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PC 09-24-84CITY OF CUPEHTINO, S':l.1A'l1E OF' CALIFOHNIA 10300 Torre Avenue,Cupertino,Ca.95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAH MEgTING OF THE PLANNING COMMISSION HELD ON sgP'l1EMBER 2/i J 1984 Chairperson Blaine called the Meeting to order at 7:30 p.m. ' ln th€ Council Chambers, City Hall. SALUTE TO THE FLAO ROLL CALL Commissioners Present: Commissioner Claudy Commissioner Koenitzer Commissioner Szabo Chairperson Blaine Staff Present: Dir. of Planning and Devel. Sisk Assistant Planning Director Cowan Assistant City Engineer Whitten APPROVAL OF MINUTES 'l'he Minutes o!' the Meetir1g of September 10,, 1984 were approved after the following correction: page 15, second paragraph, to be replaced wihh, "Com. Koenitzer clariried that it had been put in reserve because. the development rights were deeded. to the City •. 11 MOTION: SECOND: VOTE: Com. ciaudy,, to approve the Minutes as corrected Com. Koenitzer Passed 4-0 (Com. Adams absent) POSTPONEMENTS OR NEW AGENDA I~EMS Assistant Planning Director Cowan advised that the appJ.icant had requested the Tentative Map portion of Item #1 be continued for two weeks. MOTION: Com. Claudy, to continue 7-TM-84 to the Meeting· of October 8, 1984 SECOND: Com. Koenitzer VOTE: Passed 4-o (Com. Adams absent) WRITTEN COMMUNICATIONS Letters from H.W. Associates Investment Co. and James M. Burke, Monta Vista Resident, both regarding Item #1, ORAL COMMUNICATIONS -KONE CONSENT CALENDAR -NONE ITEMS REMOVED FROM CONSENT CALENDAR -NONE PC-449 Page 1 PC-449 .ge 2 PLANNING COMMISSION MINUTES, SEPTEMBER 24, 1984 PUBLIC HEARINGS: 1. Application 12-U-84 o:t HW & ASSOCIATES INVES'.l"MENT CO.: USE PERMIT to construct 16 two atoX'y residential single-tain:tly oondominium uhlts· and ENVIRbNMENTAL REVIEW~ The Environmental Review Comm1tte~ recommends the granCing of' a Negative Declaration. The subject property is in a P (Planned Develop-. ment with residential intent, 4.4-12 dwelling units per gross acre) zoning district located on the south side ot Olive Avenue between Imperial Avenue and Pasadena Avenue. First Hearing continued. Tentative City Council hearing date -October l, 1984. Assistant Planning Director Cowan, giving the Staff Report, pointed out that the project size had been reduced ta 14 units, and compared the new plan with the original. He discuss~d the traffic circulation issue and described Staff's me~ting with area residents the pr1or Thureday, in which concern with street closures had been discussed. He drew attention to the fact that there was a proposal to construct double culdesacs to separate the residential from the industrial sector, and that this was an issue wit:l the I'tH'tidents,, though Staff felt the proposal would work w~ll. There was a ~hort diacuLsion as to whether prior street closures had helped the area, and the types of traffic that utilized the area at this time. Hilda Won€, the applicant~ exhibited two drawings o~ the revised project and described the more extensive landscaping and the improved parking situation. She wanted the Conunission to realize they could not go any lower 1n denB1ty because of costs and the situatio~ of the project. The.re was discussion on the color scheme depicted in the drawings,, and Mrs. Wong established that the colo~ scheme and roofing materials had not been final!~ed, ~he Commission decided that H. Control could review these when reviewing the land~cap1ng. Ann Anger, President of the Monta Vista Improvement Association, was more impressed with the revised project because of the lower density, though she wished the developer had reduced the backyards in favor of more public open space. Alyene Daggett;, President of,Monta Vista Homeowners Association, ~entioned the meeting with Staff of the previous Thursday. People were concerned about separating the idea of the Glosure from the development itselfs-she said,, which moetly was v.iewed as a good addition to the neighborhood. However, they wanted to look at the proposed closure in closer detail, since there were numerous violations of the Orange Avenue closure, which was similar. Also, residents were concerned that truck traffic for the industrial sector would be restricted, she said. PLANNING COMMISSION MINUTES, SEPTEMBEH 2J~,, 1984 Th<:re was some discussj,on between Com. Bla.1.ne and Mrs. Daggel;t with reference to the problems th.e.t truoks in the n6.tgbborhood might b1•ing,, a.nd the1•e was some quAstion or what the .flow plan for truck ·traffic in the area a.otually was. Assistant Planning Director Cowan cl~rified that the in1t1a concept had been to have a median on Stevena Creek, a~ that all truck movement would be !'oroed to use the Ora:tlge signal, and he described why this had not come about. He thought that trucks might be using Imperial, but agreed w:'. th ;.1rs. Daggett that the intent had been to focus that traffic. to the signal at Orange and Stevens Creek. Mrs. Daggett stated there was some overflow of parking from the industrial into the residential area. She disagreed with Staff's position that commuters did not go th~ough the neighborhood, and emphasized that stop signs.were neede • . ; James ~urke, 21750 Olive Avenue, said he had not disagreeme with the way the lot was to be developed. In regard to the ouldasac issue, he explained the residents wanted· a.n ext'en-sion so they could work together to ascertain the negative or positive effects. He .fel·t that a stop sign on the corne of Olive and Pasadena would be necessary if the culdesaca were installed. Com. Blaine asked Mr.Burke and Mrs. Daggett about plans for futurE: meetings and a time frame ror their investigations. Mr. Burke advised that M.t."s. Wong was work111g wibh them as a community, and that her request !'or a time limit of six months on the extension would probably be a.dequate .. fot,-thei needs. Mr. Lewitzky, 21860 Alc~zar Avenue, presented some figures on a traffic survey he had done for City Council. He advised that the community favored stop signs for traffic control. Questioned by Corn. Szabo, Assistant Planning Director Cowan confirm~d that the Fire Department was negative towards closures ~n general. Bob Bell, 1831 Frobisher Way, liked Mrs. Wong's plans and the way the lot had been cleaned up. Carter Lake, 10101 Orange Avenue supported Mr. Bell and added that it was an intelligent use of the land. He men-ticned that Mr. Lew:ltzky' e traffic survey ref'lecteQ. the concern of Monta Vista reaide~bscon the traffic issue, and his only concern with the development was that it would add 14 fam!lies. e. PLANNING COMMISSION MINUTES, SEPTEMBER 24, 1984 MOT.ION: SECOND: VOTE: ( Com. Claudy, tc close the Public Hearing CtJm. Koenitzer raatSed (Com. Adams abs~nt) Com. Claudy observed that the Monta. VistR. t1•af!'ic plan had be~n approved to improve the quality nt life in Monta Vista, and it .1 t was not dciing that, a new plan should be ad.opted. He suggested that if it was decided against the ouldesaa~ on Olive, a solution sirdJ.&r to Wildflower way~ tc.> divide the induetrial from the residential, might be ut111zede Com. Koenitzer suggested that ·1r Mrs. '.'Wona: had not had direc-tion after six mo~tha, ehe should be allowed to proceed with construction of the culdesacs, because of the pot~nt1al negative financial impact. He noted that he was still concerned with having developments in th9 City whe~e large residen~es were put on small lots> but could not see a solution. · MOTION: Core. Koenitzer, to recommend accep~anoe of the Environmental Rell'!ew Committee Repox•t., SECOND: Com. Claudy VOTE: Passed 4-0 (Com. Adams absent) MOTalON: Com. Koenitze:t"ii to recommend approval of Appl:tcati.on 12-U-84 subject to Standard Conditions 1-15; Conditions 16-19 of the Sta.ft Memo; and Condition 20 of the Staff Memo modified to add,"Colors for the building and the tr•im to bE: submitted tor informal r~view by H. Control"; Conditions 21-25 as per S~a£t Memo; Condition 26 modified to add, "The 1nstalls.t1on of the ouldesaaes shall be delayed six 116titl..h from the approval of the Use Permit. After that time, if the General Plan has not been changed, tho dev~loper shall have permission to go ahead and insta.Jl the culdeaacs."; Condition 27 as per Starr Memo; with findings and oubconclusions of the Staff Repor~ and the Hearing. SECOND: Com. Szabo VOTE: Passed 4-0 (Gorn. Adams absent) Tc be hearddby City Council on October 1, 1984. 2. Application ll-U-82 (Revised) of C:OJVLMU}JITY HOUSING DEVELOPEHS: USE PEBJ.JIT to i.!odify certain architectural elements an.ct add carport facilities and ENVIRONMENTAL REVIEW: ~he project was previouEly assessed, hence, no action is rAqu1red. The subject property is located approximately 150 ft. south of StPvena · Creek Boulevard and 300 ft. east or Stelling Raad 1n Ll P (Planned Development) zonjng district. First Hearing. Tentative City Council hearing date -October I, 1984. PLANNING COMMISSION MINUTES, SEPTEMBER ~4, 1984 PC-449 Page 5 Director of Plannj.ng and Development Sisk, 1n the Sta:r..r Report, noted the proje~t was now back to its origi,...al state,, owing to the fa.ct that .further monies had been found MO'l'ION: SECOND: VOTE: Com. Cl~udy, to close the Public Hearing Com. Koen:ftzer Passed (Com. Adams absent) 4-0 The Cormnislflcton was pleased with the changes, and hoped the1 prior comments and act:l'.ona had influenced the mattez•. MOTION: Com. Claudy, to :recommend approval of ll-t!-82' (Revised) subject to all Conditions set forth in Planning Co.rrun1s*dion He:iolution No. 2399,, anrt Condition 15 of the Staff Memo,, with findings and subconclusions of the Staff' .RepC'rt and the Hearing SECOND: Com. Koenitzer VOTE: Passed' 4-0 (Com. Adame absent) To be hear~ by City Council on October 1 1 1984. 3. CITY OF CUPERTINO: PUBLIC HEARING to ccmaider an amendment to the ca (General~ Commercial) zoning district. First Hearing. Tentative City Council hearing date -October 15, 1984. After discussion, it wan decided that it would be proper to corrunence with the Hearing at this time, even though two Commissioners would be replaced. Assistant Planning Director Cowan listec the three specific activities mentioned inthhe Starr Report 9 and suggested a fourth might be selling alcoholic beverages with the retail sales of ~aso11ne, with 1ossible prohibition, based on the Commission's past v~tes on the aubjecc. Staff also wanted to get the review procesrJ :;treamlined, he said. S~mming up, Staff basically wanted to know if they WJCre on the ri~bt track, he said, and wanted to be given some direction to proceed with the first draft of the new Ordinance. It wa.s determined by Com. Blaine that the nww Ordinance would also require an existing restaurant that wanted to expand tc get a Use Permit, and that this would havt t;o be clarified in the Ordinance. Non-conforming uses and abatement were discussed. Staff advised that it was quit.e com.'llon in nei1:hborinr; c:Lti<:ns to have &batement periods for thes~ uses, and wanted some direction from the CoTJ'M111ssion to establish a su.itable Use Permit filing period and an abatt.~ment period. The time 21n was briefly discussed, and there was also some discussion en what could be done about leeal.11 :1011-·conforxnine turns. PC-449 -age 6 PLANNING COMMISS:tON MINU'l'ESj SEPTEMBER 24,, 1984 Com. Blaine agr,eed with all categories that Staff had .suggested might need a URe Permit,, and wa.nted to add businesses that operated after 11:00 p.m. Com. Koenitzer wan~ some way to regulate the number or convenience stores in the C:f.ty, but it was deturmined this was not practical. Discussion ensu•:d on the difficulty of defining convenience storea,wnether permits should be requiJJatlifor all businesses open before a~d after certain hours, and what those hours should be. The reasons convenience stores were a concern were discussed, and it was agreed that there were other factors than the hours of operation. Don Mackenzie, 11065 La Pa~oma, related the convenience atorci situation in the Bubb Road area~wnar~ the 7-11 store presented a tra.ffic problem. He noted llhatr.eEtt}ttining Ustfse Permit in such a. case could given an opportunity t.o regulate driveways, parking~ etc. There was a discussion on whether liquor stores could be classified as con\enience stores. The Cornmisl!ldion experienced dif'!'iculty with a de.tin1t1on .for convenience storesJ> and Com. Blaine reque.ated that .Staf':f' ·,PPii!l"I'· :))O~lfb!Be definition for the next Meet:1.ng. - Director of Planning and Development Sisk suggested the . Commission 1night require a Use Pero.it fo:--che sale of alcoholic beverages. The Com.'111ssion decided to add "plE!.ces whose primary goal was to uell liquor" to the list. In a discussion ori the restaurant se!?';ment, Sta.tr noted that there was already coutrol over fast food establishmentb. Even though some restaurants did not have bars, it was decided that ~11 restaurants should be required to have Use. Permits., the rationale being potential traf.fic, noise and odor problem.:'I. In discus~lon on Secti0n 2 of the Staff Report on minor amendments., Con. Cl1rndy said he would like to see more control over trash and landscape maintenance. Discussing procedure, it was I'~lt that some spplications for Use Permits could be put 01: the Consent Ca.lenoar, namely, those cor:une:rcial activit:tes in a Planned Development zone; since they would have already b0cn discussed. It was felt that 1f more discussion was warran~ed, they could be pulled off the Consent Calendar on an individual basis. .) -~ PLANNING COMMISSION MINUTES, SEPTEMBER 24# 1984 PC-4ll9 Page 7 the Item until the Meeting ot MOTION: SECOND: VOTE'.: Com. C~audy, to continue October 8, 1984. Com. Koenitzer Paased (Com. Ada.ma absent) UNFINISHED BUSINESS -NONI..; NEW BUSINESS -NONE REPOR'l' OF THE PI,ANNING D!RBCTOR Director of Planning and Development Sislr. reported that Prome-cheus Development Company had had a change of' 4-0 direction in the phasing of the Town Center site, necessitating that improvements 1.n two park1ug lots be ot a temporary nature. He advised that an app11cat1~n tor a Use Permit for the second phase would be coming ·to the Commisaio in October. Com. Claudy asked Mark Kroll, representing Prometheus Development Company, why, .:t.t the front pal•kine; lot was to be a permanenb one, the 1mp1~ovement 13 torere not to 'be put in at this time. Mr. Kroll explained that th~ grPde would eventually be diff'erent, so that any improvements put in now would be negated. He assured the Com.mission that if the development. did not go ·as planued, the parking lot would be installed as originally designed. l~ explained a temporary parking scheme and remarked on their exci.tement at the possib:il:l.ty of building approximatiely 200 apartment units; the first in Cupertino in ten years. Questioned by Com. Szabo, Mr. Kroll ~ould not say how long the par•k:tne lot would take to finalize,, because of *o~t.&'O:t:t~.r:; i"·1n~h~.t·t~.g,thouch it was important to them to get the Stevens Creek parking lot finished to set off their project. Com. Koenit~er suggested e. two year rr.axiroum C.elay and the C:ommission agreed. '11 he Commissioners were pleased rHth the existing building and the possibility of the 200 apartment units. MOTION: Gorn. Y.oen1tzer,. to ndopt n·Mbute Order· ay)prolling the deleti.on of the permanent :lmproyement in the area to the south (Exhibit A,, firat revision and permiss:l:.or. not to make the permanent irnprovel"t ments to the landscaping a~ea to the west of the bu11d1n~ for two yearn, provtding a bond, etc., to be G!Ven that the landscapin~ in the parking lot would ~e coffipletert. SECOND: Coc. Claudy VOTE: Passed (Coo. Adams ahaent) PC-449 Pa&e 8 PLANNIMG COMMISSION MINUTES, SEPTEMBER 24, 1984 Director of Plann.1.ng and Development Sisk sa.:!d goodbye to Comz:w: Blaine and Koenitzer, on beha.l.f or St&i':f, remarking that they would be greatly miaaed after thelr long benure and good service. HEPORT OF :PLANNING COMMISSION Com. Koenitzer thanked City ~tatf for their professional support over 12 years, and thanked Recording Seoretariea, past and present. He tel'!; pr:1 v1J.eged to have served,, and it was a pleaaur•e and p1•ivilege to have worked with the Commission, he said. Com. Blaine llUJ>ported Com. Koer11tzer.:JShe ·oomnH:inded C.tty StS;l.!':f',, who tar ourpassed Stnf.!' in other cities, ahe said. She 1 advised that Don Mackenzie and LauraLee Sorenson would be joining the Commission. The Meeting was adjourned at 9:50 p.m. until 7:30 p.~. on Monday, October 1, 1984 for Public Hearing regarding Application 6-U-'(3 (Revised):. -Vallco Park, J .. td. APPROVED: