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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