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PC 05-05-75CITY OF CUPERTINO, STATE OF CALIFORNIA PC-188 10300 Torre Avenue, Cupertino Wage 1 Telephone- 252-4505 MINUTES OF THE ADJOURNED MEETING OF THE PL-,UNNING COn,IISSION HELD ON MAY 5, 1975 IN THE LIBRARY CONFERENCE ROOM CITY HALL, CUPERTINO., CALIFORNIA SALUTE TO THE FLAG The meeting was called to order at 7. 30 p.m. by Chairman Gatto, ROLL CALL Comm, present; Adams, Cooper, O'Keefe, Woodward and Chairman. Gatto Comm. absent: None Staff_ present: Assistant Planning Director Cowan City Attorney Kilian Chairman Gatto suggested item 2, Discussion of alternate meeting date for May 26 meeting which is a holidayebe discussed at this point, After discTSsion, Ccimn. Adams moved to set the meeting for Thursday May 29, 1_975 r Seconded by Comma O'Keefe. Motion carried, 5-0 PUBLIC HEAF.INGo 10 Application 3-Z-75 of CITY OF CUPERTINO> Rezone approximately I3-Z--75 150 acres from various zones to Planned. Development, The 150+-ICITY OF acres located westerly of Saratoga-Suunnyvale Road between CUPER.TINO Route 280 freeway and Alves Drive and easterly of Saratoga - Sunnyvale Road between Route 280 freeway and St. Joseph Church, First hearing continued. Chairman Gatto referred to Discussion Outline for May 5, 1975 Planning Commission Hearing involving the Highway 9 Conceptual Plan, ascertaining that everyone had a copy. Mr, Peter Pavlina, representing Mariam interests, asked to read a letter into the record at this time. Permission was given and he read. the letter which indicated the possibility of a cross-complaint,being filed against the City of Cupertino. Chairman. Gatto felt it should be clarified as to just which property this letter was, speaking: "V IPC-188 I MINUTES OF THE ADJ. PLANNING CO1%1MISSI0N :fEETING OF M.AY 5, 1975 A Page 2 Assistant Planning Director Cowan said before the first draft was prepared, the staff would like to have the Commission's basic consensus on several issues. The first issue was land use type and intensity. The question was raised of should the General Plan be reaffirmed relative to land use designations within the study area or should the plan be modified to reflect present land use conditions. He referred to two existing non -conforming establish- ments on the east side of the road, the Donut Wheel and an auto repair shop. He said Mr. Dempster, representing the Donut Wheel, had submitted several letters asking that the Commission consider amending the General Plan to allow commercial use on that side of the road. Mr. Cowan noted the auto repair shop would not be forced to leave because of the widening of Highway 9 and landscap- ing strip. He located the two sites in question. Mr. Cowan said another question was the land area adjacent to the freeway, industrial versus residential. Should the General Plan be clarified to allow the mixture but stating that area should be industrial. Comm. O'Keefe said if they were going to zone an area as industrial to buffer between residential and 280, what is a reasonable amount to allow for providing maximum opportunity for an industrial site? Mr. Cowan suggested a policy statement in the General Plan saying there was a concern about developments next to freeways. With reference to non -conforming businesses, Air. Louis Paviso, 22820 San Juan goad, Cupertino, said his auto shop had enough room to park cars. If they take 50 ft. plus 30 ft. the City of Cupertino will be guilty of making his parking lot too small. He said he had heard they were also going to cut his access to Highway 9 out. Chairman Gatto said this brought up two good discussion points. One, how they were going to treat existing property on Highway 9 for access and two, whether they are going to recognize existing uses on east side of Highway 9 that are in conflict with the General Plan. Zoning on that side of the street is proposed to be residential and industrial. Mr. Cowan answered Comm. Woodward that no survey had been made on these properties in terms of what number of spaces were needed versus the number of spaces they had. He referred to aerial photo which indicated size of the properties. Air. Paviso answered Comm. Adams that he had been in business there since 1932 and he would like to stay there. Mr. Kilian affirmed that if Mr. Paviso left the auto shop as it was, doing nothing to `t, he could continue as an existing non -conforming use. MINUTES OF THE ADJ. PLANNING CO11,MISSION OF MAY 5, 1975 A discussion was held on whether Mr. Paviso would have sufficient spaces after the right-of-way and setback were acquired. Chairman Gatto asked how this right-of-way would be acquired. Mr. Cowan noted at one time it had been hoped it would be an L.I.D., now it might be Capital Improvements or as development occurred. Mr. Paviso said he understood Marianis were against the 50 ft. take and so was he. Chairman-Gatto explained it was not a "take", but a setback which would be landscaped. Mr. Cowan said a profile of a section of Highway 9 showed two 10 ft. parkways (sidewalk areas)'and 110 ft. of pavement and median, four lanes and two bike paths. Setback is land - area that includes 10 ft. of public property. and 40ft. of private property. The 40 ft. would not allow parking. Mr. Paviso said his property was 210 ft. from center of original road. His parents had given 13 ft. for right-of-way.- Chairman Gatto pointed out the take for the roadway should be differentiated from the landscap- ing setback. It was figured Mr. Paviso would have approximately 145 ft. left from property line after widening of Saratoga -Sunnyvale Road. Mr..Kilian.gave the opinion that the uses could be..continu.ed as non- conforming uses even though the ownership changed. The amount of. improvement allowed on non -conforming use per year was discussed. In discussing means of implementing acquiring of 50 ft.-setback, noting the small lots would bemost effected,14r. Cowan said there were two alternatives. One was to allow each owner to develop with the most landscaping possible. Another was to modify the 5. Year Capital Improvements Plan to acquire the approximately 3 or 4 properties involved. Comm. O'Keefe.commented that modifying frontage through landscaping and setback would substantially alter the effectiveness of these properties as viable businesses. They are dependent on ingress and egress and traffic and he did not think they would be able to continue to operate. He would like to look at modifying the Capital Improvements Plan and acquiring the small lots and businesses thereon. Comm. Woodi�7ard said he felt that they should look at Highway 9 and set a general concept. If they are going to allow existing non -conforming uses, then they would have to ease up on 50 ft. setbacks. This of course did not apply to undeveloped properties. Comm. O'Keefe.said if the 50 ft. was considered essential, then it should apply to entire frontage.. Comm. Woodward referred to Ernie's Liquor Store. He thought it should be consistent on both sides .of Highway 9. The typical parkway concept with undulating mounding could allow for only 20 or.30 ft. setbacks in certain areas - in future years somebody else could complete the 50 ft. setback. PC-188 Page 3 IPC-188 MINUTES OF THE ADJ. PLANNING ING COM114ISSION THEETING OF MAY 5, 1975 Page 4 Comm. Woodward pointed out if Lazaneo went through, the Donut 1Jheel would have to go, which would leave only the auto repair shop. He referred to sir. Dempster's letter suggesting the donut shop be allowed to purchase adjacent property with commercial intent. These two businesses then could have 30 ft. of landscaping. Per,iaps a driveway could be shared by them. Comm. Cooper spoke to flexibility in terms of setback, suggesting perhaps they should talk about interim type things until such time as -ion-conform- ing uses don't exist. Chairman Gatto said the point seemed to be should they initiate program today to get 50 ft. landscaping on bot`.i sides as quickly as possible or to let the 50 ft. buffer take place as the properties develop. Comm. Woodward said the City had lots of latitude. One way would be not to enforce the "no curb cuts", and two, don't put up 3 or 4 ft. mounding with landscaping to hide business because businesses can't operate that way. They would then be looking at one little strip that would have no mounding and maybe 20 ft. of low landscaping. Mr. Paviso said it seemed the City of Cupertino doesn't want any commercial. He said if they would zone Brown's property as commercial and give him equal land there, he would move over. Chairman Gatto pointed out there is commercial zoning on that side with the only restriction being that of 16 trip ends. Mr. Paviso's business would fit well with that restriction. Ms. Ann Anger, Monta Vista, said when .Dr. Brown came in with another plan for 20+ acres, this was what he had in mind - to have small businesses in one area. We need these businesses as long as they are attractive. If the property owners could get togetl;er they could have planned develop- ments that would be attractive and this is the way it could be done. Chair- man Gatto agreed Dr. Brown's original . an was very acceptable. Mr. Paviso asked why the Catholic Church property and two others were not included. Mr. Cowan explained they were included in the Stevens Creek Boulevard plan. Comm. Woodward pointed out the take for the right-of-way would have to be. The setback was something they were tring to decide on. Comm. O'Keefe said they must ask themselves if havin-, this length of landscaping with great integrity and then reducing to siiall strip of landscaping in front of two very old buildings would be in the best interest of the businessmen and of the City. He said he could see where they would be in a position of being held responsible for the loss of business because of landscaping. It would hide the businesses and ruin Landscaping theme. MINUTES OF THE ADJ. PLANNING COMMISSION MEETING OF MAY 5, 1975 Comm. Woodward said trying to get 50 ft. of landscaping .on both sides would be foolish. Smaller landscaping areas could be attractive. He would go along with the City picking up the tab for landscaping for thes small existing properties. The sidewalk should go in the entire length. of street so it would be uniform. The landscaping could be ,minimal, they would have to allow curb cuts and they.would need to be concerned about signing allowed and intensity of signing. A discussion was held on equal treatment for the properties. Mr'. Kiliar. advised there was no the City could.force a property owner with a non -conforming use to landscape anything. In.the abstract, the 50 ft. setback would be treating them equally, but it is a question of ccmpen.se Ling for taking over land, Chairman Gatto ascertained that the Commission would like a 50 ft. setback the entire length of Highway 9 with minimal curb cuts - speaking ideally. Realistically this can't happen overnight. He suggested the larger property owners as they can develop undeveloped land can be required,to have the 50 ft. setback., This has already occurred. The existing use of the Liquor store and Arco will probably remain; when. - they change to'another use this could be looked at. Widening of the road and then trying to introduce a 50 ft. setback would alter most uses all the way up Saratoga -Sunnyvale Road. He suggestedthe existing uses would be allowed to exist as non -conforming uses with perhaps the street trees being planted within the 10 ft. public right of way, and a compromise being worked out to meld that use -with the 50 ft. setback. Chairman Gatto pointed out on the east side there is opportunity to do the 50 ft. for entire length except for these two small properties. In that case there might be a policy from the City standpoint to try to acquire these properties to effect the 50 ft. setback. The Catholic Church property would be another problem. He suggested there again they might be.some discussion with the.church to compromise with parking and to introduce further landscaping to blend.with the 50 ft. setback. Chairman Gatto further pointed out the real impact of landscaping is from the trees. The 50 ft. horizontal distance is less of a visual impact. The introduction of trees is probably more important in overall design concept than the width of the landscaping. There might be ways to introduce trees within the existing uses that don't conflict with the existing parking, don't interfere with uses of land and still tend to meld uniformity along Saratoga -Sunnyvale Road. Comm. O'Keefe said they must be consistent. They are talking about options for the property owners and for the City. He spoke strongly of distinguishing east and west sides of the road. In answer to Chair- man Gatto, Comm. O'Keefe noted he thought the Catholic Church had tentative plans for moving to another site. PC-188 Page 5 IPC-188 i 'MINUTES OF THE ADJ. PLANNING COi24ISSICN MEETING OF MAY 5, 1975 Page 6 Comm. Woodward asked Mr. Paviso it anyone_ had approached him about attaching; his property to the diner pz operty and 11,1r. Paviso said no. Mr. Paviso asked who had decided this 50 ft. setback. Mr. Cowan gave a brief- history as to how the 50 setback had evolved. He pointed out the landscaping had been designed so it could be developed incrementally. Comm. Cooper suggested it should be decided what would be left of Mr. Paviso's property after the road was widened - the 50 ft. setback might be a mote point. If this were the case., she would be in agreement of purchasing the two non --conforming sites. Comm. Woodward referred to ilr. Dempstet�'s suggestion of allowing the donut shop to relocate on back of existing property. Ile felt something could be worked out whereby these two properties could be allowed to remain. Ile suggested looking at a 10 ft. landscaped area with perhaps a little more that could allow for par.tcing space. Comm. Woodward commented they did not :rant to create an island with these two properties; if they modified plans, it would have to be zone commer- cial to Stevens Creek Boulevard. He w_uld opt for keeping them as non- conforming uses with zoning as exhibit._d. Comm. Adams agreed. Mr. Kilian referred to the donut shop, pointing out this could not be moved without amending the General Pla--i. The question was raised whether not b r _ den b, t :i.ght po� __ to taking for tni.s ,ni_ ght. e ov r i d 1a�., I ,.t r rt , rigat -o.f-way. Mr. Kilian agreed the oi.dinance might be in conflict with another law in respect to relocating. This would have to be looked into. The Commission tentatively decided tha` from a long term basis the Donut Wheel and auto repair shop in the east side of Saratoga -Sunnyvale Road can remain as non -conforming uses but that the property shall_ be zoned in conformance with the General. Plan. fn e Commission asked the staff to check with the City Attorney regarding the legal implications of moving the Donut Uheel Shop. The discussion then turned to land area adjacent to the freeway. Chair- man Gatto asked if they wished to prohibit residential development from bordering along freeway or to establish some type of buffer with industrial use. Comm. Adams referred to housing goals �.hich spoke to this. He did not think they had enough facts at this point to say whether an industrial complex could be allowed until they kntw what it would do to the total trip ends or how it would blend with or be separated from the residential. Chairman Gatto summarized it was the Co=,,;ission`s determination that the developer should determine his :and use based upon the General Plan and that the City should not dictate a "pure" industrial use adjacent to the Route 280 freeway. The Commission will review future plans, should they be residential, to ensure that future residents would be protected from noise and air pollution. MINUTES OF THE ADJ. PLANNING COMLZISSION MEETING OF MA.Y 5, 1975 Chairman Gatto answered a question from the audience that in the long range program Mariani Street was scheduled to receive a signal and Greenleaf Drive would go through on the west. The exact configuration of Mariani. Street had not been decided. It was clarified the "issue sheet" was a discussion document only. The next issue for discussion was disposition of surplus trips. Chair- man Gatto explained the rationale for the 16 trip ends. It is the total amount of traffic that Saratoga -Sunnyvale Road can handle from that are divided by the total acreage. He explained how the trip ends were assigned to various uses. Since they were looking at a total area, the question had come up of what should be done with any trip ends that are not applied to a certain piece when it develops. Chairman Gatto pointed out there were several alternatives (1) The trip ends would be held by that property owner as a reserve. (2) The trip ends could be traded off or sold to another property owner. ,(3) Any unused trip ends could be dropped. (4) The trip ends could be pooled with the City to administer the pool and allocate on the . basis of staff°s suggestion. The allocations could be made to give a small property owner more trip ends or they could be assigned to asocial goal use. It was stressed that at no time would the total in the goal border be exceeded. It Baas 'also''clarified that both they` .. west and east sides of the street were included in the goal border area. It was noted that the 16 trip ends were based on assumption that hours for the uses were 'staggered and were for 25% land coverage. If less than. 25% was built, there would be trip ends left over. In answer to a member in the audience, Chairman Gatto said the i.mperical' data was a combined effort between staff and traffic engineers. Chairman Gatto noted the intensity of impact could be adjusted by modifying trip ends either u.p.or down, and the General Plan could be modified in time and retain flexibility with this fairly simple tool.' A member in the audience said regarding pooling of trip ends, he did not think this would work. This would create very difficult problems in evaluation. Suppose trip ends were traded off and the property was sold. Could this be divorced from real property? Mr. Kilian said from a. legal standpoint he did not think it could be done. Comm. O'Keefe pointed out they -sell air rights, setback rights,,mineral rights, density transfers, etc. He said they are selling trip ends in the United States and with success in Chicago; PC-188 Page 7 IPC-188 MINUTES OF THE ADJ. PLANNING COM11ISSIOV MEETING OF MAY 53, 1975 Page 8 Comm. Woodward said it would be necessary to delineate the exact number on use permits. HP_ .felt the pool system would penalize the person who did not want to develop at this time. Not allowing sale of trip ends would encourage agglomeration. It was agreed that if the property owner divested himself of trip ends, they could never be gotten back; it would be like selling real property. Mr. Kilian said it would have to be a matter of record so purchaser would have knowledge of it. The use permits are public record, but are not recorded. He said any property right can be recorded. After further discussion, the Commission recommended that Alternative 3 in the March 14, 1975 report be implemented so that each owner shall have the ability to retain, sell, or negiotiate a trade of trips with other property owners within the total Highway 9 study area. The Commission asked the staff to investigate the most appropriate means to ensure that trip and status of each property was somehow recorded in a manner to protect future buyers. The concept of development rights transfer was mentioned as a possible example of how other jurisdictions transfer a type of development right to other property owners. With regard to design guidelines, Chairman Gatto recapitulated concern- ing implementation of 50 ft. setback is terms of impact on small lots; those lots made undevelopable if the 50 ft. setback was imposed. Ideally,over a long term, the 50 ft. buffer on both sides of the street would be their goal. Realistically, the optional approach on the east side could be for the City to acquire Lhe two non -conforming uses and continue ft. buffer to church property and try to meld the property into continuation of landscaping buffer. On the west side, it would be to achieve the 50 ft. buffering whenever possible in new developments, allowing existing developments to exist and if they are to expand or modify, to work to meld them into the 50 ft. easement. Comm. Cooper questioned who would maintain the 50 ft. buffer. This was discussed. Comm. Cooper said her concern was that where there were non -conforming uses the City would be talking about a long time before they achieve the setback. She questioned whether some acLion should be taken to percipi- tate this occuring. The intent of gc..ng into 50 ft. setback was to provide an image of the City and she suggested something could be achieved by assisting a landowner who might not be planning on doing any change of land use for many years. Chairman Gatto said there were two concerns: that of undeveloped land which would lie vacant and the developed property which the 50 ft. setback would eliminate. He did not see how the City could initiate a program that would improve the whole 50 It. lie thought it had to happen with the guidelines. MINUTES OF THE ADJ. PLANNING COMMISSION MEETING OF MAY 5, 1975 Comm. Woodward said the program is tied up with the incompatability'of the 50 ft. landscaping on existing uses. He assumed the City would be putting in 10 ft. of landscaping on non -conforming uses. Somebody will have to take the initiative. The City could look to how it can get another 5 or 10 ft. of landscaping in front of these businesses. Comm. Cooper suggested something on -an interim fashion with the City working on a matching fund type program. Comm. O'Keefe wanted to clarify that his discussion on density transfer was based on property that had not been given a plan approval by this body'. After further discussion, Mr. Kilian. said hi --supposed an ordinancf could be passed which would allow trade-off of trip ends. Chairman Gatto said the choice seemed to be either to follow guidelines and.'allow development to occur or to initiate action to implement guide- lin'es . Comm. Adams said,he would prefer to leave it and go with the continuing development that might come in in the future. The City isn't rich enough just yet to take on something this big." Chairman Gatto pointed out that if a bond was initiated and the trees were planted, this would raise the question of who would maintain them and if the tree dies, who would replace it. They have to solve' -both the maintenance and the planting problem together to have . a viable scheme. Two alteratives were to have a maintenance program continuous for'the whole strip, or to have maintenance district with assessment, or have assessment take over when maintenance isn't done. Comm._ Woodward referred again to the 10 ft. "of landscaping. The meandering sidewalk was discussed. Incremental placement of the sidewalk areas could present problems. Comm. Cooper said on -such a long term plan, she did not think it would achieve the effect intended. She felt the City should take a more active part in achieving it. With regard to the sidewalks, Mr. Paviso said this street would not be a pleasant place to walk and he did not think anyone would have an occasion to walk on it anyway. He.th'ought the trees and landscaping were a good 'idea, but the sidewalk could be eliminated.` It was suggested the bike lanes could be put in their place. Conn. Cooper said the sidewalks would be helpful for people getting on and off bus. Chairman Gatto felt the Commission should avoid making" too definitive a plan now. PC-188 Page 9 PC-188 MINUTES OF THE AD. PLANNING COMMISSION MEETING OF MAY 5, 1975 Page 10 Comm. Cooper said she felt they should aim as an optimum for this kind of thing in the future and take steps 3t the present time to do something on an interim basis where possible. Slie would suggest trees be planted, and on property where existing use is present, an option could be given whereby the property owner can enter into a matching fund situation where the City would assist him in landscaping front portion of his property. Regarding maintenance, the owner would be responsible for this. They need to do something to encourage beautification of thi3 area. Comm. O'Keefe said planting trees would be a major first step. This would add value to the property and beauty to the City. Comm. Adams said he would go for design guideline approach and leave it up to the developer to make the pro;osed plan on something which is set down as a guideline. He did not see forcing the issue. Comm. Woodward noted a precedent has already been set by the City to maintain street trees. Matching 5 year and 20 year old trees won't work. It was summarized that the Commission determined that the concept of developing a 50 ft. right -or -way is ideal and should be considered as a long term plan. However, from a practical point of view, the City should develop a short term plan which would reflect problems associated with small lots that can't Give up the 50 ft., small and/or large lots already developed in a manner that would preempt the development of a 50 ft. landscaping strip and undeveloped large parcels. The Commission asked the starf to develop a program that would provide a City incentive to initiate landscaping in order to speed up the review process. The Commission generally was unhappy with the concept of allowing development of the landscaping area to occur on an incremental 'oasis. The stiff was asked to explore the possibility of at least planting trees within the undeveloped portions subject to approval of the property owner. A determination must be made whether or not trees can be planted without the approved road construction plans for. Saratoga -Sunnyvale Road. Perhaps the sidewalk areas can be designed in a manner to rt_cognize the small lots and the large and small developed lots that cannot work into the 50 ft. landscaped area on a short term basis. Mr. Edward J. Murphy of Clark Fork, Id,iho, was answered by Mr. Kilian that if with the right -of way take there is no reasonable use of land left over, it would incumbent upon the City to take the whole property. Chairman Gatto said Mr. 11urphy's option would be to take development rights out of property and either amal:�omate with another piece or to sell development rights to another property owner. He said there was a responsibility on the part of the City to provide a just compensation for land rendered unusable or allow another alternative for him to relocate somewhere else or assign additional trip ends as part of compensation. MINUTES OF TIIE ADJ. PLANNING CO,14MISSION MEETING OIL MAY 5, 1975 Mr. Murphy was advised they -would have to take a look at specifics of d1 his property before a final analysis was made. Mi. Cowan suggeste e meet with the Director of Public Works to discuss. this. It was noted there is no known time schedule for the widening of Saratoga. -Sunnyvale Road. The Commission next discussed the policy regarding joint curb cut and internal driveway/roadways and determined that the concept of allowing existing developed properties and small undeveloped properties to have temporary access to Highway 9 is acceptable with the understanding that a condition of approval would be attached requiring the property owners to close the curb cuts at such time as an internal circulation system is provided. ADJOURN1MIENT At 1.1:35 p.m., Comm. WoodvTard moved to continue the meeting to Monday, June 2, 1975 at 7:30 p.m. Seconded by Comm. O`Keefe Motion carried, 5-0 .APPROVED. /s/ John M. Gatto Chairman PC-188 Page 11