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PC 09-13-82 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 PC-397 Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMì1ISSION HELD ON SEPTMBER 13, 1982 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Chairperson Claudy called the meeting to order in Council Chamber at 7:35 p.m. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Adams, Binneweg, Blaine, Koenitzer, Chairperson Claudy Staff Present: Director of Planning and Development Sisk Assistant Planning Director Cowan City Attorney Kilian Associate Planner Piasecki Senior Clerk Stenographer Wolfe APPROVAL OF MINUTES Minutes of Regular Meeting of August 23, 1982 - Com. Koenitzer: On page 5, after paragraph 3, add: "Chairperson Claudy pointed out that over half of the City's ABAG allotment of houses would have to be sub- sidized." Also, add, "Com. Blaine suggested the possibility that the Commission consider an apartment zone. II It was moved by Corn. Blaine, seconded by Com. Koenitzer and passed unan- imously to approve the August 23 minutes as amended. Minutes of Regular Adjourned Meeting of August 25, 1982 - It was moved by Com. Adams, seconded by Com. Blaine and passed unanimously to approve the August 25 minutes as submitted. Minutes of Regular Adjourned Meeting of August 30, 1982 - It was moved by Com. Adams, seconded by Com. Blaine and passed with Chairperson Claudy abstaining to approve the August 30 minutes as submitted. Minutes of the Regular Adjourned Meeting of September 1, 1982 - Com. Blaine: Page 2, paragraphs 7 and 9, change IIMailer" to "Naylor." 4, priority list for parks, combine Items 1 and 2 and reverse Items and C. Chairperson Claudy: Page 1, it was Com. Adams who left the meeting at 9:40 p.m., not Chairperson Claudy. Page B It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unan- imously to approve the September 1 minutes as amended. WRITTEN COMìfUNICATIONS: None PG=397 P 2 MINUTES OF THE SEPTEMBER 13, 1982 PLANNING COlll1ISSION MEETING ORAL COMMUNICATIONS: None PUBLIC HEARINGS 1. Applications ll-Z-82 and l2-TM-82 of Andrew Jara (George Somps, et al): Rezoning approximately 1.8 gross acres from CG (General Commercial) zone to P (Planned Development with Commercial/Office use intent) zone or whatever zone may be deemed appropriate by the Planning Commission; Tentative Map to subdivide approximately 1.8 acres into two parcels ranging in size from 28,000 sq. ft. to 49,000 sq. ft. and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the north side of Stevens Creek Boulevard approximately 200 ft. west of Blaney Avenue between Blaney Avenue and Randy Lane. First Hearing. Assistant Planning Director Cowan reviewed the applications with the Commission. Commission members discussed parking and ingress/egress. Andrew lara, architect representing the owners, was present to answer questions, and stated that he had met with the homeowners to the rear of the property to explain the concept of the proposed building with them. Mr. William Clark, 20054 Wheaton Drive, stated that he felt the view of a two story building would be an awesome sight from the residents' yards. He said there were three two-story homes behind the property and the rest were one-story. He felt that trees used for visual ob- struction of the building might cut off the sun from pools using solar heating. Assistant Planning Director Cowan reminded those present that tonight's rezoning discussion should not get involved with such design details as privacy techniques at this stage of the application. 11r. Jara responded to Mr. Clark's comments by reviewing some techniques that could be used to alleviate any problems. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. The consensus of the Commission was that they did not feel there would be much impact on the dwellings and that potential concerns would be addressed at the use permit stage. It was moved by Com. Koenitzer, seconded by Com. Adams and passed unanimously to accept the Negative Declaration of the Environmental Review Committee. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend approval of Application ll-Z-82 per staff memo of September 9, 1982 with the Standard Conditions and Conditions 15-24, findings and subconclusions of tonight's meeting. MINUTES OF THE SEPTEMBER 13, 1982 PLANNING CO!1MISSION MEETING PC-397 Page 3 It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend approval of Application 12-TM-82 per Standard Conditions and Conditions 15-18 of staff memo, findings and subcon- clusions of tonight's meeting. Assistant Planning Director Cowan announced that the tentative City Council hearing date was October 4, 1982. UNFINISHED BUSINESS 2. Application 7-U-82 of Consuelo C. Moreno: Referral to Planning Commission to consider new information. Chairperson Claudy reviewed the previous hearing and decision regarding this application, stating that the Commission had recommended denial of the application. He said that the applicant had indicated that she had new information to present. Commission members reviewed the written information presented by Consuela Moreno, applicant. City Attorney Kilian stated that the new information presented by the applicant stated that if her interpretation of the Government Code section regading health and safety was correct, no use permit is re- quired. It was moved by Com. Blaine, seconded by Com. Adams and passed unan- imously to continue this item until after the next agenda item so that the City Attorney could review the applicable Code section. NEW BUSINESS 3. David McLeroy: Request for interpretation of an air cooled engine repair within a Planned Commercial district. Director of Planning and Development Sisk reviewed the application with the Commission and stated that they should try to make a deter- mination as to whether or not the repair of air cooled engines has ex- isted in the past as a non-conforming use. The City Attorney stated that if it is a use that is non-consistent with the zoning in the area, it is incumbent upon the property owner to prove that it is a legal non-conforming use (prior to the enactment of the relevant ordinance), and stated that if the Commission finds that this is not a legal non-conforming use, it would have to be set for hearing for a use permit. Mr. Sisk stated that it is assumed that the gas station exists as a legal non-conforming use as a gas station built in the County and annexed to the City. PC",397 P 4 MINUTES OF THE SEPTEMBER 13, 1982 PLANNING COMMISSION MEETING Following disucssion by the Commission, Chairperson Claudy stated that it appeared to him that the repair of small engines is not within the normal constriants of what is defined as a service station, and that therefore he did not find it a legal non-conforming use, and the burden of proof is on the applicant. Mr. Peter Kline, representing Greenleaf Landscape Management and Mr. Quinterno, property owners, and Mr. Gachina and Mr. McLeroy, occupants, stated that there were three ways to look at the question of whether the small engine repair is a service station type use. 1. The service station, as an adjunct to its business, as an integral part of it, repairs engines on a small scale. 2. The service station is in the business of servicing engines, and the lawnmower repair is SerVl.Clng engines. 3. What they are asking is a less intensive use for a building as set forth in the non-conforming use ordinance. Mr. Dave McLeroy, 21920 Hermosa, stated that they are trying to the station viable by doing more small engine repairs. He said station is a historical landmark and many people depend on it. trying to cut down on auto repairs because of money losses. keep the They are Discussion followed as to whether or not the proposed use is an expanded use and whether the applicant should seek a use permit. Chairperson Claudy polled the Commission as to how they wanted to handle this issue. Com. Binneweg took the position that is has been a legal non-conforming use but felt that they should apply for a use permit or continue at the level they are at. Com. Blaine said she would like to see a use permit request. Com. Adams expressed his opinion that a use permit should be applied for. Com. Koenitzer said he would like to see more evidence that this use is an existing one and wants a use permit for small engine repair so that concerns such as noise levels can be discussed. Chairperson Claudy informed Mr. Kline that it is the unanimous feeling of the Commission that they apply for a use permit. City Attorney Kilian informed Mr. Kline of his right of appeal. 2. (continued from earlier in meeting) City Attorney Kilian read from two sections of the Health and Safety Code dealing with "family day care homes for children" and "day care facilities for children." He was requested by the Commission to contact the State Department of Social Services to find out if there is a difference between the two types of day care facilities mentioned in the code. MINUTES OF THE SEPTEMBER 13, 1982 PLANNING CO!~IISSION liEETING PC-397 Page 5 Com. Koenitzer made the point that the Comission's denial of the use permit was because of concern with traffic, and asked if the circular driveway proposed by the applicants would be enough to alleviate these concerns. It was moved by Com. Koenitzer, seconded by Com. Binneweg and passed with Com. Blaine dissenting to approve Application 7-U-82 per 14 Standard Conditions; Conditions 15-17 of staff memo; new Condition 18 requiring that a circular driveway be provided; findings and subcon- elusions of tonight's meeting. RECESS: 9:05-9:20 p.m. PUBLIC HEARING 4. Application l-GPA-80 of City of Cupertino: General Plan Amendment to consider a compehensive amendment of the City of Cupertino General Plan and a Specific Plan for the Stevens Creek Boulevard Planning Area. The General Plan Amendment will concentrate on land use, traffic circulation, housing and economic issues which affect the entire community. The Stevens Creek Boulevard Specific Plan will concentrate on the development of a more detailed land use, circulation and urban design plan for properties which abut the reach of Stevens Creek Boulevard between Stelling Road on the west and Stern Avenue on the east. First Hearing continued. Chairperson Claudy explained that the focus of the meeting would be on Housing and Land Use/Community Character, and that tonight's dis- cussion would last no later than 11:00 p.m. Commission discussed the chart entitled, IITentative Planning Commissio Recommendations Land Use/Community Character Summary. II Chairperso~ Claudy said he believes that Commission must be explicit on the housing to be built in Town Center. Assistant Pla~~ing Director Cowan explained that in filling in blanks in the Summary chart, staff was trying to expedite the hearing process and provide a more realistic IIhigh end" plan to test economic feasibil ity. He emphasized that the chart and map are tentative positions and the staff had made some interpretations. The chart was discussed further, including intensity in Town Center, height limit~tions (including the hotel in Vallco) and FAR. Commission also discussed a chart showing various alternatives for jobs/housing balance. Mr. Cowan commented on the procedure of tonight's meeting stating that Commission could either firm up their philosophical position regarding community character and then begin to test that based upon housing, traffic and fiscal impacts or decide on the jobs/housing issu and then get back to the community character issue. He informed PC,,397 P 6 !lINUTES OF THE SEPTEMBER 13, 1982 PLANNING COMMISSION MEETING the Commission that Director of Public Works Viskovich will make a presentation Wednesday at the meeting regarding traffic impacts associated with the modified increased plan. It was explained that the term on the chart "employed residents" meant the needed housing for the number of jobs at each level. Chairperson Claudy stated that the question that might be raised is does Commission want to take an approach of deciding what they are going to permit to City to be like, and let the jobs/housing balance fall where it may as a result or alternately, do they pick a target jobs/housing ratio and create a plan to achieve that. Com. Koenitzer felt that 1.4 jobs/housing ratio is too high and would result in exporting people problems to somebody else, increasing traffic problems and possibly ending up with nothing because people will not put up with it and will not come here. He proposed a ratio of around 1.25. Following discussion, Com. Adams proposed that Commission accept staff's approach No.4 from the September 10, 1982 memo to the Commission from Assistant Planning Director Cowan, which reads, "Combine the philosophical approaches in 1, 2 and 3 and develop IIreasonablelT balance and "reasonable" mitigation measures to increase supply and affordability for moderate income employees." Commission discussed tradeoffs in terms of the jobs/housing balance (fiscal benefits, traffic, etc.) Commissioners Binneweg and Adams both questioned whether the revenues from the increased buildout in jobs would pay for the costs anticipated in taking care of the traffic situation. Mr. Cowan stated that at the Wednesday night meeting a summary will be presented on how each land use performs fiscally. Com. Blaine said she would like to consider adopting a jobs/housing balance of 1.3 which would not change the character of the community very much and jobs could be created in the revenue producing area. She said she also believes that the majority of citizens want a hotel in Cupertino. Chairperson Claudy stated his preference for the maximum amount of commercial the City can absorb. Discussion followed regarding the Mariani property. Claudy polled the Commission regarding their opinion on the appropriate land use for the Mariani site. Koenitzer - Residential. Adams - Likes residential, but because it is close to the freeway and De Anza Boulevard, he would consider listeinging to a mixed use approach which balanced jobs and housing. MINUTES OF THE SEPTElffiER 13, 1982 PLANNING COI1MISSION ¡ŒETING PC-397 Page 7 Blaine - Would like to see housing. She stated a willingness to wait for economic conditions which will support housing. She in- dicated that the jobs will not be created within the next two years, and if the jobs are created, housing will sell because people will have to have a place to live. Binneweg - Housing plan retained, feels it is a good location for it. Claudy - Thinks the Mariani site is the most appropriate site in the City for high density housing and thinks it is the only appropriate use there. By consensus, the Commission directed on a job/housing balance of 1.3. The heights, FAR's and revenues (option). a 1.8 employed residents per houshold staff to prepare a plan based plan should describe densities, Staff was instructed to use factor. The meeting was adjourned at 10:50 p.m. to 7:30 p.m., Wednesday, September 15, 1982. APPROVED: ATTEST: ~ ;? / . ~!:L'7 Ci ty Clerk .