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HomeMy WebLinkAbout06-26-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 26, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Acting Chair Kurasch called the meeting to order at 7:05 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Kurasch and Roupe Absent: Commissioner Jackman and Zutshi Staff: Director Tom Sullivan, Planner Christy Oosterhous and Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of June 12, 2002. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Barry, the regular Planning Commission minutes of June 12, 2002, were approved as submitted with minor corrections to pages 6, 7 and 10. AYES: Barry, Garakani, Hunter and Kurasch NOES: None ABSENT: Jackman and Zutshi ABSTAIN: Roupe ORAL COMMUNICATIONS Ms. Antoinette Romeo, 12848 Pierce Road, Saratoga: • Raised the issue of the recent prohibition of U-turns at a nearby intersection near Pierce Road and asked that U-turns be legalized at that intersection once again. • Explained that since U-turns were no longer permitted, there are many drivers that turn onto Pierce Road to make a turnaround, often using her driveway entrance to do so. Director Tom Sullivan advised that this matter is within the jurisdiction of the Public Safety Committee and offered to pass this concern onto its staff liaison, Paula Reed. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 16, 2002. Saratoga Planning Commission Minutes of June 26, 2002 Page 2 REPORT OF APPEAL RIGHTS Director Tom Sullivan 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. *** PUBLIC HEARING - ITEM NO. 1 DR-00-051 & BSA-00-003 (503-30-002) – WALKER, 13800 Pierce Road: Request for Design Review and Building Site Approval to construct a two-story single-family residence on a 19,210 square foot vacant lot. The floor area of the proposed residence and attached two-car garage is 3,609 square feet. The maximum height of the residence would be 26 feet. The site is zoned Hillside Residential. (OOSTERHOUS) Acting Chair Kurasch stated that concerns were raised at the Commission’s site visit about a lack of story poles to demonstrate impacts to the area from this proposed new residence. Stated that she would propose opening up this item for Public Hearing and asking the applicant if he would be willing to accept a continuance and arrange for the placement of story poles on his property. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 1 at 7:15 p.m. Mr. Thomas Walker, Applicant and Property Owner, 13800 Pierce Road, Saratoga: • Informed the Commission that he was notified just three weeks ago by email regarding the need to install story poles. • Advised that he has had difficulty finding a contractor who is willing to install story poles. Acting Chair Kurasch asked Mr. Thomas Walker if he is amenable to a continuance. Mr. Thomas Walker replied yes. Director Sullivan advised that the next scheduled meeting is scheduled for July 10th and asked Mr. Thomas Walker if two weeks would give him adequate time to arrange the installation of the story poles. If not, he suggested the second July meeting. Mr. Thomas Walker replied that he was not certain if he would find someone to install the story poles at all since he has already spoken with five different contractors, none of who were interested in the job of installing story poles. They told him that it is expensive and not something they care to do. Director Sullivan offered to find out which contractors installed the more recent story poles for other recent projects in Saratoga. Saratoga Planning Commission Minutes of June 26, 2002 Page 3 Commissioner Roupe suggested continuing this item to the July 10th meeting. If at that time the story poles have not yet been installed, the item could be continued again to another meeting date. Explained to Mr. Thomas Walker that this is a sensitive site because of its location on a Hillside lot and that story poles are helpful to the Commission to see elevations. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Barry, the Planning Commission continued consideration of DR-00-051 and BSA-00-003 (13800 Pierce Road) to the next Planning Commission meeting of July 10, 2002, to give the applicant sufficient time to have story poles installed on the property: AYES: Barry, Garakani, Hunter, Kurasch and Roupe NOES: None ABSENT: Jackman and Zutshi ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 2 Application #02-020 (410-40-018) – HUYNH, 15120 Quito Road: Request for Design Review Approval to demolish an existing 2,214 square foot single-family residence on a 43,342 square foot lot. The floor area of the new residence, including the basement and attached garage, will be 6,937 square feet. The maximum height of the residence will be 25 feet. The site is located in the R-1-40,000 zoning district. (WELSH) Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to construct on a triangular-shaped property. • Explained that the applicant would demolish the existing single-story residence and construct a new two-story residence in an Italian Villa style with an attached three-car garage. • Added that the necessary findings have been made. • Said that the property is a wooded lot with one neighbor to the south. This neighbor is not impacted by this proposed new home. • Stated that the new home would be placed on the same relative footprint and that the natural landscaping would be preserved. A new driveway will require the removal of five trees. • Said that various elements have been incorporated into the design to minimize the perception of bulk. • Recommended approval with conditions, including a requirement to obtain a permit from the Santa Clara Valley Water District, meet geotechnical requirements and provide a landscape plan with replacement trees and a buffer with the neighboring property. Commissioner Barry asked how the requirement to remove existing paving by hand would be guaranteed. Planner Ann Welsh replied that this would be verified through a letter from the Arborist. Commissioner Barry asked if there would be a supervising Arborist. Planner Ann Welsh said that the Arborist would simply verify that the condition had been met. Saratoga Planning Commission Minutes of June 26, 2002 Page 4 Commissioner Roupe proposed a requirement for a Project Arborist to ensure that all conditions are met and to guard the safety of the trees on site. Planner Ann Welsh agreed that this requirement could be made a condition of approval. Commissioner Garakani reminded that on occasion a bond is required to guarantee the well being of trees. Commissioner Roupe pointed out that the numbers for the total square footage do not add up properly because the penalty for interior heights over 15 feet, which are required to be double counted, are not included. Planner Ann Welsh assured that this would be corrected. Commissioner Barry asked staff to clarify for those in the audience what the penalty means. Planner Ann Welsh explained that in the Zoning Ordinance it states that internal heights above 15 feet are double counted against the allowable floor area. Thus, 217 square feet in this home that have 18- foot high ceilings will be counted twice. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 2 at 7:26 p.m. Mr. Allan Nikitin, Project Architect: • Told the Commission that the applicants, who had plans for a remodel that they did not like, hired him in December. Instead, they made the decision to demolish the existing structure and rebuild. • Stated that every home along Quito Road is unique. • Said that the approach from Quito Road requires the placement of the driveway as they are proposing is because it is the safest location from the road for this triangularly shaped lot. • Said that with the lot shape and creek easement, the building area on this property is limited. There is not a lot of choice for the placement of a house. • Added that some existing paving that will be removed from the site will offset the new driveway. • Pointed out that the one neighbor to the right has a single-story home. • Added that this new home will have no windows that overlook this neighbor. • Explained that the Arborist recommended removal of some trees near Quito Road and that all will be replaced. Commissioner Barry thanked Mr. Allan Nikitin for the proposed use of pavers with sand for the driveway. Acting Chair Kurasch expressed concern over the length of the driveway. She also asked for the size of the buffer. Mr. Allan Nikitin replied that the buffer is about 25 feet. Acting Chair Kurasch: • Stated that she is concerned about losing a bit of the front buffer and the amount of proposed paving. Saratoga Planning Commission Minutes of June 26, 2002 Page 5 • Added that the proposed pavers are not as pervious a material as she would like to see used. • Suggested a reduction in the driveway. Mr. Allan Nikitin reminded that they are taking paving out near the creek and that they are offsetting on-site paving by removing some and by the use of pavers for the driveway and turnabout area. Acting Chair Kurasch asked about the minimum width required for the driveway access and questioned if it is 14 feet. Mr. Allan Nikitin replied that it is variable depending upon Fire Department requirements for site access. Commissioner Roupe proposed using a more pervious material for the parking area near the creek. Mr. Allan Nikitin advised that this is a sensitive area near the creek and that it would be more disturbing to remove this existing and established paving than it would be to keep in it place. Commissioner Hunter pointed out that Barrie Coates’ report recommended moving the placement of the house due to impacts to Tree #19. Asked what would be done with that tree. She added that there are some magnificent Sycamore trees on this site. Acting Chair Kurasch: • Identified Tree #19 as a Coast Live Oak and that this tree is slated to be removed and replaced. • Asked Mr. Allan Nikitin if they would be willing to plant drought tolerant native materials with drip irrigation in the area between the setback from the bank and the house. Mr. Allan Nikitin replied that they would be so willing. Mr. Paul Huynh, Owner and Applicant, 15120 Quito Road, Saratoga: • Stated that he would have a landscape architect include that requirement in his landscape plan. Acting Chair Kurasch added that the Commission would also be seeking a Supervising Arborist. Mr. Richard Anderson, 14971 Quito Road, Saratoga: • Stated that he is the nearest neighbor and that this site is located to the northwest of his property. His home is 1,000 feet back and this home will have no impact on him. • Added that he welcomes any improvement. • Explained that he does have objections over too many two-story homes being constructed. • Said that his neighbors have done an excellent job with their home design and their proposed landscaping is good. Acting Chair Kurasch asked if a survey of one versus two-story homes was conducted in this area. Planner Ann Welsh: • Replied that only one house is visible and that this home is a single-story that is elevated. Another nearby home is two-story. Saratoga Planning Commission Minutes of June 26, 2002 Page 6 • Advised that she did not do an inventory of one versus two-story homes since many homes along Quito Road are not even visible since they are set back quite a distance from the road. Mr. Paul Huynh pointed out that there are indeed several two-story homes in the immediate area. Acting Chair Kurasch asked if the applicant had considered shortening his driveway by moving the house forward to the north. Mr. Allan Nikitin explained that to do so would encroach on a required setback to the creek. Reiterated that the shape of this lot limits the location of a house on this site. Director Tom Sullivan added that moving the house would increase the geotechnical issues. To meet the requirements of the geotechnical consultants, the applicant eliminated a proposed basement and moved away from the creek. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 2 at 7:47 p.m. Commissioner Roupe stated that the design and placement of this house are appropriate and that he would support this project with the conditions that a project Arborist be retained and that indigenous species be used. Otherwise he finds the project acceptable. Commissioner Barry concurred and asked staff to pay attention to the two-story issue with future applications. Asked for clarification about the setback from the creek. Planner Ann Welsh advised that she has spoken with Santa Clara Valley Water District and forwarded plans but has not yet received comments. Commissioner Barry said that it appears issues have been juggled and something reasonable has been reached. Commissioner Hunter asked what would prevent this owner from changing the area along the creek. Director Sullivan replied that one result would be that a final occupancy would not be approved. He added that the Water District looks after creeks and that generally response is to complaints. Commissioner Garakani said that everything looks good and that he has no problem with a two-story here. Commissioner Hunter agrees that the project looks good. Acting Chair Kurasch concurred and stressed the importance of having the Arborist supervise the site’s construction activities. Director Tom Sullivan advised that the City’s Arborist does a final inspection and suggested that a construction staging area be designated on site away from trees. Acting Chair Kurasch added that it would be wise to install a barrier to keep vehicles and storage away from the creek right-of-way. Saratoga Planning Commission Minutes of June 26, 2002 Page 7 Commissioner Roupe pointed out that there will be vehicles in that area during construction. Director Tom Sullivan clarified that this vehicle traffic would be limited to existing paved area that is to remain on site. Planner Ann Welsh added that the Water District would make recommendations for construction processes to prevent erosion. Director Tom Sullivan said that a possible condition of approval might be to require that tree protective fencing enclose the largest area feasible to provide maximum protection possible to all existing vegetation. Acting Chair Kurasch asked staff to make sure and verify that the driveway width is at the minimum width possible. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Hunter, the Planning Commission granted Design Review Approval to allow the construction of a new residence on property located at 15120 Quito Road with the added Conditions: • The applicant shall retain a Project Arborist at his own expense; • A landscape plan should include drought tolerant and indigenous materials, subject to approval by the City Arborist; • A staging area shall be established and construction fencing shall be installed to the maximum extent possible to protect trees along the creek bank; and • Design the driveway and turnaround to minimize the use of impervious surface to meet the minimum standard acceptable to the Fire Department. AYES: Barry, Garakani, Hunter, Kurasch and Roupe NOES: None ABSENT: Jackman and Zutshi ABSTAIN: None Acting Chair Kurasch reminded that there is a 15-day appeal period. *** PUBLIC HEARING – ITEM NO. 3 Application #02-056 (397-06-080) – CHANDRA, 18595 Woodbank Way: Request for Design Review Approval for an addition to a 4,765 square foot single-family residence on a 44,451 square foot lot. The addition will add approximately 422 square feet to the main floor, 472 to the lower level and 441 square feet to the new garage. The maximum height of the residence will be 26 feet. The site is located in the R-1-40,000 zoning district. (WELSH) Planner Ann Welsh presented the staff report as follows: • Stated that the applicant is seeking Design Review Approval. • Added that the approval is required because the floor area ratio exceeds 6,000 square feet or more. Saratoga Planning Commission Minutes of June 26, 2002 Page 8 • Informed that the proposal would add 894 square feet to the second story and add an attached garage. • Said that the proposal minimizes the perception of bulk due to the isolated lot and low-lying style of the house. The home consists of natural earthtones and follows the contours of the property. There are no visible neighbors and no views are impacted. • Recommended approval. Commissioner Roupe advised that the plans are not clear as to what supports the terrace feature, whether it would be enclosed space or columns. Planner Ann Welsh said that she spoke with the Architect and they plan to support the terrace with columns but that the actual design and engineering has not been worked out yet. Commissioner Roupe said that he would propose a condition that the area below the terrace not be enclosed. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 3 at 8:07 p.m. Mr. Ashok Chandra, Owner and Applicant, 18595 Woodbank Way, Saratoga: • Said that they have worked hard to preserve the intent of the building and that the additions are within the decking. • Added that the garage would be placed on an existing pad of concrete and that they would not be disturbing any trees. • Said that they plan to take out a section of concrete and landscape that area. • Said that they tried to be consistent with the current building and that they have an improved design. • Stated that his architect is available. Commissioner Roupe asked the architect if he supports a condition that states the terrace will be supported by columns and that the space below shall not be enclosed. Mr. James Baldwin, Project Architect, replied yes. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 3 at 8:10 p.m. Commissioner Hunter stated that the project, with its remote location, is very nice. Commissioner Roupe said that he is comfortable with the project and finds the design pleasing and acceptable. Acting Chair Kurasch concurred. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Garakani, the Planning Commission granted a Design Review Approval to allow the addition to an existing home at 18595 Woodbank Way with the added condition that the deck be supported by columns and that the space below that deck not be enclosed. AYES: Barry, Garakani, Hunter, Kurasch and Roupe NOES: None ABSENT: Jackman and Zutshi Saratoga Planning Commission Minutes of June 26, 2002 Page 9 ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 4 Application #02-082 (Citywide) – CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would establish Development Standards for Mixed-Use Developments. These standards address density, unit size, ratio of commercial square footage to residential square foot square footage and compatibility to existing residential and/or commercial development. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Stated that the new Housing Element for the General Plan received approval by Council last week. A letter from the State advises that the Housing Element substantially conforms with State law. • Added that the voters previously approved a moratorium (Measure G) to control the conversion of commercially zoned property into residential uses. • Advised that the City is allotted its “Fair Share Housing” from ABAG. The built units that are counted including the Oddfellows Retirement Home, for which Phase I is completed and Phase II is set to begin. • Said that two kinds of second units were considered. One would be an amnesty program to legalize those units constructed without approvals. However, the State denied that proposal and said that such units could not be counted unless it can be proved that these units were never counted in previous Census counts. The second proposal was a streamlined process to construct new secondary living units. • Advised that the City of Saratoga still needs 55 to 60 housing units to meet its Housing Element Plan and one constraint is that Council does not have the ability to increase density in existing residential areas. That leaves Commercial areas for potential new housing locations. • Stated that in May 2001, Council directed staff to look into placing some residential units in every Commercial zone in the City and to draft a Zoning Ordinance for Mixed-Use. There are seven bullets in the Housing Element to be true to. • Said that staff is proposing that the Commission forward a recommendation to Council to end all current Commercial zones and replace them with a Mixed-Use zoning designation. • Assured that this change does not mean that every project in the Mixed-Use zone would have to include housing but simply that it could be included. This is a citywide proposal. • Stated that staff could have relied simply on a single ad in the Saratoga News to notify of this evening’s hearing but undertook the task to add a 2,000-piece mailing. • Added that staff has fielded lots of phone calls on the matter. • Reminded that the Commission’s action is to forward a recommendation to Council. Council will subsequently conduct its own hearing. Commissioner Roupe stated that there is great potential for confusion with the Gateway Design Guidelines. Asked that the Commission keep its focus and keep the two distinct. Director Tom Sullivan: • Stated that the Gateway Design Standards were discussed at the last Commission meeting and that a hearing has been scheduled for the second Planning Commission meeting in September. Saratoga Planning Commission Minutes of June 26, 2002 Page 10 Additionally, another Task Force meeting has been set for July 26th and their recommendations will be forwarded to the Commission in August. • Added that anyone that attended one or more of the previous Task Force meetings was notified by mail of this pending Task Force meeting. Commissioner Barry said that she saw on the news that some cities are in trouble with the State for not having an updated Housing Element and thanked Director Sullivan for his leadership and preventing Saratoga from that fate. Acting Chair Kurasch opened the Public Hearing on Agenda Item No. 3 at 8:30 p.m. Acting Chair Kurasch read a letter to the audience from an owner of the Saratoga Square Office Building in which the writer asks that the City allow repairs to existing buildings and not turn them into a non-conforming use. A second letter from Mr. Thomas B. Sander, President of the Saratoga Oaks Homeowner’s Association, also expresses concern about the proposed Mixed-Use designation. Director Tom Sullivan stated out that Mr. Sander’s letter shows his confusion between the Mixed-Use Zoning and the Gateway Design Guidelines. Mr. John Keenan, 22215 Mt. Eden Road, Saratoga: • Stated that he is the President of Saratoga Square. • Expressed his belief that this proposal is the start of a “slippery slope.” • Said that if the Gateway becomes Mixed-Use, he could not rebuild what exists on the property. Commissioner Roupe asked Director Sullivan if Mr. Keenan would be precluded from rebuilding with the Mixed-Use designation. Director Tom Sullivan replied that this Mixed-Use Ordinance would not do that. This Ordinance adds another allowable use. Mr. Keenan is expressing his concerns about changes in addition to this Ordinance that might occur in the future. Commissioner Roupe stated that the Housing Element requires a Mixed-Use designation that allows residential but does not require it. Ms. Zoe Alameda, 12341 Saratoga-Sunnyvale Road, Saratoga: • Commended Director Tom Sullivan for the City’s Housing Element. • Said that she has concerns over a Citywide overlay. • Read a quote attributed to Director Tom Sullivan in a recent article, “…to create an environment that encourages developers to come to Saratoga.” • Asked that the City withdraw the Gateway Area from these standards until the Gateway Design Standards are finalized. Commissioner Roupe explained to Ms. Alameda that the Commission is not in a position to exclude the Gateway Area from this Mixed-Use Zoning Ordinance. Ms. Zoe Alameda said that perhaps the two could be combined. Saratoga Planning Commission Minutes of June 26, 2002 Page 11 Director Tom Sullivan advised that the City has a policy in its adopted Housing Element and assured that the Council’s goal is to protect neighborhoods. He added that the landscaping requirements were the outgrowth of the Task Force meetings and that they are not yet set in stone but rather will continue to be worked on with this Citywide Mixed-Use Zoning Ordinance. Commissioner Roupe said that Ms. Alameda has a legitimate point. Director Tom Sullivan said that he agrees. Commissioner Barry said that she does not find that specifics are given. Director Tom Sullivan pointed her to the Draft Ordinance. While specifics are not outlined in the staff report they are included in the Draft Ordinance. Ms. Zoe Alameda stated that these requirements are quite restrictive to commercial uses with its limits on walls, fencing, etc. Acting Chair Kurasch asked Director Tom Sullivan for the purpose in those types of restrictions. Director Tom Sullivan replied that the reason is to keep commercial areas open from the street and to provide shared parking and access. Acting Chair Kurasch said that this is much broader zoning and that there is room for this to fit with the Gateway Design Guidelines. Ms. Antoinette Romeo, 12848 Pierce Road, Saratoga: • Thanked Director Tom Sullivan who clarified some of her questions. • Stated that she is a Planner by profession. • Suggested the restriction on fence height to a certain height rather than to prohibit them outright. • Suggested that the residential units be rental units only. • Asked if there is a State mandated requirement for size of living unit. Director Tom Sullivan replied that the State does allow some latitude in the size of the units. Ms. Antoinette Romeo suggested adding text “or developed” as per the staff report and asked if the 20,000 square foot minimum area includes the residence. Director Tom Sullivan replied that this number represents the land area. Ms. Antoinette Romeo suggested that full CEQA review be required to assess issues such as traffic, soils and seismic. Director Tom Sullivan said that he would have to see whether some instances might be Categorically Exempt. Mr. Thomas B. Sander, 14652 Placida Court, Saratoga: • Stated that he wrote one of the letters read by the Chair at the beginning of this hearing item. Saratoga Planning Commission Minutes of June 26, 2002 Page 12 • Said that while he heard that this Mixed-Use zoning would include all commercial zoning the area around the Argonaut Shopping Center was not included and he wondered why. Director Tom Sullivan replied that the State required the City to identify sites where such development might occur within five years. Council removed the Argonaut Shopping Center because it is not likely for redevelopment within that time frame. Ms. Joyce Hlava, 14662 Springer Road, Saratoga: • Said that she can appreciate what is underway since she is a former Commissioner and Mayor. • Said that she has concerns that Mixed-Uses on sites that border residential properties not include restaurants, bars or liquor stores due to the potential for noise and later hours. • Stated that she has no problem with density but that there is not a lot of high density in Saratoga. • Advised that there are pre-existing noise issues with Dr. Fitzsimmon’s property. • Added that sound walls would be a degradation of her area and that there are better ways to mitigate noise without tall sound walls, including landscaping. Commissioner Roupe sought clarification that this Mixed-Use zoning would not preclude a need for Use Permits. Director Tom Sullivan replied that these uses would require Use Permits. Food service businesses require Use Permits. Mr. Bob Estler, 18644 Paseo Lodo, Saratoga: • Said that he would like to see more public noticing including ads within the Saratoga News. • Added that he too is concerned that Argonaut is excluded. • Suggested a minimum in low-income housing unit since he worked hard to achieve a life in Saratoga and does not feel that that privilege should be simply handed to others. • Questioned what additional housing demands would be placed on the City in 2006. • Stated a preference for senior housing since seniors are older, quieter and better neighbors. • Pointed out potential traffic impacts. • Suggested that alcohol sales be prohibited in Mixed-Use developments. Acting Chair Kurasch asked Mr. Estler what he felt the impact of Mixed-Use development near his home would be. Mr. Bob Estler replied noise and traffic. He added that there is already a problem with traffic for Gene’s Market in his neighborhood. More density would mean more cars, louder cars since low- income people spend a lot on their car stereos. Mr. Paul Roland, 18761 Devon Avenue, Saratoga: • Said that he resides adjacent to current commercial property. • Said that he realizes tonight’s issue is the Mixed-Use component. • Stated that there are two issues regarding privacy for residences located adjacent to commercial uses. • Said he agrees that eight-foot tall sound walls are disturbing and not particularly effective. He has one between him and the commercial property adjacent to his. Additionally, there is tremendous Saratoga Planning Commission Minutes of June 26, 2002 Page 13 light incursion by lighting in parking lots. Since he has lost some trees that used to screen this lighting, he now experiences “light trespass” onto his property. • Identified himself as amateur astronomer. Director Tom Sullivan asked Mr. Roland if his sound wall is made of masonry. Mr. Paul Roland replied yes. Commissioner Hunter said that she has heard that sound walls are not working and that redwood trees work better to buffer noise when placed in front of a sound wall. Mr. Paul Roland said that the wall helps deflect low sounds but not high sounds. Mr. Russ Stanley, 12108 Saratoga-Sunnyvale Road, Saratoga: • Stated that the noticing for this hearing was inadequate and that he did not receive one although he owns a two-acre commercial property in Saratoga. • Said that this Mixed-Use Zoning has serious overlap with the Gateway Design Guidelines and that they should be dealt with separately. • Said that he spoke with Director Tom Sullivan today. • Said that this Ordinance goes too far with its restrictions. Director Tom Sullivan stated that Council wanted a certified Housing Element but were not giving up existing or potential commercial land uses. Commissioner Roupe reiterated that this Mixed-Use zoning does not require residential but allows it. The properties can remain totally commercial but gives some flexibility in the future. Mr. Russ Stanley said that Director Tom Sullivan told him that his property is already considered Mixed-Use when he does not feel it is so. Director Tom Sullivan clarified that Mr. Stanley’s property is the commercial portion of a site that was developed with housing and commercial. The two uses were later sold separately. If this Ordinance passes, Mr. Stanley’s property has already benefited from the previous Mixed-Use development that occurred and would not be eligible for further Mixed-Use development. Commissioner Barry asked if this property was one parcel with the portion developed as residential. Mr. Russ Stanley replied yes and they were sold separately. He purchased the commercial portion, a commercial property that he purchased without restrictions. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 4 at 9:30 p.m. Commissioner Roupe stated that he has heard enough to suggest a continuance to track this Mixed-Use Zoning Ordinance more closely with the Gateway Design Guidelines, perhaps they could proceed at a parallel pace. Director Tom Sullivan reminded that the Gateway Design Guidelines are now scheduled for Planning Commission hearing at the second meeting in September. The Task Force meetings again on July 26th Saratoga Planning Commission Minutes of June 26, 2002 Page 14 and will provide a report to the Commission in August. Suggested that it might be more appropriate to finish the Gateway Design Guidelines and then adjust the Mixed-Use Zoning Ordinance accordingly. Commissioner Roupe asked if the Gateway will be an Ordinance. Director Tom Sullivan replied that they are Design Guidelines. Commissioner Roupe pointed out that it is easy to change a Design Guideline. Director Tom Sullivan suggested the second meeting in October (October 23rd) for the Public Hearing on the Mixed-Use Zoning Ordinance. Acting Chair Kurasch agreed that this schedule is prudent and agreed that as much noticing as possible is advised. Added that she would like to see materials as early as possible in advance of the Public Hearings. Commissioner Barry proposed a better use of the City’s website. Added that she wants as broad a notice as possible and recommended that the public use the website for information. Director Tom Sullivan said that he would place the draft Mixed-Use Ordinance on the website. Added that noticing was provided to 2,000, an ad went into the Saratoga News and this hearing was posted on the website and on the City’s posting bulletin board. The State requires 300-foot notices and Saratoga’s standard practice is to notice within 500 feet. Acting Chair Kurasch said that 500 feet may not be enough and more noticing may be necessary. Director Tom Sullivan reminded that the law simply requires a 1/4-page ad for a citywide issue. The mailed notices are not required. Commissioner Barry stated that noticing itself is not effective and that word of mouth works better. Director Tom Sullivan stated that since it appears the Commission has reached a consensus, the Chair should reopen the Public Hearing and continue this matter to a date specific. Commissioner Barry suggested that perhaps one Zoning Ordinance might not work for all commercial areas, including the Gateway and Village that have specific issues, and that perhaps more than one Ordinance might be required. Director Tom Sullivan pointed out that the Village Design Guidelines are mentioned in the Zoning Ordinance specifically and that adopts those Guidelines. The Residential Design Handbook adopts policies and techniques. Commissioner Roupe asked if such specifics are required in the Ordinance. Director Tom Sullivan advised that in the Housing Element, zoning is supposed to be specific. Commissioner Barry asked if it is possible that there cannot be just one Ordinance for Mixed-Use zoning. Saratoga Planning Commission Minutes of June 26, 2002 Page 15 Director Tom Sullivan said that if the Commission wants different standards for each specific zone, that could be done. Acting Chair Kurasch pointed out that the City has a Commercial Code that is specific and that the purpose of the Ordinance is to designate kinds of uses. This is an overlay over the guidelines that are already there. Commissioner Hunter said that this is a highly specific Ordinance that includes a requirement for eight- foot tall walls. Asked if these would be required in the Village. Acting Chair Kurasch stated that the requirement for eight-foot walls could be changed. Asked staff to prepare more scenarios to help provide an analysis of the impact of this Mixed-Use zoning over the existing Commercial zoning. Commissioner Roupe suggested that grandfathering or exceptions be considered. Director Tom Sullivan said that Zoe Alameda had previously said that she would not mind her property being evaluated in developing these sample scenarios. Commissioner Hunter pointed out that there are many important elections coming in November. Director Tom Sullivan advised that SB910 is moving forward. Commissioner Hunter said that this process can be slowed down a little bit. Commissioner Roupe said that there is no effect from the upcoming election on these Zoning changes. Commissioner Barry stated that there has to be some starting point to put on the table and focus the discussion upon. Acting Chair Kurasch reopened the Public Hearing for Agenda Item No. 4 at 9:53 p.m. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission continued consideration of the proposed Zoning Ordinance Amendment to establish Development Standards for Mixed Use Developments to the Planning Commission meeting of October 23, 2002. AYES: Barry, Garakani, Hunter, Kurasch and Roupe NOES: None ABSENT: Jackman and Zutshi ABSTAIN: None Commissioner Roupe asked about noticing for the October hearing. Director Tom Sullivan said he would look into it and perhaps a press release can be issued. *** Saratoga Planning Commission Minutes of June 26, 2002 Page 16 DIRECTOR’S ITEMS Director Tom Sullivan distributed the League of California Cities’ Quarterly News. COMMISSION ITEMS Commissioner Hunter advised that she attended the Business Development Meeting. Acting Chair Kurasch advised that the Subcommittee on Trees will try to meet before Director Tom Sullivan leaves on vacation on July 12th. Upon consultation with Director Sullivan and Commissioner Garakani, the meeting will occur one day during the week of July 7th (final date to be confirmed), from 11:30 to 1:30 p.m., at City Hall and brown bag lunches will be provided. Director Tom Sullivan advised that appointees from the Commission should be made to the Gateway Task Force. Commissioner Garakani recommended Commissioner Roupe. Commissioner Roupe said he would check his calendar for July 26th. Commissioner Hunter said that if Commissioner Roupe could not attend she would. Acting Chair Kurasch asked staff to include maximum allowed and minimum required data in future staff reports as had previously been agreed. Commissioner Barry advised that her Subcommittee is looking at the issue of staff reports. COMMUNICATIONS There were no communication items. ADJOURNMENT TO NEXT MEETING Acting Chair Kurasch adjourned the meeting at 10:02 p.m. to the next regular meeting set for Wednesday, July 10, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk