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PC 05-13-85 p` ,_l''CITY OF CUPERTINO,STATE OF CALIFORNIA PC-466 10300 Torre Avenue,Cupertino,Ca. 95014 Page 1 tel : (408) 252-4505 410 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MAY 13, 1985 SALUTE TO THE FLAG 7 : 30. P.M. ROLL CALL Commissioners Present : Com. Mackenzie Com. Adams Com. Sorensen Vice Chr. Szabo Staff Present : Dir. of Ping. and Devel. Sisk Assistant Ping. Dir. Cowan Planner II Binnendyk Traffic Engineer Grigg APPROVAL OF MINUTES MOTION: Com. Mackenzie to approve the Minutes of the Regular Adjourned Meeting of April 29, 1985 after showing the Motion on page 6 to have been made by Com. Mackenzie and seconded by Com. Adams . SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent ) POSTPONEMENTS OR NEW AGENDA ITEMS 41) WRITTEN COMMUNICATIONS A letter from Ms . Deborah MacNamara, to be discussed under the Report of the Planning Commission. A letter from Kr. Ed Camarda, referring to Item 2 on the Agenda, to be considered at that time . ORAL COMMUNICATIONS CONSENT CALENDAR ITEM•MS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARINGS: 1 . Application 30-U-84 of ROBERT PALMIOTTO & SCOTT PETERSON: USE PERMIT to operate a restaurant in a portion of an existing cocktail lounge (Nite Kap) and ENVIRONtiENTAL REVIEW: The subject property is located on the south side of Stevens Creek Eoulevard approximately 150 ft . west of Elaney Avenue in a P (Planned Development with commercial office use intent ) zoning district . First Hearing continued. Tentative City Council hearing date - Hay 20, 1985. Vice Chr. Szabo noted that a written communication had been received informing them that the original Use Permit application_ had been withdrawn. 410 Director of Planning and Development Sisk explained the communications received from Mr. Mendenhall and Mr. Schmidt and described a meeting of City Staff, ''ayor and City Attorney, when it had been decided to use the administrative • • PC-466 PLANNING COMMISSION MINUTES, NAY 13, 1985 :kw__ .4 Page 2 process to ascertain if Staff had interpreted properly that the bar was being expanded by opening up the kitchen. Therefore, the matter was before the Commission for inter- pretation, and not for a Use Permit, since Mr. Mendenhall was maintaining expansion of the bar would constitute adding furniture,etc . , which was not being done. Vice Chr. Szabo felt that, since the City Attorney was indisposed and not at the Meeting, a decision could not be made at this time; inspite of Mr. Sisk' s advice that the City Attorney' s presence would not seem to be necessary, and that 'he would not be involved in the decision. Bill Mendenhall, principal owner of the Nite Kap, stated the kitchen had never been closed, and that the issue was whether they had expanded the bar by adding kitchen equipment . The consensus of the Commission 'at this point was to continue`• the item until the City Attorney could be present because of the sensitivity of the issue. MOTION: Com. Adams, to continue Application 30-U-84 until the Meeting of May 28, 9 1 5 85 SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent) • • 2 . Application 10-U-85 of WDT DEVELOPMENT COMPANY: USE PEH':IT to construct a 17, 300 sq. ft . two-story office building and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The property is located at the northwest corner of Randy Lane and Stevens Creek Boulevard in a P (Planned Development with Office, Commercial and Residential intent ) zoning district . First Hearing continued. Tentative City Council hearing date • May 20, 1985. Assistant Planning Director Cowan explained the Item had been continued to explore ways to keep the office traffic out of the neighborhood. He exhibited possible solutions, and advised that, though Staff had explored possible reciprocal access with the Fire Station, as had been mentioned at the last Hearing, they had declined, due to the fact they utilized some of their dead space for recreation. , He discussed the cost to. the Applicant in providing a median .of V4-6, 000 which Staff felt was negligible, especially since, he burden could be shared by future adjacent developments . He mentioned the developer had reverted to his original building design, but summarized that the circulation plan seemed to be the important issue .. Com. Adams established that Staff was recommending the righthand view on the Exhibit ,and tha there would be a barrier to prohibit exiting traffic into the residential area. • L S x See "Unfinished Business" s i PLANNING COfH ISSION MINUTES, MAY 13, 1935 PC-466 Corn. Sorensen established that the Fire Department would be Page 3 able to find an alternate route . Vice Chr. Szabo called for public input ,but there was none . MOTION: Com. Adams, to close the Public Hearing SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent ) Com. Adams and Coen. Sorensen, though appreciating Staff' s views on restricting curb cuts on Stevens Creek Boulevard, were concerned about potential commuter traffic in the neighborhood and felt the lefthand plan would channel traffic to the arterial faster. Corns . Mackenzie and Szabo preferred the righthand view, which they felt would move all traffic out to Stevens Creek anyway . Since the vote was split and the Applicant was at ASAC* it was decided to continue the Hearing until after the next Item. MOTION: Coal. Mackenzie, to continue Item #2 to follow Item #3 SECOND : Com. Adams VOTE: Passed 4-0 (Chr. Claudy absent ). ID 3 . CITY OF CUPERTINO : ADOPTION OF POLICY stipulating the below-market rate housing requirement for a senior citizen housing project . First Hearing. Tentative City Council hearing date - June 3, 1985. Director of Planning and Development Sisk advised the parties were still in the ASAC" Meeting. MOTION: Corn. Adams, to postpone Item n3 until later in the evening SECOND : Com. Mackenzie VOTE: Passed 4-0 (Chr. Claudy absent ) 4 . Applications 10-Z-84 and 21-U-84 of I'IICIHAEL WEBER AND FRED MICHAUD: REZONING approximately . 51 gross acres from R1-7 . 5 (Residential Single Family, 7, 500 sq . ft . minimum lot size) zone to P (Planned Development with Office, Commercial and Residential intent) zone or whatever zone may be deemed appropriate by the Planning Commission; USE PERMIT to expand an existing single-story office building to a two-story office building equaling approximately 16, 000 sq. ft . and ENVIRONMENTAL REVIEW: 'The Environmental Review Committee, recommends the granting of a Negative Declaration. The subject property is located on the southwest corner of Miller Avenue and Richwood Drive . First hearing. Tentative City Council hearing date - June 3, 1985. 411 `ASAC - Architectural and Site Approval Committee P C-466 PLANNING COMIiiISSION MINUTES, MAY 13, 1985 Page 4 Assistant Planning Director Cowan explained the applicant ' s intention, to get direction, since his previous application had been withdrawn at City Council level, due to lack of support . 11, He advised that Staff supported the new proposal, to retain the existing dwelling units, give land area credit for one of them and landscape a portion of one of the lots, thereby improving the intersection and providing a clear demarcation line and gateway to the neighborhood. Staff felt everyone would gain, since the houses would be cleaned up and maintained and the applicant would gain space,, he said. Vice Chr. Szabo wondered whether the rezoned residence would remain. Mr. Cowan advised that th reason for the rezoning was to get land area credit,. but that the result was also that theCity J would have more control, would be able to stipulate that it remain residential and that both the residences be maintained in good condition, Raymond Rooker, Architect, explained that the existing residen- tial corner lot was being partially incorporated into the commercial aspect of the project . He asked that the project not be considered in conjunction with the intersection, since it was a separate matter and people had diverse feelings on it . Com. Mackenzie determined with Mr. Rooker that approximately 6, 000 so . ft . of the residential lot in question would be left , and that the back section to be taken now consisted mainly of an unfinished swimming pool ,and debris . 411 Ton. Weber, 10530 East Estates Drive, felt that to encourage and expand the commercial area was a mistake, since even now it encroached into the residential ne_F,hborhood, and a two-story building would be even worse . Iie did not like the idea of street closure also . Mr. Cowan explained that East Estates Drive would not be closed, but that a landscaped median would be added to provide an entry . Vice Chr. Szabo advised that this was merely a "bookeeping" situation, and reiterated that the situation would be tc the City ' s and neighborhood' s advantage . Fred •Morella, 10199 East Estates Drive, was concerned that the Hearing not be taken as an instant approval. Vice Chr. Szabo assured him that conceptual guidance only was being given at this time . Cynthia: Pollard, 10121 Miller Avenue, representing the building tenant, stated they would not be adding more traffic and very few people; the increased floor space to be used mainly for computer equipment . Michael Weber, Co-applicant, said a beautiful building there was his dream, it would be (iwner-occupied, and to have it - smaller was a compromise, but they were concerned about the neighbors, and it was acceptable . Corn. Mackenzie foresaw problems that thy. landscapin g wedge would be too accessible to youths, and suggested planting; shrubs there . PLANNING COMMISSION MINUTES, M.!',.. 13, 1985 PC-466 He wanted to see good quality residential-type fencing on Page 5 the residential property lines and the exterior of the building improved substantially, as in the earlier proposal . Corn. Adams liked the residence retention aspect, _ and asked that the structure not appear "added onto" . Com. Sorensen liked the gateway and clean-up aspects,and thought the entry might be incorporated into the shopping center somehow, to soften it and add shelter. Vice Chr. Szabo summarized thatihis was as good a solution as could be found. MOTION: Com. Mackenzie, to continue Applications 10-Z-84 and 21-U-84 to the Meeting of • June 10, 1985. SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent) MOTIOA : Com. Mackenzie, to reopen the Public Hearing on Application 10-U-85 SECOND: Cord. Adams VOTE : Passed 4-0 (Chr. Claudy absent) Director of Planning and Development Sisk summarized the input from ASAC*, favoring either no access or a right turn in only off Stevens Creek Boulevard, and with no particular ® comment about the change in the footprint . Ken Neumeister, Architect, confirmed their preference for the lefthand proposal, advising they wanted a two-way access on Stevens Creek, but that one way would be acceptable , and for fire access and service, they really needed accesses. on both Randy and Stevens Creek, he said. He noted their preference for the rectangular building, because of costs already incurred. Com. Adams established with Ur. Neumeister that landscaping features could be added at "the corner, maybe a small trellis, to make the lefthand solution less bland. He felt the corner cut out of the previous plan would still fit into that solution, but the Architect felt it was not economical and would not be a visual enhancement . Core. Mackenzie established that the driveway shown on Stevens Creek in the lefthand solution was two-way, minimum width. He noted that an ingress/egress off Randy was also shown, but Mr. Neumeister assured that this could be closed off if they were allowed to have ingress/egress off Stevens Creek, though they preferred that it should stasy . NOTION: Com. Adams, to close the Public Hearing SECOND: Com. Sorensen - VOTE : Passed 4-0 (Chr. Claudy absent) Com. Mackenzie felt the lefthand proposal with ingress/egres` off Randy, would be worse than the rihthand proposal. *ASAC-Architectural and Site Committee • Pc-466 PLANNING COMMISSION MINUTES, MAY 13, 1985 Page 6 Com. Adams felt there should be an ingress/egress off Randy for safety reasons, but that it was an impediment to have all traffic go through there, so he -favored-the traffic being encouraged to Stevens Creek Boulevard, as long as the corner • could be "dressed-up" with landscaping. Com. Sorensen favored the lefthand proposal, since she felt the ingress/egress off Stevens Creek would keep commute traffic out of the neighborhood. Chr. Szabo favored the righthand proposal, and felt they:; would have to continue the Hearing in order that Chr. Claudy might vote, as they were deadlocked. Mr. Neumeister relayed their urgency for a decision, and expressed a willingness to compromise on access only from Stevens Creek. The matter was discussed further by 'the Commission, but there • was no •change.. Mr. Neumeister felt that a delay time of two weeks would be acceptable . MOTION: Com. Adams, to reopen the Public Hearing SECOND : ' Com. Mackenzie VOTE : Passed 4-0 (Chr. Claudy absent ) MOTION : Com. Adams, to continue Application 10-U-85 to the Meeting of May 22, 19E 5 SECOND : Com. Sorensen VOTE : Passed 4-0 (Chr. Claudy absent ) 3 . (Continued) • r�y Staff '+ Report, defining II Binnenu�, l- outlined the Ut�,� i del fining the proposed Bi•iR* rent basis and the bases to be used in measuring senior citizen income qualifications .; Vice Chr. Szabo questioned ghat would happen if nobody qualified using these bases . �s . Binnendyk supposed that the. bases would have to be adjusted to allow higher income, since that would be the only alternative . John Vidovich, developer, commended the EMT* Committee on their work. He felt that the, housing industry, which the City wanted to encourage, was having a burden put on it by the City in having to provide Br:iR* units, which constituted an unfair tax. on housing. He asked the Commission to recommend suspending the P14Rri program as it applied to the housing developer. Vice Chr. Szabo stated that, in this case, the program was the result of the large office complex in the area that Mr. Vidovich was developing. However, he did realize the program in general was a tax on housing, and he would prefer to see employers or office developers taxed, he said. 411 Mr. Vidovich explained he was. not speaking for himself, but for housing developers generally, and that it would be a lot fairer to tax office developers . KPi R - Below Market Rate Housing • ' PLANNING COIMiMISSION MINUTES, MAY 13, 1985 PC-466 Com. Adams sympathized with Mr. Vidovich' s view, but felt the Page 7 411 EI1R ' Program was necessary . Corm. Sorensen added there were inequities, but senior citizens especially could not afford housing. Com. Mackenzie established that the proposal delineated the way in which retirement facilities would participate in the BMR* program. MOTION: Com. Adams, to accept the BI/IR* proposal recommendations as submitted. SECOND : Com. Sorensen VOTE : Passed 4-0 (Car. Claudy absent) 5. A plications 7-Z-85 and 15-U-85 of DE ANZA PROPERTIES (OTIS FORGE) : REZONING approximately two acres from ML (Light Industrial) zone to P (Planned Developmnt with Commercial in- tent) zone or whatever zone may be deemed appropriate by the Planning Commission; U3E PERMIT to construct a four-story, 1.42 unit motel and two level parking structure and remove an existing lumber yard and ENVIRONMENTAL REVIEW: The Envir- onmental Review Committee recommends the granting of a Negative Delcaration. The subject property is located on the northwest corner of Highway 280 and De Anza Boulevard. First Hearing. Tentative City Council hearing date - June 3, 1985. Assistant Planning Director Cowan relayed Staffs position, that a motel would not infringe upon adjoining residential which would be buffered by the mini-storage facility. He described the access between the Goodyear site and the motel site, explaining that the legal status was not clear at this point; though Conditions of Approval for the Goodyear Application showed a fire access, there was no written easement to Staff' s knowledge . Describing architectural elements, he said the motel would be a landmark and Staff was concerned about the northerly boundary because the long wall therewarranted special treat- :went . He described the inner courtyard as attractive and the mechanical equipment was well• hidden. Summarizing the consultant ' s traffic report, he said the level of service for the intersection of Homestead and De Anza and the Highway 280 intersection would not change . He commented that U turns would have to be accomplished at De Anza and Homestead, since no left turn in or out of the site could be allowed. On the issue of the Vallco Hotel, which placed restraints on other such buildings in the City, motels were not mentioned in the General Plan, he said, and Staff felt they would not be in competition with convention hotels . Corn. Mackenzie established that owners of Vallco Park, though not officially noticed, were aware of the situation. 410 John Vidovich, Applicant, described some minor modifications they had made; adding the driveway into the Payless area, eliminating some rooms and making some into suites . He described special features of seven different building set- - Below Market Rate Housing • PC-466 PLANNING COMMISSION MINUTES, MAY 13, 1985 • Page 8 backs with pockets of landscaping, additional landscaping gained from the freeway access, special paving treatment in front,and a landscaped median that might have. to be removed because of ®. Fire Department requirements. He, described the parking structure to accommodate most of the parkin; on .two levels, and theuse of stucco to match the Mariani building, in particular, and other buildings along De Anza Boulevard. He described accents of reddish-brown window frames., grey tinted windows and a front porte cachere to give relief and shelter. IIe described some proposals for adding interest on the north side which the Commis- sion could choose from, adding that -the building would screen the. lumber yard somewhat . On the issue of use, he envisioned it more as an "inn" to accommodate people who did not want 'or could not afford a major hotel, he said, and advised that 70a of the accommodation would be suites, that refreshments and complimentary beverages would be served and there would be' a. shall meeting room for guest and community functions . He expressed the concerns of having ;to take ouE.the median for the Fire Department and of being pi'e'pared only to underground utilities along their frontage. . Com. Adams wondered what other uses had been considered. Mr. Vidovich advised that office was possible, that it would not • make a good residential. site, but that the motel use was ideal. He noted the small frontage and the difficulties during heavy • traffic hours, so that it was important the adjoining Goodyaar access was available to them. He noted the City policy of having adjoining driveway uses, and was pleased that Staff had approved the access being open. Com. Adams established that there wa8 a waiting aitin, list for the mini-storage facility. Com. Sorensen established with Mr. Vidovich there was an excess of parkin; paces_. Mr. Vidovich, questioned b y Cora. Mackenzie, pointed out changes 5N i u ch nges in the interior courtyard, showingthe pool, fountain, jacuzzi,�1 C , glass enclosed elevator and open space . Dennis Henri, Architect, described the design as blending with the business environment . He described the parkin: structure, with extensive landscaping treatment and larger trees along the north side . The Fire Department requirements were discussed, and it was felt by Assistant Planning: Director Cowan that the Fire Department required a 10 ft . 6_ in. clearance under the parking structure and could then accomplish access without a turnaround space . Glen Grid;g, Traffic Engineer, disagreed with the report from the traffic consultants, since there had been a misunderstai ing about the City ' s trip rate; the result being that the situation was better than the report suggested, creating less traffic than a comparable commercial site . • 'PLANNING COMMISSION MINUTES, MAY 13, 1985 PC-466 Coy.. Sorensen, established that iMs . Draper of the City of ' Page 9 411 Sunnyvale was satisfied at present , and would address any . concerns to the City Council. Corsi. Adams wondered if the righthand access lane to the freeway would eventually go on over the freeway. Mr. Grigg advised that, with State approval, there might be four lanes all the way to Bollinger within the next fiscal year. Com. Adams commented that the southbound traffic had to cross over the lefthand lane, and it was difficult . Mr. Grigg stated that this was being done now wihtout diffic- ulty and without accident, since the double left turn lanes going north on Homestead interrupted the flow and created gaps . Mr. J.D. Vanderlaan, 20465 Saratoga Los Gatos Rd. , represen- ting J . Franklin and P .W. Markets, said the traffic situation was complicated and warranted an Environmental Impact Report . He described the access difficulties, noted they did not have a right of way when the land was purchased and felt the proper use would be a miristorage facility. MOTION: Corn. Sorensen, to close the Public Hearin,.; SECOND : Corn. IMackenzie VOTE: Passed 4-0 (Chr. Claudy absent) Con.. Adams felt it was necessary to conduct an economic study, and had reservations because of the access . Com. Mackenzie was convinced there would not be an impact on the Vallco Hotel. He wanted to see an exit beyond the Goodyear site, and felt something could be arranged with adjacent property owners . Con. Sorensen had noticed a representative of Vallco at the Meetirim, so sursfized that there was no concern on their part . She was concerned about the small frontage area and the traffic . Vice Chr. Szabo described his experiences of area traffic, but did not know of any better use for the site. Assistant Planning Director Cowan, on the subject of under- grounding, felt Mr. Vidovich should bring it up at City Council level or return later, since it did not seem to have been discussed with Staff. On the turnaround and landscaping problems, he suggested th.e matter be resolved with Staff and the Fire District prior to the City Council hearing. Co:,i. Adams questioned the landscaping on the northerly wall and Mr. Henmi described a couple of alternative designs he has submitted. Con.. Adams was satisfied. Com. Mackenzie felt the wall was "busy" . 411 Mr. Henmi advised they would prefer the planted base of the ' building, rather than the colonade treatr.sent , giving a more sophisticated look. PC-466 FLANNINC COMMISSION MINUTES, :iAi 13, 198 5 Pa, e 10 M,OTION: Com. Sorensen, to rece; ,-tend the 3rantin;; of a Negative Declaration. SECOND : Corn. Adams VOTE : Passed 4-0 (Chr. Claudy absent ) MOTION: Com. Mackenzie, to recommend approval of Application 17-U-85, subject to Conditions 1-15;16;17 and 18 of the. Staff Report and the Findings of the Staff Report and Subconclusions of the !Tearing. SECOND: Corn. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent) MOTION: Com. Sorensen, to recommend approval of Application 15-U-8.5, subject to Conditions 1-15; 16;17 as already modified; 10.;19; 20; 21; 22 "To add interest, the north elevation shall be modified. The final decision shall rest with ASAC*; 23, modified to add, "To be at the discretion of ASAC*; 24; 25; New Con- dition 26, that the Applicant shall work with Staff and Central Fire District to provide adequate access for fire fighting equipment . subject to the Findings of the Staff Report and Subconclusions of the Hearing. SECOND : Con:. Mackenzie411 VOTE : Passed 3-1 (Chr. Claudy absent, Corn. Adams voting against the motion, since he was unsure the use was right for the site) . FREAK: 10 : 25 - 10 : 35 PLANNING COMMISSION MINUTES, MAY 13, 1985 PC-466 Pa; e 11 6 . Application 16-U-85 of ROBERT KOHLER (ROBERT ERSEP.KE) : ® USE PERMIT to construct a mixed use two-story building with 1, 600 sq. ft . of showroom/warehouse on the first level and one residential dwelling unit on the second level and ENVIRON- MENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the east side of Orange Avenue approximately 100 ft . south of Stevens Creek Boulevard in the Monta Vista Commercial District in a P (planned Develop- ment with Neighborhood Commercial, Light Industrial and Residential, 4-12 dwelling units pel gross acre intent ) zoning district . First Hearing. Tentative City Council hearing date - May 20, 1985. Director of Planning and Development Sisk advised the application was consistent with the Monta Vista Plan which was presently being implemented in the area. He advised that Orange Avenue would be widened and aligned with the street opposite, and also that access to this property would be gained from the property to the north under the conditions of that use permit . Chr. Szabo was concerned about fire hazard to the residence, but was assured by Mr. Sisk that the matter would be addressed under the building code. . Com. Sorensen questioned Mr. Kohler, the architect, on the specimen almond tree, and was informed by him that they would take care of it if found to be on their property, but that there was some doubt on the matter. Ann Anger, President of the Monta Vista Improvement Association, wanted more information on the showroom/warehouse, since Monta Vista residents did not want a warehouse in that spot, and residential or commercial seemed more suitable, she said. Mr. Kohler explained it would be a storage area for garage door openers and probably sample doors . He described the operation as low-key, with •2/3 employees, one pick-up truck and no large freight deliveries, resembling a residence after business hours . Com. Adams, after questioning the architect, suggested that "stockroom" might be more appropriate than "warehouse"and felt ther was nothing to be concerned about . Mrs . Anger was still concerned about the position of the garage door, but it was established it was at the back of the building and would not present a visual problem. Nancy Hertert, President of the Cupertino Historical Society, addressed the issue of the 109 year old almond tree and explained its historical significance as the last of a-grove planted by Sam R. Williams, an' area pioneer. She asked that measures be taken to preserve it . • SCom. Adams inquired how long such a tree would be expected to live. Ms. Hertert was unsure, but felt it important to keep it as long as possible and to take good care of it . -466 PLANNING COMMISSION MINUTES, MAY 13, 1985 'age 12 many complaints . The building was lotherwisepleasing, she added. Mr. Rooker explained this was a construction of lattice, • and not lattice screening as appeared elsewhare in Monta Vista. He described the 1 x 4 redwood boards used, and how the lattice constituted a sun-screen and solar system. Questioned by Cora. Adams, Mr. Rooker described the open gables, the overhangs and where the lattice would appear on the building. Com. Mackenzie established that the ceiling and gables were open with windows in the gables to the roof. Mr. Rooker described the two-story entrance element with the gable windows visible. MOTION: Com. Mackenzie, to recommend the granting of a Negative Declaration. SECOND: Com. Adams ' VOTE: Passed 4-0 Com. Mackenzie suggested tightening the wording of Condition 21. MOTION: Com. Adams, to recommend approval of Application 17-U-85, subject to the Findings of the Staff Report and the Subconclusions of the Hearing, with Conditions 1-20; Condition 21 modified by changing the word "may" to "shall"; Conditions 22-24; Condition 25, that the fence structure shall be at the discretion of Staff, to be in concert with the Monta Vista Plan. SECOND : Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent) 8 . Application 18-U-85 of SMALL WORLD SCHOOLS/NAN ALLAN SCHOOL (CUPERTINO UNION SCi;00L DISTRICT) : USE PEpMIT to operate a pre-school and extended day care facility for a maximum of 84 children at the existing Nan Allan School site and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The Nan Allan School is located on the west side of Portal Avenue at the intersection of Portal Avenue and Amherst Drive, northerly and adjacent to Portal Park. The subject property is located in a BA (Public Building) zoning district . First Hearing. PLANNING COMMISSION HAS FINAL APPROVAL. Assistant Planning Director Cowan commented that the traffic would probably exceed the previous school ' s traffic , if it were still in operation, but that the use was con- sidered to be of community benefit , so would be allowable . • ' PLANNING COMMISSION .MINUTES, MAY 13., 1985 Pc-466 Page 13 Shirley Sherning, Administrator for Small World Schools, ilisted their community attributes and described traffic patterns at their schools, pointing out there were many car pools and multi-sibling situations. Mr. Alfred Sautur, 10300 N. Portal Avenue, pointed out that the proposed school would have extended operating hours, that the drop off area was very small and inaccessible, and that traffic was quite extensive and fast-moving right now. He wondered what effect having so many children playing outside would have on the neighborhood. Com. Adams, for the record, believed the school was completely fenced and enclosed and that the planned use would still be within the enclosed area. He added that it was a good use for the site and he had no concerns . Mr. Eob Edmiston, Cupertino School District, showed the boundaries and the access sate and confirmed Mr. Adam' s statement . He added that the handicapped use in the past had made numbers shall for the potential use of the site. MOTION: Com. Adams, to close the Public Hearing SECOND : Com. Mackenzie VOTE : Passed 4-0 (Chr.- Claudy absent) MOTION: Com. Sorensen, to approve the granting of a Negative Declaration. . SECOND : Com. Mackenzie VOTE: Passed 4-0 (Chr. Claudy absent) MOTION: Corn. Adams, to approve Application 18-U-85 subject to Conditions 1-18 of the Staff Report , the Findings of the Staff Report and the Subconclusions of the Hearing . SECOND : Com. Mackenzie VOTE: Passed 4-0 (Chr. Claudy absent) 411 PC-466 PLANNING COMMISSION MINUTES, MAY 13, 1985 age 14 MOTION: Com. Mackenzie, to close the Public Hearing SECOND: Com. Sorensen VOTE: Passed 4-0 110 It was the consensus of the Commission that the 109 year old almond tree be protected. MOTION: Com. Sorensen to recommend the granting of a Negative Declaration SECOND: Com. Mackenzie VOTE : Passed 4-0 (Chr. Claudy absent ) MOTION: Com. Mackenzie, to recommend approval of Application 16-U-85, subject to the findings of the Staff Report, with standard conditions 1-15 and conditions 16-30; and the subconclusions of the Hearing. SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent ) 7: Application 17-U-85 of RAYMOND ROOKER: USE PERMIT to expand and remodel an existing residence into a 1, 900 sq . . ft . two-story office building and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the north side of Granada Avenue 100 ft . west of Imperial Avenue in the Monta Vista • Commercial District in a P (Planned Development with Neighborhood Commercial, Light Industrial. and Residential, 4-12 dwelling units per gross acre intent) zoning district . First Hearing. Tentative City Council hearing date - May 20, 1985. Director of Planning and Development Sisk described the proposal as consistent with the Old Monta Vista Plan, and suggested access be widened by 2 ft . by reducing parking space widths. Mr. Ray Rooker, the architect, raised the issue of the 6 ft . masonery wall and whether it should be required, since there was one residential and one vacant lot adjacent, so that, apart from aesthetic concerns, it would seem that it would have to be removed at a later date . Fir. Sisk mentioned a previous application in the area, where there had been a specific condition added to leave out such a masonery wall. Com. Adams recalled that in that instance, it had been left to Staff' s discretion, because of concerns of blending. Mr. Sisk suggested a condition should be added that fencing should conform to the guidelines for the Old • Monta Vista Area. Ann Anger, President of the Monta Vista Improvement Assoc- iation, inquired about the lattice and whether it could be changed, since residents did not like lattice as it appeared in the Monta Vista area right now, and she had received PLANNING COMMISSION MINUTES, MAY 13, 1985 _PC-465 9 . Application 4-U-83 of CARL N. SWENSON, tNC . (ITSUO Page 15 UENAKA) : AMENDMENT OF USE PERMIT to modify Conditions of 410 Approval relating to building intensity and accounting of traffic generation and ENVIRONMENTAL REVIEW. The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the west side of North De Anza Boulevard approximately 200 ft . south of Mariani Avenue in a P (Planned Develop • - ment with General Commercial, Industrial and Residential intent ) : zoning district . First Hearing. Tentative City Council hearing date - May 20, 1985. Assistant Planning Director Cowan explained that the Use Permit for the building had been granted with the under- standing that the Applicant would acquire enough trips to • build it, but they had not been able to acquire enough, so were consequently approaching the Planning Commission • and City Council for a waiver. He advised that Staff was endorsing their unique proposal, as it was of benefit to the City , in that tie site of the auto parts store would not be developed, but could be leased for parking, with the front landscaped according to the De Anza Boulevard Plan, thus solving a "problem" lot . • Vice Chr. Szabo was concerned about maintenance of the landscaping, and established with Mr. Cowan that whoever owned it would maintain it . He referred to the General Plan stipulation of community-wide benefits far such a waiver, and wondered, assuming the land had been obtained cheaply, if there were enough benefits here . Mr. Doug Sugimoto representing Carl N. Swenson, Inc . , advised they had to pay a very large sum for the land, and that Mr. Vidovich had not bought it for that reason. He felt they would be adding to the City-scape, and stated that in one action they would be modernizing and beautifying the -remainder of that section of De Anza Blvd. On the question of maintenance, he suggested they might sell the land to i'Ir. Vidovich at a discount, since no-one else would be interested, and that either one of them would maintain the land, since they both did business in the community and it would be counter-productive for them not to do so . MOTION: Corn. Adams, to close the Public Hearing SECOND : Corn. Sorensen VOTE: Passed. 4-0 • Com. Adams supported Staff, since he saw in the proposal an opportunity to coordinate the west side of N. De Anza Boulevard, though he did not particularly like the idea of the waiver of trips . Com. Mackenzie felt likewise . 411 Com. Szabo ' s position was that it did not conform to the General Plan because for the small area of the lot a much greater amount of office space is granted: The maintenance issue and how to enforce it was disculc>d. J_ 66 PLANNING COMMISSION MINUTES, MAY 13, 1985 . ate 16 MOTION: Com. Adams, to reopen the Public Hearing SECOND : Com, Sorensen VOTE: Passed 4-0 411 (Chr. Claudy absent ) Mr. Sugimoto registered his disatisfaction with their suggestions, since they did not want to be responsible for maintenance, should Mr. Vidovich be the owner. Assistant Planning Director Cowan suggested that a condi- tion be added anticipating the possible transfer of the maintenance responsibilities to Mr. Vidovich. MOTION: . Com. Adams, to close the Public Hearing SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent) MOTION: Com. Adams, to recommend acceptance of the Negative Declaration of the Environmental Review Committee SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy absent) MOTION: Com. Adams, to recommend approval of Application 4-U-83, subject to the Findings of the Staff Report and the Subconclusions of the hearing, with Condition 18 reworded as in the Staff Report and with new Condition 29 added reflectinf; the requirement that maintenance of the auto parts 411 store parcel shall be the responsibility of the owner andtransferred to the new owner (adjoining property to the south) if purchased. SECOND : Com. Sorensen VOTE: Passed 3-1 (V. Chr. Szabo voting against the motion, Chr. Claudy absent ) UNFINISHED BUSINESS Vice Chr. Szabo re-addressed Item #1 on the Agenda, recommend- ing that it be passed to City Council with an explanatory Minute Order, since the Commission, though they were still reluctant to discuss it in the absence of the City Attorney, felt that urgency warranted expedition. NOTION : Com. Sorensen, to send a MINUTE ORDER to City • Council to advise that due to the absence of City Attorney Kilian, the Planning Commission had been unable to consider Application 30.-U-84, and due to urgency, were forwarding it to City Council for action. SECOND: Com. Adams VOTE: Passed 4-0 (Chr. Claudy absent ) 411 NEW BUSINESS PLANNING COMMISSION MINUTES, MAY 13, 1985 Pc-466 REPORT OF PLANNING COMMISSION Page 17 411 The mayor' s lunch on the following Thursday was discussed. Com. Mackenzie volunteered to attend. The letter received from Deborah MacNamara of May 1, 1985 was discussed. Director of Planning and Development Sisk undertook to pursue the matter with Ms. MacNamara once the architect had submitted plans. Vice Chr.• Szabo suggested an explanatory letter should be sent. to Ms . MacNamara. Com. Sorensen mentioned the satellite dish located near Any Mountain, which was supposed to be painted buff, but which was painted white. REPORT OF THE PLANNING DIRECTOR Director of Planning and Development Sisk advised he would be adding an item to the Agenda for the next few months regarding the process of redesigning City Hall, Library and Civic Center, to keep the Commission informed, since Public Hearings would b- held eventually. Adjournment : ' 12: 10 a.m. Tuesday, May 14, 1985. O ATTEST: APPROVED: • /s/Dorothy Cornelius /s/Nicholas Szabo City Clerk Vice Chairperson