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PC 06-23-03CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 CITY OF CUPERTINO PLANNING COMMISSION APPROVED MINUTES 6:45 P.M. MONDAY JUNE 23, 2003 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of June 23, 2003 was called to order at 6:45 p.m. in the Council Chambers, 10300 Torre Avenue, Cupertino, California, by Chairperson Chen, and the following proceedings were had, to wit: ROLL CALL Commissioners present: Chairperson: Vice Chairperson: Commissioner: Commissioner: Commissioner Angela Chen Taghi Saadati Chuck Corr Gilbert Wong Marty Miller (Arrived during discussion of minutes approval). Staff present: Community Development Director: City Planner: Senior Planner: Senior Planner: Assistant City Attorney: Recording Secretary: Steve Piasecki Ciddy Wordell Vera Gil Peter Gilli Eileen Murray Elizabeth Ellis APPROVAL OF MINUTES: Minutes of the dune 9, 2003 Planning Commission meeting: Vice Chair Saadati recommended the following revisions: · Page 7: second paragraph, 4th line from the bottom: change "parking lot" to read "parking garage". Third line from the bottom, change "lot" to "parking garage". · Page 12: third paragraph; 4th line: Change sentence to read: "He said he felt parkingwas an issue and he felt everyone should work together to find a way to address the parking, basically to be a good neighbor. · Page 12, third paragraph, 5th line from the bottom: after "and the" insert "need for a". Same line, delete "and that" Com. Miller recommended the following revision: · Page 4, third paragraph, 7th line from bottom: "flow" should read "fall" Chairperson Chen recommended the following change Planning Commission Minutes 2 June · Page 6, third paragraph, line 1: delete "was the city did not" and insert "does the city" Motion: It was moved by Com. Wong, seconded by Vice Chair Saadati, to approve the Planning Commission minutes of June 9, 2003 as amended. (Vote: 5-0-0) WRITTEN COMMUNICATION: None POSTPONEMENTS/REMOVAL FROM CALENDAR: 2. TR-2003-05 Luke Bollinger Postponement of Public Hearing to consider application of Luke Bollinger for tree removal and re-landscaping of an existing office building (Intero Real Estate Services) located at 10275 No. DeAnza Blvd. Planning Commission decision final unless appealed. Postponed from Planning Commission meeting of June 9, 2003. Request postponement to July 14, 2003 Planning Commission meeting Motion: Motion by Com. Corr, second by Com. Wong to postpone Application TR-2003-05 to the July 14, 2003 Planning Commission meeting. (Vote: 5-0-0) ORAL COMMUNICATION: None CONSENT CALENDAR 1. U-2002-02 Support Systems Homes Application on behalf of owner Son H. Lee for approval of one year review of a use permit for a six bedroom residence to be used as a congregate residence for up to 16 persons where 10 persons are allowed by right; located at 10567 Glenview Avenue, Cupertino. Staff recommends that the Planning Commission note and file the report. Motion: Motion by Com. Corr, second by Com. Miller that Application No. U-2003-02 of the Consent Calendar be approved. (Vote: 5-0-0) PUBLIC HEARING Com. Wong recused himself from participating in discussion of Item 3 as he resided adjacent to the property. M-2003-01, EA-2003-07 Susan Chen (Keiki Place) Application for modification to a use permit (U-2002-04) to provide child care to a maximum of 150 children, to add approximately 400 square feet and to modify the parking and landscaping removal of three trees located at 10931 Maxine Avenue. Planning Commission decision final unless appealed. Postponed from Planning Commission meeting of June 9, 2003 @lann~ng Commission ~nutes ~ June ~, ~6~ Ms. Vera Gil, Senior Planner, presented the staff report as follows: · Reported the application was a modification to a use permit to provide child care to a maximum of 150 children; to add approximately 400 square feet, and to modify the parking and landscaping including removal of three trees. · Site is located off Maxine, near Homestead; is a 7 lot subdivision approved two years ago, with nothing constructed on the site, which was a former gas station. · She summarized issues in staff report: · Addition of the 400 square foot restroom. · Tree removal; 3 trees being removed and replaced with thirteen 24-inch box trees. · Parking: Applicant will provide required 68 spaces. · Traffic: Noted in traffic report, if parents make a right turn, it may impact the neighborhood. In order to ensure that there is no cut-through traffic or impact on neighbors on adjacent streets, there will be a No Right Turn Except for Residents sign installed, to encourage most people to make a left mm and not impact the neighborhood. · Noise: At ERC meeting, discussed staggered play hours, and as a result of staff discussion with the applicant, the applicant is requesting staff revise the recommendation from 35 children playing on the playground at once to allow 50 children at once, which does not include students studying outside. Staff agrees it is a reasonable request. · Illustrated the location of the new parking and location of new trees; site of new 400 square foot restroom; elevation of new addition. · Staff recommends Planning Commission approval of the negative declaration EA-2003-07 and approval of the modification to the use permit M-2003-01 in accordance with the model resolution as amended. Com. Corr requested clarification on the modification. He said it was his understanding that when doing a modification, the use permit already is in place, and all conditions remain, with one on top, one along side of it, but not replacing it. Ms. Gil responded that the modification amends it. Com. Corr said he did not recall the square footage of the building or how many classrooms there were, which normally would govern the number of students they could enroll in a child care program since it is governed by the child care authorities. He recalled they limited it originally as there was a concern about reinstituting child care in the neighborhood. Ms. Gil clarified that the first application was limited for traffic as well as there wasinsufficient parking. The number of students onsite at any given time was limited, with the provision they could exceed it by 30 students if they could present a carpool plan, indicating how they would accommodate the extra vehicles onsite. In this case they are adding enough parking to take care of the 150 students plus the teachers, so it will not be a problem. The applicant has checked with the licensing authorities and have gone through the fire and building departments to ensure they have sufficient area. They are adding the 400 square feet because they need extra restrooms. Vice Chair Saadati said the plan shows two buildings, one 5,535 square feet and one 1,750 square feet; and asked if they were both being utilized for child care. Planning Commission Minutes I June 23, 2003 Ms. Gil said the applicant would respond. She said it was her understanding that the two back buildings would be repaired but not used at this time. Many of the buildings on site have boarded up windows and need to be repaired and repainted. She said it was her understanding that they will remove the boarding from the buildings, clean them up, but they may not use them at this time; and may chose to use them in the future. Most of the classes will be accommodated in the front area where they are building the new resfrooms. She said the building permit will go through the permit process. Vice Chair Saadati questioned the number of students attending. Ms. Gil said the facilities were used for parenting classes in the late afternoons and evenings; and in special cases, they have about 50 parents. They have not had any child care at the site as of yet; they are considering a partnership with an existing school that would bring their enrollment to this site. Com. Miller questioned if the addition was an attachment to theexisting building. Ms. Gil said it was attached to the existing building. Chairperson Chen asked for clarification on the operating hours as they were shown both as 7 a.m. to 8:30 p.m. Monday through Saturday, and Monday through Friday between 8:00 a.m. and 6:30 p.m. Ms. Gil said that the existing use permit allows them to operate until 8:30 p.m., mostly for the parenting classes. She said it was her understanding they will still offer some parenting classes. She said the information sheet received from the applicant talks specifically about the school, daytime enrollment, what time the students will be there on site. She said staff could amend the hours if they don't want to do the parenting classes any longer in the evening. For the purpose of the resolution, the parenting hours were included. Chairperson Chen expressed concern if there are more kids at night; what is stated is there will not be any kids after 6:30 p.m. The school would close at that time and there may be some parenting classes in the evening. Ms. Gil said that it could be specified in the resolution. Mr. David Wong, applicant: · Clarified that the boards would be removed from the site and said they have been removed from the site. · Stated their intention to use the back room as part of the daycare operation; as the room was fully functional. Com. Miller questioned if there was a temporary classroom in the back area. Mr. Wong said there was a trailer back in the back and it was not used as a classroom, but is being stored on the site. It will be removed once the paving is completed. Chairperson Chen opened the meeting for public input; there was no one present to speak. Planning Commission Minutes 5 June 23, 2003 Com. Con:: · Stated he was in favor of moving ahead with the project; he said there was child care in the building years ago; it closed and he said his recollection was they were already doing child care; however, Ms. Gil stated they were not. · Stated a concern that typically child care does not run on Saturdays, which is a quiet time for neighbors; said he would not have a problem with parenting classes continuing in the evenings and Saturday if it is non-intrusive. · Recommended limiting daycare operation hours to Monday through Friday, 6:30 a.m. to 6:30 p.m. Vice Chair Saadati: · Regarding the building addition, it fits within the rest of the building and he said he was pleased to see that the building will be refurbished and there will be signs of life there. · Relative to the hours, 6:30 a.m. is appropriate as long as it does not impact the neighborhood in general. No strong objection to the 6:30 a.m. to 6:30 p.m. for child care, and parenting until 8:30 p.m. Relative to the traffic, he said he was not certain how the neighbors would feel. He suggested moving forward with the plan and if there were complaints or people wish to change it, it could be addressed later on. He said he supported the project. Com. Miller: · Said the building was appropriate. Hours of operation were suitable. · He supported the project. Chairperson Chen: · Said it appeared to be a straightforward project. · Supported the change of hours of operation from 6:30 a.m. to 6:30 p.m. and the remainder of the time for parenting activity. Relative to Vice Chair Saadati's comment, Mr. Piasecki noted that there is no mechanism to review a use permit unless someone is violating the provisions of that permit. If there were complaints, and they were operating at 6:30 and the complaints were oriented to that time period, staff could work with the applicant and try to monitor and buffer the impacts but there would be no mechanism to bring the use permit forward, short of some violation of the permit. Motion: It was moved by Vice Chair Saadati, seconded by Com. Corr, to approve Application M-2003-01 and EA-2003-07 with the modification as noted. (Vote: 4-0-1, Com. Wong abstaining). Com. Wong returned to the meeting. OLD BUSINESS: None NEW BUSINESS: None Planning Commission Minutes 6 June REPORT OF THE PLANNING COMMISSION: Environmental Review Committee: · Com. Wong reported that he attended the recent meeting on behalf of Com. Corr. · Com. Wong reported that the master wireless plan was discussed and passed unanimously and would be forthcoming to the Planning Commission. Housing Commission · Com. Miller reported that at the recent meeting, CDBG grants were discussed. Mayor's Monthly Meeting · No recent meeting attended. Ms. Wordell will follow up on schedule. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT · Written report of Mr. Steve Piasecki, Community Development Director, accepted as presented. · Mr. Piasecki reported that he and Dave Knapp met with Alan Wong, a co-owner of Vallco Fashion Park. He also discussed recent newspaper article on plans for Vallco. · Mr. Piasecki reported that an updated activity report was available on the website. He reviewed miscellaneous projects listed. · Mr. Piasecki reported that the City Council has canceled their July 21 meeting. He noted that the Planning Commission typically cancels a meeting in August. OTHER BUSINESS: · The Planning Commission discussed their availability during August. Chairperson Chen and Com. Miller noted they would be absent for the first meeting in August; Com. Wong and Vice Chair Saadati noted they would be absent for the second meeting in August. Com. Corr said he would be available for both meetings in August. · There was consensus to cancel at least one of the August meetings. DISCUSSION OF NEWSPPAPER CLIPPINGS: · Mr. Piasecki reviewed the newspaper article on Vallco Fashion Park. ADJOURNMENT: Meeting adjourned at 7:20 p.m. to the work study session at 4:30 p.m. on July 14, 2003 in Conference Room C. SUBMITTED BY: /S/ Elizabeth A: Ellis Elizabeth A. Elhs, Recording 8gcretary APPROVED BY: /s/ Angela Chen Angela Chen, Chairperson /s/ Steve Piasecki Steve Piasecki, Secretary ATTEST: