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PC 09-12-89 " CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 252-4505 MINUTES OF ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 12, 1989 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chainnan Adams Vice Chairman Claudy Commissioner Mackenzie Commissioner Sorensen Commissioner Szabo Staff Present: Robert Cowan, Director of Community Development Mark Caughey, Senior Planner Charles Kilian, City Attorney PUBLIC HEARINGS: ITEM :1 Application No(s): Applicant: Property Owner: Location: Parcel Area: 20-U-89. ll-TM-89. 9-Z-89 and 26-EA-89 Joseph Park Associates Peter J. and Joseph Camarda 10100 Vista Drive 45.560 + sQ. ft. REZONE one lot of 45,560 + square feet in the Rl-lO (Residential Single-Family, 10,000 square foot minimum lot size) to P (Planned Development, Residential Intent). USE PERMIT to allow the development of 11 residential townhomes. TENTATIVE MAP to divide one lot into 11 townhome lots plus one lot held in common. FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: October 2, 1989 Staff Presentation: Mr. Caughey presented a Revised Model Resolution and reviewed the Application and discussed Staff Report ~. In response to Com. Mackenzie's question, he reviewed the zoning designation for the area; similar to a recently heard application, this project closely adjoined commercial uses permitted by the Stevens Creek Conceptual Zon- ing Plan. It was possible that one or more of the properties south of the development under consideration could be a professional office use. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1989 Page 2 PC - 581 PUBUC HEARINGS Continued Applicant's Presentation: Mr. Jim Sisk, Applicant's Representative, did not have anything to add to Staff Report; the property owner and project architect were available for questions. Com. Sorensen stated she appreciated the Applicant's effort to save the existing trees on site. The Public Hearing was then opened. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE; ITEM:2. Com. Claudy moved to close the Public Hearing. Com. Sorensen Passed 5-0 Com. Claudy moved to approve Application 26-EA-89. Com. Szabo Passed 5-0 Com. Claudy moved to recommend approval of 9-Z-89 subject to the conclu- sions and subconclusions of the Staff Report and this Hearing per the Model Resolution. Com. Szabo Passed 5-0 Com. Claudy moved to recommend approval of 11-TM-89 subject to the con- clusions and subconc1usions of the Staff Report and this Hearing per the Revised Model Resolution. Com. Passed 5-0 Application No(s): Applicant: Property Owner: Location: Parcel Area: 12-TM-89 and 27-EA-89 Elmer Buxton Same 11234 Bubb Road 20.730 + sq. ft. TENTATIVE MAP to divide one 20,730 + square foot lot into two lots of 10,796 + and 9,932 + square feet respectively. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt Staff Presentation: Mr. Cowan presented the Application and an excerpt from the ~ses- sor's Parcel Map; he reviewed the Staff Report Discussion. Staff proposed an additIonal condition requiring final review of Water District prior to Final approval. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1989 Page 3 PC - 581 PUBUC HEARINGS Continued Chr.. Adams commented that the unusual shape of the flag lot presupposed the likelihood of a future variance request. Mr. Kilian stated that a condition to preclude a future variance request could not be enforced. Mr. Cowan added that such an intent could be noted in the hearing record, however. In response to Com. Szabo's question about net lot area, Mr. Cowan stated that the 8,100 sq. ft. main portion of the flag lot contained sufficient space to construct a reasonably sized home. Com. Claudy clarified the relationship of the existing home to the proposed common line with the new flag lot. Applicant's Presentation: Mr. Marius Nelson, civil engineer, stated that the lot gradient to the east channeled drainage to a catch basin and then into Regnart Creek. He asked that the park dedication fee be assessed only to the new lot being created. In response to Com. Claudy's question, Mr. Nelson stated that an adequately sized home could fit within the proposed flag lot boundaries. A family of four would fit comfortably within a 2,400 sq.ft. enclosure; Staff stated that up to 3,100 sq.ft. was possible in this case. Chr. Adams felt that the applicant must demonstrate that the lot area was adequate without a future variance request; he stated he would not approve the map without such a guarantee. Mr. Cowan suggested that the Commission request conceptual house plans to demonstrate compliance with zoning regulations before the map was approved. Mr. Nelson, a general contractor, expressed confidence that he could fit an adequately sized home on the proposed lot, and would not seek a subsequent variance. Chr. Adams also expressed concern that proximity to the Creek channel necessitated greater sensitivity to design issues. The Public Hearing was then opened. Ms. Linda Kelley, 1149 Stafford Drive, spoke on behalf of neighbors on Stafford Dr. She noted that the intent of the new Rl Ordinance Regulations passed this year were not compatible with the proposed subdivision. Fencing along the Creek would detract from the continuity of the wooded environment; the potential construction of a two story house on the flag lot was inconsistent with the scale of the existing neighborhood development char- acterized by one story homes; the proposed subdivision may accelerate demand for development in the area; expert opinion would substantiate a loss in property values. Mr. Lee Truw, 21448 Krzich Place, expressed concern that drainage from the flag lot was directed toward his property, and questioned whether the private catch basin/outfall would be adequately maintained. He could not see justification for compromising usual City policy requiring a 20 ft. driveway corridor to the flag lot. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1989 Page 4 PC - 581 PUBLIC HEARINGS Continued Mr. 1h1w continued his comments stating that he felt a potential 3,100 sq.ft. house was out of proportion to existing homes in the area; the scale was imposing and altered the wooded character of the neighborhood. Privacy and view to the creek would be degraded as well. Mr. Nelson rebutted the concerns about the existing trees on the site; all were outside the Buxton's property line. Com. Sorensen determined that the only specimen Oak tree on the property was 10 ft. outside of the building envelope; Chr.. Adams noted that the dripline may be encompassed by future construction. Mr. Elmer Buxton noted the Oak tree's location 40 ft. from the existing house; he stated that he would not damage the tree as a result of new construction. Ms. Mariane Miller, 21543 Terrace Dr., noted the location of her house opposite the existing Buxton driveway, which she felt was inadequately sized to serve a new lot. She also questioned the adequacy of the proposed lot size. Mr. Nelson displayed a photograph of the access corridor, and noted its connection to the existing driveway on the frontmost lot. By so doing, the existing frontage landscaping would remain unchanged. MOTION: SECOND: VOTE: Com. Szabo moved to close the Public Hearing. Com. Sorensen Passed 5-0 Chr.. Adams then restated the list of unresolved issues: lot size/shape, tree protection, drainage, adequacy of the access corridor Com. Mackenzie suggested that the Aøplicant return with a diagram locating the building pad and a plan to protect the specimen Oak tree. Com Sorensen stated that the Creek environment was worthy of exceptional protection; she would also like to see a building pad diagram. Mr. Cowan clarified that the 20 ft. flag corridor standard was encouraged, but was not a Code requirement. The wider corridor allowed for landscaping adjacent to the travelway. The Commissioner suggested that the corridor be widened to 18 ft., and that drainage be explored in more detail. Com. Szabo also requested that the actual dripline of the specimen tree be identified. Comm. Claudy noted that the houses across the Creek were not directly impacted by this project. Further research would not alleviate his concerns, and he would not vote for the subdivision. He felt that the existing home should be moved forward in order to reconfigure the proposed lot. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1989 Page 5 PC - 581 PUBUC HEARINGS Continued Chr. Adams stated that his concerns about the adequacy of the lot size and shape remained; he could not vote in favor of the proposed Parcel Map. He asked the applicant if they wished a decision on the application, or a continuance for purposes of redesign. Mr. Nelson asked for a Continuance; Staff recommended a one month Continuance. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: ITEM 3:. Com. Claudy moved to re-open the Public Hearing Com. Szabo Passed 5-0 Com. Szabo to continue the subject application to October 9, 1989 Com. Sorensen Passed 5-0 Application No(s): Application: Property Owner: Location: Parcel Area: 13-U-89 and 14-EA-89 Sobrato DevelQpment Companies Sobrato Interests II East side De Anza Blvd.. between Interstate 280 and Mariani Ave. 1. 7 Acres USE PERMIT to demolish an existing 570,000 sq. ft. industrial building and construct an 965,000 sq. ft. (785,000 proposed net floor area) office structure, with related site improvements. The Public Hearing was continued to October 23, 1989. ITEM 4: Application No(s): 5-GPA-89 Applicant: City of CQpertino 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. FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: September 18, 1989 CONTINUED FROM PLANNING COMMISSION MEETING August 28, 1989 The Public Hearing was continued to September 25, 1989. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1989 Page 6 PC - 581 NEW BUSINESS: Discussion of the use of incentives to encourage the long term retention of private recreation facilities. (Agenda item requested by Com. Szabo) Com. Szabo explained that land use economics were eliminating private recreation facilities from the community, most recently the Vallco skating rink, De Anza Racquet Club and the Vallco tennis facility. As an alternative to public acquisition of these operations, he pointed to his letter of September 8, 1989 which contained FAR adjustments for private recreation land owners. In response to Chr.. Adams' question, Com. Szabo asked that the City initiate an immediate General Plan Amendment to debate this issue. Com. Claudy stated that definition of private recreation was difficult; application of incentives may be acceptable in some instances, but not for other uses such as cardrooms or video game centers. Com. Szabo responded that the intent was not to selectively support acceptable recreation uses, but to use discretion in encouraging their development. Com. Sorensen would be willing to dialogue on this issue, especially with recreation operators in the community. She pointed to the new FP zone as containing a definition of recreation uses. Mr. Cowan noted difficulties in changing use in certain areas such as the golf courses within the Stevens Creek Blvd. floodplain. Com. Claudy was also willin~ to debate the issue but did not want to prejudge the accept- ability of a solution at this pomt. He also felt that two weeks hence left insufficient time to research other cities' regulatory efforts. Mr. Cowan stated that new policy issues would take place under the Stage IT General Plan Amendment process. Discussion in two weeks would be appropriate under the Stage I General Plan review in an effort to clarify the scope of the issue Chr.. Adams suggested that a discussion in two weeks in the context of reviewing the consolidated General Plan document would help clarify direction to Staff for further study. He anticipated that a lengthy series of public hearings to debate the issue would then follow. Com. Claudy also suggested that the Parks and Recreation Commission should be included in the policymaking effort. In response to Chr.. Adams' procedural question, Mr. Cowan stated that, as a General Plan issue, this item could be discussed at the September 25 meeting for General Plan review in the context of existing land use intensity controls and their expansion to include recreational facilities. Mr. Darwin Throne, 22558 Crickett Hill Rd., representing Citizens to Save Cupertino Recreation, endorsed Com. Szabo's proposal to retain private recreation options. The strength of the development credit approach was that it encouraged private sector participation as an alternative to public acquisition. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1989 Page 7 PC - 581 NEW BUSINESS Continued Proposed joint meeting of Cupertino/Mountain View Planning Commissions. Chr.. Adams reported on a proposed joint meeting concept. He was directed to explore the idea further, provided that the meeting was governed by a structured agenda of common interests. OLD BUSINESS: None REPORT OF THE PLANNING COMMISSION: Com. Sorensen reported on the grand opening of Prometheus OB 3 and 4 She also complemented the outcome of the Hunter Bldg. on Beardon at Valley Green. Citizen complaints about the need to control hazardous construction vehicle movements was noted. Com. Szabo ascertained that timing of the cooperative parking study and agreement between Marriott and Tandem are proceeding at the applicants' discretion; Mr. Kilian explained the purpose of the General Plan Amendment as an assurance to the principals that they could proceed with City support. Com. Claudy stated that the hairpin turn on McClellan Rd. was deceptive in determining traffic movements by certain drivers as a result of the bulb shape at the apex of the turn. REPORT OF THE PLANNING DIRECI'OR: Written Report submitted. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: The Planning Commission adjourned at 9:24 P.M. to the next Regular Meeting of September 25, 1989 at 7:30 P.M. Approved by the Planning mmission At the Regular Meeting of October 9,1989 í7r;; ·7 fI.L 0#~ _. Victor Ad s, halrman