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PC 05-14-90 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 MAY 14, 1990 SALUTE TO THE FLAG: ROLL CALL: Chairman C1audy vice Chairman Mackenzie Commissioner Adams Commissioner Mann Commissioner Fazekas commissioners Present: Robert Cowan, Director of Community Development Mark Caughey, City Planner Michele Bjurman, Planner 1 Travice Whitten, Assistant City Engineer Leslie Lopez, Deputy City Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Adams moved to approve the minutes of the April 23, 1990 meeting, as presented Com. Fazekas Passed 5-0 Com. Adams moved 1990 meeting, as Com. Fazekas Passed to approve the minutes of the April 25, presented 5-0 Com. Adams moved 1990 meeting, as Com. Fazekas Passed to approve the minutes of the April 30, presented 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1: AUDlications 7-TM-90. 4-Z-90 (CUSD) - Staff requests item to be removed from calendar ITEM 2: ITEM 5: ADDlication 15-TM-90 (Rev.) (Gheno) - Staff requests item to be removed from calendar ApD1ication 4-TM-90 (Giuliani/Norman) continuance to May 29, 1990 request PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 2 SECOND: VOTE: Com. Adams moved to remove items 1 and 2 from the agenda and to continue item 5 to May 29, 1990 Com. Mackenzie Passed 5-0 MOTION: WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 3. Application NO(S): Applicant: Property Owner: Location: 8-U-90 Hillview Bible Church Hillview Bible Church 1160 S. Stelling Road USE PERMIT to construct a 2,580 square foot addition to the existing building and related site improvements Staff Presentation: Ms. Michele Bjurman presented the staff report. She noted the church property was annexed into the City of cupertino in 1979 and all the structures were built prior to that time. She stated the proposal is consistent with the General Plan designation. She noted during the 1990 General Plan Amendment this site will be consider for a general plan amendment to change it to Quazi Public designation with the church's approval. She noted the required parking is 83 spaces and only 59 spaces are proposed for the site. She noted staff conducted a study and recommends the church develop a parking management plan to control the overflow of parking already existing. She noted the classroom foundation encroaches into the easement boundaries and the applicant will be required to demonstrate to the Sanitary district that the building is not within the easement or work with the district's attorney in developing a holdharmless agreement in order to build on the easement. Ms. Bjurman outlined ASAC's concerns as presented in the staff report. She noted staff is recommending that the proposed window treatment for the second story be replaced with one elongated horizontal window for better lighting purposes. In response to Com. Adams question Ms. Bjurman stated there was not enough detail at this time to determine how much of the building would encroach onto the easement. In response to Com. Mackenzie's question Ms. Bjurman described the lot stating the existing parking was 60 degree with a 10 ft. width. PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 3 Chr. Claudy questioned the Parking Management Plan. Ms. Bjurman stated a condition in the staff report was provided to allow the church flexibility. Also, staff provided three suggestions as outlined in the staff report. She noted the maximum yield is 59 parking spaces. Auulicant Presentation: Mr. Edward Ripley, 1466 Woodgrove, San Jose, stated that after working with staff and the architect the proposal before the Commission tonight was the best solution. Mr. Ripley explained options for parking. He noted the church had investigated satellite parking at three locations. One is at Coast Funding Corp on the corner of stelling and McClellan. He noted there were 32 parking spaces and had permission from the owner to use those parking spaces. He stated a 24 hour notice would be given to the church when they could no longer use this facility. Another option was DeAnza parking lot. He noted it would be free of charge at this time but in september parking meters will be installed and it will cost $1 per car. The last option was the Redeemer Lutheran Church who are only using 25% of their capacity. He stated the building would not encroach onto the easement. He also stated that putting in a horizontal window would add more cost. In response to Com. Fazekas question Mr. Ripley stated they currently have one service at the church and a Sunday school hour. He suggested two option one being satellite parking the other having two services. Chr. Claudy questioned the number of people that will occupy by the new structure. Mr. Ripely stated there were approximately 280 people including staff and children who use the church. Mr. Ripely stated with the space being vacated the kitchen and nursery will be expanded. Mr. Kirk Useldinger, Architect, noted the intent was to keep the building nestled into the existing profile of the building and improve the parking lot with proposed landscaping. He noted the parking had been increased from 52 to 59 spaces and a wood fence was proposed to provide privacy for residents, noting that the trees also provide privacy. He stated he was concerned about the windows becoming too excessive. In response to Com. Mackenzie's question noting the top story looks like a box Mr. Useldinger stated trellis can be added to break up the mass of the building or a small gable roof to conform with the neighborhood. He noted the windows were 1 ft. square. Mr. Useldinger stated if the windows are changed a energy problem is created. Com. Mackenzie suggested off-sets along the plains of the buildings. Mr. Useldinger explained they had a budget to stay within. In response to Com. Fazekas question Mr. Useldinger stated the total PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 4 height of the building was 22 ft. with the air condition inside. He noted trees will be planted on both sides of the building as well as around the perimeter. He stated if the building was attached to the existing structure it would be too costly. Com. Mann stated the building does not carry out the roof line in the interest of the other buildings in the complex. She stated the structure was like a box. She felt open windows would be an energy saver. Mr. Useldinger stated there is laws prohibiting open windows in commercial buildings unless special procedures were followed that prove to be very expensive. He stated they are willing to modify the roof and work with staff regarding the easement. Com. Mann stated she would like to see more continuity in the two structures and expressed concern about compact parking spaces. The public hearing was opened. Mr. John Black, 21118 Garyend Dr., expressed concern regarding the lack of parking and the congestion it will cause. He noted there would be a loss of privacy for the residents in the adjoining homes when a two story structure is built. He stated that the church will attract more people and, therefore, more juveniles and was concerned about vandalism. Mr. Steve Olsen, 7603 Hollanderry Place, expressed concern regarding his view once the two story was built. He stated he did not object to the two story but would not like it any higher. He expressed concern regarding parking and burglary in the neighborhood. Mr. Mike Carroll, 1154 S. Stelling, expressed concern regarding parking and the structure of the building. He stated although he has no objection to the new structure he was concern about people parking on the streets surrounding the church. He expressed concern regarding the volume of use of the church, during the week, with the second story. Mr. William Phipps, 7626 Hollanderry Place, regarding traffic if the function of the church volume of people attending increases. expressed concern is changed and the Mr. Pat McGuire, 7647 Hollanderry PI, concurred with Mr. Phipps and stated he would like to know if the function of the church is going to be changed. He expressed concern about his privacy with regards to the windows. Ms. Kathryn Nickerson, regarding the increase stated there are no 11360 S. Stelling Rd. ,expressed concern of seating in the sanctuary. Chr. Claudy plans to increase the capacity of the PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 5 sanctuary. Ms. Nickerson expressed concern regarding the parking and feels that staggered services would not solve the parking problem. She stated that a permanent addition to the church warrants permanent parking spaces. She expressed concern regarding noise and would like to see the windows kept closed. She expressed concern regarding operating hours of the church abd suggested usage of the facility be suspended during construction. Ms. Leslie Lopez, Deputy City Attorney, stated that the Commission cannot restrict the hours of religious activities but can restrict recreational activities. Mr. Edward Ripely stated, with regards to the concerns on noise, they will have an additional six foot fence put up as a sound buffer. He noted the building is primarily a Sunday school building, but other acti vi ties such as craft classes may take place. He noted there plans were to never received the maximum capacity of the auditorium with regards to parking. He noted as soon as the capacity is reached a new church will be built. He did not feel that satellite parking is a good idea nor did he think it was necessary to close the building during construction. Com. Fazekas suggested a second story to the existing structure. In response to this Mr. Useldinger stated it was too expensive and made a correction that the building height was 20 ft. Ms. Anna Black, 21118 Garyend Dr., expressed concern regarding parking, noise and privacy. She stated the leaves from the trees on the perimeter of the property would fall into swimming pools on the adjoining residence. Michele Bjurman stated that the gate leading to Hollyhead is an emergency gate and is padlocked. Ms. Nickerson expressed concern regarding the noise and suggested a sound absorbing wall around the church. MOTION: SECOND: VOTE: Com. Adams moved to close the public hearing Com. Fazekas Passed 5-0 Com. Adams stated he supported increased religious activities. He expressed concern regarding the parking capability. He noted he would like to see a more positive parking management plan considered. He noted there were conditions regarding the noise which should be included if the project is approved. He noted, architecturally, the building was acceptable. Com. Mann concurred with Com. Adams. PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 6 ,-- Com. Fazekas expressed concern regarding lack of parking spaces and noted he would like to see an effort to reduce the existing parking prior to considering the new structure. He was in favor of a second story over the existing building stating this would provide more parking. He noted the trellis and small windows were acceptable, but would like to see a low roof element. Com. Mackenzie stated there should be relief in the wall plains if anything is to be done. He asked if it was permissible to put conditions on the site restricting some of the concerns. Ms. Leslie Lopez stated the strongest condition the Commissioners could put in is to provide adequate parking. Services hours cannot be restricted. She noted if the Church agrees to stagger services then they must comply to this even if new owners take over. Com. Mackenzie expressed concern regarding the parking, but stated if that could be solved he was in favor of the new structure. Chr. Claudy stated he would vote against this project stating the parking was inadequate. SECOND: Com. Fazekas moved to deny item 4 stating the parking was inadequate. Chr. claudy MOTION: Com. Adams asked if written permission continuance. it were feasible for the applicant to receive for satellite parking could they have a Com. Fazekas retracted his motion, Chr. Claudy retracted his second. SECOND: VOTE: Com. Mackenzie moved 21-EA-90 to June 11, Com. Fazekas Passed to continue application 8-U-90 and 1990 MOTION: 5-0 4. Application No(s): Applicant: Property Owner: Location: 5-Z-90, 8-TM-90, 14-EA-90 James sisk Macy & Sanchez 10382 & 10400 S. Stelling Road REZONING of approximately 0.9 acres from R1-10 (single residence, 10,000 sq.ft.min.) to Rl-7.5 (single residential, 7,500 sq.ft.lt.min.). family family TENTATIVE MAP to subdivide 0.9 acres encompassing two lots into four lots ranging in size from 7,500 s.f. to 12,000 s.f. staff Presentation: Mr. Robert Cowan presented the staff report. He outlined the approved tentative maps that involved flag lots. PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 7 He stated four additional flags in this area is not inconsistent with the existing and emerging lot pattern in the area. He noted a condition of approval would require a common driveway for all properties. He stated a concern of staff's was the trees, but stated the pine trees on the property were not doing well because of the drought. He stated in the conditions of approval the applicant is required to bond for three trees ($10,000 per tree). He noted the new tree ordinance, which will be before the Commission in approximately one month, will lock in the preservation of trees. In response to Com. Fazekas question regarding landscaping Mr. Cowan stated the Commission could require replacing the trees but would be inappropriate to require landscaping. In response to Com. Mackenzie's question Mr. Mark Caughey stated the driveway was slanted in order for the lot sizes to meet zoning requirements and to save the trees. The public hearing was opened. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Adams Passed 5-0 Com. Mackenzie moved to recommend granting a Negative Declaration Com. Adams Passed 5-0 Com. Mackenzie moved to recommend approval of application 5-Z-90 subject to the findings and subconclusions of the hearing Com. Fazekas Passed 5-0 Com. Mackenzie moved subject to the findings Com. Adams Passed to approve application 8-TM-90 and subconclusions of the hearing 5-0 6. FILE REFERENCE 81.003.24 CITY OF CUPERTINO DEVELOPMENT INTENSITY MANUAL: Discussion of consolidated reference manual describing various existing regulations of non-residential land use intensity, including Floor Area Ratios, TIPS and special regulations of various planning areas. staff Presentation: Mr. Mark Caughey presented the staff report. He noted all the minor technical amendments requested by the Commission had been amended. He noted the legislative manual has been sent through the environmental assessment process and the ERC PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 8 recommend the commission approve a Negative Declaration. He stated the next step will be for the manual to go before the City Council and be adopted by resolution and will then be available for public use. Com. Mackenzie requested word changing as outlined in the Motion. MOTION: Com. Adams moved to recommend granting a Negative Declaration Com. Mann Passed 5-0 SECOND: VOTE: SECOND: VOTE: Com. Mackenzie moved to adopt staff recommended resolution with a change to the document, on page 2-5 sub-paragraph C. deleting the word 'working' and substituting the word employees with people. Com. Mann Vote 5-0 MOTION: NEW BUSINESS: 7. APPLICATION l2-U-88: PIZZERIA UNO RESTAURANT (Art Gunther): Request for minor amendment of exterior architecture for use of an outdoor seating for an existing restaurant located on the south side of Stevens Creek Blvd., 400 feet east of Blaney Avenue. staff Reoort: Mr. Mark Caughey presented the staff report. He explained the original plans. He noted the curtain wall of windows replace the lattice. He stated there was a clear distinction in the conditions of the original approval that the area proposed was to be used for occasional seating area based on the season versus the permanent seating at the other end of the building. He noted this distinction is blurred with the new approach that has been installed. Mr. Caughey expressed concern regarding the appearance of the windows. He noted that staff finds the proposal unacceptable and recommends denial. Com. Mann concurred with staff stating if the area had been intended for permanent indoor eating it would have been designed with a roof and solid walls. She noted she would like to see it returned to the original plan. Applicant Presentation: Mr. Art Gunther, 129 Laura Center, Scotts Valley, stated the purpose of the patio was for workers, who are confined to an office all day, to eat in an outside environment but noted it is too cold to sit on the patio in the evenings. He suggested removal of the windows, put the lattice back up and put clear windows in. He stated they would not replace the awning with a wooden roof. Mr. Gunther presented photographs to the commissioners of how the windows would work. He stated he intended to pull the trellis forward slightly to have the same elevation. PLANNING COMMISSION MINUTES Regular Meeting of May 14, 1990 Page 9 Mr. Gunther stated to lose the use of the patio would be to lose money. In response to Com. Fazekas question Mr. Gunther stated he is intending to return to the original plans. Com. Mackenzie suggested a continuance to give Mr. Gunther time to draw up specific plans. Com. Adams stated the proposal is what was there before with glass at the back of the trellis. Com. Mann suggested having the glass above six feet. The public hearing was then opened. Mr. victor Deni, 1019 Mello Place agreed with staff regarding the transition between indoor and outdoor seating he expressed concern regarding this. Chr. Claudy stated that a certain number of seats had been allowed for this restaurant to be used inside or outside. Mr. Deni expressed congestion. He stated this transition. concern regarding parking and traffic the traffic analysis now becomes void with Com. Mann stated she would still like to see it outside, but stated a glass wall of about 5 to 6 ft. would be appropriate. Com. Adams stated he would support a continuance. Com. Fazekas concurred with Com. Adams. Com. Mackenzie stated the seating is fixed outside and inside. He noted the intensity seems to be increasing on the site. Chr. Claudy stated he has no objections to a continuance. MOTION: Com. Mackenzie moved to continue application 12-U-88 to June 11, 1990 Com. Fazekas Passed 5-0 SECOND: VOTE: REPORT OF THE PLANNING COMMISSION: Com. Adams reported on the Mayor's Luncheon. He noted the Cupertino School District will come back before the Commission. He stated the sports center was opened.