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PC 01-08-68 10300 Torre Avenue Phone: 2 5 2 -�505 --------------------------------------------------------------------------- PC-1 80,000.� C I T Y 0 F C U P E R T I N 0 California MINUTES OF THE REGUI,AR MEETING OF THE PLANNING COI�LLSSION January 8, �g68 8:00 P.M. Held in the Council Chamber, City Hall, 10300 Torre Ave., Cupertino, Calif. I SALUTE TO THE FLAG II ROLL CALL Comm. present: Hryson, Frolich, Horgen, Hirshon, Buthenuth Staff presenta City Attorney, Sam Anderson Director of Public Works, Frank Finney Director of Planning, Adde Laurin City En�ineer, Kenneth Boyd Assistant Planner, Jim Nuzum III MINUTES OF PREVIOUS MEETING, December 11, 1g67 Comm. Horgan had the following comments: 21-Z-67 Regarding the John MacGowan rezoning application (21-Z-67), Comm. Horgan is opposed to Comm. Hirshon's reasonin� and emphasized that all public a�encies had been �iven an opportunity to buy this prop- erty and had declined to do soo Therefore, the rezoning action is proper . 27-U-67 Regaxdin� the John Rodrigues�Roger Leach flower stand, application 27-U-67, Comm. Horgan stated that he would vote a�ainst the motion to deny because he was in favor of flower stands and felt that the arguments of Mr. Muehle, while relevant, were of little significance as a determinin� factor in the question of whether or not flower stands should be allowed in the City. The denial of this applica- tion should be based on the parking discrepancy. Comm. Frolich asked that the following items be emphasized: Page 1, paragraph l: The correction to the previous minutes was the viewpoint of Chairman Buthenuth and not necessarily Comm, Frolich's. 21-Z-67 Page 4, paragraph 2a Co�n. Frolich felt that delay was unfair and unnecessary; the property is improperly zoned and should be rezoned to a proper classification now. 27-U-67 Page 7, para�raph 3: Comm. Frolich felt that to approve a tempo- rary structure of this sort would result in a disaster to the building code. If we allow buildings of this type we would be opening the door for anything. -1- PC-1 Minutes of the January 8, 1968, Planning Commission Me�ting -------------------------------------------------------------m----m�_--m------ Moved by Comm. Horgan, seconded by Co�ne Bryson, to approve °the Minutes of December 11, 1967 as corrected. Motion carried 5-0 IV ANNOUNCEMENT OF POSTPONEMENTS, etc. 81,000.3 The joint meeting between the Planning Departments of Cupertino and Santa Clara County is still scheduled for 7 P.M., January 11, �968 at Cupertino City Hall. 81,041 The books of Neighborhood Maps were distributed to the members of the Planning Co�nission. V WRITTEN COMMUNICATIONS There were none VI VERBAL COMMUNICATIONS There were none � VII PUBLIC HEARINGS: 28-U-67 A. DONALD PRITZKER and JOSEPH SILENO: USE PERMIT for apartment pro- � �ect (100 units) in a Planned Development (P) zone, west side of Blaney Avenue� approx 350 feet south of Stevens Creek Blvda First Hearing continued. Architect Goodwin Steinberg, 90 Gish Road, Palo Alto� represented Mr. Sileno, who could not be present, and offered to answer any questions. The Planning Director stated that this property is in a Planned Develop- ment (P) zone that was originally designated as the downtown area for the "Greater Cupertino" trading area. This particular parcel was designed for apartment use, conveniently close to the comanercial part of the downtown. The present project conforms in that respect, but is in reality an isolated pro�ect without organizational connection with the rest of the Planned Development zone. The question is whether this parcel should be treated as an isolated R3-2o2 rezoning, or if �n over- all revised plan for the entire P Zone should be requi�°ed. It is compli- cated by the fact that the "downtown" concept in this area seems to be dead; downtown-type business is already or is in the process of `being dispersed to the extent that a functioning downtown does not s�em possible any more. The Planning Director commended the design of the pro�ect, the openness due paxtly to integration of residential and garage buildi.ngs, but partly because no public streets are included except widening of Blaney Avenue. There might be a shortage of curb parking. He used a large scale map of the area to illustrate the various street possib ilities and to indicate -2- PC-1 NLinutes of the J�.nuary 8 �g68 �lanning Coa��i�n Mee�zn� developments and stree� patte�ns (p��t. and po��ib�� f�tu�e� in the Town Center ��ea. He felt �hat ��e ��i��w�� on t�� te�n boundary of the project (28-U�6�) s�ou��"b� ��c��ed �nd imp�ov�d �� public half street with som� mod�f�ca��n� of �r��y �tanda�d� �llowedo If the s�reet i� no� requ�� e �im� of d��pm�n� of �he ad- jacent a�eas� �he City Enginee� can r�fu�e to �cc�p�; ded�c��on �,nd it will reuert to th� prop�� ,n int��n�l ��u�way� T�� m�gh� be a need for an �astmwes� st��et on �ith�� h� n�r�h�rn �� uthe�n boundary of the px�operty �.nd t�h�� cieve�op�r w�aaa7_d be ��po�nsi�l� for a standax°d half street o Wid�nin� of Bl.�,ne�r A�e�u� and a n��°t�h�south half street woul.d take 8°,�, of° �`h� ��and; if° �r� �,d.cl �,n ��.��w��t; h��f street 16°(0 of °t�ie l�.nd woulcl b� u�,i1i��. �,� ��,�°e�t� � mu�� t�an the average 25�0. The Directo�° of Pl�nning �t�,t�d th�� k�e couled not znak� �i�°m x°�com� menda,tions �°eg�x°ding th� neec� �f an e�.stmw��°� st�°�et �.� the f°�u°�ure of the entire Planned Dev��opm�nt �on� i� unknowno M��°e ��udy could be done i�f the Plann�.ng Com��s�ion wi�h�� to ��t �e�m� g�ua.��lines o Commo Ho�ga.n w�.nt�d to know i� th� ea��cw��t ��re�� ,� p�oposed woul.d affect th� n�zmber �i unit� �.l.lowr�d o�� h� d�n�i��r� �.nd t�� Pl�nnin� Director an�werecl t�at it wou�d not be�au�� of° °�:�e g�°��mar�a rule� but that it would cx�owd th� uni°�s tog��t��° mm�°e clo��ly� In answ�r to a request by Corr�o Iio�°gan� �t�e Planning D��°ec°�c�r o�z�l.�ned t�a� Planned Developm�nt zone f�°on�:�ng on 81an�� Av�n�x� �n�i in�.ic�,t�d the other zones �nd u��. The Director of P�xb�ic Wor�ks ��.n x��p:��r �� . �,u��t��n f°�°oan Comm. Horgan, stated th�.� no I,.�oDo proj��, h�.ci b��ra ��n�icl��d �°o� thi� stretch of Bl�,n�y du� to th� sr�,� 1�s:�� e°at t��,� t�� Ci�ty C�un��l has directed °�� Dep��tm�nt r��' �'�:��:�� a�� o p��p�x°� plans fo� tk�e widening of Bl�,n�y, Th� Gity ��r��l as� f�r� t�� dedsc�.°Eion f.��m - t�� property owners but w�11 pay f°a�° the �c°�u�,l �r�n�°��°u�°�iono '��:�s pro� ject will go to bid in MM�..rc� ox° Agr°i� �,n�. �an��,z°ucti�an �� s��ec�ule:d for the com�ng �ummex� w Comme F�°olick� asked �he Planning Dix°�etor h�w ��rQng:�.�t '1�� f�l.t �about the necessity fo� an �a�t��w�� s�x°eet du� �� f�,ct P�ic� ��enu� may not be improved fox° som� tim� �.nd this fa�� wo�u�,cl x°��x�iet a°tru� east�west flowo The Plaraning Di.r�ctar x��p;��,�c� ��.� ��z� �o dzn�e��inty when the ext�n�ion of R�d�°igu�� A�renu� m,a.y b� ��nd�c� �nd �h� f°lu�d state of the l.oc�°�ion of"dos��own��yp�" bu��n�� 9 k�� ou1d nc�� tat� unequivoca,bly whet�er tk�� e��t�wr�s� s��°e�� rou�d `b� n��ecl o�° not n Comm. Horgan �,sk�d �Y�e P�a.nning Dire�t�o� if �� F��,d �,n� �pec�fie �°ecom- mendations �,nd the Pl�,nning .D��cto� �°�p�.�ec� ��h�. �h� d�d�ca�ian �,nd improvement of the nox°�hmsout� ��,�.f �t�°�e� on �h� w��e�n boundax°y of the projec�t should be r�equi��d� Comm, �'roli�� r�qu�s��d �c�me c��,rifi- cationo does �he applican� ob�ect; do t�e ot.lze�° own��s �.n the Town Center object; just what would be requi�ed �f ��h� app��e�n�o �h� Pl�.n- ning Directo� s�.id he �rou�.�. 1��y to ge�t � f°��an th� o�he�° m3� PC-1 Minutes of the January 8, 1968, Planning Commission Meeting ----------------------------------------------------------------------------- property owners in the Planned Development zone. He added that he had advised the applicant that because the project was located in a Planned Development zone, the applicant should coordinate with other owners. Comm. Bryson felt that if there were to be no connection with Stevens Creek Boulevard at this point there was no necessity for an east-west street on each side of this project. Comm. Hirshon wanted a firm recommendation from the Planning Director regarding the location of the east-west street and felt that such a street was a necessity. Comm. Horgan felt that an east-west street would bunch the project too much and that he was already concerned about the number of units in this project. Comm. Frolich was concerned about the location of an east-west street and the intersections in Stevens Creek Boulevard. He felt the staff should meet with the Town Center people and discuss the expansion of the apartment use area and the locations of streets. He expressed his hesitancy at requiring an east-west street. The City Attorney said that due to the existing developments and plans that it would be impractical to put a street in on the north property line. Comm. Frolich felt that a street on the Autorama prop- erty would be of more value than an a11ey. The Director of Public Works agreed with the City Attorney. He felt that an east-west street on the south property line would be best since it keeps the intersec- tions on Blaney Avenue well spaced, and we can get it built at no expense to the City. He pointed out that Vista will be signalized and will cross Stevens Creek Boulevard and lead into the Town Center. We already have Pacifica Avenue and we will ultimately have Rodrigues Avenue as cross streets; do we need another? Apartments can have access by means of one driveway system and may not need the same amount of streets as Rl or R2 areas. Comm. Hirshon asked the Planning Director what was expected in the area to the south and was advised that apartments are indicated. Comm. Hirshon felt that that might be too many multiples. Comm. Frolich felt that the proposed east-west street would handle the traffic. The Planning Director stated in response to a question about the capacity of Blaney Avenue that if both parcels fronting on Blaney were developed as apartments, Blaney Avenue would require four moving lanes during rush periods and that parking would have to be eliminated. Mr. Steinberg felt that the quality of the project would be hurt if an east-west street were required. He did not think it would be possible to achieve the garden type results if they were forced to push the apartments to the center in order to provide the street. Comm. Horgan asked the architect if it would be possible to have architectural renderings to review. Although architectural review is a function of "H-Control" he is concerned about the overall appearance. In answer to his question, he was advised that this project has not been before "H-Control." Comm. Hirshon asked the architect if he had seen the letter from the Central Fire District and if he could abide by the conditions. The architect indicated that with certain minor modi- fications they could comply. -4- PC-1 Minutes of the January 8, 1968, Planning Commission Meeting ---------------------------------------------------------------------------- Chairman Buthenuth asked if there were any comments from the audience. There were none. Comm. Horgan emphasized that he wants firm recommendations from the staff so that the Planning Commission c.an put conditions on any approval. He wants more than the 12 standard conditions. He is in favor of the north-south street. He wanted to know the number of owners in the Town Center. Comm. Frolich said that there was no change in use involved here. Comm. Hirshon said that the east-west street was needed at the south if the property is to be multiple. Chairman Buthenuth felt that the street would not be needed and Comm. Frolich said that the south property would have its own access. The Director of Public Works concurred. Juanita McLaren, 22101 Lindy Lane, said that the property was orig- inally approved as a Town House layout and that the Planning Commis- sion can't change plans and streets without a public hearing. The City Attorney raised the following point: All property owners in the Town Center should be notified of any hearing dealing with the street pattern in the Town Center. We may run into problems regarding changes that would affect the other owners and they are entitled to be present and be heard. We definitely will need a public hearing to change the street pattern or to add a street. Chairman Buthenuth asked the Planning Director if he could get all the necessary information and recommendations ready by the next meeting. The Director said that he would try. Comm. Frolich, Buthenuth and Bryson stated that the north-south street was needed but not the east-west street. Comm. Horgan said that since this is in a Planned Development zone that the Commission should look at this closely and asked the Plan- ning Director to contact the architect for renderings. Comm. Frolich concurred with this. Comm. Horgan stated that he wants more detail on this proposal; he wants to protect the people on Blaney. Comm. Hirshon and Buthenuth agreed. Moved by Comm. Frolich, seconded by Comm. Horgan to close the first hearing. Motion carried 5-0 Chairman Buthenuth advised that this application would come up again in two weeks. 30-U-67 B. FIRST VALLEY BANK and JACK D. JONES: USE PERMIT to operate a nursery school at 20470 Cali Avenue. First Hearing. Mr. Jack Jones, 1717 Gum Street, San Mateo, the applicant, stated that this was a new application to replace an expired Use Permit. He would like this permit to be for an indefinite period, but since -5- PC-1 Minutes of the January 8 1g68, Planning Commission Meeting -------------------------------------------------------------------------------- the staff has recommended a three-year limit he is agreeable to this. The Assistant Planner had nothing to add to his written memorandum. Chairman Buthenuth asked for comments from the audience. There were none. Moved by Comm. Horgan, seconded by Commi. Frolich, to close the public hearings. Motion carried 5-0 Comm. Horgan stated that he agreed with the memorandum from the Assist- and Planner. Moved by Comm. Horgan, seconded by Comm. Frolich, to approve application 30-U-67 with a three-year limit. AYES: Corrun. Bryson, Frolich, Hirshon, Horgan and Buthenuth NAYS: None Motion carried 5-0 31-U-67 C. JOHN CHAFFITZ - DONALD LUCAS, and GENERAI, MOTORS: USE PERMIT for General Mntors Chevrolet Dealership NE corner of Stevens Creek Blvd. and Stelling Road. First Hearing. Mr. W. J. McGowan of General Motors Corporation requested a postpone- ment until January 22 to allow time for revisions of the previously submitted plans . Moved by Comm. Frolich, seconded by Comm. Horgan, to continue applica- tion 31-U-67 to the next regular meeting. Motion carried 5-0 22-Z-67 D. L�'HITECLIFF REA.LTX; F!REZO�C from Green Belt ("A" zone within the County) to Residential Multiple High Density (R3-2.2) and Adminis- trative and Professional Offices (OA), 6.04 acres located at 10�+45 Foothill Blvd. between Alcalde Road and Voss Avenue. First Hearing. Charles Knox, 935 Fremont, Los Altos, the applicant, referred to his written submittal which had been mailed to the Planning Commission. He feels that Professional Office fronting on Foothill Boulevard is a good use and is compatible with the area. It will also serve as a bu�fer. The remaining portion of the property would be garden apart- ments. There axe two-story duplexes to the north and to the west and some triplexes to the south and to the west. Access would be by three streets: Foothill Boulevard, Merriman Road, and Alcalde Road, which wnuld provide a good traffic flow. Private drives would pro- vide interior circulation. -6- PC-1 Minutes of the January 8, 1g68, Plannin� Commission Meeting ------------------------------------�__��_�___m�_�_��______-_-�-------------- Comm. Hirshon felt that access to Alc�lde Road might be a problem, but the applicant does not think soo In response to questions from the Commission, the applicant indic�ted the access points on his exhibits.(displayed but not submitted) an� st�ted that 80 units are proposed and the parcel is 285 fe�t wideo Coman. Frolich asked the Director of Pl�nning for a report on pro- posed streets. The Director indicat�d t�at Merriman ��ou�d be extended to Alcalde Road; it wi�l ul�imately be n�c�ssa�y to buy one house to complete the connection of the two sec�ions of Merriman Road. The property south of Alcalde is all �oned �s R� bu� mostly built as Rl. He further outl�ned t�e �oning in th� �re� �.nd pointed out the City limits. Mrs. Cromwell, 22560 Alcalde, Cupertino, pointed out h�r property which is zoned R2. She questioned the R3 zoning indicated in the County area, she believes it has been rescindeda She �tated that she was not protesting the zoning application alt�augh she would prefer R2 for this area. Mr. Knox asked for the recommendation of the Director of Pl�,nning. The Director stated that the import�,nt thin� i� not t�o inerease the overall density; the Foothill Boulevard area i� �,1�°��.dy overm zoned, as there is neither adequate �chool capaci noz� tr��ffic capacity available on the tlzree streets serving tlz�s a��, �� McClellan Road, Stevens Creek Boulevard and Fo�thil.l Boul.eva�°dm If we increase the permitted density in any one part of t�e are�,, w� will have to reduce it correspondin�l.y in another par°�o As to this specific lot, it is in an R2 area �,nd �, re�oning °to R3 would consti- tute spot zoning. It is suggested that this p�,rcel b� rezoned �o either P.2-�+.25 or to a true garden apartment developm�nt w�th dup�ex density (R3-4.25fb). The Director of Planning had no objections �o the Administrative and Professional Office zonin� as lon� as the development is as one lot to control access to Foothill Boul.evard. He felt the proposal sub- mitted by the applicant for'the OA development was sati�f�.ctory and the e�hibit should be incorporated as a condition into the re- zoning, if approved. Chairman Buthenuth asked the number of uni°ts tna�t would be permitted under R3-4o25fb as opposed to the standard R3 zone, �.nd the Planning Director advised that the R3-2.2 zonin� reques��d a,l.lowed 20 units per net acre and his recommendation would allow 1Om25 units per net acre. Mr. Knox stated that their concept was garden apa.rtments with the emphasis on one and two-beclx°oom units to attr�,et olcler �oupl.es �,nd young couples without childreno In repl,y to a query from Comm. Hirshon he stated that out of the 80 units proposed ten would have three bedrooms, fifteen would k�ave two bedrooms �,nd twenty�five would have one bedroom> - 7- PC-1 Minutes of the January 8 �g68 Planning Comm�.ssion Meeting ------------------------------------------------------�------m----------------- Comm. Frolich expressed concern over the City's ri�hts to prezone without formal agreements and arrangements with the County. The City Attorney advised that the City does have the power to pre-zone unincor- porated areas contiguous to the City, but it would be advisable to check with the County in this matter. Comm. Frolich stated that under our requirement of annexation prior to receipt of water service, this property would have to annex before development; however, we should check with the County before taking further action. Chairman Buthenuth concurred. Chairma.n Buthenuth asked the applicant if he had contacted the County in this matter, and Mr. Knox reported that he had talked with Mr. Roy Chapman of the County Planning Department who had no recommendation to make in this matter. Mr. Knox asked if the extension of Merriman was absolutely necessary. The Planning Director advised tha.t it had always been planned to go through, and he thought the plans should be upheld. Chai�man Buthenuth asked for comments from the audience. There were none. Moved by Comm. Hirshon� seconded by Comm. Horgan, to continue the first hearing on application 22-Z-67 to the next regular meetingo Motion carried 5-0 Chairman Buthenuth called for a short recess and the meeting recon- vened at 10:15 P.M. 23-Z-67 E. EA.RL M. SORENSON and FRANK HOFFMAN: REZOIVING from Residential Single-family (R1-10) and Residential Multiple Family (R3-2.2) to General Com4nercial (CG) approx. 2 acre located on west side of Blaney Avenue 270 feet north of Stevens Creek Boulevaxd< First Hearing. Mr. Fra.nk Hofflnan, 1760 Willow Road, Hillsborough, stated that the property on three sides is alreac�y zoned General Com¢nercial and that this is a logical extension of the commercial zoning. He stated that he plans a 4,800 square foot building. In reply to questions from Chairman Buthenuth and Comma. Frolich the Assistant Planner pointed out the location of the property as fronting on Blaney 75 feet north of the Shell station, with a duplex on one lot and a single-family residence on the othere He confirmed that the property to the west and to the south is zoned commercial but is vacant at present. He stated that this rezoning would not affect the subdivision planned on the property immediately to the north. -8- PC-1 Minutes of the January 8 1968 Planning Commission Meeting ------------------------------�------_�_�_---m_�__m____------------�--------- In response to a question from Chairman Buthenuth, Mre HoffYnan stated that he planned a de�uxe convenience store of the "Del Monte" type . Chairman Buthenuth asked for comments from the �,udienceo There were none. Moved by Comm. Hirshon, seconded by Co�n. Bryson, to close the public hearings . Motion carried 5�0 Moved by Comm. Hirshon, seconded by Co�n. Horgan �o x°eeommend �,p- proval of application 23-Z-67 sub�ect to the 12 stancl�rd conditions. AYES: Com¢n. Bryson, Frolich, Hirshon, Ho�°gan and Buthenuth NAYS: None Motion caxried 5-0 Chairman Buthenuth advised the applicant that this will come before the City Council on February 5, �g68 VIII UNFITJISHED BUSINESS 14-TM-67 A. ROBERT H. ZIP��R: iEP3TATIVE MAP, approxa �+a3 acz°e� located south end of �egnart Road. Mr. Robert Zimmer, 520 Rockefeller Drive, Sunnyvale r�ported that Mr. Noor Billawala has circulated a petition for �..n improvement district and already has 60� of the landowners signed. Mr> Zimmer asked for direction from the Planning Commission, The Director of Plannin� stated that we will need a ma�ster plan, based on a contour map, before we can approve �. Tentative Mapa The Planning Commission reviewed the previous discussions on this application and the Director of Public Works outlined the problems relative to the roads in the area and the neces�ity for an imp�°ove- ment district. He stated that it may be possible for the Plannin� Commission to approve Mr. Zimmer's Tentative Map if he waives his right to protest the L.I.Do Chairman Buthenuth asked the �pplicant if he wished to h�,ve an answer on the Tentative Ma.p application now and Mr. Zimme�° replied that he didn't necessarily want immediate action but he didn't want to wait until af'ter the L.I.Dm wa.s under way because of the delay. The Director of Public Works felt that we should h�ve a very �ood idea within thirty days whether the L.S.Do would go or not. -9- PC-1 Minutes of the January 8, 1g68 Plannin� Corrnnission Meeting ------------------------------------------------------------------------------ Moved by Co�n. Hor�an, seconded by Comm. Hirshon, to bring this matter up again at the first meetin� in February (2-12-68). Motion carried 5-0 Mrs. Lois Johnson, Regnart Ro�d, Cupertino, asked if County residents could si�n the petition and join the district. The Director of Public Works said that they could. 81�00�+.121 B. ORDINANCE 220(j) regulatin� Light Industrial (ML) zones. Intermediate report. The Planning Director reported that so fax he had been unable to secure a"model ordinance" and tha.t he was explorin� other avenues. Comm. Frolich su�gested that ASPO be contacted, and the Planning Director said that he would writE them. IX NEW BUSINESS There was none X ADJOURNMENT ' Moved by Comm. Frolich, seconded by Comm. Horgan, to adjouxn the meeting at 10:45 P.M. Motion carried 5-0 APPROVED: � y�-s l�" ��-�i.�G��-�-��'� s �J'ohn W. Buthenuth ATTEST: � ��P� �� Adde Laurin Director of Planning -10-