PC 01-10-94
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA. 95014
(408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON JANUARY la, 1994
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present:
Chairwoman Austin
Vice Chairperson Mahoney
Commissioner Roberts
Commissioners Absent:
Commissioner Doyle
Robert Cowan, Director of
Community Development
Ciddy Wordell, City Planner
Colin Jung, Associate Planner
Michele Bjurman, Planner II
Thomas Robillard, Planner II
Staff Present:
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Roberts moved to approve the minutes of December 13,
1993, as presented
Com. Mahoney
Passed 3 - 0-1
Com. Doyle
POSTPONEMENTS OR NEW AGENDA ITEMS:
Item 4:
Item 5:
Item 6:
Item 7:
MOTION:
App1ication 6-EXC-93 Lotus Development & Constr. Inc
22661 San Juan Road - Removed from Calendar
1\pplication 7-EXC-93 Lotus Development & Constr.. Inc
22801 San .Juan Road - Removed from Calendar
Application 8-EXC- 93 - Larry Miller. 11835 lJpland Way (Lot
1l - Continued to the Planning Commission Meeting of January
24, 1994.
Application 9-EXC-93 - Larry Miller. 11835 U~land Way (Lot
2l - Continued to the Planning Commission Meeting of January
24, 1994.
Com. Mahoney moved to remove items 4 & 5 from the Calendar
and continue items 6 & 7 to the meeting of January 24, 1993.
PLANNING COMMISSION MINUTES
Regular Meeting of January lO, 1994
Page 2
SECOND:
VOTE:
ABSENT:
Com. Roberts
Passed
Com. Doyle
3-0-1
WRITTEN COMMUNICATIONS:
- No Discussion
ORAL COMMUNICATIONS:
- None
CONSENT CALENDAR:
1.
Application No:
Applicant:
Property Owner:
Location:
6-ASA-93
Robert H. Lee & Associates (Chevron USA)
Chevron USA Products
10023 S. De Anza Blvd.
Architectural review to add three illuminated spanners between
gasoline dispensers, and to exceed the number of building signs
for a commercial building allowed by Chapter 17.24 of the
Cupertino Municipal Code.
2. Application No. 8-ASA-93
Applicant: Sign Designs
Property Owners: Kinkos
Location: 10991 De Anza Blvd.
Architectural review for a roof-mounted sign, in accordance with
Sections l7.24.060(B) and 17.24.l80(F).
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Mahoney moved to approve the Consent Calendar
Com. Roberts
Passed
Com. Doyle
3-0-1
PUBLIC HEARINGS:
3.
Application No(s)
Applicant:
Property Owner:
Location:
32-U-85 (Modification) and l2-EA-93
Rancho San Antonio Ret. Housing
Rancho San Antonio Ret. Housing
Property Line at 1-280
USE PERMIT Modification to construct sound mitigation walls or
berm adjacent to Interstate 280.
Staff Presentation: Planner Robillard presented the staff dated
January 10, 1994 noting the applicant is proposing to build a
sound/visual barrier across a large swale and adjacent to unit 9 and
1-280. He stated noise from the freeway was recognized as a problem,
so units were constructed with sound mitigating glass. He noted noise
is not a problem within the units, but on the balconies and walkways.
Mr. Robillard reviewed General Plan Policy 6-36 and noted that staff
believes a wall will create a greater negative visual impact for the
PLANNING COMMISSION MINUTES
Regular Meeting of January la, 1994
Page 3
Forum residents as well as from the freeway. He stated that other
options should be explored before building a wall. He noted the
applicant's options are to install a berm across the swale with a
sound wall on top of the berm. He stated the wall height would be
approximately 8 ft. Option two is a wall, 2 a ft. at the highest
point.
Planner Robillard noted in 1991 trellis were approved by ASAC to
address the view problem. He stated the landscape perspectives
provided by the applicant are not an accurate perspective from the
site or the freeway. He stated staff recommends that this item be
continued in order for the applicant to present a better
representation of what the wall will look like through a photo
montage.
In response to Com. Mahoney's question, Planner Robillard stated after
looking through records he found no evidence of the sound wall to be
built by Cal-Trans. He noted the distance from the edge of pavement
to the closest unit is approximately 135 ft.
Annlicant Prp.RP-ntation: Mr. Gabe Markinsohn, Forum Group, stated the
original design of the project did consider the visual/sound barrier
in this location. He stated Cal-Trans was planning to construct a
sound wall in this location, but changed plans. He added the noise is
a nuisance for people living at the Forum and noted 1-280 is one of
the busiest highways in this part of California. Mr. Markinsohn noted
seven units are not occupied because of noise and they are not in
support of the other options suggested by staff.
Mr. Markinsohn stated the goal is to build a berm with as little wall
as possible. They have met with Cal-Trans and got a verbal agreement
for encroachment on their property. He presented photos showing the
view from the Forum and the freeway.
Mr. Charles Salter, 130 Sutter Street, San Francisco, believes there
is a misunderstanding in the staff report with regards to the
alternatives. He stated they would need to plant a forest of trees to
have a 10 decibel affect. He noted the only way to reduce noise is by
blocking the sound. He noted a high berm with landscaping and a small
wall will reduce the noise between 5 and 7 decibels. He stated to
plant the vegetation, as suggested by staff, will not be effective.
Mr. Markinsohn stated the size of
can encroach on Cal-Trans property.
no more that 15 ft.
the wall depends on how much they
He noted the total height will be
Mr. Bret Melendy, Board of Directors, Housing corporation, stated he
has been a resident at the Forum since November 1991. He noted he is
representing the views of 315 Cupertino citizens who live at the forum
and noted these residents plan to spend the rest of their lives in
Cupertino. Mr. Melendy presented a petition to the Commission in
favor of the sound/visual barrier. He noted noise is a problem
throughout the proj ect. He noted many residents walk for health
PLANNING COMMISSION MINUTES
Regular Meeting of January lO, 1994
Page 4
reasons and the noise and the view of rushing traffic interfere with
what is otherwise a serene environment. Mr. Melendy stated that the
sound/visual barrier proposed, according to staff, will create a
negati ve visual impact. He asked upon whom this impact will occur,
the neighbors or the drivers on 280 who will at 60 miles an hour have
about a three second interval? He added on behalf of the residents
they would appreciate an immediate positive endorsement by the
Commission of Option three as set forth in the staff report. Mr.
Melendy presented a copy of his comments for the record.
In response to Commissioners questions, Planner Robillard explained
the noise levels taken from several balconies and reiterated that
noise is not the problem from within, just outside the units.
Chr. Austin stated there is a need for some kind of mitigation. She
noted she would like to see a photo montage before moving forward.
In response to Com. Roberts question,
as pointed out by Mr. Salter, it would
affective sound barrier.
Planner Robillard stated that,
take a forest of trees to be an
In response to Com. Roberts question, Mr. Salter stated that a five
decibel change level is considered to be a just noticeable difference
in environmental noise.
Com. Roberts stated this situation needs careful
important to both the residents in this community
added he would like to see a photo montage.
study and it
and outside.
is
He
Com. Mahoney stated seeing the development over the swale got peoples
attention and he does not want to see a wall there. He added he would
like confirmation from Cal-Trans regarding the encroachment for the
berm.
Chr. Austin expressed concern about the visual impact of the wall. She
noted she can understand the necessity, but this needs to be reviewed
carefully. She spoke in favor of continuing this item in order to
receive a photo montage.
SECOND:
VOTE:
ABSENT:
Com. Roberts moved to continue 32-U-85 to the meeting of
February 14, 1994, with the request that the applicant
provide a photo montage and more specific information.
Com. Mahoney
Passed 3-0-1
Com. Doyle
MOTION:
8.
Application No:
Applicant:
Property Owner:
Location:
39-U-83
Rosalind Cardia
Byer Properties
10594 South De Anza Blvd.
Appeal of Director's decision to grant a one year extension of a
temporary storage building.
PLANNING COMMISSION MINUTES
Regular Meeting of January lO, 1994
Page 5
Staff Presentation: Planner Bjurman presented the staff report and
outlined the location of the property. She noted the appeal is for a
one year extension for the storage container for the Plumbing Bank.
She stated in a letter from staff dated 1992, the applicant was
granted a one year temporary use permit for a storage container, with
the possibility of an additional one year, subject to them storing
materials that are directly related to the retail sales of plumbing
fixtures. She noted the primary concerns of the appellant has to do
with the general commercial ordinance which prohibits plumbing shops
and secondly the reliability of the performance standards. Ms.
Bjurman noted, currently the general commercial ordinance specifically
prohibits plumbing shops in a general commercial zone. She noted the
term "Plumbing Shop" is not defined. Staff recommends that the
Planning Commission set a public hearing to review the ordinance and
to define "Plumbing Shop". Ms. Bjurman reviewed the performance
standards as outlined in the staff report and stated these need to be
addressed in the public hearing, as recommended by staff.
In response to Com. Mahoney's
container is temporary and
alternatives for storage.
question, Ms. Bjurman stated the storage
the property owner must find other
Mr. Cowan addressed the commercial ordinance which was written 25 to
30 years ago which lists many excluded uses and the Planning
Commission needs to review this to make it clearer as to its intent.
He stated staff needs more definition and the ordinance should reflect
current retail activity.
Mr. Eugene Adrain, Clay Street, Appellant, addressed letters from
staff which indicates that staff was not going to approve this
project. He noted this business is supposed to be retail and by
allowing plumbing installation is allowing a larger number of trucks
and more traffic. He presented photo copies of a phone book which
listed Cupertino Plumbing under plumbing contractors.
In response to Com. Mahoney's question, Mr. Adrain stated the major
problem is the type of activity.
Ms. Susan Adrain, Clay Street, stated her home is not shielded from
the shop or the noise. She presented photos to the Commission
outlining the activity on the site. She noted this business is not
conducting strictly retail sales and asked how the City will monitor
how much plumbing this business is doing? She added that all
materials are supposed to be inside and if the storage container was
removed this would eliminate some of the noise.
Ms. Rosalind Cardia, 10594 S. De Anza Blvd., gave some background
information on this business. She noted they do copper re-piping and
the two names are for the one business which is family run. She noted
they are seeking alternatives to the storage container and will
hopefully remove it this coming year. Ms. Cardia showed pictures of
their property and storage shed. She also showed pictures of other
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page 6
properties within the City regarding trash enclosures and storage
containers. She stated they have tried to meet with the Adrain IS
requests and have dealt with complaints they have had. Ms. Cardia
stated they have planted ash trees along the back of the Adrain 's
property and have attempted to reduced both the noise levels and the
visual impacts. She stated they would like an extension for the
storage container at this time.
Mr. Wang, 20398 Clay Street, stated he is opposed to the storage shed.
He stated the issue is whether the ordinance will allow contracting in
this location and this needs to be addressed. He noted he recently
installed double pane windows to address the noise problem. He asked
about the noise ordinance?
Planner Bjurman stated a general commercial business is allowed to be
operated from 7 a.m. to 11 p.m. with the exception of deliveries which
is B a.m. to B p.m.
Mr. Wang stated that his property value is being hurt because of
trucks and noise at the back of this center. He noted he would like
to see proof that permanent storage is being looked into and would be
against an ordinance that would allow contracting.
Mr. John Statton, Chamber of Commerce, stated the Chamber supports the
extension of the storage container and feels the extension is
appropriate. He stated this is a clean lot and the container is not
obtrusive. Mr. Statton stated the Plumbing Bank has worked with the
neighbors and stated this center is becoming a vital commercial center
for Cupertino. He stated the Plumbing Bank is a good neighbor and the
larger issue is the out dated ordinance, as business has changed. He
noted that there is an ongoing problem in Cupertino between residents
behind shopping centers, but believes people buy their property
knowing the center is there. He stated he would like to see approval
for the extension.
In response to Com. Roberts question, Ms. Cardia stated she had a car
stereo installed in this area many years ago.
Ms. Adrain stated the pine trees were a fire hazard and she asked for
them to be removed and suggested replacing them with ash trees. She
noted she moved into her house in 1977. Ms. Adrain suggested a sign
that would require engines to be turned off while delivering or
waiting.
Com. Mahoney stated the real issue is, whether this is the right type
of business for this environment and meeting the spirit of the
ordinance? He stated this business appears to be appropriate at this
time and would support the extension for the storage container for one
more year only. He added that the commercial ordinance should be
revisited and he would support the sign, as suggested by Mrs Adrain.
Com. Roberts stated he concurs with Com. Mahoney's comments, but noted
it disturbs him to see a business operating at this location which is
PLANNING COMMISSION MINUTES
Regular Meeting of January lO, 1994
Page 7
not a retail operation. He asked staff to look into the question of
whether the operations of Cupertino Plumbing are at odds with the
general understanding of what should be allowed in a general
commercial zone. He spoke in favor of approving the extension for six
months and this should be the last time.
Chr. Austin expressed concern about the lack of communication between
the neighbors and the business. She stated deliveries should be
limited, but this is a useful business and would like to see it
succeed. She supports the sign, as addressed by Mrs Adrain. She spoke
in favor of the extension for six months to a year with no more
renewals. Chr. Austin stated she would like to review the ordinance.
MOTION:
SECOND:
VOTE:
ABSENT:
9.
Com. Mahoney moved to recommend approval of 39-U-B3 for a
one year extension subject to the findings and
subconclusions of the hearing and also at a future time
initiate a public hearing to review the General Commercial
Ordinance; sign should also be installed relative to cars
running their engines.
Chr. Austin
Passed 3-0-1
Com. Doyle
Application No:
Applicant:
Property Owner:
Location:
10-EXC-93
Harlan Sethe
Same
11B45 Upland Way
EXCEPTION for an
greater than 30%
Municipal Code
addition to an existing residence on
in accordance with Section 19.40.050
slopes
of the
Staff Presentation: Associate Planner Jung presented the staff report
dated January 10, 1994. He stated the exception is to build an
addition onto a single family home. Mr. Jung showed a map and
reviewed the additions to be made. He noted this land is bordering on
the Midpeninsula Open Space and sits just below the ridge line. He
noted both additions are one story and will be compatible to the
existing building. Mr. Jung stated staff recommends approval. He
also stated that the house is screened by foliage, not indicated on
the map.
Applicant Presentation: Mr. Harlan Sethe, llB45 Upland Way, stated he
will answers any questions of the Commission.
Com. Roberts stated this is a reasonable request.
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Roberts moved to approve application 10-EXC-93 subject
to the findings and subconclusions of the hearing.
Com. Mahoney
Passed 3 - 0-1
Com. Doyle
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page B
lO.
Application No:
Applicant:
Property Owner:
Location:
ll-EXC-93
Mark Sandoval, Architect
Joseph and Xenia Czisch
11845 lJpland Way
EXCEPTION to construct a new residence on slopes greater than 30%
in accordance with Section 19.40.050 of the Municipal Code.
Staff Presentation: Associate Planner Jung presented the staff report
outlining the background as written in the staff report. He noted the
exception is to construct a new resident on a slope greater than 30%.
He addressed the resolution regarding the subdivision and noted two of
the Commission's concerns at that time were the 12" oak tree which was
to be preserved and the visibility of high retaining walls near a
prominent ridgeline. He stated it should be noted that the
development proposed on the Tentative Map did not represent an actual
building plan, but was a hypothetical model developed to address the
Commission I s concerns and this is what was approved in terms of the
grading concept.
Mr. Jung reviewed the applicant's development proposal noting it is
substantially different from the approved hypothetical development in
size, grading, arrangement of spaces, etc. He noted the applicant has
effectively incorporated numerous design features to reduce the
visible mass of the building. He noted while the ordinance itself
addresses the visual impacts of the house, it does not address the
retaining walls. He stated the house does meet most of the criteria
in the RHS ordinance, but staff is concerned about visual mass. He
noted the architect has proposed landscaping to screen the walls, but
staff is not confident that the proposed landscaping will screen the
retaining walls given the steepness of the slope and lack of soil
depth. Mr. Jung stated staff is not recommending approval, but if the
Commission does find merit in the building proposal, staff recommends
that the exception be continued to a later date, to be heard with the
Tentative Map amendment.
In response to Com. Roberts question regarding earth removal,
stated there will be a substantial amount of grading,
ordinance states a maximum amount of grading allowed.
Mr . Jung
but the
The Commission briefly discussed the "window period".
stated plans had to be submitted before November 15, 1993.
Mr . Cowan
Applicant Presentation: Mr. Mark Sandoval, Architect, presented
photos to the Commission of existing homes in the areas, he also
submitted a landscaping plan. He showed examples of houses without
retaining wall and presented plans of the proposed home with retaining
walls. Mr. Sandoval reviewed the landscaping plan and presented an
arborist report to the Commission, noting the oak tree, as addressed
in the report, is not in danger with the proposed house.
Com. Mahoney questioned the third story element and Mr. Sandoval
stated this is a basement which is submerged into the hill.
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page 9
~
Com. Roberts asked if the City has a reason to be concerned about the
use of landscaping as a screening device because of fire safety.
Mr. Sandoval stated the landscaping plan does meet with fire
department standards.
Mr. Jung stated the fire department has been concerned about hillside
vegetation and will look into the ordinance regarding this.
Com. Mahoney stated one of the major issues is the retaining walls.
Mr. Sandoval stated the retaining wall issue is to be more sympathetic
to the hillside and create more flat area. He believes they have
addressed the concerns and issues raised by the City Council and the
application submitted meets the spirit of the ordinance and the
General Plan.
Mr. Harlen Sethe stated there is a wide road around the property for a
fire break.
Chr. Austin closed the public hearing.
Chr. Austin stated she concurs with the staff report and expressed
concern about mass grading. She stated she will not support this
application at this time and believes the house is too large.
Com. Mahoney stated, in general, the project is acceptable, but would
support continuing this item as recommended by staff.
Com. Roberts stated he is impressed with the architecture, but would
recommend a continuance at this time. He believes there is a matter
of fairness with all these proposals, and in this case the architect
has designed a structure which conforms with the spirit of the
ordinance. He stated the proposal is in the right direction, but
would like more information regarding the screening with landscaping.
Mr. Cowan stated staff will come back with a revision to the Tentative
Map and the recommendation can be made at that time.
MOTION:
Com. Mahoney moved to continue item ll-EXC-93 to February
14, 1994, in order to reconcile the conditions of the
tentative map with the exception and review the issue of
landscaping as screening.
Com. Roberts
Passed 2-1-1
Chr. Austin
Com. Doyle
SECOND:
VOTE:
NOES:
ABSENT:
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page 10
11.
Application No:
Applicant:
Property Owner:
Location:
14-U-93
Hong Fu Restaurant
Marian and Allan Byer
20588 Stevens Creek Blvd.
USE PERMIT for an expansion of an existing restaurant.
Staff Presentation: Planner Bjurman presented the staff report
outlining the location of the property. She stated the proposal is to
expand the floor area by 2,000 sq. ft. for storage, lounge and banquet
area. She addressed the parking and noted, if approved, there will be
a six space deficiency, which is insignificant overall, considering
the total number of spaces available at the varied peak parking
demand. Planner Bjurman noted the previous tenant had a large lounge
and staff has created a condition that the lounge and restaurant will
operate concurrently. Staff recommends approval.
The public hearing was opened.
Applicant Presentation: Ms. Debbie Wong, Hong Fu Restaurant, stated
staff has clearly indicated their request. She noted they have
established a good reputation as a restaurant and have supported many
school activities throughout the City. She noted the main purpose for
the expansion is to add lunch seating and a waiting area. Ms. Wong
noted, with the expansion, they will provide a larger dumpster and
more frequent garbage pick-ups, if necessary.
In response to Com. Mahoney's question, Ms. Wong stated their kitchen
plans will not change with the expansion. She noted the Bay Area Air
Quality Management District has visited her establishment twice and
have no complaints. Regarding the exhausts, Ms. Wong stated they have
contacted vendors, who indicated they have installed many of these
exhausts throughout Santa Clara County and they meet standards.
Planner Bjurman stated she contacted the Bay Area Air Quality
Management District, who indicated they received one complaint from a
neighbor, but found no violation or public nuisance, so no further
action will be required.
Mr. Robert Yuau, Hong Fu Restaurant, apologized to the neighbors
regarding odor from the garbage. He stated their business has tripled
from opening and believes communication has broken down between the
restaurant and neighbors. Mr. Yuau addressed the letter received from
a neighbor and noted the smell the neighbor is complaining about is
from the cooking. He stated BAAQMD did visit the site and had no
complaints, as addressed by Ms. Wong. He noted they have taken care
of the garbage problem and have instructed employees to keep the
garbage bins clean. He stated the reason for this use permit is
because of the parking issue and the odor is not breaking the law. He
pointed out that the exhaust fan is on the roof.
Mr. Merlin A. Hansen, 20571 Scofield Dr., outlined the location of his
property and noted he has been in this house since 1979. He expressed
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page 11
concern about the garbage and will not appreciate the extra trips by
the garbage company because of noise in the early morning hours. He
stated the BAAQMD is more concerned about hazardous conditions and not
about City Ordinances or neighborhood resolutions. He stated he would
be happy to put the applicant in touch with companies who specialize
in clean up using high technology. Mr. Hansen expressed concern about
the smell from the restaurant and would like to work with the owners
and the Planning Commission to make improvements. He suggested a
condition be added to the use permit to address a better solution.
Mr. James Lepetich, 20570 Scofield Dr., stated he does frequent this
restaurant, but signed the petition for several reasons. He stated
the odor from the fan is strong and he visited the site yesterday and
the garbage bin was overflowing. He stated his main concern is food
lying around and causing a health problem and maybe promoting the
growth of rats. He noted the time of garbage pick-up would be a
concern.
Mr. Roy Smith, 20585 Scofield Dr., stated last year he could not use
his patio in the Summer because of the odor. He stated the odor from
the restaurant comes directly into his home. Mr. Smith noted the
BAAQMD talked to his wife and indicated they are not concerned with
odor, but more concerned about toxics. He stated the odor is the main
concern and noted they did not have this problem with the previous
tenant.
Mr. Jeff Dias,
1986 and never
to the odor.
existing tenants
Scofield Dr., stated he has lived in his house since
had any problems with the previous tenants with regards
He noted the air exhaust has been changed by the
and this causes the odor problems.
Ms. Wong stated they will do whatever necessary to solve the garbage
problem. Regarding the exhaust, Ms. Wong stated she will talk to
specialists to solve the concerns of the neighbors. She noted she
will also be willing to talk to neighbors.
The public hearing was closed.
Com. Roberts stated the application has merit, but believes there may
be a cultural confrontation with regards to the odors. He stated he
supports the lounge and would like to see the project approved to meet
the neighbors concerns. He added the neighbors and applicant should
meet to discuss solutions to their concerns.
Com. Mahoney stated he would like to continue this item to receive
more input on the exhaust fan. He noted he would like to see if the
problem can be resolved.
Chr. Austin spoke in favor of approving the application because the
applicant is willing to meet with the neighbors and have already taken
care of the garbage. She stated it is good business for the
restaurant owners to work with the neighbors.
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page 12
Com. Roberts asked about the applicant retaining a consultant to meet
with staff to address the exhaust and find out if there are any
solutions?
Mr. Cowan stated the Planning Commission can direct staff to prepare a
report for neighbors and restaurant owners regarding solutions to the
ventilation system.
MOTION:
Com. Roberts
request that
and economic
Com. Mahoney
Passed
Com. Doyle
moved to continue application 14-U-93 with the
staff compile a report regarding the technical
feasibility of controlling odor emissions.
SECOND:
VOTE:
ABSENT:
3-0-1
NEW BUSINESS:
12. Applicant: Summerhill Homes. 21875 - 21881 Stevens Creek Blvd.
Consideration of an request to set a public hearing for a General
Plan amendment to change the designation of APN 326-19-117 from
Commercial/Residential to Residential.
Staff Presentation: City Planner wordell presented the staff report
and outlined the location of the property on the General Plan Map.
Ms. Wordell outlined the prior plans for this site and stated the
zoning on the site allows for neighborhood commercial, light
industrial and residential 4-12 units per acre. Ms. Wordell stated
the review procedure for a General Plan amendment has two stages: A
determination whether the request warrants a public hearing for
further consideration; and 2) A determination whether the request is a
minor or major development.
Ms. Wordell outlined the tests which must be considered and met in
order to initiate a public hearing. She noted the applicant is
requesting only residential use which requires a General Plan
amendment to remove the commercial use. She noted staff recommends
that the Planning Commission recommend that the City Council set a
public hearing at the soonest possible date in order to consider an
amendment to the General Plan for this parcel.
In response to Com. Roberts' question, Ms. Wordell stated one of the
reasons the City Council left the policy as it currently stands, which
allows for some element of commercial, is because there is a long
history on the part of the neighbors, to retain commercial use.
Ap9licant Presentation: Mr. Rick Denman, Summerhill Homes, stated they
are asking for support to have the public hearing. He noted they have
had two neighborhood meetings and the neighbors are looking for a
landuse which is compatible with the neighborhood. Mr. Denman reviewed
the background of this property and how they acquired it.
The public hearing was closed.
~
PLANNING COMMISSION MINUTES
Regular Meeting of January 10, 1994
Page 13
MOTION:
Com. Mahoney moved to recommend to the City Council that a
public hearing be set for a General Plan amendment to change
the designation of APN 326-19-117 from commercial/
residential to residential and to expedite the hearing
subject to the findings and subconclusions of the hearing.
Com. Roberts
Passed 3-0-1
Com. Doyle
SECOND:
VOTE:
ABSENT:
13. Scope of Heart of the City Specific Plan.
Staff Presentation: Planning Director Cowan stated staff will present
to the Council on January 18, 1994 a budget and a work program for the
Stevens Creek Blvd. Specific Plan. He addressed the citizen
participation program and suggested the Planning Commission meet with
various neighborhood groups.
There was a consensus of the Commission to recommend adoption of the
proposed specific plan scope of work and informal citizen
participation program.
14. Election of Chairperson and Vice-Chairperson.
MOTION: Chr. Austin moved to nominated Com.
Chairperson
SECOND: Com. Roberts
VOTE: Passed
ABSTAIN: Com. Mahoney
ABSENT: Com. Doyle
MOTION: Com. Roberts moved to nominate Com.
Chairperson
SECOND: Com. Austin
VOTE: Passed
ABSENT: Com. Doyle
Mahoney as the
2-1-1
Doyle
as Vice
3-0-1
REPORT OF THE PLANNING COMMISSION:
- None
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
Mr. Cowan stated he needs a commitment from the Planning Commissioners
regarding their attendance at the Planners Institute.
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None