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PC 07-11-88 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 JULY 11, 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 Claudy Commissioner Mackenzie Commissioner Szabo Robert Cowan, Director of Planning and Development Steve Piasecki, Assistant Planiting Director Travice Whitten, Assistant City Engineer Leslie Lopez, Deputy City Attorney APPROVAL OF MINUTES: Staff Present: ~ Com. Mackenzie asked that Mirtutes of June 16th, Page 4, Motion be amended to read, "The applicant may seek extensions prior to said date...." and deleting extraneous phrase. MOTION: Com. Mackenzie moved to approve Mirtutes of the Regular Meeting of June 16, 1988, as amended. SECOND: Com. Claudy VOTE: Passed 5-0 Com. Mackenzie asked that Mirtutes of June 27th, Page 4, Motion read "Com. Mackenzie, Szabo dissenting" On Page 5, final sentence to read, "Com. Mackenzie asked.." MOTION: Com. Mackenzie moved to approve the Mirtutes of the Regular Meeting of June 27,1988, as amended. SECOND: Com. Adams VOTE: Passed 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1: Application 16-U-88 - Stowers Associates - Staff requested continuance to the Meeting of July 25, 1988. MOTION: Com. Adams moved to Continue Application 16-U-88 - Stowers Associates to July 25, 1988 per Staff request SECOND: Com. Claudy VOTE: Passed 5-0 ITEM 2: Application 14- TM-87 (Amended) - Terry Brown Construction Company - Applicant requested that the Application be withdrawn from Calendar. PLANNING COMMISSION MINUTES Regular Meeting ofJuly 11, 1988 Page 2 PC - 549 POSTPONEMENTS OR NEW AGENDA ITEMS Continued ITEM 3: Application 17-U-88 - Richard Scott - Applicant and Staff requested contin- uence to the Meeting of August 8, 1988. MOTION: Com. Adams moved to Continue Application 17-U-88 - Richard Scott to the Meeting of August 8, 1988. SECOND: Com. Claudy VOTE: Passed 5-0 WRITTEN COMMUNICATIONS: - Letter of Mr. Godfrey Mungal, July 7,1988, regardirtg Apple Day Care Center. - Letter of Ms. Katherine Messinci, July 5, 1988, regarding property located 200 ft west of Rae Ln., owned by Mr. Leon Rimovsky - Letter and photographs of Ms. Ann Angerregardirtg Application 13-U-81 (Amended) - Letter of Mr. Joseph M. Jackson, Cupertino Waterfall Homeowners Association ORAL COMMUNICATIONS: None. CONSENT CALENDAR: None. PUBLIC HEARINGS: ITEM 4: Application No(s) Applicant: Property Owner: Location: 7-TM-88 and 4-V-88 Bruce and Debbie Bonfield Robert and Jov Pinard East side of Stellin¡¡ Rd.. West side of Kirwin Ln.. I\Pproxi- matelv 100 ft south of Erin Wav .4 net Parcel Area (Acres): TENTATIVE MAP: (7-TM-88) To subdivide one parcel into two parcels with lot sizes of 7,750 sq. ft. and 9,300 sq. ft. VARIANCE: (4-V-88) On Parcel B from Ordinance No 1374, Section 7.2, to allow a 56.5 ft. lot width in lieu of the minimum required 60 ft. FIRST HEARING CONTINUED (7-U-88) FIRST HEARING (4-V-88) ENVIRONMENTAL DETERMINATION: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: JULY 18,1988 (4-V-88) Staff Presentation: Mr. Cowan reviewed the Application and presented a Site Map. Applicant's Presentation: Mr. Bruce Bonfield commented as follows: - Subdivision yielded two nicely sized lots; Setback requirements would be met - With respect to a Variance, at 20 ft. back, the lot was 56.5 ft. wide; however, the house would be set back almost 34 ft at which poirtt the lot was in excess of 60 ft. wide - Noted previous contacts with neighbors whose concerns were setbacks and rear yard privacy; he explairted the proposed dimensions and setbacks Reviewed the trees on-site to be saved PLANNING COMMISSION MINUTES Regular Meeting of July 11, 1988 Page 3 PC - 549 PUBUC HEARINGS Continued The Public Hearing was then opened. Mr. G. Sullivan, 7630 Kirwin Ln., Cupertino, cited the following concerns: Two story home would impact the visual corridor and change the ambiance of the area Requested an architectura1 rendering in order that neighbors have some control over type of home to be built, ensuring architectural compatibility with existing homes Cited traffic hazards at Kirwin Ln. curve and the impact that this house would have, namely, removal of the traffic bars--an integral part of the safety of this road Proposed substandard lot would impact parking, suggested provisions be allowed for off-site parking on the lot Requested consideration of the implications of building this house Ms. G. Purcell, 7638 Kirwin Ln., Cupenino, concurred with the above and reiterated concern of traffic hazards; examples were cited. Furthermore, she noted the privacy impacts to her home from the proposed two story house. MOTION: Com. Mackenzie moved to close the Public Hearing SECOND: Com. Claudy VOTE: Passed 5-0 Com. Claudy stated that he understood the neighbors concerns; however, the proposal was reasonable; Com. Adams added that a variance would not have been required if the property had remained under the jurisdiction of the City of San Jose. Chr. Sorensen noted her concerns regarding traffic safety in this area and favored retention of the traffic bars if possible. MOTION: Com. Claudy moved to recommend approval of Application 4- V -88 subject to conclusions and subconclusions of the Staff Repon and this Hearing per the Model Resolution. SECOND: Com. Mackenzie VOTE: Passed 5-0 MOTION: Com. Claudy moved approval of Application 7- TM-88 subject to conclusions and subconclusions of Staff Repon and this Hearing per the Model Resolution. SECOND: Com. Mackenzie VOTE: Passed 5-0 ITEM 5: Application No(s) Applicant Property Owner: Location: 13-U-81 (Amended) United Cable TV of C¡¡pertino CATV Facility COmpanylUnited Cable TV Coq¡. East side of Imperial Avenue. aD¡)t'oximately 100 fl south of Stevens Creek Blvd. Parcel Area (Acres): .L USE PERMIT: (13-U-81 [Amended]) To modify previously imposed conditions of approval to allow overnight parkirtg of company vehicles. PLANNING COMMISSION MINUTES Regular Meeting of July 11, 1988 Page 4 PC - 549 PUBLIC HEARINGS Continued FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically exempt TENTATIVE CITY COUNCIL HEARING DATE: July 18, 1988 Staff Presentation: Mr. Cowan reviewed the Application and called attention to Staff Report Staff Concerns and Staff Recommendation: an Exhibit showirtg the approved plan for the Monta Vista area was shown. ADt;Jlicant's Presentation: Mr. Joseph Wilcox, General Manager, United Cable Television, cited the following concerns: Discussed alternatives for overnight parking and noted the lack of provision for such at the time of the original Use Permit approval irt 1981 Questioned Staff allowance for parking only 7 vehicles when 10 stalls existed on-site Ouly other option was to park in public parking in front of the building ConflIlIled that a secondary site existed for storage on the De Anza College Campus Com. Claudy cited the pictures presented by Ms. Anger; he stated that it was not the intention of the City to allow the amount and type of storage shown on the pictures. Mr. Wilcox responded that pictures presented had not been taken in the last couple months; shipments to Monta Vista were moved to the De Anza site withirt 24-48 hours. Com. Mackenzie suggested a compromise allowing the Use Permit Modification while forbiddirtg the receiving of any shipments to the Monta Vista site. The Public Hearirtg was then opened. Ms. Ann Anger, Monta Vista Homeowners Association, commented as follows: Imperial Ave. continued to experience problems despite improvements in Monta Vista Was favorable to the design and appearance of the building Asked that the area south of Stevens Creek Blvd. be preserved for commercial use Pictures presented represented the situation; she noted prior complairtts about this site Urged denial of this request; Applicant had not lived up to the Use Permit Conditions MOTION: Com. Claudy moved to close the Public Hearing. SECOND: Com. Adams VOTE: Passed 5-0 Chr. Sorensen commented that she was dismayed that there were two Applications before the Commission at this hearing whereirt Conditions of the Use Permit had not been met. Com. Claudy added that the Applicant had not followed Conditions of the Use Permit; in addition, the City had not adequately foreseen the scope of this operation. However, the Applicant could park the service vehicles on a public street. He felt that Monta Vista had not developed as a General Commercial (CO) district as had been hoped. Com. Adams questioned the current scope of operations and the projected growth of United Cable Television. PLANNING COMMISSION MINUTES Regular Meeting ofJuly 11, 1988 Page 5 PC - 549 PUBUC HEARINGS Continued MOTION: Com. Adams moved to reopen the Public Hearing SECOND: Com. Szabo VOTE: Passed, Com. Claudy dissenting 4-1 Mr. Wilcox provided information on the current operations and the projected market share. Ms. Anger stated that the purpose of the Use Permit was to serve potential customers. Mr. Cowan responded that when the Use Permit was granted it was recognized that service trucks would occupy the site; in addition, there were warehouse facilities on-site. How- ever, he concurred that storage oflarge quantities of material was not appropriate. MOTION: Com. Claudy moved to close the reopened Public Hearirtg SECOND: Com. Adams VOTE: Passed 5-0 Com. Adams was favorable to Staff recommendation that Condition 22 be amended; however, he suggested that the number seven, limiting the parked vehicles, be deleted. Com. Claudy concurred and further suggested that the 7:00 A.M. - 7:00 P.M. hours of operation also be deleted from this Condition. Com. Szabo suggested the use of additional landscape screening; Mr. Cowan stated that some restricted landscaping would be possible on the northern portion of the site. Com. Mackenzie suggested wording for the Motion as stated below. MOTION: Com. Mackenzie moved to recommend approval of Application 13-U-81 (Amended) Condition 22 to read, "There shall be no outside storage of material or equipment on the site for any period of time. The parking lot may be occu- pied by service vehicles within the designated parking spaces. The heavy duty service trucks, including "bucket trucks" and flatbeds shall be located in the center of the row of parking to minimize their view from Imperial Avenue. SECOND: Com. Adams Ms. Lopez advised the Commission per their discussion, that parking on the public street could not be prohibited; however, a Condition could be added requirirtg that on-site park- ing be utilized before parkirtg on the public street. She suggested sending a Minute Order to Council to communicate the concerns of the Commission. Com. Szabo noted that by allowing on-site parking, the number of parked vehicles could double; the Commission was allowing the modification to ensure that parking would not occur in front of the site; sirtce the Permit was accepted by the Applicant and provided an extra benefit, the Applicant may not be subject to the same parkirtg regulations as others. Com. Claudy objected on the grounds that parking was governed by a separate Ordinance. Ms. Lopez cautioned that any such restriction would have to be carefully worded. Com. Szabo withdrew an amendment to the Motion in favor of sending a Minute Order. The Chair called for a vote on the Motion. VOTE: Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting ofJuly 11, 1988 Page 6 PC - 549 PUBLIC HEARING Continued MOTION: Com. Mackenzie moved to send a Mirtute Order to Council suggestirtg that they review the possibility of prohibiting heavy trucks from parking on public streets in the Monta Vista Planning District SECOND: Com. Claudy VO'IE: Passed 5-0 Consensus reached that Items 8, 9 and 10 be continued to a Regular Adjourned Meeting. MOTION: Com. Claudy moved to Continue Items 8, 9 and 10 to a Regular Adjourned Meeting on July 13, 1988. SECOND: Com. Adams V01E: Passed 5-0 Break: 9:00 - 9:17 P.M. ITEM 6 Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): l8-U-88 John Bieletich St. Sava Serbian Orthodox Church North side of Orion Ln. west of Stellim! Rd. N/A USE PERMIT: (18-U-88) To authorize retention and use of an existing 2,600 sq. ft. recreation building constructed without permits. FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt Staff Presentation: Mr. Piasecki reviewed the history of the Application and presented an aerial photograph of the site; he called attention to Staff Report, Parkin!!. ADDlicant's Presentation: Mr. John Bjeletich, Building Committee, commented as follows: Noted that the Church was in Santa Clara County prior to coming into Cupertino A legal building permit existed; the illegal action was to construct the walls Noted difficulty understanding the concept that if the space remained a pavilion, an excess of parking resulted; however, by adding walls, a parking deficit occurred Addirtg a bandstand and bathroom, a 47 parking space deficiency resulted Objected to a 10 ft dedication; no one on Orion PI. was lacking egress to Orion Ln; in addition, there were 6 mature redwood trees which would be endangered Objected to the Church beirtg referred to as a developer; Church would retain the site Walls were added to contaÌl1 the noise; now a Noise Impact Survey was being required Confmned that he was President of the Board in 1986 when the application was filed; after an existing patio was reconstructed, church members were cold when using this area and thus it was decided that the area would be enclosed The old patio was enclosed with plastic sheeting; T 1-11 siding replaced the plastic Offered to tear down siding and replace the plastic which was unattractive Felt that the plastic sheeting had been legal Applicants wished to enclose the area so as to not to have trouble with the neighbors PLANNING COMMISSION MINUTES Regular Meeting ofJuly 11, 1988 Page 7 PC - 549 PUBLIC HEARING Continued The Public Hearirtg was opened. Ms. Shirley Wagner, 1098 Derbyshire Dr., Cupertino, cited parking problems on Derby- shire Dr. and Orion PI. from Church members; she noted potential traffic hazards. Mr. Wesley Kosich, Buildirtg Committee, commented as follows: Reviewed the history of the Application Noted financial constrairtts of the Church in constructing a patio Stated that Applicants intended to appeal Conditions of Approval Cited the potential cost of improvements required Felt that only two events a year held at the Church impacted parking in the area Requested information on the requirement for undergroundirtg utilities Mr. Whitten provided information requested by the speaker. Mr. Kosich provided information on the patio structure per Com. Mackenzie's request. Mr. B. Morgan, 7818 Lumar Ct., Cupertino, concurred regardirtg parking impacts. Mr. B jeletich responded that it was not illegal to park on residential streets; if parking occurred irt illegal places, residents should call the sheriff. Ms. Dorothy Morgan, 7818 Lumar Ct, Cupertino, confirmed that illegal parkirtg occurred; the sheriffs department did not seem aware of the situation. MOTION: Com. Claudy moved to close the Public Hearing SECOND: Com. Szabo VOTE: Passed 5-0 Com. Adams cited plans showirtg what appeared to be 4 irt. walls; however, the Applicant had irtdicated that they were curtain walls. He concurred with Staff Recommendation. Com. Claudy agreed and noted that a request for 2000 sq. ft. recreational building would be approved; he added that the roof had been built legally. Com. Mackenzie stated that this was a non-conforming use; the intent was to improve the site. He supported Staff Recommendation. Com. Szabo commented that even though it was legal to park on the street, it was the responsibility of the Commission to ensure that the neighborhood was not unduly impacted by parking; he would support Staff Recommendation. Chr. Sorensen asked that a trash enclosure be required; in addition, striping the parking area would provide form and ensure a set number of spaces. She noted her disappointment irt the construction of buildings without the required permits. MOTION: Com. Mackenzie moved approval of Application 18-U-88 subject to conclu- sions and subconclusions of the Staff Report and this Hearing per the Model Resolution. SECOND: Com. Claudy VOTE: Passed 5-0 PLANNING COMMISSION MINUTES Regular Meeting ofJuly 11, 1988 Page 8 PC - 549 PUBLIC HEARING Continued ITEM 7 Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): 19-U-88 and9-TM-88 Kinst Companv William Kinst Northeast corner of Pasadena and Lomita Ave. .34 IITOSS USE PERMIT (19-U-88) To construct a four unit townhouse development TENTATIVE MAP (9- TM-88) To subdivide 1 parcel into 4 lots ranging in size from 2,200 sq. ft. to 3,200 sq. ft.. FIRST HEARING ENVIRONMENTAL DETERMlNA TlON: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: July 18, 1988 (19-U-88) Staff Presentation: Mr. Piasecki reviewed the Application and called attention to issues as stated irt the Staff Report. Annlicant's Presentation: Mr. William Kinst, Applicant, commented as follows: Efforts were being made to preserve the trees on-site although some were diseased Did not object to Staff Recommendation with the exception of comments on height; he thought they conformed to height requirements with the exception of the driveway Reviewed buildirtg design and its compatibility with the character of Monta Vista area Questioned the restriction on trees irt one corner of the site The Public Hearing was then opened. There were no speakers. MOTION: Com. Mackenzie moved to close the Public Hearing SECOND: Com. Adams VOTE: Passed 5-0 MOTION: Com. Mackenzie moved approval of Application 9- TM-88 subject to conclu- sions and subconc1usions of the Staff Report and this Hearing per the Model Resolution. SECOND: Com. Adams VOTE: Passed 5-0 MOTION: Com. Mackenzie moved to recommend approval of Application 19-U-88 sub- ject to conclusions and subconclusions of the Staff Report and this Hearing per the Model Resolution. SECOND: Com. Adams VOTE: Passed 5-0