PC 08-10-87CITY OF CUPERTINO, STATE OF CALIFORNIA 10430 So. De Anza Blvd. Cupertino, CA 95014
(408) 252-4505
MINUTES OF REGULAR MEETING OF THE ?LANNING COMMISSION HELD ON AUGUST 10, 1987
Meeting Held in the Interim Council Chambers, 10500 N. De. Anza Blvd.
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Mackenzie
Staff Pr~sent:
Vice Chairwoman Sorensen Commissioner Adams
Commissioner Claudy Com.missioner Szabo
Robert Cowan, Director of Planning and Development
Steve Piase;;;ki, Assistant PlannL'1g Dixcctor
Travice Whi:ten, Assistant City Engineer
Peggy M. Cc~ker, Deputy City Attorney
APPROVAL OF MINUTES:
7:00 P.M.
MOTION: Com. Adams, io ap.prove t:-ie Minutes of the Regular Meeting of July 27, 1987,
as subm.ittedo
SECOND: Com. Claudy
VOTE: Passed, Com. Sorensen, Sz:ibo absent 3-0
POSTPONEMENTS OR NEW AGENDA ITEMS;
ITEM 5: -AppEcation 13-TM-87, Yamaoka Development: Appl.Jcant requested a continuance to the .\.-keting of September 14, 1987.
M07iON: Com. Ada.ms moved to continue Application 13-TM-87 to Septr.::mber 14, 1987 SECOND: Com. Claudy VOTE: Passed, Com. Sorensen, Szabo absent 3-0
ITEM 9: -Application 37-lJ-87, Eggroll Fantasy: Staff requested continua!1ce.
MOTION: Com. Adams moved to continue Application 37-U-87 to August 24, 1987.
SECOND: Com. Claudy
VOTE: Passed 5-0
WRITTEN COMMlJNICATIONS:
Letter received in regard to Item 2, Application 32-U-87.
ORAL CO!vIMUNICATIONS: None.
COl'ISENT CALENDAH.: None.
PLANNING COMMISSION MJNUTES
Regular Meeting of August IC, 1987
Page 2 PC-525
PUBLIC HEARINGS:
ffEM 1
Application No(s)
Applicant:
Property Owner:
Location:
Paree! ,11.rea (Acres):
USE PERMIT (3 l-U-87) To construct a single-family dwelling.
FJRSr!' 1-IEARING
ENVIRONMENTAL DETER.MINA 110N: Previouslv Assessed
TENT AHVE CffY COUNCIL HEARING DA 1T: August 17, 1987.
Slilll.eKS.c.ntmioo; Mr. l'iasecki presented the Site Map and noted that previously appmved
Use Permits had been allowed to expire; there were no new issues in this Application.
Suggested Conditions of Approval addressed issues of Slope Stabilization, Tree Protection, Fire Access and Grading.
1\pp!icn.n..li..fu:i~DlilliQ_ri;. Applicant present but did not wish to address the Commission.
Ms. Olga Romano, 10380 Scenic Blvd., Cupertino, noted concerns regarding the stability
of an adjacent slope during constru~:tion of this development; Mr. Whitten offered to meet
with Ms. Romano to answer questions and reviev; precautions taken during constrnction.
MOTION: Com. Claudy moved to close the Public Hearing.
SECOND: Com. Adams
VOTE: Passed 5-0
MOTION: Com. Claudy moved to recommend approval of Application 31-U-87 per the 1\.1ocicl Rcsolntion. ·
SECOKD: VOTE: Com. Sorensen
Passed
ITEM2
Application No(s)
Applicant:
Propeny Owner:
Location:
Parcel Arca (Acres):
~ I ' :2ZJJ.:_8.7_1ill.d.J.4-E.b.:fil __ .. _. _______ _
Ch~r.Q.o ... 1LS..A,__, _____ . ______ _
C.u12cr1ulQ.lkD.m_Cll!JL_ . _
tiQLtD.l<ll..SLCQ[[JJ;LQ.[ N Orth J).C.J.illllLllimkY..ilu:l __
.und.lism~'il.~.a.1.il\Q.J£L ____________ _ . "I~Lr!.c:L __ LQ:L.rm1,'>..L
5-0
PLANNING COMMJSSION MINUTES Regular Meeting of August 10. 1987 Page 3 PC -525
ITEM 2 Continued
USE PERlviff (32-U-87) To operate an existing service station on a 24 houc basis.
FIRST HEARING ENVIRONMENTAL DETT:RMINA TION: Negative Dcda.ration TENTATIVE CITY COUNCILHEARir-iG DATE: August 17, 1987.
SJ.a.ff_p.re.iC..lllJULQ!L. Mr. Cowan presented the Site Map and noted the Plilnning Commissi,m's policy that service stations located adjacent to a residential area not be allowed to operate on a 24 hour basis. He cited a noise report submitted by Staff which
concluded that the day-to-day operation of a service station had a potential nuisance factor due to noise. Staff rccommendl:d denial of the proposed 24 hour operation.
A.ruili~ruirui:. I\ilr. Bob Reed, Chevrun representative, noted tlrnt the request
for a 24 hour operation was for profit as well a::; to serve the public; he stated that the Study
showed no signifkant increase in noise levels and added that since custr.imers were required to tum off ca.r engines while at the station, radios would also be of[ In addit.ion,
the station manager had offered to respond to any '..:omplaiim made. He noted the potential
for noise, loitering and lack of security at a closed station.
Com. Claudy questioned Mr. Rec~ regarding the operation of this station in violation of City Ordinances during the past two years; Mr. Reed stated that he had no response.
Mr. hseph Bielefelr, Station Manager, stated that 20-50 customers were served during the
11 :00 P.M. to 6:00 A.M. shift.
M0110N: Com. Claudy moved to close th<.: Public Hearing. SECOND: Com. Sorensen
VOTE: Passed 5-0
Com. Claudy citing policy of the Commission, noted that this station was not. different
from other stations adjacent to residential areas; Com. Szabo added that potential service to
the public would not offset prolJlems to the residential area. Com. Sorensen agreed.
Com. Adams noted that the adjacent residential area was in Sunnyvale; however, h~ fel.t
that potential disturbance to ar~y residential area was sufficient reason to deny this request.
Chr. Mackenzie noted ttie potential mitigating factor of security provided by an operating
station; however, he felt that con;0is1cncy in application of policy, whether applied to
residents of SunnyvaJe or Cupertino, was required.
MOTION: Com. Claudy recommended against the granting o[ a Negative Declaration.
SECOND: Com. Sorensen
V011::: Pas!:ed 5-0
MOTION: Com. Claudy recommended denial of Application 32-U-87, citing incon-
sistency with policies established by the Commission, prohibiting the 24 hour
operation of service stations adjacent to residential areas. SECOND: Com. Adams
VOTE: P~sscd 5-0
\ PLANNING COM.\11SS!Oi'1 MINUTES
Regular Meeting of August I 0, l 987
Page 4 PC-525
ITEM 3.
Application No(s)
Applicant:
Property Owner:
Location:
Parcel Area (Acres):
JJ.Jl:.81.J.JwU1:EA-87 ll.etbcJ Lu tl1~ml.fJrnr.c.b __ _ SiunL-______ --------·----
~ .. fil.QDJ4r Qf Fin.ffi1\_Y.C.r.1.JJ..tiruiS.~ U.ML 3,..,u[Q.s.s.
USE PERMIT (33-U-87) To consi:mct an 11,000 sq. ft. addition to an existing church nnd to operate a nursery
school, private school, meeting rooms·, worship services, and associated activities.
FIRST HEARING ENV1RONIV1ENT AL DETERMINATION: Negative Dct;laration
Staff Pr~S.C.D.L.11.i.Q.n.; l\fr. Piasecki reviewed previous Use Permit approvals and presented the
Site Plan. Sta.ff recommended approval of this Application with the following considerations:
Did not recommend approval of t.h<! location of the patio/barbecue area as proposed
No:ed concern regarding potential flooding of this s.ite
Verification tku first floor elevations were above the 1 % flood line Noted that some on-~;trcet parking was generated on Sundays; howev~r, no complaints
had been received. Staff re.commended that on-site pu.r!J.ng be rn.aximized Asked that landscaping along the west proper~v line be ills~allcd
Repair and/or replacement of fencing be compk!ed
Adjustment of lighting in the p;uldng area to prevent spill ovc1· into the adjacent area
Alll2li£nnt's Pn:..s..e..ru.ali.Q.D.;. Mr. Bob Schwenke, representing Betha! Lutheran Church, presented the 196-4 plan and noted the difficulty of raising the finished floor level of the
addition since this structure would adjoin the existing structure. Constmction of improve-
ments could extend over five years and would be completed in two phases. Applic:mts were
agreeable to furt)1cr review by the Commission of the patio/barbecue area. Mr. Piasecki
suggested adding a condition of approval 11ddressing the phasing of this project.
The Public Hearing was llier\ opened.
Mr. Diane H<ut, Brookdale !brnc Owners Association, stated that they had no objection to
the first phase of Lfi.is project; ho·,v~ver, she noted Lhc fol10wing concerns: .
Placement of barbecue area which would impact the adjacent residential area
Location of parking area which would cn~atc noise and exhaust f umcs
Building of addiiional classrooms would increase the population and noise on-site
Accessory structures were constructed without permits; pictures were presemed
Lighting of the parking lot would impact the residential area
Mr. Milt DeBuhn, President of the Congregation, responded that proposed cbssrooms
would not increase the number of students already permitted; rather, this addition would
provide needed spJcc and provide higher quality education. He felt that no additior1a.1 noise
would be gencratr:d since students \.Vere already using the outside areas.
PLANNING COMI\.11SSION MINUTES
Regular Meeting oi August 10, 1987
Page 5
PC-525
ITEM 3 Continued
M1 '·~Huhn added that the accessor<; strncturcs had existed for many years and were used
for :.wrage; t11e Church intended to improve these structures of approximately 310 sq. ft
Infonnation on current number of students unavailable.
Ms. Jan Mitome, 10197 finch Ave., Cupertino, concurred wjth Ms. Hart's statements and
asked for information1on i"ihasing of the project. She citcc!. noise impacts from the children
and requested consideration of instaJ1ation of a sound wall.
Ms. Barbara Myers, 10190 Yoshino Pl., Cupertho, noted the number of hearings held on
this project and concurred rcgiu-ding noise impacts from the school yard. She reviewed
previous decisions rer,arding this project and asked tlrnt a fam underst~uidlng be reached.
Mr. Dave Klinger, Church member, reviewed efforts to work with the BrooKdale Home
Owners Association and no~t~ the Church's intent to complete the proposed additions. In
response to Com. Adams' question, he noted that in order to have a viable school program that parents would subscribe to grades K-6 were required.
Com. Ciat1dy noted the uncertainty of Applicant's plans with regard to Pha~e II; he
suggested another Public Hearing IT.thcr than approve this phase at this time. Consensus ·
reached oy the Applicant and the Commission on improvement~ and additions considered
for approval at this hca1ing; Phase I to include additions/modifications to the sanctuary,
parking lot, landscaping installed along the westerly property line, lighting and fencing as
pennitted by the owner, if not owned by the Church. Construction of Phase IJ. r.o be
initiated by June 1989.
The Chair.Dan reopened the Public Hearing.
Mr. Robert Henkel, Chai1man, Building Committee, stated that the proposed. L shaped
building would shield the neighbors; he noted that storage. area was r1cccssary. Applicants
were agreeable to removal of existing structures and replacing such with a 400 sq. ft.
storage buildings, localed in the south cast corner of the prope1ty, subject to ASAC and
Staff approval. Storage structure to be included in Phase I. Mr. Henkel asked that the
entire project be approved, citing fund raising efforts and commitments made ro
pruishioners.
Ms. Ba1'b<Lra Myers reviewed prcvio"Js considcrntions on a storage structure; she asked that
height a.nd 1ype of materials be stated. She asked for information on limitation on the
hours of consu11ction and regulation of noise during this period.
MOTION: Com. Cla•Jdy moved to close the Public Hearing
SECOND: Corn. Sorensen Vm'E: Passed 5-0
Consensus rencherl by the Commission !hat ASAC review the s:oragc structure; in
addition, the accessory structure rnay not be constructed of metal and may not contain a
pby axca nor an office area . Setbacks lo be rcgula!ed by R·· 1 O~dinance. ! •
\ I I I
t i I ~ I
~.·'.· f
PLANNING COM1\1ISSION MINUTES
Regular McC'ting of August IO, 1987
Page 6
PC -525
ITEM 3 Continued
MOTION: Com. Claudy moved to rec.::irr .• mend the grar1ting of a Negative Declaration.
SECOND: Com. Adams VOTE: Passed 5-0 ·
MOTION:
SECOND: vorE:
M0110N:
SECOND:
VOTE:
ITEM4
Com. Claudy moved to amend the above Motion to read, moved tlrn granting of a Negative Declaration.
Corn. Sorensen
Passed 5-0
Com. Claudy moved. approval of Applicntion 33-U-87 per the conclusions and
subconclusions of this Hearing and the Staff Report; Conditions 1 through
12; Condition 13 modified to include Phase I only as defined above and adding
an accessory storage structure as noted 1bove. Phase H approved for initiation
by June, 1989. Conditions 14-16; Condition 17, Patio/barbecue area, not
approved at this time, separate Use Permit application required; Condition 18;
adding a Condition 19, to permit an L shaped building in tl1e south east comer
of the prop<~ny. Storage building to be~ in confonnily wilh the Site Plan. a mini-
mum 10 ft. setback from the property line required, landscaping between the
building and the property lirn~ to be insmllcd and maintained. Storage building
to be of wooden construction so as to be attractive to adjacent property owners,
and in conformance with R-1 setback and hdght limitations for accessory build-
ings. Building r.hall be used for st\)rage and not as a p!ay or office area. Final plans subject to "review by ASAC. ·
Corn. Adams
Passed 5-0
Application No(s)
Applicant:
34·1!.:.8.L _______________ _
h.'.lMMJ~~1.L.1IJ.c.,.,_. --· Propeny Owner:
Location:
Parcel Arca (Acres):
B.l.llltcdTI.m:cnies -----------------SQ.u1lliYJ:.,'lliQLD.IT.QflliJ\Jll.aJfouJ .. 1:.Y11..n:l...u!lsL. __ ,_
M.~·.CkJlilllB..12;11:L _________ ,, ___ ·-·--
lli.A
USE PER.NUT (34-U-87) To operate a cby cleaning and alteration shop.
FIRST HEARING
ENVmONMENTAL DETERMJNATlON: Catcgotically Exempt
TENTATIVE CITY COUNCI!_, IIEA.Rll'~G DATE: August 17, 1987
Sli~!:111ruio.D~. Mr. Cowan noted that no plant operations would be on-site; he reviewed ·
is5ues sta1ed in the Staff Report. Stztff recommended approval per the Modd ResolLirion.
'I11c Applicant was not present
PLANNING COM.l\1ISSION MINUTES Reguiar Meeting of August l 0, 1987
Page 7
PC -525
ITEM 4 Continued
The Public Hearing wa~ then opened. There were no speakers ..
M01JON: Corn. Ciaudy moved to dose the Public Hearing. SFCOND: Com. Adams
\ 1TIE: Passed 5-o
MOTION: Com. Adams moved approval of Application 34-·U-87 subject to the conclus-ions and subconclusion of this Hearing and the Staff Report.
SECOND: Com. Claudy VOTE: Passed 5-0
Com. Szabo stated that the Commission did not intend to require a Use Pennit for a dry cleaning establishment which had no plant operations on-site. He suggested modification
of the applicable Ordinance to remedy this situation.
MOTION: Com. Claudy moved to send a Minute Order to City Council stating that it was the understanding of the Planning Commission at the time of adoption of the
Ordinance that dry cleaning establishments which were retail stores and not plant operatio11s would not be sut.ject to a Use Pe;mit Application. The
Commission wished to operate with this understanding.
SECOND: Com. Szabo VOIB: Passed 5-0
ITEM 6
Application No(s) App.lkant: Property Owner: Location:
Pared Area (Acres):
FIRST HEARING ENVIRONMENTAL DETERMINATION: C' .. atcr;oxically Exempt TENTATIVE CITY COUNCIL Hr:'.ARING DATE: August 17, 1987
.SJ.filil1:~.~Jllll.ti.QD,;, Ivir. Piasecki reviewed the Application and noted t11c following issues:
The Traffic Intensity Perfonnancc Standard; a 3.5 trip end per thousand sq. fr.
standard recommended due to the requested 52 seats Pm·king deficit of 3 spaces; a condition allowing a reduction of seating to 40 in the event that parking thonagc occurs to be signed by the Applicant.
Com. Claudy stated that a request for 52 scats and a !<u-ge talcc out opemtion would exacerbar'! the existing p;u-k.ing deficit; the Applic:.mt was :iskcd to address this concern.
PLANNING COMMISSION MINUTES
Regular Meeting of August 10, 1987
Page 8
PC -525
rn:M 6 Continued
.8~1.IlU.ll~ Mr. Roger B.runello, Owncr/.A.pplicant, stated that the proposed
operation was a bakery with a deli component; he did not feel that they would be a
restaurant. He noted that at other locations, this bakery served the locai t.rnde and was self limiting. He added that there arc not many food establishments in this area ..
The Public Heafr·g was then opened.
Mr. John Vidovich, Property Ownef, noted concern that avail.able trips would be used on
what was a bakery and noc a restaurant operation. He asked that the nip factor be approved at rhe standard commercial rate. ·
MOTION: Com. Szabo moved to c!os.c the Public Hearing. SECOND: Com. Ciaudy
VOTE: Passed 5-0
Chr. Mackenzie cited differences of standard commercial and the proposed operation
which would have sigriificant mm over; h'e favored trip constraints as recommended by
Staff. Com. Claudy added that noon time would be the busiest time of day, rather than the
traditional commute hours; he favored the 3.5 txip ~onstraint with review as necessary.
M0110N: Com. Sorensen moved approval of Application 36-U-87 per the conclusions
and subconclusions of this Hearing and the Staff Reporr.
SECOND: Com. Szabo
VOTE: Passed 5-0
Break: 8:50 -9:00 P.M.
ITEMS 7 and 12 to be he'l.rcl concurrently .
Application No(s)
Applicant:
Property Owner:
Location:
Parcel A1ca (Acres):
. LUM.:..81.----·---------IJ..uµ:ir.c.1i..C.1:ill.SJ.!lWP1s. ----,--IungJimrng..>loill1in::.M£L.Sluig_ ______ _
.S.Qllih~.C.:ilJ."...QLU.!.:f..Qf..SJ.cllir.1.i:JSQ;.1£1..nru.l.Jlaill.l"><JY.L
D.LiY~------------~--·-...... Z.ftn~J._..11-gf.Q_s;;_
TENTA'I1VE MAP: (15-TM-87) To subdivide I parcel intc, 2 parcels with lot sizes ranging from 6,300 sq. ft. to 7,100 sq. ft.
FIRST HEARING
ENVIRONMENT AL DETERMINATION: Catq~orically Exempt
NEW BUSINESS:
Application 6-M· 87 -Day Arca Consul rants
Requesting imcrprct:.Hion of front yard sctb:1cks. The propcny is located on the south
west corner of Stelling Road ;rnd Rainbow Driv~:.
PLANNING COMMISSION MINUTES
Regular Meeting of August l 0, 1987
Page 9 PC -525
------------··---
ITEMS 7 AND 12 Contin ucd
.S.Wif.J?resr:nmt~ Mr. Cowan noted concern that the 5 ft. area between the back knee
and sidewalk would not be ma.intained properly. Com. Claudy stated he would not vote in favor of any application unless provision had been made for maintenance of this area.
Ms. Cocker stated that a separate maintenance agreement could be dra\vn up to be illcluded
in the Tentative Map approval; an agreement will be drafted with appropriate Condit.ions
by the City Attoney's Office and presented for review by the Commission.
AJ.212.lk.n.n.L'LE.r~.snu.utis.1.n.;. Mr. Warren Whaley, Applicant's representative, stated that the
Applicant wished co install. a sound wall rather than a. fence; he questioned the imposition
of a separate maintenance .agrcem~nt and noted the difficulty of maintaining landscaping.
The Public Hearing was then opened.
Mr. Raymond Worrell, 7703 Oak Meadow Ct., Cupertino, requested infomuuion and noted c:oncem that his retaining wall might be undermined by the construction.
Com. Claudy ravored .:i comi.Jrnance of this Application pending the drafting of a, separate
maintenance agreement. Mr. Whaley asked that the Application be approved with a
condition, if n~ccssary, rather than rcquiJing a continuance; he suggt~sted considerat:on of a deed restriction. Com. Szabo suggestt~d use of tree wells and rock to avoid continuous
maintenance. Consensus reached thar a Condition of Approval would be imposed requiring City Council approval of the Tentative Map; the City Attorney's office wEl draft a
s~parate maintenance agreement to be reviewed by the Commission.
Com. Claudy suggested an additional Conditio:-i requiring the wall to be of an atu'activc nature and not slump stone; he cited ex::imples.
MOTION: Com. Claudy moved to close the Public Hearing.
SECOND: Com. Adams
VarE: Passed 5-0
MOTION:
SECOND:
VOTE:
Com. Claudy moved to recommend approval of Application 15-TM-87, subject to the conclusions and subconclusions of this Hearing and the Staff Report, Conditions l -16; Condition 17 modified to allow the Applicant to post a bond
to insure demolition of existing structures; Condition 18; ndding a Condition
19 rcqJiring thi~; Applicmion to be re.viewed by City Council for final approval;
addition of a Condition 20 rcqui.ring a landscape installation and maintenance agreement for the property between the wall and the public sidewalk, SL~ch to
be maintained by the property owners including a mechanism allowing the City
to enforce this agreement. 'I11c City Council shall select the mechru1ism most approp1iatc for impler.1enting this Condition; ASAC shall informally review the
propo:;ed plan; addition of a Condition 21 requiring that any sound wall built
adjacent to City sr.rcets sh<cll be of an attr .ctive nature and subject to review by ASAC. Two examples of WJlls deemed J.!tracti ve arc the new development at
Steiling Rd. and McClellan Rd. and B; ss Hornes on Foothill Blvd.
Com. Adams Passed 5-0
PLANNING COlVL\1fSSION MINUTES
Regular Meer.ing of August 10, 1987 Page 10
PC -525
ITEMS 7 AND 12 Continued
----·---------
MO'TION: Com. Claudy moved approval of Application 6-M-87, a!lov:ing reorientation of front yards for two parcels.
SECOND: Com. Sorensen
VOTE: Passed 5-0
ITEMS
Application No(s) Applicant:
Property Owner:
Location:
Parcel Area (Acres):
...6.:.Z:Jl.1.J 4-Th1:12l.nruU1-EA-87 ____ _ Mill:ul..S.QL\filll.bJ.k!L. __ . __ . __ . __ .
fu.urs; ____ ·---------·
~illllillv..J&L.cnr:Ifil_Qf.E.'U.n.b.ID.'ll.?~mil!Jlliln.\LY'l~ ....4.5_.ru;L
CHANGE OF PREZONJ.NG: (6-Z-87)
From City of Cupenino Pre-R!-IS (Residential Ifillsidc) zone to City of Cupertino Pre-Rl-8 (Single-family, Residential, 8,000 sq. fr. minimum lot size) wne nr whatever zone may be deemed appropriate by the Planning Commission.
TENTATIVE MAP: (14-TM-87) To rnbdivide one parcel into two lots with lot are~ of 8,000 sq. ft. and 11,700 sq. ft. respectively.
FIRST HEARING
ENVIRON1\1ENTAL DETERM..INATION: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: September 8, 1987 .
.S.llifJ:Erilllliill.illf!..;. Mr. Piasecki presented the Site PJ;rn, Tentative and Slope: Density Maps
and reviewed R-1 and RBS zoning crdinances. The Applicants fdt that it was irr;practicable
to subdivide the lot under the !lHS Ordinance d:,~ to placement of an existing home; tht~ R-1
Ordin~.nce would provide flexibility in lot si..:.c and required setbacks. He pointed 01Jt properties potentially impacted by this decision. Staff recommended approv<Jl.
L:.\prtlkimJ.s_Pr~s.~!.ilii..Q.U: l\1r. Jim Jackson, reprcscntin8 the Applicant, noted consistency of the Application with the General Plan requirements and added that this request was within the Slope Density Formula. Due to required setbacks and placcrncnt of ;m exi~ting house effm1s to make this proposal consistent with RBS rcquircrr•1;!nts were unsuccessful; Applic11nts reached the conclusion that as long as this J\;::iplication was consistent with the General Pla;i and the property was within t11e transit.ion~LI zone between flatland and hillside development, the R-1 zoning would be acceptable. Dcn:iity would not be incrcas<"Ai.
The Public Hearing was then opened.
Mr. Bob McLl)skcy, 2153D Rainbow Dr., Cupertino, objected t0 the Application under
consideration w1d added that he lived in this area due ro the size of th<.: lots and the property value. He noted effortc; to maintain lot :;izc and reduce uaffic f1ow.
PLANNING COMMISSION MINUT!::S Regular Meeting of August 10, 1987
Page 11 PC-525
ITEM 8 CominuC'd
Mr. McLoskey noted the largeness of a recently built, adjacent house and added that
approving this Applicaion would re-quire him to face the side of the proposed house
MOTION: Com. Szabo rnov :d to close t11e Public Hearing
SECOND: Com. Claudy VOTE: Passed
Com. Szab .... noted concern that pr~cdcnt would be set; however, he felt that significant changes would not result from approving this Application and stated that he would vote in
favor of this request.
Corn. Claudy wa!; not in favor of this Application. He felt that changes in use should not
be backed up against each other, but rather, should be across a divider such as a street.
While both the RhS and R-1 would a~low two units on the property, these zoning disuicts were not equivalent ~'1d were designed to meet different objectives, He objected to choosing a less restriclive zone in order to accommodate the wishes of a propeny owner. Ccm. Sorensen concumxi that the road should be a dividing line between changes in use.
Com. Adams noL;d the simila1ity of this rcque5t to the p1;1ctice of spot zoning.
Chr. Mackenzie noted consideration of Mr. McLoskey's commer.ts regarding the rezoning
of one property to aliow the front yard of one home to look into the side yard of another
home; he could noL make the necessary Findings in order to approve this Application.
MOTION: Com. Claudy moved the granting of a Negative Declaration.
SECOND: Com. Sorensen -
Vmt: Pas!>ed 5-0
MOTION: Com. Claudy moved to recommend denial of Application 6-Z~87, being unable
to make the necessary Findj_ngs, ~dding that approval of this Application w'ould represent spot zoning, and the hillside districts were established to meet the goals of the Ci~y; rezoning solely to permit the subdivision of property unable
to m!.'et RHS zoning would not prr:;notc orderly development of the City, nor
would such action benefit surrounding properties. SECOND: Com. Sorensen
VOTE: Passed, Com. Szabo opposed 4-l
MOTION: Com. C!audy moved denial of Application 14-TM-87 citing the lack of agree-ment with the recommended zoning action. SECOND: Com. Sorensen VOTE: P<>.sscd 5-0
PLANNING COMMISSION MINUTES
Regular Meeting of August 10, 1987
Page 12
PC -525
ITEM 10
Application No(s)
Applicant:
Location:
Parcel Area (Acre!'):
Amendment of Chapter 16.52 of the Municipal Code titled, "Prevention of Floqd
Damage." The amendments include modification of definitions, procedures and stand-
ards to confonn to State mandated changes in the National Flood Insurance Program
FIRST HEARING ENVIRONMENTAL DETERMJNA110N: Categorically Exempt
TENTATIVE CITY COUNCIL HEARING DATE: September 8, 1987
.S..ta.ff.ft.c.s.~uilln:. Mr. Piasecki presented the Application and noted that further information
from the state was required. Staff recomr.nended co11tinuance of this Application.
MOTION: Com. Adams moved to Continue Application 81,004.5 SECOND: Com. Claudy
VOTE: Passed
ITEM 11
Application No(s)
Applicant:
Location:
5-0
Public Hearing to consider a possible new ordinance or amendmi.!nts to the General
Commercial, Office and Light Industrial Zoning Ordinances to regulate the design and
operation of beverage redemption centers pursuant to the State of California's Jlc.Y.crn..gf; C'QIJlrfil.A.c.L.
FIRST HEA1?JNG CONTINUED
ENVIRONMENT AL DETERMTI\iATION: Negative Declaration
TENTATIVE CITY COUNCIL HEARlNG DATE: September 8, 1987
5.L1ff Prcs!:JJJ.ruiQ.tL. MI·. Cowart reviewed the Application and confirmed that the Commission
did not wish to limh the loca6ons of recycling center~ solely to geographic zones. Staff
Rc<.:omr.1endations were reviewed.
Com. Adams questioned provisions made for pest co'.'.ltrol; Consensus reached to add a
statement to read, ''Sanitary control and pest control shall be maintained."
The Public Ii caring was tl;cn opened. There v•crc no spcake1 s.
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PLANNING corv1MISSION MINUTES Regular Meeting of August 10, 1987 Page 13
PC -525
ITEM 11 Contixi11t'd
MOTION: Cor.:. ~~Jaudy moved to close the Public Hearing SECOND: Com Sorensen VOTE: Pa..'>sc.d
MOTION: Com. Sorwsen mov-'d to gn1r.t a Negative Declaration SECOND: Com. CJ:::.udy
Varn: Passe.<l
5-0
MOTlON: Com. Adam:, 11,0ved w·rc<.:ommcnd approval of Application 81,025.66 with the ac'.jition of a provision requiring that sanit<try and pest control measures be
t.mint:ii 1eci SECOND; Com. Sorensen VOTE: ?aw:.d 5-0
OLD BUSINESS: None
REPORT OF THE PLANNING COMM[SSl~~~:
Com. Claudy requested information on a fo· rne::-&'!rvice station at Stevens Creek Blvd. and DeAnza Blvd.
He noted the use of tents to sell surf and ski equipment in the Mon ta Vista area. He questioned the number of signs displayed. at a local clinic.
REPORT OF THE PLANNING DXRECTOR:
Jv1r. Cowan reviewed recent decisions of the City Council.
DISCUSSION 0F NEWSPAPER CLIPPINGS: None
ADJOURNMENT: Having concluded its business, the Planning Commission
at·~Durncd at 11: J 5 P.M. to the next Regular Meeting of August 24, 1987 at. 7:00 P.M.
Respectfully submitted,
, I / ,
I ~!/_ I . / ' 1 / ".-,./ · · , '.'/'., -· · t«I
I / ,( l ) • 0 .I) '14 t. •• .Ji_1L_£4.l}Jk :PJ.1_ 7~ ,----ca. 01 A. Probst-Caughey, , Recording Sccn:;tmy / (/'
PLANNING COMMISSION MINUTES Regular Meeting of August 10, 1987 Page 14 PC -525
Approved by the Planning Commission
At the Regular Mee;· g of August 24, 1987 -r
'\ J I; J • "" --~~-.....J.,._~k Donald Mackenzie, Cha~j•u