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PC 04-27-92 / �/�p C.�-� E� � /; 2�_ _ �� 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 - ✓ � �L`�'� � � �y " �`.� , , ; Da y F zek , halrman � Atte orot y Corne ius, Ci y C er