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PC 10-14-02CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 777-3308 AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 14, 2002 SALUTETOTHEFLAG ROLL CALL Commissioners present: Staff present: Auerbach, Chen, Saadati, Wong, Chairperson Corr Steve Piasecki, Community Development Director; Ciddy Wordell, City Planner; Peter Gilli, Associate Planner; Aarti Shrivastava, Senior Planner; Gary Chao, Assistant Planner; Eileen Murray, Assistant City Attorney APPROVAL OF MINUTES: None WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: Ms. Jody Hansen, CEO, Cupertino Chamber of Commerce presented a letter regarding the General Plan update. She read the contents of the letter into the record, which focused on the Chamber of Commerce's concern regarding the proposal to remove traffic lanes from Stevens Creek Boulevard relative to the downtown village concept. CONSENTCALENDAR: None PUBLIC HEARING Application No.: Applicant: Location: M-2002-06 YMCA of Santa Clara County 20803 Alves Drive Modification of a use permit (24-U-88) to locate a children's playground at the front of the property and extend the hours of operation. Planning Commission decision final unless appealed Com. Saadati noted for the record that he served as a volunteer Board member with the Northwest YMCA, and the assistant attorney ruled that no conflict of interest exists. Staff presentation: The video presentation reviewed the application for a modification of an approved use permit to locate a children's playground in front of the YMCA property and also extend the hours of operation. Currently the facility is operating outside of the approved hours. Staff recommends approval of the application. The decision of the Planning Commission will be final unless appealed within 14 calendar days. Mr. Gary Chao, Assistant Planner, reviewed the application and illustrated the location of the proposed playground. He reviewed the recommended mitigation measures outlined in the staff Planning Commission Minutes 2 October 14, 2002 report to address the neighborhood concerns about the noise from the pool building and from the outdoor activities, including fencing, operating hours for outdoor activities, installation of a quiet zone sign near the entrance to the parking area, and swim pool rear access door. Staff recommends approval of the application in accordance with the model resolution. Mr. Chao answered commissioners' questions relative to the application and the proposed mitigation measures. Com. Saadati questioned the distance between the swimming pool wall and the fence in the back. Mr. Chao indicated the distance to be 50 feet from the pool to the fence. Relative to the proposed fence, Com. Saadati asked if it was usual practice to install a low profile fence at the entrance to the parking lot in order to block people from entering properties. Mr. Chao said that was correct; he illustrated the fencing plan, stating that the site is secured by the 6 foot fence proposed along the basketball court and the entrance which leads to a driveway in the back. Tbe front fence is to prohibit cars and vehicles from entering into the back of the parking lot at night. He said in theory they could require a fence along the frontage of the property but it would be imposing to the public street and it is general policy to not have the project appear as gated. In staff's opinion, it is sufficient to address the disturbances and noise impacts. Com. Auerbach said it was stated in the overview that there is a master plan for the site, and questioned what the master plan envisioned in terms of playground. Mr. Chao said that the layout is about the same except that according to the master plan, there was racquetball courts along the back end; it used to be that the parking stalls for employees would be along the property line; it did not show a play structure on the site. Com. Auerbach said that it was a long term plan to allow replacement or upgrading of all those buildings eventually. Mr. Chao said it was correct. Com. Auerbach questioned whether there was a nearby facility for basketball and suggested posting signs indicating where the nearest court is. Mr. Chao said the fence was placed as a condition to address after hours playing ball in the basketball courts. Com. Auerbach said there appeared to be an unmet need for a place for the kids to play ball. Mr. Piasecki said that the complaints received related to playing basketball as late as 10:30 p.m. Com. Auerbach expressed coucem that the gate would be locked and impede traffic. Mr. Chao noted that the condition reads that the gates shall be left open during normal business hours and locked after hours; and YMCA staff would be responsible for enforcing it. In response to Com. Auerbach's suggestion to use "Do Not Enter" signs in the one way loop instead of gating it off, Mr. Piasecki said that the condition could be amended to state that signage would be attempted first. Relative to the tent used by the parents to view the children in the pool, Com. Auerbach said that the door was left open and questioned whether the door had to be locked during the day. Mr. Chao said that the applicant could address the issue of the locked door. He recalled that the tent was placed outside because the ventilation system was not operating at 100% capacity, hence the doors had to remain open. He said the parents had enough room to wait for their children indoors, and when the Iow wall is built, it can operate at 100% capacity and there would be no problem closing the door. Com. Chen asked for clarification on the public hearing process when a complaint reaches the public hearing level. She also asked what the city had to do to enforce the new rules. Mr. Chao said that when complaints are received, they are evaluated and if appropriate, they can be presented to the Planning Commission for review, or if there needs to be modifications of the conditions approved, it would be discussed at the meeting as well. In term of enforcemenL if needed, the Planning Commission can hold a public hearing to consider changing the conditions or revoke the use permit. Mr. Piasecki said that complaints would be referred to the YMCA for them to address, and it would not have to be brought to the Planning Commission. If they are not able Planning Commission Minutes 3 October 14, 2002 to address/resolve the complaint, it would be brought to the Planning Commission and under the condition, agendize a public hearing and advertise that the hours or conditions relating to that specific issue are being reconsidered. In response to Com. Wong's question about the type of fence, Mr. Chao said that it has not bee,~ specified, and the applicant would have to submit a fencing plan before the issuance of a building permit. Com. Wong suggested a wrought iron fence. Com. Wong questioned if the applicant was aware that the doors would be closed. He clarified the use of the tent for the parents viewing of the swim program. He questioned if the use ora sound wall would mitigate tile noise. Mr. Chao said that the applicant was aware of the condition relative to the closed doors. Ms. Ciddy Wordell, City Planner, said that the masonry wall idea has been discussed and it has been a cost issue. She said that there may be impacts that would warrant it, but it is a big expense for the YMCA and staff is cognizant of their limited funds to deal with the mitigation measures. Com. Wong said that the gate fences are being considered to deal with the trespassers in the evening playing basketball, and noted that it is difficult to find something in the middle to prevent people in the evening coming onto the YMCA property, but he felt it was a good suggestion. Chair Corr questioned the reason for the ending hour of 6 p.m. Mr. Chao responded that it was included in the noise ordinance and were the standard hours for activities and staff felt it was appropriate and reasonable to apply to the residential interface given the consideration of noise impacts. Chair Corr also questioned the condition calling for use of a "Quiet Zone" sign. Mr. Piasecki said that it may have an effect on the users to raise the awareness of users of the site that residential is next door. Ms. Cheryl Vargas, Executive Director of the Northwest YMCA, provided a history of the Cupertino facility. She addressed the areas of concern relative to location of the playground, hours of operation, noise impacts, and outdoor activities. She said that the facility has 3200 unit memberships; that the location of the play structure was in the front area to alleviate the neighbors' concern about being located right up to an immediate residence; said they have been opening at 5:30 a.m. for 10 to 15 years and have received minimal complaints about the early morning hours. She said the after hours activities is a trespassing issue and they would do their best to alleviate and eliminate any of that activity and were hopeful they could work it out from the community standpoint. She explained the HVAC operating system in the aquatic center; supervision of the playground area, and attempts to eliminate unwanted public activity on the property after hours. Ms. Vargas answered commissioners' question about operation of the facilities. Chair Corr opened the meeting for public input. Mr. Dick Gasperini, owner of a duplex located west of the YMCA facility, expressed concern about the increased activity, noise and traffic from the facility. He said the adult and youth activities combined with the attempt to put in a new children's playground drew the line on the density and use of the facility. He said it is unfortunate that the facility is surrounded by residences, but consideration should also be given to the community. He said he was opposed to any further development of the facility. Ms. Janice Burriesci, 20900 Aires Dr., said she was not invited to the August 5th neighborhood meeting concerning problems with the YMCA. She described the facility as an attractive nuisance surrounded by a 6 foot high fence, and said public funds were being utilized to address trespassing problems on a private park. She discussed her concerns about the excessive speed of motorists on Planning Commission Minutes 4 October 14, 2002 Alves Avenue, in spite of the speed bump and noted that there have been 2 pedestrian deaths on the street. She said the traffic on the street was very heavy and said people made illegal turns onto tile street. Ms. Burriesci said tile neighbors were opposed to having the playground out front and suggested that the children be housed indoors while their parents used the facilities. She also suggested that the YMCA have their own security personnel before they consider expanding tile size of the facility and extend their hours of operation. Chair Corr closed the public hearing. Com. Auerbach said that he did not have any issues with the proposal, and suggested the hours of operation be regulated similar to Mid Peninsula Open Space, 30 minutes after sunset or similar. He suggested giving more options to seeing how removal of the basketball rims works before a fence is required; and if not successful, require a wrought iron fence to match the child care area in the front. He also suggested a one way path with a chain across half of the drive (eutrance only), with a "Do Not Enter" sign on the exit, which could be accomplished without any change to the language. Mr. Piasecki suggested that it be written into the conditions that a chain could be installed across the exit if needed. Com. Chen said she was not opposed to the proposal, including the extension of the operating hours for the outdoor activities. She questioned if the city could offer more traffic calming measures to address the neighbors' concerns. Com. Saadati said he supported the addition to the facility and extension of the operating hours. Com. Wong said he supported the proposal for the playground and extended hours of operation. He said he felt the landscaping would help screen the playground from the street, and the mitigation staff suggested would help reduce the noise from the back area, caused primarily as a result of late night trespassers and also the motor homes parked illegally at night. He agreed with the suggestion about the chain link across the entryway, and if necessary, to extend it to the exit side. Chair Corr said he supported the addition of the playground. He said he felt fencing off both the entry and exit sides would work better than fencing off only one side. He suggested that tile hours of operation state until sunset rather than 6 p.m. MOTION: Com. Auerbach moved to approve Application No. M-2002-06 with the change to //6 to read: "The security fencing and gate shall include a 6 foot high wrought iron fence around the west perimeter should noise continue to be a problem after a period of 60 days" and with a further change to that same paragraph ... "shall be installed at the entrance of the parking lot set back 95 feet" and to add to that sentence ... "and also add a Do Not Enter sign on the exit and that the gate or chain shall be extended across the exit should the entrance gate prove insufficient after a period of 60 days" and Item 3: "Outdoor activity hours shall be limited to the hours of 9 a.m. and 30 minutes after sunset." Mr. Piasecki suggested wording in Item 3, in tile event complaints relating to the Monday to Friday hours .... should add the words "and may adjust the hours of operation or require other operational controls to reduce or eliminate the nuisance." Com. Auerbach accepted the change. Planning Commission Minutes 5 October 14, 2002 Com. Wong reiterated that if problems still exist, the neighbors contact tim city so that within 60 days the locked fence will be installed. SECOND: Com. Saadati VOTE: Passed 5-0-0 Application No.: Applicant: Location: TM-2002-03, EA-2002-16 Dick Cbildress 10690 S. Stelling Road Tentative map to subdivide an approximately 33,000 square foot parcel into three parcels ranging from 9,040 to 9,800 square feet. Interpretation that the front yard for Lot 3 is located at the south property line Planning Commission decision final unless appealed Staff presentation: The video presentation reviewed the application to subdivide a .76 acre parcel into 3 parcels in an RI-6 zoning district. Lot 1 will front on Stelling Road, Lot 2 is a flag lot, and will share an access driveway with Lot 3, both fronting onto Orline Court. As part of the application, each lot will be required to dedicate frontage or square footage to the City tbr street and sidewalk improvements on Orline Court. The proposal for tree removal and retention, and the request for front yard interpretation were reviewed also. Staff recommends approval of the application as outlined in the staff report. Mr. Chao reviewed the application as outlined in the staff report and answered commissioners' questions. Mr. Dick Childress, President of Debcor Properties, discussed the placement of the flag lot, and said that the proposed configuration was the most viable one since Stelling Road was heavily trafficked, and it would have less impact on the adjacent neighbor. He said be felt the three lot parcel was the best use of the property and was a suitable infill project for the city. He indicated that plans were to save the 24" cedar tree by having a jog in the public sidewalk, and to locate the driveways in order to preserve the oak tree. Ms. Wordell clarified that the developer would have to adhere to the standard tree protection detail, and a tree protection bond could be included in the conditions. Chair Corr opened the meeting for public input. There was no one present who wished to speak. Com. Chen said she supported the project, and recommended that the tree protection bond be added to the conditions. Com. Saadati said be supported the project and also recommended that the bond be included in the conditions. Com. Wong said he supported the project with a condition included for a tree bond. Mr. Piasecki recommended wording for Condition 4 relative to the tree bond: "The applicant shall submit a bond in the amount of $10,000 for each of the above referenced trees, to be released upon an arborist's report that the trees were not damaged during construct'on.' MOTION: Com. Wong moved to approve Application TM-2002-07, to include suggested wording relative to the tree bond Planning Commission Minutes 6 October 14, 2002 SECOND: Com. Auerbach VOTE: Passed 5-0-0 Application No.: Applicant: Application: U-2002-07, EA-2002-12 Cupertino Civic Center (Library) 10400 Torte Avenue Use Permit to demolish the existing library, construct a new 53,000 square foot library and a new 6,300 square foot Community Hall Center/Council Chambers, with accompanying hardscape and landscape improvements. Tentative City Council date: October 21, 2002 Com. Wong recused himself from discussion of the application as his family owned property in the vicinity of the civic center and deemed a conflict of interest existed. Staff presentation: Ms. Aarti Shrivastava, Senior Planner, reviewed the application to demolish the existing library and replace it with a new two story library, as well as construction of a new community hall. She reviewed the General Plan and zoning; design of the proposed library, community hall and plaza; traffic analysis; parking; tree removal; Storm Water Quality Management; and environmental review as detailed in the staff report. Staff recommends approval of the mitigated negative declaration and the use permit application in accordance with the model resolution. Relative to parking, Ms. Shrivastava said that the Town Center will not require parking on street, and will locate parking on their own site. They have been asked to provide angle parking in order to increase the number of spaces available. She also discussed the traffic cahning measures proposed. Ms. Shrivastava answered questions about the proposed tree removal and tree relocation. She said at this time the project does not include new trees in the parking lot, but it will eventually be done and add to the number of replacement trees. Staff feels that given the design requirements of the plaza, as well as the amount of planting that is being done around the buildings, and the future planting of the parking, it is an adequate replacement. Com. Auerbach said that 115 trees were being removed, and replaced with 75 trees. He questioned if a developer presented such a proposal to the Planning Commission, how many would they be required to plant. Ms. Shrivastava said that it was evaluated for the type of trees that are being removed and take into consideration the amount of footprint that the building needs to provide. In this case, there are a number of trees are being removed, but a large number are also being relocated, and as shown, there is a lot of planting around the buildings. Ultimately the plaza itself which had a lot of trees, will have a significant amount of planting. Sbe said there needs to be open space to allow for the activities envisioned for the area. Given the building footprints that have increased since the current plan, staff believes it is adequate. She said in the future, there will be planting added in the parking lot. In response to Com. Auerbach's request for an explanation of the cement board finish t~or tbe buildings, Mr. Childress discussed the materials used for the exterior of the buildings. He explained that the cement board finish is a material applied as a surface on the community ball and library to provide an air vent between the exterior and interior structure face to gain reduction in cooling and heating load. He noted that the windows were fixed glass operable panels, double glaze which meet or exceed the most restrictive requirements of Title 24. He said the structural engineer and geotechnical engineers have advised that the soil conditions are such that a slab on Planning Commission Minutes 7 October 14, 2002 grade with spread footings should be used for the foundation. Mr. Childress said that solar systems were considered initially, but because of cost reasons and technical reasons it was not compatible with the building. Com. Auerbach concluded by congratulating Mr. Childress on what appears to be a model building. Chair Corr opened the meeting for public input. There was no one present who wished to speak. Coin. Saadati said that be supported the proposed library facility. Com. Chen said that she supported the proposed project, and questioned if the Planning Commission would have the opportunity to review the operation and floor usage of the library. Mr. Piasecki said that the Library Commission would be responsible for the decisions relative to the usage and operation of the library. Mr. Childress noted that there were several alternatives relative to the book drop, which would be presented to City Council sometime in November. Coin. Auerbach suggested that consideration be given to book drops throughout the community so that the drive through traffic from the book drops would not be concentrated in one area. Com. Auerbach said he supported the library project and commended the architects and designers for the excellent job on the state of the art in passive solar design, building design and materials. He expressed his disappointment in the missed opportunity with the restoration of the creek. Chair Corr said MOTION: SECOND: ABSENT: VOTE: that he supported the project. Com. Chen moved to approve the mitigated negative declaration EA-2002-12 Com. Saadati Com. Wong Passed 4-0-0 MOTION: SECOND: ABSENT: VOTE: Com. Chen moved to approve Use Permit Application No. U-2002-07 in accordance with the model resolution Com. Saadati Com. Wong Passed 4-0-0 Com. Auerbach suggested a minute order to cover issues relative to the drop off box, more trees and possible endorsement of passive solar techniques and evaluation of trade offs between capital expenditures up front and the long term operating costs associated with that. A brief discussion ensued regarding the most workable solution for the book drop off. Mr. Piasecki commented that the library staff felt that the drop off should be located on the library site and not in various areas throughout the community to be picked up by a library courier or service. Chair Corr said he felt the message to the City Council should be that there are concerns about the book drop off issue as it has not been addressed and nothing has been seen. He indicated that approval of the library does not include approval of the book drop off. Chair Corr questioned if the additional trees in the parking lot were being included as an add alternate or not on the list at all. Mr. Childress said they were being considered as an add alternate. Mr. Piasecki suggested including in the minute order action that staff should be encouraged to seek grants for creek restoration and trail. Chair Corr said that daylight and passive solar techniques not be Planning Commission Minutes 8 October 14, 2002 compromised in the plan, and agreed that it should be added that staff seek grant fimding to restore the creek and provide a trail. MOTION: Com. Auerbach moved approval of a Minute Order to address the issue of a book drop off box in a suitable location; placement of additional trees in the parking lot; staff to seek funding to restore the creek and provide a trail; and that daylight and passive solar techniques not be compromised in the plan. SECOND: Com. Saadati ABSENT: Com. Wong VOTE: Passed 4-0-0 Com. Wong returned to the meeting. Application No.: Applicant: Application: Z-2002-03, EA-2002-20 City of Cupertino Randy Lane and Larry Way between Lucille Avenue and Merritt Drive Consideration of an extension of an urgency ordinance, not to exceed six months, to rezone approximately 19 acres, consisting of 68 single-family residences from AI-43 Agricultural- Residential Zone and R1-7.5 Single Family Residence Zone to the P(A1) Planned Development Zone with Agricultural-Residential Intent Tentative City Council date: October 21, 2002 Staff presentation: The video presentation reviewed the application for an extension of all urgency ordinance to rezone approximately 19 acres of 68 single family residences from AI-43 Agricultural-Residential zone and R1-7.5 Single Family Residence zone to the P(AI) Planned Development zone with Agricultural-Residential Intent. The interim ordinance was enacted upon on September 16, 2002 and expires on October 31, 2002. An extension of the ordinance is requested to enable the neighborhood study group and staff more time to comprehend the nua,~ces of the interim regulations. Staff recommends approval of the application. Mr. Peter Gilli, Associate Planner, reviewed the background of the application as set forth in the staff report. He explained that the interim ordinance rezoned the entire area to a plmmed development with Al as the underlying zone. The interim ordinance takes the AI regulations and the RI regulations and applies whichever specific rule is more restrictive. In tile case of this neighborhood, the A1 setbacks are greater than the R1 setbacks, so those will be applied and the R1 has more stringent regulations on second story development. Also because it is a planned development, there will be a public hearing for all additions or new construction and it will go to the Design Review Committee, and all properties within 300 feet of the subject site would be notified of any addition or new house. He pointed out that the combination of Al and RI and applying whichever is more restrictive is based on something in tbe R1 ordinance where if oil a property that has significant slope, and a certain amount of improvements are being done in the area with a lot of slope, RI and RHS are both applied, whichever is more restrictive. He said tbere was overall general support from the neighborhood group and an understanding that it is an opportunity to amend their regulations in a way that meets their goals. When the group inet on October 9~h, they agreed that a three month extension to the end of January 2003 would allow them to understand the ramifications of the extension; and if it is not in the neighborhood's interest, then they could allow it to expire at that time, or if they feel the interim ordinance is in their Planning Commission Minutes 9 October 14, 2002 interest, it can be extended another period. State law allows for two extensions: therefore a second extension would be permissible if necessary. Mr. Gilli read a petition just received and signed by 10 residents from Randy Lane supporting the extension of the ordinance. Staff recommends approval of the extension to Ordinance 1902 to January 31, 2003. Cbair Corr opened the meeting for public input. Mr. Geoffrey Paulsen, 10557 Randy Lane, commended staffon their excellent work aud expressed bis appreciation to the Planning Commission for the opportunity for the neighbors to work together. He said he felt it would produce a sense of neighborliness iu the community and hopefully will provide a zoning ordinance that works well for both the neighborhood residents and the city. Chair Corr closed the public input portion. Com. Wong expressed concern about the ordinance being too restrictive, and said lie would like to hear more input from the three persons opposed to the extension; and it would provide them the opportunity to get together. He said he had reservations about the application and would like to continue and see what the community input is. Com. Saadati said he supported the extension for another three months. He said lie was hopeful that a resolution would result from the meeting of the community. Com. Chen said she supported staff's recommendation. Com. Auerbach said he attended the meeting of the residents, and echoed the comments made about staff's excellent work on the project, and for the residents' attendance at the meeting. He said he supported the extension of the ordinance. Chair Corr said lie also supported the application. MOTION: SECOND: VOTE: Com. Auerbach moved approval of Application Z-2002-03 and EA-2002-20 Com. Saadati Passed 5-0-0 OLD BUSINESS: None NEW BUSINESS: 5. Consideration of cancellation of December 23, 2002 Planning Commission meeting. MOTION: SECOND: VOTE: Com. Wong moved to cancel the December 23, 2002 Planning Commission meeting Com. Chen Passed 5-0-0 Planning Commission Minutes 10 October 14, 2002 REPORT OF THE PLANNING COMMISSION: Environmental Review Committee: Chair Corr said he was unable to attend tile meeting. Ms. Wordell attended the meeting and reported that tbe items discussed included the new library facilities. Housing Committee: Com. Cben had no report. Mayor's Breakfast: Com. Wong reported that the Teen Commission encouraged residents to visit their website; the study session on the downtown village was discussed; Parks and Recreation discussed the Stevens Creek Trail; 4th of July celebration was discussed; the Public Safety Commission reported oll their visit to the City of Saratoga; and Telecommunications Commission reported that the AT&T contract was in the process of being updated, aud the possibility of the educational channel and DSL coming to Cupertino. The Library Commission distributed information on the closure of the library on November 17, 2002 and new temporary facilities on Bandley Drive will open December 16, 2002. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki said a copy of the Godbe survey relative to Blackberry Farm was included in the staff report. He reported that the joint study session with the City Council relative to the downtown village plan would be held; and reported on his attendance at the Cal Chapter APA meeting in San Diego. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: The meeting adjourned at 9:20 p.m. to the regular Planning Commission meeting on October 28, 2002, at 6:45 p.m. Respectfully Submitted, Recording Secretary Approved as amended: January 13, 2003