PC 11-08-76
"
CITY OF CUPERTINO. STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
PC-241
Page 1
"
MINUTES OF THE 'REGULAR MEETING OF THE PLANNING COMMISSION HELD ON
NOVEMBER 8, 1976, IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORN
,
SALUTE TO THE FLAG
Chairman Adams opened the meeting at 7:32 p.m. with the Salute to the
Flag.
ROLL CALL
Comm. present:
Comm. absent:
Blaine, Koenitzer, Chairman Adams
Gatto, 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
Assistant Planner Piasecki (10:30)
APPROVAL OF MINUTES: Minutes of Regular Meeting of October 25, 1976
It was moved by Comm. Blaine, seconded by Comm. Koenitzer, to move
,this item to end of agenda.
Motion carried, 3-0
POSTPONE.'ENTS: None
WRITTEN CO~1UNICATIONS: Staff member Cowan said there were a number of
letters concerning items on the agenda which would be introduced at the
time the items were heard.
ORAL CO~~,ICATIONS: Chairman Adams said he had received a call from
Comm. Woodward who said he would be resigning from the Commission due
to personal reasons.
PC-241
Page 2
25-Z-76,
25-TM-76,
22-U-76
Denny's
Architectu-
ral Service
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
PUBLIC HEARINGS:
1. Applications 25-Z-76, 25-TM-76,and 22-U-76 of DENNY'S
ARCHITECTURAL SERVICES: REZONING approximately 1.l9 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 sub-
divide 1.39 acres into two parcels; USE PERMIT (22-U-76) 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.
Assistant Planning Director Cowan exhibited transparency showing site of
joint application for zoning, tenative map and use permit. He advised
that tonight's application was indicated as Parcel A.
Mr. Cowan referred to traffic study by Michael J. Majors for the applicant.
Ynis report indicated there would be approximately 20 trips less than
allowed by the City of Cupertino's ordinance.
Mr. Cowan said the staff had received letters and calls from residents of
the area. Main concerns were traffic that would be generated and noise,
especially since it is a 24-hour facility.
Mr. Cowan apologized to the applicant for getting copies of addendum to
applications to them so late.
Preliminary p~ot map was exhibited. He referred to recommendation for a
reciprocal vehicular circulation easement between Parcels B and C. Mr.
Cowan noted staff had recommended the double loaded perpendicular parking
located on the Blaney Avenue entrance should be modified to 60 degree
stalls. The approximate lO ft. of additional space could be used for
front setback. Staff also suggested stalls in the rear parking area
be modified to include a 16 ft. one-way circulation aisle. Modifying
parking stalls would add approximately 12 ft. of landscaping which could
be added on the east and west property lines to buffer area from the
public view. ASAC could decide optimum use of additional space gained
from diagonal parking.
Comm. Koenitzer questioned original division of this land. He said the
shape of the parcel disturbed him.
Copies of the addendum report were distributed and Mr. Cowan explained
intent of conditions.
Speaking to Condition 22, which indicated the developer would dedicate
an additional 12 ft. of street right of way for possible future bus
turnout, Comm. Blaine pointed out the' building had a 30 ft. setback
which would reduce landscaping to l8 ft. on Stevens Creek Blvd. She
also noted it was important to consider size and use of Parcel B.
MINU!ES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
PC-241
Page 3
Mr. Bob Winchell, Short Point Ct., Alamita, who was representing the
applicant, said they had just received the report of November 8 and
had not had time to review it. He therefore asked for a continuation.
Chairman Adams noted there were many in the audience who had attended
because of interest in this item. He felt it ~ould be beneficial both
to the applicant and the Commission to hear their comments.
Mr. Melvin Kerwin, representing Fireside Thrift, determined members of
the Commission had received a copy of their letter objecting to proposed
use of the parcel. He agreed with Comm. Blaine that the first thing to
be considered was the size of Parcel B.
Recommendations from ASAC preliminary review were explained by Chairman
Adams and a copy of the review given to Mr. Kerwin.
Mr. Kerwin summarized their concerns: (1) Impact on their property by
this building; (2) bar use because of increased traffic; (3) minimum
setback (they would prefer 40 ft.); (4) sign tower and entrance sign
should be restricted; (5) plantings in front should be of low type;
(6) further checks on estimated trip counts should be made; (7) setbacks
are minimum and congestion could occur which would be detrimental to the
neighborhood.
Mr. James Cox, l0139' N. Blaney, Cupertino, said there is already heavy
traffic on Blaney. He has difficulty in the evening in getting into his
driveway. In the summer it is difficult to have their second story
windows open because of noise at 2:00 a.m. from existing businesses.
He said there are already six or seven establishments at that inter-
section which serve alcoholic beverages. There is too much t-raffic in
the neighborhood, there are already enough restaurants and bars, there
is much noise from traffic and he would especially object to having it
open 24 hours a day. He requested denial of this application.
Mr. Terry Grant, 19975 Peartree Ct., Cupertino, said he was concerned
about traffic situation. He wanted to support Mr. Cox's comments and
to emphasize that Blaney, with bicycle lanes on both sides, is a very
narrow road. If alcoholic beverages are allowed, there will be more
traffic on Blaney in late hours of night. He referred to Parcel Band
what business would be put there. He would like to see the entire site
developed as one.
Mrs. Marlene Phipps, 10163 Riedel Place, Cupertino, said she had three
points to make. (1) Excessive traffic on Blaney between 7:30 and 8:00
a.m. when children are coming to school. (2) Children walk or bicycle
to St. Joseph. Many cut through that area and with additional layout
and parking lot there could be a problem. (3) She did not believe the
police could see in parking lot from either Blaney or Stevens Creek Blvd.
She referred to trouble in Portal Park; there was drug traffic and she
believed the Denny's would be a natural meeting ground.
PC-24l
Page 4
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
Mr. Ron Kinsey, 10181 Bilich Place, Cupertino, noted there was a traffic
report on Stevens Creek Blvd. but wondered if any consideration had been
given to traffic on Blaney. They are not only discussing Denny's and the
undesignated Parcel B, but also an easement through this area which would
permit an undesignated quantity of traffic to, have access to Blaney,
complicating an already intolerable situation~ The 24 hour service and
liquor license are two points the citizens in this area find entirely
unacceptable. He requested denial of this use for this parcel. He said
because of traffic, bicycle paths and the fact that children come across
Blaney without supervision, this proposal would aggravate situation even
further. He asked to receive all copies of studies made and to be kept
informed.
Mr. Frank Foster, 10169 N. Blaney, Cupertino, said he felt more people
would have been here if they had known about this hearing. He had not
been notified. He said he had attended the meetings when the bicycle
lanes had been discussed and he still felt Blaney was too narrow to
have them plus parking on one side. Adding additional traffic would
make an untenable situation. With regard to a cocktail lounge, adding
another would not do their neighborhood any good and he would suggest
this be discouraged. He also objected to the 24 hour service. He did
not feel this proposal fit on the lot and asked it be denied.
Mr. Bill Nurick, 20094 Wheaton Dr., Cupertino noted some of these
arguments are from a total community view but he wanted to speak of
his personal problems from having home abut the site. He now cannot
open his windows. He certainly would not expect parking this close
to the back. This would make it impossible for people to live in
houses abutting the parking area, especially with 24 hour service.
Mr. Zak Witt, 20054 Wheaton Dr., Cupertino, said he supported argument
already heard about excessive noise, particularly live music at night.
These homes are expensive and he felt this would destroy their property
value.
Mrs. Sylvia Foster, 10169 N. Blaney, Cupertino, said she was concerned
about proposal for all the reasons stated and an additional one. That
is when a business that close to residential homes is open 24 hours a
day, problems will be raised for the police.
Mr. Tom Siron, 20064 Wheaton Dr., Cupertino, said he would like to strongly
endorse what everyone else was saying about the "Grand Prix" on Stevens
Creek Blvd. He did not think that police coverage was complete. He said
they also could not open their windows in the evening.
Mrs. Yvonne Kinsey, l0181 Bilich Place, Cupertino, agreed with what everyone
had said. She wanted to stress that the ''happy hour" at the restaurant
would be from 4 to 6 p.m. and no more traffic was needed here during those
hours.
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
PC-241
Page 5
Mr. Dave Johnstone, 10128 Myer Place, Cupertino, asked the Commission
members to look at width of Wheaton, a residential street, as compared
to Blaney, which is now a heavily trafficked road. There are no signal
lights to help traffic. He pointed out this is an expensive neighborhood.
Just the 7-11 store has caused much trash to be spread around the area.
He felt most of the neighborhood agreed the intersection was an eyesore
and nothing Cupertino should be proud of.
Mr. Phil Clark, 19994 Wheaton Dr., Cupertino, said in listening to the
planner's summation, he had heard nothing that was to the benefit of the
residents. He asked the planners to come out some evening and witness
for themselves the situation being described,
Mr. Dave Kopels, 1016l Bilich Place, Cupertino, agreed that all four
comers of this intersection were an eyesore. With property value going
up and Cupertino being a progressive city, he felt something would be
done With the current shopping center. Car counts and traffic genera-
ting figures are not taking into account an up-dating of the shopping
center. One of his fears was that eventually they would be talking
about widening Blaney. It is time now to take an overall look at what
will be done on the entire comer.
Mr. Cox requested they have minutes and, addendum, and that for future
meetings those residents in immediate area be notified about what is
taking place. Mr. Cox said he did not think notifying residents within
300 ft. was enough in this case.
City Attorney Kilian said the 300 ft. figure was State law. City Council
and Planning Commission could extend this upon resolution. In addition
any individual could request special notice be mailed to them.
Planning Director Sisk assured the residents ~hat a call to City Hall
would insure that they received notices of the meetings.
Mr. George Foster, 10159 N. Blaney, Cupertino, said he agreed with all
previous comments concerning noise, traffic and security. He noted he
had not been notified about this meeting while his neighbor directly in
back of him had.
Assistant Planning Director Cowan assured the residents the City tried to
be as open as possible. He suggested they meet in the lobby and form a
steering committee to work with the developer and the staff.
In answer to Comm. Koenitzer, Mr. Cowan said the vacant property to the
south was zoned for mixed commercial. He explained intent of the General
Plan in relation to this area. He noted many of the comments tonight
were opposed to any' increase of commercial development period.
PC-24l
Page 6
~~~,
25-TM-76,
22-U-76
continued
to 11/22/7
Recess
23-U-76
Carl
Holvick Co
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
Comm. Blaine said she would like all the information possible about Blaney
traffic at all hours. Also statistics on drunk driving and robberies in
the area. Also information on planned development zoning, including
Parcel B.
Comm. Koenitzer said his concern was enlarging: of Parcel B and parking
to go behind 7-ll Store. He did not see any reason to expand size of
Parcel B when the Denny's proposal could use extra land to move building
back on Stevens Creek Blvd. to provide for possibility of future bus
stop and to provide parking closer to the restaurant. That long parking
lot would be a problem and he did not think it would be used by the
Denny's customers.
Comm. Koenitzer was also concerned about number of comments on increasing
commercial since so much of this land in area is already zoned co~rcial,
although it is not developed. The residents should be thinking ~õout
this and the City should perhaps again look at the General Plan.
Chairman Adams said his personal opinion was there are enough cocktail
type lounges in the area and he would not like to see something like
this added.
Comm. Blaine asked what other 24 hour commercial situations were in the
City. This was briefly discussed.
Comm. Koenitzer moved to continue Applications 25-2-76, 25-TM-76 and
22-U-76 to next regular meeting of, November 22, 1976. Seconded by
Comm. Blaine.
Motion carried, 3-0
Planning Director Sisk stressed that unless a resident living beyond 300 ft.
specifically asked to be notified about future hearings, they would not
be notified.
At 8:45 p.m. a recess was called, with the meeting reconvening at 9:00 p.m.
2. Application 23-U-76 of CARL HOLVICK CO.: USE PERMIT to allow
construction of two light industrial buildings in a P (Planned
Development) zone located at the northeast corner of Lazaneo
Drive and Bandley Drive. First Hearing.
Carom. Koenitzer suggested hearing item 3 first since decision on Tentative
Map would reflect on this development, It was so ruled.
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
PC-24l
Page 7
3. Application 26-TM-76 of DR. JOSEPH F. BROWN: TENTATIVE MAP to
subdivide approximately 3.79 acres into three parcels. Said
property is generally located at the northeast corner of
Lazaneo Drive and Bandley Drive with a small segment fronting on
North De Anza Boulevard. First Hearing;
26-TM-76
Dr. Jose
F. Brown
Planning Director Sisk referred to staff reports on both Application
23-U-76 and 26-TM-76, noting the tentative map application and use
proposal are directly related. He noted that the ASAC preliminary
review had recommended larger landscape areas but indicated no paricular
concerns.
Mr. Sisk pointed out the configuration of Parcel C was particularly
important since the parcel incorporated 20 ft. of the 30 ft. wide
"private drive" defined in the De Anza Boulevard Conceptual Plan.
It was the staff's conclusion that the site design concept as a whole doe
not reflect the spirit and intent of this Conceptual Plan from the point
of view of integrating future developments via common circulation systems
and building design elements.
Using exhibited site plan, Mr. Sisk described proposed layout. Parcels
A and B would each have a separate building. He pointed out the proposed
site plan tended to orientate undesirable servicing and loading areas
both towards Bandley Drive in the case of Building A and the private
drive and future parking areas for future users on De Anza Boulevard
in the case of Building B. The site plan should be designed in a manner
so the future user of the businesses on De Anza Boulevard would not have
to drive by a "back door" image.
Mr. Sisk referred to informal exhibit showing buildings having the
service and loading facilities back to back.
Mr. Sisk noted the staff was recommending approval of the Tentative Map
application with conditions; There was no problem with Parcel C if the
conditions as outlined in staff report were met. He explained the intent
of conditions 17 and 18.
Concerning the Use Permit, Mr. Sisk advised staff was suggesting it be
continued or denied. There needs to be further discussion on the
orientation of the buildings in relationship to future development.
Dr. Joseph Brown, 20985 Pepper Tree Lane, Cupertino, said this parcel
map was in response to desires of City's concepts and to accommodate the
ultimate development of Bandley Drive. He felt this was a very good
looking development. The developers have indicated they have no need
for access into the proposed alley. This access will service mainly
those properties facing De Anza Boulevard.
PC-24l
Page 8
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
Dr. Brown said he felt getting into details of the area was a little
premature. He felt some overall development that included all of these
properties would take place and the concept of the area would change,
but for the present time he was willing to go along with these conditions.
Chairman Adams then opened the hearing to public comments.
,
Mr. Jim Walker, 7576 Peach Blossom Drive, Sunnyvale, said he had talked
to staff a number of times and one of the reasons they wanted to develop
here was because of the Conceptual Plan. He hoped future developments
in this area would be as attractive as theirs. He pointed out they are
in general conformance with the General Plan. He noted that per ASAC's
suggestion they had combined two driveways to reduce curb cuts and that
the landscaping at property line had been increased to lO ft.with 6 ft.
at rear of Building B. He said they were willing to take landscaping
from rear of building to make landscaping at property line heavier. '
Mr. Walker šaid this was a light industrial development. There would'
be a 10,000 ft. user in one building, a magazine publisher, having two
trucks a month coming in,
Regarding common circulation system, Mr. Walker said in looking at the
elevations he felt they had spent time and effort to design a building
that was pleasing from all sides. It has architectural continuity.
The Conceptual Plan states the loading area should be internalized.
They feel this was done by screening and architectural control of the
building itself.
Mr. Walker said they resented the "back door" reference as they feel
the rear of the building is not unattractive. He said they feel that
at this point they suffer from existing uses on North De Anza Blvd.
Landscaping was to screen existing uses as well as to screen them
from future users.
Mr. Walker pointed out their building is 300 ft. from N. De Anza Blvd.
which will have 50 ft. of landscaping. Their building will have very
little impact on N. De Anza Blvd.
Mr. Walker spoke to staff's suggestion for location of buildings. He
said this was disadvantageous to their intent. They need the capacity
to expand access since they do not know how many tenants they will have.
He felt this design would preclude them doing the type of development
they were proposing.
Chairman Adams referred to Conceptual Plan, noting he agreed with staff.
The layout proposed for Parcels A and B has several problems. He said
Building B had one wall facing the northerly lot line. This layout is
unacceptable since it creates problems for the next develoPMent to the
north. The back of Building B facing N. De Anza Blvd. with loading ramps
and doors poses an aesthetic problem, for any future development. He
pointed out the easterly wall of Building A is blank.
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
PC-241
Page 9
Chairman Adams advised items 2 and 3 were being discussed concurrently.
Comm. Koenitzer said he had severe reservations about the Tentative Map.
The concept is for private roadway to be a major access for vehicular
traffic to entire parcel. He did not think this proposal met the
N. De Anza Conceptual Plan intent. The 20 ft.: strip should be included
in Parcels A and Band jevelopment of private drive should be included
as part of the Tentative Map. Traffic flow should be oriented toward
using private drive rather than as proposed.
Planning Director Sisk explained the intent of Tentative Map proposal
which said the 20 ft. is not necessary for these two buildings.
Mr. Walker clarified the access works as disadvantage to them. They
want their own access using existing streets.
After discussion, Planning Director Sisk advised the Commissioners that
if it was their consensus that the Tentative Map was unacceptable,
as well as site plan, they could ask the applicants if they wished a
continuation. Chairman Adams then asked the applicants if they wished
a continuance or a decision.
Chairman Adams clarified for Dr. Brown that intent was to have 20 ft.
strip included in layout so it would be developed with Parcels A and B.
A fence could be put up until development of other property at which
time the additional 10 ft. could be added.
Dr. Brown gave his idea of what future development would mean to this
area. He did not think the area would relate to ultimate development
to the east. He said the area should be reserved for development to the
front.
Comm. Koenitzer pointed out if they permitted these two parcels to go
their o\~ way, it would be the type of thing the next development would
want to do. He read Conceptual Plan requirement for this area,
In answer to Comm. Blaine, Mr. Sisk pointed out curb cuts proposed for
Bandley Drive and Lazaneo Drive.
Chairman Adams again asked the applicants if they wished a continuance
or a decision. He explained procedure of each alternative for Mr. Walker
Mr. Walker said having general traffic going through their property did
not fit with their use. They were not a shopping center
Comm. Blaine moved to close Public Hearings. Seconded by Corom. Koenitzer Public HI
ing clos.
Motion carried, 3-0
PC-24l
Page lO
TM-26-76
denied
22-U-76
denied
26-U-74
Hodifica-
tion
Edwin J.
Nyers,AIA
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
Motion on Item 3:
Comm. Blaine moved for denial of Application TM-26-76. Seconded by Comm.
Koenitzer.
AYES:
NOES:
Blaine, Koenitzer, Chairman Adams
None
Motion carried, 3-0
Motion on Item 2:
Comm. Koenitzer moved to recommend denial of 22-U-76 to City Council,
Seconded by Comm. Blaine.
AYES:
NOES:
Blaine, Koenitzer, Chairman Adams
None
Motion carried, 3-0
City Attorney Kilian advised the applicants they would need a written
request to City Council for an appeal.
4. Application to modify use permit 26-U-74 of EDWIN J. MYERS, AIA:
Request to allow addition of classroom and office space to
existing church sanctuary and fellowship hall buildings of the
Bethel Lutheran Church. Said property is located at the southwest
corner of the intersection of Finch Avenue and Sorenson Avenue.
First Hearing.
Assistant Planning Director Cowan exhibited transparency and located
property. He explained the proposed addition. If the application is
approved, it would not go on the City Council since the church is
properly zoned.
Mr. Cowan referred to a letter received from the management of Fontainbleu
Apartments requesting Planning Commission to discuss the possibility of
compelling the church, as a condition of approval of the use permit
application, to install a fence along the mutual property line between
the church and apartment complex. Unless there was evidence to the
contrary, it was felt this was a private matter and the City should not
intervene.
Mr. Cowan said the City had received a grant to construct a pedestrian-
bicycle path from Sorenson Avenue to Miller Avenue which should alleviate
problem of high school students cutting through apartment complex.
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
In answer to Corom. Koenitzer, Mr. Cowan said there was no fence require-
ment for quasi-public development.
Mr. Edwin J. Myers, 10601 S. De Anza Blvd., Cupertino answered Corom.
Blaine that to his knowledge there had never been a fence on eastern
property line of Fontainbleu apartments. He said this was a completely
different application than previous and explained present proposal. He
said they were rebuilding kitchen and relocating nursery area.
Mr. Myers answered Carom. Blaine that the nursery school use would be at
the same time; there would be no change.
The hearing was opened for public comments. There were none.
PC-24l
Page 11
Carom. Blaine moved to close Public Hearings, seconded by Comm. Koenitzer. Public H
ing c10s
Motion carried, 3-D
Carom. Koenitzer said he would encourage management of Fontainblue and
the church to mutually erect a fence. Mr. Myers said this would be looked
into prior to their coming in for ASAC approval.
City Engineer Whitten explained the lO ft. pedestrian-bicycle path along
Calabasas Creek to Sorenson Avenue. This will be fenced on both sides.
Carom. Koenitzer moved to recommend approval of Application 26-U-74 to
the City Council with the standard conditions and conditions l5 through
l8 as shown in the staff report. Seconded by Carom. Blaine.
AYES:
NOES:
Blaine, Koenitzer, Chairman Adams
None
Motion carried, 3-D
s.
CITY OF CUPRIINO: Public Hearing to review proposed Tree Ordinance
providing regulations for care and removal of trees on private
property, providing for a system of granting permits for removal
of specimen trees, and providing for protection of all trees
during construction operations. First,Hearing continued.
Assistant Planning Director Cowan gave brief background of tree ordinance.
He referred to staff report of November 5, 1976 in which three options
were outlined. Staff was recommending that Option 1 be adopted since
this seemed to be acceptable at the City Council level.
26-U-74
approvec
condi t ic
Tree
Ordinanc
PC-24l
Page 12
Tree Ord.
discussion
continued
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
It was noted the City Attorney had advised Some rationale to justify the
exclusion of single-family and duplex zoned districts would have to be
found.
Comm. Blaine ascertained the word "developed'\ meant any lot that had a
dwelling on it.
Comm. Blaine asked for a definition of "professional tree trinuner".
The City Attorney looked up the 'meaning to be "tree service licensee".
Comm. Koenitzer said his position was the same; that Section 6.e should
be deleted. There was no reason why it should not apply to all specimen
trees in the City. A discussion followed. Chairman Adams and Comm.
Blaine felt the ordinance should regulate what was reasonable and just.
Taking down to single family control went too far. Chairman Adams
felt the tree ordinance should be kept toward large developmen~
construction, industrial and commercial complexes.
After further discussion, it was proposed this ordinance be continued
to the next meeting when other conunissioners would be present.
Comm. Koenitzer moved to continue Tree Ordinance discussion to next
regular meeting. Seconded by Comm. Blaine.
Motion carried, 3-0
A five minute break was taken at 10:30 p.m. with the meeting reconvening
at 10:35 p.m.
UNFINISHED BUSINESS: None
NEW BUSINESS:
6. Staff Report regarding condominium conversion ordinance.
Planning Director Sisk referred to Condominium Conversion Study prepared
by Assistant Planner Piasecki, who would discuss it with the Conunissioners.
This report included a brief analysis of issues and discussed the potential
ordinance sections aimed at resolving or mitigating the impacts of the
conversions ~
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
PC-241
Page 13
Assistant Planner Piasecki said he had studied 18 ordinances in Cali-
fornia. He briefly reviewed his findings.
Mr. Piasecki said basically the ordinance is deemed necessary to
establish a clearly expressed intent on the City's part to differentiate
between ownership and rental and to treat them differently because
they are ownership units. He noted that most of the casual inquiries
to the Planning Department regarding proposed conversions have been
for older complexes with the exception of Casa De Anza.
Under Social Implications, Chairman Adams felt there should be a
6 month to a year lease extension while conversion is taking place,
but that there should not be any required relocation assistance.
Mr. Piasecki referred to Table I in report which tried to put down
information about major complexes in the City.
A discussion was held on the issues listed.
Under Buyer Protection, Chairman Adams felt the Building History, Pest
and Code Compliance Reports should be required. Comm. Koenitzer felt
the Soils report should also be included and that the buyer should sign
a statement that he has seen these reports. These items were also
discussed. Comm. Blaine felt as much information should be made to
the buyer as though he were buying a single family home.
Chairman Adams, noting they had just received the report, suggested
further discussion should be held after they had had a chance to study
the report.
Comm, Blaine said she felt very strongly about requ1r1ng fire wall and
grounded electrical outlets. She said unless' there was an overabundance
of apartments in the City she would have trouble with this condominium
conversion. There should be a balanced variety of housing and any
ordinance should address this. She ascertained that a Homeowners
Association would be a requirement.
Site Review Considerations were discussed. It was noted that parking
space is a major problem. There could be H-Control review to insure
adequate common areas. All utilities should be undergrounded to meet
all current code standards.
In answer to Comm. Blaine, Mr. Piasecki said only one conversion had
been allowed and all those units were sold. One request had been denied.
The Commissioners agreed to continue this discussion at the next
regular meeting on November 22, 1976.
PC-24l
Page 14
Minutes of
10/25/76
continued to
11/22/76
MINUTES OF THE NOVEMBER 8, 1976 PLANNING COMMISSION MEETING
APPROVAL OF MINUTES:
It was moved by Comm. Blaine, seconded by Comm. Koenitzer, to continue
approval of the Minutes of October 25, 1976 to the meeting of November
22, 1976.
Motion carried, 3-0
REPORT OF THE PLANNING COMMISSION
Chairman Adams reported on the Mayor's Meeting. A brief discussion was
held on what size property should be required for cluster type homes.
REPORT OF THE PLANNING DIRECTOR
Planning Director Sisk reported on meeting between planning staff and the
City Council. Only 17% of thrust was toward major planning and City
Council wanted a more reasonable ration. Ways of meeting this 'objective
were discussed.
Hr. Sisk distributed expense forms for convention.
Comm. Koenitzer reported on the PPC meeting. It was noted City should
have input into regional studies. Carom. Koenitzer reported on formation
of Intergovernmental Council. Mr. Sisk said the meetings should be
structured so that discussions on these regional matters could be
included. Comm. Koenitzer was asked to attend the next PPC meeting also.
Ways to lessen time spent on individual applications were discussed.
Comm. Blaine suggested the City Attorney have findings for denying
or approving an application available for them. These could be included
in the staff report.
The City Attorney said he could summarize the findings to support what
was in the ordinance. He said there are legal opinions that have been
written. He could prepare a packet of these with general summary of
ordinances.
ADJOURNHENT
At 11:57 p.m. the meeting was adjourned to 7:30 p.m. on November 22, 1976.
APPROVED:
ATTEST:
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Wm. E. yder, City Clerk
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