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PC 11-13-78 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 S. Torre Avenue, Cupertino, CA 95014 Te~ephone: (408) 252-4505 MINUTES OF TRE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON NOVEMBER 13, 1978 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG C. Blaine called the meeting to order at 7:35 PM with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Adams, Claudy, Gatto(7:45), Koenitzer, C. Blaine None Staff present: Assistant Planning Director Cowan Assistant City Attorney Assistant City Engineer Whitten Associate Planner Piasecki APPROVAL OF MINUTES Minutes of Regular Meeting of October 23, 1978 Page 4, paragraph 7: Delete "to solve" and replace with "of potential approaches to help alleviate". Page 5, paragraph 4: Delete "under that" and replace with ''with the vacancy rating under the vacancy minimum". Page 6, second line under Report of Planning Commission: Delete "Gere's Plans" and replace with "Jerry's Pants". Under Report of Planning Director, second paragraph, second line: Delete "Stevens Creek Road" and replace with "Old Cupertino Road". Moved by Comm. Claudy, seconded by Comm. Adams to approve the Minutes of October 23, 1978 as amended. Motion carried, 4-0 POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: None. - ------- _.._~ - PC-292 Page 1 ,. PC- 292 Page 2 MINUTES OF NOVEMBER 13, 1978 PLANNING COMMISSION MEETING PUBLIC HEARINGS: 1. Application 22-U-78 of JOSEPH P. FRANCO (HOMESTEAD SQUARE): USE PERMIT to construct a racquet ball facility, commercial shops and a restaurant equaling approximately 66,000 sq. ft. in the existing Homestead Center; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is 10cated at the southwest corner of Homestead Road and North De Anza Blvd. First Hearing. The Associate Planner reviewed the aerial photograph of the subject property, indicating its relation to the Otis Forge property along Freeway 280, which recently has been designated residential. He stressed that the Planning Commission should keep in mind there must be access to this property. The Associate Planner next reviewed the previously approved Use Permit on the Homestead Square site. He said the staff has two major concerns: I) The new public street which will be the access road to the Forge property and 2), The architectural roof treatment around all sides of the bUilding. The staff recommends a minimum of 15 feet of on-site landscaping along the southerly and westerly boundaries of the site. It was noted the new pIan calls for 16 racquet ball courts and 32 parking spaces. The staff is asking that the applicant be required to continue the roof treatment along the south side of the building. Comm. Koenitzer brought up the discussion driveway pattern in front of Payless. of this driveway. in 1974 about extending the He questioned the safety Mr. Bruce McClelland, 1641 El Dorado, San Jose, said he was representing the applicant, Mr. Joseph P. Franco -- the owner of this property. He said the parcel that Payless is on has been sold. He said he would anticipate extreme difficulties in trying to get the driveways changed at this point. They don I t see any need for additional barriers at the present time. He said the landscape architect is willing to abide by the recommendations of the staff. They See the rationale of the building requirements snd understand why the requirement is being made. However, they have not been able to get in touch with the racquet ball people about this. Comm. Koenitzer said the rear wall may not need the full treatment, but should have something more than just a concrete walL He would like to have this left to the H-Control Committee. The Planning Commission recognized the probl~ in the parking lot with the aisle so close to Homestead Road. .~---_.-._- -.----- -- MINUTES OF NOVEMBER 13, 1978 PLANNING COMMISSION MEETING PC-292 Page 3 ;/ Since there were no comments from the audience, it was moved by Comm. Adams, seconded by Comm. Koenitzer to close the Public Hearing. Motion carried, 5-0 Comm. Claudy commented that he agreed with Comm. Koenitzer as to the roof treatment in Condition 17 should be modified - leaving this decision up to H-Control. Moved by Comm. Adams, seconded by Comm. Koenitzer to accept the findings of the ERe and grant the Negative Declaration. Motion carried, 5-0 Moved by Comm. Adams. seconded by Comm. Koenitzer to approve application 22-U-78, subject to conditiona 1 through 16 and Condition 17 as modified at this meeting. 22-U-78 approved AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 2. Application 21-U-78 of BURGER KING CORPORATION: USE PElU'.IT to construct and operate a fast-food, take-out restaurant consisting of approximately 3,700 sq. ft. with outdoor seating facilities, on a site equaling approximately 0.9 acre; and ENVIRONMENTAL lŒVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the west side of North De Anza Blvd., approximately 250 ft. northerly of Stevens Creek Blvd., in a CG (General Commercial) zoning district. First Hearing. The Associate Planner reviewed the November 9, 1978, staff report, adding that the changes made in the revised plans address all of the concerns raised previously. He added that since this site is in a CG zone, the Planning Commission takes final action on the use permit unless appealed. Mr. Bill Supinski. Burger King, 1333 Lawrence Expressway, Ste 424, Santa Clara, said they have been working with the staff and have been able to resolve all their problems. He offered to answer any questions. PC-292 Page 4 MINUTES OF NOVEMBER 13, 1978 PLANNING COMMISSION MEETING Comm. Adams called attention to condition 19 regarding off-site improve- ¡ments. Comm. Claudy said he could appreciate the cooperation of the i , ¡applicant. \. , Since there were no comments from the audience, it was moved by Comm. Adams, seconded by Comm. Claudy to close the Public Hearing. Motion carried, 5-0 Moved by Comm. Claudy, seconded by Comm. Adams to accept the findings of the ERC and grant the Negative Declaration. Motion-carried, 5-0 21-U-78 approved Moved by Comm. Claudy, seconded by Comm. Koenitzer to grant approval of 21-U-78, subject to the 14 standard conditions, conditions 15 and 16, condition 17 revised at this meeting, condition 18 with the word "parking" deleted from the first line, condition 19, and the findings and sub- conclusions, as noted in the staff report dated November 9, 1978. AYES: NOES: ABSTAINED: Comm. Adams, Claudy, Koenitzer, Ch. Blaine None Comm. Gatto Motion carried, 5-0 The Associate Planner reminded the applicant of the necessity of some historical data that must be submitted to the staff prior to issuance of any building permits. 3. Applications 10-Z-77 (Revised)and 8-U-77 (Revised) of SAN JOSE BUILDING DESIGN, INC.: Revision of previously approved Planned Development Zoning District and Use Permit to delete Condition No. 23 which requires the developer to agree to provide reciprocal ingress/egress easements with the adjoining Westridge Townhouse Development; and ENVIRONMENTAL REVIEW: The project was previously assessed; hence no action is required. The subject property is located at the northwest corner of the inter- section of Foothill Blvd. and Stevens Creek Blvd. First Hearing. The Assistant Planning Director reviewed the November 9th staff report. He said this public hearing directly involves the Silver Oaks West develop- ment of 20 homes and indirectly involves the Westridge development. " -_._-_._-~~_._- ."--.-.,.--- --.------.--. --..----.-- ----_.,--~--.---- MINUTES OF NOVEMBER 13, 1978 PLANNING COMMISSION MEETING The staff agreed that the condition requiring the reciprocal acces should be deleted. There wil1 be no physical barrier at the prese~t time, but either subdivision could request future barricades. Comm. Koenitzer recommended the Fire Marshall be apprised of this possibility of barricades. Mr. Ron Per~y, 1436 Camden Avenue, San Jose, representing Silver Oak West subdivision, said they have no thoughts whatsoever of putting up any gates. They do not have any intention of changing the street design. There followed a discussion of the possibility of drivers who do not live in these subdivisions driving through these residential streets in order to avoid traffic hang-ups at the busy intersectio Mr. Robert Hendrickson, representing Westridge Homeowners Assoc., said they have no intentions of putting up a barrier. They saw no reason to go ahead with this agreement. He said there is a blind corner at Royal Oak and Silver Oak because of an existing fence. Since there were no further comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Adams, to close the Public Hearing. Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Gatto to recommend approval of application lo-Z-77 Revised. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Adams to recommend approval of application 8-U-77 Revised. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 UNFINISHED BUSINESS: None. NEW BUSINESS: None. PC-292 Page 5 lO-Z-77 Revised approved 8-U-77 Revised approved PC-292 Page 6 I I I I I MINUTES OF NOVEMBER 13, 1978 PLANNING COMMISSION MEETING REPORr OF PLANNING COMMISSION: Comm. Koenitzer wanted to make a statement about Section 8 and other forms of housing assistance. He urged that we get away from the "box look", and suggested the Commissioners look at the San Juan Bautista development near #101 and Tully Road as a bad example. Several other locations were brought to mind as well. Ch. Blaine said she had attended 3 meetings recently. The Parks and Recreation Commission has been studying the General Plan, and the Planning Commission wil1 get a working paper on this at the next meeting. The City Manager hopes the two Commissions will look at the school sites and put preliminary zoning on them in case they should become available. Ch. Blaine also attended the Public Safety Commission meeting, with the I Noise Element on its agenda. However, this was put off until another meeting. At the recent I Westridge was REPORT OF PLANNING DIRECTOR: Mayor's Meeting it was recorded the BAS project behind continued to give Westridge more time to study traffic. The Assistant Planning Director announced that three elements: land use character, open space and parks and housing - would be on the agenda for November 27th. ADJOURNMENT Ch. Blaine adjourned this meeting at 8:30 PM. APPROVED: ~~r~ A/; Chairwoman ATTEST: ¿2 ~ City ~