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HomeMy WebLinkAboutPC Minutes - 08-12-1974CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252--4505 MINUTES OF TI?E RECULAR MEETING OF THE PLANNING COMMISSION HELD ON 1(GUST-12, 1974 IN THE COUNCIL CHAMBERS, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman O'Keefe called the meeting t.o order at 7:36 P.M. with the Salute to the Flag. ROLL CALL Comp , present: Adams, Cooper, Gatto, Woodward, Chairman O'Keefe Comm. absent: None - Staff present: Director of Planning and Development Sisk Assistant City Attorney Wenzel Associate Planner Cowan Associate Planner Laurin Assistant City Engineer. Whitten APPEOVAL OF `MINUTES Minutes of Regular Meeting of July 22, 1974: On page 5, top of the page, after 3%, strike the words: "as absolute. requirement and". Moved by Comm. Gatto, seconded by Comm. Adams to approve the iinut of the Regular. Meeting of July 22, 1974 as corrected. Motion carried, 5-0 Minutes of Regular. Adjourned Meeting of June 27, 1974: Page 14, second paragraph, delete the second sentence. Page 5, second paragraph from the bottom, delete "but denied by". Moved by Comm. Adams, seconded by Comm. Gatto to approve the Minutes of June 27, 1974 as corrected. PC -163 Page 1 Motion carried, 4._1 Comm. Cooper abstained Page 2 Minutes of Regular Adjourned Me.c t irg o'= June i2, 1974: Corrections: The meeting was held in the Conference Room. Page 2, paragraph 5, end of last sentence, add: "in the density suggested". Moved by Comm. Gatto, seconded by Comm. Adams to approve the Minutes of June 12, 1974 as corrected. Motion carried, 5-0 POSTPONEMENTS; None WRITTEN COINUiNICATIONS : None ORAL COMIiUNICArIONS Mr. Rick Vitrano, 1251. Loyola Drive, Santa Clara, said he was repre- senting the citizens for more public participation in the De Anza parking lot project. ( Ms. Mary Hamilton, 326 Camille Court, Mount.ain. View, said her group has already spoken to the City Council. Her group feels an EIR should be required. The project will remove the orchard for motor vehicles, lighting, etc.. The rabbits, rodents and birds will disappear. There will be an increase strain on public roads and the traffic 'Light at Stevens Creek Blvd, and Mary Avenue. Mr. Tom Patton said he works at the De knza organic garden. He feels that the Flint Center overflow parking that takes place at the Sandpiper Restaurant is .a ,problem of the. Sandpiper. - He agrees mare is a need for an EIR. Ms. Hamilton answered Chairman O'Keefe that this -roject does include moving the Trianon. She added that they are very much in favor of 'that portion, of the project. The Planning Director stated that the ICity Council has approved this project and the bids have been let. iThis group was advised that it was out of the hands of the Planning !Commission at this point. MINUTES OF AUGUST. 12 , 1.974 PLANNING CGMMISS ION MEETING PUBLIC IIEARINGS 1, City of Cupertino: Public Hearing to consider 1973 Comprehen- sive General Plan. a, Hillsides Mrs. Kay Duffy, Mid -peninsula Regional. Park District, 20637 Leonard Road, Saratoga., gave some background on how and why the Mid -peninsula Regional Park District was formed. Development was occuring at a very rapid pace. She said there are now five directors but this could be increased, to seven. They are elected from 5 .wards of equal population. They are interested in open space to look at, to walk on, and for low intensity recreation, as well as intense recreation. The area encompassed ;reaches from Palo Alto through Los Gatos. They had a 1.3 million dollar income last year, of which $90,000 came from the City of Cupertino and $30,000 from the unincorporated areas. The basic policy statement should have been received several months ago. It speaks to the acquisition of open space outside urban areas. Mr. Herbert Drench, General Manager of the Mid -peninsula Regional Park District, passed out copies of the '-.arch 27, 1974 basic policy of the Mid• -peninsula Regional Park District and informa.- tional. sheet. He then reviewed it orally. Their acquisition poiic: y is such that the staff first negotiates and then refers the possibility of acquisition to the Board who then holds a public hearing., Their Master Plan should be completed within 3 to months. Their general boundary is the Urban Service Area. Effort is being made to coordinate the District, County, and City trails systems. Colored slides were then shown Within the next 5 to 10 years there will be intensive land acquis=i.ti_on. Mr. Crench said they welcome input from the Planning Commission. Comm. Cooper was answered that they are presently working only outside the Urban Service Area. Regional trails within the Urban Service Areas are being studied. As the Planning Coe',unission does its planning of the hillsides, they would appreciate being recognized as a tool to be used. Coma. Woodward was answered that they hope to manage the open space as economically as possible consistent. with good planning. Mr. Grench said he Frill give the Planning Commission their Master Plan document and asked the Cor•uuission to call upon then from time to time. Comm, Gatto asked what long term financing they have. Mr. G'cench said the sum of all their debts at one time can be :3,0-00,000. They can enter into installment purchases. :c-163 Page 3 --. I: )} - L'1 i1`+V 1.liO '.rx nw VU.Ji .i.t tj./'7 :. i.ni. A.2 .a_,i.• z ' .' V Cvax2L.x_ia..J Comm. Adams asked what percent of their plan will be federally funded. He was answered ,'-hey-will receive State bonds money. Chairman O'Keefe asked how the Santa Clara flood plain fits into} their_ plan. Mr. Grench said if the land is outside the Urban Service Area, they might be interested in. it. Their trails task force is looking into Stevens Creek. They do not have zoning power. Chairman O'Keefe asked for comments from the audience. M:c. Jack Lyddon, 11801 South Stelling Road, said it is very important that the- _statement beamphasized that the District does not acquire property within the Urban Service Areas. They desire to remain good neighbors with the property owners. Father Dan Doyi.e, of Mary Knoll, said the Mary Knoll Fathers are (completely separate from the diesis. There are 700 acres total in the Catholic Church property of which 30 acres near the highway belongs to Mary Knoll Fathers. ,.Juanita McLarer�, 22101 Lindy Lane, realtor, asked how they go about General Manager of the District is also their expert on land acquisition since he i-s .n.- appraiser. Final appraisal is done by independent - professional appraisers, which they contract for. Ms. Mary Ha:Milton, Mountain View, said she is in favor of open space. She would like to see some natural areas preserved for both children and adults to enjoy. - - Mrs. Duffy said -their- policy speaks primarily to Urban Service Areas. Mr. John Rintala, resident of the County -within the Cupertino Urban Service Area, said he believed this is an open space district and not a park district and believes it was misnamed. He feels that we are creating zoo many agencies. We need to provide housing, churches, schools, and recreation in this area. The East Bay Regional Parks' neighbors have tremendous problems in regards to policing. Jaime Aria, Palo Alto, Foothill College student, said he -is in favor or the Regional Park District. He believes that l0Y per $100 is a very small price to -pay for open space and asked the Planning Commission to support it. Ms. Ann An.ger,ionta Vista, said the 84<: per $100 recently approved by - the City Council :Ls for the entire Foothill. College District and not just the De Anza parking lot. MINUTES OF AUGUST 12, 1974 PLANNING CO1'21ISSION MEETING Mr. Martin Hess, of Dick Finnigan's office, Bayshore Properties, said a conceptual study has been done on the Foothill Blvd. PUD as it comes down the hill from the church property. It is in the vicinity of the S.P. railroad tracks. There are 2 sets of twin power lines bisecting the property. Mr. Hess said they worked with the terrain and the tree pattern and feel that 80 well done units would be the best use of this property. The main entrance to this tract would be aligned with Alpine Drive. They would leave the creek area and the area under the power poles as open space. They are considering two story patio houses. It is their feeling that this proposed use would meet the goals of the City and provide open space and public use to private property. On - site recreational amenities would release this burden on the City. Comm. Adams asked how the open space would be maintained. Mr. Hess said they propose a very low maintenance profile here. Comm. Cooper asked what areas he would like the Planning Commissioi to comment on. Mr. Hess said that basically they would like to know the Planning Commission's thinking about density. Comm. Cooper said the majority of the open space will not be seen from the highway. She would like to see a lower intensity use of this property. She commented that the road pattern is in the right direction. Comm. Gatto said that in general terms the project has some good qualities. The proposed direction is good. Chairman O'Keefe said that what was uppermost in his mind was the preservation of those oaks. Mrs. Jackie Hall, 10629 Baxter Avenue, asked the Planning Director to point out the boundaries of the Cupertino open space Haney Creek area on the map, which he did. Mrs. Lucien Hertert, San Juan Road, said she does not believe it is good for the houses cr the oaks to have the housing under the trees. Moved by Comm. Gatto, seconded by Comm. Adams to continue this discussion on the hillsides to Wednesday August 28, 1974 at 7:30 P.M. PC -163 Page 5 Motion carried, 5-0 PC -163 Page 6 MINUTES OF AUGUST 12, 1974 PLANNING COMMISSION MEETING 2. Application 15 -TM -74 of BRUNSWICK DIVISION, BRUNSWICK CORPORATION: TENTATIVE MAP to divide 3.869 acres into three lots. Said property is within a CG (General Commercial) zone and is located at the southeast corner of Homestead Road and Stelling Road. First Hearing continued. The Associate Planner stated this is a follow up on the Use Permit application. In general it was felt that the configuration is acceptable, subject to the conditions that prohibit the map from being recorded until the zoning district is effective, and subject to -a condition which requires reciprocal parking and driveway circulation easements. Mr. Richard Ke ri -_326 Phelan_ -San Jose, said that on behalf of American Recreation Centers he wished to register protest to any action on this, based on the possibility of litigation. Comm. Gatto saked if Mr. Cavallero's proposal and the Gulf properties are tied to this tentative map. The Assistant Planner said these two properties are a part of the original Use Permit; however, they are -d not a part of the actual map. Mr. John Ritala noted there is a reciprocal parking driveway and maintenance and installation of landscaping, utilities, etc., on this property. Moved by Comm. Gatto, seconded by Comra. Cooper to close the public hearing. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Adams to approve application 15 -TM -74 with the 14 standard conditions and conditions 15, 16, and 17 enumerated in the August 8, 1974 staff report. AYES.: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None Motion carried, 5-0 3. CITY OF CUPERTINO: Proposed amendment to Sign Ordinance No. 353 as recommended by Architectural and Site Approval Committee per— taining to Sections 5.11 and 7.021. First Hearing continued. MINUTES OF AUGUST 12, 1974 PLANNING COMMISSION MEETING The Associate Planner said the changes from the July 21st meeting have beenincorporated into this August 9, 1.974 revision. A concensus cf the Commission members was to eliminate the term "guidelines" from the body of the sign ordinance revision. Then, they could not be construed as City law but rather as City policy. They will give direction to the developer. TheAssistant City Attorney said the sign ordinance will pre- sumably be signed July 1,, 1976. This ordinance would cover every application received prior to the adoption of the new sign ordinance. ?fr. Frank Mulkern, of he Chamber of Commerce, said they feel there is no need to amend the present ordinance. Mr. Burrel Leonard, 10050 North Wolfe. Road, Cupertino, protested this'amendment. He said it is much better to carefully consider changing the sign ordinance. After further discussion, it was moved by Comm. Adams, seconded by Comm. Gatto to recommend to the. City Council revision to the sign ordinance based on the draft reviewed at this meeting for paragraphs 7.0210 and 11.. AYES; Comm. Adams, Gatto, Woodward, Chairman O'Keefe NOES. Comm. Cooper Motion carried, 4-1 Moved by Comm. Adams, seconded by Comm. Gatto to recommend to the City Council that sections 5.111 and 5.112 be reviewed by the 9 -man Committee for adequate corrections as to be necessary. AYES: Comm. Adams, Gatto NOES: Comm. Cooper, Woodward, Chairman O'Keefe Motion died, 2-3 Moved by Comm. Woodward, seconded by Comm. Cooper to recommend to the City Council adoption of sections 5.111 as submitted in final form at this meeting and 5.112 as amended by changing the word "enlarged". AYES; Comm. Cooper, Woodward, Chairman O'Keefe NOES; Comm. Adams, Gatto Motion carried, 3-2 PC -163 Page. 7 PC -163 MINUTES OF AUGUST 12, 1974 PLANNING COMi4ISSION MEETING Page 8 4. CITY OF CUPERTINO: Public Hearing to consider an amendment to the 1973 Core Area Plan relative to the northwest quadrant of Stelling Road and Stevens -Creek Boulevard. First Hearing. The Planning Director reviewed the zoning map, the land use map, and the general plan for the Core Area. He said impacts of the commercial/rec- reational use of the 6 acres should be studied. The restriction of three amendments per year is being challenged in the courts at the present time. Comm. Adams introduced the question of possible traffic increase with the commercial/recreational use rather than 12-16 units per acre. Chairman O'Keefe said he is very interested in the reconstruction of historical landmarks. The Assistant City Engineer gave the assumptions on how the traffic would not be any worse with this proposal than with 12-16 units per. acre. Mr. Dori Bandley, 10045 South Highway 9, said he was representing the Saich family in their request for a general plan amendment. Architect Ron Dick, 1799 East Hamilton Avenue, San Jose, presented a site plan, elevations,and profile drawings of the proposed Tennis and Racket Club facilities. He noted the. 25buffer from Stevens Creak Blvd. Chairman O'Keefe brought up the possibility of a density tradeoff -due to the historical monument located on this site. Mr. Bandlay said the parcel was picked by the developer of this club. It is essential that the courts lay ina north -south direction. In regard to the Parrish House restoration, he felt the Saich family would cooperate. Mrs. Ann Anger, Monta Vista, asked if you can mix private and public property together. She was told this is being studied. Comm. Gettto said that we have to be careful that we don't mix our goals here. With a density transfer you have to have something to trade. Chairman O'Keefe sated -that if this site conforms to the zoning,, they do not have co dedicate any property. The issue here is what is the appropriate land use designation for these 13.2 acres. Mr. Bandle y said the residential portion hasn't been programmed as carefully as this portion. There was a concensus that the land use designation should be recreational and/or residential with related incidental commercial uses. The policy stated here is primarily rt=creational/residential use with commercial use secondary in nature. The total 1.3 plus acre parcel shall be developed as a total PD, Density transfers may be appropriate. MINUTES OF AUGUST 12, 1974 PLANNING COMMISSION MEETING Comm. Woodward said he would be Inclined to consider 10 to 16 units per acre to encourage lower density. There followed a discussion on the possible 4 to 1.6 density here. Moved by Comm. Woodward, seconded by Comm. Cooper to continue item 4 to the next regular meeting of the Planning Commission. The Planning Director shall take the final draft to the Environ- mental Assessment Committee. Motion carried, 5--0 Chairman O'Keefe called a recess at 11:10 P.M. The meeting reconvened at 11:17 P.M. 5. Application 25--U-••74 of SHELL OIL COMPANY: USE ?;ERMIT to allow construction of storage room to be added to rear of existing service station. Said property is within a CG (General Commercial) zone and located at the northeast corner of the intersection of Bollinger Road and Saratoga --Sunnyvale Road. First Hearing. The Associate Planner reviewed the August 9, 1974 staff memo on this project. The primary concern of the H --Control was the compatibility with the existing design of the station. The applicant was present and offered to answer any questions. Moved by Comm. Gatto, seconded by Comm. Cooper to close the public hearing. Motion carried, 5--0 Moved by Comm. Gatto, seconded by Comm. Woodward to approve application 25--U--74 subject to the 14 standard conditions and conditions 15 and 16 of the August 9, 1974 staff' memo. AYES: Comm, Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None . "C-163 Page 9 Motion carried, 5--0 PC --163 Page 10 MINUTES OF AUGUST 12; 1974 PLANNJNG COMMISSION MEETING 6. Application 19 -TM --74 of ALICE SIEGRIST: TENTATIVE MAP to erase - property line between two parcels to make one parcel. Said property is within a CG (General Commercial) zone and is located within the northwest quadrant of the intersection of Rodrigues Avenue and Saratoga -Sunnyvale Road. First Hearing. The Associate Planner said this is a follow up matter. The Use Permit will be heard at the next Council meeting. This application is to eradicate a property line. The applicant waspresent and offered to answer questions. There were none. Moved by Comm. Woodward, seconded by Comm. Adams to close the public hearings. Motion carried, 5-0 Moved by Comm. Woodward, seconded by Comm. Adams torecommend to the City Council approval of application 19--TM--74 subject to the 14 s4&ndard conditions and. condition 15, listed in the August 8, 1974 staff memo. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES; None Motion carried, 5-0 UNFINISHED BUSINESS 7. Discussion of Procedural Ordinance The Planning Director explained the proposed changes. Chairman O'Keefe asked for comments from the audience. There were none. Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the City Council adoption of section 6.2 as amended in the August 12, 1974 draft. AYES; Comm, Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES; None Motion carried, 5-0 MINUTES OP AUGUST 12, 1974. PLANNING COIISSION MEETING. 8. Request for clarification of Condition 21 of Planning Commission Resolution No. 1254 for Security Pacific National Bank, rezoning application 6-Z-74. The Planning Director said Condition number 21's intent by the Cor<.unission is being questioned at this time. The staff initiated this Condition with the intent that individual uses within this _--.planned development would not be allowed individual ground signs along the frontage of Highway 9 but that individual uses would havewall signs as opposed to free standing structures. The applicant proposed a low monument sign within the planting area adjacent to Highway 9 to the H --Control Committee, which was not approved. The applicant is now appealing to the Planning Comm. for further clarification. Mr. Ray Clark, Vice President in charge of marketing with Security Pacific in Los Angeles said when he appealed the City Council did riot deny his proposal but rather sent it back to the H -Control Committee. He stated their site is on the corner and there is no place to put a sign so that it can be seen from Highway 9. There- fore, they are asking for a low' prof ile monument sign. They do not have 210 linear feet frontage and they are not set back 50' from the right--of-way. They would have the 210 linear feet if they count the 30' driveway, as the Bank of America ha.s done, in order to get their ground sign. Comm. Cooper said the purpose of allowing only the one ground sigr is when only the remainder of the planned development is deve:l_opec they won't end up with a proliferation of ground signs. Comm. Adams said he agreed with Comm. Cooper; however, he asked if it was true that there was no way to add a sign to the building. Mr. Clark said a sign could be attached but it would be very detrimental to the architecture of the building. In addition to the free standing sign, they are asking to put a sign on the back of the building .that can be seen from Pacifica Drive. Comm. Adam; felt that the bank on the corner should be allowed a small monu- ment sign and he would be in favor of changing the wording on Condition 21. Comm. Cooper believes Condition 21 should remain as is. Being on the corner, they get more exposure than the other businesses; Perhaps a free standing sign could be at the corner but there should be allowance for others to advertise on it also. Mr. Clark said the precedence has been set across Highway 9, as: well as, the Bank of America on Stevens Creek Blvd. They do not want to be on a sign wick other businesses. Chairman O'Keefe asked for comments from the audience. There were none. PC -163 _. Page 11 PC -163 j NNUTES OF AUGUST 12,. 1974 PLANNING CQMMIS.SIiN MEETING Page 12 Moved by Comm. Cooper, seconded by Chairman O'Keefe that Condition 21 of resolution 1254 should stand the way it is, with one ground sign allowed. AYES: Comm. Cooper, Chairman O'Keefe NOES: Comm.. Adams, Woodward ABSTAINED: Comm. Gatto Motion tied, 2-2-1 Moved by Comm. Woodward, seconded by Chairman O'Keefe to send this application back to the City Council with the statement that Condition 21 means that no independent free standing sign will be allowed in this planned development, including monument signs. AYES: Comm. Adams, Cooper, Woodward, Chairman O'Keefe NOES : None ABSTAINED: Comm. Gatto 1- Motion carried, 4--0-1 9. Review of document concerning mitigation of construction activity as required by use permit — `Jallco Park Regional Siionping .:enter. The :Planning Director introduced the August 8, 1974 letter from architect Ralph Butterfield, which fulfills their responsibility to Condition 27 of the ;Tal_lco Regional. Shopping Center Use Permit number 64I-73. Discussion followed. In the. second paragraph of the subject letter, Comm. Gatto would like the second sentence to read: "A noise level limit will be established with the City and the monitoring will determine when abatement action is required." Further, Comm. Gatto would like the next sentence to read: "At the same time, initial procedures will he established ui.th the City and the general contractor to limit the noise level to minimum." Moved by Comm. Adams, seconded by Comm. Gatto to adopt the aforementioned d letter as amended at this meeting. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None Motion carried, 5--0 MINUTES OF AUGUST 1.2, 1974 PLANNING COMMISSION MEETING NEW BUSINESS 10, Abandonment of 5 --foot P.U.E. and Acceptance of a new 5 -foot P.U.E., tract 5220, Northwest Corner of Torre Avenue and Pacifica Drive. The August 6, 1974 memo from the Director of Public Works was introduced. Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the City Council abandonment of 5 -foot P.U.E: and acceptance of a new 5 -foot P.U.E., tract 5220, northwest corner of Torre Avenue and Pacifica Drive. Motion carried, 5•-0 ENVIRONMENTAL REVIEW COMMITTEE - Recommendation for Negative Declaration: 11. Application 48 -EA -74 Applicant: Robert G. Merrick Location: Lot #50, 10346 Alpine Drive Present:. Zoning: R3-2.2 (Residential, multiple, 2,200 sq. ft, per dwelling unit) Discretionary Action Requested: Rezoning to BQ (Quasi --Public Building) ; Use. Permit to allow construction of a private tennis court for use by owners and guests. Acreage: 0.4 acre The Environmental Review Committee ruled this project ha.s no significant environmental impact. Therefore, no EIR is required. Moved by Comm, Gatto, seconded by Comm. Cooper to advise the Planning Director to file a negative declaration on application. 48 -EA -74. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None PC -7.6.3 Page 13 Motion carried, 5-0 16>3 mNUTE OF AUGUST 12, 1.974 PLANNING COMMISSION. MEETING 12. Application 49--FA--74 Applicant : Edwin J. Myers, AIA (` c.ethal I.utl;eran Church) Location: Southwest corner of the inte.Lse .:ion :if Fined Ave . and Sorenson Ave. Present Zoning: RI ---10 (Residenu'.L� L, siu671e---fI-Itai.1y, i0 ,000 sq. ft. per dwelling unit) Discretionary Action Requested: Rezoning 2.83 cares to BO (Quasi --Public Building) The Environmental Review Committeefinds this proposal of an edd.iti.on of an educational center to en existing church facility does not have an adverse impact on the environmentof the area and therefore no EIR is required. moved b O_GaCto, seconded ycoIx Ad ors t I p si th, ₹fin e Director to file a negative declaration on application 49 -EA --7 4. AYES: Comm. Adams, Cooper, Gatto, i•rood*,card , Chaz.rman O t Xeef e NOES: Ncne Notion carried, REPORT OF THE PLANNING CO L•',ISSION None :, Et, ,;, ,...,:: L�� � O� THE PINNING DIRECTOR 13. Report on City Council action or:, Crossroads/Corn Area plan line. The Planning Director advised tl..hat Item 13 was adopted Lv tltn Cl.t Counci,. rind -Ile. Council had amendment ,r, t to g issued an z._.,E.I 3 eu change Ban<.iley Drive Ilan line to Greenleaf, back where it was originally, so this will be retuC?1od to --he. Planing Cori,i:lission.. ADJOURNMENT Chairman O'Keefe adjou'rnerl this meeting at 1.2:21 A.M. f ATTEST: TNII. F,. ',RvdeY City Clerk APPROVED: /s/ _Daniel P. OtKecfe Chairman �..�__.._._.._._..._.._