PC 10-24-94
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON
OCTOBER 24, 1994
ORDER OF BUSINESS
SALUTE TO THE FLAG
ROLL CALL
commissioners Present:
Chr. Mahoney
Com. Roberts
Com. Austin
Com. Harris
commissioners Absent:
Com. Doyle
Staff Present: Robert Cowan, Director of community Development
Ciddy Wordell, city Planner
Thomas Robillard, Planner II
Michele Bjurman, Planner II
Aaron Sherrill, Intern
APPROVAL OF MINUTES
october 6, 1994 - Adjourned Meeting
october 10, 1994 - Regular Meeting
Com. Harris amended the minutes of October 10, 1994 as follows:
Page l, Clerk's note: Com. Harris arrived at 6:49 p.m.
It was a consensus to delay the approval of the Minutes of
October 6th to the meeting of October 26, 1994.
SECOND:
VOTE:
ABSENT:
Com. Roberts
10, 1994, as
Com. Harris
Passed
Com. Doyle
moved to approve the minutes of October
amended
MOTION:
4-0-1
WRITTEN COMMUNICATIONS - No Discussion
POSTPONEMENTS/REMOVAL FROM CALENDAR
Item 9: Application No(s) 81,l65 and 23-EA-94 city of Cupertino
Request continuance to the Planning commission Meeting
of November 28, 1994.
SECOND:
Com. Austin moved to postpone item 9 to the meeting of
November 28, 1994
Com. Harris
MOTION:
PLANNING COMMISSION MINUTES
October 24, 1994
Page 2
VOTE:
ABSENT:
Passed
Com. Doyle
4-0-l
ORAL COMMUNICATIONS - None
CONSENT CALENDAR - None
ARCHITECTURAL REVIEW
1.
Application No:
Applicant:
property Owner:
Location:
14-ASA-94
The Driving Machine
James Payne
l0100 Bubb Road
ASA request for a freeway-oriented sign in accordance with
section 17.24.170 of the cupertino Municipal Code.
Staff Presentation: Planner Robillard presented the staff report
dated October 24, 1994. He reviewed staff's concerns as outlined
in the staff report. He noted the Chamber of Commerce did not
comment on this issue.
In response to commissioners questions, Planner Robillard stated
in this particular zone, the intended uses are for wholesale or
light industrial uses. He noted a finding can be made which is
specific to this building.
Applicant Presentation: Mr. James Payne, Business Owner, stated
a large part of his business is wholesale, but they also service
BMW's. Mr. Payne addressed staff's concerns noting the proposed
sign is as simple as possible and will give his business instant
recognition. Mr. Payne presented photos to the commissioners of
buildings which could accommodate signs in the same location. He
noted the proposed sign does not clutter and does not believe it
would be setting a precedence. He noted that both large and
small businesses should be treated equally with regards to sign
recognition.
Com. Austin stated she would support the sign as proposed by the
applicant.
Com. Roberts stated he would also support the sign and agrees
with the applicant that all businesses should be treated equally.
Both Com. Harris and Chr. Mahoney spoke in favor of approving the
sign as proposed by the applicant.
Com. Harris stated she would like a condition which relates to
this business only and the sign should read "BMW" as opposed to
"The Driving Machine".
PLANNING COMMISSION MINUTES
october 24, 1994
Page 3
SECOND:
VOTE:
ABSENT:
Com. Austin moved to approve application 14-ASA-94
subject to the findings and subconclusions of the
hearing with the additional condition: That this sign
shall relate to this business only and shall read as
proposed by the applicant
Com. Harris
Passed 4-0-1
Com. Doyle
MOTION:
PUBLIC HEARINGS
2. Application No:
Applicant:
Property Owner:
Location:
4-EXC-94
Jeraldine K. Mitchell
Same
8115 Hyannisport Drive
EXCEPTION to allow a 5 ft. high fence in the front yard
setback in accordance with Chapter 16.28 of the cupertino
Municipal Code
staff Presentation: Planning Intern Sherrill presented the staff
report dated October 24, 1994. He answered questions regarding
fences in the area and noted these are illegal structures. He
noted staff would also object to shrubbery as it would be
obscuring the front of the house, and it could be a potential
problem with the proposed patio structure.
Applicant Presentation: Ms. Jeri Mitchell, 8115 Hyannisport
Drive, stated her need for the fence is for privacy and more
space for her patio. She noted this fence will not harm any
public health, safety or welfare of surrounding residents. She
believes to enforce the ordinance would be inconsistent with the
spirit and intent of the ordinance. She stated the patio would
not extend into the front setback, except as allowed by the
Accessory Structures Ordinance. In response to Com. Robert's
question, Ms. Mitchell stated she requests a fence as opposed to
a hedge. She believes a fence would be safer with regards to
visual intrusion.
Chr. Mahoney closed the public hearing.
Com. Austin spoke in support of the exception for the privacy of
the homeowner as this is a busy area.
Com. Roberts stated the residents of Hyannisport Drive live in a
busy area and would be in favor of granting the exception. He
suggested adding a condition that the residents along this street
have loss of privacy due to school activities.
Com. Harris believes there is enough room to have a patio in
PLANNING COMMISSION MINUTES
October 24, 1994
Page 4
front and not encroach into the 20 ft. setback. She expressed
concern about violating the city policy and stated that maybe the
policy should be reviewed. She believes there are fences all
over the city which don't have a permit. She added she does not
see any overriding conditions to grant the exception.
Chr. Mahoney spoke in favor of granting the exception because of
the location and there are no objections from the neighbors.
The Commission discussed the illegal structures in this area.
city Planner Wordell stated she did discuss this with the city
Attorney who felt the policy is still enforceable.
Planning Director Cowan stated he will discuss this issue with
the city Attorney.
SECOND:
VOTE:
ABSENT:
Com. Austin moved to approve 4-EXC-94 subject to the
findings and subconclusions of the hearing with the
following condition: C. That the impact of youth-
oriented activities at Kennedy Jr. High School impose a
particular burden on the applicant and adjacent
properties
Com. Roberts
Passed 4-0-1
Com. Doyle
MOTION:
3.
Application No:
Applicant:
Property Owner:
Location:
7-EXC-93
Lotus Development & Constr., Inc.
Same
22801 San Juan Road
EXCEPTION to construct a new residence on a substandard lot
in accordance with section 19.40.050 of the Municipal Code.
Staff Presentation: Planning Director Cowan presented the staff
report dated October 24, 1994. He presented a site plan map
outlining the constraints on the site as written in the staff
report. Mr. Cowan discussed the changes made by the applicant as
a result of Council and commission's concerns. He presented
drawings outlining the changes and the elevations. Staff
believes that the applicant has made an attempt to meet the
concerns and he reminded the Commission that this is a pipeline
issue.
Applicant Presentation: Mr. Ron Harris, representing applicant,
reviewed the changes as stated by Mr. Cowan and outlined in the
staff report.
Chr. Mahoney opened the public hearing.
PLANNING COMMISSION MINUTES
October 24, 1994
Page 5
Mr. Ron Pasari, 22776 Mercedes Rd., stated he met with Planner
Robillard who indicated that further improvements were possible
to reduce the mass and bulk. He believes the applicant has made
an attempt to reduce the mass, but feels more could be done. He
stated the applicant has a right to develop his property, but not
at the expense of the existing homeowners. Mr. pasari expressed
concern about landsliding.
Ms. Donna Dicker, 22790 Mercedes Rd., stated there has been an
effort to reduce the size of the homes, but believes more effort
should be made. She expressed concern abut he environment and
the existing property owners rights.
Mr. Robert Wulff, 22780 Mercedes Rd., presented photos to the
commission taken from his backyard showing the site in question.
He expressed concern about the height of the building and stated
reducing the roof pitch will help reduce the mass. He requested
that the commission give specific directions to the applicant to
reduce the mass and bulk.
Mr. Ron Harris believes when looking up slope at the proposed
development the line of sight will go over the roof as
landscaping will be planted. He noted two geologists looked at
the drainage and there will be a drainage plan.
In response to Com. Harris' question regarding a substandard lot,
Mr. Cowan stated this lot is substandard because in the slope
density calculations it would not compute to one lot. Regarding
the landscaping, Mr. Cowan stated staff can meet with the
applicant or come back to the commission.
Com. Roberts questioned three car garages, Mr. Cowan stated these
are prominent in cupertino and there is also the question of
parking in the hillsides.
Com. Harris stated there have been major changes in the new
proposal. She noted the house size is acceptable and believes
the three car garage is needed as there will be no parking on the
street. She stated the landscaping should be part of the
conditions and also the colors for the house. She stated she is
willing to recommend approval as proposed.
Com. Roberts stated he agrees that a lot of progress has been
made. He stated the house has been reduced and does not see any
benefit to reducing it one more foot. He spoke in support of
reducing the size of the garage and moving the house over.
Com. Austin stated the applicant is going in the right direction,
but she expressed concern about the mass and bulk on such a steep
PLANNING COMMISSION MINUTES
October 24, 1994
Page 6
slope. She stated she would not be in favor of recommending
approval.
Chr. Mahoney spoke in favor of the project and would support a
three car garage.
Com. Roberts stated he would like to see large native trees or
shrubs along the critical site line and neutral colors should be
used.
Mr. Cowan stated that three Commissioners in general support the
project, with Com. Roberts looking to reduce the garage and Com.
Austin expressing concern with the overall project.
MOTION:
Com. Harris moved to send a minute order to the council
saying that three Commissioners generally support the
project, with Com. Roberts looking to reduce the garage
and Com. Austin not supporting the overall project.
Com. Roberts
Passed 3-1-1
Com. Austin
Com. Doyle
SECOND:
VOTE:
NOES:
ABSENT:
Location:
9-U-94, 3-Z-94, 8-TM-94 and 27-EA-94
Forge/Homestead
Charles o. Forge/ Eileen Hutchings Co. -
Trustees
20691 Homestead Road
4.
Application No(s):
Applicant:
Property Owner:
USE PERMIT to develop a 240 unit for-rent condominium
project
REZONING a 9.26 acre parcel from A-2l5 to P(Res.20-30)
Planned Residential Development for 20 to 30 units per gross
acre, or other appropriate zoning designation.
TENTATIVE MAP to subdivide one parcel into 240 condominium
units.
staff Presentation: Planner Robillard presented the staff report
dated October 24, 1994. He reviewed state law with regards to a
density bonus if the applicant provides affordable housing. He
reviewed the findings adopted by state law in order to deny the
project as outlined in the staff report. He noted staff does not
believe that any of these findings can be made to deny this
project. Planner Robillard also reviewed the Cupertino Water
Well station as outlined in the staff report. He outlined the
site layout of the project. He noted screening for the well will
be proposed.
PLANNING COMMISSION MINUTES
october 24, 1994
Page 7
Regarding the affordable units, Planner Robillard stated if the
units converted to condominiums the affordable units must remain
affordable for 30 years. He added they would increase annually
based on several factors.
In response to Com. Harris' question regarding the williamson
Act, Planner Robillard stated there is no recommendation because
action to cancel this has not been started.
Com. Roberts questioned drainage, Planner Robillard stated
drainage from the site would be away from the water well and the
engineer will look at the drainage. He noted there is an
existing well site on the property and this will be expanded.
Planner Robillard stated staff is recommending approval of the
project.
APplicant Presentation: Mr. Charles Forge gave some history of
this site and noted because of economics there is a necessity to
develop this site. He stated they want to make this a first
class project.
Mr. Jim Sisk, 19672 Stevens Creek Blvd., #149, stated he did talk
to the president of the Countrywood Homeowners Association.
Regarding the driveways, Mr. sisk stated the traffic engineer
suggested that the driveway on this project line up with the
existing driveway of the shopping center adjacent. Regarding the
well site, Mr. sisk stated the plan should stand on its own and
if the city wants to buy this site they should negotiate with the
property owners. Mr. sisk addressed the adjoining property to
the west and noted it was the Traffic Engineer's suggestion to
provide access onto Homestead through this property.
In response to Com. Roberts' question, the architect stated more
trees could be added to the eastern portion of the property. He
noted there are five existing trees on the property, but if the
plan is flipped they will lose three trees.
Ms. Lynore Slaten, Countrywood, expressed concern about receiving
late notice for this meeting. She stated the homeowners have not
talked to the developer and would like more time to see what is
proposed. She expressed concern about traffic and noted turning
left into Countrywood is very difficult as is turning left out of
Countrywood. She expressed concern about the impact of the view
with the proposed development. Ms. Slaten requested that the
Planning commission continue this issue to give the homeowners
time to prepare a resolution. She expressed concern about the
density and their property value.
Ms. Nancy Trankle, Countrywood, stated she has no objection to a
PLANNING COMMISSION MINUTES
october 24, 1994
Page 8
development at this site, but is concerned about the proposed
plan. She expressed concern about the high density and the
impact on the neighborhood. She also expressed concern about the
increase in traffic as a result of the proposed plan. Ms.
Trankle stated there has been a lack of communication between the
developer and the existing homeowners and noted there are
concerns about views being obscured as a result of three story
buildings. She suggested that this item be postponed at this
time.
Ms. Getrude Welch, 10605 Gascoigne Dr., representing The
Affordable Housing Network of Santa Clara County, who are
concerned about the lack of affordable housing in the county.
She believes this site would be appropriate for affordable
housing. She noted that people living in these affordable units
will be professional working people and cupertino needs such
units. She reviewed the income to qualify for these units. Ms.
Welch stated the Network supports staff's recommendation.
Ms. Diana stickler, lll09 Flowering Pear Dr., addressed the well
site, noting the well has been broken on several occasions. She
stated the City needs to take a look at the traffic pattern
noting there is a bus stop also in this area which creates a
hazard.
Mr. David Kiel, resident, expressed concern about his property
value decreasing as a result of the proposed development. He
expressed concern about the impact on schools with the high
density proposed. He noted his patio will be approximately five
feet from the street proposed. He expressed concern about the
three story buildings and the impact on his view. Mr. Kiel
stated more notice should be given before these public hearings
and submitted a letter outlining his concerns. In response to
Com. Roberts' question, Mr. Kiel stated a line of trees would not
help the situation.
Mr. Richard Chavarria, 20539 Cedarbrook Terrace, expressed
concern about the short notice of this hearing. He believes if
the units are three story it would block out sunlight to his
home. He also expressed concern about the impact on property
values as a result of the proposed development. He suggested
building townhomes on this site and expressed concern about the
impact on traffic with the proposed development and Portofino.
Planner Robillard stated the applicant did propose the density
and it is consistent with the General Plan.
Ms. Doris Ellis, 20541 shady Oak Ln. expressed concern about the
traffic impact as a result of this development. She noted some
PLANNING COMMISSION MINUTES
October 24, 1994
Page 9
of the surrounding properties are low income apartments and have
vacancies. She stated the existing homeowners would like to meet
with the developer.
Mr. Naren Kalra, 47300 Galindo Dr., Freemont, stated he owns a
duplex in the City of Sunnyvale adjacent to this property and
noted there is already low cost housing in this area. He
expressed concern about the three stories proposed.
Mr. Larry Compagnoni, 20634 Mapletree Place, stated he talked to
the planning department staff before purchasing his home
regarding this property and staff indicated that this site would
be the same density as Countrywood Townhomes. He expressed
concern about property value as a result of the proposed
development. He also expressed concern about the traffic impacts
and noted he was not notified about this meeting.
Chr. Mahoney stated people seem to be concerned about a road next
to the existing homes. He noted an alternate would be to have a
building next to them.
In response to Com. Harris' question regarding rental rates, Mr.
sisk stated rates would be in the range of $850 to $1600 a month.
Ms. Gwen Marvin, resident, expressed concern about too much
development and the short notice regarding this meeting.
Chr. Mahoney closed the public hearing.
In response to Commissioners questions, Planner Robillard stated
the setbacks proposed are consistent with the zoning and the
height of the building is 38 ft. He noted staff sends a copy of
the plans to the school district. He also added that this site
was considered as part of the General Plan and the impact on
schools.
Com. Austin expressed concern about the impact on schools, the
traffic impact and the level of service. She stated she would be
in favor of continuing this item to give the neighbors time to
make a presentation.
Com. Roberts stated he would like to see a site specific traffic
study. He agrees that the neighbors have not had time to make a
presentation and should have time to talk to the developer. He
suggested reducing some of the buildings on the eastern side to
two story. He stated there needs to be a special condition to
protect the water well.
Com. Harris stated she would also like to see a site specific
PLANNING COMMISSION MINUTES
October 24, 1994
Page 10
traffic study along with the impact from Portofino. She added
she would also like to see a letter from the schools regarding
the impact. Corn. Harris stated the developer should meet with
the neighbors and she would also like a letter from the Water
Company regarding the problems of the water well. She stated she
does not believe it is appropriate to have a driveway lO ft. from
the adjoining property. She spoke in support of continuing this
item.
Corn. Austin suggested a mix of two and three story buildings.
Other Commissioners concurred.
In response to Commissioners questions, Planner Robillard stated
there must be a maximum density proposed in order to receive the
density bonus.
Mr. Cowan stated staff will provide a synopsis of the state law
regarding the density bonus and will have the City Attorney
present at the next meeting.
Corn. Roberts stated more time should be given so the applicant
can meet with the neighbors and more time should be spent on the
traffic concerns. He added this could be a good project and does
support it in principal.
MOTION:
SECOND:
VOTE:
ABSENT:
MOTION:
SECOND:
VOTE:
ABSENT:
Corn. Austin moved to continue 9-lJ-94, 3-Z-84, 8-TM-94
and 27-EA-94 to November 28, 1994
Com. Roberts
Passed 4-0-1
Com. Doyle
Com. Austin moved to
81,l6l and 19-EA-94,
1994.
Com. Roberts
Passed
Com. Doyle
continue item 8, Application Nos
to the meeting of November 14,
4-0-1
The Commissioners agreed to hear item 7 at this time.
Application No:
Applicant:
Property Owner:
Location:
7.
8-EXC-93
Larry Miller
L.L.M. Investments
11835 upland Way (Lot 3)
EXCEPTION to construct a new residence on slopes greater
than 30% to exceed the grading quantity and to set back the
second floor less than 10 ft. in accordance with sections
19.40.050 and 19.40.060 of the Cupertino Municipal Code.
PLANNING COMMISSION MINUTES
october 24, 1994
Page 11
staff Presentation: city Planner Wordell presented the staff
report noting that the exception itself will be continued, but
they will discuss the grading as requested by Com. Austin.
Com. Austin stated neighbors expressed concern about grading the
property prior to final approval.
city Planner Wordell stated the tentative map was approved and
two lots were created. She stated the resident pads were
approved as were the access driveways. She stated a grading
permit was issued up to a certain point because the access must
be shown to approve the lots. She noted the grading proposed was
consistent with the tentative map and regulation allows grading
to occur separately from the residence. She stated if the
commission believe the regulations should be changed this can be
put on a future agenda.
Mr. Cowan stated when the subdivision is approved the map is
recorded and there has to be an access.
Com. Harris stated the public process is important and any
approval for work prior to the actual house being developed
presumes approval of the houses and binds the Commission and City
in some way. She stated maybe the commission should review this
issue.
Com. Austin left the meeting at 10:15 p.m. due to illness.
MOTION:
Com. Harris moved to continue application 8-EXC-93 to
the meeting of November 14, 1994.
Com. Roberts
Passed )-0-2
Corns. Doyle, Austin
SECOND:
VOTE:
ABSENT:
Mr. Venkatesh, 11835 Upland Way, expressed concern about the
grading and noted there are drainage problems in the winter. He
stated the developer needs to address this issue.
5.
Application No(s):
Applicant:
Property Owner:
Location:
10-lJ-94 and 29-EA-94
Barry Swenson Builder
First Development Corp.
Southwest corner of Stevens Creek
Boulevard and Tantau Avenue
USE PERMIT to construct a 3 story 56 unit affordable
apartment project and a 1 story 4,000 sf. commercial
building.
Staff Presentation: Planner Robillard presented the staff report
PLANNING COMMISSION MINUTES
october 24, 1994
Page 12
dated October 24, 1994. He noted that the stevens Creek Blvd.
specific plan, which will regulate this property, is currently
under review. He also noted that staff has worked with the
applicant to develop the plan to fit with the proposed direction
of the specific plan.
ADDlicant Presentation: Ms. Lisa Bullen, representing applicant,
stated they are looking for guidance from the commission before
presenting the final plans. She stated they had various
interaction with staff and several community groups.
Ms. Nancy Hendee, Project Coordinator, community Housing
Developers, stated this project will provide affordable rental
units noting the rents range from $450 to $800 a month. She
stated they are looking for guidance from the commission and
hearing from the public. She stated they will meet with the
community within the next few weeks.
Mr. Matthew Thompson, Architect, presented drawings reviewing the
different site plans. He noted they are providing housing types
that are in short supply.
In response to Com. Harris' questions, Mr. Thompson noted all
first story units will be handicap accessible and the roof line
could be broken up.
Ms. Bullen stated they have received interest for the commercial
building which ranges from medical offices, deli to real estate.
Chr. Mahoney opened the public hearing.
Ms. Marilyn Howard, E. Estates Dr., stated she is speaking as a
local property manager and noted there is a great need for small
properties. She stated this is an attractive project and she
would support it. She added CURB's position is that they are in
favor of the project.
Ms. Getrude Welch, Housing Network, urged the Planning Commission
to approve this project as there is a need. She noted these
units will be affordable.
Mr. Don Eldridge, 18980 Barnhart Ave., stated he is in complete
sympathy with cupertino's needs to provide affordable housing,
but is concerned about this project. He expressed concern about
the high density proposed and the parking.
Mr. Ron Walker, Anne Ln., believes that the Stevens Creek Blvd.
plan is being overlooked. He noted the conceptual plan is to
enhance and protect the existing neighborhoods. He stated he is
.-
PLANNING COMMISSION MINUTES
October 24, 1994
Page 13
opposed to this project because of the high density in a low
density area. Mr. Walker stated he is not opposed to development
on this site, but is concerned about the plans proposed. He
expressed concern about inadequate parking and increased traffic,
both vehicular and pedestrian. He also expressed concern about
the impact on privacy and noise. He believes the development
proposed does not adhere to the zoning plan.
Ms. Dora Rubaicaba, Anne Ln., expressed concern about the high
density proposed. She stated a project such as this attracts
single parents with children. She expressed concern about
increased traffic and the safety of children.
Mr. Alvin DeRidder, 19146 Anne Ln., stated he does not support
the project proposed. He expressed concern about the high
density proposed and the impact on schools. He stated he is not
against low income housing or developing this property.
Mr. Forest Baker, 19133 Anne Ln., expressed concern about the
three stories proposed and inadequate parking.
Mr. Fred Ranches, resident, stated he concurs with the previous
speakers. He expressed concern about the high density, pollution
from the additional cars and the impact on schools. He stated he
is in favor of developing this site, but not high density.
Mr. Sy Hamdani, 19147 Loree Ave., stated this neighborhood is in
transition. He is concerned about the proposed project and the
impact on their neighborhood.
Ms. Katherine cheng, 10067 Tantau Ave., stated there has never
been any communication with the developer. She expressed concern
about the increased traffic, the high density and the safety of
the children in the area. She believes the project will
downgrade the neighborhood.
Ms. Barbara McKim, 10080 So. Tantau Ave., concurred with Ms.
cheng, noting the project will not be good for the neighborhood.
Chr. Mahoney closed the public hearing.
Com. Harris questioned the parking?
Mr. Thompson stated the parking is consistent with their
experience in other communities. He noted the total square
footage of the project is low.
Ms. Bullen stated there is about a 40% turnover in their similar
project in Santa Cruz.
PLANNING COMMISSION MINUTES
October 24, 1994
Page l4
Planner Robillard stated comparing this parking to other
developments in cupertino and surrounding cities, the parking is
close. He stated he will provide a survey of other apartments
with regards to parking.
Chr. Mahoney asked what conceptual plan the public referred to.
Mr. Cowan stated the conceptual plan was adopted in 1983.
Planner Robillard explained how the units per gross acre are
calculated.
Chr. Mahoney closed the public hearing.
Com. Harris stated they must deal with this project in context of
the specific plan for this area. She noted the parking is
inadequate and she would like information regarding the turnover
of such units etc. She stated the three stories next to single
family homes needs to be addressed. Com. Harris requested a
traffic analysis and would like to see the roof design broken up.
Com. Roberts expressed concern about the impact on privacy on the
neighboring residents and the applicant should explore stepping
down towards the existing adjacent residents. He believes
parking is inadequate and this project should be looked at in
context of the Stevens Creek Blvd. specific Plan. He stated this
kind of development does compliment the City's housing structure
and fills a housing need in cupertino.
Chr. Mahoney agrees with stepping back the units as discussed by
Com. Roberts. Mr. Cowan stated there are 3 or 4 projects in
Manta vista were reciprocal parking works well.
Chr. Mahoney stated there is concern about the density and the
impacts from traffic, noise etc.
with regards to the housing element, City Planner Wordell stated
the housing elements states allowing an average of 20 units per
acre, but it could be higher or lower depending on the site.
SECOND:
VOTE:
ABSENT:
Com. Harris moved to continue 10-U-94 and 29-EA-94 to
the meeting of November 28, 1994.
Com. Roberts
Passed 3-0-2
Cams. Austin, Doyle
MOTION:
6.
Application No:
Applicant:
Property Owner:
Location:
5-EXC-94
carry Queen/Kornberg Assoc.
Estate of Nancy Hertert
22830 San Juan Road
PLANNING COMMISSION MINUTES
October 24, 1994
Page 15
EXCEPTION to construct a single family home which exceeds
the maximum site grading allowed and is near a prominent
ridgeline in accordance with section 19.40.050 of the
Cupertino Municipal Code.
staff Presentation: Planner Bjurman presented the staff report.
She presented drawings of the elevations and noted the building
design and materials are consistent with the intent of the
residential hillside ordinance. She also reviewed the grading
proposed as outlined in the staff report. She answered questions
regarding the size and height of the home.
Applicant Presentation: Mr. Carry Queen presented slides showing
the site and the location of the proposed structure. He showed
views from the surrounding properties. He reviewed the
justification for the grading exception as outlined in the letter
dated October 17, 1994, prepared by Kornberg Associates. Mr.
Queen also reviewed the existing and proposed screening for the
proposed home.
Mr. Andrew Stewart, Architect, stated the geologist report is
included in their plans. He stated the report confirms loose
silt and sands to a depth of 12 feet. He noted the height of the
building is 35 ft. He reviewed the cut and fill proposed.
Brother Robert Juenemann, Marianist Brothers, stated they are 100
percent behind this project.
Chr. Mahoney closed the public hearing.
Com. Roberts stated he is impressed with the project and the
applicant has shown great sensitivity. He believes the ridgeline
is not the issue because of how the project fits into the
hillside.
Com. Harris stated the house is a reasonable size for the lot and
would support the project.
Chr. Mahoney concurred with Cams. Roberts and Harris.
Mr. Cowan stated there is the issue of a sanitary sewer vs. a
septic system. He stated the ordinance requires a sanitary sewer
connection and this needs to be resolved.
Mr. Queen stated they would prefer a sewer, and he is working on
obtaining an easement.
Com. Harris suggested the applicant work on this before approving
it.
PLANNING COMMISSION MINUTES
October 24, 1994
Page 16
Brother Robert Juenemann stated, to the best of his knowledge, he
believes they can work something out with the applicant regarding
an easement. He stated he will look into this.
Mr. Cowan stated if the Commission wish to approve this project
at this time the conditions would be the following:
1) The project would be approved based upon the exhibits
submitted.
2) Approval based upon the provision for a sanitary sewer.
3) The applicant shall guarantee access to the lots adjacent to
this property.
Com. Harris stated she would not vote for this project until she
can review the model resolution with the conditions outlined.
Planner Bjurman stated she would like to add a condition that the
landscaping plan include planting to go all the way up the hill
and the trees be larger than 12 gallon.
Mr. Queen expressed concern about the condition regarding the
landscaping and noted this could be very expensive. He stated
they plan to plant many hundreds of saplings.
Mr. Cowan stated the landscape plan can come back on the consent
calendar.
MOTION:
SECOND:
VOTE:
NOES:
ABSENT:
Com. Roberts moved to approve application 5-EXC-94
subject to the findings and subconclusions of the
hearing and the following conditions: 1) approve the
exhibits; 2) Sanitary Sewer required; 3) Guarantee
access to lots adjacent to the property: 4) Landscape
plan to come back on consent calendar.
Chr. Mahoney
Passed 2-1-2
Com. Harris
Coms. Doyle, Austin
OLD BUSINESS
10. Heart of the City specific Plan Meeting Schedule
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Harris moved to continue item lO to Wednesday
October 26, 1994.
Com. Roberts
Passed 3-0-2
Coms. Doyle, Austin
REPORT OF THE PLANNING COMMISSION