Loading...
PC 05-29-79 CITY OF CUPERTINO, STATE OF CALIFOR1'ITA 10.30.0. Torre. Avenue, Cupertîno, CA 25014 Telephone: (408) 252-4505 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING CCMMISSION HELD ON MAY 29, 1979 IN TIŒ COUNCIL CHAMBEH, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. Koenitzer called the meeting to order at 7:30 p.m. with the Pledge of A1.J.egiance. ROLL CALL Present: Adams, Blaine, Claudy, Koenitzer Absent: Ch. Gatto STAFF PRESENT Assistant Planning Director Cowan Associate Planner, Steve Piasecki Rousing Rehabilitation Counselor lrastings Assistant City Engineer w1litten Assistant City Attorney Akins City Attorney Killian APPROVED UNANIMOUSLY MINUTES OF ADJOURNED REGULAR MEETING OF MAY 9, 1979 Motion: Com. Adams Second: Com. Claudy POSTPONEMENT/NE'1T AGENDA ITEMS Associate Planner Cowan requested that the matter of Magic Walk Restaurant, which was being brought back to the Planning Co=ission for clarification of reciprocal driveway easeJIlents and landscaping improvements be postponed to Unfinished Business. MOTION APPROVED ~ Ch. Koenitzer introduced the new recording secretary, E.V. Smith. Formal introductions were put over until the break period. PC-308 ·page 1 ¡ ! MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-308 Page 2 WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS PUBLIC HEARINGS Agenda Item 1: CITY OF CUPERTINO: Public Hearings to consider the adoption of a Comprehensive General Plan for the City of Cupertino's Sphere of Influence including territory involved in the proposed San Jose Boundary Transfer. Said Plan shall include the following elements: Land Use. Housing. Open Space/Conservation.· Seismic Safety. Public Safety. Noise. Circulation and Scenic Highways. The meeting will concentrate on: A. Open Space/Conservation Element B. Housing Element Update C. Circulation Element Ch. lCoenitzer asked Assiistant Planning Director Cowan to present the first item on the agenda, Assistant Planning Director Cowan said that he would present the Open Space/Conservation Element. Housing Rehabilitation Counselor Hastings would follow him with the Housing Element Update, and that Associate Planner Piasecki would conclude with the Circu- lation Element information. First, he said, it was felt that it was necessary to schedule two Joint City Council-Planning Commission meetings in order to com- plete the package, and explained this would be worthwhile in order to avoid the balancing back and forth and to and fro between staff and Council -- press of time making it important to assess the re- action of Council as soon as, and as efficiently as possible to do so. He indicated he'd like to have the dates at this meeting. Com. Adams asked if two meetings were required, and Mr. Cowan said that two meetings might be sufficient. Assistant Planning Director Cowan then continued with the presen- tation from the agenda, explaining he intended to go into Just the key points. The first key point, he said, was agriculture and regarding agri- culture in Santa Clara Valley, particularly Northern Santa Clara Valley, it is no longer a viable indus1:ry.. He said that what he would be referring to is an update of the Plan adopted in 1972 involving agriculture, air quality, wild life, vegetation, mineral resources, water -- resources to be preserved in some fashion or conserved; the Infinity Plan for percolation ponds, and the Hillside Plan. Much of the present considerations of the General Plan are basically written or unwritten policies adopted previ- ously. So, to continue, referring to agriculture, Seven Springs MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-30B Page 3 Raneh., Mr. Peter Lllert, Agrii:1iJ.tura:L Economist, concJ.uded that as:l.de trOlll f'J.or:l.cul.ture on a J.1m:I.ted scaJ.e or quas:l.-agricul.turaJ. uses (such as ridfng stables) there is no way for agriculturists in this area to cOlllpete because ot higher yieJ.d of' species, and labor procurement in the area, both of which are not problems in other areas ot the state. The Commission agreed with the Hillside Plan, in 1916, when it was adopted, thatagricul.ture woul.d be. allowed to continue, but that no attempt woul.d be made to zone lands f'or that purpose. Flori- culture, he said, according to articles in the newspapers, a:Lthough encouraged under the Hillside Plan, vas baving difficulty because of having to import in-:o North County; however, South County vas doing a littJ.e better. Properties on which the city has contracts: Regnart Canyon (southern end), Garx-ett Farms, and the Otis Ford Property, which had been intended tor agricultural use, are now essentially part ot the Urban Land Bank. Com. Claudy asked Mr. Cowan about sOllIe greenhouses orhorticul- tureJ. areas near McClellan Road which 'jrere acquired under the W:I.l1illlllSon Act. Five Acres 1 Assistant Planning Director Cowan replied that there are and eJ.so the Ford Homes Property could be included. Com. Blaine inquired as to whether or not the Seven Springs Ranch had been under the Williamson Act. She said she thought it might be county, and Mr. Cowan cont'irmed that it was a county contract. Mr. Cowan listed, as under the WilJ.illlllSon Act Contract, the two Otis Ford properties, the Harms property, and then the Garrett Farm. Further, he said, the Archdiocese applied tor a Williamson Act Contract on the cemetary property, The Gates ot Heaven and Peace, possibly tor sOllIe tax purpose. Com. Adams asked it the contract states what type of' vegetation was to prevail. Mr. Cowan said that the origineJ. intent ot the Williamson Act vas:tø. preserve prime soil, Class I &. Class II Lands, but was expanded over the years to include open space in a broad sense, this being public-owned and used tor picnic -- the Rancho San Antonio being tor hiking or no activity except as it is maintained as open space and preserve. The Assistant Planning Director said the 1912 Open Space Plan (which was exhibited) emphasized origina:Lly the stream bed maintenance ot Stevens Creek, Paint Creek and Permanente Creek; Raney Creek, however, being telt, by the Council and Parks De-· partment, to be too inaccessible, wss deleted trom acquisition. But, tirst, Assistant Planning Director Cowan suggested they look at some tacts about air queJ.ity. The city hss little control over air queJ.ity, the exercise ot control being with the ~ Area Pol- lution Control District; however, small steps had been tsken to PC-308 Page 4 MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING improve air quality to such instances as drive-up windows, and advice had been distributed to runners, and Joggtn'a that carbon mon- oxide powning eould be dangerous to thoae running in the traffic patterna. Assistant Planning Director Cowan said that the second policy for consideration should be the planning of recreation areas and fa- cilities as far from roadbeds as possible. In terms of the region, he advised that the need is to reduce tha commute pattern by pro- IIOting Jobs cloaar to housing', by increasing densities, or relo- cating industries, and he' referred the Commission to the Corridor Study" Report. In the Cupertino Sphere of Influence he' said there is no endangered species that require areas to be withheld from development. Wild fires are a continuing publicsaf'ety problem, which also affect the flora and fauna. The state and county programs as a whole, he said, have permitted overgrowth of hill- sides, which has then been controlled by low-intensity ground fire. Some species, because of this practice have overrun the natural growth and vegetative habitat of some species of natural plants. State-wide use of controlled burn program would require new legislation. (Although quite dangerous, Palo Alto successfUlly uses low- intensity fire control in their Foothills Park.) Assistant Planning Director Cowan said the third key point in the Wild Life Section is that there will be considerably less develop- ment wi thin the hillside areas, The Monte Bello Ridge Study", as adopted, estimated possibly 800 and 840 dwellings in the Monte Bello Ridge-Stevens Canyon Area. Since the County's formula be- gins at 20 acres for flat terrain, 160 acres at 45% slope, the restriction of the formula indicates the development of only 112 to 190 units within that area. Presently there are 120 units. Therefore, in that area, he said there was less chance for vege- tation and wild animal life; however, there would be some do- mestic animal life, and overall the County policy is beneficial. Assistant Planning Director Cowan said that in Mineral Resources, a three-year-old law requires recognition of areas that contain minerals. lCaisel-Permanente was cited as the prime example in the Cupertino area, representative of great economic value; and, he encouraged the consideration of that mineral deposit in the General Plan to insure that the mineral deposits are utilized. Assistant Planning Director Cowan said that the report notes the negative aspects of truck noise and air quality. He said that this is not the time to discuss that. Assistant Planning Director Cowan said that in terms of vater, the Hillside Plan went into the need to preserve vater. Very tough controls have been implemented over erosion in that hydro- mulching is required, and more care in grading is required. The primary problem with hillside development, he adYised, is the untended cut and fill slope that erode and very quickly fill stream bed. Aside from natural stream bed courses, the Plan men- MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-30B Page 5 1010118 landscaping policy, whi.ch. is. not a written policy; but, it do_ encourage use or . the dri.p system, and irrigation control to. proIIIOte the conservation of vater to 10114 greatest degree. CBe. advtsed that since there is plenty of vater noy, the concern level baa dropped. But h4 thouglt it should be gotten into IIOre deep~ in anticipation of another drought.) He reported that the work. 1I1.th. the Sanitary Dis.trict has developed ver:r promising reault& in recycling in local industrial plants. One plSDt in Valco Park., he s&id, prior to 1974 used vater equal to 1/3 that of the entire District, and the1r service charges vere high t:rom . the point of view of the Sanitary District. That cOlllp8l]7 has axitched to recycling. Hewlett Packard, SDd other plants have S1dtched. Asais.tant Pl&m1ing Director Cowan said that in terms of Open Space, he'd like to refer to the board. (map prints of the area vere posted). Mr. Cowan reminded the Commiss.ion that recreation in terms. of formal neighborhood parks had alresdy been covered and that he would noY consider and point out land th&t would be owned publicly and would be used for paaaive-1:ype activities; such. as, piClÙCing, hiking, camping, or essentially no-activitY" open areas. Referring to the 1972 Open Space Plan, and another plan to compare the present General Plan nth the current acquisitioùs within our Sphere of Int'luence: These acquisitions, he said, were made by the COWltY" and the Mid-Peninsula Regional Open Space District. The original Commission placed heavy emphasis on maintaining stream beds, and the COIIIIIission, Parks 8t Recreation Commission 8t the Council determined that the Raney' Creek Uneal park chain system vas too inaccessible and deleted acquisition of that land. Their thrust was limited to land that would contain or define the city in its grovt;h, with heavy emphasis on acquiring land within the mountainous areas and Stevens Canyon. Although the city did not have tunds for the land Just prior to the formation of' the Park District in 1972, very fortunately the ten-cent override on the ballot in 1972. cha.r1;ered the Park District. Upper Stevens Creek Park and Lower Stevens Creek Park, and everything else on the map had been acquired since 1972, with the exception of the Water District properties. The pattern of acquisition corres- ponds to the interest of the Council. The Mid-Peninsula Regional Open Space District continues an interest in restraining urban growth. 'rhis, Mr. Cowan said, was resolved by the Board and the City" Council coming to agreement of review of any acquisitions in order to avoid restrictions on the CitY" of Cupertino within the urban service area. So, he pointed out, with the exception of the Kaiser-Permanente propertY", a greenbelt would be created to com- pletely separate the urbanized citY" from. Monte Bello Ridge and Stevens Canyon. Assistant Pl&m1ing Director Cowan said that the Park District, whi.ch is now the Open Space District, are primarily interested in low-intensitY" uses as land preservation and open spaces, the latter receiving the emphasis.~ The Park District, on the other hand, envisioned such activities as camping and hiking, or picnicking, MINUTES OF MAY 29. 1979 PLANNING COMMISSION MEETING ;-308 1ge 6 Assistant PlAnning Director Cowan pointed out tha.t the voter- apprQved tunds. 01' 1972, resuJ.ted in ten-;rear pla.na to cOlllpletethe Upper and Lover _ ate.vens. Creek. connections.. He. reterredthe COIII- missiDn to a chart in their packets wh.i.ch.. indicated the tunds. 'ex- pended up until the present time. He. said the Count;r is. negot- is.ting tor acquisUions to cOlllplete that link&ge. Assistant Planning Director Cowan suggested that one criticism 01' the County plans wouJ.d be upon, their ,heaVY' empha&U on devel.- opment ¡ such as $900,000 for access. to that areA, wh1.ch. in viev 01' its inconvenience of access and pristine setting, the polic;r or recoDDllendation is suggested that large-sc&le use such. as picnics should be discouraged in that area.. He advised tha.t the voter-approved extension of the Count;r Plan and addition&l 1'Qnds, more emphasis would be placed on acquisition and maintenance rather than development. He instructed the Commission that com- ments and recommendations !'rom The Council might be expected as to how the monies should be &llocated. Assistant Planning Director Cowan said that in the Urban Service Areas, the Staff recommends that Lower and Upper Stevens Creek. link-uP be completed, the empha.sis on acquisition be continued, and in addition, the effort be torthcoming to acquire, either with east;!ment . and. fee, or lease arrangement, the area behind Inspir- ation Heights. Also, he said, linkage &long Permanente Creek would be helpful in gaining access to Rancho San Antonio Property. That kind 01' linkage, he explained, would facilitate the program 01' the Mid-Peninsula Open Space District t s patrol, which ,would use the linkage (rather than round-about-routes) to patrol. This, he predicted would make the project cost-effective, and, it would &lso tend to define the city limits. The continued interest in the retention 01' this property to Kaiser-Permanente is largely be- cause it creates a buffer between their operation and the resid- enti&l areas. Nancy_ Erhertert has been working on' haviIÎg- the pond- expanded through deed or dedication. Assistant Planning Director Cowan advised that the city dropped the concept 01' the line&l park chain along Haney Creek, largely because 01' lack of funds but, that the staff is recoDDllending the city work with a potenti&l developer to dedicate the western h&lf of the property to &llow the trail space to continue down to Stevens Canyon Road. The area being fairly inaccessible, in discussions with developers, it appears to be a viable plan in a density trade-of'f' situation. The District staff' favored the concept. COllI. Claudy wished to know-if' tìíåt was the area of' the abandoned quarry-, and Mr. Cowan said it was, and he pointed it out on the map. Assistant Planning Director Cowan continued his presentation by saying that to get the property developed residentially, that a trail system should connect the western h&lf of' the city to the Open Space District lands -- very important in that 1) the trail is located properly to skirt the quarry- (a treacherous hazard and potenti&l liability). and 2) to assure good visu&l access into the MINUTES OF MAY 29. 1979 PLANNING COMMISSION MEETING tra.1J. system. He said the latter vas the. key- in that the Parks and Recreati.on has constant probLems >d.th Linda Vi.sta Park be- ca.use of iDacce.aaihili.ty- (.yisual accessibility-being a ticklish des;l.g7'fT'g probJ.eml. 'ell: iAgreaa pointa are. planned. One is through Sev'en Springs Ranch, one in the Stevens Canyon Area, and one. at Rsncho San Antonio. A parking area of the County Park System would have. access to the Open Space Preserve. A need for one. more acceaa point, at Linda Vi.s.ta, he suggested should be devel.oped in conjunction Yi.th property. PC-308 Page 7 Assistant Planning Director Cowan outlined the colO1' scheme of the mapa being used: tsn-based are two ex:Ls.ting golf courses, the light gre.en are existing city parks. and the darker green colors, he said, are. the properties that the starf recOllllllends that the city conaider acquiring. Assi.s.tsnt Planning Director Cowsn said that the staf't' is no long- er sure that the Urban Tra.1J. System is valid tor Stevens Creek. Thia trail, he reminded the Commission, was a drem that a trail could be developed tram the B8,)' to the Ocean. The statt does recOllllllend, however, that certain properties continue to be ac- quired in order to protect the environment in its own right. Restricted activities could be pursued in this networlt; such as, a naturalist program. Asai.s.tsnt Planning Director Cowsn said the statf recoDllllends that SimIII's Property be acquired. And the starf continues to recODllllend the acquisition of the Stocklllleir property. He said that Mr. Stocklmeir indicated interest on preserving the part of the pro- perty in the f'ront being designated as sn exmple of an early' Calitornia ranch setting Yi.th agriculture use maintained on the reat. Discussions Yi.th his temily about the four acres involved ~ result in our being successf'ul on this property. Mrs. Varian, on her property north ot Stevens Creek, has asked the city to designate her property as open space with the understanding that the Varian Foundation would have the final decision. He sug- guested to the CODIIII1ssion that Mr. StocltlJlleir might be interested in such an arrangement that would not cODllll1t him or the city, but that still would permit the city to keep it under consideration should the opportunity arise tor acquiring it. Maintaining that kind ot property would have to be looked at very caref'ully' by Mr. Quillon. Ch. ICoenitzer interrupted to assert that he understood, in re- lation to Mr. Stoc:klmeir's property, that alJIIost allot the property was within the Flood Plain, and that that would necessi- tate raising it anywhere 1'rom three to six feet in order to remove it 1'rom the Flood Plain. And he said-that be'd like to know how to fit that problem into the Water District's control over the plain., and how to tit it in with City Ordinances and filling in. Assistant Planning Director Cavan responded that the problem had been looked at closely and found that there is a small portion outside the flood plain on which three to four units could be MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-308 Page 8 placed. and commensurate credi.t tor flood plain acreage to Mr. Stocklmeir. Assistant Planning Director Cowan stated that that was essentiaJ.ly" the Open Space Plan; however. he wished them to know that with. the Implementati.OI1 Section ot the General Plan. numbers. would be pJ.aced on the recOJSendations he had made. Th:is would be coupled with Capital improvements. Com. Koenitzer sdd he kn« that it vas the aim ot the CitY' to see that Blackberry Farm and the golt courses continue as viable uses. and he inquired as to whether or not the citY' had done ~ thinking on those uses not being viable uses at sOllIe f'uture time. Suppose the land were to be up tor sale. Assistant Planning Director Cowan said that the 1972 Plan had a briet paragraph which sdd that they would like to preserve those resources; therefore. if' that was implemented they would. have to be removed from the private sector and by the city through Revenue Bonds. The possibility Ot linking up the two courses was investigated. Combining the courses with Horse Ranch and putting in a club house. The City. the instance Ot Blackberry Farm. 'has a good chance Ot maintaining the properties as open spe.ee according to recent court rulings. Zonings might be one way, of' maintaining open space in open space activities. Ch. Koenitzer asked if there were ~ other. and Mr. Cowan replied that the General Plan. at the present time. is silent on that matter. Ch. Koenitzer llaid he thought it vall lIomething that possibly should be addressed and thought through in the long terms of what would happen when the present owners feel they're unable to continue in the use. Assistant Planning Director Cowan asked Ch. Koenitzer if he had a strong purpose tor keeping it. COllI. Adams inquired as to what part ot the properties was in flood plain; and. Mr. Cowan. pointed to the map. traced the heavy dark lines indicating the lOO-year flood plain. And. Mr. Cowan continued that through the guidelines of the Federal Funds Sharing Administrator. with the approval ot the Jurilldiction, it would be possible to create a modified plain. tilling a portion ot the course. The city. he lIaid, can approve or disapprove that policy. Com. Blaine recClllllllended that a policY' be added to the General Plan Open Space Element stating that the City will preserve. or wishes to preserve both golf course II to open IIpace. If it is already open space. as she said it was her understanding"that it was;, then. this should be reaffirmed in the Plan. So. she said it could be done as Policy #4. and renumber Policy 14 to 15; although. she said it the names were included under Policy #4 MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING . that that shQuJ.d do it. As t'ar as other properties were con- cerned, she said she teJ.t· "....·h.g them by name would not be wise. Blac!tberry Farm, she continued, realJ.T represented more than a golf' course in that it vas a total recreational area. PC-308 Page 9 COlI. Adams said lIIIQ'be it should be made clear that the city might hes.1.tate. to ge.t into operating the golt courses bY' putting the two together. Ch. Koenitzer explained that his inquir,r vas not oriented toward having details ot plans included in the Plan, but onÌy oriented toward establfRhi"g some policy' to relY' on should the present owners decide to discontinue operation. COlI. Blaine said she supposed it could be sold to others who wished to run a gall course. Ch. IroelÚ.tzer conceded that that vas true, but that a city policy would take care ot the contingency ot a new owner having other plans tor the area and requesting rezoning. COllI. Claudy interjected that rezoning was not a necessary action ot the planning tor the Council. He continued by saying that he had a question about the areas ot the flood plain that could not be developed because they were within the lOO-year tlood, and he understood that the filling of those takes a permit. Most ot the areas have minimal flooding, and he'd like to check as to whether or not six inches could be tilled without a grading per- mit. Assistant pl.""i"g Director Cowan responded: One Foot. Com. Claud;y continued, saying that with one toot ot land, and the next toot the next year, in two years it would be out ot the flood plain. Com. Blaine said it was happening on one parcel ot land. Com. Claudy said he understood the substance ot that case, but that he was concerned that people would decide they no longer needed a golt course, and with yearly increments ot fill, the city could no longer maintain it to be flood plain and thus a condition of open space preservation. He asked what could be done. CitY' Attorney Killian stated that certainly a person who has chlmged the condition that he's able to do legallY' can COllIe in and request rezoning,in time,consistent with the facts of his land as they stand. He summed up that he thought restrictive limitations would be unproductive. Zoning cannot be placed on land in perpetuity. Facts militating for better use would pre- vail. Com. Adams asked if filled flood plane did not, in the advent of MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-308 Page 10 of the lOO-Y'ear flood create a choke and thus cause flooding on adjacent propertY' and propertY' upstream. He continued that be.- cause of that probJ.em, couldn't something be stated in the Plan; something short of zoning. CitY' Attorney' lCillian said that of course a special grading in- s1:ruction specif'ications could be. estabJ.ished for the flood plain - a special Grading OrdinaDce. COllI. Claudy' asked if one changed grading on land and the citY' granted an exception, should flooding occur downstream, '«ould . the cit;r be liable. Cit;r Attorney' lCilliaD ma.intaine.d that since the fill is legally possible at the present time, the citY' could not be liable for such a circUlllstaDce. City approval of a plan on a piece of property that allowed the fill, resulting in flooding down be- low, might possibly make the city liable as would be the owner(s). Com. Blaine asked if anyone followed up or policed that. She was told, "No. n Complaints were followed up, but no policing policy was in effect. Commission Members requested that the Staff follow up on the problem, in cooperation with the City Attorney Killian; and suggested that a good time to follow through would be at'ter the completion of the General Plan. Ch. KOenitzer asked if any members of the audience would like to address the Commission on any part of the Elements under dis- cussion in the meeting. Since there were no oral communications, Ch. KOenitzer suggested they go through the entire Element, page by page, suggesting changes or m.~iftg suggestions. MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING The COIIIIIIissioners next went through the OPEIi SPACE!CORSERVATIOII ELDŒlI'r o~ WORKDfG PAPER 110. 9, making COIIIIIHIDts and suggestions as follows: PC-30B Page II Page 2, under B, the second sentence is incomplete. Page 5 &0 Page 6, under Strategy A and Strategy B, suggested an overlap, but that it might fit under Parks &0 Recreation too. Sug- gested a referencing one to the other. Page 6, under PoJ.ic;r 3, other than keeping shrubs d~, grazing might be better under Land Use. A ditterence in wording to indi- cate grazing as an alternative to developa.ent vas suggested. Page 8, par. 1, apparent1;r words missing· Page 8, par. 2, clarify how sulfate results from burning of phosphat fuels. Page 9, par. 1, line 5, change "conceptual" to "hypothetical" Page 12, par. 2, usert "400,000" before gallons. Page 12, par. 2, usert after "gallons," the designation "per year!' Page 13, par. 2, two asterisks refer to final draft. Page 14, last par. "english sparrows" to "English sparrows," and research whether they can be native birds. Page 14, the use of the word "shall" might tend to obligate the city, and a caretul use of the word is recollllllended. Page 15, par. 1, strike the phrase "a liTe streøm novug ;rear rouDd." Page 19, Policy 4, question of is ClIIIIPing allowed. Page 19, Poliey 2, specify landscaping on hillsides too. natural difference between native planting and landscape Indicate plantings. Page 2J., Poliey 1, add regulatory controls for impacts upon the cODllllUDities adjacent to areas designated. Page 23, under title "Preservation of Stresm Beds" outline the w&;f in which streøm beds will be channeled or lined. Page 28, under Policy 1 and Policy 2, change reference to unincor- porated properties within areas of the city- Page 30, missug. Correct sequence of pagination. Page 29, Poliey 1, rephrase "establish and implement a IIIOnitoring procedure" concept based on who is going to do that. Page 35, Santa Clara County Parks Program. Make clear that the County Parks Department reviews the program annually. MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-308 Page l2 Page 42, Policy 4, please malte a cOlllllli tment on open space (the golf' courses and farm properties) as strong and as specific as possible withou1; naming them. Possibly under Land Preservation or under Watersheds and Water Courses. Addendum comments and changes: Page 23, consider changing Water Courses, or add Ravines; an appropriate phrase to put in to speak to preserTation. Page 1, under Open Spaces, or elsewhere in the General Plan, the suggestion was made that archaeological finds, and unusual for- mations should.be protected, and research. Page 14, under Wildlife and Vegetation, should not some reference be inserted to protect from erosion by motorcycles, etc. Ch. ICoenitzer asked what should be the next step for the Com- mission. Assistant Planning Director Cowan said that the notes and comments of the Commission would be incorporated in the final document. Then, after the plan is adopted, there would be one of those Working Papers issued. This would not require any essential action; however, it would indicate the directions in which the City of Cupertino is going. Assistant Planning Director Cowan said that possibly two meetings might be sufficient before going down to the Council. The Staff would go over the document carefully before going to the Joint Meèting of the Commission and Council. RECESS WAS CALLED AT 10:30 p.m., and the meeting was RECONVENED at 10:40 p.m. Ch. Koenitzer called the meeting to order to consider Item B under Section 1 of the City of Cupertino Agenda for the MIq 29, 1979 Regular Meeting of the Planning Commission, the subject of Housing Element Update, which was presented by Sue Hastings. However, Ch. Koenitzer said he wished to point out some incon- sistencies in the report. Com. Claudy interrupted to comment that it vas indeed a tort- uous bit of reading because you kept changing tenses and he said since this report is not to be adopted, and that since he had finally figured out what was being explained, he would be willing not to go into those problems. Ch. Koenitzer commented that there were two different mentions end meanings of the word "Households" and he had not gotten Page 2 -- Pages 2 and 3. He suggested that perhaps, as it was gone through it could be understood better. He said that he would like, before the report was given, to just change Page 2, MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING par. 1, line IJ, the "19,667" which did not agree with the ~ig- urea eJ.sevhere. It is taken as appJ..ying to new Jobs by 1990, but it did not apply to aaywhere near that I1\1III. HoWling Rehab. COUDselor Hastings replied that working back through, the n1abers had a direct relationship between housing units and Jobs; and, asllUlÙng that ratio - PC-30B Page l3 Ch. Koenitzer interrupted to SIQ' that 19,371 just didn't tit any place to match with numbers on Page 1. 'l'he 28,776 number be~ore . San Jose &llDuation allows 565 jobs in the &llDexed area, but it doesn't match with the 19,371. He continued that the 19,371 new ~O)'IIIent opportunities -- Housing Rehab. Counselor Hastings advised that the "1" should be a "2" md on Page 2, where it SIQ'S "county ~ house II&DY' large," it should read "lose II&DY' manufacturing ~acUities. Page 3, line 3 from the bottOll, UDder Housing Accessibility, it should be not 9., but the percentage o~ ~amily income. Page 4, UDder "Rec_ndation," last line o~ par. should read "is amended" rather than "is recommended." Com. Claudy explained that part o~ the di~~iculty to him o~ assimilating the in~ormation was that the in~ormation was old, and that he understood it was based on a 1970 or 1975 Census (the latter an update); so, he assumed that the report was based on having housing units and employees, that those two things shoY that those two things are available. Also, he said, that he telt it you had 1.3 employees per household, and i~ it dropped to a lower percentage -- weU, he said, the whole situation changes so rapidl7, he didn't know haw one could get a hancUe on it. Housing Rehab. Counselor Hastings interrupted to s&7 that perhaps ir she gaTe her repor1;, it llli«ht be more clear. She begm b7 in~01'III1ng the Cœmission that part o~ the difficulty w1.th the in~Ol'III&tion vas that it vas picked up 1'rom the 1970 Census figures and the 1975 Census Update. Change projections can be expected, she said, in areas such as continued high cost of housing (25% of income for housing requirementa, and the usual mortgage written for 40-year duration), the _I'lL force. (more apecialized, PlQ'scales commensurate for large labor inten- sive manufacturing ~&Cilities), and housing needs reflecting the necessity for more housing opportunities a'Y&ilable~'for' all seg- ments of the colllllUDity. Housing Rehab. Counselor Hastings said_~the 'Housing Update Element reflects not only the San Jose &llDexation information, but also thesABAG information on the "Fair Share Allocation Plm." Housing Rehab. Counselor Hastings suggested that the Commission not change the stated goals and policies of the General Plan.- Ch. Koenitzer indicated he vas having dirficulty digging out of the Fair Share AUocation just hOY many units Cupertino should have, how III&D7 they expect to have, BIId haw it is distributed. In reply, Ms. Rastings explained that by 1985 Cupertino should have 1800 PC-308 Page 14 MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING housing units - non-market rate -- Ch. Koenitzer and COllI. Claudy' worked out the figures to be that ColUllll1 14 of the Fair Share Estimates vould be the 564 units of housing that Cupertino expected to have, and that the 1,858 figure would reflect the number of housing units Cupertino vas not ex- pected to have; and, they concluded that the sum of the two figures vas the number of the units Cupertino should be providing in 1985 in order to meet Fair Share. Com. Ad81118 asked if the density in certain segments had· not been increased when the Housing vas looked at late in 1978, and he von- dered hoy close ve came to the projected figure for 1985 in the report. Ms. Hastings said she was not certain of the figures, and COllI. Adams asked if it there vere more jobs aVailable would that take care of it. COllI. Claudy' indicated he agreed with Ch. Koenitzer they had to still restrict jobs and still run up negative, both agreeing that restricting jobs and adding more housing units had been done last sUDllller. They concluded that they vere talking about a buildout by 1990 of 1.0 to 1.15, which would be better than other indus- trialized city in the North County. COllI. Adams said it seemed to him with that much more industry and density of housing it vas inevitable that more problems of com- muting and transportation came about. Putting people closer to their jobs is vhat the Plan is doing after looking at all the regions of the B~ Area. COllI. Claudy pointed out that SOllIe communities have low job oppor- tunity figures and, for instance, he said, if Cupertino vere to· merge vith Los Altos and Los Altos Hills, then the lack of job opportunity in those latter tvo communities would be offset by the job opportunity of Cupertino, and the balance or ratio of jobs to housing would tend to balance all three communities, and create a closer to the job situation. Com. Adsms inquired as to what Mountain View might be doing. Assistant Planning Director Cowan said that Planning Director Sisk gathered, from going to the meetings, that there is a movement for more lover housing in Korth County. The problem in the South County, he said, is that more housing is not alloyed down there, but that the intent vas to create more job opportunities down in that area. Associate Planner Steve Piasecki spoke up to suggest that the pur- pose of the presentation to the Commission at this time is to de- termine whether or not there should be any policy changes as of thisadate, from the changes that vere established during the summer of 1978. So, are you recommending any changes of policy, he asked the Commission? MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING HOWling RehabUitat:Lm1 Counselor Hastings said she woul.d be bringing back. t'irm n1&bers. numbers that had been agreed upon by all the dties. Rental subsid:1 tigures would be a....Uable. and poasib17 a program that specit'ied numbers ot units bT a certain date - PC-308 Page ~5 Com. Blaine inquired it the Staff was aslting for any polic,. changes. and she was told that not at this time. Me. Hastings assured her that coaing back vith firm figures would help in final policy' determinations on goals. Associate PlBlUler steve Piasecki broke in to s~ that he'd like to make a statement just for the salte of the record. and he referred the Collllllisaion to Page 4 of the Recommendation. advising the COIIIIIIission that the City Attorne,.'s Office had given to the Plan- ning Director the opinion that the recommendations on Page 4. according to Legislative Counsel' s opinion. published in 1977. is not considered legaJ.l;y binding nor an adequate authority. In the llleanwhile. the position taken by the HCD. as smended and shown in the recOlllllendation here. is probab17 the one that will be subject to ratification by the Legislature or upcoming Court Opinions. He advised that the HCD is the one being followed b,. other localities. and he said. the good faith, diligent effort would like17 be applied in the fUture. Com. Claudy inquired about the stricture should a cit,. not make a 'good faith. diligent effort' in this respect; and, Mr. Piasecki replied that it was his understanding that RCD llight respond as a sanction and withhold t'lmds. Com. Claudy asked it that vas like the situation when ,.ou don't have a General Plan and therefore you cBlUlot do any subdivisions. or issue permits. Mr. Piasecki re- sponded that it vas not of that order. Coa. Blaine asserted that it vasn't as though they hadn't tried to do sOllething about it; and. therefore, she suggested the Housing Eleaent Data should be amended to agree with the data under dis- cussion (she agreed with the COIIIIIIission members that the n1ll1bers in Table A should be accepted), and along with Com. Claud;r also agreed that the thrust and direction of the Housing Element vas essentiaJ.l;y sound. Assistant PlBlUling Director Cowan asked if he vas correct in in- terpreting the will of the Co_ission as being that the HousingeElement vas sound e:ll:cept for the amending it to new numbers and adding the Fair Share Housing to it. He suggested that the condomiDiums were added to the market and that the vacancy' seemed to be remaining at the same level. ORAL COMMUIflCATIOBS None Ch. Koenitzer said that it might be time to take up the Circulation Eleaent. He asked Associate PlBlUler Piasecki if he would make the presentation. MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING ·308 ;e 16 As.sociate Planner Piasecki explained that the changes that he would mention were essentiaJ.ly' made on direction trom the Plan- ning Commission. 'rile first one, lie said, on traffic volumes and intersection capacity was placed at the beginning of the Back- ground Section to state the problems and situation before the statement 01' RegionaJ. response. .Associate Planner Piasecki stated that there are a hundred different places to put information about mechanislllS that were talked about. Associate Planner Piasecki called the Commission's attention to additionaJ. information on Pages 12 through 14 about the 516 Bus System, the result of a meeting with the Transit Sys- tem. personnel and discussion of the 5-year plans. The information gained, he pointed out, is cited in the report: goals, expected volumes during peak traffic hours, and reaffirmation of the 12% figure set forth in the earlier report, Corridor SUDIIIIArY" Report. .Associate Planner Piasecki said the Plan had been modified in the Policy concerning the 516 to reflect Cupertino's situation, and it vas felt, he said, that the 516 would expand to orient itself to cOllllllUte trips, and express runs -- again in consideration of the Corridor evaJ.uations. Com. Blaine inquired about the possibil·ities of serving parts of the city not presently' served, and Mr. Piasecki responded that that's the trade-off. He explained that what Cupertino is saying is that the basic 516 plan is fine to a point, but as expansion occurs, we recODmlend continued expansion to a 750 bus system. Although the wording might be considered soft, it fell in line with the approaches from other cities in the area. Com. Blaine questioned the note on Page 19. She said aJ.though she had thought the 1972 decision was finaJ., she now saw that it was still up in the air, and she asked if the City Council had decided to reopen it due to the petition. Mr. Piasecki said he believed that was Staff's recODmlendation, and that it aJ.so reflected the Planning Commission recommendation to the Council in the context of the Plan -- the 1972 decision having been based upon factors on which new information has accumulated. Com. Blaine suggested that it might be better for the Plan to re- flect what has been decided to date; and, said she felt that the changes should be as amendments to the GeneraJ. Plan. Assistant Planning Director Cowan explained that due to waiting for the DIS for the West VaJ.ley Corridor, it was decided to do the Circulation Plan in two phases. He said that extension of roads would create situations that should be flagged and made clear that what was going to happen in those areas was very uncertain. He assured the Collllllission that they were not bound by past policy in formulating the present General Plan. MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING CollI. Blaine read :t'roII Page 19, .ote J. "vi11 be decidecJ;' &Dd said she tel t that it there- 1& question about the issue, - then the phrase sbould be chaDged to one retlect1A8 uncertainty. She said again that as tar as she vas concerned it vas decided. PC-30B P~ge 17 Assist&l1t City EI1gineer Whitten spoke up and af'firllled that there is a recorded Plan Line. Coa. Claud7 suggested word1A8 should be used to 1\I!&I1 "revision" of the Plu Line. And, Aaa1Rut Pl&l1D1A8 Director Cowan said that "reviev in line vith &11 update" llight be satisfactory to the Com- llission. Ch. Koen1tzer said that since the Pl&l1 Lines vere already set, he agreed vith Com. Blaine, &I1d he felt the change should be made. Aasociate Planner Piasecki pointed out that on Page 19, Figure 6, the changes suggested b7 the Ccm.isa1on had been incorporated; &I1d said he thought that vas a proper vq to address that item. lie continued to Page 23, Policy 1, and the add1A8 the wording of the buses and the Commission consensus of the Terminus Point &I1d the I!igInnQ' 85 extension. On Page 26, the Street &I1d letworlt IJII- proYlllllents had been moved over to the Appendix. On17 the long- term improvements vere indicated in the Appendix along vi th the development-triggered improvements. Page 27 ud Page 28 -- the street st&l1dards vere combined. Associate Pl&l1Der Piasecki š-id the paper would at this juncture be incorporated into the Consolidated Pl&l1, and where possible would be shortened. Ch. Koenitzer asked for cOlllUnts &I1d suggestions from the Com- mission, and since there vere DOne he invited the public to speak to the Circulation Element presentation. Associate Pl&l1Der Piasecki called to the attention of the Cømaission that Mike Bullock, who vas approaching to speak, had helped in the formulation of the Bicycle Section, starting on Page 19. He said that the information had helped considerab17 &I1d it vas appre- ciated. ORAL COMMUNICATIONS Mr. Mike Bullock, 21831 Hermosa Avenue, Cupertino, distributed handouts of background material. As a member of the Santa Clara Bicycle Association, Modern Tr&l1Sit Society, 81e1'1'& Club, he is very interested in transportation. He said he happened to be working :t'roII the original first draf't of the Plan, He mentioned two main headings he vished to address. In general, he said he felt accOlllOdation vas oriented toward park1A8 lots, lanes at a high level, &I1d he pointed out the negative aspects of. building such accollOdations at that high a level, approaching 95~; huge MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING PC-308 Page 18 quantities of land to remove from the tax: rolls, which would be removed at the expense of other forms of transportation. Air pollution increases with more lanes',' anå the Clean Air Act, being law, should be adhered to careMly. And, he. u,id. U 1lDul<l,be reasonable for cities to spend all available fuDds to meet tho! 1981 deadline, including federal highway monies earmarked for ur- banized areas and interstate highway fuDds, which are transfer- able to public transportation. Continued expansion of the higb- wBY' system could enntually leave people without fuel to utilize the system. Continued expansion of parking facilities would then have been pointless. The second main point Mr. Bullock raised was the cost and the amortization of the Circulation Element. He suggested the cost of the suggested projects be lIIet by motorists. A gas tax levy could be One solution to the problem. He pointed out that in his opinion the economics of public transportation for Cupertino should be gone into more carefully, and that such a system could be attractive, efficient, and economically run. It seemed, he said, that the Cal Trans Model did not take social change into account. Mr. Bullock recommended that the mixing of bicycle traffic with automobile traffic is an efficient mode; and he said that although drivewBY's and intersections represent hazards, it could be re- duced in hazard by education programs for both motorists and bicyclists. These suggestions, he said, were in accordance with the infor- mation he had just distributed to the Planning Commission. But, at this point, he continued, he had a fev specific ideas keyed to the Circulation Element, Page 25, indicates access to neighborhoods in Cupertino. He felt passages should be provided to permit people to leave the area at points convenient to public transportation or on their bicycles. Page 6, should be changed to provide automobile access to arterials. Page. ¿1, Policy 118, should include the requirement of on-street storage for bicycles, and storage facilities should be provided in parking areas. Another suggestion was the formation of an Advisory Committee to evaluate the total bicycle problem. Public discounts to users of public transportation, shuttle buses, dial-a-ride service should be investigated on a cost/household base to insure equitable fin- ancing. An additional important point he wished to.'-meRfi'öa.;vas the encouraging of transporting bicycles on public transportation. He indicated, in response to Com. Blaine, that such is being discussed for handling limited numbers, probably on a reservation basis. And Mr. Bullock said that lockers and storage on bus runs would be part of the discussion. He called the Commissioner's attention to the Bay Bridge program. MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING Ch. KDeni.taer pointed out that the increue in rldera!dp during 1:he. preaeø.1: -.rgenC7 ha4 OTertaze41:he. 1:r-.porta1:1QR S7S1:-; ao, t~ore, he said, onlT _ expa""e4 ays1:_ could include. such. soph1st1cat1on. COllI. Bla1De c_ted that perhaps embodied in the probl_ vas _ ezcellent source ot ideas tor pri_te enterprise. ColI. AdMa inquired. ot Mr. Bullock. if tha dratt looked pretty nch. as though sOllIe 01' hill ideas had DOt already been dratted into the report. Mr. Bullock açeed. PmlLIC IlEARDlGS C3 '1'HB CIJlCULA1'IOl'l ELDŒII'r CLOSED Ch. lCoenitzer suggested the dates ot tuture meetings be discussed and settled at this Juncture in the proceedings. Aaal8tant n·....i"lf Director Cowan augated that in addition to the regular aeetinga 01' tha 11th and 25th 01' June, that June 18th be set aside tor a Conterence 100lIl mee:tiJIg. _d either tha 20th or 21st ot June be set &side tor a Joint Pl-..i"g COIIIIIIission-Cit;r CouncU Meeting. Ch. lCoenitzer RECESSED till. 11:30 p.m., at which time the It.. 12 on the Agenda tor Ma;r 29, 1979 would be considered. Al]E1Q)A InJ( 12 App1.1cation 19-11-76 (ReY1aed) ot ANY MOIJl'ITAIli, LTD; AMENDMENT ot a preTiously approTed use permit to construct a 12,500 sq. t't. COIII- merciaJ./ottice buUdiJIg in 1.ieu ot the preTiouslT approTed 5,000 sq. t't. tacUit:r, III1d add a 200 sq. t't. &d.d1.tion to tha existing Ski Arrr Mountain buUding and EliVIROIiMEl'I'l'AL REVIEW: The EaTiroamental ReneY Committee nco_ds the grlll1ting ot a BegatiTe Declaration. Said property 18 located in the southwest corner ot Borth De Anza BouleTard and Marilll1i Avenue in a P (Plllmled DeTelopaent with light industriaJ., general commerciaJ. and residential (4-10 dn11ing units per acre) intent) zoaing district. First hearing continued. Ch. lCoen1tzer &sited the appliclll1t, who vas in the audience, it he viahed 1:0 speak to the III&tter, and intol'llleCi him that his time would come atter the Statt presentation to the COIIa1asion. Mr. Piasecki vas then asked to make the Statt presentation. Associate P18lU1er Piasecki gave the t'.-.-i IIsioners copies ot two letters, one from Goodvin B. Steinberg, Associates and one from Robert Dans ot Coldwell Banker. He aslted that the letters be set aside. The applicant felt, he said, that AnT Mountain represent.. a unique business and, theretore, the usual teclmical methodology' is not applicable. As a result ot discussiona, earlier in the d~, it vas telt SOllIe other teclmique should be used tor traftic being generated. 'J.'he tact that it is a seasonal business, and the tact that much ot the buUding is lII&intained for extendTe stor- age (with no traffic generation) lends itself to a ratio ot 33%. PC-308 Page 19 MINUTES OF MAY 29. 1979 PLANNING COMMISSION MEETING PC-308 Page 20 Associate Planner Piasecki. recommended that granting the appli- cation should be contingent upon veri tying the figures used, verifying the uses for ¥bicn area is intended, and that veri- fication responsibility be placed upon the applicant. Associate Planner Piasecki said that from theStaf'f point of view, they had a larger building with trip-generation lover than vas originally planned. The total of the space use and the ratios of use thereof needed to be cheeked very caref'Ully so that the 33% factor could be confirmed. Com. Clau~ reviewed the total of the space use, plus the existence of off-site storage. He pointed out the contradiction in the information from Mr. Davis, and he inquired as to the total trip generation compared to a normal business trip generation - allow- ing the uniqueness of Any Mountain business. Associate Planner Piasecki allowed that they used two trips/one thousand feet against gross floor area. Com. Adsllls-suggested an agreement amongst the members of the Planning Commission that the standard would be total area in- clusively; because, he said, in bresking down various uses in various plans they'd become hopelessly entangled in changing rules to suit individual circumstances. He stated that he felt it to be necessary to keep the standard applied to total area. Com. Claudy' recommended letting the staff work out numbers based on Planning Commission discussions; however, he added, he hoped it was recognized tnat because of the trip problem a parking problem also existed. en. lCoen1tzer agreed with the representationot' Any Mountain as being unique, adding that from Friday to Sunday evenings were im- possible parking congestion. So, it seemed to him, he lIaid that major concern should be for the peak hours. Com. Blaine asked if it was not felt that the applicant should verity the 33% figure. And, Associate Planner Piasecki reminded her that that was what the Staff recommended. Cn. Koenitzer invited comment from interested parties. ORAL COMMUNICATIOlfS on AGENDA ITEM 12 Mr. Robert Steinberg, Architect, representing the firm of Goodwin B. Steinberg, Associates, 1737 N. 1st Street, San Jose, CA 95112, asked for approval. He stated that in accordance with in- structions from the Planning Commission they had gone back and worked nth Staff on figures that seemed to be mutually fair. Time-pressure for completion of the building for the coming sea- son vas critical to them; and, although they recognized the ser- iousness of the parking situation (which was in the course of being worked out with reciprocal parking courtesies), they still MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING 1'eU the speeiaJ. UD1.q_esa 01' the bus:tDess shouJ.d be _ üaport_t tactor in the dec1s10DS. PC-308 Page Zl Mr. Eldoa Ho1'r.&I1, 2l01¡8 ""..IrwInl Road, Saratoga CA, addressed the acute pa:rk1Dg problem. Heavy usage ".. concentrated during a short period ot time, indicating that between Nonsber _d March 10S to 13S 01' their buaiDesa tor the 71tar vas tl'8l1Sacted. He said that employees accounted tor _ 01' the parlting problem; although, he III&ÙItained, eaplO)'ee-parkiag probl_ _re aggra- Tated 117 lack ot lighting on the vestside ot De .ADza, which lI&de the area unsare -- breùiDg into parked autOllObUe. had occured, and he said he hesitates about aslr.iag girls to use the unlighted area. Com. AdalIa asked Mr. BotfDIaD it' keepiag the tacility open all year would mean a decrease in sales tor the pealr. period of business. Mr. Hottman responded that it se_d to him that sales in the sUIIIIUr season vould reflect a difterent time product and serTice. PUBLIC BARIl(GS CLOSED Com. Claudy questioned the extraordinary storage, seeking to es- tablish if that included otfice space too. He said the number. change --' 1.5 if the latter is true, but 1.0 if othervise. Associate P1anner Piaseclr.1 said Statf felt it should be labeled as extraordinary storage/varehousing and/or office. Coa. Claudy said 1.5 tor straight varehousing is high, but lev for otfice space. Therein, he said, vas the extra generation of traffic. Mr. Piaseclti agreed. PUBLIC HEARINGS REOPDED Mr. Itsuo Uenalr.e, 19449 Via Madronas Court, Saratoga, CA, saic1 that in relation to Any Mountain, Ltd, there vas little oTerlap in bus- iness seasons, his selLllon starting up in March and their. closing dovn. S;)me conflict occurred during the Christmas Season but that had been discussed and BOlTed on a cooperatin basis. PUBLIC HEARINGS CLOSED Ch. Koenitzer said he expected that a negatift declaration vould be in order. MOTIOI: COBrlss1oner Blaine: I MOVE THAT WE RECOMMEIID A NEGATIVE EllVIRONMEll'l'AL IMPACT OB AGDDA rrD( 12, 19-11-76 to CITY COUKCIL SECOIm: Coma1ss1oner Adams VOTE: Ayes: Ccmmiuioners Claudy, AdalIa, ICoenitzer. Blaine Absent: Ch. Gatto PC-30B Page 22 MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING )I)'1'10ll: Cœa1aaioner Blaine: I MOVE 'rHAT THE PLADDlG COM- MISSIOll RECOMMEIiD THE APPROVAL OF TH! APPLICATIOll 19-11-76 (Revised) WITH THE STA1IDARD CORDITIOIS. Ilthro1lCh#14 #15 as in the Statt Report. 116 as in the Statt Report. #17 revised in secordance vith instruc1:iODB; new trip 1'1.__ ben. and sq. t't. calculations. 118 to call for the applicant to proYide an independent analylf1s to yer:tt:T the 33% ot 1'1001" spsee as used in normal retail operations and that &It used for other thai! retail spsee. 1. the findin«s in this II&tter be . the Minutes of the discussions ot this meeting, as being those testi- tied to. 2. tor review by the City 'l'ratfic Engineer, City Engineer, and Director of Public Works. MO'l'IOI PASSED: COIIIIissiOl'l.ers Claudy', Ad81118. 1C0enitzer . Blaine Absent: Ch.. Gatto Abstain: None Coa. Blaine she wished to emphasize that the decision vas based 01'1. the discussions ot this May 29, 1979 meeting that this is a unique building and a unique buailteSS and as such we have revised the trip information (based on the study' cOnducted by the applicant I S agent). UD'IlfISHED BUSINESS Ch. Ieoenitzer asked if the Magic Walk business would be going on to the City Council. Aaaociate Planner Piasecki advised that the Magic Wok would be going 01'1. to the City Council with the provision that an independent analysis be provided betore the City Council aeeting of June II, 1979. He said that, in relation to the easement and landscaping require- meIIts, it seemed to him., as weU as to the applicant, that the wording vas a little ambiguous. Condition #17 and #18 were re- ferred to, requiring the applicant to encompass 5 t't. of sidewalk with interior landscaping as per the review of the Architectural Oa-site Review COIIIIIdttee, He passed out information. The said the strong language vas probably not the Commissio~ intent. He pointed out the perimeter of the site, and called attention to the 10 t't. sidewalk 01'1. the Gemco site. Associate Planner Piasecki said it should go 01'1., but with the wording that it would be subject to the review of the Architectural On-site Renew Committee and approYal thereby, we feel this should go 01'1. to the Architectural Renew Committee, md the app1icmt md statt v11l work 01'1. better overàll landscaping 01'1. this site. Associate Planner Piasecki said 01'1. Condition 118, the last line ot that condition says that "the- reciprocal driveway COY8Dant shall be worded in such a llanDer to obligate future or existing property owners to intercOJlDeet a reciprocal ingress ciriyevay at the northem_at portion of the property at sometime in the future, MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING aDd the. city ca require the same of. the adjo:ining property a>mera." Mr. P1aaecU BÚd. Aa thought 1.t vas tAa iDtent:1011 01" the. Staff that this 1IDUlcl apply' to the propertY' owner to the north.. - the 1-11 portion aDd other '!mainesses, as well as to the ottice busil!.eaaea, Stneu Creek Office Center to the west. along the norther17 propertY' line. Be saicl the applicats are caught in a bind in that the)" are seeking a aub-lease, ad the)" haTe indi- cated that the property owner to the back of the buildiDg, lÙ.ong the. northern property to the vest to the office development is not 1d.J.J.iDg to inter-eonnect. PC-30B Page 23 Associate Planner Piasecki said the owner felt that the area vas used for serTiee vehicles, aDd he felt that opening it up for inter-connection would interfere with the nOY of the serrice tra1'tic. Another factor, he pointed out, vas the possibility of the otfice center to the vest caming in on the odd portion of their property, BD event that would prortde leverage tor requiring the reciprocal easements with this property or BDY property to the vest or east. Ofte qualifier, he said ia that the Good Earth portion ot the site is di:rlded oft ad is a separate parcel. CollI. Blaine and Cos. Clauq diacussed the difference in elevation. Both of them agreed that it ia planted ad appears to be higher, but that it reall7 would measure out at about 1 t't. A graded nap could be put up it. Ch. Ieenitzer asked it af'ter the laat lleetiug, when they vere dis- cuaaiDg reciprocal eaa_ts to the north, whether they were relÙ.ly thinkinc about the northwest. Be said it appeared to him that neither development seemed to be set up for inter-connection to the vest, either t'roa standpoint of useage or lqout. Be thought that it they insisted on one, it would open into the double row ot parking spaces, BDd he dUn't feel that that had been intended. Re said that connecting to the 7-11 would get rid of one driveway there. Associate Planner Piasecki said that vas fine ad that the issue would go on to the Architectural COIIIIÛttee and the reciproclÙ. eas_nts will renect to the north with the 1-11 property agree- ment, aDd to the west with the Good Earth property. COllI. Ieenitzer said that on the landscaping the sidewlÙ.k being talked about vas only the section that was shown. Mr. Piasecki said actually it was the 5 t't. around the perimeter. Cos. Ioenitzer said it would be well to indicate that using part ot the sideval1t would be acceptable but not a requirement. n:v BUSDESS Cos. AdaIIIa introduced a complaint he had received that the tunnel under Stevens Creek Boulevard has no screen or gate, and he said he asked a long time ago about what was going to be done PC- 308 Page 24 MINUTES OF MAY 29, 1979 PLANNING COMMISSION MEETING about that problelll. Com. Blaine brought up the problelll in her neighborhood o~ a burned-out building, in a dangerous state o~ collapse, that was attractive to children and quite dangerous. She wished to know what could be done. The property she said is on Foothill just !forth o~ Riverside Drive. She said it had burned around Chrtstlll&S time, and she would appreciate something being started on it. !fEW BUSINESS ADJOURNMENT Ch. Koenitzer adjourned this meeting at 12:30 a.m. on Wednesday, May 30, 1979 to meet again on June 11, 1979 at 7: 30 p.m. ~or the Regular Meeting o~ the Planning Commission. ATTEST: APPROVED: 4~ City Cl~ v&t~ ~-