Loading...
PC 12-08-69 � CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California PC Phone: 252-4505 80,000.4 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMTSSION HELD DECEMBER 8, 1969 IN THE COUNCTL 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: Buthenuth, Frolich, Irwin, Puetz, Hirshon. Also present: Planning Director Sisk, Assistant Planner Cowan, Assis- tant City Engineer Viskovich, Recording Secretary Lucie M. Matzley. Commissioner Puetz moved, Commissioner Irwin seconded to approve the Minutes minutes of November 24, 1969 meeting as submitted. The motion was approved passed, with Commissioner Buthenuth abstaining. There were no announcement of postponements nor were there any written communications. Commissioner Puetz suggested that, because of the large number of existing gas stations within the City of Cupertino, a moratorium for approval of such stations be recommended by this Commission to the City Council in an effort to curtail further such installations and to afford the City staff an opportunity to prepare a guideline for this Commission as well as for future applicants incorporating a criteria to be followed in the deliberations of service station applications. Commissioner Frolich disagreed that this method would be advantageous as it would merely postpone the necessity to make a decision on the part of this Commission for a specified period of time. Commissioner Frolich indicated his opposition to a moratorium and stated his pre- ference for weighing each application on its merits and on the basis of traffic needs. Commissioner Frolich said that a moratorium would only delay a necessary decision and expressed his views in favor of a staff report with some criterion upon which to base the placement of installations of service stations. Commissioner Buthenuth agreed with Commissioner Frolich. Chairman Hirshon said that he would not be opposed to the idea of a moratorium but cautioned that there might be questions of legality and that he would not be prepared at this time to decide on the matter. Commissioner Irwin agreed in part with Commissioner Puetz, saying that there were two cansiderations: 1) that the proposed two-year period would be too long and 2) that the existing criteria for use permits give the City sufficient control over service station applications. What was needed, according to. Commissioner Irwin, would be a method to eliminate those service stations which are unkept, unattractive and poorly run so that all others may prosper in the fashion in which they conduct their operations. Page 2 Minutes of the Planning Commission meeting December 8, 1969 PC-27 Commissioner Puetz moved to refer this matter to the attention of the City Council and that the staff be directed to prepare a possible criteria of guidelines to propose a solution to the problem. The motion died for lack of a second. Viewing the number of audience members present for applications to be heard, Commissioner Irwin moved to place discussion of this matter under "New Business" on this agenda. Commissioner Buthenuth seconded and the motion was passed unanimously. Public Hearings 22-U-69 A. Trenton Development Company and Bill Deane: Application 22-U-69. Use Permit to allow auto tire sales and installation (Goodyear Auto Service Center) at southwest corner of intersection of Stevens Creek Boulevard and Portal Avenue. First Hearing. Mr. Bill Deane presented the application, stating that he was desirous of becoming a part of the Cupertino business community by installing a handsome operation for which the location of the automotive service area in front of the building was vital. Mr. Deane disagreed with the recommendation of the Planning Department by which the automotive service area should be located to the rear of the property. Planning Director Sisk explained that the original hearing had been set for November 10 and that the applicant had requested a continuance in order to consider some of the points raised in the staff report rela- tive to orientation of the servicing portion of the proposed use. Planning Director Sisk reviewed the new drawings submitted, labeled Exhibits B and C. He indicated that Exhibit B was virtually the same as the original submission, with the basic change being that it was drawn to scale. He also stated that the objections as first set forth were still valid, that the service areas were still exposed to Stevens Creek Boulevard and to the residential area as well. Planning Director Sisk also cautioned that the parking as indicated on Exhibit B does not comply with the ordinance. In reviewing Exhibit C, Planning Director Sisk stated that the appli- cants had made an attempt to orient the service bays away from Stevens Creek Boulevard. However, this had pushed the building to the front property line, eliminating the 20-foot landscaped setback, and that the parking fell short of the ordinance requirEment. When the applicant stated that the location of the service area was a matter of economics as passing motorists would need to be exposed to the facility, Commissioner Irwin commented that there was nothing aesthetic in a view of dismantled automobiles and lube bays and that he would suggest a dirferent approach to the location of the area. Minutes of the Planning Commission Meeting December 8, 1969 P�-27 Page 3 Public Hearings (continued) Application 22-U-69 continued 22-U-69 A member of the architectural design department of Goodyear Tire Company explained the method by which the location for the service area had been selected and insisted that mere economics dictate the exposure of the service area to the motoring public. When Chairman Hirshon called for audience comments, Messrs. Vern Hoffstetter, Earl Thureau and Ray Green stated their opposition to the proposal, citing such considerations as the unsightly view for the property owners in the rear of the site if the location of the service area were changed, the ensuing noise from such servicing, the hazardous traffic n�w in existence which would be compounded by this operation, the fear that, because of its location, the operation and its surroundings might lend itself to drag racing by teenagers, and the health and safety of the children now walking to and from school and parks. The applicant answered that his proposal was not designed to cause incon- venience or hazard to anyone, that his operation would be and remain an asset to the community, that the operation would only function until 9 p.m. at night and that landscaping and noise barriers would be installed to the City staff's satisfaction. Commissioner Irwin moved and Commissioner Frolich seconded to close:the public hearing. Commissioner Frolich felt that none of the proposals presented were satis- factory but agreed that proposal B would be the better one of those sub- mitted. Commissioner Irwin cautioned that the proposed parking spaces were insuf- ficient for the ordinance requirements. Additionally, it was the opinion of Commissioner Buthenuth that this Commission had requested architectural style changes from other applicants previously and that there was no reason why this applicant should not need to be required to change his plans if this was deemed in the best interest of the City. Commissioner Frolich commented on the excellent reputations of both the applicant and the organization, which would denote the operation to become a success, but stated that the plans, in their present form, would be unacceptable. Commissioner Irwin moved to deny Application 22-U-69, Commissioner Puetz seconded. Ayes: Commissioners Buthenuth, Frolich, Irwin, Puetz, Hirshon Noes: None Absent: None Commissioner Irwin advised the applicant of his right to appeal this decision, in writing and within five days, to the City Council. Page 4 Minutes of the Planning Commission Meeting December 8, 1969 PC-27 Public Hearings (continued) 24-TM-69 B. Application 24-TM-69: J. Cyril Johnson Investment Corporation. Tentative Map, 10.92 acres located south of and adjacent to Homestead Road, 500 feet west of intersection of Homestead Road and Barranca Drive. First Aearing. Mr. Gary Johnson, representative of the applicant, asked that Planning Director Sisk explain the proposal. According to Planning Director Sisk, this matter had met previous post- ponement while a number of problems had been eliminated and indicated that the Flood Control District had requested a fee dedication of a minimum of 45 feet with a 15-foot easement adjacent thereto; that this would have the effect of reducing the total number of dwelling unit permits from 136 to 130. Mr. Johnson voiced his concern about the Flood Control District's enforced necessity to eliminate the proposed trees and landscaping and asked if there was a way by which the Commission could assist him in solving the matter to the safisfaction of all concerne�. Commissioner Buthenuth cautioned that the City Attorney had previously been most adamant in avoiding to usurp the powers of a public agency and favored a delay until such time as the City Attorney can render his legal opinion in cases such as the proposed irrevocable easement in lieu of the dedication. Further discussion ensued on the application in connection with the fact that the requested dedication would also eliminate six of the proposed units and the necessity to retain open spaces. Commissioner Frolich felt that the proposal should be kept as flexible as possible and that the applicant should explore varying methods of retaining as much open space as possible. When Chairman Hirshon called for audience comments, Mr. John Thomson, Attorney representing the landowners, stated that he was in doubt in connection with the matter of dedication as requested by the Flood Control District and that he would appreciate an opportunity to dis- cuss this dedication with the City Attorney since the Flood Control District was requesting the dedication without any type of considera- tion to his client. Commissioner Frolich moved to continue the application to the next meeting. Commission Irwin seconded, and the motion was passed unanimously. The meeting recessed at 9:30 p.m. The meeting reconvened at 9:45 p.m. � Minutes of the Planning Commission Meeting December 8, 1969 S PC-27 Page 5 Public Hearings (continued) C. Application 28-TM-69: John Saich, et al: Tentative Map 28 dividing 37.3 acres into four lots, located northwest corner of Stevens Creek Blvd and Stelling Road. First Hearing. Mr. Dexter Ahlgren presented the application and commented that he had read the recommendations by the Planning Director and would adhere to all of them. Planning Director Sisk did not have any comments in addition to the previously submitted written report on the matter. There were no audience comments. Commissioner Irwin moved and Commissioner Puetz seconded to close the public hearing. The motion was passed unanimously. A question was raised concerning the narrowing of Stelling Road from a 90-foot right-of-way at Stevens Creek Boulevard to align with the existing 60-foot right-of-way northerly of the property in question. Planning Director Sisk stated that this appeared to be a normal transition, and that he was not aware of any plans for future widening of Stelling Road within the R-1 County area north of the subject property. Mr. Dexter Ahlgren, engineer for the applicant, stated that that was his understanding in preparing the map. Commissioner Irwin moved for approval of Application 28-TM-69 subject to the 12 standard conditions and an additional Condition 13 as recommended by the Planning Department. Commissioner Buthenuth seconded. ' AYES: Commissioners Buthenuth, Frolich, Irwin, Puetz, Hirshon NOES: None ABSENT: None D. Application 29-TM-69: James G. Boghosian, et al: 29-TM-69 Tentative Map dividing 2.35 acres into two parcels located southwest corner of Homestead Road and Maxine Avenue. First Hearing. Mr. Marty Hall, Realtor, representing the applicant, presented the proposal which requested a lot split so that one parcel could be purchased by interested buyers. There were no further comments from the Planning Director, nor were there any comments from the audience. Commissioner Frolich moved to close the public hearing. Commissioner Irwin seconded and the motion was passed unanimously. Commissioner Frolich moved to approve Application 29-TM-69 subject to the 12 standard conditions, plus Conditions 13 and 14 as proposed by the Planning Director in his memo under date of December 4, 1969. Commissioner Buthenuth seconded. AYES: Commissioners Buthenuth, Frolich, Irwin, Puetz, Hirshon NOES: None ABSENT: None Page 6 Minutes of the Planning Commission Meeting December 8, 1969 PC-27 Public Hearings (continued) 30-TM-69 E. Application 30-TM-69: Del Oro Development Company: Tentative Map, 5.26 acres located west side of Mary Avenue, approximately 1700 feet north of Stevens Creek Boulevard. First Hearing. Mr. William Heiss, Civil Engineer for the project, presented the plans and explained that the Tentative Map had expired and that the developer was now able to commence construction. There were no audience comments nor any further comments from the Planning Director. Commissioner Frolich moved to close the public hearing. Commissioner Irwin seconded and the motion was passed unanimously. Commissioner Frolich moved to approve Application 30-TM-69 sub�ect to the 12 standard conditions plus Conditions 13, 14 and 15 as proposed by the Planning Director, with the following being added to Condition 14: "with access thereto approved by the Central Fire District". Commissioner Irwin seconded. Ayes: Commissioners Buthenuth, Frolich, Irwin, Puetz, Hirshon Noes: None Absent: None. Chairman Hirshon asked to be excused from deliberation and voting on the next application. The Commissioners took note of this exception. F. Application 23-U-69: Vallco Park: Use Permit to allow pet shop in Vallco Village, located southwest corner of Wolfe Road and Homestead Road. First Hearing. Mr. Joe Wucher, property manager for Vallco Park, presented the appli- cation and stated that the pet shop would be for the convenience of the citizenry of Cupertino and would be controlled strictly by a one- year Vallco Park lease which, upon any complaints from adjacent tenants, would be cancelled immediately. Mr. Greg McCarthy, the applicant, introduced himself and stood ready to answer questions. There were no audience comments. Commissioner Irwin maved to close the public hearing. Commissioner Frolich seconded. Commissioner Hirshon abstained. Commissioner Irwin moved for approval of Application 23-U-69. Commissioner Puetz seconded. Ayes: Commissioners Buthenuth, Frolich, Irwin, Puetz Noes: None Abstaining: Commissioner Hirshon There was no unfinished business. Minutes of the Planning Commission Meeting December 8, 1969 PC-2 Page 7 New Business Referring to the previous comments, Commissioner Frolich asked to report, on a dangerous traffic situation existing on Ainsworth and Hartman, a»d referred the matter to the staff and asked for a recommendation to alleviate the situation. Also to have the staff prepare a guideline � the development and upgrading of service stations before any action is taken relative to the moratorium previously discussed. Commissioner Puetz moved that the staff investigate and prepare guidelines and criteria for locations, feasibility, etc. of future service station applications. Commissioner Irwin 5econded, and the motion was passed unanimously. Commissioner Irwin reported on a recently attended Short Course for Planning Commissioners sponsored by the American Institute of Planners and made a number of comments in addition to offering any and all material brought from the conference to his fellow Commissioners. Commissioner Buthenuth moved for adjournment, Commissioner Puetz seconded and it was nassed unanimously. The meeting was adjourned at 10:30 p.m. APPROVED: __,* ' 'i ��_ ;�.. �' � �-.-�- � ,� /s/ Jack T. Hirshon ` Chairman ATTEST: Planning Director