Loading...
PC 04-11-66 10�` � Soutri �>aratog�.�Sunn;y��va1 e Roud Cupertino, California, 9�G1� te�ephone: 252-�!505 ------------------------------------------- - - - PC-�;7 __ SU, 000. 3 C I T Y 0 F C U P E R T I N 0 California MINUTES OF' THE REGULI�R NTEETING OI' '�HL FLANNTN'G COMMISSION April 11, 1966 8:00 P.M. Held in the Board Room, Cupertino Elementary School District, 10301 Vista Driv�e, Cupertino, Cal�ifornia I SALUTE TO THE FLAG II ROLL CALL: Minutes of �he previous meeting of March 2B. Comm, present: Frolich, Hirshon, Horp;an, Traeumer, Johnso:n Comm, absent: TJone S�aff present, Director of Public Works, Frank Finney i��.rector of Planning, Adde I.�a.urin Ass:istant Planner, Jim T��uzum Reco Sec� etary, Lois Inurards Correc�:ions to the 1`�Zinute� of 3/28: ' On pa �e "�, third paragraph: P�Ir. Walter L�ard said the f'igure "�50 ri�hz turns" should be changed to read "160 ri�ht turns," On page 6, f�fth paragraph: Mr. 1nTalic�r Ward sa3_d �he last sentence refer��ed to Con�.�ition lt! rather than 19. Move�. by Comm. Horgan, seconded by Comm. Traeumer, that the Minutes of March ?8th be approved as corrected. Motion carried, 5�-0 III ANNOUNCEMENTS OF POSTPUNEP�IENTS, etc . Chairman Johnson stated that Item VI D, Ordinance 331: Underground Uti3ities, has been postponed. IV WRITTEiJ COMi�1UNTC/-1TIONS 81,021 1. Le��ter from Dr. Knight, Sup�rintendent of Schools, regarding the tr3.angul.ar piece of property a � Ber��ardo and Homeste�,d, stating �ha.t it ia up for rezor_in�, He proposed that it be landscapecl as a park in5tead. Moved by Comm. Horgan, seconded by Comm. Tra�umer, �o forward Dr. Knight's le�ter to the City Council vaithou'c recommendation. Motion carr3.ed, 5-0 -1- PC-R? M�:.zutes of the Anri1 11 1966 Plannin� Comm. Meetin; ---------------•---------------------------------�-------•-------------- V VERBAL COMMUNICATIONS l. The Planning Director said the City Attorney asked to be excused from this meetin� becatase of illness. 81017 2. We will be getting an application for a gravel opera- 81031 tion near Permanente. They would like advance infor- matiori, whether they should be applying for a Use Permit or for a Rezoning. Comm. Frolich and Traeumer feel 'che appl3cants should be discouraged from requesting prior advise from the Planning Commission. They are to be advi:�ed to file an application and go through the re�ular channels. 3. The Planning Director said there are no applications for the next regular meeting and he suggested they make an informal session on the 25th for discussion of a draft for ano�her section af the new Zonin� Ordinance, before this draft is ready for a Public Hearin�. flfter much diacuss3_on, the Plannin� (;ommission decided to have the Underground Utilities on the agenda for April 25th; they can then recess for a study session. VI HEARINGS SCN�DULED: 3- Z-66 A. Merry Times Day Nursery - Rezoning from R1-10 to BQ 1-!-U-66 (Semi-Public Building) for purposes of operatin� a child d3y care center, 10312 Blaney Avenue. (First fiearing) Mr. Massey Utsunomiya, 1727 Eberhart St „ Santa Clara,said he was f3.rst informed that a rezoning u�as in order here, but later learned that a Use Permit was more appropriate here, The Planning Director l�ad submi.tted a memo about the respective merits of Rezoning and Use Permit, As this nursery would be located in an old building, and rezoning to BQ perhaps should be tested on a new development, he now recommended a Use Permit with a time limit on it, Chairman Johnson asked how the nursery located behind the bank in Cupertino was handled. The Assistant Planner said that was a different situation; it was in a Planned Development (P Zone). Cha�rman Johnson said there have previously been applica- tions for converting older buildings and homes into offices and businesses but the City Councils have set a polic�T not to allow this. -2- PC-R7 Mir�a�es of f,he Apr3_7. 11, I�Ft�, 1��1Unrling Comm,, r�i�:�+.:?r�.g The Planning Director said thi.� is �, sui�ab�.� 1.oc�tion and a suitable Luilding for a nursery, on Blaney l�ver�ue and ad�acent to a K-6 school. Mr. Utsunomiya dispiayed some photographs of th� house and vard and drew a map on the blackboard of their p3an� to convert this home and the adjoinin� lot into a nursery, The 60' x 13�4' yard is to be used for a playground, Bein.g next door to �he school and havin� approximately the same hours make this compatible to the neighborhood. The Assistant Planner said the property front� on Blazl�y, which is a heavily tratirelled resic�en�ial str�et, tie feels the major.i�y of their business will be derived from traffic already using �h:is stree'c, He does not fEel any additional noise, etc., will be created because of the nursery, It is ad��cent to the tot lot and the bi�ce racks �f the school. If it is decided this is the highest and �est use of the property, how do we buffer this from the adjacent rF�idences, and how do we ari�ange the park- zng? C�n operat�on of this typ� should be iocated near a school, Z'ne Assistant Planner then quoted suggested cond:L�ions. Cor��m, Hirshon asked how mariy employees there would be. Mr. Utsur�om�ya said there would be about three. The nuri�ber of employees zs dicta�ed by the number of ch�ldren. There will pr�ob3bly be 25-30 full�time children, and there might be a few whose parents both work and the chil�.ren go to school part of the day. Comm. Hirsron was concerned wha� would happen to the traffic if al1 the c:�ildren arrivecl at the same time. He was assured tY�at they did not. Mrs. Audreen �iram, who will be rur�ning this nursery, said she presently has a nursery school. She s�cid the number of staff is decided by the number of children. Th�y plan to be open from approximately 7 A.M, to 6 P.1`�I. She said they a��e strictly �ovei^ned by the State Welfare Department, and representatives from these agencies come at unspecified times to check and see that they don't deviate from the rules and regulations: Comm. Traeumer said U�e have haa upplica.tioils on Stevens Ci�eek Blvc�. vaherein old buildirigs would have had to hav�e considerable work done on them to bring them up to speci- fications. The Assistant Fl�nn�;r said the stand�.i�ds fo_�� this building will be established by the Buildyng Depal��;•- ment . The Director of Public UJorks said the builc�in� t�vi �1. � be safe. ' Mr. Utsunomiya s�aid he has been workir.g close�.� with Mr. Foote, of tY�e F3.re Marshall's Office. _3_ PC-R7 Mintztes of the Apri1 11, 1�66, Planriir� Comm. Niee �1_rig Comm, Horban wanted �o discuss traffic cir°culation> He asked if the �!0' wide area between the hou:°e and the fence would be adequa�e for pulling in and out of the parking spaces. After considerable discussion, it was suggested by the Assistant Planner that the last park3.ng space, closest to the stree'c, be used for turning purposes, to ensure that no cars would be backing out onto Blane;��. Mr, Rober� Jacobsen, 10311 North Blaney, asked why this property was not taken for the school. Nobody had a posi- tive answer, but the Plannin� Director sug�ested that perhaps it was because there was a house on it, and it might have been too expensive. UJhen asked, the Assistant Planner said there have been no comments from the School District on this applications. Comm. Frolich would like the applicanti to state for the record that this a pplication for a rezoning is to be changed to an application fcr a Use Permit. This was done. The Plann�n� Direc�or said Condition 18 should be replaced by rlis memo of April 7th. It would do no harm to retain Condition lg. Pfr, Utsunomiya q�aestioned Condition 13, paragraph C, regard- ing the fenee. I�e also learned thai, any signs wotzld be reviewed by the Arch3_tectural and Site Control Committee. Comm. Trae�imer questioned vuhether this should conform to the Home Occupations Ordinance. He was told this does not anply. The Assistant Planner recommended that �che Development Plari include the sign, The fence between the nurserzr play area and the school was discussed. The Assistant Planner said it is an unclimbable type. He said that an�y fence over three feet h3.gh on the Blaney side would be in excess of that permitted by the Fence Ordinance, and that the height should be stipulated. The Director of Pub�ic Works strongl�,� recommended they stick with the Ordinance here to protect visibility. The Assistant Planner suggested that the fence be set back a� least three i'ee� and tc� have it terminate at the house; it should not e�ctend beyond the northerly side of the house, as shown on the plat . The Director of Public 1,��lorks said he has no objection as lon� as it conforms with the plat. Comm. Frol.ich wondered whether they should put a limi�cation on hours of operation; i.e., 6:30 A.M, to 6:30 P.M. He also suggested the condition that this 125' x 13�' piece of p�operty shall not be split up for any other purpose. The Use Permi� applies to the whole piece of property. - �! - P�-P�( Minutes of the Apr.��l 11, Zg66 Piann�.ng Comm. Tdlvetinp Comm, Traeumer feels we should incori�orate the �lan along with the Use Permit and have an�r rnaterial chan�es come back to the Planning Commission for appraval. Comm. Hirshon asked if the recommendation of a three- year limitation was based on anythin� specific. Mr. Ut�unomiya said that, due to the high pricE put on the property, he does not feel any time limit should be set on the Use Permit. The ov�aners stand �o lose quite a bit because of the improvements, etc,, if for some reason they should not be able to renew their Use Permit a�'�er three years. Mr.' Robert Jacobsen was in faver of the three-�rear limi- tation, to see how it works out. �ie was not againsic use of the property, but was somewhat s�ceptical. Comm. Hirshon f�e1s Conclit�on 19 protects the neighborhood. Comm. Frolich said tha.t if no time limit is placed on t�iis Use Permit, in time �o come it coul.d be an incompa�-- ible use. Comm, Hirshon suggested five years, and Comm. F'rolich agreed to this. Mr. Jacobsen does not feel �here 3s enough room in the parking area to negotia�e a turn, The Director of Public Works said tl�e parking should be adequ���e; if no�, they wi11 arrange to rlave diagonal parking. Move� by Comm. I�irshon, seconded by Comm. Frolich, �hat the PuY�lic Hearings be closed. P7otion carr:ied, 5-0 Moved by Com��. Hirshon, seconded by Comm. Frolich, ��hat application 3-Z- be chan�ed from a rezoning application to an application for a Use Permit (number 1 '-U -66) . AY�S: Cornm. Frolich, Hirshon, Hor�an, Traeumer, Johnson NAYS: None Motion carri�d, �-0 Moved by Comm. Hirshon, seconded by Comm. �'rolich, �hat application �4 -U- be appr_ oved, sub�j ect to 'che condil�ions as outlined in the April 6th memo from the Assistant Planner, and showin� the follotraing changes made th�.s evening: 13, "5" changed to "6", and add: ".,,that this fence shall terminate at the north boundar.y of the house as per the plot plan which is incorporated herein by reference. . 18. Change to: "This tTse Permit expires after five years from aate of Planning Commission approval." -5- PC-R7 P�inutes of the April ll �966 Plannin� Comm. NTee�in� 20. The facility �o be operated only between the hours of 5:30 A.M, and 6:30 P.M. 21. The Use Permit applies to the entire property and cannoz be split or otherwise div3ded. Amendment offered by Comm. Traeumer: 17. The Development Pla.n in substan�ial conformance with that submitted with �! -U-66 , incorporatin�.... Amendment died for lack of a second. AYES: Comm. Frolich, Hirshon, Hor�an, Traeumer, Johnson NA:�S ; None Motion carried, 5-0 3-u-66 B. Church of Chx�ist - Use Permif, to construc� a church, north side of T3ollin�er, wes'c of Blaney. (First Hearing) i�r. Stan Elliott, the architect, presented plans of Lhe proposed church. He said Reverend Garlick and members of �he con�regation were present to discuss the plans. This property taas purchased by the church in 1958 They app3_ied for and received a Use Permit at that time. Mr. Elliott read a letter from the City Clerlc of the City of Cupertino, dated Sep'cember 1958, informing them the P1anr_ing Commission approved 'chis Use Permit. No i,ime limit was spec�.�'ied in this letter. They then proceeded with plans and specifications; kThen these plans were submitted to the Buildin� Department it; was determined that the Use Permit had expired. The Assistant Planner researched the records and foLind no Plannin� Commission minu.tes coverin; the period v�ahen this applzca�ion was approved. However, subsequent City Council minu'ces showed that th� Planning Commission had granted this Use Permit in 1958, This application 3 -t1-66 is a new appl3cation, as far as we are concerned, because the original Use Permit has expired. Their plans show parking spaces to be 9' x 20' and our Ordinance calls for 10' x 20'. The Director of Public Works said tlzat on some occasions, 9' x 20' parkin� spaces have been approved and could be feasible. This mi�h� apply here, wh�re the parkin� lot might be filled once a week, on Sunday morning. They have sufficien�c property for more parking, if necessary. Seat- ing capacit�T is 150 people, -6- PC-��'t7 Minutes of the Apr9_� l� y lyoo, Fl�.nnin; Comm, t�Zee�in� ------�--_______----------------------------------------- Moved by Com�;�. Traeumer, seconded by Comrn. I�i.rti�on, tio close the Public Hearings. Motion carried, 5-0 Moved by Comm.� Traeumer, seconded by. Comm. Hirshon, �i1at appl3cation ?-U-- be approv�d, sub�iect to the 12 Stan- dard Conditions. Comm. Hor�an asked if they should do some�hing about the size or the parlcin� apaces. There was the feeling that wi�h this limited use,, 9' x 20' woLlld be adequate. AYES: Comm. Frolich, Hirshon, Hor�an, Traeumer, Johnson NAYS: None � Nlotion carried, 5-0 3-v-66 C. Bedi'ord �ssociates, Inc. - Variance to inerease 'che height of a si�n; Shor� Stop Market; Richwood Drive and East �st2.tes. (First Hearin�} Mr. Peter BedforcT, 1801 Iiarrison, Ca�cland, said his sign was ��evioLtsly approved by the H-Control. He said that the Carna.tion Ice Cream Store fascia has overshadowed th�ir Sl�ort SLop si�;n and it now cannot be seen from Stevens Creelc ]31�Td. Their engineers have sug�es�ed tYiey I let tneir si�n hang free so �hat it won't be rigid and � brcak with high winds. Hence, tlzey do not want a"roof si�n" The surfacing is al.ready in, so they really do not want to have to �o in an� dig it up to extend the �rairin� � for a pole sign out in front, The�r are requesting �hat the presen'c sign be erected on the sLructure, but raisec� to a total hei�ht of 26'2". I� can't b� seen where i� ` is now. They would like to move it up �►' above the present roof line. They would lil�e to put the two Uahzte ( balls on �op. It woul.d then be 26'2" to �he top of the highest ba11. The Assistant Planner asked the Coi�nrnission whe�her this should be consider�d a roof sign or a bround sign. Our Ordinance would say this is a ground sign because that is where i� is sL�pported. It mus� be sli�iltly higher to be seen above the Carna�ion s3.gn. He has no ob,�ections � to this s3.;n if it is the only si�n on thc p�operty. Chairman Johnson reviewed the Sign Ordinance as it applies to this cas�: A roof sign could go 20' above the roof, but a ground sion can�only go 20' above the ground. ( The Assistant Planner said the siQn is not adequate, due to the construction of the Carnat3.on building. _7_ PC-R7 Minutes of the April 7.1 1966 Plannin� Comm. Meeting � Comm. Horgan said that he was the Chairman of the �i-Con- trol Commi�tee when this application ca�,e before that body, ti�r.en it came before them the second�time, the applicant v told to come in with som�thing different. If a��ached to Lhe roof, the si�n can �o to 32' total, legally. The balls are 3' and �!' above the :si�n, Mr. Bedford showed on the blackboard how the si�n presently is now and how he requests it, in relation to Stevens Creek B1vd. The Director of Public j°?or�;s confirmed �hat if you attach the pole supportin� the s3gn to the roof where it passes throu�;h, then any loads imposed by wind would be transmitted to the roof. II"' you put a collar around the roof and the pole would 1�e free to wh3p a little bit with the vaind, it would no� be such a s�rain on the rool" of t he structure. Comm. Frolich asked why the applican� couldn't move the sign, pole a.nd all, nearer the corner so it can be seen from Stevens Creek Blvd. Mr. Bedford said they would have to tear out some concrete to puf, in the addi�ional electrical equipment out lchere, Cnairman Johnson said he had discussed this with the City Attorney on the telephone. The City Attorney had advised that if this is a�round sign, he would sugges'c that we sta.y with th� Ordinar�ce allowing 20'. If they decide on the sign on the roof, it shou�d coniorm to the roof sign specificai,ions. Mr. Pedford said the reason they chan�ed this s�_gn was because of �he deflection problerns. They lost a similar sign at one of their other locations. This sign is �!0 sq, ft. Comm. Hirshon asked how much of a hardship would be in- curred if the ba7.ls were eliminated or lowered, P•'Ir. Bedford , said they have established this iden�ity, which t:zey would like to maintain, Comm. Traeumer feels we should conform w3.'ch the Sign Ordi- nance. He su�gested the appl3.cant mov� the pole si�;n out to the corner. Comm, Frol.ich said it has b�en thea.r experience thaf; every time a sign variance has been granted, City Hall is flooded � with similar applications within a week. Comm. Horgan does not feel �his Variance should be �;ranted. The Direc�or of Public Works said that what we have here is a problem of definition. There fol].owed some discussion + of the definition of the Sign Ordinance. Comm. Frolich suggested Lhis be considered a roof si�n. -8- P�-R7' r�inut�s af the Apr. il 11, 1966 Fl�anning Comm TJ�ee �ing Moved by Comm. Frolich, seconded by Comm, Traeumer, to close the Pirst Hearing. Motion carried, 5-0 It was reques�ed that the City A'ctorney and the Chief Building Inspector make written reports about this application before the next re�ular meetin�. VII UNFINISHED BUSINESS -- There was none. VIII NEW BUSINLSS The Director of Public Works said �i,here are certain k�.nks in the r�cavation Ordinance �haL could stand a discussion and/or defini�ions. He proposed a couple of sketches be prepared to attach to the Ordinance. Chairman Johnson suggested he send this out in a wri�ten report. iX AL'JC�URPIMENT Moved by Comm. Traeumer, s�conded by Ccmm. Frolicli, to ad�ourn thz meet�ng at 10:00 P.M. ` APPRGVED: I � �s/ Roberf� Johnson �hairman � ATTEST: i annxng irec or i � -9-