Meeting Minutes

Meeting Called to Order, 7:00 p.m.

1. Meeting Called to Order

Roll Call

2. Roll Call

Advisory: Carol Anne Painter, Project Planner, Greg Rubens, Deputy City Attorney

Commissioners: Jo Ann Iwasa, Chair, Steve Prehm, Vice Chair, Alex Phillips, Steve Divney, Lee Thompson (Arrived at 7:45 pm)

Approval of Minutes

3. Approval of Minutes

M/S Divney/Phillips to approve the minutes of December 6, 2004 with the corrections to the spelling of Commissioner Phillips name from Philips to Phillips. Motion carried 4:0 (Thomson absent).

Public Hearing

4. Public Hearing

Procedure for Public Hearing:
Staff will present a report on the history, physical features, etc., on the application followed with the staff's recommendations. The applicant will make a presentation. Thereafter, interested members of the community may speak on the proposal. When all interested parties have had an opportunity to be heard, the hearing will be closed, and no further discussion from the floor can be held. The Commission will then consider the evidence and make its recommendation. If you challenge a public hearing item in Court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, the public notice, or in written correspondence delivered to the City at or prior to the public hearing. Speakers should fill out a speakers form, found by the door, and hand it to the recording secretary prior to addressing the Commission. The speaker should come up to the microphone to speak since the meeting is being recorded. This will assist staff in preparing the minutes.

a) Public hearing for the purpose of hearing and considering all comments of all persons interested in or concerned with the application of Marty Ruberry of Black Mountain Properties for a Mitigated Negative Declaration, Ordinance Amendment for a Planned Community, Conditional Use Permit, Grading and Dirt Haul Permit, and Architectural Review, associated with the construction of a new, two-story, office and light industrial building at 800 Brittan Avenue (APN 046-151-010), pursuant to the San Carlos Municipal Code Sections 18.136, 18.104, 18.124, 18,116, 12.08, and 15.36.

Staff recommended adoption of the resolutions for the draft Mitigated Negative Declaration and Ordinance Amendment, and approval of the Conditional Use Permit, Architectural Review and Grading and Dirt Haul Permit.

Ted Hannig, 2991 El Camino Real, representing the project applicant, expressed support for this item.

Barbara Patterson, 801 Walnut, expressed opposition to this item. Ms. Patterson’s concerns were related to the years of degradation of the creeks in San Carlos and to the jurisdiction of State and federal wildlife protection agencies.

Sam Herzberg, 996 Sylvan Drive, expressed opposition to this item. Mr. Herzberg indicated that he wanted the City to look at improving its creek corridors. He also expressed concern about regional flooding.

Cara Vonk, 423 Hillcrest, expressed opposition to this item. Ms. Vonk’s concerns focused on the setback between the Pulgas Creek top-of-bank and improvements for the development.

Richard Izmarian, 2215 Eaton Avenue, expressed opposition to this item. Mr. Izmarian stated that there is a localized flooding issue that has not been addressed and requested that a hydrologist review the project.

At the request of the Commission, staff verbally responded to each of these issues. In addition, because these issues were provided in writing prior to the hearing, staff's response to public comments was also included in the Planning Commission staff report (page 5 of 15).

The Commission closed the public hearing. The Commission's discussion indicated a concern about creek setbacks in general, but agreed that an exception was warranted in this case. Additionally, the Commission directed staff to add conditions to the Draft Code Compliance Certificate and to the Draft Grading and Dirt Haul Certificate to prohibit ingress and egress directly from the site onto Brittan Avenue for grading and construction activities and to ensure that utility services are not disrupted during construction. Amended certificates will incorporate these changes.

M/S Prehm/ Phillips recommend that the City Council adopt the Mitigated Negative Declaration and Ordinance Amendment. Motion carried 5:0.

M/S Prehm/Phillips approved the Conditional Use Permit, Architectural Review, and the Grading and Dirt Haul Permit. Motion carried 5:0.

Reports, Correspondence and General Information

5. Reports, Correspondence and General Information

a) Report on recent City Council actions
None.

b) Planning Commission comments or reports
None.

c) Correspondence
None.

d) Planning Staff comments, reports and updates of current projects

Planning Commission suggested a "report card" which would serve as a follow up report on the status of past approved projects. Planning Commission also requested that the creek setback issue be a topic for the upcoming joint meeting with the City Council.

Public Comment

6. Public Comment

Clint Miller, 2428 San Carlos Avenue, recommended that the Commission allow a short public comment period at the beginning of each meeting so that residents do not have to wait until the end of the meeting to voice opinions on business that is not on the agenda.

Adjournment

7. Adjournment

Chairperson Iwasa adjourned the meeting at 9:00 pm.

The next Planning Commission meeting will be held on February 7, 2005.