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HomeMy WebLinkAbout09-26-2007 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, September 26, 2007 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Hlava 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, Contract Planner Heather Bradley and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of August 22, 2007. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission minutes of the regular meeting of August 22, 2007, were adopted with a correction to page 24. (7-0) APPROVAL OF MINUTES – Regular Meeting of September 12, 2007. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission minutes of the regular meeting of September 12, 2007, were adopted with corrections to pages 6,7 and 9. (4- 0-0-3; Commissioners Cappello, Kumar and Kundtz abstained) 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 September 20, 2007. CONSENT CALENDAR There were no consent items. Saratoga Planning Commission Minutes for September 26, 2007 Page 2 REPORT OF APPEAL RIGHTS Chair Hlava 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). *** PUBLIC HEARING - ITEM NO. 1 Application #07-233 (APN 503-24-071/073) Sam Cloud Barn, L.P (Owner) 20640 3rd Street: The applicant requests Design Review and Variance Approval to construct a new commercial building attached to the historic Sam Cloud Hay and Feed Warehouse currently undergoing renovation. The proposed structure is three stories with a full basement. Total square footage of the addition is 7,506 square feet and the maximum height is 35 feet. The maximum building coverage is 77 percent of the site. The gross lot size is 4,187 square feet and the site is zoned CH-1. The Variance application is necessary to allow development on a lot with a 48 percent slope. (Heather Bradley) Contract Planner Heather Bradley presented the staff report as follows: • Reported that a list of green building construction for this proposed project has been distributed this evening. • Explained that the applicant is seeking Design Review and Variance approvals for the construction of a three-story building with basement on a vacant parcel located off 3rd Street and Big Basin Way. Each floor consists of 1,260 square feet with a 1,140 square foot basement. The coverage is at 50 percent and the maximum height is 30 feet. • Stated that a Variance is needed because the average slope of this property is greater than 30 percent. • Said that the architectural style is an early-American Pioneer building form, which matches the Sam Cloud Barn and Feed Store that is located next door. The architect has tried to match all the materials and details found on the Sam Cloud building while adding some features such as recessed and hanging balconies. • Advised that the two buildings are separated, however, the existing staircase for the original Barn building will extend onto this property and will require an access easement. Walkways will connect the two buildings. • Said that a materials board is available. • Explained that this project is revised since the last Study Session at which the Commission saw it. The project has been discussed three times in Study Sessions and has been substantially reduced in square footage from the original proposal in May. They have separated the building from the original Sam Cloud Barn and reduced it by approximately 2,000 square feet. They have eliminated a tower and added recessed balconies to the exterior elevation, which faces the parking lot off 4th Street. By separating the buildings, they have also deleted the proposed glass wall between the two buildings. • Reported that the Heritage Preservation Commission reviewed this project in March against the Secretary of the Interior’s requirements for additions to historic structures. Saratoga Planning Commission Minutes for September 26, 2007 Page 3 However, since this is no longer connected to the Sam Cloud Barn it is no longer considered an addition. • Stated that there has been one letter of opposition submitted by Mr. Lee, owner of Saratoga Inn. He expresses concerns with the loss of views of the Sam Cloud building and increased demand for available parking in the vicinity. • Reminded that there is no parking required for this project as the City has relaxed its parking requirement for the Village to encourage new businesses. • Added that if required to provide parking, the requirement for this new building would be approximately 20 spaces depending upon the mix of tenants. Three angled parking spaces will be provided. • Said that retail uses would be permitted on any floor of this building, as could personal service businesses. A restaurant would require issuance of a Conditional Use Permit. • Stated that the applicant would like to copy the design of signage found at the Village Square. • Said that findings can be made and recommended that the Planning Commission grant Variance and Design Review approvals with conditions. City Attorney Jonathan Wittwer offered the following edits to the draft conditions: • Condition 1 – add the word “minor” prior to changes. • Condition 3 – add the word “minor” prior to changes. • Condition 9 – add the text, “A storm water retention plan shall be submitted to the City for review and approval indicating how all storm water will be retained on site to the maximum extent feasible and incorporating the new construction and best management practices. If not all storm water can be retained on site, drainage in compliance with Condition 11 shall be in the building plan in a manner satisfactory to the Community Development Director.” • Condition 12 – eliminate draft condition as it is from a previous project. • Formerly Condition 13 and now new Condition 12 – add the text, “Prior to issuance of the building permit, the applicant/owner shall provide an access easement with the Sam Cloud Hay and Feed Warehouse and provide language for the proposed access easement for approval by the City Attorney and Community Development Director.” • Old Condition 19 and now new Condition 18 – add text, “Existing sewer lateral to be televised, if it is going to be used, to the satisfaction of the District and City.” Commissioner Rodgers asked if there are conditions that need to be made permanent, such as the easement. City Attorney Jonathan Witter agreed that the easement needs to be permanent and will be recorded. However, as that easement could also be rescinded later, he recommends that the condition for an easement be made permanent. Commissioner Cappello asked if the issue raised by the owner of the Saratoga Inn is documented and part of the packet. Planner Heather Bradley replied yes, it is in Attachment #4. Chair Hlava pointed out that there are also nine forms supporting the project. Saratoga Planning Commission Minutes for September 26, 2007 Page 4 Commissioner Nagpal asked for verification that if the parking rules were not relaxed the parking requirement for this project would be 20 spaces. Planner Heather Bradley replied yes. She added that there is still 33,256 in area still available. Commissioner Nagpal asked if there is a provision requiring retail uses on the ground floor. Planner Heather Bradley said that this would be at the discretion of the Planning Commission as this building is now separated from Big Basin Way so it would allow for office and service uses on the first floor. Commissioner Rodgers asked for clarification for the record on Mr. Lee’s contention that there are parking spaces that are privately owned. City Attorney Jonathan Wittwer said that this has been spelled out on the record. Commissioner Rodgers said that Mr. Lee claims to own the first two rows of parking. City Attorney Jonathan Wittwer said that this is not a part of the required findings. Commissioner Nagpal asked again whether retail uses are not being mandated. Planner Heather Bradley replied correct. Commissioner Rodgers asked for clarification regarding the use of the term “engineered” wood versus actual wood. Planner Heather Bradley said that the Barn used its former exterior wood on the interior and the exterior was reconstructed of engineered wood. Commissioner Nagpal pointed out that the staff report calls out for 1,266 square feet of retail on the first floor. Planner Heather Bradley said that this is an error. That is not a requirement under the zoning. City Attorney Jonathan Wittwer said that the finding should be redrafted and pointed out that Exhibit A does not show a particular mix of retail. Director John Livingstone said that the new building was just recently disconnected from the old. If they remained connected, the requirements for retail on the first floor would apply. However, the new structure is completely functional as an independent building. It is a separate parcel with a stand-alone building. Chair Hlava expressed concern with the finding requiring retail in the draft resolution. Saratoga Planning Commission Minutes for September 26, 2007 Page 5 City Attorney Jonathan Wittwer said that finding would need to be modified. Chair Hlava opened the public hearing for Agenda Item No. 1. Mr. Craig Aubrey, Applicant: • Said he is here with Mr. Bob Hausman. • Thanked the Commission for its patience and reminded that this is the fifth meeting on this project. • Thanked staff, the Commission and Project Architect Warren Heid. • Offered to provide a project overview. • Reported that in 2005, this project started. They had two lots. The first project was to improve the Sam Cloud Barn through restoration and re-adaptation to commercial use. Now they are planning the second lot and submitted the original proposal for that lot in January 2007. The Heritage Preservation Commission reviewed the project in March and approved the development of the site. • Added that this Planning Commission conducted three study sessions in May, July and August of this year. This public hearing before the Commission tonight represents the fifth public meeting altogether on this project. • Assured that they have listened and made lots of changes to the project that he hopes to see approved tonight. • Explained that they met with neighbors individually including the Cleaners at 3rd and Big Basin Way, the Harmony Day Spa, Bella Saratoga, the Nail Salon, the Thai restaurant, the jewelry store, Blue Rock Shoot and Prophecy Skin Care. They met with owners and/or retail tenants except for Mr. Lee. • Expressed appreciation for their support. • Said that they provided a data sheet on the concept of green building and said they plan to do as many as they can. He described the steps taken to preserve and reuse materials from the original Sam Cloud Barn building during its remodel. • Stated that this has been a long process and he thinks this is a better project now than in its original form. It has been reduced in size by 20 percent. They have added windows and recessed balconies, changed roofing height and increased the visual impact of the entry. • Said that they are very happy and proud of the proposed building and hope to obtain approval this evening. Commissioner Rodgers thanked Mr. Craig Aubrey for working with the City through all of those meetings. She expressed her appreciation for that effort. Commissioner Nagpal also extended her appreciation for their participation in numerous study sessions. She reiterated her concern that there is no requirement for retail and said that she expects a certain percentage of retail on the first floor. Mr. Craig Aubrey said that he is in commercial real estate. He added that they have not begun to market this site as of yet and there are no tenants lined up. He said that there have been some inquiries from interested retail uses. Saratoga Planning Commission Minutes for September 26, 2007 Page 6 Chair Hlava asked if the signs proposed for the new building are intended to be the same as for the Barn. Mr. Craig Aubrey said that they have not decided yet and can work with staff in the future. Chair Hlava said that she has real concerns about signage in the Village in that she feels the Sign Ordinance is too restrictive. She stressed the importance in finding these businesses. She said that regarding the entryway she believes that there should be landscaping included there. Mr. Craig Aubrey said he would defer this issue to their Landscape Architect, Jeff Heid. He asked Architect Warren Heid if he has any comment on this issue. Mr. Warren Heid, Project Architect, said he had talked to Jeff. It is pretty dark there in the entry and once built they will take a look at what can be put in there. He cautioned that this area is only five feet wide with minimum sun exposure. He assured they would have a better idea the next time around. Chair Hlava said she was really concerned about garbage pick up accessibility and asked if there is enough room to access the garbage enclosure. Mr. Warren Heid said that there would be more access space than is there right now. He assured that yes they could back in. Chair Hlava asked about new doors on the trash enclosures. Mr. Warren Heid said that they would be better than what is there right now. Chair Hlava said that plantings in pots would be sufficient for the entry area but they will require light and water. She asked about conditioning this as a requirement. Planner Heather Bradley said that additional potted plans in the entry could be added to the existing landscape plan. Chair Hlava said she would like that. Planner Heather Bradley said that the applicants would like to receive approval of their sign tonight. It would be located adjacent to the Sam Cloud Barn and the old bridge. Chair Hlava said she has a problem with that until it is known who the tenants might be. She said she is reluctant to approve signage like that tonight especially as signage for the Barn is not on the agenda. Mr. Craig Aubrey said that it is important to allow the tenant to be on the sign. Another sign would be proposed on the other building. Saratoga Planning Commission Minutes for September 26, 2007 Page 7 Commissioner Rodgers asked if the new building would be accessible through the Sam Cloud Barn. Mr. Craig Aubrey said that they would be separate buildings with separate entrances. He said that they are concerned about people finding their way back there. Commissioner Rodgers asked if it would be possible to walk into the Sam Cloud Barn and walk to the back building. Mr. Craig Aubrey replied yes. Commissioner Kumar asked if there were plans to include signs at the rear of the building. Mr. Craig Aubrey said that they might but have no specific plans at this time. Commissioner Nagpal asked Mr. Craig Aubrey if he would prefer to receive a sign approval tonight. Mr. Craig Aubrey replied yes, if possible. Chair Hlava said that she could go with that request and they could come in for more signage later. Mr. Gene Zambetti: • Said that he is a commercial property owner in the Village. • Stated he is in support of this application. • Said that this project straddles two parking districts and will help create pedestrian activity. He added that between 3rd and 4th Streets is the best area as far as potential sales tax activity. • Pointed out that the Saratoga Fire District provides fire services for this area and that should be corrected in the conditions. Commissioner Nagpal told Mr. Gene Zambetti that she is concerned about the lack of committed retail on the first floor of this project and asked him for his perspective on this issue. Mr. Gene Zambetti said that one would likely see decorator items and personal services. He added that there is lots of risk for the developer right now, as this building would be really hidden. The consumers will have to find it, which is difficult for retail. This will have to be a point of destination. It would be easier to locate retail in the Barn. Commissioner Rodgers asked Mr. Gene Zambetti if he foresees entry retail off the parking lot in the future. Mr. Gene Zambetti said there is the possibility but the City may have to change what it allows and might have to go with some kind of franchise. Saratoga Planning Commission Minutes for September 26, 2007 Page 8 Mr. Bob Hausman, Applicant: • Said that traffic is needed to create a tax base and generate sales tax. • Added that a balance of the uses in the region is necessary. Existing retailers in the Village need to optimize traffic and sales. Chair Hlava closed the public hearing for Agenda Item No. 1. Commissioner Nagpal: • Thanked the applicants and their team for participation in three study sessions. • Said that she was originally uncomfortable with some elements of this project but through a reduction in size and elevation changes she is more comfortable. • Expressed appreciation for the plans for green construction where possible. • Said that nothing could go onto this lot without a Variance so she is comfortable supporting a Variance. • Pointed out that the relaxed parking requirements are intended to attract new projects. • Stated that the need for retail uses is the key issue on her mind. • Agreed that foot traffic is important for retail. • Said she appreciates the efforts taken by the applicants and supports this project, as it will bring people to Saratoga to work there. Commissioner Zhao: • Said that she can make the Variance findings. • Expressed appreciation that recommendations have been taken and the original design modified accordingly. • Said that she has no concern regarding requiring retail uses as bringing people to the Village will benefit the Village overall. It will help the existing retail. • Said she could also make Design Review findings and totally supports this project. Commissioner Rodgers said that some retail is important and requested that the applicants make an effort to recruit retail uses. Commissioner Kundtz said he too appreciates the applicants’ efforts and agreed with Commission Zhao’s comments. He said that even if the space were filled with professional services instead of retail, it would increase foot traffic for the Village. He wished the applicants well. Commissioner Kumar: • Thanked the applicants for their participation in the study sessions. The issues of bulk with the original design have dissipated and overall he is thrilled with this new structure on this vacant piece of land. • Added that the possibilities are endless and he is not too hung up on retail there. • Stated his agreement with the staff recommendation to grant Design Review and Variance approvals. • Wished the applicants all the best. Commissioner Cappello: Saratoga Planning Commission Minutes for September 26, 2007 Page 9 • Stated his agreement with what has been said. • Said that this new building is tied in to a very precious building, the Sam Cloud Barn. • Added he would love to see more retail in this new building but does not feel it is appropriate to mandate it. • Assured that market conditions and interest will work it out. • Suggested that the applicants are listening and will make an effort to obtain retail if possible. • Added that whatever happens here will be of benefit to the Village. • Said that he has no problem supporting the Variance as nothing can be built here without one so it is warranted. • Stated he can also make the Design Review findings. Commissioner Rodgers said that she is completely happy with this project and has no objection to including professional services and/or office uses here. Chair Hlava: • Said that as the Village is on a hill, without a Variance this lot could not be built upon. • Added that this means the Variance is not a special privilege and will not be detrimental to the public health, safety and/or welfare. • Echoed the thanks given to the applicants for participation in lots of study sessions. • Said that the project is now significantly smaller and a better looking project than it started. • Supported the change to the resolution to correctly list the fire services provided by Saratoga Fire District. • Said that the easement will be made a permanent condition. • Supported the sign request too. Planner Heather Bradley: • Clarified that the new Condition 12 will be for the sign approval. • Added that the original Condition 13 will remain the requirement for an access easement as a permanent condition of approval. • Said that a requirement to add entry landscaping via potted plants should be per the approval of the Community Development Director. City Attorney Jonathan Wittwer: • Suggested that the additional landscaping be included as Condition 1 to read, “as modified on Sheet L to require potted plants in the entry area.” • Modified a finding to read, “This project proposes to construct a new building on site that promotes economic opportunities within the Village.” • Said that signage is being approved as a part of Condition 1 as well. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission granted Design Review and Variance approvals to allow the construction of a new commercial building on property located at 20640 3rd Street, with the modifications previously stated by the Assistant City Attorney and the following modifications: Saratoga Planning Commission Minutes for September 26, 2007 Page 10 • Revised finding for L requiring an access easement as a permanent condition of approval; • Remove the draft Condition 12 and create a new Condition 12 that approves signage; • Condition 1 to be modified to include planting subject to approval of the Community Development Director and signage • Change Condition 24 to reflect the Saratoga Fire District, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Commissioner Nagpal expressed her recognition to staff for their work on the General Plan. Chair Hlava reported that there was a study session earlier this evening together with Council on the draft Blight Ordinance. The next study session on this will be held on October 24th at 5 p.m. The Commission also met yesterday regarding the Fence Ordinance, which will become a public hearing item before the Commission soon. Commissioner Rodgers reminded that the next study session would be held with Council on October 16th. Chair Hlava advised that she would be absent for the October 10th Planning Commission meeting. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Zhao, Chair Hlava adjourned the meeting at approximately 8:16 p.m. to the next Regular Planning Commission meeting of October 10, 2007, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk