HomeMy WebLinkAbout10-28-1992 Planning Commission Minutes•
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
October 28, 1992 - 7:30 p.m.
City Council Chambers, 13777 Fruitvale Ave.
Regular Meeting
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The meeting was called to order at 7:30 p.m. by Chairperson Caldwell.
ROLL CALL
Present: Chairperson Caldwell, Commissioners Forbes, Moran, Murakami and
Asfour
Absent: Commissioner Favero and Bogosian (excused)
PLEDGE OF ALLEGIANCE
MINUTES
Minutes of the October 14, 1992, Meeting
Commissioner Asfour had the following corrections:
Page 4, 7th paragraph should read: "Commissioner Asfour stated that he could
not support the request for an extension under present conditions and favored
expedition of the demolition. He stated that he would be willing to consider it
at a later date after the show of goodwill by the developer".
Page 7, 2nd paragraph from the bottom, should read: "Commissioner Asfour
stated that he felt the building could not be used for commercial as it is currently
zoned. He spoke in favor of rezoning the building as proposed to correct the
previous error on the part of the City Council and/or the Planning Commission
and, also attempt to correct the traffic and ingress/egress situation in the
process".
Commissioner Forbes had the following correction:
Page 10, 4th paragraph (motion) the last sentence should read: "The motion
passed 4-2 (Favero and Moran opposed)."
Chairperson Caldwell had the following corrections:
Page 3, 4th paragraph, noted that references made to "the courts" should be
deleted and replaced with the words "Board of Appeals".
Page 5, first bullet of the motion, the section number referred to should be
corrected to read "Regulation 11.02, Section 3.08, of the Bay Area Air Quality
Management District Rules and Regulations"
Planning Commission Mies
Meeting of October 28, 1992
Page 2
Page 5, 3rd paragraph from the bottom, 1st sentence should read: "Chairperson
Caldwell suggested a letter be sent to the City Council informing them that
previous neighborhood notification was inadequate or non-existent and also
expressing the Commission's concern regarding the lateness of such notification."
A notation should be added reflecting that following discussion with Joe Oncay,
Building Codes Administrator, it was the consensus of the Commission not to
send the letter mentioned on page 5, 3rd paragraph from the bottom.
The City Attorney had the following corrections to Page 3, 2nd paragraph:
Line 4: delete "through the courts" and replace with "by the Board of Appeals,
another administrative agency."
Line 4: Delete "to this" and insert "with their."
Lines 4-5: Delete "court system" and insert "that agency and its own process."
Line 6: Delete "court" at the beginning of the line.
Line 6: Delete "courts" and insert "Board of Appeals."
MORAN/FORBES MOVED TO APPROVE THE MINUTES OF OCTOBER 14, 1992, AS
AMENDED. PASSED 5-0.
ORAL COMMUNICATIONS
There were no oral communications.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly
posted on October 23, 1992.
TECHNICAL CORRECTIONS TO PACKET
Planner Walgren had the following technical corrections:
Item #5 under Public Hearings, A-647.2 - Azule Crossing, page 57, under the "Sign
Program Allowance" column where "6 square feet" is printed it should be corrected to
"12 square feet."
Planning Commission M s
Meeting of October 28, 1 92
Page 3
Planner Walgren also noted that Item #6, SD-92-004- Glennon, had been continued to
the December 9, 1992 public hearing per the request from the applicant.
PUBLIC HEARING CONSENT CALENDAR
1. SD-92-007 - Behel; 20241 Herrman Ave., request for
V-92-012 - tentative map approval to subdivide a 22,910 sq. ft. parcel into two
(2) single-family residential building sites of 11,455 sq. ft. each.
The variance request is to allow the parcels to be created with 82
ft. lot widths in an R-1-10,000 zone district which prescribes a
minimum width of 85 feet. This public hearing item was continued
to the 10/14/92 meeting to have staff prepare approval resolutions,
development conditions and a tree preservation plan. Staff is now
requesting that the item be continued to 11/10/92 to allow the
City Arborist more time to complete his report; application expires
3/23/93.
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MORAN/FORBES MOVED TO CONTINUE SD-92-007 AND V-92-012. PASSED 5-0.
PUBLIC HEARINGS
2. TUP-92-003 - Prince of Peace Evangelical Lutheran Church; 12770 Saratoga Ave.,
request for temporary use permit approval to allow the Prince of
Peace Church to host the "Community Inns" church rotating
housing program for the homeless per Chapter 15 of the City
Code. The church will provide shelter, meals, and employment
assistance to a group of 15 transitionally homeless adults. All
activity will be contained within fellowship hall located in the
northeast portion of the site adjacent to the parking lot. The hours
of operation will be from 8:30 p.m. to 7:00 a.m. seven days a week
for the month of December only. (This public hearing was
continued from the 10/14/92 meeting due to the late hour of the
evening. Area residents have been renoticed of the application, and
the Church sponsored an informational meeting to encourage
neighborhood participation in reviewing the proposal).
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Planner Walgren presented the Report dated October 14, 1992, to the Commission and
also answered questions with regard to the application.
Chairperson Caldwell opened the public hearing at 7:43 p.m.
Planning Commission Mies •
Meeting of October 28, 1992
Page 4
Dick Walthart, 998 Cera Drive, San Jose, member of the Social Ministry Committee at
Prince of Peace Evangelical Lutheran Church, spoke in favor of the application He
explained the various aspects of the program such as hours of operation, meals, other
communities currently participating in the program, screening and type of participating
people, program rules and objectives, on-site staff, staff qualifications, maximum
number of participants, transportation, length of program, emergency contacts, and etc.
He also answered questions from the Commission.
Wallace Brown, 1198 Nevada Avenue, San Jose, Chairman of the Board of Directors of
the Community Inns Program, spoke in favor of the application. He explained that the
type of people participating in the program are not substance abusers, but are
employable people who are in need of some assistance to become independent again.
He stated that the program not only helps with food and shelter, but also aids in
establishing savings accounts for deposits and first months' rent, career planning, and
job counselling. He stated that the participants want to utilize the program, therefore
they abide by the established so they may continue to participate. He noted that the
names and telephone numbers of serving as liaisons between the program and the
neighborhood could be posted or distributed to neighbors. He explained that should a
medical emergency arise 911 was available and also qualified medical personnel are
available at Cecil White, another facility for the homeless located in San Jose. He also
answered questions from the Commission regarding on-site staff, the maximum number
of participates allowed, hours of Cecil White, gender of participants, maximum length of
program per participant, transportation to and from the facility, origin of the program
participants and etc.
Edwin Wright, 18938 Sara Park Circle, expressed concern regarding the participants of
the proposed program and the safety of the neighborhood should the use permit be
granted. He stated that he, as a medical doctor, had treated many homeless people and
had come to the conclusion that many were substance abusers and that the state should
take care of the homeless, not various communities. He stated that many older citizens
live within the vicinity and should the church be used as proposed, many of the
residents may be frightened.
Gertrude Welsch, member of the Santa Clara County's Council of Churches, spoke in
favor of the application and stated that 6 other churches within Saratoga (Saratoga
Presbyterian, West Hope Presbyterian, Emmanuel Lutheran, Ascension Catholic, Sacred
Heart Catholic and St. Anthony Episcopal) within Saratoga are anxious to assist in the
program. She noted that the program had assisted 60 to 100 people in the last year
with securing a job and establishing permanent housing. She also explained that
participants are screened and no drop-ins are allowed to stay at the facilities. She
stated there had been no reported problems from the program participants in other
participating communities and that many times the residents of the community end up
volunteering to help.
Planning Commission Mi~s
Meeting of October 28, 1992
Page 5
Joe Zenk, Office of Human Relations for Santa Clara County, stated that there is a great
deal of homelessness in the county and assistance is greatly needed. He spoke in favor
of the application.
Pastor Jewel, pastor of Prince of Peace, spoke in support of the application and the
program. He explained that the hours specified in the application were modelled after
the hours establish in other communities where the program is successful.
Steve Ecke, 18676 Paseo Tierra, Elder at the Presbyterian Church next door to the
Prince of Peace Church, spoke in favor of the applications and stated that the members
from the neighboring church are looking forward to assisting in the program.
Marcia Fariss, 18983 Saratoga Glen Place, President of the Saratoga Woods Park
Homeowners Association, asked that the restrictions place on the use permit, should it
be approved, be written into the use permit. She also conveyed the following concerns
expressed to her by residents of the condominium development: availability of facility
during the holidays, program participants wondering through the nearby
neighborhoods, and the number of drop-ins that may be coming to the area in hope of
finding a place to stay.
Commissioner Moran asked whether a distribution of program liaisons' names and
telephone numbers, would help alleviate some of the neighbors' concern with regard to
seeing people, who they suspect are participants in the program, wandering around the
area.
Marcia Fariss indicated that it may help to alleviate some of the concern.
Chairperson Caldwell inquired as to whether restrictions on the use permit could be
written into the actual use permit.
Planning Director Curtis explained that this could be done.
Ruth Nielsen, Saratoga Woods Neighborhood, spoke in favor of the application and
commended the church for their efforts in implementing such a program.
Ellen Roznar, 19831 Viewridge Drive, stated that she resides near another Saratoga
church and expressed concern regarding the decision made on this application setting a
precedent for other churches in the City. She expressed concern regarding a decline in
the safety of the nearby neighborhoods should other Saratoga churches pursue a similar
use permit.
Jim McClough, 1829 Nestorita Way, San Jose, Council of Churches, spoke in favor of
the use permit application.
Planning Commission M~es
Meeting of October 28, 1992
Page 6
Wallace Brown, addressed several of the concerns raised by previous speakers. He
explained that once the participants of the program sign in for the evening they may
not leave the premises or they will be entirely dismissed from the program. He also
explained that the one supervisor as mentioned in the application is, in his experience
with the program, sufficient. He also explained that during the time the program has
existed, there has never been 15 program participants. He stated that the program
would use the church from November 28, 1992 to January 2, 1993.
AT 9:47 P.M. ASFOUR/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED
5-0.
FORBES/MORAN MOVED TO APPROVE TUP-92-003.
Commissioner Moran spoke in favor of the application and stated that she felt the
program proposed for the site was a good program and that the Commission had
properly addressed any potential for problems due to the proposed use of the church.
She stated that due to the careful participant screening process and the overall
regulations of the program, she was comfortable supporting the application.
Commissioner Asfour concurred with the comments made by Commissioner Moran and
added that he supported the expansion of the operating hours allowing the program to
begin at 7:00 or 7:30 p.m.
Chairperson Caldwell also expressed support for the application, but expressed concern
with Condition #3 which limits the on-site staff to 1 person. She stated that she
favored allowing the option of more than 1 night supervisor.
Commissioner Forbes stated that the Commission could condition the hours specified in
the use permit application to be the minimum operating hours of the program and leave
the option to expand those hours to the church.
Planning Director Curtis explained that should the Commission change the hours, they
must justify the change by relating it to the alleviation of certain concerns. He noted
that the program has reasons for the request for certain operating hours.
Commissioner Moran spoke in favor of maintaining the hours as stated in the
application.
Chairperson Caldwell expressed support for amending the hours to 7:00 p.m. to 8:00
a.m.
Commissioner Asfour expressed support for operating hours of 7:00 p.m. to 7:00 a.m.
City Attorney suggested that the Commission ask the pastor of the Prince of Peace
Church if the church could accommodate a change in the operating hours.
Planning Commission M~es •
Meeting of October 28, 1992
Page 7
Pastor Jewel stated that to his knowledge, the church could accommodate a change in
hours, but he could not speak for the schedule of the nighttime supervisors
Wallace Brown, program coordinator, stated that he thought modifications in the
schedules of the on-site supervisors could be made to accommodate a change in the
operating hours.
CHAIRPERSON CALDWELL SUGGESTED THE MOTION BE AMENDED TO: 1) CHANGE
THE OPERATING HOURS (IN CONDITION #4) TO 7:30 P.M TO 7:00 A.M. MONDAYS
THROUGH FRIDAYS AND 7:30 P.M. TO 8:00 A.M. SATURDAYS, SUNDAYS, AND
HOLIDAYS AND SPECIFY THE PROGRAM DATES OF NOVEMBER 28, 1992 THROUGH
JANUARY 2, 1993; 2) INCLUDE IN THE USE PERMIT THE NAMES AND TELEPHONE
NUMBERS OF THE PROGRAM/COMMUNTTY LIAISONS; AND 3) CHANGE THE
WORDING OF CONDITION #3 TO READ AS FOLLOWS: THERE SHALL BE AT LEAST
ONE NIGHTTIME SUPERVISOR, BUT NO MORE THAN 15 GUEST RESIDING AT THE
CHURCH. THE MAKER AND SECONDER OF THE MOTION INDICATED THAT THE
AMENDMENT WAS ACCEPTABLE.
THE MOTION PASSED 5-0.
The Commission took a break at 8:57 p.m. The meeting was reconvened at 9:12 p.m.
3. CITY OF SARATOGA -WATER EFFICIENT LANDSCAPE ORDINANCE
Review of State Draft Water Efficient Landscape Ordinance and Negative
Declaration (cont. from the 10/14/92 public hearing due to the late hour).
Planner White presented the Report dated October 20, 1992 and answered questions
regarding the ordinance.
Chairperson Caldwell opened the public hearing at 9:18 p.m.
There was no one wishing to speak.
MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 9:18 P.M. PASSED 5-
0.
MORAN/FORBES MOVED TO DIRECT STAFF TO SUBMIT THE FINAL DRAFT OF
WATER EFFICIENT LANDSCAPE ORDINANCE TO THE CITY COUNCIL. PASSED 5-0.
Commissioner Moran noted that the Water Efficient Landscape Ordinance should be
periodically reviewed and updated.
Planning Commission M~es •
Meeting of October 28, 1992
Page 8
Commissioner Forbes stated that it should be noted that the implementation of a Water
Efficient Landscape Ordinance is mandated by the State of California.
4. DR-92-031 - Grace United Methodist Church; 19848 Prospect Rd., request for
design review consideration to reconstruct the roof structure of the
existing administration building, effectively raising the building's
ridge height from 12 ft. to 24 ft. in height. Design review is
necessary whenever a structure within a residential zone district
exceeds 18 ft. in height pursuant to Chapter 15 of the City Code
Planner Walgren presented the Report dated October 28, 1992, to the Planning
Commission. He stated that letters had been received from Mr. Graham Mossten, David
Roznar, Dennis Rust (submitted a petition signed by area residents), Dr. and Mrs.
William Ford, Roger and Mary Peatsa, expressing concern regarding the raising of the
roof and the current uses of the church. Planner Walgren explained that the proposed
roof design would not increase the square footage of the church nor would it cause an
intensification of the church's roof. He noted that the church's current use permit
prohibit intensification of the building's use.
Commissioner Caldwell inquired whether the new roof would alter the view of any
residents.
Planner Walgren indicated that, in staffs opinion no views would be altered.
Chairperson Caldwell opened the public hearing at 9:27 p.m.
Jerry Carter, 19848 Prospect Road, Pastor of Grace United Methodist Church, spoke in
favor of the application. He explained that the roof proposed is for the administrative
building and will be lower than other roofs on existing buildings which are on the same
site. He also stated that the height of the proposed roof was not intended to create
more space or intensify the use, but only to house the air handling equipment under.
Harold Campbell, 15149 Luis Street, Poway, Project General Contractor, spoke in favor
of the application and explained that structural constraints and the weight load was the
determining factor for the roof height. He also answered questions from the
Commission regarding the project.
James Poole, 19861 Viewridge Drive, stated that the neighbors had not seen the plans
and requested that the Commission allow time for the interested neighbors to study the
plans.
Chairperson Caldwell temporarily suspended the public hearing on the item in order to
allow the applicant to present and explain the project to the neighbors also to allow the
neighbors to view the plans.
Planning Commission Mies ~ •
Meeting of October 28, 1992
Page 9
The Commissioner moved on to the Item #5.
5. A-647.2 - Azule Crossing; 12378 Saratoga-Sunnyvale Rd., request to amend
the conditions of an existing sign program in order to allow
additional sign area for an individual tenant per Chapter 15 of the
City Code. The program will only affect the "DeTour Building"
which is one of the four (4) buildings on the site. The parcel size
is approximately 2.6 acres and it is located within the C-N zone
district.
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Planner Walgren presented the Report dated October 28, 1992.
Chairperson Caldwell opened the public hearing at 9:42 p.m.
Warren Hyde, project architect, spoke in favor of the application and indicated his
availability to questions regarding the application.
MORAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 9:43 P.M. PASSED 5-
0.
MORAN/ MURAKAMI MOVED TO APPROVE A-647.2. PASSED 5-0.
7. AZO-92-005 - An ordinance of the City.of Saratoga amending Section 15-30.160
(b) of the Code of the City of Saratoga, relating to time limit for
erection and removal of temporary political signs (cont. from
10/14/92 public hearing due to the late hour).
Planning Director Curtis presented the Report dated October 20, 1992, to the
Commission and answered questions regarding the zoning ordinance amendment.
At 9:45 p.m., Chairperson Caldwell opened the public hearing.
There was no one wishing to speak.
FORBES/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M. PASSED
5-0.
FORBES/ASFOUR MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF
THE PRESENTED AMENDMENTS TO SECTION 15-30.160(b). PASSED 5-0.
Planning Commission M s •
Meeting of October 28, 1 92
Page 10
At this time, the public hearing on Item #4 DR-92-031 was resumed.
Dave Roznar, 19831 Viewridge Drive, stated. that the application was acceptable to him,
but expressed concern for the lack of landscaping on the site. He suggested that the
applicant be required to install additional landscaping.
Suejatha Bodapati, 19900 Sara Glen Court, explained that she resides behind the church
and that her swimming pool is located very close to the property line and was therefore
concerned with height of the roof and it's impact on her property and privacy. She
supported the exploration of other roof designs.
Bill Rothwein, 6645 Prospect Road, San Jose, expressed concern regarding losing the
existing view from his property.
Mr. Ford, 19950 Viewridge Drive, objected to the extra 6 feet in height, as proposed,
and expressed support for placing a 18-foot height limit on the building.
Ellen Roznar, 19831 Viewridge Drive, spoke in favor of requiring additional landscaping
and implementing strict landscape requirements and maintenance plan.
James Poole, 19861 Viewridge Drive, expressed support for a requirement of additional
landscaping and a height limitation of 24 feet.
Jerry Carter, representing Grace United Methodist Church, 19848 Prospect Avenue,
explained that the church had worked with the City in previous year and had installed
new irrigation and landscaping.
Harold Campbell, Project General Contractor, spoke in favor of the proposal. He stated
that the roof could possibly be lowered to 22 feet in height.
MORAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 10:00 P.M. PASSED
5-0.
Commissioner Asfour inquired as to whether Staff had reviewed any other roofing
options.
Planner Walgren explained that the application as presented was found to be acceptable
to Staff and therefore no other options had been reviewed.
Commissioner Murakami concurred with comments regarding the need for additional
landscaping on the site.
Planning Commission M~s ,
Meeting of October 28, 1992
Page 11
CALDWELL,/FORBES MOVED TO APPROVE DR-92-031 WITH THE FOLLOWING
AMENDMENTS:
• THE HEIGHT NOT EXCEED 22 FEET
• THE ADDITIONAL ATTIC SPACE IS NOT TO BE USED AS
USABLE/HABTTABLE SPACE.
• PRIOR TO ZONE CLEARANCE, A LANDSCAPE PLAN, IRRIGATION
PLAN AND MAINTENANCE AGREEMENT SHALL BE SUBMITTED
AND APPROVED BY THE PLANNING DIRECTOR PRIOR TO
ACCEPTANCE OF THE LANDSCAPE PLAN THE PLANNING
DIRECTOR SHALL REVIEW THE PLAN WITH THE NEIGHBORS
WHO HAVE EXPRESSED CONCERN (VIA IN PERSON OR BY
CORRESPONDENCE) REGARDING THE LANDSCAPING. THE
LANDSCAPE PLAN IS TO SPECIFICALLY ADDRESSED THE
CONCERNS EXPRESSED BY THE NEIGHBOR AT 19900
SARAGLEN DRIVE AND ALSO THE WEST AND SOUTH PROPERTY
LINES.
• PRIOR TO ZONE CLEARANCE THE APPROVED LANDSCAPE PLAN
SHALL BE INSTALLED.
THE MOTION PASSED 5-0.
DIRECTOR'S ITEMS
1. Review of Warner Hutton House landscape plans.
Larry Perlin, City Engineer, presented the Report dated October 22, 1992 to the
Planning Commission. He also answered questions from the Commissioners regarding
the choice of landscaping and walkway material, irrigation, preservation of existing
oaks, provisions for bicycle parking, safety concerns regarding the ingress/egress on
Fruitvale Avenue, potential traffic problems, and the landscape maintenance plan.
Following discussion on the item noted above, the Commission indicated that the plan
was acceptable.
Chairperson Caldwell recommended the consideration of other options in order to
mitigate traffic stopping in front of the Warner Hutton House and the use of the
circular driveway.
Commissioner Moran stated that she was somewhat concerned with the high level of
maintenance that may be required for the proposed landscaping.
~~~*
'Planning Commission M s
Meetin of October 28 1 92
g
Page 12
Planning Director Curtis noted the following changes in the dates of various Planning
Commission meetings and worksessions as follows:
November 3, 1992 -Planning Commission Worksession
November 10, 1992 (Tuesday) -Regular Planning Commission Meeting
November 24, 1992 (Tuesday) - • Regular Planning Commission Meeting
December 8, 1992 (Tuesday) 6:00 - 8:00 p.m. Joint Study Session with the City
Council
December 9, 1992 (Wednesday) Regular Planning Commission Meeting.
He also noted the December 11, 1992, Planning Commission Holiday Party.
COMMISSION ITEMS
None
COMMUNICATIONS
Chairperson Caldwell noted the construction activity notice for the old Paul Mason
Winery site.
Chairperson Caldwell also noted receipt of a letter from Robert Swanson regarding Lot
16 of the San Marcos Heights Subdivision.
Planning Director Curtis stated that the letter would be filed so that when design
review is scheduled, Mr. Swanson will be notified.
Written
1. City Council Minutes
2. Public hearing notices
Commission meeting.
Oral
City Council
10/6 and 10/7/92
of upcoming items for the November 10, 1992 Planning
ADJOURNMENT
At 10:35 p.m., Chairperson Caldwell adjourned the meeting to 7:30 p.m. on November
3, 1992, in the Senior Day Care Center, 19655 Allendale Ave., Saratoga, CA.
Andrea M. Chelemengos
Minutes Clerk