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PC 11-13-67 10300 Torre Avenue, Cupertino, California Phone: 252-4505 ------------------------------------------------------------------------------- PC-25 80,000.3 C I T Y o F CUP E R TIN 0 California MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION November 13, 1967 8:00 P.M. Held in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino I SALUTE TO THE FLAG II ROLL CALL Comm. present: Comm. absent: Bryson, Frolich, Hirshon, Horgan, Buthenuth None Staff present: City Attorney, Sam Anderson Director of Planning, Adde Laurin Director of Public Works, Frank Finney Chief Bldg. Inspector, Bill Benevich Assistant Planner, Jim Nuzum Recording Secretary, Sylvia Hinrichs III MINUTES OF THE PREVIOUS MEETING, October 24, 1967 Moved by Comm. Frolich, seconded by Comm. Horgan, to approve the Minutes of October 24, 1967, as submitted. Motion carried, 5-0 IV ANNOUNCEMENT OF POSTPONEMENTS, etc. I-TM-67 The Planning Director announced that an item concerning revision of Tentative Map l-TM-67 would be taken up under New Business. V WRITTEN COMMUNICATIONS 81,005 A communication from the Board of Supervisors of Santa Clara County will be taken up under New Business. VI VERBAL COMMUNICATIONS There were none -1- PC-25 Minutes of the November 13, 1967 Planning Commission Meeting ---------------------------------------------------------------------------- VII PUBLIC HEARINGS: 17-Z-67 A. R. B. WOOLEY, et al: REZONING from Agricultural-Residential Single-family I-acre lots (Al-43) to Residential Single-family 15,000 sq. ft. lots (Rl-15). 3.75 acres located south end of Mount Crest Drive. First Hearing continued. Mr. Roger Wooley noted that his application was continued to this meeting to give him time to prepare a Tentative Map, which he was presenting tonight. He would like comments from the Commission, and was willing to answer any questions. Comm. Bryson, who lives next door to the applicant, took a seat in the audience. He would like to ask a question on a personal basis. He asked Mr. Wooley if he proposes to provide a street eastward of lot #5. Comm. Bryson pointed out that he would object to this, because he would not like to see heavy cement trucks use this private easement. Mr. Wooley stated that he intended to have all access from Mt. Crest Place. The Planning Director recapped the proceedings on this application, which originated as a Variance, allowing for an average lot size of 1/2 acre (permitting 7 lots), with a minimum of 15,000 sq. ft. per lot. The applicant now is asking for zoning which would allow each lot to be 15,000 sq. ft. The application includes all seven lots. If the rezoning were granted, and the lot split of lot #5 were approved by Tentative Map, there would be eight lots instead of seven; theoreti- cally, the entire 3.75 acres could be subdivided to yield ten lots. Mrs. Juanita McLaren stated that her home adjoins this property and she protested this application at the last meeting also, because she feels the applicant will eventually apply for a split of the remain- ing lots, and will build homes right up to her yard. Her and Mr. Bryson's view could be obstructed by a two-story home built on one of these lots. She does not think the Planning Commission should consider this zoning. Comm. Frolich asked if the dotted lines on the Tentative Map indicated planned or proposed streets. Mr. Bryson replied that there is only private easement over his land which leads to Mrs. McLaren's property, then slopes down hill to Mr. Griffith's property. The lots are very steep, and using the access from Mt. Crest Place would be very pre- carious, so this would leave only the private easement through his property for use of construction equipment. In answer to Chairman Buthenuth's question on grading standards, the Dir. of Public Works stated that the proposed grading of lot #5 was according to the City grading ordinance. Mr. Wooley assured Mr. Bryson he has no intention of using this private road to bring in construction equipment. Mr. Bryson asked the Dir. of Public Works if it would be possible to improve the upper parcel of the lot in question by coming up from Mt. Crest Drive. The Director answered that it would be difficult but can be done at much expense. -2- PC-25 Minutes of the 11/13/67 Planning Commission Meeting ------------------------------------------------------------------------------- Comm. Frolich noted that the Agenda indicates the area is 3.75 acres; the Planning Director explained that this application is for the entire seven lots, but due to the fact that some of the lots have been sold, it may not be practical to revise the entire Tentative Map, in which case only lot #5 is of sufficient size to be split. Mr. Bryson pointed out that we now have a zoning change re~uest on the entire subdivision with a Tentative Map showing only lot #5. Mr. Wooley stated that at the time of granting of the Variance the City had no provisions to permit single- family residential lots of less than one acre but more than 10,000 s~.ft. so the Planning Department then advised him to apply for a Variance. The City has since changed the ordinance to allow 15,000 sq. ft. and this is the reason he is asking for the rezoning. Moved by Comm. Horgan, seconded by Comm. Hirshon, to close the public hearings. Motion carried, 5-0 Moved by Comm. Horgan, seconded by Comm. Hirshon, that Application 17-Z-67 be denied. AYES: NAYS: ABSTAINED: Comm. Frolich, Hirshon, Horgan, Buthenuth None Comm. Bryson Motion carried, 4-0 The applicant was advised of his right to appeal the denial to the City Council. 23-U-67 B. URICH OIL COMPANY - PAUL CARACCI and ED MACKAY: USE PERMIT for coin-operated car wash, SE corner of Blaney Avenue and Stevens Creek Blvd. east of Urich Oil Station. Second Hearing. Mr. Ed Mackay said he had nothing to add, but would answer any questions 0 The Planning Director emphasized that if this application is granted, the Commission should consider the importance of screening or buffering from the residential area to the south of the property, as well as to the commercial area to the east. He suggested the Chief Building Inspector may want to make further statements. Chrm. Buthenuth asked about a masonry wall. The Planning Director answered that normally regulations provide for a wall towards residential property, but a con- dition requiring a wall to the east could be added to the Use Permit if granted. The Chief Bldg. Inspector stated that the City already has two coin- operated car washes, one on the Saich property and a second on Highway 85 at the Shell station. He feels a third such enterprise located in a highly commercial area is unnecessary and will deteriorate the area. The architecture of the proposed building is not compatible to the archi- tecture in the area nor to the architecture the City is trying to achieve. -3- PC-25 Minutes of the 11/13/67 Planning Commission Meeting ----------------------------------------------------------------------------- He added that he has discussed this car wash with the City Manager, who is also highly opposed to another business of this type in the City. The City Attorney noted that the nature of the use has been granted to the service station some time ago, so the car wash and the service station use would be one and the same. There is no legal problem here, but it should be determined by the Dir. of Public Works if it meets all the re~uirements of the Tentative Map concerning improve- ments, driveways, etc. Mr. Mackay assured the Commission that at this point all improve- ments are in and their intentions on the building layout are the same as are shown on the tentative drawings. The entire area will be paved, which will not re~uire additional driveways on Blaney Avenue or Stevens Creek Blvd. Entrance to the car wash will be gained from driveways on Blaney Avenue and the two which exist on Stevens Creek Blvd.; the one in front of the station and the other which swings in at the paved area. There will be no fencing or obstruction be- tween the station and the car wash, just one large expanse, and they will have a common ingress and egress so the traffic can go either way without causing any problems. The Director of Public Works agreed that all improvements are in; however, there may be a require- ment for street trees and street lighting, and possibly other require- ments that will be determined when the applicant has submitted final plans. At this point, there seems to be only minimum improvements needed, and he does not think a Tentative Map will be necessary. Chairman Buthenuth asked the applicant if he would consider putting a row of trees between the car wash and the Red Vest restaurant. Mr. Mackay said he would be very willing to go along with any plan the Arch. & Site Control Committee would suggest. He proposes to install a block wall about two to three feet high adjacent to the restaurant, designed as some type of planter box,in which he will plant evergreen trees of T - 8 feet in height. They would also pro- pose to plan some type of planting on Blaney Ave. in addition to the existing landscaping. Comm. Hirshon asked if the applicant could plan something more desirable than the concrete wall on the south property line. Comm. Frolich agreed that there should be some type of wall di- viding the car wash and the restaurant, and asked about the Planning Director's opinion about extending heavier type commercial from Highway 85 east to the City boundary, and what will the proposed car wash do to this plan. The Planning Director said it would be preferable not to extend the "Thorofare Commercial" east of the Red Vest restaurant. Comm. Hirshon noted that there could be a traffic problem here since there is a commercial area on Blaney Ave. across from the service station. The Dir. of Public Works commented that there would be a traffic problem here no matter what type of business would be located here, and in answer to ~uestions about traffic flow, he replied that there is no traffic estimate or traffic count available on Blaney Ave. -4- PC-25 ---------------------------------------------------------------------------------- Minutes of the 11/13/67 Planning Commission Meeting Mr. Mackay' was Questioned about the vacuuming service for cars,and he replied that this would be placed on the lot in such a way that it would not interfere with the traffic flow. He stated that the car wash would be in operation 24 hours a day. It will not be manned for this entire period, but there will be a maintenance operator to police and maintain the area approximately once every four hours. Comm. Frolich noted that he would not like to approve something as noisy as a car wash in a residential area. Mr. Mackay contended that a car wash operation would be no noisier than a service station or supermarket. The Planning Director indicated an L-shaped R3 zone adjacent to the back of the service station, but said that such a development is not likely to materialize, nor is it desirable; rezoning to CO to a depth of 400' from Stevens Creek Blvd. would be reasonable. Moved by Comm. Hirshon, seconded by Comm. Horgan, to close the public hearings. Motion carried, 5-0 Comm. Hirshon said he is not convinced there will not be traffic problems and feels the area is congested now. He feels the problem that exists on this corner as far as maintenance and appearance is concerned will be magnified by adding a car wash, and he does not feel this is a suitable use for the property. Comm. Horgan agreed with Comm. Hirshon in some respects, but he does not know what else can be located here. Comm. Frolich pointed out that the problem of traffic on Blaney Ave. will cause problems. Comm. Horgan added that he would feel obligated to vote against this application unless he had some assurance that the car wash would be kept in a better condition than now exists at the service station. He said he would not want to see a continuation of this condition, and if this application were granted he would strongly recommend that it be con- trolled by Arch. & Site Control Committee conditions. Moved by Comm. Hirshon that application 23-U-67 be denied. Motion died for lack of a second. Comm. Bryson commented that it was difficult to vote against someone offering the use of land to another party for the operation of a business which is a commercial enterprise; it is in the correct zoning, the appli- cant has agreed to install a wall and planting to divide the car wash from the restaurant, and improvements are in. After further discussion, Comm. Frolich moved that Application 23-U-67 be approved. Comm. Horgan seconded the motion, and recommended the following conditions be added: 1. Street improvements; including sidewalks, electroliers and street trees on the entire corner, to the satisfaction of the Director of Public Works. 2. A 3' wall and screen of planting to the east side of the car wash. -5- -25 Minutes of the 11/13/67 Planning Commission Meeting --------------------------------------------------------------------------- 3. In the event there are written protests against the 24-hour operation within a year, the Planning Commission may revise the conditions of the Use Permit after due notification to the applicant and a public hearing. The City Attorney added that the applicant must get site control and sign clearance with the Chief Building Inspector, and a regulation by the Planning Commission that the applicant would agree that any signs used by the car wash would be compatible with the service station signs is not proper. The Chief Building Inspector pointed out that it would not be possible for the car wash to have a pole sign because the over- all area is not large enough. Comm. Horgan suggested that perhaps the applicant can remove the sign on the corner and install one new sign for both enterprises. The Chief Bldg. Inspector confirmed that the applicant can install a roof sign on top of the car wash, in accordance to the Sign Ordinance. Comm. Frolich said he is amenable to imposing conditions to the application, but does not feel we should enforce Arch. & Site Control on the existing building. The Director of Public Works pointed out that legislation to enforce people to use certain driveways would be impossible, and it would be to the City's advantage to have traffic go both ways. Comm. Horgan asked if the City should consider a time limit on this application. Comm. Frolich felt this would not be reasonable, but agreed that a review after a period of time may be considered. The Chief Bldg. Inspector explained that the City has initiated a Beautification Program, wherein the City plants trees within the various commercial areas, and the property owner pays for the expense of the trees. He suggested that the Commission include a condition that Urich Oil Co. be required to pay for the trees that the City has planted at this particular property. The City Attorney said this matter will have to be studied further for legality; however, if it is a policy matter it should be considered. The Chief Bldg. Inspector noted that all the other merchants with the exception of Urich Oil have paid for such street trees. .nute Order, Moved by Comm. Frolich, seconded by Comm. Horgah,. that the Ci ty Attorney make further study on the matter of the re<J.uire- ment that property owners be re<J.uired to pay for the 3treet trees planted in front of their property by the City as pa.rt of their Beautification Program. Motion carried, 5-0 Vote on the motion to approve the Use Permit, AYES: NAYS, Comm. Bryson, Frolich, Horgan Comm. Hirshon, Buthenuth Motion carried, 3-2 -6- PC-25 Minutes of 'the 11/13/67 Planning Commission Meeting ---------------------------------------------------------------------------------- 14-z-6¡ C. DANICA KOMENOVICH (FRANK KOHLES): REZONING from Residential Multiple (R3-2,2) to General Commercial (CG), 9600 s~. ft. located south side of Homestead Road, adjacent to easterly boundary of Homestead High School (Referral from City Council). * * and * * 6-v-67 D. DANICA KOMENOVICH (FRANK KOHLES): VARIANCE from Ordinance 220(a-l) Sec. 1:lc-2 restricting the number of dwelling units per lot to 20; and from Sec. 1:lc-3 restricting the number of dwelling units per gross acre to 16. 136 units are proposed on 7.87 acres, gross area, located south side of Homestead Road, adjacent to easterly boundary of Homestead High School. (Referral from City Council). Moved by Comm. Frolich, seconded by Comm. Horgan, that the above two applications be considered concurrently since they concern the same property. Minute Order: Motion carried, 5-0 Mr. L. B. Nelson was representing Mr. Kohles, as well as himself as de- veloper. He reviewed the application and explained that the application is considered to be a complete development, including the commercial site. The present land is zoned for 125 units, exclusive of commercial site proposed on the corner. They are re~uesting an increase of density of 9%, to 136 units. The density is much lower than in the adjacent Sunnyvale area, and he considers it a low density development from his standpoint. The driveway is located at the periphery of the project. They propose to install a light weight gate at the stub end of the existing Noranda Drive, which gate could be broken very easily by the Fire Department e~uipment if necessary. It is intended to discourage the tenants from using this street as ingress and egress, and to keep children out of the development area. Mr. Nelson added that in his original plan he had proposed to install garages, but he would appreciate the Planning Commission consideration to allow him to change the garages to carports. They have found that there is a tendency for the tenants to leave the garage doors open, making it impossible to police the project for vandalism and damage; also, car ports are easier to maintain, and makes for a tidier appearance. They propose to completely landscape the project; indi- vidual patios will be provided at both the front and rear of the build- ings; the entire front area will have artistic trellis work, with the exception of the driveways, which will have a landscaped planter strip. The NE corner of the project is suggested commercial zoning for a Speedy Mart, which will be available for the people in these units and also surrounding areas; a 5' wall will surround this commercial area as a buffer from the residential areas. Comm. Horgan pointed out to Mr. Nelson that this plan shows a drive- through between the commercial area and the parking area in front. Mr. Nelson explained this was for the purpose of the tenants from the project to allow them easy access to the Speedy Mart. Comm. Hirshon -7- PC-25 Minutes of the 11/13/67 Planning Commission Meeting ----------------------------------------------------------------------------- noted that in the original plan there was an objection by the Fire Department, stating they would not be able to get their e~uipment into the project, and he wondered if Mr. Nelson has now cleared with the Fire Department for approval of the new plan. Mr. Nelson said this plan has better access for fire trucks than the original plan. The Planning Director noted that there are three applications involved here: 1) He has on several ocassions supported the idea of small shops in each neighborhood, within walking distance from the residences. On the other hand, commercial spot zoning near highways is not desirable. The Planning Commission should decide whether this proposal is commercial zoning for small neighborhood shops, or spot zoning for strip commercial. Mr. Kohles stated he felt that neighborhood shops have an advantage. He would suggest, however, that if the application is granted there be some restrictions imposed for policing the area. They would propose to keep up the area to high standards. The Planning Director pointed out that if rezoning were granted he would like to refer to the con- ditions stated on page 2 of his earlier memo on this application to the City Council. 2) The Planning Director could not see any objections to a variance from the rule restricting the number of dwelling units per lot to 20. A project with larger lots, or on one undivided lot, has advantages, and the City can exercise control of the ~uality through the presented Development Plan. 3) The variance to permit higher density is entirely different. Court decisions have established that a Variance should essentially alleviate a hardship. Higher density, of course, justifies higher land prices, but this does not constitute grounds for a Variance; nor does a self-inflicted hardship. Space is the most precious commodity for residences, and he feels the lower the density the less the risk for deterioration. Comm. Frolich noted that this application was denied previously on a different layout. He does not see anything in the current proposal that is different from the first offering. The City Attorney pointed out that this is not a typical case where an applicant wanted to appear again before this Commission; this was necessary because the developer made changes in his application. Whenever changes are made in an appli- cation it must be brought back to the first body; and this is the reason the application is before the Planning Commission again. The Planning Director reported that the Central Fire Protection District has made verbal comments on this application. Large fire trucks could not get around the corners. The continuous row of garages and carports all around the project makes it difficult to reach the units with fire hoses and other e~uipment; there must be gaps between the car spaces for access. -8- PC-25 ---------------------------------------------------------------------------------- Minutes of the 11/13/61 Planning Commission Meeting Comm. Frolich commented that when density exceeds the limit permitted by the Ordinance, it is difficult to plan the parking ratio according to ordinance requirements, Street parking is not included in the required parking ratio in a subdivision; the effective number of parking spaces in this project is less because there is no curb parking. Comm. Horgan commented that he did not approve of the number of units proposed. Mr, Nelson replied that with competitive rents, cost of land, etc. it is not feasible to keep the ratio too low, He added that they will make adjustments for fire truck access, However, if they could have an approval from the Commission on the rezoning they would propose to make necessary adjustments on the dwelling units, but they feel they cannot make adjustments on both, They would like a vote from the Planning Commiysion on the rezoning the same nighto Comm. Hirshon stated that his main objection is to the density variance; he feels the project is a desirable project, but not exceptional enough to deviate from our ordinance, or to outweigh the disadvantage of com- mercial spot zoning, Mr. Nelson asked what their next procedure would be; and is it necessary for them to appear before the Planning Commission each time they make changes or adjustments, They would like some definitive procedure to follow, The Planning Director pointed out that if the variance for more than 20 units per lot were granted, but the ordinance requirements for density were adhered to, they could proceed to the Arch. & Site Control Committee for approval of building plans, Mr, Morris O'Connell, Sunnyvale, said he lives in an Rl area across the street from the proposed development, and he does not see the need for a Speedy Mart in this area because there is ample shopping within a block. He added that he objects to the higher density proposed near Rl zoning. There are high density apartments east of Hollenbeck Avenue, and there have been problems with fire trucks getting into the area. Mr. Ira Ralston another nearby resident, agreed with Mr. O'Connell in that a commercial area is not needed here, and stated that he objects to the entire project including the high density proposed, Moved by Comm, Bryson, seconded by Comm. Hirshon, to close the public hearings. Motion carried, 5-0 Comm, Frolich asked the City Attorney if these two appli~ations should be treated with one motion, or should they be voted on individually. The City Attorney said it was immaterial; they could vote either way. Moved by Comm. Frolich, seconded by Comm. Bryson, that application 14-2-61 be denied, because granting it would constitute "spot zoning". AYES: NAYS: Comm, Bryson, Frolich, Hirshon, Buthenuth Comm, Horgan Motion carried, 4-1 -9- PC-25 Minutes of the 11/13/67 Planning Commission Meeting ---------------------------------------------------------------------------- Moved by Comm. Frolich, seconded by Comm. Horgan, that application 6-v-67 restricting the number of dwelling units per gross acre to 16 be denied, but that a Variance for more than 20 units per lot be approved. AYES: NAYS: Comm. Bryson, Frolich, Horgan, Buthenuth Comm. Hirshon Motion carried, 4-1 25-U-67 E. VALLCO PARK: USE PERMIT for mobile communication tower, 90' high, plus antenna, located east of Wolfe Road and south of Pruneridge Avenue. First Hearing. Mr. Walter Ward reviewed the application and stated that this mobile communication tower has been in existence for a number of years. It has recently been moved to Vallco Park and Use Permit applied for until such time as high-rise office buildings will be located at Vallco Park. Mr. Ward introduced the applicant, Mr. Lester, who explained that this is a mobile communication system for a special transmitter receiver set to maintain communications between their operations crews at other locations and with office personnel. This tower will be located 800 to 900 feet from the nearest Rl zone area and well within the 1~4 angle slope established for Vallco Park. This tower will be in operation 24 hours a day, 7 days a week, and will alleviate some of their com- munication problems in addition to providing better police and fire protection. At times when it is not manned by office personnel, it will be operated by remote control station in his home, and tied in with Pacific Tel. & Tel. This is a free-standing tower of a temporary nature to be used until the transmission station can be located in a permanent structure in a future high-rise unit. It is necessary to go into this type of communication, Mr. Lester continued, in order to com- municate directly with their various personnel here and in San Francisco area, and they need the height. Comm. Hirshon asked if there would be any objections to limiting the use of this until such time as the high rise will be completed. In answer to the Dir. of Public Works ~uestion as to the location of the system, Mr. Lester said it will be located at the corner of the build- ing at the edge of the fruit plant, 300 - 400' from Wolfe Road. The Dir. of Public Works advised Mr. Lester that the project will have to be approved by the Arch. & Site Control Committee also. Mr. Lester noted that the antenna will be of fibreglas, 24' above the 90' tower; the base is 2-3/4" and will be tapered. The Dir. of Public Works stated that since it is located an adequate distance from Wolfe Road, the Public Works Department has no objection to this tower. The Assistant Planner said the Planning Department has no objections, but wanted to point out that this application will have to be presented to the Building Department for approval of exact location and details of guy wires, footings and braces. -10- PC-25 Minutes o. Ghe 11/13/67 Planning Commissior, ,.¡eeting --------------------------------------------------------------------------------- Moved by Comm, Horgan, seconded by Comm. Hirshon, to close the public hearings, Motion carried, 5-0 Moved by Comm, Horgan, seconded by Comm, Frolich, that application 25-U-67 be approved. AYES: NAYS: Comm, Bryson, Frolich, Hirshon, Horgan, Buthenuth None Motion carried, 5-0 Chairman Buthenuth called for a recess at 10:15 p,m, The meeting reconvened at 10:30 p,m. 19-Z-67 F. JUANITA McLAREN, et al: REZONING from agricultural-Residential Single-Family I-acre lots (Al-43) to Residential Single-family 1/2 acre lots (Rl-22); approx, 9,145 acres located on Lindy Lane. First Hearing. Comm, Bryson excused himself and took his place in the audience, in order to express his opinions on this application, Mrs. McLaren explained that her home is located on the subject property. She added that a group of land owners in the area earlier joined together to annex to the City of Cupertino, At present there are five homes in this area, and with the possibility of lot splits, these can be a total of 17 homes on the 9,145 acres, These homes are served by San Jose Water Department, and the Pacific Gas & Electric Co. utilities. This group of land owners has various reasons for subdividing this property. They border on three sides to RI-IO or Rl-15 zones. Mr. Bryson asked for Planning Commission consideration to permit 20,000 s'l' ft. lots, called "commercial half-acre". Mr. E. Hashert, one of the land owners, said that his lot has 1-3/4 acres and eventually he would like to subdivide this and build a smaller home on the 3/4 acre for himself. The Planning Director noted that this subject property is surrounded on three sides by zoning with higher density than one acre lots, and the Planning Department would recommend the application, but said that piece- meal subdivision may block proper access to interior lot. He urged a condition that when a Tentative Map be presented it must cover the entire area, not a lot or two. At the time of the Miljarak application (9-z-67) the Planning Department suggested that everything east of the section line between Sections 22 and 23 be considered as suitable for one-half acre or less, and everything west of the section line remain as one acre.. Since the application covers 9 acres, it should be pos- sible to subdivide the property in such a way that street grades can be -11- PC~25 Minutes of the 11/13/67 Planning Commission Meeting ----------------------------------------------------------------------------- controlled and building sites can be created without severe grading. "Half-acre" zoning should be consistent in the future; either Rl-20 or Rl-22. The Assistant Planner noted that the last paragraph of his memo suggests a possible condition that a Tentative Map must be submitted covering the entire area in this application, prior to any lot split or sub- division on any part of this property; also the Tentative Map must show how access will be provided to any parcels isolated by the creation of this rezoning. Chrm. Buthenuth suggested to Mrs. McLaren that she may want to discuss this condition with the other land owners who were present tonight. The Dir. of Public Works recommended a Tentative Map should include the entire area covered by the rezoning application, but that only a parcel being split shall be re~uired to install street improvements. Most of the parcels do not have frontage on a public street. Mr. Bilawalla concurred that some of the parcels front on Lindy Lane, others on private streets. Mrs. McLaren, after a discussion with the other land owners, stated they were all in agreement with the condition that a Tentative Map for the entire area be submitted, except that they would not like to im- pose conditions on the property owners who front on Lindy Lane that they not develop their parcels until the other parcels are developed. Comm. Horgan said that the condition does present a problem if one owner wants to develop his property before the others. Mr. Bryson maintained that any property not presently fronting on a dedicated street should not be penalized; three of the parcels in that area do not front a public road. The Assistant Planner said we should prevent that people on Lindy Lane will submit a Tentative Map for their lots only without considering a street pattern showing that all parcels can be served by public streets; we do not want to landlock some of the owners. Comm. Hirshon does feel this condition should not be imposed on a rezoning, but only on a Tentative Map. The City Attorney agreed the proposed condition is logical, in order to determine a street pattern. The Planning Director pointed out that if a property owner submits a Tentative Map only for his own lot we cannot plan streets because of lack of contour maps outside the lot; . we have had difficulties with such situations on other ocassions. The City Attorney noted that whenever we rezone any lot a Tentative Map is re~uired so the Planning Commission can determine if the Ordinance re~uirements are followed. 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 appli- cation 19-Z-67, subject to the 12 standard conditions and subject to -12- PC-25 ---------------------------------------------------------------------------------- Minutes of the 11/13/67 Planning Commission Meeting 8-v-67 conditions 13 and 14 as outlir.ed in the memc from the Assistant Planner dated November 2, 1967, (and quoted on pages 11 and 12 of these Minutes) , AYES: NAYS: ABSTAINED: Comm, FroliC:h, Horgan, Buthenuth Comm, Hirshon Comm, Bryson Motion carried, 3-1 Comm, Hirshon wanted the Minutes to reflect that he is against the appli- cation not because of the rezoning but because of the conditions imposed. Go DITZ-CRANE: VARIANCE to allow Pacific Railroad right-of-way, feet south of McClellan Road, 8' high redwood fence along Southern east side of Bubb Road, approx. 850 First Hearing, Mr. Bob Crane explained that this property abuts to the Southern Pacific Railroad right-of-way, and they are asking for a variance for an 8' fence rather than t.he 6' fence allowed by Ordinance, to screen this pro- perty from the railroad tracks, The only homes that can see this fence are the ones which back into the railroad tracks, This fence will im- prove the appearance of the subdivision, The City Attorney related that 10 years ago the Planning Commission recommended an 8 or 10 foot fence re~uirement for certain reasons. However, Mayor Meyerholz contended that anything over a 6 foot fence would be a "spite" fence, so the Commission reduced the permitted height to a 6 ft. fence, and the City has kept this re~uirement since that time. The Assistant Planner thinks the re~uest is justified; these homes will need something to screen the noise and view of the railroad tracks. There will never be any infringement of rights here, and the Planning Department would recommend this Variance. Moved by Comm. Horgan, seconded by Comm. Hirshon, to close the public hearings. Motion carried, 5-0 Moved by Comm Horgan, seconded by Comm, Frolich, that application 8-v-67 be approved, AYES: NAYS: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth None Motion carried, 5-0 The Planning Director transmit'ted a message from the Chief Building Inspector that even after 'the Variance has been approved, it will be necessary for the applicant to apply for a building permit. -13- PC-25 Minutes of the llA3/61 Planning Commission Meeting ---------------------------..-------------------------------------------------- 11-TM-61 H. 26-u-61 FRANKLIN HOMES: TENTATIVE MAP, 5.4 acres located SE corner of Hartman Drive and Ainsworth Drive, and USE PERMIT to allow streamline system where Ordinance 321 re~uires underground utili- ties. First Hearing. Mr. Jim Cole presented the Tentative Map for review. He said they are re~uesting a streamline system because the adjoining tract has the same system. All lots are minimum of 1500 s~. ft.,average 9500 s~. ft. The Assistant Planner pointed out that the Tentative Map for Oak Knoll #1 and #2 was approved before the underground policy was in effect. The Dir. of Public Works noted that this property is the only undeveloped one left in the area. He said there were no objections from the staff. The property is located in the County and zoned Rl-10 at present, so the Tentative Map would be approved subject to annexation to the City of Cupertino and rezoning to Rl-I.5. He added that there are several items to be brought to the attention of the Commission as a matter of record. These lots are not all in conformance with the re~uirement of 10 foot frontage; and there is an existing retaining wall of concrete and stone. It was also noted that the approval would include the reduction in lot width as indicated on the map. Moved by Comm. Frolich, seconded by Comm. Horgan, to close the public hearings. Motion carried, 5-0 Moved by Comm. Horgan, seconded by Comm. Frolich, to approve application 11-TM-61, including exceptions noted on the map, subject to the 12 standard conditions, and subject to annexation and rezoning. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 Moved by Comm. Frolich, secon~ed by Comm.Hirsho~ to approve application 26-u-61. AYES: Comm. Bryson, Frolich, Hirshon, Buthenuth NAYS: Comm. Horgan Motion carried, 4-1 20-z-61 I 18-TM-61 MARJORIE MYER and CHRISTINE A. GILBERT: REZONING from Residential Single-family 10,000 s~. ft. lots (RI-IO) to Residential Single- family 1,500 sq. ft. lots (Rl-I.5), and TENTATIVE MAP. Approx. 10 acres located 400 ft. north of Stevens Creek Blvd. between Blaney Avenue and Randy Lane. First Hearing. Mr. Roger Lehr represented McKay and Somps and the applicants. -14- PC-25 Minutes of the 11/13/67 Planning Commission Meeting --------------------------------------------------------------------------------- The Planning Director stated that as far as the rezoning application is concerned there is no problem, and perhaps a decision could be reached tonight. However, the Tentative Map poses problems that have not been resolved. He pointed out that the presented Tentative Map only shows some of the existing large trees, but should show all of them. Also, the proposed street pattern would cause difficulties for adjacent pro- perty owners to develop their land. He would recommend that this Tentative Map be continued until the next meeting, which will not cause delay as it can catch up with the rezoning hearing before the City Council. The applicant stated he has no objections if the Planning Commission wishes to continue the Tentative Map for further study. He explained that the adjacent property owners are not willing to sell, so they cannot plan a street pattern. Mr. Pete Camardo of 20030 Forest Ave., said he and other land owners are going to attempt to work out a street pattern for this area. Moved by Comm. Horgan, seconded by Comm. Frolich, that application 18-TM-67 be continued to the next meeting. Motion carried, 5-0 Moved by Comm. Horgan, seconded by Comm. Frolich, that public hearings for application 20-z-67 be closed. Motion carried, 5-0 Moved by Comm. Horgan, seconded by Comm. Frolich, that application 20-z-67 be approved, subject to the 12 standard conditions. AYES: NAYS: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth None Motion carried, 5-0 VIII UNFINISHED BUSINESS 16-z-67 A. JOSEPH BROWN, et al: REZONING approx. 15 acres from Single-family residential (RI-IO) and High density Multiple Residential (R3-2.2) to Light Industrial (ML) and REZONING approx. 4 acres from High- density Multiple Residential (R3-2.2) to General Commercial (CG). Located west side of N. Saratoga-Sunnyvale Road, approx. 2600 feet north of Stevens Creek Blvd. Dr. Brown displayed a sketch which illustrated his present plan with his proposed recommendations. He noted that at the last meeting, the Planning Director recommended that rezoning take place in the back section only. The sketch showed areas of present use, areas that already have been rezoned by the City, the areas he wished to rezone and how he would develop them, and street patterns. He felt the planning should be kept tentative to accommodate any uses which potential buyers may have for the area. -15- PC-25 Minutes of the 11/13/67 Planning Commission Meeting ----------------------------------------------------------------------------- Comm. Hirshon asked about the results of Dr. Brown's conversation with the other property owners. Dr. Brown said he has been unable to con- vince them to agree to consolidation of property unless rezoning has been granted. In answer to Dr. Brown's request for comments, the Planning Director reiterated what he said at the previous meetings. There is a need for additional light industrial zoning in the City, and he would recommend it for the back part of this area, provided it is guaranteed that certain streets be constructed at the initial stage, and that there be proper screening towards residential areas. Rezoning of the front portion along Highway 85 would only establish the present piece-meal development more firmly, and we have already far too much zoning for that kind. He would recommend we wait for a larger project. The quality of Saratoga- Sunnyvale Road must be protected if we want to be able to accommodate the 45,000 population we already have zoned for. The Assistant Planner said he was opposed to Dr. Brown's proposed street adjacent to the Garden Gate tract to be used by truck traffic, and felt there should be some separation from the residential area rather than having the street Dr. Brown suggests. Moved by Comm. Horgan, seconded by Comm. Bryson, to close the public hearings. Motion carried, 5-0 Moved by Comm. Horgan, seconded by Chrm. Buthenuth, that application 16-z-67 be denied. AYES: NAYS: Comm. Hirshon, Horgan, Buthenuth Comm. Bryson, Frolich Motion carried, 3-2 81,004 B. ORDINANCE 220(i) regulating Agricultural and Agricultural- Residential zones. (Referred by the City Council of certain paragraphs) . The Planning Director noted the corrections, which were reviewed by the Commission and approved, with one exception. Moved by Comm. Frolich, seconded by Comm. Hirshon, to recommend that Section 78.5 should remain as originally approved by the Planning Conunission. AYES: NAYS: Corom. Bryson, Frolich, Hirshon Comm. Horgan, Buthenuth Motion carried, 3-2 -16- PC-25 Minutes of the 11/13/67 Planning Commission Meeting --------------------------------------------------------------------------------- Minute Order: Moved by Comm. Horgan, seconded by Comm. Frolich that Ordinance 220(i) be typed in final form. Motion carried, 5-0 IX NEW BUSINESS 81,005 A. PROPOSED RESOLUTION (Santa Clara County) RESOLUTION OF THE BOARD OF SUPERVISORS REGARDING LAND USES REQUIRING PUBLIC UTILITIES AND FACILITIES (in areas subject to annexation by cities) The Planning Director reported he had received a copy of the Proposed County Zoning Policy Resolution from the County Board of Supervisors regarding land uses requiring public utilities and facilities. Both the City Council and the Planning Commission have received a request to review this proposal, and the Council has already done so and agreed with its content. However, since this item is very important to Cupertino and since he has been asked for a fuller statement of the subject, he would suggest sending the Board of Supervisors a state- ment worded in accordance with the memo distributed to the Commissioners. The statement was reviewed by the Commission, and accepted with one minor change in wording. Moved by Comm. Frolich, seconded by Comm. Horgan, that the Planning Director's statement be adopted, with the above mentioned minor correction, and sent to the Board of Supervisors. Motion carried, 5-0 I-TM-67 B. RODRIGUEZ, et al: REVISION OF TENTATIVE MAP I-TM-67 The Planning Director reported that the applicant has made major changes in the Tentative Map, which requires that it be brought back before the Planning Commission. The Commission decides whether a public hearing will be required, but he suggested that it will not be necessary in this case, and recommended approval. The Dir. of Public Works explained that the reason this matter has been brought before the Commission is because the Final Map is now ready for approval and it was discovered there have been substantial changes, and the Final Map is not in conformance with the submitted approved Tentative Map. The City Attorney stated that this involved, technically, sections of the Subdivision Act and the State Map Act, since the Tentative Map has been approved by the City Council. The Commission must now follow the pro- cedure to amend the Tentative Map to comply with the Final Map. The Ordinance states that the Final Map must be prepared in conformance with the Tentative Map as approved. The procedure now will be for the Planning Commission to review the changes in the Tentative Map and send it to the City Council as though it is a new map. -17- PC-25 Minutes of the 11/13/67 Planning Commission Meeting ---------------------------------------------------------------------------- Mr. Ralph Ramona, associated with Mr. Rodriguez, explained that the only changes they have made was to reduce the number of lots in the project; there are no changes in street alignment or any other con- ditions. They now have half as many lots as the original Tentative Map showed, with 200 foot frontages rather than 100 foot frontages. The City Attorney pointed out that the Ordinance provides that copies of the Tentative Map be mailed to all the public agencies concerned with the area, for their report to the Planning Commission. The Planning Commission must then approve the revised Tentative Map and recommend it to the City Council. The Ordinance does not re~uire a notice of public hearing on the Tentative Map, except when it is com- bined with a rezoning application. We cannot approve the Tentative Map unless copies are sent to the public agencies. There is no other method by which to change the public record except according to the Subdivision Ordinance. Mr. Ramona said they were concerned with the time limit; they had hoped to begin construction before the rains. He would have to re-consider his proposed changes and decide whether he would prefer to submit the Final Map which would be in conformance with the Approved Tentative Map, or to make the changes and proceed with the new Tentative Map procedures. Discussion followed with the applicant as to the best procedure to be followed. Moved by Comm. Hirshon, seconded by Co~~. Frolich, that this matter be continued to the next regular meeting, with a recommendation that the City Attorney's interpretation of the Ordinance be complied with, and the understanding that copies of the revised Tentative Map be sent to the public and ~uasi-public agencies concerned. AYES: NAYS: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenlrth None Motion carried, 5-0 The Dir. of Public Works suggested as an alternative that the applicant submit a Final Map conforming with the originally approved Tentative Map. Later, when he finds a buyer, changes can be made by filing a Record of Survey. Mr. Ramona will consider the suggestions presented tonight, and appear before the next Planning Commission meeting. X ADJOURNMENT Moved by Comm. Horgan, seconded by Comm. Bryson, to adjourn the meeting at 12:15 A.M. Motion carried, 5-0 APPROVED: rTEST: /s/ John W. Buthenuth Chairman of Planning -18-