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HomeMy WebLinkAbout10-22-2008 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, October 22, 2008 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Cappello called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao Absent: None Staff: Director John Livingstone, Senior Planner Chris Riordan, Assistant Planner Cynthia McCormick and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of October 8, 2008. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kumar, the Planning Commission minutes of the regular meeting of October 8, 2008, were adopted with edits to pages 12 and 13. (7-0) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 16, 2008. REPORT OF APPEAL RIGHTS Chair Cappello announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050(b). CONSENT CALENDAR There were no Consent Calendar items. Saratoga Planning Commission Minutes of October 22, 2008 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #PDR08-0025 (503-24-046) – The Inn at Saratoga, 20645 Fourth Street: The applicant requests Design Review approval for a 2,052 square foot addition to the west elevation of the existing five-story Inn at Saratoga. The project will include a new meeting room on the fourth floor totaling 1,066 square feet and two additional guest rooms on the fifth floor totaling 2,052 square feet. The lot is 29,839 square feet in size and is zoned CH-1. (Chris Riordan) Mr. Chris Riordan, Senior Planner, presented the staff report as follows: • Reported that the applicant is seeking Design Review approval and Modification to the existing Conditional Use Permit approval with a Variation of Standards. • Described the project as including a 2,052 square foot horizontal addition to the existing The Inn at Saratoga. • Said that a hotel is a conditional use in the CH-1 zoning district and that this addition requires a Modification to the existing Conditional Use Permit. • Stated that this is an existing five-story building that slopes down from Big Basin Way towards Saratoga Creek. It appears to be a two-story as seen from Big Basin Way. • Said that a 1,066 square foot addition will be added to the fourth floor (the ground floor as viewed from Big Basin Way). A 986 square foot addition is proposed for the fifth floor that is consisting of two additional guest rooms and a small office (appears to be the second story when seen from Big Basin Way). • Explained that the exterior materials would match the existing materials of The Inn. • Stated that the hotel was originally constructed approximately 21 years ago as a five-story building, with two stories facing Big Basin Way and five stories facing Saratoga Creek. • Reported that the Zoning Code has since changed thereby limiting buildings facing the Creek to three stories. • Added that the maximum height in the CH-1 district is 35 feet. As constructed the height of this hotel is approximately 41 feet as measured from average grade. The height of the addition, as measured from average grade would be 37 feet. The addition is three feet shorter than the existing elevation on Big Basin Way and will not exceed the existing two- story height standard. • Stated that staff is recommending approval of a Variation of Standard to allow this height to be granted. • Said that a mansard roof for the addition would encroach by 2 feet, 9 inches, into the airspace above the City parking lot for an approximate length of 62 feet. A condition of approval is required to obtain an encroachment permit through the Public Works Department subject to Council approval. • Advised that the area where the addition would go is currently landscaped. The applicant would be relocating the landscape material to fill in other under-landscaped areas on site. • Recommended that the Planning Commission grant Design Review approval and Modification to the Conditional Use Permit with a Variation of Standards. Saratoga Planning Commission Minutes of October 22, 2008 Page 3 • Made two changes to the draft resolution. On page 4 the word “none” should be stricken. On page 5, under Condition 11, “The City The City” appears twice and one reference should be stricken. Commissioner Zhao asked how the elevation is shorter than existing. Planner Chris Riordan said that the addition is three feet shorter. This addition juts out from the hotel. Commissioner Hlava asked about the neighbors from across the creek and their complaints about noise from the operation of systems at The Inn. Will any of that change with this addition? Will there be more noise? Will the systems be relocated? Planner Chris Riordan advised that the applicant says that there is no greater use of HVAC systems with this addition than is currently used so no change is planned. Commissioner Rodgers asked if the requirement to file for an encroachment permit with the Public Works Department should be recorded as a permanent condition. Does it go with the property? Director John Livingstone said that recordation of that condition is not required. They have to do it. It goes to Council. It would be unreasonable to record it. Planner Chris Riordan added that this project could not be built without that encroachment permit being issued. Commissioner Rodgers asked what might happen 50 to 100 years down the road when it’s time to redo this inn. What would prevent any dispute about this encroached space? Director John Livingstone assured that Council would properly evaluate and document its action. Chair Cappello opened the public hearing for Agenda Item No. 1. Mr. Lee, Applicant and Owner, The Inn at Saratoga: • Said that the hotel has had this same compressor for 20 years and he has never had complaints about the noise of its operation. • Added that this addition is not resulting in an increase in noise as the amount of use of the HVAC system would not increase. • Stated that there would be no night meetings held in the new meeting room and they are only adding two guest rooms. Mr. Craig Aubrey, Owner, Sam Cloud Barn: • Said that he had some concerns about this application. • Pointed out that 2,000 square feet of landscaping is being removed including some mature trees and shrubs. • Added that this site is located next to their building, which is a registered historic building. Saratoga Planning Commission Minutes of October 22, 2008 Page 4 • Expressed some concern that landscaping be put back in and said he would like to be involved in the decisions on said re-landscaping. • Said that the entrance from Saratoga is approximately nine feet from their building and there is currently no ADA access. • Added that they were required to put in ADA access and bathrooms with their own remodel. • Advised that their main concern is parking and that this addition would create more burdens for parking at the Third Street lot given the fact that the applicant has removed three parking spaces around The Inn. • Stated concern that people coming to his building will not have anywhere to park during the day. • Asked that a condition be imposed that the parking situation would be worked out. Ms. Katherine Brockett, Resident on Brookwood Lane: • Explained that the back of her house backs Mr. Lee’s Inn. • Stated that the idea of expanding The Inn is great. If it is successful that would bring more traffic into the Village and that too is great. • Said that before this addition is approved, she wants to talk about the sound of the compressor. • Reported that it runs 24 hours a day, seven days a week, 365 days a year. • Assured that adding another 2,000 square feet will make it run more. • Advised that the noise from this is a huge issue for her and for her neighbors. • Asked that the City work with Mr. Lee to baffle the system to make the noise less bad. While the daytime is not as bad, the evenings can be pretty annoying. Ms. Nancy Kessler, Resident on Brookwood Glen: • Questioned where participants attending meetings in this new room will go for breaks. • Explained that noise from the patio area causes noise impacts. • Advised that she too can hear the noise from the compressor. Mr. Lee, Applicant and Owner, The Inn at Saratoga: • Reported that he is the one who planted the landscaping that he now has to take out to construct his addition there. • Advised that there is no place for more trees. • Informed that he too complained about parking when Craig Aubrey came before this Commission. • Added that the use of the meeting space would be occasional and not continuous. They will occur only in the daytime. • Reminded that he has 40 dedicated parking spaces that is sufficient to serve meetings in his space and for nighttime parking for guests. In the daytime, this parking is empty. • Pointed out that they typically only have between 40 and 50 percent occupancy. • Assured that there would be no increase in the current noise levels with this addition. Commissioner Nagpal asked Mr. Lee if he could enclose his compressor. Saratoga Planning Commission Minutes of October 22, 2008 Page 5 Mr. Lee said that space is needed for air. He added that trees he planted have grown to block sound. He bought this hotel 16 years ago and planted screening trees at that time. Those mature trees now effectively block the sound. Commissioner Nagpal asked Mr. Lee if he has a landscape plan. Mr. Lee said that there is no land available for more landscaping. He added that he is only removing landscaping from the area where the addition would be constructed. He assured that he would do anything possible to improve the appearance of the hotel site. Commissioner Nagpal asked Mr. Lee if there is ADA access to the hotel. Mr. Lee said yes, from the front entrance. Commissioner Nagpal asked if there is ADA access from the Third Street parking area. She asked staff if this project reduces the moratorium for parking. Planner Chris Riordan replied correct. Commissioner Rodgers asked if this applicant is exempt from having to provide any additional parking as part of the parking moratorium, which was a five-year plan. She expressed doubt that Mr. Lee had as many dedicated parking spaces as he claims. Where are they and how many are there? Mr. Lee said he has 40 dedicated spaces in his parking lot. Chair Cappello advised that Mr. Lee re-striped his lot for 40 spaces. Commissioner Rodgers said that there appears to be a difference of opinion between Mr. Lee and staff and that the City claims that some of the parking spaces are located within the parking district lot. However, he is exempt from needing to provide additional parking with this application so it is not an issue at this point. Mr. Lee said that users of the meeting space would have to come to the main entrance rather than the Third Street lot, which is usually full any way. Commissioner Rodgers asked if he has Inn only parking marked on the Third Street lot. Mr. Lee said no. Those spaces are only for common uses. Commissioner Rodgers asked if the bathrooms located near the conference space are ADA compliant. Mr. Lee replied yes. Commissioner Kumar asked how many people the conference room could accommodate. Saratoga Planning Commission Minutes of October 22, 2008 Page 6 Mr. Lee said 40. Commissioner Kumar asked Mr. Lee if he feels there would be parking issues. Is there enough parking? Mr. Lee said there is no problem in his own lot. It is usually less than 50 percent occupied. It sometimes fills up with special meetings. However, hotel guests use the parking at night while meeting attendees would use this parking in the daytime. He added that some attendees come together in cars and reminded that there are 40 spaces available. Commissioner Kumar asked if there would be a separate HVAC zone for the new space. Mr. Lee said that they would be extending the existing line. Commissioner Kumar asked Mr. Lee if there would not be an increase in the use of HVAC. Mr. Lee replied only if completely booked while they are usually only about 50 percent booked. Commissioner Hlava said that a lot of work was done fitting in landscaping when the Barn was reviewed for renovation. She said that the view would change significantly as seen from the Barn with the removal of landscaping from The Inn. Mr. Lee reminded that the building wall would be right next to the parking lot. There is no space to put in landscaping except perhaps for some low growing shrubs. He added that if there were any land remaining available for landscaping he would put some in there. Chair Cappello said that the Commission is asking for a landscape plan. Director John Livingstone said that Condition 9 involves taking and relocating landscaping material that is being removed to an area that is currently less densely landscaped. Commissioner Hlava expressed concern over the possibility that someone using a wheelchair cannot go to the Village restaurants using the Third Street entrance without having to go around. She questioned the possibility of installing a ramp. Mr. Lee said that if a ramp were required by law, he would provide it. However, they have been operating okay for 16 years now without one. He added that he has one handicapped- accessible room that is located downstairs. Commissioner Hlava advised that her husband was in a wheelchair for several years so she is sensitive about accessibility. Commissioner Rodgers: • Reported that she has gone to meetings with friends using wheelchairs. • Recounted that there had been times when they have had to carry people upstairs and downstairs. Saratoga Planning Commission Minutes of October 22, 2008 Page 7 • Stated that this is just not acceptable for a meeting room open to the public. • Added that if there is an emergency, she wants people to be able to get out using the nearest exit, which is that exit on Third Street. • Said that she does not understand why Mr. Lee is not interested in putting in a ramp there. It is easily doable. • Asked Mr. Lee if he is willing to do so on a voluntary basis. Mr. Lee said he would look into it. Commissioner Zhao asked Mr. Lee what is the floor area of the two additional guest rooms. Mr. Lee replied approximately 800 square feet. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Nagpal asked if there were any documented noise complaints. Planner Chris Riordan replied no, just the person who spoke this evening. Commissioner Hlava asked since there is already an ADA compliant entrance downstairs could one also be required for the Third Street entrance. Director John Livingstone advised that there must be a nexus to require that. He added that putting a ramp in there would result in the loss of the landscaping to the left side. He deferred to the City Attorney regarding the nexus for this requirement in this instance. Commissioner Rodgers pointed out that a hydraulic lift does not take up much space. City Attorney Jonathan Wittwer said he had used such lifts in hotels before. He said that the question is whether there is a nexus to require this. Is it legally required? Director John Livingstone advised that the Building Official reviewed this project. As the main entrance has ADA access located at the parking lot, he says it does not create the requirement for ADA access at the side entrance. Commissioner Rodgers asked even if there is an intensification of use by means of a conference facility. Director John Livingstone replied yes. City Attorney Jonathan Wittwer said that the standard condition requiring compliance with all Federal, State and local standards could be added. He added that Mr. Lee has already testified that if required by law he would do it. Commissioner Hlava: • Asked if this condition would also cover the noise issue raised. She said she is kind of concerned as it sounds like these neighbors have a regular issue with noise. Saratoga Planning Commission Minutes of October 22, 2008 Page 8 • Added that the fact that this is the first time we’ve heard about it does not mean that it is not still a problem for them. • Inquired whether correction would be required if the Code Enforcement staff tested the noise of the compressor and found it to be in excess of the sound level allowed. Commissioner Nagpal replied yes, with that condition in place it would. She reminded that this application under consideration is a Modification of the Use Permit as well as Design Review approval. City Attorney Jonathan Wittwer said that the question is whether this addition makes the noise situation louder. If it is not increased there is no nexus. The question is, does the existing Noise Ordinance cover something that has been there for 20 year. He said he would do some quick research on this. Commissioner Nagpal: • Referred to the landscaping issue. • Said that Condition 9 should adequately address that. • Added that staff would make sure that there is something that looks good at the end of the day. • Stated that as for the ADA access issue for the Third Street lot, it may not legally be required with just a 1,900 square foot or 10 percent addition. • Reminded that the parking issue is dealt with through the moratorium that is in place as far as not being required to provide additional parking. Director John Livingstone advised that the moratorium ends in February 2009. Commissioner Nagpal reminded that the point of that moratorium was to stimulate new projects in the Village. Commissioner Kundtz: • Said that from a Design Review perspective he can make the findings. • Added that Condition 9 addresses the landscaping issue. • Pointed out that this project also takes down a pole lamp that provides some security lighting in the Third Street parking area. • Suggested adding a review of lighting to Condition 9 to the satisfaction of the Community Development Director. • Reminded that ADA requirements are dictated by law. • Added that parking has been taken care of. • Said that the City Attorney is currently looking into the noise issue if it cannot be dealt with in the conditions for the CUP. • Stated that the City has complaint-driven code enforcement available to see if the compressor meets the City’s noise standards or not. City Attorney Jonathan Wittwer made his determination that the condition requiring compliance with all Federal, State or local laws would cover existing development. Saratoga Planning Commission Minutes of October 22, 2008 Page 9 Commissioner Zhao asked if the Commission has to consider any further the issue of noise. City Attorney Jonathan Wittwer clarified that The Inn at Saratoga must meet Noise Ordinance standards. Commissioner Zhao: • Said that she is fine with the Design Review findings. • Said that she is happy to see that this owner is willing to work with staff on the landscaping and that not all of the existing landscaping is to be removed. • Stressed the need to comply with all laws on the issue of ADA accessibility. Commissioner Kumar: • Said that ADA access and noise issues have been resolved. • Said that Condition 9 can deal with landscaping and lighting of the Third Street lot. • Added that parking is a moot point with the moratorium on the need to provide additional parking. • Stated he was okay with this project. City Attorney Jonathan Wittwer said that Section 3 of the resolution already requires compliance with all Federal, State and local requirements. Commissioner Nagpal asked if a specific condition should also be added to the resolution. City Attorney Jonathan Wittwer said not beyond what is already stated in Section 3. Commissioner Hlava said that she could make the Design Review and Conditional Use Permit findings. She supported the addition of a review of both landscaping and lighting by the Director. Commissioner Rodgers said she too could make the Design Review findings and would like to suggest a rewording of Condition 9, “The landscape plan shall be subject to review and approval of the Community Development Director.” City Attorney Jonathan Wittwer said that review was necessary but approval not necessarily so. Commissioner Rodgers: • Said that the location and operation of lighting is not handled. • Stated that she could not make the health, safety and welfare finding as required by the CUP Condition #2 as the conference room is without ADA access to the Third Street parking and thereby is detrimental to the health, safety and welfare of the community. • Added that this comes into play in the event there is a fire in this building. Chair Cappello said he could make the findings to support the project. Saratoga Planning Commission Minutes of October 22, 2008 Page 10 Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission granted Design Review and Conditional Use Permit approvals, with a Variation of Standards, to allow a 2,052 square foot addition to The Inn at Saratoga on property located at 20645 Fourth Street, as amended by staff and editing Condition 9 to require a landscape and lighting plan, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: Rodgers ABSENT: None ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #CUP08-0007 (386-01-008) – Wu/Kwei, 19888 Prospect Road: The applicant is requesting a Conditional Use Permit to locate a Day Care Facility in an existing building in the commercial-visitor zoning district. The site is located on Prospect Road, approximately 250 feet east of Saratoga-Sunnyvale Road. The Day Care Facility will occupy 1,500 square feet of the existing 2,500 square foot building. The proposed Day Care Facility would serve up to 30 students with three employees and operate Monday through Friday from 7 a.m. to 7 p.m. There are approximately 8-10 parking spaces to serve the proposed use and the existing 1,000 square foot dental office. (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Said that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a Day Care Facility within an existing building currently occupied by a dentist and the Christian Righteousness Center. • Reported that the applicant’s traffic engineer completed a traffic study. The City’s traffic consultant reviewed the report. • Advised that both reports indicate that there are a deficient number of parking spaces available to accommodate the project. • Said that there are additional concerns regarding traffic circulation, pedestrian safety and parking lot maneuverability that have been brought up. • Stated that the traffic study indicates that the proposed use would generate a parking demand of 11 spaces. This includes eight spaces for student parking drop off and three spaces for employees. This is added to the five spaces required for the dental office for a total site requirement of 16 spaces. • Added that following the required sidewalk installation and restriping of the parking lot, there are only eight spaces available to serve the proposed use and the existing dental office. That is a deficiency of half the spaces needed per the traffic study. • Said that given the inadequate parking, traffic would likely spill over into the surrounding neighborhood. • Stated that staff cannot recommend that the Planning Commission make the required findings to support this application. The proposed use is too intensive for this location. • Recommended denial of the Conditional Use Permit. Saratoga Planning Commission Minutes of October 22, 2008 Page 11 Chair Cappello opened the public hearing for Agenda Item No. 2. Ms. Christina Wu, Applicant: • Requested a continuance via a letter to staff. • Reported that she is still waiting for an easement agreement from their neighbor. Chair Cappello asked if the neighbors are aware that if they give up parking they could jeopardize the review of the next project that comes up for review shortly. Ms. Christina Wu said she believes they do. City Attorney Jonathan Wittwer cautioned that giving up parking spaces could also impact the use of the existing shopping center. Ms. Christina Wu said that there are two issues. One is the easement access and the second is number of parking spaces. She added that there are four spaces on the side of their property that could be accessed via the easement. Chair Cappello said that even with those four additional spaces, there still are not enough. He said that while Ms. Wu is asking for a continuance, that may not solve the problem or may create a problem for another site. Ms. Christina Wu said that she strongly requests a continuance to deal with the two different issues of easement and spaces. City Attorney Jonathan Wittwer: • Reminded that this is a noticed hearing so it is important to ask if there is anyone here this evening wishing to speak. • Added that the Christian Righteousness Center was approved before and was supposed to have a parking agreement with the nearby church. Evidence of that agreement has not been found. • Said that as a result there may be an even bigger parking deficiency. • Reminded that the potential impacts are on this property and possibly the adjacent shopping center. • Said that while nothing could be approved this evening, the project could be denied. Commissioner Kundtz asked if the continuance should be to a date certain or uncertain. Ms. Christina Wu: • Said that their school would operate from 7 a.m. to 7 p.m. The official student start time is 8:30 a.m. Therefore, there are varied arrival times between 7 a.m. and 8:30 a.m. • Added that for evening pick up, most of the parents work and will pick up their children between 6 p.m. and 7 p.m. • Proposed use of a shuttle service as one solution to the parking deficiency. It would represent a greener way of delivering kids to the school. Saratoga Planning Commission Minutes of October 22, 2008 Page 12 • Pointed out that her consultant’s traffic report said that this space could accommodate 20 students with existing parking while the City’s consultant, Fehr & Peers, disagreed. • Reported that there has been the on-going use of the easement for the last six years without complaint. Chair Cappello closed the public hearing for Agenda Item No. 2. Chair Cappello: • Said that continuing this item when there may or may not be a viable solution for parking may simply be putting off the inevitable. • Said that he would like to hear input from the other Commissioners on how to proceed. Options include approval, denial or a continuance (date certain or uncertain). Commissioner Kumar said that different options are being considered and it sounds like this applicant is very motivated. He said he is in favor of a continuation so she can evaluate options and come back with a fresh new proposal. Commissioner Hlava: • Said that she is almost always in favor of giving an applicant at least the chance to try and make changes to their proposal. • Added that she is having a hard time with this because she thinks the applicant has already been given direction by staff for quite a period of time that there are big parking issues with this site. • Said that saying the Commission is going to deny it outright tonight would mean the Commission feels there are no possibilities of solutions that the applicant can come up with. • Stated that she has a hard time saying that at this time but on the other hand she does not see anything the applicant can come up with. • Said that she does not want to waste the applicant’s time (and money) or staff time with something that looks so impossible. • Concluded that she is still in a quandary but wants to hear what others have to say. City Attorney Jonathan Wittwer said that one option is denial without prejudice, which means that the applicant can come back at any time. Commissioner Hlava asked if the applicant would have to re-file her application and pay new fees. City Attorney Jonathan Wittwer replied yes. Commissioner Rodgers: • Said that she can’t see any way that she would approve this tonight but that she always likes to give an applicant a chance to make modifications. • Suggested that one condition may be to reduce the number of children from 30 to 15 but she does not know if that would be economically feasible for the Day Care Facility. • Added that it still may not resolve the issue. Saratoga Planning Commission Minutes of October 22, 2008 Page 13 • Asked if it is possible to use the area behind the building to add parking spaces. • Advised that she is not willing to approve use of a shuttle service for 2 to 5 year olds. Instead they require pick up and drop off. • Stated that with another similar use on the property next door, it may be too intense. • Reiterated that she is always willing to give the applicant the chance to be creative. Commissioner Nagpal: • Said that it feels like an impossible situation when 16 spaces are needed and only eight are available. With the easement another four spaces might be picked up. • Said that several things need to kick into play here. • Advised that she is certain that staff has worked hard to get this application in place. • Pointed out that if the Commission were to deny the request, this applicant loses her fees. • Stated that she is in favor of a continuance but to a very specific date. If it is not done by then, it needs to come back for a decision. Commissioner Rodgers asked Commissioner Nagpal what kind of time she is looking at. Commissioner Nagpal suggested asking staff what is the next available date and see if that is reasonable for the applicant. She added that a lot of time has already been spent on this application that was filed in June. Commissioner Rodgers cautioned that easement issues might take six months to finalize. Commissioner Nagpal pointed out that things for this project might change depending on the decision made by this Commission on the next item. It might change the equation for these folks. She said she would support a continuance to date certain. Chair Cappello: • Agreed that all three entities on site (dental office, the Christian Righteousness Center and this school) need to work together. • Said that the landscape plan needs to be addressed. • Said that he does not see a solution to the parking problem even with an easement. • Advised that he does not want to see an arrangement made with the adjacent shopping center, as they are in a pretty tight situation themselves as far as parking. • Added that the project coming up next will be one where a Variation of Standards for parking will be required, as they don’t meet the parking requirements on their own project. • Said that he too is typically in favor of a continuance, as he hates to say no to an applicant if there may be a solution available to them. • Stated that he just does not see what solution may be possible here. • Informed that he is more inclined, in these circumstances, to do a denial and cut the losses on this rather than string the applicant along just to be denied at a later date. That costs them time and money as well. • Announced that he is inclined to deny this project without prejudice. If they come up with a solution (he does not know what) they can always resubmit at a later date. Commissioner Zhao: Saratoga Planning Commission Minutes of October 22, 2008 Page 14 • Said that she likes to give an applicant the chance to explore different options such as reducing the number of students. • Agreed that the shuttle bus is not a good solution. It is not practical or workable. • Supported giving the applicant time to work out solutions. • Favored the continuance. Commissioner Kundtz: • Said that the applicant has heard the pros and cons for a continuance. • Said he is personally in favor of a continuance to a time specific. If not successful by that time a denial is likely forthcoming. Commissioner Hlava: • Said it so happens there are two-day cares on the agenda this evening. • Pointed out that there are long ques each school day on Saratoga Avenue for St. Andrews and on Cox Avenue for the Challenger School. • Stressed the importance of having an organized way for student drop off and pick up. • Reminded that there is a lack of parking here and the lot is on a very busy street. • Supported a continuance to a date certain. Commissioner Kumar said that a shuttle is not a good option for infants but better for pre- schoolers. He said that timing is up to the applicant as the urgency is theirs. City Attorney Jonathan Wittwer said that staff normally recommends continuances to a date certain to avoid the need to re-notice an item. However, in this case re-noticing will be necessary to bring in the other uses on site into the application. Chair Cappello agreed that it is a completely different project with the other uses included. Commissioner Nagpal said she does not want to lead anyone on. She supported setting a new date, outlining the expectations and making a decision at that time. Commissioner Hlava reminded that there are just one meeting each in November and December. She suggested a continuance of this item to the first meeting in January. City Attorney Jonathan Wittwer said that there should be a deadline for submitted information to staff for evaluation in preparation for the next hearing. He reminded that the City Hall would be closed for the last two weeks of the year. Commissioner Nagpal said that material from the applicant would be required by December 15, 2008. Chair Cappello suggested a continuance to a date uncertain with a set deadline for new information. Saratoga Planning Commission Minutes of October 22, 2008 Page 15 Director John Livingstone said that staff does not believe a date certain is necessary. If it takes too long, staff will notify the applicant. At a certain point, the application can be closed due to inactivity. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission CONTINUED TO A DATE UNCERTAIN consideration of a Conditional Use Permit (Application #CUP08-0007) to locate a Day Care Facility on property located at 19888 Prospect Road, by the following roll call vote: AYES: Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: Cappello ABSENT: None ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 3 APPLICATION #CUP08-0011 (386-01-027) – Lai/Kwok, 12000 Saratoga-Sunnyvale Road: The applicant is requesting a Conditional Use Permit to locate a Day Care Facility in an existing building in the commercial-visitor (C-V) zoning District. The site is located at the corner of Saratoga-Sunnyvale Road and Prospect Road. The Day Care Facility will occupy an existing vacant 5,527 square foot building. The proposed Day Care Facility would serve up to 60 students with seven employees and operate Monday through Friday from 7 a.m. to 7 p.m. There are 38 shared parking spaces to serve this proposed use. (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Informed that this is an application for a Conditional Use Permit to establish a Montessori School within an existing building, which is currently vacant. • Added that the school would serve 60 students and have seven employees. Operational hours are between 7 a.m. and 7 p.m. • Advised that the site plan has been amended to depict the relocation of the playground equipment and the use of wood chips beneath the canopies of all oak trees on site. • Described the property as one of three parcels that share parking and circulation. There is a reciprocal easement in place that was filed with the County on October 24, 1988. The total number of shared parking spaces must meet individual requirements. • Said that there are 195 spaces available and 199 spaces are required to support this and all other uses on site. This results in a deficit of four spaces or 1.6 percent of the parking requirement. • Stated that a Variation of Standards is appropriate in staff’s opinion given the limited shortage. • Reported that the previous bank required 28 or seven more than this proposed use. • Said that a traffic study was prepared by the applicant’s traffic consultant and reviewed by the City’s consultant. Both consultants found parking supply and circulation to be adequate to support this use. Of the 21 spaces, seven are for employees and 14 are for students. Saratoga Planning Commission Minutes of October 22, 2008 Page 16 • Recommended approval of a Conditional Use Permit that includes a Variation in Standards for parking to allow four fewer spaces than required. Staff also recommends that the project be found to Exempt under CEQA. Commissioner Rogers asked Planner Cynthia McCormick if she had spoken with Arborist Kate Bear regarding the trees. Planner Cynthia McCormick replied yes. She advised that Arborist Kate Bear has recommended use of wood chips under the canopy of the oaks. That requirement is shown on the site plan. Commissioner Nagpal said she knows the building was a bank before. Was it always a bank or was it ever retail? Commissioner Hlava said that at one time it was a very fancy interior design shop. Subsequent to that it was Saratoga National Bank and later San Jose National Bank. Commissioner Nagpal asked if a Use Permit was required for the bank use. Planner Cynthia McCormick said that a bank is a permitted use by right. Commissioner Nagpal asked about the questions raised in the email distributed regarding a different facility at another location operated by these operators. Planner Cynthia McCormick said that City Code allows home based childcare facilities with up to six children without requirement for a Conditional Use Permit. She added that based on the email there may be more than that there but staff has not yet gone out there. Commissioner Nagpal stated that this represents a Code Enforcement issue at a separate location. Commissioner Rodgers asked if the requirements for placement of wood chips beneath the oaks should be done under the supervision of Kate Bear. Planner Cynthia McCormick said that any area with oaks couldn’t have grass but rather only wood chips beneath their canopies. At the site visit with Kate Bear today, that requirement was added in and the applicant is aware of it. She said that it is possible to require that the landscape plan be reviewed and approved by the City Arborist. Director John Livingstone said that the proposed landscape plan would include removal of the ivy and planting of grass except under oaks where wood chips would be installed. Commissioner Kundtz asked how access to the play area would be made from the building. Director John Livingstone said that it is fairly easy to make access. All areas can be accessed reasonably. Saratoga Planning Commission Minutes of October 22, 2008 Page 17 Chair Cappello opened the public hearing for Agenda Item No. 3. Ms. Janice Yeh, Representative for Applicants: • Identified herself as the daughter of applicants Theresa Lai and Jerry Chen who are in the audience. • Reported that her parents have run a learning center for school aged children in Cupertino for four years and a small day care from their home in Saratoga for three years. • Advised that they have a good reputation and have seen a growth in the number of students. They are ready for a larger facility with a larger play area for the kids and more appropriately located in a commercial zone. • Said that the proposed use is a Montessori school that is bi-lingual for children between the ages of two to five. • Provided a drop off and pick up schedule for three full day programs and two half-day programs. The full day programs are called: Early Bird, Regular Hours and Late Bird. • Said that there are a total of 60 students but not all come or go at the same time. • Said that their new site is at the corner of Prospect and Saratoga-Sunnyvale Road. There are four entries to the site: Saratoga-Sunnyvale Road; Prospect; Kirkmont and Atrium Drive. • Explained that the site plan now depicts the removal of the ivy and cleanup of the landscaping. A play structure will be located to the right of the ramp with wood chips. To the right of that is a grassy area. • Assured that they would follow the recommendations of the City Arborist on where to place the wood chips and where to place the grass. • Advised that it is important to them to have a fenced in area for the play yard with a four- foot high metal picket fence so the kids don’t venture into the parking lot. • Advised that they are not planning on removing any trees on site. • Said that there would be minimal building modifications except for the addition of three doors. One is at the location of the former ATM machine to provide access to the play area from the building. Another door is more toward Prospect side of the building that also gives access to the play area. The third is a pair of glass doors facing Saratoga- Sunnyvale Road. There is currently not a door there. It will create an entry facing the main road and pedestrian access from the sidewalk to their building. • Said that changes to the interior include putting in partition walls to create three large classrooms and several smaller classrooms. The bathrooms will also be remodeled to meet ADA requirements as well as installing smaller plumbing fixtures to accommodate young children. • Stated her belief that this school will provide a service to parents and the community. • Advised that in the last census, 1,600 children were identified in Saratoga younger than age 5. • Assured that this school could provide important pre-school education. Commissioner Hlava asked Ms. Janice Yeh if adding double doors with access to the sidewalk means that some parents would likely walk their children to this school. Ms. Janice Yeh said that is what they are thinking. It seems to make sense to them. Saratoga Planning Commission Minutes of October 22, 2008 Page 18 Commissioner Rodgers asked if this door would also function as an emergency exit. Ms. Janice Yeh replied probably not. She said that there are exits from the classrooms and they prefer not to exit out onto a busy street. Commissioner Kundtz said that he presumed there are pretty significant insurance and licensing requirements. He asked if they are all in place. Ms. Janice Yeh said that they couldn’t yet be in place until they have a building permit and the building is inspected. She said that they must go through the City’s Use Permit process first and they will have to get their license from the State for this facility after that. Commissioner Kundtz clarified that the City process comes first. Ms. Janice Yeh replied right. Mr. Pradeep Fernandes, Resident on Pierce Road: • Said that his daughter attends their Cupertino facility and really enjoys it. • Stated that the Montessori format with bi-lingual education works out really well. • Added that having this facility in Saratoga is much more convenient for his family. • Highly recommended approval. Ms. Sunny Wong, Resident on Holiday Drive: • Said that she has two kids, Matthew, 6, and Crystal, 3, who has attended their program for 1.5 years. • Advised that she is here to show support for this wonderful school. • Reported that she moved to Saratoga five years ago and was surprised by the lack of bi- lingual schools in Saratoga. • Added that she had to send her kids to schools in Sunnyvale and Santa Clara, until she found The Growing Tree. Her kids are happy there and learning. The Montessori program is great and the school has loving and caring teachers. • Stated that she was given a comprehensive five-page report on her daughter during the school’s open house held in April. It outlined her learning progress and was impressive. • Said that she is really excited about this new site. It will be good for Saratoga students and their parents. • Urged approval. Commissioner Kumar said that he agrees with the Montessori program. His son is in one and he’s turned out much “smarter than myself.” Mr. Jay Fiore, Resident on Orbit Drive: • Identified himself as another enthusiastic parent. • Advised that he has two boys at their school for some time. They love the bi-lingual program. • Said the school offers a thorough attention to detail. • Added that it represents a service to the community. We have a real winner here. Saratoga Planning Commission Minutes of October 22, 2008 Page 19 Ms. Danielle Olsen, Resident on Green Meadow Lane: • Said that she too is here in support. • Said that she has a six-year old in another program but will be adopting a three-year old from Nepal in the next six months who will arrive speaking only Nepalese. • Stated her belief that day cares should be located in areas with adequate parking and are best located in commercial centers such as this one. Chair Cappello closed the public hearing for Agenda Item No. 3. Commissioner Nagpal: • Said that it is great to have the community come out and speak for bi-lingual education. • Said that she is ready to make a motion as she is comfortable with this application and wishes the applicants all the best. Commissioner Kundtz said he also supports this request but asks how the final licensing from the State is provided to the City. Chair Cappello said that likely it would be during the time the Certificate of Occupancy is issued. Commissioner Nagpal reminded of the standard condition to meet the applicable Federal, State and local laws. City Attorney Jonathan Wittwer said that the licensing is not required to be provided to the City but rather is on file with the issuing agency. Commissioner Kundtz said the project has his support. Commissioner Rodgers: • Agreed that this is a complimentary use to a shopping center and could be a boon to the center. A positive synergy would be there. • Stated her support. • Advised that her mom was a first grade teacher for many years and always enjoyed having Montessori students in her classroom. • Suggested that the applicant work with Kate Bear regarding the landscape plan and to ensure that no black plastic is placed under the oak trees. Commissioner Nagpal suggested including the four-foot fencing proposed on the landscaping plan. Planner Cynthia McCormick said that a detail is already on the plan set and it would be required to be included on the landscape plan. Chair Cappello asked if there are any issues with allowing a Variation to Standards for parking. Saratoga Planning Commission Minutes of October 22, 2008 Page 20 Commissioner Rodgers said that she has no problems with this, as there are a number of ways to access the property. There is good circulation and it is easy to share with the shopping center next door. Commissioner Hlava said that there is no current condition requiring submittal of a landscape plan. Would such a condition be added? City Attorney Jonathan Wittwer replied yes. Commissioner Hlava said that she can make the findings for this Conditional Use Permit and added that the provision of a landscape plan is important. She said that the Variation of Standards for a parking deficiency of just four spaces is no problem. She added that this would be a wonderful bi-lingual school and recounted how she recently visited a friend who has young schildren who are impressively tri-lingual in French, German and English. Commissioner Kumar said that with the added condition to provide a landscape plan, he too is in favor of this application including the Variation in Standards for the parking. Commissioner Zhao said that she could make all the findings including for the Variation in Standards for the parking. She said that there is a need and demand for bi-lingual Montessori schools and this one will be a great addition to the Saratoga community. Chair Cappello said he can make all the findings and has no problem with the Variation in Standards for the parking. He cautioned against this site giving up any parking in the future as to do so could jeopardize this Use Permit. City Attorney Jonathan Wittwer edited Condition 1, at the end adding, “In addition, the applicant shall submit a complete landscape plan (with fencing design shown) which shall be subject to review and approval by the Community Development Director and the City Arborist prior to issuance of a building permit.” Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, the Planning Commission granted Conditional Use Permit approval (Application #CUP08-0011) to located a Day Care Facility in an existing building on property located at 12000 Saratoga-Sunnyvale Road, changing the date called out in the resolution to 10/22/2008, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None Chair Cappello congratulated the applicants for bringing another gem into the community. *** Saratoga Planning Commission Minutes of October 22, 2008 Page 21 DIRECTOR’S ITEMS Director John Livingstone reminded that a condition had been imposed when the Use Permit for St. Michael’s Church was amended last year that offered the church and its neighbors the opportunity to submit update letters after September 19, 2008, on how the conditions of approval are being met. Letters received have been distributed to the Commission and the Commission may decide if they want to take any sort of action. Commissioner Hlava said that it would be helpful if residents understood the process for making complaints. City Attorney Jonathan Wittwer said that sometimes complaints come up when Code Enforcement staff is not at work. He suggested that residents contact the Sheriff’s Office after regular office hours and those complaints will in turn be brought to CE staff for follow up. Commissioner Nagpal restated that during office hours, reports could be made directly with the City’s Code Enforcement staff. After normal office hours, residents should report immediate problems to the attention of the Sheriff’s office. City Attorney Jonathan Wittwer said that third party complaints are necessary to document any infractions. Chair Cappello asked the Commission if any action is required this evening. Commissioner Hlava said that there is no action to take at this time. Commissioner Nagpal stressed the need to document complaints. Director John Livingstone reminded the Commission that there is just one meeting each in November and December. There are five items on the November agenda including the Fence Ordinance. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Nagpal, Chair Cappello adjourned the meeting at approximately 9:13 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk