HomeMy WebLinkAboutPC Minutes - 09-09-1974CITY OF CUPERTI'`NO, SATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF THE REGULAR 1 STING OF THE PLANNING COYC''IISSION
HELD ON {�,`S:'4"i'T:?1mER � T 97 N THE COUNCIL TT ('LT ATfT2E CITY HALL
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CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
The meeting was called to order at 7:34 P.M. by Chairman' O'Keefe
with the Salute to the Flag.
ROLL CALL
Comm. present: Adams, Cooper, Gatto, Woodward, Chairman O'Keefe
Comm. absent: None
Staff present: Director of Planning and Development Sisk
Director of Public Works Viskovich
Deputy City Attorney Wenzel
APPROVAL OF MINUTES
Minutes of Regular Meeting of August 12, 1974
Page 2, first 2 lines of third paragraph from the bottom should
read: '''GIs. Mary Hamilton, 326 Camille Court, Mountain View, said
her group has already spoken to the City Council. Her group feels,
an EIR should be . . . . ."
Page 3, fourth paragraph from the bottom, line 10: Delete "on the',
property".
Page 4, fifth paragraph, second line: Add the phrase "in the
Catholic Church property" after the word "total".
Page 8, second from the bottom paragraph, third line: Correct
spelling of word "stated".
Page 9, first paragraph, second line: Delete "cost houses" and
replace with ' density'.
Moved by Comm. Catto, seconded by Comm. Cooper to approve the
Minutes of August 12, 1974 as corrected.
PC -166
Page 1
Motion carried, 5-0
PC -166
Page 2
Hillsides
liscussion
ostponed to
postponed
23rd.
MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
POSTPONEMENTS, ETC,
The Plann'ing Director said there were none.
WRITTEN C0!-21MU'NICATIONS
There were none,
ORAL COMMUNICATIONS
Mrs. Ethel Joquess, of Weldon Joquess, 10320 South Saratoga -Sunnyvale
Road, Cupertino, presented a Trianon commemorative plate to Chairman
O'Keefe in recognition of his contribution to the Historical Society.
PUBLIC HEARINGS
1. City of Cupertino: Public Hearing to consider 1973 Comprehensive
General Plan.
a. Hillsides
The October 5th field trip will be confirmed at the next meeting.
Upon request of the staff, it was moved by Comm. Gatto, seconded by
Comm. Adams to continue the discussion of the Hillsides for the 1.973
Comprehensive General Plan to September 23, 1974.
Motion carried, 5-0
2. CITY OF CUPERTINO: Consideration to amend the adopted plan line
for the Cupertino Crossroads/Core Area involving the extension of
Bandley Drive from Greenleaf Drive northerly to Valley Green Drive.
First Hearing continued.
The Planning Director recapped the last public hearing on this plan
line. Two alternatives were discussed for Bandley Drive, one of which
bisects the Falk property and the other does not. There were a number
of residents of the area as well as representatives of the property
owners stating their views, after which the matter was returned to the
staff for further study. At this meeting, the Planning Director
introduced alternatives C and D. The Director of Public Works reviewed
the time factors and costs to implement the plan. He said there were
three ways in which this can be implemented: the property owners would
dedicate and improve; through eminent domain; and by means of a local
improvement district.
MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COM1MISSION MEETING
Chairman O'Keefe asked for comments from the audience.
Mrs. Marion Secrest, 26696 Greenleaf Drive, said she would like to
maintain the cul de sac rather than have access to Saratoga -
Sunnyvale Road, and she would like the water company to clean up
their property.
Mr. Allen Garcia, 10511 Beardon Drive, said he lives at the corner
of Greenleaf. He also opposed the extension of Greenleaf Drive
to Saratoga -Sunnyvale Road on the basis that there will be a sub-
stantial increase of traffic on residential streets. The houses
are not insulated from traffic noises. The Planning Director said
there is the possibility of cutting off more of the corner in a
more curvilinear manner, which would take the traffic farther away
from those homes along Greenleaf Drive.
Mr. Garcia answered Comm. Cooper that he would be in favor of
Alternate D, which goes out to Saratoga —Sunnyvale Road at Hanford.
He answered Comm. Adams that he now hears the freeway traffic at
his residence and anticipates additional noise when the industrial
park is developed.
Mrs. Mavis Kashuba, 10475 Beardon, said Alternate D looks good to
her.
Mr. Fred C. Bailey, 20730 Fargo Drive said he sees no reason to
bring the commercial traffic into his residential area.
Mr. Tom Harrington, Palo Alto, said' he.was representing the Falk
Property. Both he and his client are very sensitive to the
present traffic conditionsandto the future traffic. The road
he is concerned about is the connecting piece between Valley Green
Drive and Greenleaf Drive in alternates B and C. He said it woulc
only help those people living in the area and wishing to go north.
He believes alternate A or a combination of A and C would be the
answer here. He said the people objecting to A are not taking
into consideration their access to Saratoga -Sunnyvale Road. Their
traffic would only be increased at peak hour, not all day long.
He said A could be put in immediately, including the traffic
signal at Saratoga -Sunnyvale Road.
Mr. Jim LeDeit, of Pacheco and Associates, said he was represent
the Garner properties. He said the drag strip problems along
Beardon will have to be taken care of by the Police Department.
He suggested a combination of alternates A and C.
Mrs. Elizabeth Minton, 20731 Fargo Drive, was in favor of closing
off the area from through traffic. She offered to canvass the are
to see how the residents feel about this matter.
PC -166
Page 3
PC -166
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MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
Mr. Nick Rutzakes, 10495 Beardon Drive, was in favor of alternate D.
The Director of Public Works answered Comm. Gatto that the traffic
between Greenleaf Drive and Valley Green Drive generates 4000 cars
all day, and 560 peak hour traffic on the extension of Bandley Drive.
He added that alternates C and D would be sealing off the apartment
complex from Saratoga -Sunnyvale Road.
Comm. Woodward commented that we may be solving one problem here but
creating another. People need to go east on Valley Green Drive
in order to gain access to the freeway. Also, the majority of the
:omplain_ts thus far have been from the people on Beardon and not from
the people on Greenleaf Drive. He would like very much to try to
keep the commute traffic out of the residential areas. It would
peak out just about the time the children are going to and from school.
Most of the homes are on the west side, so the children won't be
crossing the busy street.
Comm. Cooper was answered that there has been no dialogue on this
plan line with the Mariani representatives as yet.
The Planning Director answered Comm. Adams that the land use designation
of the property west of Bandley Drive is commercial/residential mix.
Moved by Comm. Gatto, seconded by Comm. Adams to close the public
hear i_ng .
Motion carried, 5-0
Moved by Chairman O'Keefe, seconded by Comm. Gatto to adopt alternate B.
The above motion was amended by Comm. Gatto, seconded by Chairman
O'Keefe to have Beardon deadend at Valley Green Drive if future traffic
warrants this.
Vote on the amendment:
AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe
NOES: None
Motion carried, 5-0
Vote on the motion:
AYES: Comm. Adams 3 Gatto, Woodward, Chairman O'Keefe
NOES: Comm. Cooper
Motion carried, ..4-1
MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
3. CITY OF CUPERTINO: Public Hearing to consider Draft
Environmental Impact Report (3-EIR-74) regarding the proposed
construction of a Jack -in -the --Box Restaurant to be located at
the northwest corner of the intersection of Stevens Creek Blvd..
and North Blaney Avenue. A copy of this report is on file at
the Office of the Planning Department, 10300 Torre Avenue,
Cupertino, California.
*** and ***
4. Application 1-U-74: FOODMAKER, INC. (Jack -in -the -Box)
USE PERMIT to allow construction of 1891 sq. ft. restaurant
in a CG (General Commercial) zone upon removal of an existing
gas and service station. Said property is located at the
northwest corner of the intersection of Stevens Creek Blvd. a
North Blaney Avenue. First Hearing.
Chairman O'Keefe advised that agenda items 3 and 4 would be
discussed concurrently since they concern the same property.
The Planning Director said copies of the SAGE Research Corporation
Report have been available in the Planning Department for a month
and copies were available at this meeting.
Mr. Charlie Pillers, of SAGE Research Corporation, 3275 Stevens
Creek Blvd., San Jose, reviewed the findings in the Report.
Comm. Adams asked where the majority of the traffic would come
from. A detailed analysis of that .particular traffic can be found
on pages 29, 30 and 31 of the Report. More than 3/4 of the cars
will be on Stevens Creek Blvd., and about 1/4 on Blaney Avenue,
based on the traffic levels reported by the Public Works Departmen
Mr. Pillers said the highest traffic generator is the freeway;
then Stevens Creek Blvd., Saratoga -Sunnyvale Road, Blaney Avenue,
etc. The major impact comes from the automobiles. Wind directio
and velocity will make a difference.
Comm. Cooper asked the consultant if they have a comparison of
automobiles idling while waiting to go into the jack -in -the -Box
as opposed to those going into the existing service station.
Mr. Pillers said they used evaluations based upon 30 miles per
hour for 1/4 mile. He then reviewed the rationale for the Table 8
on page 31 of the Report. The Director of Public Works explained
this proposal would yield 26 trips per acre more than is generated
by the existing service station.
Comm. Cooper asked what the stacking capacity is. Mr. Piller said
if there are more than 4 cars waiting in line, they then park thei.
cars and walk up to the order window. There are 3 spaces from the
speaker to the pick-up window. He agreed there will be conflict
with cars backing out of the parking spaces if the lot is filled.
PC -166
Page 5
'C-166 MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
'age 6
Comm. Woodward asked about the traffic study on page A-8 in the back of
the Report. It showed the traffic was higher from noon to 1 P.M. than
at the 5 to 6 P.M. peak hour traffic. Mr. Piller said 1 A.M, to 2 A.M.
there is also a peak. He answered Comm. Cooper that it takes about 4
minutes from the time the order is placed to the time it is picked up at
the window.
Chairman O'Keefe said the Planning Commission must evaluate the
aesthetic contribution as well as uniqueness of the proposal.
Mr. Piller said any upgrading of the property will be a plus factor.
Mr. Piller went on to say the noise level of the speaker is a significant
factor. This probably will be an 18 -hour operation, but the computations
are based on 24 hours.
e Sheriff's Department indicated no special problems were anticipated
th this proposal.
Mr. Piller said there is a.bus stop on Stevens Creek Blvd., in front
of this property.
It was noted_ that Shetl Oil still -owns this p-ro rty.
Comm. Gatto said he believes the EIR does not address the social peak traffic
such'as high school kids after a football game. This could have an effect
on the neighborhood.
omm. Gatto was not sure that item 10 should be included in the
bjectives.
. Piller said that, from a traffic standpoint, he would rather see
Jack -in -the -Box at this location than a bank.
omm. Cooper was concerned about left turns, going east on Stevens Creek
lvd.
m. Adams was concerned about the "hang out'.' potential here, especially
it is allowed to stay open after midnight.
hairman O'Keefe asked for comments from the applicant and from the general
udience.
:rs. Julie Grant, 19975 Pear Tree Court, Cupertino, asked the Planning
ommission to please not do this to her neighborhood. She questioned
he aesthetics of the clown on top of the speaker, etc. She noted that
he proposed regional shopping center for Valico Park will add to the
resent traffic.. There would be a drag strip situation along Blaney
venue, with children crossing the street to go to Portal School. She
aid they now have two quick —food establishments at Blaney and Stevens
reek Blvd. �,
MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
Mr. Pat Rogers, 19764 Auburn Drive, Cupertino, said he was speak-
ing for a committee of two dozen citizens living near Blaney and
Portal. They oppose this because they do not see any significant
advantage in having it. There is no need for this service in this
area. He said Jack -in -the -Box is considered low quality, and woul
be detriment to the area. They have no objection to the existing
Shell service station. We already have serious traffic and air
quality problems in the Core Area. There are existing traffic
problems on Blaney Ave. He said they already have a problem with
hot-rodding at night in that area. He noted that .80 db has been
measured by SAGES on a driveway. He said they see no plus factors
and everything they see is a minus factor; therefore, they were
asking the Planning Commission to reject this proposal.
Mr. Tom Gruber, 260 Bangor Avenue, San Jose, said he leases that
service station from Shell. He said that with the closure of
this station, it will mean pulling 30,000 gallons of gasoline out
of the City of Cupertino per month. He said he wants the State
smog license. He does not agree with the EIR in regard to air
quality.
Ann Anger, 10185 Empire Avenue, Monta Vista, stated that she has
spent many hours at these meetings for the express purpose of
having a nice community. She said this is a "honky tonky" pro-
posal for our "downtown". She said they were going to go to the
corner of Stevens Creek Blvd. and Saich Way but lost out. The
present eating place at that corner has changed hands several
times.
Mrs. Lois Foster, 10159 North Blaney Avenue, Cupertino, sees no
reason for a restaurant of this type here. She said cars bark up
to her home now at peak hours. She said that right now there is
no parking allowed along Blaney Avenue in this area. She asked
how the City would enforce the right -turn -only condition. She sa
she has 2 children in school now. There are many children going
to Dairy Belle and the 7-11 every day. She does not believe a
bank would be worse than a Jack -in -the --Box.
Mrs. Frances Dresden, 10180 North Blaney Avenue, Cupertino, said
if this proposal is built she will have even more trash to pick
up all the time. She said that what we really need is to have the
Boulevard Center cleaned up.
Mrs. Julie Grant, 19975 Pear Tree Court, Cupertino, said that 7-11
store on Blaney gets robbed fairly regularly. This is not con-
ducive to a residential area.
PC -166
Page 7
Mr. Piller answered Chairman O'Keefe that he did not ask the Sheri f
Department about the relation between 24 -hour -type drive-in re-
staurants and police enforcement. He went over the air, water,
noise and environmental impacts.
PC -166
Page 8
EIR certified
1-U=T4
ienied-
MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
Mr. Piller said a sit-down restaurant would add more trip ends to the
property. There may be some sociological impacts.
Moved by Comm. Gatto, seconded by Comm. Adams to close the public
hearing.
Motion carried, 5-0
Moved by Comm. Cooper, seconded by Comm. Gatto that the Planning.
Commission certifies that the Environmental Impact Report completes
the requirements of the Environmental Quality Act.
AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe
NOES: None
Motion carried, 5-0
Moved by Comm. Cooper, seconded by Comm. Gatto to deny application
1-U-74 .
Comm. Woodward wanted to discuss the rationale for this denial for the
record. Comm. Gatto said he believes that the staff's recommendation
and the Minutes should be incorporated into the findings. Comm. Cooper
stated that new noises in the evening would be introduced where they
did not previously exist was a negative factor, as well as stacking
problem.
omm. Woodward believes this is not a good location for a drive-in
ype operation, due to the curb cuts and median strip. This proposal
ould be a drawing card for introducing more people into this •area
ate at night.
YES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe
OES: None
Motion carried, 5-0
he staff was instructed to advise the applicant of his right of
ppeal to the City Council.
hairman O'Keefe called a recess at 10;34 P.M. The meeting reconvened
t 10;47 P.M.
e consensus of the Planning Commission was that this project would
ve a significant impact on the environment.
MINUTES OF THE SEPTEMBER 9, 1974 PLANNING COMMISSION MEETING
5. CITY OF CUPERTINO: Amendment to Ordinance 220(e), Cluster
Ordinance, establishing new regulations affecting residential
cluster developments.
Moved by Comm. Gatto, seconded by Chairman O'Keefe to continue
review of Ordinance 220(e) to September 23, 1974.
Motion carried, 5-0
UNFINISHED BUSINESS
6. CALIFORNIA CANADIAN BANK - Review and determination as to
general plan conformance - Located at the northeast corner of
the intersection of Portal Avenue and Stevens Creek Blvd.
(continued)
After discussion, it was moved by Comm. Gatto, seconded by
Comm. Woodward that.the Bank proposal is consistent with the
General Plan.
AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe
NOES: None
Motion carried, 5-0.
NEW BUSINESS: None
ENVIRONMENTAL REVIEW COMMITTEE - Recommendation for Negative
Declaration
7. Application:
Applicant:
Location:
Present Zoning:
Discretionary Action
Requested:
52 -EA -74
Elmano L. V. Homem & Etelvina A. Horn
Lot A, La Cresta Unit. 2, Tract 2769
R3-2.2 (Residential, multiple, 2,200
sq. ft. per dwelling unit)
Rezoning to R2-4.25 (Residential,
duplex, 4,250 sq. ft. per dwelling
unit)
The Planning Director described the location of the property.
The Committee determined that in rezoning the property frgm multi-
family to duplex would, in effect, lessen the land use intensity
and would not have an adverse impact on the area.
PC -166
Page 9
Ord. 220(e)
continued to
Sept. 23rd
Bank for Portal
& SCB consisteni
w/General Plan
-166
age 10
2 -EA --74
2gative
enlaration
MINUTES OF THE SEPTE`tBER 9, 1974 PLA:ING C0: -'!lSSION IIEET.ING
Moved by Comm. Adams, seconded by Comm. Cooper to ask the Planning
Director Ito file a negative declaration on application 52 -EA -74.
Motion carried, 5-0
REPORT OF THE PL_"M ING COISSION
Chairman O'Keefe said he was calling for a new vote on the plan line
under agenda item 2. Comm. Cooper said she mistakenly voted "no"
when she had intended to vote "yes". She requested that her vote be
changed from "no'' to "yes" on alternate B for item 2.
REPORT OF THE PLANNING DIRECTOR -- Nothing further.
ADJOURNMENT
Chairman O'Keefe adjourned the t:eeting at 11:05 P.M.
ATTEST:
/s/ m. E. Ryder
City Clerk
APPROVED:
s/ Daniel P. O'Keefe
Chairman