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PC 03-11-91 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 MARCH 11, 1991 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman Mackenzie vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austin staff Present: Robert Cowan, Director of Community Development Mark Caughey, City Planner Michele Bjurman, Planner I Travice Whitten, Assistant City Engineer Charles Kilian, City Attorney Cheryl Kershner, Deputy City Attorney Vera Gil, Housing Specialist APPROVAL OF MINUTES: SECOND: VOTE: Com. Fazekas moved to approve the minutes of February 25, 1991 Com. Mann Passed MOTION: POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 3: Application 16-TM-90 (Sobrato) continuance to March 25, 1991 Applicant requests MOTION: Com. Mann moved to continue item 3 to the meeting of March 25, 1991 Com. Fazekas Passed 5-0 SECOND: VOTE: WRITTEN ('0 IlUIflCATIONS: Letter from PG & E ORAL COllDIUIHCATIONS: - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 2 PUBLIC HEARINGS: 1. Application No(s): Applicant: Property Owner: Location: 17-U-90 and 25-EA-90 Chevron Research/Technology Co. Cupertino De Oro Club Northeast corner of Homestead Rd. and De Anza Blvd. USE PERMIT to demolish an existing service station and reconstruct a new self service fuel station with 1,500 s.f. of building area encompassing a food market and car wash, with related site improvements. Staff Presentation: Mr. Mark Caughey presented the staff report showing graphics of the proposed site. He noted the applicant has made an attempt to replicate the forms and materials of the Portofino project on the adjacent corner. He noted Chevron has replaced a significant amount of the blue metal pump island canopy fascia with stucco treatment, and changes have been made to the columns following the Planning commission's direction. Regarding the signs, staff has proposed that a small portion of the stucco may be deleted in favor of wood or painted metal as a backdrop for a sign. Regarding Landscaping, Mr. Caughey stated new trees have been added to the Homestead frontage and the north property line. He noted the four conifers are not subject to removal, as stated in the staff report. Staff proposed the box specimen trees between the station and the apartments should be broad leaf evergreen for visual purposes. Mr. Caughey commented on the noise study noting the Sound Consultant will be present at this hearing for further discussion. Staff recommends the removal of the vacuum unit as it will create parking problems. Regarding Cond. 15 Mr. Caughey stated it will be rewritten to meet water conservation efforts. Applicant Presentation: Mr. Mike Mannis, Chevron, noted the blue fascia had been reduced by 70 percent, added stucco texture and the column treatment has been revised. He noted a full landscape plan has been prepared and eight more trees have been added. Mr. Mannis noted that one additional parking space has been added to account for the vacuum unit and does not feel it will be a noise problem. Mr. Bill Dobbs, Acoustical Consultant, noted several studies have been done on this site. He noted the stucco finish on the walls of the car wash will be adequate to reduce noise. As a follow up to the Commissioners concern regarding early morning operation on weekends, a recent study determined that traffic is masking the service station at the early morning hours. He noted it is appropriate to stay within 60 db range and also the city Ordinance allows for overages. Mr. Dobbs went on to explain the noise study noting the noise level will be 60 db. PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 3 In response to Com. Mahoney's question regarding day-time and night-time hours Mr. Caughey explained that the car wash will be operating for 2 hours during the night-time hours. Mr. Dobbs explained the sound shadow and noted the wing wall has been extended which will shield the second floor of the apartments. In response to Com. Mann's question regarding the intent of the Noise Ordinance allowing overages, Mr. Cowan stated the ordinance allows flexibility. Com. Mahoney suggested restricting the car wash to 8 PM to meet the required db for night-time hours. The public hearing was opened. In response to Com. Austin's question regarding the vacuum unit, Mr. Caughey stated staff felt this would cause a stacking problem and is an expansion beyond what was originally meant to be. Com. Mann spoke in favor of the landscaping and the replacement of trees. She felt ASAC should have the final say for the signs. Chr. Mackenzie closed the public hearing. Com. Mann expressed concern regarding the number of pumps stating she would like to see four. She noted there is not enough parking to accommodate the vacuum unit. Com. Mahoney felt 6 pumps were adequate and the vacuum unit is appropriate. He questioned adding a condition regarding the 2 hour period of night time hours and the vacuum unit, if the noise becomes a problem. Mr. Chuck Kilian, city Attorney, noted a condition could be added as long as it was clear on the intent and another hearing would have to be held. Com. Fazekas stated this is an improvement from the last plan. He expressed concern regarding the noise and suggested a condition restricting the car wash operation to 8 PM if it was determined it was not meeting the noise standard. He felt the vacuum unit should be removed. Corn. Austin noted if 2 pumps were deleted the vacuum unit would be adequate. She expressed concern regarding the entrance and exit of garbage trucks and fuel tanks. She suggested the car wash be monitored when first opened regarding the noise level. Chr. Mackenzie noted the landscaping and signs will go to ASAC for final approval. He felt 6 pumps were adequate, but the vacuum unit PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 4 should be removed. Chr. Mackenzie suggested writing a condition stating if any complaints are filed a sound study must be done by the applicant to demonstrate they are working wi thin the sound ordinance and to be reviewed by staff or Planning commission. He expressed concern regarding the noise at night. Corn. Mann suggested the site be monitored for noise during the 1st and 7th month or operation. Mr. Cowan stated a noise study can be done after 30 days of operation and if it is not adequate the hours of operation can be restricted to 8 PM. Mr. Kilian suggested a condition which is automatic for Chevron to come back with a noise study or because of complaints. Chr. Mackenzie felt the 6 pumps were adequate, the vacuum unit should be removed, signs go to ASAC for approval and suggested a noise study after 60 days. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Fazekas moved to recommend granting a Negative Declaration Com. Mann Passed 5-0 Com. Fazekas moved to recommend approval of application 17-U-90 subject to the findings and subconclusions of the hearing with the following modifications: Condo 12 to read "The developer shall install an eight (8) ft. high masonry wall on the northerly site boundary adjoining residential property. Said masonry wall materials and appearance shall be subject to ASAC review prior to issuance of building permits; Condo 15 to reflect one- pass through car wash only; Add Condo 19 to read "within sixty (60) days of commencing public operation of the car wash, the owner shall retain a professionally qualified acoustical consultant to evaluate the noise generating characteristics of the facility. Said report shall be presented to the Planning commission in the context of a formal public hearing, duly noticed in accordance with City Ordinance 652. The Planning Commission shall examine the findings of said report to ascertain that the facility is operating in compliance with the night hours exposure standards for adjacent residential uses stated in the then current noise ordinance. If the Commission determines that said facility is not operating in compliance with said standards, the Commission may impose appropriate mitigation measures including but not limited to reducing evening hours of operation. Com. Mahoney Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 5 2. Application No(s): Applicant: Property Owner: Location: 8-Z-90 and 35-EA-90 Judy Chen Judy Chen 7359 Rainbow Drive REZONING of approximately .41 acre gross from R3 (Multi-family Residential) to peRES) (Planned Development Residential with a density range of 20-35 dujgr. acres). Staff Presentation: Ms. Michele Bjurman presented the staff report. She noted it is approximately a half acre site and at present has six below market rate apartments. She noted the applicant was unable to purchase the adjoining parcel as requested by the Planning Commission and proposed is a redesign of the Original Conceptual Plan. She noted the existing zoning is R3 and under this zoning the only type of land use allowed is rental or leasing. Under the proposed zoning ownership housing is allowed and rental property will be lost. The proposal is for seven condominiums units and four apartment units, which two of the apartment units will be deed restricted for twenty years on a low to moderate rent schedule. Ms. Bjurman noted under the rezoning guidelines for Planned Development it is a requirement that the applicant provide a Conceptual Development Plan which outlines the building envelopes, landscaping and ingress egress points. If the rezoning is approved the building envelopes, landscaping and ingress egress points will be approved and the applicant cannot change this. She noted the housing department is working on rent schedules for this site and is also working with the applicant. Ms. Bjurman explained the parking issue noting there would be off- site spillover. She noted there is a lack of open space, but staff do not find this of great concern. She stated that staff is recommending approval provided the four units are deed restricted. Ms. Bjurman made reference to the ERC's suggestion that the applicant relocate the tenants and also have first choice of purchasing the condominiums. In response to Com. Fazekas' question regarding the setbacks Ms. Bjurman explained what was required for the setbacks as well as the parking, noting they were short on both. Mr. Travice Whiten explained the height of the freeway underpass. In response to Com. Mahoney's question regarding restricting rents, Ms. Vera Gil explained the affordable rent schedule and how they established these figures. She noted they work with non-profit developers to obtain this. She stated the income to qualify for low income housings is revised by HUD annually. Applicant Presentation: Mr. Louis Green, representing applicant, noted this site does need upgrading and will be consistent with the PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 6 surrounding development. He noted the building is old and in bad condition. He stated the original driveways proposed onto Rainbow have been eliminated. Regarding the open space, he felt this site did not require much as it is more of an urban site. He stated it was not economically feasible to purchase the adjoining property. In terms of housing, there is now a larger development with six townhomes and four rental units. Mr. Green felt they have addressed the major issues and felt the 20 year deed is too long and did not agree with four units for low income levels as it would not be economically feasible. Mr. Green requested the issue of affordable housing be deferred to the Use Permit stage. Chr. Mackenzie closed the public hearing. Com. Fazekas stated he was not in support of this project noting the setbacks are not adequate, the units are cramped. He would like to see this site match the density of adjoining property. This site may be more appropriate for recessed parking and achieve more open space by doing this. He felt higher density with a better quality of life could be obtained. Corn. Fazekas stated keeping R3 zoning would result in a better project in this particular case. Corn. Austin concurred with Com. was the mixture of townhomes apartments are needed. Fazekas noting her major concern and rental units. She noted Corn. Mann concurred with Com. Fazekas, noting it should be one building with parking underneath and more open space. She felt the parking is inadequate. She is not in favor of the mix of townhomes and apartments. Corn. Mahoney concurred with Corn. Fazekas noting the site is inadequate for what is proposed. Chr. Mackenzie noted he spoke in favor of an apartment building wi th 10-15 market rate units. He noted what is proposed is inadequate. MOTION: Com. Fazekas moved to recommend granting a Negative Declaration Com. Mahoney Passed 5-0 SECOND: VOTE: MOTION: Com. Fazekas moved to deny application 8-Z-90 with the following findings: Setbacks and open space areas are inadequate; Townhome style is inappropriate; Privacy issues of adjoining buildings not addressed; Parking is inadequate; Mitigation of existing affordable housing on the site is not adequately addressed. Com. Mann Passed 5-0 SECOND: VOTE: PLANNING COMMISSION MINUTES Regular Meeting of March II, 1991 Page 7 4. Application No(s): Applicant: Location: 80,002,44 City of Cupertino Citywide applicability Ordinance concerning implementation of General Plan policy concerning hazardous waste management. staff Presentation: Mr. Mark Caughey presented the staff report noting an amendment to the Tanner Bill passed in 1986 allows cities to adopt local permitting statutes for hazardous waste management facilities, provided there is an adequate base to do so in the General Plan. He noted this is a follow up action to a commitment made last year in the General Plan. Mr. Caughey explained the process as outlined in the Staff report. He noted the Ordinance would allow the City to recover costs associated with State mandated activities. Also, it gives the City a credible bases for mounting a challenge to any conditions or approval actions undertaken by the State for a facility which the City has a disagreement. Mr. Caughey stated this Ordinance gives the City a greater flexibility and control on the sighting and management of these facilities in our community. In response to Com. Fazekas' question Mr. Caughey stated the City Council will appoint a board known as Local Assessment Committee (LAC) who negotiates with the project proponent, the terms and conditions under which the facility would be deemed acceptable to the Community. LAC can request technical assistance grants, which the developer must provide, in order to facilitate the decision making process. Mr. Caughey stated the Planning Commission had previously located potential facility sites through the General Plan process. SECOND: VOTE: Com. Fazekas Declaration Com. Mahoney Passed moved to recommend granting a Negative MOTION: 5-0 MOTION: Com. Fazekas findings and Com. Austin Passed moved to approve 80,002.44 subject to the subconclusions of the hearing SECOND: VOTE: 5-0 NEW BUSINESS: 5. Review and approval of the Planning Division Work Program 1991-1992. Staff Presentation: Mr. Cowan noted the City Council will be meeting with the City Manager to develop a legislative program for the following year and this results in a work program. Mr. Cowan PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 8 presented diagrams explaining the distribution of Planning staff hours. Mr. Cowan asked the Commission for suggestions or additions to the program to be discussed with Council. Com. Fazekas suggested mUlti-family design guidelines and architectural design guidelines. Mr. Cowan stated there are no set standards for design at present except in Monte Vista, but this is being looked into. Chr. Mackenzie suggested design in housing development. Mr~ Cowan. noted there are specific designs guidelines in the R1 cluster zone. In response to Com. Fazekas question regarding general requirement of trees Mr. Cowan stated this will be included in the reforestation plan which the Energy Committee will be handling. Mr. Cowan stated the tree preservation in the general plan can be modified. 6. Review of Work Program for Urban Design Element of the General Plan. staff Presentation: Mr. Cowan stated, because of cost, the consultant will focus his time on a certain area and asked the Planning Commission to establish were this focus should be. Mr. Cowan suggested focusing on the Crossroads and Town Center area. He noted the consultant will focus in and develop more precise work for one section. Mr. Cowan stated if the commercial land uses are a major element of the Grand Blvd., there is not much potential retail growth in the City and this should be focused in certain areas. Corn. Austin stated the consultant wanted a thematic approach along The Grand Blvd. Corn. Fazekas felt stevens Creek Midblock has more potential for development. He felt the lanes proposed on the Grand Blvd. should be explored. Chr. Mackenzie stated he would like to look at a well developed area. The Planning Commission agreed to explore what staff had recommended. REPORT OF THE PLANNING COMMISSION: Com. Fazekas stated the Redevelopment Agency of San Jose had accepted the Mono Rail proposal from the Arena to downtown San Jose, via Santa Clara and San Fernando. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None PLANNING COMMISSION MINUTES Regular Meeting of March 11, 1991 Page 9 DISCUSSION OF NEWSPAPER CLIPPINGS: In response to Com. Fazekas question Chr. Mackenzie stated the City are looking for private contractors to run the sports center. Mr. Chuck Kilian reported on the city's purchase of Fremont Older School and Black Berry Farm. ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 10:25 P.M. to the next Regular Meeting of March 25, 1991 at 7:30 P.M. Respectfully submitted, ~M._~eI. Catherine M. Robillard, Recording Secretary Approved by the Planning commission at the Regular Meeting of March 25, 1991 , , Cha1.rman Clerk Amended 3-25-91