PC 04-16-80
--
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone (408) 252-4505
PC-330
Page 1
(13)
MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
ADJOURNED FROM.PRIL 14, 1980.
CALL TO ORDER/SALUTE TO THE FLAG
7:30 p.m.
ROLL CALL
Commissioners Present:
Commissioner Claudy
Commissioner Koenitzer
Commissioner Blaine
Staff Present: Assistant Planning Director Cowan
Associate Planner Piasecki
City Attorney Kilian
Assistant City Attornp.v Foley
City Engineer Whitten
ITEM #7. Applications l2-Z-80 and 3-U-80 of GEORGE H. BUCK:
REZONING of approximately .3 of a gross acre from Rl-lO
(Residential, Single-family, 10,000 sq. ft. minimum lot
size) zone to P (Planned Development with office intent)
zone or whatever zone may be deemed appropriate by the
Planning Commission; USE PERMIT to convert a residential
structure consisting of approximately 1,300 sq. ft. into an
office building and ENVIRONMENTAL REVIEW: The Environmenta
Review Committee recommends the granting of a Negative
Declaration. Said property is located on the northeast
corner of Foothill Boulevard and Stevens Creek Boulevard.
First Hearing. Tentative City ,Council hearing date --
May 5, 1980.
Assistant Planning Director Cowan pointed out the site that
was bordered in red (redline showing residual area after
all dedications for Foothill Boulevard) and amounted to
7,500 sq. ft. The request was for zoning to Planned Devel-
opment. A point of clarification: Paragraph 2 of the
Staff Report indicates that the plan was amended. Actually
it should be termed approved by the Planning Commission
and expedited toward the City Council by April. The Site
Plan indicated the work that had been done, and it was in
conformance. On Condition #l7, Mr. Cowan asked that the
Site Control Committee review landscaping, and specific~lly
on Condition #17, the barrier on the east property line
should be a 6 ft. fence (although the County proposed the
barrier height for Foothill Corridor).
CHR. KOENITZER pointed out that normally a solid masonry
wall would be required between commercial and residential -
6 ft. in height to be additional sound abatement; and he
said that usually it was not based on noise study. He said
he was concerned that a high barrier would seem to convert
a requirement of a solid dividing wall into a requirement
for sound attenuation.
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MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
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COM. BLAINE asked if there was a steep drop.
COM. CLAUDY said that there was along the northern run of
the easterly property line. COM. KOENITZER said he was
aware the site was fairly level with a slope in the back.
CO~. CLAUDY questioned the staff about the parking spaces
(2 parking spaces at the bottom of the diagram.) and he
stated that he did not want a concrete slab.
Assistant Planning Director Cowan said the Staff would like
to delete the parking spaces and landscape with one curb
cut. The passage would extend north.
Mr. George H. Buck, owner of property, mentioned that he had
had discussion with the Staff and was in agreement with
providing landscaping at the location. He stated that they
would be getting together on the esthetics of the building
and the property in general. ~r. Buck pointed out the
section that had some drop-off, at the rear of the property,
and he suggested the wall would have to be higher or go
down lower. The site was level behind the structure. The
back corner, however, would require fill in order to level
it up as he would like to. He was not certain as to how
much fill would be required.
COM. CLAUDY asked about fill in terms of feet
6 inches or 2 to 4 feet above,existing grade.
raising
Mr. Buck answered that they were probably talking about
4 feet of fill.
COM. BLAINE'S inquiry concerned the architectural com-
position of the building. She noted that composition
shingles were to be pDt on the roof. Com. Blaine stated
that she was concerned about the corner because of the
moving of a building or house onto it and converting the
building or house to office use. She wished to determine
that the corner, being an important one in the City,
would look good and attractive and would be an asset.
What she had seen so far was not impressive. The com-
position shingles and the building looking like a house
concerned her, and she proposed H-Control be given a
message from the Planning Commission. Possibly ~he use of
shake shingles would improve the appearance considerably.
Giving the building the appearance of commercial structure
and of~ice building was of first importance.
Mr. Pat McCernan, said he was constructing a home at
10164 Foothill (South). He had received a notice in the
mail, but a neighbor had not. He expressed concern for
MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
ADJOURNED FROM APRIL 14, 1980
PC-330
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permits issued for residential structures and then the
change to commercial.
COM. KOENITZER explained the procedure of notification of
residents within 350 ft. of a subject property. Also, he
explained that the City was in the process of changing the
General Plan to reflect commercial zoning on the property,
along Foothill to Stevens Creek and old Cupertino Road.
Residential zoning would be retained, in accordance with
the General Plan, in single-family residential zoning as
much as possible. The subject lots were changed because
they have high noise and heavy vehicular traffic.
PUBLIC HEARINGS CLOSED:
PASSED: UNANIMOUSLY
Com. Claudy.
Second: Com. Blaine
3-0
The Commissioners discussed the problem of the fence andl
or wall.
MOTION:
SECOND:
PASSED:
MOTION:
SECOND:
PASSED:
MOTION:
Com. C1audy, Recommend Granting of Negative
Declaration of environmental impact.
Com. Blaine
UNANIMOUSLY 3-0
Com. Claudy, Approval l2-Z-80, subject to Standard
Conditions #1 through #14; #15 and #16 as per
Staff Report.
Com. Blaine
UNANIMOUSLY 3-0
Com. Claudy, Approval 3-U-80, subject to the
Findings and Subconclusions of the Staff Report.
Standard Conditions #1 through #16 as per Staff
Report. /117 modified to read, "...wall to stop at
building setback and be stepped down as it
approaches the sidewalk. The applicant shall be
required to install a 6 ft. high wall along the
easterly property line that is stepped down at
Stevens Creek Boulevard -- to be reviewed and
approved by Architectural Site Control Committee.
MINUTE URUKK: to ~-CUNTKUL explaining our conc~rn about
Com. Blaine: this property -- rehabilitation of the house,
the materials used on the outside, on the
roof and concern that it look like an office
building and not a house moved onto the prop-
erty. Care and concern should be taken that
the landscaping be professional as possible.
The stepping down of the fence should be done
in a manner that doesn't present a walled
appearance to those driving up Stevens Creek
towards Foothill.
COM. BLAINE
CLADDY
UNA,"n1!OUSLY
HOTION:
SECOND:
PASSED:
3-0
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MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
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ITEM #1, Application 3-TM-80 of ELDON R. HOFFMAN (ANY MOUN-
TAIN, LTD.): TENTATIVE MAP to subdivide approximately 2.3
acres into two parcels equaling approximately .65 acres and
1.65 acres and ENVIRONMENTAL REVIEW: The project was
previously assessed, hence no action is required. Said
property is located on the southwest corner of De Anza
Boulevard and Mariani Avenue in a P (Planned Development
with industrial, commercial and residential (4-10 dwelling
units per gross acre) intent) zoning district. First
Hearing. Tentative City Council hearing date - April 21,
1980.
Associate Planner Piasecki pointed out the variation of
the property line (to be moved 20 feet to the west) to en-
sure that parcel A and parcel B are separate with respect
to parking. Reciprocal ingress and egress between parcel
A and parcel B parking easements to be recorded simul-
taneously in escrow and be transmitted only with transfer
of ownership.
Mr. Tim. Collins, Comptroller of Any Mountain, Ltd., and
Mr. Hawkins, Financial Advisor, explained that the request
was being presented to satisfy state requirements for the
building of the l3,200 sq. ft. building located on parcel A.
They indicated they'd rather have the property line moved
only 10 ft.
The Planning Commission members discussed the shifting of
the property line.
Assistant Planning Director Cowan suggested Condition #17
should be changed to read, "...parking spaces serving
parcel B -- to the westerly-most edge of parcel B..."
PUBLIC HEARINGS CLOSED:
PASSED:
Com. Blaine.
UNANIMOUSLY
Second: Com. Claudy
3-0
MOTION:
Com. Claine,' Recommend Approval 3-TM-80 as per
Findings and Subconc1usions of the Staff Report.
Standard Conditions #1 through #14 as per Staff
Report; #17 to read, "The property line between
parcels A and B shall be to the west to corres-
pond to the westerly-most edge of the parking
spaces servicing parcel B; #18 as per Staff
Report.
Com. Claudy
UNANIMOUSLY 3-0
SECOND:
PASSED:
ITEM #9, Applications 10-Z-80 and 4-TM-80 of EDWARD GRAY:
PREZONING OF approximately 1.4 gross acres from Santa Clara
County Rl-lO (Residential Single-family, 10,000 sq. ft.
minimum lot size) zone to City of Cupertino RHS (Resi-
dential Hillside Slope Density Formula) or whatever zone
may be deemed appropriate by the Planning Commission;
MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
ADJOURNED FROM APRIL 14, 1980
PC-330
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TENTATIVE MAP to subdivide the subject property into four
lots ranging in size from 10,200 sq. ft. to 17,600 sq. ft.
&nd ENVIRONMENTAL REVIEW: The Environmental Review Com-
mittee recommends the granting of a Negative Declaration.
Said property is located at the westerly terminus of Poppy
Drive approximately 400 ft. westerly of Foothill Boulevard.
First Hearing. Tentative City Council hearing date --
May 5, 1980.
Associate Planner Piasecki explained that the property had
one home, and the request was to create building sites for
three additional homes under the Foothill Modified Slope
Density Formula, under which it qualified. Drawings of the
site were exhibited and the two options for building on the
property were explained -- building on the slope and on
fill, or building on flatter portions of the site and ex-
tending driveways. BAS Homes construction grading was i-
dentified at the rear of the subject site. A graph was
exhibited on the board showing the fill pattern and depth
required for the pads of the homes.
The Commissioners discussed the location and degree of
fill required in detail. The fill situation shown was
lieu of an 8 ft. drop to decrease the amount of grading.
Landscaping could be utilized to incorporate the levels of
grading into the terrain pattern. Attention was called to
the 4 ft. drop for the garage and it was suggested the de-
sign could be made to work a little better.
COM. CLAUDY noted that the fill slope had a vertical drop
of 14 ft -- 14 ft. of fill.
CHR. KOENITZER commentad that all of the houses did not
have to be built at one level. He said he was concerned
bout grading; yet, he stated it didn't seem to completely
destroy the useability of the lots.
Representative for Mr. Gray advised that they wished to de-
visa a plan to accommodate sites on the hillside. He said
he felt there was the possibility of building the homes on
the level portion. The main reason for using the hillside
was to minimize the step driveway for the fire trucks.
He advised that there were many ways of use in cut and fill
and poll foundations. What they really wished to do was
to exhibit a workable solution to the site.
Assistant Planning Director Cowan, in response to Com.
-elaine, advised that there was a 5% cross slope, and the
'ire Department wanted it changed to 2%. He advised that
City Engineer Whitten would be working to try to make the
transition smoother between the grades.
COM. CLAUDY said he was concerned and felt he couldn't vote
for it. He felt the pads were installed to elevate the
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MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
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proposed homes above the BAS homes in an effort to take
advantage of the view. He said he realized that Staff was
trying to avoid a long driveway -- 30% slope being the
maximum, but 15% being better, in either case, the turn-
around .to facilitate the equipment m~king the run of the
hill.
COM. BLAINE suggested cutting the houses into the hill.
COM. CLAUDY suggested two-story homes (one story on each
side of the slope), which would eliminate considerable
amount of fill.
PUBLIC HEARING CLOSED:
PASSED
MOTION:
SECOND:
PASSED
MOTION:
SECOND:
PASSED:
MOTION:
SECOND:
PASSED:
Com. Blaine.
UNANIMOUSLY
Second: Com. Claudy
3-0
Com. Claudy, Recommend Granting of a Negative
Declaration.
Com. Blaine
UNANIMOUSLY 3-0
Com. Claudy, Approval, 10-Z-80.
Com. Blaine
UNANIMOUSLY
3-0
Com. Claudy, Approval 4-TM-80, subject to the
Findings and Sub conclusions as set forth in the
Staff Report, Standard Conditions #1 through #14;
#15 and #16; Condition #17, the grading plans
approved to represent the worst case for a step
and configuration of each lot. Delete sentence
3 of Condition #17. Add sentence, "The pad
heights shall represent the maximum values, and·
the lower story splits shall be revised downward
to show a full 8 ft. instead of the existing 3 ft.
existing pad separation.
Com. Blaine
UNANIMOUSLY 3-0
NEW BUSINESS
ITEM #11, AB 2698 (Manufactured Housing Production Act of
1980) Assemblyman Roos.
General Discussion led to the agreement between the
Commissioners that the City of Cupertino did not want
trailers (even with two-car garages) on concrete foun-
dations. And they did not want mobile homes built on lots
in the City. Modular homes were somewhat different in
that it was difficult to identify them as modular homes.
A cut off date for installation, and a requirement that
a date of manufacture tolerance date should be established
for the event of having to accept some form of that type
of housing. Esthetics of installations should have con-
trol.
MINUTES/APRIL 16, 1980 REGULAR PLANNING COMMISSION MEETING
ADJDURNED FROM APRIL 14, 1980
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Assistant Planning Director Cowan mentioned that all the
Planning Commission had to do was give a report regarding
the bill.
The Commissioners agreed they were in favor of opposition.
If they had to be permitted, then restrictions as to age
and conditions of moving onto lots should be controlled.
COM. KOENITZER stated that, in general, it could be said that the
application for location of solar energy component parts by Mr.
Huntsman had made it apparent that the Staff needed guidelines for
privacy intrusion, when adding 2nd stories to existing homes, in
instances such as these. It was agreed that it might be worthwhile
to review guidelines used by Staff.
COM. KOENITZER stated that, in general, it could be said
that the application for location of solar energy compon-
ent parts by Mr. Huntsman had made it apparent that the
Staff needed guidelines (r~ther detailed) to protect them
in instances such as these. It was agreed that it might
be worthwhile to review guidelines used by Staff.
REPORT OF PLANNING COMMISSION: See paragraph above.
REPORT OF PLANNING DIRECTOR
Assistant Planning Director said the Staff could commence
work on the project. He reported that work on the histor-
ical ordinance, the noise ordinance, were coming up. He
stated that he would provide a copy of the Work Program
to the Commissioners for discussion.
COM. CLAUDY said he wished to extend the congratulations
of the members of the Planning Commission to the former
Chairman, John Gatto, on the occasion of his winning the
election to the City Council of the City of Cupertino, and
also upon the occasion of his having been sworn in as a
member of the City Council of the City of Cupertino.
ADJOURNEMENT
10:45 p.m.
APPROVED:
City Clerk
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