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PC 08-24-92 . �L����iC��'�-� CITY OF'CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON AUGUST 24, 1992 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Vice Chairperson Mann Commissioner Mackenzie Commissioner Austin Commissioners Absent: Chairman Fazekas Commissioner Mahoney Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Colin Jung, Associate Planner Michele Bjurman, Planner II Glenn Grigg, City Traffic Engineer APPROVAL OF MINU'PES: MOTION: Com. Austin moved to approve the minutes of July 27, 1992, as presented SECOND: Com. Mackenzie VOTE: Passed 3-0 ABSENT: Chr. Fazekas, Com. Mahoney Com. Mann made the following amendment to the minutes of August 10, 1992: Page 4, vote should reflect that Com. Mann abstained. MOTION: Com. Austin moved to approve the minutes of August 10, � 1992, as amended SECOND: Com. Mackenzie VOTE: Passed 3-0 ABSENT: Chr. Fazekas, Com. Mahoney POSTPONEMENTS OR NEW AGENDA ITEEIrIIS: 3. Application 5-U-90 (Modified�. - Continued to the meeting of September 28, 1992. MOTI�N: Com. Mackenzie moved to continue Application 5-U-90 to the meeting of September 28, 1992. SECOND: Com. Austin VOTE: Passed 3-0 ABSENT: Chr. Fazekas, Com. Mahoney PLANNING COMMISSION MINUTES Regular Meetinq of Auqust 24, 1992 Page 2 WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 1. Application No(s): 3-TM-92 and 13-EA-92 Applicant: Harlan Sethe Property Owner: Same Project Location: 11845 Upland Way TENTATIVE MAP to subdivide into two parcels of 1.3 and 1.0 acres respectively. Staff Presentation: Associate Planner Jung presented the staff report. Mr. Junq addressed the property on a site plan map and noted the surrounding properties. He noted the property will have to be annexed into Cupertino before final map approval. He presented photos to the Commission and outlined the location of the proposed residence. Mr. Jung noted the subdivision, as proposed, is consistent with the General Plan. He stated the geotechnical study indicates that the project is technically feasible at the proposed location. Mr. Jung explained that Ordinance No. 1575 does require the driveway to be widened, but staff is concerned about the grading impact. He noted the Fire Departrnent indicated if the proposed residence had a sprinkler system the road would not need to be widened. Mr. Jung reviewed the trees which will be affected and the options available to the Commission as outlined in the staff report. Mr . Jung addressed the retaining walls and noted staf f is concerned � about the height. He discussed the house elevation and the height of the retaining walls noting that conditions 24 and 25 have been added to address the height of the retaining wall. He stated staff recommends approval with the additional conditions. In response to Com. Austin's question, Mr. Jung stated the house cannot be repositioned on the lot without requiring more grading. The Commissioners discussed properties being annexed into the City. Mr. Cowan noted this will be done on a case by case basis. Com. Mackenzie suggested putting the garage up at the second level, resulting in a lower retaining wall. PLANNING COMMISSION MINUTES Regular Meeting of August 24, 1992 Page 3 After some discussion, Planning Director Cowan noted this could be done. Applicant Presentation: Mr. Mory Nelson, Civil Engineer, representing the applicant, noted because of the parking requirement the retaining wall would be approximately 9 1/2 feet. He noted the existing access would be used for the proposed house. He noted he feels that Com. Mackenzie's suggestion regarding the garage at a higher level could be accomplished and eliminate the 7 ft. retaining wall. He noted in order to save the tree a 5 ft. ' high retaining wall would be required in the location of the tree. Regarding the repositioning of the house, as suggested by Com. Austin, Mr. Nelson stated they have situated the house to run parallel to the contour of the land and grading would be more severe if repositioned. Mr. Nelson noted he reviewed the conditions of approval and has no objections, except with Condition 6 regarding underground utilities. He noted this condition makes the project economically unfeasible and will appeal if the project is approved. Associate Planner Jung stated condition 6 is a standard condition and needs to go through a Use Permit process to be waived. Mr. Nelson noted they have no objections to provide underground utilities from the existing utility pole to the proposed residence. Mr. Nelson requested approval of the application. Mr. Sethe, Applicant, noted he would like to use the sale of this property for his retirement. The public hearing was opened. Com. Mackenzie suggested a continuance for two weeks for staff and the applicant to address his suggestion. . Vice Chair Mann and Com. Austin concurred. Mr. Nelson noted he has no objections to a continuance and will meet with staff to address the Planning Commission's requirements. This hearing was continued by acclamation to the meeting of September 14, 1992. 2. Application No(s): 5-U-92 Applicant: American Learning Corporation Property Owner: W.D.V. Properties Project Location: 20375 Stevens Creek Blvd. USE PERMIT to operate a learning center in an existinq shopping center. PLANNING COMMISSION MINUTES Regular Meeting of August 24, 1992 Page 4 Staff Presentation: Planner Bjurman presented the staff report. She noted the proposed use is consistent with the General Plan. Ms. Bjurman addressed the Parking and Traffic Intensity Performance Standard issues as outlined in the staff report. She noted there is a condition of approval which allows review of the center's Use Permit if a parking shortage arises. She noted the center is exceeding the maximum trip factor assigned to this use by .5. Staff recommends that the wording requiring a two hour class over the peak period be deleted from the conditions of approval. The public hearing was opened. Applicant Presentation: Mr. Anthony Lagorio, representinq the applicant noted the resolution is satisfactory to the applicant. Com. Mackenzie stated it should be made clear in the Use Permit that the use is assigned two trips. The public hearing was closed. MOTION: Com. Mackenzie moved to approve application 5-U-92 subject to the findings and subconclusions of the hearing with the following modifications: Cond�. 4 reflect trip constraint to show a deficit of trips and to delete the last paragraph of the condition. SECOND: Com. Austin VOTE: Passed 3-0 ABSENT: Chr. Fazekas, Com. Mahoney NEW BUSINESS: 4. Application 14-TM-89 - Ste�hen S. Chang: Request for an extension of a tentative map for three years. Staff Presentation: City Planner Wordell presented the staff report. She noted the applicant is requesting a three year � extension, but staff is recommending a one year extension. Applicant Presentation: Mr. Stephen Chang stated he would prefer a three year extension, but requests two years as a comprornise. Com. Mackenzie noted he will abstain from this application as he lives within 300 ft. of the property. MOTION: Com. Austin moved to approve a one year extension of a tentative map. SECOND: Com. Mann VOTE: Passed 2-p ABSTAIN: Com. Mackenzie ABSENT: Chr. Fazekas, Com. Mahoney PLANNING COMMISSION MINUTES Regular Meeting of August 24, 1992 Page 5 Planning Director Cowan noted he will verify whether this item should be continued due to a no-quorum vote. REPORT OF THE PI�ANNING COMMISSION: Vice Chair Mann reported on the Affordable Housing Committee Meeting. Planninq Director Cowan noted staff will summarize the meeting in a report for the Planning Commissioners. REPORT OF DIRECTOR OF COMMIJNITY DEVELOPMENT: Planning Director Cowan stated the Council did introduce the Zoning Codification Ordinance with minor changes to the Planninq Commission's recommendations. DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: The Planning Commission adjourned at 8:10 P.M. to the next Regular Meeting of September 14, 1992 at 6:45 p.m. Respectfully submitted, c M��.��d Cat erine M. Robi ar , Recording Secretary Approved by the Planning Commission at the Regular Meeting of Septernber 14, 1992 � Dary ze s, Chairman Attest: Doro hy Co elius, Ci y Cler.