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PC 07-24-89 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 252-4642 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JULY 24, 1989 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Adams Commissioner Mackenzie Commissioner Sorensen Commissioner Szabo Staff Present: Robert Cowan, Director of Planning and Development Larry Harmer, City Planner Leslie Lopez, Deputy City Attorney APPROVAL OF MINUTES: Chairperson Adams asked that his comment on Application 3-V-89 and 3-M-89 be amend- ed to read, IIChr. Adams stated he would have difficulty making the required Variance Findings. He felt the Applicant could build within the standards set down. He asked that the Applicant work on a redesign." MOTION: Com. Sorensen moved to approve Minutes of the Regular Meeting of July 1 0, 1989, as amended. SECOND: Com. Mackenzie VOTE: Passed, Com. Szabo abstaining 3-0-1 POSTPONEMENTS OR NEW AGENDA ITEMS: Mr. Cowan stated that a letter had been received regarding Application No(s) 13-U-89 and 14-EA-89, Applicant Sobrato Development Companies; Cal Trans requested additional traffic studies. The Applicant had been informed of the recommended Continuance. MOTION: Com. Mackenzie moved to Continue Application No(s) 13-U-89 and 14-EA- 89, Applicant Sobrato Development Companies, to August 14, 1989. SECOND: Com. Sorensen VOTE: Passed 4-0 WRITTEN COMMUNICATIONS: - None. ORAL COMMUNICATIONS: - None. PLANNING COMMISSION MINUTES Regular Meeting of July 24,1989 Page 2 PC - 577 CONSENT CALENDAR: ITEM 1: Application No(s) Applicant: Property Owner: Location: Parcel Area: Amend tree condition FIRST HEARING MOTION: SECOND: VOTE: 6-TM-89 Perry & Jones Development Ron Jones and Charles Perry Jr. South side of Villa Maria Ct.. approximately 600 ft. west of Bubb Rd. 1. 7 Acres Com. Mackenzie moved to approve the Consent Calendar. Com. Sorensen Passed PUBLIC HEARINGS: ITEM 2: Application No(s) Applicant: Property Owner: Location: 4-0 3-EXC-89 Darrell Kettner Same 20190 Lynton Court EXCEPTION to Ordinance 686, Section 16.28.040.2 to allow an encroachment into a required side yard setback. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt Staff Presentation: Mr. Harmer reviewed the Application and presented Area and Site Maps and a Fence Exhibit. Applicant's Presentation: Mr. Darrell Kettner reviewed the Application and his original proposal; he had checked with his neighbors regarding this request and they had no objec- tion; however, he understood the City Ordinances. In response to Chr. Adams' question, he stated they could not secure the pool area without an Exception; the pool would be ac- cessible through a sliding glass door which was of concern insofar as children's safety was concerned. If an Exception were not granted, they would forgo having a pool on-site. Com. Szabo stated he could not vote for the Item and advised of the right of appeal. The Public Hearing was then opened. PLANNING COMMISSION MINUTES Regular Meeting of July 24, 1989 Page 3 PC - 577 PUBLIC HEARINGS Continued Mr. C.T. Ma asked that he be allowed to address Consent Calendar Item 1. The Chair responded he would take testimony on this Item under Unfinished Business. MOTION: SECOND: VOTE: Com. Mackenzie moved to close the Public Hearing. Com. Sorensen Passed 4-0 Com. Mackenzie and Com. Sorensen did not feel that the criteria required for granting an Exception had been met; they could not vote in favor of this Application. MOTION: SECOND: VOTE: Com. Mackenzie moved to deny 3-EXC-89 per the Model Resolution. Com. Sorensen Passed 4-0 ITEM 3: Application No(s) 13-U-89 and 14-EA-89, Sobrato Development Companies, Continued to August 14, 1989, as stated above. ITEM 4: Application No(s) Applicant: Property Owner: Location: Parcel Area : 2-V-89 Robert Boles Edmund & Kam Har Tai Festival Dr. north of November Dr. .16 Acres VARIANCE from Section 8.2 of Ordinance 1449 to allow an increase in Floor Area Ration to accommodate an addition to an existing single family dwelling. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt CONTINUED FROM PLANNING COMMISSION MEETING: July 10, 1989 TENTATIVE CITY COUNCIL HEARING DATE: August 7, 1989 Staff Presentation: Mr. Cowan reviewed the Application. He noted that Staff Report was in error stating that the property was originally developed in San Jose; the property was originally developed in Cupertino. Area and Parcel Maps as well as the Applicant's Exhibit showing the Vicinity Map and Site Plan, were presented. Applicant's Presentation: Mr. Robert Boles, Architect, agreed with Staffs comment that the proposed addition was innocuous; the addition would only be 250 sq. ft. and would be eventually be screened by landscaping. The addition would not be noticed by either the public or the neighbors; furthermore, the Floor Area Ratio (FAR) had been changed in the last 6-12 months. He agreed tnere were no special circumstances unless one considered the fact that when the property was purchased, this addition would have been permitted. PLANNING COMMISSION MINUTES Regular Meeting of July 24,1989 Page 4 PC - 577 PUBLIC HEARINGS Continued In response to Chr. Adams' question, he stated that one could argue the housing market was such, that a hardship would result if the Applicants were required to move in order to obtain the living space they needed; this site could accommodate their needs. The proposal did not increase the visual density of the site. Com. Mackenzie agreed the proposal did not violate the Ordinance intent, i.e. eliminating the perception of mass and bulk. The site was flat, located in a relatively new subdivision, and contained a fairly sizable house; a Finding of Unusual Circumstance could not be made. He wished to see the Ordinance implemented before granting any variances. Chr. Adams, Com. Sorensen noted the constraints under which the Commissioner operated. Mr. Edmund Tai, Property Owner, cited the very large additions to homes on November Dr.; he noted the reasons his family required this additional living area. Com. Mackenzie responded that it was one of the November Dr. homes that prompted a re- consideration of the Zoning Ordinance; he reiterated that the Findings could not be made. The Public Hearing was then opened. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Mackenzie moved to close the Public Hearing. Com. Sorensen Passed 4-0 Com. Sorensen moved to recommend denial of Application 2-V-89 per the Model Resolution. Com. Mackenzie Passed 4-0 NEW BUSINESS: Review of County General Plan Work Project Mr. Cowan presented the Report Re: Review of County General Plan Work Project. Com. Sorensen asked that the City be represented at the August 15th hearing on this Item. Com. Szabo had reservations regarding the development of areas outside of the Urban Service Area and the impacts and financial costs to incorporated cities; secondly, the County had already relaxed restrictions regarding the additions allowed without requiring incorporation into the nearest city. Chr. Adams felt the Model Resolution adequately addressed concerns of the Commission. MOTION: SECOND: VOTE: Com. Sorensen moved to adopt a Resolution regarding the work program for the County of Santa Clara General Plan Program per the Model Resolution. Com. Szabo Passed 4-0 PLANNING COMMISSION MINUTES Regular Meeting of July 24,1989 Page 5 PC - 577 OLD BUSINESS: Mr. C.T. Ma stated he had not been noticed for either hearing on Consent Calendar Item 1. Mr. Harmer confirmed that noticing had been sent to the previous property owner for the first hearing; lists supplied by the Applicant did not include Mr. Ma's name since he had recently purchased the property. There was no noticing for the Consent Calendar Item. Ms. Lopez advised the Applicant that the Planning Commission could not reconsider and/or act on an approval given last spring. REPORT OF THE PLANNING COMMISSION: Chr. Adams noted he would be absent during the month of August. REPORT OF THE PLANNING DIRECTOR: Written Report submitted. DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 8:30 P.M. to the next Regular Meeting of August 14, 1989, at 7:30 P.M. Approved by the Planning Commission At the Regular Meeting of August 14,1989 Attest: