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PC 09-12-83 CITï Of CUPERTINO, STATE OF CALlfORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 v MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 12, 1983 IN THE COUNCIL CHAMBER, CITY HALL, CUPERTINO, CALIFORNIA Chairperson Adams called the meeting to order in the Council Chamber at 7:31 p.m. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Blaine, Claudy, Koenitzer, Szabo, Chairperson Adams Staff Present: Director of Planning and Development sisk City Clerk Cornelius Assistant Planning Director Cowan Assistant City Engineer Whitten Associate Planner piasecki (7:42 p.m.) City Attorney Kilian (7:38 p.m.) APPROVAL OF 111NU1'ES: ~1inutes of August 8, 1983 Regular Meeting of It was moved by Com. Blaine, seconded by Com. passed unanimously to approve the August 8, with the following amendments: Claudy and 1983 minutes Page 3, paragraph 1, "Stability of proposed completion of " sentence starting Page 4, paragraph 2, should state that expressed concerns with the interior layout and supported the zero lot line design. Koenitzer the project Com. of Page 3, paragraph 11, the word "applications" shall be changed to "recommendations." Minutes of Regular Adjourned Meeting of August 10, 1983 The mi nutes correct order reopening of eliminated. of August 10, 1983 were returned to staff for of items, and page 3, paragraph 5, regarding the public hearing is to be verified or PC-424 Page 1 Aug. 8 min- utes approved Aug. 10 min- utes returned to staff PC-424 Page 2 Aug. 22 minutes approved 7-Z-83 and 8-Z- 83 with- drawn MINUTES OF THE SEPTEMBER 12, 1983 PLANNING COMMISSION MEETING Minutes of Regular Meeting of August 22, 1983. It was moved by Corn. Blaine, seconded by Corn. Koenitzer and passed unanimously to approve the August 22, 1983 minutes with page 5 amended to eliminate Corn. Koenitzer's name in reference to signs. POSTPONEMENTS OR NEW AGENDA ITEMS: Rezoning applications of Agenda Items #3 and #4 (Applications 7-Z-83 and 8-Z-83) withdrawn per request of the applicants. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS - None. PUBLIC HEARINGS: 1. Application l7-U-83 of Town Center Properties (Jason Chartier): Use Permit to construct 248 attached residential condominium units and a two story 45,000 sq. ft. office building and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located between Stevens Creek Boulevard and Rodrigues Avenue east of the future extension of Torre Avenue in a P (Planned Development with commercial, office and residential, 15-30 dwelling units per gross acre intent) zoning district. First Hearing continued. Tentative City Council hearing date September 19, 1983. 2. Application l4-U-83 of Jose Lopez/Dan Dianda: Use Permit to construct two detached single-family houses and Environmental Review: 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. Tentative City Council hearing date - September 19, 1983. At the request of staff, Items 1 and 2 will be discussed later in the agenda. (City Clerk's Note: City Attorney Kilian arrived at 7:38 p.m. ) 3. Applications 7-Z-83, 29-U-83 and 10-TM-83 of Robert Schey: Rezoning approximately 1.35 gross acres from P (Planned Development, 1-5 residential dwelling units per gross acre intent) zoning district to Rl-6 (Residential Single-family 6,000 sq. ft. minimum lot size) zone or whatever zone may be deemed appropriate MINUTES OF THE SEPTEMBER 12, 1983 PLANNING COMMISSION ~EETING by the Planning Commission; Use Permit to allow the division of 1.35 acres into seven parcels to accommodate seven single-family homes; Tentative Subdivision Map to subdivide approximately 1.35 acres into seven parcels ranging in size from 6,050 sq. ft. to 7,400 sq. ft. and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the south side of Bollinger Road approximately 250 ft. west of Kim Street. First Hearing continued. Rezoning portion of application withdrawn per applicant's request. Tentative City Council hearing date - September 19, 1983. Director of Planning and Development Sisk reviewed the application with the Commission. (City Clerk's Note: Associate Planner Piasecki arrived at 7:42 p.m.) Discussion followed regarding the driveways and positions of buildings on the lot of the proposed development. Bob Schey, 10762 Stelling Road, applicant, was available to respond to questions from the Commission. Diane Schey informed the Commission stay within the Rl setback standards the three lots in the cul-de-sac development be a PD. do intend to the width of that this that they and that requires It was moved by Corn. Koenitzer, seconded by Corn. Blaine and passed unanimously to close the public hearing. Discussion followed regarding parking spaces and driveways. It was moved by Corn. Claudy, seconded by Corn. Blaine and passed unanimously to recommend the granting of a Negative Declaration for Applications 29-U-83 and 10-TM-83. It was moved by Corn. Claudy, seconded by Corn. Blaine and passed unanimously to recommend approval of Application 10-TM-83 with findings and subconclusions per staff report and deliberations. It was moved by Corn. Claudy, seconded by Corn. Blaine and passed unanimously to recommend approval of Application 29-U-83 with findings and subconclusions per staff report and discussions, Standard Conditions 1-14, Conditions 15, 16 and 17 as per staff report and the addition of Condition No. 18 requiring a minimum of 5 parking spaces on the street in the cul-de-sac. PC-424 Page 3 Public hear- ing closed Negative Dec. for 10-TN-83 10-TM-83 rec- ommended for approval 29-U-83 rec- ommended for approval PC-424 Page 4 MINUTES OF THE SEPTEMBER 12, 1983 PLANNING COMMISSION MEETING 1. (continued) Assistant planning Director Cowan reviewed the application with the Commission, including the residential units, integration, open space, the driveway to Stevens Creek Boulevard and the major access onto the site, as well as the need for reciprocal access for Biltmore Apartments and the Tandem parking concept. Associate Planner piasecki informed the regarding ASAC recommendations and concerns. Commission The Planning commission discussed reciprocal appearance from Torre and the other items above. access, the as mentioned John Vidovich, applicant, stated that approximately 50% of the site has been dedicated to open space. The buildings are architecturally integrated with the proposed Prometheus development. He stated agreement with ASAC recommendation that this not be adjoined to the apartment complex. He expressed concern regarding the restriction on the tenants of the office building and requested a definition of service oriented and community/local. He inquired if such restriction is legal. Upon being asked by the Commission, the City Attorney responded that he does believe it is a reasonable use of police power. r1r. Ron Eve from The Environmental Alameda, discussed the parking Commission. Center, concept 1961 with The the John vidovich expressed concern regarding Condition No. 19 of the use permit which would require that the excess property owned by the applicant located westerly of Torre Avenue should be transferred to become part of the project approved by Application Il-U-83. He felt this condition may delay the project. Mr. vidovich also stated that he felt the BMR units should not have to pay a share of offsite improvement fees. Mark Kroll, 10080 N. Wolfe, representing Cali/Prometheus, stated that he felt it would be all right to buy the strip of land mentioned in Condition No. 19 but that the City should not get involved in setting the price. He stated that the strip was 2,200 sq. ft. Jim Mart, 10325 Plum Tree Lane, asked if the signal proposed for Torre Avenue and the traffic pattern would cause intrusion into the residential area on Vista. (He was informed that traffic will not be through from Torre across Stevens Creek Boulevard.) Discussion followed amongst the Commissioners regarding staff concerns. A majority of the Commissioner felt that the number of residential units should be increased, that the architectural integration was appropriate, that the MINUTES OF THE SEPTEMBER 12, 1983 PLANNING COMMISSION MEETING offices are to be service oriented, that some of the open space needs to be consolidated, that access from Rodrigues should be "toned down," and that the BMR units should not be cons idered in any fees to be determi ned. Concern was expressed regarding the tandem parking. The plan should consolidate the office and residential use access points to a single driveway on Stevens Creek Boulevard and Torre Avenue. John vidovich stated that the changes recommended by the Commission are radical and requested that the Commission either deny or approve the application and not continue it. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to close the public hearing. It was moved by Com. Claudy, seconded by Com. Blaine and passed unanimously to recommend the granting of a Negative Declaration for Application l7-U-83. Com. Blaine and of Application discussions and It was moved by Com. Claudy, seconded by passed unanimously to recommend denial l7-U-83 as the plan is not adequate as per concerns and recommendations for redesign. RECESS: 9:50-10:05 p.m. Chairperson Adams informed those present that the Commission would continue with Items No.2 and 4 but the balance of the agenda would be heard the following wednesday evening. It was moved by Com. Koenitzer, passed unanimously to continue meeting at 7:30 p.m., Wednesday, seconded by Com. Blaine and Items 5-9 to an adjourned September 14, 1983. 2. (continued) Director of Planning and Development Sisk reviewed the application with the Commission. Design Engineering, available for any He stated that the being zero lot line. Mr. Robert Aviles, American representing the applicants, was questions the Commission might have. owners were opposed to the development Mrs. Carmen Avila, 10211 Santa Clara Avenue, addressed the Commission regarding the rear setback. She stated that there are sidewalks on the block where the homes are planned-to be built. Mr. Avila stated that there are sidewalks, lights and mailboxes all at the houses. PC-424 Page 5 Public hear- ing closed Negative Dec. for l7-U-83 l7-U-83 rec- ommended for denial Items con- tinued ,iIUüTES Oi.:' THL SLP':LEllßER 12, 1983 PLAJ,JIt1G CO>'11 ISSlC~'~ I1E:ET I IJG Commission stated that the zero lot line design was needed on th1S site; however, they did not care for the present design. The proposed development 1S zero lot line, a one car garage with room in the driveway for an additional car, 15 ft. rear setback, 20 ft. front setback and a minimum 5 ft. for side yards (single-story dwelling) . It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to continue consideration of this item to the meeting of September 26, 1983. 4. Applications 8-Z-83 and 25-U-83 of united presbyterian Church of \Jest Valley: Rezon ing appro x ima tely 2.1 gross acres from ßQ (Quasi-Public) zone to P (Planned Development with Quasi-Publ1c intent) zone or whatever zone may be deemed appropriate by the Planning Commission, and Use Permit to add 4,900 sq. ft. to an existing 4,000 sq. ft. parish hall. The addition would be devoted largely to classroom and storage uses. The existing temporary classrooms would be removed. Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the northeast corner of Bollinger Road and Miller Avenue. First Hearing. Rezoning portion of application withdrawn per applicant's request. Assistant Planning Director Cowan reviewed the application with the Commission and presented slides. fIr. Cowan stated that some of the trees shown on the slides would have to be removed. Robert Joyce, architect, was available for any questions the Comm1ssion might have. Discussion followed regarding potential removal of trees as well as the best parking area for buses. It was moved by Com. Blaine, seconded by Com. Claudy and passed unanimously to close the public hearing. Assistant Planning Director Cowan stated that the Commission may wish to modify Condition No. 16 to allow for a deviation in parkin::;. A maximum of four parking spaces could be removed to allow for preservation of a large tree located behind the administration building. The sentence, "Removal of one or two parking stalls is permitted to accomplish this objective" is eliminated from Condition No. 16 of the suggested resolution. It was moved by Com. dlaine, seconded by Com. Koenitzer and passed unanimously to recommend the granting of a Negative Declaration for Application 25-U-83.