104-C. PC Draft Meeting Minutes for 6-14-11.pdf
BUUBDINFOUD
Cupertino Planning Commission June 14, 2011
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Vice Chair Miller:
Said his issue was that if the building and site was initially designed for a specific use, he
would have difficulty saying years later that the applicant is going to have to change the uses
that the building was put to. If it was originally designed and approved as buildings for
multiple uses, that is one thing; but when it is specifically designed and being used for a single
use or certain category uses, it is difficult to make a determination after many years that we are
now going to change how the building is going to be used, even though the building may not
be designed for those other uses. He said that is why he did not see it setting a precedent or
creating issues for other applications coming in, and he felt it was reasonable to allow the
applicant the flexibility that he has always had with the building.
Com. Brownley:
Said that he agreed that the owner had a good understanding both from having owned the
building for a long time and understanding how to make the best use of the space. He agreed
that they should enable that flexibility especially if it was developed that way in the first place.
Com. Brophy:
Said one possibility is to allow 100% but consider the staff recommendation on excluding the
spaces that face directly onto DeAnza Boulevard, approximately 85%. Given the design of the
structure, it is not easily suited on the interior spaces for many general commercial uses.
Com. Brownley:
Said he liked the idea; looking at the building next door that shares the parking lot, it looks like
it is being renovated and will have doors facing DeAnza and there will also be adjacent
properties with that same look and feel, so it would fit within that sidewalk section.
Com. Brophy:
Suggested phrasing it to exclude that the front spaces 107, 108, 208, 209 be reserved for uses
permitted under the general commercial ordinance; staff can clean up the language on the final
document.
Gary Chao:
If that is the direction, he suggested avoiding using number of tenant spaces because that
changes sometimes; either square footage, or the fact that the tenant spaces that have footage
along DeAnza, are good references for consideration.
Motion: Motion by Vice Chair Miller, second by Com. Sun, and carried 4-1-0, Chair Lee
voted No; to approve Application U-2011-06 with the change to permit office uses
for most of the center except for the offices that front on DeAnza Boulevard.
The agenda was moved back to Item 3.
3. U-2011-05, ASA-2011-06, Use Permit for four, two-story single family dwellings on
EXC-2011-06, TM-2011-01 0.30 acres; Architectural and Site approval for four, two-
Chris Weaver (Habitat for story single family dwellings; Parking Exception to allow
Humanity) a parking ratio of 2 stalls per dwelling, in lieu of the
Cleo Avenue required 2.8 stalls, garage and open) per dwelling, for a
small lot family residential project; Tentative Subdivision
Map to subdivide 0.30 acres into 4 lots and a common area lot for a single family
residential development. Postponed from May 24, 2011 Planning Commission
meeting; Tentative City Council date: July 5, 2011
Cupertino Planning Commission June 14, 2011
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Colin Jung, Senior Planner, presented the staff report:
Reviewed the application from Habitat for Humanity for Tentative Map, Use Permit,
Architectural and Site Approval and Parking Exception, for construction of four single-family
residences on 0.30 acres, as outlined in the staff report. He reviewed the background of the
application and the project site data. Staff feels that there will not be a significant economic
impact from the project; and feels it will improve the neighborhood as presently the area is in a
state of blight.
Staff answered questions relative to the project.
Chris Weaver, Director of Development, Habitat for Humanity, Silicon Valley:
Answered questions relative to the maintenance agreement between home owners and Habitat
for Humanity and explained the selection process for potential home owners. Preference is
given to current Cupertino residents, they must provide 500 sweat equity hours of labor in
building the home; and they must fulfill requirements similar to those of regular mortgage
applicants, and have a good credit rating and the ability to manage the mortgage payments.
Chair Lee opened the public hearing.
Jennifer Griffin, Rancho Rinconada resident:
Said she felt the potential homeowners should be entitled to the same Cupertino parking
standards of 2.8 spaces, not the modified 2 spaces.
Chris Weaver:
Said Habitat for Humanity would provide the full 2.8 spaces per unit if possible; however, the
space for the project is limited. She noted that Habitat for Humanity’s regulations permit 2
persons per bedroom, and the proposed units are 2 bedroom units; therefore only 4 people
would be permitted in each unit and 2 spaces per unit is adequate.
Motion: Motion by Vice Chair Miller, second by Com. Brownley, and unanimously
carried 5-0-0, to approve Application U-2011-05, ASA-2011-06, EXC-2011-06,
TM-2011-01, per the model resolution.
5. U-2010-02, TR-2011-09 Use Permit to allow a new daycare facility at an existing
Tony Chen (Yunjian Zou/ office building. Tree Removal Permit to allow the removal
O-Mei Academy) and replacement of 3 trees in conjunction with parking lot
10070 Imperial Ave. and landscaping improvements at a new daycare facility.
Planning Commission decision final unless appealed.
George Schroeder, Assistant Planner, presented the staff report:
Reviewed the applicationfor Use Permit for a daycare center and tree removal permit for
removal and replacement of three trees, on Imperial Avenue, as outlined in the staff report.
The proposed site is located in an area with general commercial uses, condos, single family
housing and automotive repair uses; the playground does not abut the residential area. The
existing business operates as a martial arts academy and a dance studio, which will be
expanded to operate a day care/after school program serving up to 40 children. The business
currently operates as a heritage school which is not subject to State Depa0rtment of Social
Services regulations.
The site is currently accessed by one existing non-conforming 16-foot wide driveway entrance
from Imperial Avenue. Staff is requiring the applicant to widen the driveway to 22 feet to
allow for safer passage of ingress and egress vehicles; existing power poles and cable utility
box must be removed in order to facilitate the widening of the driveway.
Staff supports the project and recommends Planning Commission approval of the application