PC 04-24-89
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Ave.
Cupertino, CA 95014
(408) 252-4642
MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON APRIL 24, 1989
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Adams
Vice Chairman Claudy
Commissioner Mackenzie
Commissioner Sorensen
Commissioner Szabo
Staff Present: Robert Cowan, Director of Planning and Development
Mark Caughey, Associate Planner
Travice Whitten, aty Engineer
Leslie Lopez, Deputy City Attorney
APPROVAL OF MINUTES:
MOTION: Com. Sorensen moved to approve Minutes of the Regular Meeting of April
10, 1989, as presented.
SECOND: Com. Claudy
VarE: Passed, with Com. Mackenzie abstaining 4-0-1
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 1 _ Application 3-M-89, Mehdi Nederzad, Applicant requested a Continuance to
the Meeting of May 8, 1989.
ITEM 6: _ Application 4-TM-89, l-Z-89 and 4-EA-89, Barbara Colley, Applicant
requested a Continuance to the Meeting of May 22, 1989.
SECOND:
VOTE:
Com. Claudy moved to Continue 3-M-89 the Regular Meeting of May 8,
1989, and 4- TM-89, l-Z-89 and 4-EA-89, Barbara Colley, per request of the
respective applicants.
Com. Mackenzie
Passed 5-0
MOTION:
WRITTEN COMMÛNICATIONS:
_ Mr. Cowan noted the receipt of an unsigned letter from residents at Chateau Cupertino;
he intended to provide a Report at the next Meeting of the Planning Commission.
ORAL COMMUNICATIONS: None.
.PLANNING COMMISSION MINUTES
Regular Meeting of April 24, 1989
Page 2
PC - 569
PUBLIC HEARINGS:
ITEM 2:
Application No(s)
Applicant:
Property Owner:
Location:
Parcel Area (Aéres):
2-Z-89 and 5-EA-89
Peninsula Bible Church
Peninsula Bible Church
West side of Blanev Ave.. north of Cedar Tree Ln.
2.ll
REZONING of a 2.3 acre parcel from City (A-I) (Agricultura1lResidential) to City BQ
(Quasi-Public Building), or such other zone as deemed appropriate by the Planning
Commission or City Council.
CONTINUED FROM PLANNING COMMISSION MEETING OF APRIL 10, 1989.
ENVIRONMENTAL DETERMINATION: Negative Declaration
TENTATIVE COUNCIL HEARING DATE: May 15, 1989
Staff Presentation: Mr. Cowan reviewed the Application.
Applicant's Presentation: None.
The Public Hearing was then opened. There were no speakers.
MOTION:
SECOND:
VarE:
MOTION:
SECOND:
VarE:
Com. Claudy moved to close the Public Hearing.
Com. Sorensen
Passed
Com. Claudy moved to recommend approval of 5-EA-89.
Com. Sorensen
Passed
5-0
5-0
MOTION: Com. Claudy moved to recommend approval of 2-Z-89 subject to conclusions
and subconclusions of the Staff Report and this Hearing, per the Model
Resolution.
SECOND: Com. .Szabo
VarE: Passed 5-0
ITEM 3:
Application No:
Applicant:
Location:
80.033
City of Cuocnino
Cttywide
Proposed amendment of Horne Occupation Ordinance No. 321
CONTINUED FROM PLANNING COMMISSION MEETING OF APRIL 10, 1989.
ENVIRONMENTAL DETERMINATION: Negative Declaration
TENTATIVE CITY COUNCIL HEARING DATE: May IS, 1989.
PLANNING COMMISSION MINUTES
" Regular Meeting of April 24, 1989
Page 3
PC - 569
PUBLIC HEARINGS Continued
Staff Presentation: Mr. Caughey presented the latest version of the Home Occupation
Ordinance and reviewed the amended texL
Com. Szabo questioned the amount and duration of noise allowed; he cited examples of
noise impacts that the Commission wished to prohibiL Mr. Cowan reviewed the applicable
Noise Ordinance requirements and stated that he did not wish to create separate standards
for home occupations.
Com. Mackenzie cited Section S. Standards Location and commented that since square
footage of the garage was counted in the floor area ratio, it was reasonable to allow use of
this area. He suggested the hours of operation be limited to prevent potential noise impacts.
Mr. Caughey suggested the Specific Standard text be amended to read, "Minimum number
of vehicles required to be parked in the enclosed area within that zone, sha1l be accom-
modated at the end of the business day".
Chr. Adams questioned the use of the term "hobby" in Section 4. General Requirements.
Com. Claudy suggested the substitution of the word "activity" or "hobby-like activity".
Com. Szabo noted that inclusion of the definition "hobby" eliminated the requirement for
code enforcement purposes, to prove that money changed ha.'1ds.
Consensus reached to eliminate the term "hobby" from this Section of the Ordinance.
Mr. Caughey noted that the purpose of including the term "hobby" was to reinforce the
Ordinance intent for code enforcement and/or coun actions; however, Section 8 may
adequately address this issue.
Com. Mackenzie responded that "activities of a non-residential" nature (Section 4, General
Requirements), regardless of other terms given to them, addressed the concern.
Com. Claudy questioned Section 8, Excluded Occunations. E) Kennels and other boarding;
Mr. Caughey responded that this language was unchanged from the original texL
Com. Mackenzie suggested the R-l Ordinance requirements for the number of animals
a1lowed be applied in this case.
The Public Hearing was then opened.
Ms. Elly Wamer, 20076 La Roda Ct., Cupertino, commented to follows:
- Felt the term "hobby" created a loophole for people who did not wish to declare they
were in business
- Favored the elimination of a specific number of business visitors per day; this also
created a loophole for individuals to claim that friends were visiting
- Cited problems in her-neighborhood where one resident had six unmarked vehicles for
business; she noted the impacts which prevented her from parking in front of her home
- Cited Section 5 Standards, Traffic
- Noted that Menlo Park had an Ordinance requirement which prohibited on-street parking
from 2:00-5:00 A.M. to allow for street cleaning.
- Concluded that excessive on-street parking was the first sign of a deteriorating neighbor-
hood; there were many areas in the City that had this blight
· pLANNING COMMISSION MINUTES
Regu1ar Meeting of April 24, 1989
Page 4
PC - 569
PUBLIC HEARINGS Continued
Ms. Ann Anger, Monta Vista, cited her previous testimony and reiterated that she was very
concerned regarding Automobile Repair Shops (Section 8, Excluded Occunations): in
addition, she cited gardeners tnlcks that were filled with cuttings and left for the weekend.
Com. Szabo questioned whether money had to be seen changing hands in order to enforce
the prohibition on automobile repair; Ms. Lopez responded that one would have to show
that money or a systematic exchange of money had been exchanged.
Com. Sorensen suggested a Minute Order be sent to the Council regarding the concern
about excessive on-street parking. with consideration of the Menlo Park Ordinance require-
ment prohibiting parking during certain hours.
Consensus reached to amend the Home Occupation Ordinance as follows:
_ Section 4 General Requirements. delete the term "hobby" and substitute "activity"
_ Section 5 Standards. Location, add to the Specific Standard, "Minimum number of
vehicles required to be parked in the enclosed area within that zone, shall be accom-
modated at the end of the business day"
Reintroduce section formerly contained in Storage, which prohibited use of the exterior
yard area for such to read, "There shall be no storage of merchandise, stoCk in trade,
equipment or supplies in any accessory bui1ding, or outside the dwelling, provided that
space within a garage may be used for business storage if it does not impeded use of the
garage for pamng of vehicles."
_ Section 5 Standards. Traffic, eliminate the Specific Standard "Not more than ten (10)
business visitors shall be a1lowed per day at any home occupation site, including clients,
customers and deliveries" and rely on the Regulatory Intent that "A home occupation
sha1l not create pedestrian, automobile or trUCk traffic or parking demand significantly in
excess of the normal levels for that zone" and concluding with the Specific Standard
"Delivery hours restricted per the Municipal Code"
_ Section 5 Standards, Business Vehicles, eliminate the Specific Standard phrase "3/4 ton"
Section 8 Excluded Occqpations E) add, 'The number of animals shall not exceed those
a1lowed in the base R -1 Zoning District as specified"
MOTION:
SECOND:
VaIE:
MOTION:
SECOND:
VaIE:
MOTION:
SECOND:
VaIE:
Com. Szabo moved to close the Public Hearing.
Com. Claudy
Passed
5-0
Com. Claudy moved to œcommend the granting of a Negative Declaration.
Com. Sorensen
Passed 5-0
Com. Sz"j;¡,O moved to recommend adoption of an Amendment to Ordinance
321 providing for the regulation of Home Occupations per the Model
Resolution as modified.
Com.
Passed 5-0
PLANNING COMMISSION MINUTES
Regu1ar Meeting of April 24, 1989
Page S
PC - 569
PUBLIC HEARINGS Continued
MOTION: Com. Szabo moved to adopt a Minute Order to Staff requesting a review of
the R-l Ordinance to determine whether a prolûbition could be added to define
and/or limit auto repair in residential areas.
SECOND: Com. Claudy
VO'lE: Passed 5-0
MOTION: Com. Sorensen moved to adopt a Minute Order to City Council asking that
Staff investigate the Menlo Park Ordinance prolûbiting on-street parking dur-
ing certain hours.
SECOND: Com. Mackenzie
VarE: Passed 5-0
ITEM 4:
Application No:
Applicant:
Property Owner:
Location:
5-U-89
Chan~-Yam
Mariani Develonment COll1J)anv
Southwest comer of Homestead Rd. and South De Anza Blvd.
USE PERMIT: (5-U-89) To establish a donut shop with take-out service in a 900 sq.
ft. tenant space within an existing retail center.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Negative Declaration.
TENTATIVE CITY COUNCIL HEARING DATE: May 1,1989
Staff Presentation: Mr. Cowan reviewed the Application; he cited the Applicant's letter
which requested take-out only and asked that Condition 2 be amended to state that the Use
Permit authorized a take-out operation only; no seating was approved with this Application.
J\wlicant's Presentation: Applicant was present but did not wish to comment
The Public Hearing was then opened. There were no speakers.
MOTION:
SECOND:
VarE:
MOTION:
SECOND:
VO'lE:
Com. Claudy moved to close the Public Hearing.
Com. Sorensen
Passed .
5-0
Com. Claudy moved to recommend approval of 5-U-89 subject to conclu-
sions and subconclusions of the Staff Repon and this Hearing, per the Model
Resolution~-Condition 1; Condition 2 modified to state that the Use Permit
authorized a take-out operation only; no seating was approved with this
Application; Condition 3.
Com.
Passed 5-0
PLANNING COMMISSION MINUTES
Regular Meeting of April 24, 1989
Page 6
PC - 569
PUBLIC HEARINGS Continued
ITEM 5:
Application No.
Applicant:
Property Owner:
Location:
6-U-89 and 7-EA-89
Robert H. Lee and Associates
Shell Oil ComDaQY
Southwest comer of Wo1fe Rd. and Home$tead Rd.
USE PERMIT (6-U-89) To reconfigure fuel dispensers and to establish a 500 sq. ft.
convenience food/merchandise sales area at an existing service station.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Negative Declaration.
Staff Presentation: Mr. Cowan presented the Application and reviewed the Staff Report.
Com. Sorensen questioned whether adequate visibility of the cashiers booth existed for
Sheriffs patrols and asked that the Sheriffs Department comment on such. Mr. Cowan
stated he would resubmit the Application for comment
ADplicant's Presentation: Mr.Andrew Pawlowski, Robert Lee Associates, reviewed the
site re-configuration; he stated he did not know whether the visibility of the booth was
adequate.
The Public Hearing was then opened.
MOTION:
SECOND:
VarE:
MOTION:
SECOND:
VaIE:
Com. Claudy moved to close the Public Hearing.
Com. Sorensen
Passed
5-0
Com. Claudy moved to recommend approval of 7 -EA-89.
Com. Sorensen
Passed
5-0
MOTION: Com.Claudy moved to recommend approval of 6-U-89 subject to
conclusions and subconclusions of the Staff Report and this Hearing per the
Model Resolution.
SECOND: Com. Sorensen
VarE: Passed 5-0
ITEM 6: - Application No: 4- TM-89, l-Z-89 and 4-EA-89 Continued to May 22, 1989.
~.
ITEM 7:
2-GPA-89 - Westfield: Request to schedule a hearing to consider an amend-
ment of the Land Use Element of the General Plan to allow additional building
area for Vallco Fashion Park.
Staffs Presentation: Mr. Cowan reviewed the Application.
PLANNING COMMISSION MINUTES
Regular Meeting of April 24, 1989
Page 7
PC - 569
PUBLIC HEARINGS Continued
ADDlicant's Presentation: Mr. Paul Hogan, Attorney for Westfield, made himself available
for questions.
The Public Hearing was opened.
Ms. Nancy Burnett, Cupertino, stated she preferred that General Plan Amendments be
considered in a more comprehensive fashion; however, if preliminary considerations were
necessary, she had no objection. She asked that a1l aspects be considered.
MOTION:
SECOND:
VarE:
Com. Claudy moved to close the Public Hearing.
Com. Sorensen
Passed
5-0
MOTION: Com. Szabo moved to approve a Resolution recommending that the City
Council schedule a Public Hearing to consider an Amendment of the General
Plan to increase the a1lowed footage for the Va1lco Fashion Park.
SECOND: Com. Mackenzie
VarE: Passed 5-0
NEW BUSINESS:
- None
OLD BUSINESS:
- None
REPORT OF THE PLANNING COMMISSION:
_ Chr. Adams reported on the recent Mayor's Luncheon.
REPORT OF THE PLANNING DlRECfOR:
- Written Report submitted.
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
ADJOURNMENT: Having conclud~ business, the Planning Commission adjourned at
9:10 P.M. to the next Regular Meeting of May 8, 1989 at 7:30
P.M.
Respectfully submitte¡(' .
Carol A. Probst-Caughey,
Recording Secretary