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PC 10-13-75C-206 age 3. MINUTES OF THE REGULAR MEETING OF THE PL ONING-COMMISSION PC-205 Page 2 19-U-73 dropped from agenda MINUTES OF THE OCTOBER 13, 1975 PLI,NNING COMMISSION flEETING The Planning Director stated that -item 4 (9-U-73) can be dropped from the agenda because a building permit has been issued. So moved by Comm. O'Keefe, seconded by Comm. Woodward. Motion carried, 4-0 WRITTEN COMMUNICATIONS -- None. ORAL COMMUNICATIONS -- None. PUBLIC HEARINGS 1. Application 7-Z-75 of MIKE MIKtL: PREZONING 0.45 acre from Santa Clara County Rl-8 (Residential, single-family, 8,000 sq. ft. per dwelling unit) to City of Cupertino R3-2.7 (Residential, multiple, 2,700 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located northerly and adjacent to Granada Avenue approximately.. 205 feet westerly of the intersection of Orange Avenue and Granada Avenue in Monta Vista. Second Hearing. The,Assistant Planning Director identified the property on the map on the bulletin board. When this matter was heard by the Planning Commission on .Tune 9, 1975, the staff asked for a postponement until such time as the Stevens Creek Plan Line was established, since this could affect the desirarle zoning of this property. He said the applicant is now asking, for single-family zoning rather than R3-2.7. Mr. Mike Mikul, the applicant, said he felt the R1 would be compatible with the area and he would not be putting too much capital into the property and he felt he would not lose money. He answered Chairman Gatto that he felt there night be an economic loss if he constructed a multiple dwelling here. Also, the lending institutions were more agreeable to single .family residential here. Moved by Comm. O�Keefe, seconded by Comm. Adams to close the public hearing. Motion carried, 5-0 MINUTES OF THE OCTOBER 13, 1975 PLANNING COMMISSION'MEETING PC-206 • Page 3 Moved b Comm. O'Keefe seconded b' Comm. Adams to approve 7�-Z�-75 for R1 � y a Y g pP application 7Z-75 for R1-7,5, per the staff's recommendation. approved Chairman Gatto stated that -it seems to be an accepted fact that zoning down is a plus. He contends this does not always serve the best interest of the City. AYES; Conn. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto NOES: None Motion carried, 5-0 2. Application 8--TM--75 of DR. JOSEPH F. BROWN: TENTATIVE MAP to divide 7a7 acres into five parcels. Said property is located northerly of the intersection -of Lazaneo Drive and Bandley Drive on the easterly and westerly sides of: Bandley Drive extending northerly.for a distance of approximately 500 feet. First Hearing, The Assistant Planning Director reviewed the October 10, 1975, staff report on this matter, noting the tentative neap subdivision does reflect the concern about getting a secondary driveway 'into the property. Dr. Joe Brown, 20985 Peppertree Lane', Cupertino, was of the opinion that the conditions should apply -to the use peturit, not to the tentative map., (See condition 19). The Assistant City Attorney suggested the reciprocal agreement be made upon issuance of the building permit. The Planning Director emphasized that it is important for the.Citj. to have this cross access, whether the parcels have one or two owners., i Dr. Brown was concerned about the requirement of a reciprocal easement being recorded on the final map. Comm. Woodward"wondered about the mechanics of how a developer could utilize a part of a use permit. Chairman Gatto said that at such time as a plan becomes invalid, then the developer must submit a new plan. Comm., Woodward rioted that a person could not fulfill the con.ditioAs of the use permit if he just constructed the 30,000 sq. ft. building rather than both buildings is 0 PC-206 Page 4 8-TM-7 5 approved MINUTES OF THE OCTOBER 13, 1.975 PLANNING COMMISSION MEETING Comm. Cooper said the purpose of all this is to let people know what the City is planning. The Assistant City Attorney advised that the wording of Condition 19 should remain as it is in the staff memo. There followed a lengthy discussion on the overall traffic circulation. Mrs. Dwight Durke, Jr., 10271 Old Highway 9, P.O. Box 21, Cupertino, said she was not aware of the October loth meeting on this matter. She just now learned they will be required to give an additional 10 feet and she wanted it recorded that she was protesting this. She said it was bad enough that they be required to give 20 feet along the front of the property, but this additional 10 feet across the back is staggering. The Assistant.Planning Director explained the development goals of the 1973 General Plan. It was established that the City wants a 50' landscaped setback along Saratoga -Sunnyvale Road. It was further established that the small lots fronting along Saratoga--Sunnr,,ale Road should also have a secondary access. These 10 feet CZ1n be utilized as a parking aisle. Moved by Comm. Woodward, seconded by Comm. Adams'to close the public rearing. Motion carried, 5-0 Moved by Comm. Woodward, seconded by Comm. Cooper that the Planning Commission finds that tentative map 8--T14-75 is consistent with the 1964 General Plan and, therefore, approves application 8-TM-75, subject to the 14 standard conditions and conditions 15 through 20 as enumerated in the October 10, 1975., staff report. AYES: Comm, Adams, Cooper, O'Keene, Woodward, Chairman Gatto NOES: None Motion curried, 5-0 MINUTES OF THE OCTOB ER 13, 1975 PLANNING COMMISSION MEETING ]PC-206 Page 5 3. Application 2-TGPA-75 of CITY OF CUPERTINOa AMENDMENT TO GENERAL PLAN proposing a change in the traffic constraints within Vallco Park relative to construction phasing. The property is generally located adjacent to and westerly of Wolfe Road,, immediately southerly of the Vallco Village Shopping Center and contains 3.1 acres. First Hearing. F The Planning Director recapped the October 10, 1975 staff report on this matter, which included the draft EIR. He said the request at this time is for re--evaivation of the traffic conditio �s S. Two consultants were retained to study the proposal to take 311 acres out of the "uncommitted area". The total "uncommitted area" in Vallco Park is 69 acres. The trade --offs and results of the trade --offs were explained. Th D t f P 1,1 W 1 d th t' o h i e lrec or o u is or �s sununarize e cons�ruc 1 n p as ng f IT 11 P k h' 3 1 15 1975 o a co ar , per ss u y , memo . The Director of Public Works said one question to be resolved is how we are to handle a bank operation that generates very little traffic Monday through Thursday but on Friday it generates a great deal of traffic. Side trips are also addressed in the Report. Side trips are defined as those trips by a person stopping -for a period of time at, say, the tennis courts, and then continues on his •way,' which is being counted as one rather than two trips. The De Leuw Cather Report indicates there would be a 40% traffic reduction at the present Vallco Village entrance, and this would be transferred to the bank°s-new location, which is close to the signalized intersection of Pruneridge and Wolfe Road. Comm-. Adams asked if there is the -possibility of the bank 'going into the existing financial center at Stevens Creek Blvd. and Wolfe Road.. The Planning Director stated the financial centers traffic generation has already been computed. Vallco Park General Manager Walter Ward said they plan no reducti n in the shopping center size. The only way they could develop the larger bank building needed by First National City Bank was to reduce the size of the shopping center. When the bank first located in Vallco Village some 7 or 8 years ago it was with the understanding they would move into larger facilities in the high rise buildings which have not been built. The bank has.analized their customers and this new location would be the most convenient;'.. He indicated that somehow, we have to equate trip ends to i.ncludej, idling time. What we are really talking about is air quality. The traffic handling would be much more efficient at the bank's (. new location. € PC-206 MINUTES OF THE OCTOBER 13, 1975 PL.ANNTNG COMMISSION MEETING Page 6 Comm. O'Keefe commented that in his opinion, this proposal would be adding cars, which is unacceptable to him. He felt this would be setting a .precedent because this goes against the original agreement. Mr. Ward stated that if the bank is not allowed to relocate within Vallco Park it will go elsewhere, and the people will be driving farther to do their banking. Mr. Ward explained the 8500 sq. ft. reduction will not decrease the size of Penneys but will decrease the size of the mall shops. Comm. Woodward would like the developer to consider right turns only into and out of Vallco Village, in the event the --ft turns can be accomplished at the traffic signal at Pruneridge. The Director of Public Works said these mitigating factors could be considered once the Pruneridge full intersection i.,> in effect. At this point, Chairman Gatto suggested some basic discussion on bringing uncommitted property back :into developable property. Comm. O'Keefe suggested the mall shops will not be the traffic generators that the large department stores will be. He said the 8500 sq. ft. reduction in mall shoes will not mitigate the traffic that an 8500 sq. ft. -reduction in a major store would. Comm. Adams questioned the trade-off of 8500 sq. ft. versus 26,000 sq. ft. He agreed with Comm. O'Keefe that the anchor stores generate more traffic than mall shops. He was liesitant to take anything out of the uncommitted property without going through the entire Vallco Park plan again. The Director of Public Works said the traffic consultant's report speaks to the cintire traffic picture of Vallco. Comm. Cooper was concerned about setting a precedent with the requested release of property from the uncommitted land. In terms of trade --offs, it is difficult for her to equate the reduction in some mall shops with the increased size of the bank building. Realistically, she questioned whether the traffic figures should be based strictly upon building square footage, or if types of uses should be taken into consideration. Mr. Ward said that if it came to a number on the high side of 24000 square feet they would tell the bank that they would have to relocate and the people would sir.iply have to travel farther to do their banking. The bank needs larger quarters as soon as possible. 1 MINUTES OFTHE OCTOBER. 13, 1975 PLANNING COMMISSION MEETING Comm., O'Keefe said he would like to see this bank stay in our City, but on the other hand, we are looking at some very heavy loads of traffic. Mr. Ward said relocation of the bank to anothe area would increase the length of trips of the bank customers. It was his opinion that if this proposal is not accepted it will create more problems than if it is accepted. Comm.. O'Keefe repeated his opinion that he does not believe there can be a trade-off unless we are talking about the anchor stores. The point was made that even if the square footage of an anchor store was reduced, the merchandizing can be so rearranged so "they. is still no reduction in traffic. Chairman Gatto asked for comments from the Planning Commissioners as to whether they would be amenable to development of the un-- cozmn.itted property if the traffic increase was zero. The consen-- sus was that they would agree to it only if there was no traffic increase at all. Chairman Gatto next sought the Commissioners` opinions as_to the significance of the Friday banking traffic increase. The net increase for this proposal would be 14 Monday through Thursday and 69 on Friday. This includes a savings and loan operation going into. the present bank building. If this location went to retail it would reduce: the trip ends, especially for Friday.. Discussion followed, Chairman Gatto asked for comments from the audience. There were none. Moved by Comma O'Keefe, seconded by Comm. Woodward to close the public hearings. Motion carried, 5-0 Rather than a continuance, Mr. Ward asked for a decision from the Planning Commission at this time. PC-206 Page 7 .Moved b Comm. O'Keefe seconded by Comm. Woodward to den2�GPA-75 Y � � Y application 2-GPA-75 denied Discussion followed.. Comm. Cooper wanted to be more precise.in the Planning Commission's reasons -for denial. Alternatives that: might be explored include deletion of the savings & loran op11 eratioi,. She noted that access to the Center from Pruneridge is a plus. PC-206 MINUTES OF .THE OCTOBER 13, 1975 PLANNING COMMISSION MEETING Page 8 Comm. O'Keefe said he based his motion on the feeling that there is no trade-off unless it considers the anchor stores. He does not believe a small restaurant generates as much traffic. Chairman Gatto disagreed with Comm. O'Keefe's rationale. He felt that if Penneys were told to reduce their square footage they could probably still merchandize the same, It is very important to have the proper mix of stores. He felt that a 40,000 sq. ft. reduction in mall shops would not be wise. Comm. Woodward felt the proposal was not acceptable. The applicant has requested this be voted upon rather than continued. The Planning Director noted that this proposal was decided at this level, and would only go to the City Council upon appeal. AYES: Comm. Adams, Cooper, O'Keefe, Woodward NOES: Chairman Gatto Motion carried, 4--1 UNFINISHED BUSINESS 4. Request for extension of time for use permit 9-U-73 - Union Carbide Company. This was dropped from the calendar since a building permit has been issued. NEW BUSINESS,: 5. 2-GPC--75 of MIDPENINSULA REGIONAL PARK DISTRICT -- Determination as to general plan consistency of future open space acquisition by the Midpeninsula Regional Perk District -- Regnart Canyon Area. The Planning Director referred to I_he September 30, 1975, letter from Midpeninsula Regional Park Distric, General Manager Herbert Grench and the Planning Director's October 1, 1975, letter in response. He said 68 acres are involved here. The proposal is consistent with the General Plan. Moved by Comm. Woodward, seconded 1)y Comm. O'Keefe to adopt Resolution No. 1455. Motion carried, 5-0 Chairman Gatto noted that although the above Resolution says "...outside the urban service area...", his intent is to include all the hill area. 8 MINUTES OF THE.00TOBER 13,. 1975 PLANNING COMMISSION MEETING PC-206 'age 9 After discussion., it was moved by Comma Adams, seconded by Res. 1446 Comma Woodward to -approve Resolution No. 1446-with the following approved as revision to Paragraph 2; "All property designated on Exhibit C-1 revised as residential, rural residential and foothill residential shall have an underlying use classification of public park/open space to enable the City, the Mid -peninsula Regional Park District, the Santa Clara County, or other public agencies to,acquire propertie for public park/open space purposes in a manner to be consistent with the General Plan, to be reviewed by the City...Lands desig- nated foothill residential and rural residential "on Exhibit C-1 can be utilized for agricultural and other private open space uses." AYES; Comma Adams, Cooper, O'Keefe, Woodward, Chairman Gatto NOES; None Motion carried, 5-0 6. Annual review of Urban Service Area boundary. The Planning Director referred to his October 10, 1975, staff memo on this mattes Moved by Comm. O'Keefe, seconded. -by Comm. Adams to adopt a No change to Resolution to advise the City Council that the Planning Commissiol Urban Service does not recommend any change to the Urban Service Area at this _ Area proposed. time. Motion carried, 5-0 76 Discussion pertaining to the Social Element of the General Plan The Planning Director referred'to his October 9, 1975, staff memo on this matter Social Element This matter wa-s postponed, pending further input, input requested Sa Status report regarding Stevens Creek Blvd. plan line. The Assistant Planning Director referred to details -in the Octobez .10.th staff memo on this matter. Chairman Gatto would -like more citizen input on this, A study session for Stevens Creek :Blvd. configuration discussion •SCB study session was set for Thursday, November 13,. 1975, at 7;30 p:md 'Nov lath f PC-206 Page ]_0 6-TM--7 4 conditions would have to be amended MINUTES OF THE OCTOBER 13, 1975 PL.INNLNG COMMISSION MEETING REPORT OF THE PLANNING COMMISSION Comm. Cooper asked the Director of Public Works to check on the condition of City -owned property. REPORT OF THE PLANNING DIRECTOR The Assistant Planning Director referred to the October 10, 1975 memo in regard to application 6-TM-74. He asked for the Planning Commission's interpretation of Conditions 20 and .21. The question is whether these 2 conditions represent the only way into the property. The applicant would prefer to have access from Regnart Road rather than the longer way through the proposed road through property being considered by the R::gi.onal Park District. Comm. Woodward said Condition 16 addresses a reciprocal driveway which is clearly marked on the map. Mr. Jerry Merkelo, speaking for his Father, said they are proposing to build on that property. In order to meet the condition of grade the private road is steeper and much more expensive. The proposed building site is about 100 feet from Regnart Road. They have graded to the extent that they needed the bulldozed track to get into the property to have it surveyed, It ;,as covered with poison oa.k and the surveyor would not go in unles, it was cleared. Comm. Adams was of the opinion that the applicant must file a new map application. The Assistant City Attorney said that legally, you cannot approve grading that was not specified on the approved map. Moved by Comm. Adams, seconded by Comm. O'Keefe, that the interpretation of conditions 20 and 21 of applicaLion 6-TM-74 contained in Planning Commission Resolution No. 1305 do limit access to parcel A of said tentative map to the driveway easei:ent locations described by said conditions. The Planning Commissions determines that an alternative access drive to parcel A would hav- to be approved by the Planning Commission and City Council via a put)lic hearing to amend the conditions of the approved map. AYES; Comm. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto NOES; None Motio.l carried, 5--0 MINUTES OF THE OC:TOBER 13) 1.975 PLANNING COMMISSION MEETING The Planning Director reminded the Commissioners of the League of California Cities' Conference in San Francisco on October 19, 20 and 21st', ADJOURNMENT Chairman Gatto adjourned this meeting at I1:40 p.m. APPROVED /.s/ John M. Gatto Chairman ; ATTEST. /s/ Wm. E. Rydec f City Clerk i