PC 02-13-89
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 FEBRUARY 13, 1989
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Adams
Vice Chairman Claudy
Commissioner Mackenzie
Commissioner Sorensen
Commissioner Szabo
Staff Present: Robert Cowan, Director of Planning and Development
Mark Caughey, Associate Planner
Glen Grigg, Traffic Engineer
Leslie Lopez, Deputy City Attorney
APPROVAL OF MINUTES:
Com. Sorensen asked that Page 3 be amended to read, "Ms. Dianne Golden..."
MOTION: Com. Mackenzie moved to approve Minutes of Regular Meeting of January
23, 1989, as amended.
SECOND: Com. Sorensen
VOTE: Passed 5-0
POSTPONEMENTS OR NEW AGENDA ITEMS: None.
WRITTEN COMMUNICATIONS:
- Letter from Larry and Diane Wall, Re: Neighborhood compliant against basketball pole
at 1104 November Dr., Cupertino, dated January 30, 1989.
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
ITEM 1:
Application No(s)
Applicant:
Property Owner:
Location:
Parcel Area:
8-Z-88. 28-U-88. 14-TM-88 and 36-EA-88
Landmark Development
Lawrence Guy
Gardenside Ln.. north of Rainbow Dr.
2.6 + (Phase n
PLANNING COMMISSION MINUTES
Regular Meeting of February 13, 1989
Page 2
PC - 564
PUBLIC HEARINGS Continued
REZONING (8-Z-88) From P(R-3) Planned Development with residential multiple
family intent to P Planned Development with single-family residential 10-20 dwelling
units per acre intent or whatever zone may be deemed appropriate by the Planning
Commission.
USE PERMIT (28-U-88) To construct 36 single-family residential dwellings as the
first phase of a possible two-phase project.
TENTATIVE MAP (14-TM-88) To subdivide five separate parcels into 36 parcels with
one additional lot to be held in common ownership.
CONTINUED FROM PLANNING COMMISSION MEETING OF NOVEMBER 28,
1988.
ENVIRONMENTAL DETERMINATION: Negative Declaration (Phase I)
TENTATIVE CITY COUNCIL DATE: Unknown
Staff Presentation: Mr. Caughey reviewed the Application, discussing the project revisions.
Com. Mackenzie noted a discrepancy in Staff Report II. Proiect Data Proposed: 122 spaces
(3.4 spaceslD.U.) and IV. Use Permit Issues, E., Parking which was listed at 3.5 SPlUnit;
Mr. Caughey responded that the discrepancy was due to rounding the numbers.
Mr. Caughey stated that there was a minor technical flaw in the Tentative Map; Lots 27-35
had the guest parking spaces shown between the residential units; these spaces actually
extended to the south property line; there was private open space in a portion of the area
adjoining the south property line. A revised Tentative Map had been presented to Staff.
Finally, Condition 18 of the Model Resolution could be stricken, per direction of the Public
Works Department which had determined that while extraordinary off-site improvements
would be done, such would not addressed in the standard development Conditions.
Com. Szabo questioned where overflow parking could be accommodated; Mr. Grigg
responded that there would be space available on both Rainbow Dr. and Gardenside Ln.
Applicant's Presentation: Mr. Larry Guy stated that a 3.4 parking ratio had been achieved;
3 spaces per unit were provided with additional parking located adjacent to the pool area
and to the rear of the site. With respect to the elevations facing Gardenside Ln., architec-
tural trim had been added to the structures; height of the units throughout the development
had been varied.
In response to Com. Sorensen, he confirmed that parking on the east side would remain.
In response to Com. Mackenzie, Mr. Caughey confirmed that the palette and materials were
subject to further review by the Architectural and Site Review Committee.
PLANNING COMMISSION MINUTES
Regular Meeting of February 13. 1989
Page 3
PC - 564
PUBLIC HEARINGS Continued
The Public Hearing was opened.
Ms. Trish Hopkins, 20719 Garden Manor Ct., Cupertino, commented as follows:
- Asked that construction equipment enter and exit off of Rainbow Dr. so that Gardenside
Ln. would not be damaged by the equipment.
Asked that in Phase II of the project, Rainbow Dr. be used to prevent all the traffic from
ingress/egress on Gardenside Ln.
Mr. Cowan responded that such a requirement was not usually be placed on a project of
this scale which did not require extraordinary equipment; to do so would set a precedent.
With respect to the second request, such would be addressed when the Phase II application
had been received. However, the Commission and/or the Council could make such a
determination, if they so wished.
MOTION:
SECOND:
VOTE:
Com. Claudy moved to close the Public Hearing.
Com. Sorensen
Passed
5-0
Com. Mackenzie stated that he was concerned about the parking; in addition, he asked that
Architectural and Site Review Committee reviewed this Application.
Consensus reached by the Commission that Condition 26, Parkin¡;. of 28-U-88, be
amended to read, "A minimum of 122 off-street parking spaces to be provided with a mini-
mum of two enclosed spaces per unit." Final sentence amended to read, "Said CC&R's
shall also provide that outdoor parking spaces not be occupied by R.Y.'s, boats, inoperable
vehicles or be used for long-term storage of vehicles. (Long term storage to be defined as
72 hours).
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Sorensen moved to approve 36-EA-88.
Com. Mackenzie
Passed
5-0
Com. Claudy moved to recommend approval of 8-Z-88 subject to conclusions
and subconclusions of the Staff Report and this Hearing per the Model
Resolution.
Com. Szabo
Passed 5-0
Com. Mackenzie moved to to recommend approval of 14-TM-88 subject to
conslusions and subconclusions of the Staff Report and this Hearing per the
Model Resolution, Conditions 1-17; Condition 18 stricken with the following
Conditions renumbered; Condition 19 (18); Condition 20 (19) amended to
label Exhibit A-8, "February 13, 1988".
Com. Sorensen
Passed 5-0
PLANNING COMMISSION MINUTES
Regular Meeting of February 13, 1989
Page 4
PC - 564
PUBLIC HEARINGS Continued
MOTION:
SECOND:
VOTE:
ITEM 2:
Com. Sorensen moved to recommend approval of 28-U-88 subject to con-
clusions and subconclusions of the Staff Report and this Hearing per the
Model Resolution; Conditions 1-25; Condition 26 amended to read in part, "A
minimum of 122 off-street parking spaces to be provided with a minimum of
two enclosed spaces per unit." Final sentence to read, "Said CC&R's shall
also provide that outdoor parking spaces not be occupied by R. v.'s, boats,
inoperable vehicles or be used for long-term storage of vehicles. (Long term
storage to be defined as 72 hours).
Com. Claudy
Passed 5-0
File 81.004.130 - Ailricultural/Recreational (A-ua Zone) - Requesting Planning
Commission review of an amendment of the existing A-ua Zone or establishment of a
new private recreation zone incorporating definitions, allowed uses and zoning
standards for private outdoor recreation uses.
CONTINUED FROM PLANNING COMMISSION MEETING OF DECEMBER 12,
1988.
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNCIL DATE: February 20, 1989
Staff Presentation: Mr. Caughey presented the revised Ordinance.
The Public Hearing was opened. There were no speakers.
MOTION:
SECOND:
VOTE:
Com. Claudy moved to close the Public Hearing.
Com. Mackenzie
Passed
5-0
Com. Sorensen suggested that ice rinks be listed as an indoor recreational use in California.
Com. Mackenzie stated that in Section 3: Purpose. the first sentence of the second para-
graph could be deleted; cost was not the only reason public agencies did not sponsor some
recreational activities. Mr. Caughey responded that the statement was taken directly from
the 1979 General Plan; however, it could be deleted if the Commission so wished.
Consensus reached that the second paragraph of Section 3 read, "The FP zoning ordinance
is intended to encourage a diverse range of recreational development by private interests.
At the same time, the use intensity of any site in the FP zone is determined by application of
performance standards which ensure a compatible fit with the site's geographIc and
environmental setting."
MOTION:
SECOND:
VOTE:
Com. Claudy moved to grant a Negative Declaration.
Com. Szabo
Passed
5-0
PLANNING COMMISSION MINUTES
Regular Meeting of February 13. 1989
Page 5
PC - 564
PUBLIC HEARINGS Continued
MOTION:
SECOND:
VOTE:
Com. Claudy moved to recommend approval of Application 81.004.130 per
the Model Resolution, Section 3 amended to delete the first sentence of the
second paragraph.
Com. Mackenzie
Passed 5-0
NEW BUSINESS:
ITEM 3:
Application No(s)
Applicant:
Property Owner:
Location:
Parcel Area (Acres):
19-U-88 (Revised)
Kinst Company
William Kinst
Northeast corner of Pasadena and Lomita Ave.
.34 j¡ross
USE PERMTI; MINOR AMENDMENT: Requesting approval of architectural modifi-
cations, and addition of a dormer window to one of two residential structures
comprising a four unity townhouse development.
Staff Presentation: Mr. Cowan reviewed the Item and presented a Site and Plot Plans.
Applicant's Presentation: Mr. William Kinst responded to the Commission's inquiry that
there was no balcony on Unit 4; he had no objection to the recommended Conditions.
MOTION:
SECOND:
VOTE:
ITEM 4:
Com. Mackenzie moved to approve architectural modifications to 19-U-88
(Revised).per the Model Resolution.
Com. Sorensen
~~~ 5~
Application:
Applicant:
Property Owner:
Location:
Parcel Area (Acres)
8-U-88 (Revised) and 15-EA-88
Cali Land
Same
Southwest Quadrant of Blaney Ave. and Stevens Creek Blvd.
2..l
USE PERMIT: Requesting approval of the first phase development plan for a multi-
building retail complex.
Staff Presentation: Mr. Cowan reviewed the Application and presented an Exhibit showing
the Conceptual Site Plan. Applicant was asked to addre~ the Commissioner's questions.
Com. Mackenzie stated he did not object to the architecture proposed; however, he wished
to see three separate phases in this project.
PLANNING COMMISSION MINUTES
Regular Meeting of February 13, 1989
Page 6
PC - 564
NEW BUSINESS Continued
Applicant's Presentation: Mr. Gary Schmidt, Partner, commented as follows:
- Reviewed efforts to upgrade the front building and confirmed that Hamasushi Restaurant
had bought out the Nite Cap Lounge and would consolidate the two operations
- Stated it would take several years to complete the project; Applicants were attempting to
buyout and/or negotiate the current leases. He noted the hardship of relocating tenants
during the remodeling; every attempt was being made to work out a solution
- With respect to the beauty parlor operation, the lease was for a beauty salon with the
standard provisions; a cease and desist order for any illegal activities had been issued
- Was unfamiliar with the R.Y. parked on-site; however, this property had always
attracted such vehicles; the remodeling was expected to help rectify the situation
Mr. Cowan noted two minor amendments to Condition 1, Phasin¡¡:
- Add a reference to the drawing presented at the hearing
Final paragraph amended to read in part, "The 'exterior' remodeling of the Hamasushi
Restaurant building....
MOTION:
Com. Claudy moved approval of a modification to the Use Permit Application
8-U-88 (Revised) subject to conclusions and subconclusions of the Staff
Report and this Hearing per the Model Resolution, Condition 1 amended to
add a reference to the drawing submitted at the hearing; final paragraph to read
in part, "The 'exterior' remodeling of the Hamasushi Restaurant building....
Com. Sorensen
Passed 5-0
SECOND:
VOTE:
OLD BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
None.
REPORT OF THE PLANNING DIRECTOR:
Written Report submitted.
DISCUSSION OF NEWSPAPER CLIPPINGS:
None
ADJOURNMENT: Having concluded business, the Planning Commission adjourned at
8:35 P.M. to the next Regular Meeting of February 27, 1989 at
7:30 P.M.