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PC 04-11-84 fv CITY OF CUPERTINO, STATE OF CALIFORNIA PC-437AD 10300 TORRE AVENUE TELEPHONE: (408)252-4505 400 MINUTES OF THE REGULAR ADJOURNED MEETING OF THE PLANNING COMMISSION HELD ON APRIL 11 , 1984 IN' THE COUNCIL CHAMBERS CUPERTINO, CALIFORN.IA Chairperson Blaine 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, Koenitzer, Szabo, Chairperson Blaine Staff Present: Dir. of Planning & Development Sisk Assistant Planning Director Cowan Deputy City Clerk Villarante Assistant City Engineer Whitten PUBLIC HEARING: 3. Applications 2-Z-84 and 3-U-84 of LAWRENCE GUY: REZONING approximately .68 gross acre from CG (General Commercial) to P (Planned Development) or whatever zone may be deemed appropriate by the Planning Commission; USE PERMIT to expand approximately 5,000 sq. ® ft. office building by adding approximately 7,000 sq. ft. for a total building area of approximately 12,000 sq. ft. and ENVIRONMENTAL REVIEW: The Negative Declaration. The subject property is located on the south side of Silverado Avenue approximately 140 ft. east of De Anza Boulevard. First Hearing. Tentative City Council hearing date - May 7, 1984. Assistant Planning Director Cowan presented a staff report to the Commission. Lawrence Guy, 20440 Town Center Lane, presented an explanation of the changes made to the Commission. John Mann, 20425 Silverado, questioned the Commission regarding the possibility of a street going through the area, cul-de-sacing of Silverado Avenue and effects on his property. Frank Tsui, 20415 Silverado Avenue, stated to the Commission that he felt the developer was not giving the residents of the surrounding neighborhood due consideration. He went on to state his concerns with intrusion on privacy, increased traffic and depreciation of property values. Ross Ketchum, 20412 Silverado Avenue, listed his concerns to the Commission regarding the screening wall to be used and landscaping of the site. He went on to comment on problems existing on the adjacent shopping center property. 410 -1- II T • MINUTES OF THE APRIL 11, 1984 PLANNING COMMISSION • Henry Pape, 7495 Heatherwood Dr., stated to the Commission that he would like staff to show him where the reciprocal ingress/egress site was located in the application and commented on lost parking spaces. Ross Ketchum, stated to Commission that he felt the two story design of the building would cause an invasion to his privacy. He went on to comment that he felt the building would cause a drop in property values of the neighborhood. Phil Schwimmer, 20432 Silverado Avenue, addressed his concerns regarding the claims by the residents to the Commission. It was moved by Com. Adams, seconded pby Com. Koenitzer and passed unanimously to close the public hearing. ' Commission discussion ensued with Mr. Guy regarding the application. It was moved by Com. Koenitzer, seconded by Com. Claudy and passed unanimously to recommend the approval of a!Negative Declaration. It was moved by Com. Claudy, seconded by[Com. Koenitzer and passed with a 5-0 vote to recommend approval of Application 2-Z-84 of Lawrence Guy with conditions 1-16, 17 deleted, with the resolution modified to state CG Planned Development with Professional Office Intent and with finding and subconclusions as per staff recommendations. It was moved by Com. Koenitzer, seconded by Com. Szabo and passed with a 5-0 vote to recommend denial of Application 3-U-84 of Lawrence Guy based on the condition that the proposed 11 ,800 sq. ft. building does not meet the general plan FAR requirements which for the combined parcels would be approximately 10,800 sq. ft. 4. Application 4-U-84 of KENTUCKY FRIED CHICKEN (LEX OVERSET) : USE PERMIT to install a drive-up window at an existing 4,750 sq. ft. commercial building and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the northeast corner of De Anza Boulevard and Silverado Avenue in ! a CG (General Commercial) zoning district. First Hearing. Planning 'Cornmission has final approval. Director of Planning and Development Sisk presented a staff report to the Commission stating that the application was not consistent with the guidelines. Phil Schwimmer, 20432 Silverado Avenue, stated to the Commission that he • felt the application met most of the criteria and commented on conditions 2D, 4E, and gave a brief explanation of the architect and design of the site. 1 Assistant City Engineer, Whitten stated Ito the Commission that he was opposed to the right turn onto De Anza Blvd. and that Caltrans would not 410 approve the application. -2- 1 MINUTES OF THE APRIL 11, 1984 PLANNING COMMISSION Frank Tsui, 20415 Silverado Avenue, thanked Mr. Schwimmer for his ® explanation of the application and stated to the Commission that the residents on Silverado Avenue were concerned with increased traffic and and presented them with a petition regarding that. He went on to comment on debris and air pollution emitting from the -site and read a letter from a Mr. Benson regarding safety hazards due to increased traffic. Mr. Ketchum, stated to .the Commission that there had been problems with the sewers due to grease produced at the Kentucky Fried Chicken kitchen. Luise Schmitz-Saleme, 20309 Silverado Avenue, questioned Commission regarding a possible continuance of McClellan Rd. to Silverado Avenue and a pedestrian overcrossing at DeAnza Blvd. She went on to reiterate comments made earlier regarding sewers, odors and traffic caused by the site. • Mr. O'Shea, 20367 Clay Street, presented a brief history of traffic problems in the area of the proposed application. Doris Korn, 20382 Silverado Avenue, stated to the Commission that she was against the application due to the possibility of increased traffic and garbage. Ray Rooker, 20432 Silverado Avenue, stated to the Commission that the concerns expressed by the residents in the area were correct but that he believed the problems to be generated by a bar located at the site which was now closed. ® Richard Sayer, Tarka Mgmt., stated to the Commission that he was willing to work with the neighborhood regarding their concerns. John Mann, 20425 Silverado, stated to the Commission that he had not seen any decrease in the volume of garbage generated from the site since the bar had been closed. It was moved by Com. Adams, seconded by Com. Szabo and passed unanimously to close the public hearing. • Commission discussion ensued regarding the application. It was moved by Com. Adams, seconded by Com. Koenitzer and passed with a 4-1 vote, Com. Claudy dissenting, to approve the granting of a Negative Declaration. It was moved by Com. Claudy, seconded by Com. Adams and passed with a 5-0 vote to deny Application 4-U-84 of Kentucky Fried Chicken as per staff report findings set forth on page 2 having to do with violations of the criteria with the most serious being 4B, that the application will create a serious traffic and hazard problem. . Director of Planning and Development Sisk explained to the applicant that if an appeal is filed that a hearing would be held on the City Council level and everyone within 300 ft. of the property would be notified. -3- MINUTES OF THE APRIL 11, 1984 PLANNING CO ISSION RECESS: 10: 15 p.m.-10:25 p.m. _ III5. Application 2-U-84 of DOUG HEALY (MO TA VISTA ASSOCIATES): USE PERMIT to construct an office and residential' building consisting of 4,000 sq. - ft. of office space and four residential condominium units and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declarat1'� on. The subject property is , . located on the southeast corner of Granada Avenue and Pasadena Avenue . in a .P (Planned Development with! neighborhood commercial, light industrial and residential with 402 dwelling units per gross acre intent) zoning district. First ,Hearing. Tentative City Council hearing date April 16, 1984. Assistant Planning DirectorCowan presented a staff report to the , Commission. Bob Slavik, 21426 Amulet Drive, commented to the Commission that their project was designed as per the Monta Vista'Design Guidelines. Cam. Koenitzer commented that the roof1ine was too high and that he felt it should be lowered. Il Ann Anger, stated to the Commission that , she was pleased with the design • but that she was concerned with the steepness of the roofline. It was moved. by Com. Claudy, seconded, by Com. Koenitzer and passed unanimously to close the public hearing. 1 Commission discussion ensued regarding the application. It was moved by Com. Claudy, seconded by Cot. Adams and passed unanimously to approve the granting of a Negative Declaration. It was moved by Com. Claudy, seconded by Com. Adams and passed with a 5-0 vote to approve Application 2-U-84 .of Doug Healy with conditions 1-19, 20 deleted, 21 and 22, with findings aAd; subconclusions as per staff recommendation. • 7. Interpretation of General Plan (application of floor area ratios to motel development) - Pinn Brothers. Assistant Planning Director Cowan prelsented a staff report to the Commission. ' Discussion ensued between staff and Commission regarding FARs and , residential uses. Steven Evarkion, 824 Lilac Way, Los Gatos, for Pinn Bros. Construction, stated to Commission that they were proposing a project on an accumulation of six parcels that would be mixed use acid include a motel. He went on to state that he felt a motel was a low traffic - generator and gave a brief explanation of their proposed plan. Ann Anger, stated to Commission that sh felt motels should be considered under the commercial FARs. - —4— €, ' , is 1 . MINUTES OF THE APRIL 11, 1984 PLANNING COMMISSION John Vidovich, stated to the Commission that he was considering building a 11) motel and that he felt they were low traffic generators. Mr. Vidovich went on to state that he felt there was a need- in the community for such a use. • Discussion between staff and Commission regarding FARs for motels. Chairperson Blaine stated to staff that Commission would like examples of different low traffic generating uses at different ratios and comparable FARs used by other cities and it was there consensus to continue to the next meeting. REPORT TO THE PLANNING COMMISSION Com. Koentizer commented on the broken fence on Stevens Creek Blvd. and newspaper collection boxes put out by the Heart Association. Com. Claudy commented on the new parking spaces adjacent to the library and regarding garbage at the Bateh Bros. liquor store. Chairperson Blaine reported on the Mayor's Luncheon. REPORT OF THE PLANNING DIRECTOR • Director of Planning & Development Sisk reported on a refrigeration unit on top of the Stevens Creek Office Center which could be seen and stated that he could not find it as a minor change and requested action from the ® Planning Commission. Commission discussion ensued regarding the change. It was the consensus of the Commission to not allow the occupancy permit to be issued until after the change had been amended and that any changes to amend would be reviewed by Architectural and Site Approval Committee. Mr. Woodson, owner, gave an explanation of the change to the Commission and stated that he would recommend against a parapet for screening. Discussion ensued between Mr. Woodson and Commission. Chairperson Blaine explained that Mr. Woodson could appeal the decision to the City Council at their next meeting. Director of Planning and Development Sisk stated to the Commission that he • would explain the situation to the City Council. Meeting was adjourned at 11:00 p.m. Attest: Approved: /s/Dorothy Cornelius /s/Sharon Blaine 111 Dorothy Cornelius Sharon Blaine City Clerk Chairperson -5-