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PC 08-10-88 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 252-4505 MINUTES OF REGULAR ADJOURNED MEETING OF THE PLANNING COMMISSION HELD ON AUGUST 10, 1988 Meeting Held in the Council Chambers, 10300 Torre Ave. SALUTE TO THE FLAG: 7:30 P.M. ROLL CALL: Commissioners Present: Chairwoman Sorensen Vice Chairman Adams Commissioner Mackenzie Commissioner Szabo Robert Cowan, Director of Planning and Development Mark Caughey, Associate Planner Travice Whitten, Assistant Oty Engineer Leslie Lopez, Deputy Oty Attorney APPROVAL OF MINUTES: None. Staff Present: POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS/ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: ITEM 1: Application No(s) Applicant Property Owner: Location: Parcel Area (Acres): 17 -U -88 and 27 -EA-88 Francisco Sermer for Richard Scott Richard Scott East side of Imnerial Ave.. south of Stevens Creek Blvd. ..u. USE PERMIT: (17-U-88) To construct and operate a two story office/retail building for display and storage of cabirtetry products. FIRST HEARING CONTINUED ENVIRONMENTAL DETERMINATION: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: August 15,1988 Staff Presentation: Mr. Cowan reviewed the Application and presented a Site Map; he noted the discussion held of the Architectural and Site Review Meeting of August 8th. The Applicant was asked to address the type of power hand saw used irt his business. ADDlicant's Presentation: Mr. Richard Scott reviewed the storage and tools required for his busirtess. Com. Adams requested assurance that the use would not become a manufacturing shop. Mr. Scott responded that this was a commercial store; 99% of the work was done on the job (client's home). PLANNING COMMISSION MINUTES Regular Adjourned Meeting of August 10, 1988 Page 2 PC - 553 PUBLIC HEARINGS Continued The Public Hearing was then opened. There were no speakers. MOTION: Com. Szabo moved to close the Public Hearing. SECOND: Com. Mackenzie VOTE: Passed 4-0 Com. Adams was favorable to the Application with the stipulation that Condition 16, Parkin!! require that work vehicles be parked within the warehouse structure; he confirmed that such included pick-up trucks and standard size vans. He reiterated his reservations regardirtg the possible use of the structure as a warehouse. Com. Szabo was not opposed to an operational use on-site; while it did not conform to the General Plan as he understood it, the proposed use was good for Monta Vista. However, he had some reservations about stating that the Application conformed to the General Plan. Com. Mackenzie suggested that "power tools" be substituted for machine tools; he was concerned that another proprietor of this site may rnisirtterpret the intent of Condition 14, Prouenv Use Constraint. Com. Adams questioned the type, delivery and storage of pre-manufactured goods. Mr. Caughey confirmed that the irttent was to serve the general retailirtg public, not to receive or sell items in bulk to contractors; the Applicant was irt agreement with this intent. MOTION: Com. Mackenzie moved to recommend approval of Application 17-U-88 sub- ject to conclusions and subconclusions of Staff Repon and this Hearing per the Model Resolution; Conditions 1-13; Condition 14, changing power tools to "machirte tools" and addirtg a sentence perrnittirtg irtstallation of a 10 inch table saw for occasional use in cutting down pre-manufactured cabirtets. Condition 15; Condition 16, adding a sentence requirirtg that vehicles used in the business park irtside the warehouse over night durirtg non-business hours. Conditions 16-20. SECOND: Com. Szabo VOTE: Passed, Com. Adams dissenting 3-1 Com. Adams stated that he voted for denial due to the irttent of the Planned Development for Neighborhood Commercial and the irtterpretation of this guideline irt this irtstance. ITEM 2: Application No(s) Applicant: Propeny Owner: Location: Parcel Area (Acres): 13-TM-88 Torre Avenue Prouenies Same as above Southeast auadrant of Torre Ave. and Stevens Creek Blvd. 5.2 !ITOSS TENTATIVE MAP (13-TM-88) To subdivide two parcels into three lots ranging in size form 0.86 acres to 2.34 acres. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt PLANNING COMMISSION MINUTES Regular Adjourned Meeting of August 10, 1988 Page 3 PC - 553 PUBUC HEARINGS Continued Staff Presentation: Mr. Cowan summarized the ApplicanL Annlicant's Presentation: None. The Public Hearirtg was then opened. There were no speakers. MOTION: Com. Mackenzie moved to close the Public Hearirtg. SECOND: Com. Szabo VOTE: Passed 4-0 In response to Com. Adams' question, Mr. Cowan reviewed Tentative and Site maps prepared by the ApplicanL MOTION: Com. Mackenzie moved approval of Application 13- TM-88 subject to conclu- sions and subconclusions of the Staff Report and this Hearirtg per the Model Resolution. SECOND: Com. Szabo VOTE: Passed 4-0 Item 3 and Item 5 to be heardjoirttly as recommended by Staff. ITEM 3: Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): 22-U-88 Derk K. Hunter Ron and Gloria Allen Northeast comer of Vallev Green and Beardon Drives .24 IITOSS USE PERMIT (22-U-88) To add a 1,300 sq. ft. second story element to an existing single story office buildirtg. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: August 15,1988 ITEM 5: Amendment of certairt text irt the Traffic Intensity Performance Standards Policy Manual adopted June 1977. (Recommended to be heard concurrently with Agenda Item 3, Application 22-U-88) Staff Presentation: Mr. Caughey reviewed the Application and presented an Exhibit show- ing the proposed design of the second story element. ADDlicant's Presentation: Mr. Bill Hagman, Architect, was available for questions. The Public Hearirtg was then opened. There were no speakers. MOTION: Com. Mackenzie moved to close the Public Hearirtg. SECOND: Com. Adams VOTE: Passed 4-0 PLANNING COMMISSION MINUTES Regular Adjourned Meeting of August 10, 1988 Page 4 PC - 553 PUBLIC HEARINGS Continued MOTION: Com. Adams moved to recommend approval of an Amendment to the Traffic Intensity Performance Standard (TIPS) Policy Manual. SECOND: Com. Mackenzie VOTE: Passed 4-0 MOTION: Com. Adams moved to recommend approval of Application 22-U-88 subject to conclusions and subconclusions of the Staff Report and this Hearing per the Model Resolution. SECOND: Com. Mackenzie VOTE: Passed 4-0 NEW BUSINESS: ITEM 4: Application 25- TM-87 (Revised) - Perry and Jones Development- requestinginterpretation of a mirtor modification to remove a tree designated, by conditions of approval, to be saved. Applicant also requests adjustment of the approved house and locations. The site is located on the northwestern side of Rainbow A venue, approximately 500 ft west of Bubb Rd. Staff Presentation: Mr. Caughey presented a Revised Site Plan showing changes irt the location of the building envelope and a Staff Summary of changes; Staff Report reviewed. Com. Adams requested assurance that an application for a lot split would not be presented to the Commission at a future time; Mr. Cowan presented an example of a Conditioned Tentative Map which would address such concerns. AD:plicant's Presentation: Mr. Ron Jones, Perry and Jones Development, commented: Applicants were sensitive to presence of property owners to the rear Plans purchased with the property were not very workable nor economically feasible Attempted to mairttairt the existing pads while mitigating neighbor's concerns Demonstrated how pad elevations were lowered a foot; diagrams were presented Cross section and Gradirtg Plans were presented; reviewed proposed house designs Project worked well, had market appeal and provided a transition with existing homes Mr. Charles James, 21614 La Playa Ct, CUpertino, commented as follows: Requested confirmation that impacts on adjacent neighbors would be mitigated Reviewed provisions set by the Council and the Report of the Consulting Arborist Exhibit C did not accurately reflect the six olive trees on-site; only four were shown Noted changes made in the project proposal as recently as this hearing Requested information on procedures, project proposal and retention of trees on-site Requested assurance that trees used for screenirtg would be protected and preserved; a number of trees unidentified on Exhibits would not be protected and would be lost Mr. Cowan reviewed the zoning of the area, Council actions and the requirement that building would have to conform to established zoning standards; the intent irt Exhibits shown was to establish the location of the building by way of showing the building pad. Exhibit C contairted two maps showing trees that would have to be retairted. Mr. James pointed out the trees in question and reiterated his request for assurances that these trees which provided landscape screening for privacy would not be removed. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of August 10, 1988 Page 5 PC - 553 NEW BUSINESS Continued Mr. Jones responded that there was confusion regardirtg the location of the pads as shown on the Tentative Map and the Gradirtg and Drairtage Map. Applicants would be willing to plant trees along the rear yard property line if they could increase the building pad; the required drainage ditch could impact the Olive trees on-site; if necessary these trees could be relocated by professionals. He confIrmed that a determination would be made on the trees before any work was carried out; however, to alter the layout of the house and/or reduce the size would destroy the project. Mr. Jim Wilmore, 21594 La Playa Ct., Cupertino, read into the record his letter objecting to the proposal under consideration; he objected to changes proposed at this hearing and stated that he was considerirtg legal action. Mr. Jones stated that an old structure was removed due to the hazard it represented; they had the required gradirtg permits and only trees scheduled for removal had been cut. An unidentified speaker objected to the concept that development had to be allowed. Com. Mackenzie felt the gradirtg permit application did not have a bearing on this request; Ms. Lopez reviewed noticing procedures in the case of a minor amendment. Com. Mackenzie suggested that Staff be directed that anythirtg irt excess of a 4 ft. pad differential was not a minor amendment; irt addition, he required that sight lines from the property line be preserved as presently shown. Com. Szabo felt that the pad locations drawn on the Tentative Map ought to be adhered to; he felt that any relocation in excess of one foot was no longer a minor amendment Chr. Sorensen and Com. Adams concurred. Chr. Sorensen wished to see the trees preserved; she questioned the report that the trees were diseased irt such a short period of time as previously heard. Com. Szabo stated that if the Motion did not include reference to the trees, the original Conditions of Approval would remairt irt effect. Mr. Jones stated that the origirtal Arborist's Report discussed the fact that the tree was diseased. The recent report referred to the tree's proximity to the proposed house/drive- way which would further damage the tree during construction. Applicants were willing to plant specimen replacement trees. He requested clarification of setback requirements. Mr. Cowan noted that the irttent was to save the six Olive trees in addition to other trees. Ms. Lopez stated that removal of the diseased trees could be conditioned. Com. Szabo felt the Monterey Pirte next to the buildirtg site/driveway could not be saved. MOTION: Com. Mackenzie stated that a minor amendment in terms of a pad location would maintaÌl1 the boundaries of the pad within one foot. With respect to trees, if the Applicant consents to a staff survey along the north property lirte; if trees are not preserved, 36 inch box replacement tress will be installed. SECOND: Com. Szabo VOTE: Passed 4-0 PLANNING COMMISSION MINUTES Regular Adjourned Meeting of August 10, 1988 Page 6 PC - 553 NEW BUSINESS Continued Ms. D. Billard, 21710 Regnart Rd., Cupertino, requested information on the preservation of the Walnut tree on-site. MOTION: Com. Mackenzie moved to amend the Motion to irtclude a requirement to pre- serve the trees along the north property line irt Lots 1-4 withÌl1 a 10 ft. depth. SECOND: Com. Szabo VOTE: Passed 4-0 Mr. Jones questioned whether all the trees along Regnart Rd. were included irt the Motion. OLD BUSINESS: None REPORT OF THE PLANNING COMMISSION: Written Report submitted. REPORT OF THE PLANNING DIRECTOR: Written Report submitted DISCUSSION OF NEWSPAPER CLIPPINGS: None ADJOURNMENT: Having concluded business, the Planning Commission adjourned at lO:P.M. to the next Regular Meeting of 1988 at 7:30 P.M. Respectfully submitted, Carol A. Probst-Caughey, Recording Secretary Approved by the Planning Commission At the Regular Meeting of August 24, 1988 ~~otd£Ø- ee SorenSen, Chairwoman Attest: