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HomeMy WebLinkAbout09-25-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, September 25, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi Absent: None Staff: Director Tom Sullivan and Associate Planner John Livingstone PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of September 11, 2002. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Kurasch, the regular Planning Commission minutes of September 11, 2002, were approved with corrections to pages 9 and 11. AYES: Barry, Garakani, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: None ABSTAIN: Zutshi REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 19, 2002. REPORT OF APPEAL RIGHTS Chair Jackman 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). Saratoga Planning Commission Minutes of September 25, 2002 Page 2 ORAL COMMUNICATIONS Mr. William Breck, 20375 Saratoga-Los Gatos Road, Saratoga: • Reported continued tree damage from work related to 14480 Oak Place. • Reminded that this is his ninth time before the City since January. • Said that there is excessive cutting occurring on oak trees, which is causing distress to these trees. • Said that the City’s excuse is that 30 percent of a canopy can be trimmed per growth period. • Added that there is continued construction of the wall despite a stop work order and that sandblasting from this site is causing asthma problems to some in the neighborhood. • Complained that there is no enforcement of the City’s resolution. • Questioned whether the Planning Commission could impose fines and pointed out a recent article that demonstrated that Los Altos recently levied someone with a $27,000 fine. • Asked that the Commission direct staff to pull (or rescind) permits, impose fines and enforce tree protections. • Advised that per his study of the Code, the Planning Commission can add an emergency item to its agenda with four members’ support. • Pointed out that there has already been a three-and-a-half-week delay thus far regarding getting the Arborist on site to evaluate the situation. Commissioner Roupe asked Director Sullivan to elaborate on the Planning Commission’s authority as far as levying fines. Director Tom Sullivan said that he had checked with Los Altos and also looked at their Municipal Code. The Authority to levy fines rests with their Council also. The fine mentioned by Mr. Breck was imposed for the illegal demolition of a historic structure. Saratoga does not have the same provision. There are, however, provisions for civil remedies. Mr. William Breck asked about the revocation of permits. Commissioner Barry advised Mr. Breck that the Oral Request section of the agenda couldn’t lead to any action tonight. The Commission has heard what he has said and the information will be passed on. Commissioner Hunter said that she just recently visited a friend whose property is adjacent to the Cutler property. That friend’s tree is being decimated. Director Tom Sullivan stated that it took two weeks to obtain verbal and written permission from Mr. Cutler to gain access to his property. The City had been on the verge of going to court. Commissioner Hunter advised that the tree company that trimmed the tree on her friend’s property climbed a wall from the Cutler property in order to access her friend’s property to cut the tree. Asked if this is legal. Director Tom Sullivan said that this is considered trespassing and the Sheriff should have been called immediately as it was occurring. Commissioner Kurasch asked what the next step should be. Saratoga Planning Commission Minutes of September 25, 2002 Page 3 Commissioner Hunter said the City shouldn’t wait until no trees are left. Chair Jackman reminded that the Commission is unable to take action but can simply direct staff to continue to work on the matter. Director Tom Sullivan promised to bring the newest concerns raised by Mr. Breck with the City Attorney the next day. He added that he tried to reach one of the three attorneys today but all were unavailable. Stated that the Sheriff and Code Enforcement staff responded today and found no infraction. Commissioner Barry asked about developing an emergency resolution. Mr. William Breck advised that action is needed today and quoted sections 2-10.020(b) and 2-15.050 of the Municipal Code. Commissioner Barry assured Mr. Breck that Director Sullivan will follow through on these issues to the full extent that he has the legal authority to do so. Ms. Holly Davies, 14478 Oak Place, Saratoga: • Stated that the Houston’s beautiful heritage oak was cut today. • Added that on June 14th, her tree was heavily cut. • Said that on June 28th, her tree was cut again very heavily. • Said that she called Code Enforcement today and was told that a tree can be pruned up to 30 percent of its canopy. • Pointed out that in a report by Barrie Coate prepared on April 22, 2002, the tree was valued at $10,000. • Declared that if a tree is cut 30 percent each time, the tree could be gone in three weeks. The fines are nominal, about $1,000 for an oak and from $100-300 for pines. Commissioner Kurasch asked Ms. Davies if photographs were taken today. Ms. Holly Davies: • Replied yes, the tree on the Houston’s property was photographed today. • Added that this lovely heritage tree is visible from her property and had been valued at approximately $20,000. • Advised that a new report is underway by Barrie Coate. Chair Jackman advised that a Tree Subcommittee of the Commission is working up regulations to give more “teeth” and provide more ability to take action. It is hard to enforce things if they are not in the Code. Commissioner Barry asked if Barrie Coate has been asked to expedite the report. Director Tom Sullivan replied yes. He added that the four members who can enact an emergency agenda item are Councilmembers. He added that a four-fifths vote is mandated under law to avoid an action on items that the public has not been properly notified about. Should the Commission decide to interpret the Code differently, he advised that more than four votes be cast in favor prior to undertake such action. He added that usually, Planning Commissions do not deal with urgency items. Saratoga Planning Commission Minutes of September 25, 2002 Page 4 Commissioner Kurasch asked what could be done with any emergency action. Director Tom Sullivan replied only things that he would be doing anyway. Commissioner Barry advised that the Commission has directed staff to take every action possible. Commissioner Hunter said that since the Commission is the tree authority for the City, it is correct to come to the Commission with tree-related concerns. Director Tom Sullivan agreed but stated that the Commission has taken its action and provided direction to staff. It gave 30 to 60 days for a new tree report to be prepared by Barrie Coate. Ms. Lee Matas, 20385 Saratoga-Los Gatos Road, Saratoga: • Quoted from several communications from City staff: • A June 21, 2002, letter from Director Tom Sullivan, in which he states that Mr. Cutler would be required to fully implement the arborist’s recommendations. • An email from July 3, 2002, said that the City would do an inspection and if tree protection is not adequate, no house permits would be issued. • A June 6, 2002, letter from Ann Welsh which quoted section 16-05.030(g), stating that the Building Official shall not issue additional permits if violations exist until said violations are corrected. • Added that despite these communications from staff, on July 16, 2002, Mr. Cutler was issued permits to remodel the main house. • Declared that she could not understand why ten neighbors have no clout while Mr. Cutler is allowed to do what he wants. Commissioner Roupe asked Director Sullivan to reply to these comments. Director Tom Sullivan said that the positions taken in both his and Ann’s letters were overruled by the City Manager while he was out of the office. CONSENT CALENDAR (ITEM NO. 1 and ITEM NO. 2) APPLICATION #02-197 (CITYWIDE) – CITY OF SARATOGA: Adoption of a Resolution of Intent to amend the Saratoga Code as it relates to side yard setbacks. (SULLIVAN) APPLICATION #02-210 (CITYWIDE) – CITY OF SARATOGA: Adoption of a Resolution of Intent to amend the Saratoga Code as it relates to tree regulations. (SULLIVAN) Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Roupe, the Planning Commission approved Consent Calendar Items No. 1 and 2 by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: None ABSTAIN: None Saratoga Planning Commission Minutes of September 25, 2002 Page 5 *** PUBLIC HEARING - ITEM NO. 3 GATEWAY DESIGN GUIDELINES: Design Guidelines for the Saratoga-Sunnyvale Road Gateway have been prepared to guide new development in this district. The streetscape improvement plan has been adopted to address improvements within the public street right-of-way to create a new northern gateway to the City. The Guidelines provide direction for the redevelopment and mixed-use projects that introduce a component of residential uses within the Gateway district, as provided for in the General Plan Housing Element. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Reminded the Commission that this item had been brought before them for public input. Subsequently, the Commission directed staff to coordinate one more Task Force meeting and Commissioners Barry and Roupe were assigned to attend that meeting. • Advised that two additional Task Force meetings were actually held. At the first, the bulk of issues were worked out. At the second, the topic was mainly signage. • Stated that good solid discussion was had. • Advised that a summary was provided in the packet of the development standards with the June 6, 2002, final report. • Said that for the July meeting, all commercial interests were notified. • Stated that a table depicting proposed changes has been distributed and that both Co-Chairs were given a copy of the table in the lobby this evening. • Recommended that changes be made to either draft. • Described some specific staff-proposed changes as follows: • Page 2, Part I (Intro) – minor language changes on applicability. This proposed change has been agreed to by everyone involved. • Page 5, staff recommends that the Planning Commission policy requiring applicants to meet with neighbors be added. • Item 9, requires the inclusion of public amenities when they would not infringe on adjacent residential properties. Commissioner Barry asked about the maximum density of 20 units per gross acre in relation to a mixed-use development. Director Tom Sullivan: • Advised that the net site is considered not the gross and that the whole use of the lot, both commercial and residential components, would be considered. • Item 16, advised that a lot of discussion was held regarding encouraging businesses that are limited in size so as to be local serving as opposed to big box type commercial businesses. • Added that no property in the Gateway is large enough to accommodate a big box type business. Commissioner Kurasch asked where office uses would be permitted. Director Tom Sullivan: • Replied that office uses would be permitted either the first or second floor. This upholds the status quo. Saratoga Planning Commission Minutes of September 25, 2002 Page 6 • Page 8, staff suggested compromise language regarding the need for pedestrian connections and to promote/encourage shared parking where possible. Added that they are not talking about parking on one lot to patronize another lot but rather shared parking for mixed uses on one property, which is a fairly common planning and development concept. Commissioner Kurasch asked why #8 on page 8 was dropped regarding mitigating adverse impacts. Director Tom Sullivan: • Replied that the commercial folks thought it was onerous. Staff did not propose to add it back in because it is already covered in design review. • Page 9, #6, Buildings on Corners. Initially, there was a desire to have entrances and/or display windows on both facades. That was changed at the July meeting. Staff is proposing another change to include street frontage facades. • Page 10, #15, would call for visible and identifiable entrances. • #19 was slightly revised to include decorative paving materials. • Page 13, #5, Screening. In July the Task Force wanted to take out screening so buildings are visible from the road and parking lot. Staff is proposing that the site should be oriented to be a pedestrian friendly environment. • Page 14 – defines mature. Originally, a 20-foot deep rear yard buffer was required between commercial and residential lots. In July, that was changed to 5-foot. Staff proposes to return this to a 20-foot minimum requirement. Commissioner Kurasch asked what is now required between residential and commercial uses. Director Tom Sullivan replied that in the C-V Zone, the rear yard setback is a minimum of 30 feet, with 10-foot minimum side setbacks. In the C-N Zone, there are no minimum requirements unless the commercial property is adjacent to R-1 at which time the minimum setback requirement is 30 feet. Commissioner Kurasch asked if this precludes parking. Director Tom Sullivan replied correct except for a minimum five foot landscape buffer. Commissioner Roupe asked Director Sullivan to identify issues on which these Guidelines are more restrictive than existing Code. Director Tom Sullivan said issues such as landscape requirements to create screening, staggered setbacks for first and second stories where adjacent to existing single-story residential developments, which would have the second story portion of a building situated toward the center of the lot rather than to the front or rear. Commissioner Hunter said that she observed one office building with a 30-foot strip while another had a driveway at the rear near residential uses. Director Tom Sullivan said that there is the ability to close the rear parking lot in that building in the evenings and on weekends. Commissioner Hunter asked if a 20-foot buffer is required. Saratoga Planning Commission Minutes of September 25, 2002 Page 7 Director Tom Sullivan replied no. He added that 30-inch box trees would create screening within five years. The landscape requirement is that the parking lot be 50-percent shaded within so many years. Commissioner Garakani pointed out that no balconies or windows would be permitted at the second story on sides and inquired about the rear. Commissioner Kurasch asked whether there are any side abutting residential properties to commercial. Director Tom Sullivan advised that he has told the consultant that his job is done and staff will take it from here. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 8:02 p.m. Ms. Zoe Alameda, Owner, Saratoga-Cupertino Funeral Home, 12341Saratoga-Sunnyvale Road, Saratoga: • Said that she has served on the Task Force since 1995. • Thanked Tom Sullivan for his leadership, adding that he has a hard job and has done it wonderfully. • Complimented Commissioners Barry and Roupe. • Added that all involved staff have done a good job working with everyone and achieving compromise. • Said that she is happy with what has been developed. • Said that she is pleased to obtain reassurance that in the event that her business burned down, she will be able to rebuild. • Acknowledged that if the property is to be more than 50 percent redeveloped, these new development rules would kick in. • Thanked everyone involved. Mr. Al Saah, 1220 Saratoga-Sunnyvale Road, Saratoga: • Expressed appreciation to Tom Sullivan and Commissioners Roupe and Barry. • Stated that this has been a difficult process and that many alterations have been made to the draft guidelines. • Said that some things have been removed that were unfair, namely the requirement for a 20 foot buffer between single-family and commercial properties. • Added that this causes a great deal of property to be unusable. • Asked Director Tom Sullivan to come to his property to review the benefits and/or disadvantages. • Declared that in his case, this 20-foot buffer would be a taking and is excessive and would require landscaping and ongoing maintenance of that landscaping. • Added that under Code, the required buffer was five feet, which is how his building was built and that he believes that this five-foot buffer is enough. • Suggested that if the 20-foot buffer were to be required, parking should be allowed there. • Cautioned that this would have great ramifications. Commissioner Roupe said that Mr. Saah’s point is well taken and will be taken under consideration during the Commission’s discussion. Commissioner Kurasch asked what the buffer requirement is currently. Saratoga Planning Commission Minutes of September 25, 2002 Page 8 Director Tom Sullivan replied five feet although it is not always applied. Commissioner Garakani suggested supporting the 20-foot recommendation. This could always come back to the Commission for change. Director Tom Sullivan pointed out that these guidelines would only be used when more than 50 percent of a property is redeveloped and that an applicant can always ask for an exception due to hardship. Commissioner Hunter asked whether a 20-foot setback would be imposed on a commercial property in the future if a new house were to be built adjacent to commercial property. Director Tom Sullivan replied no. This requirement applies only regarding existing single-family residences. Mr. Bill Benevento, 12270 Kirkdale Drive, Saratoga: • Advised that he served on the Task Force. • Pointed out that current maximum heights for commercial properties is 20 feet and was proposed to be raised to 26 feet per the June 6th draft (Page 5, #10). On July 26th, the limitation of 18 feet maximum height for commercial properties adjacent to residential properties was also removed. With the change, it would be possible to have a 26-foot high structure located 20 feet away from existing residential properties. • Stated that setbacks should be greater than 20 feet. • Questioned what happed to the concept of privacy for adjacent residences, which are mostly single- story residences. • Said that allowing a 26-foot height would result in buildings overlooking into the backyards and homes of existing residents. • Pointed out that on Page 2, #10, the required landscape buffer has shrunk to just five feet while he understands that staff proposes to put it back to 20 feet. • Said that when he originally got involved, he was interested in how the entrance to Saratoga appeared but riders were added to the initial concept and he is uncomfortable with that fact. Commissioner Barry asked staff for a clarification on height issues adjacent to residential properties and potential privacy impacts. Director Tom Sullivan: • Said that on Page 6, Item #12, deals with mixed-use projects and #13 deals with commercial buildings. The transition of setbacks is still there. Mr. Jeff Walker, 20451 Seagull Way, Saratoga: • Said that he has not seen the table distributed to the Commissioners. • Said that he is not pleased with the current state of these guidelines. • Pointed out that he participated in 10 to 12 meetings on these guidelines but that they now reflect the interests of an overwhelming number of business owners and legal representatives. • Added that the guidelines do not reflect the goals of beautification of the entrance and/or signs. • Said that he recently took a walk in this area and found the signs there to be overwhelming. Commissioner Barry said that she too had noticed the proliferation of signs in the area. Saratoga Planning Commission Minutes of September 25, 2002 Page 9 Mr. Jeff Walker: • Said that these guidelines have gone from being more neighbor-friendly to being more business friendly. • Suggested that they be sent back to the Task Force with more balance in its composition. Commissioner Kurasch asked Mr. Walker what he would change. Mr. Jeff Walker said that the building setbacks between commercial and residential should be 30 feet both from the rear and side. Additionally, a 15-20 foot landscape buffer should be provided. Signage should depict character and be consistent. Commissioner Roupe said that signs would be addressed in a broader review that would be Citywide in scope. Commissioner Kurasch said that it appears no consensus has been reached per the report. Commissioner Barry said that issues such as lighting and signage are taken very seriously. Director Tom Sullivan reminded that the August 23rd Task Force meeting focused on signage and that some sign guidelines are included on pages 11 and 12 of the draft guidelines. Mr. Bill Guthrie, 20422 Seagull Way, Saratoga: • Said that setbacks and heights are his main issues. • Said he understood the City’s desire to allow denser development to improve the City’s retail tax base as well as to implement its Housing Element by enticing developers to build more housing. • Said that changes to underlying Code will have to be made to implement this plan and that extensive Zoning Code changes would also be required. • Advised that the C-V Zoning District has a requirement for a minimum rear yard setback of 30 feet with one additional foot added for each foot of additional height above 14 feet. In the C-N Zoning District, the minimum setback is 30 feet. Both Zones have a maximum 20-foot height at this time. • Suggested that it appears that setbacks and heights need to be carefully considered. Commissioner Kurasch asked Director Sullivan to address this. Director Tom Sullivan pointed to Page 27, Item #14, that states that underlying zoning is still enforced unless otherwise outlined within the Guidelines. Mr. Bill Guthrie said that many buildings in the area already have exceptions to existing Code and that exceptions should not be granted so easily. Commissioner Zutshi pointed out that buildings can have a maximum height of 26 feet. Director Tom Sullivan advised that a lot of properties back onto single-family single-story homes. For commercial uses adjacent to R-1, the side and rear setbacks would be 30 feet. Mr. John F. Mallory, 12258 Kirkdale Drive, Saratoga: Saratoga Planning Commission Minutes of September 25, 2002 Page 10 • Informed that he has resided in his home since 1967 and has been a City supporter and participant for 25 years. • Stated he is lucky to live in a community with high standards. • Advised that he joined the Task Force in 1995 and was again pleased to work on it until the project was put on hold. • Said that the Task Force was started again last year and he was glad to work on upgrading the area. • Advised that he is concerned with mitigating the impacts. • Said that he liked the consultant’s vision and style and that design meetings went reasonably well. • Suggested that the City needs an entrance it can be proud of, with design standards outlining new goals and development standards for buildings. • Added that things have not gone well in that respect and the group had trouble reaching consensus. • Informed that at the July meeting, only four residents participated while there were 24 commercial property owners. There were a lot of changes made without consensus. Letters from lawyers and tense communication focused discussions on protecting property, which did not have good concept for a Task Force with inconsistent representation. • Stated that there was not a strong commitment to focus on goals. • Added that there are unfinished items that need Planning Commission attention. Commissioner Barry asked Mr. Mallory if he has seen the table put together by staff depicting the various recommendations. Mr. John T. Mallory replied yes. Commissioner Barry asked Mr. Mallory what area or column he is dissatisfied with. Mr. John T. Mallory replied all. Chair Jackman asked staff what the Commission is to do this evening. Director Tom Sullivan replied that the Commission would forward the Guidelines to Council with recommendations. The Commission can elect to create a fifth column with its own recommendations. The Commission’s action is not final as the Council takes the final action. Another alternative is to continue this item to a date certain. Commissioner Barry suggested a continuance to a date certain and have the Commission create the fifth column to the extent possible this evening. Chair Jackman said that comments for a fifth column are possible but that perhaps a workshop would be a better venue as well as receiving written comments from the public. Director Tom Sullivan advised that the next action is for the Commission to take. Recommended a continuance to the November 13th meeting. Commissioner Hunter said that she hears the concerns expressed and has no problem continuing this item. Saratoga Planning Commission Minutes of September 25, 2002 Page 11 Commissioner Zutshi questioned the imbalance between commercial and residential property owners and how a better balance could be obtained. Mr. John T. Mallory replied that he was unaware of the additional meetings and had scheduled a vacation when they occurred. Ms. Zoe Alameda, 12341 Saratoga-Sunnyvale Road, Saratoga: • Reminded the Commission that the commercial uses along this street pre-existed the residences. Her funeral home has been on its site for 33 years. Therefore, people knowingly purchased their homes adjacent to existing commercial businesses. • Stated that signage will be addressed on a Citywide basis. Mr. Al Saah, 12200 Saratoga-Sunnyvale Road, Saratoga, suggested that a cost estimate and a study of the damages that could be caused by these guidelines should be considered when developing this fifth column to the table. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 8:52 p.m. Commissioner Kurasch suggested reviewing the columns one by one. Chair Jackman questioned whether it should be done this evening or later. Commissioner Roupe suggested a Study Session at which time each Commission would have prepared what they would like to have included on the fifth column. The hearing this evening can be continued. Commissioner Kurasch pointed out that a Study Session was held just last week. Chair Jackman pointed out that this was prior to public comment. Commissioner Roupe said that he is willing to continue discussion or set up a Study Session. Commissioner Hunter said that this is a process that the Commission needs time on and needs to slow down this process. Chair Jackman said that she too would like this item continued. Commissioner Roupe asked what would be done between now and the next Planning Commission meeting. Chair Jackman said a meeting to develop a fifth column. Commissioner Barry agreed and said that she would like to see the Commission’s decisions published as the fifth column and handed out. Asked if there are any comments on what has already been covered. Director Tom Sullivan stated that it appears the Commissioners want to draft a fifth column and provide copies to all participants. Saratoga Planning Commission Minutes of September 25, 2002 Page 12 Commissioner Garakani asked if the consultant could provide pros and cons on every specific impacted property. Director Tom Sullivan advised that he has neither budget nor staff available to do that level of detail or to keep the consultant working any longer. Commissioner Kurasch expressed support for a Study Session to generate another column and distribute that information. Director Tom Sullivan suggested that the Commissioners notify Kristin of available meeting dates for early October. Chair Jackman asked if the material could be posted on the Web site. Director Tom Sullivan replied sure. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission continued consideration of the Gateway Design Guidelines to its meeting of November 13, 2002, by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: None ABSTAIN: None Chair Jackman called for a break at 9:04 p.m. and turned the gavel over to Commissioner Kurasch since she resides within the notification area for the next agenda item and will have to recuse herself. *** Acting Chair Kurasch reconvened the meeting at 9:15 p.m. PUBLIC HEARING – ITEM NO. 4 APPLICATION #02-176 (Reconsideration of DR-01-006, TUP-01-003, UP-01-002 and related applications) (APN’s 397-22-017, 397-22-019, 397-2-015, 397-22-012 & 397-22-042) – SARATOGA FIRE DISTRICT, 14380 Saratoga Avenue and 20473 Saratoga-Los Gatos Road: Request for Conditional Use Permit, Design Review, Lot Line Adjustment and General Plan Conformity Determination for vacation and abandonment of George Whalen Way (City alley located behind the existing fire station) and transfer of Heritage Plaza property from the City to the Saratoga Fire Protection District for a new fire station with variations to setback and landscape standards. Existing fire station and building at 14380 Saratoga Avenue proposed to be demolished, temporary facilities proposed to be located at 20473 Saratoga-Los Gatos Road during construction of new fire station proposed for 14380 Saratoga Avenue. (LIVINGSTONE) Acting Chair Kurasch advised that one speaker has asked to speak immediately in order to leave for another meeting. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 4 at 9:15 p.m. Saratoga Planning Commission Minutes of September 25, 2002 Page 13 Mr. Daryl Ishizaki, Manager for Post Office Operations, San Jose: • Said that he has shared the Post Office’s concerns throughout the process and believes that they have been addressed to his satisfaction. • Advised that of particular concern are the five parking stalls located at the street, in front of the Post Office. They are firm in their requirement that these five spaces stay there in order to allow them to continue to provide quality service to the community. • Added that with that requirement met, they are willing to cooperate in support of the project. Commissioner Garakani asked if backing out from those spaces is even safe at this point. Mr. Daryl Ishizaki said that he has the same concerns but it is important to maintain access to these spaces. If there are modifications to the roadway, the stalls must be maintained in a safe manner. To remove these spaces impacts their ability to support this project. Commissioner Barry asked Mr. Ishizaki to provide the Post Office’s position in writing so that it would be on the record and prior to the next Public Hearing. Mr. Daryl Ishizaki said that the current project is acceptable outside of the possible loss of those five parking stalls and roadway modifications and he is willing to put this in writing. Commissioner Roupe asked that prior to the next hearing the Public Works Director address these five spaces and the future roadway projects. Mr. Daryl Ishizaki reiterated his agreement with the project with the two concerns met. Commissioner Zutshi said that her experience parking in those spaces has not been that good. Commissioner Hunter said that she uses this Post Office once or twice a week and backs out of these spaces without a problem. Stated that this is a wonderful Post Office and extended her thanks to Mr. Ishizaki for keeping it there. Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 4 at 9:25 p.m. Associate Planner John Livingstone presented the staff report as follows: • Pointed out that Page 6 is a duplicate and should be disregarded. • Advised that the City Clerk provided a list of names to be notified and staff called each one as well as sending notices. • Stated that an updated project traffic assessment was prepared. • Stated that the applicant is seeking a Conditional Use Permit, Design Review and Lot Line Adjustment for both a new and temporary fire station. • Suggested that this evening an initial review should be taken but that no final action be taken until the Mitigated Negative Declaration is finalized. It has not yet been approved by the Fire District. • Advised that the item should be continued to the October 9, 2002, meeting. The Public Hearing should be open tonight and speakers allowed to address the Commission on the proposal and the Commission can provide feedback. • Gave a background on this project. Saratoga Planning Commission Minutes of September 25, 2002 Page 14 • Stated that on September 5, 2001, Council denied an application for a new fire station at 14380 Saratoga Avenue. An Ad Hoc Committee was formed with representatives from many jurisdictions including the Fire District, Sheriff’s Office, County Administration, Federated Church, neighbors and representatives of the Planning and Public Safety Commissions. • Advised that on July 17, 2002, a Settlement Agreement was reached consistent with Scheme A. • Said that on August 7, 2002, the application was made for the reconsideration of this project by the Planning Commission. • Advised that at the next Planning Commission meeting, the Commission will be asked to act on two separate issues. The first is Design Review, Conditional Use Permit and Lot Line Adjustment for the new and temporary fire stations with variations in setback. The second is to make the determination on General Plan Conformity for the abandonment of the alley and the easement transfer to the Fire District. • Stated that the existing Contempo building would be demolished and a temporary fire station (module buildings) would be placed on that site. The existing fire station would then be demolished and a new fire station constructed. When the new fire station is completed, the module buildings would be removed and parking added onto the Contempo site. • Said that the abandonment of the alley and the transfer of Heritage Plaza property from the City to the Fire District and pedestrian easements on Saratoga and Saratoga-Los Gatos Road are also part of this project. • Declared the project to be in character with the neighborhood, incorporating a Julia Morgan style architectural design and using material that fit into the area. The new fire station will be pulled back significantly from the road to improve sight distance. • Described the parking requirements under Code to be one space for each employee. There are a total of 24 employees. There would be 18 parking spaces on Fire District property with an extra six spaces in the additional parking lot where the Contempo building is currently located. Ten public parking spaces will be provided. • Stated that draft resolutions have been provided and that necessary findings can be made for General Plan conformity and for the Use Permit. • Recommended that the Commission allow public comment and continue this item to October 9, 2002, to allow the finalization of the Mitigated Negative Declaration. Commissioner Barry asked that all three traffic reports prepared for this project be provided by the next meeting, including the one done by CalTrans. Associate Planner John Livingstone said that he could obtain copies. Added that staff has suggested the Fire District hire its own Traffic Report due to the City’s involvement with the Traffic Engineer who prepared one of the reports for the City. Commissioner Roupe asked staff to have the differences between the three reports drawn out. Associate Planner John Livingstone: • Said that a consulting Traffic Engineer would review Fire’s traffic report on the City’s behalf. This consultant prepared the Traffic Report for the Ad Hoc Committee. • Stated that the General Plan conformity on the easement, roadway and transfer of property would be forwarded to Council with a recommendation by the Commission. Commissioner Garakani asked if the alley is City-owned land. Saratoga Planning Commission Minutes of September 25, 2002 Page 15 Associate Planner John Livingstone replied that it is public right-of-way. Commissioner Garakani asked if land is being swapped. Director Tom Sullivan said that other considerations are being provided including moving the monument arch and 10 permanent public parking spaces. Acting Chair Kurasch asked about the difference between a Variance and variations of standards and why exceeding standards is necessary. Associate Planner John Livingstone replied that they are necessary to develop the best possible fire station for the public’s safety. Commissioner Roupe discussed the 10 parking spaces and substantial improvement of the intersection and made the point that these issues have been decided as part of the Settlement and therefore the Commission has no authority of fuss around these details. Associate Planner John Livingstone agreed that these are directly from the Settlement. Commissioner Hunter expressed support for achieving the best fire services possible for the community. Commissioner Garakani asked for ways to assure these 10 public parking spaces. Associate Planner John Livingstone stated that there would be a legal agreement prepared by the City Attorney. Commissioner Garakani pointed out page 3 of the staff report, which depicts the maximum proposed lot coverage as being 29.6 percent out of a maximum allowable of 30 percent. Said that upon review of page 2 of the plans, the building represents 32 percent of lot coverage with 8,987 square foot building lot coverage on a 30,274 square foot lot while the actual fire property is only 27,917 square feet. Questioned which figures are correct. Associate Planner John Livingstone advised that the 27,917 square foot lot does not include the alley. With the alley, the total lot is 30,274 square feet. He added that several agreements will have to be finalized with the Post Office, Fire District, Church and City. Commissioner Barry asked if the Commission could call out these required agreements in the findings. Associate Planner John Livingstone replied that they are included in the Conditions of Approval. Commissioner Barry asked if one agreement fails to be finalized would this approval be null and void. Director Tom Sullivan replied yes. Commissioner Garakani asked if a survey could be provided. Saratoga Planning Commission Minutes of September 25, 2002 Page 16 Associate Planner John Livingstone said he could provide revised plans. Commissioner Garakani said he prefers to see the survey. Associate Planner John Livingstone said that this could be provided at the next meeting. Acting Chair Kurasch said with 18 on-site parking spaces for fire staff and 6 off-site parking spaces, where would the 10 public spaces be located. Associate Planner John Livingstone replied that spaces 17 through 26 are labeled on page 4 of the plans. Acting Chair Kurasch reopened the Public Hearing for Agenda Item No. 4 at 9:55 p.m. Ms. Mary McGrath, Representative of the Fire District: • Described the phases of the project. • Phase I includes the current conditions and the plan to bring two modular buildings onto the Contempo site to house the temporary fire station. Additionally, a temporary shelter/cover would be installed for the apparatus. The curb ramp at the alley exit would be reconfigured to Saratoga for greater public safety. A total of 24 parking spaces would be provided. A variation on rear setbacks is required to place the temporary shelter for the apparatus. The construction period for the new fire station will extend for 12 to 14 months. • Phase II includes moving the monument, demolition of the existing fire station, closing the alley and the temporary relocation of the Post Office drop box. Described the site easements as including an 8 foot pedestrian/bike easement, a 7.5 foot water utility line easement that the Water District intends to vacate, an access easement for water and phones that will stay in place and 10 public parking spaces permanently dedicated to the City. Said that in the future, the Federated Church hopes to purchase a portion of the Contempo property to provide additional parking and access for the church. Additional components of Phase II include the landscaped pedestrian plaza, a new right turn lane from Highway 9 onto Saratoga, the widening of Saratoga for an additional travel lane with the Fire District to pay for curbs, gutters and sidewalks and a new apron area for the fire station. • Stated that the total site as 30,274 square feet with a building footprint consisting of 8,987 square feet for a total lot coverage of 29.6 percent. • Stated that porous pavers and drainage basin are included to provide natural water drainage. Commissioner Garakani said that he finds it difficult to combined two unconnected parcels when evaluating this project’s lot coverage. Ms. Mary McGrath: • Described plans for site circulation, including plans to relocate the Post Office drop box, a plan to reverse the alley to improve traffic, plans for the sale of a portion of the Contempo site in the future to the Church with an agreement to provide six parking spaces to the fire station and improved access for Post Office parking. • Stated that the total building consists of 15,435 square feet (within a basement, first and second floor) and will incorporate four bays with three front line response vehicles with a goal to use a Julia Morgan style vernacular. Saratoga Planning Commission Minutes of September 25, 2002 Page 17 Commissioner Roupe asked where the mail drop would be moved temporarily. Ms. Mary McGrath replied to the right of the temporary fire station. Commissioner Roupe asked if this placement of the Post Office mail drop could interfere with the operations of the fire station. Ms. Mary McGrath stated that there is a doublewide access and that vehicles could go by. Commissioner Garakani asked about the proposed generator. Ms. Mary McGrath advised that this generator would be located eight feet underground. Commissioner Garakani said that this is good. Commissioner Barry asked about the concerns expressed by the Post Office official about the front parking. Ms. Mary McGrath said that this project does not interfere with those parking spaces. When the road is widened and restriped, it may interfere. Commissioner Barry pointed out that the road widening is related to where the fire station is placed. Ms. Mary McGrath said that it is the City that wanted the street widened not the Fire District. Director Tom Sullivan said that the Public Works Director could address these public improvements as he would be in attendance at the next meeting. Acting Chair Kurasch expressed concerns about a switch in direction of one-way alley use and suggested that access be permitted from Highway 9 to reach the public parking as well as the drop box. Ms. Mary McGrath said that the alley would be accessed from Saratoga. She said that Highway 9 was really studied and it was determined that the alley egress and circulation is less likely to be blocked by traffic on Saratoga than Highway 9 and its busy intersection. Commissioner Hunter questioned the plans for the number of colors for the freeze band tiles. Ms. Mary McGrath said that they are open to suggestions on colors for the tiles. Commissioner Hunter offered Oak Street School as a good example. Commissioner Garakani asked about the roof color. Ms. Mary McGrath replied red tile with different hues. Acting Chair Kurasch asked about public parking accessibility and proposed a no exit sign from the alley to Saratoga but a two-way entrance at Highway 9. Saratoga Planning Commission Minutes of September 25, 2002 Page 18 Ms. Mary McGrath said that she would have to study that suggestion. Chief Ernie Kraule, Saratoga Fire, introduced the Fire District’s Attorney. Mr. Hal Toppel, Attorney for Fire District: • Stated that the Post Office parking in front is not a subject of this application. • Said that he had comments on a few of the Conditions. • Suggested that the condition requiring a monthly newsletter to be distributed to area residents with construction updates, be modified to quarterly and asked for clarification on the intended targeted circulation. • Said that Condition 9 needs to be clarified. While the Fire District is negotiating with the Church for the sale of the Contempo property, no agreement has been reached. Commissioner Barry asked if the Fire District is prepared to have an alternative design ready that shows the Fire District retaining the Contempo parcel in the event that it is not sold to the church. Mr. Hal Toppel, Attorney for Fire District, said that this is possible. Commissioner Barry asked what would occur until that time. Mr. Hal Toppel, Attorney for Fire District, said that until it is sold, the Fire District owns it all. Associate Planner John Livingstone stated that staff agrees with the applicant on Condition 9. Mr. Hal Toppel, Attorney for Fire District, said that the church needs the access it would gain with the purchase of the Contempo parcel and the Fire District needs the money that would be generated from the sale. Asked that Condition 10 be deleted since the City is doing that. Associate Planner John Livingstone suggested that a letter requesting these proposed changes be provided so staff can work with the City Attorney. Mr. Hal Toppel, Attorney for Fire District: • Said that they are working on a bond for planting landscaping and relocating the trash enclosure for the Post Office. • Stated that Condition 25-L, which calls for improvements to the signal has not yet been agreed upon but they hope to have this issue resolved by the next meeting. • Said that pertaining to Condition 27, they are willing to indemnify the City against third parties but not itself. • Asked that the project be approved at the next meeting. Associate Planner John Livingstone said that feedback on Condition 8 is required. The applicant is making improvements to the trash enclosure on Post Office property. Acting Chair Kurasch reiterated that the necessary agreements need to be finalized to move forward. Mr. Hal Toppel, Attorney for Fire District, suggested that this is work for the City. Saratoga Planning Commission Minutes of September 25, 2002 Page 19 Commissioner Roupe expressed agreement with the reduction in newsletter frequency from monthly to quarterly and suggested a distribution within 500 feet. Commissioner Hunter suggested that the information provided should be much like the information circulated by the School District on the bond issue. Mr. Hal Toppel, Attorney for Fire District, said that the Fire District already sends out a regular newsletter to the community. Commissioner Hunter agreed that the newsletter does not need to be monthly. Commissioner Garakani suggested that an ad in the Saratoga News might be a means of communicating with the public. Mr. Hal Toppel, Attorney for Fire District, said that an ad would not allow sufficient detail. Commissioner Barry clarified that the intent of the newsletter requirement is to provide information on construction related activities. Commissioner Hunter pointed out that the entire community would be impinged upon during construction. Mr. Robert Egan, 14890 Montalvo Road, Saratoga: • Identified himself as a Fire Commissioner. • Thanked staff and reminded the Commission that the voters approved a bond for a new fire station. • Expressed need for a safe and efficient fire station and that the Task Force worked on the project and Plan A has been approved. This plan was reviewed with citizens to make this an ideal fire station for the community. It was also reviewed with each shift. • Cautioned that delays are costing hundreds of thousands of dollars to the project. The longer it takes, the more costs go up. • Asked the Commission to take into consideration the amount of work undergone to come up with this proposal. Mr. David W. Dolloff, 20685 Seagull Drive, Saratoga: • Said that he served on the Ad Hoc Committee and never received notification of this evening’s Public Hearing, which he finds incredibly negligent. • Said that he never approved Plan A but rather supports Plan D. • Pointed out that three traffic engineers have prepared reports, one from CalTrans, one for the City and one for the Fire District. All three stated that there would be access and egress problems. • Suggested that CalTrans verification is necessary before the project goes forward. Acting Chair Kurasch asked Mr. Dolloff for his comments on the proposed changes in circulation on site. Mr. David W. Dolloff said that during construction there is the ability for engines to go out on Highway 9. Said that it is critical to work with the Post Office. If the Post Office says no, the whole thing goes down the tube. Saratoga Planning Commission Minutes of September 25, 2002 Page 20 Mr. John Keenan, 22215 Mt. Eden Road, Saratoga: • Said if the staff had not requested a continuance he would have proposed one since he just learned of this hearing two days ago. Mr. Preston Wisner, 20400 Saratoga-Los Gatos Road, Saratoga: • Said that he is with Our Lady of Fatima Church and served as Treasurer of the Bond Measure for this new fire station. • Asked that the Commission approve this project at its October 9th meeting. • Said he does not see an egress issue and that there is no history of a problem. • Agreed that the longer the delay, the more costs incurred. Mr. Arvin Engelson, 20381 Seagull Way, Saratoga: • Said he is affiliated with Federated Church and served on the Ad Hoc Committee. • Said that the Church is prepared to enter into an agreement for six parking spaces during construction and is interested in the future purchase of about 40 percent of the Contempo parcel. • Added that in the future, they would love to develop underground parking for about 80 cars on the Contempo property. Mr. Gordon Duncan, Assistant Fire Chief: • Said that the orientation and direction of circulation for the alley has been looked at in great length. • Said that they could technically respond in either direction if it became necessary. • Added that if they should ever be prevented from leaving the site, they would call communications and get another station to respond. • Said that he had asked for FACT meeting notification and never received any. Mr. Bob Egan said that he has met with CalTrans and they are very supportive of this proposal. Commissioner Barry asked if documentation of that fact could be provided. Mr. Bob Egan said he would obtain that support in writing. Acting Chair Kurasch said that this would be helpful. Acting Chair Kurasch reclosed the Public Hearing for Agenda Item No. 4 at 10:50 p.m. Acting Chair Kurasch said that the Commission needs to formulate its feedback. Commissioner Barry thanked all for their presentations. Commissioner Hunter stated that Mary McGrath’s presentation was marvelous. Commissioner Roupe asked staff to carefully look at structuring the Conditions to take into consideration the number of players (Church, Post Office, CalTrans, etc.) involved since he does not want to see this project come undone if one of the agreements does not come to pass. Acting Chair Kurasch agreed that future agreements may need to come sooner rather than later. Saratoga Planning Commission Minutes of September 25, 2002 Page 21 Commissioner Roupe said that it is reasonable to have CalTrans comments in writing. Commissioner Garakani said that he has a problem hearing that the Post Office parking considerations for the five streetside parking stalls are not relevant. Commissioner Hunter said that the City could consider the accident record. Added that it is vital, once a bond passes, to have the project go forward. Stated that she hopes the Commission can make up its mind at the October 9th meeting. Commissioner Garakani said that he agrees but is concerned that the Post Office streetside parking may already be unsafe. Commissioner Hunter pointed out that this Post Office is open from 12 noon to 4 p.m. prior to heavy traffic in the area. Commissioner Garakani cautioned that he does not want to see a death occur before corrective action takes place. Commissioner Roupe stated that Public Works would look into this matter. Reminded that the Post Office representative made it clear that their support for this project depends upon the retention of these five parking spaces. A definitive answer on those parking spaces is needed by the next meeting. Commissioner Garakani questioned whether there is any way to combine the two lots so they are one parcel. Commissioner Barry asked if he means legally or physically. Asked if the concern is that the second parcel not be sold separately in the future and developed. Commissioner Garakani pointed out that the permit is being based upon 29 percent lot coverage on two unconnected parcels. Commissioner Barry asked if there is a way to get past this legal issue. Associate Planner John Livingstone said that the Fire District’s attorney could address a way of dealing with this issue. Acting Chair Kurasch reopened the Public Hearing for Agenda Item No. 4 at 10:57 p.m. Mr. Hal Toppel, Attorney for Fire District, said that they are separate parcels but that some sort of covenant will tie the parcels together legally but not physically to assure the provision of parking spaces for the fire station site. Acting Chair Kurasch reclosed the Public Hearing for Agenda Item No. 4 at 10:58 p.m. Acting Chair Kurasch stated that usually parcels are not separated. The coverage is based upon an aggregate. When you look at one lot, it represents 80 percent coverage. Suggested that the agreement be crafted by the next meeting and that a land survey be provided. Finally, a study should be done on the potential of reconfiguring the parking access for the public. Saratoga Planning Commission Minutes of September 25, 2002 Page 22 Commissioner Roupe stated that the Sheriff’s Office has not been heard from. Director Tom Sullivan replied that the Sheriff is moving in a direction to solve their own parking problem. Acting Chair Kurasch stated that actual architectural comments would be discussed at the next meeting. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Roupe, the Planning Commission continued consideration of the Fire Station project to its meeting of October 9, 2002, by the following roll call vote: AYES: Barry, Garakani, Hunter, Kurasch, Roupe and Zutshi NOES: None ABSENT: None ABSTAIN: Jackman *** Acting Chair Kurasch returned the gavel to Chair Jackman at 11:05 p.m. DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Tree Committee Director Tom Sullivan advised that the draft of the revised Tree Ordinance is 95 percent complete and will be agendized for the October 23, 2002, meeting. Timing of Site Visits Commissioner Garakani said that he couldn’t make 2:30 p.m. site visits. Chair Jackman suggested returning to 3 p.m. site visits. Commissioner Barry said she is willing to try mornings. Director Tom Sullivan suggested that the Commissioners try the next site visit at 10 a.m. Housing Tour Commissioner Hunter said that she and Chair Jackman would be participating on an Affordable Housing Tour on Friday, September 27th. Business Development Meeting Saratoga Planning Commission Minutes of September 25, 2002 Page 23 Commissioner Hunter announced the new Business Development website that can be accessed via saratoga.ca.us. Library Tour Commissioner Zutshi announced a Library construction tour on October 2nd. COMMUNICATIONS There were no communication items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 11:16 p.m. to the next regular meeting set for Wednesday, October 9, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk