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PC 01-11-88CITY OF CJPIER TINOy STATE OF CALIFORNIA 10430 So. Ike Aaiza Blvd. Cupertino, CA 95014 (408) 252-4505 MINUTES OFREGULAR MEETING OF THE PLANNING COMAUSSION HELD ON JANUARY 11,1988 Meeting Held in the Council Chambers, 10300 Torre Ave; SALUTE TO THE FLAG: 7:3.0_P.M. ROLL CALL: Commissioners Present: Vice Chairwoman Sorensen Commissioner Adams Commissioner Claudy CommissionerSzabo Staff resent: Robert Cowan. Director of Planning and. Development Steve Piasedd, Assistant -Planning Director Travice Whitten, Assistant City Engineer Peggy M. Cocker, Deputy City Attorney i APPROVAL OF MINUTES: MOTION: Coax. Adams moved to approve Minutes ofRegular Meeting of December 14, 1987, as presented. SECOND: Com. Szabo MOTE: Passed 4-0 WRITTEN COMMUNICATIIONSo Letter of January 9, 1988 received from Mr. Lewis Curl ORAL COMMUNICATIONS: bone CONSENT CALENDAR: Items 1 and 2 to be acted on simultaneously. ITEM 1: Application No(s) 6-nd 85 (Devised) Applicant: Lawrence Meverle Property Owner: Sarre Location: Southerly terminus of Lan Felipe Doad TENTATIVE MAP: (6-T"M-85 [Devised]) Minor amendment to a tentative map to adjust previously approved pad locations' for three residential lots. ITEM 2: Application No(s) 30-�J-85 (Devised) Applicant: Marriott Cornoratlon Property Owner: Vallco bark Ltd Location: 1Vorth of Stevens Q eek Blvd. and East of Finch Ave. USE_PE1 T: (30-1J-85 rRevisedy) uestin s extension of use permit. PLANNING COMMISSION MINUTES Regular Meeting of January 11, 1988 Page 2 PC - 534 CONSENT CALENDAR Continued MOTION: Com. Claudy moved approval of Consent Calendar. SECOND: Com. Adams VOTE: Passed 4-0 ITEM 3: Application No(s) Applicant: Franzella's (Orchard Valley Market Place) Property Owner. Coates and Sowards. Inc. Location: Southwest quadrant. Stevens Creek Blvd.. Portal Ave. Parcel Area (Acres): NA USE PERMIT: (52-U-87) To operate a delicatessen/take-out food service counter within an existing specialty food store, and to establish guidelines for control of out door display and sale of merchandise. FIRST HEARING CONTINUED ENVIRONMENTAL DETERMINATION: Categorically Exempt CONTINUED FROM MEETING OF DECEMBER 14, 1987 TENTATIVE CITY COUNCIL DATE: January 19, 1988 Staff Presentation: Mr. Piasecki reviewed the Application and presented a site map. He noted a complaint received regarding the potential fire hazard of a trailer, both the Fire District and the Building Department had inspected the site. However, no building permits had been issued for the trailer. Staff recommended approval, stipulating that the trailer be removed. Applicant's Presentation: Mr. Ralph Brogdon reviewed the history of the business and his letter of January 6, 1988; he noted the cost of implementing Staff recommendations. The Public Hearing was then opened. Mr. Ron Biermann, 19785 Bixby Dr., Cupertino, was not opposed to the trailer, however, the trailer was parked in a loading area and was larger than the one previously parked on site. Ms. Barbara Harris, 19731 Bixby Dr., Cupertino, noted that the trailer was a temporary structure, propped up on a wheel barrow. She cited the unattractiveness and the debris which collected in the area; in addition, trash enclosures were not being utilized. Mr. Joe Sperandeo, Co-owner of Franzella's, stated that the previous trailer was replaced due to excessive noise of the refrigeration motor, the new trailer had an enclosed motor. He stated that the trailer had been brought up to code and reviewed the trash collection schedule. Com. Adams noted that the trailer would not have been approved as presently utilized Ms. Cocker reviewed requirements for grandfathering existing uses or determining legal non -conforming status; due to lack of a permanent structure and/or foundation and the absence of necessary permits, she concluded that the trailer is not a lawfully established use. PLANNING COMMISSION MINUTES Regular Meeting of January 11, 1988 Page 3 PC - 534 Mr. Erogdon stated that Applicants were illia�9 to install pier foundations if necessary, he added that removal of the trailer would not address complaints regarding trash. He noted that as proposed by the Applicants, a fence would screen the area in question. MOTION: Com. Szabo moved to close the Public Hearing. SECOND: Coin. Adams VOTE: Passed 4-0 Com. Adams was favorable to the Application with the exception of allowing the trailer use to continue.Com. Claudy concurred, however, he questioned Condition 3. Outdoor RQWj1ia& and favored requiring a 6 ft. clearance. ®then Commissioners concurred. Mr. Piasecki suggested wording phanges in the Conditions as incorporated in the Motion. MOTION. Com. Szabo moved to recommend approval of Application 52-U-87 subject to the c®ticlusions'and subconclusions of this Hearing: per the Model resolution, Conditions 1-29 Condition 3., amended as follows: 2) An 3earance, add, "Examples of finished quality include painted or stained wood,,metal or plastic containers." 3) "Iegca 'ono A minimum from six foot clearance' shall be maintained from the parking lot curb to displays. Displays shall be located Within' 15 ft. of the store's frontage and shall not be permitted at the west side of the building." Add 6) to read, "Signs shall be in compliance with the Sign Ordinance. it Condition 49 Condition. 5, add, "subject to approval of Architectural and Site Committee (ASAC). ° SECOND: Coin. Adams VOTE: Passed 4-0 rFEM 40 Application No(s) 26-114-87:and 57-EA-87 Applicant: Dividend Development Corporation Property Owner: Ed Cali Location: Horth side of Columbus -Ave. bound by Maria rosa and Wilkinson Ave. Parcel Area (Acres) 3.8ss 2.97 net TENTATIVE MAP- (267TM-0) TO subdivide 1 parcel into 15 parcels with lot sizes ranging from 7,500 sq. ft. to 14,125 sq. ft. FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL DATE: January 19, 1988 S—taff Presentation Mr. Cowan reviewed the history of the Application and presented site maps; henoted the substantial increase in size of Dots 3 and 14. In response t® questidns, he stated that the Council had not directed Staff to explore a mini park nor had the Council that the project was to be reduced to 14 logs. PLANNING COMMISSION MINUTES Regular Meeting of January 11, 1988 Page 4 PC - 534 PUBLIC HEARINGS Continued Applicant's Presentation: Mr. Marvin Kirkeby, Civil Engineer, concurred that specific direction had not been given by the Council on November 16, 1987; revised plans far exceeded minimum requirements for the protection of the trees. Com. Claudy questioned whether a prohibition of paving within the drip line could be added; Mr. Kirkeby responded that while he had no objection, he noted that many surface improve- ments did not require permits and thus such a prohibition would be difficult to monitor. Ms. Cocker stated that an easement could be granted protecting the tree canopy in a recorded document/covenant. Mr. Dick Oliver, Dividend Development Corporation, cited an example of provisions being placed in recorded deeds to address a similar situation; he had no objection to such. Com. Adams noted concern regarding the tree protection during construction, Mr. Kirkeby suggested procedures for tree protection and addressed the question of site drainage. The Public Hearing was then opened. Mr. E.J. Ford, 10853 Wilkinson Ave., Cupertino, felt that the Council had recommended a 14 lot project, with options for a mini park and a pedestrian walkway; no such plan was submitted nor was there time to study options. There were concerns for environmental and architectural compatibility with the neighborhood; he asked for a denial of this Application. Mr. B.F. Smith, 10933 Wilkinson Ave., Cupertino, presented a signed petition and asked that the decision be deferred pending further consideration of alternatives. Mr. Art Reed, 10990 Maria Rosa Way, Cupertino, asked that any project approval be subject to residential design standards developed at the upcoming January 15,1988, meeting. Mr. Bill Wilson, 10970 Maria Rosa Way, Cupertino, cited the Rainbow Dr. project as an example of a development incompatible with an existing neighborhood. Mr. Pete Carmada stated he has lived in Cupertino for all of his 69 years; he noted that the old Cali home was directly under the Oak trees in question. Examples cited of the increased value of existing homes despite project incompatibility with the neighborhood Ms. Suzanne Ford, 10853 Wilkinson Ave, Cupertino, commented as follows: - Noted for the record that over 100 signatures were on the petition presented earlier - Council's inquiry whether the community would accept an assessment district to support a mini park was premature; neighbors would like to study the possibility of a mini park - Noted that easements/covenants could be legally challenged and overturned - Objected to estate size houses on city lots Mr. Ford reviewed demographics of the survey and asked that the revised plan be denied. Mr. Oliver responded that the Council had not directed that a 14 lot plan be submitted nor that such include a mini park. PLANNING COMMISSION MINUTES Regular Meeting of January 11, 1988 .Page 5 PC - 534 PUBLIC BEARINGS Continued MOTION' COO. Adams moved to close the Public Blearing SECOND: Com. Claudy VOTE: Passed 4-0 Corn. Adams noted that revised plans had addressed tree protection; Mr.ovan added the Council had not directed Staff to ffivestigate the option of a mini park. that Com. Szabo saw no reason to deny the Tentative Map Application, citing conforrni ty to General Plan; a denial could not be made upon the incompatibility with an existingarea. e Corn. Claudy noted that the original concern was lack of adequate tree protection; a mini park ryas considered primarily to preserve the Oaks, rather than as an amen in itself Tree protection had been addressed; the. issue of incompatibility with an existin neighborhood was not within the regulatory jurisdiction of the Commission. g MOTION: Con. Claudy moved to reopen the Public blearing SECOND: Cohn. Adams VOTEPassed 4-0 lam°. Kirkeby reviewed the Council discussion of November 16, 1987, and stated revised plans submitted would protect the Oak trees without the loss of 2 lots. that the N4re Nilson added further information on the Council discussion Mr. Oliver questioned the purpose of limiting the number of lots and noted that every effort to preserve the Oak trees had been done. He was willing to provide a pedestrian walkway; however, he cited potential policing and maintenance problems. y Ms. Ford stated that neighbors did not intend the mini park to have recreational f . she noted'the importance of park and open space in high density areas. acilities; MOTION. Com. Claudy moved to close the reopened Public Dearing SECOND: Coffin Adams VOTE: Passed ° 4-0 MOTION. Como Claudy moved the granting of a Negative Declaration SECOND: Come Adams VOTE: Passed 4-0 Coin. Adams suggested consideratioh of an amendment trian walkway; if amended, he would vote in favor. Cow. adding a regy r enm t f'that such world alter lot lines; the Commission would then be approving an Application in the absence of the amended Tentative Map. Com. Adams withdrew his suggestion. MOTION' Com. Claudy moved to recommend approval of Application 26-TM-87 subject subject to the findings and subconclusions of this Blearing per the Model Reso- lution, lution, adding a Condition that a clause be inserted in deeds of lots 3, 14 and 15 wording as stated in Condition 15. SECOND; Com. Szabo VOTE: Failed, Vice Chr. Sorensen, Com. Adams opposed 2-2 PLANNING COMMISSION MINUTES Regular Meeting of January 11, 1988 Page 6 PC - 534 PUBLIC HEARINGS Continued MOTION: Com. Adams moved to send a Minute Order to City Council stating that votes in opposition to the Application were due to the desire to see a 15 lot Tentative Map with a pedestrian walkway which capitalized on the Oak trees and vegetation. Coro. Claudy added that the Commission felt that a mini park would be a valuable asset to the neighborhood; the neighborhood had indicated that they might be willing to participate in the acquisition and development of a mini park. MOTION: Com. Adams amended the Motion to include the above statement SECOND: Com. Szabo seconded the amended Motion VOTE: Passed Break: 9:45 - 10:00 P.M. ITEM 5: Application No(s) 25-TM-87. 10-Z-87 and 55-EA-87 Applicant: BAS Homes Property Owner. Rose Cassisi Location: Northwest side of Rainbow Dr. approximately 600 ft. west of Bubb Rd Parcel Area (Acres): 3.52 +- net 3.96 gross TENTATIVE MAP: (25-TM-87) To subdivide 1 parcel into 5 single-family lots with lot sizes ranging from 9,950 sq. ft. to 104,500 sq. ft. REZONING (10-Z-87) From A1-43 (Agricultural, Residential, 43,000 sq. ft. minimum lot size) zone to RHS (Residential, Hillside) zone or whatever zone may be deemed appropriate by the Planning Commission. FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL DATE: February 1, 1988 Staff Presentation: Mr. Piasecki reviewed the Application and presented exhibits of the site. Staff recommended deletion of Condition 21; he called attention to the "Preliminary Geologic and Geotechnical Review" and the Tree Rport. Applicant's Presentation: Mr. Steve Stern, BAS Homes, discussed site drainage plans. Mr. Peter McMorrow, Civil Engineer, noted that the Geologic Report addressed concerns regarding Lot 5; however, further study was recommended in the Report. Mr. Freitas cited the letter of Velma Freitas, December 3, 1987, and asked that survey markers placed by the developer be shown to him and his mother. Mr. McMorrow stated that Applicants were agreeable to showing the Freitas any information they had; Tentative Map Application was based on a survey completed in 1979. 3 PLANNING �"®�ITSSI®liTM�j°� .Page 7 �g ®f January 11 s 1985 S PC - 534 P�I,I�AiT�S �ntinu� Mr° Jinn Wilrnore, 21594 La Playa noted. the differingY �t Qupe�tano9 cited f1® He asked that a' dcis on ®� betv'een PAP �s and cited g which had occur• 1988 is completed b be dela ted privacy impacts and loss o ew y the Co Yio until the Residential Design Review ®n Jan �g21iSSi®�, Ms. Carol ][�ausffia„y�, January 13, aesthetics in re e 21695 Regnartt Rd, Cupertgn®, noted the 1 ports submitted and a.sked,ihat the strew lack of an Mr. Piaseeki noted that re and trees on -site be p eS mention ®f �' Whitten reviewed stab anon � dressed trees Potentially erosion control plans for thecreby c®ns�ction. ° Charles Taffies, 21614 La Playa ��,Cupertino,k area.-, site and cited. privacy impacts and v1ew Jos noted the hi s from the proposed osed Sher elevation of the project Mr; Z rt or added concern p p two-story house.he ashat measures be taken o�nsurve treks adjacent to the Appliet�sr®pee Ms. Do c survival of these trees. �' 9 tty E�ard, 21710 Regnart Rd., (Cupertino, was MrS. Rosa concerned a a bou �a t re SS1S` . t . i made retaining wall all available � . s, e information on the s MOTION: _ a�cy completed in 19S7e tom° Szabo moved to cl®se the Public Hearing SECOND' �Com° Claud VOTE: Passed y Com. Szabo noted that delayin the , 4-0 would be u reasonable other �® Project for the .Residential Design Commissioners cone urrede .Review hcaings MOT10No Corn. Adams moved the SECOND: COm. Cla:udy granting of a Ne V®. Passed da 1`Eo tive Declaration M®�®moo �'®ffi. Adages moved to rec 4-0 SEQ✓®l�o conclusions and subeohcl-a — this ]FIe ° pp f application 10-Z-S7 subject to VOM: � , Claudy P the Model Resolution. ution MOT10N- C'®m- Adams moved a _pproval of A 4-0 and subconclusidns. of the le Application �5_ Condition 20 g Per the M "$7 subject to conclusions adding statement that the westerlylot �'®nditi®ns 1=19• SECOND:based on slope density stars tom• Claudy a Condition 21, elet ®t be subdivided, VOTE.. Passed Y'EM 70 Consensus reached that 4-0 Resta54 urant) could not be h�azd a this U -S7, Shin u and IEtow1fcF1y's M®°l'g0N COM. Clad SECOND Coma Adages Moved to Continue Application 54-U-S7 Via Passed to Jaaguag•y25, 1988 4-0 PLANNING COMMISSION MINUTES Regular Meeting of January 11, 1988 Page 8 PC - 534 PUBLIC HEARINGS Continued PTEM 6: Application No(s) 53-U-87 Applicant: ARCO Oil Property Owner: ARCO Oil Location: Southwest corner of Silver Oak Way and Foothill Blvd, 1012 Foothill Blvd. _ Parcel Area (Acres): .63 net .85 rg oss USE PERMIT (53-U-87) To operate a 275 sq. ft. snack shop within an existing service station FIRST HEARING ENVIRONMENTAL DETERMINATION: Categorically Exempt TENTATIVE CITY COUNCIL DATE: January 19, 1988 Staff Presentation: Mr. Cowan reviewed the Application and noted the request for hours of operation from 6 A.M. to 10 P.M; Applicant agreed not to sell beer or wine on site. Applicant's Presentation: Mr. Roger Sayre noted that the size of the proposed operation had been reduced to address concerns of the neighbors; he confirmed that the snack shop was currently in operation. The Public Hearing was then opened. Mr. Bob Burns, Westridge Homeowners Association, noted that two similar operations existed in the immediate vicinity; current traffic congestion and noise impacts were noted Mr. Larry Loo, Cupertino, noted efforts to curtail existing problems of noise, litter, traffic and loitering in the neighborhood; Mr. Joe Flood, 1307 Daphene Dr., Cupertino, cited trash/bottles thrown on private property. MOTION: Com. Claudy moved to close the Public Hearing SECOND: Com. Adams VOTE: Passed 4-0 Ms. Cocker requested that the Findings state that the Commission prohibited the concurrent sale of alcohol and gasoline due to the unique location (adjacent to residential use) of this business. MOTION: Com. Claudy moved to recommend approval of Application 53-U-87 subject to the conclusions and subconclusions of this Hearing per the Model Resolution, Conditions 1-10; insert a Condition 11 to state that "Approval is not granted for the sale of alcoholic beverages at this site. Condition 12-13. Findings to state that the sale of alcoholic beverages are not approved given the proximity of this site to a residential area; this prohibition is with the agreement of the Applicant. SECOND: Com. Szabo VOTE: Passed 4-0 PLANNING COMMISSION M2q=S Regular Meeting of January 11, 1988 Page i PC 534 ADJOURNMENT. Having concluded its business, the PI annin Commission adjourned at 11:20`P.M. to the Adjourned Regular Meeting ®f 1988 at 7.30 P.M. Respectfully submitted, /s/ Carol A Probst-Caughey Carol A. Probst-Caughey, RecordingSecretary Approved by the Planning commission. At the Regular Meeting of January 25, 1988 /s./ Lauralee Sorensen Lauralee Sorensen, Mice - CChairwornan Attest: