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HomeMy WebLinkAbout04-23-2003 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, April 23, 2003 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Director Tom Sullivan called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Uhl and Zutshi Absent: Commissioners Barry and Schallop Staff: Director Tom Sullivan and Associate Planner Christine Oosterhous PLEDGE OF ALLEGIANCE ELECTION OF A NEW PLANNING COMMISSION CHAIR AND VICE CHAIR Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Garakani, the Planning Commission elected Commissioner Hunter to serve as Chair and Commissioner Zutshi to serve as Vice Chair for the next 12 months. (5-0-2; Commissioners Barry and Schallop were absent) APPROVAL OF MINUTES – Regular Meeting of April 9, 2003. Motion: The Planning Commission adopted the minutes of the regular meeting of April 9, 2003, with two minor corrections to page 5. (4-0-2-1; Commissioners Barry and Schallop were absent and Chair Hunter abstained) ORAL COMMUNICATION There were no Oral Communication items. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 17, 2003. REPORT OF APPEAL RIGHTS Chair Hunter announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). Saratoga Planning Commission Minutes of April 23, 2003 Page 2 *** CONSENT CALENDAR- ITEM NO. 1 APPLICATION #02-039, SARATOGA OAKS HOMEOWNERS ASSOCIATION, Appeal of An Administrative Decision: The Saratoga Homeowners Association has filed an appeal of an administrative decision made pursuant to Municipal Code Section 15-50.120, Tree Regulations, Violations Penalties. The administrative decision requires $35,439.00 in cash and $17,719.50 in native replacement trees for removing a total of 12 trees without a City issued tree removal permit. (CHRISTINE OOSTERHOUS) (APPLICANT HAS REQUESTED THAT THIS ITEM BE CONTINUED TO JUNE 25, 2003) Motion: The Planning Commission continued consideration of Application #02-039, Appeal by the Saratoga Oaks Homeowners Association of an Administrative Decision, to the meeting of June 25, 2003. (5-0-2; Commissioners Barry and Schallop were absent) *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #03-029 (386-10-007), TRIEU, 18480 PROSPECT ROAD: The applicant requests Conditional Use Permit approval to establish an internet access center. The proposed center shall include access to personal computers with high speed wired and wireless internet connections, as well as access to the latest hardware and software systems. The proposed center will also accommodate individual and group training on personal computers for various types of professional certifications. Audio and video conferencing capabilities will also be available at the center. The site is zoned neighborhood commercial. (CHRISTINE OOSTERHOUS) Associate Planner Christine Oosterhous presented the staff report as follows: • Advised that the applicant is seeking a Conditional Use Permit to establish an internet access center at the Saratoga City limits with San Jose. • Stated that the zoning for the property is commercial. • Described the proposed business as providing access to personal computers, high-speed wireless access, training and audio/video conferencing. • Informed that access to any sort of pornographic and gambling sites would be blocked. • Said that with a staff proposed reduction from 35 terminals to 20 terminals, staff is recommending approval of this Use Permit. Commissioner Uhl suggested that the Condition within the draft Resolution is clarified to include the blocking of access to any gambling sites in addition to the blocking of all pornographic sites. Associate Planner Christine Oosterhous agreed that this should be done, adding that at the time the Resolution was drafted she was unaware that it was possible to also block gambling sites. Chair Hunter opened the Public Hearing for Agenda Item No. 2. Ms. Mi Trieu, Applicant: Saratoga Planning Commission Minutes of April 23, 2003 Page 3 • Introduced her brother, and business partner, Tony Trieu. • Stated that due to the downturn in the economy, they are developing a safe environment for the home-based businessperson. A location that will provide them with a professional facility to conduct meetings. • Advised that she also works from her home and that having a meeting in a center such as this one is preferable to trying to conduct such a meeting from home. • Stated that this will be their second location. Their cell phone access business, called Mobile Fusion, opened three months ago on Saratoga Avenue in San Jose. Chair Hunter advised that she visited the proposed location on Prospect as well as the existing business on Saratoga Avenue and thanked the Trieus for their invitation to visit both sites. Commissioner Nagpal asked about the ability to block access to gambling sites. Ms. Mi Trieu assured that she wants to operate strictly a professional establishment without allowing access to either gambling or pornographic sites and that both filtering and software will be employed to block access to undesirable sites. Commissioner Nagpal asked the Trieus whether the business would still be viable with the staff- recommended reduction in the number of terminals from 35 to 20. Was that recommendation acceptable and could they live with that reduction. Ms. Mi Trieu replied that their lease is very affordable and that this reduction to 20 terminals would not become a financial problem for their company. Added that more tables and chairs would also be available for other services and/or meetings. Commissioner Garakani sought clarification that the plan includes additional seating in addition to the 20 allowed terminals. Commissioner Nagpal pointed out that the reason for limiting the number of terminals is due to parking concerns. Asked if this alternative of having additional seating still deals within the parking concerns. Asked the Trieus what their peak hours of operation would be. Ms. Mi Trieu replied that at Mobile Fusion, their peak hours occur after 4 p.m. She added that their goal is to conduct training in the mornings from 9 a.m. to noon. Commissioner Garakani asked staff for the reasoning behind the recommendation to limit the terminals to 20. Associate Planner Christine Oosterhous replied that per a strict interpretation of the Parking Requirements as outlined in the Municipal Code, this site is already full. Added that despite this fact, the parking appears adequate on site to accommodate this business. Commissioner Garakani suggested that the business be allowed to start with 20 terminals. Later they can come back to add additional terminals in the future. Commissioner Nagpal pointed out that if there are other people at the business in addition to the 20 using the provided terminals, limiting this business to 20 terminals may be pointless. Saratoga Planning Commission Minutes of April 23, 2003 Page 4 Associate Planner Christine Oosterhous said that the applicant will be providing revised plans and suggested that the specifics of space use be left to staff to finalize. Ms. Mi Trieu said that she has done a lot of research in finding a site. Added that she spoke with the landlord of the adjacent property next door about the use of parking on that site that is currently underutilized. Commissioner Zutshi asked if any digging for optical line would be done at this time. Ms. Mi Trieu replied that this is not a financially viable option for them right now and is not a part of their current business plan. Commissioner Zutshi asked if there is a T-1 line. Ms. Mi Trieu replied yes, the T-1 line is already there. Commissioner Zutshi pointed out that no printers are depicted on the floor plan. Ms. Mi Trieu advised that the three printers are located behind the counter since use fees will be charged per sheet printed, which must be monitored by staff. Commissioner Zutshi asked why televisions were proposed. Ms. Mi Trieu replied that these televisions would be used for videocassette training as well as to provide access to information, including CNN news coverage. Commissioner Zutshi pointed out that this could also lead to an increase in traffic. Ms. Mi Trieu: • Said that Mobile Fusion has four terminals as well as a lounge area. • Pointed out that patrons cannot stay on line continuously as there are access fees involved. Instead, they need other places available to conduct work that does not require internet access connection. • Added that she does not envision parking as a concern at this new location. Commissioner Zutshi pointed out that See’s Candy has seasonal busy periods and questioned availability of necessary parking to serve all businesses during those peak sales times. Ms. Mi Trieu replied that she spoke with the General Managers of See’s Candy, Round Table Pizza, the drycleaners and salons. None were concerned about this new business being established in their center. Reminded that there are also lots of parking spaces in the back. Commissioner Zutshi asked for the maximum class size. Ms. Mi Trieu replied 20 students. Commissioner Uhl sought clarification that all the businesses have been contacted, not just the larger ones. Saratoga Planning Commission Minutes of April 23, 2003 Page 5 Ms. Mi Trieu said she spoke with all the businesses and received positive feedback from each one. Commissioner Uhl asked if any expressed concerns. Ms. Mi Trieu replied no. She added that they are happy to have something different in this space, which was formerly occupied by an antique shop. She said that the other business owners believe her clients would result in additional business for the adjacent businesses in the center. Commissioner Uhl asked about internet access for children and how that would be handled. Ms. Mi Trieu replied that any children younger than 12 would be required to have a signed parental permission slip. There will be different access level terminals to ensure safety for children. Commissioner Uhl asked staff if this requirement is called out in the Resolution. Associate Planner Christine Oosterhous replied no. Commissioner Uhl asked Ms. Trieu if she would object to including this requirement for parental permission for children to use the internet services. Ms. Mi Trieu replied no. Commissioner Nagpal asked whether the drycleaners next door has separate ventilation systems and whether the workstations would be ergonomic. Ms. Mi Trieu: • Pointed out that the drycleaning is outsourced and does not occur on these premises. • Added that there is a separate ventilation system for the two units. • Said that the workstations would have leather seats and that her IT staff would select proper ergonomic furnishings for the terminals. Commissioner Hunter asked Ms. Trieu if she would have any problems encouraging her staff to park behind the building to leave spaces in front for the customers. Ms. Mi Trieu replied this would be no problem. Commissioner Zutshi added that it would be nice to encourage regular customers to park in the back too. There were no members of the audience wishing to address Agenda Item No. 2. Ms. Mi Trieu: • Assured that they have set up this business based on ethics. • Expressed confidence that they will be successful in Saratoga and good for the community. • Stated that this is a great opportunity to have a successful business and give back to the community. Chair Hunter thanked the Trieus again for the opportunity to visit both locations. Saratoga Planning Commission Minutes of April 23, 2003 Page 6 Chair Hunter closed the Public Hearing for Agenda Item No. 2. Commissioner Garakani stated that everything looks good. Commissioner Nagpal expressed support for this Use Permit with the proposed additions to the Conditions previously discussed: to require screening against access to both gambling and pornographic sites; to require written parental permission for children younger than 12 to access the internet and to require employees to park at the rear of the building as well as encouraging repeat customers to do the same. Commissioner Uhl expressed appreciation to the Trieus for their outreach efforts to the other businesses at the center. Said that it appears they have done very thorough research and that this proposal looks good. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Nagpal, the Planning Commission approved a Conditional Use Permit to allow the establishment of an internet access center on property located at 18480 Prospect Road with the added conditions: • To require screening/filtering to prohibit access to both gambling and pornographic sites; • To require written parental permission for children younger than 12 to access the internet; and • To required employees to park at the rear of the building as well as encouraging repeat customers to do the same, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Uhl and Zutshi NOES: None ABSENT: Barry and Schallop ABSTAIN: None Chair Hunter reminded that there is a 15 day appeal period. *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Committees as Discussion Items Director Tom Sullivan advised that future agendas will include Committee reports to allow discussion and update on these Committees’ activities as necessary. Meeting with Council Saratoga Planning Commission Minutes of April 23, 2003 Page 7 Chair Hunter asked for additional information about the Saturday meeting with Council. Director Tom Sullivan advised that in the past Council would meet with Commissions each Tuesday and decided to move this type of interaction to a single Saturday. Chair Hunter asked how long this would take. Director Tom Sullivan replied that the Planning Commission’s session with Council would last about 15 minutes and would begin at noon. Zoning Ordinance Update Commissioner Uhl reminded that the Zoning Ordinance review was continued to the next meeting and asked if materials would be provided in advance. Director Tom Sullivan said that the materials previously distributed have been revised a bit and that new copies would be distributed prior to the meeting. COMMUNICATIONS Written City Council Minutes from Regular Meeting on April 2, 2003. ADJOURNMENT TO NEXT MEETING Chair Hunter adjourned the meeting at 7:35 p.m. to the next Regular Planning Commission meeting of May 14, 2003, at 7:30 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk