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PC 10-24-84CITY OF CUPER'l1INO, STATE OF CALIFORNIA 10300 Torre Avenue,Cupertino,Ca.95014. Telephone: (~08) 252-4505 N:CNUTES OF ·rm;; ADJOURHED MEETING OP 'l'HE :PI .• ANNINO COMMISSION fJ H!LD ON OCTOBER 24, 2984 SALU'.l.'E TO 'rHE FLAG HOLL CALL Commissioners Present: Com. Maclcenzie Gom. Adams Com. Sorensen Com. Szabo Chr. Claudy Sta.'.'i' Present: ' Assistant Planning Director Cowan Public Works Director Viskovitch Planner I f1aeeck1 PUBLIC HEARINGS:(sHOHT GAP IN TAPE-RECORDING SECTY.NOT PRESIB ) Jack Wedgwood, 20137 Las Ondas Way, suggested that a diagonal barrier idea using a portion of Rodrigues Aven~e between De Anza Boulevard and 'ror:re AvcnU•;) as a means to move tna!'fic out to De Anza Boulevard be inplemented, 'iHt\:.e:a.pl.s.i:lff§~-11'.llf~I#• 1t;t deU:tlr;' and'.!Atlacr ·suggested closing dri.veways · i.nto the p1:-esent I Town Center Lane bu. 1ld1ngs, to prevent trarfic cutt1ne througl. He noted that the plan prevented traffic drivine throughtthe City Hall p~rkine lot, and sueeested the plan ~ould have a minimal impact on the Ci~) Hall and Library, and would cut down the traffic flow in the area, especially between 3:00 and 6:0 p.m., when many children were present. He concluded that he hoped his su~gestion would be treated as a viable alternative to Stafi'' s recortL":'lendation of sie;nini:;, that restricted tu:rms durins certain hours, and wanted it presented to City Council Cor:1. Adans asked r1:r. Wede;wood for his cor.1ments on the potenti l closures. :1:r. 'dedc;wood' s feeling was that access to tl:.e City Hall and Library would be very restricted, and also wondered about .the Silverado trafric. However, he felt he was the wrone person to answer, since he was not directly affected. Co~. Adams, for dis~ussion, quoted the exacple of the ~ariani1 Lazan9o~closurcs further north~ which had been su6dessful. he said. ·rherc was a Cornrnisslon discussion on various configurations of closures and other ~it1gat1nG ~ensures ant their drawbacks Co~. Claudy thous~t ~r. hedgwood's idea of a dla~onal barrier was a ~ood one, but pointed out that it was a way of attack-ing the existins proble~, rather than the continiune problem of increas0d traff!c. PC-452A Pa.ge 1 PC-452A le 2 PLANNING COMMISSION MINUTES, OCTOBER 24, 1984 Milt DeBuhn~ 10649 Farallone Dr!ve, endorsed Mr. Wedgwood's aueeesti~n. He ·wanted caution in closing off streets, since the Mariani/Lazaneo closures had only shirted tratfic down to their neighborhood .. and f'urther cloaurea might in turn shift the problem to someonA else, he felt. Com. Claudy asked Mr. DeBuhn how he felt about the three solutiuns beinr trie~ ~~quent1ally, 1.e., Statt'a solution, Mr. Wede;wood' s solution and the cl.osure soluticm, in that I order 1 depending on need. Mr. DeBuhn thought that this was a good idea, providing it was predetermined when the next solution wulCI be triggered., if necessary. He asked if the intent 0t Staff's solution (sie;ning) was the same as the intent of Mr. Wedgwood's solution (diagonal barrier). Com. Claudy con.firmed that tl~ intent was basicall:y the same. Public \forks Dirf!ctor Viflk:ovitcb commented that the only difference he could see was that Mr. WedGwood's suggestion would requi~ some dedication and possibly some damage to ex1~t1ng buildings, creating addlt~onal expense. He pointed out that there would be improvements on De Anza Boulevard, and that it was designed to handle traffic fron all develop-1:ient s in the City. Com. Claudy pointed out a difference, in thnt Mr. Wedgwood's proposal included barriers through hbe Town Center Lane parkinc; lots. Public Works Director Viskovitch thou~nt t~at the parking lot issue could be stUdi~d as parttof the Civic·Center Study taking place presently. Gorn. Adam.s brought up the 1ssue of work shift control for· laree businesses in the complex, which he thoucht could be 11::portant. Com. Claudy tho~ght that companies would develop this them-selves, dependlnG upon traffic conditions. It was succested that Mr. ~edgwood 1 s plan could also be accomplished by signinc, before trying physical barricades. Mr. ~edgwood felt his pro~osal kept the library as part or the neighborhood and nit1gatod traffic there. He imparted some ideas for the Torre/Rodrigues intersection. Com. Claudy interjected that some chang~s Mr. Wedgwood suggesteA were on the Lincoln property which waR finished~ so they could not be rmde. PLANNING COMlYl!SSION MINUTES, OCTOBEH 24, 1984 Ted Hoege1, 20173 Somerset Drive, supported Mr. Wedgwood's ideas and suggested "road dips" as used in the Willow Glen and Rose Garden areas of San Jose, to discourage speeders. Eleanor Werner, 20076 La Roda Court, thought that if a double culdP-sac was not to be put on Silvera.do, a "no lt:,.ft. turn betwean·~:OO p.m. and 6:00 p.m." sign on Hod:t"igues, racif1ca and Silverado might help. She thought a light on the corner of Pacifica would also be n good idea, since the corner was horrendous. Public Works Director Viskovi tch commented that Ma. Werner '·a suggestion meant that residents could not enter the neigh-borhood during that time. Ms. Wt:rner said she would prefer to have the inconvenience than the traffic, and also suer,ested more stop signs on John Drive. Com. Sz~bo asked Public Works Director Viskovitch whether he thought people would obey the signs when thA traffic was backed up. Public Works D1rActor Viskovithh stated that enforcement .woul be necessary at rirst» and that Mr. Kroll had agreed to pay fot it; however, if the attitude did not change, something else would have to be tried. Mr. Hoegel suggested some modifications to the De Anza/Bolli~ eer intersection, I The Public ~orks Director explained how changes made in that area might encourage traffic back into the neighborhoods, ins tead of encouraging them to use D~ Anza Boulevard all the ·way Com. Claudy suggested scheduling a meeting at Eaton School with neighborhood repre~entatives~to discuss the traffic; the Public Works Director agreed and five names of interested parties were taken to participate in such a meeting. Tony Scott, 20230 John Drive, applauded the idea of conductin~ a study at -::;1me tntervalu and the idea of a trafi'ic cor.w:iittee and ~ave sone ideas about the Dollinge~ to Steven~ Creek problem. Al Shapell, 10139 s. Blaney, President of Lake Biltcore Arartrnent Association, volunteered to be involved in the traffi<: corr.rr:ittee . . ! Co~. Adams asked Hr. ~hapell how "esi~ents of Lake Biltmore might receive a blockage of Rodrigues. Mr. ~hapell advi~ed that the subject had been discussed at their last annual tenants' ~eetinc, and had not been favored, PC-452A Page 3 ( .,. PC-452A Page 4 e PLANNING C0~MISSION MINUTES, OCTOBER 24. 1984 since it would impede their ingress and egress and also that of the Fire Department, since there was no other access than Rodrigues that was practical for Lake Biltmore. Asked for his ideas about the condominium conversion by Com. Szabo, Mr. Shapell did not see that they could or should be converted, as they were sorely needed as rennale, and further commented that other types of housing stack in the City should also be increased, since all types or accommo-dation we~e urgently needed to make Cupertino an affordable place to live. Com. Claudy explained, ror the record, that the applicant was proposing to build condominium units and they would not require conversion.as such. Jim Jackson, 10401 Somerset Court~ reiterated the problem of vehicles driving through the Town C~nter Lane parking lots and alleys and favored closing them off. Mr. Kroll explained the intracacies of financing rental housing at the present time, that lenders would not entertain. apartments, only condominiums. H¢ stated that .after a period of approximately te.. years, depending upon the bond program used, the rental aspect would be ~eviewed. He asked to make chang~s in some of the Conditions; firstly, they wanted a bett~r~parking ratio, 1.e., 1 space per 333 sq. ft. as recommended by their consultants; secondly, he corrected the humber of res1~dntial units to 105, and said that since the Mix had not yet been determined, they wanted flexibility to work with Starr on that. Com. Claudy, quoting page 8, third. paraeraph, of the Application, asked if it was Mr. Kroll's intent to rent io% of the dwellings to mode:cate :1.ncorrn families. ~r. Kroll replied that this depended on the Morteege Revenue Bond program, and they needed an inducement resolution from t~e City Council to apply for that, but if they ~sed it, the 20% f~eure was a condition; otherwise~ they wanted to provide 10% or whatever was required by the BMR* Subconunittee, he caid. He mentioned a third chanse; the possibility of deleting the lowest level of the parking 5arage, and wanted the Resolution to state that this was not a planning consideration, es long as parking ratios required were met. He referred to Condition 20.a., and thought it should read ''2/3 standard and 1/3 compact 11 • The Commission and Staff discussed the last point, and felt that all standard spaces should be required .. Mr. Kroll convinced the Co~miss!on that one desienated parking space per dwelling was practical, because of the shared conmercial spaces. "'BMR -Below Marlcet Hate llousine; . l PLANNING COMMISSION MINUTES, OCTOBER 24, 1984 ~om. Adams wanted to know what would happen to the tempo~.a.ry parking lot eventually. It was Staff's understanding that it would be kept as open space., and it was dec1.ded to stipulate that the Use Permit for tho temporary parking let should be ror fiv~ years 1 at which time the matter would be reviewed. Steve Haines., F:i.scher Fr:ledman Associates.t doscr•ibed how the condominiwn and p:uest parking would functj.on, with special regard to the spaces 1n the earage. The Commission discussed the practicality of the residenti~l spaces in the garage. Com. Adams wanted an addition to Condi~icn 22; that it should be worded to reflect the options of traffic mitig-ation, with timing to be determined by Staff. The Comm1se10n and Staff discuosed the timing issue and Public Works Director Viskov1tch was asked ta present a triggering mechanism to the City Council. Mr. Kroll suggested some wordin~ be added tb the effect that the City would cooperate in any condemnations necessary to implement such strategy. Corn. Sorensen suggested that the inter&ection of Rodrigues/ De Anza needed to be added to Condition 21. The ~nforcement period was discussed, an~ six months was susgested, but public input sueeested a longer period. MOTION: Com. Szabo, to close the Public Hea~inc SECOND: Com. Adams VOTE: Passed 5-0 JV:OTION: Com. Adams., to accept tJ:e reco:rm1endations at the Envi:r•onmental Heview Committee SECOND: Com. Mackenzie VO'rE: Passed 5-0 The relationship of the r1roposed parking ratio to the deletion of the lower level of the garage was discussed. When requested 1 Assistant Plannins Director Cowan outlined the City's parkin~ rolicies, but SUBSested that 1 srace per 333 sq. ft. was not unconunon in the area, Com. Claudy felt the proposPd ratio could be allowed 1 since there would be at least one more parkin~ 3ara3e in the project and the ratio could be increased there if necessary. :1r. I-roll co:;:mented that in lnrr;:er, r1ixed use pr0jects such as th1c, ~ore libPral parking ratios ~orked. PC-452A P~ge 5 PC-452A Page 6 -PLANNING OOM.MISST.ON MINU'l1ES,, OCTOBER 2'i j 1984 Assistant Planning Director Cowan assessed the risks of spill-over and access-blocking and felt that beoause of the temporar7 lot, those types of problems would not happen. MOTION: :JECOND: VOTS: Com. Adams, to reopen the Public Hearing Com. Mackenzj.e Passed 5-0 Jer.r Damon, Barton Aschman, gave details of a project they had worked on in March, 1984 that wa~ more liberal in parking ratioB and that had been sucaessful. In discussion, the Commission understood that it ownership changed by the time the second garage structure was built, extra spaces for the complex could still be requi~ed in it. 'l'he Commfcsion prefe:in.•ed the temporary lot be left as open space, but thought that with 1 space per 333 sq. ft. it might have to be permanent parking. Com. Mackenzie suggested that underground parking could be provided there later, leaving the top as open space. Mr, Kroll cited the cost of such parking, which meant that any more parking would have to be at the surface. However~ they would still try to put the lower level of the pe,rking n;arage in, he said, so that they would then have excess parking, but they did not want to be forced to do so~ since the contr0111ng factor was the price. · After some discussion, the Cor:'.mission' s compromise was 1 space per 310 sq. ft., and they decided that deletion of the lower floor should be configured as a minor deviation fr0m the approved plan.' :~r. Kroll requested that they not be required to have:a certain nur.iber of car•s in the garar;e,, just a number of spaces that had to be shared between the 3arage and surface parkine, with as many ~oing in the garage as possible. After some discussion, the Con$ission decided that the ~pp11cant should provide a mini~um of 1,082 spaces, a naxi- r::u:ri of 2 20 or which sho1Ud be in the surf.' ace µa:::· kine; lot; the bottom floor of the parkinG carage could be deleted, but the applicant could provide more rarking if wished. ~OT!O~: Com. Adams, to close the Public Hearint SSCOND: Co~. Szabo VOTE: Pas scd .5-0 ;.:0'11 ION': Co:::i. Adar::s, to approve Applicat;Jon 18-U-84, subject to Conditions 1-18; Condition 19 to reflect that the trian~ular shaped parking lot ~hould be a tenrorary rarkin~ lot for five years, after wpich time this Condition shall be reeub- I ~ f I I r ! ~: PLANNING COMMISSION MINUTES, OCTOBER 24, 1~8~ m1tted for review of open space use; Condition 20 shall reflect 105 residential units in p•ra-grapn a., paragraph b. shall reflect that a minimum of 1,082 spaces shall be provided, para-graph e. shall be added, that tl'elower level of the parkinc; structure may be deleted if all the parking can be accommodated; C<.mdition 21.., adding De Anza and Rodrieues to the street intersections; Condition 22, reflecting the cost of enforcement intermittently during a period of one year, and the options for review regarding traffic conditions that may d1cta~e additional changes to the poten-tial street closures and other options, 1.e., "signine,11 as submittt'ld by Staff and 11 diagonal barrier" as subr:iitted by Mr. Wedgwood; Conditions 23; 24; 25; 26; 27; 28; Condit10n 29 to reflect fire prevention and ssppression equipment; Condition 30, BMR* housin~ involvement; Condition 31, security programs; subject to the findin~s of the Staff Report and the subconclusions of the Hearing. SECOND: Com. Szabo VOTE: Passed 5-0 4; Application 19-U-84 of C & H DEVELOPMENT COMPANY (7-11 MARKET): ~SE PERMIT to construct a 24-hour convenience market with sale of alcoholic bevera3eB and ENVIRON-f.1E?:'11AL REVIEir:: The Environmental Review Committee recommends the granting of c. Necative DeclarationJ Th.e subject property is located on the southeast corner of Bubb Road and• flicClellan Ro.ad in a CG (G~neral Commercial) zoning district. First gearine. Planning Cornm1ss1cn has f~nal approval. Associate Planner I Piasecki ~eviewed the Staff Report, which recorr:;nended that the operatins hour::; be cut to 7:00 a.r:i. to 11:00 p.m., that the e~phasis of traffic be shifted away from 3ubb Road, and that video saffies be eliminated. The Cor:-.r.1iss:1.on established. with Staff that the present 7-11 site did not require a Use Permit. ~o~. Claudy noted that there was no indication of what was to tappen at the cur~ent site if it was vacated; for instance a l1qu.Qr l.ic:.e.ns~.;-'?c;i-~lc;t·o~t~:l~.!.Q;~.o!.FPR~~'t4ir:A:Qr. · Jin Juc~son, ~epresentins C controversial et first, the because of co~~unity need. 9, :I Development, saicl that thouc;h 7-11 hnd becone an accerted use ~hen thP Stell St2tion had .re.one, tte Cit:' h;:d tal'cn t!":•' op;:ortur.ity to rezone the ;.;1te for ::10re cont;:•ol, imt t:c:"o!'(' tl-:" re7or;:~nr. h~d taken p1n.ce, thP aprlicant haC re~Ps1~no~ the s!te at Staff request and · ~!i\"MR' ~ Be lcJw ~·.a.rk~ t ,,...}.,~ t c · l~c~~~:13 j_·~~:"" ~ "t"!('.--::m:m · b~:f(:;-':~~:~' tb.£! · C":t!::y•,, ~6-ll52A Page 'l 9· PLANNING COMM.!SSION MINUTES, OCTOBER 24, 198l+ ha.d gom~ through the normal p:t•ocedures and come t'eto.re the City Council on the Coneent Calendar in early August, at which time the Emergency Ordinance had been invoked. However., they had:ibeen told that it was not $.ntended to add more re~trictio~s, and he believed that Starr had gone beyond tne neighbprh0od concerns here. He referred to a Meeting with Westmont Park Villas' Homeowners Asso-ciation, and statea)that the concerns had not included 24-hour operation. He quoted 6ondit1ona 17,26 and 27 as being unacceptable to his clients and alac painted out tt.at the language .1.n Clause 20 was unacceptable, aince the extent was not clear. Com;.-: Claudy determined with Associate Pla..nner I Piasecki the intent of Condition 20. Mr. Jackson e1aboM~· that in Condition 28, no le.t't turn back out to Bubb was unacceptable because many customers · came from that direction; they also did not want to dedicate and improve a new right turn lane, sinca it had never been requird before, and d~d not want a median put in until and unless it was proved there was a problem. He submitted a petition or several hundred signatures gathered by the frannhisee to support the move. Public Works Director Viakov1toh clarified that the right turn lane being requested was not a full lane, and also that th the developer would not heve to bear the expense of relocating power lines. He relt the improvement was highly desirable, and this was a goo~ opportunity. Joanne Snko, 8072 Park Villa Circle, had attended the . meeting referred to by Mr. Jackson, she said, .. -"~'"r~ny:.Ji;i~~'::,;.:~:: .·. people in the Pa~k Villa development had been extremely con-cerned about the relocation of 7-11,. and noise, 24-hour operation and video games had been discussed at some length, and a petition had been signed, she stated. She pointed out that the Shell Station had had considerably less traffic, and that a left turn onto Bubb ?rom the site would be a definite dangi!!r·r. to Park Villa residents. OftnthfH:bbhar hand_, the bulkd of people had to turn left out of' Park Villa Circle., and she did not understand havin~ the center median and the right turn lane. She was d1stuubed about the amount of lighting planned for surv9i11ance, since the nearby homes were already impacted oy traffic noise and 'now would be ·impacted by lighting. Juanita Marshall, 8063 Park Villa Circle., agreed that 7-11 was needed in the urea, but only under Staff t'ecommendations. Carol Meyers, 8073 Park Villa Circle, saw a potentlll problem with cyclists, skate-boarders, etc., and thought that youths who would 110 longer have a place to hide would resort to smoking and drinkine on Park Villa property. PLANNING COMMISSION MINUTES, OCTOBER 24, l.98ll Jim Purdy, 7950 ~cClellan Road ~3, Manager of McClellan Terrace apartments .. had received 51 responses t-o a. questionnaire he ha.:. ser1t out t,,, residents, and only two peoplt: were 1n ravot' of the vri~ve and 30% had fel~-·that 7-11 should move out entirely. He was thankful t~r Staff Conditions, and showed photographs of the traffic, litter and vandalism problems 1n their area. He was not in favor of being able to make a left turn from Bubb into the site and felt the McClellan entrance also was dangerous. Margery Young, Park Villa Circle resident, representing her husband who was on the Bondd of Directors, drew attention to · h:ts letter to tile Commission strongly recommend::l.ng that the City buy the lot and extend the percolation pond a1t~ tor park use. Terry Bezdeck, 11074 La Paloma D~ive, thoMght the 24-hour operation bene!'itted the community. He thought that a-left turn on Bubb could be allowed in non-peak hours~ did not see any prvblems wlth.v1deo gamea, and lo1tev:1ng was discourgged by the management. He felt the new location would be safer for school children~ because it was closer to the crosswalk and tltop light. Doris Bosser, M~asurex Corporation, was concerned about effectively extending the 7-11 lease (they could only stay another 7/8 years at the present location) and felt the move would attract youths to their parking lot. She quoted a New Yo~k study shvwing that 11~ of Junior High add High School children consumed alcohol,, so thought that a liquor license should not be granted, She noted that Measurex had oeen required by the City to buy an additional .9 acr~s of land to be donated and improved for the percolation ponds, and felt that this site should be added by the City to that land. Ann Anger suggested that Measurex might buy the site for temporary employee housing, but that 1n any case, higher denntty housing would be a much better use of the land. Tom.Carmichael, 5120 w. Campbell Avenue, Suite 228, San Jose, real estate representative for Southland CorporationJ testi-fied that the 7-11 store was well established in the neig~­borhood and was very successful, was a good neighbor and had a very good relationship with the schools and the ~chool district. He noted that on the petition from the store, there were several signatures of Park Villa residents) and that after the meetin~ with Park Villa residents previously r•eferred to, the president had told him that onl.y ·ll';::':.,~,: out of the 93 units had major concerns. · Paul Bolan, 22103 Stocklrneir Court., ~u_p~n..o,, the 'franchisee, said he kept a tight rein on t~children, only allowing a few in at a time,, selling no cigarettes or alcohol to them and closing down the video games at the peak hours that children were in the store. PC-452A Page 9 .. PC-452A Page 10 -PLANNING COMMISSION MINU'l.lES, ,OCTOBER 21,9 1984 Com. Adams e.stabl1shed that Mr. Bolan would be :t"rauch1see at the proposed new site, and also that M~. Bolan· had so' tar c~nf~n~d litter clean-up to publi~ at~e•ta. Com. Szabo established with Mr. Bolan that 24-hour operation was essential to hia business. Fritz1 Engelhard, Park Villa Circle resident, said t~at the litter was not being cleaned up property on their side of the street, and was not confident it would be in the future. Mr.Jackson pointed out that the effort to control litter was presently a voluntary one by Mr. Bolan. Juanita Marnhall talked about thed~tfficulty or making a lefthand turn out or Park Villa in peak hours. .MOTION: BECOND: VOTE: Com. Szabo,, to close the Public Hearing Com. Mackenzie Passed 5-0 In discussion, the Comm1sidion felt that the area f'or litter clean-up should be extended, and mainly disagreed with the hours of operation and video game restriQtions. Com. Claudy felt that 7-11 should not be sin~led out f.or video game restrictj.on; he noted thai; if. the store was moved there would he better control of' the operation through the Use Permit, so that it would be possible to restrict hours of operation and video games lacer, if necessary. MOTION: C:Com. Adams, to approve the granting of a Negative Declaration SECOND: r,om. Szabo VOTE: Passed 5-0 MOTION: Com. Mackenzie» to approve Aprliaation 19-U-84, subject to Standard Conditions 1-15; Condition 16; Condition 17 modified to delete the limit on hoi.rs 1 or·operntion 'and r.roh1bit1on of video games, and adding, "Up to three video games shall 1.H? pe:rml tted. Ii' video games or 24.-hour operation become a probl~m, the Cor.11ll1ssion reserves the right to rev!ew the Us~ Permit.11 ; Condition 18; Condition 19; Condition 20 modi-fied to increase the debris collection area to 1,000 feet; Conditions 21-28 perSSharr Report, subject to the finding~ of the Starr Report and the subconclusions of~the Hearing. SECOND: Co~. Sorensen VO'I'E: Passed il-1 (Com. Szabo voting against the rnot!on,since he felt 24-hour operation inappropriate 1n a resi-· dent1al neighborhood). PLAN?UNG COMMISSION MINUTES .. OCTOBE.R 24 it 1984 Com. Claudy gave deteils ct appeal procedures. UNFINlSHED BUSINESS NE~1 BU SINE SS IU<;PORT OF-THE PLANNING COMMI:JSION Com. Claudy reported very br1e.f1y on the mayo:."' s lunch. · HEPORT OF THE PLANNING DIRECTOR Assistant Planning Director Cowan distributed copies of a· report proposing increased intensity 1.11 the h11lsiaes, pre-pared by the Coun~y Planning D~partment .. and. related Staff suggestions. J'v!O'I'ION: Com. Adams,, to send a MINUTE ORDEH to City· Council recommending that an Envj.ronmental Impact Report should be prepared regarding the matter of proposed increased 1ntensitiy in the hillsidea,, and recommen-ding that a letter be sent to the County Planning Department to that effect. SECOND: Com. Szabo VOTE: Pasaed 5-0 The Meeting was adjourn~d at 12:10 a.m. on October 25, 1984 . . ATTEST1 APPROVE: . I ,,,.·· .......... .. P0-4,52 Page 11