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PC 11-09-87.. \ . 'i CITY OF CUPERTINO, STATE OF CALIFORNIA 10430 So. De Anza Blvd . Cupertino, CA 95014 (408) 252-4505 lli'Hl\'.UTES OF REGULAR MEETING OF THE PLANNING COMMISS!ON H:rt:LD ON NOVEMBER 9, 1987 Meeting Held in th~ Interim Council Chambers, 105(){J N. De. Anza Blvd. SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Mackcn?je Vice Chairwoman Sorensen Commissioner Adams Commissioner Claudy Commissioner Szabo Staff Present: Ro!Y~rt Cowan, Director of Planning and Development Steve Piasecki, Assistant Planning Director Mark Caughey, Associate Planner Charles Killian, City Attorney APPROVAL OF MINUTES: 7:00 P.M. MOT10N: Com. Sorensen moved to anprovc the Minutes of the Regular Meeting of October 26, 1987, as presented. SECOND: Com. Szabo VOTE: Passed, Com. Claudy a;Jstaining 4-0-1 POSTPONEMENTS OR NEW AGENDA ITEi\1S: ITEM 9, Application 14-U-87 and !5-EA-87: Continuance due to incorrect Public Notice. MOTION: Com. Claudy moved to Continue Application 14-U-87 and 15-EA-87 to November 23, 1987. SECOND: Com. Adams VOTE: Passed 5-0 WRITTEN COMMUNICATIONS: Letter from Deputy City f\ltorney Peggy Cocker, Re: Restrictions on Combined Use of Mi.'."li Market c.nd Gasoline Service Stations. ORAL COi\Hv'iUNICATIONS: None. CONSENT CALENDAR: None. PUBLIC HEAH.i:NGS: PLANNING COMMISSION MINUTES Regular Meeting of November 9, 1987 Page 2 PC -531 PUBLIC HEARINGS Continued ITEM 1: Applicadon No(s) Applicant: Propeny Owner: Location: Pan:el Are'l (Acres): 11.::.Tht:.B.L l&I.illJl.11..d Vivian Chenw;_ __________ _ SJU.ru; ··~~~~~~--~~~ NQnl.1lli'lJQ.mimJ.s..Q[_M.ri.1lnl! A v~.JJ..Q21lt\.<J.llil.mtl _,_:;.]_ TENTATIVE MAP: (17-TM-87) To subdivide one p<ircel iritO two parcels with lot sizes of 10,325 sq. ft. and 14,940 sq. ft. respectively. FIRST HEARING CONTINUED: ENVIRONMENT AL DETERWJlNA 110N: Categorically Exempt (CONTINUED FPOM THE MEETING OF OCTOBER 12, 1987) (fO BE HEARD IN CONJUNC110N WITH ITEM 2.) ITEM2 Application No(s) Applicant: Property Owner: Location: Parcel Arca (Acres): VARIAN CE: ( 4-V.-87) From section 7 .2 of Ordinance No. 1374 to reduce the required lot width from 60 ft. to 51 ft. at the front setback line. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categmically Exempt TENTATIVE CITY COUNCIL HEARING DATE: November 16, 1987. Staff Prescnt;ition: Mr. Cowan reviewed the Application; Staff recommended approval of the Tentative Map and Variance. However, concern noted reg<trding detemtination of rear and side yard property line; Staff Repo11, V, I~nJi1tive Ma12... B), 1--QLQcientatiQ.!l cited. AgplicmfillJ.:CS&D.t!!!iQ.Q;, .\1r. George Drysdale requested clarification of above information. Mi'. Many Zankich, 10218 Mrtnn Drive, Cupcninc, r,:"1ile.sted additional information. Mr. Bruce Wcnniger, 10298 M:tnn Drive, Cupcrtin0, a;ked that new construction be compatible \Vith the existing neighborhood; he cited privacy impacts of a two story house and suggested I.ha· \ 1cnnanent 10 1·t. high fence be ir.:>t:?llcd PLANNI;".;G COMMI$SION M17\UTES Regular Meeting of i';ovcmbc · 9, 1987 Page 3 · PC -531 ----------------·-·--- PUBLIC HEARINGS Conrinm·d Mr. Steve Ekovich, I 0266 Mann Drive, Cupertino, felt that a two story strncture would have a deuirnentnl effect on his peace and quiet; he objected to 11 variance if a two-story house were to be built. M0110N: Com. Claudy moved to close the Public Hearing SECOND: Com. Sorensen VOTE: Passed 5 .. 0 Com. Szabo had previously favored approval of the Tentative Map Applicariofl with an eascm~nt rather than a Oag lot development; the solution being proposed was acceptable. Com. Claudy noted th.it the Applicant Ind compliec with the Commission's requests and added that the use proposed for the propeny was reasonable. Com. Adams was not fovo· able to the Variance previously requested nor to the curr~nt Application; this sittu1tion resulted from the Applicant's desire to increase 1.he property value by a tor split. He did not feel that a variance was in order in t.h1s situation. Com. Sorensen was favorable to the Tenw.tive Map approval and the Variance requested; Chr. Mackenzie co11curred that t11c Applicant complied with the Commission's direction. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: ITEM3 Com. Szabo moved to recommend approval of Application 4-V-8"/ subject to conclusions and subconclusions of this Hearing per the Model Resolution. Com. Sorensen Passed, Com. Adams oppostd 4-l Com. Szabo moved approval of Application 17-TM-87 subject to conclusions and subconclusions of this Hearing per the; Model Resolution. Corn. Sorensen Passed, Com. Adams opposed 4-1 Application No(s) Applicant: . Property Owner: ' Location: 4-F,_,~C:_82____ . ··----. T !.lflLKli.ill.l_g__SJ!Jlk:-& ... A.fa.bln A rw1 . ._.ri __ _ ~.ll.C_ ------· S.C'!.Ut.ill.~kSJS...QnlrrJ,2£.Kuinbm..'LP.L...illill..SJ.illLTJ.U:lY~~ Parcel Area (Acres): ~ . EXCEPTION: (4-EXC-87 Requesting approval of an exception from Section 16.28.040.2 of the Fence Ordinance to c0nstruct a fcnc~ on a street side property line. FIRST HEARING ENVIRON!\1EN't'AL DETERMII\ATIOI\: Categorically Exempt PLANNING COMMISSION ViINUTES Regu~a.r Meeting of November 9, 1987 Pai::e 4 PC~-531 PC BUC HEARINGS Continued .5.1'.J.fID~nrn.ti.QJJ.;. Mr. Cowan reviewed the Application and noted that ASAC would have the authrnily to review fence design and la1Klscaping if the Exception wen; approved . .d.mili.Cillll.'..s.E~~ma.t:i.Qlh Mr. Warren Whaley, Representing the Applicant, cited an example of the stone to be installed and questioned the site triangle mentioned in m. }2.i.sg,J.lli.Qn A. !\fr. Whitten p10vidcd necessary infom1ation. i-.tOTION: SECOND: VOTE: Passed Corn. Claudy moved to close the Public Hearing. Com. Adams 5-0 l\fOTIOi-./: conclu~­ Model SECOND: Com. Sorensen moved .approval of Application 4-EXC-87 subject to ions and subconclusions of this Hearing and Staff Repon, per the Resolution · Com. Adams VOTE: Passed 5-0 Consensus reached that tlJ.e City Council Conditio.1 of Approval 20, Landscape Mainten- ance Agreement, and Condition 21, Landscape Wall, to be added to Conditions of the Exception. ITEM4 Application No(s) Applicant: Property Owner: Location: REZONING (8-Z-e7) From CG (General Commercial) to P (Planned De11elopmcr.t) with commercial intent USE PERMIT: (48-U-87 To construct and open.He a 37,000 sq. ft. expansion to an existing retail shopping center with related site improvements. FIRST HEARING ENVIRON1\1ENTAL DE·n:Rj\1INATION: Negative Dec!amrion TENTATIVE CXTY COUNCIL HEARING DATE: December 7, 1987 .s.tuiLP.n: . .J..Cll.tlll!.QD..;. Mr. Caughey reviewed the Application and ·iiscusscd the issues noted iu. the Staff Report under V) llis_P..i;.rn1i.Lh:rn . .c.s.~ architectural renderings were presented tO illustrate the suggested changes. Com. Claudy noted concern regarding the p;oposcd parking \O the rear of the buildings and cited a lack of use, sccuritv and ck~mlincss concerns: Com. Adams concurred and added that noise impacts to adjacent 1:csidential area.~ would aLo result. PLANNING COMMISSION MI1'.'UT2S Regular Meeting of November 9, i 987 Page 5 PC -531 PUBLIC HEARINGS Continued Chr. Mackenzie stated that mechanical equipment on the roof would have to be better screened to prevent nois'!: impacts to adjacent residences. Com. Szabo suggested a prohibition of restaurant/food retail use abutting the residential area. ~£;.fill.~1.ti.mk Mr. Lester Meu, George Mieu Architects Associates, addressed the following comments l.n reference to the recommended Conditions of Approval: . 16. InU:fi..c.J.rr~£t..Mitin.tiQll Applicants questioned whether installation of medians would mitigate traffic impacts cited the Barton-Aschman Report. Consultants felt that installation of a traffic sign<'l at Franco Ct. would interrupt traffic flow on Holmstead. allowing ingress/egress of driveways; Appiicants agr.:ed with this recommendation. However, they ctid not control property to the cast of the site a11d could not guarantee dedication of a left hand tum lane at De Anza Blvd. and Holmstead Ave. He· noted concern that a dedicatior:: of roadway might redu<.e their FAR 17. ~~_lIDQ~ Mi.tig;HiQ11 Applicants were not opposed to design adjustment<> recom- mended by Staff. In respons.e to Couu1li"sioner's questions, he stated that placement of buildings was due to marketing considerations; Comnlissioners Adams and Claudy discussed the safety and litter hazards associated with rear parking areas .. Alternative site plans were discusse..d. M.r. J.D. Vanderbeern, Real Estate Manager, provided infonnation on the T.J. Maxx Store and suggested some alternative designs for the building. The Public Hearing remained open. Com. Adams, while .favorable to the Applkation, reiterated concerns regarding rear parking ~nd aske<l that the Applicant address these concerns. · Com. Sorensen asked that a protected turn movement be installed on homestead Ave and that long range traffic impacts be considered. She cited concerns regarding noise 'impacts to t.1e adjacent residential area. · Com. Szabo felt that p<l!king to the rear was unaccepta1:Jk and required a projec::t redesign. Com. Claudy was favorable to the proposed concept; however, he objected to the rear parking area and noted that fencing of the area would not fully solve the safety problems. He felt that a traffic signal on Homestead Rd. wottld be required at sometime in the future. Orr. Mackenzie ccncurred, suggesting that Conditions .address these concerns. Applicants were <igreeable to a Continuance of the Application. MCJilON: 0Jm. Adams moved to Continue Application 8-Z-87, 48-U-87 a11d 49-EA-87 to December 14, 1987. SECOND: Com. Sorensen YCffE: Passed 5-0 PLANNING COMMI:'.iSION MINUTES Rcguiar Meeting of. November 9, ! 987 Page 6 PC -.531 ·----------------~-----------· PUB UC HEAR TNGS Continued ITE~1! 5 Application No(s) Applicmit· Property Own..:r: Location: Parcel Area (Acrr:s): 19...:ll::.8Ji1J.!"J..:m-}~-----. J.21.m'l F HID.lb~ Aud~Turu!..---·---------S1llJJ~~~Q1l..Q.-~.d.\J3JyL_ rum.tQlS.i!nl!Js:..lx..:>.OO_fi~CJ.Lalan~.Y...h..Y.IG.._ .Ll2~L Ll...1-.grru;_!i USE PERMff (<+9-U-87) To convert an existing commercial/warehouse building to office/commercial uses and to construct associated site and building modifications. FIRST HEARING ENVIRONMENT AL DETERMINA 110N: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: NOVEMlrnR 16, 1987 Sli!.ff£L,.~Qll;, Mr. Piasecki reviewed tl'.e Application; Staff recommended approval. A.rulli£i!ll.!.'..LY_r~!Jilj.Q!l; Mr. Daryl F11zekas, Archit~ci, reviewed the proposed improvements to the building and tk outside area. MOTJ:ON: SECOND: VO'TE: Com. Adams moveU. to close the Public Hearing Com. S:z.abo Passed MOTION: Com. Claudy rnoved the granting of a Negative Declaration SECOND: Com. Adams VOTE: Pas:;ed 5-0 5-0 f\1ITTION: Com. Sorensen moved to recommend approv.&J of Application 49-U-87 subject to the conclu~ions and subconclusions of this Hearing and Staff Report per the Model Re.solution. SECOND: Com. Admns VCJIE: Pas;:;ed rfEM6 Appfa;ation No(s) Applicant: Property Owner: !.,ocation: Parcel Arca (Acres): 5-() 3-V-87 ' . ·--~------~-----·--------·-s_r~12h~U~cJ1l<l!J1J!.~Ql)-·-·-----·-----··----··· ~J..;.1cm:. ___ ·---------·-------··-·------.. -----~-S_Q!.UlL~!f,__<o2.LCDD!~ni11QJ~_,_2EDro x in:w t e 1Y. 3 .m_ft._ }:3:'.r.\LQL(;1mncr1_Rd,__ ·-____ _ _._,1.1. rJLf.NNING COMMISSION MINUTES Regular Meeting of November 9, 1987 Page 7 PC -531 PUDLI<: HEARINGS Continued VARIANCE (3-V-87) From the side sciback requirements of the Rl (Single-family, Residential) Ordinance to pe1mit a 6 ft. and 10 ft. setback, respectively, for two second story de.des in lieu of the required 15 ft, setback. FIRST HEARING ENVIRONMENT AL DETERMINATION: C...ategorically Exempt TENTA'TIVE CITY COUNCIL HEARING DATE: Novembe1' 16, 1987. :'2.lllff..I?r~s~nta.1.i.QU.;, Mr. Piasecki introduced the Application and presented exhibits. He noted that the extraordinary circl!mstances requirea for a variance had not been dem- onstratec~ Rather, the Applicant. feh that a variance would be justified based on aesthetics; in addition, they felt that there would be little impact on adjacent neighbors. Staff did not recommend a~proval of this Application. ~l~:£fu~l\tigm Mr. Steve Thompson stated that the eimaordinary circumstance was the flag lot to the rear of hi!> property; he noted the support of neighbors surrounding the property and felt that a greater determent would result from installation of additional windows on the far right side of the property. Mr. D. Cumming, 21150 1rcnola Dr., Cupertino, was in support of this Application. Mr. Thompson noted that a neighbor had a balcony similar to the one being proposed. MITTION: Com. Claudy moved to close the Public Hearing SECOND: Com. Sorensen VOTE: Passed 5-0 Com. Adams stated that he could not justify this re.quest; other Commjssion concurr~. Com. Claudy noted that he could not make the following Findings: 1) There were not extrnordinary circumstances or conditions; the 25 ft. corridor adjacent t.o the App!icant's property was not applicable to his property. 2) Substantial property rights (i.e., the building of th<": hou!le) were allowe.d Chr. Mackenzie concurred; however, he suggested that this issue be addressed in a review of the R l ZAming Ordinances. MOTION: SECOND: VOTE: Com. Claudy moved to deny Application 3-V-87 per conclusions and sub- conclusions of the Hearing and Staff Report, making the Findings as state.1. Com. Sorensen Passed . 5-0 PLANNING COMMISSION MINUTE.:: Reg1.i!ar Meeting of Novemlller 9. 1 S37 Page 8 PC -531 PUBLIC HEARI:\GS Continued ITEM7 Application No(s) Applicant: Property Owner: Location: TENTA11VE MAP: (22-TM-87) To subdivide l parcel into 16 pllrcc:ls with lot sizes ranging from 7,500 sq.ft. to 9,500 sq. ft. FIRST HEARING ENVIRONMENT AL DETERMINP..TION: Negative Declaration TENTATIVE CITY COUNCIL HT~ARING DATE: November 16, 1987 S\af~entati.Qo.~ · .t ·. '-.:ow;m handed out a Report on the Trees presented by the Applicant on Novemb1!r 6, I%? ,, . :d reviewed the Appli:.;ation. He noted concern regarding preservation of 0; .. ; tree <1s cited in Staff Report and 5.ugg'!sted consideration of a recr•:, f; guration of lots. fL suggested Conditions of Approval, 16. Tutlm1e1<tion, be rcwo•rc'.cd to allow removal of some of th<~ trees cn;.-site. · fil1']iqmt'.LPEA!llfiliQ[l: Mr. Marvin Kirkaby, Civil Engin::c~:. asked to be allowed to rernove ar,y tree ner:cssary, with exception of the Oaks. He reviewed the Tree Plan and presented an exhil ·i• showing lot lines reconfigured to preserve the Oak trees. Questions addressej by the C,-mmi~ :;Ion were answered. lvir. Richard Olive:-. ::'ividend Development Corporation, noted that t;:·:· :Jak trees were a significant a:~ ·:t to the site and they desired w preserve and enhwce these trees. Mr. f. rt Reed, 10990 Maria Rosa Way Cupertino, suggested that if Lot 17's easte.rn oour d~ :-y had a walk for students, they would not have to walk around the block. Mr. BiH Wilson, 10970 Maria Rosa Way, Cupe11ino, noted traffic problems from studen!s; he asked that the tree on hot 15 be preserved ;:md suggestoc a redy.ction in the number of lots. Ms. Susan Maki, 21762 Columbt;.: Ave., Cuperti;,o, noted concern rcg;irding the trees, cited tlh~ history or the property and rr;t:iuestcd consideration of the cnvuonmt:nt.aJ impacts. Mr. E.J. Ford, 10953 Wilkin<;on Aw .. Cu,:·:xtino, reviewed history of the Cali property and cited traffic problems from h1i;h !:: .. 11001 ~iut1~:::\s; he favored a pedestrian walk way and asked that the number of lots be reduced r.o e .. .,;e preservation of the trees. Ms. Wendy Sn~ith, 10933 Wilkinson /\".'c., Cupertino, questioned compatibility of the new development \vi th the neighborhood and cited existing traffic impacts. PLANNING COMMISSION MINUTES Regular Meeting of November 9, 1987 Pagc9 PC -531 PUBLIC HEARINGS Continued Ms. Suz:anne Ford, 10953 Wilkinson Ave., Cupertino, disagreed that houses in the area were primr.rily two-story; she reql.!estcd informi'ition on traffic counts and cirainage. Ms. Susie Lu, 10873 Wilkinson Ave., Cupertino, cited ctirrent traffic problems, questioned the trip count and noted traffic irnpacts fro-m the prop'Jsed project.. Mr. Reed suggeste,d that thi& development be built in a po11ion of Linda Vista Park and a portion of the site in question preserved. Mr. Kirkaby responded. to questions on drllinage and storm drainage. Com. Claudy suggested that in order to save the Oak r.rees, the number of lots \VOuld have to be reduced to 14 lots. Mr. Ford asked that a resolution be found to the heavy traffic, the building of large houses incompatible with the environment and the preservation of the trees through « compromise limiting the number of lots, i-;aving the trees and installation of a pedestrian walk way on this site. Issues summarized by the Commission as: Redesign of the project by the Applicnm Council be approach<".d to consider the possibility of a park linking Mari;1 Rosa and Rosario Mr. Oliver asked for a decision on the Tentative Map Application at this Hearing. MITTION: Com. Claudy moved to close the Public Heari.ng SECOND: Com. Sorensen V01'E: Passed 5-0 C0m. Clai;dy noted that while the proposed residential use of the site was appropri.ate, lot siz.e in confonnity with the surrounding area and the trip count reasonable, he would recommend denial of th.;; Tentative Map Application, due to the significance of the trees and the inadequate protection provided. The Commission recommended the creation of a park or a reduction in number of lots. C:om. Adams added that the pa.rk would allow for adequate protection of the trees. MOTION: Com. Claudy moved the granting of a Ne3ative Declaration SECOND: Com. Adams VOTE: Passed 5-0 MOTION: SECOND: YO'm: Com. Claudy moved to recommend denial of Application 22-TM-87, making the Findings that trees on site represented a significant asset to the city and trere was inadcqnatt: protection for thern, that the design of the propo~;ed sub- division and the size of the lots were such that it was likely to cause a signif- icant irnpact on the existing C1;:ik trees. Com. Adams Passed 5-0 ,; 1 " PLANNING COMMISSION MINUTES Regular Meeting of November 9, 1987 Page 10 PC -531 PUBLIC HEARINGS Continued ~v10TION: Com. Claudy moved to send a Minute Order stating that the: reason for denial of a Tentative Map Application was inadequate protection for the Oak specium trees, which were a significant asset to the City. Commission recommends a Cali Family Park to be installed between M11ria Rosa, Rosario and Wilkinson, eliminating two lots, providing a linkage to the adjacent .school. Should this not be approved, the Commission recommends that the number of lots be reduced by two. SECOND: Com. Adams VOTE: Passed 5-0 Break: 10:04 -10:15 P.M. ITEMS Application No(s) Applicant: Property Owner: Location: TENTA11VE MAP: (23-TM-87) To subdivide 1.3+-gross acres intc 4 parcels. FIRST HEARING ENVIRONMENTAL DETERMlNKilON: Previously Assessed .Slilif Prc~l:ntatign; Mr. Piasccl\i reviewed the Appl,ication and noted thm Staff nxommended approval with modification of Condition 14. Ri;.di..gillg_nfJ.lilirwa1an~ second paragraph to read, "The developer shall provide a maintenance easement in favor of the City of Cupenino for that portion of Lots 1-5 comprising the easterly slope as deemed appropriate by the Director of Public Works .... " Last paragraph, add," ... subject to Staff approval." /\ppljcaJll~&l.lH~~ion_;, Mr. Jim Van Houton, Civil Engineer, was available for questions. Mr. Bob Hoxsie, 22337 McClellan Rd., Cupertino, questioned whether plantings would be cover the crib lock retaining wall. Condition 14, add "include a plant covering of the wall..." MOTION: Com. Sorensen muved to close the Public Hearing SECOND: Com. Adams VCYTE: Passed 5-0 MOTION: SECOND: YOTI2: Com. Szabo moved approval of Application 23-TM-87 per conclusions :ind su bconclusi(1ns of the Hearing and Sta ff Report. Conditions 1-13; Condition 14, second paragraph to read, " ... for that portion of Lots 1-5 comprising the easterly slope as deemed appropriate by the Director of Public Works ... " Last paragraph 10 read, "Landscaping shali be installed and include a plant covc:ing of the wall..." add to end subject to Staff approval; Conditions 16. Com. Adams Passed 5-0 PLAf'..'NING COMMISSION MINUTES Regu~ar Meeting of November 9, 1987 Page 11 PC -531 NEW BUSINESS: . 0 ITEM 10 Request to rezone ARCO station on Foothill Blvd. and Silver Oak way to a more restrictive com~rciaJ use. · ' .s.trul.Er.~I.\1i.lliQD.;. Mr. Piasecki re"iewed the Request and the Staffs assessment. ~111.'.a.fu~.un;. Mr. Larry Loo reiterated concerns regarding the ARCO Station at Foothill Blvd. and Silveroak Way and requested information on procedures addressing spot zoning in a residential setting. Commissioners reviewed necessary procedures; dete1mination made by the Commission not to take action Qn this request at this time. ITEM 11 Code Enforcement Report -Possible code violations on Garden Gaw Dr. Mr. Cowan reviewed the Staff Report. OLD BUSINESS: None REPORf OF THE PLANNING COMMISSION: Com. Sorensen thanked the Reporters of ''The Voter for an article on tlie Planning Commission. RZPORT OF THE Pl.ANNING DIRECTOR: Wdtten Report submitted DISCUSSION OF NEWSPAPER CU.PPINGS: None ADJOURNMENT: Having concluded its businc:;s, the Planning Commission adjourned at 10:45 P.M. to the.: next Regular Meeting of November 23, 1987 at 7:00 P.M. ' Respectfully submitted, ) ' .-' -JrivLL:~r;:;.~_Lk,.t,!!f~ Carol A. 'Probst-Caughey, ' ' Recorr.ling Secretary / (,' I ;/ ~· I . . ;, PLANNING COMMISSION MINUTES Regular Meeting of November 9, 1987 Page 12 PC -531 Approve..d by the Planning Commission At the Regular Meeting of November 23, 1987 <---, j' l -, ~--1s .. "" -~~---·----Donald Mackenzie, ChtJ:-;·,an ____ , __ _ I' I, • . . ~. l' 1 t ",•, ~' " " {