PC 08-11-69 CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, C�lifornia 95014
Phone: 252-4505 PC-lg .
80,000.4
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD
AUGUST 11, 1969 IN T1� COUNCIL CHAMBERS� CITY HALL, CUPERTINO, CALIFORN7A
The meeting was called to order at 8:00 p.m. by Chairman Hirshon, who call to o�^�er
� subsequently led the assemblage in the flag salute. flag salute
, Comanissioners present: Irwin, Frolich, Buthenuth, Puet�, Hirshon. Also
present: Senior Planner Laurin; City Attorney Anderson; Director of
, Public Works Yarborough; Assistant Planner Eng; Recording Secretary roll call
I,ucie M. Matzley.
Co�unissioner Frolich called attention to the fact that, in correcting
the minutes of June 23, 1969 he had intended that the four+.h paragraph
on the first page of those minutes emphasize that " the ap�licant made
the statement that there was only one fence".
Commissioner Irwin moved for approval of the minutes of July l�+th and
Ju�y 28, 1969. Commissioner Puetz seconded. Commissioner Frolich minutes
abstained from the vote on the approval of the July 28, 1969 meeting approved
minutes and the motion was passed unanimously.
Senior Planner Laurin reported that he was in receipt of the following
requests:
l. From Payless Drug Store asking for a postponement of two weeks.
Commissioner Irwin moved, Commissioner Puetz seconded �nd it was pass
unani.mously to authorize the postponement at the request o� the 17-TM-6
applicant of Application 17-TM-69. postponed
2. Request from the Flood Control District asking that Application
16-Z- be continued for two weeks. Mr. La,urin indicated that the
applicant would be present at this meeting and might be opposed to
such continuancea The Commissioners decided to hear the matters as
listed on the a�enda.
Mr. George Wo Griffith presented the request for a Use Permit which 81,005
had been referred to this bod,y by the County. Mr. Griffith explained
that the request was for a private school providin� for 6, 7 and 8
graders, that there were presently only four students enrolled with
an anticipated maximum enrollment of 25 students and that the school
would be located within the American Legion Hall building. Further,
that the hall would be utilized for a period of two or three years
until such ti.me as larger enrollment necessitates a larger facility.
Director of Public Works Yarborough stated that for a development of
this type in the City street improvements would be requested as the
entire area was being brought up to City standards. The applicant
replied that if such request for improvements would mean an expR^d-
iture of even $500 or $600, the application would need to be with-
drawn for lack of funds at this time. Mr. Griffith explained that the
venture was being financed by his personal capital and that at some
f�.iture time, when �he enrollment increases, demands for improvea�ents
could be met.
page 2 Minutes of the Plannin� Commission Augtzst 11, 1969 PC-19
80, 000. �+
Written Communications cont'd
Chairman Hirshon commented that he would still like to see the requirements
placed a�ainst this application. However, Commissioner Buthenuth pointed
ou� that the applicant was merely leasing the facility and does not own it.
request Commissioner Frolich su��ested a compromise and moved that the County be
to county advised that this Planning Commission has no ob�ections to the proposed use
but it calls the County's zttention to the fact that the Cit� of Cupertino
has attempted to require bonds for conventional street improvements and asks
that the Courrty has its records show the need for the requirements for
future a�plications, shcwld it not be possible to impose the conditions
upon this application. Commissioner Puetz seconded and it was passed
unanimously.
Mrs. Spaxks submitted ano�her County referral and stated that he request
was for a Use Permit for a nursery school upon property owned by herself
for a group of some 2�+ youngsters, ages 3 to 6. The applicant also stated
that she would be agreeable to annexation to the City of Cu�ertino.
The staff agreed that, since this body does not have the ultimate authority
to rule on the matter, the same advicF t�e given to the County as that for
the application immedai�ely preceding this request.
additional Commissioner Frolich moved that the County be advised tr�.t this Planning
request to Co�unission is not in opposition to the application, subject to the same
county remarks as previously stated fo* the preceding Use Permit. Commissioner Irwin
seconded and it was passed unanimou�ly.
There were no oral coirununications.
Public Hearings
17-TM-6 A. Application 17-TM-69 had previously been continued at the applicant's
continued request.
18-TM-69 B. Application 18-TM-69: California Lands Investment Company; Tentative
legend Map approximately 17.77 acres located north side of McClellan Road
adjacent to and west of the Southern Pacific Railroad. First
Hearing continuede
Chairman Hirshon advised the applicant that he was in receipt of a letter
from the Flood Control District askin� that ti�is application be continued
for two weeks. The applicant called attention to the fact that there were
two items to be considered.
hearing Commissioner Puetz moved, Commissioner Irwin seconded and it was passed
combined unanimously to combine the hearing of both applications.
16-Z-69 Application 16-Z-69: California Lands Investment Compan,y; Rezoning
legend from Rl-l0ag to ML. Same location as above. (referral from City Cauncil)
Mr. Jerry Dunn, presi.dent of California La.nds, called the Commissioners
attention to the fact that the Flood Control Distriet had received a noti-
fication of this matter under date of June lo, 196g and that they had not
present- responded until August 4. Further, that the Flood Control District had had
ation ample time to ask for a continuance previously but had not done s� and,
considering the fact that these applications had received numerous post-
ponements already, an additional waiting period would place an undue burden
and an unjust hardship on the applicant. However, should the Commissioners
decide to continue the matter, he requested that other problems be discussed
at this time so that only the Flood Control matter needs to be resolved at
the neact meeting.
Minutes of the Planning Commission August 11, 1969 PC-19
$0,000.4
18-TM-69/16-Z-69 cont'd page 3
City Attorney Anderson cautioned that, if a request from a public
agency for a continuance is not honored, this agency can withdraw
from the application and leave the burden of responsibility to the attorney's
City which would then, in effect, be carrying out the duties of,the caution
Flood Control District. Mr. Anderson stated that, until the Flood
Control District accepts the responsibility, there can be no a,ssumpt-
ion of what they mi�ht require.
Director of Public Works Yarborough pointed out that the District had
based its request upon the fact that tests had determined that the
axea under discussion would be a unique location for the installation request
of a percolation area and the Flood Control District would attempt to defined
purchase the site. Mr. Anderson once more urged that this request
by a public agency be honored.
Discussion ensued among the Commissioners and the applicant reiterated
that the Flood Control District had had enough time to ask for con-
tinuance on previous occasions but had not done so.
City Attorney Anderson suggested that a letter be written to the
Flood Control District stating that this Commission has, under duress,
honored their request for continuance and would now appreciate an
expedient reply, preferable prior to the next meetin� of this body. cooperation
Commissioner Buthenuth so moved, Commissioner Puetz seconded. requested
When additional discussion ensued on the request, City Attorney Anderson
strongly recommended against any further heaxing on this matter until
a reply is received from the Flood Control District. The applicant counsel urgea
disagreed commenting that a rep�y would have no bearing on the basic continuance
matter and would certainl_v not prejudice the case or the applicant's
rights. Attorney Anderson stated that the request from the Flood
Control District was the first stop order and should be so honored.
The motion passed unanimously.
Commissioner Buthenuth moved that Applications 16-Z-69 and 18-TM- be 18-TM-69
continued for two weeks e.t the request of the Flood Control District. 1-�
Commissioner Puetz seconded and it was passed unanimously. continued
C. Application 7-V- Roy and Elaine Rosendahl; Variance to 7-V-
permit seven units where the R3 Ordinance permits six units. legend
Lot H, La Cresta Unit #2, Alpine Drive. First Hearing
Mr. Roy Rosendahl presented the application stating tha,t he was aware
of the fact that hardship would need to be proven and that his inter-
pretation of such hardship would be the fact that he had bought the
property with the understanding that the site wou]d be sufficient for presentation
seven units whereas only six units are allowed, pla.ns had been drawn
on the basis of seven units and it was only now that he understood
that the reported squaxe footage of the lot was not the actual square
footage .
page 4 Minutes of the Plannin� Co�c►issian August 11, 196g PC-19
80,000.4
7 - v - 6g cant'd
measure- Commissioner Irwin commented that this statement was a repetition of
ments a previous statement by another applicant that the squaxe footage of �
questioned purehased sites was incorrect, and he queried if the Planning Department
had measured the sites. Mr. La,urin answered that the Planning Department
has, of necessity, to rely on the information being eo�rect as contained
on Tentative Maps and other applications.
Commissioner Irwin also drew attention to the fact t�at a petition, signed
by 31 residents, had been reG�ived in opposition to the variance for
reasons of smaller units drawing people with lesser income, and because
it would set a precederit for the area. Mr. Irwin also pointed out that one
of the signors on the petition was a former applicant whose application
opponent for �, vaxiance had been denied by the Planning Commission and subsequently
defined approved by the City Council. Since the petition pointed out that all
residents, whose si�natures appeax on the petition, "scrupulously acknow-
ledged and complied with the Cupertino zoning Ordinances and building codes,
feeling these laws are a valuabiA protection of our investment", Mr. Irwin
commented that the variance had still been requested by this individual
whose name now appeaxed on a petition opposing a variance.
When Chairman Hirshon asked for audience comments, Mr. Reed Scott of 10296
Alpine Drive said that he lived across the street from the applicant and
that he had bou�ht his property because of the fact that it was si.milax to
audience an island with no possibil%ty of comYnercializing the area, but that the
coamlent granting of this request mi�ht very well devaluate the neighborhood because of
lower income families and additional traffic.
Mr. Louis Chateaud� t�ne of the signors of the petition, stated that he had
asked for a variance for a side-yeard setback and not for an additional unit.
Mrs. Chateaud took strong exception to having her name mentioned previously
and being made an example of and demanded an apology as she strenuously
objected to such treatment.
Commissioner Irwi:n agreed that the audience member had every right to ob�ect
and admitted ta his realization that there was a decided difference between
a sideyard setback and an additional unit. However, since Commissioner Irwin was
statements most emphatic that this matter does not concern itself with personalities
and attempts to do the greatest good for the largest number of people, he felt
that no apology was necessary as he was concerned about the fact that yet
another resident had stated that his property had not lived up to promised
expectationse Mro Irwin did, however, offer to withdraw any mention of
individual namesm
Messrs. Earl Sebral and Jerome Tagerty all voiced their objections to the
objections variance, stating such consideratioas as increased traffic, cars parked on
voiced the streets, the fact that the applicant should have reviewed his plans more
closely before he purchased the site and the concern that a granting of this.
request would devaluate the entire nei�hborhood.
p. h. Commaissioner Puetz moved, Commissioner Irwin seconded and it was passed unani-
closed mously �o close the public hearing.
Minutes of the Planning Cor�r►ission August 11, �969 PC-19
80,000.4
7 cont'd Pa�e 5
Comanissioner Irwin moved for denial of Application 7-V- Commissioner Puetz 7-V-69
seconded. denied
Ayes: Coa�nissioners Irw�n, Frolich, Puetz, Buthenuth, Hirshon
Noes: None
Absent: None
City Attorney Anderson advised that this matter would be before the City Council comment
as an automatic review and that no special appeal was necessary.
Chairman Hirshon called a recess at 9 :35 p .m. recess
The meeting reconvened at 9:50 p.m.
D. Application 19-D-69: Cupertino Hills Swim and Racquet Club; Tentative 19-TM-69
Map, approximately 1.6 acres located southwest corner of Rae Lane legend
and extension of Linda Vista Drive. First Hearing.
Mr. Paul Norwalk, engineer for the project and representing the Swim and Racquet
Club, presented the application and briefly explained the proposal.
Staff reported no problems or ob�ections.
Commissioner Buthenuth moved, Comanissio�er Puetz seconded and it was passed unani- p. h.
mously to close the public hearir.�. closed
Connnissioner Buthenuth moved to ap�rove Application 19-TM-69, sub�ect to the 12 19-TM-6
Standard Conditions. Commissioner Puetz seconded. approved
Ayes: Commissioners Irwin, Frolich, Buth�nuth, Puetz, Hirshon
Noes: None
Absent: None
E. 81,00�+.122: Light Industrial Ordinance, 220(k); First Hearing con- 81,00�+.122
tinued legend
Senior Planner Laurin stated that two sections remained to be discussed. and re-
iterated the essence of previous memorandums of July 11 and July 28 1.969 He
emphasized that Section 120, Density of Employment, was an attempt to apply pe�-
formance standards to traffic generation, but that enforcement may present staff
problems. The ensuin� discussion centered on whether the relatively cumbersome report
Use Permit procedure could be replaced by staff approval.
When Mr. Hirshon called for audience comanents, Mr. R. D. Koenitzer stated that he
would be opposed to having any zoning regulation pass without a public hearing as
the citizens should be advised of all proposals with regard to traffic density, audience
etc. comments
Commnissioner Frolich pointed out that, although he shared Mr. Koenitzer's views
about notifying the general public, these people are in no position to know whether
a certain density requires certain ways of resolution but that staff would furnish statements
the expertise for such matters. Further, that whenever an application is submitted
for rezoning, tentative map or the like, all hearings are public and it would be
during that period that the public can make its views known.
page 6 i�inutes of tbe Plannin� Commission August 11, 1969 PC-19
80,000.�
81,00�,122 cont
Mr. Ralph Ramona asked for either a change in the proposal as stated
in Senior Planner Laurin memorandum of July 28, or that the memorandum
under date of July 11, 1g69 be adopted in its entirety.
In answer to questions by the Commissioners, Director of Public Works
Yarborough a�reed that staff reviews would allow a more expeditious handlin�
of certain matters with a recommendation to the Planning Commissiona
p , h� Co�nissioner Frolich moved, Commiss�orier Irwin seconded and it was passed
closed 'unanimously to close the public hearing.
Ord. 220(k) Commaissioner Frolich moved that Ordinance 220(ls) be recommended to the
approved City Council per the June 3, 196g version of the Ordinance draft with the
with following exceptionse
exceptions l. Section 12001 should read: "Recognizing that a high density of
employment may create traffic volumes that exceed the capacity of
the street system, the following procedure shall apply: where the
number of parking spaces provided exceed one per five hundred (500)
square feet total lot area, the use shall be subject to a specific
written approval by the Director of Public Works. Before issuing such
approval the Director shall study the effect on the City's street
system of the traffic generated by the subject use, and the approval
shall state that ens�?ing problems have been solved or will be solved
with the participation of the applieant. Denial or other decision
by the Director of Public Works may be appealed to the City Council".
2. Section 121,1 shall be worded as follows: " West Valley Industrial
Park, which has been rezoned to ML-re by Ordinance 384 of the City of
Cupertino, shall be excluded from the provisions of thia Ordinance
220(k), and shall be regulated by the provisions in Resolution 406
(as amended by Resolution �+09) and Resolution 476 of the Planning
Commission of the City of Cupertino".
3. Al1 followin� sections shall be re-numbered accordingly.
Comanissioner Irwin seconded.
Ayes: Commissioner Irwin, Frolich, Buthenuth, Puetz, Hirshon
Noes: None
Absent: None
Unfinished Business
Senior Planner Lau�°in thanked the Commissioners for their cooperation and
bouquets help during his tenure as Department head. Chairman Hirshon gave public
recognit�on to Mro Laurin for his diligence and assistance and extended the
individual expressions of gratitude of the Commissioners.
ad�ournment As there was no further business, Chairman Hirshon declared the meeting
ad j ourned at 10: �+5 p, m.
�PPROVED:
ATTEST:
� , �_
PLANniING DEPARTMENT
ls� Jack T. Hirshon
Chairman
Senior P anner