PC 12-10-90
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 DECEMBER 10, 1990
SALUTE TO THE FLAG:
ROLL CALL:
Chairman Adams
Vice Chairman Mackenzie
Commissioner Claudy
commissioner Mann
commissioner Fazekas
commissioners Present:
Robert Cowan, Director of
Community Development
Mark Caughey, City Planner
Charles Kilian, city Attorney
staff Present:
Chr. claudy announced that this
with the Cupertino Planning
Chairman for this meeting.
was commissioner Adams last meeting
commission and appointed him as
Chr. Adams stated this was an honor
years working with all the people
Commission.
and has enjoyed the last 17
involved with the Planning
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to approve the Minutes of the
November 26, 1990 meeting with the following
modification: Page 4, 4th paragraph to read, "Com. Adams
stated the plans should reflect the trash enclosure
location and screening.
Com. Claudy
Passed 5-0
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 2:
MOTION:
SECOND:
VOTE:
Application 8-Z-90 - Applicant requests continuance to
January 14, 1991
Com. Claudy moved to continue Application 8-Z-90 to
January 14, 1991
Com. Mackenzie
Passed 5-0
WRITTEN COMMUNICATIONS:
Letter from Mr. Warner regarding water issues
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 2
MOTION:
Com. Mackenzie moved to place this issue on the agenda at
a future time.
Com. Fazekas
Passed 5-0
SECOND:
VOTE:
ORAL COMMUNICATIONS:
Mr. Jim Sisk, 22831 Mercedes Road, wished Chr. Adams good luck and
stated he had done a fine job.
CONSENT CALENDAR:
1. APPLICATION 13-U-88 (Amended) TANDEM COMPUTER: Requesting a
three-year extension of the use permit for an eight-story
office building proposed for the northwest corner of stevens
Creek Blvd. and Tantau Avenue.
MOTION:
Com. Mann moved to approve application 13-U-88 subject to
staff's recommendation of a one year extension
Com. Claudy
Passed 5-0
SECOND:
VOTE:
PUBLIC HEARINGS:
3 .
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 and 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 this was continued from
the meeting of November 26, 1990 in which the Commissioners had
several concerns. He stated 12 parking spaces, as requested by the
Commission, is acceptable to the applicant. Regarding
archi tecture, the applicant has concentrated on bolder use of
colored awnings which introduced rounded shapes at the corners.
With respect to landscaping noting new plantings are located on the
De Anza Blvd. frontage and where the three parking spaces have been
removed landscaping will be added. He noted trees will be added to
the space behind the building. Staff expressed concern regarding
this area and recommended the area be closed off with a solid board
fencing subject to ASAC approval, to ensure no storage.
In response to Com. Fazekas question regarding grass Mr. Caughey
stated the use of turf as suggested in the landscape plan is
inconsistent with the Xeriscape Guidelines, noting the turf area
will be replace with other ground cover.
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 3
Com. Mann noted the hours of operation should be extended to allow
customers to pick up their cars. She questioned the space behind
the building if it was a fire lane and should not be fenced off.
Mr. Caughey stated it is a small space which could be reached by a
hose if necessary.
Applicant Presentation: Mr. Paul Reed, Landscape Architect,
addressed Com. Claudy's concern regarding the left side of the
building stating this was a wing wall which will be cut down so the
awning can wrap around the corner. He noted the turf will be
replaced with another ground cover noting there is no problem in
fencing off the area in the back of the building. In response to
Com. Mackenzie's question Mr. Reed stated the west elevation of the
building is painted and the trees in the back are 35 to 40 foot
tall.
Chr . Adams
treatment.
Jose Awning
stated he would like to see
In response Mr. Reed stated they
and felt this was the best option
more architectural
had worked with San
they came up with.
In response to Chr. Adams question Mr. Corona stated that the cars
parked on the site at present were his vehicles. He noted the area'
in the back of the building should be kept clear as requested by
the fire department.
Com. Mackenzie questioned the long term parking of cars. Chr.
Adams stated this issue is raised because auto storage has been
abused in the past in other areas of the City.
Com. Claudy stated that the use permit is being granted to the land
and expressed concern regarding future owners.
In response to Com. Mackenzie's question Mr. Corona stated he does
not like to leave cars parked out overnight because of liability
and noted over the years they have had 3 or 4 cars parked
overnight. Mr. Corona went over the cost of this project and asked
if the work could be done in phases.
Mr. Caughey stated staff had required the landscaping be completed
within nine months of the issuance of the use permit and within 18
months everything be completed. In response to Chr. Adams question
Mr. caughey stated the soils contamination clearance will be
provided by Mr. Corona who will work with BP oil to obtain it.
MOTION:
SECOND:
VOTE:
Com. Mann moved to close the public hearing
Com. Fazekas
Passed
5-0
Com. claudy stated he would not support phasing as it is not
appropriate for this site.
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 4
Com. Fazekas suggested removing the words "awaiting service" from
Condi tion 3 of section III, 2nd paragraph and adding that the
awning configuration and final color be subject to ASAC approval in
condo 4.
Com. Mackenzie suggested putting a limit on the number of cars
parked on the site after hours. Com. Fazekas suggested the 4
parking spaces to the right of the building be the only spaces
allowed for overnight parking as they are further away from street
visibility.
Com. Mackenzie concurred with Com. Mann regarding operation hours
and suggested 7 p.m. as opposed to 6 p.m. He noted staff should
check with the fire department regarding enclosing the area behind
the building and no storage in this area. If phasing was permitted
he suggested side walk and driveway, then landscaping, then
building and fencing.
Chr. Adams concurred with Com. Mackenzie's comments.
In response to Com. Mackenzie's question Mr. Kilian stated as long
as there is no use permit on the property it cannot be used at all.
Chr. Adams stated he does not want to see continuous parking on the
site as this privilege has been abused in the past. He noted he
was not in support of the phasing. Chr. Adams noted he anticipated
something more than awnings and painting, but stated he still
supports the use.
Com. Claudy stated he will not support the project at this time as
it will not blend well with the surrounding area. He noted he is
not against the use but the implementation of the use and the
architecture.
Com. Mackenzie stated he is still in favor of the use, but would
like to see more architectural treatment on the building.
Com. Fazekas stated he would like to see more architecture on the
building and was not in support of the color pallet.
Com. Mann stated she was in favor of the use, but not in favor of
the building architecture.
Mr. Corona asked for clarification of what the Commission would
like to see.
Com. Fazekas stated treatment is needed beyond the building itself,
he does not want it to look like a garage conversion and would like
to see roof element on all 3 sides.
Com. Mann stated the building needs more detail and the roof line
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 5
needs improvement. She noted it does not necessarily have to be
like the surrounding buildings.
Com. Mackenzie suggested awnings should be 3 ft. out in front of
the 2 bay doors and would like to see the true color nallet.
MOTION:
SECOND:
VOTE:
Com. Claudy moved to re-open the public hearing
Com. Mackenzie
Passed
5-0
SECOND:
VOTE:
Com. Claudy moved to continue Application 20-U-90 and 39-
EA-90 to January 14, 1991.
Com. Mann
Passed 5-0
MOTION:
NEW BUSINESS:
4. KERSTULOVICH-HOWARD (Marc G. Hvnes): Request to set a public
hearing for further consideration of a General Plan Amendment
to the Monte vista Specific Plan to designate a .31 acre
property on the West side of Orange Avenue between Dolores and
Alcazar Avenues as "Residential 4.4 - 7.7 DUlAc." from the
current designation of "Residential 0 - 4.4 DUlAc."
Staff Presentation: Mr. Bob Cowan presented the staff report
noting the applicant is seeking approval to initiate a General Plan
hearing so as the applicant can subdivide one lot into two parcels.
Staff is recommending a finding that the Planning commission do not
initiate a hearing. Mr. Cowan pointed out the property is in the
old Monte vista area which was separated out from the General Plan
in terms of land use categories for several reasons. As a
consequence of this, the property is not allowed to be subdivided.
The issue also involves the zoning. Mr. Cowan reviewed the net lot
area required to subdivide and density area. He suggested if a
change is considered to look at the entire planning area not just
a single lot. He noted this is not a unique situation and other
similar applications have been denied.
Applicant Presentation: Mr. Kerstulovich, 10421 Orange Avenue,
noted that all the eight lots west of Orange Ave have 4 and 5
homes, whereas his block has only 3 houses. He noted the
subdivision would blend in with the neighborhood and neighbors do
not object to the proposed subdivision.
In response to Com. Claudy's question Mr. Kerstulovich stated the
existing house on the lot would be demolished as it is an old
building. He noted he was unaware of the zoning change when it
took place.
Com. Claudy stated he is opposed to spot zoning and was not in
favor of holding a hearing. Chr. Adams agreed, he felt it is too
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 6
much house on too little lot. Com. Claudy suggested looking at the
whole area as a General Plan review, which is upcoming.
Com. Fazekas stated he would like to see the whole area reviewed
and was not in favor of spot zoning.
MOTION:
Com. Claudy moved to recommend denial for a public
hearing
Com. Fazekas
Passed 5-0
SECOND:
VOTE:
5. Annual Report on the status of the city of Cupertino General
Plan pursuant to Government Code section 65400 (b).
staff Presentation: Mr. Mark Caughey presented the staff report.
He noted state Law requires review of the General Plan to assess if
the Plan that exists is adequate to withstand legal challenge, but
also does it serve as an appropriate measure for guiding growth and
development in a community. Mr. Caughey noted staff has reviewed
development entitlements as outlined in the staff report. He noted
the largest category was Office/R&D. Other major findings at the
year end review had to do with the status of existing elements of
the plan. Work on the housing element needs to be done as required,
by state law, which is being addressed at this time. Elemental
material such as Seismic Safety Plan and Surface Mining Quarry Plan
have to be referred to state offices. Staff feels they have done
the necessary work at this time.
6. Report of the Director of Community Development concerning the
work program for completion of the stage III General Plan
Amendment process.
Staff Presentation: Mr. Bob Cowan presented the staff report. He
noted he would like to get an endorsement from the Commission so
staff can begin to write work programs and look at consultants. He
noted this report will come back in January with budgetary items.
Mr. Cowan explained the work program for the 1979 General Plan
stating there would be four basic elements to this process as
outlined in the staff report. Mr. Cowan explained Task II Defining
the Alternatives. He requested input from the Commission on the
process as it has been used in the past.
Com. Adams stated the four alternatives are the optimum
alternatives to be looked at.
Com. C1audy suggested a trade-off alternative, reducing density in
some areas and increasing in others.
Chr. Adams asked if office space is empty and converted to
residential can it be used as a trade-off.
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 7
Mr. Cowan stated study sessions will be scheduled for General Plan.
Chr. Adams stated sunnyvale do have such study sessions.
Mr. Cowan explained the change areas for land use matrix as
outlined in the staff report. Regarding the geographical boundary
as outlined in the Goals Committee report there has been suggestion
that staff look at the possibility of talking to residents in San
Jose south of Bollinger and east of De Anza Blvd. about completing
annexations into Cupertino. Mr. Cowan suggested I imi ting the
discussion to the existing urban service area. He noted a few
years ago the City approved a sphere boundary which is a '25 year
growth line, he pointed this area out on the screen and suggested
this not be studied at this point in time.
In response to Com. Fazekas question regarding increase in density,
Mr. Cowan stated he sees potential for mixed-use development and
housing mitigation.
In response to Com. Mackenzie's question regarding measuring
different levels of intensity, Mr. Cowan stated the population,
number of units and trips generated are evaluated to measure
intensi ty. He noted in the Goals Committee report there is a
desire to look at the character of development of this community'
which may translate into intensity issues.
Com. Mackenzie suggested staff come out with some specific ways of
describing an alternative for better understanding. He wants an
easy way for someone to make a proposal which the Commission looks
at, this would allow community participation. He suggested a
matrix.
Com. Mackenzie suggested in Demographics, under Aging to look at
number of children with working parents and what kind of child care
facilities are available; Under B. Land Use add (c) redevelopment.
He noted the child care should go under E.
In response to Com. Fazekas question regarding Monte vista, Mr.
Cowan asked if the commission wants to look at all residential
neighborhoods in the City in terms of intensity, although Mr. Cowan
did not suggest this.
Com. Fazekas suggested staff look at
appropriate for larger density.
increasing density in hillside areas.
neighborhoods that would be
Chr. Adams suggested not
Com. Mann suggested adding two lots and sUbdividing into three lots
which is a way of increasing density. Land combination and splits.
Com. Fazekas suggested concentrating on the seven identified areas
and how can the affordable housing demand be met.
PLANNING COMMISSION MINUTES
Regular Meeting of December 10, 1990
Page 8
Com. Claudy suggested the area in Monte Vista should be studied for
increased housing. Com. Mackenzie stated this should be done only
after the housing element study is done.
REPORT OF THE PLANNING COMMISSION:
Com. Fazekas reported on the light rail system and presented a
brochure to each of the Commissioners. He noted he was suggesting
the Commission give some thought to which connection, Mountain View
or Sunnyvale, would be appropriate. Mr. Cowan stated the City
Manager will be taking this issue before the City Council in
January. Com. Fazekas stated there are pros and cons ;:0 each
alternative. Mr. Cowan noted staff has not reached a consensus at
this time as to which City will be considered and stated the Goals
Committee are recommending the De Anza Corridor.
Chr. Adams reported on the Mayors Luncheon. Discussions were held
on the Library, Fine Arts and Cable Commission who all have two
seats available. The Fine Arts Commission discussed co-sponsoring
other group policy and the United Cable Services, their equipment
is not providing adequate services. Cortney Heater, Energy
Committee stated he is promoting a city Data Base and a Ride Share
Data Base Program. 2.4 utility Tax was discussed.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
- None
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
ADJOURNMENT:
Having concluded business, the Planning commission
adjourned at 10:00 P.M. to the next Regular Meeting
of January 14, 1991 at 7:30 P.M.
Respectfully submitted,
~N,{',~G-\
Catherlne M. Robillard,
Recording Secretary
Planning commission
Qf January 14, 1990
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nellus, Clty Clerk