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PC 01-09-89 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 JANUARY 9, 1989 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairwoman Sorensen Vice Chairman Adams Commissioner Claudy Commissioner Mackenzie Commissioner Szabo Staff Present: Robert Cowan, Director of Planning and Development Steve Piasecki, Assistant Planning Director Chuck Kilian, City Attorney APPROVAL OF MINUTES: Com. Adams asked that Page 3 state the Applicant made himself available for questions. MOTION: Com. Szabo moved to approve Minutes of the Regular Meeting of November 28, 1988, as amended. SECOND: Com. Adams VarE: Passed 5-0 Com. Mackenzie asked that on Page 7, his comment be amended to refer to indoor uses. MOTION: Com. Adams moved to approve Minutes of the Regular Meeting of December 12, 1988, as amended. SECOND: Com. Szabo VarE: Passed, Chr. Sorensen abstaining 4-0-1 POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS: Mr. Cowan cited a letter of Mr. MungaJ Re: Lack of landscaping at Apple Day Care Center. Com. Mackenzie stated he had received a copy of the response from Mr. Paul Proett, Manager ChildIFarnily Services, Apple, stating that landscaping was being installed. ORAL COMMUNICATIONS: None. CONSENT CALENDAR: None. PLANNING COMMISSION MINUTES Regular Meeting of January 9, 1989 Page 2 PC - 562 PUBLIC HEARINGS: ITEM 1: Application 8-Z-88. 28-U-88. 14-TM-88. 36-EA-88 (Landmark Development) Applicant requested Continuance to the Meeting of January 23, 1989. MOTION: SECOND: VOTE: Com. Mackenzie moved to Continue 8-Z-88, 28-U-88, 14-TM-88, 36-EA-88, Landmark Development, to January 23, 1989, per request of the Applicant. Com. Claudy Passed 5-0 NEW BUSINESS: ITEM 2: Discussion of Management AuditlDevelopment Review Process. Mr. Cowan reviewed the Hughes-Heiss Management Report, Development Review Chart and Implementation Pro¡¡ram; he discussed the need to streamline the development review process and cited the increasing complexity of the planning process over the past ten years. Mr. Kilian reviewed the role of a Zoning Administrator in various cities. Com. Szabo stated he understood from a Hughes-Heiss representative that the City of Cupertino was unusual in the number of items forwarded to the Council level. He had the impression that the Planning Commission would be the final decision maker on more issues; however the Development Review Chart did not bear this out. Mr. Cowan responded that some transfer of authority would be necessary. He noted the historical basis for Council's review of land use issues; in addition, consideration would have to be given to the current Appeal process. Com. Adams felt the reason for the appeal should be stated; Com. Mackenzie agreed. Mr. Kilian suggested that appeals could be limited to the issues stated in the request. Com. Szabo commented that developers he spoke with felt that Cupertino had an inordi- nately cumbersome process in comparison with other cities; he wished the process to be strict and expeditious. Mr. Cowan responded that the planning process was expeditious. Mr. Piasecki stated that Hughes-Heiss consultants felt the process was expeditious with respect to major developments; however, it was labor intensive from Staffs point of view. Mr. Kilian reviewed requirements of noticing public hearings per request of Com. Szabo. Com. Mackenzie noted that applications were delayed in publishing in local newspapers which were not circulated on a daily basis. Com. Adams suggested the City be more in conformance with State noticing requirements. Mr. Kilian noted that even though statutes did not require noticing, there were court cases which stated that whenever someone else's property rights were affected, due process should be available to the affected parties (Hawn vs. County of Ventura). PLANNING COMMISSION MINUTES Regular Meeting of January 9, 1989 Page 3 PC - 562 NEW BUSINESS Continued Com. Mackenzie favored use of display ads in the San Jose Mercury News; the require- ment of publishing in local papers with infrequent circulation slowed the process. In general, the 300 ft. radius was too restrictive; the goal was more input from the public. Mr. Cowan returned to the Development Review Chart and noted that the City was pri- marily in PD (Planned Development) zoning; he suggested the threshold for a hearing at the Council level be determined by a set amount of square footage. A Zoning Administrator could refer items to the next decision-making body, even if the threshold were not met. Com. Mackenzie noted that some appeals would be made on the grounds that appellants did not feel they had been initially heard; it was hard to predict how the process would work. Mr. Kilian reiterated ways the scope of an appeal could be narrowed. Com. Adams commented that the Commission had not been favorable to granting vari- ances; he expressed concern that the Commission may have inadvertently caused the potential for a variance, for example in a subdivision approval. Mr. Cowan noted the extremely limited number of variances granted in the City; he added that negotiations with an applicant were often effective in reaching acceptable solutions. Com. Claudy felt applicants should be encouraged to obey the law the best they could, which was to not seek a variance at all; in only 1-2% of the variances he had seen was it infeasible for the individual to use the property well without the variance. Com. Szabo asked that the Planning Commission hear all variance applications necessitated by the site layout in a tentative map application. Mr. Kilian suggested consideration of combining the rezoning, tentative map and variance applications for the hearing; these combined applications could be heard by the highest starting hearing body. Com. Szabo noted that an application could be stopped at the Commission level through a frivolous appeal; he questioned whether there was a mechanism, in addition to the imposition of an appeals fee, whereby such could be prevented. He felt that automatic referrals to the Council would result in unnecessary work for the Planning Staff. Mr. Kilian, responding to considerations on facilitating the appeal process, advised that ap- pellants were entitled to due process; furthermore, holding hearings at both the Council and Commission level allowed a fuller consideration the issues in complicated applications. Com. Szabo suggested consideration of a minimal appeal fee, i.e., $25.00. Com. Mackenzie concurred that the above fee would cause individuals to consider their appeal; he favored allowing a five day appeal period. Mr. Kilian responded that while a fee may cause an individual property owner to consider filing an appeal, such would not be the case with a developer. He advised caution in imposing fees so as not to discriminate against citizens as opposed to developers. PLANNING COMMISSION MINUTES Regular Meeting of January 9, 1989 Page 4 PC - 562 NEW BUSINESS Continued Mr. Kilian agreed that requiring appellants to present a rationale for an appeal affected developers who would not wish to appear frivolous before the Council. However, if the hearing were limited to issues presented in the rationale, the Council may have difficulty limiting comments to such; while such a limitation would be beneficial from an adjudicatory standpoint, such may not be the case from a political one. The issue could be addressed in Ordinance procedures by stating that "an appeal shall be limited to the issues raised in the application but the City Council in its discretion can raise other issues once an appeal was before them." Com. Adams felt Implementation Pro~ram Cost/Hours, figures presented were optimistic. Mr. Cowan completed his review of Development Review Chart and discussed the Activity Description. Commenl~ and Obiectives. Com. Szabo asked that selected community professionals be involved this the process. Mr. Cowan noted the upcoming Ordinance revisions required. OLD BUSINESS: None UNFINISHED BUSINESS: None REPORT OF THE PLANNING COMMISSION: Com. Adams cited a Preservation Seminar to be held January 27th at De Anza College. Com. Claudy noted that the Pleasant View Hospital driveway was recently chained off; he was concerned whether emergency vehicles could access the site. He noted illegal traffic circulation patterns at McClelleniDe Anza intersection. Requested information on activity at the service station at De Anza/Stevens Creek Blvd. Cited concern regarding safety hazards at the development on McClellen REPORT OF THE PLANNING DIRECTOR: Members of the Commission congratulated Mr. Piasecki on his appointment as Plan- ning Director of Campbell and expressed appreciation for his efforts benefiting the City. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9:15 P.M. to the next Regular Meeting of January 23, 1989 at 7:30 P.M.