The URL can be used to link to this page

PC 09-12-66 10�.21 South Sarato�a-Sunnyvale Road Cuper�;ino, California Phone : 252- PC-R17----------------------�------------------------- 80,000.�4 C I T Y 0 F C U P E R T I N 0 Cali!'oi�ni� _ MINtTTES OF THE REGULAR MEETING OF TH� PLANNING COMMISSION September 12, 1966 8:0� P.M. Held in �he �oard Room, Cupertirio�.� Elementary School D3:stric'c, 10301 V3sta Drive, Cuperi,ino, California I� SALUTE TO TH:� FLAG � e _ . II ROLL CALL: Minutes of` preuiotas meetin�, 8/22/66 Comm. presen'c : Bu�;henuth, Frolich, Hor�an, Hirshon Comm, absent:, Bryson Staff pres�nt': _ 'Ci�i�y. Attorney, . �am And�rson Director oF , PLib�.�:c` Works,, Fran�c Finne�r Director oi Pl��nning, AdcTe La.urin Assistan'c Planner, �'im Nuzum Chief Buildirig_Inspector, Bill B.enevich � �' '` � Recording S�c;:retary, I�ois Inwards � Movecl �by �:Comrn. -But�enuth, seconded by Comm. Hor�an, �o approve the Minute.s of Augtzst 22,�1�bb. � . � AY�S: Comm. Butfienuth, Frolich, Hor�an, Hirshon NAYS : None � ABSEN'F: Comm, Bryson_ , Mot3.,on carried, 1 I-0 ZII ANNOUNCEMEI�T OF POSTPONEMENTS, etc. There �iuere none. IV WRITTEN CO^�MUNICATIONS There were no`rie.` � V VERBAL COMMUrtICAT�ONS : � There were none. � � _1_ PC-R17 Minutes o� ti�e 9/12/66 Planning Commission Meetin� VI HEARINGS SCHEDUL�D: l�-U-�6 A. MERRY TIMES DAY NURSERY: Use PermiL �o operate a day L!-U-66 nursery a� 10312 Blaney Avenue. First Hearin��. Attorney Tracy N. Tum3in, 12378 Sara�oga-Sunnyval� Road, Saratoga, presented photos of 'che buildinG as it appears now, as well as �clie proposed'Iayout. Ac present, the pro�er�y is resident3al and is in need of pain'c and landscapin�,,� '�n the basis of the Plannin�� Cornmission's approval Li�� applicani, coml�lei,ed the purchase .of 'cile proper�y`. They were later ini'ormed that the Plannin� Commiss.:�on ac'cion was bein� appealed to the City Counczl, and 'clze �Council subsequen'cly denied the Use Permit,,, nQ�e primar� c.oncern mentioned in �che appeal was the in�r�:ased traffic and whe'cher i�c v�oL�ld presen� any dan�;er for the school chi3.dren �oing to and i rom Portal School.� At'corney Tumlin does not feel t11is vaill be a problem in thaL 80f oi the children will Ue droppet� of�' at the nursery bsT wor�cing parents, ��uell i� �:t��Yce af the i,ime children will be walking to school,�- &� wil�, be pic�.ed up aFter all c�ze school children have ��ft fQr Ylome. He saxd there is ade�uate room for 'che vell�.c�,�s to stop in the parkin� lot to let the children ou�� urn around, and.�o forward ou� yhe driveway. There is no ��`�� to back out onto Blanc-�T. Pur'cher, he said we ar� �V�;�C�'n� about roughly 18 cars daily. He spoke wi�h the Pri��;��1 of' Por�al School, who did not feel there taould b� any great dan�er. Most of the drivers who will be brin�ing their chil�.r�n to the nursery will be workin� mothers, and will na�urall;r be extra careful. I As to creepin� commercialism, Attor�z2j� '�urr��i� sa?d �he i application is not for a r.�zoni�;;� i'� �.s mereiy a Use Peri�nit and there is no possibi3i�� oi �any other use goin� in there. The Planning Department info rmed him 'chis mi�ht be considered a quasi public use, o?��ra�ed 1�y priva��e citizens. H� said it v�ill enhance tl�e va�c�e of the area with its ex�ensive landscaping and addi�:ional ience, shielded Uai��h hed�es. They also plan �o paint th� s'crvc- ture. There Uaill only be a small, c�iscreet identific�t�on sign. �� In regard to the potential noise �o--emanate from this type business, A�torney Tumlin feels ��is i� noi; r��.evan�c since all the houses there back onto �'h� s-cl�ool grounds. The children a�c tne nursery tiaill on�.y havc limited ou'cdoor play �;ime in their schedule. The Assistan'c Planner said tl�at, basical�y, the application � is the same as 'che previous one and �i1e staff's recommenda- tions are the same as before. ��,�.�,,;.��,:. . ; .; ,- -2- PC-R17 Minutes oi' '�lze 9/1.2/66 Planning Commission PZeetin� Mr. Rober�� Appleby, 19990 Pear Tree La.ne, Cupertino, re- presented �hose neighbors in oppasii;ion to this Use Permit. He said the P1�.nning Commission Minu�es of �April 11, 1966 presen�ced 'cr7� ar`�;uments in favor of ��his Use Permi �, and �che City Cot?ncil Minutes of May 2, �.966 present the ar�umenL a�ainst it. Reasons presen'ced by the opposi�ion Vaere : 1. This �raould introduce a commercial enterprise into a completely residen�ial (R1) area. 2, The direc� impact ori the adjacen� property ovaners and their nei;hbors and would place in �eopardy�their proper'cy values. 3. It would tend 'co increase traffic unr�er normal as well as ixzclement s�lea�her conditions. The City A�i,orne�r stated tha'c i.n o�i.h�r cities, an appl�.ca- �ion may no�c come up a�ain for a period of less thaM one year af�cer a. ruling. Ii thEre is a ma'cer3.a1 chan�e, ' it should be in �he power of the Plannin„ Commission or the City Council to revie�r� i� a�ain. There is no Ordinance in Cuper requiring a waitin� period of one year. Mr. MasseJ U�suno.miya said the Hirams ��aere notified that their Use Permit was approved. No ob�ections were raised during the Planning Commission Hearin�s. On.this basis, the applicant went ahead vaith escro�v on the property, In addition, there was no time or opportunity for pre- paration o�' a rebu'ctal at the Cit� Council levzl. Mr. � Utsunorniya fe1.�t there were material fac'cors involved here : timir��, and no dan�er to �he children due to cars backing out onto Blaney 11v�nue. � Chairman Hirslzon said there tivere matters brou�ht up by the opposii,ion at the Cit�r Council lev�l which were not heard at i.i�e Plannin� Commission level. The City A c �orne�T said perhaps �;he applicant' s remedy is in t71e CoLtrts. The Plannint, Comi�nission coul.d not pa.ss a Resolui,ion sta'cing the applicant did not gei, a fa'ir Hearin� at the City Council level. Comm. Frolich tiaondered if, ra�cher than have �he appli- cation re�rietived by this body, perhaps �clie applican� should go to tize City Council under Ylardship or some- �hin�. Comtn. Hor�an did not feel i�c vaould be pro�er to deny the application because that mi�ht convey the wrong impression. Mr. Utsunomiya said he feels they were denied a fair Hearing at the Ci'cy Council. because a� �he end of �lze Hearing he raised his hand to speal� ancl he ti�aas told �he Hearing Uaas closed and �ha� the mattier was finished. He feels the Hearing should have been reopened. -3- I'C��t1'T Mi�utes of the 9/�.� f6� Pl�nn�.ng Gomxni�s3,on PSeetin� �.-+'....�.+►t.. .r.��.�tTrYT9l'X9ie �f..rr. .r..y!"R'1r7�7r�!�s1r'l�T�.T"'Mr��..n�r.��.y.rl�;tw....�.+�-...��...�f-�..rr. ..�.�w H� a�� I3 +��►i�� +� .. � 3�4 �. �ases have they G� �� .�� '`'+�� . � �� '� � �� it'��. '� � ►'�''�► +��+�� ►��. �� e� �au�tt � �r�� e►,� �u�o �x,� '��a. Mr. Utsunou�i.� ��►d �► �'e1�� t ie �urst and Fa�r th�tt tY�g ge� '��r #iex�'�.� ��e �3o��g in o�' ��►�es pr�ve�L� 3.L. �e �� t��d �� 2�' '��e ��c�.�t fe��.� �� , �� .. . �� t� � �:�t ��►�t� st�an]:t� �e .. ��+��i�� a �Oru�t�� '� �!� �� 1�s�. Z� . � � � � �► �� . �'��s� �� c�.�.. � � �� ' �� a�� ' �• ��i�� .oe+e �� ; . � � ��. ��►�c��. �� :4 � ,.: � ��;�� `� . �. .�� . . � � : � � �fi� �'�� 'f' ��t. '� �. �, ��# �� i►�"'' ��k, �►�''�, �� 1�.�.��:+� �'��'�*� � �� 9� .��;� ��!�� . �►��; �.� ��.a��,,� � �► �r��.�c►��,�► #�' �#� ' r��e�pr4� � �i�e.�� . t�! .��r�°��+�►�►;, � ��+��► u� t�.� lden�i�.'�. �.��e�8 ��' �f3e� �� +� � �h� ��.�� o�.�.. � ��' t� ��' �� #� �"�� +�� '��. ?��e a�c� ��t� �. � ��' �� "�� ,� ��s�� t?� Co�x��.7: � q� �,� "�� r '�� omi��.ssian �'ox' tl�t �+��s, � , �Ot'lE�:S : �� t��,� ��t�,� ' �*�IG�t � - �'�S s �� . ��'�i��► �3�. ��. �±�lac .' �a�a ��.�,� �!«►d 11—vM�f'a �, '�� LA� �� '�� ' �'�'�G�1' . �'�G� i '�'a� �9e� �� r+� �tt�o� c,� e�a8� �e �' �,leii��t � , , �+s�w�t ��t� �� . �� etd.�'�d �. �� i�'�� Chi e.f � LuI�,�� ,'ul �� ad', 9an �a�te, pre s ented plans of 'che prop�� fire sta �ion. ..l►__ PC-R17 Minut�s ox" 'cile .Q/12/6.6 Plannin� Commission Meetin� The PlanninU Direc�or said - che location 3.s presentlf in the County, Y�u� pa.pers for anne�ation to Cupertino have been filed. Tl1is, to�;ether v�aith an ur�en'c need for the building, crea�ces a complicated si�uacion, and has re- sulted in �che i iling of applications i or Use Permi'� uefore the Plannin� Cornmiss3.ons of both i,he City and County. The simples� solu�ion seems to be that the Plannin� Com- mission, if i�c pleases the Commission, tiaould ap�rov� the application, subject to annexa this��approval would �uide the Coun�c�r� Planning Commission in considerin� a temPorary Use Permit. An approval should have the con- dition a'c�acl�ed tha� McClellan RQad is to be comple�ed 'co 30' from �he c�nterline. The Direc�cor oi' Public ?�torks said tlzis is a rather unusual situa"cion. He does no'c know at tl�is i,ime whether i'c is advisable �co mal�e the si,ree'c improvements beeause �j�e . �resent ali�nmeni, is so bacl; Perhaps McClellan Road should be reali�ned. He feels it is ex�remely hazardous from the s�andpo�.n'c oi t�1P fire en;ines. Perhaps vae could indvice �he County to study Lhe real�.gnment of McClellan a this time. The City 1�#;'corney said that, based on the history of the friendship of lon� standing be�ween the City and �cl1e Fire Distric�c, he recommended the Plannin; Commission �ran� the Use Permi�, feeling sure thaL the Fire Districi, t�aill cooperate in put�in� in the improvements, where and t^�hen necessary. Mr. Mehus, 21972 McClellan, said he is opposed to placin� a fire si,af;ion at this •location. He i'i,ures he would talce a los� of ai, J,east �5000 on hzs proper�y, due to-the fact that he lives next door �CO a fire stai,ion. He f'eels fire sta�ions should Ue ke�t out on the main thorofares, or in commercial or indus�rial areas. They have no place in R� �dis�ricts. � Mr. John Be�.l, 21�8� MeClellan, said he was opposed i,o this locai,ion for the .fire s�a'cion mainly for the san�e reasons . In addition, i�; is locai�ed in t�etween ttivo hazardous �urns, and there are aboui, three auto accidents there each month, If the road is v��idened, will i,Ylere be enou�lz property left to build.a i'ire house on? How much parlcin� area vai11 there be? Many things go on at fire stations, oLher than figh�in� fires: re�istration of bil�es, vo�in�, fire permits, etc. Chief Luhrin�� said �hat 3 years a�;o he Yiad a surve�t �z�ade of i,he fire ratin� in Lhe Cuper�ino area. Th� Pacific Fire Raicin� Bureau recommended relocation to the east of 'che Stevens Creelt Blvd. station and �Che acldition of ano��her in the Monta Visi,a area. There will be amp1� parl:in�; in fror�c of the sta�;ion. The structure will i�lend in very tlaell with �he cornmunity. _�_ PC-R17 RZinutes of the 9/12/66 Plannin� Comtnission Meetin�; Mrs. Donnalee Mehus, 21917 McClellan, had �he sarne objec- tions as previously sta'ced. She Ila.s �een the Cox i ire s'ca� '�3.on tivhich the Chief referred to and i'c does not loolc like a residence; :it looks rnore li�.e a Eommercial structure. Ft.2rther, she has learned that the Monta Vis�a s�ation will no� ha.ve a shake roof as the one on Cox Avenue has; it will have asbestos shingles. Mr. Be11 asl:ed, if the Use Permit taere �ran��cl, woulcl -the fire dis�,ric'c be required to put in kalinking warnin� li�hf;s? He said ii; wottld be impossible for a i'ire truck con�ing out of f;h� s�ation to get arou.nd the curves. The Chief said b13.nkers could be discussed wi'ciz the City. He add�d f;Y�at Johns-Manville tlZick-butt shin�les 1�•��.11 be used b�cause Cupertino v�on't allow shake shin ;les. Mr. Bell fei� the traffic on McClel.lan would increas� ancl become even more hazardous, due to �l�e De Anza Jr. Co7.1e�e and o�her neva schools in the area, In answer �o Comm. Horgan's question, the Chief saic� this property v�las purchased seven months a�o. Mrs. Mehan said �;here is a steady si,ream of school children from Kennedy and Lincoln Schools, tiaa11�3.ng alon� the pa�h across this property because theix� parents vaon't allow them to walk on tize hazardous McClellan Road. Chairman Hirshon asked �vhat criterion ti�•las used to choose this properi;y for a fire s �a'cion. Chief Luhring said they used: �rowi�h of the area, the Junior Colle�e, the new hi�h school, and the pat�ntial grot-�rth of Monta Vista. Juanit;a McLaren, 10�01 N. Blaney, Cupertino, was conc�rned about the hazardous route a f i��e en�ine would have 'co follow. Sh� sungested that the Central Fire District should inves�i�,ate the possibility of a location in '�he Monta Vista area. The Director of Public UJorks asl�ed i,he Chief if i� would be possibl� �o �et one of the lar�;e r3��s around these corners, The Chief said it would. Th� Director of Public 1�Jor��s said �he Board of Supervisors recommended tha�c McClellan Ue 94' wide east of the ri�h�-an�le �urn. The Chief ylas as��ed if there was some ur�ency here. He said 'che n�ta snorkel wi�.l be del3.vered 3.n October and they planned �co house it in this neti�a station until 'chey can reloca�ce 'che Stevens Creek Blvd. s�ation. The COLil1'��l' will hear �his application on Se�tem'uer 21st. _6__ PC-R17 Minutes of ti�e 9�12/66 Plannin� Commission Meetin6 ----_��__�----------------- ----- ---------- ------------------- �The City A'c��orney would like the �ount� to �he loca�ion, since it is pres�ntly under uheir jurisdic�ion. Comm. Froliclz fe1� any recommendation �rom this body should inc1.L?de b].in�cin� warnin; li�;hts at the s'cation, as well as Lraffic li�hts at the 90 de�ree�turns, wnich 1i�hts automa'cically tiuould turn red and stay tha't ti��ay until after �he fire en�ine has ne�otiated those corners. Mr. Gratan Hogan, 11067 Linda.Vis'ca_Drive, feels �his ].ocat3.on of the fire .station hasn' L be�n very we11 thought out. It should be located on a nearby industrial or com- mercial property in the area rather tha.n in a residential area. Traific problems crea�ed by the station add �o an already hazardot�s situation. Chairman Hirshon feels the traffic problem out-balai�ces �che fire protectio.n problem in this case. Comm. Frolich said we don't have much levera�e to i;ry to see that our plans for tha� area com� to fruition. He would ra�Cher leave the decision up i.o zhe County because the ,�urisdict3.on is theirs. Chief Luhrin� said a survey of other properties available in the area U�as made, but other locations were much too expensive. He has to spend the taxpayers' money wisely. Comm. Frolich proposed approval, sub,�ect to the standard conditions, annexation, and the gran�ing of a Use Permit by �he eoun�yr Planning Commission. He would also li�ce to have the staff malce a report to the County so we don't �ive them the idea our approval is delayed because of a � mere formali'cy. The County should also exam3.ne the problem. Comm. Frolich would like 'che staff to appear at the County Plannin� Commission Hearin� or, at least write a 1et'c�r about Cupertino's feelings on it. Moved Uy Comm. Frolich, seconded by Comm. Horgan, i,ha� the First Hearing be closed on application 11-U-66; that the s�taff is requested to appear, if possible, or write a letter to the County Plannin� Commission callin� a'cten- tion to�the problems discussed durin� this Hearing and to the concern of the reaidents in ad�acent areas. Our Second Hea�ri.n� will be on Sept. 26th and we would appreci-- ate informai.ion back by then. 1�YES: Comm. Bu�chenu'ch, Frolich, Horgan, Hirshon NAYS: None t ABSENT: Comm. Bryson ` Motion carried, �!-0 _7_ PC-R17 Minutes of 'uhe 9/12��6 Planning Commission Meeting Recess was called at 9:50 P.M.; meeting reconvened a'c 10:05. VIII NEW BUSINESS: 13-TM-65 A. WILLIAMSON-UI�OLEY:. I��ension of Tentative. Map. Mr. James Williamson,�1051 Polk, Sunn�rvale, was present to ask for an exf;ension of his Tentative Map, due to ti;ht financing. The P1ann�ng Director said the Plannin�; De- partment has no ob�ection, exeept i,hat he wan�ed to br3.n� up the point of underground or streamlined utilities. It mi�ht be considered not fair to require them now, since the Ten�at3.ve Map has already been approved, UL�.t on the other hand; neighboring developments now have streamlined ut�ilities. Juan�ta McLar�n said this property is ad,�acent to h�r home, and all the neighbors approve of this; no'body objects. She feels the applicant should be allowed �he extension. The Director of Public Work� had na objections. The property is still raw; there are no draina�e problems at � this time. The.City At�orne� advised this applica'cion would be sub- ject to the Ordinances,o�' the City. Moved by Coram. Frolich, seconded by Comm. Buthenuth, to approve application 13-TM-65 for exLension, with the unders�andin� that now existing Ordinances for under- �round utilities will be applied. AYES: Comm. Buthenuth, Frolich, �organ, Hirshon NAYS: None � ABSENT: Comm. Bryson Motion carried, �!-0 13-U B . A. L. CHAD�.JICK: Extension of Use Permit. Mr. A. L. Chadwick, 2Q100 Stevens Creelc B1vd., reqLtested extension of his Use Permit for an aui,omotive cen�er on Stevens Creel:. B1vd., with the elimina�cion of that portion referrin� �o an automatic car tiaash.. � The Assistan'c Planner said the Pl.annin� Commission denied �he Use Permit;, but the City Council approved it, and therefore, �;he Planning Department recommends thai, �he extension be �;ranted. -�- PC-R17 Minutes o� th� g/12/66 Planning Commission Mee�in� Moved by Comm. Buthenuth, seconded b�r Comm. Horgan, 'chat application 13-U-65 extension of Use Permit be approved, with the deletion of the automatic car wash, AYES: Comm. Buthenuth, Frolich, Horgan, Hirshon NAYS: None : ABSENT: Comm. Bryson Motion carried, L'-0 VI HEARINGS SCH�.N;DULED � 81,OO�.I2 C. SIGN ORDINANCE N0. ;50: Revision of existin� Si;n Ordinance No. 89. First Hearing. The Plannin; Director said copies of �he second draft had been sent out to P. G. & E., P. T. & T., Electric Si�n Association and the Home Builders' A�sociation, as well as Dr. Joseph Brown and Mr. t�lalter �1ard He noted a reminder.by Mr. Walter Ward �ha� no provi- sions for permanent subdivis3.on si�ns are 3.ncludec�; they have a le�i�imate purpose in ceri,ain places. The City Au�orney said that all such porticos should be on privai,e property because �he City did not wan'c '�o ge'c involved with the maini,enance or legal re- sponsibilities. The Director of Puk�lic Works said we coul.cl crea'ce an ille�al lot if we l:eep a sliver � out for a s3.�;n, and felt these si�ns should not be placed on a publi.c thorofare or on a separate lo'c . � It was fel� �;ha� industrial par�t si��ns were different. Mr. Wal'cer Z�lard displayed wha�; Vallco Parlc has pro- r posed. He sug�ested special rules should apply to planned developments. Mr. Ray White, 8L!1 The Dalles, Sunnyvale, representin, i Shell Oil Company, said tha� a p��oposed sign allov�J- ance of 1/ of lot area would not be enou�h for service s�a�ions. They usually have three types of signs: on� free standing owner identifica�cion sign, two price si�ns 2 x 1�� sq. ft,, tt��o trading stamp s3.gns 8 sc}. �'t, He said that She11 Oil Company is very concerned about this, and taould lil>e Western Oil Associa�cion 'co contact the Cii.y for consulta�ions. i The Planning Director ti�uelcomed this approach. Mr. White fur'cher questioned the moratorium of 2 years (San Francisco has g , 10 and 12 years) and also thou;ht that the tivord "plastic" should be added to Sec. 1 !.22. -g- PC-R17 Minutes of the 9/12/66 Plannin� Commission Meeting ��.� � ^.�r�...��r�.�.��.�'��r.. ��. ��r��.��.�.��w.�.��.�r��.��. Comm. FroTich wonderzd if the iabels on th� pumps should be considered si�ns. H�.proce2ded with a verbal pre- sentation of an extensive li�t of corrections and amend- ments to the Second Draft. �'hese were discussed by the Commission and will be included in the next draft. Moved by Comm. Horgan, secencied by Comm. Frolieh, to continue the First Hearing;. AYES: Comm. Buthenuth, Frolich, Horgan, Hirshon NAYS: None ABSENT: Comm. Bryson Motion carried, 4-0 IX ADJOURNMENT � Moved b� Comm. Frolich, seconded by Comm. Horgan, to ad�ourn the meeting at 11:35 p.m,: � APPROVEIl: /sj Jack Hirshon ; Chairman � ATTEST: . � . � ,- .... (, � �� ( t �„ y � � y �^. ` � Adde Laurin, Director of Planning -10- � � i