PC 08-24-87CITY OF CUPERTINO, STATE OF CALIFORNIA
10430 So. De Anza Blvd. Cupertino, CA 95014
(408) 252-4505
MINUTES OF REGULAH MEETING OF THE PLANNING COMMISSION HELD ON AUG UST 24, 1987
Meeting Held in the Imclim CoLU1cil Chambers, 10500 N. De. Anza Blvd.
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Vice Cht\irwomo.n Sorensen
Commissioner Adams
Commi:.;sioner Claudy
Commissioner Szabo
Staff Present: Steve Piasecki, Assistant P1rum.irig Director
Mark Caughey, Associate Planner Travice Whitten, Assistant City Engineer . P<;:ggy M. Cocker, Deputy City Anomey ' ' '
APPROVAL OF MINUTES:
7:00 P.M.
MOTION: Com. Szabo moved to approve Minutes of the Rt~gul:.ll' Meeting of August. 10, 1987, as submitted.
SECOND: Com. Claudy
VOTE: Passed, Com. Adams abscnl 3-0-1
POSTPONEMENTS OH'. NEW AGENDA ITEMS:
None
WRITTEN COMMUNICATIONS/ORAL COMMJJNICATIONS: None
CONSENT CALENDAR:
None
PUBLYC HEARINGS:
1. Application No(s) Applicant:
Property Owner:
Location:
i:'arccl Arca (A:;res):
USE PERMIT (37-U-87) To OIY.;ratc a 60 seat rcstauram with w.ke-ouL food service
FIRST HEARING CONTINUED
ENVIRONr.1ENTAL DETERMINA'I10N: Negative Declaration CONTINUED FROM THE MEETING OF AUGUST 10, 1987
TENTATIVE CITY COUNCIL HEARING DATE: Septe:nber 8, 1987.
. .l' ,
' I'\~ (
PLANNING COMMISSION MINUTES Regular Meeting of August 24, l. 98 7 Page 2 PC· 526 -----·----·----·-----------------------·
ITEM I Continued
Mf..fu.~ Mr. Piasecki noted the City's adoptio:1 of the Extraordinary Use Policy. since ;.;revious approval of a restaurant at this site; this policy regulated traffic activity for uses within the Fl00r Area Ratio Area. He cited the repo11 submitted documenting trips generated per thousand square feet; Staff Report noted that even if giveP the 40% for clivened side nips, the trip gc "1crntion factor would be 6.6 r.rips per thousand squru·e feet.
SwJf suggested a continuance of this Item to allow 1.he Applicant time to address the above concerns. Options to resolve the ;.raffle issue included: Reduction in size cf the proposed o~rarion or the elimination of the take-out feature
Resrudy of the <livened side trip issue to determine whether there were in fact more than
40% side trip diversions Filing of a Master Use Pennie application for the Center, illustrating that the Center, even
with the proposed higher use, would not violate the intent of the trip policy
A1ml~i1ut's fu..s.s;:ru.ru.i.Qu.;. Mr. Daniel Bryant, Proprietor, stated that an already existing sit~
of Eggroll Fantasy was primarily a restaurant operation with a portion of the. business a ta.kc-out operation. He presented studies showiug:
-Origin of patrons before corning to a restaurant (Chan 9, industry wide figures); he esti-
mated that 65% of their business was side trip diversion Population demographics within a 3.0 mile radius, including E.s.li.r:ruttci.J'~w;..s.;, Eating and Drinking Places; he added that the restaurant did not generate trips; rather, the restaurant competed for tl1e sales dollar. The proposed location of the restaurant would reduce trips
Chart of D.illl.Y-5.ill.c..s., including amount of average sale and number of peak hour sales;
study completed over a three month period.
Applicants would not maintain the present site, sincr: the new site was a better market area· and offered a long term lease; he confumed tho.t no more than four employees would be on site even during peak hour operacions;
1'.lr. Allan Byer, Proreny Owner, supponed the proposed operation and added that De Anza Shopping Center did not have a large volume of traffic nor djd they have phms for another '
restaurant in the Center. !vir. Bya sta~ed ti1at he would consider a Master Use Permit Applic::uion and added that currently t11e tenant mix included low volume traJfic uses, such as Carpets of New Zealand, Pozzi Windows and the Pose Office substation; in addition, there were vacancies in tJ1c Center.
Consensus reached by the Commission that a favorable vote was not possible without the Apr-licant ad.dressing the traffic issue; Applicant was agreeable to a continuancl~ of this Item.
Mr. Louis Buenda requested a prompt resolutio:1 of this issue due to the upcoming peak business peiiod. He added that food prepano.on wouid be done at a central location and not · on-site, thlls the proposed four employees would be sufficient even at peak hours.
The Public Hearing was then opened. There were no spca.l<crs.
PLANNING COMMJSSION MINUTES
Regular Meeting of Aur;ust 21.,, 198 7 Page 3
PC -526
HEM i Continwxl
Mffi10N: Com. Claudy '11oved to close the Public Hearing. SECOND: Com. Ad;uns VOTE: Passed 4-0
Mffi'!ON: Com. Claudy moved to Continue Application 37-U-87 to September 28, 1987. SECOND: Com. Adams VOTE: Passed · 4-0
Com. Szabo suggested that when similar situation~ arise, both a Master Use Permit and the Use Pe;11ut Application be. advertised and heard simultaneously; Mr. Piase.cl<l concurred that when a Cc:nter was !arge enough to suppo1t a Master Use Permit it would be advisable
to do so.
ITEM2
Application No(s) Applicant:
Location: Parcel Area {Acres):
Amendment of Chapter 16.52 of the Municipal Code titled, "Prevention of Hood
Damage." TI1c amendmenLS include modification of definitions, procedures and
standards to confom1 to Srnte mandated changes in th<~ Natimial Hood lnsura'nce Prof;,•Tam.
FIRST HEARING CONTI:'.\l"UED ENVIRONM.EJ\IT Al, DETERM.lNA TION: Ca.tegorica.Jly Exempt
CONT!J'.!UED FROM THE MEETING OF AUGUST 10, 1987 TENTATIVE CITY COUNCIL H.EARJNG DATE: September21, 1987
$_11!.lLlli..ii .. CJJlllti.QU:. Mr. Caughey reviewed tJ1c proposed Amendmem to the Municipal
Code a.nd reviewed adjustments required by the revised Federal Insurance regulations. He
c:lllcd attention to Staff Report St::ct.ion III which contained amendments of interest to the
public. He noted the following:
A. Previous distinction b-:.-:twcen habita.ble and non-habi!able floor space: fonnerly, non-
habitnb.!c spac;e was noi required 10 be: elevated above the base flood levc;.J (J 00 yea
event). This distinct.ion was now climinate.d--any floor area was w be rnisd above
the base flood level.
B. Regu1atkm thi:it travel t.raikrs and other 11011-motoriz..cd recreational vehicles, continu-
ou~;ly parked for 180 days or more or; a site must now be elevated. 'These vehicles
were previously ct..empt from flood hazarcl contr:>l st;mdards.
\ "
PLANN1NG COM.\1lSSION tvUNtJTES
Regu..ar M:ceting of August 2 4, 19 8 7 Page 4
PC-526
ITEM 2 Cominuel!
C. No change in L'1e ex.is ting text; however, interpretation of text was that base flood ill.for-mation (100 year kvel) on Flood Insurance Ra.te Maps was usually the definitive refer-ence in detennining whetl1er a site was in a flood plane and the required base elevation
for floor areK. The Santa Clara Valley Water Disaic! (SCVWD) .1lso provided infor-
nurion which might specify a more restrictive definition of flood hazard areas; in such iustances the most reliable infonnation would be fo!lowcd. Implications of change cited. F. Sections of the Model Ordinance citro referred to residentiaJJnon-residential con.stnlCtion; reguiat.ions changed such that if a substantial addition (50% or more of market value) was <idded to an existing structurr.:, all portions of the floor level (new construction and existing structure!) must be raised above the base flood level; the potential co~t of this change in regulations no:ed. Sub:.;ranlial imprm1emc11t defined as mn.X"ket valu1;: rather
than assessed value.
Staff recommended adoption of the Minut,e Order conl.a.ined in the Staff Report.
The Public Hearing was then opened.
Mr. Fritz Eaton requested information regarding flood insurance.
MOTION: Com. Claudy moved to close the: Publil..! Hearing
SECOND: Com. Adams
VOTH: Passed , I
MOTION: Com. Sz.abo moved to adopr the M.im~te Order as propo5cd by Staff· SECOND: Com. Adams VOTE: Passed
4-0
4-0
Mr. Caughey noted for the record that the above was categorically exempt under State Law.
ITEM3
Application No.(s) Applicant: Propeny Owners:
Location:
Parcel Arca (Acres):
USE PERlvUT (14.-U-87)
To construct a 5,200 sq. ft. conwerci'.'J/office addition man existing comxncrcial build-
ing, to demolish ail exisring 6,000 sq. ft. commercial center, to consrruct t new 25,000 sq. ft. commercial/office building, and 10 constn;ct associated parking and landscaping
modifications.
I
PLANNING COMMISSION MINUTES
Regular Mee~:ng of Augusr 2 4 , 198 7 P:ige 5 PC -526
ITEM 3 Continued
FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration TENTA 11VE CfrY COUNCIL HEARING DATE: September 8, 1987
S.Lilff~JlJ.aJi.Qn;. .fltir. Piasecki ~oled that the site was composed of three separate parcels.
Applicant:.i were requesting up to l ! ,000 sq. fr. of bonus under General Plan policies
(5,000 sq. ft. bonus for the front building).!.;ite, 5,000 sq. ft. bonus for the exisring Blaney Center site and 1,000 sq. ft. bonus for redevelopment). General Plan and · lplicable City
policiec; were cited.
Mr. Piasecki noted the followi11g issues: Requirement to prnvide significant )andscaping improvements on sice ·
Requirement of a significrult architectural upgrade, intcgrntfon of architecn1ral forms Imeg-ration of site with surrounding properties Lack of Linkage to existit1.::; utiveway and circulation patterns Cominu:mce of a p<!rking defidency resulting in a signific1uH pi!rklng imbu.Junce Retcmion of 1200 sq. ft. cocktail lounge with relocation to adjacent ~ite L1te evening entertainment located in mid· block/reduction of this activity requcstl!.d
Building 1, second floor addition was located at the building perimeter line
Staff suggested a Continuance to allow the Applicant to address the above concerns;
mherwise Staff recommended denial of the Application.
A.f.l.lllli;.illJ.Lill!:.S..ffi.tl.Uimt~ ~1'.r. Joseph Bellomo, Project Designer/Applicant, stated that a second floor strncture over the: existing building would create srnwtural problems; however, he· offered to funhcr study 1.J-.e possibility of benc!r architectural !;a.lance for Building L Applicants were aware of the 70 parking space deficiency and a plan for underground parking had been submitted. Ms. Piasecki confimied rhar a revised plan
addressing the parking deficit had been received, but was not in time to be studied.
Mr. Ga.t;' Schmidt, Principal, noted constraints of the projccL This proposal would: Allow access between Chili's property and the property in question Complied with landscaping requirements for front building, Hamasushi, Nite Cap, street and parking lot; additional landscaping requested on Blaney Ave. has been addressed in modifications submitted during the past week Substami:Uly decrease the parking deficit through proposed underground parldng Grant mutual ingress/~~g;ress, parking casements between rhe three p:ircels Cn:.atr: a lot consolidation to result in two rather than th.rec parcels on site
Mr. Schmidt stat1!d that lhis project required the maximum bonus allowed; he noted the
compromises already made to get the project to the point it was now at. He answered
questiom mid stated that be W<L'i unubk to completely resolve the parking deficit nor could he secure the ingress/egress with Cicero's. ·
!\fr. Pete 'D10mas reviewed architectural considerations for the front b·Jilding and stated t11at co:-nmcnts suggesting rh::it the bui'ding -.·1as unbalanced were new to 1he Applicants.
f; l t t' ~ I I r ' r I I·
t !
¥ I
\
PLANNING COMMISSION lVUNUTES Regular Meeting of August 24, 1987
Page 6
PC-526 ----·--------
ITEM 3 Continued
Com. Claudy commented on the followings:
Standard conditions required reciprocal ingress/egress Pnrking deficiency due to bonus granted Inability to grant the 11,000 sq. fl bonus requested
Second story addition which was not architecturally integrated into Building 1 Expansion of a prohibiied use of late night emenainrnent lounges in mid-block
Com. Szabo concuffed and noted the current parking deficit which spilled into a residential area. Com. Adams objected to the a.rchitecrurnl n>otif of Building l, the p:Jrk:ing deficit and the location of the trash ,nclosures.
Vice Chr. Sorensen summarized concerns of the Commission; Mr. Schmidt requested
f u.rther direction regarding uses for Building 1 and cited time and financial constraints on the project. He requested ;,i deci.s~on in order to procee.d w me Council as soon as possible.
Mr. Piasecki summarized the issues of the Commission as follows: Linkage of driveways both off site and on site with Cicero's Modification of square footage to confonn ·with parking requirements of the City Modification of archite,cture of Building 1 Ddin.ing the limits of the bar/lounge activity
Shifting of Building 2 to the north to provide adequate landscape screening on-site
Com. Adams did not wish any expansion of the "Village Gent," ".Nitc Cap" or bar/lounge activity. Mr. Schmidt confirmed drnt expamion of square footage or use of r!ither operation was not being considered; he stated that he could not speak for these establishments. Expansion of Hamasushi would be used for banquet and/or open seating for dining. Co~. Adams commented that plans for modificarions to I.he parking had not been seen by the Commfasion; however, Building I was unbalanced and the second story appeared to be a.n
add-on. ConcwTence reached by the other members of the Commissicm.
Mr. Schmidt was favorable to a Cominuance if such wou!d rot delay the date of the Council Hearing; since lhis was nor possible, he requested that the Commission vote in order to
proceed with an appeal to the Council.
MOTION: Com. Claudy moved to close the Public Hearing SECOND: Com. Adams
VOTE: Passed 4-.Q
MOTION: Com. l'laudy moved to recommend the granting of a Net;Mive Declaration SECOND: Com. Adams varE: Passed 4-0
M01'ION:
SECOND:
VOTE:
Com. Claudy moved to recommend denial of Application 14-U-87 per findings
:uid subconclusions of r.his Hearing noting the discussions of the Ccmunission.
Com. Adams
Pas~ed 4-0
PLANNING COMMISSION MINUTES
Regular Mecti~ng of August 2.4 198 7 !'>age 7
PC -526
Break 8:43 -8:55 P.M.
NEW lHJSINES.S:
ITEM4
Application 3 l-U-86 (Modified) -Westfield, Inc. -Interpretation of a minor amend-ment for expansion of retail mall shops. The propeny is located on Highway 280
and Wolfe Road.
Vice Chr. Sorensen noting the public pres.em for this Application, revi~we.d rl1e Brown Act
and stated that the Commission would hear testimony concerning the Ice Rink under Oral
Communi<:ations. Ms. Cocker stated that the Application before the Commission did not
address the issue of the kc Rink and that any testimony would be taken after hearing Item 4.
Smfifu.'i.k~tatiQ!l;. Mr. Caughey reviewed the history of Application 31-U-86; a floor area plan showing options for developing this area were presented. He noted the minor access
problem between the: lower tenant space and the expanded parking garage; a cross section diagram showing the tunnel to be used to rem~dy this situation was shown. Staff asked
that this Item be interpreted as a minor amendment
MOfION: Com. Claudy moved to approve a minor amendment for expansion of retail mall shops per !.he Model Resolution.
SECOND: Com. Adams
VOTE: Passed 4-0
ORAL COMMUNICATIONS:
Vice Chr. Sorensen rcopene.d Oral Commt<nications.
Mr. P••trck McM:L1an, Save the Valko Ice Ri!ik Committee, stated that statements m;111e by
Westfield, Inc., namdy, that every effort w keep the Ice Rink open had [)een accepted in
good faith by the public; current develop.ments were disquieting. Especially disqdeting
were statements that pahaps the rink would not continue to operate. He asked that the
Commission do what.cvcr was in their power to ensure continuance of the Jee Rink.
!v!r. Fritz Ea1on thanked the Commfasion for being so kind to Westfield Inc., in approving
the retail space desired. He felt that Westfield was taking from the community and that ir
was time that they gave back to tl1e conummity.
Mr. Mike McCunkej coni;u.rrcd witl• Mr. McMahan's comments.
Mr. Mark Himccx.~k. Westfield Inc., stated that Westfield continued to explore optidns to
develop a work;:blc plan of kt~eping tht: kc Rink open anrJ add theaters surrounding it; he
noted the time and cost expended by Westfield !o explore and work out the problems which existed. At presc:H, no decision had b(:cn made.
PLANNING COMMISSION MINUTES Regular Meeting of Augusr 24, l. 98 7
Page 8 PC: -526
, ___ , __________ _
ITEMS
Apamnent Vacancy Survey Report -Infonnational Item -Noted and fik..d.
ITEM6
Application 2-M-87 -3rapks Cupertino Glass -Interpretation of a non-conforming use
within the Mont.a Vista area (10057 Imperial Avenue).
Slaff Pr~mll.\Li,.Qn;, M.r. Pfa.secki reviewed the hi:.t.:)ty of th.is Application and a:5ked that the. Commission make a finding that the current use was of equal or less incensity than previous uses. Staff recommended approval with the exception that the use of a table saw in an ,outdoor area was an inappropriate continuation of u non-confomling use .
.AD..D.lkilllU..Pl.~UwiQD.;. Mr. Dave Peters questioned the problem of using the table saw in an out door area; Mr. Piasecki responded that them was no evidence to support a continued use of the saw. In addition, potential noise impacts were noted. l'v1r. Peters cited the limited use of the saw and stared that it was coverc<l by a roof
MOTION: Com. Cl<wdy moved approval of Application 2-M~87, per Mode! Resolution.· SECOND: Com. Adruns VOTE: Passed 4··0
OLD llUS\NESS: None
REPORT OF THE PLANNING COMMISSION: None
REPORT OF THE PLANNING DIRECTOR:
Written Repon submitted
DISCUSSION OF NI::WSPAPER CLIPPINGS:
None
•, . ,.
'
• ' ' i if,' .
'
' ·.~:
'ii: r,'
,· ~.·
PLANNING COM.lvllSSION MINlffES Regular Meering'of August 24, 1987
Page 9
PC-526 ----·-----------·
ADJOURNMENT: .Having concluded its business, the Planf!ing Com.mission adjourned at 9:30 P.M. to rhe next Regular Meeting of September 14, 1987 at 7:00 P.~1. '
Respectfully submitted,
' / ' .1 rf / I t/ /
Carol A. Probst-Caugh~y. 7'
Recording Secretary r/ ;;/
I
Approved by the Planning Conunission
At tlv;: ,Regular Meeting of September 14, 1987 _/) ./
.r/7'~' /. .~ / \ . < ,~,/ ,.//n .. '11 . ....M~L1/!!.._-,,. __
,,,.. Loiee Sorensen, Vice Chainvoman