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
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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.
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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
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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
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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