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PC 04-13-92 f1 . � . 5. • `/ 1 � �4 . : . . �. �y-. ! '( � �� CITY OF CiJPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue • Cupertino, CA. 95014 (408) 252-4505 I�II+IUTES OF THE REGUI�AR MEETING OF THE PLANNING COMKISSION . HELD ON APRIL 13, 1992 �ALUTE TO THE FLAG: � ROLL CALL: Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mackenzie Commissioner Mahoney Commissioner Austin Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Colin Jung, Associate Planner Bert Viskovich, Director of Public Works . Cheryl Kershner, Deputy City Attorney APPROVAL OF I�INUPES : MOTION: Com. Mahoney moved to approve the minutes of March 18, 1992, as presented � SEC�ND: Com. Mann VOTE: Passed 4-0 ABSTAIN: Com. Mackenzie MOTION: Com. Austin moved to approve the minutes of March 23, 1992, as presented SECOND: Com. Mann VOTE: Passed 4-0 ABSTAIN: Com. Mahoney MOTION: Com. Mackenzie moved to approve the minutes of March 30, 1992, as presented SECOND: Com. Mahoney VOTE: Passed 5-0 POSTPONEI+IIffi�1'PS OR NEfi+T AGENDA ITE�I�IIS : 1. Application 13-U-88 - Tandem Computer: Appli�ant requests withdrawal. WRITTEN COMMUNICATIONS: Mr. Gh. R. Damabeh Ms. Carol Gallagher PLANNING COMMISSION MINIITES Regular Meeting of April 13, 1992 Page 2 � OR1�iL COM�iiJI+iICATIONS : - None CONSEN'P CALSNDAR: -None � PUBLIC HEARINGS: 2. Application No(s): 1-M-92 Applicant: Melvin R. Hill, Inc. Property Owner: Shoji Kumagai Project Location: 21155 Orogrande Place MINOR MODIFICATION of a 306 s. f. addition to the rear of a family residence in a Planned Development zone. Staff Presentation: City Planner Wordell presented the staff report. She stated the proposal is to add a single story to the rear of the.property. Ms. Wordell presented a site plan map of the residence and outlined the proposed addition. She stated staff had requested other possibilities to mitigate the visibility to neighbors, but the applicant did not pursue this. She noted staff recommends denial. � The public hearing was opened. Apx�licant Presentation: Mr. Melvin Hill, Engineer, noted the reason for the extension. He presented a slide showing the visibility to the east. He feels the addition does not impact the area excessively and would be willing to place a hip roof and remove the window proposed to address privacy issues. Ms. Carol Kumagai, 21155 Orogrande Place, stated they need the addition to accornrnodate elderly parents, who can not climb stairs. She noted before they purchased the home they met with the Planning Department who said it may be possible to have the addition. She urged the Commission to approve the request. Mr. Peter Houle, 21167 Orogrande Place, outlined on an aerial map where his house is situated in regards to the proposed addition. He stated he is concerned about setbacks. He stated they were approached regarding this addition and were opposed to it at that tirne. He feels the property owners were mislead when they purchased the property. He noted he sent a letter to the Commission outlining his concerns. Mr. Houle expressed concern regarding privacy. Mr. Melvin Hill outlined the distance from the addition to the adjoininq buildings. He stated the building is approximately 5 ft. frorn the fence on the east side. PLANNING COKMISSION MINUTES Regular Meeting of April 13, 1992 . Page 3 Com. Mackenzie stated he is against the modification. He noted this. is a sub-standard lot and the FAR is the primary tool to avoid big houses on small lots. He stated PD zoning should not be used to get around the Rl Ordinance. ( Com. Austin stated it is too boxy. ' Chr. Fazekas closed the public hearing. Com. Mann stated large buildings on small lots do intrude on the neighbors. Com. Mackenzie suggested an additional finding, to read "Proposed FAR exceeds the City standards". MOTION: Com. Mann moved to deny application 1-M-92 subject to the findings and subconclusions of the hearing with an additional finding to read "Proposed FAR exceeds the City standards" . SECOND: Com. Austin VOTE: Passed 5-0 3. Application No(s): 1-V-92 � Applicant: Vai and Lily Vaden Property Owner: Same Project Location: 22701 San Juan Rd. � VARIANCE to section 8.3 and 8.4 of Ordinance No. 1449 (R-1) to reduce the front setback from 15 ft. to 5 ft. for the first story and from 25 ft. to 10 ft. for the second story for a new residence. , Staff Presentation: City Planner Wordell presented the staff report. She stated the discovery of the Monta Vista Fault line on this property has lirnited the buildable area. She noted this is the reason for the variance and staff recommends approval. The Public hearing was opened. Applicant Presentation: Mr. Val Vaden reiterated staff's comments regarding the fault line. He stated they are requesting an additional 10 ft. on the front of the property. He stated the building will only be 1 ft. higher if brought forward. He noted they can build a house between 2500,s.f. and 3000 s.f. He stated the original proposal was for a 3500 s.f. house. Resident, 22677 San Juan Rd�, stated the house could be built into . the hiil so as not to bring it forward. PLANNING COM�IISSION MINUTES Regular Meeting of April 13, 1992 Page 4 Mr. Steven Haze, San Juan Rd., stated the applicant has struggled to preserve the trees and screening and spoke in favor of the variance. Resident, stated if the house is brought forward it will irnpact her view. She noted she requested a variance for an additional bedroom � and deck and was denied. She expressed concern about her property � value decreasing. Mr. Terry Brown, Contractor, stated the applicant will meet the R1 Ordinance regarding height. He outlined the position of the existing residence as cornpared to the proposed residence. He stated if the applicant is not granted the variance it will be difficult to build a house. Mr. Vaden stated they are staying within the height limit. He noted the neighbors across the street are higher because the street level rises. He stated the proposed residence is an improvement to the neighborhood. Chr. Fazekas closed the public hearing. In response to Com. Mackenzie's question regarding height, Mr. Brown stated if the maximum height is 2 ft. lower this would be workable. Chr. Fazekas expressed concern about the fault line. He stated he would like to see plans before granting a variance. Com. Mann stated the variance criteria has been met and she has no concerns. Com. Mackenzie stated he is in favor of granting the variance, but would like to reduce the height 2 ft. to meet criteria 3. Com. Austin concurred, but would like to see plans. Com. Mahoney stated he is in favor of granting the variance. MOTION: Com. Mann moved to recommend approval of application 1-V- 92 subject to the findings and subconclusions of the hearing with the additional finding: Maximum height to be 26 ft. SECOND: Com. Austin VOTE: Passed 4-1 NOES: Chr. Fazekas PLANNING COMMISSION MINUTES Regular Meeting of April 13, 1992 _ Page 5 4. Application No(s): 2-V-92 Applicant: George Adzich Property Owner: Mr. and Mrs. Adzich Project Location: 21846 Granada Avenue ( VARIANCE to Section 8.3 of Ordinance No. 1449 (R-1) to reduce the setback from 10 ft. to 9 ft. on the south side of the . property for a new residence. Chr. Fazekas noted he will abstain from this item as he knows a person involved and handed the meetinq over to Vice Chair Mann. Staff Presentation: Planning Director Cowan presented the staff report and outlined the parcel on a site plan map. He noted the error was made by a Civil Engineer, and this is the result of the variance, as outlined in the staff report. He stated staff recommends approval. The public hearing was opened. Applicant Presentation: Mr. George Adzich, 21846 Granada Ave., noted he has followed all the guidelines when building his home and the error was discovered. He stated there will be no gain for him if the variance is granted. He stated his view has been obscured by moving one foot forward. I Mr. Tom Brinkoetter, 21861 Hermosa Ave., stated he has no objections to the variance. Mr. Markey expressed concern about property lines throughout Monta Vista. He stated many people do not know where the line is and staff should look into this. He stated he is against the variance and is concerned that it will set a precedence. Mr. Cowan stated that property owners are required to pay an engineer to identify property lines. He noted when the above dispute was brought to staff's attention, staff did place a stop work order on the building. In response to Com. Mackenzie's question, Mr. Cowan stated the City does r�ot require an official record for property lines, they are recorded with the County. He stated the Civil Engineer must locate the property line. City Planner Wordell noted that the City Engineer did verify that the property lines on the variance request are correct. Com. Austin stated this is an extraordinary circumstance and would support staff's recommendation. PLANNING COMlSISSION MINUTES Regular Meeting o€ April 13, 1992 Page 6 Com. Mahoney stated no views have been impacted and would support staff's recommendation. Vice Chair Mann closed the public hearing. MOTION: Cem. Austin moved to approve 2-V-92 subject to the � findings and subconclusions of the hearing with the removal of condition 2. SECOND: Com. Mahoney VOTE: Passed 4-0 ABSTAIN: Chr. Fazekas Chr. Fazekas returned to the meeting at this time. 5. Application No(s): 1-TM-92 Applicant: Lois Gaviglio Property Owner: Same Project Location: Cupertino Rd./Stevens Creek Blvd. TENTATIVE MAP for 4 lots on .97 ranging from 10,028 s.f. to 10,293 s.f. Staff Presentation: Associate Planner Jung presented the staff report. He stated the revised Tentative Map is consistent with the General Plan Land Use Density, as well as the R1-10 zoning. He noted all the lots are 10 , 000 s. f. or greater and the f lag lots exit on to Cupertino Rd. He noted the changes in State Law which allow a subdivider to omit portions of property from subdivision if it is not for sale, lease or financing. He outlined the properties this effects. He noted because there are no improvements, the City will not require street dedication. Staff is recommending that a majority of the trees be preserved. He stated the neighbors are concerned about the long term health of the trees if the lots are built on. He stated staff recommends approval. In response to Commissioners questions, Mr. Jung stated a shed would have to be removed in order to create access for the flag lots. Mr. Jung explained the qrading and drainage for the lots. He stated staff is asking for the preservation of all trees with the exception of one, which he outlined. Chr. Fazekas opened the public hearing. ApAlicant Presentation: Mr. Marv Kirkeby, Civil Engineer, stated they do not intend to remove the tree which is on the easterly property line. He stated the 15" oak tree in the center of the northwesterly lot is not a large oak tree. He stated people who build on the lots should have the flexibility of working around the trees. Mr. Kirkeby explained the State Law. PLANNING COMl�IISSION MINUTES Regular Meeting of April 13, 1992 - Page 7 Mr. Jan Stoeckenius, 22386 Cupertino Rd., expressed concern about the preservation of the trees and would like to see continued protection. He noted he would be interested in purchasing a strip of land to protect some of the trees. Mr. Stoeckenius also expressed concern about the visible power lines and would like to I see them be-placed underground. He spoke in favor of all lots exiting onto Cupertino Rd., because of grading. He noted the houses should be built at the existing grade. Chr. Fazekas closed the public hearing. Com. Mann expressed concern regarding the preserv.ation of the trees and noted they should be adequately protected when the lots are sold individually. She stated the driveway onto Stevens Creek Blvd. is acceptable. Com. Mahoney spoke in support of the lots exiting onto Cupertino Rd., but would support the staff report at this time. Chr. Fazekas noted he would suppvrt the staff report. In response to Chr. Fazekas' question regarding the power lines, Mr. Cowan stated Condition 1 requires street widening and dedication as required by the City Engineer. He stated the Public Works Department will work on this. He suggested that the Planning Commission send a minute order to the Public Works Department i requesting them to take the necessary steps to have the power lines placed underground. Com. Austin spoke in favor of the application, but would like to see the power lines underground. Com. Mackenzie stated he supports staff recommendations, but would like to see a scenic easement around the 20" oak tree. MOTION: eom. Mann moved to recommend approval of application 1- TM-92 subject to findings and subconclusions of the hearing with an addition to condition 15 which requires a scenic easement around the drip line of the 20" oak tree. SECOND: Com. Austin VOTE: Passed 5-0 6. Application No(s): 1-U-92 and 1-EA-92 Applicant: Jack In The Box Property Owner: Richard and Anita Messina Project Location: 20803 Stevens Creek Blvd. USE PERMIT to demolish an existing building and construct a new 2,600 s.f. fast-food restaurant. PLANNING COIrIIKISSION MINUTES Regular Meeting of April 13, 1992 Page 8 Staff Presentation: Planning Director Cowan presented the staff report. He stated the applicant did provide a revised site plan as . requested by the Planning Commission. He stated the revised plan has decreased the parking stalls and increase the seats. He stated staff is concerned about architectural issues and overall site plan � issues . He stated the parking must be addressed before approval of this project. He noted this is a 24 hour ogeration. Mr. Cowan stated ASAC did review the project and he submitted their comments to the Commissioners. Ap�licant Presentation: Mr. Jirn Jackson reiterated his comments from the last hearing regarding the Use Permit. He stated the traffic will not be significantly impacted. The design subrnitted is flexible as requested by staff. He noted the building has been redesigned in order to preserve the redwood tree. He stated there will be outdoor seating on both Stevens Creek Blvd. and Saich Way. He explained the design of the building and the attempts to integrate it with the surrounding buildings. Mr. Jackson reiterated the benefits to the City if this project is approved. In response to Chr. Fazekas' questions, Mr. Jackson stated the proposed building is srnaller than the existing building. He stated the parking is adequate for the interior seating. Mr. Walt Goodseal, Project Architect, presented drawings showing the design of the building. He noted they did attempt to incorporate the architecture of the surrounding buildings into this building. Mr. Goodseal showed an additional design with more detail�on the building, if this is preferred. Mr. Mory Horton, Good Earth Restaurant, stated the General Plan goal is to avoid Fast Food Restaurants. He noted he did a survey of restaurants within the city and the results showed an increase of 15 to 20 percent in the seating. He feels t�ere is no need for more restaurants. He expressed concern about the number of seats proposed and the inadequate parking. He stated if this is approved, 80 seats should be maximum. Mr. Horton suggested residential/commercial for this area. He also expressed concern about the driveway proposed, noting this is a safety issue. Mr. John Buckman, Owner of Stevens Creek Office Center, stated he maintains a high quality office center and does not feel that a Jack In The Box fits into the area. He is opposed to a 24 hour operation and expressed concern regarding the inadequate parking. He stated the design of the building is not pedestrian friendly. He noted he would offer to purchase this property and develop it as multi use. He urged the Planning Commission to deny this request. Mr. Hong Lin, Property Owner, expressed concern about the requirements on this prvperty. He stated it is not in a good location for housing. Mr. Lin stated that the Magic Wok was a fast PLANNING COMIrIIISSION MINUTES Regular Meeting of April 13, 1992 Page 9 food restaurant and employees in the area would benefit from what - is proposed. He does not feel that traffic is a problem. � Mr. Gh. R. Damabeh, 10033 Saich Way, expressed concern about the proposed building blocking the view of his business. He also . � expresse�i concern about traf f ic . Mr. Jackson addressed the parking issue. He stated the Good Earth Restaurant patrons use the Magic Wok parking lot. Chr. Fazekas closed the public hearing. Com. Mann stated the design presented does not show creativity. She expressed concern regarding the parking. She stated a fast � food restaurant does not fit into the long term plans for Stevens Creek Blvd. Com. Mahoney expressed concern regarding the parking, traffic and architecture. Com. Austin expressed concern about the zoning. She stated that parking and traffic are problems. Com. Mackenzie stated he is not against fast food restaurants, but feels this site is not adequate. He noted traffic and parking are concerns. � Chr. Fazekas stated that the Jack In The Box would not affect the traffic on Stevens Creek Blvd. He feels this is the right use for the property and noted the architecture is going in the right direction. He did express concern regarding the lack of parking spaces. He stated he would not recommend residential for this site. � MOTION: . Com. Mackenzie moved to recommend granting a Negative Declaration � SECOND: Com. Austin � VOTE: Passed 5-0 � I � MOTION: Com. Mann moved to deny application 1-U-92 subject to the findings and subconclusions of the hearing. SECOND: Com. Austin I VOTE: Passed 5- o 7. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the 6eneral Plan recommendations. Subject: Land Use, including Monta Vista, Hillsides, Housing, Transportation, Public Services, Utilities, Environmental Resources, Public Health and Safety. PLANNING COMl�IISSION MINUTES Regular Meeting of April 13, 1992 Page 10 Staff Presentation: Ms. Wordell outlined changes to the Hillside policies. She noted the changes were made on the advice from the City Attorney. She noted they will address Land Use, Housing and Transportation at this meeting. Com. Mahoney suggested continuing the housing discussion to April I 22, 1992. There was a consensus of the Commission to continue the Housing element. Associate Planner Jung stated staff has made several changes to the Land Use Policy as directed at the March 30, 1992 meeting. Mr. Jung outlined the changes to the Land Use/Community Character General Plan Policy Recommendations, as included in the staff report. The Cornrnissioners discussed the allocation on Page 3, Strategy 2 of the policy recommendations. It was a consensus of the Commission that the first paragraph should read "These allocations priorities may be shifted and a total amount of space may be exceeded if a proposed retail outlet provides significant fiscal benefit.to the City, such as a power center." Mr. Jung went on to outline the changes in the Tiered Mitigation Policies as outlined in the staff report. The Commissioners requested housing rnitigation, with regards to traffic, be discussed when they discuss the housing element. Focal Points including building heights was discussed. The words "worse than" should to be added bef ore "... LOS D..." in pol icy 2-2 . Chr. Fazekas spoke in favor of the 50 and 70 feet to the top of the penthouse. Coms. Mahoney, Mann and Mackenzie spoke in favor of 4 to 6 stories. Mr. Cowan stated he will present pictures of building heights so the Comrnissioners can compare building heights to existing buildings. Chr. Fazekas stated he is not in favor of 70 ft. on North De Anza Blvd. Com. Mackenzie stated the Commissioners should look at the pictures staff will present to determine building heights. The Cornmissioners discussed the Heart of the Gity. Mr. Jung outlined the changes made in the Crossroads Shopping District. Mr. Jung summarized the difference between the Planning Commission's and the City Council's goals for the Heart of the PLANNING COM�IISSION MINUTES Regular Meeting of April 13, 1992 Page 11 City. He noted the basic difference is in geographical areas. He stated the Council requested that the Stevens Creek Blvd. concept with three stories, should include housing. He stated this is not included in the Planning Commission's policies. � Associate Planner Jung presented a chart evaluating the Stevens Creek Blvd. and Town Center as Heart of the City, a copy of which was submitted.to the Commissioners. The Commissioners discussed the chart presented. Com. Austin stated she originally supported the Town Center as the Heart of the City, but would now support the Grand Blvd. concept and the Crossroads Center. � Com. Mackenzie spoke in favor of Town Center. Com. Mann stated she is not in favor of either Stevens Creek Blvd. ► or Town Center. Com. Fazekas spoke in favor of the Town Center with a parkway between the buildings. Com. Mahoney stated he would support Stevens Creek Blvd. bringing the buildings up closer to the street. He noted there should be both housing and retail. � Com. Mann stated there should be no strip zoning. She noted the buildings should be closer to the street with parking in the back. Com. Fazekas stated his vision of the Heart of the Cit� concept is to provide pedestrian orientation. He spoke in favor of Town Center or Vallco as the Heart of the City. He stated he would like to see more housing and well as more landscaping on the Grand Blvd. He noted there should be a policy which encourages pedestrian � orientation. The Commissioners took a vote on the comparison chart presented by staff. 3-2 in favor of Stevens Creek Blvd. (Fazekas, Mackenzie No) The Commissioners discussed the Friedrnan Plan and the Urban Parkway concept and voted. 4-1 in favor of an urban parkway concept. , (Austin No) The Cornmissioners discussed the area which would include the Heart of the" City. Com. Mahoney suggested Torre Ave. to Saich Way. Mr. Cowan stated he will draft a policy outlining the area for the Heart of the City concept. PLANNING CO1rIIKISSION MINUTES Regular Meeting of April 13, 1992 Page 12 City Planner Wordell presented the staff report on Monta Vista. She Xeiterated the poiicies as outlined in the staff report. Ms. Wordell noted that petitions were circulated to Monta Vista residents and of the 32, responses.81 percent did not want any change in the density. She noted the petition�also included flag lots and 56 percent stated they did not want flag lots. ' I Com. Austin stated she would not like to see flag lots in Monta Vista and would not increase the density. Com. Mackenzie stated the increase in density does not add many lots. He stated his view of it was the difference between a 7500 s.f. standard and a 6000 s.f. He stated both the Council and Commission have discussed flag lots and he felt Monta Vista was a good place to have flag lots because of the lots sizes. Chr. Fazekas suggested deleting the Monta Vista section in the staff report and leave as is. Com. Mahoney and Com. Mann both spoke in support of leaving the Monta Vista guidelines as is. It was a 3-2 vote on deleting section �D in the staff report regarding Monta Vista. (Mackenzie, Austin No) The public hearing was opened. Mr. Mark Kroll, Prometheus, expressed concern regarding height limitations. He also expressed concern that the Use Permit for the hotel will not comply to some of the discussions at this hearing. He also noted that the mechanical equipment in �he basement is not a good use of resources and is expensive. Mr. Jerry Kocir spoke against an increase in density and flag lots in Monta Vista. Ms. Ann Anger stated there should be no changes in Monta Vista and lots should be dealt with on a case by case basis. Chr. Fazekas stated the General Plan discussions will be continued to Wednesday, April 15, 1992 at 6:00 p.m. OLD BUSINESS: 8. Appointment to Environmental Review Committee MOTION: Com. Mackenzie moved to appoint Chr. Fazekas to the Environmental Review Cornmittee SECOND: Com. Austin VOTE: Passed 5-0 � PLANNING COMIKISSION MINUTES Regular Meetiflg of April 13, 1992 Paqe 13 ! NE�+I BUSINESS : � . 9. Planning Commission attendance at April 24, 1992 Housing Conference. � MOTION: Chr. Fazekas moved to appoint Com. Austin and Com. Mann to attend the April 24, 1992 Housing Conference. � SECOND: Com. Mann VOTE: Passed 5-0 REPORT OF THS PLANNING COl4�IISSION: - None REPORT OF DIREC'i'OR OF COI�lMiJNITY DEVELOPPiENT : � - None I DISCUSSION OF NEWSPAPER CLIPPINGS: � - None ( ADJOURNMENT: The Planning Commission adjourned a� 12:10 A.M. to the next Special Meeting of April 15, 1992 at 6:00 � p.m. i � Respectfully submitted, I ,,,�, . �2v-e;�as-d Catherine M. Robillar , Recording Secretary � Approved.by the Planning Commission ! at the Regular Meeting of April 27, 1992 � s Dar 1 Fazekas / / ( Daryl Faze as, Chairman Attest: f . /s/ Dorothy Cornelius Dorothy Corne ius, City Clerk