PC 02-09-87' CITY OF a.JPERrrn0, STATE OF CALIFORNIA 10300 Torre Avenue CUpertino, CA. 95014
~ (408) 252-4505
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MrnUl'ES OF 'l'HE :REaJl.AR MEETmG OF THE PIANNlNG cct1MISSION HEID 00' FEBRUARY 9, 1987 Meeting Held in the Interim Council Olmnbers, 10500 N. De Anza Blvd.
SAll1l'E 'IO 'IHE FLJ\G;
~.'~oners Present.: Cnainnan Mackenzie
V~ce Cllairwcrnan Goren.sen canmissioner AdanlS O::mnissioner Claudy canm.issioner Szabo
7:30 P.M.
Staff Present: Robe.rt Cc:Wcm, Director of Plannin:;J & Da:velcpnent Steve Piasecid, Assistant Plann:ln;J Direct.or Glenn Grigg, 'Traffic Engineer Charles Kilian, City Attorney
APPROVAL OF MINtJI'ES
Chr. Mllckcnzie requE>.sted the follCMi~ c.han:Je: On Page 10, sentenc:e to ·
read, "Cam. Adams absent from the remainder of the Public Meeting. 11
M:>TION: Com. Claudy, to approve the Minutes CJf the Regular M.eetirg of January 26, J.987, as amerrled.
SE<X>ND: Com. Szabo
VOI'E: Passed, Com. Adams abstai.n.in;r 4-0-1
K>STroNEl1ENTS OR NEW AGENDA. ITEMS:
-Mr. Cowan noted that Item 3, Applications l-U-87 arrl l-EA-87 would be
rostpon_--:i to the Meeti.rB Of March 9, 1987 I at the request Of the Applic.ant.
MJI'ION: Com. Szabo noved to rx>Stpone Application l-U-87 to the Meet.inj of
Marr...h 9 t 1987 • SECOND: Can. Szabo VOTE: Passed, 5-0
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PIANNmG CXlf.IISSICN MllID'I'ES
Regular Meetirq of February 9, 1987
PAGE 2
R:: -512
WRITl'EN a::MMUNICATIONS
Cllr. Mackenzie acknowledged the followinJ written ccmnunications:
-Ms. ~ M. COCker, Deµ.ity City Attorney, dated Janua.ty 30, 1987
".t:··.'
-Ms. Noreen Mercer, 10446 Vista Dr., cupertino, in regard to AJ;:plication
18-U-85 (Amen:ied) and 35-FA-8.5
-Mr. an:!. Mrs. lt:Donald, 1305 s. Stelling' R.:l. I OJpertino, 1q;:peal Of At;plication 20-'IM-86. -Richard H. arrl Martha Jdlnson, 10285 Colby Ave. , CUpertino, . note cf
approval. of .AWlication 20-'IM-86.
-Ms. Mary c. He.rmsrreyer, 10450 N. Portal, ~' regard.in; At;plication 20-'IM-86. -CQnnmtlssianers Szabo arrl Sorensen, letter regard.irq Af.plic..::ation
20-'IM-86.
Can. Claudy noted tor . the reccrd that the article. regardin::1· Applkation 20-"IM-86 in the CUpPrtino a.irrier cx:mt:ained incxlrrect infonnation; he roted that he voted to allow 150 children at the Center if the traffic impact was not greater than originally designated for this site. In response to fUrther canments, Mr. Kilian advised the canmi.ssion of·the
requi..remants of the Brown Act.
ORAL a::t1M!'JNICATIONS
-None
RJBLIC HEARmGS:
ITEM 1
Application No(s)
Applicant:
Property ewner: Location:
Parcel Area (Acres) :
REZONrnG (8-Z-86)
37-U-86, 8-Z-~2-'IM-86 and 38-FA-86 Dar-En Shu
Gin-I.u arrl Chin-Hoi~-:Shwe==------·--East side of B~Avenue, approximately 250
ft. l.)Orth cf Beekman P~l=a=ce=----------0. 28
Fram Al-43 (Agricultural-Resic..".ential 43, 000 sq. ft. mini:rnum lot size)
to RlC (Residential, Si_nJle-family Cluster) intent.
US£ ~ (37-U-SS)
'I'o construct a 3-unit condominium project utilizing 1 exi.st~ unit
an::l 2 new units. ('Ihe use permit application is technically not
require:i arrl will be rem:ived. from calen:lar)
'PLANNmG CCMUSSION MlNl1I'E.S Regular ~ting of February 9, 1987
PAGE 3
FC -512
ITEM l (Cont'd)
TillI'ATIVE MAP ( 19-'IM-86) To sub:livide J. paroe1 into 4 parcels with lot sizes ~in} fran 950 sq. ft. to 8,500 sq. ft.
FIRST HF.ARING roNTINUED ElNIRONMENTAL DEI'ElM.rnATION: Negative Declaration
T.ENI'ATIVE CJ!rY o:uNCII.1 HEARING Dl\.TE: Fe.bruary 17, 1987
(cx:Nl'INUED FKM '!HE MEETING OF JANUARY 12, 1987)
Staff Presenmion: Mr. Cowan presented a site plan and reviewed the Staff Report, emergency vehicle access, privacy inpact; he noted Staff ooncems rega.rding the proposed. 14 ft. width of the driveway a.rd the
nar.ro,.rin} of the driveway approach.
Applicant's Presenta.tion: Mr. Dal:._;En-Shu, Archi:tect arrl awlicant, reviewed the proposal and addressed. the three major conoems of the
Planning Staff: -Privacy impact: rear wirrlONS rave been carefully locatOO to reduce privacy invasion.
-Emergency vehicle access: the Fire District has been ooru:.'11 ted. and the Applicants have been assured that exrergimcy vehicle.a do not need to access the rear of the property since it was within 150 ft. of the street. '!he required 18 ft. width acx:::ess way can be accampli..shed by
cur""...ailing the larxiscaperl area; the Applicant did not view this as a
good solution. -Project design: Staff has re.quested that new construction match th0 materials of existing projects in the area. He noted the difficulty in ma:tching theses designs which are unique; rerocwal of the stucx::o was nOt
practical. He noted ~t ASAC had approved this Application. . ' .
In resi;x:inse tr.) a question by cam. Adams, Mr. Ccrwan reviewed Planned Devel0f.f0011t Zoning, intenied for mixed use (ccmnarc:i.al/residential) developoont; it is n"Ore appropriate to use the RlC Zooo in "this case.
With the ~e from PD to RlC, a use Pennit is not requirOO.. In response
to Orr. Mackenzie's question, he c.onfinnetl that the Planning C'.ammission
had design review authority for the Application.
'Ihe Public Hearing was then opened. 'lhere were no speakers.
IDI'ION: SECOND: VOTE:
com. Claudy moved to close the Public Hearing
cam. Adams Passed. 5-0
Com. Claudy stated that he would not vote in favor of th..i.s Application;
vhlle the proposed Use was r ··oper, the addition of two houses to the rear of an eY.isting building wa:i unacceptable. He noted that the o.:mnission
would probably not approve such a design and suggested that the existing house be left intact., building another unattached house. to the rear.
PI.ANNn1G a::t1MISS10N m:NC.1I'ES Regular Meeting of February 9, 1987
PAGE 4 PC -512
ITEM l (Cont'd)
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cam. Adams stated tj'lat he was in fa:vor of the AJ;plication. · He con:::urred ·that the design as p-resented would probably ncit be a~ as such;
~er, the Application retains an ex1sting dwalling while m:xlifying the
rear area to ao::x:mncx.iate two ad::litional units. 'Ibis is ml area of multiple ur ... ~.t."' that would accairanodates addition of one or twO units. ·
ca:n. Sorensen was also favorable to this A.Wlication, noting that the lot
in question o:lllld accanmodate three buildings and was surram:ied on all sides by apart::roonts arx:l condanin.iums. Concerns of the S'"...:i.ff OOll.ld be reviewed by ASAC. can. Szabo noted consideration of a:m. Claudy's ocmoonts; however, erecting three separate units wcW.d increase. costs and therefore, ~ housing costs in CUpertino. 01r. MacJmnzie concurred with the above c.cmments.
IDl'ION: Can. Szabo noved to withdraw Application 37-U-86 ft"Oill calendar.
SECDND: can. Sorensen
V01'E: Passed 5-0
M:JI'ION: Com. Szabo m::ived the grantin;J of a Ne:-Jative Declaration
SECOND: can. Sorensen
VOl'E: Passed 5-0
M:1l'ION: can. Szabo moved to :i:ecamnerrl approval of ~lication a-Z-86 in aocordance with the fin:lims arx:l subconc.lusions of the PUblic Hearing and the model resolution accampanyin:J the staff report.
SEO)N!): Com. Sorensen
VOI'E: Passed, Ccnn. Claudy o:i;:posed 4-1
MJI'ION: cam. Szabo rroved to recamme .. 'Xi approval of .Application 19-'IM-86 in aocordance with the f.in::lin:fs and subconclusions of the Public
Hearing and the model resolution acc:ampal1'Jin:J the staff rePJrt.
SECOND: Com. Sorensen
VOI'E: Passed, can. Claudy opposed 4-1
l"I'El'! 2
Application No(s) Applicnnt:
Property CMner: Location:
Parcel Area(/>~):
EXCEPI'ION (3-EXC-86)
3-EXC-86
Stephen and S\!S~an=--~A~ndrews=-~--------sa.rie 22338 Regnart Road 2.85 net
From Section 16.28.040.1 of Ordinance No. 686 to allow a 6 ft. high fence within the front setback area.
FIRST HEARING CDNTINUED
ENVIROM1ENTAL DETEHMINATION: categorically Exempt
***FIANN.ING o::M1ISSION ACTION F.illAL UNLESS APPEAIBD*** (CONI'INUED !ciu1 'IHE MEl:."'l'ING OF JANUARY 12, J.987)
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PI.Arar.!NG o:MMISSION MINUIB..S
~ar Meeting of Februai.-y 9, 1987
PAGE 5 :EC.-512
ITEM 2 (Cont'd)
~r...J:~-fil1:tation;. Mr. PL'.lsec.ld presented a site map and camparocl the Extill:.it 1. origina:Lly presented by the Applicant and revised Exhibit~ A.
'Ihe Applk..nnt \JaS asked to consider design di.arr,:res to rrd.nimize the d.egt9a of the exception being saight, a.rd :rocxlify the material to l".e used for fen::dJYJ so that a rore open a~ is presatved; the Applica.'1.t has
agreed to both requests.
In consultation with the City Traffic Erx:rineer, Staff felt that an 18 ft. setback would be :more appropriate to remove ca"t'S fran the public rigt.it o£ way for safety rea.sorus. In ~tiori, staf1' felt that the hill itse..."lf created the circumr;;ta:r1CeS which wan.cmt OC11T.e dcqree of exception. In response to questions of camnissfoners, Mr. Piasecki rav.i.ewed fencing requirements,
'Ihe ~licant was not present.
'lbe Public He?"~ring was th2n opened.. There 'W'ei.-e no spea.K.en;.
M:1.I'ION: SECDND: VOI'E:
Corn. Szabo IIOVed to close the Public HearirrJ cam. Sorensen
Passe::l 5-0
Cam. C1audy qt:.testioned the ~est for plaoe:ment of a fence with.in 20 ft. of the road or> an 2.8 acre site; however, oo wa.s favorablA to the pI"OpOS€d fence. Commissioners Soren"*?n and Adams were favorable to the Application. au:. Mackmlzie noted that the issue was not encroachment of
the setback but rather that aesthetically the fence would be better placed away from the top of a bill.
IDI'ION: C'.om. Sorensen moved approval of Application 3-EXC·-86 subject t6 the findings a."'Xi sul:x::Y.Jndusicns of this Hearin;J and the Staff Report, Corrlitiol'1 1 m::rlifioo to state "exhibit A-2rrl Revision"
ani add.. ""¥J that the "gate sh~ll be 18 ft. from the setback."
SECOND: Com. Szabo
VOI'E: Passed 5-0
ITEM 4
ApplicatiCJ!1 No(s) Applicant: Property owner: Location:
USE PERMIT (2··U-87)
2-U-87 ----·---·
Redeerr.er illthe.ran Ch~---·-------· Same
SOll_thi:~ast_~'QID§:!: Of StA::!ll~oaO. ctrg Jvllyr~--lane. __________________________ _
J, • 5 Ng:t_L 1. 8 G.+os.B
To construct a 2,000 sq. ft. mu.iti··use buildinc; ard add 100 sq. ft. to
an exJ.stirig fellow:ship hall/offke building.
FIRST HEARING
ENV1RONMENTAL DETERMINATION: Previausl::,• Assessed
***PLANNING OJM}IT.SSION ACTION FINAL TJNIESS APl?EAIED***
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PI.ANNING O:MHISSION MINUrES Re:"JU].ar Meeting of February 9, 1987
PAGE 6
PC -512
ITEM 4 (Cont'd)
Stq:r.f Pr2Sentatic n; Mr. CcMan rr.'Vi~ the Application an:l stated that
due to chan:Jes in the proposed structure, a revised. Use l::>el.mt was
warrantg:i.
bmJ..:i.QWit's ~'tati®.t Mr. Eugene Eitzen, Representing the Applicant, concurred with Staff recornmerrlatfons.
'Ihe Public Hearing was then. opened. ~u:a were no speakers.
MJI'ION: c.am. Claudy rOCJVed to close the .Public Hearin;
SECnID: ecm. Sorensen
'VOTE: Passa:l 5-0
MJTI<l-r~ Can. Sorensen rocwe:l approval of Application 2-U-87 subject to the
Findings and subconclusions of this Hea.t:ing and tha Sta:ff Repoi.t, Con:iltioru3 of Approval as st:ated.
SECOND: Can. Adams
vor.r~: Passed 5-0
ITD1 5
Application No(s) Applicant:
PropP..rty Owner: Location:
Parcel Area (Acres) :
USE PERMrr (39-U-86)
~9·~U-86
Amen:iment to an ex:i.sting t~se perm.it (Application No. 2-U-86) to
c'Omrert 4 1 400 ~..q. ft. of office space to .retail space.
FIRST HEARING
ENVIFDNMENTAL DETERMINATION: Pn ... viously Assesse<l
'l'F'N'rA.TIVE CITY CXX.JNCIL HEARING DA'.l"'E: F'ebrua:cy 17, 1987
Staff Pre.sentation ! Mr. Piasecki reviewed tl1e Application am. presented a site plan. As not...."<i in the staff .Report, the General Plan ie.mphasizes
Office Use east of D?..\."'!za Blvd; hc:MeVcr, cammercia1 use was fouoo to be consistent due to location and m.i.xed use on site. Traff.i,c generation estimates for the proposed use are less than office uc.;;e; howel/er, there wHl be a one space parking deficit. 'The Applicants also request a change
from the tinted glass pn.viously apprrJVed to clear glass. Staff reccm1rerrls approval of this Appl ic.atfon.
fil'.mlicant 's ]:'rese .. qtat..i.9..D ... i Mr. John Vidovich, l1PJ?li.i:ant, noted that the
propose::l use by ·a furniture store wou.ld be 1es.s :inten..c;i:~ m1d would generate less traffic and parking d(:.mand. He concurred with the Staff RBport and asJced that a retail use be alla..'ed, corditioned upon conformity with traffic constraints and trip counts. '
PLANNING CXfft!SSION IDNlr.IB.S
Regular Meeting of February 9, 1987
PAGE 7
Fe -512
IT.EM 5 (Cont'd)
He a.'3ked that any retail use which did not generate greater traffic or parking requirements ba a.Ucwect. Secorrlly, the request to change the glass u..'Wd t.UJ.ld make it cx.rnpatible with the CCilllll'P...rcial building ard would display the merchandise.
In response to cam. Adams' question, .Mr. V.idovich stated tha:c the prospect! ve tenants preferred a sinqla, free.standin::J builfiln1 rath.el::· than
the CClll!OOrCial space Of the develq:ment. Coffi, Ad.ams 61..JtJ;ested the addition of a Condition of Approval stating that should the fl.u:n:llure store nr;ve out, the site would revert back to office use; ha not.ad that
the cammission had already change::l the o:.:iginal applir..ation. Mr. Piasecld confirmed that Cordi..tion II, Uee r.J.Iuit.ation, determ.ined Uoo at the site; furniture retail use was the only docurr.ented lov; generating retail acti vi fy. 'l1Je Applioant asr..ad that the Con:li tion be made ro:ra general so as to not p:rohibit another retail use in the future as long as it was also a lcw generator '.:'f tl."affic and parkL~ requ.in:,.""'11el1ts. ·
'Ihe Public Hearing W-dS the.n q;x,.:..-.o. ~we.re no Sf·eakers.
ID.I'ION: Com. &:1!7·ti'1ser1 m:ived to cJ.~.;e the Public Hearir>g
SF.COND: can., 3~ . .:.,,y.)
VOI'E: Passed. 5-0
Com. Adams as'<ed tli.at a eol'rlition of Approval be added, in addition to Condition lJ.. <:hr. Maclc;inzie noted the Gene.r<tl Plan for this area, and stated that there was ah:t.<ady a :mcxiification al'.1.r.v~ retail use. 'Ihere ·
are no other dooll!'e.nted :r.'18tai1 uses of the same low intensity. ~~ sugge.st.00 that O'Jndition !l ~s written waa suf~.icie.nt to require further Use Permit applicatior-. if the furniture store us~ was d:l.sc:or1tir't'~ad and another :ret:til US.;! was requested.
Corn. Adams note:i thcJ.t only the western ?Jrt.i.on of the two story bu.U.ditB was bai.rg oo..1e1idi~ for tlu.s Application; Mr. Piasecki suggested that the Colr.;:tlssion 11'.ike. it.s intent known ar'X:1 include this referi-.:moe in the Condition. Cx:ir.1. Sorensen concurred that the .inamtion of the a.:itro:nissi~1
naed.ed to be made clear. can. sz"b<J stated t.21at he was unconcei::nrd
regarding the location of the. retail usei as long as traffic counts~ arrl
park.irq req1.l.irei;1e.nta \\'ere not e.xceed'Y':. eom. Adams r.estat.00 that he did not wi.sh to sr:.:e \:his portion of thl~ sie& revc->..rt t() general cx:munercial use, with a high trd.ffic irrpact, sho>lld ti,£~ fur.n:!.tun>; .;tore m:Ne out.
com. Claudy did not foel that t.l-ie fum1ti:.r ~ str-1:-e had to located in t...b.e specific space in question; he wished (:,_-; v·i1r...w the site as a whole. He
noted the attractivem.'!Ss of. a comn.ercial store front as opposed to an office opaque wirrlCM. Chr. MackP..nz.ie roted that his main cone.em was the ingress/ egress of the m·i veway and the. r-otf'.ntial for congestion at this site.
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PI.ANNING COMMISSION MlNtJI'ES
Regular Me-etir.g of February 9, 1987
PAGE 8
Fe -512
ITEM 5 (Cont'd)
M:Jl.'ION: com. Adams :rroved to recorrnoond approval of Application 39~U-86, si..lbject to the Fird.i.'-qa an:l subconcluaions of this f!earit'X] an:i
the Staff Report; c:mdition l; Condition 2 to ID:tica:te t:hat the conversion of 4,380 sq.ft. of office space to a retail f\u:niture store use was in the two Rtory building at the \>le3t errl of the site; si:10uld the re.tail :f\m11,b.wa st.ere uae cease, t:hJ..s sp:ioe will revert bacl<: to office use.
,SEC.OND: ca::n. &.>rP..nsen
VO'l""'E:
lTD1 6
Application No(s) Applicant:
Property owner: Location:
Pa..""Cel Area(Acres):
USE PERMJ:T (4-U-87)
To ope.rate an existing gas station 24-hou:cs a day.
FIRST HEAR.LNG
ENVIRONMENTAL DEl'ERMIW>.TION: categorically Exempt
TENTATIVE CITY OJUNCIL HEl\RilTG DA.'.r"B: Feb:t.1.«.ny 17, 1987
5-D
~~ff Pres@~l'll Mr. PiasGCJd reviewed the history of th.is Application and noted that the previously recommended Usa Penrit Application was
withdrawn before final City Ccl.lncil action. He noted the E>dllbits approved by Staff and the Plann~ carrmission and stated that St..af f recamnY-'...ndoo approval of this AppEcation.
~t 'J? Presentation: Mr. Iarry Izzo stated that the Cordltions of Approval ru.--e under considf>.ration by Mobil managezoont.
Ms. San:t..--a Tubbs, 'furritory M<lrketirq Manager: Mobil corp., addressed questions regarding illegal signage; Staff responded to questions and
offered to work with the Appl.le.ant to resolve this is.sue.
In resp:mse to cam. 'sorensen's question, M.,q, Tubbs stated that the sign in question had alread:i boon renKJVed. In re...sponse to Orr. Mackenzie, Mr. Piasecki stated that the security measures of visibility of the att.erdant
a.00 the use of a cash drawer be included. Ms. 'I\lbbs stated that a requireme..nt of a casl'l drawer for operation of the st.at.ion after 8 P.M. was not anticipatt:..rl at this ti.me; ho.vevar, if already requ.ired, the cawpany would comply.
'Ihe Public Hearing was t11en opened. There were no speal<E>..rs.
' PU\NNING CXM1ISSION MINTJI'ES Regular Meetirq of Februai:y 9, 15187
PAGE 9
PC -512
ITEM 6 (Cont'd)
IDITON: eom. J,d..'lms m:wed to close the Public Hearing
SEC.DND: Com. Szabo
VOIB: Passed
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5-0
.Mr. Piasecki suggested the addition of a Coooition 7, Security, tc n"...ad,
11'Ihe Applicant shall implement a pre-pay system for gasoline put'Chases
~ after 8 P.?1. 'Ihe sales area s.l°'.all be visible for sec.."Urity purposes."
1'm'ION: Com. Szabo moved to recar.;;.arrl awraval of Application 4-U-87 per Staff Feport, Con.1.ition.'3 1-6; addition of Con:titian 7, to read,
"'Iha Ar,plicant shall implement a pre-pay Sj"'StelU for gasoline pu:r:cha.ae.s m-'lde after 8 P.M. '!.'he sales &.rea shall be visible for security pw:poses. It
SECOND: Cau. Sorensen
\Ul'E: Passed 5-0
rr:m 1
l..pplication No(s) .Applicant Propetty CMne:c: I.ocation:
Parcel Arei.l ( l..cres) :
REZONING (l-Z-87)
1_-Z-82,. 2-'IM··87 ,_am_3-~~7 ______ ,
18bco.t: Co:i:pcrat_.i,Qn_
Esta,te of CO!J!1i~_HC/t'.!! ___________ -----
North sicl.e of McClellarLR~'lc:"l, a~:r.oximately !;iOO
_{~ of crarge Avenue
5. 0 Net, 5. 2 Gt"""'J€JS
from A (Agri<...'Ulture) to RJ.-7.5 {Single-fomily, P.esidential, 7 ,500 £;q. ft. minimum lot size intent) or whatever zone may be deerred appropriate by the. Planning Corm:nJssion.
TENTA'l'IVE Ml..P (2-'IM-·87)
To subdivide l pc"1.roel into 22 parcels with lot s~.zes ranJin.J frcw
7,500 sq. ft. to 8,800 sq. ft.
Fl'.ru:>"'T HEARING
ENVIRONMENT.AL DEI'ERMINATICN: Negative Declaration
TENTl1.TIVE CITY OAJNCIL HEARING DA'IE: .'t-'i.arc.h 2, 1987
;3taft'. Pr~entat:j.on ~ Mr. Cowan presented a sitei ll\:tp and noted the tenn.l.nation of D:llpP...rial Ave; he pre..sented a trafffo circulation plan which was consistent with tl1e General Plan and connected Imperial Ave. to the·
surroun:ling st:::eet system. ae noted the Corrlition requiring the Applicant to install a barrier.
'l'he rell'IClining is.sue was road width arrl :i:igh.t-of-wdy; Staff recorrrmen:l.ations for rigb.t-of-way were noted. He stated that the Appl.icant hr:i.d difficulty
maintainj.ng a yield of 22 lots depen:iing on the road width. Staff recornmen:led a 56 ft. width street; the plan developed. wit...11 the Applicant maintained a 56 ft. width wiU; the exet>;_:-::.'!,,·1n of narrowing the street at
the entrn ice l-"Oints. Staff :recamme...rded tliat tLt? zonin-j' be change.ct from Rl-7.5 to kl-7.2.
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PIANITT.NG a:M1ISSION MINUl'fS Ragular MeetirxJ of February 9, 1987
PAGE 10
f\: -512
ITEM 7 (Cont'd)
~..gfil_'.§ __ ~tat:J.Qlli Mr. Richard Childress, Applicant, t-evierd!Gd the
history of the .Application. He stated that he would accept the Rl-7.2;
the final resu1 t would still be 2 2 hou.se.'3; he was not favorable to
ge.rryman::l.ering lot lines. 'Ib.e Applicant wished to retain a r.ri.n.i.lm.:im of 60 ft. wide lots; he was not opposed to redesignirq the lots to make the
street width 56 ft. wide u.ndru.· the Rl-7 .2 zoning.
other issues of concern:
-O::>ndition 12: he asked that this condition be in effect until 0'.:411pletion of the project; upon cornpletion of consttuction b:rrrie.rs 'WO.lld ba
rel'OC)Ved arrl the County WCll.lld be asked make any further decisions on
barricades. -Corrlition 13: since the proposed plan required the connection of Alcazar Ave. and Imperial Ave. the Applicant would accept this Con:iition. 'the
request from the PLJblic Works Depa.ri:Joont to chang'cl the. center alignment, to renove the 3 ft. off-set, was acceptable, -Con::lition 14: add an alternative to hard.le any overfl~; namely, grad.irq of one of the lots. '1hls approach would allow the Applicant flexibility
to deal with this issue. -Corrli tion 16: the AWlicant asked that the war.ding "construction permits" be deleted and the ~rda, "build.in:] r.:x>..nnits" be arlr.ied.
Carn. Szabo note<.'! his concern that narrow:ln:r of the street as proposed would be c1angerouz; Mr. Grigg Wd.S not favorable to narrowin:J of the street at the entrance point. In response to Com. Sore.ns('> .. n's question, Mr. Grigg stated that if parklng from Manta Vista High School became a problem for residents of this area, tb.ey could request a parld.n:;r prohibition from 9
A.M. to 4 P.M. The City would yrant such a request: as it has done in other cases.
The Public HE> .. aring V?S the.n opened. 'There were no &peak.era.
Mr. Grigg recomme.rrled that t..11e exi.stincJ cente.r alignment rema:ln strclight; he cited future problems r;f moving the center alignment to the north. In
response to Qrr. Ma.ckenzie' f' suggestion, MJ:·. C'..owan concur.t:'ed that a cash payment for the installation ot a oorrie.r would be accept.able.
MOTION: cam. Adams :rroved to close the Public Hearing
SEOJND: Com. SOrense.i'.1 VOI'E: Passed
consensus re.ached by tl1e Corrani.ssion: -56 ft. wide st..".'eets -Alignment of the street to t'Smlain as st.ate-id in condition 13. -FJ.-7.2 zoning with 60 ft. wide lots
5-0
-Posting of cash by the Applicant tc, pay for tl1e b<rr.der on J.mperial Ave.
-Te:rnporary closur'f! of Imperial Ave. and installation of a mid blocl~ barrier When a :mini.mum of 50% of construction was completed
-Flexibility allowed in handling ov0..rflow drainage subject to City ErY;;i.nee.r' s approval
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PV.NN!NG <XM1ISSION MINUI'ES
Reg\.'lo.r Meeting of FebnkTty 9, 1987 PAm"; J.l
PC -512
, ITEM 7 (Cont'd)
MJI'ICN: Com. Sol-ensen moved to grant a Negative L'eclaration
SECOi.'ID: C::l'n. .Aclanls
VOll:: Passed
, '
5-0
M...""'II'ION: Carn. Szabo lOCflrod to rer.:onm"-'..nd. approval of Appli.:ation l-Z-87 with
the m::xiification of the Rl-7.5 to be IU-7.2 zonirq.
Sn:::oND~ Com. Ada'11S
VOI'E: Passed 5-0
M:1I'IOO: O:Jm, Sorensen Irt:Ned to :ceocmmend apprcva.l of Application 2-'IM-ai
subj&..'t to the Fb"rlings arP. subconclusiOM of t.his Hearing arxi
the Staff Report, COrdition.s 1-11; Corrlition 12 modified to reflact a 56 ft. street width with 36 ft. pa;vement. 'I!1e iristL.llation oi a bar.t·icada to be casrpleted by the City with a
cash payment by the Az ... "Plicant; Condition 13 with the change of
1 ,soo sq. ft. to "7 ,~oo sq. ft.11 Cc.rrli.tion 14 m:cli.fied to include alternate meth.od.13 of drainag'9 subj,act to staff App-i:oval; Condition 151 Condition 16 :modified to cleJ.ete a.,"lflSt:rui...tfon
permits ard replace with "buildilYJ permits" Conditions 17-18; addition of d COrdi:tir..r1 19 to read, 111'he barrier shall be :rerroved when a min:imum of. 50% of final approval has been gn..,""ltoo and the Imperial Ave. barricade has been const:ructed.11
SEQ'.)}'1J ~ a-in. Mams
5-0
UNFINISHED BUSJ:NESS:
ITEM 8. Status report on co::le c.cmipliance at the follc:N1.irY,r service stations:
a) Mobil Oil -Home.stead :Road/Br->...x:nardo ,\venue
Staff Presentatj.on: Mr. Plasecki not..ed that the 24 hour op:::u:ation lnd
been ra:iuced ~ 1·,:::Me:ve:r, other violations c:l ted pn."'Viously re1na,in.
Regarding the union 76 station at !)';:> .. Ariza Blvd./Pacifica Ave., cons:i.derable inp:t'OVe:ment have been :made: hOW"Ewe:t:·, cne pr lee sj ,gn arrl an accessory buildinJ have not yet r~n :removed. With rest.ripping, relocation of the acce.ssory structure and. rerrov-al of tht.~ tell'Porary siqns, this station would
,be in compliance wi tl1 zonin'.J requ.i.reirc:;!nts.
a) Mobil Oil -~ H~t..::~d/Berna_ajo
Ms. San:lra 'l.Ubb.s, Marke:t.irq Repl"'E?£e.ntative for MabH statfon, stated. that the dealer continued to have p1:d,.;],erns rc--stri. tirq the number of vehicles
allCMEd on the site; cars to fue front cf the prope . .rty have bee..n l"elOCJVOO.
In response to Com. Adam.s question, she revic'Wed the service cor:tract with auto deala.":'S he1d by this station rnaJ1ager.
PI.ANNlNG COMMISSION MINUTES
Regular l"IeetirY,J of February 9, 1987
PACE 12
PC -512
ITEM a (Cont'd)
In response to can. Adams 1 question, Mr. PiasecJd stated there was no cilsti.ncti::.:n jn the Use Pai::mits between car maintenance se:cvices for the p.lblic an:1 a sexvice contract witl1 an autan'Obile dealer, concerning compliance with Corrlitions of the Use Permit. Ir. addi.tion, Ms. Tubbs stat.ad that the public drop6 off their cars for sei.vica; can. Szabo noted that approximately 2.5% of t.ha ca.rs on the site were i~le. In
resp:inse tc Can. Claudy 0 s o:mT!'C\9nt, she stated that tl'l.G dealer was not stori.rq tl1e cars .
Cool.. Cl~udy questioned the ocntract agre.en:P...nt and was informed that it was a verbal ccnt.ract, to complete sa.fety checks and wan:anty work. Negotiations for aOOitional space we.re still in progress~ Chr. Mackenzie cited past L--epresent.ations of the dealer at Public &.arirqs and obs1arved that. the testimony seemed to r.hang'e deperld.lrq on the type of Hearing.
Can. Ada."OS asked that lice.nee rnnnbf>..m of c:a..--s an the lat be canpared with licence numbers ga.the:ro:l by Staff in a wook' s time; should licew..e numbers
be the same, the c.cmnissioner. asked that Staff be inst..rw...-ted to initiate revocation ot Use Permit proced1..u:e.n. Ms. 'llibbs noted that some cars would
be.'1.cn::J to employees; allON"d.fil.':a for emplcyoo cru."S will be made. 'Ihe Ccumnissloner stated that K'lB expected lXm'pl ianoa with th.a 15 allowed cars on the lot to be.reached in a wook's tirre.
In re...c::;ponse to OU-! Macken.de 's comments, Hr. Kilian or.infirmed tliat the Cctr.vnissl.on was asking for a Rapc·rt fr':llTI Staff at the next PUblic Hearing.
Mr. Piasec.'<.i summari ze.i. that the correnission was askil"B for .s'UOOt..antial eoinpliance with the Use Pe..un..i..t. cam. Claudy stated that he did not see substantial conipliance with the Use Permit at tl1is time; drr. Mackenzie concurred.
In rasrx)nse to the qne.stion of what constituted minor repair, Mr. Piasecld. read into the reC'0rd the definition of such.
b) Union 76 -De Anza Boulevard/Pacifica Avenue
Mr. Ri..cl'ldrd Gre~.m, Real Estate Mana.ger, stated that violations will be rect:l fiOO.. A parldng plan wa.s p:t."e..se.nted for :review by tht:i camm.ission
whicn shcrv;ed restripirr:J of the pa.rkin<J area and plac.emc?.nt of trash enclo;::;...u:·es. He note.i there were 20 cars on site at 7 P.M. and. stated tliat
he would lock. into this situation as well as removal of illegal signs.
Mr. Gn:en reviewed changes in the busin.P..ss a.rd note::i that the sfil"\rice rurl mainte.n-mC'.e of cars was profit.a.':lle; ~ntly the.re is limited profit in selling qa..s. In addi.tion, the public looJ.r...s for qua.lity car maintenance in their IV.i'!ighborhood. He askk'3d that the Commission review chr:inges in ·the Lrlustry arid the. needs of individu.als in the comrrnmity.
com. Claucty n&...ed that in his view, proqr«?.ss in rectifying violations had
beei1 mn.de. Mr. Piasecki reiter;;1ted changes th.at neee.ed to be made.
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' PIANNDIG c:x:M1ISSION MINUI'FS
~1.ar ~ting of Februaxy 9, 1981 PAGE 13
R: -512
REfORI' OF PI..ANNING <XMITSSICN
-Consensus of the Commission that they wished to meet at 7:00 P.M. rather
than 7:30 P.M. Staff was asked to faci.litate this request.
-On. Sorell!"..en stated ah~~ received. a carplaint regru:dirg t.ha intar.;;ec+-..ion o.t S:ibb :na. arrl Moelellnn \frlere u-t:nms are catJBintJ traffic conge,tion.
She asJced that copies of relevant ne111!9pape~ l:i.rticlMI be l!lade available
to the Ccnmission. Mr. Kilian not.ad, however, the.t if camoonts were to be made on these p,.iblishsd materials, m1d1 topics should be placer~ on
the agen.:la under Written O':mmlrlications.
m::roRI.' OF ?I.ANNING DIP.F.CIOR -written ~port sul::mitted.
ADJOf.JRNf.iiENT: Having ooncludad its business, the Plnnn.'1.n;r caamission
adj~~ at 10:21 P.M. to the ra:· ·; Regular Meetfrg of Fe.b:r:uary 23, 1987 at 7:00 P.M.
. -----) l\.TTE!.>T: / ..--·..---// -~~ City Clerk
Approvoo by the. Planning COmm:i.ss.ion
At th.e Regular Meeti.rq of February 2 3 , 1987:
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~Ma -izie, ~·~innan---·