PC 10-28-85 CITY OF CUPERTINO, STATE CF CALIFORNIA PC-479
10300 Torre Avenue Page 1
• Cupertino, CA. 95014
Tel: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON OCTOBER 28, 1985
SALUTE TO THE FLAG: 7: 30 P.M.
ROLL CALL:
Commissioners Present : Com. Mackenzie
Com. Adams
Com. Sorensen
Vice Chr. Szabo
Staff Present : Dir. of Ping. & Commty Devel.Cowan
Assistant Planning Director Piasecki
City Attorney Kilian (8 : 50 p.m. )
APPROVAL OF MINUTES
MOTION: Co. Sorensen, to approve the Minutes of the
REgular Meeting of September 23, 1985, as
submitted.
SECOND: Com. Adams
VOTE: Passed 4-0
(Chr. Claudy Absent)
(The Minutes of the Regular Meeting of October 14, 1985 and
• Special Adjourned Meeting of October 16, 1985 were continued) .
POSTPONEMENTS OR NEW AGENDA ITEMS
MOTION: Com. Mackenzie, to continue Item #5* to the
Meeting of January 13, 1986, per the request
of Marriot Corporation and their architects.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
WRITTEN COMMUNICATIONS
Letter from Dr. Barbara Stoffer concerning air quality.
ORAL COMMUNICATIONS
CONSENT CALENDAR
ITEMS REMOVED FROM CONSENT CALENDAR
PUBLIC HEARINGS:
1. Application 25-Z-85 CITY OF CUPERTINO (P.G&E PROPERTY) :
PREZONING approximatey 53 acres from County of Santa Clara A
(Agricultural) and R1-10 (Single Family, Residential) zones
to City of Cupertino A (agricultural) zone. ENVIRONMENTAL
REVIEW: The Environmental Review Committee recommends the
granting of a Negative Declaration. The subject property is
• generally located between Stevens Creek Boulevard and Cristo
Rey Drive approximately 1,000 sq. ft . west of Foothill
Boulevard. First Hearing. Tentative City Council hearing
date is November 4, 1985.
• Referred to as Item #6 on the Agenda
PC-479 PLANNING COMMISSION MINUTES, OC:'OBER 28, 1985
Page 2 2. Application 26-Z-85 CITY OF CUPERTINO (SO. PACIFIC RAIROAD
RIGHT OF WAY) : PREZONING approximately 11 + acres from Santa •
Clara County A (Agricultural) and R1-10 (Residential,
single-family, 10,000 sq. ft . minimum lot size) zone to City
of Cupertino T (transportation) zone or whatever zone may be
deemed appropriate by the Planning Commission. ENVIRONMENTAL
REVIEW: The Environmental Review Committee recommends
e mmends the
granting of a Negative Declaration. The subject property is
generally located between Stevens Creek Boulevard and Cristo
Rey Drive approximately 1,000 sq. ft . west of Foothill Boule-
vard. First Hearing. Tentative City Council hearing date is
November 4, 1985.
Mr. Cowan, giving the Staff Report, explained these were mainly
"house-keeping functions" . In the case of the PG& E property,
he said, if they wished to expand their facilities in future,
they would have to apply for a use permit, though agricultural
uses were a matter of right .
Earl Nelson, PG & E Agent in San Jose, said they had no
objections, but wanted their substations to remain, with an
option to expand if required, and an option to put a caretaker' s
mobile home on the agricultural land.
MOTION: Com. Adams, to close the PUblic Hearing
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
Mr. Cowan noted the Agricultural Zoning Ordinance did not .
reference mobile homes and that such might have to go through
use permit procedure, but felt it would be a reasonable use.
The Commission was in agreement .
MOTION: Com. Sorensen, to recommend the granting of
a Negative Declaration with regard to Appli-
cation 25-Z-85.
SECOND: Com. Mackenzie
VOTE: Passed 3-0
(Chr. Claudy absent, Vice Chr. Szabo abstaining
because of conflict of interest) .
MOTION: Com.. Maokenzie, to recommend approval of
Application 25-Z-85, subject to the Findings
of the Staff Report and Subconclusions of the
Hearing.,
SECOND: Com. Sorensen
VOTE: Passed 3-0
(Chr. Claudy absent, Vice Chr. Szabo abstaining
because of conflict of interest) .
MOTION: Com. Sorensen, to recommend the granting of
a Negative Declaration with regard to Appli-
cation 26-Z-85
SECOND: Com. Adams
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Mackenzie, to recommend approval of
Application 26-Z-85, subject to the Findings
of the Staff Report and SubconoUsions of the
Hearing, with Conditions 1 and 2 of the Staff Report .
PLANNING COMMISSION MINUTES, OCTOBER 28, 1985 PC-479
SECOND: Com. Adams Page 3
• VOTE: Passed 4-0
(Chr. Claudy absent )
It was noted Items 1 and 2, above, would be heard on
November 18, 1985 by City Council, rather than as noted on
the Agenda.
3 . Application 27-Z-85 of CITY OF CUPERTINO (JACKSON PARCEL)
EXISTING 7-11 CONVENIENCE STORE) 10650 BUBB ROAD: REZONING
approximately . 31 t gross acres from P (Planned Development)
to R1-7. 5 (Residential, Single-family, 7,500 sq. ft . minimum
lot size) zone or whatever zone may be deemed appropriate by
the Planning Commission. ENVIRONMENTAL REVIEW: The Environ
mental Review Committee recommends the granting of a
Negative Declaration. The subject property is located on the
east side of Bubb Road approximately 100 ft . north of Elm Ct .
Assistant Planning Director Piasecki explained the concern
that the property was possibly inappropriately zoned and
explained the circumstances of the recent Application, which
had been stopped by the property owner himself, after which
the Commission had initiated a Hearing to consider residen-
tial zoning. Staff suggested an alternate proposal, however.
because of the limitations of the zoning rules, he said.
It was established by the Commission that if the present use
was discontinued for six months, ther might be power to
change the situation; also only a certain percentage of
• structural alterations could be made to the 18-year old
building under the Non-conforming Use Ordinance.
Com. Mackenzie was strongly against any option for the owner
to rebuild commercially.
Hugh Jackson, owner of the property, advised Southland
Corporatin still had approximately an eight-year lease, but
assured he would work with them to put something "logical"
there. He did not want anything the City did not want, he
the restaurant/deli
said, and had discouraged application
g
when he had realized the circumstances. He favored putting
in an office building.
Questioned by Vice Chr. Szabo on his feelings about possible
residential zoning, Mr. Jackson explained this was his major
investment, and that he could not afford it .
Paul Sonnenblick, Upland Way, representing the West Cupertin.
Homeowners Association, commended Staff for the excellent
suggestion and remindedt;hat a low traffic use was essential.
Dick McElveny, Principal of Monta Vista High School, favored
Staff's suggestions, not wanting another attractive nuisance
in the area.
Bob Pressley, 8093 Presidio Drive, felt the site should be
zoned residential for traffic and safety reasons, and felt
the homowners would work with Mr. Jackson to support any
residential application.
-
PC-479 PLANNING COMMISSION MINUTES, OCTOBER 28, 1985
Page 4
Ro
n Chapman, 21461 Elm Court, felt this was an opportunity
to correct an error in planning, and that
extending the
commercialusewould encourage building
o e deterioratesof g on the •
and would also leave an attractive parking lot for loitering.
James Purdy, 7950 McClellan Road, had been alarmed, and had
telephoned Mr.Jackson when he had heard of the deli operation,
and Mr. Jackson had not been aware, he said. He felt the
e
property should not be zoned residential against Mr. Jackson ' s
wishes and he should be allowed a less intense commercial use.
Ken Race, Liberty Court, wanted the business hours restricted.
He was advised by Staff and the Commission (in the absence
of the CityAttorney) that probably the
p oba ly use would be able to
be continued with the present hours, under the Non-conforming
Use Ordinance.
Mr. Race felt, in that case, and also because of traffic,
that the zoning should be changed to residential, as it
seemed the same problems would continue. He mentioned a
letter from his neighbor to the same effect .
Vice Chr. Szabo established that even if the property was
rezoned residential, Mr. Jackson could keep a high commercial
use, maybe even involving the sale of liquor, there indefinitely.
Susan Robertson, Presidio Drive, representing Lincoln Elementary
P .T.A. , said having three schools in the area made 7-11 an
attractive nuisance. She asked if Staff ' s suggested limited
uses would be specific, since some of the uses such as laundro411
-
mat and photo-store she thought could be problematic . She
wanted the neighborhood consulted in any decisions .
Mr. Piasecki informed that the Commission might want the
discretion to interpret whether a proporal was a similar use
to those allowed. He felt the Conditions were strongly worded
enough to disallow a photo-drive-up type use there.
Mary Ellen Dick, 914 Liberty Court, felt Southland might
block a similar establishment for six months, and thelease
could then revert to something preferable. She stated her
first choice as residential and second something not an
attractive nuisance, closing at 6: 00 p.m.
Mr. Pressley felt a business closing at 6: 00 p .m. would present
an attractive-nuisance parking lot . He wanted the option of
residential written into Staff' s approach.
Vice Chr. Szabo established with Mr. Cowan that dual use
could be allowed under the General Plan, and there was an
incentive, in that residential would not affect the F.A.R. *
Audrey Chapman, 21461 Elm Court, wondered if Staff' s suggestion
was adopted, it could be declared that no alcoholic beverages
be sold.
It was felt by Staff and the C<�mmission, in the absence of
the City Attorney, that because of the Non-conformong Use
411
Ordinance it could not .
BREAK: 8 : 55 - 9 : 10 P .M.
*F.A.R. - Floor Area Ratio
PLANNING COMMISSION MINUTES, OCTOBER 28, 1985 PC-479
Ms. Chapman inquired about control of maintenance. Page 5
• It was established by the City Attorney and Vice Chr. Szabo
that if Mr. Jackson operated under the Non-conforming Use
Ordinance, the City would have little power in that regard.
Maria Gallo, President of Kennedy Junior High School P.T.A. ,
was concerned about the alcoholic beverage situation;
whether there would now be two sites with a liquor license
in the area.
Mr. Kilian advised that liquor licenses followed applicants
in appropriate zoning, which 7-11 still had, and that the
property in question could still support a liquor license
if applied for, depending on the rules of the ABC*. There-
fore, there was a possibility of two liquor licenses, if
the property owner carried on a non-conforming use.
Ms. Gallo asked that this fact be taken into consideration
when making a decision, and any commercial use needed to
consider the 3,000 school children in the area.
Ms. Robertson had permission to quote from two letters writ-
ten to her neighbor, Mrs. Dettinger, regarding a second
liquor license obtained by Southland in 1984 . Mrs. DettingeP
had protested it and had been assured by letter from South-
land that the existing 7-11 would be converted to a non-24
hour use, not selling alcoholic beverages, with no video
games. Ms. Robertson felt what had happened was repeating
the pattern of how the neighborhood had been treated all
along, and that the children' s interests, and not those of
one individual, had to be served.
Com. Adams asked that Ms. Robertson leave copies of the
letters for the record.
Mr. Kilian noted that Southland did not have the power to
make such statements, and that the City would be in a poor
position to protest the issuance of a new liquor license on
the site because of the Non-conforming Use Ordinance.
Shirley Pisano, Ft . Baker Drive, said the neighborhood had
expected improvements when 7-11 had moved, because of extra
control, and had not realized the new problems.
Com. Adams agreed, saying he might have voted differently,
it such had been realized.
Mr. Pressley felt the City should explore an Amortization
Clause, since it did not have one, and that the site should
be zoned appropriately, i.e. , residential. He noted elected
officials were expected to address the common good and
protect resident ' s rights.
Carol Cunningham, Edward Way, wondered if Southland' s new
tenant did not have a liquor license, the right to one would
lapse.
• Mr. Kilian advised that the continuation of a legal non-
conforming use might still give the potential for a liquor
license being issued.
* ABC - Alcoholic Beverages Commission
PC-479 PLANNING COMMISSION MINUTES, OCTOBER 28, 1985
Page 6 David Cauffman, Shattuck Drive, felt the only benefit of the
Staff recommendation was to provide more review, and that it •
would tend to perpetuate the commercial use of the property .
He recommended the Commission vote for the residential zoning,
feeling that Southland would in their best interest prevent
a similar use. to avoid competition.
Jessie Vann, neighborhood resident, felt there was a worse
problem now than eighteen years ago, and she and her husband
recommended the residential zoning, she said.
Richard Kollaren, La Paloma Drive, felt Southland would dis-
allow similar use and a liquor license there, and, if zoned
residential, the owner's only alternative might be residential.
Roy Hovey, 926 Fort Baker Drive, did not want to see businesses
fail there and the site become vacant, and wondered what
economic considerations the Commission could give.
Vice Chr. Szabo explained economics did not enter their decisions .
Mr. Piasecki felt with 34 categories of allowable uses in
Staff' s suggestions, there was flexibility to find something
viable.
Mr. Chapman noted that in a previous Application, over sixty
residents had registered their concern with the commercial use
of this property and wanted that taken into consideration.
Mr. Piasecki felt it would be unwise to restrict the Owner
to residential use, since he would likely continue the highest
possible use for as long as possible. 411
Mr. Race wondered if consideration had been given to the City
purchasing the property for park land.
Mr. Kilian suggested this question would be more a^prorriately
addressed to the City Council.
MOTION: Com. Sorensen, to close the Public Hearing
SECOND: Com. Adams
VOTE: Passed 4-0
(Chr. Claudy absent)
Com. Mackenzie favored an alternative to Staff' s suggestion;
that the owner could have the use of the building under the
Non-conforming Use Ordinance for its economic life, to revert
to residential from then on, possibly in a duplex zone .
Com. Sorensen agreed, but felt the allowable use should not
be at a higher level than"offioe" . She disagreed with the
laundromat use in Staff' s suggestions, and said she would
want to see adequate lighting in the parking lot .
Vice Chr. Szabo felt it would be preferable to have an office
building there immediately, which he felt would happen if they
voted for Staff' s suggestion.
Com. Adams was sure that if the residential use was voted in
and the Owner wanted an office use, they would consider it . •
Mr. Cowan suggested a finding that residential zoning intensity
could match that surrounding, which would mean conceivably
up to three units could be built there) if it was zoned
Planned Unit Residential, 5-10 per acre.
PLANNING COMMISSION MINUTES, OCTOBER 28, 1985 PC-479
MOTION: Com. Adams, to recommend the granting of a Page 7
410 Negative Declaration, based on the Finding
that the proposed recommendation would be a
less intense use than what had been reviewed.
SECOND: Com. Sorensen
VOTE: Passed 4-0
(Chr. Claudy absent)
MOTION: Com. Adams, to recommend approval of
Application 27-Z-85 as Planned Unit Residential,
zoned 5-10 dwelling units per acre, based upon
the Findings that t:It high concentration of school
children and one liquor license already in use in
the area, bordered by single-family homes, indi-
cate such a use.
SECOND: Com. Sorensen
VOTE: Passed 3-1
(Chr. Claudy absent, Vice Chr. Szabo voting
against the Motion as counterproductive) .
On the suggestion of the City Attorney, the Commission made
Findings they would seriously consider allowing the site to
become an office, and that considered uses would definitely
exclude a laundrormat, restaurant, or businesses involving
video cassettes, etc .
It was noted the Item would be heard by City Council on
November 18, 1985.
• 4 . Application CITY OF CUPERTINO: TRAILER ORDINANCE to
consider a comprehensive amendment to the Trailer Ordinance
regulating parking and storage of recreational vehicles,
trailers, mobile homes, and similar vehicles in all zoning
districts . ENVIRONMENTAL REVIEW: The Environmental Review
Committee recommends the granting of a Negative Declaration.
First hearing. Tentative City Council hearing date is
November 4, 1985.
Mr. Piasecki reviewed the Staff Report, advising Staff had
somewhat changed position to prevent enforcement problems
and had included some suggestions put forward by Com.
Mackenzie. He listed the changes .
Ann Anger, Cupertino resident, was concerned about on-street
parking by commercial trucks, and also suggested information
be given out with regard to disposing of inoperable vehicles.
Mr.Piasecki explained the Ordinance dealt mainly with on-
site vehicles. He foresaw problems if the Ordinance was too
restrictive, in that vehicles would be moved onto the street
where enforcement was more difficult .
Com. Mackenzie saw a problem with forbidding parking of
trailers in the front or side yard, since for some people
it was the only option.
• Com. Adams felt if the capability was there the restriction
should be enforced. He mentioned storage sites.
Com. Mackenzie felt this was an unworkable solution because
of maintenance problems and inconvenience for owners.
PC-479 PLANNING COMMISSION MINUTES OCTOBER 28, 1985
Page 8 Mr. Cowan noted that utility trailers were generally more
unsightly.
Vice Chr. Szabo suggested that these ony might be excluded
from the front .
Com. Mackenzie saw problems trying to distinguish between
motor homes and travel trailers .
Staff advised that this was one of the items needing more
research, but that length seemed the best definition, with
something more than 26 ft . being classed as a motor home.
Com. Mackenzie suggested the problem of Mr. Ziegler,
previously heard, should be considered, with a limit of how
close to the pavement a vehicle could be parked.
Vice Chr. Szabo and Com. Adams were concerned about fire
danger if side yards were blocked, and Coat. Adams was also
concerned that two vehicles in front yard setbacks might
give a residential area the appearance of a parking lot .
The consensus was to allow two vehicles in the front setback
areas, not to encroach into the front right of way area,
but excluding utility vehicles. 10,000 sq. ft . or greater
lot sizes could have four vehicles in the front setback
areas, with a maximum of six vehicles, depending on lot
size, but not if such a 10,000 sq. ft . or greater lot was
situated adjacent to a lot in the R.1-7. 5 zone.
NOTION: Corn. Sorensen, to continue Item #4 to the
teetin; of November 25, 1985 . 110
SECOND : Corn. Adams
VOTE: Passed 4-0
(Chr. Claudy absent)
NE BUSINESS
REPORT OF THE PLANNING COMMISSION
Com. Sorensen reported on the Planning Commissioner' s
Institute Meeting in San Francisco of the previous weekend.
REPORT OF THE PLANNING DIRECTOR
Mr. Cowan addressed the Confereice and Meeting Policy and
advised if Commissioners were to continue to go to meetings
other than those- budgeted for, they might wish to approach
City Ccunbil for- an increased budget .
The Commissionert •felt that approach #3 of Mr. Cowan' s Report
might be workable, and noted they often did not find the time
to attend as many meetings as they would like.
Mr. Cowan reminded the Commission of Hearings to be conducted
by City Council on November 13, 1985 and December 3, 1985 on
the Caltrans E.I. S. • for the 85 corridor,and advised he would
be determining the Commission' s role with City Council.
'E. I. S. - Environmental Impact Statement •
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PLANNING CO&L�IISSION MINUTES, OCTOPEH 28
' 1985 PG- 79
s'
Page 9
Ann Anger drew attoention to two, meetingu held by Caltrans .
the previous week in neighboring cities regarding the .,,.' r'
corridor, when Cupertino had been poorly repre:sente' d,she -
felt.
Adjournment: 10: 50 p.m. , until the Special Meeting of � y'
November 6, 1985 at 5:30 p.m.
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