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PC 11-26-90 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 , MINUTES~ THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON NOVEMBER 26, 1990 ROLL CALL: SALUTE TO THE FLAG: Commissioners Present: Chairman c1audy vice Chairman Mackenzie Commissioner Adams commissioner Mann Commissioner Fazekas Robert Cowan, Director of Community Development Mark Caughey, City Planner Ciddy Wordell, Associate Planner Michele Bjurman, Planner I Marilyn Norling, Housing Coordinator Charles Kilian, City Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: VOTE: Com. Adams moved to approved the Minutes of the November 13, 1990 meeting with the following modifications: Page 8 last paragraph word "formally" inserted before the word "merged"; Page 13, NOES Com. Adams, Com. Mackenzie Com. Mackenzie Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1: ITEM 5: MOTION: SECOND: VOTE: Application 17-U-90 and 25-EA-90 - Applicant requests continuance to January 14, 1991 Application 9-Z-90 and 40-EA-90 - To be removed from Calendar Com-~Adams moved to continue Application 17-U-90 and 25- EA-9D to January 14, 1991 and to remove application 9-Z- 90 and 40-EA-90 from the Calendar. Com. Fazekas Passed 5-0 WRITTEN COMMUNICATIONS: -None ORAL COMMUNICATIONS: -None PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 2 CONSENT CALENDAR: -None PUBLIC HEARINGS: 2. 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 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. Caughey presented the staff report. He noted the request is a modification of operation characteristic of the site to formalize the Use Permit that would allow auto repair to become the principle use of the site. The relationship between BP oil and Mr. Corona has been eliminated, underground tanks as well as the gas pumps have been removed. Mr. Caughey stated in the prior staff report, staff had recommended denial, but after receiving several letters from the adjoining residents in support of continuing this auto repair, staff now recommends approval as the auto repair service is a convenience to the public and if ceased would be detrimental. The conditions include, limitation of hours of operation and limit the parking spaces. The conceptual Landscaping Plan would be returned to ASAC. Staff suggested the area behind the building be fenced off. Another condition is the applicant is to certify that the removal of tanks was done in accordance with the Water Resources Board as well and the Santa Clara Water District. Com. Adams expressed concern regarding contamination. Mr. Caughey stated the responsibility for managing the tanks and the removal rests with BP oil. BP oil will have to certify the clean up was done in accordance with the necessary requirements. Com. Adams felt the owner of the site should be responsible for the clean up. In response~t~Com. Adams question, Mr. Caughey stated it is the original struc~ure, and noted on the site plan there is a notation for future expansion of the structure, which staff would encourage. In response to Com. Mackenzie's question Mr. Caughey stated the parking was limited because vehicles parked on-site tend to get out of hand. He noted staff is concern about future owners, long term parking and storage of vehicles. Com. Mackenzie questioned the area behind the structure. Mr. Caughey stated as part of the final review by ASAC they will examine the possibility of landscaping. In terms of overnight parking, staff considered it impractical to require all the vehicles to be removed at night, this was part of PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 3 the reason ,filr limiting the parking concerned a~~t the enforcement of concerned about future owners. stalls. staff this applicant, is but less are Chr. Claudy expressed concern regarding parking stalls and did not feel the number of parking stalls are sufficient. He stated the limit of stalls does not limit the amount of cars parked on the site, noting problems in the past with other sites. Mr. Cowan stated the earlier Use Permit for Gas stations did not place limits on parking spaces, which in turn causes problems. Mr. Caughey stated if an expansion was done more parking will be required. Aoolicant Presentation: Mr. Carlos Corona stated the concerns of the Commission was his concerns also. He noted over the 21 years in which he has operated this business he never had problem with over congestion. He stated this is not a new business, but an old one and has a problem with seven parking stalls. Mr. Corona stated the area behind the station should be kept open for a fire lane. In response to Com. Fazekas' question Mr. Corona stated 12 parking stalls would be acceptable and had no problem with seven for overnight parking. Com. Adams questioned the architecture of the building asking if the architectural treatment could be dressed up to fit in with the other corners in the area. Mr. Paul Reed, Architect, showed a drawing of the structure and the colors to be used. He explained the landscaping to be put in and noted the building was in good condition and with upgrading the paint and resurfacing the asphalt it is an attractive auto repair shop. Com. Mann concurred with Com. Adams regarding dressing up the architecture and suggested the architect consider more detail and minor landscaping in the back of the building. . ._-~ --U_-,..;.__ The public h~ing was opened. Mr. Ed Bloom, questioned the flag pole and suggested a Cupertino Flag. Mr. Reed stated he will consult with an architect and work with staff to improve the architecture of the building. Com. Fazekas stated there are inexpensive ways to dress up the building. Chr. Claudy noted he would like to see more landscaping on front of the building. PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 4 The Commissio~ agreed that the use of the site is acceptable but the architectUre should be looked at once again. In response to Com. Adams question opposed to minor auto repairs, Mr. verifies minor auto repairs. regarding major repairs as Cowan stated that Condo 2 Com. Mackenzie stated the conditions should be written clearly for future owners of the site and suggested word changes: Cond. 3 second paragraph with the intent that only vehicles belonging to the proprietor or being serviced by the proprietor are allowed to park overnight; Condo 6 to read "The area labeled future expansion is not approved at this time"; Condo 7 to keep the back area clear of weeds; Cond. 9 the word "obtain" change to "provide to the City...". Com. Adams stated the plans should reflect the trash enclosure, location and screening. MOTION: Com. Mackenzie moved to continue application 20-U-90 and 39-EA-90 to December 10, 1990. Com. Fazekas Passed 5-0 SECOND: VOTE: 3. Application No(s): Applicant: Location: l-GA-90 Update of the Housing Element City of Cupertino City-wide Review and update of the background data and policies of the General Plan Housing Element. Staff Presentation: Ms. Ciddy Wordell presented the staff report. She noted the new policy introduced at the last meeting will be discussed. Ms. Wordell recapped the figures regarding the Jobs/Housing ratio. A number of programs are in place to provide low cost housing. The council directed the Commission to consider housing mitigation and inclusionary zoning as a new policy in the General Plan. Ms. Wordell went over the suggested wording for this as outlined on page 2 of the staff report. -. Ms. Marilyn Nq~ling, Housing Coordinator, explained why money is needed for affordable housing and the potential tools to accomplish this. She recommend inclusionary zoning to develop rental over ownership units, fee waiver scale, mixed-use and higher density. The housing mitigation alternatives were explained and noted she had compared housing mitigation fees with other cities, but was still not ready to give a set figure for this fee. Retail was asked to be exempted from this at the last meeting, she felt retail should not be exempted as it can be a potential for mixed-use development. Ms. Norling stated she would support the reduction of fee for retail. Commercial housing mitigation programs were PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 5 explained ~s._,=-:when compared with five neighboring cities. Ms. Norling fel~~aff had responded to the state's concerns and have been much more specific on how the City would supply housing. In response to Com. Fazekas question regarding inclusionary zoning, Ms. Norling stated that research on residential inclusionary zoning show fees are paid below a certain number of units. She noted if supplying 10 units one unit would be affordable housing. Com. Fazekas clarified that the concept is to keep the affordable housing within the complex. Mr. Cowan stated this is a new concept which the Council asked the Planning Commission to look at. He noted the question to the Commission is if the concept of inclusionary zoning is acceptable. Mr. Kilian, City Attorney stated if a study determines that there is a relationship between retail/office and more housing being required, this policy would require a mitigation fee or housing be provided. Chr. Claudy suggested residential development demand for housing. housing mitigation fees for new non- proportionate as to their impact on the Com. Mann questioned the cities surveyed and their exemption on retail. Ms. Norling stated the cities surveyed vary on their fee. She noted a fee which is smaller but affects everyone. Com. Adams stated he could not see a flat fee for everything, but the study should conclude what the numbers will be. Mr. Kilian stated the State requires the city to adtlress the housing imbalance in the Community in a number of ways noting that the fee solution is less desirable. In response to Chr. Claudy's question regarding mixed-use, Mr. Kilian stated it is within the power of the Planning Commission to require mandatory mixed-use. He noted the Planning Commission just have to point out the direction they want the housing element to go, on/off-site housing, housing mitigation fees or how to encourage more affordable housing and less f~----" -- In response to Com. Fazekas question Ms. Norling stated if a developer dedicated land the city would then work with a non-profit developer. Chr. Claudy felt the wording of policy 3-x simply gets a fee because most developers will want to pay a fee over on/off-site housing. In response to Com. Fazekas question Ms. Norling stated subsidizes would be provided to developers who provide affordable housing, she PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 6 also noted there are possibilities of placing affordable housing within indu&trial development. Com. Adams suggested lobbying effort to banking areas to help them understand the need for housing and the problems the City faces. Ms. Norling stated she is working with bankers at this time. In response to Com. Mann's question Ms. Norling stated the low income housing would be rental and agencies like Cupertino Communi ty Service would manage the rental property. Mr. Cowan stated there is a number of ways to do this. The public hearing was opened. Chr. Claudy stated the city is under pressure to provide affordable housing. Mr. John Endicott, Westfield expressed concern regarding a possibility of tax on retail. He noted retailers pay property tax as well as providing sales tax to the City. Mr. Endicott went over the figures of the taxes which Vallco pays. He noted vallco also pays into an environmental fund. He noted if Vallco is not able to expand because of taxes then the tax for housing would not be paid, but the more significant revenue of sales tax would not be realized. Mr. Jim Eller, Attorney, representing Westfield, noted he had studied other cities in the region and how they are addressing retail. He noted San Jose, Sunnyvale, San Francisco, San Mateo and Mountain View have no fees for retail. He suggested taking a portion of new sales tax and apply towards the housing programs. Mr. Ed Bloom, Wallace Drive, questioned the affect of low income housing on the quality of living. He noted there have been laws since 1980 for cities to provide low cost housing. Com. Mackenzie has suggested wording for policy 3-x as follows: "A study shall be conducted by the City to determine the relationship between land uses and housing needs and possible assessment procedures for paying fees, providing housing units, or contributingt~ward mitigation in other ways. The City shall then require that all kinds of development where such a relationship is established shall mitigate increased needs for affordable housing through fees and in other ways such as direct provision of needed units as part of the development". MOTION: SECOND: VOTE: Com. Fazekas moved to close the public hearing Com. Mann Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 7 MOTION: Com~_ Fazekas moved to recommend granting of a Negative DF.claration Com. Mann Passed 5-0 SECOND: VOTE: MOTION: Com. Mackenzie moved to approve I-GPA-90 subject to the findings and subconclusions of the hearing with the proposed policy 3-x modified as suggested by Com. Mackenzie as written above. Com. Fazekas Passed 5-0 SECOND: VOTE: 4. Application No(s): Applicant: Location: 81,004.151 City of Cupertino City-wide Preliminary review of 778 concerning the significant trees. proposed amendment of Ordinances 381 and care, preservation and removal of Staff Presentation: Ms. Michele Bjurman presented the staff report. She noted this was the final draft and had comments from ASAC. Chr. Claudy requested word changing section 6.6 to reflect the applicant who receives the permit to purchase the tag, but with heritage trees, the City provides the tags. Com. Mackenzie requested a change in section 3.1(a) to read "Trees on private developed or undeveloped land with a single trunk diameter of 12" (circumference 31") or multi-trunk diameter of 15" (Circumference 47"). Chr. Claudy question the single trunk and multi-trunk trees. Com. Mann stated if the tree branched 3 ft. below it is considered multi-trunk. Ms. Bjurman recapped ASAC's comments regarding the Tree Ordinance. ASAC did not like the residential component of the ordinance, they are concerned about the City controlling private property and residential development. They preferred only heritage designation only and if¿~idential was to be consider, the trees should be visible to tn.cpublic. Also larger tress than specified in the ordinance and/or specific specie type. The also prefer to add under the exempt list specific specie types. They felt the City should fall under this Ordinance as well as public utilities. Chr. Claudy suggested removing (a) from section 5.1 under exemptions. Ms. Bjurman went on to say ASAC did not approve of the 33 percent foliage under pruning as this does not mean anything to the average homeowner. ASAC is concerned about the retroactivity of this Ordinance and believe all trees planted from when the Ordinance is adopted should be applicable versus going PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 8 back. Underc- Exemptions ASAC did not approve of their body determining~onomic hardship. ASAC did not feel the fine was not high enough, but can still require a person to replace a tree. Com. Mann expressed concern about ASAC's request regarding removing residential designation. She suggested if residential designation was removed they could not be done so for six months or until an analysis of the trees are done. Mr. Kilian made a correction as to the penalties for a misdemeanor. It is a maximum $1000 and/or six months in jail. Ms. Bjurman stated the City could require the replacement of a tree plus a security deposit. Mr. Kilian stated the City should require a deposit as to the value of the tree to secure the trees remain up and not cut down. With regards to replacement of a tree, either require the replacement of a tree or a civil penalty. He did not know of any authority for this civil penalty. In response to Com. Mackenzie's question regarding the City proving damages if a person cuts down a tree, Mr. Kilian stated the first thing the City would do is get a judgement ordering the person to replace the tree. The civil action brought by the City Attorney should say damages measured by the cost of replacement. Once the cost of replacement is received, does the City then have the obligation to replace the tree back on the property? Com. Fazekas stated the enforcement is based on neighbors complaining. Mr. Cowan stated an article would be placed in the Cupertino Scene to alert residents of the Ordinance and the penalties. He noted the City Council consider residential property a problem when losing trees. Com. Fazekas suggested raising the diameter size of trees to be considered under the Ordinance. The public hearing was opened. Mr. Courtney Heater, 1111 Milky Way, noted this ordinance is an effort to protect trees. Residents want to protect their environment. There are threats to trees by new residents, developers and public utilities. Mr. Heater had suggestions as to remedies of protecting the trees. The concept of replacing trees with a fee that evaluates how much the tree is worth. Regarding civil penalties make this apply to the planting of street trees. He felt it is more appropriate to maintain the existing canopy of trees within the city than to specify where the tree should be. He would like to see people invited to offer suggestions as to which trees should be protected for community assets and to see the trees PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 9 have identit¥~~and are protected. He felt ASAC overlooked the tree population LD-~esidential areas. Ms. Nancy Hertert, San Juan Road, stated she would like to see tagging of a tree as voluntary rather than requirement. She noted regarding section 4.3(c) there should be an appeal process of 10 days before the tree can be taken down. She suggested adding a sentence to section 7.1 as to how the tree is considered. Section 7.2 to reflect a person protecting a heritage tree will receive help from the city. She noted she was in support of the Ordinance. dealing with the building is to impose a very high the cost of replacement of a Mr. Chuck Kilian stated in imbalance, maybe the solution penalty with no relationship to so that a person is punished. tree civil tree, Chr. Claudy felt the residential tree is the least threatened, but also the most difficult to protect. Corn. Mann suggested adding age or specific species. Corn. Mackenzie and Corn. Mann gave suggestions as to word changes in the sections as outlined in the motion. Ms. Nancy Hertert had suggestions for word changes as outlined in the revised staff report. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: Corn. Mackenzie moved to close the public hearing. Com. Mann Passed 5-0 Com. Mann moved to recommend granting of a Negative Declaration. Corn. Fazekas Passed 5-0 Com. Fazekas moved to recommend approval of 81,004.151 subject to the findings and subconclusions of the hearing with the following modifications: section 1.1 remove (a) to end, now becomes (e); section 3.1 to read "Trees on .t'Åftl.e developed or undeveloped lands with a single tr~ diameter of 12" (circumference 31") or multi-trunk diameter of 15" (circumference 47"); section 3.2 to read "No person, owner, business entity in business of removing trees or tree care or other entity shall directly or indirectly engage in tree removal; section 4.1 add "his/her" instead of "his"; section 4.3 (c) to read "The continued existence of the tree creates a significant economic hardship to the property owner". (d) Director to consider the source of the tree, (e) Director to consider age or other significance of the tress, (f) Director to consider placement of the tree on the site or PLANNING COMMISSION MINUTES Regular Meeting of November 26, 1990 Page 10 SECOND: VOTE: in,~ßlationship to other plantings or structures on the si±e" add paragraph to read "The permit shall be posted 10 days before any action is taken"; Section 5(a) to be removed; Section 6.1(a) replace 1:1, 2:1, 3:1 with "up to three times the number of trees or as deemed appropriate by the Director'" section 6.3 to reflect a deposit to the value of the tree and if the tree is destroyed the director decides how the deposit is used; Section 6.6 remove "2"x4" aluminum"; section 7.1 first sentence remove the word "shall" replace with "may"; Section 7.2 first sentence remove word "shall" replace with "may";' Section 7.3 to read "It shall be the property owner's responsibility to protect the tree, the plan may be provided for his/her use at his/her discretion to obtain that objective; section 7.4 removed; Section 7.5 to reflect "on any future use permit, tentative map or zoning change, the City .may require an easement on initial building permits be recorded"; Section 7.6 remove "2"x4" aluminum"; section 9 add the words "civil penalties up to three times the amount of the cost of replacement" after the word "seeking", remove "damages". Com. Mackenzie Passed 5-0 REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Cowan reported on the City Council Meeting. Sobrato Development was approved. Dale Meyer Project was continued, Council did not like the architecture. Five lot subdivision on Stelling Road was denied. Regarding Lucky store, as a result of this application there will be a nuisance abatement hearing. Wherehouse application, Council agreed with minor changes and allowed one more section in the back to be filled in. DISCUSSION OF NEWSPAPER CLIPPINGS: - None -