Loading...
PC 09-22-86CITll OF ClJPERI'rnO, STATE OF CALIFORNIA 10300 Torre Avenue C\lperti.t):.), CA. 95014 (408) 252-4505 MINUI'ES OF 'lliE RfilJIAR MEI:."TING OF THE PI.ANNING OJMMISSION HELD ON SEPI'EMBER 22, 1986 Meetirq Held in the Council Ch.al1'1bers of OJpert.ino City Hall SAliJI'E TO THE FillG: IDLL CALL: Commissioners Present: Chairman Szabo Vice Clainnan Mackenzie Commissioner Maro.s Commissioner Claudy Commissioner Sorenc...en 7:30 P.M. Staff Present: Rabe.rt CcrNan, Director of Plannin;J & Developnvant Steve PiasecJr..i, Assistant Plannin::; Director Travice Whitten, Assistant City EngineP...r Charles Kilian, City Attorney Mark caughey, Associate Planner APfroVAL OF MlliCJI'ES com. Adaing requested the insertion of the following' in t.he Mil1ut.es of September 8, 1986, REFORI' OF THE PIANEING o::tJJMISSION:, 11 -cam. Ad.ams asked how ImlCh the Cit.-y of SUnnyvale .increased the reside.ntial base in the last year or two, and has t.hi~ iricrease been' a sizable one'? · Mr. ~ stated that this was a major focus of the GoldP .. n Triangle effort. Sunnyvale has 250,000 jabs arrl a population of 100,000; in comparison Q.rpe.rt.ino has 35,000 jobs an:l. 38,000 pof>Ulation. Sunnyvale's job/population imbalance is nruch rrore serious than CUpel:t.ino' s. " MOTION: Com. Mackenzie, to approve the Minutes of the Regular Meetirq of September 8, 1986, as am2nded. SECOND: Com. Claudy VOI'E: Passed, Corn. Sorensen abstain~. 4-0 rosTfONT:MENTS OR NE.W AGENDA l'TE11.S : -None WRTITEN <Xl1MUNICATIONS -Letters addressing Application 26-U-86 ackn<Mledged by Chr. Szabo. ORAL a::MMUNICATIONS -None -1- ., ·'i ~·· PI.ANNING <XM1ISSIOO MI.NurES Regular Meeting of Septer.IDer :;;2, 1986 PAGE 2 P::: -502 Q)NS.ENT CALENDAR ITEM 1 Application 29-U-85 (Rav. ) -First BaptiGt Church of eupertino -Minor . modification to a previously approved use parmit to allow the relocation of a house on site. 'Ihe property is located on the west side of Miller Avenue approximately 350 ft. north of At.h.env'ood Avenue. Interpretation of front yard orientation (Al.an Stocklmeir) for property located on ths northeast. comer of Stevens Creek Boulevard am eupertino Road. ITEM 3 Application 16-'IM-85 -Richard Guzman -Interpretation of front yard orientation for a flag lot located off Orline Court, near the intersection of Jollyman Lane an:l Stelling Road. M.JI'ION: Com. Claudy noved to approve the CONSEm' c.AI.Dm1\.R SECX:>ND: Com. Adams VOl"E: Passed. !TIMS REM:NED FRCM OONSENT CAI.ENDAR -None l?UBLIC HEARINGS: ITEM 4 Application No(s) Applicant: Prcperty OWne.r: Location: Parcel Area (AcJ::es) : 14-:1.M-86, 22-U-86 and 20-E.A.-86 Kinst Compa:r:rL _____ _ Same West side of Foothill Boulevard, 150 ft. North of McClellan Road 1.1 gross TENTATIVE MAP ( 14-'IM-8 6) 5-0 To sub:iivide 6 parcels into 10 parce.ls with lot s:i.zes rang~ from 2,soo sq. ft. to 3,700 sq. ft. PI.ANNING CXM1.ISSION MINUI'ES Regular Meeti.n;r of September 22, 1986 PAGE 3 PC -502 ITEM 4 (Cont'd) USE PERMIT (22-\..T-86) To construct a lCl-unit attac.hed sin:;le-family develoi;:anent. FIRS!' HEARil1G o::iNTINUED ENVIm'IMENTAL DI:."'TERMINATION: Nagative Declaration TENTATIVE CITY ro.JNCIL HEARING D.ATE: October 6, 1986 (OONTINUED FRCM PI.ANNING l..U1MISSION MEL:TING OF SEPr.El-lBER 8, 1986) Staff ~tion: Mr. ::?1asecld st:ated that this application was continued fran Septe:mbe.r 8, 1986, in order to addres~l issues of builcli~ mass, privacy impact and parking. Twu of the Commissioners raised concerns regan.tin:J the proposed density in relationship to the ooighborhood. 'Ihe Staff Report acldre.qsed the is...crue of density and the relative floor area ratio (FAR) of this project. Park.in:'] has been resolved by the. inclU.s.fon ·of five gu.eSt spaces with.ID the cent.er common area. '!he issue of privacy impact is complicated and requires further study; a· Cor...ti.tion has been structured allow~ Staff to work with the applicant at the buildin;J pennit stage and evaluate the issue in greater detail. 'Ihf>..re are a number of mitigation IOOaSUreS for privacy impact th.1t can be explored; hcmever, 100% protection of privacy cannot be achieved, nor can the city guarantee such protection. · An aerial view, prepared by the applicant, was presented. In regard to massirg of the buildings, the applicant preparej a cross section cm viewed from Foothill Blvd. ; this cross section W'd.S presented for review by the Co.mm.i.ssion. Mr. Piasecki noted that the builcU.NJ heights were 29 -32 ft., FAR .5; the applicant was asked to sh.00 substantial elements of the roof elements down to minimize apparent :mas...::; of the buildi.rqs. Nonetheless, these structures are continuous two-story buildin:Js. On Noise Analysis, the appli..::'.ant was asked in Conditions of Approval, that the noise barrier (wall) located in the front of units 1 arrl lot 10 be extern.eel alon; the southerly border of lots 1 arrl 2 arrl +.he northerly border of loes 9 an:i 10. In addition, a detailed. noise evaluation at the buildin:;J permit level has been requested. On Tree .i?rotection, the oak in the et-~nter of the property is to be preserved.. 'Ille existin:J Walnuts may be replaced, in necessary. On Te.i1tative Map issue, a map W-dS presented showing the CO!TIIl'On areas; a request was made by Staff to amend the Tentci.tive Map to include these areas. On Guest Parking spaces, Mr. Piasecki suggested a Corrlition providing for use of Guest ParJdng Spaces, enforceable by the HomecMners Association •. . ·~ PLANNING c:M1ISSI0N MTh'Ul'ES Regular Meeting of September 22, 19S6 PAGE 4 PC -502 ITEM 4 (cont'd) l\.pplicant's Pre5ent£tion; Mr. William Kinst stated that they have worked closely with Staff on thi& Application; the applicants have no abjections to proposed requirements. Mr. Kinst noted that Staff suggestions have i.mproved earlier schemes submitted. Scana questions remain in the area of privac..-y ilrpact; dUring the construction phase of this project:, a review of possible privacy impacts will be canpleted. In lots 3 -a, some wiOOows can be omitted an:i additional screening can be provided; a sketch of screen.i.N;J optiOM was provided by Mr. Kinst. However, Redwood trees originally proposed by the applicant are inappropriate due to an e.xte.rrled dripline ard loss of we.stem sunlight in the future; furt:.her evaluation is being done to select alternative trees that will provide fast grc:Mth. 'Ille Public Hearin;J was then opened. There were no speakers. MOTION: cam. Adams moved to close the Public Hearings. SEOJND: Com. Sorensen V01'E: Pru.lsed 5-0 In resp::>nse to Com. Mackenzie's qup..stions, Mr. Piasecki stated that it was his un::lerstan:iing that on-street parkirq was allc:Med on Stevens Canyon/Foothill Blvd. ; he noted that required wideninq of the bou.lavard will 'facilitate on-street park.in]. Mr. Piasecki stated that the Plannin;r Departroont has received no complaints from neighbors concerni.Nj possjble pri V-dcy impacts. · Corn. Mackenzie stated his concern regard.irq the proposed density of this project; hO\.Vever, he noted that neighbors did not appear at the Hearing with concerns about privacy impact. Cam. Claudy noted that privacy intrusion will occur whenever two-story houses abutt each other. He concurred with eom. Mackenzie's concern regarding the density of this project am noted a decrease in buiJ.dirt;1 intensity in the prcposed 1600-1800 sq. ft.' units. earn. Claudy will approve this application since reasonable efforts were made to address the privacy impact issue. Corn. Sorensen stated that review of the minutes of the September 8; 1986, Meeting indicated that the Applicant VJOrked with Staff to address issues of concern. She was initially concerned with the density issue; the commissioner will vote favorably on this Application. cam. Adams stated that he was satisfied with the proposed corditions of Approval am. the presP...ntation by the Applicant. Chr. Szabo conc.:urred, stating that this development, which is not located on prbre residential property, addresses housing nAeds in the City of CUpertino. •. PIJ\NNmG CXl>OCt:SSION MINUTES Regular Meeting of September 22, 1986 PAGE 5 PC -502 MJI'ION: can .. Claudy IOCNOO to recommend approval of Application 14"""1M-86 subject to the findings arrl subconclusions of this Hear.ing an::l the Staff Report, conditions 1-20; o:miltion 21, add a phrase, to read, "'Iha canmon area lot, as shown in the Exhib1t pre.se.nt.ed at the Hearing, shall 0l1CCmlpaSS ••• "; O:>n::'litions 22-25; addition of Condition 26, to read, "'Ihere shall be a con:li.tion in the CCR's that shall restrict the five shared spaces to guest parkin:;J an:i shall not be used to the exclusive benefit of any one resident." SEOOND: o::m. Sorensen vorE: Passed 5-0 M'.JI'ION: can. Claudy iroved to reconunerd approval of .Awlication 22-U-86 subjf'.ct to the firx:lin9s arrl subconclusions of this Hearing per the Staff Report, Corditions 1-30; Con:iition 31 deleted;' a:indition 32 deleted. SECX>ND: can. Sorensen V01'E: Passed 5-0 ITEM 5 Application No(s) ."q;>licant: .t:>rc:perty ONner: IDcation: Parcel Area(Acres) USE PERMIT (26-U-86) 26-U-86 an::l 27,_--=EA:=.=....-=86 __________ _ Robert H. Lee an:i Associates Mobil Oil Campany North.west intersection of Bernardo Avenue an¢l Homestead Road at 21855 Homestead Road To operate a 224 sq. ft. snack shop and to exten::i current operatin;J hours to allow for a 24-hour operation. FIRST HEARING OJNI'INUED ENVIRONMENTAL DErERMJNATION: Negative Declaration TENTATIVE CITY' <XXJNCIL HEARING DM:'E: O:::tober 6, 1986 (CONI'IlruED FRCM 'IliE MEEI'ING OF SEPI'EMBER 8, 1986) staff Presentation: Mr. cooan presented an October 1984 aerial photogra!Xl showing the relationship of the site to adjoin~ OJpP-rtino Junior High School to the north ard. adjoining single-family developlOOnts to the east arrl south. Mr. Cowan stated. tha": on-site parking of m.nnerous cars was th6 secorrlary issue in this application, Applicant requests an expansion of a previously granted Use Permit. to allow 24 hour operation of the service station rurl to allow a convenience store on site. 'Ihe convenience store (snack shop) is currently beir:q operc<ted without a Use Permit. 'I'he 1967 Use approval had few conditions attached; approval of a site plan was por,,,sibly the only approv-dl nee:ie:i. The Usa Permit was :m:dified in 1971; a copy of the Ccirrlitions of Approval was presented to the Corrnnissioners. PI.ANNING Cll>1?-1ISSIQ."J' MINU'I'ES Regular. Meeting of September 22, 1986 PAGE .J ~ -502 ITEM 5 (Cont'd) Staff has reviewed this application; the Sheriff's Department has no particular concerns in regard to a 24 hour operation. Sta!f rocaranen1s approval of the request for a 24 hout' oper<ltion due to the distance of this Bel.Vice station from adjo.inin:J sites. Staff raceivro considerable written testirrony from the School District, PI'A and irxilviduals about the operation of the snack shop at this location. Sheri.ff's Department has re:::eived numerous calls; however, M:r..·. Cowan noted that this site had no more serious difficulties than other convenience stores. In view of testi:m::my :r-eceived by the· Planning Deparboont, Staff did not recommend approval of continued use of the corwenienc.e store. Mr. cowan directed the attention of the Conunissioners to the Fin::lin:}s in the Model Resolution and the Corrl..i.tions proposed by Staff arxi answered technical questions asked by th.:l Corrrmissione.ts. Applicant's F~~ticn: Mr. Joe Wright, Represe.1tative of Mobil Oil corporation, stated that corrlitions of Approval were acceptable with the exception of Corrlition J, Sale of Convenience Items; he asked that the caumission awrr.N'e this i te:m. Mr. Wright stated that Mr. K. Mctiager is an in::lepen::lent franchise dealer, who leases the station from Mobil Oil. 'lhe Ccmpany f~' 3 the snack shop is important because convenience stores : · -Serve a need of the rrotoring public -Provide an additional source of income for franchise dealers In response to Cam. Claudy' s question, Mr. Wright stated that Mobil Oil Corporation .installed the snack shop, purchasing nece...c;sary equipnent and makin;r necessary modifications to the station. Mobil invests this IOClOOY to aid franchise dealers with additional income an:l therefore, the dealer can be more competitive on gasoline prices. Mobil Oil benefits in the sale of lr£)re gasoline. Tne Commissioner noted. that Mobil is familiar with Ordinances which prohibit the installation of snack shops wi~t a pe...."'111it. Mr. wright stated that he could not answer the question raisro regarding Mobil's installation of snack shOJ?8 without proper pennits. Mr. Kamran Moh.ager, Mobil Oil Station franchise dealer, stated he· was very son:y to read letters submitted on thls Application. In response to the question on the m.nn1::e.r of cars parked at the Station, he stated that he has 4 -5 contracts with local car dealerships in Sunnyvale a:rrl CUpertino. As a licensed station in the state of California, he can provide ruquired SlOCXJ certificates and safety chec.k.s for used · rs; sometimes there are 50 cars at the station. He stated that he cun-enc.ly has a lease for a second station in Sunnyvale; some of the business will be transferre:i to ·this station. Pictures of tl1e station were presented. Mr. Moh.ager stated that heavy repairs are not made and cannot be done outside. .. PIAN'.NDJ3 CXl'1MISSION MINUTES Regular Meetin:;J of September 22, 1986 PAGE 7 ~ -502 ITEM 5 (Cont't) With regard to students at the junior high school, Mr. Mohagar stated that he is part of the cdmmur1ity and wishes to help the school district with respect to the students. He fu..lght the station in April of 1985 and did not know that permits we.re required for the operation of a snack shop. Mr. Mcbager contacted the school priooipa..l within a few weeks of operati<;m of the station to express concern rega.r.dirg the bP..havior of students and .to ask for help. He was told that the school could do not:h:i.n:J unless Mr. Moh.ager stated in a letter that the students are banned fran the station; in which case the b-.."'"'hool ~lld enforce the prohibition. Mr .• Mchager stated that community members did not offer help nor did they came to discus.c; the sit.-uation with him. As a parent of three Children, he is concaned about their welfare; he a.ssurOO the Commission and the audience that this station does not dispanse drugs to the students. He cited an example of a parent's request for his help; when suspicicus characters came by the station, he c.alloo the police. At the openin:J of the school year, he rerroved the public ~ since students refused to l&:lve the property citing' their right to use the public J;'.lhone. He posted "No loitering" signs. Mr. Mohage.r stated that he does not see the problems anymore. 'lhe snack shop concentrates on adult types of items ncM. In response to Com. MaC'..kenzie' s question, Mr. Mohager gave the staffin;J schedule of the station. Ccan. Adams requE>.sted an answer to the question of Com. Clau.:ty asked earlier in the Hearing; Mr. Bardet came forward. Mr. Tarn Bard.et, Mobil oil Real Estate Department, stated that it was probably his :t."eSponsibility that a snack shop was installed. in t.his station when Mobil Oil knew the Cit..y of CUpe.rtino required use permits. He stated that his territory exten:ls from Bakersfield to the C'.anadian border, the company has had staff turnover an:l. Mr. Wright has only had the CUpertino area for about six m:mths. While he is very much aware of the requirement for Use Permits, in this case, no one asked him. He knew of this situation only after the fact. In response to Com • .A.dams' question, whether the station was leased to Mr. Moh.ager with the un:ierstarxiing that snack shop was part of the operation, Mr. Bard.et state:i that he .is not involved in the franchise operations. He deals with real estate. 'Ihe people involved with franch.i..c;e operations at that time have since left the company or been transferred to other areas. Mr. Bardet noted that the company has a canurunication problem am. apologized to the City of CU:pertino on behalf of Mobil Oil Company. · In :response to com. Ma.Ckenzie's question, Mr. Ba:rdet stated that the snack shop was installed. in perhaps, late 1983 or e..arly 1984. PI.ANNING C01MISSION MINllI'ES Regular Meeting of September 22, 1986 PAGE 8 ~ -502 ITEM 5 (Cont'd) Mr. Mike 'Ihomas, 1055 Belleville, Sunnyvale stc•_ect t.hat the station: -is open until 11:00 -12:00 P.M. -is maintained by younger staff during the evenirq hours -has teenagers who are yelling arrl shouting -allows employees to use heavy equiprrent on the cars -has major :r.epair work, brake jobs, engines to be re.movoo from cars, in the parking lot -sets up canopies to do tune ups or service in the parking lot -ha.c;; inoperable cars on the premises -service arrl safety are questionable Mr. 'Ihomas was not in favor of a 24 hour operation; ha had no carmtlEl.nt on the snack shop operation. Mr. Steve Parker, Principle, CUpe.rtino Junior High School, noted t.hat he had sul:anitted. a 'letter to the Pl~ Ccrmni.ssion arrl made himself available to answer questions. In response to com. Claudy's question, Mr. Parker stat.Erl that state laws holds schools responsible for children caninJ arrl leaving school. 'Iha school could make the station off-limits. to the students. In response to cam. AdanlS question, Mr. Parker stated that he has seen, arrl counted., 100-150 student s~ in line for the snack shop. !hey are not beil-q supe:i;vi.sOO. In n>-Spbnse to Corn. Sorensen's question, Mr. Parker confirmed that a lot of students are loitering along Bernardo Ave.; this is an infonna.l meeting place for students where they can sn~Jre. In re..qponse to cam. Adam's question, he stated. that there is a retaining wall that students use to sit on. Tras.'1. is diSJ:)OSed of be.h:i.ni the retaining wall. Mr. Parker stated that the station is attractive to students; hQwever, he has no knCMledge that anyone in the station has ever sold drugs to the students. He has received reports from students that drugs were f'..Old to students by pec.iple driving up to the station. In response to cam. Claud.y's question, Mr. Parker questioned whether many students wait for the bus at this location. He noted, in response to cam. Sorensen's question, that the principal at West Valley Elementry School has expressed concern also regarding this location. Ms. Jean Babb, President, C'upe.rtino Junior High School PI'A, drew attention to a letter written to the Commission an:i presented pictures of the station. She stated that there have been other problems with the Mobil Station prior to ownership by 1"'.r. l1a..11a.ger, such as a request for a liquor license. In response to Com. Claudy's question, Ms. Babb stated that it is the responsibility of all of the comnn..mity to keep students on the carrpus durL"'lCJ school hours. She stated that the caumun.it~/ can reasonably expect that a local business O'Wrler will not sell items to students during the school hours and ask students to leave the premises during these hours. PI.ANNlliG CXM1ISSIOO MINUI'ES Regular Meeting of September 22, 1986 PAGE 9 PC -502 ITEM 5 (Cont'd) Mr. David Ba.tnett, 1038 w. Hane.stead Rd., sunnyvale, stated that there are several concerns: -lack of parki.rq in front of their haroos. Joggers usirq too track an::l service station enployees are using on-street parking. He objects to enplO'Jee on-street parking -24 hour snack shop will attract the student.s arrl the chance for a confrontation between them will increase. Whatever i.s done to avoid thJs should be done. -24 hour ope.ration of the gasoline statior.. He questioned the need for this if the service station is reducing contract work; costs of a 24 hour operation can hardly be met by customers buyim gas during the night. Mr. cowan noted that the staff Report suggests that gasoline sales be allowed an a 24 hour basis; repair se.IVice activity would stop at 11:00 P.M. Mr. Hall Nelson, 1666 Belleville Way, SUnnyVale, questioned whether M:lbil oil Corporation was having a carrammication problem or contempt for the law an:i the Zoni.rg ordinances of the City. He cited several convenience stores in the area. Mr. Nelson counted 62 cars at one co.mtirq; this evening there were 51 cars parked, of which 8 are inoperable. 'lhis station looks Irore like a wrecking yard than a carmm.mity gas station an::l is a public nuisance. Mr. Mohager challenged some of the statements made. He presented the ·new lease for the SUnnyvale location to de:roc>nstrate that he is takirq ~ps to correct the situation; havever, it will take 4-5 ronths to c:anplete the cllan:Jes. He offered to cooperatn with the cornmuni. ty to correct this situation. Mr. 2'.ohager stated that closing the snack shop is not tile cure. Ms. Anne McMullen, 1038 W. Homestead Rd., Sunnyvale, substantiated. the corranents of Mr. Barnett on parking. She is strongly opposed. to the 24 hour operation arrl is concerned about the possibility of drugs at thiEI location. MJI'ION: SEOJND: VOTE: cam. M'.:.ckenzie m::wed to close the Publi~~ Hearing. cam. Sorensen Passed 5-0 Com. Mackenzie stated that the burden of proof that this application will not be a deterrent to the neighborhood is borne by the Applicant; the burden of proof h~,.., not been rret. 'Ille C.omrn.issioner does not see a serious problem with a 24 hour operation with the conditions suggested by staff a:OO the li."llitation of automobile maintenance activities to lO:GO P.M. He was not favorable to the snack shop. C.armn.issioner Sorensen conc . .irred. PI.ANNING cn1N.ISSION MI.NUrES ~ar Meeting of September 22, 1986 p~ 10 PC -502 ITEM 5 (Cont'd) cem. Adams noted that this service station was do~ major ~utomotive repair; cam. Mackenzie noted Approved Uses in the Model Resolution which prohibit such heavy duty work. Com. Sorensen stated that the Public Heari..rq allotted Mr. Mohagar an opportunity to be heard and for him to hear the concer.ns of the community. can. Claudy questioned whether this. was a school problem or. a sei:vice station problem; \l{hich situation. influences the other. 'Ihe tASe of the service station as an adjunct to a car dealership for mechanical repair does not meet the intent of the Commission. 'Ihe Cottunissioner cited several schools that are surroun::iOO. by neighborhoods; this nelghborhocd is unique in that it is cut through by a rrajor freeway off ramp. Chr. Szabo stated that it is the responsibility of the Commission to safeguard the community; the Mobil Station owner also has rights, but only the right to operate t.hP service station. The Chairman stated that the station with a snack shop is an attractive nuisance; he will not vote in favor of the snack shop operation. He asked that the City enforce the use as a ser1ice station. Com. Mackenzie requested that COn:.iition 3 be rrodified, limiting the rn.nnber of vending machines; Mr. Kilian suggested that a policy be adopted City wide if the Cormnission wished to limit the mm'lber of ve.rrling mac.hines in service stations, rather than place this corrlition on one station only. consensus reached that ven:ling Iiiac.hines be located in the office area only. MOTION: cam. Mackenzie moverl to grant a N<;;!gative Declaration for Application 26-U-86. SECOND: cam. Sorensen VOI'E: Passed 5-0 MJ1'ION: Com. Mackenzie :moved to recammend approval of Application 26-U-86 subject to the finclings of the Staff Report an:l the conclusions of thi.s Hearir1g, Corrli tions 1-2 ; corrli tion 3 , delete the word building to read, "Ve.rrling ma.chines are pennitted, but must be locat.00 inside the office area."; Co:rrlition 4, delete the time 11:00 P.M. to read, "Autam::ibile maintenance activiti.e:::i may only be conducted. between 7:00 A.M. arrl 10:00 P.M.11 ; Corrlitions 5-11. SECOND: com. Soren.sen VOTE: Passerl 5-0 ·• •.' PI.ANNING a::t1MISSION MINUITS Ra;Jular Meeting of September 22, 1986 PAGE 11 ~ -502 ITEM 6 Application No(s) Applicant: Property Owner: I.ocation: Parcel Area (Acn:'!S) : USE PERMIT (28-U-86) To construct a new park.i.n;J lot with approximately 45 spao?..s in an existLT):] COIIllOOrCial district. FIRST HEARING OONTilIDED ENVIlONMENTAL DEI'ERMINATION: Negative Declaration TENTATIVE CITY' CXXJNCIL HEARING DATE: Octal::er 6, 1986 (CONTJNUED FRCM 'IHE MEETING OF SEPID1BER 8, 1986) Statf__Presentation: Mr. caugtiey called attention to a mistake in .the enclosures, whim re.fleets an error in the fili.rq system. 'ltia rorrect Resolution 2697, concerned recent approval by the Commission to expaOO. the ne.arby Fontana's Restaurant Site. Tnis infonnation was included for backgrourrl purposes. An aerial photograph was presented. for review. The recent noving of the old MontgOIOOJ:y Place :left• an open space; ,the applicant inten.is to use this space as a parkin:J lot netting an additional 36 stalls. The Staff Rc~p:>rt noted two issues: the foreiroSt concerri is the pres&Vation of two specilren trees located on the site. '.lll.e Report of Barrie Coate, Horticultural Consultant was noted. 'Ihe Live Oak Tree is off-site arrl not clira.."1"..ly affected by this use pennit application. 'Ihis tree is in deteriorating con:iition arrl will likely have to be rert¥J11ed in the estimation of Mr. Coate. The secon:i tree in question, the Blue Atlas Cedar, in exc::ellent condition, is not affe<...'ted directly by the application. '!he third tree. of IOC>st concP.-rn to Staff, :i.s a coast Live oak. T.hB arborist report does not directly address the i:inpact of p:roviding·a pavement cover be.neath the dripli.ne per.irooter of the tree. Staff suggested an ame.ndroont to Con:lition 5 of the Mbde1 Resolution which all~ for modification of the site plan if necess--:iry to prese:rve the tree. 'Ihe secon:i issue, a minor one 1 c.oncerns linkage of the proposed parkin:J area to the existing circulation system west of the site. The intent of the applicant is that the new parking area is to benefit both the commE>.rcial centers arrl the restaurants congregated in this part of crossroads. To minimize anticipated vehicle conflicts, Staff suggested changinJ the proposed one way isle to a two way isle; this results .in the loss of one parking space. staff reco:mmen::led approval of t: . application with an amended Condition 5 an:1 other conditions as appear i;,, tlle Model Resolution. -~ e PI.ANNING a:MMISSION MINUI'F.S Regular Meeting of September 22, 1986 PAGE 12 PC -502 ITEM 6 (cont'd) jjp,Qlicant's Presentation; Mr. Michael Horton, Architect, stated that he did not have prior notice of the amen::l:ment to the tree prese:r:vation corrlition; the applicant will accept corrlitions reconmxm:ied by Staff. He asked when the applicants should provide necessary inf onnation regard.in;J the Tree Preservation; Mr. cowan stated that the information should be available prior to issuance of pe.nnit to begin construction. 'Ihe AWlicant will hire the consultant; construction plans can be drawn from any recanmerrlations made by the consult.ant. 'Ihe Applicant was amenable to this approac.h. In response to Com. Claudy's questi.on, Mr. Horton stated that· in regard to the ''wall construction" mentioru:d in Mr. coate•s Report, Tree 3, there is n::> wall to be buHt. He has bean unable to contact Mr. Coate to discuss this comment; a radial waterin:J system fo::-the trees would also be discussed with hiln. 'Iha Public Hearin:J was then opened. Ms. Kay McMillan, 20775 Scofield Dr., CUpertino, stated th.at the tree in question is very important to th~ neighborhood. She noted that the oak trees in the oaks Shopping center are alnPst gone; she wishl?'..s to see this sped.men tree protected. She suggested an alternative area for the lan:lscapin; planned. Dr. Tam ~lish, 20771 Scofield Dr., cupertino, coocurred with the above comments an.:l re'"'IUElSted that before this action taJ.c.es place, iroproven¥3nts premised a year ago would be i.rrplemented: -building of a fence to protect the property on Scofield Dr. -m:dification of the lighting, dimming lights in the even.U):J hours He suggested that the application be made contingent upon the honoring of agreements made a year ago. Mr. Cowan stated that Dr. ~lish was referring to the parking lot restripping plan; the applicants have a two year period to implement the Use Permit arrl have chosen not to begin work yet. Mr. Horton stated that these c\ctions are being reviewed by the Buildin:3 Department, and that pennits are actively sought for this work. cam. Mackenzie noted that the application does not in:iicate whether additional lights are included; Mr. O::Man state::l that the Traffic E:n';ineer will review this application to insure that any requested lighting is conpat~ble with City standards. In the opinion of Mr. Cowan, lighting of the commercial area in quest:i.on is sufficiently rem:::Ned fram adjoining residential are.a. Mr. M. Scher, Attorney for the property owner, stated that the owner has every intention of complying with previously-imposed requirements; an 8 ft. \all will be built the length of the property to protect neighborhood privacy. eom. Claudy challenged the above statement, saying that the wall is required by the city of cupertino and will have the effect of protec..ting the neighborh.:xx:l. '- PI.ANNING C01MISSION MilDTE.S Regular Mooting of September 22, PAGE 13 PC -502 ITEM 6 (Cont'd) 1986 Mr. Wess Fhillips, 20739 Scofield Dr., OJpertino, requested information on elevation difference arrl access between the parking area arrl remai.nil-q property; he asked if wheelchair ramps will be installed. He stated that in the spring arrl summer this area is used as a play area an:i drag racing area; installation of ramps will encourage skateboarding. Staff explained that the grade differential is approximately 30 11 an:i that no ramps are inten::led. He cautioned the Commission regarding paving within too close a distance to trees, causing tn.es to die. Mr. Jim Martin, 10325 Plllln Tree lane, CUpertino, commented that the parking ~~ition will be an :in'proveioont to this shopping center. IDr.ION: Com. Claudy rroved to close the Public Hearing. SEOJND: COtii. Adams VOI'E: Passed 5-0 can. Claudy stated that diagrams presented arrl the report of the Horticulturist do not align with eacl;l other. 'Iha parkitXJ lot has been designed withoot regard to the trees; these trees are same of the IOC>rs significant trees alor.g Stevens Creek Blvd. He stated that the plan was totally inadequate to protect the trees. Mr. Cowan stated that Staff has suggested that the applicant do additional work to equate the proposed· parking plan to the con:Ution of the trees. The Commissioner stated that the 'tl'-u:ee areas of parking are isolated from each other; he opposes arq plan that inadequately preserves the trees. Most attempts to preserve trees in the City have been inadequate. Corn. Adams concurred am a::J~ if the applicant had considered placing the lan:lscaping area aroond the trees 2 ard 3 in question. earn. Claudy noted that the lan::ls<"-...aped area has been Sf't aside for future expansion of the Marie Calen:lars restaurant. MJI'ION: Corn. Claudy :rroved to reopen the Public Hearing SECOND: Cam. Adams VOI'E ~ Passed 5-0 Mr. Horton stated that the awlicants will do evelything possible to save the trees; hcwever, they requested any action to be taken will be done . iO promptly due to the on camin:1 rainy season. Mr. Ted Riplinger, 20821 Scofield Dr., Cupertino, stated that if the tree is to be saved, Cam. Claudy's suggestion of a 30 ft. protective radius arourrl the tree is necessary. Mr. Jim McMillan, 20775 Scofleld i)r,, OJpe.rtino, suggested that the larrlscaped area be placed arounJ. tree 3. PI.ANNING c:n!MISSION MINUI'ES Regular M~t:i.rq of September 22, 1986 PAGE 14 ~ -502 ITllf 6 (Cont'd) IDI'ION: cam. Mackenzie movoo to close the Public Hearing SEO:>ND: Com. Claudy VOI'.E: Passed 5-0 M::1I'ION: cam. Claudy moved to gr.ant a Negative Declaration on Application 28-U-86. SEO:>ND: Com. Adams VOI'.E: Passed 5-0 IDI'ION: cam. Claudy moved to recommend approval of AJ;:plication 28·-U-e6 subject to the fin::li.ngs and subcor.clusions of the Hearirq a.rd the Staff Report, Corrlitions 1-4; Corrlition 5 mxlifiro to include the additional paragraph, to read, "AclcUtional measures to ensure. long term sw:vival of said specimens may be required prior to issuance of. a grddim permit, includirq but not limited to deletion of parking spao.~ beneath the tree canopy, elimination of vehicle IOCJVe:ments within the dripline perimeter a.rd use of specialized pavement textures."; Conditions 6-8; addition of a Con:iltion 9 to read, "A final construction plan be sul:mi:tted to the Planning Commis3ion for ultimate approval to ensure, to the satisfaction of the Plannin:] Commission, the protection of t..he trees.•• SECOND: Com. Mackenzie VOTE: Passed 5-0 cam. Claudy requested a Minute Order oo sent to the City C.a.incil stating that the reason the Planning Commission requested further review of this application is that the plan as submitted is not adequate to protect the trees. MJI'ION: SEC'.JND: VOI'E: Com. Claudy nuved to serrl a Minute Order to the Ci"t:l• Counc.il cam. Mackenzie Passed 5-0 Break: 9:15-9:25 P.M. CID BUSINESS -None NEW BJSrnESS ITEM 7 . -Modification of the review prcx.::ess for the Homestead Squc>re Shopping Ce.nter. Staff Presentation: Mr. Piasecid. stated that the Homestead' Square Shopping Center v;as zoned in 1977; the Planning Commission raised the concern of a requirement of a Use Permit for change of use. 1 'IANN'llC W1MISSION MINUl'ES Regular Meeti.rq of September 22 1 1986 PAGE 15 FC -502 ITEM 7 (Cont'd) Mr. Piasecki reviewed the prcx;ess and the cost cf abtai.nin:j Use Permits arxi called attention to the Staff Report. Staff recormoonds that the process be expedited by an administrative approval of routine change$ in use. A Minute order was subrnitt.Erl for consideration by the Commission. MJI'ION: Can. Claudy moved to serrl a Minute Ol:Ue.r to the City CO\mcil as proposed by the Staff, SEa:tID: cam. Adams VOI'E: Passed 5-0 ITEM 8 -Discussion concerni.n;:J the Planned Develoµnp..nt rezonin;J for sll'¥;Jle family .detached di:welo.i;m-ient. ~f Presentation: Mr. Cowan stated that the purpose of this Item ls to allow discussion by the c.armnission of single family deta.c:h.00. developments in Planned L'eVelopmf' .... "'lt zoning. '!here are two concerns: -oversized residential structures on lots -lack of ocmoon open spaces in developnents can. Mackenzie camroonted. that with reference to the General Plan, the City has density levels which prope......-ty owners interpret at the upper errl of the level; there needs to be n detennination regarding which end of the spe::tnnn the commission is operating from. '.there is not an inherent right to build at the upper end. cf the density level. can. Claudy cuncurred arrl stated that there is not an inherent obligat'!..on to build at the lower en:i. Factors such as build.in:r fonn, size of lot, · shape and location of property must be 'Weighed. Planned development does not necessarily require small lots; larger lots with special corilltions may qualify for planned develor.:.nuent and may not need carmoon open spaces. 'll1.e C.ammissioner notej that some a,.mers may not want the responsibilities a.rd burden;:; of co.rmron open spaces; they may wish the single detached home. 'Ihe problem is too large a build..iJ)'.J fonn on a small lot. cam. Mackenzie noted that the problem is the mechanism used to review applications. Mr. cowan stated that applic.mts are told by Staff that the issue of neighborhood compatibility is of importance to the Planning Commission; this also applies to level of density stan:lard used in the neighborhood. Orr. Szabo stated. that as the density level 1l10V'es t.or.vard the upper en:l of the levrel, he would like to reduce the number of detached units to maximize the feelin;J of open spaee; preservation of open spaces see:zn consistent with camrrn.mity c.haract..<:!r. PI.ANNING ct:MMISSION MlNUl"ES Regular Meeting of September 22, 1986 PAGE 16 PC -502 rr.EM 8 Cont'd) Mr. Ricl°'..ard Olildress, 22025 Regnart. Rd., Olpertino, shared his experiences: -Request in the mark&t for smaller lots. 'lhe.re is a significant shift to less yard space with ad:liticnal space in the house -Density levels; property owners wish to place the max.inrum mnnber of houses possible on a parcel of lam. Property buyei.""S have an inflated estimate of the number of units possible. -The :market for te1Nlihouses and condominiums is not strorY;J in the Bay are,a at this ti:me; single family uni.ts are highly dezirable. Mr. Childress knCMS of 4200 sq. ft. lots with single family units. He cited the duets being built on Stelling Rd. which are selling well and cost the ,buyer $60,000-$70,000 difference for a few hundred square foot difference; housing costs are relatively low, it is the lan::l cost t.hat escalates the price. can. Adams state:i that he does not wish to see the density rcm;re chan;OO.; he noted that in many areas the 5-10 density level range se?.Ves as a buffer to commercial or to higher density than single family units. Mr. cowan asked for direction on the following issues: l. Floor Area Ratio (FAR) for residential sb:uctures and other Planned Use Developments 2. Hi.gher density projects to include more private space, rather than i:::ommon or public space Mr. Piesecki stated that the FAR approach is easily un::lerstood arrl widely accepted; anothe.r" approach is 'the use of perfonnananC"..e standards. 'Ihe upper end of the density range expects a certain amount of larrlscaping, etc. cam. Mackenzie stated that he feels that the larger the parcel of. land is, the more intensity of development that can be done alrl look right. Ho suggested that with larger pieces of land, t.he owner could aggregate pieces of land, parkin:J, etc. Mr. Cowan cited several cities that have considered or are considering the FAR approach; he stated that this approach has been, at tim':>.s, very controversial. Mr. Childress questioned th2 purpose of an FAR ratio arrl stated that the FAR roay not accorrq;:>lish the goals of the Commission, since maximum yield of lots from a parcel of land will be regµested. Fram hio stan::lpoint, he opposes the FAR approach. In response to ctir. Szabo 1 s camment that very large houses are beit"B built on small lots, Mr. Childress state.Cl that if setbacks are adequate arrl if Planned Developments arE'\ reviewed be.fore building, the Commission has control. Com. Adams concurred with Mr. Childress and st".ated that the policy an:::1 procedure of ...... 1e City to revi8""' applications as they ace presented has worked well. Com. Claudy, while noting that the process is CUl11bersome at times, it may be the fairest approach. com. Sorensen noted that a dete.nni.ning factor is what the market will bear at any given point in time. • ·. e. • P!.t\t-.'!-.,.IN3 co:.:r:::ssrc:r !·::r; :t;T.::.S RecjUla::-?-:eeti..'ig of Scpte:.:-.l::x;r 22, 1986 PAGE 17 FC -502 ITI: ! 3 ( C;;::t. 'd) C..~. S::c:L..-.,o as}:.ed ::or co:~Q..""'.S~ ---'°d~3 Cc~~.1_:_ssic~1. Cc:a .. Clat.:.dy s~t.crl ::...,"""3t ::is prcf:e~.-e.."ca is t..t-iilt at the n.::.c;:·.e:r c:..~::l of tl:.c 5-10 dc.."1.Sity h:ycl, "'d'.0.re ;;.a sc::te fc:.:::1 o= cll:s~erir..g c:i. ~~c l):CO::f....(:;~~y, i.e., d~ets, tc:·rr.hc·...:.:.e, t.J.1.re.e. . ~1.:.ts, zero let li: . .:? co:-iccp<;;.. C:.L:. S:al::o co:i.ci.:.:-ro:l with the C::x:;ve. Co;n. ;.~"':".s aske:::i "w!1e.'1 t.!10 0J1_'.)8rtb.o l-.1.lto P~s Store, r.ow vaca.'i-c, will be to::::i. dc· ... ':'l.; =·~. Crn·1c:..,., st.atc:ci. t..1-:at C:ovelq:ers of rl;,e '~uildi..-;s-to which t.~·3 oo:--.d~-:i.cr1 :Eor re:-.oval cf t."1e auto ~i...S stet~ d. at+-....ad:ed. ci:J not ha vb t:-.e tt.:.ildir.g pe:c:-.it y.:::.'!:.. At prcse."it tl'.ay a.r :ii:.g s~e grading a."d pt.:.c~ir:.g ~or.:-.s in . .... Cc::\. !·'..=.c..l.::.enzic asked i:: ar.y prcgress l:as bee!l made o:i. the 7-ll site 'on · ·· 3'.Jdd ?.d.; ~._.aff no-:.c<l repcatE:d. delays by the applica'1t. :.zr. C~·1an statE.d t.."':.at he· has a list· of ~7'pc.."1Cling Cod.e violations which t.'l.e Coi.mcj,], revie.•,;s en a rr.:.:ir:t.l".ly· basis. T::cre may be revocation hea.::~gs on so::;-.e of these a~?licatio;-.s. Report s\lb::'.ittE.d. ~r. ae!diticn, Hrittc.-i Pl arm::.~ Ds~.snt is in the process o:: report c:. City se...vvicc st.3.tior..s for review by I;1.r, Co•,ran sta.ted that the prq:.aring a complete scii.tus the Ccn::nissicr •• . . . . Ec.:.ring cor:clude::l its busbcss, the PlarM'1ir.g CC::-:::n .. '..ssion c:.djo~.cd at 10: 4t, P.!·1. to the r.e.: ... t Regular ~·=CBti:".g o: 0.::+.:.ol:.er 13, 1936 a.7. 7:30 P.H. ATTEST: /' !... / . -~ // / '( '· . ___ £1,..._'-'--/-~ .,._ .. ~·c...f'_·· -//+-)/_. -.. ·_· _ _.(...;!;_-,·_·...;· ,_. __ "'. ~·;· Dorothy Corneliul, City Clerk I APPROVED by the Planning Commission at 'Dl~LJ~J~~?tobet 13, Nicholas Szabo, Chairman 1986: