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PC 06-14-82 CITY OF CUPERTINO, STATE OF CALIFORNIA l0300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JUNE 14, 1982 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA The meeting was called to order at 7:32 p.m. by Chairperson Claudy. SALUTE TO THE FLAG ROLL CALL Commissioners present: Commissioners absent: Binneweg, Blaine, Koenitzer, Chairperson Claudy Adams Staff present: Assistant Planning Director Cowan City Clerk Cornelius Associate Planner Piasecki City Attorney Kilian (7:36 p.m.) APPROVAL OF MINUTES Minutes of Regular Meeting of May 10, 1982 - It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to approve as submit ted. Minutes of Regular Meeting of May 24, 1982 - It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to approve with the following amendment: The last sentence of page 4, paragraph 5, shall read, "In reply to Dr. Stofer's comment that Cupertino had planned to build on the Highway 85 right-of-way, Chairperson Claudy replied that it was an option if only a two lane road were built in that corridor. II Minutes of the Adjourned Regular Meeting of May 26, 1982 - It was moved by Com. Blaine, seconded by Com. Binneweg and passed with Com. Koenitze abstaining to approve as submitted. POSTPONEMENTS OR NEW AGENDA ITEMS - None IVRITTEN COMMUNICATIONS: Letter concerning Riding Stables (Stevens Canyon Road - Mrs. R. S. Faust). This letter was referred to staff to gather information. Planning will notify Mrs. Faust when the matter is brought back to the Commission. ORAL COMMUNICATIONS - None PUBLIC HEARINGS 1. Application 4-U-82 of William K. Kelley: Use Permit to construct a three story office bulding consisting of approximately 28,000 sq. ft. and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. PC-387 Page 1 May 10 minutes approved as submitted May 24 minutes approved as amended May 26 minutes approved as submit ted PC= 387 ] 2 Public hearing closed 4-U-82 recom- mended for approval MINUTES OF THE JUNE 14, 1982 PLANNING COMMISSION MEETING 1. (continued) The subject property is located on the northwest corner of Stevens Creek Boulevard and North De Anza Boulevard. First hearing continued. Tentative City Council hearing date - June 21, 1982. Assistant Planning Director Cowan reviewed the application with Commission. Wm. K. Kelley, 305 Lytton St., Palo Alto, presented a picture of the proposed building. He stated that any postponement of a decision would be a hardship for him. He informed the Commission that the Council had conducted the first reading of the zoning ordinance. He requested that a decision be made this evening. Mr. Robert Bernstein, architect, James W. Foug and Associates, was available to answer any questions. The Commission did determine that they could reach a decision at this meeting. The Commission expressed approval of the design of the building but felt there should be landscaping along the Stevens Creek Boulevard side. It was suggested that it consist of container plants and raised planters to eliminate being walked on. Concern was ~ressedfor the dark glass, and a change to earth tones was suggested. It was felt that stronger horizontal lines would lower the appearance of the building. It was moved by Com. Binneweg, seconded by Com. Blaine and passed unanimously to close the public hearing. A contrast in texture with a subtle contrast in color was recom- mended. The Commissioners agreed to send a Minute Order to the Architectural and Site Approval Committee expressing their concerns or recommenda- tions for various items including landscaping, color and texture. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to recommend approval of Application 4-U-82 with Conditions 1-14 as per staff report; Condition 15 amended to state that the approval is based upon Exhibits A, C and D, approving a minimum 35 foot setback on De Anza Boulevard frontage and on Stevens Creek Boulevard frontage, with the latter pertaining to the second floor building line, a 4-5 foot wide functional balcony which shall be installed on the east side at the third level of the building as generally illustrated by Exhibit D; Conditions 16-20 per staff report; Condition 21 to read "Prior to issuance of a building permit, plans shall be approved by the Architectural and Site Approval Committee. The Committee's review shall be limited to building color, texture, landscaping and paving treatments"; Condition No. 22; findings and subconclusions per staff report. MINUTES OF THE JUNE 14, 1982 PLANNING COMMISSION MEETING It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to recommend granting of a Negative Declaration. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to send a Minute Order to ASAC stating concerns as follow: 1. The plan should incorporate landscaping on the second floo balcony facing DeAnza Boulevard; the landscaping material shall be visible to De Anza Boulevard. 2. Landscaping shall be included on De Anza Boulevard in the manner similar to the materials depicted on Exhibit D. 3. Architecturally integrated planter boxes shall be installed on the open plaza facing the Stevens Creek Boulevard frontage. 4. There should be a change in texture differentiating the horizontal and vertical structural elements in the window wall panels. 5. The building colors shall be warm tones, not stark con- trasting colors. 2. Application 21-U-80 of Far West Savings and Loan Association: Amendment of Previously Approved Use Permit to delete the require- ments that construction of the residential portion of the project begin prior to occupancy of the commercial building and Environ- mental Reivew: The project was previously assessed, hence, no action is required. Said property is located at the southwest corner of Stevens Creek Boulevard and Finch Avenue. First Hearing continued. Tentative City Council hearing date - June 21, 1982. 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 with Com. Koenitzer dissenting to recommend approval of Application 21-U-80 as per recommended resolution, with the staff report and letter from Far West to be included as Exhibits, findings and sub- conclusions per staff report. 3. Application 8-TM-82 of John Vidovich: Tentative Map to subdivide approximately 7.4 acres into 96 residential condominium parcels, four common area parcels and one commercial parcel and Environ- mental Review: The project was previously assessed, hence, no action is required. The subject property is located in the south- westerly quadrant of Homestead Road and De Anza Boulevard just north of Highway 280 (behind Homestead Square Shopping Center and De Anza Lumber) in a P (Planned Development with residential 10-20 dwelling units per gross acre and mini-storage intent) zoning district. First Hearing continued. Tentative City Council hearing date - June 21, 1982. 4. Application 18-U-81 (Revised) of De Anza Forge (Cupertino Village): Amendment of Use Permit to eliminate the requirement to build two (2) residential buildings (16 units) in conjunction with construc- tion of the mini-storage facility for a combined mini-storage and residential development (total 96 units) approved in March, 1982. Environmental Review: The project is categorically exempt, hence no action is required. The subject property is located in PC-387 Page 3 Negative Dec. for4-U-82 Minute Order to ASAC Public hearing closed 21-U-80 recom- mended for approval P ~7 Paðe 4 MINUTES OF THE JUNE 14, 1982 PLANNING COMMISSION MEETING 4. (continued) the southwesterly quadrant of Homestead Road and North De Anza Boulevard just north of Highway 280 (behind Homestead Square Shopping Center and De Anza Lumber). First Hearing. Tentative City Council hearing date - June 21, 1982. Associate Planner Piasecki reviewed the Tentative Map application and recommended the denial of the request regarding Application 18-U-81. John Vidovich, applicant, 1307 S. Mary Avenue, Sunnyvale, stated that his situation was very different from that of Far West. He is planning to build a mini-storage building and not an office building. The mini-storage would not bring in more cars. It would add one job to the City and bring in one house. He stated that it was designed to be very efficient and that the mini-stroage would serve as a sound wall. He stated that he is a small developer and he will have to get different lenders for the residential than for the mini-storage building. He recommended that approval of the application include a condition that when the mini-storage building is started he submit complete working drawings for the residential and prior to the certificate of occupancy, he submit complete engineering drawings and the final map of the residential. He stated that his family is also part owner of the mini-storage and that all cash flow would be put into the residential development. The City Attorney informed the Commission that this could legally be a condition; however, it might to difficult to administer. Marvin Kirkeby, Civil Engineer of the project, stated that it was being proposed that Lot 5, the mini-storage, be Unit 1 of the project. The residential development would be Unit 2. He informed the Commission that the tentative map includes both. Therefore, there would be two final maps. He also stated that the rough grading of the entire site may not be possible at the time of building the mini-storage. Otis Forge, property owner, stated that housing starts are down and unemployment is up. Residential development is very difficult at this time. He reviewed for those present the history of his family in the community and their community service. He stated that the Commission is not telling others that they must build residential. The Commission was informed that if the tentative map is approved and if there will be two final maps, that should be stated as a condition. Discussion followed regarding the requirement of residential to be built concurrently with the mini-storage facility. The Chairperson reminded the Commissioners that this was what the applicant had previously requested. Public hearing closed It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. MINUTES OF THE JUNE 14, 1982 PLANNING COMMISSION MEETING It was moved by Corn. Koenitzer, seconded by Com. Blaine and passed with Com. Binneweg dissenting to recommend denial of an amendment to Application l8-U-8l per staff memo dated May 26, 1982. Condition 2 of Resolution 2309 was changed to read "Permitting commercial development without a portion of the residential area would conflict with the original intent of the planned development residential zoning applied to the subject property." It was moved by Com. Koenitzer, seconded by Corn. Blaine and passed with Com. Binneweg dissenting to recommend approval of Application 8-TM-82 with the 14 Standard Conditions and Conditions 15-21, findings and sub conclusions, per staff report. RECESS: 9:28-9:40 p.m. Chairperson Claudy announced to those present that in regard to Item No. lIon the agenda, McElroy Mobil Oil Service Station, the informa- tion was still being developed. This item is on the agenda for the City Council meeting of July 6, 1982. 5. Application 9-TM-82 of Gerry Federspiel: Tentative Map to erase existing property lines and subdivide approximately .75 acre into two parcels and Environmental Review. The project is cate- gorically exempt, hence, no action is required. The subject property is located on the east side of Carmen Road, approximately 75 ft. south of Stevens Creek Boulevard in an RI-IO (Residential, Single-family, 10,000 sq. ft. minimum lot size) zoning district. First Hearing. Tentative City Council Hearing date - June 21, 1982. Assistant Planning Director Cowan reviewed staff report with the Com- mission. Marvin Kirkeby, project engineer, took exception to the standard con- dition requiring the street improvements along the frontage of the property. He stated that the Stevens Creek Boulevard Plan Line does affect Carmen Road and if these street improvements were put in they would have to be taken out at a later date. Mr. Cowan suggested that the condition could be deferred. Jane Brokaw, resident in the area, said that she had been told by the City there would be a two lane widening and probably no further widening. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to close the public hearing. It was moved by Com. Binneweg, seconded by Com. Blaine and passed unanimously to recommend approval of Application 9-TM-82 per standard conditions 1-14; Conditions 15 and 16 as submitted; the addition of Condition 17 to read, "Street improvements, stand,rd condition, shall be in form of a deferred agreement due to uncertainty of the Stevens Creek Boulvard widening plans affecting Carmen Road". PC-387 Page 5 Amendment to 18-U-81 recom- mended for denial 8-TM-82 recommended for approval Pub 1 ic hea ring closed 9-TM-82 recom- mended for approval PC".387 P 6 Public hearing closed Negative Dec. for 10-TM-82 10-TM-82 recom ID,-"ed for at _ _oval Public hearing closed Negative Dec for 3-Z-82 3-Z-82 recom- mended for é oval MINUTES OF THE JUNE 14, 1982 PLANNING COMMISSION MEETING 6. Application 10-TM-82 of Kier & Wright (Berg & Berg): Tentative Map to consolidate four parcels consisting of approximately 4.7 acres into one parcel and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the west side of Saratoga-Sunnyvale Road (opposite Duckett Way), approximately 300 ft. north of Prospect Road in a P (Planned Development with commercial, office and/or residential 5-15 dwelling units per gross acre intent) zoning district. First Hearing. Tentative City Council hearing date - June 21, 1982. Associate Planner Piasecki reviewed the application with Commission. The Commission suggested that perhaps joint driveways with adjoining properties might be required. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to close the public hearing. It was moved by Corn. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend granting of a Negative Declaration. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend approval of Application 10-TM-82 with Standard Conditions 1-14; Condition 15 as submitted; and Condition 16 with the additional sentence that joint driveways with adjoining properties to the south and to the north may be required; findings and subconclusions per staff report. 7. Application 3-2-82 of Fox Construction Company: Rezoning approximately .15 of a gross acre from City of San Jose Rl (Single-family Residential, 6,000 sq. ft. minimum lot size) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone or whatever zone may be deemed appropriate by the Planning Commission and Environ- mental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located at 6716 Clifford Drive between Bette Avenue and Betline Avenue. First Hearing. Tentative City Council hearing date - July 6, 1982. 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 granting of a Negative Declaration. It was moved by Com. Blaine, seconded by Com. Koenitzer unanimously to recommend approval of Application 3-2-82 Planning Commission Resolution 2312. and passed per MINUTES OF THE JUNE 14, 1982 PLANNING COMMISSION MEETING 9. Application 5-2-82 of Richard & Gwendlyn Carlson: Rezoning approximately .15 of a gross acre from City of San Jose RI-B6 (SingTIe-family Residential, 6,000 sq. ft. minimum lot size) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone or whatever zone may be deemed appro- priate by the Planning Commission and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located at 7582 Normandy Way between Rose Garden Lane and Aster Lane. First Hearing. Tentative City Council hearing date - July 6, 1982. It was moved by Corn. Blaine, seconded by Com. Binneweg and passed unanimously to close the public hearing. It was moved by Com Blaine, seconded by Com. Binneweg and passed unanimously to recommend granting of a Negative Declaration. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend approval of Application 5-2-82 per Planning Commission Resolution No. 2313. 8. Applications 4-2-82 and 5-U-82 of Paul McAllister (P. Brien Wilson): Rezoning approximately .6 gross acre from CG (General Commercial) zone to P (Planned Development with commercial intent) zone or whatever zone may be deemed appropriate by the Planning Commission; Use Permit to construct a 12,000 sq. ft. office building and Environmental Review: The Environmental Review Committee recommend the granting of a Negative Declaration. The subject property is located on the north side of Stevens Creek Boulevard approximately 400 ft. east of De Anza Boulevard. First Hearing. Tentative City Council hearing date - July 6, 1982. Associate Planner Piasecki reviewed the proposal with the Commission. Concern was expressed regarding the safety of parking along the access driveway. Various alternatives were suggested such as angling the spaces, cutting down the size of the building so that the parking spaces were not needed, or eliminating some of them and providing additional parking for compact cars in the rear of the building. It was also suggested that those spaces be used to provide handicapped parking. Paul McAllister, architect, stated that this was a 47 foot easement, and that he did not feel the parking of cars there would be a problem as it was so large. He did state that diagonal spaces would be a possibility. This would result in the probable loss of two parking spaces. He has at this time plans to provide one handicapped parking space. He stated he would reduce the parking if necessary. Other suggestions were the elimination of the two southerlymost stalls with the addition of more landscaping or having a backup lane striped out. PC-387 Page 7 I I Public hearing closed Negative Dec. for 3-2-82 5-2-82 recom- mended for approval P 37 Pa,," 8 Public hearing closed Negative Dec. for 4-Z-82 and 5-U-82 4-Z-82 recom- mended for approval 5-U-82 recom- mended for approval Public hearing closed Negative Dec. for 6-z-82 6-Z-82 recom- mended for approval McElroy Mobil 0- Service S _ion MINUTES OF THE JUNE 16, 1982 PLANNING COMMISSION MEETING Mr. McAllister pointed out that the lower arched windows would be recessed for definition. The remaining windows would be outlined. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend granting of a Negative Declaration. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend approval of Application 4-Z-82 with Standard Conditions 1-14 and Condition 15 as presented by staff. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to approve Application 5-U-82 per Standard Conditions 1-14; Condition 15 modified to state that up to two parking spaces on the west side of the building could be deleted and compact spaces could be added to the rear parking, as per staff approval; Conditions 16-20 as submitted and findings and subconclusions per staff report. 10. Application 6-Z-82 of Bradley Construction (Wesley Weigel): Rezoning approximately .2 gross acre from Al-32 (Agricultural- Residential, 43,000 sq. ft. minimum lot size) zone to Rl-7.5 (Residential, Single-family, 7,500 sq. ft. minimum lot size) zone 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 subject property is located on the east side of Larry Way approximately 80 ft. south of Lucille Avenue. First Hearing. Tentative City Council hearing date - July 6, 1982. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend granting of a Negative Declaration. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend approval of Application 6-Z-82 per staff memo dated May 26, 1982. UNFINISHED BUSINESS 11. McElroy Mobil Oil Service Station - Information regarding adjacent undeveloped property - Southeast corner of Stevens Creek Boulevard and Foothill Boulevard. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to remove this item from the calendar and refer it to the City Council.