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PC 04-09-01CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON APRIL 9, 2001 SALUTE TO THE FLAG ROLL CALL Commissioners present: Auerbach, Chen, Corr, Patnoe, Chairperson Kwok, Staff present: Steve Piasecki, Durector of Community Development; Ciddy Wordell, City Planner; Colin Jung, Senior Planner; Vera Gil, Senior Planner; Raymond Chong, Traffic Engineer; Eileen Murray, Assistant City Attorney APPROVAL OF MINUTES: Minutes of the March 26, 2001 regular Planning Commission meeting MOTION: SECOND: VOTE: Com. Patnoe moved to approve the minutes of the March 26, 2001 Planning Commission meeting as presented Com. Auerbaeh Passed 5-0-0 POSTPONEMENTS/REMOVAL FROM CALENDAR: None V(RITTEN COMMUNICATIONS: Chair Kwok noted receipt of a letter from George Monk relative to his opposition to removal of the lakes at the Lake Biltmore Apartments. Mr. Piasecki noted for the record that the applicant appealed the Planning Commission's decision to the City Council. ORAL COMMIINICATION: None CONSENT CALENDAR: Chair Kwok noted for the record that he was a long-time member of St. Joseph's Church, and also a member of the finance committee; and was advised by the City Attorney that no conflict of interest existed relative to the project, and he could vote on the project. Application No.: Applicant: Location: 09-ASA-01 St. Joseph's of Cupertino (Diocese of San Jose) 10110 No. DeAnza Boulevard Planning Commission Minutes 2 April 9, 2001 Architectural and site approval for replacing existing windows with stained glass windows Postponed from meeting of March 26, 2001 Application No.: Applicant: Location: 08-ASA-01 Cupertino Community Services Vista Drive Architectural and site review for design details of an approved housing development, related to railings, eaves and entries. Planning Commission decision final unless appealed MOTION: SECOND: VOTE: Com. Corr moved approval of the Consent Calendar items Applications 09-ASA-01 and 08-ASA-01 Com. Auerbach Passed 5-0-0 PUBLIC HEARING Application No.: Applicant: Location: 10-U-S5(M) City of Cupertino 20195 Stevens Creek Boulevard Use permit modification request by adjacent residents to remove the Randy Lane meridian required as a condition of approval for an existing office building Planning Commission decision final unless appealed. Staff' presentation: The video presentation reviewed the application to remove the four fbot wide median on Randy Lane which was installed in 1985 to prevent traffic from turning left out of the complex. Presently when delivery trucks are parked in the area, there is not sufficient clearance with the median in place, and northbound vehicles are forced to travel in the southbound lane and delivery trucks travel into the neighborhood to turn around. The Deputy Fire Marshal also feels that the reduced clearance could hamper emergency response for the area. Staff recommends approval of the application; the Planning Commission's decision is considered final unless appealed. Mr. Raymond Chong, City Traffic Engineer, clarified that the proposal.was to remove the mediau island on Randy Lane, not to remove the barrier on the other side of Randy Lane. Referring to the location map, he illustrated the location of the median, the property that had the condition imposed, and the Woodworks storage shed, and the office building. Mr. Chong said that the Deputy Fire Marshal has requested that the median be removed because of the safety factor and a petition has been submitted by the residents to delete the condition and remove the median. The applicant spoke later in the meeting. Chair Kwok opened the meeting for public comment. Mr. Henry Lyne, 10154 Randy Lane, said that the median created a hazard when the trucks stopping to unload furniture block the side of the road; and the trucks have to go down to the cul de sac to turn around. He presented photos illustrating the blockage caused. Mr. Lyne pointed out Planning Commission Minutes 3 April 9, 2001 the safety factor with the large trucks turning around in an area occupied by small children. I[e requested that the median be removed because of safety factors. He commented that the residents surveyed were all opposed to the median. Mr. Gerald Tseng, 10134 Randy Lane, said that because of his house location, he was impacted by the large trucks making turns on his street. He questioned why such large trucks used the street since there was a size restriction sign at the entrance to the street. Mr. Chong clarified that the restriction was not enfomeable for trucks delivering to the Woodworks because their intended business was in the neighborhood. Mr. Tseng also expressed concern about trucks and cars in the merchandise pickup area and the problems they caused with open doors and blocking traffic flow. Mr. Chong said that removal of the median would allow ample room for the delivery trucks to back into the Woodworks driveway and not use the neighborhood streets for turnaround. Mr. Jim Nappo, 10124 Randy Lane, summarized that the problems encountered included traffic hazards with people driving to the left of the median; truck turnaround in front of the houses; and no benefit to retaining the median. He said that if the median was removed, the trucks would be able to turn and back into the lot for unloading and then pull out and go onto Stevens Creek. Chair Kwok closed the public hearing. Com. Auerbach noted that the issue was an example of extraordinary measures being taken to appease concerns about development and traffic flow in advance of identifying any real problem being identified. MOTION: SECOND: VOTE: Com. Auerbach moved to approve Application 10-U-85 Com. Patnoe Passed 5-0-0 Application Nos.: Applicant: Location: 02-Z-01 and 06-U-97(M) Brian Kangas Foulk 23657 & 23667 Black Oak Way Rezoning and modification of a use permit to change approximately 3000 square feet from the Forum property P (Institutional) to Oak Valley Properties P (Res) Tentative City Council Date: May 7, 2001 Staff presentation: The video presentation reviewed the application for rezoning and modification of the use permit to transfer 3,220 square feet of Forum property to two lots in the Oak Valley Development, as outlined in the staff report. Staff feels that the extension of the lots is a logical configuration for the area. Staff recommends approval of the application; the application will be presented to City Council on May 7, 2001. Ms. Ciddy Wordell, City Planner, reviewed the issues: rezoning of the Forum property lbr the small area from institutional to residential; amend the Oak Valley use permit to show the lots would be expanded; and lot line adjustment at staff level. She referred to an aerial view of the area which illustrated the fence lines of the two lots, which does not interrupt any developed use and staff'feels would not be a precedent for other lots along those property lines being able to take advantage of a similar opportunity. Staff feels that it is a unique situation, that the property would Planning Commission Minutes 4 ' April 9, 2001 be evened out and it was not a useful area for other kinds of uses and other properties would not be able to take advantage of the situation because of the road. Staff recommends approval of the application to the City Council. Ms. Margaret Netto, representing Brian Kangas Foulk, said she was available to answer questions. Chair Kwok opened the meeting for public colmnent. Ms. Wendy Chartoff, Oak Valley Road resident, presented photos of the homes iu the area, and said that one of the two homes requesting lot extensions had already completed the lot expansion and were just now requesting permission to do so, which was not the proper process. She noted that there were several other homes in the development that could extend their lot lines, and she reiterated that they were not following the law. She said she also felt it would set a precedent to allow the two homes to extend their lot lines. Ms. Wordell explained that one of the property owners bad proceeded to expand their lot line prior to the application, and was now seeking approval of the application. She said she did not feel it would set a precedent as there were not other similar opportunities, and they could not go into public open space lands which are adjacent to some of the lots, nor use of space that was nseful to the Forum or any other entity. She said the property in question was unique and small in size. Chair Kwok said it was important that the public be aware of the appropriate rules to follow and not move forward on projects without receiving approval beforehand. Ms. Chartoff referred to the photos and pointed out that the expansion of two lots was not small in her opinion. Ms. Wordell noted that the untended area of Forum property was at the edge of the property and was not put to use presently. Com. Auerbach confirmed that the area was tmused and inaccessible at the boundary of the Forum property. Chair Kwok closed the public hearing. Com. Auerbach said he was not opposed to the application as it was a unique situation. Ifc expressed concern about more lands being consumed by potential lawn, not directly related to the present issue, and said that lot 38 to the south had a large amount of green effluent corn lng off the landscape into the culvert which dumps into the State of California land, at the end. MOTION: SECOND: VOTE: Com. Chen moved to approve Application 02-Z-01 and 06-U-97(M) Com. Corr Passed 5-0-0 OLD BUSINESS 6. Discussion of Planners Institute March 21-23, 2001; Monterey, California Com. Auerbaxh provided a summary of his written report (distributed in the agenda packet) on the recent Planners Institute. Henry Cisneros was the keynote speaker; his main point being that not enough housing was being created in relation to jobs. He reviewed the presentation on the General Planning Commission Minutes 5 April 9, 2001 Plan Process, Planning Tools and CEQA, Open Meetings and Conflict of htterest, Design hmovations, lnfill Development, Private Property Rights vs. Community Goals, and closing talk by Ron Sims. He thanked staff for making the arrangements and the City for affording the attendees the opportunity to attend the Institute. Com. Corr commented on the presentations at the Institute. Com. Patnoe concurred with Com. Auerbach's comments and highlighted areas of attendance. He thanked staff for making the arrangements. Com. Chen echoed comments on the various presentations and thanked staff for their assistance in making the arrangements. Chair Kwok reported on the Smart Growth presentation and thanked staff for their help in making the arrangements. NEW BUSINESS: 7. Application 02-SP-01: Annual Traffic Review. Report from Ray Chong. Mr. Chong reported that the Level of Service standard (LOS) for the City of Cupertino was Level D, with the exception of DeAnza/Stevens Creek and DeAnzaJBollinger which is E+. He reviewed the grading system as noted in the attached staff report. He referred to the Tables for 2000 Intersection Level of Service for the AM and PM peak hours, and noted that DeAnza and Homestead during the AM peak hour was the worst intersection during the AM peak hour, operating at LOS D. He reviewed traffic comparisons in 1999 and 2000, and reported that traffic conditions in Cupertino have improved; and pointed out that with the addition of State Route 85, traffic has decreased throughout the city and the diversion of traffic away from Cupertino has improved, which accounted for the improvement in traffic. He said there were projects in progress to improve the traffic flows. Staff recommends acceptance of the traffic report. In response to Chair Kwok's question, Mr. Chong explained that tile LOS for tile corner o1' Stevens Creek and DeAnza was a D+ because it is a major intersection in town, called a Congestion Management Program intersection, with the heaviest volumes entering in an intersection, with three lanes going east and west, four lanes going north and south, and double left turns on all approaches, as well as being a major intersection in the Heart of the City. Mr. Piasecki likened the streets to watersheds for rivers and creeks with the particular one hooked tip to a freeway, being a major connection through Sunnyvale. Mr. Chong said that in the overall pictnre, state route 280 was at the north side, the west side with state route 85, east side with Lawrence Expressway, locking in the center in the heart of traffic. Relative to the light at Bollinger and Miller which is controlled by the city of San .lose, Com. Patnoe questioned what options the city of Cupertino had to control it and help with the flow in that area. Mr. Chong said that Cupertino and San Jose had joint ownership of the intersection; Cupertino maintains DeAnza Boulevard in cooperation with the city of San Jose, and San Jose takes care of the signals at Bollinger Road. It is a win-win situation, splitting the responsibility. He said at this point staff has no interest in taking on the responsibility of Bollinger Road and Miller Avenue, and are content with the D rating. He noted that the problem on Miller Avenue is that there is only one southbound through lane which is the bottleneck, but is San Jose's responsibility. Mr. Piasecki noted that if the LOS was reduced to a C, it would merely attract more traffic because of the improved flow. Com. Auerbach noted that the map did not extend into the Rancho Rinconada area, and there is a light at Tantau and Bollinger, and said Bollinger Avenue would merely become Bollinger Expressway quickly because it is wide enough with very few lights. Mr. Piasecki indicated that Planning Commission Minutes 6 April 9, 2001 the purpose of the approval of the traffic report is merely that the Planning Commission has been informed of the information. Com. Corr noted that a wide disparity in the traffic flow existed within a two hour time period at the corner of DeAnza and Stevens Creek, and based on his recent experience in that particular area and time period, he felt that level D was an acceptable level. Chen questioned how the 16 intersections were selected in 1990, and increased to 20 after the opening of the west valley freeway. Mr. Chong sai.d that the predecessors in 1990 designated the major intersections to study, and with the opening of state route 85 added 4 more to increase tile number to 20. In Santa Clara County the Congestion Management Program (CMP), prescribed by the Santa Clara Valley Transportation Authority designates the major intersections in Cupertino; there are 15 CMP intersections which are included in the city's analysis in the annual review with the VTA. Com. Chen questioned what criteria is used to request the transportation impact analysis report. Mr. Chong explained that the city has guidelines consistent with the VTA; the LOS analysis is addressed, looking at queue spill back, critical movements, actual conditions that could be projected in the future, and based on the analysis, conclusions reached of required mitigation measures or corrections. If the intersection reaches LOS E, the project would be tied to making a condition to improve that level of service. The rule of thumb is that if it generates more than 100 peak hour trips as a threshold, and depending on the nature of the project, whether it is controversial or a hot spot, staff would prescribe or require the developer to do a transportation pack analysis, work with the case planner and developer, and consultant to define the scope of work, i.e., whether it is parking issues or neighbor traffic. Mr. Piasecki said it was a prime example of what is occurring now with tile Town Center proposal, when they move forward since they are in the process of completing their package, doing tile traffic work to have the information before they go to the public, so they can inform what the impacts are and what they are doing about it. A very extensive traffic report is being done, looking at more than just VTA guidelines, but also neighborhood intrusion potential, and it' they can they improve things. He said that it should not always be assumed that bad traffic is a given, but perhaps reassess traffic in the area and see if changes should be made to actually improve the flows. The Planning Commissioners, Mr. Piasecki and Ms. Wordell expressed their appreciation to Mr. Chong for his expertise and excellent working relationship with the commissioners and staff upon his leaving the City of Cupertino staffto accept employment with the City of Fairfield. MOTION: SECOND: 'VOTE: Com. Patnoe moved to accept the Annual Traffic Review Com. C0rr Passed 5-0-0 REPORT OF THE PLANNING COMMISSION: Environmntal Review Committee: No meeting Housing Committee: Meeting to be held Thurs. April 12th. Planning Commission Minutes 7 April 9, 2001 Mayor's Breakfast: Next mayor's breakfast is April l0th. Other: Com. Auerbach presented the video shown at the recent Land Use Seminar sponsored by the Santa Clara Valley Water District. REPORT OF TIlE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki reported that the General Plan study session is scheduled for April 30, 2001 from 3:30 p.m. to 7:30 p.m. Mr. Piasecki reported on the death of Bill Kimpton, and noted that the botel ground breaking was postponed. Construction of the hotel is underway. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: The meeting adjourned at 8:20 p.m. to the regular Planning Commission meeting at 6:45 p.m. on April 23, 2001. Respectfull{y Submitted, Recording Secretary Approved as presented; May 29, 2001