PC 05-22-2012 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,CA 95014
CITY OF CUPERTINO PLANNING COMMISSION
APPROVED MINUTES
6:45 P.M. May 22, 2012 TUESDAY
CUPERTINO COMMUNITY HALL
The regular Planning Commission meeting of May 22, 2012 was called to order at 6:45 p.m. in the
Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA. by Chair Marty Miller.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Chairperson: Marty Miller
Vice Chairperson: Don Sun
Commissioner: Winnie Lee
Commissioner: Clinton Brownley
Commissioner: Paul Brophy
Staff present: Community Development Director: Aarti Shrivastava
City Planner: Gary Chao
Senikor Planner: Colin Jung
Assistant Planner: George Schroeder
City Attorney: Carole Korade
APPROVAL OF MINUTES: None
WRITTEN COMMUNICATIONS: None other than those related to the agenda.
ORAL COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
1. EXC-2011-01,V02011-03, Hillside Exception to allow a 4,478 sq. ft. single family
(EA-2011-17) residence plus an 840 sq. ft. basement to be constructed
Barre Barnes on slopes of 30%or greater;Variance to allow an
(Holiday Drive,LLC) attached first story deck more than 18 inches above grade
21740 Rainbow Drive to be set back 0 feet from the property line where 10 feet
is required. Request postponement to the June 12, 2012
Planning Commission meeting
Motion: Motion by Com. Lee, second by Vice Chair Sun, and unanimously carried 5-0-0 to
postpone Application EXC-2011-01, V-2011-03 (EA-2011-17) to the June 12, 2012
Planning Commission meeting.
CONSENT CALENDAR: None
Cupertino Planning Commission 2 May 22,2012
PUBLIC HEARING
2. U-2012-12 Use Permit to allow the concurrent sale of motor vehicle fuel and
Atam Sandhu alcoholic beverages at an existing gas station. Planning
1699 So.DeAnza Blvd. Commission decision final unless appealed.
George Schroeder,Assistant Planner,presented the staff report:
• Reviewed the application for a conditional use permit to allow the concurrent sale of gasoline
and alcoholic beverages at an existing gas station, as outlined in the staff report. He reviewed
the site aerial showing the proximity of the gas station to residential areas, shopping center,
office buildings and other gas stations. The project is consistent with the concurrent sale of
gasoline and alcoholic beverages ordinance and is compatible with the existing and planned
uses in the area.
• The applicant has submitted a security plan which has been reviewed by the Sheriff's
Department which determined that there were no security concerns or negative impacts to the
neighborhood. Conditions have been added for the property owner to reimburse the city in
the event of additional sheriff's enforcement time.
• Staff recommends that the Planning Commission approve the use permit for the concurrent
sale of gasoline and alcoholic beverages per the draft resolution.
Atam Sandhu,Applicant:
• He said he has complied with the rules and regulations with the city and other departments.
He said that the station has been at the location for about forty years, and he has owned it for
the past eight years.
Chair Miller opened the public hearing; as no one was present to speak, the public hearing was
closed.
Com.Brownley:
• Commented that there were other gas stations in Cupertino that sold beer and wine and the
proposal is consistent with other stations within the city, the zoning ordinance and is located
next to a wine shop. It is located over 245 feet from the residential area, and he felt it was
reasonable to approve the application.
Com.Brophy:
• Noted for the record that a letter was received from the owner of Coach House Wine and
Spirits objecting to the application; however, he felt that the arguments for the opposition were
not persuasive.
Motion: Motion by Com.Brownley,second by Vice Chair Sun,and unanimously
carried 5-0-0 to approve Application U-2012-02
3. U-2011-09,ASA-2011-10 Use Permit to allow the conversion of existing gas station
Dave Elliott,BP Cupertino service bays to a convenience market,to allow late evening
Union,LLC hours and to allow concurrent sales of gasoline and alcohol;
21530 Stevens Creek Blvd. Architectural and Site approval for a 527 sq. ft. expansion/
remodel of an existing gas service station building to allow
a convenience market and a new 2,580 sq. ft. office
building. Planning Commission decision final unless
appealed.
Cupertino Planning Commission May 22,2012
Colin Jung,Senior Planner, presented the staff report:
• Reviewed the application for use permit and architectural site approval to allow the conversion
of an existing gasoline service station bay to a convenience mart, and to allow late evening
hours of operation and allow concurrent sales of gasoline and alcohol, and expansion/remodel
of 513 sq. ft., and a new 2,580 sq. ft. office building as outlined in the staff report.
• He reviewed the site aerial showing the proximity of the gas station to residential areas; and
reviewed the project data. The project is proposed in two phases; the first phase would be the
convenience mart and the second phase,when tenants are obtained will be the office building.
• The proposed project will expand the parking spaces from 14 spaces to 22 spaces which
exceeds the code requirements of 18; The proposal is for a 24 hour convenient mart; currently
the gasoline service station has a 24 hour use approved in 1988; attendants are on duty from 6
a.m. to 10 p.m. and gas is available other hours through the exterior credit card machine.
• The Sheriff's office has looked at the security plan which has been in place since 1988 and
they have no problems with the proposed use or security plan as adopted. The project is in
compliance with the Monta Vista design guidelines.
• Staff recommends that the Planning Commission approve the use permit in accordance with
the draft resolution as well as the ASA application in accordance with the draft resolution.
Dave Elliott,Applicant:
• Thanked staff for their assistance in making the project conform to the Monta Vista guidelines
carefully; said it was a gateway project for Cupertino and they have made extra effort to make
it acceptable by design standards for the city. The application is for 24 hour operation for the
convenience store and sale of gasoline; and limited hours for sale of beer and wine.
• He said the goal was to have the immediate phases of the project constructed by the end of the
year; tenants have not yet been secured for the second phase yet which is expected to be
completed in a couple of years maximum.
• He reviewed the ABC regulations for sale of alcoholic beverages. He reviewed the tentative
plans for the office building, from one to three tenants. A restaurant would require a zoning
modification.
Vice Chair Sun:
• Expressed concern about the sale of beer and alcohol to college students in the late hours.
Dave Elliott:
• Explained that after specified hours the beer and alcohol are not visible for sale and not
permitted for sale; the lights by the display cases are turned off and a shade covers the
refrigerator units and the products are not visible for sale. The business operator is responsible
to monitor the sale of it after hours. The police department has looked at it and there is no
history of problems with this kind of operation; although it is close to DeAnza College and the
freeway, they do not anticipate any problems. He referred to a project in Oakland he was
involved with, where the police department had the ability to have his cameras linked to their
cell phones; if they got called they could see what was going on at the station which deterred
crime at his business.
• He said he would agree to not sell alcohol after midnight, as suggested by Vice Chair Sun.
Colin Jung:
• Said it was within the Planning Commission's purview to add a condition to the use permit
resolution to include hours of sale of alcohol, if that is the Commission's desire to limit the
sale to midnight. He highlighted Condition 8, on Page 35 of the resolution, relative to
security, which he said could be added as part of the security plan. He added that the
condition was already on the property because in the past the gas station was allowed to
operate 24 hours a day.
Cupertino Planning Commission 4 May 22, 2012
Chair Miller opened the public hearing; as there was no one who wished to speak, the public
hearing was closed.
Gary Chao:
• Clarified that the expiration on the use permit approval is two years and it is not mentioned in
the resolution; the applicant needs to vest the permit within two years which is May 22, 2014.
Staff will ensure the date is included in the resolution.
• Relative to the phasing, there are two buildings potentially to be built; it is the intent of the
applicant to build the convenience market first. Even if they built the convenience market
first,that is really only vesting the convenience market; the two years also applies to the office
building, so they need to make sure they keep the permit process open and there may be a
possibility for an extension if they need a one-time extension for another year, but they do
need to track that time. If they build a convenience market it doesn't mean that they vested the
entire project; the office building would have to be built within two years of the date of the
approval as well.
• Said that in order for the office building to be considered as vested,they would have to file for
a building permit and demonstrate substantial groundbreaking work; they would have to call
for inspection for trenching for the foundation or similar, so that there is actually physical
activity; and once that happens, that is considered vesting of the permit and then the expiration
of the building permit takes over.
• That in itself has some requirements and it has to be kept active and demonstrated within so
many months and an inspection. The initial period for the building permit is 6 months
between each inspection once they break ground, pull an inspection; they are subject to do that
at six months per inspection.
• He clarified that in the use permit condition, after Planning Commission approval, the project
would still have to be reviewed and the actual ABC license would have to be secured from
ABC; there is no condition that speaks to that or talks about concurrent sale of gasoline, or
alcoholic beverages.
• He referred to Cond. 9, Page 35, and said the Commission could consider adding language in
that final condition to include that the applicant shall be responsible to secure the necessary
permits and approval from ABC.
Com.Lee:
• Said that the area was upscale; it is not at the edge of the city or at the border where the other
one was; it is in the Monta Vista area and by Cupertino schools. There are other businesses in
that area which have been around for a long time. She said she was concerned that the
proposed project might degrade the area somewhat.
Com.Brophy:
• He said that he resided in the area, and did not feel the project would degrade the area. There
are controls in the ordinance to make sure that the Sheriff's Dept. is satisfied with any legal
issues.
• Relative to Gary Chao's earlier comment, he referred to a paragraph on the previous item on
the agenda covering ABC approval and suggested they add it to this application, Para. 4 on
Page 9.
Com.Lee:
• Clarified that she felt the overall project is a good project; it is an under-utilized piece of land;
it could be a good commercial or office space in the future and some good tenants; the design
and architecture are good; and they are making good use of the parking. Said she would
support Vice Chair Sun's suggestion about limiting the sale of alcohol to a certain hour.
Cupertino Planning Commission May 22,2012
Vice Chair Sun:
• Said he appreciated that the applicant was willing to accept the suggestion to limit the hours of
sale of alcohol to the certain hours, especially to midnight. He said he was concerned about
businesses selling alcohol after midnight and the potential impacts on the community in the
event there are accidents or loss of life resulting from the sale and consumption of alcohol
after hours,particularly in the area of DeAnza.College.
Com.Brownley:
• Reiterated the comments of other Commissioners that it was a good project consistent with
many of their plans, and specifically the General Plan in Monta Vista area; it will create a nice
market in that corner and will be a benefit to the area. The new office space is great; taking
advantage of that land as Com. Lee mentioned. He said he felt it was important to add the
language suggested by staff.
• Supports the worthwhile project.
Chair Miller:
• Said he supported the project.
Motion: Motion by Com. Brownley,second by Corn. Brophy, and unanimously carried 5-
0-0 to approve Application U-2011-09 and ASA-2011-10, in accordance with the
draft resolutions; with the modifications stated by Commissioners and staff
including that the use permit is good for two years with the date mentioned by
staff; and adding language about the necessity of securing additional permits
through ABC, as well as the timing of alcohol sales ending at midnight; with the
expiration of the use permit to be May 22,2014.
5. CP-2012-01,EA-2012-03 CIP Conformance to the General Plan
City of Cupertino Review of the five-year Capital Improvements Program
Citywide Location (FY 2012-13 to 2016-17) for conformity to the City of
Cupertino's General Plan.
Tentative City Council date: 6-4-2012
Colin Jung, Senior Planner, presented the staff report:
• Reviewed the application summary for the 5-year Capital Improvement Program, FY 2012-13
to 2016-17 for General Plan consistency as outlined in the staff report.
• As with previous reviews, the focus will be only the first year projects, since projects in years
two through five are for long experience uncertain in terms of duration and funding and
priority; and the only certainty with CIP is the first year funding projects.
• He reviewed the first year CIP projects final additions and deletions. Additions include the
Blackberry golf course irrigation upgrade and pond modification; McClellan Ranch education
center; and service center solar carports cost/benefits study. Deletions include City Hall
essential building upgrades,and Civic Center Master Plan projects.
• He reviewed the General Plan consistency findings as listed on Pages 2 and 3 of the staff
report (PowerPoint presentation), including projects relating to: transportation; trails,
sidewalks and repair thereof; fenced dog park; acquisition of Stevens Creek trail linkages; park
and repair work, renovation; projects that reduce flood risks; and projects that provide for
conservation and efficient use of energy resources.
• The Environmental Review category was reviewed, and projects affected were listed on Pages
4 and 5 of the staff report and included in the PowerPoint presentation.
Cupertino Planning Commission 6 May 22, 2012
• Staff recommends a Negative Declaration for the project, excluding the projects that need
deferred analysis; and adopting a model resolution finding the CIP consistent with the General
Plan.
Gary Chao:
• Said that the ERC will look at the project on a programmatic level prior to the Council
adopting the five year CIP Program, to make the finding that it is or is not consistent with the
General Plan policy, or is within the compatibility of one of the policies. Once the program
gets defined by the Council it will come back to the Planning Commission for more detail.
Chair Miller opened the public hearing; as there was no one who wished to speak, the public
hearing was closed.
Motion: Motion by Com. Lee,second by Com.Vice Chair Sun,and unanimously carried
5-0-0 to approve Application CP-2012 and EA-2012-03
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION
ENVIRONMENTAL REVIEW COMMITTEE:
• Chair Miller reported that the CIP item and the hillside property are being developed and will
be presented to the Planning Commission in the near future.
HOUSING COMMISSION:
• Com.Brophy reported there was a discussion about revising how the community development
block grant review would occur next year.
MAYOR'S MONTHLY MEETING: No meeting.
ECONOMIC DEVELOPMENT COMMITTEE: No meeting.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
Gary Chao reported on Council action from the May 15 meeting:
• The Islands Bar and late night hours appeal went to Council, and the appeal was denied; the
Planning Commission's approval was upheld;nothing was changed.
• Petition for reconsideration for the subdivision at Bollinger Road, a determinus at the
Bollinger Road subdivision was also considered by the Council and they heard the
reconsideration but upheld the Planning Commission decision to approve the subdivision.
• Main Street Cupertino project by Sandhill was approved with minor changes.
Adjournment: The meeting was adjourned to the next regular Planning Commission meeting
scheduled on June 12,2012 at 6:45 p.m.
Respectfully Submitted: '°° °`' " ' �Ce =,
Elizabeth s,Recording Secretary
Approved as presented: June 12,2012