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PC 07-14-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 9501� Phone 252-4505 PC-17 80,000.� MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD JULY l� 196g IN THE CO UNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 p.m. by Chairman �all to Hirshon, who subsequently led the assemblage in the flag order salute. flag salute Commissioners present: Irwin, Frolich, Buthenuth, Puetz, Hirshon. Also Present: Senior Planner Laurin; Assistant Planner Eng; Director of Public Works Yarborough; Recording Secretary Lucie M. Matzley. Senior Planner Laurin commented on a previously submitted memorandum which outlined essential inclusions for the minutes of the June 23 1969 meeting It was the consensus of the Commissioners that the minutes should remain as printed or as corrected and that the issue commented on by the Senior Planner should be discussed under "Unfinished Business". Commissioner Frolich requested that two additions should be addition to made to the minute� of the June 23, 1969 meeting: i.e. (1) minutes in granting the variance to Application 5-V-69, it should requested be kept in mind that there was only one fence on the property that required a variance, and (2� that there is a particular uniqueness about this request for variance as the property sides on three sides on street exposure. Commissioner Irwin moved, Commissioner Buthenuth seconded and minutes it was passed unanimously that the minutes of June 23 1969 approved be approved as amended. The applicant for Application 18-z-69 had asked that the discussion on this application be postponed to the next regular meeting. Commissioner Puetz moved, Commissioner Irwin seconded and it 18-z-69 was passed unanimously to grant the request for postponement postponed at the discretion of the applicant to the next meeting. There were no written communications nor were there any no communic. oral statements. Public Hearings A. 17-z-69/1��--TM-6g/10-u-69/ZZ-u-6g: James G Bo�hosian: 17-Z-69 Rezoning and prezoning from Single-family Residential 1 10,000 sq. ft. lots (R1-10� to General Commercial (CG� lo-U-69 and Tentative map, approx. 2.35 acres located southwest 11-u-69 corner of Homestead Road and Maxine Avenue; Use Permit legend for Fraternal Lodge, and Use Permit for automobile service station. First Hearing continued. Page 2 Minutes of the Planning Commission July 14 1969 PC-17 80,000.4 17-z-69/l�-TM-6g/lo-u-69/11-u-6g continued present- Mr. Daniel Donovan once again represented the applicants to ation these applications and reiterated the points previously discussed at the meeting of June 23, 1969 at which the applications had been postponed. Mr. Donovan stated that, originally, there had been three lots proposed, with a lot sandwiched between the proposed service station and the Moose Lodge, for which no purchaser had been found at that time. According to Mr. Donovan, the applicants had now decided to divide this proposed lot between the Moose Lodge and the service station, thus dividing the property in only two lots. Mr. Donovan also mentioned that all utilities would be installed underground and that the light- ing for the proposed service station would be of a mushroom type directed away from the adjoining residential areas. Further, that the applicants would dedicate a 10' strip of land with a 5' landscaped and a 5' monolithic sidewalk. Mr. Donovan explained that the spaces provided on one lot would be sufficient for the Moose Lodge membership and that, because of a proposed freeway off-ramp, the other lot would be ideal for a service station as proposed. discuss- The necessity for a traffic signal at the intersection of ion Homestead Road and Maxine Ave.was discussed at length and Mr. Donovan admitted that there had been no plans for this signal- ization. Commissioner Trwin stated that he was opposed to another service station and suggested that some thought be given to attracting business or professional people to this area for better use of the site which, in itself, would eliminate additional traffic and certain noise generated by club activities. Mr. Donovan stated that, without the service station, this proposal would be void. There ensued discussion on the possibility of granting the use permit under some non-conforming use until such time as the Agricultural-Recreational Ordinance has been amended, or a Quasi-public Building Ordinance enacted; and the applicant's representative felt that this could be done. comments When permitted to do so, Mr. John Cabrall of 22103 Hibiscus by the Court stated that he lived immediately adjacent to the site public and that he was opposed to the noise that would doubtlessly generate from lodge activities, especially a swimming pool. r�urther that he would prefer to have a professional building instead of the proposal and that another service station, in his opinion, was superfluous in an area where there are at least nine of them in a distance of a few blocks. Mr. Dean Finkenbinder, a member of the Moose Lodge, stated that there had been a lot of noise generated from the swimming pool at the existing site but that no swimming pool activities were planned for this year, in fact, no swimming pool was sl�ted for construction at this time. Also, that all affairs to be undertaken by the lodge would be of a private nature, alcoholic beverages would be served to members and their guests only and _ that the organization was extremely civicminded and would be an asset to any community. Minutes of the Planning Commission July l� 1969 PC-17 Page 3 80,000.4 17-z-69/l�-TM-6g/lo-u-6g/11-U-6g continued Commissioner Puetz felt that certain conditions should be imposed condition upon a possible granting of the Use Permit, such as restricting the hours to certain times during any on? day and that, if the noise generated is prohibitivz, the Use Permit shall be revoked. Commissionzr Frolich disagrzed stating that it was left to the policing powzr of the City to enforce whatever conditions are �ttached and that no Use Fermit should bz conditionally grant�d, it should 2ither be granted or denied. The audience member who had previously ob,jected to the proposal stated that he would not ob ject ��o i_t _i :" th °)"2 v�ould be res�rictions, such as usa�e times and no svai����i�.ir�� ��ool, placed on this application. Attorney Donovan stated that he did not intend to mislead the Commissioners by stating that th2re-would never be a swimming pool, as a matter of fact, he personally had joined the Moose Lodge becaus2 of the outdoor swimming facilities, and he realized that noise would be �enerated at a greater levzl than t'n��f from a pb�l �,Ji�:�,1� � rl ari T'I-1 lot . Hnr-r°ver, the i•:��e� l location for a pool, if � ��:' :. i+ �,vas prc>j2^ted, wotzl�, ;,� �loser to M�xine Ave., tl�le �'art;r��st aw� from dny residence. Mrs. McLaren stated that the MoosP Lod�e would be an asset to motion the community and that she would certainly be a proponent to a favorable consideration. Commissioner Puetz moved that the matter be'continued to the next meetin� and to advise the applicant to submit an elevat�on and site plan for the proposed Moose Lodge. The motion died for lack of a second. It was pointed out that the service station had thus far not been discussed and that there were many matte� which needed consideration. Irwin again stressed his disa�proval of another service station; however, Frolich felt that a commercial zoning next to residential zoning is not necessarily all bad for the convenience of the neighbors, and that Lot #2 would be a reason- able use for commercial as would the l���ose Lodge be for Lot #l. Commissioner Frolich also suggested that the rezoning matter be postponed and that the Use Permit for the lodge be granted subject to securing an acceptable zoning on the land. Commissioner Irwin moved and Commissioner Buthenuth seconded and public it was passed unanimously to close the public hearing. hearing closed Commissioner Irwin moved to deny Application 11-u-6g (service 11-u-69 station�. Buthenuth seconded. denl2d Ayes: Commissioners Buthenuth, Frolich, Irwin, Hirson N.�es: Commissioner Puetz Absent: None Commissioner Puetz wanted the record to show that his no vote was prompted by the fact that he did not want to see the property of lot #1 turn into commercial zoning. Page � Minutes of the Planning Corrimission July l�, 196G PC-17 SO,G00.� 17-z-69/l�-TM-6g/lo-U-69/ZZ-U-69 continued 17-z-6g Commissioner Buthenuth moved to deny Application 17-z-6g denied Commissioner Irwin seconded. Ayes: Comissioners Buthenuth, Irwin, Putez Noes: Commissioner Frolich, Hirshon Absent: None l�-TM-69 Commissioner Puetz moved that Application l�-TM-69 be approved approved subject to the 12 Standard Conditions plus conditions 13, 14, and 15 as recommended in the memorandum b y the Senior Planner, with the elimination of inapplicable verbiage, and that the approval of this map in no way indicates ap�roval of the �pplied uses. Irwin seconded. Ayes: Commissioners Frolich, Irwin, Hirshon, Putez Noes: Commissioner Buthenuth Absent: None Chairman Hirshon called a recess at 9:30 p.m. The meeting reconvened at 9:�0 p.m. B. Application 18-z-6g had been previously postponed at the request of the applicant. 15-TM-69 C. 15-TM-69: Earl Pennington and Mitchell Bagar: Tentative legend Map, approx. 2.6 acres located west side of Randy Lane, 500 feet north of Stevens Creek Boulevard. First Hearing. Mr. Ray Glunt represented the applicant and stated that this was a resubmission of a previous map which, after re-examination, had been found economically unfeasible due to a three sided street frontage. Senior Planner Laurin reported that the basic need for a requested street had been removed and that the now �proposed cul-de-s�c was sufficien� arid would provide for a better development of the site. There were no audience comments. p. h. Commissioner Buthenuth moved, Comissioner Irwin seconded and closed it was unanimously passed to close the public hearing. 15-TM-6g Commissioner Buthenuth moved that Application 15-TM-69 revised, approved be approved subject to the 12 Standard Conditions, Commissioner Irwin seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None 6-v-6g D. 6-v-69 Utah Homes: Variance to reduce required side and legend rear yards of four lots, in conformance with submitted Development Plan: located in Camarda Court, west side of Randy Lane, south of Forest Street. First Hearing. Minutes of the Planning Commission July l� Zg69 PC-17 Page 5 80,000.� Application 6-V-69 continued Mr. Bob Mathot, Vice President of Claude T. Lindsey Company present- made the presentation of the proposal for twelve duplexes and ation asked that Lot #1 be permitted a 10' setback in lieu of the 12' and Lot #5 in 11' setback in lieu of 12' with Lot #2 to remain the same. Senior Planner Laurin reported that there would be no objections to this variance but that, upon approval, the development plan be made an exhibit to this variance. Discussion ensued on the garages and the street width between discuss- frontages of the cul-de-sac, both of which were deemed suff icient ion to meet Ordinance requirements. When the Chair asked for aud- ience comments, Mrs. McLaren stated that this variance was so minor that it would not be noiceable and that she was in favor of an approval. Commissioner Irwin moved, Commissioner Buthenuth seconded and p.h. it was unamimously passed to close the public hearing. closed Commissioner Irwin moved that Application 6-V-69 be approved 6-v-69 with the conditions as recommended in the Senior Planner's approved memorandum under date of July l� Zg69 Putez seconded. Commissioner Frolich amended the motion to exclude the variance on lots 2 and �. Puetz �econded. Amendment passed unanimously after which the original motion received an all "ayes" vote. E. 12-u-69 M.R. Bell, dba AAA Ambulance Company: Use 12-u-69 Permit for ambulance service headquarters, located legend southeast corner of Orange Avenue and Stevens Creek Boulevard. First Hearing. Attorney Dan Donovan called the Commissioners attention to present� a previously submitted brochure which indicated that Cupertino ation is the only major city within Santa Clara County which does not have its ow� ambulance service and was presently dependent upon the services of ambulances from Santa Clara and San Jose. Further, that the applic�nt had been in the business for some twenty-five years with headquarters in San Francisco and that its services are being utilized exclusively by the Kaiser Found- ation Hospital, the United States Public Health Service and the PG&E employees. Mr. Donovan explained the site and the proposed construction and stated that sufficient parking spaces were provided for four ambulances plus employee parking for six employees, that the facility had provisions for sleeping, but not living quarters for an around-the-clock crew, that it would be landscaped hand- somzly, that the applicant would dedicate a 10' strip of land for street widening on Orange Avenue as we11 as would have a 10' set- back. Also, that no sirens would be sounded until after the ambulances would reach Stevens Creek Boulevard. Mr. Donovan also as�ed that, since there was a natural high hedge existing between the residential area and the proposed construction� that thenecessity Page c? ,�inutes of the FlannLng Commission July l�-I-, 196� PC-17 8o,00u.4 Application 12-U-6� continued for a masonry wall be waived. Further, that a request was being made for a temporary use of the existing building until construc- tion of the new building could be started. Additionally that, until the new building is constructed and the existing building is demolished, a permit be granted for a large trailer to house the operation. Mr. Ray Bell, the owner of the ambulance service, gave a brief presentation of the services rendered by his ambulance company and related the methods in which true emergencies are deter- mined and resolved. p, h. Commissioner Frolich moved, Commissioner Irwin seconded and it closed was passed by a unanimous vote to close the public hearing. 12-U-69 Commissioner Frolich moved for approval of Application 12-U-69 approved subject to the 12 Standard Conditions and with the additional conditions 13 through 16 as recommmended in the Senior Planner's memorandum to the Commissioners under date of July l�- Zg69 Commissioner Irwin seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None 81,00�1-.122 F. 81,00�-.122 Ligr+ Industrial Ordinance, 220(k�: First Hearing. �, The following sections were ��scussed: 116, Height regulations; ordin. 120, Density of employment; 121 (new section:}, Exception for West Va11ey Industrial Park. Guidelines for revision of the fourth draft were given. Commissioner Irwin moved, Commissioner Buthenuth seconded and it was passed unanimously to continue to the next meeting of this Planning Commission. Unfinished Business g-TM-69 ^, g-TM-69 James F. Koch - West Va11ey Industrial park: legend Tentative Map. Southern portion of West Valley Industrial Par:�. Revised Tentative Map. present- Mr. Ralph Ramona presented the revised tentative map stating that ation he requested the elimination of a cul-de-sac, and reducing the number of lots from what was originally proposed, with all previously applied conditions remaining unchanged. Mr. Ramona stated that all plans had been filed, fees had been paid and construction would commence in the very near future. revision Commissioner Buthenuth moved for approval of the Application approved requesting revision of g-TM-69 Commisssioner Puetz seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None Minutes of the Planning Commission July l� 1969 PC-17 Page 7 80,000.� New Business Commissioner Frolich reiterated his statements on possible setback application for setback variances for corner lots and suggested that the staff review the philosophy employed in the existing 12' setback requirement and whether some modifications would be in order to accommodate such requests. Senior Planner Laurin brought up Resolution 670, recommending 16-Z-69 rezoning 16-z-6g and asked the commissioners to check that the wording is in accordance with the intent of the Planning Com- mission. Commissioner Buthenuth moved to add a condition that in case the Light Industrial Ordinance now being studied is not in effect at the time when an application for a Buildi_ng Permit is filed, each use shall be subject to approval r�T the Planning Commission and that the City Council be req�ested tr� con�ider inclusion of this additional condition in the Ordinance rezonin the property. Commissioner Puetz seconded. Ayes: C�mmissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None Commissioner Buthenuth moved, Commissioner Puetz se�onded and it was passed by an unanimous vote to adjourn at 11:25 p.m. AP OVED: T_ °--- /s/ ack T. Hirshon Chairman ATTEST: PLANNING DEPARTMENT E .J� I (/�!G M Adde Laurin Senior Planner