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PC 11-25-68 CITY OF GUPERTIT30 State of California 10300 Torre Avenue, Cupertino, California 9501�- Phone : 252 -�+505 PC-23 80, 000 . �+ MINUTES QF THE REGULAR �EETIN� �F THE F�,ANNIN� COMMISSION HEI,D NOVEN�ER 25, 1968 IN THE COUNCIL CHAMBER�, CITY HAi,L, CUPERTINO, CAL. The meeting was called to order at 8e03 p.m. by Vice Ghairman call to order Hirshon, who subsequently led the assem�rlage in th� flag salute. flag salute Commnissioners present: Irwin, Buthenuth, Puetz, Hirshon. Absente Commissioner Frolich. Also presente City At�orney An�derson; Senior Planner Laurin; Assistant Planner Nuzum; Director of Public Works roll call Finney; City En�ineer Boyd; staff inember Jerry En�; Recording 8ecretary Lucie M. Matzley. Commissioner Puetz moved, Commissioner Irwin seconded �nd it was passed unanimously to approve the minutes of the November 12, �g68 minutes meetin� of this Commission as printed. approved Senior Planner Laurin told the Co�unissioners that he h�,d �. draft for Ordinance 220(j) regulating Light Industrial (ML) zones. However, request for Chairman Frolich had indicated that he could possibly get certain deferral needed additional information. Mr. Laurin requested permission to continue discussions of this matter to the next regular meetin�. Commissioner Buthenu�h' moved to grant the Senior Planner's request, 81,004.122 Commissioner Irwin seconded and it w�,s pa�sec� unanimously. continued Senior Planner Laurin advised the Commission that the second Planning Commission meeting for t�e month of Decemb�r �would fall on planner's December 23, ig68 and suggested tha� this meeting be canc�lled as reminder had been done in previous years. Some discussion ensued on the legality of conducting but one meeting in any one month. Commissioner Irwin moved, Commis�ioner Puetz seconded and it w�s passed unanimously to give a m�.nute order �irective to t�e City research Attorney to research the legality of 3isposin� with one meeting requested during December. Senior Planner Laurin advised the Co�nission that he was in receipt of the following taz°itten communications: l. Letter from the County Dep�.rtment of Public Works rela- written tive to Application 24-TM-68 on the li�ted agend�.. communications At this point, City Attox°ney Anderson had in�terpre�ed the Ord.inance creating the Planning Co�ission, by which at le�,st one regular meeting a month shall be conducted. Attorney Anderson suggested ordinance that the cancellation of the Dec�ember 23, 1968 meeting be adver- interpreted tised, that a notice be posted and that a staff inember be in Cha.mbers on the evening of the cancell�d meeting to advise possible audience members that the meetin� had been cancelled. page 2 Minutes of the Fl�nnin� Commission N�v�m��r 25, �.968 PC-23 80,000.� Written Com�unic�tion� cont It was the consensus amon� �he Comm�ssyon6rs �,hat �he final d�cis3on decision relative to the Dec�mber 23, 19�8 me�tzng b� m.a�E �� t�e next meeting deferred of this Commission, scheduled fcr ��e�m��r 9, �9�8 2. Conununication from the S�nior Pla�ner to t�2� Commissioners definin� a telephone m�ssa�e received from the City Attorney in connection with th� G�n�ra.l Commerci�.l (CG) Or�dinance communi- discussions on the listed �.��nda. Mr�. Laurin �uggested that cations this memorandum be read �n conju�ct3on wi�,� t�i�e (CG) Ordinance continued discussions; the Commissi�r?�er� �greed. 3. Memorandum from the Plann�ng Department to t�e Commissioners relating to problems encount�red with Tentative Maps. Commissioner Buthenuth moved, Co�unis�ioner Irwin seconded and it was agenda passed unanimously to discuss the latter merr.or�,a�dum under "New placement Business". Senior Planner Laurin advi��d th� Comm��,ss�on�ers �k�at A�sistant Planner Jim Nuzum will be leaving the employ of ��.� C�ty of Cupertino on December 6, 1968 to take up a p�sition as Associate Planner in Newport assistant Beach. Mr. Laurin expressed his deEp regret that Mr. Nuzum was leaving. planner to bir. Lauri n further stated that the City M�anager had recently employed leave city Mr. Jerry Eng for a temporary project, but that he possibly might be continued as an employee of th� City to assist the P�anning Department when Mr. Nuzum leaves. Vice Chairman Hirshon felt that the GwVy Council shoulsi be apprised bouquets of the fine work Mr. Nuzum has don� for the City of C�upertino in general and for the Planning Commission ln p�.rticul�.r. messa�e to Commissioner Buthenuth moved to rel�,y t�x� fe�lings of° this Co�runission to council the City Council for their �urther a�t�on. Co�unissioner Irwin seconded and it was passed unanimously. Dr. Tom Fast, on behalf of the Sant�, C3.ara County Pl�.nning Policy award Co�ittee, presented an aw�,rd which h�.d b�en g�.v�n �o th� C�airman pre�ented �d members of the Planning Comzri�sion �,� �re].1 �.s �o tY�e members of the City Council for mer�,torioas se�vi��s to intercity relations. There were no other oral commun�cat�.�c��. Public Hearin�s 24-TM-68 A. Application 24-TM-68s pnne S�.ic�, JoYin E. Saich and Ditz-Crane; legend Tentative Map, approximat�ly 31 acres located north of Uni- versity Way, eas� of Southern Pacific Railroad, and west of proposed Ste�rens Freeway. First He�ring �on�inued. Mr. George Ditz presented the rev:�sed �„nd �,mended Tentative M�ap indicating revision that, after numerous conferences w�th staff all prob lems had been solved presented to the satisfaction of the staff inembers. Minutes of the Planning Corilrrii���on No�em�er 25 1968 PC-23 80,000.� Application 2�-TM�68 cont'd p�ge 3 City Engineer Boyd explained tha�, N1�°. �i.t�; ��ad �ct wi �.is depart- ment and all previously exi�t,ing ��°ob2�m� ��,d �i�°�tuall�r be�n �olved. Mr. Boyd stated that,in hi� opin�.on� str�:�� impr�vem�nt should not be required on University Way but only tho�� impr�o°�r�m�nt� nec��sary staff report to provide sufficient controlled dr�.inage fc�r th� a�°��.� �nd that on improve- temporary access ro�.ds be �tipul�.ted as �uc� fo�° potential hom� ments buyers, In addition Mrm Boyd suggest�d tha� on� o�her stipula- tion be placed on the appro�va�. of the �pplic��ion; i.e. that water lines and water servic�s f�.cili�i�� be p�.�.c�d to the sa��.sfact�on of the City Engineer's Dep�.s°t,m�nt . Commissioner Buthenuth queried if the St�.te had been contacted rela- tive to the improvement of Peninsula Avenue, The answer was affirm- state commit- ative with the e�cpl�,nation th�t Mr. Ditz was purchasing the land ment queried from Mr. Saich and the ��.1�� �.gre�m�n°t stipul��ed t�iat the St�,te has provided for the improuemen Director of Public Works Finney �.gz°e�d w� the City Engineer but cautioned th�t the provided acce�� roa� on th� revised ��ntative Ma.p does not provide a pedestr�.an w�.lkwaye It was Mr. Finney's �pinion that a temporary sidewalk would ne�d to be installed for the sa�ety sidewalk of all area residents, especially �chool. children. According to NIr. requested Finney, the revised map sol.ves � 1�t of pr�bl�m� previously in existence and only a few minor ma.tters need to be ��ken care of. City Engineer Boyd stated t�iat �. 15' d�dication at �h� south�rn boundary (University Way) �hould b� r��ue�ted �� �. pu�Iic ro�dway staff but not as a public �treet w�ich �hould b� re�u�.�ed to be paved suggestion with road oil and a berm, but not �,ccep� t�e maintenance of the strip. City Attorney Anderson c�.utioned �ha� it �rould b� unw�.se to �.sk for a dedication of a sub-stand�°d street and refrz�� to �.�cept the de- dicati.on stating that, if �he City stre�t �� con��ructed to City standards then the City is require� b� law to accep and m�,intain counsel it since the approval o�° th� f inal m�„p �ait� �. de�.i��tic�n of a sub- cautions standard street without the �ccept,�.nce �f t�i� an��.ntenance would con- stitute �n automatic litig�.tion. City En�ineer Boyd agreed wit�l�e City At��orn�y bu�t d�fined his pre- vious statement by explaining his propo��,l t� me�,n th�,t this would statement be an easement for a publ.ic �°i�ht of w�,y whick� coulcl be accepted as defined such, but not accept a deed of dedication of road�aay. Director of Public works Finney agre�c� ���,t�n� t��,t his department does not advocate that this would be ����,nd�,rd metho�. of doing things but merely a solution to a partieul�,r problem the City method encounters in its de�,lings with the County. Ac�ording to Mr. Finney, explained :i� is entirely up to the Count� to decide if they wi1.1 �ive �t�e additional space to make thi� � standard street. page 4 Minutes of �he Planning Comm���ion Na�ernbe�� �5� �g68 PC-23 80,000.� Application 24-TM�68 �ant'd Considerably more discus�ion en�u�d on t��� sub��c�. C�cmmi��i�ner Irwin discussion recapifi�,u�� the City's �°ec����t� �.� th:��� f�� w�,��r �n�. clrain�,ge facilities, temporary acc��� ro�c� �.n� �?�� imp�°o���m�nt �f Uni�re�°sity Avenue indicating that ev��yt�h�n� e�s� h�d al.�°�ady be�n stipulated. City Attorney Ander�on c�.uti.oned °�h��t 1) t�� City �houl� not accept counsel's ��hing unles� it has be�n brou�ht up t� st�,ndard �.nd 2) such accept- opinion ance would constitut� �. c�nting�nt liability fo� the 4ity. City Engineer Boyd �.�r�ed �.nc� �ai�l °���t '�e dicl not wish to present this definition method as a solution but m.er�ly a met�od, ancl that °the City would not ne�lect the main�ten�nc� of th� �trz�t entirely. When Vice Chairman Iiirshon asked for audienc� comm�nts, Mrs. Anne Anger audience stated that she was at a los� to unclerst�,nd why t�°,��e problems were comments suddenly in existence �,s �he had be�n �.n attendance at joint City- County planning meetings where al.l probl�ms had apparently been resolved. P•h• Commissioner Buthenuth moved C�mmi�sioner Pu�tz ��condec� and it was closed passed unanimously to clos�e the pub�.ic h��x°ing. Commissicrner Iz°win moved that a le�t�er be written to the County advice to pl�ning Department defining this Commission's disple�sure in having to county pass on Tent�.tive Maps that are �n �.ny way �.n�omplete and voicing this requested Commission's objection to - th�s Tenta�ive Map befo�� them. Further, re- questing that a clo�er rel�,tions��,p b� ��tablished betwe�n the City and the County in an effort to �°esol�e these ma,tter�. Commissioner Puetz seconded and it was pas�e�. iananim��z��y. 2�+-TM-68 Commissioner Irwin moved for �pg�°o�al of Ap�l�,.cation 2�+�TM-68 as amended approved under date of Nov�mber 3 1968 �ubj�ct to �,he 12 �t�.ndard Conditions, with with the following �dd�,tion�,1 cond�.t:,on�o �.�� �h�,� th� clrainage and conditions water lines be pl�.ced to �h� ��,tisf°�.c�icn of t�he �ep�,rtment of Public Works; 1�+) th�,t the temperary �c�e�� s�oad b� �, maximum of 2�+' plus shyways c'�ykes and walkway�� �nd �h��, �i�n� po�nting to the °�emporary nature of this �°��,d b� pl�,c�cl on b���i ��c��� �f` ��m�; 15 ) that University Way shall be improved to a���nd�d �cc�pt�,bl� te� th� Department of Public Works; 1.6� �h�.t �, f�nc� �,long U��,�re.r�ity� W��r be installed similar to that on Somer��t Sqaas�e� ��j t��t th� .:en��ruction of Peninsula Av�nue b� as indic�.°��c� �on °��e Ten�,a��.v� Map, to be constructed when the tempos°a.ry �cc�ss �o�,d i� r�mo�recl �,nd. �ha� bonds be provided for that purpose. Commis�ion�r Bu�thenu��n ��conded. Ayesa Commission�rs Irwin� Bu��a�nu�h� Pu�t�, Hir�hon Noesa None Absent: Commissioner Frolich Vice Chairman Hirshon �dvi�Ed the applicant t��.t t,�hi� m�,tter would be before the City Counc�l �,°� th�i� December �.6 1.9�8 ���tin�. recess The Chair ordered a rece�s at 90�5 p.m. . Minutes o� the Planning Commiss�on Nov�mb��° 25� 1968 PC-23 80,000.4 Pa�e 5 The meeting reconvened �t 10a00 p.m. B. 8i,004 .124: Ordinance 220( ) amending Ordinanc� 220 and 81,00�+.124 regulating General Commereial (CG) �anes. Firs°� Hearing legend continued. Senior Planner Laurin submitted trie third dr�ft of the Ordinance and suggested that the individu�,l section� be discussed separ�tely so third draft that a final draf"t could subsequen�ly be submitted. The Co�unissioners submitted agreed. There was considerable discussion on the memorandum whieh had been submitted by the Senior Planner with �. suggestion - tow�rd the proce- discussions dure paragraph in the General Commercial Ordin�,nce. Commissioner Irwin moved, Commissione� Puetz seconded and it was p.h. passed unanimously to close the public hearin�. closed Commissioner Buthenuth moved that an �dited versi�n of Section 103.4 inclusion of as suggested by the City Attorney be included in �h� Or�.in�.nce; the counsel's Ordinance shall al.so include a provision for notices of �,ctions �to suggestion be taken by the Plannin� Commission to be advertised in t�e official requested newspaper of the City. Commissioner Puet� seconded �,nd it was passed unanimously. Commissioner Buthenuth moved th�.t the �hird dr�.ft �.s submitted be re- 81,00�+.12�+ drafted to a final dx°aft and presented �� �he Plaxuz�ng Commission third draft under "Unfinished Business" �,t the next, me�tin� for� approv�.l. Commis- accepted sioner Puetz seconded and it w�,s p�,s�ed un�.rl�mo�z�ly. The Chair directed to close the publ�.c he�.rin�s on the matter> p.h.'s ceased New Business Commissioner Srwin moved, Commissioner But�enut,� �econded �.nd it was 3-Z-68 passed unanimously to direct Mr. Sherm�n Cornbl•um to cont�ct the staff directive with any questions he h�,s in connec�cion w�.th Application ��Zm68 � to about which he wrote a let�er to �h�� Comm����.on. Further, �hould any applicant of�'icial action be necessit�.t�ed. �,f£er cons���ing t�ie staff °the matter shall be placed before tY�i� Comm�.ssione Citing the written memorandum fx°om Senior P��.nner I,aurin submitted to the Planning Commis�ion in conn�cticn wit,h prob�.em� encountered with Tentative M�,ps �nd other applica°tion�� M�°. Laurin �t�,t�d t�hat the difficulty arises out of applica�ions that �.re usu�lly filed shortly lack of before the deadline, which is at 5 p.m. on the Frid�y seventeen days checking preceding the meetin� of the Pl�.nn�.ng Commi��ion, According to Mr. time cited Laurin, there is no time for a checkin� �of appl�c�,tions becau�e the agenda has to be delivered to the Cupert,ino Ca�zr3er at 12 noon on the Monday following the deadline. page 6 Minutes of the Planning Commission Nove�ber 25, 1968 PC-23 80,000.� New Business cont'd code After Mr. Laurin's explanation, City Attorney Anderson quoted the cited applicable Code section regulating the submission of items for agenda placement. additional It was the consensus of the Commissioners that the le�dt�me should leadtime be increased four days to afford the staff sufficient time to , . required ascertain completeness of application exhibits as required by the Ordinances prior to news media publication of same. leadtime Commissioner Buthenuth moved that a 21-day period o�' leadtime be increased required for all applications and that this requirement be included in the manuals of all departments where publication is required. Commissioner Puetz seconded and it was passed unanimously. ad�ournment The Vice Chairman ordered the meeting adjourned at 12000 midnight. APPROVED: `,� . �� , f ATTEST : � �i�� i f ��,�.�``�� s�- Jack T. Hirshon PI�ANIVING DEPARTMENT Vice Chairman , �i��4u� �C.G'(.fil/�v1�M Senior Planner