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PC 12-14-92 �.��'� e�.F �7r'�ERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGUI.AR MEETING OF THE PLANNING COMMISSION HELD ON DECEMBER 14, 1992 SALUTE TO THE FLAG: ROLL CAI.L : Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mackenzie Commissioner Mahoney Commissioner Austin Staff Present: Robert Cowan, Director of Community Development Michele Bjurman, Planner II APPROVAL OF MINUTES: MOTION: Com. Mackenzie moved to approve the Minutes of November 23, 1992, as presented. SECOND: Com. Mahoney VOTE: Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: MOTION: Com. Mackenzie moved to continue Application 11-U-92 to the meeting of January 25, 1993. SECOND: Com. Austin VOTE: Passed 5-0 MOTION: Com. Austin moved to continue Application 8-TM-76 (Amended) to the meeting of January 11, 1993. SECOND: Com. Mann VOTE: Passed 5-0 WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None � :;�;:����:G COMMISSION MINUTES Reqular Meeting of December 14, 1992 Page 2 PUBLIC HEARINGS: 2. Application No(s): 12-U-92 Applicant: Craig Hardy - Taco Bell Property Owner: Christina Lamonica, Paul Pries Location: 10700 and 10710 South De Anza Blvd. USE PERMIT for a shared ingress/egress and parking. Staff Presentation: Planner Bjurman presented the staff report noting the request is from Paul's Restaurant and Taco Bell to open an ingress/egress between the two properties. She noted a primary concern of staff was the lack of adequate parking for both sites, but after further study it was determined that there will be a shortage of one parking space. Ms. Bjurman noted there was concern from adjoining property owners regarding Taco Bell customers using their parking. She stated staff recomrnends approval subject to, if the gate closes, Taco Bell must add more parking or reduce their interior seating. In response to Com. Austin's question regarding the vapor extractor unit, Ms. Bjurman stated this is in place to clean up the soil and will remain on the site for approximately another six months. She also noted there is open access throughout the site. Chr. Fazekas opened the public hearing. Applicant Presentation: Mr. Ed Owen, Construction Manager, Taco Bell, 1855 Vancouver Way, Livermore, stated they do have an annual agreement with Paul's Restaurant for parking and the parking requirement has been resolved. In response to Com. Mann's question, Mr. Owen stated the lights are on automatic timers and there is adequate lighting in the parking areas. Ms. Lael Culliner, Byer Properties, expressed concern about customers of Taco Bell parking on their property since the gate has been opened. She noted the agreement between Paul's and Taco Bell is affecting their parking situation. She suggested a fence between Paul's Restaurant and her property. Ms. Culliner pointed out her property on an aerial map outlining where customers of Taco Bell park. Mr. Ed Owen stated there has been a common ingress/egress between all the buildings in the center for a number of years. Chr. Fazekas closed the public hearing. In response to Chr. Fazekas' question, Ms. Bjurman stated both the oid Taco Bell and this site were constructed prior to record �Z�ANNING COMMISSION MINUTES Regular Meetinq of December 14, 1992 Page 3 keeping by the City and therefore could not verify the ingress/egress as addressed by Mr. Owen. Planning Director Cowan stated it has been the practice of the City for the last nurnber of years to encourage free movement of vehicles between properties with a common driveway. In response to Com. Austin's question, Mr. Gowan stated property owners can mark their parking. He noted it is clear public policy to require joint access agreernent and this has been a General Plan Policy for the last 15 years. Mr. Cowan stated if a problem occurs on the property in question the gate can be closed. Com. Mackenzie noted he concurs with the City Policy to encourage the ingress/egress between properties. MOTION: Com. Austin moved to approve application 12-U-92 subject to the findings and subconclusions of the hearing. SECOND: Com. Mann VOTE: Passed 5-0 3. Application No(s): 2-U-81 (Modified) Applicant: Scott Design Assoc. Property Owner: Young & Keun Kim Location: 22573 Woodridge Ct. MODIFICATION of a use permit to allow a second story addition. Staff Presentation: Planning Director Cowan presented the staff report outlining the location of the property. He stated this lot and one otYier lot in the area were required to be single story due to concern with privacy intrusion. Mr. Cowan reviewed the setback requirements as outlined in the staff report. He stated the two basic issues are the encroachment of 6 feet into the rear yard and a two story versus a one story house. He stated the maximum FAR for the area is 45 o and the proposed is 58. 5 0. Mr. Cowan noted the architecture biends in with adjoining properties. He stated staff can not support the 58. 5% FAR, but do support 50 o FAR noting it will be compatible with the neighboring houses in the area. Mr. Cowan presented the design of the proposed second story and noted the second floor setbacks are within the ordinance requirements. Chr. Fazekas opened the public hearing. AAplicant Presentation: Mr. Scott Cunningham, 14375 Saratoga Avenue, Saratoga, noted the request for the addition is to meet growing family needs . He stated the request is to add a second story and expand the rear of the house to add a green house room. Mr. Cunningham stated the roof area is approximately 11 feet high and low ceiling areas are deducted out of the habitat area, which reduces the proposal by 122 square feet, bringing the FAR down to 56%. He stated there are two story houses on either side of this Y ��"ln+IING COMMISSION MINUTES Reqular Meeting of December 14, 1992 Page 4 house and the building will not look larger than what is already existing in the subdivision. Mr. Cunningham addressed the rear yard setbacks and noted there is a deck located in the area of the proposed expansion. He also stated there would be no privacy intrusion with the proposed expansion as a fence and trees provide screening. He stated if the six foot encroachment was a problem the property owner would suggest a three foot encroachment. Mr. Cunningham noted if the property owner's request for 58.5% FAR is not acceptable they would like to match the other house in the neighborhood which is at 52.8% FAR. He stated the property owner has worked with the neighbors to address privacy intrusion. Chr. Fazekas closed the public hearing. In response to Com. Austin's question regarding height, Mr. Cowan stated the maximum height proposed is 25 feet. Com. Mackenzie stated the Rl ordinance was re-wrote because of too many large homes on small lots. He stated the 45o FAR gives latitude to designers as to where to put the square footage. He noted he would permit the second story, but the applicant should follow city rules and stay within the 45% FAR. He stated second story setbacks should be adequate. Com. Mann stated the problem is mass. She noted there should be no encroachrnent into the back yard, but would support a second story, but would not support 58.5% FAR. Com. Mackenzie stated a bedroom and bathroom could be added upstairs within the existing structure and reach the 45o FAR. " Com. Austin stated the lot is too small for what is proposed. She concurred that the second story is acceptable, but the proposed 58.5% FAR is not. She noted she would support the 45o FAR. Com Mahoney also noted the second story would be acceptable, but is not in support of the expansion into the rear yard. He noted the FAR proposed is not acceptable. Chr. Fazekas stated he is not in support of the proposed FAR and the square footage proposed should be reduced. Com. Mackenzie suggested matching the largest house in the immediate neighborhood which is 3300 square feet. In response to Com. Mackenzie's question, Mr. Cowan stated a formal policy was not adopted regarding using R1 guidelines for residential PD. PLANAIING COMMISSION MINUTES Regular Meeting of December 14, 1992 Paqe 5 In response to Mr. Cunningham's question, Chr. Fazekas stated the Commission would like to see the applicant match the largest house in the neiqhborhood which is 3300 s.f., but no larger. Chr. Fazekas re-opened the public hearing. Mr. Kim. 22573 Woodridge Ct., stated because of the state of the economy they cannot find an appropriate home for their needs and this is the reason for the request for the addition. He stated the house already looks like a two story building. He stated if the Commission require a reduction in square footage this will not meet his needs. He requested a 52.8% FAR, which is existing in the subdivision. MOTION: Com. Mackenzie moved to recommend approval of Application 2-U-81 (Modified) subject to the findings and subconclusions of the hearing with the additional finding: The Commission is promoting enough space to add an additional bedroom/bathroom suite and Condition 2 should be changed to 47% FAR. SECOND: Com. Austin VOTE: Passed 5-0 5. Application No(s): 81,054.5 and 18-EA-92 Applicant: City of Cupertino Property Owner: City of Cupertino Project Location: Citywide Amend Title 14 of the Cupertino Municipal Code to read "Street, Sidewalks and Landscapinct" and adding Chapter 14.15 Xeriscape Landscaping. Staff Presentation: Planner Bjurman presented the staff report noting that the proposed changes made at the November 23, 1�92 Planning Commission meeting have been incorporated into the Ordinance. She requested that "Appendix B" be titled "Guidelines". Com. Mackenzie stated a statement should be added to section 5 reflecting that no more than 25 gallons of water, per square foot can be used. It was a consensus of the Commission to add a statement in section 5 to read "The Landscaping plan must comply with the maximum applied water allowance". The Commissioners discussed the estimated applied water use and the estimated total water use. Chr. Fazekas opened the public hearing. Mr. Scott McGilvray, in response to Commissioners questions, stated YLANNING COMMISSION MINUTES Regular Meeting of December 14, 1992 P ag e 6 the total water use includes rainfall. He noted he appreciated the opportunity to give input regarding this Ordinance and noted what was discussed at the last hearing has been incorporated into the Ordinance. Com. Mann asked if the Ordinance applies to City property. Mr. Cowan noted it applies to all zoning districts. It was a consensus of the Commission to add school yards and public parks to item f in section 4. Chr. Fazekas closed the public hearing. Planner Bjurman noted she will add Estimated Applied Water Use and Total Water Use definitions to the definition section. MOTION: Com. Mahoney moved to recommend a Negative Declaration SECOND: Com. Austin VOTE: Passed 5-0 MOTION: Com. Mahoney moved to approve 81,054.5 subject to the findings and subconclusions of the hearing with the following modifications: Title "Appendix B" should be changed to "Guidelines"; Section 5, add a statement 4. "The landscape Plan shall comply with a maximum water allowance of 23 gallons per square foot". Nurnber 4 then becomes #5; Section 4, l.f. should include school yards and public parks; Estirnated Applied Water Use and Total Water Use definitions will be added. SECOND: Com. Austin VOTE: Passed 5-0 MOTION: Com. Mahoney moved to approve the guidelines SECOND: Com. Mackenzie VOTE: Passed 5-0 NEW BUSINESS: - None REPORT OF THE PLANNING COI�ISSION: - None REPORT OF DIREC't'OR OF COMMUNITY DEVELOPI�IT : Planning Director Cowan noted the Council approved the concept cf a parking stru�ture on the Sears site. He noted the design scherne will be reviewed by the Planning Commission. Com. Austin noted the building next to Paul & Eddies has chanqed ownership. PL�iNING C�MMISSION MINUTES Regular Meeting of December 14, 1992 Page 7 Mr. Cowan stated staff will look into this, but noted the property owners have finally signed a reciprocal access agreement. DISCUSSION OF NEWSPAPER CLIPPINGS: -None ADJOURNMENT: The Planning Commission adjourned at 8:25 P.M. to the next Regular Meeting of January 11, 1993 at 6:45 p.m. Respectfully submitted, Cat erine . Robi lar , Recording Secretary Approved by the Planning Commission at the Regular Meeting of January 11, 1992 /s/ Daryl Fazekas Daryl Fazekas, Chairman Attest: /s/ Dorothy Cornelius Dorothy Cornelius, City Cler