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PC 05-09-66 . 1C�:��1 South Sarato�a-Sunny F? Roac� Cupertino, Califo��nia, 95�1�� phone: 252-�5C5 pc-H9 - - ------- ----- ._ __....___ _ ___ - - 80, 000, 3 C I TY OF CU PERTI T•JO California MINUTES OF THE REGULAR MEETING OF THE PLANNING COMNIISSION May 9, 1966 8:00 P.M. Held in the Board Room, Cupertino Elementary School District Office, 10301 Vista Drive, Cupertino, California I SALUTE TO THE FLAG II ROLL CALL� Minutes of the previous meeting, 1 ' /25/66 Comm, present ; Frolich, Horgan, Traeumer, Hirshon Comm, absent: None Staff present: City Attorn.ey, Sam Anderson Director of Public Works, Frank Finney D:irector of Planning, Adde La.urin City Engineer, Bob Shook As:�istant Planner, Jim Nuzum Recording Secretary, Lois InU�ards Moved by Comm. Horgan, secon�ed by Comm. Traeumer, to approve the Minutes of L!/25/66 P!Iotion carried, �-0 III ANNOUNCEI�IETdTS OF POSTPONEMENTS, etc . 5- U-66 Communicat�_on from t�l. Downing, Manager of Plannin� and Development for Kaiser Sand ar,d Gravel: "tnTould you please place our appli�ation for a rock processing plant on �he inactive f3.le, We have no plans at present for pursu3ng ;.. this project." The Planning Director pointed out that if and when this application is reactivated it must be re- advertised, posted, e�c. _ Mrs, Anthony Voss, lOLi Stevena Canyon Road, said she would like to be notified if and wher� Kaiser has a fiearing. A l�_st v�as sent through the audience for those interested persons who would lil�e to be notified if and when this application is reactivated. It contained 1 -l3 si;na�tures, IV WRITTEN COMMUNICATIONS 86015 Mrs. Caroline Jagiello, 22�!08 Balustrol Court, Cupertino, said she has a petition, signed by 116 residents in the S��evens Canyon Road-t+oothill Blvd, area pertaining to the traffic situation in �hai� area; heavy truck traffic not obeyin� speed limits, e�c. -1- PC-Ry Mir_tztes of the May 9 1966 Plann�n� Commi�sion r2eetin� Moved by Comm. Frolich, seconded by Comm� Traeurner to forward this petition to the City Council. Motion carried, �-0 V VERBAL COMMUNICATIONS There were none. VI HEARINGS SCHEDULED: �J- A. CARNATION COMPANY: Variance to allow additional sign on s�_de of buildin� - 1007� East Estates Drive. First Hearing. The Assistant Planner rev�.ewed his memo of May L!th on this application. This is a request to exceed the square footage allowed by the Sign Crdinance in order 'co permit the applicant to erect his standard signs. Two sides of the buildin� face streets and they would like to have signs placed on both s3des and, thus, would �o over that square footage alloin�ed� Letters are to be fastened clirectly to side of building: CARNATION ICECREAMLANll. Mr. Gus Gobel, Carnation Company representative, said all but the last 2 or 3 letters of the last word eould go on the buildin� without a Varxance. Comm. Traeumer asked if the vaord ICECREAi�ILAND could be put up without the word CARNATION? The Planning Director said this would be an inoffensive sign. Tl1e City� At'corney said, under Section 6, we do have ex- ceptions. This could come under the dimini.mus rule, Comm. Frolich said we ma�T be defeating the purpose of the Si�n Ord3.nance if we apply too strict an application to it, creatzng something that is not intended in the Ordinance. In the case of a small shop v�hich depends on a large number of small spenders rather than a small number of big spenders, on-site advertising is of para- mount importance. Moved by Comm, Horgan,�seconded by Comm. Frolich, to close The Public Hearings. AYESs Comm. Frolich, Hor�an NAYS: Comm. Traeumer, Hirshon Motion tied, 2-2 Chairman Hirshon said he was concerned about precedent settin�. He would like to know a little more about this before making a decision. -2- PC-R9 Minutes of the May 9 1�66 PI�nn3_n� Commission Nieeting Moved b�r Comm. Traeumer, seconded by ChairmZn Hirshon, i,o close�the First Hearin�;. AYES: Comm. Horgan, Traeumer, Hirshon NAYS: Comm. Frolich Motion carried, 3-1 The sta�f was as��ed to come up witn specific f i�ures on the allowable si�ns and the percentage of increase re- quested. 5-v-66 B. NORTH HOMEWAY COMPANY (BONAI�SZA): Variance to allow retail finished lumber and nursery products sales opera'cion in a roofless area, as an integral part of a departr�ent store of do-it-you:�self goods in an 8.3 acre shopping cer�i,er complex, I�JWW corner of Homestead Road and Saratoga-Sunnyvale Road, (Planning Com- mission report as to proper zoning re Bonanza to be completed prior to this Public Hearing,) First Hearing. The Planning Director said his department has submitted t?�o memos regard.�n� 'chis application. If no processin� .is done on`the p�emises and no truck pick-up operation is present; only a super market type check out; then it could be a commercial use. If' this is the case, the next question is wlzether or not a Variance is n�eded. The eleven-year-old County Ordinance (NS1200) U�hich we are currentl�r using does not expressly say that retail sales must be in an enclosed building, but if we consider this to be impl3ed, a Variance w ould be needed. The Director saic� that he would prefer to see the lumber area roofed, but if a Variance were granted, conditions should be imposed, The corral should.be Tiaalled, with the �op af it slanted .in, loo��ing like the be�innin� of a roof, Lumber, etc., should not protrude above �he top of the wall or be visible throu�h windows. Mr, Michael Briski, Att�orney, displayed a render3ng of the proposec� Bonanza. He asked if there were any questions from the Commissioners since they have now had a chance to see the Campbell operation. Cornm, Horgan asked if they intended to have pallets of fertilizer in the park�ng lot in Cupertino. Mr. Briski said this only is a seasonal promotion. If they are objecti�nable, Bonanza is willing to confine them. Comm. Horgan asked if they will put a sign above thei_r corral in Cupertino. Mr, Briski said they would no�e _ � PC-R9 Minutes of the May g, 1y66 Plann�_.ng Commission Mee�ing Comm, Ho��gan asked if they intended to put sub�tantial quantiti�s of lumber behind their store here, as they have don� in Campbell. Mr. Briski said they have been apprised that there can b� no stora�e of lumber. If a problem arises, they will just have to increase their deliveries. The only lumber cut in the Campbell store is for the con- venience of the customer. Mr. Gratan Hogan, 11067 Linda Vista Dr�ve, said he looked at the Campbell place. If this requires a Variance and Industrial Zoning, it seems that the type of operation would not be a credit to Cupertino. The Cit,y Attorney said the Ordinance we wor�c under now only permits the Use Permit procedure under specific Ordinances. Chairman Hirshon asl.ed if the current County Ordinance could be pers�asive to the City of Cupertino. The City Attorney said it could not. Comm. Frolich said the Commission must establish if this is a commercial use oi the property. The City Attorney said one element of a'lumber yard is lack of a roof. Comm. Frolich could not see anything different be�ween Bonanza and Bicicell Bros. (which require� a rezoning to ML) than the matter o� degree. They sell a number of thin�;s that Bickell does not sell. Bickell's has out- side stora�e of lumber. Chairman Hirshon asked �he City Attorney if the Planning Commissi on has �he power to determine that part of this use is commercial and another portion should be rezoned to ML, Comm. Traeumer felt Bonanza could be considered a CG use. Chairman Hirshon felt that, in light of the Ord�nance, sa�ling �o size is processing and stora�e of lum�er makes it f2� into an ML ra�her than CG use. Comm. Traeumer started to make a motion, but was interrup�ed by Atty, Briski, who wished to rebut, Mr. Briski said Bonanza is willin� to give up the saw if it is the determining factor of this application. He challenged the thinking �hat this could be classified as a lumber yard, .He emphasized that this is a major tenant in a shopping cent�r. The b�sic idea of this type of inerchandisin� is that if a person has a backyard project, he could �o��o Bonanza and make all his purchases to complete the project. H� sug�ested a restric�ion be made that aIl lumber must be in the corral. He repeated that the corral is only a part of the total concept. A roof is not really necessary on that portion of the build- in�. It would spoil the outside of the building and serve no real purpose. _ L� _ PC-P,9 Minutes of the Nlay a, 1.966 Yla���r.ing Commi �: i�n ?`'1''ELlrim Mr. I3riski said this business is not objectionable-- no noise, odors, etc. I'c is something that will be en�oyed by the community. La�er, they hope to put in a bank, a super market, etc. Mrs. Ja�iello asked what kind of zoning Bay Mari, has and equa�ed this operation �o it. The City Attorne�r said Bay Mart is in another jurisd3ction, and w� do not have this information, Mr. Noor Billawalla, of Cu�ertino Real'cy, made comparisons between a lumber yard and this type of operation. For in- stance, a lumber yard usually is not paved. Moved by Comm. Traeumer, seconded by Comm. Hor�an, to repor� to the City Council in response to the request that the Flanning Commission determine questions re�;arding Bonanza: That the Planning Commission has determin�d the Bonanza operation is basically a super market; �cype opera- tion whose main function is not to process, store or merchandise items mostly rel�ed to a Light Tndusi,rial use; furi,her, the square foo attributed to such use that might be considered Li;;l�t Industrial is less than ?_5/; and consequently �stablishes that the merchandise of Bonanza is commercial ra'cher than light industrial. AY�S: Comm. Iior�an, Tra�umer NAYS: Comm, Frolich, Hirshan ( ' Motion tied, 2-2 E , k Comm, Hirshon commented �hat in his vote of NAY he did not , mean to imply 'chat the fact the corral has no roof is the ` cr3.terium here. His vote is based on going ou� to the area and seeing the �;eneral character of the operation. It looked to him like the stora�e of bu3.lding mater�_als and � therefore fall�ng in�o ML Zoning category. The.balance of the use h� felt was commercial. � MITNTE ORDER: Moved by Comm. Frolich, seconded by Comn�. Traeumer, thati the Plannin� Commisaion finds that, ti�ere thzs use to be found proper for commercial zonin� , tYie Planning Corn- mission f_inds there is rio prohibi'cion of a roofless corral such as 'che one bein ; proposed here and, th�refore, no provision for a Variance is needed. � AY�S: Comm, Frolich, Horgan, Traeumer, Hirshon NAYS: None Motion carried, �!-0 ` Comm. Frolich asked that the Cha3rman, in his repor'c 'co the City Council, make sure �the Council understands this means only that the Planning Commission feels no Var�anne is required. -5- PC_Rg___Mirn�tes _1966 _F1 ann�.r.��: OtT1T?'1��51.011-t-tcC:L�-i ��__ � MII3tTTL JRDER: Moved by Comm. F'rolich, seconded by Comm� Horgan, that the Planning Commission's report to the City C�uncil show that the Commission was split, 2-2, on whether this was an ML or CG use . AYES: Comm. Frolich, Horgan, Traeumer, Hirshon NAYS: None Motion carried, �I-0 Chairman Hirshon called for a break at 9:10 P.M. Meeting reconvened at 9:30 P.i�i, 5-U-66 C. KAISER SAND AND GRAVEL: Use Permit to allow sand and gravel processing plant at Stevens Canyon Road, 1/�} mile downstream.from dam on west side of road. First H�aring. This application has been pl�ced ir. the inactive file, at the requeut of the applicant. �l-Z-66 D. VALLCO PARi�s Rezoning to Planned Development {P) of tUao parcels �one near the SE corner of Homestead Road and Linnet Lane, the other at th� south end of Linnet Lane) to conform with zoning of adjacent p.ro- perties owned by Vallco Par��. First Hearing. The Planning Director poin�Ced out that these are two separate �arcels; ��2 is a routine follow-up of previously approved Use Permit and Tentative Ma p, but ��1 is a new itein. Mr. t�Jalter Ward, General Manager of Vallco Park, displayed an aerial photo of the area, and pointed out the traffic pattern. Ordinance No 255 gave P Zoning to all but Mr. Mine's property. There is no specific use for the tri- angular piece of property yet. Mr. Mine is not ready to sell his property; he wants to stay there until his children are.out of school. It is premature to decide the traff ic pattern at this time; perhaps this could be done together with the Use Permit. Mr. Ward as�ted for P Zoning at this time. The Planning Director said it is proper at this time to ask for both a Land Use Map and a Tentative Developmen�c Plan; the Linnet Lane access should be discussed at this time because we should reassure the people in Sunnyvale. The City A'ctorney �aid, if there should be an amendment to the original La.nd Use Map, there should be some'ching in the Minutes reflecti.n� this amendment to the ori�inal Mapa This is how it was handled in the Town Center. -6- PC _i966 _Plaran�_ng_C�mmission_Pnee�ir�g___ Chairman Hirshon asked what the urgency is to rezone Parcel 1 since the Mine property can't be purcllased at this time, Comm. Traeumer asl�ed 'che Plannin� Director about the re- quirement of Develop�nent Plans at the time of rezonin�. H� feels a Development Plan should be required wi�ch the Tentat�ve Map, because the traffic pattern should be wor?�ed out. The City Attorney said we need 'co work out wha� con�titutes a pre3iminary plan. Moved b�� Comm. Frolich, seconded by Comm. Horgan, to close The Public Hearings. AYES: Comm. Frolich, Hor�an, Traeumer, Hirshon NAYS: None 1��0� 1_on carried, �i -0 Moved b,y Comm. Frolich, seconded by Comm. Horgan, that application �! -Z-66 be recommended for approval, sub j ec�C to the condi�ion �hat the two parcels be identified thus: Parcel 1= Adminis�rative and Professional Office �OA) Use: Parcel 2= General Commercial (CG) Use; and that the Land Use Map be so amended, ' ' AY�S: Comm. �'rolich, Hor�an, Traeumer, Hirshon NAVS: None Mo'cion carried, L! -0 80,011 E. ORDTNANCE 33�: UNDERGROUND UTILITIES. Firs�; Hearin� 81,00� continueu. The Planning Director presented his fourl�h draft, and the Commission began a review of revised or sti11 contro- versial items from the top. The first ?2 pages of the four'ch draft were reviewed and the fourth draf'c approved, except �'or the followin� changes: 2:O�t Change "proposed dedications, easements, restrictive covenants and/or documents providing for maintenance; public and priva'ce streets, with cross-sections;" to "proposed restrictive covenants andjor documents pro- vidin� for maintenanc�; driveways;''. 2:09 Eliminate P.G. & E. Alt. 3;1 Chan�e "service within any new construction and deve3op- ment in" to "service to any new developmen� area within". 3:3 Insert "related" after "other" on second line. 3;3 Eliminate Builders' Alt. 5:1 (E�Jordin ; still open for discussion. ) 5:1 Eliminate Builders' Alt. -7- PC- Niinu��s �f. �he May 9 19�G Plar�ning Cr�mini��.. or1 Mee t�_rig --- -------------�-------�-----� ---------------------------------------- There Uaas considerable discussion of whether or r�o � street widening constituted a new development; therefor�, requir- in� the util.ities to �o under�round. It was detei^mined that street widening does not constitute going underground even thou;h they are a1on� a new development, if the u�:ilities are transmission lines. If they are distribution lines, anything on the development side of the centerline would ;o underground. Mr. Bob 1�'IcArthur, of the Telephone Company, said this would be a very expensive job for sma11 subdivisions. He feels under�rounding should be restricted io � wi'ciiin new developmen�CS at this �ime. Comm. Traeumer suggested the City staff study the street widenin�; aspect in Section 3:1. Mr, Jim 0'Brian, of the Builders' Association, said i'c is their feel�.n� that Sec'cion 3:l should be delei,ed. The intent is set forth in the earlier part of the Ordinance. Moved by Comm. Traeumer, seconded by Comm, Hor�an, that Ordinance No. 331 First; Hearin� be continued to the next re�ular meetin�. AYES: Comm. Frc�lich, Hor�an, Traeumer, Hirshon NAYS: None Motion carried, �-0 VII UNFINISHL'D Bi�SINESS There was none. VIII N.EW BUSINESS � S1,OO�I A. SIGN ORDINANC�: Se'ctin� a date for Worlc S�ssion and/or Public Hearing. It was decided �hat Hearings on the Sign Ordinance would not l�eUin unt:�l after the Underground Utility Ordinance has been completed. 86 ,01�4 B. R�PORT ON McCLELLAN ROAD STUDY. The Plannin� Direc�or explained the staff's proposal for McClellan Road. Ther� is reason to pl�n t'our moving lanes; parkin� lanes are not necessary unless you have to provide fronta�e. A 90' street is more dangerou.s than a�0' s�reet with the same traffic volume.. There is general a�reement that Bollinger Road should be ex�ended to Stelling, but improvements that would add a lot of traff ic to Bollin�er might not be worthwhile be- cause of the residential character of this street. -8- PC-•R9 Minutes of �he May 9, �966 Planning Commission M�ef,ing ------------------------------------------------------------�-- Comm. Frolich feels the southerly connection (tl�e red line on the map display�d by th� Director) was �:he best proposal. The Director of Plannin� su�gested that they be allowed to present these points of view. If the County and San Jose want to go ahead with some extensive pro�ram within their area, Cupertino should go along, but not �ake the initiative, The Director of Public t�lorks said the County's G�neral Plan never intended Bollin`er Road to continue west of Hi�hway 85 . Foothill Blvd, was proposed to extend to Prospect Road. Two 60' roads would serve the area be�ter than o��e 90' road. De Anza Colle�e does not serve much area beyond Prospec'c Road, which is the Saratoga City Limit, Comm. Frolich brought up the problem of access to the free-- way from McClellan wi'ch sou�chbound off ramp and northbound on ramp. This was su��ested about two years ago, but somebody d�°opped the ball. The Director of Pub7.ic Works as�ced if McClellan should be 90'. Comm, Traeumer said i� should be four movinU lanes, and No-Parkin� restric'cion on the north side of. �he street. MINU�'E ORDER: Moved by Comm. Frolich, seconded by Comm. Traeumer, that the two west bound lanes be provided from Ste].1ing to �he freeway and Bubb Road: 60' after tha'c. Fr�eway ramps should be shown on the map. I � Motion carried, �I-0 � 1 X ADJOURNT�'ITi',NT � Moved �y Com;n, Traeumer, seconded by Comm. Horgan, to ` adjourn the mee�ing �t 12:07. � A PPROVED: � �s/ Jack Hirshon __ V3ce-C asrman ATTEST: . ��t/�(�� i f ,r �' ' � �� � �-' `' Adde Laurin Plannin� �irector r _�_