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PC 05-14-8412 f' CITY OF CUPERTINO, STATE OF CALIFORNIA PC-439 10300 TORRE AVENUE TELEPHONE: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MAY 14, 1984 AT 7:30 P.M. IN THE COUNCIL CHAMBERS CITY HALL, CUPERTINO,'CALIFORNIA Vice -Chairperson Koenitzer called the meeting to order at 7:30 p.m. in the Council Chambers, City Hall. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Adams, Claudy, Szabo, Vice -Chairperson Koenitzer Commissioners Absent: Chairperson Blaine Staff Present: Dir. of Planning & Development Sisk Assistant Planning Director Cowan Deputy City Clerk Villarante City Attorney Kilian APPROVAL OF MINUTES It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously ® to approve the minutes of March 26, 1984 as amended. It was moved by Com. Adams, seconded by Com. Claudy and passed with Com. Szabo abstaining to approve the minutes of April 9, 1984 as amended. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None CONSENT CALENDAR None PUBLIC HEARINGS: 1. Application 1-GPA-84 of CITY OF CUPERTINO: PUBLIC HEARING to consider General Plan Amendments including, but not limited to, the amendments described below: a. A General Plan policy which would eliminate the current policy of recognizing all lots of record except those located in substantially unimproved paper lot subdivisions. is -1- MINUTES OF THE MAY 14, 1984 PLANNING COMMISSION MEETING b. Amend the vertical and ho izontal alignment for the Stevens Creek Boulevard Street Plant Line for the segment of Stevens Creek Boulevard located ,west of the Old Monta Vista commercial district'to Foothill Boulevard. First Hearing continued. Assistant Planning Director Cowan presented a staff report to the Commission. I Com. Koenitzer questioned staff as to the intent of General Plan Policy 2-40. Assistant Planning Director Cowan gave a ,brief explanation of the General Plan policies. �I City Attorney Kilian stated that the Commission might want to consider the issues of Health, Safety and Welfare and' Zoning separately. He went on to question whether they would want to allw exceptions. Discussion ensued between Commission';�and the City Attorney regarding variances and wording regarding exceptions and findings. Ann Anger stated to the Commission thatJshe was concerned with the 25 ft. lot issue and commented that if allowed to build they would be a detriment to the property owners in the area. Commission discussion ensued with t'e City Attorney regarding the basis for findings. II It was moved by Com. Claudy, seconded by Com. Adams and passed with a unanimous vote to recommend approval;J;of Application 1-GPA-84 of the City of Cupertino with findings and subconclusions as per staff report and recommendations as discussed. 2. Application 8-TM-76 (Revised) of LARRY WILLARD (RAINBOWS END): TENTATIVE MAP to amend conditions l' of subdivision map approval for Tract No. 5990 to permit expansion�of;the building envelope for Lot 15 of said subdivision and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located only the south side of Rainbow Drive approximately 500 ft. westerly of Bubb Rd. in a RHS (Residential Hillside) zoning district. First Dearing continued. Tentative City Council hearing date - May 219 1984.. Assistant Planning Director Cowan resented the staff report to the Commission. Discussion ensued between Commission and City Attorney Kilian regarding ng possible litigation measures. II Mr. Kelley gave a brief dissertation,on geology of the site to the Commission. It was moved by Com. Szabo, seconded by Com. Adams and passed unanimouly to close the public hearing. _2r MINUTES OF THE MAY 14, 1984 PLANNING COMMISSION MEETING Commission discussion ensued regarding the application. It was moved by Com. Claudy, seconded by Com. Szabo and passed unanimously to recommend approval of a Negative Declaration. It was moved by Com. Claudy, seconded by Com. Adams and passed with Com. Szabo abstaining, to recommend denial of Application 8-TM-76 of Larry Willard as the application does not meet all requirements for a zone change and as the encroachment into the setback area was unwarranted due to abundant building space already available on site. 3. Application 5-U-84 of GARY STOKES (MARIANI GROUP COMPANIES): USE PERMIT to convert a vacant service station to an automobile smog test station to test and repair smog equipment and ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the southwest corner of Homestead Road and North DeAnza Boulevard in a CG (General Commercial) zoning district. First Hearing. Planning Commission has final approval. Assistant Planning Direct Cowan presented a staff report to the Commission which recommended denial of the Application. Gary Stokes stated to the Commission that he did not concur with the staff decision and that the application was for a temporary location for a smog testing station while they are negotiating for a permanent site. He went on to comment on the conditions. Carol Horn, Building Manager for Mariani Co., stated the company's intentions to the Commission regarding the site. It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to close the public hearing. Commission discussion ensued with Mr. Stokes. It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to recommend approval of Application 5-U-84 of Gary Stokes (Mariani Group Companies) for temporary use for a period of one year from the granting of the building permit with conditions 1-14, 15, 16, 17 modified to state from the granting of the building permit, 18 modified to state the landscaping shall be in accordance with the applicants plan and shall have a sprinkler system, condition 199 20, 21 added to state that the pump stations shall be removed, 22 added to state that the parking stalls shall be relocated to the rear or side of the building, 23 added to. state that the applicant shall have the option to pave if weeds are kept down with other means, 24 added to state that the building will be painted. Discussion ensued between staff and Commission regarding conditions 1-14. It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to send a minute order to the City Council to review conditions 1-14 as • they apply to the application. RECESS: 9:07 p.m. to 9:20 p.m. ME MINUTES OF THE MAY 14, 1984 PLANNING COMMISSION MEETING 4. Application 6-U-84 of RUSTY PELICAN„I RESTAURANT (VALLCO PARK, LTD): • USE PERMIT to construct and operate a restaurant and bar consisting of 10,300 sq. ft. and ENVIRONMENTAL''IREVIEW: The Environmental Review Committee recommends the granting ,of;a Negative Declaration. The subject property is located on the southwest corner of Wolfe Road and Pruneridge Avenue in a P (Planned Development with General Commercial, Office and Recreational Intent) zoning district. First Hearing. Tentative City Council hearing date;l May 219 1984. : J� Director of Planning & Development SiskIpresented a staff report to the Commission. Walter Ward, General Manager, Vallco Park, commented to the Commission regarding the conditions. Randy Hallett, President, Rusty Pelican,'ICo,., gave a brief history of the company to the Commission. Rick Vaughn,made a slide presentation of various restaurant locations to the Commission. Mr. Hallet stated to the Commission, that the architecture would be a combination of previously used styles. '111 Howard Reed stated to the Commission ghat he was concerned with Linnet being opened to through traffic. II Walter Ward stated that there were no intentions of opening up the street. '11 Mr. Hallett expressed his concern with a possible loudspeaker system facing the residential areas. 11 Mr.. Reed gave a brief explanation of the site plan to the Commission. Discussion ensued between staff, the applicants and the Commission regarding the conditions. 1' . Warren Mine, stated his concerns to thl Commission regarding access to his fathers property. Discussion ensued with staff and 'Commission regarding reciprocal access/easements between Vallco Park and the Mine property. It•was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to close the public hearing. It was moved by Com. Claudy, seconded y Com. Adams and passed unanimously to recommend approval of a Negative Declaration. It was moved by Com. Claudy, secondediby Com. Adams and passed with a unanimous vote to recommend approval of Application 6-U-84 of the Rusty Pelican Restaurant with conditions 1-,16, 17 modified stating that the outside patio speakers shall be used 'for paging only, conditions 18, 19, �„ _4P MINUTES OF THE MAY 14, 1984 PLANNING COMMISSION MEETING 20, condition 21 modified to state that compact parking spaces shall be distributed in the parking lot, drop condition 22, conditions 23, 24, condition 25 modified to exclude 5 ft. planter, conditions 26, 27, 28 and with findings and subeonclusions as per staff recommendations. 5. Application 7-U-84 of AMERICAN DESIGN AND ENGINEERING (LOPEZ/CAMPBELL): USE PERMIT to construct two attached single-family houses on two parcels consisting of .12 of an acre and ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the east side of Peninsula Boulevard approximately 250 ft. south of University Way in a P (Planned Development with residential intent) zoning district. First hearing. Tentative City Council hearing date - May 21, 1984. Director of Planning and Development Sisk presented the staff report to the Commission. Commission discussed City Council denial of the application with staff. Robert Villas, architect, stated to the Commission that the Council made no findings and no grounds for denial were given. He went on to state that he hoped the Planning Commission would be consistent in their findings. Dorothy Beck, 10245 Empire Avenue, stated to the Commission that she was against the construction and felt Commission should not allow buildings on 25 ft. lots. Ms. Beek went on to state her concerns regarding aesthetics of the neighborhood, possible fire hazard and setbacks on the lot. Ann Anger stated to the Commission that she felt the City Council should make the final decision regarding the site and that the City Council was waiting for the Commissions guidelines regarding 25 ft. lots in the Monta Vista area. Mr. Villas, reiterated the fact that the units would not be rentals and that the neighbors adjacent to the site were not concerned with the proposed construction. Ann Anger stated to the Commission that she felt the neighbors did not know of the proposed construction and that Cupertino already had its share of low income housing. It was moved by Com. Adams, seconded by Com. Claudy and passed unanimously to close the public hearing. It was moved by Com. Claudy, seconded by Com. Adams and passed with a unanimous vote to recommend approval of Application 7-U-84 of American Design and Engineering as per staff recommendation with Architectural and Site Approval Committee to review plan for changes and landscaping. 0 -5- . N MINUTES OF THE MAY 14, 1984 PLANNING COMMISSION MEETING 6. Application 33-U-79 (Revised) of " GREGG C. BUNKER (PHOTO DRIVE -UP): • USE PERMIT to add approximately 42011sq. ft. to an existing 1,200 sq. ft. commercial building and ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the northwest corner of Saratoga -Sunnyvale Road and Wildflower Way in a P (Pla ed Development with commercial and residential intent) zoning district:; First Hearing. Tentative City Council hearing date - May 219 1984:: Director of Planning & Development Sisk presented staff report to the Commission and commented that staff -would like to require proof of legal ownership. I Phil Swimmer stated to the Commission" that the sidewalks and general improvements have been made but that,:IIhe felt participation in street improvements at this time was inapprookate. Mr. Swimmer went on to state that the signage was in conformance,J the trash enclosure was sufficient and that he would research the information regarding the lot. Commission discussion ensued regarding the site. 11 It was moved by Com. Adams, seconded by Com. Claudy and passed unanimously to close the public hearing. Discussion ensued between Commission and staff regarding zoning and a waiver of the conditions of approval. It was moved by Com. Claudy, seconde�,Iby Com. Adams and passed with a • unanimous vote to recommend approval of Application 33-U-79 (Revised) of Gregg C. Bunker (Photo Drive -Up) with conditions 1-16A&B, 16C modified to state that existing landscaping is in substantial compliance with the General Plan, conditions 16D9 17 aid'findings and subconclusions as per staff report. UNFINISHED BUSINESS: 7. Interpretation of General Plan (application of floor area ratios to motel development) - Pinn Brothers! Assistant Planning Director Cowan presented the staff report. Commission discussion ensued regarding City Council recommendations regarding FARs. John Vidovich stated to the CommissIion that motels would fill a need in Cupertino and that they should not ''he too restrictive setting FARs for them. Ann Anger questioned Commission regarding possibility of a motel in the Monta Vista area. It was the consensus of the CommissioA to continue discussion of this item to the next meeting and to allow furtihee research by staff. u 0 MINUTES OF THE MAY 14, 1984 PLANNING COMMISSION MEETING NEW BUSINESS: 8. Application 17-U-83 - Town Center Properties (John Vidovich) Modification of North Building Elevation (Stevens Creek Blvd.). Director of Planning and Development Sisk presented the staff reporC and commented on ASAC recommendations for the project. John Vidovich commented to the Commission that he was not sure he wanted'' to remove the balconies since he felt they gave the building character and . that they may want to continue till the drawings were finished. Sylvia Kwan, architect, explained the changes and color scheme of the building to the Commission, stating that the balconies were not useful. Commission discussion ensued with the consensus being to continue the item for two weeks. REPORT OF THE PLANNING COMMISSION: Com. Claudy stated he would like the Community Services Officer to go to the Bateh Bros. Liquor store and check on the trash situation. Com. Koenitzer discussed weed abatement on an adjacent site. REPORT OF THE PLANNING DIRECTOR: None ADJOURNMENT: The meeting was adjourned at 11:45 p.m. Attest: Approved: /s/Dorothy Cornelius Dorothy Cornelius City Clerk 0 -7- /s/Sharon Blaine Sharon Blaine Chairperson