PC 01-14-91
CITY OF CUPERTINO I STATE OF CALIFORNIA
10300 Torre Àvenue
Cupertino, CA. 95014
(408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON JANUARY 14, 1991
SALUTE TO THE FLAG:
ROLL CALL:
Chairman Claudy
vice Chairman Mackenzie
Commissioner Mann
Commissioner Fazekas
Commissioners Present:
commissioners Absent:
commissioner Adams
Robert Cowan, Director of
Community Development
Mark Caughey, city Planner
Travice Whitten, Assistant City Engineer
Charles Kilian, City Attorney
staff Present:
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
Corn. Mackenzie moved to approve the minutes of January
22, 1990, February 26, 1990 and December 10, 1990, as
presented.
Corn. Fazekas
Passed 4-0
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 2: Application 17-U-90 (Chevron)
continuance to the meeting of January
ITEM 3:
ITEM 6:
ITEM 7:
MOTION:
SECOND:
VOTE:
Staff
28, 1991
requests
Application 8-2-90 (Chen) Applicant requests
continuance to the meeting of February 25, 1991
Application 20-U-86 (Amended) (3MB Props.) - Applicant
requests continuance to the meeting of January 28, 1991
Application 25-U-90 (PG&E) - Staff requests continuance
to the meeting of January 28, 1991
Corn. Mackenzie
7 to the dates
Com. Fazekas
Passed
moved to postponements items 2, 3, 6 and
indicated above
4-0
WRITTEN COMMUNICATIONS:
- None
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 2
ORAL COMMUNICATIONS:
- None
CONSENT CALENDAR:
1. APPLICATION 4-U-86 (Amended) CITY CENTER ASSOCIATES:
Requesting a one year extension of the use permit for the
hotel portion of a planned mixed use development; extension of
time for one year to implement condition 3 of said use permit
requiring installation of landscaping improvements to the park
at the southeast corner of Stevens Creek Blvd. and De Anza
Blvd.
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to removed item 1 from the consent
calendar
Com. Fazekas
Passed 4-0
Staff Presentation: Mr. Cowan stated clarification on the wording
of condition 3, regarding park installation, is needed noting the
extension is requested to February 1992 so staff can give the Urban
Designer and the General Plan Committee time to look at alternative
streetscape
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to approve application 4-U-86
(Amended) City Center Associates subject to the findings
and subconclusions of the hearing with Condo 3 specifying
February 1992.
Com. Mackenzie
Passed 4-0
Com. Fazekas moved to extend the Use Permit for one
additional year to March 14, 1992
Com. Mackenzie
Passed 4-0
Com. Mackenzie moved to move item 11 out of order
Com. Fazekas
Passed 4-0
NEW BUSINESS:
APPLICATION 4-U-86
Requesting approval
previously approved
sixth-floor guest
skylights.
( Amended) CITY CENTER ASSOCIATES:
of a minor architectural change to a
hotel project to eliminate balconies on
rooms, and eliminate lobby entrance
11.
Staff Presentation: Mr. Cowan stated this application was approved
last year, the proposal at this time is to remove two balconies and
replace them with window finishing that match the adjoining rooms.
Mr. Cowan presented the exhibit which had been modified, he did not
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 3
feel this was a major change. The second part of the request is to
remove skylights over the lobby entrance, which are not visible
from public right of way.
Com. Mackenzie expressed concern stating that this amendment should
not set precedence for other applications.
Corn. Fazekas concurred with Com. Mackenzie, but noted the changes
are acceptable for this application as did Com. Mackenzie.
Chr. Claudy noted the removal of the balconies is acceptable but
expressed concern regarding the skyl ights, noting they are a
valuable asset.
Applicant Presentation: Mr. Walter Hsu, Prometheus Development,
stated all the interior skylights will be maintained, the request
is to remove the skylights on the exterior. He noted there was a
discrepancy in the original drawings and it was never the intent to
place them outside.
Com. Mann stated she supported the skylights and would like to see
them stay.
SECOND:
VOTE:
NOES:
Corn. Mackenzie moved to approve application 4-U-86
(amended) subject to the findings and subconclusions of
the hearing with the minor modifications as staff
recommended, the removal of the two balconies and the
skylights over the lobby entrance, as outlined in the
staff report.
Com. Fazekas
Passed 3-1
Com. Mann
MOTION:
PUBLIC HEARINGS:
4.
Application No(s):
Applicant
Property Owner:
Location:
20-U-90 and 39-EA-90
Carlos Corona, Inc.
Ruth Svilich
11025 N. De Anza Blvd. northwest corner
of Homestead Road & De Anza Blvd.
USE PERMIT to convert an existing 1,300 s.f. service station
building to a smog and tune-up shop, delete gasoline sales
activity and continuing a snack shop operation.
Staff Presentation: Mr. Mark Caughey noted at the December 10,
1990 meeting the Commission's major concern was the enhancement of
the building to which the Commission gave direction. He noted the
applicant has proposed a metal roof and has connected the customer
wai ting area with a trellis. He feels the objectives of the
Commission have been met. Mr. Caughey explained the changes in the
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 4
model resolution as requested by the commission regarding Use
Restriction, Parking and Phasing as outlined in the staff report.
Chr. Claudy expressed concern regarding the phasing. Mr. Caughey
stated if the phasing conditions were not met there would be a
revocation hearing.
In response to Chr. Claudy's request Mr. Kilian stated to issue the
Use Permit for one year and if not met a revocation hearing will be
held.
Aoolicant Presentation: Mr. Paul Reed, Architecture noted with
regards to color the owner prefers the blue color scheme.
The public hearing was opened.
MOTION:
SECOND:
VOTE:
Com. Mann moved to close the public hearing
Com. Fazekas
Passed
4-0
Com. Fazekas stated it is an improvement and either color would be
acceptable. Com. Mann concurred.
Com. Mackenzie expressed concern regarding the phasing.
Claudy stated the phasing is acceptable as proposed.
Chr.
Mr. Kilian suggested posting a bond for the second part of the
phasing.
Mr. Cowan stated if the improvements were not met in the time
period allocated a revocation hearing would be held.
Mr. Caughey stated a bond is usually requested in instances were
staff is trying to insure the public improvements are completed.
He noted in the past to ensure private improvements are met staff
could request an irrevocable letter of credit.
Chr. Claudy stated staff recommendations in the staff report would
be acceptable. Com. Fazekas concurred.
Com. Mackenzie requested removing the first three words of Condo 3.
MOTION:
Com. Fazekas moved to recommend granting a Negative
Declaration
Com. Mann
Passed 4-0
SECOND:
VOTE:
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 5
MOTION:
Com. Fazekas moved to recommend approval of application
20-U-90 subject to the findings and subconclusions of the
hearing modifying Condo 3 to remove the words "A maximum
of. . . " and Cond. 9 to accept staff's recommendation
regarding phasing. Either the blue or green color scheme
is acceptable
Com. Mann
Passed 4-0
SECOND:
VOTE:
Mr. Cowan stated he will change the exhibit to reflect either color
scheme.
5.
Application No(s):
Applicant:
Property Owner:
Location:
ll-U-90 (Amended)
Sobrato Development
Sobrato Interests II
East side of De Anza Blvd.
Mariani Ave. and I-280
between
USE PERMIT AMENDMENT to modify the provisions of Condition 1
concerning required off-site street improvements.
Staff Presentation: Mr. Caughey stated when the Council approved
this application Mr. Sobrato expressed concern at that time
regarding the opened ended nature of the cost which would cause
problems. In association with the Public Works Director a
different funding formula was suggested for completion of the
bridge improvements. In response to this Mr. Sobrato requested a
contribution cap to indicate the maximum amount of participation
his Company would be liable as the improvements went out to bid.
The City Engineer would not recommend cost participation cap under
any circumstances at this time because the cost of the project and
timing is not fixed at this time. Mr. Caughey explained the
alternatives as outlined in the staff report.
Mr. Cowan stated the basic intent for the bridge is for the State
to pay half and the developer to pay half.
Applicant Presentation: Mr. John Sobrato stated he did request a
contribution cap at the last meeting in October 1990 as the
conditions of approval as they exist Sobrato Development cannot get
a lender. He noted the original intent was to convert the two
pedestrian lanes to vehicle travel lanes and to build a new
pedestrian bridge. He noted the cost of this three years ago was
approximately $500,000 and that is were the $250,000 came from. He
noted after the October earthquake the State required the structure
be reinforced and now the cost is approximately $1.8 million for a
separate structure attached to the bridge. Mr. Sobrato felt the
negotiations with the State are in the hands of the city. He noted
to request Sobrato Development to pay 50 percent of the cost is
unreasonable. Mr. Sobrato requested a $600,000 cap increased with
the cost of living.
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 6
Mr. Glenn Barber, Director of Real Estate, noted they have not
concluded formal signed agreement between Sobrato and Apple as the
Contribution Cap is one of the reasons for the delay, but Apple is
still proceeding. He noted the Cap is causing lender problems.
The bridge will improve the traffic, but a Cap is needed.
The public hearing was then opened.
Ms. Ann Unger, Monte Vista, stated the general opinion of the
citizens in Cupertino is new growth, but when developers receive
negative comments from City Hall they become less interested in
Cupertino.
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to close the public hearing
Corn. Mann
Passed
4-0
Corn. Mackenzie feels there should be a cap, but the City Council
should decide the amount. He suggested sending a resolution to the
City Council with a blank number.
Com. Fazekas concurred with Com. Mackenzie.
will serve all the south bay.
He noted the bridge
Com. Mann felt a cap is appropriate, but City Council should decide
the amount. She felt the pedestrian bridge should not be tied into
costs of repairing the existing bridge, therefore anything which is
not directly associated with the required pedestrian addition
should not be counted into the formula of what the developer should
have to pay.
Chr. Claudy concurred feeling there should be a Cap, but City
Council should determine the amount. He questioned if a inflator
bill or fixed rate should be recommended.
Com. Fazekas recommended a fixed contribution cap plus the
quarterly cost of living index.
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to recommended approval of ll-U-90
subject to the findings and subconclusions of the hearing
with the developers alternative replacing $900,000 to an
amount as determined by the City Council and add "Said
maximum developer contribution shall be increased
quarterly based on the cost of living index for the San
Francisco Bay Area region until the time that bid
documents for construction are circulated".
Com. Mann
Passed 4-0
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 7
8 .
Application No(s):
Applicant:
Property Owner:
Location:
26-U-90
Nelson Chao
Nelson Chao
North side of Peninsula Ave. northerly of
and adjacent to stevens Creek Blvd.
USE PERMIT to operate a financial services office in an
existing 2,800 s.f. building.
staff Presentation: Mr. Mark Caughey presented the staff report
noting this is the third application within the last four years to
try to do something with this building. He noted when this project
went before the Environmental Review Committee. The members felt
that after 10 years of one property owner succeeding the next
trying to deal with the restrictive method for the street
abandonment and obtaining off-street parking for this site other
alternatives need to be looked at. Mr. Caughey reviewed Council's
direction in 1980 regarding this property. He noted the owner in
the middle property has tried to secure cooperation with adjoining
property owners and has been unsuccessful. staff suggested
alternatives. The first would be to have Mr. Chao continue to work
with the adjoining neighbors to see if they could obtain some way
to abandon the property as the Council directed, the second would
be the ERC suggestion that staff look into the creation of a City
owned and operated parking district for this area. He noted the
City Engineer indicated that given the small size of this property
it may be unduly burdensome. The third alternative would be to
abandon individual portions of the right-of-way back to individual
properties and have individual parking lots developed in front of
each site. This was staff's least alternative.
In response to Com. Fazekas question regarding f ire walls, Mr.
Caughey stated one of the conditions require that all fire and
safety issues will be modified.
APplicant Presentation: Mr. Frank David Olden, State Architect,
noted there are no incentives for the neighbors to improve the
situation. He noted conditions in the Use Permit of 1983 obligated
the owners to imp.rove this situation. He noted if the two
adjoining neighbors would relinquish their right to the land to Mr.
Chao, he would bear the cost of improving the land. He noted with
a non extended use that the fire regulations do not matter and
suggested putting fire walls within the existing walls.
Com. Mann questioned commercial use downstairs
second story and in return for this the Ci ty
property, except for access, to Mr. Chao.
and housing on
could deed the
Mr. Kilian stated if the land is vacated it can only be returned to
the original property owners.
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 8
Mr. Caughey stated the conditions placed on the adjoining
properties only apply to obligations and not cost. Mr. Kilian felt
the neighbors only had obligations as opposed to cost factors.
In response to Com. Mackenzie's question Mr. Olden stated problems
would occur with tearing down the existing building and replacing
it with a new building.
Mr. Cowan stated the property is zoned for commercial and office
use. He also noted Com. Mann's suggestion, regarding housing, is
possible but the parking issue would have to be resolved.
Mr. Olden stated he had not had the opportunity to talk to the
neighbors before this meeting and would be open to suggestions at
this time, noting both adjoining property owners have obligations
to the applicant's property. He asked the Commission to approve
this with staff's recommendations.
Chr. Claudy stated there is no parking proposed on the site. He
noted the City has to agree they are willing to forego the number
of parking spaces required on-site or arrange abandonment back to
adjoining property owners.
The public hearing was then opened.
Dr. Brown, Animal Hospital, stated parking is not more than
adequate. He noted the City should not abandon the street as it is
a public right-of-way and is used for utilities. He stated there
are only so many parking spaces and there is no way of getting
more. He noted there is an agreement to provide reciprocal use of
the back of the property, the Tavern has no reciprocal agreement
for an alley in the back.
Owner of Monte Vista Inn noted when he purchased his property the
street was there, that was the understanding He noted there is a
problem with parking now.
Mr. Jack Wedgewood, Owner of office building across the Parking lot
from the Monte Vista Inn, noted the building was built as a
wearhouse and is now being turned into an office building which
will require more parking. He stated he did not understand the
reasoning of abandoning the street to improve parking when no more
spaces will be obtained. He noted if this application is approved
the parking problem will just become worse. He noted anything that
will restrict the ability of right-of-way onto stevens Creek will
cause major problems. He felt housing on this site will not work.
Ms. Ann Unger, Monte Vista, stated this building has always been a
problem and the front of it should be changed. She suggested the
building be cut back for parking and maybe a second story. She
also suggested the building be open to drive through with parking
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 9
in the back.
Mr. Olden stated the utilities would be an easement to the City and
maintained by the owner.
Mr. Kilian stated Mr. Olden did provide him with a draft proposed
Planning commission Resolution adopted in 1983 that deals with
potential surplus property on Peninsula Blvd., but he does not know
if this was made a condition or not and will need to be looked
into.
Corn. Mackenzie stated putting housing on this site might create use
problems. The adjoining neighbors need to work together.
Wearhouse use versus office use is a problem and noted concern
regarding Condo 14, noting a business plan should be submitted to
the Planning Commission. Com. Mackenzie stated he could see a
possibility of obtaining 4 parking spaces, but would like to see a
complete plan. He would not support occupancy of building at this
time.
Com. Fazekas stated he would like to see investigation on the fire
safety of the building. The right-of-way should not be given away
and would support affordable housing and the four parking spaces on
site.
Com. Mann stated she would like to see a plan of the project noting
there should be improvements to the building.
Chr. claudy stated the applicant needs to provide a complete plan
of how this site will be used.
MOTION:
Corn. Fazekas
February 10,
Com. Mann
Passed
moved to continue application 26-U-90 to
1991
SECOND:
VOTE:
4-0
9.
Application No(s):
Applicant:
Property Owner:
Location:
27-U-90
Sawako Brister
Cas co Management
Commercial center on the north side of
Bollinger Road, 300 ft. west of De Anza
Blvd.
USE PERMIT to operate a package liquor and grocery retail
store within a 1,000 s.f. tenant space.
staff Presentation: Mr. Bob Cowan stated the change in the use of
this building is from meat sales to a liquor store and the sale of
packaged sushi. He noted after discussions with the Sheriff's
department staff would recommend hours of operation from 8:00 a.m.
- 11:00 p.m. He felt parking is adequate for this site. He noted
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 10
landscaping improvements needed are a condition of approval.
A¡;>pl icant Presentation: Mr. Hugh Moore requested the hours of
operation be extended to 11:30 p.m.
Mr. Josh Gishban, representing the owners of the property, noted he
was unaware of the previous restrictions and they will be taken
care of.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Corn. Fazekas moved to close the public hearing
Corn. Mann
Passed
4-0
Corn. Fazekas moved to recommend granting a Negative
Declaration
Corn. Mackenzie
Passed 4-0
Com. Fazekas moved to approve application 27-U-90 subject
to the findings and subconclusions of the hearing with
condo 6 modified to add the words "8:00 - 11 p.m. daily"
in place of "exclusive of late evening hours as defined
therein".
Corn. Mackenzie
Passed 4-0
10. Application No(s):
Applicant:
Property Owner:
Location:
24-U-90
Yoichi Watanabe
Ushro Hosono
North side of Alves Drive between Bandley
Ave. and North De Anza Blvd.
USE PERMIT to add a 540 S. f. storage room to an existing
freestanding restaurant.
Staff Presentation: Mr. Bob Cowan presented the staff report
showing the drawing of the expansion to the Commission. He noted
there are no parking or trip issues. The architectural solution is
acceptable.
The public hearing was opened.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to close the public hearing
Corn. Mann
Passed
4-0
Corn. Fazekas moved to
20-U-90 subject to the
hearing.
Com. Mackenzie
Passed
recommend approval of application
findings and subconclusions of the
4-0
PLANNING COMMISSION MINUTES
Regular Meeting of January 14, 1991
Page 11
REPORT OF THE PLANNING COMMISSION:
Com. Mackenzie reported on a fence on McClellan Road with expensive
plants in front of it and staff should be aware of this.
Com. Fazekas reported on a 6 ft. fence on the front property line
on Crescent Rd. Chr. claudy reported on sign violations on stevens
Canyon.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
- None
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
ADJOURNMENT:
Having concluded business, the Planning Commission
adjourned at 10:20 P.M. to the next Regular Meeting
of January 28, 1991 at 7:30 P.M.
Respectfully submitted,
." '. ,.
Catherlne M. Robillard,
Recording Secretary
1991
C erk
Amended 1-29-91