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PC 03-11-68 CITY OF CUPERTINO, State o� Cali�ornia 10300 Torre Avenue, Cupertino, California 9501� PC-5 Phone: 252-�505 80,000.3 MINUTES OF TI�E REGULAR MEETING OF' THE PLANNING COMMISSION HELD MARCH 11, 1968 IN THE COUNCIL CHAMBERS, CUPERTTNO CITY HALL. I. Salute to the flag. The meeting was called to order at 8:00 p.mo �y Chairman flag Buthenuth who subsequently led the assemblage in. the flag salutP salute. II. Roll call Commissioners present: Bryson, Frolich, Hirshon, Hor^gan, Buthenuth. Also present: City Attorney Anderson.; Director roll of Planning Laurin; Assistant Planner Nuzum; Directcr of call Public Works Finney; City Engineer Boyd; Recording Secretar Matzley. III. Minutes of previous meeting, Feb. 2� 1968 Commissioner Horgan moved, Commissioner Bryson seconded and it was passed unanimously that the minutes of the mirut;es February 26, 1968 meeting of the Planning Commission be approve� approved, with Chairman Buthenuth abstainingo N. Announcemen'c of postponements, etc , no There were no announcements of postponementso anrource- men�s V. Written communications Planning Director Laurin advised the Commissioners tha� he had received agenda and the minutes of the Caunty Planning Policy Committee, and that a copy of these had w�°��'�en been given to each Commissioner for his information a.nd comm��ni�a� perusal. t1�riS There were no further written communicationso VI. Verbal communications. Mr. Laurin also advised the members �f the Planning Commission that Ordinance 389 had been enacted by the verbal City Council as an urgency measure, and that ccpies commun.ica� of this Ordinance would be forwarded to each Commissionere tio�s YL-5 Page 2 Minutes of the March 11, 1968 Planning Commission Meeting ----------------------------------------------------------------------------- 81,025.83 City Engineer Boyd reported that a problem had arisen on San Juan Road and that the owners of certain real property had become innocent victims of circumstances. He stated that while under County jurisdicti�n the property under discussion had been divided into four lots, that a tenta- City tive map had been submitted, meetings had been held, and Engineer's the tentative map had been approved. However, the County, report in its hearing and subsequent approval, had made no pro- visions for the improvement of San Juan Road which should have been a logical step. The County did not record the parcel, but the property was subsequently annexed to the City of Cupertino. The owners purchased the parcel, be- lieving that it was properly subdivided, �riey now vaarlt to build on the property, but the City cannot issue a�uild- ing permit until the property has been properly recorded. Since this piece of property n�w lies within the City of Cupertino, the County of Santa Clara, who originally de- faulted by not recording it, can no longer sign the parcel map. There was considerable discussion on this matter, during dis- which all the Commissioners had numerous points clarified, cussi�n City Attorney Anderson rendered his legal opinion and the staff was asked to c�mment. As there was no definite identification, Mr. Finney called it a four-lot su.b- division on Sari'Ju�,n Aoad by Delbert and Betsy G��dwin, Commissioner Horgan moved to approve the map for the owners map with the stipulation that the improvements of the property approved be made t� the satisfaction of the City Engineer. Comm. Frolich seconded and it passed unanimously. public VII. Public hearings. hearings A. 1-v-68 C.K, and SHIRLEY SNYDER: Variance 1-v-68 for side yard setback from 9 feet to 6 feet for 2-story residence a� 10�+33 Glenview Ave. to permit construction of second story. Public hearing closed. hearing Attorney Anderson suggested that, by minute order, the re- public hearing be re-opened. opened Commissioner Hirshon moved, Commissioner Frolich seconded and it was passed unanimously that the public hearing be re-opened. Mr. Charles Snyder of 10�+33 Glenview Avenue, Cupertino presenta- made his presentation to the members of the Commission. tion He reiterated the statements made previously at the February 26, 1968 meeting of this body, during which Commissioner Buthenuth had been absent and a tie vote had resulted. Pc-5 Page 3 Minutes of the March 11 1968 Planning Commission Meeting ---------------------------------------------------------------------- City Attorney Anderson quoted from a County Ordinance and stated that the definition of '�hardship" to permit the grant- ing of variances when certain facts exist differs in various Ordinances. Considerable discussion ensued and numerous points were re- dis- iterated to Chairman Buthenuth and the audience, such as the cussion fact that the lot on which the applicant wishes to improve was sub-standard size from the very beginning. Commissioner Frolich moved, Commissioner Horgan seconded P•h• and it was passed unanimously that the public hearing be closed closed. Commissioner Frolich moved, Commissioner Hirshon seconded that Application Z-v-68 be approved. AYES: Commissioners Frolich, Hirshon, Buthenuth 1-v-68 NAYS: Commissioners Bryson, Horgan approved ABSENT: None Motion carried 3-2. Chairman Buthenuth advised the applicant that his applica- tion had been approved and that it would come before the City Council for approval at their meeting on Monday next. B. 2-z-68 D. R. FRANKLIN DEVELOPMENT CORP 2-z-68 REZONING from Residential Single-family 10,000 sq. ft. lots (R1-10� to Resi- dential Single-family 7,500 sq. ft. lots (R1-7.5�, 5.67 acres located SE corner of Hartman and Ainsworth. First Hearing. Mr. Laurin stated that both Planning Commission and City Council had approved the tentative map for this property, subject to rezoning and annexation. Since the annexation had been completed and the proposed zoning complies with the tentative map and with the average lot size of the presznt Oak Knoll development, the staff recommended approval. Mr. David Franklin, the applicant, had nothing to add. Chairman Buthenuth asked for comments from the audience; there were none. pC-5 Page � Minutes of° the Ma.rcyi 11, 1968 Plann.ing Comrnission Meeting p.h. Commissioner Horgan m�ved, Commissioner Hirshon seconded and closed it was passed unanimously that the public hearing be closed. Commissi�ner Horgan moved, Commissioner Bryson seconded that application 2-z-68 be approved. 2-z-68 AYES: Commissioners Bryson, Hirshon, Frolich, Horgan approved Buthenuth NAYS : None ABSENT: None Motion carried 5-0. Chairman Buthenuth ad.vised the applicant that this matter would come before the City Council during their first meeting in April. 2-U-68 C. 2-U-68 ACORN INVESTMENT ASSOCIATION and PAN CHOW: USE PERMIT for temporary flower storage and equipment sheds, located south side of Stevens Creek Blvd. �-00 feet east of Portal Avenueo First hearings Mr. Don Bandley, Realtor and representative of Mro Pan Chow, presenta- �he applicant, appe�,red before the Commission to present tion the application. He stated that there are approximately eleven acres under discussion, that the parcel would be used for the planting, growing and storage of flowers for one growing season only and that November would be the outside estimate for the propertyPs useo Upon being questioned by City Attorney Ariderson, Mr. Chow stated that there would be no organic fertilizer on the premises but liquid fertilizer mixed with water and that no obnoxious odors would result. After it had been ascertained that this piece of property p.h, was zoned for agricultural purp�ses and tha� there would closed be no basic change in its use, Commissioner Hirshon moved, Commissioner Frolich seconded a.nd it was passed unanimously that the pu'plic hearing be closedo 2-U-68 Commissioner Hirshon moved to approve Application 2-U-68 approved with the condition that the use permit be for a continuous period of eight months; that the storage sheds be screened by the trees as indicated on the diagram submitted; and that the diagram be made a part of the applicationa Commissioner Horgan secondedo AYES: Commissioners Bryson, Hirshon� Frolich� Horgan, Buthenuth NAYS: None ABSENT: None Motion carried 5-0. PC-5 Page 5 Min�tes o_f the '.�!Ia.�cr: 11, 1 JE8 Plann.ir�� :;o;m�missi�n Meeting D. 2-mM-68 ar.d. 2m�T-�68: STCN"ESUi� DEVE�,OP- 2-TM-68 MEI�T'� CORP : mEN'lAT�VE MAP ana '�TARIANCE 2-V-�� for 120 znultiple urlits on �•ne lot, located SW c:o�ne� ot' Bla�ey Ave, a.nd Lu�ille Avea 705 acrese First hea.ring Mro John Rodrigues appeared fcr �he applic�.nt, anc�. stated presenta- that the buildings would be Spa.nisr. iri d.esign� w� �n sr�ake tion roofs, would. have car por�s a.nd vaould be we11 ��.ndscaped, thus providing an attractive and aesthetic additior� to , the communityo Chairman Buthenuth asked for com�mer�t s from the ��af f a Mr. Finney indicated that� in t?�e present streef patt;er�n, there are left turns tc dnd from B:�ar�ey Aveo whi.ch� at staff some later time, may have to be elimi.nated.o Tne sr�a.t'f comments made statements relative to the location o�'.f'ire hydrants, light standards, and trie fact that a moving lane of traffic would be created d�rectly adja.cent to �, pede�tx�ian sidewalk. There was considerable d.iscussior� on the pr�esent: trend to decrease public str�:et ar�a a.r.d c��r'�� pa�king� in this traffic case by reducing th.e width of" t he f l on�age � �ree �., east- of discussed the propertyA Chai�man BU.�;hen�.xt;�a voiced his cer�ce.r.n Y.;hat this fr�ntage street co7�i� become a�:�a.�'fic ra�ard.a Planning Director Laurin men�ioned �hat the applicant had revised his plan s� t�h.at all distances between mzin build- ings now were 20 fto or more� he s�aggesteci �,'r.�at, in. app.rov- ing the applica�ion� condi f�ion.s sh��uid sta,te : 1 1 c�arports suggested to be pe.rmitted in lieu of ga.rage�, if �he �ommission finds cond.i- this proper; 2) both ir�e De�relopr�,.erit P1an and �-?��.e �`er�ta�ive tions Map to be revised to sr_ow the cr�os��sections ag.r�ed upon; 3) the Development Plan zo be m.a.de an exr�ibiY �o the Variarceo Considerable discussion ensued rela.ti�re to tr�e retTision of° revision current City Ordinances ir; r.^e��,r�d to ca.rports d.i` �ance of 'petween build.ings, and tc� call an a.pplica�.ior. s�.ch a� �he ordin- one discussed a Use Permit ra�her t.ran a. Va�ianceo ances Commissioner Frolich ga.ve a brie� �ackground of' ho�nT parts of the present O�dinances came into be.in�� Commissioner Bryson moved� Commi�si�r.er Hirshon seconded p,h. and it was passed unanimously tha� r.;he public hea.�ir�g closed 'pe closedo The Commissioners cor.tinued to discuss the streets, p�o- visions for traffic ianes, the five foot monolithic tiide- walks, and lighting standa.rds ar�� placemen� of fir�e hydrantso PC-5 Page 6 Minutes of March 11, 1968 Planning Commission. Meeting -------------------------__---------------------------------------------- 2-TM-68 Commissioner Brys�n moved that Applicati�n 2-TM-68 be approved approved with the provision that the widening of the frontage road be with shown on and made a part of the tentative map. Commissioner condi- Horgan seconded. tions AYES: Commissioners Bryson, Hirshon, Frolich, Horgan Buthenuth NAYS : None ABSENT: None Motion carried 5-0. 2-v-68 Commissioner Bryson moved that Applicatior. 2-V-68 be approved approved subject to the twelve standard conditions; with car ports with to be permitted; also to allow for more than twenty dwelling condi- units on one lot, and that the development plan, as revised, tions be made a part �f this application. Commissioner Hirshon seconded. AYES: Commissioners Bryson, Hirshon, Frolich, Horgan Buthenuth NAYS : None ABSENT: None Motion carried 5-0. The applicant was advised by Chairman Buthenuth that the application would come before the City Council at their next regularly scheduled meeting, recess Chairman Buthenuth called a recess at 9:30 p.m, The meeting reconvened at 9:�5 p.m. 3-z-68 Eo 3-z-68 and 3-TM-68 MARYKNOLL CONSTRUCTION 3-TM-�8 CO and SHERMAN CORNBLUM: REZONiNG from Agricultural-Residential Single-family 10,000 sq.ft, lots (A1-10) to Residential Duplex (R2-�-.25), and TENTATIVE MA P 13.5 acres located south of Voss Avenue and west of Lockwo�d Drivee First heari.ng. Mr. Sherman Cornblum appeared before the Commission and asked that Mr. Laurin make the staff presentation prior to the applicant°s comments. Following a previously submitted memorandum on �he property under discussion, Mr. Laurin advised the Commissioners of staff the terrain and zoning, the zoning adjacent t� the property, comments the imbalance of single family vs, multiple dwelling units, the traffic on Voss Ave., and the difficulty to provide adequate traffic capacity, schools, etco in the Foothill Blvd, area. Mr. Laurin also said that an illegal lot split seemingly had taken place, whereby the original 2106 acre parcel had been divided into one 8.1 acre lot and one 13.5 acre lot; the applicant had bought the latter, - PC-5 Page 7 Minutes of the March 11, 1968 Plan..r�ing Commission Meeting During his presentation, Mr. Laurin repeatedly stressed that the area was scenically beautiful and an outstandingly attractive piece of land. He also stated that, in order to develop the entire hill area, the illegal lot split �hould be recalled and a map submitted for the entire 21 acre parcel to enable proper development without risk o� unsightly heavy grading and risk of erosion, as on Candy Rock. Mr. Cornblum stated that this was the first time that he had heard of this illegal lot split, that he had bought his applicant thirteen acres on a metes and bounds description, and that point of he did not feel that he should be punished for someone elsets view wrong-doing; further, that since he did not own the remain- ing eight acres, approval of his application should not be made contingent upon the development of the remaining eight acres. The Commissioners, joined by the staff and Mr. Anderson's legal opinions, discussed this matter in length, and told the applicant that this was not simply a matter of owner- discussio ship and development of land, but of drainage, street pattern, improvements and overall planning for the area in question. Mr. Finney suggested that, since there are so many questions left unanswered, that this matter be continued �or two weeks staff during which Mr. Cornblum could receive help from the staff suggest- in working �ut hi� problem and the Commissioners would have ion time to study the matter. Commissioner Bryson moved, Commissioner Hirshon seconded and it was passed unanimously that the matter be cnn�inued matter for two weeks and that the City Attorney be given a chance continued to study Applications 3-Z-68 and 3 F. 81, 003: COUNTY AND CI'I'Y PLANNING 81, 003 DEPARTMENTSa REVISION OF CUFERTINO GENERAL PLAN for the area between Junipero Serra Freeway, Stevens Free- way, McClellan Road and Stevens Creek. First hearing. Planning Director Laurin stated that the area �o be con- sidered is divided between City and County, without natural 'poundaries. As it is located within the Cupertino Planning Area, a revision of the General Plan is the concern of the City's Planning Commission and Council, HowetTer, follow-up by rezoning has to be made by the County's Planning intro- Commission and Board of Supervisors, as affected property duction is within the County area. County and City staff and Commissions have cooperated closely to make the presented report, but as most changes would take place in the Caunty area, it would 'pe proper that the County Planning Director make the presentation. Pc-5 Page 8 Minutes of the �a.�cr� 1 1, 1968 PL�.rin:i.ng "o�rr��n_i s�ion. Meeting County Mr. Roy Cameron, fihe Santa. C� �.ra C�unty Plann.ing Diy�e�tor, Planning had graci�usly consen.ted to appear befo.re �he Commission. Director�s By use of a previously submitted. memorandurri with an attached presenta- map, Mr. Cameron, aided by N1rA Laurin, presen�ed the pro- ti�n posed revision of th.e Cuper�tino General Pla.n f �r "Old Monta Vista". After this informal discussion with Mra CamRror., Ghair- man Buthenuth asked for� audien.ce commenfi.s o M� � o G;xstav Anger of 10185 Iznperial Avena°, Monta Vista, ma,de an impassioned and prepared p1Pa �c the Com.mi.ssicner�;, stat- audience ing that the citizens of tk�e area in which �?�e r�esides comments had, for years, been trying �� imp.rove their px�operties, but that they had hardly ever and mostly never re;.e.ived cooperation from the City of C_.uper�tino She ga�e a detailed background of the thin.gs done by intere�ted citizens in her area and a statement of the frust.rati�ns which this group had experienced because the Pntire "Old Monta Vista" area is shown as industria.l in r�zpertir.o P s General Plan. Mrs. Ar�ge� stated that she believed that Cupertino had slated 'che ar�ea for a definite do�n-grad- ing, and that banks and financing .institutio.ns laould not lend money on improvements to be un.de.rtaken in t:rae Monta Vista area. After Mrs. Anger had delivered her speech, d. M.ro Mike audience Nichol of 21515 Stevens Creek Roa.d in Mon`;a ui��a request appeared and requested that tre west side of �,riperial Avenue be kept under ML zoning a.s well a� t�!� east side of sameo Mr. Laurin stated. that both. the City Council and the County Supervisors would be guided by the General Pl�.n when con- sidering rezoning, and that revision of the seneral P1an is an important decisiono In relation to Mrso AngerPs concern, he stated tha� on.e ma�jor purpose c�f' this r°evision staff of the General Pla.n. is to indicate residential.rya�e for comment existing residential are�,s, and revoke the proposed change to industrial use indicated. b,y �he p.revi�u�ly adopted General Plan. This should be i,n 1in.e U�i�h Nx�� q A.n.gere s wishes. He thoug�r, hoWevex�, that Mrs� Ar,ge�: c�;��ect�d. �o three sentences ir� the explaining text: "?t does not seem that this area (the duplex zone east of S�u�hern Pacific RR) wi1.1 remain resider�ial f'orever a,� i t is located between a railroad, a freewa,y, �.r�d tw� industrial areas. On the other� ha.nd, �ez�n.:in.g to Lioht Tndu�tr.ial and gradual infiltration of in.dustrial enterpri�e; would create very undesirable condi�:ions during the trarsition period. It seems that tY�.e 1.arzd utie can be chan.ged in an orderly way only throu�h a redevelopment program with government participation, as a single operatior." PC-5 Page 9 Minutes of the March. 11, 1968 Plannir�g Commission Meeting City Attorney Anderson inquired if �nere was an immediate urgency to this matter and after he r�ad been a�sured that there was no such urgency, he suggested that a deliberate and close look be taken at the General Plan and that the Commissioners 'pe given an opportuni�y to look at the area and study the matter in depth. In view of what had been said and suggested, Commissioner Frolich moved, Commissioner Horgan �econded and it was 81,003 passed unanimously that the revision. of' the General Plan continued be continued until the next meetingo VIII. Unfinished Business unfinished business A. 81, 00�+. 122: Ordinance 220( j), regulating Light Industrial (ML) zones. 81,00�.122 Commissioner Horgan moved that, because �f" the late hour, continued this matter be continued to the next meeting. Commissioner Bryson seconded and it was passed unanimously. IX. New Business new business Chairman Buthenuth suggested that, by minute order, an amendment be drafted to the Commercial Ordinance to place 81,00� drive-in type resLaurants in commercial are�.s under a Use Permit con.trol. Minute �rder: It was unanimously sug�ested �hat the staff come �up with amendment suggestions at the next meeting on how bes� �;o amend the to existing Ordinance so that drive-in establishments v��ould ordinance be subject to a Use Permit. requested Commissioner Frolich wanted a copy of the sign Ordirlance sent t� the Manager of the Mayf'a.ir� Market on East Estate sign Drive, asking him to comply with i�a Chairman Buthenuth ordinance mentioned that the Shell. static�n on Stelling Road was dis- advice playing gaudy signs. The Co�r�missioners requested that the Chief Building Inspector l.00k into both matters. D. Adjournmenta Commissioner Bryson moved, Co�nmi�sioner Hirshon seconded adjourn- and it was passed unanimously that the meeting be adjourned. ment The meeting adjourned at lle�-0 p.mo A PPROVED< i � ' � wr �' � �,-,...-��'y'�' � John W. Buthenuth ATTEST : �- Chai.rman ��� G����it.1�Lr�. Director of Planning