PC 01-25-88
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue.
Cupertino, CA 95014
(408) 252-4642
MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON JANUARY 25, 1988
Meeting Held irt 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
Staff Present:
Robert Cowan, Director of Planning and Development
Steve Piasecki, Assistant Plannirtg Director
Glen Grigg, Traffic Engineer
Peggy M. Cocker, Deputy City Attorney
APPROVAL OF MINUTES:
Com. Adams asked that on Page 4, Minutes of January 11, 1988, read, "Mr. Carmada"
MOTION: Com. Adams moved to approve Minutes of the Regular Meeting of January 11,
1988, as amended.
SECOND: Com. Claudy
VOTE: Passed 5-0
Chr. Sorensen asked that on Page 5, Vote to read, "Passed, Com Sorensen abstaining"
MOTION: Com. Mackenzie moved to approve Minutes of the Adjourned Regular Meet-
irtg of January 13, 1988, as amended.
SECOND: Com. Szabo
VOTE: Passed 5-0
ORAL COMMUNICATIONS: None
CONSENT CALENDAR:
ITEM 1: Application 23-U-87 -Bryan/Watkins - Requesting approval of a minor amend-
ment to a previously approved use permit for a two story office/retail/residential
building to adjust required setbacks.
ITEM 2: Application 4-U-86 - Prometheus Development - Request for minor amend-
ment to incorporate bridges connecting the upper stories of a twin 8 story office
development.
M0110N: Com. Szabo moved approval of Consent Calendar
SECOND: Com. Adams
VOTE: Passed
5-0
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PLANNING COMMISSION MINUTES
Regular Meeting of January 25,1988
Page 2
PC - 536
PUBLIC HEARINGS:
ITEM 3.
Application No(s)
Applicant:
Propeny Owner:
Location:
54-U-87
Shinl!U and Etow (Eli McFlv's Restaurant
P. Barnhan
Southwest corner of Vallev Green Dr. and No. De Anza
Blvd.
N/A
Parcel Area (Acres):
USE PERMIT (54-U-87) To remodel an existing restaurant to reconfigure upper and
lower floor dining space, and to provide related exterior architectural improvements.
FIRST HEARING CONTINUED
ENVIRONMENTAL DETERMINATION: Categorically Exempt
TENTATIVE CITY COUNCIL DATE: February 1,1988
CONTINUED FROM THE MEETING OF JANUARY 11, 1988
Staff Presentation: Mr. Piasecki reviewed the Application and stated that Staff
recommended approval.
Applicant's Presentation: Mr. Garrett Shingu responding to questions stated that existing
seating would be relocated to the greenhouse dining area being requested; such was being
done to eliminate an undesirable dining area in the restaurant.
The Public Hearing was then opened. There were no speakers.
MOTION: Com. Adams moved to close the Public Hearing
SECOND: Com. Claudy
VOTE: Passed
5-0
Com. Mackenzie noted his continuing concern regarding restaurants, namely, the parking
ratio; he felt that Applicants had addressed this issue. Mr. Piasecki stated that restaurants
with bars require 1 parking space for every 3 seats.
Com. Szabo noted the request to irtcrease the restaurant size without an increase in seating;
he questioned whether in fact, seating was not being increased. Mr. Cowan responded
that when complairtts were made, Staff investigated them.
MOTION: Com. Claudy moved approval of Application 54-U-87 subject to conclusions
and subconclusions of this Hearing per the Model Resolution.
SECOND: Corn. Adams
VOTE: Passed 5-0
PLANNING COMMISSION MINUTES
Regular Meeting of January 25, 1988
Page 3
PC - 536
PUBLIC HEARINGS Continued
ITEM 4:
Application No(s)
Applicant:
Location:
I-GPA-87 and 52-EA-87
Otv of Cuoertino
Citvwide
GENERAL PLAN AMENDMENT (l-GPA-87)
1. Clarification that the Floor Area Ratio bonus policy applies to the Traffic Inten-
sity Performance Standard area.
2. Consider policies requiring residential design standards regulating height, bulk
and mass of single-family homes.
FIRST HEARING CONTINUED
ENVIRONMENTAL DETERMINATION: Negative Declaration
TENTATIVE CITY COUNCIL HEARING DATE: February 1, 1988
Staff Presentation: Mr. Cowan advised the Commission of deliberations at the City
Council Meeting of January 18, 1988, and reviewed the issues before the Commission.
Mr. Piasecki reviewed the Staff Repon, Interim Ordinance and Interim Rules, and
I-GPA-87 (General Plan policy); he presented the followirtg exhibits:
Pictures of six homes illustrating floor area ratio analyses
Table 1: Examoles of Residential Develooment in Cuoenino
R-l Standards Ootional Packa~es
Tvoical BuiIdin!! Forms Circa 1960's
Com. Claudy noted that concerns heard at Public Hearirtgs of the Commission were:
Perceived bulk of houses and "wall" effect, rather than concerns on setbacks
Reduction of the plane and mass of a house through use of varying design elements
The Public Hearirtg was then opened.
Mr. Patrick Sheehey, 7716 Squire Hill #4, Cupertino, emphasized the followirtg:
FAR's presented in the exhibit of six homes were pretty large
Use of daylight plane concept in conjunction with the FAR's to soften edges,
especially if privacy and view restriction limits are not initiated
Favorable to a downstairs bedroom as shown irt the Hunter homes
c
Mr. Jan Stoeckenius, 22356 Cupenino Rd., Cupenino, felt that 15 ft. setback on both
sides was fairly restrictive; he favored a 15 ft setback from all but one side. One side yard
may be 10 ft. wide.
Mr. AI Wonh, 7724 Squire Hill Ct., Cupenino, requested consideration of a situation
where the elevation of a two-story had been raised several feet through grading; example of
a Squirehill Ct. home cited wherein several feet of fill had been added to the building pad.
Mr. Richard Childress, representing the development industty, commented:
15 ft. setback requirement would be a significant problem for remodelling projects; if
implemented, 50% of a 60 x 100 ft.lot would be eliminated irt terms of the second
floor
PLANNING COMMISSION MINUTES
Regular Meetirtg of January 25, 1988
Page 4
PC - 536
PUBLIC HEARINGS Continued
Mr. Childress continued as follows:
Noted.the strong demand for at least four upstairs bedrooms with two or more baths
, .15 FAR limits the second floor envelope to approximately 1/3 the size of fIrst floor--
which would be somewhat small; recommended a .20 FAR
Implementation of a daylight plane concept raised design concerns on new houses;
varied front setbacks suggested for relief of a "wall" effect of a row of houses
Bulk of houses: control of mass of a house through control of 7 ft. area above second
floor ceiling; example of Saratoga Design Ordinances cited
Use of side garages and alternation of driveway designs
Questioned the application of Ordinance to Residential Hillside (RHS) development
Noted that houses were increasing in size on smaller lots; suggested an incentive,
namely, as the lots irtcreased in size, the FAR would be more liberal
Comparison of FAR's to existing setback standards; examples cited
Control of front and possibly, rear yard setbacks rather than side yard setbacks
Raised elevations from fIll resulted from the necessity for proper drainage; costs of
addirtg fill were cited
Suggested irt Model Resolution (Mirtute Order) that pipeline projects be considered as
ÌI1Ìtiated at the Tentative Map stage
Questioned restrictions to FAR's to the point that two car garages are preferred over
three car garages; noted the impacts of cars on the street
Mr. Bob Hoxsie, 22337 Mc Clellen Rd., Cupertino, commented as follows:
Felt that side yard setbacks were important to preserve air space
Building a four bedroom/two bath house on a 6,000 sq. ft. lot was unrealistic
Felt that the larger lots should be used for larger homes
Noted difference irt remodelling and new projects; cited restriction of a 15 ft. setback
Questioned the purpose of offering an incentive for varied front setback
Ms. Ann Anger questioned an exhibit in the Staff presentation showing a fIve bedroom
house on a 6,000 sq. ft. lot. She favored adequate setbacks; however, she had no
objection to increased height.
Mr. Fred Reine1l noted the followirtg concerns:
More restrictive standards durirtg the irtterim period; he cited his project irt the pipeline
FAR's irt general; he concurred with Mr. Childress' comments
Mr. Dick Oliver, Dividend Development Corp., noted concern about effect of an interim
Ordinance on projects underway; he cautioned that such not be unduly restrictive. He
noted the substantial differences in increased FARs and sideyard setback requirements.
Mr. Marvin Kirkeby, 21442 Elm Ct., Cupertino, commented as follows:
Cited examples of remodelling projects
Noted that the public did not seem concerned about consistency with existing homes
Felt that large roofs added bulk to homes
Noted the attractiveness of the new style architecture; cited specifIc design features
MOTION: Com. Claudy moved to close the Public Hearing
SECOND: Com. Adams
VOTE: Passed
5-0
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PLANNING COMMISSION MINUTES
Regular Meeting of January 25, 1988
Page 5
PC - 536
PUBLIC HEARINGS Continued
Com. Szabo noted costs of a Use Permit application; Ms. Cocker suggested consideration
of an administrative hearing for exceptions, with the right of appeal to the Commission.
Com. Mackenzie was unfavorable, if such relied upon neighbor's agreement to the project.
Consideration given to variance procedure; difficulty of makirtg the Firtdings noted.
Com. Claudy noted that four bedrooms/two baths could be built irt a .15 Second Floor
FAR; he felt that as the lot size decreased, the FARs could increase. Com. Mackenzie
favored leaving the FAR double across the lots; he favorr.d smaller houses on the smaller
lots and discussed guidelines for the Residential Design Ordinance.
Consensus reached by the Commission at.2O Second Floor FAR for the irtterim Ordirtance
Com. Adams suggested in the Model Resolution, Setbacks - Sidevard that the second story
FAR may be irtcreased when the front yard setback was increased by 10 ft; Com. Claudy
did not feel that a bonus had to be given for setbacks when the FAR was .2; he noted that
privacy intrusion to rear yards would result from increasing the front setback.
Com. Mackenzie suggested consideration of a required 10 ft. side yard setback on all
sideyards.
Mr. Piasecki noted that a partial offset provided visual relief; he noted the potential
difficulty of admirtistrating an interim ordirtance with numerous requirements.
Consensus reached by the Commission that one sideyard setback could be 10 ft.
Com. Adams suggested in the Model Resolution, Vertical Extension. add 4) "Attic space
over 7 ft. is considered second floor space; agreement reached that "floor to ceiling space
greater than 15 ft." be substituted for the term "attic space." Saratoga Design Review
Ordinance to be reviewed for language.
Com. Adams suggested in the Model Resolution, Use Permit. be deleted. Com. Szabo
reiterated concern regarding the making of Findings in granting a variance; he suggested
consideration of an Exception Procedure for the interim period. Com. Claudy was
favorable to such.
Mr. Cowan suggested that the Architectura1 and Site Approval Committee (ASAC) review
applications durirtg the interim period; the Rl Ordinance was cited. Com. Adams was
favorable to this suggestion; Com. Mackenzie noted that this process was beirtg developed
for two recently approved tract maps.
Consensus reached that ASAC review exceptions; Com. Mackenzie dissenting.
Com. Adams suggested language be added to state, "Fill lots resulting in fIrst floor
elevation differences of 5 ft. are limited to a second floor FAR of .15" Com. Claudy cited
an example and added that if second story windows exceeded an acceptable differential, the
house would have to be modified as needed. Building on the higher elevation lot, the
house would have to be maintained within the plane from the lower lot. He concurred that
this suggestion should be considered for the Residential Design Review rather than the
in terim ordirtance.
Com. Adams suggested in the Model Resolution, Pine1ine. to remain as stated.
,
PLANNING COMMISSION MINUTES
Regular Meeting of January 25, 1988
Page 6
PC - 535
PUBLIC HEARINGS Continued
MOTION: Com. Szabo moved to adopt a Minute Order to the City Council, recommend-
irtg Interim Design Standards for Single-family homes, regulations as follows:
I) Second Floor (FAR) Floor Area Ratio Second floor area may not exceed
.20 of the total net lot area.
2) Setbacks-Sidevard Second floor elements shall be setback a minimum of
15 ft. from one side yard and 10 ft. from the other
3) Vertical Extension Vertical extension along existing building lines with
consent of neighbors shall be rescinded.
4 ) Vertical SDace Floor to ceiling area greater than 15 ft. is considered second
floor space
5) ExceDtion Architectural and Site Committee (ASAC) to review exceptions
during the interim period
6) Piocline Sites for which a fmal tract map has been recorded and which have
filed for building pennits prior to February 2, 1988, shall be exempt from
irtterim regulations
SECOND: Com. Adams
VOTE: Passed 5-0
Mr. Piasecki reviewed the General Plan Amendment and answered questions.
Com. Mackenzie questioned whether the proposed Ordinance Amendments adequately
addressed a Planned Development zoning district.
Com. Claudy had no objection; he suggested the addition of language addressing the
excessive visual intrusion into adjacent developed residential properties and to reduce
perceived building mass from adjacent residential properties through grade differentials.
Mr. Cowan suggested that this sentence be added to the Model Resolution, Strategy 3.
MOTION: Com. Claudy moved the granting of a Negative Declaration.
SECOND: Com. Szabo
VOTE: Passed
5-0
MOTION: Com. Claudy moved to recommend approval of I-GPA-87 subject to the con-
clusions and subconclusions of this Hearing per the Model Resolution, adding
Strategy 3 as noted.
SECOND: Com. Adams
VOTE: Passed 5-0
MOTION: Com. Claudy moved to direct Staff to initiate work on the AI, Rl and RHS
zoning to develop language to impliment the proposed General Plan
Amendment.
SECOND: Com. Adams
VOTE: Passed 5-0
Mr. Kirkeby requested additional information from the Commission regarding the action
taken.
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PLANNING COMMISSION MINU1ES
Regular Meeting ofJanuary 25, 1988
Page 7
PC - 536
NEW BUSINESS:
ITEM 5: Status Report on rear wall at Orchard Valley Marketplace.
Staff Presentation: Mr. Piasecki reviewed the Staff Repon; he noted that the Property
Manager was unable to attend due to illness.
Mr. George Harris, 19731 Bixby Dr., Cupertino, stated that he was not in favor of the
installation of the wall for the following reasons:
It would move the wall closer to his residence
Would designate a non-restricted area, with increased activities
Sounds would reflect off the wall and onto the rear wall of the building
Mr. Ron Biermann requested irtformation on the restricted area and the November 23,
1987, hearing. He suggested a security guard be hired to ensure that the gate remain
locked.
Mr. Tamblyn, 19721 Bixby Dr., Cupertino, objected to the irtstallation of the wall.
Com Claudy, withdrew his suggestion of irtstalling a wall, since the neighbors themselves
did not wish the wall to be irtstalled.
MOTION: Com. Adams moved to adopt a Minute Order determining that a wall would
not significantly improve conditions; such not to be irtstalled at this time.
SECOND: Com Szabo
VOTE: Passed 5-0
OLD BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
Com. Claudy suggested that the lectum in the Council Chamber be turned toward the
camera
Chr. Sorensen irtdicated she will be absent at the Meeting of February 8, 1988
REPORT OF THE PLANNING DIRECTOR:
Written Report submitted
DISCUSSION OF NEWSPAPER CLIPPINGS:
None
ADJOURNMENT: Having concluded its business, the Planning Commission
adjourned 10:19 at P.M. to the next Regular Meeting of
February 8, 1988 at 7:30 P.M.
Carol A. Probst-Caughey,
Recordirtg Secretary