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PC 06-11-84CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 TORRE AVENUE TELEPHONE: (408)252-4505 MINUTES 'OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JUNE 11, 1984 IN THE COUNCIL CHAMBERS, CITY HALL CUPERTIN09 CALIFORNIA PC-441 Chairperson Blaine called the meeting to order at 7:30 p.m. in the Council Chambers, City Hall. SALUTE TO THE FLAG ROLL CALL: Commissioners Present: Adams, Claudy, Koenitzer, Szabo, Chairperson Blaine Staff Present: Dir. of Planning & Development Sisk Assistant Planning Director Cowan Deputy City Clerk Villarante Assistant City Engineer Whitten, City Attorney Kilian APPROVAL OF MINUTES: It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to approve the minutes of April 11, 1984 as submitted. It was moved by Com. Claudy, seconded by Com. Adams and passed unanimously to approve the minutes of April 23, 1984 as submitted. The minutes of May 29, 1984 were approved by consensus. POSTPONEMENTS OR NEW AGENDA ITEMS It was moved by Com. Koenitzer, seconded by Com. Adams and passed unanimously to postpone agenda items 10-14 to Wednesday June 13, 1984. WRITTEN COMMUNICATIONS Assistant Planning Director Cowan stated that the Commission had received a letter from Mr. Coward, attorney for Rancho Deep Cliff requesting a date for a hearing for revokation of use permit for Stevens Creek Stables and a letter from Vallco Park. It was the consensus of the Commission to schedule the revokation hearing of Stevens Creek Stables for July 18, 1984. ORAL COMMUNICATIONS None -1- MINUTES OF THE JUNE 11, 1984 PLANNING COMMISSION MEETING - PC-441 i� PUBLIC HEARINGS: 1. Application 3-Z-84 of .CUPERTINOj�UNION SCHOOL DISTRICT (JOLLYMAN ELEMENTARY SCHOOL): REZONING a total of 10.5 acres. 4.25+ acres from BA (Public Buildings) to PR (Park and Recreation) zone or whatever zone(s) may be deemed appropriate by the Planning Commission. ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is the existing Jollyman Elementary Schooi site located east of Jollyman Park, north of Heatherwood Drive and at the western terminus of De Foe Drive, Dumas Drive and De La Farge-Drive. First Hearing. Tentative City Council hearing date - July 2,i1j1984. Assistant Planning Director Cowan presented staff report to the Commission. Chairperson Blaine stated her concerns regarding City policy requiring streets around parks for security surve'llance. Com. Claudy stated his concerns regarding zoning compatibility and questioned ownership of excess property at the site. lj Assistant City Engineer Whitten explained to the Commission that the excess property was owned by the schooll�district. Edmund Janch, 10760 S. Stelling: Road, presented Commission with information regarding the dimensions og lots and a copy of the assessor's map of the area in question. Tony Kopcych, 1028 Tuscany Place, requested Commission to pay close attention to community access to the park and also parking considerations. Bob Edminston, representing CUSD, explained to the Commission that they would like the zoning to be consistent1with neighborhood and that they had discussed the parking situation with staff. Dirk Hartogs, 7518 Leeds, listed a fewlc'oncerns he felt Commission should take into consideration when zoning ,'the area R1-6 such as height of buildings and coverage of development on the site. 1 It was moved by Com. Adams, seconded to close the public hearing. Commission discussion ensued regarding, Com. Claudy and passed unanimously application. It was moved by Com. Claudy, seconded 11by Com. Adams and passed unanimously to recommend the granting of a Negative,; Declaration. It was moved by Com. Claudy, seconded' by Com. Koenitzer and passed with a unanimous vote to approve Application 3-Z-84 with findings and subconclusions as per staff report. MINUTES OF THE JUNE 119 1984 PLANNING COMMISSION MEETING - PC-441 2. Application 4-Z-84 of CUPERTINO UNION SCHOOL DISTRICT (HOOVER ��-.. ELEMENTARY SCHOOL): REZONING a total of 10.5 acres. 4.25+ acres from i BA (Public Buildings) to R1-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone and 5.0+ acres from BA (Public buildings) to PR (Park and Recreation) zone or whatever zone(s) may be deemed appropriate by the Planning Commission. ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is the existing Hoover Elementary School site located on the north side of Barnhart Place between Primrose Way and Aster Lane. First hearing. Tentative City Council hearing date - July 2, 1984. Assistant Planning Director Cowan presented a staff report to the Commission and gave a brief explanation of the plan. Helen Wolterstorf, 7504 Leeds, stated her concerns to the Commission regarding zoning, lot size, setbacks and speeding traffic in the area. Com. Claudy explained that speed bumps on public streets were illegal by State law. Dave Klinger, 7535 Waterford, stated to Commission that he is in agreement with the proposed plan and that he felt there should be a perimeter road at the site. Mr. Hartogs stated his concerns to the Commission regarding narrowness of the proposed park and consideration of view restrictions on neighborhood. Bev Paulette questioned the Commission as to whether the proposed development would out into the playing fields and commented on the need for playing fields for children in the area. Bob Krier, 7513 Leeds Avenue, stated to the Commission that he felt the proposed plan would be cutting the playing area too short. It was moved by Com. Adams, seconded by Com. Claudy to close the public hearing. Com. Adams rescinded the motion. Mr. Hartog made suggestions to the Commission regarding possible changes in order to include more playing field. It was moved by Com. Adams, seconded by Com. Claudy and passed unanimously to close the public hearing. Discussion ensued between staff and Commission regarding the application. City Attorney Kilian gave a brief history of the negotiations that had taken place between CUSD and the City of Cupertino. It was moved by Com. Claudy, seconded by Com. Koenitzer and passed unanimously to recommend the granting of a Negative Declaration. -3- MINUTES OF THE JUNE 119 1984 PLANNING COPM4ISSION MEETING - PC-441 It was moved by Com. Claudy, seconded by Com. Koenitzer and passed unanimously to recommend approval of Application 4-Z-84 with findings and subconclusions as per staff recommendations. 3. Application 8-U-84 of GEORGE SOMPS: USE PERMIT to construct a two-story office building totaling 2,600 sq. ft. and ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property isl' located on the north side of Stevens Creek Boulevard approximately 250 ft. west of Blaney Avenue in a P (Planned Development) zoning district. First Hearing. Tentative City Council hearing date - June 18,111984. Director of Planning and Development Sisk presented the staff report to the Commission. Phil Schwimmer, Project Architect, gave a brief explanation of the site plan to the Commission. It was moved by Com. Koenitzer, seconded by Com. Adams and passed unanimously to close the public hearing.i Commission discussion ensued regarding the application. It was moved by Com. Claudy, seconded i by Com. Adams and passed with a unanimous vote to recommend approval of Application 8-U-84 with Conditions 1-20 and with findings and subconclusionIa as per staff recommendations. 4. Application 9-U-84 of SOUTH BAY CONSTRUCTION AND DEVELOPMENT: USE PERMIT to construct a two-story office building consisting of 819000 sq. ft. and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the westi side of Saratoga -Sunnyvale Road approximately 300 ft. north of Prospect Road in a P (Planned Development with commercial and residential intent) zoning district. First hearing. Tentative City council hearing date - June 18, 1984. Assistant Planning Director Cowan prelsented the staff report to the Commission. Assistant City Engineer Whitten stated to the Commission that staff was 11 concerned with the street lighting at the site. Scott Trobbe, South Bay Construction Co., 511 Division St. #4 Campbell, introduced a color rendering to the Commission and gave a brief explanation of the site plan. Discussion ensued between Mr. Trobbe's architect and the Commission regarding ingress to the site and lighting at the site. Mr. Patterson, 1614 Jamestown Drive, stated to the Commission that he would prefer the applicant use 12 foot lighting. 11 Dick Chadwick, 1582 Jamestown Drivel stated to the Commission that he approved of the proposed project. -4- MINUTES OF THE JUNE 11, 1984 PLANNING COMMISSION MEETING - PC-441 It was moved by Com. Claudy, seconded by Com. Koenitzer and passed unanimously to close the public hearing. Commission discussion ensued regarding the application. It was moved by Coma Adams, seconded by Com. Claudy and passed unanimously to recommend the granting of a Negative Declaration. It was moved by Com. Adams, seconded by Com. Koenitzer and passed with a unanimous vote to recommend approval of Application 9-U-84 of South Bay Construction Company with Conditions 1-14, 15-22, 23 amended to add that the application shall return for review if tree cannot be saved, 24-26, 27 added to state that lights in the parking lot shall be on 18 foot standards, a fountain shall be installed; evergreen trees shall line the west fence of the project site. RECESS: 9:35-9:45 p.m. 5. Application 2-TM-84 of ANERICAN DESIGN AND ENGINEERING: TENTATIVE SUBDIVISION MAP to subdivide approximately 1.25 acres into six parcels ranging in size from 6,100 sq. ft. to 7,800 sq. ft and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the north side of Orion Lane, opposite Derbyshire Drive, approximately 400 ft. west of South Steling Road in a R1-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zoning district. First Hearing. Tentative City Council hearing date - June 18, 1984. Assistant PlanningDirector Cowan presented the staff report to the Commission. Al Stocklmeir, owner, gave a brief explanation of the site plan. Spiro Rofolovich, 7811 Orion Lane, questioned Commission as to whether the project would cause any problems for the church located on the adjacent parcel. Peter Tanden expressed his concerns to the Commission regarding decrease in property values and loss of property due to the proposed application. Paul Tai, 20395 Pacifica Drive, stated to the Commission that Mr. Tanden had only enough square footage for 2 developable lots and that Mr. Stocklmeir had also dedicated property for right of way purposes. Burt Braddock, 7770 Orogrande Place, expressed his concerns to the Commission regarding development of two-story homes in the area and consideration of the surrounding neighborhood. Mr. Tanden stated to the Commission that he would not like a two-story house built near his property and that he would like the proposed cul-de-sac moved entirely off his property line. Paul Tai gave a brief explanation of the cul-de-sac and stated that staff -' could change the cut design. -5- MINUTES OF THE JUNE 11, 1984 PLANNING MEETING - PC-441 Discussion ensued between staff and Commission regarding the proposed cul-de-sac and the property dedications.Il Com. Claudy stated he would not considers an application which infringed upon other property owners. I' City Attorney Kilian proposed possible eminent domain proceedings. Mr. Stocklmeir stated to the Commisson,that he did not wish to infringe upon the other property owners but thatI he could not change the site plan without a loss of trees on the site. Discussion ensued between staff and Commission regarding access to the proposed site. It was moved by Com. Claudy, seconded by1Com. Adams and passed unanimously to, continue Application 2-TM-84 of American Design and Engineering to the meeting of June 259 1984 with the applicant reworking his plan to allow access on his property only. 6. Application 1-EXC-84 of MARK DELLAIPONA AND SAN L. JENSEN: EXCEPTION from 16.28.040 of the Fence Ordinance to permit a 6 ft. fence in the front setback area in lieu of the maximum 3 ft. fence permitted by Ordinance and ENVIRONMENTAL REVIEW:;) The project is categorically exempt, hence, no action is required., The subject property is located on the south side of Alcazar Avenue approximately 200 ft. west of Orange Avenue in a R1-7.5 (Residentia'l Single-family, 79500 sq. ft. minimum lot size) zoning district. First Hearing. Planning Commission has final approval unlesslappealed to the City Council. f �I Director of Planning and Development to the Commission. Mark Della Bona reviewed the purpose of and gave an explanation of the si presentation in which he listed his int, Mr. Lewitsky, neighbor, stated to the application. It was moved by Com. Claudy, seconde unanimously to close the public hearing. presented a brief staff report ordinance with the Commission uses. He then gave a concise in reference to the ordinance. on that he supported the by Com. Koenitzer and passed Commission consensus was that there were no special findings to allow the exception. Com. Adams complimented the applicant on This presentation. 4 I It was moved by Com. Claudy, seconded ;y Com. Adams and passed with a unanimous vote to deny Application 1-EC-84 as the application does not satisfy any of the requirements for exceptions. MINUTES OF THE JUNE 11, 1984 PLANNING COMMISSION MEETING - PC-441 7. Application 30-U-81 of ELY MCFLY: AMENDMENT OF USE PERMIT to allow < dancing and live entertainment within the existing Eli McFly F. Restaurant/Bar establishment and ENVIRONMENTAL REVIEW: The project was previously assessed, hence, no action is required. The Eli McFly Restaurant is located in the Rancho De Anza Shopping Center on the southwest corner of Valley Green Drive and North De Anza Boulevard in a P (Planned Development) zoning district. First Hearing. Tentative City Council hearing date - June 18, 1984. Assistant Planning. Director Cowan presented a brief staff report to the Commission. Diana Osgood, 21860 Acadia Court, expressed her concerns to the Commission regarding possible increased traffic and noise if the application were approved. Lee Hicks representing Eli McFly gave an explanation of the parking situation to the Commission. Commission discussion ensued regarding the application and the parking and noise situation at the site. It was moved by Com. Koenitzer, seconded by Com. Adams and passed unanimously to close the public hearing. It was moved by Com. Claudy, seconded by Com. Adams and passed with a unanimous vote to recommend approval of Application 30-U-81, Eli McFly, to extend the permit for six months with a revised condition that the hours start at 8 p.m. 8. Application 3-TM-84 of LOUIS DE LU: TENTATIVE PARCEL MAP to subdivide approximately .5 acres into two parcels consisting of 10,000 sq. ft. each. The proposal includes a minor lot line adjustment with an existing 1.4 acre parcel to the west. ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the west side of Crescent Road, approximately 100 ft. north of Orchard Court in a R1-10 (Residential Single-family, 10,000 sq. ft. minimum lot size) zoning district. First hearing. Planning Commission has final approval. Director of Planning and Development Sisk presented a brief staff report to the Commission. John Riley, engineer, stated to the Commission that he was requesting an exception to the 60 ft. right of way standard as he would not have the needed 10,000 sq. ft. for building after dedication. It was moved by Com. Koenitzer, seconded by Com. Adams and passed unanimously to close the public hearing. It was moved by Com. unanimous vote to conditions 1-18 as shall have 10,000 sq. accepted. Koenitzer, seconded by Com. Adams and passed with a approve Application 3-TM-84, Louis De Lu, with per staff report, 19 to state that parcels 1 and 2 ft. after dedication and minor modifications will be -7- MINUTES OF THE JUNE 11, 1984 PLANNING COMMISSION MEETING - PC-441 9. Application 10-U-84 of R. W. COSTANDII & COMPANY: USE PERMIT to,' operate a video tape rental,V!Iand sales outlet consisting of approximately 1,250 sq. ft. ENVIRONMENTAL REVIEW: The project is categorically exempt, hence, no action is required. The subject property is located on the southeast corner of Homestead Road and Stelling Road in a P (Planned Development with recreation, entertainment and limited commercial'll' intent) zoning district. First Hearing. Tentative City Council hearing date - June 18, 1984. Director of Planning and Development Sisk presented the staff report to the Commission. 'I Mr. Costandi stated that since video,.was a new kind of entertainment category, he felt it would not be a problem. 'I1I There being no further discussion, it, was .moved by Com. Koenitzer, seconded by Com. Claudy and passed ''unanimously to close the public hearing. ;I It was moved by Com. Adams, secondedlj�by Com. Claudy and passed with a unanimous vote to approve Application 1I10-U-84, R. W. Costandi and Co., with findings and subconclusions as per ;staff recommendations. Com. Claudy requested the Community Services Officer look into the garbage problem at Bateh Bros. Liquors. 11 Chairperson Blaine commented on the �Iwork being done at the corner of Stelling and De Anza Boulevard. ,I Director of Planning and Development Sisk offered business cards to those on the Commission who would like them. ll The meeting was adjourned at 11:30 p.'m. to Wednesday, June 13, 1984 at 7:30 p.m., Council Chamber, City Hall. i Attest: Approved: /s/Dorothy Cornelius /s/Sharon Blaine Dorothy Cornelius Sharon Blaine City Clerk Chairperson i ll i -8- r .i•' 'I