PC 09-11-67
10300 Torre Av~ è, Cupertino, California 95014
Phone: 252-4505
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PC-19 80,000.4
C I T Y 0 F CUP E R TIN 0
California
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
September 11, 1967 8:00 I'M
Held in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino
I SALUTE TO THE FLAG
II ROLL CALL
Comm. present:
Comm. absent:
Frolich, Hirshon, Horgan, Buthenuth
Bryson
Staff present:
City Attorney, Sam Anderson
Director of Planning, Adde Laurin
Director of Public Works, Frank Finney
Assistant Planner, Jim Nuzum
Recording Secretary, Lois Inwards
III MINUTES OF PREVIOUS MEETING, August 28, 1967
Comm. Frolich had the following corrections:
P 3 2 thi d t Insert the word "If" at the
age ,para., r sen ence:
beginning of the sentence.
Page 7, para. 3, last sentence: Insert the words "finance acquisi-
tion or" between the words "to" and "eminent" in the next to the
last line.
Moved by Comm. Hirshon, seconded by Comm. Frolich, to approve the
Minutes of August 28, 1967, as corrected.
AYES:
NAYS:
ABSTAINED:
ABSENT:
Comm. Frolich, Hirshon
None
Comm. Horgan, Buthenuth
Comm. Bryson
The City Attorney advised the result of the last motion called for the
"rule of necessity" procedure, which states where there is a tied vote,
in order to carry on the business of the City, it becomes necessary
for the Chairman to cast the deciding vote or to put the matter over
to the next regular meeting. He quoted from the proceedings of the
City Clerks' Conference, League of California Cities, May 5, 1960.
Under the circumstances, Chairman Buthenuth cast an AYE vote.
Motion carried, 3-0
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PC-19
Minutes of the 9/J.,~/67 Planning Co"!!!:d.ssion Meeting
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IV ANNOUNCEMENT OF POSTPONEMENTS, etc.:
17-U-67 A. CARL NYLIN and LOREN HENDERSON: USE PERMIT for service station
SE corner of Foothill Blvd. and McClellan Road.
The Planning Director said the above application has been cancelled
because the required exhibits were not submitted, as per the
Planning Commission's Minute Order. The applicant has been notified
in advance, both verbally and in writing.
21-U-67 B. MILDRED SCOTr, CHARLES PEREZ and RICHARD JONES: USE PERMIT to
operate an automobile repair shop and related uses in existing
rear building at 20301 Stevens Creek Blvd.
The Planning Director stated this application was withdrawn at the
request of the applicant.
81,004
C. Due to a backlog of work, the Planning Director has not had
sufficient time to devote to Ordinance 220(i) and, thus,
requested postponement of same to the next regular meeting.
Further studies have been made on Ordinance 220(j), however,
and will be presented under Item VII E.
So moved by Comm. Frolich, seconded by Comm. Hirshon.
Motion carried, 4-0
V WRITrEN COMMUNICATIONS:
14-TM-67 A. The Planning Director stated his office has received application
for a Tentative Map for a subdivision in the hills. No portion
of subject property fronts on a public street, which is in
violation of the Subdivision Ordinance. Rather than make an
administrative decision (which can be appealed to the City Council)
to refuse to accept the application, he would prefer to put it on
the Planning Commission's next agenda. The applicant is aware
of the objections to the Tentative Map.
81,053 B. ASSISTANT I'LAIfflER: Report on Horses, Stables and Riding.
The Assistant Planner reviewed his memo of August 25, 1967,
emphasizing sub-items A, B and C.
Comm. ~irshon wished to add the following phrase to sub-item B:
"leave the horses there, providing they do not leave the premises."
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PC-19
Minuh ::of t,h~ q Ill/é? Pls.nninQ' Cðmmi,s~ .1 Meeting
--------------------------
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VI VERBAL C0MMUNICATIO¡¡S
81,025.81 A. The Planning Director saìü the Los A'tos Planning Commission
hearing "r' the revision of the Gem""i', ¡'.,,"-,', for an area
adjacent tG c,~¡p"'rtino was post.)On"d. ;!" will attend the
next meeting.
VII m~ARlNGS SCBED1JLED
19-U-67 A. KENNETH V. WTZ - ROBERT ,1. WHALE": .1SE PERMIT to keep four
horses for own use on property at t0565 Mary Avenue, 1.56
acres. First Hearing.
Mr. Robert J. Whaley, 10565 Mary A"" ',pertino, stated he is a
member of the Santa Clara County J'2, Association, and he
"trailers" his horses out to where V:<' , ','~. He is also checking
with P.G. & E. to see if he can get p", .s',h".1 to ride in the
P.G. & E. easement adjacent to his pr,",,"c"':/. He is also adjacent
to the City's corporation yard.
The Assistant Planner reportea 'he City Manager's suggestion
that, if this Use Permit be appro·,eu, l,t be on a year-to-year
basis pending development of pr01J",rty in the area.
When asked, Mr. Whaley said his f:..',1c,es i"''."'' currently being boarded
on the Regnart property. He ass"TP'J. t;h8 ,commission that sanitary
standards will be upheld if this'€' Permit is approved.
Mrs. Fritz, 22055 Regnart Road, e;,
to vouch for ~Ir. Whaley. She, to,',
easily be controlled.
,'" rtated she was present
,"e fly problem can
Moved by Comm. Frolich, secondeü b;, '",
Public Hearings.
ishon, to close the
Motion carried, ,,-,
Moved by Comm. jo'rolich, secon,'Jed by ',,',m'.. Hirshon, to approve
application 19-U-67, subject t,o the c:Jnd.ltìons outlined in the
Assistant Planner's memo of September .1, .l967, with the exception
that the Use PerIlli,t be limi1;ed to one YPIJI; "0 additional charge
for possible renewal of the Use Permit.
AYES:
NAYS'
ABS-~~N'r :
';üŒlli. fl'olich, Hirshon, Horgan, Buthenuth
N()n\~
':':"'". Bryson
Motion carried, 4-0
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PC-19
Mirriüt,f;':F; c.>f the 9/:L, .)7 Planning CC'rrD::rrission Meeting
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20-u-67 B. HELEN PIEPGRAS - ROBERT FOSTER: USE PERMIT to keep horses on
commercially zoned property, 20085 Stevens Creek Blvd., 1 acre.
First Hearing.
Mr. Robert Foster, 20085 Stevens Creek Blvd., Cupertino, said he
belongs to the California Horsemen's Association and has lived around
horses all his life. He intends to construct a board fence to con-
tain the horses and camoflage them from Stevens Creek Blvd., and will
trailer them to riding areas.
The Assistant Planner told the Commission that there have been com-
plaints about the horses in this location from nearby residents and
from the occupants of the nearby professional building. The Planning
Director recommended that this application be denied because of the
location in the central part of the City. It was brought out that
the Building Inspector had reported that this seemed to be developing
into a hay-selling operation, also.
Mr. Foster said that he sold his excess hay when he moved his horses.
He said that the fly problem exists only when the fruit in the nearby
orchard is in season. He added that he only needs the Use Permit
until the property is developed.
Mrs. Wellington Wagner, 20129 Stevens Creek Road, Cupertino, said
she does not object to the horses being there, but she does object
to the neighborhood children tying boxes to the horses and frightening
them to the point where they pose a threat to her visiting grand-
children on her property. Mr. Foster countered with the remark that
the horses got onto her property because "her kids" broke the fence.
Moved by Comm. Hirshon, seconded by Comm. Horgan, to close the
Public Hearings.
Motion carried, 4-0
Comm. Hirshon felt this application should be treated the same as the
previous one, with the same conditions. Chairman Buthenuth noted that
this is in a commercial zone and within 100' of a professional building;
whereas the previous application was in a relatively remote area.
Moved by Comm. Hirshon, seconded by Comm. Horgan, to reopen the
Public Hearings.
Motion carried, 4-0
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PC-19
Minute jf the 9/11/67 Planning Commisal Meeting
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Mr. Jack Fleming, 20065 Stevens Creek Blvd., Cupertino, said he
does not object to the horses as long as they are contained on the
property. There have been instances when the horses have been
on the parking lot of the professional building. Secondly, manure
is stored within 20' of the buildir~.
Moved by Comm. Hirshon, seconded by Comm. Horgan, to close the
Public Hearings.
Motion carried, 4-0
Moved by Comm. Hirshon, seconded by Comm. Horgan, to approve
application 20-u-67 with the following conditions:
1. Applicant is to keep no more than four horses on the property.
2. Duration of this Use Permit is to be one year.
3. No horses are to be ridden off the premises or on adjacent
areas and are to be trailered to riding areas.
4. Adequate fencing and screening to be c,)nstructed to contain
the horses and to protect adjacent properties, including the
view of the premises from Stevens Creek Blvd. The fence that
will be facing Stevens Creek Blvd. is to be a solid board
fence, six (6) feet high the entire wiœ~h of the property;
except that the fence ma;y be eliminated where it is attached
to the garage. The fence will be appre,ximately fifty (50)
feet from Stevens Creek Blvd. Also, there shall be fencing
of a similar nature on the eastern portion of the property
bordering the professional center on St"nrens Creek Blvd.
5. The applicant must comply with the County Health Department
regulations as to sanitation.
AYES:
NAYS:
ABSENT :
Comm. Frolich, Hirshon, Horgan, Buthenuth
None
Comm. Bryson
Motion carried, 4-0
16-z-67 C. JOSEPH F. BROWN, et al: REZONIN' approx. 15 acres from
Single-family Residential (Rl-lO) and High-density Multiple
Residential (R3-2.2) to Light Industrial (i\1L), 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 Road. First Hearing.
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PC-19
Minutes of the 9/1. J7 Planning Commission Meeting
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Dr. Joseph Brown, 20985 Peppertree Lane, Cupertino, asked the Planning
Commission to consider his proposal. The Planning Director stated that
there are still several unsolved problems, such as possible inclusion
of adjacent property in the rezoning, non-conforming uses, street
pattern and construction, screening toward residential areas. Unless
the Planning Commission felt that Light Industrial is entirely out of
the question for this location, he WB.S prepared to continue studies
and discussions with the applicant. He added that the City does need
Light Industrial zoning that is not as restrictive as the Rodrigues
property; the questions are how much and whether this is the proper area
for it. He was concerned about the traffic capacity of Saratoga-
Sunnyvale Road since this factor will have a direct bearing on the
development of the area.
Comm. Horgan questioned whether Light Industrial belongs in this area.
The City Attorney noted the community already has five Light Indus-
trial uses on Highway 85 and perhaps the pattern is now set.
The Assistant Planner called attention to the ten exhibits prepared
for this proposal, noting the 30' buffer on Exhibit 8. Dr. Brown
said he would like a definite delineation here to discourage litter,
etc., from being left on this area, and would like to construct a
solid fence or wall to separate industrial and residential areas. A
berm and planting would depend on the uses on the property.
Comm. Hirshon asked the Planning Director how this proposal fits in
with the General Plan. The Director said the General Plan currently
calls for apartments in this area. Whatever is to be constructed here,
he felt it was most important to restrict vehicular entrances and
exits to the interior street system to prevent congestion and accidents
on Saratoga-Sunnyvale Road. Also, architecturally satisfactory build-
ings and display windows should face Saratoga-Sunnyvale Road, rather
than parking lots or used car lots.
The Director of Public Works said that he would like to see as a
condition of the rezoning, that the applicant make the dedication
for widening of Saratoga-Sunnyvale Road at this time, the improvements
to go in at the time of development.
Moved by Comm. Hirshon, seconded by Comm. Horgan, to instruct the
staff to investigate this matter further and report back at the next
meeting.
Motion carried, 4-0
Moved by Comm. Hirshon, seconded by Comm. Horgan, to continue the
First Hearing.
Motion carried, 4-0
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PC-Ic,
~:,i!·;'.;,~ If.:
"
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If.,'1?';;';'lnin.;: i"ommisl t'! Meetìng
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Chairmar¡ Buthenuth called for a recess at 9:45 P.M. The meeting
reconvened at 10:00 P.M.
81,004 D. ORDINANCE 220(1) regl!lating Light Industrial (ML) zones.
First Hearing continued.
This mstt,er was postponed to the next; regular meeting.
81,004
E:. ORDINANCE 220( j) regulating AgricultID"al and Agricultural-
Residenti;;l (Al) zones. Second Heari.ng continued.
SectIon Comment
~*~~_~= ~.'C_·_~~,_~
9301 Second Draf't !'etained; should be 92.3 ,"'I O·,·dinance.
93~2 Second Draft retaIned.
93.3 Third Draft approved.
94.2 Maj. A. Perkins, ll717 Regnart Road, Cllpertino, felt Section 94.2
was irrelevant because we alread,y have an ordinance prohibiting
tra.tlers. The Planning Commission felt that it would not be
detrimental to use trailers for hO\lsi.ng of agricultural workers.
Second Draft retained.
94.3 Shall read: "Residences of farm workers and their families whose
primary emp.1oyment is incidental.... .are located."
94.5 Mr. Melvin Peterson, U59 Elmsford, San .rose, stated he has land
in the foothills that might be used for pasture land in the future.
Second Draft retained. '
96.1 e Shall read: "Riding academies and co:mm",,'d.al stables, both publiC
and private, profit and non-profit., t;(·:, ncl ude the boarding of
horses. Ii (P.1 anning Director's note:: Rewording to be presented
September 25th may cover the Commission's intent better.)
96.1 f Second Draft reta.ined.
Moved by COT11l. 'F'rolich, seconded by Corom. Horgan, to close the
Public Hearings.
Motion carried, 4-0
Moved by Carom. Frolich that the version of Ordinance 220(j), as
amended on July 19th and further amended a.s of this date, be
enacted by the city Council. Motion died for lack of a second.
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PC-l9
Minuteì:; of t;b~ \
Pl. :<In)'-1 '''''it C",::'nrr: i.srd.01t11 !"'t~r;,::,>¡ 1.ri¡
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Conun. Horgan and Cha,inna.n H'IJ Gftenu.iUn pre:ferred to see the finished
version before e'-'ndinl' it on up t.o the Cit.y C011.11<o1.1. It. will be
placed on the PJ. !tIming Commission agenda for September 25, 1967,
under Uní'inished Business.
l'he Planning llirector int'ormed the Plam1Ìng Comrdssioners that, since
Ordinance 220(.j) is now ahead of Ord.inance 220( n, it will be
necessary to renumber the para.graphs.
VIII UNFINiS1ŒTI BUSINT:HS -- There WI.\S none.
IX Nr..'W BUSINESS -- TherE' was !Jone.
X ADJOURNMENT
Moved by Comm. Hir,sl1on, sf'conded by (;omm. Horgan, to adjourn the
meeting at l' :00 P.M.
Motion carried. 4-0
APPROVED:
/s/
John ~:. Buthenuth
--~è'h8iI'man
ATTEST:
OrUL~1V\.
Add.e Laurin
Director of Planning
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