PC 01-28-87... CIT'l OF a.JPERI'mo I STATE OF CALIFORNIA
· 10300 'I'orre 1.venue
CUpertino, CA. 95014
(408) 252-4505
MINUrEs OF 'IHE ADJOORNED Rm.TI.AR MEETING OF 'I1-IE PI.ANNJNG o::t1MISSION
HEID ON JANUARY 28, 1987
?1eetirq Held in t.he Temporaty City Hall conference 'RCXlU, 10430 s. DeAnza Blvd.
7:30 P.M.
ROIL CALL:
Commissioners Present: 01ainnan Mackenzie Vice ~ Sorensen carmnissioner Adams Commissioner Claudy cammissioner Szabo
Staff Present: Robert cowan, Director of Plarutlng & Davelopnent Steve Piasecld, Assistant Plannin;J Director Glenn Grigg-, Traffic EIYJinee.r
Peggy M. Cocker, Attomey
NE.W BUSINESS
ITEM 6 Discussion reqardiJ~ initiation of possible use pennit revccation hearings concm"ning the following service station sites:
Mobil Oil:
Mobil Oil:
Mobil Oil: Union 76 :
Homestead Road arxi &..rna.rdo Avenue
De Anza Boulevard an::1 Hc:uoostead Road Stevens creek Boulevard arrl East Estates Drive Ds Anza BoulevaJ:."9. an::1 Pacifica Avenue
(OJNI'INUED F.RCM 'l'HE MEE:l'ING OF JANUARY 12 I 1987)
ptaff Presentaticn: Mr. Piasecki noted that a Mobil Oil representative had successfully resolved COd.e violations at the Stevens creak Blvd.jEast
Esta~ Dr. se.rvice station which ceased its 24 hour operation arxi the
De.Anza Blvd./ ~tead FJ:i. station which has eliminated bak.e.ty trucks, the 24 hour operation arxl the snack shop. 'D1ere is no pen:i.in;r action against either service station.
Action has been taken to resolve violations at the Homestead R.i./Be.rnru.:do Ave. station; ho.vever, larrlscaping, :::-estripin:J of park.in; lot and relOClVal of parked cars on the lot has not been completed. Since Mobil Oil ha.~ ·a representative t-.'Orkin:J on this matter, Staff suggested a six week. delay on any fu~the.r action on the· ravooation. A Staff Report will be presented at the March 9, 1987, PlanrJ.n:J Commission Hear.i.rB.
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PI.ANNING o::.M-USSION MINt1rES Adjoumed Regular Mootin:;J of January 28, 1987
PAGE - 2 -};(: -512
I'l'EM 6 (Cont'd)
Com. Sorensen canuoonted that the Manager of the service station at Hane.stead and. Bernardo had been most cocperative with CUpertioo Junior
~gh School,limitirq the number of students c:an.:!.rr:J to the station. can. Szabo noted the history of violations of this statem?.nt ar:rl asked that
consideration be given to placirq this item on the agenda for the February
23rd Meetin:;J. Ms. ;San:Jra 'fubbs, Mcbil Oil Representative, stated that the manager was working to br~ the station into confonnity with perm.its.
Com. Adams was favorable to the removal of se?:Vice stations at JJe..1\nza Blvd.jHanestead Rd., arxi st.evens creek Blvd.fE. Estates 0r.· from revocation hearin;Js. He concurred with cam. Szabo that a two week extension for the Horoostead Rd./Eernardo Ave. S&Vice station was sufficient: in any case, extension was not to exce.ed 30 days. Consensus
reached by the camnission t.hat a b.\::l week eAtension was sufficient.
DeAnza Blvd./Pacifica Union 76 station: violations at this se.."Vice station. Mr. Piasecki reviewed. Code
Ms. COcker stated that the revocation hearirqs were quasi"":'juilcial hearin:;Js; she cautioned participants not to make any pre-p.lblic stateroo.nts
regard.in:J their position. She stated that test.i.m.my or evidenoo should not be taken at this time; testiloony 'WOU.ld be taken at the revocation hearin:;J. '!his hearirq was for the Catnnission to decide whether staff had
presented sufficient information am evidence to initiate a revocation hearirq. She fUrthe.r advised the Ccuan.ission of their legal obligations.
M:r. Green, Manager for Real Estate for Union Oil, stated that thi.'3 lnatter
was brought to his attention in the first week of January. He offered an apology an:i roted that Union 76 usu.ally r':'solves such situations rather
quickly. He stated that in this case there was a mis-..n::lerstand reqa.rdin;
the content of the letter arxi whether or not t.he City was serious. He has
talked to the manager arxi has contracted with Robert H. lee run Associates to ccmplete a park.irq sch.enva; these drawings are incarnplete in that they fail to take into account the dedication of the street corTieI.·. 'lhus,
plans are bein:] revised arxi Mr. Green hoped to have completed drawin:]s available the first week of February.
He noted the auto mechanic was known for his work, good service an:.i fair prices; apparently a number of in::lividuals drop the.i.r cars off for repair work. He suggE>..sted that it was a matter of scheduling the "".Ork of the mechanic in order to reduce the nl.ll.fil:x:>..r of cacs parked at this station.
PIANNrnG o::MfISStOO MINUl'ES
Adjoumed Regular Meet.in; of January 28 1 1987
PAGE -J -
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ITEM 6 (Cont d)
With ~a.rd to trash, this pt'ti:>lem will be taken Qat'e of: consideration
has l.lCf'.n given t..J add on to the OOildirq providin;J for additional. storage.
Mr. Graen ooted that caripany officials were aware of the situation and
necessacy steps to oonect the situation \lr\'.JU.ld be taken; he asked for a deferral of the revc:cation hearirq. By Febt'\lal:j' 23:c:d, the clean up will have been ccmplet.Ed ani the station ready for an inspection one weP..k pric.t" to the Plannin;J canmission hearing. He res-poncle:l to questions addressed
by the camuission, stating that a sign contractor had been inst.:ructed. to :.r:ewve excess signs.
Cllr. Mackenzfo reviewed actions necessary to caiiply with Codes an:i advised
the Appl.icant of possible actions. 'Ihe ai:plicant cammented on tl-ie par.kin:J problems at tha station and stat&l that this was the reason the telephone
booth was removed; currently he is having problems w:!.th patrons of a fast
food restaurant parking on his lot. c.onse.nsus reached that staff will
prepal:Q a rei,:::oit for review by the camnission on February 9, 1987.
Ms. CoC'.kar asked that the Planni.n:] Conunission adjoorn to Executive Session persuant to Government cede 54956.9 (a),, pen:lirq litigation. 'Ihe Cha.innan adjourned the Meetin:] tolExecutive Session at 8:10 P.M.
'lbe ~ting was called back to order at 8:25 P.M.
ITEM 7 Application 31-U-86 -Westfield company -Truck I.Dadirq/Ped Ao:ess
Mr. Cc:f#an stat.Ed that one of the major cortce.rnS of Staff was safe passage of Wividuals into the shoppirq center. 'Ihe Director of Public Works has
been working with the Applicants to develop +-..hese circulation pattems; a series of exhibits were presented for the infonlk.i.tion of the c:ommission.
Mr. Terry Ferre.ra, Project Architect, WE>.stfield, presented the traffic circulation pattel.ilS, areas of tuntlnq radius for truC'..ks, placement of
loadi.n:;J docks,an::i describOO. the trash pick up schedule. In re...c:;pon.se to
Corn. Adams' question, he confirmed that truck traffic would be controlled
through pavement marld..N;r.3 and signage diroctirq drivers hCM to exit. In
response to can. sor.-ensen's questio.11, he confinm that the 10 ft. height of the tunnel 'WOUld ac:cc::mirOOdate a van for the h.arrlica.pped.
Com. Adams asked the _?ipplicants to review the safety precautions in case of fire in the parkir:q structure; he noted the problem in an adjacent city
where the struci:u.'1'.'.'e.S were too low to accamirodate fire equiproont. Staff confinood that fire enJines couJ.d not enter the parking structure at Vall.co an::i reviewed. fire district requ.ire:roonts. Com. Adams ask£:d for a...C\S\lrance that sufficient fire figh1:i.n; equipnent/supplies would be stored; Mr. ~ renewal the Unifonn Fire o:x:1e re;JUlations.
PUNNING a::MMISSION MINUI'ES
.Adjc:.oni.e1 ~a.r Mt;eting of J~ 28, 1967
PAGE -4 -'
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IT.EM 7 (Cont'd)
Ir. response to questions fran the camnission, the phasing plan, build.i.n:J, parkin;J stl.'UCture and tunnel were reviewed alon:;J with the construction schedule. Mr. Ferrera assured the Canmission that the required anntnt of
parki.n;J ~d be maintained durirq the construction pericd. can. Szabo noted the psychological barrier of parking across Wolfe ru.; the speaker stated that this was the reason for the canpact construction schedule. Construct.ion was set for the slowest period of sales for the sake of · mercl1ants; it was noted that scmetimes sales were bette.r durirq a period of oonstruction since people are interested in what i.s going on.
MJI'ION: can. M.anG to i."eCOlll.lilend awroval of a Minute order concernir.q
revJ .sed. truck dock access, pedestrian cixcul.ation an:l construction i:nasin:.J for Vallco Fashion Park as approvect urder Use Pc.rmit 31-U-86, subject to the findir.qs of this Hearin;J and can:iltions 1-8 of the Model Resolution.
S:Emru: can. Cla\rly
VOTE: Passed 5-0
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Application No(s): Applicant:
Prq:ierty owner: LJ:x:ation:
15-U-86 (Revi.se::l.~--------
~.Anza_~...rt==i=es="'-----------Forge-Vidovich Motel Li.mi tad Pal..1::nershi.p
Northwest corner of Hwy.280 and ~za Blvct.
st.aft Presentation: Mr. Piasecki explained that the Applicants were seekin;J an interpretation of a prior Use Pennit corill.tion lild:lich limited
food and cocktail service t.J guests and euployees of the Hotel. 'lhis Corrlition was imposed because the lourqe/dininq area was not counte:i in
the facility's :required parking. Other Con:litians of t.he Use Pe.nnit b-pecified a heari.n:j proa:rlure to address future parkin;J problems on the site.
'Ihe Ccmmissian wq.s bein;r asked· to interpret the intent oft.he o:mdition limitjrq food/beVerage service, as encaupassin3' a restriction against advertising such services to the street. 'Ihe AJ:::plicant. must d.em:mstrat.e
that t.."le liquor sei:vioe area was open to the general :i;:oblic in order to
obtain a state liquor license. staff concurred with the p:roposOO interpretation limit.in:'.J direct outdoor advertisement of food/liquor sexvice as fUlfillin;J the intent of the original Use Permit. He refE::!J:'rOO. to a similar oon:lition recently inposed by the C.arnmission upon the Marriott Courtyard Hotel Use Penn.it in Vallco Park.
Mr. Jdm Vidovich, Project Designer concurred with the Staff's assesf'llle!lt of the issue an:\ ir.d.icated acceptaoce of the Firdir.gs in the Merl.el Resolution.
PI.ANNING c:x::MMISSICN MINUr.ES
Mjcumed Regular Meeting of January 28, 1987
PAGE - 5 -l?C -512
ITEM 8 (Cont'd)
MOI'ION: Can. Szcl:o to awrove a Minute Order interp~ting Use Permit
15-U-85 that restrk.tfon of direct outdoor advertisin;J of food,lbeverage sei:vica fulfills the intent of limiting sUc:h services to guests a.00 enployees of the facility.
SE<X>ND: can. sorensen
VOI'E: Passed 5-0
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§taff Prese.ntation; Mr. CQl/all reported on COIWersations with Jq:ple
Cc:lTplter regard.in:J additional use of the Wildin;J for iooetin;:Js; notice
would need to be given in advance for use of the ~tirq :roctn. In conversations with the City Clerk, the c::xm::ern had l:ieen expressecl regarding the char¥;,le of lcx::ation arrl proper noticirq of Public Maetirgs.
Ms •. Cocker state.l that a chan:]e of location a.rd short notice should be avoided.
cam. Claudy ~ted t.~ adoption of a new workln;J policy statirq that Public Hearin;s would continua until midnight; any hearing in p~ at
that. time woo.ld autanatically be continued to an adjourned r.\eeting at the
tenq;:ionu:y City Hall Conference P.ocm. can. Szabo suggested that Plan.nin.;J Commission Hearirqs start at 7:00 P.M; consensus :reached that starting at'
7:00 P.M. was acceptable to the canmission. Cc.tr.. Szabo further suggested that items of interest to the ~eneral :p.iblic be heard first; less controversial items heard later or continued at an adjourned. meeting.
Qir, Mackenzie noted the problem Of distinguish.in::J r.ietween items on the agenda of a E\lblic Hearirq. Ms. O::lcicer note:l cases of special consideration, which might be continued as suggested. by Com. Szabo; however, this should be an unusual circumstance. o.:in. Szabo noted complaints received fran applicants regarding the time to oomplete the application precess.
cam. Claudy ~gested a statement which irrlicated the workirq proce:lurc of
the Plannin; Ccmni.ssion durin:] the construction of the ne<N City Hall which
noted the correct address of the regularly schErluJ.00. meeting<..> at Apple
Computer an::l at the temporary City Hall confe.nm=e roan~ Ms. COCker concurred that SUC'.h a procedure ~d be acceptable. can. Szabo suggested
that the above suggestion be included with the Public Notici.n;:; of all
Hearin;Js.
REroRl' OF '!HE PI.ANNrnG o:MMIS3ION
-cam. Szabo reporte:l on the Mayor's luncheon.
Pil\NNlNG o:l1M.LSSIOO MINUl'ES Adjoumed RfgUJ.ar Meet.in:] Of January 28 1 1987
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REPORl' OF 'lHE PI.ANNING cx::l1MISSION i cont'd)
-Can. Adams spoka regatdin.J c.cmiltians of Approval. ililposed on projects within the DeAnza Blvd. oorriacr which give. the City authority to i:npose traffic reduction controls, such as flexible ha.U"'S of opei"ation. He asked if a summary of sites which had such a Cordition of~ was possible? He asked that similar O::irlditions of Approval ba ililposed on. new building sites alorq wajor streets; Mr. CcMan noted. that al.Joost every building application along Stevens Creek Blvd. an:i DeAnza Blvd.
already had such a COrdition.
-Chr. Mackenzie opened naninations for PlannirY:J Commission represe.ntat.:.ve to the Envirornnental Review Ccmlllittee
IDi'ION: com. Claudy raninatad Ccm. Soren..c;en for Environmental Impact Review canmittee
SEOJND: com. Szabo
MJI'ION: com. c.laudy moved that ncminations be clc:GE?d.
SECOND: can. Szabo
VC11'E:
REF0Rr OF 'l'HE PI.ANNING DIREC'IOR -Written Report subnitted
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ADJCX.JRNMEllI': Having concluded ·its business, ·the Planning o:anmission
adjourned at 10:30 P.M. to the next Regular Mooting of February 9, 1987 at 7:30 P.M.
ApprcNed by the Plannirq COmmission
At the Regul1 Meeting of February
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23 I 1987: