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HomeMy WebLinkAbout06-23-1999 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES WEDNESDAY, JUNE 23, 1999 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting ------------------------------------------------------------------------------------------------------------------------- Chairwoman Bernald called the meeting to order at 7:31 p.m. Roll Call: Present: Commissioners Jackman, Kurasch, Page, Patrick, Waltonsmith and Chairwoman Bernald Absent: Commissioner Roupe Staff: Director Walgren Pledge of Allegiance Minutes - June 9, 1999 COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE THE JUNE 9, 1999 MINUTES WITH THE FOLLOWING AMENDMENTS: - Page 3, last paragraph, correct the name of Jeffry Heid. - Page 4, paragraph 2, line 6, replace the word fisher with fissure. - Page 7, replace the word envelop with envelope (replacing this word as used throughout the document). - Page 8, paragraph 1, sentence 9, replace the word at with into. - Page 10, paragraph 1, line 1, replace the word what with how; and line 8, replace the word of with off. - Page 11, paragraph 3, line 2 amended to read: "The motion failed 3-3 as follows: AYES: Bernald, Roupe, Page;..." - Page 12, first paragraph, line 4 amended to read: "...would not automatically be granted..." - Page 18, paragraph three, line 2, replace the word mayor with major. - Page 19, last paragraph, last sentence, replace the word amended with amendment. - Page 21, last paragraph, line 1, replace the word concerned with concurred. THE MOTION CARRIED 5-0-1 WITH COMMISSIONER JACKMAN ABSTAINING AND PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 2 - COMMISSIONER ROUPE ABSENT. Oral Communications Chris Hawks, 20390 Blauer Drive, stated that at a City Council hearing, individuals were cautioned to separate the issues of individual tenants versus the problems with the Argonaut Shopping Center as a whole. He addressed the problems associated with the shopping center as they relate to the uses. He said that the neighbors have no idea what shops are going into the shopping center. He said that in the original proposal, there were uses assigned to all of the individual shop areas. History has shown that the developer has no intention of pursuing the particular uses for these particular spaces. While the neighbors support the needs of a commercial developer to arrange the shops as he sees fit, there is concern when uses change from a relatively benign neighborhood use (i.e., barbershop, travel agency, Chinese Restaurant) to high intensity uses. He did not know how the Commission could make decisions on individual conditional use permits when it has no idea what the surrounding uses are going to be. He felt that the developer was coming before the city and requesting all high intensity, non-neighborhood friendly uses, one at a time. He requested that the city approach the developer and let him know that conditional use permits for high intensity uses will be held up until he provides the city with an overall plan for the type of uses that are to go into the various spaces and further recommended that the developer be held to the identified and approved uses. Mark Kocir, 12855 South Highway 9, said that it was his understanding that in the commercial- residential zoning district, the maximum building height is 20 feet, noting that the Safeway building is at 30 feet with the towers in the front at 35 feet. He requested copies of the meeting minutes that granted a variance to the building height. He said that the neighbors have not felt that full impact of the lighting structure from the Argonaut Shopping Center. He noted that his residence is directly across the street. He said that other neighbors have had bright lights blaring into their yards. He asked if the lighting proposed would also blare lights into his residence? Also, the illumination of the signage is of concern. He asked if the lighting from the sign is going to be turned down or toned down after some of the stores are closed? Director Walgren said that in 1996 when the Planning Commission reviewed the renovation plans for the Argonaut Shopping Center several public hearings before the Planning Commission and the City Council were held where the details, including the building height, were discussed. The additional height over 20 feet was not a variance but was approved as part of the conditional use permit. The height was approved in order to match the existing Safeway and Longs buildings that were already over 30 feet in height. He indicated that the city has a complete record, including the initial staff report analysis of the conditional use permit, and that they are available to the public. At that time, the applicant was asked specifically as to the future tenants of the center. The developer responded that other than Longs and Safeway, they could not commit how many of their existing tenants would retain their leases or how many uses would turn over in the future. Regarding the types of uses that the Planning Commission can expect to see in the shopping center, he noted that the zoning is commercial-neighborhood that encourages neighborhood serving businesses such as a coffee shop versus a furniture store that draws individuals outside of the area. He said that juice bars would be consistent with the existing zoning. Professional offices are permitted but are discouraged PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 3 - in the commercial-neighborhood zoning district because it encourages retail and service type uses versus less pedestrian oriented type office uses. The zoning district would not allow large box, retail regional serving use. Regarding the exterior lighting, he said that the lighting that was referred to just came to his attention last week. He said that the lighting was meant to be an architectural detail lighting on the south end of the building. Following the City Council meeting, he discussed the lighting with the project manager/architect. The architect stated that the intensity of the lighting was a surprise to him as well and indicated that he plans to replace the light bulbs with a less intensive light bulb. He informed the Commission that at the City Council meeting held last week, two council members requested a meeting with the property owner to discuss other broader issues surrounding the Argonaut Shopping Center. He informed the Commission that the sign program allows for the illumination of all signs. However, a condition of the Starbucks' use permit was that the signs not be illuminated. He said that this condition would apply to other uses as they apply for their sign permits at the south end of the building so that they are not illuminating. No other comments were offered. Report of Posting Agenda Director Walgren stated that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 18, 1999. Technical Corrections to Packet Director Walgren indicated that there were no technical corrections to the packet. CONSENT CALENDAR PUBLIC HEARINGS 1. UP-99-008 (393-01-041) - JAMBA JUICE, 12868 Saratoga-Sunnyvale Road; Request for Use Permit approval for a 1,228 sq. ft. juice bar with both indoor and outdoor seating in the Argonaut Shopping Center. No new construction or expansion is proposed. The property is located within a Commercial-Neighborhood zoning district. ---------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report and informed the Commission that this request is similar, in a smaller scale, to the Starbucks Coffee Shop on the adjoining site. The Commission found that the Starbucks Coffee Shop met the objectives of the commercial-neighborhood zoning district and that it was a local neighborhood/retail serving business, consistent with the zoning. The Commission also felt that the outdoor seating was an attractive amenity to the center that would encourage pedestrian usage, vitality and interest to the shopping center and should not result in additional traffic or noise impacts. He recommended approval of the conditional use permit request as a result of the City Council's deliberation on the Starbucks' conditional use permit. Staff felt that it was reasonable to include the range of requirements on this business consistent with the Starbucks' application that includes restricted hours of operation as noted on page 4 of the staff report, with the requirement that the outdoor seating be brought in at dusk, year round. Staff also PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 4 - required that a maintenance plan be developed and reviewed by planning staff before permits are issued to make sure that litter and debris are not accumulating and that the site be kept in a reasonable condition. He said that a master sign program was approved by the Planning Commission for the site. Sign details for Jamba Juice were not submitted as part of this application. Once the sign proposal is submitted, it can be approved administratively if it is consistent with the overall sign program for the center. He stated staff's support of the approval of the conditional use permit with the conditions contained in the resolution of approval. Commissioner Waltonsmith requested that staff address the City Attorney's memorandum distributed to the Commission this evening. Director Walgren said that concerns were raised at the site visit whether or not Jamba Juice, as a business, serves unpasteurized juices and the health impacts that might be relevant to the application. He said that the zoning ordinance for this district establishes permitted and prohibited uses. Restaurants or food service businesses similar to this use require the approval of a conditional use permit so that the hours of operation and deliveries can be reviewed as well as other activities that might generate more impacts than a strictly retail use. He said that his first reaction was that the type of food product was beyond the scope of a conditional use permit where the Commission would be reviewing traffic, light, noise, and similar impacts. He requested that the City Attorney consider the request and the impacts of serving unpasteurized juices. It was also the City Attorney's recommendation that the Commission focus its review on the land use issues as the issue of serving pasteurized/unpasteurized juices was beyond the scope of the Planning Commission's authority. The City Attorney makes the point that if the city wants to regulate this type of food service beyond what the County Environmental Health Department is already regulating, the city would need to develop the studies and adopt an ordinance prior to an application similar to this being submitted (i.e., adopting of an ordinance that would dictate what kind of food service could occur and what types could not occur). Commissioner Waltonsmith said that it was her interpretation that the City Attorney is stating that the Commission cannot deny a use permit to a company because of the sale of unpasteurized juice but that the memo does not state that the Commission could not ask the applicant to make a statement as to the nature of the business. Director Walgren agreed that the Commission could require a statement as to the nature of the business. Commissioner Kurasch inquired as to the differences between neighborhood-commercial and the general commercial zoning district. Director Walgren said that the general plan language is brief on the matter, noting that so little of Saratoga’s land is zoned commercial. He identified the various types of commercial zoning districts (i.e., commercial visitor, commercial neighborhood, commercial historic). He said that this particular center is zoned commercial-neighborhood, encouraging neighborhood serving commercial uses. Chairwoman Bernald opened the public hearing at 7:55 p.m. Susan Sablan, construction manager for Jamba Juice, informed the Commission that Jamba Juice is a San Francisco-based company started in 1991. The focus of the company is to provide a healthy alternative to fast foods. All products are pasteurized except for the orange juice which is made fresh as ordered. She stated that she concurred with the conditions of approval, including the hours PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 5 - of operation. She said that the use may not be open to 10:00 p.m. on the weekends but that Jamba Juice representatives did not want to come back to reapply for additional hours. She did not have a problem with the delivery schedule. She said that an issue raised by one of the neighbors at an open forum was the concern of trash and litter. She provided the Commission with an exhibit from the landlord that depicts where the trash receptacles are to be placed, noting that two trash receptacles are located within five feet of Jamba Juice's front door. She felt that the use would be supported by the community and that it was important to have the support of the neighbors as well. Commissioner Waltonsmith requested additional information regarding the unpasteurized juices. Ms. Sablan informed the Commission that all concentrated juices are pasteurized. She said that the Food and Drug Administration does not require that fresh orange juice, wheat grass or carrot juices be pasteurized as it is made fresh and is not allowed to sit to give bacteria the opportunity to grow. She informed the Commission that she is working with Santa Clara County Health Department staff to exceed their standards. Commissioner Patrick said that the two trash receptacles located in the front of the business is not her concern. She asked how often the trash containers are emptied so that the trash cans are not overflowing? Ms. Sablan stated that it would be a poor business practice to allow trash to overflowing or be thrown on the ground. She said that it would be the intent to keep the front of the store clean and the trash receptacles emptied on a regular basis. Commissioner Kurasch asked how this store front was selected? Ms. Sablan informed the Commission that the site was picked prior to her coming on board nine months ago. She said that it was her understanding that this was a site that was offered by the landlord. Laurie Girand, 21421 Saratoga Hills Road, informed the Commission that she is the mother of a child who was poisoned by drinking unpasteurized Odwalla brand apple juice in the fall of 1996. She requested that the Commission give Saratoga consumers a fair chance in evaluating the risk from Jamba Juice's products. She requested that the city require that Jamba Juice post the FDA's warning in their store that children, elderly, and individuals with weakened immune systems should not drink unpasteurized juices should a use permit be granted. She felt that Jamba Juice was marketing their healthy portable meals, expanding to over 100 stores in four states, locating adjacent to Starbucks. She said that with unpasteurized juice, bigger is not always better because the volume of fruit going into a machine increases the risk of contamination. As a juice producer increases the amount of juice that it produces, it has to get more fruit. When businesses are expanded so quickly so that all the decent juice grade fruits are taken, you have to find other sources of fruit, sometimes lowering the quality of fruit. Because Jamba Juice and its insurers know that there is a danger, they have begun pasteurizing all of their concentrates, including apple juice. However, they are still selling unpasteurized wheat grass, carrot and orange juices. The people most at risk from this type of illnesses are children, seniors, and pregnant women. She felt that the members of Saratoga's community deserve to know the FDA's advice, yet the FDA has not been able to find a way to label juices sold by the glass. If Jamba Juice were completely honest with its customers, she would have no reason to be here tonight. They are not informing the elderly that unpasteurized juices can kill them. Instead, they are promoting their product as healthful. Prior to granting a use permit, she urged the Commission to visit another Jamba Juice site to see the quality of fruit that is being used PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 6 - and how none of the workers use gloves when handling produce going into a drink. If the Commission is unable to require that Jamba Juice post signage with the FDA warning, she said that she would personally picket outside the latest expansion to ensure that everyone patronizing the business knows that her family was affected by unpasteurized juice and the fact that it can maim and kill. She distributed copies of the FDA's warning label press kit and requested that they be entered into the record. Commissioner Waltonsmith requested clarification of the chart displayed entitled "Identified Unpasteurized Juice Outbreaks/Recalls." Ms. Girand indicated that the chart represents only United States outbreaks in the last 10 years. She said that the chart excludes outbreaks from unpasteurized apple juice. She said that orange juice is more often associated with salmonella outbreaks. The two unknown outbreaks typically represent viruses that are transmitted by workers handling the products as opposed to bacteria coming from the fruit. Botulism is the problem associated with carrot juice. She distributed the FDA's standard warning about raw juices. She said that FDA requires that warning labels be carried on unpasteurized packaged bottled juice. It is not believed that juice bars are big business and that a specific outbreak has not been traced to a juice bar to date. Chairwoman Bernald noted that the issue before the Planning Commission is that of land use. She said that she appreciated hearing and accepting information relating to unpasteurized juices. However, the city attorney has advised the Commission that it has to deal with land use issues. Chris Hawks, 20390 Blauer Drive, stated that he attended the meeting hosted by Jamba Juice representatives on Monday. He said that he viewed Jamba Juice as a neighborhood-oriented store. He said that he has difficulty in anyone presuming that Starbucks was looking for neighborhood traffic as they are looking for traffic from Saratoga-Sunnyvale Road and to some extent, Jamba Juice is looking for the same clientele to share. He felt that the shopping center is changing from a neighborhood shopping center to a high intensity commercial use. He stated that in the parking and circulation report, it states that a mix is anticipated and asked where the mix is coming into play? He noted that Jamba Juice has known for nine months of this site. He requested that the city ask what other future uses are proposed as it is the neighbors' belief that the developer knows what uses will be going into the shopping center in the future. He noted that Starbucks came in later to intensify the use by requesting and receiving approval of an outdoor seating area. He requested that no additional use permits be granted until the facts are known. He said that under staff's recommendation, it states that you can call up a use permit at any time. He did not believe that this was the case. He said that at the time that the shopping center was a "dump" the use permit was not called up. He said that the neighbors no longer trust that there is anyone in the city that is looking out for the neighbors. Commissioner Waltonsmith asked if Mr. Hawks has tried to find out what other future users would locate in the shopping center? Mr. Hawks responded that the neighbors have continually inquired as to the proposed uses that could locate at the shopping center and said that no one has been able to answer this question. Director Walgren informed the Commission and the public that the City Council will be speaking PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 7 - directly to the property owners. He said that in 1996, when the property owners were asked directly who the future tenants would be, they stated that they could only commit to Safeway and Longs but that they could not commit to any other tenants as they were going to negotiate leases with tenants in the upcoming years. He said that staff became aware of Jamba Juice and Starbucks when these businesses called city hall to find out what permits were required by the city. He said that he has heard a rumor that a video store is considering locating in the center. However, no one has contacted the city regarding this use. Should the City Council be able to obtain additional information from the property owner, he was sure that the City Council would make this information public. He stated that the city recently called up a conditional use permit for a coffee shop that was roasting coffee in unauthorized times. He clarified that there was no pre existing conditional use permit for the Argonaut Shopping Center. Therefore, successful outlets such as a Gap clothing store would not require a public hearing. He noted that the shopping center is an existing center and that the city is considering tenants for the individual spaces. This is a different consideration than if this was a vacant piece of property and the city was considering a shopping center for the first time. As the center exists and is zoned commercial, retail uses can locate in the shopping center without a conditional use permit. Commissioner Kurasch asked Mr. Hawks if he had a sense as to what the neighbors' objections are regarding this particular application. She asked if the concern was the location or would another location in the shopping center make a difference? Mr. Hawks responded that the neighbors have had several discussions on this issue. He said that the neighbors are torn on this use in particular because the use seems to be a neighborhood friendly store. The neighbors have learned one thing over the series of hearings, that is that they cannot trust anyone to look out for their interests and that they have to look out for their own interests. The neighbors believe that this is another foot in the door similar to that of the Starbucks initial shop, later to be followed by the approval of outdoor seating. The neighbors believe that Jamba Juice will return to claim that Starbucks has outdoor seating and that they should also be entitled to outdoor seating, even though neighbors have already been disturbed. The neighbors believe that they have to fundamentally oppose the use. The neighbors also believe that this use belongs in the middle of the shopping center, between Longs and Safeway where the traffic and noise exist, including late hours of operation. Chairwoman Bernald asked if Mr. Hawks looked at the size of the space located between Longs and Safeway? Mr. Hawks responded that he has looked at the plans but that the plans change daily. Chairwoman Bernald stated that at the site visit conducted by the Planning Commission yesterday, the size of the shops between Long’s and Safeway buildings were tremendous. She stated that she did not believe that Jamba Juice or Starbucks would be willing to rent space in the middle of the shopping center. Mr. Hawks felt that a Gap clothing store can go into the middle of the shopping center with a narrow front and take over the back part of a smaller restaurant. Jamba Juice could use the first 40 feet of the center with an expansion of a retail store behind it. He felt that there were several alternatives. PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 8 - Mark Kocir, 12855 South Highway 9, stated that his only objection to Jamba Juice as well as Starbucks is the outdoor seating. He said that he understands from the Jamba Juice representative that they do not expect a lot of traffic in the late evening or early morning hours. He felt that if the seating for both Jamba Juice and Starbucks are pulled in early, it would mitigate the neighbors' concerns. He did not believe that a Gap clothing store would be a neighborhood-commercial type business. He said that the original Argonaut Shopping Center was 260 feet long when it first went in. Now it is 750+ feet long, not including the parking. He felt that the city needs to look at what is going to happen with all of the uses and the store fronts. He asked if a Burger King is going to be allowed? If so, the center would look like Camden Avenue, Stevens Creek or Lawrence Expressway. He expressed concern that other uses coming into the center would request outdoor seating as other uses have been approved with outdoor seating. He requested that outdoor seating be regulated. He informed the Commission that his parents bought their property and built their home prior to the construction of the shopping center, noting that the area was an orchard when his parents moved into the area. He felt that the City needs to study what is to be done with the rest of the development, and identifying the acceptable uses in order to mitigate the concerns of the residents. Lisa Traxler, 20390 Blauer Drive, stated that she appreciated the opportunity of speaking with Jamba Juice representatives on Monday night. However, she stated her opposition to the location of the use as proposed which includes the request for outdoor seating. She did not believe that four parking spaces would be sufficient for the proposed use. She felt that individuals patronizing the use would park on the street in front of residential homes. She felt that the use would be better suited at the other end of the shopping center. She stated that she was concerned with the other uses that the city would allow to go into the shopping center. She stated that area residents would oppose a McDonald's or Burger King restaurant. Ms. Sablan stated that the concerns expressed about Odwalla are also a major concern for Jamba Juice. She assured the Commission and the public that Jamba Juice has very strict codes and welcomed anyone to visit the corporate center or to speak directly to Steve Marco who spends all of his day ensuring that the products (fruits) received by Jamba Juice are picked fresh and packaged properly, including proper handling. She said that it would not behoove Jamba Juice to have a product that is not of a high quality standard as the entire business is based on fresh fruit, including carrots, oranges and wheat grass. She indicated that only one trucking company is allowed to carry products to their store. Regarding the issue of outdoor seating, she said that she would comply with city requirements. She said that there is no need to try to extend the outdoor seating past 10:00 p.m. She stated that Jamba Juice will be cognizant of this in order to make sure that the neighbors are happy. Regarding the concern about parking, she indicated that this is an issue with the landowner of the center. She said that Jamba Juice staff will do their best to keep the area clean, to provide good customer service, and to create a sense of community within the company. Commissioner Patrick asked if Ms. Sablan would be opposed to posting a warning sign that reads: "Some of the products have not been pasteurized and therefore may contain harmful bacteria that can cause serious illness in children, elderly and persons with weakened immune systems." Ms. Sablan stated that she could not, on a personal level, see the posting of a warning sign as a problem. She apologized if the Commission and the public felt that Jamba Juice representatives had known PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 9 - about this site for nine months. She clarified that she has been with Jamba Juice for nine months. She indicated that she contacted city staff less than three months ago asking questions relating to a conditional use permit. Therefore, she did not know of the site nine months ago and apologized for the misrepresentation of knowing about the site for nine months when in fact, it had only been approximately two and a half to three months since the site was considered as a site for Jamba Juice. She requested approval of all of the outdoor seating being requested (i.e., three tables, six chairs and one umbrella) for marketing purposes. She said that the bottom of the canopy of the umbrella is seven feet and that it is five feet in diameter. Commissioner Kurasch indicated that it was her understanding that the FDA passed regulations requiring warning signs to be displayed on unpasteurized juices. She asked Ms. Sablan if her products contain this signage? Ms. Sablan responded that Jamba Juice products do not contain the warning sign due to the fact that the juices are served in a cup. FDA does not require the posting of the sign because they consider Jamba Juice as a restaurant and the consumption of juice is immediate. COMMISSIONERS PATRICK/JACKMAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. Director Walgren said that in 1996, staff made extensive efforts to notify the neighborhood groups and the immediate neighbors to get them involved with the several hearings held. He said that very little neighborhood input was received. He stated that staff is not a proponent of the applicants nor their adversaries. Staff is not encouraging the success of the shopping center to the detriment of the neighbors. He said that staff suggested, against the developer’s wishes, that there be an eight-foot sound wall constructed along the entire east property line of the shopping center. The developer was not happy about having to build the sound wall but that it became a condition of approval. Later, as neighbors who did not participate in the public hearings became aware of the requirement, they came down and petitioned the city to eliminate the sound wall requirement. Staff facilitated this request and rescinded the condition at the neighbors' request. The neighbors were concerned about having a sound wall along the back of their property. If there had been consideration or a desire for a sound wall on Blauer Drive, this could have been considered. He stated that staff made an outreach effort at this stage. This would have been the appropriate time to consider the types of improvements to be required (i.e., eliminating the parking on the south side, construction of a sound wall). When staff reviews these projects, staff is not reviewing the projects as a Starbucks or a Gap but that staff is reviewing these uses as a coffee shop or a clothing store. He said that the Commission cannot consider who owns the business when it is considering a business. Staff evaluates all uses for consistency with city zoning. He said that the city does not have the leeway of stating that it should be one business owner versus a mom and pop type of a business. Commissioner Jackman stated that she has never visited a Jamba Juice business establishment and decided to visit the Jamba Juice located on Campbell Avenue. She expressed concern that this is a high turnover restaurant use right next door to another high turnover business. She said that when she looked at the age group who patronized the Jamba Juice on Campbell Avenue, they appear to be of high school age. She expressed concern that a lot of the students from Saratoga High School would come down Sunnyvale-Saratoga Road onto Blauer Drive to patronize Jamba Juice. She felt PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 10 - that it would be nice to have Jamba Juice located some place else in the center but not in the proposed location. She said that the staff analysis points out the requirement of one space per 200 square feet of building for retail use and 1 space for 75 square feet for restaurant type uses. This tells her that there is a faster turnover or higher intensity associated with Jamba Juice. She said that she too looked at the spaces between Longs and Safeway. She agreed that the areas may be larger than what is needed by Jamba Juice. She did not believe that this is the right place in the center for the use. Commissioner Waltonsmith concurred with Commissioner Jackman's comments. She felt that the city would be concentrating high turnovers, a lot of the same type of uses, and the same age group coming into the area with the proposed use. Therefore, she did not believe that this was a good place for the use. She recommended that the application be tabled until the city finds a way to pressure the owner of the Argonaut Shopping Center to come up with a plan. She recommended that the procedure be stopped and that the city not continue to piecemeal and await an answer from the owner of the Argonaut Shopping Center. Should the Commission wish to move forward with the use permit this evening, she recommended that the use permit be conditioned to require that the FDA warning be permanently displayed. Commissioner Patrick expressed concern that Jamba Juice is being seen as something different from what she considers an ice cream/soda shop business and that she did not see a difference between the uses. She did not believe that individuals in Saratoga do much walking and that individuals travel by car. Therefore, anyone that is to going to go to the neighborhood soda shop/fountain, Jamba Juice or any other business will be driving. She felt that the only individuals who would walk to the site are the real neighbors to the area. She said that the neighbors continue to surprise the Commission as the Commission felt that the installation of a sound wall was a good idea, only to be told later by the neighbors that they did not want sound wall installed. She felt that if the city directed Jamba Juice to locate to the other end of the shopping center, the other neighbors will be complaining that they do not want Jamba Juice at their end. She did not believe that there would be a win-win situation of where the Jamba Juice is to be placed. She said that the Planning Commission is not in the real estate business and that it is not in a position to have the tenants come before the Commission and decide who is to be a tenant of a shopping center. The Commission nor the landlord has control over the businesses that want to locate in a particular area. She did not believe that the Gap would want to locate at this shopping center because it would not have the traffic to support the market. She said that she did not oppose Jamba Juice locating at the site because she sees the shopping center as a neighborhood center. She did not see the use being any different from the Chinese restaurant or previous food service uses as high school students will patronize the area for lunch as well. She said that she was uncomfortable with requiring FDA standards which are not state, county or city standards to be posted. She did not believe that the Planning Commission was in a position to impose legal requirements. If the City Council chooses to enact an ordinance requiring that Saratoga be a more health-conscious city, she would feel comfortable with the City Council doing so. However, she was not comfortable with having the Planning Commission legislate as this is not the Commission's role. She felt that the warning sign was a good idea. However, the sign is not the issue. She noted that the Planning Commission has called up use permits in the past. She recalled that in 1996, the city could not impose standards to PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 11 - the center because it was in operation before the City of Saratoga became a city. Therefore, the shopping center was grandfathered and the city could not impose conditions on them other than general health issues. As the shopping center remodeled, it gave the city the opportunity to impose additional standards. She stated that she would vote in support of Jamba Juice because it is an appropriate use. Should problems be identified, the Commission can call up the use permit as it did with Blue Rock Shoot and seek to shorten their hours of operation, restrict vehicles, or whatever is appropriate to mitigate the issues that the neighbors bring to the Commission. Commissioner Page agreed with the comments as expressed by Commissioner Patrick. He said that it would be ideal to know all the details about the use. Unfortunately, the city, state, and county have rules that builders, contractors, and landlords need to follow. As a businessman, he would not commit to anyone who would be in a retail establishment that he owns until the lease was signed and all the paper work was finalized. Therefore, he did not believe that the Commission had a lot of leeway. He said that he counted approximately ten houses immediately adjacent to the rear of the shopping center, including Mr. Hawks’ and Ms. Traxler's home. He said that the Commission has seen only a few residents at each of the meetings. He stated that the Commission empathizes with any possible impacts. He said that the Commission has never seen the majority of residents in attendance at public hearings, noting that only 10% of the residents have voiced an opinion. This does not mean that the other residents are in favor of the use/shopping center. The Commission has to consider that it has not heard the whole picture. He said that he lives approximately a mile away from the center and that he walks to the shopping center. He said that many of his neighbors have expressed an interest in starting to walk to the center, especially with the coffee shop and juice bar locating in the shopping center. He felt that the Commission has to deal with what is before it, at the time it is presented. He stated that he would support the project. If it is legally required to post the FDA warning sign, he would support its posting. However, he would not want to post a sign just for the sake of doing so. He suggested that in the maintenance plan that it encompass more than just the sidewalk. He said that he was confident that Jamba Juice employees would make sure that the area is maintained as it is a good business practice. Commissioner Patrick stated that the neighbors are reflecting back on the shopping center's initial plans labeled their "dream" tenants. These tenants are not showing up before the City. She felt that the city was getting into trouble by speculating in the uses, and that when the uses do not come forward, individuals believe that they have been misled. Therefore, she felt that it would be unwise for a developer to speculate. Commissioner Kurasch stated that she understood some of the frustrations of the neighbors in not knowing what the overall plan is to be. She said that the developer of the shopping center cannot be more definitive until more businesses come forward. She recommended that the neighbors talk to the City Council to express that it was their belief that a change in the city code may specify appropriate uses for the shopping center or to make the mix more user friendly. She felt that the neighbors should be counted as it was her belief that there was ill will with the shopping center. She felt that there has been a great improvement to the shopping center. However, it is the Commission's role to achieve the best solution and to try to look through all of the difficult questions raised by the neighbors. She said that the Commission is looking at one application that it PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 12 - can address. She said that she would support a friendly amendment to the use permit, should it be approved, that a sign, if required by FDA or other bodies, be posted on the counter or somewhere prominent. She recommended that staff look into compliance with any regulations. If there is no requirement for posting the FDA warning, she would be hard pressed to require this as a condition unless the applicant agreed to voluntarily to post the FDA warning sign. She stated that she would appreciate the applicant's willingness to post the warning sign. It was her belief that most of the spaces between Safeway and Longs were already occupied. She asked if any spaces with store frontages were available? Director Walgren said that staff did not know if the spaces between Longs and Safeway were available. He said that it is likely that some of the existing tenants may leave once construction is completed. He felt that the City Council would be able to get answers to questions similar to this one as the landlord would have a good understanding of who has long term leases and who does not. He recommended that the Commission be careful about tying this application to the overall center's conditional use permit as this is a decision that is better left to the City Council. He said that the city has a blanket conditional use permit for the entire center. If the City Council does not feel that the landlord is communicating adequately with them over the next couple of weeks, the City Council has the authority to call up the conditional use permit. This would put a halt to everything in the shopping center. He noted that the City has a means to control the mix of businesses. Staff anticipated a minor percentage mix that consists of what is being seen going into the shopping center when the city reviewed the renovation work in 1996. The city required that a traffic, parking and circulation analysis be completed. If the city sees a third or fourth food service type business being proposed at a public hearing, he felt that there would be a concern that the shopping center is exceeding the threshold of what would be a reasonable mix of retail to food service type business. On the other hand, if this is the last food service type of business and uses such a bank, toys, clothing stores, dry cleaners, office uses, etc., wish to locate in the center, these uses would not be coming before the Planning Commission as they are permitted by right without a conditional use permit. These uses would be moving in with just a business license and the city would not have control of what type of business go in. Commissioner Kurasch stated that the Commission would only see those uses that require a conditional use permit. Therefore, the Commission does not have control over other businesses if the use is permitted. She expressed concern with another food service locating next to the Starbucks because of the outdoor seating and the fact that it is the same kind of business. She asked whether it made sense to cluster the uses all on one side. She said that the lovely arbor will more than likely be used for outdoor food seating. She stated that she was split on this issue. Chairwoman Bernald stated that she concurred with the comments expressed by Commissioners Patrick and Page. She did not believe that the Commission can legislate what can locate in the other spaces or legislate that a decision be held off until the center is filled. She said that there is no guarantee that the shopping center would be filled. She felt that the City Council came to a wise decision in limiting the hours of outdoor seating. Given the fact that the trellis is located on the corner and the fact that Jamba Juice is in one area, she felt that noise should be protected. She felt that it is important for the Commission to look to the city's future. She felt that area residents would PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 13 - like to know that their teenage children would have a place to go and meet with friends in a few years. She said that she does not know what uses are being proposed for units A, B, C, D and E. She felt that if the Commission was to require that Jamba Juice relocate to the other end of the shopping center, the Commission would hear from those neighbors. She also did not believe that this use was any different from the previous Chinese restaurant use. She said that she patronizes the businesses in the shopping center even though she does not live in the neighborhood. She understood the neighbors' concerns for traffic and felt that the Commission could mitigate this concern by adjusting the signals. The Commission is also trying to address the neighbors' concern with limiting the hours of operation, dimming the lights, and restricting the illumination of signage. She noted that this is a shopping center and that in order for it to be a viable shopping center, a mix of uses is needed. She said that she did not see anything that would keep her from voting against Jamba Juice. She also agreed that the Commission is not in the business of legislating what signs are to go up if federal, state and local laws are not already in place. She would call upon the City Council to consider this issue if it has a concern that they would like to address. She stated that she would support the approval of a conditional use permit for Jamba Juice and not necessarily considering a friendly amendment to post signs. Commissioner Jackman stated that she would support Jamba Juice going into the shopping center if it was located toward the center and not at either end of the shopping center. She did not believe that it was the Commission's role to impose any regulations relating to signage as food safety falls under the Public Health Department's jurisdiction. Commissioner Kurasch asked staff if the Commission could consider a motion to table this item to receive additional input or to give the city council the opportunity to meet with the developers? Director Walgren informed the Commission that the city has to act on applications within a certain period of time. Should the Commission not want to approve the use permit this evening, he stated that it would be preferable to deny the application versus leaving the application open. Commissioner Page said that at a previous meeting, discussion ensued from one of the neighbors that the door to Starbucks on the Blauer side was perceived as the main entrance. He said that Jamba Juice at the proposed location, would encourage individuals to park on the Saratoga- Sunnyvale side, noting that there were not many parking spaces on the Blauer side. This would encourage traffic to the front of the store at the Saratoga-Sunnyvale side. He said that the number of tables is acceptable. However, his only concern is if the five-foot umbrella brought the table(s) too far away from the store front that would encumber the passage way. Commissioner Waltonsmith felt that should the Commission feel strongly about the health and safety of children and senior citizens, that the Commission could approve a motion that would include a condition contingent upon a legal ruling. She did not believe that the Commission was over stepping its boundary, it is just making a statement about health and safety. Director Walgren said that a condition could be included that stipulates that proper signage be posted consistent with federal, state and local requirements subject to the city attorney's PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 14 - concurrence. As an alternative, a condition could be added that would state that the signs shall be posted per the exhibit that was reviewed by the planning commission this evening and agreed to, in concept, by the applicant, subject to the city attorney's review. Commissioner Page noted that the applicant has not had the opportunity to review the sign and felt that the applicant should be able to take back the signage to the corporate office for their review. Commissioner Patrick stated her opposition of including a condition that would require the posting of a sign. Commissioner Kurasch felt that an educational brochure may be more effective as an alternative. COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE RESOLUTION NO. UP-99-008. THE MOTION FAILED 3-3 AS FOLLOWS: AYES: BERNALD, PAGE, PATRICK; NOES: JACKMAN, KURASCH, WALTONSMITH; ABSTAIN: NONE; ABSENT: ROUPE. Director Walgren informed the Commission that the motion resulted in a tie vote. Therefore, the item would be automatically continued to the Planning Commission's July 14, 1999 public hearing for a revote. 2. UP-99-012 (389-12-019) - CARSON ESTATE COMPANY (Gene’s Fine Foods), 18850 Cox Avenue; Request for Use Permit approval to add approximately 1,600 sq. ft. of retail floor area to the existing 25,847 sq. ft. market. The expansion will occupy an area previously a bakery - no changes to the building’s exterior are proposed. The site is part of the Quito Shopping Center and is located within a Commercial-Neighborhood zoning district. ---------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report and recommended approval of the use permit. He said that only interior modifications to the building are proposed and that no exterior modifications are proposed. Chairwoman Bernald opened the public hearing at 9:14 p.m. Dick Giomi, 13684 Ronnie Way, president of Gene's Fine Foods, stated that the existing door would be closed to the public and that it may be used as an emergency exit. Chuck Marsh, manager of the shopping center, said that the center has several neighborhood uses, including a shoe repair store. He stated his concurrence with staff's report and the conditions of approval. COMMISSIONERS PAGE/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 9:15 P.M. Commissioner Kurasch stated that she is familiar with the store and that she was glad to see that the store was expanding. She said that she could support the request. PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 15 - Commissioners Page, Patrick, Jackman, Waltonsmith, and Chairwoman Bernald stated their support of the request. COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE RESOLUTION NO. UP-99-012. THE MOTION CARRIED 6-0 WITH COMMISSIONER ROUPE ABSENT. 3. UP-99-006 - PACIFIC BELL WIRELESS, Highway 9 & Austin Way; Request for Use Permit approval for the installation of two cellular antennas and transmitter equipment on an existing utility pole located within the Highway 9 right-of-way. The utility pole is located within an R-1-40,000 zoning district. ---------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report and informed the Commission that when the installation of the antenna occurred, staff notified the applicant that a conditional use permit was required. The use is being reviewed based on two issues: health impacts of the radio frequency emission and aesthetic impacts. He noted that the industry has greatly improved the ability to conceal the antennas. He said that local jurisdictions are limited by the Federal Communication Act of 1996 in that they cannot deny the installation of wireless antennas if they exceed the minimum standards set by the federal agency. He said that the documentation submitted by the applicant shows that the antenna standards are well below the standards outlined by the federal government. Therefore, staff recommends approval of the conditional use permit. Commissioner Jackman asked if noticing was sent to individuals who reside in the neighborhood? Director Walgren responded that two notices were published: one for the environmental initial study and a second notice mailed to property owners within 500 feet notifying them of the public hearing for the conditional use permit. He informed the Commission that staff received a brief note from the neighbor directly to the east stating their support of the project. Commissioner Waltonsmith requested that staff explain the penalties that can be imposed when an individual installs something and goes beyond what is allowed without benefit of city approval. Director Walgren informed the Commission that an administerial permit would result in doubling the permit fee. If it is a discretionary permit, city code allows a $250 penalty assigned through the Community Development Department and that the penalty can be assessed per day or event. Chairwoman Bernald opened the public hearing at 9:24 p.m. Heather Angelica, representing Pacific Bell Mobile Services, apologized for the manner in which this project was processed. In 1997, Pacific Bell became a member of the Joint Pole Association (JPA) of Northern California which allows Pacific Bell to co-locate equipment, including antennas and transmitters on PG&E and telephone poles. At the end of 1998, Pacific Bell began building pilot sites. She said that unfortunately, there was miscommunication and the construction team was told that they had their JPA approval but that no one inquired about planning approvals. She said that she received a message from staff requesting examples of the signage to be placed on the site. She distributed copies of the signage that has been approved by the FCC and PG&E. She said that PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 16 - the antenna area is not accessible to anyone from the ground as the antenna is located 30 feet above the ground. If anyone has a need to access the pole, the sign has an 800-number to contact so that the site can be shut down. She said that PG&E and other members of the Joint Pole Association will have a key to a shut off switch located at the base of the pole. She said that health effects will be taken into full consideration. Commissioner Waltonsmith asked if the sign submitted is similar to the statement found on the site visit. Ms. Angelica stated that the sign indicates deactivation of the site before performance work commences and an 800-number to contact. She said that a sign could be posted on the antenna (two signs on the pole). Director Walgren clarified that the use has been conditioned to require that signs be posted at the base of the pole and at the top of the utility pole. Commissioner Kurasch stated that it was her belief that there is a general order that the PUC provides that spells out permit requirements. Ms. Angelica said that Pacific Bell is required to obtain local permits and that each local jurisdiction dictates what permits will be required, if any. Director Walgren said that the PUC requires that the operators notify them with a copy to the local jurisdictions. Staff noted that the city's copy of the PUC notice stated that the company received city approval when in fact, it had not. This notice raised a flag with the city. Chairwoman Bernald said that it appeared that the technician was hooking up the antennae without use permit approval. She requested that no further actions be taken until after the 15-day appeal period has expired, if the conditional use permit is approved this evening. Commissioner Page asked if Ms. Angelica would object to moving the antenna boxes to the other side of the pole? Ms. Angelica responded that the Joint Pole Association determines the placement of the antennas and poles. She said that she would investigate to see if it is possible to relocate the boxes to the other side of the pole. COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING AT 9:31 P.M. Commissioner Page stated his support of the facility as submitted with the recommendation that the colors are changed to match the dark color of the pole. He stated that he would prefer that the equipment be relocated to other side of the pole, if possible, as Highway 9 is a scenic road. Commissioner Kurasch said that she understood that the city's authority is limited to certain issues and that it is spelled out under PUC Order 159. She requested that she be provided with these procedures as she was concerned with future applications. She stated that she did not object to this application. Commissioners Patrick and Jackman stated their support of the request. Commissioner Waltonsmith stated her support of the request and concurred with Commissioner PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 17 - Page's recommendation of darkening the color and moving the boxes to the other side of the pole. Chairwoman Bernald also stated her support of the application and the change in color, if possible. COMMISSIONERS PATRICK/JACKMAN MOVED TO APPROVE RESOLUTION NO. UP-99- 006 AS RECOMMENDED BY STAFF (NO ADDED CONDITIONS). THE MOTION CARRIED 4-2 WITH COMMISSIONERS WALTONSMITH AND PAGE VOTING NO. DIRECTOR ITEMS - V-98-011 (503-19-157) - LOH, 20651 Leonard Road; Request to relocate a storage shed to meet setback and height requirements as required by the Planning Commission. Plans to correct the deck and gazebo zoning violations have also been submitted for review by the Commission. Director Walgren presented the staff report and said that this is a code enforcement file that has been opened with the city for several years. He said that three accessory structures were constructed without benefit of permits. After much correspondence and deliberation by the Planning Commission in January 1999, the variance requests were denied. The denials were appealed to the City Council. He indicated that the City Council upheld the denial and the applicant was requested to modify the two accessory buildings (gazebo and deck structures) and to relocate the 260 square foot accessory storage building out of the front yard setback of the property or that it be removed. He informed the Commission that the applicant has submitted exhibits that show the building(s) being brought down to 12 feet in height and moved interior to the property at a location that should minimize its impacts on this portion of the property. The neighbors were notified and have indicated that they have had a chance to review the plans. The immediate neighbors most directly affected by having to see the structure submitted a letter that has been attached to the packet expressing concern that the building would be visible from their property. The neighbors request that the property be landscaped with screen planting and be painted a dark earthtone color to better blend in. Their first preference would be that the building be relocated to the other side of the property by the existing structures so that it would not be in their line of sight. Since the packet went out, two additional letters have been received and distributed to the Planning Commission. One letter is from the property owner located directly to the west, Starr Davis, objecting to the gazebo remaining in its location. Director Walgren indicated that the gazebo can remain in its current location if it is brought down in height. If the gazebo is allowed to remain, it is being requested that the Monterey Pine tree that was cut back to provide room for the structure be properly pruned and looked at by a licensed arborist and that the building be painted a dark color. It is also recommended that landscape screening be provided. A second letter was received from the neighbor located to the northeast who has also expressed concern with the appearance of another structure that was built at another time that may not be a zoning violation and is located at the top of the property. It is being requested that the building be painted an earthtone color. He felt that the requested conditions were reasonable ones. He recommended approval of the proposed location with the requirements that landscaping of the three identified structures be provided and that the PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 18 - three structures, including the deck be painted an earthtone color to blend in with the landscape. Commissioner Patrick recommended that staff work with the applicant to select the earthtone color. At the request of Commissioner Page, Director Walgren clarified that it was his belief that the shed structure would be cut into the uphill so that it does not exceed 12 feet. Commissioner Kurasch requested clarification of the front gate/fence and asked if it has been resolved? Director Walgren said that staff will be investigating the height of the gate as front yard gates are limited to a maximum height of five feet, noting that the gate is over five feet. Chairwoman Bernald opened the floor to public comment at 9:42 p.m. James M. Barrett, 444 Castro Street, Mountain View, attorney for the applicant, informed the Commission that he worked closely with staff to ensure that all regulations are met, aesthetically, that will help the community accept these structures. He said that his client apologizes for any of the issues that have come up that have created turmoil over the structures. He said that he has worked diligently to resolve the problems. He said that his client would agree to work with staff to paint the structures with an earthtone color. He stated that he would discuss the fourth structure with staff to resolve this issue as well. He agreed to advise his client to attend to the height of the gate and to clean up the property and the building materials, including attending to the Monterey Pine. He agreed to have his client paint and lower the gazebo, and to paint the deck and the storage shed. Chairwoman Bernald expressed concern with the health safety of the dead deer carcass which was noted by the owner in her (owner’s) backyard. Mr. Barrett said that if the dead deer carcass has not been removed, it would be removed/resolved immediately. Also, there is to be screening of the storage shed and screening along the Starr's property. Director Walgren informed the Commission that it was a requirement that the property be surveyed and that an exhibit is submitted to show the new location of the accessory building(s). He clarified that the other site plan submitted of the house renovation and addition was prepared many years ago. Commissioner Kurasch noted that the site plan makes reference to the storage shed and two possible locations for it. Mr. Barrett clarified that he was only addressing the new accurate survey. Commissioner Jackman recommended that a condition be included that would require that the logs underneath the significant oak tree in the front yard be removed. She noted that there are significant vines growing up into the tree, noting that the tree would be dead if the vines are not removed. Mr. Barrett said that he would agree to work with staff as it relates to the trees as he is specifically dealing with three structures that he is trying to bring into a conforming nature. STAFF WAS GIVEN DIRECTION TO ADMINISTRATIVELY FOLLOW UP ON THE ITEMS PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 19 - IDENTIFIED. - Planning Commission Retreat Date and Topics Director Walgren requested that a day be identified to hold the annual Planning Commission/staff retreat. He said that the retreat would require three quarters of a day and recommended that it be held on a Friday. He informed the Commission that the City Council has scheduled a joint meeting with the Planning Commission for Tuesday, July 13 at 7:00 p.m. He suggested that the retreat take place a week following the joint meeting with the City Council and that items be placed on the agenda that may come out of the joint meeting. He suggested July 23 or July 30 as alternative dates. It was requested that the Commission bring their calendars to the first meeting in August to schedule a September retreat date. Director Walgren said that he has a follow-up to Commissioner Waltonsmith's inquiry as to the status of the Bicycle Advisory Committee. He informed the Commission that the part time contract city engineer, Jim Jeffery, would be reactivating the Bicycle Advisory Committee. He advised Mr. Jeffery that Commissioner Waltonsmith was the Planning Commission's liaison to the Committee and that he would be contacting her soon. Director Walgren informed the Commission that arrangements have been made for the minutes clerk who used to take the minutes for the City Council to replace Minutes Clerk Torrez to clerk future Planning Commission meetings. Director Walgren informed the Commission that staff would be returning to the Commission at its next meeting with an update on the Woods project where it was noted that there was a discrepancy on the average slope calculation underneath the swimming pool. He indicated that the project has been placed on hold until staff has had the opportunity to present this information to the Planning Commission. Commissioner Kurasch said that she spoke to Director Walgren and that she reviewed the slope calculations further. She noticed on the applicant's survey a 38% slope calculation. The concern is with the slopes under the pads of development, noting that city code requires that structures be built under 30% or 40% slope. She said that the proper process is for the applicant to apply for a variance. Director Walgren said that the exhibits reviewed by the Planning Commission gave different slope numbers: the average slope of the building permit at approximately 12% and the average slope of the pool at approximately 13% or 14%. He said that the staff planner was aware of the requirement that it could not exceed 30% slope and correctly required that the applicant's engineer provide a detailed analysis for the slope of the building envelope and the slope of the pool site as well as the average slope. He said that staff was given incorrect calculations for the average slope of the pool. The applicants were asked to explain the discrepancy in the numbers. He said that staff has a detailed breakdown of the actual numbers. He said that the numbers are under 30% but that they are PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 20 - significantly higher than what was presented to the Commission (i.e., approximately 25% average slope and if you block off the pool, it is approximately 28%). He provided the Commission with the updated information and that it would be discussed further at the Commission's next meeting before allowing the project to move forward. Director Walgren said that he has a copy of the Federal Communications Act and that he has marked the section that deals specifically with local land use. COMMISSION ITEMS Commissioner Page stated that he received a letter today from the Silicon Valley Manufacturing Group who has a housing leadership council who understands that there is a big housing shortage in Silicon Valley and that it was noted that there is not a lot of land left to construct housing. He said that a meeting will be held on Thursday, July 15, 1999 to discuss strategies on how to handle this problem. He indicated that he would leave the letter with Director Walgren if any Commissioners are interested in attending the meeting. Commissioner Page stated that he noticed that there is a freestanding sign pointing to a street address at 20898 Wardell. It is a temporary sign constructed out of plywood material that has been spray painted. He said that this sign has been up for several months and that several individuals have commented to him about this sign. He said that he noticed a sign attached to a utility pole on Saratoga Avenue, just before Fruitvale if you are heading south on Saratoga Avenue. He requested that staff investigate these signs. Chairwoman Bernald said that over the course of the year, she has had a number of individuals ask her about the one story house that is located on the corner of Via Escuela and Cumberland where the driveway was changed. She said that construction has been on going for more than a year. She said that the neighbors are concerned with the safety of children riding their bicycles. She requested that staff investigate this issue. COMMUNICATIONS Written - City Council Minutes for Regular Meeting of June 2, 1999 ADJOURNMENT TO NEXT MEETING There being no further business, Chairwoman Bernald adjourned the meeting at 10:05 p.m. to Wednesday, July 14, 1999, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. PLANNING COMMISSION MINUTES JUNE 23, 1999 PAGE - 21 - MINUTES PREPARED AND SUBMITTED BY: Irma Torrez Minutes Clerk MINUTES AMENDED AND APPROVED BY: James Walgren Secretary to the Planning Commission