PC 11-13-84CITY OP CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue,Cupertino,Ca.95014. Telephone: (408) 252-4505
REGULAR MEETING OP THE PLANNING COMMISSION HELD ON NOVEMBER 13, 1964
SALUTE TO THE FLAG
HOLL CALL
Cor.1missioners Present: Commissioner Mackenzie Commissioner Adams Commissioner Sorensen Vice Chairperson Szabo Com..;.!.ssioners Absent: Chair:uun Cla1,idy
~taff Present: Director or Plne. & Devel. Sisk Asoistant Planning Director Cowan City At~orney Kilian
APPROVAL OF ~INUTES
MOTim:: Com. Adams, to accept the Minutes of. the Meeting of Octcber 22, 1984, after deleting the laHt 3 words of page 3, par~grnph 4, ard addin~~ "it was felt deletin~ the bus turnout could be hazardous for eastbound treffic attempting to pass ri bus stopper! for picking up paosene;ers."
SECO~E: Com. ~ackenz1e VOTE: Passed 4-0
(Com. ClawJ.y absent)
MO'rIC::: Co:li. Aca!~s, to accept the ~Unutes of October 24, 1984 aE presented.
SECO~~: Com. Mackenzie
VOTE: Paf.r;ed 1!-0
(~om. Claudy absent)
A letter fro~ Nr. Kennett Brooks of St0vens Creek Ranch Stat:es concernin~ It~m #1.
CO~JS2~~;:i CI\I,I~l"!Dr\H
PVBLIC HE'A!UNGS:
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PLANN!NG COMMISSION MINUTES, NOVEMBER 13, 1984
1. Application 7-U-69 of STEVENS CREEK RANCH STABLES: PUBLIC HEARING to consider re~ocation or modification of an ex1st1ng use permit which allows the operation or a comm~rcial horseback riding stable and EflVI.RONMENTAL REVIEW: The proj Eict is oabegor-ically exempt~ hence, no action ~s required. 'The subject p~operty is located on the east side of Stevens Canyon Road approximately 1,000 ft. south of Ricardo Road. First Hearing cont~nued. Planning Commias:ton has final app1~oval.
Director of Planning and Development Sislt recounted the findings of the September 10 1 1984 Planning Commission Meeting. He advised that he had met with the Rancho Deep Cliffe Homeowners Association and the owners or the Stables and Start had prepared the Resolution which Mr. Brooks of the Stables had agreed to in his letter.
Com. Szabo clarified that a modification of the original use permit was proi:,osed.
City Attorney Kilian advisee that Comm:i.ssioners not serving on the Commission at the commencement ot' the Hearing should abstain.
Mr. Edward Vargo, President of the Rancho Deep Cliffe Homeowners AsRoc1ation said they were in agreement with the prprosed Resolution.
MOTION: SECOND:
VOTE:
Com. Adams, to close the Public Hearing Com. Mackenzie Passed (Com. Claudy absent)
There was no discussion.
·MOTION.:;: Com. Adams, for approval of Application 7-U-69 as modified in the Staff Report~ subject to the Staff Report and Conditions presented therein. SECOND: Com. Szabo VOTE: .Passed
(Corns. Mackenzie and Sorensen abstaining, since they were not members of: the Commissio?'l at the
commencement of the Hearing_, Com. Claudy absenf.;)
2-fl
2. Application 20~U-84 of URSULA MILLETT: USE PERMIT to operate ballet clasdes in one classroom at Eeton Elementary School. Eaton School is located on the southeast quadrant of Suisun Drive and Farallone Drive in a BQ (Qua~i-Public) zoning district.
JNVDWl\MEH'l'AL HEV"IE'i'i: The Environmental Review Committee ecommends the granting of a Negative Declaration. First Hearing. lanning ColI'~-nission has final approval.
ssistant Plannine Director Cowan explained that, in addition to he use permit request, the Commission might begin a discussion
f general guidelines for surplun school sites, using the Minute rder attached to the Staff Report. He described the ballet school peration, and said that since t~1ssues were 1ntensity 1 traffic
PLAN?UMG COMMISSION MINUTES .. NOVEMBER 13, 1984
.,_. and parking, Stat!' had investigate~ how the 3 uses (Montesso~i
~ Day-Care and Ballet schools) tcgether differed in 1nten3ity from the original Elementary School, projecting worst-case tra!'.fic, and had round it about ths same, so that Stai!' felt the use permit could be ap~roved, though par~ing was a little short.
The Commiariion dP.cided to send the Minute Order to the School District for their review before d1acusa1on, and to use the Minute Order guidelines in the interim for guidance on such applications,
Ursula Millett, the applicant, did not reel her operation would make much differen~e to traffic.
Com. Adams established that 50% of the evening students would be driving themselves to class.
It wastagreed that parents driving daytime students would drop them off, leave and return again, therefore doubling the trips tor thefte students.
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Com. Sorensen wondered about a possible conflict with A.Y.S.O. on Saturday mornings, and there was a discussion on the parking areas.
~s. Millett thought there would be little conflict, since there would be only two small morning classes.
Assistant Planning Director Cowan explained that it was not really a question of traffic capacity;-which was there -but liveability in the neighborhood.
Bob Edmiston, Cupertino School District, said he ~nd diacua5ed the matter with C1J.Mnunlty representatives who had not i'ound the need for a meeting, since this was an acceptable use. ~e noted that~because of the ho1irs, this use wouldnnot conflict and commented that the parking lots now had hardly any cars in them.
Com. Sorensen established with Mr. Edmiston that there was no liehting inthe parking lots.
~s. Millett assured that it was her practice to hold children in ~he classroom until picked up by parents, thus alleviating Com. Sorensen's concern.
Com. Mackenzie pointed out that 1/3 or the site was left, but not rr.any trj.ps.
Mr, Edmiston sajd this was a primary point of disoassion with potential lessees. He nentioned that a theater group, who needed a large square footage, but would generate little traffic, were being considered.
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. ! . \ PLANNING COMMISSION MIMUTES, MOVEMBER 13_. 1984
MOTION: SECOND: VOTE:
Com. Adams,, to close the Public Hearing. Com. Sorensen Pa.eaed (Com. Claudy absent) 4-0
'l'he consen~us of' the Commission was that the propot!.ied use was a good one, and that Condition 19 provided a satisfactory review option.
MOTION: Com. Adams.9 to accept the Environmental Hev1ew Committee's Negative Declaration. SECOND: Com. Macken~ie VOTE: Passed 4-0 (Com. Claudy absent)
MOTION: Com. Adams, to approve Applica.tion 20-U-84, subj e~t to Conditions 1-19, eubjeot to the findings of the Staff Report and the subconolusions of the Hearing. SECOND: Com. Mackenzie VOTE: Passed 4-0 (Com. Claudy absent)
Discussing the Minute Order Reaolutionb Com. Mackenzie felt that school utilization included more than minimal evening activities, and that activities should be spread out 1nto the eveniug for less parking and traffic imp~ct.
It wa~ agreed to delete the last six words o~ the fifth paragraph of the Minute Order Resolution Findings, and to send the Resolution to the Cupertino School District tor their comments.
3. Application 15-U-68 (Hevised) of CUPERTI:NO HILLS SWIM AND RACQUET CLUB: USE PERMIT to construct a 900 aq • .t"t. aotivity center with kitchen facilities at the Cupertino Hilla Swim and Racquet Cl\:o and ENVIRONMENTAL REVIEW: The Environmental .Review Committee recommends the granting of a Negative Declaz•ation. The subject prop~rty is located southerly of and adjacent to Rae Lane approxifuately 370 ft~ westerly of·the intersection of Rae Lane and Linda Vista Drive in an Al-43 (Agrioultural-Residential, 43, 000 sq. ft. minimum lot slze) zoning distx•ict. First Hearing. Planning Commission has final approval.
Com, Mackenzie abstained from the Item.
A letter from Mrs. Donald Meyers, Jr., 10857 Linda Vista Drive was passed forward for Commission perusal.
Assistant Plantiing Director Cowan described the addition propsosed, and the ~istory of trouble with neighbors to the south. He advised ~hat Staff had asked the applicant to cbhs1der other sites, but that the· applicant had decided to pursue this one.
PLANNING COMMISSION MINUTES, NOVEMBER 13, 198~
Cind~ Mahoney, member or the Board or Directors ot Cupertino Hills Swim and Haqquet Club, pointed out that the addition was not a club houce, but a. shelter from adverse weather, providing some fac1litieo, 1n a spot where activities had traditionally been held. Other reasons for the location was that the tennis courts could be observed, she said, and it would not detract from or block views. S~e con~eded that there had been complaints in th~ past from neighbors about smoke, but these had bean taken care of, and their records did M:>t show any noise complaints that Staff' had l!.entioned.
Com. Adams passed Mrn. Meyers' letter to M~~. Mahoney. He established that Mrs. Meyers' dwelling waH only' 5 .ft·• ·from the prope~~Y line.
A description of shrubbery on the Club property was given, and Assistant Planning Director Cowan advised that high trees had one time been a requirement, but that both the Club and t~neighbora had not w~nted them.
Joseph Evuliah, owner of the property at 10857 Linda Vista Drive, said that his property 1n the a.rea woulrla eventually
be developed, and t~at.he was opposed to the proposal because of the noise and sm6ke from the barbeque already experienced. He felt that the building would mean less tranquility for the neighbors and futuve neighbors, and the atmosphere would be one of an amusement park. · ·
· Mike Haney, President of Cupertino Hills Swim and Racquet Club, said they had always abided by the rules and wanted to
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be godd neighbors. He rej ectci the comparisein to an amusement
pa~k; there was not much social activity, and only 243 member ships, he said. They did not have a big turnout at social
f~nctions, he advised; they had ha~dly any on site~ and the largest was on July 4th every year, with approximately 200 pe ple.
Com. Szabo established with Staff that the homes in the future subdivision would probably be 20 tc 25 rt. away from
the proper~y line.
Roy Evulich described having lived in an adjacent house until a year-and-a-half ago, approximately 100 ft. from the propose building. He had experienced a lot of noise and problems over the last 15 years he had lived there, he said, ~nd felt
if the building was allowed there would probably be more parties. He was concerned about future development ot the adjacent property, and felt it would not be as sal~able if th building was allowed.
Mrs. Donald Meyers, 3r.~ resident at 10857 Linda Vista Driv~, was against the proposal and felt it would lead to more nolse
Orrin Mahoney, Club member, Baxley Cou~t, supported Mrs. Mahoney's comments and described the Club as being an overall benefit to the neighborhood. They did not want to change the 1
club tlavor 1 he said, and Just wanted to enclose what waa
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PC-'4 53 PLANNING COMMISSION MINUTES, NOVEMBER 13, 198ll Page 6 alre&dy there. He did not aee that this· would .change the level 0£ bother to the particular neighbor sig~ificantly. ·
Warren Whaley, Baxley Court, member of the Board ot Directors ot Cupertino Hilla Swim and Racquet Club, thought that people in the area of the building would be :tndoo1•s 1 and ethers would be pioniok~ag on the lawn area., so that he building would serve as a buf.t'er. He also explained that the kitchen in the building would replace the majority or the barbeque use.
Com. Adams felt that the patio would still be used 111 nice weather, especially ror observing t~nnia, and that the building would act as a reflector in that case, rather than a buffer.
Joseph Evulich advised that the north wind prevailed for most of the year, and blew in the direction of their property.
Roy Evul1ch stated that althoughtthe location might be best tor the members, it was not for the neiBhbors, and that members could have a low-key facility elsewhere on the property just as well as in this position.
Com. Adams wanted to see the applicant explore alternatives and ha·:e more communication with the neighbors, whose r,oncerna he appreciated.
Com. Szabo asked the applicant ~Qout a decision or continuance, since the appl1catt~ would prob~t,ly be denied, he advised.
Mr. Whaley requested a 30-day continuance.
MOTION:
SECOND: VOTE:
Com. Adams, to to the Meeting Com. Sorensen Passed (Com. Mackenzie
continue Application 15-U-68 (Revised) of December 10, 1984.
3-·0 abstaining, Com. Claudy absent)
4. Application 22-U-84 of GLACIER BAY 8 INC.: USE PERMIT to operate a 1, 100 sq~ ft. Gela.to (Ice Cream) Sh.op and ENVIHON-MENTAL REVIEW: The project is categorically exempt, hence, no action is ~equired. The subject site is located in the De Anza Square Shopping Center on the east side of De Anza Boule-vard approximately 125 rt. south of Silverado Avenue in a P · (Planned Detelopment) zoning district, First Hearing. Tenta-tive City Council hearing date -November 19~ 1984.
Director of Planning and Development Sisk described the store and location and the present policy for eating establiahments in the CG zone., and recommended approval of the Application.
Torn Gee, the applicant, requested a minor change, moving the late hours from Saturday and Sunday to Friday and Saturday~
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PLANNHW COMMISSION MINUTES, NOVEMBER 13, 198ll
MOTION: Com. Mackenzie, to clo3e the Public Hearing SECOND: Cor:1. Adams VOTE: Passed ~-0 (Com. Claudy absent)
The~e was no discussion.
MOTION: Com. Adams, to recommend approval of Application 22-U-84P subject to Conditions 1-16 with Con~tt;;n 17 modified to reflect 11: 00 p .m. closing ;-:u:ru ... ' through Thursday and midnight closing on Frid~~ and Saturday, and th findings of the Start Report. SECOND: Com. Sorensen VOTE: Passed 4-0 {Com. Claudy absent)
UNPINISHED BUSINESS
5. Discussion of Recycling Bins in Gas Stations and Shopping Centers (Citywide).
Director of Planning and Development Sisk explained that Starr needed some guidance on how to treat the issue of Recycling Bins, whether use permits ~hould be required or not.
Com. Adams suggested a code enforcement officer might keep a check on them as a first approach. He had seen in ,.t)_'tf)rer cities they we~e not uniform and did not lcok good.
Com. Sorensen wondered if the ~ins would cut into the De Anza Recycling Center's business, and also it Cupertino was· to institute a pickup of recyclable items.
Kenneth Newman, Box 258, Cupertino, membe~ of the Ad Hoc Recycling Co;nmittee and the Board of Dire~tors of the Jaycees Recycling Center at De Anza College,e~pia~ne~hllf.!1#'b;ttm!ty was not just for raising money, bu~ for reducing the disposal of waste, and in that vein» the Am·erican Heart Association boxes were fine, since convenience in placement of bins encouraged recycling~ 'v:::tt:On?,,,,thheoulli!t:e hand, the De Anza Center business had dropped off si~ce these bins had appeared, and though the Jaycees funds from the De Anza Center came back to the City :1.n various contr:!.but1ons to causes, the proceeds of the American Heart bins ~ainly went to the owner with a certain sum going to the American Heart Association.
'l'he Commission felt it important that funds came back to the community and City Attorney Kilian advised that the City would probably have the power to restrict the activity to non-profit organizations.
Co'mrnitifd.on~~sfelt that newspaper recyr~llng WD.B acceptable, but cans and bottles posed 3afety problems)abd if collected,
3hould be removed from site for sorting.
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PC-453 Page 8 PLANNING COMMISSI0}2 MINUTES,, NOVEMBER 13 1 1984
Mr. New;nan advisr.rd that safety factors were planned for,and
l.irdb~dvised that he had given Staff copies of zon:t.ng ordinan-cea from othc~ cities that addressed the criteria for using non-profit organi~a~ions.
Com, Adams t'~lt th~c,i.-e should be some contrc>l of the .f."requenoy of b~_is. He fei¥ shopping cemtera or grocery stores might be more convenient than gas stations, and that residents would be
~ore likely to drop their recyclable items within City limits that way,· since he presumed most shopped within the City.
City Attorney Kilian felt that theffrequency of bins could be controlled, and tb~t there would be a reaeonable basis for it.
Com. Sol'ensen wanted to see what the Ad Hoc Rec:/cling Committee came up with.
Mr. Newman advised that he would bring the ma.tter before the Conunittee at their next meeting.
Director er Planning and Development Sisk undertook that Starr would work on an ordinance, with.th~~h~lp of the Ad Hoc Recycling Committee.
6. Discussion -Planning Commission Meeting of December 24, 1984.
It wa~ decided to delete the second Planning Commission in December.
REPORT OF PLANNING COMMISSION
Com. Sorensen,, r•eferrin~ to Item #4 of the Planning Commiss.ton Meeting of October 24,~iA fotlnd that none or the three schools
i~ the area had been notified.
Director of Planning' and Devlopment Sisk advised that the School District was notified as a matter of course, and that it was then th~ir decision whether to notify area schools or not.
REPORT OF PLANNINC DIRECTOR
Adjournment:
ATTE%/ . . ./,/ ; v~~ Dorothy· CorneUus
City Clerk
9:32 p.m.
APPROVE:
i) , • I ""' l r--·-. J, 1 j; ! f'. I a.~ !. 0 ~·--
Nick Szabo
Viclrcha:l.rperaon