Loading...
PC 03-28-66 10321 South Saratoga�Sunnyvale Road Cupertino, California, 950I� phone: 252-�G505 PC-R6 -------------------------- ----- - ----------- - ----- 80,000. � C I T Y 0 F C U P E R T I N 0 Ca7,ifornia MINt�TES OF THE REGULAR MEETING OF THE PLANI�TING COMMISSION March 28, 1966 8:0o P.M. Mee�ing was held i.n the }3oard Room, Cupertino Elemen�ary School District, 10301 Vista Drive, Cupertino, California I SALUTE TO THE FLAG II ROLL CALL: Minutes of the previous meet3ngs: 3/1�! & 3/16 Comm. present: Frolich, Hirshon, Horgan, Traeumer, � Johnson Comm, absent: None Staff present: City Attorney, Sam Anderson Director of Public �Torl�s, Frank Finney Director of Planning, Adde La.urin Cit�r En�ineer, Bob Shook Assistant Planner, Jim NuzL►m R°cording Secretary, Lois Inwards Correct3.on to the Minutes of March 1 �h: In the third para�raph, where it indicates that Comm. Hirshon and Chairman Johnson favored a rule allowing aerials 15' above the building height permitted in each Zone, Comm. Hirshon said he would rather that sentence were deleted since this was not his thin�ting. Chairman Johnson said he favored X number of feet, not a specific number. � Moved by Comm, Traeumer, seconded by Comm. Horgan, to approve the Minutes of March 1L!th, as corrected. Motion carr3.ed, 5-0 Correction to the Minutes of March 16th: Mr. Bob Worcester, of Varian Associates, corrected the last sentence of the second pa.ragraph of page two to read as follows: "Varian's industrial complex will have �heir main access only onto Homestead and Pruneridge, and the 4Jolfe Road entrance wi11 be the visitor a�cess. Moved by Comm. Traeumer, second by Comm. Horgan, to ap- prove as corrected the Minutes of March 16th, Motion carried, 5-0 -1- I'C--R6 Minutes of the : Re�ular Planning Comm, l��eeting of 3i '�8 III ANNOUNCLMEr1TS OP POSTP�NEMEPITS, etc , There were none. � IV Wt�ITTEN COMNN�TICATIONS 1. Letter from Cit�r of Sunn�rvale re�ardin� the Vallco application., Chairman Johnson said i,hi� will be read at the time of that He�r3.n�. V VERBAL CGMNlUNICATIONS Mr. James C. Halliday, 1779 �ieron, SLtnnyvale, w3shed to spea�c on the Vallco application. This, �oo, was deferred until that Hearing� VI H�ARINGS SCHEDULED: 2--U-66 A. VALLC4 PARK: Use PErmit to construct a Shoppin� and Comr�ercial. renter in a Planned Development Zone. Southwest corner of Homestead Road and jr�lolfe F�oad . Second rlearin�. Ci�airman Jchnson asked for comments from the audience. Mr. Waite_� Tu�ard, Gener.al Manage of Vallco.. Park, thanked the people wr�o had attended the special meetin� on l�arch 16'ch and maae the_i..r feelings known. He then summarized that meetin� fo� 'cne benefit of those who ti�rere not presen�. .He disp].a;;ed renderings of th� proposed shop�in� center for the sou�;hwest corner of Homestead and Z�lolfe Roads . He sa:�_d there will be 30' malls with landscaped s�a.ce in th� middle and 10' covered walkways ad�acent to buildin�s. There are about �R00 acres zoned Planned Developrnent, in- cluding the Craf� property, which was rezoned at approxi- mately the same time and is ad,�oinin� this property. There will be no access provided to Amherst and �dheaton Streets. The attorney for Va].1co Park has advised them that it is imporLant to retain their legal ri�ht to access to Linnet Lane, and this ma�ter of' access must be decided L�pon by the City Council, not the Plannin� Commissiorl. The City Attorney said this bod� is �.nt�res�ced in street � . patterns. It is true that encroachment for city streets is a matter �or the City Council. The access f'ea�CUre is done by applicat�on. Mr. Ward then stated that the Cupertino Chamber of Com- merce has made it possible for Vallco to become known through the various trade journals all over the CountrJ, At present, seven firms from back East are looking at Vallco fo� possible sites, He emphasized Y�ow Vallco has been planned professionally, by experts. 'I'he master plan was set up abou'c a year and a half ago by A11en Walter. Ba�cl�e, Cann &:�age have done the more detailed plan. -2- PC-R5 T�Zinute� of tr�e Re�ular Plannin� Comm, M �eting of 3�2 Interx�ationally ��nown LandsGape Archit�ct Lawrence Halprin did the landscapin� plan. The John S; Thompson Gompan.y recentiy did a study for Vallco, which.indicates an i.m- mediate need for comr:�excial � deveYopmenL in the area . On this basis, they are working with Sl�ell Oil C.ompany, Safe- way Stores, etc. There are no types of commercial such as thqse coritemplated for this �.rea located with�n pne mile radius of Vallco Park. The service s�a'cion, grocer�,� . store; barber shop, etc,, will be needed by people work- ing`in Vallco. Mr. Ward said the LID wi_ll tal�e care of the impz°ovement of Homestead, Pruneridge ar�d Woli'e Roads. In order for the Chur-ch to make their exchange with them, Vallco d.eeded a L!' strip along the side of the church entrance and the Church deeded a trian�le�to•Va�leo in exchanF�e for parkin, �5rivileges . Mr, j�Jard� added tha.t in most leases at shopning c�.nters, some 2Z! clauses are required, bat Vallco is re- c�uiring 39 claus�s. Mr, ti+Tard � tnen rev�ewed the traffic reporf: they have had prepared. There t�. be 1�00 right turns from Wolfe to Prur.eridge and 150 right turns from fToinestead onto tidolfe Ro�.d , . Mr. �layn�y, Consultant for Vallco Park; propos�d the coriditions imposed by t;ze City Council in 19�3 ,The Linnet Lane require.men� is 25' of bufferin�; a combina�ion of plarting ai�id s�reet improvements, Vallco now proposes a '_0' wid� berm of earth 2-1/2' tall, wi�h a herringbone fe:�ce which wzll be �.ttraEtive to both sides, and 'crees along the center of the berm. Tr.ere will b� a short, solid fence abou� '1-1/2' high, This will screen the headlights from the parking lot, and will p�ovi�e a sound barrier, In five years, the trees should be 25' high. Mr. Ward went in�o the history of Linnet Lane, Their attorney says they have a ri�ht to have access onto Linnet Lane, They propose to ask tize City Council for an access probab�y fa�rly near the Church property, During eonstruc- tion, the access will be blocked by heavy planter boxes which can only be moved by a fork lift tr�ack. . Mr. ti�lard compared �he t�dolfe Road access to S2ars and Whi'ce Front, where there are driveways without f,raffic lights in the center of the block. However, he sazd that if they are still required to have a signal onto 1-+�olfe at tr.is point, �hey would prefer to have i� com� under the LIll. _ j _ ... PC�Y•._h�_ __Miri�_:�,: 5 .... ° _�....'.n�... t. ��� . � ld . ..�:.�.`��'?:.1!-:,'1l;._�. 'fll e_�''.���L� _. _.�:....._ . �':'_.-----�--. ....._ Follow�_ng are Vallco' s SUGGESTED CONDsTI��NS T�'OR GI�zNTi:I3i� Or A li�E P E R M I T TO VALLCO P4RK FOR CONSTRUCTION OF P. SHOYPING AIVTD COAZMERCTAL CENTER IN A PLANIVED DEVELQPMENT ZONE AT 'I`HE SOUTHWESi CCP��VER OT' WO'LFE AND HOMESTEAD ROA.DS - USE FERMIT 2-U-66: 1-12 Standard condit�.ons. 13 Only one 35-foot drivzway opening on Linnet Lane sha11 be provided �s deterr�ined by �he Architectural 2nd Site Con- trol Committee. 1�+ Improvements on the e�sterly side of 7�inn�t Lane shull be as required by City of Cupertino 0•rdinance No. 255 and s�zall consist of either: a. Eight feet of add�ti.onal paving, plus two feet of curb constructed accor�d_�.ng to Sunnyvale standards, plus 15 feet of lands��aping planted according to a plan devised by a landscape architect, or b. Eight feet of paving, plus two feet of curb constructed �according to Sunnyvale standards, plus ter� feet of im- provements includii�g landscaping plantzd accord_�ng to a plan devised by a landscape �rchitect. 15 Procedure for revisions �s p:oposed by the City Mana.ger. 16 Adherence to the plan as modified by items 13 and 14 shall b� a condit�_on to the gr�ntinJ of tliis Use Permit. The City Attorney quoted Ordinance �7A regarding street p�tterns. Section 5.3 was pertinent. Cutting o:.Cf of established streets would result in inverse eminen�: domain. Tk�.e Plann:ing Commission should dec3.de on the Use Permi� but sh�ould mak� a reco�mendation to the City Council as to access to Linnet Lane. CiZairman Johnson then read the M�rch 24th letter from Mr. Ed�aard C. Moore, Planning Officer f'or the City o�' Sunnyvale. �In it he proposed the foll.owing two poimts :. . . 1. No driveway access from:the shopp�ng center onto Linnet Lane should be allowed. It was suggested at your meetin� that such a �riveway �ould be installed and then later closed if it was ob- ,7ectionable. A more reasonable �ppxoach woulc� be for no open�n� until a neighborhood demand is apparent. 2. An impenetr�ble barrier shoulc� be providec� aion� the T��nnet Lane frontage between the par'zing lot aiic? str2et. :Ct seems to ovr Comm;ssion that the dztails of how such a barrier should be pro- vided, whether by wall, fenc:e, hecl�e or berm, could be worked out under yov ±° architectur�.l anr� site review procedure . -4- ��.7_�?.r :�'la.r_,��-� �:_� C��r�r��� r�i.:: � o J _ �/`'� � ' PC- •----._�.__.._.�j: �...__._ �._._�____. The latter saic� that �lthou�h this posit � on was not �ta. en at � formai Sunn,yval� Comm� ssi on mee�;ing, � t does represent the ��nan� mous view of fi,he 5 members who were pr. esent a+ the' r s �t?cly session, �nd i t was reached �fte� p��blic� e�� sc�.�ssion. The Cupert�no Plann�ng Direc�;or �hen �zaoted from the Ass'stant Plan- ner's memo of March 2�tha It i.s the Di_rector's feeling that the access to Linnet Lane is a situati_on between V�llco Park and the City of Sunnyva.le. He recommended the utmost consi_derat�on be given to S��nnyvale, if th�is c�n be done legally. In light of this letter from the Sunnyvale Planning Director, he would rescinc? Item 1 3n the March 24tY� memo < � Ccamm. Frolich asked if the scle reason to recommend no access to Linne� Lane is because of the peopl.e in Sunnyvale. Further, in light of good planning, wha� are the reasons for putting and/or not putting in.this access. The Planning Director said he 3oes not.hi��elf feel it would create any through;traffic or such prob- lems as.feared, but would be a convenience to �he Sunnyvale resi-� den�s. However, since �his 3irect.ly affects the Sunnyvale residents, he feels �he decisior�s of Cupertirio should.be guided by their opinions. Comm. FrolicYi feels the interests of the people of Cu- pertino should be served. - Chairman Johnson asked the City Attorney to comment on Mr. Ward's statement "We would like this access �o be preserved in order �o pro'cect our rights of access to our other prope�'�ies. The fence along the freeway has cut off access from that direction. Comm.,..rraeumer asked which �.ccess would be the most advantageous. P�ir. Ward prefers the first proposai; however, he has no ob�ec'c�on to the al�ernate proposal, nearer the church. The City A�torney said inverse condemnation is where �he City exer- cises 'cheir ri�ht of eminent domain. ��I'his is a mechod for pre- serving rights of access. � The Depa�tment�of Publsc Works said we have an old farm road o� two 15' unimproved strips here. Improvements have now been made �o the centerline, Annexation was taken to include the full width of the street . We have `no r.ighi,, to tell the Ci�y �f Sunnyvale wha�c i,o put in. He wonders if we are preempting �he juris.d•iction �ere. The Department of Public Works is zn favor of 1�ining the drlv�way up �:Lth the cen�erline of an opposing stree�. In 'chi�s instance, Lark Lane. Mr. �rJard �hen commentec� on the Assistant Planner's Ttem �#2, in re- gard to buffering. A berm and small fench would aiscourage sma11 children �'rom going into the parking area. If Linnet Lane is to be widened 12', it will only Zeave 13' for landscaping. Originally, the propasal was for 8' of paving and 17' of planting: Vallco sug- ges�s�eit�er 15' of flat landscaping or �he berm-fence situa'cion. They feel an 8' b�ock wall would not be suitable. It would crea�e a prison-.Tike a�mosphere and no�ises would bou�nce.off i�. As '�o Item �3, he said Vallco is satisfie� with the parking agreement vaitil the church. _5_ PC_R6lrw_�_M�.nute`�rof+the`Regu].ar_�'lannin�_�c:.T��11ss'.or�_i�l�:e�ir�;;��i _�/28_ As to Item �� of the March 2�Fth memo, Mr. �rJard said they have only filed one Use Permit. It is important to get the shopping center going. 'Po hold up 'che service sta�ion portion of the Use Permit would seriously impail� t;he time schedule for the overall development, since i'c is inter-rela�ed to the other commercial venture�. Mr. Ward ques�ioned the �co'cal of 28' oF Impr�vemen�cs Required in 'che Assistant Planner's sugges�ed condi�ion �13• In con.�itio�z �19 M.r,. Ward said the 10� on Linnet La.ne is the ut;ility a�ea so i� could no� be planted at �his time. The berm and plan�ing will be put in this fall. As to �20, Va�.lco prefers to put in signals un�er �he LID, raiher than �ea.r up the stcree� later. � : The Department of Pub3.ic �rJorks said, in regar3 t;o traffic signals at the driveway access on�o Wo1fe Road, he feels '�hey w�.11 not be needed. Traffic can be conLr.olled �hrough the timing of 'che signa.ls �.t Home- s�ead and Pruneridge, He does not recommend signals at the drive- ..way, because��t wou].� be virtually impossible.�o synchronize them to ma'intain an ev.�n flow of traffic. This signal c.ould have the opposite from �he desired effect. 'rhe Planning Director said �ha� the need :for signals woul�. depen� on the t3ming of the entire se- quence of signals in �Jolfe Road, and �ugges�,ed tY�at" conduits be put in as a part of the s�reei� construction, ,�us� �.n case of �, future need. Mr. Ward sai3� Linnet Lane, curb to eurb, .wo�.�.d be 2�' , The D�.reci;or of P1.anning has aske� for 28', l�r. Ward Lhen said this should be ��'cermine3 by the Ci�y of Sunnyvale. The Planning Direc�or said he would not ob�ect �o f;he exitc an� en- trance oni;o �innet La.ne servir�g as an emergency access. Mr. t�tar� wou�.� like.to maini;ain the legal right to.access to Linnet Lane. The City A'ctorney advised �cha� any 7.imita'cion should be so sta�e�. in �he Use Permit. The Planning Commission �hen wenic over the condit;ions point by paint, an�. decided upon _�he wording , .�uo�ced in Condi�ion 19 � below. , Chairman Johr�son read the March 14�h le�ter from Mr. Wo�rcester, stating �l�at, Varian Associates 3�s very pleased wi�h the proposed shopping center. : Chairman Jahnson as�Ce�. for comments frorn the flaor, requestin� people�no� 'co be repeti�ious, and noting the comments rnade at the special meeting. ' Mr. James C. Halliday, 1779 Heron, Sunnyvale, ma�e issue with Mr. Ward's comments about lack of accessibil.ity to his tract. He said Vallco has access al�. �he way around and �hrough �he shoppin� center. �He said 114 of 15G hbme owners�resi�ing in Lhe Chate�.u. ktest and Serra ;Gar�ens 'cracts req;uest no access '�o Linnet La.ne. Moved by Comm. 'T'raeumer, seconde� by Comm. Hirshon, to close the. Second Public.Hearing. Motion carried, 5-0 -6- PC-R� Minu�e� of thc Re�ular Planning ConunissiOri Meeting of 3/28 ------------------------------------------------�-----------________ Chairman Johnson reviewed che service sta�ion, cornmenting on the Ass� stant; Planner's I�;em ;�'T' of t�iarch 2�i;h. He asl�ed the Ciicy A�- torney, since U�e have only one Use Permit here, can we in good judgmeni, pass on the service si,ation, inasmuch as �he Cii,y Council has a semi-moricorium dela;�ing act�i_on on ttao pen�ling applications for service stations =i_n the CiLy of Cuper�cino. �i`'he Ci'cy At'corney said i;her°e is no blanite � inoratorium. If you feel a surve�r on serv- ice stal;ions might change your minds, one Use Permit can cover f;he service scaLion ana Lhe commercial cenLer. �hairman Johnson asked, if.L�zere is no act;ion on either of 'che service sta�ions before f;he City Council, should �che Planning Com- mission �o ahead an�. ac�: upon chis service stacion. Comm. Frolich feels ic ��s also perLinent tha� �he City Council has given no direction 'co their phzlosophy on ser•vice stations. Ques'cions nee�.ir�g anstivei�s are : How many will i�re need in g�neral? From t�ahich areas shall serv.ice stations be omiti;ed? Can ti�re improve traffic conditions a� service staLions? rhe Planning Director has already concluded Lha'c a service st�.cion is needed in this area. Moved by Comm. Horgan, secon3ed by Comm. I'raeum�r, 'co include che service scat;ion in �he Use Permit, Motion carried, 5-0 P�Ioved by Comm. Traeum�r, seconded by Comm. Frolich, L'hat applicai,i.on 2-U-�6 1ae approvea, suujecL to i;he l2 scan�ard conditions, inclu�- ing �he folloU�ing concli� � ons ; 13 Linnet Lane shall be improved to provide one parking 1.ane on the wes� s�.de and �cwo moving lanes construct�d to City of Sunnyvale Standards. �1� `l�h� �rivewa�r from Lhe parking area �o Lznnet Lane shaZ1 be located aL i;he nor�rzerly end of 'che parking area four parking spaces from property of the Good Smari�an Church. 15 `�Che driveway c:�.ted in Condition l� is not; t;o be opene� �o an�; vehicular 'cr�.f fic prior to the opening of %he Safe�aay s'core for bus�ness. 15 The driveway cii,ed in Condition 1� is noi; 'co Ue used by any trucks or delivery veh�cles (serv�.ng any of the commer- cial or profess.ional uses in the shopping center) and shall be mar�ced appropriately. � vror �ng as amended by sul�sec;uent motian (p.9) _7_ PC-R��� �P�i�nutes of the Regular Planning Commission Me�ting of 3/28 17 If ic should be de'cermined by �he Cizy Coune�l tha'c 'che use oi the driveti�ray cited in Condition 1L� pz�esents a hazar�. '�o sa�'e�y and/or public Uaelfare, _the ar�� ve��aay shall be closea, ana af�er an elapse�. time of u months if it is de�erminea 'chat; i,he conli'cions have been improve�. by 'che cl�sing of �he dr� veway, 'che pavemen�; shall �e removed, and the lan�l- scaping extended �o t;he proper'cy line of 'che church p��oper'cy. 18 A i�arrier shall be constructed between i;he parking area and Linnet Lane. A combination of berm, wall ar fence and plant- ing acceptable 'co t;he Architecture and Si'ce Control Commic�cee vaill be deemecl sufficien�, provi�.ed certain minimum rea ments are me'c . 'I'he total height; of f;he i��all and berm mus c be at leas� �+' above the level of the par�cing area; an�. 1an�.scaping mu�i; be provide� on boch sides of the v or i'ence . 19 Provision shall be made for signalizai;ion at the main en- �rance co 'che shopping center at the median break in Wolfe Road, 'rhese szgnals shall, if needed, be installed a�C a i.ime spec_�fied by �che Department of Public lnzor��s." 20 In tche even'c tiza� i,he applicant shall des�_re to make any change� alteracion or amendment in '�he DevelopmenL Plan after it has been a�praved by the City Council as a condi- 'cion to this Use Permic, a wri�'cen reques'c and a revised Development Plan shall be submitLed to f�he City Planner. If �he size and general location of buildings is not in- creased, and �he Ci�cy Planner makes a finding tha�C the changes are mino�� and do not affect i;he general appearance of tl��e area or 'che interes�s of �wners of properi;y with�n or ad- joining the Developmeni; Area, �he City Planner may certify 'che change on the revised plan. If such approval is Vri�h- held, the applicant� may appeal to the Planning Corruniss� on. If changes are maf;erial, but the reauirements in the Zoning Ordinance and previously imposed condii:ions are still ad- hered to, and the 'to'�al floor area of buildings is no'c increased, the Ci�y Planner shall submi�c the change to �he Planning Commiss�.on. If the change is denied by �he Com- m�ission, t;he applicant may appeal to 'che City Council, as provided in Ordinance UO2(a) of Lhe City of Cupertino, A change in t�ze Development Plan including change of re- quirements or con�i��ons, or an increas� of t;he total floor area of build�.ngs, shall be processe�. as a new applica'c.ion for a Use Perm'�c. -S- PC-R6 Minutes of tlze Regular Planning Comm. Meeting of 3/28 ------------------------------------------------------------------ 21 Adherence to the presented Development Plan is a condii,ion 'co Lhe gran.tin� of i.his Use Permit . In deference to Sunnyvale, Comm. 'rraeumer feels t�hat if they fina no need for the Linne'� Lane access it won'i, be use�. Comm. Frolich wanted 'co discuss Con�.i'cion y�l� furth�r. He feels the location oi° 'chis access should be left open. Comm. Hi.rshon is not adverse Lo the applicant having access to Linne'c Lane, bu�; he is in favor of limiting this access. He �.�aoula )_ike �Chis access limi�ed ta use of the applican� only. `rhe following amendmen� to the motion was made by Comm. Frolich, seconded by Comm. Horgan; �hac Condition �l� pravide a driveway onto Linnet Lane, the locai;ion to be sub,jec� to the approval of the ArchiL and Site Con�rol Commi�tee. AYES: Comm. Frolich, Horgan N�1YS : Comm. I-iirshon, l'raeumer, Johnson � P!Iof;ion di�s, 2-3 The follo��ring am�ndmeni; was made by Comm. Horgan, seconded by Comm. Hirshori: that access onto Linnet Lane be p�r tiJalter Ward's proposal on the rendering presented tonight; four parking spaces i'rom the church. AYES: Comm. Prolich, Hi Horgan Johnson NAYS : Con�rn. Traeumer Ttoi;ion carri�d, �-1 Vote on 'che or.i�;ina.l mocion: AYES: Comm. Frolich, IIirshon, Horgan, 'rraeumer, Johnson NAYS: None Motion carried, 5--� Chairman Johnson s'cacea i,ha�c his, reason i"'or �he inclusion o1' i,he service ri;ation in this Use P�rmi� U�as because the planning Direc� tor has scated tha� h�s cornmenLs �o the City Council vaould inelucle recommenda�;ion for a service sta'cion in Lhai, area. Comm. Hirshon wanced �co znsure.that his commen'cs regarding limited access Ue noLed in the Minuces. -9- �C_R6___�Zinute�_of_�he�Re�ular Plann�_n��Comm�_ssion_Meetin�_of_3/ 81,00� B. ORDINANCE 331: Undzr�round Utilities. First Hearir..g, con�inued. The Planning Director submitted Draft No. 3, which contains four columns : the worcl.ing of the Second Draft; P G 8c E' s comments on the Second Draft and proposals for rewording; Builders Association's comments and proposals; the Planning Director's synthesis and proposed rewording. (P T 8c T were content witY� the Second Draft and did not have any comments.) The Planning Commission then went through the Third Draft, point by point. It is not their intention to eliminate TV antennas. Mr. Tom Riddle, of P G& E, regarding 2.05 and 2.06, handed out writtzn comments. He said many of their distribution lines are going underground; transmission lines at a much slower rate. 2.09 Delete "public utility" and replac� it with "private utility company. 3.1 Mr. Ernest Ornellas of the Builders Associa�tion said their version is worded in the same way in several other munici- palities, and they are striving for uniformity. The Plan.ning Director said most ordinances he has collected deal with dis- tricts transferring utilities from overhead to under ground. Cupertino's proposed ordinance deals only with underground utilities in new developments, which sometimes necessitates different wording. The City Attorney stated that private and public companies define ownership. Both types sell a product. Sewers provide a service and ar2 not involved here. He suggested an omni- bus clause here to permit any future utility of which we are not now aware to be offer�d to the public. Comm. �iirshon agreed with P G& E's proposal for Section 3.1. The Planning Commission agreed upon the content of the P1an- ning Director's and P G& E's version, which are essentially the same. 3.2 Comm. Frolich would like to eliminate Section 3.2. Moved by Comm. Frolich, seconded by Comm. Traeumer, to dele��e Section 3.2. Motion carried, 5--0 �10- -�c r,� rL?�iutes of the N��; Z�.I� p1.Q.1111'C11� �ommission Mee�ting of 3/28 3•3 Comm. Traeumer feels that Section 3.3 places all i,he respo:?.si- bility on the dzveloper. Mr�. Dick Gullion, Pacific Telephone Company, sa,id the ques- tion is whether the cost for undergrounding is to be shared k�y all consumers of public utilities billed through the companies; or to be paid by the people enjoying the benefits, through aiz increase in the price of a home. P T& T thinks the latter is more just. He said over 50 cities have passed this clause as it is written in the Second Draft. Mr. Ornellas said no determination has beeri made as yet as to who is;going to pay for cost.of maintenance. Statistics are being cbmpiled. Perhaps the.P.U.C. will have a ruling in about six months� The Director of Public Works said it is enough for us to say it sYiall be underground but not to place the responsibility on any particular body. Mozred by Comm. Traeumer, seconded by Comm. Hirshon, to table tiie review of Ordinance j31, due to the late hour and the fact there is another applicant on this evening�s agenda. Motion carried, 5-0 VII UNFINISHED BUSIIVESS 1--2-66 A. V�kLLEY TITLE CO.: Application forRezoning from R3-2.2� to CG, 5.22 acres southe�,st corner of M311er Avenue ana i Stevens Creek Boulevard. (Referred back from City Coun- cil.) Chairman Johnson read the Ma,rch 21st letter from Realtor pon ' Bandley. The Planning Director explain�d what happened at the last City Council meetin�, which is recorded in their T�Iinutes. The Council feels conditions, if any, might be imposed as a par� of Tenta�tive Map a.pproval, while the Planning Director had recom-- mended that they would be spelled out at the time of rezoning. Chairman Johnson asiced if this is a policy rule of the City Council: The City Attorney told how he advised the City Coun- cil to send this back to the Planning Commission. The basic issue we must face up to is how far can we go with this new ` 4rdinance. Conditions should be gingerly applied. Comm. Horgan said the.City Council felt Conditions 14, 15, and 16 were too stringent. � The Department of Public Works said any further split of the property wi11 come under the Subdivision Ordinance. -11- PC-R.� Minutes of the Regula�° Planning Comm. Meetin� of 3/28 Comm. Traeumer said he is in favor of requiring a Pevelopm�.nt Plan. Mr. Bandley referred to Counc. Finch's eomment that h� cannot see why a developer or builder would object to subn�itting pl.ans at the proper time. Mr. Bandley then read his March 20th letter to the Planning Commission (attached as Appendix A to these minutes). Chairman Johnson said the tlanning Commission was not asking for building plans at this time. They are askin� for a development plan at Tentative Map time and for the applicant to plan his development around one entrance-exit at Stevens Creek Boulevard. Moved by Comm. Frolieh, seconded by Comm. Horgan, that the P1an- ning Commission's position be changed to: 1-12 Standard Conditions. 13 A I7evelopment Plan as described in Conditio.n 13 of the previous Planning Commission Resolution No. 32o b2 re- required prior to puilding permit and/or subdivision of the property. AYES: Comm. Frolich, Hirshon, Horgan, Traeumer Johnson NAYES: Non2 Motion carried, 5-0 VIII NEW BUSINESS A. A Use Permit for a church issued in 1958 is now being r�- activated. Thz staff would like direction as to whether it should be readvertised. They were advised to handle it in the regular way. B.. The Department of Public Works asked whether the Planning Commission would agree to hold hearings on the plan lines for Stevens Creek Boulevarcl, and if the Planning Director may adver- � tise thi's for the next regular meeting. So moved by Comm. Frolich, seconded by Cornm. Hirshon. Motion carried, 5-0 IX ADJOURNMENT It was unanimously agreed to adjourn the meeting at 11:40 p.m. � ATTEST: APPROVED: y� F f ' . . r' � r� �� �� +�'(�~ n / - i..� . �. . . ',/� Adde Laurin Robert Johnson Director of Planning Chairman -12- 80,000.� 1-z--65 APPENDIX A to the Minutes of the Planning Commission Meeting March 28 1966 G 0 P Y CUPERTINO REALTY 8c INSURANCE AGENCY Don 0. Bandley 10054 South Highway �9 - P.O. Box 191 Cupertino, California Telephone: ALpine 2-- March 28, 1966 The Honorable City Planning Commission City of Cupertino Cupertino, California Gentlemen: As this Commission knows full well, plans would be submitted at time of sub-dividing or at time of request for any build- ing permitN on said property; it is an unnecessary condition ► to be imposed on the applicant who is under contract to pur- chase, to clemand plans prior to zoning and is requesting only normal zoning conditions. As all past commercial re- � zoning on Stevens Creel� Blvd. have been so granted. I only wish to further emphasize the facts in this matter are such that only normal standard corzditions are accept- � able to the applicant, Valley Title Company, if they are to consumate the purchase of said property. We agree with Council that development plans will be submitteci prior to development and/or sub-dividing. Respectfully submitted, /s/ ` Don 0. Bandley DOB/rb C 0 P Y i