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PC 06-26-61 P. O. BOX 597 AL 2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION--June 26, 1961. Place: Time: 10321 So. Saratoga-Sunnyvale Rdad 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: Commissioners Absent: Adamo (8:38), Eagar, Fitch, Leonard, Rampy, Snyder and Small None City Clerk, Cit~ Manager (10:15), City Engineer (10:15), City Attorney (10:25) MEETING - June 12, 1961 Commissioners Present: Staff Present: MINUTES OF THE PREVIOUS The minutes of the regular meeting of June 12, 1961 W3re approved, with the following correction: Page 6, last paragraph, 5th line - change "2" to "5". III COMMUNICATIONS: A. Written: (1) County of Santa Clara Planning Department: Revised work sheet - proposed hillside development standards. (2) County of Santa Clara Planning Department: June issue of ¡¡ Santa Clara Plans". r (3) County Planning Commission: Summary of actions, regular meeting of June 7, 1961. (4) County Planning Commission: Agenda for June 21, 1961. (5) County Planning Department: Plot plan for Albert & Sigfrid Nelson Golf Course, south side of Stevens Creek Road be- tween Byrne and Scenic Boulevard; considered by "H" Control on June 20, 1961 and Planning Commission on June 21, 1961. (6) Mark Thomas & Co.: Neighborhood plans; City of Cupertino. (7) League of California Cities: Announcement of annual conference, in San FranclscO, October 22--25. 1961. Moved by Commissioner Rampy that the communications be re- ceived and filed with the exception of the County Planning Com- mission agenda of June 21, 1961. Seconded by Commissioner Snyder. AYES: NAYS: ABSENT: Commissioners: Eagar, Fitch, Leonard, &~mpy, Snyder and Small None Adamo Commissioners: Commissioners: B. Verbal: Commissioner Snyder reported that the statement on national policy by the Committee for Economic Development entitled "Distressed Areas in a Gt'ow:l.ng Economy" does not pertain to the Cupertino area. IV HEARINGS SCHEDULED: A. Stella Gertson: Application to rezone lots 74, 77, 78 and 79, Map of MontaV"istaPark from R-l:B-2 to C-I-H; Lots 52, 53, 54, and 54A, Map of Los Palmas from R-l:B-2 to C-I-H; 17.5 acres easterly of Stevens Creek Canyon Rd. from A-2:B-4 to AR. Second Hearing. doing well by the applioant, by the neighbors or by the City. Commissioner Fitoh observed that the Commission's previous considerations of the proper commercial depth rule against the existing application. Commercial depths have been considered in the terms of 400 feet or thereabouts. Other Commissioners agreed that not only the depth, but the width is inadequate. Commissioner Leonard suggested a vote for denial on the possibility that agreement by and between the adjoining owners might iron out the dimensions and bring a greater area back before the Planning Commission, thus opening the way to users of a different sort. The present plan precludes an integrated project. He said that a mutually suppo~ting application would be of greater advantage to all. Moved by Commissioner Fitch that the hearing be closed. Seconded by Commissioner Leonard. AYES: Commi ssioners: Adamo, Eagar, Fitch, Leonard, Rampy Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Commissioner Snyder moved that the Belcher application for rezoning of 60' x 180' from R-3-H to C-I-H be denied since the lot dimensions do not seem adequate for C-I-H development. Seconded by Commissioner Fitch. AYES: Commissioners: Adamo, Eagar, Fitch, Leonal'd.. Hampy Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Comntlssioners: MOTION CARRIED: A. Stella Gertson: Application to rezone lots 74, 77, 78 and 79, Map of Monta Vista Pa~k from R-l:B-2 to C-l-H; lots 52, 53, 54, and 54A, Map of Los Palmas from R-l:B-2 to C-I-H; 17.5 acres easterly of Stevens Creek Canyon Road from A-2:B-4 to AR. Second hearing. The applicant stated that she has nothing to add to her previous presentation. Commissioner Snyder referred to a report on the propo&èd re- alignment of McClellan Road. The City Manager stated that he has checked with the county which has no plans for construction on McClellan Road now that the area has been annexed to the City of Cupertino. McClellan Road will be realigned at some future date. In response to questions concerning the specific nature of the C··I-H and AR use, Mrs. Gertson said that her plans are not definite at this point, but that she will submit her commercial plans to the Planning Com- mission at such time as they become definite. She added that she is willing to abide by the ruling of the Planning Commission and withdraw any plans not satisfactory, Ernest J. Hlne, 10327 Westacres Drive, addressed the Planning Commission and questioned the tavern use at this location, in the general vicinity of schools and pa.;:-ks. He said he is in favor of the park, but would like clarification of the plan which would zcne land for tavern use close to schools. He proposed that d citizens committee be formed to determine whether the tavemî is good from a moral and ethical standpoint with respect to its loca- tion and second that this comnitteo be composed of citizens representing various neighborhood associatlvns, church groups and other civic groups. Commissioner Snyder observed that the golf course under con~ struction on the adjoining property will in all liklihood dispense alcoholic beverages. -3- Mrs. Curtis Harrison, 21863 Corte l\1adera Lane, told the Planning Commission that she would like to know more about Mr. Hine1s specific objection to the tavern. After further discussion along this line, Conwìssioner Fitch moved that the hearing be closed. Seconded by Commissioner Bagar. AYES: Commissioners: Adamo, Bagar, Fitch, Leonard, Rampy~ Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: * * * * * * * * * * * * * * * A five minute recess was held at this point. * * * * * * * * * * * * * * * Moved by Commissioner Leonard that: WHEREAS, this property is naturally endowed with much scenic beauty near a controlled-flow stream normally backed up by an artificial lake; and WHEREAS, one or more golf courses are under planning or development at present; and WHEREAS, property in this area is pr~bRbly our most promising for comprehensi ve developm(~nt in varied recreational uses; NOW. THEREFORE, BE IT RESOL\~D that the Planning Com- mission recommend the rezoning, subject to: 1-12 13 14 The standard conditions outlined in ExJ1ibit D. Submission of plans to the H Control Committee before issuance of any building permits. Review by the City Council of uses intended to be developed before applicant lets any contracts or receives any permits. Seconded by Commissioner Snyder. AYES: Commissioners: Adamo, Bagar, Fitch, Leonard, Rampy, Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Moved by Commissioner Leonard that: Ì'JHEREAS, the property known as Stella's Tavern has operated many years at this location and has eVidently established a tolerance of sorts by neighbors who seem·· ingly regard it as a local convenience; and WHEREAS, applicant proposes the re-routing of McClellan to straighten and realign the route which would be of benefit to the residents and City; and WHEREAS, the immediate d8dication and development of additional width for McClellan would serve good public purposes; NOVJ. THEREFORE, BE IT RESOLVED that the Planning Com- mission recommend the rezoning, subject to: 1-12 13 14 The standard conditions outlined in E."ll.ibi t B. Acceptance by the B1.Ülding Inspector of all revisions in thr, rem.)delled tavern b¡¡:Llding. Presentation to ths City of signed agreements ~cceptable to the COlmcil and City Attorney providing for the realigned McClellan route. -4- Seconded by Comndssioner Snyder AYES: Commissioners: Adamo, Eagar, Fitch, Leonard, Rampy, Snyder and Small Noæ None 7-0 NAYS: Commissioners: ABS:ENT: Commissioners: MOTION CARRIED: Prior to the voting on the motion, the Co~nission discussed the normal exercise of police powers including the alcoholic bever- age control agency. Moved by Commissioner Leonard that: WHEREAS, the location is at the corner of two traffic arteries (Stevens Creelc--Mt. View Rd. and ~1cClellan)j and ìqHEREAS, the area contains a small commercial develop- ment on the west side of Stevens Creek-Mountain View Road which is evidently of local convenience in the neighbor- hood; and WHEREAS, the immediate dedication and improvement of additional width would be of benefit to the City and residents of the areaj N01¡J. THEREFORE, BE IT RESOLVED that the Planning Com- mission recommend the rezoning, subject to: 1-12 13 The standard conditions outlined in R~hibit B. Submission of plans to the II Control Committee and approval by them prior to issuance of any building permits Seconded by Commissioner Eagar. AYES: Commi ssioners: Adamo, Bagar, Leonard, Rampy, Snyder and Small. Fitch None 6-1 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Commissioner F:J.tch stated that he is generally in agreement with the motion, but his negative vote is occasioned by the fact that the applicant had previously stated she would submit building plans to the Planning Commission, in addition to the fact that a previous applicant was denied largely due to lack of plans at the time of hearing. D. Louis Stocklmeir: Application to rezone from R-l:B-2 to R-3-H, C-I-H and R-l property situatcd along Stevens Creek Road near Scenic Boulevard and Crescent Road. First hearing. Mr. Stocklmeir said that his application has been pending for considerable time. In responSe to questions, he estimaced that the C-I-H zone constitutes about 9,000 square feet, the R-3-H zoning constitutes about 2t acres, and the R-l between 5 and 6 acres. Commissioner Leonard said he is not sure that the applieant's laclc of precise plans is favorable, but he does think tha.t tl1e location of the property rules against R-l zoning, He added that commercial recreation could be a logical and beneficial use of the property. The applicant agreed that the~e is little hope for residential use of the property sho~m on the application as C-I-H and R-3-H. Commissioner Snyder recoMmended that the Planning Comwission survey the property prior to the second hearing. The Chairman called for comments from the audience and there were none. -5- Moved by Commissioner Leonard that the first hearing be closed. Seconded by Commissioner Eagar, AYES: Commissioners: Adamo, Eagar, Fitch, Leonard, Rampy, Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commi ssione rs: MOTION CARRIED: The Chairman scheduled July 7, 1961, at 7:00 PM, as the time for a field trip to the Stoclclmeir property, the group to meet and leave from City Hall. E. E. R. Barens: Application for Use Permit for used car business, east side of Highway 9, 198' north of Stevens Creek Road, C-I-H zone. E. R. Barens told the Planning Commission that the property is owned by Joseph LaDato who intends to execute a short term leaße. Mr. Barens said that the property is not ready for the exploj.tation to its full potential at this time. The proposed use car business will relieve a temporary eyesore, he said, and also that it would be a successful venture which would mean considerable sales tax revenue to the City. In response to a question, he indicated that light mechanical work plus auto polishing and cleaning would be done. He plans to sell nothing older than 1956 model cars. He said the agreement would involve 30 to 60 day leases with equiva- lent notices, due to the possibility that the owner may wish to start permanent improvements at any time. The adjoining Texaco station would be used for rest room facilities. Commissioner Rampy asked whether the applicant planned to in- stall full improvements. Hr. Barens said he could not say \~hether or not the owner is prepared to make the standard City improvements at this time in order to secure a use permit. Commissioner Snyder proposed the possibility of a limited use permit and asked the applicant if a use permit for a specific period of time would be acceptable. The applicant indicated no serious objections. The City Attorney advised that use permits can be issued for a stipulated length of time and can be subject to review by the Planning Commission or can be continuous until such time as a com- plaint or complaints are lodged, whereupon the use permit would automatically come before the Planning Comm.1.ssion for review. The latter course would mean the least difficulty for the operator and for the Commission, he said. Commissioner Fitch asked the City Attorney to verify the necessity for the use permit for a used car lot. The City Attorney consulted Ordinance 002(b) and reported that a use permit is re- quired by the City for a used car business. The Chairman called for comments from the audience, and aslced that the record indicate there were no comments for or against the applicant. Moved by Commissioner Leonard that; WHEREAS, the subject property is zoned C-I-H, located near the intersection of two main arteries, and owned by LaDato; and WHEREAS, applicant states he would be leasing on a short term basis pending development of a higher use by the owner; and WHEREAS, immediate dedication and improvement of the additional width of Higlmay 9 would be in the public interest; Nm~, THEREFORE, BE IT RESOLVED that the use perrni t be granted subject to: -6- 1-12 Usual conditions in Exhibit B extending the facilities startGd with the Texaco station. 13 Submission to the City of a signed agreement with the owner of the Texaco station, running with the land, assuring use of the rest room facilities to employees and customers of applicant1s business. 14 Posting of a bond for removal of used car lot incidentals at the time of termination. 15 Restrictions on the use limiting repairs and maintenance to light work; No wreclcing yard operations; no body work before 8:00 AM or after 6: 00 PM. 16 Permit is to run for 5 years subject to review and possible cancellation on any nearest annual anniversary date in the event there is written protest and Commission review supports the objection. Seconded by Commissioner Fitch. AYES: Commissioners: Adamo, Bagar, Fitch, Leonard, Rampy Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commi ssione rs: MOTION CARRIED: F. Ordinance 002(h[: Amending Ordinance No. 002 which ordinance incorporates Ordinance NS 1200 of the County of Santa Clara by repealing "Professional Office District" elassification and adding the classification "Professional Admin:l.strative Zoning" (PO-H) and further by adding the classification "Light Industrial Parl~ Zoning" (MI-PH) . With the consent of the Commission and the citizens in attendance, the Chairman proceeded to the next item on the agenda in the interest of those still waiting for hearings. V UNFINISHED BUSINESS: A. Toro Development Co.: Application for Variance to Sign Ordinance, Idlewild Shopping Center. Sign measures 240 sq. ft. at elevation of 301. Approved by Architectural Committee. Condi tions. Toro Development Company was represented by George Oakes. The drawing of the sign ~Ias posted. The action of the architectural committee was reviewed. Commissioner Leonard said that little or no controversy is apparent in this application, adding he is not, as a rule, in favor of variances. The Chairman called for comments from the audience, and there were none. Moved by Commissioner Leonard that the variance be granted subject to the recommendation of the Architectural and Site Control Committee which provides that the base of the sign be widened to include the whole corner and planters be added. Seconded by Commissioner Rampy. AYES: Commissioners: Bagar, Fitch, Leonard, Rampy, Snyder and Small Adamo None 6-1 NAYS: Commi s sione rs: ABSENT: Commissioners: MOTION CARRIED: B. Subcommittee report on C-2-H Ordinance. The report was postponed pending advice of the consulting firm on the subject. C. rüscellaneous: None -7- VI NEW BUSINESS: A. Herbert Ketell: Tentative Map, 10 acres zoned R-3-H; Northwest corner of Highway 9 & Stevens Creek Boulevard. Continued. The new maps which had been received JUne 21 1961, Were distributed. The recommendation of the City Engineer, dated Jµne26; was read and there followed a point by point discussion of the matters referred to in the recommendation by the City Engineer sp~cifically the pedestrian walkways, the 40' driveway easement between Beardon and Park Drive and the 2 24' driveway easements, one on the westerly limits of the property and the other on the east limits of Lots 20, 21, 22, also the portion described "to be dedicated .þy others", and the deletion of Saich Avenue. (An alternate map included Saich Avenue). Certain street sections are not in conformance with City standards. Street sections are shown as 36' from face of curb to face of curb instead of 40', sidewalk areas are sho~m as 12 and 12t feet instead of 10 feet, and an integral sidewalk is used instead of including a planter strip. After considerable discussion, the Chairman stated that more time is needed to reach a conclusion on the matter and he suggested a joint meeting with the City Council. Commissioner Fitch said that the Planning Commission could serve its purpose as a reconunending body by reaching its own con- clusion which the Council, he said, can either accept or alter, as it sees fit. Mr. Kettel, the applciant, stated that he wishes to conform in every particular. He briefly reviewed the application which iß designed for 160 families. He made a plea to retain the name of Park Avenue rather than Alves Drive. The City }1anager advised that the City Council had just passed a motion to use the name of Alves Drive rather than Park Avenue as shown. The Chairman continued the hearing to Friday, July 7, 1961, at 8:00 PM. So moved by Commissioner Rampy. Seconded by Commissioner Fitch. AYES: NAYS: ABSENT: Commissioners: Adamo, Bagar, Fitch, Leonard, Rampy, Snyder and Small None None Commissioners: Commissioners: The Chairman asked that Don Bandley's office be notified that the Ketell map is being continued to July 7, 1961 at 8:00 PM. VII ADJOURNMENT: The meeting was adjourned at 12:02 AM to an adjourned regular meeting July 7, 1961, at 8:00 PM. ATTEST: APPROVED: Is/ E. J. Small ChaiI'lnan, Planning Commission /s/ Lawrence K. Martin Ci ty Cleric -8-