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PC 03-13-67 � 10300 Torre Ave., Cupertino, Calif,, 9501� Phone 252-�505 --------------�--------------------------------------------------- PC-5 80,000.� 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 March 13, 1967 8:0o P.M. Held in the Council Chambers, City Hall, 10300 Torre Avenue, Cupertino, California I SALUTE TO THE FLAG II ROLL CALL Comm, present; Bryson, Buthenuth, Frolich, Horgan, Hirshon Comm. absent: None 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, L,ois Inwards III MINUTES OF PREVIOUS MEETING, FEBRUARY 27 1967 Page 8, fourth paragraph; Comm. Frolich would like the first sentence of that paragraph stricken from the record since he does not recall making tha.t statement. Page 10, third paragraph; C,omm. Frolich added the follow- ing to the end of the paragraph: "A copy of these Minutes should be sent to Stoneson and the staff should try to get their reaction to this application." Moved by comm. Buthenuth, seconded by comm. Frolich, to approve the Minutes of February 27 1g67 as corrected. Motion carried, 5-0 IV ANNOUNCEMENT OF POSTPONEMENTS, etc. A. The Planning Director said that it was previously suggested that the Hearing on Ordinance 220(i) be postponed and set for a study session. Copies of the draft of this prdinance could be sent out to interested parties prior to this study session. The date for the Hearing will be set at the close of this meeting. -1- PC-5 Minutes of the 3/13/67 planning Commission Meeting ----------------------------------------------------------------- B. The Director said there have been no new applications during the last two weeks. This will give the Com- mission a chance to tackle some other problems. � C. The City Council has returned the new Sign Ordinance with some suggested changes, which would not require renewed Public Hearings by the Planning Commission. Comm. Frolich requested some background information on the suggested changes. The Director will send out a memo to this effect. Comm. Frolich commented that some changes were made to the Sign prdinance at the planning Commission meeting of January 23rd which were not incorporated into the f inal version sent to the city Council; e.g., Vacant Lot Signs, under Section 6.1 a. V WRITTEN COMMUNICATIONS A. Regional Exchange (conservation newsletter), B. Letter from the city Manager in regard to the De Anza luncheon and tour reservations for March 23 Zg67 C. Santa Clara County planning Department's information and commentary on a revised list of industrial parks (one copy only; more copies may be acquired for interested Commissioners). D. "Hot Line" from the Builders' Association. 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 operations at � corner of Homestead Road and Saratoga-Sunnyvale Road. Second Hearing. Mr. Dwight L. Crocker stated that he has been in the service station business in Cupertino for four years and during that time he has seen a lot of dealers come and go. He said he could make a living by just the dispensing of gas and oil, but the trailer rentals have been of great help in these times of inflation. He sees no reason why he should direct customers to trailer rentals outside the City of cupertino. -2- PC Minutes of the 3/13/67 plan�ing Commission Meeting The Planning Director said �ha.t, on one hand, there is a definite need for this �ort of service in Cupertino but, on the other hand, t�h�s use is hard to control.' He suggested that perhaps �his could be considered in a future Thorofare Commercial (CT) Zone, Comm. Frolich said he has some sympathy for a use of� this sort in some areas of �he City, but in the absence of some zoning symbol or som� way of controlling it, problems can arise. If we do approve this use, it opens the door in a number of locations. He does not see how one application could be ap�raved and not another. Also, space set aside at't�e service stations for this use would effectively reduce the portion of the property available-for the service station itself. Comm. Bryson is all for letting the service stations try this out, but the types of trailers should be re- stricted to the non-sleeping'type. He said you can rent them at almost'any se�vice station in Sunnyvale and San Jose and he sees no reason for not being able to do so in Cupertino. Comm. Frolich said Cupertino s�r'vice station standards are different than those of our ne�ghboring cities. You do not see displays of beach balls, fertilizer, etc., at Cupertino service stations. He does not feel it is within the City's �pur�iew to ge� �nvolved in the economics ' or competitive aspects of service s'tations. Comm. Frolich asked how the question of the Use Permit got into the discussion. The City Attorney said the answer here seems to be a b�and new Use Permit which includes trailer rental. A Use �ermit does not create a property right, as Zoning•does. Mr. George Wilder, Manager of this service station, said the A-1 Rental Servi.ce is strictly a local rental service. The equipment cannot be taken out of town. He said we have a lot of transients here who require the use of trailers. He said he can make a living without the trailer service,'but the trailer service mal�es it much more worth while. Moved by Comm. Bryson, seconded by �Comm. Horgan, to close the Public Hearings. • Motion carried, 5_-0 � -3- � PC-5 Minutes of the 3/13/67 planning Commission Meeting ----------------------------------------------------------------- Moved by Comm. Bryson, seconded by Comm. Buthenuth, to approve application 1-U-67 for luggage and f reight type trailer rental (no campers or sleeping-type trailers). Comm. Buthenuth would like to add a condition as to a time limit. Comm. Bryson would also like to restrict the number of trailers on one lot. Motion amended by Comm. Buthenuth, seconded by Comm. Bryson, to Set a one-year time limit on the trailer rental service. AYES: Comm. $ryson, Buthenuth, Hirshon NAYS : Comm. Frol�.ch, Horgan Amendment carried, 3-2 Vote on the motion: AYES: Comm. Bryson, Buthenuth NAYS : Comm. Frolich, Horgan, Hirshon Mption failed, 2-3 The applicant was advised of his right of appeal to the City Council. �-U- B. ESTATES MOBIL SERVICE: Use permit to conduct trailer rentals as part of service station operations at SW corner of S�evens Creek Blvd, and Wolfe Road. First Hearing continued. Mr. J. P. William�, of Estates Mobil Service Station, said that people living behind his service station use the trailers constantly, and there is a definite need for this service. He again stated that the trailers are available, free-of-charge, to churches and civic groups. Comm. Frolich stated (in case the City Council would reverse the Commiss�.on's decision) that his reason for a"no" vote on the previous application's amendment to the motion is this; "If the City believes this is a proper l�usiness at Cupertino service stations, the time limit should not be imposed; this use either is or is not a proper business at Cupertino service stations, and should not be on a trial basis." Moved by Comm. Buthenuth, seconded by Comm. Bryson, to close the Public Hearings. Motion carried, 5-0 - �4 - � PC-5 Minutes of the 3/13/67 planning Commission Meeting ----------------------------------------------------------------- Moved by Comm. Horgan, seconded by Comm. Frolich, to deny application �-U-67. AYES: Comm. Frolich, Horgan, Hirshon NAYS: Comm. Bryson, Buthenuth Motion carried, 3-2 5-U-67 C. ROBERT V. WILLMES: Use Permit for operation of a Billiard Parlor at 19655 Stevens Creek Blvd. in Portal P1aza Shopping Center. First Hearing. Mr. Robert Willmes, 19655 Stevens Creek Blvd., said he would like to put in a Victorian-type atmosphere with Tiffany lamps, carpeting, etc., in this �000 sq. ft. building, which would cater to adults, The Assistant Planner said there are some people pro- testing this application on the strength that it is too close to De Anza College, but it is separated by a ma�or thorofare, and there already is a billiard parlor in Monta vista, so it is not believed that this is a valid argument. Mr. Willmes plans to employ a member of the Santa Clara County Sheriff's Off ice. There will be vending machines serving coke, coffee, hot chocolate, etc.; no alcoholic beverages. There will be a ruling that people must be sixteen years or older unless accompanied by a partici- pating parent. Mr. Ba.nder, 21800 San Fernando, Monta Vista, could see no reason why this application is not approved. He noted that adults have ver� little in the way of re- creation facilities in this area. Mrs. A. Gilmore, 10521 Madera Drive, Cupertino, said she has seen the plans for this billiard parlor and feels it will be good for Cupertino. She added that the restaurant is also very good. Moved by Comm. Horgan, seconded by Comm. Bryson, to close the Public Hearings. AYES : Comm. Bryson, Buthenuth, Frolich, Horgan NAYS: Chairman Hirshon Motion carried, �-1 -5- PC-5 Minutes of the 3/13/67 Planning Commission Meeting ----------------------------------------------------------------- Comm. Frolich asked the City Attorney if it would be proper to condition the Use Permit to prohibit liquor sales on the premises, The City Attorney said that it would be in order. The applicant added that his lease speci�fically states; "no liquor". Chairman Hirshon asked whether the Commission wished to impose a time limit here. Comm. Frolich did not think it would be appropriate, considering the investment in- volved here. Chairman Hirshon seriously questioned whether this is a proper use at this particular location. Comm. Buthenuth stated that the stigma attached to billiard parlors in the last generation no longer holds true. This has become a socially acceptable pastime in recent years. Mr. Willmes said it made him very nervous vuhen the Com- mission started talking about placing a time limit on this Use Permit because, while most businesses of this type cost around �20,000 to get set up, he plans to invest about �45,000. He won't sign a long-term lease with a time limitation placed on it. Moved by Comm. Frolich, seconded by Comm. Horgan, to approve application 5-U-67 with the condition that no alcoholic beverages are to be served or sold on the premises. AYES : Comm, Bryson, Buthenuth, Frolich, Horgan NAYS: Chairman Hirshon Motion carried, �-1 1-v-67 D. MANLY E. JOHNSON: Variance to permit 36 " fence on top of 16" retaining wall; 106�1 Glenview Avenue. First Hearing. Mr. Manly E. Johnson, 106�41 Glenview Avenue, Cupertino, submitted a letter and some pictures showing the situa- tion here. The Assistant Planner said this is a problem of a set- back on the corner. We have a 12' restriction on corners to preserve visibility. Some neighboring cities have a 25' triangle at the corners and allow 6' fences beyond that point. The fence in question is set back about �7' and is only �42' high so, in this case, it would not impair visibility. It will not restrict the neighbors' visibility because the two houses back up to one another. This fence is a safety measure to keep the trikes, wagons and children from rolling off the retaining wall. -6- � PC-5 Minutes of the 3/13/67 planning Commission Meeting ----------------------------------------------------------------- Comm. Frolich said he drove over to look at the situation earlier and feels the 3' wall would restrict the view severely onto East Estates Drive. He asked if this would be a chain link fence. Mr. Johnson said that it would. Chairman Hirshon asked for comments from the audience. There were none. Comm. Frolich suggested closing the First Hearing to enable the rest of the Commissioners to go there and see how far they can see to make a left turn onto Ea.st �states. Moved by Comm. Bryson, seconded by Comm. Horgan, to close the Public Hearings. AYES: Comm. Bryson, Horgan NAYS: Comm. Buthenuth, Frolich, Hirshon Motion failed, 2-3 Moved by Comm. Frolich, seconded by Comm. Bryson, to close the First Hearing. AYES: Comm. Buthenuth, Frolich, Hirshon NAYS: Comm. Bryson, Horgan Motion carried, 3-2 2-V-67 E. OAK KNOLL COMPANY: Variance to reduce required' rear yard setback from 20 feet to 15 feet; 10427 Vista Knol1 Road. First Hearing. Mr. Da.ve Franklin, of Franklin-Bahl Developers, stated that on this 13, 000 sq, ft. lot (No. 5�4 ) they will infringe by about 5' onto the easement. Because the lot is so large, he is hoping the Variance will be granted. This particular house ha.s been sold and he can't interest the buyers in another lot. They are - going to have a tile roof on the house. The lot is 125' x 105', and a P. G. 8c E. easement runs along one side. They can't build on the easement, but they can en�oy the privacy provided by it and plant on it. The Assistant Planner said we have an extremely large lot here which would call for a large home, but because of the easement, they are forced to crowd the house on to one side of the lot. He does not feel there will be any infringement on anyone's privacy. -7 - PC-5 Minutes of the 3/13/67 Planning Commission Meeting Chairman Hirshon asked for comments from the audience. There were none. Moved by Comm. Frolich, seconded by Comm. Horgan, to close the Public Hearings, Motion carried, 5-0 Moved by Comm. Frolich, seconded by Comm, Horgan, to approve application 2-V-67 on the grounds that the P.G. & E. easement has created a hardship. AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon NA YS : No ne Motion carried, 5-0 It was noted that this application will go to the City Council on March 20th. 2-Z-67 F. YEE ENTERPRISES: Rezoning from R3 to CG, approximately 1.3 acres SW corner of Miller Avenue and Stevens Creek Blvd. Second Hearing. Mr. Pat 0'Day stated that he was instrumental in the redesign of the displayed plot plan. The Planning Direc- tor added that this new plan is a result of discussions with the applicant. There would be an entrance from, but no exit onto Stevens Creek Blvd.; no ingress-egress re- strictions on Miller Avenue; and entrance only for pas- senger cars at Craft Drive. The applicant plans to put the building within 3' (leaving just enough room for a planter) of the property line; with a 3' high masonry wall extended from the building. This is strip commercial zoning; normally, we don't require a development plan but the Planning Commission can ask for one. The Director recommended conditions 13 and l� of his March lOth memo. Condition 15 is standard. Comm. Buthenuth asked if people normally observe entrance and exit signs. NIr. p'Da,y said they should obey them as they obey arterial stop signs, etc. Chairman Hirshon was concerned about the number of entrances but only one exit. Comm. Bryson was concerned about the homes directly behind the store. In answer to his question, Mr, p'Da,y said the building will be 25', including the parapet. -8- � PC-5 Minutes of the 3/13/67 Planning Commission Meeting ----------------------------------------------------------------- Chairman Hirshon asked about alternate uses for this property. The Planning Director said it is presently zoned for apartments, which would be less desirable in this location. He added that the pattern of strip com- mercial on Stevens Creek Blvd., east of Stelling Road is already set; perhaps we can do something better on the west side of Stelling Road. Comm. Horgan feels the school would be affected by this development and was surprised there has been no state- ment from them. The Director of public Works said that at one time, the County Flood Control District set restrictions on this property. He recommended these restrictions be met. ' Chairman Hirshon is not sold on this particular use for this property and is not satisfied with the ingress- egress layout. He wonders whether there is a need for a supermarket at this location, since there are two shopping centers with supermarkets in close proximity to this property. Comm. Frolich wonders about the 25' high, blank wall for the people across the street to look at. He sug- gested the Commission require a development plan and that the applicant be put on notice that problems noted in these minutes should be ironed out. He also felt that a 6' wall does a better �ob of screening the parking lot than a 3' wall. Comm. Bryson said the creek side seems like a better location for the back of the store. Mr. 0'Day said the back of the building can be archi- tecturally and tastefully designed. They have exceeded the required parking ratio. He feels 90 degree parking is the most feasible. Moved by Comm. Frolich, seconded by Comm. Bryson, to close the Public Hearings. Motion carried, 5-0 Moved by Comm. Frolich, seconded by Comm. Bryson, to approve application 2-Z-67 with the following conditions: 1-12 Standard conditions 13. Sub�ect to the Santa Clara County Flood Control requirements. . 1�. Sub�ect to an acceptable development plan being submitted to the Planning Commission prior to issuance of a building permit. 15. Masonry wall on the residential boundary of the building and southern boundary to be 6' masonry wall unless another height is specifically recom- mended by the Architectural and Site Control Com- mittee. -9- PC-5 Minutes of the 3/13/67 Planning Commission Meeting AYES: Comm. Bryson, Buthenuth, Frolich NAYS : Comm. Horgan, Hirshon Motion carried, 3-2 It was noted this item would come before the City Council on April 3rd. Chairman Hirshon called for a recess at 9:55 P.M. The meeting reconvened at 10:10 P.M. 3-z-67 G. SAICH BROS.: Rezoning from R3-2.7 to Planned Develop- ment (P) with Planned Industrial Pa.rk (NIP) use; 35 acres east of Southern Pacific railroad, north of University Avenue, west of Stevens Freeway; and 5 acres west of Mary Avenue, east of Stevens Freeway. Second Hearing. Mr. Amos Krausz, 2795 Summit Drive, Hillsborough, reported that he and his client have had a meeting with the Southern Pacific Railroad, who indicated they will consider giving them a 15' easement along Peninsula Avenue if the property north of University Avenue is zoned for industrial use and if the developer tries to get a buyer or lessee who will make use of the SP tracks and perhaps a spur line. SP will not give an inch if the property stays at the present zoning, and the access would remain insufficient. , With industrial use, the developer will have a good chance of getting some rail users, and will do their best to get at least one. Mr. Krausz asked for approval of the application, subject to the applicant's gaining proper access to the indus- trial park. He said SP has an 80' strip, but the tracks were put in on the street side of the easement, which leaves only 30' from the track to the street, Had the tracks been in the center, we could perhaps have gained a 20' easement. Mr. Krausz feels this 15' will give sufficient ingress and egress, as it will provide a 55' right-of-way for Peninsula Avenue. Mr, George Somps is the Civil Engineer here. An aerial photograph of the area, a rendering of the pro- posed industrial park, and a schematic for possible future traffic flow were placed on the bulletin board. Mr. Krausz said they intend to use only Peninsula Avenue for ingress , and egress, but Lowe Avenue and University Avenue may be used by fire engines in emergency situations. They will plant a line of trees as a buffer between the industrial park and the residential area. At present, they have an electronics plant that wants to get onto the property as soon as possible. -10- PC-5 Minutes of the 3/13/67 Planning Commission Meeting ----------------------------------------------------------------- The Planning Director said that he had not ob�ected to the previously proposed Light Industrial (ML) Zoning as such, and consequently, does not basically ob�ect to the now proposed Planned Development (P) Zoning with Planned Industrial Park (MP) use, which use is more restrictive. However, the access problem is unsolved, and is as serious with the area zoned P(MP) as zoned ML. On the other hand, P zoning requires a Development Plan and a Use Permit, and thus off ers an opportunity to solve the access problem between rezoning and grant- ing of Use Permit . He continued to say that the risk of deterioration of the residential area and depreciating property values is not caused by the land use itself. Whether ML or P(MP), it does not permit industries that create obnox- ious smoke or noise, and possibly untidy backyards would not be visible from the residential area or from the accesses to that area. What would be destructive would be the industrial traff ic (trucks and commuters) on the doorstep of residences. The problem can be solved. One possibility would be to take the lots along Peninsular Avenue, offer the owners equivalent lots north of University Avenue,and move the houses to that area. The cost would be small compared to the develop- ment cost for the industrial area. There are other alternatives. He concluded that these people, whether absentee owners or residents, whether rich or poor, whether residents of Cupertino or not, have the right to be protected from nearby rezoning tha.t depreciates their property values. This was the original purpose of introducing zoning laws. On the other hand, they should not be allowed to make a"killing" at the expense of the developer. They should not stand in the way of progress, but they should either be �justly compensated or be offered an equivalent location. Some of them may be people of modest means who would not realize their situation until a work crew starts to cut down the trees in front of their residences. The Planning Director feels the five acres on the other side of the freeway presents an entirely different situation. He recommended denial of the application or indefinite postponement until a unified develop- ment plan for all property between Mary Avenue and the freeway has been presented. He stated �hat this area cannot be properly developed piecemeal. -11- PC-5 Minutes of the 3/13/67 Planning Co�mission Meeting Comm. Frolich would like the City to contact Stoneson to see if they ob�ect to MP zoning as well as ML. He would also like to know to what degree the traffic would affect the residents on Peninsula Avenue. The Director of Public WorkS said t�at when the f reeway route was established, it nearly landlocked this property. The 15' from SP would allow four lanes on Peninsula Avenue. Since peak traffic would be going in mornings and out afternoons, he proposed the street be striped so three lanes would be going into the industrial park between, say 7 and 8;30 A.M., and three lanes going out in the late afternoons. He feels the impact on the residents in the neighborhood taould be minimized with proper signalization and stripes. Comm. Buthenuth asked about the De Anza Local Improvement District being extended here. The Director of Public Works said it presently extends west only to the planned Stevens Freeway. He also stated that the Planning Director's proposal for taking a row of homes along Peninsula Avenue and relocating them on University Avenue would be extremely expensive. There followed a discussion of traffic volumes created by the industrial area. The Planning Director stated that the amount of traffic would depend largely upon the types of industrial operations and the number of employees involved, but would normally be several times that created by an apartment district with the same area. Planning Consultant Robert v'an Der Toorren, 231 pld Adobe Road, Los Gatos, representing the Board of Governors of the Peninsula, Regional Arts Council, wished to register their protest to any industrial zoning near the De Anza College. His remarks can be found in Appendix A to these Minutes. Mrs. A. Gilmore, 10521 Madera Drive, cupertino, stated that she represented the people whose homes face the Saich property. Moved by Comm. Frolich, seconded by Comm. Buthenuth, to close the Second Hearing. AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon NAYS : None Motion carried, 5-0 -12- PC-5 Minutes of the 3/13/67 Planning Commission Meeting ---------------------------------------------------------------- Comm. Horgan agrees that the f ive acres across the freeway should be separated from this application. Comm. Frolich disagrees because this Planned Develop- ment Zoning is proposed, based on utilization of the entire property. If and when Mary Avenue goes through, this is a likely place for an industrial park. Chairman Hirshon feels this area is more suitable to light industrial, due to the locale, the railroad tracks, etc. There will be some traffic problems, but they are not unsurmountable. Moved by Comm. Bryson, seconded by Comm. Frolich, to approve application 3-Z-67, sub�ect to the following conditions; 1-12 Standard conditions 13. Adequate access must be provided, acceptable to the City in cooperation with the County. 1�. pff-tract traffic signalization and control to be provided by the developer. 15. Agreement of the developer to �oin a Local Improvement District when it reaches his property. AYES: Comm. Bryson, Buthenuth, Frolich, Hirshon NAYS : Comm. Horgan Motion carried, �+-1 It was noted this item will come bef ore the City Council � on April 3rd. MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm. Frolich, to combine the Hearin� for applications �-Z-67 and 1-TM-67 since they a pply to the same property. Motion carried, 5-0 �-Z-67 H. JOHN RODRIGUES, JR.: Rezoning from R3-2.7 to Light Industrial (MI,), approximately 32 acres, limited by Stevens Creek Blvd., Stevens Freeway, M�Clellan Road, Southern Pacif ic Railroad. Second Hearing. 1-TM-67 I. JOHN RODRIGUES, JR.: Tentative Map, approximately 32 acres, limited by Stevens Creek Blvd., Stevens Freeway, McClellan Road, Southern Pacif�c Railroad. Second Hearing. Mr. John Rodrigues, 20�430 Town Center Lane, Cupertino, said that he feels, with proper streets, proper signing, on-site parking, landscaping, etc., that there is a definite need for this type industrial zoning in Cupertino. -13- PC-5 Minutes of the 3/13/67 Planning Commission Meeting ----------------------------------------------------------------- The Tentative Map shows a. future connection with Bubb Road. Mr. Rodrigues read the 1g63 Planning Commission Resolution No 155 He said they have met with off icials of De Anza College and they have endorsed this program, sub�ect to no noise, smokestacks, etc, There will be a buffered area with no access to Stelling Road. Mr. Rodrigues has met with Southern Pacific Railroad and the Public Utilities Commission; the door is open for further discussions. He is currently negotiating with the State of california to exchange property with the State Corporation Yard. He and his partner are looking for the small testing laboratories, subcontractors to large electronics firms, etc., that will require large buildings and not a lot of employees. Chairman Hirshon asked the Director of public Works if the street would be adequate. The Director said it would. The Planning Director said there is a real need for a light industrial area of this type; there have been many inquiries. The traffic, in order to reach a freeway, does not have to go through a residential area. There is frontage to �tevens Creek Blvd., but no driveway and no access at all from M�Clellan Road. The Planning Director stated that Mr. Rodrigues has agreed with the Planning Department's suggested conditions. The Director of public Works said the only access within Cupertino to Stevens Freeway is at Stevens Creek Blvd. Comm. Frolich brought up again the proposal of a north- bound on-ramp and southbound off-ramp at McClellan. The Director of Public Works said this matter has been brought to the attention of the State Division of Highways. The Planning Director added that the Division's objection to the aforementioned ramps is that they would create too short weaving distances. He was convinced that the pro�ected diamond interchange will prove to have insuf- ficient capacity, and hoped that the Division of Highways would restudy the area. Upon request of Comm. Buthenuth, the City Attorney quoted the regulations for an ML zone. Comm. Frolich noted that many ML uses are bordering commercial uses. Planning Consultant Robert Van Der Toorren, 231 Old Adobe Road, Los Gatos, representing the Board of Governors of the Peninsula, Regional Arts Council, presented the results of his study of the area. These statements can be found in Appendix B of these minutes. -1�- PC-5 Minutes of the 3�13/67 Planning Commission Meeting ----------------------------------------------------------------- Mr. Tom Traeumer, 2228� De Anza circle, Cupertino, asked the Planning Commission to take a look at another . industrial park on Kristish Lane in Campbell, before making their decision. It is a subcontractor's paradise because he can find anything there that he needs. It is a veritable beehive of activity, with trucks coming and going all day long. But this is not the type of business Mr. Traeumer envisions for Cupertino. Mrs. Gerry Lacy, Realtor, 10235 Highway 9, Cupertino, is very much in favor of this pro�ect. She said her office receives many inquiries for this type location for their services. She posed the question• "Isn't the answer to consolidate them?" � Mrs. Shields, 22�37 St. Andrews, Cupertino, asked how they are even going to be able to get down to the Post Office from her area if this pro�ject is developed, because the truck traffic is already critical. Mr. Yobert, of Monta Vista, does not see how we can propose light industrial here until after the roads are in. Mrs. Ann Anger, Monta Vista, spoke out against this proposal. She envisions noth3.ng but warehouses with this proposal because if the businesses display their wares they can go into commercial property. She said we are the pioneers of �his area. She urged the people � to develop something we can be proud of. She suggested a hotel or motel for this property, similar to the Cabana in Palo Alto, because we need something to ac- commodate the performers at De Anza auditorium. She suggested getting in touch with Conrad Hilton. Comm. Frolich asked if representatives for De Anza College have made any comments on this. Mr. Rodrigues said they have completely endorsed this program, sub- �ect to no smoke stacks, noise, etc. He added that he is willing to put in the form of deed restrictions some of the obnoxious uses. Mr. Van Der Toorren ques- tioned reliance on deed restrictions rather than zoning. The City Attorney quoted portions of Ordinance �7A, the Subdivision Ordinance, which state that all copies of deed restrictions go to Planning Commission and the Planning Commission reserves the right to inspect these deed restrictions. Mr. Trubell, of Monta Vista, said the industrial zoning in Monta Vista has been increasing steadily since 19�+8 and no improvements have been made. Those improvements that have been made were done by the residents. -15- PC-5 Minutes of the 3�13/67 Planning Commission Meeting ------------------------------------------------------------------ Mr. Ralph Ramona, of Saratoga, said that many industries in Stanford Industrial Park have an area of about 10,000 sq, ft., and there is no room to expand. - In answer to a question from the audience, Mr. Rodrigues said that he does intend to use the displayed rendering as a part of his development plan. As to the small lots, Mr. Rodrigues said that although it is more expensive in the beginning, it is simpler to start out with small lots and if it becomes feasible, to combine some of them later to accommodate the interested company rather than split the larger lots later. Mrs. Hart, 22�33 St. Andrews, asked why we aren't filling up Vallco Park first. Chairman Hirs�on said industries are coming into Vallco, but it does not mean Vallco will serve all of cupertino's needs. Mr. Walter Ward, General Manager of Vallco Park, said Vallco does not cater to small users. They are designed to handle the 50-60 employee-per-acre type operations. The Planning Director said that an alignment of Bubb Road west of the railroad track would be very desirable but also difficult and expensive because it would go through already developed property. As long as we do not have such a road, we must rely on the now proposed alignment shown in the Tentative Map. Comm. Frolich asked Mr. Rodrigues at what rate he plans to develop this parcel. NIr. Rodrigues said that if ap- proved, he plans to start the second unit of this project within one year. Moved by Comm. Bryson, seconded by Comm. Horgan, to continue the Second Hearing of applications �-Z-67 and 1-TM-67 to the next regular meeting. AYES: Comm. Bryson, Buthenuth, Horgan, Hirshon NAYS: Comm. Frolich Motion carried, 4-1 81,004 J. ORDINANCE 220(i) regulating Light Industrial (MI,) zones. First Hearing. Moved by Comm. Buthenuth, seconded by Comm. Frolich, to postpone the First Hearing of prdinance 220(i) until the next regular meeting. Motion carried, 5-0 -16- PC-5 Minutes of the 3/13/67 Planning Commission Meeting -------------------------------------------------------------- VIII UNFINISHED BUSINESS _ A. Item 10 of Comm. Horgan's memorandum. Moved by Comm. Buthenuth, seconded by Comm. Horgan, to continue Item 10 to the next regular meeting. Motion carried, 5-0 IX NEW BUSINESS There was none. X ADJOURNMENT Moved by Comm. Buthenuth, seconded by Comm. Bryson, to ad�ourn the meeting at 12:35 A.M. Motion carried, 5-0 APP � s Jack Hirshon a rman ATTEST: �," _ -17- PC-5 Minutes of the 3�13�67 Planning Commissior� Meeting ----------------------------------------------------------------- A PPENDIX A � 3-z-67 G. SAICH BROS.: Rezoning from R3-2•7 to Planned Development ( P) with planned Industrial Park (MP) use; 35 acres east of Southern Pacific Railroad, north of University Avenue, west of Stevens Freeway; and 5 acres west of Mary Avenue, east of Stevens Freeway. Second Hearing. Planning Consultant Robert van der Toorren, 231 pld Adobe Road, I,os Ga.tos, representing the Board of Gover- nors of the Peninsula, Regional Arts council, wished to register their protest to any industrial zoning near the De Anza College. He asked the Planning Com- mission to determine whether this rezoning would be in the public interest prior to talking of exercising eminent domain proceedings along Peninsula Avenue. Mr, van der Toorren said he is extremely concerned with the amount of traffic that will converge on the int�r- section of Stevens Creek Blvd. and Peninsula Avenue - Bubb Road. He noted that if there is to be any type of warehousing or bulk storage here, it would mean a continuous stream of large trucks and truck-trailer outfits. Mr. van der Toorren advised that the five-acre parcel on the other side of the f reeway should be completely divorced from this application, as the zoning woul.d be in conflict with the principles of the General Plan. -18- PC-5 Minutes of the 3/13�67 planning Commission �eeting APPENDIX B �-z-67 H. JOHN RODRIGUES, JR.: Rezoning from R3-2.7 to Light Industrial (ML), approximately 32 acres, limited by Stevens Creek Blvd., Stevens Freeway, M�Clellan Road, Southern Pacific Railroad. Second Hearing. �� and �� 1-TM-67 I. JOHN RODRIGUES, JR.: Tentative Map, approximately 32 acres, limited by Stevens Creek Blvd., Stevens Freeway, Mcclellan Road, Southern pacific Railroad, Second Hearing. Planning Consultant Robert van der Toorren, 231 pld Adobe Road, I,os Gatos, representing the Board of Governors of the Peninsula, Regional Arts Council, stated as follows; 1. This application is probably one of the most important to be made in this area. It is the second attempt to implement the General Plan as to industrial urban renewal in Monta Vista, which was laid down in a very regrettable manner in Item 5 of the Proposals of the General plan. 2. This is an almost isolated piece of land with access only to Stevens creek Blvd. This is a disadvantage which could be turned into an advantage. 3. The development plan shows small lots. Small lots invite small industries, and small industries are too often synony- mous with low capitalization. As a further example of the difficulties of small lots; I.,arge trucks would have diffi- culty in negotiating turns with too little maneuvering space (a �+5' truck requires 96' minimum turn space, and docking space is 102'). Points 1 and 2 were quoted from the F'ebruary 23rd letter to the Cupertino Planning Director f rom Warren Mccord, Associate Planner, County of Santa clara; 1) The lot design and size needs further study. The odd shaped lots make building place- ment difficult, and the lack of variety in size and the small size raises questions of the quality of anticipated develop- ment. 2) Some investigation should be made on the possi- bility of extending Bubb Road along the west side of the railroad to Stevens creek Road. This would eliminate the railroad crossing and improve lot design considerably. �+. The seclusion of this property should not be tampered with. The solution to the extension of Bubb Road should be found outside the property. -19- PC-5 Minutes of the 3/13/67 Planning Commission Meeting ----------------------------------------------------------------- APPENDIX B (continued) . 5• The use permitted under the Light Industrial regulations of the antiquated County prdinance are enormously high traffic generators. The proposed development of �3 lots (32 acres) would generate at least 5000 trips per day, if the occupants were to be a financial success. 6. If we have to bring Bubb Road through, why not bring it further away from the Southern Pacific Railroad tracks? �9�/Eivvr� 3 /a ���7 Mr. van der Toorren feels a very detailed study should be made of signalization of the several intersections in Stevens Creek Blvd,, �p-+ lo � Q�+Yi /�/" KA'�'J Y' ��'/ /$ /}�� �.Y� � �¢ �uvfa 1�`7�,1� ��� �i/�i �n.p� ; tV.V/CX '`�iG.vT Sko�.O TiY9% /�.Po/�.Q S'i6ivqLi���io.� Fo.0 7iYE TsTin79li'p /.eA/"�ic iS in7F�oss��l _f� ,',,�, dA•�/dE2 %e.eviv TA'Fiv O�E'Qc=�/ Ti�i= foNowiN4 /�ess�.ra[E 72�N'IFOiA� S�C-�c:r� o..�t-: 1. The lot size should be increased. 2. Try to decrease traffic by less traffic-generating uses than ML. 3. Endeavor to locate Bubb Road west of the railroad; if this cannot be done, then deadend M�Clellan Road. �. Suggest the City council adopt an emergency ordinance tailored for this location and use, which would create a new Zoning Classif ication called; IPL (INDUSTRIAL PARK, LIMITED) Reference : Page �8 Application The application would be the same, but the intent would read something like the following: Intent The IPL District is intended to provide exclusively for non- nuisance uses compatible with close proximity to the De Anza Junior College and Residential Development. Architectural and Site Approval Refer to Article 51. Uses permitted 1. Showrooms for wholesalers. 2. Laboratories 3. Research �. Motion picture studios 5. Musical instrument manufacture, repair 6. Instrument manufacture 7. Electronic components 8. Upholstering 9. Printing, Publishing -20- PC-5 Minutes of the 3�13/67 Planning Commission Meeting ----------------------------------------------------------------- APPENDIX B (continued) Uses permitted �continued): 10. Optical industries 11. Testing laboratories 12. Automobile service stations 13. Repair shop - wholly enclosed 1�. Boat storage, repair and sales 15. Wholesaling - carpets, drapes, paint 16. Small woodworking operation 17. Glass and glazing 18. Contractors - with controlled yard activities 1 9• Toys and games 20. Plastics 21. Cold storage plant 22. Repair of business machines 23. Sporting and athletic goods - wholesale and such other uses as shall be deemed non-objectionable by the Planning Commission and in the interest of the people. Development standards Height: 35 feet maximum Lot area: 12 acre minimum Lot width; 150 feet minimum Lot coverage: not more than 30� ' Front yard: �0 feet minimum Side yard: 20 feet each side, or none on one side and 28 feet on the other Rear yard: 25 feet minimum Parking; to be established by the Planning Commis- sion in each case -21-