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HomeMy WebLinkAbout10-09-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, October 9, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi Absent: None Staff: Director Tom Sullivan, Associate Planner John Livingstone, Planner Ann Welsh and Planner Christy Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of September 25, 2002. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Roupe, the regular Planning Commission minutes of September 25, 2002, were approved with corrections to pages 6, 10, 15, 18 and 21. AYES: Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: None ABSTAIN: None REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 3, 2002. REPORT OF APPEAL RIGHTS Chair Jackman announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). ORAL COMMUNICATIONS There were no Oral Communication Items. Saratoga Planning Commission Minutes of October 9, 2002 Page 2 CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #02-013 (503-69-002) – AMINI-MOAZENI, 13815 Pierce Road: Request for Design Review to demolish an existing single-story house and construct a new two-story house with 6,099 square feet on the main and upper levels and 2,569 square feet in the basement. The property is a 1.72-acre lot in the Hillside Residential District. The height of the structure will be 26 feet. (WELSH) (Continued from 9/11/02) Planner Ann Welsh presented the staff report as follows: • Advised that Application #02-013 seeks approval for a new two-story single-family residence on a 1.75-acre parcel within the Hillside Residential District. • Add that the existing single-story home will be demolished. • Pointed out that this parcel is steeply sloped with an average slope of 25 percent. • Described the proposed new home as including a three-car garage, Mediterranean style architecture with a terra cotta tile roof. The maximum height will be 26 feet high. • Advised that there are two frontages, one on Pierce Road and the other on Via Regina, which is a private road. • Informed that the applicant has provided signatures from 10 surrounding neighbors in support of his project. • Added that a letter from the Via Regina Homeowners Association denies the applicant’s request for an access easement to Via Regina and requires the removal of the existing fence. • Advised that there are questions about the Arborist report that require clarification and an updated tree report as it pertains to installing a driveway between two existing trees and the potential for impact on the health of those trees and their canopy. • Described options to deal with the driveway issue as including the reconfiguration of the proposed driveway, the elimination of the eastern driveway and/or a redesign of the home to place the house at the east side of the property. • Recommended approval once the driveway issue is resolve and with the provision of an updated tree report. Commissioner Kurasch asked if staff is recommending the Commission proceed without the Arborist report. Planner Ann Welsh replied that this would depend upon how the Commission chooses to deal with the driveway issue. Commissioner Roupe asked whether the Commission could grant driveway egress from Via Regina consider the fact that such access has been allowed for the last 15 to 20 years. Saratoga Planning Commission Minutes of October 9, 2002 Page 3 Planner Ann Welsh advised that there is no indication of a recorded easement for access to Via Regina. The Via Regina Homeowner’s Association has denied that right of access. Therefore, the Commission cannot legally grant access. Commissioner Barry asked about the intent to protect the tree canopy on Pierce Road. Planner Ann Welsh said that it is important to maintain the tree canopy to minimize the perception of bulk of this structure. Added that initially it had been thought that these trees were healthy but later learned that they may need to be removed. Said that staff believes a driveway could be placed without damage to trees. Commissioner Barry asked about the enclosed fence area. Planner Ann Welsh clarified that there is a restriction of no more than 4,000 square feet enclosed fence area, with the exception of enclosing a pool, and that this property is not currently in compliance. The fencing would have to be brought into compliance. Chair Jackman pointed out that enclosing the front of the property along Pierce Road would exceed 4,000 square feet. Planner Ann Welsh agreed that this is most likely true. Commissioner Garakani asked what the regulations are for a house near a main road as it pertains to allowable fencing. Planner Ann Welsh advised that there are some streets with special provisions, such as Quito and Saratoga-Sunnyvale Roads, but that Pierce Road is not one such street. Therefore, the maximum height that is allowed in the front yard is three feet. A property owner cannot put a higher fence closer than 25 feet from the front property line. Commissioner Hunter sought clarification on the three oaks; two of which it appears may need to come down. Planner Ann Welsh advised that the third oak is healthy and there does not appear to be a reason to take it down. Commissioner Hunter stated that it has been proven in other situations that once one or two trees from a cluster are removed, the remaining ones die. Commissioner Zutshi asked if the proposed placement of the garage has been made known to the neighbor. Said she would be interested in their comments. Planner Ann Welsh replied the proposal was not favorably received. Commissioner Roupe pointed out that this house is close to the total allowable floor area ratio. Advised that the area above the foyer will need to be counted twice since it exceeds height limitations. Planner Ann Welsh said that this area, exclusive of the stairway space, has been double counted. Saratoga Planning Commission Minutes of October 9, 2002 Page 4 Commissioner Kurasch asked about the net area of the site. Planner Ann Welsh said that she is not sure. A lot of area (approximately 45 percent) is lost due to the slope. Commissioner Kurasch reiterated that approximately half of the site is not buildable. Planner Ann Welsh replied definitely. Commissioner Hunter pointed out the French doors in the basement area. Planner Ann Welsh advised that the maximum allowable width of a light well is four feet. Commissioner Kurasch inquired whether story poles are automatically required. Director Tom Sullivan replied that the use of story poles were determined not be mandatory but rather used when judged necessary. Commissioner Hunter reminded that this applicant has sat through two meetings and had his application continued. Chair Jackman agreed that this applicant has been very gracious. Commissioner Garakani stated that it is hard to see the need for story poles in this situation where there are lots of trees around to provide screening. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:25 p.m. Mr. Mike Amini, Applicant/Owner, 13715 Pierce Road, Saratoga: • Informed the Commission that this process has been going on for the last seven to eight months and that he has looked at the City’s requirements carefully and designed a project that is careful not to require the removal of any trees. • Advised that the trees on this property are a key reason for his purchase of this property. • Said that the City’s Arborist pointed out trees with disease but did not include it in the report. Subsequently, he hired his own Arborist. • Pointed out that he has two small children, ages 7 and 11, and he wants fencing toward Pierce Road for the safety of his children. He needs that fencing to be taller than three feet due to noise. His wife wants the fencing for privacy and safety. • Stated that his Arborist informed him that if the two diseased trees are removed, the third tree will not survive. Therefore, the City is recommending the removal of this third tree. • Said that he is willing to work with the City on the driveway to save trees but that he does not want to change the placement of the garage to the other side as it would leave him without a yard space in which his children can play. • Stated that he has worked a long time on his design to meet the City requirements and his neighbors are supportive of his project. Commissioner Garakani asked if Mr. Amini is willing to work on the driveway issue. Saratoga Planning Commission Minutes of October 9, 2002 Page 5 Mr. Mike Amini replied yes. Commissioner Kurasch asked for the minimum width required for the driveway. Planner Ann Welsh replied 14 feet per the Fire District. Director Tom Sullivan said that the intent of Fire’s driveway width requirement is to be able to get fire apparatus close to a structure. This width is more critical when the home is located at the end of a long driveway. It is not as important in this case as the home is located close to the street. Mr. Mike Amini pointed out that for over 15 years the previous owner of his home had access from Via Regina. Commissioner Roupe said that nothing in the plans addresses fencing plans. Cautioned that a Variance would be required to fence as much area as proposed. Mr. Mike Amini said that one neighbor has asked that he not have any fencing between their properties so that she can continue to observe the wildlife that returns to the area. Director Tom Sullivan said that there is no application in for higher or additional fencing. This would have to be treated as a different application at a later date. Mr. Mike Amini asked if he could use the 4,000 square feet of fencing for his front yard. Commissioner Roupe cautioned that this 4,000 square feet represents enclosed area and not linear feet. Director Tom Sullivan suggested that the applicant could work with staff. Commissioner Barry said that Mr. Amini’s general direction seems to be supportable regarding the safety of his children. Mr. Mike Amini said that he has no problem without a fence along Via Regina or between neighbors. Mr. Mike Moazeni, 21781 Via Regina, Saratoga: • Said that they have obtained the consensus of the neighbors on this project. • Said that a couple of trees block visibility from Via Regina. Mr. Steve Lee, 21818 Via Regina, Saratoga: • Identified himself as the President of the Via Regina Homeowners’ Association. • Said that they met with the applicants but turned down their request for access to Via Regina. • Said that the main concern is visibility from Via Regina. • Added that they want to see the existing gate there permanently closed. • Said that the only other concern was construction. The residents have concerns about construction vehicles and parking. They do not want construction parking along Via Regina and ask that this restriction be made a Condition of Approval. Chair Jackman agreed that the larger trailers would have to off-load and leave the area. Saratoga Planning Commission Minutes of October 9, 2002 Page 6 Director Tom Sullivan agreed that there is no place to stay with a large truck. Commissioner Kurasch asked about the canopy of trees. Mr. Steve Lee said that he has no issues with trees. Their concern is visibility with the existing fence and vegetation. An area needs to be opened up to allow visibility when pulling out. Commissioner Barry suggested that the construction staging and management plan needs to be added to the Conditions. Director Tom Sullivan agreed that this could be added to the Resolution tonight. Mr. Mike Amini: • Stated that his new driveway plan provides five to six parking spaces during construction without bothering the neighbors. • Said that while he is willing to keep the gate access closed, he feels it would serve as an excellent fire access for his house and his neighbor’s. • Suggested letting the gate remain. Commissioner Kurasch pointed out that he would not have a 10-foot long driveway with the close of the Via Regina driveway. Commissioner Garakani supported keeping the gate for Fire access only. Chair Jackman suggested obtaining a fire lock through the Fire District. Commissioner Roupe reminded that a fire truck just needs to get onto the property but does not need to go all the way to the garage. Commissioner Kurasch pointed out that the neighbor across the street had their home reduced in size during the approval process because of bulk and mass impacts that were considered to be too great. Said that she was concerned about the size of this house and did not agree that the setback is sufficient to buffer that bulk and mass. Mr. Mike Amini said that his setback is almost twice required while that neighbor is right on the setback. Commissioner Kurasch said that the bulk is close to the street and will have an impact on the street. Said that this is not compatible. Mr. Mike Amini pointed out that the second story is located only in the center of the house. Commissioner Kurasch pointed out that most of the roof is over 20 to 25 feet in height. Added that the entry is extremely large and ostentatious and not compatible with the location. Mr. Mike Amini disagreed and said that the entry matches the size of the house. Saratoga Planning Commission Minutes of October 9, 2002 Page 7 Commissioner Kurasch stated that the structure is long. Chair Jackman pointed out that the use of impervious surfaces is at the maximum and asked if Mr. Amini is willing to make some of the surfaces pervious. Mr. Mike Amini replied yes. He added that he is considering reducing the size of the patio. Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 7:52 p.m. Commissioner Roupe questioned whether the Commission can proceed without the Arborist report given the limitations on construction within 10 feet of an oak tree. Commissioner Barry said that it would be unwise to go ahead without the Arborist report and that she would be very uncomfortable making a decision on the driveway without knowing the potential impacts on the tree roots. Chair Jackman suggested approving the rest of the project except for the driveway. Commissioner Barry said that it needs to be combined in order to address what access Fire needs. Commissioner Hunter stated she would like more information from the Arborist. Commissioner Barry said that if the driveway is constructed differently, it may have impacts on other trees on the property. Commissioner Kurasch pointed out that Barrie Coate suggested removal of certain trees. Commissioner Roupe asked how this project can be approved subject to development of the driveway and whether this might best been done with a continuance. Director Tom Sullivan said that the Commission has three options, a full continuance, action on the project with caveats or a denial of the circular driveway. Commissioner Hunter said that the safety of guests is better assured with a long driveway so they can pull completely off of Pierce Road. Commissioner Roupe supported approval with further driveway and tree considerations. Chair Jackman said that one part of the existing drive could serve as a parking area. Commissioner Kurasch pointed out that the applicant wants to keep that area for his yard. Commissioner Barry said that off-street parking, Fire access and the protection of the tree canopy are important issues. Said that she does not know the best solutions but that several options could be considered. Stated her understanding for the applicant’s desire to have a play area for his children. Chair Jackman said that the consideration of the fence area needs to come back. Saratoga Planning Commission Minutes of October 9, 2002 Page 8 Planner Ann Welsh said that this item would need to be advertised separately. Chair Jackman said that she is stuck on the issues of parking and trees. Planner Ann Welsh said that options can be discussed with the applicant. Commissioner Kurasch suggested that the applicant could make his proposal to Barrie Coate. Commissioner Roupe supported going ahead with the approval, except for the driveway. Commissioner Barry said her main issue is the fact that the house is too prominent for being as close to the road as it is. This house will be seen quite a bit. Added that she should like to see a reduction, particularly with the entry feature with its two-story roofline. Said that this is too much for where it is on the road and is not compatible with the rural road and surroundings and therefore not compatible. Commissioner Garakani said he has a different view. With eight large trees near the pool area, this blocks views going up. Down from Pierce Road, there are five large trees that block the view of the house. Said that some additional landscaping will take care of this issue. Commissioner Hunter asked for the height of the entry. Planner Ann Welsh replied approximately 20 feet. Chair Jackman stated that she feels the entry looks balanced and would look off-balance if it were to be smaller. Commissioner Hunter reminded that the Commission lowered another project’s entry to 16 feet and despite that reduction she was amazed at how large it appears as it is under construction. Commissioner Barry supported lessening the amount of second story roof. Commissioner Kurasch stated that this is still an imposing and huge structure that she will not support. Commissioner Barry agreed that it is too much. Commissioner Zutshi said that it is quite massive but has been broken into three steps. Chair Jackman said that it is massive but that it falls within the maximum square footage and that she cannot say no. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Garakani, the Planning Commission approved the Design Review for a new two-story single family house on property located at 13815 Pierce Road with the following additions to the Conditions: • Construction parking and staging shall be worked out with staff to assure no on-street parking; • The design and placement of the driveway leading to the garage shall be worked out with staff and be brought back to the Planning Commission with the advice Saratoga Planning Commission Minutes of October 9, 2002 Page 9 of the City’s Arborist regarding impacts on the tree canopy, fire access and off- street parking; • An effort shall be made to reduce the impervious coverage; • An Appropriate landscape plan and tree screening for the front of the property to screen the house from Pierce Road shall be brought back to the Planning Commission together with the driveway design; and • A reduction in the front entry height to 16 feet. by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Roupe and Zutshi NOES: Kurasch ABSENT: None ABSTAIN: None *** Chair Jackman announced that she would have to recuse herself from Item No. 2 since she lives within the notification area. She turned the gavel over to Vice Chair Kurasch at 8:17 p.m. PUBLIC HEARING – ITEM NO. 2 APPLICATION #02-176 (Reconsideration of DR-01-006, TUP-01-003, UP-01-002 and related applications) (APN’s 397-22-017, 397-22-019, 397-2-015, 397-22-012 & 397-22-042) – SARATOGA FIRE DISTRICT, 14380 Saratoga Avenue and 20473 Saratoga-Los Gatos Road: Request for Conditional Use Permit, Design Review, Lot Line Adjustment and General Plan Conformity Determination for vacation and abandonment of George Whalen Way (City alley located behind the existing fire station) and transfer of Heritage Plaza property from the City to the Saratoga Fire Protection District for a new fire station with variations to setback and landscape standards. Existing fire station and building at 14380 Saratoga Avenue proposed to be demolished, temporary facilities proposed to be located at 20473 Saratoga-Los Gatos Road during construction of new fire station proposed for 14380 Saratoga Avenue. (LIVINGSTONE) (Continued from 9/25/02) Associate Planner John Livingstone presented the staff report as follows: • Advised the audience that copies of the report are available in the lobby. • Gave a rundown on the process to date. • Said that Council denied an application to build a new fire station on September 5, 2001. • Reminded that Council initiated a collaborative planning process by forming an Ad Hoc Committee consisting of representatives from Fire, the Sheriff’s Office, County Communications, the Post Office, Federated Church and representatives from the Planning and Public Safety Commissions. • Reported that on July 17, 2002, Council approved a Settlement Agreement with the Fire District and that on August 7, 2002, Council approved sending the project back to the Planning Commission for review. • Advised that the Planning Commission is to review the project for general conformity with Scheme A. • Describe the plan to demolish the existing Contempo site building. • Said that Code requires one parking space for each employee or 24 parking spaces for this project. Eighteen are provided on site and six off site. The Fire District proposes to sell a portion of the Contempo site to Federated Church with an easement for use of six spaces. Said that 18 parking Saratoga Planning Commission Minutes of October 9, 2002 Page 10 spaces are provided on the Fire District property with 10 public parking spaces, which would be controlled by the City. • Mentioned the Public Works Director’s memo, which outlines three parking and circulation scenarios. • Stated that staff is recommending Scenario 1-A from that memo, which is a full circulation plan. • Advised that the Post Office has not yet approved this newest proposal so staff is recommending that all three options be ranked in the event that this one does not prevail. • Pointed out that a desk item was distributed with the Parking Plan proposed by the City’s consultant. • Assured that the five parking spaces in front of the Post Office have not been affected. • Said that restriping along Saratoga Avenue will only slightly change centerline by one foot or less. • Said that the Consultant is recommending the move of the pedestrian walkway, which staff supports. • Advised that a Mitigated Negative Declaration has been prepared and approved by the Fire District. • Recommended approval of the Design Review and Conditional Use Permit applications, the vacation of the right of way (George Whalen Way), the transfer of Heritage Plaza property and acceptance of two easements. Commissioner Roupe inquired if there is actually enough information to approve Scheme A. Associate Planner John Livingstone replied yes. He added that the Settlement Agreement further outlines the plan. Commissioner Hunter asked if the sidewalk on Saratoga would remain. Associate Planner John Livingstone replied yes. The pedestrian walkway will be moved further away from the roadway for added safety. Commissioner Hunter asked for clarification on the widening of Saratoga Avenue. Associate Planner John Livingstone replied that the roadway would be striped differently. Acting Chair Kurasch pointed out the various pieces of correspondence received as desk items. Commissioner Barry asked why better neighborhood involvement was not achieved. Associate Planner John Livingstone advised that staff noticed the neighborhood on September 15th, which was 10 days prior to the September 25th meeting. Commissioner Barry said that she would like to question a Traffic Engineer on the room needed for the two-way circulation scheme. Acting Chair Kurasch pointed out the newest memo from Fehr & Peers, stating that the current plan does not address concerns about left turns from Highway 9 or left turns from Saratoga onto the alley. Associate Planner John Livingstone said that the Public Works Director is recommending the painted island on Highway 9 is shortened to allow a left turn pocket. Saratoga Planning Commission Minutes of October 9, 2002 Page 11 Acting Chair Kurasch questioned the provision of construction parking. Associate Planner John Livingstone said that the applicant did add to the back of the plan set a construction plan. Additionally, staff has added a Condition that does not allow construction vehicles and/or employees to park off site. The applicant will have to be creative. Acting Chair Kurasch reminded of the request from the last meeting to include: a review by Caltrans of the proposal; a Survey of the property; revised plans for the net site area; documentation of Caltrans support and a San Jose Water verification of cooperation. Commissioner Roupe pointed out pages 4 and 5, items 1 to 9. Acting Chair Kurasch stressed the need to obtain verification of the agreements to be made. Commissioner Barry stated that the letter from Caltrans does not appear to be a vote of confidence for the traffic scheme. Associate Planner John Livingstone: • Said that a survey was done to try to clarify lot coverage and was stamped by a licensed land surveyor. • Stated that Public Works would work with Caltrans on the intersection, right turn lane and encroachments of driveway entrances. The fire access/apron off of Saratoga Avenue is not looked at by Caltrans. Acting Chair Kurasch questioned the logic and reasoning for leaving the plaza and monument in place during construction. Associate Planner John Livingstone said he was not sure. Acting Chair Kurasch opened the Public Hearing for Agenda Item No. 2 at 8:42 p.m. Chief Ernest Kraule, Saratoga Fire District: • Reminded that two weeks ago, they received directions from the Planning Commission. • Advised that they have met with staff and made revisions. • Agreed that they do not have much room but they have made the best use of space. They are trying to work through the process to replace this building. • Said that the bond issue was passed in April 2000 and that this has been a long drawn out affair. • Advised that his job is to replace a worn out fire station. • Pointed out that there has never been an accident or even a close call when leaving the site. Ms. Mary McGrath, Consultant to the Saratoga Fire District: • Stated that she has received the letter from the Neighborhood Association, has brought forward a new color board and has letters from the Federated Church, agreeing to provide six parking spaces, and Caltrans, with their review and comments. • Described Phase I to now include the move of the arch, the demolition of the Contempo building and closing the alley. Phase II will include modifications to Saratoga Avenue and Highway 9, landscaping the pedestrian plaza and reconfiguration of traffic. Saratoga Planning Commission Minutes of October 9, 2002 Page 12 • Advised that setback variations are required and assured that lot coverage is 30 percent maximum. • Said that the architectural style is intended to compliment the Federated Church, using a Julia Morgan style. • Pointed out that the apron area is 64 by 60 feet and could be used by the contractor during construction as a layout area. • Added that a newsletter will be sent to the neighborhood about construction activities. • Discussed site circulation and advised that they had revised their plan to relocate the drop boxes more to the north of the alley. A two-way 24-foot wide entrance will come off Saratoga. Commissioner Zutshi asked Ms. Mary McGrath whether the Post Office has approved this newest circulation plan. Ms. Mary McGrath replied not in writing. They have the verbal agreement as long as the five spaces on Saratoga are retained. The Post Office representative at the last meeting expressed this intent. Commissioner Barry stated that the Post Office must clearly specify what they are approving. Acting Chair Kurasch asked about the plan for pass through traffic associated with off-site circulation. Ms. Mary McGrath said that the plan provides adequate parking for the Fire District. They have worked with Federated Church for the placement of six parking spaces for Fire use. These spaces are accessed via Park Place. Stated that this plan will remove traffic from Park Place. Commissioner Roupe asked when the gate on the church lot is closed. Ms. Mary McGrath stated that Arvin Engelson would address this issue. Commissioner Garakani reminded that the church site is not under consideration tonight. Commissioner Zutshi pointed out that the layout includes parking during construction on church property. Ms. Mary McGrath reiterated that no on-street parking will be allowed for construction vehicles. Instead the apron area will be used. Mr. Hal Toppel, Attorney for Saratoga Fire District: • Assured that there is plenty of room on site for vehicles, equipment and materials storage. • Said that the contract with the contractor will require that all construction vehicles and workmen park on site. This would include a contractual obligation that Park Place not be used to travel to and from the site. • Said that while they hope to have an agreement with the church for the sale of property, if it does not happen, the District would own the property. • Stated that problems have been addressed and that even once the facility has been completed, the rules remain in effect. • Said that they have met with City staff on other issues and worked them out, including responsibilities for improvements to the intersection. Saratoga Planning Commission Minutes of October 9, 2002 Page 13 • Stated that the conditions are acceptable and that they are willing to go forward and that it is appropriate to go forward. • Advised that they will need encroachment permits from Caltrans that that they don’t expect problems. • Made himself available for questions. Commissioner Zutshi asked staff for the height limitations for construction enclosures. Associate Planner John Livingstone said that he did not have that information. Mr. Don Whetstone, 14768 Vickery Avenue, Saratoga: • Described the Negative Declaration prepared as being both vague and opaque. • Stated that the Village Green Homeowners’ Association had a relationship with the Ad Hoc Committee. Scheme A is not the work of the Ad Hoc but rather of the Fire District. It does not represent a collaborative effort. • Expressed problems with the elimination of setback requirements as rules need to be enforced. • Said that the proposed staging plan on the apron could result in trucks backing out onto Saratoga Avenue and that this area is not large enough to serve as a staging area. • Said he is concerned about encroachment into his parking. • Stated that the temporary emergency response path is unworkable and not okay. Acting Chair Kurasch asked for Mr. Whetsone’s opinion on the parking, both during construction and permanent. Mr. Don Whetstone said that it appears construction parking is non-existent. Added that if this site were developed with an office building of the same size, 62 parking spaces would be required. Mr. Arvin Engelson, 20381 Seagull Way, Saratoga: • Identified himself as a representative of Federated Church. • Said that he can address a couple of issues raised. • Said that the intended use of the Contempo site by the church is for parking. • Added that the church is actively interested in that part of the agreement. • Said that they recently remodeled and are trying to reorient pedestrian access to the rear of their building whereas previously 70 percent accessed from the front. • Stated that if they are able to acquire this property, they would be happy to accommodate six spaces for parking by Fire at shift change. • Assured that the church shares the interest in preventing the use of their parking lot as a cut through for traffic. Acting Chair Kurasch asked how close the church and Fire District are to an agreement. Mr. Arvin Engelson said that a value has to be established and that an appraisal is underway. The church is willing to pay market value and there is an internal process whereas the church will have to have a meeting to decide on the purchase. Commissioner Garakani questioned whether the sale of this lot will result in a non-conforming lot. Saratoga Planning Commission Minutes of October 9, 2002 Page 14 Mr. Arvin Engelson said that it is his understanding that the parcel would be merged with the church parcel. Commissioner Garakani asked if there is a guarantee that the lot would only be used for parking rather than being developed. Mr. Arvin Engelson said that they would enter into whatever agreement is necessary. Director Tom Sullivan pointed out that minimum lot sizes in the area are 12,000 square feet. Commissioner Roupe clarified that a lot line adjustment would include this parcel into the overall church property. Associate Planner John Livingstone added that it would be connected legally to the fire station lot for the provision of parking spaces. Mr. Arvin Engelson stated that this has been a very public process and that they are looking at ways to improve relationships with the neighbors. This is such an opportunity. Mr. Aaron Katz, Bohlman Road, P.O. Box 116, Saratoga: • Advised that he owns property a block and a half away. • Stated that he has no hidden agenda and is prepared to speak objectively. • Said that he does not believe that the Contempo property will be demolished. • Declared that taxpayers paid $3 million for this property and it will be sold to the church for next to nothing. • Said that since 8,000 square feet of the new building is being dedicated to support services, adding a second floor to the Contempo building could accommodate those support services. • Asked that careful study be done and to stop rushing. • Stated that the process needs to be slowed down and other options investigated. • Questioned the plan to demolish both buildings and install a temporary station. • Asked the Commission to read the Settlement Agreement carefully. Ms. Denise Michel, 20375 Park Place, Saratoga: • Identified herself as a Co-President of the Village Green Homeowners’ Association. • Said that this residential street is very concerned with cut through traffic. • Declared that the development of this plan and Use Permit application has been a deeply flawed process. • Added that while the Fire District worked out their plan with the Post Office and Church, the Village Green Homeowners’ Association was not called. • Stated that the District failed to adequately inform them of the process. • Reminded that the Village Green Homeowners’ Association had commented on the previous plans extensively and provided detailed testimony of its concerns at previous public meetings. • Added that the Fire District was instructed by Council to work with the neighbors but the District chose not to include us. • Said that the plans were not shown in advance and that the only reason she has the plan at all is that she called the City Manager last week and learned at that time of the pending Public Hearing. • Stated that most residents were not aware of this meeting until October 7th or just two days ago. Saratoga Planning Commission Minutes of October 9, 2002 Page 15 • Stated that six months ago, there was a commitment made by the City for them to be kept involved. Fire and City staffs have dropped the ball. • Declared this project too important to rush through. Commissioner Roupe asked staff about noticing. Associate Planner John Livingstone provided an affidavit for the noticing sent out on September 13, 2002, which included 20375 Park Place. Ms. Denise Michel stated that she did not receive it. Added that for six months the City staff excluded the Village Green Homeowners’ Association and made it too hard. Commissioner Zutshi asked what Ms. Michel means. Ms. Denise Michel said that the City did not contact them and did not involve them in the plans. Commissioner Zutshi asked about involvement in the Ad Hoc Committee. Ms. Denise Michel advised that the work of the Ad Hoc Committee ended in April. Until that point, she had served as a representative on that Ad Hoc Committee. Commissioner Garakani asked about the letter from the Village Green Homeowners’ Association. Director Tom Sullivan advised that the message was forwarded by email to each Commissioner. Acting Chair Kurasch asked about the testimony given before Council. Ms. Denise Michel stated that the issues raised have not yet been addressed. Commissioner Roupe asked Ms. Michel what problems she has with the new proposal. Ms. Denise Michel said that 50 to 70 percent of the traffic speeds near the Saratoga-Los Gatos Road proposed entrance. Commissioner Barry: • Thanked Ms. Michel for her comments. • Pointed out that extensive efforts were made to involve everyone in the Gateway project and that she is unsure why similar efforts were not made by the Fire District to include the residents in the review of this project. • Pointed out that staff is simply responsible for mailing out Public Hearing notices. • Stated that she is not happy that the Village Green Homeowners’ Association was not included in project review and that she believes the plan should be studied with these neighbors. Commissioner Garakani said that he supports neighborhood involvement early in the design process. Asked staff when the Village Green Homeowners’ Association memo was emailed to the Commissioners. Saratoga Planning Commission Minutes of October 9, 2002 Page 16 Ms. Denise Michel stated that the email was sent to the City on Monday, October 7th. Added that they had been involved in the review process for one year, until April when the Ad Hoc Committee concluded its work. Mr. Bob Egan, 14890 Montalvo Road, Saratoga: • Identified himself as the Chair of the Fire Committee for the City of Saratoga. • Said that he has met with the City Engineer, City Manager, City Attorney and Council Members. • Advised that Saratoga Avenue will not be widened but rather restriped. This will have no impact on the five Post Office parking spaces along Saratoga. • Stated that parking on the property has been resolved and that emergency response can get down the alley and/or exit onto Highway 9 in the event that the Saratoga exit could not be accessed. • Said that Denise Michel had called to set a meeting but they were unable to meet today, which he regrets. • Said that Council and the neighbors raised three issues. • One, to eliminate the cut through traffic through the neighborhood. Added that the Fire District can only control fire traffic. • Two, to prohibit the use of the Village Green neighborhood for parking. Said that they have notified Fire personnel only to use designated Fire parking spaces. • Three, to preserve the historic integrity of the neighborhood. • Stated that the contractor will be charged with keeping construction parking and traffic off of the neighborhood streets. • Added that he often is questioned by citizens as to why the new station is not yet built. • Urged approval. Acting Chair Kurasch stated that she is having a hard time understanding exactly what is the construction phase parking and material-staging plan. Mr. Bob Egan reminded that the contract for a contractor is not yet out. Added that no construction would begin until the slab has been poured and cured. Commissioner Barry said that one problem she sees with the construction staging plan is that the applicants are only saying what they will not allow rather than what will actually be done. Added that the neighbors want answers to that question. Mr. Bob Egan said that they could tell people not to park on the neighborhood streets. Commissioner Barry asked where they would be able to park. Chief Ernie Kraule said that if they have to transfer construction workers to the site with a plan like Our Lady of Fatima recently prepared, bringing them from West Valley College, they would make such arrangements. Commissioner Barry cautioned that such arrangements have to be made first. The proposal tonight is not enough to satisfy concerns. Added that West Valley College neighbors would have to be dealt with too. Saratoga Planning Commission Minutes of October 9, 2002 Page 17 Commissioner Hunter stated that the trust issue must include a leap of faith that Fire will take community interests into consideration. Commissioner Roupe stated that he tends to agree and can assume that they will enforce their contractual agreements. Chief Ernest Kraule assured that he will be involved with this project until it is finished. Mr. David W. Dolloff, 20685 Seagull Drive, Saraoga: • Identified himself as a member of the Ad Hoc Committee. • Said that as a point on the lack of notification, no member of the Ad Hoc Committee received notification of this evening’s meeting. He found out from Don Whetstone, who lives within 500 feet and therefore received notification. • Said that a major concern is the need for written statements from all parties verifying that they will cooperate with the process and design. • Cautioned that the Post Office has not yet agreed and that nothing can be approved until they do. • Pointed out that hundreds of hours have been put into this project. • Suggested that the Commission not take a leap of faith with these people. Ms. Meg Caldwell, 20201 La Paloma Avenue, Saratoga: • Distributed a written statement from Mr. Dave M. Solomon. • Identified herself as the second Co-President of the Village Green Homeowners’ Association and will try to respond as well as she can to issues raised tonight. • Stated that the circulation of vehicles has not yet been adequately addressed. • Pointed out that the Village Green Homeowners’ Association is a fairly reasonable group of people with a demonstrated ability to work out issues and come to agreement. Such was the case four years ago when Pinn Brothers was developing nearby as well as with Federated Church. • Added that they are feeling like the “odd man out” in this situation since the conclusion of the work of the Ad Hoc Committee. • Stated that the construction phase will have an enormous impact on their neighborhood. • Disagreed with the Draft Mitigated Negative Declaration’s contention that all impacts have been fully mitigated. Rather real plans for mitigation are needed with public input. Mr. Brian Rosevear, 20283 La Paloma Avenue, Saratoga: • Said he is a graduate of Cal Poly with a degree in Architecture. • Stated that he is a contractor and has lots of issues with the staging for this project. • Said that it is important to have a clean access point. • Pointed out that before the pad can be poured, the basement will be dug and electrical and plumbing installed. • Said that the neighborhood has not been given the opportunity to provide adequate input and issues need to be worked out before this goes forward. Commissioner Barry asked Mr. Rosevear if he has experience with such projects. Mr. Brian Rosevear replied yes. He has constructed in San Francisco, including schools and office buildings. Saratoga Planning Commission Minutes of October 9, 2002 Page 18 Commissioner Barry asked Mr. Rosevear if, in his opinion, significant problems will be raised in managing this construction site. Mr. Brian Rosevear stated that these answers are needed up front. There will be over 200 trucks coming and going from this site and people want to know where they are going to go. Commissioner Garakani asked Mr. Rosevear if he has issues with the building beyond the construction phase. Mr. Brian Rosevear replied that it is his personal opinion that this building is too big for its site. Mr. Ed Farrell, 20877 Kittridge Road, Saratoga: • Expressed concerns over parking. • Pointed out that when Council overturned the Planning Commission approval for the firehouse, two Commissioners supported overturning the approval. • Suggested that the Commission looks at the 24 parking spaces carefully and asks the applicants to count out the spaces. • Reminded that the Post Office owns some of the parking and the fact that the Sheriff’s office is leaving is something that should be verified. • Suggested that this is some sort of shell game when considering the spaces for shift change parking. • Cautioned that there would be some overlap. • Questioned the reasoning for selling off 40 percent of the Contempo site and proposed that it should be kept for additional parking. • Stated again that he wants to see a final count of parking. • Said that neither the Post Office nor Caltrans has yet approved this project and that this project should be contingent on Post Office and Caltrans actions. • Thanked the Commission for its attention. Mr. Victor Monia, Granite Way, Saratoga: • Said that while it is nice to talk about the good intentions of the contractor, he has 25 years of experience working with contractors. • Challenged the Commissioners to provide their home phone numbers so that area residents can call them when on one else is around to deal with problems from this site. • Stated that in the real world, no one is around to receive complaints at 6:30 in the morning. • Called this project the “Dolly Parton Project” with too much Dolly for too little dress. • Said that there is no entitlement to build this building on this site so they must use the Use Permit process to accommodate it. • Declared that this is not a good site. • Asked the Commissioners to be leaders, to have courage, to tell them no, to do the right thing or find a site that works. • Offered as a suggested alternate site the land between the library and church with this proposed site being turned into a park. • Stated that this project is not fair. • Expressed support for a good firehouse in a place that is both proper and good. Mr. John Thomas, Traffic Engineer, Caltrans: • Advised that he was asked to speak by Commissioner Barry and the Fire District. Saratoga Planning Commission Minutes of October 9, 2002 Page 19 • Said that the plan for a signal at Oak does not qualify and Caltrans would not approve it as it is too close to the signal at Saratoga. • Added that an emergency signal could be installed. • Pointed out that Highway 9 traffic is too heavy to allow left turns onto this site. Commissioner Barry expressed concerns about the travel path from the fire station to the Oddfellows site and asked Mr. Thomas if he were the engineer who prepared a study for the Ad Hoc Committee. Mr. John Thomas replied no. He added that he did give email comments on the study. Commissioner Barry asked Mr. Thomas for his opinion on the location of the fire station. Mr. John Thomas declined to give an opinion. Director Tom Sullivan advised that a proposal for a signal at Highway 9 and Oak is not a part of this application. Commissioner Kurasch asked if there is an advantage to having an emergency signal installed. Mr. John Thomas advised that the Fire Department has control of the signal now. Commissioner Kurasch expressed concerns about the 12-foot wide alley for an exit. Mr. John Thomas agreed that it is narrow. Mr. Reese Williams, 20119 Knollwood Drive, Saratoga: • Identified himself as a 34-year resident and native of Saratoga and member of the Ad Hoc Committee. • Stated that he is deeply interested in this project and that there has been a tremendous amount of community involvement. • Pointed out that many changes will occur outside the scope of this project. For example, five spaces for the Post Office off of Saratoga Avenue. • Said that strong support is expressed for a new fire station. This project has been well thought out and has a creative design. The phasing and circulation has been well put together. • Stated that this will be a civic cornerstone building for all Saratoga to be proud. • Pointed out that Council adopted the Scheme A proposal. • Advised that sleeping accommodations are not a support function but rather are an essential operational function. • Said that the process has been open and that communication is a two-way street. Mr. Ron Vega, Assistant Fire Chief, Saratoga Fire Department: • Discussed the traffic flow during and after construction. • Assured that they have a standing policy not to use the Village Green neighborhood. • Said that all their traffic flows on major roads, Big Basin, Saratoga and Highway 9. Commissioner Barry: • Pointed out that the Bond Issue was originally intended to make the station earthquake safe. Saratoga Planning Commission Minutes of October 9, 2002 Page 20 • Asked Mr. Vega whether Fire is building a station for yesterday and today or for tomorrow. • Asked what the future will be for a regional fire plan. • Questioned how this plan accommodates the ability to fight a major Hillside fire or other such major disaster. Mr. Ron Vega replied that the plan is for tomorrow. Added that it includes increased staffing and vehicles. The whole plan is to provide the best public safety services possible. Commissioner Barry expressed doubt that the necessary equipment is in place to fight Hillside fires and other major disasters. Mr. Ron Vega pointed out that there would be a new patrol fire apparatus for those types of applications, a new fire aerial truck. The whole plan is based on future fire service delivery. Acting Chair Kurasch called for a break at 10:40 p.m. Acting Chair Kurasch resume the meeting at 10:50 p.m. Acting Chair Kurasch summarized the letter delivered this evening on behalf of Mr. Dave Solomon 20393 Park Place, Saratoga, expressing support for the construction of a new fire facility with some concerns about cut through traffic and circulation. Mr. Hal Toppel, Attorney for the Fire Department: • Summarized the three categories of concern: the impact of construction on the neighborhood, Caltrans and Post Office arrangements. • Stated that all three areas can be addressed with Conditions. • Suggested a Condition that the District, in collaboration with the Valley Green Homeowners’ Association, develop a construction staging and traffic pan. • Suggested a Condition that requires the District to obtain all necessary encroachment permits from Caltrans. • Suggested a Condition requiring the District to obtain an easement from the Post Office. If it is not possible, an alternative plan would be required. • Stated that they have come up with plans that addressed all the Village Green Homeowners’ Association concerns. • Added that he has heard no complaint from them on the project itself. • Stated the need to move forward. • Urged the Commission to take action tonight. Acting Chair Kurasch questioned how to deal with two separate parcels with perhaps a covenant to restrict them. Mr. Hal Toppel said that there are two types of agreements. One to restrict the use of the Contempo lot strictly for parking and another for the permanent dedication of 10 spaces for public use. Acting Chair Kurasch asked Mr. Toppel whether the Fire District is agreeable to meeting with the Village Green Homeowners’ Association. Saratoga Planning Commission Minutes of October 9, 2002 Page 21 Mr. Hal Toppel replied yes. Commissioner Garakani pointed out that parking concerns have been addressed quite a lot. Wondered why the Contempo property should be sold. Mr. Hal Toppel advised that the sale of the Contempo property to the church makes parking possible. Commissioner Garakani again asked why sell the property at all. Mr. Hal Toppel: • Reminded the Commission that the project has sufficient parking. • Added that the new station has been setback so that trucks can back into the station. • Said that the area with a zero setback faces onto a parking lot. • Said that they are both trying to solve the neighborhood problem and generate money to finance the project. Acting Chair Kurasch said that without the sale of the Contempo property the fire station would have more parking. Commissioner Garakani said that he has concerns about parking lot circulation. Mr. Hal Toppel pointed out that the more challenging parking spaces are restricted spaces with posted signs while the public parking is easily accessed. Commissioner Zutshi asked why not keep the Contempo building during construction of the new fire station. Ms. Mary McGrath advised that they solicited construction bids to renovate the Contempo building for temporary use as a fire station. The cost of $220,000 was $40,000 more than the cost of demolishing the existing Contempo building and installing leased modular buildings. In addition, the project gets a parking lot. Commissioner Garakani pointed out the 18,000 square foot size of the building. Ms. Mary McGrath reminded that 2,500 square feet is basement. Commissioner Garakani asked what has been added to require the additional 2,500 square feet. Ms. Mary McGrath replied a training room and communications storage. Commissioner Garakani asked why City property is needed to be transferred to this project. Ms. Mary McGrath replied because of the requirement for 59 feet in front of the bay. Acting Chair Kurasch advised that Design Review includes impacts and the Commission is trying to understand the size of the building. Ms. Mary McGrath advised that the size is totally operationally driven. Saratoga Planning Commission Minutes of October 9, 2002 Page 22 Acting Chair Kurasch stated that the mass of this building is so large for this corner. Ms. Mary McGrath state that it is 20 feet high in the rear and 30 feet high at one point. The project complies with Ordinance as far as height. The project has less than 30 percent coverage and offers sufficient parking. Acting Chair Kurasch said that issues of bulk and mass still exist. Commissioner Roupe asked about material colors. Ms. Mary McGrath showed the materials sample display with muted non-glossy tile, copper gutters and two-tone roof tiles. Acting Chair Kurasch said that these materials are very nice. Chief Ernie Kraule: • Said that they seek an operating fire station with adequate staff to serve a community with a four- minute response time. • Pointed out that this location offers easy access in four directions and that they are able to respond to Hillside fires. • Agreed that better communication should have occurred with the Village Green Homeowners’ Association. • Stated that they desperately need a fire station on this location. Commissioner Barry asked if the Traffic Engineer from Fehr & Peers is present. Mr. Jason Pack, Traffic Engineer, Fehr & Peers: • Stated that he reviewed the latest proposed architectural layout with ingress one way from Saratoga with right turns and a left turn pocket from Saratoga. The drive from Highway 9 is full access. • Said that the 17-foot aisle width for two-way traffic is less than the 20 to 24 foot width that is preferred for two-way traffic. Commissioner Zutshi asked about access to Park Place. Mr. Jason Pack said that there is no access to Park from the Fire property but only from the Church. Acting Chair Kurasch asked about the proposed left-turn pocket on Highway 9. Mr. Jason Pack said that the proposal is to restripe the existing painted island for a left turn pocket. Director Tom Sullivan advised that work is being done on a traffic study together with the Village Green Homeowners’ Association. Acting Chair Kurasch said that the changes are really positive. Asked Mr. Pack for his suggestions on staging. Mr, Jason Pack replied that his expertise is only on-site circulation. Saratoga Planning Commission Minutes of October 9, 2002 Page 23 Acting Chair Kurasch closed the Public Hearing for Agenda Item No. 2 at 11:27 p.m. Acting Chair Kurasch asked Director Sullivan for a suggested order in dealing with the temporary Use Permit, Negative Declaration and Design Review. Director Tom Sullivan advised that the Negative Declaration was done by Fire as lead agency. The Commission needs to develop two separate Resolutions. One for the Design Review and Use Permit. The second is to make the determination that this project is consistent with the General Plan. Commissioner Roupe asked if the Lot Line Adjustment is included in the first Resolution. Director Tom Sullivan replied yes. Commissioner Zutshi asked about other Settlement Agreement points such as setbacks and the demolition of the Contempt building. Associate Planner John Livingstone advised that the Settlement Agreement requires a specific number of parking spaces, height and maximum 30 percent coverage. There are 10 City-controlled spaces in the transfer of land. Commissioner Roupe said that he had asked the City Attorney if the proposal was significantly in conformance with the Settlement Agreement to act upon this and the City Attorney said yes. Acting Chair Kurasch said that she questions the review of the Negative Declaration. Commissioner Roupe stated that the Commission is simply reviewing it but has no approval authority on it. Suggested changing the wording in the Resolution to read that Fire has made the necessary findings for the Negative Declaration. Commissioner Barry asked what would happen if the Commission finds the Negative Declaration does not pass muster. Associate Planner John Livingstone replied that the Commission does not have the standing to make that statement. Director Tom Sullivan suggested that the second sentence be deleted which make mention of Fire environmental documents attached. Acting Chair Kurasch stated that Fire has nothing to do with the actions of the Commission. Commissioner Garakani: • Said that as an ordinary citizen, he thinks this building looks good. It is a nice building with a nice setback. However, as a Commissioner, he is not here to see what is nice or not nice but rather to hear from the residents regarding the impact on Saratoga. • Said that a lot of existing conditions do not work and something has to be done to make them work. • Agreed that lots of effort went into designing the building but that little effort seems to have been spent on parking and circulation design. Saratoga Planning Commission Minutes of October 9, 2002 Page 24 • Said that the City is losing land with the sale of the Contempo building that could be used for a better arrangement of parking. • Stated that he likes the building but would like a better circulation and parking plan. • Pointed out the 8,985 square feet of land that the City is turning over to this project. Commissioner Roupe pointed out that the land would be sold and not given. Commissioner Garakani asked why the City does not assume that land. Commissioner Roupe replied because the City does not have either the money or interest in the purchase of that land. Commissioner Garakani stated that he cannot look at the Settlement Agreement instead of Zoning regulations in consideration of this proposal and that the Commission should look at the best scenario for that corner. Commissioner Roupe reminded that the Commission was directed by Council to look at this application within the constraints of the settlement they made. This is a done deed. Acting Chair Kurasch countered that this does not preclude Design Review. Commissioner Zutshi said that the Agreement confines the bulk. Acting Chair Kurasch reminded that it cannot exceed 30 percent coverage. Commissioner Roupe pointed out that the setbacks required in order to turn vehicles constrains the placement of the new station. Commissioner Barry said that the language does not say zero setback. Director Tom Sullivan replied that it does not preclude it either. Commissioner Roupe stated that he thinks this is a good project that should go forward with the requirement that the necessary agreements with Caltrans, the Church and Post Office be finalized. Commissioner Garakani said that the existing parking area width is not adequate. Director Tom Sullivan said that the spaces Commissioner Garakani speaks of are within the Post Office parking lot where the Sheriff’s office rents. Commissioner Roupe suggested having the Fire District come back to the Commission before the construction permit is issued to ensure that all necessary agreements have been finalized. Commissioner Hunter: • Pointed out how much quicker the library project progressed. • Added that people often ask her why the fire station project is taking so long. • Said that this will be a handsome fire station for the City of Saratoga of which she will be proud. • Said that she has never experience a problem with fire station traffic. Saratoga Planning Commission Minutes of October 9, 2002 Page 25 • Stated that it is time to move ahead and send it on. • Declared that this is for our community and saving our lives. • Reiterated that it is time to move ahead. It’s a good plan, let’s move along. • Thanked Mary McGrath for the fantastic way she handled this project. Commissioner Garakani: • Said that this is a nice building but that it doesn’t end there. • Agreed that everyone wants a nice fire station. • Added that it is important to avoid pitfalls and to look ahead. Commissioner Roupe said that with the right Conditions of Approval, this project can move ahead. Acting Chair Kurasch: • Stated that the Caltrans representative had no opinion about the location of this fire station but did express concern regarding the 12-foot alley for fire engine use. • Added that she takes that concern seriously. • Said that people impacted need to be involved in the process. • Agreed that the library project was a smooth effort. • Said that she would like to see an emergency signal at Oak Street. Commissioner Roupe: • Restated that he believes the project can go forward with appropriate Conditions. • Cautioned that there will likely be an appeal of whatever decision is made. • Said it is time to make that decision and move on with this. • Stated that this is a good plan and building and that he would be proud of it. • Suggested a motion and vote. Acting Chair Kurasch asked for a straw vote. Commissioner Zutshi expressed support for going forward with applicable conditions. Director Tom Sullivan reminded that a tie vote represents denial. Commissioner Garakani asked what happens with a denial. Commissioner Roupe replied that the applicant would appeal to Council. Suggested approval with the requirement that the applicant work with the neighbors on staging during construction, the necessary agreements with Caltrans, Post Office and Church be work out and traffic circulation be fine tuned. Commissioner Garakani asked what if things are no better when brought back. Commissioner Roupe replied, deny the project. Acting Chair Kurasch asked the Commissioners if they prefer a vote or continuance. Commissioner Garakani said that he would prefer the applicants come back after working on those issues outlined with clear directions from the Commission. Saratoga Planning Commission Minutes of October 9, 2002 Page 26 Commissioner Barry: • Stated that she would not agree to anything to allow Fire to circumvent honest work with neighbors. • Added that she wants an agreement brought back to the Commission before an approval is granted. • Said that it is not adequate to tie in to building permit approval. • Advised that she would not vote for the project as it is. Commissioner Garakani expressed support for a continuance rather than a denial. Commissioner Roupe stated that this would be the worse decision the Commission could make. The item has been heard twice. Expressed strong support for making a conditioned approval. Director Tom Sullivan pointed out that any decision is likely to be appealed to Council no matter what that decision. Council could remove some or all of these added conditions. Commissioner Garakani said that the building looks good but he has problems with the design of the parking area. Said that the land should be used properly to mitigate parking needs. Said he would not support this proposal as a result. Commissioner Barry said that she would like to have it come back in a public hearing with an opportunity for a better site parking and circulation design to occur. Commissioner Garakani said he would prefer a continuance or denial. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Hunter, the Planning Commission recommended approval of Design Review, Use Permit and Lot Line Adjustment for the proposed new fire station at 14380 Saratoga Avenue with the following added Conditions: • Applicant to work with neighbors and City to develop a construction staging, traffic, parking and circulation plan and will bring that plan back to the Planning Commission for review and approval; • Applicant to secure approvals and endorsements from Caltrans, Post Office, San Jose Water and other interested parties whose agreements are necessary to execute this project; • Develop a traffic circulation plan for parking area of Post Office and Fire, working together in a harmonious way, and bring the plan back to the Planning Commission for review and approval; • Issues of vehicle circuits, noise, dust and a parking sign with contact name for 24-hour contact be put in place before permits issued; and • The relocation of the monument before construction begins. by the following roll call vote: AYES: Hunter, Roupe and Zutshi NOES: Barry, Garakani and Kurasch ABSENT: None ABSTAIN: Jackman The project is denied. Saratoga Planning Commission Minutes of October 9, 2002 Page 27 Acting Chair Kurasch suggested crafting another motion. Mr. Hal Toppel, Attorney for the Fire District, advised that the Commission has taken its action and denied the project. Commissioner Barry expressed thanks to Mary McGrath for her design work and presentation. Acting Chair Kurasch advised that the applicant could appeal this action. *** Acting Chair Kurasch returned the gavel to Chair Jackman at 12:22 a.m. *** PUBLIC HEARING – ITEM NO. 3 and ITEM NO. 4 DR-01-035, UP-01-013, ED-01-002 (393-25-022) ST. ANDREW’S PARISH AND SCHOOL, 13601 Saratoga Avenue: The applicant requests design review and use permit approval to construct new facilities for St. Andrew’s School and Parish. The Planning Commission will take public testimony and will conduct a formal discussion of issues. The Planning Commission will not take action to approve or deny the project at this time. The proposed project includes the demolition of existing buildings and the construction of the following facilities: Performing Arts/Gymnasium, Sunday School Rooms, Administration Offices, Classrooms, Clergy Offices, Parish Center and a Bell Tower. The project also includes a memorial garden, covered walkways, an outdoor eating area, re-grading and reconfiguration of the parking lot and eliminating off-site queuing. New building construction will total 72,345 square feet and will include six new structures. The existing sanctuary is to remain. (OOSTERHOUS) APPLICATION #02-197 (CITYWIDE) – CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would revise side yard setback requirements for structures over 18 feet in height in the R- 1-10,000, R-1-12,500, R-1-15,000 and the R-1-20,000 Districts. (SULLIVAN) Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Barry, Agenda Items No. 3 and No. 4 will be continued to the next Planning Commission meeting on October 23, 2002, by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch, Roupe and Zutshi NOES: None ABSENT: None ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Saratoga Planning Commission Minutes of October 9, 2002 Page 28 Commissioner Hunter advised that she attended a meeting with Campbell, Los Gatos and Saratoga representatives regarding Heritage properties. Commended Associate Planner John Livingstone for his coordination of this meeting. COMMUNICATIONS There were no communication items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 12:25 a.m. to the Annual Retreat on Saturday, October 12, 2002, at 9 a.m. and thereafter to the next regular meeting set for Wednesday, October 23, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk