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PC 09-28-64 -- 10321 So. Hwy 9> Cupe~tino, Calif., 95014 80,000.4 252-4505 C T Y 0 FeU PER TIN 0 \. MINUTES OF THE REGULAR ¡MEETING OF THE PLANNING COMIUSSION, Septemb8r 28, 1964 PLACE: Board Room, Cupertino School District Office TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS: September 3 and 14, 1964 Commissioners present: Frolich, Gates, Hirshon, Traeumer, Thomson Commissioners absent: Johnson, Small Staff present: City Attorney Sam Anderson City & Traffic Planner Adde Laurin Recording Secreta:"y Lois Inwards Correction to the Minutes of September 3, page 2, para. 6: Comm. Traeumer said he had stated chat a clu~ter developer would be more iaterested if the density ¡.¡-ere increased. rather than the same as R-l, ---~.._-- Correction to the Minutes of September 14, page 2, last para.: Chairman Thomson indicated the Minutes should also record that he had said, "The property that is annexed to the City and zoned Industrial would be developed to the high stan- dards of our zoning ordinances," It was moved by Comm. Gates and seconded by Comm. Frolich to accept the Minutes of September 3 and l4 as amended. Motion carried, 5-0 III COMMUNICATIONS: A. Written: 1. CorrJ!11.'l1icat:lcJn fr'om tn.e County listing recommended book~ on Z,~·'··",·? ¡,J .--.·...·-.0' -i- The City Attorney quoted Section 412 of t~e Sign Ordinance regar-tUng a.pproval of temporary signs, He then refer:""ed. t.o the ch[,.:,'c· a)]'~ quoted :,peciflcations for temporan:'y si.gns, 'fhe City Attorney then said that if these apartments have never been occupied. it would come under the Subdivision Ordinance, It e.preared. to him that a Permit is required here, not a Variance, Chairman Thomson said he was concerned about the repercussions since there are many new) unoccupied apartments in the West Valley. A two-week postponement was suggested by Comm. Hirshon to give the Cow~issioners a chance to visit the site and to study the case. He would also like to have the Building Inspector's views on the situation. Chairman Thomson asked the applicant if he was requested by the Building Inspector to remove the signs. Mr. Schneider said that he was. Comm. Traeumer asked what constl.tuted completion of a development, It was his educated guess that it would be cOmpleted when a lease certificate of occupancy is issued. The City Attorney commented that if this were granted it should probably be temporary; that it should be for 6 months or until the last unit is filled; that the safety factor of the sign should be cleared with the Building Inspector. Comm. Traeumer asked the applicant when the first unit was rented, Mr. Schneider said it was a year ago October. There is a total of 123 units and all but 12 are on leases. He mentioned that their aim is to get semi-permanent residents, not transients. The City Attorney again pointed out that we should avoid the Variance here and concentrate on a Permit for the sign. Comm. Traeumer first put up. year ago, when asked the applicant when the Mr. Schneider said it was at they first opened. signs were least a Comm. Traeumer said he would not be opposed to con- sidering a permit for 3 months extension of this sign, but he would hesitate to extend this permit beyond 3 months. Comm. Hirshon felt that as long as a permtt is being granted here, they might as well go to 6 months or until the last unit is rented. However, there should be a maximum time limit of 6 months. ~3- Comm. Frolich said he agreed with Comm. Hirshon. He felt this should be a 6 months permit rather than a variance. The City Attorney added that granting of a perm:!.t would include an appropriate safety inspection for the weight of the sign, to be inspected by the Building Inspector. It was moved by Camm. Tr'aeumcr a.nd seconded by Comm. Frolich to grant a temporary permit (not underll-V-64) for 3 months or when all are occupied, whichever is sooner, with the condition that an extension of this period may be allowed by the Planning Commission upon receipt by that body of a subsequent r'eport at the end of that time indicating the need for an extension. Comm. Frolich amended this motion to read 6 months instead of3 months to avoid cluttering up the Planning Commission Agenda unnecessarily. This amend- ment was seconded. by Comm, Traeumer. Vote on the amendment: AYES: Comm. Frolich, Gates, Hirshon NOES: Comm. Traeumer, Thomson ABSENT: Comm. JOhnson, Small Amendment carried, 3-2 Vote on the original motion: AYES: Comm. Frolich, Gates, Hirshon, Traeumer, Thomson NOES: None ABSENT: Comm. Johnson, Small Motion carried, 5-0 l2-V-64 B. K. L. KNAPP: Application for a Variance; to allow a 6' fence in lieu of a 3' fence, at 22344 Riverside. First Hearing. Mr. Knapp presented maps substantiating his case. He said his is Lot #87, Deep Cliffe Estates, a corner lot. The lot is 80 x 100. The grade drops considerably. Mr. Knapp's arguments for the 6' fence were thus: 1. To create a sensible service area. 2. He would like the live oak tree inside the fence so he can take care of it. The developer keeps cover- ing it up with dirt and it is his understanding that this will kill it. -4 ~ The City Planner was requested to try to obtain Comm. Frolich said he felt this should be a variance. ..is agreed with Yjmm. Hirshon. He l' 6 ffionths pe~mit rather than a The City Attorney added that granting of a permU would include an appropriate safety inspection for the weight of the sign, to be inspected by the Building Inspector. It was moved by Comm. Traeu~cr and seconded by Comm. Frolich to grant a temporary permit (not under ll-V-64) for 3 months or when all are cccupied,whichever is sooner, with the condition that an extension of this period may be allowed by the Planning Commission upon receipt by that body of a subsequent report at the end of that time indicating the need for an extension. Comm. Frolich amended this motion to read 6 months instead of3 months to avoid cluttering up the Planning Commission Agenda unnecessarily. This amend- ment was seconded by Comm. Traeumer. Vote on the amendment: AYES: Comm. Frolich, Gates, Hirshon NOES: Comm. Traeumer, Thomson ABSENT: Comm. Johnson, Small Amendment carried, 3-2 Vote on the original motion: AYES: Comm. Fl'olich, Gates, Eirshon, Traeumel', Thomson NOES: None ABSENT: Comm. Johnson, Small Motion carried, 5-0 l2-V-64 B. K. L. KNAPP: Application for a Variance; to allow a 6' fence in lieu of a 3' fence, at 22344 Riverside. First Hearing. Mr. Knapp presented maps substantiating his case. He said his is Lot #87, Deep Cliffe Estates, a corner lot. The lot is 80 x 100. The grade drops considerably. Mr. Knapp's arguments for the 6' fence were thus: 1. To create a sensible service area. 2. He would like the live oak tree inside the fence so he can take care. of it. The developer keeps cover- ing it up with dirt and it is his understanding that this will kill it. -4,- 3. Traffic is becoming quite heavy here (although he can't think of &ny reason for it) and the headlights glare right into the kitchen aEd family room windows.. 4. It is Mr. Knapp's be lief that this 6' fence would enhance rather than detract from the area. 5. There is a svdmming pool here now so he needs a 5' fence in the are~ anyway. Comm. Frollch felt that this is a typical example where a variance would be in order. Chairman Thomson wanted to know how far this 6' fence would be from the curb line, saying that perhaps there is no traffic on the side street now but there may be in the future. Mr. Knapp said it would be 14' from the curb line. Chairman Thomson felt this would give motorists ample vision. The City Planner stated that at present, this is a dead end street but may not remain so. However, he added that he had no objections to this application. The City Planner then quoted from the Ordinance wherein there must be a 20' front yard setback and a 6' side yard setback except for corner lots, as in this case, where the side yard adjoining a street shall be l2'. Chairman Thomson asked for comments from the audience. There were none. It was moved by Comm. Gates and seconded by Comm. H:!.rshon to close the Public Hearing. Motion carried, 5-0 It was moved by Comm. Gates and seconded by Comm. Froliæ to grant the Variance under application l2-V-64. AYES: Comm. Frolich, Gates, Hirshon, Thomson NOES: Comm. Traeumer ABSENT: Comm. Johnson, Small Motion carried, 4-1 9-u-64 C. PARKER ENGINEERING CO. representir~ UNION OIL CO.: Application for a Use Permit for a service station at the SE corner of Saratoga-Sunnyvale Road and Pacifica Drive, within a PC-H Zone. First Hearing. Mr. R. T. Green, Real Estate Representative for Union Oil Company of Calj.fornia, presented a model of the proposed station, indicating certain variations: r -.....- ~ 1. Spanish tile roof. 2. landscaping on the corner radius. 3. Facade of the building will be field stone material. 4. No advertising on the canopy or roof line. 5. Area within the building provided for vending machines so they will not have to stand outside. 6. Side and rear entries for lube jobes, etc., to help conceal barrels, etc., from passersby. 7. A 5' diameter stationary, illuminated (but not flashing) sign to be installed at the corner. The City Planner said that this is within the Planned Community, which is presently controlled only by Use Permits. There may be different commercial uses within the PC -H Zone: banks, etc., on one hand i gas stations, etc., on the other. It is the recommendation of the City Planner that Pacifica Drive should be the dividing line. The proposed gas station would fit in, but similar uses should not be allowed north of Pacifica Dr. Comm. Frolich asked if the requirements for a Use Permit of service stations include plot plans, etc. Copies of such plans were then handed out to the Commissioners. It is within the scope of the H-Control Committee to review the architecture and landscaping. Chairman Thomson said the Planning Commission is only to decide whether or not this is a good location for a service station. The City Planner said that this is PC-H zoned but it is to be treated as C-l within the PC-H. Mr. Ralph Beasley, 21613 Terrace Drive, asked the Commission if there actually are to be service stations at the SW and NW corners of McClellan and Highway 9. This was affirmed. Mr. Beasley asked if there is some correlation between population and number of service stations allowed. The City Attorney said there was none. He said the courts have, based on police power, required limitations on the number of service stations within an area. He said that, although a safety factor is considered here, nei~her he nor his colleagues could cite an instance where there was a suit whereby a service station tank blew up. Mr. Beasley said he was concerned that all our corners are going to be taken up by service stations. They are even getting into the residential area$. He was reminded that Cupertino is in the part~cular position where several main traffic arteries cross its borders. -6- Comm. Hirshon asked i1' U,Üun Oil hI''' any <:>ther ô'ùaticns in the area. Mr.. Green saLd thccre is one at Homestead and Grant. 'the statJon 3.t Pac5.L;..CiL Dr:L'I('è Hill cost approximately $55,600, wh:tch is $11000 to $5000 more than the one at Homestead and Grant. It was moved by Comm. Traeumer and seconded by Comm. Hirshon to close the First Hearing. Motion carr:ted, 5-0 Chairman Thomson instructed the applicant that the Second Hearing would be on October 26th. 8-u-64 D. ROBERT C. LAMMERS: Application for a Use Permit for a 50' high amateur radio tower at 10534 Deodara Drive. First Hearing. Mr. Lammers said this is a 24' aluminum brace tower with a 26' mast. It is a vertical antenna, set in concrete. It can withstand a 530 pound wind force -- which is the equivalent of a 100 MPH wind. This has been constructed on the back side of his yard, behind his garage door. Mr. Lammers said the Building Inspector had advised him that he must obtain a Use Permit for it. The City Planner said he has no objections to this structure. . Mr. Lammers wa-s asked whether he had talked with any of his neighbors to see if they had any objections. He said that he had not. This antenna has been up since August, and Mr. Lammers said nobody has come to him and objected. Comm. Hirshon asked why the antenna is so high. Mr. Lammers said it must be to operate at the lower frequencies and these are the bands in which he operates. Comm. Traeumer said he would like to knoW at the Second Hearing if this is well received by the neighborhood. Mr. Laurin Acker, 10510 Deodara Drive, said he lives in this neighborhood and has seen this antenna. He said that it is a nice looking tower, although he would like to see it a little farther to the rear of the property. Mr. Lammers was asked what it weighs. He said it weighs 80 pou.nds and iz covered by insurance. -7- Chairman Thomson asked if there were any further comments from the audience. There were none. Chairman Thomson felt it would aid his case greatly if Mr. Lammers obtained letters of approval from his neighbors. Mr. Lammers said this would be impossible because he teaches during the day and works at the post office at night. Comm. Frolich didn't see where this would be necessary since it is an application fOl' a Use Permit, not for a Variance. Comm. Gates said this antenna provided safety from lightening for the entire neighborhood. Comm. Hirshon felt the fact trßt this would be setting a precedence should be considered. Comm. Hirshon asked the City Planner what the intent of the height limitation is. The City Planner said it is so that one building or structure should not overshadow another. It was moved by Comm. Gates and seconded by Comm. Hirshon to close the Public Hearings. Motion carried, 5-0 It was moved by Comm. Gates and seconded by Comm. Frolich to grant Use Permit No. 8-u-64. AYES: Comm. Frolich, Gates NOES.: Comm. Hirshon, Traeumer, Thomson ABSENT: Comm. Johnson, Small Motion failed, 2-3 Comm. Traeumer moved the applicant should be required to secure letters of approval from property owners on either side and the 3 nearest neighbors at the rear of· his property. There was no second to this motion. Comm. Hirshon said he would like another Hearing to give any neighbors who object a chance to make themselves heard, and also to give him a chance to study the case. It was moved by Comm. Hirshon and seconded by Comm. Traeumer to reopen the Public Hearings. AYES: Comm. Hirshon, Traeumer, Thomson NOES: Comm. Frolich, Gates ABSENT: Comm. Johnson, Small Motion ca~ried, 3-2 -8- The City Planner offered to post notices. It was moved by Comm. Hlrshon and s2conded by Comm. 'rraeumer to continue the PublIc Hearings to the next regular meeting., AYES: NOES: ABSENT: Comm. Hirshon, Traeumer, Comm. Frolich, Gates Comm. Johnson, Small Thomson Motion carried, 3~2 It was moved by Comm. Traeumer and seconded by Comm. Thomson to have the Planning Department post notices on the public ways. AYES: NOES: ABSENT: Comm. Hirshon, Traeumer, Comm. Frolich, Gates Comm. Johnson, Small Thomson Motion carried, 3-2 V UNFINISHED BUSINESS A. Miscellaneous 1. Chairman Thomson reminded the Commissioners of the Bond Election coming up and urged them to remind people to come out and vote. 2. Cupertino City Council and Planning Commission beat the Mountain View City Council and Planning Commission at baseball. Score: 8-7 Winning pitcher: Bob Johnson VI NEW BUSINESS A. Miscellaneous 1. After setting up the ordinance work sessions for the second and fourth Thursdays, ~Ie have run into a snag. Both Thanksgiving and Christmas Eve occur on work session nights. Chairman Thomson felt that perhaps this schedule should be re-evaluated. 2. Mr. Laurin Acker asked who was in charge of the freeway landscaping. He was told to contact the San Francisco office of the State Department of Public Works, Division of Highways, Mr. Black. -9- Comm. Frolich understood that previously there were no plans to landscape the freeway in this area until it is built up, but that the thinking here may soon change. There is some o.rg'-~ment that the landscaping should· be done now so that when this a.rea is built up it would be filled áDQ matured. He referred Mr. Acker to Mr. Burrell Leonard, of Vallco Park. 3. Mr. Laurin Acker a,1kGd whose responslbility it is to see that the schúols are landscaped. He noted that Portal School is not landscaped. He was told that the City has no jurisdiction over this; that he should contact the Cupertino School District Office for information. VII ADJOURNMENT It was moved by Comm. Traeumer and seconded by Comm. Hirshon to adjourn the meeting at 9:50 P.M. Motion carried, 5-0 APPROVED : /s/ Scott Thomson Chairman ATTEST: Oc1ck ddu.-v'ti "'" City and Traffic Planner ..10.-