HomeMy WebLinkAbout03-28-1983 CITY COUNCIL AGENDA0
AGENDA BILL NO.
DATE:--3/1-
CITY OF SARATOGA
DEPARTMENT: Planning and Policy Analysis
Initial
Dept. F
C. Attu
C. Mgr:
SUBJECT: C -200, John DiManto, Terminus of Madrone Hill Road and west of
Peach Hill Road
Issue Sun nary
1. Planning Commission recommended approval of General Plan and zoning
amendments on the subject property per tentative subdivision condition VIII,
D of SD -1454.
2. Purpose of the amendment is to make land use designations consistent with
the lot lines approved for the subdivision to avoid split zoning.
3. A small portion of R- 1- 40,000 land. would be rezoned to HC -RD.
4. A small portion of County land to be annexed to the City will be pre =zoned
R- 1- 40,000 with the remainder pre -zoned HC -RD.
5. General Plan map change No. 44 must be approved before those zoning changes
can be approved.
Recommendation
1. Conduct the public hearing on the. zoning request and have the first
Exhibits /Attachments
Exhibit A - Resolution GPA 83 -1 -B - Planning Commission
Exhibit B - Resolution C -200
Exhibit C - Negative Declaration
Exhibit D - Staff Report dated 2/16/83
Exhibit E - Planning Commission Minutes for meeting of 2/23/83
Council Action - Exhibit F.- Ordinance amending the zoning map
Exhibit G `- Letter requesting waiver of fees
4/6: Continued to 5/4.
5/4: Fanelli /Mallory moved to introduce ordinance by title only, waiving further
reading. Passed 5 -0.
5/18: Mallory. /Moyles moved to read by title only, waiving further reading. Passed 5 -0.
Clevenger /Fanelli moved to adopt Ordaincne NS- 3- ZC -87. Passed 5 -0.
reading
of the ordinance.
it
- 2.
Continue
the public hearing to the next
meeting on Play. 1-8 where the
second reading
of the ordinance.will be
done.
3.
Approve
the Negative Declaration for the
project.
4.
Approve
the rezoning as recommended,by the Planning Commission at the
April 20
meeting, and make the required
findings.
Fiscal
Impacts
Exhibits /Attachments
Exhibit A - Resolution GPA 83 -1 -B - Planning Commission
Exhibit B - Resolution C -200
Exhibit C - Negative Declaration
Exhibit D - Staff Report dated 2/16/83
Exhibit E - Planning Commission Minutes for meeting of 2/23/83
Council Action - Exhibit F.- Ordinance amending the zoning map
Exhibit G `- Letter requesting waiver of fees
4/6: Continued to 5/4.
5/4: Fanelli /Mallory moved to introduce ordinance by title only, waiving further
reading. Passed 5 -0.
5/18: Mallory. /Moyles moved to read by title only, waiving further reading. Passed 5 -0.
Clevenger /Fanelli moved to adopt Ordaincne NS- 3- ZC -87. Passed 5 -0.
RESOLUTION NO. GPA 83 -1 -B
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA AMENDING
THE 1974 GENERAL PLAN LAND USE ELEMENT FOR PORTIONS OF A 23.46 ACRE SITE
AT THE TERMINUS OF MADRONE HILL ROAD AND WEST OF PEACH HILL ROAD (APN
517- 22 -77, AND 517- 23 -35, 36, 37)
WHEREAS, the City of Saratoga received an application from John DiManto
to amend the 1974 General Plan Land Use Element Designation of a .152
acre portion of a 7.47 acre parcel (APN 517- 22 -77) from Very Low
Density Residential to Slope Conservation and designate a 1.04 acre por-
tion of a 15.95 acre parcel (APN 517- 23 -35, 36, 37) currently under the
jurisdiction of Santa Clara County as Very Low Density Residential with
the remainder of this parcel to be designated Slope Conservation; and,
WHEREAS the 15.95 acre parcel (APN 517 -23- 35,36,37) will be annexed to
the City of Saratoga; and,
WHEREAS the proposed General Plan amendments were a condition of ap-
proval for a tentative subdivision map (SD -1454) approved by the
Planning Commission; and,
WHEREAS, the City of Saratoga Planning Commission at a regular meeting in
accord with Government Code Section 65351, held a public hearing on
February 23, 1983, and reviewed the proposed amendment to the Land Use
Element; and,
WHEREAS, the City of Saratoga Planning Commission reviewed the draft
negative declaration and the findings attached as Exhibit "B ";
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of Saratoga:
That the Planning Commission recommends that the City Council amend the
1974 land use element from Very Low Density Residential to Slope Con-
servation a .152 acre portion of a 7.47 parcel; and, designate a 1.04
acre portion of a 15.95 acre parcel as Very Low Density Residential with
the remainder of the parcel designated Slope Conservation, all parcels
located at the terminus of Madrone Hill Road and west of Peach Hill
Road and as shown by Exhibit "D ", based on the ability to make the
findings as stated in Exhibit "B ".
The above and foregoing resolution was regularly introduced and
thereafter passed and adopted by the Saratoga Planning Commission on the
23rd day of February, 1983, by the following vote:
AYES: Commissioners Bolger, Crowther, Hlava, McGoldrick and Schaefer
NOES: None
ABSENT: Commissioners Nellis and Siegfrie -
ABSTAINED: None
Chairman, Planning 96mmission
Attest:
ASeLV"""�'_
cretary ���� A
RESOLUTION NO. C -200
RESOLUTION RECOMMENDING PROPOSED AMENDMENT TO THE
ZONING ORDINANCE OF THE CITY OF SARATOGA
WHEREAS, the Commission held a Public Hearing on said proposed
amendment, which Public Hearing was held at the following time
and place, to -wit: At the hour of 7:30 p.m. on the 23rd day of
February, 1983, at the City Council Chambers, 13777 Fruitvale
Avenue, Saratoga, California; and thereafter said hearing was
closed, and
WHEREAS, after consideration of the proposed amendment as it would
affect the zoning regulation plan of the City of Saratoga, and after
consideration of a Negative Declaration prepared for the project
and brought before the Commission, this Commission has made cer-
tain findings and is of the opinion that the proposed amendment
attached hereto and marked Exhibit "C" should be affirmatively
recommended to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Saratoga as follows: That the proposed amendment
attached hereto be and the same is hereby affirmatively recommended
to the City Council of the City of Saratoga for adoption as part of
the Zoning Ordinance of said City, and that the Report of Findings of
this Commission, a copy of which report is attached hereto and marked
Exhibit "B ", be and the same is hereby approved, and
BE IF FURTHER RESOLVED that the Secretary is directed to send
a copy of this Resolution of Recommendation with attached Proposed
Amendment and Report of Findings and a summary of hearings held by
this Commission to the City Council for further action in accordance
with State Law.
PASSED AND ADOPTED by the City of Saratoga Planning Commission,
State of California, this 23rd day of February , 1983, by the following
roll call vote:
AYES: Commissioners Bolger, Crowther, Hlava, McGoldrick and Schaefer
NOES: None
ABSENT: Commissioners Nellis and Siegfried
ATTEST:
r�r
Sec TTFa ry
Chairman of the PlanXing I:ommission
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BE
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GPA 83-I-B 6 C-200
Designate as Very Low Den-
sity Residential and pre-
zone as B-1-40,000
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TIONAL MAP
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ECTIONAL MAP
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Change from Very Low Den-
sity Residential & R-1-
40,000 to Slope Conserva-
tion and HC-RD
Designate as Slope Conser-
,vation and prezone as
BC-8D
^
. • GPA - 8 3 - 1 - B
C- 200
Exhibit "B"
Findings:
1. The proposed General Plan and Zoning Amendments are
required to ensure that a logical development pattern
is created for this parcel.
2. The proposed General Plan and Zoning Amendments are
required to achieve the objectives of the General
Plan and the Zoning Ordinance as prescribed in Section
1.1 of said ordinance.
3. The proposed General Plan and Zoning Amendments will
not have a significant impact on the environment, or
adversely affect public health, safety or welfare.
EIA -4
Saratoga
•
•
DECLARATION THAT ENVIRONMENTAL
IMPACT REPORT NOT REQUIRED
(Negative Declaration)
Environmental Quality Act of 1970
GPA 83-1-B+
File No: C -200
2/14/83
The undersigned, Director of Planning and Environmental Control of the
CITY OF SARATOGA, a Municipal Corporation, after study and evaluation
has determined, and does hereby determine, pursuant to the applicable
provisions of the Environmental Quality Act of 1970, Sections 15080
through 15083 of the California Administrative Code, and Resolution 653 -
of the City of Saratoga, that the following described project will have
no significant effect (no substantial adverse impact) on the environment
within the terms and meaning of said Act.
PROJECT DESCRIPTION Minor adjustments to the General Plan and Zoning Maps
of Saratoga changing the designations of: a portion of a 7.4 acre parcel in
the City from Very Low Density Residential (R -1- 40,000) to slope conservation
(HC -RD) and a portion of a 16+ acre parcel in the City's urban service area
from slope conservation (pre -zoned HC -RD) to Very Low Density Residential (R -1-
40,000). Project is located at the terminus of Madrone Hill Road west of
Peach Hill Road.
NAME AND ADDRESS OF APPLICANT
John DiManto
300 So. First St.
San Jose, CA 95112
REASON FOR NEGATIVE DECLARATION
Project consists of minor alterations to General Plan and zoning maps to
allow a proposed subdivision to proceed. The physical impacts of the project
itself have already been addressed in a negative declaration which is incor-
porated herein by reference (File No. SD- 1454). This project only allows
the previously approved project to proceed as conditioned in the subdivision
approval.
Executed at Saratoga, California this day of fepPUAXy 1983
R. S. ROBINSON, JR.
DIRECTOR OF PLANNING AND
ENVIRONMENTAL CONTROL OF THE CITY OF
SARATOGA
DIRECTOR'S AUTHORIZED STAFF MEMBER
\\ I/ e4i4 AA
�xaierr D"
REPORT TO PLANNING COMMISSION
DATE: Feb. 16, 1983
Commission Meeting: Feb. 22, 19 8 3
SUBJECT GPA 83 -1 -B /C -200 John DiManto Terminus of
Terminus of Madrone Hill Road west of Peach Hill Road
---------------------------------------------------------------------- - - - - --
Request:
1. Amend the General Plan so that the designation of a .152
acre portion of a 7.47 acre parcel (APN 517- 22 -77) is
changed from Very Low Density Residential to Slope Con-
servation and rezone this same portion from R -1- 40,000 to
HC -RD. AND
2. Amend the General Plan so that a 1.04 acre portion of a
15.95 acre parcel (APN 517 -23- 35,36,37) is designated Very
Low Density Residential (and :one this same portion R -1- 40,000)
and designate the remainder of the property Slope Conservation
(and zone this same portion HC -RD).
Environmental Assessment: A negative declaration for this project
has been prepared.
Public Noticing: This project has been advertised by publishing
in the newspaper, posting, and by mailings to 50 nearby property
owners.
General Plan Designation (Current):
APN 517 -22 -77 - Very Low Density Residential
APN 517 -23- 35,36,37 - County (urban service area /slope conservation)
Zoning: APN 517-22-77 - R-1-40,000
APN 517 23- 35,36, 37- County (pre -zoned HC -RD)
Surrounding Land Uses: Site surrounded by single family residential
use and is adjacent to a county park (Montalvo).
Site Size (Total): 23.46 acres ±
Report to PlanninWommission •
February 16`, 1983 Page 2
Site Slope: City Portion - 40.16%
County Portion = 46%
Staff Analysis: On December 8, 1982, the Planning Commission granted
tentative subdivision approval for a 5 lot subdivision (SD -1454) on
the subject property. Condition VIII.D. of the tentative subdivision
approval required minor adjustments in the General Plan and Zoning Maps
of the City to match the City's land use designations with the lot lines
approved for the subdivision. These adjustments must be made prior to
final map approval to allow the applicant to proceed with the project.
These amendments do not increase the number of lots or the density of
the project.. The physical circumstances of the property are described
in the staff report dated 12/2/82 for SD -1454 and are incorporated
herein by reference.
The first General Plan and Zoning Amendment described under Request
would allow Lot 3 of the subdivision to be designated entirely as Slope
Conservation (HC -RD) rather than create split zoning on the lot. The
second amendment described under Request would allow Lot 2 to be desig-
nated entirely as Very Low Density Residential (R -1- 40,000). The
southernmost 15.95+ acres of the project site will have to be annexed to
the City before the rezoning described in the second amendment would
go into effect. Until that time, the second amendment would be con-
sidered a prezoning.
The proposed amendments are minor and have no significant impact on
the General Plan designations of any other properties in the vicinity
or their future development. These amendments merely "clean up" the
subdivision so that lot lines are consistent with General Plan and
Zoning Designations.
Findings:
1. The proposed General Plan
to ensure that a logical
parcel.
2. The proposed General Plan
achieve the objectives of
Ordinance as described in
and Zoning Amendments are required
development pattern is created for this
and Zoning Amendment are required to
the General Plan and the Zoning
Section 1.1 of said ordinance.
3. The proposed General Plan Amendments and Rezonings will not
have a significant impact on the environment or adversely
affect public health, safety or welfare.
Report to Plannin•Commission • Page 3
February 16,1983
RECOMMENDED ACTION:
Staff recommends that the Planning Commission adopt the attached
resolutions recommendeding approval of the proposed General Plan
and Zoning Amendments.
Michael Flore ,
Assistant Planner
IXmer,
Planning Commission
Meeting Minutes 2/23/83
V -541 (cont.)
C Page 7
Commissioner Hlava commented that when a Specific Plan for the Village was
discussed this *was one of the topics. She pointed out that there are numer-
ous problems with it, because today there may be a restaurant there that is
compatible with the bank, and tomorrow there may be another bank which would
be incompatible relative to shared parking. She added that she would be will-
ing to discuss doing it on a generic basis along with the Specific Plan for
the Village; however, she does not think it is appropriate to do it before that
time. She also indicated that she has a real problem in considering public
parking spaces on a public street as being designated for part of the on -site
parking that is required from different businesses. She commented that it would
be a terrible precedent to set when other people are asked to provide private
parking. ( *the idea of businesses sharing parking)
Commissioner Bolger stated that he feels this particular situation is in a
great deal of flux, with the Historical Preservation Ordinance and the Village
Specific Plan now coming into being. He commented that, because of those two
particular issues and the fact that there is a very successful business there
which is a real asset to the business community, it would be inappropriate to
ask Maddalena's to cease and desist. He added that he feels that there are
a lot of issues that have to be addressed further and one year would be a mini-
mum timeframe in order to resolve them.
Staff commented that the Van Arsale site includes not only this structure but
the two other structures. Therefore, even if it were concluded that those four
spaces could be assigned to this site, it would then be a matter of determining
whether they should be assigned to this specific use.
There was a consensus to defer this matter until the two issues discussed can
be reviewed. It was directed that this item be continued to April 13, 1983.
12. GPA 83 -1 -B - DiManto, Consideration of Changing the General Plan Desig-
nation from Very Low Density Residential to Slope Conservation of a portion
of a 7.4 acre parcel designated in the Santa Clara County Assessor's Book
as APN 517- 22 -77, located at the terminus of Madrone Hill Road, Saratoga,
CA, and consideration of designating in the General Plan three parcels
(16+ acres) as partially Very Low Density Residential and partially Slope
Conservation. Said parcels to be annexed to the City of Saratoga. These
parcels are designated in the Santa Clara County Assessor's Book as APN
517 -23- 35,36,37 and are located adjacent to, and south of the parcel men-
tioned above and on the west side of Peach Hill Road, in Santa Clara County
13. C -200 - DiManto, Consideration of Rezoning from R -1- 40,000 to HC -RD a
portion of a 7.4 acre parcel designated in the Santa Clara County Assessor's
Book as APN 517- 22 -77, located at the terminus of Madrone Hill Road, Sara-
toga, CA, and consideration of zoning three parcels (16+ acres) partially
as R -1- 40,000 and partially HC -RD. Said parcels to be annexed to the City
of Saratoga. These parcels are designated in the Santa Clara County
Assessor's Book as APN- 517 -23- 35,36,37 and are located adjacent to, and
south of, the parcel mentioned above and on the west side of Peach Hill
Road in Santa Clara County, CA.
The public hearing on the above two items was opened at 10:15 p.m.
Bill Heiss, civil engineer for the project, appeared to answer questions,
stating that these applications would realign the zoning lines to conform to
the ultimate property lines.
Commissioner Bolger moved to close the public hearing. Commissioner Hlava
seconded the motion, which was carried unanimously.
Commissioner Crowther moved to adopt Resolution 83 -1 -B, recommending approval
of the General Plan amendment to the City Council. Commissioner Hlava seconded
the motion, which was carried unanimously 5 -0.
Commissioner Hlava moved to adopt Resolution C -200, recommending approval of
the rezoning to the City Council, per the Staff Report dated February 16, 1983.
Commissioner Crowther seconded the motion, which was carried unanimously 5 -0.
- 7 -
W
C
ORDINANCE NO. NS -3 -ZC
Exhibit "C"
AN ORDINANCE AMENDING ORDINANCE NS -3, THE ZONING ORDINANCE, BY
AMENDING THE ZONING MAP RE: A.PORTION OF APN 517 -22 -77 FROM
R- 1- 40,000 TO HC -RD AND APN 517 -23- 35,36,37 PREZONING TO R- 1- 40,000
AND HC -RD.
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: Sectional District Map No. C -200 attached hereto and
incorporated herein by reference is hereby adopted, and the Zoning
Map of the City of Saratoga adopted by Section 1.8 of Ordinance NS -3
of said City, together with any amendments thereto, is hereby changed
and amended by substituting the crosshatched area on the foregoing
sectional district map for that portion of the Zoning Map delineated
in and by the within - adopted crosshatched portion of the sectional
district map.
So much of the Zoning Map of the City of Saratoga, together with -
any amendments thereto, as in conflict with the within - adopted
sectional district map is hereby superseded and repealed.
SECTION 2: This Ordinance reclassifies certain property shown on
the attached sectional map from R -1- 40,000 to HCRD for that
portion of the parcel within the City limits and classifies that
portion in the County R -1- 40,000 and HCRD. The reclassification
of that portion of the property within the City limits shall
become operative and take effect thirty (30) days from its date
of passage. The zoning classification of that portion of the
property within the County shall become operative and take effect
at the same time the annexation of that portion of the ,property
takes effect.
This ordinance was regularly introduced and after the waiting
time required by law was thereafter passed and adopted this
. day of , 1983, by the following vote:
AYE S:
NOES:
ABSENT:
ATTEST:
MAYOR
City Clerki?(}4(6�'r
W_u 1 5
Civil Engineering
City Council
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Honorable Council:
JENNINGS - McDERMOTT - HEISS, INC.
SUITE 200 286 -4555
925 REGENT STREET-SAN JOSE, CA. 95110
Land Planning Land Surveying
March 11, 1983
RECEIVED
PLANNING POLICY ANALYSIS
Re: Di Manto Our #2238
Our office has previously submitted to the City a General Plan revision
and re- zoning request on behalf of John Di Manto. The General Plan revision
is to be considered by your body at it's March 16th meeting. Both of these
items represent what I catagorize as housekeeping activities. They are intend-
ed to align the zoning and General Plan designations with the proposed final
lot lines which do not exactly agree with the present zoning line.
There should be minimal expense involved as far as the City is concerned.
The environmental concerns were discussed as part of the Tentative Map, which
was approved many weeks ago, and a negative declaration was filed. We had
indicated when we submitted the drawings that we felt the required fees of
$2,200.00 were inappropriate for this particular request.
We therefore ask that the City Council consider refunding a portion of
these fees. It is certainly appropriate that Mr. Di Manto pay those costs that
are required of the City in order to process the two requests. We feel, however,
that $2,200.00 probably exceeds what would be required of the Staff in order to
accomplish the General Plan change and re- zoning. Therefore we would appreciate
it if your body would agree to refund those portions of Mr. Di Manto's fees
which were not expended. Thank you for your consideration of this request.
c.c. John Di Manto
Very truly yours,
WILLIAM E. HEISS
t1 //