PC 01-24-66 1032a. South �ara.toga--Sur.�n��Tv�.:l.e Ptoacl �0, C»0 , �E
Cuperi,ino, Ca]_ifornia, j50�.LE �'���n^ � ���•'��'�
P�pR2
C I T Y 0 F C U P L 1Z T I Tv' 0
California
MIPI�;TES OF THE R�CTULAR MEETING OF TH�. PLANNING CGMMIS�TON
�i anuary 2� 1965 8: 00 �. i�i.
Held in thP E3oard Room, Cupertino Elementary School Distr�_ct,
Office, 10301 Vista Drive, Cupez°tino
I SALUTE TO THE I'LAG
IT ROLL CAL?�: Minutes of the previous ��neeting, 1/10/66
Comm, present; Frolich, Hir°hcn, Horgan, Traeumer,
Johnson
Comrno absento T�one
Staff pz°e�ent : Ci.Ly Attorney, Sam Anderson
T�ir, of Pl.zbl3_c Works, Frank Finney
Dir, of �lanning, Adde Laurin
llssist e P)_anner, � im Nuzum
Planning Dep'�. Secretax°y, Ellen Nim:nons
Iteco��ding Secretary, Lois Inv�ards
Ch�.�rmz.n �ohn.�son asked the s�;atus of the Home �ccu�a�ions,
;��nce th3_s ta�±s not indicated in the Minutes of Ja.n. lOtn�
�l'he Director af P� a.nning said the Public Hearii�gs aY�e
, s�ill open,
Mov�d by Comm, Frol3.c1�, ` seconded by Cornme Traeumer, to
approve the Minutes of Jan� 10, 1966
Motion cai°ried, 5-0
III ANi10UNC�MENTS OF POSTPONEMEI�TTS, ETC.
There were none,
IV UIRITTE?�T COMN.R7r1ICAT�OI��S
1. Letter from M�o H. Kohlmoos in re�ard to the He��ht
�rdinance�
�1-
�(��._i� i•i=.i��avor� vt� bi�,o .i �. �..........�.i �,�e -:...., r��-. .a_= ._�. ,. ' �r.._.._ .. , i -� � ���
or�A�� cr.;r����U�vzc �2��r. orTs
� 1, Cha:Lrman Johrison read the' City Council's Minute Orc�e.r
regarding the Board of Supervisors' meeting, Feb, �3th,
in regard to the pr.oposed service stai,�on on McClellwn
� at Stelling �:oa�. a
The Plannin� Director said the Minute Order did not�
c�me on as strong as was�intended;,Councilman Fitzgera�d
has confirmed �hat the 3ntention was to direc'c the
Planning D3rector to attend this meeting and to author-
� ize him and members of the Planizin� Cornmission to
ex�ress the views.of the City of Cupertino.
Chairman Johnson asked whether the staff is making a
study on the number of servlce stations in the Ci�y
and the number the City can realistically suppor'c.
The Planning Director said �ie is working on 'chis o
2, The DirECtor af Plannir�g introduced the ne�nJ Planning
� Depa.rtment Secretary, Miss Ellen Nimmons,
3 Chairman Johnson would like to see the Tentative Map
submission issue ex�lored more ful.ly. He fe21s the
Plannirl� Commis�ioners shou�d receive their copies
ear�ier than �he Satu�day 'pefore the meeting, which
leaves tl�em in°uf�'icien� time for study, particularly
ii' they �.re ou� of town over tne �nTeekend, Delivery
to the Pla.nning Commissioners shoulc� be not later
than th2 Thursday preced3.ng the meeting.
�I. Ghairman Johnson said Mrs. Robert Caldwell's letter
regarding the League of Women Voters' meet�ng was
sent to Mr. J�ack Gates and forwarded too late for
l�ir. Johnson to attend the ���eeting.
VI HEARINGS S�HL:DULID:
81,00� A. CITY PLANNER: ORDINANCE 220(g), regulating heights of
bui:Ldings and cons�ructions. Seco�zd Hear�Lng contiszuedo
(Pub1:Lc Hearings closecl. )
The Director of Pt:blic Works stated thaL at the lasf� me2t--
ing he was instructed to pr�p3re a report, g��t;h�ring
s'catistics regarding why the various heights �re �ood and
bad. He distributed a written report to the ?lannin�
Commisaioners. In addition, he displayed charts illus-
tratir�g tY�e information �athered,
He used Baytiaood Terrace and Westacres subdivisions fo:c�
this study. Three out of four of the 172 ?�ornes 3.n P�aT,r-
wood have outdoor aer3_al�, In the Westacres su�division,
�u�1 nf the 26� homes have no exterior antennas.
PC-��R2 Minutea �f the P� anning Commission Meeti.n� of J�'�n a � 9 1956
The Direcf,or of Public Works read a 1.etter frora �yd's
Antenna Scrvice in which the owner stated the necessity
for a 60' height
The Director of �ublic Works advi_�ed �hat we should be
at least above the average 35-�OY height shown to allotiv
"normal" TV aerials,
He raised the qu�stion, what to do about the hilly ar���.s,
and asked about enforcibility; the City Staff is overloaded
now, Another factor to be considered is that we will have
more TV interference if we restrict the ham oper�.tors 'co
too low a height. He then introduced a letter from
Mr. Kohlmoos, an expert in the field.
Another. major factor to be considered is efficiencye
If the transmitting antenna is limited, and the desired
recep'cion is not attained, the logical thing for the ham
to do is boost 'che pou�er� which introduces all sor'cs of
other problema in the area. �
As far as a d�'cerrent to property values is concerned, i;he
Director of Public Works consulted a real estate appraiser,
ti^fho assured him that as long as it is a good neighborhood,
a tower would not detract from a home's saleability,
The Director of_ Public Works then cited litigation result-
ing from too strict limitations, Lastly, he disp?a�,red
draUaings or a single-story and a two--story home and
showed the height of a normal antenna in reiation to each.
Comm. Traeumer asked the Director of Public Wor°ks if 12'
antennas above a two-story home would be aaequatee The
Director said it would dep�nd on the conditions. Comm.
Hirshon asked if there are very many 1?..rge arrays in the
City. The Director said that, to answer that, it musf;
first be established what is to be consider�ed a"large
array."
Chairm�.n Johr�son asked if they should decide a num'�er of
things here: size of the tc�raer9 siz� of the antenna; and
the number of towers to be allowed. Comm. Traeun�er though�
it might be wise to limit the number of towers.
The City Attorney said he has reviewed tliis Qrd�nance anc�.
advised that the words "of inetal" be omit�ed from Sec. 68.10
He said the Government Code permits you to restrict
"structures." The Commissioners agreed to delete "of
metal" from Sec. 68.1.
Comm. Frolich went further, to recommend "towers of ot':,el�
than metal materials should be approved by the Di��ector
of Public ���lorks . "
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P�-R2 Mirutes. of 'che Plannin.g Commissior. NIe�'c�.ng ai' Jan. 10, 7.966
1'hen Chaiz�man ��ohrzson �ro�osed a heigh�i, .li'm:it af 5L� ° and to
restr3.ct the antenna array; �che diame'cer should not be more
than 10'0
Chairman Johnson's suggestion:
1 Height = 5�I', .
2 Limit the size of the antenna
3 Restriction on,the number of towers permitted.
Comm. suggested limitin� radio towers but not TV
masts.
Comm. Frolieh proposed the Planning Commission consider not
putting a limit on �he height.. He was inclined to say the
higrier the tower, the larger the a1l.owable an�enna arrayo
Moved by Comm. Tra�umer that L�8t be the maximum hei�ht limita-
tion on aerials, Motion died for lack of a second.
Moved by Comm. Prolich that the height remain at 60', as al-
ready in the O�dinanc�. Motion died for lack of a second,
T��ove�l by Comm� Tra.eumer, seconc�ed by Comm. Horgan, that the
hei�ht limitaLion be set at �8' above ground level.
t�YESo Comm. Horgan, Traeumer, Johnson
NAY�S: Comm. I'rolich, Hirshon
I�otion carried, 3-2
Moved by Coinm. Traeumer, seconded by C,omm. Hirshon, that '.. -
toUaers be limited to one per lot (refer to diagram in
� Appendix B).
.�YES: Comm. Frol�.ch, Hirshon, Horgan, Traeumer, Johnson
NAYS: None
Motion carried, 5-0
After cons3.derable di�cussion, it was moved by Comm. Traeumer,
second�d by Comm.- Ho�gan, that the an'cen�a sha11 be encl�sec�
within a circle with:a 20' diameter.
A�'ES: Comr��. Hirshon, �iorgan, Traeumer, Johnson
NAYS: Comm. Frolich
Motion �-1 ,
The Planning Commissioners thex� the Direc'cor of
Planninb's ec�itorial changes.
_ Li _
PC�-R2 Minu�t,�� ��f tl�c F1�+r�n:�_rig Commiss3_on l�ie�t1ng of J�a.n� �, 1966
Moved by Comm o Traeumer, secoizded by Ccmm, H�.r�:lzon, tha�;
Height Ordinance 220(g) be approved, subject to the motion��
made heretofore regarding quantity, height, and radius
limitations and incorporating the changes to Sections 68.1,
62, 68.5, 69.1 recommended by the Director of Planning�
AYES: Comm. Hirshon, Horgan, Ti�aeumer, Johnson
NAYS: Comm. Frolich
Motion carried, 1 -�-1
Comm. Frolich's reasons for his Nay vote were that he felt
they were placing unreasonable restrict�.ons on the property;
and the laws of physics are not amendable by this body in
regard to Sec 68 .1 and 68 ��E. He added that he is not a
radio ham, nor has he any interest in that area.
�1, 00� B. CITY GOUNCSL: ORDIl�TANC� 321, providing regulai,ions
for Home Occupations„ Second Hearing continued.
Chairman Johnson commented that it caas his unders'canding
that the folloVaing was agreed upon at the last meeting�
STANDAFtDS, Section A: "and there shall be no storage of
equipment or s��pplies in any accessory building or outside
the c:t�aellin�;o" This should be added to Section 6 c.
Comm. Frolich suggested that page 1 -i, Item 7, 6th 1ine,
shoul�. read "borderline" rather than "border."
Comm. Traeumer and the City Attorney felt that Sec. �I,
lines 1 through �, should read: "The oecupations listed
belov� are not considered �o be inciden'cal and secondar�r
to the use of the dcaelling for dwelling purposes and do
change the residential character �her�of."
It was a�reed that Sections 6 c and o e were all right.
Moved by Comm. Frolich, secorzded by Camm. Hirshon 'co close
the Public Hearings. •
Motion carriec�, 5-0
Moved by Comm. Frolich, seconded by Comm. Traeumer, that
Ordinance 321 be recommended to the City Council for
Enactment, wi'ch the changes made a� �Chis meeting.
AYES: Comtn. Frolich, Hirshon, Horgan, Traeumer, Johnson
NAYS: None
Motion carried, 5-0
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PC-R2 M:i.nutes of the Plannirig Commission i�iec:ti�l� ,-�s' Tn,-, l(1 � �r�
81, U0 C. CITY COUTTCrI,: ORDINt'�NCE 002 (b-1) , amendin� Urc�.�_nance
002(b), Y�y regulating location of Veterinary Offices,
Clinics, Hospitals. Second Hearing continued,
It was decided that Sec. 10.1 shall read as follows:
"Facilities for bathing, clipping and trimming of pets,
commonly called "Poodle Parlors," shall be subject to.,,,
in each separate case."
Veterinarian William Manaul, 12088 Covina Court, Saratoga,
spoke in re6ard to veterinary hospitals. He said i,hat
noise, odor and aesthet3.cs are no longer problems. He
presented �rochures and articles of vete.rinary hospii.als
and clinics of today. He feel s veterinary hospitals and
clinics should be allowed in commercial cen�ers. Tliere
is no place to go in Cupertino now. He said that poodle
parlors have cages,
Comm, Frolich said that these Ordinances have to b� set
up with the.worst cases in mind. It is extremely diff-
cult to control these situations once they are established.
In. time to come, we will have more �•ypes of zones, sotne
of which may permit veterinary hospitals and clinics,
Moved by Comm. Hirshon, secanded by Comm. Horgan, to close
the Public Hearin�s,
Motion carried, 5-0
NZoved by Comm. Hirshon, seco nded by Comm. Horgan, that
U1�dinancA 002(b-1) be approved for recommendation 'co the
City Council for their approval, incorporatin� the
cha.nges made this evening, as brough�c out in the MirnzLes.
AYES: Comm. Frolich, Hirshon, Horgan, Traeumer, Johnson
NAYS : None
Motion carried, 5-0
7-Tr� D. BEAT^1Y: Applica�ion for Tentative Niap for one acre
at Scenic Blvd. F3.rst I-iearing continued.
Chairman Johnson asked the staff if the Tentative Map now
conforms with the Ordinance, The Assistant Planner said
the changes and,/or 3,nclusions were explained to the
engineer, but.a revised Ten�ative Map has not been rece3.ved.
The City ,Attorney said the schedule for Tentati°Je Maps w�.s
settled several years ago. Instead of writing a new set
of rules, 'che Plann�ng Commission should call for a report
on existin� rules.
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Pr•-R2 Minutes of tYie r��:j,.�i�z� Commission Meetin� of :ia�!,. �' 1966
r�..��.r«...www.rrr..r.r«.�����..-..�^�.'���..���...... _ ......
. �♦
Moved b� Comm, �`x�olich �p �:ble applicatiar� 7-`nM-E�5 and.
re�ov� ���os�a tYr� �C�t�enda� ur��3.1. suc.h �ime as we have
a campl�t+� meratativ� Map.
T�e Cft3t A�tl�rney ��e.,�:$ if i'� is �ables, �.� autamatically
cx�ea up �t the next ��e�gu�r �eeting.
�+Iovec� �' �t�rr�m, �� - ch, second�ci b9 � Cam�. Hirshon, to
ec
2�emove �-��7,i�a1�� -T� from the calendar.
i���nn �at�rle�, �-0
20�J E ,. �R. �A�$ L� ��3 1�����.� .�'or a Use Permit
�o �dnc�'uct ��. �e�trq�iic�- 1�esear�� and i�evelopment
opera.t�.Q� 1�.� e��8t�sg builc�ing; in an R1-10 zone.
Second H�aring,.
C�ixman �'ohnsori �tat� �hati �h� etaff �a.d been instructec?
�o j.n�releti�ate the curr�n� atatus of the County Use Perm:it
for m�i�unbing estab119hmei�t of �aid property.
�he As�istant Planner referxed to copies of the tKinutes
of tl�c County Qf Santa Clara Plsxining Cor�iission and
Board of Zoning Ad�ustment m�eting of .March 7 1956
wherein the Count�,r Plarming �ioBxnission ha.d granted a
change in use from "C�enera.l Contra.ctor's Storage Yard"
to "Plumbing Cbntractor's Stora.�e Yard" as being no more
intensive {:han the�� pre�ent _.use, . He then referred to .
Zoning 4r�3nance N� 1200 S.ection 30 - NON-CONFORMING
USES, �,r�d read the second �ra.graph:
"Exrept as otherwise. provided iri . this. s,gction; _ tYie .lawful
use of a building existirig. �t, the. time ,oF the_�adoption of
this Ordinance may b�e contixrued; �although such. us.e does
not conform to the, regulatio.ns specified.by this Ordinanca
for the district.in,.which such bui�ding is located, Any
such use may:,b,e: ex�eii¢ed . throu:ghout the. building provided
no �tructural alt.eratlons e�xc'ept those required by Law or
_,pr.dinance are ma.de.,tY�'r.��,n'... If no• structural, altera�ions
�e ma�e:, . the �npn-c�'ormin$ .u�e of.. a building. ma.y be
• G,h�riged ; �p �not�er ..tyor�-cori,fqx�ming u�e; ��vhich�, in the
opinion o#'•, tfie: :Pla Commission', is of the same or of
� moz�e restricted� �n��e, If � a non-con orm n use ere-
un er ceases � or a• con nuous erio o- Mo � ess n s x
mon s� an re . use o� � sa u in s a e in
con orm ' o e�re � a �ons �spec e s r inance
or e s r c� � n� w c suc �� u n g -- is oca e.
. , � . ,
Th�: Asslstar�t �;].��� ��nted out that ,the ��'luinbing Yard
is �, non-�.conf�orroing •use , no'� ;a use �ii�er a Use Permit, and
�ha.s •no time �11mit;., He. s�id, '�hat the ; Planning Commission
�ha.�. the pawer �ttt� �uthoriz�. ,a� charige .�.n non-conformin� use
if ��here was a valid non-conForming use in existance.
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�'�:- ��Z'� �'_:��� ±�es cf the 'rl,:���:._i.����: C��pm_L.���or. ��I^ _: � �!i�; c� , =�..1. :�.0; :!_a��;
:C�re Assi�:tant Pi�.r,-..zer c�istrj:b�t�c� ��ox cv�ie.� of a:.z O:t, 1J. ,
19E�, invoice for plumbing s�p�plies for this address, show--
ing that at least technicallT thi.� use ii.id exi�t withii� t'�e
pas�F six mon�hs,
Chairman Johnson askecl for a definitia� ot "p�um�ing co�z--
tra �'GOx'�a storage yard." Th� City Attcrrne� said it is
brc��d enough to inc�ude the previoua Aase.
Mr. Hen?�y Esterlv, 2�'321 Cupertino R�ad, (,`upertino sai.d he
has be�n a i�eside�it of L'�xper��o �'or abou'� the sam�e length
of �ime as P�Zr. Siver e� th�� �►h� nei��bo��od has been L_n•-
g��udec# si�zce that time, He felt tha� this �va� an opportunit;�
�� u.pgra.d,e t11is particu3ar piece of prop�sty.
Dr, Palm�r szid the electronic research 2.ix� ttevelo�ent Ize
propose� is a Iot less ob,�ectionable tha.n a plv�nb�ng opera-
�c� on. �ie feels it would be fa�� be �ter to �ppY�ove this
lir�:itzd use and in t�o years it w�uld pY�obably �e cha.nged
�to re� dential use.
Nir, ��ver said �I�e inl�ice in,�a�oduc�d �5y the Assistani,
Planner is merely a teohnical +det2.il. I3� also has ban�c
�.ec�unts etc,, to back t�p tTie fact that !'� has bee.z in
the plumbing busi^.ess aC this location wit2�i.n �he pas� six
nionths. He e�np��.sized i�ha.� the rn�, interided t�se ls less
ob,j ecti.ondble than tt� �r25ent use.
i�Ir. Gd �o McCoY'mack�, 3Q3�d H�.11crest, CupErtino, said this
is � � o�.a deiisity area on �ttuee �.sttr plan. Living riext doo��
�o th3.s property, he fi�a,sn sten any businees goin� on f���
in excess of six mor_ths. I�+e does np'� Zeel a nor_--coiZfoi^m:� r;
use should be allowed in th�.s area, and mentioned that �cl�e
�a.Ctdle shop nearby is in the County.
Mr. Ed Cooley�, 22291 Cu�ertino Ro�.�i, Cu�ertino, does riot
�wa�1t Light Industrial to be encouraged in this �.l�ea. Mrs.
Kathy Gaubacz, 10033 Crescent Road, was concerned abov.t
i.zc�e�.sed traffic. a?.icePlantz, 1Q090 Hillcrest Road,
�u�ertino, was concerned that thl� wou�.d open the door for
inore ligh� industrial in �he area,
Comm. Hirshon asKed Mr. Siver some specific questions a�,out
che plumbing opera�cion. Mr. Siver said that the invoice
presented was for mater�.al purc�ased for the pL�rpose of
completing a contract ��5b, not �or storage purposes. trdhe:z
asked, Mr. Siver said he has s�ored plumbing appurtenances
on thi.s property withY�. the pas�t six months; althou�h hA
ha,s moved his Targer machinery to another 3.ocation. He
said the plumbing activity at �this locatio� �ately has bee�i
chiefly follow-up work on earlier plumbix� �obs,
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/
�C�tt�__rlvilnu�tesroz'_�he_Pl�.nnzng_Commj_� �ion_i��r�:_�1.�,, �.1�� ,;�%4: r _���y-�
Commo Hirshon asked tivhen the last plumbing activit,y too�c
place on the premises. Mr. Siver sai�, as records of
sales and cancelled checks indica�e, he closed the books
in October of 1965
Comm. Hirshon asl�ec� if anyone lived at that address.
Mr. Siver said his son lives there, and uses the pronerty
for stora�e purposes.
The Assistan'c Planner displayec� pictures of the site. H�.:
noted th�.t, even if the use were terminated, tne building
would remain. He said there are two exits and entrances
here, one to the house and one leadin� directly to �ne
shop.
Mr Esterly said that to operate a plumbing cbntractor
business takes a lot of heavy equipment. He asked when
in 1965 was the heavy equipment removed to Grass Valleyo
He also asked the termination date of the last employee,
Mr. Siver said �hey vaexe phasing out the main por�ion of
the business when they mo�ed. The last employee was his
son, in September, Zg65 He said he is still doing
follow-up work in this area. The plumbing business can�t
be chopped oFf at a specific date. Last spring tY:e heavy
equipm°nt was removed to Grass Valley, but he continued
with his business here, Wh3.le there is no plumbin� equip�
men� on zhe premises at this time, last November therz
� w�s a small amount of pipe fittin�s, vaa.ves, etc.
Dr, Palmer emphasized that his is not a retail business;
no customers will com� to the premises. There will be no
� increase in traffic. Deliveries will be made on occasion
in s,mall veh�cles. There is ample par�cing on the premises
for 2-10 emploT,�ees. The back road would be used for
business and the i'ront road used for residential.
Mr. Esterly as�c�d if one of the items being assembyed
would be an alarm system. Dr. Palmer said they will be
developing an intruder=aetector device for industrial
loca'cions�. Th�re will be no soundirl�; of alarms or rin�ing
of bells, �tc. It is a silent device.
Comm. Traeumer asked if he could examine Mr. Siver's ledge
Mrs. Gaubatz said it is the back road about wlzich she is
concerned; i,he road is narrow and sehool children T�ill
be walkin`; here.
� Moved by Comm..Traeumer, seconded b� Comm. Horgan, to
close the Public Hearings.
P2otion carried, 5-0
_9_
� 66
PC�R2 Minutes�of_the `Pla.?znin�-Cvminiasivn-Meeting , _Jan �_10, `^
Ccmm. Traeumer commen'ced, after looking at Mr, Siver°s
books, that the only employees since March, 1.965 were
Mr. Siver, his �aife, and his son, but that doesn't inean
they weren't plumbing. He feels this is the basic deter-
mination here in the granting of the Use Permi�.
Chairman Johnson quoted NS 1240, and the City Attorney
said that this body and the City Council �ave the power to
ma�ce �uasi-Judicial Findings. The CiLy Attorney further
stated tha� a non-user for a period of six months raises
a presumption of evidence. You may also find an abandon-
ment if he had tiaorked there thre� weeks ago. He said the
points to consider are:
l) Is this an increased pressure use over the prior
us e?
2) Do we have the �urisdic�;ion to issue a Use Permit
in an R1-10 Zone?
Chairman Johnson sta�ed that it is the City's policy to
c�eny all a�aplications for a CG use in a residence. Can
we then issue a Use Permit for an ML use in an R1 Zone?
In at least three instances, this use would violate the
Home Occupation Ordinance which vaas reviewed this evening.
Comm. Frolich stated that 'chis does no� come under Home
Occupa.tions and �hat if we are operatin� under NS 1200,
there is a section sayin� that you can change from one non-
conforming use to another, more res�c�ive non-conformin�
use.
Comm. Hirshon felt the Planning Commission must ��notia if
�... tizere is a valid use permit be�'ore they can voi,e on
the presen� application.
The City I��ctorney said, if you find the contemplatecl use
is a more pressurized use, you have i,o start all over. He
asked if �here is any potiver in this bod,y to grant a Use
Permit in an R1-10 Zone. He could find nothing in the
Qrdinance sayin� they have this power, and felt that what
tl�e applicani, really wants is to rezone *�o MLa
Commo Traeumer felt tne Commission could not determine the
validity of the use; all they could cle�termine is whei,her
or not the Planning Commission can �rant an ML use in an
R1-10 Zone.
The A�sistant Planner said, since we clo not have a pro-
vision in our Ordinance specifically delineating non-eon-
formin� use, we are governed by NS 1200. The City can
change from one non-conforming use to another, as indicated
in Para. 2 of Sec. 30, NS 1200, w;zich has been officially
adopted by 'che City. He fel� �hey should decid� Uahether or
not the applicant still has the plumbing use and if i� is a
more or 3ess restrictive use than the proposed use,
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PC-R2 Minutes of the Planning Commission Meetin�, Jan, �,QY. 1966
Comm. Frolich quoted of the same or a more restrictive
n
nature�o.." from the 1956 version of NS 1200.
Chairman Johnson questioned whe�her i;hey could approve an
ML use here; e�en if there is a valid Use Permit now, they
could sti11 ma�ce a motion to approve or deny this appli-
cation.
The City Attorney said, if you go with the applicant the
other land ovaners will have to raise money if they decide
to go to court. If you go with the opposers, the appli-
cant may decide to take this to court. �'he Court has the
right to �o in'co this thoroughly.
The Ci�ty Attorney advised the Commissioners to reduce
their considera�cion to what should be before 'chem. Is it
in the public interest to grant this Use PermitY Tha.t is
the basic issue here.
Commo Hirshon said he is prepared to cast his vote if he
can be assus�ed that under the Coun'cy Ordinance adopted by
tYie City of Cupertino, the applicani. still has an allowed
use, but they must al�o determine whetner or not the pro-
posed use is more or less restric�3.ve or the same. He
said, further., that he felt that the proposed use was more
objection�.Ule than the previous use.
Moved by Comm. Hir�shan, �econded by Comm. Horgan, to deny
application 20-U-65.
AYES: Comm. Frolich, Nirshon, Hor�an, Johnson
NAYS: Comm. Traeumer
Motion carried, 1 ! -1
Comm. Traeumer believes there is a valid Use Permit, and
he also feels that for a restrici,ed period of time, this
use could be �ranted ana at the end of icha� tir��e there
would be no ques'cion but that it would conform to an R1
use. �
Chairman Johnson advised the applican�c he has five days
in which to file a wr3tten appeal �o the City Council.
1-U- F. HARBOR SERVICE'STATIONS, SNC.: Application for a Use
Permit for a Service Station, SE corner, Foothill nlvc�,,
& McClellan Road, in a CG Zone. Firs'c Hearinga
Mr. 0. D. Dorsett, 333o Ceci1 Avenue, San Jose, represer_ted
the applicante He presented a renderin� of the proposed
service station tahich he said would be compa�ible tfaii,h
the neighborhood.
-11-
P�--R2 Minutes_of_tl-�� _Jan_ _1g66
Chairman Johnson asl�ed if it was th�ir intention to have
the service station take up the entire corner lo�. Mr.
Dorsett said t�zat is all they have planned at this time.
The Director of Plannin� said this prope.rty was zoned
Commercial, anc� a service sta'cion seems to have been implied.
The entire site is too lar�e for a service station, but
�oo small for a service station plus another business.
It seems lil:ely that, in i�he fairly near future, the curb
l.ane in Foothill Blvd. will have to be reserved for «�oving
traffic by forbidding parking and stopping. The Dii�ec'cor
suggested that, if this Use Perm3t were �ranted, a condi-
tion be imposed that there shall be no direct entrance
and/or exi�; from Foothill Blvd.
The Assistan� Planner submitted a wri�ten report, complete
with sketches. The site is too bi� i'or just a service
station, and it is obvious that the ot�aners will come in at
a later date with a proposal for Lhe "surplus area" shown.
We should see this plan now. If a s�rvice station is to
go here, it should be an integral part of the development.
H� asked if this would be 'che most advantageous use of the
land, ar.d referred to his Location Map showing other ser-
va.ce station sites.
Mrs. Shirley Serkin, 22380 Ba.lustrol Court, Cupertino, said
�hat if �;here vaould be no access 'co Foothill Blvd., then
access would be 'chrough St.Ar�drzv�s Avenue, on tne residential
side, which ti^�ould create a traffic hazard, They were
assured when �hey purchased th�ir homes that the one thing
that would no'c go on that corner was a gas station.
Mrs. M. D. Z�Jeil, 22L�32 Ba.lustrol Court, Cupertino, said
McClellan is narrow�r than Foothill Blvd. at this point
and there are no sidewalks for the school children t,o
walk on. (Note: They are both EO' right-of-way)
Mr. Weil asl�ed Uahen a service station is compatible tivith a
residential area. This is a very restricted area with
only one en��rance into the subdivis:ion. He felt a
service station would be detx°imental �o these homes, and
would create an unsafe situation,
Mr. Dean Safre, 10805 S. Stevens Canyon Road, Cupertino,
said service stations are failin� in NZonta Vis'ca, a'c
Foo�:hill and Stevens Creek Road,� and at Simla Juncf,ion.
He does not feel service s �ations are compatible taitll R1.
Chairman Johnson said an applicant has the right 'co come
in and ask for whatever he deems fit use for his property�
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PC-R2 M�nutes of �he Plann3ng Commission Meeting, Jan. '�- 1966
Mr. Borello, 1213 Loyola Drive, said he is the owner of
this proper�y. At the time this property was rezoned
there was a commen� that this is a spot for a service
station. He said this property has sidewalks, curbs and
gu��ers all arotznd. Further, he said this is some 212'
from St� Andrews to McClellan, which should accommodate
entrances and exits. And lastly, this is an allowable use_
��nder�CG. (Note: Only with a Use Permit)
The Oil Company representative, who lives at 1138 Carolyn
Avenixe, San Jose, said iahen a station "goes under" the
oil company sufi'ers more than the individual opera�or.
The structure as displayed ai; this meeting costs �'>75,000
to construct, over and above the cos�c of the land. He
said they can'�c �et along without residential surround-
ings, and residential areas can'�: �et along withou�c the
� � service stations.
Mrs. Serkin asl�ed if this would be just a serv3.ce station
or will �here be repair work done here, a3so. She tivas
told that no overhauling will be done here, but only work
normally done at any service sta'cione
Mr. Weil as�ced if this is a reduced rate type service
station. It seems Harbor sells for one cent under ma�or
brand prices.
Comm. H3.rshon asked if the applicant is prepar�d 'co
follow the recommendations of the s�aff.
Moved by Comm. Hirshon, seconded by Comm, Traeumer, �:o
close the First Hearin�. Comm. Tra�umer �hen withdreva
his second. Motion died for lack of a second.
Moved by Comm. Horgan, seconded by Cor,�m. Traeumer, that
the Public Hearings be closed.
Motion carried, 5-0
Comm. Traeumer questioned the access �;o the property';
protect3.on of 'che duplexes and Rl -- he felt there must
be a be�cter use for this proper�y.
Moved by Comm. Traeumer, seconded by Comm. Horgan, i,o
deny application 1-U-66, because there should be a
commercial use here which would create less traffi�.
This motion for denial is in the interest of public
health, safety and welfare.
AYES: Comm. Frolich, Hirshon, Horgan, Traeumer, Jol�.n.son
NAYS: None
Motion carried, 5-0
-1.3-
PC-R2 Minutes of �YZe Planning Commission Meeting, Jan, 10, 1966
-------------------------�-------------------------:-----�__-----�-
Chairman Johnson advised the applicant of his right of
appeal.
VII UNFINIS� BUSINESS
There was none
VIII NEW BUSINESS
The Planning Commission briefly went over a map of su�gested
Light Industrial Zones with the staff.
Ih P�DJ�URNMENT
Moved by Comm. Traeumer, seco nded b� Comm, Horgan, to adjourn
the meeting at 12:20 A.M.
A PPROVID :
1s/ Robert .C. .J(�hnson __ __
�Fia rman
AT`I'EST :
� r.(,,.r A� (;X. �i±; � r/ i/! f`/� .
v ,
Director of Planning
-1�4-