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PC 06-12-61 P. O. BOX 597 AI. 2-4505 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION - June 12, 1961 Place: Time: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: Commissioners Present: Adamo, Eagar (8:15), Fitch, Leonard, Rampy (8:21), ,Snydel' and SmaJ.l Commissioners Absent: None Stat't' Present: City Manager, City Attol'ney, City Engineer and City Clerk MINUTES OF THE PREVIOUS MEETING - Ma.y 22, 29, 1961 'I The following correction was made in the minutes of the meeting of May 22, 1961: Page 2, paragraph 7, change "/I!r." to "/·11's.". The following corrections and adrliticns were made to the minutes of the meeting of May 29, 19ó1: Item III C - Delete paragraph 5, substituting the following paragraph: "Comm:tssioner Fitch stated that granting commercial zoning to the property line is fine for undeveloped property but that where the character of the use has beer- defined by the cwners, it ill behooves the city. in the absence of a ~ompelling reason, to rezone the property to a class:!flcation at variance íÜtr, +:hat; use. At present that use is predominantly residential. Ii; ought nat to be claimed that those 74' lots should be commercial because the present 300' from Highway 9 is an inappropriate or an insufficient depth. It is not insufficient~til those on the front 300' indi- cate that they need that additional depth. To rezone those lots to commercial invites someone to buy th,= property and cea1'f..llly request additional lots in the neighboring R-l subdivision be zonec' com¡llercial because 74' ls too little. Such an event1.'.ality could hardly benefit the much decried 300' commercial to the front.' Page 2, first paragraph, the fol~.owing addition was requested by Commissioner Fitch: "Commissioner Fitch indicated the following reasons :;'01' his negati ve vote on Commissioner Laonard' s motion, the seven wheL'eas' of which are considered each in turn 0 Whereas 11 I feel the mentiún of parking lots to be im- material and irrelevant since no owner has indicated any wilJing- neBS to use those lots for parking purposes; Whereas 2: I feel there can be no nk'lgic numbE.r for cOiI1¡llerc:!.al depth except in relation to the use proposed; Vlhereas 3: I do agree that these splJ. t ~onin¡2:') :'.,:,e :Lllo¿ical; ¡'¡hereas 4: I do not 'Jelieve that, in tho aCR9rwe cd an expression of opinion froM ch,~ owners i!1volved, that J!1e ~a.1 assert arbitt'arily that rescinding a ¿,oning not nO'1 in use is unfair; Whereas 5: 'l'he existir.g structu'"'es may indee(l b,> :i rrelevant but I assert th9.t the existing VBe is not, :..md that i' is use, not structure, that is the more domina"t considE'rat;:i.on; Hhereas 6: I am not p1'epared to belL;ve that other ó.lterna·· ti yeS provide extremely jagged zoning lin'~ s or are less efficient when compared to the let-each-owner-decide-for-himself plan pra- vided by the resolution; a~d -1- I ilJw__ . . . . Whereas 7: I believe it to be i~excusable to donate higher zomng to anyone who h3.S not requeste<', :it. F1nally, wh11e I take exc~ptlon to tne reasons, r do however agree with the policy formulation ot the resolution wtth the ex- ception that it should not only b~ p0bgible fc~ an owner to zone the rear portion in conformity to the f~ont but equally PQssible to zone ths front portion in conformity to the rear provided that in either case said rezoning brings the zonings into conformity to the use." Page 2 - Line 10 - change "owners" to "owner" . Pagé 2 - Last paragraph - Delete "its"; and substitute "the plan" for "it". Moved by Commissioner Leonard that the corrections am'! addj- tions be inserted into the rninut8s as suggested by Co~nissi0ner Fitch. Seconded by Commissioner Adamo. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: III COMMUNICATIONS: Adamo, Fitch, Leonarð, Snyder' dnÚ Jmall None Bagar and Rampy 5-0 A. \>[ritten: 1. Veterans Adm:i.nistration: T;1quil'Y relé'.ti ve to appliC'atlon of Mr. and Mrs. .Tohn Davit:: to lxJfì,.'d pS'ycr~;atrj ~E..lly disahled vetel'ans in their home, 10440 Lansda lc- 0 The Davies have never applied for a use permit as ~.iv:, .;"c< by the Planning Commission. 2. Division of Highways: Copy of letter arulouncing a California Highway Commission rèsolution authorizing the requested inter- change at the proposed extension of Wolfe Road 8nd :state Route 239. 3. California Roadside Council: Reprint of rçce~t articl~ in T..ar.dscaptng Me.gazine dealing with, an¡ú11g other thingr>, trees as a vital part of a community, 4. City of Santa Clara: Officie.l plan line mE'.p - Law!'ence Sta- tion Road from Homestead to Stevens Creek Eoulevard. 5. County of Santa Clara: Planning Corruni5sion and i30ard of Zoning, Runwary of actions. regular meeting of l\1ay 17, 1961. 6. Committee on Economic lÆ"elopment: ?.:,licy statem2at en- titled "Recommendations for cle:ar-cut action for D2.8tressej A,'eas I. B. Oral: 1. Corrunissioner Fitch repnrted on the p'lbHca tion of the }'.:Jspj tRl Commission of Santa Clara County. It outlines the plaíls r~c:v,nmAndeè. for planning the hospital facilities of sufficient quality to meet the needs of the county's largc and rapidly €.xpandj ".g POPl1l2C.L.O',. The report acknowledges t;hBt thcl County hi's éI. problem '''.Ild l·ccùilnnends the formation of a CO:mrj.tt.2e to study and r",,,)lve the sit'latlon. Moved by Commissioner Fltch that the c;ommunic,Üi..Jr:s b0 j'eceivc(1 and filed with the exception of tile C.E.D, report and the Lawrence Station plan line. Seconded by Co:rill1iflsioner Snyder. AYES: Colllllissioners: Adal!\Ö, Bagar, Fl tch, Leonard, Rampy, Snè"'er and .Small NAYS: Cornmissi0ne:rs: ABSEN·r: Commi ssicr.C'rs: MOTION CAHRIED: ¡"!or~~ N01K: 7-0 -2·· '.~.~.L. --"......."'''......."...,,~ . _.. - . . IV HEARhlas SCHJ.mtJtm): A. Stella Gertson: Appl~cation to rezone lots 74, 77, 78, and 79" Jofap of Monta Vista Park from R-l:B-2 to C··l-II; lots 52, 53,54, and 54A, Map of Los Palmas from R-l:B-2 to C-I-H; 17.5 acres east- erly of Stevens Creek Canyon Rd. from A-2:B-4 to AR. ~S. Gertson requested a postponement of hearing on lots 52, ~ 54 and 54A, due, she said. to the prospective purchase of the adjoining Betti property by the Seventh Day Advantist Church. Mr. Spencer, south Stevens Creek Road, said that he is still opposed to the application. Commissioner Leonard posted pictures he had recently taken of the site. After explanation of snapshots, Commissioner Sma::'l read sections of the Amusement Resort Ordinance recently enactec1. Mr. Spencer asked the status of existing zoning, which is, according to the 64th zoning unit of the County. A-2:B-4 on i;he 17.5 acres sought for AR and R-l:B-2 on the eight lots for which C-l-H is sought. Commissioner Fitch repeated that the COmmisGion shoulõ know the statu'! of the existing buildings relative to the Unifo-,.'CII Building Code, Commissioner Snyd~r asked the applicant h0W long she has had a use permit from the county, The answer is 27 years. Commissioner Leonard said that th0re aToear~d to be verT real problems in getting a satisfactory road thrc)':tgh the ravine ,";.i that some shifting of McClellan Road is indicated, perhaps rtal~gm.¡ant of McClellan to the south. eliminating the hairpin turn è;.r'è_c",d four of the lots in the present zoning application. thus strdighter.ing McClellan Road. He said that this might serve the purpose, instead of a new road through the area. He added that a little reflection on the problems arising in the Idlewild subdivision and the Paganini application indicates that it is well to determine and Bolve the circulation pattern before granting th8 applicatiuns. rather than assume that th" matter will be taken care of a~¡d pro- ceeding wUh approval, The City ~~nager stated that when McClzllan Road is realigned the recent dedication of a small triangular parcel by Clark Glasson will be become us,~ful. HG calculated that ¡'bC1311an would be re.. aligned from a point jU1:'t west of the Stever." Creek Bridge to the portion of McClell~i"l Road ab;¡tting Stelle I '3 Tavern. 'I'he e.,;::'sting r:Lght of way is 60 feet. Commissioner' Leona1'Cl, through thCo! c..'haL': aslced for a. r"-iJOrt from thð City Métnag?::' on the futUl'() ¡V¡~Clellan Road al1ßnmer.c 2~:l the mechanics for achieving same. The City Attorney reported that the matter has b8en r'ef'2è7red to him for examination of tr3 property de~1 itself; h~ sai~ ih~t he will deliver both the gra.nt deed and 11is opinion t:.; the r_1 Y M1:.nager. Moved by COIIDT.issi0Der Adamo that th2! f~_rst ilæring :JC c10sed. Seconded by COIIDT~ssioner Bag~r, AYES: Commissioners: Adamo. Bagar, Fitch, Leonard, Rampy, Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Gerald M. Belcher: Application to rezone 601 x 180' from R-3-H to C-l-H; north side 01' Stevens Creek Bouleva:..ri 905' E~ of Highway 9. First Hearing. Fred Jost identified the rroperty RS ~he f~rst lot west of the Lyddon property, formerly th~ old Cl'.pertino School grounds. -~- Colllll1ss1onel' Lecnard recalled. that the lot in Q.uestion did. at one time. belong to the school. The applicant advised that the zoning is planned for use as an1nsurance and real estate office in the existing building which they would renovate to comply with building regulations. Commissioner Leonard questioned whether this method is a good way to convert residential property into commercial. The applicant acknowledged that the property is considered in the nature of an investment and that the plan is to make a success- ful use of the property in the interval prior to the construction of a new commercial building. Commissioner Leonard agreed that the location is close to the center of the existing business district, but further questioned the rezoning at a time when there is no immediate business venture. He also observed that the parcel is three times as deep as it is wide and that properties with such a 3 to 1 ratio have been difficult to develop in an optimum way unless agreement can be reached with adjoining owners for a joint project. The applicant observed that the adjoining owner was granted C-l-H without specific building plans and that he plans to rent the existing structure until a suitable operation can commence. He said that this method would result in immediate and partial improve- ment of the property. Discussion.developed about the size of the property remaining after the necessary dedications. The new p~operty line woul~ be 60 feet from the center line of Stevens Creek Road and all C';'cy improvements would be required. The City Engineer esUr:vited that 15 feet is the necessary dedication. Commissioner Leonard added that he is not much in favor of the view that the application should be granted and the City simply wait to see what results. The Chairman observed that the 7200 square feet which will apparently remain in the lot after dedication is less than the required size for a single family residential lot. Commissioner Snyder said he agreed with Mr. Leonard and noted that the adjoining lots were even more shallow. The Chairman called for comments and opinions from the floor and asked that the minutes show that no comments were made. Moved by COmmissioner Snyder that the first hearing be closed. Seconded by Commissioner Adamo. AYES: Commissioners: Adamo. Bagar, Fitch, Leonard, Rampy, Snyder and Small. None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: C. Earl Sorenson: to R-3-H; south side Hearing. Commissioner Leonard said that he and Mr. Sorenson were associated in business and he preferred to excuse himself on that basis. He vacated his seat. Bob Brainard stated that Puritan Preserves Company is right behind the property, that Carl Becker has property on the east and the City of Sunnyvale is across the street. and P.G.& E. Co. is on the west. Application to rezone 1111 x 2~5¡ from A-2:B-4 of Homestead Rd. 213' east of Blaney. First Commissioner Fitch speculated that the lot in question is included within the Walter plan the architect for the Leonard and Lester interests. -4- ..... . - .. Mr. Sorenson stated that a single story duplex would be con- structed in addition to the build.1ng existing on the property. The new build:l.ng would f'ace west. Commissioner Fitch asked the a.->plicanc to pi.'esent plans at the second hearingo The bUilding was fUrther described as two 2-bedroom units attached ~tlth a double garage, Comm.1ssioner Fitch said further that the biß problem of absentee 0~mer8hip would not be likely to be a factor in the present application, that therefore this proposed dupl.;x is a logical s.1te, although he said he is not generally very well dis- posed toward duplexes. Commissioner Snyder asked the applicant if he intends to develop Homestead Road. The applicant said that he had rlot, as yet, given that factor any thought. He added that the building is intended for his own purpose, to serve as retircmcnt income. Copies of Exhibit B were furnished both the applicant and the builder. The Chairman asked that the minutes show no protests ments from the audience. r com- Moved by Commissioner Bagar that the first hearing be subject to the applicant submitting a blue print and plans second hearing. Seconded by Commissioner S¡lyder. closed, at the AYES: Commissioners: Adamo, Bagar, Fitc,"" Rampy, Snyder ·_,n:! Snall None None Leonard 6-0 NAYS: Comm1ssioners: ABSENT: Commissioners: ABSTAIN: CCmmissioners: MOTION CARRIE!): Some discussion arose about the advisability of placing the time schedule on a starting basis, rather than closing. D. Lucky Stores, Inc.: Application for use permit for gas station, 1321 x )501 north side of Stevens Creek Boulevard, west of Highway 9. Richaj:'d Biagi represented Lucky Stores Real Estate Division. He said he is trying to create something which ties in with the surrounding building and m~rchandising plans, The gas station will be open to the general public only by memberbhip card just as the main merchandising outlet. He expressed the vi~w that the Lucky Stores would create an integrated development \~hicl. Hould properly serve the public interest. Th'? Chairman mentioned that the City has in the past stopped gas stations from selling merchandi3e other than the gas and oil quantities which are their main businer,,', excluding fertilizer, beach balls, nylon stuckings, etc. Mr. Biagi stated that the station would positively not engage in the sale of any merchandise other than gas and oil and products connected immediately therewith. Commissioner Leonard said that he is D0t sure of his pr2.fer- ence for the membership plan and ask~d the applicant to explain the nature of this typø of busine~s. Mr, Biagi said that it is a mn'¡ -::on(:e9-c in mc:,,'chandising: a:.ld he said that mombcrs ar2 rewarded for the price of the membership card by the quality and price of the ¡;;oods availab~s. He said that it is a growing plan and that at the present time it j.s well known both in Southern Califonlia and the eastern part of the U~~ted States. 1.'1 response to questions, he: se.id that the ccmpany's arch:itects are working with t:le City Engin"c,r to rr.eøt the r;~quire- ments of tile City "'(>la~ive co dedications, i¡np,.JvemenbJ; strE3t patterns and g",neral c.ompliance with the subdivision ordinunce. -5- .~- " 'nul City 1t!¡1neor renewed the gas statlon slte and the over- all plan including the apartmente to be situated to the northeaet. A lett-hand tum is provided for in the street pattern adjoining the eas station. The boulevard will eventually be six lanes and the time for installation of traffic s1gnals 1s subject to review and Will depend upon the volume and nature of the traff1c circula- tion. In response to a question from Commissioner Adamo relative to.a ~6-root easement shown on the tentative map presented by Herbert Katell, the City Engineer responded that the maps should show that proper access will be available at the location shown so as to provide the avenue ror such municipal services as rire and police vehicles, as well as public thoroughfare. In response to other questions he said that the building inspection department checks the parking ratio at the time of application for a building pe rm:1. t . ~lith reference to the street pattern, the City Manager stated that the City Council's consensus advises a north-south street through the property aligning With the street pattern for Garden Gate Subdivision. In response to questions and viewpoints, Mr. Biagi stated flatly that Gemco Will handle nothing but quality, national brands and that the plan is simply an opportunity for the public ta obtain standard products at reduced prices. Luclcy Stores, he said~ will stand behind the goods which are not seconds or rejects or off- brand merchandise. He compared the membership industry to the super- markets which he said occupied the same relative position in the 1930's. He further compared the concern to Sears, Roebuck and Montgomery Ward and said thàt the entire merchandising operation would be on a par with such stores and resemble them in the con- struction, appointments, etc. He offered to make appointments at their Southern California stores for any Planning Commissioner who would care to investigate. Don Bandley said that he endorses this type of modern shopping center ànd that He has a direct interest in the street pattern which would evolve in connection With Lucky Stores, Inc., and the tenta- tive map presented by Herbert Ketell. He said he hoped the map would comply with the neighborhood street plan. Jack Gates asked if he is correct in assuming this business depends for its success on a high turn-over of goods, to which the applicant replied in the affirmative. With relation to a few questions concerning the economic phases of the operation, Commissioner Leonard recalled that the Planning Commission has concerned itself on some occasions in the past with the success or failure of the venture, but that for the most part the Commission has agreed to leave the financial prosp~cts to the applicant. The Planning Commission therefore would examine the application in relation to public safety, compatibility with surrounding zoning and other phases of the municipal police power. Commissioner Fitch asked in what way public access to member- ship is limited, if any. Mr. Biagi responded that it is his impression that such limitation as there is exists in word only and that th~ device is used to avoid conflict with existing fair tr~de laws. The member- ship fee evidently avoids é'ny conflict with legislation on thr~ subject of price maintenance. Commissioner Fitch said that at the rezoning hearing the applicant had stated that masonry c0nstruction would oe used and that the construction presently shown might differ but little from that, and he also referred to the fact that a parking ratio of 5 to 1, being 2 square feet of parking area for eveF;I one s4aure foot of floor space was promised. He obsarved that the rear access presently shown might reduce the parki~ ratio by lO%~ also that logical access appears to be situated on o~' near the spot where the gas station is now shovm. -6- - . ~e Planning Commission compared the p~sent tentative map with the mapa and sketches suppOrting the Saich rezoning appl1ca- t;ton s'fbm:1.tted 1a8t November. There was SODl& :f'ee1ing that other mapa had been presented at some time. Commissioner F1tch moved that the application be continued to the next meeting with the interval used to satisty the requirements of the City Engineer. Seconded by Commissioner Snyder. AYES: Commissioners: AdaIOO, Eagar, Fi tch, Leonard, Rampy, Snyder and Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Standard Specifications: Mitchell letter re Griffith property. The three page letter from Sidney Mitchell to the City Council was read to the Planning Commission. Commissioner Leonard said that while the letter is dignified and courteous, it is essentially a request to whittle away at one more City ordinance. He said he has seen some hillside subdivisions in other cities built within the terms of so-called hillsids standards. He agreed that a study session on the subject " an excellent idea but added that the City is under no obligat~.m to reduce the requirements stipulated in Ordinance 47, simply to enable the owners to sell houses. In respOnse to a question, the City Attorney advised that the Mitchell letter referred to narrower streets than required by Ordinance 47 as well as the absence of sidewalks and other condi- tions which do not comply with the existing subdivision ordinance. Mr. Mitchell, in answer to a question, stated that it is his opinion that the land could not be subdivided within the terms of Ordinance 47. He emphasized the fact that hillside lots always oost in excess of 50% more than lots on flat land even with the differentiation in regulations. He maintained that the City cannot apply flat land regulations to hillside land. With reference to the new Planning Consultant, the Engineer ani City Manager agreed that hillside subdivision standards are primarily an engineering matter. Moved by Commissioner Adamo that the matter of hillside standards be referred to the City Manager for a report back to the Planning Commission. Seconded by Commissioner Fitch. AYES: Commissioners: Adamo, Eagar, Fitch, Leonard, Rampy, Snyder and Small. None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: C. MISCELLANEOUS: The Planning Commission set another study session on the C-2-H ordinance for Wednesday, June 21, 1061, at 7:30 P.M. VI! Meeting Adjourned at 11:45 P.M. APPROVED: Chairman, Planni~g Commìssion ATTEST: fS/ Lawrence K. ~rtin i ty Clerk -8- _........~ -. ..