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PC 06-14-1993 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 JUNE 14, 1993 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairwoman Austin Commissioner Doyle Commissioner Bautista Commissioner Roberts Commissioners Absent: Commissioner Mahoney Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Michele Bjurman, Planner II Thomas Robillard, Planner II APPROVAL OF MINUTES: - None POSTPONEMENTS OR NEW AGENDA ITEMS: - None WRITTEN COMMUNICATIONS: - No Discussion ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 1. Application No(s) 21 -U -89 (Modification) Applicant: Clarke Rosa Property Owner: Same Location: 10270 Imperial Avenue USE PERMIT (Modification) to extend days of operation to Saturday, to allow retail use, and to allow an on- street parking space. Staff Presentation: Planner Bjurman presented the staff report dated June 14, 1993. She stated the request is to begin operation on Saturdays and to allow the operation of a retail use within the existing use. She noted staff is recommending the Saturday PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 2 operation as other commercial properties within the City are not regulated with regards to days of operation. Also the conditions of approval which exist on the existing use permit are adequate to control the operation so adjoining properties are not impacted. She noted conditions have also been added to address any impacts. Regarding the request for retail, Ms. Bjurman stated staff has created a condition of approval requiring that any retail from this area should only be items which are part of the actual use. Ms. Bjurman noted there is a condition which allows the Planning Commission to review this particular part of the use permit in six months. She noted if there is an impact at the six month review the retail aspect of the use permit would expire. Ms. Bjurman pointed out the surrounding uses. In response to Com. Roberts' question, Mr. Cowan noted this property is contiguous to Measurex. In response to Com. Doyle's question regarding the restriction of Saturday use, Ms. Bjurman stated under the original use permit, there was some discussion by the Planning Commission, at that time, regarding proximity to residents. She noted the applicant at that time, had no objection to operating Monday through Friday. Chr. Austin opened the public hearing. Applicant Presentation: Mr. Clarke Rosa, 10270 Imperial Avenue, stated the previous business operated Monday through Friday and did not need to operate on Saturdays. Mr. Rosa stated most businesses require to be open Saturdays in order to serve the public. Regarding the retail, Mr. Rosa stated they will be selling parts that are job related to customers and noted most businesses have some form of retail. He stated they are not generating more traffic because of the retail. He noted he has no objection to the 6 month trial period. In response to Com. Doyle's question, Mr. Rosa explained the accessories which they will be selling. He also explained the type of work which will occur at the machine shop. He believes that his business will not cause additional traffic problems on this street. Mr. Ernie Vindickey, 10290 Imperial Avenue, stated when Cupertino Auto Service applied for a use permit a condition of approval was to construct a sound wall, which when finished did not prevent any noise. Mr. Vindickey expressed concern about the noise impact of these machine shops in the area. He noted a copy of a petition was distributed in February and at that time staff indicated there would be no weekend operation and no retail business because the parking requirements can not be met. He noted Clarke's has been violating the existing use permit by operating on weekends. Mr. Vindickey presented photos to the Commission outlining the parking PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 3 1 problems. Ms. Jillian Kelley, Imperial Avenue, expressed concern about illegal parking on this street. She also expressed concern about the safety of children playing on the street and noted they want to stop businesses encroaching further into the residential area. Ms. Janet Johnson, Imperial Avenue, expressed concern about traffic on the street and the problem with cars speeding. Ms. Sheryl Davis, Imperial Avenue, stated traffic has increased since Clarke's shop moved in. She noted there are 'No Parking' signs on the street which people ignore. In response to Com. Bautista's question regarding the previous businesses, Mr. Vindickey stated the BMW shop did not impact the traffic as most customers parked on the lot. He also noted this building is not set back from the. street. Mr. Clarke Rosa stated there has been a problem on Imperial Avenue for a long time and has not been made worse by his business. He noted there was a machine shop in this building for 15 years prior to the BMW shop. He believes the amount of traffic generated has been exaggerated by the public. He stated his business will generate less traffic than any other business on the street and he would be willing to work to minimize the noise. 1 Mr. Gordon Frolich, resident, stated he has not heard of any complaints to the City or the Sheriff's Department regarding traffic problems. He pointed out that 'No Parking' signs put up by the neighbors are not permitted and complaints should be filed with ' the City. He suggested that the Sheriff's Department monitor the traffic and if a problem is identified it should be mitigated. He believes that Mr. Rosa is making an effort to help the situation on Imperial Avenue. In response to Commissioners questions, Ms. Bjurman stated there is one other business on this street which does operate on Saturdays, and Saturday operation does exist: city wide. In response to Com. Roberts's question, Mr. Cowan stated the commercial area was annexed into the City in the early 80's and the residential area is in the County. He noted the construction of the Cul -de -Sac is a low priority because of lack of funding. Chr. Austin closed the public hearing. Chr. Austin stated she is aware of the neighbors concerns, but is also concerned about the business and the need to operate on Saturdays. PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 4 Com. Doyle stated the restrictions on the use permit gives leverage to the City, the property owner and the neighbors to improve the situation. Com. Austin concurred with the six month review and suggested the applicant work with the neighbors to address their concerns. Ms. Bjurman pointed out that there may be other businesses that existed and operated on Saturdays prior to annexation, who continue to operate. Com. Roberts stated an agreement should be reached between the neighbors and the property owners to address the traffic problem. Com. Bautista stated he does not believe that Clarke's Machine Shop will cause more traffic on the street if no other business operates on Saturdays. Chr. Austin stated the only way to control the situation is to approve the use permit with the six month review. She suggested the traffic be monitored. Planner Bjurman stated they can require the applicant to conduct a traffic count and bring the results back at the six month review. Com. Bautista stated he would like to know how many employees there are and where they park. Com. Doyle stated if the use permit is approved they are making the situation worse and suggested continuing this for 30 days to work with the neighbors. The Commissioners discussed the options, either to allow retail and saturday operation or continue this to receive more information. Com. Bautista suggested the retail be allowed, limited to 320 sq. ft. and allow the Saturday operation with the condition that the garage door not be opened during business hours. The property owner should also limit the number of employees parking in the area. In response to Com. Roberts concern, Ms. Bjurman stated the problem on Imperial Avenue is far greater than what is generated by Clarke's shop, but noted staff can meet with the neighbors to discuss the problems. Mr. Cowan stated he will discuss the traffic problem with the engineering staff. Mr. Cowan suggested that the Planning Commission approve the use permit and through a Minute Order, direct staff to initiate a PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 5 meeting with the property owner and the neighbors. He noted they will also research the parking required for this type of use. MOTION: Com. Bautista moved to approve 21 -U -89 Modification subject to the findings and subconclusions of the hearing with an additional condition that the garage door be kept closed during Saturday business hours. SECOND: Com. Roberts VOTE: Passed 3 -1 -1 NOES: Com. Doyle ABSENT: Com. Mahoney 2. Application No(s) 18 -U -85 (Modification) Applicant: Cupertino Union School District Property Owner: Same Location: Portal Elementary School USE PERMIT to lease 6 classrooms to two education institutions. Staff Presentation: Planner Bjurman presented the staff report. She noted the request is to grant a use permit so that a portion of the existing elementary school can be occupied by a private elementary school. Ms. Bjurman reviewed the primary areas of consideration and the criteria as outlined in the staff report. Planner Bjurman also outlined the trip generation rates and noted the proposed use will not generate more trips than a typical elementary school. She noted staff is recommending approval subject to the conditions of approval. Chr. Austin opened the public hearing. Ms. Sonya Schurr, noted the classrooms they wish to occupy are vacant. She stated elementary education will be offered and the Chinese Achievement School and the French American School are potential programs. Regarding the trips generated by the day care, Ms. Schurr stated the trips never reached the number that was projected. She added that the district has cut back on bussing, but is still doing some bussing. Mr. Chuck Core, Director of Business Services, Cupertino Union School District, stated decline in enrollment was the reason for the closure of the school. He noted bussing was available for the special education programs and if the school re -opens it would generate more traffic. Mr. Chen, resident, expressed concern about traffic in the morning time. He also expressed concern about Saturday operation and noise. Ms. Schurr stated the Chinese Achievement School wants to operate PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 6 on Saturday. Regarding the number of children involved, she noted the school district only allows 30 students per classroom. She added that there are various programs on Saturdays at most schools. Com. Roberts made a motion to approve 18 -U -85M subject to the findings and subconclusions of the hearing with an amendment to condition 7 to read "If they choose to occupy an area greater than 7,000 sq. ft. they must submit an application informally to staff to review the trip counts and confirm that it is consistent ". The motion died due to lack of a second. Com. Bautista expressed concern about over regulating. MOTION: Com. Bautista moved to approve 18 -U -85M subject to the findings and subconclusions of the hearing. SECOND: Com. Doyle VOTE: Passed 4 -0 -1 ABSENT: Com. Mahoney 3. Application No(s): 81,004.120 and 2 -EA -93 - Sign Ordinance Revision Applicant: City of Cupertino Location: Citywide Staff presentation: Planner Robillard presented the staff report. He reviewed the goals of the ordinance as outlined in the staff report. He noted the ordinance was designed so that staff approves up to 80 to 90 percent of the signs and the other 10 to 20 percent would be considered exceptions and follow the exception process. The ordinance was reorganized so that sign regulations are based on sign type. Mr. Robillard added that Mr. Gordon Frolich has submitted his own sign ordinance. He stated staff recommends approval of the sign ordinance approved by ASAC. He noted that Chapter 5.16 needs to be amended to be in compliance with the sign ordinance. In response to Com. Bautista's question, Mr. Robillard stated the major difference between ASAC's approved Sign Ordinance and Mr. Frolich's Sign Ordinance is the organization as addressed above. He noted Mr. Frolich added more definitions and staff felt these were not necessary. Chr. Austin opened the public hearing. Planning Director Cowan stated it is highly likely that the Planning Commission will be involved in signs as the City Council decided to terminate ASAC, but keep the function. He added that most signs under the new proposal will be approved by staff and only the exceptions will go through the Planning Commission. Planner Robillard stated that Electronic Reader Board Signs are new PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 7 in this ordinance. He noted the Sign Ordinance allows this if all conditions are met. In response to Com. Bautista's question Mr. Robillard outlined the exceptions as follows: 1. Electronic Reader Board signs - ASAC felt these were exceptional signs and should be reviewed. 2. Freeway oriented signs - ASAC felt that these should be limited as to how big and haw often these signs are allowed. 3. Exposed Neon signs - should be approved as an exception. 5. Decorative Statuary - should be approved as an exception. MOTION: Com. Doyle moved to recommend a negative declaration SECOND: Com. Roberts VOTE: Passed 4 -0 -1 ABSENT: Com. Mahoney MOTION: Com. Roberts moved to recommend approval of 81,004.120 subject to the findings and subconclusions of the hearing. SECOND: Com. Bautista VOTE: Passed 4 -0 -1 ABSENT: Com. Mahoney NEW BUSINESS: - None REPORT OF THE PLANNING COMMISSION: Planning Director Cowan stated the first priority in the implementation programs of the General Plan is to complete the hillside RHS ordinance followed by specific rezoning proposals for the hillside areas. Also to prepare the design charrette which will be the pre- cursor to the Stevens Creek Blvd. Specific Plan. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Com. Doyle reported on the Affordable Housing Committee. He noted the Committee voted 4 -1 to recommend to Council that $390,000 Block Grant Funds be allocated to the Mid Peninsula Housing Coalition. He added Mid Peninsula were asked to look at alternative sites other that Monta Vista Hardware site, for affordable housing. DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9:15 P.M. to the next Regular Meeting of June 28, 1993 at 6:45 p.m. PLANNING COMMISSION MINUTES Regular Meeting of June 14, 1993 Page 8 Respectfully submitted, C c iizie i M Catherine M. Robiltr Recording Secretary Approved by the Planning Commission at the Regular Meeting of June 28, 1993 /s/ Donna Austin Donna Austin, Chairwoman Attest: • /s/ Dorothy Cornelius Dorothy Cornelius, City Clerk