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PC 09-23-85 CITY OF CUPERTINC,STATE OF CALIFORNIA :-q7 10300 Torre Avenue,Cupertino,Ca. 95014 411 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 23, 1985 SALUTE TO THE FLAG: 7: 30 P.M. ROLL CALL Commissioners Present : Com. Mackenzie Com. Adams Com. Szabo Com. Sorensen Chr. Claudy Staff Present : Dir. of Ping. & Comty.Devel. Cowan Assistant Planning Director Piasecki APPROVAL OF MINUTES MOTION: Com. Adams, to approve the Minutes of the Regular Meeting of September 9, 1985, after deleting the words following the comma in the first para- graph of Page 6. SECOND: Com. Sorensen VOTE: Passed 4-0 (Chr. Claudy abstaining) MOTION: Com. Adams, to approve the Minutes of the Regular 410 Meeting of July 22, 1985 as submitted. SECOND: Com. Sorensen VOTE: Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS MOTION: Com.. Sorensen, to continue Item #1 until the Regular Meeting of October 28, 1985, per written request from Marriott Corporation. SECOND: Com. Adams VOTE: Passed 5-0 MOTION: Com. Adams, to continue Item #3 to the Regular Meeting of October 28, 1985, per Staff' s request . SECOND: Com. Sorensen VOTE: Passed 5-0 WRITTEN COMMUNICATIONS A letter from Marriott Corporation regarding continuance of Item #1 on the Agenda; a letter from Maxine Drummond passed on to Public Works Department for their attention. ORAL COMMUNICATIONS CONSENT CALENDAR ITEMS REMOVED FROM CONSENT CALENDAR PUBLIC HEARINGS : I PC-476 PLANNING COMMISSION MINUTES, SEPTEMBER 23, 1985 Page 2 2. Application 31-U-85 of EDWI!N J. MYERS (ALLAN EYER) : USE PERMIT to restripe and modify the landscaping of an existing110 AT"v ,T T R VIE e parking lot and ENVIRONMENTAL PE I r, . The project is cate- gorically exempt, hence no action is necessary. The subject property is located on the south side of Stevens Creek Boule- vard opposite Bandley Drive in a P (Planned Development) zoning district . First Hearing continued. Tentative City Council hearing date - October 15, 1985. Mr. Piasecki presented the Staff Report, mentioning Staff' s concern for incorporating or relocating the large olive trees and advising that Staff recommended approval, because of the bus turnout, landscaping and pedestrian access that would be added. The Commission established with! Staff that parts of the same center, though under the same ownership, had different use permits and could not be addressed collectively. It was also established that Mervyns did not favor angled spaces or compact parking. Mr. Cowan advised that a two year old survey during the Christ- mas season showed the parking lot was not full. Chr. Claudy felt this was a minimum redesign and wanted Staff' s feelings on the circulation, since he did not want to see approval of the minimum followed by a request for expansion. Mr. Piasecki confirmed Staff was not impressed with the ciruclation, and that recommendation for approval was based on 411 the other improvements . He suggested more could be required if a request for expansion was later received. Mr. Mike Horton, Edwin J. Myers, Project Architect, stated they could not set a good circulation pattern and the required landscaping. He did not think there would be any expansion as the F.A. R. * and parking were at the limit . The Commission questioned Mr. Horton on the alternatives . It was established that when designing parking at the adjacent Fontana's site, Mervyns had not objected to the parking angles; also that the east/west parking at Mervyns would work better and give a betiter yield than the north/ south parking used at Fontanas. The invalid spaces at Mervyns we're discussed; that they were in left-over parts of aisles, but it was found that the extra width made them desirable, and nothing would be gained by removing them. Com. Sorensen questioned Mr. Horton on the olive trees, and the Commission agreed with him, that they caused problems in parking situations, and should be removed. Jim Martin, Sales Clerk, Mervyns, advised that during the Christmas Season and special sales employees had to park in the dirt or in the church lot, and that employee cars in the church lot at Christmas numbered, approximately 100. *F.A.R. - Floor Area Ratio PLANNING COMMISSION MINUTES, SEPTEMEER 23, 1985 j PC-476 Questioned by Corm. Szabo on the compact ratio, Mr. Horton Page 3 advised Mervyns did not favor compact spaces, since compact owners often would not ase :c:... Chr. Claudy and Com. irTackenzle sympathized. ir. Piasecki advised that eight spaces only could be gained by increasing the compact ratio. MOTION: Com. Adams, to close the Public Hearing SECOND: Com. Sorensen VOTE: Passed 5-0 The consensus of the Commission was to agree with the Staff Report and to add an additional condition on the trash enclosure at Marie Callenders, which it was noted was not being used. MOTION: Com. Mackenzie, to recommend approval of Application 31-U-85, subject to the Findings of the Staff Report and the Subconclusions of the Hearing, with Conditions of the Staff Report as follows: Standard Conditions 1-15; Conditions 16-27; new Condition 28 to specify that trash containers be kept within the trash enclosure provided. SECOND: Com. Sorensen VOTE: Passed 5-0 UY7IrIs'HED BUSINESS 110 YEW EU L E$S 4 . r _p1Loatior ., 3 ; or D2 a 'A ROPE.TTI -,E .nor r cdific at ion to remove the rarking sti.t:c- tuirf located cr1 the northwest corner of 71.7hway 280 and : rt.. De_ A _z Mr. Fiaseck{ relayed Staff' s concern, that the parking had been presented in Public Hearing and should not be reduced without further Public Hearing. Mr. Robert Mok, Assistant to the Applicant, said Mr. Vidovich felt a delay would be unfair; having already hired consultant . , he wanted assurance that the project would be approved before going to another Public Hearing. Mr. Mok further stated the reasons for deleting the garage; that it was unattractive and expensive. Chr. Claudy observed that the project was already approved as previously submitted, and, at worst, it could be built as already approved. Com. Szabo felt the parking garage issue need not affect the overall building schedule. The consensus of the Commission was the modification was not minor and therefore a Public Hearing would be held. Chr. Claudy advised that, if the modification was approved, 400 a new Condition would probably be added controlling the signage at the site, with special regard to the Lounge . PC-473 PLANNING COMMISSION MINUTES, SEPT EMBER 23, 1985 Page 4 5. Application 9-U-83 of INTERLAND DEVELOPMENT COMPANY (SEVEN 411 SPRINGS RANCH) : Request for minor modification for barn expansion. The subject property is generally bounded by Rainbow Drive, Stelling Road and Prospect Road. Mr. Cowan reported that a Condition to give Staff juris- diction over minor changes had not been added, and this type of situation had not been anticipated. Staff felt the barn expansion was very minor, he said, and he advised that though the barn was on a trace fault, these were not governed by State policy as were active faults, and in anycase, it was a e p l y not a habitable building. Com. Adams questioned the proximity to future backyards. Mr. Cowan observed that residents would have knowledge of the structure. . The consensus of the Commissionl was that this was a minor modification. 6. Application 28-U-85 of MANUEL GONZALES: Request for interpretation of minor modification for approved use permit . The subject property is located on the east side of Peninsula Boulevard approximately 100 ft . 1south of Grand Avenue. Mr. Piasecki advised that a 3 ft . encroachment had previously been approved at Public Hearing, but that as a Condition specifically addressed the reduced 7 ft . setback, Staff felt this 2 ft . measuring error, making the setback potentially 411 5 ft . only, should be brought to the attention of the Commission. Com. Adams felt the change was of a variance nature, even thouh it was ir. a PD* zone, and should be treated as such. It was the consensus of the Commission that further Public Hearing should be held. REPORT OF THE PLANNING COMMISSION It was arranged that Com. Sorensen would attend the Mayor' s luncheon on September 26, 1985. Com. Mackenzie suggested a Motion to initiate a Hearing on a change of zone for the old 7-11 site on Bubb Road. Mr. Cowan advised he had that afternoon received a request from the owner to withdraw the present Application. He reminded that the Commission had the previous Wednesday (9 .18 . 85) deemed it inappropriate to rezone land with an active Application,and melt it would be preferable to address the zone, rather than the land. Com.. Mackenzie observed there was now no active Application in this case. Com. Szabo remembered there were also some areas of Monta Vista to be addressed. The Consensus C ns nsus of the Commission was to initiate Hearings, keeping both approaches and dropping one later. 1 *PD - Planned Development 1 sx. vRq MJ jtYar4 7,y!,• mY ..inti �x .i?^vyw'+ :" j.•*r i-, 3. Af :;u_ I;:s V ,»y,.'/ V .`.`.6,5T s =s'r..•. . .. .4 ''e�•.a � CTA ct ;:1 tb Y.0%til "' tiffs 3. f i �F w' iS i , t 0'. X985 T6 PLANNING,' CODDIISSION I4INUTES, SEPTEMBER 23, �""Page y MOTION: Com. . Mackenzie, ,to initiate. s 'Hearing ta - consider a: change of.."zone .on the old, ? 11 proPer. ' on Bubb Hoad::to suggest an 'R 1 zone, or '.what,evcr s, zone may be c:eemed 'appropr.iate,:by 'the Planing Commission. SECOND: Com. Sorensen _0', > VOTE: Passed (Chr. Claudy abstaining) Com. Adams determined that the Rong Shing 'Application ... scheduled for the r�Xt Meeting was for the same use but 4 a different design than previously heard. REPORT. OF. THE PLANNING DIRECTOR Mr. Cowan advised that at the next City Council Meeting the BMR* issue would be addressed, to set direction in terms °of ; a fee or tax, after which Hearings would be scheduled at Planning Commission level. The Meeting was adjourned at 8:38 p.m. until Wednesday,, ` . September 25, 1985 at 7:30 P•m• ATTCsS'Fs a; eL. APPROVED: �. x , au e- ;Dorothy,., Cor..,livl&� �r �}" „ L Cha`rper.son Cily C3er .' a , F 1; 1 ' t t 1 { ft I #BMR - Below Market Rate Housing i i a 3 V C