Loading...
PC 11-09-92 „'T"”, ,T „ 'Tn�TINO, STATE OF CALIFORNIA �t i t vi• ��r L. 10300 Torre Avenue Cupertina, CA. 95014 (408) 252-4505 MINL7TES OF THE REGUI.AR MEETING OF THE PLANNING COMMISSION HELD ON NOVEl�ER 9, 1992 ROLL CALL: Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mackenzie Commissioner Austin Commissioners Absent: Commissioner Mahoney Staff Present: Michele Bjurman, Planner II APPROVAL OF 1KINUTES: MOTION: Com. Mann moved to approve the minutes of October 26, 1992, as presented. SECOND: Com. Mahoney VOTE: Passed 4-0-1 ABSENT: Com. Mahoney POSTPONE�iENTS OR NE�ii AGENDri ITF�S : Item 4: `Application 8-TM-76 (Amendment) - Mr. and Mrs. C.T. Ma. Continued to the Planning Commission meeting of December 14, 1992. By acclamation item 4 was continued to the meeting of December 14, 1992. WRITTEN COM1KiJNICATIONS : No discussion ORAL CO1�I�LTNICATIONS : - None CONSENT CALENDAR: ' 1. Cancellation of December 28, 1992 Planning Commission Meeting. MOTION: Com. Mann moved to approve the Consent Calendar. SECOND: Com. Austin. VOTE: Passed 4-0-1 ABSENT: Com. Mahoney FLANNING COI�IIKISSION MINUTES Regular Meeting of November 9, 1992 Page 2 PUBLIC HEARINGS: 2. Application No(s): 1-EXC-92 Applicant: Harold and Marlene Judy Property Owner: Same Project Location: 10930 Miramonte EXCEPTION to chapter 16.28 of the Municipal Code to locate a fence on the front property Line. Staff Presentation: Planner Bjurman presented the staff report. She presented a site plan map, provided by the applicant. She stated the request is to place a fence along the site property line. Ms. Bjurman stated this has been reviewed and approved by the Public Works Departrnent. Ms. Bjurman outlined the location of the fence noting that because of the down slope of the property the fence will be no higher than 42 inches as seen frorn the roadway. She noted the applicant's request for the exception is because of noise and visibility. Com. Mackenzie stated the purpose of the fence setback is to avoid Cupertino becoming a walled City. He noted there should be adequate space for vegetation between the fence and the sidewalk. Chr. Fazekas opened the public hearing. Apulicant Presentation: Mr. Harold Judy, 10930 Mirarnonte Road, stated he has a neighbor who supports the request for the exception. He stated there is adequate space for vegetation from the fence, as addressed by Com. Mackenzie. Mr. Judy noted the fence will not hinder visibility for motorists corning out of side - streets. He noted the fence style is consistent with fences in the area. Com. Mann suggested a less solid fence. She also expressed concern about a wall along the street. Mr. Judy stated a less solid fence would be possible, but not a preference. He stated the fence is low and will not cause any problems. Com. Austin stated she is familiar with the property and feels there is a need for a fence, as there is a lack of privacy. Mr. Namgar, Miramonte Road, stated Mr. Judy's property did not sell for over a year because there was no privacy. He noted he supports the request for the exception because it would give some definition to the property and enhance the property value. Chr. Fazekas closed the public hearing. , PLANNING COMMISSION MINUTES Regular Meeting of November 9, 1992 Page 3 MOTION: Com. Mann moved to approve application 1-EXC-92 subject to the findings and subconclusions of the hearing. SECOND: Com. Austin VOTE: Passed 4-0-1 ABSENT: Com. Mahoney 3. Application No(s): 20-U-86 (Modified) Applicant: JMB Properties Property Owners: Pacific Acquisition Corporation Project Location: 21269 Stevens Creek Blvd. USE PERMIT condition modification 20-U-86 (amended) for an existing restaurant with a full service bar. Staff Presentation: Planner Bjurrnan presented the staff report. She presented the site plan map of the Oaks Center and pointed out the proposed location. Ms. Bjurman stated the Center's Master Use Permit indicates that only one business can have primary alcohol sales. She stated the proposal is to allow the sale of alcohol to expand into this additional suite. She stated the proposal is for a pub or bar. She noted staff's primary concern is disturbances to the neighbors. She stated no outside seating is proposed, and the proposed hours of operation are consistent with the Master Use Permit. Ms. Bjurman noted the operator has a similar operation in Sunnyvale and there have been no problems. Ms. Bjurman pointed out that this particular use would exceed the 1986 Master Use Permit in terrns of square footage, therefore re-striping of the parking lot is required. In response to Chr. Fazekas' question, Ms. Bjurman stated the re- striping has been reviewed and modifications were required. - Chr. Fazekas opened the public hearing. Ap�licant Presentation: Mr. Hans Koch, JMB Properties, stated the proposed use will qive some growth in the back area of the center and open up the front for retail use. Com. Mackenzie expressed concern about the proposed use changinq the character of this part of the center. Mr. Koch stated they are specifically interested in making sure the proposed use ties in with the surrounding uses. He stated there will be no big screen T.V.'s and they will sell both food and alcohol. Com. Mackenzie stated when the Center is sold the City will still have a problem with this particular use and would like to put some control on this. � ..•,�v:alNL� L�tJMiK1551U1V 1�I1'IVU'1'ES Regular Meetinq of November 9, 1992 Paqe 4 Mr. Koch stated there are stringent ownership changes required. He stated the kitchen will allow for limited cooking staff and will close at 11 p.m. In response to Com. Austin's question, Mr. Koch stated entertainment will not be a primary focus of the use. He also noted a new re-striping plan will be submitted to staff. Chr. Fazekas closed the public hearing. Com. Austin stated this operator has a similar operation in Sunnyvale with a good reputation. She feels the Oaks Center needs more activity and this would tie in with the existing uses. She would support the applicant's request. Chr. Fazekas questioned staff's concerns about disturbances? Planner Bjurman noted legally the use is allowed outside seating. Ms. Bjurman explained where the seating would be located. She did not feel the use would cause disturbances to the surrounding neiqhborhoods. She also noted the Master Use Permit does not allow for amplified music. Ms. Bjurman noted the Oaks Center has a Conditional Use since 1986 to expand hours of operation and there have been no problems. She stated the operator himself has a good reputation. Com. Mackenzie suggested that the Planning Commission require the kitchen to be open until one hour before the bar closes and dedicate at least one person to kitchen staff. MOTION: Com. Austin moved to approve 20-U-86 (Modified) subject to the findings and subconclusions of the hearing with the following additional condition: The kitchen shall remain open until one hour before the bar closes and shall have one kitchen staff at all times. SECOND: Com. Mann VOTE: Passed 4-0-1 ABSENT: Com. Mahoney NEW BUSINESS: - None REPORT OF THE PLANNING COI�ISSION: Com. Mann reported on the Affordable Housing Committee meeting. REPORT OF DIRECI'OR OF COMMUNITY DEVELOP1KII�iT: Planner Bjurman stated she will be representing the City on the Joint Venture Silicon Valley - Environmental Infrastructure Group. DISCUSSION OF NEWSPAPER CLIPPINGS: - None PLANNING COMMISSION MINUTES Regular Meeting of November 9, 1992 Page 5 ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 7:35 P.M. to the next Reqular Meeting of November 23, 1992 at 6:45 p.m. Respectfully submitted, Ca��L M• �,o�Lvl.�a-�c� � Cat erine M. Robi ard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of November 23, 1992 �"�"�ti '� � "` � l,"rG� �� 1 G� Dary Faze as, ai man ' Attest: ��_�,D � Dorot y C ne ius, City Cler