Loading...
PC 11-26-84I tX NP CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue,Cupertino,Ca-95014. Telephone: (408) 252-4505 PC-454 Faee 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON NOVEMBER 26, 1984 SALUTE TO THE FLAG 7:30 P.M. !'OLL CALL Commissioners Present: Commissioner Madkenzie Commissioner Adams Co;nmissioner Szabo Commissioner Sorensen Chairperson Claudy Staff Present: Dir. of Planning and Devel. Sisk Assistant Planning Director Cowan City Attorney Xilian (7:45 P.m.) APPROV:7. OF MINUTES MOTTO*!: Cam. Mackenzie, to approve the Minutes of the Regular. Meeting of November 13, 1984 as submitted. SECOND: Com. Adams 4-0 VOTE: Passed (Chr. Claudy abstaining, since he had been absent) POSTPONEMENTS OR NEW AGENDA ITEMS TV-eM #1 was postponed until the arri,'al of the City Attorney, f 4 `r his advice, since it had not been correctly advertised. Item #2 was postponed until the decision on whether Item #1 could be heard was made, since it would be affected by Item #1. T 0 14 S WRITTEN COMMUNICAT.L 01-IAL COMI'MUN I CATIONS CONSENT CALENDAR ITE114S REMOVED FROM CIONSENT CALENDAR PUBLIC 11EARINGS: 3. CITLy, 0'1 CUPrRTINO: PUBLIC HEARIING to consider an amend ment to the CG (General Commercial) zonllnLc, district and ENVIRO,i1'%',E'N7'AL REVIEW: The Environmental Review Comi',11ttec recommends the ErantinC of' a Negative Declaration. First llear.lnr, continued. Tentative City Council hearing c:,Q.te December 17, 1984. I Assistant Planning Director Cowan, F.;ivingv the Staff Report, presented a revised draft incorporating changes and comments triade at plrior Neetings,. Ile asked for guidance in the, definition of restaurants with and without bars, and for a on whether either category should require use permit PLANNING COMMISSION MINUTEB, NOVEMB~R 26» 1984 It was determined by, the Comrn:l.ssion that a :!:">estaurant w1thou .... 1:1. bar would not reqpire a u&e permit i; and,, in det'int~.ton, would· not have separate tables or areas or rooms aet aside for the serving of beverage8 or alcoholic beverages; all tables would be set for dinner. Restaurants with bars would ~equire a. use permit and would have tables purely for serving teveraa-es or alcc!"iolio· beverages, or a separate area or a separate room tor such. 1'he difficulty of dift~enti'stt:1ln'g11' fast food restaurants ~ specialty food stores was discuflsed. Hours of operation or seating capacity as distinguishing factors were considered~ but did not seem satisfactory. City Attorney Kilian arrived. 7:30 p.m. City Attorney Kilian thought the distinction betwnen a fast food restaurant and a delicatessen was vsry slight~ and suggested it might need to be rewo~ked, though he advise~ that even a slight difference would be upheld in Court. I Corn. Szabo preferred to use the parameterR of' neighborhood· anc'I. hours as triggers for uee perrn:t ts, since he was anxlous nC1t to' over regulate. Assistant Plannlne Director Cowan advised that other issuP.s, such as police, also needed to be addressed,, and the use permit was needed for control. In discuasion, the. Commission decided that obj'ective standards such as hours and neighborhood would work in some instances, and it was noted that a time control existed in the preeent.draft ordim:.nce. It was sugge1:1ted that a time parameter• might be u.sed to distinguish between a delicatessen and a fast food restaurant. It was the consensus of the Commission to take publ~c input at this point., after wh1ch the Public Hearing would bf.'! closed and the Cor.unissiion would work through one section at a t:ime for ....i. majority decision on each. Mr. J, Dale Greenfelder, 520 Compass Drive, Redwood City, repre-senting Atlantic Richfield, described their AM/PM Minimarket business and noted that such a convenience market that sold g&soline ~as not in the definitions. He displayed a newsraper article regarding the MADD* opposition to marketing gasoline with Qlcoholic bcveracesj and adv~~cd that beer and wine was sold in their ::rn.i.,ket. s tecm.\;>e of. puhli.c demand. ~1!ADD'i had admitted ~:1ert-· ;.,~::: no r:.rm evidencE> that people boucht beer and wine from a serviee station or convenierice market and consumed it in their cars, he sEdd, but he had f'.rm information that only l. 6% o.f their customers had boucht beer and wine in 198~, and he hoped this · statistic would help with the Commissic.in 1 s dec:t.sion. Co~. ~nck~nzie 2iked how the sales and operation of AM/PM Mini- ~arkets ha~ been aff~cted by the cc~trov?rsy. ~:r. Grcenfel~er advised that their sales had not been affected, but t~e value of thei~ franchises had dropped s!~&the City of 5anta Clara h&d adopted into their ordinances a clause that when I ' ~·'('• • f.~ } ~ ~ !'} r • "',J: f•' 0 l '.). ' *MAi)r)' _;: :WJt·fi~;..~'s, "'if~rr:tlf'~::i ''~6\.1~'rl1{· ~er s PLANNING COMi~ISSION !'liINTrTES, NOVEMBER 26, J.9814 present AM/PM franchisees were replacedJ alcuholiu be~erage sales had to be dro.pped. Corn. Mack@nzie observed that Mr. Greenfelder'a reMa~ka seemed to indic~ce that a large amount of alcoholic beverages were solu. Mr. Greenfelder established that alcoholic beverages repre-sented only 1% of their total sales~ and hoped this faat would help with defjnittons. In conclusion, he said that Atlantic Richfield favored :rohibition of alcobolio beve~aee eale& at servtce stations, which AM/PM Minima.rketa were not. Da1 .. le!'le 1rhorne, Cupertino Chamber of Gornmerce JI advised they :, had alerted approximately 150 businesses that might be affec-ted by the changes, and observed that minor alterations and chnne;es in sales not triggei:•ing a use permit review would be very helpful. She enquired whether affected businesses in PD zones were still exerr:}.'t from obtaining .1udividua1 use perm.:1ts. Assistant Planning Director Cowan stated that in some PD zones -che;y \'lere, b11t requirements in such zones :.rould be mod1- field to fit th~ '.:'lew ord.!nance. Hfi1::•nR~~iJlt.fi.~Vf.~le,!lB;riw:: wordin~ of !tem 3 in the draft ordinance should set the Ch&.i;ibe1• at eC:J.se, s:tnce minor alterat~ons and cha.ne;es would no longer trigge.1." a Uf"e pe:t"r:tit review. Ms. Thorne confirmed with Chr. Claudy that a change in owner-ship wa.':l not a trigger for a use perrr.it review. Com. Mack~nzie asked Ms. Tho~ne to give her d~finition of a delicatessen. Ms. Thorne saw delicatessens as a vital service for the ~'.:usines~;s community; they were :nainly "mom and pop" o}.lerations not serving beer or wine, she though~. The Sommis~ion discussed what was minor and what constituted internal parts with regard to automobile maintenance. Assistant Flanning Director Cowan thought that a muffler shop should be required to have a u3e perm:Lt. f·iOTIO?J: Con. :•:ackenzie, to c.lose the Puol:tc Hearint: SECOND: Com. Ada.m~ VO'l'E: Passed 0 5-0 City Attorney Kilian advised that as the CG ordinance was presently Yritten, a convenience narket selling gasoline was.a service station and alcholic beverage sales were prohibited. Regarding other definitionsJ he believed Minor Automobile Repairs could be rectified by appropriate laneuage, but he was dubious about the difference in def1nit10ns of delicatesse1s and fast food stores. Com. Mackenzie wondered i~ such a definition could be at the Planning Director's discretion. PC-4S4 Page 4 e PLANNING COMMISSIOH MINUTES, NOVEMBER 26, J934 City Attorney Kilian advised that standards and restriotiona would have to be de:.'ined by the Commiss.1cm. It was decided at th1s point to make a decision regarding Items 1 and 2 on the Agenda. City Attorney Kilian counseled that it would not be wise to hear the General Plan flt:'lendment in the c.1rcu."ll11tances, though it could be· disaussed ir required. It was the c:onsensus of the Com.mission that Item #2 ';hould be continued until they could hear Item #1, which legally did not exist at present. There was a d1acuas1on with the applicant on the continuance. MO'l'ION; Gom. Adarnss to continue Item #2 to a Spec1.al Meeting to be held on January 9, 1985. SECOND: Com. Mackenzie VOTE: Passed It was noted that Item #1 heard at the sam.e~t:tme. 5-0 would be advertised and would be Returning to Item #3, Chr·. Claudy polled the Commission to discover if Staff's added clause in 3.l(a), that minor alterations would not trigger u;:;e permit:Jrequiremerit.s or rey1ew,, was acceptable.' It wa.~ the consensus of the Corr.,11ission that the words "changes in use which do not pe>present an increase in intensity" be deleted from clause 3.l(a) of the dr'aft ord1nan,:e. 'l'he clause ·was otherwise acceptable,,. £:..:··!~:-· ·:, ,,,..,J ~ .. ~i")'t~~e. Referring to Section 4: Der1nit1ons, and particularly to Section 4.1: Automotive Maintenance/Repair (Minor) it was decided the wording of the section should be changed to add servicing of brakes to minor servicing and to add the word "internal 11 before the word ".engine" and to add drive-train parts, transmissions, axle nssemblies and exhaust systems to the list of maintenance/repairs not considered minor. The section was to read, "A retail establishment engaged in supplying minor automobile maintenance service such as lubri-cation, engine tune-ups, smog certifications, servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the internal engine and drive trains and transmisHion assembly or exhaust system or drive train parts to b2 removed from the car or requires the removal of internal parts shall not be considered :ninor." There was disouasion reGardins other itens that might consti-tute major, rather than minor, repairs, such an mufflers and body work. Assistant Plannin~ Director Cowan pointed out that these types of repair facilities were usuRlly located in li~ht jndustrial z.ones. I I I I i t f I I I t .. . . After soce discusnion~ the Cotunission felt that as these seemed to be nubsidiei~y activities to aotiv:;.ties that would require a uae permit., there would be adequate controls. It was the consensus of the Commissio.n that De!'in1t1ona A~. 2: Convenience Market; 4.3: Dr.inking Establishment; 4.4: Drive-Through E:stablishoent, and 1L6: Liquor Store, were clear. In Derin1t1on 4.5: Late Evening Activities, it was decided to move the opening hours back to 7:00 a.m. and to add the. word 11 an:t" after the word "maintains". The section was to read, "An Activity which maintains any hours of operation during the period of 11:00 p.m. to 7:00 a.m." Ch:>. C::'..audy COP'Jne~·,t;ed regardint; Def:.tn:t. t :ton 4. 7: Restaurant (Fast PcoC.) tht.:tt tm Commission nad been trzring to make .a distinction so that fast food restau~ants required us& permit~ but .ice c:-eam stores, delicatessens and donut shops did not. He wonde:::·ed if the Commission was sti.11 of th1.s opinion, since the latter could gene~ate as much traffic. The Cori~iss1on aereed that traffic t~r such businesses could pose a i:-roblern. Com. Sorensen wanted to know if the procedure to obtain a use permit f:'c:::-a food .shop would be cumbersome. Assistant Planning Director Cowan wondered if the Commission would consider streamli~ing the procedure by makina a procedural. ordinance change; he quoted the l?.Xa.mple o.f Plarmin& Co:nm1ss1ons having zoning administrators. At present, all tuch applications had to go to City Council, took about six weeks and were time-uons~~ingj he advised.· When asked by Chr. Claudy, City Attorney Kilian con.firrned that Staff could grant use perm:.!.to if required, but adv.tsed that a basis !:or revocation had to be spelled out by the Commission. He obse:-ved that use perm1t8 could also be granted by the · Planning Commission without auto::iatically going to C-ity Council. ~hen consult~d on whether a nuisance abatement hearing or a use permit revoJation hearing was more satisfac-tory, he emphasized that the latter was far preferab~e. He a~reed t~at in certain areas of the City that were appropriately general-planned there could be a traffic limitati.on put on use pr~:r"":::::.s. 'l'he com:ensus on Definition 4. 7 was that specialty food sto?'EHil'.f should st! 11 tie somehow exclude·d fror.1 use per::1i t requirements, but that a better definition was required. The co~se~sus of the Commission on the gas station/convenience ~arket !esue was not to cive any further direction. 'l'he Co;;:::::!.ssion dec.ided to contintu' tf)I'' ll<'arine;, }J:lnce they . hud exhausted their agr~ed'time limit but not their discussion f ' f'C-454 PLANNING COMMISSION MI?W~~ES, NOVEMBER 26,,, 198ll J'aee 6. e ., NEW BUSINESS: 4. Application l-U-84 of SOBRATO DEVELOPMENT COMPAllY: Consi-deration of minor modification to delete three parkih~ ~paces and allow 52; compact parking. Director rf Planning and Development Sisk, giv1ne the Start He port, explained that tlhe developers had been asked to e:naure preservation of two large trees which had necessitated some chanees in the foundations 6 resulting in the propos~d changes. Ile advised thht a covenant had been recorded stipulatins a maximum occupancy or the building to fit the parkinB • . ii t ' Com. Szabo felt that as the neighborhood was not residential, parking should not be a concern. 'l'he quest :ton 0f the pos.ti ble sale of the subject propertyc•c:v the adjacent l'epperrnil:::. property was brought up. John Sobr.ato, Jr., the appli~ant, admitted it was conceivable that they 1!light sell the Pepperroill property at some time,. but drew atten";ion to the C:Venant that controlled the number of occ•tpa.nts and guests. 'I'he Comrnir.sion .felt that with less spaces than occupante and an executive envirorunent, parking might be a problem. Chr. Claudy knew that the Pepperm111 parkine lot wr:-_s heav11y used and thought parking might overflow tu Four-Phase, but pointed out that there was d controlline clause, should problems arise. He was more cuncerned with the compact spaces for the same rea&on, he said, that in an executive environment, cars would tend to be large. Mr. Sobrato satis.fifld the Corr ... -;.1sslon by advising that the spaces in question, shortened because of the trees, had been compacted depthwise rather than widthwise. NOTION: Com. Adams, to adopt a !Unute Order :for the amendment or Condition 22 of Application 1-U-84 SECO~D: Com. Sorensen VOTE: Passed 5-0· 5. Application 17-U-83 0f TOWN CENTER PROPERTIES (JOllN VIDOVIC~): Consideration of rninor modification regarding final clevntion of parkin5 lot adjacent to St2vens Creek Boulevard. Director of Planning and Develop~ent Disk gave the Staff Report, describing the building presently under construction arid advising that the future occupant~ Cupertino National Bank, wanted to raise a ~ortion or the depressed parking ~ot to Erade level ror. easier' nccess. ~Ir. J!m Jackson, representing Cupertino National Bank, pointed out that the atructure had been designed as an office building witho~t a rnnjor focal point entry on the e&sterly face, bu~ as a renult of the proposed cor~merc1al use, whJch he described as favored by the Cpr.~mJ ssion and, th~ coi11'Tluni ty, there was a need for such an access. He pointed out that the at-grade access Kould help the handicapped as well as benefitting the bank. . '• e PLANNING C0NMISSION MINUTES,. NOVEMBER 26,, 1984 PC-4~4 .. Page 7 The Cor:1m1ssion determined, with archJ.tects Denis Henmi and f;~;U~ Sylvia Kwa~, that onlJ the area near to the building would be raised, with the fill tapering down to the original grade in the area closest to ~tevenB Creek Boulevard,, thus creating a vex•y low ridge. MOTION: Ccm. Szabo,, to adopt a Minute Order approving a minor modification in accordance with Condition 29 or Application 17-U-83. SECOND: Com. Sorensen !OTE: Pas sec~ 5-0 I1EPOR'l' OE' THL : LANNING COMMISSION Com. Mackenzie,, ~eporting on the Mayor's Lunch, said that on the City Center !:ssue, •rorre was not 3oing to be opened up currently, but the 0ccupant s c.1f' the commer•cial strip where Cicero's Pizza was located were to move cut within eighteen months, so that an extra lane could be added to De Anza Boule vard, to force traffic onto it. It had also been mentioned that Highway 85 would not be extended for at least Eeven years, he sa1C.. Director of Planning and Developnent Sisk added that City Council would not allow Torre to go through currently, but it would be built rnd herricaded, to be opened at Council's discretion. HEPORT O.P 'l'HE PL}\~mnrn DIHEC'I'O,H ADJOUHN:V:ENT APPROVED1 ATTEST: I i l f I I I. I t-i