Loading...
PC 01-26-76 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino; California 95014 Telephone: 252-4505 MINUTES OF THE REGULAl!. MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 26, 1976, IN THE COUNCIL CHAMBER, CITY HALL cuPERTINO. CALIFORNIA SALUTE TO THE FLAG' i Chairman Gatto called the 1!Ieeting to order ,at 7 :36 p.lII. with the Salute to the Flag. ROLL CALL COIIIID.. present: 'Adams, Cooper, (7:50), O'Keefe, Woodward. , Chairman' Gatto CODDIl. absent: None Staff present: Director'of Planning and Development Sis~ Assistant Planning Director'Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten APPROVAL OF MINUTES Minutes of Regular Meeting of January 12, 1976: Add to the bott of page 3: "Application was taken off calendar to permit the staff to prepare a General Plan Amendment so the Zoning Map can be in conformance with the General Plan. It Moved by CODDIl. O'Keefe, seconded by Conm. Adams, to approve the Minutes of January l2, 1976, as amended. Motion carried, 4-0 Minutes of Adjourned Regular meeting of January 15, 1976, not available at this time. POSTPONEMENTS i Agenda Item III . 12-11-75 of PHOTOTECHNOLOGY. Dr. Myronek has been retained to review air quality data received from University, of ! Michigan. .. I \"'-215 'Page 1 PC-2l5 Page 2 l2~-75 cont'd to Feb. 9th l-Z-76 cont'd to Feb. 23rd I i i ..1 ''''1- t, MINUTES OF JANUARY 26, 1976 PLANNING COMMISSION MEETING Moved by Comm. Woodward, seconded by Comm. O'Keefe to continue application l2-U-75 to February 9, 1976. Motion carried, 4-0 J. Agenda Item U6 = l-Z-76 of CITY OF, CUPERTINO Moved by Comm. O'Keefe, seconded by Comm. Adams to continue application l-Z-76 to February'23, 1976, to enable the property owner to be present at the Public Hearing. Motion carri'ed, 4-0' WRITTEN COMMUNICATIONS: None. O~ COMMUNICATIONS: None, , PUBLIC, HEARINGS 1. Application l2-U-75 of PHOTOTECHNOLOGY: USE PERMIT to allow a photo kiosk in a CG (General Commercial) Zone. Said property is located at the southwest corner .of the intersection .of Stevens Creek Blvd. and East Estates Drive. CONTINUED TO YEBRUARY 9, 1976. 2. Applicatians l6-U-75 and l6-TM-75 .of SA!.. CARLOS HOMES & DEVELOPMENT; USE PERMIT to allow construction of 50 single-family residences in a planned development zone; TENTATIVE MAP to subdivide 50 resi- dential,lots plus one lot contai~ing 11.9 acres to be held in common. Said property is located southerly of and· adjacent to Voss Avenue at its westerly terminus. First Hearing. The Assistant ,Planning Director stated the concept of building single- family homes in the dntensity' of approximately 50 has been approved by the City Council.' Since some of the' technical details are not available at ,the present time, the staff ,recommertded holding the tentative map;~ssue in abeyance, It was the staff's intention at this meeting to familiarize the Commission with the·pr~~erty and to discuss planned development concepts. He went over the details of the January 23, 1976, memo on ~his proposal and' showed co1ared' slides of the property. He also reviewed the origina~ site plan and subsequent modifications. He ask~ the Comm1ssioners to~onsider a field trip to the site. 'the.re are two pï>nds on the property, the ret,ention of which must be weighed. .. ' . ~. ': MINUTES OF JANUARY 26. 1976 PLANN'lliG COMMISSION MEE't'lliG I I i ¡¡PC-21S IPage 3 I i Comm. O'Keefe acknowledged this parcel presents some problems. When we correct one problem with grading we create others. Chairman Gatto asked for comments from the applicant. Mr. Jack Chamberlain, of San Carlos Homes, explained their pro- posal for a mix of 3 and 4 bedroom homes with 3, 2 or 2-1/2 baths' Structures run 1700 to 2100 square feet. Present thinking is 1 that they will cost in the neighborhood 'of $~~900Ç, Colored i slides of the type of architecture were" shown, consisting of : . , , wood sid:Lng, shake'roof and heavy exterior trim around windows, .. I etc, The detail work will take place all, the way around the unit~ not just the front. Five or six landscape plans will be offered i to the homeowner and they will be expected to abide by them. i There will be a $ inducement which will run out if the landscaping is not accomplished within about three months. I , ' I Mr. Chamberlain answered Comm. Adams that he would prefer to have! a decision on the tentative map as well esrthe use permit at this: meeting, but was willing to hold, the map in abeyance if requested~ Chairman Gatto was answered by Mr. Chamberlain that they feel the' pond would be an attractive and dangerous nuisance. Any insurance costs would be transferred to the homeowners. Comm. O'Keefe would like the applicant to consider single-story dwellings along the side where there are existing duplexes. Mr. Chamberlain said it would be difficult to have all single-story homes there. Civil Engineer James Carroll, 15 South BayshoreBlvd., San Mateo "- said they have attempted to keep the pr~files low to minimize the privacy problem. They have attempted to stay within the spirit of the conceptual plan for this property. The plan mitigates the EIR problems. They have accommodated the site rather than change the site to fit their plan, Each house will be on a lot. and colilmon:,aréa::to'be'maintainedby..achámeowners" ,,' ,~ ¡¡\ìsociàtion;;" "They: plan:- ton :iì1biude" the ~l'ònd "aua¡!néthe ,'dedièàted "peli'2space;2and'.w111èléÍlV'e.T'thé decistotiiof. th¡¡¡:'ponci"to('ty"è-Cfty. ' iiìã þlån/èall$ctorctlO% '&ííUdinS"co17e1"age~ 6% >in åtre8t8..and~21.5% :l.n"-priva'feLlDpen spàceç''''''Private andce01llllÍo'U' ,opetitspace"of fT1è. site' òccupy~84%.:: About 25,OOOuêu1)ictyatds of ,dirt'iÒwill be ~oved. '. , . Mr. Car1"ollsaid the conditions proposed hythe staff ar.eaacept~r able except 16 (ò) with regud to financial responsibility for investigation of sheet flow characteristica,ofthe Bite' and" potential springs, and Condition 18 requriinggdélëttonno£f,UUittl'~. He countered with a rearrangement of some of the œ1ta tt:l l'~GV~g,1i a better visual corridor through the developœent. ; .' _'",C ~ - ,'- ~ , - .. , , . , ~ "-.",,-- ": c.._ PC-215 Page 4 MINUTES OF JANUARY 26" 1976 PLANNING COMMISSION MEETING The Assistant Planning Director answered Chairman Gatto that the rationale behind Condition 16 (b) is purely economic. The staff teelithat if there is a potential problem,for the-developer, that the deVeloper should stand the cost. Mr. Carroll said they feel thi,s site is difficult to grade without making a' substantial impact ~q~he site. He noted there is the possibility of loss of some i trees with the rearrangement of the structures. C~. Adams observed there ia a drainage trough near one of the homes, and he wanted to know what pròvisions have been made to protect that home. Mr. Carroll said the storm drain will take care of it. C~. Adams asked if they have planned-pedestrian walkways. Mr. Carroll said the walkways will on~y be on Alcalde and Voss Avenues. They prefer to encourage the people to walk along the open·'space than along the streets. In regard to the 25,000 yards ,of soil movement, Mr. Carroll answered Chairman Gatto that in one area there will be4 feet of fill and a 4 foot cut in another cul-de-sac. Chairman ~atto asked what investigation has been conducted in regard I to the man~de pond. Mr. CarrQll said there is no question that this was designed to act as a catch basin to regulate the flow of water. It is their intent to have the slope banks outside the lot lines, and they will be maintained by the homeowners association. Landsçape Architect Mel Lee, San Francisco, reviewed the planting concept for Alcalde Knolls Planned Development. They will put hydroseed plants wherever cut and fill have taken place. They wïil put evergreen trees in the cul-de-sac areas. Each property owner will be given credit for three trees. The rear areas will be developed by the owners. The view from the southeast corner will I provide :... visual corridor. They offer flo.weringas well as deciduous I trees of different colors. llndulating of the trees and plantings II relieves the monoto"nous effect of 'the landJlC, aping. He answered C~. Cooper that he is not anticipating adding any specimen trees. He answered Couùn. Adams that the plant mater-ial used will not require high tQaintenance'. An _irrig¡¡¡tion ,system, will be put in the common area. He answered Chairman Gattõ that hydrom1x includes the seeds, fertilizer and soil compacting material. Chairman GattCl~sked for coument,s f'r,P'll the audience. Mr., Frank Fana,of: Scofield DrLve, Cupertino, said the'.Audùb'on Society is concerned' about the pond. ,In the event none of the school districts are iµter-ested~,he would like the staff to contact the Mid Peninsula Park DistJ:'J.ct. ~Also, h~"said he ,read were theY'are.a.sking people to donate property. A pond is a unique tiling and this one.is free for the' as king . MINUTES OF JANUARY 26, 1976 PLANNING COMMISSION MEETING Comm. O'Keefe asked the staff to follow up on Mr. Fana's, sug- , gestions. He felt the pond should be fenced. He said the amount: of damage of failure of the dam could be minimized by lowering'" i the spillway. It was noted a fence could cost about $7!foot. "1 installed. The Assistant Planning Director said the Mid Peninsula Park District and the Santa Clara County Water District have beeni contacted about the pond. Comm. Woodward would like to pursue the possibility of the trail system going through here. Prof. Doug Cheeseman, De Anza College, said some students have studied the Voss Pond and they feel it is a very valuable resource. He said they have an on-campus fenced pond and have had no problems with'it thus far. He said he would be willing , to work with anybody interested in saving the pond. He said they 1 would also be interested in other available land for students' 1 study. He feels a percolation pond would be a mistake here, II because we would lose, the natural biota. I I Mrs. Nancy Hertert, San Juan Road, said we have the opportunity i here to save the pond. She has learned that Monta Vista High ,I School could take care of maintenance of the area. Mid Peninsula ¡ Park District would be more willing to accept this pond 1£ they "i find the maintenance of it is not required of them. She offered ! the information that David Voss made both of these dams on this i property with supervision of his father and grandfather, to be I used as cattle p'onds. He has the distinction of having ice skate~ on these ponds. She also stated that Glenn Moffett, of Foothill i College has said this is the only pond of its kind that he has ' ~j seen. ¡ , I , I I Mr. Bruce Burman, who stated he has lived on Clear Creek Court for 11 years, said the spirit of this proposal is in the right direction. He asked how access will be accomplished. He also asked if there will be any fences along Voss and Alcalde. Mr. Carroll said they will provide sidewalks along Voss Avenue. They want some means of defining private from common property. Any swimming pools will have to be fenced. Access to the pond will be provided. Mr. Francis Wallace 2218 Medina, said De Anza Oaks went wa11-to- I wall with two-story homes along the property 1ine'between the 1 row of 'duplexes along Medina. Proper precautions to save the oak~, were not taken, either. He suggested that with this development:, j' all the two-story units be put in the center of the project and 1 single-story units arm.¡nd the perimeter. He said "they got r~ped I, by De Anza Oaks Subdivision" and doesn' t want that tohapp'en to : the people along Voss Avenue. r , ,PC-215 ;page 5 ", - ,- -'..:) ~ : ;:d:..' PC-21S Page 6 MINUTES OF JANUARY 26, 1976 PLANNING COMMISSION MEETING Mrs. Judy Horst, Cupertino, spoke on behalf of her neighbors who were in attendance at this meeting earlier but had to leave because of babysitters, etc. She said this proposal is a great improvement over the original one of ìoo+ units. She said they are concerned about excessive amounts of grading and filling. She urged the Planning Commissioners to go out and walk the property. She would like to see quality development in Cupertino. Mr. Don Pezzolo, Medina Lane, Cupertino, said there was a huge oak on the De Anza Oaks property across from his property that died. He said that development is an example of poor planning. He would like to see the privacy of the people on Lockwood Drive protected. The view of some of these homes will be obstructed. He was concerned about fire hazard with increased population in the area and the narrow access roads. He urged irrigation of this area. He is in favor of fewer homes and less grading. He said the plans he was given show a large drainage ditch, and he felt it was not clear what happens to the water. Mr. Carroll answered that it will go into the same creek as the water from the spillway and the storm drain empty into. Mr. Pezzolo said he is concerned about what happens when you put 6' fences around each of these homes. This will cut off the view for the others. Open, split rail would be better than solid wood fences. He said $ allowance for landscaping does'not assure landscaping. He recommended something more mandatory be imposed. Comm. Cooper asked if the duplexes are one or two-story. She learned they are two-story. Mr. John Claud said that he will be a property owner on El Prado·' by the end of this week. He was concerned about the visual corridor from El Prado. Mr - Daniel McLean, presently residing in San Carlos, said he owns one of the duplexes on the west side of Lockwood Drive and lived there for five years. He said it would be nice if this area could be public open space. There is a severe drainage problem in his back yard. He understood most of the landscaping will not be native plants; this changes the character of the landscape and would probably require irrigation. This is a heavy water use. He is also concerned about the height of the trees to be used. They could block the view of the residents on Lockwood Drive. There will be a retaining wall at the southwest corner. There is a 2-3' difference in elevation between his patio and fence line. The fences in general behind the duplexes on the west side of Lockwood are'in disrepair. He wondered if they would bereplac~ and if so, at whose expense. He asked if there is any intention of ùndergrounding the present overhead utility lines and if so, at whose expense. ~He asked 1f the structure on Lot 15 could be flip-flopped to keep thè 2-story portion of it from blocking his view. , MINUTES OF JANUARY 26. 1976 PLANNING COMMISSION, MEETING Mr. Carroll said it is not possible to flip the Lot 15 structqre. The existing fence along the west side of Lockwood sits back some 5' from the existing property line, along the easement line ratJie than the property line. They will build their fences along their rear property line. He said that in California, the fenced back yard seems to be a necessity. They are willing to have a,6', privacy fence on half the proper,t)"aild _open: fence onc',the:-p'ther half of the property in the long cul-de-sac area. It may be necessary to put in a wall to achieve lot drainage at the south- east corner. All these engineering problems will be solved because of the potential liabilities. There are some problems with subterranian drainage. It is their intent to use native plants. He believes the fire hazard is reduced when people live in the area. He said this is a single-family, detached house development and not a townhouse project. This PD method is used to achieve open space. They are not anticipating undergrounding the existing utility poles that are no~ on their property. The hydrology report will be made at tentarive map time. The Assistant City Engineer said the open drainage ditch to Voss Avenue won't be acceptable to the City. Comm. O'Keefe said he would have to walk the property a third time before he was prepared to make a decision on this proposal. Comm. Cooper would like a decision to be made on the pond. She was willing to continue this application in order to walk the site. Comm. Adams concurred with the need to walk the site, and that, , additional examination of the data is needed. He had no objectio to the compromise of siting the 50 units on this property. The pond decision is touchy and should be further explored and settled before a decision is made on the application. The burden is on the applicant as to working out the financial responsibilit of the dam site. The hydrology decision will come, with the tentative map. Condition 21 should include the. earth-illoving ~ti - ,tty: co~trol: &, ,restoration 1)f, ground cover--'sha"J:be accotñpl:l:shed. Comm. O'Keefe observed that the two-story units to the east, present some intrusion on the existing homes. - ..:.: Chairman Gatto complimented the applicant and the audience for their specific comments at this lengthy hearing. He said ~here will be quite a few children on this site, based on the s~a of the homes, and where and how they go ahould be addreased'." ~re specific grading plans are needed. This plan is more linear' than the original. He would like to see more random placement of, the structures, as was done in the original pJ.,an. What about tþe slippage area? The fence program should be brought to the Planni Commission. Generally, he felt the proposal was a good one. 1 PC-2l5 Page 7 ,~ q PC-215 Page 8 MINUTES OF JANU'ARY 26, 1976 PLANNING COMMISSION MEETING Comm. Woodward suggested that the cost of having an engineering study pf the-safety, of the c;1am s1:.ryc,t:ur"" pr~bably ~utweigbs the cost of #f!!lcing of the, pond; '!re opted for' the split rail fencing of the common areas fröntin~'oftVoss Avenue. - ;.-;~;.:. ~;.~'; . i l6-U-75 and I Moved by Comm. O'Keefe, seconded by Comm. Woodward to continue applica- l6-TM-75 cont'd I tion 16-U-75 and l6-TM-75 to February 9, 1976. to Feb. 9th I I At the next hearing Comm. Cooper would like an indication on the plans where the large, existing trees are. Also, she said it would be difficult for her to approve this proposal if the pond were to be drained. Results Way to be abandoned AYES: NOES: Comm. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto None Motion carried, 5-0 Chairman Gatto ~al1ed a recess at 10:45 p.m. The meeting reconvened at 10:55 p.m. Comm. O'Keefe left the meeting at this point. Chairman Gatto announced the fact that no new items would be initiated after midnight. 3.CITY OF CUPERTINO: ABANDONMENT OF PUBLIC STREET, Results Way, westerly of Bubb Road. First Hearing. The Planning Director said that at the present time, this only involves Measurex Corporation. The public utility easement retention is, ~equested. Measurex Plant Engineer Wes Burgen said they would like to apply for abandonment of this street as a public thoroughfare, and are agreeable to the public utility easement. They plan to leave this street much as it is now and 'stated that to add a 60' diameter turning circle would be of no use to Measurex. They would prefer to have that street came out as it does now and to fan out their traffic. Mr, Burgen answered Comm. Cooper that they would maintain that street at such time as it needs surface treatment. Since there were no comments from the audience, it was moved by Comm. Woodward, seconded by Comm. Cooper to close the public hearing. Motion carried, 5-0 Moved by Comm. Woodward, seconded by Comm. Adams to recommend to the City Council abandonment of Results Way westerly of Bubb Road and that the public utility easement be maintained. AYES: Comm. Adams, Cooper, Woodward, Chairman Gatto NOES: None ABSENT: Comm. O'Keefe Motion carried, 4-0 MINUTES OF JANUARY 26. 1976 PLANNING COMMISSION MEETING _ PC-215 Page 9 ?." S'''J= : ; 1~£. . 4. Application 2-V-75 of VERNON MILLER: VARIANCE to add to a nonconforming structure. Said property is located at 10345 Tula Lane. First Hearing. I The Planning Director referred to details of the January 23, 1976! memo on this matter and showed colored slides of the site. Construction was begun without building permit in 1974. The plan showed the relationship of the 20 x 40' addition to the existing norlconforming structure. A since-expired tentative map was displayed on the bulletin board giving an overview of the area that was approved by the City. , ,I site! , ~ '"" , " ~ -,~,-t'.. . - «::" :' ,. <7-·;- . ;',' ~ Attorney Michael Field, Cupertino, said he was representing Mr. Miller on this matter. He said we are dealing with a very specific circumstance and a specific request. For lack of a better term, this has been quoted as a request for a variance. It was his contention that the entire 40 x 60 existing concrete slab with existing 40 x 40 structure on it is nonconforming, They are not seeking to extend the slab. This is a very rural section of Cupertino and is not consistent with the General Plan. This is a combination residence and business. There are three such operations in t~e immediate area. The Assistant City Attorney said that if this is an expansion of a nonconforming use, then by law it cannot be allowed, If the Planning Commission determines it is not an expansion, then the applicant should file for a building permit. The Planning Director said it is not consistent with the General Plan; therefore, an environmental impact report would be requir,~. After reviewing the proposal, the Environmental Review Committee concluded the applicant is entitled to his "day in court", and it was decided the only applicable vehicle was the variance procedure. After quoting from the Ordinance, the Assistant City Attorney advised that it was his opinion this proposal constitutes a structural alteration. Camm. Cooper was interested in what bearing the existence of the concrete slab would have. Comm. Woodward wondered if the equipment was set outside on the _ slab with or without the roof and outside walls and whether this would constitute expansion of use rather than expansion of building. Mr, Field said this is a question of expansion of use because the slab has been used in the same manner as the rest of the slab. It was his opinion that the proper vehicle here is a building permit. ". : .;,. ¿Ð;~ ,:JiJ sd .',~. -, (- -'.. PC-2lS Page lO 2-V-75 denied MINUTES OF JANUARY 26. 1976 PLANNING COMMISSION MEETING Comm. Adama wa~ answered by Attorney Field that this is a mixture of storage and repair of appliances. Comm. Woodward did not believe this should require a variance, but rather an application for change in zone. Chairman Gatto said it is unfortunate, but this falls outside the purview of this body for granting a variance in this instance. Comm. Cooper said Tula Lane is unique and if she could find a vehicle that would allow the applicant to continue walling in this structure she would go along with it. Mr. Field said Section 30 of Ordinance NS1200 that was quoted by the Assistant City Attorney gives emphasis to the wrong thing. This use is not being enlarged. The Assistant City Attorney said this is State and County Law. It is the way' to discourage proliferation of nonconforming uses. Moved by Comm. Adams, seconded by Comm. Woodward to close the public hearing. Motion carried, 4-0 Moved by Comm. Woodward. seconded by Comm. Adams to recommend to the City Council denial of application 2-V-75. This Commission has determined this to be a structural alteration of an existing nonconforming use. ... AYES: NOES: ABSENT : Comm. Adams, Cooper, Woodward, Chairman Gatto None Comm. 0 'Keef e Motion carried, 4-0 The applicant was told this goes to the City Council February 17, 1976. S. Application lS-U-7S of SOBRATO-BERG PROPERTIES: USE PERMIT to allow approximately 8.000 sq. ft. of an existing building to be utilized as a health clinic and therapy studio. Said property is located at the southwest corner of the interaection of Valley Green and Bandley Drive. First Hearing. The Assistant Planning Director reviewed the January 23, 1976 staff memo concerning the proposed quasi-public use. Further data received by the City indicates the applicant would be within the trip end constraint. MINUTES OF JANUARY 26, 1976 PLANNING COMMISSION MEETING I j , I \ , I 'PC-21S ,Page 11 I ""4 ~~ i. S i Dr. Grady L. Jeter, Secretary-Treasurer of S oM.A.R.T. Clinic, Inc.;, explained this is their first unit in the Bay Area. They have i others in Garden Grove and throughout the 'Country. "He- noted"this ' is for serious training for professional and recreation athletes. He answered Comm. Cooper that they probably would close at 9 p.m. I Since there were no comments from the audience, it was moved by "1 Comm. Adams, seconded by Comma Woodward to close the public hearirtg. Motion carried, 4-0 Moved by Comma Cooper, seconded by Comm. Adams to approve tion lS-U-75 as recommended by the staff. applica~ l5-U-75 approved AYES: NOES; ABSENT : Comma None Comm. Adams. Cooper, Woodward, 'Chairman Gatto O'Keefe Motion carried, 4-0 This will go to the City Council on February 2nd. I 6. Application l-Z-76 of CITY OF CUPERTINO; REZONING 20 + acres! from R3-2.2 (Residential, multiple, 2,200 sq. ft. per dwelling unit) zone to P (Planned Development with residential land , , use intended with a density of 0-4 units per acre) or whateve~ zone may be deemed appropriate by the Planning Commission. ~i Said property is located adjacent to and westerly of Foothill" Blvd., opposite the intersection of Alpine Drive and Foothill Blvd. First Hearing. , ~' ..¡; CONTINUED TO FEBRUARY 23rd. 7. Applicat ion 2-Z-76 of CITY OF CUPERTINO: REZONING 13+ acres from R3-2.2 (Residential, multiple, 2,200 sq. ft. per-dwelling unit) zone to P (Planned Development with residential land ' use intended with a density of 0-4 units per acre) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the western terminus of Voss Avenue. First Hearing. The Assistant Planning Director reviewed details of the January 22, 1976 memo on this application. The purpose of this applica- tion is to establish specific guidelines to bring this property into conformance with the General Plan. PC~2l5 Page l2 MINUTES OF JANUARY 26, 1976, PLANNING COMMISSION MEETING There is the possibility that an earthquake fault line runs through this property. The staff was suggesting that before any development takes place on this propety, this should be investigated. Another consideration is the extension of the walkway from De Anza Oaks because school children walking along Stevens Creek Blvd. could be very dangerous. The Assistant Planning Director then reviewed the staff's recommendations for conditions of approval. Chairman Gatto commented that if the Hillside Zoning is adopted, we are looking at 14 únits on this l4-acre property. He believes 0-1 is more appropriate than 0-4 density. In the event the City Council changes the formula, the Planning Commission could review this again. Mr. William.W."Hedley, Campbell, representing Eureka Federal Savings and Loan, stated they are violently opposed to this rezoning. They indirectly and inadvertently became owners of this property. They have been paying taxes on it, based on the multiple zoning. In the two yeats he has been working f'or Eureka he said they have delayed any action on development of this property upon the advice of the City staff. If this type zoning is forced upon them, he said there is no recourse but to seek legality through the courts. Mr. John Claud, ~o just became a property owner on El Prado, noted that this property in question is extremely steep, The psychological effect of people up there looking down on him is not pleasant. He urged the Planning Commission to consider very low density for this property. ¡~' ~ Mr. Don Pezzolo, Medina Lane, said 0-1 is more appropriate than 0-4; especially the O. It is unfortunate the owner is stuck with thi~ land. It is even more unfortunate that he would consider placing an apartment house on this steep property. He said that whole section should be kept very low density. He suggested something could be worked out with the Mid Peninsula Regional Park District for recreational use here. - ' Moved by Comm. Adams, seconded by Comm. Woodward to close the public hearing. Motion carried, 4-0 2~Z-76 approved Moved by Comm. Woodward, seconded by Comm. Adams to recommend to the City Council approval of application 2-Z-76 as recommended by the staff except the density range should be 0-1 instead of 0-4. AYES: NOES: ABSENT: Comm. Adams, Cooper, Woodward, Chairman Gatto None Comm. 0 'Keefe Motion carried, 4-0 This will go to the City Council on February 17th. MINUT!S OF JANUARY 26, 1976 PLANNING COMMISSION MEETING UNFINISHED BUSINESS 8. Application 9-U-75 of HOME FEDERAL SAVINGS &. LOAN ASSOCIATION OF SAN DIEGO: USE PERMIT to allow construction of a two-, story branch office in a planned development zone. Said property is located in the southeast quadrant of Stevens Creek Blvd. and Wolfe/Miller intersection. (City Council referred it back to Planning Commission for report.) The Planning Director reviewed the January 23, 1976 memo on this matter. the site plan iDdicated access to Richwood Court closed off aDd the parking in that area has been deleted. the staff reviewed this new site plan aDd fouDd it continues to function aDd has suff icient parking spaces. One question at this point is whether or not Condition 21 must be upheld. Comm. Adams was answered that removal of the parldng to the south did not present any future problems. Comm. Adams said he did not obj ect to deletion of Condition 21. Chairman Gatto said this plan allows a much wider range of uses of that back property, whereas installation of the greenery on the back portion could inhibit use of that property. Comm, Woodward said he would at least like to see the street trees installed . Developer Victor Stark, P.O. Box 2Ó70, San Diego, Ca. 92112, asked for permission to move the building 5 feet closer to Stevens Creek Blvd. to allow adequate aisle width in the parking area. Chairman Gatto said that at this point, we must abide by th,e ,,';'" SO' buffer"along Stevens Creek B~vd. PC-2lS Page 13 " ',' .. Moved by Comm. Adams, seconded by Comm. Woodward that Exhibit A ,9-11-75 Exhibit ~ Second Revision has been reviewed and is approved subj ect to 50' Sécond Revision landscaped buffer along Stevens Creek Blvd. and 20' along Miller. approved as modified AYES: NOES: ABSENT : Comm. Adams, Cooper, Woodward, Chairman Gatto None Comm. O'Keefe Motion carried, 4-0 This will go back to the City Council February 2nd. ,,"-' ''',,:£1:.