PC 12-13-99CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408)777-3308
APPROVED MINUTES OF THE REGULAR MEETING OF THE
PLANNING COMMISSION HELD ON DECEMBER 13, 1999
SALUTE TO THE FLAG
ROLL CALL
Commissioners present:
Corr, Harris, Kwok, Stevens, Chairperson Doyle
Staff present:
Robert Cowan, Director of Community Development; Steve Piasecki,
Incoming Director of Commnnity Development; Ciddy Wordell, City
Planner; Colin Jung, Associate Planner; Vera Gil, Planner II; Peter Gilli,
Planner l; Carmen Lynaugh, Public Works; Rhys Rowland, Planning
Intern; Greg Casteele, Sr. Building Inspector; Charles Kilian, City
Attorney.
APPROVAL OF MINUTES:
Minutes of the November 22, 1999 Planning Commission meeting:
MOTION: Com. Harris moved to approve the minutes of the November 22, 1999 I~lalming
Commission meeting as presented
SECOND: Com. Stevens
VOTE: Passed 5-0-0
WRITTEN COMMUNICATIONS: Com. Harris acknowledged receipt oI' a communication
from Marion Bridge regarding the vacant property bordered by Tantau, Stevens Creek, Finch and
Vallco Parkway. Ms. Bridge suggested that the property be made into a park, and named I Icritagc
Park.
POSTPONEMENTS/REMOVAL FROM CALENDAR:
Application No.(s):
Applicant:
Location:
5-U-97 (14-EA-97, 4-Z-97)
Hossain Khaziri
22020 Homestead Road (and Maxine)
Use Permit to demolish a vacant service station and construct 7 single-thmily residences.
To rezone a .96 acre parcel from Planned Development (general commercial) to Plmmcd
Development (residential)
Tentative City Council meeting January 3, 2000
Continued from Planning Commission meeting of November 3, 1999
Request continuance to meeting of January 1 O, 2000
5. Application No.(s): 7-TM-99, 32-EA-99
Planning Commission MinUte's 2 Decemb'er'l 3, 1909
Applicant:
Location:
Hossain Khaziri
22020 Homestead Road (and Maxine)
Tentative map to subdivide a .96 parcel Jato eight lots (seven residential parcels and one strccD
Tentative City Council meeting January 3, 2000
Continued from Planning Commission meeting of November 3, 1999
Request continuance to meeting of,January 10, 2000
Application No.(s):
Applicant:
Location:
16-U-99, 3 I-EA-99
Stanley Wang
10060 S. Stelling Road, 10051 Bianchi Way
Use Permit to demolish three single family dwellings and construct eight towahomcs totaling
17,112 sq. ft. on a 23,170 sq. ft. lot.
Tentative City Council meeting `january 3. 2000
Continued from Planning Commission meeting of November 3, 1999
MOTION:
SECOND:
VOTE:
Com. Corr moved to postpone Items 3, 5 and 7 to the January 10, 2000 I~hmaiag
Commission meeting
Coral Harris
Passed 5-0-0
ORAL COMMUNICATIONS:
Mr. Robert Cowan, Community Development Director, introduced Mr. Steve Piasecki,incomiag
Community Development Director, who will replace Mr. Cowan, who is retiring in December.
Ms. Donna Aastin, former Planning Commissioner, and Ms. Sharon Blaiae, Cupertino rcsidcnl,
paid tribute to Bob Cowan on his retirement fi'om position of Director o1' Community
Development.
CONSENT CALENDAR
Application No.(s):
Applicant:
Location:
18-U-96(M)
Camthuy Nguyen
7466 Kingsbury Place
Use Permit modification to remove eucalyptus trees protected as part of a phnmed rcsklcntial
development.
Planning Commisaion decision final unless appealed
MOTION:
SECOND:
VOTE:
Com. Kwok moved to approve Application I 8-U-96(M) of the Consent Calcadar
Com. Corr
Passed 5-0-0
PUBLIC HEARING
4. Application No.: 29-U-85(M)
Planning Corem ission M in~t~s 3 Deeem b'er- 13, 1999'
Applicant:
Location;
First Baptist Church
10151 Howard Court
Modification to a Use Permit to demolish or rbmove asingle family residence (McCubbin I louse)
and construct a new one.
Planning Commission decision final unless appealed.
Continued from Planning Commission meeting of November 8, 1999
Staff presentation: Mr. Colin Jung, Associate Planner, referred to tile vicinity map and tentative
map and illustrated the location of the McCubbin House. He briefly reviewed the below market
rate (BMR) criteria, and referred to the January 4, 1999 City Couucll minutes wherein thc City
Council was aware that although the Planning Commission did advance a recommendatiml Ibr a
10 lot subdivision to the Council, the applicant said there was no reason to do a l0 lot subdivisiou
because the l0th lot was still going to be owned by the chumh, and would not be building a new
hoose, but relocating the McCubbin House to it. The Council discussed the BMR requirement and
also as it relates to the park fee required when a new lot is created. Mr. Jung said that siacc
November 8th the applicant submitted a structural inspection on the property. The senior building
inspector concluded that the house is sound, but does reqaire some work to bring it to cnrrcnl
historical building cbdes, but staff feels it is not an inordinate amount of work and concludes that
there is no compelling reason to demolish the house. Staff is still not in thvor o~' relocating thc
McCubbin House ontside the Cnpertino city limits, and there currently is Ilo Cupertino buyer I'm~
tile house and the only other option is an interested person living outskle Cupertino. Sla['l'
recommends denial of the application.
Com. Harris said that the builder offered to build a house for use as a parsonage. She questioned il'
it could be construed that because the developer is actually building a tenth house, oae of Ihcm
shonld be a BMR under the city rules, and wonld it be legal to say that the house would bc
considered the parsonage as long as it is leased or givea to the active pastor, bnt il' thc chnrch
decides to sell tile house or lease it to someone else, they wonld have to follow thc existing BMR
rules.
Mr. Charles Kilian, City Attorney, explained that tile honse could not be sold without subdividing
it further, as it was part of the remainder of the big parcel. He said that tile approwd was made as
part of the parsonage, otherwise it would not be part ol~ the BQ zone, and if it ceased to he a
parsonage, it becomes ail additioaal property developmeat and theret'ore park dedication I'ccs
would be due. He said in his opinion, if it is developed aad leased privately and not used lis a
parsonage, then it probably triggers the requirement, but it can't be sold siace there would bc aa
additional subdivision needed in order for it to work. Mr. Kilian said that there could bca
condition, that if the house was ever not used as a parsonage, it would be considered a new
development for purposes of charging park dedication fees and for purposes or' BM R.
Mr. Kilian said that the condition stated that tile McCubbin House was to remain as a laadmark
and the object is no longer to leave it as a landmark; therefore tile original coaditkm would have It/
be modified in order to grant the request.
Mr. Greg Casteele, Sr. Building lnspector,'explained the historical code and tile results ol' a rcccm
inspection. He said that the house doesn't have to be on a state register; if a local jurisdiction or
agency deems it as historical value, the historical code can be applied. It derates items such as
egress windows, and makes allowances for different elements and t'eatures. I lc said the historical
Planning Commission Minutes 4 DecemF, cr 12, 1999
code provides a measure of safety for tile house to be lived in. According to what was looked
there was no distress, the load paths were generally there, aud there are large walls which make
good shear walls. He said it was not an irregular shaped building that would bc difficult m rcm*fit.
Pastor Al Baker, First Baptist Church, said it was their intention to use tile house as a parsonage:
and the contractor offered to build a new home on tile property. Fie said thcrc wcrc people
interested in acquiring the borne free of charge; however, there was no available property brgc
enough in Cupertino for the home. He said it was still their desire to have a new home huill on Ibc
property for a parsonage, and was not opposed to having restrictions about furore sale ol' thc
house. He offered suggestions about some restrictions about the disposal of the house, stating that
if after a period of three months it could not be relocated to a site in Cupertino, they be permilled
to give the house to Mrs. Loll in San Jose who has property in San Jose to put thc house on. I le
said that the church did have space on their property presently to move tile house onto: however,
possibly in the future that land might be needed for a church school and thc church would nccd
permission to move the house again. He said that they could also move tile honse Ohio tile
property wbere the Howard house presently is.
Chair Doyle opened the meeting for public input.
Mr. Dick Shuster, Cupertino Housing Commission, said that the Housing Commission supporlcd
staff's recommendation. He said tbat tile project is precedent setting, itl that it is tile firsl
development in the City of Cupeffino, County of Santa Clara, aud most likely thc Slate
California, in which a church has developed market rate housing. He said, should the Phmning
Commission approve the request, the Housing Commission recommends that thc applicaul
designate one of the uine homes under construction as BMR, as the church plans to buikl a Iculh
house for the parsonage. The fact that the lot is zoned BQ should not exempt thc church from
meeting the city requirement. Should that be too oaerous for the Comnfisskn~, they rccmmncnd
that the ne~v unit be designated as a BMR housing unit, with the exemption Jbr thc current paslm'
to reside there, and succeeding pastors be given the right of first refi~sal.
Ms. Eve Hanson, 4531 Capistrano Avenue, San Jose, asked if the City of Cupertino was interested
finding a location in Cupertino to move tbe house onto and offer it at a BMR rate, as there was
interest in preserving the home and interest in providing the opporttmity for someone to pt.'chase a
home at a below market rate. She asked about the possibility of the house being moved to a
location outside Cupertino ifa location within the city limits could not be found within a specified
time period. Sbu also suggested moving the house to a location such as Kelley Park in San Jose.
Mr. Cowan reported that after a period of almost two years, the Snyder house, fi'om tile Diocese
property, still has not been moved to another site. although it was offered Ii'cc of charge to
interested parties.
Mr. Mike Chun, architect, said that the McCubbin house would not retain its unique character after
remodeling because of the extensive work necessary. He said it would be very costly to remodel
the house, from $100,000 to $250,000.
Chair Doyle closed the public hearing.
Cbair Doyle summarized the options as retaining tile house, moving tile house, or demolishing thc
house.
Planning Commission Min[lte's 5 l)cccmfi'cr-I 3, 1999
Com. Stevens said that he ,,vas in ['hvor of saving the hotlse, and that moving it in or omsidc
Cupeffino were alternatives. Relative to BMR, he said if the house was sokl at a later date, any
action would be keyed to when the property is'sold. However, leasing it or rcntiug it would have u
restriction. Com. Kwok said that he was in hvor of retaining the house on the property Ibr a
window period of three years, and if there were no iuterested pa~ies in moving thc house wiflfin
Cupeffino, the house could be moved oatside of the city. He said as long as the house was
occupied by a Pastor, no BMR would be a requirement. If the house was occupied by anyouc
other than a pastor, BMR would become a requirement. Later in the discussiou, he said hc would
suppoff the house being moved offsite. Com. Corr said he felt the house should be retained ou ils
site and brought up to code; or reve~ back to the beginning and require a BMR uuit. Com. I bu'ris
said that she did not object to saving the house inside or outside of Cupertino, or selling il
someone wanting to locate it elsewhere. She said she did not [~el a three year period was
reasonable as a contractor may uot be willing to construct the uew home fi~r Iht same price iu
three years. She said if a new parsonage is built, the curreut or t~ltLu'e pastor should bc al'J¥l'dcd
the oppo~unity to reside in the home; however, if it is sold at a later date, it should be sul2jcct to
the same BMR requirements. Chair Doyle said he was in thvor ora new house tbr thc pastor will~
restrictions imposed; and keep the old house on site in place of the Howard house il'possible. Mr.
Kilian suggested that the condition state that the house remain as a parsonage and not be used
any other purpose. He said it was pa~ of the BQ and use permit development, and was mcaut
an adjunct to the church, for a parsonage used/bt the pastor to live in and is why it was not part o['
the original development.
MOTION:
SECOND:
NOES:
VOTE:
Com. Harris moved to approve the trausfer of the McCubbin [ louse to a party who
intends to place it on another lot witlfiu or outside ol~ thc Cityo[' (_'Ul~Crtino: wilh
no restriction on tile transfer as to whether it is tree or at cosl, with ao rcstriclitm
on holding it for a period of time; also moved that a new house bc allowed to bc
developed there with the inteut of being a parsouage ou thc B(,) Iol aud that tl~c
conditions discussed by tile Housing Commission aud accepted by thc paslor bc
put into play, which is that it can be lbr tile active pastor tlr stlbscqucul active
pastor, but if' offered to someone else, tile BMR rules would apply to flint person
and it would have to be offered through whatever organizatiou and rules thc city
has administering of BMRs elsewhere in the city.
Com. Kwok
Corns. Corr and Chair Doyle
Passed 3-2-0
Com. Corr said that he agreed to keep the house, but said that if this had been developed wilh thc
idea of building 10 units, there would have been a BMR house; and he fi21t this was a clever way
of avoiding paying a fee to get out of having a BMR unit in Capertino. They ute hard cmmgh to
come by in Cupertino, and even though this will be one if anything should happcu in thc future,
another opportunity has slipped by.
Chair Doyle said his position was similar to Com. Corr, but said that there was no protcctiou flu'
tile McCubbin House, it was a home that was thought to have been protected, in a good place aud
a good example of early Cupertino, and through decisions it was put at risk and 0otcntially moved
out of Cupertino.
Mr. Cowan noted that the decision is final unless appealed within 14 calendar days.
Planning Commission Min'ut~s 6 I)eccm~cr'13, 1999
Pastor Baker thanked tile Planning Commissioll alld assured Ih¢lll that lhcrc was no deviousness
involved.
Application No.:
Applicant:
Location:
12-U-99
Santa Clara Family Dental
10413 Torre Avenue
Use Permit to add 1,015 square feet to an existing office building aud revise-parking plan.
Planning Commission decision final unless appealed.
Continued from Planning Commission meeting of November 3, 1999
Staffpresentation: Ms. Vera Gil, Planner 11, provided a brief update on tile application, which was
presented at the November 3rd Planning Commission meeting; at which time concerns were raised
by neighboring property owners and tenants of the parking problems in the center, lu response Io
concerns raised, staff has provided survey data, outlined in the staff report. The snrvey indicated
that the Cupertino Dental parking situation is below standard, while tile remaining development is
at standard.
The applicant did not speak.
Mr. Dennis Whittaker, Pacifica Suites, spoke in opposition or'the application approval, lie said hc
had not received a phone call or letter, nor did the fellow owner of Pacifica Snitcs Condo Assoc.
He said he welcomed Santa Clara Dental into the area and said tile addition would make the office
area more professional. Mr. Whittaker discussed the parking survey results which were outlined
in the staffreport, as well as the existing parking problems lbr the center. I le said that il' Ibc dental
building was expanded, he would like to see the doctor keep his word that he was a cosmetic
dentist with one staff member and one receptionist with no plans ['or expansion flit 5{) years. I lc
also spoke in favor of a restriction that cars not be towed. He said he did uot waut thc applicant It/
be penalized, but also did not want tile businesses and tenaats who have been iu tile complex
many years to be penalized by tile expansion. He said all additional office expausion would only
compound the parking problem. He reiterated that he would welcome the dcutist to Ihc
community, but in tbe existing space, not with additional office space. Mr. Whittaker said that hc
was presently being impacted by the parking problem.
Staff answered questions regarding tile data gathered from tile parking survey o1' thc center.
Chair Doyle closed the public input portion of the meeting.
Ms. Gil sai.d that when tile business license is issued, if the space converted l'rmn o['ficc space lo
dental, staff would address the parking situation relative to the number of parking spaces rcquircd.
[f changes are made without the proper permits, they would be in violatiou ol' thc usc permit und
building codes.
Com. Harris said she felt it was not a valid study as they did not have tile correct data relative Io
the parking survey because of the time of day that the survey was taken, and size or' parking spaces
to reach finalize a decision.
Planning Commission Mini~tds 7 l)ccemffc~: 13, 1~99
Com. Stevens said that there is an overall parking problem aud ouly a portion o1' thc problem is
being addressed. He pointed o[It that maneuvering the smaller portion in an attempt lo solve Ihe
larger problem was not the answer. He said lie also felt that because of tile holidays, I[1¢ parking
survey was not an accurate one. He recommeilded a restriction stating that undcvch)pcd space
be allowed for dental space, but be restricted to general office until a proper study m .lanum'y in'
February. If the parking study then reveals that tbere were no problems, l il't tile restriction.
Com. Kwok said the parking survey taken over the holidays indicuted that there was adcqLmtc
parking space in the center. He said tbat penalizing tile applicant would not solve thc overall
parking problem in the ceuter. He said lie supported staff recommeudation to approve thc
application without restrictions.
Com. Corr expressed concern about the parkiug issue and said lie snpporlcd Com. Slovens'
compromise position, to approve the application with restrictions on the vacant space Itl rculaill ils
office space until such time that the parking study can be addressed to dctcrminc thc pm'king
situatioa.
Com. Harris said that althougb she supported the application, she could not upprovc it bcl'orc
another parking study using late afternoon and otber than late days. She said she would also like
to review what was approved for the entire center.
Chair Doyle said lie concurred with Com. Flarris. He expressed couccrn thut all the buildiugs iu
the area had the atrimns and had the ability if the parking requirements were changed toinfill Ibcir
development. He said he felt tbe parking stats were still uncleur.
Relative to continuance of the item, Mr. Kiliau explained tbat because thc imm bus been pcndiug
['or some time, it would be appropriate to have the applicaut determine il'a continuance wus in his
best interest. If he did not wish a continuance, a decision rnust be made, as it is unlhir to hold thc
applicant up to a generalized study that may take two months.
Dr. Sagbezcbi said that he purchased the building over 6 months ago, and expressed li'uslratiou
that he has not been able to proceed as lie met tbe requirements, and pointed out that it was not his
building alone that was causing the parking problem and i'elt he should uot be pcmdi×cd fin' a
problem that already existed in the center. He said tbat lie cannot lease out the other space because
lie must divide the space and lie cannot do that until lie is grauted the permit. Ilo asked thai thc
Planning Commission vote on the application, rather than continue tile item.
MOTION:
SECOND:
NOES:
VOTE:
Com. Harris moved to deny Applicatiou 12-U-99 as there was not au adequate
parking study taking tbe whole center into consideration and that rcllects thc
actual parking circnmstances during the peak times ol'the ccutcr
Com. Stevens
Com. Kwok
Passed 4-1-0
Coin. Harris submitted a Minute Order to direct staff iii January to conduct a traffic study and look
up the ratio for the eutire center.
- Cbair Doyle declared a recess from 8:55 p.m. to 9:10 p.m.
Planning Commission Miniite's 8 December I.~. 19'~
Application No.:
Applicant:
Location:
17-U-99
J. Michael Horton A.I.A. (Church Assembly)
20075 Bollinger Road
Use Permit to demolish 800 square feet of an existing church and add 7,308 sq. ft o1' classroom,
multi-use and support rooms
Planning Commission decision final unless appealed
Staff presentation: Mr. Peter Gilli, Planner 1, referred to the site photos anti reviewed thc
application for a Use Permit to demolish 800 square feet of an existing church and add 7,308
square feet of classroom, multi-use and support rooms. He illustrated the location ol'thc pruposcd
structures.
He reviewed the architectural massing and noted that staff recommeads Planning Cummission
approval based on Exhibit B, which contains an alternative elevation or with other designs to break
up the two story wall plane. Staff recommends approval based on the model resolution, with
Condition 2, wall height of 6 feet, not at least 6 feet; and minor addition to Public Wurks
Condition 14, to provide overland release for overflow. He noted that the owner is required to
maintain the undeveloped property with respect to trash and graffiti cleanup.
Com. Harris complimented Mr. Gilli on his excellent presentation.
Mr. Gilli explained that the classrooms would be used after church service by thc congregation,
with no increase in the preschool use on site. He said that there was a condition [br installation ill'
a bike rack, and the applicant will limit the number of people on site to 250, with a parking
requirement of 68 spaces.
Mr. M. Horton, project architect, said that the parking requirement was based on thc oily
ordinance, which states for a church, one parking space tbr every ["our seats, lie discussed thc
requirement for 22 more parking spaces and questioued wily tile school usc was being included
and multi use being tabbed for 22 more spaces. He referred to tile east elew~tion and explained Ibc
proposal for the popouts for the window area of the second story to break up thc mass. Mr.
Horton said he disagreed with the staff recommendation for the rool'element.
Mr. Silas Yang, church board member, answered questions regarding tile use of the church multi
use room, kitchen and the classrooms. He said that the congregation ate a catered lunch together
following the church service. Classrooms are used for tbe children while the parents arc attending
church service, and the library contains books on open shelves. He said he did not anticipmc an
increase in parishioners immediately as the additions were being built to accommodate thc present
parishioners and children.
Chair Doyle opened the meeting ~br public input.
Ms. Billie Cramb, 20090 La Roda Ct., expressed concern about the laudlill wilich Ires bccn a
concern for many years. She referred to a letter written in 1987 which stated that the church had
to remove the landfill. She said that any development had to wait antil the hmdfill was resolved.
Ms. Cramb asked that a study be conducted for the type of trees to be phmtcd, as they had a swim
pool in the yard which would be impacted by extra shade, foliage from the trees and root iaw~sion.
She said the church has added a water pipe and tap, and red~vood trees in the hmd[~]l against code.
Planning Commission IVlinutes 9 DcccmlScr I o, 1999
She noted that that a landswale was put in years ago as a stopgap measure tmtil thc landli[I was
removed.
Mr. Roger Guerton, 20104 La Roda Ct., said that landfill was a concern. Hc said thc purpose
church is to increase its population and he felt it was a goal of tile church, l lc saki hc was
concerned if tile classrooms were used Monday through Friday for all ages, and il' so, would
consider the need for a privacy wall that children could not scale.
Chair Doyle closed the public input portion of the meeting.
Mr. Horton reported that they planned to build a minimum 6 foot Ifigh masonry wall across Iht
back of the property to the nearest adjacent grade, and haul the landfilh Mr. Guerton pointed Otll
that there was a 2 to 4 foot difference in grade at the rear property line
In response to a question from Com. Harris, Mr. Gilli said that tile calculations ol' 90 spaces wcrc
based on the zoning ordinance parking requirements. The first one in the stafl' rcporl is one per
four seats in the assembly hall, plus one per employee and one lbr special pnrpose vchiclc such as
a church owned van for shuttling parishioners.
Ms. Cramm reiterated that tile landfill was a serious problem, and regrading tile hmdscape wouM
not be the best option. Mr. Gilli said that the rear 50 feet ot-' tile property would be significantly
altered, witb a 3% grade down and a swale. He said at present cars will be parked 150 feet I?om
the back wall although there is the possibility of future expansion of the parking lot. I le holed also
that the neighboring church had a grade difference between it and the rear residential properties.
Chair Doyle summarized tile issues of concern: grading, parking, elew~tion, class imm's, bike
racks, landscapiog, and 250 limit. There was consensus to support the project. Corns. Stevens and
Kwok said that parking was not an issue. Com. Corr said that parking and tile 250 wcrc a pair;
there is plenty of space available, either leave the 250 limit anti[ tile parking is increased or leave
the parking alone. Com. Harris said that parking was a significant issue; with the nccd for thc 90
spaces. Chair Doyle said that he did not feel parking was an issue.
Further issues: Elevation: Com. Stevens and Com. Kwok: popouts appropriate; Com. Corr:
would like to see more done with it; Com. Harris: wonld like to see the architect do thut work and
agree with tile planner that it needs more work; Chair Doyle concurred.
Grading: Com. Stevens said as long as it did not exceed one foot at the property linc, hc felt thc
swale would work; Com. Kwok: swale is appropriate, reviewed by Pnblic Works to cnsurc that thc
drainage problem is solved. Com. Corr: agree that tile p{an is good, but want a condition thai Ihis
happens immediately in the project because it has gone on since 1987, and not completed yet.
Com. Harris: agreed; Public Works has to address tile technical issue and the neighbors havc ltl be
happy with the solution. The work needs to be completed before tile permit is issued. Chair
Doyle: concurred with Com. Harris.
Class Hours: Coms. Stevens, Kwok and Corr said they were appropriate. Com. I larris: with
expansion of classroom, there will a parking issue. She said it was difficult to monitor the 250
limit on site, and would be better to provide spaces for anticipated needs. Mr. C'owan said Ihal
there is always tile ability to add more parking spaces which is staff's recommcndation. Chair
Doyle said he felt as long as classes are not held while the services are held, it was appropriate.
Planning Commission Mini~te's 10 D¢ccmb'cr-I 3, 1999
Bike Rack&' Com. Harris requested spaces for 16 bikes; all others agreed that they wcrc m~l an
issue.
Wall Height: Consensus for 6 foot wall height.
Landscaping: Com. Stevens said that landscaping was adequate; Com. Kwok concurred; C'om.
Corr said as long as they are planted ,ear enoLigh from the wall aot to have droppings in acighbor's
pool, or damage tile wall. Com. Harris concurred. Chair Doyle recommended that staff work with
the neighbors as to what is planted.
250 Limit: Mr. Gilli clarified that to measure parking tbr a church, tile children going lo classes
while tile parents were in tile sanctuary room would be an accessory, incidcatal nsc to a church.
When the students come to the church for the purpose of preschool oaly, it is then being tlsud as a
scllool. He said that to increase the number of preschool children, tile applicant wonkl have to
apply for a new use permit.
MOTION:
SECOND:
NOES:
VOTE:
Com. Stevens moved to recommend approval of Application 17-U-99 ia
accordance with the model resolution, to inclnde tile grading be doac prior to
construction and to meet the conditions of approval; elevation according to staff
recommendation; bike racks to be iaclnded for a nlaximum of 16 bikes:
landscaping to be worked out with staff; back wall height 6 feet: 250 limit for
parking
Com. Corr
Com. Harris
Passed 4- 1-0
Com. Harris stated for tile record that she felt they shonld have 90 parking spaces.
Application No.:
Applicant:
Location:
14-U-82(M)
Ron Maus/Steve Malan (For Hewlett Packard)
19490 Homestead Road
Use Permit, minor modification to construct a 1,150 sq. lt. anechoic chamber tit 1111 existing
industrial site.
Planning Commission decision final unless appealed.
Staff presentation: Mr. Rhys Rowland, Plmming Intern, reviewed the application for thcaacchoic
chamber at an existing industrial site, as outlined in tile attached staff report. He referred Io thc
site plan and illustrated the location of the proposed chamber. Staff recommends approwd of thc
proposal which has negligible visual impact on the surrounding area.
Mr. Mike Foresee, architect, answered questions about the visual impacts and Iocalioa of Ihc
chamber.
Chair Doyle opeaed tile meeting for public input; there was no one preseat who wished to speak.
MOTION:
Com. Corr moved to approve Application 14-u-g2(m) to include stal'f suggestion
to include square footage aaalysis in tile report to tile condition.
Planning Commission Minutes Il Dcccmbcr I.~, 1999
SECOND: Com. Stevens
VOTE: Passed
5-0-0
OLD BUSINESS
10. Work Program: Follow-up to November 29, 1999 Planning Commission Workshop
Staff presentation: Ms. Wordell asked for comments and chunges lo the lisl of work
program/goals 2000.
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION: Corn. Harris commented on issue of
refundiug the developer's fees on tile church property for tile BMR unit. Silo said she dkl no
address it earlier as the developer was content to pay the fees to get the nine units and tile church
was happy witll the requirement for the BMR.
Corn. Corr reported on his attendance at a Housing Committee meeting. Ilo sukl Ihcy wore
working on the verbal update of the revision of the rental rates for the BMP, program. They arc
also discussing their goals for the upcoming year and are concerned that there are not ways ltl
come up with BMR units in the city.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Cowan thanked
the current and past Planning Comlnissions for tile opportunity to serve Cupertino lbr thc pusl 30
years.
DISCUSSION OF NEWSPAPER CLIPPINGS: Com. Harris suid that tile recent articles on
design review were inaccurate and questioned if there ~vas any staff tbllo~vup when inuccurucics
existed.
ADJOURNMENT: Tile meeting adjourned at 10.40 p.m. to tile Special Joint meeting wilh
City Council on January 3, 2000 at 5:30 p.m.
Respectfully Submitted,
Recording Secretary
Approved as presented: danuary 10, 2000