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PC 11-14-77 .. , CITY OF CUPERTINO, STAT~ OF CALIFORNIA 10300 !orre Avenue, Cupertino, California 95014 Telephone: 252-4505 pC-267 Page 1 MINUTES OF THE REGULAR MEEI'I:lC OF THE PLA.'lNINC COMMISSION HELD ON NOVEMBER 14, 1977 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG In the absence of ChaiJ:ma.n Koeni tzer, Vice Chairman Blaine called the meeting to order at 7:35PM with the salute to the flag. ROLL CALL Comm. present. AdAms, Gatto, Markkula. Cha1rma.n Blaine Comm. absent. Chairman Koenitzer Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten Assistant Planner Piasecki AFPROV AL OF MINUTES Regular meeting of September 21, 1977. Moved by Commissioner Adams, seconded by Commissioner Gatto to approve the minutes of September 21, 1977 as submitted. Motion carried 4-0 I I , Page 8, second paragraph, delete. ''WHEN RECOMMENDING APPROVAL OF A ì TENTATIVE MAP THE PLANNING COMMISSION SHALL MAKE THE FOLLOWING FINDINGS: " I Moved by Commissioner Adams, seconded by Commissioner Mazkkula to approve the minutes of October 10, 1977 as corrected. ì I Page 4, paragraph, 2, add the words "availability of a variety of" I between the words "about" and "housing", add the words "in Cupertino" at ¡ the end of that first sentence, i ! I Page 4, column 4, line 3, delete the words "has to be very high density. i Commissioner Adams understanding was that the ' Town Center will have some I residential." Replacing it with. "result in a high cost, dense devel- I opment for couples only, Commissioner Adam's understanding that the i Town Center area will include residential is for a larger PD parcel." i I I , i I ! Minutes of October 10, 1977. ~ Minutes of October 24, 1977. Page 4, third paragraph from the bottom last line strike the word "strict" and replace with the word "strip", PC-267 Page 2 MINL'I'ES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEEI'ING Page 1:3, paragraph :3, strike sentences 2, :3 and 4 and replace with "there should be a reevaluation of the traffic and other factors prior to actual construction. If the high traffic count as we are now experiencing on Blaney Avenue had been explained or explored, rather, it would have been constructed differently." Page 1:3, paragraph S, add at the end "each section of the Action Plan would be reevaluated before implemented." Moved by Commissioner Adams, seconded by Commissioner Markkula to approve the minutes of October 24. 1977 as corrected. Motion carried 4-0 rosrroNEMENT OR NEIl AGENDA ITEMS I Upon request of the applicant it was moved by Commissioner Adams, seconded by Commissioner Gatto to continue Item :3 (18-Z-77. 21-TM-77 and 24-U-77) to December 12, 1977. Motion carried 4-0 It was pointed out Item S public hearing is still open, Item 6 is an invalid application since the applicant did not sign it. WRITrEN CO}j¡1mlICATIONS 1. Letter was received the date of this meeting from Mr. Paviso. 2. A letter from the office of the President of De Anza College regarding Agenda Item 7. ORAL COMMUNICATIONS I None CONTINUED PUBLIC HEARINCSI 1. CITY OF CUPERTINO I GENERAL PLAN AÞ'.ENDMENT (2-GPA-77) to amend the land use element of the general plan. First Hearing continued. The Assistnat PlAnning Direotor reviewed Policies number 1 and 2 which are Exhibit A, 62-EA-?7 (2-GPA-77), 10-:3-77. The Assistant Planning Direotor pointed out that in no case shall a consolidation or reoonfiguration be approved when it results in a number of lots or potential numb..r on dwelling units which exceeds the number of l..gal lots of record existir~ at the time of the request. Mr, Howard Ruth Jr. 220S Vineyard Court, Los Altos, owner of the property MmUrES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEErING pC-267 Page 3 in quest.ion, request.ed that some action be taken on this proposal at thisi meeting, Mr. Ann Tucker, 20367 Silverado, said she has been a resident there for 17 years. She wants to go on reco:rd. again as protesting this proposal especially at the proposed density. She does not believe this area can support this density, Mr, Bob Benson, 20385 Sllverado, said he bought his home 18 months ago. They were told at the time they purchased that this vacant property was definitely going to be professional planned development. Mrs. Rose Giddings, 20375 Silverado, said that put.ting approximately 30+ homes in the same area that is presently housing 9 homes is not good planning. She agreed there is no traffic problem there during the day. In the evening there is a definite traffic problem. There is a very "busy bar" up near the comer, Mr. Bob Stowald, 7500 Dumas Drive, San Jose, said there are some very high density apartment complexes going up within San Jose and we just don't have the capability to handle this kind of density. Dorothy Clark, 20295 Sllverado, said she would be very dissappoint.~ if this high density proposal were a.pproved. Her neighbor is in real i estate and said this would decrease their property value, If it does go I in she would urge no windows facing her property in o:rd.er to maintain I' her privacy. Another gentlemen said he is an owner of property on Pacifica. Five years ago the property owners in this area all signed a petition against this type of development. Since there were no further comments from the audience it was moved by Commissioner Gatto, seconded by Commissioner Markkula to close the public hearing, i ¡ I ¡ ! ¡ Chairman Blaine asked the Commisaioners to discuss Policy 1 first. Therei were no comments a.t this time so they proceeded with Policy 2. Commiss- I ioner Adams said after reviewing the factors involved he felt this tran- sition to more than 7.7 density was unexceptable. i Collllllissioner Markkula addressed the question of privacy. single-story i homes where there could be two-story homes with balconies etc. with I' residential planned development here we have a better chance of controll- ing the actual development of the property. 7.7 density seemed to be a I more logical density here, I , I be a good transition. I so whatever does go in , could be residential I i I I The Assistant Plann1n.o; Director believes the design of the project is thel ~~, I Motion carried 4-0 Chairman Blaine felt ,that up to 7.7 density would She believes this should be a planned development there can be conditioned. She believes this area as well as professional. PC-267 Page 4 Denial of 2-GPA-77 MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEETING Moved. by Commissioner Adams, seconded. by Commissioner Markkula that Area No. I residential option be allowed. at 4.4-7.7 units per acre rather than a maximu~ 12 units per acre as recommended in the staff report. This will be planned development so it will be designed. to fit well in the neighborhood. AYES I Commissioners Adams, Gatto, Markkula, Chairmah Blaine NOES I None ABSENT I Chairman Koeni tzer Motion carried. 4-0 Commissioner Gatto would like the record to show he had been in favor of leaving Area 1 as shown in the staff report. The December 5, 1977 City Council meeting will hold a public hearing on this, Policy No. 1 land areal directly across Stevens Creek Boulevard from De Anza Oaks depending upon which approach is adopted. )8-48 dwelling units were proposed.. The staff recommended denial of this application. Because of the truck traffic along Stevens Creek Boulevard this would not be a desirable place for this residential. ¡.Ix. Hans Bakke, 25 Bear Gulch Drive, Portola Valley, representing May Industries said the request was for 44 not 48 units. Since there were no more 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 to the City Council denial of the request subject to the findings in the staff report. AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES I None ABSENT I Chairman Koeni tzer Motion carried. 4-0 The applicant was advised. to reconfirm with the Assistant Planning Director the following day in regard to his method of appeal on this action. 2. Appl1oation 24-Z-77 of CITY OF CUPERTINO (TOWN CENTER) I REZONING approximately 50 acres from an existing Planned Development zone to a revised Planned Development zone which is consistent with the General Plan. Said Planned Development zoning area may include a mixture of land use types including commercial and residential. Said property is generally located within the southeast quadrant of the intersection of Stevens Creek Boulevard and De Anza Boulevard. Rodrigues Avenue is on the southerly boundary of the zoning boundary. First Hearing continued. i 1 I , MINlTrES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEE:'I'ING I , I The Assistant Planning Director said that although we have to look a.t I the entire I03 acres in the Town Center particular attention will be I paid to that area north of Rodrigues Avenue. Two developers have , proposed a Town Center plan which shows commercial between De AnZ& BOUIl evard and Torre Avenue and residential ea.st of Torre Avenue. The City has encouraged consultants' to study the economics of the development. PC-267 Fage 5 The Planning Commission decided this public hearing would be limited to one half hour, Chairman Blaine said the discussion at this meeting would be for goals and objectives. The Assistant Pla"~er showed comparison slides of other Town Centers with special attention to scenes and concepts. The City-hired consultants were present at this meeting to answer any questions. Mr. l!1ke Flashm&n said their job is to simplify the Planni Commissioner's job by hearing a general discussion about the Town Cent~ and then shedding some economic insight as to how these ideas would be I received in the market place. Commissioner Adams would prefer not to see a very high rise group of buildings. He asked what our sister City in Italy looked like. He would like to consider pedestrian walkways and perimeter service roads. Commissioner Gatto suggested the preeent consultants study the previous I consultants' report in proceedings in the previous Town Center public hearing. He would like attention to be given to the day time and evening use rather than just day time use. He would also like the scal1 and the nature of the residential and commercial to be addressed. ¡ Commissioner Ma.rkkula. thinks the ratio of commercial/residential is ver~ important. He feels strongly the area. should serve the local rather J than regional area. He feels strongly the architectural concepts shoul~ be broken lines. He believes that it is im'OOrtant to have ala""'· , varlet.y of tvno>s of development. His big¡rest concern is the tnffic I generation. In Item 8 of the Cupertino '!'own Center development goals ! and objectives he believes 20% should not be excluded. He is not sure I that he agrees with :!'tem 9 at all. I Chairman Blaine wants to consider a theme. If it is to serve the local I , residents,does that mean only residents within Cupertino? The type I and proportion of commercial should be determined. Another item we , must address is security. She described the Water Gate complex in I' Washington D.C. as one exa.mple, She is not sure she would want that type of development here in Cupertino. I , Commissioner Adams would like to consider commercial on the first floor , , with reeidential on the second ,and third. floors. Commissioner Gatto is I interested in a compatible mixture of couercial and residential. ' Commissioner Markkula. cautioned there must be enough economic interest in order to make this sort of thing successful. Chairman Blaine would like a preliminary view of the goals of the City available to interested citizens. She then continued this public hearing to November 28, 1977 in the Conference Room, 24-Z-77 continued. PC-267 Page 6 MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEETING Chairman Blaine called a recess at 9120PM;the meeting reconvened at 91 35PM. 3. Applications 18-Z-77, 21-TM-77 and 24-U-77 of BRENDA WILLIAMS was continued. to Deoember 12, 1977. 4, Applications 22-Z-77 and 27-U-77 of PETE AND MARLENE SULAVER AND MARILYN AND AL HIATTI REZONING approximately .39 acres from CG (General Commercial) to P (Planned Development with commercial and professional office use intent) or whatever zone may be deemed appropria.te by the Planning Commission; USE PERMIT to utilize exist- ing structure for a restaurant/professional office, Said property is located adjacent to and. northerly of Stevens Creek Blvd. approx- imately 150 ft. easterly of the intersection of Stevens Creek Blvd. and No. De Anza Blvd. First Hearing continued. The Assistant Planner recapped the November 8, 1977 staff report on these applications. The previous proposal for the Baer house was shelved because they were unable to reach an agreement as to reciprocal parking with the adjoining owner. The applicant is now before the Planning Commission with the proposal for retail commercial and. professional use. The parking does not work with the proposal. They will preserve most of the significant trees on the property and will preserve the building as a historical structure. They will interface with the Pacific Valley Bank. The patio area would have to be used for parking. Mr. Bill Benevich, representing the applicant in this case, said there are presently 16 parking places with a possibility of expanding this to 19. Chairman Blaine noted. the ordinance only requires 15. She asked why they are using the patio. Mr. Benevich said, the patio cover would have to be taken down in any case and a portion of the parkay wood floor would also have to be removed because of the deterioration. Chairman Blaine asked. for comments from the audience. Mr. Phil Boyce, President of the Pacific Valley Bank said he is conèè~ed about the setback of the second phase building being buried. He also would liKe some flexibility because he is conoerned about the traffic being dumped on his property. He would like more details regarding the applicant's utilization of the ingress/egress, If it becomes a problem he would like to be able to co=ect this. Mr. Elliott Bond, 20970 Peppertree Lane, Cupertino, said he was on the Bicentennial Commission. It is nice to see this plan does permit the saving of the exterior of the structure. He asked what the City's position was regarding preservation of the structure. Chairman Blaine answered, the City has not taken a position on this. Mr. Bond urged the City to take steps to ensure this will be a historic building. The City Council has stated that the City will not purchase the Baer House. Chairman Blaine would like to add a condition as to restriction of redesign of modification of this building. The Assist. City Attorney said t!li:> woul.d be ~_.der the review of the use permit, A condition in the use permit could be any design whioh would be subject to use permit review. Any subsequent owner would have to abide by the condition placed on the use permit. MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEEI'ING pC-267 Page 7 Citizen Patti Brisco, was very pleased when she heard this structure was' going to be a restaurant. It was her understanding that if you combine historical significance along with a commercial use there is some tax benefit. The Assistant Planning Director said the property has to be zoned and has! to be established as a historical structure for this to take place. This is also true for residential. He is not sure if it is true for commerciaJl or professional. i Ms. Brisco said she would like very much for a bank to come to Menta Vista. Moved by Commissioner Gatto, seconded by Commissioner Adams to close the ' public hearing. Motion carried 4-0 Chairman Blaine said that some day following adoption of our historical ordinance this may be declared a historical structure. CollUllissioner Markkula does not feel comfortable placing this restriction ¡ on a piece of property with no legal basis. The Assistant City Attorney: suggested the Commission couch the structure in terms of architecture . and design rather than historical value in their determination. The architecture of this building is important to the City and any modifi- cations shall be forwamed to the H-Control ComJldttee for review. Moved by Commissioner Gatto, seconded by Commissioner Adams to approve Application 22-Z-77 subject to 14 Standard Conditions, Conditions 15 and . 16 and additional reciprocal agreements with the bank and succeeding . property owners will be allowed. AYES. Commissioner Ada.IIs, Gatto, Markkula, Chairman Blaine NOES. None ABSENT. Chairman Koeni tzer 22-Z-77 ! approved Motion carried 4-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to approve Application 27-U-77 subject to the 14 Standard. Conditions, Conditions 15 through 19 in the staff report of November 8, 1977 and Condition 20 requiring H-Control approval of subsequent uses. Findings and Subconclusions. 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 accomm- odate 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. PC-267 Page 8 MINUTES OF NOVEMBER 14, 1977 PWl~NING COMMISSION MEETING 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. 27-U-77 approved AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES. None ABSENT I Chairman Koenitzer Motion carried 4-0 It was announced that this would be heard by the City Council on December 5, 1977. 5. CITY OF CUPERTINO. REVOCATION OF USE PERMIT 5-U-59 for Standard Oil Company Service Stat10n s1te located at the northeast corner of the intersection of De Anza Boulevard and Homestead Road. First Hearing continued. Since there were no comments from the audience it was moved by Commissioner Gatto, seoonded by Commissioner Adams to close the public hearing. Motion carried 4-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to withdraw a revocation of a use permit 5-U-59 from the calendar. Motion carried 4-0 6. Application )O-U-77 of CHEVRON, USA, INC.. USE PERMIT to allow retail sales of flowers, plants, camera film, and similar merchandise in conjunction with the operation of an existing service station. Said uroperty is located at llOlO North De Anza Boulevard. First Hearing. This item was withdrawn. 7. Application 26-u-77 of K~ED CORPORATICN (Kenneth L. Wagner): USE PERMIT to allow construction of a temporary golf driving range on the undeveloped Freeway Rt. 85 right-of-way. Said pro~erty is located southerly of and adjacent to Stevens Creek Blvd. immediately westerly of De Anza College, First Hearing continued. The Assistant Planner referred to details of the November 9, 1977 staff report on this proposal for a golf driving range on the Highway 85 right-of-way. He said the applicant has stated he could get by with 60 ft. high nets. The Assistant Planner then showed slides of examples of 60 ft. high nets at other driving range locations. Although the applicant would like some kind of lighting the staff was recommending no provision be made for night lighting. MTIllTrES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEETING FC-2ó7 Page 9 Since it is ex~ensive to move the net su~porting poles the applicant would like to know where the bike trail shoul~ go at this time. Mr. Ken Wagner, 10510 Baywood Court I explained that Flint Center would not be screened by this net. They are proposing a 6 ft. high chain link fence and the high fence would be mounted on telephone poles and would be lost in with the trees. They were hoping for four flood lights shooting straight down. The conventional wood structure building housing the pro shop would have to be jacked up to be removed. Golf pro Ed Wagner, associated member of PGA, would like to provide a service not presently offered in this area, He answered Commissioner Markkula that this would not be a grass fairway because it would use too much water. He added that the netting comes in different colors and density. Commissioner Gatto asked if he had any comments on the one year review restriction of the use permit. Mr. Wagner said he would like it to be longer time, however, they are cognizant of the community concern for extension of the Freeway. In order to make this a viable use they would hope to utilize it for 2 to 2 1/2 years. He answered Commissioner Gatto that the pro shop will have an office, restrooms, golf equipment, and coffee facility. The building will 20 ft. long by 18 ft. wide and will be on a foundation. He answered ChaL"'III&n Blaine that there is not dust problem out there now. There is loose dirt which moves faster than compacted dirt. When the drought is over and Freeway 85 has not gone through he would be willing to plant grass there. Chairman Blaine asked for comments from the audience. Mr. Bob Niback, De Anza College Facilities Manager, noted that part of the fence would be 10 ft. higher than Flint Center. He would like to see a sample of the net to be used. He asked if the tenant would be required to maintain this in good condition, He said the dust could present a problem with the ventilation system of Flint Center. He would like to see some in-depth drawing of the pro shop. He asked what provi- sion is being made for storage of the equipment. He would like to see how a company can do something aesthetically pleasing when it is on a year to year basis. He urged retention of the City's high standards. Ms. Patti Brisco asked if the City would allow such a use of this property. She would prefer to see some effort beiW5 made to extend Freeway 85. i ft. I i I j I I , Mr. Wagner said at the far end of the property there is 24 ft. by 12 garage for ball pickup and maintenance equipment. Mr. Anthony Merchent, representing Hanggi Manufact uriW5 Company, Bubb Road, said his client is very much opposed to this use of the pro- perty. Many restrictions have been placed on the industrial buildings along Bubb Road. The Hanggi Hanufacturing bulldiW5 has an air condi- tioning system that could be effected by the raising of dust on this property. PC-267 Page 10 MINL~ES OF NOVE~~&~ 14, 1977 PLANNING COMMISSION MEETING Moved by Commissioner Gatto, seconded by Commissioner Adams to close the public hearing. Motion carried 4-0 Commissioner Adams said the State of California owns this property so it will benefit by any financial return by the Use of this property. Commissioner Gatto said it would be so convenient for him to have this driving range, but the basic characteristic of the use and the surrounding developments make this an inappropriate looation for a golf driving range. Commissioner Markkula agreed Cupertino badly needs a driving range, this could set precedent, Also we could be creating a problem when we will have to give up this use to allow extension of Freeway 85. This use of this strip of land is contrary to what we all want to see here. He would like to see a golf driving range but in some other location. He was also concerned about the possibility of dust and other òõj ectionable results 'from hard pack rather than grass. Commissioner Adams agreed there would be dust problems unless they plant grass here which is impractical at this time. Chairman Blaine does not want anything on the Freeway 85 right-of-way to give the State any idea we are going to wait for this extension. 26-u-77 denied Moved by Commissioner Markkula, seconded by Commissioner Adams to deny Application 26-U-77. AYES: Commissioner Adams, Gatto, Markkula, Chairman Blaine NOES. None ABSENT: Chairman Koenitzer Motion carried 4-0 The applicant was advised of his right of appeal to the City Council. PUBLIC HEARINGS I 8. Applications 21-Z-77 and 25-TM-77 ~EN VALLEY ENGINEERS (PETER GWOZDZ): REZONING approximately 20 acres from AI-43 (Agri- cultural-Residential, single-family, I-acre lots) to R-I (Residential, single-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 Regnart Canyon southerly of the existing Candy Rock subdivision. First Hearing. The Assistant Planning Director reviewed the November 10, 1977 staff report regarding this proposal. Because of the question of the ability of the applicant to serve two of the lots with septic tanks the staff feels this cannot be resolved at this time. The Health Department has indicated the drain field on Lot 2 must be 600 rather than 200 ft. That possibility is being explored. MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEETING PC-267 Page 11 Mr. Peter Gwozdz, owner of the property, said there is plenty of room to move the lot line around here. He strongly urged Planning Commission review and approval contingent on any conditions they may wish to impose on this property. ; i I Commissioner Adams Ifas prepared to make a decision on the zoning but not !, on the tentative map at this time. The Assistant City Attorney said, the tentative map could be approved ¡' subject to minor modifications of a technical nature. However, usually movement of lot line is not considered a minor technical change. i Collllllissioner Gatto said, rezoning of this property is in conformance with! the slope-density formula. ¡ ; ì Joann Gholson, 22125 Regnart Road, Cupertino, said her concern is that I nothing should be "rounded up" allowing an additional home on this prop- ¡ erty. I Mr. Alan Heintzinger, 4606 Meridian Avenue, San Jose, said he was repre- I senting the engineering firm retained by the applicant. He said all that Ifould be required would be a common lot line betlfeen Lots 1 and 2, relocated dOlfn the hill to the south. This would not affect Lot 5. Since there were no further comments from the audience it Ifas moved by Collllllissioner Adams, seconied by Commissioner Gatto to continue Applica- tions 21-Z-77 and 25-TM-77 to December 12, 1977. Motion carri~ )-0-1 Commissioner Markkula abstained. As an aside, Collllllissioner Gatto said, he attended the CALTRANS meeting in Crescent City. 1h~re Ifere some interesting discussions of an electro- lysis process for septic tanks, They are 2 ft. deep and Ifork better in hardpan than anything else, This takes about 40 ft. Chairman Blaine said Items 9 and 1) Ifould be heard "oFlcu=ently. 9. Applications 25-Z-77 and 26-TM-77 of BROTHER ROBERT JUENEMANN (MARIANIST PROVINCE OF THE PACIFIC) I PREZONING approximately .. 1.3 acres from Santa Clara County A (Agricultural) to City of Cupertino BQ (Quasi-Public Buildings) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to eliminate four residential lots of record, thus combining the 1.3 acres with the remainder of the applicant's property. Said property is located southerly of and adjacent to Madera Road at the terminus of Mercedes Road. First Hearing. (To be discussed in conjunction with Item 13.) 13. Abandonment of a portion of Madera Road. (To be discussed in conjunction with Item 9.) PC-267 Page 12 25-Z-77 approved 26-TM-77 approved MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEETING The Assistant Planning Director said Item 9 was triggered by Item 13, He reviewed the previous action of the Alcives building, He said there are three accesses to Kaiserl through Inspiration Point, San Carlos Homes; Madera. Road.. The staff recommended abandonment of that portion of Iof.adera Road and abandonment of the lot lines. Chairman Blaine asked for comments from the audience. Brother Robert Juenemann, representing the applicant, said they were told if they came back after the Foothill studies were completed they could be relieved of the burdens that require improvement of half of the street. The City did not want a bond, At present they have ~uite a bit of vandalism and would like to install a gate across the road. and the abandoned portion would become a private road.. Moved by Commissioner Gatto, seconded by Commissioner Markkula to close the public hearings. Motion carried 4-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to recommend to the City Council approval of Application 25-Z-77. AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES I None ABSENT. Chairman Koenitzer Motion carried 4-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to recommend to the City Council approval of Application 26-TM-77 subject to the 14 Standard Conditions, Condition 15 and 16 listed in the November 10, 1977 staff, report. AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES I None ABSENT I Chairman Koeni tzer Motion carried 4-0 Moved by Commissioner Gatto, seoonded by Commissioner Adams to submit a resolution to the City Council reoommending abandonment of a portion of Madera Road. Motion carried 4-0 10. 26-Z-77 of TERRY M. AND JANEl' L. BROA'N, PREZONING approximately 1.74 acres from Santa Clara County RI-8 (Residential, single-family, minimum lot size of 8,000 s~. ft.) to City of Cupertino Rl-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southwest corner of the intersection of Byrne Avenue and Old Stevens Creek Road. First Heariru<. MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEEI'ING PC-267 F~ge 13 The Assistant Planner stated this is a simple prezoni~ application. To enable subdivision of the property the staff recommended approval. There, is an existing house on the property. The applicant is aware of the inherent problems, Mr. Peter Cats, 6)20 Tarrouyo.u Road, Portola Valley, offered to answer 'luestions. There were none. Since there Were no further comments from the audience it was moved by Commissio.ner Catto., seco.nded by Commissioner Adams to close the public hearing. Motion carried 4-0 Moved by Commissioner Adams, seconded by Commissioner Gatto to recommend to the City Co.uncil approval of Applicatio.n 26-2-77. AYES I Commissioners Adams, Gatto, Markkula, Chair.uan Blaine NOES I None ABSENT I Chairman Ko.eni tzer 26-2-77 approved The applicant was advised this would go to the City Council December 5. ll. Application 27-Z-77, 28-TM-77 and )2-U-77 of DIVIDEND DEVELOp· MENT CORPORATION I REZONING approximately 2.03 acres from AI-4) (Agricultural I residential, l-acre lots) to P (Planned Development with mini-storage and residential use intent) o.r whatever zone may be deemed appropriate by the Planning Comm- ission; TENTATIVE MAP to divide 2.0) acres into two parcels; USE PERMIT to allow construction of three individual buildings co.ntaining approximately )7,000 S'l. ft. of public storage space including a caretakers residence, Said property is located at 10710 North Blaney Avenue. First Hearing. The Assistant Planning Director located the appro.ximate 2 acres o.n the aerial pho.to~ph. He said a facility of this type could attenuate the I sound from the freeway. The proposal is for a two-story structure along the freeway boundary and single-story structures o.n the remainder of t:ü.S¡ property. Ths existing homes would remain, The staff feels it might be appro.priate to require the applicant to augment the planting on the common boundary with the apartment complex to the south tc help reduce the ability to. look into. the two-story into the second floor windows, Mr. Dick Oliver, of Dividend Development Corporatio.n, said the two-story Ii structure will have an interior stairway and central hallway. There will be no windows o.n the second story. But there will be architectural ' relief. H-Contro.l had no comments to change the basic structure. They have some comments on the landscaping however. Doro.thy Zeszutek, 10710 North Blaney Avenue, Cupertino, said there is presently 4.4-7.7 units per acre zoning on her residential lot. They PC-267 Page 14 27-Z-77 approved :32-U-77 approved MINUTES OF NOV~~ER 14, 1977 PLANNING CO~~ISSION MEETING have no immediate plans but would like to have this left open to rezone at a later date to its highest density potential at the time they wish to change the character of that lot. In regard to the City owned land- scaping on the overpass, they are very pleased with it. They regularly pick up the litter that is thrown on it. They donåted some trees, It is presently being used as a playground by the occupants of the apartment complex and others. She would like to see a no trespassing sign on it. The Assistant City Engineer suggested a :3 ft. split rail fence could be put up. Commissioner Gatto explained if this is to be a planned development some designation must be made on the residential portion. All of the properties must be addressed. This could be changed in the future however. Moved by Commissioner Gatto, seconded by Commissioner Adams to close the public hearing, Motion carried 4-0 There followed a discussion of the conditions of approval. Moved by Commissioner Adams, seconded by COmmissioner Gatto to recommend to the City Council approval of Application 27-Z-77 subject to the 14 Standard Conditions and Condition 15 and 16 listed in the staff report and updated at this meeting. AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES I None ABSENT I Chairman Koenitzer Motion carried 4-0 Moved by Commissioner Adams, seconded by Commissioner Gatto to approve Application :32-U-77 subject to the 14 Standard Conditions, Conditions 15-21 with Condition 21 modified to include "no use that creates unreasor.a.ble noise, music, etc., or manufacturing activities", AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES I None ABSENT I Chairman Koenitzer Motion carried 4-0 Moved by Commissioner Adams, seconded by Commissioner Gatto to recommend to the City Council approval of Application 28-TM-77 with the 14 Standard Conditions and Conditions 15 and 16 listed in the November 10, 1977 staff re~ort, AYES I Commissioner Adams, Gatto ' Markkula I Chairman Blaine NOES, None ABSENT I Chairman Koenitzer Motion carried 4-0 MINUTES OF NOV~~ER 14. 1977 PLANNING COMMISSION MEETING The Planni~ Commission makes the following findings. a) That the proposed map is consistent with the general and specific plans. b) Tha.t the design or improvement Of the proposed S1.Ibdivision is consistent with the general and specific plans. c) Tha.t the site is physically suitable for the t:;rpe of development" d) Tha.t the site is physically suitable for the proposed density of develoPllent. 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 habi tat~ f) Tha.t the design of the subdivision or the type of improvements are not likely to cause serious public health problems. g) Tha.t 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. 12. I I I ! ¡ i i I I Hearingr I , The applicant was advised this proposal will go to the City Council for public hearing on December 5, 1977. Application 29-U-77 of ROBERT ALARIK PEEPARI (DO-IIlTr WHEEL). USE PERMIT to allow construction Of a doughnut shop containing approximately 1500 sq. ft. in a P (Planned Development) zone. Said property is located at the southeast corner of the intersection Of De Anza Blvd, and Lazaneo Drive. First The Assistant Planner reviewed the staff exhibits showing a series of options open to the applicant, The applicant has indicated he prefers Exhibit A, with Exhibits A modified as his second choice. The staff recommended no direct access to De Anza Boulevard. The letter from Mr, Paviso, owner Of the adjoining property was entered into the record at this point. This letter indicated Mr, Paviso is not interested in joint access with the Do-Nut Wheel. Architect Robert Peepari, 4040 Moorpark, San Jose, said from a practical point of view he would like to only consider the Do-Nut Wheel property at this time. There preference would be to put the building in front of the property and the parking in the rear. They will put a masonry wall all the way to the trash enclosure. They ha.ve in mind a verJ low profile, attractive building. Customers could sit inside and look a,t the 50 feet ' of landscaping along De Anza Boulevard rather than a parkin¡z lot. With the building placed in the back there would be a problem Of bringing in I the supplies etc. Also, the traffic enclosure would then have to be in I the front. He was not in favor of a masonry wall and then the building I because this would then create a alley way where trash would collect. i I I I I , pC-267 Page 15 pC-267 Page 16 MINUTES OF NOVErŒ&q 14, 1977 PLANNING COMMISSION MEETING They are having acoustical studies done which will be ready by the time they go to H-Control. Commissioner Gatto suggested the wall could be incorporated into the rear of the building. The architect explained there would be detailed wood and glass along the front of the building. The entrance would be from the side. The bakery machinery would be on the east side of the building. Chairman Blaine stated this business is open 24 hours a day. Mr. Peepari said they have no intention of high lighting of the parking lot and intruding on the privacy of the neighboring residential. He will have these plans completed before the H-Control meeting. Chairman Blaine asked for comments from the audience. Mr. Mike Meyer, representing B,A,S. Homes, said they would like to work out something that is best for all concerned. The homeowners deserve a quiet peaceful neighborhood. The businessman needs an active business. Separate is better, He suggested extension of the wall that already exists behind the garage and wrap it around Lazaneo Drive, Between the wall and the street there could be heavy planting, They would prefer to have the building at the rear and the parking in the front. He would like to have an entrance on De Anza Boulevard. The parking in the front as a visual problem could be minimized by mounding and planting. They would like moderate signs and low level lighting. B.A.S. Homes is paying the great majority of the bill. The homeowners are very concerned about this although they are not present at this late hour. Mr. William Weil, 21810 Stevens Creek Boulevard, owner of the Do-Nut Wheel said Mr. Paviso isn't going to do any landscaping, He is only going to donate what he has to. He pointed out with his plan the ingress/egress on Lazaneo Drive is farther away from the corner which is safer. He does want his new building to be seen from the Boulevard. He does not pass one house to get into his parking lot, He gets delivery of supplies on Monday usually around 11130 a.m. and his garbage pickup is twice a week. Mr. Bob Stovald, 7500 Dumas Drive, said he the owner of one of the 93 new homes in the B.A.S. development. He asked if this building would look some- what like Cooos. He thinks the front building would be very attractive and approves the applicants' exhibits. Susan He, 6921 Dartmoor Way, San Jose, said people park along De Anza Boulevard not in the parking lot in the rear. She thinks the parking should be in the front. Moved by Commissioner Gatto, seconded by Commissioner Adams to close the public hearing. Motion carried 4-0 Commissioner Adams pointed out the "50 ft. buffer" is 32 ft. with the City's proposal and 36 ft. with the applicant's proposal. MINUTES OF NOVEMBER 14, 1977 PLANNING COMMISSION MEETING pC-267 Page 17 Commissioner Markkula would like to add Condition 22 limiting hours of the trash pickup. Chairman Blaine was told this is a nonconformi~ use. In case of noise problems the Planning Commission could reserve the right to review the use permit and mitigating measures to solve the problem. She would like this condition added. Moved by Commissioner Adams, seconded by Commissioner Harkkula to approve 29-U-77 subjeot to Standard'Conditions l-14, Condition 15-21 in the November 9, 1977 staff report and Condition 22 regarding control of trash pickup time per discussion at this meeting; Exhibit A and deletion of Condition 20 of the staff report. AYES I Commissioners Adams, Gatto, Markkula, Chairman Blaine NOES; None ABSENT: Chairman Koeni tzer 29-U-77 approved Motion carried 4-0 The Planning Commission has made the following findings I 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 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. It was noted that this matter would go to the City Council on November 21, 1977. UNFINISHED BUSINESS. None NE'tl BUSINESS I 13. Abandonment of a portion of Madera Road. Already taken care of, ?C-267 ?a;::= 18 ::,I:;c'T::S OF ;WV:;:~3ER 14. 1977 PLANNING CO¡1MISSION ~:E.::yI¡;G REPORT OF THE P~~NING COMMISSION I Chai~an Blaine atte~ded the recent PPC meeting where they ~ad a review of the A3AG TIroTOsal to talk of air and water pollution. They will co~ing out with a final draft in January. Review and input from the Flannjn~ Commissioners would be appreciated by the FPC. She noted tnat the EPA has more clout now. ?ederal fDnds are involved. They have stated that where air quality does not improve there will be no funds allocated for a sewer system etc. Thj~ is presently being experienced by the City of Gilroy. BEFORT OF THE PL~~NING DIRECTOR; The Assistant Planning Director noted the nor~l date for the second meeting in December would be the day after Christ~as. The staff is hoping to put together a joint meeting on the City Council and Planning Commission on December 19, 1977 and skip the December 26, 1977. there will be further discussion on this at the next regular meeting. ADJOùrtNH~T Chairman Blaine adjourned this meeting at 1214)AM. APPROVED: ,~~,~j au:~ Vice Chairman ATTEST: City