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PC 12-11-72 CITY OF CUPERTIi`I0, STATE OF CALIFORNIA PC--csO 10300 Torre Avenue, Cupertino, Californi� Page 1 Telephone: 252-4505 MINUTES OF THE REGULAR ME�TI:�1G OF THE PLANNING CONL�IISSIOi1 HELD ON DECEMBER il, 1972 IN THE COUNCIL CH�i3ER, CITY HALL CIIPERTINO, CALIFOR'VIA SALUTE TO THE FLAG Chairman Buthenuth call.ed the meetin� to o:der at 7:36 . P.M, �aith the Salute to the Flag. ROLL CALL Conun. present : Ada�s , Gatto , Nellis , U' �eeie , Chairman Buthenuth Co�n, absent: None Staff present; Director of Ulanning and Develornent Sisk Assistant Citv Attorn2.v Terrv Associ.ate Planner Cowan Associate Engineer Whitten APPROVAL OF MI�IliTES: :�`inutes of Nove�ber 27, 1972 Meeting. On page 3, third paragraph, Camm. Nellis questione3 whether tne statements of the Assistant City Attorney �ae�e correct. The Assistant City Attorr�e;� a.s��.ec. ti�at the second sentence ��f that paragraph be �eleted. On page 4, paragraph 4, Cer.sn. 0'Z�eefe �aould like the record te show that he took the posir_�on tnat a viable piece of commercial property would not be affected Moved by Comm. Nellis, secotided by Co�m. Adams to approve the Nov, 27 "iinute; rSinutes of Nove�ber 27, 1972, as corrected. a�^� as cor.rected Nlotion carried, 5-0 POSTPONEMENTS: Public Hearing to cor�si3er establishment r�* precise street plan lines ±or Stevens Creek Blvd. from Bubb Road to westerly City bcundaries. The Planning Director asked that this matter be continued, and to be readvertised in about two months. ?C-80 • �L�fINUtES OF THE DECE:�BER 11, 1972, PLANIvING COMi�1ISSI0N P�IEETING P�.ge 2 ?reci_se street P�loved by Comm. 0 seconded by Comm. Adams to take off calendar �lans taken off iter;� 2: precise street plan lines for Stevens Creek Blvd. from Bubb calendar Road to westerly City beundaries. :�otion carried, 5-0 WRITTEN CO.��li:1ICATIONS : There were none. ORAL CO�IU�,TICATIONS : There were none. PUBLIC HEARINGS: 1. CITY OF CUPERTINO: Public Hearing to consider the land use ele~�ent of_ the 1964 general plan and consider am�ndments thereto. The Planning Director said the Plann Department has been in consulta- tion caith the ne�a consultar�t on th�s matter and would like to have it continued to Decen�ber 28th. �and Us� E�ement;;1oved by Co� Adams, seconded by Comm. 0'Keefe to continue the land cntinued to iuse element to December 28, 1972. ��c. 28th � Motion carried, 5-0 2. CITY OF CUPERTIIVTO: Public Hearing to con�ider establish�:ent of precise street plan lines for Stevens Creek 31vd. fr�m Bubb Road to the westerly City boundaries. First Hearing continued. This was taken off caiendar at tne beginning of the meeting. 3. Amendment to Planned Development zoning ordinances 255 a�zd 256 (applications 20-Z-63 and 21-Z-63): VALLCQ PARI�, LTD., request to amend the most currently approved land use ma�s to change the designation of t�aenty-three (23) acres located at the southeast quadrant of Interstate Route 280 and ?volfe Road from light industrial to commercial and pref�ssional office use, and the designation of nine (9) acres of commercial and eleven (11; acres �f professional office and related lig,ht industrial uses located �vitha_n the southeast qualrant of Interstate 280 and Pruneridoe Avenue to a combined t���enty (20) acre c.ommercial/professior_al off�.ce/lignt industrial use. First Hearing continued. 1 • MINUTES OF THE DECEMP,ER 11, 1972, PLA?dNING CO�IISSION P�IF.ETING PC-80 Page 3 The Planning Director sa�d this matter shculd be continued until after the Dece:_:ber 18th City Council meeting, based on the action taken by the Planning Comtr:issicn at tneir last meeting. rir. :dalter Ward, Vallco Park General Tianager, agreed with this. Moved by Comm. Nellis, seconded by Com*�. Adams to continue amer.d- PD Ord. 255 & ment to PD Zoning Ordinances 255 and 256 to Dece:-�ber 28, 1972. 256 continued to Dec. 28tn rlotion carried, 5-0 . 4. Application 19-Z-i2 of STEP�EN GAZZERA, JR. for rezoning approximately .14+ acre from R1-10 (Residential, single-fanily, 10,000 sq. ft. per dwelling unit} and approxiMately .36+ acre from R3-2.2 (Residentiai, multiple, 2,20Q sq. ft. oer d�.aelling� unit) to CG (General Comr.iercial). Saz3 prep�rty is located approximately 170 feet southerly of Stevens Creek 31vd. and � approx�mately 200 feet easterly of Blaney Avenue. F 'l�jt } Hearing continued. � Colored slides and the zenin� map ��.ere dis�layed. The Associate ,Plan-�ing staff'� � Planner said the existing zonin� boundaries on the property are 'state� the r.esult of earlier County strip ze�ing pra.ctices and as a resulti are not relevant. The staff feels the applica^Lt`s re?uest tc � use the property as a parking facility is valid, particularly in view of the off-street parkin� problem curren*_ly plaguing the restaurant. This is a landlocked area. The property is bisected by two residential zones. The rezoning of the property ;s not counter to the intent of the Planning Com'nissian's reco.::.�endat�on to place specitic properties within a holding zone. Mr. Stephen Gazzera, 3r. said he has been landlord of this restau-' Applicant willi rant since 1963. It has been out of business a?proximately six to put all m�nths. ''hen in business, the parking has been congested. park�ng in one He answered Ccm:n. Nellis that he would be willing to put all the parcel property within one parcel. Mr. Victor Dervin, 10109 riello Place, said he purchased adjoining Neighbo�in� property about one year ago with the understanding the subject resident property was a buffer zone between residential and comnercial. objects He feels that making this into a parking area titi�ould affect the value of his property. i'C-80 MINUTES OF THE DECE:`1�F:R 11, 1972 YLAidIV'ING COMMISSION MP,ETING i'age 4 St:udy entire Mr. Gilbert Gross 10118 riello Place, was also concerned about the area first proposed rezoning. He Feels the present zoni_ng rlakes a good buffer zone. He was concerned that other adjo�rizn� resi_riential property would eventuall.y become co:nmercial also. :ie fe1.t the entire area shculd be studied before a�leterm�nat�en is r.iade here. Applicant's �:Sr. Gazzera said what presently exists on the property is unfortunate. Lebuttal In the past, this restaura^t has serviced t.�e Cha::ber oi Cor�nerce and other service organizations. These functions quite often mean _ � each patron comes in his or her own car. �e suggested the gro�osed im�provements �aould ennance the area rather than detract fro~� it. (He aga�.n brought u� the fact that this propert}• is landlocked. If this property were to be used as a buffer, then presumable it will have a home built on it at the rear of the existing restaurant, by the garbage cans, etc. This ��ould not be a desirab�e situation. He added that he _s prepared to cooperate ��ith the City in any �aay �as to landscap'_ng, etc. Mr. Gazzera said the 4:1 parking rat�o is inadequate. �Ie said 3:1 would also be inadequate. Ot'tier property } Com.m. 0'Keefe noted that approval of this requesL �aould divide a cwners not �parcel fronting on Stevens Creek Blvd. fror.l that on Blaney Avenue. interested 'He �aould like to see a study of the overall area oefore a decision is made. Mr. Gazzera said he has approached the ot^er �roperty owners and thPy are not interested. Comm. Gatto said the noise, lights, etc. of the restaurant at Iate • hours also indicate this �aould not be a desirable residential lot. 1'�asonry wall :1r. Gazzera answered Comr.i. Adams that this pro�erty would allo�a & landscaping 40 extra park�ng spaces in addition to landscaping. F-Ie is prepared • to put in a Tnasonry -�:a11 ar.3 planter with large trees or shrubs. He said he �aill be losing some of the park in the front of the restaurant. 2J' buffer :�Ir. Gazzera answered Cor�r.i. Gatto that he would be Tailling t� put in a zone C�K`d 20' buff2r zone. Consider facts Chairman ButY:enuth asked the City Attorney, in light of t'�e Plannin� & ingenuity of Cor�unissior.'s re�ommendation to the City Council regarding the moratoriun the proposal on undeveloped property, how this property should be handled, even though it was not included specifically in the recommendation, The Assistant Citv Attorney s�icl the Commission snould look at the facts and the ingenuity of the case and maice a determinaticn whether or not this is an appropriate use of the property. MINUTES OF THE DECEiSBER ll., 1972 PLA1tiNI.1G COM:iISSION MEEZ'ING PC-80 Page S Mr. Gazzera asked that the entire property be considered for its highest and best use. rloved Uy Comsn. 0'i�eefe, seconded by Comm. Nellis to close the Publ�c Hear�_ng Public Hearing. closed Motion carried, S-0 Comm. 0'I�eefe felt that the fundamental �uestion before the . Commission �aas �ahether or not they were wiliing to consider piecemeal rezonings. Cor.im. Gatto f�lt the ma�n issue here was to maintain the integrity Screen t:�p of the neigizborhood. About four different ownerships had to be parkin; 1.ot considered here. He would be in favor of some screening of the parking 1ot rather than go into a study of the entire area at this ti�e. Comm. Adams noted a masonry wall c�ill be required on all thre� Defer masonry sides of the property. The PlanninQ Director said the 'rI-Centrel svall on east s_ Committee might want to consider deferring t�e masonr}�T�?all along � the easterly property line. Comm. Nellis.said the problems here are philosophical. At the ?�?hat about last Planning Commission meeting all vacant commercial property Znter�r� � were recommended to go into an interim zoning ordinance. Chairman Buthenuth noted that within four months the general plan ::iait f�r should be completed and the matter shoul.d be reconsidered at that � General Plan tire. Moved by Comm. Nellis, to deny application 19-Z-72 in view of the above comments. The motion died for lack of a seeond. Further discussion followed. Moved by Comm. N�llis, seconded by Comm. 0'Keefe to continue 19-Z-72 application 19-Z-72 to December 28, 1972, continued AYES: Comm. Adams, Gatto, Nellis,. 0'Keefe, Chairman Buthenuth NOES: None Motion carried, S-0 �%�-�gQ ,MINUTES OF THE DECEP�IBER 11, 1972. PLANNIi1G CO'.1MISSION MEETING 'r` a g e 6 5. Application 19-U-72 of NAREDEL OF CALIFORN�A, INC., to construct a market, drug store, ancl ather retaii sl�c.ps �aithin a P (Planned Development with Com�ercial. Intent) Zone. Said property is located in the north�.:est quadrant of ttie intersection of Stelling Road and Stevens Cre��c �1vd. First Hearing. Per the staff report of Decenber 8, 1972, the Planninx Department recorrsnended that t'nis application be continued until after the December 1.8t:� City Ceuncil meeting since this application has been recommended for inclusion in the �nterim studv zone. � ;1r. Bary Gilbert, Vice President of Naredel of California, Inc., Los Angeles, asked to be allo:��ed to nake their presentation at this j meeting, in vieea of the time and expense involved in i.ts presentation. � The Planning Director said the applicant had been notified of the �Planning Commission's recommendation to the City Council, and the ;probability of a continuance because of it. I IMr. Gilbert said they would like corunents f.ror.m the Planning Commission �as to concept and �ahether or not it .�ould fit znto this community. l yJhen he learned that the Planning CoTM�mission did not f�el they could comment at all on the presentation and, therefore, it --ould be po-ntless to see the presentation, he aslced if he could go d=�rectly to the Cit� Council. Comm. Nellis said the staff has not vet had a chance to look at the plans ner make their com.ment. 19-U-72 �Ioved by Cor.un. Nellis, seconded by Conun. 0'Keefe to continue application cor.tinued to 19-U-72 to December 28, 1972. �ec. 28th Mr. Ira Buxbaum, architect of the project, ;vanted to show the slides to fat least give the Commission some idea ot the euality of the proposal. Comni. Nellis and 0'heefe did not choose to �aithdra:� the motion nor the second to the motion. AYES : Comm. Gat to , Nellis , 0' Keef e PdOES: Comm. Adams, Chairman Buthenuth liotion carried, 3-2 6. Application 5-V-72 of ti•�ILLIA.�? M. McGUIRE, JR. , for variance to Section 86.2 of the Agricultural-Residential Ordinance 220(i) to reduce the acreage requirement for use of on-site se��age disposal systen from 4.9 acres to a lesser area to be deterniined upon the future desi.gn and dedication of a portion of Regnart Road. Said property is in a A1-43 (AJricultural-Resi�ent:ia]_, si.ngle-fa:nily, one-acre lots) zone and is located on ?tegnart Road approximately . 4,000 feet southwest of the intersection of Regnart Road and Lindy Lane (Assessor's Parcel 366-1-10). First Hearing. 1`•1IN�.JTES OF THE DECE:�InER 11 , 1972 PLA��`INING C0�`1MISSION MEETING YC-80 Page 7 The Planning Director said the question before *_he Planning Can build home Commission is �•rhether or not to allo��r a septic tar.k on 4.7 acres. on 5 acres The A1-43 ordinance stipulates that al.l development occuring on parcels of less than 4.9 acres must be connected to a sanitary sewer line. This property falls �•:ithin the interim zone ��,hich says you can build if you have 5 acres. The applicant actually has 5 gross acres. The variance request is to allo:o a septic tank. The Director said a septic tank permit has actually been issued on the property. ��r. y�ll ilc�uir�, 1U421 Piiar Laa Dri.ve, �aid there is �a Iot split [dants to build involved here. There is a serious financial hardship since they ;:-ithin 1 year purchased this lot to buzld on and live on �ti�ithin one year. Mr. McGuire agreed to the follot•rin� condition proposed by Staf.f : Applicant �r�il1 "The applicant shall connect �aith a sanitar�T sewer syste?n join LID --�hen at such time said se���er system �s available to t`ie subiect �rop4rt,�.avai__able The agplicant snall participate in a iocal improvemant d�strict ( relative to costs involved in the provision of a sanitary seiaer system at sucn time as said district �s formed." � Chairman Buthenuth asked for comments from the audience. There �aere none. Chairman Buthenuth cor.�mented that hav�ng to �ut in a few thousand feet of sewer line �aould be quite a hardship. �ioved by Comm. Gatto, seconded by Comr.t. Nellis to close the Public Public Nearinc Hearing, closed Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the 5-V-72 City Council application 5-V-72, because of the location of the aperoved parcel from an available hook-up to the sewer line, and ca�th the �a/cor.ditions amended condition that the applicant shall connect GIlCl7 the sanita�v sewer system �ahen it becomes available, and shall participGte in the local improvemenr distr�ct for this purpose. AYES: Comm. Adams, Gatto, Nellis, 0`Keefe, Chairman Buthenuth NOES: None riotion carried, S-0 The Chairr.ian called a recess at 9:10 P.M. The meeting reco m�ened at 9:23 P.M. ?'C-80 . �fINUTES OF THE DECEM3FR 17 , 1972 PLANNING CO��'IISSlON MEETING Yage g UNFINIS�iED BUSINF.SS Goals Committee R�eport Judy Cooper , Chairman of t'rae Goal.s Comni�_ttee � sa;_d the rApor_ t sub?nitted to the Planning Commissioners came out of one of the sub-groups and is zn rough form. It Taas their feeling the Commissioners mig=.t want to read througn it and make comment before it is finalized, t•1rs. Cooper said she expects to have the entire goals repert in final form in Februar_y. UC will comment Chairman L�uthenuti� :aould like to defer his comments until the report zs on fizial report �finalized to avoid dupl.icatior� of effort. He further suggested that members of the Goals Committee come to Plann�ng Comr.iissio_1 meetings and r.iake comment as elements ot the general plan are discussed. Comm. Gatto felt the Steering committee should have a chance to refine the goals report some�anat before submitting it to the Planning Commission. Time table of Mrs. Cooper said the Goals Com�ittee is ask.ing for sor.:e kind of time table non-general for non-general plan items up for discussion. She sa�d the_y will submit pl.an items the land use ite�s to the Planning Commission ,ohen the Cornr.i�ssion is re�uested working on this element. NET�J BUSINESS : None REPORT OF PLA:INING COTI�IISSION P.G. & E. Comra. Nellis asked about the status of the P.G. & E. to�ti�ers. The towers Planning D�rector said the City Council as�ed the staff to study this along with the open space element. At a�eeting caith a P.G. & E. representative from San Franciaco it ��as broug:�t out that :,�e should talk about specific towers and ho�v they affect residential areas. Hillside Comm. Nellis brought the Planning Commission up to date on the Hillside Subcommittee Subco:r.mittee matters. Four alternate maps T�ere �resented t� t�e County ranging from optimum open space with minimal residential use to the least amount of open space and maximum residential use. Seven Springs Rar.ch and the Catholic Church property were among those sho:,.ing maximum residential opportur.iCy, and the Monte Bello Ridge area appears to be coming out taith very low residential use, T�ao things spoken to most were residential use and publicly ot��ned open space. Residential uses were all in the low foothills. She said they are going to ask for a one-year extension. They plan to ask all the cities for input for their study. { � � `IT`;'i"i:� !li' '1'.�I' ?±..�,_:�i�'�1�. i'_, ?�'7? �t':.,.,,;1., (;i,���i�'�S�IO`�� P�1!';:�1't:iG ' .'C `:"; . � .' � r. J `Li� � � I ('�>;�,�. :J�7l.i�; co'.�::eit±.��c': t i� i: ti�r ?� rtc�r tiler. .:_-ff ;:t_ ��,:t t:U tlie � �)l fl�j.` r't > (�.iLl('.1 �; (lll � i: _ :�iC.'IE.'T?: �,L ('17�.: .� L'JCj . I';;1�. ��.1"� . -.. V `fiOC;�. i � R_1�,i'i�;;��r �?i' ,�ii'. )'1.,���:... i1�1 t'_;�.C'i'Oc: � \o .•a�t��c i;_ j ( r"1i; � ,���.-. • �J:")ui�.v_.i�, ,';�. �10 ��a hy� C__,..... i'.�rLO, ,�,�: �d�-1 h� Co:��r,.. ��i�,_ , te acij ;u� �� t':�� i�?�j _>r.r:��_ , P.';�i_'.��.L'.1�� rO ..�!?I�I,_�iF S li_'CE �J L�/�. .:f?.._JI:p� _. �"(();_ c3t. I i'_C. :t7t`_ � : �� ✓ �� . -'1 . � . ,�I�t�on carr,_�.�1 , i-� � � ; i � � � � � APPROVED: � � � i • t /s/ Jorn W. Buthenuth i Chairman � ATTEST: � � /s/ Wm. E. Ryder � City Clerk I I • � � I