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PC 04-24-67 .' � 10300.Torre Ave., Cupertino, Calif., 9501� Phone 252-�505 ---------------------------------------------------------------- Pc-9 80, 000.�+ C I T Y 0 F C U P E R T I N 0 California MINUTES OF THE REGULAR MEETING OF THE PLA.NNING COMMISSION Monday, April 2�, 1967 8:00 P.M. Held in the Council Chambers, City H�all, 10300 Torre Avenue, Cupertino, California I SALUTE TO THE FLAG II ROLL CA LL Comm. present: Bryson, Buthenuth, Frolich, Horgan, Hirshon Comm, absent: None Staff present: City Attorney, Sam Anderson Director of Planning, Adde Laurin Director of Public Works, Frank Finney City Engineer, Bob Shook Assistant Planner, Jim Nuzum Recording Secretary, Sylvia Hinrichs III ELECTION OF CHAIRMAN AND VICE CHAIRMAN It was moved by Chrm, Hirshon, seconded by Comm. Horgan to nominate Comm. Buthenuth as Chairma.n of the Planning Commission for 1g67- AYES: Comm. Bryson, Frolich, Horgan, Hirshon NAYS : None ABSTAINED: Comm. Buthenuth Motion carried, �F-0 It was moved by Chrm, Hirshon, seconded by Comm. Horgan to nominate Comm. Bryson as Vice Chairman of the Planning Commission for 1g67-1968. AYES: Comm. Buthenuth, Frolich, Horgan, Hirshon NAYS : None ABSTAINED: Comm. Bryson Motion carried, 4-0 Chairman Buthenuth then took the Chair, and proceeded with the meeting. N MINUTES OF PREVIOUS MEETINGS: April 10 and 11, 1967 The City Attorney had the following correction to page �, second paragraph, of the April 11 minutes: - 1 - PC-9 Minutes of the �/2�/67 Reg. Plann. Comm. Meeting ------------------------------------------------------------------ To substitute the words "capital improvements" in place of "exchange of money" in two sentences of this paragraph. Comm. Horgan had the following correction on p��e 5 of April 11 minutes, in second sentence of paragra�h 3: Revision of tentative map was to be according to the separate sketch for six lots. (Planning Director�s � comment, April 26: "Revised Tentative Ma,p, John Rodrigues" refers to this sketch.) Moved by Comm. Horgan, seconded by Comm. Hirshon to approve the minutes of April 10 and 11, as corrected. Motion carried, 5-0 V ANNOUNCEMENT OF POSTPONEMENTS, etc. 5-z-67 G, FRANKLIN-WINDSOR DEVELOPMENT COMPANY: REZONING from Residential Single-family (R1-7.5) to Administrative and Professional Offices (OA), Lot l, Tract 2551. located NW corner of Clifden and Bollinger. First Hearing . The Planning Director announced that the applicant, Franklin-Windsor Development Co, has requested a post- ponement on Item G until the next regular meeting. - 10-U-67 H. STONESON DEVELOPMENT CORPORATION: USE PERMIT and �-TM-67 TENTATIVE MAP to permit development of a Multiple Unit Complex on 1�+.5 acres located N side of Stevens Creek Road, E of Mary Avenue, W of City of Cupertino park site. First Hearing. The Planning Director announced, that the applicant in- tends to revise certain lot lines, and that further study by the Recreation and Parks Commission also may cause some changes. The applicant has asked for a postponem�ut,.but will be present to answer any possible questions from the public, 2-TM-67 B. JOHN SAICH: TENTATIVE MA P for proposed Light Indus- trial Park, 35 acres located N of University Way and ' E of Southern Pacific RR, First Hearing. The Planning Director announced that there are several problems.�'he staff had not been able to complete their in- vestigations on this application and would request that the Planning Commission hold a preliminary hearing only on this item tonight, and that the hearing be continued at the next regular meeting. Since there were representa- tives from the Central Fire District present at the meet- ing for this hearing, the Planning Director asked if it would be possible to hear that portion of the Tentative Map which would pertain to fire protect3.on. - 2 - • � PC-9 Minutes of the �/2�/67 Reg. Plann, Comm. Meeting Comm, Frolich stated he would not like to start a hearing on this matter until the staff has resolved the problems, unless there was something specific the staff or appli- cant wished to discuss at this meeting; to hold half a hearing would only waste time. The City Attorney agreed that a partial hearing should not be held, and would be worse �han no hearing at all, as there could be a possi- bility of someone being misquoted. Mr. Somps of Mackay and Somps, representing the applicant, requested that the hearing be held tonight. Although the County Planning Commission has been studying the ad�acent County area, the Tentative Map has been submitted and he feels sure the Planning Commission is familiar with the property, which is the same one submitted to the Planning Commission a year ago in connection with application for R-3 zoning. The Planning Director said he is prepared to state wha,t the problems are in this ma,tter, but cannot give full in- formation on the matter tonight, since other parties are involved, including the County Planning Commission, which has not been able to complete the findings, Comm. Horgan and Comm. Hirshon felt that since the appli- cant and the Central Fire District representatives were present and the Planning Department staff is prepared to present part of the case, this application could be given a partial hearing tonight. The City Attorney contended that the County representatives and the Central Fire District representatives should plan to be present at the next regular meeting when the entire case can be heard. Motion was ma.de by Comm. Bryson, seconded by Chrm. Buthenuth that Items,.B,: G and H be continued to the next regular meeting. Motion carried, 5-0 Comm, Frolich asked whether these items had been published as being postponed. The Planning Director answered that Items G and H were published before the applicants asked for postponements. Comm. Frolich continued by asking that if this situation would happen 3 or � times can the Planning Commission dispense with the application. The City Attorney replied that power is given to the Planning Commission to enact a Minute Order which would prohibit any additional continuances. VI TnIRITTEN COMMUNICATIONS The Planning Director announced there were several communi- cations of a technical nature received. A member of the audience asked to present a petition, but was instructed to wait until the pertinent item was dis- cussed on the agenda. - 3 - PC-9 Minutes of the �/2�/67 Reg. Planning Comm. Meeting --------------------------------�--------------_----------�-- VII VERBAL COMMUNICATIONS Chrm. Buthenuth asked if there are any further communi- cations not included on the agenda. Comm. Frolich asked to bring up a problem of street repair on Bollinger Road. The Director of Public Works took note. Clarification was requested by Comm. Frolich as to the'in- tent of the City Council in regard to splitting the re- zoning of the Saich property in one 35-acre and one 5-acre area. The City Attorney advised that any changes made by the City Council must be brought back to the Planning Commission for report; hence, the entire application is being brought to this body. Recommendations must be ma.de by the Planning Commission whether this rezoning should be treated as one or two parcels. The City Attorney requested the Commission to submit a decision tonight so the City Council can discuss it at the next Council meeting. The Planning Commission agreed to discuss this under unfinished business tonight. Comm. Frolich commented that the County Planning Policy Committee would meet Thursday evening and he hoped to be able to report on this meeting at the next Planning Commission meeting. VIII HEARINGS SCHEDULED: 6-z-67 A. LOUIS F. BONACICH: REZONING (6-z-67) from Residential 3-TM-67 Single-family, 10,000 sq. ft, lots (R1-10) to Resi- �-V-67 dential Single-family, 7,500 sq, ft. lots (R1-7.5�, TENTATIVE MA P (3-TM-67) , and VARIANCE (�-V-67) to re- duce side yards; 3�� acre located at 20771 Scofield Dr. First Hearing. Mr. George Bonacich, 20771 Scofield Dr., representative, .stated he was present to answer any questions for the Planning Commission. The Planning Director said this application is a follow-up of a City �ouncil action for abandonment of Western Avenue, and the applicant proposes to convert it to residential lots. The City Attorney explained that this property was a part of a subdivision map, offered for dedication to the City. This was an offer of easement only, not an offer of fee, Inasmuch as the dedication was made to the City for roadway purposes and the City decided not to use it for a road�ay; it then was submitted for abandonment pro- ceedings, wherein the City gave up the right to put Western Avenue through to Stevens Creek Blvd. and the property reverts to the owner of the land that abuts it. The staff must investigate the matter and decide to whom the land re ve rt s . - �+ - PC-9 Minutes of the �/2�/67 Reg. Planning Comm. Meeting -------------------------------------------------------------- The Assistant Planner pointed out that the only problem here is a variance in the side yard; however, since both side yards are over the minimum required, he would recom- mend granting this application, In addition, he recom- mended approving rezoning to 7,500 sq, ft, lots, since this zoning exists next door and across the street. Chrm. Buthenuth asked for comments from the audience. There were none. It was moved by Comm, Hirshon, seconded by Comm. Bryson, to close the public hearings. Motion carried, 5-0 The City Attorney pointed out this item would require a separate motion for each application. Moved by Comm, Hirshon, seconded by Comm. Horgan that Application 6-Z-67 be recommended for approval. AYES: Comm. Bryson, Frolich, Horgan, Hirshon, Buthenuth NAYS : None Motion carried, 5-0 N�oved by Comm. Hirshon, seconded by Comm. Bryson, that Application 3-TM-67 be approved. AYES: Comm. Bryson, Frolich, Horgan, Hirshon, Buthenuth NAYS : None Motion carried, 5-0 � Moved by Comm. Hirshon, seconded by Comm. Horgan that Application �-V-67 be approved. AYES: Comm. Bryson, Frolich, Horgan, Hirshon, Buthenuth NAYS : None Motion carried, 5-0 The Planning Director stated that the rezoning application (6-z-67) would be advertised and appear on the City Council agenda of May 15th, together with 3-TM-67 and �-V-67. 2-TM-�7 B. See Section V, Item B 6-u-67 C. SANDRA LEE STANNA RD: USE PERMIT to operate a boarding stable to include training and instruction - for two years. Located at 22005 Regnar� Rd. First Hearing. Mr. Daniel Donovan, attorney, represented the applicant. He explained that this property consisted of 23 acres of - 5 - � PC-9 Minutes of the �/2�/67 Reg. Planning Comm. Meeting -------------------------------------------------------------------- A1:. property off Regnart Road, which the applicant in- tended to use to operate a boarding stable. The Use Permi� is requested for two years only, which is the term of the lease. There is one residence located 100 ft. below the barn, and a mile apart �re three other residences - most of these have horses on'their property also. The maximum number of horses would be 30, and at any time there would be only � to 6 cars on the property. He understands that one or two neigh�ors have complained about possible lights late at night, and the Planning Dept, has suggested the stable operate only at daylight hours, The applicant does not ob�ect to this restriction, but states �here ma,y be ocassional night visits to sick horses. In answer to a question from Comm, Hirshon, Mr. Donovan answered that this property has been a boarding stable for 20 years before, but operated on a commercial basis for only a month or two, The City Attorney stated that a boarding stable would require a Use Permit under Ordinance N.S.1200, since this is a change in use. Chrm. Buthenuth asked for comments from the audience. Mr. Wm. R. Christy, attorney represented Mr. & Mrs. Fritz, whose house lies not much more than 100 feet below the stable.referred to by the applicant. He understands the operation is already partially under way and already some of the ob�ections have occurred; including automobiles, �een-agers, and lights and noises in the barn, which is 100 ft. above the Fritz bedroom, The approach to the stable is over a private road, and eventually the traffic will break down the roadway. His client feels he might be liable if someone falls on the broken roadway. Also;,there would be a dust situation in the summer, plus flies. A commer- cial enterprise located near a residential area would not be compatible. Mr. Maurice Kemp, representing Ma,�or Perkins, one of the other residents in the area, pointed out that it has been determined this is not a non-conforming use, but an entirely new use - more than �ust a boarding stable, it is a commer- cial enterprise which has been advertised in the Courier as "boarding, training and instruction". On that basis, this is a new use and is not compa,tible with the residential zoning of this area. He pointed out that it is incumbent upon the applicant to show the operation is essential or desirable to the people�s welfare before the Planning Commission approve the application. Other objections are: there are no adequate parking facilities and there is a definite problem of traffic, especially during Saturday and Sunday when there are generally 15-20 cars visiting at the stable; there is a fire hazard because of lack of water and no fire plugs. The water is limited to domestic water use only and at present the only water supply is coming from a well on Mr. Regnart's property. He feels the Planning Commission should deny the application. -6- PC-9 Mi"nutes of the �/2�/67 Rego Planning Comm, Meeting -----------------------------------�---�-------------�------------ # The Planning Director stated that the existing zoning for this property is Agricultural-Residential, Al-�3 viously A-2:B-�). Mr. Ellis Jacobs, 22051 Regnart Rd., stated this area could be one of the best residential sites in Cupertino, and a commercial stable should not be located here. He submitted a copy of a petition which had been signed by 15 residents in the area on October 15 1966 �including Mr. Regnart) and presented to the Planning Commission, requesting reclassification of a certain portion of the property from C-1-H district to an A-2:B-� district. Mr. Cecil Mahon, another resident on Regnart Road, also stated that this proper�y is not suitable for the area because part of this road is privately owned, and feels a commercial use would be a traffic hazard since the road is too narrow. Mr. Donovan replied to the ob�ections as follows: in regard to the petition, Mr. Regnart had signed it, but there was no mention of a horse boarding stable in the petition; also, although any use should be essential or desirable for the public welfare, the right of Mr. Regnart to do what he wants with his property must be considered. Mr. Fritz has two horses on his own property, as do most of the other residents, so there will be a fly problem. In regard to the water situation, Mr. Regna�t. has conver- ted from well water to San Jose Water Co, so chere will be no water problem; also, Mr, Regnart states he has put in a ring and a dirt road so most of the cars would park there rather than on the private road, Motion was made by Comm. Bryson, seconded by Comm. Horgan to close the public hearings. Motion carried, 5-0 Comm. Hirshon asked the Director of Public Works for his opinion on Regnart Road. Mr, Finney stated that if ade- quate parking were provided the problem would not be too great; however, there would be severe hazard if horses used the road along with the cars. A good portion of the paved road is dedicated County road, and is sub-standard, and much is only private easement. The grade is quite steep, and if any kind of development is established here there should be a good road leading to it. Comm. Bryson pointed out that fire is a hazard, and trying to get fire equipment into the area would be a real problem. Moved by Comm. Horgan, seconded by Comm. Frolich that A pplication 6-U-67 be denied. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 -7- PC-9 Minutes of the ��2��67 �eg. Planning Comm. Meeting ------------------------------------------�-----�------------ The Chairman advised the applicant of his right to appeal, to the City Council in writing within five (5) days, 7-U-67 � PETER B. BEDFORD: USE PERMIT to construct an auto- mobile service station at NW corner of Richwood Dr. and Wolfe Rd. First Hearing. Richard W, Morton, attorney for the applicant, explained this application was before the Planning Commission about a year ago, and at that time the Commission denied the pro- posed use as a service station. Then an appeal was filed with the City Council, but at the request of the Council the appeal was withdrawn. It was then suggested to the applicant he re-file the application for a Use Permit with the Planning Commission, pending on two matters; one, a general study and analysis of the station situation by the City secondly, a more precise study and analysis by the applicant on suggestions made by the Planning Commission. The City-sponsored general study has not been publis�hed, although the staff has given it attention. The applicant agreed to the matter of making its own study and has done so. As part of the application, a market analysis in con- nection with this pa.rticular service station site and the proposed use has been made and a copy has been furnished to each of the Commissioners for their perusal. The required zoning, (CG) now exists on the property, and the question is now to acquire a Use Permit for the service station. The applicant feels that the best and most appropriate use for this location is service station, Mr. M�rton continued by saying that since the filing of the first application a number of inquiries, such as tavern, car-wash, drive-in restaurant, used car lot use have been ma.de for this property, but the owner feels they are more ob�ectionable than service station, A service station would not conflict with the surrounding uses; the rustic-type design is attractive, and the applicant is ready and willing to cooperate with any on-site traffic control according to staff suggestions or requirements imposed. The applicant feels service stations do not create traffic, but go where traffic already exists. They are not traffic hazards, and the traffic pattern as set out on Wolfe Rd., with its di- viding strip, does not permit left hand turns. Location is on a ma�or arterial providing access to a freeway and part of an established shopping center, on the go-home side . of the street. Traffic counts show Wolfe Rd. is considered a ma�or artery, At present there are only two existing and one other approved service station on Wolfe Rd, between Prospect and E1 Camino, and population figures show there is need here for a station; by 1970 there will be a neF cessity for an additional 10-16 stations needed, according to a market analysis. Basically, the ratio in the City of -8- PC-9 Minutes of the �+/2�+/67 Reg. Pl�.nn.ing Comm, Meeting Cupertino is the same as it is County-wide; Cupertino „ is not over-burdened with service stations, and this location is a deliberate si�,e selected by the Richfield Oil Company. It w311 be a,r ac�.vantage to the City, The Planning Director pointed out that when this location was before the Planning Commission a year ago, he recom- mended approval. He was then asked to make a survey of the entire City. He submitted a verbal presentation to both the City Council and the Planning Commission, but no written report except for the minutes, �he Planning Director continued: City planning does not intend to �udge the economic feasibility of individual pro�jects. In other wo�cis, Zoning and Use Permit pro- cedures should not pr�event a person from taking economic risks. But it is the concern of planning to prevent waste of land. Residential land should not be rezoned for ser- vice stations when there is already a surplus of commer- cially zoned land suitable for the purpose. However, the lot involved in this particular application is already zoned commercial, and no other suitable use has presented itself so far. A market analysis attached to the application does not quote the ratio of service stations to 1000 population, but statistics from the analysis combined with other in- formation gives the following results. It is noted that numbers vary widely depending on which area is chosen. It is recognized that a service station in a particular location or offering a particular brand ma.y be justified even if the overall need in an area is satisfied. Santa Clara County 1,02 ser.sta./1000 pop. Cupertino Planning Area 0. " " Market Analysis Proje�t A��a 1. " " City of Cupertino � 1.Z1-H " �� (including County "islands") Count� The/ ratio has been almost constant from 196o to 1966 The number differs widely f`x'om the number of 0.8� ob- --��ined from Western Oil and Gas Association a year ago. The number 1.02 is probab�y more reliable. The Market Analysis presents some valid data and conclu- sions, but also some misleading statements. The trend towards fewer service stations per vehicle and vehicle mile does not indicate a neglected need, but the fact that stations are getting bigger and more capacious. The need for additional stations is not proportional to popu- lation growth, if the area is already oversupplied. -9�rvice stations do create accidents, but these do not come under the heading "Service Stations" in police re- ports; they are included in "improper change of lane" -9- PC-9 Minutes of the �+/2�/67 Reg o Pla.r.r ��.g �",�:mm., Meeting or "improper turn", or° "r�ear end. �0�.1..is�on" .. However, this particular site is better than �r,o�t service stations because it is removed some distance f'r.c.�b the main inter- section. The Planning Director concluded, that he would recommend this particular application, unless a better use emerges during the hearing, Chairman Buthenuth called for� a x�ecess at 9;�5. Meeting re- convened at 10:00 P,M, 7-u-67 Chairman called for comments f°xjom the audience, There c'd were none, Moved by Comm, Bryson, seconded by ��^mm, Horgan to close the public hearings. Motion carried 5-0 Comm. Horgan pointed out that there are two service stations in this corner already, and feels there is no need for an- other in this area. Moved by Comm, Horgan, seconded by Comm, Frolich that Application 7-U-67 be denied, AYES: Comm. Frolich, Hirshon., Horgan NAYS: Comm, Bryson, Buthen�.th Motion c�,rr�.ed 3-�2 Applicant was advised he could appea:i. �o the City Council in writing within f ive ( 5) clays , 8-U-67 E. RICHARD J, KEHRIG: USE PEk;�[�'I' for construction of a service station at SE �orner of Homestead and Blaney. First Hearing a Mr. Kehrig explained that this area was r�ecently rezoned for a shopping center and service �tat�on, complementing each other, 50/ of the stores wi.. be leased before the transaction is consumma.ted, His intent is not to develop only a service station but an over-all commercial develop- ment. The area is not overly saturated wi.th service stations, There is commercial zoning across the street on the Mariani property. The shops and service station archi- �ectur� will be in keeping_�ith the residen�ial neighbor- hood and there will be generous landscaping. He is only concerned with the service stati.on in this application. The Planning Department staf°f° f'eels this area is too small for a good commercial developmen'co To set aside part of -10� PC-9 Minutes of the ��2��67 Reg. Planning Comm. Meeting ----------------------------------------------------------- it for a service station would add to the risk of sub- _ standard development of the remainder. The shops would be somewhat hidden from the streets, the same situation as now exists at Bla�ey and Stevens Creek Blvd. „ �..�_ Staff_ does not recommend approval. Mr, Kehrig stated that shopping areas come in all sizes, including very large and very small. He has an overall plan which will not hide the shops from the street. At the time he first submitted his overall development plan, including a service station on this site, there was no comment made by the staff, and he is surprised at the ob,jections of the Planning Department staff, Homestead Road will eventually have a dividing strip, which will provide good and - safe circulation. He feels the project is �ustified and this will be a fine neighborhood center. Comm. Hirshon recalled that when the application for rezoning this property was submitted he voted against it. Comm. Horgan stated that the approval of the zoning did not imply that a service station Use Permit would be automa.tically granted. Comm. Hirshon does not feel a service station is needed since we have an ample number in Cupertino. Spencer Seeley, field inspector for Standard.0i1 Company, stated he had spoken with the Assistant Planner several weeks ago, at which time they dis- cussed the architecture of the service station and shopping center, and that the Assistant Planner com- mented at that time he felt the applicant had a good plan. I��Tr. Seeley felt that they were in �,ccord with the Planning Department bu� he was amazed to hear the staff's comments tonight, and feels they a re unfair. Moved by Comm. Hirshon, seconded by Comm. Horgan to close the public hearings. Motion carried, 5-0 Motion was made by Comm. Hirshon, seconded by Comm. Horgan that Application 8-U-67 be denied. AYES: Comm. Frolich, Hirshon, Horgan, Buthenuth NAYS: Comm, Bryson Motion carried, �-1 `The Planning Director pointed out that the Planning Department staff does not make decisions, but makes recommendations, The staff frequently helps an applicant with the presentation or de- termines whether the proposed use is legal. This - 11 - PC-9 �inutes of the ��2��67 �ego Planning Comm. Meeting ---------------------------------=------------------------------- is sometimes misinterpreted by an applicant to mean that the staff concurs with his opinions. Comm. Frolich commented that non-pertinent exhibits are frequently presented with applications. The Planning Commission would be remiss if they did not exclude them from the discussion. But that no ob�ections are ma,de to these exhibits does not imply approval. 9-u-67 F. HOWARD RUTH, JR.: USE PERMIT to construct a market and steak house in a Planned Development Zone, SW corner of Pacifica Avenue and Whitney Way. First Hearing. The applicant explained that his pro,ject on Pacifica Ave. would provide a restaurant and other amenities such as a "7-11'' ma.rket compa.tible to the Town Center. Nearby lots may lend themselves to the development of larger offices or a modern theater. Inasmuch as such services are not available in or near the Town Center, he feels the pro�ect is compa.tible. The architecture would be integrated with the present type of as far as exterior design in the Town Center. Comm. Hirshon questioned whether alcohol would be served in the restaurant, the answer was no, Chrm. Buthenuth asked what type of steak house:this would be; Mr. Ruth replied that it would a deluxe f�es�aurant-type steak house. The Planning Director stated this pro�ject seems to be typi- cal of spot zoning and strip commercial rather than planned development. The zoning requires planning for 25 acres at a time even though an area may be developed in stages and plans may be revised from time to time. At the time of the rezoning a plan for the entire 100 acres, an L-shaped 32-acre area was set aside for apartments and the present application is within that area. The Planning Director continued by pointing out that a Planned Development zone may include, for instance, a res- taurant as a part of a larger pro�ject in a shopping center, but he feels if this application were approved it would set a pattern for other pro�ects. The minimum area planned in this case should extend from City Hall to the residences south of Pacifica Ave.; anything less would be against the intent of the Planned Development Ordinance. The applicant stated it is impossible to develop the area he owns at one given time. He has no control of ar�thing developed on ad�jacent properties so he must narrow his pro�ect down to his own property and consider:the'ability ' to finance. - 12 - � PC-9 Minutes of the ��2��67 Reg, Planning Comm. Meeting The Planning Director commented that property owners should work together on development plans for larger parcels; otherwise zoning as Planned Development is meaningless. The City Attorney asked i� there is any working agreement with the owners of Town Center existing since the time of application for Planned Development for the area. Mr. Ruth asserted there was not, only an agreement that no fences were to be erected, and a gentlemen's agre�ment that if one person develops a piece of property there would'be ingress and egress between the properties. In answer to a question from the City Attorney whether all the property owners were in agreement at the time the maps were filed with the City, Mr. Ruth said the development would be one which would be sub�ect to approval by the City and have to be a planned development where uses wo�uld have to be compatible. Comm. Frolich suggested this ma,tter be continued to another meeting for further study by the staff, Also, the City Attorney could research the Planned Development Ordinance. The Planning Department staff has recommended strongly that this application be denied, The market has no place in this development, although a restaurant ma,y be compatible, Comm. Frolich said it was his understanding that a ma.p was to be presented as part of the application, and if any of the changes would occur the applicant would have to submit an amendment to the development plan to substantiate this other use. He asked if this change can be ma,de on a, smaller basis or only on the 25 acres, The City Attorney stated preliminary plans on file with. the City were necessary to establish a Planned Development. Thus, if the applicant�s plan conforms with the preliminary development plan, he is in order, If not, he will have to ma.ke application to am.ena Section �. The Planning Commissior. has power to amend it, The staff should review the Planned Development Plan and fincl out if an amendment is needed, and the applicant should submit a revised overall plan. This particular project would have a big impact on the entire Town Center area, Chairma.n Buthenuth asked for comments from the audience. Mr. Norma,n Tucker, resident of 20365 Silverado Ave., whose home is 100 yards from the proposed pro�ect, said he was speaking for a number of people in the audience, and sub- mitted a petition with 199 signatures to the Planning Commission. He presented the following 8 points listed on the petition: 1. A market and steak house would not blend in with the Town Center, the City Hall, and the resi- dential areas. It would be architecturally incongruous, and not within the scope of what we residents of Cupertino understand is planned for this 25 acre area. _i3- PC-9 Minutes of the ��2��67 Reg. Planning Commission Meeting 2. Such establishments would present serious traffic and safety hazards for the many elementary school children who would nave to pass the proposed corner and for those children having to cross Pacifica. There are 16 children from Silverado alone, others from Whitney, Clay, Clifden, Ma,rtinwood, Gillick, and Michael Ct. 3. The proposed establishments would encourage loiter- ing of children and teenagers. �. Residential property value would be adversely .__ affected due to the location of these establishments. 5. Neon signs would be objectionable, being on late in the evenings and being too close to the resi- dential area, Advertising a real need to remote location. 6. Such businesses in this location would be pri- marily dependent on the neighboring business and residential support, because Pacifica Ave, is not a main thoroughfare. Other stores in similar situations change ownership frequently and assume a run-down appearance. 7, These establishments at the proposed location are likely to be sub�ect to robberies and burglaries due to the fact that they would not be on a main thoroughfare which norma.11y receives a greater degree of police patrol. Drag racing at present. $. Presently there are 3 ma.rkets within easy walking distance of the neighborhoods surrounding the proposed corner, and several establishments serving food are in close proximity. We feel that our neighborhoods are adequately provided with these services, and therefore respectfully request the Use Permit be denied, Mr. Tucker also made the following rebuttal to Mr. Ruth's presentation: 1. The restaurant is intended to seek customers from the Town Center; what about residents in �he area. 2. There are ma,ny similar services in ad,jacent areas; Town 8c Country, Safeway, Golden Horn, Florentine, Bur�er Pit, Dairy Belle 3. The proposed pro�ect backs up to residential a�eas; a serious disadvantage. �+. Beer and wine would be available at the ma.rket; if not at the restaurant. - l�- � PC-9 Minutes of the ��2�/67 Re� �1.a�n:l.p.g CommA Meeting 5. The "artist°s eoncep�" misrepresents depth. 6, Frequent change �f owr,.ex�ship is a riske 7. Neon sign Wi11. di�L�u�:� nearby residences. 8. Disagrees with thi� t�p� of developmerit whether part o�' a.n overall plan or not. 9. Not compatibleo �0, The street lr�c�,tion did not consider the residential use on existing streets nearby. 11. This is just �.n c:��.inary commercial development, Mr. Leroy Clark, who liues �irectly south of the proposed restaurant, voiced his o:bjections to this application because, he stated, the odors and noise emanating from the restaurant would be offens�.ve, Moved by Comm. Frolich, seconded by Comm, Horgan, that this application (9-U-67) be ��ntinued to the next regular meet- ing to allow the staf°f� to study this fu�ther, Motion �arried, 5-0 IX UNFINISHED BUSINESS 2-TM-67 JOHN SAICH: TEI�TATIVE MAP for proposed Light Industrial Park. 35 acres located N of University Way and E of Southern Pacific R,R First Hearing, The City Attorney advi���:� the Planning Commission that before the City Council can mdk:e any changes in the proposed appli- cation, the Planning Commis�ion must submit a report to the Council, giving their op:inion on treating this 5 acres either as a separate pa:rcel or as part of° the �0 acres. The Planning Director p�inted out if° the Planning Commission decides to treat this 5 acr�es as a separate parcel or item, the separate appl�cation must be advertised again. Comm, Frolich stated that the original application for this property requested ML zoning at which time there was a discussion whether the two parcels be considered separately. The Planning Commission does not necessarily have to treat it as light industrial. use, only to remove the 5 acres from the zoning applications There should be some preliminary development plan proposed f°or the entire parcel, but perhaps an exception could be made, An argument was raised that the 5 acres of ML zoning would ruin Mary Avenue, but the traffic generated by ML use would not be different than -15- PC-9 Minutes of the �+/2�+/67 Rega P1a:�n�.r�g ��omm.ission Meeting that generated by multiple zoning use� Also, the point has been made that this ML zoning would, spoil the planned resi- dential area; however, Vallco Par�k i.s near residential area and property values are not affected by this development. The City Attorney pointed out that a problem with the 5 acre pa.rcel is the ingress and egress on to Stevens Creek Blvd. This is one reason the City Council wants to treat this 5-acre parcel separately. Ordinance requires this matter must be referred to the Planning Commission for their report, and by Minute Order by the City Council the matter has been referred back to the Planning Commission, to decide whether the 5 acres should stay in this par�ticular rezoning Ordinance or be deleted, Moved by Commm Frolich, seconded by Comm, Hirshon to recommend to the City Council that the 5-acre parcel not be treated separately as far as zoning is concerned, because if separated it can never be rezoned again to Planned Development (P). AYES: Comzn, Frolich, Hirshon NAYSs Comma Br�yson, Horgan, But�.enuth Motion failed, 2-3 Mayor Fitzgerald then presented the City Council's views on this matter, and explained that the deletion of the 5 acres from the original application has been done with the appli- cant's agreement. The Council fEe1s the 5 acres should not be considered as part of the applica.tion and they have referred it back to the Planning Commission for discussion and report. The City Attorney stated that Or�dinance #358 includes the 5 acres plus 35 acres, and the Ordinance requires that in order to make a material change the Ordinance must be referred back to the Planning Commission for their report and then returned to the City Council. MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm, Bryson, to recommend to the City Council that the 5-acre parcel be excluded from the original application. AYES: Comme Bryson, Horgan, Buthenuth NAYS: Comm, Frolich, Hirshon Motion carried, 3-2 -16- PC-9 Minu�es of the. 4/2�/67 Reg. Planning Commission Meeting ---------------------------------------------------------------- X NEW BUSINESS There was none XI ADJOURNMENT Moved by Comm. Buthenuth, seconded by Comm. Hirshon, to ad�ourn the meeting at 11:30 P,M. Motion carried, 5-0 A PPROVED: 2�t (� �-`'� /s/ John Buthenuth Chai rma.n ATTEST: ��� �a��, Adde urin Director of Planning - 17 -