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PC 03-08-1993 ti TTY OF CUPERTINO, SmATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252 -4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MARCH 8, 1993 SALUTE TO THE FLAG: 1 ROLL CALL: Commissioners Present: Chairwoman Austin Vice Chairperson Mahoney Commissioner Doyle Commissioner Bautista Commissioner Roberts Staff Present: Robert Cowan, Director of Community Development Thomas Robillard, Planner II Michele Bjurman, Planner II APPROVAL OF MINUTES: MOTION: Com. Mahoney moved to approve the minutes of February 8, 1993, as presented. SECOND: Com. Roberts VOTE: Passed 5 -0 MOTION: Com. Mahoney moved to approve the minutes of February 22, 1993, as presented. SECOND: Com. Doyle VOTE: Passed 5 -0 POSTPONEMENTS OR NEW AGENDA ITEMS: - None WRITTEN COMMUNICATIONS: Noorudin Billawala, requesting a continuance. ORAL COMMUNICATIONS: Ms. Nancy Burnett, 729 Stendhal Ln., representing CURB, introduced herself to the Commissioners. She welcomed the new Commissioners and looks forward to working with them. Ms. Burnett handed out copies of CURB's newsletter. CONSENT CALENDAR: 1. Application 16 -TM -88 - Noorudin A. Billawala: Request for a one year extension of a tentative map. MOTION: Com. Mahoney moved to continue item 1 to March 22, 1993. SECOND: Com. Bautista VOTE: Passed 5 -0 PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 2 PUBLIC HEARINGS: 2. Application No. 1 -Z -93 and 1 -EA -93 Applicant: City of Cupertino Property Owner: Fred & Diane Bassett and Mr. & Mrs Wang Location: North side of Kirwin Lane, east of Felton Way REZONING of parcels 359 -18 -046 and 359 -18 -047 from R3 to R1- 10,000 or other zone determined to be appropriate by the Planning Commission Staff Presentation: Planner Robillard presented the staff report dated March 8, 1993. He noted the Planning Commission directed the Planning Director to initiate a public hearing to consider rezoning the property in question. He stated the current zoning of these properties does not fit within the General Plan's designation for this area. He stated staff recommends rezoning the property R1- 10,000 and added that State law requires the City to rezone property to be consistent with the General Plan. In response to Com. Bautista's question Planner Robillard stated if the two lots were combined, R2 and R3 zoning would still be inconsistent with the General Plan. He noted the surrounding neighborhood is zoned R1. The public hearing was opened. Mr. Robert Hall, 7544 Kirwin Ln., noted he is the owner of one of the parcels. He stated he was not notified of any rezoning of his property. Mr. Hall noted, before purchasing this property, he talked to City staff and was told that this property was zoned R3 and purchased it based on this premise. He feels this property could provide some of the housing needed in Cupertino. Mr. Hall presented pictures to the Commission, outlining potential housing on his property. He stated this property should remain R3 and asked the Planning Commission to give this more consideration before making a decision. Mr. Adel Brach, Kirwin Ln., spoke in support of staff's recommendation to change the zoning. She stated the character of the neighborhood is changing and would like this to continue. The public hearing was closed. In response to Com. Doyle's question, Mr. Cowan stated staff used the County Tax Assessors records to notify people. In response to Com. Mahoney's question, Mr. Cowan stated if the owner of the adjoining commercial property wanted to expand he could include the property in question. He added the existing PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 3 General Plan does not permit the R3 development. Com. Bautista asked if a potential buyer of this property would be aware of consistency with the General Plan? Planning Director Cowan stated Real Estate Agents should be aware of the General Plan. He added the law requires this property to be rezoned to be consistent with the General Plan. MOTION: Com. Mahoney moved to recommend granting a Negative Declaration SECOND: Com. Bautista VOTE: Passed 5 -0 MOTION: Com. Mahoney moved to recommend rezoning parcels 359 -18- 046 and 359 -18 -047 from R3 to R1- 10,000 subject to the findings and subconclusions of the hearing SECOND: Com. Doyle VOTE: Passed 5 -0 Planning Director Cowan stated the City Council will hear this matter on April 6, 1993. 3. Application No(s) 1 -TM -93 and 1 -V -93 Applicant: R & Z Development Company Property Owner: John Schault Location: North end of Adrianna Avenue TENTATIVE MAP to subdivide into two parcels of 16,867 sq. ft. and 18,696 gross sq. ft. respectively. VARIANCE to allow a frontage of 40 feet instead of 60 feet as required in Section 19.06.50 of the Zoning Ordinance. Staff Presentation: Planner Bjurman reviewed the municipal guidelines regarding tentative maps for the benefit of the Commissioners. Ms. Bjurman presented the staff report dated March 8, 1993 and noted the project is consistent with the General Plan with regards to zoning and minimum lot size, but is not consistent with the minimum lot frontage. Planner Bjurman presented a map outlining potential building envelop configurations. She added the building setback between residential structures is 20 feet, the applicant is proposing a 55 -65 foot setback between the proposed side yards and the neighbors' rear yards. Regarding the flag lot configuration, Ms. Bjurman stated the City Engineer is proposing a 15 foot width for the driveway and this has been approved by the Central Fire District. Ms. Bjurman reviewed the parking requirements and noted the applicant is proposing two covered and four independent parking spaces. She also reviewed the impervious surface, noting the applicant exceeds the 50% maximum. She added, as it is not visible from the roadway, and there is a significant PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 4 amount of open space in the rear yard, staff recommends waiving the 50% maximum. She stated a condition requires that prior to demolition of the existing structures the applicant, in coordination with the Central Fire District, must determine the method of proper disposal of hazardous materials. Planner Bjurman reviewed the condition to protect the trees on the property. In response to Chr. Austin's question, Ms. Bjurman stated staff recommends waiving the 50% maximum for impervious coverage to achieve the off - street parking. Chr. Austin opened the public hearing. Mr. Maury Nelson, Civil Engineer, representing Mark Roberts, R & Z Development, noted tree #9 will present a problem as it will interfere with the driveway and access to the rear lot. He proposed removing the tree and replacing it with three 24 inch box trees. He noted trees 10, 11 and 12 could be preserved, but would like to retain the option to remove trees if deemed necessary and replace them with smaller trees. Regarding the parking, Mr. Nelson stated they would like to have the option of providing a three car garage and three off -site parking spaces. Mr. Nelson requested that the $10,000 bond for tree number 20 be waived as this will be well protected during construction, given its proximity. He noted it is the intent of the developer to protect the trees. Com. Bautista expressed concern about the parking area proposed and the amount of cement area between the two homes. Mr. Mark Roberts, R & Z Development Co., stated this is a conceptual plan at this time and when plans are drawn they would like to go with a three car garage. He stated he is interested in maintaining the trees and noted landscaping could be put between the two homes to breakup the parking area. He pointed out that the arborist recommends removal of tree #8 as it is dead. He added that tree #9 will cause problems as stated by Mr. Nelson. He stated it is his intention to save the redwood trees. Mr. Steve Arnold, 16716 The Alameda, stated a client asked him to look at this site a few months ago. He noted he received a negative opinion from staff with regards to subdividing this lot because of the configuration and front setbacks required. The public hearing was closed. Planner Bjurman stated the purpose for the four off - street parking spaces is for guests, but the code does allow for deviation. Com. Bautista stated he would like to hear from adjoining property owners regarding the parking proposed as they would be directly impacted by this. He suggested a condition that a structure on PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 5 p parcel one be placed between parking areas to minimize the amount of parking area which is close to the neighboring properties. Chr. Austin expressed concern about the parking. In response to Chr. Austin's question, Planner Bjurman stated there is no policy for flag lots in the current General Plan. The Commissioners discussed the width of the driveway to the flag lot. Planner Bjurman reviewed a drawing outlining the layout of the lot in comparison to adjoining lots. Com. Austin spoke in support of staff's recommendation regarding the tree preservation. Com. Mahoney stated he has no objection to removing tree #9. Planner Bjurman noted staff also has no objection to removing tree #9. Com. Doyle stated tree #20 should be bonded as proposed by staff. He noted these are only potentia:L building structures, as shown, and could be moved. Chr. Austin and Com. Mahoney concurred. Com. Bautista stated he has no objection to removing tree #9 and suggested $8,000 bond per tree for a total of $40,000. He expressed concern about the placement of the parking area and spoke in favor of a three car garage and three off - street parking spaces. Com. Doyle stated he has no objections to removing tree #9. He spoke in support of the two parking spaces enclosed and four off - street parking. He stated the $L0,000 bond per tree is standard and this should be maintained. He noted the bond should be on all trees identified by staff. In response to Com. Mahoney's question, Ms. Bjurman stated the Commissioners can require the driveway to be placed along the edge of the property. She noted this can be a condition of approval, but the Planning Commission should consider the trees that may need to be removed. Com. Mahoney stated he has no objections to replacing tree #9 with three smaller trees. He spoke in support of staff's recommendation regarding the parking spaces and trees should be bonded as identified by staff. Com. Roberts spoke in support of moving the driveway over to the property line and saving tree #9. He concurred with staff regarding the parking requirements. PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 6 Chr. Austin express 9d concern about overcrowding the property and setting a precedene- in the neighborhood. She feels the area is congested and will cause parking and traffic problems. Chr. Austin stated she would vote against this application at this time. She noted if this is approved the driveway should be placed along the property line and trees 9, 10, 11 12 & 20 should be saved. Com. Mahoney feels the lots are an appropriate size for subdividing. Chr. Austin re- opened the public hearing. Mr. Maury Nelson stated, as part of the proposal, they are proposing to dedicate the 15 ft. strip as public utility easement. He noted in the future if the property owners to the east wishes to develop their property, the land is there to make a wider driveway. He stated they prefer to keep the driveway as proposed and will try to save tree #9. In response to Com. Mahoney's question regarding the driveway, Ms. Bjurman recommended that the driveway adjoin the property line and noted condition #3 allows ingress /egress by anyone who is affected. Planning Director Cowan stated another suggestion could be two 50 ft. flags with a median in the middle. He noted if and when an adjoining property owner wants to develop their property the trees could still be saved. Planner Bjurman recommended creating a new condition #7 to read "The approval of the Tentative Map is subject to approval of the Variance." MOTION: Com. Mahoney moved to approve 1 -TM -93 subject to the findings and subconclusions of the hearing with the following modifications: Cond. 7 to read "The approval of the Tentative Map is subject to approval of the Variance "; If tree #9 is to be removed it must be replaced by three smaller trees; add to condition 3, "Including any potential adjacent parcels." SECOND: Com. Doyle VOTE: Passed 4 -1 NOES: Chr. Austin PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 7 P NEW BUSINESS: 4. Application No. 15 -TM -89 (Amended) Applicant: Kier & Wright 1 Property Owner: Harry Gheno Location: East side of Blaney Ave., between Rodrigues Ave. and Hall Ct. TENTATIVE MAP to amend a condition regarding tree preservation. t Staff Presentation: Planner Bjurman presented the staff report dated March 8, 1993. She noted the applicant is seeking an ► amendment to Condition 14 (Tree Retention) of the Tentative Map to allow the map to be recorded without tree bonding. Chr. Austin opened the public hearing. Mr. Harry Gheno stated he is available to answer any questions of the Commissioners. Planning Director Cowan stated the Council imposed this condition to prevent developers from damaging healthy trees. He noted no construction has been done on this site since the original condition was imposed. Chr. Austin closed the public hearing. Mr. Cowan stated the main goal of the bond requirement is to preserve the trees. In response to Chr. Austin's question, Ms. Bjurman stated a developer is required to obtain building or public works permits before demolition or construction of the site. Com. Bautista stated if the bond requirement is retained on sale, it complicates the purchase and sale process. He feels this is an unnecessary expense from the City's perspective. He stated his recommendation is to delete the language, but not insert any additional language. MOTION: Com. Mahoney moved to amend 15 -TM -89 subject to the findings and subconclusions of the hearing. SECOND: Com. Bautista VOTE: Passed 4 -1 NOES: Chr. Austin PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 8 1 5. Briefing of new Commissioners on technical aspects of the General Plan. Staff Presentation: Planning Director Cowan reviewed the Technical Aspects of Land Use Regulations as outlined in the handout presented to the Commissioners. He reviewed the key principals regarding the General Plan Land Use Policy for Local Government. Mr. Cowan displayed an excerpt from the General Plan showing zoning patterns and zoning types. He explained net vs gross density and discussed how floor area ratio is calculated. Com. Mahoney stated the floor area ratio was restricted on residential to control mass, but on commercial development it is to control the number of people on a given site. Mr. Cowan stated the main focus of the floor area ratio is to control the intensity of development with employment growth. Planning Director Cowan noted the Development Intensity Manual will contain descriptions of the Land Use Regulation Tools. Mr. Cowan explained the concept of the Slope Density Formula and reviewed the four formulas currently used by the City. He noted the County's Slope Density Formula is very restrictive. Mr. Cowan noted the tools he reviewed are general and there are ordinances which help guide decisions made by the Planning Commission. He went on to briefly explain the Traffic Intensity Performance Standards (TIPs), but noted this is proposed to be eliminated. REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Director Cowan stated the Affordable Housing Committee passed a housing mitigation plan for office and industrial development which the Council adopted. DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9 P.M. to the next Regular Meeting of March 22, 1993 at 6:45 p.m. PLANNING COMMISSION MINUTES Regular Meeting of March 8, 1993 Page 9 Respectfully submitted, ► M Rid Catherine M. Robillard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of March 22, 1993 Donna Austin, Chairwoman Attest: Dorothy Cornelius, City Clerk