PC 10-10-83
CITi"OF CUPERTINO, STATE OF CI\LIFOR,J!!\
10300 TORRE AVENUE, CUPERTINO, CA 95014
TELEPHOnE: (408) 252-4505
Page 1
PC-426
:MTNOTES OF 1'HE REGUL,\R dEE'I'HJG OF THE PLANNING COLlISSIOrJ
"""" HELD ON OCTOBER 10, 1983 IN THE COmJCIL CHl\l'mER
CITY HALL, CUPERTINO, CALIPORNIA
Chai~person Adams called the meeting to order at 7:30 p.m. in
the .G:oùnc-il Chamber, City Hall.
SALU:FIFTO THE FLAG
ROLJ:;.CALL
Commissioners· Present: Koenitzer, Claudy, Szabo,
Chairperson Adams
Commissioners Absent: Blaine
Staff Present:
Dir. of Planning & Development Sisk
Assistant Planning Director Cowan
Associate Planner Piasecki
Traffic Engineer Grigg
Deputy City Clerk Villarante
City Attorney Kilian
APPROVAL OF MINUTES
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed unanimously to approve the minutes of September 12, 1983
as amended.
It was moved by Com. Claudy, seconded by Com. Koenitzer anò
passed unanimously to approve the minutes of September 14, 1983
as amended.
PUBLIC HCARINGS
1. Application 14-U-83 of .JOS': LOPEZ/DA'J DIANDA: USE PERev,IT to
construct two detached sing le-fami ly houses and
ENVIROìMENTAL REVILl,: The project is categorically exempt,
hence, no action is required. The subject property is
located on the east side of peninsula Boulevard
approximately 250 ft. south of University Way in a P
(Planned Development with residential intent) zoning
district. First Hearing continued. Tentative City Council
hearing date - October 17, 1983.
Assocciate Planner piasecki presented a staff report to the
Commission.
Robert Aviles, 20395 Pacifica Dr. #107, commented to the
Commission that he had taken the input received from staff and
made changes in the proposed project.
PC-426
~'Ie 2
There being no discussion, it was moved by Com. Claudy, seconded
by Com. Koenitzer and passed unanimously to close public
hearing.
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed with a 4-0 vote to recommend approval of Application
14-U-83 JOSE LOPEZ/DAN DIAND~ with conditions 1-18 and findings
and subconclusions as per staff report.
2. Application 16-Tt1-83 of DZIDRA SILVF:R: TLUTA'l'IVE PARCZL ¡jAP
to subdivide a .46 acre parcel into two individual lots and
E1IVIRONì':Et;TAL RF:VIEI'Ì: The project<is categorically exempt,
hence, no action is required. The subject property is
located on the north side of Dolores Avenue approximately
200 ft. west of Orange Avenue and is zoned Rl-7.5
(Residential Single-family, 7,500 sq. ft. minimum lot size)
First Hearing.
Assistant Planning Director Cowan presented a staff report to
the Commission stating that condition 17 should be amended.
11rs. Silver, owner, stated to the Commission that she did not
object to any of the changes required by staff.
There being no discussion, it was moved by Com. Claudy, seconded
by Com. Koenitzer and passed unanimously to close public
hearing.
It was moved by Com. Koenitzer, seconded by Com. Claudy and
passed with a 4-0 vote to approve Application 16-TM-83 DZIDRA
SILVER, conditions 1-16 and 17 amended with findings and
subconclusions as per staff recommendation.
3. Applications 9-Z-83 and 30-U-83 of JIi1ì1Y fOX (JEROì1E & HELEN
HESS): REZONING approximately 7.0 acres, containing an
existing 123 unit apartment complex, from R3 (~¡ultiple
Family Residential) zone to P (Planned Development with
Multiple Family Residential intent) zone or whatever zone
may be deemed appropriate by the Planning Commission; USE
PERMIT to add six (6) new apartment units and related site
improvements and ENVI RONt1ENTAL REV I EW: The Env i ronmenta 1
Review Committee recommends the granting of a Negative
Declaration. The subject site is located on the southeast
corner of Miller Avenue and Calabazas Creek approximately
1/4 mile south of Stevens Creek Boulevard (at 10200 Miller
Avenue). First Hearing. 1'entative City Council hearing
date - October 31, 1983.
ssociate Planner Piasecki
ommission commenting on the
ddition of a condition 20.
presented a staff report to the
tot lot relocation at the site and
MI~UTES OF THE OCTOBER 10, 1983 PLANNING COMMISSION
pc-426
Page 3
City Attorney Kilian arrived at 7:50 p.m.
Jim Fox, 245 Glenridge, Los Gatos, stated to the Commission that
he was impressed with the staff presentation and that the owner
felt he could work with the conditions. He went on to comment
on the four apartment units requiring construction and stated
that the new first floor units would be raised above the flood
plane.
Discussion ensued between ~r. Fox and Commission regarding flood
construction and parking.
Mike Oprey, 10200 Miller, manager, discussed the issues of
parking assignments and flood damage to the units.
John Walker, 19375 Greenwood Circle,
regarding the size of the addition and
include children in the units.
questioned Commission
whether they would
Nancy Burnett, 729 Stendhal Lane, stated her concerns to the
Commission regarding emergency access for the new area.
It was moved by Com. Koenitzer seconded by Com. Claudy and
passed unanimously to close public hearing.
Com. Szabo suggested that staff qualify a 100 year flood event
by a description from either the Corp of Engineers or the Water
District.
Chairperson Adams questioned the City's liability regarding
condition 20.
City Attorney Kilian stated that staff should use a more
objective description in the condition.
Discussion ensued between Commission and staff regarding the
wording of the conditions.
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed unanimously to recommend the granting of a Negative
Declaration.
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed with a 4-0 vote to recommend approval of Application
9-Z-83 with conditions 1-14, 15, and 16 amended and findings and
subconclusions as per staff report.
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed with a 4-0 vote to recommend approval of Application
30-U-83 with conditions 1-14, 15-18 as per staff, 19 amended, 20
added as per staff recommendation and findings and
subconclusions as per staff report.
PC-426
P~!¡e 4
MINUTES OF THE OCTOBER 10, 1983 PLANNING COMMISSION
4. Application 31-U-83 of WAHIB COSTANDI: USE PERMIT to allow
individual tenant uses including offices, food service and
personal services, within a planned commercial center and
ENVIRONMENTAL REVIEW: The project was previously assessed,
hence, no action is required. The subject property is zoned
P (Planned Development with recreation, entertainment and
limited commercial intent) and is located at the southeast
quadrant of Homestead Road and Stelling Road. First
Hearing. Tentative City Council hearing - October 17, 1983.
Assistant Planning Director Cowan presented a staff report to
the Commission commenting on use and parking at the site.
Commission discussion ensued regarding uses of a recreational
center.
Wahib Constandi, 22999 Voss, presented a parking schematic to
the Commission stating that he did not feel there would be a
parking problem. He went on to discuss use of the site as per
City Council resolutions 1695 and 1719.
Phil
if a
pick
Delia, 10500 Oakvale Avenue, stated to the Commission that
dry cleaning use was approved the site would only have a
up and delivery service.
Discussion ensued between staff and Commission regarding
relationship of a hair dresser and dry cleaning establishment to
the recreational center.
Mr. Constandi, stated to the Commission that if needed he could
withdraw his request for general office if he could just have
the dry cleaning establishment.
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed unanimously to close public hearing.
Commission discussion ensued with comments regarding qualifying
condition 16 and taking out the hair salon.
It was moved by Com. Claudy, seconded
passed with a 4-0 vote to recommend
3l-U-83 with standard conditions 1-14,
and findings and subconclusions as per
by Com. '<oenitzer and
approval of Application
15, 16 amended, 17, 18,
staff recommendations.
5. Application 17-T,''1-83 of 'lICHAEL A. TANTROPHOL: TENTATIVE
MAP to amend conditions of subdivision map approval for
Tract no. 5990 to permit reconfiguration of access for lot
14 of said subdivision and ENVIRONMENTAL REVIEW: the
Environmental Review Committee recommends the granting of a
Negative Declaration. The subject property is located on
the south side of Rainbow Drive approximately 500 ft.
westerly of Bubb Road. First Hearing. Tentative City
Council hearing date - October 17, 1983.
MINUTES OF THE OCTOBER 10, 1983 PLANNING COMMISSION
PC-426
Page 5
Assistant Planning Director Cowan presented a staff report to
the Commission commenting that access to the site is disruptive.
Michael 1'antrophol, 2565 Estella Dr., Santa Clara, commended
staff on their report and explained to Commission that he has
consulted with his architect and soil engineers to verify that
the site is stable. He went on to describe the necessary cuts
that would be made for stabilization and that access would be
from above the site.
Commission discussion ensued regarding stability of the soil in
the site.
Mrs. Rose, 1501 Rainbow arive, stated to Commission that she did
not want Rainbow Drive disturbed.
Ellen Delucchi, 21640 Rainbow Ct., stated to
she would like to see the home built as far
as possible and that she felt the plans were
problem with them esthetically.
the Commission that
up on the property
fine and had no
Com. Koenitzer stated that he would like to review the
geological report in order to make a decision on the driveway
location.
Mr. Tantraphol, explained to the
recommendations.
Commission the geologist
Discussion ensued between staff, Commission and :1r\ Tantraphol
regarding the application.
ChairpersonZ\.dams questioned '!r. Tantrophol as to whether or not
he would like a decision or a continuance.
Mr. Tantraphol, requested continuace of his application.
Assistant Planning Director Cowan stated to Commission that it
would be at least one month before they could get a geological
report and that they would need more grading detail.
It was moved by Com. Claudy, seconded by Com. Koenitzer and
passed unanimously to continue Application l7-TM-83 MICHAEL A.
TANTROPHOL to the meeting of November 14, 1983.
RECESS: 10:05 p.m. to 10:15 p.m.
6. Application l-EXC-83 of VALLCO PARK, LTD.: EXCEPTION to the
off-Street Parking Ordinance, Section 6.3 b of Ordinance 002
(q-l) to allow parking stalls which are smaller than
required by ordinance at the Vallco Village Shopping
Center. ENVIRONr1ENTAL REVIEW: The project is categorically
exempt, hence, no action is required. The subject property
is located at the southwest quadrant of Homestead Road and
Wolfe Road in a P (Planned Development with commercial use
intent) zoning district. First hearing. Tentative City
Council hearing date - October 17, 1983.
PC-426 l'1INUTES OF THE OCTOBER 10, 1983 PLANNING COMt:ISSION
PA¡¡e 6
Associate Planner Piasecki presented a staff report to the
Commission.
Walter Ward, General Manager,
Commi ss ion tha t they do feel
Greenspan is appropriate for
application approved.
Vallco Park, stated to the
that the recommendation by Mr.
the site and would like the
Com. Koenitzer stated that he saw no extraordinary circumstances
to allow the change in parking.
Jack Greenspan, 150 C Paul rlarino -'''venue, Costa !·lesa, commended
staff on their presentation and stated to the Commission that he
concurred with the staff recommendation to re-evaluate the
parking ordinance. He went on to give an explanation of the
proposed parking plan.
Walter Ward, commented to the Commission on what he felt were
special circumstances to allow approval.
Discussion ensued between staff and Commission regarding changes
in the parking ordinance.
Walter Ward, stated to the Commission that he would like the
parking lot done as soon as possible.
It was moved by Com. Koenitzer, seconded by Com. Claudy and
passed unanimously to close public hearing.
Com. Koenitzer reiterated his statement regarding no special
circumstances to approve request.
Commissioners Szabo, Claudy, and Chairperson Adams concurred
with the staff recommendation.
It was moved by Com. Claudy, seconded by Com. Szabo and passed
with a 3-1 vote with Com. Koenitzer dissenting to recommend
approval of Application l-EXC-83 as proposed by Vallco Village
as it is reasonable and that it is anticipated that the Parking
Ordinance for the City of Cupertino will be modified in the near
term to reflect a reduced standard stall size width of 9 ft. and
length of 18 ft. and therefore will be in conformance with the
changes likely to be adopted and that delaying Vallco Village
from implementing the revisions will be detrimental to their
business during the up-coming shopping period.
7. Application l8-TM-83 of CREEGAN & D'ANGELO (PINN BROTHERS) :
TENTATIVE SUBDIVISION rlAP to subdivide 2.8 gross acres into
48 lots for construction of a 46-unit residential
condominium project and related common areas. ENVIRotmENTAL
REVI EW: The proj ect was prev iously assessed, hence, no
action is required. The subject property is zoned P
(Planned Development with commercial, office or residential
intent) and is located at the northeast quadrant of
Rodrigues Avenue and Torre Avenue. First Hearing.
Tentative City Council hearing date - October 17, 1983.
MINUTES OF THE OCTOBER 10, 1983 PLANNING COMMISSION
Assistant Planning Director Cowan presented a staff report to
the Commission.
PC-426
Page 7
Roger Higdon,
size to the
compliance to
11248 Catalina Ct., gave an explanation of the lot
Commission and stated that he had no problem with
the conditions.
There being no further discusson,
seconded by Com. Koenitzer and
public hearing.
it was moved by Com. Claudy,
passed unanimously to close
It was moved by Com. Koenitzer, seconded by Com. Claudy and
passed with a 4-0 vote to recommend approval of Application
18-TM-83 CREEGAN & D'ANGELO (PINN BROTHERS) with standard
conditions 1-14, 15-19, 20 amended with findings and
subconclusions as per staff recommendations.
8. Application 32-U-83 of VIRGIL E. ELLSWORTH: USE PERMIT to
construct a single-family home on an existing parcel and
ENVIRONMENTAL REVIEW: The project is categorically exempt,
hence, no action is required. the subject property is
located on the southwest side of Santa Clara Avenue
approximately 50 ft. south of Grand Avenue and is zoned P
(Planned Development with residential intent). First
Hearing. Tentative City Council hearing date October 17,
1983.
Associate Planner Piasecki presented a staff report to the
Commission and explained ASAC recommendations.
Jess Perez, 21590 Grant Avenue, questioned Commission as to the
reasoning for the 3 ft. easement from the boundary line.
Ray Perez, 181 Santa Clara Avenue, stated to the Commission that
he felt allowing a 3 ft. easement was unjust and that he would
not like the walnut tree on the lot cut down.
Ricardo Perez, 181 Santa Clara Avenue, concurred with Ray
Perez's statement to the Commission.
Ray Perez, reiterated his remarks
that he felt the 3 ft. easement was
of fire.
to the Commission and stated
too close for safety in case
Jim Hemphill, 10025 ¡¡ann, presented pictures of a similarly
planned home to the Commission.
Com. ~oenitzer stated that he would like to see the plan
revised.
Terry Brown, developer, gave an explanation of the plan to the
Commission and stated that they may be able to save the tree.
"
I'c-42 ....IIJù'I'CS OF THE OC'l'OIWR 10, 1983 l'LA!JtJIIIG CO:H\ISSIOtJ
Pa ......
11r. l;llsworth, owner, stated to the Commission that he intended
to live in the house upon his retirement and that he liked the
proposed plan.
~ay Perez, stated to the Commission that he felt the problem was
with the lack of space between the homes.
It was moved by Com. Koenitzer, seconded by Com. C1audy and
passed unanimously to close the pUblic hearing.
Commission discussion ensued regarding the 25 ft. lots left In
the Monta Vista area.
I t was moved by Com. Claudy, seconded by Com. Koeni t zer and
passed with a 4-0 vote to recommed approval of Application
32-U-83 with conditions 1-11, 15, 16, 17 and findings and
subconclusions as per staff recommendations.
UtJFItIISIH::D BUSINESS
None
NI;¡v BUSHIESS
None
REPORT OF THE PLAt,NItJG COì¡¡aSSIOtJ
None
R~PORT OF THE PLANNING DIRECTOR
None
The meeting was adjourned at 11:20 p.m.
APPROVED:
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City Clerk
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