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HomeMy WebLinkAbout09-22-1982 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, September 22, 1982 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE .ORGANIZATION Roll Call Present: Commissioners Bolger, Hlava, Monia, Nellis, Schaefer and Siegfried Absent: Commissioner Crowther Minutes Commissioner Bolger moved, seconded by Commissioner Siegfried, to waive the reading of the minutes of August 31, 1982 and approve as distributed. The motion was carried, with Commissioners Hlava and Nellis abstaining since they were not present at the.meeting. CommiSsioner Monia moved, seconded by Commissioner Bolger, to waive the reading of the minutes of September 8, 1982 and approve as distributed.' The motionswas carried, with Commissioner Siegfried abstaining since he was not present at the meeting. Appointment of Vice-Chairman Commissioner Schaefer' nominated Commissioner Bolger as Vice-Chairman. Commis- sioner Monia seconded the nomination. Commissioner Siegfried=.mov~d';.'s'~conded by Commissioner Nellis, to close the nominations. Commissioner Bolger was unani- mously appointed Vice-Chairman, replacing Alan King, who has resigned. Dis- cussion followed on the possibi'lity of rotation of the Vice-Chairman position. BUILDING SITES la. Negative Declaration - SDR-1517 E. L. Zambetti lb. SDR-1517 - E. L. Zambetti, Big Basin Way and Oak Street, Tentative Build- ing Site Approval, 1 Lot It was reported that Staff has recommended a continuance of this item. The applicant agreed to a continuance to the regular meeting of November 10, 1982. It was determined that there will be an on-site visit at 8:30 a.m. on Saturday, September 25, 1982. PUBLIC HEARINGS 2. GF-34i - Amendment of the Zoning Ordinance by adding Article 25 Village Overlay District to Ordinance 'NS-3 which would establish the boundaries of the district, allow mixed uses on properly desig- nated lots with a use permit, modifying the list of conditional uses to be allowed in the district, and by allowing variations in development standards through the' use permit process; con- tinued from August 25, 1982 It was.noted that Staff has recommended a continuance of this item. The public hearing was opened at 7:40 p.m. No one appeared, and it was directed that this matter be continued to the study session on October 5, 1982 and the regular meeting of October 13, 1982. 3a. A-832 - Sloboden Galeb, Request for Variance and Design Review Approval 3b. V-590 - to construct a single family dwelling which 'exceeds the maximum allowed floor area at 19143 Via Tesoro; continued from August 25, 1982 Staff gave the history of the applications, stating that the applicant has modified the plan to address the Commission's concerns of grading and tree removal. They indicated that they could not make the findings for the variance and were recommending denial of the variance, and approval of the site modification, .grading permit approval and design review, subj'ect to deletion of the excess square footage and the conditions in the Staff Report. - Planning Commission Page 2 Meeting Minutes 9/22/82 A-832 and V-590 (cont.) The public hearing was opened at 7:45 p.m. Since the applicant and his architect were not present at this time, Commissioner Monia. moved, seconded by Commissioner Bolger,. to table the item until the other public hearings had been held. The motion was- carried unanimously. The public hearing was then continued at 9:00 p.m. Marty Oakley, the architect, described the modified proposal and sub- mitted a sketch showing the shifting of the house, which would reduce the amount of tree removal. Commissioner Siegfried commented t~at he had no problem with the house; he has a problem with the ordinance and cannot make the findings for~, the variance. Mr. Galeb, the applicant, commented that he feels the house is appropri- ate and urged the Commission to approve the application. Mr. Oakley indicated that he had represented another client at the last City Council meeting on an application based on the same issue in the ordinance. He stated that the majority of the City Council members did not feel that they should deprive an applicant from'modifying his home to suit his family needs, based on an ordinance that exists now :.but~ will be changed in the future. He added that the Council had commented that they did not feel they should creat~e a problem for an applicant if there are no other situations that infringe on privacy or impact the neighbors. Commissioner Nellis stated that if he knew for certainty that the ordi- nance would be changed., he would not h~ve the difficulty he is now having. However, based on the point of view. that there is a chance that the ordinance will not be changed, he stated that he cannot make the neces- sary findings for the variance. '~ Commissioner Monia moved, seconded by Commissioner Hlava, to close the public hearing. The motion was carried unanimously. Commissioner Hlava stated that she felt that the intent of the ordinance was to ensure that houses would not be built which ~ould have an-adverse impact on the neighborhood. She' commented that this house is in an area of generally large houses, and she felt that she could make the findings because of the topography and size of the' lot. She added that it is on a cul-de-sac and will have no visual impact. Commissioner Bolger agreed and moved to approve A-832 and V-590, with the modification that the trees will be treated in a manner that is approved by Staff, and that the grading will also be approved by Staff. He added that he could make the findings, i.e., Findings 3, 4~ and 5 as stated in the Staff Report, and Finding 1: There are significant physical characteristics with this site and very little impact on the neighbors. If the applicant were 'to develop a house that would cover their requirements it would have to~ be of a single story nature and be stretched out more on this lot~ and= Finding 2: There 'are homes in the immediate vicinity on Chester and Leland Circle of a similar size. Commissioner Hlava seconded the motion. ~b"~'.~'~'-s i.0'fi~' MoHl a s tZa-t'ed ..lth~'~' '~e 'w'6fi'~d" ~'~'~'~ ~g.a'f~s'.'t' ~f~'e""'m~%n ,- ~ ind," .'.,t" ous're f_ e 'F-"He '.. '~"dddd--that" ~vO"h :£]~e '.:i.'~'fef~t:' ..' of"fhe.'r"~'co/~'trudt'i0r~:and' fcev~luati'On of~ the"nUmbers 'fn fh'e ordinance ~'~oUld st"i~i' not allow ~or a"l~0me thi'S size'. ThejV~'e: wa's '-taken o'H"" tti'~"'~o~i6'H', ."~H ~'H"~F~s ulted '~n' ~"' S.15'~'riz.t= 'v~te',' 'W:i'th "" C6~lni;ssi'6ner~.:'MOni-~,."'Ne.l'li~"'and. Si'eg£ri~tl 'c~'is~e':nti~g';.:.' "'I~t.- ~v.~"=Hot'e--d t. li~t"'~' 'spl.i't ..vFt~' is'-L'de.~iOa KL-dOH'i'...a]" "9'fLL'-..t.h~ '.-mO..tion;. s".~6j e~i~ to .-.recon-' '. Bide ~a~i'on-'-a-t2 the '-n-'ext 'me~.~t'ing'' Widen ~the~°& f~ 'i~"fUl]' ~omm~'s si'on'~"' 'Ft ..... :~""' - ~hat ~fidy cali'. co~e back to the' ~ex~~'' : meeting 'or can appeal within the 10-.day '~pp~i period. P'~anning Commission Page 3 Meeting Minutes 9/22/82 4. A-834 - Carl Franklin, Request for ':Design Review Approval to construct two single family dwellings on Lots 1 and 4 of Tract No. 5924, Via Tesoro Ct. near Chester Ave. in the R-i-40,000 zoning district; continued from August 25, 1'982 Staff gave the background of the application, and Commissioners Siegfried and Hlava gave a report on the 'study session held on this matter. They indicated that there was no problem with' the design on Lot #4. Regarding Lot #1, it was noted that there h~d been an on-site visit with the appli- cant and the neighbor, Mr. Mancuso. Commissioner Siegfried suggested moving the house slightly down on t'he site or redesigning so that the garage would take access off Chester and not have the driveway in the back yard. The public hearing was opened at 7:.37 p.m. The applicant, Mr. Franklin, discussed the current designs on Lots #1 and #4. Regarding Lot #1, he indicated that he does not feel that the design impacts the neighbors, and noted that they have met the require- ments of the ordinance. He discuss'ed the site, design, and the options suggested by Staff. He for both lots. Ron Mancuso, the neighbor, stated that he appreciates the applicant's efforts. He noted that he would li'ke to see the house more L-shaped and have the garage on the Via Tesoro side, but would respect the Commission's decision. Commissioner Siegfried moved to close the public hearing. Commissioner Monia seconded the motion, which was carried unanimously. Commissioner Siegfried moved to approve Lot #4 as proposed, deleting the conditions of the Staff Report with· t-he exception of "Box all ordinance sized trees within 20-ft. of any grading during construction." Commis- sioner. Hlava seconded the motion, which was carried unanimously 6-0. Further discussion followed on the ~aesign of the house on Lot #1 and possible relocation. Appropriate landscaping was discussed. Commissioner Hlava stated that she did not feel that landscaping will solve the problem, since the neighbor will then have no view except the landscaping. The possibility of flipping the house and reorienting it was suggested by Commissioner Bolger. The applicant discussed this possibility and indicated that if the home were moved forward and sunk, no grading could be done in. the backya·rd, since they. were now 6 inches from the actual street curb to pad elevations in the rear. CommiSsioner Monia moved to approve'~'A-83.4~ ~or Lot #1 as pro~psed, delet- ing the 'cond. iti'ons in the Staff RepOrt 'an~'a~_i_'H-~F'~]~j~'...~.."~'~Tj~o'."~.. !~andscap- ing strip be planted and maintained along the westerly property line, to be approved by Staff. Commissioner Siegfried seconded the motion, which was carried 4-2, with Commissioners Bolger and Hlava dissenting. 5.· UP-522 Cashin/Dean Turner, Request for Use Permit Approval to allow the construction of a gas station in the C-N zoning district at the corner of Prospect and Saratoga-Sunnyvale Road; continued from September 8, 1982 Staff reported that there had been a split vote at the last meeting, and since there was not a full Commission at this meeting, it would be con- tinued. The Deputy City Attorney commented that there will be an amend- ment to the· ordinance to be considered in the near future, to read that a split' vote ·will be reconsidered at the next regular meeting when there is a quorum. Staff noted that ·Condition #4 of the Staff Report has been rewritten to be in accordance with.the intent of'.the landscaping. The public hearing was 'opened at 8:30 p.m. Warren Heid, architect, stated that they were planning to do the land'- scaping on the front and would have a drawing showing this at the next meeting. Planning Commission Page 4 Meeting Minutes 9/22/82 UP-S22 (cont.) It was directed that this matter be continued to the meeting on October 13, 1982. 6a. Negative Declaration - UP-526 .- Martin Oudewaal/Carriage Travel 6b. UP-526 - Martin Oudewaal/Carriage Travel, Request for Use Permit Approval to allow a travel agency at '14395 Saratoga Ave.' in the' P-A zoning d.istrict Staff described the proposal, s'ta't~i'ng that this use had previously been .. added as an allowed use in this zoning district. The parking requirements were discussed'. The public hearing was opened at 8:35 p.m. Warren Heid, the architect, discussed a letter he had submitted regarding the .parking need and ratio, indicating that 400 to 1 was an appropriate parking ratio. FIe gave a presentation on the 'proposal. Mrs. Lentini, of Carriage Travel, discussed the number of employees and the parking. The Deputy City Attorney stated that the Planning Commission can reserve jurisdiction over the use permit and could condition it for an automatic review. Commissioner Monia moved, seconded b'y Commissioner Siegfried, to close the public hearing. The motion was carried unanimously. There was further discussion of the parking and the appropriate ratio for this use. Commissioner Bolger suggested that the parking ratios in the Village be reviewed along wi'th 'the o:verlay district. Commissioner Bolger then moved to ap.prove UP-526, with a parking ratio of 1 to 400, with the reservation that it will be reviewed after a 12-month period to determine if ther'e is a problem. Commissioner Nellis seconded the motion. Commissioner Monia moved to amend th:e motion to r.ead_ that there will be a review in 18 months, stating that he felt that building would be occupied and the parking situation "'can be observed fully at that time. Commissioner Hl.ava seconded the amendment, which was carried unanimously. The vote was taken on the moti'on as amended, and it was carried unanimously 6-0. Commissioner Siegfried moved to appr:ove the Negative 'Declaration for UP-526. CommisSioner Monia seconded the motion, which was carried unani- mous ly 6 - 0. MISCELLANEOUS 7.. UP-9 Toyon Lodge, Vickery Avenue, Discussion of Conditions of Use Permit Staff gave the ba'ckground of thi's item, indicating that the only violation noted during their on-site visi't was the number of kitchens. The letter received from the applicant's attorn2ey was noted. Commissioner Siegfried gave a report on the study se'ssion regarding this item, stating that he felt that the Commission should focus on the present and potential use. He suggested that there be an on-site visit. Jerry Butler, 15015 Vickery Avenue, referenced the previous letter that he had written regarding the use permit, stating that every item therein st'ill applies. FIe 'explained that his main concern is that the use permit issued in 1958 is still in effect without any modifictions or revimv. 'He indicated that the lodge does' not fit in with the neighborhood, and the use permit should be reviewed.becaus~ of the violation- of conditions. Joe Montgomery, owner' of Toyon Lodge, stated that he had attended the study session and the complaints in Mrs. Butler's letter have been respond- ed to by Staff. He indicated that h~ has never added any additional units · "Po~anning Cornmiss ion = Page Meeting Minutes 9/22/82 UP-9 (cont.) or kitchens to the lodge. Mr. Montgomery indicated that he feels that the neighbors are in support of the. lodge and he is proud of it. The Deputy City Attorney commented that the 'record shows' that the use permit was amended to increase the number of units to 18; however, it is not clear whether those amendments· ·included any authorization for additional kitchens. He ·stated that 'th'e Commission needs to either authorize the increased number of kitchens or reduce the number of kitchens and impose any other conditions they feel· appropriate, based on the inspec.- tion of the site. He added that ·meChanically the applicant ·should apply for an amendment to the use· permit,·' in order to permit operation of how many k_itch~ns he intends to use. Mr. Montgomery discussed the kitchens in the lodge. It was the consensus that the applicant should determine .how many kitchens he wants and apply for amendment to the use permit, or reduce the number of kitchens to 9. It was determined that there would be an on-site inspection on Saturday, September 2Sth. Mr. Montgomery requested that Mr. Butler not come on his property. After discussion, it was decided that the Planning Commis- sion will make tl~e inspection and meet with Mr. Butler outside the property. 8. A-?·89 - Ralph Renna, 1S041 Sobey Road, Request for Site Modification SDR-1469 for grading and greenhouse construction on a slope of greater than 10 % Staff explained the request for site modification and gave the history of the application. Commissioner Bolger moved to approve Site Modification for A-789 and SDR- 1469, per the Staff Report dated September 15, 1982. Commissioner Siegfried seconded the motion, which was carried unanimously. 9. V-SS8 - Sousa, 1961S Saratoga-Los Gatos Road, 1-Year Review of Variance for Corral Staff noted that there had been no Complaints on this variance. After discussion, Commissioner Monia moved to continue the grant of V-SSS, per the Staff Report. Commissioner Siegfried seconded the motion, which was carried unanimously. COMMUN I CAT IONS Oral '1. Commissioner Bolger gave a brief ·report on the City Council meeting held on September 1S, 1982. A copy of the minutes of this ·meeting is on file in the City Administration Office. 2. Commissioner· Monia suggested that the study sessions be held at a different time and different week, in order to improve attendance. It was determined that this would be discussed further at ·the Committee-of-the-Whole on September 28, 1982. 3. Chairman Schaefer thanked the Good Government Group for attending and serving coffee. ~DJOURNMENT Commissioner Bolger moved, seconded by Commissioner Monia, to adjourn the meet- ing. The motion was carried unanimously,' and the meeting was adjourned at 10: 26 p.m. Robert S. Shook Sec're~ary. RSS:cd