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PC 07-11-66 10�2�_ South ��.ra�tooa-Sunnyvale Road Cupertino, California, 9501 phone : ''S ------------------------------------------. _ __ _--. ____ PC -R? 3 80, 000 e 1 ' C I T Y 0 F C U P E R T I N 0 California MINUTES OF THE REGULAR MEETING OF T�iE PLA.NNING COMMISSION July 11, 1966 8:00 P.M, Held in the Multi Purpose Room, Portal School, 10300 North Blaney, Cupertino, California I SALUTE TO THE FLAG TI ROLL CAI.,L: Minutes of previous meetin�s; June 27 and 29, 1g66. Comm, present: Bryson, Buthenuth, Horgan, Hirshon Comm. absent: Frolich Staff preseni: City Attornqr, Sam And�rson Direct�or of Public UTor?�s, Frank Finrie�,T Di:rector of Planning, A,dde Laurin Assistant Planner, Jii�� Nuzum RecoLding Secretary, Lois Inwards Mrs. Ann An�er, 10185 Empire Avenue, questioned the last sentence of the las�c paragraph on page 2. Chairman Hirshon said it should read: "Chairman Hirshon said this would be a matter for her to check w3.th the applicable tax authority." Moved by Comm, Buthenuth, seconded by Comm. Bryson, to approve the Minutes of June 27 as corrected and to a�prove the Minutes of June 29 as read, AYES : Comm. Bryson, Buthenuth, Horgan, H3.rshon NAYS: None ABSENT: Comr�1. Frolich Motion carried, L}-0 III ANNOUNCEi�Ei1T Oi POSTPONEP2ENTS, etc . There were none. IV WRITTEN COMMUNICATIONS There were none. V VERBAL COMMUNICATIONS , There were none. -1- PC-R13 Minutes of the Ju1y 11, 1g56 Plannir..� Commission �ee�ing -------------------�----------------------------------------------- VI HE.4RINGS SCHIDULED : 7-V- A. COPPOLA' S PIZZA PARLOR: Variance �co determine if three existin� signs 10 square feet in excess of square footage allowed by Ordinance may remain - lOLI00 South Sarato�a-Sunnyvale Road. Second Hearing'continued. The Assistant Planner referred to his memo, introduced at the meetin� of May 23 ig66 which �eflects the staff's views on this si�uation. Mr. CopPola a�ain went over the previous hearings with �he Planning Commission, the Architectural and Site Control Committee, and the City Council. He asked if the Commis- sioners had any questions. Comm. Buthenuth, rzferring to the Minutes of June 13'ch, asked the applicant if he was told when he applied for his sign permit that he was over on the square foota�e. Mr. Coppol� reviewed the H-Control proceedin�s where he was allowed f;o put �he sign on t;he side of the buildin� and the sign on i,he front of the building, with the stipulation that he re,�nove the roof sign. He said he needs all the advertising he can get ai; this location, and it woulcl cost him �50 to have the sign removed. He said that as soon as funds were available, he would f�ake the roof si�n down. Chairman Hirshon asked the City Attorney whether a time limit could be placed on this request. The term used in the Sign Ordinance is "variance" rather than "excep- tion." The Ci�y Attorney said that if tile wall signs are not cumulative, he questioned whether th� Planning Commission can approve the wall and roof si�ns. The Ci�y At�orney suggested an extension of the present use of the roof sign would be in order for, say, six months. At such time the new Sign Ordinanee comes into effect, the applicant would then be required to qualify under it. Incidentally, it should be considered to term exceptions from the new Sign Ordinance "Use Permits" rather than "Variances," The Assistant Plann�r confirme�l that the total square foota�e of th� pizza parlor signs is over the amount legally allowed. Comm. Buthenu�h asked the Director of Public Work� wh�n the anticipated building will be cons�ructed on the corner next-door to �his pizza parlor. The Director of Public Works said this corner is current7.y being used as a parking lo� and the owner is considering puttin� a building on it but we know of no specific date as yet, -2- PC-R13 Minute� of the July 11 1966 Plannin� Commission Mee��ing Mr. Coppola said �hat when the City Council referred his case back to the Planning Commission, tlzey waived the application fee. Moved by Comm. Buthenuth, seconded by Comm. Bryson, i,o close the Public Hearings. AY�S: Comm. Bryson, Buthenuth, Hor�,an, Hirshon NAYS: None � ABSENT: Comm. Frolich • Motion carried, �-0 Chairman Hirshon said he was not stron�ly opposed to this application, but if it were held in abeyance, the ma�c�er could then be solved once and for a11. Comm. ButYienuth felt that Mr. Coppola Yias a hardship here, to which Crairman Hirshon agreed. Comm. Bryson commented that Mr.Coppola is on a corner �hat is not a corner. Comm. Horgan said he has always been and still is a�ainst this application. Mr. Coppola was ins'�ructed, almos� a year ago, to remove the roof si�n, whicl� he has not done. There is a violation here. Moved by Comm. Buthenuth, seconded by Comm. Bryson, 'co allow the Coppola Pizza Parlor signs to remain, staLus quo, for one year. A'c the end of one year, the applicant will then be �udged under the new Sign Ordinance. AYFS: Comm. Bryson, Buthenuth, Hirshon NAYS: Comm. Hor�an ABSENT: Comm. Frolich Mo�ion carried, 3-1 6-U- B. WATSON 8c ASSOCIATES: Use Permit for self-service car wash and retail automotive store; SW corner of Saich Way and Park Avenue. First Hearin�. TYie Planning Director has made the adminis�rative decision that a Use Permit is needed here, both for �he retail automotive store and for the car wash, because they are in the same ca�egory as automotive service stations. If the Planning Commission agre�s that a Use Permit is re- quired, the Commission would have to then consider whether this is a proper location for this type enterprise. The Director feels �chis type store should be concentrated in certain areas. We have the be�;innin of an auto row on Stevens Cree?r Blvd. be'�ween Blaney Avenue and Saratoga- Sunnyvale Road. This location proposed by the applicant is too close to a residential neighborrood. -3- YC - ?";13 Mirlii�Les of the Ju1y Z1, 1g6G P�annin� COIT]ITll. Me�i;ing The Assistant Planner referred to his memo of July 7th. The Plannin� Director said the Architec�ural and Site Control Committee has approved buildings A and B, and has approved buildings C and D sub�eet �o a Use Permi'c being grantec�, The Director of Public Works stated that a12 the street im= provements are �caken care of throu�h i,he Tentative Map. Mr. Reynold �1a�son, 1260 Windimer Drive, Los Altos, reviewed the propert�r, i'cself. The Stevens Creelc Blvd, fronta;e is 112' and the Saich �r1ay fronta�e is 720' , which means 'che front view mus'c face the Gemco nursery and parking lot. Buildin� 2(B) star�s 250' ba.ck from S'cevens Creek Blvd, The proposed colonial architecture allows proper use for retail outlets. The reason they are aslcing for automotive is that the last 300' back from Stevens Creek Blvd. is not acceptable for retail operations, due largely to the view looking into the Gemco nursery. Mr. UTatson explained the car wash operation next. He pre- sented pictures of the view,. as it will be seen from S'cevens Creek Blvd. and f rom the Ger��co Nursery area. Mr. Watson �� said they are reviewing this operation v�ith three national firms at the presen� time. The archi'cectural activ,i'�;; is f�o make this a�'irst class operation. They will be more restrictive i,han the City as to how t31is is run. It must be a�clean, we11-run operation or it would destroy their development. TheyT are planning a"Goodr3.ch-type" operation. The four buildings have basically a colonial design. There will be 3' hi�;h shrubbery in front of all buildings. For the self-service, coin-operated car wash they have followed the same coni,inuity of design. There will be no heavy mechanical equipment or noise,- Mr, tnTatson said they are proposing 8 bays rather than the �ypical � bays, to elimi- nate any traffic congestion. Mr. Watson su�;gested that the bi�` fac`�or here is thai, this last 200-300 fee�c back from Stevens Creelc Blvd. makes it almost impossii��le to develop this property as a ret�.il operation. He had lunch with Board members of the YMCA, tiaho will be his nei�hbors, and he explained each building in detail to them. He received 100� receptiveness from a11 six Board members. The Laurentic�e building on Stevens Creek B1vd. is Mr Watson's f3.rst experience in Cuperi,ino. The two buildin;s for Use Permit comprise about L!0� of - i;��e entire devel:op- ment. Mr. ?-Ta�L•son said this is an "e��i>r�me problem child" property to deal with. Chairman Hirshon asked for comments from the aud�.ence.. Th�re were none. � -�- rU-�ttlj l�i�nu'ces of' �i�e �luJ_�T 11, ly6b, Planning Com►nission Mee'cirg The Plannin� Direc�or said tha� if a part of a CG property is not the best business location, 'chis does not constitu�e a hardship justifying us�s no� compa�ible with �he nei�h- borhood. A Use Permit should be judged on its own r�erits. Perhaps the property owner was too optimistic when he applied for commercial zoning; a rezonin� to another zone might be considered. Comm. Bryson asked if Cup�rtino presentl�� has any car washes. The staff said there is a Use Permit for one on Stevens Creek Blvd next to Autorama, but Lhat it has remained unused for almost nine months. It wi17. au�o- matically expire af�er one year if unL�sed by that time. Mr. Watson said he ha� been in contac�c Uaith the holder of i,ha� Use Permi�c, and was informe� i� is not going to Ue used. He is proposin� selling part of Iiis commercial property to Mr. �rda�son for another offic� buildin� similar to the Lauren�ide buildin� across the s�ci�eet. Mr. Watson was as�{ed if he was prepared �to go ahead wi�h buildings A and B even if the Use Permi'c for C and. D were refused, Mr. [�)atson said buildin�s C and D repre- sen'c 40f of the development, and if the�r v�rere denied he would have to drop 'che whole thing. He said 50� of buildir.� C tivi11 be commercial sale oi aui,o accessories. There wi11 be no car repair activities here; only insta�.- lation of trze auto accessories purchased here. Comm. Horgan and Chairman H3.rshon were of the opinion that the car wash and building C should come under a Use Permit. Mr. trlaLson said he would concede 'chat � Use Permit is needed rather �chan have th�s con�cinued �co a Second Hearin�;. There was some concern that no YMCA representative was present, a1�;Yzou6h they were apprised of 'chis meeting. Mr, Wa�son said there will be a full-time maintenance man on duty aL the car wash. He stated 'chat nobody from the surroundin� subdivisions have contacted him abou� this developm�nt. Mr. 4�latson said the YMGA is seriovsly considering purchasing a portion of his property for an access road. Chairman Hirshon fel� that a Second Hearing would be justified on �;l�is applica�Cion, noting the magnitude oi' the proposed clevelopment and the impact it could have on the area. Comm. Bryson would lik� to hear from the Y1��1CA. Moved by Cornm. Bryson to close The Public Hearings. Motion died �'or want of a second, -5- PC-R13 Minutes of 'cne July 11 i966 Plannin� Commission Mee'cing Moved by Comr��. Horgan, seconded by Comm. �uthenuth, to continue the First Hearing. AYES: Comm. Buthenuth, Hor�an, Hirshon NAYS: Comm. Bryson ABSENT: Comm. Frolich . Mot3on carried, 3-1 Chairman Hirshon stated the Commission ti�ould�like addicional information on 'che impact this development would have on the surroundin� nei�hborhood. VII UNFINISHED BUSINESS: A. Joint meeting of City Council and Plannin�; Commiss3.on, to be held 8 P.M., Ju1y 26th, PorLal School Multi Purpose Room. The a�enda wi11 be forthcoming. VIII NE�1 BUSINESS : 8-U- A. �3ARNER M. �•JILSON: Use Permit 'co convert single faii�ily residence into antique shop,�20730 Stevens Cree�; Blvd. The Plannin� Director recommended Lhat i'c would be excellen'c if we could preserve one of the older Cupertino buildin�s, if it is in such condition of repair i,o warrant i�. It would give a pleasant change of pace to 'che area, and relieve 'che sarneness of �he newer developments. The Assistant Planner presented �hotographs of the o1d home and stated tha'i, i'c was formerly approveci by the H-ConLx�ol and a Use Perrnit was �ranted by the City Council for an exclusive dress shop to be located in �his old home. This Use Permit has since expired. Mr. lr'ilson said this is a 35-year-old ti•aell-buil� s�ucco building, not a Victorian home. He said it is his hope that this would be cleveloped into a quaint lit'cle v�llage of attract�ve shops. He spent much money on plans for the dress shop and tl�e narl{ing lot, and af'cer all that expen- diture, the dress shop chose �o no'c follow through.. Since the home has remained vacant, triere have beeri acts of vandalism, suc�1 as hundreds of dollars tivor�h of windows brol�en, motor cycles driven around in �Che livin� room, and beer part�es on the patio. Repea�;ec� reports to the police depar�cmen�c have not prevented recurr�ances of these acts of vandalism. � --6= PC-R13 P�iinutes of �he Ju1y �1, 1g66 Plar�ning Commission Meeting P�Ir. Wilson said a local wholesale antia�ue dealer° woul� like to under�ca?�e a venture, runnin� an antique shop c^ritY� a partner in this house. Mr. t�lilson said the rent for this operation wou3.d be $250 per month (even t;hou�h �his com- mercial location could command $600 per rnonth) but at least this would put someone on the property to take care of i�c and guard it from future vandalism Lx21�11 he can pursue his or��inal plans. In the meant3me, he is ne�otiating 'co l�uild another shop in front of �he old house and aL tha'c �ime he would ex- tend the �stree'c improvementis from trze post offiee wes�c- ward to �che eas��ern end of his preseni, development. The main thin� is - co �et somebody in the house to preserve it until he can bvild a series of "English cotta�es'!. Mrs. Ann An�er, 10185 Empire Avenue, said she would very much like to see this buildin� preserved. Comm. Buthenu�h fel�C that it would neecl some work as far as pari�in� and roads are concerned. He tvent - co loolc a�; the proper�y, and was a concerned aUout t�1e laclt oi' visibili�y 3.n �ettin� out onto Stevens Creek Blvd. frorn the property. Mr. ?�Jilson said Y�e evidentally went in and came out the t��lron�, wa�. The vandals have destroyed 'cY�e directional si�ns. The Direc'cor of Public ti�Torks said that, as a conditiion of a Use, we norii;ally request dedication and improvemen'cs. In the past, ��ae nave required dedica�.ion and improvemen�s of stree�s. Mr. Z�:Tilson said �here is a 180' frontaUe by th� house and a�otal of 1157' Stevens Creek Blvd. fronf;- a�e from the pos� of'fice on down to t:na'c portion already developed. The Direc�or of Public �.�:�orlcs posed the question: "What por�ion should be done at this time to �uarani,ee �he remainder bein� done a� a later dai,e. Some guaran�cee should be made to n�ake sure we �et 'chese improvemen�Ls at some t�me." Mr. T�dilson said tne antique clealer does not want any ti$aor1� done on �he driveway. Mr. Buthenuth fel� �hat rin�ht now there is an un�afe traffic condition there becat;�se yot.� can' � see, �;et�;in� ou�C onto Stevens Creel� Blvd. Mr. 1�lilson said thati in a few months there will be a new � business next; door to the Post Office. The Director of Public Works su�gested �. temporar�T t,aaiver could be arranged, pending the ou�come of the local improvemei1t district or un'cil ad�aceni, properties are clevelopecl. Mr. Wilson said he did not ti��an'c �o be committed to the local improvement district. He feels he has done a firs'c rate �ob so iar in the developmen�c of his property and vaould lilce to continue independently. _7 _ PC-R13 Minutes of the July 11 1966 Plannin� Commission Mee�ing -------------------------------------�----------__---------------- Chairman Hirshon asl{ed the City Attorney if we have on the books an Orc�inai�ce �overning a public nuisance. The City Attorney said tiae have noi. invaded i,hat f�eld. This ti�lould be a case for the Fire Marshall or the District A�torney. Chairman Hirshon was concerned abou'c the ineffectiveness of police protec�ion, feelin� it was the responsibility entirely of �he Sheriff's Office. Moved by Comrn. Hor �an, seconded by Comn�. Bryson, �o approve application 8-U-66, sub�ect to the follo�ving condi�ions: ].) S�Lreet improvements to be postpon°d for the period of one year; then Lo b� reviewed by the Planning Commission at that time, or �o be installed a�c an carlier date, depending on �he development of �ha'c property; 2) Subject i,o review by the Architec�;ura1 and Site Approval Commit�ee. Chairman Hirshon d3_d not feel that, even thougl it is temporary, that i,his is a proper use oi 'chis property and � did not feel i'� �vas justified. He feels 3.t is a policin� problem, The Assistant Planner read thz Buil.din�; Departmen�'s report on this buildin�, made at the time of 'che ori�inal application. AY�S: Comm. Bryson, Hor�an NAYS: Comm. Bu�henuth, Hirshon ABS�NT: Comm. Frolich 1�'Iotion tied, 2-2 Moved by Comrn. Hor�an, seconded l�y Comm. Br,yson, to have applica'cion �-U-66 carried over to the next re�ular rneei,in�. AYES: Comrn. Bryson, Buthenuth, Hor�an, Hirshon NAYS: None A�SENT: Comm. Frol.ich Motion ca L! -0 81,00�l- B. A wor�c session on.the Si�n Ordinance is set for 8 P.M., Jul� 19'ch, in the Building Inspector's Office. 81,025 C. Neighborhood boundar��s and names. ' The Planning Director would like 'co i,ry �co get a small commi'ctee to�ether., perhaps 1 Cicy�Councilman, 1 Plannin; Cornmissioner, 1 City Historian, '�o accomplish this �oa3. Comm. Hor�an offered to part3.cipate �,n this. -8- PC-R13 Minu�es of �he July 11 1966 Plannint Commission Mee�in� -----�--------------------�----------------------------------•------ 81, OOZE C. A draft of Ordinances for A, A1, CG and ML Zones ti��as presented �;o the Plannin� Commissioners for their study and commen�s, particularly c-lhe�ther the Commis- sioners feel it is vuorthwhile to go �hrou�h Public Hearin�;s for an intermediate ordinance. However, the Plannin� Director feels a definite need for this intermediate Ordinance, since it� v�aould be at least ox�e year before complete Zoning Ordinances would Ue in effec�c, and we have acute problems in the meantime. IX ADJOURNMENT Moved by Comm. Bryson, seconded by Comm. Horgan, to adjourn the mee�ing at 10:30 P.M. Motion carriec�, ��-0 APPROVED: �s/ Jac�� Hirs hon _ CFiairman ATTE:ST: � ������ �:,�� �., � cld��urin, Dir�c ror o lanning � � ` i � � 1 -9-