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PC 11-08-1993 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 NOVEMBER 8, 1993 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairwoman Austin Vice Chairperson Mahoney ■ Commissioner Doyle (arrived 7:00 p.m.) Commissioner Bautista Commissioner Roberts (arrived 6:47 p.m.) Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Michele Bjurman, Planner II Thomas Robillard, Planner II Colin Jung, Associate Planner APPROVAL OF MINUTES: MOTION: Com. Bautista moved to approve the minutes of the meeting of October 11, 1993, as presented. SECOND: Com. Mahoney VOTE: Passed 3 -0 -2 ABSENT: Doyle, Roberts POSTPONEMENTS OR NEW AGENDA ITEMS: Item 3: Application 11 -U -93: Fit & Healthy Spa: Continued to the Planning Commission Meeting of November 22, 1993. Item 6: Application 8 -U -93 and 7- EA -93: Prabhakar R. Gudur Removed from Calendar. MOTION: Com. Mahoney moved to continue item 3 to the meeting of November 22, 1993, and remove item 6 from the calendar. SECOND: Com. Bautista VOTE: Passed 5 -0 WRITTEN COMMUNICATIONS: No discussion ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 2 ARCHITECTURAL REVIEW: 1. Application 1- ASA -93: Tevis Ignacio: Site and development plan for a single family residence located at 11209 Stauffer Lane. Staff Presentation: Planner Robillard presented the staff report dated November 8, 1993, noting the review should be based upon the RHS Ordinance. He noted the proposed structure meets most of the requirements of the RHS Ordinance except for color, flat yard area and second story off-set. Planner Robillard noted the color proposed has a reflectivity level higher than 60, but the applicant will use a darker shade to address this issue. He added the trim color should also meet the reflectivity level as written in the RHS Ordinance, but pointed out that the amount of trim on the house is minimum. Planner Robillard stated staff supports the amount of flat yard area as proposed by the applicant. He noted if the flat yard in the front was reduced, it would bring the structure closer to the edge of the slope. Regarding the second story off -set, Planner Robillard stated the RHS Ordinance requires the downhill second story elevation be 10 ft. over the first floor. He noted the applicant submitted this application before November 15, therefore can be judged under the more general policies of the General Plan. He stated staff supports the second story design as submitted for several reasons: 1. The building has many off -sets to break up the downhill elevation. 2. The second story off -set is relatively consistent with the other homes on Stauffer Lane. 3. The applicant has spent a considerable amount of time and money to develop the plans in accordance with the old RHS Ordinance. The design of the building started prior to the adoption of the new RHS Ordinance. 4. The off -set meets the intent of the general plan policy for stepping the structure up the hillside. Planner Robillard stated staff recommends approval subject to the findings and conditions in the model resolution. In response to Chr. Austin's question regarding privacy, Planner Robillard stated the applicant has installed a row of trees along the south property line to minimize privacy intrusion. He also pointed out that the soils investigation will be done by a soils engineer. Chr. Austin expressed concern about drainage. Planner Robillard stated as part of the soils study, the civil engineer will have to review the drainage swell to make sure it is engineered properly to prevent it from being washed out again. PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 3 In response to Com. Roberts question regarding the slope, Planner Robillard stated the slope is approximately 50% and this is the maximum allowed for grading purposes. He noted the existing 2:1 slope is approximately 20 ft. from the property line and this will be extended another 15 ft. He noted a 2:1 slope is standard when grading. In response to Com. Roberts question regarding sub - surface drainage, Planner Robillard stated, according to the engineer there has been a problem in the past with sub - surface drainage and this will be addressed in the soils report. He noted the average slope on the property is approximately 20 %. Com. Mahoney pointed out the trees to mitigate privacy intrusion are along the east property line. Applicant Presentation: Mr. Tevis Ignacio, 11209 Stauffer Lane, stated they intend to put in a concrete V -ditch to address the drainage. He noted the soils engineer has addressed any soils problems. Regarding the privacy intrusion, Mr. Ignacio stated the neighbors to the east are protected. He noted they have set the house back 35 ft. from the property line to address privacy intrusion. Mr. Ignacio addressed the front yard and noted they wanted more lawn and it is more attractive. Com. Doyle stated he has no problem with the trim color or the flat yard area as it is not out of scale for the house. He stated the retaining wall is acceptable. Planner Robillard stated the soils issue will be investigated further. Com. Roberts stated the color and flat yard area are reasonable requests. He stated he is not confident about the drainage and urged the applicant and staff to make sure this is addressed adequately. In response to Com. Bautista's question regarding the second story off -set, Planner Robillard stated the 2 ft. and 9 ft., as addressed in the staff report, are the minimum and maximum setbacks. He also noted the project is in a Planned Development Zone and not a RHS Zone. He added the retaining wall is no more that 5 ft. Com. Bautista stated he has no objection to the plan. Com. Mahoney stated there will be other applications similar to this and noted the Planning Commission may want to consider changing the 1000 sq. ft. for the flat yard area. He spoke in support of the application as submitted. Chr. Austin stated she is uncomfortable with the drainage system PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 4 and grading. She believes there are too many big houses in the hills and will vote against this application. Mr. Cowan pointed out that the Planning Commission should look at the architecture and site layout and noted it is staff's function to look at the technical problems associated with the grading. Com. Bautista stated if the Planning Commission is uncomfortable with 5500 sq. ft. house, they may need to revisit the issue of size. MOTION: Com. Mahoney moved to approve application 1- ASA -93 subject to the findings and subconclusions of the hearing with the correction to the placement of the trees on the east property line; body colors should be natural earth tones and /or vegetation SECOND: Com. Doyle VOTE: Passed. 4 -1 NOES: Chr. Austin PUBLIC HEARINGS: 2. Application No(s): 2 -Z -93, 10 -U -93 and 9 -EA -93 Applicant: KC Associates Property Owner: San Francisco Federal Savings & Loan Location: 10340 Bubb Road REZONING of a 1.6 acre parcel from ML -rc (light industrial) to BQ or such other zoning classification as deemed appropriate by the Planning Commission or City Council. USE PERMIT for a church, day -care and school activities in an existing 30,000 sq. ft. building. Staff Presentation: Associate Planner Jung presented the staff report dated November 8, 1993. He showed a site plan map outlining the location of the property. He stated that staff believes the conversion of this building to church use will encourage the long- term redevelopment of this area to residential use. Mr. Jung outlined the proposed uses for the building, which includes offices and classrooms for bible study. Regarding parking, staff believes this will not be a problem as most church activities will be concentrated on Sunday and Saturday evenings and weekday activities will be in the evenings. Regarding noise, Mr. Jung stated the noise impact from Highway 85 will remain below the City's noise compatibility standard for churches. Regarding Hazardous Materials, Mr. Jung stated Central Fire Protection reviewed the types and quantities of hazardous materials used by nearby companies and concluded that such material should not preclude the presence of church and day -care activities. PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 5 _ Regarding the proposed day -care, Mr. Jung stated the applicant is required to obtain a license from the State and believes they will not meet the State standards. He noted a negative declaration is recommended and staff recommend approval of the Rezoning and the Use Permit. In response to Com. Roberts question, Mr. Jung stated if the applicant can not meet the requirements of the State for the day care they will still go ahead with the Use Permit. In response to Com. Doyle's questions, Mr. Jung stated the school activity will be related to bible study. In response to Com. Bautista's question, Mr. Jung stated there are no churches in industrial areas in Cupertino, but there are some in San Jose. Com. Bautista stated he does not see a BQ zone in this industrial area. He stated if the area does not convert to residential, would the City allow a Church in this industrial area? Mr. Jung stated that a previous Planning Commission approved a church use in an office building on Stevens Creek Blvd. Com. Roberts asked is there precedence for day -care in an industrial zone? Mr. Cowan stated a Montessori school was approved on Maxine Ave., which is an industrial area. Applicant Presentation: Mr. Kevin Chaing stated it is hard to find a building which is adequate for church use. He noted other cities have converted industrial buildings into churches. He added if day -care is a problem they can eliminate it. Mr. Chaing requested double zoning, ML -rc and BQ, so that if the church forecloses on the property the property can be sold as industrial Mr. Cowan stated one property can not have double zoning. Mr. Jung stated the ML -rc Ordinance has a list of permitted light industrial uses and a church use is not among them. He noted the Church can be added as a conditional use to the ML -rc Ordinance, but in order to do this, this item should be continued to give staff time to notify. Mr. Brad Martin, representing San Francisco Federal Savings & Loan, stated if the church defaults on the loan the rezoning to a church use will cause problems for the bank. He noted if for some reason the church forecloses on the loan, the bank wants to be able to sell this as office /industrial. The public hearing was closed. PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 6 Com. Roberts stated the applicant and the owner should work out the type of zoning they request. He supports the rezoning for purposes of the Church use, but would not support day -care use. Com. Bautista stated he does not feel the proposed use is compatible with the current use of the adjoining properties and for this reason would not approve the project. He stated the question still needs to be answered about this area becoming residential. Com. Mahoney stated there is support throughout the community to support more residential in flat lands as opposed to the hillsides. He noted he feels comfortable with a church in this location. Com. Bautista stated even if this area becomes residential, the question still remains, how long it will take for this area to become residential, if in fact it will actually happen? He added there is no evidence of church property in industrial zones. Com. Doyle agreed that the day -care is inappropriate. He noted the church in this location, is making a move in the right direction to convert from industrial to residential. In response to Com. Doyle's question regarding jobs /housing balance, Mr. Cowan stated the City is required to provide 2500 units regardless of how many jobs there are. Chr. Austin stated the church use is compatible and does not feel a church has to be in a residential area. She stated the day -care issue should be left up to the State requirements. She stated she would not support the double zoning but would recommend approval at this time. Com. Roberts stated if the long -term goal is to develop this area as residential, the church would be good for this area. Mr. Chaing addressed the conditions and stated he would like to keep the hours of operation flexible. Mr. Jung stated the reason for the hours of operation is, if and when, the area is converted to residential the residents need to be protected. Mr. Cowan stated the City cannot regulate religious services, but can control non - religious activities. MOTION: Com. Mahoney moved to recommend granting a Negative Declaration. SECOND: Com. Doyle VOTE: Passed 5 -0 PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 7 MOTION: Com. Mahoney moved to recommend approval 2 -Z -93 subject to the findings and subconclusions of the hearing. SECOND: Com. Doyle VOTE: Passed 4 -1 NOES: Com. Bautista MOTION: Com. Mahoney moved to approve 10 -U -93 subject to the findings and subconclusions of the hearing with a change in hours to read " Hours of operation for non - religious activities are restricted to the period of 7 a.m. to 11 p.m." SECOND: Com. Doyle VOTE: Passed 3 -2 NOES: Com Roberts, Com. Bautista 4. Application No(s): 12 -U -93, 39- U -85(M) and 11 -EA -93 Applicant: New Life Church Property Owner: Same Location: 20900 McClellan Road USE PERMIT for a tutoring program and a storage building for an existing church. Staff Presentation: Planner Bjurman presented the staff report dated November 8, 1993. She stated the proposal is to amend the existing use permit to add a private school program and also add a storage shed in the rear of the property. She noted the primary concern is adequate parking and staff believes parking is sufficient. She noted there is a condition of approval to limit uses not to exceed parking availability. Planner Bjurman stated staff recommends denial of the shed as it clutters the site. It is also architecturally incompatible with the primary structures and are difficult to remove once used. She noted staff recommends approval of the conditional use permit for the private education facility subject to the conditions of approval. Chr. Austin opened the public hearing. Applicant Presentation: Mr. Tim Isbell, New Life Church, stated the value of the church is raising the next generation. He stated the church wants the opportunity to educate and the tutoring program also generates more revenue. Regarding the storage room, Mr. Isbell stated the proposed location is well shielded from McClellan and is behind bushes. He noted the storage is short term. Chr. Austin closed the public hearing. In response to Com. Mahoney's question, Planner Bjurman stated staff does not support temporary buildings in general, but where PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 8 the shed is proposed is the best location. Chr. Austin spoke in support of the conditional use permit, but would not support the storage shed. The Commission agreed. MOTION: Com. Bautista moved to recommend approval of 39- U -85(M) subject to the findings and subconclusions of the hearing, but would not support the temporary shed. SECOND: Com. Mahoney VOTE: Passed 5 -0 5. Application No(s): 4 -TM -93 Applicant: David O'Connor Property Owner: Same Location: 10235 Byrne Avenue TENTATIVE MAP to subdivide a .85 acre parcel into 4 lots. Staff Presentation: Planning Director Cowan presented the staff report outlining the property location on a site plan map. He noted the proposal is to subdivide this property into four lots. He added the proposal entails the rear structures being built over the bank. He noted staff is concerned about flag lots and believes they create an awkward situation in the back two lots. He added the slopes are steep on the two back lots. Mr. Cowan stated staff recommends three lots and have all structures up front to keep the back of the property in its natural state. He added there are no flag lots along Byrne Avenue with the exception of the first development at Stevens Creek and Byrne Ave. Mr. Cowan outlined the steepness of the slopes on the back of the property. He pointed out that the lot size is not an issue for four lots, but noted if the four lot subdivision is granted an exception would be needed for building on the back two lots. Applicant Presentation: Mr. David O'Connor, 10235 Byrne Avenue, stated he has owned this property since 1940 and he is not able to keep up with the property. He added he supports the proposal as it leaves wide frontages on the lots which enhances the neighborhood. He believes the 30 ft. access for the flag lots is adequate and the flag lots look better than all four houses being clustered up front. He noted he took the plans to his neighbors who expressed their support. He added the two lots in the back can be hidden by trees and vegetation and noted there is adequate storm drain for the proposed plan. Mr. Maurie Nelson, Civil Engineer, presented slides outlining the surrounding area and flag lots in the immediate vicinity. He noted the two lots, recently approved on Tula Lane are similar to what is being proposed. He disagrees with staff that flag lots decrease PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1393 Page 9 neighborhood identity. He stated the 30 ft. access will allow for visibility of the rear lots. He noted the parcels can be graded and all water drainage can be directed out to Byrne Avenue. He added the Public Works Department has conditioned this project to install a storm drain along Byrne Avenue that would connect to an existing storm drain. He stated this would reduce the amount of water that falls on the slope. Mr. Nelson continued showing slides outlining the view of the property from other areas. Mr. Nelson noted the golf course, has a number of trees which are adequate for screening and the site in question is only visible from one location on the golf course. Mr. Nelson reviewed the trees which will be removed from the property, noting some of these tress are distressed. He noted benefits to the City include installation of a storm drain and City street improvements along the front of the property. He noted there are no geotechnical problems and proper landscaping can significantly screen the property from the golf course. Mr. Nelson stated flag lots have been approved by the City and have been successful. He urged the Planning Commission to approve this subdivision. In response to Com. Roberts questions, Mr. Nelson stated the roof drains could be collected into a plumbing system that could drain them out to the new driveway and the house could be set more into the hillside. Mr. Nelson noted the visual impact could be mitigated with architectural elements and landscaping as has been done before. Chr. Austin closed the public hearing. Com. Mahoney stated the back two lots are steep slopes and does not support pushing the houses over the slope. Com. Bautista stated the proposal of the flag lots is to build the structures on a steep slope and too close to the golf course. He noted he would like to see an alternative plan for a three lot subdivision, all facing front. Com. Doyle stated although it is important to fully utilize the open space available for housing, he does not believe the flag lots are a good idea in this neighborhood. He stated he would also like to see a three lot subdivision, facing front. Com. Roberts expressed concern about the flag lots and structures on steep slopes. He stated he would support staff's recommendation. Chr. Austin expressed concern about the removal of trees and also the flag lots. She spoke in support of reviewing a three lot subdivision. PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page 10 Chr. Austin informed the applicant that he could continue this hearing and submit a three lot subdivision or go forward to the City Council. The applicant requested that this go forward. MOTION: Com. Roberts moved to deny application 4 -TM -93 subject to the findings and subconclusions of the hearing. SECOND: Com. Mahoney VOTE: Passed 5 -0 7. Application No 80,011 and 12 -EA -93 - Zoning Amendments: Public hearing to consider minor amendments to Title 19 of the Municipal Code. The purposes of the Amendments are to clarify and correct changes that occurred during codification. Staff Presentation: Planner Bjurman presented the staff report and outlined the proposed modifications to Chapters 14, 16 & 19 of the Cupertino Municipal Code. Ms. Bjurman outlined further changes recommended by the City Attorney. With regards to chapter 19.48.070, Ms. Bjurman stated any development over eight units must show which units are BMR units. She added anything below this pays an in lieu fee. Com. Mahoney stated this section need to be clarified. Com. Bautista suggested word changes chapter 19.56.070, to read "The applicant for building permit must obtain approval: A. From the Planning Commission if the new building square footage is 4999 or less. B. From the City Council if the new building square footage is 5,000 or greater. Mr. Cowan stated the City Attorney will clarify this before it is written up into an ordinance form. Com. Bautista asked what the recommendation from the City Attorney was regarding rotating shelters? Ms. Bjurman stated the City Attorney's concern was, as a permitted use, staff could not confirm that the provisions were actually met, nor monitor that they were being completed as a permitted use. She stated the City Attorney recommends they be confirmed through the Planning Director. Chr. Austin opened the public hearing. Chr. Austin closed the public hearing. PLANNING COMMISSION MINUTES 1 Regular Meeting of November 8, 1993 Page 11 MOTION: Com. Mahoney moved to recommend granting a Negative Declaration. SECOND: Com. Doyle VOTE: Passed 5 -0 MOTION: Com. Mahoney moved to recommend approval of 80,011 subject to the findings and subconclusions of the hearing, with the wording changes suggested by Com. 1 Bautista. SECOND: Com. Doyle VOTE: Passed 5 -0 1 OLD BUSINESS: 8. "Heart of the City" Design Charette Update. City Planner Wordell stated the Design Charette will begin on Friday at 4 p.m. and continue through Saturday. She noted staff has held a public workshop with approximately 25 people in 0 attendance. Three neighborhood meetings were held, with approximately 20 people in attendance at each meeting. Two meetings with the Chamber of Commerce were held. Ms. Wordell noted Tour Guides were distributed as well as posters. She added there is a video available at the library and shown on cable. Ms. Wordell stated these meetings were informative. Ms. Wordell stated the products the team will come up with are as follows: 1. Long term view of what should happen in the study area, which is on or near Stevens Creek Blvd. 2. Short term view, in a five year period, what could be done to achieve the goals. Ms. Wordell encouraged the Planning Commissioners as well as the public to attend. REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Cowan encouraged the Planning Commissioners to attend the annual League of California Cities Planning Commissioners Institute. DISCUSSION OF NEWSPAPER CLIPPINGS: - None PLANNING COMMISSION MINUTES Regular Meeting of November 8, 1993 Page, 12 ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9:45 P.M. to the next Regular Meeting of November 22, 1993 at 6:45 p.m. Respectfully submitted, en - bLQ 4Le., 1M (Z � card Catherine M, Ro i ar Recording Secretary Approved by the Planning Commission at the Regular Meeting of November 22, 1993 Donna Aust n Chairwoman Attest: Ki.m Smit , City C er