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PC 03-12-84CITY OF CUPERTINO, STA'l'E OF CAl.IFORNIA 1030:> TORRE AVENUE, CUPER'r!NO, CA 95014 TEt.EPHONE: (408)252-4505 MINUTES OF THE REG UL.AR MEE'rINO 01'' THE PLANNING Ce>mISSlON > HELD ON MARCH 12, 1984 IN THE COUNCIL CHAMBERS, CUPERTINO, CALIFORNIA Ch~irperson Blaine called the meeting to order at 7:30 p.m. in the Council Chambers, City Hall. SALUTE TO THE FLAG ROLL CALL: Commissioners t'resent: Adams, Claudy, Koo1".li tzer•, .Szabo, Chairperson Blaine Staff Present: APPROVAL OF MINUTES: Director of Planning and Developemant Sisk Assistant Planning Director Cowan .Assistant City Engineer Whitten · ' Deputy. Cit;y CJ.erk Villarante. City Attorney Kilian It was moved by Com. Adams, sooonded by Com. Claudy and passed unanimously to approve the minutes of Feb~uary 13, 1984 as suhmitted. POSTPONEMENTS OR NEW AGBNDA ITSMSt ti one WRI'f'i'EN COMHUNICA'rIONS: None ORAL COJ:.1MUNICA'fIONS Assi;;,tant Planning Directoi• Cowan stated to the Cormnission that the Rancho Deep Cliff homeowners association was requesting a ninety day oontinuanoe of the public hearing fot• Stevena Canyon Stables. CONSEN'r CALENDAR: None ITEMS REMOVED FHOM THE CONSENT CALENDAR: None UNFINISHED BUSINESS: 1. Cr:l teria for Review of Dri Ve-Through Windows (Continued from Planning Commisslon M(leting of February 13, 193ll). _.,_ 'i MINUTES OF THE MARCH 12, 1984 PLANNNING COMMISSION MEETING {PC-4~5) Assistant Planning Director Cowan stated to the Comhs1on . that the committee met Februar~ 2 to organize the guidelines. com. Koenitzer stated that he felt ther•e should be criteria f'or defining how parking in the centers will be utilized. Assistant Plamdng Director Col-'an stated to the Commission that the intent was to discourage free standing drive-up uses and that they should have an integrated design. Linda Callan, 99 Almada~ Blvd., stated to the Commission that she had met with the Architectural and Site Appt'Oval Committee co disousa the guidelines. She went on to comment on items 11B perimeter and setback and item #2 regarding aesthetic impact. Judy Benoit, 10330 N. Foothill Blvd. #A29, stated to the Commi~siQn that the Planning Commission seemed to have a I'6sistance to drive throughs and that she felt that alot of people who like to use the drive through are not just the handicapped. Darlene Thorne, Chamber of com01eroe, stated to the Commiss~on that they should have received a letter from the Chamber and commented on the Chambers wish that the guidelines not be uaed to prohibit businesses or that type. Sally Gray, Crippled Childrens Society, reiterated to the Commission the needs for the disabled an being very important and stated that she personally felt drive-thrus were a good thing. Com. Claudy reiterated the need for reciprocal parking considerationa and went on to state that he felt that property with less than adequate · parking should not be allowed defioit parking due to a new drive-thru building. Commission discussion ensuod regarding criteria for parking deficiencies in shopping centers. Com. Szabo stated he. was concerned with providing services for the handicapped only and felt that thet>e shou!.d be a limit on th~ proximity of certain types or businesses with drive-thrus. City Attorney Kilian stated to the Commi3aion that they could regulate drive-thrus as per health and safety factors to the city. He went·on to stated that there would be a problem regulating drive-thrus on the basis of business climate. Discussion ensued between staff and Commission regard1ng parameters for limitations on businesses with drive-through windows. Com. Claudy suggested that staff should refex• to other cities for limitations on drive-thru businesses. It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to continue discussion of tne guidelines for drive-thru business to the meeting (;t' Maroh 26. MINUTES OF THE MARCH 12, 1984 PLANNNING COti-iISSION MEETING (PC-435) Linda Callan~ stated to Commission that she felt there was nothing· in tho.· criteria that should prevent them fl'Ol'4 mal<ing a deoieton' on the application she was presenting. Chairperson Blaine stated to Ma. Callan that the Planning Commission would hear information on the a:.plioation but that it was their oons~nsus to postpone making a deo1sion on the application until. after the guidelinea had been deo1aed upon. 2. AppU.oation 41-U-83 of 'l'JtRKA, INC. (MCDONALD 1S): USE PERMIT to oonstNot and opnra te a clr•i vs-through facility at an existing fast-food restaurant and ENVIRONMEtl'l'AL REVIEWz The · Environmental Review Committee" recommends .. thag:ranUng of a' Negative Declaration. The aubjoot property is located cm the southeast oorner or Homest~d Road and Stelling Road in a P (Planned Development with reoreational/entertainment int~nt) zoning diatl'iot. li'irst Hearing continued. Tentative City Council hearing date -March 19-1984. · Assistant Planning Direotor Cowan presented a staff report to the Commission requesting that the Commission provide the applicant with some direction although no decision would be reached. I.inda Callan, stated to the Co1J1111ission that stacking of cars would not be a problem with the application. Discussion ensued between CommiasJ.01;1 and staff regarding staoking of caK"a at the proposed site. It was moved by Corn. Claudy, seconded by Com. Szabo and passed unaniniously to oontinue application 41-U-83 of Tarka, Ino. to the meeting of March 26. 3. Application 1-U-84 of SOBRATO DEVF..LOPMENT COMPANY: USE PERMIT to construct a three-stO?'Y building consisting of appr.oximately 26,700 sq. ft. and ENVIRONME~TAL REVIEW: The Environmental Review Committee recommends the grenting of a Negative Declaration. The subj~ot property is located on the northeast corner or Mariani Avenue and North De Anza Boulevard in a P (Planned Development with General Commercial, Office and Light Industrial intent) zoning district •. Firat Hearing. ·rentative City Council hearing date -March 19, 1984. Director of Planning and Development Sisk presented a staff r~port tc the Commission. John Sobrato, presented a model of the proposed building to the Commission and gave a brief explanation of the architecture. He went on to explain the reciprocal parking agreement he would have with the Peppermill Restaurant. He went on to state that he would like condition 19 eliminated as there would be suffioient parking at the site and that he would like condition 19 removed as 1 t had been pre11iously removed by tbe City Council in 1978. Com. Koenitzer stated that he would like a condition added regarding the dog houses on the top of· the building;. · Diaoussio~ ensued between Mr· Sobrato, Commission and otaff rogardins tb.3 type of vehicle to b~ u.sed to assure suitable parking at the .site. MINUTES OF THE MARCH 12., 1984 PLANNN!NG COMMISSWN MEETING {PC,,.435) '' John Sobrato, questioned Col!mliasion regarding the iaiposed. ' "' . ..,'·: ' .;:· ,. oonstruotion tax to be' City Attorney Kilian explained to Ml'• Sobrato the parameters ot the oonatruotion taY. and st:.ated since the tax was in eft<.1ot it 41hould be deleted as a oonditi~n. Mr • .!:Jobrato stated to Commissio11 that. he would like more apeaifio wording regardi~g the fees. City Attvrney Kilb.n stated that the wording regarding the teaa should be latt in until he had discussed the issue with the City Council and City ~laMgex•. It was mo-.red l:>y Com. Claudy, seoondt:id by Colll~ Adams and passed unanimously to 0101.~e the Publio Hearing. Commission discussion ensued ragarding the application. It was ruovc.id by Com. Claudy, seconded by Com. Adams and passed unanilnously. to approve the grauting of' a Negative Declaration. It was moved by Com. Claudy, seoi.mded by Com. Adams and passed with a 11 ... 1 vote with cc.zn. Koentizer dissenting to recommend approval of Application l-U-84 of Sobrato Development with standard conditions 1 .. 14, conditions 15 .. 18, 19 deleted, 20, 21, 22 modified to statP,.t "street level" parking, 23 mod:lfied to state that there would be no more than 70 emplo:reeB, 24, 25, 26, 27 added stating that the rooftop ~ahanioal. ~qu!pm.ant houaing shall be below the parapet level of the building and shall be made with the same materials as the rest1, of ·the building. RECES3: 10:07 p.m.-10:20 p.m. It was moved by Com. Koenitzer, seconded by Com. Claudy and pa~sed unanimously tc coIJtinue agenda items 6, 7, 8 to W.adnesday Maroh 14 at 7:30 p.m. A•. A~plication 1-'!M-84 of GORDON DECARLI: TENTATIVE MAP tr> subdivide an app.roved 8,500 aq. rt. oolllmercial/office building into office oondominimum uni ta and ENVIRODMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the southeast corner of Stevena Creek Boulevard and Pasadena Avenue in a P (Planned Development with neighborhood, commercial, light industrial and residential intent) zoning district. fo'il"at Hearing. Tentative City Council hearing date -Maroh 19, 19811. Dinotor• of' Planning and Development Sisk presented Co!lllniE1siou stating that a oondi tlon shoulct ingress/egress at the site. a ataff repo~t to the be added regarding 'l'here being no further di.:1cussion it was moved by Com. Claudy, seconded by Com. Ad.ams and µassad unanimously to close the Public Hearing. -4- '••_., ... :.-. .-.. . t·/:·:'.;:;;',<'.;):•:··: ,· MINUTES OF THE MARCH 12, 1984 PLANNNlHG COMMISSION MEETING (pc_;43!)) ' .• •<' ' . .'_;_ -'. - It was moved by com. Clav.dy, seconded by coo. Knenitzer .. Nies; paased unanilQously to reooUtend approval of application 1-TM-84 ofOordon.DtJcarl1 with conditions 1-16, 17 modif:l.ed, 18 added regarding 1.ngreH/!grees.' ·· . \ 5. Application 16-U-76 (Revised) of TERRANOHICS DEVELOPMENT CORPORATIONi MODIFICATION OF A PREVIOUSLY APPROVED USE PERMIT ror Or~~ard Valley Market Place Shopping Center. The applicant se0ks to modify conditions of approval to permit gi~eater flexibility in the allowed typeo and square footages or uses (ooll!l'Aeroial tenants) within the Conter. Additionally, the applicant requests approval to add approximately 5,000 aq. ft. of General Commercial spaoe to the Center. Presently, the Orchard Va.Hey Market Plaoe equals approximately 85,000 sq. ft. of gross floor area. ENVIRONMENTAL REVIEW: The Environmental Review Committee recolllllenda the granting of a Nega~ive Deolaration. The Orchard Valley Market Place consists or approximately 9.9 ac1•es, located on the southeast oor-ne1• of Stevens Creek Bl:>ulevar<l and Portal Avenue in a P (Planned Development) zoning district. First Hearing. Tentative City Council hearing date -Maron 19, 198J4. Assistant Planning Director Cnmmission commenting on Associates. Cowan presented a staff' report to the the side trip oonoept of Bar•ton-Asohman Discussion ensued be~ween Commission arid staff regarding the effects of aidetripa on the General Plan. Com. Koenitzer stated that he felt thex•e should be a General Plan h6aring to consider the effects of the inclusion of sidetrips. Merrit Sher, Terranomics, 50 California St., San Fl'anoisoo, stated to the Commission that they are tr•ying to find a way )~o lease erupty buildings on thEl site and that even with the addit.ional square footase added they would only be at 21% FAR. He went on to say that he hoped the Planning Commlssion would find the application a reasonable approach to the problem and that he felt thore would be no extra burden on the traffic syst:.ere. · Arthnr F'rederico, 19711 Bixby Dr., stated to the Commission that he was ccncerned with accese to the rear of the complex. Ron Beerman, 197 81 Bixby Dr. , reiterated Mr. Predel"ioo I$ concern with access t\) the rear .. of the complex and stated his concerns ·.dth safety of the adjacent reside~ts and of commercial usage at the site. Discussion ensued between Cororoission and Mr. Sher regardin_g siJetrips and enlargement of the site. Mr. Frederico expressed his concern with the number• 01' rea~auarants at the site to the Commission. It was moved by Com. Claudyi seconded by Com. Koenitzer and passed unanimously to close the Public H~aring. -5- MINUTES OF THE MARCH 12, 1984 PLANNNING COMMISSION MEETING . . Colllllliss1on disouas1on ensned regarding possible Ohanga.s . to .the ~rJ.p manUa~~: .. and methodology conoerning sidetrips. · .... · .. . It was moved by Com. Koenitzer, seconded by Com. Claudy and passed unan!m.:>usly to agendize a special publio hearing to consider sidetrip policy and possible onanges to the trip .manual. It was moved by Com. Claudy, seconded by Com. Koenitzer and passed with a 5-0 vote to recommend approval of application 16-U-76 Terranomios, with conditions 1-15, 16 modified to allow 158.5 trips to be distributed any way desired using standard trip factors, 17-22, oondit:l..on 23 13 modified to state that additional separate bars sha:U be prohibited except· in conjunction with a meal, 24 and 25. Chairperson Blaine requested that there be maintenance for• rear. aooess area and that the aide gate entrance shall be looked. Chairperson Blaine adjo1.irned the meeting at 12: 15 p .m. to Wednesday March 14, 1984 at 7:~0 p.m • . l -6-