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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 /~/- rman â nellus, Clty Clerk