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PC 04-25-66 10321 South Saratoga-Sunnyv��e Road Cupertino, California, 95o1L� phone 252-�505 � - 80,00003 C ITY OF CU PERTI iV'0 California MINUTES OF THE REGULAR MEETING OF THE PLAr1NING CCMMISSION April 25 1�66 8 :00 P.M. Held in the Board Room, Cupertino Elementary School District Off ice, 10301 Vista Drive, Cupertino, California I SAT�UTE TO THE FLAG I� ROLL CALL: Minutes of the previous meeting, �►/11/66 Comm. present: Frolich, Horgan, Traeumer, Hirshon Cemm, absent: Ttone Staff present: City Attorney, Sam Anderson Director of Public Wor.ks, Frank Finney City Engineer, Bob Shoo�� Director of Planning, Add.e La.urin Assistant Planner, Jim Nuzum Recording Secretary, Lois Invuards Moved b�r Comm. Traeumer, seconded by Comm. Horgan, to ap��ove t;re Mir.utes of �/11/66. Motion carried, L!-0 � ZII ANNOUNCEMENTS OF POSTPONEME�ITS, etc . I There were none. I IV WRITTEN COMMtTNICA3'IONS : ` 81,005 A. Santa Clara Cc�unty Planning Commission - File 6 Rezoning from R-1:B-2 to C-1. East side of Stelling , Road between Hazelbrook and Gre°nleaf Drive. Th� Planning Director said it was the recommenda.tion of the Planning Dep�,rtment to not expand the C-1 area here. Moved by Comm. Hor�an, seconded by Comm. Frolich, to ma�ce a recommendation to the City Council of Cupertino to ob�ect to the proposed rezoning to C-1 which is before the County Planning Commission, and to enclose the memos from our Planning .Department , Motion carried, �-0 V VERBAL COMNNNICATIONS There were none. -1- PC-R�� M���nu�es of the Planning Conimission Meei,3ng of April 25, 1J�6 VI ����INGS SCHEL�ULED: 3-V-66 A. Bedford Associates, Inc. - Variance to inerea�e th� neight of a sign; Short Stop Market; Richwood Drive and East Es�ates Drive. (Second Hearing) The Director of Public Works said that at the last Council meeting, a report from the Chief Building Inspector was requested regardi��g pole signs. The Chief Building Tnspector said the whole structure is supported from the ground, so it is a pole sign. However, precedent has been set by similar signs at the Nite Kap and Red Vest Restaurants, which were granted variances by the Planning Commission. To make a roof sign out of this would mean more engineering and possibly beefing up the building. Comm, Traeumer questioned whether this would create a loop- hole for future sions of this type, since pole signs can only go to 20' above the ground and roof signs can go 20t above the roof. Comm. Horgan questior.ed whether the City Counc�l or the Planning Commission granted those two previous variances. He was told it was done by the Planning Commission. Mr. Bedford said they put the sign up, not realizing that it was not con�idered a roof sign. Physically, they cannot construct a roof si�n without spendin� a 1ot more money, accord3ng to his engineer. Moved b�T Comm. Traeumer, secon�ed by Comm. Frolich, that the Second Hearing be closed. AYES: Comm, Frolich, Horgan, Traeumer, Hirshon NAYS: None • � Motion carried, �J-O Comm. Horgan felt it would be a lesser evil to grant this variance. Moved by Comm. Traeumer, seconded.by Comm. Frolich, to deny application 3-V for the following reasons: The applicant can put a pole sign away from the �tructure that will accomplish the same purpose, Moving the sign out is not i'antastically expensive. Thi.s hardship does not warrant granting of a variance. Comm. Traeumer thinks an analysis should be made af the Sign Ordinance in regard to pole signs and roof signs. .. The City Attorney said one of the �rounds for denying the variance was that the applicant could use another type of sign, It was his opinion that it would be in the Uest interesi; of everybody if the applicant put up a sign.complying with the Ordinance, since this is a possibility. �L� PC�n8 i:�inutes �f the Planning Commission Mee�ing of Ap ^c5 �966 Comm, Frolich agreed that the height of roof signs in the Sign Ordinance should be re��iewed. The City A�ttorney said the 20' Iimitation of the pole sign should probably be maintained because it could interfere with public ri�ht-of- way otherwise. V3.ce-Chairman Hirshon does not feel there 3.s sufficient hardship here and variances should be �ea�.ously given, AYES: Comm. Frolich, Horgan, �raeumer, Hirshon NAYS : None � Moi:ion carried, �-0 The Planning Director was instructed to put the Sign Ordinance on the agenda and have the staff give a report at their earliest convenience. The Chief Building Inspec- tor offered to work with the Planning Commission at a work session to review the Sign Ordinance. Moved by Comm. Traeumer, seconded by Comm. Frolich, to instruct the staff �o put this ma�ter on the agenda for the next regular meeting, and at that �ime it will be scheduled for a study session or for another meeting. Motion carried, �!-0 Vice-Chairman Hix told the applicant this wi31� go automatically to the City Council at their n�xt meeting. 81,00� B. �.rdinance 331: Underground Utilities. (First � Hea�^ing continued) I The Director of Public Works said a list af proposed com- ments and/or changes were received this day from P.T. 8c T, They are fairly extensive and the staff has not had time ' ico go through them, Copies of the list were distributed among the Commissioners and interested people. Sec . 5,1 TYie Planning .D3.rector su�gested the P. G. 8c E wording here, except that the warding perhaps should give the City Engineer the power to approve a deletion of the screer�ing. Mr. Gi1 Gunn, of P.G. & E., vaas asked why the section on screenin� was inser�ed here. Mr. Gunn said there may be cases where there is some pad mounted equipment in shopping cent�rs where it could be seens there.fore, it should be screened. Comm. Traeumer aslced if 3t is very inconvenient to have the� City hav� a voice in the pl�,cin�; of this equ3pment. He �.s,ked what conf licts arise when as�cin� them to place �he trans- former�s in a more aesthetically compatible place. He cited a specific problem in De Anza Verdes. The Ci�y Engineer, in addition to having control over the landscaping, sha11 also approve the location of the transforme"rs box as set forth by the P. G. & E. or whoever is instal].ing it. -3- PC-R8 MinL�tes or' �he, Plannir�g Commission ;�Ieeting of Apri? %5, 19b6 The Director of Public �orks said tha.t if the facilities are located in the street right-of-way we should have no problem, and added that the City has always enjoyed good relationships with P.G. & E, and P.T. & T. Mr. Dick Gullion, of P. T. & T., questioned their abili�y to follow through on the provision of the City Engineer checking al1 the appurtenances. The Director of Public �Iorks agreed. Comm. Frolich said the discussion is based on the assumption that the underground utilities will be in the front of the homes. Perhaps the lines could i°un along the fences a� the back of the lots, and where four #'ences meet �here could b� a diamond-shaped area where the transformers could be enclosed. Mr. Gunn said such a system would be very difficult and ex- pensive because sometimes trucks and heavy equipment are re- quired to install and�or maintain this undex�round equipment, and it would involve di�g3.ng up people's back yards, etc,. The lines must really run along the froni, where they are more easily accessib�e, The D3_rector of Fublic Works said the utility companies want a 10' easement from the back of a subdivision sidewalk. They pad mount terminal boxes every 8, 12 or 16 lots. The P.U.C. is currentl.y studying this, also. This part of the Ordinance could be left open until such time as we get a decis3on from the P,U.C. Comm. Horgan asked P.G. & E, where they�put terminal boxes. Mr, Gunn answered they.put them on the property, ,�ust behind the sidewalk. The City Attorney asked if this isn't a matter for the P.U,C, rather than the City. The Director of Public Works said it is too early to te13. It was decided to defer action on this section until the next meetin�. Sec.5,2 The Planning Director suggested Palo Alto's wording heres the Builders' Associa'cion's wording is inconclusive. Sec,6 OK Sec,7.1 OK Sec.7.2 Strike "less than 5 acres" Comm. Horgan questioned whether all bu'c Sect'ion 7.1 could be elim3nated here. Mr. Gullion said they will not go underground without an agreement with the developer. The deve].oper is going to pay the difference between the cost of the under- ground over that of �he overhead. _ L; _ PC-R8 Minutes o� the Planning Commission Meeting of Ap.ril 25 1966 -------------------------------------------------------------------- Comm. Frolich questioned the specific five acres for a Use Permit. Perhaps we should be more vague here. The staff was instructed to reword this section. � Mr. Jim 0'Brian, Builders' Association, said�this section could hurt the small builder. Sec.7.3 The Planning Direc'cor suggested the wording of the Second Draft here. Iie feels this provision is necessary in the hilly areas. Mr. Gullion said P.T. & T. has asked for a change in wording in Section 2.05 to make certain that they are included in Sec'cion 7.3. Sec.7. The Plannin� Director said that by ma�or par�cs he intended parks bigger than the Cen�ral Park, at least 20 or 30 acres. Comm. Frolich and Horgan would like to deiete Section 7, Comm. Frolich commented, �hat with the exceptions through Use Permit as specific as proposed, it would be little choice left to the Planning Commission but granting the Use Permit. It may be better to specify at least some exceptions without requiring a Use Permit Hearing. The staff would enforce the Ordinance in these cases, but when necessary, they could be referred to the Planning Commission for inte�pretation. The City Attorney was of the opinion that the Use Permit procedure kept the control better with the City, and that detailed specifications would help an applicant to �udge if he can qualify for a Use Permit. Comm, Frolich did no� agree. Comm. Traeumer feels the utilities should be underground in the parl�s in the City. People in a subdivision with underground utilities could be overlooking a park with ove�head lines. Mr. Burrel Leonard, Homestead Road, said the City does not at present have a ma�or park. It does have much open orchard land which is served by wells. It would be ex- tremely expensive to put their lines underground. The major problem is to protect productive land, not discourage orchardists from continuing their work. Comm. Traeumer said the Ordinance is not going to be retroactive. (Planning Director's no.te: The proposed Ordinance is not so worded that it would require underground utilities in orchards.) The City Attorney said the Use Permit would serve, if applied proper�,y, as a protection to the devslopers and to the City, Com�n. Horgan said tha� between Sections 6 and 7.3, Section 7,�! is taken care of; it is redundant. -5- PC-N8 Minutes of the Plannin� Commission Meeting of A�ril ^5, l��h --------------------------------------------------------------------- Vice-Cha.irman Hirshon felt "ma,�or par. ks" siZOUld be deleted and "all parks" inserted. The stai'f is to come up U�ith re- commended k�ordin� i'or� Sections 7. 3 and 7. �` . Sec.7,5 The Planning Director proposed a revised wording (the las'c column). Comm. Horgan felt that the paragraph should end with "....minimize obstruction of view." Mr. Gunn said it isn't a case of being excessive but a case of letting the developer ��now where he stands. Sec,7.6 Delete. Sec,7.7 Mr. Gullion said the Builders' Association's version is bes'c here. The Planning Director recommends the second draft, as revised; the Builders' Association's wording is too wea�{. Mr. Bob McArthur, engineer for the Telephone Company, said there are occasions where they should �o in separate trenches. The City Attorney sa3.d the word "undue' should be inserted before the caord "hardship." Mr. Gullion would no'c like it to be required by the Ordinance that utilities must all go in the same trench, There is a problem of coordination. Sec.8.l OK Sec.8.2 OK Sec.8.3 Mr. Gullion asked vuhat about if.the developer doesn't follow thrcugh with the complete development. The Plann3ng Director suggested this be discussed at the next meeting. Sec.8.t! Mr. Gullion would like more discussion on this, too. Moved by Comm. Traeumer, seconded by Comm. Horgan, to continue the First Hear3n�; until the next me�eting. Motion carried, �!-0 Vice-Chairman Hirshon ca].led for a recess at 10 P.M. Meeting reconvened at 10:10 P.M. jJII UNFINISHED BUSINESS There was none. -6- �'CpR8 T��inu'ces of the Planning CommZss�.o�� MeeCing of Apr�l 25, 1.965 VIII N�1�T BUSINESS 81,031 A. Bonanza Center - Referred from Citiy Council for repor� as to proper zone. The Planning Director said there has been an application for a Variance filed. As it must be published, it must be place�. on the May 9th agenda. The Planning Commission could dis- cuss the Zoning, e�c:, in principle ton3.ght and re�ort to the City Council; or the de��ision could be postponed un�il �he Variance comes up, The Variance is to permit the corral to be roof]:ess . Mr. Michael J. Briski, Attorney for North Homeway Company, would like to discuss �his tonight so they will know where they stand. The City A�torney�recapped the I�-Control and City Council proceedings on �his application. Mr. Briski emphasized that this is a cocnmercial operation. There iollowed some discussion of the ou'cside storage of materials. The Planning Director said we depend on Count� Ordinance NS1200, and the version we refe� to does not specifically cal�. for enclosed buildings for retail business. However, the City has made it a policy f;o require thi�, in accordance with the current version of NS1200, and to enforce this requiremer�t throu�h the Architectural and Site Control. He recommends the Variance procedure be used here, as Use Permits should be applied only in cases specifically men�ioned in the Ordinances. Comm. Frolich felt that if this is considered a commercial use we will run into future problems. Comm. Traeumer would ra#;her not have it come under th� Variance procedure be- . cause then they must prove hardship. He ask�d about deliveries. Comm. Traeumer felt it wculd be necessary to categorize this type of store. Mr. Briski sa3.d Sears sells everything, including lumber. The total idea of the store is a one-stop center to �urcha.se anything you need �o make, say, your own plan�er, includin� �he tools, buildin� materials, planter mix, and the plants; this is par� of their philosophy, There will be an arts and crafts center in the store which will offer free in- structior�s. The corral comprises 9000 sq, fi,. out of the �ota2 of �+0, 000 sq, ft . The Planning Director said the Variance woul.d be on the ques'cion of the roof, not on the use of the property. Comm, Frolich would 13ke a chance to go out to see the Campbell store . _.� _ PC-I�8 Mi.nvfes of the �Zr����z���� o�a17���i��lon �Zeeting of April ��, 196u Mr. Jerry Callner, president of tne Bonanza, said the cus- �tomers and the clerlcs must check everythiz7g out at the check-out counters. Vice-Chairman Hirshon feels this use belongs in a CG zone, and the stora�e area should come under �he Variance. The Ci�y A�torney said there should be some certification of where their warehousing is. Mr. Callner said the Bonanza is of the same character as a supermar�ce�. A11 of the stock in the corral area is for sale and is marked individually. There is no storage here. They buy their materials from dzsi;ribution yards . The City Attorney said the proper version of NS1200 for us to use is the one in effect �.t �he time of the City's in- corporat3.on. Moved by Comm. Traeumer, seconded by Comm. Horgan, to continue this matte�° to the next meeting. AYES: Comm. Frolich, Hor�an, Traeumer, Hirshon NAYS: None Motion carr3.ed, L4-0 �i-TM B . Vallco Park Tentative Map: Vallco Village Shopping Center, Shell Service Station, and E.U.B. Church. The Director of Pub3ic Works pointed out that the corner cut oi'f from the chureh which has been purchased by the commercial center will require a rezoning. This will come up at the nex� meeting. Since the church_has split their property, he recommends.including tlze church pro- perty in this Tentative Map and the dedication on Home- stead Road by the church. Since this is a commercial use, it requires a commercial sidewalk, which is� 10' of pav3.ng along side the curb and cutouts for street trees. This does not conform exac�ly with what Vallco has in mind. Mr. Walter Ward, General Manager of Vallco Park, said Vallco must have the Tentative Map approved before they can sign leases. Comm, Frolich said that since this has been a3red so tnoroughly recen�cly, perhaps the normal requirement to file 17 days in advance of a Hearing is not important here. The Director of Public Works said the staff had no reason for delaying this. Mr. Ward said that they would like a minimum of asphalt and concrete, per.the landscaping plan by Mr. Lawrence Halprin. They feel a 5� sidewalk on the curb and the intense planting behind the sidewalk would suffice, lhe Director of Public tinTorks said he would go along with the 5' sidewalk but not placed next to the curb, outlining -8- ?'C�-R8 P� 'Iinutes of the Planna..n� C..c�mmi.ssieri Me�Ling of Apr'il 25 1966 -------------------------------------------------------�---------__--_ the reasons for a planting between the s3.dewalk a.nd the cu.rb to protect pedestrians from movin� lanes of traffic. The Planning Director concurred. The City Attorney q�oted Section 1L! of Ordinance L!71�, which provides for the ex'cension per an agreement between �he Cii,y and the subdivider. The subdivider shall agree to put in all improvements as shown on Tentative and Final Maps. Section 1�:1, Para�raph C provides for the �ermination of the agreement upon the completion of praceedings und�r an Assessmen� District Act for construction of improvements deemed by the City �ngineer to be at Ieast the equivalent of the improvements specified in said agreement, and re- qu3red to be constructed by the subdivider. Section 15 requires the securing of a periormance bond. Section 19 provides �hat the Flanning Commission may recom- mend to the City Council ehceptions of any requirements, He asked if there would be performance bonds on Homestead and ��Jolfe Roads in lieu of the work being done at this time. Mr. Ward sai_d Va11co has produced $99,000 for Homestead Road improvement. Anoi;her �'allco. representative argued at greaf; length in favor of the monolithic sidewalk. The Plarsnin� Director and Director of Public ti��orks bo�h t feel tha.t for safety, tY�e planting should be ad�acent to ` the street. The Public Works Director said the purpose for a sidewalk is for pedestrians to walk, If you allow parking � you must have room to open car doors without bumping people. In addition, you must allow room for fire hydrants, mail t boxes, etc. Mr. Burrel Leonard said it is the duty of the Planning ' Commission to review their Ordinances to keep up-to-date. If you must have a sidewalk, separate it from the road�aay � by 25', On Wolfe Road there is no need for a sidewalk, but on Homestead Road a s3dewalk would�be needed because of the church. The Director of Public Works said, that if the sidewalk is set back 25-30', it will require an easement or a private sidewalk. Mr. Ward was in favor of the 5' sidewalk on easement, i separated by 25' of planting from the roadway. Comm. Frolich � felt Mr. Leonard's sidewalk idea was bold and imaginative. Mr. Ward suggested letting Mr. Halprin work this out and the H-Control pass on it, The Director of Public Works agreed that tr�is item should be left open. The City Ai;�orne�T ( said the Ord� nance says the staff c�n approve the Plan; 'che Planning Commission.can make recommendations for exceptions to the Ord3.nance; or the application can go forward witl�- out recommendation. -9- . PC-R8 Minutes of tne P1_annin� Commission Meeting of April 25, 1 966 I�r, John Brawn, �962� Homestead Road, representative of the church, said their sidewalks and fence on Homestead are com- pleted, and they are ready to dedicate. They feel a sidewal.k is not necessary on Linnet Lane. Paving will be done at the same time as Vallco's on Linnet La.ne. They have cobble- stone on the outside of the sidewalk on Homestead Road. They would prefer to have the Vallco sidewalk on the in- terior side� rather �han monolithic. Comm. Frolich asked if they were going to include the lanas of the church on this Agreement? What is being proposed about the perfor- formance bonds? Moved by Comm. Frolich, seconded by Comm. Traeumer, that the lands of the church be included on this Tentative Map as Parcel 3. AYES: Comm. Frolich, Horgan, Traeumer, Hirshon I�TAYS : None Motion carried, �-0 Moved by Comm. Tra.eumer that the First Hearin� be closed. He would like to see wha� Halprin has in mind for the side- UTa?k location. The Director of Public Works recommended the Tentative P�Iap be approved �t�d to let the City Council decide that. Comm. TraeumEt� withdrew his motion. Moved by Comm. Traeumer, seconded by Comm. Frolich, that the Hearings be closed. Motion carried, �-0 Moved by Comm, Traeumer, seconded by Comm. Frolich, that application �-TM-66 be approved with the exception of "Section A-A", but the church property to be included; the decision of the sidewalk is reserved for the City Council. Amendment by Comm. Frolich, seconded by Comm. Horgan, to � recommend e�.ception of 'che sidewalk width to 5', the loca- tion to be approved by the City Council after recommenda- tions by the lanclscape architect. Comm. Traeumer would like to send the Tentative Map to the City Council completed; let the minutes speak for themselves. Vote on the amendmen'c: AYES: Comm. Frolich, Horgan, Hirshon NAYS: Comm. Traeumer Motion carried, 3-1 Vote on the Motion: AYFS: Comm, Frolich, Horgan, Traeumer, Hirshon ; NAYS: None Motion carried, 4-0 -10- PC-t�8 P�irtutes_of_the_Planning_Commission_Meeting_ofrApril_25, _ 1966 C. Comm. Tr°aeumer would like to move that Vice-Chairman Hirshon be appointed Chairman. There was some discus- sion and it was decided they would defer the election of a Chairman un�il such time as the Commission is Complete. The City Attorney said Section 1 ' of Ordi- nance 5 does not say this appointment must take place at any certain time, D. Comments by the staff on the Underground Utilities Ordinance to be sent out to the Commissioners and other interes�ed parties, IX ADJOURNMENT Moved by Comm. Frolich, seconded by Comm. Traeumer, to adjourn the meeting at 11:50 P.M. A PPROVID : /s� Jack Hirshon Vice-Chazrman ATTEST: � f _ pC_.C�i(�l�1/�"� -���� M Adde La.ur n Director of Planning -11-