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PC 11-14-61 10321 SO. SARATOGA-SUNNYVALE ROAD AL 2-45G5 C I T Y 0 P CUP E R TIN 0 CUPERTINO, CALIFORi'\!:rA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION, November 14, 196, PLA CE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE ~"LAG II ROLL CALL: Commissio~ers Present: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None City Attorney, City Clerk, Assistant City Engineer Commissioners Absent: Staff Present: MINUTES or. THE PREVIOUS MEETING: October 9, 1961 ~1e minutes or October 9, 1961, were approved as submitted. III COMrmINICATIONS: A. Hritten: (1) C~pertino Union School District: Letter advising the Planning Department of a change in l'esponsibili ty IIi thin the School Central Administrative Staff. The Superintendent, Frank O. Fenley has assumed complete responsibility for the building progr~m. (2) County Planning Commission: November 1st agenda (3) County PlanninG Commission: Su~~ry 01 Actions, November 1. (4) County Plannins Co~-y.ission: November 15th agenda. Within the Cupertino-!VronteVj,sta Planning area, California Water Service Company has applied for a use permit for a well site and storage tanks, south side of f;'remont, east of Selo Drive. Property of Paul !~rdesich. (5) (6) easement from the southl'lest corner of !Vliranda Drive through the high school property (Nathanson) to the school to be located on the Sorci property. County Planning Co~~ission: Summe.ry of Actions, October 18. Cupertino School District: Letter asking for a working (Sunnyvale) elementary (7) Division of HighllaYS: Fully executed copy of the Freeway Agreement, between the State and the City of Cupertino, covering State H:Lg11Vlay Route llL~ betvleen 0.25 mile south of Homestead Road a!',,), 0.2 mile north of Homestead Road. The letter also asks the City to do all possible to prevent the planning for construction of improvr,., ments which lright conflict \lith the freeway. They, thE'refcre, ask prompt notice of any contemplated subdivisions, applications fer building permits, etc., on or near the freeway. B. Verbal: None IV HEARINGS SCHEDULED: A. PAUL MARIANI, SR. ~ !~THILDA SOUSA: Applicat:Lon 41-2-61 to rezone 1,314' x 337' at the southeast corner of Lucille & Highway 9 from A-2:B-4, R-3-H and ~-l to C-l-H. Second Hear~ng Continued. (City Council referred Marian:L's tabled appl:Lcation requesting 65 acres of C-l-H along Higlmay 9 bac!e to the Planninc Commission at the November 9th meeting). The Chairman said that the Corr4'1lissiOn now has 77 acres before them, cOlli1ting the, tabled application of 65 acres now reactivated, and the l2 acres at Luc:Llle. -1-- COmmissioner Leonard reviewed the fact that the CommÜ;ð1.Œl asked the Counci I to refer the 65 acre appb ca cion bacle to the Planning COmmission~ for the purpose of discussing it with the new Planning Consultant. At that time they thought that the Consultant might be available sooner than appears likely at this time. Paul ~~riani said that a coordinated effort is being made to create a downtown Cupertino regional shopping center. To this end two additional applications have been recently subnntted, one on the Peso property and the other on the property of Ralph Rodrigues. Both properties abut Highway 9 near Lucille. He said it is difficult to put together a regional shopping center without a Cooperative effort. He described it as an attempt to furnish the City with a tax base and, he said, that the first tool needed in this step is the proper zoning. The Chairman stated that the COmmission does not want to see Highway develop into spot zones with a patch-work affect of commercial interspersed \'lith other kinds. He asked the Commission if it chooses to wait 2 llee!Œ on the Mariani property in order to hear the Soso and Rodrigues applications together with them. The latter two have been published for November 27, having been recently submitted. Mr. Mariani recalled that he had requested denial of his applica- tion so as to expedite passage of the necessary ordinances. The City Attorney said that the Planning Consultant has been employed to complete a zoninG ordinance as well as a general plan. This way, an integrated ordinance which is necessa~J to the well being of the City can be created rather than piece-meal ordinances and continuing amendments to the existing regulations. The Ci ty Clerk advj_ sed that the 65 acre Mariani appli ca tion has been published for hearing on November 21, the 7-day (in t~is case 8) period betueen Council and Commission hearings being insufficient to satisfy the 10-day notice requirement. Moved by Commissioner Leonard tion be tabled until November 27. gerald. that the 12 acre Mariani applica- Seconded by COmmissioner Fitz- AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder and SnEll None None 7-0 NAYS: COmmissioners: ABSENT: Commissioners: MOTION CARRIED: Mr. Mariani asked the COmmission whether he should appear November 27, inasmuch as the ordinances to be prepared by the Planning Consultant will not be ready at that time. The City Attorney advised that the Commission can act on C-l-H applications within the terms of the existing ordinances, although tL'J City does need expert advise on overall zoning problems. Commissioner Leonard noted that they should try to get the matt",;:, heard carefully with all the professional talent present. Commissioner i,'rolich said that in this way, the Commission might be able to bring all the applications to the top of the water at the same time. Mr. Mariani asked ¡¡hat the time schedule would be from the moment the Planning Consultant arrives and from the time he submits his plans and ordinances. The City Attorney ansuered that the contract gives nine months to produce a draft of the general plan. As pending applications are concerned, he said that these applications do state the Positlon of the land om ers. Mr. ~~riani said it seems highly unlikely tlmt the rezonings would go through before the ordinances are adopted. He asked what the minimum period would be. The City Attorney said that 3 months can usually be considered the minimum for the adoption of ordinances. the Consultant far as the m~,ssive -2·- CommisSioner> Leonard said that by proceeding they could ge1~ the slow grinding machinery in operatjon. He said he does not propose to move the Center of· tOI'll1 5 minutes before the arrival of the Planning Consultant. It is only common sense he said, to allow the planner to study such large applicat~ons as are nOw pending. Mr. Mariani said that it looks to him like next spring would be the pro~er time to reappear. The City Attorney said it depends on the consultant as to his advice on proceeding on rezoning application or waiting for prepara- tion of a ßeneral plan. B. . MAQKAY & SOMPS: Application 43-Z-6l to rezone 8.4 acres from A-2:,B-'~ to R-l; located bet1~een Randy and Blaney, north of' a pro- jection of Mariani (Merritt). First heaTing. Tentative Map, 35 lots, This being the first application using the new check list for tentative maps, letters from the following agencies were read or summarized: City Engineer, Cupertino Sanitary District, Division of Highways, California Water Service Company, County Flood Control and Water Conservation District, Cupertino Union School District, and County Health Department. These letters represented about half of those contacted. The letter of the City Engineer states that he has no objection to the street pattern shown on the tentative map. Relative to storm drainage, he said that a possible solution to the problem would be for the developer to construct a series of in-tract dry wells on a temporary basis to serve the tract until such time as the storm drainage line on Blaney is completed between ~riani Avenue and Homestead Road. Relative to the storm drainage, Commissioner :'rolich said that the situation appears to be a chiCken or egg situation, 'C':C'J,t j,s to say, the storm drainage is not immediately available to serve the subdivision and the funds to build such storm drai¡1age w:'.ll net be available 1'1ithout taking the storm drain costs from the proposed subdivisions. The Chairman asked for comments or objections from the audience. There were none. Moved by Commissioner Ip-onard that the the second hearing to be held November 27. Fitzgerald. first hearing be closed, Seconded by Commissioner AYES: Commissioners: Adamo, Fitzgerald, I"rolich, Leonard, Rampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioner's: MOTION CARRIED: C. ORDINANCE 89: Sign Ordinance; revIew of regulatiens on sign size etc. Continued. The Chairman said that some people, namely subdividers a.nd sj,gn builders have asked to be heard on the subject of the sign ordinance. The City Clerk advised that the hearing on the sign ordinance was publiRheJ for October 23rd when it was on the agenda, and in addition, individual notices were sent to Ward Crump, George Oakes, Foster & Kleiser and Page Properties. The Building Official was also notified. Commissioner Leonard aelced that Hr. Benevich give the Planning Commission a digest of administrative problems en the sign ordinance inasmuch as he has aslŒd to be heard. He proposed that all interested parties show up at one meeting so that a good discussion could be held. He asked that the Building Official be present and that Mr. Benevich be notified to notify iwme builders and sigr. builder's, expecially the aforementioned. .-...",,'-' Moved by Commiss:ioner':'i tzgerald that the Sign Ordinance hearing be continued to November 27. Seconded by Commissioner RI:1mpy. AYES: Commissioners: Adamo, Fitzgerald, F'rolich, Leonard, Rampy, Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: D. ORDINANCE 002(h): Amending Ordinance No. 002 which ordinance incorpo!'ates Ordinance NS 1200 of the County of Santa Clara by repealing "Professional Office District" class~fication and addine; the classification "Professional Administrative Zoning" (PO-H) and further by adding the classification "Light Industrial Park Zon~ng" (MI-PH) Conhnued. Public Hearing. The Chairman stated that the pressure of certain applicat,ions means that the Commission cannot wait another year for the adoption of an ordinance recommended by the Planning Consultant, although a couple of months ago the Commission did intend to table Ordinance 002(h) for that reason. The Chairman directed the City Clerk to read the ordinance in full. Commissioner Leonard said that the ordinance is patterned after one of Palo Alto with certain features of the fairly recent County ordinance also incorporated. He referred to the letters sent tö eight leading industrj,es and the answers received. The letters from Upjohn, Kalser Aircraft Electronics, General Electric, and Parke Davis were then read. After this the mimeographed changes proposed by the Planning Commission were reviewed by the City Attorney. He said that most of the suggested changes were good, b1lt advised that a couple of these proposed changes not be approved. The Chairman asked for audience participation. Robert Michaelson, 101+211 NOI'Wich Avenue, read a statement in which he asked the Comnission the nature and extent of the power of the H Control Committee. The Chairman said that the Architectural and Sj,te Control Committee is a recommending body to the City Council, primarily concerned with the aesthetic features of an application. Mr. Michaelson said that Ordinance 002(h) should state that the City Council is the controlling body. The City Attorney said that the ordinance should be designated as PA-H instead of PO-H. In response to Mr. Michaelson's statement, Mr. Anderson said that the H control committee has no powers created out of the ordinance under discussion and therefore it is unnecessary to mention it. Mr. Michaelson's second point concerned research and development, He said that COmmissioner Leonard has recommended the inclusion of such a category in Ordinance 002(h). This being so, he said t~e ordinance should spell out that no products can be made or manu- factured by industries located in the zoning under question. The proposal was made that the research and development categol~r carry a statement that no products for final consumption be allowed. Discussion then follo\led as to definitions and possibilities. Mr. Michaelson said that an industl7 could produce a product which is not for retail and which in his opinion is not "for final consumption" but would be manufacturing none the less. He spoke of parts that would be manufactured for del~very and use as a component in some other manufactured product. Tnis could be a loophole, he said, in this ordinance which would result in manufacturing firms being located in an industrial park intended for non-manufacturing industries. -I' ., Third, he referred to the d1Dtance between an M1-PH zone and an R-l zone particularly as it involves Idlewild Greens, saying further that in discussing this ordinance and in discussing industrial parks, they were in rea~y discussing the area adjoin- ing Idlewild Greens since there is room for only one such industrial park, meaning that the Craft, Leonard and Lester property is actually the district under discussion. He referred to the Idlewild Greens subdivision as an existing fact which should be considered in that light and not merely in the realm of industry or business. The type and distânce of buffering between an R-l and a PA-H zone is what concerns them. He asked who would maintain the plantings. People in California, he said, live in their back yards thuG making the present situation very important. The people in Idlewild Greens would actually be looking right out on the adjoining industries. Louis D. Segal, 10239 Denison, said that the City Council does not know what the Planning Commission is proceeding with. The ordinance has been discussed for one year as an industrial park ordinance, restricting it to certain size - one acre minimum lots. He maintained that such an ordinance should have minimum sites of not less than 25 acres, stating further that the present ordinance is not what the Council is waiting for. The nature of the companies contacted and replying and the whole nature of the discussions and the ordinance insures, he said, that the landscaping would be maintained. He added that landscaping should be spelled oute citing the example of the tomato stand at Portal and Stev~ns Creek Road, and also the Standard Oil gas station which he contends bears no resemblance to the station that was promised. Commissioner Leonard said that some experts on the subject of industrial parks feel that larger sites preclude the possibility of incompatible zoning. If an industry should locate on a one or two acre plot it would quite possibly be surrounded by resider:tial buildings. However, in a larger site, some of the industrial structures would adjoin nothing but additional industries. Mr. Segal said that some of the best residential areas in Palo Alto have been spoiled by the proximity of industry, saying that expensive homes have had industries built within 30 or ho feet. Commissioner ii'rolich said that larger areas might result in spot zones which cannot fill up with industry. Therefore, he said it is not practical to put it in the ordinance although he does agree with the philosophy expressed by Mr. Segal. Moved by Commissioner Frolich that the City ~ttoN'ey rewrite Ordinance 002(h) incorporating the mimeographed changes of the Planning Commission along with his own advice, for final considera- tion on November 27. Seconded by Commissioner Fitzgerald. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: E. J. A. MOREING: Application ll-U-6l for a use permit fOl' a Standard Oil gas station; northwest corner of Blaney and Bollinger. E. \1. Schmidt, representing the applicant, gave his address as 795 Castro Street, Mountain View. He said he would like to avoid arguing the fact of commercial zoning on the property including 5 acres at the corner and conf~ne the hearing to the merits of the use permit. He told the Planning Commission that the Standa)~ Oil Company has a specific des~gn in mind for this particular station, He referred to a. brochure ma~led to the Commissioners. The gas station, he said, will provide the ultimate development for the site. He noted that the site is situated on the City Limits and is adjoined on the south side by the City of San Jose and on the east side by the County of Santa Clara. He called this a conflict of interest inasmuch as the gas station is to be located within the City of Cupertino. He mentioned tax base considerations and said he would like to answer any questions that might be presented and also to have a few minutes to rebut any opposition arguments. -5- The Chårman asked ~1r. Schmidt the measurements of the station. In answer, Mr. Schmidt referred to the plan d~signated S-1220, sub- mitted by the applicant wlùch indicated that the station area will be approximately 136' x ISO' x 124' x 116', the latter measurement being the. Blaney Avenue side. COmmissioner Leonard recalled that he (and the Planning Commis- sion) voted about three times on this property, the first two, applications having been denied. The third application was appealed to the City Council after den~al by the Planning Commission. With respect to the first two applications, he said that the Commission was hoping for a better spot to locate a shoppifig center. Thereafter CupertirmCross Roads cei1ter developed with Safeway Stores, etc., providing more of a neighborhood shopping center than could-have been provided on the present site. On the third attempt, he said the tax base question was raised and a satellite form of shopping center was then considered. He said it was his best recollection that the applicant made a promise and statement to the effect that no gas station would be located on the,S acres. However, he said, he recognizes the fact that the ownership has changed and the applicant before the Commission now is not the applicant who stated that there would be no gas station on the site. He added that this phase of the application appears to be a question of good faith between the former and present owners, also between the Planning COmmission and the neighboring residents. Mr. Schmidt stated that the change of ownership took place a long time ago and that there may be reasons to deny the application but he said the Commission is not on sound ground to bind the property and future owners on the basis of some statement which was made in t' past. The Chairman read excerpts from the hearings on the application of Star Contractors submitted 10-26-59, and covering several hear- ings. He observed that the zoning was obtained through appeal, and that the minutes show that the applicant stated that there would be no gas station on the site. The Chairman asked the City Clerk to read the letters of protest, there being five submitted by the following people: Mr, and Mrs. C. R. Moe, 6790 Bollinger Road, San Jose 29; Mr. and Mrs. Malcolm Downey, 4165 SW Laurelwood, Portland, Oregon, owners of a corner lot directly across the street; Margaret J. Impink, 10870 South Blaney Avenue; also a petition with 40 names attached. mostly from Blaney, Bollinger and LaRoda; and another petition signed by 14 people. Louis Segal, said that Standard Oil prOmised to build a service station at Portal and Stevens Creek Road but that they did not in fact build such a station and the present station, he said, bears no resemblance to the plan submitted by Standard Oil, nor any resemblanc~ to the plan shown by the applicant at this hearing. He said that none of the residents of Idlewild Greens would patronize the station at Portal. Robert Michaelson, 10424 Norwich, said that he was not trying hi be facetious, but at the present rate, the City will look like a comic strip entitled "Gasoline Alley" and will be just one bi;:r, b:,'J.J.- board for gas stations. He said he does not understand why this is being allowed, since the City does not need another gas station. He proposed that in City government show concern for the residential citizens ~1d if this happens over the objections of the majority, he will wonder what the democratic process is. He said that the Planning COmmission is aware of ~his and will take it into consideration. The correct procedure would be for Standard Oil to withdraw their applic&.. tion, he said. Mrs. Pearl, 1084 S. Blaney, said that most people did net see the notice of postponement appearing in the newspaper and on the City bulletin board, and there Hould have been more people in attendance the previous night when this was scheduled. He said the gas station should be leapt on the main streets and not in residential areas. She said that she could see this particular station from her kitchen. Mr. that the will do. Schmidt said that Standard Oil is not gOing City will not allow them to do, that is all He said there has been no bad faith on the to do anythi!'1g the oil company part of Standard -G- Oil. He said the company decides where to situate stations on the basis of economics and that this is not a residential, area, it is a commercial area and it is so zoned. As far as maldng the station pay, he said that thís is the concern of the oil company; they have investigated the site and can no doubt get a profitable location. Moved by Commissioner Leonard that the hearing be closed. Seconded by Commissioner F~tzgerald. AYES: Commissioners: NAYS: Comm1ssioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald. Frolich, Leonard, Rampy, Snyder and Small None None 7-0 Moved by Commissioner Leonarq that the application be denied. Seconded by Commissioner Fitzgerald. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo. Fitzgerald, l<'rolich, Leonard, Rampy, Snyder and Small None None 7-0 Mr. Schmidt asked that the brochures which he had mailed to the Commissioners be forwarded to the City Council. F. HENRY HOM: Application l3-Y-6l for use permit to raise chrysanthemums in plastic covered frame houses , at 21665 McClellan Road. Mr. Horn said that he has no comment at the present time. In reviewing the matter, E. J. Martens said that he is a land- scape architect and that, if it would furnish the Planning Cozrenission with any information, the lath house in question is one with a pastic covering which holds the heat in and keeps the rain out. Commissioner Leonard reviewed the location which he said is bounded loosely by the railroad tracks, Lincoln School, Imperial Avenue and Orange Avenue. The Chairman asked if this is to be a temporary use. Mr. Fitzgerald said that the applicant has a lease of one year or more. with an option to buy. He will also have to expend a sub- stantial sum to set up the property for flower growing. Commissioner Leonard said that some chrysanthemum growers use a kind of fish meal for fertilizing which is ve~r odorous, whereas there are other cultural practices not particularly objectionable. He suggested that a use permit might be conditioned against odor and materials used, buffering, Iceeping the plastic covers in good repair, etc. He said that the lathhouse structure is about eight feet high and that any number of things will grow to a height of 8' pretty quiclcly. While the drawing was not considered to be properly to scale, it was estimated that the structure would be about 50 feet from the road. Matt Calendrino, Van Vleclc Realty, assured the Commission that Mr. Hom would keep the property in fine shape. The Chairman aSked for any comments or protests from the audience. There were none. Moved by Commissioner Prolich that the hearing be closed. Seconded by Commissioner Adamo. AYES: CO ]l\issioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, F'rolich, Leora rd. Rampy, Snyder and Small None None 7-0 -{- Moved by Commissioner Leonard that the applicant be grantG(1 the use permit subject to control of odor, second, proper maintenance of thèmaterials used in and around the lath house, third, the planting of a hedge row to attain a height of 6 feet in two years, and fourth the continuation of the use permit from year to year, the permit to be continued automatically in the absence of five or more protests. Seconded by Commissioner Fitzgerald. AYES: COmmissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, D'rolich, Leonard, Rampy, Snyder and Small None None 7-0 G. BETHANY BAPTIST CHURCH: Application l2-U-61 for a use permit for a church at 22054 Homestead Road. The pastor, James Austin, said that he was granted a use permit by the County, but that it has expired through the passage of time. He described the property as almost 3 acres on the south side of Homestead Road between Stevens Creek and the future interchange of the Stevens Creek Freewa:/. The entrance will be on Maxine Avenue. The first two buildings will be an educational building and a sanctuary. 71 parking stalls will be provided for the first two units. The sanctuary is a build- ing 55' ;c 98'; three educational buildings are sho~n1, approximately 1,456 sq. ft. each, and one fellowship hall of 3,528 sq. ft. The property is located at the top of the dip, just east of Stevens Creek on Homestead. COmmissioner Leonard pro~osed a motion to grant the application subject to Exhibit B, and (13) applicant's agreement to improve and dedicate for a 90' Homestead Road; (14) the standard storm drainage requirements as approved by the City Engineer; (15) a clearance of the improvement plans with the State Division of Highways relative to the nearby interchange. The Chairman called for p!'Otests. There were none. ~~oved by Commisoioner Fitzgerald that the hearing be closed. Seconded by COmmissioner Rampy. AYES: Commi s stone rs : NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, I:'rolich, Leonard, Rampy, Snyder and Small None None 7-0 Moved by Commissioner Leonard that the use permit be granted subject to Exhibit B, items 1-12, and subject further to (13) dedj,ca- tion and improvements of Homestead Road as a 90' right-of-way before the church sanctuary is constructed; (14) the standard storm drainagG requirements as approved by the City Engineer; and (15) a clearance of the improvement plans \Ilth the State Division of Highways relative to the nearby interchange. Seconded by Commissioner Snyder. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None None 1-0 H. AMERICAN LEGION POST 642: Application lLf-u-6l for a use permit for an American Legion Hall at 20860 McClellan Road. E. J. Martens represented the applicant; he is Judge Advocate of the Post. He described the property as approximately one acre, 100' x 400', with a chiclcen coop and a 5 room house with bath. The American Legion proposes to use the hall three times a month. in addition to permitting overall use by the citizens of Cupertino. -8.. He said it is impossible to rent a hall in the City at the present time. The groups and organizations sponsored by this American Legion Post were listed by Mr. Martens, as follows: Boy Scouts, Girl Scouts, JWlior League baseball teams, Little League team (application pending), public speaking contests, government study programs, rehabilitation programs, rlag sales, Youth in Europe programs and employment. He said there are 3,013 members in 18 posts between Palo Alto and Gilroy. The Chairman asked the City Clerk to read a letter presented to the Planning Commission by Anthony L. Lillo, 20820 McClellan Road, at the start of the meeting. The letter makes reference to the presentation of a petition against the use permit. The petition, in two parts, was then presented by Fenton Hill.20195 r~cClellan Rd. He said that the 70 odd names are divided about equally among the people who live inside the City of Cupertino and those who live outside. Commissioner Leonard recalled that OWlers adjoining the subject property have been concerned in the past with some method by which they could cut up the deep residential lots (400 feet) and have been hopeful that the lot situation would improve so that access could be provided to the rear half of these lots. He also referred to the existing structure at 20860 McClellan Road, asking what sort of structure is appropriate for a public or semi-public meeting place. He said that the old Cupertino School, located at Vista and Stevens Creek Road, was condemned when it was in better condition than the subject structure. On the call for protests by the Chairman, Mr. Hill (see above) stated that the proposed site is hardly the place for such a hall. He compared the location to Napredak Hall on Lawrence Station Road, saying that the use and activities would be similar. He observed that cars are pulling out of such a spot in the middle of the night and that all things considered the American Legion could find a better place. Richard Stark from Saratoga, said that he is the realtor involved, and he does not understand what is meant by the word "promiscuous" as used by Mr. Lillo in his letter; furthermore he said, he did not care for the use of the 'lord "naive" wi th reference to any Planning Commissioner. The Episcopal Church of California has purchased 6 acres at the southeast corner of McClellan Road and Stelling; this site is immediately adjacent to the property in the American Legion application. Since this is the most recent use for which purchased, he said, he cannot understand why the neighbors seek a road through the back half of their property since the church will not have any need for such a road. He also challenged the statement that half of the 80 protestants reside within the City of Cupertino. He referred to the Foothill College site diagonally up the street and said that this would inevitably cause much greater traffic use of both Stelling and McClellan, which he characterized as main thoroughfares in the future and as adjacent to main thoroughfares at the pr~sent time, Highway 9 and Stevens Creek Road. He said the subject property is 1401 x 4201 and is large enough to accommodate the proposed use. He also said he can understand the emotional impact of such a ven~tre on the immediate neighbors and their concern for a possibly rowdy site. Tony Lillo, 20820 McClellan Road, said that a group of neighbors had succeeded in eliminating a chicken coop on the property in question although the Planning Commission had ruled at that time that the chicken coop and the use permit therefor continued in effect so long as one rooster remained. The use permit has expired accord- ing to the terms of the City zoning regulations. Mr. Lillo said the immediate neighbors should not have to defend the property as single family residential. He referred to the classified advertising section of the telephone boole as a sample of the acti vi ties that could go in at such a hall. Charles LeVezu, 10731 Westacres, said that most of the uses that would take place could better be served by some public hall. He said the American Legion should build one, or find another location. -9- E. J. ~~rtens said that his post has searched the entire County for a location and will be glad to buy any hall that they can find. The Chairman noted that any large gathering would be quite liable to create a traffic problem for the surrounding residences. Moved by Commissioner l"rolich that the hèaring be closed. Seconded by Commissioner Leonard. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: COmmissioners: MOTION CARRIED: Moved by Commissioner Adamo that the use permit be denied inasmuch as the property is situated in a prime residential area. Seconded by Commissioner Snyder. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard Rampy, Snyder and Small None None 7,·0 NAYS: Commissioners: ABSENT: COmmissioners: MOTION CARRIED: V UNFINISHED BUSINESS: A. C-2 ORDINANCE: Referred to the Planning Commission by the Ci ty Council. The Chairman appointed a subcommittee of Fitzgerald, Leonard an, Frolich to review such an ordinance and report to the Planning Commission at the next meeting. B. MISCELLANEOUS: Commissioner Frolich as]ced that the neighborhood plan maps be brought up to date and their ordinance books be brought up to date. VI NEW BUSINESS: A. MISCELlA'NEOUS: None VII ADJOURNMENT The meeting was adjourned at 12:15 A.M. APPROVED: Isl E. J. Small Chairman, Cupertino Plänning' Comm. ATTEST: bsl Lawrence K. Martin ity ClerIc -10-