PC 04-27-92 / �/�p C.�-� E�
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CITY OF CUPERTINO, STATE OF CALIFORNIA
� 10300 Torre Avenue
Cupertino, CA. 95014
(408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON APRIL 27, 1992
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Fazekas
Vice Chairperson Mann
Commissioner Mackenzie
� Commissioner Mahoney
Commissioner Austin
Staff Present: Robert Cowan, Director of
Community Development
Ciddy Wordell, City Planner
Marilyn Norling, Housing Coordinator
Cheryl Kershner, Deputy City Attorney
APPROVAL OF MINU'PES:
MOTION: Com. Mackenzie moved to approve the minutes of April 13,
1992, as presented.
SECOND: Com. Austin
VOTE: Passed 5- o
MOTION: Com. Austin moved to approve the minutes of April 15,
1992, as presented.
SECOND: Com. Mann
ABSTAIN: Com. Mackenzie, Com. Mahoney
VOTE: Passed 3-0
POSTPONIIKENTS OR NEW AGENDA ITEMS:
- None
WRITTEN COMMUNICATIONS:
Stevens Creek Quarry
' ORAL COMMi7NICATIONS:
- None
I
' CONSENT CALENDAR:
- None
PLANNING COMMISSION MINUTES
Reqular Meetinq of April 27, 1992
P 2
PUBLIC HEARINGS:
1. Application No(s): 3-U-92 (Modified)
Applicant: Ron Lackey
Property Owner: Same
Project Location: 10021 South Blaney Avenue
USE PERMIT MODIFICATION to install roll-up windows in front
elevation of a produce store in an existing shopping center.
Staff Presentation: City Planner Wordell presented the staff
report. She noted issues were raised regarding the abandoned
vehicles on site as well as the trash. She stated the trash has
been removed and two abandoned vehicles have been removed to
another place on the property. She noted, this along with trash
and storage containers, will be pursued by Code Enforcement. She
noted the display structures rnust be of a finished quality. Ms.
Wordell noted a concern from neighbors regarding noise. She noted
there would be no del iveries between 8 p. rn. and 8 a. m. weekdays and
8 p.m. and 9 a.m. weekends.
AAAlicant Presentation: Mr. Ron Lackey stated one of the abandoned
vehicles has been removed and the other will be removed in the near
future .
Chr. Fazekas opened the public hearing.
Mr. Paul Goodley expressed concern about trash and noise and the
maintenance of trash. He requested that the maintenance of trash
be a condition in the Use Permit. He also expressed concern about
the noise of the roll-up windows proposed.
In response to Chr. Fazekas' question, Ms. Wordell stated the
proposal will fence off the back part of the property so there
would be no access to the rear. She noted the trash enclosures
will be placed as directed by staff. �
Chr. Fazekas recommended that the entire unfinished area be fenced
off and the two trash enclosures placed, subject to staff approval.
In response'to Commissioners concerns, Ms. Wordell stated that the
containers do not have permits and if the property owner wishes to
keep these he must seek approval or remove them. She noted the
applicant indicated he would like to keep one container and remove
the other, for which he needs ASAC approval.
Mr. Ron Lackey outlined the fence on the site plan map. He also
outlined the placement of the trash enclosures. He did not feel
that noise is an issue regarding the proposed roll-up windows. Mr.
Lackey noted the adjoining restaurant is in the process of
obtaining a permit for the container.
PLANNING COMMISSION MINUTES
Regular Meetinq of April 27, 1992
Page 3
Com. Mann suggested enclosing the trash containers. She stated the
roll-up windows are acceptable.
Com. Mackenzie suggested a compromise, 2 windows to be roll-up and
the other 3 to be fixed glass.
Chr. Fazekas stated that the roll-up windows are not the problem,
but parking and trash are.
City Planner Wordell stated that the previous staff report
indicates that parking is adequate.
Chr. Fazekas stated he would support the roll-up windows. He
stated he would like to see the dirt area fenced off until such a
tirne that it is paved. He stated the trash bins should be
relocated to a single enclosure with room for 3 bins and palette
storage.
Com. Mahoney concurred.
MOTION: Com. Austin moved to approve application 3-U-92 subject
to the findings and subconclusions of the hearing with
the following modifications: add to Cond. 6, "All trash
enclosures on the two contiguous sites be relocated to
paved areas and large enough to hold an adequate arnount
of bins and storage for pallets."; Cond 9, Disallow
parking on the dirt area and require fencing off the dirt
area.
SECOND: Com. Mahoney
VOTE: Passed 5-0
2. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC
HEARING to continue discussion of the General Plan
recommendations. Subject: Land Use, including Hillsides,
� Housing, Transportation, Public Services, Utilities,
i Environmental Resources, Public Health and Safety. '
� Com. Mann noted she had lunch with Mark Kroll and they discussed
many issues, including the possibility of the major companies
moving out of Cupertino.
Staff Presentation: City Planner Wordell outlined the process of
� the hearing. She noted the Planning Commission's recommendations
are preliminary and they will be reviewed when the EIR is cornpiete.
PARKS
Ms. Wordell addressed the Parks & Recreation Commission's
Recommendation regarding private parks versus public parks. She
stated it is the Parks & Recreation Commission's intent to lessen
the credit for private open space. She noted they prefer the
PLANNING COMMISSION MINUTES
Regular Meeting of April 27, 1992
Page 4
public open space. Ms. Wordell outlined the areas where new
residential development may occur.
Chr. Fazekas referred to a development project in San Jose which is
high density and the developer provided a two acre public park.
Com. Austin spoke in favor of the Parks & Recreation Commission's
recommendation.
Com. Mann feels there should be a mix of both public and private
open space.
Mr. Cowan explained the 50% credit to developers for providing
private open space.
Com. Mackenzie suggested deleting the first sentence in (b).
Mr. Cowan noted that the General Plan has specific policies for all
the City and the issues being discussed relate to new residential
areas.
After discussion there was a majority vvte on the following Parks
& Recreation Commission's recommendations:
L. New residential development in non-residential areas shall
provide park and recreational space and facilities based on
the following considerations:
1. The need for dedication of public park land and the
provision of private recreational space and facilities
shall be determined when a master plan is submitted for
the development, based on the following criteria:
a. Where feasible, public park space should be provided as
opposed to private. Active park areas are encouraged
which will serve the community need. Passive areas are �
acceptable, when appropriate to an urban setting.
Features could include paths, benches, water features,
picnic tables, public art, trees and gardens. They
should be oriented toward the street or an activity area
where it is easily accessible to the public. Passive
areas deemed inaccessible or unlikely to be used by the �
public should not be credited toward park dedication.
Providinq public trail connections may be partial
credit� toward park dedication.
b. New residential developments should be encouraqed to
blend their recreational facilities into the community at
large.
PLANNING COMMISSION MINUTES
Regular Meeting of April 27, 1992
Page 5
c. Park fees should be collected based on a formula which
considers the extent to which the public and/or private
park space and facilities meet the park need.
HOUSING
Mr. Cowan addressed the Housing Policies. He stated the Commission
is not ready to make a decision on who should supply the housing
units. He noted Policy IV will be addressed when they receive a
report from the Affordable Housing Committee. He suggested that
the Comrnissioners address the major policy statements at this tirne.
Com. Austin stated she did not support the 1.48 ratio and expressed
concern about the 3o percent mitigation.
� Com. Fazekas stated if they are less restrictive and require the 15
percent mitigation the ratio would be lower.
' Com. Mackenzie stated the housing is less intrusive than the office
space.
The Cornmissioners went through the policies.
Com. Mackenzie suggested a rewording on Policy 2 under Density to
read: "Allow approximately 1,000 additional units if they are
necessary to help maintain the desired jobs/housing ratio and
traffic level of service." This was acceptable to the other
Commissioners.
III AFFORDABILITY
Ms. Marilyn Norling, Housing Coordinator, outlined the policies in
this section. There were no changes.
V. FINANCING
Ms. Norling outlined the policies.
� Com. Mackenzie questioned Policy 4, Ms. Norling stated this has to
, be investigated.
Com. Mann noted she attended a Employer Assisted Housing meeting
( and reiterated ways in which the employer assisted housing could
help financing. She noted the School District, which includes De
Anza College and the High School District, should be included in
this discussion. Corn. Mann noted this needs to be addressed more.
She suggested a policy 6 to include employer assisted housing.
Com. Austin expressed concern that the School District will not be
able to handle the increased housing or supply the housing needed.
PLANNING COMMISSION MINUTES
Regular Meeting of April 27, 1992
Page 6
VI. COMMUNITY EDUCATION AND HOUSING ADVOCACY
Ms. Norling outlined the policies and no changes were made.
LAND USE
City Planner Wordell outlined the additional new language regarding
height, as requested by the Commissioners at a previous hearing.
A copy of which was submitted to the Commissioners.
Com. Mackenzie expressed concern about (c) and requested this be
reworded to be clarified.
Ms. Wordell stated staff will work on this.
The Comrnissioners requested that the measurement frorn the average
curb height be included in the language. Ms. Wordell stated staff
will work on this.
Mr. Cowan addressed policy 2-2: Urban Focal Points. He noted he
would like clarification if this policy is acceptable.
The policy reads as follows:
Intensify the focus of urban development in Vallco Park, North De
Anza Boulevard, Town Center planning areas, and the Crossroad
corners, subject to design and transportation network controls.
Intensification should not result in Level of Service (LOS) lower
than D except for the intersection of De Anza and Stevens Creek
Boulevards where LOS E is permitted to implement the Heart of the
City concept. 3-2 (Mackenzie, Mann No)
HILLSIDES
Acceptable to the Commissioners.
TRANSPORTATION
Acceptable to the Commissioners.
ENVIRONMENTAL RESOURCES
MINERAL RESOURCES
Com. Austin asked if the Commission should address the letter from
Stevens Creek Quarry, now that all the Commissioners are in
attendance.
Ms. Wordell stated that the State has a requirement as far as
Mineral Resources and the General Plan should reflect this. She
stated the two State designated areas are in the County. She
PLANNING COMMISSION MINUTES
Regu�ar Meetin� of April 27, 1992
Page 7
stated that Stevens Creek Quarry are concerned that the City is not �
followinq State guidelines. She noted that Stevens Creek Quarry
personnel would like to meet with the City to discuss their
concerns. -
Mr. Cowan stated the City's General Plan is not in support of
expanding the quarry and this is the concern. He noted the Policy
is consistent with the City policy, which has been in effect for
the last 10 years.
There was a consensus of the Planning Commission to ieave the
Mineral Resources policy as is.
PUBLIC SERVICES AND UTILITIES
�
Acceptable to the Commissioners.
1 The public hearing was opened.
Ms. Ann Anger, Monta Vista Improvements Association, expressed
concern about the blight in Cupertino. She feels this has been
ignored in the discussions.
Mr. John Hailey, Tandem Computer, thanked the Planning Commission
for a job well done.
( Chr. Fazekas thanked the members of the public who have been
involved in this process.
Ms. Bees Jones, expressed concern about the language in several
policies. She addressed policy 5-23 of the Opens Space Resources.
She stated the language is vague and is unfair to landowners. She
stated the enclosed map from the County General Plan is under
revision. She addressed Policy 5-24, noting that insurance rates
( and liability on public property are concerns. She also noted that
� maintenance of parks is high. Regarding Hillsides, Page 4, she �
asked how trail linkages will be provided through private property.
� She stated the language is vague and unfair. She stated the
portion regarding trail linkages through private property should be
deleted.
In response to Chr. Fazekas' question, Mr. Cowan stated most of
N these policies refer to outside the Urban Service Area. He noted
trails rnay be required in new developrnent.
Ms. Jones stated this should be clarified in the General Plan.
Fr. Eugene Boyle, Diocese of San Jose, thanked the Commission for
all their work during this process.
The Commissioners thanked staff for a job well done.
PLANNING COMMISSION MINUTES
Regular Meeting of April 27, 1992
Page 8
NEW BUSINESS:
- None
REPORT OF THE COMMISSION:
Com. Mann and Ms. Wordell reported on the Employer Housinq
Assistant meeting they attended.
REPORT OF DIRECTOR OF COMMUNITY DEVELOP1�sENT:
Mr. Cowan stated the Zoning Subcommittee will meet on Wednesday
evening and they hope to finish the Codified Zoning Ordinance.
They hope to start public hearings in May/June.
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
i
ADJOURNMENT: Having concluded business, the Planning Commission
adjourned at 8:40 P.M. to the next Regular Meeting
of May 11, 1992 at 6:45 p.m. i
Respectfully submitted,
1�n . (�.J�J� d..r
Catherine M. Ro i ard,
Recording Secretary �
Approved by the Planning Commission
at the Regular Meeting qf May 11, 1992
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