PC 11-24-86CITY OF aJPERl1INO I STATE OF CALIFORNIA 10300 Torre Avenue CUpertino, CA. 95014
(408) 252-4505
MINUI'ES OF 'IRE Rm.TI.AR MEJ:."TING OF 'IHE PIANNING a:.t'1MISSIW
HEID 00 NOVEMBER 24 I 1986
Meet.in) Held in the ca.In::il 01ambers of CUpertino City Hall
: '\"
SAI.11l'E 'IO 'IHE FI.JIG; 7:30 P.M.
ROIL CAIL:
Commissioners Present: Chairman Szabo caami ssioner .Malns camil ssioner Claudy camnissioner sorensen
Staff Present: Rd:Ert Ct.:Man, Di.rector of Plannin;J & Develcpnent
st.eve Piasecki, Assistant Plannin;J D.irec'"...or Glenn Grigg, Traffic Engineer
PeqJY M. Cocker, Attorney
APPROVAL OF 1'llNl1l'ES
.MDI'ION: can. Sorensen, to ai;:prove the Minut:es of the Regular Meeting of November 10, 1986, as subnitted. ·
SECDND: Cc:an. l\dams
VOTE: Passed 5-0
POSTR:>NEMENIS OR NE.W AGENDA ITEMS:
· -Hr. eowan state:l that ha wished to present a procedural issue involvin;J
the Applicatian of Marriott Hotel in Report of the Planning Director .•
-1. Discussion by City Clerk re;ard.i.n:J amendments to the Bram Act •
. _city Clerk .. oorothy Cornelius presented the Report on the Bram Act a11d "reviewed si;ecific points of interest. She called attention to the fact that nost c:haDjes are ~t staff level; , hc:Mever, the Commissioners will be
affected in that if an r+-..em is not specifically listed on the Meetin:f
Agenda, action cannot be taken. Ms. Corr.elius answered questions
addressed by the OTmni ssion.
WRI'ITEN a:t<IMCJNICATIONS
-arr. Szabo ack:ncMl00qed receipt of letters addressing the Vallco Ice Skating Rink which will be discussed at a future Planning Commission Meetinq.
PI.ANNING o::MMI.SSIOO' MillUI'FS Regular Meeting of November 24, 1986
PAGE 2
l?C -506
CONS.ENI' CAI.D-IDAR
-None
FUBLIC HEARrnGS:
IT.EN 2
~ Application No(s) Afplicant: Property owner: location:
Parcel Area (Act-es) :
~ (7-Z-86)
7-Z-86
Amenjment to the existi.n; P (Planned Develcpne:nt with Recreation, Entertainment Limitoo camnercial) to consider ~ to oon:iitiors of approval relating to allowed uses arrl review procedures.
FIRST HEARING
~ DEI'ERMlNATION: categorically Exa!¢
TENTATIVE CTT'l CUJNCIL HEARING D.<\TE: December 9, 1986
Staff Presentation: Mr. cowan stated that this amerrlment is the result of
the concem of the c.ammission :-:eg-d!.'d:l.n] procedures necesc-.ary in filin; Applications by Hanestead Shq;.'pir.g Center. A map outli.n.in:.J prcpo.:r:ties was presented. 'Iha Resolut.i.on sul:mitted would allCM awrovai by Staff of certain recreational activities, and require Use Pe.nn:i.t At;:plication for
other Uses.
'Iha effect of this action wc:W.d be to c.lelete the requ.i.rement for Use Pentd.t AJ.:plications for each an:i eNery tenant change. He pr 'aented a Revised Corrlitions of Approval; tile rc..tVision added a paragraph stating that Staff cculd approve Uses listed in 16 A.1. ar.d require Use Pennit
review for Uses listed in 16 A. 2.
e
PIANNlNG o::Mm:SION MilIDI'ES
Regular Meeting of November 24, 1986
PAGE 3
PC -506
ITEM 2 (Cont'd)
/. ~.·-~
Ol.r.Szabo, camnjssioners Adams an:l Claudy questioned the recreational requ.i..renent of this Use Fermit an:l noted that the Han&stead Shopping
Center is not recreation oriented in the usual sense of the tel'lD.. Consensus reached to acx:ept the staff Resolution at this time rather than
make changes in the recreational Use requirement. for the Shoppirq Center.
'Iha Public Hearin:] was opened. 'lhere ~ no speakers.
Mn"ION: can. Claudy moved to close the Public Hearing.
SEOJND: Com. .Adams
vorE: Passed 4-0
M:Yl"ION: Com. Claudy l'OOl/ed to approve Ar;:plication 7-Z-86 per Revised staff Report subject to f:in:ii.rgs and suboonclusions of this I-Iear.ing.
SECOND: can. Sorensen
VOI'E: Passed 4-0
ITEM 3
.Application No ( s) =34..._=U-"'--..,,8.x.6_,an:l=._3=3._--=FA,...-_,B"'-"t,,c...-_______ _
Applicant: Q,pert.ino Library -§gnta Cl~ ca..tnty
~=es-=-------~------~--Property OWner: Olpe.rt.inc uni9n St:hool District. Location: Eaton School, southeast comgr Qf SUisun Drive
arrl Fara.llone Drive
Parcel A:rea(Acres): l~.4 acres
USE PEEMIT (34-U-86) To operate a temporary public l.ibra:cy equallirq approximately 3,400 sq. ft. wit.hin Eaton School while the e.xistin:J CUpert.ino Library is remode.1.ed. . .
FIRST HEARmG ENVIRONMENTAL DETERMINATION: Negative Declaration ***PIJ\NN.ING o::M-1ISSION ACI'ION FnU\L UNLESS APPEAI.ED***
§taff Presentation: Mr. Piasecld. reviewed the need of CUpert.ino Library for terap:muy space during rem:xlellirq of the facility; a Use Permit is requested to lease the Eaton SC'.hool lml1 ti-p.u.1XX>0 roan. He reviewed
Con:litions of tile Use Permit an:l presented a diagram of the adjacent area. He stated that the present CUpe.rtino Library is approximately
24,000 sq. ft. of which 14,000 sq. ft. is set aside for p..lblic access; the temporary library will be scaled down to 3,400 sq. ft. Of 'Which 3,000 sq,
ft. will be available for public access.
'!he two issues are traffic ani parkin:::j. A Traffic SUmmary Table was presented; an expected 320 trips per day is approxilnately 20-22% of current traffic generation. 'Ibe e.stimat.ed 320 trips per day for the library represents an 10-30% .increase in traffic for the neighborhood.
! '
PI.ANNING Cll'1MISSION MINUI'ES Regular Meetin:] of NC'lVember 24, 1986
PI\GE 4 R: -506
ITEM 3 (cont 1 d)
.,.
Mr. Pii:lsecki called attention to tha Plannin;J camni.ssion 1 s Policy on use of school sites. He stated that expected trips added to~ use
would gene.rate apprax.imtely 160 trips over trips genei""ated by a :public
school facility; .~ allo..iied ~the ~ion policy ~d be 160 trips. .
staff added a Cordition 5 requirinq that 5,ooo sq.ft. of vacant classrOOLn
space not be utilized to ensure that tho neighbol::hocd rot became overb.m:iened.
Parking is tha seoon:i major issue. To aacommodate the maximum number of users of temporary library space would require 74 parking stalls; ct·edit
has been requested for on-st:roet pa.rkin:J. Since the neighborhood peroeh"es a pa.rkin'J prcl:>lem, staff reocmoonded that the additional parkll')J requirement ba. accatm:Xlated or.-site. A Cordition has been prepared requiring the additional 41 parld.rq spaces, .brirgirg tlle total spaces providad on-site to 74. A diaqrmu was presented shcwirq p::l&.""lible parking space locations. ·
With restriction of 5,000 sq.ft. of vacant space and provisioo. for en-site park.in:], staff felt that tho proposed use is similar to a p.lblic school operaticn and is an apprcpriate, temporary use which will not un::luly ..
burden the neighl:lorhcxx:!. . •
In response to · can. Sorensen's question, Mr. Piasecki stated that acldi.tional. lighti.~ of the parkin:J lot was not irci.uded due to the expense of installation; since other uses on site close at 6:30 P.M., patrons of
the library will likely have parkirq available in lots adjacent to the street or li.brary and would not be forced to use :roore re:irote a.rd darker parkirq spaces.
cam. Claudy questioned the possible use of the Foxr Fhase Office BUilding;
He questioned. the assumption that reduction of .ElpaOO to one-fifth of present size wo.tl.d reduce traffic by on.a-fifth. Mr. P.iasecki presented
-he Traffic SUmmal:y Table for review. can. Claudy noted that a c::anparison
between Woodland and CUpe.rtino libraries may be inaccurate: secondly,
CUpe.rtino has an .inadequate library, yet the assunptiai is made that because the temporai.y libra.r; is a smaller facility less peopl~ will use it. He roted an established pat.tel:n of use; due to a serious parkir¥J
i.nadequac:y, patrons will be frustrdted.
ffl:!plicanj;:'s Presentation: Ms. SUsa.n Fuller, ca.mty Librarian, sa.nta. Clard county noted that it was determi.ne::i that closirg the 1.:!.brru:y for five m::>nths was rejected. as an option. Access to the libracy was considered vital to the COillllTulI1ity. 'l11e criteria considered when lookln:J for te:rrporary library space were location arrl cost.
PI.ANNING OOMMISSION lfiNUIES Re.;Ular Meet.irg of November 24, 1986 PAGE 5 PC -506
ITEM 3 (o:int'd)
Ms. F\lller stated ca.mty staff .infcu:med them that donated space was
u."'llikely. a:mnercia.l space is at least twice the cost of a school site; in addition, many canmercial sites c-.re not rented for less than a year, or if available, rates are considerably higher. eonuoorcial space is often located in high traffic areas where it wculd be difficult for children to reach.
Eaton School is the only school currently available; the library has tried to address concerns of the neighborhood. Ms. I<\11.ler ootlined t.he limited services that will be offered an:i stated that tlie tenp:>rary facility represented an opportunity to keep the libraty visible in the ocmaunity.
She noted that the Traffic study was E.ICiDSWhat mislead:ln;. She cited the ·axanple of the cambrian Library rem:xlel.irq; patronage of the library
drcppad to 10-15% of previous USC:\ am the character of usage chan;Jed. '
can. h:lains Sl9,1et."1:.ed use of nd:>ile classroans; cam. Sorensen suggested the use of the Wilson School site. Ms. F\llle.t• stated that the schOOl site costs 55 cents per sq.ft; camnercj.al space costs at :!.e.:1.st twice that anx:iunt plua the cost of utilities. Use of temporary lightirq for t.:he
parkin3' lot was sugg~. l:Jtf Com. At::Jams. Mr. cowan suggested use of
temporary preferential parking pe.nnits for residents of the area.
Mr. Brll Harris, 20087 Suisun Dr., OJpw:tino, cxmmented an the closing of Pacifica Ave. an:1 noted the addition of 160 cars per day over am abOve
what was originally planned. He pointed out use of a fire lane for
parki.N;J. He felt library personnel had rot made an honest effort to look. at alternatives an:J. noted the exterx:1ed hours of operatio.'1 of the proposal. In response to can. Sorensen's question, Mr. Harris stated that a lree"ting between library personnel arxi residents was helct ai:proximately six weeks ago.
Mr. George Yo..lfXJer, 10553 Farallane Dr., ~' ~ the Application due to parkin:J arrl traffic problems; he cited exanples of noise, di.::.tl.U.tian::e an:l property damage fran traffic. Ha felt additional
parkin; proposed was .insufficient an:l ootOO that the ?Jblic is free to park on art'f street. He reoa:nmended considera.tion of alternatives, such as
Four Fhase.
Mr.. Edwin M. Belles, Jr., 20127 John Dr., OlpE>.rtino, reoa:nmended that
Ccmmissioners make a aite visit. One conce.rn is that the cost of
alternative locations had n::it been presented; he sympathized with neighbors adjacent to the school site.
can. Claudy asked if the City could provide si:.ace. ae noted that a temporary library need oot: oo located in prime space an:l suggested a review of office, induz'crial or ware.house space.
P.I.ANNING o::Mll'.SSION MINUI'ES
Regular Meetin;J of Nove.mbe.r 24, 1986
PAGE 6
PC -506
ITEM 3 (Cont'd)
,, ·' f,·. ,.... . ··;: ··-------------\ .'.., ~::
Ms. &\Jller restated. that the school site is the best financial offer;' other Glit.imates received ran tran $1.05 -$2.00 per sq.ft. plua utility costs. Chr. Szabo asked a.boot City involvement in this process; Ms • .FUJ.ler stated that they nave "'10rked closely with t.he City.
can. Claudy summarized that use of the proposed school sit.a was gocxi from
the point of view of cost, location in a neighborhood settin;;J and size; however, t.l.-affic project.ions are 20% ave;: maxim.ml a11C7.r.'ed, on-site parkir.q may be inadequate am lighting of the parking area may be insufficient.
can. Sorensen noted the tima am effort taken to draw up the .guidelines for this area. can. Adams favored use of a vacant school sit.a in oxaer to l'Ilaintain t.he t.uildin::J for future use; he concurred with :reservations
~ parking an::l traffic impacts ar¥i asked for assurarx::e that all options have been explored. eonsensus reached to continua · this Al;lplication. cam. Claudy asked for a better definition of parking am lightirq; o:m. Sorensen suggested that fUrthier reseai"Ch of altemative locations kle done by County library staft. ·
MJ.I'IOO: can. Claudy iooved to continue Applicath1 3-U-66 am 33-FA-86 .to
the Plann.irq camnission Meeting o! December 8, 1986, to allcw the J.wlicant to report back to the camnission on any ad1itional cpt::ions oonsidered; if the Eaton School site continues to be the
~ awropriate site, the Applicant will report ori proposed park.in:r and lightin;J plans.
SEXXlND: can. Sorensen
VOI'E: Passai 4-0
ow wsnmss
-None
NEW WSJNESS:
rn:M 4 • Report req"..a'ding legal Notices.
Mr. CcMan reviewed. procedures used by the Planning ])epai"'bnent and noted
that legal obligations were ioot. Ms. coc.ke.r outlined legal retju.irexoonts of noticin:] residents arrl ~ to questions addressec.l by the camuissioners. can.· Claudy asked that a randan sample of past noticir:q efforts ba dona to test the effectiveness of current procedures. cam.
l\damS suggested that the sampling be done on noticirq of Public Hearings ,
held in the earning month!:i. Staff will report back to the 'Commission .•
ITEM 5. select:i.on of two Planning Commissioners to serve or. the Post
Office SUboaranittee.
M:>l'IOO: 01.r. Szabo ncm..:.nated CCin. Sorensen to seJ:Ve on the Post Off ice SUbcx:mnitte.e.
SEQ:)NO: Can. Adams
VOTE: Passed 4-0
• PI.ANNmG a:MMISS!ON MINUl'ES
~ Regular MBetin;;J of November 24, 1986
PAGE 7
PC -506
ITEM 5 (Cont'd)
IDI'IO..'l: Can. Cla\Xly naninated Can. Mackenzie to ~ on the P:ist Office
SUJxxmmi tt:ee.
SECnID: can. Adams
.'VOI'E: Passed 4-0
ITEM 6. Discussion: cancellation of Plann.in;J o:mni ssi.on Meeting of I)ecembP.r 22, 1986.
MJr.ION: O::m. /\dams moved to cancel the PlannirX] o·mnission ~tirg of
December 22, 1986.
SEO:>ND: can. Clau:iy
VOI'E: Passed 4-0
REPCRI' OF PLANNING CXM1ISSION
-air. Szabo reported on the Mayor's Illncheon. He noted that OJpert.ino c.cmmmity Services will accept donations of food.
-He stated that the Mobil Oil Station on Homestea.i is in violation of the
TJse Pe:nnit with over 40 cars; on the propP..rty; com. sorensen aaied that heavy maintenance 1N0rk is bein;J done. St:iff will proceed with cede Enforceroent Action and. report back. to the r'l~ Camni ssion.
-com. hiams requested that action be takt:.>n to prevent the destruction of
the trees on the Vidovich site; Mr. ca.ran stated that action cx:W.d be
taken in the fonn of withholdir.g build..irq p..'U:1Ilits.
-air. Szabo roted his concerns regaro.irq the pos4-.o."1e.ment of the Public
Head.I~ for the Vallco F'dShion Park theater use permit ap~lication an:l its iniplications for the exist:in;r Ice Skati.rg Rink. Qir. Szabo reported on his conversation with Mr. Richard Green, President of Westfield, · owner of Vallc:o Fashion Park. OJ.rrently Mr. Gl:'ef'.n has offered .in:iucements in the form of a loan to aoother ice rink operator to eJ<pand facilities to accc:mocdate ice hockey players in exchan:Je for non-opposition of the Application already e.ubm.itted to the Plan:n.in:f
Deparbn!?..nt. With such assurances, the closin3' of the ice skat.llq rink
will be postponed to the end of the ice B}cating season. In a
conversation with City Attorney Y..ilim1 1 there is a possibility of
litigation on this matter which \o.Ulld be di.scussed in Executive Session. Ms. COcker advised the C'1Ernission not to take Public Te.stbocmy at this time.
'Ihe Plannirq commission adjourned to Clos.00 Session at 9: 37 P.M.
'Ihe Plann.irq Cormnissian reconvened at 10:12 P.M.
~ a:MiISSICN MINL1I'ES
RegUl.ar Me$tin;J of November 24, 1986
PAGE 8
J?C -506
REFORl' OF 'IHE PI.ANN.llXi a:MITSSIOO (O.mt 1 d)
r•.1:_. ".' • • . ' ' ' . ~
Chr. Szabo anncunced the schedulirq of an adj~ Meeting to be held on 'I\lesday, Deo2mber 16, 1986, to hear Application. 35-U-86 sut:mitted by
Vallco Park originally scheduled to be heal:d on December a, 1986.
MJ!'ION: can. Mams moved to hold a p..lblic head.rq on Application 35-U-86 on Tuesday, December 16, 1986, 7:30 P.M.
SEO::lND: can. Claudy
VOI'E: Passed 4-0
REroRI' OF 'IHE ~ DIRECitlR
-Written RBport sul:mitted. Mr. cowan added that the City 0.xmcil reviewe:i the Applicatioo subnitted by Marriott Hot.el arxi c:x.:n:::ur:ted. with
the Pl.annin:J canmissian' s reoanmP..n:lation to retain the st.epp0d facade. Marriott Hotel. heac1quarters has stated that the additianal expense of
mai.ntain.ll:q the stepped facade will cause problems. 'lllay wish to have
the City CXJuncil :furt:he= review this pJ:oposal. Ha asked whether the ccmmdssion would allO# this Application to proceed directly t.o a City cc.:iun:il hearing. ecm. Claudy noted that the camuission reviews lan:i use
issues not financial concerns. Consensus reached by tna O::mnissioners
to allcw Marriott to proceed directly to a City~ haarirq.
In response to a~ of can. sorensen, Mr. Cc:Mal1 will farwa.ro a copy
of the Hcosing Code to her.
can. ."3ams noted an e.rror in the Report of tl°'..a Planni.rq Directar. on
the first page, 3, seocn:l sentence, delete, '"Iha Pl.annin;:J Q:mniBsion" and add, "'111.e City Council •• II
. ;
ADJOORNMENT: Having concluded its b.lsiness, the planning (X'lllllli ssion. adjourned at 10:37 P.M. to the next Regular Maet.ir)3' of
December a, 1986, at 7:30 P.M.
ATTEST:
~ /--<?
_/ ........... (/.-=-/ ~-/ _...,.'..,..__-~_---___ 0_~-y-~-· -
City Clerk-;v---
Awroved by the PlannirrJ Camn.ission
At the Regular Meeting of December 8, I 1986: