PC 03-10-97CITY OF CUPERTINO
10300 Torte Avenue
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF THE REGULAR MEETING OF THE
PLANNING COMMISSION HELD ON MARCH 10, 1997
SALUTE TO THE FLAG
ROLL CALL
Commissioners present:
Staff present:
Austin, Mahongy, Roberts, Chair Harris ( Com. Doyle
arrived at 7:55 p.m.)
Robert Cowan, Director of Community Development; Ciddy Wordell,
City Plmmer; Colin Jung, Associate Planner; Vera Gil, Planner II;
Carmen Lynaugh, Public Works; Associate Planner; Tom Wiles,
Planning Intern; Raymond Chong, Traffic Engineer; Eileen Murray,
Deputy City Attorney
APPROVAL OF MINUTES:
Minutes of the regular meeting February 24, 1997:
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Austin moved to approve the February 24, 1997 Planning Commission
minutes as presented.
Com. Mahoney
Com. Doyle
Passed 4-0-0
WRITTEN COMMUNICATIONS:
Chair Harris noted correspondence regarding possible conflict of interest relative to thc Hewlett-
Packard item on the agenda.
POSTPONEMENTS/REMOVAL FROM CALENDAR:
Application No.(s):
Applicant:
location:
5-GPA-97 and 9-EA-97
City of Cupertino
Citywide
General Plan Amendment to allow an interchange of square footage between commercial and
office/industrial uses (Policy 2~-3).
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNCIL HEARING DATE: April 7, 1997
REMOVE FROM CALENDAR
Plashing Commission Minutes 2 March 10, 1997
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Austin moved to remove Item 4, Application No. 5-GPA-97 and 9-EA-97
from the calendar.
Com. Mahoney
Com. Doyle
Passed 4-0-0
ORAL COMMUNICATION: None
CONSENT CALENDAR
Application No.:
Applicant:
Location:
3-ASA-97
Bruce Fowler (Marketshare)
Southeast comer of Homestead and De.4aura Boulevard
Architectural and site approval to build and install one monument sign, two directory signs and four
building signs.~
ENVIRONMENTAL DETERMINATION: Categorically Exempt
PLANNING COMMISSION DECISION FINAL UNLESS APPEALED
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Roberts moved to approve the consent calendar.
Com. Mahoney
Com. Doyle
Passed 4-0-0
ARCHITECTURAL REVIEW
Application No.:
Applicant:
Location:
2-ASA,97
Ilhiminart Signs (Dom Deluze)
10745 No. DeAnza Boulevard
Architectural and site approval to construct a sign that exceeds the height as allowed by Chapter 17.04
of the Cupertino Municipal Code.
ENVIRONMENTAL DETERMINATION: Categorically Exempt
PLANNING COMMISSION DECISION FINAL UNLESS APPEALED
CONflNUED FROM PLANNINO COMMISSION MEETING OF FEBRUARY 24, 1997
Staff oresentation: The video presentation revie~ved the application for the replacement of the
monument sign, which was continued fi.om the February 24 Planning Commission because of concerns
relative to the proposed height, sign area, design and color scheme. The applicant revised the sign in
response to concerns expressed at the earlier meeting, as noted in the attached staff report.
Mr. Tom Wiles, Planning Intern, explained that there was no staff recommendation because technically
the sign was still not within the height and area limitations. He explained that the applicant had further
revised the width and height of the size to 13 ft. 2 ins. by 7 feet, allowing a revised height from the base
to 8 ft. 3 inches, cutting the square footage down to 83.81 square feet.
Plann/ng Commission M/nutes ~ March 10, 1997
Mr. Steve Weber, Manager of the Santa Barbara Grill, referred to the overhead of th~ revised drawing
and h~.ded out a material board for the Planning Commissioners' review. He explained the revisions
to the sign pwposal. He said that the palm trees were lowered to 7 feet, would be a faux mst color,
and would be placed at the comer base of thc sign. He used an overlay to indicate how the revised sign
design compared to the previous application. He noted that the sign base would be repaired and
painted the same color as the building; and that the colors were a flat color, not enamel as previously
submitted. He requested consideration of the application noting the unique site of the restaurant with
no direct vehicular access from the main street.
Chair Harris opened the meeting for public comment.
Mr. John Statton, Chamber of Commeree, said that because the restaurant site is hidden from the
public view, the visibility oftbe sign was of utmost importance. He said he felt the sign was not garish
and conveyed the then~ of the rc~surant, including tho stylized palm trees. He urged Pla~nin~
Commission support for the sign.
Chair Harris closed the public input portion of the mceting.
Chair Hams summarized that the issues were sizc exception and colors.
Mr. Wiles reviewed the size of the sign as currently submitted by the applicant.
Com. Austin said that the fiat colors were acceptable; and the size of the sign was appropriate. She
noted that the revised design incorporating the palm trees on the side was attractive, and that she would
approve the revised sign proposal.
Com. Doyle said the colors were appropriate and the sign was within the original envelope of the
existing sign. He expressed concern that what was originally approved and what was actually applied
was significantly different; he said be was concerned about a sign ordinance that says there should be
something in the 40 to 45 square foot size and it was almost double that. He recommended that it be
returned with something much closer even though it is in the envelope, stating that an existing situation
not within code should not be made the new standard. He said he could not support it at the 84 square
foot version. He recommended 50 square feet, but would prefer not to exceed the allowable 42.4
square fcct.
Chair Harris noted that there was empty space in the square footage area of thc sign not accounted for.
Com. Mahoney said that the colors and size of the sign were acceptable, and noted its unique location.
In response to Chair Harris' question, Mr. Wiles said that the sign application was for the site;
however, thc Planning Commission could designate thc sign exception for thc specific restaurant sign
and not the site.
Com. Roberts said that he felt the large sign did not solve thc problem of finding thc entrance to the
restaurant, but actually distracted from how to get to the restaurant. Hc noted that if traveling south on
DeAnza Boulevard a motorist could not see through the base of the sign and would not know there is a
street beyond thc sign. He said that granting an exception did not solve the problem for the business.
He said he did not feel the colors were appropriate, and there were not enough details in the design to
see how it work out aestheticaily. He said that he was opposed to the application.
Planning Commission M/nutes 4 March 10, 1997
Chair Harris said that the purple and rust colors w~re appropriate, but not the yellow color. She said
she felt that overall she was not in favor of the colors as tho yellow would be very prominent. She said
that she concurred with Corns. Doyle and Roberts that the size was too great; and would be in favor of
thc si~n cxceptinn at this site. She said she ~ thc fact that thc base had been reduced; and she felt
the calculations should bc done excluding thc triangle that docs not exist. She said she would vote no.
Following a brief discussion, Chair Harris said sbe was willing to approve thc application with
specified conditions.
MOTION:
SECOND:
NOES:
VOTE:
Com. Austin moved to approve Application No. 2-ASA-97 including the
condition that the approval be for the Sl~Cific sign for the specific applicant and
that it not set a precedent for this site for the future, ns shown in Exhibit A2 as
presented at tl~ meeting.
Com. Mahoney
Coms. Doyle and Roberts
Passed 3-2-0
PUBLIC I~ARING
Application No.(s):
Applicant:
Location:
1-U-97 and 7-EA-97
Hewlett-Packard Company
Southeast comer of Homestead Road and Tantau Avenue
Use Permit to construct a 3-story, 304,100 sq. ff. office building and ancillary improvements on an
existing office-campus site.
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNCIL HEARING DATE: March 17, 1997
Staff ore~entation: Ms. Eilecn Murray, Deputy City Attorney, addressed the possible financial
conflict of interest relative to the Hewlett-Packard item, as outlined in the attached memo.
Corns. Austin and Mahoncy excused themselves from discussion of the application.
The video presentation reviewed the application for Hewlett-Packard to construct a three-stury office
building at the southwest intersection of Homestead Road and Tantau Avenue, ns outlined in the
~-~bed staff report. Staff recommends a mitigated Negative Declaration on the project and
recommending the approval of the Use Permit pending resolution of the amenity square footage.
Mr. Colin Jung, Associate Planner, reviewed the development agreement, traffic and circulation,
parking building beight/sethack relationships, and landscaping, ns summarized in the attached staff
report. Relative to the parking, he said staff fecls that applicant's proposal that 1,647 empty parking
stalls site-wide would more than compensate for the zoning code parking shortfall, provided that a
future parking reserve be included in the event that parking would overflow the site. Staff is
comfortable with the building setback to height ratio of 6:1. Mr. Jung discussed the amendments to the
resolution, primarily planning conditions: (1) approved exhibits; (2) bicycle parking be provided;
(3) notification of housing mitigation fee; (4) notice of fees, dedications; (5) recycling facilities; (6)
parking; and (7) landscaping.
Planning Commission Minutes ~ March 10, 1997
Mr. Raymond Chong, Traffic Engineer, explained that the two issues were the access driveway off
Homestead Road near Peacock, and the left turn pocket at Homestead and Tantau. He recommended
two mitigation measures; one to install a diverter at the intersection of Homestead and Peacock to
lessen the neighborhood impa~ on Peacock Avenue; and that Hewlett-Packard ~ the left turn
pocket at the end towards Homesteexi and Tantau. Mr. Chong answered questions pertaining to level
of service at various intersections.
In response to Com. Doyle's question about amenity space, Mr. Jung said that the 304,000 square feet
was the gross which included the amenity space in the building.
Mr. Jung reviewed the conditions of mitigation relating to traffic circulation and parking as outlined on
Page 3-10 of the staff report. (1) Install a diverter at the intersection of Homestead and Peacock
Avenue; (2) Extend the eastbound left turn bay at Homestead Road and Tantau Avenue-Quail Avenue;
(3) Accept the Home,el Road driveway entrance - option B with right mm restrictions on
Homestead Road; and (4) Monitor parking conditions upon occupancy of building and require
restriping for compact stalls and development of surface parking lot where Building No. 40 was
demolished if overflow parking problem develops.
Disenssion continued wbemin Mr. Jung answered questions relative to various sections of the staff
report, including parking, fees, landscaping and traffic impacts.
Com. Roberts said he wished they had more insight into the assumptions made into the models when
they are applied to a little local area, but said he recalled fi.om General Plan discussions that Public
Works said when it actuaily came to project design the traffic models could not be used because they
were not accurate enough; and yet when decisions like this come before the Planning Commission,
credence is placed in the traffic model which supposedly is valid only for bigger and broader
considerations. He asked staffto comment.
Com. Roberts said that relative to Com. Doyle's question, it seems during peak hours there would be
10 to 20 people a minute wanting to make a U mm at the Tent,au Homestead intersection which would
likely only delay traffic and the simulations indicate otherwise.
Mr. Cbong reported that he conducted an analysis with the impact on Tantau and Homestead and it
went from C- to D+ because originally there were 50 cars making a left mm out of the driveway, and
they were are now at the intersection to make the U tom, but it was not a significant impact. He said
the analysis was done after the Barton-Aschman study and is not reflected in the staff report.
Referring to Attachnumt C, Parking Requirements, Chair Harris requested clarification on the true
gross and net of the building. Mr. lung explained that the numbers contained in the attachment should
not be considered because of the applicant's misunderstanding of what amenity space includes, and he
noted that the numbers in the staff report are correct. He said the 301,000 sq. ff. figure was used
inst~d~ of the 304,000 figure because the 304,000 figure was boiler rooms, enclosed pedestrian
walkway, and equipment storage areas which are ancillary buildings off site and are not typically
counted toward the parking requirement.
Mr. Rick Phillippe, Ehrlich Rominger Architects, Los Altos, clarified that relative to the parking issue
there are a number of things addressed on any site, including the number of people traveling, on
vacation, out ill, bicycle to work, carpooling, public transportation, so that actual employee count and
parking stall count is different. He said that studies were done at three different times of year, when the
Planning Commission Minutes 6 March 10, 1997
number of spots available were counted and it was found that there were a significant amount of spaces
left over. He pointed out that as architects, they try to kccp more landscaping rather than paving.
Mr. Bill Roberts, Hewlett-Packard, said that ex*amsive surveys for commute patterns were done and it
was found that 25 percent of employees used commute alternatives.
Referring to the ovcrbeads, a discussion ensued rcgarding curt cuts. Mr. Jung said that one of the
purposes of having a new curt cut on Homestead Road was to simplify the truck circulation for
Building No. 45. Hc said it would also give thc employees of building No. 45 an entrance closer to thc
building and provide different entries and cxits fi.om thc campus sitc.
Mr. Roberts said that Hewlett-Packard's standpoint, it was a safety issue to give the trucks a dcdicated
path for travel to minimize the interchange with pedestrian traffic.
Discussion continued regarding the square footage of the various buildings on the Hewlett-Packard
campus, wherein thc applicant answered Commissioners' questions. Mr. Jung said that the applicant's
future development plans included possible demolition and replacement of Building No. 41.
Mr. Don Stcbbins, Hewlctt-Packard, said that the ncw facility would accommodate 4900 employees
and less parking spaces would be nccded because approximately 70% of the employees bring their car
each day. It was noted that thc site could accommodate what was required by the codc or beyond, but
that the site has not utilized that much parking.
Mr. John Pihl, Hewlett Packard, responded to earlier questions. He said that the Hewlett-Packard
property was gated at night and entrance was through a security ~onte, mallued by a security guard. He
pointed out that the employees are on flexible hours and would redistribute themselves in the parking
on the site and would do so to avoid congestion in traffic patterns that may or may not exist around the
site. Relative to thc backup and the number of people that might turn l~ft at Tantau off Homestead,
they felt that the prior exits on Homestead would allow them to turn left rather than go all the way to
Tantau and ~ a U-turn.
Mr. Stebbius refem:d to tim drawings of the Hewlett-Packard campus and discussed the proposed
Building No. 45 and its relationship to the other buildings on the campus.
Mr. Wemer Crans, 1015 Lanank Court, Sunnyvale, said that be has lived in Sunnyvale for 38 years and
Hcwlctt-Packard has been a good neighbor for the 30+ years it has been on thc site. He expressed
concern that the new building would be the tallest buildin~ on the campus and would be most visible to
Homc~?~d Road. He recommendcd an alternative of making cach building 20 feet wider and 20 feet
longer, make the building closest to Home~'ontl a two-story building and the building in the back stay a
three-story building, with a to~al square fcotagc of 300,000. He suggested that the new entrance be a
trucks-only cntrance to eliminate the concerns about left tums at Tantau. He suggested that the trees
proposed for the Homestead and Tantau to be planted as a screen be a 48 inch box so that they could
act as a screen as soon as possible. Hc said that an additional study may be required rclative to thc
impact of thc parking on thc neighboring homes. Hc asked that funds bc kcpt in escrow in thc cvent
problcms occur rclative to a cut through in the Sunnyvale neighborhood. Mr. Gannes requested that a
stipulation be made that no construction vehicles be allowed on Quail Avenue.
Mr. Effiong Ibok, 1005 E. Home~l Road, Sunnyvale, expressed concem about the visual impacts of
the large building on the neighboring residents. He said he resided at the intersection of Peacock and
Planning Commission Minutes ? March 10, 1997
Honu~stead. He said that the reasons for another curb cut were not valid in his view. He suggested
Hewlett -Packard find an alternative to opening another gate.
Com. Roberts questioned whether cars exiting out of Hewlett-Packard at the cuts farther to the west
would be able to make lett turns onto Peacock. Mr. Jung said that it was possible, and that it could be
currently don~ as there was no raised m~ian on Home~_~a Road. He said the diverter would solve the
problean at the particular cut, but not from the others.
Chair Harris closed the public hearing.
Chair Harris summarized the issues: approve project/building; caveat for amenity space; parking
adequacy; Homestead setback; traffic; landscaping; development potential and mitigations/conditions.
Com. Doyle expressed concern that originally the development agreement was to protect Hewlett-
Packard and the City, and part of that proposal was a dispersion oftbe density across the site to give
flexibility and some remodeling to oceur; and now what has happened is that it is showing up in one
corner of the site; and is this a precursor to a much higher development on this site over a long period
of time, or would it actually going to limit Hewlett-Packard's flexibility over the next twenty years.
Mr. Robert Cowan, Community Development Director, said that the agreement locked in the existing
plan ns it existed in 1995, and if there are subsequent General Plan changes they could be
accommodated. The idea of concentrating space on this one comer means that there is additional
flexibility for Hewlett-Packard for potential extra development.
Com. Roberts said that his original concern with the development agreement was the assignability of
the development agreement and be was pleased to see Hewlett-Packard coming forth with the proposal
to implement tho agreement themselves. He said he was in favor of putting a maximum on the amenity
space. He said it was in Hewlett-Packard's best interest to contain the parking within the site and serve
its employees; the proposed parking was presently acceptable; however, additional parking would
probably have to be supplied in the fature. He said that the Homestead setback was adequate. Com.
Roberts expressed concern about U'aific nmnagement along Homestead and said that the level of
service should be addressed. Relative to the traffic turning on Peacock, he said that designing a
diverter to prevent the let~ tums would be appropriate. Mr. Jung noted that installation of a diverter
would also prevent residents from entering Peacock as well. Com. Roberts said he felt that the
residents should have input to the best solution. Relative to landscaping, Com. Roberts recommended a
more detailed landscaping plan, with the spociiieafion for 36 inch box trees. He said that the curb cut
would be appropriate, but expressed concern with the adequacy of the lef~ turn pocket at Tantau and
Homestead, noting that there should be a contingency plan for backup traffic onto Homestead, which
creates a safety problem. Com. Roberts said that he was in favor of the application with some minor
modifications.
Com. Doyle expressed concern with the overall development, noting the boxiness of the walls, with
vertical visible mass. He said that the amenity space was appropriate; parking restriping appropriate;
keep the surface lot green if possible. He said the Hom~_e~d setbacks were appropriate; Tantau
setbacks were not appropriate and he felt the existing standards of setbacks should remain on that side.
Relative to the traffic issue, the new driveway was appropriate, Option B with the diverter and
extension of the U-turn bay; Quail should remain as is; the main exit should be out through Tantau as
it is today. Relative to landscaping, the larger trees are more appropriate as suggested by Com.
Roberts. The mitigations/conditions - the only thing here that is not specific to this proposal but it is in
Commission Minutes ! March 10, 1997
a class B floodplain or som~hing, one foot of standing water and we are add/ng a lot of pavement in
these areas, and I don't know whether w~ are causing a review of that area that may cause some long
term issues. Mr. Jung explained that like most of Cupertino, the area is in a flood zone B wkich is
areas designated between 100 and a 500 year flood or flooding up to a foot of water. Mr. Cowan said
that stuff is concerned with the flood zone in a one percent event, or the one hundred year flood. He
said that it would be a very rare occurrence.
Chair Harris said that she was in favor of thc project, noting that the architecture and design fit well
with neighboring bui]din? She suggested that the amenity space be defined as it is presently too
vague. She said she felt approval would be appropriate with thc issue of amenity space being returned
with a clearer definition of what is included in amenity space. Chair I-lards said she felt the 122
parking spaces should be ~ddod, and said she did not favor restriping to compact spaces. She said that
setbacks were appropriate; she was ant in favor of the new curb cut as it was dangerOUS and
inappropriate, especially for trucks. She said she was also not in favor of a diverter. Chair Harris
suggested that thc east bound lef~ turn land bay be enlarged by 20 feet. She said that there would be an
impact from the building as it was well over 300,000 square feet, but the impact belonged on the site,
utilizing flex times to mitigate the impact. Relative to the neighborhood traffic, she said that if she
were a resident on Peacock she would not want to be restricted from turning left into her neighborhood,
but that the cars from Hewlett-Packard be restricted from the neighborhood if a curb cut was installed
there. She said that if a curb cut was installe~ she was in favor of the diverter but not in favor of
making no left turn into the neighborhood for res/dents. She questioned how the Planning Commission
could restrict the traffic on Quail as it is located in Sunnyvale. Chak Harris said that the ? conditions
submitted at the meeting were acceptable. She recommended 36 inch box trees for the landscapinE,
and noted that it was not necessary W have the landscaping p~sented again, but would agree if there
was consensus to have thc landscaping ~urn with thc amenities. Relative to the development
potential, she said that the three story building fits in with thc community and would open thc site for
development in the future.
Com. Doyle said that he was opposed to the project because he would not vote for something he could
not review or understand. He said be would like to have the proposal returned with more view of the
Tantau side.
Mr. Cowun explained that in terms of the ac_~3~l master plan, it states that the example master plan
shown by Mr. Jung is intended to demonstrate only one possible option for development, and is not
intended to bind the owner or City to present or approve a specific master plan. He pointed out that the
overall square footage was locked in, which are the land use policies based upon the General Plan in
effect the date of option, November 1995. Another section of the agreement states that the City cannot
have a General Plan that decreases the potential development, but is silent on the issue of increase, that
is if the General Plan gets amended to allow more square footage, they have to amend the agreement to
take advantage of that.
Com. Doyle continued his remarks, stating that it is a precedent with a much taller building closer than
in the past. He said that all remaining issues were workable. He expressed concern about setting a
precedent for the future.
Com. Roberts said that be concurred with Com. Doyle that there should be a clear view of what is
- being approved, which is not the case on the amenity case, the view from Tantau, nor the landscaping.
Plantain8 Commission Minutes 9 March 10, 1997
MOTION:
Com. Roberts moved to approve the resolution incorporating the findings of the
Environmental Review Comr~ including tbe 7 conditions and the modification
to the $2420-per acre fee; incorporating the new cut with the diverter structure;
the enlargement of the left mm bay along Home~'_e~d at Tantau, as recommended;
use of 36 inch box trees; the Homestead Road ckiveway entrance; and monitoring
the parking conditions requiring changes if necessary. The detailed landscape
plan, definition and bracketing of amenity space, to be returned; and further
architectural approval oftbe west facade.
Mr. Cowan clarified that the mitigations in the environmental statement were incorporated in thc
conditions. Chair Harris summarized that thc motion included the landscape plan, the amenity space
definitions, subject to approval, and thc architectural on thc Tantau side.
SECOND: Chair Harris
NOES: Com. Doyle
VOTE: Passed
2-1-0
Mr. Jung clarified that the item would be forwarded to the City Council on April 7, 1997.
Chair Harris declared a re~ss at 10:15 p.m. Upon reconvening at 10:25 p.m., Coma. Austin and
M~oney returned.
Application No.(s):
Applicant:
6-GPA-97 and 10-EA-97
City of Cul~rtino
ci de
General Plan Amendment to delete the requirement to develop residential development at the upper
limit of the dwellinE unit density range (Policy 2-13, Strategy 2; Policy 3-1).
ENVIKONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNCIL HEARING DATE: April 21, 1997
Stafforesentation: Ms. Vcra Gil, Planner II, reviewed thc revisions to the language of the General Plan
Amendment as outlined in the attached Exhibits A and B of the staff report.
In response to Chair Harris' question about Policy 3.1: Housing Potential, Ms. Gil said that tho
language would be removed a~r City Council approval. Chair Harris suggested that the language
"subdivisions and" be removed from No. 3 of Policy 2-13.
Chair Harris opened the meeting for public input. There was no one who wished to speak.
MOTION:
SECOND:
VOTE:
Com. Mahon~ moved to approve Application No. 6-GPA-97 in accordance with
the model resolution with the removal of the language in Policy 2-13 as discussed.
Com. Doyle
Passed 5-0-0
MOTION:
SECOND:
VOTE:
Com. Maboncy moved to grant the Negative Declaration on 10-EA-97
Com. Doyle
Passed 5-0-0
Planning Commission Min,,tes l0 March 10, 1997
OLD BUSINESS
Report to Council:
Application No.:
Applicant:
Location:
10-TM-96 and 38-EA-96
Lands of Tressler
22110 McClellan Road
T~ntafive Map to subdivide a 2.49 acre parcel into 8 lots.
TENTATIVE CITY COUNCIL HEARING DATE: March 17, 1997
Staff oreseatation: Mi'. Cowall explained that the application was being presented for the Planning
Commission's recomreev,q-tlon to the City Council on the reduction of lots from 9 to 8.
Mr. Marvin Kirkeby, civil eagin~r, explained that there was no longer a need for the concrete wall.
Following a brief discussion, wherein Mr. Kirkeby answered questions, there was conseasus to r~vord
the condition language to read: "Concrete retaining wall shall be imtalled where the grade
difference is 12 inches or greater on the project's common boundary with the adjacent residenl~al
property."
In response to Com. Doyle's question about tree protection along the property frontage, Mr. Kirkeby
explained that the pine trees were in the natural slope area beyond the retaining wall.
Mr. Kirkeby discussed the addendum to the arborist's report relative to the recommendation to remove
the deodora cedar tree. There was consensus to ~,4tl the language "if any of the trees, 4, 5, 6, 7, 9 and
12 are removed, 24 inch box replacements shall be provided."
Mr. Kirkeby addressed the issue of the scenic easement. Following a brief discussion, there was
consensus that the scenic easement remain as is.
MOTION:
SECOND:
VOTE:
Com. Mahoney moved to approve the Negative Declaration on Application
38-EA-96
Com. Austin
Passed 5-0-0
MOTION:
SECOND:
VOTE:
Com. Mahoney moved to approve Application 10-TM-96 with tree changes
and concrete wall recommended changes.
Com. Doyle
Passed 5-0-0
NEW BUSINESS
7. Selection of Environmental Review Committee representative.
Chair Harris noted that Com. Ma_honey would serve on the committee, with backup available when he
was unable to attend meetings.
Planning Commission Minutes 11 March 10, 1997
MOTION:
SECOND:
VOTE:
Com. Austin moved to reCOmmend that Com. Mahoney serve on the
Environmental R~view Committee
Com. Roberts
Passed 5-0-0
Chair Harris discussed Section 2.84.010 relative to the At-Large member being a non-voting member
of the committee, and noted that the position was appointed by the committee chairperson. She
suggested that the City Council appoint the At-Large member and that the member be a voting member
of the committee. Relative to Section 2.84.030, Chair Harris said that the present practice is that the
Councilperson serves as the Chair of the committee and the Planning Commissioner serves as the Vice
Chair. She recommended that the City Council review the section and make a decision relative to
holding elections or continuing the present practice, and amend Section 2.84.030. She also suggested
that Section 2.84.040 be updated to ~flect the number of monthly meetings to be held.
MOTION:
SECOND:
VOTE:
Com. Austin moved to recommend that a minute order be forwarded to the City
Council to review con'eat practices against stated requirements relative to the
Com. Mahoney
Passed 5-0-0
REPORT OF THE PLANNING COMMISSION: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Mr. Cowan repot*.~l that he met earlier in the evening with the representatives from the Westlynn
neighborbe~t and the Home Depot representatives to attempt to reconcile some differences to report to
at a third m~tiag at San Jose City Hall on March 19. He said that an attempt will be made to put
together a revised plan, although Home Depot is concerned about store operations.
There was a brief discussion regarding the March 24 Planning Commission agenda.
DISCUSSION OF NEWSPAPER CLIPPINGS: None
ADJOURNMENT:
The meeting adjourned at 11:10 p.m. to the regular meeting of the
Plmming Commission on March 24, 1997 at 6:45 p.m.
Respectfully Submitted,
Minutes Approved as Presented: March 24, 1997