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PC 10-24-66 10300 Torre Avenue Cupertino, California, 9501�+ Phone: 252 -�+505 C I T Y 0 F C U P E R T I N 0 Calif'ornia MINUrES OF THE REGULAR P2E�ING OF THE PLANNING COMMISSION October 2�+, 1g66 8:ov P.M. Held in the Board Room, Cupertino Elementary School District ��fice, 10301 Vista Drive, Cupertino, Californi�. I SALUTE TO THE FLAG TI ROLL CALL: Minutes of previous meeting, 1G/1G�66 Comm. present: Bryson, Buthenuth, Fxolich, Hor�an, Hirshon Comm. absent: None Staff present: Director of Public Works, Frank I�'inney City Attorney, Sam.Anderson City Engineer, Bob Shook Assistant Planner, Jim Nuzum Recording Secretary, Lois Inwards Moved by Comm. Buthenuth, seconded by Comm. Bryson, to approve the I�inutes o� October 10, 1.g66 Motion carried, 5-0 III A1�INOUNCEMENT OF POSTPONEMENTS, etc . 14-U Mr . Walter Ward, Va11co Park Genexal Manager, has requested that application 14-U-66 be postponed indefinitely. M1NtfrE ORDER: Moved by Corur�. Bryson, seconc?ed by Co�n.. Hor�an, that application 1�+-U be clropPed of'�' calendar. Motion carried, 5-0 81�004.12 The Chamber of Commerce's proposed changes to the Si� Ordinance have been received by the Plannin� Department. The Santa Clara- Santa Cruz County Builders' Association plans to have their pro- posed changes ready �rithin a week. The Assistant P1a.nner recommended Item VI E be post�oned until the November 14th Planning Conunission meetin�, � � Chairma.n Iiirshon asked ifi there were any comments,from the audience There were none. Moved by Comm. Fralich, seconded by Comm. Horgan, that the public hearing on the Si�n Ordinance be postponed until November l�th. Motion carried, 5-0 -1- PC-R20 Minutes of thQ Oct. 24, 1966, P18.nx�in� Cammission Meeting TV WRITTEN COMI�IUNICATIONS � There were none. V VERBAL C Ob9M[INICAT I ONS There orere non� . VI HEARTNGS SCHEDULID: . 7-TM A , WARD CRUMP DEVELOPMEA.�TS: Tentative Map, property adjacent to and westerly of Stellin� Park, Tract 3916 �+.56 acres. First Hearing. A4r. Crump said the Planning Commission has seen this before; this is merely for approval of the Tentative Map. The Assistant Planner stated he had ctzecked it a�ainst Planning Commission Resolution 288 with 9 conditions attached and it complies. He said the County feels there is need for a walkway throu�h the praperty to the school; however, the school district does not feel �this is urgenic. The Director of Public �•lorks coanmented on the storm drainage problem and explained the storm.drain route. The Ci Attorney cautioned that if we are going to reserve something thexe should be some nota- tion made of thi.s intent on the Tentative Map, according to the amendment to the Subdivision Ordinance. A4r. Crum� said that if this was the case, he wished to �,rithdz�aw his Tentative Map application. Comm. Hor6an asked about underground utilities. Mr. Crump said that �rherever there are not already poles existing, he will �o either underground or streamlined, whichever the City prefers. The Director of Public Works recammended continuing the Public Hear- ings in order to �et the drainage problem resolved. Mr. Jim Inglehart, 1140 Janice Way, San Jose, representing the School District, said their only concern is t'c�a� they are not cut off completely. The Director said the line is to serve the Nathanson, Page, and school property. A2r. Crump couldn't see why this line cauldn't go on the undeveloped land that it is to serve rather than his. The City Attorney said it is to protec� the applicant more than anyone to get,some formal indication at Tentative Me.p time what con- ditians will be imposed at Fina1 Map time. Tt�en_k�e will not be caught unawares. He quoted Section 3:3 1 of the 3ubdivision Ordinance. Mr. Crump said he sides �rith the School District in regard to a side- wa3.1�'between two fences. Past experience wi.th this type setup has proved unsatisfactory. Moved by Co�nm. Iiorgan, seconded by Comm. Bryson, to continue the First Hearing. AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon NAYS: None Mation carried, 5-0 -2- PC-R20 Minutes of the Oct. 2�, 1966, Planning Cor.�mission Meeting _-----------�--�-------------------------..N_----------------------------- 10-U-66 B. MERRY TIP�TES DAY NURSERY: Use Permit to operate a day nursery at 10312 Blaney Avenue. First Hearing (ae novo). Nr. Tracy Tumlin, 12378 Saratoga-Sunnyvale Road, Sarato�;a, attorney for Mrs. Hiram, reviewed the facts involved in this case: The first objection raised was that of the traffic potential and increased danger to children �oing to the school on the adjacent property. He displayed a parking diagram which has been altered to make in�ress and egress easier. The second objection regarded tinies: Mr. Tumlin stated that work- ing mothers drop the children off lon� before the school chi]-dren c�rill be going to schoal and picl� them up after school is out . �de are talking about roughly 18 cars altogether. There are about �+CO students in this school a.nd the crossing guard estimated about 75 students would be passing here about 8:10 A.N1. and again at 3_P.M. As to the question of creeping commercialism, this property is like a thumb stic?iing out from the surrounding subdivision. It is a.n older, run-dor,,m house, bordered by the school �rounds and Blaney Avenue. If the applicant is �;ranted the Use Permit, it will be painted, landsca.ped and �'enced and will give a much better a�pearanc�e. There will also be a buffer between this property and the adjoining residential proper�y. Mr. Tumlin does not feel these 25 children will be a significant factar since there are 400 at the school. Further, they ��rill be indoors most of the tim e, with a morning and af'ternoon outdoor play peribd.. This is more a quasi public use, simila,r to the school next door. The Assistant Planner said the staff still feels the use is proper for this property. Mr. Warren Dunn, 1985�+ Bay�aood Drive, feels this nursery schnol irould be an asset rather than a detriment to the neighborhood. � I�Ir. Roger Morphey, 1C370 N. Blaney, presented a petition with 1�+3 signatures of people against this application. He cited the fol- lowin�; reasons: 1) It would in�roduce commercial enterPrise into an entirely residential neighborhood. 2) There would be a direc� impact on the neighborhood and property values. 3) It would tend to localize'traffic congestion. He wondered if this application y�ould take �he fo�n of a rezoning or business license.. Iie raised the question of oThether or not this would be cate�orizec�. as a Iiome Occunation: Chairman Hirshon asked the City Attorney �.S' it is proper for this to come under a Use Permit application. '�he City Attorney said this is permissable. � r -3- PC-R20 Minu�eo o£ thc Oct, 2�J� 1���� Plarm ing Comn�issxon Meetiri� Mr. Robert Appleby, 11990 Pear Tree La,ne,Cupertino, said his property is adjacent to crhat yrould be the play a.rea of �he nursery. He said the �arimary nurpose of this business is a child care center and does not deal ;�*ith education; therefore, bein� near a school has no rele- vance. Further, the noise from the school comes at re�ular hours. This day care center will operate from 6 A.M. to 6 P.M. and perhaps silc days a�ree?L and twelve months a year. The r�lay time would not be regu].ated to a certain tix;:e of the ciay. The schooi, t�rith �00 students, is on 6; acres t�rhereas here we would have 30 children on a small lot. And if a person's property bordexed a day car center it would not l�ave the resale potential that it taould if next door to another resiclence. Mr. Appleby said the present location�of the Merry Times Nursery in Santa Clara is on completely eommerciaS property. It is simiZar to Stevens Creel: Blvd. or Sara,toga-Sunnyvale Road, and �he residents believe it should stay on that type street rather than a residential street. He said it is unfortunate that the applicant has Zost money purchasing this property, thinking he has the Use Permit, but this just isn't so. Mr. Robert.Jacobson, 10311 N. Blane�r, feels there yrould be � traffic problem and presented a diagram ilZustratin� this. He does not believe we can allow cars to pull directly up ta a sehool fence, beca.use sooner or later it wi.11 be �arred or bent.. There is only a one-way drivewa.y into the property and this could cause in�ress and egress problems. Parents are required to ta�ke the children into and out of the buildin� and this could cause congestion. Mr. Jacobson said they had someone observing the A�ierry Times rlursery at its present location. Between 7:30 and 8 A.M. there were 7 cars; Uetween S and 8:30 there were 13 cars; bettreen 8:30 and 9 A.M. there Vrere 5 caxs. Five of the cars pulled up on the wrong side of the street to let the children off. Another pulled only half way into the drivetiaay. Pexhaps if they came to this 3ocation tliey would pull into the school driveway and drop off the chilaren there. Yy?r. Morphey said 2.25�0 of the 428 families in the area have school � and pre-school chiZdren and working mothers. I�e wondered if they ti�ould avail themselves of this day ca.re center. '' Nir. Dunn said that when Wolfe Road opened it took a tremendous load off Blaney and the addition aF 20-25 cars would not have any effect tirhatsoever. Mr. Massey Utsunomiya, 172? Eberhart Street, Santa Claxa, said he soZ3 the property to t�irrs.Hiram. He said they are not interested in the noon crossing, only the mornin� and af'ternoon. The working mothers pick up the children after 5 P.M. when presumably all the school children have ler"t. N1r. Jacobson sai.d there is supervised ai`ter-school recreation until 6 P.Pd. =4- . PC-R2C MinutES of the Oct. 21+, i96b Planning Commission P�Ieeting ------------------------�-----------------------------_-.---�--------------___- Attorney Tumlin reminded them that this is a Use Permit, which is revokable. This is not excZusively an R-1 area because there is alreac�y a school here. He can't think of a better place to put a nurserv school. The worst location for a nursery school �aould be on commercial property. He daes •:not feel it ti•rill be significant in affecting pro�erty values. The hours will be from 7 A.P•S. to 6 P.N�., 5 days a week. They will be small.children, therefore a sma11 play yard is adequate. The City Pla�ner has stated that there is amp].e parkin� provided, and that turn ar�ound maneuvers would be si�rple . - Mr. A�pleby does not feel 36' is adequate for a car to come in and turn around so they can go forward anto Blaney. Mr. Tumlin, in explainin� the buffer.�zone, said most of the archard would reinain and e solid wood fence was proposed. The Hirams would be to make a circle driveway in front, if this is the wish of the neighborhood and the Comm3.ssion. Mr. Jaeobson asked the applicant if they have licensed teachers. He was told they are licensed by the Social t�elfare in San Francisco. They have rules by which they must abf,de. Cami�:. Buther.uth Vrondered if the proposed parking layout would tend to encourage backing out onto Blaney. The Assistant Planner said it is desi�ned so that people �ril�. be able to back up and turn around. However, 2 vehicles could not pass in the driveway. The Director of Public Worlcs said the average number is 8000 vehicles per day on Bianey. Ei�hteen more or less cars would not be sig- nificant. There is more than enough room to park in frant and deposit the children in the nursery. He feels the traffic is the least significa,nt o� the problems p�esented. Moved b�t Comm. Horgan, seconded by Comm. Frolich, to close the Fublic Hearings. f AYES: Comm. Bryson, Buthenuth, FroZich, Horgan, Hirshor�. � NAYS: None Motion carried, g-0 �+iavec� by Comm. Iiorsan, ��cond�a by Co�mu. euthenut;h, to deny Use Permit application 1C-U-66 in view of the argunients presented . �onight and the fact that it was denied previously by the City Council. AYES: Comm. Buthenuth, Hor�an, Hirshon t P1AYS: Comm. Bryson, Frolich � � Motion carried, 5-0 � . � __ , -5- PC-R2Q Minutea o� tt�e Oct. 2�t 1�66, P7.a,nnin.g Cnmr:iission Meeti.r_g Chairman Hirshon advised �t.ie applicant of his ri�ht oi' appeal to �Che City Cauncil, in zaritin,�, �ri.thin five days . Chairm�,n i3irshon called for a recess at 9;27. T�ieeting reconvened a� g:35 F.r2. 13-U c .. WARNER tiJILSON: Use Permi� for automobiie accessories a.nc� ap- �?li�,nce store on Stevens Creek Blvd., LE87 feet east of the Cunertino Pos�; Office. First Hearing. Architect Edwin Mey�rs, 10601 South Iiigh��ay �, Cupertino, presented the Commission ti�ri.th a floor plan ancl elevations of the 14' high structure and a �lot �lan. P�2r. Harry rlcCu�, o� the T'irestone Company, V�as present to explain tlle operation. He said they wi?l sell applia.nces as well as auto accessories. There �•Till be 8 stalls fox installation of items pur- chased in the store. Iie said they are proposing for this location a Firestone store lii�e about 1200 others, many of zahich are located in shoppin� centers and doz,�n tot�m centers. The facility includes a retail sa�les store and other appliances, 1at4m-garden.supplies, etc. He brou�ht along some pictures of some of the types of products they sell. They do not perform any heavy ti�rork or muffler worli on vehicles. The architecture of the stare is modern. They do not operate a gara�e...no motor tuneups. The Assistant PZanner said the Plannin� Director is on vacation. The Planning Depart��ent ha•s previously stated that it taas desirable that i'acilities oz this sort shauld be concentrated on Stevens G2eek Blvd. between Blaney Avenue and Highs�ra�r 85 and perhaps a smaller area south of t'ne Totian Center on Iiighway 85. The Planning Department re- commends against tha.s a}�plication because �Che noise, etc., could detra.ct from development of a first class commercia� district in this area. Comrt�. Horgan comn�ented that he was sarry the "quaint English Villa�e" �Tent doim the drain. I�Ir. Meyer explained that this proposed Firestone ; store i,ri.11 become a part oz the Safe��ray, Crocker-Citi2ens, etc., complex. It will not e:�tend into the En�lish village area. Mr. j�larner t�lilson said the Firestone store will be in front o� the site o� a junior department store. He �eels that since this type use is founc? acros.s ttZe street and another down the�s�reet, that it Vrould be com�atible. He said the En�lish villabe is�t,.o be built around and in baclz oi' the e.�istin� old house. It was neve.r contem- plated that they ti>>ould pu.t English style structures arpund the pro- pose�.Firestone building location. Comm. Bryson said tizis is commercial zonin� and this is a neat � operation. Further, the type person t�rho ��ill deal at thiu store will not c�eal at a discoun� store. Chair�.an ��irshon c�oes not feel this proposal ti�rauld be compatible with � the City's plans for t'nis axea. Conun. Hor�an aareed. . . -6- r PC-R20 Minutes of tne Oct. 2�, �g66 Planning Comrnission R�eeting Pdr. Rick 1�nderson, of Gunn-I��Iiller Realtors, feels the need �oes hand in hand with the use. Fires�tone ha�s evidentally made a survey of the area and must feel this type operation t�rould be a success in - �his location. i�Toved by Comm. Frolich, seconded by Comm. Horsan, to close the First Hearir�. AYES: Comm. Bryson, Bu�henuth� Frolich, Horgan, �iirshon 1VAYS : None P•Zotion carried, 5-0 VII UNFIl�?ISFTED BUSIN�'SS -- There ti�a,s none. VIII NEW BUSINESS:-- There was none. IX ADJ OL'rRNMENT Moved by Comm. Bryson, seconded by Comm. I�'rolich, to ad�ourn the meeting at 10:30 P.M. APPROVED: /s/ Jac'� Hirshon Chairman ATTEST : . .. . ' :...� ::-c-.._ �' �.,� , ,_+ im Nuzum, r`�ssistant Planner t � � M i � _7_