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PC 11-23-64 10321 South Saratoga-Sunnyvale Road 80, OOO.Lf 252-4505 C I T Y 0 F CU9':;~~ino , CUP E R TIN 0 Ca=-i:'ornié~ MINUTES OF THE REGULAR PL.~:¡:JING C(:¡'¡IIL;SI::'¡T !'l.2'.":TING - !DVEMBER 23, 1964 TH1E: PLACE: 8:00 P.N. Board Room, Cupertino O::c1,001 District Office I SALU'I'E TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS j\ EE·1'INGS: November 5, 9 and 12tho Commissioners Present: Frolich, Gates, Hirshon, Johnson, Traeumer, Thomson Commisôionerc Absent: Small Staff Present: City Cleric Larry Martin City Attorney Sam Anderson Recording Secretary Lois Imlards Moved by Commissioner Traeumer, seconded by Commissioner Gates to accept the minutes of November 5th. Motion Carried: 6-0 Corrections to the Minutes of November 9th: Page 7, Para. 3: Commissioner Traeumer vianted to elaborate on the narrowness of this lot for turn around. Page 9, Para. 1: the ;':econd ,~.entence fihould read as follows: "The City Attorney said they é'hould have an easement from the shopping center to th8 church." Page 12, Para. 4 shou~d read as follows: Traeumer noted th2~/ \",'ould ;""laV'2 100 I 1Hide looking frontage. 1;' "Commissioner lots --- spacious Moved by Commissioner Gates, seconded by Commissioner Traeumer to accept the minutes of November 9, lc;6 4 as corrected. Motion Carried: 6-0 Moved by Commissioner Gates, seconded by Commissioner Frolich to accept the Minutes of November 12, 1964. Motion Carried: 6-0 III COMMUNICATIONS: A VJritten: 81,016 1. RESIDENTS AT REGNART ROAD: Request that the Planning Commission initiate a plan study. The City Clerk said the petition, dated November 9, 1964, had twelve (12) signatures. Chairman Thomson said he felt this should be deferred for Staff study because he believed that there has been some rezoning in this area. The City Planner, who ~ac abcent this evening, h~d prepared a ma~or road plan for this area upon the request of the Planning Commission some months back and there was considcr~o12 co~mc~t ~~o~ the re8idents at the time of the presentatiol, of tl'ié: l'O:ld p:-'2:1. Moved by Commissioner Traeumor, s800nded by Commissioner Hirshon, to refer this letter and petition to the City Staff and to include in their report the identification of the area referred to; also to learn if these residents are aware of the rezoning of the property on both sides of Re2nart Creek from Regnart Road and Bubb Road and west for Mr. Crump. 1 Motion Carried: 6-0 2. Notice from University of California announc~ng a course being offered: Administration of PlanninG Action. B. Verbal: There were no verbal communications. IV HEARINGS ll-u-64 A. SCHEDULED: C.M. BAER: Application for a Use Permit for a service station at the J-.J'1J C01"ner of ,;tevens Creel, Boulevard and Saratoga-Sunnyvale Road. Second Hearing continued. Commissioner Frolich at the last meeting. and perhap~ it could by the Commissioners noted that the Second Hear:ing Vias closed He said he had prepared a Resolution be read at this time and discussion could follovJ : WHEREAS, the applicant has had a similar ~se of this property for many years, antedating similar uses permitted on two other corners of this intersection, and WHEREAS, a critical corner \-¡ould be vastly improved as to amenities and visibility, and WHEREAS, the proposal would replace an existing but less desirable use, and WHEREAS, no sound alternative use has been shown to be feasible during these Hearings, and WHEREAS, the City Staff has reported favorably on this application because of advantages accruing to the City, NOW, THEREFORE, be it resolved that application ll-U-64 is recommended for approval, subject to Exhibit B - 12 standard conditions, and 13. Improvements per City Engineer's satisfaction. 14. Additional frontage improvements in front of the restaurant parcel north of the service station. 15. Building drawings to accompany the application to H-Control as well as previous concept shown at First Hearing. 16. Landscaping according to the appropriateness of the importance of the corner. So moved by Commissioner Frolich, seconded by Commissioner Johnson. Chairman Thomson pointed out that the lot to the north is also owned by Mr. Baer, but it has a substantial building on it. To enlarge this corner development would involve tearing down this building. To the west, on Stevens Creek Boulevard, there are a couple of narrow commercial lots. He, too, felt the Commission should encourage large business developments, but there is not much room for a larger, better development here. In his opinion, this corner of the City has gotten off to a bad start. He felt a service station of the proper kind could vastly improve this corner. Commissioner Gates wanted to make a few comments on this: 1. He reiterated the problems involved where service stations are located on maj or cor'ners with right-turn lanes. He felt this would become hazardous. 2. Although it is pointed out it would only add 100' that same 100' is going to haunt us when it comes in for 2 rezoning. He paic: the 2élme problem exists at Blaney and Stevens Creelc. TheY'e is an L-shaped lot around the Shell Station. You could do tetter by, in some way, combining these lots and maicing a substantial development on it. Chairman 'I'homson said trc'.ffic will have to get in there no matter what kind of development goes in there. And Lots 13 and 14 are already zoned commercial so the Commission could not use that lever ',,0 guide future development on them. Commissioner Frolich, in commenting upon the property to the west of subject prop~rty, said that as soon as you put this applicant in the position that the Use Permit is dependent upon the condition that the other two parcels must be combined in the development, it would put this applicant in an impossible bargaining position. Commissioner Traeumer said no alternatives rßve been offered at these hearings. The property would just stay as it is; you can't take into consideration adjacent lots with existing uses. He could not see denying this application. Commissioner Gates said that, with the entrances reasonably far from the corner, he does not think it would be hazardous. He felt 150' or 125' would be ample distance, and the entrance is shown to be 13' from the right-turn lane. The next question involved what would be done with the rest of Stevens Creek Boulevard, which has many 50' wide lots. Commissioner Gates felt the Commission would have to face the problem of 50' wide and ve~J deep lots. He felt the procedence should be set now to get good, large, commercial developments here. Commissioner Frolich pointed out that zoning is not the question here. The City has no leverage to control de- velopment of this property. Commissioner Gates said he does not propose to stop de- velopment, but rather to steer development. With the growth of the City the value of this property increases. Chairman Thomson felt that if the City was going to be against service stations on this corner it should have been against others on this intersection. Commissioner Hirshon asked how long this station has been out of business. Mr. Baer said it is in business now; as a service station, it has been inactive about 1-1/2 years. Commissioner Traeumer asked the City Attorney why this applicant has to come in for a Use Permit when this was already in business as a service station. The City Attorney said Mr. Baer was advised by the City Staff to file a Use Permit. Commissioner Traeumer felt the Planning Commission would be in a sticky position if they denied this application. Commissioner Johnson wondered what would go on the SE corner of Saratoga-Sunnyvale Road and Stevens Creek Boulevard; another service Station? He felt that in a year or two they will get another application for a service station at this SE corner be~auce that is an appropriate use for that corn·~r. He wondered what kind of businEss will be going on Stevens Creek Boulevard between the service station anã the Bank of America if these small lots are not consolidated into one well- planned development. 3 Chairman rrhOtTI50n ca::"d our &.u.bbJr:1.ty is limited as to wh~!.l:; the City can do where the property is already zoned. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Frolich, Johnson, Traeumer, Thomson Gates, Hirshon Small MOTION CARRIED: 1[-2 - 1 Absent MINUTE ORDER: Moved by Commissioner Gates, seconded by Commissioner Traeumer, to direct the attention of the Engineering Department and I!-Control to pay particular attention to this application and to study carefully the traffic conditions. NOES: Commissioners: ABSENT:Commissioners: Frolich, Gates, Hirshon, Johnson, Traeumer, Thomson None Small AYES: Commissioners: MOTION CARRIED: 6-0 Commissioner Frolich requested this Minute Order be attached to the application folder. Chairman Thomson said this application would next be reviewed by the H-Control Committee. B. 14-v-64 ALPHA LAND CO.: Application for a Variance; 48 sq. ft. flat type sign for apartment. Withdrawn C. 12-U-64 CUPERTINO CHURCH OF THE NAZARENE: This item put to the end of the agenda. D. l5-V-64 E & R MOYERS: This item was put to the end of the agenda. E. 20-z-64 P. & R. ~~~RDA: Application for rezoning from R-l:B-2 to R-2-H of 2 acres at Vista Drive between Forest Avenue and Appletree Drive. Second hearing. Mr. Don Bandley, 21490 Columbus Avenue, represented the applicant. He asked for questions from the Planning Commission. There were none. Chairman Thomson asked for comments from the audience. There were none. Moved by Commissioner Traeumer, seconded by Commissioner Frolich to close the Second Hearing. MOTION CARRIED: 6-0 Commissioner Frolich commented that this is across the street from an office use and a parking lot. The type of R-l we want in Cupertino could not be built on these lots. He questioned whether FHA would approve a loan for R-l across from a semi-commerical use. Chairman Thomson commer:ted that several months ago essentially the 2ame application ..,as before the Planning Commission and there was considerable opposition to it. He added that ';he maj or part of this property is across the street from the sc1-:ool piayground. There already are two R-l homes acr033 the 3treet from this playfield and he felt this was a favorable location. There is 4 room for 14 homes here. He felt R-2 here would be a form of spot-zoning. Co:nmissioner Johnson agreed that this would be spot zonin¿. Commissioner Hirshon said the economic ::"actor of building a home directly across the street from a school should be weighed. The spot z~ning ::"actor. does not, in his opinion, outweigh the properly built R-2's. Commissioner Frolich asked if those two R-l's across from the playfield were not a p~rt of a large development? Chairman Thomson asked whether the residents want a City of renters or homeowners? Commissioner Hirshon commented on the shallowness of the lots and the fact that there are no objections from the residents at this time. Commissioner Johnson said they must consider present citizens and people who will be living here in the future. Moved by Commissioner Gates, Seconded by Commissioner Johnson, that application 20-z-64 because it does not differ substantially from the previous application considering the same property and the same rezoning and since, at the time of the previous Hearings there was considerable objection, and since that rezoning was found to be inconsistent with the tenets of City planning, that this application be denied. AYES: NOES: Commissioners: Commissioners: Gates, Johnson, Thomson F'rolich, Hirshon, Traeumer MOTION TIED: 3-3 - 1 Absent Chairman Thomson come up again in meeting. told the applicant this application would 3 weeks at the re;ular Planning Commission F. 17 -v-64 ALPHA LAND CO.: Application for a Variance to allow 10.4' sideyards, in order to make possible subdivision of property at Terry Way into three lots 140' wide. First Hearing. Mr. John Pasco, Attorney, 1271 North First Street, San Jose, presented a plot plan whereby the applicant wished to subdivide this property into three lots. He said this, as a total unit, does comply with the density requirement. However, it would not comply with the sideyard setbacks if approved. Instead, his applicant is asking for a 20' setback instead of 30'. If granted, the Alpha Land Company plans to: 1. Put grape stake fence across rear of the property. 2. Completely paint the units next spring. 3. Supply with City with a subdivision map establishing easements. Commissioner Gates had been reviewed. line a mistake has been called for to asked if the former application minutes Mr. Pasco said that somewhere along the b83n made and that his services have rectif:' this arid cake it legal. Commissioner Trae\.:mer as]¡ed if this modification is requested so the nmer can 2311 these individually. Mr. Pasco said he had no kno',:ledge of the owner wanting to· sell the property. He ,.'ants approval of the property. Commissioner Traeumer asked why Alpha wants tc subdivide this. Mr. Pasco said that the Alpha people thought this 5 would be the best possible solution to a problem of non-conformity. Commissioner Frolich was on the E-Control Committee at the time of the original approval and recapped, from memory, the proceedings. The City Attorney stated the Building Department con- sidered the lot as being divided into separate building sites. As an R-3, it appeared that there were 3 or 6 building sites. The applicant said no final map would be filed. The City A ttor'ney said there has been no mention of hardship here. He said we want to keep property easy to sell in this country, however. By refusing a variance as a disciplinary measure, we are continuing a problem that exists. Mr. Pasco said there are Second Deeds of Trust on this property. The plan is to refinance to improve this property. It is a hardship to have a piece of land of this size and quality but with the inability to do anything with it. It would be in the best interest of the City to get this matter cleared up. Commissioner Frolich said nothing was in his mind with regard to a penalty. This problem has come up several times in the City and he couldn't think of a solution to it. There were no comments from the audience. Moved by Commissioner Gates, Seconded by Commissioner Frolich to close the First Hearing. MOTION CARRIED: 6-0 The Staff was instructed to have the original rezoning minutes at the Second Hearing. G. 18-v-64 9-TM-64 PERT-CPM: Application for Variances to allow a Cluster Development of one-family houses, combined with a Common Area, inan R-24-H Zone, west of ~1ary Avenue. (Also Tentative Map, 5 acres +.) First hearinz. Commissioner Traeumer abstained from this hearing. Mr. Lou Tersini, representing PERT-CPM, told the Planning Commission that the City Council had ruled that this application could be treated as a Variance rather than amending the R-24 Ordinance. Mr. Tersini said the interior street is to be a public street. He was of the opinion that a 60' Mary Avenue extension had been fairly well established. Commissioner Gates asked the applicant how they planned to enforce the "No Parking" on the interior streets, to enable the four moving lanes of traffic. Mr. Tersini felt this could be best handled the same as it will be on Mary Avenue; possibly "No Parking" signs. Mr. Mike McDougplJ., of Ruth & Krushkhov, explained the Tentative Map. He said normally the 60' street wculd provide two parking lanes and tviO moving lanes. Parking bays will be provided at certain intervals to eliminate the parking on the street. He said they planned to dedi- cate the 20' streets to the City. The City Attorney re- ferred to the Streets and Highways Code, which says they should be 60' or, by Resolution, they can be reduced to 40' . 6 Mr. Jack Kuzia of MacKay and Somps, was of the opinion that a 30' right-of-way would be legaL 11r. Tersini said a 60' street has 36' of paving. Comm. Gates felt that in previous discussions of cluster zoning, tne aim was to allow creativity, H<ò did not feel much imagina- tion had gone into this develop¡;¡ent plan. This was not his idea of a cluster plan. Chairman Thomson called for a 5 minute break to ena.ble the Com- missioners and the audience to come for·ward and take a close look at the Tentative Map. Comm. Frolich wondered if the Fire and Police Departments would have anything to say about the interior street widths. He would like to have comments from them at the Second Hearing. Mr. Tersinl said the Tentative Maps will go out to these agencies before the Second Hearing. MINUTE ORDER: Moved by Comm. Frolich, seconded by Comm. JOhnson, to ask for replies from the Sheriff's Dept. and the Fire Marshall on this Tentative Map; applicant to call to their attention that it is a 20' paving that is being proposed. AYES: Comm. Frolich, Gates, Hirshon, Johnson, Thomson NOES: None ABSTAINED:Comm. Traeumer ABSENT: Comm. Small Motion carried, 5-0 Comm. Frolich noted repetition of street names and wondered if the Post Office Department would have some comment on this. Comm. Gates would like Mr. Tersini to think seriously about how to prevent parking on these narrow streets. Comm. Frolich wanted to know how the applicant proposes to locate units 32 - 37 with addresses. Comm. Gates noted that some units were as far as 350' from their parking space. Moved by Comm. Hirshon, seconded by Comm. Gates, to close the First Hearing. Motion carried, 6-0 C. 12- u-64 CUPERTINO CHURCH OF THE NAZARENE: Application for a Use Permit for a church site at the SW corner of Wolfe Road and Richwood Drive. Second Hearing. Mr. George Oakes, one of the property owners, said he had met again with Mayfair Market and they will sign a written stipula- tion to allow parking. This is not an easement because it affects their financing. Comm. Frolich asked about the possibility of additional parking behind the Mobil Station. Mrs. Dorothy Webb, 19640 Redberry Drive, Los Gatos, the attorney representing neighbors who protest this Use Permit had the fol- lowing comments: 1. She has filed with the City Clerk the withdrawal of names of people living in the neighborhood of Vicksburg Drive who had signed the Minister's petition. It seems they were misinformed as to the use of the property. 7 2. She read a copy of the letter she has written i.n protest to this Use Perm:l to 3. She said thE) people would ll.ke a copy of the petition by the church to make sure the people wh.o signed it are propert;y owners and not renters. Chairman Thomson said no petition has been filed, to date. Mr. Oakes then presented this petition, signed by 110 neighbors who are in favor of this church. He said he wanted to add the comment that a church is not a business. It meets infrequently and at hours when other businesses are at their lowest ebb. Mr, Oakes said they have been open and honest and very optimistic about their plans. The ultimate size of the church therefore, shows that the parking is inadequate. Nothing other than a church is planned for this property. Signs have been posted on the property indicating this is a church site. Mr. John Zehms, 10165 Vicksburg Drive, said that when he purchased his home, Mr. Oakes had passed off that those vacant lots are R-l. The City Attorney stated that the Planning Commissioners can take into consideration whether or not those people who have signed the petition are renters or property owners. Mrs. Zehms had noted full-page ads in the newspaper indicating four services throughout the week. Mrs. Zehms had gone over to the Mayfair Market at 10: 30 A.M. the previous Sunday B.nd there were only 22 empty parking spaces. Comm. Hirshon asked what the expected congregation would be. Mr. Oakes said the sanctuary would seat 300. There are 50 members now. The off-street parking that is planned would house them nicely for some time to come. Mrs. Doris Anderson, 10536 Davison Avenue, said they do not anticipate full capacity for sOme time. Comm. Johnson asked about how many of the 60 families represented on the petition are apartment dwellers. The Minister said he could not say; he would have to go back over the territory for this information. Comm. Frolich said there were about 70 single family homes there. It was moved by Comm. Hirshon, seconded by Comm. Gates, to close the Second Hearing. Motion carried, 6-0 Comm. Frolich was not at all satisfied with the parking spaces here. Maybe the congregation never will become this large, but what if it does? If this Use Permit is granted, he feels careful attention should be given to the insulating of the church property from the R-l. The City Attorney asked if the Ordinances are being met, based on the applicant's proposal. He asked if it is good planning to allow a church with inadequate parking facilities. Comm. Johnson said we have churches in the area who are providing the required parking facilities. Moved by Comm. Frolich, seconded by Comm. Hirshon, to table this matter until the next regular meeting, and to request a report from the Building Inspector and to request the a.pplicant bring in something more concrete in regard· to the parking problem. ÀYES: NOES: ABSENT: Comm. Frolich, Gates, Hirshon, Johnson, Traeumer, Thomson None Comm. Small Motion carriedJ 6-0 8 D. l5-V-64 E. & R. MOYERS: Appl~cation for a Variance to extend a building to within six feet of the property line at 22480 Starling Court. Second Hearing. Dr. Moyers distributed copies of a diagram to help clarify posi tion of his property. ¡Us is lot 6 of the cul-de-sac. said he now has a 3-bedroom house and he needs 4 bedrooms. cannot build up because he has trees that would have to be destroyed in order to do this, He wants a w:!.ndovlless wall closets on the rear wall to Insulate f'rom the noise at the the He He wi.th rear. As to the sewer easement, Dr. Moyers had checked with the City Engineer, and he did not under'stand how an addition of a room to this home would involve this sewer easement; no additional bathroom is contemplated. If he cannot add on, Dr. Moyers said he must sell this home and purchase a larger one because he is outgrowing this one. He does not feel he would be creating too many problems with this addition. Chairman Thomson asked Dr. Moyers about the elevation. Dr. Moyers said the people at the rear are 2' higher than he is. Chairman Thomson asked for comments from the audience. Mrs. Marguerite Gilber,t 10562 N. Foothill Blvd., said she does not feel Dr. Moyers will stay at this home and it would not help her property value. All she would have to look at would be his roof' if this addition were allowed. Comm. Johnson felt that, with the expectation of more people in that house, there are more chances of having something go wrong with the sewer. If your backyard is torn up, is it replaced to the exact condition it was before it was torn up? No, these things are not replaced. Moved by Comm. Traeumer, seconded by Comm. Frolich, to close the Second Hearing. Motion carried, 6-0 Comm. Traeumer commented that when a person purchases a home in a subdivision it is usually as well suited and about the right size f'or the lot since the developer has explored all these factors before building. Therefore, if a property owner needs a larger home it probably would be wiser to sell the present one and purchase a larger one, rather than try to make the present one larger. If we are to allow var'iances to occur we are setting a precedent. Comm. Hirshon referred to the rules for granting variances. On that basis, he said he would be opposed to this variance. Comm. Frolich felt the sewer easement factor was not germane to the problem here. The existing rear setback is 19' 6", but when you actually go out and see the building on the lot, this seems like a small setbac!c in relation to its setting. Comm. Johnson said his reasons for bringing upt the sewer easement factor is that possibly some reciprocal agreement could be made between the neighbors, should the problem ever come up. Moved by Comm. Traeumer, seconded by Comm. Hirshon, to deny application l5-V-64. AYES: Comm. Frolich, Gates, Hirshon, JOhnson, Trae~~er, Thomsen NOES: ABSENT: None Comm. Small Motion carried, 6··0 9 V. UNFINISHED BUSINESS A. rUsce11aneous 1. P. CAMARDA: Record of Survey; 4 parcels of lot #34, SVl corner of Blaney Ave. &: FOr'est Ave. Continued. Mr. Camarda, 10191 N. Blaney, said this lot is 150' wide x 34' deep. He has moved a house onto this lot and wants to see what improvements must be put on it. He said he was not infol'med that a Tentati.ve Map was required. The City Attorney sa:id the question is, does he have to improve only Lot C or all four lots. The City Planner's report says Lot C improvements would be reasonable. Mr. Camarda says he does not own all four lots. Moved by Comm. Gates, seconded by Comm. Hirshon, to continue file No. 51,151 to the next regular meeting. VI NEW BUSINESS There was none, VII ADJOURNMENT Moved by Camm, Fro1ich, seconded by Comm. Gates, to adjourn at 11:30 P.M. to November 30th, 8:00 P.M. at City Hall. APPROVED: Isl Scott Thomson Chairman ATTEST: o dr 0.. ~1'1/i! vi^,- City and Traffic Planner 10