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HomeMy WebLinkAbout09-23-1992 Planning Commission Minutes,~ ,. CI'I'S~' SARATOGA PLANNING COMMI~-N MINUTES September 23, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. The meeting was called to order at 7:00 p.m. by Chairperson Caldwell. ROLL CALL PRESENT: Chairperson Caldwell, Commissioners Asfour, Bogosian, Moran and Murakami ABSENT: Commissioners Favero and Forbes (both excused) Pledge of Allegiance Minutes Minutes of the September 9, 1992 Meeting Commissioner Bogosian had the following corrections: Page 1, 4th paragraph under "Oral Communications", the words "Joint City Council/Planning Commission" should be added prior to the word "agenda". Page 1, 6th paragraph under "Oral Communications", should reflect that the discussion of revising the Sign Ordinance will be held at the Planning Commission retreat. Page 7, 9th paragraph, should read: "Vice Chair Bogosian stated there will be an intensification of the use and a traffic study should be done to determine the hours of the day when there is least potential of traffic conflict." Page 8, 13th paragraph, should read: "Vice Chair Bogosian noted there had been other opportunities to address the trail system." Commissioner Moran had the following corrections: Page 6, Sth paragraph under the dashed line, the words "rights granted" should be changed to "conditions imposed". Page 12, "Director's Item", 1, bl, should be changed to "Applications for extension on approvals". BOGOSIAN/MORAN MOVED TO APPROVE THE MINUTES OF SEPTEMBER 9, 1992, AS AMENDED. PASSED 2-0 (Chairperson Caldwell and Commissioners Asfour and Murakami abstained). Planning Commission Mi~s Meeting of September 23, 1992 Page 2 ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Govemment Code 54954.2, the agenda for this meeting was properly posted on September 18, 1992. Technical Corrections to Packet Planner Walgren noted that in regard to Item #9, page 112, 1st paragraph should have language to reflect the request for design review approval for both a new two-story residence and a pool development. PUBLIC HEARING CONSENT CALENDAR 1. UP-92-009 - Saratoga Fire District; 14380 Saratoga Ave., request for use permit approval to allow an 8 ft. tall accessory structure/generator enclosure to be located at the rear of the Saratoga Fire Station. The subject property is located within a Professional and Administrative Office (P-A) zone district. MORAN/BOGOSIAN MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR PASSED 5-0. PUBLIC HEARINGS 2. UP-92-005 - Saratoga Presbyterian Church; 20455 HPmman Avenue, request for use permit approval to allow the operation of apre-school in two of the existing classrooms at Saratoga Presbyterian Church, pursuant to Chapter 15 of the City Code. The church site is located within a R-1-12,500 zone district (cont. from 9/9/92; application expires 1/6/93). --------------------------------------------------------------------------------------- Planner Walgren presented an overview of the traffic analysis which staff had conducted since the Planning Commission last heard this item, and answered questions from the Commission. At 7:43 p.m. Chairperson Caldwell opened the public hearing. Richard Spencer, Reverend of Saratoga Presbyterian Church, applicant, spoke in favor of the application. He stated that the church wishes to be a "good neighbor" and that the church facilities are frequently used for various community activities. He explained that there had not been any traffic problems during these various activities, and therefore, Planning Commission Mi~s Meeting of September 23, 1992 Page 3 he did not believe the proposed preschool would trigger any significant traffic impacts to the area. He also answered questions from the Commissioners and explained that the drop off and pick up of the children could take place in the parking lot opposed to the street. MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:50 P.M. PASSED 5-0. Commissioner Asfour suggested the time of the preschool be changed to 9:15 a.m. - 12:00 p.m. opposed to the proposed 9:00 a.m. to 12:00 p.m. There was a brief discussion regarding this suggestion and the Commissioners indicated that there was not a majority in favor of changing the proposed operating time of the preschool. City Attorney noted that the public hearing on this item had remained open from the September 9, 1992, Planning Commission meeting in order to allow for submittal of additional information. The City Attorney explained that the additional information requested by the Commission had been received at this public hearing and could serve to support the findings for approval. MORAN/BOGOSIAN MOVED TO APPROVE UP-92-005. PASSED 5-0. 3. DR-89-041.2 - Dividend Development Corporation; 13150 Saratoga Avenue SD-89-006.2 - request for a second one-year extension to an approved development to construct amixed-use housing project consisting of 75 townhomes and a senior housing facility. The senior facility would consist of 23 patio homes, 185 condominium units, a 32-bed personal care facility and a 45-bed skilled nursing facility. The subject property is approximately 25 acres and is zoned Multiple Use -Planning Development (cont. from 9/9/92 due to lack of quorum; application expires 1/29/92). ----------------------------------------------------------------------------------------- Planner Walgren presented the Report dated September 9, 1992 to the Commission. Both Planner Walgren and Planning Director Curtis answered questions from the Commission. Chairperson Caldwell inquired as to whether the Planning Commission, through this application, could expedite the demolition of the existing building on the site based on new health and safety concerns. Planning Director Curtis explained that the demolition of the building was being delayed due to procedural hold ups and finances, but that expedition of the demolition was being pursued through the court system. City Attorney addressed Chairperson Caldwell's question and explained that the Planning Commission should be careful since there is judicial activity involved, and Planning Commission Mi~s • Meeting of September 23, 1992 Page 4 make sure that the Commission would not be interfering or countermanding with any of the direction given by the court with regard to the demolition. Commissioner Bogosian requested that the Commission be provided with a memo from the City Attorney or a copy of the court order for review of the specifics in regard to the demolition and its time schedule. Commissioner Bogosian also inquired as to whether a security guard had been posted or the site properly secured as required in the conditions of the previous approvals. Chairperson Caldwell opened the public hearing at 8:05 p.m. Dick Oliver, 3600 Pruneridge Avenue, Santa Clara, representing applicant, spoke in favor of the application. He explained to the Commission the various events causing delay in demolition. He stated that the interior demolition was now under way and taking place in an orderly fashion. In response to Commissioner Bogosian's question regarding the security guard's hours, Mr. Oliver explained during the day a demolition crew was on site and a security guard was on post from 4:00 p.m. to 8:00 a.m week nights and 24 hours a day during the weekend. Mr. Oliver also answered questions with regard to the demolition and waste reduction issues. Peter Wesley, 13100 Saratoga Avenue, expressed concerns regarding the interior demolition, noise, and night time activities on the property and in the existing building. He explained that approximately a year ago a security guard had been present on the property on a regular basis, but after a short time the posting of a security guard was discontinued and the noise and night time activities became a nuisance. Mr. Wesley stated he had called the sheriff twice in a one year period to report the noise and activity. He noted recently a security guard had been re-assigned to the site and that the noise and night time activity problems have seemed to stop. MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. PASSED 5-0. Commissioner Asfour stated he had read the staff report and become familiar with the project and felt comfortable in voting on the application. Planning Director Curtis again explained that the issue of the demolition of the existing building had been turned over to the court and that the Commission may want to leave that issue to the court's ruling and not intercede by imposing additional conditions on the demolition of the building. Commissioner Bogosian expressed concern regarding whether the court would be dealing with and addressing the health and safety issues of the demolition. Chairperson Caldwell and Commissioner Moran expressed support for the Commissions review of the court order. Planning Commission Mi~s Meeting of September 23, 1992 Page 5 BOGOSIAN/ASFOUR MOVED TO RE-OPEN THE PUBLIC HEARING AND CONTINUE SD-89-006.2 AND DR-89-041.2 TO THE OCTOBER 14, 1992 PLANNING COMMISSION MEETING TO ALLOW STAFF TIME TO LOOK INTO: 1) PROVIDING THE COMMISSION WITH A COPY OF THE COURT ORDER TO REVIEW SPECIFICS OF THE DEMOLITION AND RELATED HEALTH AND SAFETY ISSUES; 2) ADDRESS ISSUES OF SECURI'T'Y; 3) NOTIFY NEIGHBORS OF APPLICATION; AND 4) DRAFT UP LANGUAGE TO ADDRESS THE ISSUES RAISED. PASSED 5-0. 4. SD-89-016.1 - Estrade; Sousa Lane, request for aone-year extension LL-89-006.1 - of tentative map and lot line adjustment approval to subdivide two existing parcels totaling 2.18 acres into six parcels ranging from 11,500 to 16,828 sq. ft. per Chapter 14 of the City Code. The subject parcels are located within an R-1-10,000 zone district. Planner Walgren presented the Report dated September 23, 1992. At 8:29 p.m., Chairperson Caldwell opened the public hearing. Bill Henry, 7423 Monterey Street, Gilroy, representing the applicant, spoke in favor of the application and offered to answer any questions from the Commission with regard to the application. MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:29 P.M. MORAN/ASFOUR MOVED TO APPROVE LL-89-006.1 PASSI?D 5-0. MORAN/MURAKAMI MOVED TO APPROVE SD-89-016.1. PASSED 5-0. 5. DR-92-024 - Sobey Oaks Association; 14671 Sobey Claks Ct., SM-92-006 - request for design review approval to construct a 5,573 sq. ft. two- story residence, a pool and tennis court on a 67,221 sq. ft. parcel per Chapter 15 of the City Code. The applicant is also requesting to amend the subdivision site development plan by locating the parcel's access off Gypsy Hill Dr. instead. of Sobey Oaks Ct. The property is located within an R-1-40,00() zone district, on Lot #17 of the Sobey Oaks/Gypsy Hills subdivision. Planner Walgren presented the Report dated September 23, 1992, to the Planning Commission. At 8:32 p.m., Chairperson Caldwell opened the public hearing. Jerry Lohr, 18755 Montegue Drive, applicant, spoke in favor of the application. He explained that the house was a "contract" house --- not a spec house to be sold later. He also explained various design feature of the proposed home. Planning Commission Mi~s • Meeting of September 23, 1992 Pale 6 Daniel Sloane, Lot 18 of the Sobey Oaks Subdivision, inquired whether the construction on and grading of the site would result in a need for Sobey Oaks Court to be supported. He also asked how far above sea level would the floor of the new house be. Jerry Lohr responded to Mr. Sloane's questions by explaining that the proposed home would be at 409 feet above sea level and that the proposed construction and grading would not result in a need to support Sobey Oaks Court. Chairperson Caldwell stated she felt the tennis court is a very predominant feature of the development and suggested that the installation of additional, tall evergreens around the eastern elevation be required to help soften and screen the tennis court. Jerry Lohr stated that Chairperson Caldwell's suggestion would be acceptable to the home owner. MORAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 8:40 P.M. PASSED 5- 0. MORAN/ASFOUR MOVED TO APPROVE DR-92-024 AND SM-92-006. CHAIRPERSON CALDWELL ADDED THE FOLLOWING AMENDMENT TO THE ABOVE MOTION: CONDITION #8 INCLUDE THE PLAN'ITNG OF TALLER EVERGREEN TREES TO SCREEN THE TENNIS COURT. THIS WAS ACCEPTABLE TO THE MAKER AND SECONDER OF THE MOTION. Commissioner Bogosian stated he would not be supporting the project based on its appearance of mass and bulk from sites located below the subject site. He also explained that the placement of the tennis court makes it difficult to construct a structure which would step back and more closely follow the topography of the site. THE MOTION PASSED 4-1. (BOGOSIAN OPPOSED). Chairperson Caldwell called for a break at 8:44 p.m. The meeting was reconvened at 8:54 p.m. 6. DR-92-002 - Uppal; 22183 Villa Oaks Lane, request for design review approval to construct a 6,035 sq. ft. two-story residence and a pool on a 59,547 sq. ft. parcel per Chapter 15 of the City Code. The property is located within an NHR zone district, on Lot #10 of the Mt. Eden Estates subdivision. Planner Walgren presented the Report dated September 23, 1992 to the Commission. he also noted receipt of a letter from the applicant contesting the requirement for the landscaping to be installed prior to issuance of the final occupancy certificate. Planner Walgren explained that this requirement of installing the landscaping prior to the issuance of the occupancy certificate was a standard requirement. He continued to Planning Commission M~es • Meeting of September 23, 1992 Page 7 explain that the applicant had the option to post a bond for the installation of landscaping to allow occupancy of the house without prior installation of the landscaping. He also answered various questions from the Commission with regard to the application. At 9:00 p.m. Chairperson Caldwell opened the public hearing. Applicant's Representative, 1150 N. 1st Street San Jose, spoke in favor of the application. He stated the applicant was in agreement with the conditions as outlined in the staff report with the exception of conditions # 8 having to do with the landscaping as explained by Planner Walgren and Condition # 7 which required brown colored stucco finish and white colored columns. He explained that the desired the walls and the columns of the house to be uniform in color, and their color preference was "Spanish Sand". He submitted an alternative color of second choice for the Commissioners to review. The representative also answered questions from the Commission. Mr. Uppal, applicant, spoke in favor of the application and explained that requiring the landscaping to be installed prior to occupancy of the house would create an undue hardship on him and his family since they would have to maintain two households during the time the landscaping was being installed. He urged the Commission to allow him to install the landscaping after occupying the house without the posting of a landscape bond. Vince Garrod, adjacent neighbor, spoke in favor of the application and the design of the house. He also urged the Commission to allow Mr. Uppal to occupy the house prior to installation of the landscaping. He stated his opinion that the landscaping could be better maintained if the owner were living on the site enabling them to watch and care for the new plantings. Roger Shop, next door neighbor, expressed concern regarding encroachment of the drive on the neighboring property since a recent lot line adjustment had not yet been recorded. Mrs. Uppal, applicant, stated that they were aware of the adjustment to the lot line and assured Mr. Shop that they had been careful not to locate the driveway off of their property. BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:13 P.M. PASSED 5-0. Chairperson Caldwell inquired whether staff was confident that the development plans do not encroach on any property but the applicants. Planner Walgren stated that it would be advisable to add a condition to the resolution stating that approval would be based on the project being in compliance with the proposed lot line adjustment. He explained that the distances, figures and calculations Planning Commission Mies • Meeting of September 23, 1992 Page 8 would then be double checked and if the plans were found not to be in compliance with the lot line adjustment, they would need to come back before the Planning Commission. City Attorney agreed with Planner Walgren's. suggestion. MORAN/ASFOUR MOVED TO RE-OPEN THE PUBLIC HEARING AT 9:15 P.M. PASSED 5-0. Mr. Shop noted that there was also another situation which may want to be taken into consideration, in which an easement was moved from his lot to 22183 Villa Oaks Lane, the subject lot. BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:16 P.M. PASSED 5-0. BOGOSIAN/MORAN MOVED TO APPROVE DR-92-002 WITH THE AMENDMENT PERTAINING TO THE RECORDATION OF THE LOT LINE AND ANY EASEMENTS AS DISCUSSED (ABOVE) AND THAT CONDITION #7 SHALL REQUIRE THE EXTERIOR COLORS TO BE "SPANISH SAND" AND THE RED CLAY TILE ROOFING PER THE SUBMTI"TED MATERIAL BOARD. PASSED 5-0. 7. S-92-002 - Robles; 12906 Chiquita Ct., request for sign approval to replace the existing wood, free-standing Parker Ranch subdivision entrance sign with a new brick and stone veneer free-standing entrance sign per Chapter 15 of the City Code. The sign is approximately 24 sq. ft. in area and measures 4 ft. 4 inches in height. The sign will be located on the south side of Comer Drive just west of the existing Parker Ranch sign, within the NHR zone district. ----------------------------------------------------------------------------------- Planner Walgren presented the Report dated September 23, 1992. He also noted that staff had received a letter from the residents on Star Ridge Court in support of the proposed sign. He also stated that the proposed sign had received support from the Parker Ranch Homeowners Association. Chairperson Caldwell opened the public hearing at 9:20 p.m. Paul Robles, applicant, 12096 Chiquita Court, spoke in favor of the application and answered questions from the Commission. MORAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 9:21 P.M. PASSED 5-0. MORAN/ASFOUR MOVED TO APPROVE S-92-002. PASSED 5-0. Planning Commission Mi~s • Meeting of September 23, 1992 Page 9 8. UP-92-007 - Veltrop; 15155 Alondra Lane, request for use permit approval to allow a 336 sq. ft. as-built wood accessory structure to be located 8 ft. from the rear property line and 6 ft. 6 inches from the right side yard property line per Chapter 15 of the City Code. The structure measures 10 ft. 6 inches in height, is situated on a 46,000 sq. ft. parcel and is located within the R-1-40,000 zone district. ----------------------------------------------------------------------------------------- Planner Walgren presented the Report dated September 23, 1992, to the Planning Commission. The public hearing was opened at 9:22 p.m. by Chairperson Caldwell. Bob Veltrop, 15555 Alondra Lane, applicant, spoke in favor of the application. He stated he was unaware of the requirement to obtain planning approval or a building permit prior to construction of a storage. He also answered questions from the Commission with regard to the application. James, owner of abutting property on Best View Court, stated that he was not opposed to the shed. However, he stated that the shed was large and visually intrusive since there was only achain-link fence between the shed and his property. He suggested the structure be screened by landscaping and painted with a color that would better blend with the surroundings. He also answered questions from the Commission. Planner Walgren disclosed to the Commission that a letter of support from the neighbors at 15143 Alondra Lane had been received by the staff. Mr. Veltrop, applicant, expressed his willingness to paint and landscape the shed in order to make it more acceptable to his neighbors. MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:30 P.M. PASSED 5-0. BOGOSIAN/MORAN MOVED TO APPROVE UP-92-007 WITH THE FOLLOWING ADDITIONAL CONDITIONS: 1) THE STRUCTURE SHALL BE PAINTED A DARIG;R TONE WHICH SHALL BE VISUALLY ACCEPTABLE TO THE PLANNING DIRECTOR, 2) DROUGHT TOLERANT, LANDSCAPING, SUBJECT TO STAFF REVIEW AND APPROVAL, BE INSTALLED TO HELP SCREEN THE STRUCTURE. PASSED 5-0. Planning Commission Mies • Meeting of September 23, 1992 Page 10 9. DR-92-021 - Campbell; 21258 Chadwick Ct. (Lot #4), V-92-007 - request for design review approval to construct a new, two-story 4,819 sq. ft. single family residence per Chapter 15 of the City Code. The parcel is approximately 1.3 acres in gross site area and is located within the NHR zone district. The applicant is also requesting variance approval to allow the home, a pool and associated required pool fencing to encroach approximately 18 ft. into the required 48 ft. front yard setback. ----------------------------------------------------------------------------------------- The Report dated September 23, 1992, was presented to the Commission by Planner Walgren. Chairperson Caldwell opened the public hearing at 9:35 p.m. Jim Morland, project architect, 1105 S. Winchester, San Jose, spoke in favor of the application. He stated that the owner had reviewed the staff report and could agree with everything except condition #10 which requires the exterior stucco color to be "amber gold". He explained that the applicants now prefer the darker color - "Country Classic". He also pointed out several designs features and answered questions from the Commission. Paul Robles, neighbor to the north, expressed concern regarding the height of the proposed home and asked that installation of landscaping be required to help soften and screen the elevation of the structure. MORAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 9:40 P.M. PASSED 5- 0. MORAN/BOGOSIAN MOVE TO APPROVE V-92-007. PASSED 5-0. Chairperson Caldwell stated that she could support the language in the resolution for the variance, but was not in agreement with the last paragraph of the staff report with regard to the variance. She noted that any prior regulations did not have anything to do with the granting of the variance -the approval has to do with the variance findings regarding physical issues. MORAN MOVED TO APPROVE DR-92-021 WITH THE FOLLOWING ADDITIONAL LANGUAGE: 1) THE APPLICANT SHALL INSTALL TWO OR THREE ADDITIONAL TREES, PREFERABLY EVERGREENS, ALONG THE FRONT ELEVATION -THE TREES SHOULD REACH ABOUT 20 FEET IN HEIGHT AT MATURITY AND BE SUBJECT TO STAFF APPROVAL; AND 2) THE EXTERIOR COLOR OF THE HOUSE SHALL BE "COUNTRY CLASSIC". The applicant indicated he wanted to address the Commission. Planning Commission Mies • Meeting of September 23, 1992 Pale 11 MORAN WITHDREW HER MOTION AND MOVED TO RE-OPEN THE PUBLIC HEARING AT 9:41 P.M TO ALLOW THE APPLICANT TO SPEAK. ASFOUR SECONDED THE MOTION TO RE-OPEN THE PUBLIC HEARING. PASSED 5-0. Jim Moreland, project architect, explained to the Commission that the landscape plan had addressed the screening of the front elevations and pointed out several trees which are to serve as screening. MORANBOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:43 P.M. PASSED 5-0. MORAN/ASFOUR MOVED TO APPROVE DR-92-021 WITH THE FOLLOWING ADDITIONAL LANGUAGE: 1) THE APPLICANT SHALL INSTALL TWO OR THREE ADDITIONAL TREES ALONG THE FRONT ELEVATION -THE TREES SHOULD REACH ABOUT 20 FEET IN HEIGHT AT MATURITY AND BE SUBJECT' TO STAFF APPROVAL; AND 2) THE EXTERIOR COLOR OF THE HOUSE SHALL BE "COUNTRY CLASSIC. PASSED 5-0. Chairperson Caldwell and Commissioner Bogosian commented favorably on the design. 10. UP-92-006 - Cali Investments; 14510 Big Basin Way, request for use permit approval to operate a restaurant, including outdoor seating and associated signage, at the Village Square complex in the CH-1 zone district per Chapter 15 of the City Code. ----------------------------------------------------------------------------------------- Planner Walgren presented the Report dated September 23, 1992 and answered questions with regard to the application. He also noted that the staff had conversations and correspondence with homeowners from the adjacent condominiums expressing concern regarding noise conflicts and general problems associated with commercial operations. He stated that in order to mitigate the situation, staff has recommended additional conditions as follows: 1) the operating hours of the proposed restaurant shall be limited to 11:00 a.m. to 11:00 p.m Monday through Sunday; 2) all cooking and/or exhaust fans and all other mechanical equipment which does not require 24 hour a day operation shall be shut off 1 hour prior to and 1 hour following the regular hours of operation; 3) all restaurant and contract personnel's presence on the site shall be limited to 1 hour prior to opening and 1 hour following closing for all activities including preparation and clean up. Planner Walgren also answered various questions from the Commission regarding the application. Chairperson Caldwell opened the public hearing at 9:53 p.m. Bill Carlson, Owner of Restaurant on Big Basin Way, spoke in support of the application. He stated that Saratoga would benefit by having the proposed new establishment. Planning Commission M~es • Meeting of September 23, 1992 Page 12 Mitchell Cutler, 14510 Big Basin Way, applicant, spoke in favor of the application and explained that the 3 additional conditions as outlined by staff may not be feasible. He urged the Commission to allow lead way for experimentation with the hours of operation in order for him to determine what hours would be beneficial to his type of restaurant. He also spoke in support of the proposed awning color stating that the color worked well with the type of clientele he is hoping to attract. He noted that the color was a soft color and would be a nice addition to the area. MORANBOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:58 P.M. PASSED 5-0. Planner Walgren noted that a letter had been received from Mr. and Mrs. Mongraw at 14591 Oak Street, expressing concern regarding the proposed 12:00 p.m. weekend closing time. Planner Walgren noted that most of the concerns expressed by the neighbors had to do with closing times not the hour of opening. Commissioner Bogosian spoke in favor of giving the applicant a little lead way with regard to operating hours and then requiring a review of the situation after 6 months. Commissioner Asfour concurred with Commissioner Bogosian's suggestion. He also stated that there may be initial complaints from the neighbors until the business and its operating hours are established. Chairperson Caldwell stated her feeling that the neighbors may be more concerned with the potential noise and activities outside the buildings generated by exhaust fans, recycling and trash dumping and etc., rather than with the actual operating hours. She explained that the neighbors concerns are valid and need to be addressed. The applicant indicated that he would like to re-address the Commission. MORAN/ASFOUR MOVED TO RE-OPEN THE PUBLIC HEARING AT 10:05. PASSED 5- 0. Mr. Curtis, applicant, asked if it would be helpful to limit the hours of outside restaurant activities/clean up, as describe by Chairperson Caldwell, and the operation of mechanical equipment to 12:00 a.m. Monday through Thursday. There was discussion regarding establishing specific hours, acceptable to both the applicant and neighbors, during which time certain restaurant noise/nuisance-producing activities such as clean-up, dumping trash, sorting recycling materials, mechanical equipment operation and etc., could be done. There was also discussion regarding the proposed color of the awning. It was the consensus of the Commission that the proposed color was acceptable Planning Commission Mies Meeting of September 23, 1992 Page 13 BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:10 P.M. PASSED 5-0. BOGOSIAN/MORAN MOVED TO APPROVE UP-92-006 WITH THE FOLLOWING ADDED CONDITIONS: 1) PROPOSED AWNING COLOR #8639 AS SUBMITTED ON THE COLOR SAMPLE BOARD IS ACCEPTABLE; 2) SUNDAY THROUGH THURSDAY ALL RESTAURAN'T' ACTIVITIES INCLUDING CLEAN-UP SHALL NOT EXCEED PASS 12:00 A.M. AND FOR FRIDAYS AND SATURDAYS A 12:30 A.M. CAP SHALL BE OBSERVED; AND 3) NO ACTIVITY SHALL BE PERMITTED PRIOR TO 7:00 A.M. SEVEN DAYS A WEEK THE MOTION PASSED 5-0. Commissioner Moran suggested the applicant be given a copy of the noise ordinance for review. DIRECTOR'S ITEMS Planning Commission Retreat -October 10, 1992 9:00 a.m. - 5:00 p.m. - La Mere Michelle Rest., Big Basin Way Planning Director Curtis stated that the reservations for the Planning Commission retreat had been confirmed as printed above. He stated that a tentative agenda would be distributed at the October 6th worksession. Planning Director Curtis also noted as an informational item that the Hillside Ordinance (HR) had gone to City Council for first reading. The zone change was approved, but the Council delayed adoption of the ordinance pending completion of the Ridgeline Map. Director Curtis stated that the Map was to be completed and brought to the Commission for their review and then taken to the Council. There were questions and discussion between the staff and the Commission regarding the Ridgeline Map and the text of the corresponding ordinance. It was decided that the issue be further discussed at the October 6, 1992 worksession. Commissioner Caldwell inquired what, if any, direction had the City Council given to the Planning Commission with regard to the sign ordinance. Planning Director Curtis stated that there had been no direction given by the Council. Commissioner Moran further explained that the gentlemen who had approached the City Council with regard to the sign ordinance had merely been instructed that he must first address his issue to the Planning Commission. Director Curtis noted that a letter had been received from Dr. Wright expressing concern with a senior development that was approved in 1979 specifically a condition _: - Planning Commission M~es Meeting of September 23, 1992 Page 14 requiring occupancy of each unit by at least 1 senior citizen and whether or not this could be changed. Director Curtis explained that without an application for amendment to the 1979 conditions of approval this condition could not be changed. Chairperson Caldwell directed staff to respond via letter to Dr. Wright's inquiry. COMMISSION ITEMS Chairperson Caldwell suggested that the following topics be included on the Planning Commission retreat agenda: 1. How the Planning Commission Meetings are Run 2. Effective Use of the City Attorney COMMUNICATIONS Written 1. City Council minutes - 8/27, 9/1, 9/2 and 9/8/92 Oral City Council ADJOURNMENT At 10:40 p.m. Chairperson Caldwell adjourned the meeting to 7:30 p.m. on October 6, 1992, in the Senior Day Care Center, 19655 Allendale Ave., Saratoga. Andrea M. Chelemengos Minute Clerk