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PC 07-26-76 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JULY 26, 1976, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA " SALUTE TO THE FLAG Chairman Adams called the meeting to order at 7:32 PM with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Koenitzer, Woodward, Chairman Adams Cooper, Gatto Staff present: Assistant Planning Director Cowan Assistant City Engineer Whitten Deputy City Attorney Foster APPROVAL OF MINUTES Minutes of Regular Meeting of July 12, 1976. Moved by Comm. Koenitzer, seconded by Comm. Woodward to approve the Minutes of July l2, 1976, as submitted. Motion carried, 2-0-l Chairman Adams abstained POSTPONEMENTS - None. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS - None. PC-232 Page 1 7/12 Minutes approved PC-232 Page 2 MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING PUBLIC HEARINGS 1. Application 4-V-76 of THOMAS B. MAYBO: VARIANCE request from Section 10.2 of Ordinance No. 575 to permit a reduction in the required front setback area from twenty feet to ten feet from the front property line. Said property is located southerly of and adjacent to Rodrigues Avenue, adjacent to Cupertino City Hall. First Hearing. The Assistant Planning Director located the 0.2 acre lot on the overhead map. ' This lot is 102' deep by 208' wide. The rezoning approval was granted at the last Planning Commission meeting. The variance request is for reduction of the front yard setback from 20' to 10'. The staff felt this request was justified, due to the odd-sized lot which was created when the street was shifted to the north. However, the staff suggested the building be shifted 2.5' to the east to allow the parking of cars on the driveway without over- hanging onto the sidewalk. Comm. Koenitzer said he would prefer to see the structure shifted to the south, into the backyard setback instead to allow more space between the buildings. His rationale was that there is already open space created by the creek channel and its easement. Comm. Woodward noted that this lot is at the curve of the street and wondered what effect this would create. Chairman Adams asked for comments from the applicant and/or audience. Mr. Ron Kemper, the contractor representing Mr. Maybo, stated that most people live in their back yards and, therefore, it was felt the variance should be in the front, allowing more room in the back. Due to the curve in the street, it was felt this variance would not be as apparent as it would on a straight street. The Deputy City Attorney advised Chairman Adams that if the variance request is substantially changed there must be a new variance request. Since there were no further comments from the audience, it was moved by Comm. Koenitzer, seconded by Carom. Woodward, to close the public hearings. Motion carried, 3-0 4-V-76 approved Moved by Comm. Koenizer, seconded by Comm. Woodward to recommend approval of 4-V-76 on the basis that the design of the lot and change of the street plan make it extremely difficult to develop, with the condition that the project be moved 2.5' eastward to permit use of the driveway for parking. AYES: NOES: ~SEm: Comm. Koenitzer, Hoodward, Chairman Adams None Comm. Cooper, Gatto Motion carried, 3-0 MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING PC-232 Page 3 2. Application 12-U-76 of USA PETROLEUM CORPORATION (URICH ENTERPRISES, INC.): USE PERMIT to allow conversion of existing self-serve gasoline station to post pay design. Said property is located at the southeast corner of the intersection of Stevens Creek Blvd. and Blaney Avenue. First Hearing. The Assistant Planning Director located the property, zoned commercial, on the overhead map. This zoning is consistent with the general plan. The staff had two primary concerns with this proposal: l) The request entails the use of a cashier-type operation. The City Council has indicated they do not wish to approve drive-u~ windows in commercial establishments, 2) The cars would be going up on Stevens Creek Blvd. with this plan. The Assistant Planning Director then reviewed two schematic alternatives that were explored by the staff. The problem with a cashier-type operation is that it allows the cars to idle while waiting in line to pay. The Assistant Planning Director stated the applicant would like t defer undergrounding of the utilities and defer consideration of the flag pole existing on the site. These would have to be advertised for public hearing. The staff would like to see the Stevens Creek Blvd. access to this property shifted to the east and at least rudimentary land- scaping installed along the front. Comm. Woodward wanted to know if the Transit District could move their present bus stop, which is dangerous. He would like to see it shifted about 50' to the east. The Assistant City Engineer will take this up with the Transit District. Mr. Robert Malouf, 1633 - 26th Street, Santa Monica, representing the applicant, said they are presently in the process of remodel- ing all 52 of their stations. He said the post-pay system has been remarkably successful. Circulation will be safer and more efficient. They have experienced no stacking problems at their other locations. This is a cash-only operation, with no time- consuming credit card forms to fill out. Their proposal shows 6 cars at the islands and room for 6 at the cashier station. He suggested the staff's alternates I and II were not workable. Comm. Koenitzer was concerned, in the event of another gas crisis there would be undue congestion at the entry on Stevens Creek Blvd. and the exit onto Blaney Avenue. Comm. Woodward's main concern was equity. On the whole, he agree that this type operation is faster. PC-232 Page 4 MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING Mr. Malouf said that it has never happened, but in the event of a fire at the station, one ingress/egress would make it harder to exit the property. He said the company that made the coin pumps is now out of business. Mr. Malouf wanted to discuss Condition l5 recommended by the staff. They feel that there is already a reasonable amount of landscaping. He does not object to the 6-month review, but would rather not have to post a bond. They would be willing to do something to improve tþe appearance of the adjacent vacant lot. He wculd like the Planning Commission's opinion on the status of the flag pole and the undergrounding of the utilities. He answered Comm. Woodward that his company would consider an equitable waiting period for the undergrounding of the utilities. The Assistant City Engineer explained the City and P.G. & E. have a set of projects for undergrounding. The money is not deferred, but the installation is deferred in these cases. As to Condition 22, Comm. Koenitzer said he is opposed to a flag being used for advertising purposes. Ms. Patti Brisco, area resident, said she would like to see a better presentation of this proposal before it is acted upon. Colored slides of the area were then shown of the area. It was noted the 5' sidewalk could meander around the street trees, as has been done in other commercial areas in the City. Moved by Comm. Woodward, seconded by Carom. Koenitzer, to close the public hearing. Motion carried, 3-0 It was decided the flag pole issue should come in as a separate issue; therefore, Condition 22 should be deleted. There was a consensus of the Commissioners present that the additional height of the flag pole should be decided by the City Council. Comm. Woodward believes the applicant's circulation plan is the most efficient. He would like to see the bus stop moved down, in front of the vacant lot. Installation of the landscaping will soften that corner. He feels the present sidewalk width is compatible with that across the street and did not see the need to reduce it to 5'. He would like to widen the funnel of traffic at the westerly apron on Stevens Creek Blvd, Chairman Adams had reservations as to the double curb cuts on Stevens Creek Blvd. He felt the one closest to the intersection should be closed, which would force the stacking of cars away from there. Pictures of the site showed the cars all facing north. He felt it was imperative to move the bus stop to the east. MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING The Assistant City Engineer said the City of Cupertino is to keep the City's sidewalks in repair without additional to the property owner. The City would like to get rid of sidewalk here and would like to have a 5' sidewalk. trying charge the 10' Comm. Koenitzer felt Condition IB needed some criteria. Moved by Comm. Woodward, seconded by Comm. Koenitzer to recommend to the City Council approval of application 12-U-76, subject to standard conditions 1 - 14, Condition IS, 16 as amended, 17, lB as amended, 19, 20, 2l, and deleting 22; also subject to Exhibit A as modified at this meeting, and the westerly curb cut along Stevens Creek Blvd. moved in such a manner as to result in a 12' curb cut starting at the westerly end of the planter. This would entail moving of both driveways to the east.) AYES; NOES: ABSENT : Comm. Koenitzer, Woodward, Chairman Adams None Comm. Cooper, Gatto Motion carried, 3-0 Chairman Adams called a recess at 9:0S PM. The meeting reconvene at 9:lS PM. 3. Application l5-U-76 of SARATOGA FOOTHILLS DEVELOPMENT CORP.: USE PERMIT to allow construction of 34 single-family resi- dential homes in a planned development zone. Said property is located westerly of and adjacent to Bandley Drive, approxi mately 500' northerly of the intersection of Bandley Drive and Alves Drive. First Hearing. The Assistant Planning Director identified the property on the overhead map and explained the proposal for the 4-acre parcel. This property is currently in orchard use. The EIR Committee decided this proposal would not have an impact on the area. While the conceptual plan and general plan have authorized mixed uses, the staff is concerned that individual developments offer little chance for the continuity necessary to ensure compatibilit Another broad issue of land use is raised here as to integration between neighborhoods and school facilities. The staff feels there should not be a patchwork of types of uses. PC-232 Page S 12-U-76 approved PC-232 Page 6 MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING The general plan presently states this entire area could go commercial, industrial, or residential -- or a combination of these uses, as long as the performance standards are met. Comm. Koenitzer said there should be some means of access from the Garden Gate area without having to go down Alves Drive or Valley Green Drive. Comm. Woodward would like to see the marketplace determine the uses of the remainder of the vacant properties along Bandley Drive unless a problem occurs with one of the middle properties wanting to develop before the outside ones do. The staff recommended deletion of two units to allow more open space. Comm. Koenitzer said that with the proposed plan, it is almost a guarantee that this neighborhood will have nothing to do with the existing Garden Gate area, without pedestrian or vehicular access along Bandley Avenue. Comm. Woodward said at the request of people living in the neighborhoods, we have closed 3 or S pedestrian walkways because they are trouble spots. Some bikeway could be incorporated into the plan. He suggested cul-de-sac arrangements rather than the present loop road. Chairman Adams was not in favor of spot residential in industrial areas. Mr. Jerry Lohr, President of Saratoga Foothills, said it has been their understanding that their plan is entirely within the present zoning. As to access to existing Garden Gate, he said the homes designed here are like those on Vista Drive. Their 2- and 3-bedroom, single-story homes are 1,lOO to 1,300 sq. ft. in size. They are designed for couples or singles. They would not like to make it convenient for motorcycles to go through the area. They would like to avoid encouraging the public to go through these private areas. As a third alternate, he would prefer to connect with Garden Gate Drive and Hanford Drive from the loop road rather than have a separate road along the Dr. Brown property. Comm. Koenitzer believes pedestrian access to the Garden Gate area will be necessary. He wondered if two cul-de-sacs would yield the same number of units. Cornm. Woodward said we must make plans for access, Mr. Lohr said he would prefer to come back with another proposal, incorporating the Planning Commission's suggestions. lS-U-76 continued to 8/23 Moved by Corom. Koenitzer, seconded by Comm. Woodward to continue lS-U-76 to August 23, 1976. Motion carried, 3-0 MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING PC-232 Page 7 4. Application 19-TM-76 of MAY INVESTMENT COMPANY; TENTATIVE MAP to subdivide 6.8 acres into 28 single-family cluster residential lots plus one lot to be held in common ownership. Said property is located at the southeast corner of the intersection of Stevens Creek Blvd. and Scenic Blvd. First Hearing. The Assistant Planning Director said the City Council recently approved this cluster plan. One of the problems is Mr. Stocklmei wants to retain a small sliver of land he presently gardens and another sliver of land which contains some trees. As to the matter of fencing, the staff would like to retain a degree of openness. The Assistant City Engineer explained the technique proposed for saving the trees located in areas of land cut and fill, details of which are in the July 22, 1976, staff report. Chairman Adams asked for comments from the audience. Mr. Bert Adams, 22419 Janice Avenue, said he was speaking on behalf of 5 homeowners in the Montebello West subdivision. They are concerned about access for the potential of 60 more cars when these homes are occupied. They believe the closing of access to Stevens Creek Blvd. at Scenic Blvd. is a mistake. They believ the Carmen Road access is more dangerous than Scenic Blvd. He said he was not informed of the public hearings on this matter, and believes homeowners who will be impacted by actions such as these should be notified of the public hearings. He was reminded that this was advertised in the newspapers, but attention will be given to the thought he introduced. Comm, Koenitzer noted that it is physically impossible to turn left onto Stevens Creek Blvd. from Scenic Blvd. without first backing into Mr. Stocklmeir's driveway. Comm. Woodward stated that if we took about 10 existing homes out of there, perhaps another access could be accomplished. Mr. Bert Adams proposed Janice Avenue be cul-de-sac'd so the traffic from this new subdivision could be directed south on Scenic Blvd. to Palm Drive. Mr. Adams feels that if the bluff is graded down and the street widened, that the Stevens Creek Blvd./Scenic Blvd. intersection could be made safe. Mr. J. Rintala, 10101 Scenic Blvd., said he is a 9-year resident in the area. If Scenic Blvd. is blocked off it will restrict the traffic to residents in the area rather than be a shortuut to the dam. They have also had problems with motorcycles. PC-232 Page 8 MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING Mr. Steve Winterfeldt, l02l9 Palo Vista Avenue, agreed with Mr. Rintala's statements. He believes that people who are affected by the closing of streets should be notified. He said he moved to this area from Mary Avenue, but is finding the traffic on Janice is worse. He cited a lack of police protection. Chairman Adams advised the staff to take a look at the possibility of notification methods for people affected by street closures. The City Engineer will take a look at the possibility of traffic stop signs to help slow down the traffic. Mr. Louis Stocklmeir, 22120 Stevens Creek Road, Cupertino, said the proposed east/west cul-de-sacs will connect with his property on the east with a fence between them and easements from his property into the subdivision at the two cul-de-sac points. He pointed out the agreement is 20', not l6' as indicated in the staff reports. He said the Assistant Planning Director has done an excellent job on this. Mr. Stocklmeir has lived on this property for some 75 years. He said it is unfortunate the San Francisco engineer brought Scenic Blvd. into Stevens Creek Blvd. at the very acute angle. He knows of 7 or 8 deaths at this very dangerous area. The proposed plan is very good and will save lives. Ms. Patti Brisco{ 22140 Orchard'Road, Manta Vista (Russellhurst subdivision) put three maps on the bulletin board; one dated 1873 and one dated 19l7. She said we are allowing a higher density in this area than was planned. She said this was all agricultural land in this Spanish land grant. She suggested an extension of the frontage road through Mr. Stocklmeir's property. The Assistant City Engineer pointed out there will be an emergency entrance into Scenic Blvd. for the Central Fire District. Mr. Waltdr Willett, 2239 Janice Avenue, was informed that the City Council will also review this proposal and the public is allowed to give input. Mr. Stocklmeir said everyone is entitled to his own property. He reviewed the history of the property in the area. He said that sometime ago he submitted an engineer's report to the City. He said the east side of the creek is not a part of San Antonio Rancho. Mr. Roger Griffin, of Dick Finegan's Office, stated they would like to make a conventional 2-story home on Lot 28. This will reduce the grading on the parcel. He would also like to clean up some of the parcel lines. He also had some changes to Lots 25, 26 and 27. There will be no fencing on these parcels, but rather there will be open decking. He answered Comm. Koenitzer that there would not be an increase in the overall height of the structure on Lot 28. Ridge lines also remain the same. MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING Mr. Cliff Abel, l0164 Carmen Road, said he received the notice of public hearing of the rezoning. He did not object to the development of this property but he does object to the closing off of Scenic Blvd. It will create additional traffic along his street. He urged everything possible be done to not break off this access at Scenic Blvd. Moved by Comm. Woodward, seconded by Comm. Koenitzer to close the public hearing. Motion carried, 3-0 Chairman Adams summarized this public hearing. The Assistant Planning Director stated there must still be a public hearing for the abandonment of that portion of Scenic Blvd. He read into the record the standard condition regarding fence lines. Chairman Adams asked the staff to consider additional stop signs to alleviate speed of traffic in the area. Comm. Koenitzer acknowledged this new subdivision will create more traffic, just as the other subdivisions have done. Moved by Comm. Koenitzer, seconded by Comm. Woodward to recommend to the City Council approval of application 19-TM-76, with the 14 standard conditions, condition lS as revised to include Exhibit A 1st revision with lots 30 and 31 added, conditions 16 through 19 in the staff report and condition 20 as presented by the staff at this meeting. AYES: NOES; ABSENT: Comm. Koenitzer, Woodward, Chairman Adams None Comm. Cooper, Gatto Motion carried, 3-0 This will be on the August 2, 1976, agenda, ~f the City Council. PC-232 Page 9 19-TM-76 approved PC-232 Page 10 MINUTES OF. THE JULY 26, 1976 CITY COUNCIL MEETING 5. Applications 18-Z-76, l8-TM-76 and 14-U-76 of B.A.S. HOMES, INC.: REZONING approximately l2 acres from P (Planned Development with commercial use intent) to P (Planned Development with single-family, residential use intent) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide 18 acres of which l2 acres will be utilized for 54 single-family lots and one 6-acre lot will remain vacant; USE PERMIT to allow construction of 54 single-family homes. Said property is located easterly and adjacent to North DeAnza Blvd., approximately 1400' northerly of the intersection of DeAnza Blvd. and Stevens Creek Blvd. First Hearing. The Assistant Planning Director reviewed the proposal, as detailed in the July 21, 1976, staff report. This proposal is identical to that for the adjacent property approved some months ago. The staff feels this is a logical continuation of that development. However, it was felt this application should be continued until the EIR is completed for the entire area. The applicant would like some response as to the basic land use concept being proposed. Comm. Koenitzer stated that if we knew the entire property was going to go residential some roads could be laid out. Mr. Dick Cecchi, of MacKay and Somps, said the concept is the same as for the adjacent property. In regard to the north/south street, he said Mr. Mariani is opposed to it. The development on the other side is going to be industrial. B.A.S. Homes is very concerned about protecting the residential from the industrial. They need to proceed with these plans as soon as possible, so this property could be developed along with the residential on the adjacent property. Mr. Paul Mariani reconfirmed Mr. Cecchi's statements. He thanked the staff and the EIR Committee for thinking of his family, so they won't get boxed in with hastily decided streets. He said B.A.S. Homes and the developer to the north feel strongly that the north/south street is detrimental to their developments. Mr. Karl Berg, of Sobrato-Berg, said they are purchasing the 53 remaining acres. They strongly oppose the north/south street. It would be a tremendous handicap and expense. He answered Chairman Adams that the same concepts they have previously done in Cupertino are anticipated for this industrial property. Mariani Avenue and access to tie in with Valley Green Drive are the only accesses they need or want. Comm. Koenitzer said that if there is any way for the industrial traffic to get there without going through the Stevens Creek Blvd./ DeAnza Blvd. intersection it would be a plus. He does not believe going past the school is good planning for the industrial. He would like to see the street go in from Lazaneo. MINUTES OF THE JULY 26, 1976, PLANNING COMMISSION MEETING PC-232 Page 11 Chairman Adams opted to delete the north/south street to e1iminat future traffic flow through the residential. The Assistant City Engineer said that after further study, it is beginning to make more sense to connect Forest and Lazaneo and to Cul-de-sac Mariani Avenue. Mr. Berg said they are asking for a private access along Lucille Avenue to Blaney and over the overpass into Sunnyvale. Mr. Cecchi said these homes will run in the $80,000's. Mr. Berg said a bank and good restaurant are planned for the commercial and the balance of the entire 35 acres will be industrial. They can then get that entire entrance into the City of Cupertino done at one time. The Assistant City Engineer said there will be two traffic signal Mariani/DeAnza Blvd. and Lazaneo/De Anza Blvd. Comm. Koenitzer reminded the Planning Commissioners that the people in that area did not want Forest Avenue to go through. Mr. Sam Berland, President of B.A.S. Homes, said that if he lived in the subdivision and worked in the industrial complex he would prefer to drive to De Anza Blvd. rather than live on or near a major thoroughfare. F.orcing this north/south street through here would just cause problems. He answered Chairman Adams that there has been no transfer of trip ends. Mr. Mariani said the calculations have been made as to the per- formance standards. He confirmed Mr. Berland's statements that the staff did not have the development plans information when they recommended this north/south street. The Assistant City Engineer said these residential areas can be well served if they have access to De Anza Blvd. Mr. Mariani said that if the two developers wish to proceed with this plan, what is to be gained by holding it up? Since he has not seen the trip end figures, Comm. Koenitzer said he would be hesitant to either vote for or against this. Moved by Comm. Woodward, seconded by Comm. Koenitzer, to close the public hearings. Motion carried, 3-0 PC-232 Page 12 18-2-76, approved OK to delete N/S street 18-TM-76, approved l4-U-76 approved MINUTES OF THE JULY 26, 1976, PLANNING COMMISSION MEETING Moved by Comm. Woodward, seconded by Comm. Koenitzer, to recommend to the City Council approval of application 18-2-76 with the l4 standard conditions, conditions lS and l6 as amended. AYES: NOES: ABSENT : Comm. Koenitzer, Woodward, Chairman Adams None Comm. Cooper, Gatto Motion carried, 3-0 MINUTE ORDER: Moved by Comm. Woodward, seconded by Chairman Adams to inform the City Council that the Planning Commission finds the traffic pattern in this development to be consistent with the general plan studies and does not require the north/south connection between Lazaneo and Mariani Avenue. AYES: NOES: ABSENT: Comm. Woodward, Chairman Adams Comm. Koenitzer Comm. Cooper, Gatto Motion carried, 2-1 Moved by Comm. Woodward, seconded by Comm. Koenitzer to recommend to the City Council approval of application l8-TM-76 with the 14 standard conditions and conditions lS through 21 as amended at this meeting. AYES: NOES: ABSENT ; Comm. Woodward, Chairman Adams Comm. Koenitzer Comm. Cooper, Gatto Motion carried, 2-1 Moved by Comm. Woodward, seconded by Comm. Koenitzer to approve application l4-U-76 with the l4 standard conditions, conditions lS, 16, l7, 18, 19 as amended and 20 as amended. AYES: NOES: ABSENT: Comm. Koenitzer, Woodward, Chairman Adams None Comm. Cooper, Gatto Motion carried, 3-0