PC 02-09-81
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, Ca. 95014
Telephone: (408) 252-4505
PC-350
Page 1
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
CALL TO ORDER/SALUTE TO THE FLAG
7:30 p.m.
ROLL CALL:
Present:
Commissioner
Commissioner
Commissioner
Commissioner
Chairman
Adams
Binneweg
Blaine
Claudy
Koenitzer
APPROVAL OF MINUTES
The Minutes of the Regular Adjourned Meeting of September 10, 1980 were
approved after the following corrections:
Page 12, first sentence, delete "an element".
Page 6, third paragraph, third sentence change to read "There were plans
this year to intercoanect the signals on de Anza Boulevard from Homestead
to Bollinger".
SECOND:
VOTE:
Com. Adams that the Minutes of September 10, 1980 be approved as
corrected.
Com. Blaine
Passed 4-1
MOTION:
-
Com. Claudy abstaining, since he was not present at the Meeting.
The Minutes of the Regular Meeting of September 29, 1980 were approved
after the following corrections:
Page 5, fifth paragraph, "10/12 units" should read, 1110/20 units".
Page 8, second paragraph, third line, "needed to" should read IIcould".
Page 12, third paragraph, "Murray 01 Shea" should read "Maurice O'Shea".
SECOND:
VOTE:
Com. Adams that the llinutes of September 29, 1980 be approved as
corrected.
Com. Claudy
Passed 4-1
MOTION:
Com. Binneweg abstaining, since she was not present at the Meeting.
The Minutes of the Regular Meeting of January 12, 1981 were approved
after thp following corrections:
Page 4, second paragraph, third to last word was a typographical error,
and should read II as a".
Page 12, last paragraph was to be struck from the record.
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Page 2
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
SECOND:
VOTE:
Com. Claudy that the Minutes of January 12, 1981 be approved as
corrected.
Com. Blaine
Passed 5-0
MOTION:
POSTPONEMENTS/NEW AGENDA ITEMS
ITEM #6, Application 3l-U-80 of HELEN E. LOPEZ had been permanently with-
drawn, at the applicant's request.
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
Chr. Koenitzer welcomed the new member of the Commission, Nancy Binneweg.
PUBLIC HEARINGS
ITEM #1, Application 24-TM-80 of HMH, INCORPORATED: TENTATIVE MAP to subdivide
approximately .7 of an acre into two parcels equaling approximately 10,800
square feet and 17,600 square feet. The subject property is located on the
southwest side of Crescent Road (across from Amelia Court) approximately 500
feet northerly of Stevens Creek Bøulevard in a Rl-lO (Residential, Single-
family, 10,000 square feet minimum lot size) zoning district. ENVIRONMENTAL
REVIEW: The project is categorically exempt, hence, no action is required.
First Hearing. Tentative City Council hearing date - February 17, 1981.
Associate Planner Piasecki showed the exhibits relating to the application.
There was an existing dwelling on the back parcel, parcel 2,and the application
excluded a parcel known as Guthrie. There was a 20 ft. flag connection from
parcel 2 out to Crescent Road, and access to the building on parcel 2 was gained
over a 20 ft easement. The applicant had prepared illustrations showing how
he wanted to eventually bring a driveway from this access into a garage to be
built in front of the existing building. The present building was non-conforming
due to a setback of only 3 ft. and height of 3 storeys, and was built under
County jurisdiction. It was the opinion that the non-conformance would not
pre-empt a garage, if detached. Staff suggested that access to the property
continue to be off a 20 ft. driveway. Even though the applicant had proposed
a driveway for parcel 2, emergency access would have to come off the back.
Extensive retaining wall work would be required on the driveway.
Staff was requesting that the lot line between parcels 1 and 2 be shifted to en-
large the size of parcel 2, giving a more logical shape and ~ize for the parcel.
Some slides on the property, existing buildings, garage structure, and Guthrie
property were snown.
COM. BLAINE asked wnat would happen to the specimen trees if the boundary line
was shifte~.
Associate
specimen.
asked.
Planner Piasecki said that only
Staff had asked that the trees
several peppers might be considered
be identified; the applicant might be
COM. CLAUDY inquired if the existing building was constructed legally.
MINUTES FEBRUARY 9, 1981 REGULAR PLM,NING COMMISSION MEETING
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Page 3
Associate Planner Piasecki answered that he presumed it was, but had to do
some research witn the County.
COM. CLADDY was sure the County had never had 3 ft. setbacks; he was
presuming it was for the rear of the building.
COM. BINNIWEG wondered how the City had handled the subdivision to the
West when it had been approved in 1978/79, being so close.
Associate Planner Piasecki said it had been accepted as an existing
condition.
CHR. KOENITZER wanted to know where the sidewalks would be constructed on
Crescent Road, as it was the only access from Sunnyview Manor and westerl
to Varian Park.
Assistant City Engineer Whitten stated that because of an agreement made
with the neighborhood prior to annexation of the area, sidwalks and street
lighting would probably not be installed.
CHR. KOENITZER strongly believed that sidewalk on one side was needed for
safe access to the park, particularly on a curvey street such as this.
COM. ADAMS: established that even though the building was within 3 ft. of
the lot line and was an existing, non-conforming structure, if a detached
garage was requested, there would be no recourse to have any changes made
to the existing structure.
Associate Planner Piasecki confirmed this and said applicant intended
to remodel the structure, but would not add to the square footage, so
changes would not have to be made.
COM. ADAMS observed that he did not want to see it come back for a
variance request because this one had passed tonighta
COM. BLAINE said that one of the reasons Staff wanted to enlarge the
smaller parcel was so tnere would be room for a detached garage.
COM. CLAUDY noted another aspect, that there was now a presumably legal
non-conforming building on a .7 acre lot The smaller parcel would still
have a non-conforming building on it with very inadequate setbacks. He
was concerned about putting the Commission's stamp of approval on the
building as it existed now on an even smaller lot, and felt this aspect
should be discussed after the applicant had been heard.
COM. BINNIWEG felt that when annexing from the County there were many non
conforming situations, and Cupertino must allow some lattitude in this
case, as the property was already hemmed in on the back and the building
could not be moved.
Mr. Ned Parsons of HMH Engineering,representing the applicant, said
generally they concurred with the recommendations, except that some clari-
fication of the general conditions was needed. In their discussions with
the Public Works Department, it was indicated that they might be faced
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MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
with the improvement of the Guthrie property. They would be happy to
participate in an improvement program,but wanted to go on record as opposing
improvement of the Guthrie piece over which they had no control. With
respect to condition 17, adjustment of the common lot line, he drew attention
to the subdivision to the west and the rear southerly two lots which had
been approved , fairly similar in type to the proposed lots. The configuration
of the parcel was completely inherited, purchase with the panhandle as a part
to serve as access to a garage. They concurred that the access along the
cul-de-sac should remaln for fire protection but had no control over the non-
conformance aspect of the proposal. Mr. Magranet intended to modify the roof
line to make the structure architecturally more pleasing, and adjusting the
lot line would allow the garage structure to remain during construction on
parcell. It would ultimately be removed.
CHR. KOENITZER called for comments from staff on the matter of Guthrie
property improvements.
Assistant City Engineer Whitten said it had merely been pointed out to the
applicant that some improvements might be required on the Guthrie frontage,
under the unimproved street ordinance. Improvement plans for the other frontage
would have to be seen before it was known if they would be required.
CHR. KOENITZER agreed with the applicant, that he wanted to know definitely,
and questioned whether he should be asked to improve another property.
Generally, the cases for off-site improvement had been where there was some
material benefit to the applicant. There would be none in this case.
Assistant City Engineer Whitten replied that it was not an uncommon requirement,
and the applicant could finalize the street improvement plans prior to going to
City Council. Staff's concern was that if the area was graded back on parcell
it might require some additional work on the Guthrie frontage.
COM. CLAUDY inquired if the Guthrie property owners had signed an agreement.
Assistant City Engineer Whitten said they had not, and it would mean asking
them for a dedication.
COM. CLAUDY suggested modifying the 14 standard conditions, as it was unfortunate
that a developer was left with the question of what he had to do.
MOTION:
SECOND:
¡¡OTE:
Com. Adams that the Public Hearing be closed
Com. Claudy
PASSED
5-0
COM. CLAUDY was in favor of moving the lot line to give the frontage a reasonable
setback. He did not think the garage on parcell would have to be removed
immediately upon the filing of the map.
CHR. KOEN~TZER suggested connecting the northwest point of the Guthrie property
with the corner of toe easement by means of a straight line across.
COM. ADAMS wanted a clarification of condition 17. Was the ground area under the
building included in parcel 2 square footage?
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING CO!1MISSION MEETING
lIC- 350
Page 5
Associate Planner Piasecki said it was, and Staff had only wanted to
exclude the 20 ft. flag.
COM. CLAUDY did not know that it was necessary to increase the useable ar a
to 10,000 square feet, but the idea of drawing a line straight across the
corner to Guthrie was a good one.
COM. BLAINE asked where Staff was planning on drawing the line to get
10,000 square feet.
Associate Planner Piasecki indicated this on the exhibit, and said the
intent was only to get the functional part of the lot up to 10,000 square
feet minimum.
COM. CLAUDY wondered how many square feet were in the flag when construc-
ting a flag lot in a 7,500 square feet zone. Was it not the total size
of the lot, not the useable lot? He was trying to make a point.
CHR: KOENITZER said it was.
COM. BLAINE saw it that the question to be decided was how much more was
necessary to have adequate setbacks.
COM. BINNEWEG wondered what Staff felt would be acceptable.
Associate Planner Piasecki said that 20 ft. would be preferable to give
the minimum front yard setback normally applied.
COM. BLAINE established that 20 would be approximately the diagonal from
the Guthrie property to the point of the flag.
CHR. KOENITZER said that it certainly seemed to meet the suggestions.
SECOND:
VOTE:
Com. Claudy that the Public Hearing be reopened to allow the
applicant to comment.
Com. Blaine
PASSED 5-0
MOTI ON :
Mr. Parsons said he believed Mr. Magranet would have no objection to
drawing the diagonal line, and that the line would increase the lot area
by approximately 850 square feet.
cml. ADA/IS suggested tllat if the application was to be approved, conditi n
17 be reworded to say "the use able area on parcel 2 to be increased by
approximately 850 square feet by shifting the lot lines between parcels
1 and 2" and leave it up to Staff and the applicant to draw the line and
fix the tentative map.
MOTION:
SECOND:
VOTE:
Carn. Claudy to close the Public Hearings
Com. Blaine
PASSED
5-0
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MINUTES FEBRUARY 9, 1981 REGULAR MEETING OF THE PLANNING COMMISSION
CHR. KOENITZER mentioned the matter of sidewalks again, saying that already
two developments had been permitted on that side that did not have sidewalks.
COM. BLAINE wanted to know if parking was permitted on Crescent.
Assistant City Engineer Whitten said there was no prohibition, though the
pavement was only 20/22 feet wide. However, there was shoulder on both sides.
COM. BINNEWEG wondered what improvement would go in on the curb and shoulder.
CUR. KOENITZER said it would be paved to the full wid th of the street with
curb and gutter.
MOTION:
Com. Adams to approve 2l-TM-80, subject to conditions 1-16,
condition 17 as modified in prior discussions, and condition 18.
Com. Blaine
PASSED 5-0
SECOND:
VOTE:
ITEM #2, Application 25 TM 80 of MICHAEL MAGRANET (HMH, INC.): TENTATIVE
MAP to consolidate two parcels consisting of approximately .2 of an acre
into one parcel 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 600 ft. easterly of Foothill
Boulevard in a Rl-lO (Residential, Single-family, 10,000 sq. ft. minimum
lot size) zoning district. First Hearing. Tentative City Council hearing
date - February 17, 1981.
Planning Director Sisk explained that this represented an elimination of
an older lot line with tne intent of allowing remodelling permits to be
issued. It was a relatively straightforward application, and the owner
was proposing to meet all standard conditions.
Ned Parsons, Hl1H on behalf of Mr. Magranet, said he had no comments unless
there were any questions.
MOTION:
SECOND:
VOTE:
Com. Adams that Public Hearings be closed.
Com. Claudy
PASSED
5-0
SECOND:
VOTE:
Com. Claudy to recommend
1-15, as outlined in the
Com. Blaine
PASSED
approval of 25 TM 80 subject to conditions
Staff Rerport.
MOTION:
5-0
ITEN 113, Applications 50-Z-80 and 33-U-80 of LINCOLN PROPERTY COMPANY N.C.,
INC.: REZONING approximately 4.5 acres from P (Planned Development) to P
(Planned Development with commercial and office use intent) zone or whatever
zone may be deemed appropriate by the Planning Commission; USE PERMIT to
construct Rn office building equaling approximately 82,000 sq. ft. and
ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the
granting of a Negative Declaration. The subject property is located on the
northwest corner of Rodrigues Avenue and Torre Avenue across from Cupertino
City Hall. First Hearing. Tentative City Council hearing date - March 2,1981.
MINUTES FEBRUARY 9, 1981 REGUlAR PLANNING COHMISSION HEETlNG
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Page 7
Associate Planner Piasecki explained the location, building size, etc.,
using the exhibits. The Staff Report contained several concerns of Staff.
He had passed out copies of the General Plan section pertaining to the
Town Center, which stipulated that other things must happen in the area.
There had to be an overall or "bubble" plan developed for the area,
showing the inter-relationship of properties so that one could develop
independently of the others, and under the present General Plan, the
square footage of the conunercial and office uses \,¡ithin the entire Town
Center property should not exceed 250,000 square feet. Applied to the 32
or so acres not designated for residential use, this was an· 18% building
to land area ratio, which was a low coverage, allowing approximately 7,000
square feet per acre. This proposal had a ratio of 40/45% building to
land area. Technically, it was not inconsistent with the stipulation in
the General Plan, but Staff felt it to be inconsistent with the intent of
the General Plan, which they presumed was to expand the allowable building
area over the entire 32 acres, giving each property owner a similar
building coverage. Imminent General Plan hearings regarding land uses in the
Core might lead to intensification, but until those hearings were resolved,
it was not known if the traffic system could handle that intensity of de-
velopm~n t.
CHR. KOENITZER said he recalled when the expansion of Northern California
Savings and Loan was permitted a driveway on their northern boundary was
to be integrated with the Town Center development at some future time.
That was not indicated here.
Associate Planner Piasecki said that Staff had not been involved in an in-
depth evaluation of the site plan. If it was the Commission's wish to
approve the proposal, Staff would suggest a continuance to allow time to
prepare detailed conditions.
Mr. Burch Boone, Lincoln Property Co., Foster City, said it was hard to
know wheré to begin 'iY'ith a project of this size. He was here to see what
the Commission and the Council would like on the site. He felt that 18%
coverage on a site of this nature was uneconomical for the type of develop-
ment, and was not consistent with most projects approved in Cupertino to
date. In today's market, for a project to support itself and to be attrac-
tive and aesthetically pleasing, 33/35% coverage was needed. The 250,000
square feet would be generous if 400 to 500 residential units could be
added also, so that the constraint left a big unknown. It had been
suggested that the property owners get together and agree on a shift in
the useage of the property, somebody taking residential, commercial and
office. However, the property was divided into three owners and the
timing for those owners was unknown. Lincoln Properties had the highest
carrying costs, so were anxious to get something approved and constructed
as soon as possible.
One of the things to look at in a project of this type was, from a sequenti 1
standpoint, when should it go and how should it be incorporated into the
Master Plan. The City was going through a Master Plan review, and rather
than not knowing what developers might present, Lincoln Properties wanted
to give input on what they would be willing to do, could afford to do,
what problems and solutions, to make this an acceptable development.
PC 350
P-'!Ee 8
HINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMM~SSION MEETING
He had been coming to Hearings centered around traffic for the past 6/8
months. Town Center being developed out was a major concern. This project
dealt with about 80,000 square feet of office, which meant approximately
320 cars would park on the site, with about 1,000 trips in an out on a
daily basis. The Stevens Creek/De Anza Boulevard intersection had about a
40,000 per day trip count average, so the project would be contributing
2/2.1/2% to this.
To wait for all solutions would be very time-consuming and costly for them
to carry, and they were trying to get a reading from the Commission on the
timing, when the General Plan would be completed, and were also looking for
alternatives. Should they apply for something smaller now, hoping to get
it approved, or wait and work with the City to come up with a solution
that was acceptable and econmmically viable. They wanted to work with the
City, with a commitment that it would not be a long time coming to a con-
clusion, especially not a negative conclusion.
The Commissioners felt that it would be at least six months until the General
Plan changes were approved.
C8R. KOENITZER called upon Mr. Alf Modine of the Goals Committee to give his
comments on the p~oposal.
Mr. Madine established that he was at the Meeting as an individual, and not
to represent the Goals Committee. It was his feeling that high density resiðpntial
at this particular location was not favored by citizens, and he felt residents
did not want to look at multi-story residential buildings, but if offices were
placed near the present residential, graduating to residential the other way,
it would probably be more acceptab'le. It looked very impressive at this
stage and he would speak in favor of it as an individual.
COM. ADAÞ!S asked Mr. Boone if he had been in contact with the other owners,
and whether he could divulge any information on the subject.
Mr. Boone said he had met with Jason Chardier and Mr. Ed Cali before the
property had been purchased. He had a basic plan showing the residential
units of May Co. and how their office building would relate to those. He
had talked in general terms with Mr. Cali, and he knew Mr. Cali had been
approached by a number of developers, but with the densities presently allo-
cated, they fnund it difficult to justify any market value to the land.
COM. ADAMS asked Mr. Boone whether he saw what he had presented as fulfilling
the General Plan requirements for sharing the overall possible development
of commercial, and how it would all be integrated.
Mr. Boone presented three exhibits showing several approaches and different
uses for various locations. He said this was basically to show how their
building might relate to landscaped areas, pedestrian walkways, how traffic
might flow, and things of that nature.
COM. CLAUDY said he was beginning to believe that the 18% coverage factor
was not economically viable, and asked if Lincoln Properties were hoping
for the densities to be, perhaps, doubled.
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
PC-350
Page 9
Mr. Boone replied that to be viable, this was correct. The question
would be, could some residential go in, in addition to the 250,000 square
feet of commercial.
COM. CLAUDY said that permitting residential on the west side of Torre
had been discussed, but the intention had not been, for instance, to let
20 acres of it go residential and put 250,000 square feet of office
space in the remaining 12 acres. It was a problem that the ownership on
the west of Torre was divided between Lincoln Properties and a number of
different combinations of Cali family owners. lie did not know what
questions to ask; obviously this was not even near a decision point.
He felt that Mr. Boone did not really expect a decision now.
Mr. Boone agreed on this point. As to the economics, if it was all to
go to office, the use would have to be pretty intense for the project
to be developed. A quality development was required, and as the
density was cut down, the developer had to cut somewhere, and would
have to cut on the quality of the project. With the exception of not
meeting the density requirements they had met all others. The one
thing this project did not meet was the City's requirement that
250,000 square feet be divided up among the property owners.
CHR. KOENITZER observed that many things expected to happen ten years
ago had not happened. It was thought at that time that landowners
might join forces for bigger parcels to produce better developments,
but that had not happened in cases like Town Center. Changes might
be made to accommodate the fact, but they would take at least six months.
COM. CLAUDY asked Mr. Boone if he could share any market survey type
information he had developed with the Commission.
Mr. Boone said that one of the people most active in that market today
was Brad Lyman of Cornish and Carey. He was at the Meeting and CQuld
give a brief run-do~1 of what was happening in the Cupertino area,
marketwise, to give the Commission an idea of why this was felt to be
an economically viable project.
COM. BLAINE felt that the time to have this type of input would be at
the General Plan discussions. Her inclination was to advise Mr. Boone
to take a continuance until the General Plan had been dealt with,
helping the Commission by bringing his input to those discussions which
she could not promise would be finished in less than six months. The
Commission needed all the help it could get in this matter.
The idea of having the property developed piecemeal was not comfortable
to her. It had to be planned together and integrated.
Mr. Boone mentioned that they had already gone past their deadline
because ~ tremendous amount of time had been allocated to the traffic
hearings. With interest rates at 20/25% they were very concerned.
He felt maybe they should go right now with anything they could get,
hoping to make it work economically. He did not think, however, that
this was in anyone's best interest.
COM. CLAUDY ventured that what would help Lincoln Properties most was(l)
to come up with good market data to justify the demand for the density,
pc- 350
Page 10
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
and (2) to get together ""ith the Cali family owners and plan an integrated
whole, even if that was only a bubble plan.
Mr. Boone observed that, with the constraints, there was little incentive
for the Calis to do anything. How many developers would be willing to take
the gamble. If the City could give some potential encouragement, that the
restrictions could very well be lifted if some problems were solved, it
would help.
COM. CLAUDY said tha t if Hr. Boone could show how making these changes would
lead to a good development, the City would probably go along.
Mr. Albert Ruffo, Attorney. representing the Cali family, said they were
not opposed to the development. The constraints expressed by Mr. Boone
were the same as they had to contend with. They were not opposed to the
proposed density, and just wanted to express that if the density was increased
on the property before the Commission tonight it should be increased propor~
tionately on the Cali property. This would mean the land coverage would be
approximately 40%, and if increased at the same rate, the Cali property would
accommodate 473,781 square feet, the proposal this evening having 82,000
square feet. He had past experience in planning,building by building,and
had found it very difficult, even when under one ownership. He had also
had experience in taking land under several owners and trying to convince
them that if all the property was put together maybe something could be
done. This was an almost impossible task, he had found. In this particular
case, the restriction imposed, being planned conceptually as a whole, was
a big problem. It was theoretically very desirable, but from a practical
standppint was very difficult. It was desirable that there be a discourse
between the property owners, but it was difficult under the present constraints.
He felt if there was some elasticity and direction, the property could be
developed.
COM. ADAMS commented that he would rather hold on any decision until the
environmental impact report was completed and make an assessment at that
time.
Associate Planner Piasecki asked the applicant if he was in favor of a
continuance, and how long would be agreeable.
Mr. Boone felt that the most important things were to get some sort of
time frame for the General Plan and a reaction to the plan as submitted.
COM. BLAINE said she did not want to comment on any of the plans without
some information on the viability of increased density, etc. The General
Plan hearings would be the time to get that type of input.
Mr. Boone thought he could at least prepare economically. From a planning
side he wanted to know if it was inconsistent or not, did the Commission
like it 0::: not, what should be changed. They did not want to wait until the
General Plan had been changed to start work, and also did not want the
Commission to work in a vacuum, perhaps coming up with a plan that was
unworkable for them. So they needed the feedback to come up with something
which reflected the Commissions suggestions and input.
COM. BLAINE felt it was important that the project relate to the property
to the north, as it should be an integrated whole. It was a large piece of
property very important to the community and was a focal point.
MINUTES FEBRUARY 9 1981 REGULAR PLANNONG COMMISSION MEETING
PC-350
Page 11
COM. ADAMS agreed with the integration aspect, and also felt it had to
be sure that the right thing was being put in the center of the town.
COM. BINNEWEG said that from her experience on the Architectural and Site
Control Committee, she could not say there were very many people who
considered this the center of town. A large piece of property like this
had a lot of potential, but she had seen what the owners had been put
through to get started. As far as integrating to the north, it would be
better to integrate to the south, which was already developed.
COM. CLAUDY said that arcnitecturally it needed to be integrated with
buildings to the south, but to the north the physical integration of
driveways, curb cuts, pedestrian passages, etc., was the type of integrati n
that would be important, as was the land use itself, whether hotel, motel,
residential or commercial.
It was difficult to give feedback on planning, because the economics of th
property and the traffic were going to be the biggest factors in deter-
mining.what was to be done in Town Center.
Nr. Boone wanted advice on what he could do in the meantime to expedite
the matter. Processing consumed an inordinate amount of time. Maybe he
could do economic studies, for instance.
CHR. KOENITZER stated that the concern, basically, was the De Anza/
Stevens Creek corner. Everyone went through it, and the development aroun
that corner had to be something special. Also, if the De Anza underpass
was developed, the driveways would have to supply the entrances and exits
for the entire development, which would mean complete integration. He
could not see how the General Plan process could be completed in less than
six months and probably nine, because it was hoped to get significant
input from the citizens. With regard to coverage, did it have to he 40%7
What were the trade offs and options? These had to be considered, together
with the results of the traffic studies being done, in public hearings
before the question of land use and size of development could be answered.
The buildings looked nice, but would still look nice if they were smaller,
though it might not be economical. At this time, a decision could not be
made, nor many guidelines supplied.
COM. ADAMS felt that Mr. Boone had obviously surveyed the office and comm-
ercial type needs and densities and this data, if available, would be
useful to Staff and the Commission in the future.
COM. BLAINE advised Hr. Boone to keep in contact with Staff to see what
questions would be raised, so that he could prepare along the same lines.
Discussions would center around whether the Town Center had been pre-empte
in its intended uses by other areas of town, and also if there was need
for those types of uses or not. She felt that the broad concept of what
Town Center was might very well be changed.
CHR. KOENITZER asked Mr. Boone if he would take a six month continuance
on the application.
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Page 12
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
Mr. Boone stated that he would at least like to go tb the Council with
the same presentation, mainly for informational purposes, to Fet feed-
back and to bring to everyone's notice that they were there, to say this was
what they wanted to see and why they wanted to see the property go to the
use they were asking for.
A discussion ensued on the best way to do this, and whether there were grounds
for denial so that the applicant would have the right to go to Council.
Assistant City Attorney Foley pointed out one option, to ask City Council
to impose a moratorium on the 50-acre site, which might be very apprpriate
under the circumstances.
COM. BINNEWEG asked if there was any way to nullify the attitude of all for
one and one for all regarding keeping the 50 acres together. In this day
and age of economics, it seemed ridiculous to have millions of dollars tied
up like this.
Planning Director Sisk explained that one issue holding everything up was
how the 250,000 square feet should be distributed. However, legally some-
one might push for the use of one particular property. These kinds of things
were going to be discussed in great depth in the coming months.
I1r. Boone had a thought that they might withdraw the application tonight an
come back with the smaller building only, which would fall within the 18%
coverage ratio. Then they could wait to see what happened with the General
Plan.
COM. CLAUDY pointed out that Vallco Park had done the same thing at the last
hearing.
CHR. KOENITZER asked Mr. Boone if he could like to do this. The hearing
could be continued for a month to give time for a corrected application for
the 48,000 square feet.
COM. BLAINE pointed out that Mr. Boone would still need to come in with the
conceptual development plan for the entire property.
Planning Director Sisk said it would probably get down to things such as
accesst making provisions for joining driveways and parking lotst etc.
COM. BLAINE said the commission would then be accepting the fact that the
conceptual plan said the offices would be spread out equitably, which might
not be wanted wì1en the General Plan hearings were completed. That was the problem.
Mr. Boone thougl1t that the process of changing the master plan would go on
as the property developed. In this day and age and this market it might
very well change a year or two from now. He could not see the entire 50
acres bei~b developed at one timet or there would be a glut on the market
and problems among the developers, so it made sense for him to do as he had
suggested and withdraw the application to come in with the smaller building,
and hope that someday icnreased intensity would be allowed on the adjacent site.
COM. CLAUDY asked Planning Director Sisk if a new application would have to
be filed.
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING CO~!MISSION MEETING
PC-350
Page 13
Planning Director Sisk said it would, and also another set of fee'S would
be needed, as money had been spent to put the notice in the newspaper,etc.
CHR. KOENITZER listed three possibilities for Mr. Boone (1) if he
would like to get it to Council the Commission could take action now,
and indications were it would be a denial, or (2) he could ask for a
continuance to decide what to do, or (3) he could ask for a continuance
for at least six months, in which time the General Plan Hearings might
be finished.
Mr. Boone decided he would withdraw the application for 82,000 square feet
and come back with an application for the smaller building, as they were
asking for a disproportionate allocation of the 250,000 square feet, and
wanted to work together with Mr. Cali. A project of that size was still
just viable.
THE APPLICANT WITHDREW THE APPLICATION.
ITEM #4, Application 2l-U-76 (Revised) of UNITED CABLE TELEVISION OF
CUPERTINO, INC.: USE PERMIT to construct a cable television facility
including an 80 ft. television tower and several receiving "dishesll equal-
ing approximately 24 ft. high and ENVIRON~ŒNTAL REVIEW: The Environmental
Review Committee recornnlends the granting of a Negative Declaration. The
subject property is located on the west side of Mary Avenue just south
of the intersection with Meteor Drive within the City's Corporation Yard,
in a BA (Public Building) zoning district. First Hearing.
Associate Planner Piasecki indicatèd that the location of the proposed
facility was sketched in the upper northwest corner. It was 300 feet
from Casa de Anza condomimiums and 500 feet plus from Nathanson Ranch
area. An aerial photograph showed the proposed location. Cable Televisio
wanted an 80 ft. high receiving tower with a 10 ft. dish on the top, and
three separate dishes of 6/7 meters in diameter. He outlined the existing
P.G. & E. tower of approximately 125 ft. which would exceed the height of
the television tower. As viewed from Casa de Anza, the tower should get
lost in the area, though it would be visible from some homes. He showed
aerial slides on the relationship of the tower to the surrounding neigh-
borhood and freeway, pointing out where the proposed landscaping would
help in screening.
CRR. KOENITZER called upon Assistant City Engineer Whitten to report on
the landscaping for the City yard.
Assistant City Engineer Whitten said that originally there had been a
conceptual plan done for the overall site development of the Corporation
yard. Phase 1 had been completed two years ago with the administration
building and the second phase would be out to contract prior to the end
of June, including a storage building along the southern side next to the
Casa de Anza condominiums, additional paving and landscaping of the southe ly
fence. Access would be from the northerly side.
COM. BLAINE inquired when the landscaping would go in, and what the setbac
for the building was.
PC-350
Page 14
MINUTES FEBRUARY 9, 1981 REGULAR PLfu~NING COMMISSION MEETING
Assistant City Engineer Whitten said
or the landscaping would be damaged.
the buildings would have to go in first,
The setback was 25/30 feet.
CHR. KOENITZER was concerned about the landscaping on the southerly boundary.
COM. CLAUDY commented that it sounded very much like the City Staff was
trying to get the applicant to put in the landscaping the City should
already have put in.
Associate Planner Piasecki pointed out that Staff was only asking for a
portion, and it was probably negotiable as far as cost between the City and
United Cable.
Planning Director Sisk supposed that if the City never built the buildings,
but United Cable put the towers up, there should still be some screening of
the towers,
A discussion followed regarding how much landscaping the City was putting
in and .where it would be.
CHR. KOENITZER felt that for phase 2 of the Corporation yard the southerly
boundary should be landscaped entirely.
COM. CLAUDY was also concerned to see no plans for additional screening
along the freeway to help shield the lower antennas from the freeway.
COM. BLAINE felt Casa de Anza was the concern.
John Cribb, Manager of United Cable ia Cupertino, th~ught the presentation
gave a fair representation of the project after a few clarifications. The
area indicated by the red line was larger than the area they would use,
though the area as identified on the drawings was correct. They wished to
go on record as opposing the requirement that United Cable place the row of
trees on the southerly border, and felt it should be a requirement of the
City. However, if that was a requirement of approval, they would comply.
They had considered the shielding effect from the off-ramp on the western
side, and on the suggestion of the Planning Department, they had contacted
Caltrans regarding planting additional trees in the right-of-way. They were
not too receptive, but had sent an application. There did not seem to be
too much room remaining to plant additional trees inside the Corporation yard,
but they would do it if it was felt it could be done. Many man-hours had
gone into studying different locations for the head-in facility, and it was
felt that this was the ideal location within Cupertino for the cable system.
COM. CLAUDY questioned if all the three ground dishes were receiving antennas.
Mr. Cribb explained that the transmitting element was involved with the building
proposed to be constructed, and there was no over the air transmission.
COM. CLAUDY questioned the requirement of an 80 ft tower.
Mr. Cribb explained that there were two purposes involved with the 80 ft.
tower. One was to hold antennas receiving regular off the air channels
and the other was to provide Sacramento Channels when rules were relaxed
later in the year.
MINUTES FEBRUARY 9, 1981 REGULAR PLfu~NING COÞIMISSION MEETING
PC-350
Page 15
CHR. KOENITZER asked which signals were to be picked up by the southerly
facing dish, and would there be other antennas on the tower besides the
10 ft. dish.
Mr. Cribb replied that some Sacramento stations would be picked up via
microwave, and the dish would do that. It would be added to the tower
only if permission for the Sacramento stations was given. There would
be other antennas on the tower.
COM. BLAINE asked what type of antennas these would be.
Mr. Cribb replied they would be similar to the house-type antennas,
only horizontal.
COM. BINNEWEG asked how many stations it was planned to provide.
Mr. Cribb thought at least thirty-six. The 80 ft. height was not totally
required to pick them up, though a higher level gave higher quality. The
main p~rpose of the 80 ft. was for the Sacramento channels.
COM. ADAMS wondered how many potential dishes were anticipated.
Mr. Cribb stated that the most that there could be were two.
COM. BINNEWEG asked how many other rods, antennas and sue~ would be
hanging off the tower.
Mr. Bob Hinchard, General Manager of United Cables California Cable Syste s,
answered that there probably was not a need for more than six antennas
plus the receiving dish.
COM. ADAMS wanted to know what kind of maintenance was anticipated for
the tower and buildings.
Mr. Cribb felt that on a regular basis this could be limited to normal
operating hours with very limited monitoring on signals, and such. The
only abnormal access would be in the case of some sort of an outage. It
was an ·unmanned facility_
Assistant City Engineer Whitten said that Staff had executed a lease
agreement with United Cable, and employees of United Cable would be able
to get through security systems at the yard.
COM. ADAMS recapitulated. The only things to be seen were three dishes
along the road and the tower with some other antennas, maintenance would
be very light on an unmanned station. The lease agreement had been signe ,
but the screening was not called for in the very southerly portion of the
lease area along the southerly border of the Corporation yard. He saw
nothing wrong with having a condition in this particular application
for screening along the southerly border.
CHR. KOENITZER felt it should be indicated how much, as the applicant
should not be made to pay for it all. The City had definite responsibili ies.
Maybe the applicant could pay for trees to be larger to get instant scree
ning, but by no means all the cost. He wondered if the 80 ft. antenna
could hit the P.G. & E. tower if it fell.
PC-350 MINUTES FEBRUARY 9, 1981 REGULAR MEETING OF THE PLANNING COMMISSION
page 16
Mr. Cribb confirmed that he had filed a letter of clearance from P.G. & E.
with the Planning Department, saying that United Cable was not in their
easement.
,
COM. ADAMS wanted to know if streets would be torn up to put in the cable.
Assistant City Engineer Whitten advised that where the utilities were over-
head the system woûld be installed overhead. In the subdivisions where all
utilities were underground, the cable would have to go underground.
Larry Dermody, 10500 Mary Avenue (the old Nathanson property) commented that
someone had alluded to the fact that a lease was already signed. He presumed
the City had committed to some type of activity, so that the whole thing seemed
a farce. He had heard the applicant say it was an ideal place for a tower.
He could think of a great many more suitable places, in the foothills where
it might not be necessary to construct something 80 ft. high. It had been
mentioned that there was an 125 ft. tower already, and that one more would
not make much difference. He disputed this and was concerned that another
eyesore was to be put on the landscape. P.G. & E. was an essential service,
but cable television was not a necessity, and could be construed a8 a public
and private nuisance, particularly when it was a commercial endeavor. He
wanted the applicant to conunent on what benefits to the community as a whole
would come about in placing this tower in that particular location. In
statements from Staff, there was a conunent made that the structure would be
isolated from single family dwellings in the neighborhood. He seriously
doubted that an 80 ft. tower could be shielded from the area. In his own
case, he would be looking at it out of his front window. He did not think
it could he shielded by tree growth. The circle drawn around the Corporation
yard in the Staff Report, if he interpreted it correctly, was to show who
would be impacted by the structure. He felt that when an 80 ft. tower was
constructed it would impact people in Sunnyvale and people on the west side
of the freeway also,and would be an eyesore from the freeway.
Planning Director Sisk said that when the lease had come before the City
Conncil he had made it very clear that it was subject to the appropriate
Public Hearings and determinations made at the Planning Commission level
concerning the Use Permit.
Assistant City Engineer Whitten pointed out that the City was interested in
the United Cable system because of the educational access channel and public
access channels. The lease arrangement made with them was at the standard
lease rate for this type of property in Cupertino, and the operation was not
being subsidized in any way.
COM. CLAUDY had been thinking about the Kaizer site, but it was in the shadow
of a mountain, so that San Francisco could not be picked up, and it would
be useless.
CHR. KOENITZER wondered about the Sunnyvale site, which was out at Regnart
Canyon, he thought.
Assistant City Enginner Whitten said that Sunnyvale's dishes were immediately
across the 280 freeway to the site in question, next to the water tanks.
Their tower was on Regnart Road, but United would have to address the elec-
tronics problems of sending a signal and how to maintain it.
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
PC-350
Page 17
COM. CLAUDY thought the real problem was the tower, not the dishes,. which
were down low.
COM. BLAINE wondered if there was anyplace the tower could be put where
a residential area could not see it. If it was placed in the hills they
would block the reception, and if placed on the top of a hill, the whole
valley would see it.
CHR. KOENITZER pointed out that the Sunnyvale installation was on utility
type poles that had only to be 20/30 ft. in height. There were several
on Regnart Road on the ridge line.
Mr. Dermody questioned if there ware health hazards.
COM. CLAUDY said he had asked the question of whether the dishes were
receivers or transmitters because of this, and had established that
they were strictly receivers. All concerns he had ever heard expressed
were over transmission.
Mr. Alf Modine mentioned that a neighbor of his had an approximate 10 ft.
dish for satellite television reception in his backyard, and aLso that
he himself had a legal 50 ft. tower for his ham antenna on his property.
Owen Tassicker, resident of Casa de Anza, said he had been stunned to
find an envelope in his letterbox that had the appearance of a great deal
of behind the scenes work going on before citizens were able to parti-
cipate in the planning process. The residents of Casa de Anza had zero
confidence in the way the City Council had handled the so-called phased
development of the City yard. They had made noises about parks and
gardens, green-belt and a double layer of well-developed trees and land-
scaping. He suggested that the City put in a green-belt 30 ft. from the
fence extending to the western side before anything else was done, and
that the belt should be put in by the City and not some independent
contractor. He questioned why the City was hosting a profit-making
company on its premises. He felt United Cable should evaluate 5/10
other sites, as any engineering construction must do, and give a
presentation of the advantages and disadvantages of a number of sites.
He felt there were other sites technically available, and recommended
that United Cable be directed to present a few.
CUR. KOENITZER advised Mr. Tassicker that he would have to take up with
the City Council the mechanics of the cable television award, and why
the City yard was picked and agreement reached on it. He explained that
the applicant was the one who essentially selected the site and brought
it to the City, especially to the Planning Commission to request approval
of that use on that site. There was no requirement in law for them to
bring in a study of a whole series of sites.
Mr. Tassicker thanked Chr. Koenitzer for clarifying the procedures, but
stated they were still asking for alternatives to be presented.
Joe Hauser, 21461 Milford Drive said his was the piece of property
adjacent to the·Qéoposedsite on the east side of Mary. From his viewpoin
he was certainly going to see more than the antennas, and landscaping
the southern portion of the yard would not help. He had a two-storey
house looking down on the area. It was bad enough he had to see the
yard in the condition it was, that he had to see the other tower, etc.,
and he felt the City Council and Planning Commission could have taken a
great deal more time and effort to see what other areas could be used.
He believed the antennas would be a health hazard; he was an electrical
PC-350
Page 18
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
engineer, and knew this to be true. The neighborhood had only one or two
weeks of notice that there would be a tower put in the area, and to his
knowledge there had only been a few letters sent. Some of his neighbors
had not known. He requested a delay to sit down and organize as a group to
give their viewpoint to the Commission. He believed the human factor had
to be ,taken into consideration in this case. Had any environmental impact
statement been drawn up? If so, he would like to know the results. United
Cable had mentioned they needed an 80 ft. tower to pick up Sacramento; he
felt it was not required.
CHR. KOENITZER thanked Mr. Hauser and stated that all property owners within
300 ft. were notified by mail. Also, there had been a public notice in the
paper of record. Apparently, Mr. Hauser was in the 300 ft. area and some
of his neighbors were not.
Mr. Hauser pointed out that even if this was so, it did affect them.
COM. CLAUDY believed it was also true that the applicant paid for the
notice, thereby answering Mr. Tassicker's question of the envelopes,
postage and printing being provided by the applicant, and why that was so.
Associate Planner Piasecki pointed out that notices were also sent to the
Cas a de Anza Homeowners Associatiofl and the Nathanson Homeowners Association,
so that organized groups had been notified.
Richard Heaps, resident of Casa de Anza, said he lived in a unit near the
~ northern border and looked directly towards the site of the proposed Cable
television tower. It struck him that the comment made at the beginning of
this particular segment of the Hearing was compelling, that the City, when
it went through the process of permitting the building of a Corporation Yard,
was specifically required to provide landscaping which had not as yet been
provided. An eyesore had been created by that process, and the addition of
a cable television tower would add to the horrendous view. He had checked
with the Homeowners Association and the Property Management Association,
and neither had received the letter. The notification process had been poor
in this case, and if the City had not met its obligations in terms of notice
and landscaping, if it was not illegal, it was certainly immoral to add an
another eyesore to the area. On this basis, the application was untimely.
COM. BI~NEWEG inquired if Mr. Heaps was familiar with the process of how
he app~icant would contact the residents.
Mr. Heaps presumed that they would use the County tax rolls.
Comm. Binneweg said that was correct. She thought he had a valid point that
the City had not fulfilled its landscaping obligation.
Hr. Alf Modine commented that maybe the City had helped United Cable choose
the site t~_pay for the shrubbery.
Associate Planner Piasecki had counted up the notices sent out; there were
eighty. Of those, only eleven were'returned.
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
PC-350
Page 19
Mr. Dermody had heard in previous discussion that the Sunnyvale ¿·ish
was located across from this planned dish. Would it not be cheaper to
connect up to the Sunnyvale dish? It seemed to him with as many
communities that there were in the area, a master plan between them
would be more appropriate than to have an antenna system in every communi y.
COM. CLAUDY felt it would be nice and probably advantageous to share a
system, bùt there were different types of receivers for different re-
transmission networks.
CHR. KOENITZER thought that the antennas and basic receivers would be
the same, but thE companies were in competition, so probably would not
cooperate.
Mr. Dermody wanted to make two other comments. He recognized that the
City had an obligation only to notify people within 300 ft., but since
this structure was grossly out of the ordinary he felt people in adjacen
tracts should be notified. Also, earlier in the evening there had been
a great deal of discussion on the Master Plan. People had purchased
homes in this area on the reliance that the Master Plan called for a
residential area.
....
Mr. Tom Paddock, resident of Casa de Anza, said he had been annoyed for
a long time by the equipment, noise and pollution emitting from the
Corporation yard. It had lowered property values, and property values
would go even lower when this facility was installed, he felt. The
residents of Casa de Anza would not stand idly by while this facility
was erected. He questioned why the facility was necessary, which
surrounding communities would benefit and which communities had facilitie
of this nature already constructed. Cupertino was a beautiful community
but an eyesore of this nature would be detrimental to the community
and the people that lived around it.
CHR. KOENITZER explained that the Council had decided because of the
educational and citizen access channels a cable television system was
warranted. Sunnyvale, San Jose and other cities in the area had cable
systems. The franchise was only for Cupertino, so that signals would
not be supplied to any other city.
COM. ADAMS suggested continuing the application for a month to firstly
obtain the planned landscaping schedule of the Corporation Yard,
secondly to have United Cable verify that the 80 ft. tower was necessary,
and thirdly, to see if other sites had been studied and, if so, how they
had been rated.
COM. CLAUDY noted that there was within the City a Citizens' Advisory
Committee on the Cable television system, which he believed was made
up of engineering-type people who understood the technical aspects.
The city ~ad also hired a consulting firm to advise on the aspects of
the system. MaYbe they would also advise on some of the issues that
had been raised.
PC-350
Page 20
MINUTES FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
COM. ADAMS commented that some of the public input had been relevant to the
application, but some had not. He suggested that the citizens take their
complaints to the City Council, as the' Commission was only a recommending
body to the Council on planning items.
COM. CLAUDY felt that the Council needed to be made aware of the landscaping
issue, though it was up to Staff to see that the landscaping went in.
CHR. KOENITZER suggested sending a Minute Order to Council that the landscaping
of the Corporation Yard be completed as planned two years ago.
COM. BLAINE observed that one of the City Ordinances allowed antennas of 50/55 ft.
without a permit. If United Cable decided to put in a 50 ft. tower, would
they need to come in again?
Planning Director Sisk answered that on this site, and in this zone, any change
to the plan would require a Use Permit.
COM. CLAUDY observed that the plan for the Corporation Yard was being changed
at the same time.
COM. BLAINE felt that Com. Adams' idea of continuance was a good one, and
she would be in favor of it to see if the Commission could get some input.
Planning Director Sisk thought the applicant should be consulted, as a
decision might be required tonight. He explained to the applicant that one
option was to agree to a 3D-day continuance, and the other ,was to ask for
a decision.
Mr. Cribb felt that if they agreed to a continuance, they were prolonging
the construction of the cable system, which could not begin until the site
was located. Quite a number of sites had been tested and this was the site
they needed. The necessity of a cable system had been addressed at City
Council in the past year and a half. They wanted a decision now.
MOTION:
SECOND:
VOTE:
Com. Claudy to close the Public Hearing
Com. Blaine
PASSED
5-0
COM. CLAUDY said he was not convinced that the facilities at the proposed
site were required, nor was he convinced on the site. On that basis, he
was in favor of denial.
MOTION: Com. Claudy to deny application 2l-U-76 (revised) on the basis
that the applicant had not demonstrated the need for the facility
at the site proposed.
The motion died for lack of a second.
SECOND:
VOTE:
Com. Blaine that 2l-U-76 (revised) be approved, conditions 1-14
as in the Staff report, condition 15 with a 50 ft. tower with
whatever antennas and dishes were ne€ded, condition 16 modified
.to limit the cost to United Cable to the equivalent of installing
similar landscaping on their 72 ft. of frontage.
Corn. B inneweg
MOTION:
P AS SED
4-1
MINUTES FEBRUARY 9. 1981 REGULAR PLANNING COMMISSION MEETING
PC-350
Page 21
Assistant City Attorney Foley pointed out that there were five days
in which to appeal, starting from tonight, to be made in writing,· filed witl
*** the City Clerk's Office.
ITEM #5, Applications l-Z-8l and l-U-8l of ALI YASDill~MANESH: REZONING
approximately .9 of an acre from P (Planned Development with residential
10-15 units per gross acre intent) zone to P (Planned Development with
commercial and office use intent) zone or whatever zone may be deemed
appropriate by the Planning Commission; USE PERMIT to construct a 13,500
sq. ft. office building and ENVIRONMENTAL REVIEW: The Environmental
Review Committee recommends the granting of a Negative Declaration. The
subject property is located on the north side of Stevens Creek Boulevard
approximately mid-block between Randy Lane and Blaney Avenue. First
Hearing. Tentative City Council hearing date - March 2, 1981.
Associate Planner Piasecki said that the original submittal had contained
a request for 13,600 sq. ft. of office building. The applicants had handed
out a slightly revised sketch incorporating changes and providing a 16 ft.
setback to conform to the Clear lake development to the west. The entrance
driveway had been slightly modified, and 600 sq. ft. had been added to the
building and accompanying parking spaces. It had been suggested in the
conditions of approval that some minor changes would be necessary, i.e.,
there were now no surplus trips, condition 16 which referred to a 15 ft.
landscaping strip was eliminated, and the exhibit had been modified to a
first revision. Staff felt that it was an attractive building, complying
with all standards and requirements, and recommended approval.
Alex Mazetis, 214 Front Street, San Francisco, the architect on the project,
wanted to add that they had tried to give the building a residential
quality to be more pleasing to the single family residences to the north.
They would be coordinating with the properties to the west and east to
get a joint agreemen,t on ingress and egress from Stevens Creek Boulevard.
Þlr. Alf Modine said he had been among the people who had objected to a
condominium development on the site. This had certainly been a cooperative
project between the people in the area, the owner, the architect, etc., and
he wanted to speak in favor of the present development.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Com. Blaine to close the Public Hearings
Corn. Binneweg
PASSED
5-0
Com. Blaine to recommend the granting of a Negative Declaration
Com. Adams
PASSED 5-0
Com. Claudy to recommend approval of l-Z-8l, subject to the
findings and subconclusions in the Staff Report.
Cum. Blaine
PASSED
5-0
MOTION: Com. Claudy to recommend approval of Application l-U-8l, standard
conditions 1-14, the resolution modified to read 14,400 sq. ft.
office building, condition 15 modified to read "the exhibit is
based upon exhibit A, first revision, condition 16, 17, 18
modified to read 14,400 sq. ft. and no surplus tuips.
***
for Neg. Declaration, see P.23.
PC-350
P.;¡ge 22
MINUTES, FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
SECOND:
VOTE:
Com. Blaine
PASSED
5-0
ITEM 116,
request.
Application 3l-U-80 of HELEN E. LOPEZ:
withdrawn at applicant's
UNFINISHED BUSINESS:
ITEM #7, Discussion of new State legislation concerning Mobile Homes.
(Continued from Planning Commission Meeting of December 8, 1980).
MOTION:
SECOND:
VOTE:
Com. Claudy to continue Item #7.
Com. Blaine
P AS SED
5-0
ITEM #8, Applications l2-Z-79, l2-U-79 and ls-TM-79 of HYMEL-HATHAWAY ASSO-
CIATES: Clarification of air space condominium project located on the south-
west co~ner of North De Anza Boulevard and Lazaneo Drive.
MOTION:
Com. Blaine to
the air space
Com. Claudy
PASSED
adopt the resolutions in the Staff Report concerning
condominiums.
SECOND:
VOTE:
5-0
NEW BUSINESS
CHR: KOENITZER reported on the Mayor's Meeting, and said that anyone going
to the Commissioners' Dinner on the 20th should call Mrs. Quinlan. Her honor
the Mayor had asked him to introduce each Commissioner at the February 20th
banquet, and he needed some data on each.
COM. BLAINE said she had heard a lot of concern about high school closures in
the area. Were there any zoning rules on these sites at the moment.
Planning Director Sisk stated that the only work that had been done was the
same as had been done on the elementary sites. Basically there was a state-
ment in the General Plan that the school sites would be consistent with the
neighborhoods around them.
COHo BLAINE suggested that something more be done fairly soon, because the
public was saying to the School District that one consideration should be
the money that could be received from a site. Before pressure started, it
should be looked at.
Planning Director Sisk asked if what was now in the General Plan was not
sufficient.
COM. BLAINE said it caused problems. For
was a commercial site down the street.
or office it would bring a higher price.
closing, one by September with a decision
instance, at Homestead there
If it was zoned all commercial
They were talking about two schools
to be made in April.
MINUTES, FEBRUARY 9, 1981 REGULAR PLANNING COMMISSION MEETING
PC-350
Page 23
Planning Director Sisk advised that a lot of population projection had been
done, and Staff had sent off for all the data and would share it with the
Commission when received. It was unlikely that anything could be done
until the decision was made, if they were going to make it in April,
because of timing. He felt the best information at present was that it
would be consistent with the neighborhood.
On the Use Permit for cable television the granting of a Negative Declarati n
had been forgotten, and Assistant City Attorney Foley had advised that it
could be done now.
***
MOT ION :
Com. Blaine to accept the Negative Declaration on application
2l-U-76 (revised).
Com. Binneweg
PASSED 4-1
SECOND:
VOTE:
REPORT OF THE PLAi"<NING DIRECTOR
Information was passed out on the Wednesday through Friday, next,
Planning Commission Institute Meeting, and a sheet was passed around
for the Mid-Peninsula luncheon.
The Planning Director brought up the matter of garage conversiot;ls in the
City. Some homeowners associations were insisting that the City process
them back to a 2-car garage. San Jose was having hearings to make the
2-car garage requirements obsolete, saying it was more important to shelter
people than cars. He wanted to know if it was something the Planning
Commission would want to look into.·
COM. BLAINE observed that if Ordinances were not going to be enforced, the
City should not have them. Perhaps one answer was to allow carports, as
there was a problem with housing in the City.
It was agreed that the matter could be discussed after the General Plan
Hearings.
MEETING ADJOURNED: 12:15 a.m., February 10, 1981.
ATTEST: APPROVED:
~ r::Z¿,_~
City Clerk V
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*** for other Motions, see page 21.