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HomeMy WebLinkAboutPC Minutes - 03-11-1974CITY OF CUPERFINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino Telephone: 252-4505 MINUTES OF THE REGULAR PLANNING CON MISSION MEETING HELD ON MARCH 11, 1974, IN THE COUNCIL CHAMBER, CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG The meeting was opened at 7:39 p.m. by Chairman O'Keefe with the Salute to the Flag. ROLL CALL Commissioners present: Adams, Gatto, Chairman O'Keefe Commissioners absent: Nellis Staff present: Director of Planning and Development Sisk Associate Planner Cowan Assistant City Attorney Kilian Director of Public Works Viskovi:ch APPROVAL OF MINUTES PC -144 Page 1 Comm. Gatto moved, seconded by Comm. Adams, to move approval of the ;Approval of minutes of regular meetings of February 11 and 25, 1974 and adjournedminutes to en meeting of February 20, 1974 to end of the agenda. ' of agenda Motion carried, 3-0. ____.___ POSTPONEMENTS Application 3 -TM -74 of G. C. McKINNEY - Item 6 postponed to March 25 meeting as per applicant's request. Applications 20 -TM -73 and 21 -TM -73 of F. E. Robles - Remove from Calendar as per staff request. Items 4 and 5. Chairman O'Keefe ascertained that applicant for items 4 and 5 had 20 -TM -73 and been contacted and agreed to removal. :21 -TM -73 Removed from Comm. Gatto m>ved, seconded by Comm. Adams, to remove items 4 and 5 Calendar from Calendar. Motion carried, 3-0 a PC -144 Page 2 3 -TM -74 continued b, c and d of Item 1, Items 2 and 3 continued MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 Moved by Comm. Gatto, seconded by Comm. Adams, to continue item 6 to next regular meeting. Motion carried, 3-0 The Planning Director suggested that due to large size of audience only a under item 1 be discussed now, with b, c and d and items 2 and 3 being continued to the next regular meeting. It was so moved by Comm. Adams, seconded by Comm. Gatto. Motion carried, 3-0 WRITTEN COMMUNICATIONS The Planning Director distributed, copies of letters received from Mrs. Juanita McLaren, .Mr. and Mrs. Robert B. Edwards, Mr. T. E. Schmidt, Mrs. Ned Baxter, Mr. and Mrs. Frank Zubryki to the commissioners. ORAL COMrITJNICATIONS - None PUBLIC HEARINGS 1. CITY OF CUPERTINO: Public Hearing to consider 1973 Comprehen- sive General Plan. a. Discussion of Infilling of Valley Floor The Planning Director said that staff had attempted to notify as many property owners as possible; had even notified some who were not in- volved. He noted this meeting is the result of a number of months of hearings. Chairman O'Keefe said the commission would go over the staff report and then ask for comments from the audience until 10:00 p.m. The Planning Director then classified the land areas evaluated as part of the Valley Floor Infilling segment of the General Plan, using a map to designate these areas visually. He gave a brief summary of the decisions reached to this point. He explained that when a property has a higher or lower zoning than that of the adopted General Plan, the zoning must be brought into conformance to the General Plan. lie also explained the ranges of density for dwelling units per acre. 4 MINUTES OF THE REGULAR' PLANNING COMMISSION MEETING OF MARCH 11, 197 The Associate Planner then discussed the flood plain area south of Stevens Creek Boulevard, using a map to point out what had been designated by the Flood Control District as a natural flood plain. He recapped findings of the flood plain study. He noted both the State and Federal governments are interested in regulating flood risk areas. He described the Open Space Element and Conservation Element. He reviewed the laws that relate to flood plain area pro- tection. The Flood Control District representative had discussed three alternatives . (1) A concrete channel. This would be very expensive. (2) A modified flood plain - leave in natural state and build levees from natural channels. This would destroy existing recreational areas. (3) A natural flood plain. No structures to be built in boundary of flood plain. The areas with natural flood plain zoning would remain in comm/recreational or agricultural not requiring residential structures. A trade-off was proposed that when a large amount of the property was in the natural flood plain, there could be more density allowed on the portion not in the flood plain. The area is basically surrounded by single family homes and developments would have to keep character of area and relate well to existing residences. Chairman O'Keefe suggested moving easterly and discussing each parcel with comments from the audience. The Planning Director then went through each parcel giving the proposed zoning. Comments from the audience were requested. Comm. Adams recommended tentative approval of land uses on parcels 1, 2, 3, 6, 20, D, E and F as part of General Plan amendment and directing the Planning Director to forward to the EIR committee. Seconded by Comm. Gatto. Chairman O'Keefe asked to exclude F in order to get additional input. After a brief discussion, it was agreed to defer parcel F to end of meeting. It was clarified that the motion covered sending parcels 1, 2, 3, 6, 20, D and E to EIR as amendments to General Plan. Motion carried, 3-0 The discussion then went to Stevens Creak Canyon, southerly of Stevens Creek Boulevard. Mr. Sam J. Anderson, 14457 Big Basin Way, Saratoga, read statements of his clients, Blackberry Farms, Inc. and Louis B. Stocklmeir, Sr. PC -144 Page 3 Parcels 1, 2, 3, 6, 20, D and E approve PC -144 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 Page 4 Mr. Anderson said the Blackberry Farms, Inc. had retained an engineer- ing firm to make a study of the flood plain. He suggested a decision regarding the flood plain should be made by the Water District and forwarded to the Attorney General of the State of California. The Attorney General has the power to render opinions on any matter of law that concerns land in the State, and is best able to render a decision on eminent domain versus police powers. This would save the taxpayers money and time in court. The Assistant City Attorney said he would like a chance to read the letter. He pointed out that an opinion by the Attorney General is just an opinion, not law. He assumed Mr. Anderson was talking about arbitration. Mr. Kilian also pointed out that the City of Cupertino has no power to require the Water District to ask for this opinion. Whether Cupertino agreed to be bound by the opinion is another matter also. It has been decided that the City has the power to zone property in the flood plain based on police power. The final decision will have to be up to a court. Mr. Anderson said one of the commissioners should go to the library and ask to see the Attorney General's Opinions and see what this consists of; it is a clear declaration of law based on facts given. The Water District should have done this before. Comm. Gatto asked for clarification of remark in letter about an expenditure of $100,000.00. Mr. Anderson said this was taken from an article in the Mercury which said this covered economic and planning consultants of Palo Alto and their work in the General Plan review. He said there is a clear problem of compensation for take. Litigation is so expensive. Comm. Gatto asked about Stevens Creek and Permanente water sheds. Mr. Anderson said there are two water sheds. Permanente had to obtain more water than came down the mountain so had purchased water from the Stevens Creek water shed. Comm. Adams spoke of the Petaluma case relating to eminent domain and police power. A discussion followed on the use of ordinances to control property zoning. Mr. Louis B. Stocklmeir, 22120 Stevens Creek Boulevard, Cupertino spoke to methods of Planning Commission in arriving at 4-1 vote in establishing flood plain south of Stevens Creek Boulevard. He said from his long experience with this territory it is obvious that drainage from any area of this elevation is being diminished constant- ly. As to percolation in this area, there is a very inappreciable amount between the Stevens Creek Dam and Stevens Creek Boulevard. It doesn't start until or below Stevens Creek Boulevard and almost 1/3 of the way to Homestead Road, between south of Moffett Field and north of Fremont Road. From flood plain standpoint, the whole Santa Clara Valley is a flood plain. He pointed out that the Stevens Creek channel bed is 5 to 6 feet lower than it was in 1920. Mr. Stocklmeir spoke to a study made by engineers of the State of California which had stated this area would be adequate to take any 100 year flood. He referred to page 27 of the report which he was filing with the City Clerk. He stated he was also filing a covering letter. - MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 Comm. Gatto ascertained what was in this report. Mr. Stocklmeir creek and explained how this was Adobe Creek was the only channel being considered as the channel said it was the channel of the done by engineering formula. considered not adequate. Mr. Stocklmeir then read his letter, saying he was sorry for the letter and extended his apologies. The letter protested the down - zoning of the General Plan. Chairman O'Keefe asked for other comments from the audience. Comm. Gatto said the Planning Commission and City Council had responsibilities with regard to areas that have potential hazards and they would be in default if they did not restrict structures in these areas. Comm. Adams agreed. He said the Commission had to take under consideration the responsibility of looking to potential hazards because of flood problems. He wondered if there were more public input. Mr. Dave Pilling askdd what was going to happen north of Stevens Creek Boulevard, The Planning Director said there was a different problem in the area north of Stevens Creek since there are homes already constructed in the flood plain. Several alternatives have been discussed. There will be additional hearings with the Flood Control District and property owners. The questionwasdiscussed as to who would finance a concrete channel if this were to be the solution. Mr. Bruce Hubback, 14081 Pike Road, Saratoga, said he was the owner of Deep Cliff Golf Course property and had not had one piece of correspondence from staff. It was learned that the property is leased and the notice had been sent to the leasee. The Planning Director invited Mr. Hubback to come to the Planning Department and he would explain procedures. Chairman O'Keefe asked for further comments from the audience. Mr. Louis Stocklmeir said the wrong problem is being considered. If Stevens Creek reservoir should be fractured by an earthquake, everything would be washed into the Bay and no amount of flood plain control would be adequate. No plan line description was obtained. Earthquake potential was more dangerous and a study should be made of how to make an earth dam safe against earthquake rather than worrying about a problematic 100 year flood. PC -144 Page 5 III PC -144 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 Page 6 Mr. Ray Crump, P. 0. Box 634, Cupertino, reviewed protest to flood plain zoning. Comm. Gatto said the proposal of examining property as a whole for density had great merit. It benefits the owner and places the units where there is greater safety. tie asked the land owners to speak to this proposal. The Associate Planner reviewed the density proposal. The property owners in the flood plains could get density trade off by keeping all units outside the flood plain area. Mr. Crump said he thought it opened a different avenue and sounded like it would have some merit. Mr. Stocklmeir said increasing the density in sufficient amount to offset pecuniary loss was a novel proposal and he would like to hear more about it. Comm. Gatto said this proposal should be made available to anyone concerned and taken up at a later date. The Planning Director said additional time for property owners to consider would be appropriate but this was not a new idea. It had been used in the DeAnza Oaks area. Mr. Bob Brokaw, 1008?_ Carmen Road, Monta Vista, Said since the meeting was to discuss the flood plain area, many in the audience were concerned about the widening of Stevens Creek Boulevard. The Director of Public Works said once infilling and hillside is determined, lane requirements of Stevens Creek in that area and plan lines..will proceed. Mr. Brokaw said this was not adequate. He would like to have something more concrete. Map has delineated intent to widen Stevens Creek. Mr. Viskovich said indications so far show that Stevens Creek from Burn to Foothill will be a 4 lane road about 100' in width. Existing Stevens Creek is only paved section of 26' or 30' so there will be a large swath through that area to accomodate 4 lane road. Chairman O'Keefe ascertained the alignment had not been determined. The Planning Director pointed out that this question would be heard further under item 8 of agenda. Mrs. Patti Briscoe, Monta Vista, spoke asking for retention of 10,000 square foot lots. Mr. Anderson then referred to the "Cowan plan1t. Since the golf course is in the flood plain, he wanted to know if there would be any compensation paid to Mr. Nelson and would he be forbidden to build any structures. The Planning Director said the proposal does not suggest there is a public ownership of the golf course and therefore there would not be any payment for the golf course. It does propose that there not be residential structures built within the flood plain. Mr. Anderson repeated his question to be sure it was clearly understood. The Planning Director pointed out they are not proposing any different use than is on there now. Mr. Anderson then wanted to know who would pay the taxes. He said MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 197 nobody wanted to talk about who would pay for a take. He again referred to his suggestion of going to the Attorney General for an opinion. Mr. Kilian said the City's position is that there is no take by zoning or flood plain. He quoted a case which involved county, flood plain zoning and restricted use of flood plain zoning; very much the same kind of proposal as we have here with the excep- tion in this case the City is offering an incentive of greater density in non -flood plain areas. In this situation, the City is not required to grant compensation. Mr. Anderson said he wanted a definite answer on whether or not this City is willing to submit to the General Attorney for his opinion. Chairman O'Keefe said this was a statement that must be rendered by the Council. The Planning Commission was not in a position to do so. He said this would be reworked by the staff and brought back to the meeting of March 25. The commission agreed to extend discussion of infilling o.f Valley Floor to 10:30 p.m. Mr. Chuck Butters, attorney for Blackberry Farms, Inc., said that under the alternate plan of density trade off, the City was compen- sating for flood plain zoning. The only person not being compensa- ted was Mr. Nelson and he would expect to be paid in cash. Mr. Kilian said this was an interesting point and might be a legal point in adopting the "Cowan plan". Mr. Bernard Ponseggi, 22350 Cupertino Road, Monta Vista, said he was discussing the property on the easterly side of Foothill Boulevard. He thought the plan was a good one for this area and would like to keep it at that density. Ms. Mildred Jones said she owned three parcels on Stevens Creek Boulevard. They were surrounded by traffic and large commercial enterprises. There are a large number of duplexes and apartments with no play area. Holding to 10,000 square foot lots would make it impossible for her to either develop or get out. This area should be left to apartments. She proposed a petition to see if the landowners wanted to hold at 10,000 sq. ft. or have it 7,500 sq. ft. Comm. Gatto asked why she felt increasing land use would improve the situation. She said land use was already increased on all sides except one tiny island. It was impossible to utilize the land as single family units. The vacant land would just have to be left there. Comm. Gatto said there were a number of parcels on the border line and the commission had given cognizance to their existance. These could be allowed to build as non -conforming lots. He was not able to grasp point however where you have a parcel that is suffering from density being improved by more density. It was ascertained the area being discussed was Area B, a triangle between Cupertino Road and Stevens Creek. PC -144 Page 7 PC -144 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 P age 8 Mr. Ponseggi said (1) there is no commercial building as such on triangle at present time, (2) triangle at major portion is 300' and will be narrowed down with roadway going through, but this would not disturb property on Cupertino Road and (3) there are some houses there that are a shame. Ms. Jones said every time they had tried to develop they had been stopped by zoning. She recommended that the commission take under consideration the use of duplexes since it is surrounded by duplexes and commercial. No one could afford to build there as R-1 zone. Chairman O'Keefe noted this would be heard again. Mr. David Cumming, 21150 Grenola Drive, Cupertino, said his property is across the street from the commercial area. He suggested using his land as a buffer zone between larger homes and the triplex apartments. Mr. Stocklmeir referred to the report on widening of Stevens Creek which he had filed with the Commission and the City Council. He asked if he would be notified when this would come up. It was noted this would be settled at a special hearing. Mr. George Davis, Merriman Road, said he doesn't like to be crowded with neighbors and he hoped the Planning Commission would stick to 10,000 square feet. Mrs. Bob Brokaw, 10081 Carmen Road, Monta Vista, said she was con- cerned about 7,500 sq. ft. lots of Ditz Crane. She remembered at last hearing it was decided to be zoned 10,000 sq. ft. She feels 7,500 sq. ft. is not consistent with the area. Comm. Gatto explained how this density had been affected, and noted it would be discussed later in agenda under item 8. Mr. H. Coppel, Kerlin Road, San Jose, said he represented owners of northwest corner of Stevens Creek and Foothill Boulevard. He under- stood the latest recommendation was for duplex zoning and wished to go on record as not agreeing with this recommendation. It will be difficult to ask people to live on a corner where the traffic is in excess of 17,000 cars per day. It should be considered as neighbor- hood commercial. Mr. Glenn Preston, 10349 Palo Vista Road, Cupertino, said he would like to have his property considered as commercial along with the northwest corner. It is on the northeast corner of Stevens Creek and Foothill Boulevard. At 10:25 p.m. Comm. Gatto made a motion that item 1 a (Infilling of Valley Floor) be continued to March 25, 1974 with no further decision on the item being made this evening. Notion carried, 3-0 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 The meeting was resumed at 10:42 p.m. The Planning Director noted he had planned to discuss the Planned Development Ordinance under Unfinished Business. Because of length of agenda, the commission decided to continue this until the March 25 meeting. 2. Recreation/Entertainment Zoning Ordinance Regulating Commercial Recreation Uses. Continued to March 25, 1974 meeting. 3. Neighborhood Commercial Ordinance to regulate Convenience Neighborhood Commercial Uses. Continued to March 25, 1974 meeting. 4. Application 20 -TM -73 of F. E. ROBLES (Juanita Williams): TENTATIVE MAP to legalize an existing .305 acre parcel in accordance with the provisions of Ordinance No. 568. Said property is within a R1-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit) zone and is located adjacent to Mount Crest Drive approximately 100 feet from the intersection of Linda Vista Drive and Mount Crest Drive. First Hearing. Removed from calendar as per staff request. 5. Application 21 -TM -73 of F. E. ROBLES (Juanita Williams): TENTATIVE MAP to remove lot line between two parcels to consolidate said parcels into one building site. Said property consists of .694 acres and is located within a R1-10 (Residential, single-family, 10,000 sq. ft. per dwelling unit) zone located northwest of Mount Crest Drive and south of Linda Vista Drive. First Hearing. Removed from calendar as per staff request. 6. Application 3 -TM -74 of G. C. McKINNEY: TENTATIVE MAP to divide 4.05 acres into sixteen single-family residential lots. Said property is located westerly and adjacent to Linda Vista Drive approximately 700 feet southerly of Hyannis - port Drive. First Hearing. Postponed to March 25, 1974 meeting per applicant's request. PC -144 Page 9 20 -TM -73 Removed from calendar 21 -TM -73 Removed from !calendar �3-TM--74 Postponed to 13/25/74 �meeting PC -144 Page 10 2-Z-74 Keith E. Garner, et al. MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 7. Application 2-7..-74 of KEITH E. GARNER, ET AL: REZONING 14.761 acres from P (Planned Development with commercial intent) zone to P (Planned Development with commercial/ industrial intent)' zone or whatever zone may be deemed appropriate by the Planning Commission. Said property is located in the southwest quadrant of Saratoga -Sunnyvale Road at Freeway 280. First Hearing. The Planning Director said there had been a number of questions raised during the last discussion on this and the commission had asked the Public Works Director to do some additional work on traffic control and counts. He referred them to the report submitted by the Public Works Director. The Public Works Director reviewed his report covering the peak hour traffic on Fridays and the traffic generated by the Savings and Loan during peak hours. This report also covered signalization of Saratoga -Sunnyvale Road and Valley Green Drive. With respect to peak hour traffic on Fridays, the traffic counts for the savings and loan was less than banks but in high range in regard to perform- ance standards, i.e. 6.3 trips. Home Savings has 76 one way trips per.acre. Green Leaf Drive was projected for signalization under Crossroads Unit II with Mariani Drive. This application might hasten the need for signalization of Valley Green Drive. I€ the signal was coordinated with the signals at 1280 and Highway 9, this signal could work. A street network. could be planned around this signal. As :Long as it is known that a signal would work at Valley Green Drive, development could go ahead. A map was put up so that the streets could be identified. It was ascertained there would be sufficient footage to allow for stacking between signals at 1280 and Valley Green Drive. Chairman O'Keefe said the pivotal point of the application at its last hearing was the traffic generated on Fridays. The Director of Public Works compared savings and loans trips with batik trips. Comm. Gatto said the intensity of the uses was the main point. Chairman O'Keefe asked for comments from the applicant. Mr. Dick Pacheco, representing Keith Garner, said the plan was a conceptual plan using guidelines set forth by the City Council and the Planning Commission. At the present time the only thing they are ready to go with is the restaurant which will generate 14.3 trip ends. The restaurant building sets on corner and is oriented to parking lot away from Saratoga --Sunnyvale Road. The other build- ings are planned for financial and industrial uses. There would be a covenant in the lease covering absolute minimum traffic between the hours of 5 and 6 p.m. This would eliminate 11 acres of traffic generation between these hours. He noted the restaurant would be buying their property. Comm. Adams asked what type of industry would eliminate traffic generation and was told it would be mainly research and development, MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 197 no manufacturing. Mr. Pacheco pointed out they were using Saratoga -Sunnyvale Road as gateway with facade that would. allow this to be identfied with Cupertino. In answer to Comm. Adams, Mr. Pacheco said there are three major entrances plus complete traffic flow around property. He explained how they anticipated having trip ends work. Comm. Gatto noted this is the first application under Planned Development Ordinance. Since it is at conceptual stage, the commission shouldn't be looking at buildings other than uses and density. Mr. J.Le'Deit said he understood they must come back for each use permit. He pointed out industrial complexes are not on environment of busy street. Traffic noise will not affect them. He pointed out several alternate traffic routes. He said signalization is good use of intersection and would fit in their plans. . The Planning Director said from a conceptual point of view this application is in keeping with the General Plan. Comm. Gatto said density criteria must be established. In consider- ing industrial uses, the question is how much building, quality of building and what is the impact traffic -wise on the land. One criteria•of traffic count seems to be flexibility. He doubted if zero traffic could be controlled, but control can moderate traffic generation. They have to define use and designate square footage in industrial. Circulation patterns of traffic on site and impact on immediate area was discussed. He noted this plan has a lot of definitive plan elements. He could agree to accept all uses but needed additional input to establish performance standards. He did not think this could be done on trip ends alone. Comm. Adams agreed this conceptual plan fitted into what the Commission was looking for. Comm. Gatto said he could not solve the density question now - just give staff directions. He wanted to know how this rates in compari- son to West Valley Industrial Park, is it greater or less density. They would need input from H -Control and staff as to what is a reasonable degree of landscaping. A lot of these questions will be routine in future applications. Another question is the flow of traffic to the project. Energy consumption might be a factor. Future definition of frontage landscaping should be resolved. The Planning Director said 50' from the curb had been designated. PC -144 Page 11 PC -144 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 Page12 f Mr. Pacheco said they were completely flexible on the industrial area. In the near future would be able to bring in developer. Their question is how soon they can start developing. Chairman O'Keefe said this would be discussed on March 25. Mr. Pacheco asked what would be required regarding landscaping. If the restaurant went in first might require entire 50' of landscaping on Saratoga - Sunnyvale Road and driveway clear across property to get to restaurant. Would be open to City decision with regard to financial and industrial buildings. Time factor they are faced with is the restaurant. The concern has been waiting since May of last year and are ready to submit plans to the City. Chairman O'Keefe said guidelines for developers to come back with definitive plan will be available. A discussion was held on Valley Green Drive and Green Leaf Drive and the possible development of property south of Valley Green Drive, The Director of Public Works said Bandley Avenue extension would be needed between Green Leaf and Valley Green Drives. A discussion followed on various traffic patterns that would discourage commuter traffic from cutting through residential streets in the area. Comm. Gatto noted that circulation at this end of town must be solved. 2--Z-74 continued 5-Z-74 4 -TM -74 Ditz-Crane Chairman O'Keefe asked for comments from the audience. There were none. It was moved by Comm. Gatto, seconded by Comm. Adams, to continue 2-Z-74 to next regular meeting on March 25, .1974. Motion carried, 3-0 8. Applications 5-Z-74 and 4 -TM -74 of DITZ-CRANE: REZONING 3.4 acres from City of Cupertino CG (General Commercial) to City of Cupertino El -7.5 (Residential, single-family, 7,500 sq. ft.per dwelling unit); PREZONING 7 acres from Santa Clara County R1-10 (Residential,. single-family, 10,000 sq. ft. per dwelling unit) to City of Cupertino Rl-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit); and PREZONING 1.2 acres from Santa Clara County R3-2.5 (Residential, multiple, 2,500 sq. ft. per dwelling unit) to City of Cupertino R1-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to divide said properties into 52 single- family residential lots. Said property is located at the southeast corner of the intersection of Foothill Blvd. and Stevens Creek Boulevard. First Hearing. It 14 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 The Planning Director referred to copy of zoning sketch and tentative map proposing street alignments and single family lot configurations. He described aspects of the tentative map, noting that discussions of infilling of valley floor seem to address themselves to a density of 0-4 dwelling units per acre. There would be no direct access to Stevens Creek Boulevard. He said they had attempted to contact property owners. One thing that had been discussed was the amalgamation of small lots on Stevens Creek into that development. The City cannot hold Ditz Crane up because they cannot settle with other property owners. Comm. Gatto asked the Planning Director to go over size of lots in the area. Most of them are 10,000 sq. ft. lots with 60' streets. There are no sidewalks in the area. Comm. Adams asked about Stevens Creek Boulevard alignment. Tentative staff point of view is to consider lots 2, 3 & 4 to have a*maximum additional dedication of approximately 35'. The Director. of Public Works explained the staff reasoning on this. Any extra land will revert back to the property owners. Chairman O'Keefe opened the meeting to comments from the audience. Mr. Ron Harris suggested a minimum of 10,000 sq. ft. since the surrounding lots are all at least 10,000 sq. ft. He also suggested one story homes as current houses in area are one story. He pointed out possible traffic problem smaller lots might create. It was clarified that the street marked Hoo Hoo Way on map is now Carmen Road. The Director of Public Works pointed out that once the plan lines are adopted, the staff would recommend that Carmen Road be a cul-de-sac. Mr. Joe McCune, 10079 Carmen Road, Cupertino, said 10,000 sq. ft. lots should remain due to density problem. Another thin,, he would like to see would be one story dwellings. Two story homes would ruin view for existing home owners. Since he can't develop his property at least he'd like to look at it. Mr. Don Kienitz, 22310 Janice Way, Cupertino, said there is a lot of traffic now. He reported a boy had been hit at the top of the hill. He would like to keep one story buildings on 10,000 sq. ft. lots. Mr. Bob Brokaw said the plan appears to be one that won't fly. Proposed cul-de-sac would trap people. 7,500 sq. ft. lots would not be in keeping with the surrounding area. PC -144 Page 13 PC -144 I MINUTES OF THE. REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 .� Page 14 i Ms. Ann Anger, Monta Vista, said she was happy to see residential in this area. Would like to 10,000 sq. ft. but realizes that the land value might prohibit it. Mr. Tom Bardet, Mobil. Oil Corporation, said he was not here to say for or against the application per se. Maybe a little more input on over-all change of master plan should be taken into considera- tion before definite action is taken on this application. Mr. Noor Billawalla said he represented property owners from Mobil Oil to Palo Vista Drive. Cul-de-sac is shown ending on their property. Plan has shown indications their access to Stevens Creek would be blocked off. The PJ.anning Director said if this were to be zoned for residential there would be the opportunity to front on Stevens Creek Boulevard. Mr. Billawalla said he discussed this with the owners, and it seems like with loans against the property they might as well forget about investment and walk away from it. He would hope that they would leave that particular parcel commercial. If approval means that parcel would be dezoned, they would be opposed to it. Comm. Gatto was answered that the county is abandoning Bellevue Avenue and half will go to the adjoining properties. Mrs. Patti Briscoe, Monta Vista, said she would like to see 10,000 sq. ft. lots. Ditz-Crane builds good homes. People will be willing to pay for custom homes on larger lots that would not be dowuzoned or downgraded. Mr. Ron.Harri.s suggested extending Bellevue "cul-de-sac" onto Janice Avenue. Ms. Nancy Hertet said there should be provision made for children and parents going to the school. There should be a roadway at least the width of a street. The same would apply to Ramona cul-de-sac. Mr. Dick Cecchi, representing Ditz-Crane, said they had attempted to create a safer traffic pattern in this residential area. He explained their intended traffic circulation. They must consider what is feasible in this area with present land value. The average lot size is 8,500 sq. ft. Some developed lots on 1Sira Vista are nearer 9,000 sq. ft. than 10,000 sq. ft. They are building $65,000 to $70,000 homes and will agree to all conditions of approval. MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 Comm. Gatto asked Mr. Cecchi if he had examined the potential of extending Bellevue. Mr. Cecchi said they would lose lots by doing so and it would tend to direct more traffic on Janice directly rather than indirectly. They are locked in to some degree by inter- section. Mr. Cecchi said they plan to overlay street to improve it. Comm. Adams asked staff to point out parcels that were under 10,000 sq. ft. The Planning Director did so on the map. It was ascertained that R1-7.5 maximum yield is 4.4. This application comes out to 3.8. Comm. Adams noted the difference between public comments and applica- tion would be less than 10%, or a difference of only 4 or 5 houses. Mr. Cecchi said 3.2 would be the maximum yield on 7,500 sq. ft. It was ascertained there would be both one and two story homes. Comm. Adams said he would like a better layout of cul-de-sac on port east section of Bellevue. Comm. Gatto thought 52 units is a justifiable compromise with the surrounding area. Bellevue Street needs to be looked at. Restric- tion on two story homes would not be reasonable. Other property owners in that area have opportunity to build two story homes. The Planning Director said the zoning law did allow two story homes. Comm. Adams noted there is a slope at end of Bellevue cul-de-sac. Chairman O'Keefe said he could accept the closeness to the 10,000 sq. ft. There are some flag lots that might be modified to lower density to 3.5. Regarding two story homes this would not be compat- ible with character of neighborhood as he knows it. Comm. Adams felt that based on original zoning, this is a much Bette: compromise for the area. Mr. Joe McCune said he would like to see Carman Road blocked off at Stevens Creek Boulevard. Mrs. Brokaw said she would like this also. The Planning Director spoke to ordinance which says cul-de-sac can be 60' in right of way if it is no longer than 350' in depth. This exceeds that. Mr. Cecchi said because of configuration of land on Bellevue they have two alternatives. They could either cul-de-sac as shown or have two opposing cul-de-sacs which would be creating another intersection. Comm. Adams commented this was a very long cul-de-sac. He suggested a continuation to look further at the street situation. Comm. Gatto said he favored holding in abeyance in light of total infilling situation. He would like to continue at least until next meeting. He asked for some reading from Ditz-Crane on one story vs two story homes. PC -144 Page 15 PC -144 Page 16 5-Z-74 and 4 -TM -74 continued to 3/25/74 1 -EA -74 James W. Foug & Assoc. Negative Declaration filed MINUTES OF THE REGULAR PLANNING COMMISSION MEETING OF MARCH 11, 1974 When asked how he felt about a continuation, Mr. Cecchi said the Commission is considering two separate items; rezoning and the tentative map. The zoning is the key item. He asked if they could rule on this portion of the application. He would like to record their map in July. In answer to Comm. Gatto, he explained how rezoning would speed up the map filing. The Assistant City Attorney said many factors can be considered on zoning, but the tentative map must be accepted or rejected on criteria spelled out in the ordinance. Comm. Gatto moved to continue applicationuntil the next regularly scheduled meeting. Seconded by Comm. Adams. Motion carried, 3-0 UNFINISHED BUSINESS: None NEW BUSINESS: 9. Environmental Review Committee - Recommendation for Negative Declaration: (a) Application No. l -EA -74 Project Name Rezoning & Tentative Nap - Prof. office and related commercial Applicant James W. Foug & Assoc. (Sec. Pac. Nat'l. Bank) Location NE Quadrant of Saratoga -Sunnyvale Rd. & Pacifica Ave. Present Zoning P (Planned Development with commercial intent) Discretionary Action Requested: Application for rezoning to P (Planned Development with professional office and related commercial intent) and tentative map to divide property. The Planning Director referred to work sheets on this parcel of 3.27 acres. He noted the recommendation was for negative declara- tion to be filed. Comm. Gatto said he would be abstaining. Comm. Adams moved to direct staff to file a negative declaration on Application 1 -EA -74. Seconded by Chairman O'Keefe. Motion carried, 2-0-1 Comm. Gatto abstained I MINUTES OF THE REGULAR PLA N11 G COISSION MEETING OF .PARCH 11, 1974 (b) Application No. 10 -EA --74 Project Name Mini Warehouse Development Applicant Bruce Edwards Location Westerly cf Mary Avenue at its northern terminus at Freeway Rt. 280 Present Zoning R1-10 (Residential., single-family, 10,000 sq. ft. per dwelling unit) Discretionary Action Requested: Application for rezoning to P (Planned Development with light industrial intent) The Planning Director reminded the Commission that action on negative declarations does not represent the Commission's sanctioning or not sanctioning the project as proposed by the application on file. This application involved approximately 4.8 acres. He noted a discretionary action will not come before the Planning Commission until General Plan has been adopted by City Council. In answer to Chairman O'Keefe, Mr. Sisk said there is an existing older single family home. on site which is being rented at this time. As a part of the development, they propose to keep a person on site at all times. Comm. Gatto said he would want assurance this is strictly a storage facility. After further discussion, Comm. Adams moved to direct Planning Director to file a negative declaration on 10 -EA -74. Seconded by Comm. Gatto. Motion carried, 3-0 PC -144 Page 17 10 -EA -74 Bruce Edwarc Negative Declaration filed (.c) Application No. 17 -EA -74 17 -EA -74 Project Name Vallco Fashion Park Regional Shopping Vallco Park, Center Ltd. Applicant Vallco Park, Ltd. Location East and West sides of Wolfe Rd. south of Freeway Rt. 280. Present Zoning & Discretionary Action Requested: West side Application for rezoning to change intended land use from P (Planned Development with general commercial use intent) to P (Planned Development with regional shopping center commercial use intended); East Side - Application for rezoning to change intended land use from P (Planned Development with light industrial use intended) to P (Planned Development with regional shopping center commercial use intended) I PC --144 Page 13 17 -EA -74 Negative Declaration filed Adj ournmant MINUTES OF THE REGULAR PLANNING CO I tISSION a E'Tliv'G OF ;LARCH 11, :1974 The Planning Director referred to work copy sheets. He said it was :important to understand what the project is in this assessment. The project is not the use permit to develop a regional shopping center; it is a change in land use designation to conform with general plan. An Environmental Impact. Report will be necessary for the project and it is being written at this time. Noting this was basically a "paper" designation, Comm. Gatto moved to instruct the Planning Director to file a Negative Declaration on Application 17 -EA -74. Seconded by Comm. Adams. Notion carried, 3-0 REPORT OF THE PLANNING CO MISSION: None REPORT OF THE PLANNING DIRECTOR: None APPROVAL OF MINUTES: Comm. Gatto moved to review Minutes of Regular Meetings of Feb. 11 and 25, 1974 and Minutes of Regular Adjourned Meeting of Feb. 20, 1974 to the next re-uiarly sch:!du:Led meeting of starch 25, 1974. Seconded by Comm. Adams. i ADJOUPL%T.L ENT At 1:05 'a.m., Comm. Adams moved the meeting be adjourned to March 25, 1974 at 7:30 p.m. Seconded by Comm. Gatto. ATTEST: /s/ wm. E. Wider _ City Clerk APPROVED: /s/ Daniel P. O'Keefe Chairman 1 A