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PC 08-08-77 CITY OF CUPE..1'lTINO, STATE OF CALIFORNIA 10300 To~re Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEEIU1G OF THE PLAL"INING COMMISSION HELD ON AUGUST 8, 1977, IN THE COL'NClL CHA..'1BER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Koenitzer called the meeting to o~der at 7:40 PM with the Pledge of Allegiance. ROLL CALL Comm.. pr esent: Comm. absent: Adams, Blaine, Chairman Koenitzer Gatto, Ma~kkula ! I i I I I Moved by Comm., Adams, seconded by COnlIn. Blaine, to continue to the I meeting of .!ugust 22, 1977, the review of the Minutes of July 25th., Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Asaistant-Pla~ercPìasecki Director of Public Works Viskovich MINUTES OF THE PREVIOUS MEEIING Motion carried, 3-0 POSTPONL'1ENTS Per staff instruction, it was moved by COnlIn. Blaine, seconded by COnlIn. Adams to remove the Nellis applications 12-Z-77 and 10-TM-77 from the Calendar. Motion carried, 3-0 Per staff request, it was moved by Comm. Adams, seconded by Comm. Blaine to continue to )~gust 22, 1977 the Public Hearing on ordinance regarding septic tanks, drain fields, etc. Motion car~ied, 3-0 Per staff request, it was moved 'by Cornm. Blaine, seconded by Ccmm. Adams to remove application l3-TM-77 f~om the calendar; to be re- advertised at a later date. Motion ca~rie4, 3~0 PC-26l Page 1 July 25th Minutes review po st poned l2-Z-77 and 10-1"1-77 removed from calendar Sewer ord. con to August 22nd l3-TN-77 removed from calendar PC-261 Page 2 2-E-77 cont'd to 9/12. 6-2-77 cont'd to Sept. 12th MINUTES OF THE AUGUST 8, 1977, PLANNL~G COMMISSION MEETING WRITTEN COMMUNICATIONS; None. ORAL COMMUNICATIONS: The applicant for agenda item 13, application 2-E-77, called the staff to say he would be out of town and requested a continuance. Moved by Comm. Blaine, seconded by Comm. Adams to continue application 2-E-77 to September 12, 1977. Motion carried, 3-0 PUBLIC HEARINGS 1. Application 6-l.-77 of THOMAS L. NAFE & GAIL A. NAFE: PREZDNING approximately O.ll acre from County ML (Light Industrial) to City of Cupertino ML (Light Industrial) or wTIatever zone may be deemed appropriate by the Planning Commission. Said property is located at the northwesr quadrant of the intersection of Imperial Avenue and Granada Avenue. First Hearing continued. The Assistant Planning Director gave a brief overview of this proposal The County requires a use permit for this use; the City does not. The applicant is seeking annexation in order to the City to avoid the USe permit. He added that it will take 2-3 montha to complete the Manta Vista Plan. Mr. George Piml.ot stated he is the tenant of the premises on Imperial Avenue. He is in the process of purchasing the property from the Nafes. He said he has conducted his business at this address for 5 years, and was previously located on Foothill Blvd. for 11 years. He agreed there is traffic congestion in this area, but he said it is not his traffic. He agreed to the staff's request for continuance. Moved by Comm. Adams, seconded by Comm. Blaine to continue application 6-2-77 to October 10, 1977. Motion carried, 3-0 2. Application 11-2-77 of JAMES BOGHOSIAN; PREZONING APPROXL'fATELY 0.79 acre from Santa Clara County Rl-IO (Residential, single-family, 10,000 sq. ft. per dwelling unit) to City of Cupertino Rl-IO (Residential, single-family, 10,000 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Ccmmission. Said property is located at the southeasterly terminus of Miramonte Street easterly of Stevens Canyon Road. First Hearing continued. MINUTES OF THE AUGUST 8, 1977 PLANNmG COMMISSION MEETING PC-261 Page 3 The Assistant Planning Director reviewed the General Plan policies for this area and identified the property on the eontour map. The slope/density formùla would dictate 1 or 2 lots, not the desired 3 lots. He added that there are very few properties left in town with these kinds of problams. The August 4, 1977, staff ~emo outlines the proposal and gives 2 alternate solutions. The applieation could be proeessed, based upon consistency with the existing General Plan; or, the General Plan eould be am~~ded to require lot consolidation where existing lot pattern and zoning is consistent with General Plan intent. The staff recommended i implementation of the General Plan policy reeogn1zing existing lots of record and recommending to the City Council approval of this ¡ application. i i The Assistant Planning Director answered Comm. Blaine that the 3 I lots would have the same setbacks. Height limitation is 30'. I However, there is a provision in the Ordinance that the applicant can meet with the H-Control Committee to ask approval of something ¡I in excess of this. , Chairman Koenitzer wanted to know what happens to the 25'xl25' I corridor labeled 53A. The Assistant Planning Director said this ; is a driveway corridor and eannot be built upon. He does not see a zoning problam here. Local realtor Marty Hall, 21060 Homestead Road, said he was i representing Mr. Boghosian as well as May Investment Corporation i here. The 25' corridor does not belong to the property in the bac~. He is adding it to Lot U2. The road to the south will be abandoned and will be divided between the two adjoining lots. There will bel 10,000 and 12,000 sq. ft. lots on which to build some very lovely homes here. Since there were no eomments from the audience, it was moved by Comm. Adams, seconded by Comm. Blaine, to close the Public Hearing Motion earried, 3-0 ~oved by Comm. Adams, seconded by Corom. Blaine, to recommend to the City Council application ll-Z-77. 11-Z-77 approved AYES: NOES: ABSEc'1T : Carom. Adams, Blaine, Chairman Koenitzer None Comm. Gatto, Markkula Motion carried, 3-0 ------ ~-----_._- PC-261 Page 4 MINUTES OF THE AUGUST 8, 1977 PLANNING COMMISSION MEETING I 13. Applications 12-Z-77 and lO-TM-77 (ROBERT NELLIS) REJ.'10VED FROM CALENDAR. 4. Application 13-Z-77 of ST.~CREST 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 Road and Stelling Road. First Hearing continued. The Assistant Planner reviewed the July 5, 1977, staff memo on this proposal. The total site equals approximately 5 acres. He introduced the revised exhibit and the addition of Condition 19: The use permit granted under Application 9-IT-77 (Planning Commission Resolution No. 1695) for the construction of 11,600 sq. ft. of building area shall remain in full force and effect under the subject zoning change. The Assistant Planner answered Comm. Adams that the Council's rationale behind this is that this is a unique site, co m plementary to the area. The Council felt too much general commer~ial in this area is not good planning. Comm. Blaine was concerned because the types of incidental commercial listed on the unrevised list a~ the same types as already exist in the commercial develòpment located diagonally across the street. Mr. Tim Murphy, 675°North First Street, San Jose, said he represented the owner of this property. The original intent was that this development would have recreational activity. They feel they are restricted but not protected. They have been trying to put in a handball court but were not allowed to do this; but Vallco Park got one. Comm. Blaine asked how many stores they planned to have here. Mr. Murphy said they are looking at a maximum of 15 stores. He said the original list of uses allowed a restaurant, but this is not listed in this newest list. The Assistant Planner said the staff is not trying to exclude restaurants. Comm. Adams commented that about half of the items listed were recreational in nature. Chairman Koenitzer added that any use here also requires a use permit, Comm. Blaine said she prefers to go along with the revised list of uses. Chairman Koenitzer asked for comments from the audience. MINUTES OF IRE AJJGtrST 8. 1977 PLAJ.'ffiL'{G COMMISSION MEETING PC-261 Page 5 Attorney Mark Pierce, 110 North ing Brunswick Corporation, said mendation as to types of uses. resolved at use permit time. Third Street, San Jose, represent- they support the staff's reccrm- The parking problem could be Moved by Comm. Adams, se~onded by Comm. Blaine, to close the publi~ hearing. Motion carried, 3-0 The Assistant Planner called the Commissioners' attention to the very restrictive Condition 17. Moved by Camm. Blaine, seconded by Comm. Adams to recommend to the City Council approval of application 13-Z-77, subject to the 14 standard conditions, conditions 15, 16, 17 (with'the word "proposed" added), lZ, and 19 as recommended by the staff. Further, "sit-down restaurant" shall be added to condition 16A. 13-Z-77 approved AYES: NOES: ABSE.'IT : Comm. None Comm. Adams, Blaine, Chairman Koenitzer Gatto, Markkula Motion carried, 3-0 5. Applications 14-TM-77 and 16-U-77 of B.A.S. HOMES, INC.: TENTATIVE MAP to subdivide approximately 20 acres into a 37-unit single-family planned development; USE PE~~T to allow construction of 37 single-family residential units in a Planned Development Zone. Said property is located adjacent to and westerly of Foothill Blvd., opposite the intersection of Alpine Drive and Foothill Blvd. First Hearingcontinue.d. The Assistant Planning Director reviewed the proposal, and the staff report of August 5, 1977. This proposal meets the slope! density formula. The staff report outlines the City's goals. Heney Creek goes through this property. There are some potential problems along the creek, and it is proposed some additional setbacks be imposed to protect future property owners. The Genera' Plan is quite specific about neighborhood and community parks for this area to be used in concert with trails, but there was no funding provided. PC-261 Page 6 MINUTES OF THE AUGUST 8, 1977 PLANNING COIiliISSION MEETL'iG The Assistant Planning Director said th~ northerly portion of this property is quite flat and h~avily wooded. The applicant's proposal is to fill in a portion of the s~condary ravin~. Ther~ ar~ P.G. & E. transmission lines going through the center of th~ site and another through the northern and the south~rn portions. The sit~ is bound~d on th~ west by the South~rn Pacific spur lin~. If Kais~r Permanente changes to coal for energy, the railroad will probably be us~d much more fr~qu~ntly than it is now. Colored slides of the site were shown. The trail concept has r~c~ntly be~n discussed by the Santa Clara County Open Space District. Ther~ is the question of wh~ther this property could act as a link in th~ St~vens Cre~k Park Chain. Som~ day there may be a trail all th~ way from th~ Bay to th~ Pacific Ocean. Th~ Parks and R~creation Commission agr~~s this is a v~ry b~autiful sit~ (similar to th~ Einda Vista Park), but th~r~ have been problems associat~d with th~ h~avily wooded park. Th~ Dir~ctor of Public Works said ther~ ar~ mor~ negative than positiv~ asp~cts to be consid~r~d for a park in this area. In addition to social problems, the City would b~ faced with a maint~nance problem. What we ar~ r~ally aft~r is pr~servation of the natural setting, which can be achiev~d with the applicant's plan. Comm. Adams noted the staff r~port indicat~s this 4-acr~ parc~l does not lend its~lf to a park sit~. Th~ Santa Clara County Valley Wat~r District would r~tain an ~asement along the cre~k. Comm. Blain~ said she realiz~s ther~ ar~ problems in Linda Vista Park, but sh~ is glad it is a park and not·dev~loped. Sh~ b~lieves th~ advantages outw~igh th~ disadvantages. She is conc~rn~d about letting this H~n~y Cr~ek property go. She would like to at l~ast s~~ som~ eas~ment go through there. Th~ Assistant City Attorney said that if the City has an ~asement, they also hav~ th~ responsibility of maintenance. Th~ Assistant Planning Director said that if ~nough prop~rties w~r~ consolidated, th~n the Mid P~ninsula R~gional Open Space District might be interested. They ar~ not interested in such small parcels. Chairman Ko~nitzer said that if the City subdivides this, th~n we are transferring problems to th~ privat~ prop~rty owner. Comm. Adams said that he is against establishing a park in this location. The Assistant Planning Director said that, at the present time, the property west of the railroad tracks is not a pot~ntial area for dwelling units. I If and when it ever is, it should not be more than a total or 1,100 people I in this planning area. ~-- -- MINUTES OF THE AUGUST 8, 1977 PLANNING COMMISSION :1EETING PC-261 Page 7 Chai~n Koenitzer called a recess at 9:30 PM. The meeting reconvened at 9:45 PM. Chairman Koenitzer asked where the 100 year flood boundaries were. The Assistant Planning Director said the District wants the channel edge plus 15 feet. Mr. Richard Cecchi, of Mac Kay and Somps, said he was accompanied to this meeting by his associates, Acoustical Engineer Ed Pack, Mr. Sam Berland and Mr. Mike Meyer. He said we are talking about the knoll, a park, the gulley, and Utopia in the northwest area. Each of these has its own set of problems. They are visual , exposure, sound problems, tree coverage, relationship of the creek I with the foothill. The area they proposed for a park is a very ! beautiful area. The trail system cannot be achieved overnight. Today's problems may disappear in the future. They are willing dedicate a park to the City, or they are willing to subdivide this area. In regard to the knoll area, Mr. Cecchi said it is difficult to analyse the visual impact you get from Foothill Blvd. as you drive south. There is the sound impact from Pe~anente to conside~. It would take a wall 20' above the roadway to reach a point of mitigation. The second tier of homes has about half the sound problems the first tier does. They have oriented the private open areas so they are protected from the noise. They propose a sound wall that would consist of the actual walls of the homes and a meandering wall between them. Their plan saves all but one of the trees on the knoll. to i I I ¡ I In regard to the lower gulley area, Mr. Cecchi said it is devoid of trees a1lIlost' up to the entrance. They have filled the gulley and stepped the units up to the very natural area. The creek area would remain completely natural. The Floòd Control District would have the easement along the rear of some of the lots. To extend the cul-de-sac to the property boundary, they would lose a lot of trees. There are 100 trees marked for removal. This represents about 25% of all the trees that are located on the map. There will be either a bridge or a culvert to cross Heney Creek; this depend upon economics. There will be a sound wall along the northeast portion of the property, along Foothill Blvd. Mr. Cecchi said they are against proposed condition #20. The solution would be for the City control this property so the maintenance would be minimal. PC-261 Page 8 ¡MINUTES OF THE AUGUST 8, 1977, PLA}INING COMMISSION MEETING Comm. Adams asked about soil in regard to lots 8, 9, 10 and 11. The letter from United Soils was introduced at this time. Comm. Adams asked about television reception in this area. He suggested I a condition stating no TV antennae tower. Comm. Adams is concerned about the tremendous amount of cut and fill and preparation for the pads for the homes. Mr. Sam Berland, President of B.A.S. HOMES, said these homes will be a step above those on De Anza Blvd. The 2100 to 3300 sq. ft. homes will cost between $125,000 and $175,000. He said he will do everything he can to save the trees. With regard to establishing a homeowners association to take care of the planting along Foothill Blvd.. he said it won't work. The Director of Public Works said, in regard to Condition 20, it is the recommendation that the City not take over the maintenance of the landscaped strip along Foothill Blvd. Comm. Blaine is concerned about the number of walls that are appearing along our streets in Cupertino. Mr. Ed Pack answered Comm. Blaine that the shoulder of an elevated road can act as a noise barrier. It would be necessary to make some analyses to determine how much of a barrier effect we would have here. There muSt be about 10' difference in roadway height. Comm. Blaine said she would not like to see a 6' or 8' high fence 5' from Foothill Blvd. Mr. Pack said walls are most effective sound barriers if they are within 5' of the noise source or else very close to the area to be protected. Mr. Cecchi said this is a design problem that can D,e solved. Chairman Koenitzer asked for comments from the audience. Mr. Robert Sharman, 1014 Hollenbeck Avenue, Sunnyvale, said he has an interest in a piece of property adjacent to this property; 2-1/8 acres, almost all flat. His access is very narrow. With this proposal, he said he will be landlocked. Another of his COncerns here is the fence line bordering his property. He would like to know what type houses will be here. He would not like to see several different kinds of fences. Other than that, he said he likes the development being proposed. IMr. Cecchi said there would be a consistent fence developed by B.A.S. Homes. The homes will be one and two story -- all of very good quality. I I I MINUTES OF THE AUGUST 8, 1977 P~~NL~G COMMISSION MEETI~G PC-261 Page 9 Mr. Bob Smith, Sunnyvale Realcor, said chere are 2" of flowing water in the creek now. There is a duplex located just 4 feet north from the north property line with big picture windows looking out onto this undeveloped property. There is a 20' right- of-way along che north property line wich che potenCial of 7 more homes being built within Los Altos. Mr. Frank Deppone, 10664 Baxter, Los Altos, Vice-President of Creston Homeowners Association, said their main concern is che traffic to be generated by this development. He was told che General Plan had caken chis into consideration. Mrs. Lucien Hertert, San Juan Road, said they have always hoped chis large stand of oaks would be in public ownership. Heney Creek has had water in it in the past. All the ravines chere are watersheds. In addition to the tree covers and creek environmenc, she said Mr. Stocklmeir has said this is one area within Cupertino that was never cultivated; i.e., ic is one of the few remaining untouched areas. She has always hoped for a connecting park link. The County Trails Commission had hoped co get that far. This waS considered by the Goals Committee. It is something co cake seriously; it is marked as open space. She would like to see this application continued and some more effort made Co keep this in public ownership. There are State funds available for water- oriented park lands. She would like to see che wooded area entire y free from houses. If there are to be homes there, they should be kept on the east side of che creek. Perhaps developmenc righcs could be retained by the City if chis is rezoned. Mrs. Hertert said, in regard to the Parks and Recreation Commissio that they philosophically said chis is a very beautiful property and wished it could be a park. However, they were faced wich the economic responsibilicy. At 11:30 PM that night, chey voced, 3-2 that chey could not solve all the problems. Mr. Bob Sharman said he would like co See single-story homes on this property. He was noC questioning the qualicy of the homes. Comm. Adams said he would like co visit che propercy before making a final decision. Comm. Blaine asked if clustering had been considered. Mr. Cecchi scated convencional developmenc is difficulc here because of che feaCures of che land. Comm. Adams said relocation of a few of chose building pads could salvage some of the oaks. He asked che dèveloper if he 'ÑOuld consider offering more than 4 acreS for a park. ~r. Cecchi said there could be linkage along the creek araa, beside che eas~enC Co Che north property line. PC-261 Page 10 MINUTES OF THE AUGUST 8, 1977 PLANNING COMMISSION MEETING Comm. Blaine offered another condition of approval: No wall, fence, barrier, etc., along Foothill Blvd., north of Alpine D~ive intersection shall be more than 3 feet above the road bed. The area south of the Alpine Drive intersection does not have this problem in as great a degr ee . Mr. Berland said he would work out something with the Director of Public Works and will pay a certain amount of money for a certain number of years (10 years?) for maintenance of the landscaped area along Foothill Blvd. The Assistant City Attorney said the City can maintain this area and bill the homeowners. Moved by Comm. Adams, seconded by Comm. Blaine to close the public hear ing . Motion carried, 3-0 It was decided the developer will enter into an Agreement whereby each of the 37 properties has a covenant running with the land that the City will do whatever it feels is necessary to maintain that strip and will bill the prope~ty owners. Comm. Blaine would like the 4.5 acres dedicated to the City -- dispen- sation of which can be decided upon at a later date. 14-TM-77 approved Moved by Comm. Adams, seconded by Comm. Blaine to approve application 14_TM_77 subject to the 14 standard conditions, conditions 15, 16, 17, 18 treflecting deletion of lot 17 and reconfiguration of lots 18, 19 & 20). 19 (landscaped frontage along Foothill Blvd. shall be planted by the déveloper 'and an.'-agreemen:L~ha.ll' be:,:developedcfor procedure for maintaining and:financing of the maintenancè of said area) AYES: NOES: ABSENT: Comm. Adams, Blaine, Chairman Koenitzer None Comm. Gatto, Markkula Motion carried, 3-0 --~--'- .----_._- Findings: The proposed map is consistent with the general and specific plans. The design or improvement of the p~oposed subdivision is consistent with the general and specific plans. The site is physically suitable for the type of development. The site is physically suitable for the proposed density of development. 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. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The design of the subdivision or 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. MI~ES OF THE AUGUST 8, 1977 PL&~NI~G COMMISSION MEETI~G PC-261 Page 11 Moved by Comm. Adams, seconded by Comm. Blaine, to recommend approval of application 16-a-77, subject to the 14 standard conditions, ~ondition 15, 16 as amended, 17, 18, 19, 20 as reflected in the minutes and 21. ~o TV tower to be permitted. 16-U-77 approved AYES: NOES: ABSENT : Comm.. None Comm. Adams, Blaine, Chairman Koenitzer Gatto, ~rkkula Motion ~arried, 3-0 Findings: The uses are in ~onformance with the general plan and not detrimental to ~~isting USeS or to uses specifically permitted in the zone in which the proposed use is to be located. The pro- perty involved is adequate in size and shape to accommodate the proposed use. The proposed use will not generate a level of traff c over and beyond that of the capa~ity of the existing street system The proposed use is otherwise not detrimental to the health, safet , peace, morals and general welfare of persons residL~g or working in the neighborhood of su~h proposed use not injurious to property and improvements in the neighborhood. Motion carried, 3-0 MImJTE ORDER: Moved by Comm. Blaine, seconded by Comm. Adams, that acceptance of the 4+ acreS which the developer is proposing to give to the City shall be given._.Su~h land should be used for open space, a part of the trail system. This histori~ stand of oaks should not be lost to the public. Motion carried, 3-0 The Assistant Planning Director said the staff will research further the access to the Los Altos property prior to the City Counc 11 meeting. 7. Applications 15-TM-77 and 17-U-77 of B.A.S. HOMES, I~C. Moved by Comm. Adams, seconded by Comm. Blaine to continue agenda item 7 to the first meeting in September. 15-TM-77 and 17 -U-77 ~ont' d to Sept. 12th Motion ~arried, 3-0 . PC-261 Page 12 17-U-73 continuation app..oved 16-TM-77 approved MINUTES OF'THE AUGUST 8, 1977 PLM!NING COMMISSION MEETUG 8. WILL W. LESTER: EXTENSION OF USE PERMIT 17-ll-73 to allow c:ontinued use of temporary installation of transmitting/receiving antenna which exceeds 55 feet height limitation. Said property is located at 10650 Linnet Lane in a P (Planned Development) zone. First Hearing. The Assistant Planning Director referred to the July 5, 1977 staff report on this matter. Comm. Blaine questioned the legality of Condition 3. Mr. Lester said there is no relationship between this frequency and TV reception. He has had his license for 20 years, Since there were no comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Adams to close the public hearing. Motion carried, 3-D Moved by Comm:. Blaine, seconded by Comm. Adams to recommend to the City Council extension of application 17-U-73 with conditions 1 and 2. Motion carried, 3-0 9,. Applic:ation 16-IM-77 of VALLCO PARK, LTD.: TENTATIVE MAP to subdivide approximately 10.8 acres into two parc:els; Parcel A c:on,tinuing 5.1 acreS and Parcel B containing 5.7 a.cres. Said property is located on the west side of Wolfe Road at the intersection of Wolfe Road and Pruneridge Avenue. First Hearing. The Assistant Planning Director said this is a transfer of land to two recorded parcels to provice mo..e space for tennis courts. Comm. Blaine noted there would be tournaments and she wo,ndered about the possibility of loud speakers. The Assistant Planning Director said a sound barrier has been installed. However, this matter will be called to the attention of ASAC. Since there were no comments from the audience, it 'òss moved by Comm. Blaine, seconded by Comm. Adams to close the public hearing. Motion ca.rried, 3-0 ,Moved by Comm. Blaine, seconded by Comm. Adams to recommend approval of application 16-TM-77, subject to the 14 standard c:onditions and condition 15 in the August 5, 1977 staff repo..t. Motion c:a....ied, 3-0 MINUTES OF THE AUGUST 8, 1977 PLANNING COMMISSION MEETING PC-261 Page 13 Findings: The proposed map is consistent with the general and specific plans, The design or improvement of the proposed sub- division is consistent with the general and specific plans. The site is physically suitable far the type of development. The site is physically suitable for the proposed density of development. 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. The design of the subdivision or the type of improvements are not likely to cause serious public health problems. The design of the sub- division 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. 11. Application 13-TM-77. REMOVED FROM THE CALENDAR. 12. Application 14-Z-77 of OXBOW LAND AND DEVELOPMENT COMd?ANY Moved by Comm. Adams, seconded by Comm. Blaine, to continue 14-Z-77 cont'd application 14-Z-77 to August 22, 1977 . to August 22nd. Motion carried, 3-0 10. CITY OF CUPERTINO: AMENDMENT OF USE PERMIT 21-U-76 to delete Condition 18 of Resolution 1598 to eliminate the requirement to depress the employee parking lot, and to provide for phased construction program for the development of a new City Corporation Yard. Said property is located at 10555 Mary Avenue. First Hearing. The Assistant Planning Director reviewed the previously approved proposal. The Director of Public Works stated the consultants have studied this approved plan and said we would end up with a 9 ' depression at the other end of the property. He said that with this new proposal, the original intent is being met. Seven feet from Mary • Avenue there will be a 3 ' berm, a 3.5' fence and a 6" curb. Landscaping will go in when the City Council changes its policy. Since there were no comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Adams, to close the public hearing. • Motion carried, 3-0 S :-261 Page 14 21-U-76 amendment approved Abandonment of sement ,;;. ecommended Use permit review initiated MINUTES OF THE AUGUST 8, 1977 PLANNING COMMISSION MEETING Moved by Comm. Adams, seconded by Comm. Blaine to approve the amendment of application 2l-U-76 to reflect addition of condition 17 to allow postponement of landscaping as required except for the berm area along Mary Avenue and the deletion of condition 18. Motion carried, 3-0 13. Application 2-E-77 of RICHARD C. DAYTON. CONTINUED TO SEPTEMBER 12, 1977. UNFINISHED BUSINESS: None. NEW BUSINESS 14. Consideration of abandonment of Public Utilities Easement, Lots 22 and 23, Tract 6015, Dividend Industries. Moved by Comm. Blaine, seconded by Comm. Adams to forward a positive recommendation for abandonment of said easement to the City Council. Motion carried, 3-0 REPORT OF PLANNING COMMISSION: None. REPORT OF PLANNING DIRECTOR At the service station at the corner of Homestead and De Anza Blvd., NE corner, they are selling flower, tires, etc., without permission. Moved by Comm. Blaine, seconded by Comm. Adams to initiate review of the above. use permit.. Motion carried, 3-0 ADJOURNMENT Chairman Koenitzer adjourned this meeting at 1:00 AM on Tuesday, August 9, 1977. APPROVED : Rf!!!l~~n ATTEST: