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PC 02-08-65 . . ' �,�., r_ - � �C- Tt:� , 80,�UO.�+ C I T`�: 0 F C "? x E .�? T T_ N � . • Ca lif orn3.a -_._._� ___. 10321 So. Saratoga--Sun�.s�va�e Yo���� (C�_ty Ha11.) ,,+�+^ Cupertino, Californ�.a, 9501�+ pho 252 -�+505 MINUTES OF �HE R�GTJLAR MFE'.t'ING UF THL PLANNTNG COMMISSION � FFF�R�UARY 8, 1955 , 8: 00 P o M, Meeting was hEld a�t the .Board �oom Cupertiro F�.ementary Schooi District Office, 10300 �Ti;, ;a Dr�_ve, Cupertino I SALUTE TO THF F.LAG II R.OLL CALL: M�r31'JTES OF PR�VTOUS PZE:�TING : Jan. 25 1965 COMM. PRESENT : Frolich, H�rsYion, Jc>hnson, Small, Traeumer, Gates C OMM m p �3SENT : None STArF PRESENT : City Pl.anner, l��a�le Lau.� :Cn � Recording Secretary, Lois Inwards NOTE : The Ci�ty A�;torney stated tr.at he h.a.d been sub�oenaed to appear at th� ad,j�urned City Council meet.ing a� C3.ty Ha11 this eveninge Commv Johnson had a- correc�tion for the Minutes of Jan. 25th, page 5, paragraph . 2. He wanted the wolyd ��probably" deleted frorri h�s niotion. Moved by Comm. Froltch, 'second�d by Conim. Johrlson, 'co approve the Minutes of Janu.ar,y� 2 1965 Motio�i carried, 5-0 .. POSTPONEi��ETJmS AI�D/OR CANCE�:,I,ATION� � 3-V-65 Chairma.n Gates announc�d that Item V�A. PERT DEVELOPERS : �i�-V- Application for Variances ��o allcw si.ngl� fam3.ly . ,�,:. . ,: � , _ '� cluster deve7_opment be�;v�een Blaney & Par��a3 Avenue, has been postpen�d unti7. furtha.r no�t�.ce. �A �public not�ce will r�e r�qujs�d when it� �goes ba.c'r on �he agenda. -1_ i7-1Tvt��- _Ct;t��ri V�L ��. AI,FI;.� �,AI�:� CGA � 11,�plica.i;ior... f��� �, .Ta.r:i�znc� - to allow _i.0��;' ^._i..t:�� ;;��,rdr.c �lso S?a':Jdivis�_on ci ��rop�ruy, «�`'..: .: at �'erry Wa�r �.n4� three lats 1�-0' 4��:i�.e o l'u.�lic �ie,�r� ����'' �`� "`� ings closed. �t'hl.s ha� been post��or:�ed l:�r.:.tiJ. tne next `._�,,,.. regula� rneeta.ng e .� -�w.M�.. ELECTIOT�J OP CH �IVD tiTTCE-Cr��:IP�MAN, (Tr�ggered by the resignation last m�nth of Cnairma�. !i'hOr'�sono ) Comm. Johnson nominated P.cting Chalrman Gates for the office of Chairman. Comm. Sr.�,a.11 seconded the notnination. Niovecl by Comm, Frolich, seconded by Comm, Traeum�r, that the nominati.ons be c losed . Motion carried, 6-0 AYES : Comm. Frolich, Hir; hon, Johnson, Small, Traeumer NOES : None ABSTAINED : Comm. CTates Motion carried, 5-0 Comm. Traeu.r.ler nominated Comm, Johnson for the off� ce of V�ice-Chairman. Comm. Hirshon seconded the nominat�on. Moved by Commo Frolich, seconded by Coram. Smal.l, that the nominations be closed. Mo.ti�n carried, 6-0 AYES: Comm. Frolich, Hi.rshon, �m.��.11, Trae�xmer, Gates NOES : None ABSTAI�3ED : Corr�m. Johnson Motion carriea, 5-0 III WRITrEN COMMUNICATIONS: The City P�.anner said there were none this even�tng. IV VERBAL COMMUNICATIONS : The City Plan�er said the City Engineer has developed a house numberi_ng system which affected Couz�ty Agencies agree with wholehea�tedly. The City Council, �'c their last meetin�, decided to send this over to the Planning Commission for study and recommendati.on. V HEARINGS SCHEDUI.�D : .F 'kr. _. A PERT DEV�ELOPERS: Po��poned unt�.l further notice. " - B ORDINANCE 002 (a-1) , PROVIDING FOR APPEI�LL PROCEDURES 50,000 FOR USE PERMITS. First Hearing, -2 � M Tt��e Cit�� P1ann�r said tLie City Coun.ri3 wants the chance to appeal any �iccl.��ons of the Ylannirig Ccmmission. �v�ry- thing but Use permits alrFady co�es befcre the City Council. Chairman Ga'ces asked for comment� from tr.e audience . �rhere were none. � Comm. Johnson asked if this revision means any citizen can ap�eal deci�icns. The City Planner said it does. Comm. F�ol�.ch raised the question of how to determine who is affected by these decisions: the applicant, residents or property owners of Cupertino or any interested .person? Chairman Gates felt a definiti�n of "directly affected '� by decisions of the Planning Commiss.ion"from the City Attorney was in_order. After much discussion, it was decided tY�e Cit;� Attcrney should be in�.ormed thafi we nEed to have. the fi�rst sentence of this ordinance rewritteno Comm. Johnson fe lt the words "or others " should be reviewed . Comm. Frolich su�gested "residents or property owners of Cupertino �� should replace' the words "or others ," - Comm. Hirshon wondered if.perhaps this would be discr:imi- natory. He felt that residents, say in Sunnyvale, who are directly affected b�r �.n action ef the P�anhing .Com� mission should have the r�ght of appeal and hopes that ,, Sunnyvale tvould do the same for Cupertino residents . It was moved by Comm. Traeumer, seconded.by Comrn. Frolich, tha,t the � first pa.ragraph of ORDINANCE N0. 002 (a -1) shou7.d read as follows : "In case the applicant or a resident of the City of Cuper- tino or property owner in th� C�ty�.of. Cuper�ina. is n.ot satisfied with any action of the Plann�.r�g Commission, � which application does not ordinariJ_y go to the City Council, for actiori he may, within� five (5) days, appeal in writing to the City Council, stating that ne is a resident or property owner in Cupertino." " AYES : Comm. �'roli�ch� Johnson, Srr,a11, Traeumer, Gat�s NOES: Comm. Hirshon - �� . . � Motion carri"ed, 5-1. � �Comcri�. Hirshon felt this would be discriminatory. Comm.. Frolich felt that neighboring citizens ha.ve ample time to ob,�ect before an.application reaches this point. -3- Mo�,red �u�t� i;or:lnlo F'.r. olic�., secardec:i by Corr�m Jo�irse;::, �o recornmend apprava.l oF thE or�.�;:'�.r��al amendment to Ordinan.ce No., 0�2(a-1) . , 7 V`: 3 AYES: Comme Frolych, John��n, �r�all, Traeume��, Gates �;�' NOES. Comm. Hirshon � S�: � � F i i � �' . �7otion carried, 5-1 , ..-_,h.;�� ��,, C GRADING, EXCAVATION AND R�:TAINING WP.LL ORDINANCES 50,000 (21�A - 140A). Second Hearing. In light of the forthcor:�ing h��lidays, there wa.s consi�.erable discussion as to the dates of the wo.rk session for the Grad�.ng, Excavation and Retaining Wall Ordinances, and for the next re�ular Pla�nin� Commission meeting. It was decided the work session would be held at 8 P.M., Tuesc�ay, February 23::�d, at Cit� Hall, . Juanita MeLaren, 22101 L'indy Lane, Cupertino, had a few words she wished to say regarding the Hillside Ordinance. She said she has lived on hillside property for 8 years and has seen, first-hand, the results of inadequate regulations for hillside pro��erty development. She submitted pictures of the resu7_�s of dama.ge from the recent heavy rains. Sh� said all that property awner was required to put up was posts and redwood fencing. She said the County was very restrictive when she built her home. These pictures were given over to the City Planner to be filed with the Hill�ide Ordinance fi:l.e . Mr. Melvin Peterson, 1159 Elmaford Drive, �an Jose, said that if Section 6 is rescinded, does that mean that Section 7 is also rescinded? . � The Planning Commission requested a representative from Engineer- ing and the City Attorney be pres.ent at the February 23rd work session for consulta.tion. D PROPOSED CLUSTER ORDINANCE. Second Heai�ing 81,00� (continued) Chairma.n Gates said this will be discussed at the meeting on February 23rd at City Ha 11. E � CUPDRTINO CH�RCH .DF��:THE. NAZARENE :.. Application for a Use 12-U-6� Permit for a church site at the SW corner of Wolfe •Rd and Richwood Drive. Public Hearings reopened. �� •` i ' ?r;;�°� .. One of t�he �principals was not present at the time this came --- up on the agenda. . ' --� - Niov�d �y Comm. Jc�hnson; seconded by Cc�mm. `i��_•aeurr��r, �that ` this i.tein be put over. to�°t�e en�, of tY�e Public I;carings � �� on .�:his agen�.�. This moti�on was ob�ectEd �ro by people who were present to protest. Th�y said �they were there and were ready to give th�ir arguments aga:Lnst this - application, Comm. Frolich reminded everyor�e the r�ason for the con- tinuance of t his public hearing was as a courte�y to � a llow the applicant time to produce proof of com�liance with the parking ordinance and to allow �;ho�e ob�jecting to be heard. - . - Moved by Comm. Hir.shon, secon.�.�ed by Comrn� Sma,11 to put applic�ation 12-U-64 over until Lhe ne�t Y�earing az"ter the applicant shows up. AYES : Camm. Frol�.ch, Hirshon. Joh.r.son, Small, TraeLlmer, Gates NOES : None Motion carrie3, 6-0 � F I. K. �ISHIMATSU: Application �for a Rezoning from 1-Z- R-1:B-2 to P4-H; 2.7 acres, west side of M3.11er Ave., 1000' sou�h o�' Stevens Creek Blvd.. Secon�. Hearing. Mr. David Bergen, 503 Rio Vista, San Jose, said the appli- cant feels this would be the best zoning for this propert;� because of the noise from Cupertino High School, and because of the church ad �acent to this praperty. It i.s � the only R-1 property in �that area, �nd is surrounded by R-3, commerc3al, a church, ancl a h�gh school. Noise f�orn the swimming pools and tennis caurt� at the high school make it undesirable for R-1� � Chairman Gates asked for comments from the audience . There were none. Moved by Comm. Frolich, se.conded by Comm. �Smali, to close the Second Hearing. - AYES : Corrime Frolich; Hir�sY�on, Johnsan;. Sma,ll, Traeumer., Gat•es . . • NOES : None' , ... � � �� � , `� Motion car�ied, .6-0 , � The City Planner said tha.t becauc,e of the church and the school so close, professional offices would blend into the ...�--�-----�---�- area.. On the other hand, the General Plan shows low density residential here, and if offices were put here it would further decentralize such activities. -5 - The City Pla.:zner said that guod planning dictat��� that ar�y rezoning in this are�.l should include any rem.a3.ning u.r.3eveloped ��°°�'��'°"+' pro��ertyw On the ;e grounds, t��e City Planner recommended �. denial oi this sp�t zon�n.�, ' '�-, �;- � � ., e h Comm. Hirshon asked the City Flanne� wnat rle would recommend ��"°�� here. The City Pianner said he wcu�d l�ke to sFe an overall plan for this whole undeve loped area . Comm. Frolich said that anything ask3.n�; for PO-H presuma.bly would be spot zoning. He felt that R-1 here would a7.so be spot zoning. Comm. Frolich asked if a tentative map would be required here. The City Planner sa�.d that whenever there is a problem of municipal improvements �. t�ntative map is required. The Planning Commissioners reviewe3.the status of the sur- rounding lots. Comm, Hirshon felt this was a good location for professiona,l offices. Moved by Comm. Frolich, seconded by Comm. Hirsho.n, to recommend approval of application 1-Z- subject to: 1-12 Standard conditions, 13. That a tentative map be filed and approved before the building permit is issued, 1�. That the Site Plan that was presented during this Hear- ing be �nade a part of this application. AYES: Comm. Frolich, Hirshon, Johnson, Sma11, Traeumer, Gates NOES : None � �Motion carried, 6-0 G ITSUC�7 UENAKA: Application for a �rari.ance for a 35' high 1-V- sign; Springdale Nursery at Saratoga-Sunnyvale Road. Seeond Hearing. Moved by Comm. Johnson, sec�l�ded by Comma Traeumer, to reopen the Second Hearing. Motion carried, 6-0 Mr. Mel Peterson, of Ad Art, said. the reason for this appli- cation for a Variance here is because of the name change for this business. They ha.ve asked for a Variance to conform with their other business locations and to create an image. �� - They are keeping the illuminated portion of the s�gn down, '� _..� - within the Ordinance. Only the trim exceeds the prov�.sions of t he Ordinance. Mr. P�terson brought along a couple of sa mples of their newspaper ads, a brochure, and colored -6- �� �: y ` � .ar� w' rendering of �he proposed sign. Zt would be placed in the �approximate loca�tior� of the e?:is�t;ing sign. Chairman Gates asked � cr c�m.ments from the audience . Noting � Dr. Brown in the audience, 1ze asked him, since his Veterin- arian Hospital is located near this business, if he had any , � ol��ections or comments, Dr. Brown said it looked all - right to him. "� . Moved by Corrim. Traeumer; seconded by Comm. Small, to close the Second Hearirlg. . AYES: Comm. Frolich, Hirshon, Johnson, Small, Traeumer, Gates NOES : None . Motion carried, 6-0 Comm. Traeumer said that at the last meeting he moved to � app�oVe this application but, after.further study and con- � sultation wit.h the City Attorney (who adv�sed against it) � he has ha.d some secor.d thoughts . , Moved by Comm. Traeumer, seconded by Comm. Frolich to deny � � � application 1-V-65. _ Comm. Frolich, comtnented that the int�nt of the Sign Ordi- na.nce would soon be destro�r�d because if this Variance .. .... were g�anted we. would soon be f lqoded with applications .�. for varianc:e� for signs . Th3.� would set a precedence . . '� Comm. Johnso�n said. �that at the� last meeting he voted for . this V� . He fe lt the minor spire and leaf would not be ob�jectionable. However, after restudying the . si.gn ordin�nce�..�.r�d� further thought, he decided to reverse . his decision. �:. . . Comm. Frolich said that, because of the wide frontage of the property, they could put in a larger sign. ' . AYES: Comm. Fro11�h, Hirshon, Johnson, Sma.11, Traeumer, Gates , NOES : None .: ' . .. ' Motion car� �ed, 6-0 �" � � H`� � w'ILLIAM D, ANDERSON: Application for rezoning from � 2-Z-65 R-1:B-2 to C=�.-H; 2.g acres north side of Bollinger � y , i; ,- � Road, between Farallone Drive an.d.Blaney Avenue. - �First He�r�ng. . ,� � . Mr. William :And:erson, 1799 Hamilt.on Avenue, San Jose, said this would: �be� a�: �xt�nsion of the, zoning which already exists . There is a sma.11 shopping center ad,jacent to the property, a service station on the corner of Blaney and _7_ Bolling�r , ancl a new cnurch is bE ing buil'c on th� ad joining 10� e He said, "We a� e developers, not sPeculators ." He felt �:. ���»�� : this property was definitely unsuitable for R-1, ;�, �' �� . < ; Chairman Gates asked for comment;s from the audience. Mr. Douglas Boyd, 2030 Clifden, Cupertino, said r:e moved to Cupertino for a quiet, residential neighbor°hood. He does not feel there is any need to develop this property commercially because, at the present time, there is a lot of unoccupied commercial pr�operty in Cupertano. Bishop E. P. Anderson, Bishop of San Jose Sixt.h Ward, said it was the u.nderstanding of his Church that this was R-1 zoning. Before they decided to btzild c�n this property they investigated thoroughly because they did not want to be nex� to commercial propFrty. Mr, Terry Hughes, President of �he Friendly Woods Homeowners' Association; Mr. Sterling Davis, 10368 Co1by, Cupertino; Mr. Tom Warrick, 10319 Dennison; all vo3.ced their ob,ject3ons to this rezoning. Mr. Boyd Pullis, 16290 Kennedy, Los Gatos, said the Churc h always purchases land most unlikely to become commercial for their future C hurch locations. __.. Mr. William Anderson �said this property is kind of a ma.verick. He rea lized the Church bought their property well in advance of the development of the neighborhood shopping center. Howev�r, it is there now, and he does not feel"this pro�erty should stay in weeds and that portion of the road stay undeveloped. Mr. J. R. Jones,:co-developer with Mr. Anderson, asked for suggestions from the ob,jectors on wha� they think would be suitable for this propertye Mr. Pullis said they have no ob- ,�ections tQ another ��rurch. The City Planner said it seems that this is a diff iculty that results when we zone �racts instead of neighborhoods. If it is zoned single family or multi-family, it would be eritirely shut off from the neighborhood behind it. Boll�nger Road would be the only access, and residential here would be unfortunate and hazardous. If this pr�operty is rezoned to commercial, he re_commended a.site ,pl�n be required. � �.-, �� � Moved by Comm. Small, seconded by Comm. Johnson,.to close " the First Hearing. ti� �� AYES : Comm. Hirshon, Johnson, Small °"�; NOES: Comm. Frolich, Traeumer, Ga�es Motion tied,.� 3-3 , _8_ Moved by Comm. `.��. secoric��d by Comm. ���.��oli.cn, to close the Public Hearinds. ��� " AYES : Comm� Frol.ich, Traevmer, Gates " NOES : Comm. H�rsYion, Jorr�son, Sma11 • � Motion tied, 3-3 Moved by Comm. Frolich, �econded by Comm: Hlrshon, to close . the First Public rie.aring. � - Mot�.on carried, 6-0 � Chairma.n Gates sa3d the Second Public Heari:r�.g w.ill be held at the next regular Planning�Co.mmission meeting, March 8th. Cha.i�ma.n Gates called for a five-minute break. E .' ,� �,�UgERTINO CHURCH OF THE �.NAZ�REN� :" � Applica:�ion: ��for a 12-U-6�+ Use Permit for a church site at the SW corner of Wo1fe Road and Richwood Drive . Public Hearings . Reopened. Attorney Dorothy Webb asked` t�o have the licEnse fo� � use of the shopping center parking lot read aloud. __ __ Mr. .OakS ha.d given the City P].anner a l�cense allowing the Chur�n to use the 1ot across Richwood Drive until that lot is developed. Mr. Qaks explained tha� Mr. Costello, the owner af the shopping center west of East Estates Drive (Ma.yf air ) haa ag.reed to sign an Agreement to share their parking lot but he is out of town. Mr. Oaks said the Chief Building Inspector fee ls the parking lot can have this double use. Mr. Oaks suggested :an approval� of, this application,�. sub- �ect to �he c�ndit�.on that Mr. Costello sign the Agreement which. he has a�re : to sign or to consider establis.hing a less�er size sanctuary to conf orm to the parking spaces available. . � � � Mr. Cabrillo, 10151. ; Vicksbur� Drive, Gupertino,: said �he ��:'s a businessma.n in a shopping center and challeriges the •� ' remark th�t the owner h�,d the approval of a11 the tenants " of his ,Shopping center. � � The City Planner said our ordinance says there ma.y be a � certain number of.parking spaces shared. He felt there were enough parking� spaces within 300' of. t�he church. He adde�d `�' ______ _ that we,, will have to have a statement from the people in the ;�Iayfair Market, however. . _9_ Mr.� .. John ZeY:;ris, 1.0165 Vic.�:sburg Drive, Cupertino, asked if there would then be other ise�:��•_�.nos . He submitted ma�s of tYie area ta �:. �;he Commissioners o He said tnc,i� Mr e Ca:=s h3s stated at previouls '_ ` '- Hearings that he had always planned a church -here but this was ``�. ��--�r�' not indicated on the ma.p� Fvr�hermo.re, �:wo other churches now_ -,� �� under construction 3_n C'upertino are meeting the parking ordi- ;L'�.�`�r nance requirements. Mr.' Zehms also said that a rezoning at .Clifden and Bollinger was recently turned down, based on the fact that it would put parking next to R-l. - This chi�rch would put parking next to R-1 also. Mr. John Silvas, 10190 Vicksburg,� questioned the license agreement where any businessmen are concerned. Mr. I:onnell, 10171 Vicl�csburg Drive, Cupertino, said he.is a long-time resident of Cuper�ino, ar�d feels this license agreement is somewh�,t illeg�l. He felt the Agreement' would � have to be irrevocable, as long as the clzurch was there. Comm. Frolich asked what the acreage is here. He was told that it is roughly 3�,000 sq, ft. Mr. Honne 11 said they could not build a smaller church, in order to conf orm to the parking ratio, because it could not - be expected to pay for �tse lf � Mr. R. W. Cooper, 10175 Vicksburg Drive, �upertino, said there is alread.y a parking problem in frorit of his home, caused by the apartments. Ntrs. Webb, 196�40 Redbery Drive, Los Gatos, said she is the attorney f`or nine residents on Vicksburg Drive . She said they . bpught their ho�nes sometime between Janizary and May of 1962 anticipa�ing quiet family living with a rural atmosphere. They felt it would be good for their children. Before they even had a chance �o move in, it had taken on the at mosphere of city life . The character of the people in duplexes and apartments is different from most R-1 residents . The plan to have a 5anctuary large enough to accommodate 300 communi- cants on this srn,all lot will result in t'he church having no privacy either. The �esidents were told "there would be a cabana-swim club; this was going to be the only cleviation from R-1. Mr. Oaks said it was r�ell kriown and publicized that the in- }�:: �'�� tention ha,s alwa�rs bee.n` to_ put a church here. He realizes. .. �, �"� � now that it was a mistake to put' R-1 homes ad�;�acent to .this. Property. . . . . .. -10- --.- --.., _ Nir . OaYs �aid tr�is is a small church; but i:.��s the Yiighest per capita of �Z.ving �:i.n the Uni�ed States . A pQ��ition on, file at � City Hall beaxs ou:t � the fact that. over 100 people. , in tha,t n�ighborhood feel th�s i�� a good �idea ta have a church. here . He appealed to' the Cor,lmissia�. tha:t this is �. good planning fo� lar.d use. He fElt, however, tha:t the size should be cu'� down to 200 capaci�;T. , Nfr. Frank Savida, Vicksburg Drive, Cupertino, said that , on the plan.board in the sales offic� there is no indica- tion that th�re woulc� be a church here ., . � , Mr. Honnell added that the church sign on the vacant lot went up after he had purchased 'nis property. The water tank and the duplexes went in after these prpperty owners had purchased their homes . He said, "We have had about all the Variances we can stand in this area." � Chairma.n Gates sa-id this application was not for a Variance but rather for a Use Permit. It is the job of the� Planning Gommission to decide whether or not this is a valid use of the property . . M�. DeCarion, East Estates Drive, sa3d his home is the reverse plan. 7f this church is built, his.living room _. window will look directly out onto the church roof. He said he was present at the meeting at Cupertino High Scho.ol� regarding the General Plan and heard the consultant assure the Cupertino residents that from no;a on, ample � parking wi11 , be assured with any deve lopment of land . :�Toved by Comm. Johnson, seconded by C:o,mm. Frolich, to c lose a11 the Public Hearings . � . . AYES : Comm. Frolich, Hirshon,. Johnsun, Sma.11, Traeumer, Gates '� - � � NOES : None . Motion carried, 6-0 � Comm. Johnson the�n summa,rized .the pertinent comments of � . the Hearings thes� past 3 months on ,this application. He noted how, repeatedly, the �.ppl�icant was informed that a bindin� agreement was needed. We° st.ill `do not have this agreement. Comm. Johns�on said he felt all the Commissioners would like to see the church built,. i� the parking situa- tion could be solved. At this point, r,e does not feel that it can be solved. - Comm. Hirshon said there definitely is a parking problem here. _�� �. He was not convinced this was proper land use; and he could not overlook the fact that property owners were here, saying it would interfere with their neighborhood. -11- �omm, �rn�,? _l_ ��.:ad nc ccrra�ent �to m:��.ke at :,h�;_: ;,im�: . Comm. Traeumer.said that if the applicant were willing to .�� redesign and add landscaping a th� property line as a �'��: � buffer he would be in favor of :it . � � `�;. Comm. Frolich said this seems to be an extremely small parcel _ on which to put a church. � permanent instrument would have to be submitted f or parking us� as lon; as the enureh is there. If they built something smaller �.t th3s time, with the inten- tion of enlarging it at some future datP, it would be very hard for the future Planning Commissioners to approve such action, based �on the parkir.g si tuation. The �property across the street, in back of the Mobile station, seems more suited for a church site. Moved by Comm. Johnson, seconded by Comm. Hirshon, �hat � application 12-U-6�+ is in viol�.tion of Ordinance 002A, Sec .3 :� and Ordinance 002Q, Sec . 1:3 c, and tha.t such application be denied. Comm. Traeumer amended this motion in tha.t this application for a Use Permit as has been submitted to the Planning Com- mission, based on the number of pews and the parking as`in- corporated in the application, was deniede This amendment was withdrawn. � AYES: Comm. Frolich, Hi�rshon, Johnson, Small, Traeumer, Gates NOES : None Motion carried, 6-0 VI UNFINISHED BUSINESS: A ALPH:� LAND CO.: Application for a Variance to allow 17-V-6�+ 10.�' side yards; also, subdivision of property at Terry Way into three lots 1�F0' wide. Public Hearings c losed . The applicant has asked for a postponement until the next , regular meeting. , VII . NEb� BUSINESS � A DON RYAN: Appl:ication for approval of Tentative Map• 2 -TM-6 _ . � 5 7.3 acres south of Junipero Serra Freeway and �-west of Blaney Avenue . This is zoned R-3. . �, �..., " Mr. Don Ryan, 958 Addison, Palo Alto, � clistributed revised ��'�� copies of' a tentative map, � -12- �� � Comm. F'rolich w�.s conc�rned that no street pattern was '' indicated on this map connec�in.� it with Lucille Avenue. The City Planner said thE a�plicant has a development plan, but it is not off icially submitted as yet. The interpretation of tne R-3-H Ordinance is difficult, and -- has involved quii;e a bit of staff work. Gha.irman Gates felt that a street pattern should be indica�ed on a tentative map. � Comm. Hirshon wondered if the Fire and Falice Depar�ments would not be concerned when such a large parceT is cancerned. Comm. Johnson said he would like the City Attorney's interpretation here. The City Planner said he and the.City Attorney had studied this together and the Ordinarice is rather vague here. Mr. Ryan said he had planned to have access only to�Lucille Avenue for thi swim-tennis-residential community of 225 units. He said he wants to conform with the Ordinance and asked the Commission what his next step should be. Comm. Johnson said the graph attached �o.the R-3-H Ordinarice is a part of this Ordinance. He wondered why. --- it stops at � 20 units per lot. What �is the purpos� o#', � 20 uriita per lot? `What Yias �een the �.nterpre�_ati�on by the City in the past on �his? The City Planner said he had asked the City Engineer these questions and was told it stopped at 20 simply because there was no more room on the paper; that one must then extrapolate. Gomm..Johnson wondered if there was not some other reason. � There was considerable d�scuss3.on. about what the .a.p,plicant should do next . Comm. Traeumer fe lt he should go. the . Variance route under R-3 Cluster Plan. Comm. Sma.11 said he would like to: see. t-he dedicated street pattern on the tentative map. Mr. Carl Tucci, 106�2 Randy Lane, Cupertino, was present at the Hearing with Mr. Ryan. The City Planner said no real ob jections to this came from any of the consulted agencies. Some of them, however, want to look at�� the site plan before it is approved by .:the H=Control. � .. � ---__�____ Comm. Traeumer fe lt a deve lopme�nt plan should be � shown . here. -13- Moved bf Comm. Frolich, seconded by Comm. Hirshon, to continue this until the next regular meeting. The City Attorney shoul;d �'�" �-''�� �;. � v � '�'. be asked to submit a written report to the applicant on the ,.�.,�� interpretation of the R•-3-I-? Ordinance as soon. as possible, so -�, ..� . �k.. .�`!'' the applicant will have a basis for possible rEVision of the '- �-s� � pian before the Second Hearing. � ' Cha.irman Gates felt the traffic pattern should definitely be established, as well as Lhe density ar,d the parking, before the Second Hearing. AYES: Comm. Frolich, Hirshon, Johnson, Small, Traeumer, Gates NOES : None Motion carried, 6-0 B Comr1. FroTich brought up the case where the ABC Hearing for a cocktail lounge in the Mayfair Shopping Center will be coming up in. the near future . It ��eemed to him that neigh- borhood shopping centers are not any place for a cocl�tail lounge. I� would front onto a parking lot, not onto Stevens Creek Blvrl. Children frequent the grocery store, donut shop, drug store, etc., and this would not be a good inf luence on them. , Since time is of the essence, Comm. Frolich proposed the City - Staff draft a letter to the AEC Board, making note of the Planning Commission's ob jections . This is to be a note of concern, on a city planning standpoin�t, because of the R-1 close by. The City Attorr.ey is to be apprised of this. This was put in the form of a Minute Order by Comm. .Frolich, and seconded by Comm. Hirshon. AYES c Comm. �'rolich, Hirshon, Johnson, Small, Traeumer, Gates NOES�: None Motian carried, 6-0 Comm. Traeumer moved that the staff also notify the Building Department to advise the person who issues business licenses here that the license be held in abeyance until they hear from ABC. This motion was withdrawn. . �� ° . � �;� ,.v � ��� � � � �, � �; .�,,�< n 4 _ 11.4. _ . ' C Chairma.n Gates suggested the staff de��rise some plan Whereby the agendas would identify past proceedings on a given applicat�on by date of those Minutes and the page number . VI I I AD JOURNMENT Moved by Comm. Traeumer, seconded by Comm. Small, to ad journ the meetin� at midni�ht. Motion carried, 6-0 APPROVED : /s/ Jack Gates C ha irma n ATTEST : /s/ Adde La.urin .__ City and Traffic Planner �,:, .,, -15-