PC 07-11-77
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING
HELD ON JULY 11, 1977 IN THE COUNCIL CHAMBER,
CUPERTINO, CALIFORNIA
COMMISSION
CITY HALL
SALlTrE TO THE FLAG
Chairman Koenitzer called the meeting to order at 7:32 PM with
the Salute to the Flag.
ROLL CALL
Comm. present:
Comm. absent:
Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Staff present:
Director of Public Works Viskovich
Assistant Planning Director Cowan
Assistant City Attorney Kilian
Assistant Planner Piasecki
APPROVAL OF MINUTES
Minutes of June 13, 1977:
Page 2, paragraph 5, add "of the cutting off of access" after
"situation" on the first line and on line 2 add "and possibly
other lots after "264", deleting "and" just prior to "264".
Page 4, 3rd paragraph 3, architect's name is spelled "Thimgan";
last line, delete "sidewalk" and replace with "setback".
Page 6, paragraph 1, line 1, add "setting a trip end policy"
after "decfsíon OUIl and delete "this ".
Moved by Comm. Gatto, seconded by Comm. Blaine to approve the
Minutes of June 13,1977, as amended.
Motion carried, 3-0-2
Comm. Adams & Markkula abstained.
PC-258
Page 1
June 13th Min.
approved
PC-258 --
Page 2
June 27th Min.
approved
14-TM-77 &
16-U-77
continued
12-Z-77 &
ID-TM-77
continued
MINUTES OF THE JULY 11,1977, PLANNING COMMISSION MEETING
Minutes of June 27,1977:
Page 2, paragraph
"Foothill Blvd."
'Imperial Avenue II.
3, last 2 lines: Change "Stevens Creek Blvd." to
Paragraph 5, line 4: Change "Orange Avenue" to
Page 8, paragraph 2 under Item 4, line 1, add "in Section 15.20.030"
after "350 feet".
Moved by Comm. Blaine, seconded by Comm. Adams, to approve the Minutes
of June 27, 1977, as amended.
Motion carried, 5-0
POSTPONEMENTS
Per recommendation of the staff, it was moved by Comm. Adams, seconded
by Comm. Gatto to continue applications 14-TM-77 and 16-U-77 (B.A.S.
HOMES, INC.) to allow time for completion of geological studies.
Motion carried, 5-0
Per recommendation of the staff, it was moved by Comm. Adams, seconded
by Comm. Blaine to postpone applications l2-Z-77 and lO-TM-77 (ROBERT
NELLIS), to first meeting in August.
Motion carried, 5-0
WRITTEN COMMUNICATIONS
1. From Westridge Country Club Homes regarding agenda item 1.
2. Petition signed by 12 residents on Tula Lane regarding agenda item 8.
3. Four letters concerning agenda item 12, which has been continued to
first meeting in August.
ORAL COMMUNICATIONS
There were none.
MINUTES OF THE JULY 11,1977, PLA}TNING COMMISSION MEETING
PUBLIC HEARINGS:
1. Applications 10-Z-77, 5-TM-77 and 8-U-77 of SAN JOSE BUILDING
DESIGN, INC.: PREZONING approximately 5.2 acres from Santa ,
Clara County CN (Neighborhood Commercial) and RJ-2.4 (Multiple~
Family Residential) to City of Cupertino P (Planned Develop- I
ment with single-family cluster, residential, multiple-family I
residential and commercial use intent) or whatever zone may
be deemed appropriate by the Planning Commission; TENTATIVE ,
I
MAP to subdivide 5.2 acres into 20 single-family cluster lots I
and one lot to be held in common ownership, one lot to accom- ¡
modate an existing fourplex and one commercial lot; USE PERMIT'¡
to allow construction of 20 single-f~,ily cluster homes and
four commercial buildings. Said property is located at the
northwest corner of the intersection of Foothill Blvd. and
Stevens Creek Blvd. First Hearing continued.
The Assistant Planner distributed to the Planning Commissioners
copies of the staff's alternate suggestion for tentative map and
acoustical studies. He noted this property is currently in the
County. He then reviewed the scope of the applications, details
of which can be found in the July 8,1977, staff memo. This
proposal is for a 13,000 sq. ft. commercial development 10 addi-
tion to the 20 single-family cluster lots. The General Plan calls
for a mixture of residential and commercial in this area. However
a policy statement indicates no new commercial properties are
needed west of Freeway 85. The staff believes this means no new
commercial that would be in competition with the Monta Vista
commercial. It is felt that this proposed commercial will be
highly localized.
The Assistant Planner said the second item to be considered is the
mixture of land uses. This plan calls for 7 to 8 dwelling units
per gross acre, which does conform with the General Plan. As to
the impact on the existing neighborhood, there will be commercial
USe at the corner of Foothill Blvd. and Stevens Creek Blvd. The
Westridge Homeowners Association believes the commercial use
should be restricted. They are also concerned about circulation.
It was their understanding that Silver Oak Way would eventually
come out to Stevens Creek Blvd. He said the other staff concerns
are design issues. The noise study is critical. This is designed
to conform with Title 25 which indicates less than 45 db. The
existing outdoor noise levels at this corner are 7S db and above.
Measures recommended by the Acoustical Engineer are: 1) Acoustical
treatment of the buildings; 2) Requirement of minimum 18' height
of commercial structures; and 3) Some interior acoustical treatment
PC-258
Page 3
PC-258
Page 4
MINUTES OF THE JULY 11,1977, PLANNING COMMISSION MEETING
The staff recommends the setback between the commercial and residential
be increased 15 feet. A complete rehabilitation of the existing duplex
can be reviewed by H-Control. The parking is somewhat deficient.
Colored slides of the property were shown on the screen to familiarize
the Planning Commission with details of the area.
There will eventually be a traffic signal at the intersection of
Foothill Blvd. and Stevens Creek Blvd. English Oak and California Oak
are dedicated streets. At such time as the property to the north
develops, English Oak will come out to Foothill Blvd and align with
Salem.
Comm. Gatto explained the nature of the General Plan studies in
regard to the status of Silver Oak Way.
The Director of Public Works said this plan is in keeping with the
original philosophy to discourage access through the residential.
Comm. Blaine asked about the status of the truck traffic and the
Kaiser operation. She asked if they will use trains to bring the coal
in and the cement out. The Director of Public Works said Kaiser has
explored this possibility and found the cost prohibitive. He added
that sound walls were also considered, but it was found they would be
ineffective because there would be too many openings. A secondary
access through the Church property was considered but was determined
to be unwarranted.
Comm. Blaine was concerned about the roadway being placed 2 to 5 feet
from the existing fourplex.
Comm. Adams asked if increasing the parking stalls to the required
9.5 x 18 will cause any problems. The Assistant Planner said this
can be resolved.
Comm. Adams asked, in regard to the commercial zoning, whether the PD
would require review of all commercial uses. The Assistant Planner said
thiS would depend On how the conditions of approval are written. For
instance, a cocktail lounge and restaurant and a fast food type restaurant
would require review.
Chairman Koenitzer asked, in regard to the parking for the fourplex,
whether the cars would be backing right out into the intersection of
the new driveway. The Assistant Planner said this would be restudied
and modified if necessary.
Comm. Blaine noted the recommended conditions of approval do not refer
to hours of operation. This may be something the Planning Commission
would like to add to the conditions.
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
Chairman Koenitzer asked the applicant if he had any statements.
Mr. Ron E. Percy, 1936 Camden Avenue, San Jose, said they have don~
extensive study on this property. They have found it is almost
impossible to do individually, so they have put together a very
nice and unique concept of low intensity commercial use and
residential. The condominium units are all 2-bedroom, single
story units. They have a lake area and gazebos and walkways to
serve the entire area. They will send out brochures to the people:
in the area asking what type of commercial they feel would be
useful to them and he will try to accommodate them. He emphasized '
they want to have the blessings of everybody around there. He
said he would like to have 5 to 10 feet between the driveway and
the existing duplex. Architecturally, he is trying to tie in,
with the area. He offered to answer any questions.
Comm. Gatto said this is a rather unique proposal for this piece
of land. He asked whether the developer felt the commercial
treatment was viable. Mr. Percy said they have talked with
financial institutions and to several types of businesses in
regard to this concept. He said it will be similar to the Old
Mill commercial development. They have several clients ready to
go in right now. He said the commercial uses would be serviced
in the early morning. He answered Comm. Gatto that the reason for:
the commercial ring is to solve the acoustical problems of this
corner. Comm. Gatto said he was having a hard time envisioning
a successful commercial development with this proposal.
Comm. Markkula asked the applicant to comment on the staff's
alternate proposal. Mr. Percy said he would like to make sure
he can handle the parking for the existing fourplex somewhat
differently. He would like to have the parking other than in the
front. He wants to discourage traffic from using the residential
streets.
Mr. R. L. Brinton, 22676 Royal Oak, spokesman for Westridge
Homeowners Association, referred to details of the letter he wrote
regarding this proposal. He said he does not believe the staff is
aware of the traffic problems they are presently experiencing.
When that busy intersection jams up, the cars drive through the
residential area to get around that intersection. He wondered
when the signals were scheduled to go in. As to types of business
he said they would not like to see fast food operations here. He
said pipe shops sometimes become bookie operations and health food
stores sometimes are run by hippies. He said they are already
well serviced with liquor stores, etc. He said the traffic has
tripled up there in the last five years.
PC-258
Pag e 5
PC-25S--
Page 6
MINUTES OF THE JULY 11, 1977 PLA.'lNING COMMISSION MEETING
The Director of Public Works said the signal for that intersection has
been rescheduled on the 5-Year Capital Improvements Program for the
next calendar year. Because of development in the area, there is the
possibility it could happen before that.
Mr. Brinton said that unless there is also a signal at English Oak/Salem
and Foothill Blvd., only 1/3 of the traffic problem is solved.
Mr. J. N. Plagge, 22754 Majestic Oak Way, said he is a Member of the
Board of Directors of Westridge Homeowners Association. He emphasized
the fact that the homeowners feel they are furnishing an outlet through
their private road for the recently developed units. He asked what
would happen 1£ they decided to put up a barrier at Royal Oak Way. It
has always been their understanding that Silver Oak Way would be extended.
He asked if the new street would be private or public. The Assistant
Planner said it will be private. A show of hands indicated about 30
Westridge homeowners were present in the audience.
Comm. Blaine recognized the need for another signal in addition to the
one at Foothill and Stevens Creek Blvd.
~k. G. H. Harriack, 22762 Majestic Oak Way, an engineer with Lockheed,
said he is the Chairman of the Board of Directors of the Homeowners
Association. He said the staff shoul~ make every effort to make the
traffic flow away from the residential private streets.
Ms. Sue Brown, 10046 Sp. Oak Court, said there are twice as many cars
as the 136 units almost all have 2 cars per family. She would like to
See Silver Oak extended to Stevens Creek Blvd. She would like to know
how many people live in De Anza Oaks and to have a study made of how
many of those residents go through Westridge.
Comm. Markkula wondered 1£ there was enough room for a center lane
for protected left turns from Silver Oak to Stevens Creek Blvd.
The Director of Public Works said this is a possibility.
Comm. Adams said he would like to see that traffic light go in as Soon
as possible. The Director of Public Works said the geometry of the
intersection must be worked out before the traffic lights can go in.
Mrs. Marilyn Sander, 22667 Royal Oak Way, is concerned this is going
to be very high density. She emphasized the parking problems in her
development, commenting this new one will be even worse. The Assistant
Planner said Westridge is 12 units per acre. The proposed development
is 7.5 units per acre, with 3.5 parking spaces per dwelling unit.
A show of hands indicated most people in the audience were in favor
of Silver Oak Way going through to Stevens Creek Blvd.
MINUTES OF THE JULY 11, 1977 PLANNmG COMMISSION MEErING
Moved by COIIDII. Blaine, seconded by COIIDII. Mams to close the
Public Hearing.
Motion carried, 5-0
Comm. Markkula said he prefers the staff's alternate plan. He
agreed with Comm. Blaine that the hours of operation should be
restricted for the commercial. He was in favor of the traffic
signal with the consideration of a second signal if necessary to
solve the traffic problems. He was in favor of the proposal.
Moved by Comm. Gatto, seconded by Comm. ~rkkula to recommend to
the City Council approval of application 10-Z-77 with Exhibit Bl
Second Revision with the 14 standard conditions, condition 15 re-
flecting Exhibit A of application lQ-Z-77 changed to Exhibit Bl
Second Revision (the staff's alternate).
AYES:
NOES:
COIIDII. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
'Motion carried, 5-0
The Assistant Planning Director answered Comm. Blaine that the
applicant wants the building wall line to be on the property line.
Comm. Gatto said that, generally speaking, the more circuitous
you can make the internal circulation the less potential use of
these private streets by other than the residents. He felt
H~Control should look at placement of the units on the property
to allow more parking in front of the garages. From a community-
wide standpoint, the H-Control has to take a close look at the
architecture of the commercial building at the corner in regard
to setbacks and visual break-up.
Moved by Comm. Gatto, seconded by Comm. Adams, to recommend to the
City Council approval of application 5-TM-77, subject to the 14
standard conditions, condition 15 Exhibit B Second Revision, and
condition 16 as stated in the staff report of July 8, 1977.
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
PC-258
Page 7
10-Z-77
approved
5-TM-77
approved
PC- 258 -
Page 8
8-U-77 cont'd
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
Comm. Blaine had the following comments in regard to the use permit:
1) She likes the staff's recommendation in regard to the roads.
There has to be some access to Stevens Creek Blvd., but not too
attractive to residents outside this development. 2) She ,is concerned
about the road some 5' from the duplex. She is concerned about
units so close to the commercial parking lot and the proximity of the
buildings to the street. 3) She is concerned about the walls along
our major thoroughfares. She suggested the buildings be staggered
with landscaping in between. 4) The auxiliary parking is much too
far from the units. She liked Comm. Gatto's suggestion of parking
in the driveways.
Comm. Adams suggested the use permit be acted upon at the adjourned
meeting on the 13th, ' giving the staff time to revise the conditions
based upon statements made at this meeting.
Moved by Comm. Gatto, seconded by Comm. Adams to reopen the public
hearing on 8-U-77.
Motion carried, 5-0
Moved by Comm. Adams, seconded by Comm. Blaine to continue application
8-U-77 to July 13,1977.
Motion carried, 5-0
Chairman Koenitzer called a recess at 9:45 PM. The meeting reconvened
at 10:00 PM, at which time Chairman Koenitzer announced all items after
agenda item 6 should be continued to July 13th.
So moved by Comm. Gatto, seconded by Comm. Blaine, to continue agenda
items 7, 8, 9, 11, 13 and 14 to Wednesday, July 13,1977,7:30 PM.
Motion carried, 5-0
2. Application 10-U-77 of ROBERT E. CHRISMAN: USE PERMIT to allow
construction of a building containing approximately 11,750 sq. ft. of
space to be used as a retail music store. Said property is located
adjacent to and southerly of Stevens Creek Blvd., approximately
450 feet westerly of the intersection of South Blaney Avenue and
Stevens Creek Blvd., in a CG (General Commercial) Zone. First
Hearing continued.
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
The Assistant Planner said trip ends and access were items to be
considered at this meeting. The staff was comfortable with 2
trips per 1000 feet of commercial. The staff fèlt there was not
sufficient data on which to base a decision in regard to the
storage space. In most retail operations, 1/3 of the space is
devoted to storage and 2/3 to retail.
Comm. Blaine would like the staff to do some survey work on
warehouses and trip generation.
Comm. Gatto said he believes condition 16 ties down the trip
generation very explicitly.
Mr. Bob Chrisman, 280 Parks ide Drive, Palo Alto, said they have
surveyed 3 establishments, all doing somewhat different operations
Century is located 2.5 miles from their retail operation. Most
deliveries are made in the morning.
Comm. Markkula asked if Century does mail order business. The app i-
cant said they do not do mail order business, nor do they advertis
Their actual need of building area is less than 11,550 feet. He
said they had no objections to the staff's recommendations.
Since there were no comments from the audience, it was moved by
Comm. Gatto, seconded by Comm. Markkula to close the public
hearing.
Motion carried, 5-0
The Director of Public Works said this will be precedent-setting.
He is concerned the data is not based on engineering studies.
After further discussion, it was moved by Comm. Gatto, seconded
by Comm. Markkula to approve 10-U-77, subject to the 14 standard
conditions, condition 15 corrected to read "general commercial
use 7500 feet" and surplus trip ends to be "0" and conditions
16, 17, 18 and 19 in the staff report, as amended toni~ht.
AYES:
NOES:
Comm. Gátto, Markkulá ;--ChairmariKóenitzer
Comm. Blaine, Adams
Motion carried, 3-2
Findings: The use or uses are in conformance with the general pla
and not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located.
PC-258
Page 9
lO-U-77
approved
PC- 258
Page 10
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
The property involved is adequate in size and shape to accommodate the
proposed usea
The proposed use will not generate a level of traffic over and beyond
that of the capacity of the existing street system. The tabulation was
based on 2 trip ends for the area designated as general commercial
5200 sq. ft. and remainder for the music portion and the number of 25
trips for the dedicated warehouse was based on the applicant's
documentation of 0.27 allowed to be doubled to 0.5.
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 improve-
ments in the neighborhood.
3. Application 4-U-77 of THE WESTFIELD COMPANY: USE PERMIT to allow
construction of a chemical storage tank facility adjacent to
Westfield Building No.3. Said property is located at 10501 Tantau
Avenue. First Hearing.
The Assistant Planning Director r-evíewed' the' 's:tteplart'whichwas' appfov'ed
in 1975. The proposal at this meeting is to seek approval to construct
a tank farm. The issues are: relationship of that tank farm with the
nearby residences to protect them from noise; and the concern about
the type of material to be stored in that tank farm; and the visual
impact of the tank farm.
The staff feels the noise can be controlled through standard engineering
techniques. The materials can be safely stored. A 10 foot screening
will minimÍ%e visual impact.
Comm. Blaine said she would like a condition speaking to what is stored
in these tanks. The Assistant Planning Director said this is the Fire
Marshal's responsibility and authority. Comm. Blaine brought up the
possibility of in the future, type of chemicals stored in the tanks could
be changed.
Mr. J. Wucher, 990 E. Arques, Sunnyvale, said he is one of the owners
of Westfield Company. DI (deionized) water is stored in one of the tanks.
This tank farm will be 38 feet farther from the residences than the
existing one. He said they can't have a planter strip entirely around
the tank farm because a truck has to be able to get in and service the
tanks. They can go around 3/4 of it with plantings.
Comm. Adams was concerned about the compressor ~unnlng during work hours with
I the onloff cycling and relief valve noise.
!
i
,
,
,
!
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
,
i
Comm. Markkula observed that the objectives are to reduce noise i
and visual impact. Recessing this about 6 feet below ground level
would accomplish this effectively. Mr. Wucher said they had
originally talked about this. He is afraid they could not get the
liquid nitrogen out of the bottom of the tank, but he would look
into it further with the tenant.
Mr. Wucher answered Chairman Koenitzer that he was not aware of
any complaints from residents nearby.
Comm. Markkula asked if
event of an earthquake.
techniques available at
they had taken any precautions in the
Mr. Wucher said they have used the best
this time.
Mr. Mike Stout, 520 Meadow Avenue, Santa Clara, said Westfield
has been a good neighbor thus far. He said compressors come on
any time of the day or night. At night a noise seems to be much
louder than during the day. He said one of the problems is the
truck that delivers the liquid nitrogen has a high whine. He
would like to have a pump installed inside. He also thinks
security should be considered. He said the back parking lot is
a challenge to local teenagers and their cars, etc.
Moved by Comm. Gatto, seconded by Comm. Adams to close the public
hearing.
Motion carried, 5-0
Condition 16 was amended as follows:
after "submit" and dl!lete "anti a Line.
replace with "implement".
Line 2, add "a certified"
7, delete It suggest" and
Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the
City Council approval of application 4-U-77, subject to the 14
standard conditions, condition 15, condition 16 as modified, and
conditions 17 through 20 in the July 8, 1977 staff report.
AYES:
NOES:
Comm. Adams, Blaine, Gàtto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
PC-258
pag e 11
4-U-77
approved
PC-258 -
Page 12
ll-U-73 Amend.
approved
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
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 streetc:system.
Subfinding: That the controls established will be adequate that no
noxious or harmful odors will be emitted and no increase in noise
level will be permitted.
4. AMENDMENT OF USE PERMIT ll-U-73 of HEWLETT PACKARD: To allow a
transfer of 20,000 sq. ft. of office and industrial space from
Phase 2 and 3 of the project into Phase 1. Said property is
located at the southeast'corner of the intersection of Homestead
Road and Wolfe Road. First Hearing.
The Assistant Planning Director reviewed the conditions of the original
approval, as detailed in the July 8,1977, staff report. The staff
recommendation was to require the applicant to sign a commitment for
an assessment district for the street improvements to solve the traffic
problems.
Comm. Markkula asked if the reason for this amendment is to allow the
applicant to build sooner.
Mr. Joe Erlich, Architect for the applicant, said the change has occurred
because there has been a change in the footprint of the building. He
said the staff's recommended conditions are acceptable to Hewlett Packard.
He emphasized the fact the applicant is involved in a Yanpooling program
and is expanding their flexibility of working hours. This tends to
avoid the peak hour trip traffic.
Since there were no further comments from the audience, it was moved by
Comm. Gatto, seconded by Comm. Adams to close the public hearing.
Motion carried, 5-0
!Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the City
Council approval of the revision to application ll-U-73 with conditions
15 and 17 as in the July 15, 1977 staff m~o, or as amended.
AYES:
I NOES:
!
,
I
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried) 5-0
\
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
5. Application 13-U-77 of GAETANO S. DI VITTORIO: USE PER.'!lT to
allow use of an existing building as a tailor shop in a P
(Planned Development) zone. Said property is located at the
northwest corner of the intersection of De Anza Blvd. and
Lazaneo Drive. First Hearing.
The Assistant Planning Director said the staff has always taken
a negative point of view of temporary uses. This particular
application involves the uSe of a residential structure. It would
somewhat inhibit development of De Anza Blvd.
Mr. Gaetano Di Vittorio, 2284 Cervante Way, Campbell, said the
reason he would like to have this use permit is because his lease
is up now. Within 3 years he would be able to develop this
property in the manner in which the City would prefer. He answere
Comm. Gatto that he was prepared to conform to the conditions
recommended by the staff.
Chairman Koenitzer asked for comments from the audience.
Mr. William Henderson, real estate broker, said this use conforms
with the general plan. This property is too valuable to let it
go on more than a temporary use such as is proposed.
Mr. Felton E. Valdry, 1660 Eburland Drive, Santa Clara, asked the
Planning Commission to deny this application. If he is permitted
to purchase this property he is prepared to construct a motel here.
Moved by Comm. Gatto, seconded by Comm. Blaine to close the public
hearing.
Motion carried, 5-0
It was noted there are 4 dwelling units on the property at this
time. Comm. Gatto believes the market pressure on this property
will overcome any temporary business that goes in here. He sees
this as a case of a small businessman trying to get ahead.
Moved by Comm. Blaine, seconded by Comm. Gatto to recommend to the
City Council approval of application 13-U-77 with the 14 standard
conditions and conditions 15 through 19 in the July 7,1977. staff
memo.
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
PC-258
Page 13
13-U-77
approved
PC-258 -
Page 14
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
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 proeprty 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 improve-
ments in the neighborhood.
Subfinding: While this is a temporary use, it is a valid use for this
lot and building and the three-year period is not too long a time to_
wait for development of this property.
6. Application 14-u-77 of STEVE L. STOCKWELL; LYNN A. HETHCOCK:
USE PERMIT to allow construction of a skateboard park in a CG
(General Commercial) zone. Said property is located adjacent
to and westerly of Stelling Road approximately 170 feet southerly
of Homestead Road. First Hearing.
The Assistant Planner said this request includes an arcade and pro
shop as well as a skateboard park. This site includes 100 parking
spaces being used by the Valley Church. Residents and property owners
of the adjacent properties were notified of this proposal.
The site plan was reviewed which indicated a maximum of 4 feet above
grade and 10 feet below grade. The staff has explored the possibility
of social problems related to this type use. The cities of El Cajon
and San Diego were very positive about this type use, as well às the
Police Department. Their main concern was one of supervision.
The plan shows a 15 foot landscaped setback off Stelling Road, and no
landscaping on the northerly property line. The staff would like the
Planning Commission to consider relocation of the trash enclosure, and
a bike rack should be incorporated into the fenced area. It was noted
the applicant is adding 50 parking stalls where there already are 100.
The staff feels a reciprocal parking agreement should be encouraged.
Colored slides of other skate board parks were displayed on the screen.
The staff noted on the slides of the property that the existing and the
proposed lighting fixtures in the parking lot are not acceptable. It
is hoped the landscaping and lighting improvements will be compatible
with the area.
MINUTES OF THE JULY 11, 1977 P~~NING COMMISSION MEETING
The applicants reviewed the colored slides of developed skate
board parks. There will be a 6 foot high cyclone fence and a
3 foot high nylon net fencing to protect against flying skate-
boards. The customers are required to wear helmets. kneepads,
elbow pads, gloves and shoes.
It was noted there are speakers mounted on the light fixtures.
The applicant said this was in case of an emergency.
Comm. Gatto was concerned that the reciprocal parking with the
church would be incompatible. The applicant said he has a written
agreement from the church allowing them to use 42 parking spaces
on Sundays. He said they are not open before noon and close at
6 PM, which will not conflict with the church's schedule.
There will be no new curb cuts.
Comm. Adams asked what radius the applicant was drawing from.
Mr. Stockwell said it is anticipated they will pull in from a
radius of 50 miles. He added that a survey indicated the customer
will walk, skate or take a bus to this park. Comm. Adams is
concerned about skateboard riders going down the street, and not
necessarily in the bike lanes.
Comm. Blaine was concerned about noise from all the skateboards.
Mr. Stockwell said the urethane materials now used in the skate-
boards are relatively noiseless. He answered Comm. Blaine the
entrance fee will be $2.25 to $2.50 for 2 hours. Mr. Stockwell
said that although skateboarding will be included in the 1984
Olympics in Russia, they anticipate their competition will only
be local, seating approximately 200. There will be Skateboard
~rshals to supervise at all times. In the summer they will be
open from 9 or 10 AM to 10 PM on Monday through Saturday and in
the winter from noon to 8 PM, except on Saturday nights when they
stay open to 10 PM.
Comm. Adams asked the staff if there has been any record of
disturbances in the Brunswick parking lot. The staff was not
aware of any.
Camm. Markkula said in the 1950's and 1960's the trampoline parks
were forced out of business because of insurance problems. He
wondered if the applicant had considered this aspect. Mr. Stockwell
said skateboard parks do $3 million to $5 million in sales; this
is past the fad stage. Insurance companies are underwriting.
They are totally fenced, to keep out intruders. Marshals will
keep out the '~otdoggers" after one warning. Spectators are
allowed in the patio area. The perimeter fencing will be cyclone
with redwood slates.
PC-258
Page 15
PC-258 -
Page 16
14-U-77
approved
/
/
MINUTES OF THE JULY 11, 1977 PLANNING COMMISSION MEETING
Mr. Stockwell said he would like a speaker address system on the building
for emergency only and two speakers for music for the patio area. He
added that it would not be heard outside the park, and it would never be
hard rock music.
Chairman Koenitzer asked for comments from the audience.
Mr. Thomas M. Root, 1722 Horanda, said he is a resident of the apartment
complex nearby, and had a few concerns about the proposal. Noise: He
does not believe it will be possible to have a speaker system heard in
the patio area and not heard at the apartment complex. Traffic: There
is a bike path along Stelling Road but no bike paths along Homestead.
He believes this proposal could contribute to a significant traffic
hazard.
Mr. Robert W. Halverson, 1716 Noranda, said there is a significant safety
problem in the area now and this proposal will increase the skateboards
in this area. 'He is concerned' about potential noise.
Since there were no further comments from the audience, it was moved by
Comm. Blaine, seconded by Comm. Adams to close the public hearing.
Motion carried, 5-0
Comm. Adams would like Condition 26 to be more restrictive in regard to
security'. noise and solving of possible social problems.
It was decided condition 17 should read: "Outdoor speakers permitted
in patio area only shall not be audible outside the park."
Moved by Comm. Adams, seconded by Comm. Blaine to approve application
14-U-77 subject to standard conditions 1 through 14 and conditions 15
through 28 in the July 7, 1977 staff report with conditions 17 and 26
modified at this meeting and subject to Exhibits A and B.
AYES:
NOES:
Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer
None
Motion carried, 5-0
The audience was informed that an appeal to this decision should be
addressed to the City Council in writing within 5 days.
- , ..
~ITXUTES OF THE Jt:LY 11, J ~lïï l'J..\\'~:I:~G Cœ·f}HSSION ~ŒETING
PC-258
Page 17
Fil1c1in~s: The us,", or IIses are in conformHllce wlth the general
plan anù not detr i'lental to exisÇing uses or to uses specifically
permitted in the zone in which çhe 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
safety, peace, morals and general welfare of persons
working in the neighborhood of such proposed use not
property and improvements in the neighborhood.
health.
residing or
inj uri94s -t.o '
. . -. .. .~i .:....,:_,
NEW BUSINESS
Chairman Koenitzer asked the Commissioners to consider any
questions he should bring up at the Mayor's Luncheon to be held
the following Thursday. Théy could call these questions to his
attention at the July 13th meeting.
ADJOURNMENT
Chairman Koenitzer adjourned this meeting at 1:15 AM to 7:30 PM,
Wednesday, July 13,1977.
APPROVED:
ATTEST:
Wm. E.