PC 01-12-83
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR ADJOURNED MEETING OF THE PLANNING COMMISSION
HELD ON JANUARY 12, 1983 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
Chairperson Adams called the meeting to order at 7:30 p.m. in Council
Chamber.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Binneweg, Blaine, Koenitzer, Chairperson Adams
Commissioners absent: Claudy
Staff present:
Director of Planning and Development Sisk
City Clerk Cornelius
Assistant City Engineer Whitten
PUBLIC HEARINGS
5. Application l3-TM-82 of D.C.E., Inc. (Richard Childress): Tenta-
tive Parcel Map to consolidate three parcels consisting of approxi-
mately 1.1 acres into two parcels consisting of approximately
18,500 sq. ft. and 24,300 sq. ft. and Environmental Review: The
project is categorically exempt, hence, no action is required.
The subject property is located on the east side of Bubb Road ap-
proximately 200 ft. north of Folkstone Drive (opposite Regnart
Road and adjacent to Regnart Creek) in a Rl-7.5 (Residential
Single-family, 7,500 sq. ft. minimum lot size) zoning district.
First Hearing.
Director of Planning and Development Sisk reviewed the application
with the Commission.
Dick Childress, applicant, reviewed the history of the creek area with
the Commission and stated that plans had been made for safety and to
discourage erosion in the area.
It was moved by Com. Koenitzer, seconded by Com. Blaine and passed
unanimously to close the public haring.
It was moved by Com. Blaine, seconded by Com. Binneweg and passed
unanimously to reopen the public hearing.
Gordon DiCarlo, 11640 Regnart Canyon Drive (an associate of Mr.
Childress), reviewed with the Commission the slope in the area.
It was moved by Com. Koenitzer, seconded by Com. Blaine and passed
unanimously to close the public hearing.
PC-405
Page 1
Public hearing
closed
Public hearing
reopened
Public hearing
closed
PC· ~')5
Palo 2
13-TM-82 rec-
ommended for
approval
Public hearing
closed
5-V-82 recom-
mended for
denial
MINUTES OF THE JANUARY 12, 1983 PLANNING COl1MISSION MEETING
It was moved by Com. Koenitzer, seconded by Com. Blaine and passed
unanimously to recommend approval of Application l3-TM-82, Standard
Conditions 1-14, Condition 15 modified to show Exhibit "B", Condition
16 to read, IIconcerning dedication of easement and improvements to
Regnart Creek. 11, findings and subconclusions per discussion.
6. Application 5-V-82 of Ranee R. Carlson and Jeraldine Mazzurco:
Variance from Section 8.4 of the Rl (Residential Single-family)
Zoning Ordinance to permit a 10 ft. rear yard setback for an addition
to a single-family home where the remaining usable rear yard area
will be less than required by Ordinance and Environmental Review:
The project is categorically exempt, hence, no action is required.
The subject property is located on the west side of Betlin Avenue
between John Drive and Clifford Drive at 849 Betlin Avenue in a
Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size)
zoning district. First Hearing. Tentative City Council hearing
date - January 17, 1983.
Director of Planning and Development Sisk reviewed the requested
variance site with the Commission.
Ranee Carlson, 849 Betlin Avenue, stated that there was a difference
in the size of her yard compared to neighbors' yards and this difference
in size made it necessary to obtain a variance to add the desired screen
room to the building.
It was moved by Com. Blaine, seconded by Com. Koenitzer and passed
unanimously to close the public hearing.
It was moved by Com. Blaine, seconded by Com. Binneweg and passed
unanimously to recommend denial per staff report, finding that there
were no extraordinary circumstances, there are other opportunities
for adding on to the building, the applicant did not demonstrate that
the variance was necessary for use of property rights.
7. Application 33-U-79 of Gregg Bunker (Photo Drive-Up): A public
hearing initiated by the City of Cupertino to consider the revocation
of Use Permit 33-U-79 (allowing the operation of a drive-up window)
because of non-compliance with Conditions of Approval. Said property
is located at the northwest corner of Wildflower Way and Saratoga-
Sunnyvale Road in a P (Planned Development with commercial and
residential, 5-15 dwelling units per gross acre, intent) zoning
district. First Hearing.
Director of Planning and Development Sisk requested a status report
from Assistant City Engineer Whitten.
Mr. Whitten requested that there be a 30 day continuance to this hearing.
Mr. Richard Hansen, 220 State Street, Los Altos, lawyer for the applicant,
stated that he had been told that it was not necessary for the appli-
cant to do anything regarding a permit from the State and this apparently
MINUTES OF THE JANUARY 12, 1983 PLANNING COMMISSION MEETING
was a miscommunication. He requested that the matter be continued
to the meeting of February 28, 1983. The Commission requested that
if the hearing were continued, they would like a schedule of planned
work and when it would be accomplished submitted by the applicant at
that meeting. They also requested a list of completed work.
It was moved by Com. Koenitzer, seconded by Com. Binneweg and passed
unanimously to continue Application 33-U-79 to the regular meeting of
¥ebruary 28, 1983.
At 8:35 p.m., the meeting was adjourned.
APPROVED:
'"
ATTEST:
"'~~~
pc_40S
Page 3
33-U-79
continued