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PC 10-28-2014 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO REGULAR PLANNING COMMISSION MEETING APPROVED MINUTES 6:45 P.M. OCTOBER 28,2014 TUESDAY CUPERTINO COMMUNITY HALL The regular Planning Commission meeting of October 28, 2014 was called to order at 6:45 p.m. in the Cupertino Community Hall, 10350 Torre Avenue,Cupertino, CA. by Chair Paul Brophy. SALUTE TO THE FLAG ROLL CALL Commissioners present: Chairperson: Paul Brophy Vice Chairperson: Winnie Lee Commissioner: Margaret Gong Commissioner: Don Sun Commissioner: Alan Takahashi Staff Present: Assistant City Manager: Aarti Shrivastava Assistant Director of Community Development: Gary Chao Assistant City Attorney: Colleen Winchester APPROVAL OF MINUTES: 1. Draft minutes of October 14, 2014 Planning Commission meeting: Motion: Motion by Com.Takahashi,second by Com. Sun,and unanimously carried 5-0-0 to approve the October 14,2014 Planning Commission minutes as presented. 2. Draft minutes of October 20, 2014 Planning Commission meeting. Motion: Motion by Com. Sun,second by Vice Chair Lee,and carried 4-0-1,Com. Takahashi abstained; to approve the October 20,2014 Planning Commission meeting as presented. WRITTEN COMMUNICATIONS: • Noted communication relative to the recent accident on McClellan Road, regarding request for curfew for big rig trucks on the road during school commute hours in Cupertino POSTPONEMENTS/REMOVAL FROM CALENDAR: • Request that Item No. 4, Hillside Exception and Tree Removal on Rainbow Drive be continued until November 25, 2014 Cupertino Planning Commission 2 October 28,2014 MOTION: Motion by Com. Gong,second by Vice Chair Lee,and unanimously carried 5-0-0 to continue Application EXC-2014-09,TR-2014-42,EA-2014-07 (Item 4) to the November 25,2014 Planning Commission meeting. ORAL COMMUNICATIONS: Dr.Darrel Lum,representing CCC: • Said he was unable to attend the October14 and 20, 2014 Planning Commission meetings, at which time Com. Sun questioned why there wasn't more public attendance for the General Plan Amendment and Housing Development topics. He said the reasons discussed were valid; however, another reason is that the public does not trust the process because it hasn't been very responsive to their interests; , and he was not sure how to get more public interest. The public has no inclination to spend a great deal of time at the Planning Commission or City Council meetings when they feel they are not really being heard. He said Com. Sun mentioned there were a lot of vacant seats at the meeting. • Many years ago there was a meeting with standing room only audience and the City Council planned to adjourn the meeting because of the late hour to the next day at 3 p.m. Many of the audience objected because they said they had to work the next day; the school superintendant was at the following meeting and most of the meeting was spent listening to the school superintendent,when the schools are not supposed to be factored into the decisions made. The citizens do not feel that the process includes them, and as a result they don't attend the meetings. He said he felt the process had to be improved to respond to the public's comments and interests. The Commission may decide not to go along with their comments, but they don't feel that the Commission is responding to their comments at all. The process just doesn't work. Rhoda Fry, resident: • Said that 15 years ago they were given the opportunity for an historical interpretive center adjacent to Snider House which was sold to the Cupertino Rancho San Antonio m p a trail at , the Hammond S Historical Society by the Catholic Diocese during the development of Oak Valley. The General Plan recognizes Cupertino's oldest Victorian era farmhouse as a historical resource that must meet specific standards. For years the house was lovingly maintained by a caretaker; it is now vacant and suffering from willful neglect. According to city records the quarry next door had to either install improved pollution controls or insure the home's vacancy. Rather than installing pollution controls which would have protected the health of the family in the house, the cement company is leasing the home from the Historical Society. Through 15 years of ownership the Historical Society has been unable to live up to its fiduciary duty and plans. How could the city allow this to happen? There has been talk about moving the house to McClellan Ranch, but the history is in the site. Perhaps the Cupertino Historical Society should turn over the house, land and earmarked funds to the city of Cupertino before the Hammond Snider house either falls down or burns down. Please do something before it is too late. Com. Sun said he had visited the home site recently. CONSENT CALENDAR: None PUBLIC HEARING: 3. U-2014-06 Use Permit to allow an interior bar within an existing Dwane Kennedy grocery store. Planning Commission decisionfm al (Whole Foods) unless appealed. 20955 Stevens Creek Blvd. Cupertino Planning Commission 3 October 28, 2014 • Staff presented the application for a use permit to allow an interior bar within the existing Whole Foods grocery store. Under the CG Ordinance, eating establishments with a separate bar facility are required to have a conditional use permit. He reviewed the surrounding facilities and uses adjacent to the grocery store. Whole Foods does have an ABC license to have onsite sale and offsite consumption of a full range of alcoholic beverages;the bar hours of operation are consistent with the grocery store hours 8 to 10 p.m. within the existing indoor cafe and bar area and the existing 84 outdoor patio seats. Alcohol is limited to beer and wine service and no wait service is provided. Parking standards for the site conform to the Municipal Code parking standards. The Sheriff's Department has reviewed the security and business plan and supports the project. • Staff recommends that the Planning Commission approve the use permit for the separate bar facility per the draft resolution. • Staff said that no neighbors have submitted any comments relative to the application. The project falls under the CEQA categorical exemption category as it exists within an existing structure and adding a service to something that already exists. It is exempt from an environmental analysis as it is not subject to any environmental impacts. Dwane Kennedy,Land Use Consultant,Whole Foods: • Said they do similar projects in a number of jurisdictions throughout Northern California. Scott Sherman,Cupertino Whole Foods Store Team Leader: • He explained the ABC license types. In 2007 a Type 41 license was issued and it was operational, and in the last year or two the company changed the market bistro; they removed that service and all that has to be done is to reactivate it. It has already been applied for and once the Planning Commission grants the approval and the Commission clears the appeal period, they will go ahead and reanimate the Type 41 license. He said they were anxious to be operational and that should occur within a week after they clear the appeal period. A sign will be posted on the premises that will indicate that alcoholic drinks are not permitted outside of a specified area. Chair Brophy opened the public hearing. Rhoda Fry, resident: • Said she read that parking was okay by the numbers, but as a Whole Foods customer she questioned that. She said that many times she has gone to the Whole Foods store and won't stay there to shop, because the parking lot is too crowded and she is concerned that people will stay longer. She said there will be more parking demands; she said she knows from personal experience that there are pedestrian safety issues; one can end up walking among cars and it is very tight in the parking lot. Said she knows the numbers work but hoped they would look at the soft side as well. She said it seems that a lot of projects that are approved in Cupertino tend to be under-parked. Scott Sherman: • Said they are always concerned about parking and have only run out of spaces on the Wednesday before Thanksgiving; and store team members go out to the parking lot and direct traffic. He said problems arise when people drive in off Stevens Creek and want to immediately park in that area. There is plenty of parking; they have conducted frequent audits because some customers voice their concerns; there is a lot of parking on the produce side of the store and they are trying to find a way to better educate their customers by getting them to pull in a little further down. He suggested the Stelling Rd. entrance to pull in; audience members said that was the entrance they used. • Mr. Sherman said that the conditional use permit for the food truck operation was successful. He noted that when he left the parking lot at 6 p.m.there was still plenty of parking available. Cupertino Planning Commission 4 October 28, 2014 Chair Brophy closed the public hearing. Vice Chair Lee: • Said she was not comfortable with the wine bar being located across the street from DeAnza College. She said she felt there are many students that go across the street to study in that area; also to Panera Bread where they go for a couple of hours to study. It may be good for some communities, but the location of a bar area and a study area might be disruptive to students. Cupertino is an affluent area and has very high achieving students who may feel depressed sometimes. Said she felt students should look to other ways of relieving stress, not drugs or alcohol. • She said it was not an unreasonable application; and she would probably be in the minority, but she did not feel comfortable supporting the project. Chair Brophy: • Relative to Vice Chair Lee's comments, he said his guess would be that the wine bar is likely less of an issue; it is not like Paul and Eddy's bar across the street. Said it is a good point for them to consider but he felt he was not overly concerned about how the wine bar fits into the overall operation of Whole Foods. He said he understood Vice Chair Lee's view of the project. Com. Sun: • Said he has given the wine bar project a great deal of thought, whether it is appropriate for Whole Foods Market to have a wine bar on their premises. When considering the Elephant Bar application, he said he voted No on the project, but the Whole Foods operating hours end at 10 p.m. which is a safe hour. Whole Foods has an excellent business model and a good reputation. He said he understood Vice Chair Lee's concerns about having a wine bar located across from DeAnza College, and while he sympathized with her position on the project,he was going to support it. Vice Chair Lee: • Said one of her main concerns is the difficulty someone recovering from alcoholism would have when going to the supermarket and being faced with the smell of alcohol and having temptations. With Paul and Eddy's bar it is a separate location, with Islands Bar they will just avoid it, but for Whole Foods it is a grocery store. Com. Sun: • Said that Whole Foods has the mission to deliver organic food and provide house food to the public which is their logo. He asked the store manager if providing a wine bar at Whole Foods stores fits their culture. How many Whole Food Stores and what percentage provides onsite liquor? Scott Sherman: • Said he was not certain about the percentage but they have quite a few stores in No. California; the Alameda Store near the Sharks Tank in San Jose is going to have a micro brewery and a beer garden also. He said Whole Foods doesn't preach or dictate what people should eat; they provide healthy choices for customers. They will also have other seating in the store; they currently have seating in the front of the store and outside the front of the store;there will be plenty of areas for them to sit. • He added that there will be areas both inside and outside of the store where it will be posted that no alcohol can be consumed in those designated areas. Motion: Motion by Com. Takahashi,second by Com. Gong and carried 4-0-1,Vice Chair Lee voted No; to approve the conditional use permit Application U-2014-06 for the consumption of alcohol on the premises. Cupertino Planning Commission 5 October 28,2014 OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION: Environmental Review Committee: • Chair Brophy reported at the meeting the Hillside Exception and Tree Removal application which was continued to November 25th was discussed. Housing Commission: No report. Mayor's Monthly Meeting With Commissioners: No report. Economic Development Committee: No meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Written report submitted. Adlournment• • The meeting was adjourned to the next Planning Commission meeting on November 10,2014 at 6:45 p.m. 3 4 Respectfully Submitted: '�R �{ Elizabeth�tlfis,Recording Secretary Approved as presented: October 28,2014