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PC 01-13-92 � ��� : CITY OF CUPERTINO, STATE OF CALIFORNIA /�G��� . 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINU'PES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 13, 1992 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Mackenzie Vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austzn Staff Present: Robert Cowan, Director of Community Development Bert Viskovich, Director of Public Works Ciddy Wordell, City Planner Colin Jung, Associate Planner James Lindsay, Planning Intern Cheryl Kershner, Deputy City Attorney Chr. Mackenzie acknowledged the death of former Planning Commissioner Vic Adams. APPROVAL OF MINUTES: Com. Mahoney corrected the minutes of December 9, 1991 as follows: Page 3, 4th Paragraph, insert the word "foot" after "150" delete the words "which would" and insert "could" . Com. Mann rnade the following changes: Page 8 remove the word "rebuild" from "rebuild seminary". MOTION: Com. Fazekas moved to approve the minutes of December 9, 1991, as corrected. SECOND: Com. Mahoney VOTE: Passed 5-0 Com. Mann corrected the minutes of December 12, 1991 as follows: Page 5, 8th paragraph, should read, "level service E�'. MOTION: Com. Fazekas moved to approve the minutes of December 12, 1991, as corrected SECOND: Com. Austin VOTE: Passed 5-0 MOTION: Com. Austin moved to approve the minutes of April 16, 1991, as presented. SECOND: Com. Mann VOTE: Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Paqe 2 MOTION: Com. Fazekas moved to approve the minutes of July 18, 1991, as presented SECOND: Com. Austin VOTE: Passed 5-0 WRITTEN COIKMIJNICATIONS : Com. Austin noted the letter she received from St. Simon's. She distributed a copy to each Commissioner. POSTPONIIKENTS OR NEW AGENDA ITEMS: Item l: Application 10-U-89: Portofino Development Corp. - Applicant requests continuance. MOTION: Com. Fazekas moved to continue application 10-U-89 to February 10, 1992. SECOND: Com. Austin VOTE: Passed 5-0 ORAL COI�MIJNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 2. Application No(s): 13-U-91 Applicant: Rekhi Bros., Inc. Property Owner: Ovama Trust Project Location: 10991 N. De Anza Blvd. USE PERMIT for liquor sales and wine tasting in an existing retail center. Staff Presentation: Associate Planner Jung presented the staff report. He reiterated the background of the application as outlined in the staff report. He noted when the original use permit was approved in 1987, consumption of alcohol on premises was prohibited, it required a conditional use permit. The proposed hours of operation will be 9 am - 9 pm Monday - Saturday and 10 am to 6 pm on Sundays which will fali within the allowed hours of operation. He noted the applicant would like to have wine tasting in the liquor store for 5 hours one day a week. Mr. Jung noted a condition would be placed on the application to prohibit customer seating and limit wine tasting to a maximum of two days per week and a maximum of five hours per day. Applicant Presentation: Mr. Roland Hobart, Manager, stated the purpose of the wine tastinq is to show and educate the public on PLANNING COMMISSION MINUTES . Regular Meeting of January 13, 1992 Page 3 ' the different ways of using wine. He noted they have been providing these services in other stores throughout the Bay Area. In response to Com. Austin's question, Mr. Hobart stated this will be an on-going situation. He also noted that their alcoholic � beveraqe license requires them to charge for alcohol, thus requiring a minimum charge for the wine tasting. Chr. Mackenzie opened the public hearing. Chr. Mackenzie closed the public hearinq. MOTION: Com. Austin moved to approve application 13-U-91 subject to the findings and subconclusions of the hearing. SECOND: Com. Fazekas VOTE: Passed 4-1 NOES: Com. Mann 3. Application No(s): 2-M-91 Applicant: New Life Church Property Owner: New Life Church Project Location: 20900 McClellan Road MODIFICATION OF USE PERMIT (APPLICATION 39-U-85) for a temporary trailer. Staff Presentation: Planning Intern Lindsay presented the staff report. He noted the request is for an extension of their use perrnit for a ternporary trailer on site. He reviewed the background of the Church as outlined in the staff report. He noted the activities held in the ternporary trailer cannot be relocated due to schedulinq of other activities. He stated there have been no complaints from the public and Central Fire have not expressed concerns regarding the trailer. Staff recommend an extension of one year. Applicant Presentation: Mr. Todd Renegar, Pastor, stated there are no problems with the trailer. He noted that the Council required it to be rernoved in five years. He feels the decision by the City Council is harsh and if the trailer is removed it will hinder the ministries of the Church. He stated they do not have the funds to build another permanent building at this time and the trailer is needed. He did stress that this is a temporary trailer and will be removed when the funds are available to build a permanent building. He requested a longer extension, but would be thankful for the one year extension. In response to Com. Mann's question, Mr. Todd stated they are participating in the homeless shelter. Chr. Mackenzie opened the public hearing. PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 4 Mr. Andrew Otrosina, 1625 S. Blaney, San Jose, stated if the funds ' were available, a permanent building would be constructed. He noted the Church is thankful for the one year extension, but feels the Church cannot plan on a year by year basis. Ms. Barbara Updike, 7375 Rollingdell Dr. #70, expressed the � importance of the trailer to the ministries of the church and the chi ldren of the Community . In response to Chr. Mackenzie's question, Mr. Cowan stated the primary issue for the removal of the trailer has to do with aesthetics. Chr. Mackenzie closed the public hearing. Com. Mann suggested giving the church a 5 year extension. Com. Mahoney suggested a 2 year extension. Com. Fazekas suggested a 3 year extension. Com. Austin commented on the Council recommendation for no more expansions, she noted she would support a one or two year extension. Chr. Mackenzie stated he would support a two year extension. MOTION: Com. Fazekas moved to approve 2-M-91 subject to the findings and subconclusions of the hearing with the following changes: Findings, (b) change one year to two years; Condition 2, change one year to two years. SECOND: Com Mahoney VOTE: Passed 5-0 4. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the General Plan, including goals and technical analysis. Subject: Seminary Property explanation and Land Use Summary. Com. Mann questioned if it is a conflict of interest regarding the seminary property for members of the Commission who have family attending the Catholic schools or are members of the Church. Deputy City Kershner stated there may be a possibility of conflict of interest, but this matter would be looked into. Chr. Mackenzie suggested that each Commissioner gave rationale for their individual votes on Seminary property. Com. Mann stated she voted no for three reasons. She feels there was no opportunity to review more than one proposal. She noted PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 5 �- people she has talked to in the Community want the property open space or very low density. She stated the reports that she has read from the different commissions and groups all indicate the property should remain open space or low density. � Com. Mahoney noted he voted yes for the higher density. He noted his priority is to maximize open space for this property, but if development is to take place he feels the high density addresses the visual impact issue and will maximize the amount of open space. If housing is developed he would like moderate income housing. Com. Fazekas noted he voted yes and concurred with moderate to low income housing. He stated there are flat areas on the property where townhomes could be developed. He noted environmental constraints would be placed on the site and would like to see an extraordinary approval process. He stated the number of constraints will reduce the number of units permitted. Com. Austin stated the Commissioners all aqreed that open space is the first priority. She noted other options were not discussed for this property. She feels affordable housing would not work on this site and more options should be pursued. Com. Austin felt that some clustered housing would work on the site. She expressed concern regarding the Williamson Act and felt this should be retained. Chr. Mackenzie stated the Commission have discussed the seminary property for many hours before they made any decision. He feels that housing is the best use of the property. He stated it is unlikely that public money will be found to buy the land. He feels the cornrnunity is balanced out with regards to for and against development. He noted there is a policy that allows time for all reasonable approaches to keep the land open space. He feels the two year time period should be the maximum to allow reasonable response to purchase the property for open space. He stated the Williamson Act was not discussed and should not be at this point. The sensitive areas have been identified and will be protected. He feels the Church property does not fit in the hillside district. He stated planned development would be more appropriate for the site than scattered homes all over the property. The size of houses should be limited. He noted the citizens of Cupertino are against very large homes. He stated the number of units the Commission have established should be the maximum. Com. Mann explained the 400 number which is outlined in the general plan. She noted this means no more than 400 can be built. Staff Presentation: Planning Director Cowan presented the staff report. He presented staff's interpretation of the Commissioners major goals for the General Plan. They are as follows: PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 6 (a) Heart of City (Community identity) (b) Permit major companies to expand (c) Increase Housing Supply (d) Maintain Level of Service (LOS) D Mr. Cowan went on to explain the trip based allocation model. He ' presented charts to the Cornmission explaining the trips generated � and allocated within the existing general plan and any growth in the future. He stated once the Council picked a model it will be tested to get more exact results. Com. Mahoney questioned if the basic assumption of this model is that the existing General Plan is mapped into a level service D. Mr. Bert Viskovich stated this is correct. Mr. Cowan went on to show additional tables with hypothetical land use options assuming the reallocation of trips as outlined in the staff report. He noted the 1000 additional units as required by the State have been calculated into the numbers, as shown. He stated the charts do not describe the spacial allocation of the land use options. He noted in subsequent meetings the numbers will be applied to site specifics. Regarding the Trip Generation Factor, Mr. Cowan noted that staff has developed a three tier approach to mitigate new development as outlined and explained in the staff report. Tier l: Fixed Discount of Trip Generation Factor Tier 2: Variable Discount of Trip Generation Factor Tier 3: Implement Transportation System Management techniques. He noted that any development added to the traffic model will have a regional impact. Mr. Viskovich stated Tier 2 is to protect from any regional or State mandates. He noted tier 1 applies to new growth and can discount the number of trips the particular project is generating. In response to Com. Mann's question regarding the requirement of reduction of trips for new development, Mr. Viskovich stated it depends on the specific application and what the applicant wants. In respon�e to Chr. Mackenzie's question, Mr. Viskovich stated penalties would go through the Development Agreement. He stated an agreement must be reached that allows development to occur beyond the General Plan, if the goals are to be satisfied. In response to Com. Austin's question, Mr. Viskovich explained that Companies who want to expand will have to show that they can reduce the nurnber of trips, and if this is not adhered to, penalties will be enforced. PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 7 Chr. Mackenzie questioned if the current General Plan is built out, � would the City reach the level of service E? Mr. Viskovich stated the City cannot assure a level of service D, ' but can work with the tools available to maintain this level of � service. He stated the peak hour will expand into a peak period. The current general plan build out was discussed and the trips generated at intersections within the City. Mr. Viskovich stated for General Plan purposes, trips are planned on a system wide basis and critical intersections need to be looked at. Chr. Mackenzie noted he is concerned about the peak hour becoming much more than an hour. � Mr. Viskovich stated it is a peak period. He stated the City needs to get a matrix on the peak period and this should be discussed for General Plan purposes. He noted some TDM programs can, in fact, extend the peak period unless increase ridership is introduced. TDM programs were discussed and it was noted that these should be ► tied into the peak period as well as square footage. Com. Mann stated Vallco Fashion Park should also be included in the TDM programs. Chr. Mackenzie noted that the widening of the peak period should be added to the discussions of the General Plan. Com. Austin stated that school districts should also be included in the TDM programs. ' Mr. Viskovich stated they need to deal with the regional traffic when discussing the General Plan. Com. Fazekas asked wha� effect the City will have on the regional system if they go beyond the existing General Plan? Mr. Viskovich stated they are not sure at this point. He stated the agency will be doing their own traffic count to submit to Cal-Trans. Com. Mann questioned the F-level on 85 and 280 and was Cupertino contributing to this or is it through traffic. Mr. Viskovich stated the State says that the City is responsible for the portion within the City. He stated more regional planninq is needed. . Com. Fazekas questioned Air quality. Mr. Viskovich stated that the Air Quality mitigation will be different from Congestion Management PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 8 Plan. He stated the through traffic is a problem, but each City will have to deal with this and work with other Cities. Mr. Cowan stated the other Cities will also have to comply with State standards. i Chr. Mackenzie referred to Table 2a in the staff report. He I questioned if 2000 houses are to be built, where does the land come from? He feels buildings will have to be torn down to accomrnodate this, and then trips will in turn will contribute back into the pool. Mr. Viskovich stated staff Iooked at it as new development. Mr. Cowan stated the assumption is that commercial will be redeveloped with housing added on small lots. Mr. Cowan went on to explain the process of future hearings and the , information staff will supply to the Commission. The Commissioners went on to discuss the four major goals as noted earlier. (a) Heart of the City: , Com. Mahoney stated commercial development should be focus towards the heart of the city and build it up as pedestrian oriented. He does agree with the heart of the City. Com. Fazekas concurred. He also feels it should be pedestrian oriented and have a downtown ambience. Com. Mahoney stated there needs to be a critical mass to make the heart of the City work. Com. Austin stated she is in favor of the Heart of the City. She noted there should be a thematic approach and also be pedestrian oriented. It should be user friendly and maybe some residential. She spoke in favor of De Anza and Stevens Creek intersection. Com. Mann stated she is in favor of the Heart of the City and concurred with other Commissioners. She feels buildings should be up on the sidewalks. She spoke in favor of De An2a and Stevens Creek intersection. Chr. Mackenzie stated he is against putting energy into a heart of the City and would prefer building a better library. He feels the City should focus on the retail centers they have rather than build any more. PLPiNNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 9 ► Com. Mann stated the idea of a heart of the City is to bring retail together rather than scattered all over the City. I There was a 4-1 vote on the Heart of the City with Chr. Mackenzie � voting No. I (b) Permit major companies to expand Com. Mann noted she is not in favor of expansions unless traffic and housing is mitigated. Com. Mahoney stated the major companies need significant expansion abilities over a 10 year time period. � Com. Fazekas stated expansion should be allowed, but only if certain mitigation measures are met to help the City. He stated the trip bonus concept should be more on a square footage concept. � He noted TDM programs should be passed by Ordinance. Com. Austin stated that the Companies should be allowed to expand, � but should mitigate traffic and housing, and not with dollar � arnounts. � Chr. Mackenzie feels there is an ample supply of rental office space within the City. He feels it is reasonable to allow owner occupied large developments a preference in the General Plan. Com. Mann stated this has to be equitable for both start up companies and existing companies. She feels expansion should not be limited. The vote for expansion allowed for major cornpanies over minor companies was Yes 3(Mackenzie, Austin, Mahoney), 1 No (Mann), 1 Abstain (Fazekas) (c) Increase Housing Supply Com. Austin stated that the present General Plan should be adhered to and not go beyond this. The vote for increase housing was 4-1 (Austin No) (d) Maintain Level of Service D. Com. Mann stated keep the level of service D. Com. Mahoney agreed with level of service D and maybe lower at the heart of the City to achieve other goals. Com. Fazekas also agreed with D level and E at the heart of the City. PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 10 1 Com. Austin concurred. � Chr. Mackenzie stated he would keep D level and accept an E level on the Northeast fringes of the City. i Mr. Viskovich stated the trips are generated internally and this � has to be addressed. He stated if E levels are created they will create E levels in other locations. Chr. Mackenzie opened the public hearing. Mr. John Sobrato noted he has several questions regarding the Seminary property. Mr. Cowan stated the seminary property will be discussed again at � a future hearing and Mr. Sobrato will have a chance to raise his questions then. � Mr. John Haley, Tandem Computers, noted that Tandem Computers have been in Cupertino since 1974 and have grown with the City and want to stay. , Mr. Phil Zeitman, 22907 Cricket Hill, made the point that maybe the current General Plan build out is enough and could still meet the � housing needs and the expansions of the major companies. Chr. Mackenzie noted the General Plan discussion is continued to , January 15, 1992 at 6:00 p.m. NEW BUSINESS: - Nane REPORT OF THE PLANNING COPIIKISSION: Com. Austin reported on newspaper articles regarding city and regional growth. Also an article on light-rail. REPORT OF DIRECTOR OF CO1�II�IUNITY DEVELOP1rIEN'P : Mr. Cowan reported on the Annual Commissioners Institute. In response to Com. Fazekas request, Mr. Cowan explained the Council's position regarding Regional Government. He stated the major issues are representation and revenue sharing. PLANNING COMMISSION MINUTES Regular Meeting of January 13, 1992 Page 11 ► DISCUSSION OF NEWSPAPER CLIPPINGS: Com. Austin commented on the newspaper article regarding Governor Wilson's incentive to control State Growth. ` ADJOURNMENT: The Planning Commission adjourned at 9:50 P.M. to � the adjourned meeting of January 15, 1992 at 6:00 p.m. Respectfully submitted, 1 � 4-�-�--� AQ -�' c,{�' ��-��c�1 Catherine M. Robillard, Recording Secretary � t Approved by the Planning Commission 1 at the Regular Meeting of January 22, 1992 ` /s/ Don Mackenzie ( Don Mackenzie, Chairman Attest: /s/ Dorothy Cornelius Dorothy Corne ius, City Cler � 1