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PC 04-26-65 ).I.J' R7 80,000.4 CITY OF CUP E R TIN 0 C,Ül1"ornia MINUTES OF THE REGULAR MEE'rING OF THE PLANNIIrG COMMISSION .. April 26, 1965J 7:30 P.M. I SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS: March 22 and April 12, 1965. Comm. present: FroHch, Hir$hon (7: 35) ,Johnson, ,Sq¡allJ Traeumer (7:40), Gates None· Comm. apseht: Staff present: Dir. of Planning, Adde Laurin Dir. of Public Works, Frank Finney City Engineer, Bob Shook Recording Secretary, Lois Inwards The City Attorney expressed some doubt as to the legality of starting the Planning Commission meeting at 7:30. He-advised Chairman Gates to review the items covered before 8:00, at that time, even though the time cþange was p~blished and well advertised. III ANNOUNCENIENTS'O;F POSTPONEMEN'¡'S, ETC. . ' . . . . 98,499 A. CITY PLANNER: House numbering and street name system. This was postponed indefinitely. B. Ro Bo & R. WOOLEY: Application for a Variance in Lot Si¡::e, to. allow 2 lots approx. 0.95 acre each in an A-2:B~4¡::one; north of Lindy Lane. IV WRITTEN COH~TIJ}iICATIONS 8~v-65 5-TM-65 51,005 . A. COUNTY OF SANTA CLARA PLANNING CO~~ISSION: Referral of re¡::oning to C-2 at the east side of Mann Drive, between Stevens Creek Blvd and Oakview Lane. The county Planning Commission has requested com- ments from the Planning Commissioners on this. Moved by Comm.Frolich, seconded by Comm. Johnson, to .instruct the staff to write the County Planning Commission, advising against this re¡::oning, on the. basis thatC-2 uses, such as veterinary hos- pitals, adjacent toR~lwould be an incompatible use. ' AYES: Comm. Frolich, Johnson, Small, Gates NOES: None ABSENT: Comm. Traeumer ABSTAINED: Comm. Hirshon Motion carried, 4-0 -1- II MINUTES OF PREVIOUS T1EETIHGS ChaL'man Gat2s request'cd tLc :::c,rnmiE:sloners be put on the ma:Lling list for the H-ControI [J;1.nutes 0 Moved by Coram. Small, seconded by Coram. Johnson, to approve the Minutes of March 22 & April 12, 1965. Motion carried, 6-0 V VERBÞ,L COMMUNICATIONS 'rhere were none. VII HEARINGS SCHEDULED l-u-65 B. TOMA TAKEYUKI (Calif. Water Ser'vice Coo): Application for a Use Permit. for a Water Well and appurtenant . Public Utilities; north end of Portal Ave. Second Hearing continued. Chairman Gates recapped the previous hearings, then asked the applicant if he had more to add. Mr. A. L. Stolp, Dist. Manager of California Water Service Company, said he had learned the option on the land expires on Junê 9, 19650 The Director of Public Works said they have received no report as yet from Nolte and Company. He said there is no way to tell what the effect will be on the water supply until this well j.s sunk. He doubted that it will be affected and did not feel this should be a factor in the Commissioners' decision. Moved by Comm. Small, seconded by Comm. Hirshon, that application l-u··65 be approved, subject to the 12 standard conditions and those conditions brought forth at the previous hearings; namely, exp~_:['a tion date, perime tel' planting, partially sunk reservoir. AYES: Comm. Frolich, HirGhon, Johnson,· Small, Traeumer, Gates NOES: None Motion carried, 6-0 6-u-65 E. M. & R. MARCHANT: Application for a Use Permit for an office building in a PC-H Zone, east of Saratoga- Sunnyvale Road, opposite City Hallo First Hearing. Mr. Robert Marchant, 10100 Fleming Avenue, San Jose, presented his Development Plan, explaining that this property fronts onto Saratoga-Sunnyvale Road, between the Wells-Fargo Bank and the Chrisman development. -2- Carom. Small asked what type of structures he had in mind, M.C'. Marchant said it would ha,ie a slate tile roof and masonry and glasß extorioro He emphasized that he plans to coordinate his bu:lldlng as much as pos¡dble with the Chrisman devE' lopment, 8.S to building r>1ate:r>ials, ,etc. The designated use here is commercial, and he Will have a travel agency, possibly 8. photo studio, and other compatible office uses, Moved by Comm, F'rolich, seconded by Comm. Traeumer, to close the Public Hearings 0 Motion car~ied, 6-0 Moved by Comm·. Fr'olich, seconded by, Comm. Traeumer, tha.t the Planning Commission recommend approval of application 6-u-,65, subject to the followingcondHions: 1-12 Standard Conditions 13. Allowed Uaes: Offices, including but not' limited to travel agencies, and similar services. 14. Building height shall not exceedl~ stories or 25 feet. . . 15. Parking ratio for the area for which this USe Permi'ç is gra"1ted shall be at least one parking Space for each 180 sqo ft. gross floor area. 160 Plans shall be reviewed 8.ndapproved by the H-Control Co;¡mdssion. 17. All utilities shall be underground. 18, Procedure for revisions is as follows: In the event that the applicant shall desire to make any change, alteration or amendment in the Development Plan after it has been approved by the City Council as a condition to this Use Permit, a written request and· a revised Development Plan shall be submitted to the City Planner. If the size and general location of buildings is not increased, and the City Planner makes a ~ind- ing that the changes are m:tnor a"1d do nota.ffec~ the gener~l appearance of the area or. the interests of owners of prope'rty wi thin or adjoining the D~velcpment Area, the City Planner may cèrtify the ch~nge on the revised plan. If' such approval is withheld, the applièant may appeal to the Planning Commission, . If changes are material, but the requirements in the Zoning Ordinance and previously imposed condi- tions are still adhered to, and the total floor area of buildings is not in~reased, the City Planner shall submit the change to the Planning Commissiono If the change is denied by the Com- mission, t.he applicant may appeal to the Ctty Council, as provided ·in Ordinance 002(a) of the City of Cupertino. A change in the Development Plan including change of requirements or conditions} or an increase of the total floor area of buildings, shall be pro- cessed as a new application 'for a Use Permit. -3- 10-v-65 19. Adherence to the precented Development PJan is a condition to the granting of this Use Permit. 20; That easement for access through the area south of the property be acquired. AYES: Comm. Frolich, Hirshon, Johnson, Small, Traeumer, Gates NOES: None Motion carried, 6-0 G. J. R, MC CORMICK: Application for a Variance to allow side yards less than 20% of lot width at 10160 Hillcrest Road. First Hearing. The applicant explained that he would like to add a new double garage to his home and enclose the present garage. This would mean the total setback would be 16' rather than the required 2¿'. The Director of Planning explained that this is a large lot and the adjoining lots would not be affected as much as they would if this were a regular subdivision, for which this rule was set up, Moved by Comm. Traeumer, seconded by Comm. Small, to close The Public Hearings, Motion carried, 6-0 Moved by Comm. Traeumer, seconded by Comm. Johnson, to approve application 10-v-65. AYES: Comm. Frolich, Hirshon, Johnson, Small, Traeumer, Gates NOES: None VI UNFINISHED BUSINESS Motion carried, 6-0 2-TM-65 A, DON RYA~: Application fer approval of Tentative Map; 7.3 acres south of Junipero Serra Freeway, west of Blaney Avenue. Second Hearing continued. The Minutes of March 8, 1965, regarding this application were recapped by Chairman Gates, Mr. Ryan presented the proposed layout of the buildings and traffic circulation and the Tentative Map, He said any interior streets would be private, Lucille Avenue borders the development on the north side and on the east side a public street would be constructed by the developer, -4- Cha1rman Gate8 felt i:,hat thi5 case, wlvh .'J)e huge lot anù no pub.U.c interi')r stI"èets, can òj;¡ly cause tr'oublc say, five ye<'lrs from !~ow, when the' oÍ'iner wIll claim it it unsaleableo He felt thb.t if th:ls proj0ct were approved, it is like]y the own0!' would sooner or later apply for vé-triancE:s to allow¡;\m1'fll¡:;;rJ,Qts,,:. The Director of Planning said that thJs dèvelopment can not be subdivided under either the old or new R-3-H Ordinance. Commo Traeumer' felt that .a..Development :Plan should be required here.· He felt the Planning Commission :5hould be concerned as to what is actuallY going to happen to this property, not just a tentatlve proposal. The Director of Public Works sald the Fj,nal ~jap and Record of Survey would show streets, setbacks and common areaso The City Attorney advised that setback lines should be shown on the Tentative !!¡ap. He s,¡ld tJ;1at today, FHA financin§ is more liberal so the problem of "unsaleable property probably would not hold true in this case. Comm. Frolich asked whether the been adhered to. Mr, Ryan said more than the required number. landscaping between some of the be access to Lucille Avenue. parking ratio has there are 20 spaces There will be 40' of buildings. There will Comm. Traeumer wanted to review the pertinent facto¡:'s: 1. This is now zoned R-3. 2. This is a filing of a Tentative Map for one large lot with one external public street and private interior streets o· Comm. Johnson felt the intent of the Ordinance was and is. that no more than 20 units per acre shall be allowed. The'City Attorney said tþat the General. Plan consultant talkedabo'lt· increasingthe"density gr'eatly in this area. Chairman Gates wanted tò go over the requirements in the R-3-H Ordinance, The Dir'ector of Planning said that accessory buildings and parking are permissable on the side yards, whi¢h have to be 20% of 'lot width. ".: Comm. Frolich asked tìl,eCity Attorney about the street pattern. The CUy Atto:t:'ney süid the Qityhas official- ly adopted a þolicy o.f going along with private streets. . Moved by Comm. Tra,eumer} seconded by Comm. Small, to close the Second Hearing, MotJon carried, 6~0 .,.5- VII 50,000 Moved by Comm, Y"polich, seGonded by Comm. Hlrshon, that application 2-'11';:-65 be denied "sG&use the stt.'eet pattern does :1ot promote the health, éa:'ety and welfare of the community. This motion was amended by Comm. FroJich, seconded by Comm. Hirshon, to incluo ,} "clue:J not promote and i:J detrimental to the health......o" Vote on the amendment: AYES: Comm. Frollch, Elf'shon, Johnson, Small, Traeumer, Gates NOÈS: None Motion carried, 6-0 Vote on the motion: AYES: Comm, Frolich} Hirshon, Johnson, Small, Traeumer, Gates NOES: None Motion carried, 6-0 The City Attorney quoted Section 3.6 of tile Subdivision Ordinance, He advised that a memo should be attached to the Tentative Map. HEARINGS SCHEDULED: A. GRADING, EXCAVATION AND RETAINING WALL ORDINANCES (214A-140A). Second Hearing continued. The Director of Public Works said that, although the last regular Planning COl;lmission meeting could not be held for lack of a quorum, nevertheless, he and Mr. Phil J. Eldredge, Executive Secretary of the Peninsula Chapter of Engineering & Grading Contractors Assoco went over thejr comments, point by point, that were outlined in his letter to the City Engineer, dated April 9, 1965. They were able to come to an agreement on all items. Chairman Gates asked for comments from the audience. There were none, Chairman Gates said that he does not like the idea of a 6' wall 1" away from the property line or the sidewalk. The Director of Public Works said that in many cases, this must be done in order to develop property, especially as we get into the foothill properties. This Ordinance dis- courages timber retaining walls, also. In regard to an Appeal Procedure, Comm. Johnson said that any procedure that is satisfactory to the City Council and recommended by the City Staff and approved by the City Council would be appropriate. -6- VII 5,-z,..65 3-TM-65 5-u-65 The Director of PI.l.bl~Lc \-íorks did not recommend such a procedure 0 The Or'dinance does not incorporate a direct provision for appeal because the Director of Public Works ·is responsible to ,the City Council. Appeal is by direc t methods' imì!ledia tely to the City Council. '. ,", :i..:.).. ',:: ;',_ ,',:: ... .:,." Comm. Johnson saja he did not initjalJ.y reèómmend an appeal procedure} buttwocontr'ac'tors In,. the City did recommend a written.appealprccedure in the Ordinance. The appeal procedure is alrea.dy set up unèH~r the Verbal CommunicatiomJ section of the City's agenda. However, in accordance with the Or'dinanc <0; , an applicant would have exhausted his Legal Rer.1edy without havi;ng appealed to the City Council and theCity.wou.ld. only be subject to a law suit. If you have it in there, you are shedding light on the applicant's legal remedies; if you don't have it in there he mayjw,t accept the Director'J viewpoint without going to court. Commo Johnson felt this is a position for the City Council to determine. .Moved bY·Comm. Small, seconded by Comm. Frolich, to close the Second Hearing. Motion carried, 6-0 Moved by Comm. Small, seconded by Comm. Frolich, to approve Resolution No. 256, GRADING,. EXCAVATION AND . RETAINING WALL ORDINANCES (214A-140A), subject to the consideration by the Coun,cil o·f an appeal cl.ause. AYES, Cómm.Frolich, l!irshon, Johnson, Small, Gates NOES: None ABSTAINED: Comm. Traeumer Motlon carried, 5~0 C. ASKAM·~JONES ENTERPRISES: Appl1ca tion for rezoning fl'om A-2:B-4 to R-l; 54 acres on the hill west of the extension of Il!ercedes Road·. Also Tentative Map~ Second Hearin¡:; on rezoning, First Hearing on Tentative ~ap continued. Because the applicant was not present} it was moved by Comm. Frolich, seconded by Comm. Small, to postpone applications 5-z-65 and 3-'1'11-65 to the next regularly- scheduled meetingo Motion carried, 6-0 D. CHURCH OF THE NAZARENE: Application for a Use Permit for a church site; south of McClellan Road between Stelling Road and Kim Street. -7- Mr. Dlck Pacheco, 1960 The Ale.meda, San Jose, the realtor handling the property, distributed maps of the property his client is purchasing i'rom St. Jude 'rhe Apostle Church, It is bordered on the south, east and north by residential and the St. Jude '1'110 Apost1e on the westo The Director of Planning poiDted out tHO complications here: 1. A church should not be constructed so close to a pro- perty line that it VJould overshadow an existing or future residence. 2. In order to develop the rE.:nidential area east of the proposed site as zoned, into 10,000 sq. fto lots, you would have to put in a street, either by tearing down an existi.ng l"csidence or through the church property. He said the City would have an obligation to see to it that the prope:'ty owners can get in there. The church should not pay for it; those who will bcneflt by this should pay for the street. Be believes the church can arrange the necessar"J parking spaces anyway. He presented a memo con- taining proposed conditions .and also copies of earlier proceedings on this parcel. Mr. Pacheco said they are very much opposed to putting in a 40' street. The maximum amount of property they can purchase from St. Jude The Apostle is 2.65 acres. The .street would be of no benefit to the church and it would take some of their property which they feel they definitely need to allow for future expansion. The Director of Public Works said we have here a division of land. Under that conditlon, it would seem in order to require a Tentative Map. The City Attorney said that, for some reason, we have never applied this to churches in Cupertino. The Director of Planning r'ecomrnended that the Use Permit, if granted, should contain the following conditions: 1-12 13. 14. Municipal i.mprovements according to Exhibit B. Dedicati.on of street right-of-way extended to 30' from the center line 0:' 11cClellan Road. Option for the owners of nearby property to the east to buy right-of-way for an access street withi.n one year, for a reasonable price, and to construct this street at any time. In case this street is not to be used for purposes of the church, the street shall have a width of 40' and be located immediately west of the property line; the church not to share any of the cost for this street. If the church wishes to use the street for access or parking, the section of the sec- tion of the street shall be approved by the Dir. of Public Works and the Dir. of Planning, and the church shall contribute 1/2 of the cost for ri.ght-of-way and construction. -8- 15. That no building higher than 161 be constructed ad;ioJ.ning the P8.stcl'ly and southerly property line; that building ¡,eight ~LLthin J,8'!S than 30' from the property line sh,lll net e;;:ceecl (l he1ght in feet of 16 + 0045 X, where Xis tLe distance from the property line, (At 20' distance, for instance, allowed h~~ght is 25!.) At or beyond 30' from the property line 'cLere shall be no height limitation, except as imposed by the Architectural and Site Control Committee. Chairman Gates asl:ed for comments from the audience. There were none. Moved by Comm. Small to close the Public Hearings. This motion died for lack of a Second. Moved by ~omm. Traeumer, seconded by Commo Hirshon, to close the First Hearing. Motion carried, 5-1 Comm. Frolich requested the staff to look further into the ingress and egress possibilities. Comm. Traeumer would like to know what the side yards are in Lots 4 and 5. The Director of Planning said there is a row of mature trees along Lot 3 which they are trying to preserve. 98,499 III ANNOUNCEHENTS OF P03TPON:::NENTS, ETC. VII 9- v·-65 A. CITY PLANNER: House numbering and street name systemo Moved by Comm. Frollch, seconded by Commo Johnson, to have the above item taken off the agenda. Motion carried, 6-0 F. MR. & MRS, ELMS: Application for a Variance to move a fence 3' into the front yard, to accommodate a swimming pool; 20840 Pepper Tree Laneo First Hearing. Chairman Gates recapped the proceedings under applica- tion5-V.-65, where the applicant had requested permis- sion to move a fence to the property line to accommo- date a swimming pool. It was established the fence would be 7' above the sidewalk; the sidewalk being about l' below ground level. Mr. Elms presented the altered plans, explaining the poöl will be constructed within the present fence line. They are removing a planter and a tree in order to do this. The 3' will allow them room to get safely around the pool. -9- VII ll-v-65 Chail'mallGuCGS [~,f:;',~,:c'd 11'" ~_::1::,,,;\ :Cenc.e; .? I In:;c.o ";~iH froilt Ydrd~ has already been constructed. Mr. Elms said that it had noto Chairman Gates said' he had been out to the property and saw a fence that a.ppeared to be 3' into the front yard. Mrs 0 Elms said th8.t i t~)a:s just a makeshift fence that was intended to keep the children fret! fa:U.ing into the pool, which is under constructiono Moved by Comm. Traeumer, seconded byComm. Johnson, to close the Public Hearings. Motion carried, 6-0 Because he felt there is no hardship here, Commo Traeumer moved to deny application 9-v-65. This motiqn died for lack of a Second. . Moved by Comm. Frolich, seconded by Comm. Johnson, to approve application 9-v-65. AYES: NOES: Comm. Frolich, Hirshon, Johnson, Small Comm. Traeumer, Gates Motioncár:t'ied, .4-2 H. R; DAHL (AD ART, INC.}: Application for a Variance to allow aþole sign in front of the building at 2228 Homestead Road. First Hearing; . Mr. James McLey, 1225 ·North First. St.reet, San Jose, sa.id they have a problem herewith a high völtage tower. This property is at the .west end of .Hómestead, almost at F'oothill Blvd. . . The.pirector of Planning explained that the application is to put. a sign betwl:en the side\~alk and the . roadway, on City propertyo He felt that it could be placed on the building. . The City Attorney advised that it, would tal:e some sort of agreement between the applicant and the City regarding the maintenance and insurance of this sign if the Variance i3 granted. Mr. Dan A:ronson, representing the property owner, said that at one tIme there was· some talk about moving the tower, but due to the increased cost, P.G. & E. is not considering doing this anymore. Mr. Aronson said the property owners are dedicating· the street and sidewall: The sidewalk is curved around the tpwer. The City Attorney suggested that a Variance to the Sign Ordinance could be instituted here. The Director of Planning felt a sign on be more readily visible from all sides. reader sign is already built and is not a building. -10- the building would Mr. McLey said the designed to go on 50,000 ~loved by Comm, Frolich, seconded by ConID1. 'lrð,ellmer, to close The rllblic Hearings, I1ot:l.on ea:r:;:i.ed~ 6~·o Moved by Comm, Frolich, second8d 'Jy Comm, Johnson, that applicati.on 11- v-65 be recommended for approval, subject to gr¡J,nting of easement and H::>ld Harmless Agreement wit~ the Cityo This motion was amended by Commo Traeumer, seconded by Comm. Small, that the sign is not to encroach over the sidewalk and is to be located 3' closer to Homestead Road than presently proposed. Vote ùn Amendment: AYES: Comm. Frolich, Hirshon, Johnson, Small, Traeumer, Gates NOES: None Motion carried, 6-0 Vote on Motion: AYES: Comm. Frolich, Hirshon, Johnson, Small, Traeumer, Gates NOES: None Motion carried, 6-0 I CITY COUNCIL: Amendment to the Planned Community Ordinance 002(0) and to the Professional Administra- tive Park Ordinance 002(h) and 002(p). First Hearing. Study session and hearing were combined. The Commissioners and the Director of Planning "lent over the Ordinance, inclnding footnotes, together with M~. Walter Ward of 'Tallco ?ark. This resulted in the following comments to and changes in the Draft dated April 12, 1965: Sec. 5 Extension of decibel requirements, etc. to PA-PH approved, as proposed in the Draft. Sec. 7.1 Separate yard requirements for PA-PH and Ml-PH retained, as written in the Draft. Sec. 7.2-3 Ml-PH requirement extende~ to PA-PH, as proposed in the Draft. "...except as required by this Ordinance 002(x) Sec. 7.4" added. Sec. 7.4 Minimum distance between buildings and residential zones as required for Ml-PH extended to PA-PH, with wording as proposed by Mr. Ward. -11- Sec. 8 Requirements Qf' qfEJ:tance between bl:ildings in PA··PH extended torn-T'lI. ·Sf'c" 9.1 Height requirements in PA-·PH extended to Ml-PH as PI'oposeq. in the Draft 0 Escape cl<J,use fQr requireï,JCnts as proposed~iY:MÌ'.. Hard ~ Sec. 10 Reqùirementfor fences, hedges and walls to be worded as proÞose.d by Mr.. Ward. Sec. 9.2 in 9.1 worded ~10ved by Comm. Trae1.lmer,seconded by'Comm, Frolich to close The Public Hearings. Moti()n carried,. 6-0 Moved by 00mm. Fro1ich, seconded by Commo Hirshon, to recommend to the Council the adoptîon of Ordinance 002(x), which is an amendm.ent to Ordinances 002(h) and 002(p), as corrected and changed according to the Minutes of this evening's meeting. AYES: .. Comm. Frolich,Hirshçm, Johnson, Small, Traeumer, Gates '. NOES: None Motion carried, 6-0 The 'City Attorney advised this be given a resolution number.so the City Council.ca.n adopt the new or the old uersion, .Moved byComm. F1:'olich, seconded by Comm. Small, to . recommend a.pproval of. Ordil'iance No. 002 (0-1), which is an amendment toOrd,inancE!No. 002(0), in order to include PA-PH in permitted uses within a Planned Community Zone 0 . NOES: AYES:: Comm. Frolich,.· Hirshon, Johnson, Small, Traeumer, Gates None Motion carried, 6-0 50,000 J. CITY COUNCIL: Ordinance redefining Architectural and Site Control procedures. First Hearing. . . The Director of Plannlhg r'ecàpperl the work that has been done on.this þy. t,he C1tÿ': Attorney, the Archi- tectural and Site Control Committee and, to some li ttle extent} h:tmself·. -12- Comm, Frolich, a past member of the H-Control CommJttee, was concerned that there was no mention in the Or>dinance of lOJking into the real site control of the thing; for instance, parking spaces should be so located on the lot so they are serviceable and practical. He feels there are not enough guidelines for the Committee in this Ordinance. Chairman Gates wondered whether a check list should be included. He was told there already j.3 one. Moved by Comm. Frolich, fJeconded by Comm. Small, to close the First Hearing 0 AYES: Comm. li'rolich, lIirshon} Johnson, Small, Traeumer, Gates NOES: None Motion carried, 6-0 VII NEW BUSINESS 81,022 6-2-65 A. Chairman Gates announced that the City Council voted to deny the application that the Planning Commission had recommended for approval on the "::,pot zoning" on North Saratoga-Sunnyvale Road. He asked the Commissioners what they felt could be done about the spot zoning of small lots along the major thoroughfares in Cupertinoo One possibility would be to go up and down the thoroughfares and zone those properties PC-H, as was brought out at the Council meeting. Chairman Gates felt this might be the solution to the problem. Comm. Traeumer suggested they start with a specific area, in order to study the ramifications of such a move, The City Attorney cited cases where this has been done. Chairman Gates feels this is worthy of staff study. IX ADJOURNMENT Moved by Comm. Traeumer, seconded by Comm. Johnson, to adjourn the meeting at 10:45 P.M. APPROV"J); Isl Jack Gates Chairman ATTEST: o deft r/Ó/.AAt M Director of Planning -13-