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PC 07-24-78 CITY OF CUPERTINO, STATE OF CALIFOm,IA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PL&>¡NING COMMISSION HELD ON JULY 24, 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, Koenitzer, Ch. Blaine None Staff present: Assistant Planning Director Cowan Assistant City Engineer Whitten Assistant City Attorney Kilian Assistant Planner Piasecki APPROVAL OF MINUTES Minutes of Regular Meeting of June 26, 1978: Page 3, second from the last paragraph should read: "Comm. Adams reiterated the fact that the cities to the north of us are developing extensive industrial complexes without consider- ing increasing their residential base; therefore, the concern of our City to solve the commuter distance and attendant pollution problem is unwarranted. He feels Site J should be light industrial. This would provide a light industry area closer to a residential area, thus reducing traffic and pollut ion. Moved by Comm. Gatto, seconded by Comm. Adams, to approve the Minutes of June 26, 1978, as corrected. Motion carried, 5-0 PC-286 Page 1 I I I ¡June 26th approved Minutes PC-286 Page 2 MINUTES OF JULY 24, 1978, PLlU'lNING COMMISSION MEETING POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS Memo from Patrol Commander in regard to application 14-U-78. ORAL COMMUNICATIONS: None. PUBLIC HEARING APPLICATIONS: 1. Application ll-U-78 of MICHAEL DEL MONACO (ANTHONY'S PIER): USE PERMIT to construct a sit-down restaurant consisting of approximately 7,500 sq. ft. on a 1.38 acre parcel and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said Property is located on the southwest corner of the intersection of North De Anza Blvd. and Highway 280 in a P (Planned Develop- ment with commercial, industrial, residential use intent) zone. First Hearing. The Assistant Planning Director reviewed the July 5th staff report on this application. He said it is consistent with the General Plan and the North De Anza Blvd. specific plan. The staff's only major change to the applicant's plan is to enable the major driveway to link with the applicant's proposal. ASAC was given direction in regard to some design features of the building. Mr. Michael Del Monaco, 19493 Burgundy Way, Saratoga, said he has been in business many years. He would like to have a restaurant in Cupertino. He had no objections to the staff report. 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. Gatto, seconded by Carom. Koenitzer to recommend to the City Council acceptance of the ERG Committee's recommendation of a negative declaration. Motion carried, 5-0 MINUTES OF JULY 24, 1978, PLANNING COMMISSION MEETING PC-286 Page 3 Moved by Comm. Gatto, seconded Þy Comm. Adams to recommend to the City Council approval of application II-U-78 with the 14 standard conditions and conditions 15-21 in the'July 5, 1978 staff report and subject to the findings and subcon- elusions in this staff report. ll-U-78 ¡ approved AYES: NOES: Camm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 The applicant was notified this would go to the City Council on August 7th. Attorney J. Robert Dempster, 20325 Stevens Creek Blvd., stated he was representing the owners of land under agenda item 7 -- adjacent to TOPS Furniture. He had an 8 PM City Council meeting to attend in Campbell and asked: 1) Since he could not get back to this meeting in time, he would like a continuance; or 2) Would the Planning Commission consider just taking that ¡ portion of the property out of order and keep his remarks! for that Public Hearing. Ch. Blaine was not in favor of taking this matter out of order. Comm. Gatto saw no problem in discussing briefly this piece. The Planning Commission's recommendation remained the¡ same -- mixed commercial/residential. The City Council was I not asking for a change on Site F. I The next three items were heard concurrently: I 2. Application 12-U-78 of TRORNWOOD ASSOCIATES: USE PERfIIT to allow a sit-down restaurant (Pizza Parlour) to occupy approximately 3,000 sq. ft. in the existing Brunswick Shopping Center and ENVIRONMENTAL REVIEW: The proj ect was previously assessed and no action required. Said property is located at the southeast corner of Stelling Road and Homestead Road in a P (Planned Development with recreational/entertainment and incidental commercial intent) zone. First Hearing. 3. Application 13-U-78 of THO&>¡WOOD ASSOCIATES: USE PERMIT to allow a health spa to occupy approximately 4,800 sq. ft. in the existing Brunswick Shopping Center and ENVIRONMENTAL REVIEW: The project was previously assessed and no action required. Said property is located at the southeast corner of Stelling and Homestead Roads in a P (Planned Development with recreational/entertainment and incidental commercial intent) zone. First Hearing. PC-286 Page 4 MINUTES OF JL~Y 24, 1978 PLANNING COMMISSION MEETING 4. Application 14-U-78 of THORNWOOD ASSOCIATES: USE PERMIT to allow a coin-oper~ted amusement electronic game center to occupy approximately 1,600 sq. ft. in the existing Brunswick Shopping Center and ENVIRONMENTAL REVIEW: The projecc was previously assessed and no action required. Said property is located at the southeast corner of Stelling and Homestead Roads in a P (Planned Development with recreational/entertain- ment and incidental commercial intent) Zone. First Hearing. The Assistant Planner reviewed the staff reports on che 3 proposals. The staff·determined that none of the uses will exceed the parking allocation. Their only comments of concern relaced to l4-U-78. The City previously approved a similar business at the southeasc corner of SCevens Creek Blvd. and De Anza Blvd., which has since gone out of business. Comm. Gatto was answered by che Assistant Planner that a Cime limit could be placed on the use permit. Another concern of Comm. Gatto was che easterly parking area, behind the building. He was told this was designated employee parking. Comm. Koeniczer asked if che owner of che Chird parcel would be precluded from developing because of the parking restriction. The Assistant Planner said if Che entire sice developed Chey would only be short 7 parking spaces. Mr. Ronald G. Smichson, San Jose, CA 95150, said chere is an error on the exhibit. The game center is next to the health center rather than next to the sit-down restaurant. He mentioned the restrictions placed on this propercy by the City Council. He asked if any teenage problems have been experienced aC the nearby skateboard cenCer. He did noC believe his proposed business would create any more problems than the skateboard center. Comm. Adams asked for more specific details of che amusemenC games. Mr. Carl Giller, Cupercino, said he has been in the nightclub business for 40 years. He agrees wich che staff's recommended condicions. He said Chey are mostly video games, and will start with 32 unics. Supervision will be by his wife, himself and cheir 21-year-old son. He said he has served 6 million drinks in his lifetime and has never been arrested by che ABC. He answered Comm. Adams that he would like the use permit to run as long as the lease does. The AssisCant CiCy Attorney said chis is che first time he has ever seen a condiCion like #21 in che staff report, although he does not believe that it is illegal. It is almost redundanc because chis would be a normal ground for revocaCion. The Assistant Planning Director said it would serVE! as a "red flag". MINUTES OF JULY 24, 1978 PLANNING COMMISSION MEETING Ch. Blaine asked the applicant what plans he has made in case groups congregate out in front of his business. Mr. Giller said there wil1 be No Loitering signs and his manager will enforce it. Mr. Richard Hall, Los Gatos, said he is one of the principals in the proposed pizza restaurant. They are opposed to this arcade. He has made it a point to visit others and found it is very common to see bicycles stacked on the sidewalk and 15-20 teenagers out in front, even though there are No Loitering signs. He cited the problems experienced at EI Paseo de Saratoga Shopping Center since Merlin's Castle went into business there, and what they have had to do to try to curb the problems. He said the problem tends to spread to adjacent businesses. Attorney Mark Pierce, San Jose, representing Brunswick, said they are very concerned about the development of the remain- ing businesses in this Center. They are concerned about the potential problems with this game center: malicious mis- chief, vandalism, stealing. He said the security guard system has been effective at the bowling center, but this game center will be harder to control. He asked that, if this is approved, that a full-time security guard be required. Mr. John Church, Manager of Brunswick Homestead Lanes, cited some of the problems they've had: tires slashed, CB radios stolen, insignias ripped off cars -- to name a few. They have had to throw children out of their building, and then is when the problems start in the parking lot. Repairs of the building and sprinkler system has been expensive and they have lost 1/3 of their trees and landscaping. He answered the Commission that he has 5 pinballs and 2 videos inside his building, and removal of them is not his responsibility. Mr. Phil Kamens, San Jose, representing Brunswick's coin operated machines, said this is a good way for the kids to release frustrations; it is competitive. If it is under good management the kids are not out vandalizing and getting rejected. Contrary to the situation in San Francisco, he said there is no criminal activity inside. Moved by Comm. Gatto, seconded by Comm. Koenitzer, to close the Public Hearing on all three applications. Motion carried, 5-0 PC-286 Page 5 PC-286 Page 6 12-U-78 approved 13-U-78 approved MINUTES OF JULY 24, 1978 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Adams, to grant a negative dèclaration on 12-U-78. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Claudy, to recommend approval of application 12-U-78, subject to the 14 standard conditions and conditions 15 and 16 in the staff report of July 7, 1978, and subject to the findings and subconclusions in subject staff report and the discussion in the July 12, 1978 meeting minutes. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Claudy, to grant a negative declaration on 13-U-78. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Koenitzer to recommend approval of application 13-U-78, subject to the 14 standard conditions, conditions IS and 16 in the staff report of July 7, 1978, and to the findings and subconclusions in subject staff report. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None ~fution carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Koenitzer to support the ERC's findings on environmental review of 14-U-78. Motion carried, 5-0 Discussion followed. Comm. Gatto said we have a dilema in this case. When the City zoned this property it was designated for recreationally oriented uses. There have been Some problems among the owners of the properties as to parking, etc. He is not sure this Planning Commission should look at the social implications. In the long run, he tends to be in favor of allowing this use. It may be the lessor may have trouble leasing the rest of the space if there are problems. HI:;UTES OF .JUl.Y 24, 1978 PLANNING COMMISSION IŒETING PC-286 Page 7 Corom. Koenitzer said he finds it hard to prejudge a specific uSe here. It does not seem unreasonable to him, and he believes they should be given a chance. It may end up with problems, but it is not unreasonable to give them the benefit of the doubt and allow them to try to run a respect- I able bus iness here. ! I ;es Comm. Claudy feels, the mistake was made when the original zoning was placed on this property. There are pinball machi in the bowling cent~r and a skateboard business nearby. He said he will "bite the bullet" and vote against this 'use. If the rest· of the Commission votes in favor of this use he would like them to, consider a condition that the applicant share in the cost of security guard system with Brunswick. ,He believes this type operation would be best operated insid a mall situation such as Vall co Park., Comm. Adams said that when this property was zoned it was to provide a~ recreation area for Cupertino. He was not aware of the vandalism problem which Brunswick reports they have been experiencing. Therefore, he was inclined to vote against this use, based on this situation. Ch. Blaine said she is concerned because there already is a problem in that area and it sounds like this would compound the problem. She does not think this type of use in that center would be good planning. Moved by Comm. Claudy, seconded by Comm. Adams to recommend denial of application 14-U-78 with the findings and subcon- elusions in the July 7, 1978 staff report not being in accordance with the required peace, morals, etc. 14-U-78 denied AYES: Comm. A(].ams, Claudy, Ch. Blaine NOES: Corom. Gatto, Koenitzt:r Motion carried, 3-2 The applicant was told this would go to the City Council on August 7th. The Assistant Planner suggested the Commiss10n consider Resolution No. 1719 at this time. The Cocmission did not choose co act upon tilis Rèsolution at this time. P:-;;86 Page 3 16-U-78 approved MINUTES OF JULY 24, 197& PL&~ING CO~~ISSI0N ~ETING 5. ApplicatioM 16-U-78 "nd 19-TU-78 of VALL CO. P'\RK, LTD. (TA.>¡DEM COMPUTERS): USE PERMIT to construct a 2-story industrial manufacturing and· office building consisting of approximately 158,000 sq. ft. On a l7-acre parcel; TENTATIVE MAP to divide approximately 28.5 acres into four parcels and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located ~n the north side of Vallco Parkway approximately 1,500 ft. easterly of Wolfe Road in an MP (Planned Manufacturing) zone. First Hearing. The Assistant Planning Director reviewed the July 5th staff report. He said the plan is to expand the existing structure used by 4 Phase Systems. This proposal is consistent with the Vallco Park Construction Phasing memo. There was a correction to the numbers in Condition 16. In addition, the staff wanted to add Condition 23, modifying the site plan to align the interior roadway with Finch Avenue. Mr. Walter Ward, General Uanager of Vallco Park, stated that originally, 4 Phase Systems wished to develop further On this site. They have since moved to their present location on De Anza Blvd. The new users have somewhat different requirements. They would propose to come back with a change in the final map. The Traffic Consultant is using more updated models, which can have an effect on this ¡ proposal. Mr. Ward was not opposed to the single driveway. Since there were no further comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Claudy to close the Public Hearing. Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Gatto to support the findings of the ERC to grant a negative declaration on this proposal. Motion carried, 5-0 . I'Moved by Comm. Koenitzer, seconded by Comm. Gatto to approve application 16-U-78, Subject to the 14 standard conditions and conditions IS ¡ through 22 as proposed in the July 5, 1978 staff memo and condition I 23 proposed tonight as to the driveway change, and condition 16 as , modified at this meeting. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 MINUTES OF JULY 24, 1978 PLA.~ING COMMISSION MEETING Moved by Comm. Koenitzer, seconded by Comm. Gatto, to recommend to the City, Council approval of application 19-TM-78, subject to the 14 standard conditions and to conditions 15 through 17 in the July 5, 1978, staff memo, and subject to the findings and subconclusions in said memo. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch.Blaine None Motion carried, 5-0 The applicant was informed this would be on the August 7th City Council agenda. PC-286 Page 9 19-TM-78 approved Moved by Comm. Gatto, seconded by Comm. Adams, to send a 'MINUTE ORDER MinuteOrder to City Council recommending that there be a public hearing "on the ròad alignment connecting with Finch Avenue. Motion carried, 5-0 6. Application 30-U-74 of DONALD WIENER AND PAUL CASTA.'EDA: Determination of extension of Use Permit allowing tempor-' ary use of service station for a retail tire business; and ENVIRONMENTAL REVlEì-I: The Environmental Review Committee recommends the granting of a Negative Declara- ' tion. Said property is located on the southwest corner of the intersection of Stevens Creek Blvd. and Pasadena Avenue. First Hearing. It was noted the applicant was not present, nor was he present at the last public hearing. The Commission decided to proceed with this hearing. The Assistant Planning Director reviewed details in the July 6, 1978 staff report. , The Assistant City Attorney advised a date should be set when this use permit is no longer in effect. After further discussion, it was moved by Comm. Gatto, seconded by Comm. Claudy to close the public hearing since there were no comments from the audience. Motion carried, 5-0 PC-286 Page 10 30-U-78 expired MINUTES OF JULY 24, 1978 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Adams, that the Planning Commission has determined that use permit 30-U-74 which approves the temporary tire sales facility shall expire immediately. The City Manager snaIl meet with the applicants and property owners to establish a reasonable date for closure of this temporary tire sales business. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 The staff was directed to send a letter to the applicant notifying him of his right of appeal. UNFINISHED BUSINESS 7. General Plan Land Use Element Amendment: Consideration of City Council revisions to Planning Commission recommendation and submittal of report. The Assistant Planning Director stated the City Council feels some of the sites should be reviewed by the Planning Commission once again. Site E - Portal and Stevens Creek Blvd. Comm. Gatto and Adams said the density is too high.. 10-20 is high enough. Counc. O'Keefe was concerned about the mixed use concept here. Comm. Claudy would be willing to go with all residential. Ch. Blaine was in favor of 20-35 density; the other Commissioners wanted 10-20. Comm. Gatto and Adams Were in favor of mixed uses. Comm. Koenitzer and Ch. Blaine wanted residential use, as did Comm. Claudy. Site G - SW corner of Lazaneo and De Anza Blvd. Comm. Adams believes the mix of light industrial and residential throughout the Valley is the way to solve the traffic and pollution problems. Comm. Gatto agreed. Comm. Claudy does not see this as viable and would like the entire site to go industrial. Comm. Koenitzer said he had no strong feelings on this, either way. Ch. Blaine was in favor of all 3: commercial, light industrial and residential on this property. All 5 felt 10-25 was proper density. Site H - West side of Bandley Drive. Comm. Koenitzer commented that with the approval of the Brown applica- tion, he had to say industrial was appropriate here. Comm. Claudy concurred that residential is no longer a viable use here. All 5 Commissioners agreed on this point. .~~ MINUTES OF JULY 24, 1978 PLili'iNING COMMISSION ~ŒETING Site N - Stevens Creek Blvd. between Randy & Blaney. Comm. Gatto was in favor of commercial/residential mix here. Comm. Adams, Claudy and Koenitzer agreed. Ch. Blaine said she would prefer to See it zoned residential. 110 change in density was recommended. NEW BUSINESS: None. REPORT OF PLANNING,COMMISSION Comm.'Adams aSKed the staff to reproduce an article from a Denver newspaper ~or the other Commissioners, speaking to a revised neighborhood development project in that area. REPORT OF THE PLANNING DIRECTOR: None. ADJOURNMENT Ch. Blaine adjourned this meeting at 9:25 PM. APPROVED: ~~~;/ ~ . Chairwoman ATTEST: ~p City Clerk _ PC-286 Page 11