The URL can be used to link to this page

PC 10-13-69 CT :':� ;�.: � : "'':i ��, ;.;';at� of CaJ_ifornia iO3�; '�'•�rA��: v�..:r.i��c, �;uper.tino, California 95014 Phone : ?52_�r�C PC-23 �"" 80, 000 . 4 ffi:L1VUT�S OF THE R�::Gt'i:.^i K 1��;ETING OF THE PLANNINC, CONIl�4ISSION HELD OCTOBER 7_? a 1.�9 IN THE G'OUNCIL CHANP�3I�RS � CITY HALL� CUPERTINO� CALIFO'�7�?I.P The meeting was called to �rder at 8:OU p.m. by Chairman Hirshon, who call to order subsequently led the assembla�e in the flag salute• flag salute Commissioners pre�ent: Irwin, Frolich, Buthenuth, Puetz, Hirshon. Also present: Planning Lirector Sisk; Director of Public Works Yarborough; Assistant Planner Eng; City Attorney Anderson (8:22 p.m.); Recording roll call Secretary Lucie M. Matzley. Commissioner Puetz moved, Commissioner Buthenuth seconded and it was passed unanimously to approve the minutes of the September 22, 1969 minutes meeting as submitted. approved 1�l<<nnin�; Director Si.sk advised the Commissioners of having received requests for postponements for the following applications: 1. r�pplicaticn 22-TM to the next regular meetin� at the request of the applicant; 2. �'�pplication 9 to the end of the listed agenda because of the applicant's inability to arrive in Chambers earlier. Conuunissioner Buthenuth moved, Commissioner Puetz seconded and it was postponements passed unanimously to continue Application 22-TM to the next regular meeting at the request of the applicant, and to re-schedule Application 9-V- hearing to a later time on the agenda. I Planning Director Sisk explained a County proposed land division, a� request for which had been received from the County Planning Department through a letter of recent date. After Director Sisk had explained thel location and the matters to be considered and after no audience comments had been forthcoming, Commissioner Frolich moved that the County be advised that this Commission has no objections to the lot split but that prior to any construction upon the property it would be necessary county request to annex to the City of Cupertino in order to utilize the City's storm authorized drainage facilities, and to inform the County of the City's policy with conditions that properties have frontage on public streets as opposed to easement access way per this request. Co�nissioner Buthenuth seconded and it wa5 passed unanimously. Cornm�.ssioner Puetz asked that the City Council be appraised of this attendance Commission's desire to attend the April, 1970 Planning Commission request Symposium in Anaheim and made minute order motion to place this matter on the agenda in early January, 1970. Commissioner Irwin seconded and it was passed unanimously. .,,_9,'e % �,. _ .- . . .,_ �,.�� `��.:nz�:��t� 'c:mm= ��s v.on Octuk;�s� �,3, 1_�ar�� PC�23 80,0�0.4 "r�::. ��•~,?.�.m�n�.catic�s eo.��'`a ,�e��arch Com,r�-ist;i�r� ��'��i:� a��o r�p�r on p�.anning inriova�ions �s initially rrcuestec� � UI�I;�:.k"�:.�:�. �YlY'Q`11g�1 f�l� I:eague s�f Cal.�f^r�za C�.t�es Con�r�ntione He requested �hat ��::� :Pl�n�i�g Direc�or r�sear°�� t�es� �et,hods for futur�e �daptability. Pub1YC �iNar°�.?.g; 2 2-TM-69 A � 2�-'I'tA_�cj ° �,'�1].co P�rk r_ont�.nued Z°his ��plzc��ti�� t��,d. �r�vi�u��r b��n po�tpon�d �t t�e request of the applicarl� � 14-I'i�l-69 B. 14=TM��,3: Ro�er.t �To �imme�°; Revised Tentative Map, approximately �e�;end �+03 acl�e� �ocate� �a�z�k`i pncl of 1?egnar� Roado F'�rs�t Hearing. l�c°e .J"a.me� �cC�� o�° N�aeKa� �.nd So�np�� Ci�i� Engineers, made �t�ie present- �.tior. s�a�in� �inat t�e �.gpi�can� �a�cu�°�°ed with �l� condition� su�gested conditi�r� placed aga':r�s� ��.n:.� a�p�iea�a��n �ay �� lanning Di�°ec°�or except for opposed condif•i.c�n ij -:-��.r�? in i��s opa.nion w�.s excess�veo This, particularly in view of° �k��a fa��J uhat� �rn�it�ca�y �3 and. 14 �.deq�z�t�eiy guaranteed the installation o� t,h� �°e�ue� �� s�r��rice� � Staff r�pos°'�e�i �i�. t�e ^y�;;v� �'��°�� on�ur��a, that the necessity for a staff cash dppo;�� o�° "�ao�u ��ra� �t��. d pz°ocedure reque�ted of al.l developers who report desir°e �-c co��t,��ac� _�� xper�ino a�d t�at ��ere s�iould �e no exception. Commis�io�.e� F�°o:�i�:'� �.,�k�d ifJ c�pi�� f the maps `�ad been sent to the puT�l�� e�c�� su�:� a: �'��e D�p�,��n�.��t q Sanit�.ry District and San Jose questions Water D�p�.rtn�� o T'�e ��aff �,n��?^�ec� ��i �h� �ffirmative indicating that the s�,r�it�.i^� �.ncl wa.ter� f�cili � i�s w�re �� avail�ble at this time e The P1�.nnin� ��ecto�r �l�o s� t��.t� th� p�°opo�ed condition� clid not allow constr�act?.c�r� �.n��y t�e fa�.i�i��e� w��e �,°� tk�� iteo T��re wer � :�� uc1�.��a�e comm�nt� o Addition�l di,scu��on en�u�� c�n �n� m�t�;ex° o�' sep�ic tanks and whether they *aould b� �,l�o�a�:� �,r� a tempora?� mea�ure o�7ir�ctar Sisk ��nt3ined that, discu�sion even if t�� T�i�al.tt� Departm�nt �roul� perm�t, such tem�orary installation, the Cit�r Q?�dia��c� wo�xid r�o�C i,t�a��uc� as tk�e minimum lot si�e for septic t�,nk �n��il�,� �,o� �aa�; 4 0 9 ac°x�e� v Mre Rober�c �imm��° �Ia� aFplican�,, �°eite�°a��. �al��t his representative had previously ��.�ed and �.Ysc fel� �t��at condit�.on 15 was in excess of what w�.s ��qui�°ed ''i�y �t�o�°;�ey� Ander�an ma��ai�ed that this practice was usual and Di�°ec�to� g� ?�`��.ie +,Jo�°k� Ya��ox°oug� �uppl.�ment�d �the requirement by stating tk�at tl�e b�ri3 woul� not ��d �o 'a� p�.aced until t,he final map for the projec� i� appz°��lo p, h. Co�nis�ione� �'r��.i�� zr�v°�d, �orr�issio:�er Buthenuth seconded and it was passed clo�ed unart:imously �o clo�� h� pu`�b:1i.c he�,�in� � ��1�i� ,z�:;��:. ;;_r th4 r'lax:r�ing Gnmmission O�tober 13 lg6g PC-23 80,000.4 1�+-7.'��:-69 cot-zt r d P�e 3 Commissioner Frolich maved for approval of. Application 14-�TM-69 14-TM-69 subject to th� 12 Standard Conditions with conditions 13, 14 and 15 approved as indicated in the Planning Di.rector memorandum and that condition with 15 be modified to add to the l�.st sentence" e o, or LID is formed." conditions Com�nissioner Bu�henut� s�eondeda Ayes: Commissioners ��win, Frolich, Buthenuth Puetz, Hirshon Noeso None Absent< None Cm Appl.ication 9��J-Fi9� Mi��ion F�zrniture Company 9-V-b9 This matter h�.d previous�.y been moved to a later agenda listing. deferred D. Application 21�Z-69: Sterling Homes; Prezoning from County 21-Z-69 CN to CG and from County CN and R3-2,4 to R3-2.2; 1801 acres legend loc�.�ed westerly of Foothil.l Boulevard, nort�erly of Stevens Creek Bou�.evardo Fix°st Heari.ngo Mro Pat 0 fx^om S�erling Home� pre�ented the application and � stated th�t �e concurred with �11 conditions suggested placed againat this app].ication by° the Planning Direc�torm Mr. Laughlin the applic�,nt supplemented Mro OQConnor statement by presentations advisin� the Commis�ione�°s th�,t, �s a part of the County zonin�, there w�s in e�istence �.t this site a Use Pez°mit for a service st�,tion and that a let�ter from t`he County and �, letter from Mro Laughlin had been submitted to the Conunissioners for theiz° perus�.l and inclusion in their discussion� as it related to the anne��,tion propos�.l for this site. City Attorney Anderson advised that the Ordinance provides that, upon annexation �o the City of Cupertino, the existing zoning on the property continues and becomes final Y�aving received th� same zoning classifi- �cot:nsel catione Mra Ande�°son w�s most specific that, upon approval, all use def'initions permits and bui�ding permi�s �hould go from the County to the City, that the Ordinance was clear on this point, and that this Use Permit and any bui].din� permits ��hou:Ld be expres�ly adopted by this Coffinissiono Commissioner Frolich a�ked what the consequences would be if this Commission d.ecides to recomrnend ag�inst the Use Permit for the service question station. Fs Robert Demp�ter who st�,ted tha,t Mz°o Laughlin was one of his clients, stated �r�t he h�.d been askec� �bout the procedure in these cases and had �dvised Mr°o Lau��in that t�e Use Permit as well as the building permits on the site would �o from �the County to the City upon annex- ation particu�.arly �ince t�is Use Permit had been granted some four audience yeaxs ago and no publie hearings had been conducted on the matter in comments that period of ti.meo Further, that M�°. Laughlin had been solicited to annex to the City of Cupertino and he had agreed to annex only if the Use Permit as in existence were granted by this Commissiono page � Minutes of the Plannin� Commission October 13, 1969 PC-23 80,000.4 21-Z-69 cont'd Mr. Dempster maintained that there was an existing County Use Permit for a service station on this site and that, should this Comanission recommend against the Use Permit, Mr. Laughlin would and could proceed under the County permit. Then, when City utilities would need to be situation requested necessitatin� an automatic annexation to the City of Cupertino, explained the City would have to annex something over the construction of which it no longer had any control. Should,however, the permits be granted as existing, the City would have close control over what goes on the site as well as over its architecture. Chairman Hirshon queried if the City would be "stuck" with the gas station whether this was its desire or not; staff answered in the affirmative citing precedences. When Chairman Hirshon called for audience comments� Mr. Donald Betz of audience Hillcrest Road asked questions relative to street ;�mprovements, the initial comment intent of the General Plan and the high density proposed for the site. p. h. Co�nissioner Buthenuth moved, Commissioner Puetz seconded and it was passed closed unanimously to close the public hearing. 21-Z-69 Commissioner Buthenuth moved to approve Application 21-Z-69 with the 12 approved Standard Conditions, with condition 13 as stated in the Planning Director's memorandum under date of October 10, 1969 Commissioner Puetz seconded.� Chairman Hirshon wanted the record to show that he was not too anxious to chair see this site utilized by multiple but would rather see it developed with defines low-density residential. Further, that he did not like the servicp station approval but that this Comnnission has no choice in the matter as it has already been passed upon and it is better to have the property in the City of Cupertino than to return it to the County. Commissioner Irwin felt that the approval would set a precedent and that this would add an additional service station to those approved by this Commission. Commissioner Frolich disagreed saying that this Commission had no choice as the permit comes with the land and that no one could make this Commission responsible for the approval of this particular servict station. motion Commissioner Buthenuth amended his motion to include that the existing Use amended Permit for the service station will be accepted along with the County pre- zoning. Commissioner Puetz �P�onded. Ayes: Commissioners Fro�ich, Buthenuth, Puetz, Hirshon � Noes: Commissioner Irwin Ab s e nt : 1Vone recess Chairman Hirshon called a recess at 9:30 p.m. The meeting reconvened at 9:45 p.m. 22-Z-69 E. Application 22-Z-69: J. Cyril Johnson Investment Corporation; Re- le�end zoning from Li�ht Industrial (ML) to Multiple Residential (R3-2.2), ap�roximately 8.4 acres located southerly of and adjarPn� to Homestead Road, 500 feet westerly of intersection of Homestead Road and Barranca Drive. First Hearing. Minutes of the Planning Co�unission October 13, 1969 PC-23 80,000.� P�e 5 22-Z-69 cont'd Mr. Gary Johnson prese�ted the application and explained the site by submitting aerial photo�raphs. Planning Director Sisk explained the si e and zoning map as well as the surrounding zonings. There were no audience co�maents. Commissioner Irwin moved, Comm�issioner Buthenuth seconded and it was p. h. passed unanimously to close the public hearing. closed Commissioner Irwin moved to approve Applicatian 22-Z-69 sub�ect to the 22-Z-6 12 Standaxd Conditions with condition 13 as outlined in the Planning approved Director's memorandum of O�tcber 9, 1969. Comanissioner Frolieh seconded. Ayes: Com4aissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None C. Application 9-V-69: Mission �"urniture Compar�y; Variance to -9 v-69 reduce number of required parking spaces from 186 to 74 to legend p�rmit warehouse addition, l�cated northerly side of Stevens C�eek Boulevaxd, westerly of Portal Avenue. First Hearing. Mr. Leo Ruth, Civ�l Engineer of Ruth & Going, introduced two of his associates and stated that the variance had been filed because the existing parking spaces to the rear of the f�.irniture store had been used only twice during the past five years and it was felt that the paxking spaces in front of the operation were more than sufficient. Mr. Ruth pointed out that a furniture store does not have the number of customers afforded other ventures and that, additionally, there had presentation never been more than six employees in the store at ar�,y one time. He maintained that, with the warehouse addition, the store owner would be able to afford a larger furniture selection to the Cuperti,no shoppers, resulting in higher revenues to the City. Planning Director Sisk reiterated some of the statements he had made in his memorandum to the Comunissioners in which he defined the reasons staff suggests wY�y this request should be denied. denial In answer to questions by the Co�nissioners as to the possibility of constructing a second story to the existing waxehouse site, Mr. Ruth stated that the structure was not d�signed to carry a second story and second story that the foundation would need to be reinforced and redesigned to discussed afford a second story structure. Discus�ion ensued on the reason for the very substantial decrease request and the applicant cited haxdship because of what had previously been demonstrated. When asked for his opinion on the matter, City Attorney Anderson stated that, should the Carrunissioners desire to approve the variance, it might be approved upon the contingency that this vaxiance is only for the counsel's continuing f�.i.rniture store venture and, should a different operation suggestion be placed upon the site, this variance shall be void. page 6 Minutes of the Planning Commission October 13, �969 PC-23 80, 000 . �+ 9 cont°d The applicant stated that he would be willing to adhere to such condition condition by which the parkin� spaces variance would be in existence only as long accepted as the buildin� is utilized for a furniture store. City Attorney Anderson also suggested that a time limit be placed upon the authorization and that it might be advisable to research how other counsel's furniture stores in the adjoining municipalities operate in relation to statement their parking spaces so that the City of Cupertino would stay in line with other cities. Upon the applicant's concurrence in the matter, Com�►issioner Frolieh moved 9-v- to continue the application to the next regular meeting, that other continued communities methods be investigated, and a report be compiled and sub- mitted to the Co�nissioners prior to the next meetin�. Commaissioner Buthenuth seconded and it was passed unanimously. Unfinished Business 17-TM-69 A. Application 17-TM-69: Skaggs Payless Drug Stores, et al; Tentative legend Map, 172 acres located southwest corner of Homestead Road and Saratoga-Sunnyvale Road. (referred back from City Council) NIr. Walter Seebach of Ruth & Going, Civil En�ineers, presented the application stating that the litigation, which had placed this application in abeyance, had been settled and that the tentative map as well as the revised develop- present- ment plan were submitted at this time for approval. Fuxther, that the applicant ation was in total agreement with all conditions suggested placed against this application by the Planning Director. Planning Director Sisk explained th� tentative map as well as the revised development plan and mentioned that all conditions, upon approval, should be those suggested in his memorandum of August 19, 196g There were no audience comments. Mr. J. D. Vanderlaan, the realtor representing the applicant and developer, e�lained that this proposal was for the first phase of the development and query re that the second phase might not be developed for a number of yeaxs and that improve- his client was willing to construct the necessary street improvements at this ments time or wait until such time as the remainder of the site is being constructed upon. Director of Public: Works Yaxborou�h was content that the condition "to the satisfaction of the City Engineer" would adequately protect the City in the matter of future :�treet improvements. p. h• Commissioner Irwin moved, Com¢nissioner Frolich seconded and it was passed closed unanimously to cic�se the public hearing. Minuues of t.h� Planning Commission October 13, 1969 PC-23 80, 000 . �+ 17-TM-69 cant'd page 7 Commissioner Frolich queried if the development plan, as revised, made provision for a"no paxking" requirement in front of the store; he was answered in the affirmative. Commissioner Frolich felt, however, that there are still people who will park their automobiles in front of the store thereby eliminating one through traffic lane. It was questions Mr. Frolich's sug�estion to either not approve the development plan re parking as revised, or approve it with the requirement that the aisle be wide enough for three cars to pass through at the same time or move the construction back to such a degree that public parking in front of the store is acco�unodated. Since further questions needed to be asked of applicant and staff, p. h. re- Co�nissioner Frolich moved, Commissioner Irwin seconded and it was opened passed unanimously to re-open the public hearing. Mr. Vanderlaan, in answer to questions by the Commissioners, maintained that this store would not be compaxable to a grocery store and that I the chain's ph�losophy had been in the past there be no curb in front of the store so that there would be an open space for pedestrian traffic. Commissioner Buthenuth moved, Commissioner Irwin seconded and it was . h. passed unanimously to close the public hearing. closed Commissioner Frolich :�oved for approval of Application 17-TM- 7 -TM-69_ subject to the 12 Standar�' Conditions and those outlined in the approved Planning Director's memorandum under date of August 19 196g Commissioner Irwin seconded. Ayes: Co�unissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None Commissioner Frolich moved for approval of the revised development pl development subject to 1)that the aisle widths be maintained for at least three plan as cars; 2) that no merchandise for sale be displayed in front of the revised store other than shrubberies in containers. Commissioner Buthenuth approved seconded. Ayes: Q,`bmmissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None Planning Director Sisk reported to the Commissioners that the County had granted a Use Permit for the pasturing of two horses on the �+3 acre staff report property, the request for which had been discussed at a previous meeting. There was no new business. Commissinner Irwin moved for ad�ournment, Commissioner Buthenuth seconded and it was passed unani.mously. The meeting adjourned at 10:50 p.m. d�ournment APPROVID : ATTEST: Jack T. Hirshon Planninar Director Chairman