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HomeMy WebLinkAboutPC 07-08-6310321 So, Saratoga- Sunnyjale Road 252-4505 C I T Y O F C U P E R T I N 0 CUPERTINO, CALIVOIUMA MINUTES OF THE REGULAR MEETING OF TIC PLANNING COMMISSION, July 8, 1963 Time: 8:00 P.M. Place: Board Room, Cupertino School District, 10300 Vista Drive I SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETING, June 24, 1963 Commissioners Present Commissioners Absent: Staff Present: MINUTES OF JUNE 24, 1963 Fitzgerald, Leonard, Rampy, Small, Frolich Snyder City Attorney, City Clerk Corrections of June 10, 1963: Office Engineer, Sixth paragraph: Correction should read: "There will be single story buildings along Portal, with no buildings "greater" than two - story." (Delete - - -- instead of "higher" than two- story.) Under IVB, page 4, Council vote on the last Use Permit to con- struct a gas station should read 2 -1. Commissioner Small moved that the minutes be approved as correct- ed. Seconded by Commissioner Fitzgerald. III COMMUNICATIONS: A. Written: 1. Letter from Excell, requesting postponement of hearing on Appl. 85 -Z -63. 2. Supermatic, Inc,: Letter requesting postponement of Application 25 -U -63 for Use Permit for Automatic Food Vending Machine 3. County Planning Commission Agenda'- Meeting of July 3 Two items of interest to Cupertino; 1) Lachman, zoning change from C -1 -H and R -1 -B -2 to C -2 and R -12, Foothill Blvd and Poppy, and 2) Church - Monta Vista So. 1=aptist. Commissioner Fitzgerald reported both have been approved. 4. Letter from Mr. Fenley leaving instructions that the School Master Plan be forwarded to the City; also stating that both the Mariani and Davis sites have been abandoned. A parcel on No. Hwy 9 (the old Young property) has been recommended for sale. 5. Phone. request for postponement of Application 84 -Z -63 Edwin C. Johnsen (to September) Commissioner Fitzgerald moved that the communications be received and filed. Seconded by Commissioner Small. All in favor. B. Verbal None Chairman Frolich asked that postponements be re- advertised when they are rescheduled. He asked who paid the expense of re- advertising, and learned that the City usually does, except when the applicant is at fault. Applicants who postpone should be tilled for re- advertising. Chairman Frolich asked the Commission's thoughts on sending a letter to Mr. Fenley expressing their gratitude for his e£forta. -1 JUL 151963 There were no objections voiced. Commissioner Leonard moved that a letter be written to Mr. Fenley thanking him for his efforts in behalf of the City. Seconded by Commissioner Fitzgerald. All in favor. IV HEARINGS SCHEDULED A. Edwin C. Johnsen: Application 84 -Z -63 to rezone 8 acres from R -1:B -2 to R -24 -H; 605' north of Stevens Creek Blvd. from Blaney to Portal. Second Hearing Continued. Postponed by applicant until September. B. Donald A. Excell: Appl. 85 -Z -63 to rezone 7.69 acres from A -2:B -4 to R -3 -H; 395' west of Highway 9, 450' south of Homestead Road. First Hearing. Tentative Map Appl. (25- -`1'M- 63) 20 lots. Postponed by Applicant until further notice. C. Douglas H. Freeborn: Appl. 32 -V -63 for a Variance to allow a rear yard of 1416" where ordinance requires 201; 10416 Cherry Tree Lane. Continued. The certificate, signed by both neighbors, one to the rea- of the Freeborn home, and one on the side, stating their agreement to the addition, has been delivered to the City, as requested during the last meeting. There were no comments from the audience. Commissioner Small moved that the hearing be closed. Seconded by Commissioner Fitzgerald. All in favor. Commissioner Fitzgerald moved that Application 32 -V -63 for a Variance to allow a rear yard of 14'6" where ordinance requires 201; 10416 Cherry Tree Lane, be granted as per plans submitted. Seconded by Commissioner Small. Commissioner Leonard said that he had no objection to the appli- cation, but wondered if it should be delayed until later in the meeting. The City'Clerk stated that the applicant had been notified that the meeting was scheduled for 8:00. AYES: Commissioners: Adamo, Fitzgerald, Leonard, Rampy, Small, Frolich NAYS: Commissioners: None ABSENT: Commissioners: Snyder Motion carried 6 -0 Chairman Frolich asked if perhaps the estimated start times on the Agenda should be deleted. Due to cancellations, the meeting was ahead of schedule, and the Commission thought perhaps the reason some of the applicants were not present was because the meeting was running ahead of the Agenda. The City Attorney felt that publishing a hearing for 8:00 in newspapers, and another time on the Agenda only leads to confusion. The Commission agreed that both the approximate time allocated, and the estimated starting time should be deleted from the Agenda. D. Supermatic, Inc.: Appl. 25 -U -63 for a Use Permit for an Automatic Food Vending Machine; NW corner Rodrigues & High- way 9. Continued. Postponed by Applicant E. Blaney Associates: Appl. 33 -V -63 for a Variance to the Sign Ordinance to allow a sign 35' high where ordinance permits 201; northeast corner of Blaney and Stevens Creek Road. . Continued.. Mr. Stephen Dorcich, representing the applicant, told the Comm - isatn that originally it was thought the present sign would be satis- faetory, -but each tenant has complained that it is too low. A 35' sign was requested at first, but was not permitted. He stated that -2- Chairman Frolich caked if the 35' sign rather than a 20' sign would change the development of the stores that much. He added that it seems they are rether dependent on each other, so perhaps "we are jumping too soon on considering this a problem." Mr. Dorcich said that the tenants say "No one The sign was built with the intention of putting an underneath the sign so that the traveler going down would know the businesses were there. Portal Plaza sign. He pointed out other signs in the area large saying "Our signs look squatty ". knows we're here" electrical section Stevens Creek Rcad has this type of r than theirs, Commissioner Small pointed out that the center fronts on Blaney, the house and tree on Stevens Creek hide the sign as you are coming toward the center. He added that he :ias opposed sign variances, but they are designed for the unusual case, and this might be a case for a variance. He added that he is unhappy with what Portal has done with signs. Commissioner Leonard stated that the applicant selected a parcel of property with relatively small frontage on Stevens Creek and long frontage on Blaney, also that he believed the applicant to be fully aware of the fact. For cars traveling west, the center is over and behind their shoulder. Blaney is developed with less than 20' of paving. The Commission has before it a hardship plea, and is now being asked to correct a judgment error by grarrci.ng a high sign. If there were 35' signs, it would not be enough, and there would be requests for 50' signs, then flashing lights. "I think the mistake was made in locating a center on too narrow a strip and on the wrong side of the street ", he added. Commissioner Adamo asked about the El Donato sign, and Commissioner Fitzgerald said they put their sign on the roof to gain additional height. Mr. Dorcich answered that it is not a matter of business judg- ment, because all but one unit is rented. The area is just getting developed, and they are asking the variance to make the sign more presentable. The sign is not as high as the prune trees, and the competition has a 35' sign. "How did they get their sign up ?" Chairman Frolich said that he can see the point regarding the sign's proportions. It was designed for 35' and then chopped down to 201. He pointed out that the merchants in the Mayfair area were not doing well either until Mayfair's business picked up. Competition with their larger sign are also crying, so it hasn't helped to have the larger sign. Commissioner Fitzgerald pointed out that if the prune trees were removed, and the orchards developed, the situation would be better. Mr. Dorcich said that granting the variance would help fifteen merchants trying to stay in business in the City. Commissioner Leonard referred to a couple of areas covered with signs, El Camino Real in Santa Clara and the Burbank District, adding that he doesn't think it would do the City any good to listen to pleas of this type and make another Burbank area. Mr. Ralph Di Benedetto of 'Blaney Associates, said that they are asking for some relief. The merchants are hurting because the sign is too low. Sign companies and large organizations who spend a great deal of money on signs know what they are doing. He said they are not asking for the unusual, just asking for some relief. Commissioner Adamo asked if the applicant would add to the height of the sign, or add a sign for each business, should the variance be granted. Mr. Dorcich said it would be up to the merchant, that they would be guided by the requirements of the ordinance. "I am just as concern- ed about the beautification of Stevens Creek as anyone, I am on the Board." Commissioner Adamo said that the sign is more to his eye level now than if it were up in the air, and he notices the sign, but if it were too high, it would be out of sight. -3- In answer to t..: question of the larger si,ns, and how they were allowed, Chairman Frolich said that the Commission was more liberal on variances at one time, or that some went up before the ordinance, or that on large centers because of the number of stores in the complex, the sign had to be larger to get all the names up in the air. Commissioner Small pointed out that the street is under improve- ment, and that too will help business, upon completion. It was moved by Commissioner Leonard that the hearing be closed. Seconded by Commissioner Fitzgerald. All in favor. Commissioner Adamo felt the intersection should be given a chance to develop and then see if there is any justification to the variance. The City Attorney felt a 90 -day continuance would be better than a denial, If denied, the applicant could not come before the Commission again with the variance request for a year. Commissioner Fitzgerald moved that Application 33 -V -63 Blaney Associates for a Variance to allow a �' sign where ordinance permits 201, be continued for 90 days to give time for the corner to improve and the sign ordinance to be reviewed. Seconded by Commissioner Adams. AYES: Commissioners: Adamo, Fitzgerald, Leonard, Rampy, Small, Frolich NAYS: Commissioners: None ABSENT: Commissioners: Snyder Motion carried 6 -0 Mr. Dorcich consented to continuance, agreeing to pay ad fees. RECESS: 9:05 RECONVENE: 9:10 F. Donald A. Excell: Appl. 87 -Z -63 to rezone 5.29 acres from R -1:B -2 to R -2 -H; adjoining the east side of foothill Blvd. opposite Voss Avenue (Annexation in progress). First Bearing. Tentative Map - 18 Lots. Mr. Gene Maston, representing Donald A. Excell, told the Commission the property is on Foothill Blvd, across from Monta Vista School. (Owner - Zimmerman). The eighteen lots back up to Palo Vista. Commissioner Small asked if the architecture would be changed so there would not be too much of the same thing. Mr. Maston said he would suggest it. Mr. Maston answered questions about the back of the property, saying there are homes toward Palo Vista, except for one vacant lot. There are homes also on Palm. There is vacant land on the north side, with a building about halfway back. Chairman Frolich pointed out that there would be a street available if the plan reversed. Commissioner Small agreed, not seeing any reason for lining up with a street that doesn't go anywhere, as presently shown on the plans. Mr. Maston said that as far as develop- ment, the plan could be reversed without any loss of lots. The City Attorney didn't think the County had ever accepted Palm Avenue. The Office Engineer said that a few items had been eliminated on the check list. 1. Elevations and grades required were omitted. Contours are shown. 2. Locations, names, widths and approximate grades of streets. No grade or slope shown. 3. Proposed use of property required. Should be R -2 -H shown. 4. There will be a drainage problem. Drain is suggested to Stevens Creek, but there will be a 12' slope, and would not permit drainage. Mr. Mast-on said that they are now negotia- ting for drainage out the back. -4- T1,c ".ity Attorney,. ;sked if the Engineering D irtment could approve the tentative map, until the storm drainage is resolved, and the Office Engineer relied that the Engineering Department feels it can. be handled satisfactorily. . The City Attorney stated that tentative map approval poses a r-zesiion as to whether the applicant has the right to but buildings in. ?,dhen should the City take a stand on the question of storm drainage. If the map is approved and then they cannot take care of drainage, the City ie confronted vrith the problem cf approving R -2 going to in- verted wells. He asked if the City we.nts to start a progr2.m of inverted wells in case they cannot take care of the slop. The piece of property is not developable until it can be storm drained. Chairman asked about conditioning approval, and the City Attorney said that conditioning approval, that scorm drains be provided to the s::tisfaction of the City Engineer, would leave it up to him. Approving • dry well takes definite decision by the City, Mr, Maston said there are strom drains on Palo Vista, there is • line on the next street. The Chairman asked for comments from the audience. There were none.. Commissioner Leonard moved that the first hearing be closed. Seconded by Commissioner Small. All in favor. Chairman Frolich requested that the City Engineering Department would see if there is any advantage to reversing the plan, also check the storm drainage problem, and check the streets. It was pointed out that there is no neighborhood plan, The City Clerk reported that a letter from the Sanitary District reports that all of the subdivision can't be sewered toward Foothill, half will have to go to the east. An easement will be necessary. There are no problems with the School District, nor with the Health Department, however the cesspool on -fn and #8 should be back - filled, G. Due & Elliott: Appl, 88 -z -63 to rezone 10,5 acres from R -1:B -2 to R -1; bounded on the south by Stevens Creek Boulevard and on the west by Stevens Creek, First Hearing. Tentative Map. 37 lots, Mr. Larry Schott, of McKay a Somps, representing McKay & Somps asked for a two week extension. It was hoped that the property would close, and did not. Commissioner. Leonard moved the two -week continuance be granted. Seconded by Commissioner Small. All in favor. V UNFINISHED BUSINESS A. Miscellaneous Commissioner Leonard gave a brief resume' of the joint meeting with the County Planning Commission. The purpose of the meeting was to fill in the County on t'ze City's plans, and to discuss,the Preliminary General Plan prepared by Mr. Volker, who was unable to attend. There were some questions by the County about differences between densities per gross acre, densities per net acre, and the fact that the Plan is in terms of average densities, existing single family being left as is and orchard or vacant land going to higher than single family densities. Cupertino was hopeful of arriving at a policy as to the development or redevelop- ment of Monta Vista, also joint problems in the West Valley. There was emphasis of what sort of character and direction the future might hold for the Monta Vista area. Mr. Quinn expressed the viewpoint that the County tries to recognize zoning plans of any existing City but they do have a responsibility to property owners in the County. If they wish to develop in multiple, without annexing, he finds it difficult to obj-ect to thts type of thing: Cupertino 13as written V661b4 lgwji x` -use of t.hL— larRl: - -5 Some discussit... was held on a high type l_aht industrial develop- ment in redoing Monta Vista where existing structures are quite old and near the write -off point. There seemed to be no disposition to interfere with better single family dwellings. Some of the area and the hilld beyond might be some of the finest single family area in the West Valley. A recreation area was mentioned and the thought discussed that the area would probably fulfill a great deal of the recreational needs of the County and Cupertino as the years go by. The County is about to start a study of the west side. It was deferred until the computer was received. Same of the data used by Mr. Volker in the Preliminary Plan came from the County. Upon completion of the statistical work, Mr. Terriberry will go back to work on the West Valley Project and perhaps turn up some specific suggestions. Light industrial and research development for the Monta Vista area does have some difficulties not present in other areas, the water situation, also traffic count is not as heavy there. There is some thinning out of sewer pipe lines closer to the hills. The railroad line does not appear to be decisive enough to place light industry in that area. There seemed to be more disposition to realize high potential for Monta Vista area in residential than in industrial. The preference for industrial was that it seemed to use a lot of land at once. Single family seems to be more scattered. The City Attorney mentioned that there are a lot of nice homes and duplexes being built in the Monta Vista area. If there is no control on them, there might be many problems. Going to M -1 gives a very bread permit use. The County doesn't make much storm drainage requirement, and the problem will have to be solved. The City Attorney stated that he would rather it be the County's responsibility than the City's. Commissioner Leonard reported that one member of the County Commission lives in the Monta Vista area, and he has said that any development in the area is better than what there is. This seems to be the basis for going along on duplexes and multiple. He added that the County membery were somewhat pleased that changes in Cupertino in the near future would permit re- examination of whether better single family homes could go in there. Commissioner Fitzgerald mentioned that the commission was not thinking of M -1 in the sense it has been used, but rather as an industrial park. .Commissioner Leonard commented that old subdivisions on paper had produced situations like four rear lots with pipestem access. The County was looking for any solution that would get rid of the old surveys and to to better developments, in better patterns. The shape of properties is extremely adverse to development. The City Attorney stated that the area abutting the city limits has a lot of building permits being issued, mixing multiple and single family dwellings, and there are no storm drainage requirements. He does not see how the City can move in with the road problem. He asked why the County can't put in storm drainage. Curbs, gutters-and-side- walks aren't essential, but drainage is a necessity. The streets won't last very long without drainage. The sewere are in. Commissioner Leonard said that various County people have ex- pressed dissatisfaction that County operation is timorous in demanding improvements. There is talk of a new ordinance giving the County more control or wltholding permits. Perhaps another meeting could handle sotrm drainage problems. VI NEW BUSINESS A. Miscellaneous Commissioner Leonard reported the Pepper Tree Developers have left the construction yard abandoned and asked that it be cleared. Commissioner Adamo moved that a Minute Order on the clean -up of Pepper Tree Construction yard be directed to the City Manager. Seconded by Commissioner Small. All in favor. Commissioner Small asked what could be done about curbs and IN gutters in the Felton Pa.k area. PAtitions carry of the signatures but 60% is required. He asked if the City could help out on the situation. That subdivision is the only one without curbing. The City Attorney explained that the Protest Act of 1931 was designed to enforce the 60%. It would require preparations of plans and specifications, hearings on resolution of necessity. Then the straight 50% would carry. It would be in the nature of a property vote. It is considered so much work that it isn't worth it to put it together until the 60% is in favor. The City can contribute from the General Fund to improve City streets. The course of action is to ask Council to consider the case. Commissioner Adamo brought up the question of the parking area, asking if the removal of grass was permitted, replacing with rock. The City Attorney said he didn't think i-his is covered by ordinance. The City does have the power to prevent accumulation of rubbish and weeds. Much discussion followed on park-.ing strips with Chairman Frolich asking about making an owner maintain one that was full of weeds. The City Attorney felt that if It were in the nature of a public nuisance and hazardous, they would have to improve it. The basic reason for parking strip seems to be the safety factor, he added, pointing out that it is a lot tougher for a car to jump a curb and parking strip to hit a pedestrian, than it would be if it were all sidewalk. Chairman Frolich felt that a home in his area that has a parking strip with weeds 4 or 5 inches high is going too far. Commissioner Fitzgerald reported that there was a fire in a five -acre section, full of weeds, near him, and asked about weed abatement, pointing out that by the time the program takes over, the danger is usually past. The fire problem is critical during this time of the year. He asked if the City could start earlier proceedings. The City Attorney replied, that if the City took tbii; position, based on past experience, perhaps the program could be accellerated. VII ADJOURNMENT It was moved by Commissioner Small, seconded by Commissioner Rampy that the meeting be adjourned to Thursday, July 11, at 8:00, at the board Room of the Cupertino School District. Seconded by Commissioner Rampy. All in favor. AT EST: ,SRN CD 1 \4 'tin Lawrence A. martln, City Clerk APPROVED: IS/ Donald Frolich Chairman -7- JUL 13