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PC 06-27-88 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 252-4505 MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JUNE 27,1988 Meeting Held irt the Council Chambers, 10300 Torre Ave. SALUTE TO THE FLAG: ROLL CALL: 7:30 P.M. Commissioners Present: Chairwoman Sorensen Vice Chairman Adams Commissioner Claudy Commissioner Mackenzie Commissioner Szabo Robert Cowan, Director of Planning and Development Steve Piasecki, Assistant Planiting Director Glen Grigg, Traffic Engineer Leslie Lopez, Deputy City Attorney APPROVAL OF MINUTES: Staff Present: Chr. Sorensen asked that Mirtutes of June 13th, Page 7, first paragraph read" ..day care.." Com. Mackenzie asked that the Motion on Application 13-U-88 read, "...to send a Minute Order to Staff directing them to prepare a Report to the Council indicating the approval of the Planning Commission of the proposal." MOTION: Com. Mackenzie SECOND: Com. Claudy VOTE: Passed, Com. Adams absent 4-0-1 POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS/ORAL COMMUNICATIONS: None. CONSENT CALENDAR: None. Com. Adams present at 7:40 P.M. PUBLIC HEARINGS: ITEM 1: Application No(s) Applicant Property Owner: Location: Parcel Area (Acres): 8- TM-88 and 25-EA-88 Steve Zankich Leon Rimovs~ Approximately 200 ft west of Rae Ln. at the southerly terminus of Phar Three Drive ~ ZONING (3-Z-88) To RI-7.5 (Single-family, Residential, 7,500 sq. ft. minimum lot size) zone or whatever zone may be deemed appropriate by the Planning Commission. PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1988 Page 2 PC - 548 PUBLIC HEARINGS Continued TENTATIVE MAP (8-TM-88) To subdivide one parcel into two parcels with lot sizes of 11,200 sq. ft. and 14,800 sq. ft. FIRST HEARING ENVIRONMENTAL DETERMINATION: Negative Declaration TENTATIVE CITY COUNCIL HEARING DATE: July 18,1988 (3-Z-88) Staff Presentation: Mr. Cowan reviewed the Application and presented the Assessor's Parcel and Tentative Maps. In response to Com. Claudy's question, Mr. Cowan stated that a right of access over Par 3 could not be found in the records; the initial concept was to incorporate adjoining properties for the purpose of development as irtdicated in Mirtutes dated from 1974. The proposal was never heard by the Planning Commission or the City Council; however, the owner/developer testified that he was pursuing such. Applicant's Presentation: Mr. Marvin Kirkeby, Representing the Applicant, commented: Zoning action on the property was required since the property had no designation Surroundirtg parcels were zoned RI-7.5; however, Applicant did not object to RI-lO Researching documents showed that the City had non-exclusive easements with the Applicant's property and the adjoirting Gachina property 30 ft. was available to the rear of the Gachina property; proposed development would not be substandard irt that other developments had 24 ft. driveway access Documentation on the easements was available for review by the Commission/public In response to Com. Mackenzie's question, he asked that the Cotton Associates Soils Report be made a condition of the Tentative Map so as not to delay this Application; he noted the time required to process the zoning application. The Public Hearing was then opened. Mr. George Jordan, 22106 Rae Ln., Cupertino, stated that his only concern was that there was an unimproved driveway on this property; he objected to truck traffic on this access. Ms. Dorothy Gachirta, 22100 Rae Ln., Cupertino, commented as follows: Reviewed the history of the Gachina property purchased in 1954 and stated that they had put the driveway in Adjacent property owners, the Rimovsky's, had not contributed to the driveway cost The Gachirtas did not intend to move or sell their property Questioned whether the easement had ever been granted to the Rimovsky's Mr. Kirkeby responded that Mr. Rimovsky purchased his property in 1956--two years before the Gachina's purchased their property; if Mrs. Gachina did not feel the driveway was adequate, there was 10 ft. on their property that the Applicant was willirtg to improve. He confirmed that both the Rimovsky and Gachirta deed referenced the easement. Ms. Gachirta reiterated that she would not give the City nor the Applicant any property. PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1988 Page 3 PC - 548 PUBLIC HEARINGS Continued Mr. Jim Harris, 22147 Rae Ln., Cupertirto, purchased their property in 1983 due to the layout and privacy afforded by such; recent acquisition of the property in question would increase density and traffic. He opposed the access proposed for the development. Ms. Sandra Wagoner, Fairway Homeowners Association, stated that no more kids, houses or cars were needed irt the area. MOTION: Com. Claudy moved to close the Public Hearing SECOND: Com. Mackenzie VOTE: Passed 5-0 Com. Adams cited his reservations of the Zoning Application due to lack of seismic and geological reports; he suggested that any action be delayed pending further information. Com. Claudy stated that logical development would irtcorporate this property with existing development; the property in question would most likely have two single family homes. Com. Szabo favored action on the Zoning Application and proposed an RI-lO designation. Com. Mackenzie cited concerns of spot zoning; he favored takirtg action on the Zoning. Chr. Sorensen favored a continuance of both Applications pending further information. MOTION: Com. Adams moved to Continue Application 3-Z-88 and 25-EA-88. SECOND: Chr. Sorensen There was no vote taken. Com. Szabo noted that a two lot subdivision would occur unless geologic reports cited safety hazards. There was no reason to postpone the Zoning Application; such would add to the costs of development and would serve no purpose. Com. Adams responded that he wished to irtsure that all pertinent information was available before a decision was made; he had no objections to a two lot subdivision. Com. Claudy favored Continuance of the Zoning Application and suggested that the prop- erty owners confer during this time. He moved to reopen the Public Hearing on this Item. Mr. Cowan advised that a month would be required to obtain the necessary reports. MOTION: Com. Claudy moved to reopen the Public Hearing on Application 3-Z-88. SECOND: Com. Adams VOTE: Passed 5-0 Mr. Kirkeby stated that based on the favorable response of the public to a Continuance, adjacent property owners might consider that if the subject property were unbuildable, their properties may also be unsafe. He noted the length of time to process a Zoning Application and objected to the statement that no children be allowed irt this development Ms. Lopez advised the Commission regarding proper procedures, since the Commission would be takirtg additional public testimony. PLANNING COMMISSION MINUTES Regular Meeting of June 27. 1988 Page 4 PC - 548 PUBLIC HEARINGS Continued MOTION: Com. Adams moved to withdraw the Motion to Continue Application 3-Z-88. SECOND: Chr. Sorensen VOTE: Passed 5-0 Mr. Pete Gachina, 22100 Rae Ln., Cupertino, requested irtformation on sewer lines for the property; Mr. Cowan responded that Staff recommended continuance to determine such. Mr. Kirkeby provided additional irtformation on the storm drains/sanitary sewer lines. Com. Mackenzie suggested taking action on the Application with a condition requiring Staff to approve the geologic reports; he noted the lengthy delays for Zoning Applications. Chr. Sorensen wished to delay action on this Item pendÌl1g further irtformation. MOTION: Com. Mackenzie moved to close the Public Hearing on Application 3-Z-88. SECOND: Com. Szabo VOTE: Failed, Chr. Sorensen, Com. Adams, Claudy dissenting 2-3 The Public Hearing on Application 3-Z-88 remairted open. MOTION: Com. Adams moved to Continue Applications 3-Z-88, 8- TM-88 and 25-EA-88 to July 25, 1988. SECOND: Chr. Sorensen VOTE: Passed, Com. Mackenzie, Szabo dissenting 3-2 ITEM 2 Application No(s) Applicant: Property Owner: Location: Parcel Area (Acres): lCDPR3-88 and 3-V-88 Scott DesÌ!!I1 Associates Mrvtle Chelbav Southeast comer of Salem Ave. and Alpine Ave. .3 IITOSS CONCEPTUAL DEVELOPMENT PLAN (lCDPR3-88) To construct a residential triplex (3 units) consisting of approximately 5,100 sq. ft. VARIANCE (3-V-88) From Section 10.2 of Ordinance 779 to allow a 23 foot second floor setback in lieu of the required 37 feet. From Section 10.7 of Ordinance 779 to allow a 20 foot fIrst floor rear setback in lieu of the required 27 feet. From Section 10.7 of Ordinance 779 to allow a we foot second floor setback irt lieu of the required 37 feet. FIRST HEARING CONTINUED (REFERRED TO PLANNING COMMISSION BY TIIE CITY COUNCIL AT TIIEIR MEETING OF JUNE 20, 1988) ENVIRONMENTAL DETERMINATION: Categorically Exempt TENTATIVE CITY COUNCIL HEARING DATE: July 5, 1988. PLANNING COMMISSION MINUTES Regular Meeting of June 27, 1988 Page 5 PC - 548 PUBLIC HEARINGS Continued Staff Presentation: Mr. Piasecki reviewed the Applicaûon and noted that only a minor Variance was now requested; Staff recommended approval with Conditions added to address Tree Protection and LandscaDe Screeninl!. In response to Com. Mackenzie's question, he presented the Site Plan to show the location of the elevator shaft; he noted that all other portions of the structure were two story and that the three story element (elevator shaft) was not visible from the exterior or created impacts. ADDlicant's Presentaûon: Mr. Scott CUnningham, Scott Design Associates, commented: - Applicant also had concerns regarding the trees on the north side of the property and whether or not these trees could be saved durirtg construction - Applicant had no objection to installing 24 in. box replacement trees on the north side Com. Adams noted irt Application lCDPR3-88, Condition 12 and irt 3- V-88, Condition 2, Tree Protection to be modified to require 24 in. box replacement trees as required. The Public Hearirtg was then opened. There were no speakers. MOTION: Com. Szabo moved to close the Public Hearirtg SECOND: Com. Adams VOTE: Passed 5-0 MOTION: Com. Claudy moved to recommend approval of Application lCDPR3-88 sub- ject to conclusions of the Staff Report and this Hearirtg per the Model Resolu- tion; Conditions 1-11; Condition 12 modified to indicate that if the trees on the north property line can not be saved durirtg construction, 24 in. box replace- ment trees will be installed, subject to Staff approval; Condition 13. SECOND: Com. Adams VOTE: Passed 5-0 MOTION: Com. Szabo moved to recommend approval of Application 3- V -88 subject to conclusions of the Staff Report and this Hearing per the Model Resolution; Condition 1; Condition 2, modified to indicate that if the trees on the north pro- erty line can not be saved during construction, 24 in. box replacement trees will be irtstalled, subject to Staff approval; Condition 3. SECOND: Com. Claudy VOTE: Passed 5-0 NEW BUSINESS: . None OLD BUSINESS: - None REPORT OF THE PLANNING COMMISSION: Chr. Sorensen stated that she and Com. Szabo had toured Vallco Fashion Park She asked that the Tree Protection measures be check on a current development - Com. Mackenzie asked that segregated parkirtg be agendize for discussiòn; examples cited