PC 01-10-77
CITY OF CUPERIINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California
Telephone: 252-4505
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MINlTrES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON
JANUARY 10, 1977, IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO,
CALIFORNIA
SALlTrE TO THE FLAG
Chairman Adams opened the meeting at 7:35 p.m. with the Salute to the
Flag.
ROLL CALL
Comm. present:
Comm. absent:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Staff present:
Director of Planning and Development Sisk
Assistant Planning Director Cowan
Assistant City Attorney Kilian
City Engineer Whitten
Deputy City Attorney Foster
APPROVAL OF MINlTrES: Minutes of Regular Meeting of December 13, 1976
Page 3, last paragraph, second sentence to read: "She though!: agglomera-
ting commercial uses in separated areas would better enable them to con-
trol traffic."
Same paragraph, last sentence, last line to read, ".. .nearby regional
shopping center."
Page 3, paragraph 4, second sentence, replace the word "They" wi th
''The Commission...."
Comm. Gatto moved to accept Minutes of December 13, 1976, as amended.
Seconded by Comm. Koenitzer.
Motion carried, 4-0
POSTPONEMENTS: Item U6 - Application 30-TM-76 of ROBERT NELLIS.
Comm. Koenitzer moved to continue to meeting of 1/24/77
as requested by the applicant. Seconded by Comm. Gatto.
Motion carried, 4-0
PC-245
Page 1
Minutes of
12/13/76
approved as
amended
30-TM-76
continued t
1/24/77
PC -245
Page 2
25-U-76
Sunny View
Lutheran
Home
.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
WRITTEN COMMUNICATIONS: None
ORAL COMMUNICATIONS: None
PUBLIC HEARINGS:
1. Application 25-U-76 of SUNNY VIEW LlTrHERAN HOME: USE PERMIT to
allow construction of a 100-unit senior citizens housing project.
Said property is located easterly of and adjacent to Foothill
Blvd. approximately 100 ft. northerly of the intersection of
Cupertino Rd. and Foothill Blvd. First Hearing continued.
Assistant Planning Director Cowan advised the Council had approved of
this application in concept.
Mr. Cowan noted the applicant had modified the site plan to increase
the minimum distance from the northerly property line to the building
by an additional 5 ft. and increased the northerly planter to a width
of 10 ft. Condition No. 24 requires a minimum landscape strip of 20 ft.
along the northerly property line.
Mr. Jay W. Mitchell, 701 Welch Road, Palo Alto, architect, said they had
made several adjustments to their plans based on discussions at previous
meetings. These were shown on the amended drawings which had been sent
to the Commissioners. Using a large scale drawing, Mr. Mitchell illus-
trated relationship of building to apartments on Salem Drive.
Mr. Mitchell questioned the need for a 20 ft. landscaping strip to ensure
adequate screening. The net effect of tree placement would be to soften
and minimize impacts of the buildings.
Mr. Mitchell said the buildings had been moved 7 ft. and to move them
further would create an adverse impact on the site.
Mr. Cowan noted ordinance requires 29 ft. back-up space, but staff felt
extra green space could be gotten by decreasing back-up space to perhaps
24 ft. The stall width could be widened. Having the 20 ft. landscaping
strip would create greater flexibility for placement of trees.
Mr. Mitchell refe=ed to Condition No. 22 which said the applicant would
provide a bus stop shelter. He said they would try to do this but since
this was a HUD project, their resources were limited. They need to know
how costly it will be and how the funds can be shared with the City
before they could make a decision.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
PC-245
Page 3
Mr. Sisk answered Comm. Gatto there is a standard pre-fab type unit
available. He explained how cost would be shared or funded from the
Santa Clara County Transit District.
Comm. Blaine spoke of her concern for the elderly people crossing
Foothill Blvd. after leaving the bus. She wondered if the bus could
be routed into the development. Mr. Mitchell said this had been dis-
cussed with the County who indicated this might be a possibility at a
later date.
Comm. Blaine also was concerned about sound impact of automobiles in
parking area on the apartments on Salem. Mr. Mitchell used site plan
to illustrate proposed traffic circulation. He noted one road was
cordoned off and would not be used as a loop road.
Comm. Gatto-suggested relocating some of the parking stalls away from
the northerly boundary area. Mr. Mitchell said this could be done, but
reiterated there are very few automobiles among ~he senior citizens.
An aerial photo was displayed which showed relationship of the apart-
ments to the existing and proposed developments.
The hearing was then opened for public comment.
Mr. Leland Appleberry, 22462 Salem Avenue, Cupertino, said everything
that was being allowed here was denied him on his triplex for Lot 51
on Alpine Drive. He did not think senior citizens should be put in a
3 story building. He said there are four apartments in a row that will
be impacted by this development. He had offered to completely screen
his building and had been denied a 3 unit development and this was for
100 units. He said the City hadn't worried about Appleberry I s expenses.
He ~elt more time and study should be put into this proposal. He said
there would be ambulances and garbage trucks going behind their apart-
ment.
Mrs. Robin Appleberry, 22448 Salem Avenue ,Cupertino , said she lived
di rectly in back of this road and her building was closest. to the
proposed addition. She has a playground for her children which will
be affected by the parking area and she stressed with 100 units thére
will be traffic. The 3 story building will block what sun her place
is now getting.
Mrs. Sandy France, 22462 Salem Avenue, Cupertino, questioned what type
of fence would be put up. The present fence will allow car lights to
disturb her tenants. A 3-story building behind their 2-story building
will bring their property value down a lot. She doubted if her tenants
would pay rent to look at parking lots.
PC-245
Page 4
MINlTrES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Public Hear-
ing closed
There being no further comments, Comm. Gatto moved to close Public Hear-
ings. Seconded by Comm. Blaine.
Motion carried, 4-0
Comm. Blaine said she felt having an additional 5 or 10 ft. of planter
area would help as the buildings have to be screened. The kind of
screening can be left to H-Control. Screening, however, will not help
the noise problem. She felt Comm. Gatto 's proposal to move the parking
stalls should be investigated further.
Chairman Adams also felt there should be a 20 ft. landscaping strip and
the parking stalls relocated.
Comm. Blaine was answered by Mr. Cowan that no condition spoke to noise
impact on residences on Salem Avenue. Mr. Cowan said he had a letter
from the regional director of HUD regarding their experiences with
parking needs in this type of project. HUD estimated a 100 unit develop-
ment would need 50 spaces.
Comm. Blaine pointed out the ratio between the 2-story buildings and the
3-story building was the same as the I-story buildings and 2-story build-
ings found intermixed throughout the City.
Mr. Cowan referred to Condition No. 17, noting this could be expanded to
include traffic related noises and visual impact on residences on Salem
Avenue.
Comm. Koen1tzer pointed out that since part of the living areas were on
the second floor, even a sound barrier would not be effective.
Comm. Gatto proposed to change wording of Condition No. 25 to read as
follows: ''The Architectural and Site Approval Committee shall have the
ability to slightly modify and relocate the number of on-site parking
spaces to accommodate the landscape area provided for in Condition No. 24
and/or improve the visual relationship to residences on Salem Avenue."
Comm. Gatto felt the parking on the Salem side should be for residents
only and signing to this effect should be included.
Also, the refuse area should not be along back of Salem. Location of
these areas and truck circulation for picking up trash was discussed.
Mr. Oliver Rlidd, Administrator of Sunny View Lutheran Home, said the
traffic in back area will be minimal and very seldom after dark. With
regard to 3-stories, he referred to high rise development on Lytton in
Palo Alto, which has been very successful.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
The applicants agreed to relocate. the refuse area and to limit parking
in back to residents only.
Comm. Gatto suggested adding a condition 26 to specify that parking
along north side would be exclusively for residents and signed
appropriately. Also that refuse at easterly side of the building would
be relocated to the westerly side.
Comm. Koenitzer said he felt the same concern should be shown to the
residences on Salem Avenue that had been shown to those on Vista Knoll.
He suggested switching the two and three story portions of the building
so the two story would be nearest to the residences on Salem Avenue.
This was discussed. Mr. Mitchell thought that it might be possible to
switch the 2- and 3-story elements.
Comm. Gatto moved to approve Application 25-U-76, subject to 14 standard
conditions, 15 through 23 as presented in staff report, 24 to be modi-
fied to indicate a minimum of 15 feet, 25 to be modified as follows:
"The Architectural and Site Approval Committee shall have the ability
to slightly modify and relocate the number of on-site parking spaces to
accommodate the landscape area provided for in Condition No. 24 and/or
improve the visual relationship to residences on Salem Avenue."
Condition 26 to specify parking on northerly side adj acent to residences
on Salem will be for residents only, excluding visitor parking in that
area, and the refuse located in northeast quadrant will be relocated
to the Foothill side of that building. Seconded by Comm. Blaine.
Attorney Kilian advised this is a final decision subject only to right
of appeal to CounciL He read findings required for approval of use
permit. Chairman Adams said it was his belief they had found positive
findings for all four elements.
Comm. Gatto noted it is in conformance with the General Plan in light
of stated goals; there is adequate land; by nature of the project, the
amount of traffic that will be generated can be supported by Foothill
Blvd. and surrounding streets; and it is the opinion of this body who
approve of this application, that conditions existing are such that
there will not be any substantial detriment to the existing property.
Comm. Koenitzer commented it appeared that a 3-story building at 90 ft.
will have the same effect of a 12 ft. high building 20 ft. from the
property line.
VOTE ON MOTION:
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Attorney Kilian advised any appeal to the City Council must be made
within five days of this decision.
PC-245
Page 5
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25-1}-·76
approved w/
conditions
PC-245
Page 6
12-U-76 ,
USA Petroleum!
Corporation ¡
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Continued to ;
end of agenda)
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City of ;
Cupertino ¡
Public Hear-
ing on I
30-U-74 !
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¡ MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
2. Application l2-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.
Since the applicant was not present and had indicated he would be,
Comm. Gatto moved to continue 12-U-76to the end of the agenda.
Seconded by Comm. Blaine.
Motion carried,4-0
3. CITY OF CUPERTINO: Public Hearing to consider revocation of
USE PERMIT 30-U-74 to allow retail tire sales in an existing
service station located at the southwest corner of the inter-
section-of Stevens Creek Blvd. and Pasadena Ave. First Hear-
ing.
Assistant Planning Director Cowan briefly reviewed background of Use
Permit 30-U-74 which was a temporary permit for a two-year period.
The two year period expired in November of 1976. Mr. Cowan pointed
out the use permit was linked to the completion of the Stevens Creek
Boulevard Plan Line Study. He also pointed out certain conditions of
approval of the original use permit had been violated by the applicant
which would warrant a public hearing to consider revocation of the use
pe rmi t.
Mr. Cowan referred to a letter from the Steering Committee of Monta
Vista. Staff was recommending an extension of the use permit with
the applicant being forewarned that an effort should be spent in
reviewing alternative locations for the facility in recognition that
within this time period there is a likelihood that the use permit for
the present operation will not be further extended or made permanent
via a use permit application for a permanent facility. Length of
extension to depend on probable time needed for comPletion of Plan
Line Study.
Comm. Koenitzer said he felt they should set a realistic period for
getting the study completed.
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¡ Mr. Kilian answered Comm. Gatto that as a legal matter, the use could
, be abated at any time after use permit expired or decision became
¡ effective.
Mr. Paul Castaneda, 1858 Mandarin Way, Cupertino, said he would agree
with what had been said with regard to a temporary permit.
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MINUTES OF THE JANUARY 10 I 1977 PLANNING COMMISSION MEETING
In answer to Comm. Gatto, Mr. Castaneda said they had tried to
answer the citations. Comm. Gatto said he had seen tires on the
of the dumpster. Mr. Castaneda said he would get a bigger bin.
outside
Mr. Castaneda said the owner was planning on building a bigger build-
ing and then everything would be inside.
Mr. Sisk pointed out that under the present permit the tires were to
be behind the building inside the fence.
Mr. Castaneda answered Comm. Blaine the tires were only changed on
the outside when the vehicle was too large to go into the building.
The hearing was then opened for public comment.
Mrs. Ann Anger, Manta Vista, agreed the use permit should be extended.
until the Plan Line Study was completed. She wanted to make sure this.
use would not be permanent as it was not what they wanted for Monta '
r
Vista. She hoped another building would not be allowed on the lot. (
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Mr. Gene Collinge, 10090 peninsula Avenue, Monta Vista, said he was ¡
president of the Monta Vista Homeowners Association. He said the I
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general agreement among steering committee members was that they \
would like to see a bigger fenced in area. The building is too small.,
for what it is used for. Personally he would rather see this business:
than another service station on this corner. [
There being no further comments from the audience, Comm. Gatto moved
to close Public Hearings. Seconded by Comm. Blaine..
Motion carried,
Comm. Gatto said he thought the staff's suggestion of a specific
period was better than an open end time period. This would give
automatic review and put the applicant on notice. Based on past
experience, he felt nine months would be a minimum reasonable time
period.
time
an
Comm. Blaine said she was concerned about the past history of this
applicant violating conditions. Once this use permit was renewed,
the same situation might prevail.
Comm. Gatto said the applicant would be on notice that if violations
continue'revocation action could be instituted again.
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Public Hear-
ings closed
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PC-245
Page 8
30-U-76
extended to
9/15/771
24-Z-76, -
28-U-76, and,'
28-TM-76
May Invest-
ment Co.
MINlTrES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Attorney Kilian assured Comm. Blaine the Planning Commission or City
Council could initiate a revocation hearing at any time.
Comm. Blaine moved to not revoke the use permit and to extend Use Permit
30-U-76 until September 15, 1977 as recommended by staff. Seconded by
Comm. Gatto.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
4. Applications 24-Z-76, 28-U-76, and 28-TM-76 of MAY INVESTMENT CO.:
REZONING approximately 0.4 acres from R3 (Residential, multiple)
to P (Planned Development with RlC single-family cluster intent)
providing for a total of four dwelling units or whatever zone may
be deemed appropriate by the Planning Commission; USE PERMIT to
construct four dwelling units in a planned development zone;
TENTATIVE MAP to divide 0.4 acres into four lots. Said property
is located easterly of and adjacent to Terry Way at its southerly
terminus. First Hearing.
"
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Assistant Planning Director Cowan briefly reviewed background of the
application. He advised new plans had been submitted. These revised
plans were designed to resolve the Planning Commission's objection
relative to potential privacy intrusion, the narrow side yard to
building height ratio, and most importantly to develop a plan which
makes better use of space located within the side yards.
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Mr. Cowan said the zoning classification had been changed (readvertised)
to reflect a Planned Development. This was prompted by the applicant's
desire to not incorporate commonly held area within the development to
be administered by a homeowners association.
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Mr. Roger W. Griffin, 3238 McKinley Drive, Sunnyvale, architect, used
exhibits to describe the changes made and the present proposal.
The hearing was then opened for public comment.
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Mr. Ron Mallard, 20608 Shelly Drive, Cupertino, said the colored render-
ing of the elevations showed the houses to look like a row of horse
stalls. He said the 5 ft. strip on north side of property would be
in perpetual shade and he doubted if too much would grow there. It
would probably be a storage area. Mr. Mallard said the last unit would
not have adequate privacy with just the wall between it and the shopping
center. More variety to the design would make it more pleasing to the
eye.
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MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Mr. Martin Hall, developer, said he agreed with Mr. Mallord and was
very disappointed in this design. He indicated some points that were
not shown by this presentation. All units would have individuality.
He felt this would be a better project because of input -received.
It would certainly look nicer than was indicated by the drawing.
Comm. Koenitzer moved to close Public Hearings. Seconded by Comm.
Gatto.
Motion carried, 4-0
CODDD. Koenitzer moved to recommend approval of 24-Z-76 to the City
Council with the 14 standard conditions and condition 15 as presented
in staff memo. Seconded by Comm. Gatto.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Comm. Koenitzer moved to recommend approval to City Council of Use
Permit 28-U-76, with 14 standard conditions, and conditions 15 and
16 as presented in staff memo. Seconded by Comm. Blaine.
Comm. Gatto ascertained it was intended that the landscaping screen
would be installed by the developer at the time the building was built
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4"-0
Comm. Koenitzer moved to
Council with 14 standard
presented in staff memo.
recommend approval of 28-TM-76 to
conditions, and conditions 15 and
Seconded by Comm. Blaine.
City
16 was
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Chairman Adams advised this would go before the City Council on
February 7, 1977.
PC-245
Page 9
Public Hear-
ings closed
24-Z-76
approved w/
conditions
28-U-76
approved w/
conditions
28-TM-76
approved w/
conditions
PC-245
Page 10
26-U-76
James Jack-
son, Daniel
Donovan,
Ralph
Brogdon
Public Hear
ing closed
26-U-76
approved w/
conditions
30-TM-76
Robert
Nellis
continued
to 1/24/77
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
5. Application 26-U-76 of JAMES JACKSON, DANIEL DONOVAN, RALPH
BROGDON: USE PERMIT to allow construction of a single-story
professional office. building containing approximately 4200
sq. ft. within a Planned Development zone. Said property is
located at the northwest corner of the intersection of
Pacifica Dr. and Torre Ave. First Hearing.
Planning Director Sisk referred to staff memo of January 6, 1977.
He noted the application is consistent with the General Plan.
The building is to be constructed in two phases. Set backs are
in accordance with guidelines. He pointed out reciprocal ease-
ments that would be required.
Comm. Gatto ascertained the easements are a matter of record.
Comm. Koenitzer asked to have original conceptual plan exhibited.
This was done and briefly reviewed.
Mr. Stanton Elliott, 131 E. Hamilton Ave., Campbell, architect for the
project, said that as far as they are aware, they have complied with
all requirements.
~he hearing was opened for public comment. There were none.
Comm. Gatto moved to close Public Hearings. Seconded by Comm. Koenitzer.
Motion carried, 4-0
Comm. Gatto moved to recommend approval of 26-U-76,
14 Standard Conditions and Conditions 15 through 17
the staff report. Seconded by Comm. Blaine.
subject to the
as enumerated in
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Chairman Adams advised this would go before the City Council on
January 17, 1977.
6. Application 30-TM-76 of ROBERT NELLIS: TENTATIVE MAP to divide
5-acre parcel into two parcels containing approximately 2~ acres
each. Said property is located at 22322 Regnart Road. First
Hearing.
Continued to 1/24/77 per applicant's request.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
7. Application 27-Z-76 of RICHARD H. CHILDRESS: REZONING approxi-
mately 20.39 acres from Al-43 (Agricultural-Residential,
single-family, l-acre lots) to Rl-120 (Residential, single-
family, 120,000 sq. ft. per dwelling unit) or whatever zone
may be deemed appropriate by the Planning Commission. Said
property is located in the Regnart Canyon west of Regnart Rd.
First Hearing.
Assistant Planning Director Cowan referred to displayed diagram and
located property. He noted the tentative map had been delayed in
order to finalize the geologic report and septic tank percolation
tests.
Mr. Cowan explained proposed rounding up of slope formula. Staff was
recommending rounding up to the next whole number as long as the
rounding increment did not result in a density increase exceeding
10%.
Mr. Cowan said after reviewing application it was found that the
smallest lot was 3 acres, so staff was suggesting the Rl-120 be
designated as Rl-l30.
Comm. Gatto thought tying down to specific lot sizes might create too
much inflexibility. He asked if there was any way to zone it to
conform to General Plan under the present ordinances.
Mr. Cowan said they intended to develop an ordinance of appropriate
density to prohibit lots being further divided. He said all the
information on this property would be available in two weeks at the
time of review of the tentative map.
Mr. Richard Childress, 22025 Regnart Road, Cupertino, felt the Rl-120
designation would give more flexibility. He wanted to ensure there
would not be 7 lots; he only wanted 6. Comm. Gatto advised this woul
be resolved at time of the tentative map review.
The hearing was opened to public comment. There were none.
Comm. Gatto moved to close Public Hearings, seconded by Comm. Koenitze
Motion carried, 4
Comm. Blaine moved for approval of Application 27-Z-76. Seconded by
Comm. Gatto.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4
PC-245
Page 11
27-Z-76
Richard H.
Childress
Public Hear-
ings closed
27-Z-76
app roved
PC-245
Page 12
Minute Order
29-Z-76 and
31-TM-76
Dividend
Industries
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Chairman Adams advised this would go before the City Council on
February 7, 1977.
A discussion was held on rounding up. Comm. Gatto proposed a
recommendation for future guidelines be that five units or greater
(more than half) be rounded; under five units, no rounding would be
allowed. Seconded by Comm. Blaine. Comm. Gatto proposed a recommen-
dation for future guidelines for 5 units or greater, that the number of
units shall be rounded out, but for less than 5 units, the calculations
would not be rounded out.
8. Applications 29-Z-76 and 31-TM-76 of DIVIDEND INDUSTRIES:
REZONING 21.3 acres from R3-2.2 (Residential, multiple,
. 2,200 sq. ft. per dwelling unit) to Rl-7.5 (Residential,
single-family, 7,500 sq. ft. per dwelling unit) or whatever
zone may be deemed appropriate by the Planning Commission;
TENTATIVE MAP to divide 21.3 acres into 57 to 87 single-
family residential lots depending on acquisition of 7.4-acre
park .site by the City of Cupertino. Said property is located
at the northwest corner of the intersection of Alves Drive and
Stelling Road. First Hearing.
Planning Director Sisk advised the tentative map portion of the appli-
cation would be continued to the next meeting because of questions
concerning the impact of the pedestrian easement and the ultimate
right-of-way necessary along Stelling Road. The easement currently
exists connnecting the subject site and the neighborhood to the
northwest at the corner of Rumford Drive and Castine Avenue, but is
not improved or used.
A site plan was displayed and Mr. Sisk pointed out areas of concern.
He noted if a pedestrian easement is deemed desirable it would be
relatively easy to modify the plans to reflect the existing dedicated
right-of-way for Ann Arbor Avenue.
Mr. Dick Oliver, P. O. Box 2805, Santa Clara, said their concern was
that the City might decide not to buy land for the park which would
force them to come in again. It would also help them to know if the
walkway was wanted or not.
Comm. Blaine felt a road might be better than the narrow pedestrian
walkway.
Comm. Koenitzer pointed out if no access was provided in this general
area, residents to the north would have no access to the park.
MINUTES OF THE JANUARY 10, 1977 PLANNING CO~1ISSION MEETING
Both Comm. Koenitzer and Comm. Blaine said they felt the residents
near the park should have convenient access to the park.
Mrs. Don E. Scheiman, 21150 Hazelbrook Drive, Cupertino, said Ann
Arbor would be a natural way for residents of Hazelbrook and other
streets in this area to get to the park. She ascertained a decision
on the road would be made when the tentative map was discussed.
Comm. Gatto answered Mrs. Scheiman that the road pattern would depend
on whether it was multiple or single-family.
Mr. W. W. Phelps, 27090 Hazelbrook Drive, Cupertino, was concerned
about width of lots. Mr. Sisk said the minimum was 70 ft.
Ms. 0 'Patti Brisco said she would rather see land purchased on other
side for Garden Gate residents. She thought this density was too high
Comm. Gatto moved to close Public Hearing on zoning application.
Seconded by Comm. Koenitzer.
Motion carried, 4-0
Comm. Gatto moved to recommend approval of Application 29-Z-76 to
the City Council. Seconded by Comm. Koenitzer.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Comm. Gatto moved for a Minute Order to recommeud to City Council
that hearings be initiated to rezone any property acquired for parks
at the time the land is acquired. Seconded by Comm. Blaine.
Motion carried, 4-0
Comm. Gatto moved that Application 31-TM-76 be continued to meeting
of January 24, 1977. Seconded by Comm. Blaine.
Motion carried, 4-0
A recess was declared at 10:15 p.m. with the meeting reconvening at
10:23 p.m.
PC-245
Page 13
Public Hear-
ing on Zoning
closed
29-Z-76
approved
Minute Order
31-111-76
continued to
1/24/77
PC-245
Page 14
30-Z-76
James G.
Boghosian
Public Hear-
ing closed
30-Z-76
approved
MINlTrES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
9. Application 30-Z-76 of JAMES G. BOGHOSIAN: PREZONING 0.44
acres from Santa Clara Co. CN (Commercial) and 0.71 acres
from Santa Clara Co. Rl-IO to City of Cupertino Rl-IO
(Residential, siagle-family, 10,000 sq. ft. per dwelling
unit) or whatever zone may be deemed appropriate by the
Planning Commission. Said property is located westerly
of and adjacent' to Foothill Blvd. approximately 150 ft.
southerly of Stevens Creek Blvd. and one lot located in
the southeast corner of Camino Vista Dr. and Stevens
Creek Blvd. First Hearing.
Director of Planning Sisk located property on an aeriel photo. He
noted this application is intended as a step in the preparation of
these properties for construction of single-family residences. As
there is heavy truck traffic in this vicinity, staff will work
closely with the developer to encourage the use of architectural
and/or acoustical techniques to minimize adverse interior noise
impacts.
Mr. Martin Hall, representing
now five industrial parcels.
in the exhibit.
Mr. Boghosian, said the property is
He pointed out a slight discrepancy
The hearing was opened to public comments. There were none.
Comm. Gatto moved to close Public Hearings, seconded by Comm.
Koenitzer.
Motion carried, 4.-0
Comm. Koenitzer moved to recommend approval of 30-Z-76 to the City
Council. Seconded by Comm. Gatto.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Chairman Adams noted this would go before the City Council on
February 7, 1977.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
10. Appl1cations31-Z-76 and 32-TM-76 of REYNALOO PEREZ: PREZONIN
approximately 0.1 acres from Santa Clara County R2 - duplex
to Rl-7.5 (Residential, single-family, 7,500 sq. ft. per
dwelling unit) or whatever zone may be deemed appropriate
by the Planning Commission; TENTATIVE MAP to combine two
lots. Said property is located southwesterly of and
adjacent to Santa Clara Avenue approximately 80 ft. southerly
of the intersection of Santa Clara Ave. and Grand Ave.
First Hearing.
Assistant Planning Director Cowan indicated site on aerial photo.
He said the only concern was a 25 ft. frontage lot adjacent to this
property that would be difficult to build on in the future.
Mr. Reynaldo Perez, 10066 Peninsula Ave... Monta Vista, said he had
no control over the 25 ft. lot.
The hearing was opened to the public for comments. There were none.
Comm. Gatto moved to close Public Hearings. Seconded by Comm.
Koenitzer.
Motion carried, 4-0
Comm. Gatto moved to recommend approval of Application 31-Z-76.
Seconded by Comm. Koenitzer.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Comm. Gatto moved to recommend approval of Application 32-TM-76 with
14 standard conditions. Seconded by Comm. Koenitzer.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Chairman Adams advised this would be heard by the City Council at
its February 7, 1977 meeting.
PC-245
Pag~ lS
3l-Z-76 and
32-TM-76
Reynaldo
Perez
Public Hear-
ings closed
31-Z-76
approved
32-TM-76
approved
PC-245
Page 16
27-U-76
Michael T.
Cobler
Togo's
Eatery
.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
11. Application 27-U-76 of MICHAEL T. COBLER (TOGO'S EATERY):
USE PERMIT to allow a take-out food facility in a general
commercial zoning district. Said property is located at the
northeast corner of the intersection of Richwood Dr. and
Eas,t Estates Dr. First Hearing.
Planning Director Sisk located site on aerial photo and described the
surrounding land uses. He referred to trip end count made at the
Togo's in Campbell. It was apparent that the noon time hour could
become a more critical peak period for this restaurant.
Photos of store in Campbell were passed among the members of the
Commission.
Mr. Sisk said it was his understanding the applicant intended to have
a sit down restaurant at this site whether or not they received
approval for a take-out facility. Comm. Gatto ascertained that the
ordinance states that since there were only 16 on-site parking stalls
there could only be 40 seats and the take-out would mean additional impact.
Mr. Michael T. Cobler, 4452 Little Meadow Ct., San Jose, said the
Campbell store was the busiest of their establishments and not a
fair comparison to the one planned for Cupertino. The Cupertino
location is hidden from Stevens Creek Blvd. and will not generate
a high volume usage.
Mr. Martin Blimer, 1510 S. Bascom, San Jose, answered Comm. Blaine
that the Campbell store is within walking distance of two high schools.
Mr. Cobler felt the students from the Cupertino a.cho'ols would be walk-
ing also. Comm. Blaine thought they would probably be driving.
Chairman Adams ascertained the store has been unoccupied for about
two months.
A gentlemen who said he was representing the owner said this building
is facing the wrong direction and will be difficult to lease except
for a restaurant of this type. He noted it had been vandalized since
being vacant.
Mr. Gene Saalwaechter, 10920 Prieta Court, San Jose, owner of the
Lost Mine restaurant, said his property had been vacant for two years
before he took it over. He thought a sandwich shop of the sit down
type would be more desirable. He objected to the take out operation
because of inadequate parking space. The noon hour business is very
important to his success and his restaurant already has a parking
problem.
Mr. Blimer said their employees would be using spaces at the Mobil
service station. They already have a written agreement to this effect.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Mr. Cobler answered Comm. Gatto they didn't want a strictly sit-down
operation, and they hadn't decided as yet whether they would go ahead
on that basis. He pointed out the 16 stalls will v~cate much faster
than those of a sit-down restaurant. Comm. Koenitzer pointed out some
people would be sitting in their cars to eat.
Comm. Gatto agreed there would be a real problem in trying to combine
a sit-down and take-out operation.
~omm. Blaine wondered if something could be worked out with Brentwood
since there always seemed to be an excess of parking spaces there.
Mr. Saalwaechter explained their circulation pattern and said any
more traffic would create congestion that will lose them customers.
He said they had made their investment in good faith.
Mr. Cobler referred to a suggestion that they erect an ivy covered
fence between their establishment and the Lost Mine. The natural
thing would be to go on across to Brentwood and they would be willing
to investigate this further. He said there was also on-street parking.
Comm. Gatto asked about the possibility of having the entrance face
the Brentwood shopping center. Mr. Cobler said this would be
considered if the cost were not prohibitive.
Mr. Cobler ,answered Chairman Adams that the operation would be open
from 10:30 a.m. to 10:00 p.m. He described some architectural treat-
ment they had planned for the building.
The hearing was then opened to public comment. There were none.
Comm. Gatto moved to close Public Hearings, seconded by Comm.
Koenitzer.
Motion carried, 4-0
Comm. Koenitzer said he did not think the parking was súfficient for
the proposed use.
Comm. Blaine agreed, noting it was too bad since Togo's reputation had
preceded them.
Comm. Gatto said this pointed up problems they had run into before with
leases on isolated sites and while the suggestion was a good one,
people just would not park across the street.
PC-245
Page 17
Public Hear-
ings closed
PC-245
Page 18
27-U-76
denied
32-Z-76
Hen ry Hom
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Chairman Adams said a fast food operation would be a desirable use
and another advantage would be the fact that they would be using
a store that was closed. However, the parking situation was too
detrimental.
Comm. Blaine moved for denial of Application 27-U-76 with staff
findings and subconclusions. Seconded by Comm. Koenitzer.
AYES:
NOES:
Blaine, Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Attorney Kilian advised this was a final decision of Planning
Commission but could be appealed to the City Council within five
days.
12. Application 32-Z-76 of HENRY HOM: REZONING 5 acres from
Rl-10 AG (Residential, single-family, 10,000 sq. ft. per
dwelling unit, agriculture allowed) to A(Agricultural) or
whatever zone may be deemed appropriate by the Planning
Commission. Said property is located northerly of and
adjacent to McClellan Rd. approximately 700 ft.
westerly of the 'intersection of McClellan Rd. and
Bubb Rd. First Hearing.
Assistant Planner Cowan located site on aerial photo. He described
the adjacent properties.
Mr. Cowan said the staff was currently assessing the circulation
needs of the nearby Monta Vista neighborhood in conjunction with
the Stevens Creek Blvd. Plan Line Study. One alternative circulation
pattern being examined by staff was the joining of Alcazar Street and
Imperial Avenue at the north end of the Hom property.
Mr. Cowan noted there are some uses allowed under exclusive Agriculture
that would not be suitable for this property. He read these uses.
After further discussion, Mr. Sisk suggested City Council not finalize
zoning until contract with Williamson Act was negotiated.
The hearing was opened to public comment.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
Mrs. Ann Anger, Monta Vista, said she felt the applicant did not
understand this. LAFCO does not favor very small parcels. The
Williamson Act should be explained to Mr. ,Hom. Mr. Sisk said he
given Mr. Hom all the facts of the Williamson Act.
had
Comm. Blaine noted she would like to help anyone that was trying to
preserve open space.
Comm. Gatto moved to close Public Hearings, seconded by Comm. Blaine.
Motion carried, 4-0
Comm. Blaine moved to approve Application 32-Z-76. Seconded by
Comm. Gatto.
AYES:
NOES:
. Blaine , Gatto, Koenitzer, Chairman Adams
None
Motion carried, 4-0
Comm. Blaine moved to send a Minute Order to the City Council asking
them to approve the zoning at the same time the property is put under
the Williamson Act. Seconded by Comm. Gatto.
Motion carried, 4-0
13. Application 33-Z-76 of CLAYTON T. WOODS: REZONING approxi-
mately one acre from R2-4.25 (Residential, duplex, 4,250
sq. ft. per dwelling tmit) to RlC (Residential, single-family
cluster development) zone or whatever zone may be deemed
appropriate by the Planning Commission. Said property is
located at the southwest corner of the intersection of
Foothill Blvd. and ,Alcalde Rd. First Hearing.
Planning Director Sisk located property on an aerial photo. He
exhibited site plan of five cluster homes being proposed for this
site. He described layout and site design.
Colored renderings of the buildings were exhibited.
Comm. Blaine ascertained Condition 16(b) referred to the driveway.
PC-245
Pag~ 19
Public Hear-
ings closed
32-Z-76
approved
Minute Order
33-Z-76
Clayton T.
Woods
PC-245
Page 20
MINUTES OF THE JANUARY 10, 1977 PLANNING COM}!ISSION MEETING
Mr. Clayton T. Woods, 440 Stanford Avenue, Palo Alto, answered Chairman
Adams these would be 1,800 sq. ft. units with 3 bedrooms and two baths.
Mr. Woods referred to Condition 19 which called for the hiring of an
acoustical consultant. Mr. Woods said he knew acoustics and he would
rather do what was necessary than hire a consultant.
This was discussed. Mr. Woods described some of the methods that
could be used in this project to prevent sound transmission.
The hearing was opened to public comment.
Ms. O'patti Brisco said she wanted to be sure how much open space was
in this. She said there was not as much noise on Foothill Blvd. as
there was from Permanente.
Public Hear- Comm. Gatto moved to close Public Hearings. Seconded by Comm. Blaine.
ings closed
33-2-76
approved w/
conditions
l2-U-76
USA Petrole
Corporation
Motion carried, 4-0
Comm. Koenitzer moved to recommend approval of 33-Z-76 to City Council
with 14 Standard Conditions, Conditions IS through 18 as presented in
staff memo, Condition 19: The applicant shall demonstrate to the
Architectural and Site Approval Committee that acoustical techniques
have been applied to ensure that the' interior portions of all units
meet the requirements of Title 25 of the Uniform Building Code; and
Conditions 20 through 22 as presented in staff memo. Seconded by
Comm. Blaine.
AYES: Blaine, Gatto, Koenitzer, Chairman Adams
NOES: None
Motion carried, 4-0
Chairman Adams advised this would be heard by the City Council on
February 7, 1977.
2. Application 12-U-76 of USA PETROLEUM CORPORATION: Modifica-
tion 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 Ave. First Hearing continued.
It was ascertained the applicant was still not present. Mr. Cowan said
he had been contacted and had planned to attend.
At the request of the Commissioners, Mr. Cowan exhibited approved
design, proposed design and two alternatives prepared by staff.
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
After a brief discussion, Comm. Gatto moved to continue 12-U-76 for
a period of one month to allow staff to contact applicant, discuss
concerns listed in November 18, 1976 staff memo and finalize plans.
Seconded by Comm. Koenitzer.
Motion carried, 4-0
UNFINISHED BUSINESS:
14. Staff Report regarding condominium conversion ordinance
Assistant Planning Director Cowan briefly reviewed City Council's
position.
Attorney Kilian presented two procedures which could be followed -
urgency order or notice procedure. The choice would depend on when
it was felt the Housing Element revision would be completed.
Comm. Gatto moved to send a Minute Order to City Council requesting
that they consider an interim ordinance for the purpose of prohibit-
ing conversion of apartment condoniiriiums for a minimum period of one
year on the basis that the potential for such changes is so drastic
it would affect any housing element. Seconded by Comm. Blaine.
Motion carried, 4-0
NEW BUSINESS:
15. Extension of Use Permit 10-U-74 - Westfield Co.
Assistant Planning Director Cowan referred to staff memo of 1/6/77.
Comm. Blaine moved to approve request for extension of use permit
Application 10-U-74 for one year subject to same conditions. Seconded
by Comm. Koenitzer.
AYES: Blaine, Gatto, Koenitzer, Chairman Adams
NOES: None
Motion carried, 4-0
PC-245
Page 21
12-U-76
continued
for one
month
Condominium
Conversion
Minute Orà·
10-U-74
West field Co.
10-U-74
extension
approved
PC-245
Page 22
Planning
Department
Reorganiza-
tion
MINUTES OF THE JANUARY 10, 1977 PLANNING COMMISSION MEETING
16. Report regarding reorganization of Planning Department
Planning Director Sisk referred to staff memo of January 7, 1977 which
included a report to the City Manager regarding the reorganization of
the Planning Department and Planning Commission meeting schedule and
Department Goals and Objectives 1976/77.
Both Comm. Gatto and Comm. Blaine objected to having the counter closed
on Tuesday, Wednesday and Thursday from 8:00 to 12:00 o'clock. It was
felt that at least one staff member could be available. Mr. Sisk advised
it had been working without too much complaint. Comm. Gatto pointed out
their main function was service to the public.
Getting packets out earlier was discussed.
With regard to meeting schedule, after discussion it was agreed to
have one meeting for regular applications and one meeting for mid
and long-range planning activities with adjourned meetings as necessary.
Mr. Martin Hall commented that some cities provide that the Planning
Department staff has the right to approve two lot subdivisions.
REPORT OF THE PLANNING COMMISSION: None
REPORT OF THE PLANNING DIRECTOR:
Mr. Sisk confirmed reservations for the Planning Commission Institute.
ADJOURNMENT
At 12:35 a.m. the meeting was adjourned to the next regular meeting on
January 24, 1977.
APPROVED:
ATTEST:
Wm. E.
, City Clerk