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PC 10-09-89 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 252-4505 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 9, 1989 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Adams Vice Chairman CIaudy Commissioner Mackenzie Commissioner Sorensen Commissioner Szabo Staff Present: Robert Cowan, Director of Planning and Development Mark Caughey, City Planner Travice Whitten, Asst. City Engineer Leslie Lopez, Deputy City Attorney APPROVAL OF MINUTES: MOTION: Com. Sorensen moved to approve the Minutes of the Regular Meeting of September 12, 1989, as presented. SECOND: Com. Claudy VarE: Passed 5-0 MOTION: Com. Sorensen moved to approve the Minutes of the Regular Meeting of September 25,1989, as presented. SECOND: Com. Claudy VarE: Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: - None. WRITTEN COMMUNICATIONS: - Mr. Cowan noted correspondence from Gabriel party concerning Consent Calendar Item One ORAL COMMUNICATIONS: - None. CONSENT CALENDAR: ITEM I: Application 4-U-88 (Amended) - Sisk/Brown: Minor amendment of the use permit to modify the the building envelop for Lot 19 of an approved five lot single family PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 2 PC - 583 subdivision. Said Lot 19 is located at the northern terminus of the project's private street network. The project is located on the east side of Scenic Blvd., 300 ft north of its intersection with Palm Avenue. MOTION: SECOND: VarE: Com. Mackenzie moved to approve the Consent Calendar. Com. Szabo Passed 5-0 PUBLIC HEARINGS: ITEM 2: Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): 12- TM-89 and 27-EA-89 Elmer Buxton EImer Buxton 11234 Bubb Road 20,730 s.f. TENTATIVE MAP: to subdivide one lot of. 8+ acres into two lots of 10,796 s.f. and 9,932 sJ. respectively. Staff Presentation: Mr. Cowan presented the Staff Report. He noted that the application was continued to allow further study of the SCVWD easement, location of specimen trees and a conceptual development plan for the flag lot which can be without a variance, and presented revised graphics responding to these issues. He noted that the width of the driveway corridor, control of offsite drainage impacts and adequacy of the Water District easement remain as technical issues to resolve. He also drew attention to the findings required to support a subdivision approval action. Mr. Whitten stated that the drainage plan is typical of streamside low density residential locations, and that offsite impacts resulting from failure to maintain the private drainage system would become a civil matter. The prevailing drainage pattern for the neighborhood was described. Applicant's Presentation: Mr. Roger Griffin, Paragon Design Group, noted that the conceptual home plan does not maximize use potential, and described the design concept, window locations and relationship to the 15" Oak tree. He noted that rain leaders from the roof would be tied directly to the drainage system. Mr. Cowan noted that the Commission is approving only the subdivision map; not the conceptual development proposal for Lot 2. The Public Hearing was then opened. Mr. Lee Truro, 21448 Krzich PI., obtained clarification of the location of the fence line adjoining the creek frontage. He also emphasized concern about the proximity of the Lot 2 drainage swale to his lot line. He also objected to the reduction of the traditional 20 flag corridor width, and potential harm to the creekside Oak trees. Such approach is not within the spirit of City codes. PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 3 PC - 583 In response to Com. Mackenzie, Mr. Whitten described the alignment and materials of the Lot 2 drainage system, He suggested a deed restriction which would prohibit filling of the swale, and a condition requiring installation of a berm along the north boundary of the site. Mr. Linda Kelly, 1149 Stafford Dr., restated concerns of Stafford Drive residents about the impacts to privacy and property values associated with the subdivision. Mr. Griffin noted the location of the specimen trees, the distance to Stafford Drive and the limits of adjacency with the Truro propeny. Com. Claudy noted, in response to Chr.. Adams, that the width of the flag corridor is constrained by sideyard setback requirements for the existing house. Mr. Caughey responded to Com. Mackenzie's question that the SCVWD easement cannot contain permanent structures, and noted the location of useable open space. Com. Claudy noted that the Water District can traverse the easement but does not have entry easement on this site. Mr. Cowan noted the proposed condition requiring a wrought iron fence with access panels adjoining the creek. MOTION: SECOND: VarE: Com. CIaudy moved to close the Public Hearing. Com. Mackenzie Passed 5-0 Com. Sorensen requested changes to Condition 7 to require berrning of the north boundary and a deed restriction, as described by staff. Com. Claudy suggested an additional finding that the approval action is predicated on the understanding that a variance is not necessary to develop Lot 2. While understanding the concerns of the Stafford Dr. neighbors, Com. Claudy noted that the separation distance is equal to an entire lot depth. Com. Szabo emphasized the need for fairness in deciding this matter; Com. Sorensen stated that tree protection was vital. MOTION: SECOND: MOTION: SECOND: VarE: VarE: Com. Claudy to approve application 12-TM-89, subject to the findings and subconclusions of the hearing, with a further fmding that the approval action is predicated on the understanding that the applicant has demonstrated that a variance is not necessary to develop Lot 2; Modification of Condition 7 to include a benn on the north propeny line of Lot 2 to preclude overland drainage onto property to the north, that the swale shall be gunnite or concrete lined, that a deed restriction be added to require maintenance of the drainage system and to preclude filling of the swale. Com. Szabo Com. Szabo to amend the main motion to leave the selection of impervious surface material for the drainage swale to the discretion of the City Engineer. Com. Claudy Amendment to main motion Passed 5-0 Main motion Passed as amended 5-0 Chr.. Adams stated that the Commission's action is final unless appealed by 5:00 PM, Monday, October 16, 1989. PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 4 PC - 583 ITEM 3: Application No(s) Applicant: Property Owner: Location: 13-TM-89 Mariani Development Group Mariani Group of Companies 10930 N. De Anza Blvd. TENTATIVE MAP: to subdivide one lot of 18.02 acres into 147 townhome lots, 1 lot to be held in common ownership, and one lot of 5.38 acres for future apartment or condominium development. Staff Presentation: Mr. Caughey noted that the subdivision map is a means to implement the Council-approved Use Permit which defined the density and overall layout of the project. He noted proposed conditions to ensure consistency with Use Permit conditions governing frontage landscaping treatment, phasing of final map recordation, adjustment of driveway width on lots 82 and 113, alignment of the Bluejay Drive entry drive at the adjoining Northpoint project, and followup documents tied to the final map. Auulicant's Presentation: Mr. John Como, Mariani Development Co., presented a colored phasing diagram. In response to Chr.. Adams question about Lots 82 and 113 access, he presented a large scale drawing depicting the hammerhead backout space alignment, but stated his willingness to accept the staff recommendation to return to the originally approved driveway. Phil Aujay, Mission Engineers, explained the driveway concept. Mr. Como answered Com. Szabo that Phase III development would begin approximately one year after sale of Phase I units. Mr. Caughey stated that the intent of Condition 19 is to give ASAC maximum opportunity to develop an adequately-scaled frontage landscape concept, and to remove area from the adjoining lots on Homestead Road (not the interior common area) for this purpose if necessary Com Szabo expressed concern about interim landscaping for appearance and dust control purposes during unbuilt phases of the project. Mr. Caughey noted Condition 38 of the Use Permit which is intended to require interim as well as comprehensive landscaping approval by ASAC for phased project construction. The Public Hearing was then opened. Mr. Art Pittock, President of the Northpoint HOA, explained the background concerning the alignment of the project driveway with Bluejay Drive. He also stated that the Association wishes to convey the residual corner parcel at Bluejay DriveIHomestead Road to the project, if the Mariani will assume the legal costs of the transfer and landscape to match the project. Mr. Como noted that negotiations to the affect are underway. MOTION: SECOND: VarE: Com. Claudy moved to close the Public Hearing. Com. Sorensen Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 5 PC - 583 Com. Szabo stated that he had recommended denial of the Use Permit, citing numerous inconsistencies with the General Plan. He described the project as an abuse of the Planned Development intent, and characterized it as living adjacent to the Berlin Wa1l in alluding to the height of the three story building. He felt it would be inconsistent to endorse to the Tentative Map on the same grounds. He also noted that the project density is 19 DU/Ac., and is inconsistent with the 20-30 DU/Ac. range specified for the site. Com. Mackenzie and Com. Claudy noted that they had also voted against the Use Permit, and would oppose the map action as well. Com. Sorensen agreed that the project does not demonstrate General Plan consistency, and would also vote in opposition. Chr.. Adams felt initially that the General Plan issue had been intrinsica1ly resolved at the Use Permit stage, but now felt that the TM approval finding of consistency could not be met. MOTION: SECOND: VarE: MOTION: SECOND: VarE: ITEM 5: Com. Mackenzie to approve a Negative Declaration for Application 13- TM-89 Com. Claudy Passed 5-0 Com. Mackenzie to deny Application 13-TM-89 finding the project to be inconsistent with the minimum residential density specified for the site in the General Plan, and finding the site unsuitable for the development configuration. Com. Szabo Passed 5-0 Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): 14-TM-89 Kier & Wright Stephen and Benjamin Chang West Side of Linda Vista Drive, southerly of Baxley Court .35 Acres TENTATIVE MAP: to divide an existing parcel into two lots of 7,770 sJ. each Com. Mackenzie announced that his residence is within 300 ft. of the subject site and would therefore abstain from discussing and voting on the application Staff Presentation: City Planner Caughey stated that the main issue is tree preservation. He noted on the graphic the location and description of the Walnut trees and the conifers on the south side of Lot 2, and noted the arborist's evaluation of the condition of these trees. He noted staffs recommendation to retain the Walnut trees. Applicant's Presentation: Mr. Ted Wilson, consulting engineer, asked for the option to remove the southerly Walnut tree to allow flexibility in locating the driveway. PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 6 PC - 583 Com. Szabo ascertained that the arborist was retained by the subdivider and that the City has not developed a consulting arborist bid list. Chr.. Adams noted that the applicant should not expect variance approval in order to fit the existing house on Parcel One. Com. Claudy noted that the depth of the lots easily accommodate a driveway on Parcel 2 without entering the dripline of the Walnut specimen. He felt that the Walnut specimens have the greatest visual benefit to the public. The Public Hearing was then opened. Mr. Dick Lampman, 22004 Baxley Ct., noted rodent problems with the existing Palm and urged its removal. He also noted that the lots are higher than his, and asked if special setback restrictions could be imposed. Chr.. Adams responded that the zoning allows imposition only of standard Rl setbacks. Mr. Mark Fantozzi, 10915 Linda Vista Dr., urged retention of the Walnut specimens. MOTION: SECOND: VarE: Com. Claudy moved to close the Public Hearing. Com. Sorensen Passed 5-0 Com. Claudy commented that it is pleasure to see a subdivision without a flag lot. He suggested that trees on the southerly perimeter be saved, unless ASAC authorizes removal. MOTION: Com. Szabo to approve application 14-TM-89 subject to the findings and subconclusions of the hearing with conditions requiring retention of the two Walnut trees and the trees on the southerly perimeter, unless ASAC authorizes their removal SECOND: Com. Sorensen VarE: Passed 4 -0 MOTION: SECOND: VarE: ABSTAIN: ITEM 6: . Com. Com. Passed Commissioner Mackenzie 4 -0 Application No(s) Applicant: 5-GPA-89 City of Cupertino GENERAL PLAN: A public hearing to review the consolidated text of the existing Cupertino General Plan and to enact minor technical amendments to said plan. MOTION: SECOND: VarE: Com. Claudy to continue Application 5-GPA-89 to October 23, 1989 Com. Sorensen Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 7 PC - 583 NEW BUSINESS: ITEM 7: A9plication 13-U-88 (Amended):TANDEM COMPUTER - Minor amendment of the use permit to reduce the number of off street parking spaces for a 300,000 s.f. office building to be located on the northwest corner of Stevens Creek Blvd. and Tantau Avenue. Staff Presentation: Mr. Cowan that the applicant has submitted report justifying reduction of parking spaces from 1150 to 830 spaces, and that this approach is consistent with coming legislation which will encourage limiting on site parking as an incentive to use alternative transportation options. He alluded to the reduced employee density anticipated for the project, but noted that the condition requires construction of the fIrst phase of the garage to enable addition of more decks if needed in th future. The condition a1lows the applicant to determine that need; the condition could be amended to a1low the City to initiate that action as well. Com. Claudy ascertained that the westerly elevation of the garage is the only area to be changed by the subject action. Ap'plicant's Presentation: Mr. Michael Kelly, project architect, stated that the date base on which the reduced parking need projection was determined is reliable. In response to Com. Claudy's question, he explained the spatial requirements for offIce workers and amenity space have increased, as has the amount of space dedicated to computer equipment. In response to Com. Szabo, he stated that the building use is limited to administrative/marketing activity. Mr. Cecil Chan, traffic consultant, answered Com. Szabo that the convention parking utilization demand diagram in the Study is based on survey data at a comparable facility. Com. Szabo felt that daytime demand may be understated in this "typical" rather than "worst case" analysis. Mr. Cowan asked that the Commission refer their decision on this matter to the Council, knowing of their interest in the development. He noted that this action may be tied to the future to a cooperative agreement with the Marriott Hotel development to the west. Com. Mackenzie commented that the City should retain the option to require the additional parking. Mr. Cowan suggested amendment of Condition 2 accordingly. MOTION: Com. Mackenzie to recommend to the City Council approval of the reduction in parking provided on the Tandem site, with modification of Condition 2 to allow the City the option to require installation of additional parking through a hearing process. SECOND: Com. VarE: Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting of October 9, 1989 Page 8 PC - 583 OLD BUSINESS: None REPORT OF THE PLANNING COMMISSION: Com. Sorensen commented on extensive removal of street trees. Mr. Whitten noted that many had been removed by the City as a maintenance action. Mr. Cowan noted that Council directed staff to look at amending th sidewalk standards to parkway rather than monolithic in order to accommodate street tree installation. Com. Szabo urged further staff attention to the establishment of consulting arborists' services to the City. REPORT OF THE PLANNING DIRECTOR: Written Report submitted. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 9:58 P.M. to the next Regular Meeting of October 23, 1989 at 7:30 P.M. Respectfully submitted, Carol A Probst-Caughey, Recording Secretary Approved by the Planning Commission ~;:'1"9 Victor A , Chairman Attest: