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HomeMy WebLinkAboutPC Minutes - 11-13-1974CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSI HELD ON NOVEMBER 13, 1`974', IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman O`Keyfe called the meeting to order at 7:32 p.m.'with the Salute to the flag. ROLL CALL Comm. present: Adams, Cooper, Gat to, Woodward, Chairman O'Keefe Comm. absent: None Staff present: Director of Planning and Development Sisk Associate Planner Cowan Assistan!_ City Engineer.. Whitten Assistant City Attorney Kilian (8:25) AEPRO DIAL OF MINUTES Minutes of Regular Meeting of October 28, 1974, not available at this time. POSTPONEMENTS Item 7 - CITY OF CUPERTINO: Public Hearing for annual review of five-year capital improvement program. Item 1 - 13--Z-74: San Carlos Homes and Development Company. Moved by Comm. Catto, seconded by Comic. Adams to continue applica- tion 13-Z-74 and the five --year capital improvement program review to November 25, 1974. Motion carried, 5-0 WRITTEN COMMUNICATIONS -- Nona. ORAL COMMUNICATIONS --- Non`. PC -172 Page 1 PC -172 MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING Page 2 O '+n PUBLIC HEARINGS 1. Application 13—Z-74 of SAN CAPLOS HOMES & DEVELOPMENT COMPANY: REZONING 20.7 acres from A.(Agricultural/Residential - 10,000 sq. ft. minimum lot) to P (Planned Development with residential cluster use intent with approximately 3.6 dwelling units per acre) or whatever zone may be deemed appropriate by the Planning Com- mission. Said property is located southerly of and adjacent to Voss Avenue at its westerly terminus. First Hearing continued. 13-Z-74 POSTPONED TO NOVEMBER 25, 1974. postponed to Nov. 25th 2. Application 23--TM-74 of MATE SABIC: TENTATIVE MAP to subdivide 1.11 acre parcel into, five lots. Said property is located adjacent to and southerly of McClellan Road and approximately 350 feet westerly of Linda Vista Drive. First Hearing continued. The Associate Planner said this application was postponed from the last meeting because the Planning Commission wanted reassurance that the house could be placed on the fifth lot without loss of the mature reesJ meTrevised su.--ivision=mag--esr_ri e a propos reciprocal - drive.r:ay easement to serve lots 4 and 5 that will also provides turn- around space for emergency vehicles. Likewise, the common lot line for lots 1 and 2 has been .offset to provide a driveway easement between them. A planter will enclose an existing tree near Rae Lane. The Associate Planner said the staff recommends that the applicant be required to plant the entire bank along McClellan Road. Some arrangement should be made with the City to include an irrigation system along with the planting. Comm. Gatto noted the plan shows one -car garages. The Associate Planner said that in order to have two -car garages the lot lines would have to be realigned and this would make the subdivision unworkable. Comm. Gatto suggested looking into the possibility of the applicant applying for a variance so they could have two -car garages. Comm. Adams was answered by the Assistant City Engineer that, in addition to the normal 10' dedication, the applicant is required to dedicate some 300 sq. ft. in order to smooth out turning radii along McClellan Road. The staff feels that the request for five lots is reasonable, under the circumstances. Comm. Woodward asked if any thought had been given to moving that property line over and apply for variance for lot #4 in order to achieve the two -car garages. The Associate Planner suggested the applicant speak to this. MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING The Associate Planner answered Chairman O`Keefe that the corru- gated building would be nonconforming and could remain until such time as the owner wishes to make any changes to the structure. Comm. Cooper asked if the structures are single or two-story. The Associate Planner said that from a pure design point of view, we don't regulate this in residential zones. Comm. Cooper was concerned about the square footage of the homes, chiefly with lot #3, because of the square footage of the buildable part of the property. Mr. Dick Kiev, 2378 B Walsh, Santa Clara, representing the appli- cant, said they concur with, the landscaping and irrigating proposal along McClellan. He pointed out the plan, showing the placement of the buildings on the lot is tentative. The houses will probably be 2300 sq. ft. and two-story. They have no ob- jection to making two -car garage for lot 5; however, lot 4 may be a problem in this respect. He answered Comm. Cooper that the lot is 7,500 less 1,400 sq. ft for the slope = 6,100 sq, ft. The economics would make it unfeasible to divide this into 4 rather than 5 lots. Moved by Comm. Gatto, seconded by Comm. Cooper to close the public!, hearing. Motion carried, 5-0 Comm. Cooper said her main concern about lot #3 is that she would like to limit this house to single story or split level. She is concerned about the impact, coming up the hill. She said something is going to have to be planted very soon along the bank, before it rains or else it will erode. She would be willing to consider moving that lot line to accommodate a two -car garage. The driveway configuration has been improved. Comm. Adams agreed with Comm. Cooper, except he wondered how the City could condition the number of stories of a residential struc- ture. The Planning Director referred to the line -of -site clause in the ordinance. Comm. Gatto suggested a two-story structure should be no closer than 25' from the setback line. He agreed with Comm. Adams that the City would be hard-pressed to restrict the two-story condition. PC -172 Page 3 PC -172 Page 4 23 -TM -74 approved MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING The Planning Director said this does not automatically go to the H -Control for review, but it could as a special condition of the Planning Commission. Comm. Cooper was in favor of this because there is visual impact to be taken into consideration. She said citizens in the area have been very concerned about the loss of the rural atmosphere along that section of McClellan Road. Moved by Comm. Gatto; seconded by Comm. Woodward to approve application 23 -TM -74, subject to the 14 standard conditions and conditions 15 and 16, .with'. addition of condition 17: This application, prior to development, shall be sent to H -Control Committee for their review of lot #3 and the landscaping screen within the development and along McClellan Road; 18: The tentative map shall be revised to realign the common property line for lots 4 and 5 so as to provide adequate space for two -car garage on lot 5. The realignment shall be accomplished in a manner so as to retain the minimum 7500 sq. ft. for each lot; 19: A minimum 20' rear yard setback shall be required for lot 3; 20: An agreement shall be placed on the final map, subject to the approval of the City Engineer and City Attorney that the private easement will be constructed to City standards providing for the maintenance and parking on the r vate easement as E aserilenL-c' AYES: Comm . Adams, Gatto, Woodward, Chairman O'Keefe NOES: Comm. Cooper. Motion carried, 4-1 3. Applications 30-Z-74 and 28-U-74 of ANTHONY MUSOLINO: REZONING .384 acre from R3--2.2 (Residential, multiple, 2,200 sq. ft. per dwelling unit) to P (Planned Development with residential, cluster intent) or whatever zone may he deemed appropriate by the Planning Commission; USE PERMIT to allow construction of six single --story family units. Said property is located adjacent to and westerly of Miller Avenue at the southwest intersection of Miller Avenue and C,alabazas.Creek approximately 120 feet northerly of Greenwood Court. First Hearing continued. The Associate Planner introduced the application, noting it is the triangular piece along Miller Avenue, two or three blocks south of Stevens Creek Blvd. He referenced the staff memo of November 8, 1974 regarding this proposal. The staff has misgivings in regard to the driveways opening onto Miller Avenue and about the minimal open space. However, this project is well within the density parameter in the General Plan. There is a triplex development to the south, the Fountainbleu apartments across Miller Avenue, and single family development to the est, across the creek. MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING The Director of Public Works was very concerned about the proposal for six driveways backing out directly onto Miller Avenue. The staff had prepared a sketch of a configuration offering more green space and only two.ingress/egress points to the entire property. There is the possibility that the Flood Control District will require additional dedication. Comm. Woodward wanted to know if the applicant planned to fill portions of the bank in order to achieve his proposed development. Comm. Adams questioned the staff's calculations that this comes to 12 units per acre and the applicant is asking for 6 units on half an acre. The Associate Planner said the General Plan operates on gross acres. Mr.. Martin Hess, of Dick Finnegan's Office, Bubb Road, Cupertino, said they are contemplating "for sale" type units here. He added that this property is very difficult to develop. The Flood Control District has indicated they are going to do some work along here. Mr. Hess said they have been working with the staff on this. This is the best solution they could come up with for this paLti- cular property. They want the garages out in front to act as a buffer from the traffic and there will be a gate to help provide security. They are thinking in terms of two -bedroom plus den, two -bath luxury units. They feel there will be more. need for private areas than for a tot lot in this location. He contends E there is good visibility along Miller Avenue from this property. There is a stop light at Stevens Creek Blvd., which will provide breaks in traffic to allow for these people to get out onto Miller There is a median strip so there won't be any left turns. He presented a new set of drawings including elevations. He demon- strated how the cars can maneuver so they head out onto Miller Avenue rather than back out. Comm, Cooper was concerned about the problem of one unit looking directly into another. Mr. Hess said the driveways and windows are offset from each other. There is heavy tree covering along the south property line. They intend to install garage door openers to encourage the people to park their cars in the garages. The Associate Planner suggested the Traffic Engineer review this proposal to see if it is workable. PC -172 Page 5 PC -172 Page 6 MINUTES OF THE NOVEMBER 1.3, 1974 PLANNING COMMISSION MEETING Comm. Catto wanted to discuss design concept. In looking at the garages, they are twice as close together as in an R1 development. The proposed solution is a step in the right direction, but he feels additional, work is needed here. People historically park their cars on the driveway rather than put them in the garage. This will inter- fere with maneuvering and visibility. Mr. Hess answered Comm. Gatto that due to price and design, there won't. -be any children in this development. Comm. Gatto suggested they study some type of introduction of units over the garage. The elements spoken to in our cluster zone are for individuality. Comm. Gatto feels these units need a sense of privacy. He is concerned about the center courtyard with bedroom and living room windows overlooking this court. Comm. Cooper agreed with Comm. Gatto. She said she lived in a similar development in Southern California. There were children. The echo of sound from one building to the other was very bad. The development was laid out much like this. She was concerned about privacy for the She believes the applicant is trying to put too many units on too small an amount _of -land. Comm. Adams would also like to see a lesser number of units here. The parking along the driveway will be there whether they are owner- occvp ed-or ronta.t units . Perhaps longer -driveways -or- stager-i-.g -of the driveways would be helpful. He was also very concerned about the noise in the courtyard. Comm., Woodward was answered by the Associate Planner that parking along Miller Avenue is being contemplated. Comm. Woodward said nobody could back out of this property with 10 cars per minute moving along Miller Avenue. He would like to see the open space within the courtyard rather than down at the tip of the property. He suggested elongating the buildings. The proximity of the buildings along the courtyard will create a canyon effect, Chairman O'Keefe felt the problems could he addressed by design rather than by reducing the project by 17%. We are now seeing a new market and that is the empty nester, who is interested in living within walking distance of shops and possibly walking to work. Because of the location and the traffic, he could not imagine people with small children being interested in living here. The Assistant City Attorney answered Chairman O'Keefe that usually management retains control over whether or not children are allowed. There is the question of how you would control this in the case of Downer occupied units. As to the use of garages for storage and driveways Ifor parking, lie felt this. could best be controlled through the C. C. & R's. MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING Chairman O'Keefe asked for comments from the audience. Comm. Woodward asked the applicant about rear egress from the garages to the units. Mr. Hess said in all cases except unit 6, the garages will have rear. doors. He said that if they go to this new configuration, H -Control will be concerned about the amount of concrete. In the MacKay cluster development the driveways are opposite each other, some 16' apart. Comm. Cooper feels the design must be reworked. There are too many problems that can't be solved with cosmetics. Ms. Ann Anger, Monte Vista, asked if it has been taken into con- sideration how the fire department could get in here. The County Fire, Marshal said they have not yet had this proposal for their evaluation. The Associate Planner said an October 23, 1974 communication from the Central Fire District indicates no problems with this design. Comm. Adams asked if there are bike lanes along Miller Avenue. He was told there are not. Comm. Gatto called attention to the problem of how they would handle the garbage pickup. And with a series of curb cuts, it takes away curbside parking. In the final design of the project, the use of the Cluster Ordinance should be a guide; but it is more applicable to larger developments than 6 units. Chairman O'Keefe said the solution is not in deletion of numbers of units but rather in design of the site. We' should have all sizes of cluster developments. Comm. Woodward finds it hard to see unit #1 in a fire situation. The closest a fire truck could get to it would be curbside. There should be the ability for fire equipment to get into the courtyard. Mr. Hess described the "dry pipe" that would go into the courtyard Comm. Woodward would prefer to see a "wet pipe" there. Moved by Comm. Adams, seconded by Comm. Gatto to continue applica- tions 30-Z-74 and 28-U-74 to November 25, 1974. Motion carried, 5-0 PC -172 Page 7 30-Z-74 and 28 -IT -74 cont'd d to Nov. 25th t'C-172 MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING Page 8 4. Application 24 -TM -74 of HOME FEDERAL SAVINGS & LOAN ASSOCIATION OF SAN DIEGO: TENTATIVE MAP for lot line elimination to combine two properties into one parcel, consisting of 1.08 acres. Said property is located at the northwest corner of the intersection of Scofield Drive and Saratoga -Sunnyvale Road. First Hearing. The Associate Planner identified the property on the aerial photograph. There are presently three structures on the property: a hardware store, real estate offices and residential unit. The application is to irradicate the property line dividing the hardware store from the other two. The staff's suggestion was that the applicant enter into a reciprocal driveway situation with the neighboring commercial center. At some time in the future there will be a median strip in the center of Saratoga -Sunnyvale Road, so there will be only right turn in and right turn out. The Associate Planner said the applicant will go to H -Control for permission for a temporary building on the property until the hardware store's lease runs out. Comm. Cooper asked if they will have access to Scofield Drive through the shopping center. She would like to see some way for customers n l . ShE Gi.: Pen[[ d that: i.�i.s �Gulcl help the traffic si.::v- t:iG, in,xnenej ��._� we already have many banksa-id we Have a need £dr that hardware store. Comm. Gatto brought up the possibility that once the lot line is erased, the bank could sell this commercial property to anybody. Comm. Cooper would like to see PD zoning on this property. It was learned that the hardware store is now considered nonconforming from the standpoint of the number of parking spaces required. The Associate Planner said that the right-of-way goes through a portion of the building the hardware store is in. Mr. Victor Stark, an Officer of Home Savings and Loan of San Diego, said they are workingwith the hardware store for relocation within Cupertino. The lease runs out in two years. He asked if he is premature in applying for this tentative map. He said they have also applied to H -Control for approval of a temporary building. He offered to check into the possibility of access to the Crossroads Center once again. He said the 2000 sq. ft. temporary building will conform to all requirements of the City. Chairman O'Keefe asked for comments from the audience. There were none. Moved by Comm. Gatto, seconded by Comm. Woodward to close the public hearing. Motion carried, 5-0 MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMi4ISSION MEETING It was decided the phrase "investigate all avenues available to" in the first line of Condition 16, after the word "shall" in the staff report of November 7, 1974. It was further decided to add Condition 17: The City shall issue an encroachment permit for another two years. Moved by Comm. Adams, seconded by Comm. Gatto to approve applica- tion. 24 -TM -74, subject to the 14 standard conditions, condition 15, condition 16 as modified and condition 17 listed above. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None Motion carried, 5-0 Chairman O'Keefe called a recess at 9:45 p.m. The meeting recon- vened at 10:00 p.m. 5. Application 33-Z-74 of. MARK J. ALEXANDER: PREZONING .l.l acre from Santa Clara County R2 (Residential, duplex) to City of Cupertino Ri.-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southwest corner of the intersection of University and. Alhambra Avenues. First Hearing. The Associate Planner identified the property on the aerial photo- graph. It is presently a vacant lot. This is the first applica- tion in the four years the Associate Planner has worked here that someone from Old Monta Vista has come in asking for prezoning of a lot less than 7500 sq. ft. The staff recommends this applicatior be delayed until the City has a zoning classification for less thar 7500 sq. ft. lots. The owner is agreeable to this. Moved by Comm. Gatto, seconded by Chairman O'Keefe to continue application 33-Z-74 until the first meeting in. December. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None Motion carried, 5-0 MINUTE ORDER: By Comm. Gatto, to direct the staff to initiate p ceedings to amend the Rl Ordinance to make allowance for noncon- forming lots. Carried, 5-0 PC -172. Page 9 24 -TM -74 approved w/conditions 33-Z-74 continued to Dec. 9th ?'C-172 Page 10 MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING 6. CITY OF CUPEP.TINO: Public Hearing to consider vacation of 10' walkway easement along the easterly side of Lot 59, Tract 2378, Country Life Village Unit No. 2. The Planning Director identified the easement on the aerial photograph. There is concern from property owners regarding use of this easement, and the City is considering abandonment of it. The Assistant City Attorney advised Comm. Cooper that when the City abandons an easement it reverts back to the underlying property owner. There is no legal obligation on the part of the City to return the property to its prior condition. Mr. Windol Martin, 10681 La Roda Drive, Cupertino, said he has lived there the past 15 years. IIe thought they were giving the easement to the school district but later found it was to the City. They never had any problems until just these past four years. Now they are having drinking parties, sex parties, pot parties, etc., in this easement and the fence has bfeen torn down four times. The need is no longer there for the school children since the sidewalks are all in now. er asked Mr. -.Martin what he -plans to do with the property ert p - - p - - - t'� 5 otiep--th_P eas mpnt _is..._;a-}z nJaa.ed_. Mr.- Martin-._- --- 11-- v --to construct a common fence between- his and the adjacent property. He said he has discussed this with the other people whose property is involved. The easement is not used to any great extent by the school chi.LcLen In, taeia 1 t _isaot_-used_beausc at ia-.not --su -face l-. -- He said that rightfully, the property should be returned to its original condition before the easement was granted, but he is willing to forego this. Since there were no coralents from the audience, it was moved by Comm. Gatto, seconded by Chairman O'Keefe to close the public hearing. Motion carried, 5-0 Easement to be Moved by Comm. Gatto, seconded by Comm. Adams to follow the staff's abandoned recommendation in the November 7, 1974 staff report and to forward the recommendation to the City Council. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None Motion carried, 5-0 The Planning Director advised the property owner that this would be scheduled for the November 18, 1974 City Council meeting. MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING 7. CITY OF CUPERTINO: Public Hearing for annual review of five year capital improvement program. Postponed to November 25th. UNFINISHED BUSINESS 8. Discussion of Vending Activities in Service Stations. The Associate Planner explained that about a month and a half ago a gentlemen cane into the office asking if there were any regula- tions on ice vending machines at service stations.- It was deter- mined that there really is no policy on this. The November 6th staff report describes three types of anscillary retail activities commonly associated with service station operations. Mr. Clyde Palmer, Ice Vending, Unlimited, said he feels these services fit right into the service station services. Their machines manufacture the ice themselves, right on the site. This is very handy for recreation vehicles, hunters and fishermen, to be able to purchase ice at odd hours, whether or not the station is open. Ice is their only product. Comm. Cooper asked if the City now has ice vending machines at service stations. The Planning Director said it does not, but we have become involved with ice machines at 7-11 stores. Comm. Adams could see where it would be handy to have ice machines at service stations, but he feels they should be located within the structure. With regard to the sale of garden supplies, charcoal., etc., displayed out in front on pallets, he does not lik( the idea of allowing all these things outside the building. He sees no objection to an arrangement that is wheeled into the building at night as long as the display has something to do with servicing of vehicles. Mr. Palmer said ice is in demand 24 hours a day for hunters, fishermen and the like, so it would hinder his business to have th( ice machines inside the buildings because they would be inaccessib: when the service station is closed. Comm. Gatto said we have two questions here: Regulation of types of activities going on at service stations; and -aesthetics. It is difficult to foresee all types of business that might occur in the future. It is probably possible during the approval stage to delineate the location of the services. If the machines don`t fit into the designated area they should come to the City for review. He believes ice vending machines could go on service station sires No actual decision was made on this matter at this time. PC -172 Page 11 MINUTES OF THE NOVEMBER 13, 1974 PLANNING COMMISSION MEETING NEW BUSINESS: None ENVIRONMENTAL REVIEW CO11I"LITTEE: Recommendation for Negative Declaration 9. Application: 62 -EA -74 Project Name: Retail Tire Store (Cal. Tire Co ) Applicant: Donald Wiener & Paul Castaneda Locat.ion: SW corner of Pasadena and Stevens Creek Blvd. Discretionary Action Request: Use Permit for retail tire sale at an existing service statio . The Planning Director said the Committee finds that the proposed util:_.zation of an existing structure for retail sales has no significant environmental impact. The service station has been abar.loned. Mr. Martin Hall said at this meeting. Th with -this pi'operty. be helpful ii-- he -y a year-to-year lease a good. businesslike to see what the City Stevens -Creek Blvd. - occupied. he, as the owner, represented the applicant :.y have tried for some time to do something the applicant t1ituld �tossed upthe buiiding -somewhat. This will - Mr. Hall said these people presently run business in Los Altos. Mr. Hall. is waiting is going.to do about street alignment of "En--the--mean-time, the property would be Moved by Comm. Gatto, seconded by Comm. Adams to instruct the Planning Director to file a negative declaration on 62 -EA -74. Motion carried, .5-0 10. Application: 63 -EA -74 Project Name: Mary Ave. Mini -Park Applicant: City of Cupertino Location: West side of Mary Ave., north o The Oaks Dev. on Stevens Creel, Blvd. Discretionary Action Request: Irrigation, pathways and land- scaping to be installed. The Planning Director said this involves City -owned property on Mary Avenue adjacent to Freeway 280. The Committee found that the landscaping of a small, vacant site along the freeway has no sig- nificant impact on the environment. PC -172 Page 12 62 -EA -74 neg. decl. MLI;UTE ; OF THE n0v1:MSER 1.3, 1 974 PLANNING COMMISSION l'EETING Moved by Comm. Cat to, seconded by Comm. Woodward to instruct t:he Planning Director t:o file a. negative declaration for 63 -EA -74. Motion carried, 5---0 REPORT OF TILE PLANNING COMMISSION Chairman O `Keefe plans to attend the November 16, 1974 Housing Seminar at Stanford University. Comm, Woodward asked atwhat point the City ;'ili initiate action on the Stevens Creek Blvd, plan line.. The Planning Director said the City is waiting for the hills development to settle down so there will be input in terms of capacity needed. REPORT OF THE PL!NNI G DIRECTOR The Director meet.:Lng. It of the 1:ecen Ref re_s.1 meats remanded the Commissioners of the November 14th will be an in.fo,:me1 exchange of idcaS and rep:)rts League of California Cities ,o(!tlug in Los Angeles nil 1 be. served, Moved by Con mil. Gat_to , seconded by Cii i rmn.n 0 r Koe.f e to ad j burn this meeting at 10:45 p.m. to 7:30 p.m. on November 20, 1.97/x. Motion carried , 5--U APPROVED: Is/ Daniel P. O'reefe Chairman ATTEST: /s/ Win. E. Ryder City Clerk PC --172 Page 13 63 -EA --74 neg. decl.