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PC 10-09-78 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 S. Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 9, 1978 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. 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, Koenitzer, Ch. Blaine None Staff present: ASsistant Planning Director Cowan ASsistant City Attorney Kilian Assistant City Engineer Whitten ASsociate Planner Piasecki APPROVAL OF MINUTES: Minutes of Regular Meeting of August 14, 1978: Page 7, paragraph 3, line 4: Add "from the homes" after "access". Moved by Comm. Adams, seconded by Comm. Claudy to approve the Minutes of August 14, 1978 as amended. Motion carried, 4-0 Ch. Blaine abstained POSTPONEMENTS: None WRITTEN COMMUNICATIONS Letter from Mr. Robert nendrickson of Westridge Homeowners Association ORAL COMMUNICATIONS: None - PC-290 i Page 1 Aug 14th Minutes approved: PC-290 Page 2 MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING PUBLIC HEARINGS: 1. Applications 18-Z-78, 23-TM-78 and 20-U-78 of B.A.S. ROIŒS, INC.: PREZONING approximately 15.4+ acres from Santa Clara County Rl-IO (Single-Family Residential) to City of Cupertino P (Planned Develop- ment) with Single-Family Residential and Quasi-Public Use Intent) Zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide said property into 27 single-family lots ranging in size from 7,500 sq. ft. to 26,000 sq. ft. and two lots consisting of a total of approximately 6.4 net acres; USE PERMIT to construct 27 single-family homes and conceptual approval for future location of religious facilities on the easterly 6.4 acre portion of the site; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the westerly side of Foothill Blvd. approximately 150 ft. southerly of Poppy Drive immediately opposite the intersection of Salem Drive. First Hearing. The Assistant Planning Director said 2 of these 3 applications are very similar to those reviewed by the Planning Commission and City Council approximately 3 months ago. The previous applications were recommended for denial by the Planning Commission and denied by the City Council. There has now been a reduction from 29 to 27 lots. The staff feels that, for safety, there should be more than one road system into and out of a residential neighborhood. Re then recounted the work done by the special Kaiser Committee. A sound barrier and noise attenuation building materials should be utilized here, according to the City's Noise Consultant, Mr. Pack. The Assistant City Engineer pointed out a problem currently being experienced with Mariani Avenue and Lazaneo Drive. Cars are driving through the City's and 4-Phase Systems' landscaping. Now, there are steel posts about 4 feet apart. In case of emergency, the fire trucks will have to stop and unlock the gates in order to get through there. He then reviewed the traffic analysis of the area from Foothill to the railroad tracks and from Permanente to Salem Avenue. Comm. Adams asked what has happened since the stop signs were put along Blaney Avenue. The Assistant City Engineer said it is now easier to get onto Blaney Avenue from the side streets. Consequently, Blaney now carries 2000 additional cars. Traffic flow is good, however. Mr. Steve Stern, B.A.S. Homes, 20823 Stevens Creek Blvd., Cupertino, said that basically, they concur with the October 6th staff report on their applications. He said that with the new proposal the project will work just as well as the previous one. He offered to answer any questions. , PC-290 1 Page 3 i The Assistant Planning Director said the staff report suggests the PD be changed to conventional residential lots. Mr. Stern said this I would cut down on the flexibility they would like to have; however, I they could go along with it. I , MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING Comm. Koenitzer noted the Westridge residents have registered quite a bit of concern about envasion of privacy of some of their front yards with the proposed two-story homes on the adjoining property. Mr. Stern said this can be solved with landscaping. He said they are willing to plant trees along the property line. He would be willing to put single story homes on lots Band 9. It was noted this property is a lower grade than the Westridge homes Mr. Stern said he would be willing to consider for lot HI a 2-story home without windows facing south on the second story. Ch. Blaine asked for comments from the audience. Mary Alice McGuinis, 22679 Weeping Oak Court, submitted a petition signed by every unit in Westridge opposing this proposal. She said there is lack of a buffer for Westridge residences from the B.A.S. Homes development. Mr. Robert Hendrickson, 10003 Long Oak Lane, Cupertino, President of the Westridge Association, said the key problem here is future traffic. The signal at Salem and Foothill, if done in conjunction with the extension of English Oak, could minimize this problem. The Assistant City Engineer said the medians and signal could be phased together. There is a problem of visibility along English Oak Eileen Plagge, 22754 Majestic Oak Way, Cupertino, spoke against the opening up of English Oak Way. Pearl Robbins, 10136 English Oak, said her garage is right where the City wants to extend the road. Moved by Comm. Claudy, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 Comm. Claudy said that from a public safety point of view and for public access, English Oak Way should go through. Comm. Koenitzer added that with the additional lane for the right turn, it will help the traffic move along. Left turns are the problem. Comm. Claudy suggested a 4-way stop sign at the corner of the curve of English Oak and the 2 private streets. PC-290 Page 4 MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING Moved by Comm. Koenitzer, seconded by Comm. Adams to concur with the findings of the ERC, granting a negative declaration. Motion carried, 5-0 l8-Z-78 approved Moved by Comm. Claudy, seconded by Comm. Koenitzer to approve application l8-Z-78, subject to the standard conditions and condition 15 in the October 6, 1978 staff report; and subject to the findings and subcon- elusions in said staff report. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 23-TM-78 gpproved Moved by Comm. Koenitzer, seconded by Comm. Claudy, to recommend approval of application 23-TM-78 to the City Council, subject to the 14 standard conditions, conditions 15, 16 and 17 in the staff memo of October 6, 1978, and an additional condition 18 that the houses on lots 8 and 9 shall be single story and there shall be no windows facing south on the second story of the unit on lot #1. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Comm. Gatto wanted it in the record that he did not favor condition 16, although he did vote for it. 2. Application 24-TM-78 of JAMES C. SCOTT: TENTATIVE MAP to divide a 30,000 sq. ft. parcel (approximately 0.7 acre) into 2 parcels consisting of approximately 11,000 sq. ft. and 19,000 sq. ft. each; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the east side of Scenic Blvd. approximately 200 ft. southerly of the intersection with Carmen Road. First Hearing. The Associate Planner reviewed the October 5, 1978 staff report, calling attention to the 2 recommended conditions. Mr. John Klegg, 2443 Ash Street, Pal0 Alto, stated he was representing Mr. Scott, who was out of town. He said they have adjusted the boundary to take care of one of the staff's concerns. Since there were no comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Adams, to close the Public Hearing. Motion carried, 5-0 MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING Moved by Carom. Adams, seconded by Carom. Gatto to concur with the ERC's recommendation of a Negative Declaration. Motion carried, 5-0 Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend to the City Council approval of application 24-TM-78, subject to conditions I through 20 and the findings and subconclusions in the staff report. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 3. Application 25-TM-78 of GEORGE S. NOLTE & ASSOCIATES (MEASUREX): TENTATIVE MAP to divide a single parcel consisting of approx. 17.5 acres into 3 parcels; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the northwest corner of Bubb Road and McClellan Road in an ML (Light Industria zoning district. First Hearing. The Assistant Planning Director reviewed the October 5, 1978, staff report, noting that the staff was recommending approval. Mr. Art Osaki, Facilities Manager of Measurex, offered to answer any questions a There were none. Since there were no comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Koenitzer to close the Public Hearing. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Adams to support the ERC's recommendation of a Negative Declaration. Motion carried, 5-0 Moved by Comm. Claudy, seconded by Comm. Gatto to recommend to the City Council approval of application 25-TM-78 with the 14 standard conditions, conditions IS, 16 and 17 in the staff report and with the findings and subconclusions in said staff report of October 5, 1978. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 PC-290 Page 5 24-TM-78 approved 25-TM-78 approved .. ~ PC-290 Page 6 MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING 4. Application 21-U-78 of BURGER KING CORPORATION: USE PERMIT to construct and operate a fast food, take out restaurant consisting of approximately 3,700 sq. ft. on a site consisting of approximately 0.9 acre; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the west side of North De Anza Blvd. approxi- mately 250 ft. northerly of Stevens Creek Blvd. in a CG (General Commercial) zoning district. First Hearing. The Associate Planner called attention to the many problems associated with this application, as recorded in the October 6, 1978, staff report. Since this is the only major access into this shopping center from De Anza Blvd., Comm. Gatto wondered why the staff did not think it should have a wider driveway. The Associate Planner said that would result in lost parking spaces. Mr. Richard T. Snead, Burger King, 1333 Lawrence Expressway, Santa Clara, said their site engineer and real estate representative were also present at this meeting to answer any questions. He minimized the staff's concerns. He was concerned about conditions 15 through 20. They contest the recommendation for a drive-thru to the Steak House because it renders useless to them 2700 sq. ft. Mr. Snead said their proposed rectangular building is more functional than the staff's recommended wider building. Secondly, the wider building would decrease the entrance from De Anza Blvd. and visibility into the shopping center. Mr. Snead pointed out the wisdom of his proposed 40 ft. wide entrance from De Anza Blvd. He noted the congested area presently at the Steak House and the corner service station. He suggested widening the entrance to 50' and putting in a median. Comm. Claudy said the traffic pattern presented was unacceptable to him. Comm. Adams asked if their market research showed this would be a viable place for another restaurant, between two others. Mr. Snead said they want to be next door to a Big Boy or a McDonald's. Also, they would like to be near an Alpha Beta Market. Comm. Claudy commented that a square building seems to offer advantages as far as parking is concerned. A side dining room with windows could be used. Mr. Snead presented pictures of McDonald's on Stelling and Carls', Jr. on Homestead Road, showing how those structures conform with buildings in their shopping centers, with some changes. He said they are conforming as much as the examples he presented. They do intend to conform to the Alpha Beta Market building. MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING PC-290 Page 7 Mr. Snead said they will comply with conditions 18 and 19, but prefer not to comply with condition 20. i I ¡ would I Since there were no comments from the audience, it was moved by Comm. Claudy, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 Comm. Gatto said he was abstaining from this application. Comm. Adams said access in condition 20 should be adhered to because it will be needed in the future. He and Comm. Claudy said they supported the staff's recommended conditions. Comm. Koenitzer said he would like to 'leave the review of the building plans to the H-Control Committee. Ch. Blaine said that, as a woman who goes shopping a lot, this parking layout is of great concern to her. Moved by Comm. Adams, seconded by Comm. Claudy to reopen the Public Hearing and continue application 21-U-78 to November 13, 1978. 21-U-78 cont'd to Nov. 13th AYES: Comm. Adams, Claudy, Koenitzer, Ch. Blaine NOES: None ABSTAINED: Comm. Gatto Motion carried, 4-0-1 Ch. Blaine called at recess at 9:54 PM. The meeting reconvened at 10 :03 PM. 5. CITY OF CUPERTINO: Public Hearing to consider the adoption of a Comprehensive General Plan including the following elements: Land Use, Housing, Open Space/Conservation, Seismic Safety, Public Safety, Noise and Scenic Highways. The initial meeting will concentrate on the Housing Element. First Hearing. The Assistant Planning Director introduced the discussion of Housing Goals by stating the objectives: Increase the housing supply; promote a range in the type and cost of housing; preserve and mainta n existing housing and neighborhoods; and promote fair housing practices. He said the City Council, in reviewing the General PIan, has found it unacceptable to increase the density in the 7 Springs Ranch and the property at Freeway 280 and Foothill Blvd. Assistant Planner Toby Kramer reviewed the first draft of the Housin Element, dated October 5, 1978. ... ---.À. PC-290 Page 8 Housing Element continued to Oct 23rd MINUTES OF OCTOBER 9, 1978 PLANNING COMMISSION MEETING Comm. Claudy said he believes the need for assisted housing is much greater than the staff report indicates. Ms. Kramer said they have been trying to follow the prescribed guidelines. Comm. Gatto said that how to assimilate 200 units into this community with the least amount of disruption is the real problem here. One key is to create programs that are simple and avoid bureaucracy. He said the policy and programs should be adopted and then later, the staff responsibilities and money for these programs could be assigned. The Commission reviewed the first draft of the Housing Element with the staff and offered a few minor changes. Moved by Comm. Claudy, seconded by Comm. Koenitzer to continue the review of the Housing Element to October 23, 1978. Motion carried, 5-0 6. CITY OF CUPERTINO: Public Hearing to consider an ordinance regulating conversion of multiple family rental projects (including duplexes) into single-owner housing units; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. First Hearing continued. The Associate Planner reviewed the fourth draft of the Condominium Ordinance, dated October 6, 1978. Ch. Blaine said that if the policies regarding the ratio of rental to ownership units are not in the Housing Element the rental stock policy wil1 diminish. Comm. Adams noted the present vacancy factor is 4%. Comm. Gatto said we should wait to have goals and housing element prior to ðction on this ordinance. Ch. Blaine asked for comments from the audience. Mr. Bill McCleary, Lafayette, CA, said he owns apartment houses, has built condominiums, and has converted apartments into condominiums. He strongly believes the City of Cupertino should adopt an ordinance regulating conversion of apartments to condominiums, but they should not be prohibited. He suggested a regulation that they must be 100% below market value and the present tenants could not be evicted. He cautioned against setting percentage figures....let the marketplace regulate this. MINUTES OF OCTOBER 9, 1978 PLfu~NING COMMISSION MEETING Moved by Comm. Koenitzer, seconded by Carom. Adams to continue the Condominium Conversion Ordinance review to October 23, 1978. Motion carried, 5-0 UNFINISHED BUSINESS: None. NEW BUSINESS: None. REPORT OF PLANNING COMlfISSION Ch. Blaine reported on the recent Mayor's Luncheon. Among other things, she noted that the Library is faced with a 30% budget for next year. REPORT OF PLANNING DIRECTOR The Assistant Planning Director stated the Seismic Safety and Public Safety Elements are going to the Safety Commission for review.. ADJOURNMENT Ch. Blaine adjourned this meeting at 11:50 PM. APPROVED: ~~¿ß£~ C irwoman ATTEST: City Cler PC-290 Page 9 Condo Ord cont'd to Oct 23rd