PC 01-28-91
C!.TY 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 JANUARY 28, 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
Michele Bjurman, Planner I
Charles Kilian, City Attorney
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
ABSTAIN:
Corn. Fazekas moved to approve the minutes of the January
14, 1991, as amended
Corn. Mann
Passed 3-2
Com. Mahoney, Corn. Austin
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 1:
ITEM 2:
ITEM 3:
MOTION:
SECOND:
VOTE:
Apo1ication 17-U-90 (Chevron) Staff requests
continuance to the meeting of February 11, 1991
Application 20-U-86 (Amended) (JMB Props.) Staff
requests continuance to meeting of February 25, 1991
Application 16-TM-90 (Sobrato) staff requests
continuance to the meeting of February 11, 1991
Com. Fazekas moved to continue items 1, 2, and 3 to the
dates indicated above
Corn. Mann
Passed 5-0
WRITTEN COMMUNICATIONS:
- None
ORAL COMMUNICATIONS:
- None
-,
PtANNING COMMISSION MINUTES
Regular Meeting of January 28, 1991
Page 2
ELECTION OF OFFICERS:
SECOND:
VOTE:
ABSTAIN:
Com. Mann moved to nominate Com. Mackenzie as Chairman of
the Planning Commission
Com. Mahoney
Passed 4-1
Com. Mackenzie
MOTION:
Nominations for Vice Chairman were Com. Fazekas and Com. Mann, 2
votes for Corn. Fazekas, 1 vote for Com. Mann. Corn. Fazekas was
elected for Vice Chairman of the Planning Commission.
CONSENT CALENDAR:
- None
PUBLIC HEARINGS:
4.
Application No(s):
Applicant:
Property Owner:
Location:
25-U-90 and 42-EA-90
Pacific Gas & Electric Co.
Pacific Gas & Electric Co.
Southeast quadrant of Blaney Ave. and
Homestead Rd.
USE PERMIT for a 16,500 s.f. expansion of existing office and
maintenance building space, with general site improvements,
for an existing utility company service center.
Corn. Mann informed the Commission she would be abstaining from this
application as she had an interest in the Company.
staff Presentation: Ms. Michele Bjurman presented the staff report
stating this is a Use Permit request for a 28,127 s.f. addition
into an existing facility. She revièwed the site plan noting it is
approximately 23 acres. The proposal conforms- to the Master
Development Plan as approved by the Planning commission in 1970.
The basic functions will be administrative offices and
service/storage. Ms. Bjurman explained the additions and their
locations. She noted there are a few areas of concerns: Non-point
Source Pollution, she noted the applicant has been requested to
work with Public Works to identify measures to mitigate any non-
point source pollution. She noted the Environmental Review
Committee expressed concerns regarding the proposed building,
noting the basic function of the building would include minor
servicing, but felt the building was far enough away from residents
to avoid noise disturbance. She noted the City of Sunnyvale
expressed concerns regarding the jobs/housing imbalance and noted
housing on-site would be inappropriate.
In response to Com. Fazekas question regarding Housing Mitigation
Mr. Cowan noted the City council did adopt the Housing Plan which
encourages the use of a mitigation fee and directs staff to prepare
PLANNING COMMISSION MINUTES
R~gular Meeting of January 28, 1991
Page 3
a nexus study to identify the degree of burden placed on the
community by people who create jobs.
A~plicant Presentation: Mr. stan Thomas, Division Manager, PG&E,
noted they were in agreement with staff.
Ms. Pamela Sharkey, Project Architect, requested that the wording
regarding "operating motors" on Cond. 15 be reworded and with
regards to Condo 17 the Blaney Ave. overpass is a difficult item to
be screening the roof. She noted they are not opposed to screening
the operations building but would like to work with staff on this.
The public hearing was then opened.
Mr. Timothy McMahon expressed concerns regarding the hours of
operation and noise level.
Ms. Bjurman noted the hours of operation 7am - 5:30pm Tues - Friday
with occasional emergency use. She noted the residents to the east
of the building, because of distance, should not be effected by
noise.
MOTION:
SECOND:
VOTE:
Corn. Fazekas moved to close the public hearing
Com. Austin
Passed
5-0
Corn. Fazekas stated he would like to see screening of roof mounted
equipment.
Corn. Mahoney stated it should be screened from the Residential
side. Com. Austin expressed concern regarding the noise level and
questioned security.
Mr. Cowan stated the City does have a Noise Ordi'nance with will
regulate noise levels.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
ABSTAIN:
Corn. Fazekas moved to recommend granting a Negative
Declaration
Com. Mahoney
Passed 5-0
Corn. Fazekas moved to
25-U-90 subject to the
hearing with Condo 15
prior to exterior.
Com. Austin
Passed
Corn. Mann
recommend approval of application
findings and subèonclusions of the
modified to add the word "fenced"
4-1
-,
P~.ANNING COMMISSION MINUTES
Regular Meeting of January 28, 1991
Page 4
5.
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 Road, 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 presented the staff report. He
noted this is a re-submittal of an application which was
recommended for approval by the Planning commission, but denied by
the City CounciL The initial proposal showed a five lot sub-
division which would develop the southerly half of Seeber Court.
After review, staff felt the alignment should be changed, but felt
with the need for housing the map be approved. He noted concerns
of the City Council were primarily the design. The proposal at
this time reflects the map which Council denied. Mr. Cowan
explained the setbacks required, which could not be met, and noted
staff is recommending denial at this time.
APplicant Presentation: Mr. Charles Chang, Architect, presented
drawings of the property noting they will share the cul-de-sac with
the existing properties to the north. He noted the size of the
buildings will be compatible with the neighborhood and disagreed
with the 60ft. setback requirement and felt this was not the
current ordinance. He felt this is a good design.
The public hearing was then opened.
Corn. Mann stated she would like to see five parcels and was not
opposed to this application, but would like to see the privacy of
neighbors protected from second stories.
Com. Mahoney noted he had no objections to five lots, if the
traffic issues could be resolved.
The Commissioners discussed the dispute over the setbacks required.
Mr. Cowan stated because of the unique shape of the lot the
setbacks will result in a building area which is less than required
with the floor area ratio.
Corn. Fazekas stated there should only be four lots and would oppose
this application on the width of the street.
Corn. Austin stated she was not opposed to five lots.
concern regarding trees. Chr. Mackenzie stated the
will be protected during construction.
She expressed
specimèn trees
Mr. Owen Tainter, Cupertino, noted that he is opposed to this
project and stated that all the houses should face the court. He
PIÀNNING COMMISSION MINUTES
R~gular Meeting of January 28, 1991
Page 5
expressed concern regarding the traffic. He felt four houses only,
should be allowed.
Corn. Mann stated she would like to see a plan for four lots.
Ms. Kathie Heidenreich, 7723 Seeber ct., spoke in favor of seeing
a plan with four homes. She expressed concern regarding traffic.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
Corn. Fazekas moved to recommend granting a Negative
Declaration
Com. Mann
Passed 5-0
Com. Fazekas moved to deny application 1-TM-91 with the
findings that the lot design is not appropriate and
number of lots should be four
Corn. Mackenzie
Corn. Fazekas withdrew the motion for denial.
MOTION:
SECOND:
VOTE:
Com. Mann moved to continue application 1-TM-91 and 1-EA-
91 to February 11, 1991
Corn. Fazekas
Passed 5-0
NEW BUSINESS:
Application No(s):
Applicant:
Property Owner:
Location:
6.
32-U-85 (Modified)
Forum Life Care, Inc.
Same
Westerly terminus of Cristo Rey Drive
USE PERMIT MODIFICATION to allo~ the skilled nursing facility
and personal care facility to be constructed in two phases in
accordance with condition 26 of Application 32-U-85
Staff Presentation: Ms. Michele Bjurman presented the staff
report. She noted this was a Use Permit modification to allow the
nursing facility and personal care facility to be constructed in
two phases. She noted a condition of approval of the Use Permit
for this application was to allow the applicant to request phasing.
She noted the first phase will be· completed by Fall of 1991 and
second phase will be completed as economic market dictates. Staff
recommends approval.
In response to Com. Fazekas question Ms. Bjurman stated the project
is going forward except for the two portions requesting phasing.
.'.
Corn. Mahoney expressed concern regarding landscaping. Ms. Bjurman
stated the landscaping plan, plant species are drought tolerant,
this would be Xeriscape compatible.
FTANNING COMMISSION MINUTES
Regular Meeting of January 28, 1991
Page 6
Corn. Fazekas suggested allowing the previously approved
landscaping, but the landscaping in phase II should meet Xeriscape
Guidelines.
Chr. Mackenzie suggested a time limit on phase II.
MOTION:
Corn. Mann movèd to approve application 32-U-85 (Modified)
sUbject to the findings and subconclusions of the hearing
with the following modifications: Add Condo 3, Phase II
must be completed within 5 years; Condo 4. A landscaping
plan should be submitted on areas not previously approved
which shall follow Xeriscape Guidelines.
Corn. Fazekas
Passed 5-0
SECOND:
VOTE:
7. Review and endorsement of proposed work program for stage III
of the General Plan Amendment process.
staff Presentation: Mr. Cowan stated the purpose of this
discussion is to establish a design plan process for the General
Plan. Mr. Cowan outlined the major points staff was seeking
approval for at this time; Geographical Scope of the Plan and
pointed out the areas to be considered noting these are areas of
focus. Mr. Cowan outlined the four basic steps involved in the
work plan as explained in the staff report. The first step will be
to look at the trends, discuss possible meeting dates, discuss
trend analysis, what will influence planning. He suggested a
workshop process; second step, defining the alternatives, take
change areas and look at intensity alternatives, evaluate growth
scenarios, discuss market driven alternatives; third step evaluate
alternatives, test alternatives against constraints and values;
fourth step, plan selection, selecting the right alterative and
making it work. Mr. Cowan noted all the major interest groups,
homeowners association etc will be notified of the process. He
suggested work program sessions and then public hearings.
The public hearing was opened.
Mr. Herman Hijmans, observing for the Chamber of Commerce, noted he
is in agreement with staff and stated it is a workable program.
Mr. Cowan stated what was presented· to the
to focus and get started. As the
Commissioners may have new ideas.
commission enables staff
process continues the
Chr. Mackenzie suggested the Commission put together their own
goals of what they want to accomplish by April time frame. Mr.
Cowan stated early in the process the Planning Commission will be
able to define their goals, the intent is to integrate the other
Committees goals with the Planning Commission.
PLANNING COMMISSION MINUTES
Regular Meeting of January 2B, 1991
Page 7
Com. Fazekas suggested a joint session mid April. The
Commissioners agreed on workshops.
8. Designation of Planning Commission Representati ve and
Alternate to the Environmental Review Committee (ERC).
MOTION:
Corn. Fazekas moved to nominate Com. Mann as Planning
commission Representative to the Environmental Review
Committee
Corn. Austin
Passed 5-0
SECOND:
VOTE:
Corn. Mahoney volunteered as alternate.
REPORT OF THE PLANNING COMMISSION:
Chr. Mackenzie noted it had been suggested that a legal seminar
with the City Attorney be held. Mr. Kilian stated the study
session will be 6:30 p.m. on February 11, 1991, but if more than
three people a formal meeting would be held.
Com. Mann suggested a study session before the Planning commission
meeting. Mr. Kilian stated they could not discuss what was on the
agenda the same night. He explained how the city of Sunnyvale held
this type of meeting.
Corn. Fazekas reported on the light rail system.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
- None
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None