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PC 07-25-66 10�21. South Sa,ra�o�a-� ui.r.yvz�.lc nn�.�� Cupertino, _Cali�'orn�.a, _9501�------------------ Phane___�52_�Y����----- PC--R11-� S0, 000. L! C I T Y 0 F C U P E R T I N 0 Californid MINUTES OF THE Pi.EC�iJLAR NIE�TING OF THr PLATYNING COMMISSION July 25 19b6 �:00 P He3d in ti�e P�Iulti-Purpose F�oom, Portal School_, 10300 N. B1anc�T, Cuperi,ino, California I SALUTE TO THI� FLAG IT ROLL CALL: l�7inu'ces of previous meei;in�;, 7/11./66 Comm, presenf;: Bryson, Bu�henuth, Frolich, Horgan, Hirshcn Comm. absen : T1one Stafi presen��. Dsrector of Plannin�;, Adde Laurin �ls:�istant Planner, Jin� Tti Recordln� Secretar�r, Lois Inti�aards Moved b;� Comm, Hor�a�z, seconded Ly Comm. Buthenuti�, ��o approve �11e T.•11nu�es of July 11, 1�66. A:IES : Comm. Bryson, Buth�nut�z, Hor�an, Hirshon � N�:YS : None ABSTAINED: Cornn1. I+rolich ( 1_� _ ' Motion carried, 0 � ` III AN?vOUNCE"�IENT OP POSTPOP1Ei�ENTS, e �c . 7--U- A. Vt1LLC0 Pl1RK: Use Permit to COTIS'�?' buildin for office, research ancl developt SE corner of ` Ho►nes �ead Road and Tan�au �lvenue e1:t,ension. Request by applicant �o tabl.e l�n�il fur���er notice. The Plann�n; Direci�or said ti�is applica'cior� must be r�adver�ised �vhen placed en the aJenda again. So moved bs� Coinrn. Frol�ch, seconclec� '_�;� Comm. Hor�an. Mo��on carried, 5-0 I B, All Ci'cy Council and Plannin� Commission rne�tin�s, be�innin� Au�ust first, wi].1 be ��cld in the Cu�er.�ino � School D?strict Board Room until fLtrther nc�ice. --1- PC-Rl� Minutes of' the Juiy 25 1966 Plannin� Comm. M�etin� IV [•TRITTEN COMNNNIC�ITIONS 86 ,O1�T A. Letter from Mr. Charles J. Vanous and other proper'�y owners objec�ing to �he proposal to prohib�.t parl�ing on McClellan Road. Mr. Uanous' letter contained 16 signatures of property owners of duplexes up near Foothill Blv�.. The Plannin; Director said there has never been discussion of prohibitin� parking in that vicini��y; only on lanes abutting 'che college. It is realized Lhat parking is needed in front of duplexes, due �o t�.P low parkin� ratio requi red in t ha'c type zoning . Mr. Vanous' letter is to be filed in the P1.annin� Depart- ment. 81, 005 B. In re�;ard to the applicai,ion for rezoning ..alon; Foo'c- hill Blvd., south of Stevens Cr�elc Blvd., for a service station, i� was learned that this is an extension of a lot ��ahici� is already scheduled for a service station. The Plannin� Director appeared at 'ch� County Planning Commission's hearing of this ma'c'cer. A s�xty-day delay was �ranted. The possibility of a joint meetiin� of Uhe County and Cuper'cino's Plannin� Commissions was men�cioned. Th3s proper�cy is to be served by Cupert3.no Water Company and it is a policy of the City of Cupertino �hat all properties served by Cupertino �Jater Company shoulc� be annexed. Therefore, Cupertino has a le;itimate in�erest in the Zonin� nof; only of this proper�y, but also acl- jacent pro�erty and in the street pat�ern ir� the area. Wid�h and s�candards of Foothill Blvd and Stevens Creek Blvd. in �his area should be determined before the Zoning for the service station is granted. V VERBAL COMMUNICATIONS There were none. �TI HEARINGS SCH�ULID: 6-Z-6o A. BEAULILU ESTATE (Jack S. and Edvaard F. Eupi�ra�) : Rezonin�; i°rom R1.-14ag to General Commercial (CG); 12.8 acres SW corner Stevens Creel� Blvd, and Si;elling Road. First hearing con�Ci.nued, Nir. Euphra'c has rnet several times ti�aitll �he Planning Director since �he las'c tneeting, and a memo sLZmmarizin� these mee�ings has been distributed to the Commissioners. , -2- PC-R1L! Minutes oi' �che Jul�= 25, Zg66 Planr_in�3 comt�:issi�n r���:tin� I�Zr. �ack Euphra� asi�ec� that �l�e rezon�n� applica�ion to General Cornlnzrcial Le ��ai'chd�a��an and he Uaould like �:o reapply for "P" zoning. He �vill tnen have a tenta:;ive plan preparecY tf�lzich wi11 be presen��c� at f,he next re�;ular mee'cin�. There will �e a neight limi'cation and 12. �°; landscapin�;. Mr. Don Bandley, Cuperi,ino Realty Company, repr�senfin�; Robert and Ralpl� Saich, propert�T o�•an�rs of the 38 acres a� 'che I�t�1 eorner of Stellin� and S'cevens Creel� Blvc�., pr�sented a stron,; letter of protest, �-��hich can be found in �hese Minutes as Append�x A. He z°equested it be pu{� in the record. It specif�cally a'c �acl�ed the Plannin`; Direc�or's me'cllod of plannin�;. The I'lanninu Direci,or said that the Cii,y izas �he legal ri�h� to ini'ciate heari.n�;s on rezoning of private proper�y, but - chzs is not v��ha � i�as been done in till � cas�; nor is 'chei�e an in�:,ention to s'cart such proceed? n��s to change the pre�ent Rl zonin� of' �che Saich properi.y, However, it is 'che dL?�y of a city planner �o thir��c of 'ciie i uture of the ei'cy (�lanr_ing �s thin�cin� ah.ea� }, ar�d 'co thinlc of the nei�;hborhood and tlze Ci cy as a whole anc� no�i; only as sma11 parcels , The plan in ques�cion ti�aas a part of an inven'cor;� of various possibili'cies in the area, and i was �mphasized �hat it was an i�_lustr.•a- tion of an idea, not a proposal. Comm. Hor. �an �:,o�k stron ; elicep��.on �o Mr. Bar�dley�' s le'c �er, and emphasizec� the r:i�;ht and du�y oi i;�ie City Planner �o main�ain initia'cive in �he plann�.n� o�' th� C� ty. Mr. r Euphra.t felt Mr. Bandley's lei;ter Y�ad rzo k�earin�; on ��he plans and shoL�_lcl no� be put into the record, Mr, Banclle�r said �he �ro�er�y ov�ners are w�.11in�-� �;o �a�l� t with �he Plannin�; Diree'cor. H° saJ_d �'c�ley learnecJ of this discussion involvin�; �Ch�zr proper�y second-hancl. �1 copy of the proper'cy s�udy Urill b� sen'� to Mr. �3andley. Mr. Bill Cu'cler, Dean of Services, Fao�:hill Co11e�e Distric�, said they are �,aholly in acco�.°d with '�alfin�; a loo�: a. � Lhe entire nei ;l�borhood whiie plann3.n� duvelopment of this Euphra'c properi,y. Mrs. Isabel !`z��i,inson, 20515 Rodri�uez Avenue, Cupe asl;ec� whe�her che CG zonin� vaould r�m�in, She vaas 'cold it is now uncler study, Present zonin� of the Saich property is Residential. A rezonin,; of 'che Beaulieu pro�erf;y to Planned D`velo�mei�t (P) could be adver'cised for �he mee�in� of Au�us� �c���� Mrs, Atl��inson asked, in vieva of �i,lze fac� 'chaU the County Library Coii�mission i.s ma?cin�; a study, could ti�is be :ield iri abeyance un�cil com�l��ion oi 'ci�is s'cuc?y. The Plann� n�; Director said �he L3.brary Corrmission Stud�T will be ready in about i,�vo months , r�_ PC-R1�� Minutes oi 'che �uly 25, 1g6G Plannin;; Co��mission P�Z�e'cin� Moved by Commq Frolich, secorided by Comm� ��lorgar�, �o con�cinue �he Pirst Hearin� of applica�:,ion 6-Z-o6 Lu�til the ne:�t re�ular mee�cin�, The s�aff is to c:iiecl� witlz tne Ci �y Attorrey if excepcion for the 25-acre minim�tm oi a P Zone needs a separate Ordinance and, if �o, i� can be adveri�ised in time for �he ne!>t re ;ular meeting. AYFS: Comm. Bryson, Buthenu��h, Frolich, Hor�an, H�rshon NAYS: None � Motion carriecl, 5-0 Comm. Hor�r,�.n �van'�ed Mr. Euphrat to '�no�a that he is in accor•d with the Planning Direc'cor s memo, Z �1.� the excep��ion of �the second seni;ence of Item 15. He is a`;ainst the Board of TrL�stees havin�� much to say about this. Comm. Frolich a;;reed that U?e should not le�isla'ce any cov�nants. Mr. Cu��ler said the Colle�e is not attemp�in� to �arce au�horit� away from 'che Ci �y, 6-IJ--66 B, j & l�SSOCIATES : Use Permif: for self-service car wash and retail uiztomotive s'core, STtir corner Sa3ch !-�Iay and Par1z Avenue. First Hearin� �ontinued. Mr. Ray Uda �son, � 260 ?^:iindimer, Los �.1'cos, said th� first building i� Ioca�ed Zgo� bacl.from S�evens Creek Elvd.; the se•cond is 2 j0' bacl�, the Lhird is 375' Uac��, t�ahich makes it difi icu1L for a retail use i�o go in here. Frorl�ing on the Gemco riursery co�c�pounds the pi�oblem. There ti��ill be a 6' masonry i �r�ce L�hind buildings C& D ex�endin; from the end of �JUl� C�I.111 ; B to the enc� or 'ch� proper�ty line. There t�vill be landscapin� in front of the au�omotive bLailding. The car wash t��ill have 8 bays rather 'chan ti�e cus'cor��arJ �! and rr�ill cosL three tim�s as mLlcn as a Ir-baJ. The;� feel this will far eliceed tne nePd, '�u� �i�i.s wi11 insul�e �here will be no con;;estion. The car wash builclin� v,�ill 't�e 2��' high and ��i�e otiier 'chree ti�ill be 30' j1i�h. Mr. Z°�atson feels this is 'che best possible L?s� for this proper�f. He read e�cerpts from a Banl, of �1►i��Y�ica pamph3e� re�ard-- in� coin opera �ed car ti�a�.shes , They i eel 'chat 'che husband will vaash his car ��ere ti^ahile �he Uaife shops a� Gemco, or Lhe car vaashin� can be a family 'chin�;, v.itl� husband and sons doin� 'c�ze outside and the wi_E'e and dau�hters doing the inside oi 'che car. , A le'cter irorn Mr Don ZerUaer, �ecuc�ve Secretary ol YMCA, �22 South Murph�r Str�et SJnnyvale, s�ca tha.t YP'�CI1 did no � ob ject �co the p� o ject, tivas r�acl in��o the record. There follot��ec1 a discussion of f;l�e c1e'�a.ils of t�1e coin opera car t�aasl� o�,�era'cion, i�s in�;ress and e�ress. Comm. Bu��iern�th asked about 'che lzours of opera'c�on a��d was told 'G�11S has not been establisi��d as yet. Coi��i��. Hor�an asl�ec� 'che stai f to inves �i�;at� '�he applica�;ion for enlal^�em�nt of the Gemco service station. �1� YC--R1L� Minu�Ce� of the July 2�, 1966 T'lannizzf; Commission P�Iee'cing ---------------------------------------------------�------------------- Mrs, Antl�onf Pelosi, 20727 Rodri�ues Avenue, Cupertino, asked if Alves Drive will �o �hrough, The Plannin� Director said the szaff has promised to le'c t'�e peo�le on Alves Dr3.ve 1�now whEn 'chis comes up, which probabl�r will be in connec- tion wa.tl�i t��e Tentative Map for the YMCA area . Mr. Stan C�zinchen, Chairman of the Board of YMCA, 1630 Universi�y, San Jose, sa�d they are ti��illin; �o cooperate with this applican'c. They have no o'�jections as 1on� as it is �he ��ype of car vaash as presen�ed here, wi�h no mach3.nes . Comm. Buthenuth asked�about the buildin�; ma�erials. Mr. . Watson saic� i,he efiterior is slump si,one. Mr. Gene �Iubbarc� said he is ov�ner of a 6-bay car vaasi� at Ea.st San��a Clara and 35t:n Stree��, San Jose, He does not have any problems �vith trafiic con�estion, due to dryin� of �he�cars � The Assistant Pl.anner said he traould prefer that the �- desi�n anc� uses for a11 f'our buildin�s be similar to those ind3ca�ed for �he �U�o builclin�s closest �o S �evens Creelc Blvd, Furthe�; v,hile it is conceded tn.at there is ctiffi- cult�� in locatin�; �enants for tne area nearest the corner of Park Avenue and Saich ��Ta;�, and the applican�s canno� afforcl to ].eave 'ch� proper�y vaeant, tlzis eannot be �LY�c over-ridin ; i'ac �or in a ma�.ter of pl.anning Either �his is good plannin� or it isn't. t The Assistaiz� Planner said if this car vaash is perm3.'cted, we are ,stl�cl� ti��i��� it forever, As ar_ �«ample, gas sta- tions are abandoned, �heJ are not razed for netv cons ��ruc- � tion. f In three �o five years, when the Collc�e is in full s��ring, the YMCA is completec�, �he Parl� Avenue/Alves Drive ex- tension is in, and 'Lhe �l'alley Green Coti�plex is fully , developed, th3.s corner will be ���uch more a�trac �ive as . a commercial location. The Assis�ari�� Planner recommended tha� a temporary uue be approved for a per�od of three to iive years, a� the end of wlzich. tirne �he land could b� cleared and a firsi�-ra'ce commercial b�_�ilding constructecl. Mr. Reynold 1�latson said �hey ti��ould also pref'er a com- mercial use i:ere, But loolcin� direc�;;ly into the nursery is a de�r�rnen�c to i,his property. Even with Park �lvenue �oin� 'chrou�h, 'chis is a secondary position and vaill. remain so. They plan to pu�. �n a quie�L di ;nified car wash here. mhis is a bet'cer loca�t:ion for this �cype use than on a r�ajor thorofa�e, :5_ . PC-R1Lr Minui,es of 'che July 25, 1966, Plannin� Commiss3.on T�eetinu Moved by Comm. Frolich, seconded by Comm, Hor�an, that the Plannin� Commission make a findin�; �iiat a Use Permit is needed for Building C. AYES : Comn7. Bryson, Buthenuth, Frols.ch, Hor�an, H�..rshon NAYS: None MotioM carried, 5-0 Moved by Comm. Frolich, seconded by Comm. Horgan, tl�.t �he Plannin� Cort�mission make a fznding tlza�� a Use Permi'c is needed for Building D. AYES: Comm. Bryson, Buthe�zuth, Frolich, Hor�,ari, Hirshon NAYS: None Motion carried, 5-0 Mr. Reynold Z�:�a�son said that at Lhe 1as� hearin� he nad waived this ri�;hi,, that r.e conceded ���at Use Permitu would be required for Build in�s C and D. Comm. Hor;an aslced �he applicant ti�:h�,�c his plans were for signs. Mr. j�:Tatson said all signs v�aill be within iche Codee They would like to have the si�ns ori the dorn�ers and a pole si�n listin� names o�' t;l�e business�s wi�hin the Center. Moved by Comm. Hor�an, seconded by Comm. Frolich, to close the Public Hearings. AXES: Com��1. Brysor,, Buthenu�,h, Frolich, Hor�an, Hirshon NAYS: None Motion carried, 5-0 Comm. Buthenuth said he tended i:o ;o alon�; with the '�iiirikin� oS' the Plann� ng Department; to ivai�c a feti�a years and see. Comm. Frolich fel� f;his was aboui, i,he best vae could expect across the s�reet from Gemco. Cornm. Hor�an ti��ras in favor of this applica�ion. Chairman Hiruhon felt {�he, car iiash could caL?se �raffic and parking problems. Moved by Comr:1. Hor�an, seconded b� Comm. Frolich, �o �rant Use Permi� 6-U-G6, sub�ect to: � 1-12 Standard conditions 13. The renQerin� and plot plan c�isplayed a:t this meetin�. 1 That '�his actually be �reated as �wo separate Use Per- mits on �he grounds �hat �ch�se t��ao operations ��zi�ht a�L sor�e time 1�e under separate oti•:n�rship. 15. There is to be no servicin� of at��;omobiles conducted behinu. Btxilding C, AYES: Comm. Bryson, Frolich, Hor�an NAYS : Cornrn. Buthenuth, Hirsl��on Cha.irman Hirshon catlQd for a recess a� �:20 PeM. Mee�ing reconvened at g:�0 P.M. �6- PC-Rl�� Minu'ce� of July 2�, 19G6 Plann�n� Comii�is;��ori I��eecsr.� S-V-66 C. TH�ODORE ti�T. SCHENK 1�ND RSCHA.RD �'1 L�NNL'�1: VARI�INCE to allotia construc �ion of 6' fence vaithin rea side yard to remain (corner lo'c: 10390 Pineville Avenue and 10�!O1 E. Estates Drive). Firs� Hearing. The Assis�cant Planner said t:�is fence t�vas put up in vio- lation and vaas cited by City s�aff. It is either 7' 'coo close to tl.�e sidewalk or 3' too hi�h. Mr. Ricnard t1. Lennen present�d a pei�ition, signed Uy 100 of their nei;hbors, stating they have no ob�ections �o the fence. Mr. Ted Schenlc presen 'che following rea- sons for installin�; this fence : 1. Tizey have a walnut tree in froni,, and a year a�o a child fell out of it. There could have been a 1aUa suit. 2. The �ree hac root rot fungus, and the fence helps. 3. The tree had become a dog haven. �!. The area under. the tree was becoming trampled. Mr. Schenl� sa�_d he and Mr. Lennen I�ne�� tne fence was in violation before it was construci,ed and that they should have applied for a permit, but did not. Chairman Hirshon asl�ed for comments from the audience. There were none. Ch�.irman Hirshon asked the staff if �this fence po�ed a trafr"ic hazarcl. The Assis�cant Planner said it did not; it sits back from the corner and does not obstruct visibility. Moved by Comm. Frolich, seconded by Comm. I�organ, to close the Public Hearin�. AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon NAYS: None Motion carried, �-0 Mov�d by Comin. Frolich, seconded b�r Comm. Horgan, �o a�prove a��plication 8 -�`J-66 on 'che �;i 'OL?21C�S that i,he fence, as constructed, does not viola the spiri� o�° the Fence Ordinance, does not consti�ui,e a traffic hazard, nor is it detrimental 'co t'_ne �zei�hborhood. AYES : Comm. Br�Tson, Buthenuth, Fro�_ich, Hor�an NAYS: Chair�man Hirshon Motion carried, 1 ! -0 -7 - PC-R1�� Minutes of the July 25 19�5, Planning Commission M�ctin� Chairman Hirsl�zon sa3.d his clissentin� vote was because of the fact tha� �che applicant .knew �� ti��as in direct v:iola- tion of the Ordinance vahen it was constructed. VII UNFINISHED BUSIN�SS: g.U-66 A. �hrARNER M. ��dILSON: Use Permit to convert sin�le iamily residence into antique shop, 20730 Stevens Creel: Blvd. Chairman Hirshon asked if the staff had any addi�:i.onal comments. There vaere none. AZr. trlilson said vandals were again in - Uhe hou.se ti�rhile he was at the last Plannin; Commission meetin�. More windows were broken and obscenities performed here. Someon� cu� himself or i�ersell° and wiped �he blooc� on a drape. This drape is notr� bein�; examin�d at the Sheriff's Office. Mr. Wilson said �;hey lust cannot coni�rol 'c��is p].ace and they need an irlterim use here. Mrs. Juani�ca McLaren, 10101 N. Blan�y, Cupertino, said she U1a�ched the C�etty mansion being destroJed by vandals, after 'che occupan'cs had moved ou'c. She said the ��lilson home could be a high class ani,ic�u� shop and somebody should �e'c in�o this house as soon as possible, before it 3s ripped �,part� Comm, Frolicl� said ordinarily, he is a�ainst commercial use of residential homes, but an an'cic�ue shop lends itself to a home of t his nature. It is an interim use becau:e it could not survive too lon� tiaith land prices such as they are. The Planninb Director sta�ed, in thc aUsence of the Director of Public Wor?is, thai, t;he Ci �y finds it imper- ative that 'che applicant ta�c� par� in i,he local improve- ment distric�c or ?rae stancl to lose Sta�ce money. He could then k�ack OLI�; la�cer. Mr. tiJilson saa.d he has signec� the petition. H:: vaould 1.ike �o put off the installat3.on of the sidet�aall{ a� this time. Comm. Frolich felt the conditions could be required Lhat th arrangeri�ents for improvements �e i��ade to Lhe sai;is- faction of Lhe staff and/or City Council. Chairman Hirshon feels the problem here is one o:C police pro�ection. Perizaps an antique shop ti•aouldnt be too bad for a limited time, hovaever. Comm. Buthenuth would lil:e �o see sorne improvements in the in�ress and ef�ress. Mr. t�Jilson will have this cleaned up but must ge'c along with the drivewa�T for a couple oi' years . -8- PC-R1� Minufies of July 25, 1966, Planning Commission Meetin� It was poin��d out th�re is room to par�c 3 to 10 cai�s and �he driveti�aay is two cars wide. Mr, j'.r:i.lson would li�ie �o 'calce out t��� hedge in order to have b�tter exposure to the public. He said they ar� uncler an Agreement 'chat 'chey have only one sign from Safeway - co �;he Post Off'ice. Mrs . McLa.ren asl�ed if the Plannin ; Cornmissioners hav� noticecl i,he homes in Sara�oga that, are used as exclL�sive antique shops. Mr. �,�rilsori did not think i� should be necessary �;o `;o before �h� H-Control since ii, has alread�t been approved by them for a commercial use. Comm, Frolich asl.ed if it could be passed, subject to periocl�c review by the H-Control. 1�Jhen asked t�-aha� constituted "periodic", Comm. Frol.ich said that c�rh�n a pro'�lem arises, that ti��oulc� Ue the end oi th.e "f irs'c period" , Mr. Zailson ar�u�d t�ia�c i� u�ould be to his ov�n besi; in'cerest to keep the place cleaned up. Comm, Frolich th�n.��s economics U;ill dictate th3_s. Moved by Cornl��. Frolich, seconded by Comm. Horgan, 'chat applica�ion 8-U-66 be app�oved, subjeci; to the following conditions: 1, Arran�ements be made to the satisfac�cion of tl�e staff and%or City Counci3 providinG si,reet improvemeni,s in front oi this prop�rty. 2. This application be subject to r�view of the H-Control� AYLS: Comm, Bryson, Frolich, Hor�an NAti'S : Con�m. Buthenuth, Hirshon Motion carri�c�, 3-2 Chairman Hirshon said his dissentin�; vote was for the same reasons as last 'cime. He is concerned about the laclt of effectiveness of police protec�ion here. Apparently �here is some problem of vandalism ]:ere, which keeps recurrin.�. �TIII NEGT BUSINLSS 1. A second draft of the Sign Ordinance will be for�ch- comin�, but because of accumulaLion of other worlc, no daLe can be set n�w. 2� The Planning Director asked if the proposed inLerim A�;ricul'cural-Commercia2-Industrial Ordinance, oi' w��ich copies have been distribu'ced, should be subm�tted to public hearings after completion of 'che Sign Ordinance. Before i,�ia�, he would like to have wri�ten or phoned commen�cs f.rom the Commissioners. The Commission agreed co this. _9_ PC Minuteu �f July� 25, � �g6G Yl.ani�ina CUIi1l1l1.:iS1UI1 Meetin ; -------------------------------------------------------------------- IX ADJOURNMENT Moved by Comm, Bryson, sec�nded by Comm. Buthenuth, �o ad�aurn the meeting at 10:10 P.M. Motion carried, �-0 APPROVED: /s/ Jack �iirshon Chairman ATTEST: �'� , / �..-�-'.G ��-�.�C'. ' � ' ' �` � c.�(.�F, � .. . A�de Laurin � Director of Plannin� ..lp_