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PC 08-25-86CITY OP OJPERI'INO, STATE OP C1\LIFOP.NIA 10300 Torre AveJ1ue a.iperti.no, CA. 95014 (408) 252-4505 MINUTES OF THE Rfil.JIAR Mfil."'l'ING OF 'IHE PLANNING a:tfilSSION HEID ON AUGUST 25, 1986 Meeting Held in tlie Council Chambers of CUpert.ino City Hall SAWI'E 'IO 'IHE FI.AG; 7:30 P.M. ROLL CALL: Ccmnissioners Present: Chairman Szal:x> Vice 01ainnan Mackenzie Cammiusioner Sorensen Staff Present~ Rabc:U:t Cowan, Director of Plannin;J & Daveloproe.nt Steve Piasec..Jd, Ass.ist.ant Plarin.in;J Director 'l'ravice Whitten, Assistant City Eng.inoor Charles Kilian, City Attorney APPROVAL OF MINUTES M:Jl'ION: earn. Soreru;.en, August 11, 1936, c.am. M:ickenzie Passed to awrove thtl Minutes of the RF.lgtllm.· Meet.i.ng of as submitted. SEOJND: VOI'E: 3-0 FOSTIDN.EME:NTS OR NEW AGENDA. ITEMS: -Mr v Cowan stated that the request for a Minor AmP...ndmP.nt of 6-U~73; Vallee Fashion Park, will be disQLSsed as Item 5 of the agenda. WRITTEN CDMMUNICATIONS -Chr. Szal:x> not.e:l a writte.n co:mmunication received ~..rtaining t.? Item l. -The Cha.inn.an .intrcduced a letter from Mr.. Pat.rick Ii. Duffek to be discussed after scheduled Ite:ms are heard. ORAL COMMIJNICNITONS -None Q)NSENT CAI.ENQAR -None ITEMS :REMJVED FROM CXJNSENT,CAIENDAR -None -1- PillNNIOO o:::t>mSSIOO" MlMJI'ES ~ar Meetirq of August 25, 1986 PAGE 2 PC -500 FUEL.IC HEARINGS: rrrn. 1. Application No(s) Applicant: Property owner: location: 12-'IM-86_,_5-Z-86 and 18-EA-86 H. W. and Associates l)w~.stment ~ny ~rvin and Patricia Webf:>...r ar:d Dinah IXlshek Kumph and Jennie Dushek liorth side of_.McClelJ.an Road, 150 ft. east of Stdl..im RCA..9.d Parcel A.rea(Ac:res):2.7 gross REZ01.'ING (5-Z-36) Fram Rl-10 an:l Rl-lOag to Rl-7.5. or whatever zone may oo deemed appt'Opriate by the Planning Commission. TENTATIVE MAP (l.4-'IM-86) To subdivide 4 parcels into 11 parcels with lot sizes ranging from 7,500 sq. ~-to 8;500 sq. ft. FIRS'l' HEARING CX>NI'INUED FRa1 'IHE MEETING OF AUGUST 11, 1986 ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY OJUNCIL HEARING DA.TE: September 15, 1986 Staff Presentation: Mr. Cowan stated that Staff reviewed an alter.native street. alignroont of this subdivision. In response to the COmmission's request that bath Staff and the Applicant review t.:ie applicz.tion in view of the pos.sibility that additional property could be acquired and. evaluate the feasibility of access from Stru.ling rather than McClellan Road, staff prepared sketches to this effect. Staff continues to favor access from Stel1ing Rd., because of its convenience to fut:ure homeowners in this sul:division. Safety concerns can be addressed. by .installation of a "porkchop" divider at the jnte.rsectfon of McClellan arrl Stelling Rd. Staff questions the design of Lots 5 and 6. />n additional sr'..hematic was presented. Staff recarrare.'1ds denial; however, a proposed recamrne.nc1>.tion for approval has b:een submitted. The Resolution for Approval contair.s a stipulation that ten lots, rather thun tr_e proposed 11 lots, be approved. Mr. Cowan suggested that a Covenant be recorded to assure that the buyers of these lots, esped.ally before construction of the houses or roadway, are a»7are of left turn prohibitions. PI.ANNING romssroo ~ Regular Meeting of August 25, 1986 PAGE 3 FC -500 rrm l (Cont'd) cam. Ma.ckenzie asked if t..l-ie staff proposal presents the same problem of visitor parkin:J at the southern errl of the cul-de-sac as does the Applicant 1 s proposal; Mr. Cowan ackncMledged that the proposed configurations do not differ significantly in regard to parking. ~cant's Presentatiqn_~ Mr. Jim JacJc.son presented tl1e history of this property, -;tating that the Applicant, Ms. Wong in:i.tially e;cquired two acres as a sepctrate parcel in a separate transaction. Later, Ms. Wong became aware of the Weber house; this property integrated well into the linear pa.u:el of property. 'Ille Tan:;en property, although ava.:Llable for sale, was infe.asible for the Applicant to acquire at a price of $349,000; thus the decision was made not to p.u::sue acquiring thi:3 property. '!his project has been called into question due to the ac::quisition of the Wcl:le.r I.ot; without the Weber properl-y, the orJ.y accR..ss would be from McClellan Rd. Mr. Jackson stated that in effect, the Applicant is being asked to completely reorient an::l redesign the subdivision. Tho differenoe of rem:wing a hou...c;e on the two acre parcel verses the rernoval of a house on seven tenths of an acre is economics. 'Iha Applicants disagree with the Staff conclusion t..11at Stelling Rd. access is more desirable than access from McClellan Rd.; bot.11 safety an::l privacy are better served in the Applicant's proposal. 'Ihe need for barriers or a median at this intersection is conceded by the Applicant. On street parking problems are not anticipated; with the exception of Lots 5 and 6, these houses will have three car garages. Lots 5 and 6 meet the 7, 500 sq. ft. requirement: hCMever, these two lots will not have two story hares. 'Ihe Public Hearing was opened. Ms. Pat Weber, 10420 So. Stelling Rd., euperti.'1 .. -stated her con~ as:· -'l'he problen of access' onto Stelling Rd.; there have been axide>.nts on Stelling Rd. due to the inattention of motorists and the fact that rrotorists are accelerating at this point. She cited seve.ral. D1Stances of accidents, and concluded that the McClellan Rd. access is safer. -'I.lie proposed houses( being less expensive and smaller, meet the City council policy requiring that builders offer a greater range of prices for houses; the Applicant is willing to put in less expensive units. 'I'his location is a desirable place to live and will offer an alternative to condominium living. PI.ANNING Ctl\IMISSION MINUI'ES Regular Meeting of August 25, 1986 PAGE 4 PC -500 ITEM l (Cont'd) Mr. F. Hill, 20915 McClellan Rd., o.ipertino, reiterated questions raised at the previous hearing on this Application, stating his concerns a.a: -Drainage to the properties to the east. 'Ihere is considerable slope to the south and east. -Continua..'tce of the curbs, gutters and sidewalks on the north side of McClellan Rd. -Heig,."lt of the tllo story houses and the potentlal blocking of t.~e view to the west. -Trees that will r..if: retained on this property; there is a Sequoia Giantia ·· as well as other b;-.,-es that should not be removed. · -Lack of lot t.L:.~ wh...i.ch may resu:i.t in lack of quality development. Mr. Hill cited sev.::·l.al examples of crcktied deve:J.opment which he does not consider to be of sufficient c_:suality. -Installation of a substantial, high fenC'.e. Chr. Szabo reg.uested answers to the above questions. -M:r. Whitten stated that drainage for f'.xpecte:i rainfall will be colloctetl in the storm drain system; a positive land flow on the north .east slde of the subdivision will be utilized when stonn drains are full. 'Ihis is starrlard for downh i.11 cul -de-sacs in this area. -D..le to land values, the cost of project to extend curbs, gutters and sidewalks is prohibitive. 'Ihis project has thus been eliminated and there are no plans at present to initiat:P-such a project. -Mr. CcMim stated that this is a Tentative Map Action and not a l.uung Application; conditions for approval of tentative map regulc::ting house size, for ex.arrple, are an undesirable prc:.c.,tice. Such conditions should be placed on zoning n.pplications. Maximum average height for two story houses is 30 ft. Mr. Jackson stated that he did not kna;.r the exact height of these houses at this time. -Mr. Cowan noted Condition 17, Tree Protection Plan; per judgement of Staff, only when retention of a t.rw dramatically reduces the economic value of t11e lot will it be removed. The intent o.f condition 17 is to retain the tree.s. Mr. Jackson stated that a Tree Preservation Plan ha.d been submitted to Staff but had not yet been reviewed. -Mr. Co.>Jan stated U1ere is no City requirenent for erecting a fence; developer will usually provide them voluntarily. Fences may be 6 ft . .in height; with penni.ssion of a.Ci.joining neighbors, fe..nces may be 8 ft. in height. Ms. Wong stated that her intent was to save trees. Soroe street trees will be removed; namely, a Black Wabmt, a Redwood on Lot 8, and another Walnut tree. A number of Black Pines alol1CJ Lot 5 and t11e Pines in front of the Weber properl-y are infested by Black Beetles; same of these trees will have to be removed. Mr. Hill pointed out the Sequoia Giantia on the map. PI.ANNING C01MISSION MINUrES Regular Meetin;J of August 25, 1986 PAGE 5 ~ -500 ITEM l (cont'd) Ms. Gloria Tarqen, so. Stelling Rd., cupertino, asked that potential property :iwners be ir.formed that the areZJ. is zoned. agricultural; she has 5 chickens on the property. ¥...r. CCMan i::tated that heal th deparbnent laws may regu.late the proximity of animals to residences. Mr. Jackson asked that Con::iition 16 contain the addition, "or the developer or applicant may provide a barrl to guarantee that such garage space will be added". Mr. Ccr.van suggested. the addition of a covenant. to infonn future buyers of the prohibition of left turn :ioovements on McClellan Rd.; Mr. rruian stated that this covenant could be a disclain'var; however, this might _-eate an 1.rrrlesirable prec"..edent. MJrION: SEOJND: VOl'E: Com. Mackenzie moved to close the Public Hearing. cam. Sorensen Passed 3-0 Com. Macke.'1Zie does not object to the McClellan acc-P..ss. HCl'.\leVer, he w"a.'3 concerned about lots 5 an::l 6; in appearanc:e and use these lots are sil!lilar to 6,000 sq. ft. lots. 'lbus he favors approval of a 10 lot subdivioion. cam. SO:rensen concurred, st..1ting that .if the Commission denies this application, lots 11, 5 and 6 will be eliminated from the application; the Commission will still be faced witl1 the Stelling Rd. access and a cul-de-sac access frcim McClellan Rd. Chr" Szabo concurred also. Mr. Piasecki stated that the record indicates that a Negative Declaratiori was not made by the COnnnission on Application 5-Z-86 and asked the. commission to include the Negative Declaration in the motion. He furt.her S'~-?ge.sted that the Commission may wish to add a Condition consolictc.ting Lots 5 an::l 6. M'.Jl'ION: Com. Sore.nsP.n moved to grant a Negative Declaration for Application 12-'IM-86 and 5-Z-86 • SECOND: Mackenzie VOTE: Passed 3-0 MOI'ION: cam. Mackenzie moved to recommend apprcr.ral of Application 12-'IM-86 subject to the findings of the Staff Report, Conditicns 1-9; can:lition 10 modified to add the timing of the constructio:r. of street .illlprovements is subject to staff approval; COrrlition 11; Con:iition 12 with the addition of a requirement that the Iot lines be reconfigured to reflect a 10 1Dt subdivision instead of 11 lots; Con::litions 13-l!:i; Cun:iition 16 modified to permit th9 developer to post a bond in lieu of moving the garage before the Final Map is recorded; Condition 17; and addition of Condition 18 nquiring construction of a pork chop precluding J.eft hand :rr.ovements in the cul-de-sac, constn1ction subject to staff approval. SECOND: Com. Sorensen VOTE: Passe:l 3-0 l l ! ' i f r l"'U\NN1NG cn1MISSION MINUI'ES ~ar Meeting of August 25, 1986 PAGE 6 Fe -500 ; AJ;plication No(s) Applicant: Property owner: location: 25-U-86 and 23_-~EA~-~86~---------St. Andrew 1 s A1111eni911 01Urch_(yfill9hn Shah.inianl West Diocese of the Armenian Qiurch .Qi_ Nortj} __ America · East side of Stelling Road, 450 ft. north of .Shadc:Mhill lane~~---------------· Parcel Area (Acres) l. O gxoss, • 94 net USE PERMIT (25-U-BG) To construct and operate an 11, ooo sq. ft., 210 seat C"..hurch and associated facilities. FIRST HEARlliG <X.lNTlliUED FROM THE MEETING OF AUGUST 11, 1986 ~ DEI'ERMINATION: Negative Declaration TENTATIVE CIT'l CX>UNCIL HEARING Dl\TE: September ::>., 1986 Staff Presentation: Mr. Piasecki stated that this parcel is zoned for Quasi Public use; the Applicants are rsquestirr;J permission to construct the proposed Church. Staff has w-urJ<ed with the applicant to fit a substanti.U structure on a narrow let; the applicant has minimized. much of the itnpact of this structure. 'Ihe fooues that the Staff has concerns about are: -Parking; Staff recommends a limitation on number pe.rmanent seats not exceeding 17 4 • The parking ratio is then acceptable. Conditions alla.'1 SUnday School activities during Church se:i:vioas; on special occasions, 81.lrd.ay School activities would not be allowed. -Shadow castirq; this structure casts shadows to the north. A diagram was sha.vn to the Commission. -Privacy impacts; Staff feels that privacy impact will be mitigated by landscaping and obscured windows of the building. ASAC reviewed the application and had no concerns. The petition circulated in tl1e neighborhood was available for the Commission; these concerns have been addressed by the applicants with th1:.' exception of the proposed fence to clOf",e the parking area when not in use and the use of masonry material to constn1ct a fence. · cam. Mackenzie questioned the limitation of perrnane."Tt seating, stating that tl1e City Manager r.as determined that monitoring requirements which limit employees or seating is .impossible. Mr. Piasecki concurred stating that it is a question of reasonable size facility relative to proper~:y. The Condition would be utilized to investigate and resolve any complaints made. In response to Chr. Szabo's question, Mr. Piasecki stated that the mix of compact parking space.-: to s'c:anda-rd spaces is 33·% compact parldng spaces. PIANNING CX:MMISSIOO MINUTES Reqular Meeting of August 25, 198 ... PAGE 7 Fe -500 ITEM 2 (Cont'd) Com. Sorensen questioned the mnnber a.rrl ~ssible impact of special events, · cultural or social activities often held at Churches. Applicrurc's Presentation: Mr. Mk.ha.el RU.zirian, Chaiman of the st. Arrl.rew Building Commit.tee stated tJiat Mr. Vaughn Shahinian, who was scheduled to address the eonun: ssion, was ill. He offered to answer any ques·~ions arrl presented a m:Xlel of the proposed building. In n>...sponse to ~ncerns raised, he stated that special events are often drop-in affairs. He cce:mnented on the parking ratio of 4: 1, stating that such a ratio nay not accurately reflect the custom in Orthodox churches that farnilies come in groups to participate in services; te..'"'\chers arrl children going to SUn:lay School are part of the fa~lies atten:lil~ Services and CXllOO togethi.rr in family cars. He requested consideration from the Commission on this issue. Average attendance is 100 people with a maxinrum of 150 individuals. In response to questions by Com. Mackenzie, he stated that efforts have been made to add parking on site; changes in design of a single driveway to serve as both entrance./eY..it have created additional parkin;J spaces. cam! Sorensen commented on the lack of a Condition on hours of operation; Mr. Piasecki stated that a Condition can be added to address this conce:rn, with consideration given to special occasions which may require late evening sei.vices. The Applicant suggested four special occasions during t.he year; scc:i.al activities end at 10:30 or 11:00 P.M. Ms. Kathryn Nickersen, 11360 So. Stelling Rd., Ct.l[Y".rtino, askf.....d about the height of the building. She stated her other con0ellls as: -shadow cast on the orchanl area in her yard -stairway on the side of the Church which overlooks her property; she requested a sufficiently high wall to protec.t the privacy of her yard -usage and hours of operation at the Church; approximately two evenin:;Js a week the Oi.urch is used after 10 P.M. In some instances, usage has been until 1:30-2:00 A.M. -current problems of parking from the present struc.1..-ure may be alleviated by the proposed building a00 parking arE>..a. -possible reimbursement by the Church for the added cost of an exb:>....nded ce.ble to be cormected to the satellite dish when installed. -installation of a niasonry wall. Mr. Piasecki stated there is no limitation on hours of operation withiri this zoning ordinance; the commission could add a Condition similar to that used in commercial ordinance, namely, 7:00 A.M.-11:00 P.M. He suggested an extension of the building wall to screen the view of those using the side stairway rather than raising the hei9ht of the wall. A noise attenuation wall was recommended. PI.ANNING cn1MI.SSION MINtJrES Re;jular Meeting of August 25, 1986 PAGE 8 PC -500 ITEM 2 (Cont'd) Mr. Iazzlo r.. Nemeth, 1170 st. Stelling Rd., a.ipe.rtino, stated that n¥:>St of his concerns a.a one of the signers of the petition have been answered. HCMeVer, a gate and a feJ"l('..e to deter unauthorized .in:iividuals from entering the property was still of concern. He confinned that in the last few m:mths, a couple of events c:.t the Church lasted later tlmn 11: 00 P.M. -12:00 A.M. Mr. Araiu Henesian, 21669 Terrace Dr. , CUpert ino, stated that he was a charter rrember of the Church. He statal t-.hat he plays in a band for Church activities a.-d these activities have never gone past 11:30 P.f1. 'lhe proposed buildin:; plans were designed to prevent noise from going beyond the O"Ulrc:h as well as preventing noise within the 01UrCh from traveling to the other floor and disturbing services. Mr. Peter Masola, 7655 Berbud ct., CUpert:lno, otated that hi::.1 property is about thre2 feet higher than the Church property, th•.is a 8 fO<Jt high fence will be only 5 feet high on his property. He requested a 10 foot fence to insure the privacy of his yard and noise attenuat.i.on. 'Ibis wall should be a masonry structure to prevent a possible car accident and a security fence should be installed in front to prevent potential robberies. He requested inf onration on proposed lighting of the parking area and stated that he has experienced. activities at the Church to last on occasion until mictiught. Mr. Ching-Fa Hwang, 7667 Berbud ct., O.Ipertino, stated that he wished to support his neighbor's point of view and requested a 10 foot masonry fP.nce for security and noise attenuation and the installation of a front security gate. He has noticed teenagers hanging around the parking area. Ms. San.:tra Chadd, :'.1354 So. Stelling Rd., CUpertino, stated that the Church has 'been a good neighbor and suggested th;:;i.t planting of tall trees will insure the pri:Vacy of the adjacent property oW:ners. MCYrION: cam. Sorensen moved to close the Public Hearing. SEmND: cam. Mackenzie VOTE: ?assed 3-0 Mr. Piasecki a:irrected the Tentative Council Hearing Data; this Use Pe.1.1llit Application is final at the Commission level unless appealed to the City Council. Com. Mackenzie stated that a gate across the driveway prevents the sheriff's department from patrolling the area; gates may work to the detriment of security. In response to his question, Mr. PiasecJ<l stated that when the.re is a shift in elevation in adjoining pr0perties, measurement is taken at the highest point of the adjoinin<J finished grade. 'Ihe fence would be built fn'IJU the higher grade. 'I'hc Cormnissioner favors a masonry fence. PIANNING CD1MISSION MINUI'ES Regular Meeting of August 25, 1986 PAGE 9 i::c -500 ITEM 2 (cont'd) eom. Sorensen concurred with tJ1e above and suggested the use of a chain across the driveway. Chr. Szabo favors a requirement for a masoru:y fence; use of a chain across the aisle is difficult to enfor.::::e, arrl no c.onclusive evidenc.e been presented to shew that this security problem exists. In response to :numerous cormnents from the audience on this issue, arr .. Szabo called the meeting back to orde.r an::l stated that the Corrlition could be added if security ~s a problem. Regarding hours of operation the Colllinissioners reached consensus on 7:00 A.M. -11:00 P.M. MJI'ION: cam. Sorensen m:ived. to grant a Negative Declaration to Application 25-U-86. SEOOND: cam. Mackenzie VOI'E: Passed 3-0 :t-mrON: cam. Sorensen moved to approve Application 25-U-86 subject to the findings .)f this hearing and the Staff Report with Corrlitiol19 1-10; COrrlit:l..on 11 modified to read " •• occupancy of the ch'UJ ·'-> shall be limited to 174 pennanent seats."; Corrlition 12; Corxiition 13 change acoustical barrier to read, ":maso:ru..y barrier"; Corrlitions 14-19; Add condition 20, Hours of aperaticr.. are 7:00 A.M.-11:00 P.M. with the e.xception of 4 special occasions including Christmas and Buster and hvo occasions to be determined; Corxiition 21, to state that the stairway on the north side of the Chura.'1 will be screened by exten::ling the build..im wall. SECOND: cam. ~.ackenzie VOIE: Passed 3-0 Break: 9:25 -9:38 P.M. ITEM 3 Application No(s) Applicant: Property o.vner: D:x::ation: 14-U-86 and 9-EA-86 ptower and Associates, AJA, Inc. (Ron cali) Edward S .J. cali Tru.~s~t~e~e'-----____ _ Northwest corner of McClellan Road and De .Anza Boulevard Parcel Area(Acres) .5 USE PERMIT (1~-U-86) ReqUesting approval of a use r::ermit to construct a 6,900 sq. ft. office building. FIRST :HEARING ENVIRONMENTAL DEI'ERM.iNATION: Negative Declaration TENTATIVE CITY CDUNCIL HEARING DATE: Sepb.rober 2, 1986 PlANNING CCMMYSSION ML.'IJUI'ES Regular Meet.ir.g of August 25, PAGE 10 PC -500 ITI:.M 3 (cont'd) 1986 Staff Presentation: Mr. cowan presented diagrams to demonstrate the envirornnental setting of the site whero proposed realignment work is being done on McClellan Rd. 'Ihe realigrane.nt plan has not yet been approved by the City Cou.'1Cil. The l.""P.alignment of this corner shapes potential development of the applicant's site. Staff sugge;;;ts that the applicant be given credit for this extraordi.nar:· dedication; precedent for such credit goes back t:o the mid 1970 1 s with the adoption of the trip in poliC'J involving No. De.Anza Blvd. 'Iha site Plan was presented for the proposed two story structure. Staff supports a compromise for the frontage landscape be.no.; deviation from the 35 ft. from curbline to building line standal."U adopted recently in i:.onjunction with tlle so. DeAnza Blvd. Plan should be c0ns.idered, due to the extraortlinary conditions of dedication. Staff favom reduction of the 35 feet depth to 26 foot average space. Staff has attempted to worl<: ou':. a system in which the applicant and. the adjoining shopping center share an existing curb C'Jt. 'Ihis has been resolved. However, four parking spaces have been eliminated; the required 31 spaces have been reduced to 27 spaces. Access to McClellan Rd. by left turns is of conce.r;n to staff; a left turn prohibition may hav0 to be exterrled to the ar"iveway. In re$ponse to cam. Sorensen's question, Mr. Cowan confinned. that there will be a left tum lane off of st.evens Creek Blvd. on to McClellan 1'"d. Mr. Cowan handed a copy of the ASAC report to the Commission; this application was heard by this Committee earlier in the evening. Applicant's Presentation: Mr. Ronald E. caJ.i, Cali Financial Marr--:1.ge.-nent co. , stated that the proposed project has dual use; office space will be on the upper floor ~xi cammercial space on the first floor. The office space will be for the use of Clli Financial Management co.; granting approval of th:ts application will be continuing the alm:lst 60 Y€a.r tradition of association between the City of CUperdno and the Cali family. Anticipated use of the lower floor will be for a financial institution; Mr. Yocum, American Savings, will te..stify to their interest in this commercial space. Mr. Richard St.CMers, Sto;ver and Assochtes Arci1itects, commented on the design restraints of this small site. 'Ihe architects have arrived at a building configuration that will be compatible with the limited size of the site and the angle of the corner. 0 PIANNm::; a::MMISSION M.INl1I'ES Regular Mooting of AUgUst 25, 1986 PAGE 11 Fe -500 ITEM 3 (Cont'd) The Applicants have agreed to larrls<'..aping mcx:lificati.ons requested.; rvm\ely, exteniing the bm.-m.ing ft.u-tl1er around the building a.rrl addition of trees. a.rrl sh!""Jbs. The addition of a pedestrian access arourr.:l the builcl.in;J is acceptable to the applicants. Mr. Stowers clarifie::i design eleme.r.ts, acc.ent color, screening .of the equipment, arrl use of skylights on the roof of tl1e building. In response to Com. Sorensen's qt.1estion regarding the use of copper roofing, the Applicant stated. that copper will be allowed to weather a.rrl there will not be a reflection; this wea.tl'lP...rin;J will take a period of weeks and tlle roof will be a dark bronze color. 'Iha Public Heari.rrj was opene::l. 'Ihere were no speakers. MOI'ION: cam. Sorensen rroved to close tlle Public Hearing. SECOND: Ccm. Mackenzie VOI'E: Passed. 3-0 Cam. Mackenzie stated. tlmt he coreiders the perking deficit to be a special problem for this site. He will consider the Trdffic Study statement that financial institutions have relatively light parking use patten'ls, if approval of this Application contains a Condition limiting Uses to banks, similar financial institutions, or office use. In n>.sponse, Mr. Gary Yoet.nn, American Savings, stated that throughout branches of American Savings, parking is used on a short term basis; use of all 27 parking spaCP...s at any one ti.IrA is not anticipated. American Savings has been negotiating with tlle cali Financial Management Co. to lease space in the building; a ten year initial tern lease, with ·twr", five year options, has been agreed upon in theory. In response to On:. Szabo 1 s question, Mr. Yocum stated tbat visibility fll."'Ourrl autonia.tic teller machines is important to insure tlle safety of +-11e uses of these machines; tl1us, any benn tllat is too lu.gh will diminish the visibilit·y and safety· of customers. Mr. cali asked tlle Commission to clarify the Use restriction; he explaine::i the difficulty of leasing space in a one use structure. 'Ihe applicant.c; have mitigated. parking problems by a reciprocal acce.ss agreement with McClellan Square. Orr. Szabo suggested wording that excluded retail Use. Mr. Cowan suggested. adjusting the Q)::fice/cormnercial :cctio, and noted that Con:lition 15 addresse::i tl'lis possibility. He assured the Corronission that Use Permit conditions will take prece::ience over any lease agreement. Mr. Piasecki stated that coooition 14 addressed Use constraints; higher generatin;s Uses require Use Penuit review. •' .\ PI.ANNING cn1MISSION MINCJI'ES Regular Meeting of August 25, 1906 PAGE 12 PC -500 IT.El1 3 (Cont'd) 'The canmissian asked. th1a Applicant if he would concur with a con:iltion excluding retail use until 6UCh time as a recripcx;al access agreement is reached; the Applicant stated his proference for Cc1n:lition 14 as stated in the Resr.ilution with the understarrling that a Use Pennit is required with any higher use. Upon clarification, the Applicant accepted Con:lition 14 to include the e.>..'Clusicn of retail Use. Mr. O:Man stated that condition 14 grants awroval to construct office/commerci.al s_pace; Corrlition 15 implies that there are :reEJtrdints b tel."lllS of office/cammm:cial ratio. M:1I'ION: Com. Sorensen moved to grant a Negative Declaraticn to Application 14-U:-80. SECOND: Cam. Mclcke.nzie VOTE: Passed 3-0 z.mION: Cam. Mack.eru:ie rroved to rec:armnend approval of Application 14-U-86 subject to the findings in the Staff Report, Con:litions 1-13; Co:rxtition l4 modified. t6 read, 11Use.s . sr..all be regulated in accordance with a; Zoning Ordinance, excludi.n3' retail sales activities." SEOOND; Com. Sorensen VOI'E: Passed 3-0 OID BUSINESS -None NEW BUSINESS: ITEM 4 -Application 38-,U-85 ~ Robert Keil -Requesting interpretation of minor m:xtification to a previously appravsd. use permit for a 6 unit detached single-fantlly planned development located on the south side of Peninsular Ave.nue, approximately 60 ft. east of Barranca Drive. Staff Presentation: Mr. Piasecki presented an aerial photograph and stnted. t.11.at this site was difficult to develop. T.he applicants presented plans to Staff which did not meet setback restrictions and building area restrictions. Upon Staff request, the applicants prepared additional exhibits. 'These exhibits, which showed the additions an.:l deletions to previously approved housing W1its, were presented to the Commission. In S1..ll11lllillY, the heights of the buildings have been reduced, additions are to the side arrl bcl.cl:: of the buildings arrl invo:i..ve only one story; tl1ese additions will be be highly visible fram tl1e &treet. 'Ihe IOCJ<lified . .:ru.ildings present more interesting forms thai."1 the original buildings. staff is satisfied that this request represents minor modifications and suggests that the Commission approve the modifiE.<l resolution. ( " PIANNING a::t1MISSION MIN\JT'ES Regular Meeting of August 25, 1986 PAGE 13 Fe -500 ITEM 4 (Cont'd) In response to Com. Mackenzie's question, Mr. Piasecki prese.ntoo the Canplete Setback arrl Square Footage Ola.rt. Chr. Szabo stated that in the interest of having better designed buildir.qS this request f'.hould be approved. Z.l'.r. Piasecki stated that the question is whether these chan;Jes consisitute a requirement for a public hearing. Applicant's Presentatioru.. Mr. Joe Barbano, designer, offered to answer cmy questions. He oonfinned that all of the houses are three bedrcxJm houses with 2 or 2 lj2 baths. Mr. Bruce Bellan, purchasE'..r of the property, stated that the design changes were made when it was foun::l that the side yard areas we.re not · nearly as usable as the interior space. The price of these houses will be in the mid $250,000 ran:Je. consensus reached that the Commission con.."'liders this request a m:l.nor modification. MJI'ION: Com. Mackenzie moved. to adopt a Minute Order stating that the PlanirxJ Commission approves a minor amendment to a previously apprmred use }?f'..rmit for a 6 unit detached single family planned development. SEOJND: com. Sorensen vdrE: Passed 3..:0 ITEM 5 -Minor ~t of 6-U-73, Vallco Fashion Park, to constnict up to 15 kie>::J<s occupying up to 2 , 000 sq. ft. of floor space in the Vallc.:o Fashion Park Mall. Mr. cavan stated that he received. the above request. Neither the Council · nor tllP-Planning C.ommission has been involved in df'.sign review of the· internal Mall. The new oi'lner. has been given a Master Use Pennit. Haver.rer, a :minimal square footage fr1crE>ase may occur with this request arrl Mr. .CCMan felt that the Cormnisi:iion should be aware of this ei'1ange. Mr. Mark Handcock, Westfield, ownei.--s of the Vallee Fashion Mall, stated that this change will not hinder activities but will reconfigure the seating and the displays. In response to cam. Sorensen's question, 1'1'..r. Handcock stated that 10 kiosks are initially planned. and some of them will be used for food. Chr. Szabo stated his concern that the Mall will be cluttered.; Mr. Harrlcock responded that strict design controls are being. used. Commissioners Sorensen an:::l Mackenzie concurred with concerns expressed; Mr. Handcock: offered to meet with the Commission to discuss cone.ems. PI.ANNING CXMMISSION MINtJ.l'FS Regular Meeting of iwgu.st 25, 1986 PAGE 14 PC -500 ITEM 5 (cont'd) IDITON: can. Mackenzie moved to authorize the Planning Director to allow up to 2, ooo square feet of spac.e for kiosks in Vallco Fashion Park. SEOJND: O:m\. Sorensen VOI'E: Passe::'l 3-1) REFORI' OF PI.ANNING c::x:M>USSION -camm.issione:t'S Sorensen and. Mackenzie met with Vallco Park Limited, reviewed the history arrl toured. the area. Both commiss1one.rs expressed a:i;:preciation for tha event. -Chr. Szabo noted the letter received from Mr. Patrick Duffek, 10104 F.an:ly Lane, CUpertino, stating park.:i.n:J concerns at the intersection of Rarrly lane and Stevens Creek Blvd. Mr. Cowan stated that staff will make checks of the intersection. can. Soii9l1Sf>J1 am Mr.. Pia...qecJd cammented that they have driven by tru:l area am have not noted any probleins. A letter wUl be sent to Mr. Duffek. REroRI' OF PI.ANNING DIRECTOR -written report submitted. ADJOURNMENT: Having concluded its business, the Planning eommJ.ssion adjourned at 10:30 P.M. to the next Regular Meeting of September s, 1986 at 7:30 P.M. Respect.fully submitted, carol A. Probst-caughey, Recordi.n] Secretary Approved b'.f the Planning Cormnission At the Regular Meeting of Nicholas Szabo, Chairman I 1986: ~-'