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PC 01-24-94 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 -\ I (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 24, 1994 SALUTE TO THE FLAG: ROLL CALL: Chairwoman Austin Vice Chairperson Mahoney Commissioner Doyle Commissioner Roberts commissioners Present: 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: Com. Austin amended the minutes of January 10, 1994, as follows: Page I, Commissioners Present, remove Commissioner Bautista. MOTION: SECOND: VOTE: Com. Austin moved to approve the minutes of January lO, 1994, as amended Com. Roberts Passed 4-0 POSTPONEMENTS OR NEW AGENDA ITEMS: Item 2: Item 3: Item 4: MOTION: SECOND: VOTE: ApPlication 2-GPA-93. 3-Z-93 and 14-EA-93, Cecil Mahon. West side of Regnart Road - Continued to the Planning commission Meeting of February 14, 1994. Application 8-EXC-93. Larry Miller. ll835 Upland Wav (Lot 11 - Removed from Calendar. Application 9-EXC-93. Larrv Miller. 11835 lJpland Way (Lot II - Removed from Calendar. Com. Austin moved to postpone February 14, 1994 and remove calendar. Com. Doyle Passed item 2 to the meeting of items 3 and 4 from the 4-0 r- WRITTEN COMMUNICATIONS: - No discussion PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 2 ~. ORAL COMMUNICATIONS: - None CONSENT CALENDAR: 1. Application No: Applicant: Property Owner: Location: 7-ASA-93 SSOE, Inc. Byer Property 20730 Stevens Creek Blvd. Architectural review to modify the entrance to an existing store. Com. Austin requested the removal of item 1 for discussion. staff Presentation: Planner Robillard presented the staff report noting the proposal is to modify the elevation facing stevens Creek Blvd. and the elevation facing West. Planner Robillard handed out a color board to the Commission and noted the changes include combining the two front entrances, placing stucco over the split face block and exposed aggregate walls, placing a new canopy over the entrances, and changing the color of the wall mounted signs. Planner Robillard reviewed the colors to be used in the remodeling, and noted staff does not have any objections to the remodeling, but felt the colors proposed should be discussed. ADDlicant Presentation: Ms. Laura Done, SSOE, stated the design proposal gives Mervyns a face lift and the color proposed is in keeping with the existing building. She noted that Mervyns is updating their image with the proposed colors and design. MOTION: SECOND: VOTE: Com. Roberts moved to approve the consent calendar Com. Doyle Passed 4-0 PUBLIC HEARINGS: 5. Application No(s): Applicant: Property Owner: Location: 13-U-93 and 3-EXC-93 and 15-EA-93 Deep Cliff Hubback McClellan/Foothill USE PERMIT for master development planting and removal, teaching center, cover and lighting. plan, including tree practice green, patio EXCEPTION request to allow an off-site sign in accordance with section 17.20.10 of the Municipal Code. Com. Roberts abstained from this hearing, as addressed at the last hearing on this issue. PlANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 3 staff Presentation: Planner Bjurman presented the staff report noting the request is for a master development plan to be carried out within the next decade. She noted this item was continued to give the applicant an opportunity to meet with neighbors and discuss their concerns. Planner Bjurman reviewed the historic hours of operation and the proposed hours of operation, as outlined in the staff report. Lighting: Planner Bjurman noted the applicant no longer requests the incidental tree uplighting. Staff's original condition limiting the lighting around the mat area has been removed to reflect the resident/Deep cliff consensus. She stated as written in the condition, no off-site lighting glare or overspill is allowed and the lowest level of lighting possible should be used. Amplification System: Ms. Bjurman stated a condition has been created to require the property owner to work with staff, prior to the beginning of the peak season to confirm conformance with the Noise Ordinance. She also noted, staff will work with the neighbors to identify methods to reduce disturbance from its use. Off-site parking: Planner Bjurman noted the applicant submitted a restriping plan which has been approved by the Public Works Department and Central Fire. She noted this restriping will result in an excess of the 33% compact space maximum. She noted the applicant has agreed to install a device to slow traffic down and Deep Cliff have volunteered to place informational signs requesting voluntary compliance with "resident only" parking. Ms. Bjurman noted at the previous hearing, the intersection of McClellan and Clubhouse was discussed, she noted the existing configuration is adequate according to the City Traffic Engineer, because the additional trips generated are not significant. Planner Bjurman noted staff recommends approval with the modified conditions of approval. The public hearing was opened. Applicant Presentation: Ms. Pam Sharkey, Architect, Deep Cliff Golf Course, addressed the historic hours of operation. She stated dusk needs to be clarified and believes this is misunderstood. She noted dusk in the summer is around 9 -9:30 p.m. and golfers are not getting off the course until 10 p.m. She noted maintenance hours have historically been 5 a.m. for summer and spring and 5:30 a.m. for fall and winter. She stated they did have meetings with the neighbors and they addressed the primary concerns and did agree to conditions. She noted the parking lot will be restriped to allow additional parking. Mr. Steven Schwartz, General Manager, Deep Cliff Golf Course, stated, historically the first tee off is 5:30 a.m. in the summer. PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 4 He noted people are not golfing at 4 a.m. Mr. Tom Waugh, 22293 De Anza Circle, commended staff for their work on this project and noted he appreciates the efforts of Deep Cliff meeting with the neighbors. He stated he attended one neighborhood meeting and noted his sense of consensus was different from what Deep Cliff has presented at this meeting. He expressed concern about the amplified system as addressed in the staff report. He noted Deep Cliff, at the neighborhood meetings, stated they would investigate different message boards as an alternative to the PA system. He stated he believes the neighbors, at the meetings, reached a consensus to trade hours against the sound system. He made the following alternative proposals: 1) staff report be accepted with two exceptions: a) sound system be turned off permanently; and b) the hours be approved, provisionally, and be reviewed in one year with all neighbors being notified of the hearing; 2) if the above proposal is not acceptable, he suggests this decision be deferred and more meetings should be conducted between the neighbors and the golf course to reach a consensus. Mr. Waugh stated he is concerned about the hours of operation and would like to review this in one year. Mr. Roy Mallard, 10728 Deep Cliffe Dr., stated he attended the neighborhood meeting and sent a letter to the Commissioners. He stated the lighting should also have firm hours of operation and should be turned off when the gates are closed. He stated he was under the impression, at the neighborhood meeting, they were trading off sound system for extended hours. He suggested closing the gates at 9 p.m. in the winter, but would be prepared to accept lO p.m. if the sound system can be modified so the neighbors can not hear it. He stated this was addressed at the second neighborhood meeting. Ms. Lila Webb, 10754 Deep Cliffe Dr., stated she also attended the first public hearing and a clubhouse meeting. She noted she was under the impression that the lights and hours were a trade off for the PA system. She noted she would like the lighting reduced and stated lighting similar to McClellan Ranch was discussed at the meeting. She added, the PA system is irritating. Mr. Steven Schwartz stated they agreed at the neighborhood meeting to look at the problems with the PA system so it could not be heard by the neighbors. He stated they are working on this problem and will try to design and implement an amplified system that can not be heard by the neighbors. He noted at the meeting, the neighbors had no problem with using such a system. He noted he does not have any information with regards to an electronic board at this time. Ms. Sharkey addressed the lighting and noted they are trying to achieve a "moonlighting" affect for the parking lot. PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 5 Mr. Tom Hugunin, 19854 Wheaton Dr., stated he plays golf at Deep cliff and would request approval of the proposed master plan. He addressed the parking lot and noted it is dark when he arrives in the morning at 6:30 a.m. Mr. Brian Sullivan, 12215 Fredericksburg Dr., Saratoga, noted he has been playing golf at Deep Cliff for the past 13 years. He stated people do not tee-off until they can see the flags. Mr. Bob Humphrey, resident, stated he has never had any problems wi th the running of the golf course or the management of Deep Cliff. He noted he supports any improvements which have been made in the past and the proposed improvements. He stated the practice facility is a small area that people use for minor practice. He noted the lights in the parking lot are not adequate, and believes the City should insist on lights for this parking lot. He stated the management of the golf course is taking care of the trees. Mr. Paul Roberts spoke in support of the meetings between neighbors and Deep Cliff, but feels they have not reached a consensus on the hours of operation and there is a strong opposition to the PA system. Mr. Roberts addressed the environmental considerations and noted the landscape aspect of the plan is inconsistent with the policies written in the General Plan which are: preservation of heritage trees; preservation of the riparian habitat; and Stevens Creek Tail. He expressed concern about the Valley Sycamore trees not being replanted and noted the landscape plan does not mention the riparian habitat. He also stated that the master plan addresses the Stevens Creek Trail, but there has been no discussion on this issue. He stated these three environmental impacts should be addressed and urged the Planning Commission to consider them. Planning Director Cowan stated the General Plan does address the Stevens Creek Trail, and noted a group of citizens are looking into the precise location of the trail. Mr. Ken Kulpa, Assistant Manager, Deep Cliff Golf Course, read letters into the record supporting the improvements as proposed by the applicant. Mr. Steven Schwartz stated they did meet with neighbors and addressed their concerns as requested by the Planning commission. He noted in their first meeting they identified the issues and the second meeting was to find solutions. Mr. Schwartz addressed the environmental concerns reviewed by Commissioner Roberts and noted Deep cliff will plant over 250 trees and have spent time and energy taking care of the trees. He stated the reason the master plan was initiated is to provide junior golf in Cupertino, but can not do this without the practice facility. Mr. Schwartz stated he felt comfortable meeting with the neighbors and hopes they addressed most of their concerns and continue this process. He noted PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 6 switching holes one and ten will occur in June, but will explore possibilities prior to this. Mr. Dale Adams, Deep Cliffe Dr., expressed concern about the lighting and noted at the meeting low profile lighting was considered. Chr. Mahoney stated that the specific lighting will be addressed once the master plan is approved. Mr. Roberts stated the purpose of the neighborhood meeting was to address their concerns and it is the duty of the applicant to look into conformance of the General Plan with regards to environmental issues. The public hearing was closed. Corn. Austin noted she did attend the neighborhood meetings and they were assured that Deep Cliff was looking into alternatives to the PA system. She noted the general impression was that the PA system would be eliminated. She stated the general feeling was that everyone supported the plan, but were concerned about the lighting and it should be comparable to McClellan Ranch. She noted it was her understanding that the PA system was a trade off for the lights, but noted the lighting and hours of operation need to be clarified. She stated the closing of the gates should be specific and the Commission should address the environmental issues as raised by Corn. Roberts. Corn. Doyle stated there has been progress between the neighbors and Deep Cliff and noted the hole change needs to be addressed further. He proposed the following hours of operation: Course and Maintenance 5:30 a.m. to 10 p.m. April-September 5:30 a.m. to 8 p.m. October-March Clubhouse hours 5:00 a.m. to 11 p.m. April-September 5:30 a.m. to lO p.m. October-March Com. Austin stated she would prefer the Clubhouse hours to be 5:30 a.m. to 9 p.m october-March Com. Doyle stated that lights should be off when the gates are closed and the golf course should not be opened before the sun goes up, therefore there is no reason for a.m. lighting. He agreed that the PA system should not be heard by the neighbors. He spoke in support of the signs, as proposed by the applicant regarding off- site parking, and noted the environmental issues are a concern. Planner Bjurman explained historical and heritage trees and noted only one tree is proposed to be removed because of disease. PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 7 Regarding the riparian area, Ms. Bjurman stated this has been referred to the Santa Clara Valley Water District. Chr. Mahoney stated the proposed change to the PA system is adequate and believes Deep cliff is trying to meet neighbors concerns. He noted hours of operation can be approved temporarily and reviewed in one year along with the PA system. He stated he concurs with Corn. Doyle with regards to the hours of operation. It was a consensus of the Commission to keep the hours of operation as proposed by Corn. Doyle, but all employees, as well as guests should be off the property by closing time. Chr. Mahoney stated the lighting will be approved by staff and believes the environmental issues have been adequately dealt with. Corn. Austin expressed concern about the sycamore trees. Ms. Bjurman stated that only one sycamore tree is dead and Deep Cliff would be permitted to remove this without a separate permit. She noted Deep Cliff is doing whatever possible to preserve all the trees on the property. Ms. Bjurman also noted that a member of Deep Cliff will sit on the Stevens Creek Trail committee. Mr. Cowan outlined the location of the main trail and noted a group has been selected by the city council to follow the General Plan direction. MOTION: SECOND: VOTE: ABSTAIN: MOTION: SECOND: VOTE: ABSTAIN: Corn. Doyle moved to recommend granting a Negative Declaration. Corn. Austin Passed 3-0-1 Corn. Roberts Corn. Doyle moved to approve application 13-U-93, 3-EXC-93 and l5-EA-93 subject to the findings and subconclusions of the hearing with the following modifications: Condo 3, Amplification System, to read "There shall be no amplified sound beyond the property line and this shall be confirmed by a report submitted by an acoustical engineer. The planning Commission will review this provision for conformance in one year; Cond 4, Hours of Operation, Course and Maintenance, 5:00 a.m. - 10 p.m. April-September, 5:30 a.m. 11 p.m. october-March, Clubhouse hours, 5:00 a.m. - 11 p.m. April-September, 5:30 a.m.- 10 p.m. october-March. Com. Austin Passed 3-0-1 Corn. Roberts 6. Application No(s): Applicant: 81,150 and l6-EA-93 city of Cupertino PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 8 Location: citywide An Ordinance of the city of Cupertino amending Chapter 19.96, parking and keeping vehicles in various zones, and deleting Chapter 1l.29, on-site parking, of the Cupertino Municipal Code. staff presentation: Planner Robillard presented the staff report and noted this ordinance revision was initiated from public complaints. He noted in 1986 the City developed an ordinance to allow the parking of RV's in residential lots. He noted the intent of the ordinance is to control and not to restrict parking. Planner Robillard noted there have been very few problems so far. He reviewed the existing ordinance and alternatives to address the concerns of some residents, as outlined in the staff report. Mr. Robillard stated that restrictions on size and type of vehicle are not included in the ordinance. He noted staff also recommends deleting Chapter 11. 29 of the ordinance as it is identical to Chapter 19.96. He stated staff recommends that the Planning commission discuss the alternatives and continue this to the meeting of February 14, 1994, and staff will notify other interested parties. In response to Com. Roberts question, Planner Robillard stated the city Council addressed this issue in 1986 and spent time deciding what size of vehicles would be allowed. He noted it is not staff's intent to re-open this issue. Chr. Mahoney stated discussing width of surfaces is a zoning matter, but believes Alt. A addresses a parking ordinance. He asked staff if this regulation could be retroactive? In response, Planner Robillard stated that after discussing this issue with the City Attorney, they determined that it could not be retroactive. Com. Austin asked if existing situations could be phased out over several years? Mr. Robillard stated he would look into this. Chr. Mahoney opened the public hearing. Mr. Greg Beall, 22437 st. Andrews Ave., stated he has been dealing with this issue for several months, and originally it was a parking problem and he dealt with code enforcement. He noted he was lead to believe, from planning staff, that concrete would not be allowed to be poured. He noted if further restrictions are imposed on the ordinance a clause for a variance should be included. He stated he has looked throughout Cupertino and seen many RV's parked, some obtrusive and some not, but stated the RV parked in his neighborhood is obtrusive to the neighborhood and staff's a1 ternati ves do not address this problem. Mr. Beall stated he PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 9 prefers Alt. A as addressed in the staff report, but believes the concrete poured recently in his neighborhood is 40 to 50 sq. ft. over the allowance. He noted the vehicle is too large to be parked on this property and the property owner never had a conforming use and any decisions by the Planning commission should include this property. Mr. Beall believes there are problems with the code. Ms. Lydia Beall, 22437 st. Andrews Ave., stated she does have documentation as to when this matter was first brought before the planning staff. She believes this matter could have been addressed prior to the concrete being poured and noted the property owner did not comply with City codes. The public hearing was closed. Com. Austin stated she would like to see more side yard parking options. She asked if the vehicles had to be owned by the property owner? Planner Robillard stated the only restriction is that the vehicles be registered with the DMV. Com. Doyle stated the non-conforming situation, as addressed by Mr. Beall needs to be addressed. He noted the City should have guidelines and if these are exceeded then they must be reviewed by the city. Com. Roberts stated he would like staff to address the size and type of vehicle allowed and would support Alt. A at this time. Chr. Mahoney stated there are two issues: 1) how much concrete is allowed; and 2) parking issue. He stated he is not in support of revisiting the whole ordinance at this time, but spoke in support of Alt. A. Cams. Austin and Roberts spoke in favor of revisiting the ordinance which allows RV parking in residential zones. SECOND: VOTE: Com. Roberts moved to continue this item to March 14, 1994, as recommended by staff. Com. Austin Passed 4-0 MOTION: 7. Application No(s): Applicant: Property Owner: Location: 10-U-93 (Modification) KC Associates San Francisco Federal Savings & Loan 10340 Bubb Road USE PERMIT modification for church, daycare and school activities in an existing 30,000 sq. ft. building. PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 10 staff Presentation: Associate Planner Jung presented the staff report noting the modification is to a previously approved use permi t. He stated the modification is to delete daycare acti vi ties and to evaluate and possibly add offsite parking controls and consider other activity limitations associated with church operations. He noted this matter was heard by the city council in December and January and some of the major concerns from the industrial tenants was the perceived impact a nearby daycare would have on their operations, particularly in regard to a State hazardous material law, known as the RMPP legislation. Mr. Jung noted, to preserve possible future options for the industrial tenants and property owners, the city council directed, and the applicant agreed, to delete the daycare from its use permit which is considered a sensitive population in the context of the RMPP legislation. Mr. Jung stated some concern was expressed about overflow parking from the church onto neighboring industrial properties. He noted he did a parking study and reviewed the results as outlined in the staff report. He noted staff recommends no changes to the activity limitations, but a condition has been added to the use permit modification to more clearly delineate the allowed uses. He noted condition 3 of the Planning commission Resolution No. 4479, adopted November 8, 1993, has been deleted and an additional condition 4 has been added to address emergency preparedness. Mr. Jung noted staff recommends approval of the modification of the use permit in accordance with the model resolution. In response to Com. Roberts question regarding hazardous material, Mr. Cowan stated state law regulates chemical use. He noted that the City Council has introduced this Ordinance and the Planning commission are reviewing the modifications. Mr. Jung pointed out that extended noticing was done for this hearing. In response to Commissioners questions, Mr. Jung stated there have been no requests for private schools and noted the use permit is to address the general activities that are proposed and any changes in activity needs a modification to the use permit. Chr. Mahoney opened the public hearing. Apolicant Presentation: Mr. Jim Jackson, representing the applicant, stated the church voluntarily agreed to drop the daycare activity. Regarding the parking issue, Mr. Jackson believes there will not be a parking problem, as this church is another branch of an existing church. He stated they are required to have 110 parking spaces and they have 115. He noted parking can be addressed at a later time, if it becomes a problem. Regarding the acti vi ties, Mr. Jackson stated the Council requested that the Planning Commission review this to be aware of the activities going on. He addressed the staff report, which outlines the activities PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 11 and the number of people involved in each activity. Com. Roberts asked if the number of people attending an activity during normal business hours can be limited? Mr. Cowan stated the use permit runs with the land and the parking ordinance will address the parking needs. He believes a condition limiting day time activity is not necessary. Mr. Bob Presley, Silicon Video, stated he did not receive noticing for the first hearing regarding this matter. He stated he does not approve of this zoning and believes the issues are being dealt with after the fact. Regarding the use of hazardous chemicals, Mr. Presley stated they are not using large amounts that would cause problems. He noted the daycare does present a problem with starting new business in a light industrial park. He stated he does not see any conflict with the church, but the Planning Commission needs to be sure if this area will remain light industrial. Mr. Jung stated notice of both hearings was sent to the occupant of Silicon Video. The public hearing was closed. Mr. Cowan noted procedures for noticing were followed appropriately, and also noted that an EIR is not required for this project. The commissioners agreed pointed out if parking complaints. that the parking is adequate. Mr. Jung becomes a problem they will receive Com. Roberts stated he is pleased to see the daycare deleted. He stated he would support a condition which would limit church functions during normal business hours to no more than 100. Chr. Mahoney expressed concern about too many restrictions. Mr. Jung stated staff will re-address the parking, if it becomes a problem. SECOND: VOTE: Com. Austin moved to approve application 10-U-93 subject to the findings and subconclusions of the hearing Com. Doyle Passed 4-0 MOTION: 8. Application No(s): Applicant: Property Owner: Location: l4-U-93 Hong Fu Restaurant Marian and Allan Byer 20588 stevens Creek Blvd. PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 12 USE PERMIT for an expansion of an existing restaurant. staff Presentation: Planner Bjurman presented the staff report and noted this is a use permit for an expansion of an existing restaurant. She stated staff would encourage the residential property owners to exhaust their available code enforcement methods, through Bay Area Air Quality Management District, prior to requiring the restaurant to spend money on a new exhaust system. She noted a condition has been added that requires confirmation from the County Health Department that the existing system is being maintained to their standards, prior to issuance of a Building Permit for the addition. Also a condition has been added which requires Building Department confirmation that the exhaust system is operating at peak performance level and that no unpermitted changes were installed on the system following installation. Planner Bjurman stated that staff recommends approval. In response to Com. Roberts' question, Planner Bjurman stated the exhaust system was installed two years ago. She also noted the BAAQMD did not receive enough complaints to do anything about the odor. Chr. Mahoney opened the public hearing. Applicant Presentation: Ms. Debbie Wong, Hong Fu Restaurant, noted they did have a meeting with the neighbors to discuss their concerns. She noted she would like to extend the exhaust pipe out 10 ft. towards the parking lot, to address the odor problem. Ms. Wong stated she has agreed to increase the maintenance of the exhaust system and they are seeking another vendor. She stated her goal is to maintain a good relationship with her neighbors. The public hearing was closed. Planner Bjurman pointed out that the theory about extending the exhaust pipe, as addressed by Ms. Wong, has not been tested, therefore not approved. SECOND: VOTE: Com. Doyle moved to to the findings and Com. Austin Passed approve application l4-U-93 subject subconc1usions of the hearing. MOTION: 4-0 NEW BUSINESS: 9. Annual General Plan Review Staff Presentation: City Planner Wordell presented the staff report. She addressed the two major implementation areas, Specific Plan and Feasibility Study, and Joint Powers Agreement, as outlined in the staff report. She also addressed the housing aspect of the General Plan and believes this will be addressed sooner than the PLANNING COMMISSION MINUTES Regular Meeting of January 24, 1994 Page 13 ,--. other specific plans. She noted the Joint Powers Agreement will be addressed in fall 1994. SECOND: VOTE: Com. Austin moved to send a Minute Order to city Council recommending approval to forward the annual report on the status of the general plan. Com. Doyle Passed 4-0 MOTION: REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Director Cowan addressed the article regarding Residents Against Noisy Trucks (RANT). video tape of the city Council meeting regarding available for review. in his report He stated the this matter is Mr. Cowan also addressed the Affordable Housing Committee and noted the City Council did delete the City council and Planning Commission representative. However, representatives will be asked to attend key meetings and the Planning commission should appoint a representative. DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT : Having concluded business, the Planning Commission adjourned at 10:25 P.M. to the next Regular Meeting of February 14, 1994 at 6:45 p.m. Respectfully submitted, (ì~ M \~é ~(l.Ýd Catherlne M. Robll1ard, Recording Secretary 1994 Attest: Kim ~élerk