PC 11-13-90
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 NOVEMBER 13, 1990
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present:
Chairman claudy
vice Chairman Mackenzie
commissioner Adams
Commissioner Mann
Commissioner Fazekas
staff Present:
Robert Cowan, Director of
Community Development
Mark Caughey, city Planner
Ciddy wordell, Associate Planner
Michele Bjurman, Planner I
Marilyn Noorling, Housing Coordinator
Travice Whitten, Assistant city Engineer
Charles Kilian, City Attorney
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 2: ADDlication 20-U-90 and 39-EA-90 - Applicant requests
continuance to November 28, 1990
WRITTEN COMMUNICATIONS:
Dennis Warner regarding ground water problem
Louis B. Green regarding item 4.
ORAL COMMUNICATIONS:
- None
CONSENT CALENDAR:
- None
PUBLIC HEARINGS:
L
Application No(s):
Applicant:
Property Owner:
Location:
33-U-87 (Amended)
Bethel Lutheran Church
Bethel Lutheran Church
Southwest corner of Finch and Sorensen
Avenue
AMENDMENT OF USE PERMIT to construct an outdoor stage and
seating, install playground equipment, install demonstration
gardening devices and accessory structures for use in
conjunction with church and school activity.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 2
Staff Presentation: Mr. Bob Cowan presented the staff report
describing the location of the property. This particular
application is to change the site plan of the church to allow more
activities. He noted the Use Permit has been involved in at least
five hearings since mid 1970's involving continued expansion of the
church. The applicants are seeking approval for garden boxes which
have been built, a trellis and a 280 s.f. stage for education
activities. Mr. Cowan noted there are storage buildings on the
site which should not be there, but these code violations will
cease when the new structure is build. The neighbors have concerns
regarding the childrens activities. He noted the stage is away
from the neighbors noting the application is conditioned to
eliminate amplified music and to limited the hours of operation to
school hours or the time the church normally has religious
activities. Staff recommends approval.
Com. Mackenzie questioned the Use Permit violations. Mr. Cowan
stated the planter boxes are the basic violations. He noted staff
had allowed the planter boxes to remain.
Applicant Presentation: Mr. Earl Jones noted there are only three
planter boxes as opposed to the six shown on the site plan. He
noted the construction was only the footings. The plan has been
changed to accommodate the neighbors. He noted the gravel on the
play yard will be replaced with sand which will cut down on the
noise.
The public hearing was opened.
Ms. Barbara Myers, 10190 Yoshino Pl. presented photos to the
Commissioners of the site, the planter boxes and the metal shed.
She expressed concern regarding the fence and the gate as well as
the L-shape storage unit as shown on the drawings. She stated they
should be built in accordance with the original application which
have already been approved. She requested restrictions on when
construction can take place and also a completion date. Ms. Myers
noted there are three sheds on the site and asked which two sheds
will be removed.
In response to Com. Mann's question regarding the sheds, Ms.
Bjurman stated the three will be removed when the L-shape structure
is constructed. Mr. Cowan stated ASAC did require a fence to block
the area behind the shed so it cannot be used. He noted a permit
had been issued for the construction of the shed.
Com. Mann expressed concern regarding the on-going code violations
regarding illegal buildings, trash, etc. She felt the stage was a
good idea, but was concerned it would be used at hours which would
impact the neighbors.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page J
Com. Adams noted the stage is acceptable as is the fence and gate.
He expressed concern regarding the removal of the sheds that are
violating codes.
Corn. Fazekas suggested modifying Condo 3 to include 3 sheds and
Condo 2 to add in the gate and fencing between the shed and the
back fence. He supported staff's suggestion regarding the back
half of the stage being solid wood treatment if noise is a problem.
Com. Mackenzie stated he would like to see the site brought into
conformance, with the exception of the planter boxes before a Use
Permit is permitted for the stage. In response, Mr. Cowan stated
a condition could be added to ensure the L-shape building would be
installed first and all code violations removed prior to start of
construction of the gate or play stage.
Chr. Claudy felt the church should be aware of these code
violations. He supported the fence and gate for safety and also
the planter boxes. Chr. Claudy concurred with Com. Mackenz ie
regarding no Use Permit until all code violations are taken care
off.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
2.
Com. Fazekas moved to close the public hearing
Com. Mann
Passed
5-0
Com. Fazekas moved to approve 33-U-87 (Amended) subject
to the findings and subconclusions of the hearing with
the following modifications: Condo 2 the area behind the
L-Shaped shed to be closed off; Condo 3 change 2 to 3
sheds and all existing code violations on the site shall
be removed prior to any construction subject to staff's
inspection, eliminate lighting used in play area except
for safety lights.
Com. Mackenzie
Passed 5-0
Application No(s):
Applicant:
Location:
I-GPA-90 Update of the Housing Element
City of Cupertino
City-wide
Review and update of the background data and pOlicies of the
General Plan Housing Element.
Staff Presentation: Ms. Ciddy Wordell presented the staff report
noting this is a technical update which is consider Stage II of the
General Plan revisions. She stated there is a major policy
direction added to the staff report which will be discussed at this
hearing. Ms. Wordell stated comments from the State Department of
Housing and Community Development (HCD) on the City's draft had
been forwarded to them, they are seeking more detail on the
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 4
programs and also more commitment from the City. She noted the
answers to HCD's concerns were written in the outline as presented
in the staff report. She explained the job/housing ratio noting
the numbers, based on ABAG, raise questions regarding
transportation and housing for people who work in Cupertino.
Regarding regional ABAG housing needs, in 1985-90 the City met
about half the number of housing units which ABAG identified as
meeting the City's share of the need. The City did not meet the
low income housing need. Ms. Wordell went on to explain the
housing needs for 1990-95. Another issue HCD identified was
meeting the emergency shelter needs, staff recommended direction to
amend the zoning district ordinance to allow shelters in the BQ
zone. Staff suggested showing HCD more commitment to higher
density and mixed-use development.
In response to Chr. Claudy's question Mr. Cowan stated HCD wants
def ini te commitments from the city to meet their requirements.
Chr. Claudy questioned looking at geographical regions rather than
just the City. Mr. Cowan pointed out that HCD has a certain number
of requirements for each jurisdiction and the cities are
participating in a rotating homeless shelter.
Ms. Marilyn Norling, Housing and Services Coordinator, went on to
explain the housing programs. The Primary program is the CDBG
fund, she also explained the senior housing fund. For the past two
years the City has been trying to provide housing using the
following: State Density Law; Mixed-use; Fee Waivers. She noted
only 20 affordable housing units have been development over the
last five years which does not meet ABAG goals. Ms. Norling
explained the potential tools for affordable housing. She noted
the state is taking a stronger role in affordable housing and
stressed the need for more apartments. She felt the City has
adequately responded to the HCD and is making an effort to provide
affordable housing.
In response to Corn. Mann's question Ms. Norling stated that park
waivers had been considered. Ms. Norling explained the mitigation
strategy suggested.
Chr. Claudy commented on the mitigation strategy noting the only
one the City could enforce now is require the developer to build
high density.
Corn. Adams stated parking needs to be consider in high density
development, noting there should be some compromise. Corn. Fazekas
noted he would be interested in seeing where 200 units would go,
and if the infrastructure support the housing proposed. Ms.
Norling noted in terms of the number of units one site in the city
current zoning would allow 110 units.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 5
Com. Mann suggested using a parcel of land which the City had just
purchased.
Chr. Claudy stated he is opposed to allowing developers to provide
low cost housing on a site that is already zoned for housing. He
noted the intent should be for the developers not to provide low
cost housing which would be developed at a later time but to
provide low cost housing that would not otherwise be developed.
Corn. Adams asked if it is feasible to convert vacant warehouses to
apartments. He would like to see this explored as a potential.
Mr. Ed. Bloom, 22150 Wallace Dr., Housing Sub-committee, noted the
problem is providing affordable housing when land is so expensive.
Ms. Roberta HOllimon, 11155 Lapaloma Dr., Fine Arts Commission,
noted the Fine Arts Commission has suggested converting industrial
space into artist studios.
Mr. Jim Eller, Westland, asked when considering Mitigation Measure
alternatives, they consider exempting retail development because of
a sales tax base.
Ms. Andrea Harris, 1052 Tuscany Pl., expressed concern regarding
young adults affording housing in the City and this need should be
accommodated.
Mr. Bob Cowan commented on 2nd units, noting this is allowed on all
single family residents in the City, yet in five years there has
only been six units built.
Ms. Nancy Hertert stated that no more expensive housing should be
developed until affordable housing is developed.
Com. Mackenzie considered incremental housing to be more important
than affordable housing. He is not opposed to exempting retail,
but would like to see a numerical analysis of employees, retail as
compared to an office building, and would like to see dollar
amounts regarding sales tax. He question whether housing would be
allowed in all zoning districts. He suggested a sliding scale,
density vs. affordability and also for every expensive house built
an affordable apartment should be built.
Com. Fazekas asked to expand on the inclusionary zoning and what
exactly it entails.
Chr. Claudy suggested developers build smaller and denser units,
which will reduce the cost.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 6
MOTION:
Com. Mackenzie moved to continue 1-GPA-90 to November 26,
1990
Com. Fazekas
Passed 5-0
SECOND:
VOTE:
3.
Application No(s):
Application:
Location:
81,004.151
City of Cupertino
City-wide
Preliminary review of
778 concerning the
significant trees.
proposed amendment of Ordinances 381 and
care, preservation and removal of
staff Presentation: Ms. Michele Bjurman presented the staff
report. She presented two proposals of a draft ordinance to the
commission (Draft A & B). Channel 53 will work with staff to
provide more public information on tree preservation. She stated
draft A is more restrictive than draft B. Draft A retained the
landmark trees and removed the heritage designation. Permits for
chemical application has been removed. Pruning permit, if removing
more than 33 percent of the foliage, has been retained. All
certified arborists will be able to work within the City. Notice
on trees being removed would be required, but an affidavit would
not. A ratio of specific trees protected is included in the
ordinance. If someone were required to retain a tree as part of a
development, a cash or security deposit will be required for each
tree specie. The Protection Plan shall include correct pruning,
maintenance and fertilization methods which ASAC would not review.
In draft B heritage and landmark trees have been removed and it
would include all trees of a certain size. Under the permit
requirements the pruning and chemical application have been
removed. No posting on the tree is required. Under Section 5.1
(e) Tree removal permits would not be required for all non-native
trees. Under both alternatives all trees with a single trunk 10"
diameter as well as multi-truck diameter of 15" would be protected.
All trees that are required under a use permit, tentative map, etc
would be required to obtain a permit for removal under both
alternatives.
Com. Adams questioned which one of these alternatives satisfy tree
preservation. Ms. Bjurman felt alternative B would preserve the
trees. Chr. Claudy pointed out that the owner of the property can
apply for a permit to remove the tree. He expressed concern
regarding individuals removing trees simply because the tree is a
problem to them.
Com. Mann stated protection is needed for the tree after the
developer is finished and the private citizen owns it. Com.
Fazekas stated he would like to see guidelines for removal of the
tree under certain circumstances. Mr. Cowan stated the draft
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 7
ordinance states a tree can only be removed if diseased.
The Commissioners preferred alternate A, keeping the landmark
trees. certain species from alternative B should be added to A.
Com. Fazekas stated it should be a short list which an arborist
dosn't feel it is significant to the area unless it is a landmark
tree.
Com. Mackenzie suggested one set of rules for both commercial and
residential for the protection of trees under the Ordinance.
The public hearing was opened
Mr. Courtney Heater, 1111 Milkyway, urged maximum retention of
heritage and landmark trees. Replacing trees for those removed
should be required. He noted the Tree Ordinance should be
something the community is attracted too. He suggested the
citizens nominating a tree which will be preserved and make this
Ordinance a positive method to retain trees.
Ms. Nancy Hertert stated she was glad to see a Tree Ordinance,
citizens are interested in saving trees. She noted the landmark
tree designation should be retained, but dosn't agree with tagging
the trees. She requested a time period for an appeal if a tree was
permi tted to be removed. She suggested omitting section 5.1
regarding climate and specie of tree.
MOTION:
Com. Mann moved to continue 81,004.151 to November 26,
1990
Com. Adams
Passed 5-0
SECOND:
VOTE:
4.
Application No(s):
Applicant:
Property Owner:
Location:
8-Z-90 and 35-EA-90
Judy Chen
Judy Chen
7359 Rainbow Drive
REZONING of approximately .41 acre gross from R3 (Multi-family
Residential) to peRES) (Planned Development Residential with
a density range of 20-30 du/gr. acres).
Staff Presentation: Mr. Caughey presented the staff report showing
the property outline. He noted this application severely effects
the cities affordable housing needs. He referred to the letter
from the applicants attorney. Although this project will finish
out the Townhome Development started in the block, staff are
concerned regarding the Conceptual Development Plan. He noted the
project does accomplish housing needs, but loses affordable
apartments. Following on some of the discussion begun with the
Housing element, which have to do with developing an alternative of
mi tigation fee production process that would off-set the public
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 8
interest in the loss of the rental units in allowing this project
and others like it to convert from rental to ownership format.
Staff felt this application is a few months premature and suggested
the developer work with staff on developing the mitigation process.
This would then clear the way for the commission to recommend
approval of the rezoning to the planned development which would
allow ownership. The applicant would like a decision at this time,
so staff recommends denial.
In response to Com. Mackenzie's question Mr. Caughey stated if the
Conceptual Development Plan and rezoning were approved it would be
difficult not to entertain a Use Permit application before staff is
ready to address the Housing Impact Mitigation issue. He suggested
holding the process until the Mitigation issue is resolved.
Com. Adams supported staff's recommendation.
The public hearing was opened.
Auulicant Presentation: Louis Green, representing the applicant,
showed photos of the property and surrounding neighborhood. He
noted this project will finish the corner. He noted the building
is older and the architecture is not attractive. He noted this
particular project would not set a precedence as it is already
surrounded by townhouse development. with regards to the
mitigation he noted it is difficult for small projects to bear
mitigation measures. He noted the building as is has noise
problems, is an old building and ought to be dealt with on it's own
merits. Concluding, he stated the applicant would like a decision.
Chr. Claudy asked if the applicant had approached the adjacent
property to discuss developing as a single unitary whole. Mr.
Green stated there were discussions between Landmark and the
applicant regarding the potential of a sale and the possibility of
a joint venture, but the applicant did not feel she was in the
position to get involved in a joint venture.
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to close the public hearing
Com. Fazekas
Passed 5-0
Com. Mackenzie concurred with Chr. Claudy regarding developing the
site as a single unitary whole. He would not be in favor of the
development as proposed.
Com. Adams stated if they were not formally merged it would be
feasible to make an integrated approach between the two that might
satisfy the objectives, but still retain two separate property
owners. Chr. Claudy stated this would be more difficult to
achieve.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 9
Com. Mann expressed concern regarding the lose of 6 affordable
rental units, replacing them with ownership units and only gaining
one net housing unit. She would be in favor of keeping or
enlarging the rental stock at a certain financial level and would
not support the application as is.
Com. Fazekas stated he has seen worse plans than this. He noted he
is supportive of the mitigation measures and would supports staff's
suggestion.
Chr. claudy would support rezoning the property if merged with the
adjacent property. He noted rents are going to go up no matter
what and rental stock is important. He is not in support of the
application as is and would urge the applicant to consider a joint
venture.
Com. Fazekas noted the site plan has serious problems and
questioned the conceptual site plan when rezoned.
Mr. Caughey stated what the Planned Development Ordinance expects
is a three step process: Conceptual Plan setting forth the basic
outline of the building; general configuration of the building and
the general location of parking and open' space, the number of
units; the strategy for controlling off-site privacy impacts.
Mr. Caughey stated that one of the strategies that was discussed
wi th the developer on how to mitigate the loss of affordable
housing was to develope more units and deed some over to the City
for affordable housing. In doing this the City decided they were
working on an ad-hoc basis rather than a systematic basis, staff
decided to hold the project until a strategy would apply to this
situation uniformly and throughout the community. He noted staff
are not opposed to seeing more units on this project assuming that
it will meet other objectives besides just ownership. He noted the
applicant is asking for a density range of 20-35 units per acre
which is consistent with the General Plan designation, staff
recommends 10-20 range to be consistent with the Landmark
Development.
Com. Mann supported adding to the density and deeding excess over
to the city.
SECOND:
VOTE:
Com. Mann moved to continue 8-Z-90 and 35-EA-90 to
December 10, 1990
Com. Adams
Passed 5-0
MOTION:
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 10
6.
Application No(s):
Applicant:
Property Owner:
Location:q
21-U-90 and 36-EA-90
Dale Meyer Associates
Emile Nijmeh
Northeast corner of stevens Creek Blvd.
and Blaney Avenue
USE PERMIT to remodel an existing 97,000 s.f. shopping center
and construct 5,000 s.t. of new office space under the
provisions of Policy 2-31 of the General Plan Land Use
Element.
Staff Presentation: Mr. Caughey presented the staff report. He
noted the request is to rehabilitate the existing shopping center.
The applicant would like to do a comprehensive upgrading of
architecture and an installation of 50 ft. landscaping strip on
stevens Creek Blvd. In doing this the application would like to
take advantage of a policy in the General Plan which allows
shopping centers built prior to 1973 to receive up to 5000 s.f. of
additional bonus floor area credit beyond what they are allowed
under the FAR's. Mr. Caughey pointed out that the question before
the Commission tonight is, are the components of the upgrade in
this particular case sufficient to warrant granting the full 5,000
s. f . bonus? He noted concerns of the neighbors included the
opening of the parking lot between this project and the adjoining
building to the east. Staff also expressed concern regarding this.
Mr. caughey showed drawings of the architectural concept of the
project.
Applicant Presentation: Mr. John Plungy, 20720 Garden Manor ct.,
noted the need for upgrading of the shopping center. He stated the
project has interesting design elements and does not intrude on the
neighbors, who were shown the plans. The only increase in floor
space was the two story center units which will house Qffices.
Mr. Dale Meyer, Architect, stated the problem was they had three
dissimilar buildings and had to come up with an architectural
design that would tie the buildings together. Condo 14 was a
concern and he asked for clarification. Mr. Caughey stated they
will work on this in the building permit stage. Mr. Meyer
commented on Condo 23 regarding building C, stating that if arches
are put on this building one of the problems is the extended height
of the building. He felt the arches would make building C look too
imposing.
Com. Fazekas agreed that the arches were not needed. He suggested
doubling the amount of trees on the site. Mr. Meyer stated this
can be done. Com. Fazekas spoke in favor of the architecture and
asked about the improvement of the existing parking problem.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 11
Mr. Meyer stated two driveways had been eliminated and have
incorporated 90 degree parking, compact parking has been added.
Circulation in and out of the site will be easier.
Mr. John Plungy stated the overflow of parking will go into the
adjoining property. He noted peak use of the office building would
be day time hours and P.J. MUlligan's would be evening hours. Mr.
Plungy noted a correction in Cond. 17 stating there is a dance
floor.
Com. Adams stated there is not as
parking as there was a few years ago.
of removing the Dairy Freeze had been
floor area space elsewhere.
much concern now regarding
He asked if the feasibility
examined thus increasing the
Mr. Plungy stated this had been looked into, but not possible
because of the length of the lease from a financial standpoint.
In response to Com. Adams question Mr. Nijmeh stated that there is
no auto shop on the site, only office space and the vehicles that
have been parked for several months are the result of accidents.
Mr. Caughey stated a separate Use Permit would be required for auto
sales.
In response to Com. Mann's question regarding housing Mr. Meyer
noted, although he is in favor of mixed-use, he felt this was not
a good location for residential property because of P.J.
MUlligan's.
Com. Adams questioned the operation of serv~c~ng. Mr. Meyer stated
servicing can still be done as it is now.
In response to Com. Mackenzie's question Mr.
roof layout stating all roof equipment will
buildings.
Meyer explained the
be screened on all
The Commissioners discussed the architecture.
ASAC was in favor of the project.
Mr. Caughey stated
The public hearing was opened.
Mr. James Cox, 10139 N. Blaney Ave. expressed concern regarding
noise especially from P.J. MUlligan's and also connecting parking
with the adjoining lot. He stated he was not in favor of expanding
this property as there is already too much activity. He expressed
concern regarding the loss of driveways noting it will push more
traffic onto Blaney.
Mr. Plungy stated the only addition is the office space. He noted
there will be a speed bump between the two adjoining parking lots
to discourage car speeders.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 12
Mr. Cowan stated if MUlligan's becomes a problem and enough
complaints from the neighborhood are received the City will contact
ABC and the Sheriff's Department to take care of the problem.
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to close the public hearing
Com. Mann
Passed
5-0
Com. Fazekas suggested moving the driveway from building B to the
center of the project, he noted it may alleviate some of the
circulation problems.
In response to Com. Fazekas concern regarding the adjoining parking
lot, Mr. Cowan noted the intent was to link properties to minimize
u-turns at intersections. It can be opened and if a problem occurs
it can be closed or look at other alternatives.
Com. Adams stated an upgrade to him would have got rid of the Dairy
Freeze and dressed up the corner also to ensure the landscaping
along Stevens Creek Blvd. is compatible with Stevens Creek Blvd
Landscape Plan. He did not feel the proposal warrants the
additional bonus of 5~000 s.f.
Com. Fazekas stated the parking in front on MUlligan's will be
replaced with landscaping, which is a major improvement. Mr.
Caughey stated the four principles used to evaluate the floor area
credit are taken out of the General Plan Policy Land Use Element.
Chr. Claudy stated this shopping center has been significantly
improved with the proposed plans.
Com. Mann concurred with Chr. Claudy Com. Adams questioned the
intent of the use of the patio area. Mr. Caughey stated that
Mulligan's is for overflow area for people waiting to get in and
Dairy Freeze is an existing outdoor eating area.
Com. Mann, Com. Fazekas and Chr. Claudy felt the improvements
warrant the 5,000 s.f. bonus. Com. Adams and Com. Mackenzie did
not. Com. Adams questioned the number of seats in patio areas as
it increases the floor area space which in turn increases the
parking. He concurred with Com. Fazekas regarding moving the
driveway to center of project.
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to recommend approval of 36-EA-90
Com. Mann
Passed 5-0
MOTION:
Com. Fazekas moved to recommend approval of 21-U-90
subject to the findings and subconclusions of the hearing
with the following modifications: Condo 14 to remove any
comments regarding parking on adjoining property; Add
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 13
SECOND:
NOES:
VOTE:
condo to send project to ASAC to approve removal of
Blaney driveway southward and substantially increase
landscaping with trees specifically on the property; Add
condo which would prohibit patio at P.J. Mulligan's from
being covered; Cond. 23 remove the words ..... such as
archways, round windows or tower elements.....
Mann
Com. Adams, Com. Mackenzie
Passed 3-2
7.
Application No(s):
Applicant:
Property Owner:
Location:
14-TM-90 and 40-EA-90
K.W. Engineering, Inc.
Ching-Chen Lin
West side of S. Stelling Rd., approx. 200
ft. north of Seven springs Parkway
TENTATIVE MAP to subdivide approximately 1 gross acre into
five lots ranging in size from approximately 6,120 s.f. to
7,280 s.L
Staff Presentation: Mr. Caughey presented the staff report noting
this was a completion of the Seeber ct. subdivision which was
approved several years ago. Seeber ct. is a public street with a
proposal to provide five lots on the south side of the court.
Staff suggested reconfiguration of lot 4 to enable lot 5 to be
accomplished. Staff also suggested a requirement that lot 1 have
its front lot line designated as the lot adjoining Seeber. He
noted if the project was approved staff will work with the property
owner of lot 3 to have the temporary fire easement abandoned.
Com. Fazekas questioned parking, Mr. Caughey stated flag lots do
not require extra parking. Com. Fazekas questioned the possibility
of the back three lots having extra parking.
Mr. Charles Kilian, City Attorney, noted the request is for a
tentative map and they disfavor putting special conditions on the
recording of a map, this can present some difficulty. He noted if
special circumstances were found you can condition a map on
providing additional parking under the sub-division map.
Avvlicant Presentation: Mr. Kenny Wong noted all parcels meet the
requirement of 6,000 s.f., however, the total frontage on Seeber
ct. and stelling Rd. is not long enough to create all the lots that
have 60 ft. minimum frontage at the 20 ft. setback. He noted the
reason parcel 4 being created was to gain an additional housing
unit. He noted the two existing houses will be removed. A 50 ft.
right of way will be completed on Seeber ct. and improvements on
stelling Road made with the development. Mr. wong noted they will
work with Public Works regarding the sidewalk around the pine trees
on lot 2. They agreed to install curb and gutter, street lighting,
a fire hydrant and other underground utilities needed.
PLANNING COMMISSION MINUTES
Regular Meeting of November 13, 1990
Page 14
The public hearing was opened.
Mr. Owen Tainter, 7731 Seeber ct. expressed concern regarding the
width of the court, noting there will be extra traffic with the
development and a fire truck would not get down the court if
traffic was parked on both sides. He felt it should be compatible
with the original plan.
Mr. Travis Whitten, Assistant city Engineer, stated the City
standard is 30/50 ft. width for a court and noted this is what was
indicated in the original subdivision.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Adams moved to close the public hearing
Com. Mann
Passed
5-0
Com. Adams moved to recommend granting of a Negative
Declaration
Com. Fazekas
Passed 5-0
Com. Mann moved to recommend approval of 14-TM-90 subject
to the findings and subconclusions of the hearing
Fazekas
Passed 5-0
8. Proposed cancellation of December 24, 1990 Planning commission
Meeting.
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to cancel December 24, 1990 meeting
Com. Fazekas
Passed 5-0
REPORT OF THE PLANNING COMMISSION:
-None
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
Mr. Cowan reported on the City Council meeting. Council supported
the Sobrato Development, but want to see housing mitigation.
Special study session on Westfield on Nov. 27, 1990. Council
suggested an economic study and hired Lynn Sedway & Associates to
look at the issue of what effect the expansion Vallco Parkway is
going to have on the City. Mr. Cowan noted the city Council has
approved an Ordinance which gives the Director of Planning the
ability on a urgency basis to approve temporary Use Permits.