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PC 10-11-1993 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 OCTOBER 11, 1993 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairwoman Austin Vice Chairperson Mahoney Commissioner Doyle Commissioner Bautista Commissioner Roberts Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Michele Bjurman, Planner II APPROVAL OF MINUTES: Com. Mahoney amended the minutes as follows: Page 3, 10th paragraph, word "should" should be changed to "could ". MOTION: Com. Mahoney moved to approve the minutes of September 27, 1993, as amended. SECOND: Com. Bautista VOTE: Passed 5 -0 POSTPONEMENTS OR NEW AGENDA ITEMS: Item 2: Application 7 -U -93, 3 -TM -93 and 5- EA -93, Smiths Food & Drug Centers, Inc. - Removed from the calendar. Item 3: Application 8 -U -93 and 7- EA -93, Prabhakar R. Gudur - Continued to the Planning Commission meeting of October 25, 1993. WRITTEN COMMUNICATIONS: Letter from Tandem and letter from Yale Investment Co. ORAL COMMUNICATIONS: - None CONSENT CALENDAR: 1. Application 2- EXC -93 - Cupertino Gateway Partners: Requesting approval for an exception to the sign height for a building mounted logo sign. The site is located at the Southwest quadrant of I -280 and De Anza Boulevard, Apple R &D campus. PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 2 Com. Mahoney removed item 1 from the Consent Calendar. 1. Application 2- EXC -93 - Cupertino Gateway Partners: City Planner Wordell stated this is an exception request because the height of the logo exceeds the maximum height allowed. She noted the Planning Commission must allow the freeway orientation as part of the sign approval. She stated staff recommends approval as this is the best size for the building. Ms. Jackie June Horton, Cupertino Gateway Partners, stated they did a study regarding this sign. She noted a smaller sign would look out of proportion. Ms. Horton noted they did receive approval for a similar sign on building one. She stated the sign will be illuminated by hidden lights. MOTION: Com. Mahoney moved to approve the consent calendar SECOND: Com. Roberts VOTE: Passed 5 -0 PUBLIC HEARINGS: 4. Application No: 9 -U -93 Applicant: Peter Hou Property Owner: Emile Nijmeh Location: 19997 Stevens Creek Blvd. USE PERMIT for an acupressure /massage school. Staff Presentation: Planner Bjurman presented the staff report. She noted the applicant currently has a permit to operate a massage establishment at the above address. She stated the proposal is to add a certification program in massage and one in acupressure. She noted the applicant has received temporary approval from the State of California Council of Private Postsecondary and Vocational Education. Ms. Bjurman noted the major issue is the parking deficiency at the center. She noted four businesses close at 5 p.m. alleviating 27 parking spaces at this peak hour. She stated the most probable impacted peak hour will be 12 noon to 1 p.m. but it is highly unlikely that demand will be high. Ms. Bjurman stated she received a petition from neighbors expressing concern about the signs negatively impacting property values in this area. She stated staff has created a condition that will require the applicant to combine both signs to be compatible with the sigr ordinance and building. Com. Doyle questioned the parking deficit. City Planner Wordell stated the parking requirement difference between the school and straight retail is 9 parking spaces. PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 3 Chr. Austin opened the public hearing. Mr. Peter Hou, 19997 Stevens Creek Blvd., addressed condition #6 and stated this application is for the school and not for the establishment. He stated he is ;managing both businesses and both signs are needed and for this reason would like to keep the signs separate. Planner Bjurman stated that the application is for a use permit for the massage school and the sign issue is a staff function. She noted the ordinance indicates that one sign is allowed and if the applicant requires two he must apply for an exception. Ms. Felicia Thompson, Wheaten Dr., stated she is not against the proposal for the school, but expressed concern about the parking as they have had problems in the past. She also noted the petition circulated to the neighbors expressed concern about the negative impacts of the current signs. She stated they would like one sign. Resident, Wheaten Dr., expressed concern about the signs and an image problem. He noted the hours of operation are also a concern. Mr. Hou stated the topic of the use permit is for the school and not the signs. He requested approval of the school at this time. He noted the current hours of operation are 11 a.m. - 9 p.m. and closed Sundays. Ms. Bjurman stated the Planning Commission does not need to address the sign issue unless the applicant wants an exception. Com. Doyle expressed concern about the parking deficit and feels this problem keeps increasing. He stated the school is acceptable, but parking needs to be restricted. Com. Mahoney pointed out that the parking problem is with P.J. Mulligans. He spoke in favor of limiting the hours of operation on Friday evenings. Com. Roberts stated this business will enhance cultural diversity and spoke in support of the school. He suggested that the applicant and neighbors find a compromise regarding signs. He spoke in favor of limiting the hours of operation on Friday evenings. Com. Bautista stated the residents concerns about the signs are serious and need to be dealt with. He suggested making the sign issue a condition of this use permit. The Commissioners briefly discussed the wording of the sign and Ms. Bjurman stated the City has no control over the actual wording of the sign. PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 4 1 Com. Bautista also spoke in favor of limiting the hours of operation on Friday evenings to 7 p.m. Chr. Austin stated that P.J. Mulligans causes the parking problem. She noted the applicant should work with the neighbors regarding 1 the signs. She noted she would recommend approval of the school. The Commissioners briefly discussed the signs. Ms. Bjurman stated the applicant can use a sign up to 24 sq. ft. Ms. Wordell stated if the applicant requests a bigger sign he would need to come back to the Planning Commission for an exception. MOTION: Com. Mahoney moved to approve 9 -U -93 subject to the findings and subconclusions of the hearing with the following modification: Cond. 4, limit hours of operation to 7 p.m. on Friday and Saturday nights. SECOND: Com. Roberts VOTE: Passed 4 -1 NOES: Com. Bautista 5. Application No: 17 -U -90 (Modified) Applicant: Robert H. Lee & Assoc. Property Owner: Cupertino De Oro Club Location: 11010 De Anza Blvd. USE PERMIT to modify the square footage of an approved sales building, car wash and canopy and add one parking space. Staff Presentation: Planner Bjurman presented the staff report noting in 1991 the applicant received approval for a car wash, mini- mart and fuel station. She stated the applicant is requesting a modification to the 1991 use permit to lengthen the car wash and expand the mini -mart. She stated the modification will not result in changes to the original findings. Planner Bjurman reviewed the proposed changes. Regarding the blue fascia on the food mart, staff recommends that this be modified with stucco and a blue fascia cap as designed on the canopy. Regarding the canopy side elevation, it is staff's opinion that the spanner box is incompatible with the architecture and it is recommended that the request for lighting within the spanner boxes be denied. Ms. Bjurman stated the applicant is requesting 24 hour operation and staff is recommending denial. Regarding the sign on the car wash, staff believes that the sign is excessive and should be eliminated on the side elevation. Ms. Bjurman addressed the conditions of approval. Regarding the City Council action letter of March 20, 1991, cond 18 should be removed as it has been replaced with new condition 5. Condition 17, remove the wording after the first paragraph. She stated staff PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 5 is recommending approval with the conditions outlined in the staff report. Chr. Austin opened the public hearing. Applicant Presentation: Mr. Steve Willard, Chevron Inc., stated ' that most of the changes proposed are to accommodate ADA requirements. Mr. Willard presented a drawing outlining the proposed changes noting the foot traffic to the mini -mart will be reduced because of the proposed card dispensers which will be installed. Mr. Willard stated he disagrees with staff regarding the blue fascia as this is Chevron's corporate identity. He stated Chevron did a study to find out what the consumer saw to bring them into Chevron, and the result was, people saw the blue fascia. He noted this is a recognizable trademark and stated he would also like to have the blue fascia above the canopy. Mr. Willard stated the canopy lights are not sufficient enough to bring a safe environment at the point of purchase at the card dispenser. He stated the spanner lighting proposed is a security issue and provides a safe environment for the consumer. He stated the spanner box also provides information to the motorist regarding smoking and turning off the engine and this is part of the reason for the internally illuminated lighting. Mr. Willard stated the Chevron logo is a corporate identity and would like to leave this as is. Com. Roberts questioned the visual impact and noise. Ms. Bjurman stated there are concerns regarding lighting which will be addressed at the final plan check stage. ` Mr. Willard addressed the sound mitigation. He stated they will build an 8 ft. sound barrier between the adjoining apartments and the station. There are also sound walls on either side of the car wash which will mitigate the sound. He stated this was previously reviewed and approved. Regarding the lighting aspect, Mr. Willard stated the building will be 16 ft. high and the canopy will be 14 ft. high and any lighting under the canopy will be shielded. He noted the sound walls will be in place prior to operation. Regarding the separate car wash sign, Mr. Willard believes this sign is needed to limit confusion. He believes there would also be a loss in revenue from the car wash. Mr. Willard noted the signs would have to be reduced if combined. In response to Mr. Willard's question, Ms. Bjurman stated the sign under discussion is consistent with the ordinance, but site wide an exception is required for the total number and square footage of signs. PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 6 Chr. Austin noted she received a letter from the neighbors regarding the location of the telephone and noise. Mr. Willard stated they will remove the telephone to staff's approval. He believes that the layout of the station will mitigate 1 the noise. Regarding the request for 24 hour operation, Mr. Willard believes that this is a safety issue. He stated Chevron is 1 making a substantial investment in this community. He noted his ' competitors are open 24 hours. Mr. Willard expressed concern about potential vandalism when the station is closed. He requested a one year trial period for 24 hour operation. In response to Com. Doyle's question regarding removal of trees, Mr. Willard stated most of the trees are in bad condition and need to be removed. He stated they will be replacing them with new trees. t Ms. Doris Hijmans, De Oro Club, spoke in support of 24 hour operation as it will also provide protection for the De Oro Club. She addressed the landscaping between the Club and the Chevron station and noted this should be continued. Mr. Bernard Andrews, Portofino, stated the Planning Commission should consider whether the lighting proposed would affect the houses at Portofino. He stated he objects to 24 hour operation, and if this is approved he would ask for a delay to give him time to talk to the homeowners association. { Chr. Austin closed the public hearing. In response to Chr. Austin's question, Mr. Willard stated they would be willing to close the food mart and operate the fuel service 24 hours. He noted there would be a cashier on site 24 hours a day. The Commissioners agreed that the issues are as follows: Separate car wash sign Hours Spanner illumination Color Logos Telephone Com. Mahoney stated the separate car wash sign is acceptable; supports the trial period for 24 hour operation; leave the spanner box illumination as proposed; take logos off the spanner boxes; remove the telephone; and remove the blue fascia, as recommended by staff. Com. Bautista stated the hours of operation are critical and would vote to maintain the hours 6 a.m. to 11 p.m. He concurred with PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 7 Com. Mahoney regarding the other issues. He also believes that lighting would become a significant issue for the residents if operated 24 hours. Com. Roberts spoke in support of the blue fascia; supports the hours operation of 6 a.m. to 11 p.m. at this time; spanner box illumination is acceptable; logos not obtrusive; separate car wash sign not excessive. Com. Doyle stated the City has a responsibility to the residents in the area and would leave the hours of operation at 6 a.m. to 11 ► p.m. He stated once the sound walls are in place the hours could ► be expanded; separate car wash sign is acceptable, but is concerned about the lighting of the sign; spanner box illumination is acceptable; relocate the telephone. Chr. Austin stated she has no problem with the blue fascia; spanner box illumination is acceptable; additional logos on spanners should be removed; 24 hour operation for gas station only on a temporary basis and after the sound wall has been constructed; separate car wash sign acceptable; relocate the telephone. MOTION: Com. Mahoney moved to approve 17 -U -90 subject to the findings and subconclusions of the hearing with the following modifications: Cond. 5, the Chevron logo and text located on the spanner boxes are denied; Cond. 6 remove last sentence; remove cond. 18 of City Council action letter of March. 20, 1991 and modify Cond. 17, replace ASAC with staff and remove everything after the first paragraph. SECOND: Com. Doyle VOTE: Passed 5 -0 NEW BUSINESS: - None REPORT OF THE PLANNING COMMISSION: Chr. Austin noted she recieved a newsletter from the Transportation Agency and encouraged the Commissioners to read this. Com. Roberts noted he met with staff regarding truck traffic on Highway 85. Mr. Cowan stated there is a controversy regarding truck traffic on Highway 87 and at this time there is no prohibition against truck traffic. He noted some residents are asking San Jose City Council to prohibit the trucks. He stated they have an agreement with the State regarding the prohibition of trucks on Highway 85. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None PLANNING COMMISSION MINUTES Regular Meeting of October 11, 1993 Page 8 DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9 :00 P.M. to the next Regular Meeting of October 25, 1993 at 6:45 p.m. Respectfully submitted, Catherine M. Robil ard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of October 25, 1993 Donna Austin, Chairwoman Attest: Kim Smith, City Clerk