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PC 09-14-87CITY OF CUPEUTINO, STATE OF CALU'ORNIA 10430 So. De Anza Blvd. Cupertino, CA 95014 (408) 252-4505 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEIT.EMHEH 14, 1987 . ' . Meeting Held in the Interim Council Chambers, 10500 N. De. Anza Blvd. SALUTE TO THE FLAG: RO:.L CALL: Commissioners Present: Oiairman ivlackenzie Staff Present: Vice Chairv;oman Sorensen Commissioner Adams O)mrnissioner Claudy Commi.ssioner Sz.abo Robert Cowan, Director of Planning and Development Steve Piasecki, Assistant Planning Director Peggy M. Cocker, Deputy City Attorney APPROVAL 01<' MINUTES: 7:00.P.M. Com. Sorensen requested the followiug changes: Page 6, Item 3, votes to be listed as i-0. On page 9, Minutes to be signe.d. by the Vice Chairwoman who presided at the meeting .. M0110N: Com. Adams moved to approve Minutes of the Regular Meeting of August 24, 1987, as amended. SECOND: Corn. Serens.en VarE: Passed, Chr. Mackenzie abstaining .4-0-1 POSTPONEMENTS OR NEW AGENDA ITEMS: MO'I10N: Com. Claudy moved to Continue Item 5, Application 39-U-87 and 41-EA-87 to September 28, 1987. SECOND: Com. Adams VafE: Passed 5-0 WRITTEN COMMUNICATIONS~ Letter from the City Attorney dated September 10, 1987, regarding, As.si.fililllC~ frQnL.C.'ll.ifum.i.a£1i.r..E.cli1i.Q.11Lfu1£1i.<;J;.s..km:nmis.s.i.mL. ORAL COMMUNICATIONS: -None CONSENT CALENDAR: -None PUBLIC HEARINGS: : ~-·. ' , PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1987 Page 2 PC -527 PUBLIC HEARINGS Continued ffEM 1 to be heard in conjunction with Item 2. Application Nv(s) Applicant: Propeny Owner: Location: Parcel Area (Acres): TENTA11VE MAP: (13-TM-87) To consolidate 4 parcels into 1 parcel. FIRST HEARING CON11NUED ENVIRONIViENTAL DETERMINATION; CategoricaJly Exempt Application No(s) Appl.ic.anr: Property Owner: Location: · 9..:!J-82 ffic.'lis.~flL-__ Turuil.Qka~lo.p.rru;JlL\.&rn~--·--­ Q.i;Qr~:rn.lm.Md.~.lL_--. ~~~i:L.Qf...S.~s:.n~~ya.rrL__ 1\!!ilJ.~QUaL-~~ USE PERMIT (9-U-87 [Revisr-<l]) . Amendment of Use Pennit to correct prior accounting of existing floor area for Portal Plaza Shoppir1g Center thereby expanding tora1 fl.oor area by approximately 3,000 sq. ft FIRST HEARING ENVIRONMENT AL DETERMlNA 110N: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DA TE: September 2 J, 1987 .S.tfilI.l:r.IBma..timl;. Mr. Cowan presented the proposed Tentative Map and stated that the Use ?emlit had been filed due to an error made when filing the original Application. The General Plan allowed up to 5,000 sq. ft. bonus; Staff felt that the request for 3,1.00 sq. ft. bonus·was justifiable in tJ1at there would be significant amenities to the shopping center resulting from the granting of this Use Perruh . In response to Chr. Mackt~nzic's question, Mr. Cowar1 stated that the parking calculations \Vere based on the correct square footage; there was no increase in the parking deficit b.,i?~£~1i~1I~ Mr. Larry Y amaok'..a noted that the error was a clerical mistake. The Public Hearing was then opened. Tiierc were no speakers. MOTION: Com. Claudy moved to clo~e the Public HeaxinGS. SECOND: Com. Adams VCYTE: Passed 5-0 Com. Adams noted the improvement to this Shopping Center '.'esul~ing from the granting of this Use Perm.it.; Com. Sorensen concuncd. , . ' PLANNJNG COM.MISSION MINUTES Regular Meeting of September 14, 1987 Page 3 PC-527 PUBLIC HEARil'TGS Continued MOTION: Com. Claudy moved approval 0£ Application 13-TM-87 per the findings nnd conclusions of the Staff Repon and this Hearing. SECOND: Com. Adams VOTE: Passed 5-0 MOTION: Com. Claudy moved to recommend approval of Applicatio11 9-U-87 per the findings and conclusions of the Staff Report and this Hearing. SECOND: Com. Adams VOTE: Passed 5-0 ITEM3 Application No.(s) Applicant: Property Owners: Location: Parcel Area (Acres): l:EXr::B.1--filY..Jlll~~~Ull<nt __ _ .s~----------·----~.s.QJ.J.till;.;~r.,<;..Q.L5.tci.1.iru:..&la,L1llii ~QiliLCQ.ull._. ----NLA... EXCEPTION (3-EXC-87) From Ordinance No. 686, Section 16.28.040.2.3 to allow a fence within a corner sight triangle, and from Ordinance No. 686, Section 16.28.040.2.3 to allow a 6 ft. high fence witliill a front setb&ck. FIRST HEARING ENVIR01"'1.1ENTAL DETERl'VllNA TION: Categorically Exempt SJ.afLP..r~_llh11i.QlJ~ Mr. Piasecki presented the Application :md a site map; he statr..d tliat the Cuy Traffic Engineer had reviewed this Application and felt that visibifay wou.ld not be unduly impaired. Staff recommended a ppr .::iv al of the Exception. The Applicant was nor present. TI1e Public Hearing was then opened There were no speakers. MOTION: Com. Claudy moved to close the Public Hearing SECOND; Com. Adams VOTE: Passed 5-0 Com. Claudy felt that the Exception was a reasonable course of action; Coin. Sorensen concurred. MarION: Com. Claudy moved approval of Application 3--EXG·87 per findings an<! sub- conclusions of the Swff Reporr and this Heating. SECOND: Com. Sorensen VOTE: Passe.cl 5-0 ·~ ,,, ' ;-. PLANNING co:MMISSION MINUTES Regular Meeting of September 14, 1987 Page 4 PC-527 PUBLIC HEARINGS Continued ITEM4 Application No.(s) Applicant: Property Owners: Location: Parcel Area (Acres): , I TENTATIVE ?YW' (16-TM-87) To subdivide 1 parcel into 4 parcels, lot sizes ranging from 7,500 sq.ft. to 8,500 sq.ft. FIRST HEARL'l\JG: ENVIRONMENT AL DETERMlNA 110N: C'...ategorically Exempt ~.uat.i.Q.o..:. Mr. Cowan reviewed the Application and presented site and aerial maps showing proposed lot configurations and size. Staff noted the relatively small lot size proposed in comparison with surrounding residential propextks; however, the subdivision was consistent with the Gen~ral Plan and Zoning requirements. 1bus, Staff could find no grounds for requiring the deletion of one lot and recommended approval of this request. The Applicant was present but did not wish to address the Commission at the time. 111e Public Hearing was then opened. Mr. Bob Fugundes, 1712 Dalton Dr., San Jose, speaking on behalf of the house located at Flintshire St. and Clarkston Ave. noted the following concerns: :.. Irnpact.s to privacy, light and air Side yard setbacks of the proposed houses would abut e;<.isting rear yard property lines Reduction of property vQ.lues Impact and possible desrrnction of two Italian Stone Pines located on the Flint.shire St. and Clarkston Ave. propeny~ these trees were protected under the developm: nt plan Mr. Rich Parker, 21587 Flintshire, San Jose, presented a petition representing 2.6 families opposed to the proposed four lot subdivision. He noted concern regarding increased density in a mature neighbort.ocxl and added that sideyard setbacks would abut his rear yard. Ms. Margot Bauer, 21597 Flintshire St., Cupertino, felt that the subdivision proposed was inappropriate for the existing neighborhood; noise, privacy and light impacts were cited, She felt that 2-3 one-story homes would not be as impactfol. . Ms. Roxanne Parker, 21587 Flintshire St., Cupertino, noted opposition to this Application and read into the record a letter of Steph1~n M. Irving, dated September 9, 1987. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1987 Page 5 PC-527 PUBLIC HEARINGS Continued Mr. Warren Whaley, Applicant. reviewed the property history and noted the following: -Lack of a inarkct for one .. story homes in Cupertino -There were no plans for the "tooth" on Parcel 3 of this site -He would consider alternate designs which would better protect the neighbor's privacy -House de5'igns and plans could be presented to current residents for their consideration Mr. Mike Masuda, 21607 Flinrshlre Si:., Cupertino, felt that the property was too small f~r a four lot subdivision, especially if two--story houses were built; he cited concerns regarding the resulting density. ~Ir. D.V. Klishna Murthy, 21584 CasrJeton St., Cupertino, fo!t that two-story houses on this site would interfere with privacy, impinge on property values and be incongruous with rhe existing neighborhood; three single-story houses would be acceptable. · Ms. Mary Jo Sullivan, 21558 Flintshire St., Cupertino, concurred with the above and noted privacy impacts from an existing twv-story house kitty-comer to her home. MOTION: Com. Claudy moved to close the Public He.aring SECOND: Com. Szabo V01E: Passed 5-0 Com. Szabo fe!t that the proposal was inconsistent whh the existing neighborhood. He note<l the. difficulties of developing infill lo:s; however, }n this case the difficulties were significant and he would not vote in favor of the Tentative Map as proposed. Com. Claudy concurred and observed that residents of Cupertino had become increasingly concerned with flag lots and infill developments witl1 large, two-story houses. He would consider llpproval of a thr<"..c lot subdivision. Com. Sorensen noted concern regarding Lots l and 3 due to a limited usable building area. Com. Adams concurred with the above and added tha.t the flag access on ~he westerly lot should be combined with the existing flag entr'j to Lot 6, if possible. Chr. Mackenzie noted that surrounding lots were 7 ,500 sq. ft of usable area, with public street frontage and 55 ft wide streets; the 7 ,500 sq. ft of the subdivision lots included driveways and flag lot access. He cited a significant increase in density and noted other undeveloped properties in the area. He felt that Fi.nd.ings C. and E. could not be made. Mr. Whaley reque:;ted a decision from the Planning Commission. MOTION: C'..om. Sorensen moved to deny Application 16-TM~87 making the Findings that the site was not physically suitable for the type and intensity of develop·· ment propose.<! and that the design of the subdivision would not be in keeping with the sunolu.r:Ling neighborhood and would be detrimental LO the general welfare of persons residing in the vicinity of the subdivision. SECOND: Com. Claudy van:.: Passed 5-0 PLANNL~G COMMISSION MINUTES Regular Meeting of September 14, 1987 Page 6 PC-527 PUBLIC HEARINGS Contin1;e.d ITEM6 Application No.(s) Applicant: Property Owners: Location: -----·-------- ____ ....,. USE PERMIT (40-U-87) To constrnct a mixed use two-story building consisting of 1,700 sq. ft. of office space and 3 residential units equalling 2,040 sq. ft. FIRST HEARING: ENVIRONlvtENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL HEARING DA TE: September 21, 1987 . .s..taff.~u.t.a.tism; Mr. Piasecki reviewed the Application and presented an aerial map, site plan and an exhibit illuscrating the relationship of the property to the Mon ta Vista Design Guideline; he added that the Applicants wished to attach the proposed building to an existing structure. There was a one parking space deficiency; Staff noted that Condition 19 in the Model Resolution addressed the issue of allowing a modification to alleviate the parking deficit. A third aliemative was suggested. Arui.lkJ!Lll.'.s_L~s.imtruiPJJ.;. Mr. Jim Sisk asked ~hat the option of eliminating one housing unit in order to address the parking deficit, be made available to him; he suggested Condition 19, to read, "The building shall consist of up to three residentbl units ... " The Public Hearing was then opened. There were no sp!!:-ikers. MOTION: SECOND: VOTE: Com. Sore:iscn moved to dose the Public i-icaring Com. Adams Passed 5.0 Com. Szabo was not favorablo; to the elimination of housing in favor of office space; he noted the need for housing ill the City; he was agreeable to allowing one parking deficit. Com. Claudy concwTed and note1 the need for small rental units in the Mon ta Vista area. Com. Sorensen was favorable to the joining of the proposed with an existing building. Chr. Mackenzie noted some concern regarding tlw parking deficit; Com. Adams suggested that rhc amenity of joining the two buildings would justify the one space deficit. Consensus reached by the Commission that the Applicant. di<! not have to resolve the parking defiCit; however, he must retain the three rcside;Hial units. . ' MOTION: Com. Sorensen moved the granting of a Negative Declaration SECOND: Com. (Jaudy VOTE: Passed 5 .. Q. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1987 Page7 PC -527 PUBLIC HEARlNGS Continued MaTION: Com. Szabo moved to recommend appmval of 40-U-87 per Findings and con- clusions of the Staff Report and this Hearing: Conditions 1-18; Condition 19, delete paragraph beginning, "Ir order to ... "; Conditions 20-24. SECOND: Com. Claudy VOTE: Passed 5-0 ITEM7 Application No.(s) Applicant: Property Owners: Location: Parcel Area (Acres): USE PERMIT (41-U-87) To ope.rate a 1,5~0 sq. ft. convenienp:: store snack shop at an existing service: station and to continue dispensing of motor foe.Is. flRST HEAR1NG: EJ\NIRONMENT AL D.ETER.\.UNA TION: Negative Declllration TENTA'l1VE CITY COUNCU~ HEARING DATE: September 21, 1987 .s.ta.tl.~.e.nUUQ11;. Mr. Cowan reviewed the Application and noted Staff concerns regarding the location and operation of the proposed convenience store with reference to the adjacent residential area; a diagram was presented showing constraintc; at this location. Staff was therefore, recommending denial. A:mtl.LQillli . .£l::~.Q!l;, IV'U'. Hugh Cunningham, Real Estate Representative for Atlantic Richfield Co. noted that traffic flowed smoothly and operated at an A or B level at the intersection of Foothili Blvd. and Silver Oak Way; there were no difficulties at the ingress/egress of this site nor in the operation of this station as it related to this intersection. Applicant'> had attempted to develop a quiet area around the site; only employees would be allowed to park in the rear quadrant adjoining residential. Applicants felt that the existing 6 ft. masonry wall was adequate for a commercial use which abutted a residential area; this buffer was enhanced in that an upward slope extended upward toward the residential area. In addition, a gate closing off one of the driveways would be installed; this gate would be closed at all times with the exception of use by the tanker delivery tmcks. Mr. Cunningham reviewed the conclusions of a sound study conducted; applicants propose.ct strong management supervision, proper signagc and whatever else necessary to discourage individuals from making intermittent noise which would impact the area. He reviewed the proposed sales operation of beer, wine, and food items. i ,. 1/f ~' PLANNING COM1USSION MINUTES Regular Meeting of Sept.ember 14, 1987 Page 8 PC-527 PUBLIC HEARINGS Continued Mr. Fred Hamann,.Architect Representative for ARCO, reviewed the proposed building improvements and landscape plans. Mr. Jasper Pauli, Station Manager, stated that since he became rnanager, he had worked with the neighbors to mitigate complaints previously made about the operation of this station. Mr. Ron Knutescn, Saks Manager, ARCO, conceded that past operation of this station was detrimental to the neighborhood; proposed traffic flow and parking patterns were reviewed. He assure~ the Commission that activity in the areas adjacent to residential would be controlled and adde.d that the AM/PM Market would move activity to the front of the station, thus mitigating impacts. He felt that the convenience store would be a benefit to the area. In response to Com. Claudy's queslion, Mr. Knuteson statt~d that this station would be operated as a franchise, thus control cxerr;ised by ARCO would be significantly increased 'lnd standards would be monitored. Mr. Knuteson further responded that ARCO evaluated the need for convenience markets to determine which stations would be converted. The Public Heari11g was I.hen opened. Mr. Ted J. Forsyth, 22558 Flintshire St., Cupertino, presented "i&s.D.LA.B.CQS.w.ri.Qn ,C,onyilliQJUQ~M.i.ni.Mm:k.c.L" dated September 12, 1987, and reviewed negot.iati1;ms; he noted that ru1 agreement on the sound walls and hours of operation had not been reached between ARCO and the neighborhood. Jlv1r. Cunninr;ham responded that more people are on the road at 10 P.M. than at 5 AM. by a 6: 1 ratio and ciH>:d standard hours of operation for bu:;inesses in Cupertino. ARCO requested a 6 A.M. to 11 P.M. hours of operation. Mr. Larry Leu, 22616 Silver Oa.k Way, Cupcrti.no, felt that the City, ARCO and the dealer profited by the expanded facilities and asked that consideration be given for noise in1pacts on adj·1cent n.•sidents. He felt that a 24 hour operation would be requested at a later date and charged 1hai· some neighbors were promised special prices ro support a 24 hour operation. Mr. Tony Muzzicato, 22586 Silver Oaks Way, Cupertino, concurred with above opposition and noted that noise impacts would result from operating to 11 P.M. Mr. Cunningham interjected that ARCO would submit to annual review of the Use Permit and would accept restrictions imposed. lvfr. Leu cited examples of stations operating on a 24 hour basis which were not sunounded by a residential area; he strongly or,poscd a 24 hour operation at this site. Mr. Knuteson assured the Comrnis:-..ion that ARCO off ercd no special services nor prices in order to come to an agreement wi•ll the neighbors; l'1r. Pauli confirmed this statement. In response to Mr. Forsyth's comn1t~nts, Ms. Cocker stated that if Conditions of the Use Permit were ·.iiolated, the City on it's own initiative could stan a revocation process. Chr. Mackenzie aJd".d that neighbors could petition the City Council to review any Use Permit for possible violatic::is. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1987 Page 9 PC -527 PUBLIC HEARINGS Continued Mr. Muzzicato stated that he was opposed ro the 6 A.M. -11 P.M. hours of operation; he would accept the 5 A.M. -10 P.M. hours. MaTION: Com. Claudy moved to close the Pubiic Hearing SECOND: Corn. Adams VarE: Passed 5-0 Com. Sorensen commended the Applicant on ·J1e proposed design for this Station. She was oppose<l to the conversion to an AM/PM Market on the gTOunds that a service station should not have been allowr.<l at this site; ,fud.inzs...an.d..S..u.~rt:i 2, 3, and 4 of the Model Resolution to deny this Application cited. Com. Adams concurred that the rooesign was well done; hovvever, he was not convinced that the proposed conversion was the right action for the site in question. He noted the increase in intensity of use and st,1ted tl1at he would not vote in favor of this request. Com. Claudy evaluated requests for a use change as if it were an entirely new application; a service station would not now be allowed at this site. A comparison could be made with non-conforming ust'!S, which allowed changes if a less int~nse use would result. He cited the impacts of a late night convenience store operation as opposed to a limited or non-existent operation of a service bay during late night hours and r.otc<l the traffic impacts to Foo·hiU Blvd. due to people ~lowing down in order to enter the station. Com. Sz.abo noted rhc numerous operations which sold. food items; he: added that deuiment exceeded any value to be derived from the rcqueste.d use due to the fact th:.lt th.fa site was surrounded by a residential area; the Commission adopted a policy that uses detrimental to surrounding areas would not be approved. Chr. Mackenzje noted that the site was zoned CO; however, if approved, the combination of operating until 11 P.M. and the sale of alcohol could not be approved. Changes wo,uld. have to be made for approval to be granted; however, since he majority of the Commission opp;)sed this Applicati?n, he would also vote against it After consideration of \he altcrnni·;es, Mr. Cunningham stated that the Applicants wished a decision at tli.is time. MaTION: Com. Claudy moved to deny the 1,,rr;mting of a Negative Dcclaratio~l. SECOND: Com. Ad.a.m.s VOTE: Passed, Chr. Mackenzie opposed 4-1 MOTION: Com. Claudy moved. to recommend denial of Apµlication 41~U-87 subject to Findings and subconclusions of Staff Rcpo11, this Hearing and per the Model Resolution. SECOND: Com. Sorensen VOTT~ Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1987 Page 10 PC-527 PUBLIC HEARINGS Continued ITEMS Application No.(s) Applicant Property Owners: Location: Pan::d Area (Acres): 12-U-87 USE PERMIT (42-U-87) To construct a 1,500 sq.ft. building addition to be used :as a teacher's lounge '1nd storage FIRST Hf;.ARING: ENVL.ttONMENTAL DETERMINA T10N: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: September 21, 1987 Staff fust:ntaWA'l.:. Mr. Piasecki reviewed the Application; Sta.ff recommended approval. Representi.tive of the Applicant present but did not wish to adill'(:SS the Commission. The Public Hearing was then opened. 111ere were no speakers. M0110N; Com. Claudy moved to recommend approval of Application 42-U-87 per the Findings and subconclusions of Staff Report and this Hearing. SECOND: Com. Szabo VO'IB: Passed 5-0 NEW BUSINESS: None OLD BUSINESS: None REPORT OF THE PLANNING COMMISSION: Com. Sorensen favorably conm1ented that Cupertino no longer had the ugliest building in the area, citing, the San Jose Mercury News article of August 24, g;,87, "Ugliest building is finished at last" Com. Adams requested infonnation on letter from of Septcmlx."f 10, 1987, n::garding, As.siSJ;filJ.C..UI.Q.OJJ:i!W:m:nia.EfilrJ~oHtkJU.£r,1£t:ks;L.C_QIDDJls_:;iQil~ Deputy City Attorney provided information ri!questcd. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1987 Page 11 PC-527 REPORT OF THE PLANNING DIRECTOR: WrittcJJ. Report submitted DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: Having concluded its business, Planning Commi.ssion adjourned at 9:20 P.M. to the next Regular Meeting of September 28, 1987 at 7:00 P.M. Respectfully subrriltted, ' . ,, ~~r;-·,!P ~I A. Probst.:caughey, , Recording Secrcmry ' 1 Approved by the Planning Commission at the Regular Meeting ot SP.pt.ember 28, 1987 ATTEST: . !