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PC 02-14-00CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON FEBRUARY 14, 2000 SALUTE TO THE FLAG ROLL CALL Commissioners present: Corr, Doyle, Kwok, Stevens, Chairperson Harris Staff present: Steve Piasecki, Director of Community Development; Ciddy Win'dell, City Planner; Eileen Murray, Assistant City Attorney APPROVAL OF MINUTES: Minutes of the .fanuary lO, 2000 regular Planning Commission ~neeting MOTION: SECOND: VOTE: Com. Kwok moved to approve the minutes of January 10, 2000 I)lanning Commission meeting as presented Com. Corr Passed 5-0-0 Minutes of the danuary 24, 2000 regtdar Planning Commission meeting MOTION: SECOND: VOTE: Com. Corr moved to approve the minutes of January 24, 2000 Phmlfing Commission meeting as presented Com. Stevens Passed 5-0-0 WRITTEN COMMUNICATIONS: Chair Har,'is noted the 14 items received in opposilion lo Item 9. POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR Application No.: Applicant: Location: 13-EXC-99 Sandy Swett (fbr ltollywood Video) 10465 S. DeAnza Sign exception for two wall signs where only one is permitted, in accordance with Chapter 17.24.050 of the Cupertino Municipal Code. Planning Commission Minutes 2 February 14, 2000 Application No.: Applicant: Location: 23-ASA-99 Fredric Divine Associates (Ibr Itollywood Vidco) 10465 S. DeAuza (near McClellan Road) Architectural review of minor modifications to the exterior of an existing commercial building. Planning Commission deci6'ion final unless appealed Application No.: Applicant: Location: 17-EXC-99 Allen Signs 10919 No. Wolfe Road Sign exception to allow two (2) wall signs for a new business at an existing rclail center. Application No.: Applicant: Location: 25-ASA-99 Big Guy, Inc. Lot I 1, 10470 Serra Street Architectural review ora two-story 5,014 square lbot single family residence at O. ak Valley Application No.: Applicant: Location: 1 -ASA-00 The Roman Catholic Bishop of San .Jose 22555 Cristo Rey Drive Architecturgl review of entry archway and columns (Gate of Heaven Cemetery) Application No.: Applicant: Location: 2-ASA-00 O'Brien Group 22127 Canyon Oak Way Architectural review of a new 4,649 square foot single lhmily residence (Oak Valley) Application No.: Applicant: Location: 3-ASA-00 O'Brieu Group 10451 Serra Street Architectural review ora new 5,438 square foot single fi'~,n_i~y residence (Oak Valley) Application No.: Applicant: Location: 4-ASA-00 O'Brien Group 22160 Canyon Oak Way Architectural review of a new 4,700 square foot single family residence (Oak Valley) Com; Doyle requested that Item 4, Application 25-ASA-99 be removed Ii'om tile Conscnl Calendar for discussion. MOTION: Com. Stevens moved to approve tile Consent Calendar ¢×ccpt Ilcm 4. SECOND: Com. Kwok Planning Commission Minutes 3 Fcbrm~ry 14, 2000 VOTE: Passed 5-0-0 Discussion of Item 4: Com. Doyle said that staff interpretation was that uo more Ihan 50% of units would be stucco; and that for the original approvals [br Oak Valley it was more cxplicil, and in the 25% range. He said a discussion was needed to ascertain il' the 50% munbcr was more reflective of what was previously intended. Chair Harris said that she and Com. Doyle were on tire Planning Commission at thai lime, ami understood that stucco was going to be limited to tire percent stated for the number of ~ypcs ami not that they could use those types and get up to 50%. She said it was aot thc undcrslanding of Iht Commission, and if interpreted that way lbr unit I, they were unaware of it, and it was limo bring the issue back. She requested that it be agendized lbr the next rattling and have different approvals that may have referenced that issue and come up with a slaff rccomnlcndalion for a percentage that is appropriate fbr the remainder, since they fl~onghl by Iht sclcclion certain percentage of model types that had the stucco, the percentage wonkl be coasislcnlly applied throughout the development, lnclnde in the staff report the rationale Ibr thc 50% Ibr benefit of the new members. Ms. Wordell pointed out that 5 out of 9 applications in unit 2 were already slucco. Chair Harris said originally they were told all houses would be different, wilh 12 mmlcls and of each; therefbre she was surprised to find that 50%, were stucco when Iht original all itudc xxas not to allow any stucco, but later said some styles were conducive to only Following ~tiscussion, it was ascertained that Item 4 was uot thc item wilh thc slucco; legal counsel clarified that Item 7 could be discussed; M OTI ON: SECOND: VOTE: Com. Doyle moved to remove Items 7 and 8 fi'om the Consent Calendar and continue both items to the next Plauniug Commission meeting pcndiug a discussion relative to the stncco issue Com. Kwok Passed 5-0-0 MOTION: SECOND: VOTE: Com. Doyle moved to approve Item 4 as proposed Com. Corr Passed 5-0-0 20-U-99- 34-EA-99 Al Lien Wang (San Wang Restaurant) 1655 S. DeAnza Boulevard Application No.(s): Applicant: Location: Use permit request to extend hours of operation to 2:00 a.m. Monday through .%tmday m~d Io allow karaoke music and singing in an existing restaurant bar. Planning Commission decision final unless appealed Staff presentation: The video presentation reviewed the background of the application for a use permit to extend hours of operation of the restaurant and to permit karaoke music aud siugiug the existing restaurant/bar. The applicant since removed the application [br the pcrnlil lo allow karaoke music and changed the request for extended hotlrs to be Monday Ihrough Planning Commission Minutes 4 FcbrLmry 14, 2000 a.m. to 2 a.m. and Sunday 10 a.m. to 10 p.m. A history of the facility at that Iocalion daling back to the 70s was provided, as outlined itl the attached staff report. It was poiutcd out thai Ibc applicant assumed operation of the restaurant/bar in April 1998 and was operating with karaoke music without permits and did so until the City took legal action in tile Ibrm el' a complainl I'or temporary restraining order, preliminary and permanent injunction to abate public nuisance and for damages. Neighbors of the business strongly oppose the karaoke operahon. Slal'f. recommends denial of the late evening extended hours o~' operation because o1' Iht slrong opposition fi'om the neighbors, and the inability to prevent cars fi'om parking ca thc wcsL parking lot. Staff recommends that the restaurant/bar be allowed to operate f,'om 10 a.m. to I0 p.m. wilh no outdoor cleaning or maintenance activity after I0 p.m. or bel'ore 8 a.m.; thai them bc entertainment activities such as karaoke music and singing without the approved usc perm il ami that the seating capacity for the bar and restaurant remain the same as the previous ,Iohuny establishment. A decision if'reached will be regarded as final, unless an appeal is filed within 14 calendar days. Mr. Colin Juilg, Associate Planner, clarified that tile portion of. tile applicaliot~ fin' Iht karaoke music was withdrawn by the applicant and the revised request was I'br Iht extended hours operation. He reviewed tile history of the business operation, uoting that lhc opcralion fin' restaurant/bar became a legal, nonconlbrming use when tile area was anncxed into Cul, crtiao in 1979. Mr. Jtmg discussed the problems enconntered with tile applicant rclativc It/ thc hours of. operation and the entertainment activities on.the premises, ueighbors' complaints, al)d Iht taken by the City attorney against the applicant to cease the karaoke entertainment. Mr. Jung reviewed the Relevant General Plan Policies pertinent to tile application, noting Politics 2-1, 2-19, 2220 and 2-83. He referred to a map of the area including the busiuess location and thc adjacent neighbors, and pointed out tile residents' locations itl opposition itl thc application. I Ic clarified the staff's recommendatiou to deny the applicant's request l'or extended hours o1' operation, but recommended approval of tile use permit because there is no usc pcrmil I'or thc particular site, as it is a legal non-cont'orming use within the City. Sla['l' is rccommc~lding approv:d of this particular use permit and a negative declaration tbr the environmental review. Mr. Steve Piasecki, Community Develop~nent Director, reported that thc rccommcmlalion of. Iht environmental Review Com,nittee was on Page 9-7 of the staff report, and dcmonslratcd Ibc granting of a mitigated negative declaration subject to the applicant dcmtmslraling Ihat Ihcrc would be no audible noise at the property line and that the west parking area wotild uol Bc accessible or would be closed off after 10 p.rn ..... Mr. Jung clarified that tile use permit included tile lunch time operating hours which was included in the previons legal non-conl'orming use. In response to Corn. Kwok's question about how stafF's recommendatiou conlbrmcd ltl Iht I'mn' elements of the General Plan discussed earlier, Mr. Jung said that encourugiug economic vitalily of the neighboring retailing uses, staff feels that tile expausion of. the hours lo the lunch lime is justified to support tbe existing establishment; all the complaints received havc been relative Io Ihc evening traffic and not the mid-day traffic. Relative to neighborhood protcctiun, thc imcnsc development being the karaoke, would be the prohibition o[' the karaoke portion Itl address thc noise aspect. The activity limitations relate to the hours of operation proposed itl thc conditional use permit. Policy 2-20 is mainly rein[brcement [:or policy 2-19; not nluch caa be th)nc abtmt building setbacks. Relative to late evening entertaining, it states that it is morc approprialc Io Planning Commission Minutes 5 I:chrt.~ry 14, 2000 locate the establishments in larger size commercial parcels surrounded by other commercial uses rather than commercial uses abutting residential. Mr. Jung auswered questions regarding the prior use of the busiuess establishment relativc Io Iht hours of operation, and the criteria for establishing legal non-conlbrming usc. Mr. Thomas Chang, representing the applicant, clarified that the complaints aboul Ihe karaol<c music were under a previous partnership, which was no longer in opcraliom I Ic srfid Ilml Ibc request for karaoke music was withdrawn since they had not met with the neighbors Io salisfy Ibc mitigated negative condition on the environmental review hearing held. Nc said Ihcy were merely trying to establish a legal permit to operate the present rcstauranl; nnd l'or pm'poscs application they concurred with the conditions set tbrth in the resoJution. Chair Harris opened the meeting fbr public input. Ms. Jnlie Smith, 1658 Jamestown Drive, said she resided directly behind Iht rcslauranl and was opposed to a karaoke bar, as they had uo faith that the owners would comply with whal would bc granted, ~sed on their past experience. She said the restaurant violated codes Ibr one year, and the sheriff and code enforcement had to come out time and time again because ot' mm-compli:mcc with the permits. She provided a brief history of the prior business establishments at thc local ion, noting that piano music was never beard from the prior establishments. She said Ibc prcscnl establishment has had noise until 2 a.m., and the owners disregarded Iht rcclUCSts Io slop, and would hang up wben telephoned about the noise, and would laugh at the callers. She added thai the noise ~as atrocious night after night. Ms. Smith said she was opposed lo Ibc applicalion being allowed because the present applicant has a poor history with the neighbors. She suggcslcd a 9 p.m. closing Monday through Friday; 10 p.m. on weekends, il: the application is approved. Sbe noted that tbe 7 redwood trees iu her back yard did not mitigate Iht noise impacl, Ms. Tin Kao, 1670 Jamestown Drive, pointed out that it was a major issue I"or the neighborhood, and she was speaking on behalf of the five residents closest to the restaurant. Wc said Ihal Ihcy have had troubles with the restaurant and were reluctant to meet with the lawyers because lhcy had not been contacted before. She concurred with Ms. Smith about the hours, and said Ibc karmfl<c bar was at the top of a long list, and was happy they withdrew the request. She rcqucsled (hal Ihe 2 a.m. closing not be approved because of the many problems outlined iii Ibc tcllcr. Y, hc addcd that maintenance workers were Iond and said repeated requests fi'om thc neighbors wcrc bccn treated with disrespect and ignored. The residents also ,e,8_dured excessive parking 1ol iloisc Ii'om the staff leaving, dumping bottles, and cleaning up. Ms. Kao said that staff lel't thc back door ol~ the establishment open, which generated more noise, and the bright parking lot lighl shines in thc neighbors' windows. She pointed out that the residents were willing to give up lhc sccomhn'y complaints to get rid of the karaoke music. She also said that the cooking 1'nines fi'om the spicy food and grease was bothersome, and an earlier closing time might help. She said lhal lhc neighbors were leery of any eutertainment in the restaurant becanse ol~ its past history, and extending the hours wonld make the problems worse. Ms. Lauren Smith, 1658 Jamestowu Drive, said that she was a high school stuclcnl, and had experienced the constaut uoise and disruptiou from the restaurant whilc Irying Io sludy. ~hc encouraged the Planning Commission to support her mother's and other neighbors' position against tbe permit. Planning Commission Minutes (, I:cbrtmry 14, 2000 Mr. Chang thanked tile neighbors for attending tile meeting and providing thcir input. I Ic said il was the first opportunity to hear what had gone on in the past and what they had experienced in the year prior to the injunction that the City filed, which caused them to bc presen! to apply tilt Iht permit. He said it was importaut that tile restaurant have a legal permit because prcscnlly il docs not have any hours by which to operate and they felt the 10 a.m. to 10 p.m. hours were approprialc because those were the honrs of the present traffic in the restaurant. Chair Harris closed tile public hearing. Coil]. Doyle questioned how to quickly address a problem if' it arose after approw~l vs. a Icnglhy process. He asked if it was possible to put a condition stating that ifa violation was nol corrcclcd within a week, the director could suspend the permit. Mr. Jung said that tile conditions in tile use permit were explicit and could bc modilicd; however, part of the problem is that they are behavioral conditions and rely on thc applicanl's behavior Itl carry through. Enforcement of the condition becomes a law enl'orcement issue and could bc referred to the planning department and code enforcement. Ms. Eileen Murray, Assistant City Attorney, clarified that once a use permit is issued and is parl of a zoning code, any violation becomes a misdemeanor and can be oiled, and thc usc pcrmil revoked. She explained tile misdemeanor complaint process, injnuction and rcw)cafion of usc permit process. The conditions relative to the hours of operation and closing time were discussed, and Mr. Piasecki said that the hours should be clearly addressed in the conditions, spccifically thc time that the customers exit the establishment and address tile issues o1: maintenance aclivitics inside and 6utside of the restaurant. Ms. Murray said that tile health cleparm~cnt was rcccplivc It/ couducting inspections of grease traps; and Ms. Wordell noted that the building dcparlmcnl also would get involved on a code enforcement item. Discussion of limitations on entertainment ensued. Mi'..lung said that thc nsc pcrmil slalcs mi restaurant sponsored entertainment would be permitted, but spontaneous singing xvas m~l addressed. He said that tile commercial zoning ordinance was not clear on whal conslilulcs entertaimnent. Chair Harris said that a clear definition was needed in the conditiou. Com. l)oylc suggested stating that no audible noise at the property line was pemfitted, in lieu el'restricting thc Hses. Mr. Jung clarified that ifa use permit was not approved, ~![.w. ould revert to a legal non-conforming status, and staff would enforce that based on what is assumed to be the legal non-conlimning usc status minimized by what was abandoned in the interim, which included Iht hours al]ct I0 p.m. and also the no piano music; and the lunch service would also have Iobc rcslriclcd as well. Ilx granting a use permit, it clarifies what can be done, and there is also the oplion of acldrcssing olhcr issues such as lighting, refining other activities in the restauranl, thai canTt he done trader a legal non-conforming use status. Chair Harris asked for clarification of tile new rules Ibr putting commercial ncxl ltl residential, relative to mitigation. Mr. Jung explained that a conditional use permit was uccdcd il' parking was located closer than 100 feet to a residence, with a masonry wall at thc rcsidcnlial/commcr¢ial boundary. In this instance, there is a parking requiren~ent ['or a restaur,'mt Itl provide one i)arking stall for every four seats; with a bar, tile parking requirements are stricter. Ihltcrlainmcnl is permitted unless allowed by the use permit; the meaning of entertainment is vague' lighling Planning Commission Minutes ? February 14, 2000 bleed over to the adjacent residential property; all rooftop equipment has to bc screened: deliveries is a general ordinance requirement; and delivery or loading activities arc conlhlcd Itl thc hours of 8 a.m. to 8 p.m. with I more hour Friday and Saturday evenings. Chair Harris sumlnarized the issues: (1) Whether to allow a use permit fi~r a rcslauranl/bar I'rom l0 a.ln. to 10 p.m.; (2) What times are appropriate for closing and euding; (3) Mitigations: uoisc, entertainment, lighting, parking against fence and ventilation system. Mr. ?iasccki added thai Iht applicant may want to seek an inspection of their current ventilation system and a dclcrmiualion tbat it is in good working order and meets code, which would iudicate that there is not a backup problem exacerbating the conditions. Com. Stevens said that relative to allowing the use permit, he felt it has been a rcslauranl I'm' many years, the previous restaurants were not an issue and a use permit should be issued. I Ic said Itc t~.'ll staff addressed the issue of the hours, and 10 a.m. to 10 p.m. was reasonable; however, Ibc spooler of cleaning and after hours could be a problem, therefore he suggested 9:30 ending Ihnc, wilh I() p.m. as the establishment closing time. Relative to entertainment, anything that is mnplil]cd and sponsored by the establishment should be prohibited. Relative to lighting, there should be no lighting spilling over, the lighting should not come up to the fence, but to thc brick wall, nol ab{)vc the fences. He said he did not feel a sound wall would solve the problem. Noise should bc measured by numbers, not vague statements; a spec of 51 dbi in the residential area fin' air conditioning is appropriate. Code enforcement has the equipment and the capability of making Iht measurement, which would result in a quantitativestatement not a qualitative statement. Parking is an unavoidable legacy and should remain as is. Odor ventilation can be addressed with a chcck of the ventilation system; doors should be kept closed with a posted sign. Com. Corr said he supported the use permit since it brings the operation trader Pllmning Commission purview. Relative to opening and closing hours, the restaurant scrvicc shtmkl cml al 9 p.m. for a 10 p.m. closing. No entertainment under the direction of the restaurant, nolhing amplified, no boom boxes; lighting can be controlled and should be not above Iht fence; m)isc from the restaurant to be measured by decibels; parking should not be a problem as Iht people leave when the restaurant closes. He said lie was supportive of the ventilation inspcctiou to control the odors; and the issue of open doors should be addressed il' the noise level exceeds 51 dbi going beyond the fence. Com. Kwok said he was in favor of issuing a use permit, with a 6 month period and rcim'n to assess progress; and if constant complaints continue, address the use permit. Rela6vc Itl opening and closing hours, he said lie was sensitive to the concerns o1: the citizens in thc ncighbt~rhood and no one should have to put up with it for over a year; and the new owner has ~o dcmouslratc willingness to cooperate. He recommended restrictiug the hours to 9 p.m. except Friday and Saturday at 10 p.m. Entertainment to be limited to the minimum; lighting and noise could bc addressed with working with staff and owner to come up with a lighting and noise prcvcnlion plan, sucb as the concept of limiting parking to 8 p.m. on the area near the residents' side. I Ic said he was in favor of the licensed inspection for the odor ventilation, with a condition requiring maintenance of the filters. Relative to the back door remaining open or closed, hc said lie wonld leave the decision to the owner depending on uoise and odor ventilation. Com. Doyle said he favored a use permit for better control, with a 6 month review period. Opening and closing hours fi'om 10 a.m. to 10 p.m. with assurances they arc not nclivcly ottlsidc after the timeframes; entbrce the standard loading hours restriction from 8 p.m. lo 8 a.m. Rclalivc' Planning Commission Minutes 8 February 14, 2000 to entertainment, he said they should restrict tile activity vs. tile level, but rccommcndcd no live entertainment. Move lighting to the periphery of light in. ~nake certain lo bc conscions to make sure it is well lit as there are some areas ill the City with problems. Relative to noise, Ihcrc sh{mld be restrictions on outside activities to prevent noise generation. Parking is better controlled by hours of activity, rather than restricting the 8 o'clock deadline; odor ventilation could bc with a periodic check and a review as a part of the approval. He said he was not convinced thai the open kitchen door was the cause of the high noise level, or if tile noise was iacidenml noise from the cleaning tip after hours. He said he felt tile closing and ending limes should bc 10 p.m. meaniag all activities done by 10 p.m. which would necessitate that the reslam'anl clt~sing would be earlier. Mr. Jung clarified that the noise consultant contended that with thekaraoke music going l'ull blast, the maximum noise level was still 10 decibels less than the city noise reqnircmcnl the neighbors were saying they could still hear it. Chair Harris said she was in favor ora use permit; people should be allowed Itl use Ihcir prt~pcrty and it has been a restaurant fbr many years. She said she agreed that it takcs an hotn' I'rom closing time to ending for the patrons to exit, such as 9 p.m. closing l~r Sunday throngh Thnrsday, wilh all activities finished by 10 p.m. weekend closing to be 10 p.m., all activities finished by It p.m. Chair Harris concurred that the definition of entertainment was nothing amplil]cd t~r sponsored by the restaurant. The lights should not shine off, ire; however accomplished is alOlm~l*rialc. She recommended that "mechanical or motorized" be deleted fi'om the rcl~rcncc Io cxlerior ;~ctivilics, and that the activities be prohibited after I0 p.m. on weeknights and II p.m. on wcckcnds. She said she concurred with the inspection requirement IBr IIic vcnlilation systcn~ and Ihal rcg~tlar maintenanc~ be required. She said she ~lt it was not reasonable to require ~hat thc back dtu)r bc closed since it probably was uot air conditioued in the summer; was not in Ihw)r ol' parking agninsl the wall after 8 p.m., or have the posting on the wall. She concluded by slating that she did m,~ feel the noise level should be measured by decibels siuce the report said it was 40 dbi, and thc residents were still complaining about the noise level. Corns. Corr and Doyle said they wonld go with 9 p.m./10 p.m. hours l'or weekdays and ~vcckcnds, with all activities ending I hour after closing time; six months rcvie~v period Io rcmm I~ I~lmmi~g Commiss[oll. COllsenstls was reached on the Ibllowing isstles: nolhing in parking Iol rclalcd cleanup after ending times; lighting to be adjusted so as not to go beyond Ibc properly linc; entertainment, nothing amplified or sponsored by the reslaurnnt; vcntilntion system requiring inspectiou and regular maintenance. MOTION: SECOND: VOTE: Com. Doyle moved to approve the negative declaration on 34-1';A-99 Com. Corr Passed 5-0-0 MOTION: SECOND: VOTE: Com. Doyle moved to approve Application 20-U-99 tis amended Com. Corr Passed 5-0-0 10. Application No.: Applicant: Location: 18-U -99 The Valley Charch o~' Santa Clara County 10885 North Stelling Road Planning Commission Minutes 9 February 14, 2000 Use permit and minor architectural modifications to an existing building fin' ancillary church uses (Fellowship Hall) Planning Commission decision final unless appealed Staff presentation: The video presentation reviewed the application for a use permit and minor architectural modifications to an existing building lbr ancillary church tlscs (l:cllowshil~ I lall). The Fellowship Hall will be used for various youth group meetings on diffe.'ent days o1' thc wcck. The applicant also proposes to replace the roof with a pitched roof of brown lilt. recommends approval with conditions related to tile landscaping on the church site. Conditions of approval include that the applicant convert tile field located near the ¥ollcyball com't m a landscaped picnic area, more shrubs be added and the weeds removed within one section of parking lot, and that more tree screening be placed along the Stelling P, oad I?onlagc subjccl to approval by the City's Public Works Department. A decision if reached will be regarded as final unless an appeal is filed within 14 calendar days. Ms. Ciddy Wordell, City Planner, reviewed the landscaping conditions and said Ihat slaff recommended approval with the proposed modifications. Mr. John Heyer, Valley Church Project Coordinator, said that they concurred with Ihe condilions in the staff report and would submit the landscape plan improvements to thc Public Works Department and Planning Department staff. He thanked the Planning Commission and slaff for their help with the process. Mr. Don Sc!~midt, Valley Church, clarified the requested hours of operation and askcd thai Ihcy be extended to 6 a.m. until 12 midnight, to accolnmodate early morning prayer bouts. Chair Harris opened the meeting for public input; there was no cue present ~vho ~vishcd lo spcak. Com. Doyle said he concurred with the staff' recommendation. He said Ihat hc fuw)rcd thc operating hours fi'om 7 a.m. until 11 p.m., seven days a week. Com. Kwok said hc cnncurrcd with the staff recommendation; with hours f¥om 7 a.m. until 11 p.m. Coln. Corr said hc concurred wilh the staff recommendation; with hours fi'o~n 6 a.m. until 19.2 midnight as there were no nearby neighbors who would be adversely impacted. Com. Stevens said he concurred wilh thc st',fiT recommendation; with hours from 6 a.m. until 1 I p.m. because of its isolation. Chair l lm'ris said that she felt operating hours of 7 a.m. to 11 p.m. were acceptable, with conditions slalillg Ilo outdoor amplified music. She cautioned tile church tL)_[ake into considcralion il' Ihcrc was a curfew for the teenagers. MOTION: SECOND: VOTE: Com. Kwok moved approval of Application 18-U-99 according to Iht model resolution, including the condition that there be no amplified nlusic outdoors, ;.Hid the hours be 7 a.m. until 11 p.m. Com. Doyle Passed 5-0-0 OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION: Planning Commission Minutes I(1 I:cbruary Id, 21)1}1) Environmental Review Committee: Com. Corr reported that he was unable to allcnd thc I'irsl meeting because of a conflict. Mr. Piasecki reported that it was determined that a negative declaration could be granted for the Andronicka's application subject lo Ihe prcpar~ti~m o1' Iht traffic analysis and additional parking inlbrmation being sub~nitted to the City. Housing Committee: Com. Kwok reported that the City o[ San Jose approved a p~'ogram lo ~ssisl teachers with the security deposit to enable them to move into apartments. A bt'icl' discussitm followed about tile program. Chair Harris requested that tile Phmning Commissioncrs attcmlin,,.2 the next Mayor's breakfast aud Housing Committee meeting discuss advertising thc ilrogram to Cupertino teachers. Com. Corr reported on the recent meeting held al Monta Vista I ligh Scho~l regarding tile BMR program. Mayor's Breakfast: Com. Stevens reported that the Parks and Recreation l)cpartmcnl was looking into areas to provide more skateboarding thcilities. Iqe said that the rcprcscntalivc I?om thc Housing Committee also reposed ou the program to assist teachers with the sccm'ity deposit renting apa~ments; as well as provided a report on the BMR units, noting that mom BMR units were needed. He reported tbat the Pnblic Safety representative conlnlcntcd on Item 9 tm thc agenda relative to the karaoke hours being a concern. The conceru was expressed about Iht April Home Depot opening relative to noise factors; and Kennedy gchool tm[tic problcm. Tclctnn that Rancho would bave new TCI tiber. Com. Stevens also commented on thc desire to have that group adopt a policy or recommend the communication antenna pole [hcilitics lbr Ihc whole city ratber than the Planuing Commission be responsible [hr doing it wilhont any Icclmical background: He reported that the Library representative commented on thc upcoming vote and various options; the Fine A~s Committee Rep discussed the next meeting on Iht Crossroads Park/Four Seasous Park plaque/statue. Com. Stevens said he suggcsted that Ibc entire thing should be considered because of the hotel and apartments. Chair Harris requested that the Plauning Commissioners be reminded by slal'l' o[' Iht mayor's breakfast either tile Friday before or Monday. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMI~NT: Mr. l~iasccki reported that Com. Corr was appointed as tile representative to the Environmcnlal I~,cvicw Committee, and Com. Stevens as alternate. He reported that staff was working on schcdnling tour. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: TILe meeting adjourued at 9:20 p.m. to tile reguhu' I~lanning Commission meeting at 6:45 p.m. on February 28, 2000. Resp~ectfully Submitted, Recording Secretary Approved as presented: February 28, 2000