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PC 12-13-82 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 PC-404 Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON DECEMBER 13, 1982 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Chairperson Adams called the meeting to order at 7:30 p.m. in the Council Chambe4 City Hall. SALUTE TO THE FLAG ROLL CALL Commissioners present: Binneweg (8:20 p.m.), Blaine, Koenitzer, Chair- person Adams Commissioners absent: Claudy Staff Present: Assistant Planning Director Cowan Associate Planner Piasecki City Clerk Cornelius Assistant City Engineer Whitten APPROVAL OF MINUTES: It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to consider approval of the minutes at the end of the agenda. POSTPONEMENTS OR NEW AGENDA ITEMS: It was moved by Com. Blaine, sec- onded by Com. Koenitzer and passed unanimously by those present to continue Application l2-U-82 to January 10, 1983. l2-U-82 continued WRITTEN COMMUNICATIONS Written communications received pertained to agenda items. ORAL COMMUNICATIONS - None PUBLIC HEARINGS 1. Application 12-U-82 of William Kelley: Use Permit to construct a six-story office building equaling approximately 52,000 sq. ft. in P (Planned Development with commercial/office intent) zone and Environmental Review: The Environmental Review Committee recom- mends the granting of a Negative Declaration. The subject property is located on the west side of North De Anza Boulevard approxi- mately 250 ft. north of Stevens Creek Boulevard. First Hearing continued. Continued to Planning Commission meeting of January 10, 1983 per applicant's request. 2. Application l3-U-82 of Saleem Shaikh: Use Permit to construct a single-family residence in a Planned Development zoning district and Environmental Review: The project was previously assessed, PC--404 I 2 Public hearing closed 13-U-82 recom- mended for approval Public hearing closed N( :ive Dec. reL.\JIIlII1ended for 14-U-82 MINUTES OF THE DECEMBER _13, 1982 PLANNING COMMISSION MEETING 2. (cont inued) hence, no action is required. The subject property is located at the northern terminus of the paved segment of Riviera Road approximately 100 ft. north of the intersection of Riviera Road and Scenic Boulevard. First Hearing. Tentative City Council hearing date - December 20, 1983. Associate Planner Piasecki presented a transparency to the Commission and stated that there had been a problem regarding the inability of engineers to mitigate the possibility of erosion. Mr. Saleem Shaikh, the applicant, 1740 Ridgetree Lane, San Jose, stated that he had a problem with the staff's concern regarding the erosion of the creek bed. He had hired an engineer who said that the bank was safe and the bank was also well planted. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to close the public hearing. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously by those present to recommend Application l3-U-82 for approval with Conditions 1-16 as per Planning Commission Resolution No. 2356; Condition No. 17 to add a statement that the applicant shall implement measures to stabilize the bank to the satisfaction of the City staff; Conditions 18-23 per Planning Commission Resolution No. 2356, findings and subconclusions per staff report. 3. Application 14-U-82 of Hewlett-Packard: Use Permit to construct three light industrial buildings and several accessory buildings (cafeteria, recreation building, storage, etc.) equaling a total of approximately 700,000 sq. ft. and Environmental Review: The Environmental Review Connnittee reconnnends the granting of a Nega.- tive Declaration. The subject property is the site of the existing Hewlett-Packard industrial facility consisting of approxi- mately 100 acres bordered by Homestead Road, Wolfe Road, Pruneridge Avenue and Tantau Avenue in a MP (Planned Industrial Park) zoning district. First Hearing. Tentative City Council hearing date - December 20, 1982. Acting Director of Planning and Development Cowan reviewed the application with the Commission and stated that the Planning staff was recommending a slight modification of the use permit. Mr. Jack Rominger, 4800 El Camino, Los Altos, architect representing Hewlett-Packard, was available to answer any questions. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously by those present to close the public hearing. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to recommend the granting of a Negative Declaration. MINUTES OF THE DECEMBER 13, 1982 PLANNING COMMISSION MEETING It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to recommend Application 14-U-82 for approval per Conditions 1-15 as submitted, 16 as revised to allow more flexibility; 17 and 18 as submitted, with findings and subconclusions per staff report. 4. Application 15-U-82 of Ali Yazdanmanesh: Use Permit to construct a 14,400 sq. ft. office building 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, 400 ft. west of Blaney Avenue (between Randy Lane and Blaney Avenue) in a P (Planned Development with commercial and office use intent) zoning district. First Hearing. Tentative City Council hearing date - December 20, 1982. Acting Director of Planning and Development Cowan reviewed the applica- tion with the Commission. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to close the public hearing. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously by those present to recommend Application 15-U-82 for approval per Planning Commission Resolution No. 2358, Conditions 1-17 as submitted, with findings and subconclusions per staff report. 5. Application 15-Z-82 of City of Cupertino (Laurelhurst Subdivision)" Rezoning approximately 30 acres from Rl-6 (Residential Single- family, 6,000 sq. ft. minimum lot size) zone to Rl-6i (Residential Single-family, 6,000 sq. ft. minimum lot size zone, single-story maximum height) or whatever zone may be deemed appropriate by the Planning Commission and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The rezoning proposes to add the "i" designation which will impose a building height restriction of one-story not to exceed 15 ft. upon all new construction within the zoning boundary. The subject property consists of the Laurelhurst Subdivision, Tract Numbers 1939, 2320, 2483 and 2539 which are located on the following streets: Heatherwood Drive; Colony Hills Lane; Fallenlea£ Lane; Tiptoe Lane and Westlyn Way. The Laurelhurst Subdivision is generally bordered as follows: Beginning approximately 350 ft. west of Saratoga-Sunnyvale Road at the intersection with Fallenleaf Lane; 200 ft. northeast of the unimproved Highway 85 right of way; 600 ft. east of Stelling Road and 1,000 ft. south of Bollinger Road (adjacent to and southerly of Jollyman School). First Hearing. Tentative City Council hearing date - January 3, 1983. Associate Planner Piasecki reviewed the history of this application the Commission. (City Clerk's Note: Com. Binneweg arrived at 8:20 p.m.) PC-404 Page 3 14-U-82 recommended for approval Public hear ing closed 15-U-82 recom- mended for approval i I , I I I wit~ PC-J·r¡4 Pc 4 MINUTES OF THE DECMEBER 13, 1982 PLANNING COMMISSION MINUTES Mr. John Buckel, 7558 Heatherwood Drive, requested approval of the staff recommendation with a change in the Rl ordinance that would say 16 ft. rather than 15 ft. limitation for buildings falling under the one story height limit. Discussion followed regarding whether or not the City should become involved in CC&R's. A gentleman administering a trust for his daughter at 1044 Westlyn Way stated that at the time of purchase of that property he was not aware of CC&R's. They were not in his deed and the realtor did not inform him regarding them. He stated that if he lived in that house he would not want the restriction to one story. Mr. Alex Gernert, 1052 Westlyn Way, stated that on his deed recordation the CC&R's were clearly stated. Laurelhurst is divided into four parts, and each part has a different renewal date on their CC&R's. He stated that the residents of Laurelhurst want a one story height limit. Daniel Dugan, 7484 Tiptoe Lane, stated that all residents of Laurelhurst are members of the homeowners association but within this group there is a swim club and members of that club are the most active members of the homeowners association. He stated that disseminating information on by- laws of the homeowners association gets confusing because the information goes to the residents and not absentee homeowners. Ray Lord, 7414 Tiptoe Lane, requested that the Commission approve the "i" overlay zoning. Public hearing It was moved by Com. Blaine, seconded by Com. Koenitzer and passed closed unanimously by those present to close the public hearing. Negative Dec. recommended 15-2-82 recommended for approal Hearing for revision of Rl ordinance Consideration of November 8 If \tes c.. ....inued It was moved by Com. Koenitzer, seconded by Com. Binneweg and passed unanimously by those present to recommend the granting of a Negative Declaration for Application 15-2-82. It was moved by Com. Koenitzer, seconded by Com. Binneweg and passed with Com. Blaine dissenting to approve Application 15-2-28 per the findings in the staff memo dated December 9, 1982. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously by those present to schedule a public hearing for revision of the Rl ordinance to consider changing the 15 ft. limitation and other revisions as deemed necessary by staff. APPROVAL OF MINUTES Minutes of Regular Meeting of November 8, 1982 - It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to continue consideration of the November 8 minutes to the next meeting. HlNUTES OF THE DEW!ßER 13, 1982 PLAIINING COHMISSlON HEETlNG Ì'linutes of RegulaL"" Meeting of November 22, 1982 - It was moved by Com. Blaine, seconded by Com. Binneweg and passed with Com. Koenitzer abstaining to approve the November 22, 1982 minutes as submitted. UNFINISHED BUSINESS - None NEW BUSINESS - None REPORT OF PLANNING COMMISSION - None REPORT OF PLANNING DIRECTOR - Discussion of Cancellation of December 27, 1982 meeting. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously by those present to cancel the meeting scheduled for Decem ber 27, 1982. The meeting was adjourned at 9:20 p.m. APPROVED: ATTEST: ~?!!-~ City Clerk PC-404 Page 5 November 22 minutes approved December 27 meeting cancelled