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PC 01-08-90 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 242-4505 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 8, 1990 ~...'."~~~_"''''..-.",., "'__ _.._·,_"_·_·~,w SALUTE TO THE FLAG: ROLL CALL: , . -~. .. .. Commissioner Present: Chairman Adams Vice Chairman Claudy Commissioner Mackenzie Commissioner Blaine Staff Present: Robert Cowan, Director of Community Development Mark Caughey, City Planner Travice Whitten, Ast. City Engineer Leslie Lopez, Deputy City Attorney POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 7: MOTION: SECO'JD: VOTE: ITEM 3: ADDlication 18- TM-89: Larrv Miller - to 02/26/90 at applicant's request. Com. Claudy moved to continue Item 7 to Feburary 26, 1990. Com. Blaine Passed 4-0 ADDlication 5-EXC-89: Lance Geselbracht - Continued to a date uncertain. Mr. Cowan stated that Item 3 would be readvertised MOTION: SECO'JD: VOTE: Com. Claudy moved to postpone Item 7. Com. Mackenzie Passed 4-0 PLANNING COMMISSION MINUTES Regular Meeting of January 8, 1990 Page 2 WRITTEN COMMUNICATIONS: Com. Mackenzie acknowledged letters received from Mr. Holstead and Ms. Diane Jillie. :~~~:,::;- :-.. ~-'.,~:' ~,-:":::~~'.,;;'.. .;'::::':' ORAL COMMUNlèATIONS: - None.": :, . . CONSENT CALENDAR: - None PUBLIC HEARINGS: ITEM 1: Application No(s): Application: PrQperty Owner: Location: 23-U-89 and 33-EA-89 Maria Tung James Moering NIW Corner of S. Blaney Avenue & Bollinger Road USE PERMIT: to establish a home delivery and take-out food service with separate retail sales area in an existing 2,860 sq. ft. tenant space within an existing shopping center. Staff Presentation: Mr. Caughey presented the Staff Report. He noted the proposed use is for a catering service. He also noted a traffic study performed by Barton-Aschman Assoc. concluded the proposed use would add one and one half trips per day. Mr. Caughey stated that the applicant requested ConditiOIJ 2 in the model Resolution be modified to sell package liquor with food orders only. No individual sale or consumption of liquor would be allowed on the premises. Mr. Caughey noted concerns from residents and staff as to the trash accumulation, unsanitary disposal practices and structural damage in the shopping center. He proposed 2 conditions in the model Resolution pertaining to trash enclosure/service activity, resJriction .and future corrective measures. In response to Com. Blaine and Com. Claudy's concerns, Mr. Caughey stated the above conditions would apply to all tenants. ADDlicants Presentation: Mr. Tung-sun Tung, applicant's husband, requested condition 2E in the model Resolution be modified to a 40% limitation:. He explained the traffic study by Barton-Aschman Assoc. .;:, :;:;bJ.:>'-¡ ,-'M" -:~-,~'.^~ -,-= PLANNING COMMISSION MINUTES Regular Meeting of January S, 1990 Page 3 , I,' . H..~. .,:' \A~T' lAW ., ~.. r', , !, ,I.... ~, ..~ :',E' \... concluded the walk-in service would not increase the trafficQ~n~r.ªtipn.¡ In response to Com. Claudy and Com. Blaine's questions, Mr. Tuñgexplá¡'nèd his business operation. "'1f\ , ","'-""" , c: t ~ . ' '; "'_' '~-'7:::i:"HO"') Com. Mackenzie stated that walk-in business must be controlled. Com." '(:'... .. Claudy noted concerns about traffic if the walk-in service became the . ;;on' primary source of business. In response to this Mr. Tung stated the~~~. ,."¿~Jq primary business will be phone orders. '-" . :'}:n ¡ Chr. Adams noted his concern about the use of styrofoam containers,. :""''j,}';:' "(-, t.. The Public Hearing was then opened. , ,. \':~"1~(~',J ", Ms. Rose Hinders, 10775 La Roda Dr., stated concerns about the noise of delivery trucks. \1::" -' Mr. Leo Hoefer, 20076 La Roda, read letters from concerned citizens ,¡.;:. regarding unsanitary conditions of the shopping center. He then gave â slide presentation of the unsanitary conditions. .- '- ,--, ....1 , ~,.." '. ~,LV ~:' I. .) .:o..:..L;;", Ms. Darlene Thorne, 20097 John Dr., had concerns about the unsanitary' " conditions of the shopping center. " ,-~- " ," 1 C, - , ','" I Mr. Daniel Mau, 20041 Bollinger Rd., owner of Ho Ho Restauraijt" stated that he had the garbage cleaned up from around his business. ' - - .. --' Mr. Frank Frazitta, 6822 Bollinger Rd., had concerns about traffic accidents and trash from the shopping center. --. Ms. Colleen James, 20091 La Roda Ct., asked for clarification of th'èzOI1'¡rìg<;¡I"~: ." ... ,is 1"-; regulations for the shopping center. . ,.1.1".;. -~,-- :..JC· 'N Ms. Mary Ann Overton, 10743 S. Blaney Ave., had concerns of shopping carts of sidewalks. .. ,:)¡:~'3" Mr. Tung-sun Tung reaffirmed that his business would have a high standard of cleanliness. : :1:.1 Ms. Martha Higgins, 10834 S. Blaney, had complaints about the pollution, noise and traffic accidents in the shopping center. PLANNING COMMISSION MINUTES Regular Meeting of January 8, 1990 Page 4 ~-^,',,~,. " MOTION: SECO'JD: VOTE: ".. ~., Com. Mackenzie moved to close the public hearing Com. Claudy Passed 4-0 Com. Blail')~ stated that the city should declare this shopping center as a public nuisance. In response to Com. Blaine's question, Leslie Lopez, Deputy City Attorney, stated that a minute order could be sent to the City Council suggesting the shopping center be declared a public nuisance. Chr. Adams recommended a continuance to investigate further into this nuisance factor. Com. Claudy stated that the concerns noted in the public hearJng are independent of the applicant's request. Chr. Adams stated he would like to hear from the property owner or Real Estate Agent and requested staff look into recommending the shopping center be declared a nuisance. MOTION: SECO'JD: VOTE: Com. Blaine moved to send a Minute Order to City Council to begin a nuisance abatement on this shopping center. Com. Mackenzie Passed 4 - 0 In response to Com. Mackenzie's question Mr. Caughey stated the existing trash enclosures do not meet city standards. Com. Mackenzie recommended that a trash enclosure be installed and everything within 50 yards of this sight be cleaned up. MOTION: SECO'JD: VOTE:' H ,', . MOTION: . , Com. Mackenzie moved to recommend to approve a negative declaration for Application 23-U-89. Com. Blaine Passed 4 - 0 ," Com. Mackenzie to approve application 23-U-89 subject to the findings and conditions of the model resolution with condition 2B modified to permit the sale of packaged alcoholic beverages for off-site consumption in conjunction with food sales only, no separate sale of alcoholic beverages permitted. Condition 2E be modified to include that pick up of merchandise will not significantly impact the traffic or parking otherwise associated with the center. Condition 4 to include prior to commencement of the approved use the property owner shall PLANNING COMMISSION MINUTES Regular Meeting of January 8, 1990 Page 5 , - W_"'N cleanup the area within 50 yards of subject sight of all debris subject to review and approval by staff. -., SECO'JD: Com. Claudy VOTE: Passed 3 -1 Chr. Adams voted no recommending the application be continued for further investigation into nuisance abatement. MOTION: Com. Claudy moved to continue items 4 - 9 to January 9, 1990, 7:30 pm. Com. Blaine Passed ," , SECO'JD: VOTE: ,< <4:,0 ').',t., ITEM 2: Application No(s): Appl icatio n: Property Owner: Location: 27-U-89 and 38-EA-89 Pasadena-Granada Corp. Monta 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 39,400 sq. ft. of commercialloffice space and 27 dwelling units, including 11 units of affordable housing for senior citizens. Staff Presentation: Mr. Cowan presented the Staff Report. He stated the project is to refurbish and expand the Monta Vista Center. He noted that the mixed use concept, the residential density range and the inclusion of senior housing are consistent with the General Plan policies. He commented on the consistency with the Monta Vista Guidelines. He ,< . < addressed the issues of privacy and compatibility with the surrounding single family residential neighborhood. He explained the concept Of joint. parking arrangements and commented on the traffic issues. Mr. Cowan also commented on the architectural theme. In response to Com. Claudy's question he stated the parking ratio for elderly is standard throughout the State. In response to Com. Blaine's concerns, he stated the amount of parking spaces for elderly would be 6-12. Ag,gJicant's Presentation: Mr. Ray Rooker, Architect, stated the proposed project would be the best use for this land. He made brief comments on PLANNING COMMISSION MINUTES Regular Meeting of January 8, 1990 Page 6 -;-~~:. .,~......., '-' . ..'::. ....... tne(.'plan .anddfit$ign of this project. He noted that it is the developers intent to extend the main entrance to dual lanes. Mr. Rooker noted his cOl'1cern for privacy intrusion. He stated they were within the Monte Vista Guidelinel¡> ~nØ gave a brief description of the design of the project as well as parking. In response to Chr. Adams question Mr. Rooker stated no more parking would be put in at this point. Com. Claudy expressed great concern on the parking issue. Chr. Adams questioned Public Works Staff regarding on-street parking also t~e, entrance and exit to proposed project. Com. Blaine expressed cDncernabout view block when exiting the center and asked Public Works to address this. She also suggested underground parking. Com. Claudy nmedçoncElrns about the oak tress on the property. In response to Chr. Adams question Mr. Brown, developer for the project, stated the 20 .year CC&R requirement for the seniors would be acceptable. The Public Hearing was then opened. Mr. Patrick Milligan, 10018 Oakleaf PI., Director, Oakdale Ranch Homeowners Assoc., gave a slide presentation. He expressed his concern about zoning, topography, privacy and the oak trees. Mr. Chong Pong Ng, 10009 Oakleaf PI., noted that density and zoning are public concerns. He expressed his objection to privacy intrusion. Mr. Morry Nelson, owner of 21801 Stevens Creek Blvd., endorsed the project and expressed his concerns about conforming to the Monta Vista Guidelines. Mr. Ron Fairchild, 22087 Clearcreek Ct., commented on Mr. Milligan's and Mr. Ng's concerns and expressed his own concerns about traffic and high density housing. Mr. Ken Lindberg, 21917 Oakview Ln., expressed his concerns about the three story unit and traffic impact. He was in favor of the project, but felt it should be down scaled. Ms. Ann Anger, Monta Vista, expressed concerns about the development. PLANNING COMMISSION MINUTES Regular Meeting of January 8, 1990 Page 7 . , I), 'f. :~ -'. _r Ms. Sally Brennan, 19117 Twilight Ct., spoke' in favor of ttTEJi project arid:; : was glad to see senior housing. '''''' , Ms. Jean Taylor, 21891 Corte Madera Ln., noted concernsat)out traffic circulation and density. }' '- ;., . , , Ms. Denise Weigel, 21906 Monte Ct., expressed concerns about the apartments and retail stores. '~'i.:'(' " Ms. Molly Hastings, 21884 Woodbury Dr., expressed concemabout the architecture. . , - '.' ;'j~~,:·.::<-T Mr. Bruce Wenniger, 10298 Mann Dr., was glad to see the upgradïi1~f'èf the:" shopping center, but concerned about traffic problems and, high density. ~ .. r"- Mrs Francis Coolidge, 22115 Clearwood Ct., expressed conc~rns abouftf1eó-: overpopulation of the area as well as the traffic impact. . .... . . - ;'-',:)! (~~, i- \.'- -.~ ,. .- Chr. Adams continued the public hearing to January 9, 1990 at 7:30 p.m. The meeting was adjourned at 12:00 midnight. ,. - Respectfully submitted, (Î",L)I/ &/~¡J Catherine M. Robillard, Recording Secretary .... -~ , 1.;',1.1, ,_. :";': ',' -,..., -.,:, , ,-. " Approved by the Planning Commission At the Regular Meeting of , 1990 ~:c " ;ré... .- ''-: j Attest: " ....: If. )~ ~ elius, City Clerk