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PC 02-12-79 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue~ Cupertino~ CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON FEBRUARY 12, 1979 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. Blaine called the meeting to order at 7:30 PM with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten Assistant Planner Piasecki Deputy Assistant City Attorney Aikens APPROVAL OF MINUTES Minutes of Regular Adjourned Meeting of January 20, 1979: Moved by Comm. Koenitzer, seconded by Comm. Claudy to approve the Minutes of January 20, 1979 as submitted. Motion carried, 4-0-1 Comm. Gatto abstained Minutes of Regular Meeting of January 22, 1979: Page 3, paragraph 3, sentence should read: "Comm. Adams said he would like to hear more about the area from the citizens who have watched it develop." Page 3, œxt to the last paragraph should read: "Comm.Koenitzer said that R2 (Duplex) might be possible but not any higher density. " PC-299 Page 1 1(20/79 Minutes approved as submitted PC-299 Page 2 1/22/79 Minute approved as amended 22-Z-78 removed from calendar MINUTES OF FEBRUARY 12, 1979 PLANNING COMMISSION MEETING Page 4, paragraph 4, last 2 lines should read: of residential and a road; and perhaps sell the to purc~1.ase other park land. II II.. .be used for a row land for these homes Page 4, paragraph 6 should read: "Comm. Koenitzer noted this area is isolated. . . . . . . .density factor is right; however it does not have to be conventional Rl lots." Page 6, paragraph 6, the man' 5 name is "Yamagami". Page 7, paragraph 1, line 4: Delete "Woolworth" and replace with "Saratoga-Sunnyvale Roadll Page 7, paragraph 6,.line 1: Delete "commercial ar"a" and replace with "commercial area between ll8S and Prospect Road". Page 8, paragraph 4, line 4: Delete "High" and r"place with ~'Elementary". Moved by Comm. Gatto, s"conded by Comm. Adams to approve the·Minutes of January 22, 1979 as amended. Motion carried, 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS Per request of the applicant, it was moved by Comm. Gatto, seconded by Comm. Adams to remove application 22-Z-78 of Peter Gwozdz from the Calendar. Motion carried, 5-0 WRITTEN CONMUNlCATIONS Petitions regarding Agenda Item 4 were r"ceived from Sunnyview Manor and from residents from the area of Stevens Creek Blvd. as w"ll as from Rev. Ruud and Westridge Hom"owners. ORAL COMMUNICATIONS There were none. MINUTES OF FEBRUARY 12, 1979 PLANNING COMMISSION MEETING PUBLIC HEARINGS: 1. Application 22-Z-78 of PETER S. GWOZDZ. This application was previously removed from the calendar upon request of the applicant. 2. Applications 28-TM-78 and l-U-79 of CUPERTINO KNOLLS (EUREKA FEDERAL SAVINGS & LOAN): TENTATIVE MAP to subdivide the subject property into l7 single-family home sites. First Hearing continued. USE PERMIT to construct 17 single-family detached homes and ENVIRONMENTAL REVIEW: The project was previously assessed; hence, no action is required. The subject property consists of approximately 14.3+ acres located on the north side of Voss Avenue approximately 200 feet westerly of El Prado Way. First Hearing. The Assistant Planning Director reviewed the application per·the February 9, 1979 staff report. He noted this public hearing was the second step in the zoning process; i.e., the tentative map and use permit. He then reviewed the suggested conditions of approval noting the reference to Voss Avenue Pond. Condition 18 refers to open fencing between individual lots and common open space, and the side yards could have the conventional 6' solid fence. Ch. Blaine felt that some privacy of the small back yards should be allowed. The Assistant Planning Director suggested that if the Evergreen District should cease to exist, said property should revert to the City of Cupertino. Comm. Koenitzer had some concern about dedicating the eastern piece to the Evergreen District; however, he agreed with dedicatin the western portion with the pond. Mr. Don Bearsley, Ruth & Going, San Jose, said they have no proble with the conditions as proposed by the staff. They would be willi g to form a Homeowners Association. In regard to fencing, he said it was their opinion that the solid board fencing would provide the needed privacy for the homeowners. PC-299 Page 3 22-Z-78 removed from Calendar PC-299 Page 4 MINUTES OF FEBRUARY 12, 1979 PLANNJNG COMMISSION ~ŒETING ,~ Mrs. Lucien Hertert, San Juan Road, said she is a neighbor of this development and she has an interest in the pond. She is also concerned about the large oak tree near the roadway. She believes the area around the pond is unstable ground. The westerly area is an interesting example of soil slippage. Mr. Lincoln Thorpe, Evergreen Open Space District, 1046 West Taylor Street, San Jose, said they have abandoned the idea of access road for a caretaker. They are considering the possibility of a road acroSs the dam. They are concerned about fencing and the attractiveness of the pond to small children and to motorcycles. It was felt that with the conditions of approval, that the staff and the applicant would be able to work out the details equitably. Ch. Blaine was concerned about the eucalyptus grove to be planted by the developer. She suggested they use another type of tree that is indigenous to the area. 110ved by Comm. Gatto, seconded by Comm. Claudy to close the þublic hearing. Motion carried, 5-0 Moved by Comm. Adams, seconded by Comm. Claudy to reopen the public hearing since there appeared to be further discussion about the easement. Motion carried, 5-0 Mr. Beardsley said the fee title could be retained in the name of the Homeowners Association and easement given to the pond. Moved by Comm. Koenitzer, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 Comm. Gatto said lots 18, 19 and 20 should be initially under control of the Homeowners Association and they can work out the easements, etc., with that agency. MINUTES OF FEBRUARY l2, 19.9 PLANNING COMMISSION MEETING Moved by Cemm. Koenitzer, seconded by Comm. Gatto, to recommend to the City Council approval of application 2o-TM-78 with the 14 standard conditions and conditions 15 through 19 in the staff memo of February 9, 1979; condition 20 as modified; condition 21 as modified at this meeting; and subject to the findings and subcon- clusions in said staff memo. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Gatto, to recommend to the City Council application l-U-79 with the l4 standard condition conditions l5, 16, 19 and 20 in the staff report of February 9, 1979, condition 17 as modified at this meeting regarding public usage, condition l8 in the staff memo and condition 21 as amended. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine . None Motion carried, 5-0 MINUTE ORDER: (To the staff.) Moved by Comm. Koenitzer, seconded by Comm. Adams to emphasize to the staff the Planning Commission's desire to retain the oak tree on Voss Avenue. Motion carried, 5-0 The above matter will go to the City Council on Tuesday, February 20th. 3. Application l-Z-79 of JAMES G. BOGHOSIAN: PREZONING approxi- mately 0.4 of an acre from Santa Clara County CG (General Commercial) to City of Cupertino CG (General Commercial) zone or whatever zone may be deemed appropriate by the Planning Commission and ENVIRONMENTAL P.EVIEW: The Environmental Revie Committee recommends the granting of a Negative Declaration. Said property is located at the southeast corner of Stevens Creek Blvd. and Pasadena Avenue. First Hearing. A map of the area was displayed on the overhead projector. The Assistant Planning Director said the proposal is consistent with the General Plan as it is presently. It conforms generally with the Plan Line as proposed. The staff feels there are adequate controls to ensure a desirable development of the property. PC-299 ., Page 5 20-TM-78 approved l-U-79 ,approved M.O. re oak tree on Voss Ave. PC-299 Page 6 l-Z-79 approved MINUTES OF FEBRUARY 12, 1979 PLANNING COMMISSION MEETING Mr. ~~rtin Hall, 906 Lindy Lane, Cupertino, said he was representing the applicant on this '!latter. He said Monta Vista is "such a mess now that any development at this point would be an improvement." He said they believe Monta Vista needs development. He believes this property needs development. The property is lOS' wide along Stevens Creek Blvd., with a total of 17,000 sq. ft. Moved by Comm. Koenitzer, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 Comm. Gatto, Claudy and Ch. Blaine agreed it should be PD here. The Assistant Planning Director said it would be 6 months before the staff could have the work done for PD zoning here. Moved by Comm. Koenitzer, seconded by Comm. Adams to uphold ·the opinion of the ERC and grant a Negative Declaration on this property. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Claudy to approve application l-Z-79, changing from County CG to City CG/PD with the land use to reflect the Old Monta Vista Plan. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 This will go to the City Council on March 5, 1979. 4. Application 2-U-79 of SILVER OAKS WEST (SAN JOSE BUILDING DESIQ" INC.): USE PERMIT to operate a grocery store consisting of approximately 2,000 sq. ft. in the planned Silver Oaks West Commercial Center and ENVIRONMENTAL REVIEW: The project was previously assessed; hence, no action is required. The Silver Oaks West commercial development is located on the northwest corner of . Stevens Creek Blvd. and Foothill Blvd. in a P (Planned Development with Single-Family Cluster, Residential, Multiple-Family Residential and Commercial Use Intent) Zoning District. First Hearing. " MINUTES OF FEBRUARY 12, 1979 PLANNINC CmlMISSION IoæETINC The Assistant Planner reviewed the applicant's proposal and the February 9, 1979 staff report. The applicant wishes to put a "convenience store" in Space US in this commercial structure. It is one of 6 uses here. The applicant has agreed to limit the hours of operation from 7 AM to 9:30 PM and shall be under con- stant supervision of an adult over 18 years of age and there shall be no electronic games or machines. Petitions both for and against this proposal have been received. The staff feels the developer should be allowed some flexibility with the conditions as proposed. The City Engineer answered Camm. Koenitzer that a single-family home is being moved to the northeast corner here. Comm. Koenitzer said he understood from previous deliberations on this property there was to be no grocery store here. The applicant, Mr. J. J. Seller, Silver Oaks Development, 5450 Clothin Lane, San Jose, said he believes everything has been said and offered to anSWer any questions. Mrs. Kathryn Graham, 10016 Spanish Oak Court, Westridge, said that in July 1977 there were 30 residents of Westridge down here at City Hall in regard to this property. There are still some hold-outs, but most of the people she has spoken with were in favor of this type store within walking distance, with proper controls -- particularly with the increase in the price of gas. Rev. Oliver Ruud, 22392 Carnesti Court, Cupertino, said he was Administrator of Sunnyview Manor. He explained they provide one meal per day to the Senior Citizens and l/4 or less of them have cars. They depend on public transportation, van service or a nearby shopping center with small shops. The operator of Stevens Creek Market said he had a petition with 640 signatures against this proposal. They feel there is no need for more liquor sale outlets. A convenience store would be OK, but with beer and wine there will be problems. He answered Ch. Blaine that he does sometimes have "social problems" with the beer and wine sales. Mr. A. Bateh, 10629 Foothill Blvd., said he and his brother own the liquor store across the street. They also sell milk, bread, etc. They are open until 11 PM. When those elderly people need more groceries than that there is good public transportation to grocery stores. The trucks go about 40 miles per hour down Foothill and he feels it is dangerous for those elderly people to cross the street on foot. ,-- PC-299 Page 7 PC-299 Page 8 MI!ruTES OF FEBRUARY 12, 1979 PLANNING COMMISSION MEETING Mr. Dale Hendrickson stated he has been a Cupertino resident for 15 years. He said he heard the 7-11 store down near Safeway went out of business because the people were "stealing them blind". He would not like to see this happen here. He would prefer to see a restaurant in this space rather than a grocery store. Mr. Bateh said he had a business off Castro Street on El Camino and he described the robberies and crime attracted to these small stores. He said they offer a delivery service. Mrs. Shirley Hendrickson said she has lived in this area 16 years. She opposes this convenience store for many of the reasons already expressed. The operator of Stevens Creek Market said he took over this market in April of 1978. It involved $200,000. He was told commercial has been denied in this area for years. Rev. Ruud said many of the people at Sunnyview "'..anor walk a lot. Many of these people will not step inside the liquor store to purchase their milk, bread, etc. ~his proposed use will be appreciated by·his people. Moved by Comm. Claudy, seconded by Comm. Koenitzer to close the Public Hearing. ¡lotion carried, 5-0 Comm. Adams observed the City Council has already determined a grocery store could be permitted here. The Assistant City Attorney said this is a Planning body. The standards that should be addressed involve whether this would be a good use here. A use cannot be restricted based on the finding that there will be too many of those uses in an area. The City has taken the position that this is not an unreasonable use here. Comm. Koenitzer said we already have some of the problems that were brought up. The question is whether this proposed use will create more problems. He would like to prohibit any kind of coin operated games within the store. He feels that within the policies approved in the past that this should be approved. Comm. Claudy does not think that another store that sells wine and beer or hard liquor will increase the problems. He could not in good con- science deny an applicant the chance to earn a living here. MINUTES OF FEBRUARY 12, 1979 PLANNING COMMISSION MEETING PC-299 Page 9 The Assistant City Attorney said the Planning Commission should be aware that there must be a reasonable basis for making a determination. Comm. Adams said he could not disagree with the findings and sub- conclusions in the February 9, 1979 staff report. }fuved by Comm. Claudy, seconded by Comm. Adams to approve applica- tion 2-U-79 subject to the findings and subconclusions in the staff report of February 9, 1979, with standard conditions l-14, 15,16,17, l8 and 19 in said staff report with particular emphasis on the prohibition of any coin operated games. 2-U-79 approved AYES: NOES: Comm. Adams, Claudy, Gatto, Koeniti~, Ch. Blaine None Motion carried, 5-0 It was pointed out that the Planning Commission has determined that the proposed use is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighborhood. UNFlnSHED BUSINESS: None. NEW BUSINESS: None. REPORT OF PLANNING COMMISSION Ch. Blaine reported that Burger King has been turned down again. She also learned at the recent Mayor's Luncheon that the City is still working on a building security ordinance. The City Council is studying sites of traffic signals, medians, additional offices in the City Hall basement, improvements in Varian Park, and possible purchase of a school site. There is Some consideration being given to a traffic signal at Rainbow and Stelling. Carpet is being installed in the Library. Citizens of our Sister City -Toýokawa were visiting here recently It was learned there are 35 members on their City Council. PC-299 Page 10 ~I:fL~ES OF FEBRUARY 1 ? --, 1979 PL~¡NING CO~1ISSION :ŒETING ~'¡ork is tieing àone on t~e Trianon builå::"ng on the De A!'..za College site. Reviews are coming up for £í:ling vacanci.e.s on the various Comr.:1issions. REPORT OF P~fNING DIRECTOR The Assistant Planning Director said on February 8th they went before t~1e PUDlic Safety Commi.ssion wi~h the :-'¡:o:'se Element.. It will be before the Planning Commission on Feoruary 26th, as well as an update on the Seismic Safety Element.. ADJOUR;.'NE:IT C1. Blaine adjourned t::is meeting at lO:02 PM. APPROVED: .¿~ d:4£: --Chairwoman ' ATTEST: