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PC 05-27-68 CITY OF CUPERTINO, State of Califo��.a 10300 Torre Avenue, Cupertino, C�l,i�e�rn�.�. �5f3�� . P'hone : 252_�+5p5 80, 000 .4 PC-10 MINUTF�S OF THE REGUl,AR MEE'��I� �� P?.�nNN�NG CONIMLSSION HELD MAY 27� 1968 IN THE COUNCIL �� CZTY' HAI�L� CUPERTINO, C�1I�IFORNN�"A Th�e meeting wa� ca]�ed to o�d��° �,t �3 0�� g�� b�r Chair°m�n Buthenuth, ca1.1 to orde�° who subsequentl.sr led the a�se�l�.�� i� �,�� f:�ag ��,lutea flag salute Deguty City Cl,erk Me Hu�h a��n3��°�d t�� O�th of 0��°ice to re- appo�.nted Commiss�.on�r H�.�°�Y�on �nd. ��v C��o.i��ioners Irwrin and Puetz, oath of �fter which th� above indi�idu�.1.� �ygr�� th� Ce��ificate of Oath of office Of fice m Chai�°m�n ��uth�nuth �a�tenci�d con�r�t��.t$.�n� to °�he Co�i�sioners congrats for their �ppointm�nt and, in I�°. H�r�h�n`s c�,�e, his remappointment. Co��i.aner F�zetz r�c�i�rez� �h� ��,�°�'� pe�°mi�sion to make a �tat�ment an� s�,id �hat he h�.d �.��ep��d �th� appointment because he felt that h� cdrzlcl be in�t�°umental %n ��i� b�tterment of Cupertino and. tha� he w�u�.d �a:refully wei�h �h� f�.c°t� �s br�ught before this statement Commission p�io�° �o renderi�� a d��i��n< Fur°�hex' that he would by new consider, with great esteem �he su��ions as m�,d� by the City commi�sioner staff and b�,se hi� clecisions on �1.1. the f�cts p�°esen�edo Mro Puetz stated th�,t he was �r�teful �°ar �this op��rtunity to �erve the City of Cup�rtino arYd that he fel°t it an h�nor to be a part of the Planning Commission. Commf.��ione�°s pr�sen°ta �rwin� H�,��n� Fr��.ic�h, Pix�tz, Buthenuthe Al�o pre��ntm Planning Direct�r La�.r°in, A��i�t�nt Planner Nuzum; ro11 call City En�ineer B�yd; Rec�rdin� Secretaa°y %�Latzley� Commi��ioner �'rolich �oved, Cd�s��oner Hir�hon seconded to approve the minutes of the MM�„y 13, �.968 meeting of the Plannin� Commissiona minutes The motion was passed on a ma�o�ity vote wri�th Commissioners Irwin approved and Puetz �bst�inin�. Comrni��,oner Hirshon moved to ��ect �'�anmais�ionex° Froli.ch as Ch�,ir- man, Gommi�sionez° Ir�sin secon��do election Aye�o Commis�ioners I�°�rin H3rshon Puet�, Buthenuth of Noese None chairman Absta,in: Commis�ionex° Frol�eY� Commj.�sioner Irwin moved °to el�c� ��m�,$��oner Iiirshon as Vice Chairman Co�nissie�ner Buthenu�h ��onc�edo election Ayesa Commis�ioners Irwin, Buth�nrxth, Puet�, Fz°olich of vice - Noes: Non� chairman Abstaine Commissioner Hin�Y�on page 2 Minute� of the Planning Commission May 27 �968 PC=10 80,000.� Plannin� Director Laurin advised the Comm��si�n�rs that requests post- for po�tponements for Application 11-TM-68 axad Application 13-Z-68, ponements Item� A. �nd C. on the agenda, had been re�e�vede 11-TM-68 and Commi��ioner Bu�henuth moved, Counnissioner Hir�hon seconded and it 1 3 - �� was pa�sed unanimously that Items A. and Cm on the a�enda be postponed. postponed Mra Zaurin f°�zrther stated that he would be ab�ent from the two forth- 86,0� comin� Planning Comonission meetings and �u�ge�ted that 86,00501, pos�tponement Ordinance 002(q-1), Item G. on the agenda, be po�tponed until his requested returno 86,00501 Commis�ioner Ir�rin moved, Commissioner Buthenuth �eeonded and it was postponed pass�d unaniaious7.� that Item G. on the agenda be postponed. Comm3.s�ioner Buthenuth requested that he be �upplied with all background materi�l, �ata and information on the item� which had been postponed some time requested �o �o �h�t he could refresh his memory on these matters. The Assistant Plann�r was in�tructed to m�ke this material a�ailable. written y��,��n C�om�unications comrm�nic�� tions g�,�ning Directdr Laurin stated that he had prepared a hillside develop- m ent presentation for the Congre�8 of Comm�unity Progress, a copy of w�ich had been h�,nded the Commi��ioners for their perusal. He stated report on �hat thi� was not a px°oposal but a presentation and that he would be hillside will.ing to give a detailed report at this meeting. development Sin�e tY�e Co�►i�sioners had not had an opportunity to review the fact- sheet Ch�.irman Frolieh suggested that thi� matter be deferred to a l.�,t�r meetin�a A�si��t Pl.anner Nuzum stated that he was in re�eipt of a referral from the C�unty Planning Department relative to a reque�t �s submitted by Nia°� v Wo�1ff81 for a U�e Permit for a boax°din� and riding stable, including county the p��turin� of horses and cattleo Mre Nuzuxn stated that this referral property wa,s loce�ted an the north side of Permanente between Lebanon discussed �d Jo�eph Avenue� and that, to hi� be].ief, Mr�e Woelff��: had always had cattle on her property and that no on� had ever ob�ected to this. Comani,��ioner Hir�hon moved, Com�issioner Irwin seconde�i and it was comanission pa��ed unanimously that this Co�ni�sion is�ue a minute order voicing concurs with no ob��etion� to the proposed u�e and th�t this fact be related to use the County Fl�nnning Comanis�iono verbal �erb�,l Co�unieations communics- tions Mrs, Robert Cromwell of 22570 Alc�,lde Avenue, Cupertino, inquired as t o the reason for the postponement of Item Go on the agenda, Applic- ation 13-Z-68 stating that she had lbe�n in touch with the Plsnning inquiry by Depar�ment this �ame morning and no po�tpon�ment had been indicated. audience ��. Cr�mwell mainta,ined that this was the second time that this matter Y�ad b�en po�tponed and strongly suggested that all data be availgble before a ma,tter i.� placed on the agenda eliminating the n�cessity to postpon�. Minutes of the Planning Co�ission May �7� lq�$ 80,000.4 PC-10 Verbal Communications cont'd page 3 Planning Director Laurin stated that th� rec�u�� f��°°��is post- ponement had been received in the afternoon anci �h°° re�.son, in all l,ikelihood, had been the fact that the apgl�c��t aia �ot h��re all discussions required data. The Commissioners discu�se� t�a.� m�.�� t length ancl it was suggested that perhaps the 0�°din�,n�� °�g�latin� the fili of applications should include the wox°d "c�mpl��e" �°�1.�°�ive to the suggestions necessary presentation. Further, tkiat pex°h�,ps � should be made tha.t one continuance will be �.1.1,ow�d and �.f�t�� that the matter would be dropped from the agencl�o Public Hearings public hearin; A. Application 11-TM 68 had been po�tpor�ecl 0 11-TM-68 B. Application 10-TM-68a Takeyuk�. Toma; Ten�a°�iv� Map, 1.4 10-TM-68 acres at the north end of Porta]. Avenu� ne�r J'unipero Serra Freeway. First Hearing continu�do Ni�°o Tom Henderson, Civil Engineer r�pr�sent�� th� apglicant and stated tha.t this was a continued hearing on this ,��°t�� which had originally been presented to the Plannin� Commzs�ion at their M&y 13th meetin�. In frPquently referrin� to the min�t�� f that present- meeting, Mr. Henderson stated tha.t the St�,te w�ul.d not ��11 this ation piece of property to anyone other �han the two partie� involved, Messrs. Wolfe and Toma, and that the access �d�z° d.i�cussion could be acquired but should be purchased, as Mr. i�Tolf� had purchased the prope�°ty with the understandin� that t�is prc�perty was land- loc�ed. Mro Tanaka, representing Mr. Wo1fe �tat�d th�,t hi� �l.ien wished to have a 20' right of way to the ea,�terly �%de of Paz°cel "A" and statements that, tentatively, he anticipated de�reloping th� p�op��°t�r as Rl. The staff cautioned that the only way in wrhich this could be done would be by dedication. Mr. Boyd said that the Ordinance would staff permit a 20' driveway but it did not all.ow a 20' e�,�ement. report N!r°. Wolfe'^ representative stated. that hi� cl,i�nt would be within his rights to insist that Mr. Toma give him the r�.ght of way as this would be strictly a matter foz° ne�oti�tion aceording °to �he way the 0�°dinance readso Mre Boyd, however, st�,ted that M�o Wo1fe c�ould statements negotiate with Mr. Toma to purchase th� praperty in fee to give him the required access< The Chairm�n asked for coimnents from the a�.d i�T1G�y there were none. no comments Cnmmissioner Hirshon moved, Comm�.ssioner I�in seeonclecl and it was passed unanf.mously that the public hearin� be closeda p.h.closed PaBe � Minutes of the Planning Commission May 27 �968 PC-10 80,000.� 10-TM-68 cont'd 10-TM-68 Commissioner Hirshon moved, Commissioner Irwin seconded that Applic- approved ation 10-TM-68 be approved. Ayes: Co�nissioners Irwin, Hirshon, Buthenuth Frolich Noese None Abstain: Commissioner Puetz Chairman Frolich advised the parties concerned that they would have five days in whieh to appeal this decision to the City Council. 13-Z-68 C. Application 13-Z-68 had been postponed. �_v_68 D. Application �+-V-68e John M. Gatto; va�rianee to reduce side yard setback from 6 feet to 4 feet at 10296 Plum Tree Lane. First Hearing. Mr. John Gatto, the applicant, explained to the Co�unissioners that a growin� family and economic consider�tions had been the basis for the variance requeste By the use of a p].ot plan and an architectural rendering Mro Gatto presented tYYu� px°aposed addition to his home present- sa.ying that the reduction in setback request had been necessitated ation by his desire to provide a dining area i�ed�.ately ad�acent to the existing kitchen in his home and that a location for the dining room other than �hat proposed.�would be ineffective. Considerable discussion ensued among the Cottrmissioners indicating discussions that this was a 7500 squaxe foot lot and that this addition would certainly infringe upon the next door neighbor, although Mr. Gatto maintained that his neighbors were in a�reement with him and had voiced no protest. P .h, Commissioner Irwin moved, Commis�ioner Hirshon �econded and it was closed passed unanimously that the public hearing be closed. Chairman Frolich questioned the phrase "hardship" in relationship to allowing or der�ying a vaxiance and said that, in his opinion� verbiage there was no such hardship in this instance. Com¢nissioner Buthenuth questioned concurred e�pecia.11y after Chairman Frolich had re�d a portion of the applicable Ordinance. Both Commissioners agreed that perhaps an applicant i� misled by the phrase "hardship" and suggested the suggestion possibility of substituting a different word which would describe the circumstances under which a varience may be granted. The staff m,aintained that the granting of this reque�t would set a poor precedent in that there was a possibility +.hat a large number of staff people would suddenly desire to build an addition to their home on report the sideyax°d portion� all for economic considerations, and that the very reason for the setback requirement was to preserve the open space and a separation between two residences. no comments Chairman Frolich asked for comments from the audienee. There were none. Minutes �f the Planning Com�ission May 27, 1.968 80,000.4 PC-10 4-V-68 cont'd Pa�e 5 Commissioner Buthenuth moved, Commissioner Ix°win �ecanded to deny Application 4 4 Ayes: Commissioners Irwin, Hirshon Buthenuth, l�u�t�, Frolich denied Noess None Absent: None Chairman Frolich advised the applic�.rit that he had th� �°ight to appeal this decision to the City Council within fiv� c��s. E, Application 12-TM-68: Charles Davidson; ��n�ative Map 12-TM-68 (2-lot split), 7.87 acres on the s�uth sid� of Homestead Road adjacent to the east side of Hom��°t��d Iiigh School. First Hearing. , Y�Ix°e Van Hoag, one of the owners of the property,to].d the Commissioner that there was no problem on the lot split, but that the i.mmediate ne�t door neighbor, Nelson Associates, h�,d requ�sted tha,t the re- present- quired 6' masonry wQ'1..1. along the property be x°educed to 4' for ation aesthetic rea�ons and so that the Nelson proper�y woYald not be obscured by this wall. I Considerable discussion ensued af`ter the appl,ican�'� statements during w hich it was ascertained that this entire prop�rty �ad been part of I an inte�rated development and one of the condition� placed on the original application had been that an open roadway be provided so that the tenants of the apartment house would have f�°e� �ccess to the i discussions shopping center without having to travel on Home�t��d Road. Commissioner Irwin recalled that this application had been p�°�sented to H Contr^i_ I while he was still with th�,t body, at wrhich tim� it h�,d been postponed for reasons of insufficient data. At that sa.me °time, however, the applicant had been advised that the Planning Dep�x°tment's H Control checklist makes definite provision f°or a 6' m�.�on�r wa?�1 as one of statements °�he absolute requirements. After some discussion on the nece��i+,y for partial o�erhead and partial under�round installation of v.tilities, �,nd af'ter Chairman Frolich had asked for audience comments �,nd none were made, Co�ssi- p.h.closed oner �uthenuth m��*^�, Comm3.ssioner Irwin seconded �.nd it was passed unaninaously tha�: the public hearing be clos�d. Commissioner Irwin moved, Co�issioner Buthenuth seconded that 12-TM-68 Application 12-TM-68 be e�pproved. approved Ayess Covanissioners Irwin, Hirshon, Buthenuth, Puetz, Frolich Noes: None Absent: None page 6 Minutes of the Planning Commission May 27� 1968 PC=10 80,000.4 12-U-68 F. Application 12-U-68: Wal�er Jens�n �� al; Use Permit for � Motel, Restaurant, Lounge, Gasoline S�rvice Station and other related commercial uses within �. Planned Development zone. 11 acres located on the west side of North Saxatoga- Sunr�yvale Road, 630 feet south of Junipero Serra Freeway. First Hearing. Mr. Harry Falk of 11�+52 Mora Drive, Los A�tos, identified himself as one of the owners of the property and said that "Walter Jensen et al" was the executor of an estate connected with this ma,tter and hi� name needed thus to be placed on fhe application. Mr. Falk sta�ted further that he was a licensed but non-practicin� attorney at law who was interestec� in in- vestments and that he was a�ttempting to fill a need in Cupet�tino by present- constrncting a motel�restaurant operati.on in hopes of attracting the ation business of visiting company executives as we11 as friends and relatives of De Anza colle�e students. He stated that the tentative name selected for the project would be De Anza Gardens N1pte1, tha.t the design would be compatible to that of De Anza Colle�e, that the proposed restaurant would have a seating capacity of 250o and that it would be neither a pizza parlor nor a take-out restaurant bu� a good sound operation, something that was obviously needed in thi� are�.. Upon being questioned, Mr. Fa1k st�ted that he w�,� negotiating with a number of restaurant operators for a possible ].ease axrangement but that his hands were tied as he did not have a Use Permit as yet. In citin� a recent precedent, Chairman Frolich asked if the applicant discussions could give the Commission some sort of guarantee that this pro�ect would be an integrated development and would be constructed at the same time rather than piece-meal. The applicant replied that,should an interested party be found first for the motel operation, the con- struction of the restaurant would come second or vice versa,. In answer to a deep concern on the part of the CoYmnissioners, Mr. Falk stated that the proposed gas station operation would be very emall statements �d that he would ha.ve no objections to having restrictions placed on the construction of the gas st�t.on until all other buildings have either been completed or are in the process of being constructed. Considersble discussion ensued relative to the two ad�oing properties. It was repeatedly emphasized that this property w�s within a Plann�d Development zone and that the two ad�oining property owners would have to be contacted relative to their proposed usage of the property. Mr. Fa1k indi,cation stated that he had been in touch with Mr. Ralph Rodxigues' representatives. of uses �. Dick Pacheco, Mr. Rodrigues' representative, apologized for having requested been out of the State and having been prevented from contacting Mr. Fa1k. He said tha,t he would now be aveilable for negotia+i.ons and a1so, that Mr. Rodrigues owns in excess of 15 acres on the proposed site. Thus, Mr. Rodrigues would appreciete any and all cons3dera,tion by the Plar�ning Co�nission in connection with preserving his rights of ownership as this was a crucial location. Mr. Falk wa° asked if he would bb�ect to a continuance of this matter tn question the next meeting to a.fford all parties an.opportunity to contact one another relative to their respective proposed usea for their properties. Minutes of the Plannin� Commission Ma,y 27 �968 80,000.4 PC-10 12-U-68 cont;d page 7 Mr. Falk stated that he was not opposed to a postponement but �hat he would �biect t� one continuance after another as in the previously cited compiaints under "Verbal Communic�.tions" as not only time but statements certainly the rising cost of l�.nd� w�,ge� and negotiatzon prices was of the ess�nce. Commissioner �iirshon moved, Commissioner� Bu�henuth seconded �nd it was first public passed unanimously that the first public hearing be closed. hearing closed Chairman Frolich advised the applicant th�t this ma,°Gter would be on the agenda for the next meet�ng of th� Pl�.nning Corrunis�ion. Commissioner Buthenuth moved �ommi��ioner �r°�rin seconded �,nd it was passed unanimously ;ha� th� applicant prepax� �nd submit to staff data tentative plans for traffic solutions and pat�ex°ns, street improve- requested ments and other data prior to the next mee�ing. Co�nissioner Buthenuth ioined b�r his fellow Commissioners, requested that the minutes of the o�°i�inal planned cleve�.opment zone approval minutes be mad.e av�,ilabl.e to the Commis�ioners �.s �oan as possible. requested G. 86,005 el. Ordinanc� 002�q�1� o�'nis matte� hacl `been 86.005.1 postponed. There was no �zrifin�.sh�d and no new �usin�ss. Commissioner Buthenuth moved, Commissioner Irw:�n �econded and it was passed unanimousl.y �h�� the mee�ing be adjoua�°necl> The meeting adjourned �.t 10�15 p.m. adjounrment APPRO� o � ... � /�/ Donald Ao Frolich Chairman ATTES�m ADDE LAURIlV, Director of Planning B • -'J es E. Nuz 9 A sistant Pl.�,nner