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PC 02-12-90 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 - (408) 252-4505 MIMUTES OF THE REGULAR MEETING OF THE PLARNING COMMISSION HELD ON FEBRUARY 12, 1990 SALUTE TO THE FLAG: ROLL CALL: Chairman Claudy Vice Chairman Mackenzie commissioner Adams Commissioner Mann Commissioner Fazekas Commissioners Present: Robert Cowan, Director of Community Development Mark Caughey, City Planner Travice Whitten, Assistant City Engineer Leslie Lopez, Deputy City Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: VOTE: ABSTAIN: MOTION: SECOND: VOTE: ABSTAIN: Com. Adams moved to approve the Minutes of the Regular Meeting of January 8, 1990, as presented. Com. Mackenzie Passed 3-2 Com. Mann and Com. Fazekas Com. Adams moved Regular Adjourned presented. Com. Mackenzie Passed Com. Mann and Com. the Minutes of the January 9, 1990, as to approve Meeting of 3-2 Fazekas POSTPONEMEN'l'S OR NEW AGENDA ITEMS: - None WRITTEN COMMUNICATIONS: Ms. Patsy Lewenski Mr. Phillip Halstead Mr. Mark Kroll ORAL COMMUNICATIONS: - None PLANNING COMMISSION MINUTES Regular Meeting of February 12, 1990 Page 2 CONSENT CALENDAR: 1. 11-U-89: Va11ev Church (N. Stellina Road) Requesting interpretation of minor amendment to the approved use permit architectural exhibits to increase building height for purposes of screening mechanical equipment. MOTION: SECOND: VOTE: Com. Adams moved to approve the Consent Calendar Com. Mackenzie Passed 5-0 PUBLIC HEARINGS: (Continued Items) 2. Application No(s): Applicant: Property Owner: Location: 27-U-89 and 38-EA-89 Pasadena Development Group Monte vista Center Partners North side of Stevens Creek Blvd. westerly of Mann Drive. (Known as True- Value Hardware Ctr.) 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. Staff Presentation: Mr. Cowan presented the Staff report. He stated this is a mixed-use project, the proposal is to refurbish the existing True Value Hardware shopping center. He noted the project is consistent with the General Plan. The project involves subsidized senior housing which is badly needed. Mr. Cowan noted an issue of this project was the compatibility with surrounding neighborhood. He noted a copy of State Bill 1853, which mandates senior housing in cities, has been given to each commissioner. Com. Mackenzie noted that he attended a neighborhood meeting regarding this project, not as a representative of the Planning commission but on his own. He stated the neighbors voiced concerns about intensity. They were also concerned about traffic and parking. In response to Com. Claudy's question regarding intensity Com. Mackenzie stated that revisions had been made. Mr. Cowan stated the general plan strongly advocatemxmixed-use and noted there were not density ceilings. He stated that a three acre si te with 22 units was not overwhelming. Mr Cowan went on to compare floor area ratio of this project with similar projects. He stated there are no set rules in the General Plan regarding intensity, but would encourage the senior housing. In response to Chr. claudy's question he stated this type of development was allowed within the city. PLANNING COMMISSION MINUTES Regular Meeting of February 12, 1990 Page 3 Mr. Cowan gave a brief description of the changes in this development. He noted a decrease in dwelling units by one and senior housing by two. The commercial has increased by 5,000 sq. ft. and office space has decreased. Mr. Cowan went on to explain the western part of the site stating one store has been eliminated in order to shift the residential site over approximately 34 ft. He noted three residential units on top of the stores have been eliminated, the tank house has been deleted as has the third story of the building. He talked about setbacks regarding privacy intrusion and the changes the developer has made. He described the changes on the eastern side of the project. Mr. Cowan went on to explain parking. He stated parking for senior units was 1:1 (one unit one parking space), the restaurant would be allotted one parking space for every four seats. He stated there is a supply of 185 parking spaces in all. He noted the joint shared parking. In response to Com. Mann's question, Mr. Cowan stated this study is based on the ordinance. He stated that staff is comfortable with the arborist report. In summary Mr. Cowan stated this plan would resolve the privacy intrusion and is a worthwhile goal. In response to Com. Fazekas question, regarding the connection between the Nelson building, Mr. Cowan stated the access is adequate. Applicants Presentation: Mr. Ray Rooker, Architect stated that he does not find this project as over developed and noted they are consistent with the Monte vista Guidelines. He noted the parking issue and stated it is very conservative. Mr. Rooker stated because of parking the tank house has to be removed. He noted the privacy intrusion issue and gave a slide presentation. Mr. Rooker gave a brief explanation of the site line. In response to Com. Adams question, Mr. Rooker stated that space has not been designated yet for trash enclosures. In response to Com. Fazekas question he stated there was about 30' of floor plan. Mr. Rooker at the request from Com. Fazekas went to the location of commercial, off ice and restaurant space. He stated the entire first floor will be retail with office space above. Com. Mann suggested putting the tank house on the South East corner. In response to Com. Mackenzie's question, he stated compact parking spaces was very minimal. The pUblic hearing was then opened. Mr. Patrick Milligan, 10018 Oakleaf Place, gave a slide presentation and compared this site with Oakdale Ranch, stating this site was high density. He stated in the original zoning there was no office intent. He noted the mixed-use concept at Monte vista Woods. He expressed concern about safety on this site regarding elderly and children he also noted concern about the compatibility of the development and would like to see the privacy intrusion dealt with. He suggested the development be limited to two stories. He explained the parking issue and gave his figures of parking spaces required for this plan. Mr. Milligan suggested moving the building over from Mann Drive. PLANNING COMMISSION MINUTES Regular Meeting of February 12, 1990 Page 4 Chr. Claudy asked Mr. Milligan what positive things he could say about the development. Mr. Milligan responded by saying taking it all commercial or all residential although he did not feel all commercial would work on this site. He stated density is a big concern. He suggested senior services on the site. Com. Mackenzie stated the use permit allows commercial activity and being a neighborhood center with neighborhood services might help this project survive. Ms. Nancy Burnett, 729 Stendhal Lane, representing the League of Women Voters, stated two objectives to the use permit. (1) Density should be decided on potential services and (2) City should provide for an economic mix with a fixed percentage of low income housing in all new developments. She stated this use permit did not specify low income; it does address a need for affordable housing which is needed for seniors. She urged the Planning Commission to support the application for residential units presented in this use permit. Ms. Henrietta Marcotte, 22415 Starling Dr., Los Altos, gave a brief history of this area. Mr. Chon Pong Ng, 10009 Oakleaf Place, stated that the neighbors are not opposing the senior housing, but the density issue is a problem. He stated this development fails to comply with the zoning ordinance and general plan of the city. Mr. Ng quoted statements from the State Bill AB1813. He encouraged the commission to screen other sites in the city for senior housing. Ms. Sally Brennan, 19917 Twilight, Director of Community Services, stated that 23 residential units was not a density issue. She stated senior housing was needed. Ms. Susan Peterson, 22085 Clearwood ct., President Oakdale Ranch Homeowners Association, concurred with Mr. Milligan. She stated this project is not appropriate for Monta vista and stated her concern about density. Ms. Denise Weigel, 21906 Monte Court, expressed concerned about the Post Office with regards to traffic congestion. She stated office space was not needed and there are offices for lease in Monta vista. Mr. Joe Weiss, 10029 Oakleaf Place, expressed concern about the change of character in the neighborhood. He noted that additional handicap parking is needed for the senior units. He noted concern about traffic back-up when the 85 freeway is completed and Stevens Creek exit closed. Ms. Carol McDowell, 10427 Noel Ave, stated that housing is needed and this project of mixed-use is a good project and may encourage new businesses. PLANNING COMMISSION MINUTES Regular Meeting of February 12, 1990 Page 5 Ms. Ann Anger, Monte vista, stated that housing is needed and 23 residential units will not have a big impact on traffic. She supported the development. Mr. Morey Nelsen, 21810 stevens Creek Blvd. ,expressed concern about the proximity of the building to the property line and questioned the setback from stevens Creek. He expressed concern about the building on the Southeast corner screening his building. Other than this he supports the project. In response to Com. Fazekas question, Mr. Nelsen stated a 10 ft. setback would be appropriate. In response to Com. Mackenzie's question he stated this property is 20' back from the property line. Mr. Ray Rooker, stated that the property line is 10 ft. behind the sidewalk. He stated the buildings do line up but Mr. Nelsen's building was on a curve. Ms. Karen Bejing, Freddie court, stated she welcomed the development. MOTION: SECOND: VOTE: Com. Adams moved to close the public hearing Com. Fazekas Passed 5-0 SECOND: VOTE: Com. Adams moved to continue items 4 through 8 to February 14, 1990, 7:30 p.m. Com. Mackenzie Passed 5-0 MOTION: Com. Mackenzie stated that the development is reasonable for a commercial site. He expressed concern about the building on the southeast corner and stated it and the two next to it line up with Mr. Nelsen's building. He stated concern about the parking and suggesting closing of Mann Drive driveway to stop the overflow of traffic on Mann Drive. In response to Chr. Claudy's question Mr. Whitten, Asst. City Engineer stated it is not required to have more than one entrance on this site, but when looking at the traffic flow the entrance had been used for people going east. Com. Fazekas stated he would like to see 15 ft. landscaping out front. He would like to see the rear alley removed and completely landscaped with only fire exits. He noted the architecture was good. He would like to see a 30 ft. height limit and noted the general plan calls for increased dwelling units in the center of Cupertino. He commented on the Vidovich project and the senior units that were lost. He did not think senior housing was needed in this project. Com. Fazekas commented on the density and would like to see a tentative map to show how the lot split will happen and stated six duplexes are more suitable for this site. He stated the entire Monta Vista is not a mixed-use area. He expressed concern about traffic congestion. He stated there is a 70 decibel contour on this site and an acoustical report maybe appropriate. PLANNING COMMISSION MINUTES Regular Meeting of February 12, 1990 Page 6 He noted he would like to see an on-site traffic study. Com. Fazekas requested a traffic count performed on Bubb Road and Stevens Creek Blvd. at peak times. In response to Com. Fazekas's question, Mr. Whitten stated that the developer will reimburse the city for the improvements on stevens Creek Blvd. Com. Fazekas stated the front set backs should meet R-3 standards and a 5 ft. sidewalk to the street should be required. The stairs should also be removed. Com. Mann stated this was an appropriate use for placing affordable housing noting the city needed it. She noted there should be walkways. She does not feel a security gate is needed for the underground parking and would like to see an accurate count of usage of parking spaces as it is now. Com. Mann noted that 32 underground parking spaces are adequate. She noted a 15 ft. setback would be appropriate. Com. Adams stated the density is acceptable to him especially with the 10 senior housing units and the residential units moved approximately 20 to 30 feet to the east. He noted the lower height is acceptable. Com. Adams noted that the Mann Dr. exit was needed. He noted that he did not see any indication that traffic impact would be higher than what is projected. He stated the alley is needed for access. He expressed concern about the parking and had no objections if the tank house could be put to use. He noted the overall design is acceptable. Com. Adams noted that the changes requested at the January 8, 1990 meeting had been done. He expressed concern about the underground parking and stated this was not acceptable for shared parking but for residents only. He noted there must be sufficient parking without the underground parking to be shared. He would like to see more landscaping but not if it eliminates parking, 15 ft. is acceptable. He noted the architecture is acceptable. Com. Adams would like to see the southeast corner building as shown close to the sidewalk retaining the downtown look. He expressed concern about where the trash enclosures would be designated and stated the alley should not be permitted for through traffic. Com. Adams liked the general outlay of the project. He feels that the office space above the liquor store should be eliminated, this would reduce the parking requirements. Com. Fazekas stated that his biggest concern is how long the senior housing would last and noted the 51 senior housing residents in the vidovich project. Mr. Cowan explained there was a trade off for the senior housing. Com. Fazekas expressed concern about density and stated it was inappropriate for this area. Com. Mackenzie stated that the topography of the site separates the units from the single family dwelling homes. He expressed concerns about trash enclosures and fencing off the alley. He noted concern about the height of the building. PLANNING COMMISSION MINUTES Regular Meeting of February 12, 1990 Page 7 MOTION: SECOND: VOTE: Com. Mackenzie moved to continue item 3 to February 14, 1990, 7:30 p.m. Com. Adams Passed 5-0 In response to Chr. Claudy's question Mr. Cowan stated that in any commercial center there is a certain proportion of office space. Chr. Claudy stated that if it was a new development he would urge the developer to stack the residential above the commercial units. In response to Com. Mann's statement Com. Mackenzie noted that if not enough parking is provided on site it would overflow onto Mann Dr. Com. Fazekas questioned staff's figures of floor area ratio of the site. The Commissioners discussed the different options for conditions of approval. Com. Fazekas suggested new drawings should be provided for the whole project. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: NOES: Com. Adams moved to accept negative declaration of 38-EA-89 Com. Mackenzie Passed 5-0 Com. Adams moved to approve application 27-U-89 subject to the findings and subconclusions of the hearing with conditions 1-10; condition 11 modified to change the date from 1/3/90 to 2/1/90; with additional conditions as follows: Office structure on top of main shopping area to be deleted; architecture of main shopping area to be review by ASAC; condition 16 paragraph 2 modified from 13 units to 10 units; condition 19 to delete the inclusion of 9 underground parking spaces; also all spaces in the underground garage reserved for use of residential tenants; condition 22 to include trash enclosures to be reviewed by ASAC; maximum height of structure not to exceed 30 feet; no through traffic in alleyway; ensure remodelling of existing shopping center prior to occupancy of the office building; addition to condition 16 to require the senior units to be held for 20 years. Com. Mackenzie Passed Com. Fazekas 4-1 Chr. Claudy stated the recommendation for approval would be heard by the City council on February 20, 1990