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PC 03-08-2016 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING APPROVED MINUTES 6:45 P.M. MARCH 8, 2016 TUESDAY CITY COUNCIL CHAMBERS The regular Planning Commission meeting of March 8, 2016, was called to order at 6:45 p.m. in the Cupertino Council Chambers, 10350 Torre Avenue, Cupertino, CA. by Chairperson Takahashi. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Chairperson: Alan Takahashi Vice Chairperson: Margaret Gong Commissioner: Winnie Lee Commissioner: Don Sun Commissioners Absent: Commissioner: Geoff Paulsen Staff Present: Assistant Community Development Director: Benjamin Fu Assistant Planner: Sarah Filipe Consulting Attorney: Colleen Winchester 1. APPROVAL OF MINUTES: Minutes of the February 23, 2016 Planning Commission meeting: • Chair Takahaslai noted that references to Aarti Shrivastava should be changed to Benjamin Fu, as Aarti Sltrivastava was not present at tlze meeting. • Under Committee Assignments, Design Review Committee should read: Vice Chair Gong will chair that Committee and Com. Paulson will be the second member with Chair Takaliashi being tlie alternate. MOTION: Motion by Com. Sun, second by Com. Lee, and carried 4-0-1, Com. Paulsen absent, to approve the February 23,2016 Planning Commission minutes as amended. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: 2. R-2015-38 Consider an appeal of two-story permit to allow the Appellant: Biren Shah construction of a new 2,775 sq. ft. single-family residence. Mike Chen (Patel residence) (Appeal withdrawn) 18780 Tilson Avenue � � Cupertino Planning Commission 2 March 8, 2016 MOTION: Motion by Vice Chair Gong, second by Com. Sun and carried 4-0-1, Com. Paulsen absent,to remove application R-2015-38 from the agenda as appeal was withdrawn by Appellant Biren Shah. ORAL COMMUNICATIONS: Jennifer Griffin,Rancho Rinconada resident: • Said it has come to light recently that there may be a need to have storypoles replaced in Cupertino. Storypoles were currently part of the R1 ordinance until about 4 years ago and having gone through several building projects in her neighborhood where the storypoles were intact, it kept the neighborhood peace. Everyone has increased property value. Someone chooses to build a home in Cupertino; the neighbors have a significant value in their property; it is wise to make sure that everyone is happy; they are able to see new construction that is going in; property in Cupertino exceeds a million dollars. All the neighbors have the right to have their voices heard when there is something going in next to them. Of course the properly owner who purchased the property has the right to put up a home that they desire that is hopefully within the constraints to the R1 ordinance; they want to keep the neighborhood peace. She said the storypoles were a hard fought battle that came in about 2003; storypoles were accepted in the county at the time of the annexation, and were adopted in Cupertino shortly after that. She said she felt because there have been several projects recently that have upset the neighborhood peace, it might be wise to accept them again. Los Altos and Los Gatos both have storypoles; Los Altos has recently required new commercial construction to have storypoles. You cannot have a 12 story building and there may be ways of doing this for storyoles. Los Gatos is currently going through something like that with a new project. She said she felt that storypoles are an excellent tool that saves time for everyone and it keeps the neighborhood peace and it also cuts down on the time and money that has to be spent for the Planning Department City resources when something is contested. Said down the road they may want to bring back storypoles. Keith Colter, 19090 Meiggs Lane, Cupertino: • Said he did not object to anyone building a two-story home; if somebody is the owner of a house, and as long as it is not creating any hazard and it is built according to standards, his opinion is that the owner of the house should be permitted to build it. Said there were a number of two-story homes built on his street; however, were not addressed onto his street. Both back neighbors have two stories and look into his yard and he never considered invasion of privacy. Said he did not have any issues if someone wants to build a two-story home. Chair Takahashi closed the Oral Communications. CONSENT CALENDAR: None PUBLIC HEARING: 2. U-2015-10 Use Permit for a separate bar at a proposed restaurant located in the Alex Miramare Ninteen800 (formerly Rosebowl)Mixed Use Development (Doppio Zero Pizzeria) 10088 N.Wolfe Rd#120 Sarah Filipe,Assistant Planner, presented the staff report: • Reviewed the application for a Use Permit for a separate bar in Doppio Zero Pizzeria; reviewed the project site, operational details, parking, security and Environmental Assessment, as outlined in the Cupertino Planning Commission 3 March 8, 2016 staff report. Staff recommends that the Planning Commission adopt the resolution to approve the Use Permit. Com. Sun: • Said he recalled that within the last 6 months in this particular area they received several applications regarding the separate outdoor bar applications and mostly discussed increasing the outdoor activity. Said he didn't have any objection but was curious why the business owner didn't apply at the beginning when they apply for the outside area to have sitting area outside; why does it come in as a separate application for an outside area? Is there some reason behind it? The business owners are smart and have business experience in other cities but it is a very unique situation that people always come and make another application for outside bar area. Benjamin Fu: • Responded that sometimes with these kinds of businesses, the operator may have a change in their operational system. It may be better to have the applicant speak on their intent and why they file separately. They have the option to come in and legalize the main use of the restaurant and subsequently come in for alcohol licenses; it is also up to ABC; perhaps the alcohol license may take more time and they want to make sure there is an actual Use Permit for the use itself before they process it. Sarah Filipe: • Said the restaurant is allowed to have outdoor seating. They would have to secure a use permit only if the outside seating exceeded 20% of the indoor seating; if it did not, they would not have to go through a use permit process. Benjamin Fu: • Said for point of reference, the adjacent area is the location for the stein beer garden which had significant outdoor seating. The applicant did not speak. Chair Takahashi opened the public hearing. Jennifer Griffin,Rancho Rinconada resident: • Said the proposed pizzeria was an excellent use of the area and it would provide a family oriented restaurant. She asked staff to explain the different types of licenses for beer and wine or mixed drinks. Benjamin Fu: • Said that the restaurant was applying for license type 47 which is on sale general for bonified public eating places only; a full service restaurant type. There are different type of licenses for different type of uses. ABC regulates that and are listed on their website. Verified that it was for general alcohols, mixed drinks as well as beer and wine. Chair Takahashi closed the public hearing. Com. Sun: • Asked the applicant the reason for applying for outdoor seating separately. i Cupertino Planning Commission 4 March 8, 2016 Alex Miramare,Applicant: • One reason which was part of their concern was the permit is holding up their building permit. They are not issued building permits until this use permit is granted. As a scheduling issue,they don't wish to take too much time with the proper design of an outdoor area when they have months of construction being held up. They are still considering outdoor seating and is not something that has been fully decided yet. Com. Sun: • Said it is a very easy case, not much questions or challenge, they have previously discussed similar situations. Said he did not see any conflict with current regulations, or city ordinance, and would support it. MOTION: Motion by Com. Sun, second by Com. Lee, and carried 4-0-1, Com. Paulsen absent, to approve Use Permit U-2015-10 for a separate full service bar ancillary to the Doppio Zero restaurant. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environmentat Review Committee: No meeting. Housing Commission: No meeting. Economic Development Committee Meetin�: No meeting. Mavor's Monthlv Meeting With Commissioners: Com. Lee reported on the following: The Citizens Initiative has 3700 signatures which is enough for the Nov. election but may not be enough for special election. The Mayor said the city will probably have to spend '/z million dollars for Council for the initiative; discussed population increases in the area; talked about a second library in the Vallco Center; Parks and Rec made report; revisiting the Stevens Creek Corridor and Parks Master Plan; publicizing the Big Bunny Fun Run; went to Stocklmeir to pick oranges for community services; had ongoing discussion with golf course; irrigation not very good; Bike Ped Comm. 5 yr bike plan, class 4 bike lane; class 1 trails; Teen Comm. Walk One week held; Apr 2 career forum to be held; Library Comm working on work study program; poet laureate program; Cupertino hosting Silicon Valley reads March 20, Public Safety Comm .... Pulse point, and Cupertino alert system, getting more people to sign up for educational forums; seminars on residential burglaries .. TIC Comm—held cyber security seminars 30 attended 3. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: City Council accepted Planning Commission recommendation to appoint Chair Takahashi to ERC; City Council received certification of sufficiency for the initiative petition submitted by Cupertino residents for a sensible zoning action committee; Council called for a special meeting for last week in March to receive the report and make a decision regarding the petition. Cupertino Planning Commission 5 March 8, 2016 ADJOURNMENT: • The meeting was adjourned�`o n,e�t Planning aommis�sio�tr�e,gting on March 22, 2016 at 6:45 p.m. _ �, �;;f:.; :��:-'.r._ � �-`�`-- Respectfully Submitted: �`,� Elitiabeth Ellis, Recording Secretary Approved: As presented Apri126, 2016