PC 03-26-84 CITY OF CUPERTINO, STATE OF CALIFORNIA - PC-436
10300 TORRE AVENUE
® TELEPHONE: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING `
COMMISSION HELD ON MARCH 26, 1984 IN THE
COUNCIL CHAMBER, CITY HALL, CUPERTINO,
CALIFORNIA •
Chairperson Blaine called the meetingto order at 7:30 p.m. in the Council
p
Chamber, City Hall. •
SALUTE TO THE FLAG
ROLL CALL
Commissioners Present: Claudy, Adams, Koenitzer, Szabo, Chairperson
Blaine
Staff Present: Dir. of Planning & Development Sisk
Assistant Planning Director Cowan
Assistant City Engineer Whitten
Deputy City Clerk Villarante
Planner I Piasecki
• City Attorney Kilian
APPROVAL OF MINUTES:
Chairperson Blaine stated that the minutes of February 27, 1984 would be
approved at the next meeting due to changes needed.
POSTPONEMENTS OR NEW AGENDA ITEMS:
None
WRITTEN COMMUNICATIONS:
Assistant City Engineer Whitten stated to the Commission that Terry Brown
had requested the discussion of Monta Vista be delayed 30 days. •
ORAL COMMUNICATIONS:
None
CONSENT CALENDAR:
ti
It was moved by Com. Claudy and seconded by Com. Koenitzer to approve
Application 6-TM-82 of Cupertino Commercial Development request for,
Extension of Tentative Map.
ITEMS REMOVED FROM CONSENT CALENDAR:
None •
UNFINISHED BUSINESS: •
2. Criteria for Review of Drive-through. Windows (Continued from Planning
Commission Meeting of March 12, 1984) .
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MINUTES OF THE MARCH 26, 1984 PLANNING COMMISSION
Planner I Piasecki presented a brief staff report/update to the
Commission. -
Linda Callan, 99 Almaden Blvd., stated iher- concerns to the Commission
regarding Items 1B, 3A, 4B, 4C, .5C, 5E, 5F of the.drive through criteria.
Commission 'discussion ensued regarding items 1B and 1C of the drive
through criteria.
City Attorney Kilian reminded the Commission that the items brought before
them were to be interpreted as guidelines only.
Com. Szabo commented that he would like!' to see more than 1,000 ft. between
like services with drive-through windows!'.
Commission discussion ensued regarding items 2 through 9.
It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously
•
to close the public hearing.
It was moved by Com. Adams, secondedlby Com. Koenitzer and passed with a
unanimous vote to accept staff guidelines for criteria regarding
drive-through windows with changes as suggested by Commission and to
forward the recommendation to the I City Council with findings and
subconclusions as per Com. Szabo's recommendation that 1. Drive-through
window service contributes to traffic congestion. 2. Drive-through
window service contributes to air pollution. 3. Drive-through window
service is wasteful of energy. 4. Drive-through window service is of
great value to the physically handicapped community. 5: The City of
Cupertino already has a very adequate number of drive-through window
services of some type, yet lacks the service of other types.
3. Application 41-U-83 of TARKA, INC. (MCDONALD'S) : USE PERMIT to
construct and operate a drive-through facility at an existing
fast-food restaurant and ENVIRONMENTAL REVIEW: The Environmental
Review Committee recommends the granting of a Negative Declaration.
The subject property is located on the southeast corner of Homestead
Road and Stelling Road in a P (Planned Development with
recreational/entertainment intent) zoning district. First Hearing
continued. Tentative City Councilihearing date - April 2, 1984.
1
Director of Planning and Development Sisk presented a staff report to the
Commission stating that the proposed project was not consistent with the.
guidelines.
Linda Callan, Tarka Inc., presented the Commission with a petition signed
by individuals who were for the project and stated that the volume of
transactions would be higher with a dive-through window at the site.. She
went on to present a rendering of thelproject and give an explanation of
• the landscaping advantages of the site plan.
It was moved by Com. Claudy seconded by Com. Koenitzer and passed
unanimously to close the public hearing.
Commission discussion ensued regarding the application.
•
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MINUTES OF THE MARCH 26, 1984 PLANNING COMMISSION
It was moved by Com. Claudy, seconded` by Com. Adams that Application
41-11-84 TARKA INC. be recommended for denial with a unanimous vote as it
was not consistent with the guidelines adopted for drive-through windows
and as the proposed window cuts across a pedestrian right-of-way and does
not meet condition b of the guidelines and does not meet items 1-b, 4-b,
or 5-c of the General Plan.
City Attorney Kilian stated that any changes to the drive-through
guidelines by the City Council could affect the application.
4. Application 1-Z-84 of CITY OF CUPERTINO (MONTA VISTA AREA): PREZONE
AND REZONE approximately 97 acres within the Old. Monta Vista area to
R1 (Residential Single-family) , A-ua (Agricultural/Recreational), P
(PD) (Planned Development Residential and Planned Development Light
Industrial) zoning districts or whatever zones may be deemed
appropriate by the Planning Commission which are consistent with the
General Plan. ENVIRONMENTAL REVIEW: The Environmental Review
Committee recommends the granting of a Negative Declaration. The
project boundary is generally bounded by Granada Avenue to the north,
Imperial Avenue to the east, McClellan Road to the south and by the
westerly boundary of the Blackberry Farm Golf Course to the west.
• First Hearing. Tentative City Council hearing date - April 16, 1984.
Assistant Planning Director Cowan presented a staff report to the
Commission and stated that nine of the property owners in the area had
requested continuance of the item.
Jim Forsythe, 21863 McClellan Rd., explained to the Commission that he
would like postponement of the item due to a lack of information.
Discussion ensued between staff and Commission regarding the purpose of
the meeting as being prezoning as per General Plan requirements and not
being annexation.
Allan Callahan, 21829 Lomita, questioned Commission as to R1 setbacks and
commented on pressures received by developers to annex to the City.
Connie Perry, 21750 Olive, questioned Commission as to whether prezoning
and rezoning would effect property values and questioned the process for
adding second units.
Assistant Planning Director Cowan explained the second unit process.
James Hugger, 10163 Byrne, questioned Commission regarding slope density
considerations and commented on a previously submitted application which
had been denied by the City and approved by the County stating that he was
concerned with the lack of consistency between the two agencies.
Robert Maddig, questioned Commission as to whether the prezoning would
effect the sale of property.
City Attorney Kilian stated to Commission that prezoning does not have any
• effect on existing buildings.
Jim Forsythe, requested that the Commission continue the discussion and
requested an explanation of the use permit process.
Assistant Planning Director Cowan gave a brief explanation of the use
permit process.
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MINUTES OF THE MARCH 26, 1984 PLANNING COMMISSION
James Hugger, stated to Commission that he would like to postpone the •
prezoning until residents are informed and questioned whether a road would
be put in if Blackberry Farm were ever developed.
Assistant Planning Director Cowan stated that the General Plan designated
Blackberry Farm as a recreational area and therefore could not be
developed.
o ed.
James Burke, questioned Commission as Ito whether traffic considerations
had been thought of when they decided toi prezone.
Director of Planning and Development Sisk stated that at the April 2, 1984
meeting the City Council would be discussing traffic issues in the Monta
Vista area.
Gail Hugger, 10160 Byrne; commented to Commission on the slope density
issue for the west side of Byrne Avenue.
Regis Buhlin, 21914 Granada, stated to the Commission that he was
skeptical and did not like what was going during the discussion of the
prezoning and questioned the conditions' for use permit and fees.
It was moved by Com. Koenitzer, seconded by Com. Claudy and passed
unanimously to continue Application 1-Z184 of the City of Cupertino to the
meeting of April 23, 1984.
5. Application 1-GPA-84 of CITY OF CUPERTINO: PUBLIC HEARING to consider •
General Plan Amendments including,1 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.
b. A policy which would alloy slight increases in floor area
intensity for older shopping centers already exceeding a .25
F.A.R.
Assistant Planning Director Cowan presented a staff report to the
Commission.
Ann Anger, gave a brief history of the Monta Vista area to the Commission
and stated that she was against 25 foot lot developments.
Ron Villas, questioned Commission regarding development of contiguous lots
that have been sold.
Allan Callahan questioned Commission as to whether the new ordinance would
be specific or city-wide.
City Attorney Kilian stated that if you had two substandard lots with
buildings they could be sold.
Commission discussion ensued regarding possible Monta Vista lot mergers
versus the mergers done in the Inspiration Heights area.
Commission adjourned to Closed Session at 11 :10. p.m.
Commission meeting reconvened at 11:20 p.m.
MINUTES OF THE MARCH 26, 1984 PLANNING COMMISSION
City Attorney Kilian stated for the record that he had advised the
Commission on possible matters of litigation concerning lot mergers and
that no action was necessary.
It was moved by Com. Adams, seconded by Com. Claudy and passed unanimously
to continue discussion of Application 1-GPA-84 of CITY OF CUPERTINO and
item 6 City of Cupertino public hearing to consider amending the
off-street parking ordinance to the meeting of April 23, 1984.
NEW BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
Com. Adams commented on drinking in the parking lot at Bateh Bros.
liquors.
Com. Koenitzer commented on the fence that was down on Stevens Creek Blvd.
Chairperson Blaine reported a meeting with County and City Planning
Commissioners at Lynnbrook High School.
REPORT OF THE PLANNING DIRECTOR:
None.
• Meeting was adjourned at 11 :30 p.m.
•
Attest: Approved:
/s/Dorothy Cornelius /s/Sharon Blaine
Dorothy Cornelius Sharon Blaine
City Clerk Chairperson
•
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