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PC 09-29-76 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSI HELD IN THE COUNCIL CHAMBER, CITY HALL, ON SEPTEMBER 29, 1976 CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Adams called the meeting to order at 7:35 PM. with the Salute to the Flag. OOLL CALL C01IIIII. present: Comm. absent: Blaine, Koenitzer (7 :40) , Woodward, Chairman Adam Gatto Staff present: Director of Planning and Development Sisk Director of Public Works Viskovich Assistant Planning Director Cowan Assistant City Attorney Kilian PUBLIC HEARINGS Chairman Adams announced the purpose of this Adjourned Meeting was to complete the September 27, 1976 agenda. Since the applicant was not yet present, it was moved by C01IIIII. Woodward, seconded by Comm. Blaine to consider agenda item 4 before item 3. Motion carried, 3-0 Comm. Koenitzer arrived, explaining that he had car trouble on the way to this meeting. 4. Application 7-V-76 of KENNETH J. A..'ID CLAUDIE. E. BLACKMON: VARIANCE request to reduce the front yard setback requirement from 25' as set forth in the approved conditions for tentativ map application 3-TM~74 to 20', and to request a variance fr Section lO.4 of Ordinance No. 220(n) to permit a rear setback of 10' in lieu of 20' or 20% of the lot depth for a 2-story building. Said property is located at 22074 Baxley Court, also commonly referred to as Lot 5 of Tract 5561. First Hearing. The Planning Director reviewed the September 24, 1976, staff report on this item. There is a restriction requiring a 25' setback in the front yard in this subdivision. There is no request for variance of the rear yard setback at this time. PC-238 Page 1 PC-238 Page 2 September 29, 1976, Minutes of Adjourned Planning Commission Meeting Mr. Michael J. O'Hearn (HABITEC), 3000 Scott Blvd., Santa Clara, said they discovered there was a problem when they came in for their second building permit. They have reoriented the building and cut off part of the second story element and a portion of the living room by 7%. Because of the way they are situated on the site, two cars can be parked on site without overhanging. Mr. Kenneth Blackmon, 1068 November Drive, Cupertino, California 950l4, said they are trying to resolve this one last problem before starting construction. Comm. Koenitzer said he finds it very difficult to justify a variance here. This lot is larger than most. Mr. O'Hearn said that because of the cul-de-sac encroachment, there is less frontage. He would like to save the large trees on the property. It would be a safer condition for the children if the doors are oriented away from the front of the property. Mr. Blackmon agreed is oriented in this The long roof slope of the cul-de-sac. square - That, and his house should be they want to keep the large trees. He said the house way so that in the future he can put in solar heating. gives a lower dimension and tends to open up the end The normal cul-de-sac is pie-shaped whereas his is the location of the mature trees determined how placed on the lot. Since there were no further comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Koenitzer to close the public hearing. Motion carried, 4-0 Chairman Adams reviewed the reasons for the variance request: Save the trees; protect the view; and allow for solar heating. Mr. Blackmon said he has a daughter with an allergy problem. He is planning to use the hot water system, and solar collectors are better and more efficient on a southerly exposure. His electric energy require- ments will be cut at least 75%. Comm. Woodward asked if it would impose problems if he were required to move the house back some 5'. Mr. Blackmon said there is a service road directly behind his lot and the property behind him is owned by the City of Cupertino and leased to Deep Cliffe Golf Course. He did not object to moving the structure back 5'. It was noted there is never going to be a residence directly behind him. Sept. 29, 1976 MINUTES OF ADJOURNED PLANNING COMMISSION MEETING The Assistant City Attorney referred to page 2 of the September 24th staff memo, cautioning that all three conditions of approval for the Variance must be met. Comm. Blaine took into consideration that there will never be a homesite directly behine this one. She is concerned about en- croachment in the front for aesthetic reasons. She could see granting of the variance in the back if the structure were moved back 5 I. Chairman Adams agreed. Comm. Koen1tzer said a variance was granted to the tract because they were granted a 25' setback in lieu of the 20' street width. In this case, he feels the problem is with the design of the house, not the lot. The rear yard variance would, however, be more acceptable to him. Comm. Woodward said this is unique in that this property borders on the City park and, therefore, does not enfringe on the privacy of a neighbor to the rear. Moved by r:omm, Blaine, seconded by Comm. Woodward to approve application 7-V-76, modifying the application so that there will be a 5' deviation of the rear yard setback of the second story such that there will be the normal 25' setback in the front; the mature trees shall be saved; and the Planning Commission has found tha.t there are exceptional circumstances in that there will not be any homes to the rear of this property. Findings: Granting of this request will preserve the mature trees on the property, protect the view, and will allow for solar heat- ing of this structure, AYES: NOES: ABSENT : CODDIl. Blaine, Woodward, Chairman Adams Comm. Koenitzer Comm. Gatto Motion carried, 3-1 3. Application 6-'/-76 of JOSEPH C. AND KAREN S. SHEPELA: VARIANCE request from Section 10.2 and 6.12 of Ordinance 220(n) to permit a redefinition of the front låt line and setback ofa single-family residential lot. Said property is located at 22054 Baxley Court or otherwise commonly referre to as Lot ll, Tract 556l. First Hearing. The Planning Director reviewed the September 24th staff report on this request. The applicant is asking the Planning Commission to allow the flexibility to orient the structure to the 62' PC-238 Page 3 7-V-76 approved PC-238 Page 4 Sept. 29, 1976 PLANNING COMMISSION MEETING MINUTES frontage rather than the 67' frontage of this corner lot. The applicant is also asking permission to move the house to within 20' of the front yard line. Mrs. Shepela was present in the audience to answer any questions. Comm. Koenitzer asked how the driveway was allowed so close to the corner. The Director of Public Works said this is a cul-de-sac, with only two homes and it is not on a major street, Mr. Barry Feeley, 1472 Stelling Road, said this was discussed during the public hearings on the Rl Ordinance. Mrs. Karen Shepela, 1514 Mallard Way, Sunnyvale, said they learned after their plans were made that the front yard is on the other side. They based their plans on the location of the driveway and the fire plug. She said their architect was told on two different occasions by the Planning Department that their front setback is 20'. To go to 25' at this point would be quite an expense for them. Also, they have two small children and could make better use of the larger back yard, Comm. Woodward noted the house next door has a narrower side yard. Mrs. Baxley, 22064 Baxley Court, said her front door is about 20' from the property line. She said the developers were required to put the driveway in its present location because of the location of the ~ite plug on the other street around the corner. Moved by Eomm. Blaine, seconded by Comm. Koenitzer, to close the public hearings. Motion carried, 4-0 6-V-76 approved Moved by Comm. Woodward, seconded by Comm. Blaine to approve application 6-V-76 per the staff's recommended conditions that the front setback be preserved and that there be a 5' deviation of the rear yard setback of the second story; the mature trees on the property are to be saved; and the property owner's view will be preserved - the exceptional circumstances being that there will not be any homes to the rear of this property. Findings: The mature trees will be saved. The view will be protected. The placement of the structure on the property permits solar heating devices to be placed on the roof in the future. The exceptional or extraordinary circumstances applying to the land are that an existing curb cut is oriented to the widest lot line facing a public street, the relocation of which would be an unecessary burden and hardship to the property owner. AYES: NOES: ABSENT: Comm. Blaine, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 SEPTEMBER 29. 1976 PLANNING COMMISSION MINUTES PG;. 238 Page 5 5. Application 19-11-76 of ELDON R. HOFFMAN/Ai.'Y MOUNTAIN, LTD.: USE PERMIT to allow construction of 15,000 sq. ft. of com- mercial space in a Planned Development zoning district. Said property is located at the southwest corner of the intersec- tion of North De Anza Blvd. and Mariani Drive. First Hearing. The Planning Director reviewed the site plan and the staff report for this l5,000 sq. ft. retail sales facility. The traffic report wass distributed to the Planning Commissioners. The Planning Director pointed oAt that this site plan does not meet the 25' requirement of landscaping along Marinai Avenue. Some of the parking protrudes into the 25' setback. The Director of Public Works reviewed the current traffic report study. It was pointed out that this commercial use tapers off in the summer and peaks during ski season. Eleven trip ends are left over for use in the future. Comm. Woodward noted that once or twice a year the need for parkin is extremely acute. He asked if the applicant had a solution to this problem. The Director of Public Works said parking will be allowed along Mariani Avenue at the present time. Later, it might be striped for bike lanes, at which point the street parking will be eliminated. Comm. Koenitzer asked if the proposed parking is going to be sufficient. The Planning Director said he is not aware of any parking problems at their present location other than for the once-a-year event. Comm. Koenitzer would like to explore the possibility of requiring only 80 spaces now, with the proviso that should the occasion present itself, the applicant would have the responsibility of providing more. Proposed wording: The Planning Commission has determined that any time in the future that a parking problem arises, that the Use Permit will come back to the Planning Commission for review. Architect Goodwin Steinberg and Associate Architect Cliff Peterson took the Planning Commission through the proposal, step by step. Mr. Hoffman has told his architects he wants a special type build- ing and special landscaping. It is their opinion that the parking is adequate. The entire landscaping program is sympathetic to the mature trees. Mr. Eldon Hoffman, 21030 Valley Green Drive, Cupertino, offered to answer any questions. Comm. Blaine asked if he will be expanding to include other sports. Mr. Hoffman said they are getting out of the tennis and backpacking areas and are concentrating on skiing. They are open for retain sales from September to April. He answer ed Chairman Adams that their present facility is 6000 to 6500 sq. ft., and they will have l2,000 sq. ft. in the new building. They presently have 35 parking spaces, and will have 80 in the new. PC-238 Page 6 MINUTES OF THE SEPTEMBER 29, 1976 PLANNING COMMISSION MINUTES If they had l50 parking spaces at their new facility, Mr. Hoffman said it would not be adequate for their tent sale event they hold once a year. He answered Chairman Adams that their busiest hours are 7 to lO PM. Mr. Hoffman said they will be considering some recreational use, such as a racquet ball court, for the unused property to the rear within about two years. Comm. Blaine asked why the plans do not show any provision for bicycle parking. Mr. Hoffman said this will be included. Mr. Hoffman said he would not like to fully develop Bandley Avenue at this time. He would prefer to do this when the property in the rear is developed. The Director of Public Works said the applicant should be responsible for improvement of the streets around his property, but portions of it could be deferred. Mr. Hof fman said he would like to do away with the 25' landscap ing along Mariani Avenue. The Planning Director said this would require amending the Conceptual Plan. An average of 2S' of landscapLc,g is required in the Conceptual Plan. Chairman Adams said the Planning Commission would not be interested in reducing this landscaping average of 2S' along De Anza Blvd. The Planning Director pointed out that it would not take much revision of the plans to achieve this, and it could be worked out at the Architectural and Site Approval hearing. Mr. Steinberg said they are willing to work with the City to achieve this goal. The Planning Director called attention to the condition of reciprocal agreement with adjoining parking lots. The Director of Public Works wanted to add the condition that the developer shall contribute his fair share toward the medium along De Anza Blvd. Moved by Comm. Koenitzer, seconded by Comm. Woodward to close the public hearing, Motion cßrrip.d, 4-0 19-U-76 approved Moved bv Comm. Koenitzer, seconded by Comm. Woodward to recommend approval of application 19-U-76, subject to the l4 standard conditions, conditions lS - 21 in the September 24th staff report, Condition 22 amended to read: "That the developer shall be required to fully improve De Anza Blvd. and Bandley Avenue and to complete improvements on Mariani Avenue. The improvements to Bandley Avenue may be deferred until such time as the City determines that said improvements shall be installed. Provisions shall be made at this, time for the costs of said improvements to Bandley Ave." Conditions 23 - 25 shall be as indicated in the staff report. Condition 26 shall read: "If, in the future, on-site parking becomes a problem, the MINUTES OF THE SEPTEMBER 29, 1976 PLANNING COMMISSION MINUTES PC-238 Page 7 Planning Commission shall hold a public hearing to review this matter with the applicant. The Commission may require additional spaces to be provided, if so deemed appropriate." Condition 27 shall read: "The applicant shall be responsible for a share of the cost of the installation of the median strip within the right-of-way of North De Anza Blvd. The amount of said share shall be as determined by the City of Cupertino." Condition 28 shall read: ''the applicant/ owner agrees to partic ipate in a reciprocal driveway easement with the neighboring property owner to the south so as to allow the interconnection of both properties The precise location of north/south circulation interconnection between the neighboring property and the subject property shall be determined during hearings for the development of the property located to the south. Condition 29: that this use permit is re- stricted to the use of Any Mountül1o, Inc.". AYES: Comm. Blaine, Koenitzer, Woodward, Chairman Adams NOES: None ABSENT: Comm. Gatto Motion carried, 4-0 Chairman Adams called a recess at lO:lO PM. The meeting reconvene at 10:20 PM. 7. Application 22-Z-76 of CLAYTON T. WOODS: REZONING approxi- mately 1.06 acres from RZ-4.25 (Residential, duplex, 5,250 sq. ft. per dwelling unit) to RlC (Residential, single-family cluster development) zone or whatever zone may be deemed appropriate bY the Planning Commission. Said property is located at the southwest corner of the intersection of Foothil Blvd. and Alcalde Road. First Hearing. The Assistant Planning Director explained this proposal is for the property discussed at length as Area C during the General Plan hearings. The designated duplex density translates to about 5.6 units per acre. The staff feels this project could be success- fully blended into the neighborhood. The structures are 2-story. The applicant is confident he can meet the requirements of the H~ontrol requirements as well as those of the Planning Commissio through desiKn techniques. The conditions of approval listed in the staff report were reviewe Comm. Koenitzer is concerned about the driveway that is closest to Alcalde Road and suggested combining it with the one next door, thereby eliminating one curb cut. The Director of Public Works answered Comm. Blaine that this development will dictate when McClellan is routed into Santa Paul . PC-238 Page 8 MINUTES OF THE SEPTEMBER 29, 1976 PLANNING COMMISSION MEETING Architect Clayton Woods, 430 Stanford Avenue, Palo Alto, said he believes he can be more creative with the R2C Zoning. They have kept the same number of units. This is a much better use of the land than to retain the 3 separate lots. His proposal is for 3-bedroom, 2-l/2 baths for the l600 sq. ft. units with 3500 sq. ft. of common area and 4000 to 4500 Sq. ft. for each lot. Mr. Woods answered Chairman Adams that he had no objection to combining the driveways at the northwest corner. However, they are counting each of the driveways as parking spaces in the parking ratio. Comm. Blaine had a great concern about cars backing onto Foothill Blvd. She said most of the traffic is travelling north. There is a lot of truck traffic going to the quarry. In the summer the traffic is very heavy because of the park above this area. There is no traffic light until you get down to Voss Avenue. Cluster is fine, but she did not accept the backing out of the driveways onto Foothill Blvd. Mr. Woods agreed that this is a valid point. He thinks there is space on the side for turning around so the cars can go out directly onto Foothill Blvd. without backing out. Comm. Koenitzer would prefer to see no access onto Foothill Blvd. Comm. Blaine said there is also the noise factor to contend with here, caused by the trucks. She asked the architect to do something to keep the ambient noise down. Mr. Woods said the sloping roof over the living room, dining room and other rooms orients these rooms toward ihecinner courtyard. The Assistant Planning Director noted there are some very good materials on the market today that will alleviate this noise problem. Comm. Blaine said people in our community are screaming about the noise. Moved by Comm. Koenitzer, seconded by Comm. Blaine, to close the Public Hearing. Motion carried, 4-0 22-Z-76 approved Moved by Comm. Woodward, seconded by Comm. Koenitzer, to approve application 22-Z-76, with the 14 standard conditions, Condition 15 in the staff report, Conditions 16, deleting last sentênce in 16 (a) and deleting (d) and (e), 17, 18 in the staff report, and Conditionl9 shall insure 25' in front of the 'drivewaysfoL parking measured between all garage doors on front property lines and/or sidewalks; the southwesterly dwelling shall be shifted northerly to provide a minimum 12' setback from the southerly boundary, and Condition 20 which modifies the units on Foothill Blvd. to incorporate turn-around space. AYES: NOES: ABSENT: Comm. Blaine, Koenitzer, Woodward,Chairman Adams None Comm. Gatto Motion carried, 4-0 MINUTES OF THE SEPTEMBER 29, 1976 PLANNING CO~~ISSION MEETING PC-238 Page 9 8. Applications 2l-Z~76 and 2l-TM-76 of GEORGE L. QUINN, JR.: EREZONING approximately l.77 acres from Santa Clara County R3 (Residential, multiple) to City of Cupertino Rl-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit zone or whatever zone may be deemed appropriate by the Plann 11; Commission; TENTATIVE MAP to subdivide approximately l.77 acres into six single-family residential units. Said pro- perty is located adjacent to and easterly of Lockwood Drive, at the intersection of Stevens Creek Blvd. and Lockwood Drive First Hearing. The Assistant Planning Director reviewed the September 23rd staff report. He noted the proposed zoning is consistent with the City's General Plan. The tentative map request is to divide the property into single family lots of lO,OOO sq. ft. The staff recommends saving of the mature trees on the property. On Lot 2, the structure will be redesigned to preserve the oak and its drip line. The staff recommends sound studies. There were no coaments from the audience. Moved by Coam. Koenitzer, seconded by Comm. Woodward to close the public hearings. Motion carried, 4-0 Moved by Comm. Blaine, seconded by Coam. Woodward to recommend approval of application 2l-Z-76. 2l-Z-76 approved AYES: NOES: ABSENT : Comm. Blaine, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 Moved by Coam. Blaine, seconded by Coam. Koenitzer to recommend approval of application 2l-TM-76, with Conditions 1 - l8 as" recommended bv the staff and Condition 19 requiring a sound stud v and compliance with Condition 25 of the State Code; and as recommended bv the staff. 2l-TM-76 approved AYES: NOES: ABSENT : Comm. Blaine, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 · PC-238 Page 10 PC finds Cap. Improve. Prog. consistent wit General plan Comm.Blaine on Citizens Trans. Comm. MINUTES OF TIlE SEPTEMBER 29, 1976 PLAJ.'iNING COMMISSION MEETING UNFINISHED BUSINESS: None. NEW BUSINESS 10. Review of Capital Improvements Program The Director of Public Works reviewed the pay-as-you-go Capital Improve- ments Program. Chairman Adams asked if the City has to earmark mon,ies from the General Fund when it applies for a Federal grant. The Director of Public Works said this depends upon the grant beinR applied for. Chairman Adams urged the Citv to a?ply for grants wherever possible, to save on OUT General fund In regard to parks, Comm. Koenitzer said he would rather see the City purchase more park lands scattered around the City than expand Memorial Park. Comm. Koenitzer and Blaine would like to have rest rooms put in Linda Vista Park. Chairman Adams cited problems the City has had with rest rooms in other parks in the City. The Director of Public Works was asked to move ,along the study on the self-contained sanitary systems. Moved by Comm. Koenitzer, seconded by Comm, Blaine that the Planning Commission finds the Capital Improvements Program to be consistent with the General Plan. AYES: NOES: ABSENT : Comm. Blaine, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 REPORT OF THE PLANNING COMMISSION None. REPORT OF THE PLANNING DIRECTOR ll. Appointment of Planning Commissioner to the Citizens Transportation Committee. After assessing the responsibilities of all of the Commissioners, Chairman Adams appointed Comm. Blaine to the Citizens Transportation Committee. MINUTES OF THE SEPTEMBER 29, 1976 PL&~NING COMMISSION ~ŒETING PC-238 Page 11 After discussion, it was moved by Comm~ Koenitzer, seconded by Part of Scenic Comm. Blaine that the Planning Comoission acknowledges that Scenic Blvd. abandone Drive is not a standard street today, and recommends that a por- tion be abandoned. subiect to the retention necessary for public utilities easement. AYES: NOES: ABSENT: Corr~. Blaine, Koenitzer, Woodward, Chairman Adams None Carom. Gatto Motion carried, 4-0 ADJOU&,"'HE)';T Chairman Adams adjourned the meeting at 11:48 PM. APPROVED: cz£i Victor ATTEST: