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PC 09-11-78 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 S. Torre Avenue, Cupertino, CA 95014 Telephone: (408)252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER II, 1978, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. Blaine called the meeting to order at 7:30 PM with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Adams, Claudy, Gatto (7:45), Koenitzer, Ch. Blaine None Staff present: Assistant Planning Director Cowan Assistant City Engineer Whitten Assistant City Attorney Kilian Assistant Planner Piasecki APPROVAL OF MINUTES Page 4, third paragraph: Delete "very pleasant to look at" and replace with "an acceptable land use near the golf course." Moved by Comm. Adams, seconded by Comm. Koenitzer to approve the Minutes of August 14, 1978 as amended. Motion carried, 3-0 Ch. Blaine abstained Comm. Gatto not yet present. POSTPONEMENTS OR NEW AGENDA ITEMS Per request of the applicant, it was moved by Comm. Adams, seconded by Comm. Koenitzer to remove 19-U-78 from the Calendar. Motion carried, 4-0 Assistant Planning Director Cowan said he wanted to report on two additional items: San Jose/Cupertino Boundary and Housing discussion as related to the previous City Council Meeting. r PC-288 Page I Aug 14th Minutes approved Item 4 (19-U-78) removed from calendar .. PC-288 Page 2 MINUTES OF SEPTEMBER II, 1978, PLANNING COMMISSION MEETING WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: None. PUBLIC HEARINGS 1. Application 17-U-78 of ROBERT ALTEVERS AND COMPANY (HOULIHAN'S REST- AURANT): USE PERMIT to allow a discotheque (including live music and dancing) to occupy approximately 1,200 sq. ft. in an approved restaurant to be constructed in the Orchard Valley Market Place (shopping center); and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the southeast corner of Stevens Creek Blvd. and Portal Avenue in a P (Planned Development with General Commercial intent) zone. First Hearing continued. The Assistant Planner reviewed the September 8, 1978 staff report on this application. He said that, although they are asking for a 220 sq. ft. dance floor, they could, without review, put in a bar in this space. One question the Planning Commission might want to review and explore is the matter of live music. The staff suggested a condition that no noise be audible at the property line, and another condition that the dance floor be limited to 250 sq. ft. The Assistant Planner said the applicant has received approval of speed bumps along the back road, adjacent to the residential to the rear. Mr. Wil1iam R. Edwards, Robert Altevers & Company, 3475 Via Operto, Newport Beach, CA 92663, submitted a series of 8 x 10 glossies of their other locations at Newport Beach and Marina Pacific Village in Long Beach. Ch. Blaine was concerned about where the people would be while waiting for a table. Mr. Edwards said they provide quite a bit of exterior space in the cocktail terraces, etc., that accommodate the people who are waiting for tables. Ch. Blaine asked for comments from the audience. Mr. Arthur Federico, 19711 Bixby Drive, Cupertino, had several statements to make. He was answered that the total occupancy was seating for 240 persons, including bar and dance floor. Hours of operation: Monday through Saturday -- II AM to I AM; Sunday -- II AM to II PM. There are 427 parking spaces for the total site. Mr. Federico noted there is no parking on Stevens Creek Blvd. for overflow parking, so that parking would now have to go on Portal and Bixby. There are at least a dozen children on Bixby under 12 years old. He is concerned about intoxicated drivers going on residential streets. He also commented on the increasing , number of restaurants in that immediate area. MINUTES OF SPEPTEMBER 11, 1978 PLANNING COMMISSION MEETING PC-28B Page 3 The Assistant Planner stated this shopping center was approved with a deficiency of parking spaces according to the Ordinance. One thing taken into consideration was that several of the shops will be closed when the restaurant is open. Ms. Wendy Smallcombe, 19741 Bixby Drive, said there have already been a lot of problems in the rear of this shopping center with noise, etc. Mr. Dan Diforhan, 19731 Bixby Drive, said there has been a prolifera- tion of restaurants with alcohol and dancing and an infringement of his privacy. He noted that every year there is a Christmas tree lot across the street on Portal, resulting in much traffic congestion. Mr. Federico offered some remedial actions: 1) Extension of the 40' waIL 2) Put barriers up that would only allow trucks to go to the rear driveway, that are key activated. He said that ever since it has been enclosed back there, there has trouble in the rear yards of the adjacent residences -- especially those with swimming pools. Kids throw beer cans and rocks in the pools and use foul language. There has already been an accident back there. , , I I beeì1 I ! The Assistant Planning Director said the problem of accessibility back there has already been review~~ by H-Control and the City Council. Comm. Adams suggested putting two cyclone gates back there with locks.. A mistake was made allowing that alleyway and it must be corrected. Comm. Koenitzer noted the question before the Planning Commission was the dance floor. If it is not allowed, a bar could go in without need for City approval. The disco operates from 9 PM until closing. Mr. Federico asked if it is live or recorded music. Mr. Edwards said it is mainly prerecorded stereo. However, they would like the ability to have a vocalist and guitarist. Moved by Comm. Gatto, seconded by Comm. Claudy to close the Public Hearing. Motion carried, ~-O Ch. Blaine asked the staff about the bar with dancing at Stelling and Stevens Creek Blvd. in County property. It is illegal, but they are now asking for permission. The City of Cupertino has recommended to the County that it be denied because there h~ve been complaints by nearby residents. It is surrounded by residences. Comm. Claudy was answered by Mr. Edwards that there will not be an exterior door directly to the dance floor. The fire exit is a good distance from the dance floor. PC-2SB Page 4 MINUTE ORDER MINUTES OF SEPTEMBER 11, 1978 PLANNING COMMISSION MEETING Ch. Blaine commented that if there is a problem of health, safety and welfare of the citizens. Various means are available to the City to al1eviate the problems. This could include a review of the Use Permit. Moved by Comm. Koenitzer, seconded by Comm. Gatto to approve the ERC finding of a negative declaration. Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Claudy to recommend to the City Council approval of application 17-U-78 with the 14 standard conditions and conditions 15, 16 and 17 of the staff memo and subject to the findings and subconclusions of the staff memo of Sept. 8, 1978. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Ch. Adams proposed a Minute Order to the City Council recommending the staff be directed to get together with the applicant of the shopping center to assure the back driveway problem is corrected with fence height increased and cyclone gates and to be resolved before the September 18th City Council meeting. This was reworded as follows: MINUTE ORDER: By Comm. Adams, seconded by Comm. Koenitzer to the City Council asking that the applicant and staff be required to work out a solution to the car and noise problem and juvenile problem behind the shopping center as soon as possible. MOTION CARRIED, 5-0 2. Application 22-TM-iB oÏ BYRNE AVENUE PROPERTIES (GEORGE CODY): TENTATIVE MAP to divide approximately 2.15 acres into 8 cluster lots and 1 lot to be held in common ownership; plus 2 conventional residential 10ts consisting of approximately 7,500 sq. ft. and 18,200 sq. ft. each; and ENVIRONMENTAL REVIEW: The project was previously assessed hence no action is required. The subject property is located on the southwest and southeast corners of Byrne Avenue and Stevens Creek Blvd. First Hearing continued. The Assistant Planning Director reviewed the September 7, 1978, staff report and view map on the screen. The tentative map is consistent with the Stevens Creek Blvd Plan Line/Old Monta Vista Specific Plan and recently adopted Single Family Cluster Zoning District. MINUTES OF SEPTEMBER 11, 1978 PLill~NING COMMISSION MEETING PC-288 Page 5 The Assistant City Engineer said the existing houses to the east of this development somewhat directed the pIan line for this development. It appears this will result in a 3 ft. retaining wall on Stevens Creek Blvd. The staff does not believe the developer should be responsible for this because the developer does not have access to Stevens Creek Blvd. and he is putting in the frontage road The instersection of Byrne and 01~ Stevens Creek Road needs to be raised over 3 ft. Mr. Monte Post, 812 Castro Street, Mountain View, representing the I applicant, offered to answer any questions. ! Ch. Blaine asked if there is any vegetation or if there are any treel on the property to be held in common ownership. Mr. Post said they I have no intention of taking out any trees. He was not sure what was! there. The Assistant Planning Director said there is one tree and I some grape vines. I I I Since there were no further comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 , Moved by Comm. Adams, seconded by Comm. Gatto, to approve applicatio~ 22-TM-78, ·subject to the findings and subconclusions in the staff report of September 7, 1978, and the condition 1 through 20 contained in said staff report. 22-TM-78 approved AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 3. Application 17-U-78 and 18-U-78 of STAFFIELD/ROSE REAL ESTATE INVESTMENTS: REZONING approximately 1 acre from CG (General Commercial) to P (Planned Development with General Commercial and. Office Use Intent) zone or whatever zone may be deemed appropriate by the Planning Commission; USE PERMIT to construct a 9,200 sq. . ft. building consisting of an emergency medical service facility and retail commercial store; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a N~g~tive Declaration. Said property is located on the north side of Stevens Creek Blvd. approximately 100 ft. westerly of Vista Drive. First Hearing. PC-288 Page 6 MINUTES OF SEPTEMBER ll, 1978 PLANNING COMMISSION MEETING The Associate Planner reviewed the September 8, 1978 staff report on this proposal. He cautioned that when the Town Center develops, this intersection of Torre/Vista and Stevens Creek Blvd. will be very busy. This proposal for emergency medical clinic is something that has been needed for a long time. He noted the applicant's proposal is 15 ft. short of the 50 ft. frontage called for along Stevens Creek Blvd. The staff recommended some minor modifications as well as a sound wall and that noise mitigating measures be instituted. Comm. Koenitzer said his main concern was in regard to sirens on the site. The applicant, Mr. Terry Rose, 990 E. Arques Avenue, Sunnyvale, said the placement of the driveway does not interfere with the existing beautiful tree. All three of the large trees on the site are within the 25' frontage, however. In regard to parking in the front, they feel there should be as much parking as possible and it should be I easily identifiable for emergency situations. They have no problem with removal of their access driveway if they are assured by the City of access to adjacent property's driveway. Access to the rear does not bother them. Mr. Rose said they would agree that they would provide cross easement for the corner property. In regard to noise, he said the Doctor says they have never had an ambulance go to their present facility in Foster City. He does not think there is a noise problem here. He asked that the requirement for a noise study be deleted. It would take two weeks to get it and it would cost about $1000. The Doctor stated that in 1968, lOaD medical people got out of military service and formed the American College of Emergency Physicians. He is proposing a free-standing medical facility without operating or in-patient capability. This would be treated as a hospital zone. The purpose of sirens is to avoid accidents. There would be no sirens at the site. Hours of operation will be 9 to 12 noon and 2 to 5 or 6 PM. ,They see 3 or 4 patients per hour. He answered Comm. Gatto that they would discourage patients on a regular basis. He said they "supplement", not "compete" with physicians. There will be 4 persons i on duty at all times. They anticipate the longest a patient would be there to be I to 2 hours. Comm. Adams was answered they will have bottled gas -- oxygen, etc. Delivery of supplies and arrival of employees will be at the rear entrance. There is one delivery per week -- no large trucks. Mr. Rose said they are working with a sporting goods facility for the remainder of the property. Comm. Adams felt it would be good planning to expand this medical category on the remainder of this property. MINUTES OF THE SEPTEMBER ll, 1978, P¡Ju>¡NING COMMISSION MEETING PC-288 Page 7 Ms. Lillian Quirke, 20251 Reurell Place, said her property is behind this property. With a high wall, her concerns would be alleviated. Ms. Barbara Dixon, 20262 Cartright, said they have had trouble with children going back there and throwing things into her swimming pool. The Assistant Planning Director said that with this kind of develop- ment, the service vehicles will not be large trucks. Mr. Rose said most of the parking will be in the front. When this property is developed, there wil1 be people in the facility until II PM. He believes this wil1 discourage children from going back there and throwing rocks, etc. Mr. Rose reviewed the proposed conditions. He would like condition IS reduced from 40 to 25 feet. In condition 20, he would like to delete all but the last sentence. He would he happy with an S' rather than 6' hi&h fence. He had no problem with condition 21. Comm. Gatto suggested the noise study could be satisfied with a letter of explanation. He added that the medical facility is a great idea and something that is needed in the City. It was suggested the rear parking spaces be eliminated and the entire development moved back in order to maintain the 40' setback. Planner Piasecki suggested the requirement of a reciprocal ingress/ egress and parking with the corner property. Moved by Camm. Koenitzer, seconded by Comm. Claudy to close the Public Hearing. Motion carried, 5-0 Comm. Claudy said the biggest problem with this site is the parking. There would be a real advantage to have as much parking in the front as possible for this medical facility. He would like to see the 40' frontage maintained. Comm. Koenitzer said an emergency medical facility is a very good idea, but this site has problems. Ch. Blaine agreed. She is concerned with the layout. She asked if the applicant would agree to a continuance so some of the".problems could be resolved. \ Comm. Adams suggested Mr. Rose consider past judgment on the zoning and discussion that has taken place, at this meeting, and to come back with a modified pIan. . PC-288 Page 8 MINUTES OF THE SEPTEMBER II, 1978, PLANNING COMMISSION MEETING Comm. Gatto suggested one long, rectangular building, eliminating cross traffic or moving the structure back and building an L-shaped building. Moved by Comm. Gatto, seconded by Comm. Koenitzer to honor the ERC recommendation in granting a negative declaration and that the noise concern in regard to the ambulance situation is not justified. Motion carried, 5-0 17-Z-78 approved Moved by Comm. Gatto, seconded by Comm. Adams to approve application 17-Z-78, subject to the 14 standard conditions, condition 15 modified to reflect the exhibit indicating the ingress/egress point on the easterly side of the property on Stevens Creek Blvd. and on Vista Drive, a 10,000 sq. ft. building maximum, uses consistent with general retail types and permiting an emergency medical facility. The guidelines for 50' landscaped strip along Stevens Creek Blvd. wil1 be adhered to. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 18-U-78 continued Moved by Comm. Gatto, seconded by Comm. Adams'to reopen and continue the public hearing on application 18-U-78 to September 28, 1978. Motion carried, 5-0 Ch. Blaine called a recess at 10:00 PM. Meeting reconvened at 10:15 PM. ; 4. Application 19-U-78 of THORNWOOD ASSOCIATES TAKEN OFF CALENDAR. 5. Application 19-U-76 - Revised of ELDON R. HOFFMAN (ANY MOUNTAIN, LTD.): USE PERMIT to construct a building consisting of approx 5,000 sq. ft. to accommodate a ski training center or retailing activity and interim use to operate a ski training facility outside of the existing building and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Subject property consists of approximately 2.8 acres located on the southwest corner of Mariani Avenue and North De Anza Blvd. in a P (Planned Development) zoning district. First Hearing. MINUTES OF TRE SEPTEMBER 11, 1978 PLANNING COMMISSION MEETING PC-28i3 : Page 9 The Assistant Planning Director displayed the site pIan on the screen. The staff had no particular problem with this proposal. It is 500 to 600 ft. from the ski facility to Garden Gate homes; therefore, it is not thought there would be a noise problem. The BAS Homes development has a sound wall. Comm. Koenitzer is concerned about,the parking problem, not only during sales. The Assistant annual sale. it is not now City Engineer said the busiest Mariani Avenue may be assigned planned for bike lanes. time for them is the as a bike route but Comm. Gatto observed that 95% òf the time there is no parking problem and 5% of the times it is overflow parking. Comm. Claudy asked how this problem is handled With churches. Mr. Eldon Hoffman, 21048 Bankmill, Saratoga, explained he wants to put in two ski decks. Mr. John Clendenir, Box ll12 South Lake Tahoe, CA .95705, said the noise level from this would be nominal. They can effectively handle four people on each machine. Usually, there are three lesson. The machines have been in existance for over fifteen but their credibility is just now being realized. Mr. Clendenir answered Comm. Adams that surrounded with a safety bar. It stops button is pushed. the machine has been within 6 feet when the to a I yearJ ! I I Mr. Hoffman said they are extremely busy November and December, Thursday nights, Friday nights and weekends. May through August I they are closed. From September through April they have normal ¡ business hours for this operation. He thinks the ski training I center will be a great benefit to the people interested in learnin~. ¡ Moved by Comm. Gatto, seconded by Comm. Adams to close the Public I Hearing. I Motion carried, 5-0 Ch. Blaine noted that adding the ski machines would require 16 more parking spaces. Mr. Hoffman said that on a weekend when it snows they rent 1000 pair of skis and maybe 2% of that when it does not snow. He does not believe this proposal would increase the number of customers, but will make it more comfortable for those customers. If this business is not successful they would I considering renting it out to, say, a title company or some business that would conform with the trip ends. PC-288 Page 10 MINUTES OF THE SEPTEMBER II, 1978 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Koenitzer to support the ERC recommendation of a negative declaration. Motion carried, 5-0 19-U-76 approved Moved by Comm. Gatto, seconded by Comm. Adams to approve application 19-U-76, subject to all conditions enumerated in the September 8, 1978 staff report, with the modification to condition two to modify the exhibit if the staff can work out a different parking arrangement. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 6. Application 16-U-78 (Revised) - VALLCO PARK, LTD.: AMENDMENT OF USE PERMIT to increase the allowable building square footage of a light industrial facility and ENVIRONMENTAL REVIEW: The project was previously assessed; hence, no action is required. Said property is located on the north side of Vallco Parkway approxjmately 1,500 ft. easterly of Wolfe Road in an MP (Planned Manufacturing) Zone. First Hearing. Planner Piasecki referred to details in the Septembp.r 7, 1978 staff report and offered to answer any questions. Mr Bill Tagg, representing Vallco Park Ltd., offered to answer any question~. There were nnne. Moven by CC'mm. Koeni tzer, se~ondp.d by Comm Clandy to clo.e the Publ ic Hearing. Motion carried 5-0 l6-U-78 aupro"ed Moved by Cnmm. r.launy. seconned bv Comm. Koenit>er to approve ~pplication 16-U-78, subje~t to The cnndiTion. enumerated in the September 7th staff report and the finnings and subconclusions in said staff report. AYES: Comm Adams, Claudy, Koenit7.er, Gh. Rlaine NOI<S : None ARSTATNED' Comm. GaTto Motion carried 4-0-1 UNFINI~HED RUSINESS 7. Review of Hillside Re.identia' Ordinance - RøporT to City Council MINUTES OF THE SEPTEMRER 11, 1978 PLANNING COMMISSION MEETTNG The AMist~nt Planning DirecTor s~id the Hillsiòe Re<:idential Ordinance was offered back to the Planning Commission by the City Council because there were some minor changes. He said they are trying to streamline the review process. A diagram was shown on the s~reen illustr~tin~ the height limitation<:. Due to the lack of regulations covering vegetation removal on Rl land Ch. Blaine said she is concerned about the Inspiration Heigh MS. K~thie Nellis, Regn~rt C~nyon, said they eXDres"ed the concern . for "uch ~ regulation within the nrdinanc~. She has not s-en any example of clearing of the land uh<ch has resulted in a negativ- way. A prnper~y owner does not w'nt to do 'nvthing to 'ower the wor~h of ~is p~one?tv. Th- kinA of v~get~tio" you ~oulA be p~o- tocti-g is . fir- hazsrd. Poisòn oak and Coyote bush are high fi·e ri"ks. This oTdinanne originated in Santa B~rbsra. w~ere They ~ad sover· fires last summer. Th-y ar- in the proces" of r-vok<n~ t~at Ordin~nce. Ms, Nel'is b"-lie"es discing of ·he weeds is a good idea. An oak tree adds $3000 to $5000 to a person's property. A proDertv owner won't be removing trees that add value to his property. - Comm. Koenit~er w~s concerned shout ñeleTion from this ordinancp of the noTifi~ation to the npi~hhorhood of development. AnoTher prohlem in th- hillsidp devplopment is "run-off". Mr". Nel1is "aid that when it comes to sin"le f~milv homp.s. you cOl1ld bp getr.ing into ~ subiective area. Priv~cy intru"ion is minimi~ed bv the density. Mrs. Nellis asked that the neod be ñemonstr·ted before anv conTrol" are placed in the Ordin~nce<:. It was decidp.d the section on ve"etsTion control, erosion and fir should be rewritten. There wa" a consen"Us of the Commissioners (except Comm. Gatto) to reDort back r.o the Citv Council That the Planning Commission would like a revip.w procedure of adj~cenT pronertv owners pl1t bark inr.o the Ordinan~e. The Commi"sion agreed to the "econd ser.tion. Thp. Commission would like vegeTation removal clælse put bar.k wiTh fire and erosion rontrol. The trees ~re to be prote~ted. NEW BUSINF.SS The As"ist~nt Planning DirecTor distributPd copies of a reporT on LAFCO deci<:ion on San Jose Boundary. Comm. CÞudy "aid he w0111d bp. opposed TO anv proDertv transfer as propo"ed bv LAFr.o be~aus~ Cupertino would lose control of The transition between resinential and commerr.ial. pr:-28R Pagp II oned s area. · I I PC-288 Page 12 MINUTES OF THE SEPTEMBER 11, 1978 PL&>¡NING COMMISSION MEETING Moved by Comm. Claudy, seconded by Comm. Adams to submit Minute Order to the City Council as follows: MINUTE ORDER TO CITY COUNCIL: The Planning Commission has concern in accepting LAFCO's proposal, due to planning transition between residential and commercial. Motion passed, 5-0 REPORT OF PLANNING COMMIS~ION ~eptembeT 28, 1978 ~as s~lec~ed a~ the rlate for the serond regular Planning Cnmmic::sion meeting in Sentemher. Ch. Blaine repnrten on the re~ent Mayor's Luncheon. ~ome of thp matters discussed w~re reorganization of the Central Fire District Bnard, reRidentsl T.1isb to have La'7aneo DrÍ'\re closed. The bike lane on Srevens Crpek Blvd. ~ill include p~rking during ~hri~tma~ when selling ChriQtmao treps. The bins for Senior Citizpn Center gere up to S85 per sq. ft. whi~h is much too high. The library gor 90% funding this yp.ar becau~e it was alrearly budgeted; hnwever, next year'o budeet io more pesQimiotic. The City Coun~il c~llen a sppcial meeting the previous Thursday morning pertaining to siring of suhsidized housing. This matter wao continupd to Octoher 16th. REPORT OF PLANNING DIRECTOR' Nonp. AD.JOURNMENT Ch. Rlaine adjourned this meeting ar 11:55 PM to 7:30 PM nn Thursdoy. Spptember <8, 1978. APPROVED: ~ ðL ~( L . ,. ¿ Chairwoman 4 ATTEST: City