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PC 09-14-92 � � �ITY �F CUPERTINO, STATE OF CALIFORNIA C ������ 10300 Torre Avenue Cupertino, GA. 95014 (408) 252-4505 ( MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 14, 1992 SALUTE 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 ( Michele Bjurman, Planner II � Colin Jung, Associate Planner Glenn Grigg, Traffic Engineer I APPROVAL OF MINUTES: MOTION: Com. Mackenzie moved to approve the minutes of August 24, ( 1992, as presented S'ECOND: Com. Austin VOTE: Passed 3-0-2 ( ABSTAIN: Com. Fazekas, Com. Mahoney POSTPONEMENTS OR NEW AGENDA ITF�IS: - None WRITTEN COMMLJNICATIONS: - No discussion f ORAL COMMiJNICATIONS: - None � CONSENT CALENDAR: ( 1. AAAlication 14-TM-89 - Ste�hen S. Chanct: Request for an extension of a tentative map for three years. MOTION: Com. Austin moved to approve applicant 14-TM-89 with a one year extension. SECOND: Com. Mann VOTE: Passed 3-0-2 ABSTAIN: Com. Fazekas, Com. Mahoney PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 2 PUBLIC HEARINGS: 2. Application No(s): 7-U-92 Applicant: PECO/Clyde Okimoto Property Owner: Imwalle Stegner/Homestead II Associates Project Location: 19998 Homestead Road � USE PERMIT to allow an 1,800 sq. ft. on prernise, dry cleaning business in an existing retail building. Staff Presentation: Planning Director Cowan presented the staff report. He noted there are two issues based on testimony received frorn residents: 1) there is an existing Dry Cleaners in the shopping center; 2) concern raised about public safety. Mr. Cowan noted the Commission can not deny this project based upon the degree that it may be competitive. He stated the chemical storage and use is regulated by other agencies and the operation of the dry cleaners is no different from other previously approved cleaners. Staff recommends approval. Mr. Cowan outlined the location of the i proposed dry cleaners, as well as the surroundinq properties. In response to Com. Mahoney's question, Mr. Cowan stated a closed loop system will be used. Chr. Fazekas opened the public hearing. Applicant Presentation: Mr. Douglas C. Levine, 15155 Stagg St., Van Nuys, CA, representing the applicant, stated the chemicals will not go into the environment at all. As for competition, Mr. Levine stated it is free trade and the Commission cannot deny solely on this issue. Mr. Levine noted a closed loop system will be used and he explained this process as well as how the chemicals are introduced into the machines. Ms. Mary Foster, 10942 Northseal, stated she does not want duplication within such a small shopping center. She noted the existing dry cleaners has its cleaning done off-site. Ms. Foster expressed concern about the chemicals used and the Day Care Center in the vicinity. � Mr. Wook Song, 852 Elmira Dr., Sunnyvale, asked what the basis of the evaluations are for this project? He expressed concern about the competition. He noted the current trend for dry cleaners is to have the cleaning done off-site and the City should not allow this cleaning plant in the neighborhood. Mr. Michael Stout, 520 Meadow Ave., voiced his confidence in the existing dry cleaners. He expressed concern about another cleaners in the area as well as a chemical plant being across the street from a day care center. He also expressed concern about chemical leakage. PLANNING COMMISSION MINLTrES . Reqular Meeting of September 14, 1992 Page 3 Mr. John Lee, 19948 Homestead Rd., owner of Oakmont Cleaners, noted the proposed cleaners will affect him financially. He noted there are several other cleaners in the area to compete with. He noted he has worked hard and provided services to the neighborhood. Mr. Lee presented a petition to the Commission. � Mr. Alan Wright, 20014 Norhtwind Sq., pointed out the location of his residence in relationship to the proposed cleaners. He noted he will be directly affected. Mr. Wright expressed concern about the notification process, chemicals used, the air quality and the noise impact. He stated it is important that residents are aware of the potential�hazardous materials used in a dry cleaners. He requested that the Planning Commission reject the proposal until an environmental impact study is done. ' Mr. Brandon Lee & Joan Tice Lee, 20041 Norhtwood Dr., expressed concern about toxic chemicals used and the minimum standards set. Ms . Lee stated she stopped by the Day Care Center and they were not � notified about this. She noted their neighborhood is already polluted with the freeway and a PG&E plant. Ms. Lee subrnitted a letter to the Commission as well as a letter from a neighbor objecting to the dry cleaners. , Chr. Fazekas noted the City notifies properties within 300 feet of the progerty in question. Mr. Dave Pitteko, 19948 Homestead Rd. , stated he is not 100 percent certain that all requirements for the dry cleaners have been met. He also expressed concern about the notification process. Mr. Pitteko stated this is an industrial use within a residential area and also expressed concern about earthquakes and damage to the chemical tanks. He also expressed concern about adequate policing of the machines used for the chemicals. He urged the Commission to deny this project. � Mr. Angelo Leber, 1073 Harlan Dr., San Jose, representing Oakmont Shopping Center, does not feel the two dry cleaners are competing businesses. He stated this is a commercial neighborhood shopping center which is quiet and serves the neighborhood. He expressed concern about shift work and the noise impact of the propose dry cleaners. Mr. Leber also expressed concern about chemical spillage ' and the darnage to property values. He feels there is no dire need for this service in this location. i I Planning Director Cowan noted the Ordinance does not allow the proposed dry cleaners to serve other areas. He stated it is strictly a retail facility. Mr. Levine stated the machines do not emit anything into the atmosphere, noting the roof material is for cooling the plant. He stated they are required to build a mote around the machine to PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 4 contain 110 percent of what is inside the machine in case of spillage. He stated this facility is controlled by the City and State and will not affect the neighborhood or the environment. He noted the process tirne will be from 8 a.m. to 3:30 p.m. and there will be no trucks coming in daily. Chr. Fazekas closed the public hearing. � Com. Mackenzie noted the Holiday Cleaners previously approved was bigger and closer to residents. He stated the City Council accepted this, therefore he would support the request. Com. Austin stated the competition is acceptable. With regards to the air quality, she noted she read through all the reports and feels the regular inspections are adequate. She noted she will support the request. Chr. Fazekas feeis he can oppose this use as it relates to the General Plan. He stated this is an industrial use in a commercial zone and neighborhoods should be protected. He did express concern about the chemical use near residents. Com. Mahoney stated the use of chemicals is under control and the competition is acceptable. Com. Mann noted she opposes this application noting the environmental evaluation is inadequate. She stated if there are any accidents there could be an impact on the surrounding neighbors. She stated the Negative Declaration should have been a mitigated Negative Declaration. Planning Director Cowan stated there was an environmental assessrnent which is reviewed by the Environmental Review Cornrnittee. MOTION: Com. Mackenzie moved to recommend granting a Negative Declaration SECOND: Com. Austin VOTE: Passed 4-1 NOES: Com. Mann MOTION: Com. Mackenzie moved to approve application 7-U-92 subject to the findings and subconclusions of the hearing. SECOND: Com. Austin VOTE: Passed 3-2 NOES: Chr. Fazekas, Com. Mann 3. Application No(s): 3-TM-92 and 13-EA-92 Applicant: Harlan Sethe Property Owner: Same Project Location: 11845 Upland Way PLANNING COMHISSION MINUTES Regular Meeting of September 14, 1992 Page 5 TENTATIVE MAP to subdivide one parcel into two parcels of 1.3 and 1.0 acres respectively. Staff Presentation: Associate Planner Jung presented the staff � report. He outlined the property in question on the site map. Mr. Jung presented photos showing ridge lines as well as the trees which will be affected. He noted the proposal is consistent with the General Plan. Mr. Jung reviewed the Planning Commission's concerns addressed at a previous hearing. He stated the applicant has come back with a new plan addressing those concerns of the Commission. He noted staff recommends approval with the attached conditions. In response to Commissioners questions Mr. Jung presented the Tentative Map outlining the existing structure and the surrounding area. He noted the roof Iine will not go above the ridge Iine. Com. Austin expressed concern about law suits regarding landslides. Associate Planner June noted that geotechnical reports determined that the proposed development is geotechnically feasible on this site. Mr. Cowan noted he is not aware of any law suits regarding landslides in this area. In response to Com. Mackenzie's question, Mr. Jung outlined the options regarding possible removal of trees as outlined in the staff report. He also noted the property would have to be annexed into the City of Cupertino before final map approval. In response to Com. Austin's question, Mr. Jung stated the applicant will address the underground utilities with a separate I Use Permit. Chr. Fazekas opened the public hearing. I A�plicant Presentation: Mr. Mory Nelson, representing applicant, stated they have redesigned the project to address concerns of the � Commission. He stated the highest visible retaining wall is 6 feet. Mr. Harlan Sethe stated he would like to save the oak tree if possible. He noted he has lived in this home for 28 years and never had a landslide. Com. Mackenzie stated the oak tree is not in great condition and construction will damage it further. He noted he would like to see this tree replaced with three new trees. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 6 Mr. Sethe stated he does not believe the development will affect the tree. Chr. Fazekas closed the public hearing. Com. Mackenzie noted he appreciates the effort the applicant has done to redesign the home. He stated there is now much less impact from the valley floor. Com. Austin stated this area should be under the Hillside Protection Zone and would not support the application. Chr. Fazekas stated a two story house is better than a one-story in this location. He noted as long as the house does not go above the ridge line he would support the request. Com. Mahoney stated he would support the approval, but the tree should be saved. Com. Mann stated she would not support the approval. She noted the Commission has indicated through the General Plan to discourage building on small lots in the hillsides. She stated if this proposal is approved, a condition should be added, that the Oak tree should be saved and if not it rnust be replaced with three trees. In response to Commissioners concerns, City Planner Wordell showed the map and explained the slope density formulas. She noted the property remaining in the 1/2 acre slope density area. Mr. Cowan noted this is the last piece of property to be developed and the question is should this property be included in the 5-20 acre zone district? Mr. Jung stated that properties can not be subdivided further and Condition 22 addresses this. MOTION: Com. Mahoney moved to continue discussion on this hearing until after item 4 on the agenda SECOND: Com. Austin VOTE: Passed 5-0 4. Application No(s): 3-GPA-90 Applicant: City of Cupertino Property Owner: Same Project Location: City Wide ADJOURNED PUBLIC HEARING to continue discussion of the General Plan. Subject: Inspiration Heights Hillside Designation. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 7 Staff Presentation: City Planner Wordell presented the staff report. She reviewed the recommendations made by the Planning Commission to the City Council. She noted the Hillside Protection Policies would apply to the half acre formula and the modified half acre formula. Ms. Wordell presented a map and reviewed the ` existing zoning in the area of discussion. She stated most of the properties are developed with a few vacant lots. She noted if the consolidation policy was applied to these properties, it would render some lots unbuildable. City Planner Wordell noted the issues are the Hillside Protection Zone and if this should be continued for some or part of Inspiration Heights Hillside Designation. The second issue is the zoning and should any of this area be rezoned from R1-10 to RHS. She noted this would affect the setbacks and height requirements as outlined in the staff report. Ms. Wordell presented a slide presentation to the Commission of the area in question. City Planner Wordell stated that staff does not recommend that the General Plan designations be changed. The designations determine density and since few, if any, lots are subdividable, applying the 5-20 designation would be irrelevant. Staff also recommends amending the R-1 Ordinance to include many of .the development standards included in and proposed for the RHS zoning district. ' She requested that the Commission should continue General Plan discussions to the next meeting. i In response to Chr. Fazekas' question, Ms. Wordell noted this was brought back to the Planning Commission because of public testimony. She noted the City Council aqreed that this area was worth studying. Ms. Wordell stated if the area is rezoned RHS it would make it more difficult for property owners to remodel their homes. She feels the concerns of the public can be addressed by implementing the � existing hillside policies. � In response to Com. Austin's question, Ms. Wordell explained the merging law. She stated staff is not suggesting this be the tool to use for consolidation. Ms. Wordell went on to explain the i consolidation rule. She noted if one of the lots changed ownership the lot would be buildable. The Comrnissioners discussed the 10 percent slope line and Ms. Wordell clarified where this line is situated. Chr. Fazekas opened the public hearinq. Mr. Dennis West, 10670 Cordova Rd., presented copies of a petition to the Commissioners. He requested that Inspiration Heights be rezoned to RHS. He stated the City needs to apply RHS zoning PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 8 consistently in order for citizens to have input if change is being considered. Mr. West stated there are steep hills and narrow roads in the area. He explained the hazards on Cordova Road and noted there are two fault Iines which cross Cordova Road and noted this is a hazardous road for construction. He urged the Commission to rezone the area RHS. Ms. Barbara West, 10670 Cordova Road, presented her comments in written form to the Commissioners. She urged the Planning Commission to rezone this area to RHS. Ms. West expressed concern about traffic hazards, unsafe soils, surface water run-off and seismic problems. Ms. West presented photos showing potential hazards on Cordova Road. She noted any more development on Cordova Road will increase the traffic hazards. Mr. Steven Haze, 22681 San Juan Road, explained what was presented to the City Council regarding this issue and why it is before the Planning Commission. Mr. Haze reviewed the merging of lots in past years. He expressed concern about existing subdivisions and neighbors not being notified. He also expressed concern about mud slides. He stated if this area is zoned R1-10 more lots can be developed and he expressed concern about the steepness of some lots. Mr. Haze read a letter from a resident of Inspiration Heights into the record urging Inspiration Heights to be zoned RHS . Mr. Robert Wulff, 22780 Mercedes Road, outlined the mud slide problems in the area and noted he had to build a wall at the back of his property to prevent mud slides. Mr. Charles Williams, 22770 Mercedes Road, stated there are portions of this area which are flat. He stated Inspiration Heights is both suburban and rural. He noted Mercedes and Cordova Roads are small and dangerous and not set up to support an R1-10 zoning district. He stated any development will impact Inspiration Heights. Mr. Henry Severin, 22570 San Juan Road, stated the 5-20 acre formula should not pertain to all areas. He noted the existing slope density allows him to subdivide into three lots. Mr. David Severin, 22570 San Juan Road, stated his property is flat and does not beiieve his property should be included in the RHS � zone. He expressed concern about not being able to subdivide. Mr. Angelo Leber, 1073 Harlan Dr., San Jose, stated that the R1-10 should be left as is as there are only few lots affected by this. He feels people should be able to develop their property. Mr. Robert Wilson, 10707 Santa Lucia Road, stated that three months ago he apglied for and received approval to separate his property into legal lots. He noted he has acquired plans for his house. PLANNING COMMISSION MINUTES Reqular Meetinq of September 14, 1992 Page 9 Mr. Fred Martin, 3572 Briar Brook Ct., San Jose, stated that the hillsides should be developed and flat lands preserved for large parks and school etc. Mr. Martin explained situations in other cities where developers must improve roads as part of their development. He stated areas in the hillsides can be developed ( safely. He feels the Planning Commission has the responsibility to develop hillsides to give families the chance to live above the pollution. Mr. Barry Barnes, 22660 San Juan Rd, Cupertino, stated he has a retaining wall on his property and has had no problems. He stated homes being built today must go under more stringent rules than the older homes built in the hillsides. He noted he has plans for his lots on San Juan Road and if the zoning is changed the plans become void. He stated there are only 5 or 6 homes left to develop and he � requests that the zoning stay as is. Ms. Marlene Mentzer, 10679 Santa Lucia Road, stated she owns lots I which are buildable and does not think she should be included in the hillside restrictions. � Mr. John Ziegler, Santa Lucia Road, stated the Commissioners should take into consideration that all of the lots in this area are j measured from the center of the road. He stated some properties are flat and others are steep and the same rules should not be ' applied to all the properties. Chr. Fazekas closed the public hearing. Com. Mahoney suggested drawing a new hillside line. The Commissioners discussed Com. Mahoney's suggestion. Planning Director Cowan pointed the vacant lots which could be ( developed. He stated the issue is if the City should require consolidation or allow the existing legal lots to be recoqnized. The Commissioners discussed the property in question as well as the � 10 percent slope line.� Chr. Fazekas stated the Severin Property at the corner of San Juan � Road and Canyon View should not be consider for RHS. He spoke in favor of keeping RHS and R1-10 as is. Com. Austin concurred regarding the Severin Property, but feels that the hillsides need to be protected and Inspiration Heights should be zoned RHS. Com. Mackenzie stated down hill from the 10 percent slope line should be R1-10. He expressed concern about R1-10 above the 10 percent slope line. He suggested rnaking this area R1-25(h) and make it clear that no more subdivision are allowed and the hillside PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 10 policies do apply to this zoning district. He stated all legal lots of record should be recognized. He noted changes to the setbacks should be avoided. Com. Mann stated she is not in support of more subdivision and is not in support of the consolidation. � Com. Mackenzie concurred regarding the consolidation, but noted legal lots of record should be recognized. The Commissioners agreed to recognize all the legal lots of record, not to support the consolidation, and not allow any further subdivision. Com. Fazekas suggested one acre lot minimum. Mr. Cowan stated the General Plan takes precedence over the land use intensity, when new subdivisions are requested it must be consistent with the General Plan, which is half acre formula. Mr. Cowan stated if the Commissioners want to recognize the legal lots of record they should be allowed to be reconfigured to accornmodate grading. Planning Director Cowan stated the RHS zoning wiil give the City better control over the design of the building. Com. Mackenzie stated he would like to see (h) added to the R1 which addresses development control. Com. Fazekas suggested R1-20 (h) upslope of San Juan Road. Commissioners Mahoney, Austin and Mann spoke in favor of the RHS zoning in all Inspiration Heights except the Severin property. RHS zoning south of San Lucia Road. Passed 3-2 (Mackenzie, Fazekas No) Com. Mackenzie stated the General Plan should recognize lots of record, but do not allow any increase in density anywhere in Inspiration Heiqhts. The Comrnissioners agreed to zone the Severin property RHS 1/2 acre � formula. Com. Mahoney gave a summary of the Planning Commissioners discussions: Change General Plan designation to allow no increase in density, but lot lines can be reconfigured. Lot consolidation will not be enforced. R1-10 area was converted to RHS 1/2 acre formula. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 11 The General Plan discussion was continued to the end of the hearing. Discussion on Item 3 application 3-TM-92 and 13-EA-92 was continued at this time. 1 City Planner Wordeli outlined the proposed subdivision. She noted the subdivision is in a primarily developed area. Chr. Fazekas opened the public hearing. Mr. Harlan Sethe stated he did various studies before subdividing his property. He noted the Cvmmission has already approved two subdivisions in the Upland Way area. He stated he has no geotechnical problems and the new home will be built under City I codes. Mr. Mory Nelson stated the project is in conformance with all the � City rules and regulations. He stated any hillside development is a risk, but if done properly can be safe. He noted Mr. Sethe has , complied to all the City's requirements and urged the Planning Commission to approve the proposal. I Chr. Fazekas closed the public hearing. � Com. Mackenzie stated this proposal is consistent with the neighborhood and would support the request. Com. Austin stated she has mixed feelings. Chr. Fazekas stated he would support the request. Com. Mann spoke in support of the request, but expressed concern about the steepness of some slopes and the grading. � MOTION: Com. Mackenzie moved to recommend granting a Negative Declaration. � SECOND: Com. Mahoney VOTE: Passed 5-0 MOTION: Com. Mackenzie moved to approve application 3-TM-92 subject to the findings and subconclusions of the hearing with a sentence added to condition 24 to read "If subject tree does not survive it rnust be replaced with three 48" box native oak trees, to be evaluated 2 years from grading compl.etion. SECOND: Com. Mahoney VOTE: Passed 4-1 NOES: Com. Austin PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 12 5. Application No(s): 25-U-86 (Amended) Applicant: St. Andrew Armenian Apostolic Church Property Owner: Western Diocese of Armenian Project Location: 11370 So. Stelling Rd. USE PERMIT Amendment to allow public bingo games at an existing church � Com. Fazekas noted he would abstain from items 5& 6 and handed the meeting over to Vice Chair Mann. Staff Presentation: Planner Bjurrnan presented the staff report. She reviewed the proposed request and the concerns of staff as outlined in the staff report. She noted staff recommends approval with the conditions outlined in the staff report. AAplicant Presentation: Fr. Vazken Movsesian, Pastor, St. Andrew's Armenian Church, stated the parking is adequate and the noise is not an issue as people will be leaving the building at 9:30 p.rn. Mr. Ken Ho, 7670 Berland Ct. noted his objection to the bingo games requested. He stated gambling should not be allowed in residentiai areas and expressed concern about property values. He stated the parking is inadequate and urged the Planning Commission to ban the bingo games. Mr. Ching Hwang, 7667 Berland Ct., expressed concern about parking and noise impacts. He stated whenever the church has activities the parking lot is used as a playground by the kids. He noted his objection to cars parking on streets and urged the Planning Commission to deny this Use Permit. Ms. Kathryn Nickerson, 11360 S. Stelling Rd., stated the Church is only 10 feet from her property line. She noted the parking does spill over to the surrounding side streets. She expressed concern about the lighting frorn the church and showed pictures to the Commission reflecting this problem. She noted the emergency exit is used for normal entry and exit and this impacts her privacy . Ms. Nickerson read the petition from the neighborhood into the record. She stated if this is approved the bingo games should conclude bef�ore 9:30 p.m. and no alcohol be served. Ms. Betty Chu, 7661 Berland Ct., noted her objection to bingo qames. She expressed concern about noise and parking. She noted additional traffic on South Stelling Road is not needed. Mr . MK Tsai , 7649 Berland Ct ., noted he has helped with bingo games in Santa Clara and people do not car-pool. He expressed concern about noise and noted gamblinq should not be allowed in the church . He stated this is a residential neighborhood and the residents do not want the bingo games. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 13 Mr. Michael Shahbasian, 1292 Estate Dr., Los Altos, stated the facility and use of bingo games is consistent with the General Plan. He noted it is important for the church to have a good relationship with the neighbors. He noted there are other churches in the community who conduct bingo games as a fund raising I mechanism and this is what St. Andrew's is doing. He noted the building is partially underground and soundproofed. He feels the parking is adequate and does expect a higher ratio for car pooling. He feels this activity is not a negative impact on the neighborhood. With regards to l�ighting, Mr. Shahbasian stated the hall where the bingo games will be held has no windows. He stated the lights in the parking lot are typical for a parking lot. He stated the fence is soundproof and does provide for reasonable privacy. He noted speed bumps have been placed in the parking lot to discourage speeders. Ms. Lucy Kasparian, 2655 Keystone Ave., Santa Clara, stated the bingo activity will cease by 9:30 p.m. and the activity members will make sure that the people leave promptly. She noted no alcohol will be served. Mr. Spaulding noted the lights in the parking lot are for security and do not shine over the fence. He noted they are automatic and � come on for three hours and then switch off. Planner Bjurman stated the lighting can be dealt with as a separate issue and staff will look into the emergency exit as addressed by Ms. Nickerson. Vice Chair Mann closed the public hearing. In response to Com. Mahoney's question, Ms. Bjurman explained how � staff would monitor the bingo games. Com. Austin stated there are organizations who have bingo games off-site and suggested this as an alternative. Com. Mackenzie spoke in support of approving the Use Permit for a six month period. He stated the upper level emergency exit should I be alarmed and the lighting needs to be reviewed by staff. � Com. Mahoney spoke in support of the Use Permit with review before six months. Com. Mann stated the maximum number should be kept at 100 and would like a review in six months. PLANNING COMMISSION MINLTrES Regular Meeting of September 14, 1992 Page I4 MOTION: Com. Austin moved to recommend approval of application 25-U-86 subject to the findings and subconclusions of the hearinq. SECOND: Com. Mackenzie VOTE: Passed 4-0 ABSTAIN: Chr. Fazekas Chr. Fazekas also abstained from item �6. 6. Application No(s): 4-V-92 Applicant: Paragon Design Group Property Owner: Jon and Debra Elerath Project Location: 10050 Crescent Road VARIANCE to Ordinance No. 1449, Section 8.4 to reduce the second story front, side and rear yard setback; to Section 8.2 to increase floor area ratio; to Section 8.5 to exceed height. Staff Presentation: Planner Bjurrnan presented the staff report and reviewed the variance request as outlined in the staff report. She also reviewed staff's reasons for denying the variance as outlined in the staff report. Com. Mackenzie clarified that the height of the house is 30 ft. high and the request is to extend a portion of the house which is also 30 ft. Vice Chair Mann opened the public hearing. Applicant Presentation: Mr. Jon Elerath, 10050 Crescent Road, stated the house is 40 years old and has been remodeled several times. He explained the layout of the house and noted they are trying to create a floor plan to accommodate the family. He expressed concern about his children being on different levels of the house . He urged the Planning Commission to approve the request . Mr. Roger Griffin, Paragon Design Group, stated the original proposal requested four variances. He noted the house has been reduced and only one variance is requested. He outlined the proposed addition and the variance requested. Mr. Griffin noted the applicant received signatures from surrounding property owners in favor of the project. Mr. Howard Strachman, 10075 Crescent Road, believes that the proposal will be detrimental to his property. He noted he will lose privacy as well as his view. He presented photos to the Commission outlining the position of the proposed addition. He noted he will lose some sunlight hours as a result of the addition and requested the Planning Commission deny the request. He stated that approving the variance request provides a vehicle for building another story. PLANNING COM�IISSION MINUTES Regular Meeting of September 14, 1992 Page 15 Mr. Griffin noted a low pitch hip roof is proposed for the addition that will have no irnpact on the neighbor. In response to Com. Austin's question regarding the trees, Mr. Elerath stated the property line is 60 feet long and cannot support � the six trees which are existing. He noted he has no intention of removing the trees unless the are causing damage to the house. He feels the addition will have no significant impact on the neighbor's sunlight hours. Vice Chair Mann closed the public hearing. Com. Mackenzie noted he would deny the variance at this time and feels there are other ways to accomplish the applicants request. He feels the addition should be inside the house. i Com. Austin concurred and noted she would support staff's recommendation. Com. Mahoney and Com. Mann spoke in support of staff's recommendation. MOTION: Com. Austin moved to recommend denial of application 4-V- 92 subject to the findings and subconclusions of the hearing. SECOND: Com. Mahoney VOTE: Passed 4-0 ABSTAIN: Com. Fazekas 7. Application No(s): 1-EXC-91 Applicant: Ki O. Son Property Owner: Same Project Location: 10190 Foothill Blvd. TO ORDINANCE 686 to allow a 6 ft. fence along the front � property line. Staff Presentation: Planning Director Cowan presented the staff report and noted staff recommends denial. Chr. Fazekas opened the public hearing. Apulicant Presentation: Mr. Marv Kirkeby stated the proposed fence will be on the front property line to mitigate noise from the trucks on Foothill Blvd. He noted the main function of the wall is for noise and not privacy. Chr. Fazekas closed the public hearing. Com. Mackenzie stated if truck traffic is the issue as addressed by Mr. Kirkeby, maybe the fence ordinance should be amended. PLANNING COMMISSION MINUTES Regular Meeting of September 14, 1992 Page 16 The Commissioners agreed that a study of this area should be done in reference to the fence ordinance. MOTION: Com. Mann moved to deny application 1-EXC-91 subject to the findings and subconclusions of the hearing. SECOND: Com. Austin VOTE: Passed 5-0 8. Application No(s): 6-U-92 Applicant: Sandra and Joseph Willis Property Owner: Byer Properties Project Location: 10570-10590 De Anza Blvd. USE PERMIT to allow a 5,000 sq. ft. pet store at an existing retail shopping center. Staff Presentation: City Planner Wordell presented the staff report. She noted the Use Permit is for a pet store in an existing shopping center. Ms. Wordell outlined the surrounding uses and reviewed the conditions as outlined in the staff report. She noted staff recommends approval. Chr. Fazekas opened the public hearing. ApAlicant Presentation: Mr. Steve Gazara, representing the applicant, stated the Willis family have been involved in pet stores for 25 years and look forward to opening a high quality pet and pet supply shop in Cupertino. He noted the main focus will be tropical fish, small anirnals and pet supply. Chr. Fazekas closed the public hearing. MOTION: Com. Austin moved to approve application 6-U-92 subject to the findings and subconclusions of the hearing. SECOND: Com Mackenzie VOTE: Passed 5-0 The General Plan discussion was continued to September 28, 1992. REPORT OF THE PLANNING COPlMISSION: - None REPORT OF DIRECi'OR OF COrIIKi7NITY DEVELOP1�iIIdT : - None DISCUSSION OF NEWSPAPIIt CLIPPINGS: - None PLANNING COMlSISSION MINITrES Regular Meeting of September 14, 1992 Page 17 ADJOURNMENT: The Planning Commission adjourned at 12:35 A.M. to the next Regular Meeting of September 28, 1992 at 6:45 p.m. Respectfully submitted, Ca I�l � �ZUQ�t�l�.ca-�'d Catherine M. Robil ar , Recording Secretary Approved by the Planning Commission at the Regular Meeting of September 28, 1992 i /s/ Daryl Fazekas Daryl Fazekas, Chairman Attest: I /s/ Dorothy Cornelius Dorot y Cornelius, City Clerk � ( I I °