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PC 01-22-03CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408)777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 22, 2001 Newly appointed Planning Commissioners Marc Auerbach, Angela Chen, and Geoff Patnoe were seated. Election of Chair and Vice Chair MOTION: SECOND: VOTE: Com. Corr nominated Com. Kwok to serve as Chairperson of the Planning Commission for 2001 Com. Chen Passed 5-0-0 MOTION: SECOND: VOTE: Com. Patnoe nominated Com. Corr to serve as Vice Chair of the Planning Commission for 2001 Com. Auerbach Passed 5-0-0 Com. Kwok took over chairing of the meeting. Design Review Committee Representative Ms. Ciddy Wordell, City Planner, explained that the Design Review Committee (DRC) was composed of two Planning Commissioners (a subcommittee of the Planning Commission), and the role of the committee was to review the single family design review, because of the size of the house involving a second story or because of exceptions needed. The committee also reviews fence exceptions, sign exceptions and minor modifications to planned developlnent. The committee meets once or twice per month, for approximately one hour each meeting. The decisions of the committee are final and can be appealed to the Planning Commission. Chair. Kwok noted that traditionally, the Vice Chair of the Planning Commission serves as the Chair of the DRC. Ms. Wordell noted that the Planning Commission selects two alternates as there are occasions that the first alternate is unable to attend the meeting. MOTION: SECOND: VOTE: Chair Kwok nominated Com. Corr to serve as Chair of the Design Review Committee for 2001 Com. Chert Passed 5-0-0 MOTION: SECOND: ABSTAIN: Com. Corr nominated Com. Chen to serve as the first alternate on the Design Review Committee for 2001 Com. Patnoe Com. Chen Planning Commission Minutes 2 January 22, 2001 VOTE: Passed 4-0-1 MOTION: SECOND: VOTE: Com. Corr nominated Com. Auerbach to serve as the second alternate on the Design Review Committee for 2001 Com. Chen Passed 5-0-0 Housing Committee Representative Ms. Wordell explained that the Housing Committee representative was an ad hoc Inelnber, and not a voting member of the Committee. The Housing Committee addresses all issues relating to housing (not just affordable housing), and making recommendations to the City Council and the Planning Commission on projects and affordable type policies. The committee meets monthly. MOTION: SECOND: VOTE: Com. Corr nominated Com. Patnoe to serve as the representative on the Housing Committee for 2001 Com. Auerbach Passed 5-0-0 Environmental Review Committee Representative Ms: Wordell explained that the Environmental Review Committee (ERC) makes recommendations to the City Council and Planning Commission on the environmental status for projects that are subject to the California Environmental Quality Act. The committee meets monthly and occasionally twice per month. MOTION: SECOND: VOTE: Com. Corr nominated Chair Kwok to serve as 2001 representative on the ERC Com. Patnoe Passed 5-0-0 MOTION: SECOND: ABSTAIN: VOTE: Chair Kwok nominated Com. Corr to serve as the alternate on the ERC for 200 I Com. Auerbach Com. Corr Passed 4-0-1 SUMMARY OF COMMITTEE REPRESENTATIVES/ALTERNATES Design Review Committee Housing Committee Environmental Review Committee Chair: Com. Corr Rep: Com. Patnoe Rep: Com. Kwok 1stAIr: Com. Chen Alt: Com. Corr 2"a Alt:Com. Auerbach SALUTE TO THE FLAG ROLL CALL Commissioners present: Auerbach, Chen, Corr, Kwok, Patnoe Staff present: Steve Piasecki, Director of Commtmity Development; Ciddy Wordell, Planning Commission Minutes 3 January 22. 2001 City Planner; Aarti Shrivastava, Senior Planner, Peter Gilli, Associate Planner; Eileen Murray, Assistant City Attorney APPROVAL OF MINUTES: 1. Minutes of the Special Planning Commission Meeting of .lanuary 8, 2001 Chair Kwok explained that the Planning Commissioners present at the January 8th meeting were contacted and the minutes were approved by acclamation.. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING: Application No: Applicant: Location: 05-TM-00 Pinn Brothers 19979-19999 Stevens Creek Blvd. Tentative map to subdivide a parcel into two lots for an approved planned development, one lot for the residential use (46 condominium units) and one for the retail/office use. Postponed from Planning Commission meeting of January 8, 2001 Tentative City Council Date: February 5, 2001 Staff presentation: Mr. Peter Gilli, Associate Planner, reviewed the background of the item which was previously presented to the Planning Commission, and noted that the current application was for the subdivision to proceed with the project; and a decision to be made whether or not the project conforms with the approved use permit. Com. Corr expressed concern about the requirements of the Sanitary District that prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project, noting that be felt the requirement should be met sooner. Mr. Gilli explained that it was the same condition as in the use permit and the Sanitary District did a review of the capacity and determined that they do need to do some expansion; and all the projects along Stevens Creek and in the area would have to contribute including this project. He said it was a standard condition that is redundant because it is in the use permit; and the applicants are aware of the condition. Mr. Gilli referred to the site plan and illustrated the shared parking arrangements. He noted that staff was confident there is adequate supply to deal with all the uses on the site and the applicant would have to show that all the different parking demands will work. It was shown in the traffic report, but more detail is needed and is included as a condition of the original use permit. Planning Commission Minutes 4 January 22, 2001 Mr. Ryan Dane, Pinn Brothers Construction, complimented staff on their professionalism and thanked them for their help on the project. Relative to the tentative map, be indicated the staff report was accurate.. Chair Kwok opened the meeting for public input; there was no one present who wished to speak. MOTION: Com. Auerbach moved to approve Application 05-TM-00 SECOND: Com. Patnoe VOTE: Passed 5-0-0 Mr. Steve Piasecki, Community Development Director, distributed the meeting packets for the upcoming Design Review Committee meeting. Application No: Applicant: Location: 26-ASA-00 Ronald Call (The Call Real Estate Partnership) 10425 So. DeAnza Blvd. Architectural review of a tree removal mid relandscaping plan for an existing shopping center (McClellan Square) Planning Commission decision final unless appealed Staff presentation: Ms. Aarti Shrivastava, Senior Planner, reviewed the application for modification of the landscape plan for the McClellan Square Shopping Center, as outlined in the attached staff report. Applicant is requesting to remove 77 Eucalyptus trees on the site and replace them with 90 trees more suited to the site. She briefly reviewed the arborist's report, and replanting plan as outlined in the staff report. Referring to the site plan, Ms. Shrivastava illustrated the applicaut's proposed plan for a three- phase tree removal plan for 2001, 2002 and 2003. Staffrecommends approval of the application. Ms. Shrivastava explained the arborist's justification for the three phase removal plan, based on which trees had the heaviest canopy. She said that there were benefits as well as disadvantages to removal all at once, or removal in a three phase plan, and the applicant was willing to work with the Planning Commission relative to their recommendations. Coin. Patnoe suggested that consideration be given to removal of the trees posing the most impact on the neighbors. Chair Kwok questioned the impact of the tree removal on the parking in the center. Mr. Ron Call, applicant, said that they did not anticipate performing any of the tree removal during the weekends and if the removal is accomplished in phases, there would be ample parking to address the needs. He pointed out that the arborist had experience with the tree removal process in other centers. He said he was willing to work with the city on either phasing the removal or doing it all at once; and that the three phase removal was proposed as it was felt that it would have the least impact on the city and the ambiance of the center as a whole. Mr. George Vaughn, arborist, explained the rationale for selection of trees to be removed first. He said that they considered the trees most likely to fail first, as some of the larger trees are more structurally sound than the smaller ones; and consideration was given to those closest to the Planning Commission Minutes 5 January 22, 2001 buildings or on key site lines. He said the evaluation was done tree by tree, but they were all considered had trees. Ms. Shrivastava said that the neighbors received a ten day notice prior to the meeting. She said the tenants of the center were not on staff's list to be notified, but the applicant said they would be notified once the project is approved. Mr. Vaughn explained that the iron bark eucalyptus tree should not be topped, but a main leader established, as topping results in branches growing tenfold with less strength. He said that the species has shown a propensity to fail, and the wounds cause inside decay, which is not detectable. Chair Kwok opened the meeting for public input; there was no one present who wished to speak. Com. Corr said that he was not opposed to the removal in a shorter timeline than the proposed three phases, nor was he opposed to removal of the trees all at once. He expressed concern about the safety hazard of the existing trees. Com. Auerbach said he was not opposed to removal of the trees all at once, since a safety factor was involved and the neighbors were not opposed. He commented that given the orientation ol:the trees, removal may be a benefit to the neighbors relative to the sunlight factor. Com. Patnoe said he supported removal of the trees, but expressed concern about the impact of removal of all the trees at one time. Mr. Call pointed out that there were other species of trees in the center which would provide a canopy if the eucalyptus trees were removed ali at one time. Mr. Vaughn also pointed out the number of other tree species remaining in the center. He also noted that the replacement trees would be 48 inch box size which are large trees. He said that the trees proposed for removal represent approximately 1/3 or less of the total canopy of the shopping center. Chair Kwok expressed concern about the parking situation in the center if all the trees were removed at one time. Mr. Vaughn said that they would work with the city, giving advance notice to the tenants, mark off the areas of the center affected, and phase the removal with the least impact. Chair Kwok said that six months to a year time period would be appropriate for the removal of the trees. Mr. Piasecki noted than a condition could be included authorizing the applicant to remove all the trees at once, provided it be staged in a manner not to exceed ten percent of the parking spaces being blocked offat any one time, which would allow for removal within a few months to a year time period. Mr. Vaughn said that the project of removal of the trees at one time within the ten percent factor, would take approximately two months, including the planting of the replacement trees. There was consensus that tree removal be accomplished at one time, not in three year phases. Relative to the total removal time period, Com. Auerbach said that he felt it could be lel~t to the discretion of the applicant, up to a three year period, as they had a vested interest in maintaining the retail viability of the center and providing adequate parking for their patrons. Com. Patnoe recommended that 'a condition be added that the applicant should notify the neighbors of the schedule and timing. Planning Commission Minutes 6 January 22, 2001 Com. Corr expressed concern about past situations where decisions are made to develop around trees, only to later receive an application to have the tree removed where the development occurred. He said in this particular case, this was not the situation; however, he cautioned about choosing the appropriate size tree for replacement, preventing removal only after a short period o1' time if the tree planted was too large. He said he was supportive of having the applicant relnove the trees within a one year period on their own schedule. Com. Corr said that he concurred with Mr. Piasecki's suggestion limiting the impact on the parking spaces to 10 pement of the total parking spaces at any one time. Com. Chen said that a work plan should be developed that creates tile least impact on the tenants and customers. Mr. Cali illustrated on the site map a proposal to close off small islands and tile surrounding parking spaces in the center for short periods of time (3 or 4 hours) to remove a grove of trees, and then move on to the next island. Mr. Piasecki suggested also notifying the adjacent neighbors and tenants of the schedule and timing to take into consideration any concerns they may have relative to the operation of their business. MOTION: SECOND: VOTE: Com. Corr moved to approve Application 26-ASA-00 to remove and replace tile trees within a one year period; with the stipulation that no more than I 0 percent of the parking be impacted at any one time; and that notice be given to neighbors and tenants so they are aware of the schedule Com. Patnoe Passed 5-0-0 OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environment Review Committee: Com. Corr reported that no meetings have'been held recently. Housing Committee: Chair Kwok reported that tile January I Ith meeting was postponed due to lack of quorum. Items for the February meeting include updates from subcommittees of the Cupertino Housing Committee and staff on the teachers' housing, retaining affordability, and review of BMR rents; consideration of a $500,000 contribution to the Santa Clara County hot, sing trust fund; and consideration of a rental dispute resolution program similar to Los Gatos. Mayor's Breakfast: Com. Corr reported on the January meeting. Items included the discussion of the Sports Center; Library project; mortgage assistance program; Housing Committee report; Public Safety report; and Telecommunications Committee report.. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki welcomed the new Planning Commissioners Auerbach, Chen and Patnoe. He asked that commissioners planning to attend the March Planners' Institute in Monterey provide the Planning Commission Minutes 7 January 22, 2001 information to staff. Mr. Piasecki reported that Councilmember John Statton recently resigned to accept employment with Matin CounW. He also reported on his and Ms. Wordell's attendance at a City Council study session to discuss goals; and listen to a presentation byDeke Hunter and Ed Storm on the Town Center civic park proposal which was referred to the next City Conncil meeting for consideration. Mr. Piasecki explained the Planning Commissioner's role in the implementation and formulation of the General Plan. He said that staff would be attending a meeting with the City Council in February to outline a scope of work for the General Plan update. DISCUSSION OF NEWSPAPER CLIPPINGS: There was a brief discussion about the article on "IT is what's next." OTHER: Chair Kwok reported that a meeting relative to the Golden Gate annexation is scheduled for January 24th at Quinlan Center. Chair Kwok suggested that a Design Review Committee workshop be held for the new commissioners prior to an upeolning meeting. Com. Corr suggested holding a team building workshop in the near future; and also bring back the goals set for a future agenda. Chair Kwok announced that the Mayor's State of the City address was scheduled tbr January 31 st at 11:30 a.m. at the Quinlan Center. He also announced the annual recognition dinner for Commissioners was scheduled for February 9th. Com. Corr and Chair Kwok thanked former Planning Commissioner Jerry Stevens for his expertise and dedication to the city in his tenure as a Planning Commissioner. They also welcomed the newly appointed Planning Commissioners. ADJOURNMENT: The meeting adjourned at 8:07 p.m. to the February 12, 2001, regular Planning Commission meeting at 6:45 p.m. Respectfully Submitted, Recording Secretary Approvedaspresen~d: February l2, 2001