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PC 07-24-67 10300 Torre Avenue, Cupertino, California, 95014 Phone: 252-4505 ------------------------------~~---------------------------------------------- pc-16 80,000.4 C I T Y 0 F CUP E R TIN 0 California MINUTES OF THE REGULAR MEETmG OF THE PLANNmG COMMISSION July 24, 1967 8:00 P.M. Held in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California I SAWTE TO THE FLAG II ROLL CALL Comm. present: Comm. absent: Bryson, Frolich, Hirshon, Horgan, Buthenuth Nøne Staff present: Director of Planning, Adde Laurin City Attorney, Sam Anderson Director of Public Works, Frank Finney Assistant Planner, Jim Nuzum Recording Secretary, Lois Inwards III MmUTES OF PREVIOUS MEETINGS: June 26 & 27 & July 10, 1967 Moved by Comm. Horgan, seconded by Comm. Hirshon, to approve the Minutes of June 26, 1967. Motion carried, 5-0 Moved by Comm. Bryson, seconded by Comm. Horgan, to approve the Minutes of June 27, 1967. Motion carried, 4-0 (Chairman Buthenuth abstained) Moved by Comm. Hirshon, seconded by Comm. Horgan, to approve the Minutes of July 10, 1967. Motion carried, 4-0 (Chairman Buthenuth abstained) IV ANNOUNCEMENT OF POSTPONEMENTS, etc. There were none. -1- pc-16 Minutes of the July 24, 1967, Planning Commission øieeting ------------------------------------------------------------------------------ V WRITTEN COMMUNICATIONS There were none that did not pertain to items on the agenda. VI VERBAL COMMUNICATIONS A. The Planning Director announced that it has been tentatively suggested that a joint meeting with the City Council and Planning Comminion be set for Tuesday, August 15th. Since this date immediately follows the regular Planning Commission meeting, Comm. Hirshon suggested Wednesday, August 16th, as an alternative. The Planning Director is to check this date with the Council. B. The Planning Director announced that the new Sign Ordinance has just become effective. He asked that the Commissioners bring in both their Zoning Maps Books and Zoning Ordinances Books, to be brought up-to-date. VII HEARmGS SCHEDULED 9-TM-67 A. THOR E. JOHNSON (RON L. KANE): TENTATIVE MAP, approximately one acre located east side of Mount Crest Drive. First Hearing continued. Both applicants were present. They had no statements to make but were willing to answer any question.. The Planning Director had no comments to make. The Director of Public Works said the applicant had sub- mitted a reviled, acceptable Tentative Map showing the drainage system. Moved by Comm. Horgan, .econded by Comm. Bryson, to close the Public Hearings. Motion carried, 5-0 Moved by Comm. Hørgan, seconded by Comm. Bryson, to approve application 9-iM-67. AYES: NAYS: ABSTAmED: Comm. Bry.on, Frolich, Hirshon, Horgan None Chairman Buthenuth Motion carried, 4-0 The applicants were told this would come before the City Council on Monday, August 7th. i F -2- '. pc-l6 Minutè-s of the July ;¡4, 1967, Planning Commission Meeting ------------------------------------------------------------------------------ lO-TM-67 B. NELLIE F. MILJARAK: TENTATIVE MAP, approximately one acre located west side of Mount Crest Drive at extreme south end. First Hearing. Mr. Chase said he was representing Mrs. Miljarak. He asked for a staff report before he made his statements. The Director of Public Works said the Tentative Map does not contain enough information; for instance, who will serve water to this property, how it will be served, and will this come under the Cupertino Sanitary District? Mr. Chase said that he did not believe these things were needed on this Tentative Map because they are all a part of the Crump Tentative Map on the adjacent property. The sanitary sewer is stubbed out to the property. They will merely extend the utilities and drain line. The Director of Public Works noted the objection of the Fire Marshal in that the Tentative Map shows a maximum 2~ grade on the 20' wide paved driveway which will serve these two lots. It was also felt that there was not sufficient turn-around space for the fire trucks. When it was suggested this application be tabled to allow time for the applicant to pursue these matters with his Civil Engineer, Mr. Chase said a delay of three weeks could present a hardship. Mrs. Miljarak, a recent widow, is trying to get these two lots ready to be sold. They are concerned that delays could run the construc- tion time into the rainy season. Mr. Chase asked if the Planning Commission could approve this Tentative Map, subject to any Public Works requirements to be satisfied prior to the Tentative Map going before the City Council in two weeks. Mr. Chase equated the grade on this private road to that of the 171> grade public street up to the one-acre Prospect Hill Subdivision lots. He said they have adequate drainage and underground utilities. The Director of Public Works said the missing items are technical in this instance, and with the cooperation of the applicant, he could work around them. The fact is that this property is consider- ably higher than the Crump property, so a letter from the Cupertino Water Company will be necessary. The matter can be solved with a booster pump. As to the 171> versus 2~ grade on a private driveway; perhaps an ingress-egress could be negotiated through the Williamson- Wooley property which is now being developed. Mr. Chase said they are well awe' ~ of the many problems which must be solved, and fully intenè to do so. -3- pc-16 Minutes of the July 24, 1967, Planning Commission Meeting -------------------------------.....--------------------------------------------- The City Attorney quoted the requirements of Ordinance 47(a), all of which have not been met. He knew of no way to delegate authority for review of the Tentative Map. He said the question before the Planning Commission was whether or not there has been a representation of suf- ficient emergency to do this. At this point, Mr. Chase said he did not want to give the impression this was an emergency; here was merely trying to expedite the matter. It was through a misunderstanding that the Consultant Civil Engineer had not made the corrected Tentative Map. The Planning Director quoted the telephone call from the Fire Marshal's Office, asking that this application be denied because of the grade of the private road and the inadequate turn-around area; a written state- ment will follow. Comm. Hirshon felt there were some problems that still must be solved, before the Tentative Map is acted upon by the Planning Commission. Chairman Buthenuth and Comm. Horgan agreed. The City Attorney asked Mr. Chase whether he contemplated any Variances; and if so, perhaps they could be handled concurrently. Mr. Chase said Mrs. Miljarak is only preparing these two lots for sale, and does not plan to construct anything on them herself; therefore, they do not have any reason to ask for any Variances. Chairman Buthenuth asked for comments from the audience. There were none. Moved by Comm. Horgan, seconded by Comm. Frolich, to continue application 10-TM-67 to the next regular meeting, August 14th. Motion carried, 5-0 14-z-67 C. DANICA KOMENOVICH (FRANK KOHLES): REZONING from Residential Multiple (R3-2.2) to General Commercial (CG); 12,000 sq. ft., located south side of Homestead Road, adjacent to easterly boundary of Homestead High School. First Hearing. *** and *** 6-v-67 D. DANICA KOMENOVICH (FRANK KOHLES): VARIANCE from Ordinance 220(a-l) Sec. 1:1 c-2 restricting the number of dwelling units per lot to 20; and from Sec. 1:1 c-3 restricting the number of dwelling units per gross acre to 16. 137 units are proposed on 7.87 acres gross area; located south side of Homestead Road, adjacent to easterly boundary of Homestead Higb School. First Hearing. MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm. Hirshon, that the above 2 applications be considered concurrently since they concern the same property. Motion carried, 5-0 -4- pC-16 -----------------------------~_._------------'_.._--~---------------------------- Minutt::s of the July 24, 1967, Planning Commission Meeting Mr. Frank K,,"les presented the site 'Plan and eleva.tions, explaining that thi' as '= along as they have gone, preferring not to spend too much .,jney on the plan until they feel it will reach fruition. He said the emphasis will be on a quality development, with heavy landscaping and all the amenities such as dishwashers in all the units. The required parking will be built into the rear of the project, and they are attempting to "doll up" the parking area so it will be less objectionable-appearing. The streets will be private and not main- tained by the City. The complex will have Spanish type architecture. The parking in the rear allows for considerable freedom of pedes- trian movement. Mr. Kohles said they have applied for a rezoning to commercial of 12,000 sq. ft. in the northeast corner of the site plan, intended for a small convenience market. The architecture of the convenience market will be compatible with the project. There will be 137 covered and l37 u.'lcovered parking spaces. They feel that by eliminating the garage doors (which usually are left open to displ~ an untidy garage), they will put in storage areas with doors in each three-sided garage, which will encourage the peOþle to keep the area neat. He compared this project to the Valley Green complex. The City Attorney asked if the convenience market is strictly for the apartment complex. Mr. Kohles said the plan is that it would be chiefly for the apartment dwellers, but they would provide a few parking spaces for the convenience of other peOþle wishing to shop there. The City Attorney then raised the question of spot zoning. The Planning Director said he had referred this project to the City of Sunnyvale; both cities consult each other in planning matters adjacent to or near the joint boundary. The Sunnyvale Planning Commission meets on the same evenings as Cupertino 's, so their official comments were not available yet. However, the Planning Director quoted prelimi,nary verbal comments by Mr. Ed Moore, Sunnyvale Planning Official, concerning among other things, problems caused by the stub-ending of the existing Noranda Drive in Sunnyvale. Comm. Frolich was concerned about the density of the apartment area and about the small size of the commercial lot. He said this area is oriented to the use of the automobile and he is con- cerned about the potential traffic jams here. He would like to see a plot plan of the commercial site showing how the building would be oriented and how the parking requirements will be met. Comm. Bryson was in favor of the apartments but was against the commercial spot zoning. -5- pc-16 Minutes of the July 24, 1967, Planning Commission Meet...,,g ---------------------------~----~._------------~~-------------------------------- Comm. Hirshon asked if the staff had considered the Cluster Ordinance for this project. The Planning Director said nothing could be gained here with the Cluster Ordinance because this is one lot. He remarked on the private street; there are advantages, but also policing and other problems. Comm. Frolich commented on those problems, for instance, how does a fire truck get in there. The applicant said there is enough convenience parking in the center portion of the property, and curb parking will not be allowed. There is plenty of room for emergency vehicles to get in and out. Mr. Kohles said the intent here is to keep this primarily for adults, although they did not want to rule out children. There will be two and three bedroom units, with the two bedroom units running about 1100 sq. ft. In case any units are to be occupied by adults with children, they will be in the area closest to the freeway. Mr. Kohles said they have considered a lesser density, but the cost of the amenities make this economically unfeasible. Comm. Horgan said 10% increase in density does not seem alarming, nor does there seem to be a need for re-writing of the Ordinance. There is a commercial use within 700' of the project. If the applicant can satisfy the require- ment as to parking on the commercial site, he should be given some consideration. The Planning Director noted that the size of the parking spaces must be enlarged to meet the 10 x 20 requirement. Also, the Ordinance requires 20' between main buildings. Another problem to be contemplated here is possible future widening of Homestead Road to 110'. The Director of Public Works said there are County Plan Lines for widening of Homestead Road. Buildings should not be constructed within these lines. He also noted that the change in the size of all the parking spaces can be significant. As to the matter of private versus public streets, utilities must be provided; emergency vehicles must be able to get in and out; guest parking must be provided. He would like to review the turning radii, street widths, etc. He suggested a letter be sent to the Central Fire Protection District for their comment on this plan. Mr. Kohles felt confident that these problems could be solved. Chairman Buthenuth asked for comments from the audience. There were none. Moved by Comm. Hirshon, seconded by Comm. Bryson, to close the First Hearing. This motion and second were withdrawn when it became ap- parent there was more to discuss on the matter. -6- pc-16 Minutes of the July 24, 1967, Planning Commission Meeting ------------------------------------------------------------------------------ Comm. Frolich would like the following information at the Second Hearing: 1. Plot plan reworked to show, if necessary, the relocation of the buildings in light of future Homestead Road widening. 2. 10 x 20 parking spaces. 3. Side and rear yards should be shawn conforming with the Director's recommendations as to setbacks. 4. Recommendation of the Central Fire Protection District in regard to accessibility. 5· Plot plan including parking of the commercial area. 6. Discussion between the applicant and Director of Public Works in regard to the width of driveways, turning radii, etc. The City Attorney noted that the plan shows two pools and recrea- tional buildings, geared toward adults; and asked if the project will be limited to adults. The applicant said that they will fill the complex with adults only, if they can. The City Attorney said the City claims the right to view the leases. The approach the City uses will depend on what type of tenants they will have. Moved by Comm. Hirshon, seconded by Comm. Bryson, to close the First Hearing. Motion carried, 5-0 Chairman Buthenuth called for a recess at 9:45 P.M. The meeting reconvened at 10:00 P.M. 81,004 E. ORDINANCE 220(i) regulating Light Industrial (ML) Zones. First Hearing continued. The Planning Director commented on Mr. Burrel Leonard' s remarks in Appendix A to the Planning Commission' s Minutes of June 27, 1967. He said he much appreciated Mr. Leonard's cooperation; Comm. Frolich and Mr. Leonard contribute to continuity in planning matters. Need: As stated, we deal here with zoning for smaller industries, including service industries, rather than large industries. Method: The proposed ordinance leans heavily on the updated County ordinance, but a lot of rewriting has been done to adjust to Cupertino's needs. -7- pC-16 Minutes of the July 24, 1967, Planning Commission Meet..úlg -------------------------------~,--------------------------------------------- Density of employment: Traffic created by employees is a major consideration, and can be detrimental to surrounding areas. However, it is difficult to restrict number of employees, (except for limitations imposed by parking requirements) and the Planning Director did not know of any city that had tried to do so. Height of industrial buildings: A buffer of 50' adjacent to other zones is proposed. A height limit of 40' is already in effect. Some further thought would be advisable. Parking: Revision of the present Parking Ordinance is needed, but will have to wait some time. Landscaping: We should discuss this further. "Pyramiding" of permitted uses: It is agreed that it is important to prevent pyramiding; the proposed ordinance does so. Lists of permitted and prohibited uses: It is realized that lists cannot be complete, but there are provisions about "uses not speci- fied, which in the opinion of the Planning Commission are similar to those listed" both in regulations of permitted uses and of excluded uses. Performance standards in lieu of lists: Standards for noise level have been included. It would be very desirable to include other performance standards, but it is far beyond the capacity of Cupertino's Planning Department to make the necessary research; to do so could be a task for the Planning Department of the League of California Cities. Enforcement would require apparatus and man- power which the City does not have now. Chairman Buthenuth asked for comments from the audience. There were none. Section Comment 79·1e Comm. Hirshon could not see why nurseries and greenhouses should require a Use Permit. He felt they should be in an industrial area but not require a Use Permit. After discussion, it was decided to delete "nurseries and greenhouses" and substitute "retail sales of mixed concrete sold in small (specified) amounts." 78.4m Comm. Hirshon would like Animal Clinics, etc.· ." require a Use Permit. The other Commissioners preferred tt leave "~ section as is. 81-84 The Planning Director said he had more work to do on Sections 81-84. Moved by Comm. Frolich, seconded by Comm. Hirshon, to continue the First Hearing on Ordinance 220(i). Motion carried, 5-0 -8- R:-16 ------------------------------------------------------------------------------ Minutês' of the July 24, 1967, Planning Commission Meeting 81,004 F. ORDmANCE 220(j} regulating Agricultural and Agricultural- Residential (Al) zones. Second Hearing. Major M. A. Perkins, ll717 Regnart Road, Cupertino, had the following comments to make on this ordinance: Section Comment 94.2 Major Perkins proposed to exclude mobile homes. 94.3 Maj~'" "-!rkins proposed rewording and offered the following version f'yo"" ~;S ',200, Article 5: "Residences of farm workers whose employ.aent is incidental and necessary to agricultural operations conducted on the same parcel of land on which said residences are located." (Planning Director's note: Provision of present County A-2 Ordinance; not of the 1955 version valid in Cupertino.) 94.5 96.1f 96.1e There was considerable discussion on this point, and it was not decided upon at this meeting. Mrs. Juanita McLaren, local realtor, said most of the level land has been developed, and she couldn't see how parcels in the foothills could have employees. Mr. Walter Ward, Vallco Park General Manager, said many of these farm labor families do work for other employers during slow seasons. Major Perkins said that this section does not state who the horses belong to, and felt the Ordinance should define what is commercial and what is not commercial. During the following discussion among the Planning Commissioners, it was suggested to delete "non- commercial stables", and to word the section: "The keeping of horses, the number of horses on any lot at any time to be limited to three"; it would be understood that more than three horses would require a Use Permit. Major Perkins proposed that the restrictions should include private clubs, etc. Comm. Bryson commented that a commercial stable has to be in an Agricultural zone. He suggested that anything over three horses should require a Use Permit. Comm. Hirshon agreed. Comm. Hirshon suggested: both public and private, boarding of horses." "Riding academies and commercial stables, profit and non-profit, to include the Moved by Comm. Frolich to use the County's version for Section 94.3. This motion died for lack of a second. Moved by Comm. Frolich, seconded by Comm. Horgan, to continue the Second Hearing on Ordinance 220(j} until the next regular meeting. Motion carried, 5-0 -9-