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PC 05-10-76 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 MAY 10, 1976, IN THE COUNCIL Cllil~BER, 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. ROLLCALL COIllll1. present: Comm. absent: Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None S'taff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Engineer Whitten Assistant City Attorney Kilian APPROVAL OF MINUTES Minutes of Regular Meeting of April 26, 1976: Page II, paragraph 2, line 2: Change "east" to "west". Moved by Comm. Gatto, seconded by Comm. Koenitzer to approve the Minutes of April 26, 1976, as amended. Motion carried, 5-0 POSTPONEMENTS & WITHDRAWALS: Per the request of the applicant, it was moved by Comm. Gatto, seconded by Comm. Woodward to continue applications ll-TM-76 and I-V-76 (Merrick) to May 24, 1976. Motion carried, 5-0 Per the request of the staff, Chairman Adams withdrew application 2-V-76 from this agenda for the purpose of readvertisement. i PC-226 Page 1 4/26/76 Minute, approved as amend ed ll-TM-76 and I-V-76 cont'd to 5/24 2-V-76 withdra, PC-226 Page 2 MINUTES OF THE ~AY 10, 1976 PLANNING COMMISSION MEETING WRITTEN CO~roNICATIONS The Director of Planning and Development stated that all written communications concerned items on the agenda and would be introduced at the time of the public hearings. ORAL COMMUNICATIONS - None. PUBLIC HEARINGS 1. Application 10-Z-76 of MAY INVESTMENT COMPANY: REZONING 6.48 acres from Rl-lO (Residential, single-family, 10,000 sq. ft. per dwelling unit) to RlC (Residential, single-family, cluster development in- volving 28 dwellings) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located southerly of Stevens Creek Blvd. and easterly of Scenic Blvd. at the southeast corner of the intersection of Stevens Creek Blvd. and Scenic Blvd. First Hearing. The Assistant Planning Director introduced the hearing by identifying the property on the map, showing colored slides of the terrain, and referring to details in the May 7,1976 staff report. Mr. Stocklmeir is the owner of 11 acres, 7 of which are involved in this application. The City has adopted a land use policy for this particular environment to protect the natural creek. There is some question as to the legal status of semi-improved Scenic Blvd. The 7 acres proposed for develop- ment at this time are outside the flood plain. The staff's recommendations are to terminate Scenic Blvd. as it inter- sects Stevens Creek Blvd. and allow all traffic to filter through the existing residential streets emptying onto Stevens Creek Blvd. at Janice Lane or Carmen Drive or to McClellan Road via Mira Vista. This develop- ment will generate 220 trips. For comparison, Blaney Avenue carries over 2000 trips, based on the City's formula of measuring peak hour traffic. Another issue to be explored in relation to this property is the definition of the 100-year flood. The Assistant City Engineer answered Comm. Koenitzer that the existing bridge was used in conjunction with the studies. Comm. Koenitzer's concern is that the bridge could act as a dam and back up the water behind it. The Assistant Planning Director said the City Council is in the process of discussing possible reduction of the standard 60' street width. There will be some grading and the proposed fill bank will be land- scaped with indigenous plants. MINUTES OF THE }I.AY 10, 1976 PLANNING COMMISSION MEETING PC-226 Page 3 The staff recommended deletion of unit l4 of the Planned Develop- ment to make the project more compatible with the existing neighborhood. Mr. Stocklmeir would like to retain a certain portion of the Planned Development property because the line goes through one of his buildings and through a portion of his gardens. The City would like some kind of legal document as insurance that these parcels would not be developed. Comm. Gatto noted that the staff was also interested in rezoning a portion of the property from Rl-10 to Agriculture. The Assistant City Engineer said the staff was recommending a standard 4.5' sidewalk along the easterly side of the streets and curb and gutter on both sides. Comm. Woodward suggested a retaining wall might be necessary where the 12" fill takes place. The Assistant City Engineer said there will be a full soils report. He said that properly com- pacted fill is more stable than the actual ground. Mr. Roger Griffin, of Dick Finegan's Office, explained the PD in detail. They are following the contours of the property with the placement of the split level homes. The parking ratio is 5:1. The road width varies from 27' to 32'. He said that in orde to place the sidewalk on the side the staff is requesting, it will require narrowing of the road. Every effort has been made to preserve the existing, mature trees and the view. Mr. Griffin reviewed the elevations for the single level, the two story and the homes with lofts. They range from l800 sq. ft. to 2200 sq. ft. There will be recreation facilities and a pool. They have made a sound study and the db level at Stevens Creek Blvd. will be below the maximum allowable. Mr. Griffin answered Corom. Cooper that there will be fencing around each home; a privacy fence between the units and low-level fencing around the open space areas. There will be a wrought iron fence around the pool. Carom. Cooper was concerned that the sidewalk could lead to nowhere The Assistant Planning Director said that if this sidewalk is approved it will then also be a requirement if the other adjacent lots are developed. Carom. Koenitzer asked if there will be a problem of access to the Stocklmeir property when Stevens Creek Blvd. is widened. The Assistant City Planning Director said the existing driveway will have to be provided for. PC-226 Page 4 MINUTES OF THE MAY 10, 1976 PLANNING COMMISSION MEETING Comm. Woodward was concerned about protecting the view corridors when the developer is proposing 6' high fences. Mr. Griffin said the view corridors are in between the groupings of homes. Mr. Griffin said he was in agreement with all of the staff's condition recommendations with the exception of elimination of Unit 14. He noted they are already 4 below the maximum allowable number of units. Comm. Koenitzer noted the lots across the street are higher elevation so the view would not be obstructed. Mr. Martin Hall, of May Investment Company, said the project will be named "Cupertino Meadows" and the street names are "Stocklmeir Drive" and "Louis Drive", after Mr. Stocklmeir I s son. He noted that this proposal represents almost seven months of work. Chairman Adams asked for comments from the audience. Mr. Louis Corso stated he lives on Scenic Blvd., l/4 block from this development. He was concerned about who would be responsible for the street improvements. He was informed that this is the developer's responsibility. Mr. Willett, of Janice Avenue, said he lives in the Ditz-Crane develop- ment and is concerned about the increase in traffic, which he believes is already critical. Moved by Comm. Gatto, seconded by Comm. Woodward to close the public hearing. This motion and second were withdrawn when other members of the audience indicated they wished to speak. Mr. Dave Mobrae, 10001 Carmen Road, is also concerned about the increased traffic on his street. Sandra Himes, 10230 Scenic Blvd. is opposed to the sidewalks because of the present rural atmosphere of the area and because so much of the vegetation will have to go. Moved by Comm. Gatto, seconded by Comm. Woodward to close the public hearing. Motion carried, 5-0 Comm. Cooper is concerned about the traffic projections for Mira Vista. Moved by Comm. Koenitzer to recommend to the City Council approval of application 10-Z-76 per the staff recommendations, with modification of Condition 16 to delete the first sentence and changing "24" to "30" in Condition 21 (a). There was no second to this motion. MINUTES OF THE MAY 10, 1976 PLANNING COMMISS ION MEETING Carom. Cooper is in favor of deletion of Unit l4. She was opposed to the fence lines for units 15 and 6. She would like to see a reduction of width of street and sidewalk. She would rather see a striped bike path than put in a sidewalk that will never lead to anywhere. She would like to preserve the unique character of the area. Carom. Gatto was in favor of elimination of the sidewalks. Good engineering should dictate the width and location of the street. He was in favor of leaving in Unit 14. ' Carom. Koenitzer said sidewalks help prevent accidents involving children. He felt there would be a future need for the sidewalks. Carom. Woodward would like to see sidewalk access to Stevens Creek. This gives the kids a chance to get off the street with their wheel toys, etc. He does not object to leaving in Unit 14. He said that wherever possible, the fence lines should be truncated to expose as much as possible of the view corridors. The Assistant City Engineer explained that parking would have to be eliminated along Scenic Blvd. if there are to be marked bike lanes. Moved by Comm. Cooper, seconded by Comm. Gatto to include Condition 23, stating there shall be no sidewalks along Scenic Blvd. nor the cul-de-sacs. AYES: NOES: Comm. Coppe;, ,Gatto, Chairman Adams Comm. Koenitzer, Woodward Motion carried, 3-2 Moved by Comm. Koenitzer, seconded by Comm. Woodward, to recommend to the City Council approval of application lO-Z-76 per the staff recommendations, with the modification of Condition 16 to delete the first sentence and changing "24" to "30" in Condition 2l(a) , and the addition of Condition 23. AYES: NOES: Comm. Cooper, Gatto ,Koenitzer, Woodward, Chairman Adams None Motion carried, 5-0 Mr. Griffin noted that Mr. Stocklmeir has not yet agreed to development rights on that sliver of property he wishes to retain. It was noted the Fire District has reviewed the project and has registered no objections. PC-226 Page 5 Cond. 23= no sidewalks 10-Z-76 approved w/modif ications PC-226 Page 6 MINUTES OF THE MAY 10, 1976 PLANNING COMMISSION }ŒETING 2. Application 7-U-76 of VALLCO PARK, LTD.: USE PERMIT approving a master use permit to allow various land uses requiring a use permit as set forth in Section 95 in the General Commercial zoning ordinance. Said uses will be located in the Vall co Fashion Park Regional Shopping Center mall located adjacent to and westerly of Wolfe Road. First Hearing. The Planning Director reviewed the proposal. There was some discussion regarding Conditions 16 and 17. It was being proposed that the southeast portion of the mall have exterior access so they can function indepen- dently of the mall. I. Magnin's will be located between Bullock's and Wolfe Road. Mr. Walter Ward, Vallco Park General Manager, stated a toy shop and a McDonald's Restaurant with no drive-up window are being proposed for the southeast portion of the mall. Their position is, in regional shopping centers there are certain services that stay open 24 hours a day, or later than most businesses, and need exterior access. This reduces the security needs and energy is conserved because the air conditioning stays on in only these localized areas. Mr. Ward said : they agree to condition 17 but asked that condition'16 be modified. Architect Ralph Butterfield" of Wurster, Bernardi & Emmons, pointed out On the drawings the entrances to the mall and types of uses envisioned. He said they have very strict design criteria to maintain continuity of the skin of the entire mall. Comm. Koenitzer asked how the proposed exterior stairway integrates 'with the pedestrian and automobile movement. Mr. Butterfield said 'it does not interfere. Mr. Mike Emmert, Regional Real Estate Manager for McDonald's Restaurants, stated this proposal is very similar to the mall design. The design ¡will focus around a flower cart in the center of the restaurant. They are using heavy wood, hanging plants, etc. Many of their customers will'" be employees of the mall, who will not have to get into their cars to drive to a restaurant. Some will eat there, and others will take their food with them. He described their operation at Del Amo Mall in Torrance and The Water Tower, 6th floor, in Chicago. !Comm. Gatto asked what type market they envision and where they would ,park. Mr. Emmert said all customers to the mall are potential McDonald's customers. If they came specifically to the restaurant they could park by Sears or underneath the mall and walk up the stairs. They would like ,entrance from the mall as well as from the exterior, but they feel they ,could function with access only from the exterior. Mr. Ward said they would like Condition 16 changed to allow exterior ;access, subject to H-Control~ for McDonald's and a toy store. MINUTES OF THE MAY 10, 1976 PLANNU¡G COMMISSION MEETING Comm. Cooper asked how many exterior accesses they foresee. Mr. Ward said they only foresee these two, possibly one by Sears and possibly one by Bullocks for Phase I. There was some discussion about signing. Mr. Ward agreed to Section 95.1. Comm. Cooper said her idea of a regional shopping center was to orient everything toward the interior of the mall. Comm. Koenitzer said at no time during the extensive hearings of this shopping center was the question of additional exterior ~ntrances introduced. He would object to them and to the extra signs. Comm. Gatto said it was impossible at the time of the granting of thecoverall use permit to know all the accesses. Most regional centers have exterior expression for other than the major uses. The developer of the center should be allowed that ability. It was his opinion that the main question was whether it added or detracted from the total look of the mall. Comm. Woodward said one of the major concerns he had to grapple with here is the rush-in/rush-out type traffic. If MèDonald's survives well on the second or sixth floor of a building they can survive if access is gained only from the interior of the mall. A second set of main doors could be added to allow access to a few stores from the interior. Mr. Ward answered Chairman Adams that about 90% of the mall is committed. He said there are live trees in the mall and they would like a chance to cool them down at night. He said they believe the suggested gates or doors are ugly and would not fit in well with their plans. Mr. Sheldon Gordon, Co-developer of Vallco Fashion Park, said the entire pattern of the retail sales has changed as it relates to shopping centers. Stores are now much shallower; consequently, they have had to make some changes. The stairway has been added for the convenience of the customers without making too much use of the Sears east parking lot. For the King Norman's Toy Store, the windows to the east would remain the same as originally proposed. They will be see-through rather than show windows. Along the south side the additional windows would look into the toy store, which should be a happy experience. , PC-226 Page 7 PC-226 Page 8 HINUTES OF THE MAY 10, 1976 PLANNING COMMISSION MEETING Chairman Adams cautioned the Commission would like to insure proper functional integration with the remainder of the mall be limiting the exterior accesses. He had no objection to the entrance at the corner near Wolfe Road. However, he questioned the need for the extra one at the northwest corner. Comm. Woodward said he would not agree to delegating the decision on exterior entrances to the H-Control Committee. Secondly, he said we "beat the trip end factor to death" when this center was approved. During months of discussions with the developers, these entrances were never brought up. Mr. Ward said the DeLeuw Cather Traffic Report took fast-food operations into consideration in their analysis and for the EIR. Moved by Comm. Gatto, seconded by Comm. Cooper to close the public hearings. Motion carried, 5-0 Moved by Comm. Gatto to approve application 7-U-76 with the 14 standard conditions, conditions 15, l7, 18 and 19 in the staff memo. This motion 'died for lack of a second. 7-U-76 approved 'Moved by Comm. Cooper, seconded by Comm. Koenitzer to approve revised application 7-U-76 with the 14 standard conditions and conditions 15 'through 19 as enumerated in the staff report. ,AYES: ¡NOES: Comm. Cooper, Koenitzer, Woodward, Chairman Adams Comm. Gatto Motion carried, 4-1 Everything after Due to the late hour, it was moved by Comm. Woodward, seconded by Agenda Item 3 Comm. Koenitzer to continue everything on the agenda following Item 3 cont'd to' to Thursday, May 13,1976, at 7:30 PM. May 13th. Motion carried, 5-0 Chairman Adams called a recess at ll:OOPM The meeting reconvened at ,11 ;lOPM. MINUTES OF THE MAY 10, 1976 PLANNING COMMISSION MEETING PC-226 Page 9 3. Applications 9-Z-76, 10-TM-76 and 6-U-76 of B.A.S. HOMES (Miner property): REZONING 8.6 acres from Rl-lO (Residential, single family, 10,000 sq. ft. per dwelling unit) and R3-2.2 (Resi- dential, multiple, 2,200 sq. ft. per dwelling unit) 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 8.6 acres into 39 single-family lots; USE PERMIT to allow construction of 39 single-family homes. Said property is located easterly and adjacent to No. DeAnza Blvd., approximately 625 feet northerly of the intersection of Stevens Creek Blvd., and No. DeAnza Blvd. First Hearing continued. The Planning Director reviewed the staff report of May 7,1976. The issues here are: the 30' travelled way, varying lot sizes, and the SO' buffer area along DeAnza Blvd. He suggested that an open space maintenance district should be established upon filing of the final map. Comm. Koenitzer asked the staff to check with the City of Milpitas as to their opinion of narrow streets since they have had such a development for a number of years. Comm. Cooper asked if any specimen trees fall within the roadways or structures locations. This will be checked. It was brought out that the Donut Wheel sets right in line with the extension of Lazaneo Drive. Mr. Wheel's attorney and the three property owners involved will have discussions on how to solve this problem. The Assistant City Engineer wanted to add another conditions relating to the proportionate contribution to the cost of under- grounding of the power lines along the west side of DeAnza Blvd. Chairman Adams would like a copy of the Marie Calendar conditions given to H-Control for reference when they review this application: Mr. Dick Checkey, of McKay & Somps, said there is a row of walnut ' trees in the DeAnza Blvd. widening area so they will have to be removed. The prune trees will be removed. There is a stand of eucalyptus near the auto repair shop that will go. There is a large pine and some citrus that can be saved. Mr. Don Miner said these are apricot, not prune trees, and they were planted in 1910. There are old pepper trees on the property.' The eucalyptus have been cut and trimmed and are ready to be cut again -- they are a fire hazard. All but one of the citrus trees are diseased. The pine is a volunteer. The remainder of the vegetation consists of overgrown shrubs. PC-226 Page 10 MINUTES OF THE MAY 10, 1976 PLANNING COMMISSION MEETING Colored slides were shown of a development in Fremont with 30' streets. Carom. Cooper would like Some provision made for preservation of those ,trees that can be saved. Mr. Checkey said in item 16 of the tentative map, he has to know the thinking of the Planning Commissioners in regard to the setback of the buildings. He would like to maintain 90' between structures and 20' driveways. This allows flexibility. In lieu of all the dedications, tacking on landscaping is really a big burden to place on the developer. He said the benefit of the parkway is for all the citizens of Cupertino and should not have to be paid for by only these homeowners. He believes the parkway should be done all at once rather than individually. ,Comm. Gatto said it was established that everything in front of the ,meandering walkway would be maintained by the City and everything behind it would be maintained by the property owners. He would like to know what this is going to cost the City. In view of the tight City budget, the Assistant City Engineer said the personnel maintenance of the parks is being lowered. Mr. Sam Berland, President of B.A.S. HmmS, contended it was not fair for the City to burden this developer with the buffer strip in addition to the park fees, contribution for future traffic signal and under- grounding of utilities. He asked for deletion of Condition 16 under 9-2-76 and Conditions 19 and 20 under 10-TM-76. Comm. Koenitzer would like a City policy to be set before we start changing street widths. He would rather pass a variance to lessen rear yards than side yards. Since there were no more comments from the audience" it was moved by Comm. Gatto, seconded by Carom. Cooper to close the public hearing. Motion carried, 5-0 9-2-76 approved Moved by Comm. Gatto, seconded by Comm. Cooper to approve 9-2-76, subject to the conditions in the staff report. AYES: NOES: Comm. Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Motion carried, 5-0 MINUTES OF THE MAY 10, 1976 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Woodward to approve 6-U-76, subject to the 19 conditions enumerated in the staff report with 18 and 19 modified and the addition of condition 20 regarding maintenance of the 20' front setback. AYES: NOES: Comm. Cooper, Gatto, Woodward, Chairman Adams Comm. Koenitzer Motion carried, 4-1 MINUTE ORDER: Moved by Comm. Gatto, seconded by Comm. Cooper to ask the City Council for a policy on maintenance district participation. Motion carried, 5-0 MINUTE ORDER: Moved by Comm. Gatto, seconded by Comm. Cooper to ask that the extension of Lazaneo to DeAnza Blvd. be expedited. Motion carried, 5-0 MINUTE ORDER: Moved by Comm. Gatto, seconded by Comm. Woodward to ask the City Council to authorize the Director of Planning and Development to initiate a public hearing to consider a change of zone involving approximately 6.5 acres from Rl-10 to A-Agriculture, or whatever zone may be deemed appropriate by the Planning Commission. Said property is located adjacent to and southerly of Stevens Creek Blvd. and westerly of Stevens Creek (stream). Motion carried, 5-0 ADJOURNMENT Chairman Adams adjourned this meeting at 12:36 PM to 7:30 PM on May 13, 1976. APPROVED: ATTEST: h wm. E. R er. City Clerk PC-226 Page 11 6-U-76 approved Maint. Dist. participation policy req. Expedite ext. of: Lazaneo , , j Req. initiation I of change of zone. I I I I i I