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PC 06-22-81 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, Ca. 95014 Telephone: (408) 252-4505 PC-3s9 Page 1 MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION MEETING CALL TO ORDER/SALUTE TO THE FLAG 7 :30 p. . ROLL CALL: Present: Commissioner Adams Commissioner Binneweg Commissioner Blaine Commissioner Koenitzer Chairman Claudy APPROVAL OF MINUTES The Minutes of the Regular Meeting of June 8, 1981 were approved after th following corrections: Page 3, third paragraph, seventh line, "and" to be deleted and a period added. Page 3, third paragraph, ninth line, "Blue Jay" to be replaced with "Homestead". Page 4, tenth paragraph, "might jointly address" to be replaced with "should review". Page 9, twelfth paragraph to read: "COM. KOENITZER suggested investigati n of adding sound walls on the east side of Blue Jay to reduce the noise levels in Northpoint.1t Page 9, third paragraph to read: "COM. ADAMS recommended that a westboun left turn on Homestead should be only from Blue Jay." Page 13, second paragraph, "the school" to be replaced with "a school". SECOND: VOTE: Com. Koenitzær, to approve the Minutes of June 8, 1981 as amended. Com. Blaine PASSED 5-0 MOTION: The Minutes of the Regular Meeting of October 27, 1980 were approved after the following correction: Commissioner Blaine to be shown as absent. MOTION: Com. Adams, to amended. SECOND: Com. Koenitzer VOTE: PASSED (Com. Blaine abstaining she was not a Member of approve the Minutes of October 27,1980 as 3-2abst since she was absent and Com. Binneweg" since the Commission at that time). PC-359 Page 2 MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION MEETING WRITTEN COMMUNICATIONS A copy of a letter from Mr~. R. Johnson addressed to the Council, favoring construction of the subsidized handicapped apartments on Bianci Way. ORAL COMMUNICATIONS PUBLIC HEARINGS: ITEM #1, Applications l2-U-8l and 9-TM-8l of 1st FINANCIAL AND GUARANTY: USE PERMIT to construct an office building consisting of approximately 29,000 sq. ft.; TENTATIVE MAP to subdivide the proposed 29,000 sq. ft. office building into approximately 40 office condominium units and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property consists of 1.8 acres located on the north side of Stevens Creek Boulevard approximately 300 ft. west of Portal Avenue in a P (Planned Development with commercial and office use intent) zoning district. First Hearing continued. Tentative City Council hearing .date - July 6, 1981. CHR. CLADDY announced that the applicant had requested a postponement until July 13, 1981. He inquired whether anyone in the audience intended to address the Commission on the particular Item, but there was no response. MOTION: Com. Koenitzer, to continue Applications l2-U-8l and 9-TM-8l until the Regular Meeting of July 13, 1981. Com. Adams· PASSED 5-0 SECOND : VOTE: CHR. CLADDY explained that since the next four Items were separate but linked, one Staff report only had been prepared, but that each Item would then be discussed separately. ITEM #2, Application 9=Z-8l of CITY OF CUPERTINO (P.G. & E. SITE): REZONING approximately 22± acres from ML (Light Industrial) zone to BQ (Quasi-Public Building) zone or whatever zone may be deemed appropriate by the Planning Comnission and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property consists of an existing Pacific Gas & Electric facility located on the north- east corner of Highway 280 (Junipero Serra Freeway) and North Blaney Avenue. First Hearing. Tentative City Council hearing date - July 20, 1981. ITEM #3, Application 10-Z-8l of CITY OF CUPERTINO (ST. JOSEPH'S CHURCH SITE): REZONING approximately 6.5 acres from CG (General Commercial), Rl-lO (Residential Single-family, 10,000 sq. ft. minimum lot size) and R3 (Multiple Family Residential) zones to BQ (Quasi-Public Building) zone or whatever zone may be deemed appropriate by the Planning Commission and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property consists of the existing St. Joseph's Catholic Church and School located on the east side of De Anza Boulevard approximately 100 ft. north of Stevens Creek boulevard. First Hearing. Tentative City Council hearing date - July 20, 1981. MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION MEETING ITEM 114, Application 11-Z-8l of CITY OF CUPERTINO (BUBB ROAD PERCOLATION POND): REZONING approximately 5 acres. from CG (General Commercial) zone to BQ (Quasi-Public Building) zone or whatever zone may be deemed appropriate by the Planning Commission and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property consists of the existing Santa Clara Valley Water District percolation pond located on the southeast corner of Bubb Road and McClella Road behind the existing Shell Service Station. First Hearing. Tentative City Council hearing date - July 20, 1981. PC-359 Page 3 IT Ell 115, Application l2-Z-8l of CITY OF CUPERTINO (DE ORO CLUB SITE) : REZONING approximately 1.4 gross acres from Al-43 (Agricultural Residentia , 43,000 sq. ft. minimum lot size) zone to BQ (Quasi-Public Building) zone or whatever zone may be deemed appropriate by the Planning Commission and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on th north side of Homestead Road approximately 180 ft. east of De Anza Bouleva d. First Hearing. Tentative City Council hearing date - July 20, 1981. CHR. CLAUDY observed, for the benefit of the audience, that nothing would change on any of the sites and that the Hearings were a legal technicality Assistant Planning Director Cowan added that the reason for the Public Hearings was that State Law stipulated the City Zoning Map should be consi - tent with the General Plan, and advised that in all cases the prpposed zoning was not only consistent with the General Plan but also with the actual uses on the property. In regard to Item #2, he reported that because of the use as a P.G. & E. substation, it was proposed to be zoned from Light Industrial to Quasi- Public. For the benefit of the audience, he showed an exhibit and describ d the location. COM. KOENITZER had reviewed the Ordinance and observed that Quasi-Public zoning specifically did not permit maintenance and storage yards. He felt that since the site was used by P.G. & E. partly for these activities the Quasi-Public Ordinance might need some updating. Assistant Planning Director Cowan had assumed that the major activity at the site was a training center for P.G. & E. personnel, but acknowledged that if there was a cOD.f1ict either the Ordinance would have to be amended or the site rezoned to industrial. Staff felt that the latter would be unsatisfactory, he said. COM. ADAMS suggested removing the Item from the Agenda for further investi gat ion. CHR. CLAUDY thought the zoning could be looked upon as an underlying ultimate zoning with a non-conforming use. COM. ADAMS added that there were current agricultural. zones which were zoned differently. COM. BLAINE wondered if a non-conforming use would encumber the Title, etc. MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION MEETING PC-3s9 Page 4 Assistant Planning Director Cowan explained that the non-conforming activities could not be expanded, and if the facilities were to be modified there would have to be a Use Permit process. COM. KOENITZER had no objection to the uses, he said, but wanted to point out that two functions taking place, storage and maintenance, were forbidden by the Ordinance and that there was no exception for a special Use Permit. COM. BLAINE observed that in the event of expansion there would have to be a Variance in addition to a Use Permit. Assistant Planning Director Cowan advised that a Use Variance would be illegal, but that the uses could be classed as non-conforming activities. COM. ADAMS wondered whether the training area was on the easterly border, but this could not be established. Donn Shearer, 19820 Homestead Road, said he lived on the eastern border at the northeast corner, and wanted confirmation that the site was being brought into conformance only, and that P.G. & E. would not be allowed more . freedom as a result. CHR. CLAUDY confirmed this. COM. BLAINE wondered if Mr. Shearer knew the use of the easterly border. Mr. Shearer said he did not, as there was a high retaining and sound wall, but that he had been concerned about expansion there. COM. ADAMS established with Staff that P.G. & E. had had no comments about the rezoning. CHR. CLAUDY, in summary, said there was a choice of considering the zoning an underlying zoning and making the change, or withdrawing the item from the calendar. COM. KOENITZER suggested that since the City Attorney was not present, it might be best to continue the item for two weeks to get his opinion. MOTION: SECOND: VOTE: Com. Blaine, to continue Application 9-Z-8l for two weeks until July 13, 1981. Com. Adams PASSED 5-0 Assistant Planning Director Cowan, reviewing the St. Joseph's site, explained that it was presently master-planned in two different categories, with the school only as a Quasi-Public activity, the General Plan having a floating edge between Commer~ial activities and Quasi Public Activities on Stevens Creek Boulevard. He advised that Staff suggested, since the ultimate boundary between these activities was unknown, that the en~ire property be zoned Quasi- Public, including a single-family structure on Stevens Creek Boulevard and a common driveway serving several properties, as the General Plan allowed Quasi-Public activites in a Commercial zone. Mr. Alf Modine, 10385 Prune Tree Lane, wanted an explanation of Quasi- Public zoning and confirmation that it did not include public housing developments. CHR. CLAUDY gave a definition and confirmation. MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION MEETING PC-359 Page 5 MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOT ION : SECOND: VOTE: Com. Adams, to close the Public Hearing. Com. Binneweg PASSED 5-0 Com. Blaine, to recommend the Negative Declaration of the Environmental Review Committee. Com. Koenitzer P AS SED 5-0 Com. Blaine, to recommend approval of Application 10-2-81. Com. Adams PASSED 5-0 Assistant Planning Director Cowan went on to Item #4, Bubb Road percolation pond, and noted that the 1 acre pond directly across from it had been forgotten in the advertisement, but confirmed that this would be dealt with at a later time. There was some discussion on the way the Item had been advertised, and it was established that the intended zone was BA, Public Agency Use. Mr. Sam Isaac, 8119 Park Villa Circle, President of the Homeowners Associa- tion at that location, wanted a definition of public use. CHR. CLAUDY explained the BA zoning meant the property would be used for a public purpose, but that public access was not being considered. Mr. Isaac wondered if it could be opened to the public at a later time. CHR. CLAUDY told him that the City had little control over such public entities as the Water District, that they could make various physical changes to the site without permission, though they were unlikely to, but that they could not, for instance, build houses, stores, etc., there without City permission. Mr. Alf Modine speculated on the change in the tax base that might occur with zoning changes, i.e., Light Industrial to Quasi-Public. CHR. CLAUDY established that the zoning changes would not alter the taxable status of the properties. MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: Com. Koenitzer, to close the Public Hearing Com. Blaine PASSED 5-0 Com. Adams to recommend the Negative Declaration of the Environmental Review Committee. Com. Koenitzer PASSED 5-0 Com. Adams, to recommend approval of Application 11-Z-81. Com. Blaine PASSED 5-0 PC-3s9 Page 6 MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION ~lliETING Assistant Planning Director Cowan described the location of Item #5" the De Ora Club, which, he observed, since it was a fraternal club,fitted in with the Quasi-Public zoning designated for the site in the General Plan, though it was currently zoned Agricultural. Staff was therefore recommending that it be zoned Quasi-Public, he said. MOTION: SECOND: VOTE: Com. Adams, to close the Public Hearing. Com. Koenitzer PASSED 5-0 MOTION: Com. Koenitzer, to accept the Negative Declaration of the Environmental Review Committee. Co. Binneweg PASSED 5-0 SECOND: VOTE: MOTION: SECOND: VOTE: Com. Koenitzer, to recommend approval of Application l2-Z-Bl. Com. Binneweg PASSED 5-0 UNFINISHED BUSINESS NEW BUSINESS REPORT OF PLANNING COMMISSION CHR. CLAUDY had received a letter from the County of Santa Clara Planning Commission, to the effect that the Board of Supervisors was considering cutting the County Planning Commission budget by an additional 70%, and suggesting that the Cupertino Planning Commission send a letter to the Board to urge a more reasbnab~e approach. COM. BLAINE wanted more background on the County Planning Commission. Assistant Planning Director Cowan reported that over the past two years, and including the proposed cut, the County Planning Commission staff would have been cut from 60 people to 10, so that services, such as data research and the whole transportation base, that Cupertino had rp.ceived in the past, would no longer be available. He ad~ed that the County planning function in regard to such regional centers as Vallco would also be gone. COM. ADAMS wondered if there would still be a County Planning Commission. Assistant Planning Director Cowan felt that without the staff there would not be. It was established that cities, however, had to have planning commissions. CHR. CLAUDY felt it would be improper to send a letter from Cupertino Planning Commission advising the Board of Supervisors on their business. Assistant Planning Director Cowan added that the extent of cuts was unknown. COM. BLAINE suggested that City Council should be the body to send a letter, since they would be able to make a decision on the importance of the County Planning Commission to the City of Cupertino. MINUTES, JUNE 22, 1981 REGULAR PLANNING COMMISSION MEETING rC-3s9 Page 7 After a short discussion, it was felt that a Minute Order to Council would be appropriate. SECOND: VOTE: Com. Koenitzer, to send a MINUTE ORDER to City Council, directing the County Planning Commission letter to them for their consideration. Com. Blaine PASSED 5-0 MOTION: COM. KOENITZER noted that there had been no developments at the Tank House site. CHR. CLAUDY wondered why City Council had continued the Silver Oaks West item for two weeks. They were' doing a good clean-up job, he thought. Assistant Planning Director Cowan advised him that the Applicant had not been at the Meeting. CHR. CLAUDY left for perusal of the Commission several publications that he had been receiving since taking over as Chairman. COM. BLAINE had a question on the Minutes of the City Council Meeting of Ju e 1, regarding an urgent addition to the code regulating second-hand dealers. Sh wanted to know the reason for the urgent actior:. , but since nobody kne'i.v, she decided to call to get an explanation. REPORT OF PLANNING DIRECTOR MEETING ADJOURNED 8.18 p.m APPROVED: ATTEST: ,,~ tZ~'Q