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CITY OF CUPERTINO, State of California
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10300 Tcrr.e Avenue; Cupertino,' California a ,f
Telephune: 252-4505
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MINUTi7S Or THE REGULAR MEETING OF THE PLANNING COMMISSION HELD
APRIL 12, 1971 IN THE COUNCIL C11AMBER, CITY HALL,
_CUPERTINO,;.CALIFORNIA; ::i;..•r; ;: rra ;,,r:t;iti'.+.`i .I
t
Chairman. Puetz .called the meeting to order;at 8:00, p.t4.,;and led„tfie••,: i r"^"
assemblage in a flag saltlte. }
ROLL CALL ' Roll Call
Commissioners present : Irwin, Meyers , Hirshon, Buthenuth, and
Chairman Puetz
Commissioners abse.-_c: .,None ++
Staff present City Attorney Adams, Planning Director. Sisk,
Assistant Planner, Cowan,.:Se:iior .Engineer•;AkErs„j
and Recording,.Secretary. Lois Inwards;,-,,.
SELECTION OF CHAIRMAN AND VICE. CHAIRMAN ,,,, , ,,,.. _ Selection of
Of f icers.”.
It was moved by Coumissioner Meyer and seconded• by Commissioner
Buthenuth to select Commissioner Irwin f.or Chairman of the Commission. � •
It was moved by Co=issioner Hirshon, and seconded by Commissionerp:*•r.,:.;.
Buthenuth that the nominations be closed.
AYES: Commissioners Meyers, Puetz, Hirshon,.,Buthenuth .,
NOES: None
ABSTAINED: Commissioner Irwin
Motion :tarried, 4-0
It was moved by Chairman Irwin and seconded by Commissioner Hirshon :
to select Commissioner Neyers for the office of Vice Chairman.
It was mcved by Chairman Irwin and seconded by Commissioner Hirshor.
that the nominations be closed.
AYES: Commissioners Puetz, Hirshon, Buthenuth, Chairman Irwin
I s,
.NOES: Nine. i
ABSTAINED: Co�m.issicner Meyers
i g
Motion carried, 4-0
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,,;X73 � at J Y'�-q• Ay� ?;�ii,,,,
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Page 2 Minutes of the Planning Commission{MEeting; April'12, `1971'T
!Outgoing Chairman Puetz relinquished the Chair to Chairman Irwin.
iChairu•.an Irwin stated that Chairman Puetz had handled the Chair very
well during the past; year.
J
APPROVAL OF MINUTES: Minutes of March" ', 1971
Minutes of March 22, 1971
Minutes It was moved by Commissioner Puetz and seconded by Commissioner HirshoA
Approval to withhold approval- of the'Minutes of March"8,'`'1971''until"the
Postponed ;Commissioners receive copies of the. subsequent' corrections.,
(3/8/71) t
Motion carried, 5-0 ,
7...,.. . ..l :r.
!City Attorney Adams had a correction to the Minute's'of'March '22 r.pa3e '3,
,paragraph 5 as follows: ". . .situatir:n ;L!question, if a sale had been..,
imade and if each purchaser was bona t) and innocent." :• '
Commissioner Puetz called attention �to a -typographical error on page 4, ?
!the last sentence. The word in 'ques'tionsiioul'd be "reviewed".
;iinutes It was moved by Commissioner Mi-yars .and seconded by„Commi.ssioner',Hirshon
Approved to approve the Piinutes of March 22, :L971 as 'corrected: ,.
(3/22/71)
Motion carried, 5-0
POSTPONEMENTS, etc.
Director Sisk requested continuance of Items 1 and 2 (Applications
17-M-70 and 3-U-71) until` the meeting -of April '26." '�dtien'+Commissioner;, a
<<,
'Buthenuth questioned the necessity of another continuance,':Director <<
:Sisk said the attorney for the applic.anL had not -beeen`able'°to 'obtain
ithe necessary signatures. There was some discussion about taking the
lapplications off the calendar until ehe' applicant was ready. Chairman
llrwin asked whether another fee would have to be paid if this was 'done.
The City Attorney felt that enough progress would be made on the matter s
!in the next two weeks that the application would' be ready to"be•'heard'
!at that time.
17-1i'1-70 & !It was moved by Commissioner Hirshon., seconded by Commissioner Puetz
3-U-71 !to continue applications 17-TM-70 and 3-U-71 until the next regularly'
Continued ischeduled meeting, with the proviso that the applicant will be notified
(that this will be the last continuance.
Motion carried, 5-0
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Minutes of the Planning Commission Meeting, April 12, '1971 'p(,-' Psge' 3,"
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WRITTEN COMMUNICATIONS -- There were none.
,
ORAL COMMUNICATIONS
1. Mr. Samuel. radlyn„.22344 Riverside; Drive:,; Cupertino,<.stated Mrs. Kester's ”
Mrs. Kester- was.- granted. a• Use" Permit: on. May.;26;,'1969: to `allow 30 Horses,,:rt
horses, on her property.:;..Since that, time,,, Mr., Bradly.n; said; he has ' {
had to call the City.,numerous times,.because she-!had;,not; complied
with the conditions placed on her U:ie,•Permit, `specificallyi #1 and
#5. Condition 1 concerns removal of manure and Condition 5 relates �€
to the 100' buffer strip between ;the: property-.line; and: the-,pasture. a '
Since the Use Permit was granted,. part of, the,,13 ,acre .j•has;been ;
changed to R1. Mr. Bradlyn. wanted to,•know.,whether,. or not-,;anything
is going 'to be done about the non-compliance•,of the conditions of
that Use Permit. He felt there were presently 14-16 horses on the
property. Director Sisk pointed out: that perhaps this is more of
a health 'rroblem. than a, zoning problem. :;, •, , ,,,;f�;, ;,;::'i
To Chairman -Irwin's question, Attorney Adams replied that there' ,
are teeth in the Ordinance to rectify this problem. At the time
the Use Permit .was granted the Plar!raing. Comrission-;ehose.,not to i
revoke the Permit but made some. modifications ;to it.. Whettier or
not the property owner '.requires ,a Use :Permit; is "horsel,of another
color". Perhaps a little research on the problem;,istin order. To
reiterate, the City Atto:rney said: "l. Yes, you have the power
to revoke the L'se' permit , and 2. Whe�her or not this is a pre-
existing, non-conforming use must, be researched..". ., i,,
Commissioner Puetz asked whether the:, 14-16. horses actually, belonged
to Mrs. Kester or if they were boarded there. If it, can :be, proven. .
that she is boarding horses she needs a Use .Permit..
Chairman Irwin said this was a valid complaint and he would like' to
see the City Attorney and the Planning Director find ,out exactly.. ,•.,.
what the position of the City is in this natter.
Commissioner Hirshon .cautioned that Mrs. Kester was not present and1
the Commission needed a chance to hear her side of the story 'beforel
making any decisions. He felt the staff should look into the matte
i
without making any decisions until tier side of the story. has 'been
heard.
Commissioner Meyers asked what ;oould happen if Mrs. Kester is not
complying with all conditions of the Use Permit. He was. in.formed
that the Use Permit could be rescinded. It was further noted, that; :
under the Non-Conforming Use Ordinance she could still have• her
own horses without any restrictions..
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Page 4 Minutes of the Planning Commission Meeting, April 12, 1971 : ' 1
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PUBLIC ILM- INGS
17-TM-70 1. Application' 17--:M-70 of, Fr,anchi.ae-'Realty•£Irite`rstate -Cocpor�ation
Continued for Tentative Map 'to divide 4.7-'acres''into'? two,parcel`s "Said
property is• located• at' the southwest' "corner. of`'Stevena,;Creek.
Boulevard and Portal Avenue in 'a CG':(Gen'eral''Commercial)t"zone.
First Hearing continued.
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3-U-71 2. Application' 3•-U-71 'of Franchise' Realty''Interstate,',Corporation
Continued .for Use Permit to allow construction and operation of 'a
McDonald's 'carry-out restaurant at the southwest corner�'o'f
Stevens Creek Boulevard and Portal Avenue' in a''CG'°(General'
Commercial) zone'. First Hearing continued
The above mentioned two applications have been' ostponed 'unt l`"the"next
regularly scheduled meeting. "•
8-U-71 3. Application 8-U-71 of James W. Loughliia� to`•'allow''the"defer=
ment of thp, requirement to underground 'utiliities;''at southeast
` corner of Riverside Drive and Stevens` Canyon' Road;;?
R3-2.2 (Residential Multiple-family)'-zone. 'First'He'aring:'
Discussion The Planning Director showed slides of subject property: •Chairman'
Irwin commented that the applicant would have to -make provisions for
undergrounding the utilities at such 'time as' the property-i's'•'developed.
Discussion on Condition 15 followed. : Chai man Irwin suggested°;'this
application be put forward to the `next' regular meeting' sinc'e"the'£''
applicant was not present.
Commissioner Meyers asked the City Attorney what would happeri1•to'=the
conditions placed upon this application in the event the property `'is
sold. Attorney Adams pointed out that the property owner would not
necessarily be obligated to join the utility district.
Commissioner PUetz noted that all new developments are required. by
Ordinance to underground the utilities and felt Condition 15 should
remain. Commissioner Meyers felt that perhaps posting of a bond 'for
this purpose could be in order. The City Attorney indicated he Mould
like to pursue this matter with the Planning Director tiefore' �3'decision
is made. Commissioner Meyers noted that the plot plan 'submitted:"'
looked like the one previously turned down by the City Council.-";`f1�
8-U-71 Moved by Commissioner Meyers , seconded by Commissioner Buthenuth`to
Continued ( continue Application 8-U-71 until the next meeting.
n
Motion carried, 5-0
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Minutes of„the, Plann3 in+g 3 Cao. .m..i. ssian,Neeting,,Apri-lI 2,;;1971 c ,H `Page.•5: o
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A. Application _5?-TM--Zli-of;iost,erlundi,Enterpri`ses ,eo,-ad•jus,c-i the•
5_x_71,"'F”
Property,,.:]=fines, of L'o.ts.:42,•..arid! 43;jiTzact�:335'41, :l'o'cated adjacent:;to•and:.westerl'y::of, Lindy;Place:•;::approxi mate ly-a
200 feet,,south: of•:,intersection,<of:'Lindy)`L•anel'and-Lindy)
Place,, in an R.1r10 ,(Resident ial..Single-.Family)Iizone
First Hearing. -; i ,l .'•t:. ' ,.H' :) t `r,s'
Director Sisk reviewed 'the requast,,submitted,,to rthel Planning. ? : si-,i Discussion
Com:,ission. tie explained that this -would give the)ipropertypowrner=:7
a little more room in parcel 2. Commissioner Buthenuth was, con-
corned about: access• to the property. . The:•Director said; access'll
would be gained via an existing -driveway:.:;;;The appli:cant)was-,no't ^o
in attendance.
Commissioner'Puetz was concerned about the size of the pad.
Assistant Planner Cowan pointed. out the reason.forithe application)
,_ ;:i
was to increase the size. of the.pad.: i
.l
Moved by,Commissioner. Hir.shon,, seconded;-by. Commisskoner.,.Meyer s-.to,. ' Public Hearings
close the Public: Hearings. ;:,;: '.1 ?•?'i Closed
Moved by Commissioner Hirshon, seconded: by.„Commissioner;Meyers;,.r _ ;•' 5-TM-71
that application 5-TM-71 along with the 14 Standard Conditions Approved
outlined by the Planning Director..•be,:appr:oved,. ': t
Motion, carried, S-0
5. Applications 5-Z-71.and 5-TI17 71. of, Wilbert, D-.;;S-ilva f.or:; ,q 5-Z-71 &
rezoning 1.22 + acres, from A1-,43:�(Agr:icultural7-Reside_n.t;ia1;; 6-TM71
Single-family one-acre lots). tor'R1-7:5: (Res id.entia,-1;. j_ngle,-'
family 7500. sq. :ft. lots) , and Tentative Map to divide
said property into three. parcels. ' Said property: is aoeatedl .
easterly of and adjacent to Bubb Road, approximately,20C ,-_; I i
feet southerly of the intersection of Babb Road and Krzich
Place. First Hearing. -
The Tentative Map was displayed on the screen. In addition, the Discussion. 3
Planning Director showed slides of the property and surrounding
area.
Moved by Commissioner PueLz, secoude.d by commissioner to discuss Combined
applications 5-Z-71 and 6-TM-71 together since they concerned the Discussion
Motion
same property.
Motion carried , 5-0
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Page 6 Minutes of the'Planr.ing Comm 'ssinnjMeeting Apri1�12`;'1971
Discussion Mr.; H'. ,D., Silva, ;11234. Bubbi R'oad,, Cu per tino',V-s•tatedt•he' 'tad;. applying_'foa::
the lot, split and .rezoning.` He•,would' like`,to"ded"icat"e%,eome_:of' the
(property back to,;the� County.,; He.•sai'd:•the-,County- is"''willing`to,..= a in
i anal clean up the area.t .He, pointed, out' this'his homet'ie (on.' Parcel ,A;
;Parcel B contains an existing residence; '•and 'there° are) frut trees:on
(Parcel C. He has no plans at the present time',tfor dev'elonng Parcel C.
lit was pointed out that in the southeast portion a small section was
left over when Bubb Road,was widened . Zt,may'be'dedicated '.back''to'
I the property owner.'
.Commissioner Hirshon asked-Mr. Silva if he'wanted to'•bet-able Ito''bcild
on Parcel C. - Mr. Silva' said this was true.
Chairman Irwin was concerned about the flood control on both banks.
(ECommissioner Meyers' asked if the applicant was aware -of! al1; the
conditions placed on this application- Mr. , Silva wantedjto discuss.
these conditions. He stated `the curbs, etc. , are already completed.
Parcel B has sidewalks,.'., Parcel C was. in question.!:'Director+ Sisk??^
,informed the Commission that the Engineering?Department:has'been>i.)
;accepting bonds to ensure that all the conditions would be met. The
'street lighting is already in.
!Mr. Silva questioned whether •Condition U9', ..the:UndergioundUtility,
:Ordinance would apply in this case since all the utilities in the =
area at the present time are above ground.,- The-Plannitng Director
nted out that this is an Ordinance of the City. If there is a
1pOl
problem later, the applicant would have to come back in for a Use
Permit. Commissioner Hirshon proposed addition 'of:.a- clause: ,"..or
la bond" to Ordinance No.' 331. The .Director stated :that,:this provision
is already built into the Ordinance.
Commissioner Meyers indicated he was in' favor cI• Condition 2., and
that placement Of the sidewalks should be worked out'.-: :
Chairman Irwin asked if there were any comments from .thelaudience.
There were none.
Public HearingsfMoved by Commissioner Puetz, seconded by Commissioner Meyers to close
Clcsed ttae Public Hearings. a
Motion carried, 5-0
't
5-Z-71 Moved by Commissioner Meyers, seconded by Commissioner Puetz to
Approved recommend approval of app,lic.a.tion 5-Z-71.
! AYES: Commissioncrs Puetz, Meyers, Hirshon, Buthenuth, Ch. Irwin
NOES: None
Motion carried, 5-0
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Minutes of the -Planning Commission t �• '"'� 1Pa e'�`7 ���`
Meeting, April 1?
, 1971 x
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Moved by Commissioner Meyer, seconded by Commissioner Puetz, to.
recommend approval, of application 6-TM' 71'witti'' the'1:4Y S.tanda`rd�.. y 'Approved.
Conditions and• Condi;Lion 15`as� recommend'ed'by! they Planning
-r vi ILI
Director.
AYES: Commissioners Puetz, Meyers, Hirshon,' Butticnuth`,"Ch'.1-twin'
NOES: None
Motion carried, 5-0
6. Application 6-Z-71 of Jason Chartier for-pre,zoning"'a�'`'?''•' � 6-Z-71
approximately 1.55 acres from County' CG `(General`""
Commercial) to City CG (General Commercial) , located
sotitherly of' and adjacent to Homestead' Road', 500
feet westerly of the intersection of Homestead Road-`L.D11
and Stelling Road. First Hearing..
The Planning Director referred the Commi,ssioners' to''the: staf'f�I Discussion
report on this application. He pointed out there is a storm drain
facility on Fomestead Road to service' this'property:'``Ther-Couniy`a"�
in 1969 asked the City's opinion` on the zoning'.' ' The'City 'a't-f that
time expressed opposition to Commercial zoning•'on this property:
Commissioner Buthenuth noted that the plot Dlan' indi.cated approxi- �
mate!%, 200 feet of PG&E propert ''which is located''between-'`the=s`tree
and the prupctty.
The applicant, Mr. Jason Chartier, 1.627 Hollenbeck''Road', •Sunnyvale'•,
stated that this property is about 1_00 feet from Stelling Road.
Newton and Tucker Associates had acq d uired this 'property' but �cotil'd
not acquire the Lands of Lopin. Mr. 'Chartier :said' he••ha sold
the property to Newton and Tucker. He bought` it' back':; -Preseht�c�' ,)
thinking is to erect an office complex on parcel' C`.' 'Their aiml i's?`=
to have all three parcels developed so they seem as one development.
Mr. Chartier's present business location is in' Rhonda- Va'11ev.r. ,1r' '
Shopping Center but he'plans to move to parcel C. lie is'aidt "If•:.'' 7
we do anything on the property we wj.11 come to,the Citylat-that
quired the remaining parcel.''
.ime. In the last six months we ac
Since then we sold parcel A. We have had an offer on'parcel B that ;
has been ratified sub'ect to the seller's approval."
Mr. Chartier agreed with the Commission that there.'is a lot-of
undeveloped commercial property in Cupertino. He said they-have: -'
plans to build a unique structure that will tie parcels A, .B and C
togethcr.. They are vitally concerned. since they plan to occupy.
parcel C. He added that they have ben paying Commercial taxes ri
on the property. He pointed out that they can buiid' in the.•County
now; the only question would be the store drain. ` As tothe�Lands:.:
of Lopin, i`Sr. Chartier said Mr. Lopin has no plans: to sell his
property.
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Page 8 Minutes of the. Planning 'Commission Meeting,,,April 12,. 1971-,'
Discussion :i.:••.•,_ ,, �� ;
Mr. Chartier, said a, self--contained, scuba diving school.and retal7.,
store is glanned� for, parcel ;8.r;.,He, plans! ta`,dEVelop3 paXCele,�3 atuE;G
together. it is presently zoned CG in the 'County. ;Q ,;•, ;7
Commissioner Hirshon asked if;they,had considered.multiple dwellings
gather than commercial" for this property-. Mr. Chartier ,pninte4:o '
that he purchased the property on a commercial basis. It was pre-
viously zoned multiple. It was economically feasible to acquire the
property in the back.
Commissioner Meyers commented that ,there are 67 commercial•,properties
now available in Cupertino.
Mr. Martin Hall, 1627 Hollenbeck, Sunnyvale, stated• he,*was.an
associate of Mr'. Chartier. He reviewed the,.zoningof„ the surrounding
properties. The property directly. .cross the• street,,:in.,Sunnyvale,
is commercial. He said they were willing to bring this property ”
,
into the City of Cupertino, but,were not awarei,of,.the, new Ordinance,
(Commissioner Meyers. asked about the PG&E properay., _11F, Hall said,
there was 30' of driveway between parcels A, and.B,,.leading. to,Eparfcel C.
In addition, they .have received tentative ,permission :to• gain,,acS ss to E
parcel C through the PG&E property.
AMk
Commissioner Hirshon asked the City. Attorney about annexation„of,,. _,
lands with prezoning. Attorney Adams pointed out. that, in situations
I like this, if the applicants'-don't .annex they don't get the utilities.
This lever has been 'used to control things. ' ;_,.t..; �,i
(Commissioner Hirshon noted that at 'the time the.,propertytiniquestion
(went before the board of. -Supervisor:>,. .Cuper.tino's opi_r..ion was'_
asked.
Cupertino's position at that time was to recommend Commercial zoning
not be granted to this property.
iChairman Irwin considered the alternatives of recommending-gr,"ting-
the application along with the conditions and .contro. lst,or not granting
the application with the possibility.that, the app licant .will. g`6 ah'ea'd
and develop the property according r_o the .Gcunty'.s ,standards. He 1
also noted, as far as spot zoning iS concerned, that wee presently,
( have service stations in the area.
Commissioner Hirshon was concerned '_hat a precedent would be set if
the above-mentioned rationale is used. Cha'_rman.,Irwin 'felt the.'City
would actually gain if the property were developed: under City rather
than County standards.
The Planning Director stated his department would not recommend'com-
mercia.l zoning here on the basis that it is not in accordance'witii
the General 'Plan.
;
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�' it .� .y':1' P?. '? r�`\I S ''t 9s`,•c y�,�r t c'y} o� 1F r. � P•w< se x��''L3r•���o�;e;
' ? � r�.�, , �nl:�'a � .�'* )� ,.4k{' i�° t.v '�: Y `L'y a � .l"�a! -•ui
,� Page
Minutes of the Planning Commission Meeting, Ap ril 12, 19 7 1 } ;.
l '.�. i+i , - 1• • f i. ;f.;?"•t:i J',.3 jf+},•SiT..y.. C+ 1: L{/ U �.S.1It
Commissioner Buthenuth said he would like to see a development plan Discussion
on the property;before�'the--Tssue-is resolved:a There are.-'three'parc'eYe, . �• "
here.and there could,..developea.parking ::problem Off'the i.parcelsitarel*,'J"•.;
not all-tied together.
Chairman Irwin reviewed the alternatives; 1): Recommend denial3!of: •10 Alternatives t
the application, or 2) Accept. the .property for prezoairig,' thereby
having it developed in accordance with City standards.
Commissioner Meyers asked Mr. Chartier if--lie would' withdraw.-the.
annexation application_,if this ,application,were denied. :; Mr:. •,.: ' ''''• j
Chartier said he would have to discuss the matter with hisipartnerid.i
before making any decision. The development in the back would be
for his use and the development in front would be'.very• important: is ii'
to him; he doesn't -want something in, front :that' w.ouldn':t fit;;in.,
He said interest rates have decreased and chances' for development;'"'
look good now.
Chairman Irwin asked Mr. Chartier if- he, would- be amenable -to: a. 4;
condition of a development plan for all three parcels•:ifi :this
application were approved.
Mr. Chartier replied that he would be amenable -to a condition of
a development plan for all- three parcels. if •this::application.were
approved. r;
Commissioner Meyer was concerned about the checkerboard pattern
of jurisdiction of the properties in that area. F
Mr. Hall said that if the Planning Commission rejected this: appli- .,.A
cation they would be forced to go the the County. He said they
were asked by the City of Cupertino if they were interested in
annexing. t
Moved by Commissioner Puetz, seconded by Commissioner Meyers-, to
Public Hearings
Closed
close the Public Hearing.
1
Motion carried, 5-0
Commissioner Puetz requested a statement from the City Attorney City Attorney ;
as to conditioning zoning. Attorney Adams' said it was his opinion• Opinion on �.
based upon what he has heard at the League of California Cities and, . Conditioning of ;
other meetings that you cannot condition zoning. However, you can, Zoning
through the Architectural and Site Control, regulate the develop-. , ;,
ment of the property. c
Commissioner Hirshon asked if his opinion would be the same if the
applicant agreed to go along with the development plan cond.ition,. , ;
Commissioner :Meyers said they had already conditioned the ,sald of..,. a
the property. Commissioner klirshan felt this was not a suitable
area for Commercial zoning and noted that the General Plan recom-
mended medium residential here. z,
.. 1
E
;.',`^tK,::ybt�s �'•�kyi;v�"S.��r i r� a;dl�iir�� tip°��"i�',��'';�4 hk 1:��, '��r J C�� �r'�,yk3:'��.,4 d 1�," _{��^� kKy;: �.. �' ` � `�t`� .2� r
. !� •.�.,r_, r.r.,y. .d::.!,� t ;.F;;.:�}"C` d}'J'• ,y ,...'Ps�' ia' +�f-'�_••j"�'jn b r,�,s" 4.
i .�. 1sh1 „ 1' t•�: }r r.i ii
V ,r ?
Page 10 Minutes of the Planning Commission Meeting, ,April 12, 1971
Moved by Commissioner;,11irshon, seconded by Commissioner-lButh
6-Z-71 enuth• t�t
Denied ' recommend denial.of ;this:applicat:ion and to further.''recoa�aiend'�'thffit,lil ;
ithe City Council initiate proceedings to prez one ahe;:pr'operty•sias•. `1rt3 _y
accordance with the.Cupertino General 'Plan and request that the Board
of Supervisors •change the zoning on the!property''-to`conform with the•
rezonin of the City' of, Cupertino. ''"'t "'' '� '' `i'''.
Relative to the storm drainage question, Commissioner Puetz asked the
City Attorney if the property owner could'take legal;A6tion'tagailist"=
the City to gain use of- the storm drains. ' The-City, Attorneylsai:&!1';;,
they could not.
There was. concern that the applicant. could Igo to the' County •the ifI
lowing day and get a building permit .' The Planning Directors said' the
County would be informed of the ,Flanning Commission'sf-acttbn the :; ="
following day and they would also receive a copy of the,Resolution':.'
AYES: Commissioners• Puetz, Meyers, Hirshon, Buthenuth`''
NOES: Chairman Irwin
Motion carried, 4-1
!The applicant was informed that' he could. appeal•r the!tPlanning"->;-:1
Commission decision to the City Council by writing the City Clerk's'? .
,within five days.
Chairman Irwin called. for a `recess at: 10 P.M. Meeting reconvened
at 10:15 P.M.
• , 'rr!_ `�'. �.i;j'J,c.Vii. '�� -,
9_U_71 7, Application 9-U-71 of Mary V. Brancati, Richard G. M fetich'f'
and Michael A. Darrin for Use Permit to allow the existing
I garage to be used for tempo;cary storage of glass materials
and conducting of a subcontracting business'. •S'aid 'property.-.
is located at 20240 Stevens Creek Boulevard on the' south'_-`;:. ,
side and approximately 900 .Eeet east of Saratoga-Sunnyvale
Road, in a ° (Planned Development) zone. First Hearing. R'
Director Sisk referred the Commission to the staff report.
Applicant' s IMr. Michael Darrin, 1147 Lynbrook Flay, San Jose, informed the Com-
Report mission that he and his associates were renting subject- property"on•ri a`
la month-to-month basis. lie said the house and ail 'buildings' on the`
prooert,: are vacant at this time. They want to iise" the 'g,arage{'-for"'
a wholesale glass and glazing business. They will store, material's'',"
hand will have a phone here to talk with contractors. They will also
some prefab work (construct windows) inside the existing garage':_=: f
'r,.
j The rental agreement provides that they will take care 'of''the ya:rd;1'' h
If lowers, lawn, etc. a •; :,ri.;
'i
3
i
...ti\t¢ y � A�,L w•:p , r 4 T'� .u,1�; i
'S"v"}s�>.'•Q',W;T��^,+t a :'}�9T{, v ya�ytk5,,\�Y�jti3�i�as`n .f j`!�' tiiJ f {,Vt,,, rK�n'+r: `f'i 't"�T" `�1$�.'y,:l'+P'n 4iN.x +�'' ..� n` \ .t`ifs t ?+(( : k•`..
:tr4't
� . \., �� lt6` ;tt f VS, -.SMvtfj A"� t���'• "M �a i4 �'T., C
i� f t t � �y��,itt� � Yt3��.". � •
Minutes of! �
.•the Flanninp _Commission. Meetingp ,.4, r.il 12-,".,19);1
lt:. .. .+j:(,: a'f�.. Q ., lv; .! `,�:../+. o'� — ..r>c ry .,.a.la ,.tfaJ ��f 8 ., 1."•.+;� ,�f
Commissib.nez :Buthenuth',asked.)how.many :people,would be working A Discussion
there. 't Mr. Darrin said there would be�two, people, working�,fortilzar
them in the field and that only two people would work on the G
property, which would only necessitate two offs.treet ;parking ;
:r:� 4
.i i
spaces.
Chairman Irwin asked for comments from ,the, audience. . There were
none.
Moved by Commissioner Buthenuth, seconded by Commissioner ,Meyers public Hearings
to close the Public .Hearings. ! Closed
Motion carried,' 15-0
Moved by Commissioner 'Buthenuth, seconded by Commissioner' Meyers.,�;: 9-U-71
that application 9=U-71 be recommended for approval with' the Approved
condition that all storage of maLcrials will be inside the buildin .
AYES: Commissioners Meyers, Hirshon, Buthenuth, Chairman`Irwin
NOES: None
ABSTAINED: Ccmmissioner Puetz
*lotion carried.. .4-0
...i ;: .. . :1 r:,pis er
8. Application 10-U-71 of Edward Yamaoka for Use Permit - +10-U-71
to allow the operation of a Figure Salong contain?ing;'` . � !
2,000 square feet, with reducing machines, massages . "
room and sauna baths, at ,191565 Steven s.:Creek ;Boulevard'
rr
on the north side and approximately 500 feet ',east''of
1_ - ii •.I,., r.f.
Portal Avenue, in a CG , (Generat..Commercial) ,zone.
First Hearing.
{
The Planning Director showed transparencies of 'the proposed"floor !Staff Report
plan. Noting some of the problems in other area__ Chairman Irwin ®�
asked if the City is planning an Ordinance regaiding massage t
parlors. He was informed that therm is nothing Fending. '
Mr. Roger Christianson, 1696 Dan Ro.,ias, San Jose, said he repre- ;Applicant's
sented the applicant , and that the Figure Salon would be for Report
women only. There would be no babysitting facilities. Hours 1I .
would be 9 A.M. to 9 P.M.
Commissioner Pue'tz reminded the Com.,lis,sioners that they had all !Discussion
been invitcd to a health spa in Sunnyvale so they could see how I
a business of this type is run.
Commissioner Moyers asked that the Commissioners be shown an
updated floor plan.
2 Ss,
`.r
+a.� -;'.r. •rit ? : +.a x}1Ktyr 'lti
i ". �" ^..� i '`Yy3�^ ,,'fl'`i > ;a.}1 a "•4T�S 11} tyy'��a•{,�4`,r,a?;�1Fl Y� r yYq�i�llif�U�'4'r't� wa rV��C�,h h� �`,y¢S.,�i rir^{�h�`�"rt X73:'} <'"+�••'`�'�ltfiM� 'f:;•r/
_ .is
page 12. IMr. Christianson said they will' have two or thre'e' employ ees
"location at all times. Commissioner Meyers noted that the off street r
parking areas in this shopping center needed soap revamping and r �;
cleaning up. 'He `sugges'ted";all`the a enters'inr 'that";coimpilex `get
i r ! L'! a r,.I :,,t� P. ,1 t ii_
lgether 'and clean' up the area.
jl
Public Hearings;Moved by. Commissioner Meyers,` ;second'ed''by Commissi:oner'Hirshdn,to�;
Closed ;close the Public Hearings, r'
Motion `c`arried,5-0
10-U-71 Moved by Commissioner Meyers, seconded by Commissioner Puetz., Ito
, t,
Approved recommend approval of application lo-U-71 ,wi'th the condition's`as `
!suggested by the staff and the additional'`con'dit'ion'that the"parking
;delineation and plaza itself ,be upgraded to the satisfaction of the
1
;City staff.
(AYES: Commissioners Puetz, Meyers, Hirshon, Buthenuth, .Ch.� Irwin i
NOES: None i.• ; ; 'r, :,
Motion carried, 5-0 ,
UNFINISHED BUSINESS
GP Review
�1. Director Sisk distributed •copies of 'a memo he wrote to the City
Manager regarding a work schedule for the General Plan review. .
Y .• '1n*
Town Center f2. Director Sisk reviewed the 'present ,pattern of`development, the jF
Review Town Center and asked `the `Commission'that inlview,•,`f, "pending
applications which are not in 'conformance with;the original plan,
if it would be in order to review and possibly update 'the plan.-,
He felt that input from' the 'Commission- in this`.;regard`';would help
him with his counseling of applicants. ' After 'some d.i'scussion,
the Planning Director was asked to explore' the'matter'ifurther
with the property owners.
NEW BUSINESS - There was none.
REPORT OF PLANNING COMMISSIONS - - There was none.
[REPORT OF PLANNING DIRECTOR i
i
Planning ! Chairman Irwin said he would like t:o see the Planning Department be
Meetings ;more offensive than defensive. He proposed that one out- of- every',
i
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