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PC 02-10-92 � C"i���t,� CITY OF CUPERTINO, STATE �F CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 ( (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON FEBRUARY 10, 1992 The meeting was called to order at 8:30 p.m. SALUTE TO THE FLAG: ROLL CAI�L : Commissioners Present: Chairman Fazekas Commissioner Mackenzie Commissioner Mahoney , Commissioner Austin Commissioners Absent: Vice Chair Mann Staff Present: Robert Cowan, Director of Community Development ' Ciddy Wordell, City Planner Colon Junq, Associate Planner Michele Bjurman, Planner II Thomas Robillard, Planner II Bert Viskovich, Director of Public Works � Charles Kilian, City Attorney APPROVAL OF MINUTES: MOTION: Com. Mackenzie moved to approve the minutes of January 15, 1992, as presented. SECOND: Com. Austin VOTE: Passed 4-0 M�TION: Com. Austin moved to approve the minutes of January 22, 19�2, as presented SECOND: Com. Mahoney � VOTE: Passed 4-0 MOTION: Com. Mackenzie moved to approve the minutes of January 27, 1992, as presented SECOND: Com. Austin VOTE: Passed 4-0 POSTPONEliENTS OR NEFT AGENDA ITEIrIS : Item 1: Application 10-U-89 (Amended� - Continued to the meeting of February 24, 1992. WRITTEN COMlSUNICATIONS: Letter from Westfield Letter from Ed. Lickman PLANNING COMMISSION MINUTES Regular Meeting of February 10, 1992 Page 2 ORAL COMMUNICATIONS: - None CONSEN'P CALENDAR: - None PUBLIC HF.ARINGS: 2. Application No: 14-U-91 and 17-EA-91 Applicant: Nelson Chao Property Owner: Nelson Chao Project Location: 10022 Peninsula Blvd. USE PERMIT to operate a financial services office and storage in an existing 2,864 s.f. building. Staff Presentation: Planner Robillard presented the staff report noting the proposal is for a financial office and storaqe. He reiterated the Planning Commission's three options as outlined in ' the staff report. He noted staff's recommended option would be to ; approve the application with conditions to assure limited use to the building. Staff recommend 2 offices, removal of the rear 18 feet of the building, the storage proposed have no outlets, only light and no carpet. He noted the City Council did approve the abandonment of Peninsula Ave right-of-way, but made it clear that � this action does not indicated support or lack of support to the application and the need for additional parking. He noted there are concerns regarding the UBC which are outlined in the staff report. He noted the landscaping and colors are subject to ASAC's approval. In response to Com. Mackenzie's question, Mr. Robillard noted one of the parking spaces required would have to be a handicap stall. Mr. Robillard also noted the suggestion to remove the last 18 feet as opposed to removing more, because there is an 18 ft. addition over the original building. � Mr. Cowan noted if and when Monta Vista Inn remodels, there would be the opportunity of having a common driveway with parking in the back with the 18 ft. removed. Chr. Fazekas opened the public hearing. AAAlicant Presentation: Mr. Nelson Chao stated they want to use the building for financial business. He stated a one hour fire wall has been installed. He noted if they obtain the ingress egress easement more parking can be provided in the rear . He noted three offices would be preferable. Ms. Anna Radden, noted she owns the hairdressing business int he back. She explained concerns regarding the lack of parking. She PLANNING COMrIISSION MINUTES Reqular Meetinq of February 10, 1992 Page 3 � � also expressed concern regarding noise if the rear of the building has access, and enforcement of parking restrictions, if the application is approved. Mr. Bob Slavik noted he owns a building in the vicinity. He expressed concern reqarding the lack of parking, noting the abandonment of Peninsula did not provide rnore parking. He also expressed concern about policing the parking spaces and feels this can not work. Mr. Doug Heely, 15761 Montebello Rd., noted that the 2000 s.f. storage is unrealistic because of parking. He noted this will be a Real Estate Office and will require parking. He stated there is an existing parking problem, and is concerned that the City is trying to make the building into sornething it is not. Mr . Joe Brown, Monta Vista Animal Hospital , noted when the City abandoned Peninsula Ave it was stated that it should rernain as a public utility easement as well as a public service easement. He ' noted handicap parking stalls need to be wider than normal stalis, this will cut down on the size of the street. He noted the ingress � and egress through his property is not feasible. He expressed concern regarding noise. In response to Com. Mackenzie's question, Mr. Robillard stated that ! the historical use of the property is for a whearhouse, which allows for a front office, a bathroorn and one full-time occupant. Com. Mackenzie stated the staircase should be removed, remove interior walls except for one or two offices. Leaving the front door and two front windows. Electrical, other than lights, should be removed. Com. Austin stated the 18 feet at the rear should be removed, two offices are acceptable with entrance in the front only. Chr. Fazekas stated there is not a lot of support for the , application. He noted there is a parking problem. He concurred with removing the 18 feet in the rear and removing the interior walls, but is hesitant to approve this. Com. Mahoney concurred with Com. Mackenzie, mostly storage with one office. MOTION: Com. Austin moved to recommend granting a Neqative Declaration. SECOND: Com. Mahoney VOTE: Passed 4-0 ABSENT: Com. Mann PLANNING COMMISSION MINUTES Regular Meeting of February 10, 1992 Page 4 � MOTION: Com. Austin moved to approve application 14-U-91 sub�ect to the findings and subconclusions of the hearing with the following additions: removal of all walls and partitions, but for two offices; removal of staircase; remove doors and windows on east and west side; one door in back and front. SECOND: Com. Mackenzie VOTE: Passed 4-0 ABSENT: Com. Mann 3. Application No: 7-TM-91 Applicant: Lotus Dev. & Constr. Inc. Property Owner: Darrell Bradford � Project Location: 10641 Madera TENTATIVE MAP to create a two lot subdivision frorn a 1.19 acre , parcel. ! Staff Presentation: Planner Bjurman presented the staff report. Regarding the flood zone, Ms. Bjurman noted a condition requiring � that the final map reflect the base flood elevation is included. She noted parcel one is separated by public utilities. She noted there has been discussion on health hazards regarding the power lines. She noted research has been done on this issue and staff j would place a condition that the Tentative Map reflect the health � hazard concern. Staff recommend approval. Chr. Fazekas opened the public hearing. Applicant Presentation: Mr. Barry Barnes, 22260 San Juan Rd., noted three oak trees on the property are of ill health and wili be removed. He noted he has applied to PG&E for an easement for the driveway. In response to Com. Mahoney's question, Ms. Bjurman stated staff's condition would be that the trees be preserved during demolition and then the existing tree ordinance would apply. i Com. Austin noted she would like to see an Arborist report before removing any trees. Chr. Fazekas noted when there is a piece of property which is ' heavily encumbered by an easement etc., there is only so many useable net square feet. He stated in this case, there is 6,000 s. f. house to be built on a 5, 000 s. f. lot. He feels this could be a candidate for a variance. Com. Mackenzie concurred with Chr. Fazekas. Mr. Darrell Bradford, Property Owner, stated the map presented is over stressed. He noted there is more room on the side of the PLANNING COMMISSION MINUTES Regular Meetinq of February 10, 1992 Page 5 I ' tower than perceived by the map shown. He feels the easement given to PG&E is much more than what is required. Mr. Kilian stated if the Commission chose to deny the subdivision there is adequate basis for findings, that the property is ' inadequate in size and shape to accommodate the proposed use. Mr. Cowan suggested that this item be continued so as to look into the use of the easement and also to find out more information on the trees. Com. Mackenzie concurred with the continuance. ( Com. Mahoney noted what is proposed may work. He noted he is open to seeing more of what is proposed. ( After discussing FAR the commissioners decided to continue this application with the applicants permission. � Mr. Barnes noted that large homes will not be built on this � property and this can be placed as a condition on the map. � Mr. Kilian stated they would have to put easements described on the map that would equal the setbacks. This would avoid remodelling ` issues. With a potential health problem a condition on the map � could require that certain easements be placed on the property that conform to the restrictions of the Commission. Chr. Fazekas noted there should be an Arborist report submitted for the three trees, which are proposed to be removed. Com. Mackenzie suggested that staff define easement lines along the lot which would give some reasonable latitude to position a 2500 ' s.f. house. MOTION: Com. Austin moved to continue application 7-TM-91 to the meeting of February 24, 1992 ( SECOND: Com. Mackenzie VOTE: Passed 4-0 ABSENT: Com. Mann ( 4. Amendment to Section 11.29.040 of the Municipal Code related to on parking. Staff Presentation: Associate Planner Jung presented the staff report. He noted the reason for the amendment was because of complaints from residents, noting the parking of commercial vehicles constitute blight in neighborhoods. He stated the maximum nurnber of vehicles that can be parked on private property in a residential zone is four. Mr. Jung went through the changes as outlined in the staff report. PLANNING COMMISSION MINUTES Regular Meeting of February 10, 1992 Page 6 In response to Com. Austin's question regarding the penalties, Mr. Kilian explained these as written in the Ordinance. Com. Mackenzie noted the existing ordinance should be able to take care of the existing problems. Mr. Kilian noted the problem is determining if a vehicle is operable or not. Mr. Jung presented pictures of vehicles of 10,000 lbs or more. Chr. Fazekas opened the public hearing. ' Mr. Risher, 21835 Corte Madera, noted that he intends to sell his commercial vehicle that is parked in his driveway. He noted neighbors have not contacted hirn about this problem and feels this ' should be settled among the neighbors. � In response to Com. Mackenzie's question, Mr. Risher stated he has four vehicles parked on his property. I Mr. Steve Bourne, Corte Madera, stated he is concerned about the � vehicles parked on the property. He expressed concern regarding property value and the quality of life. He presented photos to the � Commissioners of the vehicles parked at 21835 Corte Madera. Ms. Lois Webber, 21877 Corte Madera, stated the property looks unsightly and expressed concern regarding the vehicles on the property. She stated property value is a concern. Mr. Georgio Dorin, Corte Madera, stated he feels the vehicles are like collectors items and not being moved. ' Ms. Barbara Risher, 21835 Corte Madera, stated the neighbors have complained to the City without notifying them of the problem. I Chr. Fazekas closed the public hearing. Mr. Jung explained the commercial vehicle as defined in the municipal code. �' Com. Austin noted the Ordinance is not sufficient and staff are tightening it up. She expressed concern about this problem occurring all over the City. She stated they need to protect neiqhborhoods and the quality of life. Com. Austin spoke in support of staff's recommendation. Mr. Kilian noted, from the photos presented, it is a violation of the existing ordinance. Com. Mahoney stated the 10,000 lbs is too restrictive. PLANNING COMMISSION MINUTES Regular Meeting of February 10, 1992 Page 7 Com. Fazekas spoke in favor of approving the amendment and increasing the maximum number of pounds allowed. Com. Mackenzie noted that an article in the Cupertino Scene, describing parking ordinances, did not address the existing � ordinance described, noting that the existing ordinance should be adhered to before changing it. MOTION: Com. Austin moved to approve the amendment to Section 11.29.040 of the Municipal Code related to on-site parking subject to the findings and subconclusions of the hearincj. SECOND: Com. Fazekas VOTE: Passed 3-1 ( NOES: Com. Mackenzie ABSENT: Com. Mann � Com. Austin amended the minutes of January 27, 1992 at this time: Page 7, 1. Austin Yes; Page 8, 9. Austin Yes. I ' 5. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the General Plan. Subject: I Transportation: Deficiency Plan and Bicycle Plan. ( Staff Presentation: Mr. Bert Viskovich presented the staff report for the Deficiency Plan. He reiterated comrnents from the Congestion Management Proqram as outlined in the staff report. He noted the Congestion Managernent Program involves LOS Standards, Transportation Impact Analysis Methodology, Deficiency Plans and Land-Use and Transportation Plan. He noted if LOS goes to an E level a deficiency plan will come into play. He noted the deficiency plan will be used if traffic levels � go down and cannot be mitigated. He noted the City has to deal with a regional system. He noted a deficiency plan has not been ( specifically defined at this point. � Mr. Cowan noted staff is working with the Congestion Management Agency to develop some discrete packages that will be standardized. Associate Planner Jung presented the staff report on the Bicycle Plan. He noted the City adopted the Bicycle Plan in order to make it more safe and convenient for bicyclists. He noted the two categories of bikeways within the City, those being bicycle lanes and bicycle routes. Mr. Jung displayed a diagram outlining the existing bikeways and the proposed bikeways. He noted approximately 50 percent of the bikeways have been developed, with the City continuing to implement the existing plan. He noted the City has a bicycle policy relating to bicycle facilities. Major companies are required to provide on-site facilities for bicycles. He stated the City will be more specific as to what they require. PLANNING COMMISSION MINUTES Regular Meeting of February 10, 1992 Page 8 I He noted staff is also proposing another General Plan policy, relating to freeway overpasses, that they be adequate width to accommodate both bicycle and pedestrian crossings. He noted they , are proposing several new bicycle routes and pointed these out on � the diagram presented. � In response to Chr. Fazekas' question regarding more scenic areas in town and County areas , Mr . Jung stated some routes have not been completed yet, but the City will be responsible in developing routes within the County, if the City wants this. Com. Austin expressed concern regarding McClellan Rd. for bicyclists. ( Mr. Viskovich stated where there is not the width to expand, bicyclists and motorists have to share the roadway. He noted I bicycle lanes cannot be placed on the railroad lines, unless abandoned. ( Chr. Fazekas suggested a route from Stevens Creek to McClellan as the City owns Blackberry Farm. He also suggested pedestrian access ( at creeks and Water District Property. ( Mr. Cowan thanked Mr. Don Burnett for the work done on the Bicycle I Plan. ' Chr. Fazekas opened the public hearing. Mr. Don Burnett, 729 Stendhal Ln., Bicycle, Pedestrian Advisory Committee, noted their intent is to provide bicycle access to as much of the City as possible through back streets. He noted there are several routes that only a bicyclist can use and not motorists . They hope to tie these routes together so bicyclists do not have to ` ride on major arterials. He noted another part of the plan is to tie the City's plan into routes of other cities. ( In response to Chr. Fazekas' question, Mr. Burnett stated that a ` bicycle lane provision is necessary on Stevens Creek Blvd. ' Mr. Dick Schumacher spoke in favor of the additional bicycle lanes proposed. He noted using the bicycle is not only for recreational purposes, but helps traffic congestion, and air quality. People should be encouraged to use bicycles. Mr. Jung stated staff is recommending the new bicycle routes and the proposed policies become part of the overall General Plan recommendations. Chr. Fazekas noted he supports staff's recommendations and staff should try to improve Stevens Canyon Rd. PLANNING COMMISSION MINUTES Regular Meeting of February 10, 1992 Page 9 NEW BUSINESS: 6. Appointment of the Planning Commissioner to the Environmental Review Committee. MOTION: Com. Mahoney moved to appoint Com. Mann to the Environmental Review Committee. SECOND: Com. Austin VOTE: Passed 4-0 ABSENT: Com. Mann REPORT OF THE PLANNING COPli�IISSION: - None � REPORT OF DIREG'Z'OR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: The Planning Commission adjourned at 11:10 P.M. to the next Special Meeting of February 19, 1992 at 6:45 p.m. Respectfully submitted, C A l;l�Q�� Nt � R. d Catherine M. Robil ard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of February 24, 1992 � � Don Mac enzie, Ch irman � Atte ��� , �!� f� orothy Corn ius C ty C erk Amended 2-24-92 '