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PC 08-09-76 CITY OF CUPERTINO, STATE OF CALIFORNIA l0300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF. THE PLANNING COMMISSION HELD ON AUGUST 9, 1976, IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALHORNIA SALUTE TO THE FLAG Chairman Adams called the meeting to order at 7:34 p.m. with the Salute to the F.lag. ROLL CALL Comm. present; Comm. absent: Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Staff present: Assistant Planning Director Cowan Director of Public Works Viskovich Assistant City Attorney Kilian Dr. Michael Hogan, Environmental Consultant APPROVAL OF. MINUTES Minutes of Regular Meeting of July 26, 1976 Page 6, paragraph sq. ft. in size. 8, line 5 should read, "homes are 1,100 to 1,300 They.... ." Page 6, paragraph 9, "pedestrial" should be "pedestrian". Moved by Comm. Woodward, seconded by Comm. Koenitzer, to approve the Minutes of July 26, 1976 as amended. Motion carried, 3-0-2 Abstain: Cooper and Gatto POSTPONEMENTS: None Assistant Planning Director Cowan asked that item 5 be moved to top of agenda. So moved by Comm. Woodward. Comm. Koenitzer felt that the City items could be put off; however, the other applicants should be heard in order of the agenda. Motion was seconded by Comm. Cooper. Motion carried, 4-1 No: Koenitzer PC-233 Page 1 nutes of 7/26/76 approved as amended Item 5 moved to top of agenda PC-233 Page 2 Items 1 and 2 moved to end of agenda l7-Z-76 and l3-U-76 SOBRATO-BERG PROPERTIES MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING WRITTEN COMMUNICATIONS: Assistant Planning Director Cowan referred to copies of three letters relative to item 5 on tonight's agenda. ORAL COMMUNICATIONS: None Comm. Koenitzer moved that items 1 and 2 be moved to the end of the agenda. Seconded by Comm. Gatto. Motion carried, 5-0 PUBLI C HEARINGS: 5. Applications 17-Z-76 and 13-U-76 of SOBRATO-BERG PROPERTIES: REZONING approximately 54 acres from P (Planned Development: with commercial use intent) to P (Planned Development with commer- cial, industrial/office use intent) or whatever zone may be deemed appropriate by the Planning Commission; USE PERMIT to allow construction of approximately 792,000 sq. ft. of industrial/office building. Said property is located easterly of and adjacent to North De ArIza Blvd. and extending southerly from the intersection of North De ArIza Blvd. and Route 280 for a distance of approximately 2500 ft. First Hearing. Staff report: The Assistant Planning Director introduced Dr. Michael Hogan, who could answer questions with regard to technical aspects of the application. Site plans were displayed and Mr. Cowan located property under discussion. He briefly discussed background of site, and explained intent of proposal. With regard to land use, the application is consistent with the General Plan based on the assumption that the applicant can buy surplus trips from adjoining owners. Regarding traffic circulation, Mr. Cowan displayed another diagram showing the applicant's plan and five variations. He discussed each one. He displayed another variation of circulation plan which was recommended by the staff. It was estimated that 7% of the total trips would utilize the Lucille Avenue driveway access point with 93% from Mariani Drive. Mr. Cowan noted the Fire District and Sheriff's office have indicated the plan recommended by staff will provide satisfactory access into the residential neighborhood, particularly if the street barricade is designed to allow emergency access. MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING PC-233 Page 3 Pedestrian access through the site waS discussed briefly. With regard to park needs for the community, Mr. Cowan noted the City has the option of (1) recognizing the deficiency but not making additional park land acquisition, or (2) to acquire as much land as economically feasible to attain the standard. If the City decides to acquire additional land, there is surplus land on the Portal School site or acquiring Sobrato-Berg land adj acent to Collins School. A third option involved a dependence on joint school/park use instead of park acquisition. Mr. Cowan referred to staff recommendation that the approval of the application be conditioned in a manner to permit a 2-3 acre acquisi- tion of land adj acent to Collins School. The housing impact of introducing over 3,000 new employment oppor- tunities was discussed. Slides were shown of the area. Mr. Cowan 'pointed out trees that should be retained. Other slides were shown, showing different types of barriers used between industrial and residential ,properties. Chairman Adams outlined procedures that would be followed in discussing this application. Comm. Koenitzer said Merritt Drive should have a' larger ball at end to allow for turning radius. Public Works Director Viskovich said the cul-de-sac would have access to North De Anza Blvd. Comm. Koenitzer noted that assuming Merritt Drive is closed, pedestrian access should be provided. He felt the area over the 12" sewer main would be the best location. He would be opposed to any access that is not off a stop light, because the access will be where children will cross. In answer to Comm. Gatto, Mr. Viskovich explained how the different percentages of traffic for the circulation patterns were derived. Comm. Gatto ascertained there would be 1206 trips generated by site at peak hour. Dr. Michael Hogan said this was quite a commuter movement area and this had been taken into account when they made their report. He referred to Table 1-1 showing distribution in capsulated form. He briefly described the effects on different streets by the alternative circulation routes. Also the noise impact and air quality impact on each alternative. Chairman Adams ascertained these charts were available to the audience membe rs . PC-233 Page 4 MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING Dr. Hogan reported on existing commuter pattern of Vallco Park. 20% went the circuitous route of Vista Drive to Blaney Avenue. Dr. Hogan answered Comm. Koenitzer they had tried to build all of the assumptions they believed would be in force into their predictions. Chairman Adams asked Dr. Hogan to summarize Table 1-4 for the benefit of the audience, which he did, noting these were somewhat value judgements of the net impacts. He said the project plan itself by shutting off the easterly exit to residential area would have the least or negligible traffic, air quality and noise impacts. Given mitigation measures recommended, all emergency accesses were satis- factory. Chairman Adams determined the traffic counts indicated on Merritt Drive and Mariani Avenue were about three weeks old. Comm. Cooper spoke to desire of the City to keep curb cuts to a minimum for purposes of aesthetics. She was concerned about curb cuts being decided before the landscaped median was installed. Mr. Viskovich said with the widening of De Anza Blvd. the median curbing would be erected at the same time. Mr. Cowan pointed out a curb cut they felt could be closed, noting this area would make a good bus stop area. Comm. Woodward expressed concern about flow room for people coming out of Phase I driveway to merge left for northbound 280 and right for southbound 280. Mr. Viskovich said hopefully the signal at Mariani Drive would give enough gaps for vehicles exiting to get into desired lane. Comm. Woodward asked about making the Mariani cul-de-sac into six lanes to allow for stacking. Mr. Viskovich said they are looking into the possibility of additional lanes so approach on Mariani will have about 5 lanes to allow for stacking. With regard to curb cuts, Mr. Viskovich answered Comm. Woodward the developers felt they need the four curb cuts in order not to crowd all traffic on one focal point. Mr. Viskovich said the developer needed more outlets and the staff tended to agree with this. Mr. Viskovich answered Comm. Gatto that the portion of Mariani and Merritt not utilized would have to be abandoned and would revert to the owner. MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING PC-233 Page 5 Comm. Koenitzer questioned type of sewage being emitted by the industrial development. Mr. Hogan said they had no data that would indicate there would be a special problem but mitigating measures were included to cover this. Comm. Cooper asked to have route of fire trucks traced. Mr. Hogan did so. Mr. John Sob rata , Sob rata-Berg, said they would prefer to wait for public input before making their presentation. 'Comm. Koenitzer noted there were no conditions covering the sewage problem. Mr. Cowan said there are stringent regulations on local and regional levels. Mr. Kilian said the Cupertino Sanitary District has its own ordinance and any condition should be coordinated with this ordinance. Mr. Cowan answered Comm. Gatto that all residents of the east/west connections had been directly notified of this meeting. The meeting was then opened to public comment. Mr. Jim Holt, 10510 Larry Way, Cupertino, referred to Table 1-1 of variations showed slight increase of Larry Way to Provide access to Lucille Avenue. Most traffic will go down Lucille to Larry so he did not favor Lucille being opened up at all. Mr. Holt pointed out the two story building backing onto Larry Way ,residences would allow a direct view into their backyards. He would favor deletion of windows on the building facing the residences. Mr. Holt spoke to various thoughts on keeping Mariani-Merritt open. He suggested a cul-de-sac ending into the project from Merritt but not connecting directly with De Anza Blvd. He indicated this placement on the map. Comm. Woodward suggested there are ways to architecturally treat windows so that normal line-of-sight would not penetrate into residents. Mr. Vincent R. Kemble, 10601 Larry Way, Cupertino, said he felt this was a reasonable project. He described problems already existing on Lucille Avenue and pointed out that traffic would divide between Larry and Randy. Mr. Kemble said the 6' wall is inadequate and should be at least 8'. He said there was a 3' difference of grading between the orchard and the houses on Larry Way. PC-233 Page 6 MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING Mr. Kemble expressed concern about the l30' tank farm and hoped this would not give off noxious fumes. Mr. Cowan pointed out that the applicant would have to hire an accoustical engineer and he would recommend what height of wall sould be most effective. Mr. H. N. McLaughlin, 10643 Larry Way, Cupertino, said he would not want a 14' stone fence behind his property. 5 gallon size trees would not be satisfactory as it would take too long for them to be effective. He noted everything can be mitigated but when and by what? Mr. Cowan said at this point only The next step is to H-Control who materials and planting materials. of too much screening. the functional process is being required. will determine height of the wall, He pointed out some disadvantages Mr. McLaughlin said about 75% of these people are the original owners. They were promised that Mariani Drive would always be there as an exit and entrance. Closing Mariani will cut value of homes because of loss of access to freeway. Since there will be an industrial building them with noise and all, leaving Mariani should be considered as part of same package. It was pointed out these are conceptual plans. Detailed review Comes at H-Control level and the residents would be notified of that meeting. Mr. Jerry Sowal, 20188 Merritt Drive, Cupertino, said the possibility of leaving Merritt open was unacceptable. He enumerated accidents that have happened at his house. To double traffic would be an unthinkable hazard. In terms of the good of the community, Merritt must not extend through. Mr. John Cregan, 20118 Merritt Drive, Cupertino, said the one thing he had been impressed with was the closing of Mariani. Traffic will be a hazard for children walking to school through this area. He was concerned that there would be a high increase of accidents. Mr. Henry Zetschok, l0642 Larry Way, Cupertino, said he would not have bought the property if he had known Mariani would be cut off. Development of this property will add pollution and congestion and he thought it was wrong to develop this property. He understood they could not legally cut this street off. He felt Mariani should be widened. Mr. James W. Steiner, l0424 Vista Drive, Cupertino, commented the thought given to pollution and traffic volume was very thorough. He felt closing Mariani would preserve character of neighborhood. He preferred isolation of the project. He said if the 7% predicated to be using Lucille was going to be delivery type vehicles he would be opposed to this. He felt there should be constraints on service vehicles using private driveway access. MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING PC-233 Page 7 Dr. Hogan said the reason for recommending opening Lucille Avenue was that it would serve people within immediate residential areas. Dr. Hogan answered Comm. Gatto that the rationale for the 7% was taken from observations. It is not a convenient movement. Comm. Cooper commented it seemed a goodly portion of the parking fell in this area toward the freeway and it seemed more than 7% would use Lucille rather than work its way to Mariani. Dr. Hogan explained how they had arrived at this number. The number might not be precise but would be close. Comm. Koenitzer commented it seemed as though it would be a problem getting out of any portion of the site. Mr. Harold Johnson, 10Sll Larry Way, Cupertino, said everyone is very much in favor of the project. Even with Mariani, Vista and Merritt open, it was difficult for the fire trucks to get through. Regarding sound wall and planter strip, the higher the wall the better as far as he was concerned. He felt the two houses on the end should have the right to a sound wall on the side also if they so chose. Chairman Adams pointed out if he wanted the second wall he would have to make application for it. Mr. Johnson reiterated his feeling that he would like to see Mariani open and a higher sound wall. Mr. Carl Leinfeldon, 20043 Merritt Drive, Cupertino, said he appre- ciated the project plan. He favored closure of Merritt and keeping Lucille closed. Mr. Rex Sharp, lOSl4 Orange Tree Lane, Cupertino, said he had just sold his house in Cambrian and value was decreased $lO,OOO.OO because of traffic. He was in favor of closing Merritt Drive. Mr. John Sobrato said they would not oppose leaving Mariani/Merritt open if that was what was wanted. He assured the residents it was not a noisy" project. The buildings will be 200' from property line. He referred to line-of-sight drawings. He said no one from the second story would be able to see into the residences of neighboring houses. Mr. Sobrato answered Chairman Adams that prospective tenants of Phase I would be a computer firm. There would also be a nationally known , restaurant and bank on the corner. PC-233 Page 8 MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING In answer to Assistant Planning Director Cowan, Mr. Sobrato said he did not think it was practical to include large eucalyptus tree in park area. He said they would do their best to preserve as many trees as possible. Mr. Sobrato answered Comm. Gatto that they did not object to providing 2-3 acres for park but they would expect the City to give them a firm offer in a few months, prior to their applying for final map. Mr. Cowan answered Comm. Gatto the park would serve residents in the immediate area. Access through B. A.S. site was discussed. Mr. Cowan noted they were just reserving park area until they could decide if it was feasible. Mr. Sobrato referred to Comm. Cooper's concern about curb cuts. Their plan has a total of four curb cuts on De Anza Blvd. in a 2000 ft. frontage. They will be a significant distance apart. Four curb cuts serving 55 acres isn't much, especially since they are closing Mariani. Comm. Woodward asked if any thought had been given to a high-speed turn in-turn out like a Y configuration. Mr. Karl Berg said they would have no objection. With regard to curb cut at restaurant, this would keep the restaurant and bank separate from the industrial development. Mr. Berg answered Comm. Koenitzer that they would prefer having major access closer to freeway rather than moving it south. Mr. Sobrato asked the commission members to tell them how to close Mariani and how many curb cuts. Mr. Cowan compared degree of access on west side to that of east side. Comm. Koenitzer said this was not the problem on the west side since there were not the many small owners, but he was not sure there needed to be four cuts. The Public Works Director pointed out staff had recOmmended there be 3 curb cuts and located them on the site plan. Mr. Berg said they opposed this was they felt the commercial is separate from the industrial and should each have their own access. The restaurant, bank and devèlopers all feel strongly about this. Mr. Sobrato ascertained the covered walkway to bus stop as mentioned in staff report was not a condition. MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING PC-233 Page 9 With regard to Condition 24 that the applicant would provide 16 vans, Mr. Sobrato said they would be happy to cooperate in every way with the City in solving transit problem, but they did not feel they should be guinea pigs for something that might not work. He said they did not feel they should be strong armed into providing vans in order to get their project approved. Chairman Adams ascertained they would be willing to install a bus shelter along De Anza Blvd. Mr. Cowan pointed out there should be a pedestrian walkway to encourage use of the bus. Comm. Gatto determined Mr. Sobrato would want to strike "organized car or van pooling program" from Condition 23. Mr. Sobrato said they would join in any program that proves to be successful. Director of Public Works Viskovich gave background for Condition 24. He noted any developer of any magnitude in the City would be asked to do the same. The traffic reduction report recommended that a coordinator be hired and this would start a program for which the City needs support. He pointed out 32 vans would be required rather than 16. Mr. Sobrato reiterated he did not think this was practical. This project could not support its own van service. 32 vans for a trial process was not practical and should not be a condition if they expect them to go ahead with this project. With regard'to bike racks, Mr. Sobrato said they were opposed to covering them. This would be an imposing structure. He pointed out most people do not ride their bikes when it rains. He described type of rack being proposed. Mr. Cowan said intent of covering was to protect the bikes from theft. Mr. Sobrato suggested having racks in a highly visible area. Mr. Berg ascertained Condition 27 applied to SO' landscaped strip along De Anza Blvd. Mr. Sobrato referred to Condition 29, noting they will do everything they can to keep the trees, but it is impossible to say they will keep all trees 12" in diameter. Mr. Cowan said what the City is saying is that trees are important and the developer should take every step possible to work around them. Chairman Adams pointed out this was an item covered by H-Control initial review. PC-233 Page 10 MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING Comm. Cooper asked about their plans for pedestrian access for school children. Mr. Berg said they would like to leave that open until they come in with a definitive plan for the southerly portion of the development. They would work with City Council and staff and school to solve it to the satisfaction of all. Mr. J. G. Sowal reiterated the recommendation to close Merritt Drive. ~r. Hal Johnson said the car pooling was not a success where he worked and there was usually only one bike in the rack. He said the City is talking about an astronomical number of signals. He asked if there was any way to get a majority opinion as to whether or not Mariani should be closed or left open. He was told he had until the City Council meeting on September 7 to get a petition signed showing the majority feeling. Carom. Gatto noted this application is for both a zoning and use permit. Mr. Cowan said there was a provision that allowed an applicant to go concurren tly for zoniilg and use permit. Comm. Gatto noted there are permit that need answering. permit portion. several major questions relative to use It might be appropriate to continue use Carom. Gatto said he felt the land uses are acceptable and make a reasonable mixture. With regard to Mariani exit, what is important in residential area is some degree of privacy and minimum intrusion by vehicles into that privacy. One point is that very shortly Lazaneo will provide alternate access. The privacy will improve property value. He would favor the staff design except he did not think Lucille or any access should be provided out of the project. Carom. Cooper agreed as did Carom. Woodward. Carom. Woodward felt all mitigating measures must be addressed at this point. Cul-de-sacs should be closed. They should address crash barrier for emergency vehicle access both at Lucille and Mariani as well as pedestrian and bike accesses. It was agreed that Condition 2l should read: The applicant shall dedicate and improve bicycle and pedestrian access between De AAza Boulevard and Merritt Drive and to provide in conjunction with above, access to emergency vehicles. Carom. Woodward said he would not favor any curb cuts to Merritt Drive. Carom. Koenitzer noted that while he understood the concern of the residents, the increase of traffic would dictate the closing of Mariani and Merritt. MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING PC-233 Page 11 With regard to pedestrian/bicycle access between Mariani and Merritt, Comm. Gatto said there is a lot of movements that have to be studied and thought about. He was not sure they should give up right-of-way. Access should be on public domain. Right-of-way configuration must be thought out before being pinned down by the issuing of a use permit. Comm. Cooper pointed out most of morning traffic will be increased by traffic to school so staggered work hours will have to be studied very carefully. An aCCesS to school that will not conflict with project must be carefully worked out. Comm. Woodward felt the cul-de-sacs should be separated by minimal distance, but they must be careful not to have conflict between school pedestrian traffic and industrial traffic. Comm. Gatto pointed out if this is Planned Development where multiple uses are under one umbrella, there should be integrated curb cuts, parking, etc.Parking area is area wherein the landscaping should become a design element rather than just a row of trees. Relati ve to the bordering strip between the project and the residences to the east, there needs to be a clearer statement. l2' is not sufficient. You cannot get a type of tree arrangement in that space that will do an adequate job. Comm. Gatto felt the length of the property could handle four curb cut~ but if this corner is going to be isolated, there should be some meaning to it. Comm. Cooper said she realized the restaurant and bank required a certain amount of access to make them financially feasible but she was 'concerned about the number of curb cuts, and would favor the three cuts as proposed by staff. She also had problems with the end of the cul-de-sac. She wondered if building could be moved so that bulb could be opened to provide better flow. Landscaping should discourage people from taking curb cut as exit. Traffic should be encouraged to use Mariani exit. She was concerned about children's access especially the way the bulb is designed. Careful thought would have to be given to pedestrian access. Mr. Berg said they agreed with everything said. He said they were willing to go along with these things until further study could be made. He suggested City maintain right-of-way through Mariani/ Merritt until it is decided what to do. They are primarily concerned with northerly portion. They had not gone into landscaping detail but they would be willing to go along with suggestions. He pointed out the parking lot will be lowered by 2' or 3'. With winter coming up they do not want to delay construction. PC-233 Page 12 Public Hear- in g clos e d. l7-Z-76 approved l3-U-76 continued to 8/23/76 MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING Mr. Berg said if they couldn't get a good restaurant they would rather not have one. He pointed out the northerly development is very critical. He explained how they had tried to make the parking lots equal around the buildings. Carom. Woodward pointed still left unresolved. this case. out the effect of the site on the school site was He felt a two week delay would be warranted in Mr. Cowan recommended they approve the zoning with guidelines and continue the use permit until the 23rd of August, so the hearing could be advertised. After further discussion, Comm. Gatto noted they had basic agreement on land use and general amount of area. Also general circulation pattern. He suggested they could pass on zoning application limited to these items and address use permit as a complete package. Comm. Gatto moved to close Public Hearings on zoning portion of application. Seconded by Carom. Cooper. Motion carried, 5-0 Comm. Gatto moved to recommend approval to the City Council of Application l7-Z-76, specifically for a 54 acre parcel, 2.2 +- acres to be designated as commercial use. Such parcel to be located generally at Northeast corner of De Anza Boulevard and Mariani Avenue. Remainder of property to be light industrial within the guidelines as specified for light industrial development. The general circulation pattern will reflect a closure of Mariani Avenue at some terminus basically within the existing right-of-way. Merritt Drive will also terminate. There will be a pedestrian and bicycle link between these two terminations. There will be provisions for emergency vehicles. There will be no other exits either to Lucille Avenue or Merritt Drive from the property. This also includes 50' landscaped treatment along De Anza Boulevard consistent with the General Plan. Seconded by Corom. Woodward. AYES: NOES: Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Motion carried, 5-0 Chairman Adams advised this would be heard by City Council at its September 7, 1976 meeting. The Planning Commission would be reviewing use permit on August 23, 1976 meeting. Carom. Woodward moved for continuation of Application l3-U-76 to next regular meeting. Seconded by Comm. Cooper. Motion carried, 5-0 MINUTES OF THE AUGUST 9, 1976 PLANNING COMMISSION MEETING Chairman Adams called a recess at 11;15 p.m. with the meeting reconven- ing at 11:25 p.m. Comm. Gatto left during this recess. 3. Application 5-V-76 of WAYNE LEVENFELD: VARIANCE request from Section lO.3 of Ordinance No. 220 (n) to allow reduction of required side yard setback from twelve (12) feet to one and one-half (l.5) feet so as to allow the construction of a six (6) ft. fence within l.5 feet of the side property line. Said property is located at lOl20 Phar Lap Drive. First Hearing. Comm. Koenitzer said he would abstain from discussing this application since his residence is in this area. Staff member Cowan described request for variance, noting the rationale is that a 'specimen oak tree renders the bulk of the rear yard as unusable in terms of the installation of a swimming pool. He referred to copies of letters included in the packet, one for the variance and one against it. The hearing was opened to comments from the public. Mr. Wayne Levenfeld, 10120 Phar Lap Drive, Cupertino, explained his entire backyard is concreted in because of oak tree which puts it in the shade and drops leaves and acorns on it. Slides were shown of the site. Mr. Levenfeld explained there was a slope at the rear of his lot and a fence plus a juniper effectively wiped out any interface with the neighbor to the rear. Comm. Woodward moved to closè Public Hearings, seconded by Carom. Cooper Motion carried, 3-0-1 Abstain: Koenitzer Comm. Cooper moved for approval of Application 5-V-76 with l4 standard conditions and findings that existence of a large specimen oak tree creates exceptional circumstance applying to the property which does not apply generally to land in the particular area and presents unique problem. Granting of the variance is necessary for the preservation of a particular property right & the granting of the variance will not materially adversely affect the health, safety and general welfare of the surrounding neighborhood. Seconded by Comm. Woodward. PC-233 Page l3 5-V-76 Wayne Levenfeld Public Hear- ing closed PC-233 Page 14 5-V-76 approved 20-TM-76 May Invest- ment Company MINUTES OF THE AUGUST 9, 1976 PLfu~NING COMMISSION MEETING AYES: NOES: ABSTAIN: Cooper, Woodward, None Koenitzer Chairman Adams Motion carried, 3-0-1 This will be heard by City Council at its August 16, 1976 meeting. 4. Application 20-TM-76 of MAY INVESTMENT CO.: TENTATIVE MAP to subdivide 0.902 acres into four duplex lots. Said property is located adjacent to and northerly of Walnut Circle North approximately 130 feet easterly of the intersection of Foothill Blvd. and North Walnut Circle. First Hearing. The Assistant Planning Director located property and described proposal. He noted the intent of the applicant to construct duplex lots on these parcels is consistent with current zoning and the adopted general plan. Mr. Cowan pointed out a need to shift the common lot line between Lots 3 and 4 approximately 3 ft. west to fulfill requirements of ordinance for a 60.7 ft. front setback. The tentative map and aerial photo were displayed. The hearing was opened to public comment. Mr. Marty Hall, 10737 Par Three Drive, Cupertino, said he was represent- ing May Company. He said they would prefer Lot 4 front setback to be 25 feet rather than moving line to Lot 3. Mr. Cowan read a portion of Section 9 of ordinance dealing with lot areas and width. They need to make sure a setback within the 60.7 ft. is reached. Mr. Hall said they could make this a requirement to be met before issuing the building permit. Ms. Elizabeth Meyer, 10269 Palo Vista Drive, Cupertino, said she was representing a homeowners group and they were concerned about how far this duplex would be set. They would prefer moving the lot lines between Lots 3 and 4. After discussion with the City Attorney, it was noted either alternative would be feasible. Mr. Cowan advised that although the property around this area was approved for single story only, these parcels were not. MINUTES OF THE AUGUST 9, .1976 PLANNING COMMISSION MEETING PC-233 Page 15 • Ms . Meyer asked for a condition to be put onto the map that these duplexes would be single story. The City Attorney advised that although it was unusual, he thought it could be done since the City is allowing variance to original plan: Mr. John 'Rontalo,. 10101 Scenic Drive, Cupertino, said he was representing Mr. Murphy and lived in the area. He said the lots alcng Palo Vista that Ditz Crane developed were exceptionally deep lots . Mr. Hall said. he did not see how a two-story duplex would affect anyone in the Ditz Crane development. He thought the other duplexes ;on back..were two-story. Mr. Cowan said the entire area is limited to single story. Com=n.: Woodward moved to close Public Hearings. Seconded by Comm.. Public Hea Koen 'tzei,. . ing closed . .. - Motion carried, 4-0 Cot=.°Woodward moved to recommend to City Council for approval 20-TM-76 Application :20-TM-76 with standard 14 conditions, 15 per staff approved report and 16 That the front yard setback for parcel 4 shall be 25 :ft in lieu of 20 ft. in order to create a "60 .ft. lot frcntage measured as the front setback line.: Condition 17 - That the structures be single story. Seconded by 'Comm. Koenitzer. • AYES: Cooper, Koenitzer, Woodward, Chairman Adams NOES: None =. . ABSENT: . :Gatto. Motion :carried.;..4-0 The applicant was advised this would be heard by the City Council at their August 16, 1976-"meeting. Comm Koenitzer moved to continue items 1 and 2, CITY. OF CUPERTINO, to the next regular'meeting. Seconded by Comm. .Woodward. Motion carried, 4-0 •