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PC 12-12-77 CITY OF CUPE,r¡TDO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone I 252-4505 PC-269 Page 1 MINUTES OF THE REGULA..'1 MEEI'ING OF THE PLANNING COMMISSION HELD ON DECEMBER 12, 1977 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO I CALIFORNIA SALUTE TO THE FLAG The meeting was called to order at 71)OPM by Chairman Koenitzer with the Pledge of Allegiance, ROLL CALL Comm. present! Comm absent. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None Staff present! Assistant Planning Director, Cowan Assistant City Attorney, Kilian Assistant City ~ineer, Whitten Assistant Planner, Piasecki APPROVAL OF MINUTES. Minutes of regular meeting of November 14, 1977, Page ), fourth paragraph from the bottom, delete the last line and replace with! "to more than 7,7 density was unexceptable," Page 5, third paragraph from the bottom, last line, delete the word "organization" and replace with the ,word "development". Page 6, second paragraph from the bottom, line five, delete the sentence "It will not purchase it in order to do so" and add the following sentence at the end of that paragraph "The City Council has : stated that the City will not purchase the Baer House". Page 10, paragraph four, add the following sentenoe to the er.d. of the, paragraph "He was also concerned about the possibility of dust and other objectionable results from hard. pack rather than grass". Moved by Commissioner Blaine, seconded by Commissioner Gatto to a~ove the minutes of November 14, 1977 as corrected. Motion carried 4-0-1 Chairman Koenitzer abstained. POSTPONEMENTS. None PC-269 Page 2 MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING WRITTEN COMMUNICATIONS I A letter from Mr. John Sobrato regardi~ Agenda Item 7. ORAL COMMUNICATIONS! None CONTINUED PUBLIC HEARINGSI I. APPLICATIONS 18-Z-77, 21-TM-77, and 24-U-77 of BRENDA WILLIAMS I REZONING one acre from RJ (Residential, multiple) and Rl-IO (Residen- tial, single-family, 10,000 sq. ft. per dwelling unit) to P (Planned Development with residential cluster intent) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to sub- divide one acre into 12 single-family cluster lots and one lot to be held in common ownership; USE PERMIT to allow construction of 12 single-family cluster homes. Said property is located adjacent to and easterly of Blaney Ave, approximately 175 ft. southerlv of thp. tnter- seotion of Stevens Creek Blvd. and Blaney Ave. First Hearing continued. The Assistant Planner stated'that the City has placed no histo~ic value on the older house on this property as requested by Mr. Stocklmeir, Plans are for removal of this house, Most of the trees, however, will be preserved, The staff would like to add a condition to increase the size of the rear yards. The privacy and noise issues were addressed by the staff (see December 9, 1977 sta~- memo) . Mr. Ron Percy, 19J6 Camden Avenue, San Jose, said he would be amenable to increasing the rear yard and decreasing the front yard. It was noted the laundry facilities will be upstairs. Since there were no additional comments from the audience, it was moved by Commissioner Gatto, seconded by Commissioner Adams to close the public hearing. Motion carried 5-0 Commissioner Adams noted that in his opinion this is one of the best treatments he has seen for a transitional area between residential and commercial. Moved by Commissioner Gatto. seconded by Commissioner Blaine to recommend to the City Council approval of 18-Z-77 subject to the 14 Standard Conditions and Conditions 15-20 as enumerated in the staff report. 18-Z-77 approved AYES! Commissioner Adams, Blaine, Gatto, Markkula, Chairman Koenitzer NOES I None Motion carried 5-0 Moved by Commissioner Gatto, seconded by Commissioner Blaine to approve Application 24-U-77 subjp.ct to the Conditions in the staff report and cased on the following findings I MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING I, That the use or uses are in conformance with the general plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, 2. That the property involved is adequate in size and shape to accommodate the proposed use. 3. That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. 4. That the proposed use is otherwise 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. AYES: Adams, Blaine, Gatto, Markkula, Cha1rma.n Koenitzer NOES: None Motion carried 5-0 Moved by Commissioner Gatto, seconded by Commissioner Blaine to approve Application 2l-TM-77 subject to the 1-15 Conditions listed in the staff report and the following findings: 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 develop- ment. 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 sub- stantially and 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 imurovements will not conflict with easements, acquired by the public at large, for aCcess through or use of, property within the proposed subdivision. AYES: NOES: Commissioners. Adams,Blaine, Gatto, Markkula, Chairman Koenitzer None Motion carried 5-0 PC-269 Page :3 24-U-77 approved 2l-TM-77 approved PC-269 Page 4 MINlTrES OF DECEMBER 12, 1977 PLANNING COMMISSION MEErING This will go to the City Council January 3, 1978. MINUTE ORDER! Moved by Commissioner Blaine, seconded by Commissioner Markkula to request the H-Control Committee to look into the issue of increasing the rear yard setbaok in this development. Motion carried 5-0 2. Applications 21-Z-77 and 25-TM-77 of A~ÁDEN VALLEY ENGINEERS (PETER GWOZDZ); REZONING approximately 20 acres from Al-43 (Agricultural- Residential, single-family, I-acre lots) to R-l (Residential, singlè- family zone consistent with the general plan slope-density formula) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide approximately 20 acres into five single- family residential lots. Said property is located in the lower Regnaxt Canyon southerly of the existing Candy Rock subdivision. First Hearing continued. Commissioner Markkula abstained from this public hearing. The Assistant Planning Director noted this item was continued previously because of the County's statement of inadequate drainfield. This property involves about 20 acres adjoining the Candy Rock subdivision. It is in the most restrictive slope-density formula in the City thus far. The proposal tonite is within the standards set for this property. Two prominent character- istics on this p~operty are the knoll and the ravine. The Assistant Planning Director then reviewed a series of contour maps indicating the proposed road system. The driveways will lead from Regnart Road. These lots will all be sewered. He then reviewed the details in the staff memo of December 8, 1977 and November 10, 1977 regarding this property. Chairman Koenitzer asked from comments from the audience. ~x, Peter Gwozdz, Cupertino, wanted to discuss Holly Hill and the canyon to the left of it. He said this is an excellent example of pro~erty owner and City government working together, Mr. Alan Huntzinger, 4606 Meridian Avenue, San Jose, reviewed the exhibits he had prepared on this development. He said the main reason for the large field is to create a yard slightly higher so any runoff will not flood the houses. The stream flows along the roadway. Commissioner Gatto asked how they plan to proceed with the develo~ment. The engineer answered all the grading will be done at once. Especialiy since the developer is interested in developing the lots other than his own. He said they are not proposing level building pads. The level :u'eas are turn around areas. There can be some very attractive house designs that blend in with th~ hillside, The geologist has approved the éut and fill slopes indicated on th~ maps on the board. The Fire Department has stated they want a 42 ft. radius on the roads, MINUTES OF DECEMEER 12, 1977 PLANNING COMMISSION MEETING pc-269 Page 5 Mrs. Jo Ann Gholson, 22125 Regnart Road, said she wanted to ensure that the Health Department restrictions are placed on this property. She strongly recommended all applications for property in this area be held in abeyance until completion of the ordinance. She does not believe our housing shortage lies in the $250,000 bracket, Moved by Commissioner Blaine, seconded by Commissioner Adams to close the public hearing. Motion carried 4-0 The Assistant City Engineer said the City was most likely to require some bonding for erosion control and he would like to add Condition 17 in this regard. Chairman Koenitzer said the purpose of the slope-density formula is to help preserve the hillsides. This property actually qualifies for five homesites. It was his opinion that this proposal is what the citizens of Cupertino are trying to prevent in our hillsides. The road standard would decrease from ;0 ft, to 14 ft. 'width. Commissioner Gatto said the applicant has indicated much time and thought has been put into this proposal. It appears to utilize the pre- sent road and parallel Regnart Canyon, After further discussion is was moved by Commissioner Adams, seconded by Commissioner Gatto to reopen the public hearing. Motion carried 4-0-1 There was discussion of placement of the homes on the lots. Architect Huntzinger said said they had considered the possibility of constructing two houses along the subdivision. Mr. John Williams, of Almaden Engineers, said-the,~e~~on the houses are cluste~ed is because there a~e only blildable 10~s in that area. The roadwav ~ln1'es intn the M!"k, ·herefore they won't be seen from the vR.llev. ~ Mr~. Gholson said this is a good example why the slope-density fo~ula does not work in Regnart Canyon. She feeJs that it is insane to put so many houses here. She believes we should wait for the re~ults of the Environmental Impact Report, Moved by Commissioner Gatto, seconded by Commissioner Blaine to close the public hearing. Motion carried 4-0-1 Moved by Commissioner Gatto, seoonded by Commissioner Blaine to recomm- end denial of Application 2l-Z-77. Comnissioner Gatto said the property has a lot of characteristics to which the applicant is very sensitive. The unexceptability to him relates to Lots ; and 4, Commissioner Gatto wondered if the amount of cut and fill could be reduced. Commissioner Blaine suggested perhaps there could be four lots here and less cut and fill. Chairman Koenitzer PC-269 Page 6 21-Z-77 denied 14-U-7? approved MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING said the slope-density formula was to set maximums. The maximum is not acceptable here because of the topography. AYES. Commissioners Adams, Blaine, Gatto, Chairman Koenitzer NOES. None ABSTAIN I Commissioner Markkula Motion carried 4-0-1 The applicant was given his right to apPeal to the City Council in writing within five working days. He was told this would be heard by the Council January J, 1978, Chairman Koenitzer called a recess at 914QPM, the meeting was reconvened at 9150PM. PUBLIC HEARINGS I J. Application l4-U-77 of STEVE L. STOCK'iELL/LYNN HEI'HCOCK (SPINNIN' WHEELS SKATE PARK). requesting deletion of Condition 28 and modifica- tion of Condition 23 of Use Permit regarding the construction of a skateboard park. Said property is located adjacent to and westerly of Stelling Rd. approximately 170 ft, southerly of Homestead Rd. The Assistant Planning Director reviewed the details of the December 8, 1977 staff repOrt, He said the Conditions of Approval are for offsite work which was unfortunately placed upon this application. The staff recommended deletion of the phrase regarding the existing church parking facility. Chairman Koenitzer asked Counsel if it is legal to require offsite improvements when reciprocal parking is a requirement. The Assistant City Attorney said it is legal to require reasonable condition which could include this situation. Lynn Hethoock, 1027 17th Avenue, Redwood City, representing the applicant said the churoh does not want them to improve their property because it would take away some of their parking spaces, ~ -" Sinoe there were no further comments from the audience, it was moved by Commissioner Gatto, seconded by Commissioner Adams to close the public hearing. Motion carried 5-0 Moved by Commissioner Gatto, seoonded by Commissioner Blaine to recommend approval of the staff recommendation, of modification of Condition 23 and deletion of Condition 28 of Application 14-U-77. AYES I NOES. Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None Motion carried 5-0 MINUTES OF DECEMBER 12, 1977 PwujNING COMMISSION MEETING PC-269 Page ¡ 4. Application }-E-77 of KENNEI'H J. AND CLAUDIA E. BLACKMON. EXCEPTION to Fence Ordinance to allow the construction of a 7-foot stucco screen wall (fence) within a required front yard setback. Said property is located at 22074 Baxley Ct. First Hearing. The Assistant Planner said the existing lot was permitted a variance from the required setback. The proposal is not detrimental to the public health, safety and welfare. But the final deoision is made at the Planning Commission, level. Mr. Kenneth Blackmon, 22074 Baxley Court, said the fence was on the original drawing submitted to the Building Department. The revised plan was including the wall location and height. Mr. Ben Baxley, property owner next door, has a summer house on the lot line. The reason to turn the house on the lot was to save mature trees on the property. The extension of the wall carries out the 45 degree angle of the house on the lot. Mr. Baxley wants privacy for that portion of his property. The Assistant City Engineer stated, encroachment into the public utili- ties easement requires agreement from all public utilities. Architeot, Michael Ohron, Habitect Architecture and Planning, }OOO Scott Boulevard, Santa Clara, said he is willing to seek the approval of all public utilities. It was established that the 7 foot fence was on the original plan approved by the City Council. Moved by Commissioner Markkula, seconded by Commissioner Blaine to close the public hearing. Motion carried 5-0 Commissioner Gatto offered a compromise I continue the deck to the encroaohment line, Commissioner Markkula believes the plans should not be disputed at this ti~e. He believes the proposal is consistent with int..nt of the Ordinance. The fact that it was overlooked should be considered here, Moved by Commissioner Markkula, seconded by Commissioner Adams to recommend to the City Council approval of }-E-77 with the Conditions as stated in the staff report I deleting Condition 2, and adding, "upon the applicants suocessful acquisition of approval from all public utilities within 6 months". AYES. Commissioners Adams, Blaine, Gatto, Markkula NOES: Chairman Koenitzer }-E-77 approved Motion carried 4-1 PC-269 Pas;e 8 MI;YUTES OF DECEMBER 12, 1977 PLANNING CmlMISSION MEETING 5. A~lications 29-TM-77 and 5-V-77 of GRIFFIN & MURREN CONSTRUCTION: TENTATIVE MAP to adjust property line between two lots of record; VARIANCE request to reduce the required front building setback from 20 ft. to a minimum of 6 ft. Said property is located adjacent to and easterly of Cresoent Road opposite the intersection of Crescent Road and Hillcrest Road. First Hearing. The Assistant Planner reviewed the Deoember 9, 1977 staff report. He said the staff feels this proposal has extraordinary circumstances. JII.rs. J. Tabenhouser, had. called on this date to say she was ill and unable to a.ttend the meeting. She said she was required to conform to the ordinance and believes this applicant should be also. She feels the 1) ft, setback could be dangerous, Discussion followed as to the appropriate size of a house for this lot. Mr, Dennis Griffin, building the area. neath. owner of the property, said they are concerned about over They want to build a very small house with a garage under- Chairman Koenitzer asked for comments from the audience. Mr. Vergil Turner, IOI)l Hillcrest Road, said he lives opposite this lot. He would not be in favor of any discrepanoies for building on this lot, He believes the plan is not in keeping with the other homes in the area. Mr. Kirk Gaubatz, 10033 Hillcrest Road, said he was representing his parents at this meeting. Their main concern is safety. The banking of Hillcrest Road and Cresoent Road is a dangerous situation and many accidents have oocurred here. A small lot is more suited to a small house. Since there were no further comments from the audience, it was moved by Commissioner Adams, seconded by Commissioner Blaine to close the public hear- ing. Motion carried 5-0 Commissioner Adams wa.s in favor of the tentative map but would be willing to continue the varianoe request to allow the applicant time to restudy his development plans. Moved by Commissioner Adams, seconded by Commissioner Blaine to remove Application 5-V-77 from the calendar with the option that it may be reinstated at any time, AYES I NOES: Commissioners Adams, Blaine, Gatto, Markkula, Cha.1~n Koenitzer None Motion carried ;-0 Moved by Commissioner Adams, eeconded by Commiseio~er Blaine to appro',ð Ap:pl~~~tin'l ?O-TM-77 subject to Condition 1.-16 1'1 thðsh:-:' rernrt and Conditi 15 as presented by the staff, as well as Condition 17: The City Cour.cil approval of policy modifying lot lines of subst~ndard lots. MnlurES OF DEC~.BER 12 I 1Cm PLANN!NG COMMISSION MEETING PC-269 P"ge 9 AYES I NOES, Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None 29-T:>!-77 a!yproved Motion carried 5-0 The Planning Commission makes the following findings' 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 develop- ment. 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 sub- stantially and avoidably injure fish or wildlife or their hab- itat. 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 I for access through or use of, property within the proposed subdivision. 6. Application 31-U-77 and 27-TM-77 of DR. JOSEPH F. BnOwN, USE PERMIT to allow construction of an industrial building contain- ing approximately 36,500 sq. ft.; TENTATIVE MAP to divide approximately six acres into two parcels, Said property is located at the northerly te~inus of Bandley Drive. First Hearing . The Assistant Planning Director reviewed the De Anza. Boulevard planning area stating the staff is reoommending approval of the tentative map request. He next reviewed the existing land uses in the area. Dr. Joe Brown, 20985 Peppertree Lane, stated this piece of ground has been discussed philosophically for a long time. He said he has had more than his share of philosophizing and now he wants some action. Mr. Ikuo UOnaka, owner of Cupertino Nursery, adjacent to Dr. Brown's property, stated he has been in business for, over 30 years. He wants to stay in business at this location. He agrees with Dr. Brown that this proposal would be the best use of this property, PC-269 Page 10 MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING Mr. Tom Masters, 435 Lakeside Drive, Sunnyvale, said he is in favor of industrial use of this property. Moved by Commissioner Gatto, seconded by Commissioner Blaine to close the public hearing, Motion carried 5-0 After further discussion, it was moved by Commissioner Gatto, seconded by Commissioner Blaine to reoommend to the City Council approval of Application 27-TM-77 subject to 1-14 Standard Conditions, and Conditions 15 and 16 in the staff report, The Planning Commission makes the following findingsl a) That the proposed map is consistent with the general and speoific plans. b) That the design or improvement of the proposed subdivision is consistent with the general and specific plans. 0) 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 dama~e or sub- stantially and 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 I aoquired by the public at large, for aocess through or use of, property within the proposed subdivision. 27-TM-77 ap=oved AYES I , NOES I Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None Motion carried 5-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to approve Application 31-U-77 subject to the 1-14 Standard Conditions, Conditions 15-22 in the staff report and the following findings I 1. That the use or uses are in conformance with the ~eneral plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. MINUTES OF DECEMBER 12, 19?? PLMfNINC COMMISSION MEETING PC-269 Page 11 2. That the property involved is adequate in size and sl".ape to accommodate the pro~osed use. 3. That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. 4. That the proposed use is otherwise 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. Commissioner Blaine would like to add that the Planning Commission is aware of the shortage of housing in this area. And she would prefer to deny industrial use of this land at this time. Commissioner Markkula said he would have preferred to hold off a decision on this application, AYES I NOES I Commissioners Adams, Gatto Markkula Commissioner Blaine, Chairman Koenitzer 3l-U-77 approved Motion carried 3-2 At 12105PM, Chairman Koenitzer turned the meeting over to Vice-Chairman Blaine. 7. Applioation 3J-U-77 of JENN CHIUI USE PERMIT to allow construc- tion of a restaurant containing approximately 7,200 sq. ft, and adjacent commercial building containing approximately 7,000 sq, ft. Said property is located westerly of and adjacent to De Anza Blvd. approximately 150 ft. north of the intersection of Valley Green Drive and De Anza Blvd. First Hearing, The Assistant Planner reviewed the request for development of 2.3 acres on De Anza Boulevard. Mr. John Sobrato's concerns in his letter were brought up at this public hearing. The staff recommended landscaping be placed along De Anza. Boulevard until the City Council decides on the housing/jobs balance issue. Commissioner Adams was concerned about future construction on the vacant lot at the curb of Valley Green Drive, and urged compatibility of development . _ Mr. Frank Wei, 14720 Industrial Circle, La Mira.da, said he wanted to review the staffà recommendations of this application. Number one, there will not be a bridge at the entrance. Item 16, the staff recommendation will cost the owner $80.00 per month, and they are only in lack of .2 trip ends. Item 17, they would like a 7,200 sq. ft. restaurant and 6,900 sq. ft, general commercial. However, they are willing to reduce this to 6,200 sq, ft. Item 18, they are willing set the building back 10 ft. Item 19, the applicant would like to eliminate alleyways. Item 2l, thev will provide a walkway from the parking lot to the restaurant. The staff was willing to delete all but the last sentence in Condition 21. Mr. Frank Wei, architeot, said he would like to change the wing of the roof somewhat I as well as the front canopy. Commissioner Gatto asked if both lunch and dinner would be served at the restaurant. He was told that this is true. The building will be oriented away from De Ânza Boulevard. For the commercial portion they are thinking in terms of real estate brokers, flower shop, etc. pC-269 Page 12 MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING Mr, Dick Pacheco, representing Mr, Chiu, and Mr. Keith Garner, said this configuration is a result of many discussions. Access to De Anza Boulevard has been completely cut off. Natural local building material will be used except for the roof material which will be brought in from Tai Wan. Since there were no further comments from the audience it was moved by Commissioner Adams, seconded by Commissioner Markkula to close th~ ~ublic hearing. Motion carried 4-0 C01'1m1ssioner Adams believes the transition from t.h.. e,.,tr....,~.. of +he b"',ldi",,- needs some work. He would ,r"for t~ ~"e the ~~~e widt~ of landscaping along V'!.lley Gr'!en Drive. Commissioner Blaine like!' the int..restin.,. restaurant building. The other building, however, leaves much to be desired. She would like to see interesting landscaping along both sides. Moved by Commissioner Markkula, secor~ed by Commissioner Adams to reopen the public heari!'!//:. Motion carried 4-0 Mr. Wei, said they will put windows along the backside of the building and redesign kee~ing the Commissioners comments in mind. Commissioner Blaine explained that H-Control will be reviewing the landscaping. Moved by Commissioner Markkula, seoonded by Commissioner Adams to close the public hearing. Motion carried 4-0 Moved by Commissioner Gatto, seconded by Commissioner Blaine to approve Applioation JJ-U-77, with the Conditions in the staff report as modified at this meeting, and the addition of Condition 2;-that the proposed restaurant use will be mellow. The Planning Commission finds: I. That the use or uses are in conformance with the general TIlan and is not detrimental to existing uses or to uses s,ecific~lly permitted in the zone in which the proposed use is to be located. 2. That the property involved is adequate in size and sha?e to accommodate the proposed use. J. That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. 4. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of ~ersons residi".,. or workil"~ in the neighborhood of such proposed use nor injurious to property and improvements in the neighborhood. :n-U-77 ap'OZ'oved AYES, Commissioners Adams, Blaine, G'!.tto, Markkula NOES, None ABSENT, Chairman Koenitzer -..- - --. MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING pC-269 Pa'še 13 A~plication }4-U-77 of DEVCON CONSTRUCTION, INC. I USE PERMIT to allow construction of an industrial building containing approxi- mately 25,500 sq. ft. in a p~nned industrial zone. Said property is located at the northwest corner of the intersection of Prunerid¡t and Tantau Avenues. First Hearing. The Assistant Planner reviewed the December 6, 1977 staff report, noting that at 5145P1! of this date a problem came uþ regarding construction phasing. Mr. Tom Master and Terry Rose, principle in this projeot said this building is in response to a particular need. by a particular tenant. Discussion followed, Since there were no additional comments from the audience, it was moved by Commissioner Adams, seconded by Commissioner MarkJrula to close the public hearing. Motion carried 4-0 Moved by Commissioner Adams, seconded by Commissioner Gatto to approve Application ÿ4-U-77 subject to Condition 1-20 in the Deoember 6, 1977 staff report. The Planning Commission makes the following findings I I. That the use or uses are in conformance with the general ~lan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the pro~sed use is to be located. 2. That the property involved is adequate in size and sha"'" to accommodate the proposed use, 3. That the over and system. proposed use will not generate a level of traffic beyond that of the capacity of the__existing street ^', 4, That the proposed use is otherwise 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. AYE51 Commissioner Adams, Elaine, Gatto, Markkula NOES I None ABSENT I Chairman Koeni tzer }4-U-77 approved Motion carried 4-0 PC-269 Pai5e 14 MINUTES OF DECEMBER 12, 1977 PLANNING COMMISSION MEETING 9. Apulications 35-U-77 and 31-TM-77 of CIRCLE A wu~D & CATTLE CO.: USE PERMIT to allow construction of a professional office building containing approximately 10.700 sq. ft.; TENTATIVE MAP to allow the sale of individual offices as air space condominiums. Said property is located adjacent to and northerly of Pacifica Drive approximately 120 ft. westerly of the intersection of Torre Ave. and Pacifica Dr. First Hearing. The Assistant Planning Director answered Commissioner Adams that this is the first application within the City for air space condominiums. It is a new ooncept. Mr, Don Avila, 540 University Avenue, stated he has done a lot of research on this type development. Commissioner Gatto asked how he would determine the size of the un! t? Mr. Avila said they would build' a shell and parcel the map out when they have buyers. The Assistant City Attorney had a conoern with respeot to Condition 16, There are no guidelines for the staff to work with. He asked that the second sentence be deleted. Since there were no further comments from the audience, it was moved by Commissioner Gatto, seconded by Commissioner Markkula to close the public hearing, Motion carried 4-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to recommend approval of Application 35-U-77 with the 1-14 Standard Conditions and Conditions 15-20 with 16 modified by deletion of the second sentence. The Planning Commission makes the following findings: 1. That the use or uses are in conformance with the general plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2. That the property involved is adequate in siz" and shape to accommodate the proposed use. ---.-, 3. That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. 4. That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of suoh proposed use nor injurious to property and improvements in the neighborhood. AYES. Commissioners Adams, Blaine, Gatto, M¡¡.rkkula NOES. None ABSENT: Chairman Koenizter Motion carried 4-0 nNUTES OF' DECEt'.BER 12, 1977 PLANNING COJllMISSION ~:2E1'ING pc-z69 Page 15 Moved bv Commissioner Gatto, seconded by Commissioner Adams to recommend arprovaÌ of Application of JI-TM-77, subject to 1-14 Standard Conditions and Conditions 15-18 in the staff report. The Planning Commission makes'the following findings I a) That the proposed map is consistent with the general and speciîic plans. b) That the design or improvement of the proposed subdivision is consistent with the ge~eral and specific plans. c) That the site is physically suitable for the type of develop- ment. 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 enviror~ental damage or substantially and 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 easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. AYES. Commissioners Adams, Blaine, Gatto, Markkula NOES. None A?S~~T: Chairr.an Koenit~pr 31-T!-:-?7 ,q......,-r-oved Motion carried 4-0 UNFINISHED BUSINESS, None NF:\/ BUSINESS: None REPORT OF THE PLANNING C01émSSION. None R~?QRT OF THE PLANNING DIRECTOR. None ADJOŒi);t'E:iT. Chair~~n Elai~e 2djo~rned th1s s~eti~g at l:?O A~ to 7t)O?K, De~~~ber 13, 1977, to d:sc"ss with th", City Council the General Plan Consolida- t2o~ and Town Ce~t~r. ATTEST: APPROVED: *f2- City 'élerk f~Q