PC 07-13-77
CITY OF CUPERTINO, STATE OF CALIFORNIA
~0300 Torre Avenue~ Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF THE ADJOURNED MEETING OF THE PLANNING COMMISSION
HELD ON JULY 13, 1977 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
Chairman Koenitzer called the meeting to order at 7:35 PM 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
Assistan~ Planner Piasecki
PUBLIC HEARINGS:
1. Application 5-TM-77 of SAN JOSE BUILDING DESIGN; INC.:
TENTATIVE MAP to subdivide 5.2 acres into 20 single-family
cluster lots and one lot to be held in common ownership, one
lot to accommodate an existing fourplex and one commercial lot.
Chairman Koenitzer noted this was continued from the July 11th
meeting to allow the applicant to redraw the map, incorporating
input received at the previous meeting.
Moved by Comm. Blaine, seconded by Comm. Markkula to reopen the
public hearings on application 5-TM-77.
Motion carried, 5-0
The Assistant Planner said the applicant ha.s attempted to satisfy
the questions raised during the previous public hearing on this
application. The new exhibit is labelled Exhibit B 3rd Rèvision.
It reflects the modification to provide parking in front of the
single garages, to comply with the 9.5 x 18' parking stall sizes,
and to satisfy the requirement of at least 15' setback from the
property line for the commercial buildings at the corner of
Foothill Blvd. and Stevens Creek Blvd. with the understanding that
H-Control will review the commercial buildings to gain more
landscaping to avoid the walled effect. This tentative map
PC-259
Page 1
PC-259 -
Page 2
MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING OF JULY 13, 1977
indicates provision of space for landscaping of the east side of the
sound wall.
The Assistant City Attorney answered Comm. Gatto that in this case, the
tentative map does not require an advertised public hearing.
5-TM-77
approved
Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the City
Council application 5-TM-77 as recommended by the staff, including
conditions 15 and 17 and the current revisions reflected in
Exhibit B 3rd Revision.
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
Comm. Blaine asked the applicant if any of the residents would be able
to park in the commercial area in the evenings.
Mr, Ron Percy, 1936 Camden Avenue, San Jose, said he is sure this
will be possible. both for the residents and for their guests.
Comm. Gatto would like the H-Control to be aware of the refuse area
near the residential.
Corom. Adams said this is a unique design treatment for integrating
commercial and residential and will be well worth watching.
Comm. Blaine was concerned about hours of operation for the commercial.
The Assistant Planner said this can be spelled out in the use permit.
Comm. Gatto said if there is a restaurant here we will be hard pressed
to require a 10 PM closing.
The Assistant Planning Director said the staff has attempted to develop
some mechanisms to acoustically isolate the commercial from the
residential.
Mr. Percy said he would not be opposed to 11 PM closing. He would not
be opposed to 9 PM closing, although if there is a restaurant this
could be a hardship. He wants the commercial and residential to
f low together.
Comm. Gatto said the nature of this commercial is very unique. It needs
something to make it work and he would hate to see a 10 PM restriction
to discourage, say, a nice garden restaurant. After further discussion,
the Planning Commission decided against this restriction.
MINUTES OF THE ADJOURNED PLANNI~G COMMISSION HIG JULY 13, 1977
Moved by Comm. Gatto, seconded by Comm. Blaine to recommend to the
City CouncilS-U_77 subject to the 14 s,tandard condiUons" cºI).d~U:
15 reflecting Exhibit ~ 3rd revision, deletion of condition lS,
..19.. and ,24- and the addition of_cQn~tion ,27 in the, staff's memo of
.1uly .D, J.9 77 .
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
Findings: The use or uses are in conformance with the general
plan and not detrimental to existing uses or to uses specif ically
permitted in the zone in which the proposed use is to be located.
The property involved is adequate in size and shape to accommodate
the proposed use.
The proposed use will not generate a level of traffic over and
beyond that of the capacity of the existing street system.
The proposed use is otherwise not detrimental to the health, safet
peace, morals and general welfare of persons residing or working
in the neighborhood of such proposed use not injurious to property
and improvements in the neighborhood.
Subfinding: The project is a unique establishment in the opinion
of this Commission which reflects the intent of the general plan.
Since the applicant for agenda item 7 was not yet present, it was
moved by Comm. Gatto, seconded by Comm. Blaine to proceed with
agenda item 8 prior to 7.
Motion carried, 5-0
8. Appl1cat ion 9-TM-77 of COOKE CONSTRUCTION: TENTATIVE MAP to
divide approximately 3 acres into 12 single-family residential
lots. Said property is located at the westerly terminus of
Sola Drive and easterly of Tula Lane. First Hearing.
The Assistant Planning Director reviewed the tentative map on the
bulletin board, which was identical with the one reviewed by the
Planning Commission in 1974. This involves a very unique semi-
rural area within the City of Cupertino.
PC-259
Page 3
8-U-77
n
Approved
PC-259
Page 4
MINUTES OF THE ADJOURNED PLANNING COMMISSION MIG JULY 13, 1977
The Assistant Planning Director stated the Planning Commission recommended
denial of this tentative map in 1974 which requested dividing this Rl-7.5
property'into 12 single-family, 7500 sq. ft. lots.
Comm. Gatto noted that Tula Lane is presently a private road. He asked
if any thought had been given to bringing the road in from Sola Street.
Discussion followed.
The Assistant Planning Director answered Comm. Blaine that physically
and legally, it would be possible for residents in the area to gain
access to McClellan Road via private Tula Lane.
The Assistant City Attorney advised that normally, a private road can
be posted to stop use of it. There are cases when the public has
traversed a road for a certain length of time and it is established as
a public right-of-way.
Chairman Koenitzer said that right now, there is an easement granted
for Tula Lane. If the property owner subdivides, he wondered if this
easement would then become available to the new property owners.
The Assistant City Attorney said easements go with the land. However,
w.e could run into the problem of overburdening this easement with 12
rather than 3 lots.
Comm. Ådams asked the staff what the Council's rationale was in 1974
when they overturned the Planning Commission's recommendation for
denial. The Assistant Planning Director said the City Council felt
'that application was, consistent with the general plan and with the
adjoining properties.
,
!
¡Mr. W. T. Sowell, Cooke Construction, 225 South Murphy Avenue, Sunnyvale,
¡said he understands there are 7 parcel owners within a 300' radius of
,this property. He said he has lived in Cupertino since 1958 and has
!always been interested in Cupertino. His plans call for custom homes
I
¡on the same lot as were ,approved in 1974. These are $175,000, energy-
¡efficient homes. These new homes will automatically add 8 to 10% to
I
¡the value of existing homes in the area.
Mr. Sowell spoke of the social problems presently being experienced
¡by that area. He said that since 1974, when this property was rezoned,
,¡the people who were objecting to this proposal had the opportunity to
purchase this property but they did not. In the meantime, building
¡costs are steadily rising.
Icomm. Gatto.explained the Planning Commission's reasons for hoping to
protect the uniqueness of this enclave within the City of Cupertino.
I
1¡'The applicant answered Comm. Gatto that it would be impossible to get
12 lots here without utilizing 30' Tula Lane.
MINUTES OF THE ADJOURNED PLANNING COMMISSION MTG JULY 13, 1977
PC-259
Page 5
Comm, Gatto said the persons who live within this small enclave
have consistently tried to maintain this environment. If it is
at all possible to redesign this subdivision to protect this
environment he would be much more inclined to vote in favor of it.
He suggested a fence line along Tula Lane, separating this
urbanized area from the present neighbors would be more acceptable
Chairman Koenitzer asked for comments from the audience.
Mr. Clarence Flick. 20891 ~~Clellan Road, said Tula Lane is
owned by the bordering property owners. In actuality, it is
200 feet of 15 foot wide dirt road. He said the sewers would
have to be brought in from Sola Lane. He asked what the plan for
development for the 3 acres directly to the north of this 3 acres
is. He said the proposed development would cut off access to
the DiSalvo property. He charged that if Tula Lane is widened
the City would have to purchase Mr. Hill's garage and swimming
pool and some 30-year-old trees. Mr. Flick then read a document
prepared by Mr. Miller, owner of adjacent property, who was not
able to be present at this meeting. He contends this would be
spot zoning surrounded by 10,000 sq. ft. lots. Tula Lane will be
totally inadequate to serve 12 new dwelling units. This proposal
is incompatible with the remainder of the Hoffman Tract. He aSked¡!
the City to reconsider this property for half-acre lots.
Mr. Flick stated that it is not necessarily true that the easement
originally granted Mr. Garcia, whòse p1:operty was changed to a
commercial use, would apply. He questioned whether anybody living
in that area, except Mr. Lozano, were in favor of this proposal.
He said the incident where the police were called in was a birthda
party for somebody. There was no problem other than the fact
that there were too many vehicles on Tula Lane. He strongly
recommended this tentative map plan be denied and that the total
area be restudied.
Mrs. 'Janice Hoffman and her husband own the landlocked piece of
property (2+ acres) to the north of the subject property. She
said he was out of town so she was speaking for both of them.
They have lived there 5 years and are looking in the future to
being able to develop their property, with the taxes becoming
prohibitive. She feels they need some way into their property.
They were assured by the City it would not allow their property
to become landlocked. She is not in favor of long, flag lots.
If this tentative map is approved the people on the west side of
Tula Lane would have better access. After the 1974 rezoning,
Mr. Miller built onto his building without a permit. The City
"spanked his hands", but he did not tear down his building. He
then constructed a fence.
PC-259 -
Page 6
MINUTES OF THE ADJOURNED PLANNING COMMISSION MTG JULY 13, 1977
Marian Allen stated she has lived on the Miller property and worked for
the Millers for 5 years. She presented a suggested development plan
for this property for the Commission to consider. She said there are
renters in this area now. And 12 new homes would mean 24 or more cars
using Tula Lane.
Mr. Henry Lozano, 853 Heatherstone, Sunnyvale, said he is the owner
of this property since 1945. He said he put in the first water pipe
and cut Tula Lane through. He lived in a tent on the property while
building two of the homes there. He said he has been building buses
and boats out there for fun. He said he built the cabinetwork and
furniture in the CUpertino Council Chamber. He said he is selling this
property because he cannot afford to keep it. He said Tula Lane is a
private road because nobody else will put out any money for upkeep of
it. There is no water. no sewers, and the area needs new septic tanks.
He said he would like to keep the dust away from Mr. Flick, but he
won 't help oil the road nor cut the trees.
Mr. Lozano said when Mr. Garcia was celebrating his 60th birthday he
had a heart attack while dancing. The ambulance driver could not
find Tula Lane, and Mr. Garcia died. He said this unique area attracts
bums. There were SOO cars at their last party. He said he called the
police, but was told there were already 5 squad cars out there.
Mr. Lozano said Mr. Miller and the others in the area live on their
one or two acres but enjoy 12 acres. They want privacy and isolation
and they have it. He said he could not under stand why the City was
,¡depriVing him of selling his $300,000 piece of property. He questioned
the wisdom of requiring $250,000 homes here. He cited problems of
¡prostitution and hiding of stolen goods and drug problems in this area.
I
IMr. Lozano said the people who want to develop his property are all
¡local people -- not developers from Los Angeles. He said he spoke with
¡Mrs. DiSalvo about here property and suggested, among other things, that
¡she could have flag lots. He said the developer was willing to pave
110 feet of Tula Lane for nothing on the adjoining properties to the west.
I
¡Mrs. Margaret Flick, corner of Tula Lane and McClellan Road, said she
¡was sorry the ambulance driver did not go down Sola Lane to reach
¡Mr. Garcia. She said they have lived in Cupertino since 1960. They
I¡ChOSe this area because of its uniqueness. Cupertino has been getting
a good deal of national publicity. They have nonconforming uses in this
¡'area. She questioned whether these tract homes, starting at $125,000,
will enjoy the farm animals in the area. She said they have gardens
land things all the people think are worthwhile.
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,-259 -
."age 7
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MINUTES OF THE ADJOUlUŒD PLANNING COMMISSION MTG JULY 13, 1977
Mr. Charles Morehouse, 10359 Bonny Drive, said he lives at the corner of
Sola and Bonny. He said he had not met any of these people in the
audience until this evening, although he has lived in his home for 5
years, From his standpoint, they don't live on Tula Lane but enjoy the
uniqueness of it. He likes the ''whole works". He said if those 3 acres
are split into 12 lots this will precipitate the other properties into
subdividing, which means we are talking about a lot more than 12 new
homes. This could come to about 100 trips per day along Sola Street
which has none now. He believes this will require additional access
to these properties. He said commute traffic is now coming down
Bonny Drive to avoid the corner of Stelling and McClellan. He is
concerned about the possibility of 2-story homes overlooking his home.
This would be the introduction of 2-story homes into this area.
With development of 12 homes at once, he is concerned about heavy
vehicles, digging, dust, noise, etc., during the construction period.
He would like to see some thought and effort put into techniques to
avoid these problems.
Ms. Allen asked if the new property owners are going to be made aware
of the people around them in the nonconforming area.
Mr. Lozano said they have no agreements at all
just has the right to purchase, subject to the
I City.
i Mr. Flick brought up the matter of McClellan Road, which provides
¡access to De Anza College. He said he rides the bus to work. If
¡this property is developed at the proposed level he said it would
¡X-number of cars to this already congested road.
with the developer,
proper permits from
who
the
add
,
¡
¡Mrs. Hoffman said one of the reasons we are faced with this traffic
¡problem here is because Freeway 85 does not go through.
¡
I /
¡Chairman Koenitzer read into the record the petition opposing
!9-TM-77 which was signed by 12 residents in this area.
I
I
¡Moved by Comm. Gatto, seconded by Comm. Blaine to close the public
¡ hearing.
,
I
I Motion carried, 5;0
!
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Icomm. Adams said this Planning Commission has the responsibility to keep
tin mind any future moves in compliance with the general plan. The
¡tentative map was approved by the City Council in 1974. There have
¡been no changes in the last 3 years saying this plan is not viable
I anymore. The Tula Lane easement has been recorded. The plan provides
laccess to the other parcels in this area.
I
MINUTES OF THE ADJOURNED PLANNING COMMISSION MTG JULY 13. 1977
PC-259
Page 8
Comm. Blaine asked the staff if the City has set up any plan for
that undeveloped property in this area. The Assistant Planning
Director stated that former City Planner Adde Laurin had prepared
several alternate plans. It is the consensus of opinion of the
staff that this street pattern could serve as a nucleus of future
development if the owners chose to do so. It does require the
cooperation of the property owners along the west side of Tula
Lane. It is very difficult to realize a grid pattern when there
are existing homes in the area. The City has always been very
concerned about commute traffic in this area. In regard to
Sola Street, traffic, 50 to 60 cars would be the maximum if the
entire area is developed. A formal plan line has not been
deve loped by the City staff.
Comm. Gatto said there are two planning issues here: 1) Character
of the area. When the infilling discussions took place in regard
to general plan, this was taken into consideration. The recom-
mendation was for 0 - 4 dwelling units per acre to allow future
City Councils to view the situation here. 2) There are a number
of large, landlocked pieces in this area and they must be
considered. The only completely landlocked property is the
HoJ;fman piece. He said he keeps coming back to a street that
parallels Bonney Drive and T's off Sola Street. The presented
plan will eliminate the existing character of this area.
Comm. Markkula said it will change the character of this area
whether you use this plan or one with the road paralleling Bonny
Drive. He was concerned about the effect of a fenceline along
Tula Lane.
Comm. Blaine said that while the homes on Bonny Drive are Rl-7.5
the area behind is so much less that she would like to see a
transition density so there would be overall lower density. She
would prefer to see development in this area along the lower level
of the master plan.
Chairman Koenitzer is concerned about two-story homes just 9 feet
from the Bonny Drive back yards. He would like to see one-story
homes along lots 3, 4, 9 and 10. He wonders how long we can ask
the 1 and 2 acre property owners to carry the tax burden in the
area.
Comm. Markkula would like to see somewhat lower density here to
act as a buffer, such as ranch style, not necessarily 2-story
homes. His inclination was to deny this proposal.
MINU'!ES OF THE ADJOURNED PLANNING COMMISSION MrG JULY 13, 1977
PC-259
Page 9
Moved by Comm. Blaine, seconded by Comm. Gatto to recommend to the: 9-TM-77
City Council denial of application 9-TM-77. denied
The Assistant:Planning Director said 'in cases such as these, the
applicant is often asked whether he 'òOuld prefer to have a
continuance to allow him the opportunity to modify his map.
Mr. Lozano answered the Planning Commission that he would prefer
to take his case on to the City Council.
Findings: The density of this proposed development is not
compatible with the rest of the neighborhood.
AYES:
NOES:
Comm. Blaine, Gatto, Markkula, Chairman Koenitzer
Comm. Adams
Motion carried, 4-1
The Asaistant City Attorney advised this is a final action,
subject to appeal to the City Council by the applicant in writing
withiu 5 days. If it were approved it would go automatically to
the City Council. The applicant was so instructed.
Comm. Gatto added the further finding that one reason for denial
is this particular configaration of this subdivision cr~tes an
intrusion and impetus for further development into the Tula Lane
ar~ which is contrary to the present character of the area.
Chairman Koenitzer called a recess at 10:00 PM. The meeting
reconvened at 10:17 PM.
7. Applications lS-U-77 and ll-TM-77 of SOBRATO-BERG: USE PERMIT
to allow construction of a restaurant, and bank and office
building in a. CG (General Commercial) zone; TENTAXIVE MAP to
divide 2.5 acres into two parcels. Said property is located
at the northeast corner of the intersection of De Anza Blvd.
and Mariani Avenue. First Hearing.
The Assista.nt Planning Director said the fundamental decisions
on the overall area have already been made. This proposal is for
a more definitive plan for a portion of this development. The
staff recommends closing of the access to North De Anza Blvd. and
extending the access through the 4 Phase Syst~s property. Re
answered Comm. Gatto that access to Mariani Avenue would have to
take place to make this work.
PC-259 -
Page 10
MINUTES OF THE ADJOURNED PLANNING COMMISSION MrG JULY 13, 1977
The Assistant City Engineer said the 50' landscaped buffer is a part
of the Asses8ment District. Everything back of that line is a part
of 4 Phase development. Also, the Mariani Avenue landscaping is
being held up because of the water situation and because the old
roadway cannot be closed until Lazaneo goes in.
Comm. Adams asked how the parking stall width requirement affects
the overall parking. The Assistant Planning Director said the staff
believes there is ample parking on the site now to make it work.
Mr. John Sobrato, of Sobrato-Berg Developers, said they would like
the landscaping to go in immediately but under the present City
Council ban on landscaping, their hands are tied. He understood the
City Council would be discussing this matter at their next meeting.
The Assistant City Engineer said the L.r.D. is under contract now
with the planting deleted.
Mr. Sobrato felt the curb cut on North De Anza Blvd. was imperative for
the restaurant and the bank. He stressed the fact that they have
2500 feet of frontage and ~e does not believe 3 curb cuts would be
excessive. He said 4 Phase Systems is quite upset, having to share
access with the restaurant customers. This could create congestion
and unsafe situations. An opening onto their driveway would
encourage restaurant customers to park in the 4 Phase parking lot.
Mr. Donald Koehler, Facilities Manager, 4 Phase Systems, said they
definitely are opposed to elimination of the curb cut. With the
staff's proposed access to their parking lot they will have public
rather than private property. Due to the proposed traffic situation,
the access means the restaurant patrons will have to cut across their
traffic when leaving the restaurant parking lot. It is a safer
condition to have access to DeAnza Blvd. from the restaurant.
Comm. Blaine said she envisions a problem of people cutting through
here to avoid the intersection of Mariani and De Anza Blvd.
Mr. Sobrato said they plan to use speed bumps to discourage this.
Mr. Sobrato said reciprocal easements could encourage 4 Phase employees
to cut through, the parking lot of the restaurant and bank.
¡
'Comm. Markkula was answered by Mr. Sobrato that one access via
I
:Mariani Avenue to the restaurant and bank will definitely not be
¡sufficient. There are 150 seats in the restaurant and 30 to 40
¡employees in the bank plus customers coming and going.
','There was a discussion in regard to Condition 21. Mr. Sobrato
¡stressed his contention that each property must stand on its own.
i That means no reciprocal parking.
I
MINtIT,ES OF THE ADJOURNED l'LMINING COMMISSION MrG JULY 13, 1977
Mr. Sobrato answered Comm. Blaine that present plans do not show
a banquet room at the restaurant. He also said he would like to
encourage thé employees to walk to the restaurant.
Mr. Sobrato answered Comm. Gatto that the bank will be less than
5000 sc¡. ft. They have not secured a user for this corner as yet.
Condition 18 was discussed next. Mr. Sobrato does not believe thi
condition belongs with this application; it is taken from the
conditions placed on 4 Phase Systems. There followed a discussio
on the appropriateness of conditions 18 and 21. The Assistant
City Attorney advised that the curb cut, reciprocal driveway
easements and reciprocal parking were not on the zoning map.
Comm. Adams wanted to make sure the existing large trees on the
bank property will be preserved. It was pointed out this has
already been assured.
COIIIII. Gatto suggested the word "bank" be deleted and replaced
with "financial institution and related uses".
Since there were no further comments from the audience, it was
moved I>y Comm. Gatto, seconded by Comm. Adams to close the
pub.lic hearing.
Motion carried, 5-0
Moved by CODIII. Adams. seconded by Comm. Markkula to approve
application ll-TM-77 subject to the 18 conditions in the staff
report, with condition 18 to be reworded by the staff since the
word "unrestricted" was hard to define.
AYES:
NOES:
Comm. Adams, Rlaine. Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
Moved by CODIII. Adams, seconded by CODIII. Blaine to approve applica
tion l5-U-77 subject to standard conditions 1 through 14 and
conditions lS through 24 with necessary modification to condition
18.
Mr. Sobrato pointed
for the restaurant.
It is unfair to put
future.
out that they have more than enough parking
They are encouraging walking to the restauran
this restriction on 4 Phase Systems in the
PC-259
Page 11
ll-TM-77
approved
15-U-77
approved
PC- 259-
Page 12
MINUTES OF THE ADJOURNED PLANNING COMMISSION M:rG JULY 13, 1977
Comm. Blaine said she would be happy to delete Condition 21. She
believes there should be reciprocal parking between the bank and the
restaurant. She does not feel it is necessary to have reciprocal
parking with 4 Phase Systems.
Comm. Adams restated his motion to approve 15-U-77, deleting condition
21 with the understanding it may be reimposed if there is a legal
problem. Comm. Blaine seconded this amended motion. Further, the
word "bank" is to be replaced with "financial institution with
related uses It .
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
Findings: The use or uses are in conformance with the general plan
and not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located.
The property involved is adequate in size and shape to accommodate
the proposed use.
The proposed use will not generate a level of traffic over and beyond
that of the capacity of the existing street system.
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.
Appli"ation l2-TM-77 ofc'SOBRATO-BERG: TENTATIVE MAP to divide
appro¥imately 17 a"res into two parcels. Said,property is located
at the southeast corner of the intersection of De Auza Blvd. and
! Mariani Avenue. First Hearing.
¡The Assistant Planning Director reviewed the July 5, 1977 staff report
Ion this application, noting the staff recommends approval.
¡Mr. John Sobrato said there will be reciprocal, unrestricted access
¡between the two properties. He would like the reciprocal parking
¡ stricken from Condition 16. He is providing more than required
! parking.
¡
!
i
¡Since there were no comments from the audience, it was moved by
Icomm. Gatto, seconded by Comm. Blaine, to close the public hearing.
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,9.
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Motion carried, 5-0
MINUTES OF THE ADJOURNED PLANNING COMMISSION MrG JULY 13, 1977
Moved by Comm. Gatto. seconded by Comm. Adams to rec01llllend to the
City Council approval of application 12-TM-77, subject to the 14
standard conditions, and conditions 15 and 16 - striking the
word "parking" from the second line.
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
Findings: The proposed map is consistent with the general and
specific plans.
The design or improvement of the proposed subdivision is consis-
tent with the general and specific plans.
The site is physically suitable for the type of development.
The design of the subdivision or the proposed improvements are
not likely to cause substantial environmental damage or substan-
tially and avoidably injure fish or wildlif e 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 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.
10. Application l4-TM-77 and 16-U-77 of B.A.S. HOMES, INC.
CONTINUED TO FIRST MEETING IN AIIGUST.
11. Application ll-Z-77 of JAMES BOGHOSIAN I
I
The Assistant Planning Director said the applicant had called to I
say he could not be present at this meeting. There was a short
discussion about this matter and it was felt it should be continued
until the applicant could be present to answer some questions.
Moved by C01llll. Gatto, seconded by Comm. Blaine, to continue
11-Z-77 to the first meeting in August.
Motion carried, 5-0
PC-259
Page 13
12-TM-77
approved
ll-Z-77
continued
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PC-259
Pag e 14
13-Z-77
continued
Ord. review
contiIUled.
MINUTES OF THE ADJOURNED PLANNlN\7~SSION MrG JULY 13, 1977
12. Applications 12-Z-77 and 10-TM-77 of Robert Nellis.
Ç9IITIt'gED. .
13. Application 13-Z-77 of STARCREST INVESTORS, INC.:
approximately 1.87 acres located at the southeast
intersection of Homestead Road and Stelling Road.
...
REZONING
corner of the
- .
Since the applicant was not present, it was moved by Conmi. Gatto;
seconded by Comm. Adams to continue 13-Z-77 to the first meeting in August.
Moti~n earried, 5-0
. -
. ,
. .:. ~)'.'~.'.r:.
14. CITY OF CUPERTINO: Public Hearing to consider an ordi~nce regulating
the installation of septic tanks and drain fields for 'individual
sewage disposal systems. First Hearing continued.
The Assistant Planning Director, referred to the July 8, 1977 staff report
which described the changes made to the ordinance. The Assistant City
Attorney advised Sectio~ 15.20.Q~Q should be all one sentence, deleting
subsections. Comm. Markkula~ould like a sketch to be included.
The staff was asked to research further information in paragraph 2 of
page 3, and paragraph 3 On page 5.
Moved by Comm. Adams, seconded by Comm. Blaine to continue the sewage
disposal systems review to the first meeting in August.
Motion carried, 5-0
REPORT OF PLANNING COMMISSION
Comm. Markkula suggested an item to be brought up at the Mayor's Luncheon:
Cities of Santa Clara and San Jose have a procedure for reimbursement to
homeowners for installing solar energy devices. Comm. Adams would like
the requirement of a permit to do this deleted. Chairman Koenitzer would
like the City Council to be aware that the Planning Commission would like
English Oak to go through; across Foothill Blvd., and connecting with Salem.
ADJOURNMENT
Chairman
I
I
I
I
I
I
!
! ATTEST:
,
I
j
i
i /s/
,
I
¡ Wm.
Koenitzer adjourned this meeting at midnight.
APPROVED:
.
/s/ R. D. Koenitzer, Jr.
R. D. Koenitzer, Jr., Chairman
Wm. E. Ryder
E. Ryder, City
Clerk
259
r__"e 14
13-Z-77
continued
Ord. review
continued.
MINUTES OF THE ADJOURNED PLANNING COMMISSION MTG JULY 13, 1977
12. Applications 12-Z-77 and 10-TM-77 of Robert Nellis.
CONTINUED.
13. Application 13-Z-77 of STARCREST INVESTORS, INC.:
approximately 1.87 acres located at the southeast
intersection of Homestead Road and Stelling Road.
REZONING
corner of the
Since the applicant was not present, it was moved by Comm. Gatto,
seconded by Comm. Adams to continue 13-Z-77 to the first meeting in August.
Motion carried, 5-0
14. 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.
The Assistant Planning Director referred to the July 8, 1977 staff report
which described the changes made to the ordinance. The Assistant City
Attorney advised Section 15.20.030 should be all one sentence, deleting
subsections. Comm. Markkula would like a sketch to be included.
The staff was asked to research further information in paragraph 2 of
page 3, and paragraph 3 on page 5.
Moved by Ccrmm. Adams, seconded by Comm. Blaine to continue the sewage
disposal systems review to the first meeting in August.
Motion carried, 5-0
REPORT OF PLANNING COMMISSION
Comm. Markkula suggested an item to be brought up at the Mayor's Luncheon:
Cities of Santa Clara and San Jose have a procedure for reimbursement to
homeowners for installing solar energy devices. Comm. Adams would like
the requirement of a permit to do this deleted. Chairman Koenitzer would
like the City Council to be aware that the Planning Commission would like
English Oak to go through, across Foothill Blvd., and connecting with Salem.
ADJOURNMENT
Chairman Koenitzer adjourned this meeting at midnight.
APPROVED:
ATTEST:
~
, Wm.
, City Clerk