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PC 06-12-67 , ' 10300 Torre Ave., Cupertino, Calif 9501� Phone 252-�505 ----------------------------------------------------------------- PC-12 80,000.� C I T Y 0 F C U P E R T T N 0 Calif ornia MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION June 12, 1g67 8:00 PM Held in the Council Chamber, City Hall, 10300 Torre Ave., Cupertino I SALUTE TO THE FLAG II ROLL CALL � Comm, present: Bryson, Frolich, Hirshon, Horgan, Buthenuth Comm. absent: None Staff present: Director of Planning, Adde La.urin Director of Public Works, Fra�k Finney Assistant Planner, Jim Nuzum Recording Secretary, Lois Inwards III MINUTES OF PREVIOUS MEETING, May 22, 1967 Moved by Comm. Horgan, seconded by Comm. Frolich, to approve the Minutes of May 22, 1967 as recorded. Motion carried, 5-0 IV ANNOUNCEMENT OF POSTPONEMENTS, etc. 10 -u-67 A. STONESON DEVELOPMENT CORPORATION; USE PERMIT and �+-TM-67 TENTATIVE MAP to permit development of a Multiple � Unit Complex on 1�L.5 acres located north side of Stevens Creek Blvd., east of Mary Avenue, west of City of Cupertino park site. WITHDRAWN Moved by Comm. Hirshon, seconded by Comm. Horgan, to take applications 10-U-67 and �+-TM-67 off the agenda. Motion carried, 5-0 V WRITTEN COMMUNICATIONS A. The Planning Director said he has received a petition in regard to application 12-U-67 which will be introduced at the time of that public hearing. -1- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ------------------------------------------------------------------ 81,005 B. Communication from County Planning Department regard- ing their application for a rifle range on property owned by the Los Altos Garbage Company, northwest of Stevens Creek Blvd. The Planning Director has studied the area and could see no problems with this applica- tion. There are no residences in the immediate area, and there is an existing gun club in that area. MINUTE ORDER: Moved by Comm. Hirshon, seconded by Comm. Bryson, to instruct the Planning Director to convey to the County Planning Commission that the Cupertino Planning Commission has no ob�ections to the above- mentioned application. Motion carried, 5-0 VI VERBAL COMMUIVICATIONS 80,000.3 A. From the County Planning Department, regarding pro- posed ,�oint meeting. The County Planning Commission has accepted our invitation to meet at Cupertino City Hall on Tuesday, June 27, 1967, at 8:00 P.M. Most of the County Commissioners plan to attend. 80,002.61 B. From the County Planning Department, regarding the Planning Policy Committee. Sub-committees will be set up on various sub,jects such as: hill development, enforcement of zoning, conservation of the tidelands, etc. They would like to know who in Cupertino might be interested and available to serve on these sub- committees. (There were no takers.) 81,00� C. Because of the long agenda, the Planning Commission may prefer to continue the Light Industrial Ordinance review again. Since there is only one new applica- tion for the next agenda, the Planning Director hoped that most of next meeting would be devoted to this Ordinance. He also would like to advertise the Agricultural and Agricultural-Residential Ordinance for public hearing the next regular meeting in order to get it started. The Commissioners concurred. VII HEARINGS SCHEDULED: 11-U-67 A. STEVENS CREEK GARDEN CENTER, INC.: USE PERMIT to mix and sell concrete in small amounts. 19300 Stevens Creek Blvd. First Hearing. -2- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ------------------------------------------------------------------ Mr. John F. Cogden, 19300 Stevens Creek Blvd., Cupertino, was present to answer any questions of the Commission. The Planning Director said the Planning Department feels this is an industrial operation which is out of place on Stevens Creek Blvd., which is undergoing a face-lifting. The Assistant Planner noted the applicant never did comply with some of the conditions on the original Use Permit, such as moving the bins to the rear of the pro- perty. A letter from Vallco Park, urging denial of application 11 -U-67 , was introduced. The applicant stated the bins were moved 70' back from their original location. The cement trailers are stored in the rear, He said the yard is being systematically cleaned up. They still have garden supplies, etc., but the weather this year has not been conducive to the nursery business. To Comm. Hirshon's question, the applicant answered that the cement business comprises about 1�3 of the total business; ornamental rock is the biggest portion. The Director of Public Works said that, from time to time, we have had problems of spilled cement, sometimes whole loads of wet cement, which is left for the Street Department to clean up, which is very difficult and time-consuming. It was his recommendation that, if this application is approved, there be a requirement that th e trailers be covered. Moved by C�mm. Bryson, seconded by Comm. Hirshon, that �he-.�u�1ic �he�,r�ng's be closed. Motion carried, 5-0 i Moved by Comm. Bryson, seconded by Comm. Hirshon, that application 11-U-67 be denied. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 Chairman Buthenuth informed the applicant of his right to appeal. -3- PC-12 Minutes of the 6�12�67 Planning Commission Meeting 12-U-67 B. SANDRA LEE STANNARD: USE PERMIT to operate a boarding stable for one year, to include train- ing and instruction, with a limit of 15 horses. 22005 Regnart Road. First Hearing. Mrs. Sandra Lee Stannard, 109� Alderbrook Lane, San Jose, presented pictures and some typed material to the Planning Commissioners in regard to her application, In addition, she presented a petition in favor of her application, signed by housewives whom she felt were in a position to evaluate the increased traffic and inherent danger to the neighborhoods. In addition, she presented letters from Mrs, Genevieve Ziegler, housewife; Mr. Dale DeSelms, local high school principal; Mrs. Shirley Fine, and Mrs. Sue Pace, Cub Scout den mother, favoring this operation. She said they practice h�gh safety standards, have well-qualified instructors, have demonstrations for various youth groups. Beginners are in classes of one or two pupils. There usually are three or four pupils at one time, with a maximum of six or eight. Her original application was for thirty horses; she is now asking for a Use Permit to have fifteen horses. As to the increased traffic, Mrs. Stannard checked with Mr. Hanson, of the Police Department, who said there is no accident rate on the upper part of Regnart Road, Mrs. Stannard said she did a traffic count last Saturday and ther.e were 1�7 cars, eight of which were generated by her stables; this is about 5�, She estimated a maxi- mum increase of 2� cars, due to her �tablesm For comparison, she checked Mt Eden Road, which is longer and narrower. It also had no acci�.ent rate, and a traffic count in 1965 revealed 350 cars per day. Mr. Melvin Peterson suggested at the last Council meeting that speed limits should be posted, and she agreed She also sug- gested a white line d�wn the middle of the road, Her liability insurance overage include� that portion of the road in front of the Fritz residence. As to health hazards, Mrs. Stann�rd. said it is to her own advantage to keep the area clean and. sanitary. A letter from her horseshoer confirmed the good condition of her horses' f eet as evidence of this. She is also concerned about her neighbors' health and welfa.reo Drainage of the stalls is good, with a 6" base rock, 6" of sand, and 6" of redwood shavingse She is setting up a regular spraying program. The manure pile is presently removed weekly, and she plans to start doing this daily. A letter from the County Health Department was read by Mrs. Stannard. -�- PC-12 Minutes of the 6/12/67 Planning Commission Meeting There is a parking area off the road which will be serviced with oil. A sign of rules and regulations vsi.11 be posted. �ervicing of the parking area will take care of the dust problem. The arena is bedded down with shavings. In addition, Mrs. Stannard is considering the use of a chemical which keeps the dust down at baseball parks, etc. Mrs. Stannard feels they are controlling the fire hazard , by keeping the grass down. There are NO SMOKING rules. Fire extinguishers are placed in strategic places. She checked with the Fire Department, who told her water would be tanked in, in case of fire, Every effort will be made to minimize the litter problem. Horses are timid, so you can't be noisy or rowdy around them, for your own welfare. It is on very rare occasions when horses go down into the subdivision. Horses from other stables use her trails, but in order to do so, they come up through the subdivisions. The barn has been there a long time and has been painted and fixed up and fits in with the rural atmosphere. Mrs. Stannard said that if this area becomes developed as presently zoned, there could be a maximum of 34 horses. It is zoned for one-acre lots, and no doubt people interested in living up there would want to have horses. It is an equestrian area; horses are a part of the com- munity. �he instruction of the children is to teach them to be horsemen; which includes courtesy, respansibility, consideration. They learn about people and about life. This is a good environment for children. Chairman Buthenuth asked for more details about the pr.o- posed demonstrations for the public. Mrs. Stannard said she is available for youth groups, or any other groups, who are interested, This is done on a small scale, how- ever. Comm. Hirshon asked if the trailer is there illegally. The Assistant Planner said it complies with the Ordinance, as long as no one lives in it. In answer to the question about the grading, the Director of Public Works said it consists of the widening of the existing roadway. The City has very little control over it because it is a private roadway. The portion of Regnart Road which is paved is the only portion that is dedicated. There should be some additional speed control signs. It may be a little hard to pass up in the nar- rower portion of the road. The applicant said the chuck holes will be fixed this week, weather permitting. She said the only cars going up there will be those of the people living up there; people coming up there in connec- tion with her horses will park at the barn area. -5- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ------------------------------------------------------------------ Speaking for the City Attorney, who was out of town, the Planning Director said this is a new application and , should be treated as such. The decision is the Planning Commission's, unless appealed. A petition signed by citizens and interested persons in favor of this Use Permit was submitted. The staff had recommended the previous application with conditions and now recommends this present application, also with conditions. The Assistant Planner noted the concerns of the Planning Department are that this operation be during daylight hours only and that adequate off-street parking .be .provi,.d,�d, He noted that the only ingress-egress is through Baywood Terrace, Any activities in that area would increase traffic through Baywood Terrace. Mr, Ellis Jacobs, 22051 Regnart Road, said he has lived up there six or seven years, and has �ust completed a substantial remodeling of his home. This is a change from Agricultural to Commercial Zoning. He is not against motherhood, scouting, teaching, etc., but this is not the place for a commercial venture. They have no quarrel with Regnart's farming. Attorney William R. Christie, 1500 Los Padres Blvd., Santa Clara, said he was there to defend the tranquility of the residents in the canyon. These people do not want a commercial use in what is a high-class residential area. The problem is the stable is 100' from his client's bedroom windows; it might not have been so objectionable if it had been located elsewhere on the property. The fly problem is yet to come in the hot weather. Mr. Christie said this operation has been going on for four months now, and his client does not like what has been going on, due to increased dust, f lies, traffic and liability. It disturbs him that this Use Permit may be issued on a trial basis, to see if difficulties exist. As to the history of the area, that nothing has been changed, his client said there have never been that man y horses in the area before. And they are opposed to the additional traffic created by Cub Scout groups, etc. Ma,jor Perkins, 11717 Regnart Road, presented colored slides illustrating the road hazards of "Apathy Canyon". He noted the fact that additional horses are kept on nearby property in the County and brought over to the Regnart property as needed. He also pointed out the proximity of Mr, Fritz' living room, bedroom and kitchen windows to the stable area, He discussed grading, manure piles, road conditions, views down his road to the Flying S stables, the stored trailer, which he has to look down at from his front room window. -6- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ----------------------------------------�------------------------- Ma�or Perkins reviewed the City Council Minutes concern- ing this Use Permit. He charged that 31 horses are actually being operated out of the Flying S. His com- plaint is invasion of privacy and traffic. The activities center in the barn area. He challended the petition from the residents in the Baywood Terrace subdivision and one signed by people living in Cupertino and doing business in Cupertino, noting that Counc. Johnson had � done so also. He said the water system is not available to any commercial use in the a.rea. He recommended ' denial of this application. i Mr. Ivan Zarevich, 11735 Regnart Road, said he lives at the end of the road. He and Mr. Regnart have been the only ones who have fixed the road. Mr. Cecil Mahon, 220�5 Regnart Road, said he has lived up there for 25 years and objects to this Use Permit because of the traffic hazards He wanted to know what width road he would have to put in there if he subdivides. The Planning Director said that in a residential zone, there must be a 60' right-of-way, which includes 20' to �0' of roadway. Mr. James Horn, 22030 Regnart Road, said he lives 300' from this area in question and has no ob�ections to it. He said rifles cause more danger than horseso Mr. Louis Walgren felt this Use Permit should be allowed for one year. Mr. Noor Billawalla, 9�8 Fort Baker Road, San Jose, ' said dust, refuse, flies, etc., can be controlled. A Use Permit could be subject to these conditions. A PRIVATE ROAD sign just beyond the stables will prevent j cars going any further. The condition of the road I surface could also be worked out Accidents on horses � could occur anywhere, the same as with cars. As far as traffic is concerned, Pierce Road in Saratoga is only 17'-22' wide in some spots and carries much more traffic than this. Mrs. Pat de Young, 21525 Monrovia, said the horse her daughter fell off of was not from this stable. She would like her children to learn how to ride properly, to minimize the possibility of it happening again. Mrs. Stannard said the application is for a Use Permit, not zoninge She has l� board horses; the rest are owned by Mr Zarevich, Mr. Regnart, and herself as her own, private horses. Flying S has nothing to do with the cars coming up late at night to park. -7- PC-12 Minutes of the 6/12�67 Planning Commission Meeting ------------------------------------------�----------------------- Comm. Horgan asked how many board horses Mrs. Stannard actually had. She said there are about 1� board horses. When specifically asked, she stated that instructi on is given on her personal horses, but that they are kept on an area in the County. Mr. James Horn said the horses cross his property when leaving the area in the County to go to the Flying S for instruction purposes, and he has no objection to this practice. Mrs. Carol Fritz said Mrs. Stannard has been in busi ness for a year now, and it has caused difficulties. There were 30-35 cars there last Sunday. This is depreciating the Fritz property. - Moved by Comm. Bryson, seconded by Comm. Hirshon, to close the public hearings. Motion carried, 5-0 Comm. Horgan was concerned that this involves more than 15 horses. He is not entirely convinced that an operation of this type should be up in that area, under the present conditions. He might be more receptive to it if there were a change in the parking �ituation, etc. Comm. Bryson could not see where this was a commercial use, Comm. Hirshon said we are talking about 15 horses in an Agri- cultural area. Until the width of the road, maintenance of the road, fire control, etc., are solved, he is not prepared to go along with the application. Chairman Buthenuth would like to see another ingress-egress. Comm. Frolich said there is quite a bit of confusion of how many horses actually are involved here. The fact that half the horses are not boarded here, but are used for instruction, is not entirely irrelevant. Moved by Comm. Hirshon, seconded by Comm. Horgan, to deny application 12-u-67 AYES: Comm. Frolich, Hirshon, Horgan NAYS: Comm. Bryson, Buthenuth Motion carried, 3-2 The applicant was informed of her right of appeal. -8- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ----------------------------------------------------------------- 13-u-67 C. WILLIAM CHANCE and HAROLD TAMKA: USE PERMIT to construct a building and facilities for the operation of an automatic (coin-operated) car wash, located east side of Saratoga-Sunnyvale Rd., 300' north of Bollinger Road. First Hearing. Mr, William Chance, 557 Willow Road, asked for questions from the Planning Commission after they had checked the site plan. Comm. Frolich discussed at length the merits of cluster- ing of service stations, as noted in the Assistant Planner's memo of June 6, 1967, He was not convinced there should be service stations in two quadrants of the City and not in the other two, With the amount of money being spent on Stevens Creek Blvd., he questioned whether the proposed use here would be proper ad,jacent to a service station. The Planning Director said, from a planning point of view, if you try to cluster service stations and similar businesses, other areas would be kept free for more high-class commercial uses. Mr.. Chance said they have turned down bids for franchised chicken and hot dog businesses for this location. He said the proposed use is a clean, quiet one which they can pretty well control as to operation, maintenance, upkeep, etc. They are willing to work with Architectural and Site Control to get something quite nice in here. A restaurant was previously ap- proved for this property. Comm. Hirshon asked about parking for the other cars that are waiting to use the stalls. Mr. Chance said they have a back-up for one car for each of the six stalls, plus 25' in back of that. They have a ten-year committment. All street improvements are in and ac- cepted by the City. They have been in the process of developing this property fo�r a, year and a half. The Assistant Planner said any revision of the building, etc., would be left to the Architectural and Site Control, when the discussion evolved around the widthc�' the building. He said he would like to see a little more maneuverability, which would involve shifting the building slightly. Moved by Comm. Frolich, seco nded by Comm. Horgan, to close the public hearings. Motion carried, 5-0 Moved by Comm. Frolich, seconded by Comm. Horgan, to grant approval of application 13 -u-67 . AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 -9- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ------------------------------------------------------------------ 10-Z-67 D. MACKAY & SOMPS: REZONING from Agricultural-Resi- 7-TM-67 dential, Single-family, 1-acre lots (A1-�3) to Residential, Single-family, 7500 sq. ft. lots (R1-7.5), and TENTATIVE MAP. Approx. 11 acres; located east side of Bubb Road at Hyannisport Drive. First Hearing. Mr. Bob Reese, 933 Arlington Court, Cupertino, explained this proposed zoning would be compatible with the area. There are no apparent problems that can't be worked out. The Planning Director said this is a standard tract and seems to present no problems. There is a drainage problem, which the applicant is aware of, and which can . be taken care of through the 12 standard conditions. Moved by Comm. Bryson, seconded by Comm. Horgan, to close the Public Hearings. Motion carried, 5-0 Moved by Comm, Frolich, seconded by Comm. Horgan, that application 10-Z-67 be approved, sub�ect to the 12 standard conditions, AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 Moved by Comm. Frolich, seconded by Comm. Horgan, that application 7-TM-67 be approved. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 Chairman Buthenuth said this application will come before the City Council on Monday, July 3rd. The Director of Public Works noted the cul-de-sac is sub-standard; hence, the rule "or wider" shoi�Td govern here. He cautioned that the applicant may need a Variance on one lot. The applicant did not anticipate any problem because they have several types of houses. -10- PC-12 Minutes of the 6/12�67 Planr�ing Commission Meeting ------------------�----------------------------------------------- � 11 -z-67 E. HERMAN AND ArTITA LANSFORD: REZONING from Residential, 14-u-67 Single-family, 10,000 sq, ft. lots (R1-10) to General Commercial (CG) and USE PERMIT to allow con- version of existing residence into a beauty shop, located at 10060 N. Stelling Road. First Hearing. Mrs. Herman La.nsford, 117 Ad1er, Apartment 1, Campbell, said this is located on Stelling between the church and the service station. She said they are paying Commercial taxes on it now. The Director of Public Works said the required dedication would have had to be made at this time if it hadn't been part of the Local Improvement District. Mrs. La.nsford said that when they bought it, they assumed it would be a 10' dedication instead of 25'. They will remove the garage at the rear of the lot to provide adequate parking. If necessary, she said they will also remove part of the building in order to conform with the Code. The Director suggested moving the building back and having the parking in the front as another possibility. Mrs. Lansford said this would spoil her landscaping plan. She was confi- dent that the parking ratio can be worked out, The Planning Director said this lot is a small island within a Commercial Zone, and recommended rezoning whether the Use Permit be granted, denied or continued. Comm. Frolich believed this rezoning made sense; however, he was somewhat reticent about converting the existing house to a commercial use, and about the parking problem. He would like a report from the Building Inspector as to converting of this particular house. Chairman Buthenuth did not ob,ject to the conversion of the house but was concerned about the dangerous condition caused by people backing out onto Stelling Road. The applicant said they are willing to reduce the size of the house to enable driving alro und the building. Moved by Comm. Frolich, seconded by Comm. Hirshon, to c�ose the Public Hearings on application ZZ-z-67 Moti.on carried, 5-0 Moved by Comm. Frolich, seconded by Comm. Bryson, to recommend to the City Council approval of application -- 11-z-67 subject to the 12 standard conditions. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 -11- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ------------------------------------------------------------------ Moved by Comm. Frolich, seconded by Comm. Horgan, that the f irst hearing on application l�-U-67 be continued; the Building Inspector to be asked to either be present to discuss it at the next meeting or to forward his re- commendation as to the conversion of the existing house; the applicant to be put on notice that the parking problem must be resolved before the Use Permit can be granted. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 81,00� F. ORDINANCE 220(i) regulating Light Industrial (ML) Zones. First Hearing. Moved by Comm. Hirshon, seconded by Comm. Horgan, to continue review of Ordinance 220(i) until the next regular meeting. Motion carried, 5-0 VIII UNFINISHED BUSINESS -- There was none. IX NEW BUSINESS - 81,00�.12 A. CITY COUNCIL: Referral of certain paragraphs of the Sign Ordinance. The Planning Director explained the new section for Reader Boards, suggested by the Mayor. Moved by Comm. Frolich, seconded by Comm. Horgan, to recommend for approval to the City Council, those sections enumerated in the Planning Director's memo of June 5, Zg67 to the City Council. Motion carried, 5-0 Comm. Frolich asked that the staff send a copy of the Sign Ordinance to the Mayfair Market on Stevens Creek Blvd. The Assistant Planner said there is a provision in our present Sign Ordinance for special, promotional- type things, with the approval of the Building Inspector. MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm. Frolich, to accept the Planning Director's memo of June 12, 1g67 to the City Council. Motion carried, 5-0 -12- PC-12 Minutes of the 6/12/67 Planning Commission Meeting ------------------------------------------------------------------ B. VACATIONS 1. Comm. Bryson will be gone September 1-18. 2. Chairman Buthenuth will not be present at the last meeting in August. 3. Comm. Horgan will miss the last meeting in August. X ADJOURNMENT It was unanimously agreed to adjourn the meeting at 11:30 P.M. A PPROVED: , � Lsl John Buthenuth Chairman ATTEST: � C ��'`�- '�G�1�(�'`L� ,� � Adde Laurin, Director o lanning -13-