PC 02-26-68 CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, California 95014
Phone 252-�505
PC-� 80,000.3
MINUTES OF THE REGULAR MEETING OF THE PLANNING CONIMISSION,
HELD FEBRUARY 26+h, 1968 AT 8 P,M� IN THE COUNCIL CHAMBERS,
CITY HALL, CUPERTINO, CALIFORNIA
I The meeting was called to order by Vice-Chairman Bryson, who call to order -
subsequently led the assemblage in the flag salute. flag salute
II Commissioners present: Hirshon, Horgan, Frolich, Bryson.
Absent: Commissioner Buthenuth. Also present: Director
of Planning Laurin; Assistant Planner Nuzum; Director of roll call
Public Works Finney; City Engineer Boyd; City Attorney
Anderson, Recording Sec�etary Matzleya
III Upon the motion of Commissioner Horgan and se�ond of
Commissioner Frolich, whieh motion was passed unanimously, minutes
the minutes of the January 22, 1968 meeting were approved, approved
with Commissioner Bryson abstaining.
IV There were no Announcements of Postponements, neither commun-
V any Written nor any Verbal Communi�ationsa ications
VI
VII Public Hearin�s
1�-TM-67 A� ROBERT He ZINIMER; Tentative Map, approxi- 14-TM-67
mately ��3 acres located at the south end
of Regnart Road. Second hearing continued.
Mr. Zimmer appeared before the Commiss�on to relate that the master
plan for the extension of Regnart Road was progressing and that
he was still interested in a split of his property and that, if at presentation
all feasible, he would like to gain the Commission's approval at
this meeting, as this matter had been pending �or some time now
and he was most anxious to dispose of the property.
The Director of Planning reiterated his previous statement, that
it might be necessary to relocate the upper part of Regna�t Road
in order to conform with reasonable standards for a City street, staff
An approval of the Tentative Map at this stage might make it opinion
difficult and unduly expensive to extend the road through this
property, and thus might block development higher up�
The Director of Public Works was of th� opinion that ��rangements
for a Local Improvement District could be completed within a
60-day period, and that a topographical map and a�easibility
study for Regnart Road would be the first items to be attended
to. The Tentative Map could then be reviewed again�
Page 2 Minutes of the Planning Commission Meeting 2/26/68
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staff Commissioner Horgan felt that it was a little unfair to make the
opinion applicant wait any longer and that he would like to find out what
could be done for the applicant and asked Attorney Anderson for
his legal opinion.
Mr. Anderson stated that this matter was entirely in the hands of
the staff, and that the Commission, as such, had neither any power
legal nor any jurisdiction as long as the staff diligently pursued the
opinion application of City Ordinances. He cautioned that the Ordinances
of the City would bind this applicant as much and as entirely as
anyone else in the City.
After further discussion, Commissioner Horgan moved, Commissioner
matter Frolich seconded and it was passed unanimously that the hearing
postponea be continued until the May 13, 1968 meeting. The motion passed
�-0
1-v-68 1-V-68 B. C.K. and SHIRLEY SNYDER; Variance for
side yard setback from 9 feet to 6 feet
for 2-story residence at 10433 Glenview
Avenue, Cupertino, to permit construction
of second story. First hearing.
Mr. C. K. Snyder appeared before the Commissioners to explain his
reason for the request, the location of the property, the reasons
for wanting the addition above the existing bedroom rather than
above the garage, and he presented a letter, signed by eleven of
his immediate neighbors wrich letter stated that they would have
no objection to the addition as planned,
presenta- In his presentation, Mr, Snyder stated that the property was located
tion south of and running parallel to Blaney Avenue, that the home now
had three bedrooms and two baths, that there is a large lot on the
southside of his property which has no building within �0 feet of
his property. He also gave his reasons for the addition to his
home, i.e. the increase in size of his family, that the proposed
plan would be the least expensive one for the family budget, that
he would need to move to a larger home and that this would not be
in the best interest to his family as he was locally employed, and
his children attend local schools.
The staff reiterated a previously submitted memorandum on the re-
quest with an outline of the proposed addition, indicating that
staff this house has a six foot side yard on the south side and a nine
opinion foot side yard on the north and that since the applicant wants to
include plumbing facilities to the second story, he proposed to
construct the addition on the south side. The staff also pointed
out that no actual hardship exists and cautioned that an approval
of this variance would be precedent setting and endangering
future enforcement of the zoning ordinances. Thus, the staff
recommended that the request be denied.
Minutes of the Planning Commission Meeting 2/26j68 Page 3
--------------------------�-----------------------------------------------------------
Commissione� F�olich stated that it w�s his opinion that the
appli�ant should be allowed a varian�e as the Ci�y h�s certain
responsibilities to the owners of these homes, as they had created diseussion
undersized lots when the homes were originally ccnstructed, Also
that, since the adjoining lot has not been subdivided, and his
immediate neighbors saw nothing �xniss in the addition, and the
applicant had indicated his intent�on of building on the north
side if his va�iance request for +he s�u*_h side would be denied,
that the least da,mage would be d�ne in granting the request�
Commissioner Horgan moved, Commissioner Froli�h seconded and p.h. closed
it was passed una.nimously tha.t the Public Hearing be �losed�
Commissioner Horgan moved that Applic�tion 1-V-68 be denied�
Commissioner Bryson seconded,
AYESe Commissloners Horgan �nd BrysDn 1-V-68
NAYS: Commis�zone�s Frol.i�h and Hirshon tie vote
ABSENT: Commissioner Buthenuth
As the above vote constituted d tie, Chairman Bryson advised to be
the applicant- th�t Commissioner Buthenuth wculd be the one to submitted
dissolve the t�e, af`tex re�ding the officia� minutes of this to absent
meeting, a.nd that a de�ision would be give� �n th�t bdsis at commissioner
the next regula� meeting�
1-u-68 G� MILDRED TYLER-DALE REYNOLDS, an.d 1-u-68
POWELL & LEE; Use Permit to allow eonversion
of a residence to a real estate office,
lo�ated at �C940 Ste�ens C�eek Bou.levard�
First hearing�
M��. Bil1 Powell. �ppeared before the Commission and read a
letter, outlining his compa.ny's background and *heir intended
use of the fa�i�ities, when and if g:rant,ed.
The staff had prev��us�y submi+,+ed � memora.ndum tu the members
o� the Commission, outlining their cpinion by which the grant- staff
�ng of the Use Pe�mit w.�uld ensure a definite ad�ra:r.tage to the opinion
City, as it wou.ld remodel a�ather unatt�active, existing build-
ing inta a worthwhile �on.titr�a�tion.
There was some dls�us�icn on the �va�lability of parking a�eas,
and statements by the applica.nt th�t, if granfi ed, this plan discussion
would �anform with �11 Ordinances�
Commissioner Ho�g�n moved, Gommis�ioner Froli�h se�onded, and p.h. closed
it was passed unanimously that the Public Hearing be closede
Page � Minutes of the Planning Commission Meeting 2/26/68
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1-u-68 Commissioner Horgan moved that application 1-U-68 be approved, as
approved recommended by Assistant Planner Nuzum, with the exhibits as had
with added been presented, subject to the twelve standard conditions; with
conditions Condition 13: that this matter be referred to "H" Control;
Condition l�: with the specific statement that the pole sign on
the architectural rendering is not in�luded in the approval, and
Condition 15: that sidewalk improvements will be made.
Commissione� Frolich seconded�
AYES: Commissioners Frolich, Hirshon, Horgan, Bryson
NAYS: None
ABSENT: Commissioner Buthenuth
VIII Unfinished Business
28-U-67 28-u-67 A. DONALD N. PRITZKER and JOSEPH SILENO
Use Permit for apartment project (100 units) in a
Planned Development (P) Zone, west side of Blaney
Avenue, approx� 350 feet south of Stevens Creek
Boulevard. Revision of Development plan.
Mr. Goodwin Steinberg, representing the applicant, addressed
architect's the Commissioners and said that after 28-U-67 had been approved,
presenta- the parties involved had taken a close look at the proposed
tion building's plans and had decided that it needed some more study.
By use of the original, approved, map Mr� Steinberg also submitted
the altered proposed plan for comparison.
It was the Planning Director's opinion that this revised plan
would be a definite improvement and that the staff would recommend
staff approval of the application, However, the revised plan indicated
opinion a"reservation for future st�eet", while the conditions to the
approval of 28-U-67 requires dedica+ion and �onstruction to City
standards of these streets, Minutes or Resolution should include
a reminder of this�
Commissioner Hirshon moved, Commissioner Ho�gan seconded and it
p.h. closed was passed unanimously that the publi� hearing be closed.
28-U-67 Commissioner Hirshon moved tha� the revision of application
approved 28 be approved, with the provision that the development
with plan will reflect the original thirteen conditions attached
conditions to the Use Permit as previously approved. Commissioner Horgan
seconded.
additional Commissioner Frolich suggested the additional condition:
condition Improvement and dedication o� street area to the east and west.
for Commissioner Hirshon moved that this condition be incorporated
28-u-67 in his original motion, Commissioner Horgan seconded.
Minutes o� the Pl�nning Commission Meeting 2i26/68 Page 5
------------------�______-�__---�-_-__�_____--_--�-----------------------------------
AYESo Commzss�oner� Frvlicr, H�rsh�n, Horgan, Br�scn
NAYS; None
ABSENT: C�mmiss�;:ner B�ath?nu*h
Chairman Brysor� ca1��d a rece�s at 9;0� p�m� reeess
The meeting reccn�rer�ed at 9,2j p�m-
IX I�ew B�a.siness
The Planni�.g Dir���:* ��r ir�di�at�ci tha� more members of agenda
the p�ablic migh* be in�erested in the xe�.�l�ion c_;f the change
General Pl�,n than i�. th� T�,ight Indus'�ria:1 Ordinanc°,
and suggested a cha:�ge of +,he cr�er ^1 th� Agend�.�
The C�mmission una.nlmousl� so decided.
A� 8�,003° C�?anty �:nd Gity Planning Depart;nents, 81,003
revi�i;,n ct CupErt�n�� Genera.� P1an f'c the area
betwe2n Juni�erc Ser•r.� Freewdy, Ste�Ter�s Freeway,
M�:G1ell�,n '�;,ad a�d_ StF��r�ns Creek� D;_s��aGsior�
of Nreced��re:- etc.
Planning Jire�: ;� _��.�Nin exp�ained the re�,�on f�s reason for
placing this i+ �n. - .;_r:iF� �Tew Business ra.r:h�r +han a place on
Public Hearing. `�'he m�mbn��� cf th� publi� in gEneral agenda
usually are undw�r�� ;.�i �_e�a'_ nrtices �,rd pojtings and
sometime� jtate at � sub:�F.�u�rt Counci�� h�a.ring that
they ha:�re n ot: h_a.d =,�. ,p�c r*. ��.n�t.y t� b� hear d, The
matter might. �hen b� ;:T =� �:�d ba^k t;� thz Pl�,nnirtg
Commi�sion, c�usi.::g d�'_�y .z�id a��i,i:;na� work� As
it is parti:°�al�,rly ir.ip�r` �,n+ tha± rYa� pablie parti-
cipate in �, xe�risi�n :�i � G�nera�_ FLan, *_hi� item
is presented bxiefly a� 1Vew Bu.siness �r�limir�ar�r
t�o �the Publi^_� Hear�ing, in �he h�pe t;ha.+ �#:here w:;-.�1d
be s��m� newspa��er �.:;�t;er�ge �efor�e ±b.� latte:r �
Copies cf � mem���.r�d��m t rcm the County' � and th�: memos
City's Planraing De�:��*ments, �cintly prepa��d by distributed
Mr� Roy Camercn., the Dir�ct�r �f *he County
Planning Depa.�tment.,a,nd M�- Laur�n the Cii,y
Planning Direct�r� had been ma.iied te the
Commissioners f�r *Y�elr inf°or�ma.ticn �,nd perusa.l,
and a.dditional � w�re �,v�,�lable f���� �th�
public- The Coun±y Fla.nn�n_g Direct^r will be
pr�esent a.± *hC public h=ar�ng
Mr� Lau.r�n ��zggESted th�,+ this md*_ter be put matter
on the a.genda �s �. Pub�ic Hearing at the continued
meet ing �f th° Flar�rAir��g Gommiv e i�n t.w.:; weeki
hence, �,nd the Commii�i<;n u_naz�imou.�ly sc dec�ided�
Page 6 Minutes of the Planning Commission Meeting 2/26/68
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Unfinished Business
81,00�.122 B, 81,00�.122: Ordinance 220(j), regulating light industrial
(ML) zones.
The Planning Director stated that he had made nationwide inquiries
about performance standards as instructed� He had received voluminous
materia.l, but much of it did not Gonfirm precise standards. No city in
Santa C1ara County has incorporated precise performance standards
staff (except a decibel standard in Cupertino's MP Ordinance), but he had
report found out th�t the City o� San Jose had drafted such an ordinance for
Industrial Parks, but shelved it. However, some cities had precise
standards, including Warw�ck, R,I., San Mateo and Fremont� He
cautioned that precise performance standards present problems in
regard to acquiring of instruments and to enforcement and informa-
tion service, which problems have to be solved.
Mr. Laurin also said that the Commission might have several courses
of action open: l) to engage. a consultant expert in this matter;
2) study sess�ons to compile an Ordinan�e out of the accumulated
data; 3) tha.t a ialrly complete ordinance, such as the ones from
San Mateo and/or Fremont, be adopted more or less verbatim; �) that
the draft of San Jose's ordinance be adopted, �onsidering th�
possibility of a contractual arrangement fo� enf°orcement, although
it is less extens�ve than the ones from San Mateo and Fremont.
The Commissloners agreed that something should be created that
�would be general enough in nature for laymen +o understand, but
discussion to be binding enough as no� to appear vague� It was the consensus
of opinion that the end result should nelther be restrictive nor
permissive, and tYiat the Comm�ssioners would like to study the
data handed them and bring up the subject at a.later time.
Commissioner Horgan mcved, Commissioner Froli�h seconded and it
adjournment was passed unanimously tha+ trie meeting be adjourned.
The meeting adjourned at 9:�0 p�m.
APPROVED:
��1�
/s% Wa ne Br son
ce Chair n
ATTEST:
��� �� �
Director of Planning