Loading...
PC 11-22-76 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 PC-242 Page 1 MINUTES OF THE REGULAR l1EETING OF THE PLANNING CO~ISSION HELD ON NOVEMBER 22, 1976, IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG The meeting was called to order at 7: 30 p.m. by Chairman Adams with the Salute to the Flag. ROLL CALL Comm. present,: Comm. absent: Blaine, Koenitzer, Gatto, Chairman Adams Woodward Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian Deputy Assistant City Attorney Foster City Engineer Whitten APPROVAL OF MINUTES: Minutes of October 25, 1976: Page 2, paragraph 8, the first sentence should read: "It was ascertain d a bridge to connect the park with the Oakdell Ranch subdivision would be approximately 50 ft." Page 4, paragraph 5, second line should read, "...to Public Park with underlying use of 0-4.4 per acre." Page 5, paragraph 7, second line, delete the word "involvement" and replace with "development". Page 5, paragraph 8, second line should read, "the present designation on the property, the sole...". Page 8, paragraph 7 should read, "...a variety of housing in this area and this had been accomplished. A line..." -,~ Page 8, paragraph lO, second sentence should read, "He advised the applicant of his right to petition the City Council for general plan amendment. " PC-242 Page 2 Minutes of 10/25/76 approved as corrected Minutes of 11/8/76 approved as corrected MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Page 20, second paragraph under New Business, second line, the word "tax" should be "taxes". rnere being no further corrections, Comm. Gatto moved to approve the Minutes of October 25, 1976 as corrected. Seconded by Comm. Blaine. Motion carried, 4-0 ~linutes of November 8, 1976 Page 2, last line, insert after size the words "and use". Page 8, last paragraph, third line should read, ".. .one wall facing the northerly lot line. This layout is unacceptable since it creates problems for the next development to the north." Delete fourth sentence. Moved by Comm. Blaine, seconded by Comm. Koenitzer, to approve the Minutes of November 8, 1976 as corrected. Motion carried, 3-1 Abstain: Gatto 27-Z-76: POSTPONEMENTS: Richard Childress removed from calendar Item #6, Application 27-Z-76 of RICHARD CHILDRESS: To be removed from calendar and readvertised upon completion of geologic review. So moved by Comm. Gatto, seconded by Comm. Koenitzer. 24-Z-76 May Invest- ment Co. Motion carried, 4-0 WRITTEN COMMUNI CATIONS: Letters had been received which would be introduced when related items were discussed. \ ORAL COMMUNICATIONS: None PUBLIC HEARINGS: 1. Application 24-Z-76 of HAY INVESTMENT CO.: REZONING approximately 0.4 acres from R3 (Residential, multiple) to RlC (Residential, single- family, cluster development) zone providing for a total of fou: dwelling units, or whatever zone may be deemed appropriate by the Plann~ng Commission. Said property is located easterly of and adjacent to Terry Way at its southerly terminus. First Hearing continued. MINUTES OF THE NOVEMBER 22. 1976 PLANNING COì1MISSION MEETING PC-242 Page 3 Assistant Planning Director Cowan briefly reviewed the application, noting it had been continued to allow the applicant to redesign some aspects of the land development. As indicated in staff report of November 19, 1976, staff felt that while the narrow lot approach does pose some site design problems, alternative unit locations and design would be somewhat less functional for the individual homeowner. Mr. Cowan advised that since the applicant is not proposing any common open space element, it will be necessary to zone the property to planned development with cluster intent. Comrn. Blaine was advised that the City Council had not set any policy about size of lots in a cluster development, It was felt, in this case, that the common space could be used to a better advantage in private areas. Comm. Gatto ascertained this proposal had not been reviewed by ASAC. Mr. Roger attempted comments. site will Griffin, representing May Investment Company, said they had to maximize the private open area in light of City Council He explained the intent of the desiga. He said 42% of the be priv:lte areas for the homeowners. . Mr. Griffin referred to drawings of proposed elevations and briefly described them. He said they realize this type of home is not for everyone, but felt it would serve a certain segment of the public. Comm. Blaine was answered the homes would be 1300 sq. ft. to 1600 sq. ft. Comrn. Koenitzer noted there were windows which would look out onto a parking lot and onto a blank wall. Comm. Gatto asked to have property lines located. Mr. Griffin pointed these out, noting there would not be a zero lot line. Mr. Griffin said there would not be any common homeowners association for maintenance of building or landscaping. Comm. Gatto noted there should be covenants 90 buyers would be aware of what they are buying. Comrn. Gatto felt the corridor effect should be minimized. Mr. Griffin explained how morlng the building pad as suggested by Comrn. Gatto would result in loss of privacy for the homeowners. PC-242 Page 4 MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Comm. Koenitzer said he was concerned that there were not zero lot lines. If the corridor is fenced, it will leave a 3 ft. area which is not wide enough to do anything with and if it is not fenced, it essentially becomes part of the next lot, These corridors are narrow and on the orth side which will limit the range of plants that can be grown there. Mr. Griffin explained treatment intended for these areas. The hearing was then opened for public comment. There was none. Public Hear- Comm. Blaine moved to close Public Hearings. Seconded by Comm. Koenitzer. ing closed Motion carried, 4-0 Comm. Gatto said he did not feel the concerns expressed at last hearing ad been resolved. One problem was trying to put this type of structure on this small property. The number and density of units was acceptable, ut trying to apply 'single-family type of construction to lots of these sizes creates problems. He saw problems in administering the 3 ft. trips. Physical improvements in these areas would have to have some utual agreement and this could cause problems. This type of home will ell, but perhaps ten years from now the demand will decrease and the City will be left with a potential problem. He could accept the four lot idea but it needed another look as to how the units were distributed n the lots. r. Cowan said most planned developments have this property setback situa- tion. He said the Engineering Department has worked out a plan to alleviate problems whereby owner would have control of this 3 ft. area. Easements are written for each individual property. r. Griffin said they could build with property line on the wall but he thought it would make a difference to the City in the future. The Build- ing Department would have to explain why the owners couldn't come any closer than 3 ft. to adjoining property. Comm. Blaine said she was having problems with this proposal, particu- larly the narrow corridors. She could see putting units on property line next to apartments. Comm. Koenitzer wondered if the problem wasn't that they were trying to force a different kind of development on a land that is not suited for it. There is enough property for two duplex lots and this would solve some of the problems raised by trying to put in four individual homes. Chairman Adams asked if the applicant wanted to look at the option of duplexes. Mr. Griffin said they had submitted duplexes but after talking with staff, it was decided this would be a better solution. He stressed the 7 ft. area would be attractive. It is an area that can be planted very thoroughly. It will take special plants but it can be done. MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Comm. Koenitzer pointed out the sidewalk would lessen planting area further, leaving approximately 2 ft. on each side. This would further limit planting choices. COIIDD. Koero.tzer moved to reopen Public Hearings, seconded by CoIIDD. Blain Motion carried, 4-0 Mr. Marty Hall, developer, said they had worked hard to develop this property. They had to speak to concern of developing what the people wanted. There are fourteen people waiting to buy these four homes. Ms. Carol Gates, who said she had not come to speak on this item, said this development horrified her. She suggested taking out one unit and making three nice dwellings. PC-Z4Z Page 5 Public Hear- ings reopened COIIDD. Gatto moved to reclose Public Hearings, seèonded by Comm. Blaine. Public Hear- ings reclosed Motion carried, 4-0 Comm. Gatto said more care needed to be given to the manner in which units are placed on the lots. He would either move for denial or for a continuation to allow the applicant to look at the building placement Comm. Koenitzer said he felt the proposal was unsuitable for the lot. Comm. Blaine agreed. COIIDD. Blaine moved for denial of Application 24-Z-76. Seconded by COIIDD. Koen1tzer. AYES: NOES: Blaine, Gatto, Koenitzer, Chairman Adams None Motion carried, 4-0 It was ascertained the findings for Tentative Map would be the same as for zoning. On advice of Attorney Kilian, it was decided that since the Tentative Map was on agenda, action should be taken on it. Comm. Koenitzer moved to recommend denial of 28-TM-76 to the City Council. Seconded by Comm. Blaine. AYES: NOES: Blaine, Gatto, Koen1tzer, Chairman Adams None Motion carried, 4-0 Chairman Adams advised the applicants of their right to appeal. 24-Z-76 denied. 28-TM-76 denied PC-242 Page 6 25-Z-76, 25-TM-76, 22-U-76 Denny's Architectura Services MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING 3. Applications 25-Z-76, 25-TM-76 and 22-U-76 of DENNY'S ARCHITECT- URAL SERVICES: REZONING approximately 1.19 acres from CG (General Commercial) to P (Planned Development with General Commercial intent) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide l.39 acres into two parcels; USE PERMIT to allow construction of a 4,957 sq. ft. restaurant. Said property is located at the northwest corner of the intersection of Stevens Creek Blvd. and Blaney Ave. First Hearing continued. For the many people in the audience not familiar with Public Hearings, Chairman Adams outlined the procedures to be followed. Assistant Planning Director Cowan recapped broad issues raised by the application. He located site on exhibited transparency. He described scope of application as it applied to Zoning, Tentative Map and Use Permit. Mr. Cowan noted there were many comments at previous meeting regarding traffic. He referred to 1973 traffic analysis and explained the traffic intensity formula which was adopted. Based on staff analysis, Denny's would not generate more than 16 trips during the peak hour of 5 - 6 p.m. Another concern expressed by residents were "police events". referred to report showing location and type of call received Sheriff's Department during May-october 1976, Mr. Cowan by the Mr. Cowan noted two conditions which spoke to concerns of 24 hour operation and cocktail lounge. Condition 24 would grant approval for a 24 hour restaurant on a temporary 6-month basis subject to automatic review by the City. Condition 25 would allow alcoholic beverages to be served with meals with no separate bar or lounge. Mr. Cowan noted staff did not feel that the stalls should be on a 60 degree angle after further study. They were concerned about the rear portion of the building which houses the service doors. This should be enhanced through additional landscape screening or architectural treatment. Mr. Cowan pointed out there is a 30 ft. setback at rear of parking lot which would isolate turning movements of traffic from residential area. An accoustical barrier would be required also. However this would apply to lower level of structures only. With regard to concern of landscape buffers and their relationship to burglaries, Mr. Cowan said normally parking lots are lighted to a degree that would discourage breaking into the residences. MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING PC-242 Page 7 Chairman Adams ascertained landscaping behind Fisherman's Village was 30 ft. with sound wall. Mr. Cowan said there had been no complaints with regard to this site to his knowledge. Mr. Cowan reviewed property adj ustment. There is a plan in the works that needs additional space being proposed. Landscaping depth could be extended. Mr. Cowan referred to ASAC suggestion to bring roof around to make the corner more attractive. Comm. Gatto ascertained no development plans had been submitted for vacant parcel. City Engineer Whitten analyzed traffic report prepared by the City. Comm. Gatto was answered that 16 trip ends is based on one way move- ment. A discussion was held on traffic report and "police events" report. The hearing was then opened to public comment. Mr. Bob Winchell, 915 Shorepoint Ct., Alameda, said there would be several people talking for this development. He said he would address operation of restaurant as to noise factors and the type of facility they intend to operate. There is a shortage of 24 hour restaurants in Cupertino. There are managerial personnel on duty in the restauran who are trained to control any problems that might occur. He said the traffic survey made by the City made it clear that restaurant would no create a traffic problem on Stevens Creek Blvd. or Blaney Avenue. With regard to building next door, Mr. Winchell said Ms. Frisbie had proposed buying this property. It was self serving for them to oppose this development. Mr. Winchell said the cocktail lounge was a convenience to their customers. Their primary business is food; their cocktail lounges cost them money. The lounge is not an important item in this dis- cussion but they would like to be able to make decision of whether or not to have a lounge as a separate part of the facility. Mr. Winchell answered Comm. Gatto that the community market area and the customers would be family style. 25% of traffic would come from Blaney Avenue and 75% Creek Blvd. except during the night hours. Probably would not be 10 customers over an 8-hour period. would be the They figured from Stevens at night there PC-242 Page 8 MINUTES OF. TilE NOVEHBER 22, 1976 PLANNING COMMISSION MEETING In answer to Comm. Gatto, Mr. Winchell said they would not like Condition 24 regarding the cocktail lounge. They preferred the lounge because the public liked it. There would be about 25 peoDle in the lounge during peak hour. ¡comm. Gatto asked if the applicant would consider closing at 2:00 a.m. ias other facilities in area. Mr. Winchell said they would not consider this unless it was a 24-hour restaurant. All their restaurants, stateside and overseas, are 24 hour restaurants. Mr. Winchell answered Comm. Koenitzer that their two restaurants at Campbell have lounges and there have been no problems. He did not think that Denny's on Foothill and Homestead, or on Mathilda Avenue in Sunny- vale served liquor. I In answer ,to Comm. Gatto, Attorney Kilian said the City could regulate hours of operation in use of land providing there is a finding that such regulation will benefit health and welfare of the general public. Or some other basis in use permit ordinance, such as traffic concerns. Comm. Koenitzer questioned if any conditions could be placed on liquor permit since it was a State function. Attorney Kilian said the ABC would not issue permit if it was in violation of City ordinance. With respect to regulating type of usage, if Planning Commission and City Council can tie regulation into legitimate safeguard of area, or other concern, such as traffic, the City can regulate type of alcoholic service. Mr. lihitten clarified the 12:00-5:00 a,m. total by saying there would be 24 cars based on assumptions indicated on survey. Mr. Miles Ferris, Traffic Consultant for Denny's, said staff had covered the traffic situation very well. He said the site had unique characteristics. They could not find any safety hazards created by this project on this site. The ingress-egress pattern is satisfactory. With regard to concern of sound, Mr. Ferris said the background noise is already very heavy. The sounds from the restaurant would not be repeated sounds; they would be incidental and intermittent. The peak hours are from 6:00 p.m. to 2:00 a.m. He noted the basic traffic problems are commuter problems. This project would not be that significant in regard to this problem. He said he had been happy to have the residents become involved in the study of the traffic patterns. Mr. Mike Majors, Civil Engineer for Denny's, presented the architectural package, although he said he was not the architect. He said by working with the City staff, he was sure Denny's could work out a good plan that would be what the City wanted. He distributed photos of other Denny's facilities. He also distributed Denny's 1976 financial report. MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING PC-242 Page 9 Mr. Majors described the building, noting the front of the building would be on Stevens Creek Blvd. He reiterated Mr. Ferris's statement that cars at night are always parked close to the building. Ms. Juanita McLaren, 22101 Lindy Lane, Cupertino, gave a brief background of this proposal. She said her concern was that these parcels which are small would develop separately. She felt this was a good use for this parcel. She noted the applicant had not received pertinent information until noon of the day of the meeting. Ms. McLaren said they had tried to meet with the homeowners but had not been successful. She referred to petitions that had been circu- lated. She ascertained no petition had been received by the staff or Commission. She also ascertained that copies of a letter from Mr. and Mrs. Zeszutek had been distributed to Commission members. Ms. McLaren read the letter for the benefit of those in the audience. She said combining these parcels will make a better development than if each developed separately. The'potential income for the City from this development would be over $7,000 with taxes over $14,000. Mr. Winchell said he was in agreement with the staff report of November 19 and the recommendations it contained. He wanted to go on record as being opposed to any condition that restricted 24 hour use of the restaurant. The recommendation of a 6-month operation on probation status was totally unacceptable. They were not opposed to changing plot plan to incorporate ASAC's recommendation to move building forward. Mr. Winchell ,said the 12 ft. street right-of~ay could be taken from the landscaping area. He asked when the bus turn-out would be put in and what would be done to the dedicated land in the meantime. Mr. Whitten said at this time the City did not know exactly where the permanent bus turn-outs would be, which was why they were reserv- ing 12 ft. along Stevens Creek Blvd. Any right-of~ay not needed would be abandoned back to property owners and for the present time would not have any effect on the development. Mr. Winchell reiterated they wanted the right as experts in the restaurant business to determine what type of operation they ran. Alcoholic beverages are a coming thing with development of new restaurants. At 10:00 p.m. a recess was taken with the meeting reconvening at 10:12 p.m. Recess PC-242 Page lO MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Chairman Adams then invited comments from the audience. Noting the large number in attendance, he suggested a few speak for the group. Planning Director Sisk, noting the late hour, suggested those waiting to be heard on later items could be advised on time of hearing. After discussion, it was agreed that items 5 and over would be heard at an adjourned meeting to be held on Monday, November 29, 1976, at 7:30 p.m, Ms. Ann Anger, Monta Vista, said there was an important item that concerned Monta Vista which would prevent her from being at that meet- ing. Chairman Adams suggested she either make a statement for staff or have a spokesman represent her. Special Meet ing ll/29/76 Comm. Koenitzer moved to continue items 5 through II to a special meeting on November 29, 1976. Seconded by Comm. Blaine. Motion carried, 4-0 Mr. Ron Kinsey, 10181 Bilich Place, Cupertino, said he had been asked by the steering committee to serve as spokesman for those living in the area of Blaney Avenue and Stevens Creek Blvd. They are strongly opposed to this proposal. It was important to understand this group of citizens are professional people living in $80,000 - $100,000 homes. He expressed appreciation to the staff for their cooperation. A transparency was displayed which showed the area over which the petition was circulated. The petition was then submitted to the Commission. Mr. Kinsey said they feel the Denny's restaurant should be opposed since it would be detrimental to the health, safety, peace and general welfare of the area, as well as injurious to property value. He cited the Resolution which denied a Jack-in-the Box at same intersection. He said the same findings would apply to this application. As regarded detriment to health, Mr. Kinsey displayed a plot plan showing the parking lot extending behind 7-11 store continguous to residences. He said the noise of doors, brakes, etc. especially generating from a 24 hour operation, would effect the sleeping hours of the nearby residents. He noted this lot would perhaps be used by patrons of other bars in the area. Regarding safety, Mr. Kinsey said they objected to parking lot extend- ing behind the 7-ll store as it will be hidden from view from both Blaney Avenue and Stevens Creek Blvd. and would create conditions conducive to criminal activity. Vehicular movement for this proposal will cause hazardous conditions. He referred to the already heavy traffic on Blaney Avenue. There are adverse traffic conditions that exist now and which will be aggravated by this proposal. MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING PC-242 Page 11 Mr. Kinsey said the noise, criminal activity, and economic impact caused by providing necessary patrol of parking area were all adverse impacts of this proposal. He said there would be an adverse impact on the welfare of the community from the numerous facilities already serving alcoholic beverages in this area. He displayed a transparency showing existing bars and lounges in the immediate area. As to the development being injurious to property values, Mr. Kinsey said it was the consensus of two real estate brokers that the continguous commercial development would lower their homes by 5 or 10%. There was no indication of beneficial impact for their property. Mr. Kinsey said they had taken traffic measurements and counted cars. He displayed their findings. He said they questioned the 25% from secondary street. They had used 3 existing Denny I s restaurants and noted the Mathilda Street restaurant had curb side parking which would effect count of cars going in and out of parking lot. One of the restaurants had an easement and Mr. Kinsey noted the pattern they had observed there could apply here as the same situation would prevail. They had calculated there could be SO trip ends. He displayed a graph showing pattern of cars and the numbers. In conclusion, Mr. Kinsey said the residents urged the Commission to deny the application since it was not an improvement. It does not conserve and stabilize the value of property and it does not promote the health, safety and welfare of the community. Comm. Gatto noted this was one of the most thoughtful and well-in forme reports that had been presented. Mr. Tommy White, 20061 Forest Avenue, Cupertino, said he lived 1/4 mil from proposed site, He was against the Denny's proposal for reasons covered previously. He said he worked just across the street from a Denny I s that had a lounge on Bowers Avenue. The lounge was always full. The same thing could happen here. Mr. Frank Foster, 10169 N. Blaney, Cupertino, said the Mr. Kinsey reflected the feelings of the neighborhood. that this is family type restaurant and the insistence lounge and 24-hour operation is inconsistent. report of The insistence on a cocktail Mr. Dave Kopels, 10161 Bilich Place, Cupertino, said since the 6 month probationary period was not acceptable, it would appear Denny's were anticipating problems. PC-242 Page l2 MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Mr. Chappell, 10139 So. Blaney, Cupertino, said evidently he was in the minority-. He pointed out quite a number of people used liquor with their meals. He did not see this as being detrimental to the neighborhood. The main problem is the inadequate parking for patrons of surrounding bars and lounges. He said he had not had an opportunity to sigp petition, but he felt the community could only benefit by this application. He hoped the application would be approved. Ms. Ann Anger, Manta Vista, said she had been watchful to see that the City had good development and she had opposed many things. She referred to Sambo's and Big Boy. She said she had never seen anything undesirable at either establishment. She could not see anything detrimental in having Denny's in this community. This corner is so desolate she felt it would be beneficial to this corner to have a nicely lighted restaurant. In Saratoga there are many restaurants and cocktail lounges surrounded by expensive homes. This corner is in main business area. She pointed out it would be impossible for them to serve liquor after 2:00 a.m. Mr. Dick Guglielmetti, 10158 Myer Place, Cupertino, said he also was unaware of any undesirable elements at Sambo's and Big Boys but he had been there with his family at a time when the undesirable element had not been out. He referred to the plot plan and proximity to the residential area. The residents are not against development on this corner. The City should not be stampeded into accepting a Denny's because it is the least undesirable of three choices in 5 years. He suggested a professional building be developed. Mr. Phil Widmer, 10280 Plumtree Lane, Cupertino, said there was a petition that showed people did not want a 24-hour restaurant. There are other 24-hour restaurants available in the community. There are schools in immediate area. He said the revenue potential for the City was approximately $1.00 a day and he would pay more than that to keep it a residential community. Mr. Ron Woodward, Woodward Construction, referred to property, noting that whatever was developed would put traffic on Blaney Avenue. In answer to Chairman Adams, he said a possible project for Parcel B was a 2,400 sq. ft. office plan. Mr. Woodward said they owned two pieces of the property and Denny's owned the third. He was concerned about what would happen if each were developed separately. Comm. Gatto ascertained there was a 22 ft. strip fee owned between service station property and F.ireside building that would give access from Stevens Creek Blvd. and there was a 7ft. strip between station property and Parcel B that would give access from Blaney Avenue. MINUTES OF TIlE NOVEMBER 22, 1976 Pl.AllliING COMMISSION MEE'IlNG PC-242 Page 13 Ms. McLaren said there are only two homes involved with this property. She said it would not be economically feasible to develop professional buildings at this time. She ascertained again that no problems were known to exist between the residents and the Fisherman's Village restaurant. She noted the Denny's employees would be parking next to the residential area. She noted the residences would be protected by a 30 ft. landscape barrier and a sOlmd wall, She also noted there are many patrolman who stop at these 24-hour restaurants. She said she felt they have a feasible project and it should be approved. Mr. Jim Garis, 10125 Carolee, Cupertino, said he did not agree with development as proposed. Some of the traffic would probably come from PG&E substation at other end of Blaney Avenue. He said the property already has numbers of cars parked there on weekends from other establishments. There is already a proliferation of this type of establishment. Mr. Guglielmetti added that most of the entrances and exits are oriented toward Blaney Avenue. The major traffic flow will be to a two lane street with bike, lanes. After further discussion, Comm. Blaine moved to close Public Hearings. Seconded by Comm. Gatto. Public Hear- ings closed Motion carried, 4-0 Comm. Gatto said several basic premises have to be realized, There is a 400 ft. strip along Stevens Creek Blvd, A transparency of an aerial photo was displayed. This strip had been given professional/ commercial/residential designation. It was felt the Planned Develop- ment process would analyze whatever went in as to its compatibility with residential to the rear and the commercial to the front. This is one of the most aggravated cornetS. Denny's proposal as a straight restaurant use would be acceptable for this corner. The cocktail negatives have been exaggerated. The coordination of this use with the surrounding neighborhood is the problem. Comm. Gatto pointed out the joining of the two properties has initial benefit of minimizing curb cuts, but as it is constituted at this point, he could not support it. Comm. Blaine said she found the shape of the lot to be a problem for any development. Regarding the Denny I s proposal, her great concern is the 24-hour service. She could not see having something that was open 24 hours a day, even with very little traffic, behind homes. One of the peak hours is 5 :00 - 6 :00 a.m. She was not as much concern ed about the liquor but felt there are enough establishments in this area. Normally she was impressed with Denny's management and would be happy to have a Denny's somewhere else in the City not adjacent to residential area. PC-242 Page l4 25-Z-76 denied 25-TM-76 denied MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Comm. Koenitzer said part of the problem was the smallness of the parcels and the odd shapes that are practically impossible to develop. He noted if they were to accept Denny's proposal for any place in Cupertino, it would have to be on a 24-hour operation as all Denny's were open 24-hours. His main concern was the extreme depth of the lot and the fact that it was behind the 7-ll store. In summary, he said he could live with Denny's restaurant, he could not take parking behind 7-11 store and that close to residences for a 24-hour operation, and he would not like to see the boundary of Parcel B moved toward Stevens Creek Blvd. He felt Denny's should be set back from Stevens CreeK Blvd. and at least part of Parcel B be used for parking so it is close to Denny's and not behind the 7-11 store. Chairman Adams said the Denny's restaurant was a reasonable use from General Plan discussion, but he would not allow cocktail service. He agreed that the parking behind the 7-11 store was a bad arrangement. He also would prefer to see shorter hours of operation. Comm. Blaine recommended denial of 25-Z-76 with findings that the conceptual development plan is not compatible with surrounding neighborhood, due to noise, safety, and traffic factors behind a residential area. Hours of operation and proposed zoning with those hours would create undue and unreasonable traffic congestion in the area. Also concern with separation of Parcels A and B, and develop- ment of Parcel B if A is developed as proposed. Seconded by Chairman Adams. Comm. Gatto said the reason he did not second it was because he felt the general project concerns would not fit every finding. The prime concern is compatibility to neighborhood. Attorney Kilian said there need not be complete agreement on the findings. AYES: NOES: Blaine, Gatto, Chairman Adams Koenitzer Motion carried, 3-1 Comm. Koenitzer moved to recommend denial of 25-TM-76 to the City Council. Seconded by Comm. Blaine. AYES: NOES: Blaine, Gatto, Koenitzer, Chairman Adams None Motion carried, 4-0 MINUTES OF IHE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING Comm. Blaine moved to recommend denial of Application 22-U-76 on the basis of findings that proposed development would be detrimental to the health, safety, and peace, as well as general welfare of per- sons residing and working in the area. It would also be injurious to property values. Seconded by Comm. Gatto. AYES: NOES: Blaine, Gatto, Chairman Adams Koenitzer Motion carried, 3-1 Chairman Adams explained the applications would now be heard by the City Council on December 20, 1976, and the applicants had a right to appeal the denial. Planning Director Sisk advised there would not be any more notices of meetings mailed. Comm. Gatto noted that action of Commission was advisory only to City Council. The City Council has final action. 4. Applications 28-Z-76 and 27-TI1-76 of SAN CARLOS HOMES AND DEVELOPMENT CO.: REZONING approximately 20.84 acres from P (Planned Development with residential cluster use intent with approximately 2.4 dwelling units per acre) to the following zones: 9.76 acres to Rl-40 (Residential, single- 'family, 40,000 sq. ft. per dwelling unit); 5.36 acres to Rl-l Residential, single-family, 10,000 sq. ft. per dwelling unit) 5.72 acres 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 sub divide 20.84 acres into 43 lots. Said property is located southerly of and adjacent to Voss Avenue at its westerly terminus. First Hearing. Planning Director Sisk briefly went through background of the applic tion. He used displayed renderings to aid in describing layout, fault zone, street locations and pond. He referred to staff report of November 18, 1976 as regarding to grading and fencing. Mr. Sisk answered Comm. Blaine in the event of public acquisition of the pond area, some provision would have to be made for an easement from terminus of Voss Avenue. This was briefly described. PC-242 Page lS 22-U-76 denied 28-Z-76 and 27-TM-76 San Carlos Homes and Development Co. PC-242 Page 16 MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING In answer to Comm. Koenitzer's question regarding flooding due to pond overflow, Mr. Whitten said on any subdivision there has to be a hydraulic study done and this would insure any overflow protection necessary. Mr. Jack Nicol, 1932 Polk St., San Francisco, said there was an exist- ing drainage system to which the pond is drained. He referred to exhibits labeled Visual Analysis and Site Summary and described Zones A - Wooded slope area, Zones B - Transition area and Zones C - Open level area. He gave a lengthy presentation of vegatation on site, natural features of terrain, architectural treatment, cut and fill and topography. Comm. Gatto ascertained the developer would construct all 43 homes. Mr. Nicol answered Chairman Adams there would be a mixture of one and two story homes. Comm. Blaine suggested perhaps the creek, instead of being drained away through a culvert, could be utilized by the homes. She felt they might be removing something that could be an asset. The profile pf Street E was described by Mr. Nicol. He answered Comm. Blaine that three homes would be taking advantage of ridge situation. They were trying to keep buildings out from under the trees. Comm. Gatto asked about fencing on one acre lots. He felt some type of privacy fencing would be wanted. Mr. Nicol said the natural vegatation would provide screening. Mr. Nicol said each lot would be analyzed with each site having an individualized house. The hearing was opened to public comment. Mr. Bruce Burman, 22066 Clear creek Ct., Cupertino, said the exposure from below was minimal. This is a protected area. Mr. Don Pezzolo, 22811 Medina, Cupertino, said he thought this was a much improved plan since the first proposal. He was also speaking for people on Lockwood. He said there was a tremendous amount of water on Lockwood almost year round. Their second concern was the fault. They would like same procedure followed on upper area as had been done on lower level. ASAC should have discretionary choice as to whether the houses should be one or two story. Treatment of buildings behind Lockwood area is very critical. There is a privacy problem there. MINutES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING ¡.fr. Burman commented briefly on conditions 20 and 21. Comm. Koenitzer moved to close Public Hearings, seconded by Comm. BllÚ.ne. Motion carried, 4-0 Comm. Koenitzer brought up two points. One, the easement from Voss Avenue to pond area if it became public ownership and two, a condi- tion to insure single-story homes to prevent privacy intrusion in critical areas. These were discussed. It was noted the developer had indicated his intent to put in one story homes next to Lockwood. Mr. Whitten referred to possibility of units west of this property. The City would like a 50 ft. rigbt~f-way from cul-de-sac of Street E to westerly property line. Assistant Planning Director Cowan expllÚ.ned this would give them flexibility for any development that may occur in the future. Mr. Whitten said he would also like to have a 5 ft. walkway on one side of Streets B.. C, D and E. This was briefly discussed. Planning Director Sisk explained Rl-43 did not provide the ability to have horses and recommended zoning be changed to Al-43. Comm. Koenitzer moved to recommend approval of 28-Z-76 to the City Council with the Exhibit A as revised tonight to indicate Al-l acre minimum instead of Rl-l acre minimum. Seconded by Comm. Gatto. AYES: NOES: Blaine, Gatto, Koenitzer, Chairman Adams None Motion carried, 4-0 \ , Comm. Koenitzer moved to recommend approval of 27-TM-76 to the City Council with the 14 standard conditions, conditions 15 through 23 of staff memo and the following: (24) That the easement would be provided from the Voss Avenue area to the pond if the pond is developed as a natural resource area. If pond is divided among lots of this development as described in condition No. 22, easement will not be necessary. l1C-242 Page 17 Public Hear- ings closed 28-Z-76 approved PC-242 Page 18 27-TM-76 approved wI conditions . MINUTES OF THE NOVEMBER 22, 1976 PLANNING COMMISSION MEETING (25) Right-of-way be dedicated from the end of Street E to the westerly boundary of the property for public street. It does not have to be developed. (26) To provide 5 ft. sidewalks on one side of Streets B, C, D and E up to the pedestrian easement of Alcade Avenue. Seconded by Comm. Blaine. AYES: NOES: Blaine, Gatto, Koenitzer, Chairman Adams None Motion carried, 4-0 Chairman Adams advised the applicant this would be heard by the City Council on December 20, 1976. ADJOURNMENT At 1:13 a.m. the meeting was adjourned to a special meeting on November 29, 1976 at 7:30 p.m. APPROVED: (,ý--- '--Ü-w Victor '? / hairman ATTEST: