PC 07-05-57
.p. o. Sox 597
P LAN ~ !.N G . COM M ~ S S 10 N
CITY OF CUPERTINO, CALIPORNIA
MINUTE3 OF THE REGULàR MEETING OF THE PLANNING COMMIS~ION
JULY 5, 1957
Al 2-4505
Plaoe: Cupertinp Sohool, Teaohers Lounge
'l'lme: 8 :00 P .M,
I ROLL CALL
Commlssloners Present: Bell, Call, Leonerd, Myers, Neilsen
Commissioners Absent: None
MINUTES OF THE PEVIOUS MEETING ON JUNE 21, 1957 were read; the
following correction was noted: Item V-B-Page 3-Llne 4, insert
"parklng" before "lots" and "both north and south" after "lots".
II COMMUNICATIONS
A. Written
1. Santa Clara County Plannlng Department
Summa.ry of meeting of 6-19-57
Agenda for meeting of 7-J-57 - Chairman Leonard noted that
there is a batch plant proposed at Lebanon Drive ln Monta
Vista.
Announcement ooncerning "AlP CalChapter News" (SC &
Alameda Counties)
2. League of Cal1fornla Cities
Los Gatos meeting 6-l8~57 Live Oak Inn
News letter of 6-24-57
B. . Verbal
Commlssioner Bell reported that Mr. Charron has submltted a
plot plan and he would like an exact buildlng line,
Chairman Leonard referred this matter to a later item on
the agenda in which street widths on Bl?ney and Stevens Creek
would be discussed,
III FIRST PUBLIC HEARING
4nthony Caires. Request for a use permit to operate a motor tune
up shop in a C-l-H zone corner Stevens Creek Road and Bianchl Way.
Chairman Leonard invited Mr. Caires to explaln his ap"llcation
for the beneflt of the ?lanning Commlssion and two members of the
Cupertino Union Church. He noted that one letter of protest had
been received.
The City Clerk read a two page letter in which Caires stipulat.
the oonditions under which he would operate this shop. Represen-
tatives of the Church appeared satisfied and stated that they were
not present to protest this particular application but wished
protection against possible future uses by someone other than
Calres.
Commissioner Bell read the Bianchi letter of protest which
lncluded his deed restrictions prohibiting commercial use in this
area.. Mr, Caires stated that the person from whom he bought this
property indicated that those particular restrlctions were super-
seded when the property was zoned commercial,
Chairman Leonard described the parcel as about 65 feet deep
by 185 feet wide, Bianchi owns the aext lot with 160 to 200 feet
in depth, The C-I-H at this point appears to be 200 feet deep.
In any case the whole lot in question is zoned C-l-H antedating
inoorporation of the Clty.
Attorney Anderson said th9t zoning takes precedence over the
deed restrictions. He said that Bianchi may have rights in a
civil court but that is a decision which must be rendered by a
jUdge in a qulet title or injunotive proceeding. This commlssion
should confine itself to the equities of a use permit. he said.
Mr, Anderson noted, as stated in the deed restrictions, that Mr.
Bianchi does not waive subsequent rights by failure to exerclse
these restrictions at any particular time.
Mr. Caires said his garage faced north, forty feet from the
boundary line Of the church property.
Commissioner Cali said he received a telephone call from a
Mr, Williams, next door to Caires who wishes to go on record as
not protesting the application.
Other informatlon developed at the hearing indicated that t.~e
C-l-H zonlng enðs 200 feet east of Stell1!1~ '"'' S':¡;;"Jen", '"~'
The lngresE1 ',,,::,' !'~·".''''''s rights att&ch-=1 t:. ),':'. .> .~:..- .
deed show Blarwhi W~cY as a legal right of way. :;. ~ v..', ': n': bJT
Commissioner Bell; seoonded by Commissioner Myers, lU .1 5 - 0,
that the use permit be granted subject to the follow~. .ùnditi
-2-
Use permit not transferrable~
Caires permitted restricted use only (as sti~ulated in th~
conditions submltted wlth Caires applIc2t1onl.
Use shall not require additional buildings.
Use permit to be renewable at no cost at the end of the
flrst year, Renewal not requlred thereafter.
IV UNFINISHED BUSINESS
A. Further consideration of sidewalk policy on the proposed Kyne-
Cummings subdivision in the dell along Stevens Creek Channel,
Commissioner Bell s'?ld that he has noticed the City of
Sunnyvale is requiring sidewalks in a similar spot,
Jack Fleming said that Mr. Kyne is inclined to believe
that a better clientele preter houses without sidewalks. He
also sald that sidewalks may induce addltional costs which
will make sales difficult. In general discusslon it was state(
that sloping terrain in the hollow makes yard grading steeper
and less satisfactory 1f a level sidewalk 9rea must be main-
tained ten feet ln from the curbline.
The street pattern generates no through traffic; and there
is not the normal need for a sidewalk as a safety measure in
keeping the children off the streets.
However, the Commission as a whole favored the use of
sidewalks as a policy,
Moved by Commissioner Bell that the subdivision mav be
built w1thout sidewalks and vertical curbs. Kvne & Cummin~s
to be so notified; seconded by Commlssioner Cali, carried
S - 0,
B. Further consider"tion of sign ordinance factors.
Commissioner Bell requested that his outline be enlarged 1nto
an ordlnance.
Clty Attorney Anderson said he would like a report recom-
mending such an ordinance to the City Council. Comm1ss10ner
Bell said that the City was in need of a sign, street, and
subdivision ordinance. Mr. Anderson said such ordinances
should have few clauses varying from the norm. To acoompllsh
this the City can select several ordinances and then make the
neoessary changes. Help of an engineer ls needed for a sub-
d1vislon ordinance, Mr. Anderson said.
e, Further discussion of matters on which hearings have been
closed.
1, Aronsen - Permanente rezonings of annexed territory. Home-
stead near Simla corner,
Moved by Com~issioner Myers that the Aronsen and the
Permanente property be rezoned to M-I-H; seoonded by
Commissioner Neilsen, carried 5 - O.
Chairman Leonard said that any future use will go to
the County for H control, Commissloner Bell added that
those uses not conforming require a use permit.
2, Balas request for a rezoning. #9 at Kirwin. Real Estate
Office.
The lot is 115 by 125, Commissloner Bell asked about
granting a permit of a temporary nature. Chairman Leonard
said he believed that a use permit was not Possible in
this case in view of the County Codes adopted by referenoe.
Mr. Anderson said that the County ordinance is very restric
tive in the matter of use permits issued for residential
zones. No signs, advertising, or external evidence of
business are permitted, There ls a striot interpretation
of the home exclusion rule. Commissioner Bell suggested
postponement of the decislan until the following meeting
so that Mr. Balas can examine the H requirements to be
exercised by the County.
,. General Petroleum. Serv10e Stat10n rezone and use permIt,
Blaney & Stevens Creek Road.
Chairman Leonard reported that he submitted the Genera:
Petroleum plan for County examinat10n. The County has
tentat1vely said they would like a sixty foot radius on
corners. At that rate the minimum s1ze lot to acoommodate
a service station would seem to be 150' by ISO' and tb~
entrance to the station should be c:"<1t' ,..f th, ,',' ....'
wh~.ch cha::nels traffic around the C·(j¡..:d........... \" ··.'.;..~2~~t:..
ments would neoessitate greater gallo~ag~ P¡';.' .') .cn to
oper9te - perhaps 40,000.
1.
2,
3~
4,
.;..
If such ideas become an actuality the small area
stations on the corner will be on the wane. Mr. Rukan
rep11ed that he has a f11e on the subject end is fam111sr
with such a plan on Lawrnece Station Road. The idea
evidently originated with John Cone, former planner of
the City of Sunnyvale. He said that most oil companies
have protested this 1dea. Accordlng to Mr. Rukan an ecr,,,
of ground for a service statlon is not a feasible plan,
and the safety faotor is an important reason why a 60'
radius is not practical since such a radius increases the
pedestrlan walkway by two-thirds. He concluded that the
south east corner of Blaney and Stevens Creek Road is a
logical spot, surrounded by C-l-H, especially if Fairoaks
Avenue is extended by the City of Sunnyvale. He added
that Mr. Maggio is adamant in hls refusal to sell more la!
Commissioner Bell revlewed the aspects of General
Petroleum's three plans. He moved that the Planning Com-
mission recom'nend to the City Council that the rezoning
and use permit be granted for scheme No. 3 subject to the
same conditions imposed on prior stations, which condi-
tions shall be stated in a letter to Mr. Rukan.
The motion died for lack of a second. Commissioner
Call moved that the aPDllcat10n be re1ected; seconded by
Comm1ssioner Neilsen, carried 3 - 0, with Commissioner
Bell opposing and Commissioner Myers abstaining.
Discussion before the vote indicated that poor lañd
use would be likely to result from development of a gas
station on this parcel,
* * * * * * * * *
In the interest of time Items IV-D-E-F-G-H were bypassed.
V. NEW BUSINESS
A. Seating of New Member
Mr. Edwin J. Myers, a practicing architect with an office in
the City of Cupertino, was introduced and duly appointed as
the fifth member of the Cupertino Planning Commission.
B. Request by Ralnes Chevrolet Agency for use permit to run a
used car lot on the SE corner of #9 and Stevens Creek Road,
Mr, Raines sald he planned to duplicate his Sunnyvale
operation and wou1d like to grade and pave and hang neon Signf
He estimated the cars at 20 'to 25 at anyone time and said he
planned to move an office bul1ding presently on a lot in San
Jose onto the Cupertino site. The lease is for two yearS.
Commissioner Bell observed that a permit had previously been
granted for this specific use and he moved that the Flanning
ommiss on reoo end a use er t to e r nte 0 a i atic
seconded by Commissioner Neilsen, carried - O. Mr. Cali
'abstalning.
C. Request by Norman Stein to add to a single family dwelling at
20948 Alves Drive,
The plans appeared to be in order and Chairman Leonard slgned
the building permit.
VI. ADJOURNMENT - 10:55 P,M.
Respectfully submitted,
--f~ ,<. ~
LAtRENCE K. MARTIN
City Clerk
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