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PC 04-22-91 CITY 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 APRIL 22, 1991 SALUTE TO THE FLAG: ROLL CALL: Chairman Mackenzie vice Chairman Fazekas Commissioner Mann Commissioner Austin Commissioners Present: commissioners Absent: commissioner Mahoney Robert Cowan, Director of Community Development Michele Bjurman, Planner I Travice Whitten, Assistant city Engineer Charles Kilian, City Attorney Cheryl Kershner, Deputy City Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: ABSENT: VOTE: MOTION: SECOND: ABSTAIN: ABSENT: VOTE: Com. Fazekas moved to approve the minutes of March 25, 1991, as amended Com. Mann Corn. Mahoney Passed 4-0 Com. Fazekas moved to approve the minutes of April 8, 1991, as presented Com. Mann Chr. Mackenzie Corn. Mahoney Passed 3-0 POSTPONEMENTS OR NEW AGENDA ITEMS: - None WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: PLANNING COMMISSION MINUTES Regular Meeting of April 22, 1991 Page 2 1. Application No.(s): Applicant: Property Owner: Location: 15-U-80 Revised Bob varrelmann, AIA Oksana okopnyi 10366 Miller Ave. USE PERMIT REVISION to allow a second story addition above a previously approved first story addition to an existing res·t home. staff Presentation: Ms. Michele Bjurman presented the staff report. She noted this was continued from the April 8th meeting and no changes had been made. She stated the proposal is an amendment to an approved 1st floor plan and a proposed 2nd floor to the existing rest home. At the last hearing the Commission was leaning towards a denial of the additional 2nd floor as the proposed use was not a primary need of the site and did not justify exceeding the FAR. Applicant Presentation: Ms. Oksana Okopnyi, 10366 Miller Ave., stated that to run a business, office space is needed. She noted at this time she does not have any space to meet with relatives of clients and needs privacy. She noted she would be willing to reduce the request from two bedrooms to one, but office space is needed. In response to Chr. Mackenzie's question Ms. okopnyi stated most of her business is managed over the phone, or would talk in the bedrooms. She felt it is not possible to use the employees apartments for meeting with clients. In response to Corn. Mann's question Ms. Okopnyi stated she would be spending most of the time in the office. Ms. Bjurman stated an office is compatible with the use. The public hearing was opened. Chr. Mackenzie closed the public hearing. Com. Austin stated she feels the office space is necessary. Corn. Mann also supported the office space. Com. Fazekas felt the parking is sub-standard and the office space is not a justified use to increase the FAR to 60 percent. Chr. Mackenzie concurred with Com. Fazekas and felt if the office is needed then one of the living quarters should be used. He stated the implementation of the original use is acceptable. Ms. okopnyi stated that this type of business is expensive to run and feels all the bedroom space is needed. PLANNING COMMISSION MINUTES Regular Meeting of April 22, 1991 Page 3 MOTION: SECOND: ABSENT: NOES: VOTE: MOTION: SECOND: ABSENT: NOES: VOTE: Com. Fazekas moved to deny application 15-U-80 Revised with the findings that parking is sUb-standard; high FAR; visual impact of the structure; office use Chr. Mackenzie Com. Mahoney Com. Mann, Corn. Failed 2-2 Com. Mann moved to approve application 15-U-80 Revised subject to the findings and subconclusions of the hearing. Corn. Austin Com. Mahoney Chr. Mackenzie, Com. Fazkes Failed 2-2 Mr. Chuck Kilian, city Attorney stated both motions go down to defeat, therefore the decision is for denial of the application based upon the inability to have a majority of the quorum and both sets of findings will be made records of the Planning commission subject to any appeal. The Commissioners briefly discussed approving the first floor amendment and denying the second floor addition. MOTION: SECOND: ABSENT: VOTE: Com. Fazekas moved to approve application 15-U-80 Revised with the 1st story only and without the 2nd story Com. Mann Com. Mahoney Passed 4-0 NEW BUSINESS: Application No(s): Applicant: Property Owner: Location: 2. 1-U-91 James N. Harrah st. Jude's Episcopal Church 20920 McClellan Road (SjE corner of McClellan and Stelling Roads USE PERMIT to establish a Memorial garden on church property in which to bury human ashes following off-premises cremation. Up to 300 burial sites measuring 12" x 12" proposed. Staff Presentation: Mr. Bob Cowan presented the staff report noting the request is to have a 300 burial site cemetery on the property. It would be 12" x 12" niches. He stated the staff report describes some of the technical issues involved in the burial of human remains. He noted the outside agencies involved have no concerns about the proposal. He stated the City did have concerns regarding landscaping noting they did not want it to look like a cemetery. Mr. Cowan explained the design of the facility PLANNING COMMISSION MINUTES Regular Meeting of April 22, 1991 Page 4 noting there will be no tombstones and the site is isolated visually from adjoining property. He stated the site would only be limited to church members and not open to public, therefore no concerns regarding parking. Mr. Cowan requested a condition stating that the sites be limited to church members. Chr. Mackenzie expressed concern regarding change in use of property in the distant future. Mr. Kilian noted the property owners would be governed to health and safety code sections of the state as well as county requirements of disinternment of grave sites. He noted whatever change in use which may occur would have to be in conformance with the laws regarding disinternment. He noted these types of operations are exempt from state cemetery and health and safety laws, other that health code violations. Applicant Presentation: Mr. James Harrah, 20920 McClellan Road, explained the importance of burial in the Episcopalian Church. He stated there is a desire by many church members to have this Memorial Garden noting they are only looking for the internment of ashes. He noted the site will be dedicated. He stated very few people attend the committal services and does not feel parking would become a problem. In response to Corn. Fazekas question Mr. Harrah stated he has heard of no vandalism or security problems from similar churches with Memorial Gardens in the area. He noted the area will be remote from the street, there is no view from stelling and no view from the south side of the church. In response to Com. Austin's question Mr. Harrah stated there will be no tombstones, but on the west side of the church 3" x 5" plaques will be placed on the wall, containing the name and date of the person. In response to Chr. Mackenzie's question Mr. Harrah stated they are not concerned regarding the future of the church site. He stated he sees no reason why the use of the land will change. The public hearing was opened. Mr. Josf Fair expressed concern regarding the difference in public and private cemetery. Mr. Kilian explained private is limited to church members, but doesn't relate to the size of the Memorial Garden. Com. Austin questioned if the limitation would be to members of that particular church or of the Episcopalian Religion. PLANNING COMMISSION MINUTES Regular Meeting of April 22, 1991 Page 5 Mr. Cowan stated the Use Permit limits land to 1200 s.f. and would be self limiting. Mr, Harrah stated it would be limited to people on the membership list of the church and have no intent of opening this up. Mr. Jim Herpick, 20968 Fairwooods ct., expressed concern regarding visual access from his property as well as other residents. He noted they are not in support of a cemetery and expressed concern regarding property values. He also expressed concern regarding the future use of the site and felt this is a way for the church to make money. Mr. Harrah stated the main sanctuary, which is 40 ft. high is blocking the view of the burial ground from the north. He noted there are also pine trees blocking views. In response to Corn. Mann's question Mr. Harrah stated the internments will be covered with bark or water saving plants. He stated it is not their intent to have it look like a cemetery. Ms. Lavern Black, Fairwoods ct., expressed concern setting precedence for other churches in the city expressed concern regarding property values. regarding and also Mr. Benton Hill, 20915 McClellan Rd., stated that the property owners should have talked to the neighbors. He feels this will set a precedence in the city. He expressed concern regarding the limitation of numbers and future expansion. Ms. Michele Bjurman noted the Planning commission did receive a letter from Mr. Herpick regarding this application. Chr. Mackenzie closed the public hearing. Com. Fazekas did not see any reason why this would set a precedence. He felt the landscape architect and existing site conditions screen the area. He is in favor of the application with the condition of limiting it to church members only and maximum 300 sites. Com. Mann concurred with Com. Fazekas. She felt it was screened well from the street. Corn. Austin concurred with Com. Fazekas. Chr. Mackenzie felt this cemeteries are part of application. is setting a precedence, but felt that a community and would support the PLANNING COMMISSION MINUTES Regular Meeting of April 22, 1991 Page 6 MOTION: Com. Fazekas moved to approve application 3-U-91 subject to the findings and subconclusions of the hearing adding condition 5: Maximum of 300 burial sites and sites would be limited to members of st. Jude's church. Com. Mann Com. Mahoney Passed 4-0 SECOND: ABSENT: VOTE: 3. Application No(s): Applicant: Property Owner: Location: 2-Z-91 & 6-EA-91 city of Cupertino city of Cupertino South side of stevens Creek Blvd. between Byrne Avenue an Scenic Drive PREZONING of approximately 34 acres from Cupertino PRE-FP (Private Recreation) to Cupertino PR (Parks and Recreation), or such other zoning classification as may be deemed appropriate by Planning Commission and city Council. PREZONING of sites identified as 357-10-005 and 357-10-66 from Cupertino PRE-FP (Private Recreation) to Cupertino Rl-7.5 (Single Family Residential) or such other zoning classification as may be deemed appropriate by the Planning Commission and City Council. staff Presentation: Ms. Michele Bjurman presented the staff report stating this is a City initiated application for pre-zoning. It is a two fold request, the first being a pre-zoning for approximately 34 acres of Blackberry Farm from private recreation to Parks and Recreation and the second is two existing single family home sites from private recreation to single family residential. She noted this is a house keeping matter and a follow up to the City's purchase of Blackberry Farm. The General Plan map designation will be amended accordingly as part of the stage III amendment process. The proposal is in conformance with the General Plan Environmental Resource Element of the existing General Plan with reqards to maintaining open space and the Stevens Creek Flood Plain. She noted the city is not currently planning to change any of the buildings. Staff recommend approval based upon annexation approval. In response to Com. Fazekas question Ms. Bjurman stated Blackberry Farm is still in the County as is some of the adjoing residents. Mr. Cowan stated the City cannot forcefully annex the residents. Mr. Travis Whitten stated the City has a long standing policy on annexations of only taking those of which the owners wish to annex. In response to Corn. Austin's concern Ms. Bjurman stated that the site was designated open space by referendum and it could only be change by the vote of the people. PLANNING COMMISSION MINUTES Regular Meeting of April 22, 1991 Page 7 Mr. Whitten pointed out that one of the main purposes for the pre- zoning is to allow the annexation to go forward. The public hearing was opened. Chr. Mackenzie closed the public hearing. MOTION: SECOND: ABSENT: VOTE: MOTION: SECOND: ABSENT: VOTE: Com. Mann moved to recommend approval of a Negative Declaration Corn. Fazekas Com. Mahoney Passed 4-0 Corn. Mann moved to recommend approval of application 2-Z- 91 subject to the findings and sUbconclusions of the hearing. Corn. Fazekas Com. Mahoney Passed 4-0 REPORT OF THE PLANNING COMMISSION: Chr. Mackenzie questioned proper action when a Commissioner is approached outside the hearing. Mr. Kilian stated any Council member has a right not to meet with anyone. He stated they have a right to meet with a property owner if there is something that is not pending before the Planning Commission at the time or is likely to be pending in the near future. If an application comes before the Planning Commission regarding the property owner the Commission must disclose the discussions that took place, so that it becomes part of the public hearing process. Mr. Kilian advised the Commissioners to refrain discussing pending items or items likely to be pending in the near future with the applicant or property owner. He noted there are exceptions to this, the General Plan is a legislative action on the Planning commissions part and therefore it is not a due process hearing, so legally the Commissioner can discuss it with the applicant, but Mr. Kilian advised against this. In response to Com. Fazekas question Mr. Kilian stated the decisions of the Planning commission are based on the evidence presented at the hearing. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: Com. Austin stated in Sunday's paper there was an article on the shortage of apartments, noting this is a problem all over the country and there is going to be a severe shortage in the future.