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PC 04-28-69 CITY OF CUPERTINO� St�te of California 10300 �orre Avenue Cuper�ino, Californi� 9501� Phoneo 252-�5G5 PC-12 80,000.4 MINUT�S OF TIi� R�GULAR M�ETIlY� OF THE PLAIVNING COMMISSION HET;D APRII� 28, 1969 IN THE COUNCIL C�iAMBE�R� 9 CITY HAI� � CUPERTINO, CALIFORNIA The meetin� was called to order at 8000 p.mo by Chairman Frolich, who call to order subsequently l.ed the a�semblage in the flag salutea flag salute Commissioners presents Ix°win, Buithenuth, Puetz, Fx°olich. Absent: Commissioner Hi�^shon. Al�o presento City Attorney Anderson; Senior roll call Planner Laus°in; As�istant Planner En�;; Director of Public Works Yar- borough; R�cordin� S�cretary Luci� M. Matzley. S�nio� Plann�r L�:urin reported tha� Commis�ioner Hirs�ion had contacted his office to say �hat he was involvecl in a trial and might be del.ayed if at a�.1. able to �ttend thi� meeting. Plannin� Commi.s�ion Ch�,irman Frolich discussed minor chan�es in the minu�es of March 31, 1969 all. of which were noted. Upon the request o the City Attorney the last par�.graph of page 5 of those minutes shall deletion be stricken. Commis�ioner Bu�lnenrz+h nad �ome questions relative to the �pproval of Application 6mUm69 under date of April 14 1g69 takin� specific ex- ception to th� wordin� "strea�l.ined poles". Director of Public Works Yarborou�h reported that he was in r�ceipt of a communication from the Peninsula TV Power, Inc. with a request for a change in �the original approval �iving det�ils of how the cables report on would `be installed. For the benefit of the Commissioners, Mr. Y�r- 6-U-69 borou�h ask�d permi�sion to request th� developer to specifically state the requested changes so that the Public Works Departmen�t could ma.ke a repor� at the next meeting of the Plannin� Commission. The Commissi- oners concurred. Commissioner Buth�nuth s�id that in formulatin� his motion for �pproval of that applic�.tion, he had no� intended the cables to be on �treamlined poles. C�i�irman Frolich sug�ested that a minute order ch�.n�e might be passed to clarify the mat City Attorney Anderson c�,utioned that discussions it would be better to �et a report from the staff on the matter as the application hacl been �hrou�h Ii Control and �pproved by the City Council; however� t�hat �he City Co�ncil mi�ht be alerted throu�h the minutes �ut not to upse� a Use Permit wh�.ch had been �ranted. It was decided to �.irther d��cu�� the matter und�r 19 Unfinis�ed Business". Commissioner Buthenut'h mov�d, Commi�sionez° Puetz seconded to approve the minutEs minute� of March 31 and April 1�+ 1969. The motion pa��ed 3- 0 with approved Commissioner I�ain ab�tainin�. page 2 Minutes of t�e Pl�.nnin� Commission April 28, 1969 PC-12 80,000.4 10-Z-6 Senior Planner Lauz°in reported that Mr. Ward Cruinp ha.�' requ�sted a post- continued ponement of the discussion of Application 10-Z-69. Commissioner Irwin moved to authorize the postponement, Commissioner Buthenuth seconded and it was passed unanimously. There were no wz°itten co�ununications. When Ch�,irmaxi Frolich called for os°�,1 communications, Mr. Samuel Bradlyn of 2234�+ Riverside Driv� commented tha� the City of Cupertino would soon cease to be a rural, a�ricultural crossroad but would become a large popu- audience lation center and should have Ordinances that would afford its effective comments functioning as a City and not as a rural outpost. Mr. Bradlyn thus re- commended that applications for stables within the City of Cupertino receive much �nd thorou�h discussions and hearings in an effort to protect home- owners residin� in the vicinity of proposed stables. City Attorney Anderson stated that Mr. Br�dlyn's remarks were out of order in connection with the agenda, that there are sufficient Ordinances in tBnis City to protect homeowners and that, should this statement be designed for the Buck Norred application it be included in the recording of that hearing. Mrs. Stella Kester wanted to talk about her forthcomin� Use Permit applic- ation for a stable. Chairman Frolich commented that her remarks would be out of order at this time �,s she would receive a hearin� of the Use Permit matter at the time when the Y�earing is scheduled. City Attorney Anderson, in referring to th� last meetin� of the Planning Commission w�iich adjourned at 12:15 a.m., stated that there was an existing problem in �iving all people a fair hearing. This, accordin� to Mr. Anderson was hardly pos�ible when the recorder has been takin� shorthand notes without interruption for periods of some tkzree hours, everyone on the Commission and in the audience is tired, and people still keep talkin�. counsel's comments on Mr. Anderson sug�ested that hearin�s be ti�htened to enable a more rapid records movin� along the listed a�enda and not let the meetin�s continue as long kept as they have in the past. Mr. Anderson sympathized with first-time applic- ants as they have not been throu�h the process before and have a tendency to duplicate statements and talk more than necess�,ry. Mr. Anderson contended that a Commission cannot expect concise and correct minutes when a recorder is required �o �ive a verbatim account of every word said for a period of three hours. For the �uidance of the Commissioners, City Attorney Anderson read two rules in re�ards to the required records of public meetin�s applyin� both to the Plannin� Commission as well as the City Council. To flzrther define his request for shorter meetings Mr. Anderson read Section 65801 of the State Plannin� Act which defined the necessary minutes inclusions. Discussion ensued on the sub�ect and Chairman Frolich disa�reed that reasons for votes should not be detailed in the minutes. He questioned how else the City Council would know how the individual Commissioners had arrived at their decisions. Minutes of �he Plannin� Conuaiss�on April 28 1969 PC-12 80,000.4 Pa�e 3 City At�orney Anderson stated that nei�her Planning Commissions nor City Couneils are cour�s of reco�d and that there was no existin� law which specifies t��t a recorde� is present to record ev�ry word which is spoken. �he law requires that applications� protests and the like must suggestion be submit�ed in w�°iting so that, when an inclusion into the minutes is desired, the reco�de� ma.y �v�il �erself of such written material without havin� to reco�d it in open meet�n�. Mr. Anderson further stated that, in cases where a Commissioner wishes to define his reason� for a vote, such reasonin� be put in writing and handed the recorder foa inclusion in �he minutes. This would eliminate the recording of len�thy statements �,nd would shorten meetin�s. Attorney Anderson ftiirther ��ated that he �ad repeatedly been asked why the government meetin�s are a� len�tY�y at the Plannin� Commission level and do not move code cited along as rapidly as those of the City Council, and that the authority about whic� he was reporting was taken from the Government Code of the State of Califomia. Mr. Ander�on disavowed any intention to filibuster the matter but merely pointed out that the publie is denied a fair hearing w�hen the meetin� statements is permitted °to �o into sueh minute det�il anct that it is the responsibi- lity of the Chaix° to rule �ha°� everyone shall be heaz°d bu�t for short periods of time only. Public Iiearing� A. App�ication �.O=Z-69 h�.d previously been disposed of. B. Applicat�ion 7mTMs690 Claude T. Linds�,y, Ir�c.; Tentative Map 7-TM-69 approximately 3.8 acres located east side of Bubb Road, north legend of Re�rn�rt Creek. Firs� Iie�,ring continued. Mr. Buzz ScY�ult,e of MacKay & Somps Civil En�ineer�, presented the application and explained that certain solutions had been found to the problems diseus��d at tk�e fir�t meeting. For example the cross section of part of the Cul-de�Sac had been red�uc�d from 56' to 48' ri�ht of way, accomplis�ing two thin�s 1} it would salva�e much of present- the landscaping of `bo�h propertie� affordin� a more attractive entrance ation into the de� elo�ment, and 2) to �,llow a 12 ° sicley�x°d setback of the Brown proper�y. A].so, tha� there would be a monoli�hic sidewalk on both sides of th� Cu].mde�Sae and that the City Council m��ht wish to impose a"No Parking restriction in the street,. Commissioner Buthenu°�h movecl Commissioner Puetz seconded and it was p. h. passed unanimousl.y �to close t�e public heax°in�. closed Commissioner But�ienuth moved to �pprove Application 7-TM-69 dated April 7-TM-6 28� 1969 revised with the additional recommendation of "No Parkin�" approved provision within the narrow section of the Cul-de-S�c; "No Parking" with si�ns to be in��alled at the discretion of the Public Works Depaxtment conditions and that °�hese conditions be attached as exhib its to the Tent�tive Map. Commissioner Puetz seconded. Ayesa Commi�sioners Irwin Buthenuth Puetz, Frolich Noesa None Absente Commis�ioner Hirshon page 4 Minu�es of th� Plannin� Gommission April 28, 1969 PC-12 80,000.� 7-U-6 C� Applicat�on 7-Um Buck Norred; Use Pez°mit fo� �iding stable legend on approxim�.tely ��cre� located south of Deep Cliffe Golf Cour�e ne�r the forme� Dorsa Gravel Pi�. First Hearin�. Chairman �rolicn Noin��d ou� t�� his w�s a new applic�ti�n �nd � new proposal �nd did not �ave any �e��n� on the app�zcat�cn prev��usly submi��ed, Mx°e Buck Nor�ed pre��nted the appli�at�on explain�n� *�� thE �i�e was the Ka��er owned gr�vel pi� �ur�o�anded by Kaiser pr��perty on tY�°ee sides present- and by the S��vens Creek Coun�y P��k on t�� fourth. �e �ontended that ation there wou�d be no traffic problem� and that the horse� would be transported in and out of t�e corra� ever� ni�ht, City A��orney Ander�on asked Mro Norred if he would have �r�r objections to having �he grevio�ly pr��en�ed protes� m�de a p�.rt of �he minutes protest of this applica�fon, Mr. Norr�d welcomed the inclusion of �he protest included a,nd stated� �n r�buttal �h�t effect�v� measures �ould be taken to control insects �,nd odor and that the n��rby school bus stop would not interfere w:i.th his opex°ation nor would the stable endan�er the �afety of anyone on t.ie buses . Mrs. St�lla Kes°�er qu�ried w�y Mx°. Nos�recl had two applications on the listed agencia. G�airman Froli�h def�,ned the matter by which� upon approval of the pr��en� appli��.tion a.ppli�at l�U- would be dismissed. audience comments �, R�y �Tohnson of 22403 Riversade Dr�.v� questi�ned if an itemized list of restrictions a�ainst this application was available, a list which would make mandato�y suc� items �,s ��nitax°y, f1y and i.n�ect control and periodic checks by t�e County He�.1�h Depar°tment. Senior Planner Laux°in reported t�at tlhe Health Department did not make any specific re�ommend�,t�.ons in connection with this application but had stated that they would assist in enforeing w�.�,tever restriction� the P�anning Co�ni�sion wou13 place again�t t�e application. p. h� Commis�ione�° Iz°qain moved Commis�ioner Puetz seconded and it was passed closed unanimously to �lo�e t�e publie he�rin�. Cha�.rman Frolich su�gested that condit�on� 1 throu�h �+ placed on the 1-U- app�icat�on also be placed a�ainst t:his matt�r and in addition t�e condition to remo�e �he '�orse� daily. In answ�r to a question b�r Commi�sion�r Buthenuth who queried a previous statement made by Mx°s o Kestex° 9 Mx°. Norx°ed commented t'hat it was true that he had ins�r�.cted Nir��. Kest,er t�at access across his leased property statements would no� b� permit�ed. Mr°. Nox°red expl�,in�d that t`he lease wit�i Kaiser Cement specif°�ca].ly st�t�s and prohibits the use of Kaiser property by his horses as we.11 as �.ny o�h�rs apart f'z°om t�� property �pecifically under lease. Minutes of the plar.dning Commission April 2$, �96g PC-12 80,000.� Applic�tion 7�U- cont pa�e 5 City Attorney Ander�on advi�ed the Commissioners �hat the Planning Commission ha� ��e power �o require deed restrictions and that a copy a�reement of the lease s�ould b� m�,de �v�il�ble to the City Clerk for reference and safekeeping� Mr. Norr�d did not object to this request. Commissioner Irwin reques�ed t�a� th� Sanitary Board review listed in the condi�ions a� "periodic review" be chan�ed to "re�ularly request scheduled review and approval of t�e Public Health Department". Commissioner Iz°win moved to appx°ove Application 7�U- with the 12 7-U- Standard Condition� with - the inclusion of the first foux conditions as approved imposed upon Appli�ation 1-U-69 but with the words "regularly scheduled with instead of '"Pex°iod�C' 5) �hat no horses shall be kept overni�ht; 6) conditions that any chan�es in the lease shall necessitate a filin� of a copy of such lease writh the City Clerk Office. Commissioner Puet2 se- conded. Ayes o Coirnnis�ioner �z°win Buthenuth, Puetz, Frolich Noes; None Absentm Commis�ioner Iiirshon Commissioner Butnenu°�h moved to deny Application 1-U-69 because it is 1-U- superseded by Applica�ion 7-U- Commi�sioner Puetz seconded. denied Ayeso Commission�rs Ir°win� Buthenuth, Puetz, Frolich Noeso None Absento Co�nissioner Hir�hon D. App�ica°tions 12-Z Claude fi. Lindsay, Inc.; Re- 12-Z-69 zonin� from single-f°a,mily Residential-Agricultural , .��-acre TM- 9 lots (Al-�+3) to �in�le-family Residential 7500 sq.fta lots legend (R1-7.5), and Tentative Map� appro�imatei.,y 1+.5 acres located east side of Blaney Avenue 800 feet scnzth of Junipero Serra Freeway. Firs� Iieax°in�. Commissioner Puetz moved, Commissioner Irwin seconded and it was passed matters unanimous].y to combine the hearing of both applications. combined Mr. Buzz Schulte of MacKay & Somps presented the applications. Senior Planner Laurin statecl that a commun�.ca�tion h�,d been received by the Cupertino Sanitary District in connec�ior. wit'r� theTentative Map and present- he sug�ested tha� thi� ma°tter be po�tponed so th�t the necessary changes �,tion could be included �.n the tent�tive map. There were no further comments from the staff on this matter. Mrs. Juanit� MeLaren, Realtor stat�d tha,t the application should be given audience favorable consideration �,s i°t wa,s attempting to construct a worthwhile comments project on a mos� difficult site> Commissioner Puet� moved, Com�issioner Irwin seeond.ed and it was passed p. h. unanimously to cl.ose thF public he�rin�. closed page 6 Minutes o� the Planni,ng �ommission Apr�l 28, 1969 PC-12 80,000.� Applications 12�Z cont"d 12-Z-69 C��+�� rA� Pue�z moved to �ppro�e Apglication 12-�-69 with the 12 approved 5tanc�ai�d t��nd�.tion� o Commi�s:�oner Buthenut� seconded� I�y��s o Comm�s�:�oners 2rw�n� B�zt�Enu��, Fix�tz, Frolic� Noeso None Absento Comm:�ssioner H�rs�on 8-TM-6 Co�nissioner Fuetz moved to continue Applicat�ion 8�TM to the next continued regul.ax° m�e�tingo Comm�.�sion�r° I�°win ��eonc�ed an� it wa� passed unani.mously. Unfinishecl B�sines� A. Applic�,tion 1-U-69 �ad pr�viously been disposed of, recess ' C�aix°man �roli�lh c�,lled a�ecess �,t 9:�5 p.m. The mee°�in� reconvened at 9 e35 P e�� 81,00�+.122 B. 8].,004.1.22 a L�ght Indust�ial Ordinance Co�nissione� Buthenuth mov�cl Conani�sioner Irw�n seconded and it was inclusion pa�sed unanimously to include t�e r.�port by Co�nissioner Puetz as spoken of report onto a tape r°ecorcier in the minute� of this meeting. C. Di�ector of �xbli� Work� ��rborough pres�nted a report of a traffic stuc�y �,t the Se�.r� & Roebuck s�.�� and �howed s��c��, p�a,ns a,nd renderings staff indicating the proposed ch�„nneli�ation of S�evens Creek Boulevard and report problems enco�.tntexed in connection t�ierewith. D. Senior Planner L�.ur°in x°eported on certain matters to the Commissi- oners: 1) the copies of r�sol.u�ion� wh�c�h are sent out to the Commissioners after each me�t�,ng ar� dr�,f°ts and �t h�,� been as�umed that they can be amended statements in �he �arae way a,� the minutes; 2) th� S�abdivision Ordinance states that by staff a Fina1 Map shall be in �onfo2manc� wr�t� th� Tenta�ive Map as approved or conditionally approvede In prac��.ce minor chan�es of lot lines �ce been permittecl b�xt it �eem� th�� m�,or x°evi�ion� such �.s t,he chan�e of the number of lots require� the submi�sion of° a. new Tentative Ni�,p to the Planning Commission, New Business chairman Commissioner But,h�nuth �ov�d �o nominate Co�nssioner Hirshon for the Chair- elected manship of t�e Planning Commis�iono Commis�ioner Ir�ain s�condede Ayes: Commi��oners Irwin� Buthenuth, Puetz Frolich Noess None Absento Commi�sioner Hirshon vice- Comnnis�ioner Buthenuth moved to nominate Co�nissioner Puetz as Vice- chairman Chairman. Commissioner Irwin secondedv elected Ayesa Comm,i�sion�rs Irwin� Buthenuth Frolich Noesa None Absent a Comm�,s�ionez° Hir. shon Abstaino Co�issienex° Puetz Minu�es of th� PY�nning Commi��ion April 28 �969 PC-12 80,000.4 page 7 New Busin��s cont Directo� of Pu�l�c Work� Y�rbo�ou�� a��in presented �he matter of Peninsula �� Powe�, Inem Commiss�one� Ba��enu�h moved� Commi��ioner Iz°win �econded and it was changes passed unanimou�ly that ��e P��nnin� Commis�ion ha� �e�iewed the approved chan�e� as �ubmitted for app�ov�l b� P�n�nsul� T� Po��r, Inc. �nd finds no ob�eetion� �o sam�o Co�ssioner �r°wrin moved fo� ��o�z�°nm�nt Commi�s2one� Puetz seconded and it w�,s p�.��d un�.n�mou��y< �he me�t�.ng �,djous°necl a� 10 �20 p vm, �,djournment API'RO'VID o � j1 ��. � �`s/ Dona1.� A . Fro�.ich Chairm�.n ATTEST: PL,ANIVING DE�AR�1�N'� ; -�%l�� 9'�. sen�,ox° P1��r�nex�