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PC 01-10-66 10321 Sou�2Y S�ar_�atogawSL.rin;��ra� e Ro�.d Cupertirio, Californ��., _.9501�__ _____.�.�_.____�,_���r�or�eF����2_��?�5_-____ ___.�_ _ ____ �� L PC-R1 C I T Y O F C U P E R Z' I N O , Gal�.fornia NIINUT�S U� THE REGiJLAR MEETING OF THE PLANNITIG COI�iM:I�SION January 10, 1966 8 :00 P He1d in the Boar.cl Room, Cupe Elementary Schoal ,Distr.ict, 10300 Vista Drive, Cupertin.00 � I SALUTE TO THE FLAG II ROLL C.!�I�L<: Minutes of the p:!'evs.ous meetings : � Dzcember 7 and 13 1g65 CommO present: Frolich, H�.rahon, Horgan, Traeumer (8010), Johnson Comm. absent� ilone Staf� pr�esent : City I'-�ttorney, Sam Anderson Diro of Public Works, Frank Finney Dira of Pl4.n.ning, Adde Lauri;l Ci �y En ;ineer, �3ob Sho�k Ass�stant Planner, Jim Nuzum Planning Dept. Secretary, Perry Gough Recardin� Secretary, Lois Inwa�ds �omm. Frolich had the following corlections to the MinuE�:� of Dec�mber 13 1965 �Pa�e 8, a£ter his statement about mixed feelings on this latter mo �ion, add the following, ". . ��.izd also so tYlat; ii � the City Counci�. chooses to not require the Alp3_ne co.1- nection the school path would not be lost Page 6, on the advi:e of the City Attorney, the third paragyaph from the bottom was stricken from the M3.nutes e The Assistant Planner r_oted that the last page of the rough draft, cont�,�ning the Unf:inished Business, was in- advertently omitted from the final copyo Chairman Joh�z�on re�,d it aloud, It wa,s as follows : ` VII UNFINISHID BUSTNESS , , The D3.r. of Public I�Torks said he has a problem with Ord ��7 . - Revised, w:hich he thinks he can solve, with the Commiss:�.on'.� � help., He referred to Sec, 3.3� lzn'cative AZaps� He � �;.�� Tentative Maps t�ust be in to. City Hall for review one wQ�t: before the schedu7_ed Iiearin,go Quite often a developer wi�.l bring in one that is incomplete and promise �o have it completed by i�he time of the Hearing. This gives t11e staff no time to r.eview it. -1- -. - - PC-R1 Minutes o.f the Han, 10 �966 Plannin� Commissio�i MP.Pt y.rsg The Director suggc;sted tn? follow ng : '?'ne Chal?�mar� could� at the beginning of the Hearing, �sk 'che C��.�cy Pl.a.nner an�: City Eng3neer i f the � Tentative �Iap conf�rr��s with �t�he Ord•- inanceo This will give the staff the opportunity to brir.g out the facts of the case�" Moved by Comm. Horgan, seconded by Comm. Hirshon, to ap.prove the Minutes of December 13 1g65 as correetede Mo'cion ca�rried, 5-0 Comm. Frolich wished to add the following to the Min�ates of December 7, Zg65 at the end of the fl.rst sentence, first paragraph, on page 9: ",o.�o require in this particular case." Moved by CommQ Frolich, seconded by Comm. Hirshon, to approve the Minutes of December 7, 1965 Motion car ,�+-0 C�mm. Traeumer ab�tained IIS APINO�CTI`T� OF POSTPOIVEI�IEP?TS, ETC. There were none, IV WRITTEN CUP�MTJNICATIONS 1. Letter to the Planning Commission from �ohn W. Cecil, in regard to a service station application for McClellan and Stelling, �eing reviewed by the County Planning Commissiono Chairman Johnson suggested this be referred to the City Manager and the City Council. Commo Frolich would like to call this to the atten- tioi� of �he City Council so �hey can, if they so desire, call this to the attention �f the Board of Supervisors. The staff might respond to this, indicating �he ob- �ections raised by the Planning Commi�s Comm Traeumer felt a Planning Commission member should be present at the Board of Supervisors' meetingo The AssistaMt Planner said it will come up in 3 or � weeks He will apprise the Planning Commission of the definite�date. The �ity Attorney cautioned that all our '!nstructions to represent the City should come from the Cii�y Council since there is no "�oint powers" clause in the Ordinance -2- PC-R1 � Niinutes of the Jan 70, 1966 Pl�.t���i��� vomm:..� nRA�ti.�j Comm Frolich askea 3f tYi:is also 1nclt��.ec1 �.ctce:c�s wr�_tten by the Pl�.riring Corrimiss3or.lq The C��ty Att�rrley said it woulc� be best to obza.in auth�r�_zation from lche City Cou.ncil m � , MINUTE ORDER: Moved by Comm, T?^aeumer, seconded by Commo Frol�cli, to inform the City Counc� 1 the Plannir�; Commission would appreciate thA Cotzncilmen's attendance at the 13oarc� of Supe.rvisors' meeting so they might . voice Cu�ertino's views on this applicatj_on, aizd to authorize certain members of �he Ylarining Commission and sf;aff to go to the meet�ng, alsoe Motion carried, 5-0 M.IrNUTE ORD�R: Movec� by C�mm. Traeumer, seconded by Comm, Fro].ich, 'co request the Cifiy Council to write a letter to �upervi�or t�alph MEhrkens, voi.cing the City's opini�n on this appl3.cation. PR�tion carried, 5-0 It wau suggESted that somewhere on the agendas there should be a place for the Plannino Director to give the results of A'I�.nute Urders sent to the C3.ty Councilo The Chairrnan felt the Direc �or has been �oir.g an e;Lcellent follova�up �ob, . Cornm. Hirshon noted that it is the function of the Planning Commi:ssion to m�.ke recommendat:Lon� to the Cour.cil, H� added, however, that this does no��preclude Plannin� Commissioners, as individual citizens, f.rom stating their opiriions. V VERBAL COMMUIvICATIONS � _ � A. The Director of Plannin� introduced the new secreta�y for the P3anning Department, Mrs. Perry Gough. Bo A new compilation of Reaidential Zone Ordinances was pre"sented to the Plannirig Conmissioneru, They wel°e asked 'co retur.n the old copi�s, C. The Assistant..Planner has been working on a new Zonin�; M�p for the City; samples have been mailed to the Commissioners. —3— YC�Rl Minute� of thP_Jan � 1966 , _P1ann7.ng Meetirg VI HEARINGS SCH�DUL�: 9�Z-65 A. B�ATTY; Application for Rezon�.ng of one acr.�e from 7-TM�65 R1--1.0 to Rl-7 e 5, at Scenic Blvd, t�lso Ten'cative � Mapo Postponed Hearing resumede Mr Hal Provence, 188� Pendergast, Cupertino, represented the applicanto Comm. Traeumer asked what is going to be done with the surrounding lots; only Lot l0 is be3.ng d�_scussed at this tim2o The Assistant Pl�.nner read the previous pi�oceedings frorn the Minutes of May 2� 1g65 He said there are large areas of 7,500 sq ft. lots near here. He feels the zoning �hould be considered separately from the Tentative Map. He has physically chec��ed the lot anc� it is possible to construct a smal]. hc�use on thia lot with the stand�.rd setbacks, The Director o:t' Public Works asked if the impi�ovements would be requirEd at this time, aizd to whafc extent should they be ins'calleda Comm. Hirshon �.�ked about the 3' setback between Lot 1 atld tlie exist:ing ga.r.ag�, The A�sistant Planner said th� s is in accordance with the Oz�dinance. Comma T�aeum�.� asked �f Lots 13 and 13�1 have been sold yet, Nr. Provence did not have this informa.tion. Comm. Frolich asked if the street alignment has been decidecl upono The City Erlgineer read a letter. from the County regaraing this. The County feels this alignment is feasible. Chairman Johnson asked for commen'cs from the audience. There were none. Moved by Comm, Traeumer, seconded by Comm. Hirshon, to close the Public Hearings. AYES: Comm. Frolich, Hirshon, Horgan, Traeumer, Johnson NAYS : ldone Motion carried, 5-0 Moved by Comma Trueumer, seconded by Comm. Hir.shon to ap- prove application 9-Z-65 with the 12 standard conditionsa AYES; Commo Frolich, I-�irshon, fiorgan, Traeumer, Johnsor�. NAYS: None Motion carr3ed, 5-0 _1�� PC•-Ftl Minutes of the Jan. 10, 1y66, Plann3ng Commia�ion Meet:i_ng 7-T1�I-c�5 was Continued to the n:e:�t regular meet.Lrlg and the applica.nt is to get together wif:h the staff, since the �l'er�tative Map does not comply w�.th tkie regulations m 19-U-65 B, RICHFIELD OIL CORP : Application for a Use Permi_�, for a Service :Station, nortriwesterly corner of Wolfe Road and.Richwood Dr3ve. First �Iearinge Mr. Bill Malpis, Richfield Oil representative, said tha_s is part of ,a neighborhood complex; a market and an ice cre.am store are being constructed here; Mayfair Market, a drug stor.e donut shop, etc., �,re already in busines: here; there is professional office zoning across the street. Mr. Ma].pis sa3.d they are pr.oposing a rustic architecture and displayed a render3.ng of this proposal. The Assistant Plariner said this is the remaining vacant I.ot here. The median strip on Wolfe Ro�.d would elimir.ate possibility of lef�c=hand turns and would control the ingress a.nd egress, Comm. T:��aeum�r askec� hoU� mar�y gas stations are pre�ently in Cup�rtino� The Assistant Planner sa3.d there are 22. Comm. Hirchon a�ked w�iether the applicant's company has made any surveys as to what business volume to expect here� talc�ng in�o consideration.there�are already 2 service statior�s 3.n very close proximity. Mr, Malpis said Rich� field has no stations in. that area and feel the need for on�, Chairman Johnson asked for comments from the audience. N�r. David �i3.11, 10461 Davison Avenue, Cupertino, reque�,tEd this application be denied, on the basis there are alre�dy 2 service stations at that intersection. He does not feel this is a prope� place for one, He saw no benefit to the City to have this property developed now, since the street improvements are already in. Moved.by Comm. Hirshon, seconded by�,Comm. Horgan, �,o close the Public Hearings. AYES: Comm. Frolich, Hirshon, Horgan, Traeumer, Johnson NAYS: None Motion carried, 5-0 Moved by Comm� Hirshon, seconded by Comm, Horgan, that application 19-U-65 be denied because it does not promote the health, safety and welfare of Cupertino. AYES: Comm, Frolich, :H3.rsrion, Horgan, Traeumer, Johnson NAYS: Nori�e Motion carried, 5-0 Chairman Johnson advised the applicant of his right of appeal� _5_ P�-�Rl M°�rlutes of the Jano 10 '1y66, P].anri3r.g G�mm:i_ssiu�i Meeting 20-U-65 C, DR, JAMES L P�1LI�IERe A�plicat3.on fo_r� a Use Per_mi_t to conduct an Electronics Research and Development oper�,tion in an existing building, in an R1-10 zorie, First Hearing Mr Archie Siver said he is the owner of this property ar.d has spent a great deal of money 3.mp}�oving it, He said Dr Palmer will make his residence at this same address. He said it would create a hardship if this application were denied The �lssistant Planner said it is a very well constructed slzop. It is up on a hill and is almost impossible to see from the road, It is neat and clean appearing, There is an approved Use aa a Plumbing Shop here, The staff recommends approval with a 3-year time limit, since there may be development of the ad�acent praperty within that time. Mr. S��ver said the lease wI.11 be for 2 years� The Director of Planning said that, normally, w2 try to get rid of non-coniorming uses. However, this could be a good way to encourage �.n industry in the City by letting them u`e an e�,isting building for a limited time, say, for 2 or 3 years This electron�_cs research would be an improver,��nt over the previoua plumb3_ng establishment. Dr James Lp Palmer, 216 Creekside Drive, Palo Alto, said he proposes to do research and asserrbly of small electronic devices, w;_th possibly 3 or � employees, He emphasized they will use only the existing facilities and will use very small machlnery There will be no noise, dust or smoke, and all work will be dc�ne U�ithin the building There �,re adequate parking facilitieso The Director of Public UJorks recommended a dedication of 10' right-of-�way, with improvements to come at a later date. The Assistarlt Planner sa3d there are two means of access to this property and the shop area is b�acktopped. Chairman Johnson asked for comments from the audience. Mr. Edward Cooley, 22291 Cupertino Road, stated thut, because of the abandonment of the plumbing shop on this property, it has reverted to reside�tial use. This is primarily a residential area and he does not feel a light industrial use belon�s here. Mr. Harold Duerer said he has a�ot next to Mr. Siver's on the north, and feels it should be kept Rl, Tr�ey are teo close to a schocl and the proposed city park He does not feel the.additior�al traffic should be allov�ed. � -n- �-:,-� :�Tinutca of ti.zc Jar�, 10, �.966 Plarining Commiusion P'Ieet;i.rig Alice Cr�,nst, 10090 Ii:Lllcrest Road, was against :t;he isst�-- a,nce of the Use Permit and asked about TV rece�tion with an electronics f9:rm in that area Mr, J NcCormack, 10160 Hil�.cresf sa�.d the General P1an ca11s for low denaity here, and �;his m3ght set a precedent;o Mr. Morita, 1186 Mi11er Avenue, said he owns a �ot near the proper�y in question. There i� a group o�' $30,00 to $35, 000 cusi;om bu�ilt homes nearby, The proposed use would be financially detr:Zmental to the area. P�Irs, Hart, 10201 Amelia Court, said that her driveway is ad�acent �o thi� property and wondered about delivex�y trucks. Dr. Palmer said most 3.tems would Ue �icked up or delivered by car. He added that there would be no inte:rference v�i th TV. Comm. Traeumer said that, cansidering the allowed Us�, if this is turned do*�an thE alternative might very we11 be iess desirable fc�r the neighborhood. i�re S�.ver stated that he has not abandoned the property� He citec� two existing businesses on Crescent Drive -- a saddell�y and a car wrecking operation. Comm. Frolich asked �lr. Siver if he would be tivillin� to abandon the County Use P�rmit for the plumbing shop if this lise Perm�t for an electronics research and develop- ment operation is granted, Mr. Sivers said he would. Comm. Frolich was in favor of putting a time limit on the Use P�rmit The Planr�ing Department wi1.1 check on tlle status and conditions of the County Use Permit. Moved b�r Comm. Frolich, seconded by Commo Hirshon, to close the First Hearing, AYE� : Comm, Frolich, Hirsho:l, Horgan, Traewner, Johnson NAYS: Non� � Motion carried, 5-0 81, 00�4 D, CIT�.' COUNeIL: ORD_T_NANG� 321, providing regulations for Home Occupations. Second Hearing, continued. Chairman Johnson expressed his appreciation of havi ng o�her cities' Home Occupations O.rdinances available. The Planning Director suggested the Plannin� Cori�mission might indicate requested changes; he would theiz revise the draf�. -7 - PC-R]. Mir_utes of the Jano 10, 1966 Plannin� Commissio�z M�eting Mrs Juanita McLaren, local realtor, sa�_d she has, for many years, worked on land sales only, operating out o� her home. She would li:�e to set'cle in Cupertino again, if Ordinances allow her �ype of real estate business as a Home Occupation� The City �t'corney adv�ised that excluded occupa�ions be cited. He said County Ordinance NS1200 dates back tio 1956, and in some areas it is inadequate, Cuper�ino adopted this Ordinance when it incorporated ten years a�o, He advised the phrase: "such as not limited 'c00 wherever applicable. The Planning Commissioners discussed and agreed on the following changes in the Second Draft: Section 3 GENERAL REQUIREMENTS.. Insert "residen'cial" before "character." Section L� E�CLUDED OCCUPATIONS.. Add (quoting Saratoga's Ordinance)o "Doctors, dent3.sts, osteopaths, chiropractors, and other practitioners of the healing arts." Also add: "T�Iinisters of r�ligion." Section 5 STANDARDS.. (a) "Home occupations shall be confined w�'chin the dwelling; occupy not more than one half of any one floor and not more than one fourth of the 'cotal floor space. They may not occupy such space required ior other purposes such as off-street parking (b) "Home occupations shall involve no commercial sales or storage of inerchandise on the prem�seso (c) Add: "on the premises." at the end of the p�.ra�raph. (d) Acld after "vibrations": "TV or radio interference," Add: "No mechanical equipment to be used; except such as is needed for housekeeping purposes, and office equip- ment necessary for the conduct of the home oceupation." (Milpitas' O�dinance)� (e) home occupation sha1.1 not creat�, pedestrian, ,� automobile or truck traffic or parkin� significani,ly in excess of i�he normal amount in �he Zone (Saratoga's Ordinance). Business which normally attracts more i,han one car at a time shall not be considered a home occupa- tion. Parking of commercial vehicles which may be incidental to the home occupation shall be permitted only.wi�hin an enclosed structure upon the premises." -8- PC�R1 Minutes of the Jano 10, Zg66 Planning Commi�sion Meeting (f ) "No si�ns i.r�dicating a Horne Occup��.tion sh�zl]. be allowed, except where required by law, in which c�ase the sign shall contain the minxmum required information aizd shall be a non�-illuminated sign, no larger than one square foot, and shall not be placed on the roof of the Uuilding or in the required setbacks. There shall be no windova displays oLher than such signa" (g) The entrance to the space devo'ced to a Home Occupa- tion shal� b° from within the main building. There s���.11 be no internal or external alterations or construction not customarily found in residences. (FremontYs Ordinance, with some change.) Section � INTERPRETATIONa. "Whenever an application for a Business License is filed for a Home Occupation, the City Planner shall be notified, and shall make a finding, whether tlze proposed Home Occupation shall be allovaed in accordance W1.th the inten'c of this Ordinance, and shall make a repori; to t;he Building Inspector, A list of these findings shall be maintained, to ensure consistency, Uecisions by the City Planner may be appealed in writiiz� to the City Councile" Section 8 P?JBLISHI�TG CLAUSEo. Delete the words "verbatim or condensed." Section 9 INTRODUCED AI�TD �NACTID.. "Introduced" and "Enacted" on different days, There was further discussion, withou'c any final conclusion reached: Comm. Traeumer said, that the more specific you are about excluded occupations, the more chance there is for something unforeseen and: undesirable f�o occur; a c?efini- tion such as Milpitas' Sec�ion 1 would be bezter. Comm. Hirshon concurred. On the other hand, Comm. Frolich, Horgan and Johnson, and the City Attorne3r, felt tha� guidelines in the form . of examples Uaere n�eded. Boarding Homes may be considered as an allowed horne occu- pation, iF limited 'co not more than two boarders per home. Comm. Frolich wondered if real esta offices should be suU�ect to a Use Permit, It may be advisable to specify, that �arage or other accessory area shall not be included in area compu�cationa -9- PC-Rl Miz�utes of 'che Jan, 10 Zg6� Planning Commissi.�n Nleeting -----___�----------------------------___.�.�_..__---- -. 5ection 5�(c ). It was su�gested 'co subst:i'c�ute San Fran- , cisco's Section 11�L! (c) : '`Phe �mploytnent of any person not resident in the dwelling unit, other than a domestic servant, �ardener, janitor or o�her person concerned �n the operai:ion or maintenance o.f 'che dwelling unit.." (shall be prohibited�} Section 6, In�erpretation: Referral to the Planning Commission of all home oceupations�not specifically men- tioned in the Ordinance, or otherwise listed, was clis- cussed, It was also discussed, as an alternative, to institu�e a periodic review of findin�s by the City Planner; but it was pointed out th�.t such a revieta by the P3.anning Comr�ission or the City Council can alU�ays be initiated, even if not mentior�ed in the Ordinance, 81, OOZ!� �. CIT'�' . COUNCIL: ORDINANCE 002 (U-1) , amending Ordinance 002(b), by re�ulating loca�ion of Veterinarian Offzces, Clinics and Hospitals. Second Hearing. The City A�torney suggested �he followin� wordin�: ".,,sub,�ect to the securing of a Use Permit in each case" wherever there is a reFerence to ;etting a Use Permit. Fo1low,ing are changes to the draft of Ordinance 002(b-1): Section 6 i'URPOSE., Add: "health, safety, welfare and property values of those in the�neighUorhood." 7.1, �h��rd line to cox�clusion of the paragraph should read: a house call.s, b) for clerical and similar work and c� where he may consult with other persons, but �vhere he receives and examines no animal patients. 7,2 Strike whole paragraph. � 7,3 Veterinarian Clinic, Veterinarian Hospital, Animal Clin�_c, Anim�.l Hospital are defined as a facility Uahere animals may be received, examined, treated and retained overnight, Page 2 Strilce whole page. Page 2 alternative -- OK with the following changes: 8,3 MP (Plannec� Industrial Park) Zone /M1-PH/: Veterinarian Offices, Clinics and Hospitals may be al- lowed, sub,jec'c to the securing of a Use Permit in each separate case. 8.5 Strike �he words "�hrough a Use Permit procedure." in the second ].ine, -10- PC--Rl Minutes of the Jan. 10, 1.966 Planning Commission l�7eet�ng 8.6 P( Planned Development ) Zone /PC-�i/: Vetc�l�inarian Offices are permitted in areas desi�riated for CG, ML, MP, OA or OP uses; Veterinarian Clinics or Hospitals are per-- mitted in areas desi�nated for M.L or MP usesg � 8,7 Add this Section� R(Residential Zones): Veterin-- arian Offices are permitted; �Teterinarian Clinics or Hospitals are not permitted� ' 9 USE PERMITS 9.1 Fi:�st line, delete: "...for a Veterinarian Ofiice in an MP, OP or P Zone, or" l0 BEAUTY SALONS FOR PETS .. Third line, add."or hospital" af'cer"Veterinariari Clinic." X�4 PUBLISHING CLAUSE .. Delete the words "ver�atim or condensed" from third line. 15 INTR011UCED AI�TD ENACTID .. "Ini;roduced" and "Fnacted" on different d�.ys, Moved by�Comm. Traeumer, seconded by Comm. H3.rshon, to continue the Second Hearing �o tk�e next regular meeting. AZotion carried, 5-0 81,00�- F:.. CITY PLANNER: ORDINANCE 220(g) regulating heights of buildings and eonstructions. Second Hearing � con��nued. Mr Alf Modine, representative of County Civil Defense Organization, showed the Commission the recent front page article on him and his TV station. He then used the blackboard to illustrate Uahy hams,�operating with 70t antennas, would be muc�i ].ess likely to interfere wi'ch ne3.gYiborin� TV reception. He said the FCC has sta�ed an area �0 miles from a transmi�;ter 3.s considered a fringe area. Mr. Melvin Peterson, 11590 Elms.ford, San Jose, wondered if this Ordinance is really effective. Isn't it ex- cessively permissive? Charlene Evans, 11096 Linda Vista Drive, does not feel these antennas are compatible with residential use. She � presentec� pictures of some of the structures in questione Mr. Bob Ro'ainson, 11016 Linda Vista, submitted li�eratu.re substantiatin� his objections to Ordinance 220(g). The home in bacic of him is below the level of his home; . an aerial with a large array could very well blo�ck his whole view of the valley. -11- PC�R1 Minutes of the Jan. 10 1966 Planning Commissior� Meeting Mr. R. Fitzgerald, 10 East Estates, qtzoteci from the FCC Rules and Re�ulations, Mr. Dan Connant, 22Lt�3 Balustrol Court, feels these structu do not hurt property values. He cited such structures in Los A1tos Hil1s, Palo Al.to, etc., whe�e property values have not decreased. Moved by Comm, Frolich, seconded by Comm, Hirshon, to close the Public Hearings, � Motion carried, 5-0 Comm, Hirshon and Johnson were not a� a11 sure that 60' is the proper height. They were in favor of a postpone- ment so they could look into this fur'cher, Comm. Frolich said that the horizontal array is going to be in somebody's view, no matter wha� the height. Unless we are willing to go to a Use Permit for each one, he questioned whether we are accomplishing much by limiting the heighf�. � The staff was requested to prepare a report listing reasons tivhy the height limi'c should and should not be 60' , 55' and �-5' . The Director of Public UTorks will take pictures of antennas in the area and prepare the report, Comm, Hirshon requested this be placed first on the agenda oi' January 2�th. Moved by Comma Traeumer, seconded b� Comm. Hirshon, to continue the Second Hearing to the next regular meeting, Motion carried, 5-a VII UNFINISHED BUSINESS -- There was none. VIII NEtnT BUSINESS -- Presentation of suggested Light Industrial Zones was postponed to January 2LE, 1966 IX ADJOURNMENT It was unanimously agreed to ad�ourn at 12;35 P.M. A PPROVED: /s/ Robert Johnson Chairman ATTEST: /' t f �� � 1 ~ ,.f �. '�� � �ll �`�./T/.,! `� j y . it it . . l r fi N Director o annin� -12-