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PC 04-25-94 CITY OF CUPERTINO, STATE OF CALIFORNIA l0300 Torre Ave Cupertino, CA 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION MEETING HELD ON APRIL 25, 1994 ORDER OF BUSINESS ROLL CALL commissioners Present: Chr. Mahoney Vice Chr. Doyle Com. Austin Com. Roberts Corn. Harris staff Present: Robert Cowan, Director Development Thomas Robillard, Planner II Vera Gil, Housing Specialist Michele Bjurman, Planner II of Community 1. Application I-GPA-94 and 3-EA-94: Amendment to Housing Element of the General Plan Field Trip to housing sites beginning at 5:00 p.m. Regular Planning Commission Meeting begins at 8:00 p.m. Left the city Hall at 5:05 p.m. Arrived at "Open Door" at 5:35 p.m. Matt Schwartz, Mid-peninsula Housing Coalition, conducted a tour of the development and answered questions from the Planning Commission. Left at 5:50 p.m. Arrived at "The Homes at Almaden Lake" and "Almaden Lake Apartments" at 6 : 20 p. m. Barry Fernald, Devcon Investments, described the project and answered questions of the Planning commission. The Commission toured one of the model units. Left at 6:45 p.m. Arrived at "Flora vista Mixed-Use Development at 7:15 p.m. Planner Robillard described the project. Left at 7:20 p.m. Arri ved at "Trellis square" at 7: 25 p. m. Planner Robillard described the project as an example of an in-fill apartment complex on a major thoroughfare. Arrived at City Hall at 7:45 p.m. SALUTE TO THE FLAG PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 2 APPROVAL OF MINUTES The Commissioners corrected the minutes of April ll, 1994 as follows: Page 3, 4th paragraph, last sentence should read "Further, he asked if there isn't already a provision in the code limiting the parking of vehicles not owned by a resident." Page 10, Motion, condition 2 amended to allow 24 seats. Page 13, 3rd paragraph, 5th sentence add the words "square footage" after "...that much". Page 15, 7th paragraph should read "Chr. Mahoney said he agreed with Com. Harris." MOTION: SECOND: VOTE: Com. Roberts moved to approve the minutes as amended Com. Harris Passed 5-0 MOTION: SECOND: VOTE: Com. Harris moved to continue item #1 Com. Roberts Passed 5-0 WRITTEN COMMUNICATIONS - None POSTPONEMENTS/REMOVAL FROM CALENDAR - None ORAL COMMUNICATIONS None CONSENT CALENDAR 2. Application No(s): Applicant: property Owner: Location: 5-TM-90 (ASA) Lotus Development Same Terminus of San Fernando Avenue TENTATIVE MAP review of landscaping and screening plan in accordance with condition 19B of Application 5-TM-90 3. Application No(s): Applicant: Property Owner: Location: 3-ASA-94 City of cupertino Same Southwest corner of Homestead Road and saratoga-Sunnyvale Rd. ASA review and approval of a conceptual landscape plan for PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 3 public street improvements MOTION: SECOND: VOTE: Com. Harris moved to approve the consent calendar Com. Austin Passed 5-0 PUBLIC HEARINGS 4. Application No(s): Applicant: property Owner: Location: 2-TM-94 and 6-EA-94 Emily Chen Same 19340 Phil Lane TENTATIVE MAP to subdivide a 1.08 acre parcel into 5 lots Staff Presentation: Planner Bjurman stated staff is recommending that this item be continued. The reason being, that staff is requesting, through item 7, the variance ordinance be amended so that the variance and tentative map can be heard at the same time. The Commission decided to go ahead with the item at this time. Planner Bjurman presented the staff report and outlined the site on a site plan map. She presented slides of the site and the surrounding areas. Ms. Bjurman reviewed the trees proposed to be removed and noted an arborist's report was prepared. She stated of the 19 trees proposed to be removed, staff are recommending that four of these be retained. Regarding the historical home, Ms. Bjurman stated CEQA protects homes that are over 100 years old and are of historic cultural significance to a community. She noted the Environmental Review Committee recommends retention of the home. Planner Bjurman reviewed the homeowners associations concerns, as outlined in the staff report. She reviewed the following options to address concerns: 1. Include conditions of development which would address design concerns. 2. Initiate a Planned Development (PD) Zoning District for this parcel. 3. Approve a standard subdivision and combine it with a variance application as described above. 4. Reduce the number of lots to four. This would not address privacy concerns but would address the loss of trees. In response to commissioners questions, Planner Bjurman stated PD zoning has not been discussed in depth with the neighbors and _ PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 4 reiterated that even if four lots, it would not address the tree issue on lot one. She noted that street width and setbacks are within code. Ms. Bjurman presented slides of the Eichler homes and their view of the proposed site. The public hearing was opened. Applicant presentation: Ms. Emily Chen, Developer, stated during the preparation of the tentative map she met with staff, members of the historical society and an arborist. She stated there are two distinct characteristics which make this subdivision difference from other subdivisions, one, there are many trees on this property and two there is a historical home. She stated after talking to the historical society it was agreed by the property owners to keep the historical home on the property. She stated they have no objection to retaining all the trees and agree to retain trees 34, 36, and 37, but added tree II is in the middle of the lot and if not removed the lot would be unbuildable. She noted this tree is very large and branches are very heavy and if construction occurs around this tree it could be dangerous. She noted the size of the homes will range from 2,300 sq. ft. to 3,000 sq. ft. Planner Bjurman reviewed the setbacks required for the proposed subdivision. Ms. Chen reviewed the plans for the historical home and noted they will add an addition to the family room and master bedroom and eventually add a garage. She believes it will fit into the subdivision. She noted there are no plans for adding new trees at this time, but this can be done. Mr. Joseph Schwartz, 620 Phil ct., addressed option 2 as outlined in the staff report and noted the neighbors would like to pursue a rezoning of all parcels in this neighborhood to an R-li zoning district, limiting all Eichler homes single story. He stated two story homes are not compatible with the neighborhood and will cause loss of privacy. He noted if two story structures are permitted they should be required to conform to setbacks as currently written in the code. He stated privacy would be enhanced by minimizing the number of second story windows facing their properties and the planting of additional trees should also be explored. He expressed concern about the impact of construction on the root structures of several large trees on the property. Com. Harris asked what the neighbors opinions are of the historical structure? Mr. Schwartz stated, in general, the neighbors feel once moved it loses its historical value. PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 5 Mr. George Gerner, 721 stendhal Ln., stated he opposes the development as proposed and noted this would not be in keeping with the neighborhood profile. Mr. Gerner stated 94% of the Eichler homes surrounding this property are single story and most of the homes are 50 to 60 percent glass. He expressed concern about privacy and noise if two story homes are permitted. Mr. Gerner presented view graphs outlining the setbacks required in the new subdivision and the setbacks required for the existing homes. He stated he would prefer no two story homes be permitted in the subdivision. He added because the historical society has expressed interest, primarily in protecting the first story, many neighbors feel the historical home has no historical significance because of the additions that have been added and those proposed. He noted the General Plan allows for 4 homes per acre and would like to explore the possibility of having the existing homes rezoned R1-i. Regarding the number of houses per acre, Planner Bjurman stated the General Plan allows for a potential of five homes because of the land area. Planning Director Cowan addressed the State requirement for housing and noted the state does allow maximum density on sites for housing. He added it is a General Plan policy to maximize housing density on all sites. Mr. Forest King, 604 Phil ct., stated his property is adjacent to lot five of the proposed subdivision and concurs with previous speakers comments. He addressed the trees to be removed and noted this contradicts the City's tree ordinance. He added 14 of the 19 trees to be removed are specimen size. Mr. King stated with the increase in lots from four to five it will damage more trees and the setbacks required are not sufficient to clear from the tree driplines nor do they guarantee the preservation of the root systems of the remaining trees. Mr. King noted that many of the trees have been on this property for many years and any development of the property will require the destruction of some of the trees, but feels a compromise can be reached to meet the needs of the developer and neighbors. He noted removal of any of the trees will allow for visual intrusion of the neighbors and stated the purpose and scope of the tree ordinance should be adhered too. Chr. Mahoney asked Mr. King his opinion regarding single story homes and less trees? Mr. King stated with four lots more trees could be saved and single story floor plans would need to be tailored around the trees. Ms. Nancy Burnett, 729 Stendhal Ln., stated that eight homes on stendha1 Ln. back up on to this property and of the eight, six have PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 if Page 6 been occupied by the same family since they were built in 1961. Ms. Burnett addressed the design of the Eichler homes and noted they are becoming popular again. She stated the glass walls are important to the indoor/outdoor qualities. She presented slides showing different models of the Eichler homes in the area. Ms. Burnett addressed the housing element of the General Plan, specifically policy 2-13, 2-15 and 2-l7 and noted four lots should be allowed on this property. She added there is no interest from the neighbors to preserve the historical home on the property. She stated more time is needed to review the options addressed in the staff report and the neighbors need to understand more about the Planned Development. She stated as far as an Eichler one-story overlay zone, the neighbors would like to explore this. Ms. vicki King, 604 Phil ct., expressed concern about the 5ft. side yard setback and noted this will be an intrusion onto their property. She addressed the cupertino General Plan regarding privacy and expressed concern about the noise factor. She stated a summary of concerns raised by the neighbors are as follows: 1. Would like to obtain information on procedures for initiating a change in zoning to Rl-i. 2. Visual intrusion - use setbacks which are consistent with existing setbacks. 3. The proposal for tree removal is in conflict with the city's ordinance. 4. The current City development calls for 4 homes as opposed to five. In response to Chr. Mahoney's question regarding single story homes, Ms. King stated she would accept smaller setbacks if all the homes were single story. Mr. Alan Shak, 603 Stendha1 Ave., stated he will be impacted by the proposed development and urged the Commission to consider the concerns of the neighbors. heavily Planning Ms. Marilyn Phillips, 632 Phil ct., expressed concern about the loss of privacy. She addressed the birds seen on this property and believes some live on this property year round and will lose their habi ta t as a result of the development. She also noted that utility lines are running along fences so the height of trees planted along property lines are limited. She also addressed the 15 ft. easement required along the utility line. Chr. Mahoney asked, other than a planned development, what setback PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 7 conditions can be placed on this development? Mr. Cowan stated he and the city Attorney have asked City council and planning commission over the years not to use the subdivision map act as a vehicle to control housing design as a general principal, including setbacks. He stated the City council has, in the past, imposed special design conditions on subdivision maps. Mr. Phil Zeitman, 22907 Cricket Hill, ClJRB, stated that neighborhood protection was one of the major elements considered during the General Plan hearings. He stated the Planning commission should listen to the neighbors concerns. He believes as many trees as possible should be saved and noted the General Plan calls for four buildings on this site. Mr. zeitman pointed out that there is no park site in this area and if the proposed development is approved, density will increase. Mr. Clement Wang, 906 Hyde Ave., addressed the design of the Eichler homes and noted they have lots of open space. He noted the proposed development will impact privacy of the adjoining homes and added the proposed development should be part of the existing neighborhood. He supports the Rl-i zoning. Mr. Ted Lavine, 706 Stendhal Ln., supports the comments made by previous speakers and would suggest subterranean garages for the homes proposed. Ms. Jennifer chang, 19340 Phil Ln., property owner, outlined the location of the property and noted this is one of the main reasons for purchasing the property. She noted the developer has followed city regulations when developing this site and has a good reputation. She stated they should be allowed to build their homes if all city regulations are followed. Ms. Emily Chen stated she has visited with neighbors and discussed the impacts of two story homes. Several neighbors have no objections. Ms. Chen pointed out the two story homes in the neighborhood. She noted Eichler homes are no longer allowed to be developed because of building codes regarding energy. She noted any removal of trees is the recommendation of the arborist. Ms. Chen stated she is not against the rezoning addressed by the neighbors, but believes the property owners of this site should have the right to build a home according to Cupertino's General Plan. Regarding the utility easement, Ms. Chen stated this is not needed on the rear of the property as it already exists in the front. She noted if one story homes are required, more trees will be affected because of setbacks. In response to Com. Austin's question, Ms. Chen stated she did meet PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 8 with neighbors. Com. Doyle stated neighborhood meetings should be held, but the planning commission should give direction. Ms. Chen stated many alternatives have been considered, but two story homes are needed to retain more trees and they would like the larger homes. Com. Harris addressed the privacy issue raised by neighbors as well as the design of the developers homes. She asked had any thought been given to designing homes with one story homes and a more rustic exterior? Ms. Chen stated the larger the are and noise becomes an issue. be addressed. footprint the smaller the setbacks She believes the privacy issue can Planner Bjurman explained how the density on this site was reached. She stated there is a strong interest to retain the historical home from staff and the Historical society. Mr. Cowan stated the Historical society surveyed the city and listed sites, but this site was overlooked. Com. Doyle stated the Historical society should be present at the next meeting. Ms. Bjurman stated it cost approximately $50,000 to move the house on-site. In response to Com. Doyle's question regarding streets, Mr. Cowan stated private and public streets require the same standards and the question would be the width. Regarding a park site in this area, Ms. Bjurman stated the Parks and Recreation Commission considered purchasing this property for a park, but the funds are not available. Com. Harris stated it is a question of balance, the housing needs of the community, the aesthetics and privacy for neighbors, tree maintenance, appropriate in-fill and the historical interest of the house. with regards to the historical home, Com. Harris stated this has been changed over the years and is not in good condition. She expressed concern about the safety of the house and does not believe it fits in with the plans for the proposed development or the existing homes. She stated in order for this property to be developed it must be economically viable for the developer. Com. Harris spoke in support of option 1, outlined in the staff report, with conditions to include single story homes with larger footprints and the loss of a few more trees. She spoke in support _ PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 paqe 9 of five single story houses with larger footprints. She added she is opposed to rezoning the entire neighborhood to Rl-i, but would have no objection to the immediate surrounding neighbors of this site also being single story. She stated all the houses should be fronted towards the cul-de-sac, and adjust the setbacks accordingly. Com. Roberts stated the developer has worked within the guidelines of city codes, but he feels strongly about the loss of trees and maintaining the integrity of the neighborhood. He spoke in support of option 2, PD zone. Regarding the historical home, Com. Roberts stated with another second story addition, it loses its historical value. He stated if the house is moved, he would like it restored to it's historical condition and would like to hear from the historical society. Com. Roberts stated as many trees as possible should be saved. Com. Doyle does not believe that the historical house needs to be retained, but would like input from the historical society. He stated it is important for the developer and the neighborhood to meet to try and look at ways to develop two story homes and still retain privacy. He stated if single story homes are developed this will have a significant impact on the trees, but noted single story homes may be acceptable if setbacks are not adequate. Com. Austin stated Eichler homes are beautiful and should be preserved. She noted privacy and aesthetics need to be protected, but the developers rights also need to be considered. She spoke in support of five lots, some single story and others two story. She spoke in support of preserving trees 11, 34, 36 and 37. Com. Austin suggested a meeting between the developer and neighbors. Regarding the historical home, Com. Austin stated this house has been added on to and believes it will not fit in with the neighborhood, but would like input from the Historical Society. She spoke in support of PD zoning. She stated she is not in support of rezoning the neighborhood to R1-i. Chr. Mahoney stated this site is in a special location and therefore needs special treatment. He noted he is not in support of retaining the historical home or rezoning the entire neighborhood R1-i. He stated that five lots are acceptable only if they are single story and meet the setbacks. He spoke in support of saving as many trees as possible and spoke in favor of a planned development zoning designation. The Commissioners discussed the possibility of rezoning the immediate homes surrounding the subject site, R1-i. Mr. Cowan suggested asking the Fairgrove neighbors to report at the PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 Page 10 next meeting as to what their preference would be. He stated with the R1-i classification it would be possible for a property owner to submit a use permit to build a second story. Mr. Cowan stated the Commission needs to ask the applicant permission to continue this map. Chr. Mahoney asked the applicant for permission to continue this in order to submit a Planned Development zoning plan? Ms. Chen stated she would like to submit a Planned Development plan. She noted if this is a PD zoning they can retain a private street and leave more room for the lots. She suggested two stories on some lots. Planner Bjurman pointed out that through the Planned Development zoning there are a series of conditions which may be placed on the zoning, including all of the parcels being single story. She outlined other possible conditions and noted each individual purchaser of the lots would be subject to design review. Mr. Cowan suggested removing this item from calendar and readvertise the pre-zoning and Map. Ms. Chen stated she is willing to withdraw the map. OLD BUSINESS 5. Set date for computer simulation workshop There was a consensus to hold the computer simulation workshop on May 25th at 6 p.m. NEW BUSINESS 6. Draft Housing Mitigation Manual Com. Roberts questioned the IO% criteria, Mr. Cowan stated this is stated in the General Plan and can be discussed at the Housing Element hearings. Com. Harris questioned the possible abuse of the in-lieu fee? Ms. Gil stated it does present a problem when a developer subdivides and develops seven units at a time. Com. Doyle asked for a one page summary explaining how the document was developed. Corn. Harris questioned the mitigation requirements regarding PLANNING COMMISSION MINUTES Regular Meeting of April 25, 1994 paqe 11 condominiums. She stated language needs to be written to address the reverse. Staff stated they will work on this. Com. Harris also addressed the criteria for purchasing BMR units. She noted children and parents of cupertino residents should also be given a priority. It was a consensus to continue this item to May 9, 1994. 7. Request to set a public hearing to consider a zoning code amendment to combine applications which contain elements approved by separate reviewing bodies SECOND: VOTE: Com. Austin moved to set a public hearing to consider a zoning code amendment to combine applications which contain elements approved by separate reviewing bodies. Chr. Mahoney Passed 5-0 MOTION: Com. Harris expressed concern about the planning Commission losing the right to review some projects. Mr. Cowan stated this will not be the case. REPORT OF THE PLANNING COMMISSION Com. Harris stated she would like to do tours on a different evening from the regular meeting. Chr. Mahoney reported on the Mayor Luncheon. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT - None DISCUSSION OF NEWSPAPER CLIPPINGS - None ADJOURNMENT: adjourned at at 6:45 p.m. Having concluded business the Planning commission 1l:25 p.m. to the next regular meeting of May 9, 1994 Respectfully submitted, ~ Catherine M. µ . ~os& Robillard