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PC 10-27-75CITY 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 OCTOBER 27, 1975, IN THE COUNCIL CHAMBER, CITY HALL. CUPERTINO, CALIFORNIA SALUTE'TO THE FLAG Chairman Gatto called the meeting to order at 7:37 p.m. with the Salute to the Flag, ROLL CALL Comm. present; Adams,, Coopers O'Keefe., Woodward, Chairman Gat to Comm, absents None Staff present: Director of Planning and Development Sisk Assistant City Attorney Kilian Assistant Planning Director Cowan. Assistant City Engineer Whitten APPROVAL OF MINUTES Minutes of Regular Meeting of October 13, 1975. Page 6, second paragraph, delete last sentence Page 6, last paragraph r first line : Change "24001° to "24000?fl Mowed by Comm < , Adams , seconded by Comma 0 `Keefe to approve kge Minutes of October 13, 1975, as corrected, Motion carried, 5T-0 i POSTPONEMENTS I 2. Application. 8 U-75 of Western Deal Estate Development Corp. (Merritt Sher). Applicant requests postponement to Nov. 10. 6. Application 12-TM-75 of Demeter Enterprises 9 0.38-h acre at Miller Avenue and Calabazas Creek. r PC-207 MINUTES OF TILE OCIOBER 27, 1.975 PL \NN1NG COMMISSION MEETING Page 2 j 8-U-75 and I Moved by Comm. Adams, seconded by .:om . O'Keefe, 12--TM-75 cont 'd1 applications 8-U--75 and 12--rM-75 t ) November 10, to Nov. loth Motio l carried, 5-0 WRITTEN COMMUNICATIONS; None. ORAL CO1,1MUNICATIONS : -None. PUBLIC HEARINGS to continue 1975. 1. Application 22-U-70 of P. BR:�E:; WILSON : Five --year extension of use permit for continued use o" residential structure as a law office. Said property is loca.ed at 20401 Stevens Creek Blvd. (north side of Stevens Creek B'�vd., approximately 400 feet east of Saratoga -Sunnyvale Road) within a CG (Ceneral Commercial) zone. First Bearing, The Planning Director reviewed his October 22., 1975, memo on this matter. A 3-year extension of the use permit .vas recommended. Comm. O'Keefe asked why 3 instoad of 5 years. The Planning Director said this was an arbitrary figure. Attorney P. Brien Wilson, 20401 Stevens Creek Blvd., Cupertino, said he was requesting a 5-year extension, not 3, since this affords him more flexibility. He pointed out there are a couple of other cases where residences are functio,iing under professional office permits, although they were granted before his permit was. Comm. Adams was answered by the Planning Director that this use permit is for the professional_ off.'ce use of the building, not necessarily by this applicant. Mr. Wilson answered Comm. Cooper that he would like to see what develops across the street from h.:n and then perhaps integrate his architectural plans with that deve..optnent. At the present time, he said he has no specific plans other than to practice law in his building. Comm. Adams asked if the barn is on the property and if so, how it is being used. Mr. Wilson ii.d he let Attorney Dcrnpster store a couple of mustangs in it temporarily, but it is now empty. Mr. Wilson answered CoLnnl. Adams th,.c tho extra 2 years' extension, of the use permit would give hint more 2co.nomi.c flexibility. MINUTES OF THE OCTOBER 27, 1975 PLANNING COMMISSION MEETING Comm. O`Keefe felt the 5-year extension was a reasonable request and not necessarily the maximum length of time allowable. He noted that the applicant owns the property and is functioning. Chairman Gatto agreed, Moved by Comm. Woodward, seconded by Comm. O'Keefe to close the public hearing. Motion carried, _ 5--0 Moved by Comm. O'Keefe, seconded by Comm. Woodward to approve application 22-UM70 extension, subject to the 14 standard condi- tions.and condition 15: That the use permit be extended for a period of five years. Comm. Cooper said she is concerned about conversion of a resi- dential structure to commercial use, She would prefer not to promote this type of usage, but she.had no strong feelings about this particular case. AYES: Comm. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto NOES; None Motion "carried, 5-0 2. Application 8-U--75 of WESTERN REAL ESTATE DEVET:OE11ENT CORP. (MERRITT SHER) This application was continued to November 10, 1975. 3. Application 7TU-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. The Assistant Planning Director stated this property is designate on the General Plan as recreation with related entertainment and commercial activities. Last July the applicant came before the Planning Commission to*ask for an interpretation of the land use designation. It was determined at that time that rezoning for this use was not necessary but the question of the use would 'be explored at the time the use permit was reviewed. He then explained the maps and exhibits on the bulletin board. PC-207 Page 3 22-aU-70 extendee for 5 years IPC-207 Page 4 MINUTES OF THE OCTOBER 27, 1975 PIS NNI_NG COrII',LISSION MEETING The request is for the McDonald Restaurant to be constructed on the extreme corner of Homestead Road and Stelling Road. The October 24, 1975 staff memo analizes the proposed use. Fremont and homestead High Schools have been contacted in regard to this use and they have indicated no particular objection to it. This proposal reflects the setback, parking and building constraints previously imposed on this property. The staff recommended tt,c-, building, design, materials, etc., should conform with the balance of this center. From an off site traffic point of view, the staff felt this operation would present no special problems. From a parking point of view, there should be some cooperation between the various tenants of the center. This center is now owned by 4 entities, whereas most centers of this type are owned by one. The McDonald's operation will create sortie parking problems. The best approach would be for the remaining three undeveloped properties to be redesigned to allow more parking. If the owners cannot agree, the Planning Commission and/or City Council should assume the posture that no separate entities could design for more parking than they can provide, or reciprocal parking and driveways should be provided. The City Attorney recommended the Planning staff not make a definite recommendation because there has not been enough dialogue with all the property owners. Comm. Adams observed that at the tine the Planning Commission approved the Brunswick site the total site was reviewed and approved. He noted that the City has learned through this experience that from now on, we should be very hesitant to approve these uses piecemeal. Chairman Gatto was answered that all the property owners have signed the C. C. & R.'s, Comm. Cooper asked if Brunswick and>rstood some of their parking spaces would be used by another tenant. The Planning Director said they were aware of this. The Assistant City Attorney said it is within the power of the Planning Commission to rescind the decision that the development is consistent with the General -Plan, if they so desire. McDonald representative Mr. Larry Dorsey, 2471 East Bayshore, Palo Alto, noted the EIR was given a"negative declaration but a traffic study was recommended, Their primary concern is the satisfactory agreement in regard to parking on the site. Trai-fic consultants DeLeuw Cather and Company determined there is adequate parking on the site. He then reviewed the architectural rendering of the oroposed McDonal.d's restaurant consist- ing of 3400 sq. ft. The exterior will be tan slump stone and brown roof. There will be a decal in the window and wall logo, but no free standing sign. MINUTES OF THE OCTOBER 27, 1975 PLANNING. COMMISSION MEETING Mr. Dorsey noted they are buffered with :40 feet of landscaping They have converted some of the 5-gallon shrubs to 15•-gallon size The building will contain 125 seats, approximately, and they encourage their customers to eat indoors.. They are looking for some impression from the Planning Commissioners as to outdoor eating facilities. There will be bike racks and walkways. Mr, John Hall, of DeLeuw Cather Company, Traffic Engineer, said they were retained by McDonald.`s to do parking and traffic impact studies, This operation has 2 peak periods lunch and dinner times. Street volume in this area. indicates high peak at 5 to 6 p.m., and substantially lower volume at noon.. They received extremely current traffic counts from Cal Trans in regard to the McDonaldse,operations in the Bay Area. Mr. Hall said a B level of service was established here, prior to the opening of the bowling alley, He said. the Cupertino Traffic Engineer has reviewed his traffic report. Nor. Hall answered Comm. Adams that the information he received on traffic flow by patrons was on a daily basis and an average basis. He noted Saturday is the heaviest load. Comm. O`Keefe observed that the DeLeuw Cather report indicated the. bowling alley, data was <inconclusive:. Mr. Hallsaid at the time the report was done it had not begun operation They now have accurate numbers for it. Comm._ O`Keefe said his figures are based on sit --down customers and yet McT)onald`s has carry out food, too. Mr. Hall said their conclusions are based on actual McDonald`s operations in 3 locations in this area. He said the building square footage was not taken into account, but counter space was relatively the same at all locations. Mr. Hall answered Comm. Cooper that their traffic generation is essentially the same whether it is a carry -out or sit-down operation.. Comm. Woodward asked Mr. Hall why the Dorsey figures are lower than the DeLeuw Cather figures. Mr. Hall said there were no definite figures for the bowling alley at, first. Comm. Woodward was concerned about the bowling leagues starting or stopping times being during McDonald's peak hours. Mr. Hal]. saidthey feel concentrations of parking will be near :the places they are going, People going to the bowling alley will park as close as possible to the door.. PC--207 Page 5 IPC-207 MINUTES OF THE OCTOBER 27, 1975 PLAIN-NG COMMISSION f[EETING Page 6 i Mr. Dorsey stated their plan shows 266 parking spaces, which is an i excess of 63 stalls. It is their experience that there is a lapse of time when one bowling league ends and another starts. He also noted the McDonalds operation has no peak. hours on Saturday or Sunday. They feels there is adequate parking, on the site, otherwise they would not pursue this proposal. They are very concerned about their viability. Attorney Mark Pierce, representing Brunswick, said they feel the application as presented does not adequately take care of the parking needs. He referred to details of his letter to the City of Cupertino. Approved application 15-U-74, dated July 8, 1974, Condition 19 allocates 170 parking spaces to Brunswick. Brunswick worldwide representative Carl Manofsky, 3318A Berwyn Street, North Chicago, Illinois, said they have 240 centers throughout the world. The Cupertino center resembles the Orange County center which was constructed in 1972. He presented copies of lineage figures from that operation. On a national basis, 60% are women bowlers which means day business. He said the meat of their business in Cupertino can be anticipated 2 to 3 years hence. At the present time, they do not feel '.McDonald's and Brunswick compliment each other. Chairman Gatto observed that a year or two ago Brunswick assured the Planning Commission that their site had more than adequate parking spaces. They provide 6 parking spaces per lane. This has been adequate for the last 15 centers they have built. This observation came from a translation of lane req .irements into needed parking spaces. Comm. Cooper asked if the bowling alley operation had peak hours. Mr. Manof sky said 8 :30 p.m. is the most critical. However, he is not that familiar_ with the Cup(-,rtin.) operation in particular. Mr, Terry Brown, operator of the Cupertino Brunswick center, said the leagues are 9:15 to 11:45, 12:15 to 3:30, 6:15 to 9:00 and the last one starts at 9:15 p.m. Their peak is Wednesday at 8:45 p.m. at about 6 p.m. they have about 160 people l-eaving and 160 coming in. Attorney Pierce referred to the reciprocal agreement. He said it was never the intention of Brunswick to enter into an agreement to allow them less parking than they were or:lered to provide by the City. , There would always be a minimum of 170 spaces available within the parking lot. He questioned the reliability of the DeLeuw Cather report and its amendment. He was concerned about McDonald's providing 20 parking spaces, leaving, 37 spaces f_;r customers. Mr. Pierce contended that Brunswick deeds 1.70 spaces. Further., he believes McDonald's need more parking than they can prov-Ld.e. He believes the spirit of the original agreement will- be vi_ol,?tc,d. If this application is approved, they believe it will jeoplr.d-i.ze i;runswick's business. He added that Brunswick is anXious to rave this business develop. They would like to work out a compatible agreement as to _Landscaping and maintenance. MINUTES OF THE OCTOBER 27, 1975 PLANNING C014�MISSION MEETING PC--207 Page 7 Mr. Timothy J. Murphy, 675 North First Street, San Jose, of Starcrest Investment, Inc., said they are the owners of the pro- perty immediately adjacent to Brunswick. They have tried to work with the -other property owners and with the City. It was his understanding that he has created some confusion in the recent letter he sent to the City staff indicating they support the McDonald`s operation. He feels there is adequate parking for all concerned. He said they were instrumental in getting the Brunswick operation at this location. He said the REA Agreement encourages free flow of traffic throughout the project. Comm. O"Keefe said he anticipates conflicts in parking on.Friday and Saturday nights after the high school games. Mr. Murphy said the anticipated sporting goods operation would not conflict with this. He also stated the "wall banger" handball operation would not exceed the parking ratio;, Mr, Dorsey rebutted that Brunswick feels their day business will increase in the future; that the fourth quarter is their heaviest; and 8:30 p.m. is their peak hour. He saw no conflict with these factors. In regard to the proposed Starcrest development, Mr. Pierce asked about their proposal for pulling ;out. some trees. Andwhatabout the parking for those undeveloped areas in this center. Chairman Gatto said this was not the proper forum for deciding this. The Assistant City Attorney said the Planning Commssion`sl position is to approve or deny the use permit and to so.advise the City Council of their decision. Any condition with respect to parking should include that the use permit would only be valid if the agreement is valid. It is also within the purview of this use permit if the Planning Commission finds the proposed users parking situation is unreasonably detrimental to the surrounding uses. Chairman Gatto'noted Brunswick's original use permit calls for 170 parking spaces. He asked if the staff has an amended figure on this. The Assistant Planning Director said the staff is quite comfortable with this figure, The Assistant City Attorney said any increase to the Brunswick parking would require an amendment to the use permit. Moved by Comm, O'Keefe, seconded by Comm. Woodward to close the' public hearing. Motion carried,, 5-0 IPC-207 Page 3 MINUTES OF THE OCTOBER 271 1975 PLPMNI:NG COM1�1ISSION I`1EETING The Assistant Planning Director answered Comm. Cooper that the letter from Century Stores asking for permission to allow a retail use at this center was received late the previous Friday. Comm. O'Keefe said it is going to take a great deal of cooperation to make these uses compatible. Comm. Woodward said it appears all the recreational uses are going to peak at about the same time. He could not approve a use at this point that might Hazard the develop;-ient of the other two Properties. The reports indicate the Brunswick operation uses 243 spaces and they only provide 170. There is no off site parking permitted in the area. Until there is agreement between the four --ners he could not go along with this proposal. Comm. Cooper agreed with Comm. Woodward. She was corcer. ned about the restrictions of future uses. She said she does not object to the sit down eating operatinn., Comm. Adams stated that in 1974 a planned development was approved for the entire site. The Planning Commission review of the site for the planned development said a sit down restaurant at that corner would be permitted. He suggested the staff review the total planned development activity on parking spaces and make a recommendation to the Planning Comin_ission. Chairman Gatto said there is no fixed criteria for McDonald's. He recommended continuance of this application. Mr. Dorsey said he would accept a continuance. Mr. Pierce reluctantly went along with it. Moved by Comm. Woodward, seconded by Comm. Cooper to reopen the public hearing. Motion carried, 5-0 Moved by Comm. Woodward, seconded by Comm. Adams to continue application 7-U-75 to November 10, 1975. AYES: Comm. Adams, Cooper, Woodward, Chairman Gatto NOES: Comm. O'Keefe Motion carried, 4--1 Chairman Gatto called a recess at 10:05 p.m. The meeting reconvened at 10:23 p.m. MINUTES OF THE OCTOBER 27, 1975 PLANNING COMMISSION MEETING' PC-207 Page 9 4. Application 15-Z-75 of PHI"LIP W m SONDENO ; PREZONING 0.97 acre from Santa Clara County RI-•-10 (Residential, single --family,' 10,000 sq. ft. per dwelling unit) zone to City of Cupertino ! Rl-4Q `(Residential, single-family, 40,000 sq, ft. per dwelling1 unit) zone or whatever zone may be deemed appropriate by the Planning Commission. Said property is located southwesterly of the intersection of San Juan Road and El Cerrito Road approximately 80 feet easterly of the terminus of -Cordova t Road First Hearing., The Planning Director reviewed his October 24,. 1975 staff report on this matter. The topography map was displayed on the screen. He answered Chairman Gatto that sewer service is available here. He answered Comm, Cooper that grading will be .necessary in 'order to put a driveway on the site. Mr, David Burdine, 6597 Mt� Royal., San Jose, representing the applicant,'said there is a building pad 2/3 of the -way up the lot that is adequate for a 3500 sq ft. home This pad was grade quite some time ago, He answered Comm, Cooper that the property is probably not visible to the valley floor_,.due to the,lay.of _the land, It is immediately adjacent to the water tank onS'an Juan Road. Mrs,, Nancy Hertert, San Juan Road, asked whether annexation gives` permission to build. Chairman Gatto said the next step would be to apply for a building permit, which includes. grading review by the staff. Mrs. Hertert said she is concerned about the effect" on the. property above and below this property. Whenever t _slldozing is done in the hills it affects drainage in the whole area. She sees,the need for some extensive review when there is a proposal for a single family home in the hills. She cited some of the problems created in the neighborhood when grading takes place. The Planning Director said a grading plan, soils report and geological report are required by the City. Mrs. Hert r.t stressed the Need for a different. review procedure for single family lots in the hills than that in the flat land. Moved by Comm. O'Keefe,.seconded by Comm. Adams to close the Public Hearing: Motion carried., 5-0 Moved by Comma O �Keef e x seconded by Comm. Adams to approve 15-Z--75 application 1.5-,Z-75 approved AYES Comm, Adams, Cooper, O'Keefe, Woodward, Chairman Gatto NOES: None Motion carried, 5-0 PC-207 MINUTES OF THE OCTOBER 27 , 1975 PLANNING C01111 IISSION MEETING Page 10 5. Applications 14-Z-75 and 13-TM-75 of HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO: REZONING 3.55 acres from CG (General Commercial) to P (Planned Development with commercial/residential intent) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to combine two recorded parcels into one parcel containing 3.55 acres. Said property is located in the southeast quadrant -of Stevens Creek Blvd. and Wolfe/Miller Avenue intersection. First Hearing. Chairman Gatto abstained from this hearing, and Vice -Chairman Adams assumed the Chairmanship.. The Assistant Planning Director identified the property on an overhead photograph. He said the conceptual. plan is being reviewed at this tune. It is a fundamental review of the site plan. The development plan prepared by James W. Foug and Associates, Architects, was displayed. The plan proposes an east -west road from Miller to the Mercury Savings and Loan property. Precise alignment of this road will be discussed at a later date. The plan shows a 50 ft. setback alor_g Stevens Creek Blvd. which conforms with the overa_Ll plan for Stevens Creek Blvd. Traditionally, the City is opposed to curb cuts where residential meets commercial property. Therefcre, the staff does not recommend the proposed curb cut at Richwood Court even though it would relieve the traffic at the Stevens Creek Blvd./Miller Avenue intersection. Flood hazard is not a particular problem with this application. The Assistant Planning Director. answe-ed Comm. Cooper that the intensity of the other uses on the presently unused properties within this development plan will have to be addressed during discussions of the trip ends. Comm. Adams asked if this is under one ownership. The Assistant Planning Director said there are two separate parcels under one ownership. Architect Robert S. Bernstein, with J. W. Foug Company, 770 Welch Road, Palo Alto, representing the applicant, said they are proposing a 12000 sq. ft. building, which is smaller than that shown'on the plan. Since this is a conceptual. plan, they asked the Planning Commission to reconsider Condition 21 since they feel the word "compatible" is hard to define. The Commission agreed to this. The Planning Commission decided to add: "Commercial access to Richwood Court will not be permitted." to the end of Condition 19. However,, Comm. Woodward felt at conceptual plan time it was germain to approve the number of curb cuts if ,,ot their. location. He recommended exit only onto Richwood Court. MINUTES OF THE OCTOBER 27, 1975 PLANNING COMMISSION MEETING Vice -Chairman Adams asked for comments from the audience. Mr, Robert E a Lamb, 974 Cascade. Drive s Sunnyval e:, said he owns the second 4-plex from the end, Richwood Court is very congested with the existing uses. He opposes access from this cmmnercial property to Richwood Court. Moved by Comma O'Keefe, seconded by Comm. Woodward to close the public hearing. Motion carried, 4-0-1 Moved by Comm. Cooper, seconded by Comm. Woodward to approve application 14-Z-75 with conditions 1 through 14, and •15 through 21 with amendments to conditions 19 and 21 as indicated in the j text above. AYES, Comm, Adams, Cooper, O �Keef e, Woodward NOES; None ABSTAINED: Chairman Gatto Motion carried, 4-0-1 Moved by Comm, Cooper, seconded by Comm. O'Keefe to approve application 13-TM--75, with the 14 standard conditions and conditions 15 through 17 in the staff report, AYES; Comm. Adams, Cooper, O'Keefe, Woodward NOES 4 None ABSTAINED; Chairman Gatto Motion carried, 4-0--1 6e Application 12--TM-75 of DEMETER ENTERPRISES Continued to November 10, 19754 ' (PC-207 (Page 11 14-Z-75 approved 13-TM-7 5 .approved 7. Application 17-Z-75 of CITY OF CUPERTINO: REZONING 18.5 acr s from R1C (Residential, single-family, cluster) and 2,55 acre from A1-43 (Agricultural/Residential, single-family, 1-acre lots) zone to PR (Parks and Recreation) zone or whatever zone; may be deemed appropriate by the Planning Commission Said property is located northerly of and adjacent to McClellan Road at the intersection of McClellan Road and Stevens Creek First Hearing, The Planning Director reviewed details contained in the October 23, 1975 staff memo, PC-207 Page 12 I17-Z-75 approved MINUTES OF THE OCTOBLR 27 , 1975 PLA-M -NG CO_INISSION MEETING Since there were no comments from the audience, it was moved by Comm., 0.`Keefe, seconded by Cen;m. Woodward to close the public hearing. Motion carried, 5-0 Moved by Comm. O'Keefe, seconded by Conun. Woodward to approve application 17-Z-75. AYES; Comm. Adams, Cooper, O'KeeFe, tvocdward, Chairman Gatto. NOES: None Motion carried, 5-0 E UNFINISHED BUSINESS 8. Continue discussion retarding Social Element to the General Plan. (continued to the next meeting) NFW BUSINESS : None I REPORT OF THE CO'IMISSION: None I REPORT OF THE PL `.NNI`;G DIRECTOR 9. The rLri.ani representatives wore unable to be present at this meeting. 10. Billa�aalla property at Homeste-id and I11L19111;7ay 9 is designated residential 12-16 units per acre. An applicant would. like to put 8 units per acre on the property. The Planning Cc,.issione=s agreed any deviation -from the zoning designation �:culd need an amendmcnt to the General Plan. ADJ0URM.4ENT Chairman Gatto adjourned the meetin? at 11:38 p.m. ATTEST: APPROVED: /s/ John M. Gatto Chairman /s/ Mn. E. Ryder City Clerk