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PC 09-23-63 10321 S. SARATOGA-SUNNYVALE ROAD (City Hall) C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES FOR THE REGULAR MEETING OD' THE PLANNING COMMISSION, . ·~September 23, 1963 PLACE: Board Room, Cupertlno Elementary School District 10300 Vista Drive, Cupertino 252-4505 TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: Commissioners Present: Staff Present: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich City Attorney Anderson Assistant City Engineer Shoo~ MINUTES O~' THE PREVIOUS MEETING: Corrections: Page 3, third paragraph up from the bottom. Comm. Snyder stated that Mr. Churchill is the "renown" planner rather than "reknown." He also stated that the Cupertino Courier quoted the City Planner in that Monta Vista may have an "industr:J.al" rather than "commercial" development within 15-20 years. Chairman Frolich stated that in paragraph 1 on page 5, he wanted to clarify his statement in that the Ordinance re- quires a map be submitted. This tentative map was approved by the Planning Commission. He also wanted it clarified that Idlewild Green does not abut the Craft property. On page 6, paragraph 12, Chairman Frolich wanted to indicate that a copy of the Vallco Park application had been posted in the recreation area prior to the public hearing. In para- graph 13, Mr. Charles Clark's address should read 1784 Lark Lane, Sunnyvale. Mr. Epperson's Linnet Lane address is in Sunnyvale rather than Cupertino. On page 8, paragraph 7, it should be pointed out that land is gOing to be rezoned multiple rather than commercial. Regard- ing Mr. Parsley's petition, Chairman Frolich stated that all but one of the applicants were not near the area in question. Mrs. Parsley took the petition with her when she left. On page 9, the last motion, AYES were: Commissioners Adamo, Small, Snyder, Frolich; NAYS were: Commissioners Fitzgerald and Rampy; and Commissioner Leonard was absent. Comm. Snyder moved to approve the minutes as corrected. Comm. Rampy seconded. Motion carried, 7-0 III COMMUNICATIONS: A. Written (1) (2) (3) (4) Notice of Condominium Conference to be held 10/7/63 in Los Angeles, ... Agenda for the 9/18 County Planning Commission meet- ing and action of 9/4. List of subdivisions recorded in the County. Letter from Pioneer Roofing Company terminating their rezoning application. Comm. Fitzgerald moved to terminate the Pioneer Roofing Company's rezoning application and to refer the matter to the City Council. Comm. Snyder seconded. Motion passed, 7-0 B. Verbal -- none -l~ IV F.EARINGS A. ELL VEE CONSTRUCTION CO.: Appl. 91-2-63 to rezone 34 acres from A to R-24-H; bounded on the north by Stevens Creek Blvd., on the east by the lands of Foothill College, on the south by McClellan Road and on the west by the South- ern Pacific Railroad. Continued. (Annexation in progress) Mr. Ned Abrams reviewed the highlights of the study session . held the previous week. He stated the City Manager met with the County engineers regarding traffic. He indicated that the most desirable place to have the main street would be along the railroad. Chairman Frolich expressed great concern for the traffic prob- lem in this area so close to the college site and was pleased to hear the developer is willing to cooperate in trying to solve this problem before it is upon us. Stelling, McClellan, Bubb and a reactivated Mary Avenue will be main thoroughfares. One and off ramps to the West Valley Freeway are proposed a t McClellan Road. Chairman Frolich expressed a wish that people in this. area would come to the Planning Commission and City Council meetings and be heard because it will directly affect them. Comm. Fitzgerald wondered if the City Engineering Dept. had anything further to report and Mr. Shook stated there. was nothing to add. There were no comments from the audience. Comm. Snyder felt the Planning Commission can't keep playing this by ear and possibly conflicting with the preliminary general plan. In the past few months the Planning Commission has approved quite a bit of multiple zoning and Comm. Snyder feels it should take a close look at the proposed density as opposed to the recommended density in the Cupertlno area. T.his could be accomplished by markirigup a map with the existing and propoceddevelopments. Comm.Fitzgerald stated there does not appear to be a density problem in this area but the problem could come up elsewhere. Chairman Frolich pointed out that there is a chart in exist- ance relating to this very problem but that it needs to be brought up to date. He asked Mr. Shook if this could be accomplished. Mr. Abrams stated that .FHA in Washington has recently reduced the twon house maximum to 12 units to the acre as opposed to the pre- vious apartment house maximum of 25 units to the acre. He felt this would be a contributing factor in controlling the density since most f:l.nancing will supposedly go FHA on future developments. Comm. Snyder is also concerned that Cupertino has yet to have a large development of this kind materialize and wonders if all the problems which could arise have been anticipated and explored to alleviate, or at least minimize them. Comm. Leonard explained he had missed a couple of Planning Commissiorimeetings but had attended the study session and was aware of the serious traffic. problems which could ari.se. He, therefore, made the following motion: I. WHEREAS the existin~ road pattern in the vicinity of Bubb Road and McClellan Road is completely inadequate for even the present mix- ture of R-l and agricultural uses because of the following situa- tions: 1) Narrow two-lane paved strips without shoulders serving as Bubb; McClellan; and Stelling; and handling not over '1,000 cars an hour eastward and northward; 2) Narrow two-lane paved strip without shoulders -- McClellan -- . winding westward to .the Mtn. VW'. -Stevens Creek Road; and hand- ling perhaps 300 c.ars an hour; . 3) Narrow, substandard two-lane street --- Byrne Avenue -- running northward from McClellan to Stevens Creek Blvd.; and handlin~ perhaps 400 cars an hour; and, 2 II. WHEREAS the major road construction now planned through the area provides little or no local service for these reasons: 1) Plans announced so far for the West Valley Freeway provide only ~rade separation~ at McClellan and Bubb (rather than interchanges), which distinction means that said freeway when build will fail miserably in serving a landloclced area of about 2,000 acres; a land mass which could easily contain eight or ten thousand fanùlies owning more than 15,000 auto- mobiles; this density being possible with fully developed R-l; Junipero Serra, now building, is no factor in serving this area for the obvious reason that it cannot be reached except through existing bottlenecks; 2) There are no existing plans to develop the Southern Pacific right-of-way as a major thoroughfare at ground level grade to serve local traffic. People of good intention but limited information sometimes urge that if there is a traffic problem this solution will solve it -- the railroad tracle. This possible route is not currently planned as a street; on the contrary, the plan is to lceep it as a railroad; and III. WHEREAS other jurisdictions have done little or nothing to im~ prove arteries in their territories which would improve local traffic service in subject area as shown by these situations: IV. v. VI. 3) 1) Sunnyvale, Cupertino, the County and the Division of Highways show no progress in developing a badly needed north-south route along the line of t~ry Avenue and Bubb Road, despite the obvious need for such a direct route to the junior col- lege site on. the Euphrat property, and to the large residen- ti.al. area sou·chwarrj. from it. 2) San Jose has done nothing really decisive to date in tapping the trapped area, although the extension of Bollinger. Road westward from Highway 9, and the piece-mealing of Rainbow Drive may eventually do a little good; 3) The County has done next to nothing with Byrne Avenue, Orange Avenue, or Imperial Avenue to handle more traffic between McClellan and Stevens Creek Blvd.; and, WHEREAS the Consultant, worlcing on a Preliminary General Plan for Cupertino, has suggested the possibility of using light industrial zoning--and resulting higher values--as an eventual solution to certain local problems (including lack of traffic ci~culation) which problems either exist now, or are expected to develop in the Monta Vista area on both sides of the railroad track; said light industrial land use being one that commonly generates 20 to 40 cars per acre per shift, a traffic load the area is ill- prepared to handle at present; and, WHEREAS no applicant is as yet in sight willing to undertake the consolidation of plottage into industrial acreage; one who might subsequently make dedicatlons .or other arrangements for new major arteries to handle an expanded local traffic plus a considerable residential traffic wishing to pass on through the projected industrial area tò other destinations northward and eastward; and WHEREAS the current. applicants (who are exclusively interested in multiple and wholly disinterested in the industrial suggestion) do recognize the need for outlets to the north and east if their Gagliasso parcel is to reach its best potential, and have accord- ingly expressed these thoughts: 1) A willingness to dedicate land next to the railroad tracks for four lanes of traffic; some being their own traffic and some coming from areas beyond; the possibility existing of running three lanes one way and one the other, depending on which direction of flow dominates morning and night; -3- 2) A suggestion that traffic beyond could make better use of their new street if Bubb Road were bent across the railroad traclcs a bit south of !llcClellan so that a signal light with stacking lanes could control at McClellan just east of the tracks; 3) A suggestion that they might be in a position to secure the land for one loop of an interchange between McClellan and the West Valley Freeway; any provision for access on and off the projected freeway being a considerable help to the area's many traffic problems; 4) A suggestion that they would do their part in developing McClellan as a 90', 4-lane street provided plan .lines are established immediately making McClellan a 90' street from Byrne Avenue to Stelling Road, or beyond; and making Stelling Road subject to a 90' plan line from McClellan to Stevens Creek Blvd or beyond; - 5) A suggestion that existing structures on the south side of McCl€llan and the east side of Stelling might make it neces- sary to take most of the widening from the Euphrat orchard eartnarlced for use by the junior college district; and, VII. WHEREAS present owners are past their most active years and plead that their life expectancy scarcely permits their waiting for the ultimate re-do of the Manta Vista area; that they have a sound buyer if the annexation is concluded and the multiple zon- ing granted; and that they have no alternate buyer if these events fail; and, VIII. WHEREAS simple denial of the application on grounds that it is "premature", or would "lead to too much multiple" might be an easy way out for the moment, neither is a course of action that really comes to grips with the fundamental problem of 2,000 acres, much of which is in Cupertino; the underlying problem being road pattern or circulation; which problem is generally recognized as a major cornerstone of planning, the shirking of which is close to laziness or even intellectual cowardice; and, IX. WHEREAS referring our key problem back to the City Manager, or the Engineer, or the Council, or anyone else for that matter, asking for a report, may be a help in studying the problem, the Commission still has the duty to face the facts and the problems and make their recommendation; and, X. WHEREAS the immediate breaking of a crippling traffic bottleneck of long duration seems in the best interests of all concerned, even though part of a pacl~age to grant more multiple zoning, and despite the fact that any application for multiple anywhere is usually protested by at least a few people; and, XI. WHEREAS the Commission is well aware of its own hopes for the eventual development of a fine light industrial parle in the ap- proximate area of this application, and granting of multiple on the current application would reduce the acreage potential; a reduction that can perhaps be offset by adding like acreage of M-I-H elsewhere as has been suggested in a study session; and, XII. WHEREAS the Commission feels that the Consultant will concur with them in believing that the current long range large view for the ultimate solution near Monta Vista is impossible of attainment unless we now make a practical compromise to achieve a real break- through on road pattern which can be expanded; which same break-. through can be achieved now by holding applicants to what they say they will do to improve access to an area many times larger than the parcel they control. NOW THEREFORE BE IT RESOLVED that this Commission recommend the re- zoning applied for subject to the following conditions: 1 - 12) 13) Schedule B, the regular list of requirements; Dedication of land for a 4-lane 90' right-of-way; developer to provide the usual improvements for a 60' street paving what- ever width is recommended by the City Engineer to handle -h- . the trafflc developed by the multiple in this. project, but not less than the 40' which is normal for a 60' right-of-way; paving of the rest of the 90' ~¡idth to be by whatever formula is recommended by the City Enginee~ and adopted by the Council with respect to the through traffic which is hardly this developer's responsibility; l4) Reservation of any land these applicants control which could be used for a loop or a diamond or other configuration needed to provide some interchange of Bubb-Mcclellan traffic with the West Valley Freeway; 15) Filing of a tentative subdivision map clearly establishing the L~-lane through street; the plan line for McClellan and Stevens Creek Blvd.; and the reservation of land for a dia- mond 01:' loop; l6) Filing of improvement plans with the CUpertino Sanitary District so they may obtain any easements needed for district trunks; 17) And everything else the Commission considers a necessary condition.. . BE IT FURTHER RESOLVED that it is the view of this Commission that these matters are of sufficient importance to be brought to the atten- tion of other agencies and persons, and that a copy of this resolution be sent to them for their study and comment, and with high hopes for their fullest cooperation in solving a ¡motty problem which is plagu- ing all of us alike: 1) City Engineer of Cupertino, with particular reference to plan lines for 90' sections for McClellan and Stelling where he feels appro- priatewithin Cupertino boundaries; 2) Head of the Department of Public Works, Santa Clara County, with particular reference to the need for further study of the need for interchanges on the West Valley Freeway to serve the area in question, and with the hope that by concgrted effort p~oper repre- sentations can be made to the Division of Highways before design is complete and contracts let; 3) Division of Highways, as a preliminary indication that a recom- mendation will probably be developed after the various jurisdic- tions have studied the problem and agreed on a preferréd solution; 4) Board of Trustees of Foothill Junior College, with particular reference to the fact that their use will generate a lot of traf- fic from all sides, and that it would not be realistic to ignore very real problems at their back door, or to argue that someone else would have to surrender whatever land is required to solve a public need; 5) City Engineer of San Jose, with an earnest request for any guidance they may offer based on plans and studies not yet announced with respect to the work they hope to do within their boundaries which would help circulation in this particular area; 6) Other owners of undeveloped property on both sides of the railroad track from McClellan to Homestead, with reference to the fact that their holdings present comparable difficulties which same can perhaps be solved a bit sooner by a concerted effort at this time. Comm. Small seconded the motion. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich Motion carried, 7-0 Mr. Abràms indicated he took no exception to this motion. Comm. Fitzgerald moved to have a copy of this motion prepared and sent to the City Council as soon as possible. CQmm. Small seconded. Motion passed, 7-0 -5- B. DONALD A. EXCELL: Appl. 85-2-63 to rezone approximately ll.037 acres from A-2:B-4 to P-O-H (2.287 acres) and R-24-H (8.75 acres); on the west side of Highway 9, 450' south of Homestead Road. Second Hearing. Tentative map. 3 lots. (Appl. 25-TM-63). Mr. Gene ~ñstin presented the tentative map for garden apart- ments drawn up for the Excell property. . A major problem seems to be one of access to the freeway. After studying the map and proposed plans, Comm. Fitzgerald stated he felt the street pattern would work out satisfactorily. Comm. Small commented on the quality of the development. Comm. Snyder questioned what will go on either side of this property. The lumber yard is already on the one side, across the freeway and Comm. Fitz- gerald stated that more multiples would probably go into this area since the neighborhood plan shows high density in this area. Comm. Adamo asked if the property owners to the north have been notified of this proposed development. Mr. Diclc Pacheco, 1143 Plum Ave., Sunnyvale, stated he was representing Mr. Ralph Rodrigues, whose property is to the north of the Excell land. He wondered if Mr. Rodrigues was not in favor of this type development for his property, would there be any need for the interior street? Comm. Fitzgerald pointed out that the neighbor- hood plan called for a street going along the freeway. Both Chairman Frolich and Comm. Snyder wondered if Mr. Rodri- gues should be required to help with the dedication of the entire street down to Highway 9. Mr. Pacheco stated that Mr. Rodrigue,s would be in favor of having the street go along the property line. Attorney Anderson quoted the law in respect to private streets versus public streets. He pointed out that in private streets, the only requirement is that they must be kept open and that they be of a given width. There is no assurance of ingress and egress for the fire department, etc. He went on to say that he does not feel FJffi makes any provisions to cover these problems...none, that is, that he has read about. On this basis, Chairman Frolich then suggested that perhaps the City should insist on a dedicated street on subject property. Comm. Leonard stated that it was unfortunate the way the group of property owners handled the situation in regard to the City Council. He felt that this· land is much too valuable for the use proposed at this time. He didn't feel that a hardship of any kind was involved, and that the property owners would all benefit more by trying to work together to make better use of this prime property. The fact that it is right along the.· freeway makes quick dissemination of traffic possible, which would be a major selling point. Mr. Excell stated at this point that he was the property owner and the City of Cupertino wàs not. Mr. Pacheco questioned whether Comm. Leonard was proposing industrial zoning and Comm. Leonard stated he had no"t. indicated a particular type of zoning. Mr. Pacheco then stated that his client's first preference would be for commercial zoning, then apartment zoning. He further stated that Mr. Rodrigues would liIce to develop his property within 5 years. He indicated that it was not so much a problem of getting ~he surrounding property owners to reach an agreement as it was to finù a developer for the property. Comm. Snyder moved the second Hearing be closed.Comm. Fitz- gerald seconded. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich NA YS: None Motion passed, 7-0 -6- Comm. Snyder moved that Application 85-2-63 be denied. Comm. Leonard seconded. AYES: Comm. NAYS: Comm. ABSTAINED: Leonard, Rampy, Snyder, Fitzgerald, Small Comm. Adamo lj·-2-1 C. S}illLL OIL COMPANY: Appl. 28-U-63 for a Use Permit for approximately 1/2 acre. Property zoned C-I-H. Use Permit sought for service station; norwest corner of Highway 9 and Park· A venue. Frolich Mr. Morris Smith made the presentation. He presented a draw- ing of the proposed service station and photographs of other stations which are already built and are similar in construction to the pro- posed. Comm. Small stated this is a good corner for a service station. The lot is 165' along Highway 9 by 130' deep along Parle A venue, which leads to the Gemco parking lot. Chairman Frolich asked if the applicant would be willing to go along with H-Control planting requirements. Mr. Smith stated they would. Chairman Frolich asked if there were any comments from the audience. There were none. Comm. Small moved the hearing be closed. Comm. Fitzgerald seconded. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich NAYS: None 7-0 Comm. Small so moved that application 28-u-63 for a Use Permit be granted, subject to Exhibit B standard requirements and as per the plans submitted by the applicant. Comm. Fitzgerald seconded. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich NAYS: None 7-0 Comm. Leonard felt reaffirmation of the reasoning behind this approval was in order. Comm. Snyder moved to amend the motion whereas this presenta- tion is essentially the same as that which was presented to the Plan- ning Commission approximately one year ago and whereas the Commission feels that this applicant will establish a precedent for the quality architectural design of service stations desired in this area and whereas this is an integral part of the commercial development which will draw business for and from the establishment, we now reaffirm our position. Comm. Fitzgerald seconded. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, F'rolich NA Y8: None 7-0 D. ALLEN L. CHADWICH: Appl. 29-U-63 for a Use Permit for approximately 2.ö7 acres.· Property zoned C-I-H. Use Permit sought for sale of new and used cars; south side of Stevens Creek Blvd, 350' west of Blaney Avenue. Mr. Chadwich presented a drawing of his proposed business es- tablishment. He explained that he had applied for several franchises (General Motors), but that he planned to blacktop his property now and put in sidewalks, curbs, and road along his property on Stevens Creek and would do the same on Blaney if the Commission so desired. He would also put in a small office at this time. He expla:í.ned he had been an automobile dealer in Phoenix, Arizona, for 15 years. -7- It was Comm. Fitzgerald's opinion that if he developed the street along Blaney right away he would probably realize a return on his money right away. He added that adjoining property along Blaney is before the City Council now, so it would be feasible to develop his property on Blaney now it it may turn out to be the only undeveloped piece along that strip. Comm. Small requested the applicant appear before H-Control with his plans. Comra. Fitzgerald questioned the type of lighting system to be used. Mr. Chadwich stated it would be poles with multiple floods or the like, but no stringers. Comm. Small moved the hearing be closed. Comm.Rampy seconded. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frol1ch NAYS: None 7-0 Comm. Small moved that application 29-U-63 for a Use Permit be approved, subject to the 12 standard requirements and that street improvements be made on both Stevens Creek and Blaney at the time of the original development of this property, and no stringers far il- lumination. AYES: Comm.: Adamo, D'itzgerald, Leonard, Rampy, Small, Snyder, Frolich NA YS: None 7-0 Comm. Small requested Mr. Chadwich bring the drawing along to the H-Control meeting. Mr. Chadwich stated he also hoped to have com- plete building specifications and detailed plans by that time. E. TWILLA CHILDRESS: Appl. 30-u-63 for a Use Permit. Property zoned R-l:B-2. Use Permit sought for a boarding home for aged; 20916 Alves Drive. Applicant requested permission to enlargc her'home to accommo- date'two additional agcd, ambulatory guests. 9he is already licensed. by the County to care for. two. She has submitted, along with her application, a letter from Mr. Lee Azpvedo, County Social Worker, con- Pirming this remodelling, and an agreement petition signed by all the neighbors for 300' around her home. Mr. Leonard questioned whether there would still be only one kitchen since a situation like this, expanded to have two kitchens, could possibly constitute a duplex. Mrs. Childress stated there would be only one kitchen. Comm. Small moved this Hearing be closed. Comm. Rampy seconded. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich NA YS: None 7~0 At this point, Mr. Shoolc quoted the Zoning Ordinance of the County of Santa Clara, Section 16" (aL 8. "Boarding homes on building sites in one ownership having an area of not less than one-half acre, subject to the securing of a use permit as provided in Section 34 of this Ordinance", the County overlooks this requirement. Mr. Anderson pointed out this is an old ordinance, enacted when lot sizes were larger and there were no sewers. The County usual- ly overlooks this ordinance. The Planning Commission will ßither have to go along with the County's thinking or deny this application. Mrs. Childress assured the Commission there would be no adver- tising on the property. Comm. Snyder moved that application 30-u-63 for a Use Permit be granted. Comm. Adamo seconded the motion. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, NAYS: None Frolich 7",0 Comm. Leonard proposed the Ordinance be brought up-to-date. However, Mr. Anderson advîsed thîs be carrîed over untîl after the first of the year, when all the ordinances will be reViel'¡ed and brought up-to-date. F. HOWARD V. HORNE: Appl. 31-U-63 for a Use Permit. Property zoned R-l. Use Permit sought for a realty office for owner; 20396 Clifden Way. Mr. Horne stated he resides at subject address and is permit- ted to use his home as his personal office. He does not employ any- one on the premises; he has a telephone secretarial serVlce that takes care of all his calls. He is required, however, by the Real Estate Commission to have a small sign by his front door stating his name and occupation, which he would lilce to put in his front window. Comm. Leonard cautioned that so often these quiet real estate offices become expanded in the future and that tight restrictions are in order now. Comm. Small moved the hearing be closed. Comm. Adamo seconded. AYES: Comm.· Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich NA YS: None 7-0 Comm. Small moved application 31-U-63 for a Use Permit be granted, subject to the following stipulations: l. 2. 3. 4. 5. This Use Permit to be restricted to Mr. Horne only. There will be no employees on the premises. There will be no signs displayed other than that required by the Real Estate Commission. In the event the property is sold, the Use Permit will be invalid. There is to be no gravel out in front for parking cars. Comm. Adamo seconded the motion. AYES: Comm.: Adamo, Leonard, Rampy, Small, Frolich NAYS: Comm. Snyder ABSTAINED: Comm. Fitzgerald 5-1-l V. UNFINISHED BUSINESS A. None VI NEW BUSINESS A. Mr. Jack Dietz, of the Somerset development on Blaney, wished to apply for a variance of a few inches on two of his lots. His concern was of the time element in going through the proper chan- nels. Comm. Leonard observed these variances were negligible and wonders whether a public hearing is necessary, or if it can be put directly on the agenda for the next meeting. Moved by Commissioner Leonard, seconded by Commissioner Small that the variance previously granted in this subdivision be amended to include Lots 5 & 6 of Tract No. 3149. AYES: Comm.: Adamo, Fitzgerald, Leonard, Rampy, Small, Snyder, Frolich NA YS: None 7-0 B. Comm. Adamo stated that the Scofield widening has been accomplished and the new stop sign is in. However, he expressed concern that the vision is impaired by a building at the corner of Highway 9 and Scofield at the stop sign. Mr. Shoolc submitted a letter to the Commission, for their approval, to be sent to the County Planning Commission regarding the redevelopment of the Monta Vista area. Approval ,granted. -9-