HomeMy WebLinkAbout031021 Planning Commission PacketSaratoga Planning Commission Agenda – Page 1 of 3
SARATOGA PLANNING COMMISSION
REGULAR MEETING
MARCH 10, 2021
7:00 P.M. - PLANNING COMMISSION REGULAR MEETING
Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19
This meeting will be entirely by teleconference. All Commission members and staff will only
participate via the Zoom platform using the process described below. The meeting is being
conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain
teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide
the safest environment for the public, elected officials, and staff while allowing for continued
operation of the government and public participation during the COVID‐19 pandemic.
The public will not be able to participate in the meeting in person. Members of the public view
and participate in the meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/82597008953 App (Webinar ID 825
9700 8953) and using the tool to raise their hand in the Zoom platform when directed by
the Chair to speak on an agenda item; OR
2. Calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on
an agenda item when directed by the Chair; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99) and calling 1.669.900.6833 or 1.408.638.0968
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Chair; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and
calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on
an agenda item when directed by the Chair.
During the meeting the Chair will explain the process for members of the public to be recognized
to offer public comment.
As always, members of the public can send written comments to the Commission prior to the
meeting by commenting online at www.saratoga.ca.us/pc prior to the start of the meeting. These
emails will be provided to the members of the Commission and will become part of the official
record of the meeting.
In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting due to a disability, please contact the City Clerk
at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The
City will use its best efforts to provide reasonable accommodations to provide as much
accessibility as possible while also maintaining public safety.
Saratoga Planning Commission Agenda – Page 2 of 3
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Planning Commission Meeting of February 10, 2021.
Recommended Action:
Approve Minutes of February 10, 2021 Planning Commission Meeting.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the Planning Commission for up to three
(3) minutes on matters not on this agenda. This law generally prohibits the Planning
Commission from discussing or taking action on such items. However, the Planning Commission
may instruct staff accordingly regarding Oral Communications.
REPORT ON APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the
City Clerk within fifteen (15) calendar days of the date of the decision.
1. NEW BUSINESS
2. PUBLIC HEARING
Applicants and/or their representatives have a total of ten (10) minutes maximum for
opening statements. All interested persons may appear and be heard during this meeting
regarding the items on this agenda. If items on this agenda are challenged in court,
members of the public may be limited to raising only issues raised at the Public Hearing or
in written correspondence delivered to the Planning Commission at, or prior to the close of
the Public Hearing. Members of the public may comment on any item for up to three (3)
minutes. Applicants and/or their representatives have a total of five (5) minutes maximum
for closing statements.
2.1 Application PCUP20-0004; 14395 Big Basin Way (503-24-034); Atam Sandhu /
Stephen Worden – The applicant is requesting a modification of an existing Conditional Use
Permit to allow beer and wine retail sales at an existing gasoline service station. The site is
zoned CH-1. Staff Contact: Christopher Riordan (408) 868-1212 or planning@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 21-004 approving the proposed sign program subject to conditions of
approval included in Attachment 1.
3. DIRECTOR ITEMS
4. COMMISSION ITEMS
5. ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Frances Reed, Administrative Assistant for the City of Saratoga, declare that the foregoing agenda for
the meeting of the Planning Commission was posted and available for review on March 4, 2021 at the
City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us. Signed this 4th day of March 2021 at Saratoga, California.
Saratoga Planning Commission Agenda – Page 3 of 3
Frances Reed, Administrative Technician.
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the
Planning Commission by City staff in connection with this agenda, copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda, and materials distributed to the
Planning Commission by staff after the posting of the agenda are available on the City Website at
www.saratoga.ca.us. Following removal of State and local shelter in place orders these materials will be
available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this
meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as
possible before the meeting. The City will use its best efforts to provide reasonable accommodations to
provide as much accessibility as possible while also maintaining public safety.
[28 CFR 35.102-35.104 ADA title II]
Saratoga Planning Commission Draft Minutes – Page 1 of 3
DRAFT MINUTES
WEDNESDAY FEBRUARY 10, 2021
SARATOGA PLANNING COMMISSION REGULAR MEETING
Chair Mohiuddin called the virtual Regular Meeting to order at 7:00 p.m. via teleconferencing
through Zoom. Prior to Roll Call, the Chair and Community Development Director explained that
the Planning Commission meeting was conducted pursuant to provisions of the Brown Act and a
recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of
COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for
teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive
Order does require that public agencies continue to notice meetings in advance and provide
members of the public an opportunity to observe the meeting and offer public comment. The
Planning Commission met all the applicable notice requirements and the public is welcome to
participate in this meeting. Information on how the public can observe the meeting and provide
public comment was also shared. Additionally, the Chair explained that votes would be taken
through roll call.
Note on February 10, 2021 Minutes: Due to a technical issue a portion of this meeting was not
properly recorded. When the problem was discovered, near the beginning of Agenda Item 2.3, a
backup recording was started. The recording can be found online at:
https://www.saratoga.ca.us/361/Agenda-Packets-Meeting-Videos. The meeting minutes for the
unrecorded portion have been compiled with more detail than the Action Minutes style typically
used.
ROLL CALL
PRESENT: Chair Razi Mohiuddin, Vice Chair Anjali Kausar, Commissioners Sunil
Ahuja, Clinton Brownley and Herman Zheng
ABSENT: None
ALSO
PRESENT:
Debbie Pedro, Community Development Director
Christopher Riordan, Senior Planner
Victoria Banfield, Associate Planner
Special Procedural Note by Commission Chair:
A quorum requires four (4) members regardless of the number of vacancies. An affirmative vote
of at least four (4) members is required to pass resolutions. However, for administrative matters,
such as election of chair and vice chair and procedural matters, a majority of a quorum would
suffice, meaning if there are only five (5) Commissioners, three (3) are needed for to pass a motion
on administrative matters.
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of December 9, 2020.
Recommended Action:
Approve Minutes of Regular Planning Commission Meeting of December 9, 2020.
KAUSAR/AHUJA MOVED TO APPROVE THE MINUTES OF THE DECEMBER 9, 2020
MEETING. MOTION PASSED. AYES: AHUJA, BROWNLEY, KAUSAR, MOHIUDDIN,
ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
4
Saratoga Planning Commission Draft Minutes – Page 2 of 3
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS: NONE
REPORT ON APPEAL RIGHTS
1. NEW BUSINESS: NONE
2. PUBLIC HEARING
2.1 Application PSP20-0002; 12029 Saratoga Sunnyvale Road (336-22-022); Lands of
Danna Blue Hill LLC – The applicant is requesting approval of a modification to an existing sign
program for the retail and office buildings on the property. The site is zoned CN (Neighborhood
Commercial) with a General Plan Designation of CR (Commercial Retail). Staff contact:
Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 21-001 approving the proposed sign program subject to conditions of
approval included in Attachment 1.
Daniel Onn asked how the sign will address the needs of people with disabilities. Project Planner
Christopher Riordan responded that the sign will be internally illuminated to help with wayfinding.
AHUJA/BROWNLEY MOVED TO APPROVE RESOLUTION 21-001 APPROVING
APPLICATION PSP20-0002. MOTION PASSED. AYES: AHUJA, BROWNLEY, KAUSAR,
MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
2.2 Continued to April 14, 2021 at the request of the applicant. Application SUB20-
0001; 20034 Herriman Avenue (397-25-080); John Christol – The applicant is requesting
Tentative Map approval to subdivide an existing 43,887 square foot parcel located at 20034
Herriman Avenue into two lots. Parcel One would be 33,767 square feet and Parcel Two would be
10,118 square feet. Both lots would have frontage on Herriman Avenue. All existing buildings will
remain and be located on Parcel One. No protected trees are proposed for removal. No other
development is proposed at this time. The site is zoned R-1-10,000 with a General Plan
Designation of M-10 (Medium Density Residential). Staff Contact: Christopher Riordan (408)
868-1235 or criordan@saratoga.ca.us.
Recommended Action:
Adopt Resolution No. 21-002 approving Tentative Map SUB20-0001 subject to conditions
included in Attachment 2.
Daniel Onn commented on the project as a representative of the Beaumont Thelma Neighborhood
Safety Group. He noted to the Commission that the property has been for sale for over a year and
historically there have been noise problems and parking issues on Beaumont and Herriman
Avenues. He stated he doesn’t think the property should be subdivided and requested the Planning
Commission deny the application.
AHUJA/ZHENG MOVED TO CONTINUE APPLICATION SUB20-0001 TO APRIL 14,
2021 AS REQUESTED BY APPLICANT. MOTION PASSED. AYES: AHUJA,
BROWNLEY, KAUSAR, MOHIUDDIN, ZHENG. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
5
Saratoga Planning Commission Draft Minutes – Page 3 of 3
3. DIRECTOR ITEMS:
Director Pedro announced that the annual joint Planning Commission/City Council work plan
meeting is scheduled for April 21, 2021. Also, at the Council retreat study session on January
25th, the Council received a report on the Housing Element Update Kickoff. Staff will make a
presentation on this topic for the Planning Commission in April.
4. COMMISSION ITEMS: NONE
5. ADJOURNMENT - Meeting was adjourned at 7:35 PM
Minutes respectfully submitted:
Frances Reed, Administrative Technician
City of Saratoga
6
REPORT TO THE
PLANNING COMMISSION
14395 Big Basin Way
Meeting Date: March 10, 2021
Application: PCUP20-0004
Address/APN: 14395 Big Basin Way / 503-24-034
Applicant / Property Owner: Atam Sandhu / Stephen Worden
From: Debbie Pedro, Community Development Director
Report Prepared By: Christopher Riordan, Senior Planner
7
14395 Big Basin Way– Application PCUP20-0004
March 10, 2021
Page | 2
PROJECT DESCRIPTION
The applicant is requesting a modification of an existing Conditional Use Permit to allow beer
and wine retail sales at an existing gasoline service station.
STAFF RECOMMENDATION
Adopt Resolution No. 21-004 approving the project subject to conditions of approval included in
Attachment 1.
Pursuant to City Code Section 15-55.060, the Planning Commission shall consider all applications
for Conditional Use Permits except for those uses identified in Section 15-55.065.
PROJECT DATA
Gross/Net Site Area: 28,809 sq. ft. (.36 acres)
General Plan Designation: Commercial Retail (CR)
Zoning: Commercial Historic (CH-1)
SITE CHARACTERISTICS AND PROJECT DESCRIPTION
Site Description
The project site is at the corner of Big Basin Way and Saratoga-Sunnyvale Road in the CH-1 zoning
district. The site is bounded by Saratoga Creek to the north, Saratoga-Sunnyvale Road to the east,
Big Basin Way to the South, and commercial development to the west. Residential development is
located to the North on the opposite side of Saratoga Creek. Existing structures on site include a
retail store, gas station canopy, and gasoline pumps.
Background
City records do not specify when a gasoline service station was first established on the site and it
is likely that the original establishment predates the City’s incorporation. The gasoline service
station has obtained several conditional use permit (CUP) modifications as the service station
transitioned away from an automotive service facility and the retail use expanded. The site
currently operates under CUP No. 97-003, approved by the Planning Commission on June 11,
1997, when the existing automobile and repair service area was converted into retail space to
expand the square footage of the mini mart. The existing CUP includes limits on operating hours
and prohibits the sale of alcoholic beverages.
Project Description
The applicant has applied for a modification to the existing CUP to sell beer and wine in the
retail store. Information provided by the applicant states that approximately 80% of the
estimated alcohol sales would be beer and 20% would be wine. The sale of alcoholic spirts
would not be permitted. No architectural changes are requested and the operating hours (6:00
a.m. – 10:00 p.m. on weekdays and 7:00 a.m. to 10:00 p.m. on weekends) will remain the same.
8
14395 Big Basin Way– Application PCUP20-0004
March 10, 2021
Page | 3
Original Conditions
CUP No. 97-003 includes the following condition:
1) No alcoholic beverage will be sold on the premises.
Proposed Conditions
The applicant is requesting to modify the above condition as follow:
1) The sale of alcoholic beverages on site is strictly limited to the retail sale of beer and wine.
There shall be no sale of alcoholic spirts.
FINDINGS
The findings required for issuance of a CUP Approval pursuant to City Code Section Article 15-
55.070 are set forth below. Staff believes the applicant’s project has met the burden of proof to
support the findings required for approval of a CUP under Article 15-55 of the City Code, as
shown below:
a. The proposed location of the conditional use is in accord with the objectives of the Zoning
Ordinance and the purposes of the district in which the site is located.
This finding can be made in the affirmative in that per Section 15-19.020(b)(9) of the City
Code, a gasoline service station is a conditionally permitted use in a commercial district as
long as that use is located on a site abutting Saratoga-Los Gatos Road, Saratoga-Sunnyvale
Road or Saratoga Avenue and is directly accessible from one of the above mentioned
arterial roads. The site is located on and directly accessible from Saratoga-Sunnyvale Road
which classifies the existing gasoline service station is a conditionally permitted use. A
purpose of the Commercial Zoning District is to provide appropriately located area for retail
stores and service establishments offering goods and required by residents of the City. The
existing gasoline service station is one of three such uses within the City of Saratoga and
will continue to provide gasoline and related products including the sale of food to the
citizens of Saratoga. The addition of the sale of beer and wine will offer a convenience and
a benefit to the citizens of Saratoga in that there are no other retail establishments in the
general area of the gasoline service station where beer and wine can be purchased.
b. The proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity.
This finding can be made in the affirmative in that the CUP includes conditions of approval
to ensure compliance with all applicable health and safety codes. The applicant will be
required to obtain a liquor license from the California Department of Alcoholic and
Beverage Control and to operate according to their licensing requirements.
9
14395 Big Basin Way– Application PCUP20-0004
March 10, 2021
Page | 4
c. The proposed conditional use will comply with each of the applicable provisions of the
Saratoga Municipal Code.
This finding can be made in the affirmative in that the CUP includes conditions of approval
to ensure compliance with zoning requirements. Any intensification of this use will require
an amended CUP. The City shall retain continuing jurisdiction over the CUP and may, at
any time, modify, delete, or impose, any new conditions of the permit to preserve the public
health, safety, and welfare.
d. The proposed conditional use will not adversely affect existing or anticipated uses in the
immediate neighborhood and will not adversely affect surrounding properties or the
occupants thereof.
This finding can be made in the affirmative in that the gasoline service station and
associated retail use is separated from nearby residential uses by Saratoga Creek, arterial
streets, and adjacent commercial buildings. Additionally, operating hours of the retail store
are limited to (6:00 a.m. – 10:00 p.m. on weekdays and 7:00 a.m. to 10:00 p.m. on
weekends) to minimize impacts to surrounding properties or occupants.
NEIGHBOR NOTIFICATION
The Community Development Department mailed public notices to property owners within 500 feet
of the site. In addition, the public hearing notice and description of the project was published in the
Saratoga News.
ENVIRONMENTAL DETERMINATION
The project is Categorically Exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303, “New Construction or Conversion of Small Structures”. This exemption
allows for a store not involving the use of significant amounts of hazardous substances, and not
exceeding 2,500 square feet of floor area. The project would not be increasing the square footage of
the retail store.
ATTACHMENTS
1. Resolution No. 21-004
2. Existing CUP #UP-97-003
3. Project Plans
10
RESOLUTION NO: 21-004
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT PCUP20-0004
14395 BIG BASIN WAY
WHEREAS, on December 7, 2020, the property owner applied for a modification of a
Conditional Use Permit to allow the retail sale of beer and wine in an existing retail store of a
gasoline service statin located at 14395 Big Basin Way (APN 503-24-034).
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA)
and recommends that the Planning Commission determine this project Categorically Exempt.
WHEREAS, on March 10, 2020, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City Staff, the applicant,
and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structure”.
This exemption allows for a store not involving the use of significant amounts of hazardous
substances, and not exceeding 2,500 square feet of floor area.
Section 3: The applicant’s project has met the burden of proof to support the findings
required for approval of a Conditional Use Permit under Article 15-55 of the City Code, as set forth
below:
a.The proposed location of the conditional use is in accord with the objectives of the Zoning
Ordinance and the purposes of the district in which the site is located.
This finding can be made in the affirmative in that per Section 15-19.020(b)(9) of the City
Code, a gasoline service station is a conditionally permitted use in a commercial district as
long as that use is located on a site abutting Saratoga-Los Gatos Road, Saratoga-Sunnyvale
Road or Saratoga Avenue and is directly accessible from one of the above mentioned
arterial roads. The site is located on and directly accessible from Saratoga-Sunnyvale Road
which classifies the existing gasoline service station is a conditionally permitted use. A
purpose of the Commercial Zoning District is to provide appropriately located area for retail
stores and service establishments offering goods and required by residents of the City. The
existing gasoline service station is one of three such uses within the City of Saratoga and
will continue to provide gasoline and related products including the sale of food to the
Attachment 1
11
12015 Saratoga-Sunnyvale Road
Application # PCUP20-0004
Resolution #21-004
Page | 2
citizens of Saratoga. The addition of the sale of beer and wine will offer a convenience and
a benefit to the citizens of Saratoga in that there are no other retail establishments in the
general area of the gasoline service station where beer and wine can be purchased.
b. The proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity.
This finding can be made in the affirmative in that the CUP includes conditions of approval
to ensure compliance with all applicable health and safety codes. The applicant will be
required to obtain a liquor license from the Department of Alcoholic and Beverage Control
and to operate according to their licensing requirements.
c. The proposed conditional use will comply with each of the applicable provisions of the
Saratoga Municipal Code.
This finding can be made in the affirmative in that the CUP includes conditions of approval
to ensure compliance with zoning requirements. Any intensification of this use will require
an amended CUP. The City shall retain continuing jurisdiction over the CUP and may, at
any time, modify, delete, or impose, any new conditions of the permit to preserve the public
health, safety, and welfare.
d. The proposed conditional use will not adversely affect existing or anticipated uses in the
immediate neighborhood and will not adversely affect surrounding properties or the
occupants thereof.
This finding can be made in the affirmative in that the gasoline service station and
associated retail use is separated from nearby residential uses by Saratoga Creek, arterial
streets, and adjacent commercial buildings. Additionally, operating hours of the retail store
are limited to (6:00 a.m. – 10:00 p.m. on weekdays and 7:00 a.m. to 10:00 p.m. on
weekends) to minimize impacts to surrounding properties or occupants.
Section 4: The City of Saratoga Planning Commission hereby approves PCUP20-0004, for
the project located at 14395 Big Basin Way subject to the Conditions of Approval attached hereto as
Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of
March 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Razi Mohiuddin
Chair, Planning Commission
12
12015 Saratoga-Sunnyvale Road
Application # PCUP20-0004
Resolution #21-004
Page | 3
Exhibit 1
CONDITIONS OF APPROVAL
PCUP20-0004
14395 BIG BASIN WAY
CONDITIONS OF APPROVAL
A. GENERAL
1. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the city code including but not limited to sections 15-80.120 and/or 16-
05.035, as applicable.
2. The Planning Commission shall retain continuing jurisdiction over the Conditional Use
Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to
preserve the public health, safety, and welfare.
3. Any exterior modification to the gasoline service station or intensification of the uses
approved under this Use Permit shall require an amended Conditional Use Permit approved
by the Planning Commission. Examples of intensification of use include, but are not limited
to, physical changes to the site or structures that result in ongoing increases in traffic, noise,
or other physical effects.
4. The uses/structures/project shall maintain compliance with all applicable requirements of the
City, including, without limitation, the requirements of the Saratoga Zoning Regulations. The
uses/structures/project shall at all times operate in compliance with all applicable regulations
of the State, County, and/or other governmental agencies having jurisdictional authority over
the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues.
B. COMMUNITY DEVELOPMENT
5. This resolution supersedes all previous use permit resolutions issued for a gasoline service
station at this site.
6. The gasoline service station and retail store shall be open and operated only between the hours
of 6:00 a.m. – 10:00 p.m. (Monday - Friday) and 7:00 a.m. to 10:00 p.m. (Saturday and
Sunday).
7. The sale of alcoholic beverages on site is strictly limited to the retail sale of beer and wine.
There shall be no sale of alcoholic spirts.
8. The applicant shall obtain a liquor license from the Department of Alcoholic and Beverage
Control and to operate according to their licensing requirements.
13
12015 Saratoga-Sunnyvale Road
Application # PCUP20-0004
Resolution #21-004
Page | 4
9. All gasoline pumps including storage tanks shall comply with the regulations of the San
Francisco Bay Area Pollution Control District and with the City of Saratoga’s Hazardous
Materials Storage Ordinance.
10. The station shall be kept in good repair and free of dilapidated autos or other eyesores.
11. Per Section 15-55.100 of the City Code, this application shall remain under the continuous
jurisdiction of the Planning Commission. Any violation of the above code shall constitute
grounds for consideration of use permit revocation.
12. The station shall be operated in accordance with the most current Best Management Practices
for Gasoline Stations promulgated by the Santa Clara Valley Non-Point Source Program and/or
City to control Non-Point Source Pollution.
13. All applicable requirements of the State, County, City and other governmental entities must be
met.
14. Applicant agrees to hold City harmless from all costs and expenses, including attorney’s fees,
incurred by the City or held to be the liability of City in connection with City’s defense of its
actions in any proceeding brought in any State or Federal Court challenging the City’s action
with respect to the applicant’s project.
… End of Conditions …
14
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í;
tJr-,¡"II e.
RESOLUTION NO. UP-97-003
A RESOLUTION OF THE SARATOGA PLANNING COMMISSION
CITY OF SARATOGA, APPROVING USE PERMIT
Worden (BP Gas Station), 14395 Big Basin Way
WHEREAS, the City of Saratoga Planning Commission has received
an application for Use Permit Approval to expand an existing mini-
mart by converting an existing automobile service and repair
facility into retail space; and
WHEREAS, the Planning Commission has conducted a duly noticed
public hearing at which time all interested parties were given a
full opportunity to be heard and to present evidence; and
WHEREAS, the Planning Commission finds:
a. That the proposed retail space is in accord with the
objectives of the Zoning Ordinance, the Village Plan, the Village
Design Guidelines, and the purposes of the Commercial/Historic (CH-
1) district in which the site is located.
b. That the proposed retail space and the conditions under
which it would be operated or maintained will not be detrimental to
the public health, safety or welfare, nor materially injurious to
properties or improvements in the vicinity in that appropriate
conditions have been placed on the project to minimize potential
impacts.
c. That the proposed retail space will comply with each of
the applicab~e provisions of this chapter.
NOW, THEREFORE, the Planning Commission of the City of
Saratoga does hereby resolve as follows:
Section 1. After careful consideration of the site plan, and
other exhibits submitted in connection with this matter, the
application of Worden (BP Gas Station) for Use Permit approval be
and the same is hereby granted subject to the following conditions:
1. This Use Permit approval supersedes all previous Use Permit
approvals:
2. The proposed tenant improvement shall be as indicated on
Exhibit "A", plans,
3. The gas station and mini-mart store shall observe the
following hours of operation:
6 a.m. to 10 p,m" - Monday through Friday
7 a.m. to 10 p,m. - Saturday and Sunday
4. No alcoholic beverage will be soid on the
Attachment 2
15
16
1" ..
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1
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J
File No. UP-97-003, 14395 Big Basin Way
AYES:Abshire, Bernald, Murakami, Patrick, Pierce, Siegfried
NOES:None
ABSENT:Kaplan
ATTEST:
I~!n~g Commission
Ch~Fc~t~~~n(?
17
TI~~ @ff ~~~@@£
13777 FRUlTVALE AVENUE · SARATOGA, CALIFORNIA 95070 · (408) 868-1200
Rick Ratra
2107 N, First Street Suite 310
San Jose, CA 65120
COUNCIL MEMBERS:
Evan Baker
Stan Bogosian
John Mehaffey
Nick Streit
Ann Waltonsmith
Incorporated October 22, 1956
July 2, 2001
SECTION I
Your application regarding UP-OO-O 17 was placed on the Agenda for the Planning Commission meeting
scheduled for June 27, 2001 at 7:00 p,m, in the City Council Chambers, 13777 Fruitvale Avenue,
Saratoga, California 95070,
Project location:14395 Big Basin Way
SECTION II To be completed and mailed to the applicant following scheduled meeting)
Your application was presented to the Planning Comnússion on the above date and was:
Approved, Enclosed is(are) Resolution(s):
Denied. If you wish to appeal this decision, you may file an "Appeal Application" with the City
Clerk within fifteen (15) calendar days of the date of the decision, You must resubmit eight (8)
sets of 11 x 17 plans, .
Continued to:
Additional comments:
Agents to receive a copy of this letter:
Thomas Dowdakin
6604 Barnsdale Court
San Jose, CA 95120
Community Development Department
Printed
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RESOLUTION OF DENIAL NO. UP,OO,0I7
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
RATRA; 14395 Big Basin Way
WHEREAS, the City of Saratoga Planning Commission has received an apphcation
for Use Pennit approval to allow the construction of a 517 square foot carwash addition to
an existing 1,615 square foot gasohne service station and mini,market at the southwest
corner of the intersection of Saratoga' Sunnyvale Road/Saratoga,Los Gatos Roàd and Big
Basin Way/Saratoga Avenue; and '
WHEREAS, the City of Saratoga has prepared an Initial Study and Negative
Declaration pursuant to the requirements of the California Environmental Quahty Act
CEQA); and
WHEREAS, the Planning Commission held a duly noticed Pubhc Hearing at which
time all interested parties were given a full opportunity to be heard and to present evidence;
and
WHEREAS, the apphcant has met the burden of proof required to support said
apphcation for Use Pennit approval, and the following findings have been detennined:
That the proposed use is not in accord with the objectives of the Zoning Ordinance and
the purposes of the district in which it is located because the proposal includes a blower
which is prohibited under Code Section 15,06.310,
That the proposed location of the conditional use and the conditions under which it would
be operated or maintained will be detrimental to the pubhc health, safety, or welfare,
materially injurious to properties or improvements in the vicinity because noise from the
blower would disturb neighbors, In addition, the proposed carwash is inconsistent with
the following goals of the Village Plan and Village Design Guidehnes:
Village Plan, Goal 2, "Preserving and enhancing the architectural and landscape quality of the
area," The proposal does not include a landscape and irrigation plan consistent with
the Saratoga Village Plan Design Guidehnes, or a plan for screening the outdoor
trash facility pursuant to Development Standard 4,h,2 of the Saratoga Village Plan,
Village Plan, Goal 3. "Improving parking and circulation." The traffic analysis of the
proposal suggests that access to nearby uses may be impacted by the proposed
carwash. In addition, the City Traffic Engineer has expressed concern regarding
traffic safety due to the close proximity of the site's two access points on Big Basin
Way and one of the proposed parking spaces (e,g" the proposed parking space
could interfere with the hnes,of,sight of drivers entering and existing the site),
That the proposed conditional use does not comply with each of the apphcable provisions
of the Zoning Ordinance because the proposal includes a blower, which is prohibited under
Code Section 15,06.
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r,File No. UP-OO-017; 14395 Big Basin Way
NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby
resolve to deny the subject application,
Section 1. Unless appealed pursuant to the requirements of Article 15,90 of the
Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of
adoption,
PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of
California, this 27th day of June 2001 by the following roll call vote:
AYES:Barry, Garakani, Hunter, Jackman, Kurasch and Zutchi,
NOES:None,
ABSENT:Roupe,
c#~anning ConV6ïssion
A TIEST:
J.ðS;~ ~,..ll ~
Secretary, Planning Commission
A:\UP . Union 76 Carwash,20
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14395 BIG BASIN WAY
PCUP20-0004
MARCH 10, 2021
Attachment 3
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RETAIL STORE
CANOPY
SITE PLAN
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FLOOR PLAN
27
FRONT ELEVATION 28
GAS PUMPS AND ISLAND 29
CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Frances Reed, Administrative Technician
Date: March 10, 2021
Subject: PCUP20-0004, 14395 Big Basin Way
The attached public comment for application PCUP20-0004, 14395 Big Basin Way was provided after the staff
report was prepared.
Attachment 1 – Public Comment email regarding 14395 Big Basin Way.
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CITY OF SARATOGA
Memorandum
To: Saratoga Planning Commission
From: Frances Reed, Administrative Technician
Date: March 10, 2021
Subject: Supplemental Memo No. 2 - PCUP20-0004, 14395 Big Basin Way
The attached public comment for application PCUP20-0004, 14395 Big Basin Way was provided after the staff
report was prepared.
Attachment 1 – Public Comment email regarding 14395 Big Basin Way.
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Frances Reed
From:Debbie Pedro
Sent:Tuesday, March 9, 2021 9:21 AM
To:Frances Reed
Subject:FW: liquor permit for gas station
Can you please prepare a supplemental for the PC? Thanks.
From: Marcia Fariss
Sent: Tuesday, March 9, 2021 9:17 AM
To: Debbie Pedro <dpedro@saratoga.ca.us>
Subject: liquor permit for gas station
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
I strongly object to the City issuing a permit for the gas station at the entrance of the Village to sell wine and/or
beer. There are already plenty of nearby sources for those beverages and we don't need another. Nor do we need to
make it easy for folks to ride motorcycles up winding mountain roads while under the influence; ditto for autobile
drivers.
Please deny the application for this gas station to sell beer and wine in their store. It's simply not needed and is only a
way for them to increase their profit margin. (At the moment, there are fewer vehicles being driven, thus reducing the
station's profit. Selling liquor is a way to counter that).
Thank you for denying their application to sell liquor.
Marcia Fariss
Saratoga
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