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PC 12-14-87CITY OF' CUPERTINO, STATE OF CALI.FORNIA 10430 So. De Anza Blvd. Cupcrti!lO, !:A 95014 ( 408) 252-4505 J\UNlJTES OF REGULAR MEETING OF THE PLANNIJ"iG COMMISSION HELD ON DECEMBER 14, 1987 Meeting Held in the Interim Council Chambers, 10500 N. De. Anui. Blvd. SALUTE TO THE FLAG: HOLL CALL: Commissioners Present: Chairrnan Mar:kenz:ic Vice Chairwom:m Sorensen Comrnh:s1oner Adams Commissioner C!audy Commissioner Szabo Staff Present: Robert Cowan, Director of Planning and Development Steve I· :asecki, Assistant Plannini Dire.ctor Travice Whitt.en, Assistant City Engineer Peggy M. Cocker, Deputy City Attorney APPROVAL OF .. MINUTES: Com. Sorensen asked that on Page 5, sevent11 paragraph, read, "Mr. ~hwe .. " 7:00 P.M. MaTION: Com. Sorensen moved to approve the Minutes of the Regular Meeting of November 23, 1987, as submitucd. SECOND: Com. Claudy VOTE: Passed, Com. Adams abstaining 4-0-1 POSTPONEMENTS OR NEW AGENDA ITEMS: ·· Item 4, Application 52-U-87, Franzclla's Orchard Valley. Applic;mt requested Continuance to January 11, 1988. MOTION: Com. Claudy moved to Continue Application 52-U-87, lO January 11, 1988, per request of the Applicant. SECOND: Com. Adams VCJI1:: Passed 5-0 WRITTEN COMMUNICATIONS: -In regard to Mr. Chua Lin's fence at 22213 Quintcrno Ct., Cupertino: -M<u-tan and Eiizabcth Mann and John W. Gudgeon, Attorney --Mr. Chua Lin and Mr. James N. Ono, Attorney -Ms. Velma J. Freitas, 11511 Upland Way, Cupertino -Mrs. Lucille R. Burt, compiimell!ing rhc Commission on v•mancc procedures -Dennis West, 10670 Cmdova Rd., Cupertino ORAL COMMUNICATIONS: -M:; Sonja Shurr, Cupcrrino Union Schood District, thankin1; Commission for road irnprovcnv~nts in the Collin·; School area. PLANNING COMMiSSlON MINU'J1!S Regular Meeting of Decembc11 l·l, 1987 Page 2 PC-533 CONSENT CALENDAR: None PUBLIC HEAHINGS: ITEM l. Application No(s) Applicant: Property Owner: Location: REZONING (8-Z-87) Ji:Jl.: 8I ... !18.:ll.:.8.l..11lli!...19 EA~-~87~----· w s;st 'li!JJmJ)_Q.I2!.'J_uJr-.C~L---·---- !9.~!21.b Frru1co • So11th\YS:..il..Ul'adraDJ..._!JQ.!neste;i.d_Rg an~lliLll!vd From CG (Genera.I C.ommercial) to P (Planned Development) with commercial intent USE PERMff (48-U-87) To construct and operate a 37,000 s.q. ft. expansion to an existing retail shopping center with related site improvements. FIRST HEARING CONTINUED ENVIRONMENTAL DETERMlNATION: Ni:gaf:ive Declaration TENTATIVE CITY COUNCIL HEARING DATE: January 4, 198!\ Staff PrS<sentniion_;, Mr. Piasecki reviewed the Application and stated t11at in compliance with the Commission's dfrcctive, the Applicant had revised the site plan to ckiminate a parking urea to t11e rear of the buildings. Commissioner Szabo nored that of the problems, only the first had been solved, namely: Parking area to the rear would be unused Proximity of the parkir.g area to the residential Mr. Piasecki agreed tf1at the proximity of the parking could potentially disrupt the adjacent residential area; he suggested alternatives to mitigate noise and visual impacts of this area. In addition, landscaping would screen the area in question. Appli£i!.rU's l~i:s;.s.rntalisrn: Mr. Lester Meu, Architect, reviewed design. revisions and land- scape screening which would provide scvcral laycrs'of buffering for the adjacent residential. In addition, all employee parking would be situated in the n~ar area. Applicants were amenable to Staff Recommendations. MOTION: SECOND: VOTE: Com. Adams moved to close tile Public l karing Com. S0rcnscn Passed Consensus reached that the Applicants had complied with the Co111mission's requests. Com. Szabo reiterated concerns regarding potential impacts to the adjacent residential. . MOTION: SECOND: vun:: Com. Adams moved the granting of a Negative Declaradon . Com. Sorensen Pas'.;cd 5-0 5-0 PLANNlNG COMMISSION MINUTES Regular Meeting of December 14, 1987 Page 3 PC-533 PUBLIC HEARINGS Continued MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: ITEM2 Com. Claudy moved to recommend approval of Application 8-Z-87 subject to the conclusions and subconclusions of this Hearing per the Model Resolution, Conditions 1-12. Corn. Sorensen Passed 5-0 Com. Claudy moved to recommend approval of Application 48-U-87 subject to the conclusions and subconclusions of this Hearing per the Model Resolution, Condition~ f-20, addi11g a Condition 21, allowing the Applicant to close off the emergency exit corridor fcnn REI; this corridor will not be counted in the park- ing requirements and floor area limitation. Com. Adams Passed 5-0 Application No(s) Applicam: 1-QPA-Wl and 52_-EA-81_ City J!LClill_e rt in o ----·----··-Localion: Cit vwicJ.r_·----··--- GENERAL PLAN AMENDMENT (1-GPA-87) 1 . Clarification that the Floor Arca Ratio bonus policy applies to the Traffic ~ntcnsity Performance Standard area. 2. Consider policies requiring rcsidcutial design <;tandards regulating height, bulk, and mass of single-family homes. FIRST HEARING CONTINUED ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE ClTY COUNCIL DATE: Jam11lry 4, 1988 St;1ff Prcserili.Uj.QJL Mr. Piasecki stated that Staff Report contained the information requested oy the Commi'.>Sion; actions available to the Commission were reviewed. Com. Mackenzie suggested that a special meeting of the Planning Commission be set aside for public testimony; such mecr.ing 10 be conduckd in an informal styk. Staff to publicize information on this meeting to obtain citi:r.cn input.and contact tJ1osc indi•1iduds and groups who have shown inlcrcsr in this issue. Ms. C<uolyn Moniz. Rcprc:-icn:ing tht: iluilding Industry Association, was favorable to the above suggestion. MOTION: Cont Sorensen moved to hold an Special Meeting of the Commission on .January 13, 19XE, at 7:30 P.tv1. in th\~ renovated City Hall. SECOND: Claudy VOTE: Passc(l 5-0 PLANNING COMMISSION MINUTES Regular Meeting of December 14, 1987 Page4 PC -533 PUBLIC HEARINGS Continued ITEM3 Application No.(s) Applicant: Propeny Owner: Location: Parcel Arca (Acres): REZONING (9-Z-87) 2-Z··8-1..i.J-TM-87.J!Dsi21-EA-87 Frcg..R.~.ni;;...,1 __ 1 -----·----------Y...ITnc Hall_ _ .EilliLllde Qf Baln,cy.Av~,_ l;x;tw~11au~1e~k ruill B..Q.Q1il!~\!£Z..hY~C~~~~~~ llU..!2SL From City Rl-10 (Single-family Residential, 10,000 sq. ft. minimum lot size) to City R 1-6 (Single-family Residential, 6,000 sq. ft. minimum lot size) zone TENTATIVE MAP {21-TM-87) To subdivide 1.56 gross acres into 7 parcels with lot sizes ranging from 6,500 sq. ft. to 8,000 sq. ft. f<IRST HEARING ENVIRONMENTAL DETER.MINA TION: Negative l)cclaration TENTATIVE CITY COUNCIL HEARING DATED: January 4, 1988. S!aff Pr<:~.DWtiQD..;, Mr. Cowan reviewed the Application and presented diagrams to illustrate alternative park plans; he noted the significant design constraints on this site, namely: Consideration of the potential Wilson Park expansion Traffic circulation patterns fi;ir tht~ area Development of subject property separate from 'development of adjacent properties Alternative subdivision plans were presented and reviewed. An.r.lican(<; Prcs~J1tation;. Mr. Marvin Kirkeby, Project Engineer, reviewed the various sub- division plans; cxt!rnp!es of other developments were cited. He noted that the Wilson Schcol site and the Gheno property development were undecided; Applicants, however, wished to develcp their property ur this time. !\tr. Kirkeby objected to having to improve both sides of the :>trcet and the half street not on the property; ~,fr. Cowan responded that the intent of the Condition was w provide sufficient space for a parking lane and two travel lanes. Mr. Kirkeby noted that the Applicants wen: already giving away 30 ft. of land to the City. !\Ir. Harold Ghcno, Adjacent prope11y owner, stated that in one plan, a street would be in back of his property; in so doing, they would lose one lot at '.mch time as the property were developed or sold. Ile objected to any plan that would diminish the value of his propeny. Mr. Cowan rcvi.1.::wcd alternative devcloprrn:nt plans anJ traffic circulation patterns. Mr. Kirkeby also commented on current tiaffic circulation patterns in ·he area. PLANNING COMMISSION MINUTES Regular Meeting of December 14, 1987 Page 5 PC-533 PUBLIC HEARINGS Continued Ms. Sonja Shurr, Cupertino Union School District, stated that the District did not object to the proposed rezoning provided that should the Board decide to sell Wilson School, the District expected equal privileges in rezoning as well as square footage allowed in the Pan Cal development. f..tCci~ions.regarding seve,rnl properties to be made in January. Mr. Fred Ghcno, Adjacent property owner, asked that alternatives be explored if a decision were not to be made at this time. Mr. Hm·old Gheno asked that they rccdve the same consideration regarding rezoning of their property as being considered for the subject property. Mr. Fred Reindl, Applicant, asked that the Commission make a decision and was favorable to (he subdivision design with a cul-de-sac; such would allow development of the park area. Howtver, applicants would accept either plan. MOTION: Com. Claudy moved to close the Public Bea.ring SECOND: Com. Sorensen VO'IE: Passed Com. Sorensen was favorable to either aitci:;1ar.ive plan for subdivision. 5-0 Com. Adams noted that p<irk meas should have a perimeter road; however, if the City did not acquire the adjacent park area, he questioned the best design for the subject property and noted that i.be Commission did not have complete information on adjacent properties .. Com. Claudy favored the General Plan Policy of having 5trects adjacent to park areas; there wen! Citywide benefits to be gained from such. Any problems with the backstop on Blaney Ave. could be mitigated. The City was under no obligation to allow maximum density on an_r property; hnwe;vcr, a decision on the Gheno property or the Wilson School site was not required at this time. · Com. Szabo concurred with the thf! above and noted the additional parking to be obtained. Consensus reached by the Commission that if the school site were developed residential, a row of houses would back up to the drainage channel; the cul-de-sac being considered could then be extended to service these houses. Corn. Adams questioned whether the Tentaivc Map Application could Ix dcl;\yc<l a monr.h. Mr. Kirkeby responded that they had aln:ady been delayed five weeks; he questioned whether the School District and the City would reach an agreement in tllc next month. He cited the cost to the City of this potential land acqui:.ition. MOTION: Com. Sorensen moved the granting of a Negative Declaration SECOND: Com. Claudy VOTE: Passed 5-0 MOTION: SE:COND: VOTl:: Com. Sorensen mov;:d to recommend approval of Application 9-Z-87 SLJbject to conclusions and subconclusions of this I fearing per the Model Rcs(llutioq. Com. Claudy Passed 5-0 PLANNING COMM1SSION MINUTES Regular Meeling of December 14, 1987 Page 6 PC -533 PUllLIC HEARINGS Continued MO'nON: Com. Sorensen recommended approval of Application 21-TM-87 subject to the conclusions and subconclusions o~· this Hearing per the Model Resolurion, Cond.itkns 1-14; Condition 15, adding a statement giving Staffdiscn~ssion regarding street design. SECOND: Com. Szabo VO'IE: Passed 5-0 Mr. Harold Ghcno noted his strong opposition to the above action; he felt that the design favored by the Commission would be unfair to him as an adjacent property owner. He noted that the Applicanr was agreeable to the al1ernatc plan suggestecf. NEW BUSINESS: ITEM5 Application 18-U-87 (Amended) -Apple Computer Day Care Ct~ntcr ·· A request to modify the original use permit. fu.uff Pres~li.P_n_;, Mr. Cowan reviewed the request for phasing of the proposed day care operation and presented the t-able comparir,1g the 1985 and 1987 approvals. Staff rccommendr.:d that the Commission find that this request was a minor amcndmenr; he: presented revised Conditions of Approval. .Arm.l.L0.111r's Pres~ntation; Mr. Glen Barber, Director of Real Estate and Facilities for Apple Computer, reviewed the history of the Application and stated that this request would allow a smaller scale start-up of the opcrntion. He usst1rcd the Commission that Apple intends to comply with all requirements of the Use Permit. Ms. Leslie Andrews stated that the proj~:cted date for full operation (installation of the modular units) would be mid-March or April, 1989. Ms. Sonj.i Shurr, Cupertino School District, clarified tile entrance to the rear of Portal School and reviewed the limitations of the lease agrecmcn~ Vv ith Apple. She ~lated that only the School Distirct could provide a fom1a1 casement agrcemcnl; however, St:.ff could prepare a letter to this effect. Agreements with the City were verbal agreements. Mr. Jim Martin, 10325 Plum Tree Lane, Cupertino, questioned the entrance to the duy care operation and asked to participate in the User Committee established by Apple. Ms. lv1ary Herrnsmeycr, 10450 N. Portal Ave., Cupcrtino, asked that a monument sign not. be permitted at this location; Chr. Mackenzie noted the procedures necessary to imtall such. Mr. Barber interjected that Apple would agree that there should be no such :>ign. Ms. lknnsmeycr asked that the six f')Onth report to Council be made after the center was in full operation and not merely afrcr a phased operation. Resident~ '.>vcre fomilar with raq1if- ications of having 70 children pres1:11t; they had not yer experienced impacts of 150 chilcln.:n. PLANNING COMMISSION MINUTES Re~ular Meeting of December 14, 1987 Page? PC-533 . l NEW BUSINESS Corftinue<l Ms. Andrews responded that they had no objection to an additional report six months after full operation of the Center. MOTION: Com. Claudy moved approval of a minor z.mendment of Application 18-U.-85 (Amended) to pennit phased implementation of an approved day cm·e facility, Conditions 1-5; v.dding Conditions tlrnt the Applicant shall agree to continue Lo allow the City to access the buildi1)g over leased property and that the User Committee shall make two repons, r1ne six months after initiation of the oper- ation and 011e six months after i.mplimentation of the second phase of the operation. · SECOND: Com. Adams VOTE: Passed 5-0 1TEM6 -Repon on the time scheduling of Planning Commission M1;cting. Consensus reached to meet at 7:30 P.M. OLD BUSINESS: -None REPORT OF THE PLANNING COMMISS!ON: • Com. Claudy noted that he asked for an investigation of a recently approved Use Permit REPORT OF THE PLANNING DIRECTOR: -Written Report submitted DISCUSSION OF NEWSPAPER CLIPPINGS: • None ADJOURNMENT: Having concluded its business, the Planning Commission adjourned at 9:25 P.M. to the next Regular Meeting of January 11, 1988 at 7:30 P.M. \ ' Respectfully submitted, ,/ I / /") / ;/ /; / .' / 1 / '/ ,// . ~' {_.· //. -.. /, I. -.. ,. .. ~/ / ."111\r // ... · .. 1 ,-1,(/..c:;. (. /'//,rp//',/ ~-+£.j.(,:_ _,...1..J..__.~~·--'.f.,.J:..:_~~U.t.Lr,i,O.d:.J-. Carol A. Probst-Caughey, / / Recording Secretary J' {/ I. I I i I l I PLANNING COMMISSION MINUTES Regular Meeting of December 14, 1987 Page 8 PC-533 --------------·--- ADJOURNMENT Continued Approved by the Planning Commission At the Regular Meeting of January i. l, 1988 ~ ~)~.~~~-­Doruud Mac, enz.ie, C · nnan . -------- Atte~t: -\ ~~ :,,,,/~ P'.??,. ,. --"-£.-~--Doro hy Co 'us, City Clerk .