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PC 02-09-76 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 FEBRUARY 9, 1976. IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO. CALIFORNIA SALUTE TO THE FlAG Chairman Gatto called the meeting to order at 7;40 p.m. with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Adams, O'Keefe, Chairman Gatto Cooper, Woodward Staff present: Director of Public Works Viskovich Assistant Director of Planning Cowan Assistant City Attorney Kilian APPROVAL OF MINUTES Minutes of Regular Meeting of January 26, 1976. Page 3, paragraph 7, line 7 should read: "on a lot and maintained by the homeowners. They plan...... n .~ Page 7, paragraph 5, last: line should read: "activity controls and restoration of ground cover requirements shall be accomplished " Moved by Comm. Adams, seconded by Comm. O'Keefe to approve the Minutes of January 26, 1976, as corrected. Motion carried, 3-0 Minutes of Adjourned R'egular Meeting of January 15, 1976. Moved by Comm. Adams, seconded by Comm. O'Keefe to approve the Minutes of January 15, 1976, as recorded. Motion carried, 3-0 PC-2l6 Page 1 ",f Jan. 26th Minut. approved Jan l5th Minute, approved PC-2l6 Page 2 MINUTES OF FEBRUARY 9, 1976, PLANNING COMMISSION MEETING POSTPONEMENTS 3-Z-76 cont'd to Feb. 23rd. Per the request of the staff, it was moved by Comm. O'Keefe, seconded by Comm. Adams to continue application 3-Z-76 to February 23, 1976, to allow more tUne for data gathering in regard to parking. Motion carried, 3-0 WRITTEN COMMUNICATIONS 1. Letter from Miss Sally Dodge registering opposition to San Carlos Homes proposal. 2. Unsigned letter opposing some of the uses of property in Old Monta Vista. ORAL COMMUNICATIONS - There were none. PUBLIC HEARINGS 1. Applications l6-U-75 and l6-TM-75 of SAN CARLOS HOMES & DEVELOPMENT; USE PERMIT to allow construction of 50 single-family residences in a planned development zone; TENTATIVE ~.AP to subdivide 50 residential lots plus one lot containing ll.9 acres to be held in common. Said property is located southerly of and adjacent to Voss Avenue at its westerly terminus. First Hearing continued. The Assistant Planning Director stated this application was contínued at the last meeting to enable the Planning Commissioners to walk the property to familiarize themselves with the terrain and to allow the applicant to reconsider some of thê concerns introduced at the last public hearing. The Assistant Planning Director reviewed the transparency of the site showing the areas that will be graded and the relationship of the access roads with this proposal, as well as the location of the half-acre pond. He compared this applicant's original plan with the current one. He noted the concept of traditional, single-family homes has been approved, although the total number of units has not yet been established. He brought to the attention of the Commissioners the slight shifting of the long cul-de-sac to the right which puts Some of the homes closer to the knoll. A retaining wall will be required at some spots along Alcalde Road. The architect is now proposing Unit #16 be single-story, although the exhibit on the board did not reflect this change. Colored slides of the property were shown, illustrating how the grading will affect the area. The Director of Public Works saId Alcalde Road will be improved 2 lanes including curbs and gutters. MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING The staff hopes the H-Control Committee will require rounding of the cut areas to relieve the sharpness of the cut. Chairman Gatto complimented the Assistant Planning Director on the ccmprehensive presentation. Chairman Gatto commented that from an aesthetic point of view, th soil creep does not interfere with the concept of the proposal. The staff recommended the Planning Commission make the determina- tion that the City should not take over the responsibility of the pond. It has a limited educational value and it is hoped some other agency or private entity would take over the responsibility. The pond's use is too limited for inclusion in the City's park system. If the pond is dedicated to a public or private agency a dam stability study should be performed to ensure public safety. The developer should put up a $5000 bond for this purpose, If the pond is not accepted it will be drained. Comm. Adams was answered by the Assistant Planning Director that Condition 19 allows the people to come in for a use permit to allow horses on the property. The City has ordinances that deal with the protection of, public health where animals are concerned. Civil Engineer James Carroll,' lS South Bayshore, San Mateo, said the Assistant Planning Director gave a comprehensive review of the modified proposal. He submitted some minor modifications on the siting. Lot 16 is now single-story unit. It is at grade with the adjacent duplex lot. He also showed how there has been some minor moving of some of the units. He said they agree to a~ but Condition 18 which deletes unit 19. He does not believe that unit hampers the view of the other lots nor the view from Voss Avenue. He said the visual corridors are very important to them. Landscape architect Mel Lee, 1932 Polk Street, San Francisco, said they will bé using native trees and shrubs. They will hydro seed with rye and/or California wild flower mix. In addition, soft chest grass will' be used for fire protection. He said one means of fire protection would be to clear 30' back from and around the units. A temporary watering system would have to be ùtilized for the plantings, until they become established. The parking cul-de-sacs will have larger trees. Some eucalyptus tree may be introduced in the large open space for fast growth. Fences were discussed next. Mr. Lee presented two schemes: rail type with 4 x 4 posts and 2 x 6's running horizontally; and 2 x 6 open wire mesh screen with 8' and lO' posts on center. He said 1 x 4 or 1 x 6 vertical members WQuld be introduced in some areas. l~-~· PC-2l6 Page 3 ::;;.. ':!": -:;~.. c PC-2l6 Page 4 MINUTES OF FEBRUARY 9, 1976, PLANNING COMMISSION MEETING Mr. Lee answered Chairman Gatto that 35% of the trees will be l5-gallon size and 65% will be 5-gallon size. He said there is a fair amount of replacement of the hydromulsion material. Chairman Gatto said he would like to see a maintenance bond or erosion prevention bond requirement. Comm. O'Keefe asked if the developer has previously used this type fencing design. Mr. Lee said it has been used on single-family homes in Hillsborough. He added that the fencing here will be varied. Comm. O'Keefe is concerned about the impact of the fencing on the valley below. Mr. Lee said the screening would appear to be open and the wood fence areas will have plant material on them. Mr. Carroll answered Comm. O'Keefe that there will be approximately 300 feet of fencing visible from Voss Avenue. The remainder of the fencing will be open type defining the open space belonging to this development. Carom. O'Keefe questioned the need for these fences, stating that they are more in keeping with flat areas. He believes that here we may be bringing some building techniques to the hills that might not be appropriate. San Carlos Homes President Jack Chamberlaine said they have just completed two developments similar to this -- and without fences. Of the homes that have been sold, the people are putting up fences. He said he would be delighted to leave them out, but fences appear to be an integral part of California living. Mr. Carroll agreed that fences are a maintenance problem. There are deer in this area, and they would present a very real problem to the shrubbery, etc. He said he is willing to work with the staff in deciding which type fences should be in which areas. '~ Comm. O'Keefe observed that we will also be faced with fences within fences because these proposed fences do not meet the swimming pool ordinance requirements. Mr. Carroll stated most 1, 2, and 3-acre lots in Portola Valley and Los Altos Hills have fences and they are not objectionable. It was pointed out that the density here is higher. Comm. Adams asked about the fill under unit #50. Mr. Carroll said it has about 6' of fill under it. The deepest fill is not at the unit but rather at the bottom of the retention basin. The fill at another unit is about 9'. Carom. Adams anticipated future problems with these two homes. Mr. Carroll 'said this will be taken care of properly. Chairman Gatto asked for comments from the audience. Mr, Don Pezzolo, 228llA Medina Lane, Cupertino, stated that no fences would be the most desirable condition. If this were a part of the C C & R's that there would be no fences it could be controlled. TheE are a lot of walls in this development in addition to fences. He said moving the cul-de-sac to the north will give us a lot more grading. MINUTES OF FEBRUARY 9, 1976, PLANNING COMMISSION MEETING Mr. Pezzolo said he would like to see the total number of units reduced by S. He is still concerned about the amount of grading and fill, particularly in respect to the soil stability. He ask what happens when that hill comes down on the units set right up against it. He is disturbed with Condition 21, which allows changes in the plan without public hearing. He said that as bad as the De Anza Oaks subdivision is, there are no fences. With respect to Condition 21, the Assistant Planning Director sai the staff could not approve a modification of the plan with eithe an increase or decrease in number of units. ,This condition allow the City to act on minor alterations to avoid a 2-3 month delay for the developer. The Director of Public Works explained the storm drain requirements that will be provided. Mr. Pezzolo referred to the 1973 Rogers and Armstrong Montebello Land Study made, including this area. He said this area has a very high water runoff. That, coupled with the relative seismic stability of this area really concerns him. Chairman Gatto stated this public hearing was on the use permit; the zoning has been approved. Mr. Pezzolo said he read recently where the Mid Peninsula Regiona Park District is looking at the Catholic Church property. He sai it would be nice to have them also take a look at the pond. Mrs. Lucien Hertert, San Juan Road, asked that more time be given to work out the possibility of saving the pond and having it turned into an educational resource. She said Mr. Chamberlain , ~ has been very considerate. Perhaps this section could be split off from the remainder of the property. She asked for more time to continue working for saving of the pond. Chairman Gatto said he hoped 6 months would be long enough. Ms. Ann Anger, Monta Vista, said she is very much concerned for open space. She used to be very much in favor of cluster develop ments. She said natural terrain has to be taken care of. She said you cannot have cattle nor horses here to keep the grass do The people in Saratoga are very concerned right now about the cluster developments with open space. There is concern about where to put new developments. She said she is in favor of good, orderly development of the hillsides and the flat land. She said the people will take care of their individual lots, but not the open space. Once the homes are sold the developer will be out of the picture and the homeowners association is stuck with the problems. PC-216 Page 5 .:.·;F PC-216 Page 6 MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING Mrs. Judy Horst, Lockwood Drive, said her main concern is the flat, developable portion of this hillside. She asked that more consideration be given to the hillside. She does not believe SO homes fit on this property. She is concerned about the fate of the existing trees on the property. Mrs. Patricia Blake, Lockwood Drive, said she owns one of the duplexes in the middle of the block on Lockwood Drive. This proposal shows too many buildings for the amount of open space. She also is concerned with the setback between the new development and the existing duplexes. I She said she is a native Californian. The only reason she has a fence is because when there were horses they would come into her yard. She said we will lose the rural atmosphere with fences. She said for 11 years the drainage has gone down the local streets and overflowed. Moved by Comm. O'Keefe, seconded by Comm. Adams to close the public hea;ing. Motion carried, 3-0 Discussion followed. Comm. Adams felt the H-Control Committee should have the responsibility of determining the detail of the fencing. I He felt the word "minor" should be added to the last line of Condition 21 on page 4 of the Resolution. With regard to Condition l8, Carom. Adams said this development has been cut from 71 units down to SO. If we wanted less than that, this should have been stated earlier. Comm. O'Keefe said an application for development of this property by a different developer came in at l8S units. De Anza Oaks first,eame in at 211 units. Carom. O'Keefe is concerned that we are bunching a great number of homes in our foothills. He felt the number of units for this site was excessive. He does not want to see great soil removal. He feels this could be reduced as many as lO units. In regard to density, Chairman Gatto said this site is unique in that the original property line did not break between flat and hilly land. This proposal rapidly reduces the density as it goes up the hill. The area of greatest concern is what happens on the Alcalde side. Chairman Gatto does not believe unit 19 is that much of a problem. He would be in favor of removal of units 44 and 4S, as on the previous plan. He is not opposed to the units along Alcalde; the existing duplexes there are 2-story. Only half of these units are 2-story. He would like to see the short cul-de-sac from Alcalde adjusted to accommodate the tree rather than remove the tree. there is a need to balance the need for outside privacy with the open space requirement. He would like to see the fence program restudied and reviewed by H-Gontrol. He would like to add a phrase requiring slope rounding to condition 17. and it should be reviewed by H-Gontrol. " MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING PC-2l6 Page 7 ?,r.:' Comm. O'Keefe asked the Assistant City Attorney what options the City has in regard to the pond. Attorney Kilian said there are two options: a public agency takes over operation of the pond, or the pond is eventually removed. Comm. 0 'Keefe said that if we keep on covering our flood streams and ponds such as this we will lose some of our natural resources. It is his contention that when a developer purchases land with these resources on it, that it is his responsibility. It is not important to Comm. O'Keefe what agency maintains the pond, but that it must be preserved. The Assistant Planning Director said that if the pond is retained in private ownership they would undoubtedly want to drain it because of the liability. If it is open, the children in the development will use it and everything that makes that pond unique will be destroyed. The Assistant City Attorney advised that if it remains in private ownership they would have the right to restrict it to the use of the people in the development. Comm. O'Keefe made a motion that the City Council be requested to pass a resolution that this pond be made a part of this parcel and that it shall be maintained and preserved. When this motion received no second he amended it to the effect that the City Council be requested to say yes or no on the matter of saving of this pond; that the pond be retained in perpetuity and the homeowners association be responsible for maintenance of it and that it be amplified at tentative map stage, at which time more regulation shall be spelled out. There was no second to this amended motion. \, Moved by Comm. O'Keefe that the pond be maintained in perpetuity and costs be assumed by the property owners and homeowners assoc- iation. Comm. Adams seconded this motion, although he felt it was unreasonable. Pond to be retained Discussion followed. Chairman Gatto was assured by the Assistant City Attorney that the private ownership of the pond means they can do anything they want with it. Given six months, if the community and/or its resources did nothing to save the pond, then to put this burden on the property owners is not viable. Comm. O'Keefe believes this is something the developer should assume. The pond has real value, just as trees do. The pond has as much value as preservation of the hills we are trying to preserve. This motion strikes Condition l6 (c) and replaces it with the condition that the pond remain in perpetuity. AYES: NOES: ABSENT: Comm. O'Keefe, Chairman Gatto Comm. Adams Comm. Cooper, Woodward Motion carried, 2-l PC-2l6 Page 8 l6-U-75 approved as modified in PC Res. l493 . MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING It was noted that it is still possible for the developer to deed the pond to an agen~y if he so desires. Carom. O'Keefe said he is not interested in ownership, but rather in the preservation of the pond. Moved by Carom. Adams, se~onded by Carom. O'Keefe to approve appli~ation l6-U-75, subje~t to Conditions 1 through 23 of the Yebruary 6, 1976 staff report and modified as refle~ted in Planning Commission Resolution No. 1493. Mr. Carroll wanted to respond to these modifi~ations. With regard to modifi~ation of the ~ul-de-sa~ to preserve the tree, this would affect the grading all the way ba~k. That tree in question is an a~a~ia which is bad for people with allergies, is messy, and has a root system that causes problems to streets, etc. With regard to modifying Condition 16 regarding the pond, they feel the simple answer is for the City of Cupertino to just accept this pond for public use. The time frame on the decision on the pond should be one year with a six month extension if necessary. They oppose having to maintain it for public use, but it would be all right for private use. Regarding the dam stability, he wanted to add the words "providing the dam is stable". He would not like to be in the position of having to go in and make it stable. As to Condition 18, Mr. Carroll said they could pull that cul-de-sac back to its original location. They have no objection to working with H-Control on the fencing. They have no objections to modification of Condition 21. Mr. Carroll answered Carom. O'Keefe that they intend to break ground in June, if possible. '.. Mr. Lee said that acacia tree is 20 years old now and will probably die within another lO years. They are coming in with specimen trees to replace that tree. Carom. Adams said he would opt for repla~ement of that tree rather than change the grading plan. Upon the advice of the Assistant City Attorney, it was moved by Carom. O'Keefe, seconded by Comm. Adams to reopen the publi~ hearing in regard to the saving of that tree. Mr. Don Pezzolo like to have it specimen tree. agreed that type of tree would be a problem. He would replaced with something larger than a l5-gallon size This information will be forwarded to the H-Control. If the dam is not stable the appli~ant ~an request further consideration. AYES; NOES; ABSENT ; Carom. Carom. Comm. Adams, Chairman Gatto O'Keefe Cooper, Woodward Motion carried, 2-1 MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING i PC-216 I I Page 9 ~. ~. - .:~ '" Chairman Gatto called a recess at lO:27 p.m. The meeting recon- vened at 10:40 p.m. Chairman Gatto stated agenda items 2 and 3 would be reviewed concurrently. . .~!-C' :"1CJti . ~ '. r,,-' 2. Staff Report regarding automobile-oriented commercial land uses" ,;. ~: . 3. Application 12-U-76 of PHOTOTECHNOLOGY: USE PERMIT to allow a photo kiosk in a CG (General Commercial) Zone. Said pro- perty is located at the southwest corner of the intersection of Stevens Creek Blvd. and East Estates Drive. First Hearing continued . The Assistant Planning Director reviewed his February 6, 1976, memo entitled: "Report on Drive~p Facilities", and his staff memo of the same date entitled: "Application 12-U-75 - Photo- technology (Chas. Brown)". He stated that the City became involved in studies of drive-up facilities during the public hearings for a Jack-in-the-Box proposal when persons in the audience asked why the City was not concerned about cars idling in the parking lots. The Assistant City Attorney advised, in regard to Dr. Myronek's report, that the Planning Commissioners should withhold any final decisions on the report at this point. Dr. Myronuk could review his report and the Commissioners could ask questions, but no conclusions should be made at this time. , ~I Dr. Don J. Myronuk, 1407 Bryan Avenue, San Jose, 95118, reviewed his report entitled: "Carbon Monoxide and Sulfur Oxide Levels Attributable to Use of Drive-Up Window Facilities", dated Februar~ 5, 1976. Comm. Adams asked if Dr. Myronuk did not consider other oxides as a problem. Dr. Myronuk said his report does not address them. Further, he said this is just a fingerprint of the kinds of problems we will be encountering. He answered Comm. O'Keefe that if driving were prohibited in Cupertino it would not make that much of a difference; it is a regional problem. Dr. Myronuk called attention to the "canyons" created by building~ in close proximity that entrap these oxides. He answered Chairma1 Gatto that there is the possibility that installation of fans I could be effective in blowing away the particles. He said medica~ åuthorities in the Los Angeles Basin are flabbergasted at the I levels of oxides in the air down there. PC-2l6 Page 10 Dr. Myronuk' s air quality report fwded to Council L2-U-75 :ontinued MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING Moved by Carom. O'Keefe to accept Dr. Myronuk's report for study, and that it should become a public document, including public input. There was no second to this motion. Moved by Comm. Adams, seconded by Comm. O'Keefe, to forward Dr. Myronuk's report to the City Council and to instruct the staff to set it for public hearing to consider future changes to the ordinances were necessary. AYES: NOES: ABSENT : Comm. Adams, 0 'Keef e Chairman Gatto Comm. Cooper, Woodward Motion carried, 2-1 Discussion next centered around application l2-U-75. The Assistant Planning Director said this application has been continued for a number of meetings, awaiting Dr. Myronuk's input. The City has historically been opposed to commercial use of parking lots. From a technical point of view, the staff recommended denial of this application in view of Dr. Myronuk's report, Another reason is that this kiosk is at the end of a parking lot aisle and could cause maneuvering problems. Although the applicant was apprised of this meeting and received a copy of the staff report he was not present at this meeting. Moved by Comm. Adams, seconded by Comm. O'Keefe to continue appl\cation l2-U-75 to allow the applicant another chance to appear at the public hearing on his application. Motion carried, 3-0 4. Applications 4-Z-76, 1-TM-76 and 2-U-76 of VALLCO PARK, LTD.: REZONING 4.8 acres from P (Planned Development with light industrial intent) zone to P (Planned Development with professional office, commercial and recreation use intended) Zone or whatever Zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to divide approximately 11.4 acres into two parcels; USE PERMIT to allow construction of one building containing 10,700 sq. ft., one building containing 13,217 sq. ft., the construction of six tennis courts and the relocating of a 2,200 sq. ft. building pre- sently located at the southeast corner of Pruneridge Avenue and Wolfe Road. Said property is generally located adjacent to and westerly of Wolfe Road immediately southerly of the Vallco Village Shopping Center. First Hearing. I I i MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING i PC-2l6 i Page 11 Chairman Gatto advised the applicant that 2 Commissioners were j absent from this meeting and the zoning application would require 3 affirmative votes. The applicant had the option of postponemen on the zoning. The Assistant City Attorney answered Vallco Park General Manager Walter Ward that in the event it did not receive a 3-0 affirmative vote it could proceed to the City Council on appeal. On that basis, Mr. Ward said he would like to go ahead with the public hearing, inasmuch as this has been going on for two years. 5;2;Cc ":1j . (!-~ J .~ The Assistant Planning Director reviewed the diagram on the bulletin board of the existing development in Vallco Village and of the proposal at hand. The General Plan was recently amended 1 to allow this development to take place. The traffic phasing I was restructured to allow development of l.B acres of the "uncom- mitted" land. In terms of zoning, this proposal is consistent I with the General Plan and the traffic constraints. With regard to the use permit, the staff recommended the drive-up windows be deleted based on health reasons and on the fact that the kiosk in I the previous application was denied. The drive-up facility at th~ present location of the bank in Vallco Village has presented some I problems. The staff was also urging access to "Lands of Mine" be ' maintained when parcel 2 is developed. I The Director of Public Works answered Chairman Gatto that this ¡ , application does not include the closing of the left-turn lane i from Wolfe Road into the Vallco Village Shopping Center. Chairmani Gatto said he is concerned about access to Vallco Village from ¡ Pruneridge Avenue. He felt the proposal presented at this meetin~ was strictly for the benefit of the bank. , ~I I i - ',,_ :":;:nc. Mr. Walter Ward said they have no problem with the conditions proposed by the staff on the zoning and on the tentative map. He was in favor of retaining the entrance to the Center by the Red Coach restaurant. On the use permit, Mr. Ward said he had some questions and concerns. The first application for the bank with drive-up windows has been planned since 1963. With the four drive-up windows there will probably only be one or two cars in line at a time. There are 4500 Hewlett-Packard employees across the. street and Watkins-Johnson will have a approximately 1500. These people will drive to Santa Clara to do their banking if this bank leaves Vallco, as they have indicated they must do if not granted the drive-up facility. He said he has never seen more than a single car at one time at the Glendale Savings and Loan. He said they have 14% more landscaping in front of the bank than the recently approved California Canadian Bank. He said he could not see how the pedestrians will be protected by no drive-up windows. (He was referring to Condition 16 in the February 6th staff report.) PC-2l6 Page 12 MINUTES OF YEBRUARY 9, 1976 PLANNING COMMISSION MEETING Condition l7, regarding lighting of the tennis courts, was discussed next. Mr. Ward said the lights will be so designed as not to protrude beyond the property line. The Planning Commission determined it would be permissible to allow night lighting until 10:30 p.m. and there shall be no paging systems or outdoor music. As to Condition 19, Mr. Ward said they have had accoustical studies and found the ambient level at Bullocks Department Store to be acceptable. In regard to the Tentative Map proposed conditions, Mr. Ward said they would prefer to hold off on the dedication along Wolfe Road for the present time. As to Condition 18, he said Mr. Mine has stated that he wished to keep his property residential, with access to Linnet Lane. Mr. Ward felt he should pay his fair share of the road costs if he has access to Wolfe Road. Mr. Bob Holding, representing the First National Bank of San Jose, wanted to address that portion of the staff report regarding drive-up windows at other banks in Cupertino. He said Crocker has no room for drive-up windows at their older location. Wells-Fargo never has drive-up windows at their banks. Savings and Loan companies are a slightly different type of operation. He said his bank's proposal offers walk-up as well as drive-up facilities. Instead of 8 cars in one lane they would have 2 cars per lane. The system is set up with four kiosks and 2 tellers so they have twice the service. The pneumatic system won't carry large amounts of coins, etc., so the people with long, drawn out transactions would be discouraged from using the drive-up facilities, and would be encouraged to come into the bank, even after regular open hours. Mr. Holding said they have drive-up facilities at 9 locations in the Santa Clara Valley. For the time being, they don't anticipate the volume at this location to change appreciably. Their future growth is based on growth of the community. Because of the overcrowded conditions, they have expanded to two locations in Vallco Village. The permit for the loan office expires in November. Mr. Holding stressed the fact that they can't compete without the drive-up facilities. Mr, Walter Ward said the drive-up windows were taken into consideration in the General Plan hearings. In terms of specific comments to Mr. Ward, Dr. Myronek said from an air quality point of view,of a line of cars, 4 cars in a row would create far less pollutants than 8 cars in a row. But he could not see the cost benefit of the four drive-up windows. He added that there are many ameliorating circumstances to consider. He said that in his report he was focussing on a general problem, not on specific situations. He tried to point out what happens to air quality wnen cars stack up. Mr. Ward brought up the present stacking of cars at the inadequate drive-up facility, due to the congestion at the bank and restaurant. Mr, Ward said that they have had a traffic study since this factor was brought up in 1973. He asked if a "grandfather clause" could be considered. MINUTES OF FEBRUARY 9. 1976 PLANNING COMMISSION MEETING PC-2l6 Page 13 Architect Dick Griffith answered Chairman Gatto that he tried to integrate the architecture of this proposal with that of Vallco Village. Chairman Gatto stated he does not believe this archi- tecture is up to the standards of the Vallco Village. Comm. Adams opted to leave Condition 16 of application 2-U-76 in. Comm. Gatto said he believes the drive-up portion is part and parcel of the banking facility. If it proves to be a health hazard, there are mechanical ways to alleviate the problem. Comm. O'Keefe said'he would like to defer his opinion on this for the present time. At to Condition 17, it was decided the night lighting of the tennis I courts should go off at 10:30 p.m., as happens at the City courts and there shall be no paging system nor outdoor music. It was decided Condition 18 should be left in, Comm. O'Keefe believes Condition 16 should be deleted. As to the tentative map conditions. the Director of Public Works suggested Condition 19. The developer shall join future assessme t districts with uniform wording from other applications. Mr. Ward said they have a property cut off because of Mr. Mine's decision. If that property develops, the developer should be responsible for access. The Assistant City Attorney advised it was perm is sib e to speak to this issue but it is not binding in this particular application. ..., Moved by Comm. O'Keefe, seconded by Comm. Adams to close the public hearing on application 4-Z-76. Motion carried, 3-0 Moved by Comm. 0 'Keefe, seconded by Comm. Adams to recommend to the City Council approval of application 4-Z-76. 4-Z-76 approved AYES: NOES: ABSENT: Comm. None Comm. Adams, O'Keefe, Chairman Gatto Cooper, Woodward Motion carried, 3-0 PC-2l6 Page l4 2-U-76 approved 2-U-76 public hearing reopene 2-U-::76 continued l-TM-76 approved MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING Moved by Comm. O'Keefe. seocnded by Comm. Adams to close the public hearing on application 2-U-76. Motion carried, 3-0 Moved by Comm. O'Keefe, seconded by Comm. Adams to approve application 2-U-76 with the 14 standard conditions, condition lS, amended condition l7 and condition 19, with the numbers of the conditions to be changed to read consequetively. Chairman Gatto commented that he had no objections to the uses, but the circulation is awkward. Mr. Ward said this has been discussed with the Director of Public Works and they feel the solution is in the signing which they will, hopefully, get resolved. AYES: NOES: ABSENT : Comm. Comm. Comm.. O'Keefe Adams, Chairman Gatto Cooper, Woodward Motion failed, l-2 The findings were: Chairman Gatto felt the major circulation pattern did not function well. Comm. Adams wanted Conditions 16 and 18 left in. Moved by Comm. O'Keefe, seconded by Comm. Adams, to rescind the previous motion and to reopen the public hearings. Motion carried, 3-0 , ..., Moved by Camm. O'Keefe, seconded by Comm. Adams to continue application 2-U-76 to February 23, 1976. Motion carried, 3-0 Moved by Comm. O'Keefe, seconded by Comm. Adams to close the public hearing on application l-TM-76. Motion carried, 3-0 Moved by Comm. O'Keefe, seconded by Comm. Adams to approve application l-TM-76 with the 14 standard conditions and Conditions 15 through 19 as listed in the February 6, 1976 staff report. AYES: NOES: ABSENT : Comm. Adams, O'Keefe, Chairman Gatto None Comm. Cooper, Woodward Motion carried, 3-0 MINUTES OF FEBRUARY 9, 1976 PLANNING COMMISSION MEETING The Assistant City Attorney advised the Commissioners absent from this meeting should listen to the tapes of the public hearing before the next meeting. 5. Application 3-Z-76 POSTPONED TO FEBRUARY 23, 1976. UNFINISHED BUSINESS: None. NEW BUSINESS: None. REPORT OF PLANNING COMMISSION Chairman Gatto, reported that he learned at the monthly luncheon that the City Council will study the Hillside Plan on March 9th. A policy decision made by the City Council is that from now on, General Plan Amendments will be made three times per year: in January, May and September. Information from the general public will be accepted. REPORT OF PLANNING DIRECTOR: None. ADJOURNMENT Chairman Gatto adjourned this meeting at 12:46 a.m. to 7:30 p.m. February 18, 1976. APPROVED: ATTEST: N~ Gatto, Chairma ~ Win. E. yder, City Clerk PC-216 Page 15 , , , -'J-:' :"~ '::' ;- ., : -£,':: - - ..::J ~:, :: . -'-::;7:- , ' . '