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PC 09-28-92 t � CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MIN[J�PES OF THE REGUI�AR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEI�SBER 28 , 1992 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Fazekas Vice Chairperson Mann ' Commissioner Mackenzie Commissioner Mahoney Commissioner Austin Commissioner Mackenzie arrived at 7:05 p.m. Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Michele Bjurman, Planner II Glenn Grigg, Traffic Engineer APPROVAL OF 1�INU'PES : ' MOTION: Com. Austin moved to approve the minutes of September 14, � 1992, as presented ' SECOND: Com. Mann VOTE: Passed 4-0 ABSENT: Com. Mackenzie POSTPONEl�NTS OR NEW AGENDA ITEI�S : - None WRITTEN COMMIJNICATIONS: Severin Family regarding Inspiration Heights Councilmember Sazbo regarding Foothills David Harley regarding item 1 on the agenda ORAL COIYIIKUNICATIONS : - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of September 28, 1992 Page 2 PUBLIC HEARINGS: 1. Application No(s): 5-U-90 (Modified) Application: Taco Bell Property Owner: Matthew and Chris LaMonico Project Location: 10710 S. De Anza Blvd. MODIFICATION to operate a restaurant 24 hours a day. Staff Presentation: Planner Bjurman presented the staff report noting the request is for a modification to an existing Use Permit to operate 24 hours. She noted staff's primary concern is disturbance to the surrounding neighborhoods. Ms. Bjurman reviewed the Hold Harmless agreement noting that this condition has been met. In response to Com. Mann's question regarding the clean-up, Ms. Bjurman stated when the hold harmless agreement is recorded the clean up operation will begin. In response to Com. Mahoney's question, Ms. Bjurman stated she is not aware of any complaints from neighbors regarding the 24 hour operation. Chr. Fazekas opened the public hearing. �oplicant Presentation: Mr. Jim Cherry, Chairman, Taco Bell, introduced witnesses involved in this project. He noted Taco Bell has made an effort to be a good neighbor and noted 24 hour service is needed and appreciated in the community. Mr. Larry Distro, Northwest Zone Vice President, stated part of a consumer franchise is to provide convenience to the community. Mr. Distro outlined the economic reasons to operate the restaurant 24 hours. He stated they are supplying more jobs and would like the support of the Planning Commission. In response to Com. Mann's question, Mr. Distro stated they have less than 100 customers from 11 p.m. to 7 a.m. and he explained the three layers of rnanagernent. Mr. Bruce Branch, General Manager, explained the training employees receive to deal with unwelcome customers. He noted Taco Bell is involved in many community affairs. He stated many people are in need of a 24 hour service and noted there are other entities within Cupertino operating 24 hours. Planner Bjurman noted the incidents outlined in the staff report are over a four month period. Mr. Joe Misiti, DeForest & Company, addressed the zoning PLANNING CO1rIIKISSION MINUTES Regular Meeting of September 28, 1992 Page 3 compatibility issue. He stated the existing 24 hour operation does not deter possible development of the existing vacant lot. Mr. Misiti presented letters from four developers who agree that the 24 hour service would not deter development. Mr. John Perkel stated they will be installing a closed circuit television security systern as well as installing a silent alarrn. Com. Mackenzie apologized for arriving late. He stated that the managerial attitudes are important for dealing with unwanted customers. Mr. Perkel noted that all employees will have formal training and the Sheriff's Department did review and approve the training program. He stated training is conveyed through the General Manager. Mr. Branch stated employees start training the first day of employment and training is continued throughout their employment. He stated each and every employee is trained as well as having to take written tests. Mr. John Su, Regional Manager, stated they play classical music at this Taco Bell and feels this is effective as to the type of customers they attract. He stated the object of Taco Bell is to provide a clean, safe family restaurant. He noted Taco Bell has chosen to grow with Cupertino. He feels it is important to have convenient facilities within the City to serve the needs of the public. He noted 70� of the Taco Bells in other communities operate 24 hours a day very successfully. Ms. Nancy Burnett, 729 Stendhal Lane, expressed concern about signs in the windows of the existing restaurant. She also noted that the City's definition of a landmark building needs to be discussed. Chr. Fazekas closed the public hearing. Com. Mackenzie stated there is a trade-off between community character and a convenience factor. He stated a lot of attention needs to be paid to the training of managers and ernployees . He expressed concern about people frequenting the Taco Bell because they have no place else to go. He stated he is in favor of granting a Use Permit for a probationary period of 9 months and there should be a training prograrn in process aimed at maintaininq the character of the restaurant. Com. Austin stated the petition submitted by the applicant was signed by residents from other cities. She stated she would not support 24 hour operation, but suggested longer hours at weekends. Com. Austin questioned Taco Bell using the parking of adjoininq buildings. PLANNING COIrIIKISSION MINITPES Regular Meeting of S�ptember 28, 1992 Page 4 Ms. Bjurman explained the ingress/egress opened up between properties in order to stay off the main roads. She stated the two property owners did open the fence between the properties. Chr. Fazekas stated the restaurant is adequately buffered from a possible multifamily development. He stated there is not the neighborhood opposition that he expected. He concurred with Com. Mackenzie regarding the probation period. Com. Mahoney concurred with Chr. Fazekas. He stated the restaurant should not be penalized for calling the police to prevent any incidents, but should be encouraged. He also spoke in favor of the probation period. Com. Mann stated that many people concerned about this would not have been notified because they are not within 300 ft. She stated it should not operate for 24 hours and concurred with Com. Austin. She stated the City should look into the left hand turn lane in and out of the property and the lighting needs to be addressed. Com. Mackenzie suggested asking Taco Bell to put together a formal program describing the character of the restaurant and how this will be maintained. Also how they handle unwelcome customers. Chr. Fazekas reviewed the curfew adopted by the City. Com. Mackenzie stated the written formal training program should be reviewed when the Use Permit is being reviewed. MOTION: Com. Mahoney moved to recommend approval of 5-U-90 with the following findings: l. Any current problem appears to be manageable; 2. No complaints from neighboring property owners. Also the following conditions: Cond. 6 to be eliminated; added Cond. 6, 9 month probation period; Cond. 7, A written formal training program for managers on how to maintain the character of the restaurant should be given to staff within three months, to be reviewed at the 9 month Use Permit review. SECOND: Com. Mackenzie VOTE: Passed 3-2 NOES: Coms. Austin, Mann 2. Application No(s): 3-GPA-90 Applicant: City of Cupertino Property Owner: City of Cupertino Project Location: Citywide ADJOURNED PUBLIC HEARING to continue discussion of the General Plan. Subject: Confirmation of Inspiration Heights Recornmendation, Joint Fiillside Planning and Review of City Identity Map. PLANNING COMMISSION MINUTES Regular Meeting of September 28, 1992 Page 5 1 Confirmation of Inspiration Heiqhts Recommendation Staff Presentation: City Planner Wordell presented the staff report. She noted staff would like the Planning Commission to confirm their actions taken at the last meeting regarding Inspiration Heights. Ms. Wordell presented the zoning map outlining the zone districts recommended by the Planning Commission. The Commissioners discussed the zoning areas as well as the legal lots of record of 1917. Planning Director Cowan explained the remnant lands in the hillsides noting he has the authority to merge lots under 5,000 s.f. Com. Mann stated the intent of the Planning Commission is not to allow smaller lots in the hillsides and no consolidation to yield more density. Com. Austin proposed not to recognize lats of record from 1917. Mr. Cowan noted if this is to be discussed staff must notify the property owners involved. Com. Mann stated lots of record over 30% grade cannot be built on. Mr. Cowan stated an application can be submitted. Com. Mann made a motion to re-address the legal lots of record. Com. Mann withdrew her motion. Chr. Fazekas opened the public hearing. Ms. Barbara West, Cordova Road, presented a map outlining the study area. She expressed concern about subdividing in Inspiration Heights without public hearings and notification to neighbors. She proposed the study area be zoned RHS and come under the hillside protection policies as outlined in the petition presented to the Planning Commission. Mr. West, Cordova Road, stated that Cordova Road is a sub-standard road and if lots are going to be developed citizens should be allowed to give input. He stated the Planning Commission needs to consider the impact of the sub-standard conditions on Cordova Road if legal lots of record are developed. Mr. Steven Haze, San Juan Road, presented a map outlining remnants of lots which could receive a Certificate of Compliance. He noted there would be a 38 percent increase in density if legal lots of record are developed. Mr. Haze expressed concern about earthquake faults as well as the topography of the area. He stated PLANNING COMMISSION MINUTES Regular Meeting of September 28, 1992 Page 6 Certificate of Compliance should go through a public hearing process. In response to Com. Mahoney's question, Ms. Wordell stated there may be legal lots of record which the city is not aware off. Com. Mackenzie stated clarification is needed for how many legal lots of record are in the area. Mr. David Severin questioned if the legal lots of record would allow for the development of apartments. Ms. Wordell stated they are not. Chr. Fazekas closed the public hearing. The Commissioners discussed re-addressing legal lots of record of 1917 and requested staff to look into this for clarification. The Comrnissioners came to a consensus on the following: 1. Lots of record are recognized, but no increase in density. This applies to all the study area except the Severin property. 2. Zoning in hatched area rezoned to RHS. 3. Hatched area subject to 1/2 acre slope density formula. The above three points were a consensus of the Cornrnission, but no final decision was made until staff does more research on the legal lots of record in the study area. MOTION: Com. Mackenzie moved to continue this General Plan hearing to notify residents and understand what the current density is in the study area. SECOND: Com. Austin VOTE: Passed 5-0 2. Joint Planning in Hillsides City Planner Wordell presented the staff report. She reviewed a map outlining the boundaries of surrounding cities and the County. Ms. Wordell reviewed staff's suggestive alternatives as outlined in the staff report. City Planner Wordell addressed a letter from Councilmember Sazbo who indicated he would favor a Joint Powers Agreement. Ms. Wordell stated the Joint Powers Agreement has not been used widely throughout the State. She noted staff prefers a Joint Specific Plan and noted the Cities which could be involved. She feels that this plan broadens ways in which the City handles hillside development and also involves surrounding cities. PLANNING COMMISSION MINUTES Regular Meeting of September 28, 1992 Page 7 Ms. Wordell noted the City and the County would be represented in a Joint Powers Agreernent. Com. Austin spoke in favor of a Joint Powers Agreement. The Commissioners discussed the Joint Powers Agreement. Mr. Cowan stated the net result would be to transfer the authority from the County to the Joint Powers Agreement. He stated for the past 20 years the County Board of Supervisors have done careful planning in the hillsides. He noted the present Board is in favor of very low density and Councilmember Sazbo wants to lock this in. Com. Mann expressed concern about the County Planning Commission taking actions which may not be in the County or Cities best interest. She stated she would be amenable to discussing ways of controlling this. Ms. Wordell noted the Planning Commission adopted the County's policies as long as they are consistent with the City's goals and policies. Chr. Fazekas opened the public hearing. Mr. Phil Zeitman stated that Cupertino has taken a positive step in adopting hillside policies. He stated the City should be concerned about the Kaiser property in the near future. He spoke in support of the Joint Powers Agreement. Ms. Wordell stated that Kaiser could qualify for some development. Mr. Cowan noted that the County is considering a clustering concept. Ms. Wordell stated the Joint Powers Agreement may be difficult to achieve because of reluctance from the County. She stated the down side of the JPA would be getting the County and Cities to say yes, but once they say yes there is more protection. Mr. Steven Haze, San Juan Road, stated he feels that the JPA is a regional satety net. He stated no votes are required by the electorate and the City does not lose any power. He stated the Green Belt Alliance, with Bay Vision 2020, has encouraged regional corporation. He spoke in support of the JPA and urged the Commission to move forward. MOTION: Com. Mann moved to recommend to the City Council the exploration of the Joint Powers Agreement with Los Altos Hills, Cupertino, Saratoga and County. SECOND: Com. Austin VOTE: Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of September 28, 1992 Page 8 3. City Identity Ma� Planning Director Cowan presented the staff report. He presented a graphic outlining the Planning Commission's Recommendations of the City Identity. He noted the graphic represents the requests submitted by the major companies. Chr. Fazekas stated the map is a summary of what the major companies and the Grand Blvd. Committee request as opposed to Planning Commission recommendations. Chr. Fazekas voiced his opposition to the graphic. He noted the graphic does not represent any citizen input. Planning Director stated the Planning Commission recommended 19 pages of written policies for the City Identity. He noted he took the policies and prepared this graphic. He stated the graphic represents growth which can occur in certain areas if traffic mitigation etc is met. Com. Mann stated the graphic represents a maximum of growth within the City. She feels that the map indicates the Planning Commission approved all the additional growth reflected on the graphic. There was a consensus of the Commission to name the graphic "Graphic Reflection of Some Planning Cornmission Recommendations." The Planning Commissioners discussed the four corners. Mr. Cowan stated 175,000 s.f. of development could occur under reallocation. Com. Mann stated a museum should be developed at the four corners. Com. Mackenzie stated the graphic should be used as a tool for discussion with the City Council, but the Planning Commission's name should be removed. Com. Mann commented on an article in the San Jose Mercury News . She stated Cupertino is a suburban area and it will be difficult to have a City Center. Consensus to continue General Plan discussions to October 12, 1992. NEW BUSINESS: - None REPORT OF THE PLANNING COMIKISSION: Com. Mann reported on the Affordable Housing Committee meeting. REPORT OF DIREC'I'OR OF COL�II�iiJNITY DEVF:LOPIKENT : - None PLANNING COMMISSION KINUTES Regular Meeting of September 28, 1992 Page 9 DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNIKENT: The Planning Commission adjourned at 10:15 P.M. to the next Regular Meeting of October 12, 1992 at 6:45 p.m. Respectfully submitted, C' � r� . d Catherine M. Robi ard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of October 12, 1992 /s/ Daryl Fazekas � Daryl Fazekas, Chairman Attest: /s/ Dorothy Cornelius Doro y Corne ius, City C er �MErvDE�J to- i� -y�