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PC 06-27-94 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 777-3182 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JUNE 27, 1994 ORDER OF BUSINESS SALUTE TO THE FLAG ROLL CALL commissioners Present: Chr. Mahoney Com. Austin Com. Harris commissioners Absent: Com. Roberts Com. Doyle staff Present: Robert Cowan, Director of Community Development Thomas Robillard, Planner II Michele Bjurman, Planner II APPROVAL OF THE MINUTES Com. Harris amended the minutes of June 13, 1994 as follows: 1. Page 7, the motion regarding application 81,156 she voted no. Com. Harris also made other amendments to the Minutes of June 13, 1994, these were to be verified through the tapes. SECOND: VOTE: ABSTAIN: ABSENT: Com. Austin moved to approve the minutes of June 13, 1994, as amended Com. Harris Passed 2-0-3 Chr. Mahoney Corns. Roberts, Doyle MOTION: WRITTEN COMMUNICATIONS No Discussion POSTPONEMENTS/REMOVALS FROM CALENDAR Chr. Mahoney stated he will have to abstain from item 6 because he is on the Board of Directors of Goodwill Industries and this will only leave two commissioner who can vote on this item, therefore it should be continued at this time. MOTION: Com. Austin moved to continue item 6 to the meeting of July 11, 1994 PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 2 SECOND: VOTE: ABSENT: Com. Harris Passed Corns. Doyle, Roberts 3-0-2 ORAL COMMUNICATIONS Com. Austin stated she would like to submit a letter and place it on the agenda for a future meeting regarding streamlining the process of Planning commission meetings. CONSENT CALENDAR 1. Application NO(S): Applicant: property Owner: Location: 9-ASA-94 Yoshinoya West Inc. Ray Bartels 19825 Stevens Creek Blvd. ASA to repaint the exterior of an existing restaurant. MOTION: SECOND: VOTE: ABSENT: Com. Harris moved to approve the Consent Calendar Com. Austin Passed 3-0-2 Corns. Doyle, Roberts ARCHITECTURAL REVIEW 2. Application No(s): Applicant: property Owner: Location: 8-ASA-94 Sign Designs, Inc./Josh Brown Arco 10625 N. DeAnza Blvd. EXCEPTION to allow a sign in excess of the allowed size and number permitted by sections 17.24.050 and 17.24.060 of the sign Code. staff Presentation: Planner Robillard presented the staff report and reviewed the findings to be made to grant the exception as outlined in the staff report. He stated the applicant is requesting a 4ft. 6-1/2 in. high by 5ft. 4-1/2 in. wide 24 hour sign. He noted the sign Code allows one building mounted sign and one wall sign and ARCO received approval for a second wall sign from ASAC several years ago. He noted this particular sign is considered an identification sign which is permitted in the Ordinance, but only up to 4 sq. ft. He stated staff is recommending denial. The applicant was not present. Planning Director Cowan stated, as a general rule, the Ci ty PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 3 Attorney advises that if there is an adverse staff recommendation the matter should be continued until they hear from the applicant. Com. Harris stated the applicant was aware that staff was recommending denial and still did not attend the meeting. She stated she would like to proceed with this matter. SECOND: VOTE: NOES: ABSENT: Com. Austin moved to meeting of July 11, Chr. Mahoney Passed Com. Harris Cams. Doyle, Roberts continue application 8-ASA-94 to the 1994. MOTION: 2-1-2 PUBLIC HEARINGS Application No(s): Applicant: property Owner: Location: 6-lJ-94, 2-Z-94, 3-TM-94 and 12-EA-94 Emily Chen Emily Chen, Frank Chang and Jennifer chang 19340 Phil Lane REZONING of 1.08 acres gross to Planned Development Residential P(RES). lJSE PERMIT to construct five single family homes in a Planned Development zoning District. TENTATIVE MAP to subdivide a 1.08 acre parcel into 5 lots. staff Presentation: Planner Bjurman presented the staff report and outlined the location of the property. She noted the site has several unique characteristics, including a significant number of trees, a historical home and the site is centered around an Eichler neighborhood, which is primarily single story. She noted at the last hearing the Planning commission gave the applicant a variety of suggestions for designing the property. Ms. Bjurman reviewed the proposed site plan noting the Planning commission were in favor of one and two story homes, as long as the second stories had adequate setbacks from the surrounding homes. She noted the commission agreed to retain all the trees and there was no support for retention of the historical home. Ms. Bjurman reviewed the Planned Development Zoning District requirements. She stated the direction of the Commission at the April meeting was to design the new homes considering the Eichler building material and massing with a goal to blend the new homes into the surrounding neighborhood while preserving privacy from second story windows. She stated staff's direction was to have as few second story elements as possible and these should be facing the interior of the cul-de-sac. Ms. Bjurman stated the building design submitted by the applicant is not consistent with the direction of the Commission or staff. She added staff is suggesting that the PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 4 Tentative Map and Zoning be approved and continue the Conditional Use Permit. She noted staff would recommend preserving the historical home as recommended by the Historical Society. Planner Bjurman stated there is a standard $10,000 bond required per tree to be held for four years. She noted the alternative would be to choose the most significant trees and bond for them. Chr. Mahoney opened the public hearing. APplicant Presentation: Mr. Eddie Shen, Architect, stated an alternative to this design to save all the trees would call for smaller footprints of the homes. He stated most of the two story homes do face the cul-de-sac with a significant setback. He believes homeowners are no longer looking for Eichler homes. He stated the homes proposed will be placed around the existing Eichlers using deep setbacks and similar building materials. He noted they are requesting that the two significant historical trees on the property be bonded as opposed to bonding all the trees. He also presented samples of the tile roof proposed. In response to Commissioners questions Mr. Shen stated on lot 5 the wall plain setback is less than 15ft. from the adjoining Eich1ers, lot 4 is a one story building. The Commission discussed the setbacks of each homes and the FAR proposed. Ms. Bjurman stated lot 1 is 51% FAR. Mr. Shen stated they are proposing to use clear glass for second story windows and will use wood siding on the homes facing the Eichlers and also use stucco. Ms. Emily Chen, Developer, stated there are many restrictions on this subdivision and it is difficult to satisfy everyone. She noted they have larger setbacks in the rear to address the concerns of the neighbors. Ms. Chen addressed the trees to be preserved and noted she would like to present the elevations and floor plans of the homes to get some direction from the Planning commission. Mr. Joseph Schwartz, representing Fairgrove Neighbors passed out a statement to the Planning Commission and read this into the record. A copy of which was submitted as part of the record. Mr. vicki, King, 604 Phil ct., stated the Planning commission did recommend that any second story structures should be facing the cul-de-sac and lot 5 second story is facing the adjoining properties. She stated the neighbors would prefer one story homes, but if two are allowed they would like equal setbacks to the Eichler homes. She stated they would like a 20ft. setback on lot PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 5 5 and the with Ms. setbacks, trees will provide some privacy. She noted they have met Chen and thought they had an agreement regarding the but the plans proposed do not reflect this. Chr. Mahoney asked if this was not a Planned Development, do the current plans meet the required setbacks? Planner Bjurman stated they do not, especially for the second stories. Chr. Mahoney pointed out that the second stories are not stepped back, as typically required. Com. Austin spoke in favor of retaining the historical home and any additions should be done under the guidance of the Historical Society and staff. She spoke in favor of approving the zoning and tentati ve map subject to the conditions. She commended the applicant for saving as many trees as possible. She noted the five lot configuration is acceptable and would like to continue the conditional use permit to review the specific designs of the homes. Com. Austin stated she would like to see the size of the homes reduced, especially on lots 1 and 5. She stated windows in the second stories should address privacy issues and the architecture of the homes should blend in with the surrounding neighborhood. She spoke in favor of two single story homes on this property. Com. Harris stated the housing element requires more housing and the homes proposed are not out of line with what is being built today. She stated roofs should be tile and spoke in favor of retaining the 13 trees identified. She added bonds should be required for the two significant trees to be held for a reasonable amount of time. She stated there is ample protection for privacy on lot 5 because of the trees. As far as lot 3 is concerned, she would support the setbacks proposed from the cul-de-sac, as it keeps the structure away from the Eichlers. Regarding the historical home, Com. Harris stated they need to decide which historic homes should be preserved in the City as a whole. She stated she did visit the historical home and it has some significant problems. She stated she is not in favor of preserving it at this time. She believes consideration has been given to the surrounding neighborhood and believes some of the conditions are too restrictive. She noted all driveways should be off the cul-de- sac. Com. Austin suggested a certain dollar amount to protect the trees, as opposed to bonds for individual trees. Mr. Cowan stated staff is responding to a condition the Council imposed regarding the bonding of trees. Chr. Mahoney stated particular historical he is home. not He in favor of preserving this noted the tentative map is PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 6 acceptable and more work should be done on the setbacks, especially for lot five. He stated he would like to see more compatibility with the surrounding neighborhood. He would like to see darker colors used, more wood less stucco. He noted privacy issues should be addressed regarding the second stories. He added the trees should be protected and would concur with Com. Austin regarding a certain dollar amount to protect the trees. Cams. Harris and Mahoney voted to not preserve the historical home. MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: Com. Austin moved to recommend granting a negative declaration Com. Harris Passed 3-0-2 Cams. Doyle, Roberts Com. Austin moved to recommend approval of 2-Z-94 subject to the findings and subconclusions of the hearing with the following amendments: Condo 2, First Floor Setbacks, delete the last three sentences; Condo 3, Second Floor Window Types, should read " All second floor windows facing property which adjoins at the site should consider the pr i vacy of ad joining property owners"; Cond. 3 , Construction Material, delete the following sentence "The roofing material shall be dark composition or shake."; Condo 4 deleted; Condo 5 add "(for a maximum of $50,000)" after "per tree". Com. Harris Passed 3-0-2 Cams. Doyle, Roberts Com. Austin moved to approve 3-TM-94 subject to the findings and subconc1 usions of the hearing with the following amendments: delete condition 3; condition 4, add "(for a maximum of $50,000)" after "per tree". Com. Harris Passed 3-0-2 Coms. Doyle, Roberts Com. Austin moved to continue 6-U-94 to the meeting of July 11, 1994. Com. Harris Passed 3-0-2 Coms. Doyle, Roberts Mrs. Marcott addressed the commission regarding the historical home noting she is a member of the historical society. 4. Application No(s): 80,052.2 and 10-EA-94 PLAÌ\~N IN(; COi'-if.'lIS5IiJN !ÆINU'YKS Regular Meeting at .June 27~ l'J94 Page 7 Applicant: Location: city of cupertino citywide Amending Title 19, zoning and the Cupertino Municipal Code, including prescriptive requirements for large family day care homes. staff Presentation: Planner Bjurman presented the staff report noting this is a City initiated modification to include prescriptive requirements for large family day care homes. She added this came as a result of a report written by the child Care Task Force called "A Vision for Child Care". She noted the city Council directed staff to streamline the large family day care process. She added, currently state law pre-empts the City from creating any provisions for small family day care centers. She noted the city currently requires a conditional use permit for large family day care centers. She stated staff is proposing to create prescriptive requirements so that large family day care centers can occur in the single family residential zone, residential hillside zone, agricultural single family and residential duplex zones. She stated multi-family, single family residential cluster and planned development residential zones will not be included in the ordinance. Ms. Bjurman reviewed the matrix "Large Family Day Care city comparison" as outlined in the staff report. She stated staff is suggesting a change in section 4 of the code to add the words "issued by the Planning commission" after "conditional use permit". Ms. Bjurman noted she has been working with child advocacy groups on this issue and they suggested that the City allow greater than one employee parking. Com. Austin questioned the operation hours. Ms. Bjurman stated there would be a question of enforcement. Mr. Cowan stated the City is following guidelines provided by the State. He noted the state issues the licenses and there are currently 22 licensed large family day care centers within the city. Chr. Mahoney opened the public hearing. Chr. Mahoney closed the public hearing. Com. Harris greater than by staff. stated she would support the suggestion to allow one employee parking and add the change as suggested Corns. Mahoney and Austin concurred. Com. Harris addressed a letter received from a resident expressing concern about noise from a large day care center. Ms. Bjurman PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 8 stated this particular case is isolated and the noise ordinance is available if noise becomes a problem. MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: Com. Harris moved to approved 80,052.2 subject to the findings and subconclusions with the following amendments: section 4, add the words "issued by the Planning commission"; section 5.2, delete the sentence "only one non-resident employee is allowed." Com. Austin Passed 3-0-2 Coms. Doyle, Roberts Com. Harris moved to approve granting a negative declaration. Com. Austin Passed 3-0-2 Corns. Doyle, Roberts 5. Application NO(S): Applicant: Location: 81,151 and 1-EA-94 city of cupertino citywide Amending various sections of Title 17, Signs, of the Cupertino Municipal Code, including regulations for political signs and sign sizes. Staff Presentation: Planner Robillard presented the staff report noting the city council sent this application back for review with the following directions: 1) Modify section l7.32.0l0 to remove the words "except for political signs"; 2) Consider banning all signs from the public rights-of-way. Planner Robillard noted the council expressed concern that the words "except for temporary political signs" encourage people to place political signs in public rights-of-way. Mr. Robillard reviewed the changes to the sections of the ordinance as outlined in the staff report. Chr. Mahoney opened the public hearing. Chr. Mahoney closed the public hearing. Com. Austin stated she does not want to ban signs in the public right-of-way. Com. Harris concurred and believes a greater good is serve by having the community banners. MOTION: Com. Austin moved to approve 81,151 subject to the findings and subconc1usions of the hearing. PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1994 Page 9 SECOND: VOTE: ABSENT: Com. Harris Passed Coms. Doyle, Roberts 3-0-2 The applicanat of item #6 aksed if this item was continued could it be placed at the beginning of the agenda at the next meeting and the commission agreed. 7. Application No(s): Bl,l57 and l6-EA-94 Amendment to Cupertino Municipal Code to add Title 20 regarding the enactment and amendment of General and specific Plans. Staff Presentation: Planning Director Cowan presented the staff report noting the ordinance is designed to incorporate the city's policy with regards to amendment of the General Plan and to create new legislation to enable the City to use the state's specific Plan Law. Mr. Cowan stated they are eliminating the second stage of the general plan review because in the last eight years the city has never used the second stage. He stated if a General Plan amendment is initiated by a private party they will have to pay the fees. Chr. Mahoney opened the public hearing. Chr. Mahoney closed the public hearing. MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: Com. Harris moved to Bl,157 subject to the hearing. Com. Austin Passed Coms. Doyle, Roberts recommend approval of application findings and subconclusions of the 3-0-2 Com. Harris moved to recommend granting a negative declaration Com. Austin Passed 3-0-2 Coms. Doyle, Roberts NEW BUSINESS 8. Cancellation of August 22, 1994 Planning Commission Meeting. Com. Austin stated she would prefer to leave this open and discuss it at the next meeting when all the Commissioners will be present. Mr. Cowan stated staff will contact each individual commissioner. REPORT OF THE PLANNING COMMISSION PLANNING COMMISSION MINlJTES Regular Meeting of June 27, 1994 Page 10 Com. Harris stated she did look at historic homes and they all had specific characteristics. She stated she would like a staff and Historical Society recommendation on historical homes as to which ones should be kept. Mr. Cowan stated they have worked with the Historical Society in the past and will continue to do so. Com. Austin stated the Historical society should list all the historical sites within the city and then prioritize them. Mr. Cowan stated the General Plan encourages the rehabilitation of historical homes. He noted the General Plan says the City should create a historic zoning district. Mr. Cowan stated he will write a letter to the Historical Society asking them to recanvas the City and then the Planning commission can decide whether to create a zoning district. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT - None DISCUSSION OF NEWSPAPER CLIPPINGS - None ADJOURNMENT adjourned at p.m. Having concluded business the Planning commission 10:20 p.m. to the meeting of July II, 1994 at 6:45 Respectfully submitted, ~ tJ.. RUQ.ÝC Catherine M. Robillard Minutes Clerk Approved by the Planning commission at the Regular Meeting of July ll, 1994. ri øt¿ Orrin Mahoney, Chair Attest: ~~ , Kim Smith, city Clerk