PC 05-11-87CI'l'Y OF CUPERrINO, STATE OF Q"\LIFORNIA
10300 Torre Avenue
CUpertino, CA. 95014
(408) 252~4505
MINUI'FS OF 'lliE REGUil\R MEEI'ING OF 'THE PL'!\NNING <XM1ISSION HEID ON MAY 11, 1987 Meeti.r¥1 Held in the Interim Council Chalnbe.rs, 10500 N. De Anza Blvd.
SAIIJI'E 'IO 'l'HE FI.AG;
ROIL CAIL:
commissioners Present: Olairman Mackenzie Vice Chairwoman Sorensen commissioner Adams
Camnrl.ssionE?.r Claudy Commissioner Szabo
7:00 P.M.
staff Present: Robert Cowan, Director of Planning & Development Steve Piasecki, Assistant Planning Director . Glen Grigg, Traffic Engineer Peggy M. COck.er, Deputy City Attorney
APPROVAL OF MINU'l'FS
l'DI'ION: cam. Sorensen, to approve the Minutes of the Regular Meeting of . April 27, 3.987 as Frobmitted.
SECOND: Com. Sza'JO
VOI'E: Passed 5-0
FOSTroNEMENTS OR NEW l...GENDt\ ITEMS:
-None
WRITrEN c:a1MUNICATIONS
-Letter from Mr. Jac..'c Decker, 10300 Scenic Blvd., C.\.lpert:i.no, b1 reference to Item 1.
ORAL ~llJNICATIONS
-None
OONSEN:r CALENDAR
-None
I'ITl<l'S REM)VED FROM OONSENT CAI.ENDAR -None
-1-
I PI.ANNING COMMISSION MINVl'ES Regular MeetirB" of May 11, 1987
PAGE 2
Fe -519
RJBLIC HEARINGS:
ITEM l
Application No(s) Applicant:
Prq.:erty o..mer: location:
Parcel ArP..a (Acres) :
USE PERMIT (13-U-87)
13-u-81, a...JIM-a1 am i1-~.~-~81~Edwin an.:l carol FedeJ;"§Eiel
Same East side of scenic Boulevard armro:idlll9~
450 ft. north of Palm Avenue
.7~
'l"o construct a 7 unit si:r:qle family planned develq::arent.
TEITT'ATIVE MAP (8..IIM·-87)
To subdivide 2 parcels into 7 parcels with lot sizes rangit)3' from
6,700 sq. ~. to 19,400 sq. ft.
FIRST HEARING
ENVIRONMENTAL DEI'ERMINATION: Negative Declaration
TEN'rATIVE CITY OOUNCIL HEARING DATE: May 18, 1987
A member of the audience stated that a notice received listed 7:30 P.M. as the time of the Public Hearin;]'; detennination made that J.egal notices sent out and published we.re listed at the 7:00 P.M. time.
Staff Presentation~ Mr. Steve Piasecki. reviewed the applicatJon an:l noted that the density . ·ange was consistent with the General Plan. He stated that th.is property was zoned Planned Development (PD) in 1980; he cited
the Con:iition of Approval whJ.ch restricted bu.Heling area to the weste.:dy :pJrtions of the property to ntln.i.mize disruption tc, the natural v~etation an the embankment.
staff raised the followirq issues of concern: . -Build.i.rq aver the sloped. ::rrea; the applicant had prepared a revise:! plan to shift the plar .... eme.nt of units to avoid this concern. Staff
r~ed tJi.at no irore than 25% of the first floor area ext.P..nd beyond. the 384 1 cont.our line. An exhibit arrl aerial photo"'jraph were pre.sentect. -central Fire District's cow...ern regardin';J turn P.lround area.
-Build.irq mass an:J. bu1k on rE>..latively smaller lot sizes proposed in the cluster plan; Staff suggested a :i:.'OOP...sign of these units. -Recent decision of the city Council which required a reduction in the number of units in another Application.
-Parking impacts and concern that den.? could l'.:e turned into bedrooms; the Applicant ·was asked to delronstrate that such a conversion cam'lOt be made easily.
PI.ANNING o::»ilSSION MINUl'ES
Regular Meeting of May .ll, 1987
PAGE 3
FC -519
ITEM l (C0nt 1 d)
'Ilw original ?lanned Development zoni~ eiwisioned a cluster concept, as aphieved in t.he proposed design. HcM·ewer, the above issues need to be resolvoo. He answered questions of the Commission re~arclirxJ flood control am Plaruia:l Devclq:ment zon.irq.
cam. Claudy noted that:
-He was ei. canunissioner when this p:rope...'rty was zoned Planned Development
-Zoned PD witll 1-5 uni ts par ac.ce
-Questioned the pro,p::lrtion of acreage which w-as above the 384 contour.
~. .
ht?J2licant's Presentation; Mr. Hoger Griffin, Paragon Design, reviewed the history of the Application and noted the tht"ee plans bein.J proposed:
-Two plans are level pad lots, one 2700 sq. ft., one 2849 sq. ft.·
-One plan was a r..illside lot, 3200 sq. ft. He presented the revised plan and noted that tile proposed cul-de-sac was ooie suitable to address.in)' the concerns raised ·by the CentJ..al !''ire District. He. cited ne.ighborhood oonc.erns of privacy intrusion fran the
proposed two story homes and reviewed design revisions whiC'h addressed
these concerns and :minimize disruption of the hillside vegetation. He presented photographs.
Mr. Morey Nalsen, Engineer, reviewoo portions of the Geological Report.
'Ihe Public Hearing was then OfR..l1ed.
Ms. Helen Adzich, CUpertino, noted the privacy and solitude they hwe
enjoyed over the years; the Zoni."1CJ Ordinances \va..c:; vital to maintaining this qualit.-y of life. She objected to the propcsed tr·10-sto.ry structures,
some of which would be on lots of 6700 sq. ft; such development would jeopardize the existing :neigl-.bo1ilCXXl and set a prece::lent encouraging those driven solely by economic gam.
Mr. Richard Gallant, CUpt?..rtino, Wd.S strongly opposed to build:i.nJ these homes on this property arid questicoc"<l whether the city made n¥:>re money on
high density projects.. He noted traffic impacts an::l asJced that the area remain as it was.
Mr. Rod castor, CUpe.:rtino 1 questioned. the am:JUnt of usable space and felt
that seven houses on this property was too dense and inconsistent with the
existing neighborhcxxl. He suggested allctWir~ four houses on this site.
Dianne Gallant Crosby, CUpertino, spoke on behalf of older residents of this neighborhocd who were unr'lble. to do so for the.mselves, She asJ<:ed that this Application be continued four wee.ks t'J allow for adequate re...spohse
and noted changes to the existing neighborbocd and traffic i.'Tlpacts if this Application were approved.
PUiNNING o::J1MISSION MINl1TES
Regular Meeting Of May 11, 1987
PAGE 4
PC -519
:r.Ini 1 (Cont I d)
Mr. Roger Griffin responded that there were two-sto:cy hanes in the existing neigbbor:hocxl and stated that only two or three of the proposed
hanes would be visible frcan scenic Or:ive.
Mr. Ualoke Ilcelisil noted that traffic on Sa?.nic Dr. was s.im.ilar to traffic on 280 an::1 :perhaps -worse at cx::rmmute hon::s. He asked that only three or four houses be built on this site.
'Ihe Public Hearing remained open.
cam. Claudy noted the similarity of concerns eJq?re.ssed to tho carmnission whenever an infill site is propo.sed for developnent.; he noted ~thy for
the existing l1eighborhood, reviewirq the role of the Commission an:l the rights of the property ownP...r in such situations. He favored the follCMiry;i guj.delines for redesign of the project:
-Mass of the housP_s must be above ani 10 ft. back :from the 384 contour line -Minixro..nu lot size mu.st bo 10,000 eq. ft. -ReqUired R-1 setbac.'\cs must oo :maintained.
Com. Szabo stated that the established 1980 guideli.ru?..::.. for development of this pro:p;:>.rty were reasonable; he concurroo with Com. Claudy's oonnrents and asked that a comparison of land utilization be prepared between
development un::1er , guidelines of tr.e R-1, Hillside Ordinance and the
Planned Development zone. With regard to lot size, he asked that the aggregate not excee::1 R-1-10 stardards, m::xilfied by the slope density ,
fonro.ila.
cam. Sorensen noted cone.em with the dt-msity allooed in other Planned
cevelopments and. the apparent mass of the houses; she conetlrrP.d with the request for a camparison of develop1111? .. nt urJler variolls guidelines and. minimum lot size of 10,000 sq. ft. with required set.rocks.
cam. Adams noted his major concern was setbacks and cona.u-red with Cam.
Szabo's comments. The maximum mrmber of houses should be limited to four or five.
arr. Mackenzie asked that the e:l.J.culations be redone without focludin:; a
private street to better campar?. this developirent with the surroun:Ung
R-1-10 neighborhood.
The Applicant requeste:i a two week continuance in order to present a redesign of tlie project.
MOTION: cam. Sorensen moved to contim.:e Application 13-U-87, a-.r.rM-87 and
14-EA-87 to 'D1esday, May 26, 1987.
S~"D: Com •. ii.dams
VOI'E: Passed 5-0
Ms. Dianne Gall.ant cror.roy rest.a too hP..r request for a four week continuana::i; decisbn rc-'.c"lched that the Applicant usually was allowed to determine tJ18 len:;i ch of the continuance. 'Ihe C.arnmission reviewed the p:r.xx:.edurE'..s 3..rrl the appea1 process for the benefit of the public.
PI.ANNING a::fflISSION MINUTES
Regular Meeting of May 11, 1987
PAGE 5
Fe -519
ITEM 2
Application No(s)
Applicant:
Property Ck.'ner: Location:
Parcel Area (Acres) :
USE PERMI't' (15=U-87)
15=U-87
.!..51 ooL ,75 gro§S
To operate a 370 sq. ft. snack shop at an existing service station an::l continue dispensin:J of gasoline.
FIRST HEl\RING :El."VIRDNMENTAL DErERMINATION: Categorically Exelrpt
TEm'ATIVE CITY COUNCIL HEARING J:ll\.'l"E: Ma.y 18, 1987
?ta ff Pre.sen1&ti_on :. Mr. ea.Jan nob."ld that this Application was to legalize an existing snack shop; he. presented. a site plan for rc:...l\fiew a.00 noted that applicants voluntarily offered not to sell alcoholic bevarages. '.Ihe Applicant was proposi.rq to ut.ilizet an alternative 70 sq. ft. of retail sales area. He SU3"9ested a Condition of Approval to read, "'!be Applicant shall prepare a security plan to minl.n1.be the }.XJtential for petty theft
arrl felony robbery. SUch plan smll be reviewoo by the Sheriff's Patrol
C'.amman:le.r arrl appi-oved by the City. 11
. Applicant 1 s Pr?sentatJon: Mr. .Frank Bul teno, Shell oil Company, stated
that the Applicants concurred with the Staff Repo1'i: rurl were willing to sign a covenant agreeing not to s.:=!ll alcoholic l:.>f?'l_,e.rages. He answered questions addressed. by the C'.amnlission.
Com. Szabo suggested. a Condition of Approv,.i.l stoting that the Applicant agreed that any subsequent regulation reqclr.in:J a se.curity area would .be complied with.
'Ihe Public Hearing was then opened. There were no speakers.
M'.:JI'ION:
SEOOND:
VOI'E:
cam. Szabo moved to close the Public Hearing
Com. Sor(>.nsen Passed 5-0
Com. Szabo 'WclS favorable to the proposed application with the additicn of a Condition of Approval as suggested al::cve; Consensus that the Condition read, "'Ihe service station shall comply with any subsequent applic..--:1.ble
la.\-~-> relating to security enclosure of cashiers.11
.cam. Claudy rdised omsideration rega.i.w.m the st.orage area and a possible triggering of a requirement for street improveme..nts; he did not see a problem as long as the st.orage are.a was :l.riaccessible to the public. Cam. Sorensen c.oncurnrl. Consensus reached that any expansion or modification of floor area to a new use triggers a new Use Permit Application.
PIANNING a:MMISSIOO' MINlT.!'ES
Regular Meei:irq Of May 11 1 1987
PAGE 6 PC -519
ITEM 2 (Cont'd)
M:Yl'IOO': can. Szabo lOCIVOO to reccmu:nend approval of P.pplication 15-U-87,
subject to the conclusions of this Hearing and the Staff Report, with the addition of Conditions of Approval stati.).J that, 11The service ·station shall comply with any subsequent applicable laws
relatil-q to security enclosure.a of cash.iers.11 and 11'Ihe J.\t.'.plicant shall prepare a security plan to itl..-dmiza t.'1-;e potential for petty
theft mid fE>..lony :robbery. Sud.1 plan shall be reviewed. by the
'Patrol Conul1a.rrler and approved. by the City •11 and "'Iha Ho..lrS of ;eratirin for the snack shop a:re to be ccincidental with the i.spensin:J of gasoHne.11 an1 "Any additional expansion or .edification of use VJhich brin:J's the aggregate t=>..xpansfon or ioodification over 25% includin:J current expansion shall trigger t.hla site modifications per 01."dinance requirements.11
SECOND: can. Claudy vorE: Passed 5-o
I'I'El1 3
Application No(s) Applicant: Property owner: location:
Parcel Area (Acres) :
USE PEm1IT (18~U-87)
).8-U-87 "
Bahnlt;11..LManbcd ·-~-------.'.rrl!St C..:~ of the W€!:.,~--southe.ast comer of Stevens Creek Boulev-cU:'d and Pot!~LAvE.'>..nue -.
HLIL.
'l'o operate nn eating establishment with;in an existirq 920 sq. ft. tenant space of a retail center, with 18 seats, two employees and .incidental take-out service.
l"'lRST HEARING
ENVIRONMENTAL DETERMlNATION: categorically Exempt
TENTATIVE CITY CUJNCIL I-l.EARlliG DATE: May 18, 1987
Staff Presentation: Mr. Piat'.r.!ci:'i reviewed t.he Application and st:mrmarized the issues presented in the Staff Report. Staff had recommended addition of a condition of Approval statir:q that all food service be in returnable contai.ne..nl and take out sei"Vice be 1.i.miti:rl to a maximum of 5% However, upon revie,.; of complaints received, Stal':£ now reconunended a delay :in grantin:;J any approval until it could be de.ll'DI1Strated. that problems associated with this ceni:P.r be brought und.er control. He reviewed current
Code Enforcement violations in the rear area adjacent to residential use..s;.
l\:pplicant 1 s PresP.nt .. ation :. Mr. Mark Wimmer, Manager, Orchard Valley Ce.nt.P...r, reviewed the location of the proposed restaurant in :rf'..lationship to the "restrict.ed area" to ':-he rr...ar of the c:e.nter and stated Uiat tr.e new t.encmt would not contril?Ute to the coneerns currently bafr:q voiced by residents. He nol-..ed the efforts of managmuent in l!¥"..eti:ng· with residents
to solve proble:m..s and noted that only one complaint had been received. since the previous Hearin:J at the Plarn1ing Cammis~:l.on.
PI.ANNlNG CXJ11MISSIQN MINC."l'ES Regular Meet~ of May 11, 194\7 PAGE 7 oc -519
ITEM 3 (Cont'd)
Mr, Wimmer noted the recent a:d.e Enforcement review at which time all equipment was foun1 to be wit.hin acc.eptable noise limits. He presented copies of a letter to all 'tenants rem.:i.rx:Un;r them of re.gulc.<tion.s an::l a letter to landscapirq an:l maintenance companies; the center currently has six day a week trash pickup. He state:i that t.he site had been sold to the present crwners within the la.st year arxl u half.
He requested the follooing charqes in St.aff recorrime.OOations:
-Yogurt be served in traditional containers, i.e., styrofoam cups
-Incidental portion of the :b.isiness be increased to 15% -25%
'!he Public Hearin;r was then opened.
Ms. Barbara Harris ooted the letter sent regru:U..in:] this Application and stated that havirq her home backed up to a retail center provided. a great deal of privacy. Hc:Mever, she noted the continuin;J problems as follows:
...; 'Ihe proposed restaurant was a fast food. or-ex-at.ion with high fat foods. -'lhe significant take out lunch cocnter operation at the bakery
-Noise ratirq of 48 decibels; 50 decibels rating would l:.;e jn violation.
-Air conditioners arrl corrq;>rer.:;SOrs noise and vibration
-'lhe lack of a ca.nprehensi ve plan by manaqemlent of the Center.
Mal'ION: SEOJND:
VOT'E:
cam. Claudy 110.red to close the Public Hearing com. Adams
Pasc..00. 5-0
cam. Claudy concurred with staff recammerilations and noted that conditions imp6sed on the Cent:P..r had IY"t been complied with. He wished to seE:1 a work:i.n;J plan before f-urt:.her consideration of another restaurant; cam.
Adams concurred with Staff recoirrmexx:l.atian and cam. Claudy 0 s o:mirnents.
Com. Sorensen concurred am asked t11at the amount of take out and the use of cutside tables at the Center be revie\<l'Ed.; Chr. Macke.nzie concurred that existing tenants had expanded their operations to include a take out as a. significant portion of their business.
'Ihe Qiainnan favored a three month period of obsexvation of this Center; cam. Szabo questioned the effectivl:mess of a period of observation. cam. Claudy suggested that residents no longer attended Public F.ear~s of Applications fo;::-this center due to an apparent ineffa.--tiveness of their atte,n:lance in the. past. In response to the Cammission 1 s question, the Applicant asked that they be allowed to present a more camp:reh.ensive plan
arrl requested a tVJO week continuance.
M:Jl'ION: cam. Claudy moved to re.o}.Y.".n the Public Hearin3'.
SEO)Nl): COm. J\darns
VOTE: Passed 5-0
MOI'ION: SECX)ND:
VOI'E:
Com. Claudy noved to Continue Application lB-TJ-87 to ~.ay 26, 1987 cam. Ji.Jams
P-d.Ssed 5-0
·' l
l '
-· PIANN"ING cx:MfiSSIC!'l MINUTES
Regular Meetinq of May 11, 1987
PAGE 8
Fe -519
N:l:.""W BUSINESS :
ITEM 4
Application 28-U-86 -Edwin J. Myers Associates: ReviE!W of Condition No. 5, Tree Presra.tvation, per Plarm:i.n; camnissian Resolution No. 2960. 'Ihe property is located on tile south side of st.evens Crook Boulevard,
1,400 ft. we.st of DG Anza Boul.evat'd ~ite from Saich Way.
staff Present@tf,,on: Mr. cowan reviewed the Application and presented the required Tree Protection Plan CXl1llplet.ed by Mr. Barrie Coate, Ho.rticul tural · eonsultant. staff re.ocmmen:.'led adqrl:ion of a Minute Order fin::ti:n;J that this plan :met the intent of Con:iltions 5 axrl 9 of the original Use Penn.it.
MJI'ION: cam. Claudy moved to adopt a z.rJ.nute Order per the Model Resolution.
SECOND: cam. Adams
VOI'E: Passed 5-0
OW BUSINESS
-None
NEW BUSINESS
-None
REFORl' OF PI.ANNING CD1MISSION
-Com. Adams requested .information regarding art work on the A;?ple
Computer Buildirq.
-Can. Soren.sen commented that t.lla OffiCEI Build.in:Js on Miller Ave. ·were attractively designed.
-Com. Claudy a5ked that Code Enforcement OfficP .. rs cite the City for dumpsters not placed in the trash enclOfu-ures in Mont.a Vista Park.
He asked. that the C.ammission consider at a future date the Floor Area :Ratio for residential; Hr. cc~1lcm :reviewed A...~C actions on this issue.
REroRl' OF PI.ANNING D:rn.ECI'OR
-Mr. Cowan reviei.ved recent decisions of the City eouncil of interest to
the Planning Cor..unission.
DISaJSSION OF NEWSPAPER CLIPPINGS: -None
PlANNn~ CXffrr.SSICN MINt1l'!S
R9gula:r Meetin:J of May ll, 1987
Pl!GE S
. FC -519
AD.JCXJRNMEh"l'• Havfm oon:::luied it.a rosiness, the Pla.nrrl.n3' Commission adjourned at 9:41 P.M. t..o the next Regular MeetinJ of May 26, 1987 at 7:00 P.M.
Approved by the Planning Commission at the Regular Meeting of May 26, , 1987.
ATTEST: APPROVED:
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