PC 08-08-94 (regular)
CITY Of' CUPERTINO, STATE Of' CALIFORNIA
l03üO Torre Ave.
Cupertino, CA 95014
(408) 777-3308
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION MEETING
HELD ON AUGUST 8, 199Zq
ORDER OF BUSINESS
ROLL CALL
SALUTE TO THE FLAG
Chr. Mahoney
Com. Doyle
Com. Austin
Com. Roberts
commissioners Present:
commissioners Absent:
Com. Harris
Staff Present: Robert Cowan, Director of Community Development
ciddy Wordell, City Planner
cheryl Kershner, Deputy city Attorney
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
ABSTAIN:
ABSENT:
Com. Austin moved to approve the minutes of July 25,
1994, as submitted
Com. Roberts
Passed 3-0-2
Com. Doyle
Com. Harris
WRITTEN COMMUNICATIONS - None
POSTPONEMENTS/REMOVAL FROM CALENDAR
Item 4:
Item 5:
MOTION:
SECOND:
VOTE:
ABSENT:
Application 6-U-94 and 12-EA-94 - Emily Chen - Request
continuance to the Planning commission Meeting of
September 12, 1994.
Application 81,161 and 19-EA-94 - Amendments to Park
Ordinance - Request for continuance to September 12,
1994.
Com. Austin moved to continue items 4 and 5 to the
meeting of September l2, 1994.
Com. Doyle
Passed 4-0-1
Com. Harris
PLANNING COMMISSION MINUTES
August 8, 1994
Page 2
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
1. Application No(s):
Applicant:
Property Owner:
Location:
32-U-85 (Modifcation)
The Forum at Rancho San Antonio
Same
Terminus of Cristo Rey Dr. and adjacent
to 1-280
lJSE PERMIT review of soundwall and landscaping adjacent to I-
280.
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Austin moved to approve the Consent Calendar
Com. Doyle
Passed 4-0-1
Com. Harris
PUBLIC HEARING
2.
Application No:
Applicant:
Property Owner:
Location:
32-U-85 (Modification)
The Forum at Rancho San Antonio
Same
23600 Via Esp1endor
USE PERMIT modification to allow an out-patient rehabilitation
clinic to locate within the existing building.
Staff Presentation: Planning Director Cowan presented the staff
report noting when the Use Permit was approved the use was defined.
He stated the request is to allow therapeutic activities for
persons who live within the development. Mr. Cowan stated there
will be no increase in traffic as this is an internal operation.
Mr. Cowan addressed the letter received from the Sheriff's
Department regarding traffic on Cristo Rey Drive, and reiterated
that there will be no traffic increase.
The public hearing was opened.
Chr. Mahoney closed the public hearing.
Mr. Cowan pointed out that the licensing is provided by the State
and the city, and the Planning commission do not get involved in
this process.
SECOND:
VOTE:
ABSENT:
Com. Roberts moved to recommend approval of a Negative
Declaration
Com. Doyle
Passed 4-0-1
Com. Harris
MOTION:
PLANNING COMMISSION MINUTES
August 8, 1994
Page 3
SECOND:
VOTE:
ABSENT:
Com. Doyle moved to recommend approval of
U-85 (Modification) subject to the
subconclusions of the hearing
Com. Austin
Passed
Com. Harris
application 32-
findings and
MOTION:
4-0-1
3.
Application No(s):
Applicant:
Location:
81,160 and l7-EA-94: Newsrack Ordinance
City of Cupertino
citywide
Ordinance to amend Chapter 10.2l, regarding newsracks
staff Presentation: ci ty Planner Wordell presented the staff
report noting the ordinance received by the Commission reflects the
changes requested by the commission at the last meeting. Regarding
the enforcement, language was added to make this more general. She
noted the length of time for removal has been changed from 15 to 10
days. She noted language has been added to allow the city to
remove it immediately, if necessary. Ms. Wordell stated the cost
to remove this has been increased from $5 to $50. She noted Cheryl
Kershner, Deputy city Attorney, will review the section regarding
display of certain material.
Ms. Cheryl Kershner, Deputy City Attorney, stated the previous
news rack ordinance was enacted in 1979 and since then, case laws
and Attorney Generals opinions have been rendered that have refined
and made more explicit the constitutional standards. She noted the
proposed ordinance places restrictions on the distribution of
newspapers and the distribution of newspapers is a form of free-
speech protected by the 1st amendment. Therefore any restrictions
placed on this have to meet a strict scrutiny test and have to be
narrowly defined. Regarding the display of certain materials, Ms.
Kershner stated she chose the definition, as written in the
proposed ordinance, as the definition of obscenity, provided by the
Penal Code of the State of California on the grounds that several
cases including the Attorney General, have found this
constitutional. She noted it is her position, that if they change
the language, they will go outside the Penal Code.
Com. Doyle asked if section lO.2l.040 (k) meets ADA requirements.
Mr. Cowan stated he will check the ADA requirements and will make
appropriate changes with the permission of the Commission.
The public hearing was opened.
Chr. Mahoney closed the public hearing.
PLANNING COMMISSION MINUTES
August 8, 1994
Page 4
MOTION:
SECOND:
VOTE:
ABSENT:
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Austin moved to recommend granting a Negati ve
Declaration.
Com. Roberts
Passed 4-0-1
Com. Harris
Com. Austin moved to recommend
81,160 and 17-EA-94 subject
subconclusions of the hearing.
Com. Roberts
Passed
Com. Harris
approval of application
to the findings and
4-0-1
NEW BUSINESS
6. Discussion of hearing dates for Stevens Creek Blvd. specific
Plan.
Planning Director Cowan stated they are now involved
phase of the study and will now do the on-site work.
Planning commission needs to select a date when they
Mr. Freedman, from Tung & Bottomley.
in the second
He stated the
can meet with
It was a consensus of the Commission to meet with Mr. Freedman on
Tuesday October ll, 1994 at 6:45 p.m.
city Planner Wordell stated that the September meetings are very
heavy and the commission may want to plan a special meeting to hear
some items.
It was a consensus of the commission to hold a special meeting on
September l4, 1994.
REPORT OF THE PLANNING COMMISSION
Com. Austin stated she will attend an Affordable Housing meeting on
Thursday and they will be discussing in-lieu fees for all projects.
Mr. Cowan stated they will also discuss the 120 unit proposal at
city Center.
Com. Austin stated she took a field trip to the Diocese property.
Com. Roberts noted he also took the field trip.
Chr. Mahoney discussed the possibility of the commission taking a
field trip to the Diocese Property.
Mr. Cowan stated the Commission should open the hearing in
September and they can make a decision regarding the field trip.
PLANNING COMMISSION MINUTES
August 8, 1994
Page 5
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
Mr. Cowan stated there is a commissioners workshop put on by APA
and Commissioners should let him know if they are interested in
attending.
DISCUSSION OF NEWSPAPER CLIPPINGS - None
ADJOURNMENT
adjourned at
1994.
Having concluded business, the Planning commission
7:40 p.m. to the next regular meeting of September 12,
Respectfully submitted,
c~,,",,·R~ct
catherine M. Robillard
Minutes Clerk
Approved by the Planning Commission at the Regular Meeting of
September 12, 1994.
Attest:
~Snu--tìc
Kim Smith, city Clerk
o