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PC 06-13-66 10�� �. Scuth S�r. a�ova -.S�zni - �y��:L�? Roaci Cuper�tino, Callforrlia, 9501L!. �hon : 252-���505 PC-Rll--------------------�---- _--- -_ ---. . ___.______________ � 80,000.3 C I T Y 0 F C U P E R T T N 0 C� lifornia P'ITNUTES OF THE REGULAR M���l'ING OF TrIE PLAi1NTNG COMMISSION June 13, 1966 8�0o PM �ield in the Multi Pur�ose Room, Poi�tal School, 10300 North Blaney, Cuper�ino, Cal3fornia I SP.LUTE TO THE FLl�G II RO�L CALL: NITNTES OF PRrV"IUUS M�ETING, 5/23/66 Cha:i_r<<��.n Pro Tem H�_rsnon wa;� ab:�en�, on official busines�, and ��ad appointed Corr�rn. Fro �ich as Actin� CYia.irman for this meeting. The City Clerk offici�.11y svaore in i,hree Commissioners: MeS��x'S . Br�rson ana Bu �henuth, and the reap�ointed Com�7�. Frolich, Comm, prese.zt : Br�Tsan, Buth�rluth, Horgan, Frolich Comm, ak�s�r'c: Fiii�shon Staff preser�i, : Directo_r of PubJ_ic ti^Jorl�s, F�^ank Finney� virector of Planning, Adde Laurin City Engineer, Bob �hoo�r City C7.erk, Ka;T �Iaddoi� Assistant P7.�.nner, Jiin Nuzum Recor�ding Secz�etary, Lois snwards Moved by Comms Hor�an, sec�nded b�r Comm, Frolich, to apnrove the AZinutes of May 23, 196C, as read, Motion carried, 2-0, with 2 abstentions III ANNOUNCEM�TIS OF POSTPGNEM�NTS, etc, Z'here we�°e non� . IV UIi�ITT�i1 COi�2NlUNICATIUNS. l. The Cl.�tT Council requests a joint meAting tvith the Plannin� Commission, su�ges'cing th� Pl�nriin� Corn�n� �sion decide on three alterna�ive dates when ail can be pre- scn�, �.nd the Cauncil tniill make �he f. inal decis�i.on on the date of this joint meeting. -1- PC-R11 80,000.3 The Plannin� Ccmmiss3.on decided they coul.c? 311 attei�d th-%,� joint meetinm with �he Council any of. the last three Tuesciays or Wednesdays of July. 2. The Direc�or of Planning said there presently are two Ordinances "in the hopper," A s�udy session for Ju��e 28 or 29 Uaill be set up for review of 'che Sign �rdinance. (Planning Direc'cor's note: June 2q, a 8 P.M., at the Cl��e ui= Zng n spec or s Ot lce ;� `�- - The other Ordinance to be considered is for Agricultural � A), Ag.r_icultur�l-Residential (�.1), General Commercial CG) and Light lndustria? (P�IL) Zones; we now depend on the 1.955 version of the County's Ordinance, which is out- dated. V VEI�BAL CUMMUNICATIOI�TS 12-U-65 1. T�Zr. Norman S�cei:�, 2C��; 8 Alves Drive, Cupertino, said a group of horneow���rs on A1ves Drive were p esent about 3 r��onths a;o when the YMCA app�.ication T�vas heard . At that �3.me, they protested Alves Drive going throubh and were assurPd �hey woul� be notifieci. b� re�istered mail when the si�uation cume up aga.in for review. The home- owners sti:'_1 share this Ulish to lzave Alves Drive remain a de�.d-end, The Plannin�; Director said the Ten'cative Map whic�� came befere the City Council at their last meetin� only pro- vi�es for an access to the YMCA property, Tne people's narnes are on file and they will be notified when the Ten�ative Map for the YMCA comes up for revieva. VI HEARINGS SCHEDULFD: 7-v-66 A. COPPOLA'S PIZZA PARLOR: Variance to determine if three existin�; si�ns 10 square feet in excess of square foot- a�e allovaed by Ordinance may r•emain - 100L!Q South Saratoga-Sunnyvale Road, Second Hearing. The Assistant Planner sLtmmarized tlze previous hearin�;s on this application at the Plannin� Commission, H-Control and the Cit� Council meetings, which be;an some 13 months a�o, 2nd can be found xn the l�'linutes of' those meetin�s. The City Council, upon the advice of the City Attorney, h�.s recently ruled that the sq,uare foota�e on the sides of build- in�s is not cumula�ive; a reversal of i:he Buildin� Depart- ment's interpretation of the Sign Ordinance, It was recom- mended that the decisior� on 7-V-66 be based on the BL�ilding Department's previous interpretation, si��ce tYlis was the information �iven the applicant. _�_ PC-I'.1:1 8�, �00, 3 Comr�, fior��n s�id he was on the I-I--Confr.ol Com�nit'c<�e wi:en this application was first revievaed by f;lz�.t bcdy� The applicant w�.s �;iven a permit for tne s.L�n on the side of the builclin� �.nd the si�n on �he fron'c �i' the buildin� arld he taas told to remove the roof s�.gne P�r. Coppola asked that the Planning Commission tal:e in�o consideration that his business location is very indefinite; he is on a month-to-month basis, It would cost him �50 to remove the roof si�n, and his business is running in the red, He believes the roof sign helps 11is business, alon�; wa.th the otner 'cwo signs . The Director of Public Works said there a.re some plans now for a bui_1din� on 'che corner of S'c�vens Creek Blvd ., and Sa�atoga.-Sunnyval� Road, which would obli�;era�e the si;n on the side of the pizza parlor. Chairman Frolich suggested ho.lding this application in abeyance un�il fihe revised Sign Ordinance is in effect. He as�ced :�f LI1� revised Sign Ordinance vaould help or l�inder the appl? cani�, T��e �ssistant Planner said i� could �o either vaay, depending on the revisions, P�Ioved by Comm. Hor�2n, seconded by Comm, I3uthenuth, �o continue application 7-V-66 for ttn�o weeks, to enable the fifth Commissioner to be present �o vote on this appl�ca- tion. AVZS : Comm. Br�rson, Bu�henuth, Hor�an, Frolich TTA �'S : None ABSENT: Comm. Hirshon �� Motion carried, �! -0 S-Z-•66 B. FRANKLIN-?�JINDSO� DEZTrLOPMLNT COMPANY {FRI?NKLIN-BAHL) : Rezoning from R1-7.5 to Professional Office (OA), Lot 1, `I'ract 2551, approxima'cely 500 fee'c east of corner of S,�ra�o�a-Sunnyvale Road and Bollin�;er Roac� . � . Seeond Hearin�, Mr. Donald Ba.hl 2323 Prunerid�e, Santa Clara, said i,hat, since it is a len,thy procedu to presen� h�_s case, and one Pl2nning Commissioner is abseni,, },�erhaps �he Planning Commission would li�ce to postpone this for two weeks. It was decided Mr� Bahl should proceed with his pre�sen�a- tion for the ber�efit of the: two new Com��issioners, and a decis�on about; possible post�onement �hen be made. -3- � . PC�-Itl� , , ,. , .. . . Mr. T3ah1 said this is part of a recorded subdivision an.d his company Y�ecame owners of this lot along Urith five others throu�;h a foreclosure; i� was a pacllage deal. They had to accept this lo� if they wanted the five others. They bui3t and so?d the other five and built a concrete bridge for traffic circulation. They have built and so ld 61 homes in Cupertino in �che past year and offered this lot for �2000 less than the others, but had no 'c��cers. They feel it would be good plannin; to put this profes�ional office on this lot. He displayed a renderi�� of the proposed building, a diagram showing the parl��n� layout, and a nei�;hborhood plan, showin� nearby land use. � The Plannirg Director repeated his opinion of a year a�o, that this lo'c, on 90 faot Bollinger Road, is unsuituble for R1 and even more unsuitable for R2 or R3 (v��ith more children per acre). CG t°aould create too much traff ic and generally be detrimenzal. The proposed use is the least undesirable. The Plar.nin�; Directo�� said that if this rezoning wex� approved there should Uc conditions that there be sufficier�t screen- in� between the parking lot and tl�.e �.djacen� lot, to the satisfaction of the H-Contrbl, and that the building be one s�ory and nct more than 16' in he�ght, Cnairman Frolich pointed out tha� one theory used in Lhe past to buffer R1 from Commercial was t;o put in duplexes a.nd apartmzn'cs b��t�aeen the �wo diff_ eren� zon�s; thus screenin� people from unsightlf areas �•�ith even hi�her density of people. The City has since crea'ced a Profes- sional Offic� Zone, much for the reason i,hat this would be a suitable transitian zone. He said he could no� envision an Rl home on this corner lo�, he also does not subscribe to the theor� thai, this will open Bollinger Road tfl Commercial since the Cit�r Council has refused Co► zonings oi1 two different occasions on property f��ontin; on Bollinger Road,.further east. Chairman Frolich as�ced for comr�en�s from the audience , Mr. Bill Kendric��, 203�!3 Gillick ��v'ay, Cupertino, said he woLtld act as spokesmar_ for the group of .zomeotraners � n'che neighborhood, and biougnt up the following factors: 1, The �roup feels that r�zonin� of this lo� would se�c a � precedeni,, and would open up Bollin�er Road for more Commercial. 2. He asleed if the applican'c can be forced to build �r�hat he has presented in order to get th� zo ning, Chairman Frolich said this is not always possible, and past ex- perience has proven that develop�rs do not altraays Folloza throu�h taith the plans they submitted at the time of rezoning; hovaever, condi�ions can be attached, sL�ch as screened plan�ing, e�cc , _ Z�. _ PC-R11 Planning Commission Meeting of Jun� 13,,1966 3. The lot :is presently ver� una��tr�.c�;ive ���.Lh tiveeds, etc., and it is felt that if the developer were conscientiously tryin� to se11 this 1ot for R1 the� would keep it in better condition and at least pui, a FOR SALL si�n on it. �' . The homeowners on Gillicic I�Jay are concerned about the traffic and parkin� problems wYzich would 'r�e �enerated by the proposed use of the property. 5. A case Vaas cited wherein a Motor Vehicle Departmeni, was put on just such a lo�, and the State had �o pur- chase several ad,jacent lots to provide ample room to carry on their normal business. 6, tiJith De Anza College comin� 'co Cupertino, tae must jealously �uard our residenti�.I property. 7. Mr. Kendric�c quoted from a subdivision report and record, st��.tit�� essentiall�T that theirs is an Rl l�ome , 8. A show of hands inclicated there were six persons pre- s�nti a� 'che mee'cin� to p this rezoning. M.r, B�+hl subrn:i'cted a petition, on FRANILLIN-BAHL DEVFLOPMENT COMPANY lez'cerhead, vaith the followin�: "ti�Je, the undersigned support the chan�e in zoning oF Lot 1 Tract 2551, corner of Bo1lin�er Road ai�d Clifden Way, Cupertino, from R-1 (single family hom�s) to P.O. Professior�al Ofi ice. Mr. C. L. Heinsoth Lo�c 2 Mrs, C. L. Heinsoth Lo� 2 Mr. M. P�Ioreno Mrs . AZ, V. Moreno Mr . 8c M� s, J. A. Cangini Mr. & Mrs . HoVaard V. Horne Lot 3L4 Do ro t hy R.. Ho rrle Lo t 3� Robert 0. McI�Tair Mary F. McNair Mar�aret Denson Elmer Denson Kenneth Condon Barbara A, Condon Ron F, Keller Jean Keller" -5- PC-R11 Planning Commisslon N��eting of 3ufie 13 1�v5 T�'Ir. B�.11 Coyle, of ti�:�est Va].ley Homeowners' Federation, Inc ., said they feel Bollinger should remain Rl. There is some thou�ht now �o make it a baulevard. It has been proven that people wi11 buy homes on streets such as Bolling�r. He said that the Federation unsuccessfully fought �he apart- ments on the other side of Bo1lin�er. He feels tha� a tract map, when filed,, should include all enti�ies and should give to �he people in the subdivision i,l�e informa- tion tha.t the developer has held ou�; certain properties and for what purpose. He objects to puttin� in a higher use between �wo residential uses. Mr. Randy Kirks, 20305 Gi3lick ��1ay, could not see why i;his �ot won't sell as v��ell as the other lo�s. Two homes on Bollin�er Road were recently resold. Mr. Nick An�elopulos, 20378 G�.1z�c� j�:Tay, feels 'che appli- can� could build a less expensive home than they normally build and have no trouble sellin� i at this Iocation. Moved by Comin. �:organ, seconded by Comm, Buthenu,th, �o continue the Second Hearing on application 5 Mo�cion carried, L�-0 6-Z-66 C, BEAULIEU ESTATE (Jack S, and Edward F. Euphrat}: Rezoning from Rl-l0ag to CG, 12.8 acres, SW corner Stevens Creeic Blvd, and Stelling Poad. First Hearing. Mr. Jac�c Eu phrat, of Atherton, said ne is a�ainst selling this proper.t� to subdividers. He feels there must be a better use for this proper�y than Rl. It is his wish to have.this propert� s�rictly controlled by the City and the Colle�e, At present, there are no plans for develop{nent or sale of �his property. However, since it is in estate, and so methin� could happen to him and his brother, they feel that now is the time to lay the �round work to have it developed in such a Uray as is befittin� this location. The Plannin� Director said he would lilce to formally re- quest the Planning Commission havE at Ieast two Hearin�s on this rezonin�; because of it�s importance and its impact on the communi'cy, He wan�ed to ma�ce a part of his verbal presentation clurin� this meeting, and cc�ntinue it at the next. He would also present a written.report at the ne:�� meeting. The Planning Direc�or felt t?�at the College will provide the City vaitlz a focal point, attractin� people interested in cultural activities. He showed plans for a"Commercial- Cultural Center" adjacent 'co the College and thought i� would be very beneficial, provided tha� the uses�were strictly controlled. -6- PC-Rll Plannin� Co��nission P��eetzng af . June 13 1966 The Plannin� Direci,or said tha�, actuall�r, such uses need the protection oi controls, otherwise ��1ey �;et crowdecl out by �eneral commercial uses. P Zonin�, with develop- ment plan and strict conditions, taould be �he proper procedure, Advance notice of the City's intentions can be �iven through the Neighborhood Plan procedure. The Plannin� Director also investiga�ed other possible Zonings. CG is �h� Zoning on Stevens Creek Blvd., from Stelling Road to San Jose, and what we see there is what we get with this Zoning. OA may or ma�r not be be�t�r. R3 apartmen�s may be drab or good, dependin� on Zonlnz; controls. MP Zoning for a research-and-development indLastry may not be objectionable, and may indeed be nex� best to the "commercial-cultural center." Mr. Euphrat said he ti�lants the colle�e and the City to have strict control �o preven� homes from bein� built on this proper�y. Chairman F.rolich said rezoning with no s�rin�s attached would not assure qu3lity of the development of thi� properi,y� The Plarnin� Director presented picture post cards il1_us- trating the �ype of development which he envisions coL?ld be loc�.�ed on i,hi s property. Mr�s. Elizabeth Atkinson, 20615 Rodrigues, told the appli- cant 'chat �he Count�r is presen'�ly lookin�; for a loca'ca.on for its ne<<a County Library. � Mrs. Ruth Srnith, 2080g Shelley Drive, said She is con- cer°ned about commercial use of th is prol�er'cy bec�.use of its pi�oxir�it�T to Paria Sehool. They are not objectl_n� to controlled use of the propert�, however. Dr. Flint, of Foo'chill Colle;e, stated the College's posi- tion in tha;; theJ are disturbed that tl�e County wants P�IcC1e11an Road widened to 90', and Lhat the County h�.s rezoned the corner of Stellin� and NcC�.e].lan to commercial. The College, when lookin; for an�additional site, need�d 100 acres. Mr. Euphrat lowered �he price on h3.s acrea�e prov�ded he could retain ownership of 12 acres frontin� on Si,ellin� and Stevens Creek Blvd. Mr. Luphrat is closel�r associat;ed with the College, and Dr. F1int said they have a Geni.leman's.Agreement that wh�n that pro�erty is developed, it taill definitel.y be tiomething that is compatible vaii;h the College. l��r. Euphrat said he would li�;e to have this proper'cJ rezoned a'c this time so that the Colle�e will have a say in the control of how it is develop�dy both the use, and the archi'cectural design. �7 - _�V F'�_a,iii;ll��, C�vaiuiL.l��lvti i�IcLLii�� V�' JUllc 1�y 1yVJ ------------------�-------------------_•.____------__�----- 1'�Ire Bob Schoen, 20678 Shelley Drive, said he is pre�id�nt of Faria School PTA. He as�Led why the chan�e in zoning is needed now since rZr. Eupl�rat said th�y do na� plari to develop it for several years. He said they would be very concerned about any "attractive nuisance" going in there. Mr. Euphrat said taxes are part of the problem, This pro- perty is in estate.for his and his brother's children. There is no 3ncome from this propertf, and taxes must be paid. He was very interested in the information that the County is lool{ing �'or a location for their Public Library facilities. He was told that would require BA Zonin�. Juanita McLaren, 10101 N. Bla.ney, local realtor, feels Mr. E�zphra�c's request 3.s certainly advantageous before deciding wha� to put on the property. A prospective buyer is much more interested when he finds he does not have to go through the rezoning procedure. And she feeTs iz is too soon to �cry to tie this property with the one across the street. P�.r. Gratan Ho� an, 1106; Lind.a �ist2. Drive, said he was against grantin� or" CG Zoning�because it would �ive the developer carte blanch� for any kind of commercial. Dr. Flint saicl there is only a Gentleman's Agreement with the Euphrats'. He agreed that unrestricted commercial zoning wouid be hazardous. Moved by Comm. Horgan, seconded by Comm. Butheriuth, to contirn�e the First Hearin�. A'YES: Comm, Bryson, Buthenuth, Hor�an, Frolich NAYS: None • ABSENT: Comm, Hirshon Motion car�ried, �6-0 7- z-66 D. NORTH HOMEZ��TAY COMPANY (BONANZA) ; Rezoning from CG to ML of two feneed outdoor sales areas for sale of lumber ancl nursery products. Firs�; Hearing. Attorney Michael Briski, P.O, Box 397, Mountain View, pre- sented a renderin� and a plot plan for the Bonanza operation which they tr1ould like to be the major tenant for 'cheir complex, He repeated tl�e theory behind their �;V�e of operation for tY�e benefit of the two new Commissioriers, They rec.eived H-Control approval. The City Council 'chen had a lengthy discussion of the outdoor sales portion of the business. � ' -8--- PC-R11 Planning Commission meetin� of J�ne 13 ,.1g66 -----�----------------------------------------------------�---- The City Attorney's recommendations tivere "Commercial with restric�ions; or rezone to 1i�ht industrial taith restrictions felt necessary by 'che City Planner". Mr. Bris�.i said Bonanza is a retail commercial shoppin� . center where a"Do-it-yourself�r" can come and purchase everything he needs to beg�.n and complete a weekend pro�ject around the house. Mr. Brislci saicl tha'c through all their public tneetin�s with the Ci�y, there ha.ve been no objections from people in the communi�y. In fact, people come to the Campbell s'core and ask when they are goin,�, to open in Cupertino. Mr. Bl^iski said that ii, appears that portions oi' this busaness are 1i�ht industrial in nature rather than commercial; therefore, they ar� as��ing for a rezonin� toni�ht for the corral and the nursery: about 1/�! acre is involved. Comm. Buthenuth asked about the lumber operation. Mr. Briski said �� is all pre-cut, They have a saw in i,he Campbell store that can be used for the convenience oi the customer, bu'c they have even offered to forego this in the Cz?pert:�no store, Mr. Briskz said all products are brou�ht in throu�h the rear of the buildin� and all sales must �o out throu�;h the checkout sf;and. The store is not designed to have a � large stora�e area. Seasonal promotionals do occur, � however, in the parking lot. ' � Moved '�y Comm. Hor�an, seconded b� Comm. �ryson, to close the Public Hearings, � � AYES: Comm. Bryson, Buthern�th, Hor�an, Frolich NAYS: None � ABSENT: Comm, Hirshon Mo�cion carried, Z!-0 Moved by Cornm. Hornan, seconded by Comm. Buthenuth, to deny application 7-Z-66 because at no t:itne, on any place on this proper'cz; should there be an industrial use. Chairman rrolich took the position that 'chis type use should be P'IL. It would not change the nature of the use simply by rezonin; a part of the store or area to fi� in ( with it. He said this is li�{e the Bickell Bros, operai,ion; it differs onl�r in degree. Comm. Bryson comm�nted that this is for the do-it-yourselfer; ' it is of the hardware store category. He said that to be economically feasible, a lumber yard has to have a lar�e area. TYZis is a small area and :is separated into 2 parcels. _9_ YC:-K:11 Ylt�iirllr.t� c����►���5s�.on Meetin� of ��un� �3� 1.166 Cha3.rman Frolich was concerned that if this were' gra.nted, and somebody on adjacen� propert�T came in and asked for ML zoning because there is already PZL in the area, U�ha�c re- course would i,he Planning Commission have. AYES: Comm. Buthenuth, Horgar�, Frolich NAYS: Comm. Bryson ABSENT: Comm. Hirshon Motion carried, 3-1 The applicant v�as advised of his right of appeal wi'chin 5 da,ys . 8-Z- E. CITY OF CUP�RTINO: R�zonin;; from A1-t:.3 to �R ( Public Park or Fecreation Zone); 32,82?_ sq, ft, of land, bordered by Homestead Road, Bernardo Road, and the Stevens I�'reeway. First Hearin�. � The Planning Director had presented a memo, and explained that this is an area lef'c over from the freeway. The State would like to 1cnoTi� whe�her we would re2one �his for com- mercial. An official answer can be �iven only throu�;h the approval or denial of a Zonin� application, however. He said the City's parlcs were rezoned �o BR before they were pur- chased. The CitJ vaould recommend such rezoning of this property, Moved by Comm. Horgan, seconded by Comm. Bryson, to close the Public HearinJs. AYES: Comm. Bryson, Horgan, Frolich NAYS: None ABSENT: Comm, Hirshon ABSTAINED: Comm. Buthenu�h Motion carried, 3-0 Moved by Comm, Hor;an, seconded by Comm. Bryson,, to approve application 8-Z-66, with the 12 S'candard Conditions, AYES : Comm. Bryson, Horgan, Frol3.ch NAYS: None ABSENT: Comm. Hirshon ABSTAINLD: Comm. Buthenuth Motion carrled, 3-0. VII UNFINISHED BUSINESS � : 1. The Director oi' Public ti�Torks �resented the two new Commissioners with proposed attachments to Ordinance 21t!A Revised. -10- PC-�tll Pl�nni.ng C�nimias ivl NICC �:L21g Ot' �.T'Uri� 1� 9 l�l�t7 VZII NEjr1 BUSIN�SS �E -TM-65 A, l�7ACKAY 8c SOMPS: Request for ex�ension of approval of Tenta�ive Pnap ( L! -TTZ ) • The Assistan� Planner said this is a coi��rnon type of request and is in accordance ti�aitlz tl�e Subdivision Ordinance. The date of the ori;inal approval vaas June 21, 1�65. The H-Control approval would be s�para�e. The Director of Pt.iblic �-lorks asked tnThei,her f;he Commission feels the new Underground LlLili�ies Ordinance should b� applied. Since tne Underf�round Utiliti�s Ordinance is not ye� in effec�, and since this proper��r is surrounded by overhead utili �ies, th� Commission did no�L �i�ish to enforce i� in this case, Moved by COl17tTl Horgan, seconded Uy Comm, Butnenuth, �o approve a one-�Tear extension of �! -TNT-65 . Motion carried, 1 ! -0 I� ADJ4URIVl`•'IENT Moved b�r Comme Bryson, seconded Y�y Comm, Buthenuth, i.o adjourn the r��ee�cing at 11:35 P.NT. APPROVED; ! � � /s/ Donald F.rolich _ Ac �n�; C alrman E � ATTEST: F �!~%�(% C�+;'f:, af/1 !1/� � � � -�. Adde Laurin Plannin� Director k � -11-