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HomeMy WebLinkAbout08-27-2003 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, August 27, 2003 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Hunter called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Nagpal, Uhl and Zutshi Absent: Commissioner Schallop Staff: Director Tom Sullivan and Associate Planner Christy Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of July 23, 2003. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Barry, the Planning Commission minutes of the regular meeting of July 23, 2003, were adopted with a correction to page 6. (5-0-1-1; Commissioner Schallop was absent and Commissioner Garakani abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 21, 2003. REPORT OF APPEAL RIGHTS Chair Hunter 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, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. Saratoga Planning Commission Minutes of August 27, 2003 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #03-150 ALAIN PINEL REALTORS: Appeal of An Administrative Decision: Alain Pinel Realtors, located in the Saratoga Oaks Shopping Center near the intersection of Cox Avenue and Saratoga-Sunnyvale Road, has filed an appeal of an administrative decision made pursuant to Municipal Code Section 15-30.070, Criteria for review of application. The administrative decision included the denial of a sign permit, which was not in compliance with the sign program for the center. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that Alain Pinel Realtors is appealing the administrative denial of a Sign Application to allow the replacement of existing blue lettered signage with new signage consisting of black lettering with a gold logo. • Explained that the Sign Program approved for the Saratoga Oaks Shopping Center, located on the southeast corner of Cox and Saratoga-Sunnyvale Road and constructed in 1987, restricts signs to white or blue lettering. • Added that the goal of the Planning Commission at the time of that approval was to establish a unifying theme. • Stated that all existing tenants of the Saratoga Oaks Shopping Center have blue or white lettering for their business signs. • Recommended denial. Commissioner Barry asked whether the shopping center could petition for review or redesign of this Sign Program. Director Tom Sullivan said they could make an application to revise the approved Sign Program, which would come before the Planning Commission in a public hearing format. Alternately, the Commission could elect to rescind the Sign Program entirely. Commissioner Nagpal asked whether approving this request would represent an Exception, a Variance or a discretionary action and what findings would be required. Director Tom Sullivan advised that rescinding the Sign Program would be an action of the Planning Commission if this appeal were upheld. Chair Hunter asked whether the repainting of the Shopping Center would require approval. Director Tom Sullivan replied that he would have to review the original approval to see if changing the building colors would require review and approval. Commissioner Garakani asked why this is considered a Variance. Director Tom Sullivan clarified that this is not a Variance application. The Planning Commission established a Sign Program and the Planning Commission could amend or abolish this Sign Program. If it were a Zoning Ordinance issue, a Variance would come into play. Saratoga Planning Commission Minutes of August 27, 2003 Page 3 Commissioner Uhl asked whether Director Tom Sullivan is saying the Commission cannot make an Exception. Director Tom Sullivan assured he was not saying that but rather that an Exception to this Center’s approved Sign Program could be made, waving the requirements of the Sign Program. Chair Hunter asked if this would represent a precedent. Director Tom Sullivan replied yes. Commissioner Barry asked if approving an Exception to this Sign Program results in rescinding the Sign Program. Director Tom Sullivan replied essentially. Commissioner Uhl pointed out that any future request that is contrary to the approved Sign Program would still have to come before the Planning Commission. Chair Hunter opened the Public Hearing for Agenda Item No. 1. Mr. Paul L. Hulme, Founder/Owner of Alain Pinel Realtors: • Said he appreciated the opportunity to come before the Planning Commission. • Said that he has been in Saratoga since 1961 and that 44 members of his family reside in Saratoga today. • Said that he founded Alain Pinel Realtors in 1990. • Advised that in 1996 he purchased the Argonaut Shopping Center, which was dilapidated at that time and is now the largest tax base for the City, greater than the Village as a whole. • Explained that Alain Pinel Realtors has 400 agents in Saratoga and Los Gatos alone. • Added that they are the second largest family owned business in the Silicon Valley, the largest family owned California real estate firm and the seventh largest in the United States. • Stated that of 10 elite real estate offices, five of them are Alain Pinel Realtors offices. They have 20 Alain Pinel Realtor offices nationwide. • Informed that black is their company’s identifying color and said that he had distributed a packet of his proposed sign changes to the surrounding business owners. None of the other business owners objected and the landlord is also supportive. • Thanked the Commission for its attention. Commissioner Barry asked about the Alain Pinel Realtor Offices located at the Argonaut Center with green signs. Mr. Paul L. Hulme said that their office is located in a stand-alone building. At that center three sign colors are permitted – red, pink and green. Added that three letters from the sign at the Saratoga Oaks Shopping Center were recently destroyed when a truck backed onto the sign. The letters were replaced and the colors of the old and new letters do not match well. Commissioner Barry pointed out that the green sign looks wonderful. Commissioner Uhl asked why not change that one. Saratoga Planning Commission Minutes of August 27, 2003 Page 4 Mr. Paul L. Hulme replied that while he had not thought of that idea he would love to do so. Said that he is most interested in changing the sign that had been damaged. Commissioner Uhl asked if he was okay with the sign at Argonaut Center being green. Mr. Paul L. Hulme answered no, adding that there was no choice and no opportunity to use black. Commissioner Zutshi asked if the main reason for the change as a result of the damage done to the existing sign and that it would not have an adverse impact on the business either way. Mr. Paul L. Hulme said that it would not have an adverse impact on business. Commissioner Nagpal asked Mr. Paul L. Hulme if he was aware of the restrictions when he moved to the Center. Mr. Paul L. Hulme replied that he had thought that he could just go ask to change it and it would be done. Commissioner Barry restated that Mr. Paul L. Hulme understood the restrictions on color at Argonaut Shopping Center as well as at Saratoga Oaks Shopping Center. Mr. Paul L. Hulme replied yes. Chair Hunter pointed out that Alain Pinel Realtors has been at the Saratoga Oaks Center for so long with its blue sign that when she saw the green sign at Argonaut Shopping Center she had thought to herself that the sign there should also be blue. Mr. Noel Marguis, Amcoe Sign Company, Palo Alto: • Advised that he has been doing Alain Pinel Realtors signs for 10 years. The signs consist of individual letters with no box. The proposed sign is the same size as the current and, except for color, is uniform during daytime. At night, it would look different with its halo light illumination. There is white neon located behind the letters that wash the wall with light. • Pointed out that this sign change would not be too disruptive and that the Alain Pinel Office is in a stand alone building apart from the rest of the center. • Suggested that Alain Pinel Realtors could be considered a major tenant in this Center. • Reminded that the Saratoga Oaks Shopping Center is the flagship office for Alain Pinel Realtors and that the Commission should be able to find uniqueness in this situation that can be a justification for deviation of the Center’s Sign Program. Chair Hunter asked where gold would be used. Mr. Noel Marguis said that only the logo is in gold. Commissioner Barry pointed that the Santa Cruz Avenue Office in Los Gatos has gold letters. Mr. Noel Marguis replied yes and added that it is also halo lighted. Pointed out that at some point Mr. Hulme would like to see uniformity of all Alain Pinel Realtor signs. Saratoga Planning Commission Minutes of August 27, 2003 Page 5 Mr. Brian Hanson, Manager of Site Locations for Alain Pinel Realtors: • Said that at first the blue sign was not an issue. Now, it is an issue of personal pride for Mr. Hulme. • Pointed out that corporate clients come to this location • Said that while this request may not be a big deal, they are asking for consideration. Commissioner Nagpal asked Mr. Hanson if they would be coming back to change the sign at the Argonaut Center. Mr. Brian Hanson replied that the Argonaut office is only for agents, serving as overflow office space for employees only. It is not for clients. Therefore, he doubts the change there is necessary. Chair Hunter closed the Public Hearing for Agenda Item No. 1. Commissioner Barry: • Stated that she understands the reasons for wanting to change. • Said that the first hurdle is overturning the decision of a previous Planning Commission to require a uniform Sign Program. • Said that one reason for that desire for uniformity may be the proximity to the surrounding residential neighborhoods. • Said that if there is a change, there should be a public hearing. Director Tom Sullivan advised that the required 500-foot notice was mailed for this evening’s meeting. Commissioner Barry: • Said that this does not necessarily mean that people won’t be unhappy when it changes. • Said that there needs to be a unified Sign Program. • Added that changing other Planning Commission decisions should not be done lightly. • Stated that while the Argonaut Center made provisions for a major tenant, this center did not. • Suggested that if there is to be a change, it should be a change to the whole Sign Program. Commissioner Nagpal asked whether different noticing is required if there is to be a change to the overall Sign Program. Director Tom Sullivan clarified that if the Commission changes the sign for Alain Pinel Realtors, it does not mean the whole center would apply to change other signs at the Center. Chair Hunter: • Pointed out that black is not as obnoxious as red for signs. • Added that Alain Pinel Realtors has a distinctive look about it as depicted in the signs located in front of many homes on the market. Commissioner Garakani pointed out that black would match the trim and address numbers already there in black. Commissioner Nagpal: • Said that the applicant’s request is one that she can live with. Saratoga Planning Commission Minutes of August 27, 2003 Page 6 • Said that once an exception is made to the Sign Program, everyone else can come back for reconsideration. • Stated her desire to understand the reason for the original decision for this Sign Program. Chair Hunter said that this is a nice looking shopping center and that the signs are handsome in blue or white letters. Commissioner Zutshi said that while she can understand that the change makes sense for this business, the Commission must consider the original decision made by the Planning Commission. Commissioner Uhl: • Agreed with Commissioner Zutshi, saying that the sign regulations were established around consistency. • Said that maintaining consistency is important but that it is also important to be business friendly. • Questioned how big or substantial an exception this really is. • Expressed understanding for the desire for name/brand recognition. • Said that while he respects the Planning Commissions of the past, he found this request to be a minor exception. • Added that he can support it as long as any other exceptions for the center come to the Planning Commission. • Stated that Alain Pinel Realtors has made big contributions to Saratoga and should be supported. Commissioner Barry asked if the Sign Program could be changed or added to say that because this is an anchor business/national company it should be given special treatment. Chair Hunter expressed concern for that suggestion in that there are many corporate logos that would not be as acceptable, such as McDonald’s golden arches. Director Tom Sullivan cautioned that certain court cases prevent restrictions to deny corporate logos. Chair Hunter said that she liked the idea of this being a local company rather than a national company. Associate Planner Christy Oosterhous suggested that the Commission might consider adding black to the Sign Program. Commissioner Zutshi said that she would lean toward an Exception in this case and leave it open for other sign applications. Commissioner Uhl agreed that it was better to have each Exception to the Sign Program come before the Planning Commission. This is preferable to outright changing the Sign Program. Commissioner Garakani suggested voting on this specific request tonight and forming a committee to consider overall changes to the Center’s Sign Program. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Garakani, the Planning Commission granted an Appeal of an Administrative Decision in order to allow black lettering and a gold logo for Alain Pinel Realtors signs at the Saratoga Oaks Shopping Center on the basis that this is an anchor business and should Saratoga Planning Commission Minutes of August 27, 2003 Page 7 receive special consideration as both an anchor business and a home-grown business, by the following roll call vote: AYES: Barry, Garakani, Hunter, Nagpal, Uhl and Zutshi NOES: None ABSENT: Schallop ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS The Planning Commission has requested a discussion regarding an existing generator located at 14038 Chester Avenue: Associate Planner Christy Oosterhous provided the staff report as follows: • Reminded the Commission that it had requested that a discussion take place regarding an existing generator on Chester Avenue. • Said that the generator was installed and later resulted in neighbor complaints. • Said that the complaints resulted in the opening of a Code Enforcement case that was subsequently investigated. • Advised that the investigation found the noise levels compliant during the daytime. The generator is operated for 15 minutes, one time a week for maintenance. • Stated that the City Attorney has found this generator to be exempt during times of potential flooding. • Said that as a result of the investigation and finding by the City Attorney, the Code Enforcement case was closed. • Said that the neighbor brought the issue before the Commission and the Commission asked that it be returned for further discussion and conducted a site visit. Director Tom Sullivan pointed out that the letter from the Assistant City Attorney advises that the Planning Commission lacks jurisdiction in this matter in that the Commission has authority only on certain chapters of the Municipal Code. Commissioner Nagpal sought clarification that any decisions made by the Commission would therefore not be binding. Director Tom Sullivan reiterated that there is no authority for the Planning Commission to take action. Chair Hunter questioned why so much time was spent on site. Director Tom Sullivan replied out of consideration for the neighbor. Commissioner Barry asked what could be changed to give more review in such cases, such as the requirement for a Use Permit. Saratoga Planning Commission Minutes of August 27, 2003 Page 8 Chair Hunter pointed out that there are more and more generators and questioned how they are covered in the Ordinance. Director Tom Sullivan replied that there are both daytime and nighttime noise limits. However, when operated under an emergency, there are no noise restrictions. Chair Hunter stated that 64 decibels is very loud. Director Tom Sullivan agreed. Chair Hunter asked if there is any way to recommend a different noise level for daytime uses or is this a common level. Director Tom Sullivan replied that this level is probably strict for an urban area but that it might be possible to amend the Zoning Code to require a Use Permit for generators. Commissioner Zutshi said that she would expect an approval process for a generator. Chair Hunter invited the neighbor living next door to the generator to come forward. Mr. Herb Radding, 14050 Chester Avenue, Saratoga: • Stated that he lives next door to the generator and is in fact closer to it than its owner as the generator is located very close to his bedroom. • Said that he is being denied use of his property as a result of this generator. • Pointed out that the nighttime noise level is 45 decibels. • Said that the neighboring house is 32 years old and his home is 26 years old. He is the original owner of his home while five families have resided next door. • Said that the flood control trench cannot handle water flow and goes over. There have been many floods over the years but added he cannot recall power failures ever occurring as a result of a flood. • Said that the original pool on his neighbor’s property was removed and the pool house renovated. There had been a plan to replace the full size pool with a lap pool but they changed their minds and no pool was installed. • Stated that one day he saw a big propane tank and steel box installed with neither discussion on placement nor any notice. • Said he asked the City and no one was aware. • Reminded that this generator was located 75 feet away from his master bedroom window. • Said that he purchased his own DB reader and made measurements. He was astounded at the amount of noise, 75 decibels at peaks when running. • Said that the owners next door installed a dam between the properties last year to prevent flooding on this property. When there was a power outage, they ran the generator. He, however, sat in candlelight with a gas fire. • Described disclosure laws that will require him to notify potential buyers of his property of the existence of this generator so close to his home and its noise impacts. • Said he is requesting that this generator be classified as auxiliary generator and meet noise standards as such. • Said that it is important to make rules and regulations that make sense. Saratoga Planning Commission Minutes of August 27, 2003 Page 9 Commissioner Garakani asked how long ago this generator was installed. Mr. Herb Radding replied six months or more. Commissioner Garakani pointed out that the owner says they purchased it two years ago. Mr. Herb Radding: • Said once the generator was fired up for the first time, he called the City to complain about the noise impacts. • Added that he has been working a long time since to get the noise levels down. • Suggested that in the future the siting of generators be looked at. Commissioner Uhl asked Mr. Radding for more information about an auxiliary generator. Mr. Herb Radding explained that an auxiliary generator has noise level standards both day and night while an emergency generator does not. He added that there is no emergency need for this generator. Commissioner Uhl pointed out that if the generator should operate when it is not an emergency, fines are imposed. Director Tom Sullivan reported that the fine is $100 per infraction. Mr. Herb Radding asked whom he is supposed to call when this occurs at night. Commissioner Barry: • Said that the Planning Commission has no jurisdiction. • Said that the Commission can try to do something for the future. • Reminded that the only time this generator can go on is to prevent flooding. Mr. Herb Radding asked if he could appeal to Council. Chair Hunter suggested that Mr. Radding address Council under Oral Communication. Mr. Herb Radding asked who updates Codes. Director Tom Sullivan replied that in most cases, it is Council. Mr. Herb Radding said he would take this matter to Council. Mr. David Dornblaser, 14038 Chester Avenue, Saratoga: • Said he is the owner of the generator. • Said that he objects to the Planning Commission taking jurisdiction and does not waive jurisdiction. • Explained that the reason for his generator is that this property has flooded numerous times as the result of the City’s failure to maintain the culvert. • Said he asked Council to do something about it. Saratoga Planning Commission Minutes of August 27, 2003 Page 10 • Advised that he had $250,000 in berm and grading work done and while this worked for the last flood there is no guarantee it will work each time flooding conditions occur. • Stated that the generator is for emergencies and is wired exclusively to six sump pumps and to a couple of lights. • Said he attempted to work with Mr. Radding and took trees down at their request. • Informed that the metal enclosure, a special muffler and a sound wall were installed. • Said that the generator runs one time a week for 15 minutes at noon. This is required by the manufacturer for maintenance purposes. • Advised that he asked Mr. Radding if he has a preferred time for the maintenance run and received no response. • Said he concurs with the City Attorney’s letter and that the noise of his generator has been calibrated to meet codes. • Added that this is not an auxiliary generator, as it is not cost effective to run this generator in place of existing available power. • Reminded that the Code Enforcement staff measured the noise from the generator twice and the levels met Code. • Cautioned that the Commission cannot act on this issue and that the City Attorney advised Mr. Radding that he had failed to timely appeal. • Said that permits were not required. • Restated that the Commission has no jurisdiction and cannot impose any mitigation measures on him. However, he is willing to listen to suggestions. • Stated that his young son has had 11 earaches in the last year and needs humidifiers, which could qualify as a medical emergency. Commissioner Garakani asked when the generator was installed. Mr. David Dornblaser replied one to one and a half years ago and has been running once a week since installed. Commissioner Garakani asked if it is still under warranty and if a better muffler is possible, perhaps piped into the shed. Mr. David Dornblaser: • Said they are out of warranty. • Advised that there is no muffler available that would be quieter than the one they now have. • Added that the decision not to install a new pool was made once they discovered they were expecting their child. • Said that piping the muffler into the shed could create a possible danger as a result of carbon monoxide/dioxide levels. Commissioner Garakani asked if it is possible to manually operate the generator in times of emergency. Mr. David Dornblaser: • Said there is a trigger switch in the event of water and the switch requires 120 volts of power. • Added that it would be worth looking into manual operation of the generator. • Agreed that it could be switched off at 7 p.m. Saratoga Planning Commission Minutes of August 27, 2003 Page 11 Commissioner Barry thanked Mr. Dornblaser for listening to suggestions and agreed the Commission has no jurisdiction. Said she hopes to see them figure something out that works for all concerned. Mr. David Dornblaser: • Said he is happy to consider any suggestions. • Reminded that he has only run the generator one time in one year. • Stated that this process has been intrusive and that he took time off work to meet with the Planning Commission on his property. • Declared that he did not want to experience flooding and/or damage to his property. Commissioner Garakani suggested a smaller generator unit that could be kept in the garage for use for their son’s humidifier in the event of a power outage that does not include flooding conditions. Commissioner Uhl questioned whether it is possible to share the cost between neighbors to vent to the pool shed. Commissioner Nagpal: • Said that it is clear that the Planning Commission has no control or right to make a decision here. • Said that the community has the right to use City Codes and comply with those Codes. If one does not like existing Code, that Code needs to be changed. • Stated that she appreciates the time spent by all involved but that she does not feel the Planning Commission has jurisdiction and therefore should not make a decision. Commissioner Garakani suggested that Council be asked to amend the Code as it pertains the generators. Director Tom Sullivan said that something could be added in the Zoning Code that requires a Use Permit for generators. To do so requires a Resolution of Intent, which could be agendized for a future meeting. This change would be packaged with a whole set of notices. Mr. Steve Prosser, Public Safety Officer, City of Saratoga: • Clarified that after three complaints for noise infractions, misdemeanor citations are issued. Commissioner Barry asked what should occur if the infraction occurs at night. Mr. Steve Prosser said the Sheriff’s Office could be contacted at night. If necessary, the Sheriff’s office can reach him. Added that if this generator were to go on without flooding conditions, it would be in violation. Commissioner Barry asked if this generator could be qualified for use for medical reasons if said medical conditions are properly documented. Mr. Steve Prosser replied he believes so but defers to the Community Development Director and/or City Attorney to make that determination. Library Expansion Commissioner Zutshi announced that the Library Expansion Committee disbanded today. Saratoga Planning Commission Minutes of August 27, 2003 Page 12 Heritage Preservation Commission Update/Business Development Committee Meeting Chair Hunter announced that she had attended both the Heritage Preservation Commission and Business Development Committee Meeting. The Business Development Committee wants to have the Heritage Preservation Commission address their group. Gateway Design Committee Commissioner Barry announced that the Gateway Design Committee is moving closer to completing the Design Guidelines to send on to Council. Director Tom Sullivan advised that first these Design Guidelines would be sent out for comment than forwarded to City Council. Commissioner Garakani asked why the Planning Commission would not participate. Commissioner Barry advised that the Planning Commission did review and recommend a set of Design Guidelines, which went on to Council. Council appointed a Committee to work further on the draft. Director Tom Sullivan added that about 75 to 80 percent of what the Planning Commission recommended is still in the document. Commissioner Barry advised that a lot of specifics were taken out, as they need to be put into the Zoning Code. Commissioner Garakani pointed out that the three newest Commissioners did not see the draft. Director Tom Sullivan assured that all Commissioners would get a copy of the document. COMMUNICATIONS Written: City Council minutes from Regular Meetings on June 18, July 2 and July 16, 2003. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, Chair Hunter adjourned the meeting at 10:30 p.m. to the next Regular Planning Commission meeting of September 27, 2003, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk