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PC 05-29-90 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 MAY 29, 1990 SALUTE TO THE FLAG: 5:30 p.m. - Quinlan Community Center Joint meeting of the city Council, Planning commission and Architectural and site Approval Committee to discuss procedural matters related to the public hearing process, and other matters of general interest between these decision-making bodies. 8:30 p.m. - City Council Chambers at city Hall 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 Travice Whitten, Assistant city Engineer Chuck Killian, city Attorney APPROVAL OF MINUTES: MOTION: Com. Adams moved to approve the minutes of the May 14, 1990 meeting, as presented Com. Fazekas Passed 5-0 SECOND: VOTE: POSTPONEMENTS OR NEW AGENDA ITEMS: Item 2: Application 4-TM-90 - Staff requests continuance to June 25, 1990 MOTION: SECOND: VOTE: Com. Adams moved to continue item 2 to June 25, 1990 Com. Mackenzie Passed 5-0 WRITTEN COMMUNICATIONS: Prometheus Development Corp., re: Landscape Guidelines Saratoga Investment - 1st Baptist Church PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 2 ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 1. Application No(s): Applicant: Property Owner: Location: 3-Z-90, 5-TM-90 and 11-EA-90 First Baptist Church of Monta Vista Same North side of McClellan Road, 130 ft. west of Byrne Avenue REZONING of approximately 2.07 acres from BQ (Quasi Public Building) to Rl-7.5 (Single Family Residential, 7,500 s.f. min. lot area) or such other zoning classification as deemed appropriate by the Planning Commission or City Council. TENTATIVE MAP to subdivide 2.07 acres into nine lots ranging in size from 7,600 s.f. to 10,300 s.f. staff Presentation: Mr. Mark Caughey presented the staff report. He reviewed the background information on the application as stated in the staff report. He explained the new initiative and stated the difference is the alignment of the southerly extension of San Fernando Avenue has assumed a curve form which has enabled the developer to reconfigure the area of buildable envelope on lots 2, 3 and 7 which contain oak trees. He noted the new initiative will preserve the trees. Mr. Caughey stated that staff has worked with the Arborist to preserve the trees. He noted an alternative would be to reduce the number of lots to 8. He stated the intent is to put the trees in a peripheral context which will retain the limbs of lots 3 and 4. He stated that by reducing the number of lots and the applicant following specifications the development can work. He noted the single family development meets the same objectives as the Townhome development. Mr. Caughey explained the mitigation solutions, condition 20 in the model resolution, and outlined strategies as outline in the staff report. He noted there will need to be some pruning of the trees. In response to Com. Adams question regarding the reforestation on the slope to the western side, Chuck Killian, city Attorney, stated the plantings will occur as part of the approval but the continued maintenance of the areas could be a covenant and should be reflected as a note on the map. In response to Com Fazekas question Mr. Killian stated if the trees die through no fault of the property owner the Commission could require as a covenant that the property owners replant a tree that dies. Com. Mackenzie condi tion 20. questioned the deed restriction as Mr. Killian stated that the covenant stated is one in of PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 3 continued maintenance and stated the prohibi t any further development, but easement. development rights would could not be done by an A~Flicant Presentation: Mr. Ken Rounsaville, Bay Area Consultants, stated he agrees with the staff recommendations. He noted the concerns from the last meeting regarding moving the cul de sac 20 ft. to the east. In response to Com. Mackenzie's question Mr. Rounsaville stated the cul de sac will be moved by approximately 22 ft. In response to Com. Adams question Mr. Rounsaville stated it was a deck outline on lot 6 underneath the tree drip line. Mr. Barrie Coate, Arborist, stated he agrees with staff recommendations. He noted this configuration will allow the trees to remain without the removal of any limbs. He stated the tress will be in better condition with the development because they will be fertilized and pruned etc. He noted he agreed with staff's suggestion of redwood decking as it will prevent long term compaction by people. He pointed out that in lot 6 there is an above ground spa which is suspended in the decking above grade. Mr. Coate's suggested plants requiring water more than once every 2 weeks should not be planted. In response to Com. Adams question Mr. Coate explained how the cable is attached to the trees. He noted he will be involved in this procedure. In response to Com. Mackenzie's question Mr. Coate outlined the canopy size of each tree. The public hearing was then opened. Mr. Rylan Luke, 10434 San Fernando Ave., stated he would like to see the proposed development as open space and asked if it constitutes an oak woodland. He suggested partial purchase of the land by the city to encompass the large trees. Another suggestion was to sell the land so it could be kept BQ zoning. He expressed concern regarding the City's control over the trees on private property and expressed concern about the replacement of trees and what this actually entails. Mr. Luke expressed concern regarding the fill and stated he would like more information on this. He noted concern regarding the increase of traffic with the development and noted this will decrease his property value. He noted he is strongly opposed to the entrance on San Fernando Avenue. He stated there should be restrictions of parking on the street. He urged a geological and traffic study. He stated he would favor a Townhome development with the following conditions: no more than 5 dwelling units per acre; exclude lot 1; and leave trees in a common area. Tim and Phyllis Yuen, 10445 San Fernando Ave., stated that when they purchased their home there was no disclosure of possible extension of the street. Mr. ¥uen noted that the access of San Fernando would require use of their property and they were not PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 4 interested in providing this. Mr. Yuen expressed concern regarding no back yards and the steepness of the slope. He stated the 20 ft. setback which was required for his property does not exist for the new development. He noted from his geological report the fill is 6 ft and noted that the two story structures are visible from Black Berry Farm. He stated the street extension is very undesirable. Mr. Larry Parker, 10405 San Fernando Ave., stated he is not in favor of the street extension and suggested access from McClellan Rd. He stated he would like to see open space between the trees. Mr. Anthony Scionti, 22079 San Fernando ct., stated that two years ago the Planning commission approved the cuI de sac which would not be extended further. He expressed concern about traffic from Byrne Avenue onto McClellan Road from the development and stated access to McClellan would be appropriate. He expressed concern regarding the traffic travelling past the entrance to Black Berry Farm. Ms. Nancy Hurd, San Juan Road, stated she was in favor of the 8 lot proposal. She stated she would like to see design and precautions for ditches for PG&E lines and water and sewer and how to avoid these going through roots and also geological studies which involve drilling. She noted she would like to see the grade level addressed during construction. She suggested word changing in the resolution. She expressed concern regarding the deed restrictions as to how they are enforced. She expressed concern regarding the soil grade change beneath the canopy and stated she would like to see a condition prohibiting pools. She noted there should be a policy to prohibit houses being built under trees. MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Adams Passed 5-0 Com. Adams stated that, although this is an improvement to the original proposal, he would still favor a Townhome development with open space area retaining the trees which would be managed by the Homeowners Association. He noted he would like to see the trees saved. Com. Mann stated that people do not read deed restrictions, but the homeowners association would be more aware of the trees and the preservation. She spoke in favor of a Townhome development and access onto McClellan. Com. Fazekas spoke in favor of the Townhome development and noted he would like to see 10 or 11 townhomes and no more. He stated he would like to see a conceptual plan of the Townhome development and noted concern regarding the 20 ft. setback. In response to Com. Fazekas question regarding the soils report Mr. Caughey stated there were two soils reports done in this area. He PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 5 stated it may not be necessary for the 20 ft. setback if the fill is re-engineered. Chr. Claudy expressed concern regarding the damage to the vegetation with regards to the fill. Mr. caughey stated the developers will have to show staff this can be built in an ecological responsible fashion. He noted the houses will have building permit review. In response to Com. Fazekas question regarding access from San Fernando, Mr. Cowan stated that if it came to negotiating a settlement the city does have power of condemnation which could be exercised if it was in the public's interest to provide an access to San Fernando as opposed to another road. Mr. Chuck Killian stated the City Council will hold a hearing on condemnation. Com. Fazekas stated he would like to see the Arborist present during construction. Com. Mackenzie stated he was in favor on a Townhome development and if that was not possible he was in favor of the proposal. Chr. Claudy stated the new proposal is better but still expressed concern regarding the trees and the fill. He noted he had no concerns regarding back yards and stated that eight houses will not cause a traffic problem. In response to Chr. Claudy's question regarding access onto McClellan, Mr. Whitten stated that the traffic department prefer the access onto San Fernando. He stated if the development was approved with access onto McClellan they would be limited on the improvements they could make. Chr. Claudy stated he would vote no at this time. Mr. whaley stated economically it could move the houses back they were not Townhome developers and not work. He noted they would be willing to from the slope. Com. Mann stated she supports access onto McClellan Road. Com. Adams stated he agreed with staff's concerns regarding another street onto McClellan and supported an entrance off San Fernando. Com. Fazekas stated if the development was Townhome development he would support access from McClellan, but would support access from San Fernando if Single Family homes. Com. Mackenzie concurred with Com. Fazekas. PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 6 Chr. claudy spoke in support of the entrance off San Fernando. Mr. Stokes stated a Townhome development was not an option as it is not feasible for selling. He stated the eight lot plan was good and the trees are protected. Chr. Claudy stated that although he would support the Townhome development he felt the single family homes would work. He stated he trusts the arborist's opinion but still has concerns. Com. Mann stated the best use of the land is Townhomes. Com. Adams stated that the building of a deck over the tree canopy area would preserve the tree life. Com. Fazekas suggested reducing the size of the two southerly lots to gain more space for lot 7 and lot 3. The Commissioners discussed stated the commission could requires vegetation removal commission. a reforestation plan. Mr. Whitten require that any grading plan that on the slope come back to the MOTION: SECOND: VOTE: Com. Mackenzie moved to re-open the public hearing Com. Fazekas Passed 5-0 Mr. Ken Rounsaville stated the slope will not be graded. In response to Com. Fazekas question Mr. Caughey stated that the height could be restricted to one story but would have to be rezoned. Com. Mackenzie stated he would like to see a condition which prohibits activity in the area in which a tree has been taken down for whatever reason. He requested word changing to certain conditions. Ms. Phyllis Yuen reiterated her comments earlier. MOTION: Com. Mackenzie moved to continue item 1 to June 11, 1990, 7:30 p.m. Com. Fazekas Passed 5-0 SECOND: VOTE: 3. FILE REFERENCE 51.054.4 AND 36-EA-89 CITY OF CUPERTINO XERISCAPE GUIDELINES: Public Hearing to consider adoption of low water usage landscaping guidelines for new and substantially remodeled developments. Staff Presentation: Mr. Mark Caughey presented the staff report. He stated that different segments of the community had been PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 7 involved in this project. He noted there was input from some of the major property owners and developers. He outlined the letter from Prometheus, which the Commissioners had a copy. He noted that with the intent to obtain long term water conservation objectives there will be inconveniences. He stated the xeriscape concept is the solution that is being looked at in California and is acceptable with State law. In response to Com. Mann's question regarding recycled water Mr. Caughey stated there is a wide definition of what constitutes recycled water, but stated it is material not subject to high levels of bacteria. Com. Mann suggested installing pipes to recycle the water instead of transporting it in trucks. Mr. Caughey stated this could be done over a time period. Com. Adams stated that sunnyvale is considering installing a reclaimed water plumbing system near the freeway which is close to the sunnyvale treatment plant. Mr. Caughey stated these are not emergency matters but long term efforts. Com. Fazekas stated he would like no turf on DeAnza Blvd. Mr. Caughey outlined the exceptions paragraph as stated in the guidelines. He noted that comments from ASAC was that the conceptual plan area should be reviewed and take into account the xeriscape guidelines. He noted the turf area could be restricted. The public hearing was opened. Mr. John Vidovich stated the drought provides an opportunity, for a State which will grow, to provide better use of water. He stated there should be focus on reusing the water which is passing into the bay. He suggested contributing a small amount of general funds to put in a reclaimed water line that will one day reach Cupertino. He stated there should be a sur-charge for extensive use of water. Mr. vidovich commented on the restriction of turf. He stated he would like to see the turf stay. He noted that parking lot trees should be planted which grow in a smaller area than stated it the guidelines. Mr. vidovich stated that the soil in Cupertino is more gravel than clay as stated in the guidelines. Mr. Joseph J. Brown, 20985 Pepper Tree Lane, stated it was feasible to consider a reclaim water line. He noted it was state law for cal-trans to permit the use of freeway right-of-way to transport reclaimed water. Mr. Cowan stated he would talk to Burt Viscovich, Public Works Director, who is involved in the water issue. In response to Chr. Claudy's question Mr. Brown stated that some of PLANNING COMMISSION MINUTES Regular Meeting of May 29, 1990 Page 8 the large Companies do treat their waste water which can then be used for landscaping. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Mackenzie moved to close the public hearing Com. Fazekas Passed 5-0 Com. Mackenzie moved to grant a Negative Declaration Com. Fazekas Passed 5-0 Com. Mackenzie moved to recommend approval of Reference 51,054.4 subject to the findings subconclusions of the hearing. Com. Fazekas Passed File and 5-0 ADJOURNMENT: The Planning Commission adjourned at 11:20 P.M. to May 30, 1990 at 7:30 P.M. Respectfully submitted, (~..,U'\.v"--i-\,e./ µ. ~?J...tCA.N' d Catherlne M. Roblllard, Recording Secretary Approved by the Planning Com~ission egular Meeting o~--June 11, 1990 Chalrman Attest: Amended 6-11-90