PC 09-23-68 CITY OF CUPEKTINO, State of Cal�f��naa.�
10300 Torre Avenue, Cupertino, Calif��n�� �5����
Phone : 25 2- 450 S �'�m °� �
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MINUTES OF THE 12EGULAR 1�EE�TIN� �� �IT� �3.�'�N���� ��I��SSb9�
HELD SEPTEMBER 23, 196� bN THfE CUiJ1��3L ��?.�1B�E�� 9 ��[�"� ����., ���'P��t° ,
T�I�O, CA3.��OI�.N3Qs �
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The meeting was called to order at �a�� pa�o lb� �h`��:��`��!u� �'���:��;�a �arx� �����. '==� �':'`'��
subsequently bed the assembl�g� i� tY�� fl�g s� �e;;�� o ����� �����e
Commissioners present: 7Lrwin, Hirsh��n, ��a�;I�eaau�t� ���. �� �Q.�.� , 1�����, �
Frolich. Also present: Senia�r Plan��r d�iu��ne A���.������: Pb�aar�u��' '�'���. �s�g�
Nuzum; Director of Public Works Fia►r►ey; C�.ty E�gi�L��� ���;�a ��:��'���� �
Secretary Matzley; City Attorney Andex°so�n. �
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Attention was called to a clerical �rxor ir� �th� tx°�n���x�����a��� �f +��a� '
September 9th, 1968 minutes; on p�g� 4 u�nd�r "pot�o :�s���° s�� ;��'���'�������'�y
sentence to read : Cocumissioner Hir$hoaa cnov�d 9 �o��.���sa��� 3�ca�.�a ������
seeonded . . `
Commissioner Irwin �noved, Commissioa��r ��°s�aoaa s��c����,�d ��s� �� �a�� ;
passed unanimously to approve ttae Septembe� 9, b9�� �:���t�s �f ���� ;��.aaa�t��
Commission as corrected above. ;���'���"��
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Senior Planner Laurin advised the Co�a�na�sio���� t�a�� ��n� �p��i�,���� {
for Item B. under "Public Hearimg�", (22-�-68� �a�� ������L�3 � ; �������
postponement to the n�ext regularly ��tn�d�3.ed m���img �t �?�� P�.�y�ua���g ; f�� ���m�
Commission. �'�'���'�����
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Commi�sioner Irwin moved, Com�aissioner Pue�z s�c�omc��d ��il� �� w�� ���m1'�d E��
passed unanimously to postpone th� hear�.�� �� Ap�rg��:���.e�� 22-�°�d 68 �����]P����
to the next regular meetingo �
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Tt�ere were no written coa�muni�ations. `�� ��'�����'y
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Chairm�n Frolich called for �udi�n�ce commen��y m�c��a� �a���� �����u�;���,ra�o ��a� ��w'����s
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Senior Planner Lauri�a advised th� Comani��ao�a��� �i,��U ������.���^h�� ���'Q�) �
for General Commercial (CG) z�n�s �b���d ��r a����aa���.d�� �t �k�h�� �
meeting (81,004.124), wou�d be placed �� Pa�b�.�� ��;:i��; ��a ���� ����d� � ����
for the next regular meeting un�.�ss the C�e����i��a��� �����i�d �.� ��n¢ ����
contr�ary tonight. t
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In this connection, Ch�irm�n Frol�ch :�e�iu��d��, �n�i� �f����� 6��sn�.��; �a�e�°��
that no quorum would be avail�ble for tkae 0������ b� �96£� �a����.aa� ;
because of the Conference of the �.ea��ue mf �ab�f��ua�� ��.�i��� ��a L��� ;���� ��
Aaigeles. Discussioa� ensued a���ng tkne C���af��i�u���� ���i�t�°�� ��� ��� �����'��'�
mutually most convenient d�te f9x tkae ���t �eeti�'��o g� ��� ���� 6����m �����'�
sensus that Thursday, October 17 Y96� w��b�l �a� ��������.��r� �or ��. f
least three of the Gommissioaaers and wou�� ������� ��a;���� t�i�e si«-.�°��rg �
which applicants could publiciz� ttaeix° �.xadi�•���.a��� ��� «�.�,�t��sa�o ;����,����-�s�
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page 2 Meeting of the Planning Commission S�ptember �3, 1968 PC-19
80,000.4
Oral Commu�icatim�s �ont°d
new date Commissioner Irwin moved, �ommis�ioner Fi���ho� s��o��ed �nd it was
for passed unanimously to schedule the next me�ti�g of t�� Pla�ning
meeting Commission for October 17, 1968.
amendment Commissioner Irwin amended his motion to state th�r �hi� eyening°�
to motion meeting shall be adjourned to the next meeting of ����� Com�aission
scheduled for October 17, 1968. Commissioner �irsho� ��r.��ded the
amendment which passed unani�ously.
Public Hearings
11-TM-68 A. Application 11-TM-68: H�rbert W. R�egn�rt ��., �t ux, Henry
legend R. Luchetti and Noorudin Bill�wala; Te�tati�e M�ap, approxi-
mately 23 acres loc�ted west side of R�gaa�rt Road, south of
Candy Rock Mountain. First H�earing.
Mr. Billawala appeared �s the applicant and on beh�lf of Mx. I�egn�rt
present- for the subdivision, expbaiming that the sit� �ans�s�ed o� three l�ts
ation with Mr. Regnart's residence remaining o� lot #1,
In answer to questions whether the me�orandu� und�r da�e of M�y 9, 1968
as submitted by the Senior Plann�r relative to thi� �ppb�cation was still
staff effective, Director of Pu�lic Works Finney expl�ined that one of the
report requirements for the Tentative 1ri�p would be th� ins��llation of s�nitary
sewer facilities and water, indic�ti�g th�t w�ter h�d been �rovid�d but that
sewers were not available at thi� ti��. rix�. Finney xe�i�ded the Com�i�si-
oners that the proposed LID would extend to t��s p�op�rty �nd would
service all surrounding sites.
City Engineer Boyd agreed with Mr. Fiainey but cau��oned th�t this
delay application would necessitate an addition�l d�l�� tm �sc�stain the
requeated outcome of the proposed LID, stating that meeti�gs w�r� mow being
held and that the xesults would be ad�ilahle s��r�ly.
chairman At this p�int, Vice Chairman Hir�hon c�nd�cted �he ��eting in the ab�e�ce
leaves of Chairman Frolich, who wa� called aw�y from C�a�b�r� �� 8s15 p.�.
_ City Engineer Boyd expanded on the �ubject of �h� pr�pmsed i�prove�ent
district and stressed the �dvi�a�ili�y of r�qu��ti�g a pu�lic right of
easement way to afford access to lot� 1�nd 2 a� a cond�tion to the �pproval of
discussed the Tentative I�ap, re1$ting that the �cisting e�s��e�� �� neither
adequate under the Subdivision M�p n�x �nder the C��y Ordinances.
Mr. Billawala explained the p�ysic�l �ay- out �f �he thr�e sites by the
use of a plot plan and �lso itemized the re�so�s f�r th� del�ys en-
site countered relative to this application. ki�. �ibl�wal� c��tended that
explained no construction was propo�ed on lot 3�t t�i� t���, �ut �h�� �here was
a structure on lot �1 whic� i�cluded � septic t�an�.
Minutes of the Pl�a�afn� Comcnission Sept����� 2� b��� ��-�9
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Application 11-TM-68 cont'd P��� �
Messrs. Ellis Jacobs of 22051 Reg�art R�ad; Ar� �r��� �f 22005
Regnart Road, Major Perkins of 22025 Regnart R�ad ��d 1rI��. ��r�l �u�ie���
Fritz, addressed the Co��issioners xeques���g d�t�i��d ��fo�m�ti�� ����e�ts
on certain aspects of this application.
During the audience comments, questions were rai��d �y ��� G���is�b° �
oners and statements were made by staff it be�a��� app�r��t ��at t�e r�a��n f�r
submitted map was inaccurate and that t�� existi�g �ase�e�t ��d b��n b�t���ti�n
the very reason for prolonged litigation in �he �o�r�s, w�ic� had just d��i��d
recently been resolved by an edict to klr. Reg��rt �y w��c� �� w�s �
allowed to utilize the easement for cert�in us��.
There was considerably �ore discussion on the f�c� that t�er� w�re �
several necessities amiss before this applicati�� co�ld �� ��nsidered,�
The staff asked that the approval of the T��t�ti�e N�p be conditioned
upon showing sufficient right of way d�di��ti�n �ff Regnart Road by diseussio�s
the applicant to assure access to lots 1 a�d 2. Staff al�o felt th�t
the necessary dedication for the LID wo�ld be � sep�r��� matter and
not inherent to the �atter before thi� Commis��o�u �� t�is �i��.
Vice Chairman Hirshon asked the applicant if he ��derstood what was
needed prior to re-submission of this applica�fon. �°�ae applicant
answered in the affirmative, reque�ting pexmissio� to contact the questi���
appropriate City departments for assistan�e. Gity Attorney Anderso� asked �nd
added that the applicant should be g�ided by t�e pr���isions of answ�red
Section 27 A of the Ordinance.
Commissioner Irwin moved to continue Applic��io� 11-�°1�1-68 �o th� 11�2'1� 68
next meeting of this Commission, scl�edul�d fox Octobex° 2/+, 1968 p��tponed
(as opposed to the adjourned regular cnee�ing s�h�d�l�d £or O�tober �
17, 1968). Commissioner Puet� seconded axad it wa� passed unani-
mously.
B. Application 22-Tkt-68 ��d previo�sly be�a� postpo�n�d to the 22�1`drl[-68
October 17, 1968 meeting. P���P����
C. Application 21-U-68: Roger John��n; U�� P�a°cnit for in- 21�LJ-6�
stalling three gasoline pu�aps �t exi���a�g �ar w�isla on lege�ad
corner of Saich W�y and P�rle Aw�nue. F�.a�sg d��a'�.aa�.
Mr. Roger Johnsor�, owner �nd operator of tkae c��° w��ka, �d3x°essed the
Commissioners requesting permissio� to fi.nst�ll tkare� g�s�biaae pu�ps per�ni��i�n
in the existing car wash facility for the c�nve�ag�an�� �f the car w�sh requested
customers.
page 4 Minutes o£ the Planning Com�ais�i�n Seg�ember 23� 19�� PC-19
80,000.4
Application 21-U-68 cont'd
Mr. Johnson, aided by Mr. Jack Blake who inst�lled �he e�uigment, stated
that Watson Associates had at some time i� the p�st m�d� a fi�m ve�bal
commitment that the frontage of the c�x° �ash w�uld be c�n�tructed as a
part of an attractive shopping c�nter and h�d s��ted un�qufvocally that
background this car wash would be the only one allowed wi�hin t�� C�ty of Cu�ertino.
of project Mr. Blake explained that he was convinced th�� the Pl�nni�g Co��ission
explained had never made a commitment of this natuxe to Wats�n Ass��iate� s�d
that this statement had been employed to induce the �pplicant to consider,
and subsequently sign, a long-term lea�e. lrt�. Blak� stated that pure
and simple economics neces�itated the inst�llation of the gas pumps
as they would make the employ�ent of � necessary f�ll�ti�e �ttend�nt
possible who would be able to c�ntrol petCy va�dalis� deb�is �nd
the existing low water pressure.
Senior Planner Laurin stated that the sa�e Use Per�it proc�dures for
statement a car wash were followed as were for � g�s st�tion �nd asked Assi�tant
Planner Nuzum to supplement his statement.
Mr. Nuzum stated that the Planning Dep�st�ent h�d b�en �gainst the car
staff wash from its inception. In i��elf, there �xe �o ob���tion� to $dding
report a service station to a car wash, but h� did not feel �h�t this w�� �n
appropriate location.
economics Mr. Blake contended that over 90� of the automatic c�r washes within the
cited nation had i�stalled gas pu�ps for reason of s�eer �c�no�ic �urvival,
and reiterated his previous st�tements �bout this specific location.
The Commissioners, some of whom had been on �it�er the Pl�nning Com�ission
or the Architectural and Site Control Committee at the inception of the
original project, remembered and related t�eir orig�m�b oppositiom to
this project and st�ted that their conc�rns h�d b�en s�bdued onby �fter
concern Watson Associates had presented the pl�n� for � be�ut�f�lly conceived
voiced shopping center which, unfortunately, had not �o�e �o fru�tion. The
by Commissioners were in sympathy with the �pp�ic�nt b�t stated that they
members would be creating new pxoble�s by the �pproval �f t��� applic�tion. The
result may be that gas station U�� Pez°mit� wo�ld �pply fmr c�r w�shes
and car wash Use Permits would �pply for ��xvi�� �����on�. O�ce � sign
advertising gasoline sales on the pre�ise� i� ���t�b�ed, it would be
impossible to restrict gasoline purc���e� to p�tson� of th� c�r w�sh
only.
City Attorney Anderson �tated ths�, in vbewing �hg r��en�ly adopted
City Ordinance 002(b), he found that one �nd �he sa�e U�e Pexcnit allows
caution not only a car wash but also ��ervice �t�ti�n �s the us�� had been
by city grouped together and that it woubd be at the dis�retion �f th� Co�nissioners
attorney to realize the danger of this groupi�g of u�es a�d c�ange the verbiage
of the Ordinance to preclude misintexpret�tion in t�e f�tux�.
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Minutes of the Planning C�nmi��ion Septea�be� 2� ��6� IPC-19
�80,000.4
Application 21-U-68 conted �page 5
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Assistant Plannex Nuzum read the n�inut�� �� tk�L� J�a� �4� 1966 �eeting ��inutes
at which the application for the car wa�h w�i� gx��r�� ����� �'l���i�� ��'��d
Gommission Resolution No. 363. �
Attorney Anderson felt that the proposed ��er�l ��������1 Ordia��nce �
should be studied carefully and in-depth p���ic�.�a�ly sir�ce it con-
tained several �'and/or" references �rhickn, ac�orciing t� a x�c�ant r�ling �
by the Supreme Court, is inad�i�sable and irc�rrec� a� a ma�ter �a� t�orney's
either be conjunctive or disjun�tive hext n�t b�t�ao I�. A�d�r�m� f�lt caution re
that this Ordinance should receive careful co�sid�r��;��m� prior to any ex°bi�,g�
further action on this or other matters.
The Comcnissioners asked that the staff supply the�n with �he taaclsground
data; i.e. all minutes, recaps of convers�tioa�s �aacl t�ae like, to x°�fresh
the Commissioner�� memories relative to the �hisaki�ig �f the Commi��ion ateri�l
at the ti�ne the origia�al application w�� apg�ovecl, �p���fically refex°- .requested
ring to the meetings of July llth �a�d July 25tta 1966 wb�la conditions
A. and C. `
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Members of the sudience asked question� relativ� �o �ka�s �pplica�tioan, �audience
all of which were answered by �taff aaad the Commissi�a��r�. �qu�stions
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Mr. Burrell Leonard �f 19165 Pruneridge tivenue, Saa�t� Cl�x�, stat�d ;
that he had carefully listeaed to all present��io�� ar�d p�fa�t� raised s
and that, in his opinion, the Cocncnission w�s confrommted with deciding "`
�hether or not this application s�rv�s the putalic w�b£a�°e and the st�t��nents
public's needs; does it px�u►o�e the heal�h �n�i ��iE��y �� tYae c�tizea�r,y by �nember
and does it promote the v�lue �f the neigh�ozhood. k�. L�on�rd cited of audience
a recent application where �he princi�als 3�ad pr�a��,��d t� �dkaere to c
the plans as submitted but had subs�qu�a�tby buil� ��oaa��r�c�ion f�x
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belcsw the indications given.
Commissioner Irwin moued to clo�� the panblic he�ring. Co�wiss3.�ner �poh.
Puetz seconded and it was passed unanimo�nsly. :closed
Commissianer Irwin u�oved to deaay Appbica��.o�a 2b��J-6�, ����-��i����' 21"ld`6$
Hirshon seconded, Commissioner �net� �bs�a�.ned w���n t�n� ¢�an��ification d�ni�ai
that he was not completely convin�e� tk��t the ex����.�g �rdia�nce
clearly covexs the situ�tion �t ka�ndo
AYESs Commis�ioners Irwin, Iiix�kamn, �ut��.��a�h Fr��.��ka �x�ll call
NOES: None on vote
ABSTAIN: Commissioner Puetz
ABSBNT: None
Chair�nan Frolich calbed � recess a� 10:15 �o�o recess
The meeting reconvened �t 10:20 p.�.
page 6 Minutes of the Planning Commission Sep�e�b�r 23 b968 PG 19
80,000.4
Unfinished Business
81,004.124 Senior Planner Laurin reiter�ted th�t, at �h� pl�asu�e �f C�is Cocnmission,
placement the proposed Ordinance 220(k) regulating Gener�l ���������1 (CG) zones
on agenda would be discussed under Public Iie�rings �t th� O�to�e� b7, �96� meeting.
Chairman Frolich reminded hi� f�llow Co�ai�sionex� that ��� City Council
joint had asked for a joint meeting prior to the regular C��y C�uncil meeting
meeting on Monday, October 7, 1968 at 7:30 p.�.
Prior to commencement of diseussion� among the CQ��issi�ners, Mr. Burrell
Leonard cautioned that the Commissioners, i� theix ���siderations of
Ordinance 220(k), should be conc�rned with the C�ty°s dependency upon
people who come to this are� with �izeable i�vest�e��s. It w�s l�c°.
audience Leonard�s opin�on that, inasfar �s possible, c�ntxol �hould basically be
comments maintained by a well thought-out Ordinance �nd not �� interi� one, and
that the Commissioners should strive for an Ordin��ce th�� i� co�pletely
satisfactory in every case and a�tempt to have �hi� governing body looked
upo� as a government of law and not of whf�s. Fu�ther, t�a� once the
discussions cease and the Ordinance i� found to be �ound, �11-encamp�ssing
d enforcable, no deviation fro� t�� ve�y 1��ter ������ be all�wed,
affording every citizen the �ame fair advant�ges �eg��dl��s of circum-
stances and application.
There followed considerable discussion, led by Ch�ir��m �xolich. Among
other items, the proposed requirement of � Use PexTnit for drive-in
discussion restaurants was discussed. Some �e�ber� of the C��a���ion sugge�ted
of use that this requirement be extended to ��1 �estaux��t�. �hair�an Frolich
permit on the other hand questioned the value of � U�e P�a°�it for sevexal
use�, including drive-in restaura�ts. O�ce a U�e Per�it has been granted,
it is next to impossible to use t�e threa� of ��voc�tiom to c�rrect un-
satisfactory operation or mainten�nce.
Ord.220(k) The Commissioners decided to pl�c� Oxdisn�nc� 22���C) aaaadex "Public H�arings"
slated for at the October 17, 1968 meeting of this bo�y. Tka� pre��nt draft, possibly
hearing with some minor adjustments, would be d�i��riba���ci t� interested parties.
81�004.122 Senior Planner L�urin �dvised the Couimissi�ners that a a��w dr�ft for
placcd Ordinance 220(�) regulating Light Industri�l (d�.) zoxae� �ahieta h�d
on agenda received in-depth study and consid�ra�i�aa, wo�abe� �ae p����d can the
October 17, 1968 meeting agend� under "U�nfaaai��a�ecl �^as�sae��".
There was no new business.
new Commissioner Irwin moved, Commissionex° Puetz �e�conded ��nd it was passed
date una�imously to adjourn this meeting �o Oc�ober 13 19680
ad�ournmen The meeting adjourned at 11:25 p.cn.
APPROVED: �
ATTEST:
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PLANNING DEPARTMENT /s/ Don�ib� Ao Frolicta
C1�a i�°aia�n
�(.��, ���,�i(>1�1 /t.�
Senior Planner