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PC 11-23-87--· CITY OF CUPERTINO, STATE OF CALIFORNIA I 0430 So. De Anza Blvd. · Cupertino. CA 95014 (·f08) 252-4505 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON NOVEMBER 23, 1987 Meeting Held in the Interim Council Chambers, 10500 N. De. Anza Blvd. SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: ChaimJ.an Mackenzie Siaff Present: Vice Chairwoman Sorensen Commissioner Claudy Commissioner Szabo Robert Cowan, Director of Planning and Developmi!nt Steve Piasecki, Assistant Planning Director Mark Caughey, Associate Planner Travice Whitten, Assistant City Engineer Peggy M. Cocker, Deputy City Attorney APJ:>HOVAL OF MINUTES: 7:00 P.M. Chr. Mackenzie asked that the Motion on Application 4-V-87 be amended to read, 4-1; on Page 4, statement to read, "Consensus reached that the City Council Condition of Approval 20, Landsc,;pe Maintenance Agreement, and Conditwn 21, Landscape Vv'all, to be added to the Conditions of the Exception." MOTION: Cc:rL Sorensen moved approval of Minutes of ttc Regular Meeting of November 9, 1987, as amended. SECOND: Com. Claudy VOTE: Passed 4-0 POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS: Letter from the ~cnnedys regarding ~he DcAnza Racquet Club OHAL COMMlJNICATIONS: None. CONSENT CALENDAR: None. PUBLIC HEARINGS: PLANNING COMMISSION MINUTES Regular Meeting of November 23, 1987 Page 2 PC -532 PUBUC HEARINGS Continued ITEM 1 Application No(s) Applicant: Property Owner: Lcx:ation: Parcel Area (Acre~): USE PERMIT: (14-U-87) 1 To construct a 5,200 sq. ft. commercial/office addition to an existing commercial build- ing, to demolish an existir · 6,000 sq. ft. commercial center, to construct a new 25,000 sq. ft. commerciaJ/office l.wilding, and to coustruct asso<.::iated par.king and landscaping . modifications. FIRST HEARING CON'DNUED ENVIRONMENTAL DE1'ERM!NATION: Negative Declaration TENTATfv'E CE'Y COUNCIL HEARING DATE: December?, 1987 (CONTINUED FROM THE MEETING OF NOVEMBER 9, 1987) S,taff Pre2<._'11.!il.iQn;. Mr. Piasecki reviewed the history of this Application and presented a site map. He Sllmmarized Staff Report, VI., Plan Revi.sii:>Jl!i. and VII., ~fL::.J:!2p~ite, Qru:wtional 11od Architectural M.odification~ Staff asked that proposed architecture be reviewed by A.SAC; Staff noted concern regarding the amount of activity fostered by the bar/restaurant uses on-site and recoriunended: Nite Cap, current hours of operation (6:00 A.~v1. -2:00 A.M.) acceptable Hamasushi Restaurant: Limitation of hours of operation to 6:00 A.M. to 11 :00 P.M. Prohibition on entertainment of any kind. Village Gent: Conversion to a sandwich shop with beer and wine service Prohibition of stand-up bar Limitation o~ hours of operation to 6:00 A.M. to 11 :00 P.M. Prohibii.ion on entenainment of any kind. In response to Com. Sorensen's question, Mr. Piasecki reviewed ingress/egress of the site; Staff felt that the Applicant had addn~ssed concerns previously raised . . 8imlicant's !:ri:_1ent<Ui.on,;_ Mr. Gary Schmidt, Principal, confirmed that trc Staff Report had been reviewed by other property owners. ApplicMts had no objection ~.o conversion of the Village Gent. Parking ratio wou!J then be 1 :4, which would account for 7 spaces of the parking deficiency; credit for 5 bicycle srnlls would result in an excess of 2.5 parking spaces. Mr. Paul Gc,odly, President of Brenda Ct Homeowners Association, noted the following: Lack of notification cf I-Iea.:ings until complaints were made by residents Existing traffic impac1s; concern expressed regarding any increased uses in t.his area 4 businesses ciispensing aicoholic; beverages in a 4 acre site; 7 such busi~1esst:s in a 500 ft. radius. lk cited noisf,, disturbance ar.d problems for the adjacent residential area. · ?LANNING COMMISSION MINUTES Regular Meeting of November 23, 1987 Page 3 PC-5~2 PUBLIC HEARINGS Continued Ms. Marilyn Howard was favorablr. to site improvements proposed; she added that the Stevens Creek Blvd./Blaney Ave. intersection was a serious traffic hazard to the school children and asked that Blaney Ave. ingrc,".s/egresr areas be clearly marked. Mr. Piasecki cited the detailed Traffic Report on file; repor~ fi!ldings were .-eviewed. M0110N: Com. Claudy moved to cl;Jse the Public Hearing SECOND: Com. Sorensen VOlE: Passed 4-0 Com. Chrndy felt that concerns of the Commission had !en addressed; Com. Sorensen concurred and noted that thi!' area has several very popular bar/restaurants. She was favorable to on-site traffic circulation patterns and fdt that sm.~h would in part, address concerns for the safety of the school children. MOTION: Com. Szabo moved the granting of a Negativt. Declaration. SECOND: Com. Sore11sen VOTE: Passed 4-0 MOTION: Corn. Szabo moved to rncomrncnd approval of Application 14-U-87 subject to the conclusions and subconclusions of this Hearing per the Model Resolution, Conditions 1-15; Condition 16, amended to read, Nitc Cap cum~nt hours of <)peration (6:00 A.M. to 2:00 A.M.) acceptable, Ifamasushi Restaurant, limi?.- ation of hours of operation to 6:00 A.M. to 11 :00 P.M., Village Gent, 90 seats with hours of operation limited to 6:00 AM. to 11 :00 P.M; Conditions 17-32. SECOND: Com. Sorcnse1n VOTE: Passed 4-0 ITEM2 Application No(s) Applicant: .Property Owner: Location: Pare~! Area (Acres) TENTATIVE J\1AP (24-TM-87) ·----------- To subdivide one parcel into two parcels, lot sizes of 7,700 sq. ft and 11,650 sq. ft. FIRST HEAR.ING ENYIROJ\!MENTAL DETERMINA'r10N: Categorically Excrnpc Staff P.r.~e:!U.filLQQ.;. Mr. Cowan reviewed the Application, called attention to Staff Report discussion of lot pat1erns in the st1rrounding arc:i and presented a site map showing existing trees on site. Sta.ff did not recommend 1hat these trees be retained since they were' not specimen trees and were located within the buildable area of site. PLANN1NG COMMISSION MINUTES · Regular Meeting of November 23, 1987 Page 4 PC -532 PUBLIC HEARINGS Contii.ued hlwJi'd.~f!~rntion~ Mr. Craig Clark stated that he felt that a flag lot development would provide less dense homhng imd create a more open space feeling. · MOTION: Com. Sorensen moved to close the Public Hearing SECOND: Com. Claucy VOTE: Passed 4-0. Com. Claudy opposed flag lot developments and was not favorable to this Application. He cited the character of :rvlonta Vista and felt that deviating from such would set an undesireable precedent. Com. Sorensen was favorable to this Item and noted the resulting lower density of this site; Com. Szabo concurred and noted the awkwardness of the site. Chr. Mackenzie, while not usually favorable to flag lot developments, was favorable to this Application and noted the adequate size of the lots. Monta Vista contained other such developments--such would not be out of character with the area. MOTION: Com. Sorensen moved approval of Application 24-TM-87 subject. to the con- clusions and 5ubconclusions of th~s Hcrufog, per the Model Resolution. SECOND: Szabo VOIB: Passed, Com. Claudy ..;;iposed 3-1 l'TI~M3 Application No.(!'.) Applicant: Property Ow11ers: Location: Parcel Area (Acres): 10-~.Y.ig;sJL __ YYarr~n_}Vhale_y_ _____ ·-----·----· .B oti.b.L~Js..9 be.I.1.S._ ____ . W e'.1_!_5_is,k;_cl.C)it2_k~_t91L~...Jl.PllLQ25.i 111rrl.cl.YJ .. CQJL ... ~ no111LQf Fli!ll~hirr. .. .S1_. _____ . _____ , ____ . D.J.JJ..CJ._ _. .. 8} gros5 11:'.NTATIVE MAP (16-TM-87 rReviscd]) To subdivide 1 parcel into 3 parcels, lot size.s ranging from 9,000 sq.ft. to 13,500 sq.ft. FIRST HEARING ENVIRONMENTAL DETERMINA 110N: Categorically Exempt .s.tuff Pr~_,~.~nrn..till..n.;. Mr. Caughey rev1e wtd the history of the Application and cited Staff Report, V) QigJJ..ssiQn; a. graphic was presented illustrating setback cnvelop<~S for one and two story houses and th"eir relationship wi·!h adjacent properties. He reviewed special considerations amched to P:u·cel l, the flag lot; namely, the designation of the front yard; Staff rccommcr1dcd that the eastern p:·operty line be designate.:i as the f10nt yard. b-.DJ>llrnnJ~u1~.~nrn1tioq.~ Mr. Warren Whaley, Representing the Applicants, reviewed the preferred dcvc!oprncnt option and requested co11.<;ic\cration on the frnnt ya.rd designation. "i PLANNING COMMISSION MINUTES Regular Meeting of November 23, l 987 Page 5 PC -532 PUBUC HEARINGS Continued Ms. Barbara Fagundes. 21577 Flintshire St., Cupertino, cited the following concerns: Two Italian Stone Pines on her property: She asked that lhe developer provide funds for tree preservation. and pay for fertilization and crown thinning following construction as recommended by an arborist she hired; she asked that a second arborist be consulted and thm existing shrubbery be retained by the developer. Objected two story home~ on this site; this development was unusual in that her back yard would abut a side yard. She cited privacy and view encroachments. A "Petition requesting the rezoning of parcel to 7,500 Rl-1 single story homes on this infill project," dai.ed November 13, 1987, signed by 65 individuals was presented. Mr. Rich Parker noted privacy impacts from Lot 1 and asked that there be a limitation to one story houses in this subdivision .. Mr. Krishna Murty cited a grade differential between exiscing lots and the development; he noted the resulting privacy impact and objected to construction of any two-story houses, Mr. Steve Irving felt that privacy impacts from the flag lot w.as a key issue and objected to building a two-story house on this sit<>. He questioned future liability hr trees damaged during constmction; Mr. Cowan reviewed policies for protection of property. Mr. Mike Masunda stated that construction of a two-story structure would result in his home being completel.y surrounded by two-story homes; he cited view and privacy impacts m1d objected to the flag lot as an unreasonable and unconventional development. Mr. Tommy Shwe, prospective home owner/project developer, offered assurances that every effort would be made to preserve existing trees and shrubs. Ms. D. Lynn Irving noted concern with the proposed flag lot and cited privar,y impacts. MOTION: Com. Szabo moved to close the Public Hearing SECOND: Com. Claudy VOTE: Passed 4-0 Com. Sor-:.nscn, while noting the coriccrns expressed by the neighbors, stated that the Applicant had addressed concerns raised by the Commission; she concurred with Staff that the easterly property line be designated the front yard. Com. Szabo concurred. Mr. Cowan reviewed policies addressing property protection during construction of 21. site. Ms. Ca<:kcr noted that the City was not liable for any future, long term cL.1.mage to trees. Com. Claudv felt th:it the front vard should be located toward Clark3ton Ave. Chr. Macki:.-r1zie was favorable 1-0 this Application. l\10110l'l: Corn. Sorensen moved apprc..,val of Application 16-TM-87 (Revised) subject to the cone lusions ;md su bconcl u.<;ions of this l fearing, per the Model Resolution. SECOND: Com. Szabo VOTE: Passed 4-0 ~-:~ '\; PLANNING COMMISSION MINUTES Regular Meeting of Nov~-nber 23, 1987 Page 6 PC -532 PUBLIC HEARINGS Continued ffEM4 Application No.(s) Applicant: Property Owners: Location: Parcel Aren. (Acres): _51-V-87 anQ._54-EA-87 Jirn L&nteL ___ _ L.Y.tll.eran ~hurrh of_QJJr Savior :tis2n!L1ide of ful.lling:;r_Rd.J2~~e11 Ta11taq~J!fill &blliQn A,...:..:..v"'"'"r:._. ------_J,O net ~ USE PERMIT (51-U--87) To add approximately 2,500 sq. ft. to an existing church and restripe the parking lot. FIRST HEARING: ENVIRONMENTAL DETERMINATION: Negative Declaration Staff Pres(~nt11tion: Mr. Piasecki reviewed the-Applic<:ition and pi·esented exhibits showing the location of additional space, structures to be demolished and parking areas. Egress by way of Carver Dr., to Johnson and Bollinger Rd. was of concern to Staff; however, no !:uitab!e alternative w;i.s found. ·nrns, Staff regarded this traffic pattern as a pre- existing condition; additional square footage would not significantly impact this situation. Other Staff recommendations were reviewed. Action final at the Planning Commission level. Applic1mt'..~_.Yr~scnt1\J.i.Qii..;, Mr. Ernie Erickson, Project Architect, felt that this action would unify the site; uses, materials and parking facilities were reviewed. He confirmed that there would be no increased intensity of use. MOf10N: SECOND: VOTE: Com. Claudy moved to close the Public Hearing Com. Sorcnser1 Passed 4-0 MOTION: Com. Sorensen moved the granting of a Negative Decl.<mHion. SECOND: Com. Claudy VOTE: Passed 4-0 J\10TION: SECOND: VOTE: Com. Sorensen moved approval of Application 5 l-U-87 subject to conclusions and subconclusions of this Hearing, per the Model Resolution; Condition 1. to add that the a non-opaque, chain link fence only to be allowed; Conditions 2-11. Com. Claudy Passed 4-0 PLANNING COMMISSION MINUTES Regular Meeting of November 23, 1987 Page 7 PC -532 NEW BUSINESS ITEM 5 Status report regarding -.:omplaint letter dated September 27, 1987, from George and Barbara Ann Harris (Application 16-U-76 [Amended] -Coates and Sowards [Orchard Valley Marketplace]). n.e property is located on the southeast corner of Stevens Creeks Blvd. at Portal A vc. {CONTINUED FROM THE MEETING OF OCTOBER 26, 1987) Chr. Mackenzie notc'd that a Report had 'been submitted by George and Barbara Hanis . .s.u.f.Lfu .. ~~.DJJ.Ui.Qn: Mr. Piasecki reviewed the Staff Report 3., Slru.wi and presented exhibits and photographs of the Orchard Valley Market Place . . rumli.£iillJ.'.s.l:l~iallfiliml;. Mr. George HaJTis, , noted that improvements in maintenance of the Center resulted when complain LS were made; he doubted whether these improvements would last. He noted his continuing concern that a management plan be in place and reviewed the Report compilcxl by himself. Mr. Mark Wimmer, Property Manager, felt that the Center had substantially complied with requirements as evidenced by Staff Report. Photographs were presented of the site as well as of other Centers in the area. Two remaining questions on the Conditions were: Item 4: Removal cf truck trailers by owners Item .5: Difficulties of retaining a lock at this gate noted Mr. Tamblyn, 19721 Bixby Dr., Cupertino, statec! that the hood over Mc Hart's Pizza had been rotated to the northeast rather than the north. In response to questions, he stated that noise was a problem to him; however, visual impacts were screened by landscaping. Mr. Wimmer stated that the hood had been rotated to conform with the intent of the restriction, namely, to direct noise toward the Center and away from adjacent residetits; the limit.wons of rotating a square hood were noted. Com. Claudy concluded that further development of this site which would contriout'e to or continue the existing problem should be prohibited; be noted efforts of the Property Manager to correct mechanical deficiencies. Options of raising the height of the rear wall, ciosing off the indented area to the rear of Mc I-fan's Pizza and adding locks to the rear corridor door!; were considered. Staff to asses impacts of these options. Chr. Mackenzie noted tha! ~\rnditions of Approval for this Center are not strictly cnforce;1 ble. Ms. Cocker stated that she had notified Code Enforcement that if violations of the Cupertino Municipal Code were reported by the I-biris' (i.e., storing tn~sh in the rear corridor), they will issue citations involving fines and m:iPdatory court appearances. MOrION: Com. Claudy moved to accept Staff Report of November 23, 1987. SECOND: Com. Sorensen VO'IE Passed 4-0 PLANNING COMMISSION MINUTES Regular Meeting of November 23, 1987 Page 8 · PC-532 NEW BUSINESS Continued ITEM6 Re.port Regarding Consultant Sekcticn Procedures. SJ.fil.f...Pr~ll.ru.lim..;. Mr. Piasecki reviewed the Staff Report presented on this Item. Com. Szabo noted his concerns regarding the potential conflict of interest for a consultant issuing a report to his/her client; examples were cited. Mr. Cowan recommended that state licensed consultants be considered for required reports. Mr. Piasecki noted rhat there would be mimmal financial impacts to applicants for the cost of these reports. Consensus reached that a trial period allowing the City to select consultant arborists be undertaken. MO'IlON: ·SECOND: VOTE: lTEM7 Com. Claudy moved to send a Minute Order to the City Council stating that the Commission by consensus agreement decided to use City se.lected consultant arborists on a trial basis. Com. Sorensen Passed 4 .. Q Application 2-GPA-87 -Request to initiate Public Hearing to consider land use change within the Monta 'f1sta art;1 located north of Stevens Creek Blvd., east of Penir.sula Ave ' . $taff PresentatioQ.;. Mr. Cowan reviewed the status of the Salazar property located in the Monta Vista area and updated the Commission on applicable General Plan Amendments . .t\tmlklillll Pre~entil.tign: Mr. Richard R. Sutherland. Attorney for the Salaza.rs, reviewed the Application and recent development in Monta Vista; he noted that the following issues: An exception existed in that this 7 ,500 sq. ft. lot was bound by a 2,500 sq. ft. lot and on the other side, by a duplex; such was a disincentive to improve the Salazar property Area contained modestly priced ho•.1sing p;·ojects; this house was inconsistent with area. Ms. Ann Anger, President, Monta Vista Homeowners Association, felt that the request for a land use change was inappropriate at this time. She no1ed that the City lacked provisions to limit the number of c2rs any household could own; traffic impacts in Mon ta Vista were cited. Mr. Salazar reviewed properties he owned in the area as well as adjacent sites. MOTION: SECOND: VOTE: Com. Claudy moved to adopt Staff Recornmcndat.LQJl that circumstances in- volved in the issue had not changed ~;incc July 20, 1987; therefore the Planning Commission forwarded a recommendation to the City Council suggesting that a public hearing not oc scheduled. Com. Sorensen Passed 4-0 PLANNI!\iG COMMISSION MINUTES Regu·iar Meeting of November 23, 1987 Page 9 PC -532 NEW BUSINESS Continued ITEMS Rcque~t to cancel the Planning Commission Meeting of December 28, 1987. Consensus reached by'lhe Commission to tanccl the Meeting of December 28, 1987. OLD BUSINESS: ~one H.EPORT OF THE PLANNING COMMISSION: Com. Claudy stated that he had asked Ms. Cocker and the City Attorney's Office to address the issue of the granting variances. REPORT OF THE PLANNING DIRECTOR: \Vrittcn Report submitted DISCUSSION OF NE'WSPAPER CLIPPINGS: :'.'\one ADJOURNMENT: Having concluded its business, the Planning Commission adjourned at 10:20 P.M. to the next Regular Meeting of December 14, 1987 at 7:00 P.M. Rcsp~9tfully subf!J_lltc~J.. ,,., / ' , / :/Id; (;M~L~~--~~Ar1_ Carol A. Probst-Caughey, /" ./ Recording Secretary I {I/ Approved by the Planning Commission At the. Reguiar Mrf ting of December 14, l 9S7 ---------. I "'-. \ ._') ~~ J ' --'"'~...':":.._.....c:...-.1... -___.,:_..,,::-______ . --~--·---"----Donald Mac <cnzie, ~iman \\