PC 06-10-85 CITY OF CUPERTINO,STATE OF CALIFORNIA PC-468
10300 Torre Avenue,Cupertino,Ca. 95014 Page 1
41/ Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON JUNE 10, 1985
SALUTE TO THE FLAG 7 : 3 0 P.M.
ROLL CALL
Commissioners Present : Com.. Mackenzie
Com. Adams
Com. Sorensen
Vice Chr. Szabo
Staff Present : Dir. of Ping. and Develop. Sisk
Assistant Planning Dir. Cowan
Assistant City Engineer Whitten
City Attorney Kilian
APPROVAL OF MINUTES
MOTION: Com. Sorensen, to adopt the Minutes of the
Regular Meeting of May 28, 1985, after the
correction to page 3 under Condition 17(a)
"and those- :uses_ listed in Section 5,
Paragraph B of the General Commercial
Zoning Ordinance" to be inserted after the
third word.
• SECOND: Com. Adams
VOTE: Passed 4-0
(Chr. Claudy absent)
POSTPONEMENTS OR NEW AGENDA ITEMS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
CONSENT CALENDAR
ITEMS REMOVED FROM CONSENT CALENDAR
PUBLIC HEARINGS:
1. ApplicatImsl0-Z-84 and 21-U-84 of MICHAEL WEBER AND
FRED MICHAUD: REZONING approximately . 51 gross acres from
R1-7. 5 (Residential Single-family, 7,500 sq. ft . minimum
lot size) zone to P (Planned Development with Office,
Commercial and Residential intent) zone or whatever zone
may be deemed appropriate by the Planning Commission; USE
PERMIT to expand an existing single-story office building to
a two-story office building equaling approximately 16,000
sq. ft . and ENVIRONMENTAL REVIEW: The Environmental Review
Committee recommends the granting of a Negative Declaration.
The subject property is located on the southwest corner of
Miller Avenue and Richwood Drive. First Hearing continued.
Tentative City Council hearing date - July 1, 1985.
1
PC-468 PLANNING COMMISSION MINUTES, JUNE 10, 1985
Page 2 Assistant Planning Director Cowan described the architecture
as more in keeping with the neighborhood than the previous •
plan, reminding the Commission that on May 13 the present plan
had been discussed in general terrlis. He advised the site was
underdeveloped presently for the trip end standard, and
would yield at least 13,000 sq. ft. without the residence,
which added would bring the total to 18/19,000 sq. ft . He
listed the contensions of the Applicant as maintenance of
the residential landscaping and construction and maintenance
of the "gateway" improvements.
RayRooker Architect on the
, project, was concerned about his
clients ' financial responsibility in having to provide
improvements on East Estates and, lichwood intersection and
thought the cost should be controlled, especially since it
seemed a driveway on the Brentwood side might have to be
relocated, he said. He described the utilization of slump
stone and siding on the office building, since Com. Mackenzie
was concerned about the mixture of textures .
Com. Sorensen established the trash area had not been determined
yet, and that there would be adequate lighting in the parking lot .
Mr. Rooker had a problem with the maintenance covenant because
of time and expense involved in recording and the possibility
of sale of the residence. He contended that other PD* devel-
opments in the City did not have such controls.
Mr. Cowan advised this was a unique situation, since the
residence to be maintained was not contiguous to the project . •
Vice Chr. Szabo felt Condition 28 needed clarification, since
it was not clear whether the covenant would run with the land
or the residence.
Mr. Cowan established that laving the office maintain the
residential lot was the intent, ; and suggested some wording
should be added to make it clearI, to any future owner.
Mr. Rooker expressed their view that the office and residential
were two separate
p parcels; that they wanted the option to sell
the residence and therby discontin e the maintenance.
Com. Adams observed that the Applicant had tied the residence
to the office site for trip end pu poses.
Steve Fleshman, 10171 East Estates Drive, emphasized the
Applicants seemed to be stripping the residence of its trip
ends, planning to sell it to discharge their maintenance
responsibility. He felt there should be one lot, to include
the house, which should remain residential, and was against
a two-story office structure.
Tom Weber, 10530 East Estates Drive said he had heard from
the Commission several times that the office development
already there was a mistake, andlt is compounded it, he said.
He reiterated Mr. Fleshman' s concerns and felt the discharge
of the dwelling maintenance by the Applicants should not be
411
allowed. He emphaized traffic vol me and accidents in the
neighborhood and was not in favor f the island improvement .
*Planned Development
I
ft
PLANNING COMMISSION MINUTES, JUNE 10, 1985 PC-468
Vice Chr. Szabo explained the practice of transferring or Page 3
selling trip ends between sites.
Fred Morello 10199 East Estates, felt it would be advan-
tageous to rezone the whole site residential,but thought
the office building shown was an improvement over the last
one.
Frederick Michaud, co-Applicant, advised they would not be
adding new tenants, but space for the existing tenant and
themselves, and felt they had a right to do something
reasonable with the property; this being a major improvement .
He was concerned about the island, both financially and
because the neighbors did not like it .
Mr. Rooker questioned the Exhibit A-i attached to the
Resolution, since they had submitted a drawing wherein the
improvements were half the size,obviating driveway relocatio' .
Mr. Cowan advised that Mr. Rooker' s drawing had not been
quite satisfactory, and that Exhibit A-1 reflected roughly
what the Traffic Engineer wanted. The driveway served as
a truck turnaround, and could not be closed, he said. He
suggested the Commission give Staff lattitude to redesign
the street for improved safety.
The consensus of the Commission was that it be settled at
Staff level which drawing the Applicant should adhere to.
• Corr. Mackenzie, exploring Mr. Michaud' s feeling regarding
merging the parcels to one, established that Mr. Michaud
wanted the option to sell the house.
MOTION: Com. Mackenzie, to close the Public Hearing
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
Com. Mackenzie felt that selling the residential lot after
deriving trip end benefits was a distortion of the
Commission' s desires and that the solution was to merge to
one parcel, or to require the ownership to run together for
a period of time.
City Attorney Kilian advised that if two parcels were
involved there could not validly be conditions on the sale
of one related to the other. He advised it would be legal
to require the landscaping of the smaller lot to be main-
tained by the larger lot owner, but that there might be
enforcement problems.
Corns. Adams and Sorensen felt that to transfer the trip
ends required such an arrangement .
Vice Chr. Szabo observed that the Applicant had stated in
the past that the residence was run down because the
location made it suitable for rental only, and so also felt
• this action had to be taken.
d
PC-468 PLANNING COMMISSION MINUTES, JUNE 10, 1985
P-Pe 4Assistant City Engineer Whitten, discussing the installation
111
and maintenance of the island area, advised the City preferred
not to have to maintain such small areas .
Com. Mackenzie wanted to leave the Brentwood side out because
of design uncertainties.
Mr. Cowan and Mr. Whitten advised ,that this was not entirely
possible, since some pavement removal and curb line relocation
would be involved.
Com. Adams felt that the island could be left until the
Applicant could participate with the future owner of the
Brentwood market .
Corm. Mackenzie pointed out that Brentwood participation involved
undergrounding powerlines, which would be a major expense.
Vice Chr. Szabo suggested the City might install the island
and the Applicant maintain it, but the Assistant City Engineer
felt this was too complicated and unworkable. He observed
that the cost of this improvement was far less than the
powerline obligation.
Mr. Cowan suggested the compromise that the future Brentwood
owner could eventually reimburse the applicant for half the
island improvements .
There was a short discussion on whether the island was favored
by residents.
MOTION: Corn. Mackenzie, to reopen the Public Hearing
SECOND: Com. Sorensen
VOTE Passed 4-0
(Chr. Claudy absent)
Tom Weber felt the island would not address the traffic flow
pattern and was not necessary to slow traffic , since there
were already stop signs.
Mr. Morello liked the island concept since it gave a neighbor-
hood feeling.
Nancy Burnett, 729 Stendhal, felt traffic coming from Miller
would experience difficulties, and observed that when Brentwood
market had existed, this was the only way to get straight
through to it from Miller.
Vice Chr. Szabo reminded that the island was to delineate the
commercial/residential boundary.
Mr. Cowan added that it would also straighten the- curve at
East Estates and Richwood.
Mr. Weber felt Ms . Burnett was symbolic of their traffic
problems, and that Staff' s suggestions would make it easier
for such cut-through traffic to enter.
In discussion, the Commission felt that maybe the stop signs
could be retained and maybe the plan should involve a left
turn pocket . They were agreeable to a smaller gateway, the
Brentwood side not necessarily included, or with reimbursement
at the time Brentwood redeveloped.
I
PLANNING COMMISSION MINUTES, JUNE 10, 1985 PC-468
Mr. Cowan advised that more Staff work on the island situa- Fage 5
tion could be done before the City Council Meeting.
• MOTION: Com. Mackenzie, to close the Public Hearing
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Sorensen, to recommend the granting of a
Negative Declaration
SECOND: Com. Mackenzie
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Mackenzie, to recommend approval of Applicatio.
10-Z-84, subject to the Findings of the Staff
Report with two Conditions; 1. as in the Staff
Report and 2. "The permitted land use activity
within the zoning boundary is single family
residential. Future construction and land use
activities in the zone are regulated by the R1
Zoning District Ordinance. A 16 trip end perfor-
mance standard (TIPS) applies to the site. The
transfer of residual development intensity is
limited. The transfer can only be made to the
immediate adjoining .87 acre office development . "
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Mackenzie, to recommend approval of Appli-
cation 21-U-84, subject to the Findings of the
Staff Report and Subconclusions of the Hearing,
with specific Findings that the tying of the
• maintenance gf the residential property to the offic -
property was very important to the Commission, and
subject to Standard Conditions 1-15; Conditions
16;17;18;19;20 modified at the end of the first
sentence to delete "as depicted on Exhibit A-1"
and adding a second paragraph indicating that at
the time the Brentwood property is redeveloped
that property owner may be conditioned to reimburse
half the cost of the gateway treatment; Conditions
21•;22;23;24;25;26;27;28;29;30;31. •
SECOND: Com. Sorensen
VOTE: Passed 4-0
• (Chr. Claudy absent)
2. Application 19-U-85 of HOME DELIVERY PIZZA: USE PERMIT
to operate a home delivery and take-out pizza business and
ENVIRONMENTAL REVIEW: The project is categorically exempt,
hence, no action is required. The subject property is
located in the Bollinger Plaza Center on the north side of
Bollinger Road approximately 150 ft. west of De Anza Boule-
Vard in a CG (General Commercial) zoning district. First
Hearing. PLANNING COMMISSION HAS FINAL APPROVAL.
Director of Planning and Development Sisk described the
nature of the business as a complete take-out and delivery
service, with no interior seating, open until midnight.
Brian Williams, 35 Alma Court, Los Altos, the Applicant,
answering Commission questions, advised it would be
difficult to change the number of employees, and preferentia
to restripe the parking lot. It was satisfactory that
delivery vehicles not be in the back between 11 and 12 p.m.
he confirmed.
.
i
•
PC-468 PLANNING COMMISSION MINUTES, JUNE- 10 1985
Page 6
Com.• Sorensen . raised questions re0arding dumpster location,and III
whether noise from it would equal v'ieh,icle noise.
•
Ed Vargo, 10940• Kester Drive;Cupertlin ,advised it was located in an
enclosed area along the back, 125ft . away from residences.
MOTION: Com. Sorensen, to close the Public Hearing
SECOND: Com. Mackenzie !
VOTE: . Passed II; 4-0
Mr. Sisk advised that no complaints[ had been received about dumpster
•
noise, etc. , in the center, even though the bakery Commenced at 3 a.m.
MOTION: Com. Sorensen to a
pprove ;Application 19-U-85,subject to
the Findings of the Staff .Report and Subconclusions of•
the Hearing, with StandardlConditions 1-15;16;17;18;1.9;20.SECOND: Coma Mackenzie '.
VOTE: Passed 4-0
(Chr. Claudy absent) ';I
•
3. Application 5-TM=85 of PAN CAL 'IINUESTMENT COMPANY: TENTATIVE SUB-
DIVISION MAP .to subdivide approximaite
equaling. 6,000+ sq.ft. each and ENVIHPUMENTALy 1.73 dREVIEW: Thecres into o project waspreviously assessed, hence, no action is necessary. The subject property
erty
is located on the southeast corner of Blaney Avenue and Pr ce Avenue in
a P (Planned Development with residen ial 5-10 dwelling units per gross
acre intent)zoning district. Firstp1! arine. Tentative City Council
hearing date - June 17, 1985. III
Director of Planning and Development Sisk,giving the Staff Report,
advised the property had been zonecOn. a previous Ilearin
there
had been discussion at Council level whether to align the�newnstreet
east of Rodrigues with Rodrigues.
•
Joseph Choi, Panca1,4125 Blackford Avenue #200,San Jose, appeared to •
answer questins.
MOTION: Com. Mackenzie, to close the Public Hearing
SECOND: Com. Sorensen H
VOTE: Passed
4-0
MOTION: Com. Sorensen, to recommend' approval of Application
5-TM-85 subject to the Findings and Conditions 1-15; .
16;17;18;19;20 of the Staff Report.
SECOND: Com. Mackenzie II
VOTE: Passed
(Chr. Claudy absent) 4-0
4. Application 20-U-85 of CAMARGO AND
to construct aq. ASSOCIATES, INC. : USE PERMIT
third floor7element)tand wconsistingxof 5,450usq.iift. (oft
office
space, 1,000 sq. ft. of commercial space and two residential units and
ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends
the granting of a Negative Declaration The subject property is located
on the southwest corner of Stevens Creek Boulevard and Pasadena Avenue
in a P (Planned Development with Neighborhood Commercial, Light
Industrial and Residential 4-12 dwelling units per gross acre intent)
• zoning district. First Hearing. Tentative City Council hearing date-
dune 17, 1985. '
Director of Planning and Development' 'Sisk described projects under
construction in the area and advisedthat the project in question was
consistent with the Monta Vista Plan!; IHe raised three issues; 1.
• relating to colors; 2. that the elevations required that steps be used
• for•access, even though it was a goal to have direct access, and 3.
questions of reciprocal access which ;would probably arise in discussion.
•
•
.
•
PLANNING COMMISSION MINUTES, JUNE 10, 1985 PC-468
Page 7
Maurice Camargo, 20 S. Santa Cruz Avenue, Los Gatos,
described the color scheme of dark green, terra cotta
and sand beige, materials of wooden horizontal siding and
the walkways and plaza area.
Com. Sorensen, establishing that the plaza area would be open
to the public, wondered if there might be problems at night .
Mr. Camarga felt that this potential problem would be
addressed by the mixed use aspect .
Com. Adams established that the two residential units would
be located away from Stevens Creek Boulevard, and would
consist of a studio and a 1-2 bedroom unit.
Ann Anger, President of the Monta Vista Improvement Asso-
ciation, liked the architecture, which she felt complimented
other buildings under construction, but was concerned that
the colors, especially the green, might clash.
William Kinst, 1146 Quince Avenue, Sunnyvale, part-owner to
the south, felt the building would make a good neighbor and
the colors were not offensive, but brought up the question
of the reciprocal access, since they had been requirbdto file
such a covenant, but the previous owner of this property had
rescinded his verbal agreement. He asked that a similar
covenant be required on this proprty, so that he could be
partially reimbursed for the construction and engineering of
the access.
Director of Planning and Development Sisk advised that he
• had talked to the developer, who had indicated that he would
reasonably reimburse the neighbor to the south. Mr. Sisk
suggested that the parties meet to resolve the matter before
the City Council Meeting of June 17, 1985.
MOTION: Com. Sorensen, to close the Public Hearing
SECOND: Com. Mackenzie
VOTE: Passed 4-0
MOTION: Com. Mackenzie, to recommend the granting
of a Negative Declaration
SECOND: Com. Sorensen
VOTE: Passed 4-0
MOTION: Com. Mackenzie, to recommend approval of
Application 20-U-85, subject to the Findings
of the Staff Report and the Subconclusions of
the Hearing, with Standard Conditions 1-15; .
Conditions 16;17 modified to include the
colors of sand, green and terra cotta;
Conditions 18;19;20;21;22;23;24;and new
Condition 25 requiring that the devel-
oper reach a reimbursement agreement with
the property owner to the south to share in
the cost of constructing the easement of
benefit to both property owners; if those
parties cannot agree, participation will
• be determined by City Council.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
PC-468 PLANNING COMMISSION MINUTES, JUNE 10, 1985
Page 8 There was a question from the audience.
MOTION: Com. Mackenzie, to reopen the Public Hearing •
SECOND: Com. Sorensen
VOTE: Passed 4-0
Don Utz, Civil Engineering Associates, 455 Los Gatos Boulevard,
Los Gatos, referred to Condition 23 and stated they could not
lower the building as required, because of existing gutter and
catch basin improvements in the area.
Com. Adams established that it could probably be lowered
enough to allow for two steps up instead of three.
Com. Mackenzie suggested a modification that was acceptable
to Mr. Utz.
MOTION: Com. Mackenzie, to close the Public Hearing
SECOND: Com. Sorensen
VOTE: Passed 4-0
MOTION: Com. Mackenzie, to amend Condition 23 in the previous
Motion to be replaced with a Condition requiring
that the Applicant work with Staff to attempt to
lower the pad height of the building as much as
possible.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
BREAK
5.. Application 9-Z-85 of YAGIL HERTZBERG: REZONING approxi-
mately . 65 acres from A1-43 (Agricultural Residential) ,
43,000 sq. ft . minimum lot size) zone to R1-20 (Residential
Single-family, 20, 000 sq. ft . minimum lot size) zone or
whatever zone may be deemed appropriate by the Planning
Commission and ENVIRONMENTAL REVIEW: The Environmental Review
Committee recommends the granting of a Negative Declaration.
The subject property is a flag lot located at the end of Mt .
Crest Place. First Hearing. Tentative City Council hearing
date - July 1, 1985.
Assistant Planning Director Cowan explained the history of
the present zoning and advised that the three different
zoning options involved different heights and relatioships to
the surrounding topography and residences, though the Hearing
did not involve the selection of a building site or design,
the pad height would put the house approximately 30 ft . below
those at the top of the hill, he advised. He described the
R1* zoning as allowing the greatest flexibility of height and
stories and Staff supported it, since it reflected surrounding
zonings and the present zoning was archaic, he advised.
Questioned by Com. Mackenzie, Mr. Cowan listed setbacks
possible in each zone, but felt because of the size of the
site, these would not be a problem, the applicant probably
trying to get as close as possible to the northerly property •
line because of the driveway location.
*Residential, single-family
1
PLANNING COMMISSION MINUTES, JUNE 10, 1985 PC-468
Juanita McLaren, 22101 Lindy Lane, was concerned about land- Page 9
slide possibilities, and also for her view, though she had
seen the plans and this did not seem to be a problem. She
stated there should be nouaccess off Lindy, since her drive-
way was already hazardous,and mentioned a piece of "no-man' s
a d"in• the .area.
Dill Guiagerich, 21950 Lindy Lane commented, as had Mrs.
McLaren, that Mr. Hertzberg had been considerate and had
appraised the neighbors of his plans . His concerns were
access to Lindy, since the seller had mentioned a possible
access easement there; that neighbors ' views be considered;
that slide activity be prevented; that heavy equipment not
use their private driveway.
Yagel Hertzberg, 655 Carlisle Way, Sunnyvale, the Applicant,
agreed to all points made. He needed more flexibility to
enable him to build a Spanish-look tower, and the R1 zoning
had been suggested by Staff as a means to that end, he
explained. He advised he was using Mount Crest as access
and that he had had a new soil report prepared and approved
by the City geologist .
Vice Chr. Szabo established that Mr. Hertzberg, to his
knowledge, did not own an easement onto Lindy Lane and
therefore felt the neighbor s' fears were unfounded in that
direction.
Mr. Cowan, regarding Ms.McLaren' s and Mr. Guiagerich' s
® concerns of view and slide activity, advised that the
Commission was purely considering a zoning change that these
issues would not pertain to.
Assistant City Engineer Whitten answered Commissioners '
questions on procedures to be followed for geological reports
and grading, stating that the neighbors were welcome to
review the material or have their soils engineers do so.
Chr. Szabo clarified that the only issue that could be
touched on was that the zoning options could affect the set-
backs and height, and consequently the view issue.
Com. Mackenzie had heard both nieghbors say they were
satisfied with the view.
Mr. Hertzberg, advising the house was already designed, said
it would adhere to the 20 ft . setback requirement, but that
he could build without changing the zoning,if necessary,
which would mean a higher foundation grade and a part of the
house being closer to Ms. McLaren' s property.
MOTION: Com. Mackenzie, to close the Public Hearing
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Mackenzie, to recommend the granting of
a Negative Declaration
411 SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
Pc-468 PLANNING COMMISSION MINUTES, JUNE 10, 1985 PC-468
Page 10 MOTION: Com. Mackenzie, to recommend approval of Page 10
Application 9-Z-85, subject to the Findings
of the Staff Report and the Subconclusions
of the Hearing.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
6. Applications 10-Z-85 and 6-TM-85 of LAWRENCE C.MAYERLE:
REZONING approximately . 36 acres from RHS (Residential
Hillside Development) zone to RI-10 (Residential, Single-
family, 10,000 sq, ft . minimum lot size) zone or whatever
zone May be deemed appropriate by the Planning Commission;
TENTATIVE PARCEL MAP to consolidate six parcels consisting
of approximately 1. 5 acres into three parcels ranging in
size from 14, 600 sq. ft . to 36, 500 sq. ft . and ENVIRONMENTAL
REVIEW: The Environmental Review Committee recommends the
granting of a Negative Declaration. The subject property is
located on the north side of Mercedes Road 500 ft . west of
Cordova Road and 100 ft . west of the terminus of San
Felipe Road. First Hearing. Tentative City Council
Hearing date for rezoning application - July 1, 1985.
PLANNING CO.+IPIISSION HAS FINAL APPROVAL FOR TENTATIVE PARCEL
MAP.
Assistant Planning Director Cowan explained the history of
the zoning issue, and that there had been floating lot
boundaries in the area because of past survey errors,which
had now been well resolved_ though there was still a zoning
boundary and lot line that traversed Dr. Mayerle ' s property
and went through his house, he said. The request was to
shift the zoning boundary between the Ri and the RHS
portions and consolidate 6 lots into 3, with the upper lot
having access to Mercedes Road, he explained. He advised
that basically the same action had been taken in 1981 but
that the Map had expired, and compared the 1981 Map with the
present one.
Com. Mackenzie established that the proposed building site
for Lot 2 was now closer to San Felipe Road and was steeper.
Discussing the Conditions of Approval, Mr. Cowan advised
a letter had been received from Mr. King, San Felipe Road
regarding possible drainage problems and setback concerns.
He advised that the only control over design would be in
establishing a pad height for the two new structures,with a
5 ft deviation, in determining the appropriateness of the
zoning change and configuring the lots. He also advised
there was a procedure whereby the drainage issue would be
reviewed by the Engineering Department .
Assistant City Engineer Whitten said that Staff had been
very successful in such areas in reducing, if not eliffiina-
ting flow.
Com. Adams, whilst agreeing the Commission did not have
precise control over pad height,' noted a 20 ft . differential
in down contour elevations on Lot 2, which he thought would
involve enough cut and fill to create a potential drainage
problem. He noted that the Applicant had moved his garage
PLANNING COMMISSION MINUTES, JUNE 10, 1985 PC-468
to make more width available to Lot 2 and wondered if it was Page 11
enough to make a flat pad.
Lawrence Mayerle, 22821 Mercedes Road, felt the current Map
represented a better use of the land than the previous one.
He introduced his architect to answer further questions .
Dennis Burrow, 23895 Summit Road, Los Gatos, confirmed that
Pad 2 would be notched into the hillside with some cut and
some fill and described his concept of the building,with
the garage closest to San Felipe, the main level stepping
up the hill at the garage roof height, and a third level
stepping up to the northwest corner. He described
retaining wall at the south turning area and cut on the
upper southwest corner, and maybe a staggered terraced
retaining wall. He advised he had developed similar plans
for other parts of the Bay Area with much steeper grades .
He and Dr. Mayerle were aware of the drainage problems, he
advised, and he planned to maintain the channel, bringing
the water down the driveway out to San Felipe Road.
Com®Adams ascertained with Dr. Mayerle the pool at the
present residence had caused no problems, and there was a
possibility for a pool at Site 3 eventually.
Com. Mackenzie determined that the geological report
procedure did not differ between Rl*and RHS#zones.
MOTION: Com. Mackenzie, to close the Public Hearing
SECOND : Com. Sorensen
111 VOTE: Passed 4-0
The consensus of the Commission was in favor of the zoning
change, though Com. Sorensen commented that it was a shame
the creek had to be filled in there.
MOTION: Com. Mackenzie, to grant a Negative Declaration
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Mackenzie, to recommend approval of
Application 10-Z-85, subject to the Findings
of the Staff Report and Subconclusions of the
Hearing.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
Mr. Cowan was unsure what the Commission required in the
deviation of pad grades .
MOTION: Com. Sorensen, to reopen the Public Hearing
SECOND: Com. Mackenzie
VOTE: Passed 4-0
(Chr. Claudy absent)
Mr. Burrow, establishing that the rough pad for the garage
would be involved, thought that a deviation of plus/minus
5 ft . would be workable.
Assistant City Engineer Whitten suggested a requirement of
maximum 5 ft . of cut and 5 ft . of fill be substituted, since
he saw potential problems .
*R1-Residential, single-family
*RHS-Residential Hillside
pC-468 PLANNING COMMISSION MINUTES, JUNE 10, 1985
Page 12 Com. Adams felt it would be helpful to give Staff lattitude to
work with the geological and soil analyses to determine how
much cut and fill they could accept . 410
MOTION: Com. Sorensen, to close the Public Hearing
SECOND: Com. Mackenzie
VOTE: Passed 4-0
MOTION: Com. Mackenzie, to approve Application 6-TM-85,
subject to the Findings of the Staff Report and
the Subconclusions of the Hearing, with Standard
Conditions 1-15; Conditions 16;.17;18;19A20;21; 22;23;
24; with Condition 25 added requiring that the
building pad configuration and elevations are to
be reviewed and approved by Staff before a building
permit is issued.
SECOND: Com. Sorensen
VOTE: Passed 4-0
UNFINISHED BUSINESS
NEW BUSINESS
7. Interpretation of General Plan Land Use Diagram Relative
to the Valley Green Apartments.
Assistant Planning Director Cowan explained that action was
required to direct Staff to make a correction.,
MOTION: Com. Mackenzie, to adopt a Minute Order instructing
Staff to correct the General Plan Use Diagram to
reflect 10-20 units per acre range for the Valley
Green Apartment Complex.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
REPORT OF THE PLANNING COMMISSION
Vice Chr. Szabo, on behalf of the Commission, thanked Director
of Planning and Development Sisk for his many years of service
and time given to the Planning Commission.
Director of Planning and Development Sisk thanked the Commission,
advising that Assistant Planning Director Cowan would become
Acting Director of Planning and Development after July 1, 1985
but that he would be helping out through the summer.
Com. Adams complained of the temporary signs in the windows of
Johnson and Scanlan Appliance and T.V. Store on Stevens Creek Blvd.
Assistant Planning Director Cowan undertook to check on the
situation, though he noted there was a certain percentage of
the window space that could be used. for that purpose.
Com. Mackenzie noted the "Grand Opening" signs at the Nite Cap!
REPORTPLANNING DIRECTOR
ADJOURNMENT 11 : 01 P.M.
APPROVED:
• /07 ,/
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