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PC 10-10-77 : CIT{ OF CUPERTINO, STATE OF CALIFORtlIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 PC-265 Page 1 :1INUTES OF THE REGULAR MEETING OF THE PLANNING HELD ON OCTOBER 10,l977 IN THE COUNCIL C~IBER, CUPERTINO, CALIFORJ.·UA COMMISSION CITY HALL SALUTE TO THE FLAG Comm. present: Comm. absent: Adams, Blaine, Gatto, ~~rkkula, Chairman Koenitzer None the I I ! , I I ì The meeting was ~alled to order at 7:34 PM by Chairman Koenitzer with Pledge of Allegiance. ROLL CALL Staff present: Assistant City Attorney Kilian Assistant Planning Director Cowan Assistant City Engineer \{hitten Assistant Planner Piasecki APPROVAL OF MINUTES: Minutes of the regular meeting of September 12, 1977 Page 2, paragraph 1, line 3, should read "3.5 units per acre", same page next to the last paragraph the first line delete the word '~nswered'and " replace with pointed out'~ Same line delete the word "his"and repla~e with: "this". Same paragraph last sentence should read 'he believes that a street connecting Beardon and Mariani should be created; therefore, Mariani should be extended to Greenleaf Drive." Page ll, first paragraph, has to include: "17. That the applicant shall enter into reciprocal ingress/egress agree- ments with the Gazzera property (Fisherman's Village Restaurant site) located to the east and with the developed portion of the U.S.A. Petroleum site located to the west. Said agreement shall be subject to the review and approval of the City Attorney prior to recordation of the final map. The easement area shall be located on the final parcel map which shall be recorded concurrently with the closing of escrow on the subject property. If the applicant is unable to obtain the permission of the adjoining property owners to implement said reciprocal drives, the appli~ant shall sign a statement acceptable to the City Attorney, agreeing to provide reciprocal ingress/egress easements with the adjoining proper- ties at such time as the City can require the same from the adjoining property owners." Page 11, last paragraph, the last three lines should read'tondition lS and 16 in the staff report, modified Condition 17 per the tentative map, addition of etc." Page 12, the words '1:inding for the zoning"must be included right after the first motion on that page. Page 16, second paragraph, third line, add the words "but the monitory effort has been decreased" after the word monitory in the third line delete the words "they have had" in the same line. PC-265 Pag e 2 MINUTES OF THE OCTOBER 10, 1977 P~¡I~~ COMMISSION MEETING Page 16, paragraph 5, line three: after the words"those kids"add "she would also like to reserve the easement for public occasion". Page 16, paragraph six, at the end of the sentence after the ~ords 'easement rights"add "for public works". Motion carried 4-1 Delete the sentence "Commissioner Blaine would like to reserve the easement for public occasions". Moved by Commissioner Blaine, seconded by Commissioner Markkula to approve the minutes of September 12, 1977 as amended. Motion carried 3-0-2 (Commissioners Adams and Gatto abstained). Minutes of the Joint City Council and Planning Commission meeting of September 13, 1977. Page 3, last paragraph, delete the last two sentences. Moved by Commissioner Gatto, seconded by Commissioner Markkula to approve the minutes of September 13, 1977 as amended. Motion carried 4-0-1 (Commissioner Adams abstained). POSTPONEMENTS OF NEW AGENDA ITEMS: Item #1 - Application 6-Z-77 - Thomas L. Nafe & Gail Nafe (Staff request for continuance pending completion of the plan line hearing). Item #4 - Applications 18-Z-77, 21-TM-77, 24-U-77 - Brenda Williams (Applicant request for continuance to meeting of November 14, 1977). Item #5 - Application 26-U-77 - Kened Corporation (Kenneth L. Wagner) (Applicant request for continuance to meeting of November 14, 1977). Moved by Commissioner Gatto, seconded by Commissioner Adams to continue Item 4 (18-Z-77, 21-TM-77, 24-U-77) and Item 15 (26-U-77) to November 14, 1977. Motion carried 5-0 Moved by Commissioner Blaine, seconded by Commissioner Markkula to continue Agenda Item #5 to the end of this agenda since the applicant was not yet present. Motion carried 5-0 WRITTEN COMMUNICATIONS: Chairman Koenitzer stated he had received Scenic Drive with a number of questions. response to these questions. letters from some residents on He asked the staff for a detailed MINUTES OF THE OCTOBER 10, 1977 PLANNING COMMISSION MEErING po-Z65 Page 3 ORAL COMMUNICATIONS. None CONTINUED PUBLIC HEARINGS I 1. Application 6-Z-77 of THOMAS L. NAFE & GAIL A. NAFE. PREZONING approximately .11 acres from County ML (Light Industrial) to City of Cupertino ML (Light Industrial) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the northwest quadrant of the intersection of Imperial Avenue and Granada Avenue. First Hearing continued. Upon the advice of the Assistant City Attorney, it was moved by Commissioner Adams, seconded by Commissioner Gatto to remove Application 6-Z-77 from the calendar and to readvertise at such time as the City is prepa:;-ed to act upon it, Motion carried 5-0 2. Application l5-Z-77 of BILLY J. BAXLEY. PREZONING approximately 1,05 acres from Santa Clara County RI-IO (Residential, single-family, 10,000 sq. ft. per dwelling unit) to City of Cupertino Rl-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located adjacent to and westerly of San Felipe Rd. at the teninus of Alcalde Rd.. First Hearing continued. The Assistant Planning Direotor introduced this application pointing out that this property is located on the County's unimproved four lots. The purpose of this prezoning is to allow the applicant to gain water service. The applicant, Mr. Billy J. Baxley said he plans to bui1d on all these lots and live in one of the homes, Moved by Commissioner Blaine, seconded by Commissioner Adams to close the public hearing. Motion carried 5-0 Moved by Commissioner Gatto, seconded by Commissioner Blaine to recommend to the City Council approval of Application 15-Z-77, AYES. Commissioners Adams, Blaine, Gatto, ~kkula, Chairu.n Koenitzer NOES. None Motion carried 5-0 15-Z-77 Approved PC-26.5 Page 4 MINUTES OF THE OCl'OBER 10, 1977 PLANNING COMMISSION MEETING 3. CITY OF CUPERTINOI REVOCATION OF USE PERMIT .5-U-.59 for Standard Oil Company Service Station site located at the northeast corner of the intersection of De Anza Boulevard and Homestead Road. First Hearing continued. Per the staff request, and since there were no comments from the audience, it was moved by Commissioner Blaine, seconded by Commissioner Markkula to continue Application .5-U-.59 to November 14, 1977. Motion carried .5-0 4. Applications 18-Z-77, 21-TM-77, and 24-U-77 of BRENDA WILLIAMS I previously continued to November 14, 1977. .5. Applications 19-Z-77 and 28-U-77 of TERiUu~OMICS DEVELOPMENT CORFORATION I continued to the end of the agenda. 6. Applications 22-Z-77 and 27-U-77 of PETE AND MARLENE SULAVER AND MARILYN AND AL HIATT I 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 appropriate by the Planning Commission; USE PERMIT to utilize existing structure for a restaurant/professional office. Said property is located adjacent to and northerly of Stevens Creek Blvd, and No, De Anza Blvd, First Hearing. The Assistant Planner stated this plan is to use the existing Baer house for a restauzant on the main floor and office space above. He reviewed several proposed site plans. The staff believes there is some historical significance in this structure. This site, however, can only hold 21 parking spaces. Therefore, the staff is recommending against the second story office space. Colored slides of this site were displayed on the screen. It was pointed out the palm trees along Stevens Creek Blvd. will have to go as they are in the paved strip. Applicant Gene Devich, 969 Duncan, San Francisco, CA, said the plan is to put a restaurant here so the residents of Cupertino may enjoy this old home. Because of the parking problem they will have to forget about the offices upstairs. Commissioner Blaine asked if she had spoken to Mr. Boice about additional parking on the adjacent property. Ms. Devich said this has been a difficulty and bas not yet been clearly defined. The Assistant Planner answered Commissioner Blaine that according to the ordinance the bank has excessive parking stalls. But the bank does not believe this. Ms, Devich answered Commissioner Gatto that present plans for the restuarant are for both lunch and dinner. They have applied for a license for the convenience of the customers but they do not plan ~ MINUTES OF THE OarOBER 10,1977 PLANNING COMMISSION MEETING PC-265 Page 5 a cockuil lounge, They would like to encourage foot traffic also. COlllllissioner Adams suted he would like to retain this structure if at all possible. Mr. Phil Boice, president of Pacific Valle1 Bank agreed that a restaurant here is a fine idea.. But he is concerned about traffic congestion on his propert1. He said he was required. to put 9 pieces of propert1 together, at that time the Cit1 Council felt it was too bad. the1 could. not acquire the service station and. the Baer house &lso to finish up that entire corner. He is concerned about traffic going through his parking lot particularly during the lunch hours when his bank is open for business. Another conoern of his is the 50 ft. setback &long Stevens Creek Blvd.. The Baer house and. the old house present11 being used by an a.ttorne1 on Stevens Creek Blvd. are both located within the 50 ft. setback. This puts his development back out of sight. Another concern is that the present plan is for putting parking in the patio &rea. of the Baer house rather than cutting down the seating capacity of the restaurant in omer to meet the restrictions of the ominance. He said he is interested in being a good neighbor but he is also interested. in achieving full utilization of his property. In response to Commissioner Adaas' question, Mr. Boice answered. that h. owns a 20 ft. non exclusive right-of-way along the easterly property line of the serTice sution. Mr. Boice answered Commissioner Ma.rkItula that normal bank hours are 9100-6100. Further it was his opinion that requiring one parking space for 4 seats in the resuurant is completely impractical. He said he has a.bout 6 emplo1ees who leave the bank between 5115 and. 5:30. Chairman Koenitzer asked for cOlllllents from the a.udience. Mr. Noel Everhardt, 21407 Krzich Place, commended the applicant for her efforts to preserve this structure. However, he would like to see an overall plan for this quandrant. He felt it was important to save the house, to save the patio, and. to achieve adeqU&te parking without infringing on the neighbors. And lastly, he would like as many of the trees as possilbe to be saved. Commissioner Blaine said she is pleased to see an application for saving the Baer house. She would like to see it used rather than making it into & parki~ lot. She would. like the two property owners concerned to get together with the staff to try to work out something equi table. Commissioner Adams said he would &Rree to a continuance if the applicants would like to negotiate further with their neighbors, Commissioner Markkula would. like to save the structures as well as the trees here. The problem seems to be with the lunoh hour, He proposed openi'ng the upstairs for a lounge and additional dining at night and close for lunch. Perhaps the entire bank parking lot would then be ava.iJa.ble to the restaurant for parking during the dinner hour. PC-265 Page 6 MINUTES OF THE OCTOBER 10,1977 PLANNING COMMISSION MEETING Another suggestion of Commissioner Markkula was that the restaurant could offer lunoh to bank employees and clients only. Chairman Koen! tzer recapped the staff recouendatlons. Reducing the width of parking stalls to 9 ft. and allowing less than the required. parki~. He would prefer that the two property owners get together to discuss reciprocal parking. Ms. Devich said that if the structure is used as an office building then there would be !lOre of a parking problem. The question is whether or not the City would like a resta1lZ'al1t here. She said she had. aet with Mr. Boice and he wants a percentage of the sales. Mr. Boice said he would like a staff lIember present at any future meetings with the property owner to a.void any misunderstandings. Moved by Comaissioner Blaine, seconded by Commissioner Adams to continue Applications 22-Z-77 and 27-U-77 to November 14, 1977. Motion carried 5-0 7. Application 23-Z-77, 22-TM-77, and 4-V-77 of MAY INVESTMENT COIŒANYI REZONING approx1m&tely .39 a.cres from R3 (Residential, IIUltiple) to RlC (single-family cluster) or whatever zone II&Y be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide approximately .39 acre into two parcels; VARIANCE request from Section 9.3 of O:rd.ina.nce No. 575 to reduce the minimum lot width requirement from seventy feet to sixty- six feet. Said property is located easterly of and adjacent to Terry Way at its southerly terminua. First Hearing, The Assistant P1a.nn1ng Director reviewed the proposal. There is presently a four-unit apartment complex on this property. , Mr. Martin Hall of May Investment Corporattion said that originally four individual hOlies were proposed. here. He always feU there should be two duplexes on the site. He said they meet all the City requirements. Mr. E. J. Farrell, 20616 Paradise Drive, stated that he 18 very concerned. about the garbage dump with all the flys from Ralphs Market. He recommended the City Council do something about the acoustics of the Council Chamber because people in the audience cannot hear what is going on. Ms. Patti Brisco said that compared to so.. of the workmanship that goes on here she believes this is very well done. Since there were no further cODUllents from the audience it was moved by Commissioner Gatto, seoonded by Commissioner Adams to close the public hearing . Motion carried 5-0 MINUTES OF THE OCTOBER 10, 1977 PLANNING COMMISSION MEETING PC-265 Page 7 Collllllissioner C&tto said that from a. co_unity standpoint by parceling this prOperty off you increase the owner occupied. units. What disturbed. hiJl was the "back door approach". Collllldssioner Adams noted the construction here 11&11 not a joined four- plex but rather two duplexes on the one lot. Moved by Commissioner Gatto, seconded. by Commissioner Adams to recommend to the City Council approval of Application 23-Z-77. AYES I CoDissioners Adaas, Bl.a.1ne, Gatto, larkkula.. Chai%1ll&!l Koenitzer NOES I None Motion carried 5-0 Mr. Hall stated that this 11&11 discussed at length 111 th the sta.ff, Moved by Collllllissioner Gatto, seconded by Collllllissioner Blaine to approve Application 4-V-77. The exception 111 that we are f&ced with two existing structures. The var1a.nce is necessary to lII&ke this a cOnfoning use and to allow preservation of rights. 1. That there are special conditions or exceptional characteristics in the nature of the property to be affected, or that its loca..- tion or its surroundings are such as will perm! t the Collllllission to make a determination that a literal enforcement of the Ordinance would result in practical difficulties or unnecessary hardshipsl and 2. Th&t the granting of the, application is necessary for the preserva- tion and. enjoyment of substantial property rights I and 3. That the hearings show that the granting of the application will not aa.ter1a.lly affect adversely the health or safety of persons residing or working in the neighborhood of the property which is the subject of the application, and that the use of said property in the lII&I1Zler in which it is proposed to be used will not be materially detrimental to the public welfare or injurious to the value of property or improvements located in said su=oundings. AYES I Collllllissioners Adau, Bl&ine, Gatto, Markkula, Chairman Koenitzer NOES I None Motion ~ed 5-0 Moved by Commissioner Gatto, seconded by Commissioner Adams to approye Application 22-TM-77 subject to the 14 St.anr!2TÙ Condtions. 15. That the approval is based upon Exhibit A of-Applicatiqn 22-TM-77 as may be amended by a.d.di tional conditions contained herein. PC-265 ' Page 8 MINUTES OF THE OCTOBER 10,1977 PLANNING COMMISSION MEETL'iG 16. That the applic&l1t shall be required to raise the height of the III&sonry block wall located on the easterly property line of parcels I and 2 to a minimum height of 6 ft. throughout its entirety as measured from the westerly side of the wall. I. That the Planning Commission makes the following findings 1 a) That the proposed III&p is consistent with the general &I1d 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 da.mage 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, acquired by the public at large, for access through or use of, property within the proposed subdivision. AYES. Commissioners Adams, Blaine, Gatto, Markkula., Chairman Koenitzer NOES 1 None Motion carried 5-0 8. Application 2-CDPRJ-77 of MICHAEL G. PISANO 1 CONCEPTUAL DEV'ELOPMENT PLAN for approximately 1/8 acre to allow construction of a proposed tri-plex. Said property is located adjacent to and easterly of Alpine Dr. approximately JOO ft. from the intersection of Foothill Blvd. and Alpine Dr. First Hearing. The Assistant Planning Director identified the property on the overhead map. He noted that Alpine Drive has a mixture of duplexes, tri-plexes, and four-plexes adjoining single-family homes. He said this plan is in conformance with the ordinance, but the staff feels that the applicant did not go far enough to protect the privacy of the neighbors, The staff would like the applicant to consider a flip-flop of the plan to further MINUT~ OF THE OCl'OBER 10, 19?? PLANNINC COMMISSION MmINC PC-265 Page 9 insure privacy for the neighbors. The primary purpose at this point is to allow the Planning Commissioners to study the conceptual plan acd perhaps save the applicant several thousand dollars in plans that might not be acceptable. Chairman Koenitzer asked about the possibility of lowering the pad. Mr. Mike Pisano, 10201 Hillcrest Road, Cupertino, said this is the second proposal he has presented to the staff and he understood that this plan before the Collllission at this time is what they wanted. He deleted the balconies and added wing lIallS. There are only two lot left in this subdivision. He and his architect tried talking with the neighbors and lIere told the neighbors don't want any lIicdows or in fAct any buildings on the property. Chairman Koenitzer asked for comments from the acdience. Mr. Paul HardIIan, 10:397 Vista Knbll Blvd., Cupertino, stated that he has never objected to a building on this property nor to windows. He does object to the priVACY intrusion. This is the "Appleberry" lot. He referred to Sections 6.24, 9.1, and 12.16 in the new Ordinance. He does not believe this plan complies with these Seotions of the O3:ù1na.nce. He would like the applicant to consider changing the living area so those windows do not intn1de on his privacy. Mr. Tom De Franco, 10427 Vista Knoll Blvd., Cupertino, wanted to address the line of site drawing on the bulletin board. He recommende keeping the second floor portion closer to the front of the property and away from the neighbors back yards, Sinoe there were no further comments from the audience it wa.s moved by Commissioner Blaine, seconded by Commissioner Markkula to close the public hearings. Commissioner Gatto said he would be inclined to continue this application to allow the applicant tue to restudy his plan, keeping in m1nd. those things that were brought up at this meeting. Mr. Pisano said this would pose some problems for him. But that he would prefer a continuance to a denial. Motion carried 5-0 Commissioner Ada.ms reviewed some of the privacy problems. Commission Gatto felt the applicant had not sufficiently considered the privacy issued with the submitted plans, Moved by Commissioner Gatto, seconded by Commissioner Blãine to deny Application 2-CDPR:3-77. AYES I Commissioners Adams, Blaine, Gatto, Markkula. NOES Chairman Koeni tzer Motion carried 4-1 PC-265 Page 10 MINUTES OF THE Oc:rOBER 10, 1977 PLANNING COMMISSION MEEI'ING Chairman Koenitzer said the view that overlooks the bay area un:f'ortunately overlooks these peoples back ya.;r:d. They could have planted. trees several years ago to protect their own privacy. He iJl:f'ormed. the applicant that his application has been recommended. for denial and will be hea.;r:d by the City Council November 7, 1977. Cha.irma.n Koenitzer called. a recess at 9145 PM. The meeting reoonvened. at 10100 PM. Chairman Koenitzer announced. that Agenda. Items 9 and 10 would be heard concurrently. 9. Application 17-TM-77 of THE KOLL COMPANY (WT" ,INC.) 1 TENTATIVE MAP to divide 5.2 acres into three parcels. Said property is located at the southeast corner of the intersection of Alves Dr, and Ba.nd.ley Dr. First Hearing. 10. Application 20-TM-77 of THE KOLL COMPANY (liTW, INC,) TENTATIVE MAP to combine two parcels into one parcel. Said property is located at the northeast corner of the intersection of Bandley Dr. &lid Stevens Creek Blvd. First Hearing. The Assistant Planner gave an overview of the proposal for an Alpha Beta. Market. Commissioner Gatto stated. he was abstaining from the public hearing on these two items, Chairman Koeni tzer Was concerned about the traffic restrictions imposed. upon the Ba.'1k of America when their remodeling was approved. He would like the Bank of America file researched on this point, Commissioner Adams noted the location of the loading platform for the market. He wondered if that would cause reconsideration of lot lines, The Assistant Planner said this point was addressed by the H-Control Committee and the City Council and it was felt that this proposal was a viable solution. Engineer 1i arren Wha.ly.. 2202) Baxley Court, Cupertino, representing D. Cole, said they have connected the easement down to the Bank of America site. They have discussed. reciprocal easements with Bobs Big Boy Restaurant on De Anza Blvd. The Assistant City Engineer answered Mr. Wha.ly that they have to take some core samples and discuss the resurfacing matter with Alpha Beta. Commissioner Blaine would like to see the parking aisles lined up better with the adjoining parking lot. Commissioner Adams wondered. if Condition 20 of the first and Condition 17 of the second satisfy the requirements. The Assistant City Attorney said these are standard conditions. MINUTES OF THE OCTOEER 10,1977 PLANNING COMMISSION MEEl'ING Since there were no further comments from the audience. it was moved by Commissioner Adams. seconded by Commissioner Markkula to close the public hearings on Applications 17-TM-77 and 20-TM-77. Motion carried 4-0-1 Commissioner Gatto abstained, Moved by Comm.1ssioner Adams. seconded by Collllllissioner B~e to approve Application 17-TM-77 subject to Conditions 1-20 as listed in the October 6. 1977 staff memo. AYES I Commissioner Adams. Blaine, Markkula, Cha1r1Ian Koenitzer ABSENT I None ABSTAINED. Comm.1ssioner Gatto 1. That the Planning Commission makes the following findingsl 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 su 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, acquired by the public at large. for access through or use of, property within the proposed subdivision. Moved by Commissioner Adams. seconded by Commissioner Gatto to approve Application 20-TM-77 per the Condition stated in the October 6, 1977 staff memo. AYES I Commissioners Adams, Blaine, Markkula. Chairman Koenitzer !lOESI None ABSTAINED. Commissioner Gatto f I I I I I PC-26S Page II pC-265 Page 12 MINlTrES OF THE OCTOBER 10, 1977 PLANNING COMMISSION MEE:1'L'lG I. That 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 specifio plans, c) That the site is phYsically sui table 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 dama.ge 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 oonflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Moved by Commissioner Blaine, seoonded by Commissioner Adams to direct the staff to restudy the traffic pattern on this and adjacent properties prior to final action on these tentative maps, Motion carried ~-O-l Commissioner Gatto abstained. 11. Application 23-TM-77 of DEBCOR CORPORATION (R. H. Childress). TENTATIVE MAP to adjust property lines dividing three existing parcels. Said property is located in Regnart Canyon westerly of Regnart Rd. (22025 Regnart Rd.) First Hearing. The Assistant Planning Director said the application tonight is to adjust property lines between three existing lots of record. for the purpose of making two of these lots buildable, The issue involved here is the question of emergency fire acoess to this property and to the property on the west. He said the applicant is concerned about Oondition 19. He would like a waiver of storm drain fees since this application does not create another lot. The site was checked and it was found there is an adequate drain field. The staff feels strongly that there should be as many a.ccesses as possl1e in case of fire. MINUTES OF THE OCTOBER 10, 1977 PLANNl}IC COMMISSION MEETING PC-265 Page 13 Mr. R. Childress, ZZOZ5 Regnart Road, owner of the property said he met with Mr. Nellis and Mrs. Virovich and the owner of Lindy Canyon'. He is presently negotiating for another Z3 acres, He would like to reduce Conditions 18 and 19 for the present time and save then until the time of development of the property. Since there were no cOllllUents from the audience, it was moved by Commissioner Gatto, secoaded by Commissioner Adams to close the public hearing. Motion carried 5-0 Moved by Commissioner Gatto, secoaded by Commissionvr Markkula to recommend to the City Council approval of Application 23-TM-77 subject to the 14 Standard Conditions, Co~.ition 15-18, and Condition 19 as modified by the staff. Condition ZQ, delete Condition 21, Condition ZZ as added by the staff, and Conditions Z;, Z4, and Z5. AYES, NOES, Adams, Blaine, Gatto,Markkula, Chairman Koenitzer None Motion carried 5-0 1. That 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- lIIent. 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 proposed improvements are not likely to cause serious public health problems, g) That the design of the subdivision or the type of improvements wi n not conflict with easements. aC'lU1red by the public at large, for access through or use of, property within the proposed subdivision. PC-265 Page 14 24-TM-77 Approved. MINtlrES OF THE OCTOBER 10, 1977 PLANNING COMMISSION MEETING 12. Application 24-TM-77 of MABK THOMAS & CO., INC. (Sunny View Lutheran Home)1 TENTATIVE MAP to adjust lot lines involving three parcels and to consolidate two of said parcels into a single parcel. Said property is located easterly of and adjacent to Foothill Blvd.. approximately 100 ft. northerly of the inter- section of Cupertino Rd. and Foothill Blvd. First Hearing. The Assistant Planner said purpose for this tentative ID&p is to allow Sunny View Manor to construct a 100-unit apartment project for senior citizens, at the northeast corner of Foothill Blvd.. and Cupertino Rd. Mr, Ron Vistski, Assistant Administrator for the Sunny View Lutheran Home, stated. this is a HtJD application which requires the financing application to separate new construction areas from non construction areas. This is the reason for the parcel map. Ms, Patti Brisco, Monta Vista resident, said she is very concerned. about this pa.rCel~ She said the plan for the new addition is not compatible with the original structure, She wondered. what it would be used. for if it beoame vacant. Since there were no further comments from the aud.1enoe, it was moved. by Commissioner Gatto, seconded. by Commissioner Blaine to close the public hearing. Motion carried 5-0 Moved. by Commissioner Blaine, seconded. by Commissioner Gatto to approve Application 24-TM-77 with the 14 Standard Conditions and Condition 15, Exhibit A. AYES I NOES, Commissioners Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None Motion carried. 5-0 1. That 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 su,b- stantially and avoidably injure fish or wildlife or their habitat. MINUTES OF THE OCTOBER 10, 1977 PLANNING COMMISSION MEE!'ING PC-265 Page 15 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. 1:3. Application 2:3-U-77 of ST, JOHN'S RESTAURANT I USE PERMIT to allow placement of four game maohines in an existing building to be occupied a.s a restaurant. Sa.id property is located a.t 19541 Richwood. Drive. First Hearing. Reference was made to the October 5, 1977 staff memo regarding this proposal. Discussion of policy was to take place a.t another time. Mr. JohBerwald, 261 Creekside Drive, Los Altos, said he was represent- ing the applica.nt for St. John's Restaurant, John and Limea Carroll and his son. He stated that a project as far along as this one is should not have such additional conditions imposed, such as the staff is recommending, He said these young people have invested much money, time, and effort in this project. They do not object to the Planning Commission creating a policy but please do not make it retroactive. The three game machines are simple ancillary addition; this is not a game room. Since there were no additional comments from the audience, it was moved by Commissioner Blaine, seconded by Commissioner Adams to close the public hearing. Motion carried 5-0 Commissioner Gatto commented that three or four machines are not a principle part of this business and this use permit application should not even be be£ore the Planning Commission. The other members of the Planning Commission agreed. Upon the advice of the Assistant City Attorney, it was moved by Commissioner Gatto, seconded by Commissioner Blaine to adopt a Resolution indicating in the opinion of' the Planning Commissioners a use permit is not neoessary in this case and should be withdrawn by the applicant. Motion carried 5-0 14. Application 25-U-77 of HEWLErT-PACKARDI USE PERMIT to allow construction of Phase 2 and :3 of the Hewlett-Packard facility. Said phases involve three industrial buildings totaling approximately 467 I 640 sq. ft. Sa.id property is located at the southeast corner of the intersection of Homestead Rd. and Wolfe Rd. First Hearing. pC-265 Page 16 MINUTES OF THE OCTOBER 10, 1977 PLANNINC COMMISSION MEEI'ING The Assistant Planning Director said in 1973 a master use permit was approved. At this time the use permit application involves two key decisions. NUllber one. the relationship òf the request to the applicant's commitment to reduce the sites development potential by 11.2 acres as per the Vallco Park construotion phasing memo. Number two is the relationship of t he request to the applicant' s commitment to fund. traffic control and street construction improvements as per the Vallco Park construction phasing memo contract. Because the land use intensity has been reduced,Hewlett-Packard can be allowed to develop Phase 9-2 and 9-3 at this point. A condition should be imposed that Hewlett-Packard agree to participate in a LIV when it is needed. Chairman Koenitzer asked the amount of traffic generated. by the original proposal as opposed to this with the less intense development. The Assistant Planning Director stated. we will just have to depend on the Director of Public Works' judgment. Chairman Koenitzer asked how much worse must the traffic get before we determine there must be street improvements. The Assistant Planning Director said when it appears the traffic is reaching some threshold, then the street improvements will be required. Commissioner G&tto said when the original Vallco plan was developed, certain road improvements were required. This was all deleniated during the general plan hearing. Moved by Commissioner Blaine. seconded by Commissioner Gatto to continue Item 17. 18, 19, 20, and 5 to 7130 p,m. Wendesday, Ootober 12, 1977, Motion carried 5-0 Architect, John Erlich, representing Hewlett-Packard, said they took a three day traffic count. The primary concern was trip ends confined to 6100 p.lI. daily. 650-900 cars were allowed on the original chart. extrapolating this we come to 1500, whereas'the originá.l utrapolation was 2300. This shows a 30% deduction froll the original projection. This data was gathered August )0, through September I, 1977 by Consultant, Traffic Engineer, Lewis Larson. The II acre reduotion was based on the intensity of use of ellployee occupancy to the amount of acreage. He noted there are very large open park like areas distributed throughout the entire site. Mr. James Lyman. further explained the rationale used. Mr. Burrel Lenard, 10050 North Wolfe Road, said he is one of the principles in Vallco Park, He recommended putting this over to another night. He said he has not received copies of the staff report. Va.llco·s ownership is within the 300ft" 3/4 of the way around. the subject property. He believes the Hewlett-,Packard people are doing a very diligent job and trying to conform to the City's purposes. He is less willing to accept trip end approach than they are. Mr. Lenard said the hotel is not by any means a dead issue. He would like to be fully noticed on this issue so that the matter can be considered comprehensively. JUNlTr:as OF THE OCTOBER 10, 1971 PLANNING COMMISSION MEETING pc-265 Page l? The Ass1stant Planning D1rector stated. Valleo Puk was sent a copy of the sta.f'f report, but evidently did not get their mail delivered since this was a holida.y. Moved. by Commissioner Gatto, seconded. by Commissioner Blaine to continue Item 25, Application 25-U-77 to 71)0 p.m. Wednesday, October 12, 1971. Motion carried 5-0 ; 15. Application Z6-U-71 of KENED CORPORATION (Kenneth L. Wagner) 1 USE PmMIT to allow construction of a temporary golf driving range on the undeveloped Freeway Rt. 85 right of way. Said; property 1s located southerly of and. adjacent to Stevens creek Blvd. 1Dediately westerly of De Anza College. First, Hea.r1ng. This application was continued to November 14, 1971. 16. Application 2Ð-Z-71 of ROBERT ALARIK PEEPARI (DO-NUT WHEEL) 1 REZONING approximately .212 acres from FÌJ-2.2 (Residential, multiple, 2,200 sq. ft. per dwelling unit) to P (Planned Development with general coøunucia.l intent) or whatever zone may be deemed. appropriate by the Planning ColllÛ.ssion. Sa.id property is located at the southeast corner of De Anza. Blvd. and La.za.neo Dr, First Hearing, i I The Assistant Plalll11ng Director said this road pattern was develi:",ed in II 197). Forest Avenue was to intersect with De Anza. Boulevard and. meet the north/south roa.d - Ba.ndley Drive. The Donut Wheel is within the right of wa.y. The application tonight 1s to rezone from R)-2.2 to p(Planned Development) with general cOllllllercia.l intent. Technically it cannot be rezoned commercial and be consistent with the general plan The City Council'has directed the Planning Commission to review this issue.' From a planning point of view both the Donut Wheel and. the automobile repair facility should be demolished and. rebuilt with residential structures. The Assistant City Attorney answered. Commissioner Gatto that an eminent domain proceding for Lazaneo to go thro~ has been filed. Also, an agreement has been signed. for the agreement to be fulfilled. but then must rezone the 'properly to cOll1lercia.l. Chairman Koenitzer asked what plans there are for the remainder of the widening of De Anza. Boulevard. The Assistant City Engineer sa.1d it is in this year's budget. Mr. Robert Peeparl, Architect. for the project, 4040 Moorpark Avenue, San Jose, said this donut shop has been in this location for over 20 years and. has never received. a. complaint. He explained. the plans PC-265 Page 18 MINUTES OF OCTOBER 10, 1977 PLANNING COMMISSION MEETING for the new building were white stucco walls, white cement roof, and graphics. Development will be on only 17% of the property. 'They plan to extend the walls along Paulette Pl. and around the corner. There would be low lever lighting that would not disturb residential. Commissioner Blaine asked. the hours of operation. She was told that the 24 hour operation must keep hours of 6100 -9100 a.m. averaging about 4 automobiles at one time. Mr. Gilbert Meyer, Vice President of B.A.S. Homes, said they feel that it is essential to the integrity of the residential that their subdivision be separated from the industrial and the cOlUllercial. If the City feels it is best to allow the donut shop to continue there should be some requirements, such as a 9 ft. sound wall and heavy planting of trees that lIould. be placed behind the sound. lIall. People should have access to the donut shop from De Anza Boulevard not Lazaneo Drive, He prefers a commercial building be located. in the rear with parking close to the front of the property. Mr. Sid Berkett, said he lives in this subdivision and is the Sales Director of it. Lazaneo Drive is bound to become much busier and Mariani Avenue is going to be closed. off. The School District Offices and a junior high school are in the immed1a te ar ea.. If the Donut 1íheel stays, it should be oriented. toward De Anza. Boulevard and parldng should be up in front. Mr. 1íilliu 1íeil, stated. his donut shop is 20 years old, it is a clean quiet business. Ten years ago there were some problems with motorcycles, but that has been resolved. He answered :::ommissioner Gatto that the busiest hours are between 6130 and 10130 a,m. Trucks don't come down that way anymore, There are eight to ten cars here at the very most at one time. The noise from the police cars can be controlled very easily. Mr. Jim Tapley, JI66 Allen 1íay, Santa Clara, said he is about to become a citizen of Cupertino. He asked why Laza.neo is opening up to De Anza Boulevard. All the people are against it, The Assistant Planning Director answered. the City Council would have to go back and do a lot of changing on the trip end factor if Lazaneo were not to go through. The entire traffic network for this part of town takes this into consideration. Mr. Douglas Newey. 10151 Pargoti, said he is buying a home in the B.A.S. development. He invisions even truck traffic using Lazaneo Drive. This property has been zoned residential for some time now. Noise, lighting, and signing should be oonsiderations, Mr, Jim McAuley, 1128 Rolling Hill, said he will be living in one of these homes also. He would like both the donut shop and the auto repair business to go, He said trucks do stop there. Mr. Louis Paviso, owner of the garage, said this has been a commercial business at this location for 66 years, and will stay for another 33 years. MINurES OF OCTOBER 10, 1977 PLANNING COMMISSION MEEl'ING He was there first. He said anybody who would buy a house next door to his garage is stupid. I i Mr. Antone I.alfnich, said he Ifill' have an interezt in one of the B,A,S I Homes. He felt the staff for the most part does an excellent job. For I the sake of the donut shop he hopes the cltlzens"wlll be able to reserve entry to the shop not in conflict along De Anzá Boulevard. He says the I sound wall does not do the job. The noise is not generated by the Donut Wheel nor the auto repair shop but by the traffic along the Boulevard. Mr. G. Walters, said future homeowners in this area on the south end of Paulette are concerned about traffic on Lazaneo if it goes through to De Anza Boulevard. He would like a defenition of 101f intensity lighting.for that parking lot. He would be in favor on an ent:rrance onto De Anza Boulevard. He would like to know what the policy is for signing. Chairman Koenitzer informed Mr. Walters that most of his questions will be covered during the H-Control meeting. Mr. Walters closed with the statement that the 24-hour operation does not sit well with him and he Ifould prefer that Lazaneo not go through to De Anza Boulevard. - Mr. Tom Stelfart, Saratoga Avenue, Santa Clara, said he was not in favor of the City having a long range plan. He said he cannot except the drivelfays of the donut shop anywhere but on De Anza Boulevard. Moved by Commissioner Adams, seconded by Commissioner Blaine to close the public hearing. Motion carried 5-0 Commissioner Catto said the planning effort that took place in the City are the results of a lot of publicinput~ This information should be made available to nelf home buyers so they can realize how this can come about. From a planning standpoint, Commissioner Gatto said he Ifould have to concur with the staff. The integrity of that area was to look at integrated plans, There is no commercial Ifhatsoever in the original general plan. This was modified to permit the restaurant dOlfn by Four Phase Systems. He Ifould opt f9r changing this from H) to HI from an equity standpoint the City Council will have to make this decision. Commissioner Markkula agreed with Commissioner Gatto'but for different :çeasons. He said the reason we have planning is to try to soften the b101f. He believes the donu'o shop and the garage should be zoned residential. In agreeing they are going to create a long stretch where there are no· breaks except for the garage. This could create a safety hazard if someone decides as they are driving dOlfn Stevens Creek Boulevard that they Ifant to stop at the donut shop. Commissioner Blaine had no great difficulty making a decision here. She said the Donut Wheel has been an asset to the community for many years. She couldn't imagine anyone Ifanting to live in a house at that busy corner, She wondered if possibly the Paviso garage screened some of the noise from De Anza Boulevard. From a planning point of pc-265 Page 19 pC-265 Page 20 MINUfES OF OCTOBER 10, 1977 PLANNING COMMISSION MEETING view this all should be residential, she agreed. But if the garage is going to be there for )0 more years, it does not seem to be good planning to put a house next door to the garage. Her decision on that point, hinges on what is going to happen to Mr. Paviso's garage. ~The Assistant City Attorney advised the garage could stay there a minimum of 10 years and up to )0 or 40 years. , Commissioner Markkula said Mr. Weil has been made aware tor a least 5 years of the City'S plan :for this property. We have tried to so:ften the blow. Chairman Koenitzer believes that who have been here a long time. will cause that much traf:fic. A disruptive. some oonsideration is due the people He does not believe the donut shop small commercial use here will not be Moved by Commissioner Adams, seconded by Commissioner Blaine to reopen the public hearing. Motion carried 5-0 Susan Ha, 6921 Dartmore Way, San Jose, said the owners o:f the B.A.S. Romes have to look 1,000 years ahead not just )0 years. She has a )0 year loan on her property. Moved by Commissioner Markkulà, seconded by Commissioner Gatto ~o_close the public hearing. Motion carried 5-0 Moved by Commissioner Adams, seconded by Commissioner Blaine to recommend to the City Council approval o:f Application 20-Z-77 subject to Conditions 1-18 deleting Condition 15 in the staf:f memo o:fOctober 7,1977. AYES. NOES. Commissioners Adams, Blaine, Chairman Koenitzer Commissioners Gatto, Markkula Motiüü carried 3-2 ADJOURNMENT Chairman Koenitzer adjourned this meeting at 1.)0 a.m. to 7.)0 p.m. Wednesday, October 12, 1977. APPROVED: ATTEST: flt~~ WID. E. Ryder