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PC 06-22-92 :��.i'i OF CJPERTIN�, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JUNE 22, 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 Colin Jung, Associate Planner ' Cheryl Kershner, Deputy City Attorney APPROVAL OF MINiITES: MOTION: Com. Mahoney moved to approve the Minutes of June 8, 1992, as presented SECOND: Com. Austin VOTE: Passed 4-0-1 ABSTAIN Com. Mackenzie WRITTEN COMMUNICATIONS: Letter regarding General Plan POSTPONEMENTS OR NEW AGENDA ITEMS: Item l: Application 5-U-90 (Modifiedl: Continued to the Planninq � Commission Meeting of July 13, 1992. � MOTION: Com. Mann moved to continue application 5-U-90 (Modified) � to the meeting of July 13, 1992 and to hear item two after item 3. i SECOND: Com. Austin VOTE: Passed 5-0 � ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: PLANNING COMMISSION MINUTES Reqular Meetinq of June 22, 1992 Paqe 2 3. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: SUBJECTS: Land Use Designation from Neighborhood Commercial to Residential 4.4 - 12 D.U./Gr. Ac. on Parcel 326-25-032, located at Stevens Creek Boulevard and Peninsula Avenue; includinq Minor Clarifications of Preliminary Planninq Commission recommendations, and implementation measures. Staff Presentation: Ms. Ciddy Wordell presented the staff report. She noted there is a request to discuss Mineral Resources at a later date. She noted the five items scheduled for discussion, as outlined in the staff report. A. Monta Vista Area - Change in designation from Neighborhood Commercial to Residential 4.4-12 D.U./Gr.Ac. City Planner Wordell outlined the property in question as well as � the surrounding uses on the land use map. She noted the current designation is Neighborhood Commercial and the proposed General Plan designation is Residential 4.4-12 D.U./Gr.Ac. Ms. Wordell outlined the different residential ranges possible for this site. Ms. Wordell also presented a chart which demonstrates possible unit configuration. She noted staff recommends the Planning Commission adopt the change to the subject property from Neighborhood Commercial to Residential 4.4 to 12 D.U/Gr. Ac. designation. In response to Com. Austin's question regarding access, Chr. Fazekas stated access would be off Peninsula Avenue. The public hearing was opened. Applicant Presentation: Mr. Dan Clemetson requested a clarification regarding the zoning designation for this property. He feels housing would be appropriate for this site. Chr. Fazekas stated the City is looking for affordable housing and , this site would be appropriate. Ms. Ann Anger, President, Monte Vista Improvement Association, stated this site should not be zoned commercial and if developed it should be townhomes. She stated the railroad line goes though other residential areas and this should not be a major concern. Chr. Fazekas closed the public hearing. In response to Com. Mackenzie's question, Ms. Wordell stated the size of the lot is less than an acre, she also noted they are working with the existing right-of-way. Ms. Ann Anger stated there was 15 ft. obtained from the railroad for Peninsula Avenue and this should not be reduced. PLANNING COMMISSION MINUTES Regular Meeting of June 22, 1992 Paqe 3 Com. Mann stated this site is extremely narrow and creative architecture will be necessary. In response to Chr. Fazekas' question, Mr. Cowan noted a sound wall would be an option for this site. i Com. Mahoney suqgested the 4.4 to 7.7 D.U./Gr.Ac. Com. Mackenzie concurred with Com. Mahoney, noting there is a limit as to what can go on the site. He stated it should be attached housing. Com. Austin noted she supports staff's recommendation, noting this is an opportunity to obtain affordable housing. � City Planner Wordell explained density bonus for affordable housing. � Chr. Fazekas stated he would support staff recommendation. � Com. Mann stated that the Commission should keep in mind that there i will be problems when it comes to developing this site with regards � to the zoning designation. She noted s.he would support staff , recommendation. MOTION: Com. Austin moved to change the subject property from i Neighborhood Commercial to Residential 4.4 to 12 D.U./Gr. Ac. SECOND: Chr. Fazekas VOTE: Failed 2-3 NOES: Com. Mahoney, Com. Mann, Com. Mackenzie - MOTION: Com. Mahoney moved to change the subject property from Neighborhood Commercial to Residential 4.4 to 7.� � D.U./Gr. Ac. SECOND: Com. Mackenzie I VOTE: Passed 3-2 ( NOES: Chr. Fazekas, Com. Austin � B. Mineral Resources ( Staff Presentation: City Planner Wordell reiterated cornments frorn the staff report. She reviewed the State's requirements and noted the arnendments to the General Plan policies previously adopted by the Planning Commission, as outlined in the staff report. Ms. Wordell outlined the areas where mineral extraction occurs and areas depleted or potential for residential development. She noted the Planning Cornmission has the option, legally, to request that new areas not be opened up for excavation, particularly within the City limits. She stated the State's poiicies.are in place to encourage the City to support the extraction. Ms. Wordell noted PLANNING COMMZSSION MINUTES Reqular Meeting of June 22, 1992 Page 4 this item should not be finalized at this hearing and continued so Stevens Creek Quarry can review the amendments and make comments. Ms. Wordell outlined the resource areas and the surrounding areas on the Land Use Map. The public hearing was opened. Ms. Beth Hamilton, representing Kaiser Cement, addressed her letter to the Planning Commission. She requested that this be continued to a later date until Mr. O'Donnel can address the Planning Commission. She noted some of the language used in the General Plan policies is unclear and needs to be clarified. She noted Kaiser would like to see the mineral resource policies of the City recognize the importance of the resources and not limit them. In response to Chr. Fazekas' request, Ms. Hamilton reviewed the points ' made in her letter addressed to the Planning Commission dated June 22, 1992. Ms. Hamilton reiterated SMARA requirements. Chr. Fazekas asked if area A was developed for extraction and the area east of this left as open space or large lot home development, would this be acceptable? Ms. Hamilton stated the request is reasonable. She noted her interpretations of the law is that the City can allow residential development, after taking certain procedural steps. Com. Austin stated this hillside designation would apply if the Quarry is mined out. She feels this is not inconsistent as noted by Ms. Hamilton in her letter. Com. Austin addressed the noise and traffic problem, noting the City has limitations on the trucks . travelling within the City limits. Ms. Hamilton noted the language of the policies is confusing and needs to be clarified. � City Planner Wordell stated if someone wants to add a new area for mineral extraction, another area would be depleted or retired, to keep the balance regarding noise and traffic. She noted these policies need to be clarified and Kaiser and Stevens Creek Quarry personnel would like to give input. i Ms. Hamilton stated the concern is about Kaiser Permanente and the impact the policies would have. She noted the City is presently required to recognize areas of mineral resources within their jurisdictions and have policies to address these areas. She noted the area is included in the sphere of influence and Kaiser would like the opportunity to work with the City before July 13th to work out language. Chr. Fazekas closed the public hearing. PLANNING COI�IIKISSION MINUTES Reqular Meeting of June 22, 1992 Page 5 Com. Mann stated that Cupertino can only regulate noise as it affects the City. She expressed concern about regulating noise within the City limits if it can not be requlated outside the City limits. Ms. Wordell stated the policy that relates to the City lands could be implemented into the Use Permit. Chr. Fazekas requested information of the property holdings of Kaiser and Stevens Creek Quarry. Com. Mann would like clarification of the legal entities of the Kaiser quarry. c. Implementation Staff Presentation: City Planner Wordell stated the Implernentation Section will be used to judge the progress of the General Plan. Ms. Wordell. presented a chart outlining the Implementation Programs comparing and combining the existing and new General Plan Policies. She went on to outline the high priorities which have been identified, as outlined in the staff report. ' She suggested, under 1993 Land Use, amending the RHS ordinance to protect the hillsides. She noted staff also requested the Planning Commission consider wording to create an open space land use designation. The was no objection to create an open space land use designation, but Com. Mackenzie requested it be further down the list. Ms. Wordell stated the wording for a"Convention Center" needs to be clarified. � There was a consensus of the Commission to keep a Conference Facility if it is part of the hotel. Mr. Cowan stated the Open Space Zoning ordinance is direction from the City Council. Chr. Fazekas spoke in favor of the priority list as presented in � the staff report. Mr. Cowan noted there are new laws which require that the General Plan be more action oriented and the Implementation Section will be a useful tool for an annual review. He noted there will be an EIR with the General Plan with its own monitoring plan and most of the policies will be rnaintained in the Irnplementation Plan. Mr. Cowan also noted there will also be consistencies with the Capital Improvements Plan. � PLANNING COMMISSION MINUTES Regular Meeting of June 22, 1992 Pag 6 D. Additional Parks and Recreation Commission Recommendations. Staff Presentation: City Pianner Wordell reviewed the policies recommended to be added to the General Plan by the Parks & Recreation Cornmission, as outlined in the staff report. She noted the Parks & Recreation Commission would like to have this policy to be pursued in the future. Mr. Cowan noted that unprogrammed items are the wish list and there is no funding to implement these programs at this time. There was a consensus of the Planning Commission to add the policy as recommended by the Parks & Recreation Commission. E. Additional Information on Hazardous Waste Sites. Staff Presentation: City Planner Wordell reviewed locations of hazardous waste in Cupertino, as outlined in the staff report. She noted there is a Superfund site in Cupertino and groundwater cleanup is currently underway. She reviewed the policies which staff recommend be added to the General Plan, as outlined in the staff report. The public hearing was opened for iterns C, D& E. Chr. Fazekas closed the public hearing. There was a consensus to add the policies to the General Plan as recommended by staff. The Commissioners discussed a rneeting date to discuss the . Affordable Housing issues. Com. Mann noted she could not attend the meeting of July 2nd. It was a consensus of the Planning Commission to discuss the affordable housinq at the next regular Planning Commission meeting. 2. Application No(s): 41-U-83 (Revised and 42-EA-83) Applicant: Wayne Johnson Property Owner: McDonald's Corporation Project Location: 10990 N. Stelling USE PERMIT revision to allow a play yard and outdoor seating. Staff Presentation: Associate Planner Jung presented the staff report. He noted this is a revision to the Use Permit to allow an outdoor play yard and seating to existing take-out restaurant. He stated the use is consistent with the General Plan and the zoning of the property. He noted staff is concerned about traffic, parking and the outward appearance. PLANNING C�MMISSION MINUTES Regular Meeting of June 22, 1992 Page 7 Mr. .Tung stated that the play yard will not have a significant impact on the existing parking. He noted the play structure will not replace any on-site parking stalls, but will reduce four standard to four compact. He stated, based on a Land Use Survey, parkinq does not meet City requirements, but has received no � reports regardinq parking problems. He noted there is no intent to increase the number of seats. Mr. Jung noted staff's major concern is the outward appearance of the play yard. Mr. Jung presented a drawing. He noted this has been reviewed by ASAC and they support the play yard with the restaurant with the following sugqestions: a solid fencing to match the building; the highest portion of the play structure should be closest to the building; no visible signage on the play 4 structure; reduce the size of the play yard to allow for landscaping between the wall and the pedestrian area. He noted staff is recommending approval subject to ASAC approval. In response to Com. Mann's question, Mr. Jung stated the play yard will have no impact on the handicap parking. In response to Com. Mackenzie's question, Mr. Jung stated ASAC i recommended a lower height. Mr. Jung presented a drawing of the original submittal to the Planning Commission which is lower in height. Mr. Cowan expressed concern about a solid fence with regards to security. Anplicant Presentation: Ms. Carol Mesitti, representing the appl icant , stated Mr . Johnson wi 11 go with a di f f erent f ence as suggested by staff. She noted the size of the structure is based on the unit chosen and is similar to the one in Santa Clara. r Com. Mackenzie suggested that the seating be limited and be specific in the Use Permit. He recommended the fence as shown in the original proposal. He suggested the height and colors be reviewed by ASAC. Com. Austin spoke in support of the wrought iron fence proposed and has no objections to the signage. I Com. Mann recommended the unit be lower. She was not in support of a solid fence, but would support the fence shown on the original proposal. She stated she is not in support of the Iandscaping as suggested by ASAC. Com. Mann stated signs is acceptable, but should not face the street. She recommended ASAC review colors. MOTION: Com. Mackenzie moved to recommend a Negative Declaration. SECOND: Com. Austin VOTE: Passed 5-0 PLANNING COI�QrIISSION MINUTES Reqular Meeting of June 22, 1992 Page 8 Com. Mahoney stated the height of the structure should be lower; no solid wail fence; not in favor of the colors proposed; no signage. Com. Fazekas spoke in support of the wrought iron fence as shown, and feels this is rnore secure. He stated the height shouid be reduced and no signage visible from the street. He spoke in support of earth-tone colors and no landscaping as proposed by ASAC. Com. Austin spoke in favor of the fence proposed. She noted the height of the structure is the same height as the building, but would have no objection to a reduction in height. She stated colors should be reviewed by ASAC and would support the majority of the Commission regarding the signage. MOTION: Com. Mackenzie moved to recommend approval of application 41-U-83 (Revised) subject to the findings and subconclusions of the hearing with the followinq modifications: Cond. 4 staff should approve the plans; Cond. 7 seating is limited to 110 seats including both indoor and outdoor; Cond. 8 final design to be reviewed by ASAC with direction to avoid signs visible from the street and to reduce the overall height as it appears from the street. SECOND: Com. Austin VOTE: Passed 5-0 4. APPLICATION 81�043 - ZONING CODIFICATION: Public Hearing to consider a program to reformat and consolidate all Zoning Ordinances into the Municipal Code. The program will include a proposal to modify procedures for review of development proposals, including a determination of the final review authority for various types of development applications and the appeal process. The consolidation of codification effort will include minor amendments of several ordinances and a complete redraft of the legal non-conforming use ordinance. Staff Presentation: Planning Director Cowan noted staff went through the ordinances to find inconsistencies and these have been incorporated into the Zoning Codification. Mr. Cowan reviewed the authorized modifications administered by the Community Development Department as outlined in the staff report. Regarding #2, Com. Mackenzie suggested that the Director of Community Development may require a conference. The Commissioners discussed the privacy issues relating to this item and it was a consensus of the Planning Commission to leave ;�2 as written by staff. Regarding #5 Com. Mackenzie suggested documenting Multi-family. PLANNING COMMISSION �INUTES Regular Meeting of June 22, 1992 Paqe 9 The Commissioners discussed the changes and amendments will be incorporated into the Ordinances. The public hearing was opened. I Chr. Fazekas closed the public hearing. MOTION: Com. Mackenzie moved to recommend adoption of the Codified Zoning Ordinances with the changes as outlined by staff . SECOND: Com. Mahoney VOTE: Passed � 5-0 Com. Mann noted section 19.09.060 regarding fencing needs to be ' revised. � NEf�T BUSINESS : - None 1 REPORT OF THE PLP,NNING COI►lMISSION: ! � Com. Mackenzie addressed tenants marking parking spaces in a shared ( parking center. He noted the shopping center on Bollinger Avenue has parking problems at certain times of the day and some shop owners have marked off spaces for their tenants only. He stated the Planning Commission needs to be made aware of this as the parking requirements will be increased if spaces are to be marked. He noted there should be a condition addressing this issue. Mr. Cowan noted staff will look into this matter as parking spaces can not be marked if there is an agreement for shared parking. He stated he will report back to the Planning Commission. Chr. Fazekas stated there should be an ordinance to prevent this. I I REPORT OF DIRECI'OR OF CO1�ll�iiJNITY DEVELOPPiENT : Mr. Cowan noted that item 4 needs to have a motion for a Neqative Declaration. MOTION: Com. Mackenzie moved to recommend a Negative Declaration � for item 4. SECOND: Com. Mahoney VOTE: Passed 5-0 Mr. Cowan noted because of budget cuts, this is the last evening they will have legal counsel at the Pianning Commission meetings. DISCUSSION OF NEWSPAPER CLIPPINGS: - None PLANNING COMMISSION MINUTES Regular Meeting of June 22, 1992 Page 10 ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9:25 P.M. to the next Regular Meeting of July 13, 1992 at 6:45 p.m. Respectfully submitted, c�:--�--e,�_� �.� . � � Catherine M. Ro i lar , Recording Secretary Approved by the Planning Commission � at the Regular Meeting of July 13, 1992 � , , ' ', ; , i � � /s/ Daryl Fazekas ;i;,�;�;� , `�'' . � Daryl Fazekas, C ai'rman � � Attest: � � Doro y Corne us, City C erk