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PC 11-24-75CITY OF CUPERTINO, STATE OF CALIFORNIA ..10300 Torre Avenue, Cupertino, California 95014 Telephone: 252--4505 MINUTES.OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON NOVEMBER 24, 1975,- IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Gatto called the meeting to order at 7:35 p.m. with the Salute to the Flag. ROLL CALL Comm. present: Cooper (7.40), OtKeefe, Woodward, Chairman Gatto Comm. absent: Adams Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan. Assistant City Attorney Kilian Assistant City Engineer Whitten APPROVAL OF MINUTES Minutes of Regular meeting of November 10, 1975: Page 6, paragraph 8, first sentence should read: "The Planning of drive -up windows . later date." Moved by Comm. O'Keefe, seconded by Comm. Woodward to approve . the Minutes of November 10, 1975, as amended. Motion carried, 3-0 POSTPONEMENTS Upon request of the staff, it was moved .by Comm.. O �Keef e, .second: 'kv Cnmm - WnnAwnrd f n rnnfiniia nnnl irnt-inn 1 ?-.TM-75 t-n Doramher. i PC-209 ! MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION MEETING Page 2 I WRITTEN COMMUNICATIONS Letter from President of Starcrest Investors, Inc., indicating their approval of the McDonald's proposal on adjacent property. Letter from De Leuw, Cather & Company, regarding traffic and parking proposal for McDonald's'Restaurant. ORAL COMMUNICATIONS -- None. PUBLIC HEARINGS 1. Application 7-U-75 of MC DONALD'S CORPORATION: REACTIVATION OF USE PERMIT to allow construction of a restaurant within a Planned Development Zone. Said property is located at the southeast corner of the intersection of Homestead Road and Stelling Road. Second Hearing continued. The Assistant Planning Director reviewed the November 21, 1975, staff memo and attachments, emphasizing the highlights of the concerns of the Planning Commission: parking, traffic and architectural compatibility. McDonald's representative, Mr. Larry Dorsey, 2471 East Bayshore Drive, • Suite 600, Palo Alto, indicated he had worked closely with three of their neighbors within this Planned Development. The proposal is for a 3400 sq. ft. restaurant with provisions for inside seating of 130. There will be 40' of landscaping along Homestead Road and along Stelling Road. All conditions recommended by the staff are acceptable except #17. He then discussed the similarity of their building materials with those of the Brunswick building. He answered Comm. Cooper that their usual hours of operation are 10 a.m, to 10 p.m. or midnight. However, they are now offering breakfast menu starting at 6:30 a.m. Comm. O'Keefe asked how long a patron stays in a restaurant of this kind. Mr. Dorsey said the customer will stay 7 minutes if he takes the food out or 15 minutes if he eats inside the restaurant. Comm. O'Keefe suggested we might have here a greater percentage of the fast-food customer, which will increase the traffic substantially, Mr. Dorsey answered Chairman Gatto that 60% eat inside and 40% drive away with the food. This restaurant will result in about 10% loss of business at the Saratoga -Sunnyvale Road facility. Comm. Cooper asked about illumination of the battens on the roof. Mr. Dorsey said they are illuminated, and they were not prepared to delete this feature. MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION MEETING Attorney Mark Pierce, Clark & Glennon Attorneys, representing the; Brunswick Corporation, said they are not convinced the agreement i among the property owners here will solve all the problems. He reviewed the presenta:nd : anticipated parking at the bowling cente Mr. John Hall, of DeLeuw, Cather Traffic Consultants, said their °studies indicate this particular McDonald's would generate 187 trips during the noon hour. There.followed a discussion on peak hour traffic. Moved by Comm. O'Keefe, seconded by Comm. Cooper to close the public hearing. Motion carried, 4-0 c Comm. O Keefe said .he does not believe there is such a thing as a typical McDonald's Restaurant. He believes there is a certain degree of inconsistency with the balance of this Planned Development. Comm. Cooper said the intent of this center was supposed to be recreational She does not believe the parking and traffic will become a problem, however. She .does not want to see a neon -lit roof. Comm. Woodward said the DeLeuw, Cather report answered the questions he had as to the traffic. The.conceptual plan showed a restaurant on the corner before Brunswick built their building.: Chairman Gat -to said his main concern was Starcrest and Century approvalof this proposal, The Assistant.City Attorney advised adding a condition to the use permit wh ch ,incorporates the agreement In the event this proposal is approved, Comm. Cooper would like the Architectural and Site Approval Committee to consider a pathway through the landscaping so that it does not become trampled She also wanted to change Condition 17 to delete ''compatible with" and replace with "similar to". It was decided- Condition 19 should be added; "The use permit is conditioned upon °the continued viability of a reciprocal agreemen and if.for any reason the agreement is no longer in effect, the use permit.will be reviewed® A Minute Order to H--Control was suggested:."We are not indicatin the building materials have to be matched exactly with Brunswick.' PC-209 Page 4 7-U-75 tied vote -- denied MINUTES OF THE NOVEMBER 24, 1975 PLANNING COT1MISSION MEETING Moved by Comm. Woodward, seconded by Comm. Gatto to approve application 7-U-75 with the 14 standard conditions, conditions 15, 163, 17 and 18 in the staff report, with change to condition 17 as indicated in these minutes. AYES: Comm. Woodward, Chairman Gatto NOES: Comm. Cooper, O'Keef e Motion tied, 2-2 Comm. Cooper said her dissenting vote was because she felt this use might be detrimental to surrounding uses and could restrict the use of the remaining properties within this Planned Development. She was also concerned about the amount of traffic generated by this type use. Comm. O'Keefe said his reasons for voting against this were in his original statements: excessive traffic generation and inadequate provisions for parking, thereby restricting future land use. 2. Application 12-TM-75 of DEMETER ENTERPRISES CONTINUED TO DECEMBER 8th. 3. Application 15-TM-75 of HEWLETT-PACKARD COMPANY: TENTATIVE MAP combining two parcels into one parcel containing 96.57 acres. Said property is located at the southeast corner of the intersection of Homestead Road and Wolfe Road. First Hearing. The Planning Director reviewed the staff memo of November 21, 1975, including a set of staff -recommended conditions in the event the Planning Commission elects to approve this tentative map. Chairman Gatto asked for comments from the audience. There were none. Moved by Comm. O'Keefe, seconded by Comma Woodward to close the public hearing. Motion carried, 4-0 15-TM-75 Moved by Comm. O'Keefe, seconded by Comm. Cooper to approve application approved 15-TM-75 with the 14 standard conditions, conditions 15, 16 and 17 in the staff report, and the new condition 18 prepared by the staff. AYES: Comm. Cooper, O'Keefe, Woodward, Chairman Gatto NOES: None ABSENT: Comm. Adams Motion carried, 4-0 10 • MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION MEETING Chairman Gatto called a recess at 9a05 p.m. The meeting recon- vened at 9,,20 p.m. 4.. Applications 20-Z-a75 and:14--TM-75 of BURDICK DEVELOPMENT COMPANY. REZONING approximately one (1) acre from.P (Planned Development with multiple residential intent) to. R1C (Residential, single-family, cluster) or whatever zone may be, deemed appropriate by the Planning Commission, TENTATIVE MAP to divide approximately one (1) acre into 6 (six) lots. Said property is located adjacent to and southerly of Rodrigues Avenue approximately 750 f t. westerly ofintersection of Blaney Avenue and Rodrigues Avenue. First Hearing. PC-209 Page 5 The property was located on the aerial photo.gra.ph of the.area. i The Assistant Planning Director said a multi -family use was established for this property, based on the 1963 General Plan 1 that included this property in the Town Center Plana The basic f issues here are compatibilitywith adjoining and future uses of nearby property and evaluation of the specific site plan The plan is to group 6 homes along a one-way street, with the common open space and some parking within the loop of the one-way, street and in front of the units to the right and left of this one-way street. Units 2, 3 and 4 are 2-story, slightly depressed and far enough away from homes across the creek. The.5 parking spaces per unit will more than satisfy the ordinance requirement.1 Mr, Norman R. Burdick, of Burdick Development Company, stated that he is also the architect of this project. He reviewed the floor plans for style A and B of the 2000.sq. ft. homes with oversized garage and 2 parking spaces plus visitor parking. Elevations of the proposal were displayed. The one-way drive is 15 feet wide. There will be 4--bedroom and 3--bedroom units and will cost in the i neighborhood of $75,000. In terms of compatibility.of design, Comm. OPKeefe observed the lots were irregular. There were long stretches of fences and a great deal of concrete. Another tentative map might provide more open space facing,Rodrigues Avenue and more individual lots. He noted two-story homes back up to homes to the south of this property. Mri Burdick said.that because of the shape of the land, this was the best.plan he could devise. He is eliminating fencing where the homes are located along property lines.- This property is about 6,' lower than the adjoining .property, which helps to com- pensate for the two-story units. PC-209 Page 6 20-Z-75 approved MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION MEETING Comm. Woodward was concerned about the 2-story structure on lot 3 projecting up too far. Chairman Gatto asked for comments from the audience. Mr. Warren Whaley, Civil Engineer, said this plan seems to provide more open space than a•conventional single-family development. Chairman Gatto observed the landscaped strip across the front ties it together. Moved by Comm. O'Keefe, seconded by Comm. Cooper to close the public hearing. Motion carried, 4-0 Comm. O'Keefe said the elevations are appealing but hedoes not approve of using walls as fences. He does not believe this proposal is proper use of the land. However, he does not object to the density. Comm. Woodward said something must be done with Unit 3. From the street, this development will look like a solid wall. Perhaps making #5 a B unit would help with the line -of -sight problem. Comm. Cooper said she had no major problems with this plan. However, there are irregularities of lots, but this provides variety. Lot 3 has some problems in its proximity to Lot 2. There appears to be a fair amount of visual openness. i I . Chairman Gatto saw no major problems here; it functions quite well. Comm. Woodward suggested shifting Unit 4 slightly. The Assistant Planning Director ca-l-led attention to the communication from the Water District. Mr. Whaley said the 4' adjacent to the creek were not included in the plan. If the tentative map were to be continued for two weeks, this would allow them time to check with the Flood Control District to see why they are asking for 5'. Moved by Comm. Cooper, seconded by Comm. Woodward to approve application 20-Z -75 with the 14 standard conditions and conditions 15 through 21 as noted in the November 215 1975 staff report. AYES: Comm. Cooper, Woodward, Chairman Gatto NOES: Comm. O'Keefe ABSENT: Comm. Adams Motion carried, 3-1 MINUTES OF THE NOVEMBER 24•, 1975 PLANNING COMMISSION MEETING Moved by Comm., Woodward, seconded by Comm. Cooper. to reopen the public hearing on 14 TM--7 5 Motion carried, 4-0 Moved by Comm. Cooper, seconded by Comm. Woodward to continue application 14-TM-75 to December 8, 1975. AYES: Comm. Cooper, O'Keefe, Woodward, Chairman Gatto NOES: None Motion carried, 4-0 5. Application 12-Z-75 of AXEL NIELSEN (MARTY HALL, JR.) : PREZONING approximately 1.4 acres fromSantaClara County R1-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit) to City of Cupertino Rl--10 (Residential, single-family,,] 10,000 sq. ft . per dwelling unit) or whatever zone may be j deemed appropriate by the Planning Commission.. Said property; is located westerly of and adjacent to the Southern. Pacific railroad tracks at the terminus of Adriana Avenue. First Hearing. Comm, O'Keefe abstained from participation in this publichearing. The Assistant Planning Director identified the property on the aerial photograph. This is a request to rezone to make this property in conformance with the General Plan. The applicant was not present. Mr...Sanders stated this property is right next to him. The Count says only one home can be built onthis property. When it rains - a lot of water goes down this street. This pie -shaped property has only 17' frontage. There is just one way into this property.; He said you have to go back some 25--30 years in the records to see this is zoned agricultural, not residential Mr. Bill Hidaka stated he is the other neighbor. He is also concerned about the drainage problem. It was duly noted that any improvement of the property must include solution to the drainage problems. Moved by Comm, Woodward, seconded,by Comm. Cooper to -close the PC-209 I MINUTES OF THE NOVEMBER 24, 1975 PLANNING COMMISSION"MEETING 1 Page 8 21-Z-75 approved Moved by Comm. Woodward, seconded by Comm. Cooper to approve application 21-,Z-7 5 . AYES: Comm. Cooper, Woodward, Chairman Gatto NOES: None ABSENT: Comm. Adams ABSTAINED: Comm. O'Keefe Motion carried, 3-0-1 6. Application 11--U--75 of CARL KARCHER ENTERPRISES (CARL'S JR. HAMBURGERS) - USE PERMIT to allow constructio: of a restaurant. Said property is located at the southwest corner of the intersection of Homestead Road and Saratoga -Sunnyvale Road. First Hearing. The Planning Director located the property on the aerial photograph. He then referred to the details of the proposal from the November 21, 1975 staff report. He noted a condition of the zoning was that the City would approve an overall development plan. This proposal is for the northwest corner of this overall development along Homestead Road and a new street along -the westerly property line. This is con- sistent with the plan in terms of parking and this property is under one ownership. Mr. Reece S. Moneyhun, real estate consultant, gave a brief history of this company. There is no franchise so they have complete control over the entire operation. They a::-e a family oriented restaurant. Most of the people eat inside. As you enter you place your order, go sit down, and the watress serve-3 you. It is fast service, not fast food. He said they are very active in the communities in which they have their restaurants. They have provided ample parking spaces. They have provided 10' of landscaping along the new street, and 17' of landscaping along Homestead Road. They are asking for a drive -through facility. He contended that waiting one minute for your order introduces less pollutants into the air than if you park your car, go inside and get the food and then start up the car again. In the event they are not permitted the drive -through facility, he proposed additional landscaping and parking spaces in lieu of the driveway up to the window. As to condition 18, he went along with the need for a sidewalk, but the staff's suggestion of a covered walkway conflicts with his experience in other shopping centers. Mr. J. D. Vanderlaem, representing the owner of the shopping center, said they are in complete concurrence with the staff's recommendations. As to condition 18, he suggested the possibility of installation of larger trees in the parking lots. A cover over the sidewalk could be prohibitive. There is almost no walk. -in business here. 1 ° -.MINUTES OF THE NOVEMBER 24., 1975 PLANNING COMMISSION MEETING Chairman Gatto asked for comments from the audience.. There wez none. Moved by Comm. O'Keefe, seconded by Comm.. Woodward, to close tY public hearing. Motion carried, 4-0 Chairman Gatto believed the walkway and large trees was good planning. The Planning Director suggested extension of the sidewalk..all the way to the existing business in this center. Comma O'Keefe said the City has worked very hard to avoid strir zoning. The Planning Director recommended adding Condition 19; The operating hours of this facility are unrestricted. However, 'tl Planning Commission shall have the ability to initiate a heariz to review operating hours should noise and lighting become intrusive during late evening hours. Moved by Comm. Woodward, seconded by Comm. Cooper, to approve application 11-U-75 with conditions 1-14, 15, 16, 17, 18 as amended, and 19 as added at this meeting. AYES; Comm. Cooper, Woodward, Chairman Gatto NOES Comm. O'Keefe ABSENT ; Comm. Adams Motion carried, 3--1 A Minute Order was proposed by Comma O'Keefe,, seconded by Comm. Cooper that Exhibit A is now the overall development.plan for this shopping center. Motion carried, 4-0 UNFINISHED BUSINESS 7. Consideration of initiation of hearing to amend General Plan regarding Lots 25, 26 and 27 located on Santa'Clara Avenue in Monta Vista--,Manganoo The Planning Director recommended this be considered as an exten- sion of the study of the Morita Vista Area lots. This is a land use issue, 11-U--7 5 approved IPC-209 Page 10 MINUTES OF THE NOVF1-1BER 24, 1975 PLANNING- COMMISSION MEETING Mr. George Mangano was advised the hearings on the Monta Vista Area will continence on December 11, 1975. He pointed out that this property does not affect the widening of Stevens Creek Blvd. The down -zoning of this property is a continuing source of loss of money to him. Ile said lie has already been delayed by General Plan hearings. He felt the upgrading of this area would be enhanced if lie is granted approval of his proposal. Chairman Gatto said one problem with making a decision on this property in January could result in yet anotlier zoning decision in April. Comm. Woodward believed this property should be discussed in conjunction with the entire area. Ms. Ann Anger, Monta Vista, said that corner has given her many headaches. She is looking forward to having it: settled. REPORT OF PLANNING CO'MMI S S ION : None. REPORT OF PLANNING DIRECTOR: None. ADJOURNMENT Chairman Gatto adjourned this meet=_ng at 11:35 p:m. ATTEST: /s/ Wm. E. Ryder City Clerk APPROVED: /s/ John M. Gatto Chairman