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PC 03-23-92 � �� CITY OF CIIPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 � (408) 252-4505 �. MINIITEB OF T8E REGIILAR I�EETIN(i OF THE PLANNING COMMISSION . BELD ON MARCH 23, 1992 � BALIITE TO T8E FLA(3 s � ROLL CALLs Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mackenzie Commissioner Austin Commissioners Absent: Commissioner Mahoney Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Bert Viskovich, Director of Public Works Cheryl Kershner, Deputy�City Attorney APPROVAL OF MINIITEB: i MOTION: Com. Mann moved to approve the minutes of March 9, 1992, as presented SECOND: Com. Mackenzie VOTE: Passed 4-0 ABSENT: Com. Mahoney MOTION: Com. Austin moved to approve the minutes of March 11, 1992, as presented. SECOND: Com. Mackenzie � VOTE: Passed 4-0 WRITTEN COMMiJNICATIONB: Mr. John Allen City Planner Wordell stated the letter from Mr. Allen requests the Planning Commission to delay discussion on the Monta Vista area until the residents are more aware of the issue. POSTPONEMENTS OR NEiI AGENDA ITEMB: 1. Application 13-U-88 - Applicant requests continued. MOTION: Com. Mackenzie moved to Continue application 13-U-88 to April 13, 1992 SECOND: Com. Austin , VOTE: Passed 4-0 ABSENT: Com. Mahoney PLANNING COMMISSION MINtJTEB Regular Meeting of March 23, 1992 Page 2 ORAL COMMIINICATIONB: . - None � CONSENT CALENDAR: � - None PIIBLIC HEARINGS: 2. Application No(s): 1-U-92 and 1-EA-92 Applicant: Jack In The Box Property Owner: Richard and Anita Messina Project Location: 20803 Stevens Creek Blvd. USE PERMIT to demolish an existing building and construct a new 2,600 s.f. fast-food restaurant. Staff Presentation: Planning Director Cowan presented the staff report. He noted the request is to redevelop the half acre site to construct a 2600 s.f. Jack In The Box. He showed a site plan of the proposed use. He stated staff is recommending denial because the General Plan actively discourages more free-standing fast food restaurants. With regards to the traffic, Mr. Cowan stated three similar sites were studied and the traffic report was reviewed by the Environmental Review Committee. He also pointed out that the intersection is a heavily used non-signal intersection and if the proposed use is successful more traffic problems will occur. Mr. Cowan outlined the parking configuration and noted staff would like to pursue reciprocal access agreements with the Good Earth Restaurant. He noted a condition of approval requires the architecture to be reviewed by ASAC. Chr. Fazekas stated the architecture should look less like a fast food restaurant. The public hearing was opened. Ap�licant Presentation: Mr. Jim Jackson, representing the' applicant, discussed Policy 2-52 of the General Plan, he feels this policy does not prohibit fast food restaurants and that the proposed use is the replacement of a similar existing use. Mr. Jackson stated trip end constraints and FAR will control the traffic generated. Regarding the architecture, Mr. Jackson stated the Planning Commission have design control. Mr. Jackson stated that the proposed use would be an advantage to the City. He did not favor staff's alternatives as outlined in the staff report. He noted, in the original site plan submitted to staff, the building was on the West, but staff felt it was more appropriate on the East. PLANNING COMMI88ION MINIITES Regular Meeting of March 23, 1992 Page 3 Mr. Dan Martinez, Architect, stated the existing curb cut is approximately 30 ft. from the corner of Stevens Creek Blvd and Saich Way. He stated the revised plan moved the curb cut further away from the corner which will help the circulation. He noted they are in agreement w'ith staff to remove the first two parking stalls along the west property line and replace them with landscaping as well as more landscaping along the front of Stevens Creek Blvd. Mr. Martinez noted the original proposal meets many of staf�'s recommendations. Mr. Jim Jackson stated it is impossible to move the building over and still save the tree while keeping the same layout. He stated the tree could be saved if the building was on the west side. Mr. Martinez stated an alternative is to go back to the original proposal and meet staff's recommendations. He discussed the two magnolia trees on-site, noting these could be save with the original proposal. He feels the original proposal will tie in with the existing shopping center. He also noted the original layout does allow for more outdoor seating. _ In response to Com. Mann's question, Mr. Martinez stated the , property is not wide enough to change the configuration of the building. Mr. Al1en Moll, President, Good Earth Restaurant, expressed concern regarding the reciprocal access and the curb cuts. He stated this would cause more problems for the Good Earth Restaurant. He noted they have reciprocal access with the office complex to the w�st. In response to Com. Mackenzie's question, Mr. Moll stated there are approximately 120 seats in the Good.Earth Restaurant. He noted the typical meal periods are the busiest. Mr. Hong Lin, Share owner of Magic Wok, stated he has been trying to sell this property for a long time and it has been difficult because of the requirements of the City. He noted small business owners do not have the resources to meet all the requirements. He stated the people working in the City need somewhere to eat quickly. He feels this is a good location for a fast food restaurant and the Planning Commission should consider approving this. Mr. Gh. R. Damabeh, 10033 Saich Way, stated he would like to see a new business in this site, but is concerned about the location of the structure as proposed. He noted this will block the view of his bt�siness and other businesses from Stevens Creek Blvd.. Mr. Damabeh stated he has approximately 900 customers a day and is concerned about the traffic impact. Mr. Phil Zeitman, CURB, suggested that the Planning Commission uphold the General Plan policy. PLANNINC� COMMISSION MINIITES Regular Meeting of March 23, 1•992 Page 4 Com. Mann stated she prefers staff's alternative to combine this structure with the other buildings. She stated the outdoor seating should not be on Stevens Creek Blvd. because of noise and pollution. Com. Mann stated this type of restaurant will create more traffic than the Magic Wok. � In response to Com. Austin's question, Mr. Jackson stated there will be approximately 800 customers per day in Jack In The Box. Com. Mackenzie stated he is against the proposal and feels there is too much building on a small lot. He expressed concern regarding the intersection. He stated the two parking spaces should be removed as recommended by staff and also supports staff's recommendation to place the building on the front of the lot. Chr. Fazekas stated the applicant needs to work with staff on a proposal for Saich Way, to obtain an approval. He feels the traffic is acceptable at this time, but would still like to see a proposal on the street as a whole. Com. Austin stated the property owner's options are limited. She does not feel this site is appropriate for housing. Mr. Jackson requested a two week continuance. The Commissioners gave direction to the applicant. Com. Mann requested that the applicant consider many of ASAC's recommendations and the architecture should show creativity. She added that the building should contain more architectural detail. Com. Mann stated the outdoor seating should not be placed on Stevens Creek Blvd. She suggested a curb cut on Saich Way with no left hand turn. Chr. Fazekas concurred with Com. Mann regarding the architecture and that it should blend with the surrounding buildings. He stated there should be no metal roof material . He has no obj ection to the two driveways proposed, but spoke in favor of the reciprocal access through Good Earth. Chr. Fazekas stated the building should be on the east side. MOTION: Com. Mackenzie moved to continue application 1-U-92 and 1-EA-92 to April 13, 1992. SECOND: Com. Mann VOTE: Passed 4-0 ABSENT: Com. Mahoney . PLANNING COMMI88ION MINIITSS Regular Meeting of March 23, 1992 Page 5 3. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the General Plan recommendations. Subject: Land Use, including Monta Vista, Hillsides, Housing, Transpprtation, Public Services, Utilities, Environmental Resources, Public Health and Safety. Staff Presentation: City Planner Wordell outlined the schedule for this hearing and noted the Chairman of the Library Commission would like to address the Planning Commission. Ms. Gene Bedord, Chair, Library Commission, expressed concern about the statements in.the General Plan. They do not feel the current situation of the library is adequately represented. She stated in the last four years the usage of the library has doubled and will continue to increase. She stated the Library Commission is requesting that it be acknowledged in the General Plan that the usage will increase and there may be a need for a larger facility. In response to Com. Mann's question, Ms. Bedord stated the problem with creating another branch is staffing it. The Commissioners went on to discuss hillsides. City Planner Wordell reiterated comments from the March 9, 1992 meeting outlining the points the commissioners reached a consensus on. Com. Austin read a letter from Com. Mahoney regarding hillsides, a copy of which was submitted. The Commissioners discussed the hillside line., Com. Austin stated the line should remain where it is as it has been in effect for the last 20 years. She recommended looking at the Seminary property without moving the line. Com. Mackenzie did not feel the seminary property belongs in the � hillside ordinance. Chr. Fazekas stated the Commissioners should go through the Seminary property_as a whole and come up with specific guidelines. The Commissioners went through Com. Mackenzie's Proposed General Plan Policy for the Diocese property and voted. 1. When the property is rezoned, the developer must present a specific plan which will be evaluated on the following criteria. The approving agencies at that time will determine if a specific plan adequately meets these criteria. 3-1 (Mann No.) PLANNING CO1�IIrII88ION MINIITES Regular Meeting of March 23, 1992 Page 6 In response to Commissioners questions, Mr. Cowan stated the conceptual zoning plan will outline the location of buildings and roads as well as the type of buildings. 2. The City will retain a consultant (at the developer's expense) to perform an EIR. As part of the EIR, the consultant may prepare an alternative specific plan which will also be evaluated on the same criteria. 4-0. 3. Any portion of the property above the 'hillside' line should be allowed no more density than provided by the City's hillside ordinances. Possibly some of this land will be allowed less density as part of a package for the total landholding. 4-0. 4. The developer must provide a City park adequate to meet the General Plan's ' 3 acre per 1000' rule for neighborhood N. 3-1 (Mann No.) Com. Mann did not feel a City Park is necessary in this area because of the County park and does not feel it would get good usage. She feels the open space within the Diocese property should be private open space. She noted, economically, the City cannot develop or maintain a park. Ms. Wordell stated the Parks & Recreation Commission did recommend a City park on the property if developed. Com. Austin stated there are different activities at a City Park. 5. Ecologically sensitive areas must be avoided in any development plan. This means: staying away from the creekbed; . keeping as many trees as possible. The EIR may determine other sensitive areas, also those areas identified at previous hearings. 4-0. 6. The steeper a slope, the more it should be avoided. Slopes over 30� must not be developed. 4-0. � 7. Ridge lines should be avoided. Structures must not be built which will interrupt the ridge line as viewed from I-280 or Foothill Blvd. 4-0. 8. All structures should avoid strong view impacts. This means: keeping structures low; avoiding multi-story structures; using materials and colors that blend with the landscape; avoiding sheer walls of glass or other visible materials; avoiding steeply sloped roofs; stepping structures down hillsides; PLANNING COMMISSION MINIITES Regular Meeting of March 23, 1992 Page 7 minimize paved areas. 4-0. 9. Development should be sensitive to the Open Space Preserve. Some buffering should be provided between the Open Space property and developed areas. The view from the Open Space , property should be considered. 4-0. . 10. The provision of parking facilities at an access to the Open 5pace property is encouraged. 4-0. Ms. Ruth Schriber, County Planner, stated the neighborhood park, which is being proposed, would be more active and the parking requirements would be a concern. She requested a study of the traffic circulation before more housing is developed. Ms. Schriber noted the limit in parking spaces will control the amount of people using the park at any one time. She stated the County does have a plan to provide an additional 44 spaces. She noted the park serves people from many communities. il. A gated community is to be avoided. Public streets accessible to everyone are encouraged. Park facilities are to be publicly owned and available (in appearance and in fact) to � all Cupertino citizens. 4-0. Com. Mann stated the open space should be private open space and not open to the public because of liability issues. She also stated that people living on this property may not want people ' walking on their property. 12. Encourage large open space that have public utility, that are not developed, and can be donated to public agencies so they are available to everyone. 3-1 (Mann No) 13. Multi-family housing is encouraged provided. that adequate public transportation is available. 4-0. a. Ten percent of all the housing units should be affordable to moderate income persons, using the State definition of , affordable. 4-0. 14. Specific plans providing smaller, less expensive, houses are preferred over plans with larger homes. 4-0. Com. Mann requested additional items to be added: Development should be clustered; no fencing; no sidewalks; semi rural ambience; property in Southwest corner dedicated to open space district or development rights given to the City; allow multiple units with density to be determined; all property not built on would belong to the Homeowners and maintained as private open space. She stated the total number of units she recommends is 200. Com. Austin spoke in favor of the clustering. PLANNING COMMI88ION MINIITES Regular Meeting of March 23, 1992_ Page 8 Regarding roads and pathways, Chr. Fazekas stated he would encourage walkways of a rural type. The Commissioners went on to discuss density. Com. Mann presented her density plan for the Diocese property. She outlined the.four areas where development should occur for a total � of 200 units. This would consist of 107 multiple units and 93 single family homes. Com. Mackenzie stated that there should be more than 20 percent of development allowed on the f lat lands. Com. Austin stated as much of the property as possible should be preserved for open space. Chr. Fazekas proposed 290 single family homes with additional multiple family units. In response to Com. Austin's question, Mr. Viskovich stated the existing roads could handle development of 480 homes in the hillsides. Com. Mackenzie stated there is a need to limit the single family homes and the multi-family homes. The Commissioners discussed the total number of units to be developed on the Diocese property and decided to wait until Com. Mahoney was in attendance before making a decision. The public hearing was opened. Mr. Richard Schumacher, 11331 Bubb Rd., stated that the Commissioners should consider the value of open space to Cupertino, but urged the Commission to keep the number of units high so the current owners get fair value for the land. Mr. Steven Ha2e stated that the clustering concept could increase density. He stated the hillside ordinance which is proposed has 90� private open space and suggested that the developer be given density bonuses if they provide public open space. He asked if the Commission would address Inspiration Heights. He expressed concern about the public park, noting there would be spill over from people using the County park. Ms. Diane Morena Ikeda, FAIR, commended the Commission on their work on the Diocese property. She stated this is the opportunity to have both open space and housing. She stated that the seminary land is an excellent view point. Ms. Ann Anger stated she is in support of housing on the Diocese PLANNING COMMISSION MINIITES Regular Meeting of March 23, 1992 Page 9 property. She feels there is a lot of pressure put on the City of Cupertino regarding the County park. She stated there are over 1000 acres of open space at Stevens Creek Park and this should be considered when discussing open space. � Mr. John Sobrato, Sobrato Development, asked the Commissioners to focus on the following points before their next meeting: 1. The second connection at Stevens Creek Blvd. He stated there are problems when trying to cross the railroad lines on grade. The Commissioners should consider an emergency access only. 2. Consideration to have the ability to develop the Seminary property and continue development after two years. 3. Councilmember Goldman's plan was not a consensus of the Council. This discussion was continued to March 30th at 6 p.m. Mr. Bert Viskovich outlined the tier approach and explained the traffic issues associated with each tier. i Mr. Cowan stated Mr. Viskovich's presentation will be submitted to the Planning Commissioners in written form. Chr. Fazekas stated there will be an additional 1,775,000 s.f. � added to_the pool by using the tier approach. Com. Mann requested a list of other issues that would impact the traf f ic. MOTION: Com. Mackenzie moved to continue 1-GPA-90 to the meeting of March 30, 1992 at 6:00 p.m. SECOND: Com. Austin � VOTE: Passed 4-0 � ABSENT: Com. Mahoney ' NEW BIISINE88: 4. Appointment to Environmental Review Committee. This item was continued to March 30, 1992. 5. Consideration of forming a Zoning Ordinance Review Subcommittee and possible appointment of two Planning Commissioners. Com. Austin and Chr. Fazekas volunteered to be on the Zoning Ordinance Review Subcommittee. PLANNIN(� COMMISSION MINIITES Regular Meeting of March 23, 1992 Page 10 REPORT OF THE PLANNINCi COMMI88ION: - None REPORT OF DIRECTOR OF COMMIINITY DEVELOPMENT: - None DISCIISSION OF NEWSPAPER CLIPPIN(38: The Commissioners discussed an article submitted by Com. Austin regarding housing prices. ADJOIIRNMENT: The Planning Commission adjourned at 11:30 P.M. to the next Special Meeting of March 30, 1992 at 6:45 p.m. Respectfully submitted, r Catherine M. Robi ard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of , 1992 /s/ Daryl Fazekas Daryl Fazekas, Chairman Attest: /s/ Dorothy Cornelius Dorothy Cornelius, City Clerk