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withdrawn per request of the applicants.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.