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PC 03-25-02CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 AMENDED MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MARCH 25, 2002 SALUTE TO THE FLAG ROLL CALL Commissioners present: Auerbach, Chen, Saadati, Chairperson Corr Staff present: Steve Piasecki, Director of Community Development; Ciddy Wordell, City Planner; Colin Jung, Senior Planner; Eileen Murray, Assistant City Attorney. APPROVAL OF MINUTES: February 11, 2002 Regular Planning Commission meeting: MOTION SECOND VOTE Com. Auerbach moved to approve the February 11, 2002 Planning Commission minutes as presented Corn. Saadati Passed 4-0-0 February 25, 2002 Regular Planning Commission meeting: MOTION: Com. Chen moved to approve the February 25, 2002 Planning Commission minutes as presented SECOND: Com. Auerbach ABSTAIN: Chair Corr VOTE: Passed 3-0-1 WRITTEN COMMUNICATIONS: Chair Corr noted that the Riparian Renaissance Workshop had been rescheduled to June 5, 2002. He also noted receipt of the ABAG invitation to the Challenges of Growth 2000 Regionopoly, the Spring General Assembly in San Francisco on April 25, 2002. POSTPONEMENTS/REMOVALS FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: Application No.: Applicant: Location: EXC- 1999-10(M) Derek Fluker 22811 San Juan Road Planning Commission Minutes 2 March 25, 2002 Time extension for a hillside exception consisting ora 2,953 square foot residence on a prominent ridgeline, development on slopes greater than 30%, height exception, front setback exception, and a parking exception to have less than four functionally independent parking spaces. MOTION: SECOND: VOTE: Corn. Saadati moved to approve the Consent Calendar Com. Auerbach Passed 4-0-0 PUBLIC HEARING Application Nos.: Applicant: Location: U-2002-01; EA-2002-02 Chicago Pizza & Brewery, Inc. 10690 No. DeAnza Blvd. Use Permit to demolish an existing 9,079 square foot restaurant and construct an approximatcly 8,350 square foot restaurant and bar with 406 indoor and outdoor seats. Tentative City Council date: April 1, 2002 Rtnff preqenraticm: The video presentation reviewed the application for a Use Permit to demolish the existing Peppermill restaurant building and replace it with the new BJ's restaurant and bar, as outlined in the staff report. Staff recommends approval ofihe negative declaration and approval of the use permit in accordance with the model resolution. Mr. Colin Jung, Senior Planner, reviewed the application to demolish the existing building and build a new restaurant and bar, and extend the hours of operation to 2 a.m., 7 days per week. He noted that the issues were parking, traffic, tree removal, general design, and late night hours of operation. Mr. Jung said that the site cannot meet its entire parking requirement based on the onsite parking; therefore staff has requested the applicant secure as a condition ol' approval an easement for 11 surface parking stalls, which the property owner will provide to the restaurant I~.u' after-work hours, holidays and weekends. Referring to the site plan, Mr..lung discussed the tral'fic impacts and floor plan as noted in the staff report. He then reviewed the general design, clcvations and landscape plan as outlined in the staff report. He noted that because the footprint o1' thc proposed restaurant differs from the Peppermill, the applicant is asking to remove ten trees, seven considered to be spechnen-sized trees. He illustrated the location of the trees proposed to bc removed. Mr. Jung answered Commissioners' questions relative to the application. Mr. Jung said that the trees being removed were redwood trees, which are I~st growing in a short period of time. Staff is requesting 24 inch box trees as replacements, and noted that the Planning Commission could request certain trees be placed in certain areas. Relative to tile traffic impacts, he said that since the restaurant was not open for breakfast, they did not anticipate traffic impacts in the morning hours. Com. Auerbach said he felt more agreement was needed between tenants who operate udjaccnt properties to allow more even flow parking across the various lots. He said the issue should bc kept in mind when addressing the downtown village concept, so that they don't crowd every building with a parking requirement, particularly when offset hours are involved. During thc restaurant dinner hours, most of the Apple parking lot would be vacant as employees would be gone. He said he was concerned with they anticipate the actual use of the parking rather than thc theoretical. Planning Commission Minutes 3 March 25, 2002 Mr. Jung said he understood the concerns, and said that the applicant nray need to secure a parking arrangement for shared parking with Apple in the future. Presently, the applicant does not meet the parking code with the eleven additional parking spaces. He said it was hopeful that there would be more pedestrian traffic from the Apple campus and adjacent office buildings going to tile restaurant, versus driving to the restaurant. Com. Auerbach said it was important to address what they felt was the likely foot traffic and make sure that the access was available. Com. Auerbach questioned whether as part of the easement to the building, there should be a monument sign on Mariani Avenue signaling entrance to the building. Mr. Jung said that the city requires signagc to be on the property itself, and a monument sign in that particular location would constitute off'site signage which the city does not permit. Mr. Piasecki said that an option might come up with a small directional sign, handled through an exception. Relative to tree planting, Com. Auerbach said he was concerned that, because of the rate redevelopment, trees hardly have a chance for maturity before they are cut down because ol'a new development, and also trees are taken if there wasn't adequate room ['or them to reach maturity or they are too close to the buildings; or when they do reach maturity, they had to be removed or severely pruned back. He said he wanted assurances that would not happen. He said he also I'clt that the parking planters were notoriously small for trees to reach full maturity. Mr. Jung rcl'crrcd to the site plan and illustrated the areas in the back of the restaurant and the north side where staff' was considering trees that reach a high height at maturity, noting that the other areas were too small for growing zones. Mr. Jung said that he was satisfied that that there is su['ficient room I'or the large trees to the north and east to reach maturity and not have to be oddly trimmed to be away from the building. Mr. Dean Gary, Sr. Vice President of Design, Chicago Pizza & Brewery, clarified the hours operation were 11 a.m. to 11 p.m. on Monday through Thursday; and II a.m. to 10 ll.m. on Sundays; and 11 a.m. to 1 a.m. on Fridays and Saturdays. He said they chose not to closc at 2 a.m. because it attracted more bar patrons than restaurant patrons, which was not their inteut. IIc clarified that the mechanical element was 1-1/2 feet lower than the actual height of the building, and the mural would be lit with MR16 Iow profile lighting. He said he was willing to work with Apple on the shared parking agreement, and would work with directional signage as discussed. Mr. Gary provided a background of the history of the BJs restaurants which are located iu So. California, Boulder Colorado, Chandler Arizona, Portland Oregon, Washington and Hawaii. Chair Corr opened the meeting for public input; there was no one present who wished to speak. Com. Saadati said he liked the exterior design and the mural, but was concerned about rcmoval ol' large trees. He said it appeared that there were enough trees remaining on the site as a whole, and the impact was minor. He said he was pleased to see the new restaurant to replace the I)cppermill, which would help make the area active. Com. Saadati said he was not concerned about tral'fic. Com. Auerbach said he was pleased that the new restaurant would enhance the area and be ol' benefit to the people employed in the area. He recommended additions to the use agreement to have the backflow approved by staff or some other naechanism to make sure it is located in another area as well as the transformers, etc. He directed the applicant to seek a nlonunlent sign, not as a requirement, but that a good faith effort be made with Sobrato for permission to put a sign there. Mr. Piasecki suggested using the terminology "directional sign" to ensure that it would bc smaller in scale and aimed at traffic direction. Com. Auerbach expressed concern about last Planning Commission Minutes 4 March 25, 2002 minute changes when equipment may not be available or problems arise when things don'! meet specs. He recommended that there be a mechanism for approval of the mechanicals being below the parapet line. Mr. Piasecki responded that a condition could be added to give staff' authority to raise the parapet height to compensate should the problem arise. Com. Auerbach recommendcd the condition be added. Com. Chen concurred on the need for a directional sign; and said she did not have any other concerns. Sbe said the redesigned building was appropriate and she looked lbrward to dining at the new restaurant. Chair Corr said he agreed with Com. Auerbach's comment about the trees and said he hopcd that the trees along the south side are appropriately sized to avoid having a permit submittcd to rcmovc the trees in about two years. He said a directional sign was appropriate but not a business sign in that area, as it would not be seen by passers by. He said he supported the application. MOTION: SECOND: VOTE: Com. Auerbach moved approval of Application EA-2002-07 Com. Saadati Passed 4-0-0 There was consensus that the closing hour for the restaurant be 2 a.m. as it was itl keeping with thc city zoning. MOTION: SECOND: VOTE: Com. Auerbach moved to approve Application U-2002-01, as amended; including that the rooftop equipment shall be located below the parapet line ol' thc building (staff to have discretion of raising parapet height if necessary to ensure screening); the locations of all utility structures shall not be highly visible to thc public rights of way, and shall be approved by the Director of Community Development; and the applicant should seek a directional sign for thc Mariani Avenue driveway. Coin. Chen Passed 4-0-0 Application No.: Applicant: Location: MCA-2002-0 I City of Cupertino Citywide Amendment to Chapter 19.100 of tile Cupertino Municipal Code regarding definition ot' setback line. Tentative City Council date: April 15, 2002 Rta~ef preqentntlcm: Ms. Ciddy Wordell, City Planner, explained the purpose of the amendment to Chapter 19.08 of the Cupertino Municipal Code regarding definition of setback line. She said thc issue was there are situations where people's property lines extend into private roads, and thc city has a provision for setback from public rights-of- way but not from private roads. She said theoretically the building could be up to the edge of the line illustrated and the structure could be on the edge of the road. She said because it almost occurred in one case aad the property owner voluntarily agreed to set it back further, staff needed more leverage. Ms. Wordell said that thc proposal is to add the words "private road" to the definition of setback lines, so that the setbacks would have to be from the edge of a private road as well as from public rights of way. Ms. Planning Commission Minutes 5 March 25, 2002 Wordell said that the definition of private road and the passageways within a planned development or apartment complex are considered private roads. She also said that planned developmcnts have their own set of rules. Com. Auerbach said the second case scenario would be a private road essentially functiouing as an alleyway and asked how it would affect the ability for people to put fences next to the road rather than just buildings. Ms. Wordell said that she was unsure if an alleyway would be a road; and one reason that the city did not require setbacks from just access easements was that it might discourage people from granting easements if someone did need to get from property to properly. She said it addresses the streets and roads so that at the public goes by, they are not aware that there is a structure on the road. If it was located at the rear, it might be more of an easement rather than road, and would not be the same. She said she did not feel it would be a problem. Com. Auerbach expressed concern about getting into situations where clearly neither thc applicants nor people using the road would not care if some types of structures were that close. I Ic questioned whether it would be worthwhile to add a clear definition of private road. Ms. Wordcll responded that it was self explanatory, since there were public roads and private roads; und it is one or the other. Ms. Wordell said that maintenance of the private roads was usually covered by a maintenance agreement among the property owners; reciprocal agreements if approved now, and more inl'ormal agreements for the older ones. Com. Chen questioned in the event of redevelopment, where there is no sidewalk, was there a provision in the ordinance to require the property owners to put in a sidewalk. Ms. Wordell said that in subdivisions with private roads, sidewalks could be rcquircd as part of the subdivision. She clarified that in a pIanned development such as Seven Springs with many private roads, the applicant would apply for a modification to the use permit and thc city would retain control. She said that an applicant who felt they should be building closer to thc private road could come in for an exception which could be reviewed and either approved or denied. Chair Corr opened the meeting for public input; there was no one present who wished to spcak. Com. Chen said she supported the change. Corn. Auerbach said that he supported the change; but felt in the future someone would return for a definition of private road vs. an access/casement. Com. Saadati and Chair Corr said they supported the change. MOTION: SECOND: VOTE: Com. Auerbach moved approval of Application MCA-2002-01 Com. Saadati Passed 4-0-0 NEW BUSINESS: Com. Auerbach discussed the issue of the Riparian Renaissance, which lac was planning to attend. He recommended that a staff member also attend. REPORT OF THE PLANNING COMMISSION: Chair Corr questioned whether a review of the Monta Vista plan was scheduled lbr an upcoming meeting. Ms. Wordell said that it was not on the work program, but that it could be bandied through the General Plan if they wanted to either change the policies or create a policy to look at the new aspects of it. Com. Auerbach said he had raised that point and it was bis intention to raise Planning Commission Minutes 6 March 25, 2002 it through the General Plan. He reiterated that he felt they should have more area specific plans for different neighborhoods and to the extent that those neighborhoods want to be included, hc did not feel they should just come in a review the plan, but have a policy of creating area spccilic plans and having a policy of refreshing those area specific plans from time to time and revisiting them. He said the Monta Vista plan is 15 years old, and it would be appropriate to do it in thc context of the General Plan, and when the General Plan is completed, one of the many work products that will come out of that will be a notion of revisiting those plans and perhaps Monta Vista could be one of the first. Chair Corr also requested that summer meeting dates be agendized tbr an upcoming I>lanning Commission meeting. Environmental Review Committee: Chair Corr reported the committee had not met. Housing Committee: Chair Corr reported that the Housing Commission had a special meeting this evening in preparation for a study session with the City Council on April 15 to discuss thc Below Market Rate Program. Since Mr. Patnoe resigned from the Planning Commission, a representative is needed to attend the Housing Commission meetings. Com. Chcn said she would attend the next Housing Commission meeting (second Thursday of each month, at 6 p.m.) Mayor's Breakfast: Com. Saadati reported on the meeting he attended: A new lire truck purchased for Public Safety; discussion about graffiti (spray paint in some local stores readily available for purchase; not locked in cabinets)l Library report; and report on Fine Arts fimding I'or installing art pieces in city neighborhoods. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: No report. Ms. Wordell reminded Commissioners of the Community Congress on May 3 (3-8 p.m.) on tile General Plan. Com. Auerbach asked that a report on the Monterey Conference be agendized l'or thc next Planning Commission meeting. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: The meeting adjourned at 8 p.m. to tile Planning Commission meeting at 6:45 p.m. on April 8, 2002. Respectfully Submitted, Approved as amended: April 8, 2002