HomeMy WebLinkAboutPC 08-22-83CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING
COMMISSION HELD ON AUGUST 22, 1983
IN THE COUNCIL CHAMBER, CITY HALL,
CUPERTINO, CALIFORNIA
Chairperson Adams called the meeting to order at 7:30 p.m.
in the Council Chamber, City Hall.
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 City Engineer Whitten
Associate Planner Piasecki
City Attorney Kilian
APPROVAL OF MINUTES: Minutes of Regular Adjourned Meeting
of June 22, 1983:
It was moved by Corn. Koenitzer, seconded by Com. Elaine and
passed with Com. Szabo abstaining to approve the minutes of
June 22, 1983 with the following amendments: Page 2 to
include a summary of changes requested by the Commission to
the General Plan Housing Amendment. These changes were (1)
Add Rancho Rinconada to page 33 as an area in Cupertino's
sphere of influence; (2) Add school sites as areas of
potential development; (3) Delete the 2/3 vote
requirements for condominium conversions; (4) Delete Policy
3-10; (5) On page 11, Item 5, clarify that in commercial
areas where increased use would be allowed it would be
housing only; (6) Delete the shared equity plan. Page 3,
paragraph 3, shall be amended to say, " . . . request for
doubling the commercial square footage on their proposed .
. " Page 4, paragraph 3, shall read, "Com. Koenitzer
addressed staff to reword Conditions 22, 26 and 27 of
2-Z-83." Paragraph 5 shall read, "Nark Troll commented to
Commission that he did not know when housing would be
built. Therefore prices could not be set at this time."
Paragraph 6 shall read, ". 19 modified, 20, 21, 22
modified, 23, 24, 25 and most of 26 as per staff report,
26(b) and 27 modified, 28-34 with findings and
subconclusions per staff report." iE✓47 BUSINESS shall read,
"It was moved by Com. Claudy, seconded by Corn. :-Koenitzer and
passed with Com. Elaine abstaining to appoint Com. N:laine to
the position of Vice Chairperson."
PC -423
Page 1
June 22
minutes
approved
MINUTES OF THE AUGUST 22, 1983 PLANNING COMMISSION ;1EETING
PC -423
Page 2
July 11 min-
utes
approved
July 25
minutes
approved
July 28
minutes
approved
ilinutes of Regular Meting of July 11, 1933:
It was moved by Corn. Blaine, seconded by Com. Claudy and
passed with Com. Szabo abstaining to approve the minutes of
July 11, 1983 with the following changes: Page 7, second
paragraph from the bottom shall read, "Lloyd Taylor, 10214
Miner Place. . ." Page 8, third paragraph from the bottom,
shall read, "Terry Brown addressed Commission and requested
a height limitation condition to alleviate any concerns
neighboring property owners may have."
:Minutes of Regular Meeting of July 25, 1983:
It was moved by Com. Koenitzer, seconded by Com. Blaine and
passed with Com. Claudy and Com. Szabo abstaining to approve
the minutes of July 25, 1983 with the following changes:
Page 3, the street name in paragraphs 10 and 15 shall be
changed to Miner Place. On page 4, paragraph 2 shall
include a summary of the Commission's recommendations
stating that in R1-6 and R1-7.5 zones the minimum lot size
for second units should be 25% greater than the minimum in
the zone; in R1-6 and Rl-7.5, permit attached second units
only; in R1-10 the minimum should be 25% greater than the
minimum in the zone (12,500 sq. ft.) with the second unit
attached or detached; in RHS there will be a 12,500 sq. ft.
minimum for second unit; the second unit size would be a
minimum of 250 sq. ft. and a maximum of 500 sq. ft.; owner
occupancy required in one of the two units on that property;
public notice is to be required for the ASAC hearing on the
matter.
ilinutes of Regular Adjourned Meeting of July 28, 1983
It was moved by Com. Blaine, seconded by Com. Koenitzer and
passed with Commissioners Szabo and Claudy abstaining to
approve the minutes of the July 28, 1983 meeting as
submitted.
POSTPONEMENTS OR NEW AGENDA I T EMS
"one.
, RITTEN COtI MUNJICATIOAiS
Done.
ORAL COMMUNICATIONS
None.
N INNUTES OF THE AUGUST 22, 1983 PLANNING CONNISSIO�; _9EETING
PUBLIC HEARINGS:
1. Application 23-U-83 of PINN BROTHERS CONSTRUCTIOci: USi
PERMIT to construct 46 attached residential dwelling
units and ENVIRONMENTAL REVIEW: The Environmental
Review Committee recommends the granting of a Negative
Declaration. The subject property is located on the
northeast corner of Torre Avenue and Rodrigues Avenue
in a (Planned Development with commercial, office and
residential, maximum 30 dwelling units per gross acre
intent) zoning district. First Hearing continued.
Tentative City Council hearing date - September 6,
1983.
Director of Planning and Development Sisk reviewed an
additional condition staff wished placed on the use permit
and revisions of architecture that had been done by the
applicant.
Steve Evarikou, 824 Lilac Way, Los Gatos, representing Pint
Brothers Construction Co., reviewed architectural change;
made. He stated the new design is more contemporary than
the previous drawings. It is no longer a Spanish style.
Alex Lester, architect, answered questions of the
Commission.
It was moved by Com. Claudy, seconded by Com. Elaine and
passed unanimously to close the public hearing.
It was moved by Com. Koenitzer, seconded by Com. Claudy and
passed unanimously to recommend the granting of a NegativE
Declaration for Application 23-U-83.
It was moved by Com. Koenitzer, seconded by Com. Blaine and
passed unanimously to recommend approval of Application
23-U-83 with Standard Conditions 1-14; Condition 15 with
Exhibit Nos. 1 and C 1st Revision; Conditions 16-19 per
staff memo; Condition No. 20, last sentence amended to
include pavement treatment of interior driveways and color
scheme of exteriors of structures as well as landscaping
plan to be subject to informal review by the Architectural
and Site Approval Committee; Conditions 21-24 per staff
memo, findings and subconclusions per Planning Commissiot
meeting.
2. CITY OF CUPERTINO: PUBLIC HEARING to
amend the RHS
(Residential Hillside Slope Density
Formula) zoning
district to allow "second units" (two
dwelling units)
on a single family lot and amend provisions related to
building height and setbacks. ENVIROENTAL REVIEN:
The Environmental Review Committee
recommends the
granting of negative Delcaration.
First Hearing
continued. Tentative City Council
hearing date -
September 19, 1983.
PC -423
Page 3
Public hear-
ing closed
Negative Dec
for 23-U-83
23-U-83
recommended
for approval
PC -423 NINUTES OF THE AUGUST 22, 1983 PLANNING COhii1ISSION £IEETING
Page 4
Director of Planning and Development Sisk reviewed the
proposed ordinance with the Commission.
Discussion followed regarding item No. 4 on page 9 regarding
the lot area for large animals not being included in the
required lot area for a household pet or vice versa.
Dick Childress, Regnart Road, requested clarification on
several items. He asked for clarification regarding who
would be responsible for the landscaping required on barren
slopes. He was informed it would be the responsibility of
the party requesting the building permit.
Discussion followed regarding bonding and a possible time
limit for calling in the bonds. The landscaping would be
required for slope protection. Possibilities discussed were
that the landscaping be done 12 months after occupancy or
within 6 months after demand by the City.
City Attorney Kilian informed the Commission that there
could also be civil action to enforce a plan.
Assistant City Engineer Whitten informed the Commission that
the City's grading ordinance requires erosion control.
Section 8.l.a.2 shall be amended to state that the
landscaping plan shall include a maintenance provision.
That section shall also state that the filing of a bond is
required and that the landscaping shall be done no later
than 18 months from occupancy. However, it is expected to
be done by occupancy.
i1r. Childress asked if there were a requirement that the
person living in the second dwelling be a relative to the
property owner. He was informed that was not a requirement.
He also requested the definition of "common driveway" as
mentioned on page 12, Item B1, of the proposed ordinance.
In regard to Item 35 on that page, he was told that the
Architectural and Site Approval Committee would interpret
that paragraph. It would be subjective. His question
regarding Item No. 2 on page 20 (why does it matter how big
the second story is?) was answered by Associate Planner
Piasecki.
Nancy Hertert, 22830 San Juan Road, addressed Council
regarding 4H animals. She inquired about the boundaries for
hillside zoning and was informed on San Juan Road it was the
uphill side (southwest). In regard to the entrance to the
second unit not being visible on a private street, she
asked, ";;hat if there is a private street on three sides of
the unit?" the Commission felt that page 12, Item 31,
should say the appearance of a single-family dwelling shall
be preserved. Nrs. Hertert pointed out some typographical
and numbering inconsistencies in the ordinance. On page 20,
section 15.2, ..Iinor Variations in Setbacks and Heights: The
:TUT:S OF THE AUGUST 22, 1983 PLA: UI«G CC:11ISsICi; i:EETI-:G
first sentence shall be amended to read, "Additions to
principal structures. . . ."
Discussion followed regarding guidelines the Planning
Commission would use to approve, deny or conditionally
approve a variation in setbacks and height should
neighboring property owners not consent. The guidelines tc
be used will be those used in approving a use permit
modified to fit this application (conformance with the
General Plan, the proposed variation is not detrimental
etc.).
In regard to page 9, section 6.1.g.4., a statement will be
added that up to three household pets will be allowed
provided adult dogs are limited to two. After discussion
the Commission decided to maintain the separate outside
entrance requirement for the second unit. However, a
variance could be granted when appropriate.
It was moved by Com. Claudy, seconded by Corn. ioenitzer and
passed unanimously to close the public hearing.
It was moved by Com. Claudy, seconded by Com. !.,oenitzer and
passed unanimously to recommend the granting of a Negative
Declaration.
it was moved by Com. Claudy, seconded by Com. Koenitzer and
passed unanimously to recommend approval of modification of
the Residential Hillside Slope Density Ordinance with
changes as outlined in the discussion.
Ui i ICISHED i3 iSIi ESS
"one.
dust:::SS
done.
RLPORT Cc PLAN!IING CC::ISSIO_:
Commissioner Claudy informed staff regarding various sign=
in Cupertino that are not in accordance with the City Sign
Ordinance.
:LPCRT GE PL7::::I.:'j DIRLCTCR
zone.
The meeting was adjourned at 9:35 p.m.
rTT2ST:
APPROV--D:
PC -423
Page 5
Public hear-
ing closed
Negative Dec
Modif icatio;
of RHD ord.
recommended
/s/Ccrothy Cornelius s/ ictjr z
City Clerk Chairperson, Planning
Commission