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PC 02-14-77 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COM'-ISSION HELD ON FEBRUARY 14, 1977, IN THE COUNCIL CHA!1BER CITY HALL, CUPEP.I'nrO, CALIFOFNIA : SALUTE TO THE FLAG Chairman Adams called the meeting to order at 7:30 PM with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Blaiœ,Koenitzer, Markkula, Chairman Adams Gatto, Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian City Engineer Whitten Deputy City Attorney Foster Assistant Planner Piasecki APPROVAL OF MINUTES Minutes of Regular Meeting of January 24, 1977. Page 3, paragraph 3, lines 1 and 5: spelling is "Deucher", not "Deuchan" a Page 3, paragraph 5, line 1: delete "is" and replace with "he". Page 4, last paragraph, add: "This idea was considered but discar- ded. " Page 7, 4th paragraph from the bottom, add: "It was determined that it would not be visible from any other part of the City." Page 8, paragraph 4, last line, delete: "resurveying" and replace with "resurfacing". Page 11, 3rd paragraph, first line, last '.;ord: delete "the" and replace wich "a". Page 11, last paragraph, last line: delete "Blvd.". PC-247 Page 1 PC-247 Page 2 MINUTES OF THE FEBRUARY 14, 1977, PLANNING COMMISSION MEETI~¡G Moved by Comm. Blaine, seconded by Comm. Koenitzer to approve the Minutes of January 24, 1977, as corrected. Motion carried, 4-0 POSTPONEMENTS: None WRITTEN COMillNICATIONS Letter from the Sanitary District regarding 30-TM-76. ORAL COMMUNICATIONS: None PUBLIC HEARINGS 1. Application 12-U-76 of USA PETROLEUM CORPORATION: Modification of USE PERMIT to convert existing self-serve gasoline station to post pay design. Said property is located at the southeast corner of the intersection of Stevens Creek Blvd. and Blaney Avenue. First Hearing continued. The Assistant Planning Director reviewed the staff report that had been distributed prior to the initial hearing on this application. At that time, the Planning Commission felt it could not justify revision of the entire site without also reviewing the on-site traffic patteru. The staff feels that since the applicant is going to make substantial changes, perhaps the circulation should be restudied. Exhibits of the present situation, the applicant 's request and the staff's recommendations of alternatives A and B were placed on the bulletin board for revi~w. Mr. Bill Knowles, 1130 Marina, Napa, California, said he was representing the applicant. It was his understanding that the only change being requested is the addition of the pay booth. He said he has not had any discussions with the staff. The Assistant Planning Director stated that previous negotiations had been with Mr. Ken Sargents. , ¡ Chairman Adams called attention to the present lack of stacking area for , the cars entering from Stevens Creek Blvd. This was especially apparent I during the gas shortage experienced in this area some time ago. i Comm. Blaine said she wanted to know the manner in which the customers would pay for their gas. Mr. Knowles said this is all electronic; each I dispenser has a readout in the pay booth. The cars pull up to the pay i booth to pay their bill. MINUTES OF THE FEBRUARY 14, 1977, PLJJINING COMMISSION MEETING Comm. Markku1a asked the applicant to comment on the necessity for having all the cars going in one direction. Mr. Knowles said they presently have about 150 of these service stations and they have found it is necessary to have them all go in one direction so the cashier can keep track of the paying customers. Mr. Knowles said that if the customers have to walk up and pay it will slow dm;n the operation. The plan is that they just get their gas and then drive up to the pay booth to pay for it. He said they have stations that are "300,000 to 400,000 per month" and they do not have a stacking problem. At this point, Chairman Adams summarized the application for modification at this service station. Comm. Blaine said it can, in its present design, cause a problem on Stevens Creek Blvd. if the cars should stack up. She wondered if the applicant would like to ask for a continuance so he could discuss this aspect with others in his company or if the Planning Commission should go ahead and act upon his current proposal. Comm. Blaine said she was in favor of the staff's Alternate A. Comm. Koenitzer, Comm. Markkula and Chairman Adams agreed. The Assistant Planning Director said he has spoken with the Corporation's main office and they are definitely against the staff's proposals. Mr. Knowles asked for the opportunity to go back and reconsider. The Assistant City Attorney advised there should also be public notification of this action. Moved by Comm. Blaine, seconded by Comm. Koenitzer to continue application 12-U-76 to March 14, 1977. Motion carried, 4-0 Comm. Koenitzer advised the applicant that the Planning Commission was not suggesting relocation of the underground storage tanks. 2. Application 30-TM-76 of ROBERI NELLIS: TENTATIVE MAP to divide 5-acre parcel into two parcels containing approxi- mately 2-1/2 acres each. Said property is located at 22322 Regnart Road. First Hearing. The Assistant Planning Director reviewed the topographical map of the northwest portion of Regnart Canyon. At the present time, there are 2 dwelling units on the 5-acre parcel. Ifhen the new PC-247 Page 3 12-U-76 continued to March 14, 1977 PC-247 Page 4 MINUTES OF THE FEBRUARY 14, 1977, PUUiNING COMMISSION tŒETING Nellis home was built, the kitchen was to be removed from the older ho~e and it was to be used only as a guest cottage. Now, with the new General Plan and the Slope/Density Formula, both homes would be allowable if there is a transfer of the development right for one additional unit from the property adjacent to the tentative map boundary area, also owned by the Nellis Family. Both homes have adequate on-site utility services and adequate access for public emergency services. In 1971, during the review of this site, there was a geologic report prepared. Comm. Blaine referred to details in the letter from the Sanitary District in regard to 2-1/2 acre sites. The Assistant Planning Director explained that this is the opinion of an agency, whereas the City Council has adopted the policy that septic tanks can be allowed under certain situa- ations. The critical points here are the public health aspect and ground stability. Both of these points have been explored. The Planning Director would like to have a representative of the County Health Depart- ment come to one of the Planning Commission's study sessions to discuss the health aspect of septic tanks. Comm. Koenitzer inquired about the agricultural implications of septic tanks if the entire area were to develop as 2.5 to 5 acre lots. Comm. Markkula would like to know what the specific problems are with the septic tanks along Pierce Road. Comm. Blaine would like to know the procedure of the Health Department in regard to septic tanks. The Assistant Planning Director said he will coordinate a meeting of the Planning Commission with the County Health Department and Sanitary District. Chairman Adams asked Counsel inspection of septic tanks. can be added to the approval if there is some instrument The Assistant City Attorney of an application. that will insure said a condition The applicant, Mr. Robert Nellis, 22322 Regnart Road, Cupertino, said he was not prepared to speak on the point of septic tanks. He offered to answer other questions, however. He said they are planning 34 total parcels in the Canyon. It would make no difference where the additional lot came from for the density transfer. Since there were no further comments from the audience, it was moved by Comm. Koentizer, seconded by Comm. Blaine to close the Public Hearing. Motion carried, 4-0 0-TM-76 pproved Moved by Comm. Koenitzer, seconded by Comm. Blaine to recommend to the City Council approval of application 30-TM-76 with the 14 standard conditions and conditions IS through 18 listed in the February ll, 1977 staff report. MINUTES OF THE FEBRUARY 14,1977, PLANNING COMMISSION MEETING FINDINGS: The Planning Commission made the following findings: a) That the proposed map is consistent with the General and specific plans. b) That the design or improvement of the proposed suqdivision is consistent with the General and specific plans. c) That the site is physically suitable for the type of development. d) That the site is physically suitable for the proposed density of development. e) That the design of the subdivision or the proposed improve- ments are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f) That the design of the subdivision or the type of improve- ments are not likely to cause serious public health problems. g) That the design of the subdivision or the type of improve- ments will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. h) That the proposed subdivision map is consistent with the General and specific plans with the transfer of one unit from the adjoining property. i) That the map is consistent with the General and specific plans since the site has been checked by a geologist and is suitable for this type development and also suitable for this proposed density. AYES: NOES: ABSENT : Ccmm. Blaine, Koenitzer, Markkula, Chairman Adams None Comm. Gatto Motion carried, 4-0 MINUTE ORDER: Moved by Comm. Koenitzer, seconded by COllin. Blaine to request the City Council consider addition of a condition requiring inspection of the septic tanks at some suitable inter- val which shall be recommended by the staff. Motion carried, 4-0 PC-247 Page 5 Septic Tank inspection adv ised PC-247 Page 6 MINUTES OF THE FEBRUARY 14, 1977, PLANNING COMMISSION MEETING 3. Application l-U-77 of VALLEY CHURCH: USE PERMIT to allow Valley Christian School an increase in student enrollment from approximately 300 to approximately 500 with an addition of approximately 5000 sq. ft. classroom and related facilities to the existing structure. Said property is located at 10885 North Stelling Road. First Hear ing . The Assistant Planner reviewed the proposal, as outlined in the February 10, 1977, staff memo. There are two points of contention: 1) The applicant was unaware of the requirement for underground utilities; 2) There is no record on file as to allowing the trailer presently on the property. The City Engineer said that, unfortunately, sometimes the people don't read or understand the standard conditions of approval. The staff is presently trying to stress them as they confer with the applicants. Mr. Kelsey Patterson, 1336 Warner Avenue, Sunnyvale, said he is Chairman of the Valley Church Building Committee. He said they will be able to conform to the requirements. The trailer will be removed in due time. It belongs to the Valley Christian Day School and will be gone within two months. Comm. Koenitzer asked the City Engineer about the traffic volµme in this area. The City Engineer said during peak hours (7 to 8:30 AM and 4:30 to 6 PM) there are 1100 cars per hour. There are 4 lanes except for a short distance along Pastoria in Sunnyvale. During the week, most of the students are bussed in. During the weekends we don't have the traffic volumes to worry about. Since there were no further comments from the audience, it was moved by Ccmm. Blaine, seconded by Comm. Harkkula to close the public hearing. Motion carried, 4-0 l.,.U-77 approved Moved by Comm. Blaine, seconded by Comm. Markkula to recommend to the City Council of application I-U-77 with the 14 standard conditions and conditions 15 and 16 in the staff report; and condition 17 - This approval shall be based upon Exhibit A. Findings: The Planning Commission finds: 1) That the use is in conformance with the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which this proposed uSe is to be located. 2) That the property involved is adequate in size and shape to accommodate the proposed use. - MINUTES OF THE FEBRUARY 14, 1977, PLANNING COMMISSION MEETING 3) That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street systl!lIl. 4) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare çf persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighbor- hood. AYES: NOES: ABSENT: Comm. Blaine, Koenitzer, Markkula, Chairman Adams None Comm. Gatto Motion carried, 4-0 4. Application 2-U-77 of DEVCON CONSTRUCTION, INC.: USE PERMIT to allow construction of 2' industrial buildings totaling approximately 50,000 sq. ft. Said property is located westerly of and adjacent to Bandley Drive approximately 500 feet northerly of the intersection of Bandley Drive and Alves Drive. First Hearing. The Assistant Planning Director reviewed the map of the property, located within the De Anza Blvd. Conceptual Plan. The proposal is for a 50,000+ professional office-type building. This site has been involved in two similar applications previously, one of which expired and the other which was for residential develop- ment was approved by the Planning Commission but subsequently denied by the City Council. The Assistant Planning Director stated this site plan encompasses all the design parameters dictated by the De Anza Conceptual Plan One modification to the exhibit on the bulletin board is the elimination of one driveway and the other one moved toward the center of the frontage of this property. An aerial photograph showed the surrounding property usages. Mr. Tom Masters. Architect, 727 Bicknell Road, Los Gatos, said he has reviewed this proposal with the staff and he feels they have ironed out most of the problems. He answered Connn. Markkula that these are spec buildings. The maximum number of tenants is 6 Comm. Blaine was concerned about the trash bins being located in the back, near the existing residential. Mr. Masters said he anticipates that the type of tenants here would not generate an objectionable type of trash. They try to design trash areas so they are located for the convenience of the tenants so they will be used. PC-247 Page 7 PC-247 Page 8 MINUTES OF THE FEBRUARY 14, 1977, PLANNING COMMISSION MEETING Comm. Blaine is also concerned about truck traffic adjacent to residential. Mr. Masters said this research and development use will generate light truck traffic. They will need to be serviced by an overhead door. It is not a loading dock or a distribution-type activity. They anticipate that 50% of the building will be offices and 50% will be assembly; for a microelectronics business. The Assistant Planning Director answered Comm. Blaine that H-Control had reviewed this proposal. Their main concern was about landscaping the perimeter. The 15 foot wall will buffer the sound from the Garden Gate residences. The key here is the timing of the trash pickup. The City of Cupertino has an ordinance regulating trash pickup in commercial zones, but not industrial, Comm. Blaine would like the same restrictions on this application as were placed on the Westfield project on Tantau Avenue. Chairman Adams asked for comments from the audience. Dr. Joe Brown, 20985 Peppertree Lane, Cupertino, said what is going north of this property is going to be industrial, not residential. Since there were no further comments from the audience, it was moved by Comm. Koenitzer, seconded by Comm. Markkula, to close the public hearing. Motion carried, 4-0 t-U-77 Lpproved Moved by Comm. Blaine, seconded by Comm. Markkula to approve application '2-U-77 with the 14 standard conditions, conditions 15 through 20 in the staff report, deletion of condition 21, and inclusion of conditions 22 and 23 in the staff report; and condition 24. That the same restrictions be placed on this application regarding truck traffic and trash pickup as were placed on the Westfield development, and implementing of Cupertino Municipal Code Section 10.45.030; Condition 25. That this approval is applicable to Exhibit A First Revision, dated February 14, 1977. FINDINGS: The Planning Commission makes the following findings: 1) That 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. 2) That the property involved is adequate in size and shape to accommo- date the proposed use. 3) That the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system. MINlTrES OF THE FEBRUARY 14, 1977. PLMmING COMMISSION MEETING 4) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighbor- hood. AYES: NOES: ABSENT : Comm. Blaine, Koenitzer, Markkula, Chairman Ad'ams None Comm. Gatto Motion carried, 4-0 5. CITY OF CUPERTINO: Public Hearing to consider an interim ordinance to regulate conversion of apartments to condominium First Hearing. The Assistant Planner said that although legal notice is not required, the staff has sent notices out to all major apartment complexes in the area. He suggested this matter could be con- tinued to March 14th to consider comments of those interested persons who were not able to come to this meeting. The Assistant Planner reviewed the February 11, 1977 staff report on this matter. Approval of a conversion at the present time could be consistent with the existing General Plan. Comm. Markkula asked if there were any apartment complexes currently in the process of asking for this conversion. The staff said there have been no proposals of this kind since 1974. Chairman Adams asked for comments from the audience. Mr. Godfrey Sullivan, 23580 Skyview Terrace, Los Gatos, said he was appearing on behalf of several owners in the area. He indicated that either he or Mr. Rick Alhona could be contacted about this matter at the R. W. Zukin Corporation, Menlo Park, phone 415-328-5050. They wished to know the City's thinking on this -- pro and con. He was given a copy of the staff report which should answer most of his questions. He was also told the Planning Commission is proposing to devote the second meeting of each month to planning. Moved by Comm. Blaine, seconded by Comm. Koenitzer to close the public hearing. Motion carried, 4-0 PC-247 Page 9 ~C-24 7 ~age 10 ~oratorium on ipts to condos r ec ommend ed MINUTES OF THE FEBRUARY 14, 1977, PLANNING COMMISSION MEETING Moved by Comm. City Council condominiums. Koenitzer, seconded by Comm. Bla:i1e to recommend to the the moratorium on conversion of apartments to AYES: NOES: ABSENT : , Comm. Blaine, Koenitzer, Markkula, Chairman Adams None Comm. Gatto Motion carried, 4-0 UNFINISHED BUSINESS: None. NEW BUSINESS: 6. Extension of Tentative Map 4-TM-75 - Lamont E. Williams. The Assistant Planning Director said the staff feels the applicant has been diligent, but it is taking time to work out details with the adjacent properties. Comm. Blain asked the staff to review how this circulation plan fits in with adjacent properties. The Assistant City Attorney cautioned that any change in this Tentative Map would require public hearing. The Assistant Planning Director said the plan now is to bring Lindy Lane up the canyon and there is the possibility of a loop road coming back to Lindy Lane. The Assistant City Attorney advised the applicant should be given the opportunity to be present if the Planning Commission feels the Tentative Map should not be extended. Comm. Koenitzer could see no reason for not extending this Tentative Map for one year. Comm. Blaine wanted to extend it for two months and then have the opportunity for the Planning Commission to review it again. The Assistant City Attorney advised the Planning Commission could give two extensions as long as the two do not total more than one year. Comm. Markkula said it would be to the advantage of the City to have a better circulation plan if this property were to join with the adjacent property. The Assistant Planning Director stated the grounds on which the decision about extension of this tentative map should be made is "diligence". MINUTES OF THE FEBRUARY 14, 1977 PIJL~NING COMMISSION MEETING Moved by Comm. Blaine, seconded by Comm. Markkula to extend 4-TM-75 for two months - to the first Planning Commission meeting in April 1977. AYES: NOES: ABSENT : Comm. Blaine, Koenitzer, Markkula, Chairman Adams None Comm. Gatto Motion carried, 4-0 7. DIVIDEND INDUSTRIES (31-TM-76): Report to the City Council concerning changes in Tentative Map. The February 10, 1977 staff report on this matter was introduced. The Assistant Planning Director reviewed the map on the bulletin board. The Central Fire District had no quarrel with the two cul-de-sacs, as recommended by the City Council, with the pro- vision for emergency access. The reason is so that Ann Arbor Avenue will not be used as a "race track". Comm. Markkula said he prefers the original plan which provides easier access to the park for the people living to the north of i Chairman Adams said perhaps the City Council is looking for cutting down of the traffic in this area with tti!šdouble cul-de-sac. He had no objections to it. Comm. Koenitzer observed that it is easier to make a through street out of a double cul-de-sac than vice versa. Comm. Blaine was willing to go along with\this proposal. Her concern was for the emergency exit to get out of that area, and this has been resolved. Comm. Markkula suggested Ann Arbor stop at Lot U24 to make Hazelbrook stop at Lot US7 and then create a larger landscaped area in between. He is concerned about 2 cul-de-sacs at Lot #24. Moved by Comm. Markkula, seconded by Comm. Blain~, to report to the City Council that the Planning Commission finds the concept of cul-de-sacing the southerlymost connector street from Ann Arbo to Stelling Road to be acceptable; however, the Commission would like H-Control and the Parks and Recreation Commission to conduct a design analysis of the cul-de-sac plan. Said plan should balan e the objectives of increasing landscaping space versus asphalt adjacent to Lot 24 with the need to delineate the boundary betwee the private yard of Lot #24 and the public park land. Motion carried, 4-0 PC-247 Page 11 4-TM-75 extended for 2 months 31-TM-76 changes recommended PC-247 Page 12 MINUTES OF THE FEBRUARY 14, 1977 PLANNING COMMISSION MEETING REPORT OF THE PLANNING COMMISSION Chairman Adams reported on the recent Mayor's Meeting: 1) The City Council rejected application for 4 single family residences on Terry Way. 'Counc. Nellis said planned developments are sometimes misused, She added that minimum-sized lots are a problem an4, the Planning Commission should explore ways of solving the problem. 2) Water conservation efforts were explored. There should be a list of plants that are drought-resistant. The staff was asked to obtain this information for the Planning Commissioners. The Santa Clara County Water District has put out information on this. Comm. Koenitzer reported briefly on the recent Planning Institute. Comm. Blaine said she is interested in energy conservation management _ being specific on new and old developments. She wonders if the Planning Commission should ask for direction from the City Council on this. Chairman Adams asked the staff tp put this on the next agenda. Comm. Blaine asked Counsel to elaborate on recent article in newspaper. The Assistant City Attorney advised the Planning Commissioners should go out and determine what is in the public interest, but when it comes to a particular item, the Commission's decision becomes quasi-judicial and due process comes into play. The Planning Commission's decisions should be based on what has gone on record during public hearing. Comm. Blaine asked the staff to take a lot of pictures and prepare a lot of data on items on the agenda if the Commissioners are not to go out and view the sites where they will be making quasi-judicial decisions. \ REPORT OF PLANNING DIRECTOR The Assistant Planning Director showed an aerial photograph of an area within "Old Monta Vista" where a group of buildings wish to share a common parking area. The entire block is owned by two families. 'Mr. Dave McLeroy, 21920 Hermosa, Cupertino, CA 95014 (255-4120 or 252-5950) : said he wishes to occupy the old Monta Vista Hardware Store. He wishes to have a house plant and gift shop, with a second use to be an I upholstery or carpet supply business. Comm. Blaine said both of , these uses would be more restrictive than the hardware store use. Comm. Markkula said this proposed use conforms to the non-conforming use : ordinance. MINUTES OF THE FEBRUARY 14, 1977 PLANNING COMMISSION MEETING Moved by Comm. Blaine, seconded by Comm. Markkula that the 'Planning Commission finds the use for this building as a retail plant and gift shop is of a more restrictive nature than the former use of the building. Motion carried, 4-0 The Assistant City Attorney advised that expansion of a mon-con- forming use is not allowed. Previous motion was amended by Comm. Blaine, seconded by Comm. Koenitzer to include upholstery shop or carpet shop. Motion carried, 4-0 The Assistant Planning Director asked the Commissioners to let the staff know by February 16th whether or not they plan to atten the Saturday workshop. ADJOURNMENT Chairman Adams adjourned this meeting at 10:40 PM. APPROVED: ATTEST: pc-247 Pag e 13 Plant & gift shop OK