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PC 10-26-64 /' 10321 So. Hwy 9, Cupertino, Calir., 95014 80,000.4 252-4505 MINUTES TIME: PLACE: I II OF THE 8:00 C I T Y 0 F CUP E R TIN 0 Cupertino, California REGULAR MEETING OF THE PLANNING CO~~ISSION, October 26, 1964 P.M. Board Room, Cupertino School District Office SALUTE TO THE FLAG ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS: September 28, October 1 & 8 Comm. present: Frolich, Gates, Hirshon (8:10), Johnson, Small, Traeumer, Thomson Comm. absent: None Staff present: City & Traffic Planner Adde Laurin Recording Secretary Lois Inwards CORRECTION TO THE MINUTES OF OCTOBER lät: Page 1, para. 4, line 3; Comm. Traeumer said the word "overhead" should be deleted and the words "land improve- ment costs and amenities" should be inserted in its place. It was moved by Comm. Gates and seconded by Comm. Frolich to approve the Minutes of September 28th and October 8th and to approve as corrected the Minutes of October 1st. Motion carried, 6-0 III COMMUNICATIONS: A. Written: 1. Communication from County Planning Department regarding the Gardena Drive property on 'which the Cupertino Planning Commission recommended denial of the rezoning on May 11th. This body suggested R-24 instead, which now has been proposed by the developer and approved by the County Planning Commission. A subdivision map has been filed for this property. -1- IV 9-u-64 It was moved by Corom. Frolich and seconded by Comm. Traeumer to instruct the City Plalmer to write the County indicating that the Cupertino Planning Commission has no objection to this sub- division map and that they appreciate the cooperation on their previous request. AYES: Comm. Frolich, Gates, Johnson, Small, Traeumer, Thomson NOES: None ABSENT: Comm. H:!.rshon Motion carried, 6-0 2. Memo from the City Planner to the Planning Commission regarding the schedule for reworking of the work schedule on the new cluster ordinances. Chairman Thomson said this would be discussed further under Item V, UNFINISHED BUSINESS. B. Verbal communications. There were none. HEARINGS SCHEDULED: A. PARKER ENGINEERING CO. representing UNION OIL CO.: Application for a Use Permit for a service station at the SE corner of Saratoga-Sunnyvale Road and Pacifica Drive, within the PC-H zone. Second Hearing. Comm. Frolich asked for a resume of the requirements under the PC-H that must be met. The City Planner said they are controlled with Use Permits. He said the plot plan has been submitted. Mr. R. T. Green explained that he was on vacation at the time of the First Hearing but it was his under- standing that Parker Engineering has submitted a complete set of plans. They have already gone before the H-Control Committee with their model of the station, plot plan, landscaping plans, etc., and that body has approved the plans. Comm. Hirshon asked if Union Oil would own or lease the property. Mr. Green said they would own it. Comm. Frolich felt that before making any decision, the Planning Commission must be sure that it is indicated on tha map that this area is acceptable for a service station. -2- -af¡a1.rman Thomson a&ked for comruents from the audienCè. 'lbere were none. It waømoved b~ Comm. Traeumer and 8tconded by 0dIb. Small to clö6e the Second Betu'11'1g. 1IQtlon carried. 7-8 CQIIIn. H1rahon éO!i11tènted that thlt architécture certainly bas mer1t ¡' but he Is concerned abOUt the number ot service stations 1n Cupertino already. He wanted the City Planner's opinion about the number of service stations that W111 be ne.ded. ult1mately, to service Cupertino. The City Plannel" liJa14 there mlght be ä surplus now, but several more would be needed 11' the City gets to bé £ully developed. He said the 011 cOllq)anies want to- cet into. Cu-pertin.o now. real1dng the potential here. Mr. OI'een sald ,he: on))" otbér tJn10n 011 station here Is at Grant and Homestead. 11e c01llllented that if they don't Act now they WIll not be able to get into the town éenter. The7 are .1l11nC to bulld the best possIble staJ¡¡1o!t U. o~to set tb1a prime location. Comm. Fronch stated that the: Z'e81lon oities are per1ll1tted to 'l41.84r1.m1nate agaInSt" service stations 18 under the ~1&1ons or health. safety and welfare (due chiefly to. the underground storage of gas, etc.). A decision baséd lack of business potential is not lesal.Heretn1nded the Commission that they already have H¥Control approval. Comm. Johnson asked the C1ty Planner if there was going to be a profe;ssional building On the NE corner across the street from this location. The City Planner said that it will be on Pacifica Drive, back one lot from Saratoga-Sunnyvale Road. The City Planner said that if there is going to be a division between gas stations, etc., and banks, etc., in the town center that Pacifica Drive seems to be the logical boundary. It was pointed out that there will be two more service stations acrOBS Saratoga-Sunnyvale Road at McClellan. Comm. Fi'ol1ch did not feel that the Plarming Com- mission could tell· better tha"nthose 1!). the business whether or not they will do well ih a given location. -3- lo-u-64 Comm. Johnson wQ\1d_1'f2d,1fPPsslble the division between the tWo tYþ~fä"or.:¢o!l1!nê'Î"c·ial Use should be ,-.. "".:.. ,'," '.,: ~ .. ' .' "'",,~ f\ll'ther. south on S¡q¡.û11"oga -Sunr1yVâ.lë Road. He aSked'Whether we wånt a wel.l'def!1rlêd civic center ~r do we want the sel'vice sta·t'fon that, though des1gned very beautifully, might be incompatible on that side of the h1ghway. Camm. Small asked which way the station would face. Mr. Green said it would face south. He said there have been objections in the past to the open bays t'a<11ng the main streets and this is their answer to the objections. Comm. Small commented that if more service stations are going to be allowed in Cupertino, this would be an excellent one to have. It was moved b;y Comm. Fro11oh and seconded by Comm. Small that application 9-U-64 be approved, subject to the 12 standard conditions and any other condItions that may äþþly because of the PC-H zoning. AYES: NOES: Carom. Frollch. Small, Traeumer, Thomson Comm. Gates, H1rshon, Johnson Motion carried, 4-3 Mr. Green gave some literature to the Commissioners regarding facts about service stations which was prepared by the Union Oil Company of Ohio. B. UNITARIAN UNIVERSALIST FELLOWSHIP OF SUNNYVALE, CALIFORNIA: Application for a Use Permit for a Church site at Mary Avenue. Ficost Hear1!lg" Mr. John Maris, 1562 Lewiston Drive, Sunnyvale, a Trustee at the above-mentioned Church, spoke on behalf of the application. Chairman Thomson asked how much acreage is involved. Mr. Maris said it is about 1-1/2 acres. Comm. Traeumer asked about access. Mr, Maris said there will be two roads coming into and out of the property. There will be parking in both the front and the rear. He said they don't plan to build for a year or 80. Carom. Johnson asked if the Church would front on Mary Avenue and back up to the freeway. The answer was yes. -~ - ll-u-64 The City Planner said the neighboring property owners (Mason Enterprises) were contacted by his office and neither they, the City, nor the Church wants the local road shown in the Neighborhood Plan, which would intersect the property. Comm. Frolich asked what the width of Mary Avenue extension would be. The City Planner said this is still under discussion. It was moved by Comm. Gates and seconded by Comm. Hirshon to close the Public Hearings. Motion carried, 6-0 (Corom. Traeumer abstained) It was moved by Comm. Frolich and seconded by Comm. Gates to approve application lo-u-64, subject to the 12 standard conditions and 13: That the right-of-way be dedicated to the City for Mary Avenue to the satisfaction of the City Staff. AYES: Comm. Frolich, Gates, Hirshon, Johnson, Small, Thomson NOES: None ABSTAINED: Comm. Traeumer Motion carried, 6-0 C. C. M. BAER: Application for a Use Permit for a service station at the NW corner of Stevens Creek Blvd. and Saratoga-Sunnyvale Road. First Hearing. Mr. C. M. Baer, Stevens Creek Blvd., Cupertino, said that he has had a service station at the present location since 1915. In 1955 the State took 6' off his property and he then built a new building . I In 1963 the County took away another 4'. Mr. Baer said he would like to eliminate the garage. He has purchased a 50' lot to the rear and now has 150' x 150'. He said he had to have court action to terminate the lease on this property. Mr. Baer said that he and his wife travelled around the West this summer and looked at different types of service stations. They found one in Danville that they truly liked and wish to duplicate it on their property. It is of an Early American design. He said their home is filled with antiques and this style of station would tie in. -5- l3-V-64 Comm. Frolich aSked if the reason they could not rebuild the old station is that it was built under the County Use Permit. Mr. Baer brought out his old copy of his Use Permit for the Commission to inspect. It was not establir.hed who had issued it. The City Planner wanted it brought out that the street should be widened to the future widths required, which would include a right-turn lane. Mr. Baer said the proper radius will be made. He also assured the Commission that all H-Control requirements would be adhered to. Mr. Endicott, Engineer for American Oil Company, said they will be most happy to put in whatever the Planning Commission desires. Chairman Thomson aSked for comments from the audience. There were none. It was moved by Comm. Gates and seconded by Comm. Johnson to close the First Hearing. Motion carried, 7-0 The Chairman explained to the applicants that this would come up for the Second Hearing in two weeks. The Commission would like to have plot plans to look at at that time. D. HARRY CHOW: Application for a Variance in lot size; four lots adjoining 20686 Rodrigues Avenue. First Hearing. Mr. Harry Cappel, of Cupertino Realty, represented the applicant. He said this is a situation where this property was left out when subdivisions were built all around it. He said there is a three-car garage just north of the property line which~orth just as much as the land it is on. He explained there has been a Record of Survey, but there is no subdivision map. Comm. Frolich asked for the location of this garage. Mr. Cappel said it is almost up to the property line. Comm. Traeumer said his company happened to be the one that developed Paradise West. At the time the land was purchased for the subdivision it was the decision of Mr. Chow to retain these parcels. -6- The City Planner said this problem should have been foreseen by the landowner but, unfortunately, the problem is here. Under the circumstances, it seems to be best to accept a 70lf8 sq. ft. lot. This is 6% less than it should be. Although this has no direct bearing on this case, the fact that 5% of the lots in a subdivision can be up to 5% smaller than the required 7500 sq. ft. is offered as a comparison. Mr. Robert Shawn, 20678 Shelley Drive, said Mr. Chow made a mistake to begin with. Even if the lot size is improved, would the setback requirements be allowed? He said he had paced it off and it is 70 ft. from the back of the garage to the sidewalk. The City Planner said there should be 20' setback from the front and a 201 setback from the rear of the property to the rear of the garage. Mr. Harvet Nail, 2065 Shelley Drive, asked what kind of house would fit on this size lot and still be compatible with the neighborhood. The City Planner said it would have to be a long, shallow house, which actually can be very nice. Comm. Gates said he would like to require a building site plan at the Second Hearing for both parcels C & D. Comm. Johnson would like to have at the Second Hearing a listing of the variances required here. Comm. Traeumer asked how the City could control this property in case this variance is denied. Chairman Thomson said the City has brought suit against another property owner to Abate a Nuisance. Mr. Cappel said Mr. Chow is now making an effort to improve the appearance of this property. Site plans for Parcel D can be submitted at the Second Hearing, but any plans for Parcel C would be hypothetical. Comm. Frolich would like to have the staff check to see if a condition could be that a plot plan must be brought to the Planning Commission at least before a building permit is issued. He felt the Commission wanted to know what could be done and what will be done on this property. It was moved by Comm. Gates and seconóed by Comm. Johnson to close the First Hearing. Motion carried, 7-0 -7- l4-v-64 19-2-64 E. ALPHA LAND CO.: Application for a Variance; 48 sq. ft. flat type sign for apartment. First Hearing. Mr. Perry explained his company owns Valley Green and Town Center apartments. He said that at present, they have two "Apartment for Rent" signs that are within the ordinance requirements mounted on the rear of two of their apartment houses which can be seen from Saratoga-Sunnyvale Road. Mr. Perry said they would like to take down the two signs and have one 48' sign flat against the building. The City Planner said the permitted size is 25 sq. ft. for each of the buildings. Both he and the Building Inspector agree that one sign of 48 sq. ft. would be no worse than the existing signs. Chairman Thomson asked for comments from the audience. There were none. The City Planner advised that this should not be allowed to face Terry Way, only Saratoga-Sunnyvale Rd. Mr. Perry agreed to this. Comm. Gates said the only way this sign would look good would be if it faced straight up. It was moved by Comm. Frolich and seconded by Comm. Traeumer to close the First Hearing. Motion carried, 7-0 F. DON EXCELL: Application for rezoning from R-2-H to R-3-H; 0.8 acres east of Foothill Blvd. at Walnut Circle. First Hearing. Mr. Gene Masten, Civil Engineer, displayed a map indicating existing zoning in the area. Because these lots face onto Foothill Blvd. there would be difficulty in selling or renting them. Mr. Masten was asked why it would be easier to rent or sell at this location under R-3 than R-2. Mr. Masten said that in the case of R-2, the owners usually live in one of the units. People who live in apartments don't usually stay long. The proposed plans show four 2-bedroom units for each of the four buildings. also shown. and 3-bedroom A pool is Comm. Johnson asked about the property to the north of Walnut Circle. He was told there is a warehousing operation in the rear. -8- 8-u-64 ÇomllhFItol1ch.. of.,·the opin:Lon that the applicant êatttlot get the pz'oposed build1i1ga on ·-¡he lots. The City Planner said this can be accomplished by combining the four lots . into one. . 'l'he City Planner IS opinion is that this is far too . small an area for apartments; that it would be spot zoning. The duplexes are one-story and here we would have two-story apartments looking down onto ß1ngle-story duplexes. The proposed zoning would actually allow fourl!ìtor1es. AlthougÞ. the appl1cant's motives are not il· .quest10t\, ·the·re is aJ.wa:yB the possibility the property would be sold before it is built. . The City Planner also .aid the nu1l\bé!' of prage and parking spaCH 15 i~4eQµat;e "in. an Jt-3 ¡sone; parking in streets (in this case, Foothill Blvd.) would be necessary. He recognizes tm. fact tÞat t~are fewer children per unit living in apartments, but there would be some and there is no place for them to play without crossing Foothill Blvd. to reach the recently zoned park area. Mr. Masten said thére 1s about as much play this proposal as there is tor the duplexes. felt that it was better to haVe the traffic thoroughfares than on residential streets. It was moved by Comm. Gates and secondeð by .COIIIII. Johnson to close the First Hearing. Motion carried, 7-0 area in He also on major G. ROBERT C. LAMMERS: Appl1ca tion for a Use Permit for a 50' high amateur radio tower at 10534 Deodara Drive. First Hearing continued. The City Planner said the area was posted. The exist- ing ordinance calls for a maximum of 25' building height. Mr. Lammers briefly reviewed the information which came to light at the last meeting, and which can be found in the Minutes of the la8t meeting. He explained- that the manufacturer)s requirement is for 3/4 yard of concrete for a base. He used one yard of èoncrete.' Mr. Frank Harrison Ainsworth, Los Altos Attorney, said he was representing Mr. Harvey Encerpi~ who is opposed to this 50' structure. -9- CQltÌlÎh\~'Små>lr~ :.àSkedr·j¡f \1fhe;Ord;i..nanø·tLt).ad...any J.1gh:j¡ipg ,..',; ""'''''',', '.,', -, re{ ùlJ.¥èinènts~' He _s..;told there· are none. :'::'" Mr... Lammers said he had both sides and they are ·0 contacted the neighbors on not against this. Attorney Ainsworth said Mr. Encerpi lives three houses from t.he applicant. He said the objections are based on the fact that When they us looking at television they see the figureÐ on the screen but the conversation Ls that of Mr. Lammers or the person with whom he is conversing. Attorney Ainsworth said six or seven of the nearby residents are scmewhat reticent about coming forth and objecting to this application and perhaps causing a neighborhood feud. 'Comro.. QatÞ _ttA, the aPJjlU¢aUon 1s tor height limitation and the other factors introduced would come under F.C.C. Þul1ng. Just for the record, Comm. Gates said that I!.I 50' antenna *>uld interfere less wi th TV than a 1011æ1' one. Carom. Frol1oh said the apPUeant can. 1t' he. so desires, put up anotkeiJ' type ()if antenna that is within the heteht limitation but 1'1111 interfere more with te1ev1sion reception and will not be as attractive, ~ will it give the ~ppl1cant as good recé-ptiön. !I'Ir. Jean A. Gmelin. 10835 W1l1oWbrook Way, Cupertino, who 1s the Assistant Communioations Officer with the county of Santa Clera,Sðld the A.R.H.L. is a f1fty~ .,ear~o1d organiœtion Wh1ch promotes amateur radio -a.sa serviM, not Jt,DJt a hobby. It has 100,000 melllbers at the present time. Mr. Gmelin said that in the 1955 Christmas floods amateur rad10 operators handled thousands of emergency mesMge13. In the Alaskan earthquake last year on Good Friday, when the public util~tie8 Were out of commisSion, hundreds of thoUsams at emerge-ne-y meSBages were taken care of by these amateur radio operators, many right here in the :say Area. Mr. Gmelin said the TV interference can be solveð when the operator 1$ informed about the problem. Mr. R. Fitzgerald, 10420 E. Estates Drive, said he has been on both sides of this question. His advice would be to keep the antenna high to keep interference down. He felt the question of antennae should be handled separately from Use Permits, preferrably by the Bui1din~ Department. He said Redwood City has a practical Ordinance covering this problem. -10- Mr. Haas, 10545 Deodara, said he lives across the street from Mr. Lammers. He feels the antenna is a good looking one. He also agrees thoroughly with Comm. Gates that the higher the antenna the better reception and less interference. Attorney Ainsworth wanted the record to show that he feels the Planning Commission has no jurisdiction to pass on this matter at all. Chairman Thomson said this is not the question of whether or not there shall be radio, but whether or not a Use Permit should be granted for this antenna. Comm. Johnson said the Ordinance says "building" and "" "" nothing else. If building does incorporate tower then it would be in order for the Planning Com- mission to review the application. Also, the "health, " safety and welfare of the neighborhood enters in here. Comm. Johnson asked incorporate Itower" Ordinance encompass two questions: ''Does I building' " ''D ? and oes the Cupertino the Santa C lara County Ordinance?" The City Planner said that in this case, the Cupertino Ordinance replaces the Santa Clara County Ordinance. As towers and other structures are not explicitly mentioned in the Ordinance, he thought they should be considered buildings by implication. Chairman Thomson stated that in the new Ordinances we should set a minimum rather than maximum height for antennae. He asked the City Planner to contact Redwood City regarding their Ordinance on this subject. Comm. Hirshon felt the City Attorney should be consulted about this before a decision is made. He asked the Attorney whether his client has had his TV checked to see exactly what is causing the problem. Mr. Lammers said he has not operated his set for two months. Comm. Traeumer said buildings are str.uctures but not all structures are buildings. It was moved by Comm. Traeumer and seconded by Comm. Johnson to close the First Hearing. Comm. Traeumer withdrew .his motion and made the following motion instead. Comm. Johnson withdrew his second to the motion. £t was moved by Comm. Traeumer and seconded by Comm. Gates to close The Hearings. !f.otion carried. -11- Comm. Frolich said the Building Inspector evidently felt this should come under a Use Permit. Chairman Tho~son said the City Attorney's secretary had called his horræ before the meeting to say that he was ill and unable to attend the meeting. Comm. Traeumer explained how this Hearing was put over to this meeting to enable the City Staff to advertise this application and give the public a chance to come in and voice their opinions. Attorney Ainsworth repeated that he does not think the Planning Commission has any jurisdiction here. Chairman Thomson said the posters were put up and three have been torn down by an adult person. When a City or Municipality posts a notice it is illegal to tear it down. Mr. Ainsworth said he has one but he did not tear it down. Comm. Johnson repeated that we have a jurisdiction problem here and he would like to wait two weeks before making a decision. Comm. Frolich felt that if the Planning Commission acted upon it and it was then found to be out of the jurisdiction of the Planning Commission, that decision would then be null and void. It was moved by Comm. Traeumer and seconded by Comm. Gates to approve application 8-u-64 for a Use Permit for a 50' high amateur radio tower at 10534 Deodara Drive. AYES: NOES: Comm. Frolich, Gates, Small, Traeumer, Thomson Comm. Hirshon, Johnson Motion carried, 5-2 Chairman Thomson requested the City Staff investigate the Redwood City Ordinance regarding radio antennae so that we may have the best kind of antennae in the City. v UNFINISHED BUSINESS A. Proposed work schedule. A memo from the City Planner was given to the Commissioners. He said that he will have the Cluster Ordinance retyped by November 5th and it might be possible to settle it on November 12. -12- It was his opinion that this should be placed under Written Communications and be explained to the Public and that about 100 copies of the ordinance should be passed out to the audience for their perusal. Then, at the following regular Planning Commission meeting it could be given a Public Hearing, after the pUblic has had a chance to look at it. B. Comm. Gates is concerned about the increasing number of cars that sit out on the street all the time. He felt there should be a 24-hour parking ordinance. The City Planner said the number of off-street and garage parking spaces required in Cupertino at the present time is less than the number of cars in the City. There is great need to take a closer look at the parking ratio. The City Planner suggested this item should be post- poned until the next meeting. He would then present a memorandum. This was agreed upon. VI NEW BUSINESS A. Corom. Small said that he plans to propose a requiremert for all underground utilities in the City of Cupertino. VII ADJOURNMENT It was moved by Comm. Gates and seconded by Comm. Frolich to adjourn the meeting at 10 :45 Þ .M. Motion carried, 7-0 APPROVED : Isl Scott Thomson Chairman ATTEST: Od~ dlAM',iv-- City and Traffic Planner -13-