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PC 09-09-91 CITY OF CUPERTINO, STATE OF CALIFORNIA J0300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 9, 1991 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman Mackenzie Vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austin staff Present: Robert Cowan, Director of Community Development ciddy Wordell, City Planner Michele Bjurman, Planner II Cheryl Kershner, Deputy City Attorney Com. Fazekas arrived at 6:50 p.m. APPROVAL OF MINUTES: SECOND: VOTE: ABSTAIN: Com. Mahoney moved to approve the minutes of August 26, 1991, as presented. Com. Mann Passed 4-0 Chr. Mackenzie MOTION: POSTPONEMENTS OR NEW AGENDA ITEMS: - None WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 1. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the General Plan, including goals and technical analysis. staff Presentation: City report. She stated and hypothetical alternatives Planner Wordell presented the staff explained the analysis is base on for residential and non-residential PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 2 growth. At this hearing public utilities and service will be discussed. Schools She stated the school services are provided by Cupertino, Fremont- union School Districts and De Anza College. Cupertino has had a decline in enrollment of schools which has resulted in the closure of schools. Ms. Wordell stated all the districts can accommodate the scenarios. She reiterated the comments regarding the scenarios as outlined in the staff report. Library The Library reported they can serve the alternatives. They stated there would be a need for increased space and materials. Gas & Electric Ms. Wordell stated they could serve but would require upgrading the station. the hypothetical alternatives, station and a new regulator Waste Water Sanitary System It is provided by cupertino and Sunnyvale Sanitary District, Sunnyvale service's the unincorporated area. She explained the capacity needed as outlined in the staff report. The maximum scenario can be accommodated. Solid Waste cupertino has adequate capacity at the land fill site. Recycling will be mandatory. The policy options are to continue recycling and public education. Water Services Ms. Wordell pointed out the service areas in Cupertino. The Water District can meet the scenarios. The conclusions are reached on a normal condition situation. California Water Service is meeting the required standards, but the Fire District raised concerns to its adequacy. The City will work with both the Water District and the Fire District to try and resolve water pressure problems. Staff will continue conservation efforts as outlined in the Santa Clara Valley Water District Drought Plan and county-wide Water Use Reduction program. Mr. Clay Scofield, California Water District, expressed confusions as to the process of the hearings. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 ·Page 3 Com. Mackenzie explained the General Plan review. He noted the issue is the capability of providing water to new residential developments. Mr. Scofield stated there would be no difficulties in supplying water. In response to Com. Fazekas' question regarding low pressure areas, Mr. Scofield stated the areas identified are the high point in the system. He stated the flow of water is brought into Cupertino using a gravity fence system. The higher the land the pressure drops. In response to Com. Mann's question, Mr. Scofield stated the water system can be designed to serve anyone. The source of supply is no problem. Com. Austin expressed concern regarding pressure. Mr. Scofield explained the difference between flow and pressure. He stated there may be low pressure, but high volume for fire protection. Schools Com. Fazekas encouraged traffic improvement around De Anza College, noting there is a need to look at more options. He would encourage on-site housing or re-zoning areas to develop increased residential housing within walking distance of the college. Access into the College was discussed. proposed access. Ms. Wordell po~~ted out the In response to Com. Mahoney's question, housing on the College was discussed, with no definite time frame. Ms. Wordell stated on-site but were long range plans Com. Fazekas suggested housing close to the SRO category. He suggested the City work with the school district to see what type of housing is needed. This could be off-site housing and meet the low income levels. In response to cupertino School and state funds. Chr. Mackenzie's question, Ms. Wordell stated District would get their funds from property taxes Chr. Mackenzie expressed concern regarding this. Com. Austin stated the state gives funds for each student. Mr. Cowan stated they will have the fiscal analysis at the next meeting and will look at the land use options from the point of view of the City's perspective. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 4 Libraries In response to Com. Fazekas question Ms. Wordell stated when the Library Commission testified before the Planning Commission they indicated they would like additional space. She noted the Library Commission can accommodate with their existing space after seeing staff's alternatives. Com. Mann felt there is a need for satellite libraries or another building. Com. Fazekas stated the City should investigate ways in which the city can have a financial interest in the library. He also requested seeing the possibilities of cultural centers or a children's museum in the city. He suggested the City work with Computer companies to achieve this. This could tie in with the downtown concept. Gas & Electric Com. Fazekas questioned the conversion to natural gas. Mr. Cowan stated there are no programs in Cupertino at this time. Solid Waste Corn. Mahoney questioned the term "Reduction". there would actually be a reduction of waste. He did not feel Com. Fazekas stated it is a reduction in that it does not end up in the land fill. The Commissioners discussed the reduction of waste and recycling. - " Com. Austin asked if the recycling program should be implemented every week? She also requested information on the fiscal impact. Ms. Wordell stated this could be looked into. The public hearing was opened. Mr. Phil zeitman noted the School District indicated they would have an increase in enrollment within the next few years. They will need more buildings as well as teachers. Mr. Zei tman commented on the Solid Waste. Chr. Mackenzie continued this hearing to the Meeting of September 23, 1991. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 5 2. Application No(s): Applicant: Property Owner: Project Location: 29-U-85 (Amended) Great Success School First Baptist Church of Cupertino 10505 Miller Ave. USE PERMIT (Amended) - Revision to allow a school activity in an existing church building. Staff Presentation: Planner Bjurman presented the staff report. She noted the request is to occupy the 2nd floor of building No.2. It will serve students from elementary, junior high and high school level. The instruction will be Monday thru Saturday. Ms. Bjurman stated the only possible problem is an overlap of church and school activities on Wednesday evenings between 7:00 -7:30 p.m. Staff did not feel this was a major problem. She stated a condition would require the North parking lot to be re-striped to bring back in conformance with state handicap requirements prior to occupancy. An arborist report is required by staff for the existing Redwood tree on the site. Applicant Presentation: Mr. Joseph LaPage, Co. Manager of School, explained the schedule of the students. He noted most arrive before 4 p.m. and leave before 6 p.m. Mr. LaPage requested the flexibility to increase the numbers to 50 students, 10 teachers and 2 managers. He suggested staff monitor this so the parking requirement is not exceeded. In response to Com. Mahoney and Com. Austin's questions, Mr. LaPage stated it will be mostly elementary students and the activity is for immigrant students who need additional help with their studies. Mr. LaPage requested re-painting the 75 parking spaces which are on the lot and in 6 months, when they reseal the parking lot, they will then strip for 81 spaces. Chr. Mackenzie closed the public hearing. In response to Com. Fazekas' question regarding the increase in students and teachers Ms. Bjurman stated they would require another 26 parking spaces. She stated a way to control this would be to approve it with 50 students, but no greater than 30 high school students on a Wednesday evening. Chr. Mackenzie stated the risk is on a Wednesday evening at this time, but the Church could change activity. Deputy city Attorney Kershner stated if parking becomes a problem the Planning commission can review it and either decrease the students or increase the parking spaces. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 6 Planner Bjurman stated the parking lot should be re-stripped now, because many of the parking spaces are non-existent. Com. Austin question fire safety? Ms. Bjurman stated the applicant did meet with Central Fire and the building is acceptable. The Planning commission agreed to allow Mr. LaPage to re-strip the 75 parking spaces and in 6 months re-strip for 81. SECOND: VOTE: Corn. Austin moved to approve application 29-U-85 subject to the findings and subconclusions of the hearing with the following modification: increase to 50 students, 10 teachers and 2 managers; if there is a parking problem as determined by staff the Planning Commission shall have the ability to conduct a public hearing to determine the adequacy or inadequacy or parking and if deficient shall require the applicant to increase the parking supply or reduce the intensity of use; the applicant may defer the 81 parking spaces for 6 months. Corn. Mann Passed 5-0 MOTION: 3. Application No(s): Applicant: Property Owner: project Location: 9-U-91 Tait & Associates BP oil Co. 19550 Stevens Creek Blvd. USE PERMIT to convert 154 s.f. of existing office area to allow retail sales of pre-packaged food and drink items. Staff Presentation: Planner Bjurman presented the staff report. She noted the intent is to covert existing office into a convenience mart. In 1987 the site received approval for a 24 hour use. The auto repair shop would operate from 7 a.m. to 9 p.m. Ms. Bjurman pointed out the parking issues noting where the parking spaces will be located as outlined in the staff report. She noted there is a condition that the landscaping be refurbished throughout the site subject to ASAC approval. She noted the pre-pay system should be instituted after 11 p.m. Applicant Presentation: Mr. Bryan Duffy, BP Oil, noted he agreed with the staff report and requests approval. In response to Chr. Mackenzie's question Mr. Cowan stated Sedgwick School is the closest. In response to Com. Fazekas' question, Ms. Bjurman stated when comparing this site to other sites in the area it is compatible in size. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 7 Mr. Duffy stated when the property is re-stripped there will be more that 10 parking spaces. He stated the ABC license prohibits sale thru a pre-pay window after 11 p.m., therefore there will be no sale of alcohol after this time. Com. Mann requested that the decorative rock be replaced with vegetation. Com. Fazekas concurred. He stated lush landscaping which conforms to the Xeriscape Guidelines. The public hearing was opened. Chr. Mackenzie closed the public hearing. SECOND: VOTE: Com. Fazekas moved to recommend approval of application 9-U-91 subject to the findings and subconclusions of the hearing with the following modification: Condo 9, the decorati ve rock be replace with trees and appropriate shrubbery subject to ASAC approval Com. Austin Passed 5-0 MOTION: 4. Applicant No(s): Applicant: Property Owner: Property Location: 4-V-91 Philip M. Lenihan Same 21841 Almaden Ave. VARIANCE request to the following sections of Ordinance No. 1449: sections 8.1: Building Coverage; 8.2: Floor Area Ratio; 8.3.1(a); Front-Minimum; 8.4.1(a): Front-Minimum; 8.4.3(a): Setback (Surcharge); 10.1.4 and 10.1.7; Setbacks and Height, Detached Accessory buildings; 12.1: Extension Along Existing building Lines. staff Presentation: Planning Director Cowan presented the Vicinity Map outlining the applicant's residence. He stated the house is close to the street. The Council put the exception request on hold pending the application for a Variance. Mr. Cowan stated the request is to obtain a Variance for the front and side yard setbacks. Mr. Cowan reiterated the Variance request as outlined in the staff report. The building code issue can be resolved with a fire wall. He noted after reviewing possible solutions staff support the Variance request. In response to Com. Mahoney's question regarding the '_0' of right- of-way between the curb and property line, Mr. Cowan stated it was for sidewalks and utilities. Applicant Presentation: Mr. Phil Lenihan, 21841 Almaden Ave. stated he is in concurrénce with the staff report. The public hearing was opened. '. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 8 Chr. Mackenzie closed the pUblic hearing. Com. Fazekas stated this is good architecture, the 2nd story is not imposing. He noted he can make the findings for a variance based on the size of the lot. The house fits the site and the area. Com. Mann and Com. Mahoney concurred with Corn. Fazekas. Com. Austin stated she is not in favor of this application. She feels the house is too large for the site. Chr. Mackenzie suggested 2 findings be added to the resolution: 1. The house is in Monta vista and has unique characters 2. This is the remodel of an existing house and garage which do not meet current setbacks. MOTION: Com. Fazekas moved to recommend approval of application 4-V-91 subject to the findings and subconclusions of the hearing with the additional two findings as suggested by Chr. Mackenzie. Com. Mahoney Passed 4-1 Com. Austin SECOND: VOTE: NOES: OLD BUSINESS 5. Application 8-Z-90 - Judv Chen: Referral from the Council to the Planning commission for a report recommendation of Rezoning approximately .41 Gross Acre R3 Zone to P (Res) Zone; Located at 7359 Rainbow Drive. City and from Staff Presentation: Planning Director Cowan presented the staff report. He noted the Planning commission recommended denial for a previous zoning application for this project. He noted the Council did approve the first reading of the Ordinance and the second reading has been held so the applicant can look at ways to acquire the parking spaces required. The applicant has been looking at the possibility of acquiring the property to the West. The applicant is also looking into buying property from Cal-Trans. He stated the Traffic Engineer looked at the access and it was acceptable. Mr. Cowan presented the conceptual plan to the Commission. He noted the Council found the plan acceptable, but required ~ore parking spaces. In response the applicant presented a ne./ plan, which relocated one unit and then buy surplus property from Cal-Trans to supply the parking required by Council. Staff recommend approval if more parking spaces are created. In response to Com. Mann's question, Mr. Cowan stated the density will not be changed, there will be 10 units. PLANNING COMMISSION MINUTES Regular Meeting of september 9, 1991 Page 9 Com. Mann pointed out item 4 on page 2 is incorrect and should read "...two of these apartments shall be two bedroom..... Com. Mann recommended that all four apartments be restricted. Applicant Presentation: Mr. Louis Green, Hamil ton Ave., Palo Al to, noted he agreed with the staff report. He noted they have not concluded meetings with Cal-Trans, but got indications that they will be able to acquire the surplus property. He stated it is a benefit to the City to redevelop this site. In response to Com. Fazekas' question Mr. Green stated Cal-Trans will retain the easement, but this does not prohibit parking. Mr. Cowan stated there was an issue in terms of being able to zone this property. He noted the question is, can this be zoned PD without the assurance that the property will be acquired by the applicant? He suggested holding the second reading of the Ordinance until the negotiations are settle. Mr. Green stated he does not feel the negotiations will be a problem, it was indicated they will not transfer title until construction is completed. Chr. Mackenzie questioned if there were any changes from the plan approved by Council. Mr. Green stated there are no changes at this time, but this is only a conceptual plan. Com. Austin expressed concern regarding playground areas. Com. Mackenzie suggested sending a report to Council, noting all the Planning Commission's original concerns remain, but the parking is now adequate. Com. Fazekas pointed out changes in the Conceptual Plan. On unit C D C D the front setbacks has been decreased; the rear yard size has increased and the height above the sidewalk level is higher; the units seem to be bigger. He stated he is hesitant to comment on PD zoning at this time. Mr. Cowan stated Cupertino allows a two part application for a PD. Develop a conceptual zoning plan which shows the traffic circulation as well and the land use type and intensity. Then come back with a more detailed use permit. PLANNING COMMISSION MINUTES Regular Meeting of September 9, 1991 Page 10 Chr. Mackenzie suggested sending a report to Council with the following concerns: - Cheek Wall - Fence facing street - Overall height - depressed garage - Interior landscape enhancement - vertical envelop - highly visible - 19ft. or 20ft. between second story windows - Privacy issues, should be 30ft. between windows - Less light and air between units than previous plan as result of one unit being relocated In response to Com. restricted apartments, 3 rather than 4. Mahoney's question regarding the deed Mr. Cowan stated the Council deed restricted Mr. Green stated the original proposal was to provide 4 rental units, not to be deed restricted. It was staff who recommended four be deed restricted and Council required three. Com. Fazekas stated the PD zoning should not be given without the purchase of the Cal-Trans property. Mr. Cowan reiterated the concerns of the Planning commission noting major points are lack of specificity and to make sure the property is acquired or contracted prior to 2nd reading of the ordinance. Chr. Mackenzie stated the backs of the units are facing the street which the General Plan is trying to avoid. SECOND: VOTE: Com. Fazekas moved to above concerns of the Com. Austin Passed send a report to Council with the Commission MOTION: 5-0 REPORT OF THE PLANNING COMMISSION: - Com. Fazekas reported on the T2010 Plan. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - Mr. Cowan noted the next meeting of the Grand Blvd. Committee. DISCUSSION OF NEWSPAPER CLIPPINGS: - Development of Hotels was discussed