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