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HomeMy WebLinkAboutPC 10-13-69CT :': e., ;c : "'`:i, ;.;';ate of California 03C:) '2-1-1- Cupertino, California 95014 Phone: 252 -11505 PC -23 80,000.4 MI1VUTES OF THE R'i:Gt'i:A K MEETING OF THE PLANNING, COMMISSION HELD OCTOBER 7. ?, 1.969 IN THE COUNCIL CHAM33ERS, CITY HALL, CUPERTINO, CALIFORNI.P The meeting was called to order at 8:00 p.m. by Chairman Hirshon, who subsequently led the assemblage in the flag salute. Commissioners present: Irwin, Frolich, Buthenuth, Puetz, Hirshon. Also present: Planning Lirector Sisk; Director of Public Works Yarborough; Assistant Planner Eng; City Attorney Anderson (8:22 p.m.); Recording Secretary Lucie M. Matzley. Commissioner Puetz moved, Commissioner Buthenuth seconded and it was passed unanimously to approve the minutes of the September 22, 1969 meeting as submitted. hlLnning Director Sisk advised the Commissioners of having received requests for postponements for the following applications: 1. application 22 -TM -69 to the next regular meeting at the request of the applicant; 2. Application 9 -V -69 to the end of the listed agenda because of the applicant's inability to arrive in Chambers earlier. call to order flag salute roll call minutes approved Commissioner Buthenuth moved, Commissioner Puetz seconded and it was (postponements passed unanimously to continue Application 22 -TM -69 to the next regular meeting at the request of the applicant, and to re- schedule Application 9- V -69's hearing to a later time on the agenda. Planning Director Sisk explained a. County proposed land division, a� ' request for which had been received from the County Planning Department through a letter of recent date. After Director Sisk had explained thel location and the matters to be considered and after no audience comments had been forthcoming, Commissioner Frolich moved that the County be advised that this Commission has no objections to the lot split but that prior to any construction upon the property it would be necessary county request to annex to the City of Cupertino in order to utilize the City's storm authorized drainage facilities, and to inform the County of the City's policy with conditions that properties have frontage on public streets as opposed to easement access way per this request. Commissioner Buthenuth seconded and it was passed unanimously. i Commissioner Puetz asked that the City Council be appraised of this Commission's desire to attend the April, 1970 Planning Commission Symposium in Anaheim and made minute order motion to place this matter on the agenda in early January, 1970. Commissioner Irwin seconded and it was passed unanimously. attendance request ,- esearch rrcueste,�_ 22 -TM -69 continued 14 -TM -69 legend condition opposed staff report questions discussi p. h. closed Plann ni -, cmm= s -s v.on October 3, 1_ ar9 PC -23 80, ono. 4 ,, ra:. � rl,.,.,munications coat l` d Corr,issior- -- also reported on planning innovations as initially subm,k;,.cd through the League of Calif -rnia Cities Convention. He requested that :Planning Director research these methods for future adaptability. Public Hearings A. 22- TT11 -09° Vallco Park This application had previously been postponed at the request of the applicant. B. 14- TM -69: Robert H. Zimmer; Revised Tentative Map, approximately 4.3 aches located south end of Regnart Road. First Hearing. Mr. James McCoy of MacKay and Somps, Civil Engineers, made -the present- ation stating: that the applicant concurred with all conditions suggested placed agafr_st n s application by the Planning Director except for condition 15 -:.Aiich, in his opinion, was excessive. This, particularly in view of tha fact that conditions 13 and 14 adequately guaranteed the installation of the requested services Staff reported, and the C"it- 'Attorney concurred, that the necessity for a cash deposit or 'bond was standard procedure requested of all developers who desire to constr a _Y., Cupertino and that there should be no exception. Commissioner Frolich a,3ked if copies of the maps had been sent to the public agencies such as r'Ire Department, Sanitary District and San Jose Water Department.. The staff answered in the affirmative indicating that the sanitary and water facilities were , -t, available at this time. The Planning Director also stated that the proposed conditions did not allow construction until the facilities were at the site. There were no audience comments. Additional discussion ensued on the matter of septic tanks and whether they *could be allowed as a temporary measure. Director Sisk maintained that, even if the Health Department would permit such terporary installation, the City's Ordinanep woaxld not inasmuch as the minimum lot size for septic tank installation was 4.9 acres. Mr. Robert Zimmer, the applicant, reiterated what his representative had previously stated and also felt that condition 15 was in excess of what was required ''ity Attorney Anderson maintained that this practice was usual and Director gf Public Works Yarborough supplemented the requirement by stating that the bond would not need to be placed until the final map for the project is approved. Commissioner Frolich moved, Commissioner Buthenuth seconded and it was passed unanimously to close the pVbli.c hearing Mi ir.;, : :_r the Planning Commission October 13, 1969 14- T1,1-69 coned Commissioner Frolich moved for approval of Application 14- .TM -69 subject to the 12 Standard Conditions with conditions 13, 14 and 15 as indicated in the Planning Director's memorandum and that condition 15 be modified to add to the last sentence" . ., or LID is formed." Commissioner Buthenuth seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes-. None Absent: None C. Application 9 -v -69� Mission Furniture Company This matter had previously been moved to a later agenda listing. D. PC -23 80,000.4 page 3 14 -TM -69 approved with conditions 9 -v -69 deferred Application 21 -Z -69: Sterling Homes; Prezoning from County 121 -Z -69 CN to CG and from County CN and R3 -2.4 to R3 -2.2; 18.1 acres legend located westerly of Foothill Boulevard, northerly of Stevens Creek Boulevard. First Hearing. Mr. Pat O'Connor from Sterling Homes presented the application and stated that he concurred with all conditions suggested placed against this application by the Planning Director. Mr. Laughlin, the applicants supplemented Mr. O'Connor's statement by presentations advising the Commissioners that, as a part of the County zoning, there was in existence at this site a Use Permit for a service station and that a letter from the County and a letter from Mr. Laughlin had been submitted to the Commissioners for their perusal and inclusion in their discussions as it related to the annexation proposal for this site. City Attorney Anderson advised that the Ordinance provides that, upon annexation to the City of Cupertino, the existing zoning on the property continues and becomes final having received thr same zoning classifi- 1coi:nsel's cation. Mr. Anderson was most specific that, upon approval, all use Idefinitions permits and building permits should go from the County to the City, that the Ordinance was clear on this point, and that this Use Permit and any building permits should be expressly adopted by this Commission. Commissioner Frolich asked what the consequences would be if this Commission decides to recommend against the Use Permit for the service question station. F. Robert Dempster, who stated that Mr. Laughlin was one of his clients, stated teat he had been asked about the procedure in these cases and had advised Mr. Laughlin that the Use Permit as well as the building permits on the site would go from the County to the City upon annex- ation, particularly since this Use Permit had been granted some four audience years ago and no public hearings had been conducted on the matter in comments that period of time. Further, that Mr. Laughlin had been solicited to annex to the City of Cupertino and he had agreed to annex only if the Use Permit as in existence were granted by this Commission. page 4 I Minutes of the Planning Commission October 13, 1969 PC -23 80,000.4 situation explained 21 -Z -69 cont'd Mr. Dempster maintained that there was an existing County Use Permit for a service station on this site and that, should this Commission recommend against the Use Permit, Mr. Laughlin would and could proceed under the County permit. Then, when City utilities would need to be requested necessitating an automatic annexation to the City of Cupertino, the City would have to annex something over the construction of which it no longer had any control. Should,however, the permits be granted as existing, the City would have close control over what goes on the site as well as over its architecture. Chairman Hirshon queried if the City would be "stuck" with the gas station whether this was its desire or not; staff answered in the affirmative citing precedences. When Chairman Hirshon called for audience comments, Mr. Donald Betz of audience Hillcrest Road asked questions relative to street ;-mprovements, the initial comment intent of the General Plan and the high density proposed for the site. p. h. Commissioner Buthenuth moved, Commissioner Puetz seconded and it was passed closed unanimously to close the public hearing. 21 -Z -69 Commissioner Buthenuth moved to approve Application 21 -Z -69 with the 12 approved Standard Conditions, with condition 13 as stated in the Planning Director's memorandum under date of October 10, 1969. Commissioner Puetz seconded Chairman Hirshon wanted the record to show that he was not too anxious to chair see this site utilized by multiple but would rather see it developed with defines low - density residential. Further, that he did not like the service station approval but that this Commission has no choice in the matter as it has already been passed upon and it is better to have the property in the City of Cupertino than to return it to the County. Commissioner Irwin felt that the approval would set a precedent and that this would add an additional service station to those approved by this Commission. Commissioner Frolich disagreed saying that this Commission had no choice as the permit comes with the land and that no one could make this Commission responsible for the approval of this particular servict, station. motion Commissioner Buthenuth amended his motion to include that the existing Use amended Permit for the service station will be accepted along with the County pre - zoning. Commissioner Puetz Aeconded. Ayes: Commissioners Frolich, Buthenuth, Puetz, Hirshon Noes: Commissioner Irwin Absent: None recess Chairman Hirshon called a recess at 9:30 p.m. The meeting reconvened at 9:45 P.M. 22 -z -69 E. Application 22 -Z -69: J. Cyril Johnson Investment Corporation; Re- legend zoning from Light Industrial (ML) to Multiple Residential (R3 -2.2), approximately 8.4 acres located southerly of and adjacent to Homestead Road, 500 feet westerly of intersection of Homestead Road and Barranca Drive. First Hearing. Minutes of the Planning Commission October 13, 1969 22 -Z -69 cont'd Mr. Gary Johnson presented the application and explained the site by submitting aerial photographs. Planning Director Sisk explained the sii and zoning map as well as the surrounding zonings. There were no audience comments. Commissioner Irwin moved, Commissioner Buthenuth seconded and it was passed unanimously to close the public hearing. PC -23 8o,000.4 page 5 p. h. closed Commissioner Irwin moved to approve Application 22 -Z -69 subject to the 22 -Z -6 12 Standard Conditions with condition 13 as outlined in the Planning I approved Director's memorandum of October 9, 1969. Commissioner Frolich seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None C. Application 9 -V -69: Mission Furniture Company; Variance tog V -69 reduce number of required parking spaces from 186 to 74 to legend permit warehouse addition, located northerly side of Stevens Creek Boulevard, westerly of Portal Avenue. First Hearing. Mr. Leo Ruth, Civil Engineer of Ruth & Going, introduced two of his associates and stated that the variance had been filed because the existing parking spaces to the rear of the furniture store had been used only twice during the past five years and it was felt that the parking spaces in front of the operation were more than sufficient. Mr. Ruth pointed out that a furniture store does not have the number of customers afforded other ventures and that, additionally, there had presentation never been more than six employees in the store at any one time. He maintained that, with the warehouse addition, the store owner would be able to afford a larger furniture selection to the Cupertino shoppers, resulting in higher revenues to the City. Planning Director Sisk reiterated some of the statements he had made in his memorandum to the Commissioners in which he defined the reasons staff suggests why this request should be denied. denial In answer to questions by the Commissioners as to the possibility of constructing a second story to the existing warehouse site, Mr. Ruth stated that the structure was not designed to carry a second story and second story that the foundation would need to be reinforced and redesigned to discussed afford a second story structure. Discussion ensued on the reason for the very substantial decrease request and the applicant cited hardship because of what had previously been demonstrated. When asked for his opinion on the matter, City Attorney Anderson stated that, should the C"m issioners desire to approve the variance, it might be approved upon the contingency that this variance is only for the counsel's continuing furniture store venture and, should a different operation suggestion be placed upon the site, this variance shall be void. page 6 condition accepted counsel's statement 9 -v -69 continued 17 -TM -69 legend present- ation query re improve- ments p. h. closed Minutes of the Planning Commission October 13, 1969 PC -23 80,000.4 9 -V -69 cont'd The applicant stated that he would be willing to adhere to such condition by which the parking spaces variance would be in existence only as long as the building is utilized for a furniture store. City Attorney Anderson also suggested that a time limit be placed upon the authorization and that it might be advisable to research how other furniture stores in the adjoining municipalities operate in relation to their parking spaces so that the City of Cupertino would stay in line with other cities. Upon the applicant's concurrence in the matter, Commissioner Frolich moved to continue the application to the next regular meeting, that other communities' methods be investigated, and a report be compiled and sub- mitted to the Commissioners prior to the next meeting. Commissioner Buthenuth seconded and it was passed unanimously. Unfinished Business A. Application 17- TM -69: Skaggs Payless Drug Stores, et al; Tentative Map, 172 acres located southwest corner of Homestead Road and Saratoga- Sunnyvale Road. (referred back from City Council) Mr. Walter Seebach of Ruth & Going, Civil Engineers, presented the application stating that the litigation, which had placed this application in abeyance, had been settled and that the tentative map as well as the revised develop- ment plan were submitted at this time for approval. Further, that the applicant was in total agreement with all conditions suggested placed against this application by the Planning Director. Planning Director Sisk explained the tentative map as well as the revised development plan and mentioned that all conditions, upon approval, should be those suggested in his memorandum of August 19, 1969. There were no audience comments. Mr. J. D. Vanderlaan, the realtor representing the applicant and developer, explained that this proposal was for the first phase of the development and that the second phase might not be developed for a number of years and that his client was willing to construct the necessary street improvements at this time or wait until such time as the remainder of the site is being constructed upon. Director of Public: Works Yarborough was content that the condition "to the satisfaction of the City Engineer" would adequately protect the City in the matter of future street improvements. Commissioner Irwin moved, Commissioner Frolich seconded and it was passed unanimously to close the public hearing. Minutes of the Planning Commission October 13, 1969 PC -23 80,000.4 17 -TM -69 cont'd page 7 Commissioner Frolich queried if the development plan, as revised, made provision for a "no parking" requirement in front of the store; he was answered in the affirmative. Commissioner Frolich felt, however, that there are still people who will park their automobiles in front of the store thereby eliminating one through traffic lane. It was questions Mr. Frolich's suggestion to either not approve the development plan re parking as revised, or approve it with the requirement that the aisle be wide enough for three cars to pass through at the same time or move the construction back to such a degree that public parking in front of the store is accommodated. Since further questions needed to be asked of applicant and staff, p. h. re- Commissioner Frolich moved, Commissioner Irwin seconded and it was opened passed unanimously to re -open the public hearing. Mr. Vanderlaan, in answer to questions by the Commissioners, maintained that this store would not be comparable to a grocery store and that I the chain's philosophy had been in the past there be no curb in front of the store so that there would be an open space for pedestrian traffic. Commissioner Buthenuth moved, Commissioner Irwin seconded and it was passed unanimously to close the public hearing. Commissioner Frolich roved for approval of Application 17 -TM -69 subject to the 12 Standare Conditions and those outlined in the Planning Director's memorandum under date of August 19, 1969. Commissioner Irwin seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None Commissioner Frolich moved for approval of the revised development subject to 1)that the aisle widths be maintained for at least three cars; 2) that no merchandise for sale be displayed in front of the store other than shrubberies in containers. Commissioner Buthenuth seconded. Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon Noes: None Absent: None h. ised -TM -69 development plan as revised approved Planning Director Sisk reported to the Commissioners that the County had granted a Use Permit for the pasturing of two horses on the 43 acre staff report nronerty. the request for which had been discussed at a previous meeting. There was no new business. Commissioner Irwin moved for adjournment, Commissioner Buthenuth seconded and it was passed unanimously. I The meeting adjourned at 10:50 p.m. djournment APPROVED: ATTEST: Jack T. Hirshon Plannina Director Chairman