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PC 12-11-67 'J~1l''''- ..~.,·-······-".·v·- .1,./ 10300 Torre Ave., ,pertino, Calif. 95014 .';, Phone: 252-4505 _______________~---------------------------------~L---__________________ PC-27 80,000.4 C I T Y 0 F CUP E R TIN 0 California MmUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION December 11, 1967 8:00 P.M. Held in the Council Chamber, City Hall, 10300 Torre Ave., Cupertino, Calif. I SALUTE TO THE FLAG II ROLL CALL Comm. present: Bryson, Frolich, Horgan, Hirshon, Buthenuth Staff present: City Attorney, Ssm Anderson Director of Planning, Adde Laurin Director of Public Works, Frank Finney Assistant Planner, James Nuzum Recording Secretary, E. Stobie III MINUTES OF PREVIOUS MEETING, November 27, 1967 Comm. Frolich brought to attention that the parking requirements are crucial to application 27-U-67. They are mentioned on page 4 of the minutes but might have been emphasized. Moved by Comm. Frolich, seconded by Comm. Horgan, to approve the minutes of November 27, 1967. Motion carried 4-0 (Comm. Hirshon abstaining) IV ANNOUNCEMENT OF POSTPONEMENTS, etc. The Planning Director stated that the scheduled joint meeting of the County and City Planning Commissions would collide with the City's annual dinner for Councilmen and Commissioners on December 14. Attempt is being made to reschedule the joint meeting for Thursday, January 11, 1968, the date to be confirmed later. The Commissioners had no objection to that date. January 31, 1968, is the deadline for the City's comments on the Prelim- inary Regional Plan being prepared by the Planning Department of the Association of Bay Area Governments. It has been difficult to put this item on the agenda of the Planning Commission, considering long meetings and scheduling of extra sessions for other purposes. The Planning Director suggested that it might be placed on the agenda for the proposed January 11 meeting after the joint session with the County Planning Com- missioners. It is not intended to be a public hearing; the public has had another opportunity. Chairman Buthenuth stated that the suggested arrangements would be acceptable. -1- PC-27 Minutes of the Decem.. _r 11, 1967, Planning Commission ~eting ------------------------------------------------------------------------------ The Light Industrial Ordinance, 220(j), has been reactivated on the agenda. As previously decided by the Planning Commission it is sched- uled under Unfinished Business, not as a public hearing. When some kind of progress has been made it will be readvertised for continued public hearings. V WRITTEN COMMUNICATIONS A letter from the City of Sunnyvale would be read in connection with the public hearings on applications 21-Z-67 and 29-U-67. VI VERBAL COMMUNICATIONS There were none. VII PUBLIC HEARINGS 28-u-67 A. DONALD N. PRITZKER and JOSEPH SILENO: USE PERMIT for apartment project (100 units) iri a Planned Development (p) zone, west side of'Blaney Avenue, appro~. 350 feet south of Stevens Creèk Boule- vard. First Hearing. Joseph Sileno, 2220 Camino Allago, Atherton, presented a site plan. He proposes to develop the 6.3 acre site with 2-bedroom, multiple family units, 100 units, and at this time wants to estab- lish population density and to.obtain a Use Permit for the project. Comm. Bryson asked him if the 6.3 acres were to remain one undivided lot; the answer was affirmative. The Planning Director stated that the proj~ct is within the Planned Development (p) zone originally intended to be the downtown of the Cupertino trading area. The original plan for this zone comprised two sections, one commercial and one for apartments, the latter divided in one area for high-rise buildings and one for lower. The project now under consideration is within the latter apartment area and conforms in that respect. However, a Planned Development zone should not be planned piecemeal. It may be developed in stages according to an overall plan, which can be revised in its entity from time to time. The Planning Director continued to sa:y that as exhibits were submitted only a couple of days in advance of the hearing, there has not been sufficient time to evaluate the plan in its relation to adjacent part of the Planned Development zone and to the overall street system. He reque"ted this matter be con- tinued until the next regular meeting in order to permit the Director of Public Works and himself to thoroughly study it. Comm. Frolich wanted to know how the now presented plan deviates from the original plan, especially relating to the street system, and questioned whether there should be a public street from Blaney Avenue through the area now being considered. He asked about density; the Planning Director answered that this project would meet the density requirements of the Planned Development Ordinance. -2- PC-27 Minutes ¡: the December 11, 1967, Plann:L.~ Commission Meeting -------------------------------------------------------------------------....-- Comm. Frolich would like to see a downtown area established in this area. The Planning Director said that copies of the original plan would be obtained for redistribution to the Commission before the next hearing. The applicant stated that in the original plan the north 30 feet were reserved for future street purposes to fit in with the approved master plan of the City. He had no objections to continue this matter to the next regular meeting. Comm. Horgan asked about high rise development and also about scheduled improvement of Blaney Avenue. The Director of Public Works said that the City Council has approved limited improvements on Blaney; however, he did not know how this would affect streets of the planned project; a full report could be presented at the next meeting. The City Attorney ex- plained assessment proceedings to applicants and how this would help their development. Comm. Horgan mentioned the probable traffic congestion on Blaney Avenue after complex is built. Moved by Comm. Hirshon, seconded by Comm. Bryson, that application 28-u-67 be continued to the first regular meeting of the Planning Commission in January . Motion carried 5-0 Mrs. Teddy Parmite who lives in the Somerset tract, located next to this planned development, asked if this must be developed as an apartment area or could be rezoned for some other use. The Planning Director answered that other uses could be determined through the Use Permit procedure if apartment development is deemed not suitable for the area. 21-Z-67 29-U-67 B. JOHN MACGOWAN: REZONmG from Public Park or Recreation (BR) zone to General Commercial (CG) zone, and USE PERMIT for Service Station. 7/10 acre NW corner of Bernardo Avenue and Homestead Road. First Hearing. The applicant, John MacGowan, 12106 Christy Lane, Saratoga, stated that he and his partner had bid on this property five months ago when it was first offered for sale; the property was then returned to the State. When it was auctioned the second time, they were the successful bidders. The Junior High School is set back about 200 yards on the northern end of the 20-acre site across Bernardo Avenue. As there was concern about school children who cross Bernardo Avenue going to the west side of the freeway, the applicants propose a 6-foot fenced walkway along the back of the station. He contended the location an ideal one for a service station as it is completely removed from homes, so there is no noise or lighting factor to be considered. He feels it will create less traffic than an office complex which would not be as economical as a service station. He replied to a question that he was aware of the Public Recre- ation zoning this land had at the time he bid on the property. The Director of Planning read a letter from the City of Sunnyvale con- curring with his recommendation. He stated that on March 31, 1966, the CUpertino Union School District wrote stating their concern about this property. After numerous correspondence with the State, the State agreed -3- PC-27 Minutes of the Dec~mber 11, 1967, Planning Commiss_Jn Meeting ------------------------------------------------------------------------------ not to sell it at auction and it was rezoned for recreation purposes by the City of Cupertino in hopes that a public agency would buy it. This did not materialize, and the property was then auctioned by the State. The Planning Director felt that if no public agency wanted to use it, the City must rezone it, but was of the opiniol1, considering that the area is residential in character, that earlier objections to a service station are as valid as initially. Traffic hazards and congestion could be caused by left turns from Homestead Road into the station, or even by using the station area as a short cut to Bernardo Avenue. He suggested a compromise between desirable open space and the most undesirable use by zoning the property OA for administrative and professional offices. Comm. Hirshon wanted to know if it is mandatory to change the zoning at the present time, and wondered if it could be left in recreational zoning for future development. The City Attorney agreed with Comm. Hirshon that his point may be a good one, but the classification would have to be studied. Comm. Frolich was of the opinion that a commercial recreation zone, privately owned, would create as much traffic as a service station, pointing out the unfairness to an applicant in denying rezoning. The applicant said the area is only 7/10 of an acre and in his opinion this is too small for a recreation area; he thought the zoning was incorrect from the beginning. Comm. Hirshon said that at one time a determination had been made to use this parcel as a recreation area and he could see no reason why it should be abandoned now. Comm. Frolich stated that if the property is used for recreation purposes, people who use it will have to get there by auto- mobile. Chairman Buthenuth posed questions on traffic patterns for that particular intersection and area, to which the Director of Public Works replied that with or without the use as a filling station there would be problems due to conflicting traffic flow; there was no specific reason to preclude the use of this site as a service station or other commercial purpose from a safety standpoint. The City Attorney stated that "BR" under Ordinance 220(f), Appendix A, refers to public park or recreation areas, and he would interpret it as meaning that the ownership be public; if so, unless there is a contem- plated eminent domain action in the offing, the present zoning is of no help in determining its future status or use. Since public ownership of this site is no longer contemplated, the present zoning is improper and the correct zoning should be determined. Comm. Hirshon wondered whether denying this application would still leave the use question open for later decision. The City Attorney said it would. Moved by Comm. Bryson, seconded by Comm. Frolich, to close the public hearings. Motion carried 5-0 Comm. Bryson stated that he felt the use of the site for a service station was an efficient use and nothing else would be an improvement. Comm. Frolich asked if the application were approved and the 12 standard -4- PC-27 Minuteó 1 the December 11, 1967, Planni.v Commission Meeting --------------------~----------------------~=--------=--~--------------------- conditions applied, would the Director of Public Works have the right to determine points of egress and ingress. The Director replied in the affirmative and also informed the Commission of certain minor questions concerning dedication, lighting and sidewalks that would have to be determined. Comm. Hirshon asked about traffic problems at this intersection due to left turn traffic onto Bernardo Avenue from Homestead Road. The Director of Public Works commented that in the future a median divider would probably be necessary. Comm. Frolich moved that application 21-Z-67 be granted, subject to the 12 standard conditions, and that the resolution clearly indicate that the Engineering staff pay particular attention to ingress and egress. The motion was seconded by Comm. Bryson. AYES: NAYS: Bryson, Frolich, Horgan, Buthenuth Hirshon Motion carried 4-1 It was moved by Comm. Frolich to approve application 29-U-67. The Plan- ning Director interjected that a decision should be subject to the City Council's approval of rezoning to CG. Comm. Frolich so restated his motion and it was seconded by Comm. Bryson. At this point there was an interruption by a member of the public requesting permission to protest the decision but he was advised by Chairman Buthenuth that the public hearings had been closed. There followed parliamentary discussion and the City Attorney advised that the prior motion to close the public hearings could be amended at this time so that the public could be heard. A motion to amend the prior motion closing the public hearing carried 5-0. Mr. Muehle stated that he had apparently made a mistake and was inter- ested in an application which had not yet been presented to the Commis- sion. It was then moved and unanimously carried that public discussion on applications 21-Z-67 and 29-U-67 be closed. The pending motion to approve application 29-U-67, subject to rezoning, was put to a roll call vote. AYES: NAYS: Bryson, Frolich, Horgan, Buthenuth Hirshon Motion carried 4-1 VIII UNFINISHED BUSINESS 27-U-67 A. JOHN RODRIGUES, JR., AND M. ROGER LEACH: USE PERMIT for flower stand at SW corner of Saratoga-Sunnyvale Road and Scofield Drive. Chairman Buthenuth announced that at the last meeting Comm. Hirshon was absent and the voting on this item was 2 to 2. The City Attorney advised that public hearings be re-opened. -5- PC-27 Minutes of the December 11, 1967, Planning Commission Meeting ------------------------------------------------------------------------------ Moved by Comm. Horgan and seconded by Comm. Frolich that public hearings be reopened on this application. Motion carried 5-0 Edward Alvarez, Attorney representing the applicants, indicated that there had been extensive presentation of the proposal at the prior meeting of the Planning Commission, that there were approximately 15 or 16 other flower stands owned by the applicant and which were operating in Santa Clara County, none in Cupertino. In the prior meeting a major issue had been the adequacy of parking spaces in the shopping center and the Plan- ning Commission requested that the applicant present more information on this matter. Mr. Alvarez stated there are approximately 20,000 square feet in the shopping center and that City ordinances require one 200 sq. ft. parking space for each 200 sq. ft. gross floor area. However, the developer, Mr. ROdrigues, informed him there are only 73 parking spaces available in the shopping center instead of the required 100. In answer to a question by Comm. Hirshon why the parking requirements of the City had not been met, the Planning Director answered that the shop- ping center may have been established before Cupertino became a city. The City Attorney stated that this shopping center does not meet present parking standards, but neither this shopping center nor any other would be required to remove buildings or otherwise expand existing parking lots to meet present ordinance requirements. However, if these older non- conforming shopping centers were to expand, they would then be required to meet the provisions of the parking ordinance. Mr. Alvarez informed the Commission that the flower stand structure is considered temporary in construction, but the capital investment is approx- imately four or five thousand dollars and, in effect, would become a permanent building as long as it conforms to requirements. Mr. Jack Muehle, Jr., florist, past president of Santa Clara County Florists Association, active member of Florists Telegraph Delivery and Society of American Florists, and past president of California State Florists Association, said he was speaking for the two people in the flower business in Cupertino and the three adjacent shops, and was also speaking for all the florists in the Santa Clara Valley, and has been told he has the support of the Greater Bay Area Florists Association. He made his objections in a series of points: (1) That this application is for a flower "stand" but it is in actuality a retail outlet for a central flower wholesale warehouse supplying orders; (2) that this type of operation represents itself as a flower shop but does not meet the operating standards and public commitments that the established florists must meet; (3) the flower stands do not meet building codes, labor standards and they operate under a form of special privilege rather than adherence to business code; (4) approving use permits of this nature would establish a precedent in Cupertino for allowing other types of business stands to operate throughout the City. -6- PC-27 -------------------------------------~---------------------------------------- Minutes of the December 11 1967, Planning Commission Meeting Photographs of the proposed establishment were circulated among the Com- missioners. The attorney for the applicant said it was his impression and that of the developer that the main issue was adequacy of parking spaces. He stated that he would not attempt to counter Mr. Muehle's arguments at this time and that the applicants are now looking for a different location and will submit another application at another time. Moved by Comm. Frolich, seconded by Comm. Horgan, to close the public hearings. Motion carried 5-0 Comm. Hirshon stated that he was not in agreement with Mr. Muehle's point of view and thought that an operation of this type in a different locale where requirements could be met might be a desirable addition to the City. Chairman Buthenuth agreed. Comm. Frolich felt that Mr. Muehle's position and points were well taken and that many of these objections stemmed from adherence to municipal regulations and this applicanõ and others would not be required to adhere to them. The City Attorney advised that if a structure is violating a setback line, it would take some kind of special act by the City to permit this. He agreed that the structure in question would be a temporary structure rather than a building as defined by the building code, and the impact of a "tent" on the building code is not known. When asked if this applicant shouldn't be requesting a Variance, the City Attorney replied that a Variance is a change or an exception to the zoning regulations of a perma- nent nature, whereas a setback line is in the building permit or in the zoning that is set forth for a specific parcel of property. Therefore, if it is desired to use part of the space that isn't covered in the original grant, a Use Permit would be called for rather than a Variance. There ensued a discussion between the City Attorney and the Commission on the definition of a structure. Comm. Horgan then asked the City Attorney if this operation would pose a problem if it were put in the Crossroads Shopping Center where there is adequate parking and the setback requirement met. The City Attorney answered that it would, and in his explanatory remarks stated that the building code definitely provides that a city has the power to establish setback lines and enforce them and that this is built into the Planning Act; however, there are no clear-cut regulations governing a tent, whether it be of canvas, metal or steel. Comm. Horgan stated he believes that a stand such as the applicant wants would have a place in Cupertino and that the Commission ought to try to find a place for it. Moved by Comm. Bryson, seconded by Comm. Frolich, to deny Application 27-U-67. AYES: NAYS: Bryson, Frolich, Hirshon, Buthenuth Horgan Motion carried 4-1 -7- PC-27 Minutes of the December ll, 1967, Planning Commission Meeting ------------------------------------------------------------------------------- Chairman Buthenuth advised the attorney for the applicant that he would have the right of appeal within five days to the City Council on the denial of the application. Chairman Buthenuth called for a 10-minute recess. The meeting reconvened at 10:10 P.M. l-z-66 B. FIRST VALLEY CORPORATION: Review of Development Plan for commercial zone at SE corner of Miller Avenue and Stevens Creek Boulevard. Warren Heid, Architect, 14630 Big Basin Way, Saratoga, represented the applicant, First Valley Corporation, and made a general review of the development plan. He said the presented plan is not tentative except that the shape of the buildings, the parking layout, and certain minor elements may be revised when the plan is presented for Architectural and Site Control. Three buildings next to Miller Avenue are to be built in the next few months. The corner building will be another office of First Valley Bank; the other buildings will contain executive suites, commer- cial and professional offices. The plan is based on the future development with larger buildings being occupied by one company. The architect stated that the buildings would have a true mansard type of roof, that they would be in a French style with an elegant facade, basically of plaster with much brick and heavy timber, with the roof possibly of heavy asbestos shingles. 217 parJ¡ing spaces will be provided, whereas 200 spaces are required for 39,000 square feet of total building area. The initial con- struction of 12,000 feet is approximately one third of the total. In answer to questions by Comm. Hirshon, Mr. Heid stated that, basically, commercial businesses will be going into the three buildings mentioned, and there are several leases for the part being built: one will be a pro- fessional office, another with a title company, and several executive offices. The Director of Planning remarked that submission of a Development Plan was required as a condition to the rezoning, because this property is located at the entrance to Cupertino and across Stevens Creek Boulevard from the Vallco Park Planned Development Zone. This development is, in his opinion, a good one. However, the internal circulation system should be changed to avoid unnecessary U-turns on Stevens Creek Boulevard; internal two-way traffic may be possible. The Planning Director felt that it might be unnecessary to have a second hearing, and recommended approval on condition that the circulation system be. revised to the satis- faction of the City. Chairman Buthenuth asked if approval would be of the Development Plan for the entire area; the Planning Director answered in the affirmative, and that any major changes would have to go back to the Planning Commission. The Director of Public Works then complimented the architect on the pleasing arrangement of the buildings, but pointed out that there were several conflicts in the traffic pattern other than the ones mentioned by the Planning Director and suggested that the applicant or his consul- tant scrutinize the location of the buildings before firmly fixing them -8- PC-27 Minutes of the December 11, 1967, Planning Commission Meeting ----------------------------------------------~------------------------------- in such a way that the traffic pattern could not be changed. There followed considerable discussion on what would be contained in an approval of the Development Plan by the Planning Commission; the con- sensus was that major changes in the size or location of buildings, or division into lots, would have to go back to the Planning Commission, but that changes in details could be made in the layouts presented to the Architectural and Site Control Committee. The City Attorney advised giving approval of the presented Development Plan, subject to reservations for changes of the traffic pattern as may be approved by Public Works and stated that a Minute Order just takes viva voce. MINUTE ORDER: Moved by Counc. Frolich, seconded by Comm. Horgan, to approve the Development Plan subject to reservations for changes of the traffic pattern as may be approved by the Director of Public Works. Motion carried 5-0 81,004 C. ORDmANCE 220(j) regulating Light Industrial (ML) zones. Present ordinances of the City of Cupertino require Use Permit for nurseries and greenhouses in light industrial as well as in agricul- tural zones. This provision was retained in the draft for the revised Light Industrial Ordinance, but eliminated by the Planning Commission during earlier hearings. The Planning Director stated that he had further discussed this matter with the Chief Building Inspector and they felt that Use Permits should be required as this would help to control otherwise somewhat disorderly appearance of these areas. The Planning Commission agreed to reinstate the provision. Chairman Buthenuth initiated a discussion of packing and crating establishments under subparagraph (f) under 95.1 and its application to agricultural activities and particularly fruit drying. Mr. Burl Leonard, 19160 Homestead Road, indicated that the drying operation of fruit was considered part of the farming operation, and would not appear to fall under light industrial zoning; however, fruit canneries appear to be a terminal activity which will not be in existence much longer in this area. Mr. Leonard further commented on the structure of the ordinance. The proposed draft is based on lists of permitted or prohibited uses, in a scheme familiar to attorneys and realtors. It would be preferable to have an ordinance based on performance in regard to noise, smoke, odor, vibration, traffic, etc., such as the present Planned Industrial Park ordinance of the City. The Commission discussed briefly what performance standards were, including the application of controls. The Planning Director said that he agreed in principle with Mr. Leonard, but that he had not been able to find any example of such an ordinance to be used as a guidance. For the Planning staff of the City of Cuper- tino to do the necessary research would, at present, be beyond the capacity of the department. Enforcement of an ordinance based on per- formance also poses certain problems. Mr. Leonard remarked that it -9- PC-27 Minutes of the December 11, 1967, Planning Commission Meeting ------------------------------------------------------------------------------- should be possible to enumerate performance lists containing ten or fifteen items and then build an ordinance around this list. Comm. Frolich stated that the City has some listing of objectives and effects that are desirable. The Commission understood that the ordinance could not be re-drafted for the next regular meeting, but requested that the Planning Director make some inquiries and present a progress report on January 8. IX NEW BUSINESS Comm. Horgan wanted to make certain that all landowners within an area covered by rezoning applications would be in agreement, mentioning Dr. Brown's application 16-z-67 as an example. If the City initiates a rezoning, all landowners should be contacted and represented at the hearings. The Planning Director assured that this would be the case; however, in regard to applica- tions submitted to the City, we take the applicant on faith. X ADJOURNMENT Moved by Comm. Horgan, seconded by Comm. Hirshon, to adjourn the meeting at 10:55 P.M. Motion carried 5-0 APPROVED: /s/ John W. Buthenuth Chairman ATTEST: QdciJ¿ Adde Laurin Director of Planning ~ -10- ,