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PC 07-08-91 ~ITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JULY 8, 1991 ROLL CALL: SALUTE TO THE FLAG: commissioners Present: Chairman Mackenzie Vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austin staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Michele Bjurman, Planner II Glen Grigg, Traffic Engineer Marilyn Norling, Housing Coordinator MOTION: APPROVAL OF MINUTES: SECOND: VOTE: MOTION: SECOND: VOTE: ABSTAIN: MOTION: SECOND: VOTE: ABSTAIN: Com. Fazekas moved to approve the minutes of June 18, 1991, as presented Corn. Mahoney Passed 5-0 Com. Fazekas moved to approve the minutes of June 24, 1991, as presented Com. Mann Passed 4-0 Corn. Mahoney Com. Fazekas moved to approve the minutes of June 26, 1991, as presented Com. Mann Passed 4-0 Com. Mahoney Item 3: POSTPONEMENTS OR NEW AGENDA ITEMS: Item 4: Item 6: ADDlication 8-U-91 John P. Gachina Landscape Marnt. Applicant requests continuance to July 22, 1991. Application 3-V-91 Lewin Kina continuance to July 22, 1991. Staff requests citv of CUDertino. Densitv Bonus Ordinance requests continuance to July 22, 1991. Staff PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 2 MOTION: Com. Mann moved to continue items 3, 4 and 6 to July 22, 1991 Com. Fazekas Passed 5-0 SECOND: VOTE: WRITTEN COMMUNICATIONS: Letter from Ann and Philip Flager regarding item 1. ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 1. Application No(s) Applicant: Property Owner: Project Location: I-GPA-91; 2-U-91 Monta Vista Center/Terry Brown Monta Vista Center Partners N. side of Stevens Creek Blvd., 300 ft. west of Mann Drive (Old MV Hardware site) . GENERAL PLAN amendment to allow residential use emphasis on APN 326-19-117 in lieu of meeting the Neighborhood Commercial use objective for the Monta Vista commercial district stated in the "Function" statement for the Monta Vista Special Planning Area in the Land Use Element. USE PERMIT to demolish an existing retail center and develop 28 semi-detached townhome units on 2.77 gr. acres, and retain the mixed-use 8,400 s.f. commercial/office structure with 10 or more Senior Citizen apartments above on the remaining .84 acres. Staff Presentation: Mr. Bob Cowan presented the staff report. He reiterated the General Plan statement regarding Monta Vista and this project noting he did not feel it is necessary to change the General Plan wording. Mr. Cowan outlined the background of this project noting the question before the Planning Çommission is, would the deletion of Commercial Land Use on the West diminish the Concept of neighborhood commercial use in Monta Vista? He noted major commercial revitalization is not going to work on this site. Small businesses, which would cater to the local needs, is what will work on this site. Mr. Cowan Stated the Land Use plan should be changed as opposed to the General Plan wording. Regarding the Use Permit, Mr. Cowan reviewed the plan as proposed by the applicant and explained the plans for the commercial, residential and senior housing. He feels parking should be provided on site. Staff will work with the applicant to resolve PLANNING COMMISSION MINUTES Rêgular Mêêting of July B, 1991 Page 3 the remaining parking issue. Mr. Cowan expressed concern regarding four parking spaces adjacent to the neighborhood to the north. He noted there are privacy and noise intrusions and suggested they be removed. He noted staff is concerned with the mass of the buildings fronting stevens Creek Blvd. as well as the lack of yard space. Mr. Cowan presented the elevations of the buildings. He discussed density and suggested maintaining the use of duets along stevens Creek Blvd. He noted the opportunity of more yard space. In response to Com. Fazekas' question, Mr. Cowan noted the height of the buildings are 32 ft. Com. Austin expressed concern regarding the mass of the buildings and parking. Chr. Mackenzie expressed concern regarding parking. noted staff feels parking is adequate. Mr. Cowan Mr.· Cowan suggested a General boundary between the Commercial proposed by the applicant. Com. Mann questioned the setback on the east side of. the property. Mr. Cowan explained the cross sections noting there would be 5 to 10 ft. of flat area on the east side. Plan Amendment to reflect the and Residential side, as being In response to Com. Mahoney's question Mr. Cowan stated office use is permitted in commercial areas. Applicant Presentation: Mr. Terry Brown noted the City requested that he consider senior housing for which he has provided 18 security garage parking spaces. He feels the parking is adequate for both the senior housing and retail. He noted if parking is a problem the Planning commission should determine the ratio of parking spaces per unit and he will work with this. He noted he will work with staff regarding the noise and privacy impacts. Com. Fazekas expressed concern regarding the layout of the project and retail failure. Mr. Brown stated the policy of the Monta Vista Guidelines is to put store fronts on the street and the parking behind. He does not feel this is the best layout plan. Mr. Cowan stated if the project is to be approved a condition should be added stating that the streetscape for the commercial buildings should be reviewed by ASAC. In response to Com. Fazekas' question, Mr. Glen Grigg stated stevens Creek Blvd. is not designed for on street parking. PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 4 Chr. Mackenzie questioned limiting the parking spaces to 18? Mr. Brown pointed out the landscape areas on the Site Plan. Corn. Mann expressed concern regarding the lack of landscaping. Mr. Brown presented the parking level plan explaining the limitation. The public hearing was Opened. Ms. Martha Kanter, 10184 Parkwood Dr. #1, stated Cupertino is a diverse City and needs to remain so. She noted accessible housing is needed and the parking seems adequate for this project. She spoke in support of the project. Mr. Carl Brown, development. He disabled people. 10184 Parkwood Dr. #1, spoke in SUpport of the noted more housing is needed for seniors and He felt the bUildings proposed are not massive. Ms. Karen Metzger, 10223 Pasadena Ave., expressed concern regarding the acceptance of the proposed plan. She also expressed concern regarding the developers motives and does not think the developer researched retail use. She feels the site is a viable place to have a grocery story. Ms. Metzger stated office space is in abundance and there is no need for more. She expressed concern regarding residents on Stevens Creek Blvd. and also play areas for children in the proposed plan. Mr. Dick Hayes, 10410 Madeso Dr., stated the architecture on Stevens Creek preCludes retail. He explained his version of retail - space, signs, parking and accessibility. He stated the change will increase density in the area. Mr. Hayes outlined the number of Townhomes vs. Retail space available in Monta Vista, noting more retail space is needed. He feels small parcels will Work and objects to the General Plan change. Mr. Wayne Vucenic, 21840 Stevens Creek Blvd., opposes the General Plan Amendment and Supports local retail stores. He spoke in support of senior housing on site. Mr. Wayne Levenfold, 10120 Pharlap, opposed the General Plan Amendment. He noted failure of retail is due to the poor design of the bUildings. He also noted residents want retail and feels the center should be rehabilitated. He spoke in support of senior housing on this site as well as in other parts of the City. He noted there is too much mass on the site and suggested reducing the number of townhomes. Mr. John Vitale, 21836 Oakview Circle, quoted from covenants and restrictions regarding this property. He expressed concern PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 5 regarding the height of the buildings and privacy intrusions. Chr. Mackenzie informed Mr. vitale that the city does not enforce covenants and deed restrictions. Mr. Patrick Milligan, 10018 Oakleaf Pl., stated he retained an open mind with potential to changing the General Plan, but this should not be done lightly. He noted he will continue to work with staff and the developer to discuss neighborhood feedback. He noted the si te does need improvement. He expressed concern regarding increase density, but is in favor of senior and affordable housing. Mr. Milligan reiterated the Arborist's report noting the Oak trees should be preserved. He showed photos of the site from different views and feels the buildings will be too high. He noted better topographic data is needed. He suggested the developer put up story poles to show the height of the buildings. Mr Milligan discussed zoning and density in surrounding areas and recommended the Planning Commission consider density mitigation. Mr. Milligan noted underground parking with a locked gate is preferable. He presented different configurations of the project, replacing the units will all duplexes, this results in less mass fronting stevens Creek. He suggested 8 units per gross acres with a 30 ft. height limitation. Mr. Edwin Brown, 21852 Oakview Ln., spoke in support of senior housing. He feels the right kind of retail would be successful. He expressed concern regarding density and discussed zoning. He feels the proposed plan is too massive and would prefer duets. He felt the height is inappropriate. He suggested 6 to 7 units per acre. He noted the General Pl<ln emphasizes 2 stories and noted the 4 parking spaces should be removed as stated in the staff report. Mr. Fred Welz, 10038 Oakleaf Pl., expressed concern regarding the lack of thoroughness to make the General Plan Amendment. He noted if the site is to be residential, what terms and conditions will they be under and is it viable to the City? He stated the senior housing has already been approved so this is not an issue. Ms. Ann Anger, President, Monta Vista Homeowners Improvement Association, noted she had worked with the Citizens'Goals Committee and spent time revitalizing downtown Monta vista. She feels a retail center is needed. She expressed concern about losing downtown Monta Vista and wants to encourage more foot traffic in the area. Mr. Roy Hampton, Oakview Ln., noted this is a major policy change and should be treated as such. He expressed concern regarding lack of landscaping and no play areas for children in the proposed plan. He felt lower density would be more desirable. He spoke in support of senior housing and retail. He expressed concern regarding inadequate parking. He noted the existing stores are utilized and PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 6 feels other stores would be too. Mr. Paul Ng, 10009 Oakleaf Pl., noted he has mixed emotions regarding this site. He feels the best use for this site is residential given today's market. He feels there are two possibilities, one to develop as retail or develop as residential. He noted if residential is planned for the site the density should be compatible with the surrounding neighborhood. In response to Com. Fazekas' question Mr. Cowan explained the plan approved by the City Council was primarily remodeling the site, with new commercial and senior housing on the second story. In response to Com. Austin's question regarding state mandate for affordable housing Mr. Cowan stated the City does not have adequate sites set aside for affordable housing. Ms. Marilyn Norling f Housing Coordinator explained the income levels for affordable housing. Corn. Mahoney spoke in support of the General Plan as is. He felt Commercial/Retail should be clarified in the General Plan, but does not see enough data to make a General Plan Amendment. He feels the Post Office needs to be functioning to see the impact on the proposed site. Com. Mann stated she is not in support of a General Plan Amendment and suggested waiting until the Post Office is completed, as this will create foot traffic. She spoke in support of senior housing on site. Corn. Fazekas felt the Post Office will help retail. He noted the townhouses would provide some affordable housing, and higher density is needed for this. He is in support of greater density as long as the neighbors are protected. He suggested a more even split between retail and townhomes on the site and would oppose office space. He also suggested a retail demand study and would like to see a convenience store on the site. Com. Austin stated she would not support a General Plan Amendment at this time. She noted the City does need affordable housing and retail. She suggested apartments with retail on the first floor. Chr. Mackenzie concurred with Com. Fazekas noting he would support more retail than proposed. He expressed concern regarding neighboring residential impact. He suggested postponing this until the overall General Plan change. He feels for this site to work, retail must be disallowed in other areas of the City. He suggested a retail absorption study and stated he is not in support of the General Plan Amendment at this time. PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 7 The Commissioners discussed more retail on the site than proposed. Mr. Cowan suggested the developer come back with a plan providing more retail. Mr. Brown noted the data presented regarding retail was up to date. He felt small retail cannot survive and any other studies will show this. He noted the approved plan has more retail than will be occupied. Corn. Fazekas suggested a Compromise. The two buildings at the end of the driveway on the east be commercial units and the rest townhomes, he noted this would add 5,000 s. f of retail to the space. He suggested 25% commercial 75% residential and noted he would like to see 10 ft. for 1st floor and 15 ft. for the 2nd floor with regards to the setbacks from stevens Creek Blvd. Mr. Brown noted they will consider Com. Fazekas' suggestions. Chr. Mackenzie suggested sending a Minute Order to the City Council for direction. Chr. Mackenzie closed the public hearing on the General Plan Amendment. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Corn. Fazekas moved to recommend granting a Negative Declaration Corn. Mahoney Passed 5-0 Com. Fazekas moved to deny application 1-GPA-91 with the following findings: Too much residential proposed on site; Need more emphasis on retail center; uncertain impacts of Post Office and overall General Plan; lack of retail study. He requested a study involving critical mass requirements. Com. Austin Passed 5-0 Chr. Mackenzie closed the public hearing on the Use Permit Corn. Fazekas expressed concern regarding the 3 ft. front yard setback. He stated stairways are not a good idea on this site. He would encourage the developer to work with staff regarding the site layout. He suggested a village type look for the townhomes with a height limit of 28. ft. He supported the duel entry at the retail and would. like to see the plan pre-approved for a convenience store. Corn. Mahoney expressed concern regarding the height, PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 8 Com. Mann noted concern regarding the high density and would like to see play ar 3.S in the townhome complex. Corn. Austin stated she would support mixed-use with retail on the first floor and apartments on the second floor. She supported underground parking and would like to see the buildings clustered in the middle. She would like the same amount of retail as housing. Chr. Mackenzie noted he did not like the steep roof lines nor the units line up along stevens Creek Blvd. He expressed concern regarding the grade separations across the North side and would like more information on this. Protecting the trees on the West side is important. He supports the duel entrance into the retail portion. Chr. Mackenzie noted the retail needs to be visible from stevens Creek Blvd and suggested putting more retail to the North. MOTION: Com. Fazekas moved to recommend granting a Negative Declaration Corn. Mahoney Passed 5-0 SECOND: VOTE: MOTION: Com. Fazekas moved to deny application 2-U-91 with the following findings: The site configuration is inadequate; structures are overly bulky; too much residential and not adequate retail. Com. Mahoney Passed 5-0 SECOND: VOTE: 2. Application No(s): Applicant: Property Owner: Project Location: 6-U-91, 4-TM-91 and 9-EA-91 Daniel Fuentes Daniel and Sally Fuentes Southeast corner of Grand & Santa Clara USE PERMIT to construct two single-family residences of approximately 2,070 s.f. each. TENTATIVE MAP to subdivide .28 acres (12,080 s.f. gross) into two lots ranging in size from 4,860 s.f. gross to 7,220 s.f. gross. Staff Presentation: Ms. Michele Bjurman presented the staff report. She noted the project is consistent with the General Plan. Ms. Bjurman stated the site is within the Monta Vista zoning guidelines. She noted staff completed a survey of the Monta Vista area showing a number of existing lots of 2200 s. f. .staff is suggesting that through redevelopment additional housing will be constructed on similarly small lots. She noted on-site privacy impacts can be controlled through minimum setbacks and FAR requirements. Staff recommends setting a 50% FAR maximum per resident Ms. Bjurman reiterated comments on the setback PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 9 requirements as outlined in the staff report. She noted there is a rear yard to side yard situation and staff has conditioned the second story of residence B to have clear story windows only. She noted ASAC reviewed the application and express concerns regarding the free standing chimney element. The applicant has agreed to blend this into the structures. In response to Com. Mann's question, Ms. Bjurman stated under a standard conventional single family home there would be a 20 ft. front setback for the first story and the applicant is proposing approximately 11.3 ft. Ms. Bjurman explained the reasons why staff are upholding the setbacks outlined. Mr. Cowan explained the setbacks and the historical concept with regards to the Monta Vista area. Applicant Presentation: Mr. Roger Griffin, Paragon Design Group presented the site plan showing the outline of the proposed two lots. He noted in the future they are looking for a property line adjustment. The homes proposed are smaller than others in the neighborhood. He noted he will comply with staff's conditions. He did not feel the buildings are massive. With regards to the park dedication, Mr. Griffin requested the Planning Commission consider 1 new home and 1 existing, instead of 2 new homes. The public hearing was opened. Ms. Ann Anger spoke in support of the project. Ms. Felicia Angeles, 10290 Mira Vista Rd., noted she is not opposed to the development of the homes, but requested any decisions be held until they resolve a lot line discrepancy. Chr. Mackenzie suggested Ms. Angeles talk with the applicant's engineer. Mr. Griffin improvements. noted the lot line adjustment is for He noted he will work with Ms. Angeles. driveway Mr. Uriol Salazar, 14303 Elva, Saratoga, requested ~y decisions be held until the lot line discrepancy is resolved. Chr. Mackenzie closed the public hearing. Com. Austin expressed concern regarding the FAR and requested the homes be scaled down. Com. Mann suggested the FAR be reduced as the proposals are too massive for the sites. PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 10 Com. Mahoney noted he would support staff recommendations assuming the lot line adjustment does not change anything. Com. Fazekas spoke in support of staff recommendations. Chr. Mackenzie expressed concern regarding the small lot sizes. MOTION: SECOND: VOTE: NOES: MOTION: Com. Austin moved to deny 4-TM-91 with the following finding: The lot sizes are too small. Chr. Mackenzie Passed 3-2 Com. Fazekas, Com. Mahoney Com. Fazekas moved to approve 6-U-91 with an additional condition to read, "the lot line on the south side of the property may be pubject to minor changes as long as the setbacks per the conditions are adhered to". The motion died due to no second. MOTION: SECOND: VOTE: NOES: Com. Austin moved to deny 6-U-91 on the grounds that the Tentative Map was denied Com. Mann Passed 3-2 Com. Fazekas, Com. Mahoney Application No(s): Applicant: Property Owner: Project Location: 5. 2-V-91 Mr. and Mrs Avi Tepman Same 10380 Malver Court VARIANCE to section 8.3.1 of Ordinance 1449 to reduce the required first story setback for an addition to an existing single-family residence. Staff Presentation: Ms. Bjurman presented the staff report. She noted the proposal for the addition would encroach into the side yard setback. Ms. Bjurman reviewed the variance criteria also the applicant and staff's response as outlined in the staff report. In response to Com. Fazekas' question Ms. Bjurman stated the addition can be put in the 20 ft. required rear yard with the 10 ft. rule. Ms. Bjurman noted a letter from Mr. Agustin requesting denial of the project. Com. Fazekas questioned the setback criteria and the angled lot consideration. PLANNING COMMISSION MINUTES Regular Meeting of JulV B, 1991 Page 11 Applicant Presentation: Mr. Avi Tepman stated he wants an addition to the home for his growing family. He noted he bought the property with the understanding they could build on as there is a similar house in the neighborhood. He does not feel there are any privacy impacts. Mr. Tepman noted there is a chimney on the other side of the house and the addition will not fit. Chr. Mackenzie closed the public hearing. Corn. Fazekas feels the criteria required for a variance are met by this applicant. 1. The lot is an unusual shape and the technical problems are because of the grade angle between the size of the house and the size of the property; 2. Given the size of the proposed addition and as it is a bedroom, to place this on the other side of the house would place a financial burden on the applicant; 3. The 6 s. f. -encroachment is not a detriment to the neighborhood. Com. Mahoney concurred with Com. Fazekas. Com. Austin spoke in support of staff's recommendations. Com. Mann does not feel the 3 criteria are met. different configuration could be used. She felt a Chr. Mackenzie concurred with the comments in Mr. Augustin's letter. SECOND: VOTE: NOES: Com. Fazekas moved to approve 2-V-91 with the following findings: The exceptional circumstances are; the configuration of the lot and the existing residence; proposal is necessary because of existing floor plan and a different configuration would be a financial hardship; Small amount of encroachment is not a detriment to the neighborhood. An additional condition stating that the applicant provide proof or obtain a building permit approval for the below grade hot tub that is in a public utility easement. Com. Mahoney Denied 2-3 Chr. Mackenzie, Com. Mann, Com. Austin MOTION: 7. citv of Cupertino: Public Hearing to amend Ordinance 220(1), section 128 regulating Quasi-Public buildings (BQ) to allow rotating shelter programs. Staff Presentation: Ms. Ciddy Wordell submitted a letter to the Commission from the Council of Churches. She noted one requirement in the Ordinance was that the shelter could occur if it did not exceed 31 days in any twelve month period. She noted in the letter from the Council of Churches, some churches are requesting the PLANNING COMMISSION MINUTES Regular Meeting of July 8, 1991 Page 12 shelter for a 2 month period and requested this be changed. staff finds this acceptable. She noted the City is not involved in the funding of this project, but is meeting housing requirement. In response to Chr. Mackenzie's question Ms. Wordell stated there are standards set for this program. Com. Austin requested a report on the churches involved for information purposes. The public hearing was opened. Chr. Mackenzie closed the public hearing. MOTION: SECOND: VOTE: Corn. Mahoney moved to recommend a Negative Declaration Com. Austin Passed 5-0 MOTION: Com. Mann moved to recommend adopting the two month period. Com. Austin Passed 5-0 SECOND: VOTE: 8. ci tv of Cupertino: ADJOURNED PUBLIC HEARING to establish preliminary goals of the Planning commission for on-going review of the City's comprehensive General Plan Amendment process. Chr. Mackenzie adjourned the hearing to a Special study Session to continue item 8 to July 18, 1991. NEW BUSINESS: - None REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None