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PC 10-26-81 " CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014-3255 Telephone: (408) 252-4505 PC-367 Page 1 MINUTES HELD ON OF THE REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 26, 1981 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA The meeting was called to order by Vice Chairperson Adams at 7:35 p.m. in the Council Chamber of City Hall. SALUTE TO THE FLAG ROLL CALL Comm. Present: Comm. Absent: Adams, Binneweg, Blaine, Koenitzer Chairperson Claudy Staff Present: Director of Planning and Development Sisk City Clerk Cornelius Assistant Planning Director Cowan City Attorney Kilian Director of Public Works Viskovich (7:40 p.m.) APPROVAL OF MINUTES: It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously by those present to approve the minutes of the October 12, 1981 Planning Commission meeting as amended. The amendment was on Page 4, proposed Condition 20, which should read, "Additional parking shall be provided on the properties with access to Stelling Road." October 12 minutes approved POSTPONEMENTS OR NEW AGENDA ITEMS - None liRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None PUBLIC HEARINGS 1. Application 33-U-79 of Gregg C. Bunker (Photo Drive-up): Initiation by the City of Cupertino to consider the revocation of the Use Per- mit 33-U-79 (allowing the operation of a drive-up window) because of non-compliance with conditions of approval. Said property is located at the northwest corner of Wildflower Way and Saratoga- Sunnyvale Road in a C-l (commercial) zoning district. Public Hear- ing closed. Director of Planning and Development Sisk informed Council that the ap- plicant had submitted his documents and fee and has met conditions. Therefore, the agreement shall be presented to the City Council for con- sideration at their meeting of November 2, 1981. The City Attorney re- quested that this application be continued to the next Planning Commis- sion meeting. (City Clerk's note: Director of Public Works Viskovich arrived at 7:40 p.m.) PC-367 ~e 2 J-U-79 con- tinued Public hear- ing reopened Public hear- ing closed Approval of 19-TM-8l recommended Condition 15 amended r-· dition MINUTES OF THE OCTOBER 26, 1981 PLANNING COMMISSION MEETING It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unan- imously by those present to continue Application 33-U-79 to the Planning Commission meeting of November 9, 1981. 2. Application 19-TM-8l of Hugh F. Jackson: Tentative Map to resub- divide three existing parcels consisting of a total of one gross acre into four parcels ranging in size from 7,500 sq. ft. to 10,700 sq. ft. and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the south side of Cupertino Road approximately 100 ft. east of Foothill Boulevard in an Rl-7.s (Residential Single-family, 7,500 sq. ft. minimum lot size) zone. First Hearing continued. Tentative City Council hearing date - November 2, 1981. Assistant Planning Director Cowan informed Commission that the public hearing on this application had been closed at their last meeting. City Attorney Kilian informed the Commission that they could reopen the public hearing. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unan- imously by those present to reopen the public hearing to allow for discussion. Mr. Hugh Jackson stated that he had contacted Mr. Hodge and Mr. King, the owners of APN 326-50-18, and they were not asking any other ingress/ egress other than that they already have. He requested that the Commission approve the plot plan as submitted and that any easement be considered at a future date. Mr. Frank King stated that he had recently become aware of the question regarding easement. He stated a preference that the easement rights go through Lot 116 directly to Foothill Boulevard. He was informed that staff would not recommend a curb cut in that area of Foothill. Mr. Hugh Jackson stated that he did not see any practical development of Lot 116 in the near future. He was informed by staff that a plan had been approved for a portion of Lot 116. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously by those present to close the public hearing. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously by those present to recommend approval of Application 19-TM-8l per Planning Commission Resolution No. 2254 with Standard Conditions 1-14 and Condition 15 amended to read as follows: 15. That the approval is based upon Exhibit A-I dated October 26, 1981 of Application 19-TM-8l as may be modified by additional conditions contained herein. Condition No. 16 shall read as follows: 16. A 24 inch Oak tree located in close proximity to the 20 ft. corridor serving Parcel 3 shall remain. The retention of the tree may result MINUTES OF THE OCTOBER 26, 1981 PLANNING COMMISSION MEETING in the need for a slight crescent shaped dedication to provide for circulation space to route sidewalk and utilities away from the trunk. The precise location of the easement or right of way shift shall be left to the discretion of the Public Works Director. Condition No. 17 is amended to read as follows: 17. The applicant shall provide a minimum 20 ft. ingress/egress easemen for sole use of APN 326-50-18 to be located at the westerlymost tip of Parcell. The 20 ft. driveway easement shall be to the benefit of the property located to the south and shall provide for the elimination of egress of this property onto Foothill Boulevard. The easement shall be no closer than 5 ft. to the beginning of the corner radius on Cupertino Road. The easement shall be precisely located on the final parcel map prior to recordation. This approval is subject to findings as set forth in the staff report. 3. Application 20-TM-8l of Kirkeby & Associates: Tentative Map to record a single lot located at the southeast corner of Stelling Road and Highway 85 right of way approximately 450 ft. north of West Hill Lane. Environmental Review: The project is categorically exempt, hence, no action is required. First Hearing continued. Tentative City Council hearing date - November 2, 1981. The Commission was informed that Mr. Neofotistos had not provided docu- mentation that the property had been a legal buildable lot while a part of the City of San Jose. Mr. Manuel Telles, adjoining property owner, stated that he had gone to the City of San Jose and had been told that it was not a buildable lot as it was too small and no variance had been requested. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unan- imously by those present to close the public hearing. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unan- imously to recommend denial of Application 20-TM-8l per Planning Com- mission Resolution No. 2255. 4. Application l-GPA-8l of City of Cupertino: Public Hearing to con- sider a General Plan Amendment involving the Town Center Planning Area. The Town Center Planning Area is generally bounded by Stevens Creek Boulevard, Blaney Avenue, Rodrigues Avenue and De Anza Boule- vard. First Hearing. City Council hearing date to be determined. S. Application 7-U-8l of Lincoln Property Company N. C. Inc.: Use Permit to construct two office buildings equaling a total of 130,000 sq. ft. in a P (Planned Development with commercial/office and resi- dential, maximum 30 dwelling units per gross acre intent) zone. The subject property is located on the north side of Rodrigues Avenue from De Anza Boulevard to a point approximately 400 ft. easterly of Torre Avenue. First Hearing. City Council hearing date to be determined. PC-367 Page 3 Condition 17 amended Public hearing closed 20-TM-8l rec- ommended for denial r 167 PU.oe 4 ~IINUTES OF THE OCTOBER 26, 1981 PLANNING COMMISSION MEETING Assistant Planning Director Cowan stated that his staff was directed to prepare an amendment to present to the Environmental Review Committee. The application could come back to the Planning Commission at their November 9, 1981 meeting if an Environmental Impact Report were not required. Com. Koenitzer stated that in the past there had been an attempt to have integrated development at Town Center. The present request would eliminate that. He also asked why the 16 trip ends used in the rest of the Stevens Creek Boulevard and De Anza Boulevard was not being recom- mended for Town Center. Com. Blaine stated that the 16 trip ends in the rest of the area was to allow for higher density at Town Center. The overall picture of the area had been addressed. Director of Public Works Viskovich stated that a traffic review and update would be needed with the growth occurring along Stevens Creek Boulevard and De Anza and that some improvements would have to be made regardless of development of Town Center. Brian Lindsay asked for a definition of trip ends which he was given. Deryl Cram, Cupertino Union School District, informed the Commission that the school district is interested in Town Center property. The district office is currently on Vista and the school district has held discussions with both Cali representatives and Lincoln Properties regarding parcels in the Town Center for a new district office and other buildings that could be used for a public service type function. Mr. Barry Goss, Rodrigues Avenue, stated that he did not want high density commercial and residential. He also expressed a concern regarding the traffic on Rodrigues. He felt that there are already enough shopping centers in the area. He expressed opposition to commercial and high density in Town Center. He felt that further development would require widening of De Anza Boulevard and asked if the removal of stores along De Anza near Stevens Creek was a part of the plan. Director of Public Works Viskovich informed him that there were no plans at this time to widen Rodrigues and he did not want traffic to impact neighborhoods. Mr. Goss suggested that the Town Center Planning Area be made a park or a town center with a park-like setting. Mr. Larry Matheny, Rodrigues Avenue, inquired as to the time sequence - would Stevens Creek Boulevard and De Anza Boulevard intersection be improved or would the property be developed first. He also asked if the predicted flow can be verified at a later date. He also asked if the Commission would be hearing details on the proposed projects for the area. He was informed that a use permit pertaining to proposed development in the area would be addressed at the Planning Commission meeting of November 9, 1981. Mr. John Foster, Rodrigues Avenue, expressed the op1n10n that in families with two working people, if there are 30 units, that would be 60 trips. He also inquired how 30 units per acre could be justified for single- MINUTES OF THE OCTOBER 26, 1981 PLANNING COMMISSION MEETING PC-367 Page 5 family homes. He was informed this was the type of item that would be addressed at the November 9 hearing for the use permit. Marsha Matheny, Rodrigues Avenue, asked if the Town Center would be more densely developed than other areas, would it be commercial office or residential, and which is the best generator of income. Mr. Wes Philips, Scofield Drive, objected to traffic going through neighborhoods. He requested that the De Anza Boulevard traffic signals be improved. He expressed opposition to commercial and a density that would put a lot of traffic on Rodrigues. He suggested water drainage type ditches to slow traffic. Mr. Goss asked if the impact on the educational system had been studied when higher density goes into an area. Assistant Planning Director Cowan suggested that the General Plan Amend- ment for the Town Center allow for office emphasis with a 25 trip end factor. He stated that some entertainment facilities and restaurants had been mentioned in the consultants report. Comm. Blaine stated she would like more information regarding the pos- sible use of the area for an entertainment facility and/or a restaurant. Carom. Binneweg expressed a belief in a laissez faire type attitude. She felt that as the developer does do feasibility studies, he or she knows the market. She expressed favor for office and restaurant facil- ities in the Town Center area. Com. Koenitzer did not see a present need for commercial development. He stated there is a need to look at the area with a long-range type attitude. He expressed support for the 16 trip ends per acre. Com. Adams stated that the General Plan does appear to need an update. He further stated that increased office space seemed all right but that he had reservations regarding the trip ends. He was not comfortable with 25. Com. Blaine stated that the higher density of land use at the Town Cente had been planned. Mr. Burch Boone, Lincoln Property Co., inquired about the traffic study currently scheduled to be done by the Citizens Goals Committee consult- ant. lie asked if the commission would need that information to make any decision. The Commission stated it would not. Director of Planning and Development Sisk informed the Commission that a status report on this item would be presented to the City Council at their meeting Monday, November 2, 1981. PC-367 Page 6 l-GPA-8l and 7-U-8l contin- ued 4 -TM-80 ex- tended MINUTES OF THE OCTOBER 26, 1981 PLANNING COM}!ISSION MEETING Mr. Tom O'Donnell, attorney representing the Cali property, told Commission that he would like to see the financial study prepared for the area. He felt that 16 trip ends applied to Town Center would be a step backward. It \Jas moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously by those present to continue Applications l-GPA-8l and 7-U-81 to the regular meeting of November 9 at which time it will come back with recommendations. UNFINISHED BUSINESS 6. Application 4-TM-80 of Edward Gray - Request for extension of Tentative Map. It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously by those present to approve the request for extension of Tentative Map. The meeting was adjourned at. 10:05 p.m. APPROVED: "-'ß.~ &~/ "';:........ - John Claudy, Chairman,' / ') '- ) / ATTEST: ,~ £t1,~