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ERC 09-13-06 Community Development Department Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE ENVIRONMENTAL REVIEW COMMITTEE HELD ON September 13, 2006 Committee Members: Steve Piasecki Dave Knapp Lisa Giefer Glenn Goepfert Committee Members absent: Ralph Qualls Kris Wang Marty Miller Staff present: Colin Jung Gary Chao APPROVAL OF MINUTES: June 28, 2006 Minutes from the June 28, 2006 meeting were postponed until the next meeting. NEW ITEMS: 1. Application No. Applicant: Location: TM-2006-09 (EA-2006-15) Dennis Liu 10377 Amistad Court The following items were discussed: o Trees/Landscaping o Deodar Cedars and Oak trees being retained. (Outside of the development area) o Only trees being removed are agricultural fruit trees. o Covenant shall be recorded as a condition of approval to notify future owners of the protected trees. o Geological Report o An earlier geotechnical investigation found fault traces o Recommends an earthquake setback o Give clearance pending specific geotechnical design criteria given its proximity to the fault. o 20% slope o Geotechnical engineer suggests that it is possible to detach the garage from the house and locate it within the restricted building area. o City Geologist stated that this could be possible as long as the applicant recognizes that the structure must be non-occupyable and the structure is designed to earthquake standards. o RHS has a reduction on slope. o Because of the extraordinary requirements and potential damage, a clear understanding of where they are building must be indicated in the title of the property as a condition of any motion made. o Public Comment - Jennifer Griffin oVery familiar with the seismic activity in the area o Commends the City for taking precautions about movement in the area o Does not think it is a good idea to build a structure in a designated seismically active area o Would like to see a smaller, one-story home to prevent any further damage if there is activity o Additional Discussion o Building pad size o Grading contours o No new roadside improvements at this time. ACTION: Recommendation for a Mitigated Negative Declaration with the proviso that covenants be recorded advising future owners of the earthquake and geologic conditions on the property, the limitations on the trees and the that Planning Commission further evaluate whether any structure shall be constructed within the earthquake limited area. Steve Piasecki Glenn Goepfert none 4-0 MOTION: SECOND: NOES: VOTE: 2. Application No. Applicant: Location: ASA-2006-16, M-2006-05 (EA-2006-17) Mike Rohde (Valko Fashion Park) 10123 N. Wolfe Road The following items were discussed: o Aesthetics o Visual Impacts o Lighting Impacts o Suggesting no parking on the 3rd - 4th floor ramp after 32-feet o 6-foot sound attenuation wall should be erected on grid line B intended to buffer any noise and block headlights on 4th floor as viewed by neighboring properties. o Decorative metal trellises should be introduced along North, East and South elevations o Noise Impacts o Potential noise impacts would result from activities on the 4th floor o Existing condition of approval from Valko's Development Agreement requires and sound baffling panels to be constructed along the westerly elevation and partially on the south and north elevations. o Applicant - Mike Rohde o Suggests - eliminate 13 -15 stalls to pull parking further away from the neighbors to the West o Direct headlights facing east o Extend the green screen which is 6" from the building another 4 feet to the top of the parapet wall o Public Comment - Jennifer Griffin o Important to keep the garage at 32 feet o Public Comment - Resident o Asked why this was being brought up now and not back in January (2006) o Asked if another level could be added at the Rosebowl o Additional Discussion o Parking on the 4th level o Neighborhood meeting on September 14, 2006 o Conditions that prohibits parking on the 4th floor after 9:00 P.M. o The potential and difficulties of a basement level parking PREAMBLE PART OF MOTION: The Committee acknowledges that the project is inconsistent with the specific decision of the City Council; but recognizes that the property owner has the right to request anything; and recognizes that the role of the Committee is to determine if the proposed improvements will mitigate any environmental impacts. ACTION: MOTION: SECOND: NOES: VOTE: Recommendation for a Mitigated Negative Declaration mitigating Visual, Sound and Lighting Impacts that also provides a noise baffling of the 4th level such that it screens off the cars not just above 32-feet, but further down the ramp; that there are no parked cars visible over the 4-foot pony wall if one is approved or above the 32-foot level if that is the limit. If a 4-foot pony wall is approved, the green screen shall be extended up to it. Also, a Noise Impact Analysis be prepared prior to public hearing. Steve Piasecki' David Knapp none 4-0 Respectfully submitted, ~~ IAJftI/ kiersa Witt Administrative Assistant G/planning/erc/actionminu tes091306