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PC 11-24-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, Cal_ifornia Phone: 252-4505 PC-26 80,000.4 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMrIISSION HELD NOVEMBER 24, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO CALIFORNIA . ` The meeting was called to order at 8:00 p.m. by Chairman Hirshon, who subsequently led the assemblage in the flag salute. Commissioners present: Irwin, Frolich, Puetz, Hirshon. Absent: Commissioner Buthenuth. Also present: Planning Director Sisk, Assis- tant Planner Cowan, Assistant City Engineer Viskovich, City Attorney Anderson, Recording Secretary Lucie M. Matzley. Commissioner Irwin moved, Commissioner Frolich seconded to approve the minutes of November 10, 1969 meeting as submitted; Commissioner Puetz abstained, and the motion was passed unanimously. Planning Director Sisk announced that the principals for Application 24-TM-69 24-TM-69 had requested a postponement to the December 8, 1969 meetin� Request and that the applicant for Application 9-V-69 had asked to defer his for post- hearing either to t:e last item under public hearings or to the next ponement meeting, should he be unable to attend the meeting this evening. Commissioner Puetz moved, Commissioner Irwin seconded and it was passed unanimously to postpone Application 24-TM-69 to the December 8, 1969 meeting at the request of the applicant. Written Communications Mr. Burt Avery, President of Avery Construction Company, presented the 22-U-67 application and explained that the architect had inadvertently neg- lected to submit the drawings for four guest rooms within the project which would be utilized to accommodate guests of tenants for short periods of time or for the convenience of tenants whose units have not been completed. According to Mr. Avery, these guest rooms are just another amenity for the tenants of the project and are not, at any time, solicited for public use or as an additional source of income. Mr. Avery stated that he would be happy to sign some sort of document to this effect and that all managers had been instructed in this regard. Commissioner Frolich moved to adopt a resolution recommending to the City Council approval of the alteration to the Use Permit, sub�ect to the conditions as stated in the Planning Director's memo under date of November 20, 1969, based upon Mr. Avery's sound reputation by which he would not permit a detrimental effect to the apartment complex. Commissioner Irwin seconded� and it was passed unanimously. page 2 Minutes of the planning Commission meeting No��ember 24, 1969 PC-26 [ti'ritten Communicat (continued) 80,000.4 4 Mr. Dexter D. Ahlgren presented a request to the ��mmission relative to � the original zoni.ng placed on approximately 21.4 �cres of property located on the west side of Stelling Road nortr of the intersection of Stelling Road and Stevens Creek Boulevard. �Ie r.eferred to a letter submitted to the Commission asking that a condi.tion of. the zoning be amended so as to allow a tentative map to be filed without a develop- ment plan i.nasmizch as develnnmPnt nf the property was not contemplated at this time. Planning Director Sisk explained that the applicant was desirous of di.viding the property into a 21-acre parcel and an 11-acre parcel and that there },Jere no immediate plans for the development of either parcel. Mr. Sisk pointed out that the applicant was not opposed to submitting a development plan prior to issuance of a building permit. Attorney Anderson submitted that the application had gone through all the motions required by law and that there was a method in the State Enabling Act wliich permits an urgency ordinance to be enacted not sub- ject to a thirty-day clause, a public hearing or a referendum, as long as an actual urgency is indicated. Upon completion of this. the City Council, after recommendation by the Planning Commission, has the power to grant �he request if they feel that it is in the best public interest. It was Attorney Anderson`s suggestion that the Planning Commission recommend that the City Council enact an Urgency Ordinance as it has before it a method by which the elimination of a condition can be facilitated. Tr?re were no audience comments. Commi.ssioner Frolich moved, Commissioner Irwin seconr�ed and it ?aas unanimouslv approved to recommend the method as suggested by the City Attorney. There were no ora� communications. Public Hearings 24_ TM-69 A. Application 24-TM-69 had previously been postponed at the request of the applicant. 9-V-69 B. Application 9-V-69: Mission Furnitu:.e Company: Variance �� to reduce number of parking spaces required from 186 to 74 to permit warehouse addition, located north side of Stevens Creek Boulevard, west of Portal Avenue. First Hearing cont'd. Since the applicant was not in the audience at this time, Commissioner Frolich moved and Commissioner Irwin seconded to move the hearing of the application to the last item under Public Hearings. � i i � . v:ir.ui�s c,'" r h�:. ,'lanizing ��mmissiun .rPer7.i1�, ;�?o�rei;;oe�- 2! , 3 9fiQ F�--26 Rv,GO�.'� Pnge �s r`u51.ic �-'ear.icl :,cont;_n�,lc C. Appi�La`-i.,a 2.7-:N.-69. :lra.g :�,t::e cL !'i�4. _.��it '�ao 2; `��T_.�c� '_� CE'-�, , a. DY01.7P1t li.ne ,�t nor*h�aest c:�: c�i `�' G� ' ,_z. _er , .. � on �`f b��t� _f£_ Zr�cl:j 3ilCi :�lr}l�ni0i)Q L`ri�T:� .: 1T5� iiE?�YlII:." �ir '-ia, � no?, .. Cunst.t3ti n� Eng i :leer_ , renresen':e^ t �;e . , . :. i -:�ant �,r;:� sii'�i�iitted t.:,� a��i ication. _� ti_*)Il:LIl;� '._J ll"E?CtO i' � it; exp? �i.i �f`.C� �t18� i i12 j�YC`.?i?Sc�� Ci�:'i=, = ti_"C � i..lri }:ad. '�e'f'?"1 Fi��(1','O ,�,� i,�• Ct?E E�I'C�11�E?C �:1.2"3.1. d??c Site ��:Y�'J31 �.i`_� .T; l � �:2E � 8llc; C�:At: llG7C!Tl ! �'V12�J1i1� the St�tl]2-CiC Y�'_Utl�1"E;11ERtS DYlOT �O �::S7:c'1i1C2 C��' 3 �ll �.1.(�1Tlh �t'-Y71�J. f= _. ?i'<iS fC)UI1:i t�.Y<zt ril� �JL11.Id111E^. �v3S iC�CLI�c?u (�Il i311 E'7;1�>t1A�; j):iU��2l"i:i' . �fp �?��l:i C(�i11j�11CSt1.O1.S t'f1P ?}?� Y?.35 t'1�� cl t:'l-?1::F.lt' �:`E' i'.1;3}) E?ZliT?i[llli-:iP_4� ti?? propert�� li!". j�. .=�12 OplrilOri oi the sta±f, t::�� are no UY�` i�"!E'Z'2 ��'E'T� 71U l?li(ii:'i;C2 COffiTt1E?T'itS. VOiTlI111SS1(�11E';" i'!'i�.(1.C�1 n�oved, Co,;,�:�iissioner. I.Y�J11? ti�"'C'('I1C�Ei� �:I1G lt ��'�3S passec ur:an:ii,u;�:.sl_�� o close ti:` pub.lic �1ear�ng. Conunis�i.oner �r,,l ic{� rioved to appro�,•e r�pplicatic:n 27- _..-�� siib�ect 27 tc; a1! *..he cond�tic�n� a.m�o5ed ilpoll the origir.aa ap^lic�i�: �un,, in�lucing approved e�!e 12 �taz�dard cor�_a: tion5, Cc�mmis5iczner ir;ti�ir. se�con��d. :�y�s: (,.?mmi.ssicncrs F?'oiici�. Irwin �uetz, Hirs��on .�c�es' ivone Absent: Cc.�n;rr_iss�cner �itithentitr� ;? . A{�p 1._ � c�t io�i 9 G'- 69 : M�-�s� �n Fur. nittire Cor��pan_y : ��'arir?nce to 9 red�ice n+.�mb��r of parkir,� s�aces required fron 18b ±0 74 to F;�rc?i t-�:a.re� adcli tiori, located north side o� 7tevet?s Creek ; ot.�i��>,�t-c� ,�;��est oz Portal Avenue, 'r'irst Hearir.� con� i_nue�3. '�9:r. Lec? Ruth, <iE :liitt� a^d : oi.ng, Cit�i.l Engineers, r.ep?-esen*_i.n� _'-�issic�n �{'ur-niiur� C�.tiparly, ��resented the appl.ica.tioi� and Tound ?�:imseli r�t a. i.oss t:- ur_derstand �.:a«S� t?�e ^.ity of Cupertino cculd n,�t :�oui.f_y it� reyciire�ents us i:��e Ci.ty c�f `;anLa Cl.ar_a had adoptcd certain i,�odifi�-- cations. �Tr. Ruth rei.teratec� some of his state:nents made �.t the �_�re.viot�s hearin�, and once again stressed the fact that t�e rear park- ing Iot had ceen utilized at a ir.axi.num of three t:imes durin7 a periou of the past � ive vears. �lr.. Ruth also explained the rr��:osal. for the utilization c�f tne furniture stocage area and insisted t:l��t '�his area was not to ;�e ccnstrued as a,aurehousing facility. There U:ere z�udie.nce comment5 fr�r�? ?�?r. Ramon Ureen , .��ho stated that he li.v�d i.r� the Wi] liston trac� and that he and his neighb�rs ��-�ere con- cer.ned about the additional traf.fic. the �roposed Sears store Taoulci �enerai:e. '��:ith no parkin;; facil.ity remaining on this site, t��is �,-ou1_d endanger the �edestriar_s, ana more particu�arly tne cF�ildren G-<�� icir�r ti� and from the park. Co,r.missi.oner Froii.ch did not think that traffic ��ould be a maior. nage 4 Minutes of the Planning Commission meeting November 24, 1969 P�-26 80,000.4 � � ��u�`l�i�: ?i: �i ingc �continued) i , � 9-V-b9 concern but emphasized his fears in this conr.ection w�ich were 1) that the application had all the ear.marks of a war.ehouse in a commercial zone, for which �he ordinance has no provis�or_, an� 2} that some future applicant might desire a change of use and I1C'.�d additional parking facilities at which time heavy pressure would be brought upon the City Council to change the use for the applicant and to have an empty build- ing sitting on the site and insi.sting upon its existence would be a foolish rigi.dity, and 3) that there would not be. enough parking to meet the City's recluirements. Commissioner Irwin agreed with Commissioner Frolich and pointed out additionally that not enough, if any, hardship had been evidenced to justify a variance. There were no audience comments. Commissioner Hirshon agreed that the ordinance required a suff�cient showing of hardship, which was not the case in this 3pplication, and also agreed that a compr�mise might be more palatable. Commissioner Irwin moved, Commissioner Frolic?1 seconded and it was passed unanimously to close the public hearing. 9 Commissioner Irwin moved to deny Application 9-V-69, that a report on denied this Commission's findings be prepared and forwarded to the City Council and that Planning Director Sisk recommend to the Council that no variance be granted. Commissioner Frolich seconded. Ayes: Commissioners rrolich, Irwin, Puetz, Hirshon Noes: None Absent: Commissioner Buthenuth There was no unfir.ished business, nor was there are new business. Commissioner Irwin moved for adjournment, Commissioner Puetz seconded and it was passed unanimously. Adjournment The meeting a��jouYned at 9:10 p.m. APPROVED: 7 .�� a ' ' � /s/ Jack = :'irshon r �_�_._._._�..--- _•.---- __ .-- - Ct1 � .1. Yi!? F7 [l ATTEST: C`�)� . lanning Director