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PC 03-08-82 CITY OF CUPERTINO. STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014-3255 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MARCH 8, 1982 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Chairperson Claudy called the meeting to order at 7:35 p.m. in the Council Chamber of City Hall. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Adams, Binneweg, Blaine, Koenitzer (8:20 p.m.), Chairperson Claudy Staff Present: Director of Planning and Development Sisk City Clerk Cornelius Director of Public Works Viskovich Assistant Planning Director Cowan City Attorney Kilian Associate Planner Piasecki (7:55 p.m.) APPROVAL OF MINUTES: It was moved by Com. Adams, seconded by Com. Blaine and passed with Com. Koenitzer absent to approve the minutes of the regular meeting of February 8, 1982 as submitted. It was moved by Com. Blaine, seconded by Com. Adams and passed with Com. Koenitzer absent to approve the minutes of the adjourned regular meeting of February 9, 1982 with the following clarification: Page 5, paragraph 3, second line, was amended to read, "The City hired an independent third party in order to receive an unbiased report. 11 POSTPONEMENTS OR NEW AGENDA ITEMS: None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None PUBLIC HEARINGS 1. Application 25-Z-80 of Interland Development Company (Seven Spring Ranch): Prezoning approximately 148 ac=es from Santa Clara County Exclusive Agricultural ("A") zoning district to City of Cupertino P (Planned Development with residential intent) zone or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: A Draft Environmental Impact Report has been prepared. The proposed Planned Development prezoning would permit approximately 419 dwelling units consisting of a mix of de- tached and attached single-family dwellings. The property is generally bounded by Rainbow Drive to the north, Stelling Road to the east, Prospect Road to the south, and by the Fremont Older Ope Space Preserve and Upland Way to the west. First Hearing con- tinued. ____~_~____.___ __~,._w_____,_ ._..____________..______~_.~ 'm ...~. ...______._..... PC-377 Page 1 February 8 minutes ap- proved February 9 minutes approved P' '77 Pc 2 25-Z-80 and 3-GPA-81 con- tinued Review of BMR Program continued MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING 2. Application 3-GPA-8l of City of Cupertino: A General Plan Amendment to consider deleting a planned neighborhood park for the Seven Springs Ranch and adjoining neighborhood (Stelling Road between Bubb Road and Rainbow Drive) and to consider the need for public access to the Fremont Older Open Space Preserve. In addition to the issue of a park on the Seven Springs Ranch, the General Plan Amendment will evaluate park needs for the southwest quadrant of the City with special emphasis on the neighborhoods served by the Jollyman, Regnart and Hoover (school sites). Environmental Review: The Environmental Review Committee recom- mends the granting of a Negative Declaration. First Hearing continued. Mr. Jim Jackson requested a March 23 hearing on Application 25-Z-80 as a preliminary hearing limited in scope to be conducted without prejudice. It was moved by Com. Blaine, seconded by Com. Binneweg and passed with Com. Koenitzer absent to continue he~ring of Applications 25-Z-80 and 3-GPA-8l to March 23, 1982. This hearing will consist of limited issues and will be held at Kennedy Junior High School. Staff was also requested to see if the school would be available for an April 22 hearing. 3. Review of Below Market Rate (BMR) Program and Subcommittee Final Report: Consideration of modifications of BMR Guidelines regarding implementation of the BMR Program. First Hearing continued. Tentative City Council hearing date - April 19, 1982. It was moved by Com. Blaine, seconded by Com. Adams and passed with Com. Koenitzer absent to continue review of the Below Market Rate Program to the meeting of March 22, 1982. Staff was requested to contact any interested parties regarding this date. (City Clerk's Note: Associate Planner Piasecki arrived at 7:55 p.m.) 4. Application 4-U-80 (Revised) of Warren B. Heid (St. Jude Episcopal Church): Use Permit to add on to an existing church facility and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the southeast corner of Stelling Road and McClellan Road in a BQ (Quasi-Public) zoning district. First Hearing. Associate Planner Piasecki reviewed the application with the Com- mission. Warren in the ways. Heid, architect, expressed his oplnl0n that a 20-foot driveway center would be more appropriate than the proposed two drive- He requested a deferred agreement in regard to Condition No. 18. Director of Public Works Viskovich requested that the condition remain until it could be proven that the under grounding would be a hardship' MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING Mr. Heid expressed his opinion that taking out the one pole would not enhance the area. Discussion followed regarding the present and proposed driveway, as well as the buildings and parking location. (City Clerk's Note: Com. Koenitzer arrived at 8:20 p.m.) It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to close the public hearing. Com. Koenitzer expressed concerns regarding turns off McClellan Road. Com. Blaine expressed agreement with Condition No. 16 and stated a preference for one wide driveway. In regard to a deferred agreement, she stated that perhaps a letter of appeal should be sent to the City. It was moved by Com. Blaine, seconded by Com. Binneweg and passed with Com. Koenitzer abstaining to recommend granting a Negative Dec- laration for Application 4-U-80 (Revised). It was moved by Com. Blaine, seconded by Com. Binneweg and passed with Com. Koenitzer abstaining to recommend approval of Application 4-U-80 (Revised) per Standard Conditions 1-14; with Conditions 15 and 16 as submitted; Condition 17 amended to require one driveway off McClellan Road, 20 ft. wide; Condition 18 as submitted; as per findings and subconclusions per staff report. 5. Applications l-U-82 and l-TM-82 of William Marocco & Associates: Use Permit to construct an office building equaling approximately 10,000 sq. ft. and Tentative Map to adjust the property line between two existing parcels. The proposed parcels will equal .6 of an acre and .9 of an acre. Environmental Review: The Environmental Review Committee recommends the granting of a Nega- tive Declaration. The subject property is located on the north- west corner of Stevens Creek Boulevard and Vista Drive in a P (Planned Development with General Commercial and/or Office intent) zoning district. First Hearing. Tentative City Council hearing date - March 15, 1982. Associate Planner Piasecki reviewed the application with the Com- mission. Dennis Kobza, architect, 2483 Old Middlefield Way, Mt. View, reviewed street landscaping with Commission and inquired about Con- dition No. 17 of Application I-TM-82. He also stated that he felt Condition 18 of the application was an unknown factor. Mr. Alf Modine, 10385 Prune Tree Lane, requested that spruce trees in the area be left. Commission recommended that where the older, larger trees were lo- cated, the sidewalks could be placed around the trees. There was also concern expressed regarding existing sidewalks and it was asked why there is a need to redo a sidewalk when it is already in. PC-377 Page 3 Public hearing closed Negative Dec. for 4-U-80 (Revised) 4-U-80 (Rev.) recommended for approval ~ '7 Pa5c 4 Public hearing closed Negative Dec. for l-U-82 and I-TM-82 l-TM-82 recom- mended for approval l-U-82 recom- mended for approval MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING Discussion followed regarding need for a roof line on the building other than the proposed cap. It was moved by Com. Adams, seconded by Com. Binneweg and passed unanimously to close the public hearing. It was moved by Com. Adams, seconded by Com. Koenitzer and passed unanimously to recommend the granting of a Negative Declaration for Applications l-U-82 and I-TM-82. It was moved by Com. Adams, seconded by Com. Blaine and passed unanimously to recommend approval of Application l-TM-82 per Con- ditions 1-16; Condition 17, second sentence, amended to read, "If the standard is adopted by the City Council, 90 days after issuance of building permit the applicant shall agree to modify the existing walk to meet the standard as follows:"; Condition 18 as submitted. It was moved by Com. Adams, seconded by Com. Blaine and passed unanimously to recommend approval of Application l-U-82 per Condi- tions 1-17; Condition 18 amended to read the same as Condition 17 on Application l-TM-82; Condition 19 as submitted; findings and subconclusions per staff report. RECESS: 9:10-9:22 p.m. 6. Application 7-U-8l of Lincoln Property Company N.C., Inc.: Use Permit to construct two office buildings equaling a total of 130,000 sq. ft. in a P (Planned Development with Commercial! Office and Residential, maximum 30 dwelling units per gross acre intent) zone and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the north side of Rodrigues Avenue from De Anza Boulevard to a point approximately 400 ft. easterly of Torre Avenue. First Hearing continued. Tentative City Council hearing date - March 15, 1982. Assistant Planning Director Cowan reviewed the application with the Commission. Associate Planner Piasecki informed Commission that this application had been presented to ASAC earlier in the evening. One Committee member liked the proposed office buildings with minor changes; one liked it with more substantial changes; and one felt it did nothing to enhance the area. Mr. Burch Boone, Lincoln Property Co., addressed the Commission and was available for any questions. Mr. Pete Testa, architect, told Commission that the building would be white stucco with reflective glass and rust accent panels. Windows were set back four feet from the plane of the building to provide a shadow pattern. The plaza in front of the buildings would provide a good setback. There would be reciprocal ingress! egress with Northern California Savings & Loan and possible reciprocal parking. MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING It was moved by Com. Koenitzer, seconded by Com. Adams and passed unanimously to close the public hearing. It was moved by Com. Adams, seconded by Com. Blaine and passed unanimously to recommend the granting of a Negative Declaration for Application 7-U-8l. Discussion followed regarding the possibility of making the building a more sandy color rather than white, and objection was expressed re- garding the IIdog house" on top for mechanical devices. It was moved by Com. Adams, seconded by Com. Blaine and passed unan- imously to approve Application 7-U-8l per Condition 1-18 as submitted; Condition 19 amended to provide for reciprocal ingress/egress with all Town Center Area properties; Conditions 20, 21 and 22 as submitted; Condition No. 23 added that the applicant shall strive to obtain an integrated parking facility with Northern California Savings & Loan per Exhibit A, second revision; subject to findings and subconclusions per staff report. 7. Application 2-TM-82 of Abbass Golpour: Tentative Map to subdivide approximately .9 of an acre into eight condominium office units and one parcel to be held in common ownership and Environmental Review: The project was previously assessed, hence, no action is required. The subject property is located on the north side of Stevens Creek Boulevard approximately mid-block between Randy Lane and Blaney Avenue in a P (Planned Development with Commercial and Office intent) zoning district. First Hearing. Tentative City Council hearing date - March 15, 1982. Director of Planning and Development Sisk reviewed the application with the Commission. It was moved by Com. Blaine, seconded by Com. Adams and passed unan- imously to close the public hearing. It was moved by Com. Blaine, seconded by Com. Adams and passed unan- imously to recommend approval of Application 2-TM-82 per Conditions 1-17 as submitted and an additional Condition 18 that the applicant shall record an agreement obligating existing and future property owne to provide reciprocal ingress/egress easements between the property and all properties within the same block; the easement shall be imple- mented at such time in the future as the surrounding parcels redevelop and the City can require the adjoining property owners to agree to re- ciprocal easements; this agreement shall be subject to the approval of the City Attorney; per findings and subconclusions of the staff report. PC-377 Page 5 Public hearing closed Negative Dec. for 7-U-81 7-U-8l recom- mended for ap- proval Public hearing closed 2-TM-82 recom- mended for approval PC=-377 6 Public hearing closed Approval of 3-TM-82 recom- mended Public hearing closed 4-TM-82 recom- mended for approval MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING 8. Application 3-TM-82 of D.C.E., Inc. (Richard Childress): Tenta- tive Map to consolidate six parcels consisting of approximately .4 of an acre into one parcel and Environmental Review: The project was previously assessed, hence, no action is required. The subject property is located on the southeast corner of Stevens Creek Boulevard and Pasadena Avenue in a P (Planned Development with Commercial, Incidental Industrial, and/or Residential intent) zoning district. First Hearing. Tentative City Council hearing date - March 15, 1982. The application was reviewed with Commission. Ann Anger, 10185 Empire Avenue, asked if there would be trees between the curb and the sidewalk. (Ms. Anger was informed that the trees would be behind the sidewalk). It was moved by Com. Adams, seconded by Com. Blaine and passed unanimously to close the public hearing. It was moved by Com. Adams, seconded by Com. Blaine and passed unanimously to recommend approval of Application 3-TM-82 per Con- ditions 1-15 as submitted; added Condition 16 requiring a reciprocal ingress/egress easement between the subject property and all properties within the same block; and a condition that the applicant may enlarge the sidewalk for unobstructed walking; per findings and subconclusions per staff report. 9. Application 4-TM-82 of CATV Facility Company: Tentative Map to consolidate four parcels consisting of approximately .3 of an acre into one parcel and Environmental Review: The project was previously assessed, hence, no action is required. The subject property is located east of Imperial Avenue approximately 125 ft. south of Stevens Creek Boulevard in a P (Planned Develop- ment with Commercial, lncidential Industrial and/or Residential intent) zoning district. First Hearing. Tentative City Council hearing date - March 15, 1982. Director of Planning and Development Sisk reviewed the proposed application and recommended that if it were approved the same two conditions added to the last application be added to this one. Mr. Robert DeMann, architect, answered questions from the Commission. It was moved by Com. Adams, seconded by Com. Koenitzer and passed unanimously to close the public hearing. It was moved by Com. Adams, seconded by Com. Koenitzer and passed unanimously to recommend approval of Application 4-TM-82 per Con- ditions 1-17 as submitted (this includes the additional two conditions per the Director's recommendation); findings and sub conclusions per staff report. MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING 10. Application 2-U-82 of Earl Butler: Use Permit to legalize an existing garage conversion (approximately half the garage was converted into a bedroom and bathroom). Environmental Review: The project is categorically exempt, hence, no action is require The subject property is located at 10156 Peninsula Boulevard on the east side of Peninsula Boulevard approximately 320 ft. north of Grand Avenue in a P (Planned Development with Residen- tail intent) zoning district. First Hearing. Tentative City ouncil hearing date - March 15, 1982. Associate Planner Piasecki reviewed the application with the Commissi and stated that the Building Department would require some modifica- tions of the existing structure should the application be approved. Mr. Butler, applicant, stated that he would rectify any violations of the Building Code. Ann Anger, 10185 Empire Avenue, expressed a concern regarding any precendent-setting decision. She stated that parking in Manta Vista was a problem and she was working very hard to upgrade Manta Vista. Mrs. Butler informed the Commission that they were trying to remodel and that they did not wish to downgrade Monta Vista. She stated that no one else on her particular street has this problem. Mr. Alf Modine, 10385 Prune Tree Lane, pointed out a misspelling of "Peninsula Avenue". Dick Childress, Regnart Road, expressed his oplnlon that approval of this application would be setting precedent for a man trying to do the right thing. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to close the public hearing. Discussion followed regarding the ordinance governing conversions and whether or not this had been a legal conversion when the property was in the County. They felt it important that the conversion be brought up to Code so it was safe to live in. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to recommend approval of Application 2-U-82 per Conditions 1-14; Condition 15; Condition 16 amended to delete the portion of 16(a) in parentheses (10 ft. x 20 ft. internal clear space); Condition 17 and 18 as submitted; with findings and subconclusions as per staff report. The applicant was informed that if he wished to appeal Condition No. 17 he should submit a letter to the City within five days. PC-377 Page 7 Public hearing closed Approval recom mended for 2-U-82 177 l~o¿ 8 2l-U-80 con- tinued Garage conver- sion ordinance MINUTES OF THE MARCH 8, 1982 PLANNING COMMISSION MEETING 11. Application 21-U-80 of Far West Savings and Loan Association: Amendment of Previously Approved Use Permit to delete the re- quirement that construction of the residential portion of the project begin prior to occupancy of the commercial building. Environmental Review: The project was previously assessed, hence, no action is required. Said property is located at the southwest corner of Stevens Creek Boulevard and Finch Avenue. First Hearing. Tentative City Council hearing date - March 15, 1982. Director of Planning and Development Sisk reviewed the application with the Planning Commission. Mr. Ed Gordon, Regional Northern California Vice President for Far West Savings & Loan, stated that the weeds in the area were gone but the cyclone fence was still up. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to continue this application to the meeting of March 22 at which time the applicant would bring in a solution to the problem of visible residential foundations. A suggestion offered was perhaps covering these foundations with dirt and grass. UNFINISHED BUSINESS The Commission requested that after items go to Council and they come back later to the Commission that the Commission receive as backup what was approved by Council. NEW BUSINESS Commission inquired regarding a garage conversion ordinance. It was stated that it could be discussed with the General Plan Housing Element and would be set for a hearing. Com. Koenitzer inquired regarding the fence and paving by Phar Lap Drive. Com. Blaine stated that the "pink palace" was still being written on. REPORT OF PLANNING COMMISSION Chairperson Claudy inquired regarding the structures on Foothill and Stevens Creek Boulevards. Director of Planning and Development Sisk said that would be before Council March 15.