PC 12-12-83·crTY o~· CUPERUNO. STA'fE or-CALIFORNIA 10300 TORRE AVENUE, CUP£RTI~O, CA 95014 TELEPHONE: (408) 252-4505
HltlU'l'ES OF THE REGULAR MEE'l'ING OF THE PLANNING COHHISSION ~IELD ON D~CEMtER 12, 1983 IN THE COUNCIL CHAMBER. Cl1'Y HALI.., CUPERTINO, CALIFORNIA
Chairperson Blaine called the meeting to order at 7:30 p.m. in the Council Chamber, City Hall.
SALUTE TO THE FLAG . "
ROLL CALL
Commissione~s Present: Adams, Claudy, Koenitzer, sz·abo,
Staff Present:
APPROVAL OF MINUTES
Chairperson Blaine
Assistant Planning Director Cowan Deputy t;ity Clerk Villarante Plamlf'I' I Piasecki
Assi~tant City Engineer Whitten
~!~y Att¢rney Kilian
It was moved by Com. Koenitzer, seconded by Com. Ada.ms and
passed with a 4-1 vote with Com. Szabo abstaining to approve the
minutes of November 111, 1983 with the following changes, page 2 amend ~~. Krohl's statement regarding 4 to 1 setb~ck requirements, page 3 amend stPtement regarding EIR, page 4 amend i1aragraph 2.
I·~ was moved by
ur animously to sl bmi tted.
Com. Adams, seconded by Com. Claudy and passed approve the minutes of November 28, 1983 as
PC STPONEMENTS OR NEW AGENDA ITEMS
None
WRITTEN COMMUNICATIONS
Assistant Planning Director Cowan rtated to Commission that
letters had been received from Peggy Nis:sin, Darlene Thorne, and
Marius Nels< n.
ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
. ii I. 1. Application 33-U-83 of SAN DIEGO ARMOUR OIL COMPANY: USE
PERMIT to operate a mini-market convenience store, including
the sale of beer and kine, at an existing gasoline station.
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,• ,Minutes of the Dt:oet11br. 1983 Planning Commission
1. (continued) Existing gasoline dispensing faoilit1es will be retained. Environmental Review: The project Jts oategorioally exempt,, hence, no action i.s required. Tho .subjeot proper'tY 1.11 · located on the we.st side of Sarato1.ia-Sum1yvale Roadp oouth of and adjacent to the future West Valley Freeway, approximahly 300 ft. north of W!Lldflower Way in a P (Planned Developoumt with commero:lal and/or residential intent) zoning district. First H1taring. Tentat.tve City
Council hearins date -December 19, 1983.
St~ff Planner Piaaeoki prtrnented " ,staff report to the Commission explaining that the appl iir.:i~tion would ame11d an existing permit.
Com. Cloudy requested that the Code Enforuemer::t Officer be informed of a possible illegal sign at the si.te-.
Rob er t Bell , 1700 S. Commission that they had changes and would like to conform arohitecturally.
River Road, Sacramento, stated to accepted the staff proposal for design request a continuance in order to
Com. Koenitzer questioned whether there would be a deviation from the design guidelines.
Mr. Bell explained to. 1 Commission th't they would . like tO landscape as much as possible and that Architectural and Site Approval Committee '«>Uld consider any opt.ions to landscape.
It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to continue Application 33-U-83 of SAN DIEGO ARMOUR OIL COMPANY to the M~eting of January 9, 1984.
2. Application 35-U-83 of LEO AND HELEN BIANCHI; USE PERMIT to expand an existing 1,700 sq. ft. duplex by adding 800 sq. ft. of living space, converting the existing garage into a living room, and adding a detached garage. ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property ls lc.ioated approximately 225 ft. south of Stevens Creek Boulevard and 125 ft~ east of South Stelling Road in a P (Plannec Development) zoning district. First Hearing. Tentative City Council hearing date -December 19, 1983.
Assistant Planning Director Cowan present the staff report to the Commission stating that the application was commendable for upgrading.
Leo Bianchi, stated to Commission that his objective was to stay in step with the planned development across the street.
Discussion ensued between Commission .and Mr. Bianchi regarding parking and changes at the site.
It was moved by Com. Adams. seconded by Com. Claudy and passed unanimously to close the pubHc hearing.
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,Minutes of the December 12., 1983 Planning Cnmmissio,n.
'-•.;'· " 'fhere being no further discussion it was moved by Com. Claudyft , seconded by Com. Koenitzer and passe-d with a 5..0 vote to; recommend approval of Application 35-U-83 ot Leo and Hehn Bianoh1, with conditions 1 .. 111. 15, 16 amended, 17-20 with findinga and subconoluaionq an, per ~tat'f' r?port.
3. Application 36-U-83 of Walter and Roseann ll'recteriok (Bas Homes): USE PERMIT to add a second rea.idential unit. consisting of 500 sq. ft. to an existing single-famlly home and ENVIRONMENTAL REVIEW: The project is· categorically exempl:., hence, no action is required. The subject propert.y is located on the southeast corner of La:i:aneo Drive and Miner Plaoe in a P (Planned Development with residential, single-family intent) zoning district. First Hearing. Tttnt.ative City Council hearing date -Decemb(:lr 19, 1983.
Staff Planner Piasecki pre·sented the staff report to the Commission stating that the ia:sues were of use and design of the application.
Com. Koenitzer stated that Commission had incorporate the R-1 second 'J.mit. ordinance Development areas and questioned whether the legally oonsi.der the applicat1011.
not wanted to in the Planned Cc>mmission could
City Attorney Kilian stated that PD zone could be amended to allow second units. If Cotm!ission should decide not to include PD zones in the second unit ordinance then they c<>Uld not maim a decision.
Staff Planner Piasecki sti::ted to Commission t:-tat the C:\ty Council would have to make the change to the ordinance.
Roseann Frederick read a letter to Commission explaining their compliance and cooperation regarding the application.
Walter Frederick explained to Commission t~e changes of the kitchen design.
Mr. Taylor, stated to Commission that he wants to protect the surrounding l':.omes from a boarding house. He stated that he felt
it would destroy the neighborhood and that the applicant was just trying to convert the house into money making property. He
went on to state that to allow a necond unit i.n the pli:.nned development would be an invazion of privacy sincte it would overlook other backyards~ · He objected to the outs:Lde .deck and felt that the application posed future parking probliems and that he would like the Comr11ission to vote against the application.
Discussion ensued between possible parking problems ahe application.
staff and Commission regarding· and rental s) tuation in the area of
Peggy Nissan, 101911 Miner Place, stated to Commis:don that the area i:J very different than al"! R-1 development as the streets are narrower and designed for one story homes in the area.
Emma Ba::>sett, 10224 Miner Place, stated to Commission that she
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.Minutes of the Deoember 12. 1983 Pl&"lning Comm!asfan.
felt the proposed north wall 111indows would infringe upon her ·.· · privacy. She went on to oonrnemt about the rental of rooms at the .site which she 5tateci had cone on sinoa August of 1962.
Mrs. Bas:sett statad that. she h.'ld s.poken to the City's Codia Enforcement Officer regarding the illegal rentals.
City Attorney Kilian, stated to Mrs. Basset that he would speak to the r.ode Enforcement Officer regarding di~p-araing citations if needed.
Leonard N~urnan. 10275 Virginia Swan Pla1::e, stated to Commission that he would attest to the parking problems in tha area.. He went on to state that the applicatii:m should be denied and· questioned the Fredericks intent regarding the rentals.
Wayne Shannon, 10265 Virginia Swan Pho fit, oornmented Commission that th!~ streets surround fog the site crowded and that he concurred with Mrs. Bassett's regarding the lack of privacy di.le to th1i second story. stated that he would like to see the applfoat1on deniad.
. ~ . l •
to the are very feelings He also
Jim Tapling, 10193 Miner Place, stat.ed to the Commission that he concurred with all previous opinions regarding the applioatio!'l and he had very strong feelings aga:i.ns't change in the R-1 and PD
Zones regarding second units.
Mrs. Frederick, attempted tc clarify to the Comniissior1 t.he proposed intent of the application.
City Attorney property must
change hands.
Kilian explained to Mrs. Frederick that the be owner occupied even if the property were to ·
Mrs. Frederick, stated to Coll'llllission that they were only renting to help her daughter out ~nd that the renting would end when her daughter graduated from school.
Mi·s. Bassett, :stated to the Commission that she hoped the application would be denied.
It was moved by Corn. Claudy, seconded by Com. Adams and passed unanimously to close the public hearing.
Commission discussion ensued with staff regarding allowing second stories and second units in PD Zones.
It was moved by Com. Claudy, seconded by Com. Koenitzer and denied with a 5--0 vote as per staff recomnv,ndation that the application is inconsistent with policy and that there is no compelling reason for changing the implied contract with neighbors and additionally, the proposed staircase is inconsistent with second unit requirements and additional parking generated would cause problems.
Com. Koenttzer .and Chairperson Blaine gave brief explanati.ons and histo1·y regarding the secono unit ordinance.
RECESS: 9;25 p.m. to 9:35 p.m • .....l.1-
,Minute~ of the %'l&Q.ember -1983
4. Appliaation 2e .... e-so (Revised) of GROSVENOR XNTERNATIONAL. CALIFORNIA, LTU. -. CVALLCO PARK): AMENOMEl\'T 01'~ /1 PREVIOUSLY
APPROVED USE PERHlT to increase the permitted induat.,.ial __ ' building area_ t'rom 49S, 000 aq. ft. to 600, 000 sq. ft. -and ENVIRONHEH'!AL REVIEW: '!'he Envirom11ental Review Committee ·-determined tbat the projoot impacts were previously ass•sBed as part of the Environmental Impact Report for General. Plan . Amendment 1-GPA-80. The subjl?Ct property oonsistl'$ of 31+ acres located on the south side of Pruneridge Avenue approximately 500 ft.' weAt of Tantau Avenue in a MP (Planned
Industrial Park) zoning district. First Hearing. City Council hearing date -December 19, 1983. 1'entat:lve
Assistant Planning Director Cowan presented a staff report to the Commission explaining that the application was to modify in conformance with the General Plan.
Frank Juszczyk, 44 Montgomery St., San Francisco, stated to Commission that he would like an explanat!on of condition 17.
Chairperson Blaine stated that it would be a subject for City
Council discussion.
City Attorney Kilian explained that the fees would be determined at the time he went in to pay his building permit fees. e Discussior. ensued between staff and Mr. Juszczyk regarding condi t:l.on 17.
It was moved by Com. Koenitzi&r, seconded by Com. Ada.ms and passed unanimously to close public hearing.
There being no further discussion, it was Koenitzer 9 seconded by Com. Claudy and passed recommend the granting of a-Negative De~laration.
moved by Com. unanim°'usly to
It was moved by Com. Koenitzer, seconded by Co.'ll. Claudy and
~assed with a 5-0 vote to recomend approval of Application 28-U-80 (Revised/ of Grosvenor International California, Ltd. with conditions 1-14, 15 amended, 16, 17 revised and with findings and s\.'.hconclusions as per staff report. ·
5. Application 12-U-78 (Revised) of THORNWOOD ASSOCIATES (PIZZA
PEDDLER, INC.): USE PERMIT to ope:"ate a restaurant (Pizza Parlour) within the existing Homestead Lanes (Brunswick) Center and ENVIRONMENTAL REVIEtt/: The project is categorically exempt, hence, no action is required. The Homestead Lanes Center is located on thfl southeast corner of Homestead Road and Stelling Roacl .in a P (Pla11ned Development with recreation, entertainmt:int and U.mitecl commerical intent) zoning :!istrict. First Hearing. Tentative City Council hearing date -Dr.:c~ber 19? 1983.
6. Applioatfon 38-U-83 of TBORNWOOD ASSOCIATES: USE PERMIT to operate a hair salon within the existing f~mestead Lanes (Brunswick) Center and ENVIRONMENTAL !lEV!EW: The project is
categorioally exempt, hence, no action :l3 required. The -5-
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,Minutes of the December 12, 1983 PlannintI 1.::ommisSion
Homestead Lanes Center i.s located on the southeast ooi~ner ot'' .. · Homestead Road and Stelling Road in a P (Planned Oevelopm<mt with rooreatioo, entertainment and limited commeroial · intent} zoning distrkt. First Hearing. Tentative City Council hearing date -December 19, 1983 •
. Assistant Planning Director Cowan presented a l!.ltaff report to tt.oe Commission. Hli stated that although the proposed plan showed a deficit in parking the staff was not oonoerned in light of tha past pat"king history. He went on to oommtant that on6 of the Counoilmembers had received a complaint regarding garbage at the site.
Russell Beardsley, Brunswick . Corp.,, stated to the. Cominbsion that he had met with the Planning Deprtment staff regard :Lng the current parking situation at. the center. He stated that detrimental effects would be felt with the expansion of the center in regards to parking. He went on to comment that he felt the City Counoil soould look into the availab:llity of parking at the site.
Discussion ensued b1eti,reen staff~ Commission and Mr. Beardsley regarding the parkin~t situation st tha center.
It was moved by Com. Claudy, s&condea oy Co;:;. Koenitzer and passed unanimously to continue Applications 12-U-76 (Revised) and 38-U-83 of Thornwood Associates to the meeting of January 90 1984.
7o Application 30-U-81 (Revised) of ELI MCFLY: USE PERMIT to allow dancing .llnd live entert.airunent within t.he existing Eli McFly Restaurant/Bar establishment and ENVIRONMENTAL REVIEW: The project i~ categorically exempt, hence, no action is required. The Eli HcFly Restaurant is located in the Rancho-De Anza Shopping Center on the southwest corner of Valley Green Drive and North DeAnza Boulevard in a P (Planned Development) zoning district. First Hearing. Tentative City Counr · 1 hearing dat;e -December 19, 1983.
Staff Planner Piasecki presente<l a staff report to the Commisson stating that City Council policy discourages late night uses itl. small areas and that since Planning Departmt'lnt has received oomplaints in the past Commission ,should consider a one year temporary use permit with evaluation.
David Nevis, Eli McFly. stated to Commission that he had reviewed the staff report and can live with all the conditona except condition 21 B. He went on to comment that he did not believe there would be any chance to accomplish the condition and that he felt the addition of music would not create parking problems. Mr. Nevis also stated that he ha:> heard no recer..t complaints regarding parking 'it the center.
Com. Koenitz<'!r questioned Mr. Nevis as to alternate parking 1f Apple Computer ~ere t,,..)" clo.se off its p'arking lot.
Hr. Nevis explained to the Commission that they had stopped the parking of employees at the Apple C~mputer lot and added that -6-
,Minutes or the De0Ell'l1ber 12, 1983 Planning Comrlhston;
they would '-«>t'k with Zilog aoross the street for additional parking if needed.
Diaou:wiol'l en~ued between Mr. Nevh and· Comm.tssion regarding prldng at the 09nt0r and adjacent lots.
Darlene Thorne, Chamber of Commaroe, reminded Commission thf't the current parking ordinance was being revised.
It was moved by Com. Cl&.rudy, seconded by Com. Adans and passed unanimously to close the public heal"ing.
Commission discussion ensued regarding the application.
It was moved by Com. Claudy, seconded by Com. Szabo and passed with a 5-0 vote to approve application 30-U-81 (Revised) of Eli McFly with conditions 1-1'(, 16 amended to stat,e that the use permit .shall expire on June 30, 198~, 19 a."l!ended, 20, 21 a and
b, and with the requirement of public hearing for review if there is evidence of parking problems before expiration datD.
8. Application 19-TM-83 of Pl10METHEUS DEVELOPMENT COMPANY (CUPERTINO CITY CENTER): TENTA'fIVE PAFiCEL MAP to subdivide
approximately 25+ acres into four parcels and ENVIRONMENTAL
REVIEW: The project was previously assessed, hence. no action is required. The subject property is located on too' southeast corner of S.tevens Creek Boulevard and De .Anza Boulevard in a P (Planned Development) zoning diatrict. Fir st Hearing.
Assistant Planning Director Cowan presented a . staff report t:o the Commission di3.c,ussing the oond~tions of approval.
Mark Krohl, Prometheus Development, had rlO comments regarding the application.
There being no further discussion it was moved by Com. Adams, seconded by Com. Claudy and passed unanimously to close public hearing.
It was moved by Com. Adams, seconded by Com. Koenitzer, and pa.s:::ed with a 5-0 vote to approved application 19-TM-83 of Prometheus Development with conditions 1-15, Hi rewordeda 17, 18 reworded, 19 d<!leted, 20 B amended, 21-23 and findings and
subconclusion.s as per staff report*
9. Application 20-TM-83 of DE ANZA PROPERTIES (JOHN VIOOVICH -TOWN CENTER): TENTATIVE SUBDIVISION MAP (20-TM-83) to subdivide approximately 13.5 acres into 37 parcels consisting vf one parcel to accomodate a future office building and 36 parcels to accommodate 248 future residential condominium units and ENVIRGNMENTAL REVIEW: The project was previously assessed, hence, no action is
required. The subject property !s located between Stevens Creek Boulevard P.nd Rodrigues Avenue approximately 800 ,ft.
west of Blanar Avenue in a P (Planned Development) zonirlg district. First lfoar:tng. Tentative City Council hearing date -December 19, 1983.
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e
,Minutes of the Dtioembt1r 12, 1983 Planning Co.mission
Staff Planner Piasaclc;t presented a staff Commission.
report to
John Vidovich stated to Ccmmisai.on that he had no comments.·. and would answer any questions.
Com. Koenitzer stated that he would like to see the residential bu.U t before the offide builr.Hng.
There being oo further discussion it was moved by Corn. Ad~s, seconded by Com. Claudy and passed unanimously to close public
hearing.
by Com. Claudy, seconded by Com. Adams and passed It was moved with a ll-~ application Center) with subconclusions
vote with Com. Koenitzer di.saentin~ to approve 20-TM-83 De Anza Propertie:i (,John Vidovich-Town
c~ndition:s 1-27 and with findings and as per 3taff report.
UNFINISHED BUSINESS
10. Application 7-U-69: STEVEt!S CREEK RANCH STABLES Re-examination of an existing use per~~t. Continued from Planning Commi:Jsion m1ii~ting ot' November 28, 1983.
City Attorney Kilian "3tated to requested to set a public hearing that no testimony WO>uld be allowed on t.o state that ther~ had been no two parties.
Co!llllission that they were date for the application and at tonights meetin~. He went resolution so far between the
John Coward, Rancho Deep Cliff, stated to Commission that they had met with Mr. Jackson and that nothing had been resolved.
Jim Jackson, attorney for Mr. Brooks, stated to Commission that he would like to initiate a hearing and would like to be notified of a date, but that he would like to cor1tinue for 60 days time to attempt to take steps to alleviate the problem if possible and thus eliminating a need for a hearing.
Mr. Cowardt commented to Collllli~sion that no progress has been made in the la8t 3 or !I months to alleviate the problem and stated that r.e felt delaying the hearing would uot help.
Mr. Jackson stated to Commii"·~ion that communication efforts have riot been carried through and that Mr. ~rooks has not be~n contacted by the complaintant since the initial complaint. was
filed. · •
Com. Claudy stated that he would like to hear evidence from the County Health Department.
City Attorney Kilian stated that he would not like the Commission to be prejudiced by initial testimony and that a court recorder would be required and possibly video recordation requfred at the hearing of the Etpplication.
lt was moved by Com. Claudy~ seoonded by Com. Szabo and passed with a 5-0 vote to schedule the public hearing for Ula permit -8-
Minutes of the D~ember 12, 1983 Planning Commission
revokation of application 7-U-69 of Stevens Creek Ranch Stables for the meeting of Wednesday February 15, 198~.
There was brief discussion of a possible field trip to the site in question between Commssion and staff.
NEW BUSINESS
11. Report regarding City services Combining Zone.
Assistant Planning Director Cowan presented a brief staff repor·t to the commission.
Discus1::1ion ensued between staff and Comlilission regarding the modi fioations.
Chairperson Blaine requested that City Attorney Kilian research the issue of City services.
REPOR'f OF THE PLANNING CG1HISSION
Com. Claudy requested that the Code Enforcement Officer be advised of an illegal struct,ure :l.n the Das Homes area.
'; REPORT OF THE ~LANNING DIRECTOR
Assistant Planning Director Cowan stated that the City Council had eliminated the Speci fie Pl an citing that the fees were not needed.
12. Report regarding control of refuse at Bateh Brothers Liquors and Groceries located at the southwest corner of Stevens creek Boulevard and Foothill Boulevard.
Assistant Planning Director Cowan st'Jted to Commission that the problem still exists. He went on to staf;.e that the Code Enforcement Officer had been out to the site and has ordered City employees to clean up the garbage at the oWirnr· s expense.
Meeting was adjourned at 11:55 p.m.
Approved:
~ Chairperson