Loading...
PC 08-28-67 10300 Torre Avenue, Cupertino, California Phone: 252-4505 ---------------------------------------------------------------- pC-18 80,000.4 C I T Y o F CUP E R TIN 0 California MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION August 28, 1967 8:00 PM Held in the Council Chambers, City Hall, 10300 Torre Avenue Cupertino, California I SALUTE TO THE FLAG II ROLL CALL Commissioners present: Commissioners absent: Bryson, Frolich, Hirshon Buthenuth, Horgan staff present: City Attorney, Sam Anderson Dir. of Planning, Adde Laurin Dir. of Public Works, Frank Finney Assistant Planner, Jim Nuzum Recording Secretary, Lois Inwards In the absence of Commissioner Buthenuth, Vice- Chairman Bryson acted as Chairman. The Assistant Planner represented the Planning Department until the Planning Director returned from a conference. III MINUTES OF PREVIOUS MEETING, August 14, 1967 Moved by Commissioner Hirshon, seconded by Com- missiner Frolich, to approve the Minutes of August 14, 1967, as recorded. Motion carried, 3-0 IV ANNOUNCEMENT OF POSTPONEMENTS, etc: A. 17-U-67 - CARL NYLIN - LOREN HENDERSON: Postponement requested by the Planning Department because the necessary exhibits to the application have not been submitted. The Assistant Planner confirmed that the necessary exhibits to Application 17-U-67 have not been submitted to the Planning Department, nor has the applicant indi- cated his intentions. -1- pC-18 Minutes of August 28, 1967, Planning Gùmmission Meeting ----------------------------------------------------------------- MINUTE ORDER: Moved by Commissioner Frolich, seconded by Com- misionner Hirshon, to postpone Application 17-U-67 until the next regular meeting; the applicant to be duly notified. Motion carried, 3-0 81,004 B. The Assistant Planner requested postponement of Ordinance 220(i) and Ordinance 220(j) (Items VII E and F on this agenda). The Planning Department has not had adequate time to devote to ~hese two items, due to work with applications. So moved by Commissioner Frolich, seconded by Commissioner Hirshon. Motion carried, 3-0 V WRITTEN COMMUNICATIONS A. The Assistant Planner said that the written communications all pertained to items on the agenda and would be introduced at the proper time. B. The Assistant Planner distributed a set of develop- ment plans submitted as exhibits when the various Planned Development zones in "he city were rezoned. None of them has materialized. This study has a bearing on Application 15-Z-67. C. The Planning Director introduced a traffic study by the County's Department of Public Works, covering the area west of Stevens Freeway. The study shows the number of lanes considered prac- tical. Anticipated traffic volumes are not shown in the study proper, but have been pre- sented at an inter-department meeting. Traffic volumes per lane on Foothill Boulevard and Stevens Creek Boulevard west of the freeway would be very high, requiring the highest stan- dard of traffic planning and traffic engineering. Now that this traffic study has been completed, an attempt will be made to arrange a joint meet- ing of the Cupertino Planning Commission and the County Planning Commission towards the end of September or the beginning of October. -2- pC-18 Minutes of August 28, 1967, Planning Commission Meeting ----------------------------------------------------------------- V WRITTEN COMMUNICATIONS (cont'd) D. The Planning Director reported on a meeting of the Planning Commission of Los Altos, which he had attended, as instructed. Los Altos considers a revision of the General Plan which would permit high-density apartments in an area south of Junipero Serra Freeway and west of Foothill Blvd. Cupertino's concern is that because of the limited traffic capacity, every rezoning to high- er density in Los Altos would have to be com- pensated by a rezoning to lower density in Cupertino, even if this lands us in a court battle. Hearings were continued to the next meeting. Commissioner Frolich said the traffic plan was based in part on their present General Plan, which shows Rl in the area. He did not feel it would be unreasonable to prevail upon them to retain the area as Rl. Cupertino made a mistake, to a certain degree, some ten years ago; that does not mean Los Altos should compound the error. The Commission instructed the Planning Director to attend the next meeting in Los Altos. VI VERBAL COMMUNICATIONS There were none. VII HEARINGS SCHEDULED: Il-TM-67 A. NORMAN J. NATHANSON - KAY HOMES: approx. 37 acres located south of Freeway and east of proposed Mary sion. Second Hearing. TENTATIVE MAP Junipero Serra Avenue exten- Mr. Jack Kuzia, of MacKay & Somps, Civil Engineers, represented the applicant. The Planning Director said that the only problem connected with the Tentative Map is that this map decides the capacity and accident rate of Mary Avenue. A field survey has just been completed, and the standards discussed with the Director of Public Works. The applicant's map necessitates 6% grade on the Mary Avenue ramp and vertical curves designed for 33 mph. Posted speed would be 25 mph, as it should be lower than design speed. -3- PC-IS -------------------------------- -------------------------------- Minutes of "~l1gust 2S,"'-967, Planning Commission Meeting The Planning Director continued to say that traffic volume on Mary Avenue may be the fifth in order of all streets in Cupertino (after Wolfe Road and before Homestead Road). Such major streets are almost every- where posted 35 mph and should be designed for 40 or 45 mph. Unless there is a 24-hours-a-day police supervision, people do drive about 40 mph whether such a street is posted 25 or 35. Very low speed reduces capacity. The Planning Director was very concerned that we let the Tentative Map not only increase the accident rate, but also commit ourselves to unnecessary and very high expenses for widenirtg other streets in order to com- pensate for the lowered capacity of Mary Avenue. He demonstrated a sketch for a Tentative Map he had made which would permit normal standards for the Mary Ave. overpass. This alternative would require 13,000 sq. ft. more street area and reduction in size of some of the larger lots, but it could retain the same number of lots as the applicant's map. In answer to Chairman Bryson's question, the Director of Public Works said that, in light of the possibi- lity of driveways entering onto Mary Avenue, another access would not make that much difference. (NOTE: The condition to the rezoning states "not more than two accesses to Mary Avenue", not that it must have two accesses.) Other areas adjacent to Mary Avenue were discussed. The Planning Director said that a modicum of planning could ensure a safe 35 mph speed and corresponding capacity. He continued to say tt,'ìt the area opposite Mary Avenue from the Tentative Map area is virtually undevelopable unless consolidated into one lot. This is true whether used for Rl or any other purpose, and independent of the standards of Mary Avenue. However, if such consolidation were done, the area has very great potential and would be very valuable as an OP zone, which permits professional offices, executive and administrative offices, medical and allied labo- ratories, and research and development. Mr. Kuzia noted that at only one point is it a 6% grade on the overcrossing. Mr. Norman Nathanson, 10500 Mary Avenue, Cupertino, said that he too is interested in good planning; however, he must also be practical. For the sake of expediency, he was willing to go along with the in- clusion of the three acres he intends to retain in -,4- pC-18 Minutes of August 28, 1967, Planning Commission Meeting ----------------------------------------------------------------- the Tentative Map, although he has no intention or sub-dividing it. He did not feel there was much chance of combining the six parcels on the west side of Mary Avenue. He did not feel that asking for two accesses for 37 acres was being unreasonable. Moved by Commissioner Frolich, seconded by Commissioner Hirshon, to close the Public Hearings. AYES: NAYS: ABSENT: Commissioners Frolich, Hirshon, Bryson None Commissioners Buthenuth, Horgan Motion carried, 3-0 Moved by Commissioner Frolich, seconded by Comm.Hirshon to approve Application Il-TM-67, subject to the follow- ing conditions: (No.3 added later during the meeting.) 1. The Nathanson home site, shown as a residual portion, will be included as a part or this Tentative Map and designated as Lot No. 124. 2. That portion of Lot No. 124 as fronts on Mary Avenue will be dedicated and improved to the same standards as the remaining portion of Mary Avenue; 3. This applicant is jointly responsible with the developer of the area covered by Application 12-TM-67 to secure dedication of that portion of Greenleaf Drive presently on the Garden Gate School property, and to improve same to City standards. AYES: NAYS: ABSENT: Commissioners Frolich, Hirshon, Bryson None Commissioners Buthenuth, Horgan Motion carried, 3-0 The applicant was informed that this application will come before the City Council on Tuesday, September 5th. 15-Z-67 B. 12-TM-67 STONESON DEVELOPMENT CORP. - DITZ-CRANE: REZONING from Planned Development (p) zone, with Residential Use, to Single-family Residential 7500 sq. rt. lots (Rl-7.5), and TENTATIVE MAP. ' Approx. 28 acres located east side of Mary Avenue 1700 feet north of Stevens Creek Blvd. First Hearing. Mr. George Ditz, President or Ditz-Crane Developers, was present at the meeting. -5- pC-18 ----------------------------------------------------------------- Minutes of August 28, 1967, Planning Commission Meeting The Planning Director quoted from his memo of August 25 and said that this application is for a change from a more restricted zone, Planned Development (p), to a less restricted zone, Rl-7.5. The project is a stan- dard Rl tract, and a rezoning is for several reasons preferable to a Use Permit within a P zone; one reason being that the applicant then does not need A & S control. He offered to discuss what has happened to Planned Developments in Cupertino, if the Commission so wished, but the Commissioners preferred to study this separately, on another occasion. Moved by Commissioner Hirshon, seconded by Commissioner Frolich, to close the Public Hearings on the rezoning. Motion carried, 3-0 Moved by Commissioner Hirshon, seconded by Commissioner Frolich, to approve Application 15-Z-67, including the 12 standard conditions. AYES: NAYS: ABSENT: commissioners Frolich, Hirshon, Bryson None Commissioners Buthenuth, Horgan Motion carried, 3-0 Discussion of the Tentative Map followed. Mr. Ditz raised the question of whether Lot 114 should be in- cluded in this Tentative Map. The Assistant Planner stated that it is necessary to have some legal document to create a lot split into one section to be subdivided by Ditz-Crane and another to be retained by Stoneson. It would appear that the most expedient way would be to include the southern portion as a part of the Tentative Map and assign it a lot number; in this case, Lot #114. This interpretation was agreed upon by the Director of Public Works, the Planning Director, and the City Attorney. The Planning Director said that 90' width for Mary Avenue was needed to take care of left-turn lane and sidewalk near the intersection, but that the section could be narrowed between intersections. In discuss- ing sidewalk width, it was brought out that provision for fire plugs and luminairs must be taken into con- sideration. Mr. Kuzia, representative of MacKay & Somps, Civil Engineers, agreed to: 40' street with 5' sidewalk. There will be no landscaped area between the street and the fence on the back-up lots, to eliminate the maintenance problem. -6- pC-18 ----------------------------------------------------------------- Minutes of August 28, 1967, Planning Commission Meeting The Director of Public Works asked that the subdivider provide some sort of transition from the undeveloped to the proposed development without a jog. Commissioner Frolich asked about Greenleaf Drive. There is an area approximately 100 feet, presently owned by the school, which should be included at this time in the street improvements. The City Attorney confirmed the fact that the City has the power to re- quire off-site improvements. Commissioner Frolich would like to have the two developers of the projects covered by applications Il-TM-67 and 12-TM-67 split the cost of the improve- ments of that portion of the street in front of the school. The City Attorney said the developers should be required to eminent domain the street property in front on the school and to pave it. Mr. Nathanson said he never heard the requirement for Greenleaf Drive raised in the negotiations; however, he had talked with the school district and they said they could see no problem in dedicating this street, and Mr. Kay had not objected. It was never confirmed, however. The City Attorney advised the developers to jointly gain a grant deed to the City and jointly make the necessary arrangements so that Greenleaf Drive will be improved. The City can then accept the grant deed. Moved by Commissioner Frolich, seconded by Commis~ sioner Hirshon, to close the Public Hearings on 12-TM-67. Motion carried, 3-0 Moved by Commissioner Frolich, seconded by Commis~ sioner Hirshon, to approve application 12-TM-67 with the following conditions: 1. The cross-section of Mary Avenue to be changed to require a 40-ft half street dedication with improvements to the satisfaction of the Director of Public Works. 2. This applicant is jointly responsible with the developer of the area covered by application Il-TM-67 to secure dedication of that portion',. of Greenleaf Drive presently on the Garden Gate School property, and to improve same to City standards. ' -7- pC-18, Minutes of August 28, 1967, Planning Commission Meeting ----------------------------------------------------------------- 3. Mary Avenue shall be flared near Lot 27 to provide a smooth transition from existing section in front of Lot 114 to the wider section; design as approved by the Director of Public Works. 4. The Tentative Map will reflect the fact that the lots are measured to the nearest foot, and the final map will show the correct figures. No lot shall be less than 7500 sq. ft. in area. 5. This developer (Ditz-Crane) is not at this time responsible for the improvement of Mary Avenue adjacent to Lot 114 as shown on this Tentative Map. AYES: NAYS: ABSENT: Commissioners Frolich, Hirshon, Bryson None Commissioners Buthenuth, Horgan Motion carried, 3-0 The applicant was informed that both applications will come before the City Council on Monday, September 18th. Moved by Commissioner Frolich, seconded by Commissioner Hirshon, to reopen the Hearing on Application Il-TM-67. Motion carried, 3-0 Il-TM-67 Moved by Commissioner Frolich, seconded by Commissioner Hirshon, to include the following condition in the approval of application Il-TM-67 (Nathanson - Kay Homes): ,3. This applicant to be jointly responsible with the developer of the area covered by application 12-TM-67 to secure dedication of that portion of Greenleaf Drive presently on the Garden Gate School property, and to improve same to City standards. AYES: NAYS: ABSENT: Commissioners Frolich, Hirshon, Bryson None Commissioners Buthenuth, Horgan Motion carried, 3-0 Chairman Bryson called for a recess at 10:20 PM. Meet- ing reconvened at 10:35 PM. -8- PC-lô ----------------------------------------------------------------- Minutes of August 26 , 1967, Planning Commission Meeting 18-u-67 C. JOSEPH and ROSE ARATA, et al (CAR CLINIC, INC.) USE PERMIT to build an automotive diagnostic center, located approx. 200 feet north of the NE corner of Saratoga-Sunnyvale Road and BOllinger Road. First Hearing. Mr. Frank Peterson, of Car Clinic, Inc. represented the applicant. He said he will be the operator of the proposed use. The Planning Director recommended approval of this application because that part of Highway 85 is developing into an "auto row". He proposed the stipulation that there be no major overhaul work done at this location. Commissioner Hirshon noted the depth of the lot and asked what the applicant planned to do with the excess property. Mr. Peterson said they are plan- ning no operations at the rear of the lot, and that the lot will be landscaped. The Planning Director said the property owner would have to come back in for another Use Permit if he intends to use that back portion of the property for another use than the one indicated. The Assistant Planner also called attention to the ordinance requiring a 6-ft masonry wall where com- mercial property abuts residential property. The applicant must also appear before the Architectural and Site Control Committee. The Assistant Planner also suggested re-confirmation of the requirement of dedication to the width of Highway 85, as stipu- lated by the Department of Public Works. Moved by Commissioner Hirshon, seconded by Commis- sioner Frolich, to close the Public Hearings. ': Motion carried, 3-0 Moved by Commissioner Hirshon, seconded by Commis- sioner Frolich, to approve application l8-u-67, subject to the following conditions: 1. The dedication and improvement of the frontage along Saratoga-Sunnyvale Road shall be completed as stipulated in Planning Commission Resolution No. 314. 2. No auto overhaul or major repair work to take place on the premises. -9- pC-18 Minutes of August 28, 1967, Planning Commission Meeting ----------------------------------------------------------------- AYES: NAYS: ABSENT: Commissioners Frolich, Hirshon, Bryson None Commissioners Buthenuth, Horgan Motion carried, 3-0 17-U-67 D. CARL NYLIN - LOREN HENDERSON: USE PERMIT for service station SE corner of Foothill Blvd. and McClellan Road. First Hearing. This hearing was postponed to the next regular meeting. MINUTE ORDER: Moved by Commissioner Frolich, seconded by Commissioner Hirshon, that unless the necessary ex- hibits for application 17-U-67 are received in the Planning Department by noon of Friday, September 1, this application will be taken off the agenda. Motion carried, 3-0 81,004 E. ORDINANCE 220(i) regulating Light Industrial (ML) zones. First Hearing continued. This hearing was postponed to the next regular meeting. 81,004 F. ORDINANCE 220(j) regulating Agricultural and Agricultural-Residential (AI) zones. Second Hearing continued. This hearing was postponed to the next regular meeting. VIII UNFINISHED BUSINESS There was none. IX NEW BUSINESS There was none. X ADJOURNMENT Moved by Commissioner Hirshon, seconded by Commis- sioner Frolich, to adjourn the meeting at 11:00 PM. APPROVED: /s/ J.Wayné Bryson Vice-Chairman ATTEST: O~ ofawu~ Adde Laurin, Director of Planning -10-