PC 04-14-69 C2TY OF CUPERTII�'0 State of California
10300 Torre Aver�ue, Cuper�ino, California 9501�+
Phone: 252 ��505 PC-11
80,000.4
MINUTES OF THE REGULAR MEETING OF THE PLANN.ING CONIMISSION
HELD APRIL 1�+, 1969 IN THE COUNCIL CHAMBERS, CITY HALL� CUPERTINO,
CALIFORI�TIA
The meeting was called to order at 8e00 p,m. by Chairman Frolich, who call to order
subsequently led the assemblage in the flag salute. flag salute
Commissioners present: Hirshon, But3�enuth, Puetz, Frolieh. Absent:
Commissioner Irwin. Also present: City Attorney Anderson; Senior
Planner Zaurin; Assistant Planner Eng; Director of Public Works roll call
Yarborough; Recordin� Secretary Lucie M. Matzley.
Commissioner Bu moved, Commissioner Hirshon seconded and it
was passed unanimously to approve the minutes of the March 12, 1969 minutes
meeting as printed. approved
Commissioner Hirshon moved, Commissioner Puetz seconded and it was approval of
passed unanimously that the minutes of Ma.rch 2�+, 1969 be approved. minutes
Commissioner Fuetz moved, Commissioner Hirshon seconded and it was
passed unanimously to continue approval of the March 31, 1969 �oint approval
City Council Plannin� Commission meeting minutes to the next regularly continued
scheduled meeting.
Announcements of Postponements
Senior Planner Laurin advised the Commissioners that he was in receipt
of the following written communications: I
l. Letter from Ward Crump Developments, Inc. withdrawing Applic-
ation 2-Z- which application had already been deleted from
the a�enda; �
2. Letter from Mr. Buck Norred pointing out that the postponement
time �ranted for continuin� his operation on the present pro-
perty would expire two weeks before a new application for a written
different site could be presented, and asking for permission communications
to continue his operation until the new permit is decided
upon.
Mr. Laurin stated that Mr. Norred has been negotiating with Kaiser
Cement and Gypsum Corporation to lease in another location and has filed
a new application for Use Permit at that location. I
3. Protest filed against the �ranting of a Use Permit and �
Tentative Map for Applications 6-U It was agreed
that this letter be heard in con3unction with the listed
agenda item.
City Attorney Anderson wanted the record to show that it h�d not been
his intention to question the legality of procedures during the joint clarification
meeting of the Planning Commission and the City Council in his remarks
as shown in the minutes of that meeting.
i
page 2 Minutes of t�e Planning Commission April 1�+ lg6g PC-11
80,000.4
Oral Cormnunications
Mr. Sam Bradlyn of 223�+�+ Riverside Drive submitted photos taken in
the early morning �.ours showing horses grazing near a residence in
comp�laint the area of the Buck Norred operatian. Accordin� to Mr. Bradlyn, this
was in direct violation of the restrictions imposed upon this operation.
City Attorney Anderson, when asked to d� so, expressed his opinion
by which he was most in�erested in being assured that any operation within
the City of Cupertino is not injurious to residents of the City, but that
attorney this was a difficult ma,tter to decide a, it was changing from week to
cites week. Mr. Anderson pointed out however, that the City Council had
council granted Mr. Norred permission to continue his operation until such time
decision as a Use Permit has been decided upon and that the matter should remain
in the discretion of the City Council in order to avoid inconsistencies.
1-U-69 Commissioner Buthenuth moved, Commissioner Puetz seconded and it was
continued passed unanimously to continue discussions of Application 1-U- to the
next regular meeting to be placed under "Unfinished Business".
Public Hearings
�+- TM-69 A. Application 4-TM-69e Joseph and Rose Evulich; Tentative M�,p
le�end approximately 2 acres located west side of Rae Lane (also
known as Linda Vista Drive) between I�yannisport Drive and
Columbus �venue. First Hearin� continued
Senior Planner Laurin reported that the applicant had complied with the
staff revision of the Tentative Map required by the Planning Commission, and
report that approval of the application, including the suggested condition 13,
was recommended.
Discussion ensued on the necessity to secure the continuous control of a
dedicated portion of land for roadway purposes after a certain period of
time has lapsed. It was City Attorney Anderson's su�gestion that it would
discussion be better to accept the dedication and, if necessary, initiate proceedings
of abandonment rather than lose control over the dedication.
In answer to a question by Commissioner Buthenuth relative to the access
explanatio for tne parcel of land if no improvements on the cul-de-sac are required,
City Attorney Ander�on explained the legalities of off-tract improvements.
There were no audience comments.
p. h. Commissioner Hirshon moved, Commissioner Puetz seconded and it was passed
closed unanimously to close the public h�earing.
�+- TM-69 Corn�nissioner Hirshon moved to approve Application 4-TM-69 subject to the
approved 12 Standard Conditions with condition 13 as suggested in the memorandum
of the Senior Planner to the Commissioners, i.e. improvement of the cul-de-
sac to be deferred until such time when further subdivision is made, etc.
Commissioner Puetz seconded.
Ayes: Commissioners Hirshon, Buthenuth, Puetz, Frolich
Noes: None
Absent: Co�3.ssioner Irwin
,
MinuGes of tzd� Plann�.ng �"or,unission Apr�l ��+, 196q PC-11
80�000.4
Page 3
B. Appl�ca��on 9-Z-690 Rod��x° B. Woo�ey; Rezoning from Agri- 9-z-69
cu�turul�R�si�3en�ial Single-�'�.m�.ly 1�.cr� lots (A,1��+3) to legend
Residen'���,�. Singl��family 15,000 �q.f°t, �.ots (R1-15),
a�;proximat�ly 30 squ�re f�et locatecl a� south end of
Mc�xr�t Cx°��� P1�.��. Firs� Hearingv
Mr. Rod��r Wao3.ey p�°�s�n��d t�e �,p���e�,t�.on� �enior Planner L�.izz°in
explained t�e zon�n� of �hi.� �r�� to b� A1-�+3 and t�a� a variance for
seven lot� a�rer�,ging one-h�.lf acre had been granted previo�asiy because
at tha� time Ord�n.anc� 22Q(f� was no�t enac whieh Ordinance pez°mits
flexibilit in zonin�. Mr. La�ar�in al�o elaborated on the conditions explanations
which ha.d b�en impo��d upon the �a�°i�,nce under Planning Gommission
Resolu N�. 290 in �g65
There were no �,udience comments.
Commi�sioner But��nuth moved Commissioner Puetz seconded and it was p. h.
passed unanimous].y to clo�� the public hearinge closed
Commissioner Buth�n�th ffioved �hat Appl.ication 9-Z-69 be d�nied on the 9-z-69
grounds tha.t �� wouild �°�quire too ��eep driveways and the f�.ct that denied
tremen� ous �,mourits of grading wou�d be r�quired for the building
sites. Commis�ioner Puetz �econc��do
Ayesm Commis�ioners Hi�°shon But�enut�, Puetz Frolich
Noeso None
Absento Commis�ioner Irwin
City Attorney Anderson ad.vi,�ed the applicar�t that h� had the right to
appe�,l this d�ci�i.on� in wx�it�ng �,nd wi�thin five days, to the City
Council.
C. Applic�,°tion 10-Z-69 .Wa�°d �r�ump D�velopmen�ts 9 Inc v; Rezoning 10-Z-69
from Re�iclential Single-�'amily 7500 sq.ft. lots (R1-7.5) to legend
Residenti�.l single-Fam�ly Cluster 6000 �q.ft. per dwelling
unit (R1C-6) app�°oximately 11. acre� 1oca�ed e�,st encl of
P�lm Avenue be�we�n Blackbe�°�yy Faz°m and the Horse Ranch.
F�x°�� Hearing.
Mr. Ward Cx°�zmp pxesented the �pplic�tion stating that �.ttempts had
been made to ch�ng� the zonin� in ��is area to �, l.esser zonin� com-
patible with the area,. Mr. Crump presented a lay-out showing the
open spaces and expl�ined the amenities t`h�t had been dev3sed to pre- presentation
serve the n�,tur�.1. terrain of the �rea and ta as�uage the strong
opposition voiced �.gain�� his previous at°tempt to develop �this property.
Mr. Goodw�n Steinb�rg� t�e architec� for the project, exp�ained th�.t
this development had been planned for adult °tenants, peop�e without
small children and °the nece��ity for frequent use of automobiles in
and out of the �ubd��r�sion. Mr. Steinber� explained that there would structures
be 66 units with �.n automobile path 1.eading into an underground mall defined
parking fa,c�li°�y with two story struc�ures an�. much open space.
page � Minutes of the PZanni.ng Commission April 14, 196� PC-11
80,000.�
Application 10-Z-69 cont'd
Mr. Steinberg pointed out the location of the swimming pool, tennis
courts, club house, horseshoe gits and putting �reens and explained
the units wauld contain twa bedroom apaz•tments with living and dining
room and indi�zidual garages on the lower level just belo« the bedrooms.
Mr. Crum.� ex�lained that these units would be individually owned wi+h
the amenities owned in a co-op fas�iion by which each tenant would own
one share of corporation stock entitling him to the use of the coope-
rative ameneties. Mr. Crump then reiterated the problems encountered
with the Flood Control District but was hopeful that they might be
solved in due conrse.
Mr. Crump stated, however, that the Flood Control District migh�t at some
later time and against the wishes of the City and the developer decide
to eliminate the existing trees and that his development had been planned
in such a.fashion as to make the removal of the trees virtually impossible.
Mr. Crump also stated that the Fire Department had made certain concessions
but that he wou�cl be perfectly willing to adhere to whatever the Planning
Co�nission might reasonably consider necessary in connection with this
application.
Director of Public Works Yaxborough concurred that the map as submitted
staff was predicated upon the requirements of the Flood Control District who
report are in the process of a possible re-alignment of the channel and that,
at the next meeting, reports might be completed which would indicate what
was specifically requested by the Flood Control District.
City Attorney Anderson reported on the matter of C.C.& R.'s that, in the
past, should anything be added to the covenants and further restrictions
imposed, there be no amendment without prior consent of the City which
method would give the City the right to review the requested changes.
Commissioner Puetz queried if the City was fully aware of what the Flood
Control District was requesting. Chairma.n Frolich pointed out that the
staff had long since been fully involved in all negotiations in connection
with this application and th� the resolution of problems was not in the
purview of the Planning Commission.
When G'hairman Frolich called for audience comments, Messrs. Kaster of
Scenic Boulevard, Wilson of Palm Avenue, Paulsen of San Andrews Avenue
and R. D. Koenitzer of Phar Lap Drive gave their individual views in
audience connection with the application. The following considerations were
comments discussedo more people in an apartment type building than in the pre-
viously proposed R1-7.5 zoning, additional burdens on schools and traffic
facilities, necessity to preserve the natural beauty of the terrain as
well as that, because of the additional buxden that would be placed on the
tax payer, this application should be denied. Further, that the existing
roads could not possibly facilitate fire equipment with necessary turns.
There was also a question relative to sufficient height of the underground
parking spaces to facilitt�te hi�h automobiles, such as campers and the like.
P�inutes c� �he Planning Commission April l� �96g PC-11
80,000.4
Application 10-Z-6G cont'd Pa�e 5
Mr. Camarda, a local developer, however stated tha� this proposal
was the best one yet to construct cluster developments because of
the terrain.
Commissioner Buth�nuth felt that this application was still in- 10-Z-69
complete and that it should be continued to the next meetin� at continued
which time all the missin� elements would be present upon which to
base a sound decision, Commissioner Buthenuth moved to continued
ppplication 10-Z to the next regularly scheduled meeting. Commis-
sioner Puetz seconded and it was passed unanimously.
Chairman Frolich called a recess at 9:50 p.m. recess
The meeting reconvened at 10:00 p.m.
Chairman Frolich reiterated that he had requested a report from the
staff as to contacts made with Senator Alquist's office relative to
the possibility of obtainin� State funding to develop this area into
a public park. A memorandum had been submitted by Parks and Recre-
ation Director Parham which showed certain discrepancies as it dealt
mostly with the possibility of obtainin� Federal funds rather than request for
State �.inds. Chairman Frolich reiterated his request that the staff contact re-
contact the offices of Senator Alquist makin� specific reference to iterated
the letter as addressad to the G'hairman by the Senator, attempting
to secure specific information relative to the availability of such
a program.
Mr. Crump stated that, should such funds actually become available for
the purposes outlined above� he would be ha�p� to withdraw any applic- statements
actions now under discussion and free this portion of land for such
park development.
D. Applications 6- U -6g/6 - TM - 6gs Peninsula T.V. Power, Inc.; 6
Use Permit for Community Television Transmission facility, legend
and Tentative Map, 0.813 acre locAted near the southern
end of Regnart Road. First Hearing.
Commissioner Hirshon moved, Commissioner Puetz seconded and it was hearings
passed unanimously to combine the hearings of both applications. combined
Mr. Daniel Donovan, attorney for the applicant, made the presentation
stating that the City Council at its last meeting had consented to
authorize the cables along the telephone poles located within Cuper-
tino. Mr. Donovan stated that his client was submitting not only a presentation
request for a Use Permit but also one for a Tentative Map as he was
most desirous of obtainin� the City's permission to operate with
all necessary le�alities adhered to.
Mr. Donovan explained the TV antenna to be 38' high and submitted two
renderings which showed both the terrain and platform and actual
specifications relative to site placement of the maintenance shed and
the seven antennas which shall form a"L" shape.
page 6 Minutes of tra� Plann?r�g Co�ur::���lon t�pr�l 1�+, ��69 PC-11
80, 000. �+
App:lic�tion� b�U- con� tri
Mr. Donovan s�a�;ed �hat th� m��n��n�,r�� build�ng wou�.d be of a low
design with a� i� e shingl.�s nip roaf y a�� f`�r�e p�°ocafe3, and would be
subject �o Vh� �ond.ition� �,s 3mpo�e� �y H Cdn FF�:ccrther, that
the shed would be u°�il:.z�� far �,bou� one-h�.lf �hazxz° a wee� by a technician
site who would ch�;:k �k�� �q��.pmen�;. ��ex°� �ao�ul�l b� n� �be�, no l�ghts, no
defined toilet or° wat�er f�.e�1i���� v�,n3 th� °�buil�in� �roulcl `be used only as � service
shed. The entire cean�truct�.on w�.� sa�.� to be ��cl.osed by an 8' cyclone
fence wi�� barbed wire on top �o ��s�our�.g� �randal�,sm �nd would be screened
by landscapin� and veg�$ation.
Discussion ensue3 on °�he pos�ibili��r of bringing f ire f°1.g��ing equipment
to the site. Mr. D�nov�n s��,ted that th� Fire Department had consented that,
discussion with certain modif°ica�i.ons �uggested b� t�e F'ire Department, t�e existin�
roads woul.d b� sufficient to 'handle any �qu�pment necessary for fire
fighting in t�m�s of need.
When Chairm�,n Fx°olic� call.ed f°or audience c�mmen�ts c�r�ain members of the
audience queried t�ie installa°�ion of clearin� li�hts for planes and the
audience applicant sta�eci th�t he woulc� be �n 1�ouch with the proper authorities
comments to secur� necessas°�r elear�,nce� and guidelin�� for their implementation.
Mrs. Dorothy Wrigh� �+f 22303 Re�nart Ro�d was oppo�ed �o the application
as she had be�n, by �er own ac�mission, opp�sed to the Regn�rt Road
opposition Improvement Di��x°ic� ��ating ��a�� consid��a�ion� as the need for con-
voiced tinuous maintenanc� of the roacls �,ncl in��zfficient turning radius for fire
fighting equipmen�,
po h. Commissioner Bu�henuth moved, Commi��ion�r Pu�t� seconded and it was
closed passed unanimou�l.y to el.ose ��� g�abl�c hearing.
6-v-69 Commissioner Buthenu�'� mo�red to app�°�ve Apglica,tion 6-U-69 with the
approved two condit�.on� �.s �u��es���. in th� mEmor�,ndum by the Senior Planner to
the Planning Comm�ssion. Commis�ior��r Hir��on �econded,
Ayes : Commi�si�ners Hir��on� B�z�lh�nu�h� P�.i�t�, Frolich
Noes: None
Absent: Commi.��ioner Irwin
protest Commissioner Buthen�uth moved, Gomm�ssion�r Pgxe�z �econded and it was
filed Passed unanimously ta �ce�pt �.nd f�l� tr�� l�tter oppos3ng this application.
(_ TM-69 Commissioner Bu�henuth movec� t1�at Applicat�.on 6 -TM-59 be approved with the
approved conditions stated in the Senior Pl�.nner m�morandum and to the revised
requirements of th� Fire Depar�men�o Commi.ss�oner Puet� spvonded.
Ayesa Commis��,on�x°s Hir��on, But�enuth Pue �'x°olich
Noeso None
Absent: Gommi�s�oner Irwin
o L _ � .
Ni1.Yli1�.['7 G� �:�E �''.'_�'t �.::ia;., t.�+`i]illT!����i:it''. ti� `;..:.. �-*. _'�Cy P�"�.l
UO��DOs�
P�.�� 7
` 11-z-6g/7-TM-6�
E. Ap��:������,�;�a,� :��_��.�,ry�"�r'����_b,�. �Iau-i� �� �ss��.��.�, �n�o;
R��o��:�� �r� K��i�� gr�;�.�r�� fric�m �1�x:�eult�r�.1�R�s�€iential legend
��ngya�;-��.r«��r ����r� ? �;� �F:L��3r �o R���3er��;�,a:i �ingle-
f�SC'� :s:�7 `p'� jir� aC], � �C� :. R�h�iy'�p �� � 2l.23:� �'��'�r:�"'"ai:l� �JTl �r'dWWrl
pr���r�,y �rv� Agr� �u�.*�y,Ar�,i��U���,�:�����.i � in��.�-f�m�.I� 7s500
sqdz�:, ��r":," ��l-�?a5� ��,,:�;�. �'��z�.��t��v�� 2 � , �� �����,x��at��y 3�8
acr�;� ���:�.*.:�a ��,�� �i� ,�i� �3�a1�� �cac� n�:�°°�� �f R�gn�rt
C�°eek� ����t �ie���ngA '
Mr. BSa� Sc�a°u�t�, ��F�°���n �:i���,� '� ������� �av ,� n� e�:��ini°t°�Ed the I
pl�n� �rad �acp�a�.r��� ���a;� t��r�� �s� ���� `��°��.�n q���t���ns c�n ��� I
ten�t�,ti��re ma,a,� �,nd ���� �.����t�n�� u� �;n� ����,ff° �i�3 b�en so�zght in
so].ving p�o�:��m ������e C���o >fi�,� ��� ��p�i��an� w�� r°equ�sting t�he
el�m�,n�,�ian of �'�a� r�q�.����� ������.�.k �r���:�n t;�� �u�-�.?_��,� a� not presentation
, n��ded �.nd �,:il��r:�rag ta�� v����.��m3 ��z�°�,�. �:tmo�gh�r� �ea �7�r�yst o Mr.
Sck�ul�e a1.�� �o.�.r*�� ��� ����� ��xM ��:�:�� ,��4���n ��;t�r�ex� ��i� twc
propertie� w�.� ��a�� �Y�at �� �vo�� �� t,�� �a�°x°o� to �ra�r�.n� tSne con-
str'uc�a,on c�f` �. f��:��r ci���:�.�pe� �r��e*• t� ��°��� �taridax°d��
Senio�° Pl�.�n��^ .L�.�z��n ���.�;�� �'�,�:+� #.�� �°�.��s?�n�, did r�o�t ����en°� any
pro�al.em� � k��we�r�� *�a� �,�n�,�,�� �� �.g �3�,:i �a��� p�°a��em �.�°��,� in rega,rd
to t,h� se��3:�n �f ?��a� cal���m��,�: �,� �r��I� a� t� tk�� °�wr� i��� "'no� a st�ff report
part of th%� �u����ri�icn" a
CYiaix°mar� F'rali��a n���d �"k��t� �;�!e ���°�.��i� �i ��,� of �1�� �;��.-r3���ac is t�e
standa�d �6 f��°�9 �,�� p����.�� �� �rt�����e� �� �*�a,� �� f�. ��rips on each
s:��ie of th� 3� f°� ��°��,�.way s�c��,x�� �� p.�,��a���� �,� pr�e��so�ed �;hex°e°by being questions
�ri�u�lly i� nc�� ��g�.�� �. pa�� �� �������� 1��� 0� - �r��t1���� �c�me form
of �iel�w�,1k ���i�a1�. be p������d �t �.����.��: �r ��rbe ����m
Consid�r�,bl� �z,��u��:��z� �n��x�d ���b� �ra �E�� qu���i�n �f tl�� s��.ewalk
and. on - th� ��°�`�1��°� c�° wh��h�� ��x'b�������.�� lr�t� cou:lc� L� �xci�xded from discussion
the Tenta�z�r� �,po
The ��p�������,� ;,��°� ��° th� �.p��.x,��.i�t, ��g��si���i �:��,t t�� '�'�r���,ti�re Map
b� c�n°�in��.�d fc�� f`a����� ��.���y �a��,T ��� ���,�f o
�ommi��i�n�r T�s.���a�n m����. �� :��.a��; ���: j��.b�::�: he�.rin� on �1pp�.ication p.h. closed
11,�Z-69. Ccs�a,����n�� ��t�l��n�t� ����r�.�� �,n� i.t w�a� p�.��ed Yananimousl.y.
Comu�i�s%on�� �I�,�����n mo���� �t� ap�a�t��� Ap�l���,��.�n 11m�0�9s �ommissioner 11-TM-69
B�t�enuth ����r����.o approved
Aye�o ���r,�����,�a���°� �I����.ea�� ��u�,����n�a��� Pe1����, F�°o���;;r�
No�� e 1Vca��
Absent o �o�ari��� �o��� ���r�r�
Commi�sione� Hi���l��n zno�r�cl� C�rr,mi��:��ne�° �u�.hen�th s�conded �nd it was 7-TM-69
passed �un�n�m��x��.;� �o �ont�n�u� �.�������on� of �lpplic�°��an 7m�M-�9 �o continued
the neact m��� in� a
Unfinished ���i����
Commis�ione� l�.iet� indic�.ted ���.t, �� mig�t ��ortl.y hav� r�eady lnforma�ion
in regard t,� �tk�� �i��i� �nc19a��;� :.�,� ��: ��.nance wrhich could be formu�.ated �
into Or�.inan�� �r��lb��� b;y �,h� ��r���° P�.�,nner. It wa� �greecl �o place statements
the matt�r of t;�� ��g�.t I�d�x�� �s�,� �r�l�n�,n�e b�ck on t"�e agenda for the
next me�°ting lznd�x° 14 Unf�n����e� �°asi�e�� I
AZinutes o� the P�anr:iri� �orar�i,ssion Ap�il I� 196� PC-11
80,000e4
1V'ew Bus ine s s
Senior Planner �,aur°�.n displayed �, map s�owing the powex� supply element
of the Coun'�y Genez°al Plan and noted thalt �here is a substation planned
on the lot oraned by PG&E between Jun:�pero Serra freeway and �Iomestead
Road east of i31�n�y Avenu�. The Commis�ioners voiced no objections.
It was a.gr��d t,o pl�,•4e t�� el��tion af C��irma.n and �ice-Chairman of the
Planning Comm�.�sion �n the agenda �°or the next regul�,�°ly scheduled meeting.
Mrs. Stella Kester gr�,ciously offered to donate three acres of land for
a paxk site and invited �he Commi�sioner� to an inspection of the site.
Chairman Frolic� e�cpressed gratitude an behalf of the Co�nission. The
date of S�,turday, April 19 1969 was a,greecl upon as the choice for viewing
the donated locationo
The Chair c�eelare�d °the meetin� ad�ourned a� 12 al5 a.m.
�,PPROVID :
. '1
����� ���
ATTEST: /s/ Donald A. Frolic�i
Chairman
PLANNING DEPARTMENT
�c`,cc� �G�'� M
Senior Plann�r