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PC 07-10-78 · ."...- -- CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE HELD IN THE COUNCIL CHAMliER, CUPERTINO, CALIFORNIA JULY 10, 1978 PLANNING COMMISSION CITY HALL SALUTE TO THE FLAG Ch. Blaine called the œeeting to order at 7:32 PM wieh ehe Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Claudy, Gateo, Koenitzer, Ch. Blaine Adams Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten Assistane Planner Piasecki APPROVAL OF MINUTES: Regular Meeting of June 26, 1978. Since the Minutes had not been distributed eb the Commissioners prior to the œeeting, it was œoved by Comm. Koeniezer, seconded by Comm. Claudy to continue the Minutes of June 26, 1978, to July 24, 1978. Motion carried, 4-0 POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS Ch. B~aine noted the lengthy agenda and said ie probably would noe be completed on this date. This would be determined after ehe recess. There was a request from ehe applicant for agenda item 8, asking to be moved up on the agenda because they had consultants from oue of town. This would be discussed at break time. PC-285 Page 1 6/26/78 Minutes approval cone'd to July 24th. PC-285 Page 2 MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION ~ŒETING PUBLIC HEARINGS: 1. Applications 9-Z-78, 12-TM-78 and 6-U-78 of B.A.S. HOMES, INC.: PREZONING approximately 15.4 + acres from Santa Clara County RI-IO (single-family residential 10~000 sq. ft. minimum lot size) zoning district to City of Cupertino P (Planned Development 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 31 single-family lots ranging in size from 6,000 to 26,000 sq. ft. and two lots consisting of a total of approximately 6.4 net acres; USE PERMIT to construct 31 single-family homes and conceptual approval for future location of religious facilities on the easterly portion of the site containing approximately 6.4 net acres; 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 ISO feet southerly of Poppy Drive immediately opposite of the intersection of Salem Drive. Fir~t Hearing continued. The Assistant Planning Director reviewed the diagram on the bul1etin board, and the July 7, 1978 staff report. The request was to develop 9 acres with a planned residential, single family detached homes development on individual lots and a 6-acre plot reserved for a Parish site. The proposal is to delay review of the religious site until a later date. The proposal for the 9-acre planned development is consistent with the General Plan. The Assistant Planning Director said a number of the residents of Westridge were concerned about the possibility of through traffic taking short cuts through their development in order to avoid the congestion at Stevens Creek Blvd. and Foothill Blvd. intersection. At the present time, there is no programmed traffic signal at Foothill and Salem. The staff feels the roadway should be completed as shown on the neighbor- hood access long term diagram and that this road will not be utilized by commute traffic. The Heney Creek environment would be retained as open space. The applicant is concerned about the staff's position as to the width of· the street. The staff is recommending City standard 40' width. There is very lit tIe grading involved, as illustrated on the site plan. Colored slides of the property were shown on the screen. MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING Consultant Ed Pack has prepared an acoustical report on this proposal. The staff suggested a condition that BAS Homes be ap- prised of the fact· that the rail traffic could increase substantiall the noise level. There is a slight uphill grade for the railroad tracks at this point. Ch. Blaine asked about the time frame for the road improvements. The Assistant City Engineer said the northwest corner of Stevens Creek Blvd. and Foothill Blvd. improvements have been started and next year the signal will be installed. The road wi 11 be striped for a free right turn, a free left turn, and straight through. He answered Comm. Claudy that all streets except the cul-de-sac would be standard 40' wide. Ch. Blaine was concerned about setbacks in some cases that might intrude on residences already in the area. Comm. Koenitzer is concerned that II out standard, according to the Rl Ordinance. fIat land. of the 30 lots are sub- He noted this is fairly Comm. Claudy wanted an ,explicit condition that the Heney Creek dry line remain open. Mr. Don Burt, 1955 The Alameda, representing MacKay & Somps, said smaller homes will go on smaller lots and larger homes on larger lots. This is a good transition between the homes above and below. It is compatible with the site. It requires very little grading. They are concerned about street widths. They are proposing a 30' wide -- curb-to-curb cul-de-sac and 40' right-of-way with sidewalk On one side. They can work around some trees. Comm. Claudy creek flows. be about 50'. asked the applicant to point out exactly where the Mr. Burke said the total length of the culvert will Ch. Blaine asked for comments from the audience. Mr. John Plaggi, 22754 Majestic Oak Way, Westridge, said he spoke fo a large group of residents in Westridge. He presented a petition signed by them, protesting several points in the proposal. He asked for the rationale on traffic only going through English Oak, through Majestic Oak, to California Oak. The Assistant Planning Director explained the circuitous route that the staff believes will discoura commuters from going through here. A much quicker route is on the major thoroughfares. English Oak will be 3D' wide. It is a half- street, with the P.G. & E. site to the west. There is no need for a parking lane on this street. PC-285 Page 3 PC-285 Page 4 ,MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING ! 'A resident said a lot of Westridge's excess parking takes place on : English Oak Way. I At the present time, SP runs 2 trains daily on the spur line and it i is very nOisy. Mr. Plaggi added that there is a very good possibility ¡ this train traffic will be increased substantially in the future. II They are opposed to opening English Oak Way as a public street. They , are not against this development, but they feel there are better ways ¡ to handle the traffic. He sugges ted the road be extended around the I P.G. & E. property and connect with California way. The Westridge J people are concerned about privacy intrusion, noise, air pollution ! and increased traffic. , , , I ' i Maryalice McGuinness, 22679 Swan Oak, said she is concerned that I her entire 5 units would look upon the back yards of these units. ! Catharine Graham, 10016 Spanish Oak Court, said there wil1 be no direct impact as far as her.home is concerned. She contends the commuters coming home will find it convenient to take the short cut through Westridge to their homes beyond. She was answered that no traffic signal is planned for Foothil1 and Salem. Mr. Claude Giddings, Si~verado Avenue, said he has been driving a school bus for 18 years. He believes the School District should be consulted on this. Frank Gran, 22742 Majestic Oak Way, Cupertino, noted there is a parking problem within the complex. No parking is allowed on the driveway because it is too short. His motorhome is usually parked on Majestic Oak, where it has been involved in a couple of minor accidents with cars driving through here to De Anza Oaks subdivision or pleasure driving through the area. He has lived here 6 months and works in Palo Alto. With bumper-to-bumper traffic, it is very attractive to make right turns through these streets. Mr. Giddings said the police are up in that region 3-4 times a night, checking the P.G. & E. facility. Aleen Plaggy, 22754 Majestic Oak Way, said it is obvious to her that the planning staff is not considering the people living on Majestic Oak nor on English Oak. The exhaust fumes from these cars will come within 50 feet of her bedroom and kitchen windows. She~a~ked, if there won't be traffic here, then why are we opening thes~eet? She said Cupertino is doing this for the developer. She is opposed tO,having the plants removed that now screen P.G. & E. installation from the Westridge development. MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING Moved by -Comm~ Koenitzer, seconded by Comm. Gatto to close the Public Hearing. Motion carried, 4-0 Comm. Gatto commented that this proposal is just too tight. If the Westridge development were to be proposed today it would not be approved. They need all the relief they can get. Increasing the size of the lots and widening the streets should help alleviate the ?roblem. He said he is not happy with the number of 6000 sq. ft. lots proposed. Comm. Koenitzer ' agreed. He acknowledged, however, that it is the job of the City to provide public streets to get traffic off the private streets. Comm. Claudy agreed that this proposal is entirely too intense. Lots I through 15 should be larger. He believes the lack of street iœprovements on Foothill Blvd. cause a lot of the traffic problems now. He commented that the parking of boats and motor homes on public streets is I illegal. . Ch. Blaine is concerned about the lot sizes and the intensiJy of the development. She is convinced that the improvement II of the Stevens Creek Blvd./Foothil1 Blvd. intersection will alleviate the traffic congestion. . Comm. Koenitzer noted the fact of the established homes would homes in this new development. some way of saving the 54" oak. that face And the fronts of some the backs of the he felt there must be The· applicant asked for a decision rather than postponement1 Moved by Comm. Gatto, seconded by Comm. Koenitzer, that the Planning Commission supports the findings of the ERC of a Negative Deélaration for this proposal. Motion carried, 4-0 PC-285 Page 5 Moved by Comm. Gatto, seconded by Comm. Claudy to deny 9-Z-78 denied 9-Z-78 on the basis that even though it is within the General Plan it is not within the policy of the General Plan. AYES: NOES: ABSENT: Comm. Claudy, Gatto, Koenitzer, Ch. Blaine None Comm. Adams Motion carried, 4-0 PC-285 Page 6 12-TM-78 denied 6-U-78 denied , , MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING Moved by Comm.Gatto, seconded by Comm. Koenitzer, to deny application 12-TM-78, subject to the same findings. AYES: NOES: ABSENT : Comm. Claudy, Gatto, Koenitzer, Ch. Blaine None Comm. Adams Motion carried, 4-0 Moved by Comm. Gatto, seconded by Comm. Koenitzer to deny application 6-U-78 subject to the same findings. AYES: NOES: ABSENT : Comm. Claudy, Gatto, Koenitzer, Cha Blaine None Comm. Adams Motion carried, 4-0 Ch. Blaine noted' this would be heard by the City Council August 7th. 2. Application 10-Z-78 of DANIEL J. DUARTE: PREZONING a parcel of approximately 0.43 acre from Santa Clara County R2-8LH (two family residence) to the City of Cupertino Rl-7.5 (single- family residential, 7,500 sq. ft. minimum lot size) zone or whatever Zone may be deemed appropriate by the Planning Commission; and ENVIRONMENTAL REVIEI,: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the east side of Merriman Road approximately 300 feet northerly of Santa Lucia Road. First Hearing. The Assistant Planner stated the applicant was not present. He has submitted his Tentative Map to the County. The Assistant Planner then recapped the July 5, 1978 staff report On this matter. Since there were no comments from the audience,;tt was-moved by Comm. Gatto, seconded by Comm. Claudy to close the Public Hearing. Motion carried, 4-0 Moved by Comm. Gatto, seconded by Comm. Koenitzer, to support the Negative Declaration determination made by the ERC. Motion carried, 4-0 MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING !PC-285 Page 7 Moved by Comm. Gatto, seconded by Comm. Koenitzer, to approve application 10-Z-78. lQ-Z-78 approved AYES: NOES : ABSENT: Comm. Claudy, Gatto, Koenitzer, Ch. Blaine None Comm. Adams Motion carried, 4-0 This goes to the City Council August 7th. 3. Applications ll-Z-78 and 14-TM-78 of JAMES J. GARBER: REZONING approximately 0.32 acre from R3 (Multiple family residential) to RlC (Residential, single-family cluster) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide said property into three air-space condominium lots with rights of exclusive occupancy; and ENVIRONMENTAL REVIEW: The Environmental' Review Committee recommends the granting of a Negative Declaration. Said property is located on the northeast corner of Foothil1 Blvd. and Alpine Drive. First Hearing. The Assistant Planning Director stated this is one of the few remaining undeveloped triplex lots in the Salem area. The staff is recommending denial of this proposal. There is a need for triplexes in this area and the introduction of condominiums here would set a bad precedent. He then reviewe the July 7th staff report. The plans are consistent with the restrictions of. apartment zoning. The applicant, Mr. James J. Garber, apologízed for his lack of preparation for this hearing. He said he was not aware until the previous Friday that the staff was recommending I against this proposal. He would prefer a condominium, but rather than denial, he asked for approval of a triplex. He said that with. to~ay's building costs, it is not economically! , feasible to build apartments and rent them out. He asked I that the Planning Commission act upon his proposal alone, and, , not to consider whether this proposal will have that much I effect on the housing shortage in this area. He said that with his proposal, instead of people coming and renting an 'I apartment at $500 per month, this will allow them to purchase a unit. He sees nothing wrong with the concept of home ! ownership. Condominiums can be owned or rented. I ! Ch. Blaine explained the Condominium Conversion Ordinance . will be discussed once again in August; it is not an Ordinancd of the City as yet. PC-285 Page 8 11-Z-78 approved as R3 14-TM-78 denied MINUTES OF THE JULY 10, 1978 PLANNING CO}~SSION MEETING Mr. Claude Giddings once again announced that he is a school bus driver from Cupertino School District. He said he does not understand why somebody from the School District was not present at this meeting. He said there would be no problem for the children to just walk over the hi II to school. Mr. Garber said he would like the Planning Commission to recommend to the City Council a change in zoning on his property. If the Planning Commission could not recommend that, then he would like the Planning Commission to recommend the conceptual plan for the R3 zone. The Assistant City Attorney advised that the City Council would decide either for or against the Planning Commission recommendation. Moved by Comm. Gatto, seconded by Comm. Koenitzer to close the Public Hearing. Motion carried, 4-0 Comm. Claudy commented that this Planning Commission has to increase the housing opportunities within Cupertino. supports the staff's recommendation for R3 zoning. taken steps He said he Comm. Koenitzer said he wonders whether it makes that much difference if the units are owner-occupied or rentals since this is new con- struction. Economically speaking, condominiums might be developed sooner than a triplex. Comm. Gatto said he would like to stay with the R3 zoning. Ch. Blaine believes it should be kept R3. Moved by Comm. Gatto, seconded by Comm. Claudy, to recommend to the City Council that the proposal be considered as a conceptual plan for R3 zoning without prejudice, and with Conditions I through 17 as stated in the Resolution. AYES: NOES: ABSENT: Comm. Claudy, Gatto, Koenitzer, Ch. Blaine None Comm. Adams Motion carried, 4-0 This goes to the City Council August 7th. Moved by Comm. Gatto, secOnded by Comm. Claudy to deny 14-TM-78 without prejudice on the basis that it is inconsistent with the Conceptual Plan. AYES: NOES: ABSENT : Comm. Claudy, Gatto, Koenitzer, Ch. Blaine None Comm. Adams Motion carried, 4-0 MINUTES OF THE JULY la, 1978 PWh'INING CO~lliŒSSION MEETING Moved by Comm. Gatto, seconded by Comm. Koenitzer, that the Negative Declaration.on this proposal is appropriate. Motion carried, 4-0 Ch. Blaine called a recess at 10:55 PM. The meeting reconvened at 1l:12 PM. Ch. Blaine said she had a request by applicant Marty Hall for postponement of Agenda Item 6 on the basis that the owner of the shop was not present at the meeting. Comm. Claudy was opposed to this; it was initiated by the City and it is in the order of an abatement. Normally he would agree to the request, but due to the unique nature of this matter, he did not think it was appropriate. Comm. Gatto said this use has been there 2-4 years and 2 more weeks should not make that much difference. Moved by Comm. Koenitzer, seconded by Comm. Gatto to continue 30-U-74 to the next regular meeting. AYES: Comm. Gatto, Koenitzer, Ch. Blaine NOES: None ABSTAINED: Comm. Claudy ABSENT: Comm. Adams Motion carried, 3-0-1 Moved by Comm. Claudy, seconded by Comm. Gatto, to continue agenda items 9 through 14 to July 24, 1978. Amendment by Comm. Claudy, seconded by Comm. Gatto to grant I month's continuance for agenda item 14 since the applicant wil1 be out of town on July 24th. Amendment carried, 4-0 Motion carried, 4-0 It was determined agenda item 15, under Unfinished Business, would be heard at this meeting. i I ! ¡ ! PC-285 : age 9 egative Declarat: OK. 30-U-74 continued I to next meeting . ---... MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING 4. Applications 13-Z-78 and 20-TM-78 of HOWARD RUTH, JR. AND ALAN SIMPKINS: REZONING approximately 2.3 acres from P (Planned Development) to RlC (Residential, single-family cluster) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide said property into 20 single-family cluster lots and one lot to be held in common ownership; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends th granting of a Negative Declaration. Said property is located on the southwest corner of Pacifica Drive and Whitney Way. First Hearing. The Assistant Planner reviewed the July 5, 1978, staff report ¡ on this matter. The staff is concerned about the 5' fence. I The staff recommends the fence be a minimum 20' back from the i curb and that it have jogs in it to relieve the waIled-in lOOk! The staff recommends against parking spaces at the terminus of I each drive. The staff proposes wing walls on windows facing II existing single-family homes. This development does not provide a large common area. The large green area across the street acts as a park at the present time. Comm. Gatto noted I the plans call for no windows facing south from the second I' floor. The applicant, Mr. Howard Ruth, Jr.. 2205 Vineyard Court, Los I Altos, feels the 2 parking spaces at the rear is an unreasonab~e requirement. It will look like a tunnel of concrete and it will be necessary to back all the way out. Instead of the wing waIls, he would like to plant specimen trees to create privacy. He submitted a rendering of the proposed units. Mr. CI~ude Giddings, Silverado, asked what kind of fence there! will be between the northern and southern part of that propert~. Mr. Tom Starr, the developer/contractor, stated for the record I that all fences are identical and wil1 be exactly like the : rendering. The over-size garages wil1 be 23' 6" and there : will be 4 parking sPaces on site for each unit. The rear yards are 21' to 31'. ! For the record, Mr. & Mrs. Giddings endorsed this development. O'Patty Brisco, Monta Vista resident, said we don't have enough parking for the residents, much less when they have company. She would like to see higher density here; this should not be single-family. Ch. Blaine explained the General' Plan calls for up to 7.7 units per acre here. Mr. Alan Simpkins said he has owned this property with Mr. Ruth for many years. They have listened to the neighbors and have, ; come up with something that would be compatible with the area. , , Parking at the end would require backing out of the long driveway and could be dangerous. PC-285 Page 10 MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING PC-285 Page 11 Mr. Norman Tucker, 20955 Silverado, was assured the density here 'is 7 units per acre. He wondered if the parking in the rear is required, if they would not be faced with boats and trailers being parked there. He was against this parking in the rear. He was assured the-planting will be required if this is approved. Mr. Steve Friedrick, 20479 Silverado, said he lives in San Jose and is employed in Century 21 Office across the street. He believes the applicant has complied with everything required of them. Mr. Ruth said he was in the process of going with Mr. Starr around to see all the people, but he fell and chipped a rib and was unable to continue. He stressed, that he wants privacy for each unit as much as the residents on Silverado. Mr. Starr said there will be no windows in the rear, no pool, no recreation area to create noise. There wil1 be a minimum common area and maximum private area. These homes will be 1,682 sq. ft, with 3 bedrooms and 2-1/2 baths. Mr. Giddings said it would be nice if the developers threw the scrap lumber over the fence, for use by the residents on Silverado. Mr. John Mann, 20425 Silverado, was concerned about the parking. Pacifica is a busy street. There is a large play field across the street from this property. Moved by Comm. Koenitzer, seconded by Comm. Claudy to close the public hearing. Motion carried, 4-0 Comm. Gatto said he believes they have done a good job of solving inherent problems here. He would like to see two more parking spaces for each unit and to let the developer and the ASAC work out the details. Comm. Koenitzer said 2 more parking spaces for 4 units wi 11 give the owners a chance to park vehicles they can't fit into the garages. ",. Comm. Claudy and Ch. Blaine also endorsed the project. I Moved by Comm. Gatto, seconded by Comm. Koenitzer, to recom- I 13-Z-78 approved mend approval of 13-Z-78, su1>ject to the 14 standard conditioni;, conditions 15 & 16, condition 17 with deletion of the first I sentence pertaining to wing walls, condition 18 modified, I and conditions 19 through 22 as in the staff report. I I I I ! . ?C- 285 ?age 12 I I ! [MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING ! I ì !AYES: Comm. Claudy, Gatto, Koenitzer, Ch. Blaine NOES: None ABSENT: Comm. Adams Motion carried, 4-0 Moved by Comm. Gatto, seconded by Comm. Claudy to recommend a Negative Declaration on this proposal. Motion carried, 4-0 20-IM-78 approved Moved by Comm. Gatto, seconded by Comm. Claudy, to recommend to the City Council approval of 20-TM-78 with conditions 1 through 16. AYES: Comm. 'Claudy, Gatto, Koenitzer, Ch. Blaine NOES: None ABSENT: Comm. Adams Motion carried, 4-0 The Planning Commission finds: a) That the proposed map is consistent with the general and specific plans . b) That the design or improvement of the proposed subdivision is consistent with the general and specific plans. c) That the site is physically suitable for the type of development. d) That the site is physically suitable for the proposed density of development. e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially & avoidably injure fish or wildlife or their habitat. f) That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision'- This goes to the City Council Au~ust 7, 1978. 5. Application 14-Z-78 of GEORGE CODY (BY&'IE AVENUE ASSOCIATES) : PREZONING approximately 1.56 acres from Santa Clara County R-3h (Residential, single-family, 8,000 sq. ft. minimum lot size) zone and City of Cupertino pre Rl-7.5 (Residential, single-family, 7,500 sq. ft. minimum lot size zone to City of Cupertino pre-RIC (Residential, single-family cluster) zone or whatever zone may be deemed appropriate by the Planning Commission to permit the construction of eight single-family cluster homes; and ENVIRONMENTAL REVIEW: The Environmental Review Committee'recommends the granting of a Negative Declaration. Said property is located on the southeast and southwest corners of Byrne Avenue and Stevens Creek Blvd. First Hearing. MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING The Assistant Planning Director reviewed the July 7th staff report and identified the property on a map on the board. He said this proposal,more than complies with the City's wishes. The staff feels Byrne should not be closed until Orange/Granada is widened or Stevens Creek Blvd. is widened. The character of the residential neighborhood should be maintained. Comm. Koenitzer said the street really needs some reconstruc- tion. To do it right, would mean closing Old Stevens Creek Road at that point. Architect George Cody" 212 High Street, Palo Alto, said this project takes into account 3 things: I) Existing land form. 2) Early ranch buildings. 3) Existing neighborhood. He said their building materials and design wi 11 compliment the existing buildings. He is in favor of narrow streets. He is opposed to 50' wide streets. He proposes 30' rather than 40' right-of-way on Old Stevens Creek Road. He would like to have the tentative map resolved at this meeting. The buildings would be set back 10', and there would be a 10"rear yard. Sidewalks are monolythic. Ch. Blaine asked for comments from the audience. Mr. Wes Williams, President of Monta Vista Homeowners Association, said he is very enthusiastic about this project. , He would like to see Mr. Cody gain the 100' depth and take it I off the street width. For safety reasons, he said Old Steven~ Creek Road needs to be shut off. He is in favor of rolled I curb and gutter in concrete and no sidewalk. Comm. Koenitzer supports sidewalks. O'Patty Brisco said the reason there are problems here is bad I planning in the beginning. A bike lane is needed up the hill from the Blue Pheasant Restaurant. Byrne Avenue is wide I enough. There are 24 cars parked on the curb every night ' between here and McClellan. Closing Byrne will not solve anything. Mr. Wil1iams said the 5' compromise is excellent. Moved by Comm. Koenitzer, seconded by Comm. Gatto, to close the public hearing. Motion carried, 4-0 PC-285 Page 13 ~ PC-285 Page 14 'MINUTES OF THE JULY 10, 1978 PL&'lNING COMMISSION MEETING icomm. Koenitzer said curbs and gutters are needed. Students walk, ¡ride bikes and drive cars to the schools nearby. He is concerned about the proposed narrow rea~ yard setbacks.....these are 2-story st~uctures. He asked about sound mitigation meaSures from Stevens Creek Blvd. The Assistant Planning Director said an acoustical study was not required on this property. Acoustical materials :rather than walls would be the answer here. ¡Comm. Gatto said the basic approach to this development is excellent. He would be in favor of the curb, gutter and 5' sidewalk. The ,units facing Old Stevens Creek Road should be 20' from sidewalk I ,to garage. This reflects the character of Monta Vista. The staff 'should e~plore some way of moving Old Stevens Creek Road and Byrne ¡by widening or filling or closing it off if it can't be improved. I ¡He said the staff should also look at property to the East and the future widening of Stevens Creek Blvd. and plant some trees between the two roads. This would give us another physical plane between Stevens Creek Blvd. and these homes. Comm. Claudy thinks this is a very good plan. He is in favor of ¡sidewalks for safety. He' is concerned that perhaps roll-up garage ¡doors should be required. He would like very much to see some improvement of this intersection. ¡Ch. Blaine said she is an advocate of sidewalks for safety of the ,¡'SChOOl children. Something must be done about the safety of that intersection. She is concerned about the rear yard setbacks and ¡Urged the requirement of 20'. :Moved by Comm. Gatto, seconded by Comm. Koenitzer to recommend to the City Council support of the ERC Negative Declaration. Motion carried, 4-0 ~oved by Comm. Koenitzer, seconded by Comm.Gatto to recommend to ¡the City Council approval of 14-Z-78 with the 14 standard conditions 'and conditions IS through 18 in the staff memo with the last sentence in condition 16 modified. Amendment by Comm. Koenitzer, seconded by Ch. Blaine to add a condition that the rear yard setback be a minimum of 20'. AYES: Comm. Koenitzer, Cþ_ Blaine OES: Comm. Claudy, Gatto ABSENT: Comm. Adams Amendment failed with tied vote YES: Comm. Claudy, Gatto, ¡ OES: None ,ABSENT: Comm. Adams i I I i I Koenitzer, Ch. Blaine Motion car~ied, 4-0 ·,:"_~ MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING This goes to City Council August 7th. , PC-285 . rPage 15 ! I i I I postpone I and that: postponed! 6. Application 30-U-74 - CONTINUED TO JULY 24eh. Moved by Comm. Koenitzer, seconded by Comm. Claudy to items 7 and 8 to July 24, 1978 (due to the late hour) these items will take precedence over the other ieems earlier in the evening. Motion died, 2-2 7. Application 7-U-78 of SHELL OIL COMPANY: USE PERMIT CO remove an existing service station and replace same with a gasoline dispensing station; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaraeion. The subject property consists of approximately 0.50 acre located at the northeast corner of Stevens Creek Blvd. and Seelling Road. First Hearing. The Assistant Planner reviewed the exhibie on the bulletin board and the staff report of July 6, 1978. There were some very minor changes recommended that can be made at ehe ASAC leveL Comm. Koenitzer felt ehe site layout needed some revision. Mr. Michael Mikey, 100 North eraffic is his only concern. with the staff. Winchester, said the flow of He feels he can work this out Ch. Blaine asked for comments from ehe audience. Mr. Paul Weiss, Stevens Creek Blvd., said he owns the ~djacent property. He would like to know the distance of the driveway off Stelling Road in relation to the existing driveway access. The Assistant Planner said it will be exactly where (he present one is but somewhat smaller. Moved by Comm. Gatto, seconded by Comm. Koenitzer to close the public hearing. Motion carried, 4-0 '- PC-285 Page 16 7-U-78 approved ~.-.::~ ., i MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Koenitzer, to direct the Planning Director to grant a Negative Declaration on this proposal. Motion carried, 4-0 Moved by Comm, Claudy, seconded by Comm. Gatto to approve 7-U-78 Subject to the 14 standard conditions and conditions 15 through 19 in the staff report. AYES: NOES: ABSENT : Comm. Claudy, Gatto, Koenitzer, Ch. Blaine None Comm. Adams Motion carried, 4-0 The Assistant City Attorney advised that, since Comm. Claudy had stated earlier that he coùld not give a fair hearing to Item 8 due to the late hour, that he should abstain from this hearing. Comm. Claudy abstained and left this meeting at 12:25 AM. 8. Applications 9-U-75 (Revised) and 16-TM-78 of THE O.K. EARL CORPORATION/JOHN GRAï (~OME FEDERAL SAVINGS AND LOAN ASSOC.): USE PERMIT to construct two òffice buildings equaling a total of approximately 33,000 sq. ft.; TENTATIVE MAP to subdivide approximately 3.57 acres into three parcels consisting of 1.22, 1.07 and 1.25 acres; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the southeast corner of Stevens Creek Blvd. and Miller Avenue in a P (Planned Development with commercial and professional òffice intent) zone. First Hearing. The Assistant Planner said the staff's concerns relate to the landscaping along the property line from the residential adjacent to the south. Another concern is circulation and access to Parcel #3. The driveway may have tfbe re~9cated somewhat. The Assistant Planner reviewed the land distribution table for parcels I, 2 and 3 and elevations of the structures' compatibility with each 0 ther . MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING Mr. Victor Stark stated he was repr~sentipg Home Federal Savings. He listed his address ks 4715 Cobb Drive, San Diego, CA 92117. He'said there will be 3500 sq. ft. of landscaping north of the end of the cul-de-sac. He would prefer this landscaping plan rather than a fIat IS' width because át the westerly portion it does not face the residential. Also, they see no real benefit of reciprocal driveway. Mr. Mel Kapson, of Mercury Savings and Loan, 712 Edinger, Huntington Beach, CA, said they would leave 5 not 3 parking spaces with the staff's recommendation. They prefer on- site parking. Employees will be parking in the rear. Comm. Gatto's concern is access from Stevens Creek Blvd. Left turn in is OK but left turn out would be a disaster. Mr. Kapson building. faced with said Mercury Savings and Loan likes its present They are purchasing Parcel 3. They could be no access in the future. The Assistant City Engineer wanted to add a condition: A!l costs of the modification shall be borne by the developer. Moved by Comm. Gatto, seconded by Comm. Koenitzer, to close the public hearing. Motion carried, 3-0 Comm. Koenitzer would like to keep the old driveway. Moved by Comm. Gatto, seconded by Comm. Koenitzer to support the findings of the ERC as to the Negative Declaration. Motion carried, 3-0 Ch. Blaine said she is concerned about the "southern mansion" architecture on the Home Savings and Loan building -- she ! has heard a lot of negative remarks about it. The exhibit shall allow the first two parking stalls to be landscaped. r 1 j PC-285 Page 17 , . PC-285 Page 18 9-U-75 (Revised) approved 16-TM-78 approved MINUTES OF THE JULY 10, 1978 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Koenitzer, to recommend approval of application 9-U-75 (Revised) subject to the 14 standard conditions, condition IS revised by the Director of Public Works, and conditions 16 through 20 in the staff report and condition 21 shall refer to Parcel 3 instead of 2. Condition 22 shall be added, stating that costs for reworking of Stevens Creek Blvd. shall be borne by the developer. AYES: Comm. Gatto, Koenitzer, Ch. Blaine NOES: None ABSENT: Comm. Adams, Claudy Motion carried, 3-0 Moved by Comm. Gatto, seconded by Comm. Koenitzer to approve 16-TM-78, subject to the 14 standard conditions and conditions IS through 17 as listed in the staff report and subject to findings and subconclusions in the staff report. AYES: Comm. Ga.tto, Koenitzer, Ch. Blaine NOES: None ABSENT: Comm. Adams, Claudy Motion carr ied , 3-0 Agenda items 9 through 14 continued. UNFINISHED BUSINESS 12:S5 AM IS. REFERRED BY CITY COUNCIL - Application 9-U-78 of DR. JOSEPH F. BROWN: USE PERMIT to al10w construction of an industrial building containing approximately 36,500 sq. ft. and ENVIRONlŒNTAL REVIEW: No action required. The project was assessed previously in conjunction with an earlier application submittal. Said property is located at the northerly terminus of Bandley Drive. It was noted the City Council approved application 9-U-78 for Dr. Brown and has subsequently asked the Planning Commission to develop some conditions for this development. Comm. Koenitzer asked why the wording of Condition 16 is different than in some other applications. The Assistant Planning Director said the intent is the Same. MINUTES OF THE JULY 10, 1978 PLANNING CO!-!MISSION t<.£E·T=:~G ~- Dr. Joe Brown, the applicant, 20985 Pepper Tree Lane, Cupertino, said in regard to Condition 19, he plans to continue the same wall the Devcon people to the south have used. He would just like to abide by the suggestions of the consultant. As presently designed, there is a 40' driveway between them and Devcon. He would like to cut down on the amount or concrete. The Assistant Pianning Director said ASAC can work out some type of program. Dr. Brown said he would like to increase the center section of the building without modifying the exterior. There were no comments from "the Planning Commissioners. There were no comments from the audience. Moved by Comm. Gatto, seconded by Comm. Koenitzer to adopt the. proposed Resolution to the City Council recommending these ~ondi t ions. AYES: NOES: ABSENT : Corom. Gatto, Koenitzer, Ch. Blaine None Comm. Adams, Claudy Motion carried, 3-0 This goes to the City Council at their next meeting. NEW BUSINESS: None. REPORT OF PLANNING COHMISSION: None. REPORT OF PLANNING DIRECTOR: None. ADJOURNMENT Ch. Blaine adjourned this meeting at 1:05 AM. APPROVED: _4~~~~ Chairwoman ATTEST: City ¿f£. PC-285 Page 19 a