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PC 09-12-88 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 SEPTEMBER 12, 1988 Meeting Held in the Council Chambers, 10300 Torre Ave. SALUTE TO THE FLAG: ROLL CALL: 7:30 P.M. Commissioners Present: Chairwoman Sorensen Vice Chairman Adams Commissioner Szabo Staff Present: Robert Cowan, Director of P1annirtg and Development Steve Piasecki, Assistant Planning Director Glen Grigg, Traffic Engineer Leslie Lopez, Deputy City Attorney APPROVAL OF MINUTES: MOTION: Com. Adams moved to approval of Minutes of the Regular Meeting of August 22, 1988, as presented. SECOND: Com. Szabo VOTE: Passed 3-0 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEMS 3: Application 21-U-88, 10- TM-88 and 2-M-88 - Mariani Development Corporation - Staff requests continuance to the Meeting of October 10, 1988. ITEM 7: Application 2-M-88 - Mariani Development Corporation - Staff requests continu- ance to the Meeting of October 10, 1988. ITEM 9: Planning Commission review of Planning Director's interpretation regarding the extension of a building lirte on a cul-de-sac. Applicant requested a Continu- ance to the Meeting of September 26, 1988. MOTION: Com. Adams moved to Continue Applications 21-U-88, 10- TM-88, 2-M-88, Mariani Development, to October 10, 1988, per request of Staff; Item 9 to be Continued to September 26, 1988, per request of the Applicant. SECOND: Com. Szabo V01E: Passed 3-0 WRITTEN COMMUNICATIONS: - Letter frOm Ice Capades ORAL COMMUNICATIONS: - None. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1988 Page 2 PC - 555 CONSENT CALENDAR: ITEM 1: Application 37-U-85 - Fontana's Restaurant - Requesting approval of an exten- sion of their Use Permit. ITEM 2: Application 25-U-86 - St. Andrews Annenian Church - Requesting approval of an extension of their Use Permit. MOTION: Com. Adams moved approval of Consent Calendar. SECOND: Com. Szabo ValE: Passed 3-0 PUBLIC HEARINGS: ITEM 4: Application No(s) Applicant: Property Owner: Location: 12-TM-88 Robert LeonI! Taneo Hirano West side of Stellinl! Rd.. 500 ft. southerlv of Carrial!e Circle Ct. 1.0 I!I'OSS Parcel Area (Acres): TENTATIVE MAP: (12- TM-88) To subdivide one parcel into four lots. FIRST HEARING CONTINUED ENVIRONMENTAL DETERMINATION: Categorically exempt. Staff Presentation: Mr. Piasecki reviewed the Application and suggested the followirtg considerations on the Recommended Conditions of Approval: 1. Street Widenin~: Called attention to the provision that there may be need for additional right-of-way on Stelling Rd. 15. Stellinl! Road Detour: Wordirtg amended to read, "The applicant shall agree to delay construction on Lots 3 and/or 4 up to 6 months..." Should negotiations be completed in less than 6 months, the project would not be unnecessarily delayed. 22. Tree Protection: Staff did not feel that specimen trees could be saved due to gradirtg, location of the buildirtg pad, etc., therefore, replacement trees were recommended. 26. Stellinl! Road Ovemass: Add Condition to read, "Immediately prior to recordation of the fmal map, the applicant shall verify to the satisfaction of the Oty Engineer that the planned profile for the Stelling Road Overpass still permits access to the subject prop- perty. If an access is severely irthibited or prohibited, the tentative map is irtvalid and the applicant sha1l redesign the subdivision to adapt to the revised profile. " ADDlicant's Presentation: Mr. Robert Leong, Applicant, commented as follows: - Had contacted Staff by phone to work out the details of this Application With respect to Condition 6, Street Trees. the Property Owner did not wish to be re- sponsible for the street trees along the north side of the future cul-de-sac. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1988 Page 3 PC - 555 PUBUC HEARINGS Continued Mr. Piasecki responded that the City preferred that property owners be responsible for small landscaped areas sirtce they would have the greatest irtterest irt maintairtirtg such. There was little benefit derived by the community at large from small landscaped strips. Mr. Leong asked that shrubs be substituted for the trees required. Mr. Piasecki confirmed that Staff would accept a low mairttenance tree if mairttenance was the concern. Mr. Warren Whaley, Project Engineer, noted that two substantial trees would be lost with a 5 ft. landscaping strip to the north of the proposed cul-de-sac; he questioned the rationale for requiring trees and suggested that landscaping be used to screen the fence. Staff understood the desire to retain the redwood trees south of the cul-de-sac; however, they had reservations whether these trees could be saved even with a reduced landscape strip. Mr. Leong asked that a compromise be reached irt an attempt to save t® redwood trees. Mr. Piasecki suggested wordirtg as stated irt the Motion. Mr. Whaley was confident that the project could be designed around the redwood trees. Mr. Leong confirmed that they were willing to sacrifice some land for an easement. The Public Hearirtg was then opened. There were no speakers. MOTION: Com. Adams moved to close the Public Hearirtg. SECOND: Com. Szabo V01E: Passed 3-0 MOTION: Com. Adams moved approval of Application 12- TM-88 subject to conclusions and subconclusions of the Staff Report and this Hearing per the Model Resolution;Conditions 1-5; Condition 6 modified to read, "Trees and/or shrubs shall be provided along the north side of the future cul-de-sac of a varietyacceptable tothe Public Works Department..."; Condition 7-12; Condition 13 modified toread, "The cul-de-sac shall be shifted irt a southerly direction to provide a mini-mum 3 ft. planter area between the north property line and the curb to accommodate future landscape. Every attempt shall be made to retairt the trees located on the south side of the cul-de-sac alignment..." Condition 14; Condition 15 modified to read irt part, "The applicant shall agree to delay construction of Lots 3 and/or 4 up to 6 months..." Conditions 16-21; Condition 22 modified to specify that trees and/or shrubs shall be provided ..subject to the satisfactionof the Public Works Department; Conditions 23-25; Add a Condition 26 to read, "Immediately prior to recordation of the final map, the applicant shall verify to the satisfaction of the Oty Engineer that the planned prof11e for the Stelling Road Overpass still permits access to the subject property. If an access is severely inhibited or prohibited, the tentative map is irtvalid and the applicant shall redesign the subdivision to adapt to the revised prof11e." SECOND: Com. Szabo VOTE: Passed 3-0 PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1988 Page 4 PC - 555 PUBLIC HEARINGS Continued ITEM 5: Application No(s): Applicant: Property Owner: Location: 15-U-88 John Christensen Beatrice Halbern West side of So. Sarato!!a-Sunnvvale Rd.. auuroximatelv 200 ft. So. of Wildflower Wv. M Parcel Area (Acres): USE PERMIT: (15-U-88) Requesting approval of use permit to construct a 1,790 sq. ft. expansion to an existing retail store and to construct site modifications. FIRST HEARING ENVIRONMENTAL DETERMlNA TION: Categorically Exempt. Staff Presentation: Mr. Cowan reviewed the Application and presented an aerial photo- graph, Site Plan and architect's renderings of the proposed expansion; the concerns of Architectural and Site Committee and Staff were discussed Auulicant's Presentation: Mr. Ray Rooker, Architect, commented as follows: Reviewed the history of the project and presented a model of the proposed expansion Applicants felt this proposal was the best solution given the following considerations: - Retention of the existing, unique buildirtg while de-emphasizirtg the "barn" element - Expansion to the rear resulted irt a long, narrow and uninteresting building; they wished to maximize buildirtg frontage and reduce the impact of paving/asphalt - New, natural materials and the promirtence of landscapirtg would be featured - Site would be cleared of unsightly storage structures Discussed the revised parking scheme which elimirtated the parking deficit Favorable to a deferred reciprocal access agreement with adjacent property owners Reviewed the extensive landscapirtg proposed The Public Hearirtg was then opened. There were no speakers. MOTION: Com. Szabo moved to close the Public Hearirtg. SECOND: Com. Adams VOTE: Passed 3-0 Com. Adams was favorable to the design proposed with the understandirtg that the roof treatment of the existing structure was blended with the expanded area; he supported a deferred pedestrian access agreement if all the other landscaping proposed was completed Com. Szabo concurred with the above comments. Chr. Sorensen thanked the Applicant for the model presented; she favored the additional landscaping proposed. Mr. Cowan suggested that the parking on the south side of the building be shifted to the west to allow for additional landscaping to the front of the site. .~ PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1988 Page 5 PC - 555 PUBUC HEARINGS Continued MOTION: Com. Adams moved to reopen the Public Hearirtg. SECOND: Com. Szabo VOTE: Passed 3-0 Mr. Rooker responded that they had no objection to shifting the parking on the south side of the buildirtg to the west to allow for additionallandscapirtg to be irtstalled. MOTION: Com. Szabo moved to close the Public Hearing. SECOND: Com. Adams VÖ1E: Passed 3-0 MOTION: Com. Adams moved approval of Application 15-U-88 subject to conclusions and subconclusions of the Staff Report and this Hearing per the Model Resolu- tion; Exhibit A be relabelled, "2nd Revision." Conditions 1-15; Condition 16 deleted with remairtirtg Conditions renumbered; Conditions 17 (16) - 19 (18); Condition 20 (19) to indicate that the landscaping plan was to be modified to reflect the shifting west of parking on the south side of the building, increasing the landscaped frontage to 35 ft. at the south easterly corner of the site; Condi- tions 21 (20)-22 (21); Condition 23 added to allow a deferred pedestrian access agreement with adjacent property owners. SECOND: Com. Szabo VOTE: Passed 3-0 ITEM 6: Application No.(s) Applicant Property Owner: Location: Parcel Area (Acres): 25-U-88 Milton J. Pal!onis. D.D.S. Ovic Center Professional GroUl) 10383 Torre Ave.. southerly of Town Center Ln. .1.2 USE PERMIT (25-U-88) To construct a 1,700 sq. ft. single story addition to an exist- ing dental complex. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: September 19, 1988 Staff Presentation: Mr. Piasecki reviewed the Application and presented an aerial photo- graph and Site Plan. ADDlicant's Presentation: Mr. Tom Boyd, Architect, concurred with Staff Report and added that the intent was to duplicate the existing architecture. In response to Com. Adams' question, Mr. Piasecki stated that Staff did not feel a deed restriction was required; the parking ratio of 1:175 was adequate. Staff was not aware of any parking problems on-site; no complairtts had been received. PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1988 Page 6 PC - 555 PUBUC HEARINGS Continued The Public Hearing was then opened. Dr. Kenneth Frangadakis, D.D.S., stated that the leases were for 5-10 with renewal options. Com. Adams was concerned regarding the parkirtg standard applied to this site. Mr. Piasecki provided information on parking standards over the years and noted that there was a trend to provide less parking. Com. Adams suggested a review of this issue. Com. Szabo stated he was concerned about spillover parkirtg from this site. Mr. Boyd responded that parking provided for the addition was 1:175 sq. ft. per the standard; an additional parking space had been obtairted from restrippirtg the existing area. MOTION: Com. Adams moved to close the Public Hearing. SECOND: Com. Szabo VOTE: Passed 3-0 Com. Szabo stated that he had reservations regardirtg parkirtg needs for this site; however, no objections to the Applicant had been made by adjacent property owners. Chr. Sorensen was favorable the addition approved; however, she did not wish to see the existing parking deficit irtcrease. MOTION: Com. Szabo moved to recommend approval of Application 25-U-88 subject to the conclusions and subconclusions of the Staff Report and this Hearing per the Model Resolution. SECOND: Com. Adams ValE: Passed 3-0 NEW BUSINESS: ITEM 8: Plamting Commission review of Planning Director's interpretation of setback requirements for a fence structure. Staff Presentation: Mr. Cowan reviewed the Application and presented diagrams of the proposed fence structure; he noted that the Applicant was not present at the Hearing. Com. Adams noted that the Applicant could plant busy trees (bamboo) along a fence with- out approval; the proposal was not different from planting heavy shrubbery to protect privacy. He did not feel the request warranted an irtterpretation by the Commission. Discussion on trellis size and width allowed; consensus reached on the followirtg: Structural elements (vertical support posts) may extend 2 ft. away from the fence Horizontal structural elements (cross members) may be separated by 11(2 ft. widths Structure is to remaÌl1 open and not used as a storage or other enclosed facility Structure may be used to support vegetation PLANNING COMMISSION MINUTES Regular Meeting of September 12, 1988 Page 7 PC - 555 NEW BUSINESS Continued MOTION: Com. Szabo moved to send a Mirtute Order to Staff listing the limitations for fence structures: namely, structural elements (vertical suppon posts) may ex- tend 2 ft. away from the fence, horizontal structural elements (cross members) may be separated by 1 In ft. widths. Structure is to remairt open and not used as a storage or other enclosed facility and may be used to suppon vegetation. SECOND: Com. Adams VOTE: Passed 3-0 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 busirtess, the P1annirtg Commission adjourned at 9:11 P.M. to the next Regular Meeting of September 26,1988 at 7:30 P.M. Respectfully submitted, Carol A. Probst-Caughey, Recording Secretary Approved by the P1annirtg Commission At the Regular Meeting of September 26, 1988 c(.~'s1:._~'''' Attest: