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PC 03-08-65 . � .� .. .� , P� 80,000.�+ C ITY OF C�� FERTINO C�.1.if ornia 10321 Soo Saratoga--�annyvale Road (C-� L;r Ha11) Cupertino, Califor.nia, 9501�+ ph 2�2-45�5 MINUTES OF THE REGULAR MEETING OF �HE PLANNING COMMISSION Niarch B, J_�65, 8:00 P.M. Meeting was held i.n the Board Room, Cupertino Elementary School D�strict Office, 10300 Vis'ca Drive, Cupertino I SALUTE TO THE FLAG II ROLL CALL: Min�:ites of the Previous Meeting: February 8, 19�5 Comm. present: Frolich, Hirshon (8:10), Johnson, Small, Gates Comm. absent: Traeumer Staff present : City Planner, Adde Laurin City Attorney, Sam Anderson Recordind Secretary, Lois Inwards Chairman Gates announced that Item VI A(File 50,000 GRADJNG, EXCAVATION AND RETAINING WALL ORDINAI�'CES 21�A - 1�+OA) is postponed for. Lwo weeks since the � Engineering and Planr.ing staf�'s have not been able to complete work initiated at the study session held on February 23rd. Corrections to the Mirnates of February 8th: l. Comm. Johnson satd tr.a� on page 1, paragraph im- mediately after the roll ca11 it should read that the City Attorney ..o.. had been `�requested" rather than "su�poenaed " to . . . . . 2. Comm. Frolich said that it should be indicated some- where, under Ite m C, page �l, that the Planning � �• Commission's r.egular�meet;��u� �o�' :�e�bruary 22nd was � preempted by the holiday and by a School Board meeting in the Board Room on the 23rd and a Council meeting --- on the 24th. Therefore, it was decided the beat recourse was to have tr.e work session on the 23rd � at City Ha.11. � � _1_ 3. Comm. Frolich said tha.t on page 6, para. 3, it should . read : ". . . . . said that 'any applicant' rather than � �'' . 'anything' asking for PO-H . . . �� y ' �- '����. ��* �. Comm. Frolich said that on pa�e 7, para. 7, last wor�d, "", .�� the correct spelling is ��precedent." 5. The City Attorney said that on page 1�, first para., his written rEpor� sho�cld be d�..rected to the Planning Commission instead of the applicart. . 6. Comm. Frol3.ch asked if the Planning Commission letter to thE ABC in regard to the cocktail lounge in the Mayfair Shopping Center had been sento If not, £orget ` it because this p has been dropped. Moved by Comm. Johnson, seconded by Comm. Small, to approve the Minutes of February 8th as corrected. Motion carried, �-0 The Minutes of Februa.ry 23rd will be reviewed at the next regular Planning Commission meeting. III WRITTEN COMMUNICATIONS: ' 81,005 A. Notice from the County of an application for rezoning to commercial property on Stevens Creek Blvd in Monta Vista. The City Planner sai.d tha.t he had no ob,jections because there is already commercial in the area. The Planning Commission concurred. 81,018.1 B. The City Planner �s memo regarding unexpired Use Permits was forwarded to the City Attorney , for comments on whether or not a Public F?earing wo�uld be in order. 50,300 C. Chairman Gates read a letter he ha,d written to the City Planner and to the other Commissioners proposing a forma.t which he hopEC� would sp4ed up the Public Hear- ings without sacrificing any pertir.ent information. After some discuss�ion, and a few modifications, it was decided they would use the following format : FIRST PUBLIC HEARING. 1. Read agenda - Chairma.n �-��_, 2. Initial presentation - Applicant (Staff, if � . initiated by the City) ' `� � , : 3. Staff report �+. Questions direct toward the applicant by members� of the Commission. � _� _ . � � 5. �udience participa�tion 6. Ap��licai�t rebuttal }' 7. Close the First Public Hearing . SEC GND PiJ� LIC �iEF���:Ll��G 1. Read the a�enda an.d b.r:i�fly r�ca� commer�ts made by the applicant, au�ience ar.�ca Ccmr�iss� �n at th� I+'i_rst Hea.ring - Chairman. 2e Question�� of the �� �plican� �� the Commission. 3. Any add ;.�Formation tre ap�;yica.�t has to present, __._ � o Any a ddj.ti.onal. iriformation or argumen�U that the audience has t� present. 5, F3.na 1 staf f reper �, 6 o Rebu�ttal by a�plicanf, o 7. Close the Second public Hear. ing, 8. Discussion by the Commission 9. Vote to approve or deny Some of the reasons for a Second Publ.ic Hearing : 1. The need for f�urther study by the Planning Commission2rs and/or the Staff. 2o The need for the applicant to aupply additional data. 3. The need for further time for the audience to �- . effectively present their opposition. If a r�quest is denied, the denial should be accompanied by a list of cond�_tions that we would ha.ve applied had we chosen to appr. ��;�e the request o Then, if the appli- cant appeals to 'che Ci�y Co L'..T1C�1 and the Council decides to overric�e the Planning Commissi.on's decision they wi.11 at least haue said conditions wrAich they can apply to the resu]_cir� ordii.ance . The�e conditions would be svpplied by a,�eml�er of_ �he r�a.n.ority on any vote denying an applica� ion arid w•ould be �;�ts� ictly volur�tary on the part of the minor�.tyo S�caif m.�.y also l�ropo�e attachment of conditions immecliately after a�v�ote of the City Co�.t�c31 z'e�*�a.r'.�ind a denial� IV VERBAL COMMUNICATIONS 81,005 A The City Planner was requested to ask tr.e County for copies o:f Info for each of the Planning Commissioners. 50,300 B Chairman Gates suggested the City Planner obtain ��-' �� Chamber of Commerce maps, of the City of Cupertino for ' the Plannjng Commissioners' new notebooks. He compli- mented the City Planner on the information assembled in the notebooks. -3- -lr-` 21-Z--64 C ANG'�L DIAZ �.pplication no. 21-Z-64. Comm. Frolich was concerned that the Council Minutes of Febo 15th,, page 5�nd 6, gave no referenc� to the Planning � Commission'� conditions Nos o 13 and 14 in their lt ;� �'� motion f or approval of this rezoning, and wanted to ma.ke sure they did :�ot get lost. (City Planner's '" ��`}' comment, Nfareh lO 1g 65: Conditions �3 and 1�+ are included in P.C. Resalution No. 2�F0. The City Clerk � � ha� a�so �.�:c3�d�d them in the Ordinance .) The Second Reading of this_Ordinance has been postponed because no tim� limit had been set on the S�evens Creek Blvd, street improver.^.e:its. - 50,000.2 D Mr. Bob Jacobs, 1105 Loma. Vista, said he was inter- ested in the GRA.DING, EXC�AVATION AND RETAINING WALL ORDINANCES and asked why they are being postponed. Cha.irman Gates said it was because of an unavoidable shor-tage of clerical help� V UNFINISHED BUSINESS: � 17-V-6�+ A. ALPHA LAND CO3 : Application for a Variance to allow 10,�' side yards; also, subdivision of property at Terry Way into three lots 1�0' wide . Public Hearings closed.. Mr. Jahn Pasco, attorney for Alpha Land Company, was ' present. Cha3.rma,.n Gates �ecapped the previ.ous hearings. He said - tYie- reason for. t`his extension of time was to allow the applicant time �o eor�tact his principals to see if they . ' will be amenable to the granting of 10.�' exterior side yards without gran�ing a subdivision of the property. � Mr. Pasco said he has checked wit-h his clients and they have agreed to go alo.ng with this. Comm. Frol,ich wanted to know how we stand, legally, as to public notices, now that the original application ha.s been altered. The City Attorney said �the Public has been placed on notice that chan��s are,possibly taking place on this -��_� . , property, which suffices. ... - Moved by Comm. Hix�shon, seconded by Comm. Johnson, that � � application 17-V-6�4, Alpha Land Co., for a Variance to ��' *� . � a�low 10.� external side ards be a ���!� � ' y pproved with the stip- ;; ulation that th� p�operty will not be subdivided as stated ��'�� on the original application. -� - � . '�.,. �. AYES : Com.m. Frolich, Hirshon, Johnson, Small, Gates NOES : None ABSENT: Comm. Traeumer Motion carried, 5-0 2-TM-65 B. DON RYAN: Application for approval of Tentative Map; 7•3 acres south of Junipero Serra Freeway and west of Blaney Avenue. Second Hearing. Chairman Gates recapped �rie Fir�t Hear�_ng � Mr, Ryan came before the Planning Commission at that time with a Tenta- tive Map and there were considerable objections voiced by the Commissions Most of the comments concerned a layout in this massive area with no street patterno What is pro- posed would make it impossible to subdivide at a later date. And, accord�ng to the City Council Minutes, Councilman Fitzgerald said that when he voted for the R-3-H Ordinance there were definite reasons why the graph'stopped at 20 units per acre. Mr. Ryan said he has no further submissions at this time, but appealed to the Planning Commission for direction. �-- The City Attorney said it is not his job to advise appli- cants. His obligation is to the Planning Commission and the City Council. He said he takes the same position with this application as he did wit h the Alpha Land Company application. As it is written now, the graph which is a part of the � R-3-H Ordinance can be extrapolated until the City Council changes the Ordinance9 that is, until they set a limit on the densitST of the R-3-H. Chairman Gates asked if w�; cou�d ask for a Tentative Map in this case. The City Attorney said that less than 5 lots would not constitute a subdivision in the State laws but that a City can r�ake an;� division a subdivision re- quiring a Tentative Map; Cupertino has done so. Chairma.n Gates felt the approva l of the Tentative Map should include a street pattern. Comm. Frolich asked if it is the Cit;y's positiori that it is not necessary to have a building front on a public street. The City Attorney said the City requires plans for parking, ingress, egress, etc . Comm. Frol3.ch asked if the Planning Commission would be in order to ask for , a street pattern here. The City Planner said that, ac- cording to the Subdivision Ordinance, it is up to the Planning Commission to approve or deny the traffic pattern, etc. _5_ Comm. Fz�olich comm.ented �h«t tY:e Ne�_�hbonc�cc. P1an for this area shows a strEet coming off Lucil.le Avenue arlu turning east near the ch site, so this is not a sudden burden placed upon the applicant. ,. � � mhe City planner � said. the applicarit h,ad told him he would be willing to put in a` s�tree� �r3.thin his. pro�perty, along the east boundary. In the opini,on of the City Planner, an intersection constitutir_g a half clover-leaf, together with a median strip on Blaney to prevent left turns is tYie beSt traffic pa�tterns A regular fo�ur--way intersection� is less preferrable than �he three-way int�rsectipn pro- posed in the roriginal Tentative Map. � � � Chairman Gates asked the City Attorney if the Commission is within its legal rights to ask for a Development Plan, .complete with �the boundaries, etc. The City Attorney said that if it is not in the Ordinance, they are not allowed to ask for it. The City Plan.ner felt the Subdivision Ordinance.wou�d apply � here. He felt they could �ask for parking 2���r����en�s, street pattern, traffic patt�rn, to be agreeable to tY+e City Planning and City Engineering Departments��' He said it is� desir•able to have the adeice of the Planning Com- missiori 3.f they might consider the street on the border line so it does not divide the property. Chairman Gates said they could not make a�udgment in advance, before seeing the actual plan. Mc�ved by Chairman Gates, second�d by Comm.. Johnson, to propose that the Second Hearing be coz�tinued until the next regular meeting and that the Tentative Map be developed by consultations between the applicant and the C.ity Planner and Cit,y Engineer. Items to be included are :� traffic pattern, building layout, parking facilities, and other pertinen� items in Ordinance No. �+7. ,_. . : Motion carried.; �--0 Chairman Gates asked if there wer-e any comments from the audience. There were none. MINUTE ORDE.R: Moved by Comm. Frolich to' have thL staff come. up with an amendmer�t. to the R-3� Ordinance to prevent �his sort af thing from happening again. Once this loop- "" : hole gets some publ3.city,. maybe other� will try to take ' ._ ad�rar�tage of 3�t, wi�h unde�irable results: % . . :.. � �The City Attorney felt the recommendation� sY�ould be made '�' '� ' to the City Council and �hey could enact this. * is hazardous and -6- �X�� P1.anning Commission and City Council. t � Co�;a�.cilma.n Fitzgerald said that Vahen he voted ori that Ordinance re felt it rrras limited to 20 units per acre, _ and that the graph did not end �ust because there was no more room on the paper. The City Attorney said that Ordinance No. 220 is an °— -�` Urgency Ordinance o Comm. Frolich withdrew his first Minut;e Order and replaced it with the following: Motion was to call attention of the City Counc3.1 this matter and two possible avenues for a remedy : 1. To limit the total development to a maximum of 20 units per acre, re�ardless of size, or 2. Put some limitation as to the number of buildings per lot . He did not, however, want to exc lude large apartment complexeso This motion was seconded by Comm. Johnson. Motion carried, 5-0 ' VI HEARINGS SCHEDULED : `� �0,000 A. GRADING, EXCAVATION AND RETAINING 4JALL ORDINANCES Postponed, after written request from the Assistant City Engineer. 2 _z-65 B. WILLIAM D. ANDERSON: Application f or rezoning from R-1:B-2 to C-1-H; 2.9 acres north side of Bollinger Road, between Farallone Drive and Blaney Avenue. Second Hearinge Chairman Gat�es recapped the First Hearing, Comm. Small said he drove by this property and saw a church sign on it. Mr. Anderson said that was an old sign and had nothing to do with present proceedings. Mr . Anderson said he had checked it out; it would yie ld 7 lots as R-2, but the atreet going thraugh the center of the lot would ma.ke the costs prohibitive . The only other possible uses he can think of f or this property would be a church, a hospital, or an apartment complex. When the � shopping center on the corner of Blaney and Bollinger was developed it b locked off a road trat came a long the back . - of this property. This lot is 227' x 508' -7- Cha.irma:n Gates asked °or comments from th� aud9_���ce . Mr. John Newman said he would like to ,know whether or not � ,- �� Mr. I�nderson .holds titl.e to this property at the present '� �.;,,�--� time . Mr. Anderson said he did not o He then asked if the purchase aoreement entered into or the sale of this property was coritingent on the� rezoning to �commercial. Unless this property is rezoned to othEr �han R-1, it was Mr. Ariderson's feeling that it is destined to remain in . weeds. Mr, Newman then asked if the app3icant 3.s a developer�and a realtor. Mr, Anderson s.aid he is. Mr. Newman asked if he is buying this property for himself or some.body else. Mr. Anderson said he is buying� :it for himself. Mr. Newman tMen said he does not feel there is a hardship on this applicant because he has not actually purch�sed the proper�y. Mr. Brooksby 1030� Colby Avenue, Qaid he is a member of the church next door to this property and is vitally con- cernec�. He feels a small commercial development here would be detrimental to the area. PO-H would be more desirable. � 1�4r. `.Boyd Pulley,_ 16290 Kennedy Road, Los Gatos, was disap- pointed that the Minutes of the Firs.t Hearing did not go into more detail on his remarks, and that his name: was spelled wrong. He said the Church purchased the :Tand in - 1956 for thE express purpose of putting a church on it. Then thexe was a change of� .zoning on �he corner for the market and he was riot notified afi�out� this. He was assured at that time there' wrould b�e no further encroachment . They would not have gone ahead ancl built the church if tY�ey did not feel they could depend upon this advice. They now are corrnnitted for 1/3 million dol],ars. He felt their building will be an asset to the community and �hey would like to protect"their investment. � . Chairman Gates said times change and persons on the govern- . ing.bodi�s�,change, whether it is Federal, State or local government. There is no assurance, ariywhere', �that zon3.ng � will rema.in static . .. �� c:�_�,: " T.he C�ty Planner said�there was no;.staff report on this � : appl�.cation: However; he f e lt-: that protec�ion of the neighboring church property by , sor�e���screening ' o� other buffer would be proper .�if. �,, commercial zorie� were granted -r� here. R-1 would be difficult for the developers; duplex `�'"���� ,� � would not be much better. This is a poor location for r' apartments because parking might spill over onto Bollinger �-� � Road and because children would have to go out into this -8- thorofare to reach schools and possible playgrounds in the neighborhood. All in all, p�ofessional offices would seem to be the best use here. � `�;: Mr. Tom Werrick, 10119 Dennison, felt rezoning would �:,�.�� .t - not be in phase with the zoning map. A show of' hands indicated some 25 people present to ob,ject to this rezoning. Mr. Newman said the residents in the area are not unreasonable people and would like to tell the Planning Commissioners that PO-H zoning would be acceptable to them. Mr. Douglas Boyd, 20301 Clifden Way, said he has submitted a petition with 100 names on it to the City Council, protesting commercial zoning on Bollin�er Rd. Mr. Brooksby asked why it is so impossible to use this as R-1. He did not feel a 60 � road down the center, _ as a cul de sac, would be so unreasonable. Moved by Gomm. Frolich, seconded by Comm. Johnson, to c lose the Sec ond Hearing. _ �_ AYES : Comm. Frolich, Hirshon, Johnson, Sma.11, Gates NO�S : None ABSENT : Comm. Traeumer Motion carried, 5-0 Comm. Frolich said that ordinarily, a city has a master plan when a church eomes in with plans to purchase but, unfortunately, Cupertino did not when the LDS Church bought theirs . The Neighborhood Plans indicate a church site next to the LDS Church and commercial next to that, so the property owners do ha.ve some guideline cn which to base this application. Comm. Frolich said the present commercial site at Blaney and Ballinger is almost 5 acres, which is of considerable size . To expand this to 8 acres would ma.ke it too big for a neighborhood shopping center and � '� too small for a regional shopping center. � � �: Moved by Comm. Johnson, seconded by Comm. Frolich, to � deny application 2 -z-65 . ; ;� G � AYES: Comm. Frolich, Hirshon, Johnson, Sma11, Gates 4 NOES : None ABSENT: Comm. Traeumer Motion carried, 5-0 -9- ��-V -65 C. C PM - DEVELOPERS : Applicat ion f or Var ianc e s to a l low ]_- TM-65 sinele� family cluster developr�erit without increase in density; �.76 acres at west end of Riverside Drive, - e ' (Deep�Cliffe); al�o, Tenta�ive Map. Second Hearing. Mr. Anthony Guzzardo, the designer, was present. His Development Plan was placed on the wa11 for all to aee. Chairman Gates recapped the Jan. 25th First Hearing. ' Mr. Cuzzardo has had a meeting with the Yiomeowners to try �� to work `otzt the detail� and also me't w�.th the City Planner. They added a pedestrian walkway and modif ied the entrance. They have complied ��rith the requirem�nts of the City to . gresent c�.iag��ams as a part of the Development Plan. _ - ,, � Mr. �uzzardo then rev�iewed the criteria decided upon at the last Hearing. Chairma:n Gates asked for comments frdm �the audien.ce. M��. Sam Serkin, 22380 Ba,lus�rol Court, felt this Development Plan was considerably d�.fferent from the one they had pre- - viously discussed. He noted the garages�attached to the homes along the periphery. The City� Plariner explained how this Development Plan merely indicates the_building envelope, � �-. � boundaries� within` which the individual homes must stay. Mr. Guzzardo said the'placement of the building envelopes has been dictated by the location of the trees in order to save them. They�are asking f ox f lexibility so they can preserve the natural. amenities. As an example, Lot 9 is .7200 sq, ft. and� the bu�ilding envelope for the house is 2��0 �q�, f�:, plus the garage. Mr. Guzzardo said he is a . designer, not the proper�ty owner nor the d�eveloper. Mr�: Caroline Jagiello; 22�+08 Ealustrol Court, said hers is � an. 8Q04. sq, ft, lot witYi a 1700 �sq. f�. Yiouse on it. She -. fe�1t .tYie neighborhood's real ob�ections are to the cluster development in the center. . Mr. Ra�ph`Beasely, 21633�Terrace Drive, said this presents a per�onal pr�oble;n to him. He has p,roblems on the 16th and 18t� holes on�t�e ad,�acent golf�course. He wonders how he is going to retrieve �his 'balls. � Mrs. Juanita MeLaren,. 2�1Q1 Lindy La.ne, said she has been working a long time on this property and, is the selling �� broker: Mr. Desmond wants to sell this property. After the denial on the last application �for a.n .apartment comple�c he decided to develop it as R-1. _ . -10- I \�� y� In order to get 17 homes on this p�operty you would have to destroy the natural contour of the land. The stately mansion has deteriorated badly since development of __ �_ . homes in that area. Mrs. McLaren thought enough of this ` mansion to have the people from the County Library go out there and check on the possibility of having the County Library go therc, but it was decided the cost of restoring it would not be realistic. � Mrs, Jagiello said the Sheriff's DeparfmEnt had caught the youths who were damaging the mansion and they were not Deep Cliffe young people. Mr. Guzzardo would like to have the easement as a condition of the title of the property. The City Planner felt this would be all right. Mr, Guzzardo said the homes will be individually designed and assured the audienc� that they will be delightful. Collnm. Sma31 asked if the utilities would be underground. Mr. Guzz�rdo said tY�ey would. _ `_ (C.P. Comment, March 11, 1965 There has been a deletion of a duplication in the minutes, hence the short page.) � �' � ___. -11 Chairman Ga�es asked Mr, Guzzardo for a rough e�timate on the cost of the homes if only �.bout 15 were buil� on. this propert3r.. Mr. Guzzardo said he could not hazard a gue�s; he is in the -�'� de s igning bus inE s s, no�: ma.rket ing . � '� Moved by Comm. Hirsh.on, sEeonded by Comm. Johnson,, to close . thE F'ub lic Hearings . � - , . i�otion carr�ed, 5-0 Comm. Johnson asked where, sp:'cifically, the Iands of Western Guarantee. were. The City Planner sai.d it is that por�ion to the- right of Lot 12 on tne Deve lopment Plan. It is .21 acre and steep. There is a 15' easement to this property. The interna 1, curved street is 26' of , paving and two 1/2 ' curbs . Parking will be on one side of:the street only. Chairman`Gates was concerned that the street was so narr�w. He was back East recently and was unfavorably impressed by the narrowness of the streets in Boston and other Eastern cities. He feels wider streets are safer. He asked how the "No Parking" signs would be enforced. Would this be a city street? The C ity Planner sa id it would . Chairman Gates could not see how we ha.ve to offer these induce- � ments of narrow streets, etc., to get developers to come to Cupertino. He felt this property could suppor�; some pretty nice single family homes. Comm. Johnson asked if they had considered reducing the number of homes in the center. Chairman Gates sa:id the Planning Commission's decision has to be made on this Development Plan. Comm. Hirshon does not ob�ect so much to the na.rrow street as to the enforcement of the on-site parking. He wonders if part of the problem would be alleviated if this were a one-way street. Comm. Sma.11 asked if there was a sidewalk. He was told there is a pedestrian walkway on the inner side of the interior street. It will be winding to make it somewhat informal. Comm. Sma.11 wondered if there could also be a foctpath on the outer s ide of t he interior street, reduce the width of the street, arid have it one-way. The City Planner thought this might be a good idea. Chairma,n Gates asl�ed the Ci�y Planner if, in his opinion, this is a more a�tractive plan tha.n, say, 12 single family homes on -'' � this property. The City Planner said the fewer and more expen- '.�,. sive homes on the property, the more attractive it would be; �1.�� howe�-er, we must acknowledge the high land. prices. This seems to be the best plan possible under the circumstances. -12- _ ...�,.. -.,... Mrs. McLa.ren offered the information that �;h�se homes � in this deve lo�m.ent wou7.d se 11 f or around ��0, 000 and up. !, � Comm. Johrison said he ��ao.uld I.�:�e to have the Council define the"word "r.iaterial" in the procedures for revision. ��He would like to avoid the situation whereby the dividing f line between ''minor" and "material" would have to be decided by the Courts. Comm. Hirshon felt that by not defining these words the C.�.ty Staff would have more �` latitude �. ��Moved by Comm. Johnson, °secorided by Comm. Frolich, that applications 2-V- and 1-TM-65 be approved, subject tos 1-12 Standar.d Conditions (Exhibit B) ' 13. Dedicat3.on of public streets shown on Tentative Map (1-TM-65) -� 1�: That suitable easements be provided,. sub ject to the satisfaction of the . Director of Pu�lic Works and the City Planner, for all water and sewer installations and other publ3.c ut3.lities; and that a 15' easement be provided for access to "Lands of Western Title Guaranty Co.," as long as needed, as shown on the Tentative Map. -- 15: That the Development Plan, as presented by the City � Planner (Exhibits C and D) during the meeting of the Planning Commission on 3/8/65 be followed. 7.6a. Any addi�ional parking necessary in the future to be provided within the Development Area by the Homeowners' Aasociation. 16b. Curb parking will not. be allowed on the inner side of the loop street. � 16c . No parking in other driveways than those of bhe , car owner or the host of a visitor. 16d. Visitors only, not residents, in 22 curb parking spaces`. 16e. NO PARI�ING signs; PARKING signs and 15 MPH s-igns and ONE �JAY signs to be erecte.d by tYie developer, as directed by .the City and Traffic Planner, after co�sultations with the Director of Public Works. 17. No tree�, except those within areas showed as de- dicated street, buklding envelopes, or driveways ,, on the Development Plan, to be removed without per- mission of the City Planner. � � 18. Tha.t Covenants, Conditions and Restrictions be formulated and adopted to the satisfaction of the C ity Attarney and the City P].anner ... 19. That 2 corrected and accura�te sets of the Develop- merit Plan (Exh�bits C and D), the Tentative Map _�3_ (1-'I' ) , and a rna.p showing the location of existing trees, �the latter map in the same scale as ��ize Develop- ment Plan, be given to the city planner as soon as . possible. : ,' 20. Procedures for changes in the Deve�opment Plan after ��'Y this Variance has been granted : ..,_ In the event that the applicant shall desire to make any change, alteration or amendment in the approved Develop- ment Plan or Covenants after they have been approved by the City Council as a condition to a Variance, a written request and a revised Development Plan shall be sub- mitted to the City Planner. If the number of dwelling units is not increased, and the City Planner makes a finding that the changes are minor and do not affect the general appearance of the area or the interests of owners of property within or ad,joining the Development Area, the City Planner may certify the change on the revised plan. If such approval is withheld, the applicant may appeal to the Planning Commission. If changes are material, but the requirements in the Zoning Ordinance and previously imposed conditions are still adhered to, and the number of dwelling units is not increased, the City Planner shall submit the change to the Planning Commission. If the change is denied by � the Commission, the applicant may appeal to the City Council, as provided in Ordinance 002 (a ) of the City of Cupertino. A change in the Development Plan inc luding change of requirements or conditions, or an increase of the number of dwelling units, sha.11 be processed as a zone change or as a new Variance. 21. The height limit shall be two stories. 22. A11 streets shall be one-way streets. 23. All utilities shall be underground. � AYES: Comm. Frolich, Hirshon, : JoY�r�son, Small, Gates NOES : None . ABSENT : �Comm. Traeumer � � Motion carried, 5-0 Chairman Gates called for a 5-minute break. MINUTE ORDER : Chairman Gates moved, seconded by Comm. Small to ask the City Council to pay particular attention to r '` �`��� , f� , drainage of the Deep Cliffe rezoning. Motion carried `�. ±' � 5-0 -1�+- 1 .-u-65 D , TOi�i� TAKEYUKI (Ca�.if .� �Water Service Co �): Applica- tion for a Use � Permit fer a: Water Well �and appurten- arit Public Utiliti�s; nox°th end of , Portal Ave . First Hearine. . : Mr. A. L. Stolp, Dis�rict Manager of California Water _. Service Company, said they have to increase their water . supply now that the c�.ema:nd has incx�eased and will . con- tinue to do so. In order to meet the load that is going ' �.� to be placed on them be�ween now and the time imported � wate"r'is brou:ght in, it is necessary �o put in a well. He presented a plot plan to.the�Comm�.ssione.rs, showing large trees bordering the tank. He said this will be along�,,,,side the freeway.: � Chairman Gates asked if this would be a storage tank. � " Mr.. Sto1p said it is an aeration tank. It enables the Wate� to have a sYiort time to.dissipate so that it will not be � milky when it reaches the homes ... : Comm. Small asked wha.t size plantings are be3.ng con- � sidered. Mr. Stolp said they will be pleased to work , �. � with the Planning Director on the type and size of trees and plantings. . . � ` Chairman Gates aSked Councilman Stokes, in the audience, � th� approximate costi f.or ex�ava.tion. Counsilman Stokes � said �massive� exc�.vation would run about.,30� per cubic yard; a sma.11 pro�ect could run about $1.30 per cubic yard. Chairma.n Gates asked Mr. Stolp if California Water , Servic�e C�ompany would have any objections to sinking this � wat`er �ank � feet below.ground. Mr., Stolp said they �� �_ k�ave never done that before. Chairman Gates suggested � `they invest°igate the possibility. . _ , A.:.. . � Comm. Small was concerned about the homes nearby. Mr. � � Sto�].p said there are .s_ome buildings on the property, and Mr. Takeyuki lives in ane of.them. This applicati.on has b.e�en posted and advertised. � Comm� �?rolich. asked �ahat the purpose j_s of leaving the - � . blank .sgace� next, to the freeway.' i�.r. St�olp satd this is � ��•�. �o ena,ble . them t`o get ,,in there with the equipment . • _: .. � : Mr. Stolp ,assur.ed,� the Com,mission that the property will be nicely landscaped ard maintained. ' .. ..:.;_ , Chairman Gates asked for comment�� .from�the audience. N�r, :Elrner Anders.on, 1d581 Port�l Avenue; said his is the �- . , , last house on Portal Ave�nue, and he� is concerned about , this proposed water tank. -15- Comm. Hir�hon asked about the noise arid nig�l-� lighting �n a situation like this. T�Ir. Stolp said the pump would be sub- merged so there would be no noise. They will put in nigl��� -, lights if required o Comm. Hirshon asked how many people %�� ��,�� -~-,./ required to maintain this insta llation. Mr. Stolp said � ��- only the gardener would be coming in, and an operator 2„`, '� ., times a day to check things. Comm. Frolich asked what area will be served by this tank. He was told it would augmEnt the supply that is serving this general area. On this side of Saratoga-Sur�nyvale Road there is a need for an additional supply. This facility will pump directly into the distribution center and answer any additianal supply requests. Chairman Gates wor�dered if it would cost between $300 and $500 to sink this tank. Mr. Pendergast, Engineer f or Calif. Water Service, saicl the total cost o�' the i.nstallation is about �50,OOG and to sink the tank would run probably 25f more than this, due to �the fact that different materials would be used for the tank and the hydrau lics would be different. Chairman Gates requested a staff report from our Engineering Department on cost estimates for this. There is a similar above--ground installation at Wolfe Road, north of Fontainbleu. ' Mr. Anderson said he objected to overhead tanks. He lived near an overhead tank in Daly City and his entire area was evacuated one time beca.use the tank was cracked during an earthquake. Comm. Frolich said he felt a staff repor� on this would be in order, in addition to or including the cost estimate for sinking the tank. He also felt the Commissioners needed time to inspect other.installations. They would like data of the noise fa�tor, safety, additional landscaping, etc. Moved by Comm. Sma11, seconded by Comm. Johnson, to close the First Hearing. Motion carried, 5-0 3- u-65 E . JOHN RODRIGUES, JR.: Application for a Use Permit in a PC-H �Zone, for a group of buildings for professiona.l offices and shops within a PC-H Zone; east of Saratoga- ��� Sunnyvale Road, opposite City Hall. First Hearing. �� � ��:, Mr. Rodrigues explained that this is the Development Plan fo� ��`�''�p the whole. parcel but that he plans only to build the first 3` �`�� buildings along the highway at this time. -16- The whvle de �re ].opmerit will be s,��-�d�x �v::t� 3-� years , There will be 1.00,000 sq. ft. of office space now and the parking ratio for the entire parcel is 180:1. They will be one-story buildings which wi11 resemble the Wells-Fargo Bank building, wh�ch is one lot away from � this development. Mr. Rodrigues said the underground work must be planned f or now for the whole parcel. There will undoubtedly be some minor changes as the needs become apparent during the development stages, but they wi11 all have to go through the same procedure as is being done for Phase One. All buildings will retain basically the same character, traf f 3.c c irculat ion and parking rat io . Mr. Rodrigues and Mr. Marchant, property owner of the � parcel located between the Wells-Fargo Bank and this parcel, are willing to cooperat� in tying in the latter's prope.rty with the character of these plans. Chairman Gates askec� for comments from the audience . There were none. There was a review of the 103 acres of the entire Town Center. The new city hall will go directly behind the , Rodrigues development and will front on Torre� Avenue. The borclers of the PC--H Zone are approxima.tely Saratoga-Sunnyvale Road, the extension of McClellan Road, the Regnart drainage ditch, and Stevens Creek Blvd . The City Planner submitted a memorandum describing the future traffic situation. Left turns at intersections without signals in Saratoga-Sunnyvale Road are getting increasin�ly hazardous and difficult. It seems that sooner or later left turns have to be restricted to a number of signalized intersections with left-turn - U-turn lanes. A logical place f or such an intersection would be Rodrigues Avenue. Other entrances would have to be restricted to traffic from the south and exits to traff ic to the north. The moderate detours this would cause may actually take less time than waiting f or the chance to make a left turn at an intersection without signals. Mr. Rodrigues concurred with these conclusions. Comm. Hirshon asked how we can control the types of uses - in a plan such as this. The City Planner said it is done through Use Permits. .,. . _ _17_ Moved by C.omm..Frolich, seconded by Comm. Johnson, to close The Public HearinJs o . Motion carried, 5-0 ��-� Moved by Comm. Frolich, seconded by Comm. Hirshon, to ap�3�►,E�Ve application 3 -U-65 , subject to the following conditions: 1-12 Standard Conditions 13. Uses allowed �are : professio�al. offices, � plus a number o�f semi-professional shops such as book stores, art shops, pharmacies. Big shops:such as supermarkets, department stores, a1.1-purpose drug stores will not be � a llowed . 1�+. �uilding height will be limited by requirements set forth in the PO-�i Ordinance; that ,is, to 1-1/2 stories .. � - and/or 25 feet . . 15. Parking ratio for the entire development will be 180 sq, ft, gross f loor area to one parking space. 16. In addition to the 180:1 parking.ratio, there sha11 be loading spaces as required by our Parking Ordinance. � . 17'. Mor.e detailed plans for buil�dings and plantings shall � be submi��ed to the Planning Commission for each stage - of the.development; this shall not necessitate a new application. 18. Above-mentioned pla.ns shall be reviewed and approved �. by the H-Control Commission. - lg. A11 utiTities shall be under�round. 20. Procedure f or revisions is as follows: In the event that the applicant� shall desire to make ' any change, alteration or amendment in the Development Plan after it has been approved by the City Council as , a condition to this Use Permit, a written request and a � revised Development Plan shall be submitted to the City Planner. If the `�ize. and general location of buildings is not increased, and the City Planner makes a finding that � the changes are minor and do not affect the gene.ral __. appearance of the area or the interests of owners of property within or adjoining the Development Area, the �- , City Planner ma.y certify �he change on the revised plan. If such approval is withheld, the applicant ma.y appeal to the Planning Commission. - If changes are ma.terial, but the requirements in the . ' Zoning Ordinance and previously imposed conditions are '�� still adhered to, and the total floor area of buildings. �"� i s n� t iricrease d, t he C i ty P lariner sha.11 submit the cha�.g� r �`�, a � , to the Planning Commission. If the change is denied by � ._ t:Y�e Commis`sion the applicant may: appeal to the Council, � as provided in Ord,. 002(a) of the City of Cupertino. : ' �lg:. A Ehange in the Development Plan iMClud.in� change of requirementQ or conditions, or an increase of the ,�, total floor area of buildings, shall be processed as a new application for a Use Permit. 21. Adherence to the presented Development Plan is a �-- � condition for the granting of this Use Permit. 22. Temporarily undeveloped areas shall remain agri- cultural or be used for something e.qually suitable and sightly until developed. �AYES: Comm.,Froli�h, Hirshon, Johnson, Small, Gates NOES : No�.ne.. _ . ABSENT: Comm. Traeumer Motion carried, 5-0 �-Z-65 �. : PARK _L. P�IURRAY: Application for rezoning from „ R-1:B-2 to C-1-H; 1.22 acres, west side of Mary Avenue, between Steveris Creek Blvd..and ,Junipe.ro -�Serra Freeway. First Hearing. �. Mr. K. V. Lutz, 10081 Carmen Road, Cuperi�ino, made the �� pres.entation and showed `the Commissi a sketch of the - proposed plans. He. said he intends to eventually build a larger store than he now has �.n Monta Vista. He is in the welding supply business. He said that usua.11y ,. � he can store the equipment inside, but that occasionally � he rnay have to store something outside.. Comm. Frolich 'asked the City Attorney if outside storage is permitted ' in a C-1 zone. mhe property is located 1/2 mile f�om Stevens Creek Blvd. along the freeway. There is a high tension tower in one c orMer . � � Mr. Gene Lacy, of Cupertino R�alty, said there is a 10' easement on the northerly .edge of this property. One of _ the problems here has been created by the freeway cutting .. . through and the rising elevation of the freeway at this point, which, along with the widening of Mary Ave nue and the location of Cupertino's corporation yard, have com- . bined to make it difficult to decide how to develop this property. A medical office was ver.y interested in going in here until the corporation yard came in. Mr. Lacy said this welding supply business seems to be a most _ logical use for this, property. . , Chairma,n �ates asked the City P7.anner what kind of genearal or specific plan we have for the area until we `�'�''� � . know the status of Mary Avenue . _ - _19- The City P3.anner. said this property has been cut off by the freeway and Mary Avenue . It is unsuitable for R-1. '�h�r��.: .• - is in the city a need for certain "odd uses ��, such as ? r � `�. �,;' clinics or hospitals, corporation yards, etc. Proper �"� cannot be determined, however, until the plan and pro � .= w f or Mary Avenue's overpass over Junipero Serra Freeway has been decided upon; until then, access to ad,�oining property cannot be ascertained. Chairman Gates is of the opinion that Cupertino's image should be preserved along the freeways. We are going to have a lot of border areas along freeways in Cupertino and people driving on them through Cupertino will remember our city by the way it looks from the freeway. Comm. Frolich added that the State is going to do a lot of landscaping along the freeways. Mrs. Geri Lacey, 206�8 Shelley Drive, said she checked with City Hall and learned that C-1 zoning would be correct zoning for this type of business; he sells supplies, like a hardware store. Councilman Fitzgerald, as a citizen, said we do have a prob- lem here. Th�s is a clean business next to a corporation yard ' Moved by Comm. Johnson, seconded by Comm. Hirshon, to close the Pualic Hearings . AYES: Comm. Hirshon, Johnson, Small, Gates NOES : : �Comm. Frolich ABSENT : Comm. Traeumer Motion carried, �+-1 Moved by Comm. Johnson, seconded by Comm: Hirahon, to deny applica�ion 4-Z�65. AYES: Comm. Hirshon, Johnson, Sma 11, Gates NOES : None ABSTAINED : Comm. Frolich ABSENT: Comm. Traeumer Motion carried, �+-1 Chairman Gates advised the applicant of his right of appeal. ��� .. � ;>, Comm. Frolich said that he abstained because he does not fee `�" i ; the Commission has had enough time to check on this specific ��� , r� , �_ application, nor enough information to make a decision at � this time. ' " ' -20- MINUTE ORDER TO CITY COUNCIL: :,:,, Moved by Chairman Gates, sec�onded by Gomm. Johnaon; Inasmuch as Cuper�;ino's ima.�e will in a Iarge part be f ormed by the general impression the traveller gains from --- the property u�e immediateiy ad�acent to the freeways, we recommend that very serious considex°ation be given to locating the City's Corporation Yard in some less obvious place within the City of Cuper�ino. AYES: Comm. Hirshon, Johnson, Gates NOES : None ABSENT: Comm. Frolich, Smal]., Traeumer Motion carried, 3-0 MZNUTE � ORDER T 0 C ITY STAFF : � Moved by Chairman Gates, seconded by Comm. Johnson, to direct the City Staff to ma ke a series of proposals for areas ad�oining the freeways that would not only be suitable for t�he property owner, but would, in addition, ' create a desirable ima,ge of Cupertino to the freeway travellera. Such uses may be� churches and/or professional offices. AYES: Comm. Frolich, Hirshon, Johnson, Gates NOES : None - ' ABSENT: Comm. Small, Traeumer , , . Motion carried, �+-0 VII NEW BU�II�ESS 4-T1�-65 A. RHODES GONSTRUCTI.ON COMPANY; Tentative Ma.p for . e.ight duplelces, o� �i�t�. Dr3ve. Councilman Stokes repr�esented the applicant. When asked, he said these single-story duplexes are designed to rent fpr $170 to $180 per �nonth. _ T�e;City.Planner said the applieation was received only this day. tide don't have to advertise Tentative Maps. However, letters must be sent out :to the .various agencies for .their recommendations and approval. As there seem 'to be no prob�lems in this case; tYie refe�ral to interested �� �agencies could be done between the Hearing before the Planning Commission and the Hearirig before the City Council. -21- , Moved by Comm. Johnson, seconded by Comm. Hirshon, to approve application �- T�7-65 , sub ject to the approval from the var�.ous interested agencies. � � �` �. �� ^ AYES: Comm. Frolich, Hirshon, Johnson, Gates �-- �` i NOES : None ' �- ABSENT: Comm. Small, Traeumer Motion carried, �+-0 VI (continued) 81,00� G. PROPOSED CLUS'�ER ORDINANCE. Second Hearing continued. Chairman Gates asked for comments from the audience. Mr. Melvin Peterson, 1159 Elmsford Drive, San Jose,questioned the 31 deg. angle on Fig. A1 of Exhibit A. , and suggested it be worded in such a way as to be left to the discretion of the City Engineer because in some cases, this.could not apply. Chairman Gates referred Mr. Peterson to Page 1�, Chapter 37, regarding Modif ications. The City Planner then brought to the attention of,the Com- missioners a loophole which has slipped in during rewriting � of one paragraph. A developer could use a 100-acre R1C Zone for, say, ,590 rowhouses on 30 acres at 20 units per acre, a token common area of 2 acres, 3 acres of streets, and one single lot of 65 acres with no access to the public. This is contrary to the intention of the Ordinance: that what is taken from individual lots should be put into a Common Area usable f or recreation. The loophole should be closed by a requirement, that lots bigger than the minimum required in the corresponding non-cluster zone should not be included in the computation of relation between area and dw�lling units. Comm. Johnson repeated that he would like definitions of ��minor" and "material" in the procedure for revisions. , or of just "materia 1" and minor would then be automatically taken care of . He fe lt there should be some guide lines . MINUTE ORDER TO THE CITY COUNCIL: Moved by Comm. Johnson, seconded by Comm. Hirshon, to ask the Council to consider guidelines for "materiality" and "minor. " in their review of the Cluster Ordinance's procedure for revisions. r � AYES : Comm. Hirshon, Johnson, Gates �=.°'� � NOES : Comm. Frolich 'l,_,,1 ABSENT: Comm. Small, Traeumer . ' Motion carried, 3-1 -22- ' ,,.�, .,,�, I�IovEd by Comm. Frolicn, seconded by Comm. Jvhnson, that Resolution No. 2;0 be adopted, recommer.ding an Ordinance in this particular f orm with additions and corrections. -- AYESe Commo Frolich, Hirshon, Johnson, Gates NOES : None ABSENT: Comm. Small, Traeumer Motion carried, �+-0 Councilman Fitzgerald felt the Planning Commissioners should have the Development Plan before them at the time of the Hearings . Chairma.n Gates asked about the status of the Zonir.g Ordinances. The City Planner said he will work out a third draft, including corrections and additions made during the study sessions. It's �oing to take some time to type and proofread this draft� It was decided resumption of the study sessions would begin after the third draft has been completed. . Comm. Frolich wanted it in the record that he felt the C ity Planner should have more c ler:ica 1 he lp; in this way his time could be used more advantageously. VI I I AD JOURNMENT Moved by Comm. Johnson, seconded by Comm. Hirshon, to ad journ the meeting at 12 :30 A.M. APPROVED : /s/ Jack Gates Chairman ATTEST : �^ � � /�, • t--^t. � ( �"tl% - . �l�- ��% City and Traffic Planner -23-