Loading...
PC 10-29-73 CITY OF CUPERTINO, STATE OF C�LIFORNIA PC-130 10300 Torre Avenue, Cupertino, Cal.ifornia 95014 Page 1 Telephone; 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLAidNING COMMISSION HELD ON OCTOBER 29, 1973, IN 'T1iE COliNCIL CHAMBER CITY HALL, CUPERTINO, CALIFOP.i�;IA SALUTE TO THE FLAG Chairman Buthenuth called the meeting to order at 7:35 P.M, with the Salute to the Flag. ROLL CALL Comm. present: Adams, Gatto, Nellis, 0'Keefe, Chairman Buthenuth Comm. absenC: None � Staff present: Director of Planning and Develop�nent Sisk Director of Public Zdorks Viskovich Associate Planner Cowan Assistant City Attorney Ki;.ian From Santa Clara County Flood Control and Water District: Messrs. Wolfe and Richardson ELECTION OF CHAIP.MAN AND VICE CHAIRMAN Moved by Comm. Nellis, seconded by Comm. Gatto that Comm. 0'Keefe be made Chairman. Moved by Comm. Adams, seconded by Comm. Gatto that the nominations be closed. AYES: Comm. Adams, Gatto, Nellis, 0'Keefe, Chairman Buthenuth NOES: None Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Buthenuth that Comm. Nelli be made Vice-Chairman. � Moved by Comm. Gatto, seconded by Comm. Adams to close the nominations. AY�,S : Comm . Adams , Gatto , Buthenuth , Chairman 0' Keef e NOES: None . ABSTFINED: Comm. Nellis Motion carried, 4-0-1 �C-130 INUTES OF THE OCTOBER 29, 1973 PLANNING COr1MISSION MEETING °age 2 Comm. Nellis spoke on behalf of the rest of the Commission in expressing thanks to retiring Chaircnan Buthenuth.who chaired this Commission during a very difficult year and one half. APPROVAL OF MINUTES: September 24, 1973 Page 9, paragraph 7, on second and third lines, remove the words "and the present high storage tanks will be removed." Moved by Comm. Nellis, seconded by Comm. Gatto to approve the . r4inutes of September 24, 1973 as corrected. Motion curried, 5-0 POSTPONEMENTS: Item 8- Application 15-TM-73 - Measurex Corporatian to meeting of November 12, 1973 (staff request) � Item 7- Application 1$-U-73 - S.H.A.R.E., Inc. (applicant's request) 15-TM-i3 and Meved by Comm. Buther�uth, seconded by Comm. Adams to continue appli_cations �8-U -73 15-TM-73 and ]_8-U-73 to November 12, 1973 . postgoned to November 12 Motion carried, 5-0 WRITTEN COMMUNICATIONS Chairman 0'Keefe ackno�aledged a letter addressed to Chairman Buthenuth from Mrs. Dorothy Varian. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 1. CITY OF CUPERTINO: Public Hearing to consider 1973 Comprehensive General Plan. First tiearing continued. NOTE: The above puhlic hear.ing snall last until 9:00 P.M. MINUT�S OF THE OCTOBER 29, 1973 PLANNING COMMISSION MEETING PC-130 Page 3 The Planning Director said this «ill be a continuation of the discussion on the flood plain. There was a display of maps on the bulletin board sho�ing the alternate plans for the flood plain. Chairman 0`Keefe quoted portions of page 4 of the October 26th sraff report in reference to the Cobey-Alquist Flood Plain Manage- ment Act of 1967 which, in essence, said that if the City of Cupertino does not act with respect to the development of flood plain regula�ions for Stevens Creek, the Santa Clara County Flood Control District would have the power to adopt and enforce regu- lations. The Assistant City Attorney said it is the opinion of the City Attorney that equal land shall be treated equally under the law. Should the Planning CommisGion decide to treat one area of the Fl.00d Plain in a modified way and another area in another way"we could run into legal problems. Some areas could be designated open space and �e treated as natural flood plain. Chairman 0'Keefe asked for comments from the audience. Mr. Louis Stocklmeir� 22120 Stevens Creek Blvd., Cupertino, said he is concerned tha� the ecology of the flood plain area might be upset. It is his opinion that chances of the lOQ year flood are remote. Mr. Stocklmeir was very disappointed in all three of thz proposed alternate plans by the District. They would deface the general landscape of the area. He gave comparative examples of what could happen if a basin were put in the area of Blackberry Farm and if the water regulation were put above the dam. Mr. Stocklmeir said we are living in earthquake country and he believes iC would make more sense economically and safetywise to regulate the water above the dam. He then compared the 1971 earthquake in San Fernando Valley with what could happen here. Mr. Stocklmeir said he has maintai.ned open space on his property for 75 years. He is in favor of open space, but a matter of economics enters in here, also. He felt there should be some compromise so that a portion of his property could be developed and some open space could be maintained in the area along the creek. He would lilce to keep about 3.5 acres around his home. He proposed a filling in and/or grading of a portion of the lower area for a few homes. He suggested the Planning Commissioners visit the site so he could, first hand, explain his plan. � M�. Stncklmeir submitted some pictures of a 6.6 (Richter Scale) earthquake. . PC-130 MINLTT�S OF T1iE OCTOBER 29, 1973 PLANNING CO?�1MISSION MEETING Page 4 Attorney Sam Anderson, representj.ng Mr. Stocklmeir, said he had raised a point at tlie last meeting thaC he wanted to follow up on at this time. He said the Con�titution af the State of California provides that a city must provide a charter for intra-city mat�ers. We also }�ave a State Planning Act. Cupertir.a is a Genzral Law city, which means it receives its poraers from the State Legislature. Cupertino, therefore, is limited in its activities by the State Planning Act. There have been amendments to this Act. Open Space and recreation areas have been added as an amendment. I� was his opinion that the Cobey-Alquist Flood Plain Management Act of 1967 was designed more for Charter Ciries than General Laea Ci�ies. It is his belief that it is ttie duty of the F1ood Control Dis�Crict to obtain the flood plain property. No two pieces of land are the same, so he coulc� see no reasan why this �ody can treat �11 land tne same. Mr. Ray Crump, of Ward Crump Developers, P.O. Box 634, Cupertino, said he wanted to correct sQme intormation from the last meeting. He saic� their property is not in tha open space element. Th�re wsre no further comments fr�m the audience. Th� Assi�tant City AtLorney anstvered that, in light of the above comznents, his cpinion sti1.1 star,ds. The Government Cade, Section 6.65 provie�es :Eor open space for public health, for flood plains. We are talking about land use here. This is a Generai Law City. Acc�rding t� Attorn�y Anderson, we t�rould have to stop all hearings on this. It ��ould be designated on the General Plan as oper. space. Uses can be permitted in this open space. 'The City Attorney's Office is prepared to def end the C�ty's decision Un treating simil.ar properties similarly. Comm. Buthen�th said the maj�rity of this land is in commer.cial/rec- reational uses, and he was ccnsidering m�difying the proposal. The Assis�an�C City A�torney advisEd the Planning Commission's decision cannot be couched in term� of economics, but rather in terms of land planning. Comm. Gatto asked how this differs from different zones placed on contiguous properties. Tne Assistant City Attorney said you must have a good reason, based on planning, for zoning different areas of tlie flood plain differently. Comm. Gat�o asked what effect� downstream wnuld be created by the modified p�.an. Mr. Ric�ardsan said the.re would be no great difference. If you have a total flood plain up�trezm you would have a different transition. Comm. Adams said he �caould be in favor of establ�.shing thP limits of the flood plain and zoning if open space or sa_mi.lar zoning to restrict t�ousing were instituted. He agrees taith the 100 ��ear flood standard. Also, he thinks the earthquake po�ential supports Chis �h:inking. MINUTES OF THE OCTOBER 29, 1973 PLt�NNING COMMISSION MEETING PC-130 Page 5 Mr. Richardson answered Comm. Nellis that the innundation map is being studied by the State. It is based on an instantaneous failure of Stevens Creek. He noted there is a distinct hill on both sides of tihe creek at about McClellan Road, Comm. Nellis said that as far as flood plain zoning is concerned, she feels the tool heing used by the District is being used widely. As to modification of this flood channel, she feels that what is being aslced by the property owners is to have the public pay for modifications so that their land is buildable. There are suffi- cient legal reasons for zoning this flood plain. She is also concerned about downstream, and is very pleased the District has been discussing how to protect downstream as well as upstream. She would be in favor of adopting a flood plain which would cover the 100 year flood area. Chairman 0'Keefe asked if the District is taking the secondary dam into consideration. Mr. Richardson said it is not mentioned in the staff report. However, the District is looking at a small retarding basin above Stevens Creek Blvd. They have decided there is not sufficient storage area here to control the 100 year flood. It appears at this time Chat is not ar. altPrnate that is feasible. As you move up closer to Stevens Creek dam you get a better storage relationship. This is more feasible, but it is also more costly. They believe the channel alternate is more feasible than additional storage. It is likely that the ne;a dam would also be damaged by the same earthquake as the present Stevens Creek dam. He added that these dams are inspected regularly and are considere safe. Mr. Richardson answered Chairman 0'Keefe that the proposed flood plain would not be adequate to deal with instantaneous failure of the dam. Chairman 0'Keefe noted that in Italy where a dam failed recently that they had constructed secandary dams. Comm. Gatto felt that the real question was how much you can do . to this natural flood plain and still protect the life and limb of the people. He would like to put a flood plain overlay on the area designated by the District as 100 year flood area and then establish thz zoning. The Ordinance would state the property falling within the flood plain pur.view would have certain permiss- able uses. He referred to the Gilroy Ordinance as an example. He would be against a strict s complete L�an on development �aithin a flood plain area. He could envision residential on higher ground and parking and garages below, for example. PC-130 MINUTES OF THE UCTOBER 29, 1973 PL�dNING COMt4ISSI0N MEETING Page 6 Comm. Buthenuth was in favor of open space with permitted uses in the fJ_ood plain. He said he can see some modifications of the typical flood plain, althfl ugh that will prohably he discounted because of the � City Attorney"s earlier remarks. Comm. Nellis said she could envision a floodway district and some permitted uses within �t. She said Comm. Gatto's suggestion could be included in this. She does not believe suggestions should be made that enormous amounts of mor�ey should be used to make some of this land buildable. On the other hand, if the de�eloper is �villing to do these modifications -- that, too, is a grey area. She asked if there could be minor f ill and grading to�Make property buildable. Mr. Richardson said this could be in some areas, but there are others that, based on health, safety and welfare, should have restricted use. As you move farther away from the floodway, there could be some minor fill and grading. Comm. Adams felt Chat it would be difficult to know just where to draw the line. The Assistant City Attorney said this could be handled similar to a use permit. The ordinance can be drawn up to include all properties. L'se permits would be granted on an individual basis, upon review. The Planning Director said the real question is whether the Planning Commission is willing to allow modification of the channel. Are we going tc a11ow the develope.rs to make modifications? Chairman 0'Keefe said it is importan� to remain flexiUle. He is very cor�cerned about seismic effect. He is in favor of fle�ibility of uses of this land. 100 year flood Moved by Comm. Nellis, seconded by Chairman 0'Keefe, that the area plain adopted designated as 100 year flood plain be a flood plain zone and appro- priate ordinances shall be drawn up for certain uses as discussed above. This :aill be designated on the General Plan as open space for ptzblic health, safety and caelfare and shall be implemented by zoning. Comm. Nellis is cor.cerned about seismic activity within the dam, or a landslide going into the dam and sending the water downstream and the possibility of floodi�zg downstream. The flood plain would act as a catch basin. She answered Comm. Buthenuth that the Crump property could poss�bly be a clus�er development with the lotiver portion desig- nated open space. She feels the basic uses in the flood plain should be recreational or agricultural. She answered Comm. Gatto that she saw nothing wrong with non-residential use of that portion of property that is partly in and partly out of the flood plain. Comm. Gatto said the ordinance then would have to provide for flexibility. AYES: Comm. Adams, Gatto, NeZlis, Buthenuth NOES: Chairman 0'Keefe Motion carrieci, 4-1 MINVrES OF THE QCTOBER 29, 1973 PLANNING COrIMISSION MEETING PC-130 Page 7 Moved by Comm. Nellis, seconded by Comm. Gatto to continue the Gen'1 Plan General Plan hearing to 7;00 P.l`4., November 6, 1973. hearing cont'd to Nov . 6 Motion carried, 5-0 Chairman 0`I:eefe called a recess at 9:20 P.M. The meeting recon- vened at 9:25 P.M. M�ved by Comm. Buthenuth, seconded by Comm. Gatto to have agenda Cembine hearin�s items 2 and 3 discussed concurrer�tly. on Iter.►s 2& 3 Motion carried, 5--0 2. CITY QF CUPERTINO: Public Hearing to consider Environmental Impact Report for expansion of Hewlett-Pacicard facilities located at the southeast corner of the intersection of Wolfe Road and Homestead Road. 3. Applicati.ons 11-U-73 and 11-TM-73 of HEWLETT-Pl�CKARD COMPANY: USE PERMIT to allow construction totaling 1,310,000 sq. ft. of light industrial space; TENTATIVE MAP to combine Parcels A and B consisting of 96.572 acres. Said property is within a P (Planned Development with light industrial intent) zone and is located at the southeast corner of the intersection of Homeste d Road and [�olfe Road. First Hearing. Mr. Joseph Ehrlich, 2470 El Camino Real, Palo Alto, of Ehrlich Heft & Rominger Architects, gave an overview of the project. He said this project caas previously discussed and it was decided that an EIR would be required. At one point, Hewlett-Pa.ckard purchased half of this property from Varian Assc�ciates. At the present time, buildings 40, 41 and 42 are constructed. The intention is ta phase the construction of the remainder of the buildings over the next ten years, with a total square footage of 1,3C6,700 -- cor.siderably less than was proposed and approved previousl.y fcr Varian Associates at this site. The landscaping and inner court tirill be consistent with HewleCt-Packard philosophy to accommodate the employees. There � will be a heavily landscaped berm around the perimeter to conceal the parking lot PC-130 MINUTES OI' TH� OCTOBER 29, 1973 PLILNNING COPIMISSION MEETING Page 8 'The Planning Director answered Comm, Gatto that Hewlett-Packard is aware there has heen a realignment of that signalized intersection , by the Hilton site. The D:irector of Public Works said that by eliminating , the drive�aay into Hewlett-Packard we are abl.e to provide left turns into the Hilton complex. Comm. Nellis noted ttiere will be 1000 more parking spaces than required by ordinance. She asked if they have found from past experience that the ordinance ratio is inadequate, tir. Ehrlich said it depends on the type of usage of the property. Hewlett-Pacicard has a high ec:iployee ratio. They do not believe the staggered work schedule will affect the parking spaces but it will �mprove the congested traffic. Cor.im. Adams wou.ld like to include this requirement for staggered work schedules on these two applications. The Director of Public Works answered Comm. Adams that his memo of October 16th delineates the phasing of this project. In the future, when the assessment district is formed, all Vallco Park will share in it. Chairman 0'Keefe noted that bicycles are becoming more popular. He asked if this plan is consi.dering the possibility of a change in transportation modes. Mr. Ehrlich said that as transportation modes change there will be this opportunity since this is a ten year program, If some ot the outlyir.g parking is not needed it will be advantageous to Hewlett-Packard to leave tnis in Iandscaping. They are not gcing to provide any more paving than is needed. The configuration of the parlcing lots encourage bike riding. The entire design of the Iot provides off-site stacking lanes and reduces strai_giitaways to keep the vehicle speed down. - 'The Associate Planner ans�aered Chairman 0'Keefe that the City Council has asked H-Control to look at the matter of bikes in regard to ccm- mercial developments. The Planning Director stated he had a len�thy discussian with the City Attorney on environmental impact assessrnent. It was established that the EtR will be reviewed at the City Cauncii level. It is not necessary for the Planning Commission to hold a forMal hearinQ on the EIR. U.R.�. Research Corporation of Menlo Park has beFn retained by the City Council. Mr. Milton Stockman, of U.R.S., said he was responsible for the manage- ment and coordination of tr.is �IR. He summar�zed ttie more salient features with regard to air quality impacts, construction impacts on air quaiity, etc. He said a good deal of particulates will be generated during gradinb, but this will be re.stricted to the imniediate area. During the operGtional activiti.es there is the possibility that the particulate standards n�ight be viola�ed for very short periods of time. MINL'TES OF TH� OCTOBER 29, 1973 PLANNING COMMISSI�N P•1EETING PC-130 Page 9 In the area of noise during the construction phase, Mr. Stockman said there will be short times when the noise levels will be ex- ceeded. There may be complaints from residents along tiomestead Road. This is subjective. Some people are more tolerant of noise levels during the day than at night. The noise may reach the upper levels during peak coming and going times at the major intersectio . These problems will be pretty much mitigated with the staggered working schedules. Mr. Stockman said a good deal of the present wild life will dis- appear when construction begins. The projected traffic figures for the present and 1980 at the four major intersections have been studied. A signal will be required by 1980 at Pruneridge and Tantau, and the overcrossing at Tantau is going to be needed. The traffic accident volume will incr.ease due to the increased number of cars, whether or not Hewlett-Packar goes in . As to soci� economics, there will be a local expenditure of funds in excess of $1 million. The existing agriculture.activity *.oill disappear; this Y�usiness has been economically urLfeasible. By 1980, some additional 4Q00 employees with salaries in the order of $50 mil.lion will come into this area, putting out $2 million in taxes into the economy. Employment brought in will result in increased local spending, which includes the full spectrum of goods and services. He said $50 million in salaries results in $9 million in local sales. There have been three families living in this area who will be displaced. There is a cooperative effort here to provide alternat housing and employment for these people. The Director of Public Works reviewed Exhibit A of his October 16t memo in regard to what improvements �vill go in as development takes place. He said the staging has a monitoring effect on development. This is insured through Condition 17. Mr. J. G. Law, 3719 Carlson Circle, Palo Alto, of Hewlett-Packard, placed site plans on the board to qualify a point. He pointed out the t�ao different configurations of the committed square footage. He sho�aed what items must be completed before they can proceed to the next phase. . Comm. Nellis tiras anscaered by the Planning Director that the Use Permit approves the overall project. But they must come back for review of each of the phases. P�-130 MIIv'UTES OF THE OCTOBER 29, 1973 PLANNING COMMISSION MEETING Page 10 Mr. Burrel Leonard, 19165 Pruneridge Avenue, Cuper'tino, stated that he was appearing in his General rianagpr's stead, since he was ouC cf the State on business. He asked for a copy of the document tlie Director of Public Works was referring to. He said they are already building a portion of Vallco Parkway. They are in same discussions with iespect to further activity on Tantau. They are putting up the funds in advance for reimbursement later for the overcrossing, Mr. Leonard said any developer in his rigtit mind will proceed taith �.lacrity to make the project work. He has beer� connected with a number of LIn's. They are quite expensive. If the work is done directly i* cou7.d cost 25% less. He would like to see the language revised to allow for this. These matters usually zequire cooperation to get the job done and they �hould be given every opportunity to work t�iings out. There are plenty of assurances that these improvements will take place on time. Comm. Buthenuth asked Mr. Stoclanan if they took into consideration the . impact on the residential portion of Pruneridge. Mr. Stocl:r::an said there should b� a signal at Pruneridge and Tantau, �lso, there will. be some increase in the number ot accic�ents thaC will occur. There is no question about the ability for th� street to handle the tra£fi.c. At the fou� major intersectinns, the houses im*nedi.ately surrounding thes� areas thn HUD standards wauld say the noise levels at peak times will be unaccepCable by one or two decibels. Cor.un. �uthenuth asked Che Director of Public Works if the City should attempt to �1.leviate any problems �urith impact an the residential areas. He asked if th� traff:�c could go along some other s*reet than the residential pa of Pruneridge. Tk�e Director of Public Works said in.their studies they have found some impact on these residentiaJ. streets. The lanes on Pruneridge ar� sufficient to handle the traffic and triey lefL it at that. Comm. Buthenuth t,rould like the staff �o centact the Cit; of San�a Clara to investigate �yays of deverting the traffic from Pruneridge. The Director stated the Pruneridge is es�entiial to help handle the Valico Park traffic. P1r. 5tocicran answered Comm. Nellis ttiaC the most important house �f historical value taould be the Leonard home. Coma.. Nellis said another home on the site has beer. ident:ified ��n some ma�s. :1r. Leonard said he has already removed a house built in 188$; it was not feasible to move the structure. It F%as built relatively cY:eaply, and there is no _ place to move it. Mr. Leonard said he is prepa�ing an office f.or his " Fa"ther in the financial center and memorabilia t�rill be placed in there. He invited the Commissianer� to go and ,ee it. MINUTES OF THE OCTOBLR 29, 1973 PLANNING CO`Il�IISSION MEETING PC-130 Page 11 rir. Stockman answered Chairman 0'Keefe that in general, an indus- trial center like ttiis more than likely pays its �aay for the services offered, such as water, sanitary secaers, police and fire protection. Chairman 0`Keefe asked �ahat effect there will be on externalities, in terms of value of homes in the area, e*c. Mr. Stockman said that in general, tllis would be a trade off situation. If some degradation o£ property values should occur, this is an employment center and will make the property more attractive in other caays. Mr. Ehrlich said Hecalett-Packard has a facility not far from here, in Santa Clara that adjoins residential. It has increased the property values because people can live close to work and eliminat one car in the family. The Director of Pub,lic Works answered Comm. Gatto that the City ' has no objections if Vallco Park wants to bypass an LID. The City is int.erest�d in being assiired they ��aill get together and make the improvements as prescribed. If 100% of the property owners came beL the City and said they �aill put in the improve- ments, this could be in lieu of the LID. The Assistant City Attorney s�i� this will be put into the form of an agreement. If the LID is put into the agreement, the City can al�aays waive the LID if cooperation is received from all property owners. Chairman 0`Keefe said the incentive is upon the developer. If he caants to develop it would behoove him to get the other property owr�ers together to put in the improvements. The Assistant City Attorney said he can only assume the Planning Comnission and the City Council will act reasonably. The Director of Public Works said the City can say NO to tne applications until the improvement are put in. He said the principals sat down with the staff and worked out the schedule. They have grouped the developments into pacicages that must be completed before they can proceed to the next category. Mr. Law sug�ested a 30 to 90 day time limit in which the owners � must get together on their own or they will initiate an LID. Chairman 0'Keefe said the initiative is with the developers, but the controls must remain with the City. Comm. Nellis wanted the above m ade a part of Conditien 17 of 11- U-73. Comm. Adams wanted the staggered caork hours included in the conditions. Comm. �lellis she hcpes to see employers work with the City on this prohlem of peak traffic. She �aould like to see a more broad statement on this. PC-130 MINUTES OF THE OCTOBER 29, 1973 PLANNING COMMISSIUN MEETING Page 12 . Mr. Ehrlich said they have had staggered �ork hours for many years at Stanford Industrial Park to accommodate the employees, Making this a legal requirement c�rould be superfluous. Comm. Nelli_s does not believe the historical value of the home on the property has heen thoroughly addressed. For this reason she would like to see this matter continued. She would like some s�g- gestions from the staff on hora to deal with this if it is established this house has historical value. She would be sar_isfied if assured that the staff will look into this before it goes to the Council. Comm. Adams wanted to �nclude that Hewlett-Packar�' shall agree to participate in future agreemet�tG with the City to provide f�r wor?c shift movements to alleviate traffic problems. Moved by Comm. Gatto, seconded by Comm. Nellis to close the public hearing. Motion carried, 5-0 11-U-13 Moved by Con�m. Gatto, seconded by Comm. Adams to reco:nmen.d to the appiovecl City Council approval of application 11-U-73, subject to the I4 standard conditions, 15 as amen�led, 16, 17 as listed and 18 as stated by Comm. Ada�is. . • AYES : Comm. Adams , Bu�henuth, Ga*to , Nellis , Chairmaa 0'Keefe NOES: None Motion carried, S-0 MINUTE ORDER: Possible Moved by Comm. Nellis, s�c�nded by Comm. Adams to direct the staff historical to check into the historical value of any buildings oa the Hewlett-- bui.ldings Pack.ard site and report to the City Council simultaneously with these . applications. 1�Totion carried, 5-0 MINUT�S OF THE OCTO�ER 29, 1973 PLANNING COMMISSION MEETING PC-130 Page 13 Moved by Comm. Gatto, seconded by Comm. Adams to approve 11-TM-73 application 11-TM-73, subject to the 14 standard conditions, approved conditions 15 and 16 as listed, and condition 17 as amended. AYES : Comm . Adams , Buthenuth , Gat to , Nell is , Chairman 0' Keef e NOES: None Motion carried, 5-0 4. Application 13 of CITY OF CUPERTINO: REZONING 4.14 acres from P(Planned Development tirith mul_tiple use intended) zone to P(Planned Development with professional office and related commercial and quasi-public use intended) zone or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the northeast corner of the inter- section of Pacifica Drive and Torre Avenue. First Hearing, The Ylanning Director referred to his staff report of October 26th With the relocation of the City Hall site from its planned Highway 9 frontage site to its existing location, it would be difficult to integrate a residen.tial development into the existing offi.ce and civic center development pattern in the Town Center south of Rodrigues Avenue. Acquisition of this property was on the recent bond issue that failed, and the property owner has chosen to rezone this property to professional office. An environmental assessment has been done on this and a negative declaration was made on October 11, 1973. Chairman 0'Keefe asked for comments from the audience. There were none. Moved by Comm. Nellis, seconded by Comm. Gatto to close the � Public Hearing. � Motion carried, 5-0 Comm. Nellis asked if this application speaks to the intensity of this office use. The Planning Director said this will be d.is- cussed at Use Permit time. Moved by Comm. Nellis, seconded by Comm. Gatto to recommend to the City Council approval of application 13-Z-73. AYES: Comm. Adams, Butnenuth, Gatto, Nellis, Chairman 0'Keefe NOES: None Motion carried, 5-0 PC-130 MINUTES OF THE OCTOB�R 29, 1973 PLANNI.NG COP'Il�IISSION MEETING Page ]_4 5. Applications 11-Z-73 and 16-U 73 of FIRST CHRISTIAN G:IL'RCH OF CUPERTINO: REZONING 2. acres from R1-10 (Residential, single-Eamily, 10,000 sq. ft. per dc,relling unit) zone to Bt� (�uasi-Public Bui.lding) zone or whatever zone may be deemed . appropriate hy the Planning Commission; USE PERMIT to allow use of an existing bu:ilding for a preschool learning center. Said property is .lor_ated northerly oL and adjacent to Bollinger Road approximaCely 49Q feet westerly of Blaney Avenue. Fir�t Hearing. � The Associate Planner said the request is to utilize existing church facilities for a preschool facility. The staff felt that the 12r_d use was ideal from the point that we encourage preschool Qperators to use church facilities. The State Department of Social [�Telfare has tr�e responsibility of issuing a license for sucn activity and will insure that State requirements relative to indoor and outdoor space per student ratio are maintained as caell as sanitation and safety pr�uisions. Comm. Adams asked if the wall will b� constructed before the school �s in operation. Comm. Buthenuth said the State will insist on it. Chairman Q'Keefe asked for comi:zents from the audience. Mrs. Anita Lanstord, 373 ti�Test Rinion Avenue, said she is the Treasurer of the Church. She said she hacl nothing to add to thP Director's report other than the letter from the Attorney noting they have settled the matter of the wall. Moved by Comm. Adams, secor.ded by Comm. Gatto to close the Public Hearings . Nlotion carried, S-0 11�-Z�73 M�ved by Comm. Adams, seconded by Comm. Gatto to approve application appr.oved _ll--Z AYES: Comm. Adams, Buthenuth, Gatto, Nellis, Chairman 0'K.ee.fe ' NO�S: None Motion carried, 5-Q MINUTES OF THE OCTO�LR 29, 1973 PLANNING COT�MISSION PC-130 Page 15 , Moved by Comm. Adams, seconded by Comm. Gatto to appr.ove applica- 16-U-73 tion 16-U-73 with the 15 conditions outline.d in the staff report. approved AYES: Conun. Adams, Buthenuth, Gatto, Nellis, Chairman 0'Keefe NOES: None Motion carried, 5-0 6. Applications 12-Z-73 and 14-TM-73 of Mf1Y INVESTr1�NT CONIPANY (Martin L. Hall): REZONING 0.443 arres from R1-10 (Residential, single-family, 7_0,000 sq. ft. per dwelling unit) zone to R2-4.25 (Residential, dupler, 4,250 sq. ft, per dwelling unit) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE h1AP to d�vide 1.32 acres into three parcels. Said property is located southerly of and , adjacent to Rodrigues Avenue approximately 140 feet westerly of Blaney Avenue. First Hearing. The Associate Planner identified the 1.3 acres on the map. In the General Plan review, this property was established as 4-7.6 units per acre. The r.equest for an overall devel.opment plan for this area is a moot point now since about one year ago an appJ_ication was denied on this l�asis but the City Council approved it. The Associate Planner added that the staff would prefer not to have further development of flag lots, Comm. Nellis believes that access to that center portion on the map would be better from Rodri�ues rather than Blaney Avenue. These two parcels would be cutting off that access to Rodrigues. Comm. Adams said there is already access to the property via the deeds. Mr. Martin Hall, representing May Investment Company, said they have tried everything to acquire that bacic property. Mr. DiYalma has the property facing Blaney Avenue. He could give his daughter the existing driveway and then her home in the back would be on a dedicated and improved street. Along Rodrigues, they wanted to have the duplexes conform with each other. There will be 1.00' frontage for. each of four duplexes. This will set a pattern for Rodrigues. Comm. Gatto abstained fro� this applicati.on. Chairr.tan 0`Keefe asked for comments from the audience. There iaere none . PC-130 MINtJTES OF T1iI: OCTO�ER 29, 1973 PLANNING COMMISSION MEETING Page 16 Moved hy Comm, 1lellis, seconded hy Comm. Adams to close the Public �iearings . Motion carried, 5-0 1.2-Z-73 Moved by Comm. Buthenuth, seconded by Comm, Adams to recommend to approved the City Council approval of application 12-Z -73. AYES: Comm. Adams, Buthenut.h, Nellis, Chairman 0'Keefe N�JES ; None ABSTAINED: Comm. Ga�tto ' Niotion carried, 4-0-1 14-TM-73 Moved by Comm. Buthenut�i, seconded by Chairman 0'Keefe to recommend approved to the City Council approval of application 14-TM-73, subject to the 17 conditions listed :in the staff rep�rt. AYES: Comm. Adams, Buthenuth, Nellis, ChaiY 0'Keefe NOES: None ABSTAINED: Comm. Gatto Motion carried, 4-0-�1 7. Applicaticn 18-U-73 of S.H.A.R.E., INC.: USE PERMIT to modify the appraved development plan f.or the planned development to include a bank �aith a drive-up windo�a facility. Said propertv is within a P(Planned Development with professional office and commercial intent) zone and is located between Stevens Cr�ek Blvd. an� Alves Drive, approximately 150 feet westerly of Saich Way. First Hearing. i$-U-73 POSTPONED TO I�'OVEMBER 12 , 1973 . postpcned 8. Application 15 -TM-73 of NIEASUREX CORPORATION: TENTATIVE MAP to remove and re7_ocate parcel lines on a 17.187 acre parcel, 5aid property is within a PiL (Lignt Industrial) zone and is located at the northwest corn�r of the intersection of Bubb & McClellan Roads. First Hearing. 15-TM-73 POSTPONED TO NOVEI�IBER 12, 1973 post�oned MINUTES OF TFi� GCTOBER 29, ? 973 PLAN;IING CO;�IISSIO.I MEETING PC-130 � Page I7 UNFINISFIED BUSIid�SS : None _� NE�d BUS�NESS : None REPORT OF PLAIVNNING CO�fi�fISSZ��I: None REPORT OF PL[1�\NING DIR.ECTOR: Nor.e AI7JOUR;�riENT Moved by Comm, Gatto, seconded by Comm. Nellis to adjourn the meeting at 11:48 P.M. to 7 P.M. November 6, 1973. Motion carried, 5-0 " APPROVED: /s/ 3ohn W. Buthenuth Chair.man ��TTEST: /s/ Wm. E. Ryder � City Clerk