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PC 08-09-82 " CITY OF CUPERTNO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON AUGUST 9, 1982 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Chairperson Claudy called the meeting to order at 7:33 p.m. in the Council Chamber, City Hall. SALUTE TO THE FLAG ROLL CALL Commissioners present: Commissioners absent: Blaine, Koenitzer, Chairperson Claudy Adams, Binneweg Staff Present: Assistant Planning Director Cowan City Clerk Cornelius Associate Planner Piasecki City Attorney Kilian (7:45 p.m.) APPROVAL OF MINUTES: Minutes of regular meeting of July 12, 1982 - It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to approve the July 12, 1982 minutes as submitted. I I 1 PC-393 I P age I ! I ! I ~ \ I , 'I ~ ! ~ ¡ i ~ I . ï I July 12 minutes approved Minutes of adjourned regular meeting of July 14, 1982 - It was moved July 14 minutes by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) approved to approve the July 14, 1982 minutes as submitted. POSTPONEMENTS OR NEW AGENDA ITEMS: None WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None PUBLIC HEARINGS 1. Application 7-Z-82 of Lynch-Mikulaco: Prezoning approximately .24 gross acre from Santa Clara County ML (Light Industrial) zone to ' City of Cupertino ML (Light Industrial) zone or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: The Enviromental Review Committee recommends the granting. of a Negative Declaration. The subject property is located on the southeast corner of Imperial Avenue and Olive Avenue approximately 450 ft. south of Lomita Avenue. First Hearing continued. Tenta- tive City Council hearing date - September 7, 1982. PC-393" Pye2 Public hearing closed Negative Dec. for 7-Z-82 7-Z-82 recommended for approval Negative Dec. for 8-Z-82 8-Z-82 recommended fro approval Minute Order to ASAC MINUTES OF THE AUGUST 9, 1982 PLANNING COMMISSION MEETING 2. Application 8-Z-82 of Michael Lynch: Zoning approximately .15 gross acre to the City of Cupertino ML (Light Industrial) zone or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: The project was previously assessed, hence, no action is required. The subject property is located at the end of Olive Avenue on the east side of Imperial Avenue. This is a portion of the abandoned right of way of Olive Avenue. First Hearing continued. Tentative City Council hearing date - September 7, 1982. Associate Planner Piasecki reviewed the applications with the Commission. Michael Lynch, applicant, informed the Commission that eventually he did plan redevelopment. He stated that he could stay in the County and keep a mechanic in the building complex. (City Clerk's Note: City Attorney Kilian arrived at 7:45 p.m.) Ann Anger spoke in favor of the application as did Wes Phillips (both Manta Vista residents). It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to close the public hearing. The Commission discussed sending a Minute Order to ASAC recommending that improvements that the County would require with a change of use would be the minimum acceptable to the City. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to recommend the granting of a Negative Declaration for Application 7-Z-82. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to recommend approval of Application 7-Z-82 per Planning Commission Resolution No. 2330 with findings as per the meeting of August 9, 1982. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to recommend granting of a Negative Declaration for Application 8-Z-82. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to recommend approval of Application 8-Z-82 per Planning Commission Resolution No. 2332. It was moved by Com.Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to send a Minute Order pertaining to Application 7-Z-82 recommending that ASAC review the site and that the City Council require at least the improvements that would be required by the County prior to annexation of the area. MINUTES OF THE AUGUST 9, 1982 PLANNING COMMISSION MEETING 3. Application 9-Z-82 of Leisure Living (Bob Walker): Rezoning approximately .15 gross acre from City of San Jose RI-B6 (Resident' 1 Single-family, 6,000 sq. ft. minimum lot size) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the east side of Weymouth Drive approximately 230 ft. north of Rainbow Drive at 1224 Weymouth Drive. First Hearing. Tentative City Council hearing date - September 7, 1982. Assistant Planning Director Cowan reviewed the application with the Commission. Vern Norquist, representing the contractor was available to answer any questions of the Commission. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to close the public hearing. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to recommend the granting of a Negative Declaration for Application 9-Z-82. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to recommend approval of Application 9-Z-82 per Planning Commission Resolution No. 2333. 4. Application ll-TM-82 of Kevin Fisher (Anthony Reyes): Tentative Map to consolidate three parcels consisting of approximately .25 acres into one parcel and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the northwest corner of Imperial Avenue and Lomita Avenue in a ML (Light Industrial) zoning district. First Hearing. Tentative City Council hearing date - August 16, 1982. Associate Planner Piasecki reviewed the application with the Commission. It was moved by Com. Blaine, seconded by Corn. Koenitzer and passed unanimously (3-0) to close the public hearing. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to recommend approval of Application ll-TM-82, Conditions 1-16 per Planning Commission Resolution No. 233~ findings and subconclusions per staff report dated August 4, 1982. PC-393 Page 3 Public hearing closed Negative Dec. for 9-Z-82 9-Z-82 recommended for approval Public hearing closed ll-TM-82 recommended for approval P 93 Pa~e 4 Public hearing closed Negative Dec. for 10-Z-82 1~-~-82 recom- ~ Æd for approval MINUTES OF THE AUGUST 9, 1982 PLANNING COMMISSION MEETING 5. Application 10-Z-82 of Gary and Sally Conner: Prezoning approxi- mately .15 gross acre from Santa Clara County Rl-8 (Residential Single-family, 8,000 sq. ft. minimum lot size) zone to City of Cupertino Rl-7.5 (Residential Single-family, 7,500 sq. ft. minimum lot size) zone or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the east side of Byrne Avenue approximately 66 ft. north of Lomita Avenue and 156 ft. south of Hermosa Avenue (10168 Byrne Avenue). First Hearing. Tentative City Council hearing date - September 7, 1982. Assistant Planning Director Cowan reviewed the application with the Commission. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to close the public hearing. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously (3-0) to recommend the granting of a Negative Declaration for Application 10-Z-82. It was moved by Com. Koenitzer, seconded by Corn. Blaine and passed unanimously (3-0) to recommend approval of Application 10-Z-82 per Planning Commission Resolution No. 2335, and staff report dated August 4, 1982. 6. Applications 24-U-80 (Revsied) and 17-TM-80 (Revised) of Wayne Sargent: Modification of a previously approved use permit for a three lot subdivision to modify the means of access including emergency access to Parcel Three and eliminate a bicycle/pedestrian easement located along Regnart Creek. Access to Parcel Three is proposed over an easement on Parcel Two which fronts on Orogrande Place. Environmental Review: The project was previously assessed, hence, no action is required. The subject property is located on the north side of Orogrande Place approximately 450 ft. westerly of Stelling Road in a P (Planned Development with Residential Single-family intent) zoning district. First Hearing. Tentative City Council hearing date - August 16, 1982. Assistant Planning Director Cowan reviewed the history of the applica- tion with the Planning Commission. Mr. Wayne Sargent, applicant, requested that the bike path require- ment be removed as a condition of approval. He also stated that the garage would be on the other side of Parcel 2 rather than as shown to the Commission in the exhibit. He stated that if the City wished a bike path, they could provide one. MINUTES OF THE AUGUST 9, 1982 PLANNING COMMISSION MEETING Maurice LaBrie representing the realtor involved in the sale of a parcel stated that the bike path would create an attractive nuisance and would be a security problem. He felt that the grade at the back of the lot would be a safety hazard for bicycle riders. He stated that parties presently interested in purchasing the property will not buy unless the bike path is eliminated. Mr. Sargent stated that the bike path was only required on his property and not on adjacent property. He requested that his conditions be the same as those of the adjacent property owners. Mr. Barry Scott, general partner, Regnart Creek Estates, spoke re- garding the easement and stated that it has been deeded to the flood control district. City Attorney Kilian stated that if the bike path would not be per- mitted by the flood control district and it were a condition of approv it could not be fulfilled. Mr. Sargent stated that he would like the bike path removed from his map as he does not want to be required to build it. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to continue this matter to the meeting of August 23, 1982 at which time it will be the first item on the agenda. The Commission requested clarification of the bike lane/pedestrian access on adjacent property and information regarding whether or not the flood control district would grant an easement for the path. Staff was requested to bring back information regarding Council intent on the Whaley/Scott bike path. 7. Application 10-U-82 of George Lopez and William Whitney: Modifica tion of a previously approved use permit to operate a 2,500 sq. ft. electronic game center and Environmental Reivew: The Environ- mental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the northwest corner of Stevens Creek Boulevard and Blaney Avenue in a P (Planned Development with commercial intent) zoning district. First Hearing. Tentative City Council hearing date - August 16, 1982. Associate Planner Piasecki reviewed the application and stated that the applicants were present. Mr. George Lopez and Mr. William Whitney presented Commission and present with a video tape regarding electronic games. thos~ ! " i RECESS: 9:25-9:30 p.m. f. r, , " ¡ , . , B 1 'I PC-393 ¡ Page 5 ~ , , :j ¡ 24-U-80 (Rev.) and 17-TM-80 (Rev.) con- tinued pr "93 p, 6 MINUTES OF THE AUGUST 9, 1982 PLANNING COMMISSION MEETING Mr. Lopez and Mr. Whitney stated that they do propose a family enter- tainment center. There would be an officer on duty plus one other adult to help prevent loitering. Abusive language would not be allowed, nor would food or drinking in the facility. Shirt and shoes would be required. During school hours, no one under 16 would be allowed without parental permission. They stated they have researched 28 electronic game centers in Santa Clara Valley including the one presently in Cupertino. They do not currently operate any facility such as this. Jerry Danzig, 19934 Wheaton Drive, stated that he has found no neighbor wanting such a "family centerll. Referring to the video tape presented, he stated that for every psychologist, lawyer and community leader stating that electronic games are good, it is possible to find those saying the games are bad. He stated that Cupertino is not like Chicago. Residents do not worry about gangs. Therefore comparing Cupertino to Chicago was not a good analogy. In reference to TV wathcing, he stated that upper middle class homes such as those in Cupertino do not benefit from television. He said MIT uses games in a controlled atmosphere. Eaton School is closing, children will be going back and forth and they are vulnerable. He believes that the center would attract children. He objected to a concentration of certain activities in that area. He further stated that some cities that have allowed such game centers have closed them. He requested the Commission not allow this electronic game center. Mr. William Clark, 20054 Wheaton Drive, stated that he was glad to see that the staff recommended denial of the center. He felt that it belonged in a place such as Vallco. He realized that young people do like the electronic games but locating one along Blaney would run down the neighborhood even more. Pat Ryan, 10355 Plum Tree Lane, stated that this would merely add more traffic and more bicycles. She stated that there is already harassment of young children going on. There are video games in the shopping center across the street and in the 7-11 store. She stated that both Hyde and Eaton Schools are concerned regarding facilities such as this. She requested that the Commission exert the ultimate control and deny the application. Dick Guglielmetti, 10158 Myer Place, stated that he lives immediately behind the 7-11 store. He has no particular problem with video games in general but expressed concern regarding the particular location of Blaney and Stevens Creek Boulevard. He expressed pleasure with staff recommendation of denial for the center at that spot. He felt it was particularly inappropriate and requested the Commission go along with the staff recommendation. Frank Young, 20074 Wheaton Drive, stated in reference to the applicant's statement that mothers could drop their children there when shopping, that there were not grocery stores in the area for shopping. MINUTES OF THE AUGUST 9, 1982 PLANNING COMMISSION MEETING It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to close the public hearing. Discussion followed regarding possible sites for such a center. The general feeling seemed to be that Vallco or the Crossroads would be more appropriate as would Brentwood Shopping Center. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously (3-0) to recommend denial of Application 10-U-82 with findings and subconclusions per Planning Commission Resolution No. 2336. UNFINISHED BUSINESS: None NEW BUSINESS 8. Discussion regarding Development Standards for industrial storage sheds. Associate Planner Piasecki asked what the Planning Commission's con- cerns are regarding storage sheds. Such things could be appearance, parking spaces, size, etc. Mr. Bob Hanson representing Braegen Corporation, stated that Braegen currently has 120 employees. In removing their modular trailers employees were brought into the main building and therefore a storage facility is needed so that manufacturing can continue inside the building. By consensus the Planning Commission stated that such requests for separate storage facilities should be reviewed by ASAC for appearance, landscaping and parking; in general it was not necessary to apply traffic intensity performance standards and parking standards with the addition of storage facilities; minor modifications such as additional storage space, or within a Planned Development zone, would not require use permit review; outdoor storage facilities shall be evaluated as an incidental use in light industrial and planned development with light industrial intent zones; and outdoor storage facilities will require an informal review by the Architectural and Site Approval Commit tee. Mr. Hanson was requested to contact the Planning Department regarding ASAC review of Braegen's proposed outdoor storage facility. REPORT OF PLANNING COMMISSION The Commission recommended a joint Planning meeting at their last meeting of September. purpose of reviewing the General Plan. The Commission/City Council This would be for the Planning Commission will I PC-393 I Page 7 Public hearing . closed 10-U-82 recommended for denial Separate storage facilities Joing meeting for review of General Plan