PC 10-12-87CITY OF CUPER'PNO, STATE OF CALIFORNIA 10430 So. De Anza Blvd.
Cupertino, CA 95014
(408) 252-4505
MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 12, 1987
Meeting Held in :he interim City Hall, 10-130 S. De. Anza Blvd ..
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Mackenzie
Staff Present:
Vice Chairwoman Sorensen
Commissioner Adams
Commissioner Claudy
Commissioner Szabo
Steve Piasecki, Assistant Planning Director
Mmk Cwghey, Associate Planner
Travice Whinen, As:;istant City Engineer
Peggy M. Cocker, Deputy City Attorney
APPROVAL OF MINUTES:
7:00 P.M.
MOTION: Com. Sorensen mowd to approve the Minutes of the Regular Meeting of
September 28, 1987, as presented. SECOND: r'0m. Claudy
VOTE: ~1 US$Cd, Cor.i. Adams absent 4··0-1
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 1: Application 37-U-87, Eggroll Fantasy, Inc.
Staff requested removal of Itcn 1 l due to lack of infom1ation.
ITEM 2: Application 3H-U-87, Byer/Eggroll Fantasy
Staff requested removal of Item 2. due to lack of infonnation.
MOTION: Com. Claudy moved to remove Items l and 2 from the Calendar SECOND: Com. Sorensen
VOTE: Passed, Com. Adams absent 4-0-1
ITEM 3: Application 43-U-87, Kosich Construction Company, Inc.
Applic;mt requested withdrawal of Application.
MOTION: Com. Claudy moved to withdraw Item 3 from tre Calendar
SECOND: Corn. Sorensen
VOTE: Passed, Com. Adams absent
-I -
4-0-1
PLANNING COMMISSION MINUTES
Regular Meeting of October 12, 1987
Page 2
PC-529
---------~ ----------·-------··-~· .
WRITTEN COMMUNICATIONS:
Letter from the H;mis' regarding Orchard Valley Market Place
MOTION: Com. Claudy moved to place Orchard Valley Market Place on the Agenda
SECOND: Com. Sorensen VOTE: Passed, Com. Adams absent 4-0-1
ORAL CO:t1MUNICATIONS: None
CONSENT CALENDAR; None
PUBLIC HEARJNGS:
ffEM4
Application No(s) Applicant:
Property Owner: Location: Parcel Area (Acres):
JJ.:IM..:B.1__ . ---------
~ii.1.rn.lY..iJ:ji1.J1.Clls,';.n.1.;y,_ ___ , S.nmc_ -l.0221..A<.iriilllil..A..Y.hJJll.!:. _________ _
.....2.8...
TENTATIVE MAP: (17-TM-87)
To subdivide one parcel into two parcels vvith Jot sizes of 10,325 sq. ft. and 14, 940 sq.
ft. respectively.
FIRST HEARING ENVIRONMENTAL DETERMHJATION: Catcgoiically Exempt
Sliifl.fuo.S~.1.a.l)..Qn.;, Mr. Piasecki presented the Tentative Map and stateu that upon initial review of this Applicatiou Staff understood that there was no option except to utilize an
casement in order to subdivide the property; however, upon further review it had been
determined that Applicants could subdivide an lg ft. ownership access con-idor to the back
parcel and still meet miJ1imum lot size in this R-1-10 zoning district A variance application woui•l be necessary to allow reduced lot width, however.
Staff suggested consideration of a variance procedure due to the irregular shape of the site, the limited property frontage and the smaller 1ot widths of the adjacent neighborhood. He
noted that only one other instance of allo~·, ing an easement on the Valley f1oor existed.· Staff
rec0mmemled a Continuance to allow the Applicant to file a variance application.
Com. Adams present at 7:06 P.M.
Ms. Cocker clarified the legal ramifications of property easements. Com. Claudy questioned the setting of precedent for adjacent parcl'.ls whic.h were very long and narrow. Iv1r. Piasecki
stated that such was the reason that an ownership access corridor was being recommended;
this propeny owner could made the saml~ <u-guments when subdividing.
.,
PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1987
Page 3 PC-529
PUBLIC HEARINGS Continued
Aru2.likJ!Jll.'..LP~.s..~ Mr. George Drysdale, Representative of _the Applicants, requested consideration of•·-~ Appiication as originally proposed. He noted the time and
money expended in filing this proposal and que<;tioncd the rational for requiring a variance.
The Public Hearing was then opened.
Mr. Jed Paz, <.idja1,;ent property owner, addressC'..d questions regarding development; Mr. Piasecki reviewed flag lot requirements, s•;tbaclr.s and R-1 zoning. Mr. Paz noted concern
regarding invasion of privacy from the sutxlivision of this parcel.
Mr. Bruce G. Wcnniger, 10298 Mann Dr., Cupertino, noted concern regarding the
presence of new residents 20 ft. away froni his property and resulting privacy impacts.
Corn. Claudy noted that disr:ussions were bdng 5chedule.d on the topic of infill lots; he
favored an easement for the front lot with ownaship going to the rear lot; thus ensuring
fror:!'1ge on a public street. I k wJs not in favo~ of approving this Application as submiucd.
Com. Szabo noted thi.!t two-stor:/ homes were consrmcted on infill lots in existing one
story neighborhoods. He disagreed with the abov<.~ comments a11d felt that easemen.ts
worked •veil; even if difficulties arose, the City should not intervene. Com. Adams was
not in favor of a variance.
Com. Sorensen agreed with Com. Claudy's comments. Chr. Mackenzie concurred with a
\.ariance application, :favo1ing ownership aco:ss of the rear propeny to th~ public street.
Mr. Drysdale objected to the cielay, even though there was no added financial cost. He
agreer! co a variance although he did not unlkrstunc the benefits to be derived from such.
The Public Hcari:1g rema;ncd open.
MOTION: Com. C!audy moved to continue Application l 7-TM-87 to November
allowing the Applicant to submit an application for a variance.
SECOND: Com. Sorensen
VOTE: Passed, Com. Szabo opposed
ITEM 5
Application No.(s)
Applicant:
Property Owners:
Location: Parcel Arca (Acres):
1.Fxr-x7 . ·-· -~ ~--------------------------.cb.ill.t.L_ill_ ____ ··-----------------.5.mru;_ _____________ _
SD.ulli.~d.L!.!.LSJi:.yi;:_r15-C1J:_~kJJJ v r.LiJL2.DLQ.25.imrum_
lQUJL~lL'!.U:J_C:.ill.IJJS:D.l~l..Jl I ? 2.2.11...0JJiJJM:.InQ U
9, 1987,
4-1
EXCD)TION (2-EXC-87) From Ordinance :'10. 686 to allow a fence to enc.10ach
into the public right-of-way along Steven'> Creek Boulevard.
FIRST HEARING:
ENVIRONMENTAL DETERMINATION: <:atcgoricaliy Exempt
;'.-
;f·,:
' i
PLANNING COMMISSION MINUTES Regular Meeting of October 12, 1987 Page 4
PC -529
PU.DLIC HEARINGS Continued
S.~'iC.lll.1.!.i_un;_ Mr. Caughey noted that Staff had asked that the Application presented earlier this year be withdrawn pending tre City Council's decision on retention of the
existing right-of-way on Stevens Creek Blvd. The September 21, 1987 decision of the
Council was reviewed. This Application has since been reactivated.
He presented two sc~ts of Findings: .cril.ffi.i.L.Em Ecoc~ ... E.i.>.£~.liml and .Cj.t,~rl!.i4.ill. Staff recommended approval. In Conditions of Approval, he noted the following:
· "2. ~tlJ.~il!ht S~lba&;k Lim.ililliM. Staff suggested modification of applicable criteria to
allow the matching an existing corner fence; too literal an interpretation of the cdteria
may result in too great an offset between the existing ~·ence to west and the proposed
fence.
;;, CQ.~1~ Staff asked that the Applicant record a covenant as stated .
.6Jw.fu;J.Ul.t.'.s.En:.:£ .. Cil1Utkln.;. Mr. Chau Lin stated that it did not make sense to tear the existing
fence down.
The Public Hca.Iing was then opened.
In response to a question from Ms. Elizabeth Johnson-Mann, Mr. Whitten provided
information on encroachment permits required for erecting a fence. She noted that the fence
·as proposed would encroach on her property anti that there was a lawsuit pending on this
situation.
Mr. Lin stated that he would not r.rect a fence if it encroached on another's property.
Com. Adams asked that unifonnity in fences be required to enhance the 1'trcct's appcaranc1: ..
Com. Claudy noted the unsightliness of fencing at the crest of a hill which had no land-
scaping; he was unfavorable to a fence 10 ft. back from the hill and favored a 20 ft. setba~k.
Com. Szabo suggested requiring fr.:ncing of similar, attrnctivc materials, placed perpendicular
to the existing fence. Com. Sorensen concurred with Corn. Adams' comment.
MOTION: Com. Sorensen moved to close the Public Hearing
SECOND: Com. Adams
VOTE: Passed 5-0
Consensus reached on the uniformity of a fence; subsequent requests for an exception to erect a fence would be requinJ to confonn to the concepts established under this Application;
fences to be placed perpendicular to !he street
Com. Claudy reiterated his request that the fence be 20 ft. from the top of the slope, giving
significant usable space to Mr. Lin and providing a better visual clement for the City. Com.
Adams and Sorensen concurred.
Mr. Caughey summarized changed in Conditions of Approval of the Model Resolution.
~~ .~r~~ ~~~&~~~ .. ~~~~~~·· ;i .
!.··'l~.;1 ;.--!.
··~. -
~l.~ ·~
·.,1:.· ; ... }
,I.,~
.~ . . ! •.
'·
I .. ~., ~'.
:.1'
PLANNING COMMISSION .MINUTES
R~gular Meeting of October 12, 1987
Page 5
PC -529
----------
PUBLIC HEARINGS Continued
MOTION: Ccm. Claudy moved approval of an exception to Ordinance 686 to allow a
residential fence to encroach into the public right-of-way, Condition 1;
f":ondition 2 to read, "The subject fence shal.1 not exceed a height of six (6) ft.
The fence shall mailltain a setback of twenty (20) feet from the top of slope, as
generally described as parallel on Staff Infommtion Exhibit. Said fence line set-
back shall be st;tked in the field and shall be subject to inspection and approval
by the City Engineer prior w comaruction. Side fence line shall remain per-pendicular to the gcncntl direction of Stevens Creek Blvd; Condition J.
MOTION: Com. Claudy moved to reopen the Public Heating
SECOND: Corn. Sorensen
VOTE: Passed 5-0
~1r. Lin stated that a 20 ft. setback would not be worth his time to move the fence nor
would it solve his problem; the proposed knee !ine would not match his lot.
Mr. Caughey noted that by requiring a perpendicular area, the applicant would not be able
to build the ferice ~mtil an adjacent fence was detennined to be legally constructed; if a
pem1it had been issued, the appli1:ant could dt:viate from the setbacks required.
MOTION: Com. Claudy moved to dose the reopened Public Hear:.ni; SECOND: Com. Adams VOTE: Passed 5-0
MOTION: Com. Claudy amended, to add, "The encroachment lines onto City property
lines shall be parallel to the eastern and western property line and on the west side it shall
extend following the property line out to the 20 fc. line and on the east side it shall extend
parallel to Ll-ie easterly propcr!y line starting at the easternmost ;'oint where subject property
<U1d City property are contiguous" and "The fence shall bi: of an attractive construction
other than b<Jards; the existing northerly fence along the subject prop..:ny is an example of an acceptable construction mode."
SECOND: Com. Sorensen·
VOTE: Passed, Com. Szabo opposed 4-1
Com. Szabo noted for the record that he votc<l against the Motion since.he favored the 10
ft. setback in order that the City would not have 10 maintain lhe additional l<md.
ffEM6
Application No.(s)
Applicant:
Property Owners:
Location:
Parcel Arca (Acres):
1.I::lL:JiLillll.L::lli.:.E.8..::.8.L _________ ._ .
Millliwi_Q.1.:_y_c.kum.1CJ.1 t _ Muffimi..GrQ1ULllL.CQmQJ.\11kL _____ , __ _
S.QJ.WUY.~l_Q.ll1t~ilJ.QillC1il<dJ.d .. E_d..._1ill~LNQJ1b __ _ lk_8JlZ.i1JJ1YJ.i. _ _.hl
· ..•.. , .. ~~ ::i
~i '·' !·:
~~· ,,
')· PLANNING COMMISSION MINUTES
Regular Meeting of Ocwber 14, 1987
Page 6
PC -529
PUBLIC HEARINGS Continued
USE PERMIT (4·7-U-87) To operate a 3,000 sq. ft. 24-hour convcr.icnce market within a propos~d 7,000 sq. ft. commercial building.
FIRST HEARING:
ENVIF.ONMENTAL DETERMINATION: Ncginive Declaration
;Jtaff Prksent.ati!m.:. Mr. Piasecki reviewed the Application, Site Map and exhibits; issues
raised by ASAC were reviewed. He _stated that the applicant was agreeable to:
Entering into reciprocal ing1°ess/egress easements wirh propenies to' the south and west
Adjusting rhe setback of the building
The other major issues V;;:re environmental, namely:
Traffic considerations due 10 request to operate as a 24 hour convenir.nce store. Extra-
ordinary Use Policy discussed Noise; Noise Report was summarized
.AJ:w.li.GUll.'..s....P..rumt.ill.iQ.O.~ Mr. Dav<:: Stark, Rodriguez Associates, reviewer! the design
concept for the prop.)scd structure. He noted the desire of the City 10 make this site a
secondary gateway to the City and noted the siting of the building, landscape plans und
design elements used to accomplish this objective. l le stated that the colors chosen were to
represent the Spanish/Mexican heritage of the area and reviewed proposed exterior lighting.
Mr. John Dclmare, Project Manager, provided infornwtion on a maintenance access wny to
tl.e building rear.
Mr. Kenneth Rodriguez, Architect, provided infonnation on security concerns of retail
establishments and suggested building features and landscaping be used to address these concerns. Corn. Claudy suggested the addition of lighting to the rear portion of the building.
MOTION: Com. Claudy moved to close the Public Hearing
SECOND: Com. Adams
VOTE: Passed 5-0
Com. Szabo noted the bleakness of the rear ar.d side building walls; Com. Claudy· commented that the building had some intcrcsiing architectural element·;. He favored
approval of the Application with further review of cul ors by ASAC. Corn. Son:nsen objected to the proposed colors which she felt were rcminisct~nt of Los Angelus in the l 920's.
Com. Adams was favorable to this building at the proposed location, the architectural design
and to the addition of lighting on the west buildinr;. He concurred with the recommendation
for further review by ASAC. Chr. Mackenzie suggested a prohibition of white lighting and
favored further review by ASAC.
!\fr. Piasecki reviewed recommended Conditions of Approval and noted the caveat on the 24
hour use; Mr. Delmare objected to such on the grounds that the prospective tcn;mt for the 24
hour market would nm sign a lease.
PLANNING COMMISSION MINUTES
Regular Meeting of October 14, 1987
Page 7
PC -529
PUBLIC HEARINGS Continued
Consensus reached by the Commission that a sentence be added, to read, "The
Commission will review all means of resolving prnblerns short of restricting hours of
operation. Any such restriction of hours of operatirn would be used as the last resort."
Mr. Delmare was agreeable to this solution.
M0110N: Com. Adams moved the granting of n Negative Declaration
SBCOND: Com. Sorensen
VOTE: Passed 5-0
M01'ION: Com. Szabo mov•;d approval of Appiication 47-U-87 subject to concl.usions
and subconc!usions of the Staff Report and this Hearin!;\; Conditions of
Approval per the Model Resolution, as amended.
SECOND: Com. Sorensen
VOI'E: Passed 5-0
Break: 9:05 -9: 18 P.M.
NEW BUSINESS:
ITEM7
Application 7-M-87 -SRI Services ·· Planning Commission interpretation of a
minor amendment for Application 3-U-87 . u .
.S.lllff Pre~c.nrnJ.iQil;. Mr. Caughey reviewed the Application and presented a site plan; he
noted concern that the proposed changes would have a net effect of raising the actual floor
space avai!ablc for marketing operations. Thus Staff recommended. denial of.a minor
amendment with the direction that the Applicant apply for a formal Use Pennit amendment.
L\J.1ru.i~UJ.Ls..£r~n.tru.i.Qn;. Mr. Sam Rao, Applicant, reviewed the proposed changes and
stated that some of the increased Ooor space would be: used as a self service area. He noted
the desire of the Applicants to relocate the office area on the second floor and felt that this
design would be within FAR limits.
Mr. Caughey responded by noting the cumulative impact of the '/arious changes proposed.
Corn. Claudy noted that the storage area as proposed would eventually require and
accessory structure for ease of access and availability.
MOTlON: Com .. Claudy moved tlMt the proposed changes to the Use Permit 3-U-87 did
not constitute a Minor Amendment.
SECOND: Adams
VOTE: Passed 5-0
PLANNING COMMISSION MINUTES Rcgu!ar Meeting of October 14, 1987 Page 8
PC -529
PUBLIC HEARINGS Confinued
ITEM8
Applicatkin 8-~·1-87 -City of Cupertino Community Center -Discussion on the pro-· posed community center expansion. The property is located within Memorial Park.
Sl.;.\([ Prcs1:0.lill.i.QJ1.:. Mr. Caughey presented the Stuff Report and reviewed QJm~aLelrui
CQDUs~ A) Neighborhood Context and B) Pnlicy Analysis; with regard to the
Environmental Assessment, issues of A) Noise ami. B) Traffic were summarized.
Mr. Burt Vidovich, Director of Public Works, presented the Traffic Exhibit and reviewed traffic generation patterns; he concluded that there would be no significant traffic impacts.
Ms. Sandra Coolidge requested further information on traffic patterns; information on
additional traffic mitigations for the neighborhood and scheduling alternatives for the Community Center activities were provided.
Mr. Steve Dowling, Director of Parks and Recreation, asktd the Commission's consideration of the ERC requirement on use of a patio area on the south side of the building; he suggtsted various design elements to allow use of this area during schedu!.i:d fonctions wir.hout impacting the adjacent neighborhood. ·
Ms. Pamela Anderson-Bruk, Pr0jcc1 Designer, presented alternatives for consideration in evaluating rhe use of the pat.io area.
MOTION:
SECOND: VOTE:
MOTION:
of
SECOND:
VOTE:
Com. Adams moved the gran:ing uf a Negative Dl.'.cl;uation Com. Sorensen
Passed 5-0
Com. Sorensen moved for a n:commen.:lation finding consistency with the City Cupertino General Plan for the proposed community center building and final
phase addition to Memorial Park.
Com. Claudy
Passed 5-0
OLD BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
Com. Adams aske~J alx1ut the 'l l.'.xaco Station ut Stevens Creek/De Anza Blvd.
Com. Claudy requested information 0;1 a Shell Station at Stevens Crcek/Dt~ Anza Blvd;
an accessory structure was noticed. Staff will investigate. Cum. Szabo questioned the use of the Mariar:i Property on Saratoga-Sunnyvale Rd.
! le suggested the Commission's considr.:ratiun of creating a city-approved list of
consultants testifying before the Corrnni~;.sion; Staff will further invesrigate.
Chr. Mackenzie questioned the outdoor sales ;1c1ivity occurring at the surf shop in the Monta Vista area
,.,P
'" .(
PLAN>:ING COMMISSION MINUTES
Regular tv1ccling of Octo~r 14, 1987
Page 9 PC-529
·--------·----··---
REPORT OF THE PL.\NNING DIRECTOR:
Written Report subm1<tcd
DISCUSSION OF NEWSPAPER CLIPPINGS:
None
ADJOlJRNMENT: Having concluded its business, the Planning Commission
adjourned at 10:27 P.M. to the next Regular Meeting, October 26, !987 at 7:00 P.M.
Respectfully submitted,
__. ______ _
Carol A. Probst-Caughey,
Recording Secretary
Approved by the Planning Commis~ion
~~egular ]1eeting of October 26, 1987
~~/_~_J,_,,, -~--A~>,--~--·--Dor1:ud tvfickenzie, qairman
Attcsr:_/,.,.___.-,i
/ I / / /. ; ,-I I / --, // / . // . J:_,!_:::_~~''_0_:L__L_·;,/•( Cit:<-.;>
Dorothy Cofelius, City Clerk