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
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