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PC 06-12-2012 CITY OF CUPERTINO 10300 Torre Avenue Cupertino,CA 95014 CITY OF CUPERTINO PLANNING COMMISSION AMENDED MINUTES 6:45 P.M. June 12, 2012 TUESDAY CUPERTINO COMMUNITY HALL The regular Planning Commission meeting of June 12, 2012 was called to order at 6:45 p.m. in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA. by Chair Marty Miller. SALUTE TO THE FLAG ROLL CALL Commissioners present: Chairperson: Marty Miller Vice Chairperson: Don Sun Commissioner: Winnie Lee Commissioner: Clinton Brownley Commissioners absent: Commissioner: Paul Brophy Staff present: City Planner: Gary Chao Senior Planner: Colin Jung APPROVAL OF MINUTES: 1. Minutes of the May 8, 2012 Planning Commission meeting: MOTION: Motion by Com. Lee,second by Vice Chair Sun,and unanimously carried 4-1-0, 4-0-0, Corn. Brophy absent; to approve the May 8, 2012 Planning Commission minutes as presented. 2. Minutes of the May 22,2012 Planning Commission meeting. MOTION: Motion by Com. Lee,second by Vice Chair Sun,and unanimously carried 4-1-0, Com. Brophy absent; to approve the May 22, 2012 Planning Commission minutes as presented. WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None CONSENT CALENDAR: None Cupertino Planning Commission 2 June 12, 2012 PUBLIC HEARING 3. EXC-2011-01,V-2011-03, Hillside Exception to allow a 4,478 sq. ft. single family (EA-2011-17) residence plus an 840 sq. ft. basement to be constructed Barre Barnes on slopes of 30%or greater; Variance to allow an (Holiday Drive,LLC) attached first story deck more than 18 inches above grade 21740 Rainbow Drive to be set back 0 feet from the property line where 10 feet is required. Tree removal permit to allow the removal and replacement of a 20" diameter, two-trunked, Coast Live Oak and a 28" diameter, three trunked Coast Live Oak; Mitigated Negative Declaration. Postponed from May 22, 2012 Planning Commission meeting. Planning Commission decision final unless appealed. Colin Jung,Senior Planner, presented the staff report: • Reviewed the application for Residential Hillside Exception for a new 4,478 sq. ft. single- family residence plus an 840 sq. ft. basement to be constructed on slopes greater than 30% on a vacant lot; variance to allow an attached first story deck more than 18 inches above grade to be set back zero feet from the property line,where 10 feet is required; and tree removal request for removal and replacement of Coast Live Oak trees,as outlined in the attached staff report. • The Midpeninsula Regional Open Space District (MROSD) has three concerns, including fire protection because of a lack of deck setback from the property line; as they are concerned that they would need to clear the vegetation on their property in order to make the proposed residence safe, and they do not feel that burden should be placed on them;which is opposite of their mission in that they are to preserve open space and not be clearing vegetation from the property. Another concern relates to the potential visibility of development from Preserve; and tree removal procedures, i.e., if the city was requiring replacements and avoidance of spread of tree diseases(SODS). In response to the comment letter, he said he has responded to the MROSD to inform them what measures they have incorporated back into the project as well as one they will request the Planning Commission to adopt with the resolution. • Staff will recommend denial of the deck setback variance; applicant is aware of that and is agreeable given the MROSD's concern. Staff has also included a condition in the hillside exception that requires the deck to be built of either fire resistant or fireproof materials, contingent on acceptance of approval by the County Fire Department. • The residence is not visible from preserved trails; however, there are some replacement Oaks that will be required because of tree removals and if there is any perceived visibility of the home, either from MROSD standpoint or what is seen once the property begins development, the trees can be sited in a way to screen the house from the MROSD lands. Building colors and lighting will follow the RHS regulations which is compatible with the MROSD interests. Replacement Oaks will be required following removal protocol to avoid the spread of Oak diseases. • Staff recommends that the Planning Commission approve the project by adopting a Mitigated Negative Declaration for the project; deny the variance request in accordance with the draft resolution; approve the hillside exception in accordance with the draft resolution; and approve the tree removal permit in accordance with the draft resolution, with the added condition that the trees shall be removed during the dry season and disposed of in a Santa Clara County landfill, and the tree shall be removed following California Oak Mortality Task Force protocols. Staff also adds that the conditions of approval be added to the applicant's building permit so that the people who are building the house are aware of the conditions of approval and need to follow a separate protocol for the tree removal. Cupertino Planning Commission 3 June 12,2012 Staff answered Commissioners' questions about the project. Barry Barnes,Applicant: • Said he worked diligently with staff to propose a house that would be suitable for the area. He said the deck was proposed because it would be the home's only yard,but he was not opposing the city's decision to deny the deck. Chair Miller opened the public hearing; as there was no one present who wished to speak, the public hearing was closed. Corn.Lee: • Complimented staff and the applicant on the excellent job on the project as it is a unique property. Said she would recommend that the variance be denied, as she felt it was unfair that the Fremont Older Open Space District would be responsible for clearing the vegetation to prevent fires. Recommended adding the condition that the trees be removed during the dry season and follow the protocol as recommended. Vice Chair Sun: • Said he supported staff's recommendation; the applicant had stated that he would not oppose the denial of EA-2011-03. Said he felt that if there had been better communication perhaps the problem could have been solved. Corn.Brownley: • Said he supported staff's recommendations; and agreed with Commissioners that the applicant and city staff did excellent work creating a project that fits within the constraints of the land and coming up with a viable solution. Gary Chao: • Said the main reason staff was not recommending support for the deck, was because of the comment received from MROSD in terms of their issues with the fire safety consideration. He said they do not have an issue with the aesthetics or the physical location of the deck; but staff would respect that the MROSD was a neighbor with their charter and objectives, and they would support their concerns. Colin Jung: • Said from staff's point of view, there is a fire issue; but they felt that if the deck itself would have been built of fireproof or fire resistant materials, it would have been satisfactory enough. After talking to the district itself, they were not comfortable with that measure of mitigation; they still felt they would be encumbered by a development that was too close to their lands; that they would have to clear the vegetation and it presented an encumbrance of a long term liability exposure for them to do that type of maintenance. Chair Miller: • Said he supported the project. Gary Chao: • Suggested including an additional sentence in the condition regarding tree removal procedure: "that prior to the issuance of the building permit, the tree removal plan be submitted to the City arborist for review and approval"which would trigger the confirmation that the protocol is followed and procedure set forth in proper order. Cupertino Planning Commission 4 June 12,2012 MOTION: Motion by Corn. Lee,second by Com. Brownley,and unanimously carried 4-0-0, Com. Brophy absent, to approve EXC-2011-11, TR-2011-19, EA-2011-17 with the added condition to the tree removal permit, that prior to the issuance of building permit, the final tree removal plan be reviewed by the city arborist; also add a condition that the tree shall be removed during the dry season and disposed of in a Santa Clara County landfill, and that it be removed in accordance with California Oak Mortality Task Force protocol; and also move to deny Variance 2011-03 per the draft resolution. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION ENVIRONMENTAL REVIEW COMMITTEE: • Chair Miller reported that the committee discussed some changes to the Capital Improvement Program. HOUSING COMMISSION: No meeting MAYOR'S MONTHLY MEETING: No meeting. ECONOMIC DEVELOPMENT COMMITTEE: No meeting. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: • Written report submitted; no additional report. Adjournment: The meeting was adjourned to the next regular Planning Commission meeting scheduled on June 26, 2012 at 6:45 p.m. Respectfully Submitted: Elizabet dr is, Recording Secretary Approved as amended: July 10, 2012