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PC 05-13-76 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 9S0l4 Telephone: 252-450S PC-227 Page 1 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MAY 13, 1976, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SAWTE TO THE FLAG Chairman Adams called the meeting to order at 7:37PM with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent; Cooper, Koenitzer, Woodward, Chairman Adams Gatto Staff present: Assistant Planning Director Assistant City Engineer Whitten Assistant City Attorney Kilian POSTPONEMENTS: None WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS The Assistant Planning Director stated there was another Midpen- insula Park District item he would like to have heard directly after item 6 under NEW BUSINESS. PUBLIC HEARINGS: l. Applications 12-TM-76 and 3-V-76 of DIVIDEND INDUSTRIES: TENTATIVE MAP to subdivide approximately 1.1 acre into four single-family residential lots; VARIANCE from Section 6.12 and 10, Ordinance 220(n) single-family residential zone to permit a lot to front on a private easement instead of fronting on the narrowest portion of the lot facing a public street, as required by ordinance. Said property is located southerly and adjacent to Stevens Creek Blvd. at the south- westerly intersection of Janice Avenue and Stevens Creek Blvd. First Hearing. The Assistant City Planning Director introduced the project and identified the property on the tentative map. He said the staff recommends approval of the variance, and that the tentative map approval be conditioned subject to abandonment of easements along Bellevue Avenue. PC-227 Page 2 l2-TM-76 approved 3-V-76 approved MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 ¡Since there were no comments from the audience nor the applicant, it was ,moved by Comm. Koenitzer, seconded by Comm. Woodward to close the public 'hearing. Motion carried, 4-0 ¡Moved by Comm.Koenitzer, seconded by Comm. Woodward to recommend to the City Council approval of application l2-TM-76, subject to the 14 standard ¡conditions and conditions 15 through 19 in the staff report. !AYES: Comm. Cooper, Koenitzer, Woodward, Chairman Adams ,NOES: None ¡ABSENT: Comm. Gatto I i I I I :Moved by Comm.Koenitzer, ¡City Council approval of land conditions IS and 16 I !AYES: !NOES: ¡ABSENT : Motion carried, 4-0 seconded by Comm. Cooper, to recommend to the application 3-V-76 with the l4 standard conditions in the staff report. Comm. None Comm. Cooper, Koenitzer, Woodward, Chairman Adams Gatto Motion carried, 4-0 2. Applications ll-Z-76 and l3-TM-76 of C.N.A. DEVELOPMENT, INC.: PREZONING approximately one acre from Santa Clara County R3-2.4 (Residential, multiple, 2,400 sq. ft. per dwelling unit) to City of Cupertino Rl-7.5 (Residential, single-family, 7,SOO sq. ft. per dwelling unit) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to subdivide one parcel containing approximately one acre into four lots. Said property is located westerly and adjacent to Prado Vista Drive approximately 230 feet southerly of the intersection of Stevens Creek Blvd. and Prado Vista Drive. First Hearing. ¡The Assistant Planning Director introduced the proposal and identified I ¡the property on the overhead map. This is Area 26 of the in-filling plan. ¡It is presently zoned for apartments under the County. The applicant is ¡asking for single-family zoning and this is consistent with the General :Plan. He noted that the City normally doesn't want to get involved in Iflag lots but in this case the lot is so large that it will not present fa problem. The staff recommends the approval be conditioned that the ¡developer develop the driveway at the time the street improvements go I ; in. I MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 PC-227 Page 3 Since there were no comments from the applicant nor audience., it was moved by Comm. Woodward, seconded to close the public hearing. members of the by Comm.Cooper ¡ I , I j Motion carried, 4-0 Moved by Comm. Woodward, seconded by Comm. Cooper to recommend to the City Council approval of application ll-Z-76. AYES: NOES; ABSENT : Comm. Cooper, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 Moved by Comm. Woodward, seconded by Comm.Koenitzer to recommend to the City Council approval of application l3-TM-76, subject to the l4 standard conditions and the additional conditions in the staff report. AYES; NOES: ABSENT : Comm. Cooper, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 3. Application 9-U-76 of SHARON WHITE, DONNA FEICHTMANN: USE PERMIT to allow a recreational use (pinball game room) in a CG (General Commercial) zone. Said property is located easterly and adjacent to So. DeAnza Blvd., approximately lOO feet northerly of the intersection of So. DeAnza Blvd.and: Cali Avenue at l0066 So. DeAnza Blvd. First Hearing. The Assistant Planning Director said he has ,redrafted the suggested conditions of approval after discussions with law enforcement officials. These new conditions were distributed to the Commis- sioners at this meeting. The Assistant Planning Director identified the property on the overhead map. He said the primary concern here is probable social problems. But this particular part of town does not have close proximity to residential. In general, the staff's recommendation of this use is because this is the first of this type business in town and the staff would like to have the ability to review this use permit if problems occur. Bike racks should be placed on the property because this type use attracts children. The staff would like to explore the possibility of installation of a bike rack in one parking space in the front. ll-Z-76 approved 13-TM-76 approved PC-227 Page 4 MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 The staff felt the Commission should review the hours of operation with the applicant. The staff recommends adult supervision at all times, although a member of the Sheriff's Department questioned the effectiveness of an lS-year-old adult keeping a l7-year-01d in line. I Sharon White, l0618 Nathanson, Cupertino, and Donna Feichtmann, 7394 ¡Wildflower Way, San Jose, were present to discuss their proposal. IMs. \{hite said they agree completely with the recommended conditions. ¡There is not adequate lighting in the rear parking lot for a bike rack to be placed back there. She said she discussed this proposal at ¡length with the Mountain View Police because they have a similar ¡operation in that city. When it first opens, if it becomes a hangout 'for kids it can be a problem. Her plan is to cater to families. ¡She discussed this proposal with the various businesses in the Orchard ¡Farm shopping center because the Time Zone is located there. Even ¡Earth Impressions, next door to the Time Zone, has not experienced ¡ any problems. Ms. Wh,ite is a former school teacher, and feels she 'and Ms. Feichtmann can handle and deal with any situation that might come up. There is no rear entrance to the 2S' x 16' store they wish to occupy. They think they can only get 16-20 machines inside. Comm. Cooper's concern is the present hazardous parking situation for cars in front of this string of businesses. She believes it would be much safer to install bike racks in the parking lot by the pizza parlor. The Assistant Planning Director described how a raised island occupying one parking space was installed in front of the theater on the main street in Los Gatos and bikes are parked in racks on it. Comm. Woodward suggested using the first 2 parking spaces adjacent to the crosswalk. Ms. White said the parking spaces along here are not marked. The music store closes early; the pizza parlor does not. Comm. Koenitzer would like to see all the parking spaces striped. Comm. Cooper would rather see the bike racks in the open space at the corner, next to the pizza parlor, if the applicant can gain permission. ¡She is opposed to having the bikes park in the street, near the alley. ¡The Assistant City Attorney gave the legal definition of "excessive ,problems". It would be up to this body to determine what is excessive. I ,Ms. White pointed out they are not near schools nor residential. MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 PC-227 Page S Moved by Comm. Koen1tzer, seconded by Comm. Cooper to close the public hearing. Motion carried, 4-0 Chairman Adams said we must keep our young people busy, and he was in favor of anything that provides entertainment or instruction and includes our young people. Moved by Comm. Koenitzer, seconded by Comm. Woodward, to approve application 9-U-76, subject to the 14 standard conditions and conditions IS through 19 in the staff memo, with the modification to condition 16, adding the phrase "one or more". 9-U-76 approved AYES: NOES: ABSENT : Comm. Cooper, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 Comm. Koenitzer noted any change of signs will require H-Control approval. 4. CITY OF CUPERTINO; 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 pro- tection of all trees during construction opèrations. First Hear ing. The Assistant Planning Director explained that Miss Kathleen Kenna a DeAnza College Social Science major, researched this ordinance. He reviewed the April 23rd staff report. He said this ordinance will supersede the one prepared by the Parks and Recreation Com- mission. H-Control reviewed the ordinance and recommended it should apply to all residential except single-family. Carom. Cooper is concerned about lack of interest in preserving healthy, younger orchard trees in our new developments. She said they represent the livel±hood in this entire valley in past generations. Since the life of an orchard tree is somewhat limited, Comm.Koenitzer felt this would present a future expense to the homeowner to have the trees removed as they die. PC-227 Page 6 MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 Other than the Mariani property, Chairman Adams noted there are very few orchards left on vacant residential property, in the City of Cupertino. Comm. Woodward said in the process of developing residential subdivisions it requires movement of dirt for proper drainage, building pads, etc., and this is not good for the existing trees. Comm. Cooper felts orchard trees are discriminated against. She volunteered to draft a paragraph for the ordinance addressing this. Ann Anger, Manta Vista, speaking from experience, said you can kill a fruit tree with love and too much water. There was some discussion about putting an article in the Cupertino Scene soliticing opinions of the citizenry. Comm. Woodward was not in favor of this unless we are prepared to give them all the facts on which to base their judgment. It was felt there could be questions such as: Do you have a fruit tree in your yard? Do you wish you did? Do you know how to adequately care for them? The Commission and the staff went through the ordinance, page by page, and made comments and modifications. On page 5, section 9.1, Camm. Koenitzer would like the City to spell out standards or policy. On page 5, the Assistant City Attorney said in section 8, (c), (d) and (e)' they should be applicable in all cases. Page 6, section 11.1 must be changed, according to the Assistant City Attorney. We need a procedure for enforcing the ordinance. Chairman Adams asked the staff to restudy sections 9.2 and 11.1. Ms. Ann Anger said we must protect our trees! Moved by Carom. Woodward, seconded by Comm. Cooper to continue the Tree Ordinance to June l4, 1976. Motion carried, 4-0 UNFINISHED BUSINESS: 5. Review and recommendation of proposed Historic Preservation Ordinance. The Assistant Planning Director said the purpose of the review of this ordinance at this point is to advise the Parks and Recreation Commission and to give some guidance to Mrs. Toby Kraemer who is working on this document On a consulting basis. MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 PC-227 Page 7 The Assistant Planning Director said the staff feels it is im- portant to have an Historical Element in our General Plan. It was felt the City Council should adopt a policy statement so are not in danger of losing any historical buildings prior to completion of this document. we H-Control is to be advised the Planning Commission is not to make decisions on this ordinance at this time. I I prepared i I I I I I Comm. Cooper would like to invite Parks and Recreation Commission to a Planning Commission meeting, at which time this ordinance can be discussed in depth. She then put this in the form of a motion, which was seconded by Comm. Woodward. Motion carried, 4-0 I I I NE.;; BUSINESS: I I I 6. 2-GPC-76 of Midpeninsula Regional Park District: Determination as to general plan consistency of future open space acqui- sition by the Midpeninsula Regional Park District - 392 acres north of Saratoga Gap Open Space Preserve, south of Upper Stevens Creek Park. It was noted this property is outside the 1964 General Plan boundary, although it is presently within our urban service area. Comm. Woodward felt that since the Hillside Element has not been approved by the City Council at this point, the Planning Commission should hold off taking any actions on this application. i ! Ann Anger said she has been studying this property, both City of Cupertino and the Board of Supervisors meetings. the Midpeninsula Regional Park District has the power of nation -- and they will get it. in the I She said I condem- I According to the City Attorney, we l1ave 40 days in which to respond to this proposal. This application is in conformance with the Commission's proposal presented to the City Council, which has not yet been adopted. Mrs. Nancy Hertert suggested the Commission make a this is not contrary to the adopted General Plan. property is 'way up on Skyline Blvd. finding that She said this Invite P&R Comm to discuss Historical Element PC-227 Page 8 Letter to go to MPRPD 6-mo. e:sten. for 24-TM-76 MINUTES OF THE ADJOURNED PLANNING COMMISSION MEETING, May 13, 1976 It was noted the District is proposing to purchase a strip between upper and lower Stevens Creek. Moved by Comm. Woodward, seconded by Comm. Koenitzer to send a letter to the Midpeninsula Park District indicating the feelings of the Planning Commission as to this property, since the Hillside Element has not yet been passed. Motion carried, 4-0 7. Request for 6-month extension of time for tentative map 24-TM-74 Home Federal Savings and Loan Association. This property is where Cupertino Hardware Company was located for many years. The development is progressing, but they need an additional 6 months. Carom. Cooper would have preferred to open up the discussion on access. After discussion, it was moved by Comm. Woodward, seconded by Comm. Koenitzer to grant a 6-month extension for 24-TM-74. AYES: NOES: SENT: Comm. Cooper, Koenitzer, Woodward, Chairman Adams None Comm. Gatto Motion carried, 4-0 PORT OF PLANNING COMMISSION Chairman Adams reported about the budget discussions, library book sale, and July 31st McClellan Ranch Day at his May 6th meeting with the Council. Comm. Cooper attended the PPC meeting. Chairman Adams will be the alternate. REPORT OF PLANNING DIRECTOR 8. Request for comments concerning utilization of cable TV system. There was a very brief discussion of John Vaughn's letter, but no decision de. ADJOURNMENT Chairman Adams adjourned this meeting at 9:55PM. , , ...... /