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PC 02-27-67 . T 10300 Torre Ave. , Cupertino, Calif ,, 9501� Phone : 252-�+505 ----------------------------------------------------------------- PC-� 80, 000. �4 C I T Y 0 F C U P E R T I N 0 California MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION February 27, 1967 8:00 P.M. Held in the Council Chambers, City Hall, 10300 Torre Ave., cupertino I SALUTE TO THE FLAG II ROLL CALL Comm. present: Bryson, Frolich, Horgan, Buthenuth Comm, absent; chairman Hirshon Staff present: City Attorney, Sam Anderson Director of Public Works, Frank Finney Director of planning, Adde Laurin City Engineer, Bob Shook Assistant planner, Jim Nuzum Recording Secretary, Lois Inwards Vice-Cha�rman Buthenuth said he'd received a telephone call from Chairman Hirshon, indicating he would be unable "� to attend this meeting. III MINUTES OF PREVIOUS MEETING, February 15, 1967 Minutes of January 23rd: Comm. Bryson noted that the vote on application 6Z67.1 should have been: AYES: Comm, Bryson, Horgan, Frolich NAYS: Comm. Buthenuth, Hirshon Moved by Comm. Horgan, seconded by Comm. Bryson, to approve the Minutes of 1�23/67, as corrected. Motion carried, 4-0 Moved by Comm. Horgan, seconded by Comm. Bryson, that the Minutes of 2/15/67 be approved as read. Motion carried, �-0 -1- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- IV ANNOUNCEMENT OF POSTPONEMENTS, etc. The Planning Director said that, per the instructions of the Commission, he wrote all the applicants about the long agenda for this evening and asked if any cared to postpone. Mr. Robert V. Willmes (application 5-U-67 has agreed to have his hearing postponed until 3/13/b MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm. Frolich, to postpone application 5-U-67 until the next regular meeting on March 13th. Motion carried, �-0 V WRITTEN COMMUNICATIONS The Director of planning stated there have been many written communications but they all pertain to applica- tions and will be introduced during the appropriate hearing. VI VERBAL COMMUNICATIONS -- There were none. _� VII HEARINGS SCHEDULED: 1-U-67 A. CROCKER'S MOBIL SERVICE: Use Permit to conduct trailer rentals as part of Service Station opera- tions at NW corner of Homestead Road and Saratoga- Sunnyvale Road. First Hearing. Mr. Dwight L. Crocker stated that he is the owner of this service station and Mr. George Wilder is the operator. He said he was not aware that there was a problem until advised by the Building Inspector. He advised the Com- missioners to look around at the business practices of other service stations, also. Comm. Bryson would like to stipulate in the Use Permit that they be non-sleeping type trailers. The Planning Director said our prdinances don't mention trailer rental, but it �s been established that service stations are to be limited to the dispensing of gas, oil, tires, etc. He pointed out that the rental of trailers might be compatible at service stations in some parts of the City but not in others. -2 - �� PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- Comm. Frolich said we have worked hard to limit the products and services of service stations, and if we � start break�ng down this standard it alters the character of the use of the property. Comm. Bryson did not agree. Vice-Chairman Buthenuth feels it is necessary to be able to rent a trailer in the City of Cupertino. Moved by Comm. Bryson, seconded by Comm. Horgan, to close the public hearing. Motion carried, �-0 Moved by Comm. Bryson, seconded by Vice-Chairman Buthenuth, to approve application 1- AYES: Comm, Bryson, Buthenuth NAYS: Comm. Frolich, Horgan Motion tied, 2-2 MINUTE ORDER: Upon the advice of the City Attorney, it was moved by Comm. Horgan, seconded by Comm. Frolich, to continue application 1-U-67 to March 13th. Motion carried, 4-0 �-U-67 B. ESTATES MOBIL SERVICE: Use Permit to conduct trailer rentals as part of Service Station operations at SW corner of Stevens Creek Blvd. and Wolfe Road. First Hearing. Mr. J. P. Williams, of Estates Mobil Service Station, said U-Haul offers the use of their trailers, free- of-charge, to churches and civic groups. He also stated that he is in an area of several hundred rental units and they make considerable use of the trailer rental service. MINUTE ORDER: Since it was apparent that the fifth vote would also be needed on this application, it was moved by Comm. Horgan, seconded by Comm. Frolich, to continue application �-U-67 to the next regular meeting on March 13th. Motion carried, �-0 2-U-67 C. CHURCH OF JESUS CHRIST OF LA.TTER DAY SAINTS: Use Permit for construction of church building on Stelling Road, south of pep�r Tree Lane. First Hearing. -3- PC-� Minutes of the 2/27�67 Planning Commission Meeting ----------------------------------------------------------------- Bishop Gordon Jensen, 1605 Honfleur Drive, Sunnyvale, stated that they plan to build on their property across from De Anza College. He presented preliminary sketches, stating they may be making some changes later. The Planning Director said the location is good for this particular use. O�e problem here is drainage, which will be resolved under t,he 12 standard conditions. He ad- vised the applicant be required to participate in the LID which is currently being formed around the College. Another consideration is that there should be a secondary access to the Church property at the time Tula Lane may be dedicated as a public street and extended. The City Attorney gave the history of Tula I,ane, stating it was in existence when the City was formed, As to participation in the Assessment District, the City Attorney said it must be considered whether or not this is of interest to the LID and the staff. The Director of Public Works stated it would be desirable. Upon questioning by Comm. Horgan, the applicant stated he is in agreement with the conditions of participating in the LID and the secondary access as suggested by the Director of Planning, Moved by Comm. Horgan, seconded by Comm. Bryson, to close the Public Hearings . Motion carried, �-0 Moved by Comm. Horgan, seconded by Comm. Bryson, to approve application 2-U-67, with the 12 standard conditions; and 13: Participation in the De Anza, et al., L.I.D. is required. AYES : Comm. Bryson, Frolich, Horgan, Buthenuth NAYS : None Motion carried, �-0 3-U-67 E. EXCELL AND ASSOCIATES: Use Permit for construction of 87-bed addition to the Pleasant Hills Convalescent Center, SW corner of Foothill Blvd. and Voss Avenue. First Hearing. Mr. H. W. Tamka, one of the owners of the hsopital, located at 22590 Voss Avenue, Cupertino, asked for approval of this application. The Planning Director said he is working on a plan to ultimately improve Foothill Blvd. If and when this plan is realized, access should be limited to certain inter- sections. The proposed Condition 13 might safeguard the City against payment of damage in such case. -�- PC-� Minutes of the 2�27�67 planning Commission Meeting ----------------------------------------------------------------- Mr. Tamka stated that he has been notified of the change of use on Foothill Blvd., and believes they can work � around this. He would, however, like to keep this access to Foothill Blvd, for ambulance use. The City �ngineer said the improvements on Foothill Blvd, were not constructed when the rest of the develop- ment was built, but it would now be done, under the standard conditions. Moved by Comm. Frolich, seconded by Comm. Horgan, to close the Public Hearings. Motion carried, �-0 Moved by Comm. Frolich, seconded by Comm. Horgan, to approve application 3-U-67, sub�ect to the 12 standard conditions; and Condition 13; "I� is understood that there are no objections to a possible future limitation of entrances and exits to Voss Avenue and Merriman Road in case an improvement program for Foothill Blvd. would require elimination of direct access from this thoro- fare." AYES: Comm. Bryson, Frolich, Horgan, Buthenuth NA YS : No ne Motion carried, 4-0 1-z-67 F. WARD CRUMP DEVELOPMENTS, INC.: Rezoning from R3-2.7 to R1C-�+.6, approx. �4,6 acres west end of Gardena Drive. First Hearing. Mr. Ward Crump, 20�430 Town Center I,ane, Cupertino, explained his proposal tonight is rather different and he does not have strong feelings either way, whether or not it is approved. His proposal, based on a telephone call from a person wishing to purchase one of his duplexes but not being able to afford it, is to have the lot line run through the middle of each duplex, making it possible for them to be sold individually. Mr. Crump explained there is a P.G. 8c E. easement directly behind five of the units, with the freeway directly behind the easement. There would be a tot lot and common green on that easement. In another area, there would be a pool for the exclusive use of the residents of the duplexes. The duplex owners would have an association controlled by a Board of Directors. There would also be a substandard interior street. -5- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- Mr. Crump said the units will all be three-bedroom, two- bath, with family room. He said the question is whether each duplex should be sold to one person who rents out half of it, or if they should be sold individually. The Planning Director said this area is zoned R3-2.7 (medium-density apartments) but a Variance has been granted (before Ordinance 220(f) was enacted) to permit duplexes. The present application is for R1C-�.6 (Resi- dential Single-family Cluster zoning with approximately the same density as standard duplex zoning). His memo- randum lists exceptions from and modifications of the requirements of the Cluster prdinance, which would be necessitated by the plan submitted with the application. The Ordinance has provision for such modifications, except that less than five acres total area and two acres com- mon area should be permitted only in very special circumstances. There are two schools of thought on the Cluster prdinance: One is that we should not compromise with the standards of the Ordinance, including the requirement of 750o sq. ft. of lot area plus common area per dwelling unit. The other is that modifications including higher density are �ustified as long as the end result is deemed better than what we would get with existing zoning. The Planning Director said that he rather leaned toward the second school of thought, but that former Chairman C�ates was a firm proponent of the f irst. The reasons in favor of a cluster development are: 1) More privacy. 2) A common area suited for active recreation. 3) Individual ownership of homes for people to whom. the standard R1 lot is not suitable. �) More varied and aesthetic environment, The Planning Director continued to say that the appli- cant's project was an improvement in regard to points 2 and 3, but not to points 1 and �. He displayed a row house scheme, which type of development lends itself better to the cluster concept; the display being intended only as one example of many possible types. Unfortunately, he said, lending institutions are reluctant to invest money in types of housing that are not already established in a particular area, which makes almost any innovations � impossible. He recommended the application in principle, but would like to have the plan restudied to conform better with the intent of the Cluster Ordinance, parti- cularly to create more privacy. -6- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- Mr. Crump said he submitted the row house concept to three lending agencies and all three said; "No." � They have no ob�ections to the division of the duplexes to sell them as individual houses; however. He said his plan shows 1�' between the duplexes. What he particularly ob�ects to is a one-way perimeter street. Comm. Frolich wondered whether this should be R1C or R2C. The Director said thdt the number a,fter "R" denominates the basic distinction between single-family (Rl or R1C), duplex (R2 or R2C) and multiple (R3 or R3C). Density is indicated by the number after the dash, and other modifications, etc., by lower-case letters. Al1 lots with one dwelling unit have to be R1 or R1C. Also, R1 and R1C require separate walls and two garage spaces, which R2 and R2C would not. The City Attorney added that the design would have to meet the require- ments of the Fire Marshal. Comm. Frolich asked about the garages. Mr. Crump said there would be one enclosed garage and one parking space outside. The pro,ject is exactly the same as the duplexes proposed earlier, except that each duplex lot is divided in two, and that two common areas have been created. Comm. Frolich said there are some discrepancies with the Cluster Ordinance, and that the proposed pro�ect does not particularly lend itself to the concept of the Ordinance. He wonders if it is worth it to do so much violence to the Ordinance for so little gain. Juanita McLaren, Realtor, 10101 N. Blaney, Cupertino, feels there is a definite need for this type development. Anything Mr. Crump has brought into the area has been good for Cupertino. Comm. Frolich said we, in reality, are going to get a good set of duplexes in there no matter which way we decide. Moved by Comm. Bryson, seconded by Comm. Frolich, to close the Public Hearings. Motion carried, �+-0 Moved by Comm. Bryson, seconcled by Comm. Frolich, that application 1-z-67 be denied, in view of the fact that the application does not meet the requirements of the City in width of streets and size of open area, and the fact that a denial will work no hardship on the developer. AYES: Comm. Bryson, Frolich, Horgan, Buthenuth NAYS: None � Motion carried, �-0 The applicant was advised of his right of appeal. -7- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- 2-Z-67 �, YEE ENTERPRISES: Rezoning from R3 to CG, approx. 1.3 acres, SW corner of Miller Avenue and Stevens creek Blvd. First Hearing. Attorney Haskell Goodman, 210 N. �th Street, San Jose, said the area in general is going commercial, as is shown on the General Plan. If the application is granted, site planning and building permit will also come before the Architectural and Site Control Committee and the Council. He understood it is desirable to move some of the loading zones and Mr, yee is in agreement with this. The Planning Director said that the zoning along Stevens Creek Blvd. is generally commercial (CG) to a depth of �00'. There is some undeveloped apartment zoning along the Boulevard, but it is desirable to eliminate this zoning. A development plan is not required for rezoning to CG unless specifically requested, but a site plan will have to be presented to the Architectural and Site Control Committee. He recommended approval with the two conditions in addition to the 12 standard conditions set forth in his memo of February 21, 1g67 Comm. Frolich would like to see a driveway along the back of the store. The a pplicant said the plan submitted was only to show what the general intent is. They realize the parking ratio, for instance, must be met. They are not in a position tonight to show how the buildings will look, The warehouse shown on the plan is for the exclusive use of the store. The City Attorney said a piece of land zoned Commercial might be too small and virtually undevelopable. Comm. Frolich would like to have a second hearing on this application and give the applicant a chance to demon- strate how he can provide adequate parking, etc. Moved by Comm. Frolich, seconded by comm. gorgan, to close the first hearing and request the applicant to revise the plan to meet the parking and various other requirements and to have it ready f or the next regular meeting, if possible. Motion carried, �-0 Vice-Chairman Buthenuth called for a recess at 9:50 P.M. The meeting resumed at 10:00 P.M. -8- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- 3-z-67 H. JOHN E. SAICH and�or ANTON SAICH and ANNE E. SAICH: Rezoning from R3-2.7 to Light Industrial (ML), � 35 acres E of Southern Pacific Railroad, N of University Avenue, W of Stevens Freeway; and 5 acres W of Mary Avenue, E of $tevens Freeway. First Hearing. Mr. Amos Krausz, 2795 Summit Drive, Hillsborough, said they are actually seeking reversion to the original zoning, in line with the �eneral Plan of the City. They plan to create an industrial park similar to Stanford Industrial Park, with Architectural and Site Control. Some firms in Stanford Industrial Park have indicated they would like to come down to Cupertino, near the College. Mr. Krausz said one of the ma�or problems is access, which at present is inadequate. They are seeking tonight the Commission's assurance that they wi11 be able to develop as planned if they negotiate with Southern Pacific to provide an access road with four moving lanes plus a parking lane on the residential side. If they could get a conditional approval, sub�ject to suc- cessful negotiations with Southern Pacific, they are willing to bear the cost of putting in sufficient roads. Mr. Krausz said they intend to extend Peninsula Avenue to the center of the industrial park. They do not intend to divide the area into small lots; possibly only six. Four companies are interested now, which will require a total of 26 acres. The anticipated investment is in the neighborhood of ten million dollars. In order to att�act this type industry, it will have to be exceptionally well planned. They have not attempted to negotiate with Southern Pacific at this time, but are wa�ting for some encouragement from the City. The planning Director commented that in 1964 , - this property was rezoned from Light Industrial (M-1-H, now ML) to medium density apartments �R-2�-H, now R3-2 The present application is or ML, but the use just indicated by the applicant would be better served with planned Industrial Park (MP) zoning. The General Plan shows all of Monta Vista as industrial, but it does not show how to go about converting it from residential use. Proper access and proper screen- ing toward residential areas would be necessary. We must find out how much traffic would be created by this development. The existing residential area must be considered; the industrial access road would be a hazard to health, safety and welfare of the residents of the modest homes along Peninsula Avenue and de- structive to the value of their property. One possi- bility might be to move the row of homes along Peninsula -9- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- _ Avenue to a location north of University Avenue, where they could be screened proper7y from the industrial area. Peninsula Avenue could then be widened enough to provide both proper access and screening. The Director recom- mended the 35 acres west of the freeway be studied further before a decision is made, but recommended denial of rezoning of the five acres east of the freeway which are located in a planned residential area. Mr. Burrel Leonard, 19160 Homestead Road, said that the land originally contained 55 acres and was considered by the County as the light industrial park area for the West Valley. He gave a resume of early plans for the development of this area, which did not materialize and finally led to the present Vallco Industrial Park, He said the present project is the golden opportunity for the City to build a new and stronger community. The colleges are very helpful in this kind of venture. He stressed that landscaping and atmosphere are very im- portant factors in a pro�ect of this sort. The Director of public Works said Southern Pacific has told him they won't part with any portion of their property, comm. Frolich commented that the proposed use would be about the only one that could pay the cost of " purchasing the lots on Peninsula Avenue to widen the road. The proposal for this area seems feasible, once the ingress and egress problem is solved. He suggested � a condition on the rezoning should require a Use Permit be obtained for each of the uses within the industrial park. He asked if planned Community zoning with Planned Industrial Park use could be employed here. Comm. Frolich did not feel the five acres across the freeway necessarily need to be excluded from this rezoning. Vice-Chairman Buthenuth asked about access to Mary Avenue. This matter has been covered extensively in Minutes of Planning Commission and city Council meetings in the past three years. Cupertino's stand has always been that the extension of Mary Avenue is a necessity. The Planning Director introduced a letter, dated 2/23/67 from Stoneson Development Corporation, protesting this application and reading as follows; "We wish to protest this application on thz basis that this typz of zoning would adversely affect our residential property on the west sid2 of Mary Avenue, which is przsently in thz design stage for immediatz construction. Your denial of this application is anticipatzd and will be greatly apprzciatzd." -10- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- Mrs. Ann Anger, of Monta Vista, asked Comm. Frolich if he prefers ML to MP zoning. She read from the Ordinance � the types of uses within ML. Comm. Frolich said he prefers MP to ML. The Planning Director stated that MP zoning does not require Use Permits, but Planned Development (P) zoning would. Comm. Frolich indicated that P zoning might be the best choice. Comm. Horgan asked the City Attorney of the kind of assurance that can legally be given this applicant. The City Attorney said informal polls can change overnight. The Planning Commission should make a formal decision and relay it to the Council. There is a 25-acre mini- mum for P zoning. Comm. Frolich said the applicant requests the zoning be changed to Light Industrial Park use, or zoning as such. Mr. Krausz definitely agreed with this suggestion. They have no intention of getting a"hunting license" for any of the other uses pointed out by Mrs. Anger. Moved by Comm. Frolich, seconded by Comm. Horgan, to close the first hearing. Motion carried, �-0 �-Z-67 I. JOHN RODRIGUES JR.: Rezoning from R3-2.7 to Light Industrial (ML�, approximately 32 acres, limited by Stevens Creek Blvd., Stevens Freeway, McClellan . Road, Southern Pacific Railroad. �'irst Hearing. Mr. John Rodrigu�s, Jr., 20�30 Town Center Lane, Cupertino, said they are proposing something different than Vallco Park and the previous application. There is a definite need in Cupertino for a light industrial park to accommodate the small service-type businesses. He cited for example, one long-time Cupertino service- type business that had to go to Sunnyvale because he couldn't find a suitable location in Cupertino. Mr. Rodrigues stated that the emphasis will be on a pleasing environment. They are amenable to controls by the City beyond normal and stress Architectural and Site control, and think such controls will be to the advan- tage of the development. He then went over the details of the Tentative Map. There will be a�4-lane ma�or city street running through the property. They are negotiating with the State to ad�just the boundaries of the corporation yard of the Division of Highways. -11- PC-� Minutes of the 2/27�67 planning Commission Meeting ----------------------------------------------------------------- The Planning Director said the Architectural and Site Control approval is required in all zones except R1. He referred to his memo of February 21, Zg67 which sug- gests inclusion of several conditions in addition to the standard 12; the applicant has indicated that he agrees with them. The proposed use corresponds to ML zoning, not MP. The first question is if this use is needed in the City of Cupertino; the second, if the proposed location is a good place for it. He would answer yes to both questions. The area in question is well separated from De Anza College by th�, �ai.de freeway right-of-way, from the residential area to�the west by the Southern Pa.cific Railroad right-of-way and by some existing industries. Stevens Creek Blvd, constitutes a wide buffer to the north, and there would be efficient screen- ing and no direct access along M�Clellan Road. The Planning Director commented on the extension of Bubb Road, which was a condition to the earlier rezoning to R-2�-H. This road will be an important connection from the freeway and the central part of Cupertino to a ma�or residential area. The proposed standard is good as a center left-turn lane would be provided, and all stopping or parking would be in the front yards rather than along the road. There would be landscaping and boulevard trees, ad�acent to the public right-of-way. Sidewalks would not be provided but can be put in later, if needed. The Planning Director noted the reaction to these plans from the following agencies: 1) Santa Clara County Planning Department says the pro- �ject needs additional study. The extension of Bubb Road could perhaps run along the west side of the Southern Pacific Railroad, in order to avoid an additional grade crossing. 2) Southern Pacific Railroad says they are violently against the grade crossing proposed, in which the Public Utilities Commission concurs. 3) There are other letters, mostly concerned with engineering details. The Director of public Works said his department will try to negotiate with Southern Pacific. Mrs. Anger voiced her protest against this rezoning, saying it is not the type of use that would be good for Monta Vista. She said she is making progress with the County in fighting the General Plan's recommendation of industrial zoning for the Monta Vista area. She called this application "exploiting the Community", next to a twenty million dollar college. She thinks it would be less outrageous to put a Light Industrial area next to the new City Hall. She said that 32 years ago, f or exactly the same reasons, she began fighting this "image" -12- PC-� Minutes of the 2�27/67 Planning Commission Meeting of Monta Vista, and has done a lot of research since then. She is convinced that ML zoning is very detrimen- - tal to a community. Her suggestions for development of this property are; a hospital, a park (like Fresno's), or high-rise apartments. Mr. Kuppel, 1035� Empire Avenue, Monta Vista, said Cupertino needs light industrial but it is not advisable so near the College. A Planned Industrial Park is more advisable. Mr. Rodrigues said he is willing to have the City put as many controls as it feels necessary on this pro�ect. He has never buil� anything he was ashamed of and does not plan to do so now. He added that we have to pay for De Anza's twenty million dollars' worth of improvements, and this development would help substantially. Moved by Comm. Frolich, seconded by Comm. Bryson, to close the first hearing. Motion carried, �-0 VIII UNFINISHED BUSINESS A. The "Applicant's Manual" issued by the City of Santa Clara, was presented by Comm. Horgan. B. Comm. Horgan would like to have Item 10 of his pro- posal listed as Item A under UNFINISHED BUSINESS on the agenda for the next regular meeting. C. The Planning Director stated that May or June, he wrote an Industrial-Commercial prdinance, which the Commission has not had a chance to review because the �ign Ordinance took precedent. He f eels it is urgent to prepare an Ordinance of our own, rather than rely on the out-dated County version presently in force. Comm. Frolich suggested having it appear on the agenda as a Public Hearing, and continue it to a study session. -13- PC-� Minutes of the 2/27/67 Planning Commission Meeting ----------------------------------------------------------------- IX NEW BUSINESS � There was none. X ADJOURNMENT Moved by Comm. Frolich, seconded by Comm. Bryson, to ad�ourn the meeting at 11;50 P.M. Motion carried, �+-0 APPROVED: G�'� - � John W. Buthznuth �' v' ce airman ATTEST: � �.� � A e Laur n, D rec or o P ann ng - -14-