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PC 05-09-83 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone; (408) 252-4505 PC-415 Page 1 ML~UTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MAY 9, 1983 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Chairperson Adams called the meeting to order at 7;30 p.m. in the Council Chamber, City Hall. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Binneweg, Blaine, Clau.dy., . Koenit..z,er ,._.Cbair~ persoï:l Adams Staff Present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Engineer Whitten Deputy City Clerk Villarante City Attorney Kilian APPROVAL OF MINUTES: It was moved by Com. Binneweg, seconded by Com. Claudy and passed unanimously to approve the minutes of the April 5, 1983 regular adjourned meeting as amended. Pag~ 2, paragraph 9, was amended to read, "Com. Blaine stated that she would like to see the us of low pressure sodium lights in the area. Page 2, paragraph 11, first sentence, was amended to read, \lDave MacLeroy, 21920 Hermosa Avenue, stated that he did not want to see the signs changed and that he would like the same economic consideration as his competitors in town. II POSTPONEMENTS OR NEW AGENDA ITEMS '<, Assistant Planning Director Cowan introduced two items received tor the Commission, the first item being a letter from Mr. Sam Young regarding condominium conversion and requesting a special study sessio Staff and Commission discussed hearing the condominium conversion issue. Commission directed staff to consider hearing the condo con- version issue with the General Plan on May 23, 1983. The second item presented by Mr. Cowan was a letter from Walter Ward, Valleo Park, regarding Item No.5 on the agenda, video arcade at Sears. WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None PUBLIC HEARINGS 1. Application 2-Z-83 of Cupertino City Center (Prometheus Develop- ment): Rezoning approximately 26 acres from P (Planned Develop- ment with residential, commercial and office use intent) zoning district to P (Planned Development with commercial, office, indus- trial and hotel intent) zoning district or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: An Environmental Impact Report is being prepared as part PC-4lS Page 2 MINUTES OF THE MAY 9, 1983 PLANNING COMMISSION MEETING 1. (continued) of the General Plan Amendment (1-GPA-80). The zone change is requested to allow construction of approximately 1.2 million sq. ft. of multi-story (maximum eight stories in height) office, commercial and industrial buildings and a hotel. The subject property is located on the southeast corner of Stevens Creek Boulevard and De Anza Boulevard. First Hearing continued. Discussion ensued between staff and the Commission regarding voting requirements on the zoning application. Mr. Cowan presented a staff report to Commission which combined both the zoning application and the use permit plan, stating that in doing such he would give the Commission a better understanding of how use permit and the zoning application intermeshed. He went on to state that the Commission would not be able to make a decision on the zoning plan until the General Plan was adopted. An item-hy-item discussion of the conditions for the zoning application followed. City Attorney Kilian informed the Commission that the concerns that they had could be reflected in a development agreement and also in the use permit and that the development agreement would be written to cover the entire area of the development. Mark Kroll, Prometheus, addressed Commission regarding manufacturing in the site stating that he would not like to see too many restrictions, and Prometheus would be willing to work with staff on the limitations set in the development agreement. He went on to state to the Commission that he would like to see Phase I retroactively become part of the development agreement but that economically they needed to begin building now and that he would not like to see Phase I as part of the current use permit application. Robert Wagner. representing Prometheus for Town Center. addressed Commission with an item-by-item discussion of his concerns regarding the conditions for the application. Dick Ivey. Barton-Ashman, traffic consultants, presented a traffic analysis to the Commission which recommended signals at the intersec- tion of Torre, Stevens Creek and Vista Drive. Mr. Ivey discussed traffic in the area with Commission and staff. Assistant Planning Director Cowan stated to Commission that the issue seemed to be the resultant neighborhood intrusior. from the develop- ment site. Assistant City Engineer Whitten stated to Commission that staff and Prometheus could work with the neighbors on possible street closures. Com. Blaine stated her concern with the neighborhood traffic intrusion and the effect it would have on the EIR. MINUTES OF THE MAY 9, 1983 PLANNING COMMISSION MEETING It was moved by Com. Blaine, seconded by Com. Claudy and passed unanimously to continue Application 2-2-83 to the meeting of May ¿J, 1983. 2. Application ll-U-83 of Cupertino City Center (Prometheus Develop- ment); Use Permit to construct a four-story, 160,000 sq. ft. office building and Environmental Review: The Environmental Revie Committee recommends the granting of a Negative Declaration. The subject property is located on the south side of Stevens Creek Boulevard approximately 750 ft. east of De Anza Boulevard (opposit of the existing intersection with Vista Drive) in a P (Planned Development with commercial, office and residential intent) zoning district. First Hearing. Chairperson Adams introduced discussion of the use permit. Assistant Planning Director stated to Commission that most of the primary issues for the use permit were discussed with the zoning application. He went on to give highlights of the major issues in the use permit. He stated 'that ASAC's recommendation was that they fully supported the use permit but would like to see the Planning Commission recommend that the final details be sent back to ASAC for approval. Mark Kroll, Prometheus, stated to Commission that they were presenting the first phase use permit which is covered under the current General Plan. Bill Valentine, HOK, architects, presented a model of Building 1 and gave a description and presentation to the Commission. Com. Blaine expressed her concern for the reflective type glass used in the windows. Discussion ensued between Mr. Valentine and the Commission regarding the proposed building. Mr. Kroll presented some concerns he had of some of the items and con- ditions listed in the staff report for the use permit that he felt should be changed. Chairperson Adams opened the application to public hearing. Robert Wagner of Prometheus discussed development agreement concerns and Condition 20 regarding Torre Avenue street improvements with staff and Commission. It was moved by Com. Claudy, seconded by Com. Binneweg and passed unanimously to close the public hearing. Conditions 18 and 19 of the use permit were discussed by staff and COmIr.i.ssion. It was moved by Com. Blaine, seconded by Com. Claudy and passed unanimously to reopen the public hearing. PC-415 Page 3 2-Z-83 continued Public hearin closed Public hear in reopened PC-415 Page 4 MINUTES OF THE MAY 9, 1983 PLANNING COMMISSION MEETING Staff and Commission discussed the application. Chairperson Adams expressed his concerns with the proximity of the restaurant to the residential area. It was moved by Com. Claudy, seconded by Com. Binneweg and passed unanimously to reopen the public hearing. Mr. Khoshfahm commented to Commission that his facility was mainly for dining and that he did not feel it would be a problem as far as attracting a large crowds or parking in the area. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to close public hearing. Com. Blaine stated that the Planning Commission should give the application a chance and that the application should have a review after six months. Director of Planning and Development Sisk reiterated the Planning Commissions' conditions; Condition 1. No noise shall be heard outside the building, Condition 2. The applicant shall enter into agreements with St. John's and Brentwood Shopping Center for parking, and Condition 3. The permit shall be reviewed by the City of Cupertino if problems occur. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend the granting of Negative Declaration for Application 10-U-83, It was moved by Com. Blaine, seconded by Com. Claudy and passed with Com. Adams dissenting to reccommend approval of Application 10-U-83. 4. Application 12-U-83 of Valley Church: Use Permit to construct a parking lot which will service an existing church and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located in the southwest quadrant of Homestead Road and Stelling Road approximately 160 ft. south of Homestead Raod ánd 150 ft. west of Stelling Road in a CG (General Commercial) zoning district. First Hearing. Assistant Planning Director Cowan presented a staff report to the Commlssion. Don Schmidt, Tech V Corp., developer for the project. commented to the Commission on the left turn lane. He explained the plans and expressed concerns regarding the conditions. A question and answer period ensued between Mr. Schmidt and the Commission regarding the proposed plans. PC-415 Page 5 MINUTES OF THE MAY 9, 1983 PLANNING COMMISSION MEETING Deborah Nobel, chairperson of ASAC, stated to Commission that ASAC had discussed and approved Building No.1 and commented on ASAC concerns. She went onto state that ASAC would like all the changes in detail to come back to ASAC. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. Discussion followed by Commission regarding various use permit condition concerns. It was moved by Com. Koenitzer, seconded by Com. Claudy and passed unanimously to recommend approval of Applicati~n ll-U-83, Standard Contitions 1014; Condition 15, Condition 16, modify guidelines as per staff to contain definitions and limitations of prototype manufacturing, Condition 17, 18 and 19 per staff memo; Condition 20, first sentence modified to say, "... subject to reimbursement by other developers in the area.", Conditions 21-28 as per staff memo, Condition 29 shall state a requirement of a 50 ft. setback from curb to face of building and 60 ft. setback on most of Torre Avenue from curb to face of building, Condition 30 shall state that phase 1 will be added in an overall development agreement; Condition 31 shall state that the mechanical penthouse shall be made of the same material as the building and shall integrate with the building. Com. Blaine requested that a minute order be sent to ASAC expressing Planning Commission's concerns regarding overhangs, items to make the building energy efficient, the use of reflective glass, and the plainness of the facade of the building. It was moved by Com. Koenitzer seconded by Com. Claudy and passed unanimously to recommend the granting of a negative declaration. 3. Application l-U-83 of Ebrahim Khoshfahm (The Mother Lode Restaurant) : Use Permit to allow live music and dancing in an existing restaurant/bar and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the northwest corner of Miller Avenue and Richwood Drive approximately 150 ft. south of Stevens Creek Boulevard in a CG (General Commercial) zoning district. First Hearing. Director of Planning and Development Sisk presented a staff report to the Commission. Ebrahim Khoshfahm, owner/manager of the Mother Lode Restaurant, addressed Commission stating that he did not want to create a problem. He stated that he felt his business was far enough away from the residential areas so as not to cause a disturbance and that there was ample parking. He remarked that his business was mainly dining and that the dance floor would be to serve his customers. Mrs. Khoshfahm reiterated her husband's remarks to the Commission and stated that they wanted a quiet family atmosphere in their restaurant. It was moved by Com. Claudy, seconded by Com. Koenitzer and passed' unanimously to close public hearing. PC-4l5 Page 6 )ub lie hearing lased ublic hearing eopened :..rblic hearing Jsed 2-U-83 recam- ended for ?proval MINUTES OF THE MAY 9, 1983 PlJU1NING COMMISSION MEETING It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to close the public hearing. Assistant City Engineer Whitten commented to Commission on concerns regarding paving of the lot, drainage of water, and dust from the gravel in the parking lot. Discussion ensued between Mr. Whitten and the Commission regarding the proposed parking lot. It was moved by Com. Blaine, seconded by Com. Claudy and passed unanimously to reopen the public hearing. Mr. Schmidt explained to Commission the reasoning for the requested five year phasing - the fact that they are buying the property and due to financial reasons - but he stated to Commission that he under- stood the problem. He went on to state that there was virtually no runoff from the parking area during the past winter. Com. Koenitzer listed changes in the conditions. It was moved by Com. Claudy, seconded by Com. Blaine 'and passed unanimously to close the public hearing. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend approval of Application 12-U-83 with the following changes: Condition 16 shall say, "Applicant shall improve a two-lane driveway from Homestead to the existing driveway as per City standards and subject to approval by Public Works." Condition 17 will state, ". . shall provide permanent paving and landscaping within the parking lot within five years. II Condition 18 will provide that the applicant shall provide berming and landscaping on Homestead now. Condition 19 will provide that the applicant shall provide a gate to be opened only during church use of the lot. COLiition 20 will state that water shall not flow onto other properties or homestead from the parking lot. If water does flow, they shall take steps to alleviate it. Approval was based on findings and subconclusions per staff report. 5. Application 13-U-83 of Barbara Saleme (Just Games): Use Permit to operate an electronic game center (arcade) within the existing Sears Department Store and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the northwest corner of Stevens Creek rloulevard and Wolfe Road in a P (Planned Development with commercial intent) zoning district. First Hearing. Tentative City Council hearing date - May 16, 1983. MINUTES OF THE MAY 9, 1983 PLANNING COMMISSION MEETING PC-415 Page 7 Direccor of Planning and Development Sisk presenced a staff report Co che Commission regarding the application. Barbara Saleme from Just Games explained to the Commission the location of the video arcade in the Sears store and the number of games chaC would be placed chere. A question and answer period ensued between the Commission and Ms. Saleme regarding various aspects of the arcade. Lewis Sims, a representative of Golden Pacific and Sears stated to the Commission that there had been no problems with the video arcade games in any of che Sears stores and explained chat each arcade was run by an attendant. He went on to read a pro-video game article quoting Pres. Reagan. Walter Ward, General Manager, Valleo Park, stated to the Commission that Valleo Park and the merchants were opposed to the application and proceeded to-list the reasons for their opposition. Mr. Don Schroder, president of the Valleo Merchants Association, state to Commission that at a recent meeting of the merchants, the consensus was that the games were detrimental to business and to the customers. Steve Zarwell, owner of J. P. Jones in Valleo, stated to the Commissio chat he felc ic was the beginning of che end if arcade games were allowed at Vall co and that the merchants in Valleo did not want arcade games there. Patricia Parks who is in charge of advertising, marketing and public relations for Valleo Park, stated that the merchants had requested her to ask that they not grant permission for a game arcade and felt chaC a scudy should be done wich che Sheriff's Departmenc and che Police Department regarding problems involving video arcades. She quoted from Officer Franza from the Sheriff's Department and Officer Escobar from the San Jose Police Department regarding various problems with video arcades. Mr. Sims from Golden Pacific addressed the Commission reiterating the remarks that he had made earlier. Ms. Parks remarked to the Commission that Valleo was not against video arcade games, but that the problems with video arcade games were the main concern and also the problems outside of the store. Walter Ward stated that the Sears security would not go outside of the building and that one of the main concerns was the cost of patrolling the outside areas. Mr. Bart Price representing Just Games, Inc. addressed the Commission stating that he has had no problemS in the five years he has been with Just Games and that there was no place today for the young people to ~. PC-4l5 Page 8 ~blic hearing losed 3-U-83 recom- mded for ~nial MINUTES OF THE MAY 9, 1983 PLANNING COMMISSION MEETING Mary Morrisey of Fashion Conspiracy addressed the Commission concerning problems in other shopping centers regarding video arcades. Bill Saleme reiterated his statements. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to close the public hearing. Com. Claudy stated he was against an arcade near the street. Commission discussion ensued regarding video games. It was moved by Com. Blaine, seconded by Com. Binneweg and passed with Com. Koenitzer dissenting to recommend denial of Application 13-U-83. UNFINISHED BUSINESS - None NEW BUSINESS - None REPORT OF PLANNING COMMISSION Commission discussed the garbage dump behind Bateh Bros. liquors. REPORT OF PLANNING DIRECTOR - None The meeting was adjourned at 12:37 a.m. ATTESTED APPROVED ~ -0 . / 'd~/~ City Clerk --