PC 10-14-85 -ever zone _
Commission :c .ei
'e: .tial single fa _,e_•an- ._ _._:.:;..
F
- subdivide approximately 1.2 acres ,._ .. urge=s.
_".'.�I1.ON' :TAL REVIEA: The Environmental .ev_e-.: �a_-a tFe
recommendation is pending. -''.e subject prover -
cn the south side of Peninsula Avenue apprcxi:ratei:
east of 2arranca Drive on the former Southern Pacific ..-all-
road right of way. First Hearing. Tentative City Cc:ncil
hearing date is Yovember u, 1985.
'4r. Piatenki, giving the Staff Report, exrlained `hat as
the parcel was traversed by numerous easements, Staff felt
the concessions were lustifled to get a quality, sintJ.e-
family, development. He noted the Environmental tev w
Committee had now given approval, but had requested a noise
report, and the consultant was requiring that a sound wall
be constructed, he height of wnlch Staff questioned_
since it was not aesthetic or totally beneficial. He advise
the Applicant had now modified the architecture acceptably.
�uesticr.ed by Com. Sorensen, Mr. Piasecki felt the traffic
noise was at a very low level there.
Con. Adams determined with Mr. Whitten that parking would
to allowed on both s. ^s of the street.
'ob Zeil, Applicant, had heard from Caltrans they proposed
to add soundbarriers there by 19E9 which would protect the
w`cle property. Also, since every house had space for four
- did not see a crotlem with on-street parking, he sa' .
-_nsch, Penir.su'a Avenue, wa. icncerned about the
wli of the street-, did nct want sidewalks added and
won�rred about lighting. He was also concerned t,, know
how the Applicant would deal with the sur{lus land to t.
northeast.
Chr. Claury and Mr. Kilian discLssed and explained sotbacks
and easements with Mr. Mansch.
:eff Mansch, Peninsula Avenue, was concerned with the solar.
:hr. Claudy assured him the solar units wont be on the nc.rts�,
side, overlooking the freeway.
Fay Watts, Peninsula Avenue, did n,t a_ of !.'s
vard taken for the street, but wasdove•-:.�-
_. ;ardi,e existing. terL'es .. ._
ar _re war -.e street ncx.
.onstrat licant was .._....-
_. 3 c• e street.
._. .'acobscn agree. :-Et was too narrow
., _ either side an - _ to know for _..re _
�f wall to be erecter.
bar. Piasecki advised -. - _ - >:e:: •wcu:d
be Fufficient, and, 1_ aff .as
su,vesting a chalr. . .. --___ .. , ..,stead of &. «a__.
Ch.. Claud advised Xs. .'accbscr t --ate could not �o
required to build a wall where the fence was, and also that
the Applicant could not be required to build it.
Asked by Chr. Claudy his Flans for the northeastern end,
Mr. Hail listed a P.G. & E. access and g_roundcover and landscaping.
The matter of a covenant to maintain the landscaping was
discussed and Staff felt it could be divided between the
six homeowners, with. the City as beneficiary if not maintained,
bu the ^-ommisslon felt this would be too hard to enforce,
and that lot 1 only should be involved.
Mr. Watts advised dirt likes were creating dust and annoyance
on the berm of 280 1 '.he area and felt something better than
the chain link fence the State had installed was needed.
Questioned b} the CoamSsslon, the Applicant said he would
make a change, if required.
Mr. Whitten advised Mr. Marsh that if there was no street
lighting now, none would be added, exoept maybe at the in'ersection.
MOTION: Con. Adams, to close the Pu,tic Hearing
SECOND: Com. Sorensen
VOTE: Passed
Com. Szabo felt that from the freewa;, side the scurdwall
height would not matter, and that the homeowners might ben-f't
from having it higher.
^om. Adams, reeollectinv the Applicant's comments about a
State-tuilt wail, felt E ft. here would be suffic'._....
^TICS:: Com,,. :iackenzie, to grant a Kegative Ceclara'.'on
SECOND: Com. Sorensen
VOTE: Passed
NCTICS': Com. Mackenzie, to ^ecommend approval of
Application - sub.ect to the ?indln;r of
the Staff P.etcr' and Subconclusicns of the
Hearing, with r::ard %ndltions 1-1c and
Condition 16 _taff Report.
SECOND: Com. Sorensen
'✓GTE: Passed c-C
MOTION: Com. Mackenzie, .r.end approval of
Application - - ,ect to the ,incc:.-
of the Staff Fe .'ubconclu=irs P
iiearing, with ztandar�. .nditica.. --.
16 modified tc 1e1Pt, refer.: e
` and to char..,
let revislor
Conis. 17-21 as
clarify that rear
not have accounst:a�1
°zi_b. Ie3 ..ferer.ce -e
the s t ..-. tc _ y that
the
etb . _
P
LO 3:ac:.
.^.';:•- .• f_ .._. . t:.o
second story elene
all references de_ eri^
_ed; _.,._. icna'' ._ -er.
)`that fencing
'es t, mpreper access to the
. _ tetween the developmentand the freeway
stalled, with design subject to Staff approval
;dams
c s, c-C
• -- - .. _. le, to recommend approval of
TM-E5, sub,ect to the Findings
crt and Subionclusiona of the
- ndard 3onditions :-I,;
- 1"; Additional Condition 18
re recordation of restrictions on lot 1
maintenance of the landscaping In the
wed¢e-si.aped area to the northeast of the drive-
way easement access with the CIty as beneficiary,
-.,_ re;,Irement sub,ect to approval by the
,c continue :terss w= throu�.h 012
Ad;curned }:eet:n- to be i:eld
�ctcber at M.
nhatever 7
cla: roc'. in; C:
ft. cn an,exi3t' :..-..-. .-
-..°^ling of ':egative .., ..,
=cated '?' -
enta-
it
araatectuc-al •ssue ---
zoning would now confc_.
being replaced with a c- ':'r""' .__uct_:e.
't was determined there would be a tra'_rr remaininP, and
a modification should to added to allow it to remain.
-gene F. =itzen, representing the Applicant and the -'hurFt ,
advised there were currently permits .or both trailers andthe secord one would be removci in approximately five
years for parking lot stage. He uestioned having to
underground utilities, since Ot. nudes Church adjacent
had not been required to do that.
:Ir. Whitter. thought Jity Council had waived in the case of
:t. ,;udes.
Chr. Claud _observed it was a political issue and •ised
the Applicant to address City Council on the matt.er..
Com. Mackenzie established the remaining trailer was, and
would continue to be, a classroom.
Mr. Eltzen establis:ed with Staff that Condition 1: did not
apply in their case. He advised they would be renewing
fencing on their southerly Corder, except where . cyclone
fence F.ad been <rected, ut no cost to the homeowners.
'ache_ raver, ay was in favor of undercr^__,._..
-,e-n„ done througho . -.
ad ro6r tands in the .
_ was concerned with no'..
I .eek, she said, and rondere-
_-.., the zonin6. She also suE...:ted
. . exp_z'ned the concepts of the zoning action..
-.isslonerb felt fencing would not help currently.
_cuan felt the noise ordinance would adequately address
any probler.s.
MOTION: Com. Adams, to close the Putl'.c Hearing
SECOND: Com. Yackenzle
VOTE: Passed a_p
MOTION: Com. Mackenzie, to recommend the granting of
a Negative Declaration.
SECOND: Com. Sorensen
V3:7-: Passed =_
Ton. Mackenzie, to recommend approval of
An,--cation l8-Z-8=
j ... Co-. Szabo
Pawed _
:as .felt by `
he :om:nisricn that fen :ht
»hen the remai :ng trailer was remcvedfc: __. .. _
.t was ar.reed to reference v.orship acriv't:
since they had 'teen inadvertently omit!,
RESOUMON NO. 2701
OF THE PLANNING CO10aSSION OF THE CITY OF CUPEIQ'INO
APPROVING A USE PER= FOR EXPANSION OF AN E7{ISTING
RETIREMERr CARE FACIISTY BY 16,600 SQ. Fr. INCLLNDING
NEW DWEIUNG UNITS AND EXPANDED AEA=STRATIVE OFFICE
AND DINING SPACE.
APPLICANT: sunnyview Lutheran Home
ADDRESS: 22445 Cupertino Road
Cupertino, CA 95014
SUBMr=: September 3, 1985
LOCATION: Northeast corner of Foothill Blvd. and Cupertino
Road
FINDINGS AND SUBODNCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and the
subconclusions as set forth in the minutes of the Planning Commission
meeting of October 14, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not conflict with the
special conditions enumerated herein. In the event a conflict does
exist, the special conditions as enumerated herein shall apply.
16. APPROVED EXHIMS
That the recommendation of approval is based on Exhibits A, A-1, B,
B-1 of Application 36-U-85 except as may be amended by special
conditions enumerated herein.
17. USE L IITATION
The subject use permit authorizes addition of 16,600 sq. ft. of new
floor space which shall erK=Pass eight (8) one bedroom units,
personal care beds plus related improvements to the administrative
office, employee lounge, kitchen and crnmon dining areas as
indicated on the approved exhibits.
18. ARICI2JG
Parking shall be provided on site at a minim= ratio of 0.5 spaces
per dwelling unit, for a minimum total of 118 spaces. The Director
of Planning and Development may require installation of additional
parking spaces in the future if necessary to rectify inadequate
availability of parking within the complex for staff, residents and
visitors.
2-
Resolution No. 2701 (Continued) 36-U-85
To the extent that they do not conflict with the provisions of this
Resolution No. 2701, all conditions enumerated in Planning Commission
Resolution 1627, and Architectural and Site Approval Committee
Resolution 694 shall rennin in full force and effect.
Prior to issuance of construction permits for the addition of floor
space approved under this use permit, the applicant shall submit the
following material for informal review by the Architectural and Site
Approval Committee:
Site and landscape drawing depicting the effects of ocimpliance with
flood control conditions upon existing structures and plantings.
Diagram illustrating removal and replacement of existing trees, and
detailed specifications for preservation of existing trees which may
be affected by construction activity.
Dimension diagram for the proposed new parking stalls adjacent to
the west side of new Building 6 illustrating conpliance with City
Standard dimensions.
A) FO(ISTING FACILITY:
The applicant shall work with the Public works Department staff to
determine suitable means to rectify the current flooding problems
at the Sunnyview Lutheran Facility including, but not limited to
berming, installation of new storm lines or pumping facilities.
If the existing site cannot be reasonably protected from flooding,
the applicant shall record a deed restriction and covenant running
with the land, subject to approval by the city Attorney, which
notifies future purchasers of the property about the flooding
problem.
B) PROPOSED FACILIV:
The applicant shall modify the proposed plan set as necessary to
ensure that added structural couponents are not subject to
flooding to a level satisfactory to the Director of Public Works.
Solutions may include raising the first floor elevation, berming
or installation of inproved drainage facilities.
A professional engineering analysis shall be generated for Staff's
review for acceptance of the flooding mitigation points prior to
issuance of building permits.
3-
Resolution No. 2701 (Continued) 36-U-85
22. MODIFICATION OF THE APPROVED DEVSLOPNEW PIAN
In the event that the applicant or subsequent property owner shall
desire to make any minor change, alteration or amendment in the
approved development plan or building permit, a written request and
revised development plan or building permit shall be submitted to the
Director of Planning and Development. If the Director makes a finding
that the changes are minor and do not affect the general appearance of
the area or the interests of owners of property within or adjoining
the development area, the Director may certify the change on the
revised plan. If such approval is withheld, the applicant may appeal
to the Planning Commission. If the changes are material, the Director
shall submit said changes to the Planning commission for approval. If
the change is denied by the Planning Osmnission, the applicant may
appeal to the city Council as provided in Ordinance 652 of the City of
Cupertino. If the change is approved, an appeal may be made by an
interested party. Further, any member of the City council may request
a hearing before the City Council, said request to be made within ten
10) days from the date of approval - when the change has been
approved by the Planning Commission.
23. PARCEL OONSOUDATION
Zhe applicant shall solve the problems created by individual parcels
by any one or more of the following means:
a) Record a parcel map which consolidates the parcels into one map.
b) Prepare reciprocal easements covering utilities, access, parking,
etc., to be placed in escrow and recorded with any transfer of
ownership.
c) Record a covenant preventing transfer of ownership of any of the
individual parcels.
d) Other measures which are acceptable to the City Attorney.
ihe applicant shall resolve the issue of individual parcels to the staff's
satisfaction prior to release of building permits.
PASSED AND ADOPTED this 14th day of October, 1985, at a regular meeting of
the Planning Commission of the City of Cupertino, State of California, by
the following roll -call vote:
AYES: CCMMISSICNERS: Mackenzie, Sorensen, Adams, Szabo, and
Chairman Claudy
NAYS: CCI24MICNERS: None
ABSIMIN: 03OUSSICNERS: None
ABSE2Jr: C30USSIONERS: None
Robert Cowan
Robert Cowan
Planning Director
John Claudy
John Claudy, Chairman
Planning Commission
1
17—Z-85
RESOLUTION NO. 2715
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO REZONE 1.7+- GROSS ACRES TO
lip P(PLANNED DEVELOPMENT WITH RESIDENTIAL SINGLE-FAMILY
INTENT) ZONE.
APPLICANT: Robert W. Keil
ADDRESS:3776 Moorpark Avenue, #2, San Jose, California 95117
SUBMITTED: September 4, 1985
LOCATION: South side of Peninsular Avenue approximately 60 ft.
east of Barranca Drive
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of October 14, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibit
A of Application 17-Z-85 except as may be amended by
special conditions enumerated herein.
PASSED AND ADOPTED this 14th day of October, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams, MacKenzie, Sorensen, Szabo and
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
s/ Robert Cowan s/ John Claudy
Robert S. Cowan John Claudy, Chairman
Planning Director Planning Commission
1. —TM
RESOLUTION NO. 2717
OF THE PLANNING COMMISSION OF THE -CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE
1.37 NET ACRES INTO SIX LOTS.
APPLICANT: Robert W. Keil
ADDRESS:3776 Moorpark Avenue, #2, San Jose, California 95117
SUBMITTED: September 4, 1985
LOCATION: South side of Peninsular Avenue approximately 60 ft.
east of Barranca Drive
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of October 14, 1985.
CONDITIONS:
1-15. STANDARD CONDITIONS
Standard Conditions to the extent that they do not
conflict with the special conditions enumerated herein.
In the event a conflict does exist, the special
conditions as enumerated herein shall apply.
16. APPROVED EXHIBITS
That the recommendation of approval is based on Exhibit
A of Application 18-TM-85 except as may be amended by
special conditions enumerated herein.
17. SEISMIC AND GEOLOGICAL HAZARDS
The applicant shall retain an engineering geologist to
evaluate and mitigate potential seismic and geologic
hazards.
18. RECORDING A COVENANT
The applicant shall record a covenant on Lot 1 to
require maintenance of the landscaping in the wedge
shaped area to the southeast of the driveway easement
access. The City shall be named as beneficiary of the
covenant. The covenant shall be reviewed and approved
by the City Attorney.
PASSED AND ADOPTED this 14th day of October, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California. by the following roll call vote:
AYES: Commissioners Adams, MacKenzie, Sorensen, Szabo and
Chairman Claudy
NAYS: None
111 ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
s/ Robert Cowan
s/ John Claudy
Robert S. Cowan John Claudy, Chairman
Planning Director Planning Commission
RESOLUTION NO. 2718
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A CHANGE OF ZONING CLASSIFICATION
410
FOR 2.26 ACRES FROM R1-10 (SINGLE FAMILY RESIDENTIAL)
TO BQ (QUASI-PUBLIC BUILDING)
APPLICANT: Cogun Industries
ADDRESS: 1930 W. Glenoaks Blvd.
Glendale, CA. 91201
SUBMITTED: September 9, 1985
LOCATION: South side of McClellan Road, easterly of Stelling
Road
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclusions as set forth in the minutes of the Planning
Commission meeting of October 14, 1985.
CONDITIONS:
NONE
PASSED AND ADOPTED this 14th day of October, 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll-call vote:
AYES: Commissioners: Sorensen, Szabo, Mackenzie, Adams,
Chairman Claudy
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
s/ Robert Cowan s/ John Claudy
Robert Cowan John Claudy, Chairman
Planning Director Planning Commission
RS01B2B5
2 -
AP