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PC 08-10-92 ) I ��- .. �� ��r� l�-�' 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 AUGUST 10, 1992 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mackenzie Commissioner Mahoney Cammissioner Austin Staff Present: Robert Cowan, Director of Community Development Carmen Lynaugh, Senior Engineer POSTPONEMENTS OR NEW AGENDA ITEMS: 1. AAOlication 5-U-92: Applicant requests continuance to the meeting of August 24, 1992. 3. A�plication 4-V-92: Continued to the Planning Commission meeting of September 14, 1992. 4. AAplication 5-U-90 (Modified): Continued to the Planning Commission meeting of August 24, 1992. 5. ApAlication 3-TM-92: Continued to the Planning Commission Meeting of August 24, 1992. MOTION: Com. Mahoney moved to approve the postponements as listed above. SECOND: Com. Austin VOTE: Passed 5-0 � WRITTEN COMIKUNICATIONS: Letter regarding the Forum ORAL COMMUNICATIONS: Mr. Floyd Meyers addressed the Planning Commission expressing concern regarding a large nuclear bomb buried under Kuwait. CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of August 10, 1992 Page 2 PUBLIC HEARINGS: 2. Application No(s): 10-EA-92 Applicant: City of Cupertino Location: Citywide FIVE YEAR CAPITAL IMPROVEMENT PROGRAM: Request for environrnental assessment and finding of consistency with the City of Cupertino General Plan. Staff Presentation: Planning Director Cowan introduced Carmen Lynaugh, Senior Engineer. Mr. Cowan presented the staff report. He noted the programs are a continuation of last year's programs. He noted there is an on-going fund for minor street improvements. Mr. Cowan noted, because of the budget, the Capital Improvements Plan has decreased from previous years. He stated staff recommends that the Planning Comrnission recommend granting a Negative Declaration and adopt the resolution with the finding that the Capital Improvements Plan is consistent with the General Plan. Ms. Lynaugh reviewed the chart which explained the programs scheduled for the next few years. She noted there are only seven projects this year. � In response to Com. Mahoney's question, Mr. Cowan stated money has been set aside for Civic Center extension. MOTION: Com. Mackenzie moved to recommend granting a Negative Declaration SECOND: Com. Austin VOTE: Passed 5-0 MOTION: Com. Mackenzie moved to find that the Capital Improvements Plan is in conformance with the General Plan subject to the findings and subconclusions of the hearing. • SECOND: Com. Mann VOTE: Passed 5-0 6. Application No(s): 11-E-92 & 81,130 Applicant: City of Cupertino Property Owner: Same Project Location City Wide Amendment to Ordinance 802 Establishing Procedures Regulating Adult-Oriented Commercial Activities and creating an Ordinance Establishing Procedures Regulating Massage Establishments and Services. PLANNING COMMISSION MINUTES Regular Meetinq of August 10, 1992 Page 3 Staff Presentation: Planning Director Cowan presented the staff report and outlined the proposed changes. He noted the key point of the new ordinance is to set up a licensing procedure for Professional Massage Therapists. The new ordinance allows for qualified massage therapists to work without a Use Permit. The arnendrnent to Ordinance 802 rnore precisely defines a massage parlor and a massage. The public hearing was opened. Mr. Michael Murphy, Massage Therapist, Palo Alto, noted he has given input to both Palo Alto and Sunnyvale regarding Massage Ordinances. He noted he supports the idea of a separate category for professional rnassage therapists. He noted there is no State license for this field. In response to Com. Mann's concerns regarding licensing, Mr. Murphy stated in the terms of the Ordinance the individual practitioner would have to demonstrate educational and professional background to the City. Mr. Cowan stated the primary purpose of the licensing is to look at the character of the individual. The public hearing was closed. No comments on the Health and Safety Ordinance. The consensus of the Planning Commission was to support it. MOTION: Com. Austin moved to recommend granting a Negative Declaration SECOND: Com. Mackenzie VOTE: Passed 5-0 MOTION: Com. Austin moved to approve the amendment to Ordinance 802 subject to the findings and subconclusions of the . hearing. SECOND: Com. Mackenzie VOTE: Passed �-� 7. Application No(s): 14-EA-92 & 81,129 Applicant: City of Cupertino Property Owner: Same Project Location: City Wide Amendment to the Zoning Ordinance to create an Open Space Zoning District. Staff Presentation: Planning Director Cowan presented the staff report. He noted the amendment will establish regulations on properties that were set aside for natural open space. He noted PLANNING COMMISSION MINUTES Reqular Meeting of August 10, 1992 Page 4 the Ordinance will codify the policy adopted by the Planning Commission. He stated the Ordinance allows the property owner to voluntarily put property into the private open space category. The City can also impose this in conjunction with a development. Mr. Cowan outlined the permitted uses as well as the conditional uses of the Ordinance as written in the staff report. Com. Mann stated she would be abstaining from this item as she lives in one of the areas involved. In response to Chr. Fazekas' question, Mr. Cowan stated the Ordinance was generated frorn problerns which occurred at Voss Pond. He noted this Ordinance is to make it clear to future developers that there are open space areas. The public hearing was opened. The public hearing was closed. MOTION: Com. Austin moved to recommend granting a Negative Declaration SECOND: Com. Mahoney VOTE: Passed 5-0 MOTION: Com. Austin moved to approve application 14-EA-92 and 81,128 subject to the findings and subconclusions of the hearing. SECOND: Com. Mahoney VOTE: Passed 5-0 8. APPLICATION 3-GPA�90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the General Plan. SUBJECT: Free-standing takeout restaurant policy, housing. Staff Presentation: Planning Director Cowan presented the staff report. He noted the wording of Policy 2-52 allows the Planning Commission and Council to make a choice. He suggested looking at • this policy after studying the area plan for the City. Mr. Cowan noted that some areas rnay be appropriate for free-standing operations and other areas may not be. The public hearing was opened. The public hearing was closed. Com. Mackenzie stated this policy is not clear and he would be in support of deleting it or modifying it. He noted that this policy takes discussion away frorn the more important issues. Com. Austin stated that the City should actively discourage free- standing restaurants. She stated these restaurants cater to the motoring public and the City should be trying to get away from this. PLANNING COMMISSION MINUTES Regular Meeting of August 10, 1992 Page 5 Chr. Fazekas feels that this policy was written when free-standinq restaurants were not aesthetically pleasing. He feels this policy gets in the way of the more important issues. He noted he would like to see the policy deleted or modified. Com. Mahoney spoke in favor of deleting or modifying the policy. He noted it should be dealt with on a case by case basis. Com. Mann spoke in support of modifying the policy. She stated restaurants should be judged on their own merits. She also suggested looking at areas in the City where free-standing restaurants may be appropriate. Com. Mackenzie stated free-standing restaurants make Cupertino a convenient City to live in and for that reason he would like to see the policy removed. Chr. Fazekas stated free-standing restaurants on transit corridors would cater to commuters. He concurred with Com. Mann that some areas may be appropriate for such a restaurant, but cannot discriminate against which type. Mr. Cowan stated that the proposed new area plans and the design guidelines would provide protection. MOTION: Com. Mackenzie moved to recommend deleting Policy 2-52 in its entirety with the finding that other policies provide adequate regulations for such applications and there is no need for a specific policy. SECOND: Com. Mann VOTE: Passed 4-1 NOES: Com. Austin MOTION: Com. Mann moved to continue General Plan discussions to the meeting of August 24, 1992 SECOND: Com. Austin ' VOTE: Passed 5-0 NEW BUSINESS: 9. Request to consider retention of service stations I Staff Presentation: Planning Director Cowan noted citizens did request that the Planning Commission create a policy to preserve existing service stations within the City. He noted staff does not recommend this policy as it is a private sector issue. He pointed out that because of a policy freezing the square footage on retail sites, very little retail square footage could be built on a gas station site because of the low FAR. He noted this could be an incentive to retain the existing use or build residential. PLANNING COMMISSION MINUTES Regular Meeting of August 10, 1992 Page 6 Com. Mann noted there is a concern that people have to travel several miles to get to a gas station. In response to Com. Mann's question, Mr. Cowan noted he is not aware of any similar policies in other cities. In response to Chr. Fazekas' question, Mr. Cowan stated sites could be zoned for gas stations. The public hearing was opened. The public hearing was closed. Com. Mackenzie stated that gas stations are coming down and office buildings going up. He stated gas stations make a City convenient to live in. He spoke in support of a policy to actively retain service stations, where appropriate. Com. Mann spoke in support of discouraging the conversion of gas stations to other uses. Com. Austin spoke in support of staff recommendation. She noted if it is not economically feasible for a gas station to remain open, it should not have to. Com. Mann stated if the property owner of a gas station wishes to convert, it should be in the best interest of the general public. Mr. Cowan noted that staff could follow up on recommendation 3 to do more research if the Planning Commission would like more information. Com. Mahoney stated a policy should not be created at this time. Chr. Fazekas recommended no action at this time. He did express concern regarding tax roles and asked staff to look into this. Com. Mann and Com. Mackenzie spoke in favor of actively discouraging the conversion of gas stations to other uses. Chr. Fazekas, Com. Mahoney and Com. Austin did not recommend any action at this time. REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIREC'i'OR OF COI�IIKiJNITY DEVELOP1�iT : - None PLANNING COMMISSION MINUTES Regular Meeting of August 10, 1992 Page 7 DISCUSSION OF NEWSPAPER CLIPPINGS: The Commissioners discussed the newspaper clipping regarding Kaiser's proposal for a hospital on the Marchese site in the City of Santa Clara. ADJOURNMENT: The Planning Commission adjourned at 8:10 P.M. to the next Regular Meeting of August 24, 1992 at 6:45 p.m. Respectfully submitted, �'���� �l � ����� Catherine M. Robillard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of August 24, 1992 /s/ Daryl Fazekas Daryl Fazekas, Chairman Attest: /s/ Doroth Cornelius Dorot y Cornelius, City C erk (