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PC 11-27-67 " . 10300 Torre Ave., Cupertino, Calif. 95014 Phone: 252-4505 -------------------------------------------------------.------------------ pC-26 80,000.4 CITY OF CUPERTINO California MINUTES OF THE REGULAR MEETmG OF THE PLANNING COMMISSION November 27, 1967 8 :00 PM Held in the Council Chamber, City Hall, 10300 Torre Ave., Cupertino, Calif. I SALUTE TO THE FIAG II ROLL CALL Comm. present: Bryson, Frolich, Horgan, Buthenuth Comm. absent: Hirshon Staff present: City Attorney, Sam Anderson Director of Planning, Adde Laurin Director of Public Works, Frank Finney Assistant Planner, Jim Nuzum Substitute Recording Secretary, Lois Inwards III MINUTES OF PREVIOUS MEETING, November 13, 1967 There were inquiries &bout the delay in the Commissioners receiving their copies of the Council Minutes, since Council action frequently has a bearing on subsequent Planning Commission business. The Planning Director explained that by a new system, City Council draft minutes are distributed to Councilmen and staff only, end that the final minutes are retyped and distributed after they have been amended and approved by the Council. Commissioners who wish to receive both draft end final City Council minutes were asked to notify the Planning Department individually, so arrangements could be made. Moved by Comm. Horgan, seconded by Comm. Bryson, to aµprove the Minutes of November 13~ 1967, ANNOUNCEMENT OE POSTPOm:MENTS: 18-TM-67 - Applicant requests postponement until :further notice. IV upon written request of the applicant, it was moved by Comm. Horgan, seconded by Comm. Frolich, to postpone application 18-TM-67 until further notice. Motion carried, 4-0 -1- pc-26 Minutes of the November 27, 1967, Planning Commission Meeting -----------------------------------------------.---------------------------- V WRITTEN COMMUNICATIONS There were none. VI VERBAL COMMUNICATIONS A. The Planning Director informed the Planning Commission of the 1968 General Assembly of ABAG meeting on Friday, February 23, 1968. Chairman Buthenuth asked that the staff again notify the Commissioners of this meeting about one month before it takes place. B. The Planning Director asked if there was any conflict on the date of Thursday, December 14th, 7: 30 P.M., in the Cupertino Council Chamber for the next joint meeting of the County and City Planning Commissions. There were no objections. VII PUBLIC HEARmGS 18-TM-67 A. MAJORIE MYER and CHRIST mE A GILBERT: TENTATIVE MAP, approx. 10 acres located 400 feet north of Stevens Creek Blvd. between Blaney Avenue and Randy Lane. First Hearing continued. The above item has been postponed until further notice. l-TM-67 B. JOHN RODRIGUES, JR: TENTATIVE MAP REVISION, 32 acres limited by Stevens Creek Blvd., Stevens Freeway, McClellen Road, Southern Pacific Railroad. First Hearing. The Planning Director stated this revised plan has been sent out to the usual agencies and the Planning Department has received no ob- jections. Mr. Rálph Ramona represented Mr. John Rodrigues, Jr. in discussing this revision. He said they have increased the frontage of the lots to 200' minimum. There is no change in the street pattern. At a later date, if prospective tenants prefer either more or less frontage, the individual cases can be brought before the Planning Commission to discuss the merits of the case. The Director of Public Works recommended approval of this revision. The City Attorney reviewed the reasons for public hearings on ten- tative maps. It gives the Planning Commission and the staff a chance to indicate to the developer their approval or disapproval or to offersuggestions at an early stage of development, rather than at the Final Map stage. -2- pc-26 Minutes of the November 27, 1967, Planning Commission Meeting ----------------------------------------------------------------------------- Moved by Comm. Frolich, seconded by Comm. Horgan, to close the Public Hearings. Motion carried, 4-0 Moved by Comm. Frolich, seconded by Comm. Horgan, to approve the revision to I-TM-67 as outlined this date; subject to the same conditions as were placed on the originally approved Tentative Map, if applicable. AYES: NAYS: ABSENT : Comm. Bryson, Frolich, Horgan, Buthenuth None Comm. Hirshon Motion carried, 4-0 27-U-67 C. JOHN RODRIGUES, JR. and M. ROGER LEACH: USE PERMIT for flower stand at the SW corner of Saratoga-Sunnyvale Road and Scofield Drive. First Hearing. Attorney Edward Alvarei:, representing the applicant, presented a replica, a rendering, and photographs of the Tho'tful Flower Shop proposed for a location on the Town and Country Shopping Center parking lot on Highway 85. He said they presently have l3 loca- tions throughout Santa Clara County. Their theory is mass marketing of flowers. Mr. Alvarez said this business would be of benefit to the City of Cupertino, and it comes within the City Ordinance under Use Permits. He explained this temporary building would occupy about two parking spaces and flowers would be placed in and about the building. In response to a question by Chairman Buthenuth about signs, Mr. Alvarez said there would be only two; one on either side of the building. The Planning Director said this matter has been discussed exten- sively with the Building Department. An arrangement as the pro- posed one is a very pleasing feature in a downtown area with pedestrian traffic. However, in the proposed location along Highway 85, it could become a traffic hazard. He noted that the Parking Ordinance must also be taken into consideration here, since this business not only takes up two existing parking spaces, but would require additional ones to accommodate its customers. The Chief Building Inspector also had misgivings that approval of this application might open the gates for various "temporary" shops or vending machines in parking lots allover the City. -3- pC-26 Minutes of the November 27, 1967, Planning Commission Meeting ----------------------------------------------------------------------------- Comm. Bryson asked how this particular shopping center conforms with the required parking ratio. Neither the staff nor the applicant had this information, and Attorney Alvarez asked for the opportunity to gather these statistics and present them at the next Planning Com- mission meeting. Mr. Rodrigues stated that he has had many proposals for vending machines, etc., recently but he felt this project would be much more attractive. Comm. Frolich had the following comments to make: 1) The location is too close to the corner, from the traffic point of view. 2) This type operation would open the gates to all sorts of things; e.g., getting more sign area without going through the Sign Ordinance. 3) The project would cause loss of parking space and, at the same time, create a need for more parking spaces. 4) This non-permanent- type of building would set a precedent. Mr. Alvarez said that while these buildings are temporary in the fact that they can be very easily removed, each building represents a sizeable investment ($3500) by the applicant. If parking is the issue here, he felt this should be researched, and felt the lessee should have something to say- about projects on his property. He added that in their 13 locations, 8 are in parking lots and they have had no problems. * Comm. Horgan disagreed with all the arguments against this applica- tion. It has been his experience, through the years, to note that this parking lot is never crowded. He said he might vote against a vending machine operation here, but he felt this was a good pro- posal, in good taste. It was Comm. Frolich's feeling that if the Ordinance does not permit this type operation now, either the Ordinance should be changed or this application should be denied. Chairman Buthenuth asked for comments from the audience. Mr. Bob Baroni, immediate past president of the Santa Clara County Florists' Association, presented a petition signed by 22 florists in Santa Clara County, against this proposal. He cited lack of toilet facilities, running water, drainage and fire protection. He stated that in the florist business, without proper facilities, stagnant water can become quite a problem. He equated this type business to tie stands, bread and milk stands, etc. Mr. W. B. Jones stated he is a Cupertino Florist "silent partner". Although there is only one florist in Cupertino, there are others nearby. Mr. Alvarez countered with the statement that he could understand how the florists' association would be concerned about the competi- tion. He submitted an article from "California Florist Magazine" in regard to this type of operation. He asked the Commission for time and the opportunity to study parking and sanitation facilities problems before the decision. * The City Attorney introduced the matter of setback regulations, explaining the theory behind this control. The Use Permit procedure is the only way the City can control or eliminate merchandising in the front of the building line. -4- pC-26 ------------------------------~~---~--~-,~--------------------------------- Minutes of the November 27, 1967, Planning Commission Meeting Comm. Frolich ,·~~",,,,.,,d about the tax aspect of this type of business. Mr. Alvarez said he hadn't checked into it, but these buildings are moveable and probably would be subject to personal property tax. Moved by Comm. Bryson, seconded by Comm. Frolich to close the Public Hearings. AYES' NAYS: ABSENT: Comm. Bryson, Frolich, Horgan Chairman Buthenuth Comm. Hirshon Motion carried, 3-1 Comm. Horgan commented that he was not against putting that particular business in that particular location. Comm. Frolich stated that he understood the florists' concern that this kiosk type of business does not have the overhead they do, but his main concern is whether or not this type operation complies with the City Ordinances. Comm. Bryson was concerned that this is a portable building which takes up a part of an existing parking lot and would normally require additional parking spaces to accommodate jts customers and there appears to be a lack of sanitation facilities; although in a pedestrian mall, with proper facilities, it would be a very attractive business. Moved by Comm. Frolich, seconded by Comm. Bryson, to deny appli- cation 27-U-67. AYES: NAYS: ABSENT : Comm. Bryson, Frolich Comm. Horgan, Buthenuth Comm. Hirshon Motion tied, 2-2 Moved by Comm. Bryson, seconded by Comm. Horgan, to continue application 27-U-67 to the next regular meeting, due to the tied vote. Motion carried, 4-0 The applicant was instructed to analyze the parking situation and sanitation aspect. Comm. Bryson requested a definition of a "temporary building". He asked if a Use Permit is needed in this case. The City Attorney answered in the affirmative. -5- pC-26 Minutes of the November 27, 1967, Planning Commission Meeting ----------------------------------------------------------------------------- 4-z-67 D. PARK L. MURRAY and KENNETH W. LUTZ: REZONING from Residential Single-family 10,000 sq. ft. lots (RI-IO) to General Commercial (CG), l.22 acres located between Mary Avenue and the freeways. REACTIVATED. First Hearing. Mr. Kenneth Lutz, in asking for this rezoning to CG, noted that this property is adjacent to the City Corporation Yard. He would like to eventually put a welding supply shop here; this is the reason he purchased this property. He said he is willing to put up a nice looking building, landscaping, etc. The Planning Director stated this application was initiated three years ago and was denied by the Planning Commission. It was sub- sequently appealed to the City Council and, on April 5, 1965, was postponed indefinitely until the "Mary Avenue problems" were re- solved, and until we had indications of the future zoning east of Mary Avenue. The fate )f Mary Avenue extension is still unclear; in the opinion of the Director, we cannot do without it. The area to the east is now zoned Rl. He believes the properties between Mary Avenue and the freeways, due to their exposure to the freeway, have a great potential for certain types of business if consolidated into larger lots. This would be an ideal location for an insurance company regional office, a research and development laboratory, etc. Any type of development with small lots would require a local street, and would be undesirable. He called attention to the trans- mission line area, but noted it could be utilized for parking. He said apartments would not be as desirable here because there would be more than normal noise from the freeway, which is elevated in this area. It would not be particularly good for small pro- fessional offices either. The proposed CG spot zoning is entirely incompatible with the neighborhood. On these bases, the Planning Director recommended denial of this application. Mr. Lutz asked if the City is planning to relocate the corporation yard and put a street through his property. He said this would disrupt his plans for his property. He stated his is not a "walk in" type of business; most of his business comes in over the telephone. Chairman Buthenuth asked for comments from the audience. Mr. Norman Nathanson, 10500 Mary Avenue, Cupertino, stated the property under discussion is directly across the street from his property, where homes which will be a credit to the community will be under construction in April. Including the Nathanson property, the DJ.to:-I'-Q.ne property and the nearby apartments, there will be 100 acres + devoted to some of the choicest homes in the area. As the City of Cupertino grows, it will have to move the corporation yard because it won't be large enough to service the City. He has no objection to Mr. Lutz' type of business, but he believes it does not belong in this particular area. -6- pC-26 Minutes of the November 27, 1967, Planning Commission Meeting ----------------------------------------------------------------------------- Mr. Lutz felt the nature of his business is compatible with almost any area, and that the building would be at least as nice as his present building in Menta Vista. He would like to get his property zoned so he can use it. At his present location, there are homes on three sides of him and he has never had any objections from them. Comm. Horgan was opposed to CG zoning here because it is too general a category. Comm. Frolich carried the objection a step further, in that CG on this property would open the door to similar rezanings in the area. Comm. Horgan could not see that the type of building the applicant plans for this property has a considerable bearing on his decision in regard to a rezoning. Moved by Comm. Horgan, seconded by Comm. Frolich, to close the Public Hearings. Motion carried, 4-0 Moved by Comm. Horgan, seconded by Comm. Bryson, to deny appli- cation 4-z-65. AYES: NAYS: ABSENT: Comm. Bryson, Frolich, Horgan, Buthenuth None Comm. Hirshon Motion carried, 4-0 Chairman Buthenuth advised the applicant of his right of appeal, in writing within 5 days, to the City Council. VIII UNFINISHED BUSINESS -- There was none. IX NEW BUSmESS -- There was none. X ADJOURNMENT Moved by Comm. Horgan, seconded by Comm. Bryson, to adjourn the meeting at 9:30 PM. Motion carried, 4-0 APPROVED: ATTEST: OdelL ~~ Adde Laurin Director of Planning /s/ John W. Buthenuth Chairman -7- ... ._.._.~~-~---~-~---~-- ~.__._---~.~------,_.