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HomeMy WebLinkAbout01-26-2005 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, January 26, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Rodgers, Uhl and Zutshi Absent: Commissioner Schallop Staff: Associate Planner John Livingstone PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of January 26, 2005. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission minutes of the regular meeting of January 12, 2005, were adopted with corrections to pages 3, 4, 6, 12, 14, 15 and 17. (5-0-1-1; Commissioner Schallop was absent and Commissioner Zutshi abstained) ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Associate Planner John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 20, 2005. REPORT OF APPEAL RIGHTS Associate Planner John Livingstone announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, ten (10) days for Conditional Use Permits, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. Saratoga Planning Commission Minutes of January 26, 2005 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #04-032 (389-12-019) SIERRA, “The Reading Clinic,” 18820 Cox Avenue: Request for Conditional Use Permit to allow an educational facility in an existing tenant space in the Quito Shopping Center. The proposed use will tutor individuals in reading, writing and math. The site is located in a Commercial Zoning District. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow an educational facility within an existing 1,320 square foot space at the Quito Shopping Center. • Reported that a reading clinic was established at this site in November 2003, when the business renewed a business license from a previous location. Staff subsequently realized that no Conditional Use Permit had been obtained for this location. • Stated that the parking requirement for retail is one parking space per 200 square feet of tenant space. Six spaces are required under that formula. For educational uses, the parking requirement is one space per staff member. The applicant proposes a maximum of six staff so the parking previously required also meets the requirement for this use. • Informed that the proposed operational hours are from 8 a.m. to 7 p.m., Mondays through Fridays, and from 8 a.m. to 5 p.m. on Saturdays and Sundays. Since the space is located within a shopping center, these hours are allowed. • Said that no negative correspondence has been received and that findings can be made in the affirmative to support this request. • Recommended approval of a Conditional Use Permit. Commissioner Hunter asked if there are any concerns by either the shopping center and/or the City over the loss of tax revenues from this space since it was previously occupied by retail use (sales of antiques and clothing). Associate Planner John Livingstone said that having an active tenant is a positive thing for the shopping center. Additionally, the parents who drop of their children at this reading clinic will likely shop at the center during the hour that a child is receiving tutoring. This use will generate more traffic for the other tenants at this shopping center. Commissioner Rodgers sought clarification that this center does not fall under the same Ordinance requirements as Big Basin Way regarding conversion of retail space into service space. Associate Planner John Livingstone replied correct. Chair Garakani pointed out that there appears to be eight tutoring stations and therefore the potential for eight staff while the parking available for this business is limited to six. Commissioner Uhl asked why operational hours are not listed within the Conditions of Approval. Associate Planner John Livingstone replied that this business is situated within a shopping center with long hours of operation with varying peak demand times for the various businesses there. However, the Saratoga Planning Commission Minutes of January 26, 2005 Page 3 Commission could elect to establish specific hours of operation as a Condition of Approval for this Conditional Use Permit. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Ms. Deborah Winter, Applicant, The Reading Clinic, 18820 Cox Avenue, Saratoga: • Said she was available to field any questions. Chair Garakani asked about the potential for eight staff with the eight tutoring stations. Ms. Deborah Winter: • Advised that students are not always picked up immediately following their tutoring session. They have set up two extra study workstations for these students until their rides arrive. • Assured the Commission that there would only be six tutors in total. Commissioner Uhl asked Ms. Deborah Winter if she would have any issues should specific hours of operation be detailed in the Conditional Use Permit. He proposed extending the hours as proposed by the applicant to 8 a.m. to 9 p.m., Mondays through Fridays, and from 8 a.m. to 5 p.m. on Saturdays and Sundays. Ms. Deborah Winter advised that their clients drive their hours. During the summer, mornings are their peak times. During the fall, winter and spring, the evening hours are the peak times. Commissioner Nagpal asked if the 8 a.m. to 9 p.m. schedule is adequate for operations. Ms. Deborah Winter replied yes, that would be fine. She questioned whether they would be obliged to stay open that late. Commissioner Nagpal replied no but that these would represent the latest possible hours for operation. Commissioner Rodgers asked about operational hours for other locations for this business. Ms. Deborah Winter said that the other locations have similar hours. Commissioner Hunter asked if the applicant could compel their staff to park further away to leave closer parking available for customers. Ms. Deborah Winter said that this would be fine and pointed out that a lot of employers in the center ask that their employees leave the nearby parking open for customers. Ms. Cheriel Jensen, 13737 Quito Road, Saratoga: • Expressed her support for this application. • Pointed out that there is a 24-Hour Fitness facility in this center and that the hours for The Reading Clinic should not be restricted. • Suggested that the City consider waiving filing fees for this application, saying that there is no zoning district within the City that allows the establishment of a school without a Use Permit, making applicants jump through hoops. She added that the 24-Hour Fitness facility did not require a Use Permit. Saratoga Planning Commission Minutes of January 26, 2005 Page 4 • Stated that this process is a heavy burden and that education should be supported. • Said that this is a perfect location for a school. • Asked that the Commission send a message to Council not to burden these types of uses with these application fees. Commissioner Hunter asked Ms. Deborah Winter if the school is a for-profit or non-profit business. Ms. Deborah Winter replied that it is a for-profit business. It is a small woman-owned business for students that are struggling with reading. It is complimentary to the public school system. Commissioner Hunter asked Ms. Deborah Winter if the teachers are certificated. Ms. Deborah Winter replied that some are. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Nagpal: • Stated that this is a wonderful program and it would be nice to have it. • Said that it does not fall within the jurisdiction of the Commission to waive any fees. • Added that it might be worthwhile to discuss the types of uses that require Use Permits and that Ms. Jensen made a good point about the 24-Hour Fitness facility. • Advised that she takes her child to Cupertino for tutoring and it would be nice to have something available closer to home. Commissioner Hunter said that Council is the body to discuss any fee waiver. She stressed the importance to have staff for this business park in the center lot to leave nearby parking for patrons of the shopping center and reading clinic. Commissioner Zutshi reported that the 24-Hour Fitness facility actually closes some time between 11 p.m. and midnight. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the Planning Commission approved a Conditional Use Permit to allow an educational facility (The Reading Clinic) in an existing tenant space in the Quito Shopping Center located at 18820 Cox Avenue, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Uhl and Zutshi NOES: None ABSENT: Schallop ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #04-280 (386-14-028) FREITAS, “Primary Plus,” 18720 Bucknall Road: Request for a Conditional Use Permit and Design Review to allow an educational facility at the old school district site with the addition of two new 960 square foot classrooms, one of which has already been installed. The proposed use will provide early education and day care to infants, toddlers, preschool and Saratoga Planning Commission Minutes of January 26, 2005 Page 5 kindergarten ages and after school programs for children up to the age of 12 years old. The site is located in a Residential Zoning District. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit and Design Review Approval to allow the expansion of an educational facility located at the former Moreland School District Offices site, which was sold to Primary Plus in August 2002. Primary Plus has been in operation on this site since 2002. • Said that the expansion consists of two 960-square foot modular classroom buildings, one of which has already been installed. The buildings will be used to provide early education and daycare services. • Described the location as being residentially zoned. • Said that when the new portable was installed, Building staff issued a stop work order. The applicant was required to apply for both a Use Permit and Design Review Approval, which will establish conditions of approval for a school use. The Use Permit allows the Planning Commission to impose conditions and ensure compatibility with the adjacent uses. • Said that the maximum student count would be 397 and the maximum faculty would be 54. Fifty- four parking spaces are required and 68 are provided, exceeding the requirement by 14 spaces. • Stated that the hours of operation are from 6:30 a.m. to 6 p.m., Mondays through Fridays. The school is closed on Saturdays and Sundays. • Reported that one piece of correspondence was received in opposition to this expansion. That letter was included in the staff report. • Advised that findings for supporting the Design Review and Use Permit Approvals can be made in the affirmative. • Said that the modular buildings match the existing structures on site, blending in nicely with the school. • Recommended approval. Chair Garakani asked if the public noticing was distributed within 500 feet of this location. Associate Planner John Livingstone replied yes. He added that State Law requires noticing within 300 feet but it is the City of Saratoga’s policy to notice within 500 feet of a project site. Commissioner Nagpal asked where the limitations to 397 students and 54 staff came from. Associate Planner John Livingstone replied that these numbers are based on State licensing requirements. Commissioner Nagpal asked when the State licensing was issued for this site. Associate Planner John Livingstone said he did not know for sure. Commissioner Nagpal asked if the limits on staffing are within the Conditions. Associate Planner John Livingstone replied that the Conditions could be modified to add that number. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Saratoga Planning Commission Minutes of January 26, 2005 Page 6 Ms. Carol Freitas, Applicant, Primary Plus, 18720 Bucknall Road, Saratoga: • Said that she was available for any questions. Commissioner Nagpal asked Ms. Carol Freitas when the school was permitted for 397 students. Ms. Carol Freitas replied July 1985, when they moved into their previous location. She added that they have three separate licenses. One is for infant care, another for pre-school and the third for extended stay. Their total capacity is for 397 students. However, they cannot accommodate 397 students on this site even with these two additional modular units. Commissioner Nagpal asked Ms. Carol Freitas if the school would ever need more than 54 staff. Ms. Carol Freitas: • Replied no. If there were to be 397 students, then they would. However, since there is no room to accommodate 397 students on this site, they would not need more staff than the proposed maximum of 54. • Said that they can accommodate between 50 and 75 infants. They currently have 275 students and anticipate growth to approximately 300. Their staff is currently 40 and would increase to 42 with the new space. Commissioner Zutshi asked Ms. Carol Freitas where she anticipates the most increases. Ms. Carol Freitas replied the pre-school program, children from the ages of 2.5 to 5 years. Commissioner Hunter asked Ms. Carol Freitas to explain the pick up and drop off process. Ms. Carol Freitas advised that for many of their students, both of the parents work. The children arrive from 6:30 a.m. to 9:30 a.m. so arrivals are spread over a three-hour period. The pick up times begin at about 2:30 p.m. until 6 p.m. Commissioner Hunter asked if there is a line up of cars. Ms. Carol Freitas replied no, that is not a problem. Commissioner Hunter asked about when there are holidays or events. Ms. Carol Freitas replied that there are about five events per year, which are outside of typical operational hours. They include a Spring Extravaganza that runs from 11 a.m. to 2 p.m., fall and Spring Back to School Nights, as well as Halloween and Christmas events that run to about 8 p.m. Commissioner Hunter asked if there are ever any neighborhood complaints. Ms. Carol Freitas said that over the last 20 years there have been no neighborhood complaints over their special events. Commissioner Nagpal asked if there are ever any traffic problems. Ms. Carol Freitas replied no. Saratoga Planning Commission Minutes of January 26, 2005 Page 7 Commissioner Rodgers asked if parking extends off-site when there are special events. Ms. Carol Freitas replied yes. The parking does flow onto surrounding streets but that is also true for soccer and baseball games that are held in a park. Commissioner Zutshi asked if there have been noise or parking complaints. Ms. Carol Freitas said she was aware of one complaint over the years. A nearby neighbor was disturbed by the noise of gardening that was being done on the school grounds on Saturdays. The schedule was changed to address that neighbor’s concern. Ms. Joan Faunce, 18644 Bucknall Road, Saratoga: • Reported that she lives across the street from the Primary Plus School and saw the transition from the Moreland School District Offices into this school. • Described herself as a “Happy Neighbor” to this school. This is a very neighbor-friendly school. There are no traffic problems with this school due to the staggered arrival and departure times. • Said that a Traffic Study of the area is on going for other reasons. • Congratulated the school and the parents who bring their children to this school, as there have been no near accidents. • Commended the school for doing a fabulous job over the years, saying that she has always felt free to talk to the administrative staff. • Said she is comfortable with this expansion and asked the Commission to take good consideration of this request. Mr. Bob Weisend, 18338 Clemson Avenue, Saratoga: • Stated that his daughter, Alexis, is a pre-school student at this school. For the last four to five months, she has been waiting for her new classroom to open. Right now she is sharing class space with younger children, who are not yet toilet trained. This is not the best situation for her. • Urged approval so Alexis could begin to use the new classroom with her appropriately aged peers. • Thanked the Commission for its consideration. Chair Garakani closed the Public Hearing for Agenda Item No. 2. Commissioner Hunter: • Pointed out that the person who complained about the expansion actually lives far from the school site. • Said she is delighted to have this school in Saratoga and that she occasionally picks up her grandchildren from there. • Expressed her support. Commissioner Nagpal: • Said that there are more young children that need such a school. • Said that it is wonderful to have this school that has earned the respect of its community. • Stated that she is wholly supportive. • Expressed support for a Condition that would limit the maximum staff size to 50. Saratoga Planning Commission Minutes of January 26, 2005 Page 8 Commissioner Zutshi expressed concern about a neighbor who had wanted to see the portable but said that she believes that person is now happy. Commissioner Hunter said how nice it is to see a neighbor here expressing such strong support. Commissioner Rodgers: • Said that the emphasis on education is something that sets Saratoga apart from other communities. • Stated that there is a wonderful feel to this school and that the parking provided is adequate. • Added that if problems arise in the future, this Use Permit can be reconsidered and adjusted accordingly. • Expressed her support. Commissioner Hunter clarified that private schools come before the Planning Commission while public school issues do not. Reported that the new building at Saratoga High School did not come before the Commission for consideration. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission approved a Use Permit to allow an educational facility (Primary Plus) at the old school district site with the addition of two new 960 square foot classrooms located at 18720 Bucknall Road with the maximum number of students to be 397 and the maximum number of faculty/staff to be 54, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Uhl and Zutshi NOES: None ABSENT: Schallop ABSTAIN: None *** DIRECTOR’S ITEMS Advising of an Appeal Associate Planner John Livingstone reported that Mr. Christensen has appealed the Commission’s decision regarding Palomino Way to Council. Commissioner Hunter asked what date this appeal would be heard. Associate Planner John Livingstone replied tentatively February 16th. He assured that he would keep the Commission updated. He said that the matter might end up in mediation. If an agreement is reached, the appeal might be withdrawn. Joint Council and Planning Commission Session Commissioner Nagpal pointed out that the joint session with Council has been scheduled for a school vacation week and wondered if Council could be asked to change the date. Another option might be to wait until the new members of the Commission are selected so they too can participate. COMMISSION ITEMS Saratoga Planning Commission Minutes of January 26, 2005 Page 9 Commissioner Nagpal asked if staff has any update about the establishment of a Design Review Board. Associate Planner John Livingstone replied that Council has created a two-member Council Sub- Committee to look into this matter. He suggested that this issue be included on their joint meeting agenda. He asked if any other Commissioners have a conflict with February 16th. Commissioner Nagpal said that she would plan her time accordingly if this meeting goes forward on the 16th. Commissioner Zutshi advised that she would be gone for the month of March. Chair Garakani asked what items are proposed for the joint meeting agenda. Commissioner Hunter suggested asking Council how they feel about having the side of a house facing a road when positioned at an angle on a site. Commissioner Nagpal suggested issues such as the use of retail space and design review issues such as entryways and side elevations of a house facing street frontages. Commissioner Uhl asked about the update on the Downtown Sign Ordinance. Associate Planner John Livingstone reported that this is on a work program list to bring forward. He reported that the Director had met with the Business Association and obtained comments. The initial draft now needs to be revised and reviewed again with the Chamber and the Business Association. Chair Garakani cautioned that the joint meeting time is not long and the time should be used as effectively as possible. Commissioner Hunter suggested the issue of position of garages. Commissioner Nagpal suggested Hillside development. Commissioner Rodgers suggested the role of neighbor input. Commissioner Nagpal said that perhaps a second meeting might be needed and suggested the need for a Council Liaison. Associate Planner John Livingstone suggested that Chair Garakani select one or two Commissioners to work with him on the agenda for the joint session. Commissioner Nagpal said that she could email her list of suggestions. Commissioner Hunter stressed the importance of having an excellent agenda. Chair Garakani said it is very important that the Planning Commission become involved very early in the Design Review process. Commissioner Nagpal said there needs to be a way to make the process easier for people. Saratoga Planning Commission Minutes of January 26, 2005 Page 10 Commissioners Hunter and Nagpal agreed to work out the agenda for the joint session with Council. Commissioner Uhl advised that he might miss the February 9th meeting, as he is likely to be going back to Asia on business travel. Commissioner Hunter advised that she is now the Chair of the Business Development Group. She questioned where the promised sign is designating Saratoga’s Historic District that is slated for Highway 85. Commissioner Nagpal suggested topics such as affordable housing and secondary living units. Commissioner Rodgers asked at what time the next site visits would occur. Chair Garakani replied 3:30 p.m. COMMUNICATIONS City Council minutes from December 1, 2004. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, Chair Garakani adjourned the meeting at 8:10 p.m. to the next Regular Planning Commission meeting of February 9, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk