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.