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PC 09-21-77 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino. 95014 Telephone: 252-4505 PC-264 Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING CO~~ISSION HELD ON SEPTEMBER 21, 1977 IN THE COUNCIL CHk'1BERS, CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG The meeting was opened at 7:33 p.m. by Chairman Koenitzer with the Salute to the Flag. 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 Engineer Whitten Assistant Planner Piasecki APPROVAL OF MINUTES: Minutes of regular meeting of August 8, 1977. Page 6, paragraph 10 delete the word "pratically speaking", last paragraph,the 1st sentence should read "if and when it ever is it should not be more than a total of 1,100 people in this planning area" Page 8, first paragraph, first sentenc~delete the word creek, second paragraph add the word "tower" at the end of the last sentence. Page 4, Sth paragraph from the bottom, second line after the word listed add "on the unrevised list". Page 2,the motion just before Item 2 delete "September 12" anå replace with "October 10". Page 9,paragraph 7 should be reworded as asked if clustering had been considered. development is difficult here because of follows: Commissioner Blaine Mr. Cecchi stated convention 1 the features of the land. Moved by Commissioner Adams, seconded ,by Commissioner Blaine to approve the Minutes of August 8, 1977, as amended. Motion carried 3-0-2 Comm. Gatto and ;·!arkkula abstained. Minutes of the regular meeting of August 22, 1977, page 7 paragraph S thegentleman's name is spelled Balch, page 9 paragraph I on lines 1 and 3 change "PQ" to "BQ", page 14 paragraph 2 line 2 delete PC-264 Page 2 MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING "access" and replace with "hazards". Moved by Commissioner Adams, seconded by Commissioner Markkula to approve the minutes of August 22, 1977 as amended. Motion carried 4-0-1 Comm. Blaine abstained POSTPONEMENTS: None ORAL COMMUNICATIONS: The Assistant Planning Director proposed another item be placed on the agenda at the end of the public hearing. WRITTEN COMMUNICATIONS: a. Letter from Mr. Louis Stocklmeir b. Letter from Mr. B. W. Lewis c. Letter from the Water District in regard to Stevens Creek at Blackberry Farm. PUBLIC HEARINGS: 1. CITY OF CUPERTINO: Public Hearing to consider a specific general plan for the area bounded by Freeway Route 85 on the east and Byrne Avenue on the west and consideration of a street plan line for Stevens Creek Blvd. between Freeway Route 85 and Ridgeway Drive (entrance to De Anza Oaks residential development). First Hearing continued. Chairman Koenitzer sa~d this public hearing would begin with the land use in the Old Monta Vista area, then the Plan Line, and hopefully a decision would be reached at this ,meeting. This discussion wou¡d end at approximately 10:30 p.m. so the other public hearings on this agenda may be heard. The Assistant Planning Director said two areas were going to be reviewed: The commercial district and mixed industrial and commercial store front area the second is the residential use in Old Monta Vista. This area is bounded on the west by Blackberry Farm and on the east by the railroad tracks and Freeway 280, on the north by University Avenue and on the south by McClellan Road. The Assistant Planning Director reviewed the staff's newest exhibit depicting specific types of land uses for this area. Three exhibits used were the master plan,residential densitY,existing land use types. Since there were no comments from the audience at this pOint,he went on to revi the staff 's proposal for commercial in the Old Menta Vista area (commerci~_ store front, industrial). MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING PC-264 Page 3 Mr. Louis Stocklmeir, 22120 Stevens Creek Blvd., asked if anyone ever thought about the possibilities of an entrance to Blackberry Farm at the bottom rather than at the top of the hill. In 1882 it had a grand entrance right where the restaurant stands now. He said there could be a road following the creek to the entrance to Blackberry Farm. This would eliminate some of the difficulties we are nOW running into with access at the top of the hill. Ann Anger, Monta Vista resident, said she has to concur with Mr. Stocklmeir. Blackberry Farm is good for Cupertino but perhaps it has become too big. All summer long there is traffic congestion backing up into the neighboÐhood residential streets. She said a group of interested people appointed a few persons to go to Sacramento to speak to the extension of Freeway 85. Mrs. Anger would like to see a road from Blackberry Farm go directly to Stevens Creek Blvd. She had approached the flood control people who indicated this would pose no problem. She believes Blackberry Farm has over extended themselves, They do not have enough parking, they rent to large organizations, they are not very successful' with their plan for a shuttle bus to bring the people to Blackberry Farm from the high school parking lot. Mr. Wes Williams, said he lives on Byrne Avenue in Old Monta Vista. He believes the people are tired of being crowded together. The Hahn property is zoned for 0-4.4. He said Monta Vista was one of the last places where he could find a house on ~ acre. He is the president of the Monta Vista Homeowners Association. He is in favor of the widening of Stevens Creek Blvd. because it will close off Byrne Ave. Orange Ave. and Byrne Ave. are major streets for children walking to school. These are 30 to 40 ft. wide streets and are now heavily traveled and dangerous for the school children. Mrs. Hazel Nill, 10080 Peninsula Ave., said she is now living at 21816 Alcazar while improvements are being made to her other property. She commented on the heavy traffic along Byrne Ave. by the Blackberry Farm visitors. She does not believe a private enterprise should be allowed to invade the residential areas. Commissioner Gatto said he believes the basic layout by the staff is acceptable. He would like to add a policy statement where an existing property owner would be allowed to remodel or rebuild if his present structure were burned down, at the same density. Commissioner Adams is an improvement. be a help. said the change of the commercial, industrial mix It is obvious that the closing of Byrne Ave. will Commissioner Markkula is in favor of this land use and proposed zoning but is somewhat concerned about the cul-de-sac especially if there is a need for emergency vehicles in this area. The Assistant Planning Director said the diverter system would block cars and ambulances. The City has developed some barriers that could be knocked down if fire trucks need to get into the area. PC- 264 Page 4 MI~~TES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING Commissioner Blaine said she likes the modified plan better. She believes the Hahn property should be 0-4.4 density as it is next door. She has one concern here in regard to the Cannery that some people believe has historical significance. She pointed out that some cities have restored this type of structure and made into commercial use such as in San Francisco and Campbell and Monterey. The Assistant Planning Director said the City would have to adopt an ordinance similar to one which Los Gatos has adopted. He added that the Cannery is on Measurex property. Measurex has been made aware of this interest. Commissioner Gatto asked if the staff has had discussions with Blackberry Farm in regard to access to Stevens Creek Blvd. The Assistant Planning Director answered that the plan, line proposal directly affects Blackberry Farm. Granada is the only new street that will be accepted. Chairman Koenitzer is concerned that the increased density zoning -would encourage the property owners to rebuild to maximize their property worth. We would just be encou~aging the tearing down of existing structures and the building of multiples. Mr. Williams said this is ,not a low housing area. Mrs. Nill said she is in the process of upgrading her property at Peninsula and Granada. She said people are looking for small houses in good condiiton on small lots. Every time she goes over to her house there, many people stop to ask if she is interested in selling. Ann Anger said she agreed with Hazel Nill. She would not like to encourage duplexes here unless the owner lives in one unit and rented out the other. With six units or more there is usually a manager who takes care of things. With two renters in a duplex you have a "instant slum";the absentee landlord is the downfall of the community. The Assistant Planning Director stated that all new developments on Peninsula Ave. will be single-family. Policy statement: ÿrËfËrrËd mode is Rl for this district. The Assistant City Attorney answered plan is by nature a loose document. statements. Commissioner Blaine that a general Policy statements are supportive Chairman Koenitzer called a recess at 9:20 p.m. The meeting reconvened at 9:33 p.m. Commissioner Blaine said she could not go along with the statement that this should be single-family homes. This area could support apartments if done in a good manner. She agreed some apartments and some single- family homes do become deteriorated. She is not convinced this would happen necessarily. MINTUES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING PC-264 Page 5 Chairman Koenitzer said the Hoo Hill area should be discussed next. The Planning Commission feels that setting a plan line for Stevens Creek Blvd. is very important. The Assistant Planning Director said the Planning Commission determined four lanes would be appropriate in this area. They further determined the trees on Mr. Stocklmeir's property should be retained. These trees could be saved within the slope line using modern engineering techniques. The question has arisen whether each tree is important with its historical significance. Or if the grove of trees is more important. Colored slides of Hr. Stocklmeiis property showing the trees on the south side of the road near Scenic Drive were displayed on the screen. Mrs. Patti Brisco asked why the mature trees on the north side of Stevens Creek Blvd. were not also shown.' She was told that those trees would have to go in any case if Stevens Creek Blvd. is widened to four lanes. Commissioner Markkula was told by the Assistant Planning Director there is a total of 7 trees involved in the fill and widening. All but the pepper tree west of Scenic Drive could be saved with the proposed opt~on. The Brisco swimming pool could have some kind of retaining wall. The Assistant City Engineer said it is difficult to weigh cost against trees. Ann Anger feels it would be fair to see pictures of the north as well as the south side of Stevens Creek Blvd. Chairman Koenitzer noted that both plans would take the trees on the north side so nothing would be accomplished. We all are familiar with the area. Patti Brisco said th11 plan was devised by engineers who do not live in this area. She contend that her proposal should also be on the bulletin board. She said ~he put forth great effort to prepare it and had submitted it to the City some time ago. Mr. Mike Bullock, 21831 Hermosa Avenue, said mass transportation played a big part in our history. He noted that ~eneral Motors Corporation purchased our trolley lines. 'He said a letter was sent to the Assistant Planning Director from traffic consultant Goodrich. He had critique the letter. It is Mr. Bullocks contention that Mr. Goodrich over estimated the traffic. He said the costing document does not consider that the land could be sold to the public. He asked what kind of price can you put on a tree. After this plan line is approved he believes things are going to happen very fast. Steven" Creek Blvd. will be widened by the railroad tracks. It is claimed that this will make it safer but he does not agree. New subdivisions are built with wide streets which will encourage more traffic. PC-264 Page 6 MINTUES OF SEPTEMBER 21, 1977 PLANNING CO~WISSION MEETIt~ Moved by Commissioner Adams, seconded by Commissioner Blaine to continue this public hearing on the Stevens Creek Blvd. widening to October 24, 1977. Motion carried 5-0 Mr. Stocklmeir commented that the next meeting he wants to review his entire 10 page letter which should take up one hour. 2. CITY OF CUPERTINO: GENERAL PLAN AMENDMENT (2-GPA-77) to amend the land use element of the general plan. First Hearing continued. The Assistant Planner Piasecki reviewed the September 16, 1977 staff report including Policy Numbers 1 and 2 and the proposed resolution for Areas 1 and 2. View graphs were shown on the screen. Policy No. I Owners of contiguous, substandard legal lots of record (i.e. legal lots of record which do not conform to the density provisions of the General Plan), shall have the ability to consolidate or reconfigure said lots even when said consolidation or reconfiguration does not conform to the density requirements of the General Plan. Said consolidation or recon- figuration shall be considered only when it results in a more logi~al development pattern (e.g. improves access to one or more of the parcels involved, provides a more logical pad or lot size to accommodate potential building locations), and when it is determined that it is generally con- sistent with the character of the surrounding neighborhood. In any case, the property involved in such a request must be appropriately zoned even if said zoning does not strictly conform to the density limitations of the General Plan. The above statements shall not be interpreted to pre-empt any of the adopted policies of the Land Use Element of the General Plan. In no case shall a consolidation or reconfiguration be approved when it results in a number of lots or potential number of dwelling units which exceeds the n~ber ~f legal lots of record existing at the time of the req ues t. Policy No.2 Residential land uses may'be initiated in areas designated for Quasi- Public uses without amending the General Plan. The introduction of said uses shall require appropriate zoning changes and shall be reviewed for their general consistency with the character and density of the surrounding neighborhood. ' Area 1 - 30.33 acres located, as shmvn on the attached Exhibit A, on the southwest corner of the intersection of Junipero Serra Freeway and Foothill Boulevard, to be designated residential 0-4.4 dwelling units per gross acre, with the exception of the existing Foothill Christian Center located on the south- west corner of Foothill Boulevard and Cristo Rey Drive, which is designated for Quasi-Public uses. MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING PC-264 Page 7 Area 2 - This site involves 2.3 net acres located as shown on the attached Exhibit B, which is designated for Planned Professiona Office/Residential 4.4-7.7 dwelling units per gross acre. The Assistant City Attorney said he has a problem with several of the sentences in this amendment. Mr. Richard Childress, 22025 Regnart Road, stated that he originally planned to make his lot and an adjoining larger. This matter has been before the Environmental Review Committee and was approved subject to approval of these policy statements. Chairman Koenitzer advised Mr. Childress to consult with the staff about how to get his project on the agenda. Mr. Rich Hahn (Oxbow), 1063 Velvadir, know where they stand at this point. policy is, adopted there is 'no way the on these applications. San Jose, said he would Chairman Koenitzer said Planning Commission can like to until a proceed Moved by Commissioner Gatto, seconded by Commissioner Blaine that the policy as presented in the staff memo of September 16, 1977 be forwarded for processing by the Environmental Review Committee with elimination of the second sentence. Motion carried 5-0 Areas 1 and 2 on the master plan were discussed next. The Assistant Planner said there is a proposal to permit 0-4.4 units per acre in Area 1. Commissioner Gatto pointed out in no way,shape or form that this discussion involves annexation. Mr. Ray Valch, 12361 Sunnyvale-Saratoga Road,said he has 7 of the 30 acres under discussion. He read a letter he had prepared opposing annexation of his property by the City of Cupertino and the deannexation from Los Altos. The Assistant Planning Director answered Mr. and the Director of Planning and Development general plan policy statement for this area. Mr. Valch's letter to them. Valch that the City Manager have been working on a He offered to submit Mr. Robert Sharman, 1014 Hollenbeck Ave., Sunnyvale, asked that the General Plan is flexible. The Assistant City Attorney answered it depends on the type of General Plan. Moved by Commissioner Gatto, seconded by Commissioner Adams that the staffs r¿cûmm¿ndation of 0-4.4 for Area 1 be adopted. Motion carried 5-0 Area 2 was discussed. The Assistant Planner said the applicant has submitted a diagram of his proposal. It was on the bulletin board. PC-264 Page 8 MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING Mr. Howard Ruth Jr. of Los Altos said this property is unique with its 660 ft. frontage. He would like to make this more residential in nature rather than a complex type development. He has owned this property 14 or 15 years. He recommended the Planning Commission adopt the staff report because it is compatible with adjacent properties. He answered Commissioner Adams that the yield would be IO units per acre with a total of 28 units on the property. Commissioner Gatto said allowing a higher range does not automatically allow the maximum number of units. Perhaps the initial action that allowed a maximum of 7.7 was too res~rictive. He would be willing to put the upper limit at 12 units per acre. Commissioner Blaine noted that this is an area where people can walk to stores,schools,the library and professional services. If done properLY the residential density could go higher here. It was rioted that the people on Silverado Avenue should be notified of the public hearing on this. And if it is recommended 12 units per acre, it must be considered by the Environmental Review Committee. Moved by Commissioner Gatto seconded by Commissioner Blaine that the General Plan Amendment should reflect a density range of 4.4-12 dwelling per gross acre in Area 2. Motion carried 4-1 Chairman Koenitzer dissented Mrs. Rose Giddings, 20375 Silverado Avenue, said she has looked at condominiums in several areas. The new ones were very nice; the older ones were very bad. The turnover is high and with each resale they seem to go down hill. They create excessive traffic. Neighboring properties have gone down 5 to 7% when they are adjacent to condominiums. She would like to know what the tax base is on commercial professional offices in condominiums. She would also like to see an Environmental Impact Report prepared on this proposal. She said the plan looks like there will be tennis courts and swimming pools directly behind her home. This would be noisy. At this point Commissibner Adams said he would like a recall on that motion. The Assistant City Attorney said this could.be done but he noted that the applicant had already left the meeting. Commissioner Adams said that if he could he would vote against it. It was noted that next month this will go to the Environmental Review Committee and back to the Planning Commission in October. 3. ,CITY OF CUPERTINO: Public Hearing to consider an amendment to Ordinance 686, Fence Ordinance, establishing new regulations affecting fence setback lines on street sides of corner lots. First Hearing continued. MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING PC-264 Page 9 Moved by Commissioner Gatto, seconded by Commissioner Blaine to continue the public hearing on the Fence Ordinance to October 24, 1977. Motion carried 5-0 4. Application 13-Z-77 of STARCREST INVESTORS, INC.: REZONING approximately 1.87 acres from P (Planned Development with Recreational/Entertainment and related commercial intent) to P (Planned Development with Recreational/Entertainment and limited commercial intent) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southeast corner of the intersection of Homestead Rd. and Stelling Rd. (Returned to Planning Commissio for report from City Council meeting of September 6.) The Assistant Planner Piasecki said the City Council would go along with this if Condition 16 is deleted. The staff feels the Planning Commission should have that discretion. Since there were no comments from the audience it was moved by Commissioner Gatto, seconded by Commissioner Adams to close the public hearing. Motion carried 5-0 Commissioner Gatto commented that he likes the staff's position, Chairman Koenitzer agreed. Moved by Commissioner Blaine, seconded by Commissioner Gatto to submit a report to the City Council that the Planning Commission does not want to eliminate Condition 16 (b) for reasons discussed previously. Motion carried 5~0 5. Application 20-U-77 of VALLCO PARK, LTD.: USE PERMIT to allow change of use in first story of existing office building to pre-school. Said property is located adjacent to and southerly of Pruneridge Avenue approximately 1,100 ft. easterly of Wolfe Rd. First Hearing continued. The Assistant Planner Piasecki said the staff had met with the applicant and revised the traffic study and is now comfortable with it. The Assistant City Engineer said he has received traffic information at 7:30 tonight so there was no time to notify the Planning Commission in writing. The staff is now satisfied with the input. It will add cars between 5:00 and 6:00 p.m. to Wofle Rd. and only one car in a southerly direction. The Assistant Planner said the staff has recommended a 3 year temporary use permit but with the new input they recommend the staff review the traffic report in one year. The Assistant City Engineer said this involves 250 to 300 pre-school children, 2/3 of the homes will be dropped off by the parents who work in Vallco Park. PC-264 Page 10 MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING Since there were no comments from the audience it was moved by Commissioner Blaine, seconded by Commissioner Gatto to close the public hearing. Motion carried 5-0 Moved by Commissioner Blaine, seconded by Commissioner Adams to approve Application 20-U-77 with the 14 Standard Conditions, Condition 15-20: 15. That the approval is based upon Exhibit A of Application 20-U-77 as may be modified by additional conditions contained herein. 16. The staff shall review the traffic generated by the project in one year . 17. The approval is for a day care school facility which will occupy approximately 15,OOO sq. ft. of the first floor of Building 40, as described in the approved site plan labeled Exhibit A. The maximum capacity of said school shall not exceed 300 students. Said approval is granted for a period of three years from the date of approval by the City Council and shall automatically expire unless renewed by the applicants. 18. The applicant or their successor in interest shall participate in street improvements required by the Construction Phasing Memo for Vallco Park, as revised, which is a part of the Core Area General Plan Amendment adopted by City Council Resolution No. 3592 as amended by the City Council Resolution No. 4097. The participation shall be in the form of a local improvement district, or by direct participation if all affected property owners agree. The applicant's share shall be determined in the manner prescribed by law for a local improvement district and applicant's consent to such district shall be irrevocable. The applicant shall enter into such a district upon ninety (90) days advance notice by the City. 19. That the property owner/developer shall provide tenants with a 'written notice regarding potential traffic problems within the Vallco Park area. Said notice shall stipulate that the City reserves the right to review traffic conditions within the area at any time in the future and should the City determine that constraints to ensure proper traffic movement is necessary, the City may impose the appropriate constraints. This may take the form of staggering of work hours by tenants, modification of hours of operation, or an organized car or van pooling program and County transit bus pooling program. A copy of said written notice shall be signed by the lessee and forwarded to the City prior to occupancy of the buliding. 20. That the applicant/owner or his successor shall ensure that all future lessees of building receive a copy of the conditions of approval for this use permit. MINUTES OF SEPTEMBER 21, 1977 PLANNING COMMISSION MEETING PC-264 Page 11 Motion carried 4-0-1 Commissioner Gatto abstained because he was not present at the original public hearing. 1. That the use or uses are in conformance with the general plan and is not detrimental to existing uses or to uses specificall 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 neighbor- hood. UNFINISHED BUSINESS: Mr. Noorudin Billawalia wanted to discuss a portion of the Town Center. A view graph was displayed on the screen. The general plan calls for professional offices with related commercial. Mr.Billawalla said we represent the property owner next to the Pacific Bank who would like to consider a dinner restaurant on his property. Presently there is a small delicatessen on Town Center Lane serving employees in the Town Center. The Assistant Planning Director said two years ago the Planning Comm- ission defined related commercial as service oriented but not a sit down restaurant. He said Mr. Billawalla would prefer to hear this from the lips of the Planning Commissioners. Mr. Billawalla said it is good to have a large dinner restaurant like the Velvet Turtle in Town Center. It brings people to the Town Center at night. Commissioner Gatto said the Planning Commission has never considered a restaurant as described to fit into "related commercial". He would like to give more thought to this however. Commissioner Blaine said she would prefer to leave this property as professianal office. Commissioner Markkula said he has not made up his mind on this issue. Commissioner Adams said he agreed with Commissioner Gatto. Chairman Koenitzer would like to give more thought to this proposal. The concensuS was it would require an amendment to the general plan.