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PC 08-10-64 4IP 10321 So. Hwy 9, Cupertino, Calif. , 95014 252-4505 CITY OF C UPERT I_ NO CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION, 8/10/64 SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS : July 23, 27, 30, 1964 Comm. present : Frolich (8:30) , Gates, Hirshon, Johnson, Small (8:20) , Traeumer, Thomson Comm. absent : None Staff present: City Planner Adde Laurin Recording Secretary Lois Inwards Minutes of July 23rd -- OK Minutes of July 27th -- Correction _ Page 1, Paragraph 1, Line 4. Delete words "and legally ". ® Minutes of July 30th -- OK It was moved by Comm. Johnson and seconded by Comm. Gates to approve the Minutes -of July 23rd and 30th and to approve the Minutes of July 27th as corrected. Motion carried, 7-0 Chairman Thomson officially swore in Comm. Hirshon and Comm. Traeumer, explaining that the Mayor and the City Attorney had to be at a City Council Study Session this evening. This was done before Comm. Small arrived, so he will be sworn in at a later date. III COMMUNICATIONS: A. Written: 51,142 1. COOK & WILSON: Application for extension of approval of Tentative Map of Units 3, 4 and 5 of La Cresta Subdivision. The City Planner said Mr. Cook decided to withdraw his application and will change the street pattern. He and the City Planner will work together on this . -1• 4 411 7-TM-64 2. WARD CRUMP DEVELOPMENTS, INC , : Application for ap- proval of Tentative leap at Bubb Rd„, Regnart Rd. & Linday Lane , This application was moved to Item IV, D, of the agenda, to be reviewed along with application 18-Z-64. 8-TM-64 3. DONALD L. STONE ORGANIZATION: Application for approval of Tentat i•ve....Map at i.egnart Rd. & Lindy Lane . Mr. Splitstone, of Nolte Engineers, spoke for the application. He explained they included the entire piece of property on this Tentative Map and will provide a road to the top which can be at a 20% grade . At this time, they are asking for approval of the remaining portion of the property. The City Planner advised that if a portion of the Tentative Map is changed, and even if the remainder is to stay the same , its means the whole map should be re-evaluated . The County Health Department has indicated this pro- perty should belong to the Cupertino Sanitary District. Sewer easements will be required. The County Flood Control has asked that before the 9� they plans are finalized 1 should be submitted to them for an encroachment .ipermit. The City Planner said that a traffic plan is under way, IIP by which the present' Regnart Road may be made a one-way street. If so, cars! would travel uphill to reach the lots along Regnart. Road and when leaving, they would continue uphill, make a U-turn on a bridge over the creek, and travel downhill on a new two-lane road on the other side of the creek. The City Planner recommends approval with the standard conditions on drainage , plus the conditions that easement for drainage must be provided through lots to the necessary extent. . Chairman Thomson asked for comments from the Commission. There were none at this time. The Chairman asked for comments from the audience. Mrs. Dorothy Williams, 22022 Lindy Lane, said she lives in this area and feels this is a wonderful idea . . .a good way to, get rid.- of a` "lovers ' lane " problem in. this area. Comm. Traeumer asked the applicant -what his reasons 110 were for cutting back the cul de sac, other than dollars.. Mr. Splitstone said the farther you pull .back the cul de sac the better building sites are provided. -2- It was moved by Comm. Gates and seconded by Comm. Hirshon to accept this Tentative Map No. 8-TM-64, subject to the following conditions : 1. That conditions in a letter from County of Santa Clara Health Dept. , August 10, 1964, be adhered to. 2. That conditions in a letter from Cupertino Sani- tary District, August 10, 1964., be adhered to . 411 3. That easements for drainage must be provided through lobs to the necessary extent. AYES : Comm. Gates, Hirshon, Johnson, Traeumer, Thomson NOES : None ABSENT : Comm. Frolich ABSTAINED : Comm. Small Motion carried, 5-0 4. County referral 6A64.16 (Sign near Saratoga-Sunnyvale Road) The City Planner said this sign is 6 ' high x 8' wide and it advertises and gives directions to a subdivision. Comm. Gates asked if it conforms with our sign ordi- nance . The City Planner said the Chief Building Inspector is on vacation so he could not be consulted, but upon reading the sign ordinance , it is his opinion • that it does . Comm. Hirshon asked how long the sign would remain there. The City Planner thought it would stay until the subdivision is sold out . The Chairman asked for comments from the audience . There were none . It was moved by Comm. Johnson and seconded by Comm. Gates to instruct the City Staff to write the County indicating we have no objections to this sign. Motion carried, 7-0 IV HEARINGS SCHEDULED : 6-U-64 A. R. J. HULL & P. J. BAT,FN: Application for a Use Permit for a Used Car Lot . 2/3 acre plus or minus, on the east side of Saratoga-Sunnyvale Road, 200 ' north of Stevens Creek Blvd. Second Hearing. .. 411 -3- 410 • Mr. Pat Hull said he gotione concrete impression from the First Hearing' and he went, 'out •and had an artist draw up the plans for the Used Car Lot Chairman Thomson asked the, City Planner if this is pre- sently zoned Commercial. ) Answer was in the affirmative . • Comm. Hirshon asked the City Planner if it is in general continuity with the plan for this area. The City Planner said that it is acceptable. 111 Mr. Hull said he had been advised his 5 x 9 sign would be acceptable if its base were 10 ' high. Comm.. Small asked if the'Ientrance and exit would be clearly marked. Mr. Hull said the entrance would be at that por- tion of the property nearest Stevens Creek Blvd. and the exit would be some 300 ' from that intersection -- both will be clearly marked. The Chairman stated thatithe H-Control Committee would decide whether or not the standards are appropriate here. The Planning Commission is just to decide if this is proper zoning. Comm. .Johnson asked if Mr. Hull had actually talked to the neighbors about his intentions. Mr. Hull said he had discussed this with Monsignor Ryan, the neighbors, and the operator of the Texaco Station on the corner. All were in favor. • Chairman Thomson asked for comments from the audience. There were none . • It was moved by Comm. Hirshon and seconded by Comm. Small to close the Public Hearings. Motion carried, 7-0 Comm. Johnson said he was concerned about having a used car lot right at the center of town. Mr. Hull said this might not be a permanent site. After his lease is up they might move further out . Comm. Hirshon asked the duration of the lease. Mr. Hull said he has a one-year lease with an option for one more year. Comm. Hirshon questioned' whether this location is actually ..the town center. The City Planner said the population center is now in the east but it will eventually be in the west side of, town. It was his opinion the real town cen- ter will probably be aroind the college. Chairman Thomson said that the history of used car lots is 411 that as they become more successful they build a nice , new building and possibly get; a franchise for new cars. • • Ill . , . . • 411 . . . . It was moved by Comm. Gates and seconded by Comm. Small : . — Whereas application 6-u-64 is located at what will be a major business..area of the community, and Whereas' the economic well-being of this commercial center is vital to the community as a whole., and Whereas this application does not provide for a use that is consistent with the development of this area as • the community business center, and Whereas even temporary use . of this property consistent with application 6-u-.6J4 would tend to discourage the development of the desired business community, Therefore, it is moved we deny application 6-U-64. AYES : Comm. Gates; Johnson, Small, 'NOES : Comm. Frolich, Hirshon; Traeumer, Thomson Motion failed, 3-4 It was moved by Comm. Traeumer and seconded by Comm. Hirshon, to recommend approval of application 6-U-64 for a used;.car lot. • AYES : Comm. Frolich, Hirshon, Traeumer, Thomson • NOES : Comm. Gates, Johnson, Small Motion carried, 4,-3 J, I. BACON: Application for a Variance to allow two (2) pole signs on one site. where ordinance allows one (1) .. S20031 Stevens Creek Blvd, Continued •from. the meeting of July 27., 1964. . . Mr. Bacon said that at the. First. Hearing; Comm. Frolich had recommended that the City Attorney rule on whether or not there could be two signs on one piece of business property, even though said property has, frontage' on two separate streets and each frontage, .represents a different business. • The City Attorney had told the ,City Planner that the Chief Building Inspector is the expert on the Sign. Ordinance, but he is on vacation. The City Planner 's opinion was that it would depend upon the amount of business frontage • :of the property. and :..the size ,of. ;the signs. • Mr:: `Bacon; said his Silver Pooas• sign .is 80 sq. ft. Comm, Frolich stated that he had reread the.. . ign ordinance and he felt Mr. Bacon could legally put up a sign for his used car lot without asking for a variance. Comm. Small felt the sign would have to be 50 ' from the duplex. Mr. Bacon said that it was his intention to have the sign as close to Stevens Creek Blvd as possible, so it would be as far as possible from the duplex. -5- 4 f _. Chairman Thomson asked for comments from the audience. Mrs. Juanita McLaren, 22101 Lindy Lane, advised the Commissioners to grant the Variance . Comm. Hirshon asked what will happen to the sign Mr. Bacon has presently standing up against the building. Mr. Bacon said it would be removed. He was just using that as a means of identifying the used car lot to customers . It was moved by Comm. F1.;olich• and seconded by Comm, Small III to grant approval to application 7-V-64, to allow one pole sign on each of the two frontages -- Stevens Creek Blvd. and Blaney Avenue -- subject to the conditions of Section 6.002 of the Sign Ordinance and subject to : • 1. This variance is to be automatically terminated in the event of the finding by the City Staff that it is not legally necessary, and 2. The present used cal sign to which Comm. Hirshon re- ferred must be removed from the premises . AYES : Comm. Frolich, Gates, Hi±'shon, Johnson, Small, Traeumer, Thomson NOES : None Motion carried, 7-0 8-V-64 C. BLOSSOM VIEW HOMES : Application for a Variance at 20025 , 9-V-64+ 20065 and 20105 Cedar Tree Lane (8 ' fence where Ordinance allows 6 ' ) . First Hearing. • Mr. Robert Langford, 20114 Suisan Drive, Cupertino, said he wants to build a rear fence 8 ' high where the ordinance calls for 6 ' . This involves 3 lots . He explained these homes have been for sale' for 8 months, but have not been sold because of the view of the Blaney overpass and two- story Sunday school classrooms invading their privacy. They have erected one 8 ' fence at one of the homes and now have an option on it , contingent on whether or not they will be allowed to keep the 8 ' fence at the 'rear of the property. He showed colored slides of the surrounding area and the rear view from these homes . Comm. Small thought it would be more pleasing to leave the 8 ' fence redwood rather than paint it white. Comm. Frolich disagreed. He said from up on the overpass, the present arrangement gives the impression that there is no violation of the ordinance here. He said he has seen very few variances that make more sense than this one. Comm. Johnson asked the applicant how much it would cost to 0 put up a patio cover and some bushy trees here . Mr. Langford said it would run several hundred dollars , Comm. Johnson said a friend of his recently put one up. (20 ' x 25 ' ) for $90.00. -6- Oil Comm. Gates asked how this case differed from other homes where a 6 ' fence was adequate . Comm. Frolich said the overpass made the difference, Comm. Hirshon asked if this could be done so it would blend in more with the background, from the standpoint of beautification and economics. 411 Comm. Traeumer felt we should not vary the ordinance where foilage could do the job. The. City Planner felt he should interject the following statements : _ 1. He had heard that one gentleman•- who owns one of the homes between the subject homes objects to an 8' fence. He is out of town at present so could not attend this meeting. 2. He has had inquiries from other homeowners in this area who 'plan to ask for variances also if this one is granted. The Chairman asked for comments from the audience. Mrs. Virginia Brooks, 1460 -Flood, Sunnyvale, said she shows real. estate and feels these are really lovely homes, but the first objection she hears regards the rear view from the windows and the. patio. ® Mr. Langford pointed out that when the other homes were sold there was no two-story school in the rear nor was there a Blaney overpass. He felt it would take too long before a foilage-type buffer would be effective . He emphasized that these homes have• been completed for 8 months and have not been sold. It was moved by Comm. Frolich and seconded by Comm. Traeumer that .b he Hearings be closed. AYES Comm. Frolich, Traeumer NOES <Comm. Gates , Hirshon, Johnson, Small, Thomson Motion died, 5-2 It was moved by Comm. Johnson and seconded by Comm. Small to close the First Hearing. .• AYES: Comm. Frolich, Gates, Hirshon, Johnson, Small, Traeumer, Thomson ,`'' NOES : None • Motion carried, 7-0 . 18-Z-64 D. WARD CRUMP DEVELOPMENTS, INC; : - Application for rezoning of approx. 15 acres from A-•2,:B-)4 to .R-i, at' Bubb Road, Regnart . Road and Lindy Lane. ,First Hearing. -7 • - 411 Mr. Ward Crump said that If we are going to have some road changes we should hear them before this map and rezoning application are ',voted upon. The City Planner said he has 'no objections to the rezoning. However, there is a road 'problem here that will affect the Tentative Map. He then presented his proposal for a road pattern in this area, Comm. Traeumer felt Mr. Crump had a point well taken regarding this solution t10 the road pattern at this time. Comm. .Small felt it was important not cut off the property at the rear with no access or inadequate access. The City Planner said that since San Jose, Cupertino, and Santa Clara County are all involved here, it would be wise to cool-dinate the spearate interests by joint meetings. Mr. Crump submitted that ',if he has to put in a 90' road with stacking lanes in addition to the streets on which his homes Will front, then this is no longer R-1 property. The City Planner said there is a plateau at the top of the hill which must be cgnsidered. The City Planner recommended that, provided there is to be a development on the plateau above Regnart Road, this road should start at Rainbow Rd. , be constructed as a junior expressway (much lower standards than the County express- ways..) for a short distance and then as two narrow, one-way roads on either side of Regnart Creek. Comm. Traeumer asked if this has 'been checked with the County. The City Planner would like to have such a meeting authorized. Mr. Crump estimated it would be 2 to 5 years before we have an answer here as to financing, The City Planner proposed savings on the local streets ' width. • The Chairman proposed the City Planner look at the topo- graphy and see if the road would go south on this terrain. The City Planner pointed out that if we wait for a traffic- ways plan for the entire city to be completed, it will be toe late for this area. Comm. Gates feels the roadways here must 'be solved to make this section developable li .. Mr. Crump added the in-fomation that there is some talk of 410 having on and off ramps at McClellan. - 8 - • .Comm. Frolich 'said he. would.dike to see the staff spend ' • - . some time on the road pattern. here . He suggested two 60 ' roads to Regnart . This would dissipate the traffic somewhat. • The City Planner said t.he -:critical point here is whether • or not to combine a major thoroughfare, with a residential . street. It..was his opinion that traffic could get through here on a 60 + street but they must also consider the safety factor, Comm. _Frolich proposed: ;leaving Regnart as 60 ', have Lindy • • • Lane , and one other access road. Comm. Johnson asked Mr. Crump of the possibility of having a 90 ' street: Rainbow_to Terrace Terrace to. Kennedy School . Kennedy .School to. McClellan Mr'.. Crump said this -was .,feasible . It should have been `' done 5 years ago when he first suggested it. Comm. • Hirshon asked the City Planner what he had in mind when he drew up these plans, The City Planner said he • was .thinking in teams; of �1/2 :acre. and 1/4 acre lots and the major thoroughfares were not to have access to resi- ' dential lots. Comm. Traeumer, felt the .question here was whether or not Bubb Road should be 90 ' , with or without access. Chairman Thomson asked for comments from the audience . Mrs. Juanita McLaren wanted to' state that progress is- here 'and we can't stop it. She feels we are losing a • a lot of. good ,developers because we do not have a good road pattern. Mr., Black, of the State Highways Division, has indicated recently that he wasn't even aware we wanted on. and off ramps at McClellan. She suggested we . widen ..Bubb Road and. think about Stelling, also. • • Mrs.' Williams said she and her husband were instrumental in.. ge.tt.ing the roads up there in the first place. She asked:-how anybody can make• any plans for these hills without a road pattern as .a guidfe. She: urged the Com- mis;s;ion to. have some sort bf •planning up there to make • • these hills attractive'. ®-. Mr • Melvin_Feterson:, 1159 Elmsford Drive, said this area ' would be attractive if .there was water there . . He tried to join the..Re.gnart Water Department but was refused because it was up to capacity. Mrs . Williams urged him to re-apply because she felt the Regnart Water Depart- ment would reconsider. • It was moved by Comm. Gates and seconded by Comm. Frolich to close the First Hearing. Motion carried, 7-0 -9- 4 Comm. Frolich said he would like to ask for a Minute Order for the staff to check the possibilities of widening Bubb Road. Chairman Thomson wanted to add that they also check the; feasibility of extending Rainbow Drive . Comm. Frolich suggested that we could use a neighborhood plan on this area and a street pattern should be estab- lished tying Rainbow to Regnart. The City Planner said it will take longer than until the next meeting to prepare a neighborhood map for this area, but he will work on the street pattern. It was moved by Comm. Frolich and seconded by Comm. Johnson to table Tentative Map 71-TM-64 and: Application 18-Z-64 until the next meeting. Motion carried, 7-0 The. City Planner was asked to contact the County and San Jose regarding the possibility of getting Bubb Rd. through. Comm. Traeumer suggested; the following : "The Planning Department' of the City of Cupertino contact the City of San Jose and, County of Santa Clara and report back to the Planning Commission as to their thoughts re- garding the road pattern set forth in the street layout presented tonight. This report would set forth: 1. Future road planning' in the area and its relationship to the Planning Department . 2. Traffic studies previously made , if any. 3. Timing. 4 Who pays the 'cost . " V UNFINISHED BUSINESS i A. Status of the Resolution prepared by Comm. Frolich re- garding on and off ramps at McClellan? It will come up at the City Council meeting next Monday, according to the City Planner. B. Chairman Thomson commented on the PROPOSED ZONING ORDI- NANCES AND MAP. He said he was told that the State requested we accept them before August 29th. The City Manager had suggested that rather than go through the whole series of red 'tape, maybe we should accept the Zoning Ordinance by Minute Order, passing it on to the City Council with the specific wording that we can rework and correct. Chairman Thomson then read the Minute Order which.he had prepared. He said- this would complete our transaction .with.. the State . 10- 011 Comm. Frolich objected to sending this to the City Council and the State, He suggested we notify the State that we accept the Wilsey, Ham & Blair Proposed Zoning Ordinances and Map.. Comm. Johnson suggested that:,rather than say we accept them, we should merely say the contract has been fulfilled. It was moved by Comm. Frolich and .Sedonded by Comm. Small that we advise the City Council that we consider the con- tract with Wilsey, Ham and Blair and the S'tate. fulfilled and, if they agree, to instruct the State that it has been completed. AYES : Comm. Frolich, Gates, Johnson', Small, Traeumer, Thomson NOES : Comm. Hirshon : . Motion .carried, 6-1 C. A Resolution by Chairman Thomson for Beautification of Stevens Creek Blvd : Whereas, the City Council did on August 3, 1964, direct the City Engineer to do a cost study on improving Stevens Creek. Blvd, and, Whereas, the City has applied for State tax funds for the widening of Stevens Creek Blvd. , and, ® Whereas, the proper improvement of Stevens Creek Blvd will enhance the aesthetic and real value of property in the City of Cupertino, Now, therefore , be it resolved : That the Planning Commission requests the City Council to : 1. Plan for landscaping the median strip in Stevens Creek Blvd. within City limits. • 2. Direct that engineering studies include the proper watering and lighting of median strips . WMy Comm. Frolich felt the City is—ge-i-ng--t.o be extending itself considerably for the next several years and wonders if this is the right time to do this. It was brought up that it would be cheaper to do it now than later. AYES : Comm. Frolich, Gates, Hirshon, Johnson, Small, • Traeumer, Thomson NOES : None Motion carried, 7-0 :1 1 r _ 111 VI. NEW BUSINESS A. Miscellaneous George Gatter, 1. The City Planner said he had heard from / formerly Wilsey, Ham and Blair man who had worked on the general plan and who said he has gone into business • for himself and is available . His office is in San Francisco. 2. The City Planner has received a: communication from Mr. Gerry Chase, Of Wilsey, Ham & Blair, indicating that they are giving Cupertino 200 copies of the General pit, F. and eabh additional one will cost 250. It was felt the City. Manager could best estimate the number to order. The City Planner was instricted to save at least 20 foil the Planning Commission, to plan for succeeding Planning Commissioners . VII ADJOURNMENT It was moved by Comm. Johnson and seconded by Comm. Small to adjourn the meeting at 10:55 P.M. Chairman Thomson reminded the Commissioners of the Thursday Night Work Session, 8:00 P.M. , Homestead High School Library. • APPROVED : /s/ Scott Thomson Chairman ATTEST : ` Oarte City Planner: , _.12- I ' I.