PC 08-14-89Commissioners Present: Chairman Adams
Commissioner Sorensen
Commissioner Szabo
Staff Present- Robert Cowan, Director of Planning and Development
IC.A.r, ry katmer, City Planners
Leslie Lo pe
z, Deputy City Attomey
APPROVAL OF MINUTES:
MOTION: Corm. Sore n moved to. approve Minutes ®f the Regular Meeting of July 249
1989, as presented.
SECOND: Com. Mackenzie 3-0
VOTE: passed
POSTPONEMENTS OR NEW AGENDA ITEMS:
o Cogan noted the following requests for Continuances of apndized Items.
9�90
10 Applieati®fl; 893� -89Ast �
, ltu
M 20 Application 13-U-89y 14=IEA 89y Sobrato Developments to Sept6ailber b 1y 19S9e
ITEM �o Applm�atm®� 1�0�0899 ` bi4 Smlvermay Applicant, to Au 24Sy 1989
ITEM 6: Application 18-U-89, Cupertino Restaurants, Inc., to Sdpwifiber 11y 1989a
MOTION: Com. Mackenzie moved to Continue Applications 3 - 89y ' 3-M-8.gy M6hdi
Naderaad9 Applicant, and 16-U-899 `ferry Smlvernay Applicant; ¢® August ��y
and to Continue Applications 13-U-89y 14-IEA S9y Sobrat® Development, and
18-U-898 iCdpertino I taurantsy Inc., to September 11, 1989a
SECOND: Com. Soren 3-0
VOTE: Passed
WRITTEN COMMUNICATIONS/ORAL COMMUNICATIONS:
Nodes
CONSENT CALENDAR: ,
None:
PUBLIC HEARINGS:
ISMS 1. and 20 Continued as previously noted.
PLANNING COMiVIISZ MINUTES
Regular Meeting of August 14, 1989
Page 2
PC-578
PUBLIC HEARINGS Continued
ITEM 3:
Application No(s) 4 V 89
Applicant: Roy and Helen Adzich
Property Owner: Same
Location: 21850 Granada Avenue
VARIANCE to Sections 8.4.2 and 8.4.3 of Ordinance 1449 to allow reduction of the
required side yards for the second floor of a single family home and an
INTERPRETATION to change the orientation of the front yard from north to east.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Categorically exempt
TENTATIVE CITY COUNCII, HEARING DATE: August 21, 1989
Staff Presentation: Mr. Cowan reviewed the Application and presented an aerial map. In
response to Com. Mackenzie's question, he stated that this property was not conventional
zoning but rather Planned Development, which was different from another application
recently heard by the Commission; he confirmed that a .45 FAR would be maintained.
In response to Com. Szabo's question regarding the possible visible intrusion, Mr. Cowan
reviewed the aerial map and discussed the possible impacts to adjacent properties.
Applicant's Presentation: Mr. Roger Griffin, Paragon Design, stated that an additional 5
ft. setback could be provided on the north side if an interior stairwell landing did not have
to be accommodated; this stairwell was hidden in the roofline. He agreed that the south
side of the home could have a hip roof, which would reduce its impact.
In response to Com. Sorensen's question, he noted that the Applicant's were developing
the adjacent property to the north and thus had control over the situation. Requiring a 15 ft.
setback on both sides of the addition would result in a 9 ft. wide second story element;
such would be inadequate for a room, especially the master bedroom. Otherwise two,
small bedrooms would be built in the narrow addition which would probably result in
greater privacy intrusions since two windows would be required rather than one.
The Public Hearing was then opened. There were no speakers.
MOTION: Com. Mackenzie moved to close the Public Hearing.
SECOND: Com. Sorensen
VOTE: Passed 3-0
Consensus reached that there was no objection to making an interpretation to change the
orientation of the front yard from north to east.
Com. Sorensen agreed with Staff Recommendation to grant the Variance requested; this
was a hardship case due to the narrowness of the lot. However, she asked that the setback
be increased to a total of 10 ft.from the north property line.
PLANNING COMMISSION NfDRJTES
Regular Meeting of August 14, 1989
Page 3
PC _ 578
C11" No[_I� N��.F".�I����� ��� n���nu
Cone Mackenzie stated he had some reservations; however, he would accept, the 10 ft. set-
back on the north property line and allow the interior stairwell to be accommodated with the
inclusion of'a hip roof on the south side. He did not Wish to allow a situation Where the
attic space could later be converted into living space. Ire Cowan responded that a hip roof
design Was the best way to prevent such a modification.
MOTION: Come Sorenson moved to approve an interpretation to change the orientation
of the front yard from north to east.
SECOND: Cone Mackenzie
VOTE: Passed 3-6
MOTION. Com, Sorensen moved approval of Application 4-QI 89.11'subjrct to the conclu-
sions and subconclusions of the Staff Deport and this Hearing per the Model
Resolution; Conditions 1=4y adding a Condition 5. to require a hip roof on the
south side of the home.
SECOND: Com. Mackenzie
VOTE: massed 3_0
MM 4 continued as previously noted.
ZTEM 5a
Application No(s). -MAmoded)
Applicant. lea �; �UdttadallPo
Location: Northwest �PneL l_.an= Drr "and Parlett Pl.
Amendment to the conditions of the approved subdivision to allow use of the existing
second floor enclosure.as habitable space.
FIRST HEARING
ENVIRONMENTAL DETER NAnCNa Negative Declaration
TENTATWE CITY COUNcEL HEARING Duo August 21, 1989
�t�ff IPPesentation� , ro Harmer reviewed the Application and presented an Area Map and
an Elevation Plam in response to Corn. Szabo}s question, he stated that the ration Iale for the
required landscaping buffer, increased setback and height limitation placed on these parcels
was .that traffic volume from North DeAnza Blvd. would infringe on the neighborhood.
Mr. Cowan added that under the Street Plan Line, streets in the area, including;, Lazaneo
Dr., Were designed for a greater traffic load, Which Would reduce, congestion, On be Anza
Blvd. and Stevens Creek Blvd. The limitation Was intended to protect residents fromnoise°
ApgUgant'�Tacam=Wm None.
The Public Hearing Was then opened. There Were no speakers.
PLANNING COMMISSION MINUTES
Regular Meeting of August 14, 1989
Page 4
PC - 578
PUBLIC HEARINGS Continued
MOTION: Com. Mackenzie moved to close the Public Hearing.
SECOND: Com. Sorensen
Vim: Passed 3-0
MOTION: Com. Mackenzie moved to recommend approval of 18-TM-76 (Amended)
subject to the conclusions and subconclustons of the Staff Report and this
Hearin per the Model Resolution.
SECOND: Com. Sorensen
Vim: Passed 3-0
ITEM 6 Continued as previously noted.
ITEM 7:
Application No(s) 19-Z-67 ' mended)
Applicant: William TilenQerich
Property Owner: Guenadch- et al
Location: Various sites at the Westerly Terminus -of Lindy Ln._
AMENDMENT to existing conditions of contract zoning requiring simultaneous sub-
division of all affected properties.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Negative Declaration
TENTATIVE CITY COUNCEL HEARING DATE: September 5, 1989
�tnff Presentation! Mr. Cowan reviewed the Application and presented an Exhibit B. 1967
a Tentative Map to demonstrate possible access to tdiscussed he�,see ff Report
Background and presented
P
Applicant's Presentation: Mr. William Guengerich, Applicant, had little to add to Staff
Presentation with the exception of assuring the Commission that he had made an effort to
organize the various property owners involved; this was unsuccessful as some of the
owners were not in a position to bear the financial costs involved in complying with the
Conditions under consideration.
The Public Hearing was then opened.
Mr. John Knoff, 21925 Lindy Ln., Cupertino, stated that his property was separated from
the others and had a separate driveway. He requested approval of the request to delete the
Conditions in question. One property sale had not been finalized due to the inability of the
owner to comply with this requirement; the hardship was that the required geologic and
other studies were very costly. -Some property owners could not afford such at this time.
MOTION: Com. Mackenzie moved to close the Public Hearing.
SECOND: Com. Sorensen
VOTE: Passed 3-0
bPLANNING COMMISSION MINUMs
Regular Meeting of August 14, 1980
Pa 5
r� e 57,
PUBLIC HEARINGS Continued
MOTION: COM. Mackenzie moved to grant a Negative Declaration.
SECOND: Com. Sorensen
VOTE. passed
3-0
MOTION: Como Mackenzie moved to approve a resolution recommending.the Amend-
ment of the Conditions Of Approval for 19-Z-67 (Ordinance 3 80) per the
Model Resolution.
SECOND: Cora Sorensen
Vo Massed
3-0
M 8:
Application NO(s) FAIL ,-�e_� . ;: 0ua 1.
Applicant:
L_�e�'.itl�e'6:
�____I l �
ORDINANCE, to amend provisions of the Sign Orden' ance relating to off situ advertising
FIRST HEARING
E ®NME A, D E` ERMINA [I ION: Negative Declaration
TEN'ATfvE CITy COUNCIL HEARING D&Eo September 5, 1989
staff msentatflon° Mr. Farmer reviewed,the' history of this �pplicatione ate added that irfl the Model Inesolutioh, Section 20rdinncefiction ���
read in art '° 0 4 k, ; should be amended to
P 9 Billboard means any oust door advertflsflng sflgne,o'°9
otherwise this definition could be interpret to mean any free-standing sign.
The Public Hearing was then opened.
Mr. Jim O'Neal., Gannett Outdoor Billboard Company, stated that they wished t® work
with the City to resolve the situation. Incident referenced by the speaker, was wherein, a
City of Cupertino work crew inadvertently removed an existing billboard located in the -,'City
of San Jose; subsequent application to the City to install a new billboard was denied' by
Architectural and Site Review Committee.
Mr. Dick Weaver, 21426 Runford Dr.' Cupertfln®, commented that billboards often
provided needed information; he asked that this information be beneficial to City residents.
Com. Mackenzie suggested consideration of limiting billboards to vacant considered in
this context, the density impact would be no greater than if a building were ova -site.
Como Sorensen was favorable to this suggestion; Mr. Harmer responded that such a
restriction could, be added to stale, "Placement of bill -boards shall be limited to Planned
Development vacant lots" and secondly, "At such time as a Building' Permit was: issued
and/or prior to issuance of an Occupancy Kermit, on the parcel being developed, the
billboard shall be removed."
PLANNING COMMISSION MINUTES
Regular Meeting of August 14, 1989
Page 6
PC . 578
PUBLIC HEARINGS Continued
Cam. Szabo stated he did not equate buildings with billboards; the latter represented visual
clutter to him and was an expendable feature as opposed to the need for buildings. He
agreed that information provided on billboards was often superfluous for the residents of
the City; in addition, the number of vacant lots was so small as to make such a requirement
virtually useless. He did not wish to see billboards in the City.
MOTION: Com. Sorensen moved to grant a Negative Declaration.
SECOND: Com. Mackenzie
Vim: Failed, Com. Szabo dissenting
2-1
MOTION: Cam. Sorensen moved to recommend ado tion of an Ordinance amending
Provisions of the Sign Ordinance (No. 746relating of off -site advertising,
Section 2: Ordinance 746 4ZPrtion i n55 amended to read in part, "Billboard
'Billboard' means an „
Conditions to state, y' out door advertising sign..."; and adding
Development f billboaLds shall be limited to Plan
vacant lots" and secondly, "At such time as a Buildino Permit
SECOND: Com. Mackenzie
VOTE: Passed, Com. Szabo dissenting
2-1
Both Motions failed for a lack of three favorable votes.
Cam. Szabo stated he was reluctant to have the Motions fail for lack of a quorum; he noted
the lack of a full Commission which probably would have passed both of the Motions.
Mr. Cowan stated he would communicate such to the City Council at their Meeting.
NEW BUSINESS:
- None
OLD BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
Cam- Sorensen requested information on the Stevens Creek Blvd./De Anza Blvd. site;
Mr. Harmer provided the information requested. Secondly, she noted for the record
that the service station on Homestead Rd. seemed to be complying with requirements
regarding removal of the on -site parked cars.
Cam. Szabo cited an upcoming development and noted the architectural design being
presented for consideration was different than any other design in the surrounding area;
Ms. Lopez advised that this Application not be addressed specifically.
Mr. Cowan suggested the issue of compatible architectural design be scheduled under
New Business of the Agenda.
REPORT OF THE PLANNING DIREC,i'OR:
- Written Report submitted.
PLANNING COMMISSION MISS
Regular Meeting of August 14, 1989
Page i
P - 578
DISCUSSION -OF'NEWSP E CLIPPINGS:
None
ADJOURNMENT: Having concluded business, the ]Manning Commission adjourned at
8:58 RM. to the next regular Meeting of August 28, 1989 at 7:30
Ponta
Resp gully submitted,
Pol A. ®bsv dghey,
Recording Secretary
Approved by the Planning Commission
At the Regulars Meeting of August 28,1989
/sr/ -Victor Adams
Victor Adams, Chairman
/s/ Dorothy Cornelius
Dorothy Cornelius, City Clerk