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PC 09-10-90 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 SEPTEMBER 10, 1990 SALUTE TO THE FLAG: ROLL CALL: chairman Claudy Vice Chairman Mackenzie commissioner Adams Commissioner Mann commissioner Fazekas commissioners Present: Robert Cowan, Director of community Development Mark caughey, city Planner Michele Bjurman, Planner I Travice Whitten, Assistant City Engineer Leslie Lopez, Deputy city Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: ABSTAIN: VOTE: MOTION: SECOND: ABSTAIN: VOTE: MOTION: SECOND: VOTE: Com. Fazekas moved to approve the minutes of the August 13, 1990 meeting, as presented Com. Mann Com. Adams, Com. Mackenzie Passed 3-0 Com. Fazekas moved to approve the minutes of the August 16, 1990 meeting, as presented Com. Mann Com. Adams, Com. Mackenzie Passed 3-0 Com. Adams moved to approve the minutes of the August 27, 1990 meeting, as amended Com. Mann Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1: ITEM 5: westfield - Staff requests continuance to the meeting of september 24, 1990 Tandem computer (Child Care Center) calendar removed from PLANNING COMMISSION MINUTES Regular Meeting of September 10, 1990 Page 2 SECOND: VOTE: Com. Mackenzie moved 1 and the removal of Adams Passed to approve the continuance of item item 5 MOTION: 5-0 WRITTEN COMMUNICATIONS: Malcolm J. Finlayson Barton Ashman ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 2. Application No(s): Applicant: Property Owner: Location: 18-TM-89 (Amended) Larry Miller Larry Miller 11835 Upland Way AMENDMENT to an approved three lot Tentative Map to relocate the building site and access for Parcel Two. Staff Presentation: Mr. caughey noted the applicant is applying for a revision which consists mainly of changing the building location on Parcel 2 to a lower elevation and redesigning the dri veway. Mr. caughey recapped staff's concerns regarding the length of the driveway to serve three parcels and the height of the retaining wall. He stated that staff recommends building pads be designed to reduce grading quantity as a condition of approval. Mr. caughey outlined the concerns regarding trees and the retaining wall as stated in the staff report. He noted the applicant's geologist states the revised tentative map is an improvement over the prior design. In response to Com. Mackenzie's question Mr. Caughey stated there would be no further subdivision of lot 3. The public hearing was then opened MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Adams Passed 5-0 Com. Fazekas stated he would continue to oppose this application stating it is over-grading of a site and there should be more sensitivity to grading. PLANNING COMMISSION MINUTES Regular Meeting of September 10, 1990 Page 3 Com. Mackenzie concurred with Com. Fazekas Com. Fazekas expressed concern regarding the height of the retaining wall. Com. Adams questioned the height of the fill was being added than necessary. wall be staggered up the hill. Chr. Claudy stated that hillside ordinances may need updating. retaining wall stating more He suggested the retaining MOTION: SECOND: VOTE: Com. Mackenzie moved to re-open the public hearing Com. Fazekas Passed 5-0 Mr. Morey Nelsen, Nelsen Engineering, addressed the changes in the tentative map. He noted the height of the retaining wall had been decreased and moved down slope. He noted the amount of cut required had been reduced and pointed out that the grading figures in the staff report related to the roadway and parking areas only. He stated they have no building designs at this time. Mr. Nelsen stated with regards to the height of the retaining wall it can be lowered, explaining there has been significant improvement to the grading. Com. Adams expressed concern regarding the importing of fill. Mr. Caughey stated that the wording in Cond. 22 of the model resolution should be considered. He suggested that the Planning commission or ASAC conduct a review of grading on a lot to lot basis. The Commissioners discused minimizing cut and fill grading. Mr. Cowan stated the main concern of the Planning commission should be the final project as presented in the staff report. He noted the final grading plan cannot deviate too far without coming back to the Planning commission for review. Mr. Morey Nelsen stated the road plans and house plans will be planned simultaneously. Com. Mackenzie stated it was an improved plan and suggested that when the building plans are designed they be reviewed by ASAC MOTION: SECOND: VOTE: Com. Adams moved to close the public hearing Com. Mackenzie Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of September 10, 1990 Page 4 SECOND: VOTE: Com. Fazekas moved to approve 18-TM-89 (amended) subject to the findings and subconclusions of the hearing with Condo 22 modified to add: ASAC review final grading and house plans with direction that step foundation should be used in the design to eliminate as much grading as possible. The exposed retaining wall reduced as much as possible. Parking areas not be placed perpendicular to the contour lines with suggestions from staff to reduce grading. Com. Adams Passed 5-0 MOTION: 3. Application No(s): Applicant: Property OWner: Location: 12-TM-90 Tripiano Construction co., Inc. Mr. and Mrs vincent DiSalvo 20865 McClellan Road TENTATIVE MAP to subdivide a one acre parcel into two lots measuring 0.36 and 0.6 acres respectively. Staff Presentation: Mr. Bob Cowan recapped the denial of application of the Planning Commission and City Council. explained the site as presented in the staff report noting the reason for denial was the location of the driveway. this He main In response to Chr. Claudy's question Mr. Cowan stated Lot A could be decreased, but if approved lot B could be rezoned for no further subdivision. Aoolicant Presentation: Mr. Ron Tripiano, 1264 Brookings, presented photographs to the Planning commission showing the proposed site. He noted if the existing house was to be remodeled it would be too disruptive. Mr. Tripiano explained the condition on the east side. He noted the driveway proposed already existed and needed improvement to bring up to current standards to provide access to lot A. Mr. Tripiano stated the 15 ft. driveway is temporary and if subdivided further will become 30 ft. Mr. Malcolm Finlayson, 10459 Bonny Dr., commented on city Council's denial and concerns. Mr. Finlayson referred to his letter to the Director of Community Development dated September 4, 1990. Mr. Tripiano commented that the Flick property was approved to be subdivided with a 15 ft. access. Ms. Susan Connelly, 10439 Bonny Dr., expressed concern regarding noise of traffic if access road is approved as it is directly behind her property. Ms. Rose Finlayson, in response to Corn. Mann's question stated the existing driveway is rarely used. PLANNING COMMISSION MINUTES Regular Meeting of September 10, 1990 Page 5 MOTION: SECOND: VOTE: Com. Fazekas moved to close the public hearing Com. Adams Passed 5-0 Com. Adams stated the proposed driveway is not acceptable and supports staff's denial. Com. Mann stated the parcels should have been integrated noting the best access would be through Tula Lane but would support the applicant's request. Com. Mackenzie stated there was not enough new information presented to approve the applicant's request. Com. Fazekas stated he was opposed to this request as did Chr. Claudy. They felt the Flick and Disalvo property should be planned together. MOTION: Com. Mackenzie moved to deny application 12-TM-90 with a modification to part b) in the model resolution to read: The proposed lots are inadequate in size and shape to accommodate additional development intensity. Com. Fazekas Com. Mann Passed 4-1 SECOND: NOES: VOTE: 4. Application No(s): Applicant: Property Owner: Location: 15-U-90 and 33-EA-90 Robert H. Lee & Assoc. Union oil of California Northwest corner of DeAnza Blvd. and Bollinger Road USE PERMIT to reconstruct an existing service station, with increase of building area from 1,300 s.f. to 1,950 s.f. staff Presentation: Mr. Mark Caughey presented the staff report. He noted the zoning and general plan consistency as stated in the staff report. Mr. Caughey recapped the Extraordinary Use Policy, StreetscapejLandscapejArchitecture, Use Restriction and Reciprocal Access as outlined in the staff report. He presented the site plan noting the existing double-walled waste oil tank will be retained, but relocated closer to the new service building. He stated that a soils investigation explained contamination had been effectively eliminated or mitigated to acceptable levels. He noted that prior to obtaining building permits the developer must submit their findings to the Santa Clara Valley Water District and obtain a "closure letter" which must be on file with staff. PLANNING COMMISSION MINUTES Regular Meeting of september 10, 1990 Page 6 Mr. Caughey stated the proposed condition 20(a) eliminates parking spaces 4 and 5 at the north end of the site to be replaced with landscaping. He expressed staff's concerns regarding architecture and suggested that architects from both this applicantion and the Taco Bellon the opposite corner try to have complimentary architecture which will go before ASAC. Mr. Caughey commented on concerns regarding security as outlined in the staff report and sugested limiting the hours of operation of the service bays. Reciprocal Access between the properties to the north and west was discussed by the Commissioners In response to Chr. Claudy's question Mr. Caughey stated that parking had been reduced to 11 noting that vehicles must be in designated areas if stopping for any length of time other than refueling. Com. Mackenzie expressed concern regarding lack of parking on adjoining properties as well as this property. Auulicant Presentation: Mr. Bob Reed, Unocal, stated he was in agreement with staff's conditions with a modification to Condo 15. He noted there was 13 parking spaces. He stated the information had been set to obtain the closure letter. Mr. Reed stated the architecture is compatible with the adjoining neighbors. In response to Com. Adams question Mr. Reed explained where the underground tanks are located and why. Com. Mackenzie stated the architecture of the shopping center adjoining was not a good standard to copy and suggested the architect get together with the architect from Taco Bell to discuss colors and material to create a balance. Mr. Reed stated he is willing to talk to Taco Bell but feel they have a good design. Ms. Supatra Chowchuvech, Robert Lee & Assoc. suggested keeping the parking spaces on the north end of the property and put more landscaping in the south end. She noted parking would be more appropriate at the south end as it would not interfere with traffic. Com. Mackenzie suggested ASAC review the architecture to be compatible with Taco Bell. Com. Fazekas agreed that the two parking spaces at the north end could be landscaping. Mr. Caughey expressed concern regarding an escape route for larger trucks and to put the landscaping on the south end defeats the PLANNING COMMISSION MINUTES Regular Meeting of September 10, 1990 Page 7 purpose of having bottom parking. Mr. Cowan suggested that when ASAC review this project they decide on the parking spaces. The public hearing was opened. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Adams Passed 5-0 Com. Mackenzie moved to grant a Negative Declaration Com. Mann Passed 5-0 Com. Mann moved to approve 15-TM-90 subject to the findings and subconclusions of the hearing with the following modifications: Condo 15 to read 13 parking spaces; Condo 18 architecture not to be in disharmony with Taco Bell, ASAC to make minor adjustments as needed. Com. Adams Passed 5-0 Application No(s): Applicant: Property OWner: Location: 6. 5-GPA-89, 2-Z-90 and 9-EA-90 City of Cupertino City of Cupertino Northwest corner of Stevens Creek Blvd. and Stelling Road (Former De Anza Racquet Club site) GENERAL PLAN AMENDMENT to designate the Cupertino Sports Center complex site "Parks" from its current designation as "Private Recreation." REZONING of approximately 6.1 acres from P (Planned Development with Residential, Recreational and Incidental Commercial Use Intent) zone to PR (Parks and Recreation) zoning classification, or such other zoning classification as deemed appropriate by the Planning commission or City Council. Staff Presentation: Mr. Bob Cowan presented the staff report noting it was a general plan amendment to designate the sports center complex site to "Parks" from its current designation as "Private Recreation" and to rezone it from private recreation to "Parks and Recreation". The public hearing was opened MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Adams Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of september 10, 1990 Page 8 MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Mackenzie moved to recommend a Negative Declaration Com. Fazekas Passed 5-0 Com. Mackenzie moved to approve 5-GPA-89 subject to the findings and subconclusions of the hearing Com. Fazekas Passed 5-0 Com. Mackenzie moved to approve 2-Z-90 subject to the findings and subconclusions of the hearing Com. Fazekas Passed 5-0 NEW BUSINESS: Application No(s): Applicant: Property Owner: Location: 7. 21-U-86 (Amended) Tandem Computers GTA Associates Northeast quadrant of Tantau Avenue and stevens Creek Blvd. REQUESTING approval of a minor amendment to an existing Use Permit to delete required off-street parking spaces for interim use as private recreation activity space, and minor revision to landscaping and site details. Staff Presentation: Ms. Michele Bjurman presented the staff report. She stated the proposal was to convert the existing parking into athletic facilities, to construct a trellis along the building which would be 11 ft. wide and 8 ft. in height and to convert the water fountain at the entrance of the building into planting. She stated that parking A had 15 spaces and parking B had 30 spaces these both would be converted. Ms. Bjurman explained that Barton Ashman had preformed a traffic study as outlined in the staff report. She noted if this was approved there may be a problem with overflow parking. She stated that the City of Santa Clara support on-site athletic facilities. The visibility of the trellis was discussed. Com. Mackenzie expressed concern regarding overflow of parking. Mr. Cowan stated if the overflow becomes a problem it will be converted back to parking spaces. Applicant Presentation: Mr. David Nelson, Sr. Associate, MPA Design, presented graphics showing landscaping and the trellis. He noted the water fountain will be filled with boxed trees. Mr. Nelson explained where the athletic facilities would be noting parking can be replaced if necessary. PLANNING COMMISSION MINUTES Regular Meeting of september 10, 1990 Page 9 The public hearing was opened MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Fazekas Passed 5-0 MOTION: Com. Mackenzie moved to approved 21-U-86 (Amended) with condition 9 modified to delete the word overflow and replaced with "if city determines parking spaces are needed. Com. Fazekas Passed 5-0 SECOND: VOTE: REPORT OF THE PLANNING COMMISSION: Com. Adams reported on the Mayors Luncheon REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Bob Cowan stated there would be a joint meeting of Planning Commission, ASAC and the city Council on September 26, 1990. DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT : Having concluded business, the Planning commission adjourned at 9:35 P.M. to the next Regular Meeting of September 24, 1990 at 7:30 P.M. Respectfully submitted, c.... ~l.....n·,<..L) I-\,~' II r_ ..J. Catherlne M. Ro lllard, Recording Secretary the Planning CeIDmission a Meeting/6f September 24, 1990 ~/ // alrman