Loading...
PC 09-12-77 CITY OF CUPERTINO, STATE OF CALIFOFllIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 PC-263 Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON SEPTEMBER 12, 1977 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE nAG The meeting was called to order at 7:30 PM by Chairman Koenitzer with the Pledge of Allegiance. ROLL CALL Comm. present: Comm. absent: Blaine, Markkula, Chairman Koenitzer Adams, Gatto APPROVAL OF MINUTES: Moved by Commissioner Markkula seconded by Commissioner Blaine to continue the minutes of August 8, 1977 and August 22, 1977 to the next regular meeting. Motion carried, 3-0 . POSTPONEMENTS: Moved by Commissioner Blaine seconded by Commissioner Markkula to remove Item No.8, Devcon Construction Incorporated from the calendar per the applicant's request. Motion carried 3-0 WRITTEN COMMUNICATIONS: 1. Letter pertaining to General Plan Amendment (2-GPA-77) Woelffel-Brown property. The staff indicated they are requesting 44 units rather than 36 on the 10.5 acres. In the transition area between the urban pattern of the valley floor and the hillside area, the staff recommended against the proposal. ~ The applicant, Mr. H. Delgatto wanted to speak to his application. He said this property is bounded on the north by the railroad, on the south by Stevens Creek Blvd., to the west the Kaiser Plant. He said this is not hillside terrain. Chairman Koenitzer explained to the applicant that the City PC-263 Page 2 City of Cupertino MINUTES OF SEPTEMBER 12, 1977 PLANNING Cm,nllSSION MEETING went through some very extensive public hearings on this General Plan. At that time, it was decided this property would be classified for hillside with 3.5 units per acre. Traffic study and traffic flow were considered. The Planning Commission sees no evidence to substantiate this request. Moved by Commissioner Blaine, seconded by Commissioner Markkula to adopt a resolution to be forwarded to the City Council that the Planning Commission does not feel there is reason to hold a General Plan public hearing for this property. Motion carried 3-0 ORAL COMMUNICATIONS: None PUBLIC HEARINGS: I. Application 15-TM-77 and l7-U-77 of B.A.S. HOMES, INC.: TENTATIVE MAP to subdivide approximately 10.6 acres into 25 single-family lots; USE PERMIT (17-U-77) to allow construction of 25 single-family homes in a planned development zone. Said property is located easterly of and adjacent to Beardon Drive at the northeast corner of the intersection of Beàrdon Drive and Green~eaf ,Drive in a P (Planned Development) zone. First Hearing continued. Assistant Planner Steve Piasecki said several major questions had been raised here: 1. Does this interface with the north Stevens Creek Blvd. Conceptual Plan? 2. Does it add vitality to the area? He went through the colored slides and described the view graph illustrating the possibility of types of development for this property. He said he learned that companies in either Sunnyvale or Mountain View are offering cash incentives in a form of down payment on homes to entice their employees back east to transfer out here, due to the high cost of homes here. Chairman Koenitzer pdnted out that this site has sold 28 trips to Tymshare. He would like the City to seriously consider before allowing this selling of trips from undeveloped land. He believes that a street connecting Beardon and Mariani should be creat therefore, Mariani should be extended to Greenleaf Drive. The Director of Planning and Development said that when we adopted the North De Anza Blvd./Bandley Dr. Plan Line these points were discussed. It was decided after public input to make it as d1ff<~ult as possible for the industrial traffic to go through residentia~ streets in this area. Chairman Koenitzer said at that time we were thinking in terms of industrial for this propert~ not residentia] MINUTES OF THE SEPTm!BER 12, 1977 PLANNING COMMISSION MEETING PC-263 Page 3 Mr. Dick Cecchi , representative from MacKay and Somps,said they met with the staff last spring in regards to this property. At that time, the staff indicated its desire to have residential in conventional pattern on the westerly portion and at the easterly side of Band1ey Drive should go to higher density. Hr. Cecchi believes his plan successfully interfaces the residential with the industrial. He said they use less trip ends than allocated for the property; the balance of which could be transferred to the property to the east. He submitted a light modification to the proposal which will open up the property to Bandley Drive. This will provide a landscaped street on Bandley that would be maintained by the property owner. Mr. Cecchi answered Commissioner Markkula that the original plan was to put a masonry wall along Bandley Drive. This was changed. Chairman Koenitzer asked for comments from the audience. There were none. Moved by Commissioner Markkula, seconded by Commissioner Blaine to close the public hearing. Motion carried 3-0 Commissioner Blaine expressed concern about the housing situation in Cupertino and the entire Santa Clara Valley. She said we are providing housing for executives in this area but not for workers on all levels. This property being discussed is close to jobs and to shopping. It is also close to elementary and junior high schools. She was inclined to consider high density residential here. We have not yet addressed the, question of how many people who live in Cupertino also work in Cupertino. She would like to continue this application until after the joint meeting with the City CounciL Commissioner Markkula is concerned that this particular area is not the kind of area where we can expect executive type homes. It would seem more logical to him to have a combination of higher density houses and industrial on this property. Mr. Cecchi said they have to have a decision one way or the other from the Planning Commission at this time. Commissioner Blaine said she likes the combination of single-family residential near the Garden Gate area, and higher density on the property facing Bandley Drive. She would like to see the high density opened up to Bandley Drive so the solid wall would be deleted. She would like to see some way for the children to get to school easily. Commissioner Markkula would prefer to see high density and industrial toward Valley Green Drive so the undeveloped portion could go all light industrial. Chairman Koenitzer said this property will set the guideline for the entire property on the west side of Bandley Drive. Moved by Commissioner Blaine, seconded by Commissioner Markkula to recommend to the City Council denial of Application 15-TM-77. PC-263 Page 4 I MINlTrES OF THE SEPTEMBER 12, 1977 PLANNING COMXISSION MEETING AYES: NOES: ABSENT: Commissioners Blaine,Markkula, Chairman Koenitzer None Commissioners, Adams, Gatto Motion carried 3-0 Moved by Commissioner Blaine, seconded by Commissioner Markkula to deny Application 17-U-77. i AYES: I NOES: I ABSENT: I I i I I Commissioners None Commissioners Blaine,Markkula, Chairman Koenitzer Adams,Gatto 3. CITY OF CUPERTINO: Public Hearing to consider an ordinance regulating the installation of septic tanks and drain fields for individual sewage disposal systems. First Hearing continued. Mr. Hildebrand from the County was thanked for clarifing all points raised at the last public hearing. Chairman Koenitzer asked for comments from the audience. There were none. Moved by Commissioner Markkula, ,seconded by Commissioner Blaine to close the public hearing. Motion carried 3-0 Moved by Commissioner Blaine, seconded by Commissioner Markkula to recommend to the City Council adoption of this ordinance as proposed in the 5th draft dated August 19, 1977. AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Motion carried 3-0 4. Application 2-E-77 of RICHARD C. DAYTON: EXCEPTION to allow the construction of a 6-foot fence within a required front yard setback. Said prop~rty is located at 11236 Bubb Rd. First Hearing. Director of Planning and Development Sisk said there is a quasi judicial position before the staff at this time. The applicant submitted some additional information in a letter in regard to safety in backing out of the driveway. He also submitted photographs substantiating his position. The staff does not believe the findings necessary for granting an exception has been met. Mr. Richard Dayton, 11236 Bubb Road, Cupertino, said that since they have purchased their home 6 years ago, many new homes have been built in his area. The noise level inside and outside his home is substantially pÇ-2é3 u'lge 5 MINUTES OF THE SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING increased. He said if they build at grade level of his home they would have to bring in 70 cubic yards of dirt. The garage was built in 1949. They plan to add on to the front of their house. Colored slides were shown demonstrating there is no safety hazard caused by the proposed fence. He said the extraordinary circumstances are that he has a 600 sq.-ft. house:,and a 9,000 sq. -ft.'lot,,·arid that'viSibility from the street poses a problem. There is too much traffic on Bubb Road. The placement of their garage on the property causes a problem. Chairman Koenitzer questioned whether a redwood fence would be an effective sound barrier. Mr. Dayton said he will put dense scrubs around the fence as well as trees. The Director of Planning and Development said an 8 ft. fence in the back yard is allowed subject to the neighbors agreement to it. Chairman Koenitzer asked for comments from the audience. There were none. Moved by Commissioner Blaine, seconded by Commissioner Markkula to close the pubic hearing. Motion carried 3-0 Commissioner ßlaine commented that she does not feel the proposal would make any difference in the noise level here. Commissioner Markkula said he was trying to consider both sides. There are many homes along Bubb Road with fences similar to the proposed one. Folkstone is a extremely dangerous street. He believes there must be other ways to solve this problem, and he f¡s concerned that 1£ this is approved it will set precedent. Chairman Koenitzer believes there are other solutions to the problem. He does not believe there are grounds for an exception. Moved by Commissioner Blaine, seconded by Commissioner Markkula to deny Application 2-E-77. AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto The applicant was informed of his right of appeal to the City Council in writing within five days. 5. Application l5-Z-77 of BILLY J. BAXLEY: PREZONIN3 approximately 1.05 acres from Santa Clara County Rl-lO (Residential, single-family, 10,OOO sq. ft. per dwelling unit) to City of Cupertino RI-lO (Residential, single-family, 10,000 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commiss~on. Said property is located adjacent to and westerly of San Felipe Rd. at the terminus of Alcalde Rd. First Hearing. MINUTES OF THE SEPTEHBER 12, 1977 PLANNING COI1MISSION MEETING Since the applicant was not yet present, it was moved by Commissioner Blaine, seconded by Commissioner ;1arkkula to continue 15-Z-77 to the end of the agenda. A member of the audience,Mr. Al Knowland,said he lives at the end of Sán Felipe Road. He was told the applicant probably wants to develop his property and he wanted to hear the proposal. He was told that since the applicant was not present it has been postponed. Motion carried 3-0 6. Application 17-Z-77 of JOHN P. OOZIER: PREZONING approximately 3.29 acres from Santa Clara County A (Agricultural) to City of Cupertino Rl-IOO (Residential, single-family, 100,000 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the western terminus of Lindy Lane. First Hearing. The Director of Planning and Development reviewed the September 1st staff report. He said this is presently under County jurisdiction. It is an existin~ lot of record. Commissioner Blaine noted that under the slope-density formula there probably would not be more than one unit permitted here. The Planning Director said if at a later date they wished to put another unit on this property they would have to rezone it. Mr. John Dozier, 22001 Lindy Lane, said he lives across the street from the site. He has said he has no intention of subdividing this property; he just wants to construct one house on the site. Chairman Koenitzer asked for comments from the audience. There were none. Moved by Commissioner Markkula, seconded by Commissioner Blaine to close the public hearing. Motion carried 3-0 Moved by Commissioner Markkula, seconded by Commissioner Blaine to recommend to the City Council approval of Application 17-Z-77. AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Motion carried 3-0 It was noted this goes to the City Council October 3, 1977. Chairman Koenitzer called a recess at 9:30 p.m. The meeting reconvened at 9:45 p.m. I ¡ 1 I i ! i i 1 1 I PC-263 Page 6 PC-263 Page 7 MINUTES OF THE SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING 7. Application 18-U-77 of ANDREW P. JARA: USE PERMIT to allow construction of an office building containing approximately 9,800 sq. ft. in a P (Planned Development) zone. Said property is located adjacent to and southerly of Pacifica Drive approximately 110 ft. easterly of De Anza Blvd. First Hearing. Assistant the staff bulletin Planner Steve Piasecki report of September 2, board. reviewed the proposal as detailed in 1977, along with the exhibits on the Architect Andrew Jara, 3640 Grand Avenue, Oakland, said he agrees with all but three items. It has been their experience that wherever they put an overhang over their landscaping quite a bit of damage occurs. They prefer to use car bumpers. In regard to Condition 16, the masonry wall - he feels this should be the obligation of the developer of the property because it would be to his benefit. In regard to Condition 17, the asphalt berm - he believes something can be worked out without these conditions. He offered to answer any questions of the Commissioners. He assured the Planning Commission this landscaped area will be maintained. Commissioner Blaine asked if there is some way other than the use of car bumpers to keep the cars from overhanging the landscaped area. There was no direct answer to this question. Chairman Koenitzer said that he does not feel the architecture facing the street is particularly distinguished. The trash enclosure should be moved to the west, away from the homes. The number of signs will depend on the City Ordinance and H-Control approval. He asked for comments from the audience. There were none. Moved by Commissioner Blaine, seconded by Commissioner Markkula to close the public hearing. Motion carried 3-0 Commissioner Blaine agreed with the applicant in regard to Condition 16 that the one who needs the masonry sound wall is the one who should have to put it in. Further, Condition l7'could be reworded. Commissioner Markkula agrees with Chairman Koenitzer in regard to appearance of the front of the building. This responsibility will be left to the H-Control, Committee. Moved by Commissioner Blaine, seconded by Commissioner Markkula to recommend to the City Council approval of Application l8-U-77 subject to the 14 Standard Conditions, Condition 15 in the staff report, Condition 16 to be deleted, Condition 17 to be reworded by the staff. AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Motion ca=ied 3-0 MINUTES OF THE SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING PC-263 Page 8 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 inj uriolis to property and improvements in the neighbor- hood. 8. Application 19-U-77 of DEVCON CONSTRUCTION, INC.: USE PERMIT to allow construction of a light industrial building containing approximately 19,475 sq. ft. in a P (Planned Development) zone. Said property is located at the northwest corner of the intersec-' tion of Tantau Avenue and Pruneridge Avenue. First Hearing. This item was removed from the calendar. 9. 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. The letter of August 9, 1977 from the Vice President of Montessori School System was passed out by Mr. Piasecki. He then reviewed the staff report dated September 9, 1977. Assistant Planner Piasecki said there has been a lot of work on the traffic in this area. The applicant was asked to submit a traffic report which he has done. There are several areas in this report that need additionaL work: : Therefore, he asked for continuance to September 21, 1977 of th~s'~pplicat~on to allow time to work out these details. Chairman Koenitzer asked if portable toilets conform to the building code. Mr. Piasecki said they do. Commissioner Blaine asked if we have provided any exceptions with trip ends in Vallco Park. Mr. Piasecki said not to his knowledge. Vallco Park Project Manager Bill not yet present at this meeting. to meet the building code. They Tagg said the Traffic Engineer was He said portable toilets would have need one for every ten people. P~-263 :- e 9 MINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING Commissioner Blaine said they would have to have small ones for the little people. Dr. David Fluitt, Director of Montessori School in Santa Clara County, 19010 Austin Way, Saratoga, he answered Chairman Koenitzer that the red lined area on the exhibit will be a combination of asphalt, sand, tan bar~ and grass. Moved by Commissioner Blaine, seconded by Commissioner Markkula to continue this application to September 21, 1977. Motion carried 3-0 10. Application 2l-U-77 of CUPERTINO LOC-N-STOR: USE PERMIT to allow erection and maintenance of a forty ft. flagpole at the mini-warehouse located at 10655 Mary Avenue. First Hearing. Assistant Planner Piasecki reviewed the August 31, 1977 staff report. He said that based on the American Institute of Architecture standards, it is felt 20 ft. height should be adequate. Mr. Bill Horton,Regional Manager for Loc-N-Stor,said the 40 ft. flag pole would be consistent with what they have done at some of their other locations, however, they will agree with the staff recommendation. He answered Commissioner Blaine there is not a good place to have the flagpole near the offices. There is a large evergreen tree at the entrance. Commissioner Blaine said she is very concerned about the use of the American flag for advertising purposes. The proper place for the flag wou~d be at the entrance not at the back of the propérty near the freeway. Commissioner Markkula likes to see the flag either in the front or back of the property. Chairman Koenitzer asked for comments from the audience. There were none. Moved by Commissioner Markkula, seconded by Commissioner Blaine to close the public hearing. Motion carried 3-0 Chairman Koenitzer said he is against using the American flag as an attention getting device. The applicant said the flag needs to be inside the site because out in front it would be subject to misuse by vandals. Moved by Commissioner Blaine, seconded by Commissioner Markkula to deny Application 21-U-77. MINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING PC-263 Page 10 AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Motion carried 3-0 Approval of Application 21-U-77 subject to the following conditions: 1-14. Standard Conditions to the extent that they do with the special conditions enumerated herein. conflict does exist, the special, conditions as in shall apply. not conflict In the event a enumerated here- 15. That the approval is based on Exhibit A of this Application 2l-U-77 as may be modified by additional conditions contained herein. 16. That Exhibit A of this application shall be modified to permit a single flag pole 20 ft. high upon which may be displayed a 4' x 6' government flag. In no case shall said flag pole be used for display of any advertising device, consistent with Section 7.0S of Sign Ordinance 746. 17. The flag pole the building. site. and flag are out of proportion with the height of A more appropriate location can be found on the The applicant was informed of his rights of appeal to the City Council. ll. Applications 16-Z-77. 18-TM-77, and 22-U-77 of SOUTH COUNTY DEVELOPMENT CORPORATION: REZONING approx:lJDately .40S acres from CG (General Commercial) to P (Planned Development with General Commercial intent) or whatever zone may be deemed appropriate by the Planning Commission; T~nt~tive Map to subdivide .405 acres into two parcels; Use Permit to allow construction ,of, ,ac~et:ail buildi1!g containing approximately 4,000 sq. ft. Said property is located southerly and adjacent to Stevens Creek Blvd. approximately ll6 ft. easterly of Blaney Ave. First Hearing. The Assistant Planner reviewed the September 8, 1977 staff report and the exhibit o~ the bulletin board. He noted there are problems with vèhicular circulation. The sound wall should be raised to a minimum of 6 ft. on the applicants side of the property. The applicant has agreed to reciprocal access with the Fishermans Village Restaurant. Colored slides of the property were shown. It was noted the applicant will allow an easement for the USA Petroleum Company to reach their storage tank. The Assistant Planner said the original recommendation was 2S to 30 ft. of landscaping; this plan shows S ft. of landscaping. After discussion it was decided to reword Condition 17. PC-263 Page 11 HINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION I1EETlNG 17. That the applicant shall enter into reciprocal ingress/egress agree- ments with the Gazzera property (Fisherman's Villa~e 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 âdj oining prope]j;yowners to implement said reciprocal drives, the applicant shall sign a statement acceptable to the City Attorney, agreeing to provide re- ciprocal ingress/egress easements with the adjoining properties at such time as the City can require the same from the adjoining property owners. Mr. Ed Storm, 1737 North First, San Jose, said this påan is for a smaller commercial than at Vallco Fashion Park. He has some concerns about working out arrangements with the c01lllllOn easement with Fishermans Village. He would be willing to share the expense. Chairman Koenitzer asked for comments from the audience. Mr. Vic Durbin, 10109 Mello Place, said he, too had s~ious concerns about the ingress/egress from this property line. Moved by Commissioner Markkula, secDnded by Commissioner Blaine to close the public hearing. Motion carried 3-0 Commissioner Blaine said she commercial on this property. worked out. could not invision anything other than She believes the access problem can be Moved by Commissioner Blaine, seconded by Commissioner Markkula to recommend to the City Council approval of Application 16-Z-77 with the 14 Standard Conditions and Condition lS. That the approval is based upon Exhibit A of Application l5-Z-77 as may be amended by additional conditions contained herein. AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Moved by Commissioner Blaine, seconded by Commissioner Markkula to recommend approval to the City Council of Application l8-TM-77 with the 14 Standard Conditions and Condition lS and 16 in the staff report and Condition 17 as amended by the staff in agreement with the adjoining property owners. AYES: NOES: ABSENT: COIIIDissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Motion carried 3-0 Moved by Commissioner Blaine, seconded by Commissioner Markkula to recommend to the City Council approval of Application 22-U-77 with the 14 Standard Conditions, Condition 15 and 16 in the staff report, modified Condition 17 per the tentative map, addition of Condition '18, 19, 20 and 21 in the staff report. MINUTES OF SEPTEMBER 12, 1977 PLANNING CO~[MISSION MEETING AYES: NOES: ABSENT: PC-263 ~ge 12 Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Motion carried 3-0 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. 22-U-77 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. Commissioner Blaine stated the following findings and sub conclusions for the tentative map: 1. That the Planning Commission makes the following findings for the zoning: a) That the proposed map is consistent with the general and specific plans. 18-TM-77 b) That the design or improvement of the proposed sub- division is consistent with the general and specific plans. c) That the site is physically suitable for the type of development. d) That the site is physically suitable for the proposed density of development. e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially 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. PC-263 Page 13 MINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING 12. Application 19-'IH-77 of CITY OF CUPERTINO: TENTATIVE MAP to combine four lots into one parcel containing 3.08 acres. Said property is located at 10555 Mary Avenue. First Hearing. The Director of Planning and Development said steps in development of the Corporation Yard. of small lots into one. this is one of the last A combination of a series Since there were no comments from the audience, it was moved by Commissioner Blaine, seconded by Commissioner Markkula to close the public hearing. Motion carried 3-0 Moved by Commissioner Markkula, seconded by Commissioner Blaine to recommend to the City Council approval of Application 19-TK-77 with the 14 Standard Conditions and Condition 15 in the staff report. AYES: NOES: ABSENT: Commissioners Blaine, Markkula, Chairman Koenitzer None Commissioners Adams, Gatto Commissioner Markkula made the following findings and subconclusions: 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 development. d) That the site is physically suitable for the proposed density of development. e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environ- mental damage or substantially and avoidably injure fish or wildlife or their habitat. f) That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. g) That the design of the subdivision or the type of imprcvc:::ents will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. PC-263 Page 14 MINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING 13. CITY OF ŒPERTINO: 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 Blvd. and Homestead Rd. First Hearing. The Assistant Planner, Steve Piasecki,said this operator has a multi- faceted retail business in addition to this service station activities. The operator has had numerous warnings, both verbal and written advising him of the need to obtain use permit approval and approval of building permits for structural modification made to this station. The City has received no response from Mr. Berry. Colored slides of the site were shown on the screen. I f I ! ! . I , I ¡ , I Mr. Hugh Willen, Chevron USA representative said it was a shock to realize their use permit was in jeopardy. Rather than go through the use permit procedure he would like to discuss the matter at this meeting. He suggested that perhaps Mr. Berry could remove the other items for sale except the service station activity. Mr. Willen answered Commissioner Blaine that it has been difficult for this operator to operate at a profit. Unless you can get the volume you cannot make a living here. This operator has two service station locations. Mr. Willen answered Commissioner Markkula that it would be impossible to get a use permit application together before the next Friday. Commissioner Blaine commented that she was not opposed to a multi-use here as long as it was attractive looking. Chairman Koenitzer asked for comments from the audience. There were none. Chairman Koenitzer said he does not believe the optional other uses are appropriate at service stations. If a service station cannot be profitable at this corner perhaps there should be some other commercial use here. The Assistant City Attorney reviewed the revocation procedure that would apply here. Moved by Commissioner Blaine, seconded by Commissioner Markkula to continue the public hearing on the revocation of Application 5-U-59 to October 10, 1977. Motion carried 3-0 5. Application l5-Z-77 of BILLY J. BAXLEY: PREZONING approximately 1.05 acres from Santa Clara County RI-lO (Residential, single- family, 10,OOO sq. ft. per dwelling unit) to City of Cupertino RI-lO (Residential, single-family, 10,OOO 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 terminus of Alcalde Rd. First Hearing. ?C-263 - ge 15 MINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING Moved by Commissioner Blaine seconded by Commissioner Markkula to continue Application l5-Z-77 to October 10, 1977 since the applicants were not present at this meeting. Motion carried --3-0 UNFINISHED BUSINESS: 14. Discussion of procedure of handling Oxbow Land and Development Co. The Director of Planning and Development reviewed the September 8, 1977 staff report on this item, since this request is inconsistent with the General Plan, a General Plan Amendment is necessary. It is staff's judgment that this request should be handled as a Policy Amendment to the Land Use Element of the General Plan under the current 2-GPA-77 hearing. The legal notice was published on September 6, 1977, so, t.IIat~thiacilÌem 'could be considered at the September 21, 1977 Planning Commission meeting. NEW BUSINESS: 15. Abandonment of easement - Park Villas/Ridgecrest Homeowners Association. Colored &lides of the site were shown on the screen. The September 7, 1977 staff report was introduced. There was a discussion of the standup deck and historic marker under the large oak tree located just westerly of the existing winery building on the Ridgecrest site. The staff recommends that the developer be relieved of the requirement to install the standup deck and historical marker and that the Council direct the staff to release the outstanding land- scaping and common area improvement bond. Its location is where nobody from the general public can see it or get to it. The Director of Parks and Recreation has stated he did not see any significance here. The homeowners do not want to encourage the general public to come up to their private area. Mr. Dave Vebulft, 22057 McClellan Raod, a resident of Ridgecrest development,said they have requested abandonment of this standuP deck and historical marker because of the vandalism that has taken place and is anticipated if they are not allowed to close off public access to their property. Light standards have been'wrecked, park benches have been defaced. If they are required to allow this easement then the City should share in the maintenance. There presently is a side- walk on both sides of McClellan Road. Access to the park through this restricted area leads right to the organic gardens. This development pool is situated within 5 ft. of this roadway. They have experienced vandalism in this area too. MINUTES OF SEPTEMBER 12, 1977 PLANNING COMMISSION MEETING PC-263 Page 16 The Assistant City Engineer said the City can abandon the right of the public to use this e~sement but retain City accesS. He said Parks and Recreation would object to complete'sbaridonment of this easement because occasionally they need it for crowd control for special events. Mrs,. James Glurev, 22079 McClellan Road, said she works with the garden and homeowners association. Her main conern is use of the easement ,for special occasions. Even when it is monitored sheep, go down the str et leaving their little deposits, but the monitory effort has been de- creased. 'Nobody knew what those little black pebbles were until they got on their white carpets. Mr. Markkula asked if there is a public notice for this sort of thing. The Director of Planning and Development said this would come from the City,Council. ' Mr. Vedulft answered Chairman Koenitzer they have hired security guards They would like to install a 20 ft. block wall which would close off on end of the easement to help solve their problem. Commissioner Blaine feels the easement should be abandoned but some access should be provided through the park. It is a long way home from school for those kids. She would also like to reserve the easement for public occasion. Commissioner Markkula feels there should not be use of this easement by the public unless there is a very special event Resolution to the City Council: seconded by Chairman Koenitzer Ridgecrest and retain the City Moved by Commissioner Markkula, to abandon the easement through easement rights for public works. Motion carried 2-0 Comm. Blaine dissented Commissioner Blaine would like to reserve the easement for public occasions . Moved by Commissioner Blaj"~, ~~conded by Commissioner Markkula to send a minute order to the City Council recommending release of the improvement bond for the marker and standup deck. Motion carried 3-0 REPORT OF PLANNING COMMISSION: None REPORT OF THE PLANNING DIRECTOR: Director Sisk reminded the Commission of the League of California Cities meeting in San Francisco on September 25 and 26, 1977.