PC 06-26-89
,
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 JUNE 16, 1989
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Adams
Vice Chairman Claudy
Commissioner Mackenzie
Commissioner Szabo
Staff Present: Robert Cowan, Director of Planning and Development
Larry Harmer, City Planner
Glen Grigg, Traffic Engineer
Leslie Lopez, Deputy City Attorney
APPROVAL OF MINUTES:
Com. Szabo asked that it be noted that he abstained from hearing Item 6 because he owned
property within a 2500 ft. radius, not a 25 ft. radius.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Claudy moved to approve Minutes of the Regular Meeting of June 12,
1989, as amended.
Com. Mackenzie
Passed, Chr. Adams abstaining 3-0-1
Com. Claudy moved to approve Minutes of the Regular Adjourned Meeting
of June 15, 1989, as presented.
Com. Mackenzie
Passed 4-0
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 1
ITEM 3
ITEM 5
MOTION:
SECOND:
VOTE:
Application 3-M-89: Mehdi Naderzad Applicant requested a Continuance to July
10, 1989.
Application 9-U-89 and 17-EA-89: University of San Francisco Applicant
requested a Continuance to July 10, 1989.
Application 2-V-89: Robert Boles Staff requested a Continuance to July 10, 1989.
Com. Mackenzie moved to Continue Application 3-M-89; Mehdi Naderzad,
Application 9-U-89, 17-EA-89; University of San Francisco, and Application
2-V-89; Robert Boles, to July 10, 1989.
Com. Claudy
Passed 4-0
PLANNING COMMISSION MINUTES
Regular Meeting of June 26, 1989
Page 2
PC - 575
WRITTEN COMMUNICATIONS/ORAL COMMUNICATIONS:
. None.
CONSENT CALENDAR:
- None.
PUBLIC HEARINGS:
ITEM 2 Application 8-U-89. 9-EA-89: Mal:}' F. Kunis
Mr. Cowan stated that Staff requested removal of this Item from calendar; he advised the
Commission of the status of this Application.
MOTION:
SECOND:
VOTE:
ITEM 4:
Com. Mackenzie moved to remove from Calendar Application 8-U-89, 9-EA-
89, Mary F. Kunis.
Com. Claudy
Passed 4-0
Application No(s)
Applicant:
Property Owner:
Location:
5-Z-89. 7-TM-89. 1l·EA-89
Ronald E. Hansen
Same
Southeast side of Reanart Rd. approx. 2.400 ft. south
of Linqy Ln.
5.2 Acres
Parcel Area:
REZONING of an existing 5.2 acre parcel from Al-43 (Agricultural-Residential, 1 acre
minimum lot area) to RHS )Residential Hillside zone or such other zone as deemed
appropriate by the Planning Commission or City Council.
CONTINUED FROM PLANNING COMMISSION MEETING OF JUNE 12, 1989
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNffi HEARING DATE: July 17, 1989 (5-Z-89)
PLANNING COMMISSION ACTION FINAL UNLESS APPEALED: (7-TM-89)
Staff Presentation: Mr. Harmer reviewed the Application and presented area and site maps;
he asked that Condition 12 Dedication of Water Lines be amended to read, "..and shall
reach an agreement with !ìllft Jell Vilter U(¡¡r!s; Reiland Mutual Water Company for water
service..." The Applicant had indicated that the necessary agreement was reached.
Applicant's Presentation: Mr. Marv Kirkeby, Project Civil Engineer, had no objections to
the Conditions or the modification suggested; he was available for questions.
The Public Hearing was opened. There were no speakers.
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to close the Public Hearing.
Com. Claudy
Fassed
4-0
.
PLANNING COMMISSION MINUTES
Regular Meeting of June 26, 1989
Page 3
PC - 575
PUBLIC HEARINGS Continued
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Szabo moved approval of Application ll-EA-89.
Com. Claudy
Passed
4-0
Com. Claudy moved to recommend approval of Application 5-Z-89 subject to
the conclusions and subconclusions of the Staff Report and this Hearing per
the Model Resolution.
Com. Mackenzie
Passed 4-0
Com. Claudy moved to approve Application 7-TM-89 subject to the conclu-
sions and subconclusions of the Staff Report and this Hearing per the Model
Resolution, Conditions 1-11; Condition 12 modified to read in part, "...and
shall reach an agreement with the ~land Mutual Water Company for water
service to the subject development...'; Conditions 13-17.
Com. Mackenzie
Passed 4-0
ITEM 5: Application 2-V-89 Continued to July 10, 1989, as stated in Postponements
ITEM 6:
Application No(s)
Applicant:
Property Owner:
Location:
Parcel Area:
9-TM-89
Wa,yne Levenfeld
Lyle Hi¡¡ht
North side of Rainbow Dr.. 150 ft. east of Weymouth
.52 ~res
TENTATIVE MAP to divide a single lot into two parcels measuring 8,890 sq. ft. and
11,540 sq. ft. respectively.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Categorically Exempt
PLANNING COMMISSION ACTION FINAL UNLESS APPEALED
Staff Presentation: Mr. Cowan presented the Application and reviewed Staff Report Ià:
cuss ion: Parcel and the proposed Tentative Maps were viewed. In response to Com.
Mackenzie's question, he stated that the Commission could require that the 24 inch Oak tree
be preserved, in which case Condition 13 Tree Protection would have to be modified.
Com. Mackenzie suggested an easement on-site in order to aid in preserving the tree.
Com. Claudy agreed that some restrictions should be in place; however, he noted the care
that would have to be taken to preserve an Oak tree and questioned the length to which the
requirements would extend
,
PLANNING COMMISSION MINUTES
Regular Meeting of June 26, 1989
Page 4
PC - 575
PUBUC HEARINGS Continued
In response to Com. Szabo's question, Mr. Cowan stated that Condition 12 Demolition
ReQµirement could be amended to read in part, "The existing dwelling on Parcel One shall
be removed or relocated to be consistent with the applicable setback req lirements prior to,
or concurrently with the first sale of either lot created by the subdivision..."
J\pplicant's Presentation: Mr. Marv Kirkeby, Project Civil Engineer, stated that the Appli-
cant intended to demolish both existing houses; they had no objections to the Conditions.
He believed that the Oak tree could be preserved; however, an existing Pine would have to
be removed in order to relocate the driveway and preserve the Oak.
The Public Hearing was then opened.
Mr. John Vivia, 1228 Weymouth Dr. (Parcel 35), Cupertino, requested information on the
action being taken. Chr. Adams informed the speaker that this Item would not be heard
again; all applicable regulations would apply to any future structures built on-site.
Mr. Cowan cited setback regulations that were applied to flag lot developments.
Mr. Kirkeby stated the Applicant had contacted the adjacent property owner to the north
regarding a possible sale and/or agreement regarding this property.
Mr. Levenfeld, Applicant, confirmed he had reviewed the situation and the applicable Or-
dinances with the property owner to the north ; he felt the property owner understood the
situation and had decided he wished to retain this parcel for the enjoyment of his family.
Mr. Kirkeby stated they were willing to consider some tree protection measures for the
Oak; however he had reservations about any type of easement. The Oak was an asset to the
lot and every attempt would be made to save it.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to close the Public Hearing.
Com. Claudy
Passed
4-0
Com. Mackenzie moved to approve Application 9-TM-89 subject to the con-
clusions and subconclusions of the Staff Report and this Hearing per the
Model Resolution, Conditions 1-11; Condition 12 modified to read in part,
"The existing dwelling on Parcel One shall be removed or relocated to be
consistent with the !\pplicable setback req lirements prior to, or concurrently
with the first sale of either lot created by the subdivision..."; Condition 13
modified to read, "The subdivider shall provide a plan for preservation of the
Qat trees prior to issuance of building permit. Said plan shall be prepared by
an Arborist. subject to staff approval and shall include graphic depiction of
protective fencing to be installed around the dripline of each tree, to be
retained through all phases of construction." Delete the second paragraph.
Condition 14 as stated.
Com. Claudy
Passed 4-0
PLANNING COMMISSION MINUTES
Regular Meeting of June 26, 1989
Page 5
PC - 575
PUBLIC HEARINGS Continued
ITEM 7:
Application No(s)
Applicant:
Property Owner:
Location:
Parcel Area:
6-Z-89 and 8-TM-89
Rosalba Reutzel
Jack Reutzel
West side of Merriman Rd.. northerly of Santa Lucia Rd.
.39 Acres
REZONING of.39 acres from R2-4.25 (Duplex Residential) to RI-7 (Single Family,
7,000 sq. ft. minimum net lot area), or such other zone as deemed appropriate by the
Planning Commission or City Council.
TENTATIVE MAP to combine five existing lots of record into two parcels measuring
7,000 sq. ft. and 7,100 sq.. ft. net lot area respectively.
FIRST HEARING
. ENVIRONMENTAL DETERMINATION: Categorically Exempt (8-TM-89)
Negative Declaration (6-Z-89)
PLANNING COMMISSION ACTION FINAL UNLESS APPEALED (8-TM-89
TENTATIVE CITY COUNCIL HEARING DATE: July 17, 1989 (6-Z-89)
Staff Presentation: Mr. Harmer reviewed the Application and presented the Parcel and
proposed Tentative Map. He suggested the following modifications to the Conditions:
6. Gradina: Grading shall be as approved and required by the City Engineer in
accordance with Ordinance 125. Pad height on each new lot shall be rlilitristl¡¡ Is
...itlliA Iii iASAI5 sf tAl pa¡l ¡¡light sf tAl as low as technically possible compared to
the pad heiiht of the lowest adjoining residential lot.
12. Demolition Requirement: The existing w"llliAg SA Parsll OAI aaraie and shed on
Parcel Two shall be removed to or concurrently with the first sale of either lot created
by the subdivision. Tbe developer shall assume the responsibility to obtain all
required demolition permits in accordance with City Ordinance.
.\ Uti. P.RRit applisati9A 8l\H;t it. t:ihul \IpSA r8~\I.t fef 8 9\1ilåiag ,'RBi! SA Parstl
'P·'s if tk, 8U'A.r tlt'Flef ":;1'i&ItIS 19 fttaia tit. IxittiRg Ciseas 1:IAit.
Applicant's Presentation: Mr. Terry Szewczyk, Civil Engineer, stated that the modifica-
tions stated above were consistent with their discussions with Staff; he reviewed the Appli-
cation and requested consideration of a deferred improvement agreement.
Mr. Cowan responded that such would have to be referred to the Director of Public Works
for a decision.
The Public Hearing was then opened. There were no speakers.
MOTION:
SECOND:
_VOTE:
Com. Mackenzie moved to close the Public Hearing.
Com. Claudy
Passed
4-0
PLANNING COMMISSION MINUTES
Regular Meeting of June 26,1989
Page 6
PC . 575
PUBUC HEARINGS Continued
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
ITEM 8:
Com. Claudy moved to grant a Negative Declaration.
Com. Mackenzie
Passed
4-0
Com. Mackenzie moved to recommend approval of Application 6-Z-89 sub-
ject to conclusions and subconclusions of the Staff Report and this Hearing
per the Model Resolution.
Com. Claudy
Passed 4-0
Com. Mackenzie moved to approve Application 8-TM-89 subject to conclu-
sions and subconc1usions of the Staff Report and this Hearing per the Model
Resolution, Conditions 1-5; Condition 6 modified to read, "Grading shall be
as approved and required by the City Engineer in accordance with Ordinance
125. Pad height on each new lot shall be as low as technically possible com-
pared to the pad heiiht of the lowest adjoining residential lot. " Conditions 7-
11; Condition 12.modified to read "The existing å·...lliRg IIR llarill gRI
f¡ara¡e and shed on Parcel Two shall be removed to or concurrently with the
irst sale of either lot created by the subdivision. The developer shall assume
the responsibility to obtain all required demolition permits in accordance with
City Ordinance." Delete the second paragraph. Conditions 13-16.
Com. Claudy
Passed 4-0
Application No(s)
Applicant:
Location:
20-EA-89
Ci\y of CQpertino
Citvwide
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM: Request for environmental
assessment and finding of consistency with the City of Cupertino General Plan.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Negative Declaration
TENTATIVE CITY COUNCll.. HEARING DATE: July 5, 1989
StaffP~ntation: Mr.Cowan reviewed the Five Year C¡¡pital Improvements PrO p'am.
Mr. Grigg provided information requested on traffic and street improvements.
The Public Hearing was then opened.
Ms. Ann Angur, Monta Vista Improvement Association, cited the agreement between the
City of Sunnyvale and the Cupertino Union School District wherein vacant land on school
sites was leased for twenty-five years to the City; she noted the benefits of such. With the
influx of younger f¡¡milies in Cupertino, such an agreement would preserve school sites for
Ure future whil.e providing immediate benefits to the City in the form of open space areas.
PLANNING COMMISSION MINUTES
Regular Meeting of June 26, 1989
Page 7
PC - 575
PUBLIC HEARINGS Continued
Mr. Charles Neuman cited the following concerns:
- Noted the desire in the City for traffic relief on the local streets and felt a disproportion-
ate emphasis on areas other than traffic improvements
- Since Route 85 was a given, emphasis should be on moving traffic within the City
Cited improvements that were an aid to traffic flow and asked that the Mary Ave. over
cross be considered as well as improvements on other local streets
Suggested some improvements be obtained through acquiring the necessary property,
and completing the work, with the future development paying for such
Cited the Land ~uisition - Private Properly and felt it was unrealistic to think that the
De Anza Racquet lub could be purchased for six million dollars
- A comparison between the Traffic and Parks/Recreation funding showed that the latter
was two and one-half times the former; this seemed out of proportion
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Claudy moved to close the Public Hearing.
Com. Mackenzie
Passed
4-0
Com. Claudy moved to grant a Negative Declaration
Com. Szabo
Passed
5-0
MOTION: Com. Claudy moved to adopt a Resolution finding that the fiscal Years
1989-1990 to 1993-1994 Capital Improvement Plan is consistent with the
General Plan.
SECOND: Com.
VOTE: Passed 5-0
NEW BUSINESS:
None
OLD BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
None
REPORT OF THE PLANNING DIRECTOR:
Written Report submitted.
DISCUSSION OF NEWSPAPER CLIPPINGS:
None