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PC 02-25-91 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 FEBRUARY 25, 1991 SALUTE TO THE FLAG: ROLL CALL: Chairman Mackenzie Vice Chairman Fazekas commissioner Mann Commissioner Mahoney Commissioner Austin commissioners Present: Robert Cowan, Director of community Development Mark Caughey, City Planner Charles Kilian, city Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: VOTE: Corn. Fazekas moved to approve the minutes of February 11, 1991, as submitted Corn. Mahoney Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1: ITEM 2: ITEM 3: ITEM 4: MOTION: SECOND: VOTE: Application 26-U-90 (Chao) Applicant requests continuance to meeting of March 11, 1991 Application 8-Z-90 and 35-EA-90 (Chen) Applicant requests continuance to meeting of March 11, 1991 Application 16-TM-90 (Sobrato) Applicant requests continuance to meeting of March 11, 1991 Application 80.022.44 (Citv of CUgertino) staff requests continuance to meeting of March 11, 1991 Com. Fazekas moved to continue items 1, 2, 3 and 4 to the meeting of March 11, 1991 Corn. Austin Passed 5-0 WRITTEN COMMUNICATIONS: - None '. ORAL COMMUNICATIONS: - None PLANNING COMMISSION MINUTES ~egular Meeting of February 25, 1991 Page 2 CONSENT CALENDAR: - None PUBLIC HEARINGS: 5. Application No(s): Applicant: Property Owner: Location: 20-U-86 (Amended) JMB properties Co. - Oaks Shopping Center Pacific Acquisitions corp. 21269 Stevens Creek Blvd USE PERMIT AMENDMENT to increase allowed restaurant seating from 800 to 834, and to allow removal of existing specimen Oak trees. staff Presentation: Mr. Mark Caughey presented the staff report noting the request is in two parts. The principle request is to change the limit in the existing use permit to allow 880 restaurant seats as opposed to 800. Mr. Caughey showed locations of the new proposed food establishments. He noted there is also an issue of tree removal which is connected to the parking issue. Of the 800 seats authorized 754 are in use at. this time. He noted the remaining 46 seats could be opened within the complex without any adjustment to the parking count. He noted the actual increment of new seating is 80. Regarding the parking issue, the 1986 use permit specified a number of spaces which had to appear on the site and it was recognized there was a built in structural deficit of parking due to the fact that the center was built prior to the current parking standards. Shared parking was also recognized because of the movie theater. The actual number of spaces on the site is 540. Barton-Aschman had conducted several studies at the site and observed with the existing occupancy level, maximum peak demand would be 543 spaces. If the use permit is granted an additional 18· spaces will be required. An alternative to this would be to credit the existing 8 space surplus toward alleviation of the current deficit, not toward use intensification. Mr. Caughey noted there is not really a parking problem at this site. He noted staff recommend approval of the expansion with the requirement öf additional 18 spaces. He explained a condition states if the 18 spaces required cannot be met they must return to the Planning commission. Regarding the tree issue, Mr. Caughey stated the ERC had already spent three hearings talking to the arborist. The result of these hearings were that three trees are not in good health and one tree although in good health is not structurally safe. Staff recommends trees 1, 2, and 4 be replaced and tree 3 try to be saved. In response to Corn. Mahoney's question Mr. Caughey stated staff would recommend the 9 x 18 standard size for parking spaces. PLhNNING COMMISSION MINUTES Regular Meeting of February 25, 1991 Page 3 In response to Corn. Austin's question Mr. Caughey that by with removing the tree about 4 parking spaces will be lost. Corn. Mann questioned whether the parking is adequate for the center itself without the flint center parking. In response to Chr. Mackenzie's question Mr. Caughey stated 20 percent of the center is unoccupied. bQglicant Presentation: Mr. Jim Jackson, representing JMB Properties, explained what was in the Oaks Center at this time noting 14,000 s.f. of retail space is unoccupied. The request is to convert some retail into restaurant noting this is why the additional parking is required. He stated at present time it is not possible to give an exact number of seats for the additional restaurant. Mr. Jackson explained the parking situation and the effect of the change on the existing Use Permit. He noted the Center does not have a parking problem, but does have a trespassing problem from Flint Center patrons. Mr. Jackson further stated that the center would request that the Planning commission recognize the shared parking with the theater. . Corn. Fazekas questioned the parking problem if the restaurants become very successful. Mr. Jackson stated they are working with the Flint Center to solve the trespassing problem and may put up tow-away signs. ' Com. Austin suggested Friday and Saturday night car attendant for cars entering the center. Ms. Barbara Arens, Barton-Aschman, explained how their study was conducted and how they reached their figures using the shared parking concept as outlined in their report. She_noted they used the city standards when conducting the study and based it on what is existing in the Center at this time. In response to Corn. Mahoney's question Ms. Arens stated they surveyed from 6pm to 10pm, they had people counting spaces on the site as well as counted people walking across the crosswalk. Some people do use the center and then go to the Flint Center, but the majority of people using the Center between 7pm and 8pm were going directly over to the Flint Center. In response to Corn. Fazekas question regarding the 18 addition parking spaces, Mr. Caughey stated staff would be working with the city Engineer and one suggestion was to lessen the degree of the angle spaces. Mr. Jackson noted the problems with the trees comes from an earlier approval, which did not provide for the life of the trees. He noted trees 1,2 and 4 are safety hazards and the ERC has PLANNING COMMISSION MINUTES ~egular Meeting of February 25, 1991 Page 4 recommended removal, tree 3 is a healthy tree, but is not strong enough to stand up. The arborist recommends removal of this tree as well as it is also a safety hazard. The ERC has recommended trying to save the tree. The public hearing was opened. Mr. Barry Koate, Arborist, noted trees 1, 2 and 4 are ha~ardous. He stated although tree 4 is an enormous loss, it 1S also hazardous. He noted the property owner did try to save the trees at one time, but was unsuccessful as the infection of the trees is worst than thought. Mr. William Friedman, Corporate Commercial Services, noted that their findings are identical to Mr. Koate. Corn. Austin questioned the river rock around the trees and the lights attached to the trees. Mr. Friedman stated the lights will not affect the trees, but the river rock do provide some interference that is necessary for the trees. Mr. Caughey explained condition 5 of the use permit noting the long term care of the trees. In response to Corn. Fazekas question regarding chemical damage, Mr. Koate noted they may have been to trees 2 and 7, but there is no way to prove this. Mr. Koate stated Mr. Friedman will be doing a thorough analysis of all the trees. Mr. Koate stated tree 3 is healthy, but needs structural support to keep it up. He noted there is no practical way to save this tree as the entire tree is leaning and in his opinion shöuld be removed. Corn. Fazekas questioned the possibility of planting more trees than removed on other landscaping areas on the site. Mr. Friedman felt one tree replaced for one removed is adequate. Mr. Greg Gumer pointed out the trees which will be removed and explained where the replacement of. trees will go, noting only tree 2 will be relocated. Corn. Mann noted that staff's recommendations are acceptable. She noted although tree 3 is healthy, it is dangerous and should be removed. Corn. Mahoney stated he would like to see tree 3 kept standing, but would agree with staff's recommendations. PLANNING COMMISSION MINUTES Reejular Meeting of February 25, 1991 Page 5 Corn. Fazekas stated he would support staff's recommendations on tree 3 and suggested that ASAC's evaluation should look at other locations for additional trees. Com. Austin noted concern regarding the danger of tree 3, she also expressed concern regarding watering new trees. Chr. Mackenzie suggested all four trees be removed. He would like to see the applicant return to ASAC with a formal site plan, with the requirement that four new oaks trees replace the four being removed and other substitutions that staff, applicant and ASAC can work out. It was agreed by the Commission that all 4 oak trees proposed be removed. Corn. Mann spoke in favor of the additional parking spaces, noting that parking problems should be worked out with the Flint Center, but felt the Oaks Center had adequate parking. Corn. Mahoney noted the parking is adequate for additional seating. Corn. Fazekas stated the parking issue is acceptable as did Corn. Austin. Chr. Mackenzie stated if the Center ran at full capacity and is all successful, parking will be inadequate. Mr. Caughey reiterated condition 5 of the original Use Permit noting the actions the Planning commission can do regarding parking problems. The Commissioners discussed the possibility of limiting hours of operation. Mr. Chuck Kilian, city Attorney, stated if it is retail space and the competition closes' at a reasonable hour then limitations can be set, provided the necessary parking issues are a problem. It was agreed by the Commission that the 18 additional parking spaces are acceptable. SECOND: VOTE: Com. Fazekas moved to recommend granting a Negative Declaration Corn. Austin Passed 5-0 Mo'rION: MOTION: Corn. Fazekas moved to recommend approval of application 20-U-86 (Amended) subject to the findings and subconclusions of the hearing with the following modifications: Condo 4, remove 3rd paragraph; Condo 5, add 4 new oak trees to replace oak trees being removed. In addition a comprehensive landscape plan of the entire si te be prepared by the applicant showing the replacement PLANNING COMMISSION MINUTES Regular Meeting of February 25, 1991 Page 6 SECOND: VOTE: trees as well bare spots to Com. Mahoney Passed as other proposed trees on-site to fill in be reviewed by ASAC. 5-0 NEW BUSINESS: - None REPORT OF THE PLANNING COMMISSION: Com. Mann question the gas tanks at the Post Office site. Mr. Cowan stated they had been removed 2 or 3 years ago and the Post Office have copies of clearance letters. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: Having concluded business, the Planning commission adjourned at 9:20 P.M. to the General Plan meeting of March 5th, 1991 at 6:00 P.M. Respectfully submitted, ~M.R~d Catherine M. Robillard, Recording Secretary Approved by the Planning commission at the Regular Meeting of March 11, 1991 alrman Attest: /' /// ~~æ~ Dorothy Co e ius, City Clerk