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PC 10-27-69 CITY OF CUPERTIN� State of California 10304 Torre Avenue, Cupertino, California 9501� Phone: 252-�505 PC-2� 80,000.� MINUTES OF THE REGULAR MEETING OF THE PLANNING CONIMISSION HELD OCTOBER 27, �969 zN 'rHE CovlvczL cxA��s, CITY HALL� G'UPERTINO� CAI,IFORNTA The meeting was called to order at 8:00 p.m. by Chairman Hirshon, who call to order subsequently led the assemblage in the flag salute. flag salute Co�issioners present: Irwin, Frolich, Buthenuth, Puetz, Hirshon. Also preaent: City Attorney Anderson; Planning Director Sisk; Director of Public Works Yarborough; Assistant Planner Eng; Recording Secretary roll call Lucie M. Matzley. Commissioner Puetz moved, Commissioner Irwin seconded and it was passed unanimously to approve the minutes of the October 13, 1969 meeting as minutes printed. approved Commissioner Buthenuth moved, Commissioner Irwin seconded and it was 22-TM-6 passed unanimously to continue discussion of Application 22-TM- for � 9-V- 9� an indefinite period; Application 9-V-69 to the November 24, 1969 meeting 2-4 TM-69 and Application 24-TM to the November 10, �969 meeting, all as continued requested by the individual applicants. There were no written communicationso Mrs. Jack Wright addressed the Commissioners stating that residents in the foothfll areas are concerned about planning being caxried to such extent that it would be impossible and too late for area residents to residents submit their individual views of the development of the area. As a request spokesman for her neighbors, Mrs. Wright requested that the Planning consultation Commi'ssion a�'ford interested residents an opportunity to be consulted prior to ma,tters being submitted to the City Council for final dis- position. As a case in point which would emphasize haphazaxd methods, Mrs. Wright recited that workers from the Peninsula Power Television company, who had recently been granted a permit to install power lines along the perimeter of Cupertino, had, without requesting permission from the homeowners and in a most arbitraxy fashion� cut off branches of mature trees in order to facilitate the installation of heavy cables for the television outlet. case in point Additionally, the roads leading to the various residences had, according defined to Mrs. Wright, been blocked off for days making egress and ingress to private homesites impossible and after having been requested to remove obstacles, the representatives of Peninsula Power Television company had responded in a most unpleasant manner. In this connection, Chairman Hirshon advised that this complaint should no� be directed to the Plannin� Coffinission as this was not in its purview comments by but that Mrse Wright and the other residents so inconvenienced and tres- chair passed upon had bases for liti�ation. page 2 Minutes of the Planning Commission October 27, lgb9 PC-2� 80,000.4 Oral Communic�ti�ns cont'd Mrs. Wrigh� asked, in the name of her fellow residents, that all matters concernin� the foothills and its development be brought to the attention of the residents prior to being agendized on City Council dockets. Conside�able discussion ensued amon� the Commissioners and questions were asked relative to the existence of a plan for the foothill area as well as definition the status of its completion and adaptabilitym City Attorney Anderson clarified matters such as to whom the monetaxy responsibility for installation of facilities would fall as well as explaining the results of the failure of the assessment district elections. Commissioner Irwin felt it advisable to request the i.nterested foothill axea residents to submi� concrete su��estions, in writing, as to what should be included in an Ordinance covering the development of the foothills, pointing moratorium out that these residents would naturally have greater awaxeness of what was sug�ested needed than others not living in the foothills. Mr. Irwin also suggested a one-year moratorium for foothills development or until such tiune as the multitude of agencies and residen+.s have been consulted in the matter of the most effecti�re dev°elopment of the foothills. When asked for his comments on the matter, City Attorney Anderson cautioned that the Ordinance �.oes not provide for axbitrary methods of placing any coun.sel's type of development a.nto an inactive status and that such method could comments easily lea�. to litigation. Mr. Anderson F'lso reminded the Com¢nissioners th�.t the City Council has already decided not to proceed with the development of the foothills until such tim� as plan�, photographs, etco of the area are available for review anel all plans have been discussed at length. Director of Public Works Yarborough supplemented Mr. Anderson statements by pointing out �hat the assessment district had been discontinued rather staff than failed as sta,ff had, after review of all inherent data, determined report that a recommendation woul� be s�uperfluous and some $30,000 to $40,000 would be needed before �,n assesament clistrict could be substantiated. Planning Director Sisk assured Mrs. Wright that the Planning Department was greatly concerned with the development of the hill area and that an in-depth study of the area will be made and that the residents would be informed so that contributions by the residents to the development of the plan could be made. Mrs. Stella Kester addressed the Commissioners next and stated that a neighbor offer of ha.d once again reported her operation to the Health Department and that she land wanted this Commission to assist her in disposing of the 100' strip of land bordering her property by accepting same as a dedication or rule that the City is not interested in the acquisition and permit her to commence con- struction of residences on the site. Chairman Hirshon asked if a formal offer had ever been made to the City; Mrs. Kester replied in the ne�ative. When asked for his opinion, City procedure Attorney Anderson defined the correct method as follows: that Mrs. Kester outlined bring this matter to the attention of the City Council by means of a forma,l written offer, that the City Council refer the matter to the Planning Co�nission for study and a feasibility report and �hat the Planning Commission would ma,ke recommendation to the City Council who would then, and only then, i�ecide whether or not to accept the property. Minute� of �h� Fi�rn�� Commission October 27, 1969 PC-2� 80,000.4 Pa�e 3 Oral Communications cont'd Commissioner Pue�tz moved that the strip of land about which Mrs. Kester staff spoke be s�°v�vPd by staff in connection with a possibYe acquisition survey of same as a�i.ft ±o the City. Commissioner Buthenuth seconded the requested motion, pointing out �hat Director of Paxks and Recreation Parham had previously been denied. access to Mrs. Kester's property and that Mrs. Kester permit Mx°. Parham to view her property at this time. The motion passed unanimous�y. Public Heax�ng� Items A. B. a�d Co I�ad previously been continued �o various dates at matters the request of the inclividual applicant�. continued D. Appl�cation 21-U-690 David Hom; Use Permit for growing asters 21-U-69 for � period of one year at the northeast corner of Torre legend Avenue and Pacific Avenue. First Heaxing. The applica,tion was pr��ented as �, request for a Use Permit with a one- year duration from Decem�er �., 1969 to December l, 1970 to permit the applic�..nt the growing of flowers on the property, such growing to be present- accomplishec� wi.t�out the use of fish meal or or�;anic matter eliminating ation any unpleasant odo� to surround.ing residents. There w�re no audi�nce comments. Commis�ionex° Irwin moved, Commissioner Puetz seconded and it was passed p. h. unanimously to clo�e °�he public hearing. closed Comanissioner Ir�ain moved to approv� Application 21-U-69 sub3ect to the 21-U-6 condition� suggested imposed upon this application in the Planning approved Director meffiorandum under date of October 22, 1969. Commissioner Frolich seco:�ded. Ayeso Com�i�sion�rs Irwin Frolich, Buthenuth, Puetz, Hirshon Noesa None Absent: None E. Application 25-TM-69; Clay�ton Barron; Tentative Map dividing 25-'I'M-(9 10�64 acres into Four lots, loc�,ted north side of San Juan legend Road, approxim�.tely 600 feet west of Stevens Canyon Road. F�.r�� H�arin�. Mr. Clayton Barron presented the application and explained that after Lot A had been pux°chased, constructed upon and passed final inspection, present- he had f°ound t�a� his was not a legal subdivision and that the current ation request was designed to make this subdivision legal. Director of Public Works Yarborough explained that the former City Engineer had si�ned the pax°c�l map based on a tentative map which had been proces ed by the County and th�t the conditions placed upon such map had not been staff adhered to. 7"hus, in order to legalize the subdivision, a tentative map expl�.ins would now need to be considered by the City. background pa�e � Minut�s ot t�e ��nni�� Gomznisaion Octa�er 2?, �g6q PC-2� 80,000.4 Applicatian 2�-�M-59 cont Director of Planning Sisk expl�in�d that the roun�y Health Department had recommended cleni�,1 of the map based upon t2�e fact that the City was unable staff �o provid� adequate �aater facilities to the development. Mr. Sisk also report s�a�ed th�,t th� Wate� Department h�,d indicated that water could be provided to the site�o Accordingly, he �ug�ested an addition to condition #13 setting forth that domest�ic water service be provided in a manner satis- factory to �he County He�,lth Department. 2'here were no �,udience comments. p. h, Commissioner �rwin moved.� Corr��.ssion�r Frolich seconded and it was passed closed unanimou�ly to c1o�e �he publie h�aring. 25-TM-6 �o��-on�r� l�rwrin moved �o approve Application 25-TM-69 sub ject to the approved �-� ��dard Con�itions w��h the additional condition #13 as suggested . in the Pl�.nn�ng Dir,°�c�or, memorandum under date of October 22, 1969 the �en��n�� to �e comple�ed " to �he �atisfaction of the County Health Departmen�,"o Commissioner F�ol.ich �econded. Ayeso �ommis��oner� I�in Frol�.ch Buthenuth, Puetz, Hirshon Noes� None Absen� o None 26-TM-6 F� Applic�,�ion �6-TM�69oFranchi�e Real.ty Interstate Corporation; . legend �'en�a�,i� �1�,p dividing 4.8 ac�°Ps into four parcels, located �out�hw�s°� corner of Stevens Cr�ek Boulevard and Portal Avenue. �'ir�t Hea�°inge Mr. W. Ho Suth�rl�,nd of 201�1 Ne�dl� Street, Chatsworth, California, pre- ��nted the �,pplica��on explaining th�t the corporation was a subsidiary of MacDon�lcl and. tha�t °th� exist�ng map had previo��sly been approved but that - the appz°ov�,l h�,c� expired because of the applicant's inability to reach an ��re�ment with the ad�acent property owner in connection with the imp�°ovement of f�ontage on S�tevens Creek Boulevard and Portal Avenue. present- Mz° � Sutherlanc� �.�k�d +,ha� - �h� Pl.anning Commiss ion rule on the following ation �uggestions e tTn�,t t�e �,ppl�.can� be permiltted to pz°oceed without constructi�g the entir�e imp�°ov'emen�� along �he property frontage or be permitted to place bonds fo� suc� improwement wi�th the City if the City will conunit itself not to ��,11 these bonds until such time as the adjoining property is improved. N�° e Suthex°land m�,int�,ined that he would be able to obtain all necessary signat�ures on the final map a� long as the other property owners woul� no� have to expend any funds for improuement of frontage. Planning '�irec�o�° Sisk b�°ief�y explained the request corroborating the applican�'� st,�,tement of the map havin� expired and co�enting that the staff Ordinance con��.d�red the entire �+.8 acres paxcel to be one parcel and report that MacDonald's owned an illegal piece of property. Further, that the request should be treated much tk�e same as other property divisions in connection with r°equests for necessary improvemen�s. City Attorney An�lerson cautioned against any method which would hamper the caution Ci.ty's power� to cal.l bonds at any time and Director of Public Works by counsel Yarborough ma,�n°�ained that the applicant should be requested to improve the prop�rty �n th� �ame fash�on �,� all other developers are requested to do. Mi�u�� of` t�h� P�.�r:nin� �o�:nai��ion ac:t-ob�r� �'7� 1��9 PC-2�+ 80, 000 . �+ Appl.ic�.t.�an L6��t�9 �on �d P 5 Mr. Ya�bo�°ou�� cou�id �ee n� r�asnn or �u�tification why th� City should obligat� �.t��.f° �o m�.k�n� m�,t�ers ea�ier for. the applic�,nt who, upon 1ea�°ning th�.t �a�� e�l ��,t� tx°�,nsaction w�s not what he had been led staff views to b��i��e :�t vao��ci b�� hould have �th�n o� �houlci now di��ontinue n�goti�,tion� an�i �.em�,nc� ��i� �e�u�°n �f' lzi� d�p��it. Con�ic��.`blc� �.��.��on fo�.�ow�d �,nd upon b�ing requested by Commissioner Frolich to de� �o� ��e app�.i�ari� �ie�ined th� improveme�a�s he was willing to cons�ruc� a ��:.�� A°`��a�°��y Anci�r�on once again cautioned a�ainst any m��hod �a�i�Y� �ro��r� pr��i:�bit �he �it� f°x°om exex°ci��.ng its rights �,s this woulcl not onl� b� �n �Tir�e� oppd�i.ti�n �o t�he provi�ion of the Ordinance but al�o �e� �Y�� Go�i��ru��°� cod.e� 0 1�Lr . Ande�°�on �,g�eed that MacDonald's di:..:ussion pe�°�ap� on�� m�c� ��.��i be �o c1��con�inu� ne�otiatior�s w�.th the property own��° �,n� ��m�� t�x� ��.�a�°n of �;.� c��pos��, bu� �tated th�,t, sin �e it was� th� �pp��n� 8 � ��:��'��'j�n� ��,t �h� coule� obtain �.11 nece�s�xy slgnatures o� tY�e �°in�.�. mdp� �,t, w�o��.ci k�� i� ��xg��i��on to back t,he �pplicant in this d.e�l�°e a�z� pe�m�t �S3.m� �o f'i,nali2� �h� trans�,c�,ion9 how�ver th�t the Ordinance be �,dh��e�. �� l �t�� imp�°o�rem�n�� be r�quested inc�uding Lot #4. I For� clara�f��r��ioxa ��o��, C��rb�.��oner Frolic�i z°e�,d tlne a�plicable portion , of °�he Cg��r C�a�.a1��. �n��t�r�� m�,n�z�,�� in connee�ion with this application I minutes read in whic� `�� `�� '�'�`��'�� t`�a°� th� �,pplicant �e�k �°el.ief at the Council le�rel f'�c�m �t�.f f m��p��i �oncis�it�on� . Ther� ur�r� n� �,�z�� orr�n�� a Commfssso�i�r �ut��n°a��i a�v�� Co�n��on��^ Zrwin s�cor�ded and it was passed unan3.mou�1.� �o �lo�� t�e p�.��.�� in�, � p.c,. .:�used Commi��i�n�r� ��a��n�°�� o��. f°�� ,�pro�ral of Appli.c�.t�ion 26-TM-69 subject� to the 1� S�anc��.�d ��d�.��on� w�� co�di�Gion �1.3 �� u�gested in the Planning Di�°ector �� me�or�.rnc��n �n�� c�a,�t� of Oc�•obe�° 2�, �969 which includes the request 26-TM-6 for f�x11 ��^��t imprr��°t� of p�°oper�y fronta�e to the s�.�isf�ction of _� °�he P�bl�,� �1o�ks ��p�,��m�s�°�. Com¢ri�.��ion�r P�.i� seconcl�d. approved A�re�� idc��rm��,on�r�� rin� �'�oli�� Brxthenuth Puet;�� Hir�hon Noes o �Ton� Absen�o N�� The:�e w�,� n� ��f�ni�h�d b�.�ia�� no�° w��.s �h�� .n�t new business. C1�a�.rm�n. �i�.�°�hor� ��i�� h�s f��.ln�r �'��iss�.on�rs of a sl�oz°t course for Planning Co�n3��,os��r� ��oz��ar�� `by °�� Am��°ic�n Tnstitute of Pl�nners `.o be held I D�cemb�r 5�.ncT �� .96�j �,t '�� .�k '��,�° Hot��. �.n San Franc3�co, askin� that t�e Cornmi��or�� :r�c��::�� t��i� ��'� �o a�tend at the ne�t meetin� of this Co�ns��sone Comm�s�ione�° �u��n�.�h mo�r��. Commi��onex� Pt�e�� econded and it was passed �animou�l� �to a�.jo�°n th� m��7n�, ! pa�� C Minut�� of" �:'�-,� :F��.ht�:� i o�r�;i��.oa� O�tober 2'7 1969 PC-24 80,000.�. adjournm�nt �'l�e me�t�ng �.djo�r��d. �,°� 10a10 p.m. L'l��1l�MP�1./ e �_\ 1 . �' �._----- `� 1 �� - � j �7ack T' o Hirshon �,��'T'��Z' � Glza�.rman �l�,�aa.n� �J:��°��'��