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PC 10-28-68 CITY OF CUPERTINO, State of Cali£ornia 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 PC-21 80,000.4 , MINUTES OF THE REGULAR MEETING OF THE PLANNING CC1rIIr1ISSI0N HELD OCTOBER 28, 1968 IN THE COUNCIL CHAMBERS, CITY HAL�L, CUPERTINO, CALIF. The meeting was called to order at 8:00 p.m. by Chairman �rolich, who call to order subsequently led the assemblage in the flag salute. flag salute Commissioners preser►t: Irwin, Buthenuth, Puetz, Frolich. Absent: Commissioner Hirshon. Also present: Senior Planner Laurin; Assistan roll call Planner Nuzum; Director of Public Works Finney; City Engineer Boyd; Recording Secretary=Lucie M. Matzley. Chairman Frolich advised the Commissioners that Commissioner Hirshon inability had called to be excused from attending this meeting, as a court case to attend prevented his presence. Commissioner Buthenuth moved, Commissioner Puetz seconded and it was study session passed unanimously to approve the minutes of the September 11, 1968 minutes study session. approved Senior Planner Laurin stated that the minutes of the October 17, 1968 were formulated in draft form, but had thus far not been transcribed. delay in Submission of these minutes was projected for the next regular transcription meeting of this body. cited There were no announcements of postponements. no announcement Chairman Frolich advised his fellow Commissioners that he was in receipt of a written communication from the City Attorney in connect- advice of ion with a"freeze " Ordinance for drive-in restaurants. Mr. Frolich written suggested that this matter be discussed in conjunction with Item C. communication under �'Public Hearings". The Commissioners agreed. Senior Planner Laurin advised the Commissioners of receipt of a communication in connection with Item A. under "Public Hearings�', matter to be and suggested its reading combined witl� tt�e discussion of the heard later matter. The Commissioners agreed. There were no verbal comrounications. no verbals Public Hearings A. 11-TM-68: Herbert W. Regaiart Jr., et ux; Henry It. Luchetti 11-TM-68 and Noorudin Billawala; Tentative Map, approximately 23 ac. legend located west side of Regnart Road, south of Candy Itock Mountain. First Hearing coa�tinued. page 2 Minutes of the Planning Coc�nission October 28, 196� PC-21 80,000.4 Application 11-TM-68 cont'd Attorney Daniel Donovan of 20440 Town Center Lane, Cupertino, appeared on behalf of the applicants and stated that the appl�cation now in- amended corporated all the conditions placed upon it by the Planning Co�nnission proposal during the September 25, 1968 meeting. Further, that a� agreement presented had been reached with the staff in connection with the conditions imposed, all of which were contained in the amended application. Mr. Donovan continued that the only chang� on the awended Tentative Map proposal was in the fourth line from the bottom of th�t pxoposal, change in which should correctly state �by the Gity from the owner of Lot �2, ..". exhibit Mr. Donovan stated that the applicant �as offering for dedication 20' reported of the existing road ease�ent, outlined in red on the exhibit. Further, that the applicant proposed to round out �11 the sharp curves now shown at the time the final map will be filed. City Engineer Boyd confirmed that the applicant had been in touch with his department and that the submitted letter met all requirements which staff the City would have. Further, that the right of way h�d been reviewed confirmatio and that this approach would seem to be the only logical one at this time. Also, that it was the Cityos intention to postpone action on the Luchetti property, as the applicant was unable to contact Mr. Luchettf at this time. With regard to the sewers, Mr. Boyd reco�mended that the Tentative Map improvement be approved with th�s document attached as part of the �pplication; distrfict howevez,if the Regnart Improvement District goes through provision discussed shoul� be made to the extent that "sewers will be deferred until the time of development of the property". Discussion ensued relative to the street improvements. City Engineer Boyd explained that this property had been divided illegally resulting in litigation, and the City had demanded that t�e p�operty owners file background a Tentative Map, and that this approach was suggested simply to legalize data cited the sale of the lots; the City had elected to defer the i�provement of the road�as it was impossible at this time to ext�cly establish where the roads will go in at a later time. I�Ir. Boyd maintained that, as long a� the dedication was offered, all requirements of the City had been met. �Commissioner Irwin asked if there was, in fact, an improve�ent district to be established. Mr. Boyd advised hi� that petitions had been pre- questions sented to the City Clerk and the Git� Gouncil, that these p�titions were re LID being processed and that, fro� all indications the required 607o majority answered was in existence. It would, therefore, be safe to assu�e that some improvement of Regnart Road would be made in any eve�t. � � � Minutes of the Planning Com�nnission October 28, 1968 PC-21 80,000.4 Application 11-TNi-68 cont °d page 3 Further discussion ensued on the advisability of xequesting the dedication of only 20" of roadway prior to the voting on the LID. Mr. Boyd maintained that, since no development of parcel 3 was planned, no additional dedication was necessary. 1rlr. Boyd fu�ther stated tlimited street that a standard 60' street could not be constructed on this type of dedication terrain and the practical route, shoaild that road be constructed, questioned was totally contained withir► the 20 feet now offered fox° dedication and the adjacent 20 feet of roadway; anything else would necessitate massive earth movecuent. There was further discussion on slope easement and kaillside develop- ments. Director of Public Worlcs Fin�aey stated that the development staff of lot 3, whenever it takes place, shall requixe additional dedi- report cation, but anything in addition:to the 20' presently indicated woul be impractical. Chairman Frolich wondered if, in addition to the previAUSly i�posed condition 13, further conditions should be i�nposed upon the possible chairman's approval of the Tentative Map because of the peculiarities of the inquiry application and tY►e terrain. The applicant stated that he was unable to talk for Mr. Luchetti who was out of the country and that, as far as he lcnew, no develop- ment of parcel 3 was planned at this time. However, that the pro- applicant's posal as stated in provision F of the amended Tentative Irl�ap would .,_. _statements g3.ve sufficient leverage to the Gity to apply to the ownex of lot 2 at the time he files for a buildi�g permit. There were no audience comments. no comments Commissioner Irwin moved, Commissioner Buthenuth seconded and it was p.h. passed unanimously to close the public hearing. closed Commissioner Puetz moved that Application 11-TM-68 be approved, 11-TM-68 subject to the 12 Standard Conditions with �he following additional approved condit�.ons 13) per the applicant"s documex►t amending the Tentative with Map with condition F changed as stipulated; 14� ttaat sewers and normal conditio ns roadway development be deferred until the pz°operty is developed and normal subdivision requixements have been provided; these matters to be concluded prior to the issuance of a building pexEnit9 15) that th roadway between lots 1 and 2 have a forty feet dedicat�d right of way. Commissioner Irwin seconded. Ayes: Commissioners Irwin Buttaenuth Puetz, Frolich Noes: None Absent: Commissioner Hi.rshon page 4 Minutes of the Planning Commission October 28, 1968 PC-21 80,000.4 Public Hearings cont°d 21-Z-68 B. 21-Z-68/23-T1�68: Earl Pennington and Mitchell Bagar; Re- 23-T1� 68 zoning from Residential Single-family 10,000.sq.ft. lots legend (R1-10) zone to Residential Duplex (R2-4.25) zone, and Tentative Map for 8-lot subdivision. 2.6 acres located west side of Randy Lane between Forest Avenue and Stevens Creek Boulevard. First Hearing. joint hearing Commissioner Puetz moved, Commissioner Irtain seconded and it was authorized passed unanimously to allow joint discussion of both applications. Mr. Tom Henderson, Civil Engineer, presented the application for presentation the 2.5 acre piece of property. The Commissioners queried if the �pplicant was prepared to give an inquiry indication what, if anything, was planned for the small sites left on both sides of the proposed rezoniaag. Mr. Earl Pennington, one of the applicants, stated that there were applicant's two existing homes on lots 2 and 3 of the proposed eight lot subdi- statement vision, both of which would remain unchanged. Senior Planner Laurin stated that he was concerned about piecemeal planner's zoning which results in the commitment of not only the use but of concern lot size and shape in ad�acent properties, and also endangers the voiced efficiency of the circulation system. City Engineer Boyd staCed that he had reviewed the Planning Department's engineer report and that he agreed that a street should be provided for. Also concurs that, in his opinion, the proposal was one with an approach less than �maginative. Director of Public Works Firtney said that this application was akin statement to the Regnart property as ft was also attempting to legalize a previ.ously concluded illegal lot split. no comunents There were no audience comments. 21-Z-68 Commissioner Buthenuth moved that Applications 21-Z-68 and 23- TM-68 23- TM-68 be continued to the next regular meeting of this Co�nmission. The pos d motion was seconded by Commissioner Irwin and passed �nani.mously. Senior Planner Laurin suggested a change in the listed agenda to afford the applicant of item VIII A. an earlier heaxing time. The change in suggestion was made because Mr. Laurin anticipated lengthy discussions agenda ok'd of Item C. under "Public Hearings�*. The Commissioners agreed. Minutes of the Planni�g Co�rnnission Octobe� 28, 1968 PC-21 $0,000.4 page 5 Unfinished �usiness A. 22-U-6�: Stoneson Developmen� G��pora�io� and L. Burt Avery; 22-U-6Z request for o�e-yeax exten�ion of �se Pex�nit granted Novem- legend ber 6, 1967 for the constx�ctio� of a Multi�le U�it Gomplex (R3-2.2' use) in a Plaa�ned Develo��nent (P) ���e. Mr. Burt Avery of 479 Castro Sttreet, riountair► View, �nade the present- ation. He stated that, since the o�°iginal approval knad been granted, a number of problems had been eaacountered which aa�ce�s�tated this request for a oxie�year extension. Commiss3o ner Irwin moved to approve Application 22-U-67 fox an addi- 22-U-67 tional one-year pexiod with all ttae conditions as a�plied on the receives original application. Comtnissioner �uthenuth seconded. one-year Ayes: Commissioners Irwin, Beathenuth Puetz, Fxolic� extension Noes: None Absent: Co�nmissioner Hirshon At this point, the meeting reverted bacic to the origiaaaal listing on reversion the agenda. to agenda C. Ordinance 220 () amending Ordiaaance 220 and regulating 81,004.124 General Commercial (CG) �ornes. Fir�t Iiearing cosatinued. legend Considerable discussion ensued among the Co�nissioners aaad it was their consensus that the second dxaft be reviewed page by page for staff to individual or collective suggestions. Further, that the staff shal�. formulate formulate the correct wording for Oxdinance purposes prior to the verbiage final presentation. Several suggestions were made for isaclusion ox° exclusion in the final presentation, all of which wex°e noted and will be incorporated in the final recmmroendatioza. Oaa the mattex of '�drive-in establish- ments", City Engineer Boyd suggested the following verbiage: " A suggestion drive-in restaurant is a restaur�nt in which a substantial portion for wording of the business conducted is ori�a�ted toward the services of food which may be removed from the pre�ni�es �r consumed outside the en- closed portion of the structure". Commissfoner Buthenuth moved to coantinue di�cussion of this draft 81,004.124 to the November 12, 1968 meeting. Com�ni�sion�r Irwia� �econded and continued it was passed unanimouslye Chairman Frolich read the lettex° fr�n ttae City Attoxney in which a one-year freeze on the matter of drive-in restaurants, etce was chairman objec� proposed. Chairman Frolich agreed im part with the letter and the to imposition proposal but felt that the eacf�ting rlcDonald applicatiora should of moratorium not be subjected to the prop�sed E�ergea�cy Ordinance, as the applic- for McDonald ation had been through the variou� agencies and it would be unfair application and un3ust at this ti�e to impose the pro�osed moratorium oxa the McDonald application. page 6 Minutes of the Planning Commission October 28, 1968 PC-21 80,000.4 Ordinance 220( ) cont'd Commissioner Irwin agreed with Chairman Frolich that the McDonald appl�:cation should be excluded from the provisions of the Emergency discussions Ordinance for the reasons stated. Commissioner Buthenuth, however, among felt that he was not convinced that the location for the McDonald commissioners proposal was a good one and that applicants have to expect changes. in circum�tances as might be directed by the governing bodies of the communities in which they wish to do business. Gommissioner Puetz agreed with Commissioner Buthenuth. Emergency Commissioner Buthenuth moved to reco�nmend, by minute oxder, the passing Ord. 417 of the Emergency Ordinance No. 417 to the City Council. Commissioner recommended Irwin seconded. for approval Ayes: Commissioners Irwin, Buthenuth, Puetz, Frolich Noes: None Absent: Commissioner HiXhson � The Chair moved that the Planning Commission recommends that the limit- mntion by ations of the proposed Ordinance No. 417 not be �pplied to the McDonald chair dies application, considering the time element in connection with that application, and that the application w�s presented in good faith. The motion died for lack of a second. Unfinished Business . disposition Item A. had previously been discussed and approved. 81,004.122 B. Ordinance 220(j) regulating Light Industrial (ML) zones with legend particular attention to performance standards. 81,004.122 Commissioner Buthenuth moved, Commissioner Puetz seconded and it was continued passed unanimously to continue discussion of ttais matter to the next regular meeting. no new bus. There was no new business. motion to Commissioner Buthenuth moved, Commissioner Puetx seconded and it was adjourn passed unanimously that the meetirag be adjourned. adjournment The meeting adjourned at 10:50 p.m. EIPPROVED : ����� ATTEST: /s/ Donald A. Frolich Chairman PLANNING DEPARTMENT ��� �M Senior Planner