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PC 04-26-76 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 APRIL 26, 1976, IN THE COUNCIL Cfu\MBER, CITY HALL CUPERTINO, CALIYORNIA SALUTE TO THE FLAG Chairman Gatto opened the meeting at 7:36 PM with the Salute to the Flag. INSTALLATION OF PLANNING COMMISSIONERS Deputy City Clerk Ellen Pagnini administered the Oath of Office to Planning Commissioners Cooper and Koenitzer. ELECTION OF CHAIRMAN AND VICE CHAI~AN Moved by Comm. Cooper, seconded by Comm. Woodward to nominate CuiUw. Adams for C~airman of the Planning Commission. Comm. Koenitzer moved the nominations be closed. AYES: Comm. Cooper, Koenitzer, Woodward, Chairman Gatto NOES; None ABSTAINED: Comm. Adams Motion carried, 4-0-1 Chairman Adams assumed the Chair. Moved by Comm. Woodward, seconded by Carom. Gatto to nominate Comm. Cooper as Vice Chairman. Comm. Koenitzer moved the nominations be closed. AYES: Carom. Gatto, Koenitzer, Woodward, Chairman Adams NOES: None ABSTAINED; Carom. Cooper Motion carried, 4-0-1 Chairman Adams stated that he would like the cut-off time for the initation of any new public hearings to be set at 11:00 PM from now on. PC-225 Page 1 Comm. Adams is new Chairman Comm. CooDer is new Vice-Chairma Pub1 ic Hear ing cut-off time is now 11 PM PC-225 Page 2 Apr l2th Min. approved 8-Z-76 and 8-TM-76 cont'd to May 24th 10-Z-76 cant' d to May lOth 7-U-76 cont'd to May lOth MINUTES OF. THE APRIL 26, 1976 PLANNING COMMISSION MEETING ROLL CALL Comm. present; Comm. absent: Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian Deputy City Clerk Ellen Pagnini Planning Consultant Toby Kraemer APPROVAL OF MINUTES Minutes of Regular Meeting of April 12, 1976. Moved by Comm. Gatto, seconded by Comm. Woodward to approve the Minutes of April l2, 1976, as recorded. Motion carried, 4-0-l Comm. Koenitzer abstained. ¡POSTPONEMENTS i !As recommended by the staff, it was moved by Comm. Gatto, seconded by Comm. Woodward to postpone application 8-Z-76 and 8-TM-76, listed under Agenda Item l, to May 24, 1976. Motion carried, 5-0 I ¡As recommended iComm. Woodward lItem 2, to May I I !per the request of Mr. Burrel Leonard, representing ¡moved by Comm. Woodward, seconded by Comm. Gat to to 7-U-76 to May 10, 1976. by the staff, it was moved by Comm. Gatto, seconded by to postpone application lO-Z-76, listed under Agenda 10, 1976. Motion carried, 5-0 Vallco Park, it was postpone application Motion carried, 5-0 MINUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None PUBLIC HEARINGS. 1. Applications 8-Z-76 and 8-TM-76 of NOORUDIN A. BILLAWALA; REZONING 6.56 acres from Rl-lO (Residential, single-family, 10,000 sq. ft. per dwelling unit) and Al-43 (Agricultural- Residential, single-family, l-acre lot) to Rl-30 (Residential single-family, 30,000 sq. ft. per dwelling unit); 9.32 acres from Rl-10 and Al-43 to Rl-40 (Residential, single-family, 40,000 sq. ft. per dwelling unit); 7.10 acres from Rl-lO and Al-43 to Rl-60 (Residential, single-family, 60,000 sq, ft. pe dwelling unit); and 4.20 acres from Al-43 to Rl-lEO (Residen- tial, single-family, l60,000 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Com- mission, totaling 27.l8 acres; TENTATIVE MAP to subdivide 27.18 acres into seventeen (17) single-family residential lot Said property is located westerly of Rainbow Drive and south- easterly of Regnart Road. First Hearing continued. CONTINUED TO MAY 24th. 2. Application lO-Z-76 of ~AY INVESTMENT COMPL~Y: REZONING 6.48 acres from Rl-lO (Residential, single-family, 10,000 sq. ft. per dwelling unit) to RlC (Residential, single-family, cluste development involving 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. CONTINUED TO MAY lOth. 3. Applications 5-U-76 and 9-TM-76 of UNITED AUTO PARTS: USE PERMIT to allow auto shop use in an existing CG (General Com- mercial) zone; TENTATIVE MAP to combine two parcels into one parcel. Said property is located northerly and adjacent to Stevens Creek Blvd., approximately 500 feet easterly of the intersection of Stevens Creek Blvd. and North De Anza Blvd. First Hearing. The Assistant Planning Director located the property on the overhe d map and apprised the Commission of the expired use 'permit for a machine shop. PC-225 Page 3 8-Z-76 and 8-TM-76 cant' d to May 24th 10-Z-76 cont'd to ~ay '10th PC-225 Page 4 MINUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING The staff's concerns are that this type use would be more appropriate in manufacturing Zones than commercial zones. In addition to the aesthetic impact, noise and proper disposal of waste products resulting from machining processes and disposal of oil must be considered. The original use permit was approved at a time when the site was surrounded by vacant lands. The Assistant Planning Director next reviewed the revised plan mended by the staff which incorporates additional landscaping. plan indicates 3 less parking spaces than that proposed by the recom- This applicant. Chairman Adams introduced discussion of the traffic pattern on the site. Comm. Gatto was in favor of a clockwise movement of the traffic to bring the customers closer to the front door and discourage curb parking directly in front of the front door. Comm. Woodward was more in favor of counter-clockwise traffic movement on the site to minimize accident hazard. Drivers in this country naturally stay to the right side. Chairman Adams asked for comments from the audience. Mr. Louis Paviso, long-time Cupertino resident and businessman, stated that even though this use presents competition to him he is in favor of the proposal. He said a machine shop does not make objectionable noise for the neighbors. Mr. Dick Jones, Cupertino resident, said he is one of the owners of this business. He said this is not a repair shop but is strictly a machine shop. The reason for the parking lot is for the convenience of the customers, particularly on the weekend. They intend to beautify the area. He said separate ingress and egress would be much better than the combined ingress/egress recommended by the staff. The Assistant Planning Director said the fewer curb cuts the more opportunity for landscaping. He also called attention to the policy adopted that curb cuts should be minimized wherever possible. Comm. Cooper asked the hours of operation. Mr. Jones said they presently are open from 8 AM to 9 PM, and propose the machine shop Inll be open from 8 AM to 5 or 5:30 PM. It will be entirely inside the building. Chairman Adams asked how Use Permit condition 3 would be handled. The Assistant Planning Director said there should be some kind of grease trap. Mr. Jones stated that the suppliers bringing in their products will also take away the waste products. After discussion, Condition 17 was modified to read: "That the applicant shall appear before the Architectural and Site Approval Committee for the purpose of review and adoption of a comprehensive sign program for the entire site. Condition 15, requiring one curb cut on Stevens Creek Blvd., was eliminated. MINUTES OF THE APRIL 26, 1976 P~~ING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Cooper to close the public hear ing . Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Cooper to approve applica- tion 5-U-76 as recommended by the staff with the exception that the words "if the auto parts use is to be vacated" were to be incorporated into Condition 5. AYES: NOES: Carom. Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Motion carried, 5-0 The tentative map was discussed further. Comm. Cooper would like to see the parking lot striping moved slightly north to allow better maneuvering and to have one curb cut. After further dis- cussion, it was decided to delete Condition 15 entirely with the understanding that the application must meet with the approval of the staff. Moved by Corom. Gatto, seconded by Comm. Cooper to approve applica- tion 9-TM-76, subject to the 14 standard conditions, condition l6, 17 as modified and 18 in the staff report. AYES: NOES: Comm. Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Motion carried, 5-0 The applicant was apprised of the hearing before the City Council of the tentative map on May 3, 1976. 4. Application 7-U-76 of VALLCO PARK, LTD.: USE PERMIT approvin a master use permit to allow various land uses requiring a use permit as set forth in Section 95 in the General Commerci zoning ordinance. Said uses will be located in the Va1lco Fashion Park Regional Shopping Center mall located adjacent t and westerly of Wolfe Road. First Hearing. CONTINUED TO MAY 10th. PC-225 Page 5 5-U-76 approved 9-TM-76 approved 7-U-76 cont'd May lOth PC-225 Page 6 MINUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING 5. 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 RJ-2.2 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 construc- tion of 39 single-family homes. Said property is located easterly and adjacent to No. De Anza Blvd., approximately 625 feet northerly of the intersection of Stevens Creek Blvd. and No. De Anza Blvd. First Hearing. The Planning Director stated the staff is not ready at this point to make a recommendation on this proposal and asked that it be continued to the next regular meeting. He reviewed the planned development, pointing out the overall concept of averaging lot sizes, the 36' interior streets as opposed to typical 60', the installation and maintenance of the 50' buffer strip along North De Anza Blvd., and the extension of Lazaneo Drive to North De Anza Blvd. The Assistant City Engineer stated the idea of 30', curb-to-curb and 5' sidewalk on one side is to cut cost and to cut speed. Mr. Dick Cecchi of MacKay & Somps said he was representing B.A.S. Homes. They have worked with Chappel Industries for many years. He said Cupertino has the need for conventional, single-family homes. He noted the landscaped buffer takes a substantial amount of the property. In addition, there will be landscaping costs, park fees and signalization of Lazaneo/No. De Anza Blvd. The homes will cost $76 to $92,000. They are proposing a 30' curb-to-curb, paved area with parking on both sides. There is no need for 2 sidewalks; they are proposing a 5' monolithic sidewalk to provide access to Lazaneo. The average lot size is 7500 sq. ft. Comm. Koenitzer said he is concerned about the total street width; it is probably too narrow for the proposed use. Colored slides were shown of the types of homes proposed for this property. Mr. Sam Gerland, BAS HOMES President, pointed out the more rural look with sidewalks eliminated in deference to more green area. Mr. Louis Paviso, Cupertino, stated he objected proposed 42' parkway along North De Anza Blvd. could be used to widen the cul-de-sac roads. to the City taking the He said this property Moved by Comm. Cooper, seconded by Comm. Koenitzer to continue application 9-Z-76, lO-TM-76 and 6-U-76 to May 10, 1976. The Planning Director asked for direction on the lot averaging. MINUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING Carom. Gatto thought lot-size averaging was a good idea. Corom. Woodward said we will have to establish whether or not we are looking at 10-12 feet between homes or 4-6 feet between overhangs. Comm. Koenitzer cited problems with off-site parking with these narrow cul-de-sacs. The Planning Director acknowledged there are no restrictions on recreation vehicles because in some cases, this is the IIfamily car". Chairman Adams raised the question of whether or not there should be a fence between this property and the Catholic Church. Motion carried, 5-0 6. Applications ll-TM-76 and l-V-76 of ROBERT G. MERRICK AND LETHA M. MERRICK; TENTATIVE ~AP to combine two parcels into one parcel; VARIANCE to Ordinance 686 to extend height of fence from eight feet to ten feet. Said property is located easterly and adjacent to Hillcrest Road approximately 350 fee northerly of the intersection of Hillcrest Road and Crescent Road. First Hearing. The"Assistant Planning Director located the property on the map. The first request is for approval of erradicating the line, making this property 1/2 acre or 20,000 sq. ft. in accordance with the General Plan. The second request is for approval of a variance to allow an increase in fence height to allow a chain link fence at either end of a tennis court. The City Council is concerned about privacy, shadow lines, etc. There is also the matter of street improvements to be considered. The staff recommends a condition relating to night lighting; however, Mr. Merrick requested this condition be deleted. He has spoken with his immediate neighbors and they are not concerned about it. Attorney S. M. Durham, 3060 Broadway, Redwood City, representing the property owner across the street from this property, asked tha consideration of this proposal be deferred until a building permit is requested. Their primary concern is their view of the Valley. The placement of the home on the lot is critical. Mr. Bob Merrick said he has not begun any building plans because he first wants to find out whether or not they will be allowed the tennis court. He said they probably will go up in the other direction with the structure and not block Mr. Grce's view, but he was not prepared to make this decision at this time. They have no decided whether it will be a i-story or 2-story home. He wants to make the best use of the view lot. PC-225 Page 7 9-Z-76, 6-U-76, 10-TM-76 cont'd to May lOth PC-225 Page 8 ll-TM-76 and l-V-76 cont'd to }~y 10th. 8-U-76 approved lNUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING s to the lighting of the tennis court, Mr. Merrick said it will consist of 4 posts facing toward the center of the courts. The road is 25' higher than the court, and it is a long distance to the neighbors on 3 sides. Carom. Gatto said he would like some more definitive plans showing how the lights affect the neighboring properties before making this decision. He said the location and type of house should not be restricted. Comm. Woodward said he would like to know more specifically what the height of the fence and retaining wall will be. The Assistant Planning Director reviewed the findings necessary in order to grant a variance. Discussion followed. Mr. Merrick said he will not build any fence higher than lO'. The sloping lot will probably involve a 4' cut and 4' fill. oved by Comm. Gatto, seconded by Carom. Woodward to continue applications ll-TM-76 and l-V-76 to May lO, 1976. Motion carried, 5-0 Chairman Adams called a recess at 9:50 PM. The meeting reconvened at 10:00 PM. 7. Application 8-U-76 of CAMARDA BROTHERS: USE PERMIT to allow use of property for cutting and sun drying of apricots, and construction of an agricultural shed. Said property is located in the southeast quadrant of the intersection of Stevens Creek Blvd. and So, De Anza Blvd. First Hearing. It was noted the applicant was requesting permission to construct a 40' by 80' shed behind an existing residence for the preparation of sun-dried apricots. The applicant also plans to farm the Cali property. Since there were no comments from the audience, it was moved by Corom. Gatto, seconded by Carom. Cooper to close the public hearing. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Cooper to approve 8-U-76, subject to the conditions in the April 23, 1976, staff report. AYES: NOES: Comm. Cooper, Gatto, Koenitzer, Woodward, Chairman Adams None Motion carried, 5-0 MI~UTES OF THE APRIL 26, 1976, PLANNING COMMISSION MEETING 8. CITY OF CUPERTINO: Public Hearing to consider an amendment to Sign Ordinance No. 353 establishing new regulations for signs. First Hearing continued. ~oby Kramer reviewed the modified Section 6 of the Sign Ordinance. Chairman Adams felt that wherever the phrasenshall be a maximum" appears, it should be replaced with "may be a maximum". After discussion, it was decided Section 6.03.l should be reworded Section 6.03.2 (a), line 6, add: "shall be allowed a minimum. . . "Each building or tenant" before " It was decided more technical guidance was needed prior to definin light intensity. A representative from P.G. & E. will come to the next public hearing to throw some light on this section of the Ord inanc e . Chairman Adams asked for comments from the audience. Chamber of Commerce President Frank Mulkern stated that throughout the ordinance where it says "may be", it should be changed to read "shall be". The staff was instructed to have the entire Sign Ordinance retyped and presented at the May lath meeting so that it may be reviewed and then acted upon by May 24th. Moved by Comm. Gatto, seconded by Comm. Cooper to continue the Sign Ordinance to May 24, 1976. Motion carried, 5-0 Due to the late hour, it was moved by Comm. Woodward, seconded by Comm. Koenitzer, to continue the Tree Ordinance and the Historic Preservation Ordinance to May 10, 1976. Motion carried, 5-0 Comm. Cooper said she ,,,ould like both of tl,e above-mentioned ordinances to be reviewed by Architectural and Site Approval Committee prior to the Planning Commission review. PC-225 Page 9 Sign Ord, cant' ( to May 24th; retyped by May 10th. Tree Ord. and Historic Preser' Ord, cont'd to May 10th. PC-225 Page lO MINUTES OF. THE APRIL 26, 1976 PLANNING COMMISSION MEETING UNFINISHED BUSINESS; None NEW BUSINESS: 10. l-GPC-76 of MIDPENINSULA REGIONAL PARK DISTRICT: Determination as to General Plan consistency of future open space acquisition by the Midpeninsula Regional Park District - Fremont Older Open Space Preserve. The Director of Planning and Development reviewed the Land Use Map, identifying the 75 acres of land located in the Regnart Canyon area ,in which the Midpeninsula Regional Park District is interested. Although public ownership of foothill lands is desirable, the City has taken the position that in order to attain its goal of a range of types of housing within the community it is the Staff's position that hillside residential land use is naturally a part of that range. The foothill formula for the Regnart Canyon area yields a density of 134 homes. ;The Director answered Comm. Koenitzer that the cement business in that ;area probably will be there another 40 years. They are considering a 'senior citizens type planned development for their property presently joccupied by the Buck Norred Stables. 1 , ,Mr. Herb Grench, General Manager of the Midpeninsula Regional Park District, ,spoke in regard to the District's plan to purchase these 75 acres on :the basis of the wild life on the property and its pròximity to the ¡Fremont Older property. He introduced MIS. Kay Duffy, the District's :elected Director from the Cupertino/Los Gatos area, and Mr. John Olson, 'the District's land manager. 'Mr. Olson described the character of the Fremont Older property, noting that the existing wild like make this valuable as a preserve. They are also coneerned about the visual protection of the site. It is being considered for a day camp as well as being a part of a hiking trails system. He said they are seeking protection of the unique character of the area. Mr. Grench spoke in regard to conformity with the City of Cupertino's existing general plan. He said the 1972 Open Space and Conservation document also agrees with the District's plan. As to the question of the new Hillside Plan now being considered by the City of Cupertino, he said the question of open space within the Urban Service Area was not dealt with. This area is referred to as foothill residential in the document forwarded to the City Council as a poI icy statement. MINUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING PC-225 Page 11 Mr. Grench said the Urban Service Area concept does not really apply to some of the steeper areas. In the recent survey conducted by the City of Cupertino, 76% of the people were in favor of pre- servation of open space. In terms of the existing General Plan, Mr. Grench asked if the Planning Commission finds the proposal in conformity. He also asked the Planning Coromission to stick with the policy of the Hillside General Plan. Carom. Koenitzer asked if, in their long range plans, they will also purchase lands to the south and the west. Mr. Grench said their program is to preserve as much as possible of the foothills and the bay lands. They are looking allover at once. He said there is a great deal of potential in this area. Their draft master plan in in pring now and will be distributed shortly. He said they welcome comments from everyone. Carom. Cooper asked if there will be roads and utilities access to the strip of land in between these properties. , The Director of Planning and Development said there would be access. Comm. Cooper asked if they would still consider it to be an intru- sion if some homes were build there. Mr. Grench said that they would. Mr. Grench answered Carom. Gatto that they do have the powers of condemnation. The basic policy of his Board is to use the power very cautiously, however. They are operating on a fair market basis. There is no general policy precluding crossing the property. The Director of Planning and Development said these acquisitions are limiting the size of the City of Cupertino. The City and the Midpeninsula Park District need to get together and discuss ob- j ectives . Mr. Grench answered Comm. Koenitzer that vehicles go up to this property via Prospect Avenue and their plans show a small parking area at the end of Prospect. Chairman Adams asked for comments from the audience. Mrs. Kathy Nellis, 22322 Regnart Road, Cupertino, speaking as a pr ivate citizen, said her home is in this area, What concerns her is the District is reluctant to answer Comm. Koenitzer's question about future plans. She encouraged the District to purchase the F-remont Older property. She said her family ~ppreciates and wants to preserve the open space. Their property has been in the family for 25 years. She charged that the District wants to purchase both the 75 acres and the Nellis piece. PC-225 Page 12 MINUTES OF THE APRIL 26, 1976 PLANNING COMMISSION MEETING Mrs. Nellis placed the Cupertino Open Space Plan on the bulletin board ,and demonstrated how Cupertino has provided open space. She also refer- 'red to the Needs Assessment Survey taken by the City. The results of ,this survey indicated that the people want open space in the hills and ¡in the valley floor. She believes open space is a part of our everyday ¡life experience. Trails should also be a part of the planning process, ¡She said the trails now used by the Buck Norred stables have been there ¡for many years. I I ¡ 'Comm. Cooper asked what the Nellis family is planning to do with their ¡property. Mrs. Nellis said they have been trying to decide on the !ultimate use of their property and have decided it should be very low Idensity residential. They are ready to sign the final papers on these 175 acres now. They plan to keep the rural environment. They have no ,plans for starting any development. I I :Mrs. Nellis answered Comm. Koenitzer that she thought that other ¡property was owned by "Edmondson". The P.G. & E. towers go right along ¡that 20-acre strip. , I , ¡Mr. Jim Merchello said his father is in the process of acquiring a piece adjacent to the open space. He challenged two of Mr. Grench's statements: "Land owners have property rights". He said the District has blocked I his father from building a modest retirement home. "The District is ,using sparingly and cautiously its powers of condemnation." He said they are offering less than his father has invested in the property. He asked that the City Council decide what Regnart Canyon is going to be and to tell the property owners in the area. Mr. Bill McGuire, l0422 Phar Lap Drive, said he owns 5 acres adjacent to this property. He was given no notice of what the District is trying to do. He said he just learned the evening of this meeting that access is gained through his property. Access will be a great problem. He said he would like to see the District's master plan. It was determined prior to acquisition of this property that it could have l34 homes on it. Mr. Grench said they will be holding their own public hearing the following Wednesday night on the Fremont Older property. Comm. Gatto said it is important that the District and the City coordinate their plans. Circulation in that area will be the prime element of development in that area. Another thing that disturbs him is that lack of coordination with the local jurisdictions. At this point in time, to allow this purchase without answering major questions would be inappropr iate. The Director of Planning and Development said the City Council will be having a hearing on this entire issue on May 6th. MINUTES OF TRE APRIL 26, 1976 PLá.~NI~G COMMISSION ~ETI~G PC-225 Page l3 Nancy Rertart, San Juan Road, said she supports the ~idpeninsula Regional Park District's means of acquiring open space because they are fulfilling the Herter's ~ishes, She said the citizens should r~ve a great sense of accomplishment. The Findings of the Planning Commission were: The Planning Commission cannot make recommendation to the City Council at this time since they do not have all the facts, inasmuch as the General Plan has not been completed by the City Council. Further, the Planning Commission stressed the need for coordination of plans between the City and the Midpeninsula Park District. REPORT OF THE PL~mL~G COMMISSION: None. REPORT OF THE PLA.\!NING DIRECTOR: None. ADJOURm1Exr Moved by Carom. Woodward, seconded by Carom. Koenitzer to adjourn this meeting at 1;07 AM. Motion can:ied, 5-0 APPROVED: ATTEST: H. .