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PC 06-11-90 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 JUNE 11, 1990 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman Claudy commissioner Adams commissioner Mann Commissioner Fazekas commissioners Absent: vice Chairman Mackenzie Staff Present: Robert Cowan, Director of Community Development Mark caughey, City Planner Travice Whitten, Assistant City Engineer Leslie Lopez, Deputy city Attorney APPROVAL OF MINUTES: MOTION: Com. Adams moved to approve the minutes of the May 29, 1990 meeting, as amended Com. Fazekas Passed 4-0 SECOND: VOTE: MOTION: Com. Adams moved to approve the minutes of the May 30, 1990 meeting, as presented Com. Fazekas Passed 4-0 SECOND: VOTE: POSTPONEMENTS OR NEW AGENDA ITEMS: -' None WRITTEN COMMUNICATIONS: Jim Jackson Glen Grigg Tim Yuen ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 2 PUBLIC HEARINGS: (Cont) 1. Application No(s) Applicant Property Owner: Location: 3-Z-90, 5-TM-90 and 11-EA-90 First Baptist Church of Monta Vista Same North side of McClellan Road, 130 ft. west of Byrne Avenue REZONING of approximately 2.07 acres from BQ (Quasi Public Building) to Rl-7.5 (Single Family Residential, 7,500 s.f. min. lot area) or such other zoning classification as deemed appropriate by the Planning commission or city Council. TENTATIVE MAP to subdivide 2.07 acres into nine lots ranging in size from 7.600 s.f. to 10,300 s.f. Chr. Claudy informed the public that this was the third hearing on this application and stated it was still a public hearing and invited the public to talk on new issues not discussed at previous meetings. The public hearing was then opened. Mr. Tim Yuen, 10445 San Fernando Ave, stated that there was potential of another buyer for the property who would use it as a church and day care center. Mr. Yuen presented a slide presentation expressing concern regarding the large trees on lot 6. He noted one tree was very close to the edge and if fill was required it would kill the tree. He expressed concern regarding the setbacks required from the trees. Mr. Yuen presented slides showing the access off McClellan Road as opposed to San Fernando Avenue. He stated the volume of cars on McClellan was already too much and a few residents would not make a big difference. He showed other developments in the area with roads onto McClellan. He expressed concern regarding the width of the road at Black Berry Farm stating it was difficult to see traffic from this road. Mr. Yuen stated he did not feel that all the options had been considered, he spoke in favor of a Townhome development and suggested the trees be deeded to the City. Ms. Phyllis Yuen stated if the trees were in a common area they are much too big for children to climb, which was a concern at the previous meeting. She suggested trees in a common area with decking. Mr. Rylan Luke, 10434 San Fernando Ave., stated the staff report does not include the restrictions for easements and CC & R's. He noted he was happy to see the trees preserved. Mr. Luke presented a layout of lots to preserve the trees. He noted that some of the housing would require shared driveways. He suggested land under the trees be deeded to the City and also suggested low water plantings around the trees. He stated this layout would not work PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page J with entrance off San Fernando. He stated with this layout the fence would not have to be moved 3 ft. as in the proposal. In response to Com. Adams question Mr. Luke stated this was the first time this had been presented. MOTION: SECOND: VOTE: Com. Mann moved to close the public hearing Com. Adams Passed 4-0 Com. Mann stated she still prefers a Townhome development with an exit onto McClellan stating this would be much safer. Com. Adams stated he previously supported Townhome development, but with the covenants on the lots to keep the trees and reducing lot size he would support the proposed plan. He stated that McClellan is a good approach, but staff says it is not a good idea. He noted he would support a Townhome development with exit onto McClellan but stated the other approach would work with covenants to maintain the trees. He stated it would not be feasible for the trees to be deeded to the city. Com. Mann stated if the trees were not deeded to the City they could be part of the CC & R's and belong to all property owners. Com. Adams stated although this is feasible, a homeowners association has problems receiving funds to maintain the trees. In response to Com. Fazekas question Mr. Mark Caughey stated that the tentative map had not been changed but staff had taken a different approach. He stated the deed restriction motion which would be an enforced requirement is the essence of Condition 20 in the staff report. He stated the homeowners would enforce the deeds as opposed to the city. Ms. Leslie Lopez, Deputy City Attorney, stated the City could initiate an enforcement action if the trees are not being maintained. She stated it is a private method of enforcement. She stated the agreement would be attached to the land and apply to all future property owners. In response to Com. Fazekas question regarding improvements of the narrow section of San Fernando Mr. Whitten stated staff would need to look into this. Chr. Claudy stated that access onto McClellan is more appropriate. He commented on Mr. Luke's layout proposal. He noted he was concerned regarding lot 6 being too small. He suggested two cui de sacs, one onto McClellan and one onto San Fernando. Chr. Claudy stated other approaches could be taken and suggested zoning PD with residential intent. Com. Mann supported the PD zoning. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 4 Com. Adams stated he would support a PD zoning that would give the applicant more latitude in lot lines, setbacks and combined ownership of the trees. He stated the northerly portion of the property could be supported by the existing cu1 de sac and the other property with access onto McClellan. Com. Fazekas stated that only seven lots are needed if access onto McClellan is required and stated staff had done much work on protecting the trees as regards to the access onto San Fernando. MOTION: SECOND: VOTE: Com. Adams moved to open the public hearing Com. Mann Passed 4-0 Mr. Warren Whaley stated that the cuI de sac could be moved further to improve lot 6. He noted conservation easements could be provided for the area of the trees. He stated there would be no construction in these areas. He noted the traffic report stated traffic onto McClellan would not be appropriate and stated two cuI de sacs would be difficult. Mr. Chris DeGroot, 1451 Hervey Lane, stated that access onto McClellan is to dangerous as there are blind spots. Mr. Travis Whitten stated that staff had looked at the intersection. He noted that east bound on McClellan going into the church there is not adequate site distance because of house on the southeast corner and stated that staff would like to restrict· access to McClellan to right turn in, right turn out and a median placed on the curve. In response to Com. Adams question Mr. Whitten stated a stop sign is not a good idea in peak hours. Mr. Clayton Stokes, 21971 McClellan Road, stated it is difficult to go through the process with the City to follow codes and ordinances and then have the project thrown out. He stated Mr. Luke's proposal had not been through the process. Mr. Stokes stated he understood the traffic concern, but believed it was taken care of at the last meeting. He noted planned development was not appropriate and stated this plan is within the guidelines of the General Plan. He stated the access onto McClellan is dangerous. He noted historically the entrance to the church was San Fernando. He stated this is the best plan. Com. Fazekas questioned the grade drop at the entrance into the church. Mr. Stokes stated it is approximately 3 to 6 ft. Mr. Robert Cowan stated the applicant was not asked to explore other options because staff recommended R1 which is consistent with the neighborhood. He noted that staff did not feel that 80 more trips on San Fernando was not a significant change. He stated he did not realize so much time would be spent on the protection of three trees. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 5 Mr. Bob Leong stated that an Arborist had been hired to work with the developer to protect the trees. Mr. Leong showed other trees in cupertino with development around them and the trees were surv~ v~ng. He noted some of the trees around Cupertino where older than the trees on the proposed development. Mr. Stokes stated the project is viable and noted the trees will be maintained. He noted as regards to the traffic they went with the comments from staff. He reiterated his comments of before, but still felt this plan was the best stating they followed the codes laid out by the City. Com. Fazekas suggested the cui de sac being shorter with flag lots serving the bottom 2 lots, noting this would leave more breathing room for the trees. Mr. Ken Rounsaville noted that Com. Fazekas suggestion would work. He noted that the people who have worked on this plan ~ave many years of experience on this type of development. He noted the proposed plan was the best and there was adequate room on lot 6 to build a house. He noted the trees will be preserved. Mr. Tim Yuen expressed concerns regarding the setbacks. this particular configuration could be done without the and still have adequate space for parcels. He stated flag lots MOTION: SECOND: VOTE: Com. Fazekas moved to close the pUblic hearing Com. Adams Passed 4-0 In response to Com. Adams question regarding the restriction on the trees Ms. Lopez stated a conservation easement would work. In response to Com. Adams question Mr. Caughey stated that the deck provision had been deleted from the staff report because it was specific to a development plan that relates to a specific configuration on the lots. He stated it was determined at the previous meeting that the Planning commission would not approve house plans. He stated that staff recommended no construction on the site leaving the option for decks and work with the arborist. In response to Com. question Ms. Lopez stated the continued maintenance of the tree can be ensured by the CC & R as written is the conditions in the staff report. Com. Adams stated that he would support shortening the cui de sac with flag lots. He noted he was still concern regarding the acceptance of traffic on San Fernando and the preservation of the trees. He noted he would support the application. Com. Fazekas stated he would support shortening the cui de sac with CC & R's and conservation easements to protect the trees. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 6 Com. Mann stated she would like to see a McClellan entrance/exit. Chr. Claudy stated he would not support this proposal. He stated he would like to see a plan using planned development. MOTION: Com. Adams moved to continue application 3-Z-90, 5-TM-90 and 11-EA-90 to June 25, 1990 Com. Fazekas Passed 4-0 SECOND: VOTE: 2. Application No(s): Application: Property OWner: Location: 27-U-89 and 38-EA-89 Pasadena-Granada Corp. Monta vista center Partners North side of Stevens Creek westerly of Mann Dr. (known as Value Hardware" Ctr.) Blvd. "True- USE PERMIT to remodel an existing retail center to encompass 39,500 sq. ft. of commercial/office space and 23 'dwelling units, including 10 units of affordable housing for senior citizens. NOTE: Applicant's proposal is to modify the proposed use permit to encompass 36,000 s.f. of commercial space and 10 dwelling units not age restricted. Staff Presentation: Mr. Robert Cowan presented the staff report. He stated the Council suggested a different concept for the site noting the commercial center will be kept. He noted the new development would be in the southeast corner. He noted the Council would like to see senior housing with flexibility on parking. He noted there was discussion as to the City funding with the affordable housing. Mr. Cowan presented a drawing explaining the development. He noted there will be a potential for expansion of parking. Mr. Cowan went on to explain the difference between the original proposal as to the current proposal. He noted the new proposal contains relocation of the tank house. He stated an alternative would be to deviate from the residential proponent. He stated the applicant is proposing 10 apartments and staff suggest 8 apartments with 4 senior housing. He stated there is an issue on the distribution of the parking spaces as most of the activity is at one end. He noted employee parking and the second parking space for the apartments could be controlled to alleviate the parking problem. Mr. Cowan explained the parking stating a median number needs to be reached and outlined the underground parking. He stated the architecture is consistent with the Monta vista Guidelines. In response to Com. Adams question Mr. Cowan stated nothing has changed on the east side from the previous proposal. In response to Com. Fazekas question Mr. Cowan stated that parking would only be a problem on Saturday at noon when restaurant and retail are PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 7 operating. Chr. claudy clarified that the auto parts store was now being stating the footprint is the same. Acclicant Presentation: Mr. Terry Brown, representing the applicant, clarified conditions in the staff report. He stated Item 4 under discussions, paragraph A, there may be office space intended. He noted under parking, there are 20 parking spaces underground and 12 in tandem. Mr. caughey explained how staff came up with their figures noting some of the spaces were not adequate for tandem. Mr. Brown stated that although the current parking lot is under-parked, he has never seen the parking lot full. He noted they would like the open space but would add additional parking if necessary. He noted the parking spaces are full size as opposed to compact. He stated quality was better than quantity. Mr. Brown noted they do not intend to have a Homeowners Association under Condition 16. Chr. Claudy stated if the Condo's were sold a homeowners association would be required. He stated as regards to Condition 17 regarding the acoustical barrier noting that the westerly property line is down hill and would be impractical to put an acoustical wall. Mr. Brown explained where the tree planting would be. He noted there is significant changes from the original proposal and stated the applicant would like compensation for the below market senior units. Mr. Ray Rooker, Architect, stated there is no longer activity at the western side and suggest tree planting along the service alley. He noted that they would prefer no gate in the service alley. He noted the service alley is not visible and request to retain the trash bins that are already in the alley. He noted he feels that front landscaping along stevens Creek Blvd. is adequate when following Monta vista Guidelines. Mr. Rooker explained the setbacks and the heights of the buildings stating they were compatible with the surrounding area. He explained the architectural material stating the color was not proposed at this time. In response to Com. Adams question Mr. Rooker stated at this time the senior housing had not been placed. The public hearing was then opened. Ms. Ann Anger asked what the outside finish would be. Com. Fazekas stated wood siding. Mr. William Niegle, 21837 Woodbury Drive, stated he was concerned regarding the mass of the building and requested limiting it to no higher than the Nelson building opposite. He expressed concern regarding the exit/entrance stating there are no sidewalks on Mann Drive and showed diagrams illustrating this. Mr. Niegle explained PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 8 his suggestions. Mr. Travis Whitten stated sidewalks will be required with the development. Mr. Patrick Milligan, 10018 Oakleaf Pl., stated that the neighborhood favored retention of retail and commercial. He spoke in favor of the mixed use concept and senior housing. Mr. Milligan presented suggestions on how to make the retail center work stating the developer/owner take an interest in retail. He was not in favor or office space. Mr. Milligan presented a report to the Planning Commission outlining his concerns and recommendations to the True Value center. Ms. Sally Brennan, 19917 TWilight ct., stated she was very concerned about the need for senior housing. She stated there should be at least four senior units in the development. She noted in response to Com. Mann's question that an elevator would be required. Ms. Molly Dalpai, 11970 Walbrook, Saratoga, stated that an elevator would be required in order to have residents to stay. She stated one or two story would not be a problem but expressed concern regarding designating a certain area for the low income units. She does not feel it is necessary to separate these units from other units. She expressed concern regarding the size of the units stating they should not be too small and noted that affordable housing is badly needed. Ms. Dalpai suggested four senior units at minimum. Ms. Robin Kurnan, 1076 Wlutebich, San Jose stated that she has been priced out of Cupertino. She noted there is no affordable housing and they do need to be of adequate size. Ms. Nancy Burnett, 725 Stendhal Lane, expressed concern regarding affordable housing for everyone, stating it is badly needed. Mr. Terry Brown stated the units are larger because of parking requirements. Rather than have more smaller units they are limited as to the parking. He felt some of the seniors would not be driving and the parking would be adequate even with more units. He stated they are proposing no compact spaces. He noted the west side of the site is viable for senior housing in the future, but to increase the units requires increase in parking. In response to Com. Adams question Mr. Brown stated the west side of the site would develop to as many units as practical as soon as sufficient parking is determined. Mr. Brown stated he is open to discussion regarding the senior units with compensation from the city. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 9 Mr. Cowan stated a meeting with the city Housing Department will determine the compensation. He stated there was no requirement in the General Plan to require senior housing. He noted the direction of the Council is to provide some housing on the site. Com. Mann expressed concern regarding the loss of the four senior units. Mr. Brown stated that an elevator will be put in regardless of senior housing. He stated there is flexibility on the site and the west side looks good for senior housing. Mr. Cowan stated the west side of the site is not an issue at this time. Ms. Nancy Hertert stated the four senior units are desirable. She noted it was a good design, but would like to see sound proofing in the senior units. Mr. Paul Ilgenfritz, 10266 Danube Drive expressed concern regarding senior housing. He noted the Planning commission needs to require senior housing. MOTION: SECOND: VOTE: Com. Adams moved to close the public hearing Com. Mann Passed 4-0 Com. Adams suggested that staff recommendation to require 4 senior housing and the details worked out between the City and the developer. Com. Mann suggested that if the applicant's plan is approved parking should be reviewed after a certain amount of time to determine if additional parking is required. She noted they can go with the 124 parking spaces. Com. Adams suggested Condo 19 be changed to read northerly site rather than southerly and westerly perimeter. He noted regarding the landscaping and suggested that the developer offer the neighbors behind the acoustical wall trees for privacy enhancement. This would then not require trees along the alley at the wall. He noted if the neighbors did not want the trees then they would not be put in. Chr. Claudy did not feel that planting trees in the alley was necessary. Com. Fazekas did not concur with this. Mr. Caughey stated the only reason for the trees was to be consistent with the Monta vista Guidelines. Com. Mann stated a gate was not required, but could be installed if the area becomes a problem. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 10 Corn. Adams concurred with Corn. Mann. Corn. Adams suggested wing wall enclosures for the trash bins be required. It was decided by the Commission that Condo 16 be deleted at this time. Mr. Cowan questioned the issue of office space. Chr. Claudy stated this should be treated as any other retail center. Corn. Fazekas stated there was to little parking and was treating some of the retail as office space. Mr. Caughey stated the floor area ratio for office and retail is the same. He noted the expectation is for strong retail over office space. MOTION: SECOND: NOES: VOTE: Corn. Adams moved to recommend a report to the City Council to consider the following suggestions and changes to the use permit: Condo 15 as stated in the staff report; Condo 16 to be deleted; Condo 17 to be reworded to cover the northerly perimeter of the site for the wall; Condo 19 to read: The city may require installation of additional parking as described on sheet 3 (shows feature extension area). If the City determines that addi tional parking is necessary, the determination should be made following the public hearing by Planning Commission and City Council based upon the submittal of a report describing parking deficiencies within six months; Condo 20 chain installed to restrict traffic. Condo 21 no trees need be planted to provide landscaping along the north wall, but to offer the neighbors trees to plant; trash enclosure wing walls to be provided for tenants along the northerly retail/office complex; Condo 23, approximately one third of retail space may be office; request staff to review Mann Drive entrance/exit. Corn. Mann Corn. Fazekas Passed 3-1 Corn. Fazekas stated his reasons for a no vote are the proposed plan is no improvement from the previous one, he feels it will not succeed as a retail center and was concerned regarding the landscaping. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 11 3. Application No(s): Applicant: Property OWner: Location: 10-U-90 smith & smith Architects Wells Fargo Bank Retail Facilities Mgmt. Southeast corner of So. De Anza Blvd. and ROdrigues Avenue USE PERMIT to add approximately 600 s.f. to an existing retail bank building, install a total of six ATM devices, and enhance on-site parking and circulation. staff Presentation: Mr. Robert Cowan presented the staff report. He stated the request to construct additional space on the east elevation on the Wells Fargo Bank for ATM machines. He noted the parking will be reconfigured. He noted there are 2 existing curb cuts which will be consolidated. He pointed out where the access would be with complete circulation for traffic without going out into the street system. ADDlicant Presentation: In response to Com. Mann's question Mr. Rick smith stated that each ATM has it's own camera which faces the person. Mr. Caughey stated the cameras had been discussed with the sheriff's department and the condition is written that the actual video system will be approved in consultation with the Sheriff's Department. He noted this was condo 15. In response to Chr. Claudy's question Mr. caughey stated it had been discussed with security that video tapes will roll and be saved 24 hours a day. Com. Adams stated condition 15 should include adequate lighting. Mr. Cowan stated that condo 17 includes lighting and video cameras. In response to Com. Adams question Mr. Caughey stated there was a HVAC enclosure next to ATM closest to street. He noted there are also trees. He noted when staff talked to the crime prevention group they pointed out there was no visibility of the ATM from the street. The crime prevention group stated this was not necessary if the bank was equipped with security. Com. Adams suggested staff or ASAC look over landscaping to make sure there are adequate visual corridors for the ATM closest to the street security requirements. The public hearing was opened. MOTION: SECOND: VOTE: Com. Mann moved to close the public hearing Com. Adams Passed 4-0 PLANNING COMMISSION MINUTES Regular Meeting of June 11, 1990 Page 12 MOTION: Com. Mann moved to recommend approval applicant 10-U-90 subject to the findings and subconclusions of the hearing. Com. Adams Passed 4-0 SECOND: VOTE: NEW BUSINESS: 4. APPLICATION 12-U-88: PIZZERIA UNO RESTAURANT (Art Gunther): Request for minor amendment of exterior architecture for the outdoor seating area of an existing restaurant located on the south side of Stevens Creek Blvd., 400 feet east of Blaney Avenue. Staff Presentation: Mr. Mark Caughey presented the staff report. He stated staff has concerns regarding the design of the application which does not remain true to the original concept of the plan. He stated the basic difference being the lattice work which originally extended from the ground to the canvas enclosure which enabled the under story plantings to become part of the structure. He noted this will not be achieved with the new plan. He noted staff was concern regarding consistency between this proposal and the conditions of the original use permit stating the outdoor seating area was not calculated in the amount of square footage that was use determined whether this project was consistent with the characteristics of the restaurant that was present on the site before. He noted Com. Mackenzie's concern regarding number of outside seats were reserved on an exhibit for that purpose and are not transferable. He stated this portion was to be used as a seasonal used area. Mr. Caughey noted concerns regarding the trip generation. He noted page two of the staff report suggests options. In response to Com. Mann's question Mr. Caughey stated there is no intention of moving the awning. He noted a concern of staffs' was that over time the awning may wear and be replaced by a permanent structure. In response to Com. Fazekas question Mr. Caughey stated there was an arrangement with the furniture store next door for overflow parking. He also noted that arrangements had been made with the owners of the office building across the street for employee parking. He noted parking was less of a concern. The commissioners discussed the structure. Mr. Jackson, representing the applicant, stated this restaurant was a credit to the community and was a good family restaurant. He noted originally there was no outdoor eating. He noted the original resolution stated 190 seats indoor and outdoor. He stated he disagreed with the concept of seasonal seating. He noted he disagreed with the May 14th staff approval for more permanent seating. He noted this area will not become permanent enclosure stating it was the same as before with a shelter. PLANNING COMMISSION MINUTES Regular Meeting of June 11, 199Q Page 13 ADDlicant Presentation: Mr. Art Gunther explained why the beams are were they are. He noted the materials being used are the same as before. He noted there are pop out windows which will not prevent the plant growth. He stated when the lattice goes up the plants go back up. He stated the only change was the windows noting there was no square footage or seats added. He stated the awning is mandatory for the image. He noted the windows are for the inflow of air. In response to Chr. claudy's question Mr. Gunther stated they are using double hung windows which can be shut entirely. Com. Adams stated it was a structural wall with an awning over the top with interior and exterior covering. Mr. Gunther stated that the 2 x 2 wood lattice is away from the windows. Mr. victor Denni, 10109 Mello Place, stated he agreed with staff as the outside seating not being included as part of the inside number. He stated if it becomes permanent it becomes more usable. and expressed concern regarding noise and traffic for the residents in the surrounding area. Com. Mann stated she is in favor of outside eating, but stevens Creek is a busy street so she would support the window structure. Com. Fazekas expressed concern regarding the parking Com. Adams stated that if the site was approved for 190 seats it dose not matter whether it is indoor or outdoor. He noted the applicant's making arrangements for overflow parking. Chr. Claudy stated the intensity is not being increased. Mr. Caughey stated parking is not the issue but the problem is, is this proposal consistent with the use intensity assumptions on which it was determined that this was a remodel of an extension of the prior use or has something changed. Com. Mann stated she would accept 190 seats indoor or outdoor. Com. Adams concurred stating he would like to see the lattice put up. Com. Fazekas and Chr. Adams concurred with Com. Mann and Com. Adams. REPORT OF THE PLANNING COMMISSION: Com. Mann stated she did speak to Sunnyvale regarding the Planning commissioners meeting. She noted at this time Sunnyvale had not been in touch with anyone, but would keep the Commission informed. Chr. Claudy reported on the Mayor's luncheon. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None