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PC 02-11-91 CITY OF CUPERTINO, STATE OF CALIFORNIA 1d300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON FEBRUARY 11, 1991 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman Mackenzie Vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austin staff Present: Robert Cowan, Director of Community Development Mark Caughey, city Planner Travice Whitten, Assistant city Engineer Charles Kilian, city Attorney APPROVAL OF MINUTES: MOTION: Corn. Fazekas moved to approve the minutes of January 28, 1991, as amended Corn. Mann Passed 5-0 SECOND: VOTE: POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1 : A¡;mlication 26-U-90 (Chao) : Applicant requests continuance to meeting of February 25, 1991 ITEM 4 : Aoplication 16-TM-90 ( Sobrato) : Staff requests continuance to meeting of February 25, 1991 MOTION: Com. Fazekas moved to continue items 1 and 4 to February 25, 1991 Com. Mahoney Passed 5-0 SECOND: VOTE: WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None -, PLANNING COMMISSION MINUTES Règular Meeting of February 11,1991 Page 2 CONSENT CALENDAR: 1. PARCEL MAP 2-nl-89 - Doug Chang: Request for a one year extension of a Tentative Map for a two lot single family subdivision located on Rae Lane West of Hyannisport Drive. MOTION: SECOND: VOTE: Com. Fazekas moved to approve the consent calendar Com. Mann Passed 5-0 PUBLIC HEARINGS: 2. Application No(s): Applicant Property Owner: Location: 17-U-90 and 25-EA-90 Cheveron Research/Technology Co. Cupertino De Oro Club Northeast corner of Homestead Rd. and De Anza Blvd. USE PERMIT to demolish an existing service station and reconstruct a new self service fuel station with 1,500 s.f. of building area encompassing a food market and car wash, with related site improvements. Staff Presentation: Mr. Caughey gave an overview of the past December hearing and reiterated the Commissioners concerns at that time. He noted the major changes have to do with the configuration and design elements. The site plan has been revised and the car wash has been moved to the north to preserve the landscaping on the east. Mr. Caughey explained the changes in the architecture noting the flat metal roofs have been changed to a pitched red tile format in a gable fashion to establish a context with the surrounding neighborhood. Staff felt wood facia, details, wood wrapped columns and corbel could also enhance this building and would like the applicant to look into this. He noted there has been a reduction in width of the driveways. The developer has requested to selectively retain one or two specimen trees and plant younger trees more adaptable to the climate. The project noise study suggested that either a 12 ft. sound wall along perimeter or a wing wall on either side of the car wash and hours of operation should be 7am to 10pm to mitigate possible noise problems. Mr. Caughey noted the applicant has added additional landscaping on the Homestead frontage as well as on the north side. Staff suggested 24 hour use be prohibited. Corn. Austin expressed concern regarding planting more tress and suggested saving what was there. Mr. Caughey noted the pavement would come up to the trunk line and a 10ft. space is needed to preserve the trees. -, Corn. Austin expressed concern regarding hours of operation and the trips generated with this project. In response, Mr. Caughey stated PLANNING COMMISSION MINUTES Rëgular Meeting of February 11, 1991 Page 3 an extraordinary use policy was passed two years ago and the commission can determine if the 19 trips are acceptable. Applicant Presentation: Mr. Mike Mannis noted the concerns of the Commissioners. He noted the car wash has been moved and wing walls will be placed adjacent to it. The trash enclosure has been relocated, which has created an additional parking space. He noted the bus turnout is adequate as the driveways have been narrowed. He noted the revised plan contains over 30 petcent of landscaping with the retention of two pepper trees. He noted they will adhere to the arborist report regarding the removal of trees. Mr. Mannis explained the architecture noting the spanish style roof and stucco texture. He is in agreement with staff regarding the hours of operation, but would still prefer 24 hour operation. He feels the project is good and is compatible with the surrounding neighborhood. In response to Corn. Fazekas' question Mr. Mannis stated concrete tile would be used and the sound wall will be approximately 8 ft. high. Corn. Fazekas expressed concern regarding noise from cars waiting for the car wash. Mr. Mannis felt this noise would not be significant. Mr. Bill Dobbs, Acoustical Consultant, noted several noise studies have been done at this site. The hours 7 am - 10 pm are standard for the city. By moving the car wash to the north there is a noise reduction. He noted under the umbrella of noise from the streets the cars waiting for the car wash will not be significant. He noted the sound wall will be beneficial to the apartments. In response to Corn. Mann's question regarding sound proofing of the car wash, Mr. Dobbs did not believe ,this to be necessary. The public hearing was opened. Com. Austin questioned the parking. Mr. Caughey noted there are six parking spaces which he pointed out on the site plan. He noted the vacuum pack located next to one of the parking spaces will have to be addressed. Mr. Mannis stated they would like to keep the vacuum pack, which could be sound proof. Chr. Mackenzie suggested changing'the facia on the canopies over the pump irons which may make it more compatible with the De Oro Club. Mr. Caughey noted whatever architectural theme is chosen for the pump irons should be replicated on the car wash and snack shop. Mr. Mannis noted Portifino project. project. they He had followed the architecture of the felt wood trim would not enhance this PJ~NNING COMMISSION MINUTES Regular Meeting of February 11, 1991 Page 4 Corn. Mann suggested a combination on the steel posts and splash guard at the bottom. Mr. Mannis felt this is not feasible. Ms. Doris Hijmans, De Oro Club, noted they are not interested in having the gas station look like the De Oro Club and noted they are in agreement with Chevron regarding the removal of any trees. Chr. Mackenzie closed the public hearing. Corn. Mann did not support the architecture and would like to see fewer pumps on the site. She also noted concern regarding the two driveways and the bus turnout noting there could be traffic problems. Two rather than three driveways is preferred. Com. Mahoney noted this project looks good, but needs a little more work. He expressed concern regarding parking. Com. Fazekas supported the basic concept of the site layout. He noted two driveways on Saratoga-Sunnyvale road are acceptable. He would like to see more trees on Homestead and Saratoga-sunnyvale and dense tree planing on the north property line. He noted the stucco and clay tile enhanced the appearance noting the facia should be stucco, he concurred with Corn. Mann regarding splash guard on the columns. Com. Fazekas noted the sound wall should be 10 ft. - 12 ft. Corn. Austin stated there is too much activity on the property and not enough parking. She suggested the removal of the food mart. She felt 7 am is too early and suggested Barn or 9am and felt the architecture is acceptable. Chr. Mackenzie would like to see more stucco along the facia and concurred with Com. Austin with regards to too much activity. He felt the columns are acceptable as presented as were the hours of operation. Corn. Fazekas stated he did not see parking as a problem; people purchase food while refueling. The Commissioners decided to review the architecture at a later hearing with suggestions to carry the stucco theme throughout the site and scale up the columns. chi. Mackenzie requested that more sound studies be done. Also add a condition giving direction to ASAC regarding the trees. MOTION: Corn. Fazekas moved to continue this application to the meeting of March 11, 1991 Com. Mann Passed 5-0 SECOND: VOTE: PL^NNING COMMISSION MINUTES Regular Meeting of February 11, 1991 Page 5 3 . Application No(s): Applicant: Property Owner: Location: 1-TM-91 and 1-EA-90 K.W. Engineering, Inc. Ching-chen Lin West side of S. Stelling Rd., 200 ft. north of Seven Springs Parkway TENTATIVE MAP to subdivide approximately 1 acre into five lots ranging in size from 6,100 s.f. to 7,200 s.f. Staff Presentation: Mr. Bob Cowan stated staff did receive a map of a four lot subdivision, but had since received communication informing staff that the map had not been preparèd by a civil engineer. He did note the applicant still requested a hearing on the five lot subdivision as held at the last hearing. Mr. Cowan pointed out that the city standard for a street is a 50 ft. right- of-way with 30 ft. of pavement and staff would support this. Applicant Presentation: Mr. Charles Chang presented a petition to the Commissioners requesting a five lot subdivision. He noted 4 or 5 lots will not make much difference to traffic. He felt the 5 lot was the best design. Mr. Chang showed pictures of the houses proposed comparing with others in the neighborhood, the vesting is similar to surrounding property. He noted more trees can be preserved with the five lot subdivision. The public hearing was opened. Ms. Patsy Luniewski, 7624 De Foe Drive, noted she was not opposed to the five lot subdivision and spoke in favor of planted parking strips. Corn. Mann stated she was not opposed,to five lots. Chr. Mackenzie stated there were still three Commissioners opposed to this. Mr. Joe McDonald, 1305 S. Stelling Rd., spoke in favor of the five lot subdivision. He noted traffic problems already exist and the additional subdivision will not have any impact. Corn. Fazekas stated he was not opposed to five lots, but was concerned regarding the width of the street and would like to see smaller houses. Corn. Mann stated she would like to see parking strips with grass. Mr. Michael Chang noted he is opposed to four lots. He also stated more trees will be preserved with the five lot sUbdivision. Chr. Mackenzie closed the public hearing. '., PLANNING COMMISSION MINUTES R~gular Meeting of February 11, 1991 Page 6 MOTION: SECOND: VOTE: MOTION: SECOND: NOES: VOTE: Corn. Fazekas moved to recommend granting a Negative Declaration Com. Mann Passed 5-0 Corn. Fazekas moved to recommend approval of application 1-TM-91 with the five lot sUbdivision subject to the findings and subconclusions of the hearing with the following modifications: delete Condo 17; delete 1st paragraph of Condo 18 and add two additional findings: five lot subdivision with smaller homes; Traffic does not prove to be a serious impact. Corn. Mann Chr. Mackenzie, Com. Austin Passed 3-2 Application No(s): Applicant: Property Owner: Location: 5. 1-Z-91 and 2-EA-91 Catholic Foreign Mission of America Same 23000 Cristo Rey Drive, South of 1-280, West of Foothill Blvd. REZONING approximately 29 acres from County (A) Agricultural to City of Cupertino BQ (Quasi-Public Building) or other such zoning as deemed appropriate by the Planning Commission or ci ty Council Staff Presentation: Mr. Bob Cowan pointed out the property proposed for rezoning. He noted Maryknoll is reconstructing their building after the earthquake and need to upgrade the water system to provide sprinkler systems etc. It is city policy and Board of Supervisors Policy to require anne~ation to link into the City water system, this is the issue of the application. He noted the property has to be pre-zoned and staff is suggesting Quasi-public. Any further expansion of the facility will require a Use Permit Applicant Presentation: agreement with staff. Mr. Hansen noted the applicant is in The public hearing was opened. Ms. Nadine Grant, 10463 Heney Crèek, questioned the zoning and expressed concern regarding future development potential. She suggested dealing with the water issue rather than zoning. Chr. Mackenzie explained that they cannot deal with the water issue until the property is annexed and it cannot be annexed until the property is pre-zoned. -. Mr. Phil Zeitman, 22907 Cricket Hill, expressed concern regarding re-zoning and potential residential development. He noted a long pr~NNING COMMISSION MINUTES Regular Meeting of February 11, 1991 Page 7 term plan is needed for this area and needs to be protected from scattered growth patterns. He suggested that any re-development be included in all of the General Plan's restrictions. Chr. Mackenzie closed the pUblic hearing. MOTION: Com. Fazekas moved to recommend granting a Negative Declaration Com. Mahoney Passed 5-0 SECOND: VOTE: MOTION: Corn. Fazekas moved to recommend approval of application 1-Z-91 subject to the findings and subconclusions of the hearing. Corn. Mann Passed 5-0 SECOND: VOTE: 6. Application No(s): Applicant: Property Owner: Location: 28-U-90 Terry Brown Carl Brown and Martha Kanter East side of Scenic Blvd,. 200 ft. south of Palm Ave. USE PERMIT to construct a 3,500 s.f. single family residence in a Planned Development residential zoning district. Staff Presentation: Mr. Caughey stated staff has two concerns regarding Floor Area Ratio and setbacks. The ceiling height of the lower area which measures 8 ft., the developer indicated it is 6 to 7 ft. which results in the area not be counted in the FAR. He noted the developer has the option to keep the height at 8 ft. as shown on the plans or reduced it, if ,reduced the setbacks will not be an issue. He noted if the height was not reduced the project would still meet all requirements with minor adjustment to the roof pitch. Ap1;Jlicant Presentation: Mr. Carl Brown, 10184 Parkwood Dr., stated they needed a house with wheelchair accessibility and having difficulty finding one they decided to build one. He noted the house was designed to preserve the existing trees on the lot. Mr. Terry Brown, 10230 Scenic Blvd'., noted it was their intention to make the setbacks, heights, etc. meet the R-1 standard. He noted there is no basement in the current plan, but the owners would like the option as some point in the future to add living space. The public hearing was opened. Chr. Mackenzie closed the public hearing PLANNING COMMISSION MINUTES Regular Meeting of February 11, 1991 Page 8 , ~ MOTION: Corn. Fazekas moved to recommend approval of 28-U-90 subject to the findings and subconclusions of the hearing. Com. Mann Passed 5-0 SECOND: VOTE: NEW BUSINESS: 7. INTERPRETATION request from Paragon Design, the appropriate General Plan residential applicable to Parcel 316-32-48. Inc. concerning density range staff Presentation: Mr. Cowan pointed out the property on the city zoning map, it is presently zoned Al-43. The owner of the multi- family development would like to expand into this area. He noted the question is what was the intent of the General Plan and how to interpret the boundary lines? staff is proposing the mUlti-family zoning because of the need for housing, but do recognize the General Plan Policy to protect single family homeowners from adjoining higher development. He noted staff could make the finding that the apartment complex could expand into this area as long as privacy intrusion issues were met with future development. He noted there is no access to single family residence in this area. Applicant Presentation: Mr. Terry Martin, Paragon Design Group, noted they had no objection to placing the proposed development up against the freeway, with the setbacks and sound wall there would be a good sound buffer against the freeway. He requested 1.5 parking spaces per unit. The public hearing was opened. Mr. Gordon Hampton stated he is opposed to high dènsity in the area and noted concern regarding privacy intrusion and limited access to the property. Mr. Hampton also expressed concern regarding traffic problems and property value of the single family homes in the neighborhood. He noted the area according to his calculations is .595 acres and not .72 acres as written in the staff report. Mr. Hampton commented on the proposed resolution and suggested the following: 1. Base on .59 acres and density not to exceed 10; 2. Should be single story, if two story they should be placed far enough away from current residence to avoid privacy intrusion; 3. Efficiency is not the issUe. In response to Corn. Fazekas question Mr. Hampton stated normal setbacks for one-story homes would be acceptable. Ms. Nancy Tressel, 10642 N. Portal, expressed fire hazard and accessibility for fire trucks. should be covered to reduce noise. concern regarding She stated parking PLANNING COMMISSION MINUTES R~gular Meeting of February 11, 1991 Page 9 Mr. Terry Martin noted that fire hazard is not an issue as the site meets with the Fire District standards and the sound from cars will be minimal. Mr. Richard Capiola expressed concern regarding the density and is opposed to high density in this area. Chr. Mackenzie closed the public hearing. In response to Corn. Austin's question Mr. Cowan stated the state requires the city to adopt a housing element for all segments of the community. Mr. Charles Kilian, city Attorney, stated that a 25 percent density bonus, if low and moderate income housing is proposed, is required by state law. Corn. Fazekas noted because of this specific site he would support apartment density, but should correspond to the density on the adjacent site. MOTION: Com. Fazekas moved to accept staff's resolution deleting findings 2, 3 and 4. Corn. Mahoney Passed 5-0 SECOND: VOTE: 8. INTERPRETATION request from A-1 Top Hat Limousine service to consider whether a limousine service with on-site parking of commercial vehicles is an allowed use in a Planned General Commercial zoning district. Proposed location is 10321 So. De Anza Blvd. staff Presentation: Mr. caughey stated the issue is parking vehicles on-site during non-business hours. He noted it is a business office and if more than one vehicle is parked during non- business hours a Use Permit is required which woulâ give staff the opportunity to regulate the number of vehicles on site as well as the operating hours. Chr. Mackenzie stated the issue is not only for this site. Mr. Caughey stated it should be treated the same as a car rental business. The Commissioners concurred that a Use Permit should be required. REPORT OF THE PI.ANNING COMMISSION: Corn. Austin expressed concern regarding street cleaning and noted if any changes in times are made citizens should be notified. · PLANNING COMMISSION MINUTES Regular Meeting of February 11, 1991 Page 10 '- MOTION: Com. Mann moved to accept Resolution 4322 honoring John Claudy for his service on the Planning commission and Resolution 4323 honoring victor Adams for his service on the Planning commission. Com. Fazekas Passed 5-0 SECOND: VOTE: Chr. Mackenzie noted there had been discussion for a change of time for the Planning commission meeting and asked that it be agendized. The Commissioners agreed on 6:45 p.m. as opposed to 7:30 p.m. and asked a Minute Order be sent to City Council requesting this change. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: Having concluded business, the Planning commission adjourned at 11:10 P.M.· to the next Regular Meeting of February 25, 1991 at 7:30 P.M. Respectfully submitted, ~ t-\. ~O--fol Catherlne M. Robillard, Recording Secretary Approved by the Planning commission at the Regula Meeting of February 25, ~ 1991 , Don lrman Attest :., / D