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PC 11-27-89 CITY OF aJPERI'INO, STATE OF CAI.;ITORNIA 10300 Torre Avenue CUpertino, CA 95014 (408) 252-4505 MINUTES OF 'lEE: RmJIAR ME:El'ING OF 'lEE: PIANNING cx:!>IMISSION HElD ON NOVEMBER 27, 1989 SAIlJl'E 'ro 'lEE: FIAG: The meeti.n;¡' was called to order by O1airperson Adams at 7:30 p.m. ROLL CAlL: Commissioners Present: O1airman Adams Commissioner Blaine Commissioner Claudy Commissioner Mackenzie Commissioners Absent: None staff Present: Rebert Cowan, Director of CamIm.1ni.ty Development Dorothy CoJ:T1elius, city Clerk Travice Whitten, Assistant City Engineer I.eslie Lopez, Deputy City Attorney ~ EOSTroNEMENTS : -None WRITI'EN cn1MUNICATIONS: Chairperson Adams stated that cammunications have been received fram Mr. Paradise, Mr. Kintera and Mr. Halsted. ORAL cn1MUNICATIONS: -None CONSENT ~: Comm. Mackenzie requested that Item No 1 be rem:wed fram the Consent Calerrlar and placed unjer Public Hearings. -1- PIANNING a:t1MISSICIN MINUI'ES Regular Meetin;J of November 27, 1989 roBLIC HEARINGS: Item 1: Application No(s): Applicant: 9-U-89 (Amended) University of San Francisco Followin;J review of the application by Director of Cammmity Developnent Cowan, Adelle Salle, University of San Francisco on Bolli.n;Jer Road, told the commissioners that currently there are three classes bein;J given from 6:00-10:00 p.m. 'Ihe university would like the flexibility to not turn awayarr:¡ students. 'Ihese are adult, back to school students. ihere usually are spaces left in the par~ lot; there is par~ available on the streets. No complaints have been received fran surroun:lin;¡' areas. students attending the classes are responsible adults. K Mart am Bank of the West have given vert>al approval for students to park in the lot, but are not willin;J to make a lon;J-teDn cx:llmnibnent. Mr. Cowan told cammissioners that the City did not knc7,.¡ USF was in that buildin;J 1.n'ltil a dance studio use pemit application had been received am was goin;J through. the process for awrevaJ.. Ms. Salle stated that if this application does not get approved, the university will have to IOCJVe to San Jose. 'Iheir current lease expires December 31, 1989. 'Ihe cammission discussed lack of par~ am upon inquirin;J about the secretarial am support staff, they were Ínfo:rmed that support staff leaves in the even:Ïn3', It was m:JVed by Ccmm. Mackenzie, seconded by Ccmm. Blaine am passed Ul'1éIIÚII¥:n.11 Y ( 4-0) to close the plblic hearin;J. Ccmmissioners suggested that class size be limited to 18, the use pemit be subject to review in 12 =nths am the university get a reciprocal parking agreement. (City Clerk Note: Camnission requested that Mr. Cowan check on the dance studio trash enclosures.) It was IIKWed by Ccmm. Mackenzie, seconded by Ccmm. Claudy am passed Ul'1éIIÚII¥:n.1ly (4-0) to approve Application No. 9-U-89 (Amended) with firxtings am conclusions as per staff report am discussion am to amend Con:tition No.2 allowin;J for a total of 54 persons durin;J normal1rlOr~ hours am 20 on Saturdays, addin;¡' Con:tition No.5, directin;J that there be a reciprocal parking agreement approved by staff shcW.d one parcel be sold. Item 2: Application No(s): Applicant: 18-U-84 City Center Associates -2- PIANNING m1MISSION MINUTES Regular Meetin:J of November 27, 1989 Various cptions were presented to the camnission: the possibility of a short tenn use with the developer wr~ with the neighbors for a long tenn use, eliminatirr;J the use of the trian:Jle for par~ as it is no longer needed. Mr. Cowan stated he did not believe that the City can require the plantin::J of turf on that piece of property; however, it can J:.........,......d that the ~t be torn up. nus is not a ~lic park area, ha.lever camnission can recamnerxi open space. In 1983, the Parks ani Recreation camnission ani the Planning Camnission J:.........,.,""'!ded elimination of any ~lic park at that area as larger parks suitable for organized activities rather than small passive parks were determined to be best for the City. As the property reM exists, the "no devel,¥''''''lL potential" is USEd because the density was transfeITed to another location. 'IWo decisions need to be made: status of parkin:J on that space and use of that space if not for parkin:J. Mark Kroll, CUpertino City Associates, stated that he believes the general plan allows for residential developnent of the triaß3'le. There was no intent of Council to ever keep that area open space. He expressed the belief that the project presented 18 m:mths ago was the best use of the lani. If anyone wants a park in that location, they can purchase the lani. He is willin:J to talk with the neighbors that have other deman:1s besides the park. He expressed the opinion that the park is not the issue. He also believes that there is no legal requirement for City Center to rip out the existin:J ~t. Both Apple ani Chateau CUpertino are usin:J the trian:Jle space for parkin:J. There is residential density umer the general plan allowed on that site. The current lan:lscapin:J on the corner of DeAnza Boulevard ani Stevens Creek Boulevard is temporazy until such ti1ne as the hotel is built. Fhilip Halsted, 20286 Pinntage Parkway, read a position statement into the record. His statement expressed the opinion that this was an issue of integrity. The i1c:InIecMners will stard firm ani line up with the park and recreation groups. He felt that the character of CUpertino was at stake. Mr. Halsted was informed that any applicant has the right to request a chan:Je in a use pemit. Farokh Deboe, Board of Directors of the CUpertino Waterfalls, addressed Commission statin:J that John Gatto had spoken against the abuse of lani. Mr. Deboe urged that a green space be left there. He stated that CUpertino Waterfall residents were not apprœched by Praœtheus for meetin;¡s ani that the fountaiI1s at the Praœtheus apartments are continuously spootin;¡" water. Mr. Deboe said that many residents bought property based on Carditions 16 ani 19 of the use permit. He rec:amnen:ie:l that the parkin:J lot be turned into a temporazy park-like settin:J ani that the City mve toward pennanent open space. He wuld like to see the plans Praœtheus has for that area. He felt the construction of the mi.= linage buil~ as orig:i11ally proposed'tlCUld add balance to what is already there. A traffic problem exists at this ti1ne. Mr. Deboe expressed the opinion that there was a credibility problem ani that the Board appears to be workin:J with the business interests, not the citizens. -3- PIANNING cx:øassICIN MINt1I!ES Regular Maetin;r of November 27, 1989 MiJœ Mull1oJ.land, 0Jpertin0 Waterfall, 10237 Nile Drive, felt that the original intent was very iJIportant. antitions 16 ard 19 are for open space. He stated that last year, it was the clear intent of the City cwn::::il not to develop this piece of property, I::ut to develop the rest of the site first. Citizens are against high density. A pr'-": L..ssive stance ItICUld be to place a park in that location. He believes that the City shoold buy the lard. 'n1e second choice ItICUld be to leave it as a parld.1q lat. Carol Ban:Jham, Pinntage Parkway, said residents were not contacted by Pranetheus recently for a meetin;r. She wanted no high density as traffic is already a problem. She is not q:posed to a parld.1q lat, I::ut ItICUld like a little less noise in the summer. Albert Hoffman, 22577 san Juan Road, told the l"nnmi ..don that he IoIIOrks in City Center ard finds that the green space on the corner of stevens creek Boulevard ard DeAnza Boulevard a pleasant aspect of his day. He spoke in support of the l'Y'I1IIIIØ1'\ts made. 'n1e parld.1q sb:uc:ture is not beirq used, essentially because it has a low cei1i.rq ard dim lightin;r, He also feels that the earthquake has an iJI¡¡act for people not wantin;r to park in a sb:uc:ture, but rather parki.rq outdoors. He 5t:9.ted that parki.rq is J"I""(1"(j for the anpUtheatre. He expressed the opinion that the staff report ard resolution have a pro-developœnt tone, He urged that the review of open space in the general plan not be rushed ard requested that this trian;¡'le remain pen¡anent open space. sally Waite, OJpertino Waterfall resident, urged the l"nnmi""3ion to look to the future. More density is not needed. Anthony santiliWO, 10173 Danube, addressed l"nnmi..sion regardi.n;¡ the traffic barrier at Torre. He stated that if there is no traffic problem, why are these mitigation ""''''''''1reS beirq done. Assistant City ED;Ji11eer Whitten WoDDed him that there had been a cancern regardi.n;¡ cammuter traffic intrusion. Mr. santiliWO said there's already ~t there, so why not make it a tennis court or perhaps a bocci ball court. '!hat area ItICUld be a merge of residential ard busi11ess. Mark Kroll said that if that area were not used for a parld.1q lat, it ItICUld not be a trash di.mp; City Center Associates have too JDJJCh pride in the ccmm.mity. He ItICUld like to meet with the residents as he feels a caoprcmi.se is possible. Disc"....ion followed regardi.n;¡ "no develcpnent potential". All office J::uildin;¡s on that site that can be J::uilt, have been J::uilt without a general plan amendment. 'lhis trian;¡'le is developable as residential. CaJUn. Blaine suggested a zonin;¡ hearin;J to help clear up aIrý confusion. Mr. Deboo asked aIxm the Vidovich äevelcpnent currently bein;J ccnstJ:ucted ard was informed it was for 160 units, Mr. De!!oo stated that a lat of housin; credits have been used up. -4- PIANNING m1MISSION MINUTES Regular Meetin;J of November 27, 1989 '!be camnissioners suggested that staff facilitate a meetiIxJ with representatives fran Waterfall, pinntage Devel..'l....a::ut, OIateau CUpertino am City center Associates am cane back with a summary of potential uses acceptable to all sides. Also, the zonin;J map should not say open space on that triangle if that's not What it is a~ for. Mr. Kroll hoped that the ccmmi.ttee TNCUld be made up of JŒ)re than one £ran each area as that TNCUld not be enough people to develop widespread support for a position. It was m:JII'e:i by Camn. Mackenzie, seoon:3ed by Camn. Claudy am passed unani:Jrously to close the p.1blic hearin;J. It was m:JII'e:i by Camn. Mackenzie, seoon:3ed by Camn. Claudy arrl passed unani:Jrously to adopt a resolution n..-u.LWa::lrlin;J approval for an eight m::>nth extension of use of a 2.5 acre site for temporary park:in;J. It was m:JII'e:i by Camn. Mackenzie, seoon:3ed by Camn. Claudy arrl passed unani:Jrously to direct staff to facilitate a meetin;J between Pranetheus Development am surrounlin;J neighbors am to agermze a p.1blic hearin;J no later than June of 1990 either by the property owner or by the city. RECESS: 9:30-9:43 P.M. Item 3: Application No(s) : Applicant: 17-U-89 Bih-Tau SUrr;: Followin;J review of the report submitted by the Director of Community Development, the Camnission cH"""USsed upgrað.in:J of the center. Emil Nijameh, center owner, said that has wanted to remodel, however, he has been urdergoin;J harassment. P. J. M.1lligan's has a leD] lease (about 10 JŒ)re years); ~, he does have plans to remcdel arrl add a¡:proxiJnately 5,000 sq. ft. Large trucks use the center for a park:in;J lot arrl he has called the police many t:i1nes. '!here have been two dance studios at that location. Parents drop their children off arrlleave; they do not park arrl stay. Bih-Tau SUn:;¡' said that IIPSt students are in night classes. '!hey are left arrl picked up by parents who are not allowed to stay for class. Classes are CNer by 8:30 p.m. P.J. 's ~ arrives around 9:00 p.m. '!he largest class currently in existence consists of about 10 people. '!he ather classes are smaller . Mr. Nijameh told the Camnission that his architect said there is adequate park:in;J for the addition. Eric SUn:;¡' questioned Camnission regardirg proposed Con:lition No.3. It was suggested that an explanation be added to that corñition statin;J it would not be activated l.mtil the 25% rule was activated -5- PLANNING cx:HITSSION MINUTES Regular Meetin;¡ of NOITE!IIIber 27, 1989 It was lIDVed by Camn. Blaine, secon:ied by Camn. Mackenzie an:l passed ~ly to close the p¡blic hearin;¡'. It was moved by Camn. Blaine, secon:ied by Camn. Mackenzie an:l passed ~ly to recamnerx3. approval of the application as per hearin;¡' an:l staff report: Cotxlition No. 1 approved as sul::mitted; Cotxlition No. 2 II'Cdified to show that hours of operation are from 9:00 a.m. to 9:00 p.m. daily with a maxiJnum class size of ten students an:l no =re than bio instructors; Cotxlition No.3, the requirement of iItprovements woold be iItplemented vmen aggregate upgrac:lin;J equals 25% of the square footage of the center an:l the Cotxlitions 4, 5, 6, an:l 7 approved as sul::mitted. Item 4: Application No(s): Applicant: 24-tJ-89 ~ie1 Nollan Director of Camm.mity Devel'¥ucu¡t Cc7.1an reviewed his report an:l ~ized that the existin;¡' sheppin;¡' center is close to residential an:l there are no sourxl walls separatirq the bio uses. ~ie1 Nollan, South Blaney, San Jose, told Camnission that she woold like to keep the restaurant open later than the hours mentioned un:ler coroitions of approval. She said the neighbors had no problem vmen she talked to them about stayin;¡' open \.U'ltil midnight. Mr. Cc7.1an stated that the coroition as presented woold require people to be out by 9:30 p.m. otto Sowder, 10055 Byrne Avenue, suggested that Camnission consider heM many similar places are in the area an:l that pemaps there was a better use of the site. It was moved by Camn. Mackenzie, secon:ied by Camn. Claudy an:l passed ~ly to close the p¡blic hearin;¡'. It was lIDVed by Camn. Mackenzie, secon:ied by Camn. Claudy an:l passed ~ly to recamnerx3. the grantin;¡' of a Negative Declaration. It was lIDVed by Camm. Mackenzie, secon:ied by Camm. Blaine an:l passed ~ly to :t""^",",,r=iXl approval of the application as per staff report an:l æœrrlments; that Cotxlition No. 2 (e) shall be amenied to state that no one shall be on the premises except durin;¡' the hours of 9:00 a.m. an:l 11 p.m. an:l Cotxlition No. 2 (f) shall be added statin;¡' that trash may be taken out only between the hours of 9:00 a.m. an:l 9:00 p.m. Item 5: Application No(s): Applicant: 26-tJ-89 Saratoæ sales & reasiM -6- PlANNING a::t1MISSION MINUTES Regular MeetirY;J of November 27, 1989 Mr. Cowan informed Camnission that this particular site was next door to P. J. Mulligan's. consideration of this aw1ication will not be awroval of any sign application. Chairperson Adams expressed the opinion that he would have preferred the car display in front if the cars are left cut at night. This would, he felt, eJ1hance security. Mr. Cowan stated that there should no audible alams. Dan Heime1, 157 EI Pinar, Los Gates, told the Camnission this outdoor display is required by the California Department of Motor vehicles. It was mJVed by Camn. Claudy, secoIXied by Camn. Mackenzie an:l passed \JI1aIÙlroUsly to close the p.¡blic hearinJ. It was mJVed by Camn. Mackenzie, secoIXied by Camn. Claudy an:l passed \JI1aIÙlroUsly to aw=ve the awlication as per staff report with Condition No.5 al'Æ!OOej so that the sales tax goes to OJpertino. UNFINISHED RJSINESS: Item 6: Application No(s): Applicant: 6~-89 city of CllPertino Chairperson Adams an:l Camn. Claudy will be members of a subcanunitt.ee which will also oonsist of t\\Io members of the Parks an:l Recreation Camnission. Mr. Mackenzie stated that he would like to see zonin; designations be looked at as a tool. Nancy Bun'Iett, 729 stenJhal lane, asked if the p.¡blic could attend these oc:mnitt.ee meet:in;¡s. Mr. Cowan informed her that rmwin '1hrone has been notified regaro.ing the meetinJ. '!his will be a wor~ groop; it is a p.¡blic meetinJ, but not a p.¡blic hearinJ. ihe p.¡blic may attend; ageroas are posted at the librcu:y. It was mJVed by Camn. Blaine, secoIXied by Camn. Mackenzie an:l passed \JI1aIÙlroUsly to =tinue this matter to the meetinJ of JaI'lUMY 22, 1990. NEW RJSINESS 7. Discussion of staff recammendation to cancel :Regular Plannin3' Camnission meetinJ of December 26, 1989. It was mJVed by Camn. Blaine, secoIXied by Camn. Mackenzie an:l passed \JI1aIÙlroUsly to cancel the regular Plannin3' Camnission meetin;J scheduled for December 26. -7-