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PC 08-22-66 10323 South Saratoga-Sunnyvale Road Cuper�ino, California Phone: 252 -�505 ___ PC-R16 w_________________ � ______----_ � r____________----r 80,000.�! ^ C I T Y 0 F C U P E R T I N 0 Calif'ornia MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSYON , Augusic 22, 1966 8: 00 P. M. Held in the Board Room, Cupertino Elementary School Dis�crict Office, 10301 Vista Drive, Cuper�i;ino, California I SALUTE TO TH�. FLAG II ROLL CALL: Minutes of previous meetin�s: 7/19 8c 8/8/66 Comm. present: Bryson, Buthenuth, Frolich, Horgan, Hirshon Comm. absent: None . Staff present : City Manager, Ph3.1 Storm City Attorney, Sam Anderson Director of Public GTorks, Frank Finney Director of Plannin�, Adde Laurin Assistant Planner, Jim Nuzum Chief Building Inspector., Bi11 Benevich Recording Secretary, Lois Inwards Moved by Comm. Horgan, seconded by Comm.. Buthenuth, to approve the Minutes of July 1.9 1966. AYES: -Comm. Br�son, Bu.thenuth, Hor�;an � � NA3�S : . None � ABSTAINED: Comm. Frolich, Hirshon , � � _ . Mo�ion . carried, 3-0 . , Correc�ions to i:he Minutes of Au�us�c $tYii Pa�e 5, first paragraph; delei.e words "Comin. Frolich" and insert the words "It was...". Moved by Comm. Buthenuth, seconded by Comm. Hor�an, to approve the Minutes of August 8, 1966 as corrected. AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon NAYS: None Motion carried, 3-0 III ANNOUNCII�+IIENTS OF POSTPONEMENTS, etc . There were none. -1- PC-R16 Minutes of the �U�L1St�22� 1966, Plann�n� Commission Mee�in� -------------�----_----______________-------___�__----_______�_____ IV ?^JRITTEN COMMUNICATI4NS - �.. Letter from City of Sunnyvale, in regard to Varian's Public Hearin�� on application 9-U-66. 81005 2. Letter from Santa Clara County PlanninU Commission in regard to cl.�ir application for a Use Permit to maintain a pony in Garden Gate Villa�e; Since this is a'pu3.lt-up residentiai area with standard s3.�ed lo�s, it is the opinion of f,he Assistant Planner to advise against �his application. Although the idea was repu�nan� to Chairman Hirshon, he wondered whe��her this was a case wher� the Health Depart- ment should step in. Comm, Bryson feli this might l�e handled throu;h discussions between �;17e applicant and his neighbors. MINUTE ORDER: Moved by Comm. Frolich to notify 'cl�e County Plannin� Commission �nat the Cupertina Plannin`; Commission is generally opposed to this type use in a residential area but have no specific data at their disposal so it is fel� no specific recommendation should be made. 81005 3. Letter from Santa Clara County Plannin� Commissi.on in regard to an a�plication for a Varianc� �o allow �hree lots of 8000 sq. ft. ea�h, rather than 1.0, 000 sq. f�c. It was noLed �i;hat within Cupertino City limits in f�I�at area there is R1 -7.� zoning. MINUTE ORDER:� Moved by Comm. Frolich to suggest the staff report to the County Plannin$ Commission tha� the Cupertino Planning Commission has no specific objections to �hese appl3ca.tions for Variance. L! . Letter from T. W. Schenk, application 8-�T-66, explainin� his reasons for his rema.rks at his Public Hearin�. 5. INFO packet from Santa C1ara County. 6. Expressways Probram, Phase II. V VERBAL COMMUNICAT30NS Ther� were none. -2- , PC-R16 Minutes of the August 22, 1966 Plannin� Commission Meetin�, VI HEARINGS SCHEDULED: 9--U- A. VARIAN ASSOCIATES: Use �Permit for construction of an electronics plan�, involving research, development and light manufac'curing, at Homestead, Wolfe, Prunerid�e and Tan'cau. Second Hearin�. A letter f rom the Plannin� Officer of Sunnyvale was introduced into the Hearing. (Attached as Appendix A to these Minutes) Mr. Robert worcester, Director of PlanninU Operations for Varian Associa'ces, said �hat since i;he last meeting, he has met with the Plannin� staff and they have work�d out the necessary clei,ails. The Planning Director then reviewed the tentative layout for Homes�tead Rd b.y�Lee Yarborough,Sunnyvale Traffic En r,and'him- self. He pointed ou'c that, by necessi�y, Section 1� is va�ue because the �raffic engineerin� for Homestead Road needs more study, and the final decision presumably will be mad�e by the County. He -then demonstra�ced the tenta- 'cively proposed traffic pattern for Homes�ead Road. He suggested tha� 'c��� Cities of Cuper'cino ancl Sunnyvale should make a�oint presentation to the County. The Planning Director said tr�at 10' wide parkin� spac�s are needed in comrnercial areas, bLit conditions are dif- ferent in indus�:rial areas, and 9' would b� acceptable - there . Mr. ��alter UTard, General Manager of Vallco Par�c, said Homestead Road is controlled by the State, throu�h the County. The ultimate decisions on Homestead Road will be made by them, a3�hough they welcome the views of Cupertino and Sunnyvale. The Director of Public l���orl�s said it is not up to us at this time to set any.res`�rictions. The City Mana�er said everything has been wor�:ed out to a po3.nt that sui�cs Sunnyvale, Cupertino anc� Varian. Mr, W3.11iam ZhJatson, of Rockrise and Wa'cson, said they had a very �ood mee�cing �.ast weel� and ironed out all the3.r problems and are in concurrance with the Planning:i;Direc�Lor's � eport. The Planning Director wen� on �o say tha�; the 1 E2' wide sidewalk should be extended on the east side of Wolfe Road all the way to Homestead Road, and placed where the landseape archii,ect advisES. To�ether �vitil other sidewalks on the north side of Homestead Road and the east side of Tantau Avenue, and walkways within Varian's area, there would be sufficient pedestrian facili�:i�s. _3_ PC-R16 Minutes of the Auuust 22, 1g66 Plannin�.Cornmission MeetinU � As to Condition 18, the Planning Director feels�there should be a wide radius a� the intersections for ease in turnint; to and from the cvrb lane. The Director of Public U,TOrI�s pointed out tha'c I��m 18 is an excep�;ion ��o Cuper�ino's � � s'candards; hotF�e�Ter, he 3s not in opposition to it. However, he did want to impress the fact that this is an excep�ion and no�t a chan�e in policy. Mr. �iatson said valley gui;ters. � are used now in Palo Alto, and they reques'ced to use them because that is �he way it is done at Varian's Palo Alto plant. The Director of Public W'orks recomrnends 9' wide parkin� spaces in thi� d�velopment and, further, recommends the. Ordinance be chan�;ed to 9' rather than 10', especially � in indus�rial.areas. MINUTE ORDER: It was recommended that the staff initiate a study on size of parlcing spaces for varidus zon�s, and make a report on same, including recommenda�cions. Moved by Comm. Frolich, seconded by Comm. Buthenuth, to close �he Second Hearing. - AX'ES: Comm. Bryson, Buthenuth, FrolicY�, Horgan, Hirshon NAYS: None Motion carried, 5-0 � Chairman Hirshon su�;gested passin�; a Minuce Order to th� � City Council �iv�ng some direction as to the traffic pattern for Varian. It was �hen decided i;he Planning Commission should emp�zasize the imporcance of Homestead Road and instruct the stafF to pursue it further. Another sug esi;ion wa.s that, before a final approval on Condition 1� is made, Lha� a forthcoming s�cudy of Home- s�ead Road be re�orted back to the-PlanninU Commiss3.an, or that the final plan be resubmit�ed to the Plannin� Commission, af'cer the County has studied i�. Comm. Frolich said L traffic problem is a�oint in�erest of Var3.an, the County, and the two cii,ies involved. He does not feel this is a plannin�; problem. 3'he City . Manager suggested that it is an en�ineering problem. The City Attorney si;ated tha� the matter of s has always been of interest to the Plann3n�; Cornmission. They always check t�n'�ative maps, subdivision maps, etc. The Director of Public Works wanted to ��now, as a matter of policy, whether the Planning Commission has within its realm of interes'c the channelization of Saratoga-Sunnyvale Road, which is currently being studied bjj his departmen�. _ L; _ PC-R16 Minu�c.es of - �ha Auf?;ust 22, 196'6, Plannin�; Commission Mee �ing Chairman Hirshon �a3d 'chat t.he Plannin�; Commission should �be� concerned wi the traffic going from private drive- �n�ays onto public riF�rjts-of-way. One point of interest is �che lack of provision for left-�iand turns from stree�s in Sunnyvale onto Homes'cead Road. Grani:ecl, restrictions were suggested by �he City of Sunnyvale so Varian employees won't be tempted to park in �he resident3al �streets. Comm. Frolich x"eels these questions uaill be pretty well ��et�led by the County. They Vaill study the matter thor- oughly, iricludin� t;he suggestions by the various muni- �ipalities concerned..Comm.Horgan'was in favor of �lim�nating Condition 16 and sending a Minute Order to �Lhe City Council advising them that the P�anning Commis- sion.has not considered the problem. Comm. Fro�.ich ad.ded that we have no� gone extensively into Condition 16 � at �his time and if the Council so.desires, rr�e will do so at a later da�e. � Finally it was decided, upon suggestion by Comm. Frolicl�, to add the i'ollowin�, to Conflition 16: "The Plannin� Commission has no� studied the �raffic pac and ou'c of these driveways nor possible lim3tation of `traffic movements in Homestead�Road, but will, at the City Council.ts d�,scretion, study the complete plan for Homestead Road ti�ahen tha.t plan; is forthcoming." The Director of Pub13.c Works sai.d, at 'che �;ime we r�- linquish this to i,he County, we have no more 1ega1 jurisdiction, but the County will�],isten �o an.y discus- sions and su�gestions; however,, they .�a3�11 make their ocan conclusions. � ' Moved b�r Comm. Buthenuth, seconded by Comrn. Bryson, t11a application �-U-6F Ue approved wi�h standard conditions 1-12 and additicnal cond3.tions 13-20, c_ondif,ion 16 as amended. AYES: Comm. Br��%son, Buthenuth,..FrolicY�, Horgan, Hirshon NAYS : None Motian carried, 5-0 Messrs. Worcester and Wa�son thanked the City Manager, � �he Director oi PuUlic Works, and the Planning Director for their coopera�;ion. Mr. Watson did the same. The Planning Director wanted to einphasize that there is . no factor that afiects cit� planning more than traffic. For instance, existence or not of inedian s�crips, openin�;s in them, lef'c�-turn facilities, etc., dec�.clz hour much zi�rou�;h traffic v�lill spill over into r�sidential stree�cs and decide how livable �he neighborhoods will be. -5- PC-R1� Minutes of the �u�ust 22, 1y66, Plannin� Commission �ee�ing ----------------4------- --------______--------------------------- Also, these fac�ors, among others, decide �he capacity of �he thorofar�s, and available traffic capacity is likely to ultimately 13.n�it the population of the �c'.ity. ChairmaM Hirslzon called for a recess at 9:15 P.M. The meeting reconveneu at 9:25 P.M. VII UNFINISHED BUSINESS � 7-U-61 A. Cit�r Attorney's report relative to Gemco Service Station Use Permit. (At�cached as Appendix B� to these Minutes) . The City l�ttorne�,r Urought up two point"s : Is this a logical use? Is the sale of tires a normal us� of a service station? He fel� that the presen'c use is in order because t.here is a Use Pertni�, and the sale of tires is s�;andard practice at service sta'cions.. Chairman Hirshon asked how the Plannin, Commission could amend ordinances to prevent this froin happenin� again. Comm. Frolich asl�ed if it is the position of the City tha.t any additions tv service stations in the City do not need an amendment to the Use Permit or a neva Use Permif; . Comm. Butheriuth capndered if thi.s should hav� been cau�r�� vahen the applicant- came before H-Control, and felt tha�� perha:ps the H-Control needs to have bacl�"round informa- tion, similar �o chat requested by the Ci�y Council.. The City A�torney said he uncondi.tionally backed the decision made by the Building Inspector a.n this case. � Chairman Hirshon as��ed for comments from �che audience. There were none. He advised that the record should show that the Plannin� Commission has received the report of the City Attorne�r and n�ted 3t. VIIT NEW BUSINESS There was none. . IX S�(JDY SESSION - SIGN ORDINANCE 81004 ' The City At�orney questioned the reasonableness and, in consequence the le�ality, of two provis3.ons: 1. A non- conforming use shall have a time li►nit of two years and shall then be remo�red. 2. . A ;round si�n sliall not be placed on fron�age le�s than 210' . The�City Attorn��, Director of Public Worlcs, and Comm. Hor�an asked �;o Ue excused at this poin'c. -6-- PC-R16 Minutes of the Ai��ust 22, 1�66 Plannin�,; (`�mr�iasion Mee�ing Comm. Bryson said fhe reason for the 210' limitation vaas �o eliminate trle "forest`' of pole s3�ns. The 210' was used because ii, is one side of a square containin� one acre. Comm. Butnenu�h brou�;ht up the question of what happens if the se�baciLs are more than �0' from the public r3�;ht- of-way, It was no'c�d that there are many �.ots on Stevens Creek Blvd. wi�h 50' fronta�e and 1��0' to 150' deep. Commercial zonin� on Stevens Creek Blvd. usually is L:�00' cleep, howe�er. Comm. Frolich :Eeels tne Sign Orclinance should be schedu7.ed for Public Hearin ;s before it i.s polished f;oo much. The Planning Direci;or, Chief Building Inspector and City Attorne� have already, and wi].1 a�ain, o0 over the draf'c ar.d a revised second draft is forthcomin; within a wee�c. The Planning Director said A�ayor Stokes has emphasized the ur�enc3r of vaork on the Interim Zonin� Ordinance, also. Chairman Hirshon brou�ht up the si�ua'cion vahere a buildin� itself is an iden�ci.fication sign (Jack-in-Lhe-Box, McDonald's, etc.) Comm. Frol3ch said i� is a staff decision as to t��hetlzer certa�.n color Schemes; si.ructural shapes, e�c.� are acceptable, He also commented on vehicles parkeci. for advert3sin� purposes; P•�oved by Comm. Frolich, seconded by Comm. Butnenuth, cha� the Sign Ordinance be p�.aced on t'r�e a�enda for PL?blic Hearin� on September 12. Motion carried, 4-0 The Planning Director su�gested chat the Si�n Ordinance be present;ed to �he H-Control Co�r�mittee on Au�usi, 2�rd. The Assistant Planner told of an openin� for a draftsman in the Plannin�; Department, and �ave out a job descripcion with required experience and asked tl�ai� 'c11e Commissioners notlfy persons they �cnow who mi�ht be in'cerested. X ADJOURNMENT Moved by Comm. Buthenuth, 'co adjourn a� 10:�:0 P.M. Motian carried, 5-0 Comm. �ryson said he j°ai11 be unable to attend �he Sepf:ember 12th Plannin� Com►nission me�Lin� because he will be in South America. �1PPROVED: ATTEST : � ,�--� ,. �,� f s Jack H� rshon r ��' + �`� . '� '� . CTairman c: _ -�� ;;� �. e urin Dir�ctor of Planning _7 _ Appendix A to the Au�us'c 22, 1956 Planning Commission Meetinu Minutes -----------------------�-------------------_-_ Au�ust 22, 1g66 Plannin� Commission City of Cupertino Gentl�men: Prior 'co your re�ulaz^ mee�in�; of Au�ust 8, 1966 Mr. Adde Laurin of your Planning Depar'cmeni, informed the Sunnyvale Plannin ; D�- partmenc of the pendin� use permit for the cons�ruction of the Varian Associates Electronics plant. The City of Sunnyvale ap�reciates this courtesy and seeks to co- operate z�:itlz �he City o�' Cuper�;ino in assuring Lizat the developn�en� wi11 be carri�d forc�vard �.n th� bes�; interescs of ��oth of our Cities. Sunnyvale does no'c oppose �he development as shoti•rn. It is concerned, hoti��ever, that the impac'c of traffic on Homestead Road be minim:ized and tl�a'c steps be taken �o prevent the infil�;ra �ion of. indus�rial 1�raffic tnrough the minor residential stree�s 'co 'che north. Mr. I�ee Yarborou;h, Sunnyvale Traffic EnGineer, in consultation tvith Mr. La.urin, has prepared preliminary sltietc.hes shov�ing a patitern of' trea�ment for Homestead Road with a median s�paration, desi�n�d to accomplish �hese purposes. His proposals were reviewed informally by L Sunnyvale Plannin�; Comm3.ssion at its study session, Au�. 15, and by Lize City Council aL i'cs meeting oi Au,� . 1�. Bo�h concur in recommendin�; that�you �ive tlzese proposals favorable consideration, subject i.o whate�Ter mociifications are su��ested by more d�ta�lec? study, in connectior� wi'ch the Varian applicazion. Very crul�* yours, �dVaard C. l�'Ioore Plannin� Officer (City of SLlnnyvale) ECP•7: if Appendix $�o th� August 22, 1g66 Planning Commission Meeting Minutes -------- -------------___________---------�-�----------__� __________ MEMO: City Plannin� Com�nission - August 22 1966 RE: GEMGO Service S�:ation Addi�,ion (7-U-61) FROM: Sam J. Anderson, City At�orney You lzave asked my opinion on �he above s�ructure and cornment on the S�i.aff Report of AL��;List 3, 1966 Section 2 of Ordinarlce 002(a) (Revised} requires an applicant.i,o � file an application for site approval. Coincidentally with tiiis app].ica�ion h� files an applicat for a buildin�; permit. � In the aLove case, bo'ct� applications were filed, �che site approval was gran�ed by the Ci'c�r Ert;ineer. ,(This is done vaith a stamp affixed to i;he buildin� :plans w.hich are submit'cecl as a part of the application.) Applicanf also filed application for a buildin�; permit which has affixed �o it a set of plans and specs. Under Ordinance 21�+, ��ze buildin� inspector is then required to mal�e a finding #;hat the applican'c has complied zlii,h all th� ordinances of thQ city. In order to make such a finding, the building inspec�or is required by the provisions of Orclinance 306 to have architectural and site approval which has gone throu�h committee and has been approvecl by minu�e order of the Ci�i;y Council. This he had prior to �che issu- ance by him of a buildin� permi�. Both ���e building inspector and the Cit� Engineer are required to mal�e fi indings of fac�t under Section 2 of Ordinance 002 (a ). The buildin� inspec�or is required to make findin;s oi fact under Ordinance 21�1, which Ordinance establishes his au�liority. In the latter case, if 'rle cannot make a decision laasec� on the facts or in the event h� ma?�es a decision which is unsatisfactor�J to the applicant, the ma�c�er then goes to the Ci�cJ Council because the building inspector's function is a direct res�onsibility to the Cl'G�,r Council. rather �ha.n i,o any other commission or commitLee of the city. In �h� instan'c ease, he lcnew tha'c a�;as station taas on the si�ce under a Lawflzl Use Permi �. He lenoVa further 'chat 'c�ze Architec �ura]. and Site Control Commi�,tee and tre Council had approved the spec3.fic addi'cion �o be made and he thereupon issued the buildin� permit which is bein� quesf:ionecl here. Appendix B to the Augus�c 22, .1.966 Planning Commissio� Mee,�ing 1�7inu�es, continued ----------------__________________________+.. ---------�----�-------______ In my opinion, he acted coinpletely within his au��iiority and the fact that some other person mi�'r�t ha.ve acted differen�l� for sueh �ech- nical reasons as mee�s and bounds in a lon� past appllcation or obi�er dicta by a planninJ commissioner tha� GEMCO should not be permitted to sell. all �he ariicles sold bf Star and Bar Sta�ions, does nov constitute anST �rounds for reversing �is decision in 'che absence of clear proof of ac�cual fra.ud. Sueh ma��ter as these latter points, iF placec� 'c�efore the Council by a bashful buildin� offi- cial who was unwillin� to make decisions, would plu� the City Council and stop the ci��y �overnment function. To take the most adversary position, would be Lo rnake out a case that perhaps a buildin�; permit issued would be voidab�.e for non- compliance with a directory requirement. In this case, I don'i, think this is even the si�uation. I believe the Use Permit was sufficienc to include t;he entire operation. As a matter of fac�, I don't see much of a case the other v1ay.