HomeMy WebLinkAbout01-13-1993 Planning Commission minutes~•
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CITY ~SARATOGA PLANNING COMMIB~
MINUTES
January 13, 1993 - 7:30 p.m.
City Council Chambers, 13777 Fruitvale Ave.
Regular Meeting
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The meeting was called to order at 7:33 p.m. by Chairperson
Caldwell.
ROLL CALL
Present: Chairperson Caldwell, Commissioners Bogosian, Forbes,
Favero, Murakami, and Moran
Absent: Commissioner Asfour
PLEDGE OF ALLEGIANCE
MINUTES
Minutes of December 9, 1992.
Chairperson Caldwell had the following corrections:
Page 6, 3rd paragraph, the word "possibility" should be
corrected to "possibly".
Page 8, 7th paragraph (middle of the page), the word
"prominent" should be replaced with the word "within".
MORAN/FORBES MOVED APPROVAL OF THE MINUTES OF DECEMBER 9, 1992,
AS CORRECTED (ABOVE). PASSED 4-0 (COMMISSIONERS FAVERO AND
BOGOSIAN ABSTAINED).
ORAL COMMUNICATIONS
Tom Reddick, Larchmont Avenue, inquired why the City Council
allowed the public 3 minutes to speak and the Planning Commission
allowed only 2 minutes. He reported an incident of a neighbor
dumping oil and cement down a storm drain. He explained that the
City then closed the storm drain and, as a result, drainage backs
up and floods parts of the street. He requested that the City
reopen the storm drain. He also reported a drainage problem at
Quito Market. He explained that water gathers in front of the
postoffice and Kelly's Market and requested a storm drain be
opened to correct this problem. He noted that he had made these
requests at a City Council meeting, but the problem had not yet
been corrected.
He expressed his discontentment with the lack of action on the
part of the City Council and asked for the Planning Commission's
assistance with getting the problems resolved.
Chairperson Caldwell allowed Mr. Reddick 3 minutes to speak.
. Planning Commission ~utes
Meeting of January 13, 1993
Page 2
Commissioner Favero stated that the concerns noted by Mr. Reddick
are important. Commissioner Favero stated that the lack of
action from the City Council, as reported by Mr. Reddick, is not
surprising because Commissioner Favero had heard several
complaints of the same nature from other Saratoga citizens.
Commissioner Favero noted that the new City Council had reduced
the amount of time for citizens to speak. He urged the Planning
Commission to allow citizens to come forward and state all their
concerns. He explained that this may be the only single form
left in the community for people to speak out.
Commissioner Moran stated that she had no problem with changing
the 2 minute time allowance to 3 minutes. She asked Mr. Reddick
to clarify exactly what he wanted the Planning Commission to do
with regard to the drainage problem at Quito Market.
Mr. Reddick stated he would like to see Quito Market hooked up to
the City drainage system. He also inquired about the 24 hour
operation of the Nautilus business at Quito Market.
Chairperson Caldwell stated that she planned to bring up the
issue of the "24 Hour Nautilus" later in the evening under
"Commission Items".
Mrs. Giberson, 15561 Glen Una Drive, expressed concern regarding
a recently distributed memo which discussed the definition of
commercial construction. She stated her opposition for allowing
commercial construction to take place 7 days a week in
residential areas.
The Commission acknowledged the need to review the issue and
expressed support for promptly scheduling a worksession on this
issue.
Following a brief discussion, there was consensus to schedule the
issue on the March 2, 1993 (7:30 p.m) worksession.
Commissioner Forbes stated that he would like to be sent a notice
of this worksession. Chairperson Caldwell acknowledged his
request.
Planning Commission ~utes
Meeting of January 13, 1993
Page 3
Mr. Reddick, expressed his concern regarding the amount of time
it will take to make Hakoni Gardens handicap accessible. He
stated that Hakoni Gardens should be accessible to all people and
that action to be taken as quickly as possible to see that the
garden is accessible to all people. He stated that the time line
of 3 years is too long to wait for handicap accessibility.
Chairperson Caldwell noted that the Planning Commission had never
been consulted with regard to the planning of Hakoni Gardens, but
that Mr. Reddick's concern would be forwarded to the Parks and
Recreation Commission.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting
was properly posted on January 8, 1993.
TECHNICAL CORRECTIONS TO PACKET
Planner Walgren noted the following technical corrections to the
packet:
Item #2, Page 10, 2nd condition, the words "member of" in
the 3rd line should be deleted.
Item #7, page 89, 2nd column under the heading "Setbacks"
Right Side Setback should be 10 feet instead of 20 feet.
PUBLIC HEARING CONSENT CALENDAR
Commissioner Forbes removed Item #1, UP-92-016 - Midglen Studio,
12019 Saratoga-Sunnyvale Rd., from the Public Hearing Consent
Calendar for discussion.
1. UP-92-016 - Midglen Studio; 12019 Saratoga-Sunnyvale Rd.,
request for use permit approval to allow the
continued operation of an existing 1,040 sq.
ft. restaurant and to allow a 358 sq. ft.
expansion of the restaurant use into existing
vacant tenant space. The restaurant is
located in an existing 20,000 sq. ft.
commercial center within a C-V zone district.
Commissioner Forbes stated that he felt this item should be
subject to design review.
Commissioner Moran stated that her concern with the application
had to do with signage. She expressed her support for adding a
condition stating that no
additional signage be added. She also suggested a photograph of
the building be taken and made part of the permanent record so
,Planning Commission ~utes •
Meeting of January 13, 1993
Page 4
there would be something to refer back to in order to make sure
no exterior changes are made.
Planner Walgren presented the Report dated January 13, 1993, to
the Commission. He also answered questions with regard to the
project .
Commissioner Forbes stated that he felt the tenant should make
the City aware of the space's intended use and that the existing
restaurant should be required to obtain a use permit.
Planner Walgren and Planning Director Curtis explained that the
existing restaurant is classified as an existing permitted non-
conforming use and since it was already in existence its use was
grandfathered in. Therefore, only the use of the additional
space is required to obtain a use permit.
Commissioner Favero stated his preference to expedite the process
and grant approval of the use permit.
FAVERO MOVED TO APPROVE UP-92-016.
Commissioner Moran suggested a condition be added reflecting that
no additional square footage of signage be added to the facility.
This suggestion was accepted by Commissioner Favero and
incorporated into his motion.
THE MOTION WAS SECONDED BY COMMISSIONER BOGOSIAN AND PASSED 6-0.
PUBLIC HEARINGS **
2. DR-89-041.2 - Dividend Development Corporation; 13150
SD-89-006.2 - Saratoga Avenue, request for a second
one-year extension to an approved
development to construct a mixed-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 -
Planned Development (cont. from
10/14/92 public hearing in order to
allow the Planning Commission to assess
the progress of on-site building
demolition before making a decision on
the extension request; application
expires 1/29/93).
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'Planning Commission utes S
Meetin of Januar 11993
g Y
Page 5
Commissioner Favero explained that due to the close proximity of
his home to the subject site, it had been determined he was in
conflict of interest and he would be stepping down from the dias
for this item.
Planner Walgren presented the Report dated January 13, 1993.
The public hearing was opened at 8:08 p.m.
Tom Reddick, Larchmont Avenue, spoke in opposition to the
application. He questioned why the project should be allowed.
He stated that the site was not suitable for a senior housing
care facility. He expressed concern with the air quality at the
site due to its close proximity to Highway 85. He stated that
all the construction taking place in the City is destroying
Saratoga and to allow this project would only trigger more
changes in the community.
Dennis Favero, 19549 Vineyard Lane, recommended that the request
for a time extension be denied. He stated that the project is
unwanted by the community and that the nearby neighborhoods are
suffering because of the eyesore of the proposed development
site. He explained that the project is uneconomical, out of
character, violates the Code's health and safety and density
goals and is not in the best interests of the community.
Tom Reddick, Larchmont Avenue, reported death-resulting injury
occurrences on the property.
Dick Oliver, representing applicant, Dividend Development
Corporation, spoke in support of the application. He stated the
corporation had never been notified of death-resulting injuries
sustain on the site. He explained that the developer of the site
had tried to work with the City and the community with regard to
the proposed project. He also answered questions from the
Commission with regard to the application and the demolition
schedule.
Joe Oncay, Building Codes Administration, in response to
Commissioner Bogosian's question as to why the turret had not yet
been removed, explained that the remaining portion of the
building is structurally sound, therefore posing no safety
hazards, but had not yet been removed because of the soil
conditions (mud) which currently exist. He stated that he felt
confident that the remaining portion would be removed as soon as
possible and the demolition and debris removal would be
completed on schedule.
Jim Turek, inquired whether the extension request was for a two-
story structure or a three-story structure.
Chairperson Caldwell explained that the extension request was for
the originally approved two-story structure.
'Planning Commission ~utes
Meeting of January 13, 1993
Page 6
MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M.
PASSED 6-0.
Chairperson Caldwell stated that she is troubled by the fact that
the project is no longer feasible, the applicant has made it
known that development will not commence, and that clear
direction has been given to the Planning Commission to prepare to
develop a specific plan for the site, but yet the exercise of
going through various City procedures continues. She stated that
she thought the exercise of the continuous City hearings and etc.
are only to appease the bank.
Planning Director Curtis explained that regardless of the facts
stated by Chairperson Caldwell, the applicant has the right to
request a time extension.
Commissioner Forbes expressed his support, with regard to Page 10
Condition #2, for the addition of language reflecting that if the
site demolition, material grinding or removal of stock piled
material is not proceeding according to schedule and/or relevant
Building Codes the time extension approval may be reconsidered.
Commissioner Moran inquired whether the development of the
townhomes (the northern development) could be pursued without
first constructing the senior care facility (southern
development).
Planning Director Curtis explained there would be a financial
penalty for developing the townhomes first because~of the
conditions of approval. He noted that the applicant could apply
to the City and go through the proper processes to change the
"phasing" of the project.
Commissioner Moran inquired as to what power is given to the
Planning Commission by the word "reconsider" as it is used in
Condition #2.
City Attorney Riback explained that Condition #2 would give the
Planning Commission the right to approve, conditionally approve,
or deny the proposal.
Chairperson Caldwell stated she was uncomfortable with granting
an extension. She inquired what, with regard to health and
safety concerns, would trigger the Planning Commission to call up
the application. She expressed support for prompt removal of
debris from the site.
Commissioner Moran stated that with regard to the monitoring of
the site for potential health and safety issues, she's inclined
to rely on the judgement and recommendations of the Building
Codes Administrator.
'Planning Commission ~nutes i
Meeting of January 13, 1993
Page 7
Commissioner Bogosian concurred with the comments made by
Commissioner Moran.
There was discussion regarding the demolition/debris removal
schedule, noise impacts and instances that would warrant reason
for the Planning Commission to call up the extension approval for
reconsideration.
Commissioner Bogosian brought up the issue of the Administrative
Order.
Joe Oncay, Building Codes Administrator, explained that the
nuisances on the property, as cited in the Administrative Order,
had now been removed. He explained that since the nuisance
conditions no longer existed, the service of the security guard
could be discontinued.
Chairperson Caldwell expressed her support for implementing a
condition requiring continued posting of security while the
demolition process is ongoing and while rubble exists on the
site.
MORAN/BOGOSIAN MOVED TO APPROVE DR-89-041.2 AND SD-89-006.2 WITH
THE WORDING ~~THIS EXTENSION MAY BE WITHDRAWN AS A RESULT OF THE
RECONSIDERATION~~ ADDED TO THE END OF CONDITION #2.
Commissioner Moran requested that staff provide the Planning
Commission with monthly status reports, a monthly recommendation
as to whether the Commission should invoke any of the conditions,
and a monthly assessment of the site with regard to nuisances.
THE MOTION WA3 SECONDED BY COMMISSIONER BOGOSIAN AND PASSED 5-1
(CALDWELL OPPOSED).
Chairperson Caldwell stated that she could not support the
extension request because of the discontinuance of the security
guard on the site and the continuous charade of going through
City processes for time extensions when it is clear the project
will not be pursued.
The meeting was recessed at 8:48 p.m. and reconvened at 9:02 p.m.
Commissioner Favero re-joined his fellow Commissioner at the
dias.
3. SD-88-005.4 - DiManto; Peach Hill Rd. & Madrone Hill Rd.,
request for a third and final one-year
extension to an approved Tentative Map
pursuant to Chapter 14 of the City Code. The
approved subdivision created five single-
family residential lots ranging in size from
approximately 3 acres to 6.3 acres. The 23
acre hillside property to be divided is
Planning Commission utes
Meeting of January 1`, 1993
Page 8
partially developed with a former estate and
is located within both the Hillside
Residential (HR) and R-1-40,000 zone
districts (cont. from 12/9/92 to receive Fire
District input; application expires 4/20/93).
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Planner Walgren presented the Report dated January 13, 1993 to
the Planning Commission. He also answered questions with regard
to the application and the memo from the Fire Department.
Commissioner Forbes stated he did not see any reason given in the
memo from the Fire Department not to maintain the existing dirt
road for pedestrian access.
The public hearing was opened at 9:08 p.m.
Bill Heiss, project civil engineer, spoke in favor of the
application. He spoke in support of the comments made by the
Fire Chief in the memo attached with the staff report. He
explained that maintaining the road as a pedestrian access may
attract trespassers and would not be in the best interests of the
future residents of the subdivision. He also answered questions
from the Commission.
Commissioner Forbes stated that he would like to see the road
remain open and unblocked by fences or walls.
Mr. Heiss explained there are no plans to build a wall or a
fence, but there are also no plans to intentionally maintain the
road.
Commissioner Favero stated that there are no reasons not to
preserve the road as a pedestrian access. He stated his concern
for a lack of an additional escape in the event of a fire.
John DiManto, 1991 LeAnn Place, San Jose, applicant, spoke in
favor of the application. He spoke in opposition to a
requirement to maintain the road as a pedestrian path stating
that it would pose a health and safety hazard and would introduce
intruders to the area.
Roger, 1444 Magneson Loop, Los Gatos, Mr. Dimanto's partner on
the subject project, stated that preservation of the road would
not be of any benefit during a fire. He concurred with the
comments made in the memo from the Fire Chief.
MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 9:23 P.M.
MORAN/MURARAMI MOVED TO APPROVE 88-005.4
Commissioner Bogosian stated that he is a supporter of the trail
system, but does not believe this is the proper place to require
that the road be maintained as a pedestrian access. He stated
Planning Commission ~i-iutes
Meeting of January 13, 1993
Page 9
that he could not find any health or safety issues on which to
base such a condition.
Commissioner Favero stated that he would not be supporting an
approval on the application based on his previously stated safety
concerns.
THE MOTION PASSED 5-1 (FAVERO OPPOSED).
4. DR-92-033 - Farsio; 14930 Vintner Ct., request for design
review approval to construct a 1,735 sq. ft.
guest house detached from an existing 4,768
sq. ft. single-family residence per Chapter
15 of the City Code. The parcel is 3.45
acres and is located within the NHR zone
district (cont. from 11/24/92 in order for
the applicant to revise the plans per
Commission direction; application expires on
5/5/93).
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Planner Walgren presented the Report dated January 13, 1993, and
answered questions from the Planning Commission with regard to
the application.
The public hearing was opened at 9:29 p.m.
Ali Farsio, 14930 Vinter Court, applicant, spoke in favor of the
application and stated that he had done as much as possible to
comply with the wishes of the Planning Commission and the City
regulations. He noted the absence of a second living unit. size
restriction in the Code.
FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:35 P.M.
PASSED 6-0.
Commissioner Forbes inquired why the application had been brought
before the Planning Commission when the applicant had not
followed the direction given at the November 24, 1992, meeting to
reduce the size of the proposed structure to 1,400 square feet.
Commissioner Moran noted a discrepancy in the plans with regard
to the porch --.one set of plans depicts the porch as being
roofed and another set represented the
porch not as unroofed. She stated that she was uncomfortable
with supporting an approval of the application with such
discrepancies in the plans.
Commissioner Favero stated that he could support approval of the
application.
Planning Commission~nutes •
Meeting of January 13, 1993
Page 10
Commissioner Bogosian stated that he would like the structure to
be reduced to 1,400 square feet and see the plans before signing
off on the design.
Planning Director Curtis explained that the Commission could
approve the application per recommendations in the staff report,
and require the plans of the reduced structure be brought back
before the Planning Commission under Director's Items.
Commissioners Forbes and Moran expressed support to deny the
application so the applicant could start from scratch to design a
1,400 square foot structure and a new public hearing could be
held.
Commissioner Favero favored approving the application and
handling the downsizing of the structure administratively.
FORBES/MORAN MOVED TO RE-OPEN THE PUBLIC HEARING AT 9:43 P.M. TO
ALLOW THE APPLICANT TO SPEAR. PASSED 6-0.
Mr. Farsio, applicant, stated that there was no reason to deny
the application because there is no size restriction specified in
the Code.
FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M.
PASSED 6-0.
Chairperson Caldwell expressed her support for approval of the
application as recommended in the staff report.
FAVERO/MURARAMI MOVED TO APPROVE 92-033 PER THE STAFF REPORT.
THE MOTION FAILED 3-3. (MORAN, BOGOSIAN AND FORBES OPPOSED).
MORAN/BOGOSIAN MOVED TO CONTINUE THE APPLICATION TO THE FEBRUARY
10, 1993, PUBLIC HEARING IN ORDER TO ALLOW THE APPLICANT TIME TO
REDUCE THE SIZE OF THE STRUCTURE TO 1,400 SQUARE FEET.
Commissioner Bogosian reiterated his support for reviewing the
plans of the 1,400-square-foot structure before approving the
design.
Commissioner Forbes commented that by passing this motion the
Commission would be reiterating the direction given at the
November 24th public hearing.
Planning Director Curtis noted that down sizing the structure
would not significantly change the design.
THE MOTION PASSED 4-2 (FAVERO AND FORBES OPPOSED).
Mr. Farsio, applicant, stated his preference for a decision to
either approve or deny the application (opposed to continuing the
'Planning Commission~~nutes •
Meeting of January 13, 1993
Page 11
application to a later date) so he would not have to come back
before the Planning Commission.
FORBES/BOGOSIAN MOVED TO RECONSIDER THE LAST MOTION. PASSED 6-0.
Commissioner Moran expressed her preference to review the plans
once the structure is reduced, but stated she would be willing to
support approval of the application per the original staff
recommendations.
COMMISSIONER FORBES MOVED TO DENY 92-033. THE MOTION DIED FOR
LACK OF A SECOND.
FAVERO/MORAN MOVED TO APPROVE 92-033 PER RECOMMENDATIONS IN THE
STAFF REPORT. PASSED 5-1 (FORBES OPPOSED).
Commissioner Favero excused himself from the meeting at 9:55 p.m.
5. SD-92-004 - Glennon; 13091 Pierce Rd.; request for
tentative map approval to subdivide a 3 acre
parcel into two (2) separate parcels of 1.92
and 1.08 acres within an R-1-40,000 zone
district, per Chapter 14 of the City Code.
This minor land division is categorically
exempt from further environmental review
under the CEQA guidelines (cont. from
10/28/92 at the request of the applicant in
order to submit a revised map; application
expires on 4/8/93).
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Planner Walgren presented the Report dated January 13, 1993.
The public hearing was opened at 9:58 p.m.
William Glennon, applicant, spoke in favor of the application and
answered questions from the Commission with regard to the
project.
MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:02 P.M.
PASSED 5-0.
FORBES/MORAN MOVED TO APPROVE SD-92-004. PASSED 5-0.
Planning Commission~nutes •
Meeting of January 13, 1993
Page 12
6. DR-92-039 - Ajluni; 13850 Ravenwood Dr., request for
design review approval to construct a new,
one-story 3,499 sq. ft. single family
residence pursuant to Chapter 15 of the City
Code. The subject property is 19,279 sq. ft.
in area and is located within an R-1-10,000
zone district.
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7. DR-92-040 - Sandoval; 13810 Ravenwood Dr., request for
design review approval to construct a new,
one-story 3,495 sq. ft. single family
residence pursuant to Chapter 15 of the City
Code. The subject property is 20,004 sq. ft.
in area and is located within an R-1-10,000
zone district.
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Items 6 and 7 were heard and reviewed together. Chairperson
Caldwell explained that due to the close proximity of her
residence to the two applications, she had been advised to step
down from the dias due to conflict of interest. Vice Chair
Bogosian ran the meeting in Chairperson Caldwell's absence.
Planner Walgren presented the Report dated January 13, 1993 and
answered questions with regard to the applications.
Commissioner Forbes noted receipt of a letter from Joel A.
Sharon.
The public hearing was opened at 10:10 p.m.
Mr. Pruit, 6591 Pollard Drive, San Jose, project architect, spoke
in favor of the applications and stated that the applicants are
willing to work with staff to meet the recommendations outlined
in the staff report.
Mr. Ajluni, applicant, spoke in favor of the applications.
A materials/color board was given to~the Commission for their
review.
Ted Sandoval, applicant, spoke in support of the applications and
explained that he and Mr. Ajluni are in agreement with the
arrangements made regarding the boundary fences.
Jennifer Crotty, 13861 Raven Court, Parks and Recreation
Commissioner, spoke in support of the applications and stated
that the City had already agreed to cover half the cost of the
fence that borders the park and the private property.
MORAN/MURARAMI MOVED TO CLOSE THE PUBLIC HEARING AT 10:15 P.M.
PASSED 4-0.
Planning Commission~nutes •
Meeting of January 13, 1993
Page 13
The project architect indicated his desire to address the
Commission.
MORAN/FORBES MOVED TO RE-OPEN THE PUBLIC HEARING AT 10:15 P.M.
PASSED 4-0.
Mr. Pruit, project architect, explained that since the
applications were filed, the applicants have indicated their
desire to increase the amount of impervious coverage in order to
allow for 22-foot-wide driveways. The additional amount of
impervious coverage desired on Parcel 1 is 116 square feet and on
Parcel 2, 208 square feet of additional impervious coverage is
desired.
Planner Walgren indicated that both the proposed projects are
beneath the impervious coverage limit, but a condition of the
tentative map approval limited the driveway widths of these
parcels to 18 feet.
City Attorney Riback explained that the applicants would need to
apply and receive approval for a modification to the conditions
of approval of the tentative map in order to construct driveways
wider than 18 feet.
Planning Director Curtis explained that the Commission could
approve the design including the wider driveway request with the
provision that in order to construct the 22-foot-wide driveways,
the applicants would have to receive (as City Attorney Riback
explained) an approval for modification to the tentative map
conditions.
Resident, 13831 Ravenwood, asked how the proposed wider driveways
(22-feet) would effect the landscaping, the existing driveway to
the south and the overall aesthetics.
The applicants indicated that the driveways would only be widened
to match the width of the garage therefore leaving a strip of
landscaping and not significantly effecting the overall look of
the area.
MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:15 P.M.
PA33ED 4-0.
MORAN/FORBES MOVED TO APPROVE DR-92-039 WITH THE PROVISION THAT
THE FENCING (TO BE INSTALLED PRIOR TO FINAL OCCUPANCY) BE
INCLUDED IN CONDITION #10 AND THAT THE DRIVEWAY MAY BE WIDENED TO
22 FEET UPON APPROVAL OF AN APPLICATION REQUESTING MODIFICATION
OF THE RELATIVE TENTATIVE MAP CONDITION. PASSED 4-0.
MORAN/FORGES MOVED TO APPROVE DR-92-040 WITH THE PROVISION THAT
THE FENCING (TO BE INSTALLED PRIOR TO FINAL OCCUPANCY) BE
Planning Commission~.nutes
Meeting of January 13, 1993
Page 14
INCLUDED IN CONDITION #10 AND THAT THE DRIVEWAY MAY BE WIDENED TO
22 FEET UPON APPROVAL OF AN APPLICATION REQUESTING MODIFICATION
OF THE RELATIVE TENTATIVE MAP CONDITION. PASSED 4-0.
Chairperson Caldwell re-joined the Commission at the dias.
Commissioner Murakami excused himself from the meeting at 10:24
p.m
8. UP-92-012 - Rato/GTE Mobilnet; 1777 Saratoga Ave.,
request for use permit approval to increase
the height of an existing cellular
transmission tower from 45 feet to 60 feet
per Chapter 15 of the City Code. The parcel
is approximately 10,800 sq. ft. and is
located within a Professional-Administrative
Office (P-A) zone district.
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Planner Walgren presented the Report dated January 13, 1993 and
answered questions from the Commission.
The public hearing was opened at 10:25 p.m.
Richard Craig, representing the applicant, Mobilnet, spoke in
favor of the application and answered questions regarding the
project.
Tom Reddick, Larchmont Avenue, spoke in opposition to the
application. He expressed concern regarding the height of the
structure.
Baek Han, Project Construction Supervisor, spoke in support of
the application stating that the structure would not be visible
from any major streets or the surrounding residential streets.
He also answered questions from the Commission.
Richard Craig, applicant, addressed Mr. Reddick's concerns
regarding the height by stating that the structure would not
adversely impact the community. He stated that the tower would
serve the public particularly during natural disasters such as
earthquakes.
Tom Reddick, Larchmont Avenue, reiterated his concern regarding
the height and noted that cellular communications were not
operable during the earthquake of 1989.
MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:40 P.M.
PASSED 4-0.
MORAN MOVED TO APPROVE UP-92-012 WITH THE CONDITION THAT THE
TOWER BE PAINTED A DARKER COLOR.
. Planning Commission~nutes
Meeting of January 13, 1993
Page 15
Commissioner Bogosian expressed his concern with the proposed
height and stated that he could not support the application
NOTING THAT THERE WAS NO SECOND TO THE MOTION, COMMISSIONER MORAN
WITHDREW HER MOTION.
FOLLOWING DISCUSSION, BOGOSIAN/FORBES MOVED TO DENY UP-92-012
BASED ON THE FOLLOWING:
• INABILITY TO MARE THE FINDINGS TO JUSTIFY APPROVAL
OF THE PROPOSED HEIGHT
• THE PROPOSED STRUCTURE WOULD BE INCOMPATIBLE WITH
THE SURROUNDING PROPERTIES
• THE ADDITIONAL 15 FEET IN HEIGHT AND THE
DIFFERENCE IN HEIGHT IN COMPARISON TO THE HEIGHT
OF THE NEARBY BILLBOARD WOULD BE A SIGNIFICANT
VISUAL IMPAIRMENT AND IMPACT TO SURROUNDING
PROPERTIES.
Commissioner Bogosian stated his opposition to "writing-off" any
section of Saratoga and thus allowing something that would not
normally be allowed in any other section of Saratoga.
Chairperson Caldwell concurred with Commissioner Bogosian's
comments.
THE MOTION PASSED 3-1 (MORAN OPPOSED).
DIRECTOR'S ITEMS
Planning Director. Curtis noted the letter distributed to the
Planning Commission from Mayor Anderson with regard to the Policy
Development Process and stated that this issue would be discussed
at the January 27, 1993, meeting under Director's Items.
Planning Director Curtis gave a status report on the access issue
brought up during the zone change application of Dr. Head's
office.
Planning Director Curtis noted, due to the dates set for the
Planning Commissioner's Institute, the Planning Commission
meeting scheduled for March 10, 1993, may need to be rescheduled.
Lastly, Planning Director Curtis stated that he had copies of the
memo regarding the definition of residential commercial
construction that was passed out at the last worksession and
copies of the Planning Commission Work schedule in case any of
the Commissioners did not get copies.
COMMISSION ITEMS
There was discussion and consensus to increase the time allowance
for speakers (under the Oral Communications section of the
agenda) to 3 minutes.
.-
Planning Commission Minutes
Meeting of January 13, 1993
Page 16
Discussion commenced regarding the operation of the "24-Hour
Nautilus" at Quito Market. Chairperson Caldwell noted that she
had received reports from citizens that construction was on-going
at the site during all hours of the day. Planning Director
Curtis explained that the City does not prohibit 24-hour
operation of this type of business. He stated that there is no
construction going on at this time, but that the business is in
the process of moving their equipment into the building. There.
was discussion on the feasibility of implementing an emergency
moratorium in order to stop any other similar business from
opening up and operating 24-hours a day. Planning Director
Curtis indicated that the City Council will be reviewing this
issue on February 3, 1993.
There was also discussion regarding the construction of a sound
wall along the Quito Market property. Planner Walgren indicated
that there was not a condition requiring a sound wall, but
through various meetings and discussions with the property
manager, he (the property manager) had agreed to construct the
soundwall. Planner Walgren reported that the property manager
had indicated that plans for this wall would be submitted for
review by the end of February and construction would commence
soon thereafter.
Tom Reddick, Larchmont Avenue, spoke in opposition to the 24-hour
operation of the Nautilus business at Quito Market.
In response to Chairperson Caldwell's inquiry as to the action
the City Council is taking on the Quito Market drainage issue
brought up earlier in the evening, Planning Director Curtis
stated he would contact the City Manager via memo expressing the
Commission's concerns and requesting information on the Council's
action.
Commissioner Forbes inquired about the status of an in-lieu fee
program for replacement trees which had been discussed at
previous Planning Commission meetings.
Planning Director Curtis stated that this issue would be placed
on the March 2, 1993, worksession agenda.
Planner Walgren presented a modification to the Marshall project
on Hill Street. The modification request was for permission for
an additional 61 square feet to be added to the previously
approved artist studio. Planner Walgren answered questions
regarding the project. The Commission indicated acceptance of
the proposed modification.
1 .' ' _
Planning Commission Minutes
Meeting of January 13, 1993
Page 17
COMMUNICATIONS
Written
1. City Council minutes - 12/2, 12/8 and 12/16/92
2. Public hearing notices of upcoming items on the 1/27/93
Planning Commission meeting.
Oral
City Council
ADJOURNMENT
The meeting was adjourned at 11:20 p.m. to 7:30 p.m. on January
27, 1993, in the Civic Theater, 13777 Fruitvale Ave., Saratoga,
CA.
Andrea M. Chelemengos
Minutes Clerk