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PC 02-08-88 CITY OF CUPERTINO, STATE OF CALIFORNIA . 10300 Torre Avenue. Cupertino, CA 95014 (408) 252-4642 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON FEBRUARY 8, 1988 Meeting Held irt the Council Chambers, 10300 Torre Ave. SALUTE TO THE FLAG: ROLL CALL: 7:30 P.M. Commissioners Present: Vice Chairman Adams Commissioner Claudy Commissioner Mackenzie Commissioner Szabo Staff Present: Steve Piasecki, Assistant Planning Director Travice Whitten, Assistant Oty Engineer Peggy M. Cocker, Deputy City Attomey Leslie Lopez, Attorney APPROVAL OF MINUTES: MOTION: Com. Mackenzie moved to approve Minutes of the Regular Meeting of January 25, 1988, as presented. SECOND: Com. Claudy VOTE: Passed 4-0 POSTPONEMENTS OR NEW AGENDA ITEMS: None WRITTEN COMMUNICATIONS/ORAL COMMUNICATIONS: CONSENT CALENDAR: None PUBLIC HEARINGS: ITEM 1: Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): 55-U-87 AND 58-EA-87 Chevron U.S.A. Cupertino De Oro Club Northeast corner of De Anza Blvd and Homestead Rd. 11010 N. De Anza Blvd. 1.04 IITOSS .78 net USE PERMIT (55-U-87) To request approval of a use permit for an existing service station to operate from 6 A.M. to Midnight. Station currently operates from 7 A. M. to 11 P.M. FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration PLANNING COMMISSION MINUTES Regular Meeting of February 8, 1988 Page 2 PC - 537 PUBLIC HEARINGS Continued Staff Presentation: Mr. Piasecki reviewed the Application and stated that this was a request to expand the hours of operation; Staff was not recommending approval of the 12 Midnight closing time due to the station's proximity to a residential area. Conditions had been added to address concerns regarding site landscaping. In response to Com. Claudy he confirmed that an adjacent station was also limited to the 6 A.M. to 11 P.M. hours of operation. ADDlicant's Presentation: Mr. Bill Scudder, Chevron Representative, addressed the followirtg Conditions of Approval: 3. Signaæ: questioned which signage was non-conformmg. Mr. Piasecki responded that this Condition was operative only for signs which might be non-conforming; Staff would assist the Applicant irt determining if such existed. 13. LandscaDing: questioned the requirement to "...plant trees within the planter along the street frontages." He noted that such would hide the station from public view, and added that there were trees to the rear of the station. Mr. Piasecki presented an exhibit showing the absence of landscaping along the frontage and suggested that trees could be selected to allow a view of the station; in addition, the northern boundary could be planted to more effectively screen the adjacent apartments. Mr. Scudder responded that plantings along the wooden fence would not be seen by the apartment residents; in addition, such would be below the level of the station driveway. He noted recent site improvements. Mr. Joe Bielefelt, Station Manager, provided additional information on the placement of the fence and existing landscaping; however, he objected to the installatÍon of trees along the station frontage. He stated that the Application to expand the hours of operation was made irt order to serve early momirtg commuters. Com. Mackenzie noted concern regarding discrepancies between Staff and the Applicant on existing signage and landscaping; he questioned whether the Applicant understood the intent of the Conditions. Mr. Scudder stated that they wished to proceed with the Application rather than Continue this Item pending further discussion of applicable Conditions. Com. Adams noted that the exhibit presented by the Applicant was dated "January '88;" Applicants stated that the exhibit was in fact, an older site plan and thus, did not reflect recent site improvements. The Public Hearing was then opened. Mr. Jim Martin, 10325 Plum Tree Lane, #1, Cupertino, questioned whether a left hand turn lane would be installed on Homestead Rd; the speaker was advised that such was not applicable to the Item under consideration. MOTION: Com. Mackenzie moved to close the Public Hearing SECOND: Com. Szabo V01E: Passed 4-0 PLANNING COMMISSION MINUTES Regular Meeting of February 8, 1988 Page 3 PC - 537 PUBLIC HEARINGS Continued Com. Claudy favored Staff Recommendation on Hours of Oueration. namely, that the station be allowed to operate until 11 P.M., not 12 Midnight, due to adjacent residential use; he had no objection to the 6 A. M. opening of the station. With regard to Landscauinl!, he suggested umbrella trees, or similar trees, to provide necessary screening. Com. Szabo was favorable to Condition 13, Landscauinl!. as recommended by Staff. MOTION: Com. Szabo moved the granting of a Negative Declaration. SECOND: Com Mackenzie VOTE: Passed 4-0 Mr. Piasecki advised the Commission that Condition 6, Securitv. 1) and 2) could be deleted if the Hours of Operation were limited to 11 P.M; following requirements of this Condition to be renumbered. MOTION: Com. Szabo moved approval of Application 55-U-87, subject to conclu-sions and subconclusions of this Hearirtg and the Staff Report per the Model Resolu- tion, Conditions 1-5; Condition 6, delete 1) and 2); Conditions 7-13. SECOND: Com. Claudy VOTE: Passed 4-0 ITEM 2: Application Noes) Applicant: Property Owner: Location: Parcel Area (Acres): I-TM-88 Kellv Gordon Georl!e Damiano Northeast corner of PrOSDect Rd. and James Town Dr. ...d TENTATIVE MAP: (I-TM-88) To subdivide 1 parcel into 2 parcels with lot sized equaling approximately 8,000 sq. ft. and 9,100 sq. ft. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt Staff Presentation: Mr. Piasecki reviewed the Application and recommended that Condition 8, Masonry Wall be deleted as not appropriate to this Item. Secondly, the Applicant had requested removal of a 12 inch Magnolia tree due to its proximity to the building pad; Staff was agreeable to such if a replacement 24 inch box tree was installed along the public street frontage of this property. Auulicant's Presentation: Mr. Brian Kelly citing Condition 9, Undenrround Utilities, questioned whether such applied only to P.G.& E. lines or were telephone lines included? Mr. Whitten responded that the Ordinance No. 331 applied to all utility lines. In response to further question, he stated that the City only utilized Deferred Mairttenance Agreements if there was potential development on either side of the property in question; such did not apply to this site. PLANNING COMMISSION MINUTES Regular Meeting of February 8,1988 Page 4 PC - 537 PUBLIC HEARINGS Continued Mr. Kelly, responding to Vice Chr. Adams' question, stated that lot sizes were different due to the varying house plans used; meeting City requirements for the plans in question dictated the varying lot sizes requested. The Public Hearirtg was then opened. Ms. Yelica Talaich, Real Estate Agent, noted that the property owner at 1670 James Town Dr. objected to a two-story house on the site in question; she stated that she had advised him that his property would probably increase in value due to the development of this site. Mr. Piasecki presented Interim R-l Zone SetbackJFloor Area Reauirements for his review. Mr. Kelly confirmed that there were one and two-story elements on both houses. He questioned whether the City contributed financially to the undergrounding of utility lines and noted that the two utility poles along the south property line (Prospect Rd.) were situated in such a way as to straddle James Town Dr.--60 ft. beyond the property line. He questioned whether Applicants would be responsible for the increased cost. Mr. Whitten confirmed that Applicants were responsible for undergrounding utilities; he noted that situations similar to this occurred frequently. MOTION: Com. Claudy moved to close the Public Hearing. SECOND: Com. Mackenzie VOTE: Passed 4-0 MOTION: Com. Claudy moved approval of Application I-TM-88 subject to conclusions and subconclusions of this Hearing per the Model Resolution, Conditions 1-7; Condition 8 deleted with following Conditions renumbered; Conditions 9-13; Condition 14 to read that the 12 inch Magnolia on Lot 1 may be removed at the discretion of the subdivider of the property; such to be replaced by a 24 inch box tree of similar species to be located in the front yard. SECOND: Com. Mackenzie VOTE: Passed 4-0 NEW BUSINESS: None OLD BUSINESS: None REPORT OF THE PLANNING COMMISSION: Com. Szabo discussed a recent San Jose Mercury News article on "Lack of beauty is in the eye of architect" of January 27, 1988. Com. Adams requested information on the recent approval of Application 54-U-87 (Eli McFly's) regarding the defmition of the term restaurant.