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PC 01-27-86 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 January 27, 1986 (Meeting Held in the Council Chambers of Cupertino City Hall) SALUTE TO THE FLAG; 7:30. P.M. ROLL CALL: Commissioners Present: Chairman Claudy Vice Chairman Szabo Commissioner Adams Ccumnissioner Mackenzie Commissioner Sorensen Staff Present: Robert Cowan, Director of Planning & Development Steve Piasecki, Assistant Planning Director Charles Kilian, City Attorney Sonia Binnendyk, Planner II Glen Grigg, Traffic Engineer Election of Officers Chairman Claudy stated that the first order of business was the election of a new Chairperson and Vice-Chairperson. MOTION: Conn. Sorensen moved to elect Cann. Szabo as Chairman SECOND: Chr. Claudy • VOTE: Passed by acclamation. Com. Szabo then assumed the duties of Chairman. MOTION: Cam. Sorensen nominated Cam. Mackenzie as Vice Chairman SECOND: Cam. Claudy Chr. Szabo asked for other nominations; there were none. MOTION: Cann Claudy moved that the nominations be closed. SECOND: Corn. Adams VOTE: Passed 5-0 • MOTION: Chr. Szabo moved that Coin. Mackenzie be elected Vice Chairman VOTE: Passed by acclamation. APPROVAL OF MINUTES MOTION: Cam. Sorensen, to approve the Minutes of the regular meeting of October 28, 1985, as submitted. SECOND: Cann. Adams VOTE: Passed, Chr. Claudy abstaining. 4-0 MOTION: Cam. Adams, to approve the Minutes of the regular meeting of November 12, 1985, as submitted. SECOND: Conn. Claudy VOTE: Passed, Cam. Sorensen abstaining. 4-0 I - , I ' PLANNING COMMISSION MINUTES Regular Meeting of January 27, fL986411 APPROVAL OF MINUTES (font'd.) MOTION: Com. Adams, to app a the Minutes of the Regular Meeting of December 9, 1985, as submitted. SECOND: Com. Sorensen VOTE: Passed 5-0 MOTION: Cam. Adams to ap prove the Minutes of the Regular Meeting of January 13, 1986, as submitted. SECOND: Com. Sorensen VOTE: Passed 5-0 EDITION: Com. Adams, to approve the Minutes of the Regular Meeting of January 15, 1986, as submitted, with the following changes: - Page 4, paragraph 7 -- the question of whether we have a hazard control plan to dPa1 with such problems as an earthquake be inserted. Cam. Adams does not feel the issue was addressed adequately by the applicant. - Com. Mackenzie asked that on Page 6, the second motion be changed to state that Cam. Adams made the motion and Com. Szabo seconded. - Cam. Claudy requested that on Page 4, paragraph 9 the wording be changed to reflect that he did not feel that "Cupertino residents would look favorably upon the proposed Marriott sign". SECOND: Com. Mackenzie VOTE: Passed 5-0 POSTPONEMENT'S/NEW AGENDA ITEMS ITEM 2, 28-'Ili-85, Whaley and iates has been withdrawn at the request of the applicant. ITEM 7, listed under New Business, pertains to the same property. Mr. Cowan stated that this matter is not a public hearing, but is submitted for an interpretation on the tarp of the Commission for General Plan consistency. WRITTEN COMMUNICATIONS Chr. Szabo stated that the one letter that had been received pertained to Item 6, 49-U-85, Monta Vista Inn, will be discussed at that time. Mr. Cowan stated that Mr. Sam Test had submitted a pamphlet concerning housing for the handicapped, for the information of the Commission. ORAL COMMUNICATIONS - None CONSENT ITEMS REMOVED FROM CONSENT CALENDAR - No Consent Calendar Actions. �. PLANNING COMMISSION MINUTES Regular Meeting of January 27, 1986 . PUBLIC HEARINGS: ITEM 1. CITY OF CUPERTINO GENERAL PLAN ANIENE ENT (1-GPA-85) The subject General Plan Amendment involves revisions to the Housing and Land Use Elements: (a) Amend the Housing Element to update demographic data, reassess housing need and amend various housing policies and programs, including the Below Market Rate (BMR) program. (b) Amend the Land Use Element to allow a portion of the Vallco Park hotel room allocation to shift north of Interstate Route 280 in the Vallco Park Planning Area. (c) Amend the Land Use Element to designate as a "residential" use area those lots situated at the easterly terminus of Blossom Lane backing up to South De Anza Boulevard. The Planning Commission will also consider applications 23-Z-85 and 43-U-85 (Hunter Properties) : REZONING (23-Z-85) of approximately 0.21 acres from R1-10 to P (Planned Development with General Coimnercial) . USE PERMIT (43-U-85) to expand a previously approved commercial center by 2,300 sq. ft. LOCATION: Easterly terminus of Blossom Lane, 111 adjacent to South De Anza Boulevard and southerly of McClellan Road. CONTINUED FROM PLANNING COMNIISSION MEETING OF: January 13, 1986. ENVERMEMIAL REVIEW: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: February 3, 1986 Chr. Szabo stated that these items have been partially discussed in the past but are still on the agenda. ITEM 1 (a) Mr. Cowan stated that following the last hearing on the General Plan items, staff has prepared same resolutions and incorporated all recommended changes in the Housing Element and Background Report. The staff report of January 27th duals with targeting of monies for expenditures in the housing plan; the second page deals with Chairman Szabo's concerns. If agreeable, these concerns can be addressed in one of the policies of the Housing Element: basically, he is asking to target funds more specifically within the ownership and rental categories. Chr. Szabo clarified that the plan would target three groups of people for housing assistance: a) Elderly Cupertino residents b) Single parents who either live or work in Cupertino c) People who either live or work in Cupertino and who need assistance in the purchase of moderate cost housing. PLANNING CESSION MINUTES Regular Meeting of January 27, 1986 ITEM 1 (a) (Ccnt'd.) • This allocation would be divided equally between rental assistance and ownership assistance. He then referred to the San Jose Mercury News Series currently running about "The N Poor." The Public Hearing was then opened. Mr. Charles Newman, Vallco 'Park Limited, paraphrased their January 13th letter to the Council. Vallco Park Ltd. is opposed to the proposed new subsidized housing program and funding source which is also being proposed. The existing programs are adequate and comply with any state requirements in force. The General Plan has a number of topics that address the housing needs in Cupertino; for example, rent mediation and incentives such as zoning credits. The BMR program has not worked and should be eliminated. Adequate housing is a regional problem and must be addressed at this level with funding coming through county, state and federal sources. If Cupertino implements these programs, it will increase the cost of market housing and those without subsidies will be further away from ownership or even rental. Ms. Ann Anger, Citizen Goals Committee, Cupertino, stated that she has statistic s on the number of 1 income housing units in Cupertino and has asked how much does Cupertino have to do to meet state requirements for providing low income housing. Does want to be another Berkeley i.rig Cupertino or Santa Cruz? Ms. Sally Brennan, Director, Cupertino Community Services, stated that what needs to be addressed is Cupertino taking care of its own people. She praised the Commission for taking time to study and to act on this issue. Ms. Nancy Hertert, resident, tated that the motion is very well written and is proud of a city the General Plan's conscientious effort to help those who need help. Mr. John Vidovich, De Anza ies, stated that the BMR program has been unfair; 1) it has placed the complete burden of providing this type of housing on a small n of developers who have been recognized already by the City Council for providing significant low cost housing opportunities; 2) there are abuses of the program by some participants. De Anza Properties is in favor of a construction tax to replace Hit funding, and requested adopti of a moderate tax to accomplish these goals. Ms. Iola Hendreason, Cupertino resident for 23 years, quoted specific statistics on applicants for housing; these applicants are primarily local. The elderly have special needs in this area and should be given a share of the housing. Ms. Beverly Laurence, Mid-Peninsula Citizens for Fair Housing, spoke of the well known cutbacks in housing; use of a new system of fees for housing is appropriate. 41, Com. 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USE PEEN (43 U-85) to expand a previously approved commercial center by 2,300 sq. ft. LOCATION: Easterly terminus of Blossom Lane, adjacent to South DeAnza Boulevard and southerly of McClellan Road. Mr. Cowan stated that this is a referral from the Council for a report from the Commission. The Commission initially recommended denial of the two applications. Mr. Piasecki stated that the intent of presenting the Commission with a specific Resolution was to say that if the Council acts on your earlier recommendation, they would have then a specific resolution with specific conditions to work from. Chr. Szabo stated that this was not a public hearing but did allow the following individuals to comment: Ms Debbie Maclamara, 20544 Blossom Lane, Cupertino, repeated her request that all three properties be developed together and added that she would like to see the wall on the Blossom Lane side go up first to protect the remaining neighborhood. Finally a request to be notified of architectual and site review meetings. • Mr. Dirk Hunter, 1625 The Alameda, Apt. 705, San Jose, stated that Lot B is now secure; in regard to Int A it is to their benefit, as well as to the neighborhood, to build simultaneously. As a temporary measure, a cyclone fence will be put up as quickly as possible and no trucks will use the cul-de-sac. Mr. Hunter proposed changes in landscaping and setbacks and stated that they are maintaining 1:1 ratio in the distance to the property line. In response to Cam. Adams question, Mr. Cowan stated that the applicants will be filing within the next week for Lots B and C. Despite the lack of a guarantee on the part of the applicant to follow through, the staff feels comfortable with the applicants' intent. In response to Cann. Mackenzie's question on the 7 foot setback of the fence requested by the planning staff, and Mr. Hunter's request to eliminate the 7 feet, Mr. Hunter stated that with the 8 feet already set aside by the city, this project will be responsible for landscaping 15 feet of property, which seems excessive. Mr. Piasecki suggested that due to lack of time and without a guarantee on Lots B and C, the condition remain unchanged, giving the Commission the protection that it requires. Let the applicant refile the use permit and review the matter again at a later time. PLANNING COMMISSION MINUTES Regular Meeting of January 27, 1986 ITEM 1 (Applications 23-Z-85 a7d 43-U-85: HunterProperties) 11, Cam. Mackenzie suggested that when the house on Lot A is demolished, the applicant be required to put up a cyclone fence immediately to maintain security on the cul-de-sac. This will be Condition 30. Mr. Piasecki stated that (there needs to be a Condition 31 requiring the applicant to sign an agreement to remove the driveway on De Anza Blvd, should a revised development plan be approved for joint development with parcels to the south. The driveways must be tied together in that instance. References in the resolution to A, first revision and to A, need to be changes to Al. MOTION: Cann. Sorensen moved that the Commission recommend a change in zoning per 23-Z-85 subject to the Findings on Page 1 and the subconclusion as set forth in the Minutes of the Planning Commission meeting of January 27, 1986. SECOND: Cann. Mackenzie VOTE: Passed 5-0 MOTION: Cam. Sorensen moved that the Commission recommend to the Council approval of 43-U-85 subject to the findings and subconclusions stated in the model resolution, with Standard Conditions 1-15, Condition 16 changed to Exhibit A-1, Condition 21 to include a temporary cyclone fence enclosure following demolition, and 411 Conditions 30 and 31 per the staff suggestions. SECOND: Cam. Mackenzie VOTE: Passed 5-0 ITEM 3: Application No(s) . 21-Z-85,44 LJ-85, 25- -85 Applicant: DEBCOR Corporation Property Owner DEBCOR and Associates Location: West side of Stelling Road, approx. 110 ft. north ofILilac Wav Parcel Area (AC) 0.67 1 REZONING (21-Z-85) From: R2-4.25 (Residential duplex 4,250 sq. ft. lot size per unit) To: P (Planned Development with Residential Single Family, 5-10 DU per gross acre Intent zone or whatever zone may be deemed appropriate by the Planning Commission. USE PERMIT (44U-85) I To construct Six (6) single family homes. TENTATIVE MAP (25-'IM--85) To subdivide said property into six (6) residential parcels with lot sizes ranging from 3,200 sq. ft. to 4,760 sq. ft. CONTINUED FROM PLANNING CCMMISSTON MEETING OF: January 13, 1986 ENVIRONMENTAL REVIEW: Negative Declaration Recommended TENTATIVE CITY COUNCIL HEARING DATE: February 18, 1986 A PLANNING C OMISSION NILNUT S Regular Meeting of January 27, 1986 ITEM 3 (Contid.) Staff Presentation: Mr. Piasecki stated that the Planning Commission asked the applicant to go back and restudy the site plan for this .67 acre parcel. An aerial photograph was used to illustrate the situation. The Commissions concerns included on-site guest parking Discussions with Glen Grigg, Traffic Engineer and Burt Viskovich, Director of Public Works it was determined that there would be parking on Stelling Road from the proposed driveway to Lilac Way, accommodating approximately 8 spaces. The applicant proposes a 4:1 parking ratio per unit. Staff feels this ratio, along with on street parking, will be sufficient. The applicants revised plan still utilizes the same site plan layout; the Commission's direction to provide some common walls was given to obtain the dual benefit of larger open spaces in the project and the potential for greater setbacks. There have been same improvement in these areas, namely in the setback issue. We suggest that the applicant accommodate an additional 2.5 feet from the south property line to obtain the standard 20 feet. The setbacks on Stelling Road would be 12 feet and 14 feet. The issue on the south property line relates to privacy. The applicant is required to provide an intensive tree screen. Redesigning the building styles is to the benefit of the project. Sloping the roof reduces the mass of the building especially from the viewpoint of the residents to the south. The use of stucco and cultured stone improves the outer building. Applicant's Presentation: Mr. Richard Childress stated that the goal was to provide a transition between the Roundtree at 12.8 units per acre and the detached homes to the south; this project is the same density as what it would be if developed as duplexes under current zoning, with about 2% credit. The layout is now a zero lot line configuration. Shared on-site parking provided exceeds the required 2 1/2:1 ratio. In terms of specific conditions, he requested clarification on the following: Condition 18, Tree Protection. There is only one specimen tree. Other the large trees on the north property line, and the small citrus in the center will be retained if possible. The required fences at drip line and hiring of landscape architect should be deleted and the task left to the developer's discretion. Recording of easement of the properties. Request that it be put in the CCR's "that on sale of the property an easement will be granted to the new owner" Requirement for 22 feet driveway for residential, single family. Requested deletion of Staff's suggested 24 feet width, the requirement for multiple units. Request for curbing. He is opposed to use of full city curbing within • the project. The requested on-site storm drain will be accommodated. •gsenbaz sigueoTTdde aq; agEpommocOE PTA sTqq. :seam 9144 Jo uo-pEnxasazd eqg zo; u2Td E buTgsanbaa pu 8T uoTgipuop 411 go souaguas puooes egg uT buipzoM eqg bu ora'sz pe4sabbns r asEta •.zw •enssT sTgg uo abuego gsanbax s' WEOTTd& aqg gda000 sngg TTTM pus sqoacood pooh butdoTenap ao; uoTgEgndaz S1gueoTTdde eq4 uT eouapTJuoo sTq pe4e4s sq 'aanaMog :uotg0agazd eeaq. IIgo .uemsoaogua goTaqs S OAE3 aH •Agaadozd E go guaudoTenap et . buTinp q.soT aaan Saazg ebaPT 'gsEd eqg uT 4E44 ATautpu 'enssT uotgoe4oad eaag aqg uo suaaouoo stq pe4eqs mew •wo •Aemeniap exp. 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P9}[SE qnq 'peA osaz uaaq seq enssT buT)[a2d agg 4egg paaabe eH aea..4PUno2i 4e gunouta agg aoTm4 Limp ae4reab sT buTPT?nq jo gunoute TEE sqy 'gee; 'bs 000Z AT94emTxoodde eq TTTM Eaze sTgg uT Sauroq aq . :gae; •bs 006 'CT94emTxozdde abpzanp sun eaagpunog egg 'aaoe aed sun ET eazgpunag aqg oq. pesoddo SE eaop aad sgTun 6 ATagEutrxoadde sT Tesodozd sTt. eTTtuy 'buTuoz guano egg aanp PemoTTE A.TSuap uT eseazouT og . uoT .Tsoddo iszoggbTeu sTq pup sTtl pewaagTea 'ouTgaedflO 'AEM oeT1I SOLL 'Agdozg in •41 •pe uagg sem buraEaH oTTgnd et S (•P► ) c Email 986T °LZ AXEnuer go butgaski ae nbaa IflN M NOISSIW W WINNVId 1 PLANNING COMNIISSION NIINUTFS Regular Meeting of January 27, 1986 ITEM 3 (Cont'd.) MOTION: Cann. Sorensen moved for approval of 25-'IM-85 subject to the findings and the subconclusions set forth in the minutes of the January 27th meeting, with Conditions 1-15, 16, 17, Condition 18 amended to remove the second sentence, Condition 19 to reflect the applicant's change as submitted, Condition 20 setting the driveway width at 22 feet, Conditions 21 and 22. SECOND: Conn. Claudy. VOTE: Passed 5-0 Chr. Szabo stated that the final issues on 44-U-85 are parking, set back, tree protection and privacy screening trees, Condition 23. With regard to parking, consensus was that extra guest parking spaces are not necessary. Consensus on 20 foot setback from the south property line, and the tree protection issue as resolved previously. MOTION: Com. Sorensen moved to approve 44-U-85 subject to the findings and subconclusions contained in the Planning Commission minutes of January 27, 1986; Conditions 1-15, Condition 16 to reflect approval of Exhibits A 1st Revision, B 1st Revision and B-1, Conditions 17, 18 referring to Exhibit A 1st Revision of Application 25- M--85, and deletion of the second sentence, Conditions 19, 20, 21, 22 referring to Exhibit A 1st Revision and with the changes as per the applicants suggestion, Condition 23 per the staff suggestion, Conditions 24 and 25. SECOND: Conn. Adams 410 VOTE: Passed 5-0 Break: 9:55-10:05. ITEM 4: Application No(s) . 13 U-85 (revised) Applicant: Terry Brawn/James Hemphill Property Owner Terry Brawn/James Hemphill Location: Northwest corner of Pasadena Avenue and Granada Avenue Parcel Area (Acres) : .48 USE PERMIT (13-U-85 Revised) To change the use of a previously approved 2,250 sq. ft. building from office use to a mixed use consistingof an apartment unit and a 1,900 square foot restaurant. CONTINUED FROM PLANNING COMMISSION MEETING OF January 15, 1986 ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: February 3, 1986 Staff Presentation: Mr. Cowan stated that this application is an amendment of a previously approved use permit. The request is to change the use permit for the third building from a two story office to a restaurant space on the lower level and an apartment above. Changes to • the building include the entryway, and addition of a deck. • I, PLANNING COMMISSION MINUTES Regular Meeting of January 27, 1986 ITEM 4 (Cont'd:) As indicated in the staff report, there is a General Plan policy that is designed to enhance the possibility of additional commercial development in the Pasadena and Granada area by allowing the applicant to credit the off-site parking spaces to meet the needs of commercial activity. Tally of all the spaces required when the operations are in full use, i.e. both the office and the commercial, is 16 on-site parking spaces. There are some imposing constraints placed on this project; for example, there is to be no separate bark a major problem of restaurants in terms of spillover affects, nor will there be hours of operation past 11 P.M. These constraints mitigate concerns in regard to on-site parking impact. Applicant's Presentation: Ii William Plimpton, RMR Architects, stated that they saw a surplus of office space in Monta Vista and a shortage of support for the tenants and the adjacent community; thus they wished to provide a service to both the community and the existing office tenants. They have no problems with the constraints placed upon the restaurant with the exception of Condition 26. As indicated in the Report, there were made to the restaurant, i.e. orientation of the building on the site and the entry. With these changes, additional diners can be seated on the deck. They requested that the number of outdoor seats be raised from 14 to 20. In response to Cam. Claudy's question, the applicant stated that the As restaurant will not be a fast food operation nor one that encourages night life. It will at open 6:30 A.M. through lunch; initially no dinner will be served. It will be a small, up scale restaurant similar in size and decor to McHart's. There will be no separate bar, though beer and wine will be served with meals. The Public Hearing was then opened. Ms. Ann Anger, Cupertino, stated that the restaurant would be quite an advantage to Monta Vista. Ms. L. M. Toensfeldt, 21640 Fitzgerald Dr., Cupertino, stated she was pleased to see this project but questioned the limited number of staff employed for the size of the restaurant. Mr. Piasecki stated that this was the applicant's request and that planning 1 staff concurred since this project was to be a fairly small restaurant. Crum. Claudy also stated concern and pointed out that with the application stated as such, the applicants lock themselves into 4 employees. The applicant stated that they viewed 4 1 ees as sufficient for any employees given shift and have a surplus of 8\ parking stalls; they are favorable to raising the employee number to 6 and will cover the parking for those employees. I ' MOTION: Cam. Adams moved to close the public hearing. SECOND: Com. Mackenzie • VOTE: Passed 5-0 gaag 9E og aura og sem 4146Teq buTpumq et4 AAiadozd ate 3o aaguac aqg gK 'Eu?PTTnq uTeu ate O . uompe Azogs yuccas p 3o waoJ alp. uT 4aa3 'bs 0099 Me eg gsenbaa p tfTM DER ;set ;Tuned esn p 3o gceCgns eq4 sEM agts oozes atp} gpzp} pagp4s ppeseTd ' w :uoT4equesa zd 33p4s 9861 'E Anagsa 9NIa 2H 'IIDNO0D AIM =AT,w aL u°TgpzpTOea eAT;EbaN :NOIIVNTTn1?T.7Taa 9861 'ST Aagnupr :30 JNLI2I M NOISSINNOD JNIZ N Id MEd G DNIZNOD •sazop 99'T 3o burgstsuoo 1e3x2d euo ogut staazed orng agpptTosuoo oy (S$Iu-6Z) dVE,1 aAIIVINaI 'sbuTPTTnq aoT3;o 1L2c4s-atbuTs burzsTxe oop. 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This is consistent with the General Plan. Conditions limit uses to "office" because of the FAR which preempts commercial usage it f the property. Issues raised in the staff report include primarily the access to Kirwin Lane, the landscape setback on De Anza Blvd., and the condition that the applicant go back to the Architectural Board for details on landscaping materials. On the question of access to Kirwin Lane, the request is made to place Building C in the area that extends from the main area of the property to Kirwin; this would sever the current acs. In the current General Plan, an attempt to provide access \to secondary streets relieves stress on ingress and egress to major bdulevards. In this case, access to Kirwin does not significantly relieve De Anza; there may be a benefit to residents of Kirwin by elimina use of Kixwin from De Anza. The staff feels that the cumulative benefits in reduction of privacy intrusion outweighs the community's objectivg for secondary street access. Applicant's Presentation: Mr. Grjeg Smith, 201 N. 1st St., San Jose, stated that there are two applications, the first being a Tentative Map to merge the two parcels. This is aihousekeeping measure. The second is the Use Permit for expansion. Presently Buildings A and B are in place, a 0 parking lot exists where Buildir C will be. The present buildings have existing setbacks from property lines which pose problems. With regard to the frontage of the property, the completed project on Building A will be over 50 feet rare De Anza Blvd. Some parking spaces are closer than the recommended 35 feet; to offset this, plans call for removal of asphalt and replacement with a large landscaping feature. He then asked the Commission to consider averaging the required frontage setback of 35 feet. Encroachment only applies to the four parking spaces and will be offset by the enlarged landscaping area in front of the main building. Specific details can be worked out with the Architectural Board if conceptual approval is granted by the Commission. In response to Cam. Claudy's question regarding treatment of the street frontage on Kirwin, the applicant and the planning staff have come to an agreement that the proposed buildings will be kept in line with already existing buildings. Mr. Cowan mentioned the possibili \ of a condition requiring deletion of the walkways connecting the building to Kirwin to avoid problems with parking spillover to the residential prtion of Kirwin. The Public Hearing was then opened; these were no speakers. MOTION: Cam. Adams moved to close the public hearing. • SECOND: Cam. Mackenzie VOTE: Passed 5-0 PLANNING CCTnIISSION NIINUTFS Regular Meeting of January 27, 1986 t i • ITEM 5 (Cont'd.) Chr. Szabo restated the issues; doorway locations on building C; the set back on De Anza Blvd.; roof overhang on the south property line; the concept of averaging the required landscape depth. Con. Claudy suggested the condition that there be no doors on the west or south side of building C and elimination of the walkways front Kirwin Lane to the side of the building. He commented on the improvements to the buildings, and is agrccable to the concept of averaging the landscaping. Conn. Adams agreed that this plan is an improvement of the area. He expressed concerns about the treatment of Building C which faces a residential area. Conn. Sorensen was assured that a sound barrier will be installed as required whenever commercial uses abut residential areas. Conn. Adams stated that the trash containers are to be located in the front, along the south wall; the treatment of the enclosure should blend with the landscaping in the front. This issue will be reviewed by ASAC. NOTION: Cann. Sorensen moved to grant a Negative Declaration for Application 48 U-85. SECOND: Cam. Adams VOTE: Passed 5-0 411 MOTION: Con Claudy moved that Application 29-'IM-85 be approved subject to standard Conditions 1-15, Conditions 16 and 17 of the resolution as per the findings and subconclusions of this hearing as stated in the Minutes of January 27, 1986. SECOND: Conn. Sorensen VOTE: Passed 5-0 MOTION: Cann. Claudy moved approval of Application 48-U-85 according to the findings and conclusions stated in the Planning Commission minutes of January 27, 1986, with Standard Conditions 1-15, Condition 16 modified per the map exhibits presented, Conditions 17 and 18, deletion of Condition 19, retention of Conditions 20, 21, 22, Condition 23(e) modified placing the trash enclosure in the southeast corner and 23(d) modified removing the reference to the 35 foot average landscaping depth. Addition of a Condition 24 which limits entrances on Building C to the north and Past side of the building only. Addition of a Condition 25 to eliminate sidewalks front Kirwin Lane to Building C, and to extend the landscaping mound continuously along the frontage. SECOND: Cart. Adams VOTE: Passed 5-0 PLANNING COVEIDISIONIENUTES Regular Meeting of January 27, 1986 ITEM 6 110 Application No(s) . 49-U-85 Applicant: Monta Vista Inn Property Owner Roy Warren, Glen Salmon Location: North side of Peninsula Avenue, approximately 120 feet west of Highway 85 (West Valley Freeway) north of Stevens Creek Boulevard Parcel Area (Acres) : .24 USE PERMIT (49-U-85) To add approximately 720 \ sq. ft. to an existing bar facility and permit live music and dancing. CONTINUED FROM PLANNING CESSION MEETING OF: January 15, 1986 ENVIRONMENTAL DETIIRMINATION: \ Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: February 3, 1986 Staff Presentation: Mr. Piasecki stated that the proposal is to add approximately 500 sq. feet to an existing bar facility known as "Paul and Eddie's." Presently the bar egtals approximately 1730 sq. feet; with the addition, total bar area approximately 2230 sq. feet. An upstairs office component equals 1560 sq. feet. \ Total area 3800 sq. feet, approximately. The project exceeds slightly the net lot area allotment of about 3700 sq. feet. With abandonment of some of the public right of way that extends in front of their site, theywould fall within General Plan guidelines. The application has been modified to delete their request for live music and dancing. This has been the subject of a number of letters to the Commission due to the potential noise and the draw of such entertainment. Currently, there are approximately 32 seats within the facility; the proposal is to add 30 more. The addition would occur in the area between Paul and Eddie's and an existing garage which has already been connected without approved building permits. The staff report lists a number of General Plan-related concerns: the allowable land use in this area and inconsistency with the neighborhood - ccmmercial focus called for in the Stevens Creek Blvd./Monta Vista Plan. The application is also inconsistent with the intent of General Plan policy which indicates that bars should be located in major shopping centers. It has not been demonstrated to the staff's satisfaction that this expansion will not create additional problems. Further concerns center around increased police incidents; the Sheriff's office predicts a higher ratio of incidents if the square footage is increased. Parking fails to meet the technical requirements of the ordinance for this site. Even with the easement format that allows patron parking to spill aver into office parking lots, the applicant cannot assume the right in terms of allowable building area on their property. PLANNING T ISSION MINUTES Regular Meeting of January 27, 1986 ITEM 6 (Coned.') In summary, staff is recommending denial; potential conflicts exist with the General Plan in regard to neighborhood focus and the spirit of General Plan policy relating to late evening activities. Staff feels this application is incompatible with adjacent residential uses, will create higher levels of police incidents, as well as noise, traffic and parking problems. Basically this site is inadequate in size and shape and inadequate in on-site parking. In response to Cam. Sorensen's question, Mr. Piasecki stated that the back section has a pool table and is already in use. In response to Coma Mackenzie's question, Mr. Piasecki stated that the building has been reviewed and the applicant has been notified of the fairly significant changes that would need to be made to bring the proposed building up to code. The current building is exempt. Cam. Claudy questioned the 26 parking spaces required. This is calculated by the number of seats divided by the number 3 and adding the maximim, number of employees per shift. Applicant's Presentation: Mr. Nick Rlipa, Manager, stated he has been a bartender for four years at Paul and Raciie's. There are not six employees on duty at any one time; 1 bartender is on duty. Regarding the potential for traffic• problems, the bar is never full and with the problems associated with people drinking too much and groups opposed to drinking, business has declined in the past year from $23,000 to $16,000 - $17,000 per month. They have seen no increase in business at all. The back room serves as a storage area for empty beer containers which at any given time will be 100-110 cases. The pool table is also there and may be removed since it isn't paying for itself. In regard to neighborhood traffic and overflow problems, the closing of Alhambra Street means that patrons cannot go through the neighborhood anymore; they must go to Stevens Creek and Peninsula and then out. As far as the police reports, the applicant questioned the basis for them. In the four years he has been employed there, there have been approximately 3 incidences in which he was forced to call the police. The applicant stated that it is a neighborhood type of bar and didn't deny that there was never a problem; there are always problems in bars and alcohol affects everyone differently. Being a neighborhood bar, however, patrons take care of each other. With respect to bringing the building up to code, it would take 3-4 days. In response to Cann. Mackenzie's questions, the applicant explained that the building in the back was a storage space with an adjacent fence. The 411 patrons could then go outside to drink. The fence is no longer there. 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MOTION: Cam. Claudy moved to recommend denial of Application 49-U-85 with the findings and subconclusions outlined in the staff reconattiendation. These recommendations adequately address the concerns and issues raised by the Ccmmmission. SECOND: Conn. Sorensen VOTE: Passed 5-0 OLD BUSINESS - None NEW BUSINESS ITEM 7 Report concerning City Council acquisition by eminent domain, 0.64 acres on Stelling Road (lands of Molander) for expansion of Jollyman Park; request for finding by the Planning Commission of consistency with the General Plan. MOTION: Cam. Claudy moved to approve a finding of General Plan consistency as outlined in the staff-recommended Resolution. SECOND: Cam. Adams VOTE: Passed 5-0 110 REPORT OF THE PLANNING COMMISSION Cam. Claudy requested a change in the left turn lane on Homestead Road, heading west to enter the freeway. Cam. Sorensen requested a similar change in the left turn lane on Blaney and Stevens Creek Blvd. going east. Cam. Claudy requested information on the Planning Commission's decision regarding tree protection on the property at southwest corner of Rainbow and Stelling. The trees looked as if bulldozed. Mr. Cowan stated that the bulk of the trees were to be removed; many of them were diseased. REPORT OF THE PLANNING DIRECIOR - None. S PLANNING COMISSIM NINUTFS Regular Meeting of January 27, 1986 f ADJOURNMENT411 By unanimous vote, the Planning mission adjourned at 12:05 A.M. to 7:30 P.M. Monday, February 10, 1986. ' Attested: Dorothy Cornelius, City Clerk Approved by the Planning Commission At the Regular Meeting of February 10, 1986 Nicholas Szabo, Chairman