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HomeMy WebLinkAbout01-13-1993 Planning Commission minutes~• .~ r CITY ~SARATOGA PLANNING COMMIB~ MINUTES January 13, 1993 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting ----------------------------------------------------------------- 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). ------------------------------------------------------------ '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). ------------------------------------------------------------ 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). ------------------------------------------------------------ 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). ------------------------------------------------------------ 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. ------------------------------------------------------------ 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. ------------------------------------------------------------ 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. ------------------------------------------------------------ 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