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PC 05-12-69 CITY dF CUPERT7N0, Stat2 v� California 10300 Tor�e A�enu� Cupertino, California 95014 Phone: 252�4505 � -13 80,000.� MINU'rES 0�' � REGiII,AR MEET�NG OF THE PI.oA1VNING COMMISSION HEI� MAY 12, �g6g zN � cotnvc�� ����xs � CIT� I3ALIL� CUPERTINO CAL. The meetin� w�,s c�.11ed to order at 8�00 p.m. by Cha.irman Hirshon, who call to order subsequently led the assemblage in the flag salute. flag salute Commissioners pre��nte �'rolich� Buth�nuth, Puetz, Iiirshon. Absentt I Commissionex° Irwin. Also present: Gity Attorney Anderson; Senior Planner Laurin; Assist�.nt Pl�.nner Eng; Director of Public Works Yarborough; roll call Recording Secretary Lucie M. Matzley. Commissuoner Puetz moved, Commi�sioner Frol�ch seconded and it was passed by 3-J vate '�o appx°ove °�he minutes of April 28 lg6g Chairman minutes H�rshon �bst�ined. approved There were no �.r.:lo� ncL*nents of po�tponements . no commu- There we�e no or�,l or written communications. nications Public Hea�°in�s A. �1ppl.ication lOmZ-�9e Ward Crump Developments, Inc.; Rezoning 10-Z-6 from Single-family Residential 7,500 sq.ft. lots (R1-7.5) legend �o Singlemfamily Clus�ter Resid.ential 6000 sq.f�. per dwelling unit (R1Cm6) approximately 11 acres located e�,st end of Palm Avenue betwe�n Bl�.ckberry Farm and the Horse Ranch. Firs� Hearing continued. Mr. David Smith of Goodwin Steinberg made the presentation on behalf of the �pplica.nt st�ating tha.t certain modifications h�d been made in the basic s�ze of the concept and tha these modifications had met with the concuxrence of staff in a11 instances. Site plans drawings, renderin�� elevation �.nd cluster plans were submitted for visual aids. presentation According to M�°. Smith, much of th� open space had been preserved which would have been unavailable if singl.e family dwellings had been constructed. M�°. Smith explained the parkin� to be on the lower level covered by a landscaped ma11 and cou.�°t with a11 the p�rking provisions hidden beneath the mall. Mr. Smith contended that the architecture was ad�,pted �to Cupe�°�tino �.nd �ts surroundings and would show shake roofs and stucco �idings. Senior Planner Laurin reported that the Clu�tez Ordinance specifies that cert�in are�,: usable for recreation or adding to visual quality may be included for the computation of total dwelling uni� permitted basis for , and relayed what had been included, and excluded, to arrive at a computation permissible 67 unit�, or 72 units under certain conditions. The applic- ation which cal.ls for only 6 unit� is thus well within the limitations of an R1C-6 zoning. page 2 Minutes of the P1�xinning Commis�ion May 12, 196g PC-13 80,000.� Application lOmZ-69 cnn� Mr. Laurin ��o pointed ou� that problems of s�eep �rades, �elocation of sewers and the bridging and channeliz�tion of Stevens Creek remained problem but could be worked out. According to Mr. Laurin, the Flood Control areas Distric� w�� �w�r� of t�e �xisting problems and would attempt to retain the creek as a natural stream but that �t present, t�i cannot be guaranteed; there might have to be an artifici�l channel. Mr°. Lau�in continued th�t the Flood Control District had requested maintenance roads alon� the b�nks but that they would not have to be paved and could require- detour around trees, shrubs and other ve�etation as long as the site plan ments would permi� access for the maintenance crews. When Chairm�n Hirshon called for �udience comments, Messrs. Frank Purcell, Richard Knight �nd Ron Kessler asked questions relative to st�tements audience made by the �pp�ican�s, including provisions for erosion control, the comments proposed street �bandonment �ccess to the site, steep grading and the channeliz�tion of the ereek. motion to Commissione� Puetz f�lt that there were too mar�y questions that needed continue to be �,nswered at thi� po�nt and moued �hat the matter be continued to the dies next meetin�o T�e mo�ion died for lack of a second. M�°. Ward Crump owner�developer of the site contended that plans were completed and volunteer�d to answe� any quest�on� the Commissioners might have. Corr�is- sioner Buthenuth w�s concerned about the density created by sixty-four units. Mr. Crump reminded the Commissioners that an ori�inal proposal had called for developer 37 lots under R1m7.5 zoning; anoth�r �pplication fo� R3-2.2 had been submitted answers and had received much oppo�ition. Now this application is being submitted queries and this density was necessary in a cluster development where people own a minimum of their own lot �� well as �he open spaces jointly with the rest of the condominium dwellers. Mz°. Crump maintained that certain facilities were planned for inclu�fon in the project which, in effect, would take the burden of p�ovidin� recre�tional f�cilities for these people off the public tax rolls. Commissioner Frolich instructed Mr. Crump that the Sanita,ry District had submitted a lett�r by whi.ch a problem existed in that the development statements proposed building� over existin� sanitary sewer lines. Mr. Crump said that he had been a developer long enough to know that no structures are permitted ove: e�is�in� sanit�ry lines and that the plans for such structure� woul.d be chan�ed to remove the objections. Chaix°ma,n Hirshon qu�stioned the main access to the development as well as who would be re�ponsible for the m�,intenance of such road which would paral- responsi- lel the fl.00d easement. *�� Crump w�s most emphatic in pointing out that bility the Flood Control Distriet requests 120' easement in which to operate defined including two 15 maintenance easements, and that the ma.intenance of all facilities would be the responsibility of the Flood Control District and not the taxpayer� or the developers. Commissioner Frolich questioned the open parking spaces replacing conventional parking curb parking and wonder.ed �f they would be sufficient. MY°. Crump agreed that the plans did not show sufficient guest parking and that he would be willing to adhere to �, condition of the Planning Commission to increase parking. Minutes of the P�annin� Ccmmission May 12, �969 PC-13 80,000.4 Application 10-Z-69 cont�d page 3 When asked for his opinion, City Attorney Anderson stated that once the Flood Control District �.ssumes the easement and jurisdiction over same, the responsibility for the maintenancE wouZd fa11 to the Flood Control District. Commissioner Puetz moved to close the public hearing. Commissioner p. h. Buthenuth seconded and it was passed unanimously. closed Chairman Hirshon agreed that there were ma.ny things that needed to be answered and that the hearings should perhaps be continued. The Commis- sioners gave their individual views on the matter. Commissioner Buthenuth moved to deny Application 10-Z-69 on the grounds l�-z-69 that the densi�y is too high. Commissioner Puetz seconded. denied Ayes: Commi�sioners Buthenuth, Puetz, Hirshon Noesa Commissioner Frolich Absenta Commissioner Irwin Chairman Hirshon advised the applicant of his privilege to appeal this decision, in writing �nd within five days, to thE City Council. B. App].ic�tion 8-TM-69< Claude T. Lindsay, Inc.; Tentative Map, 8-TM-69 approximately �+.5 acres located east side of North Blaney legend Avenue. 800 feet south of Junipero Serra Freeway. First Hearin� ccntinued. Mr. Buzz Schulte presented the appl.ication stating that all problems to which objections had previously been voiced, had been resolved; staff presentation concurred. There were no audience comments. no comments Com�nissinner Puetz moved, Commissioner Buthenuth seconded and it was p. h. passed unanimously to close the public hearing. closed Commissioner Puetz moved to approve Applic ation 8-TM-69 with the 12 Standard Conditions and with Condition 13) as suggested by the Senior Planner in his memorandum. Commissioner Frolich seconded. Ayes: Commissioners Frolich, Buthenuth, Puetz, Hirshon Noes: None Absenta Commissioner Irwin The applicant reque�ted cl�,rification of Condition No. 13 and asked if this would be a s�andard requiremerit.which would be placed upon all future applications. City Attorney Anderson sympathized with the applicant in his quest for request to equal treatment and sug�ested that the City Council be requested to make council this Condition 13 a standard requirement. pa�e � Minutes of the Planning Commission May 12, �96g PC-13 80,000.4 Application 8-TM-69 cant request Commissioner Buthenuth moved to give minute order instructions that the authorize Senior Planner request tht City Council accordingly. Commissioner Puetz seconded and it was passed unanimously. -� U_6� C. Application 9-U-69: Cornelius F. Thomas; Use Permit fo� cocktail legend lounge at 10095 Saich Way. First Hearin�. Mr. Thomas made the present ation. No staff objections were voiced and no audience comments were forthcoming. p. h. Commissioner Buthenuth moved, Commissioner Frolich seconded and it was closed passed unanimously to close the public hearing. - U-69 Commissioner Buthenuth moved for approval of Application 9-U Com¢nissioner approved Frolich seconded. Ayes: Commissioners Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: Commissioner Irwin 8-U-69 D. Application 8-U-69: Mrs. Stella M. Kester; Use Permit for stable legend and riding acade�y for 30 horses in an agricultural-recreational zone, 1085D ��vens Canyon Road, 18 acres. First Hearing. . Mrs. Kester presented thE application. It was ascertained that Mrs. Kester present- was not in possession of a copy of the suggested conditions to be placed ation against this application as submitted and mailed by the Senior Planner. City Attorney Anderson stated that the a?aplicant should be given an opportunity to view the conditions and familiarize herself with same, and at the same opinion time attempt to approach Kaiser Cement and Gypsum with a request to be given by counse an easement over that portion of land which her horses would need for access to the County Park. 8-U- Conunissioner Buthenuth moved to continue the hearing to the next regular continued meeting to afford the applicant to familiarize herself with the conditions and to make contact as above stated. Commissioner Puetz seconded and it was passed unanimously. recess Chairma.n Hirshon called a recess at 9:30 p.m. The meeting reconvened at 9:40 p.m. 1 3-z-69 E. Application 13-Z-69: Leon Hayes; Prezoning from County General legend Commercial (CG) to Light Industrial (ML) portion of Lot 109 located on south side of Lomita Street, between Pasadena anc' Imperial Avenues. First Hearing. pre�ent- Mr. Hayes made the presentation ststing that he was seeking to �et a uniform ation zoning for the two lots of his property with R3 zoning on one lot and ML �oning on the other. Senior Planner Laurin explained how the property division in 30 or 25 foot staff wide lots had taken place in "Old Monta Vista" creating difficulties and, report consequently, did not object to a uniform zoning. Minor deviations from the General Plan may be createc" through zoning. Minutes of the Planning Commission May 12, �.g6g �'��°�.� 80,000.4 Application 13-Z-69 cont"d Pa�e 5 Chairman Hir�hon read a letter submitted by Barbara (Mrs. Leslie A.) Tribble which oppo�ed the granting of the application as same would opposition be inconsis°�ent with the approved General Plan and because the re- letter sidential �on�ng for the �rea should be retained and preserved. Chairman Hi�°shon �,sked what the applicant intended t� do with the site once appro�red. The �,pplicant repl.ied that he in�ended to construct a statements small industrial wa,rehouse and utilize the rezoned lot for parking. Mrs. �Ann Anger stated t'hat she was not in agreement with a possible granting of the �,pplication �,s the area should be preserved as resident- ial as much as possib�.e. Also, that the General Plan made no provision audience for such continuous light industrial zoning. comments Commissioner Buthenuth moved, Commissioner Puetz seconded and it was p. h. passed un�,nimousl.y to close the public hearing. closed Commissioner Puetz moved to approve Application 13-Z-69 with the 12 13-Z-6 Standard Condi�ions stating th�.t this action shall not set a precedent approved fo� athers to att,empt �o change the revised General Plan as adopted by the City Council. Co�nissioner Frolich seconded. Ayes: Commissione�°s Frolich, Bu�i�enuth, Puet�, Hirshon Noes< None Absent: Commissioner I�°win F.. Applic�,tion9-TM-69e James F. Koch; Tentative Ma.p, 15.85 acres -TM-►6 located south portion of West V�lley Industrial Park, north le�end of McClellan Road, between �Jest Valley Freeway and Southern P�,cific Railroad. First Hearing. Mr. Ralph Ramona presented the application and stated that he had con- tacted the Sen�or Planner and was in agreement with all conditions presentation placed against this application with the exception of Condition #18. The Senior Pl�,nner stated th�,t the suggested condition 18 is the same as Condition No. 18 of the Planning Co�nission Resolution 476 approving 1-TM-67, which condition ac°tually is in effect at present. However, he did not object to �he x°emov�.l of this condition through the Tentative condition Ma.p procedure now before the Planning Commission provided that one could explained safeguard ag�inst the pos�ibility that Bubb Road would be permanently �ead-ended into tY�e Southern Pacific Railroad without connection via a _ street to °the section south of McClellan Road. After considerable discussion on the subject, Commissioner Frolich moved directive to give minute order direction to staff to proceed with whatever is to staff necessary to get the approval of the Public Utilities Commission after the approval of the application by the City Council has �een obtained. Commissioner Buthenuth seconded and it was passed unanzmot�.�i_y. page 6 Minutes of th� Pl�nning Commission May 12, 1969 PC-13 80,000.� Application 9-TM-69 cont p. h. Commissione� Frolic� r.:oved, Commissioner Buthenuth seconded an% it was closed passed unanimously to �lose the public hearing. - �t-69 Commissioner �ro�ich moved to approve Application 9-TM-69 subject to approved the conditions �s �uggested by thc Senior Planner with thE exception with that Cond�tion No. 19 should contain the alternate wording "accessible conditions for all.traffic" and that Condition No. 18 be changed to read that provisions be m�,de to the satisfaction of the Director of Public Works and the Senior Planner to assure that the connection through McClellan Road east of the railroad tracks can be ma.de permanent should the City be unable to obt�,in permission from the Public Utilities Co�runission to let Bubb Road cr.°oss the track. Co�nissioner Puetz seconded. Ayeso Commissioners Frol�ch, Buthenuth, Puetz, Hirshon Noes: None Absent: Commissioner Irwin Unfinished Business 81,00�+.122 A. 81,00�+.122s Li�ht Industrial Ordin�,nce continued Commissioner Frolich moved, Commissioner Buthenuth seconded and it was passed unanimously to continue the matter to the next regular meeting. 6-U- B. Application 6-U-69e Report on roads for cables report Director of Public Works Yarborough reported briefly on the matter of the alignment of cables �,long Mary Avenue to serve the approved TV facility near Regnart Road. ' New Business There wa,s no listed new business; the Commissioners discussed several items with the staff including the matter of study sessions for drafted Ordinances as they have to be postponed if placed at thc end of long a�endas. Commissioner Buthenuth mc�ved, Commissioner Puetz seconded and it was passed unanimously to adjourn the meeting. adjourn- The meetin� adjourned at 1Ot20 p.m. ment APPROVED ( :i-'_' I � (._� - � . �� �� v a . _� ATTESTe Jack E. Hirshon � Chairman PLAIVNTNG DEPARTMENT a�c� .��-� Senior Planner