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PC 05-24-65 � _ � PC-R j '. c0,000.�- ' C I T Y 0 F -�G T? P E P T T N 0 r California. �MINUTES OF THE REGU'LAR MEETI�TG OF THE PLANNING CGMI�IISSION : MaSr 2 � - � - , 1��5, ��:00 P.M. The meeting was held in the Library Room, Portal School, 10300 Nortn Bla.ney Avenue, Cupertino. I SALUTE TO THE FLA.G , II ROLL CALL: Minutes of the previous meeting: May 10, i�65 Comm. present: Frol�ch, Johnson, Trauemer, Gates Comm. �,bsent o Comrr�. H� rshon St�fi presento City Attorney, Sam And.erson Dir, of Public Worrs, Frank Finney City Engineer, Bob S.ZOO�c Dire of Planning, Adde _Laurin � Recordin� Secretary, Sylvia Hinrichs Movea by Comm. Johnson, secondeu by C�rm. Frolich, to approve the minutes oF Nay 10 1065 Motion c�,rried, �I--O III ANNOUNCENIENTS OF POSTPONEI�TdTS, ETC . g_V_�5 Mr . Grant Roti,re, representative for a.pplicant Roger 5-TM-65 Wooley, requested a. postponement of Item A under Sec�cion VI, HEARINGS SCHEDULED, for a period of 30 days. Mr, tidooley wa.s injured recently and is unable to be present at this meeting. IV WRITTEN CON�iMUNICATIONS 81,005 1. COUNTY OF SANTA CLARA PLANNING COMMISSION: Referral of rezoni..n� to C-2 at the northwest corner of S�evens Creek Blvd�. and Mann Drive. Minute Order: Maved by Cornm. Jo�inson, seconded by Comm. Frolich, to instruct the staff to t��rite the County Plannzng Comrnission, 2.dvising a�ainst this rezoning because C-2 zonin;� adjacent to R-1 would be ir�compatible, AYES: Comm. Frolieh, Johnson, Trauemer, Gates �� � NAYESe None ,�$�; ABSEPdT: Conun. Hirs��n . ''�':' Nlotion c� rried, L�-0 -1- PC-R� I�Iin.utes of the Re�ular Meeting of the Pl�.nning �;o?�nm�ssion, 5/2�+/65 � ` �. � � � .� � � � � �. � � � � � � � � ._ � _. .� �. � � _ '� ._ � � � � � � _ � � _ _ � � � � � � _. � � � .� � � � � � � " _ .� � � � � � �. .� � � .l.� y'r. . . 81, 025 , 02 2. Co�y .o� a let �er .� �:�o�n L. F� Bonac�ch and Mr . ��°``�� Headlee a.c'd� essea �o tn.e C.Lfy Council, rec�uestin� • ��__� a dei inite d.eci;�:�on on V1r12 �� er or no the northerly � ��ctension,of T�Test�rn Drive is to continue th�ough � to Stevens Cree'.� Road. If not, they ask that the c�ty abanco� the 30 ft, on the western boundary, �.nd they would t;hen spli � the re�.�ainder of the un- � improved land at that point into two lo�s, which would meet all the city�s minimum requirements. The Planning Director said we would need to go into this matter, get s�me maps of the subject area and ma�:e a s'�etch for a possibl.e extension. He proposed � that this matter be postponed.to the following regular meeting. Ordinances do not require a public hearing for this but the Comr,lission may decide to have one. Chairman Gates feels a public hearing should be held in a request for abandonment of an entire lot which would be split into two lots". The City At�;orney' said until a petition is filed for an appeal,' there should be a public hearing on this. Minute Order Ntot�_on made by Comm. Trauemer, seconded . by Com�n, Johnson tha.� public hearing be lzeld on this matter at the n�:�t regular meeting. AYES: Comm. Frolich, Johnson, Trauemer, Gates NAYES: None ABSENT: Comm. H�rshon Motion carried, �+-0 5-�-65 � 3. Copy of a letter from Grattan Hogin, addressed to 3-TM-65 San Clara Sa.nd R� Gravel Company, in reference to.lzis views w�th respect to eventua.l development oi hillside property at �he southeast ed�e of Deep Cliif Gol� Course. , Since this subject Uras not pertinent to any item on -- this agenda, C�zairinan Gates as'�ed that it be placed in the files. �0,002.73 �+. Plannin� Director reac; a notice from Association . for Green Foothills; re�ardi.ng a meeting to be � held ori H�illside Development, on June 8th, �:00 pm ' at Golle�e Terrace Bra_nch Library, 2300 Wellesley Street,�P�,lo Alto, and indicated. he would attend. Chairman Gates:as�ced if any of the Commissioners were ir�terested,-and announced to the.�udience that it was open to the public if they wished to attend. � F'' �� .�. ._ � :�: _ :�:--- V VERBAL CQMMiJNICATIONS � -�� There were none. _2- ._- � ' PC-R;` Minutes of the Regti� ar Meeting of the Pla.nning Ccmmissi_on, •-��y �Zay 2�-, 1�65 VI HEARINGS SCHED"JLED: � �-V-65 A. R.B. & R. WOOLEY: Ap�lication for a Variance in Lo� 5-TM-65 Size, to allour 2 lots a.pprox. 0.�� acre each in an A-2:B-�- zone nor�h of Lindy Lane. Second Hearing. Also ientative Ma.p. Fyrst Hearing Postponed for 3C da�s, G:; ° to �.pplicant's at�sence because of a recent injury. 12-v-65 B> P.F. 8c V.I. FO�DERER: Application for Variance to permit erection of b' fence, 3' in from sidewalk on side street of a corner lot - at 21�68 Oa�:dell P1. First Hearing. Mr. P. F. Forderer v��.s present and submitted a sketch of the proposed'lar.dscaping plans for this property, indi- cating they Ulould plant appropriate shrubbery outside the fence, which would r1a�Le an attractive appearance. It was further explained that this is a dead-end street tempo.rarily only. The Planning Director read. a memo from the Chief Bldg. Inspecto�^ regarding �his application� Urhich stated; �- " (l� this area contains a 7 fto public utility easerlent which mea.ns� the appl�cant would have to obtain permission to use �h�s easement belore any construction of the fence is started and (2) Oa,�leaf Rd. v�rill some day in the z"uture become a cont�_nued street and presumably lots would be created to the rear of this lot, causin� the house immed.iately to the rear to be bloclLed from any view to the intersection of Oa��dell Place and Oa��leaf Rd. To prevent i,his, the fence should be moved back to the set-b�.c'� line when the street is extended. Cor,�m. Frolich c�uest�_onec� tize practicability of a Va.riance v�ith a tiz�ie lirni �, as s �ated in tlle rnemo . Move�� by Cor��r:l. Trauemer� seconcled by Comrz. Jo�lnson that pub�ic hearin�s 'oe closed. Motion carried, �-0 Cor:un. Trauemer felt that since the only purpose for erectin� tl�is fence vras for privacy and better utili- zation of the side yard, it does not appear to qua.lify any harcdship,which is normally the purpose of a variance request, and moved to deny this application. Motion was secon.ded by Cornm. Johnson. AYES: Comm. Frolich, Johnson, Trauemer Gates -- i - - NAYES e None ABSENTo Comm. Hirshon Motion carried, �;--0 -3- PC-R� Minutes of the Re�ular N1ee�ing of the Planning Cornmission May 2�+ 1��65 . � --------------..--------------------------------- -------------. ---=:.,.�_�- . _ r �; (Pl�,nning Director's Note; r�I� � 27 e P.s all Variances, �� this application �;oes to the City Council, whether . recon�nlended b�r the Planning Cornmission� or not. ) S-U c . VALLEY TITLE COMPANY (Page Properties): Appli- , cation for Use Perr�lit for a 60 acre one-family Cluster Developi�en�t within a PC-H.zone - north and east s:ide of Nary Avenue, near Stevens Creek Blvd. First Hearin�;. Mi . Mittle:�an of 1050 Univers_ty Avenue, Menlo Par'_c, representeG Pa�� P�operties. Mr. Mittleman said i,hey nave chan�ed.the type of project Urhich they had ori�;inally requested (about a year a�o) �rom apartment rental type to single-family residences. They pro�ose- to bu�i�d and sell sin�le family units in the u0 ac� es 9 and. the b�.l�:nce of the land will be fept in reserve. High-rise buildin�s and condorninium hornes will be proposed in the higher density area in the fu��zre. This particu.lar site plan was presented to and revieived by Dir. of Public Wo�'_cs and Dir. oi Plann� ng before �oin�, into design. Applic�nt realizes any �echnical problems t�r711.have to be solved be�'ore further studies will be made. They iTil.l a;ree to d�.�scuss these a� �, furtl�er study - session, or a joint study ti�riLli the City Co�zricil, but feel this 1s the tirne �.o be 1leard by the public, and to answer.any questions. Chairman Ga�teS cornmented that a PC-H zonin� had been requested on this par�icular develapment over a.year a�o, and plans had been submitted. Chairman Gates explained i,hat in zreas for residential use there is an overall avera�e dens�.�cy of 1:6 dwe111ng units� per �ross acre. This woulc� en�!ble the_developer to have R1C zonin� on a major pori,ion an.d hi�h-rise apart- . ments on a.smaller portion. (Plannin� Director's note, T�l�.;; 27t The PC-H Ordi- nance requires th� an �p�l�ication for a Use Permit shall include "a ) plot plan shoGrin��� loca�ion oi' buildin� or bui_ldin�s, U) t� ee pl��ztin�; � and land- scapin�, plan, c) plans anc'. elevat�_ons of bui.ldings to be constructec?." Ii1 this case, the applicant has . requested, however, tlzat his prel�r�. i_nz.ry s'_:etciz be discussed before he goes to tYie e1>pense of ma'iing rnore elaborate plans. Development standards require,d i'oi a particular us� in �. PC-H zone shall be th� same as for the correspondin� zone, in.this case R1C.) � � ,,� . Chairman Ga�tes �expla�_ned that �we are attempting to . brea'_� up the monotonous pattern of 7500 sc�. . f�. build- � in ; lots; allo��lin�, smaller lots compensated by connnon -�- _ ...., PC-R� �iriutes o� the Regul.ar :�Ieeting of the Planning �ommission, May 2�- 1965 ---------------------------------------------------------------------- -�--- open space which wou�d be accessible to people living in the area. A minimum of 5 acres is allowed for this type of developmen�, and the total density cannot exceed den- sity of an R-1 zonzng� however, there are certain con- ditions u�der wh �ch we n1i_ght modify the density if this would contribute toT�,rard �he improvement of the develop- ment. In a Cluster Development, ro��rs of attached rouses shall be interrupted not more than 300 feet apart, win- dowless walls to insure privacy shall be indicated on the development plan, and areas adjoining R-1 zones shall be developed compatyble with adjoining homes in R-1 zone. Side yards shall be adequate, but the developer can pro- pose adjustments. Public utilities shall be placed under- ground. These, briefly are the highlights of the Cluster Ordinance, and we want to leave the applicant with some idea of what our eoncepts are for the property, for which the deve].oper can aim.. Comr.i. Trauemer feels there should be more schematics submitted by the applicant for a study session. The Planning Director wi.shed to call two special points to the attention of the developer: (l� it should be noted that the PC-H zoried development would be divided into one major part wi�th R1C use and one smaller part, in which high-rise apartments may be proposed. Provided that the density of the latter part is not made unduly high, it may be impossible to reach the overall density of 16 dwelling units per net acre allowed in a PC-H zonei and (2) that the street plan should allow the differ- entiation between Mary Avenue as a through street, and local streets for internal traffic only. The Planning Commission may recommend and the City Council approve (with u votes out of 5), narrower local streets. Comm. Frolich was puzzled as to w�at would be gained by a study session - our only concern is that PC-H Ordinance requirements are followed. The applicant should work out the details in agreer�ent wi.th the staff, and a second hearing shoula be reld �t the rext regular meeting. Comm. Trauemer noted that particular attent�on should be paid to zngress and egress out of the cul-de-sacs. Chairman Gates recapped the obvious planning aspects - adjacent to the freeway, another major thorofare, and to a park, and added that one point we must pay particular - -5- , PC-R9 Minutes of �.he Regu�!.ar Me�:ting of the Fl.anning Co::;��r.ission, May 2�+, 1�6� ---------------------,--------------�----------------------------------�-� �' attent�on to is that backs of houses are unattractive - they should turn the front or the side �owards the arterial stre�t. The Planning Director discussed NIa.ry Avenue, which should have four moving lanes, left turn lanes, and lanes for emergency parking - with foot patn or side- walk on one side only. At intersections with one left turn lane, 80' width is needed. If the number of inter- sections were restricted, the curvature of Mary Avenue could be used to narrow the street between intersections. _ Moved by Comm. Traeurner, seconded by Comm. Johnson that public hearings be closed. Motion carried, �+-0 Chairman Gates said.there are no substantial objections to the general concept presented. I�1any specifics will � have to be worked out 3.n accordance to the C.luster �. . Ordinance - we can by that determ how good this Ordinance is. � Mr. Mittleman feels �he pro,visions of the Planning Com- mission are somewhat�involved. The developers have already spent a lot of time and money to work out this � particular plan, and befQre they can do any specific planning of Mary Avenue, they would have to know the factors.irivolved. Discussion about details may stretch out the proceedings immensely. Could we proceed from this point wit�. the Planning Director and then come back to the Planning Commission with the Tentative Map? ,.. Chairman Gates inquired if this was a rezoning application now. The City Attorney said that a public hearing is necessary for a PC-H Ordinance for a different use than was originally approved. In the original interpretation, therefore, this is in effect an amendment to the Re- zon�ng Ordinance. The issuance of a Use Permit is the original'reqtzest in this application. It is material . change,.and to protect them and the City, they should - be given a second hearing at the next or a further post- poned meeting. Do "clus�erizing" then and 'get rid of - th� bugs.'. This would mear. that the staff could have . recomm�ndations brought up at the next meeting - and it can then go to the City Council. Suggest they incor- porate t�.e.Use Permit wi�h this change in the nature of the Use. Comm. Frolich agreed that this was the intent when the PC-H Ordinance was developed. _ ., � Comm. Frolich.questioned whether the applicant is willi��. to spend the,money until he actually has the change in ;�' the Use Permi�, and whether the Commission would be satisfied with what has been presented in fulfillment of PC-H O.rdinance requirements. , _6' ... ....- PC-R9 Minutes of. the Re�;ular i�ieeting oi the Planning C�mmission, ' May 2� 1g65 The City Attorney answered that the �'lanning Commission �,ars approve the change, and recommend an amendment to ___- the Council. The Planning Director st�.ted that actually this appli- cation is for an R1C use withi-n a PC-H zone. In order �� to��grant a"Us'e �'ermit we must have more elaborate ' plans - b,oth regarding traffic and to show conformance �ith the Ordinances for tYie particular use within the PC-H zone. The City Attorney said it appears it is a material change in the zoriing, and the developer should be required to give the City up-.to-date information as to what they plan to do. Mr. Mittleman answe�ed that their �Use Permit application was for a PC-H zone, and this particular plan would actually achieve this, when updated. Certain technical matters were.pursued. Question is, could they, without complications, pursue tnis under the PC-H Ordinance, since_they have done their planriing on this Ordinance and are not asking for another zoning. Comm. Frolich sta�;ed that the of the Planning -- 4 � Comrnission when the`PC-H Ordiriance.was adopted was that a Use Permit should be relatively easy to get - pro- viding that the propos�als made at the tim.e of rezoning have not been serio:usly altered - i.e. substitution of a 3-story factory bui�.ding for a single family dwelling. Chairman Gates r�m�arked that this reflects our inter- pretation of the Cluster Ordinance, and quoted from � Section �+2 of the Cluster Ordinance � a� follows : "In the event that the applican� shall desire to make any . change alteration or amendment in the approved Develop- ment Plan after a Cluster Zone has been granted by the City Council, a written request and a revised Develop- "ment Plan shall.be su�mitted to the Ci'ty Planner .... and if changes are material, but the requirements in the Zoning Ordinance and previously imposed conditions are.s'till adhered to, and the: number of dwelling units ' 'is not increased, the City Planner shall submit the change to the Planning Commission .... a change in the _ -Development Plan, inclu�.inb change of requirements or . - conditions, or an increase of'the number of dwelling units, sha11 be'proeessed as a, zone change." � Comm, Frolich replied that actually thi.s application is not for zoning under tYie Cluster Ordinance, but a cluster uSe under the.PC-H..Ordin�n,ce. - --_ _,___ , . - - The City At�orriey asked if br.ingin� the plan up-to-date is agreeable to the Planning Commission, then we could propose an amendment to the Ordinance and present it to -7- PC-R� P�Iinutes of �;he Regular NIeetin.g of the Planning Cornmission, May 2LI-, 1965 ----------------------------------------------------------------------- t�. the City Council fc� adoption - and in the same �� resolution issue the lise Permit subject to clearance from the City Council, we would not have to have a hearing on this. To Chairman Gates' question as to whether this was not a material charge, Comm. Frolich pointed out this is just as big a change as from R-1 to R-3, or to an office building, or to industrial park> Because it is a desirable change in most minds doesn't reduce its signi�ican�e as a change in use. Under any other circumstances, a public rearing would be required as a matter of principle. Comm. Traeumer pointed out that if this particular par- cel has been materially changed from the original de- velopment plan, another �lan is needed which can be approved by the Planning Department. The Planning Director stated this is definitely a material change from the original zoning, and the only way we can control it is through a development plan as a condition to a Use Permit. The Planning Commission recommends to �he City Council on Use Permits in a PC-H zone, and the Council makes the final decision. The hearing on this item will be continued during the next meeting of the Planning Commission. D. MASON ENTE�PRISES; Application for Rezoning of 12 ��, Z_� 5 acres from R-l:B-2 to R1.C, to allow 7-10 dwelling units per acre, between Blaney Ave. and Portal Ave<, north of Stevens Creek Blvd. First Hearing. Mr. O.D.Mason, �60 Camden Ave., Campbell, represented Mason Enterprises, and presented maps. Mr. Mason ex- plained the.Planning Commission has been familiar with this property for over a year. Mason Enterprises drew up a map for a park at that time, in a location where the Plannin� Commission wanted it.. In the mean- time, the City has negotiated with Torres Co. to change the location of the par?�. Mr. Mason said they are not going to spend any rr:ore money drawing maps until the City has decided where tne park is going to be. The City Attorney replied that the matter before us to- ni�ht is that Mason Enterprises wants to zone a certain area of lanci to R1C. The northeast corner of the area - is zoned for a park, but a proposal is before the City Council on June 7 to rearrange �;he same 5 acres so the park would face Portal Avee in order to separate areas with different uses. Chairman Gates recommended this matter be postponed ��`"�' until after the City Council meeting. The Planning Director said this First Hearing was put on the -8- � � . PC-R�� Minu.tes of the Regular Meeting of the Planning Commission, May 2L� l� �5 ----�----------•----------------------------------------------------- -=----- a:genc�a for a prelir�inary discussion by request of the applicant, 2nd recornmended thz � the Cor!uniss�on continue this Hearin�. Origin�.11y, this project included �.n area zoned R-3, t,rhich allowecl a�vera�ir_� of density, but it seems at the present ti:at tne ��?�plicar.t has nad to exclude this area. This mear_s overall .�-1 cens�ty unless tlze Planning Com- mission and i.he City Council see f�t to apply Sec.2�- of the Cluster Crdinance (NTodificat�ons of I�ensity), which perhaps could be �one by reference to the General Plan, which indicates 7.3 to 10.0 dwelling units per acre. The City Attorney sugges�ed thys matter be tabled until the next meeting to save Mr. Mason from re-applying. He is as��in�; for certain zonin� on land which is not at �ainable, ancl we should wait until we ?�no�r what we are tal'.>ing about . Comm. Frolich fel�� that because we don't '�now the shape or location of the par'_L, at lea.st part of �y7hat is said toni�ht in answer to questions might turn out to be a waste of time. It would be better to postpone this �-- - until the next meetin�. Mr. Mason said they are trying to get soraething done. He is about to the end of the line in spending money - he would l� ke to as':. the City to ma��e a decision. Chairman Gates suggested that the man for Mr. Nason to see Uaould be the City M�nagere The Planning Commission will continue the rllatter this evening, or postpone it until tlze nex�; ��eetin�, or until NIr. Mason has suffi- cient information �o ma��e a plan. Comina Tr��,er.ner moved that Conunission continue the hearing iznt� l the next nieeting. Seconded by Cor�.r:1. Motion carried, 1 ! -0 Minu.te Or�e � Corr�r��o T� auemer m�oved and Comril. Frolich seconc'ec. thzt i,he City Council be asked to expedite t��e rnatter vi' the par:� site to allow applican� to ploceed with his plans. AYES: Comm. Frolich, Johnson, Traeumer, Gates NAYES: None ABSENT: Cor�m. Hirshon � Motion carried, �-0 �� Chairman Gates requested a five-minute break at 9:�5a _c�_ .� PC-R; Minutes of the Regul�r Meeting of the Planr.;ng Commissi_on, May 24, 1 �65 .�.� -- ------ ---- -----------------......__ __ _ .__.,___ ..__ .._�_,__.._,...,._ �� 7-Z-65 E. Maci{AY HCMES: Appl� cat� on �or Rezoni r�g one acre 8-Z-65 from R-1:B-2 to R-3H and 33 acres to R-l. Also � 8- TM-65 Tentative Map. I�Zrst 1-Tear�r�g. Mr. George Somps, Civi.l Engi.neer of 1130 Evelyn Way, Sunnyvale, represented MacKay Homes. Mr. Somps revaewed the Tenta.tive Map with the Com- mission, and recapped the application. He showed �the prelimi:nary grading plan - w�th spl't-level • streets in orde� to take best advantage of the � terrain - minimum cut and fill area will lend to the attraet.ivenes:s of the area:. He �greed with the citi- zens' concern w�_th the traff�.c problem., but feels in the future there w:ill be other accesses to the area. In reply to Chairman Gat�s' request for comments or questlons from the Commission, Comm. Frolich a.sked hat the applicant p�oposes to do about the P.G.8c E. po r lines. ' Mr.'Somps said that in order to utilize the property they'have proposed a 60`' street plus two 30' set- backs"in the 120' r�ght-of-way of the power 1�_ne. Comm. Trauemer pointed out th�t the proposed R-3-H alon� Foothill Blvd is bounded north by R-2-H, south by R-3-H. The�-'PZ�.nnin�• Dir.ec�tor • . recommended that the entire area Ue zoned R-1 '(75C0 sq. ft.. 1ots, which is the normal zoning in Cupertino). It is poor planning to have lots with d�rect access to a major highway. Also the:State Division of Highways needs more time for their cor.s�derat�.on. A second hearing would be advisable. Quest�_oned by Comm. Frolich, the Planning Director said when the proposed two accesses from both north and south are completed these should be satisfactory for the area. The Dir. of Public Wor�ts said from the engineering standpoint this usage is satisfactory. He would like to review the grading plan further.... In comments from the audience, Mr. Brainerd Plehn . of 10538 Chace Drive, said the developer had made no provision for access out of the development other "� than Chace Drive or Starling Drive to the main access \l ''°`�r on Foothill Blvd. - which would create a traffic problem. -10- � , .,.' • PC-R�� Minutes of the Regular Meeting of the Plannir.g Commi_ssion, May 2�+, 1�.65 , Mr. Walter Ainsworth, of 1062; Ainsworth Drive, repre- -��- senting the Creston Improvement Assoc„ asked Chairman Gates to read the letter from the�Associat�on which had been delivered to the Comm�ssion. Th�s letter poirited out that the developers would be destroying the beauti- ful oa'� trees in the area proposed for the apartment houses, and thus spoil a very scenic spot, These pro- posed apartments .would also lower the value of their homes, and would crea�e a bigger vacancy factor in apart- ments than the 30-40� which now exists in Cupertino. F�urther, the proposed development�together with 14�5 homes on Creston, 46 on.Rivercrest and 8 on Pringlewood ,would have to use �Starling Drive. Mr. Somps said that he can appreciate the traffic prob- lem brought out by.Mr. Ainsworth, but it is not an in- soluble problem, and the Creston Improvement Association could go a. lor.� way to help rectify the traffic situation . and tY�ey also hope to have the assistance of the City in solvi�ng the problem. The �evelopers are also concerned about preservation of material beauty and they do not � plaM to purposely mar thiS. _ Comm. Frolich pointed out that there is a 120' wic�e ,overhead ea.sement at Y.G.& E. power lines on Alpine Drive, - could a 50� right-of-way be brought up for a possible �.ccess road to connect with Alpine DY�ive. Chairman Gates said we had sufficient grounds to have a second hearing on this applicat�on. Comm. Frolich moved that the first hearing be closed, : seconded by Comm. Johnson. Motion carried, �+-0 Minute Order: Moved by Gomm. Frolich, second.ed by Comm. Johnson tha.t the staff look into the possibility of ex- tending Alpine Drive as a third access road into the area. � AYES: Comm. Frolich, Johnson, Trauemer, Gates NAYES: None ABSENT: Comm. Hirshon. Motion car.ried, �+-0 '; �-Z-65 F. BEATTY: Application for Rezoning of one acre from _ �7-TM-65 R-1:B-2 to R-1, at S.cenic Blvd. Also Tentative Map. Fir�st Hearing. ------ --- M�.. Haro.ld Provence, 188�-0 Pendergast Ave ., Cupertino, represented Miss Da.�sy�Beatty. Mr. Provence explained that; Miss Beatty Yias a large piece of ground which she -11- PC-R; Minutes of the Regular Mee�ing of th� Pianning �oMmission, May 2� 1�65 -------- ----------------- ----------- -------- -- ---------- ------- -'� would like to divide into two lots. One lot size would be �000 sq. ft., which she proposes to sell, and the other lot, on which her house sets, would be 1�-, 000 sq . ft . Chairman Gates questioned whether a home can be put on this 8000 sq. ft. lot. Would it require a variance? The Director of Plarining reported that a communication has since been received from the Cupertino Sanitary District, stating that only Lot #1 can be served by the existing sanitary sewer on Carmen Road. There is no sanitary sewer on Scenic Blvd. which could serve any of the b�la.nce of this property, and it would be necessary to retain the septic tank on lot #2. They, therefore, recommend that the County Health Department be contacted prior to the issuance of any building permit on the balance of the property. The Dir. of Public Wor'_�s said two things have come to the attention of the engineering department - 1) re- garding the 10 ft. strip to be�dedicated on Scenic Blvd. - what is the conf iguration of the nearby intersection? Perhaps it would be unwise to take dedication at this time. 2� I#' Scenic Blvdo should be widened an additional 1_0' on the south side, then the additional 10' would further deduct from the _. 8000 sq. ft. of lot ,�1, and would need more improve- ments. If Scenic Blvd. is not to be widened, then we have a good portion of land that has to be given back some time. Plans should be considered thoroughly. Comm. Trauemer said this seems to be an example of spot zoning. When some one comes in for spot-type zoning they should show wha�t �hey plan to do with the rest of the property - in this case, it might have some bearing on the dedication portion. . Moved by Comm. Trauemer, seconded by Comrn. Frolich, � that first hea.ring be closed. Motion carried, �-0 Chairman GateS instructed the staff or the applicant to furnish some indication as to what will be done with the adjacent property, for the next regular meeting. Mr. Provence said tha.t since this ma.p was drawn, the adjacent lot has been sold. Minute Order: Moved by Comm. Trauemer, seconded by `�''�---�`� Gomm, Frolich, that there be estab- lished an intersection design in �-12- - � �.- � � PC-R9 P�inutes of the T�gu��.r T�Ieetin� of the Plann�r�� Comm.:tssion, P�Iay 24, 1965 sti im�rc�vement, to 'pe presented a� th� next re�ular meeting for a s�cond hea.ring. ---_ ._ AYES: Cor�m Frolich., Johnson, Traeumer, Gates NAY�;S: None ABSENT: Comm. Hirsr�on Motion carried, �+-0 9 -TM-65 G. CPM DEVELOPERS: Application for Tentative Map, 5 acres at east end of Riverside Drive, ad�oining Deep Cliffe Golf Course (De Anza Verdes). First Hearing. Chairman Gates recapped the meeting minutes of March 8, which was the last time Commiss:Lon toolc action on this property. At this time, the applicant came in for a Variance for single-fam:tly cluster, without increasing density. Clustering according to a development plan was granted at that time. This application is now clearly a major departure from that development plan. Is that property now zoned R-1? The Planning Director said this is noti�a �oned R-1, The present application, if granted, would r.evoke the Var:iance application. Applicant wants to keep variance � open for some time Chairman Gates asked whether we should revoke the Variance - has the developer kept the same building envelope on the outside? Mr. George Somps, representing CPM Developers, presented a development plan in add�ition to the revised Tentative Map, and requested that they kvuld want the same variance as previously in order to be permitted to use the same type of plan, The subdivision has been changed only in lots 9, l�, 15 16, 17, and the number of dwel- ling units has been decreased from 20 to 17. The City Attorney commented that this Variance was created on Tiarch 8th - now the developer wants another variance as a part of the revised Tenta�ive Map. Does he need another variance for R-1 zoning`? Is this or is it not a ma,�or change? If he has complied substantially with the previous variance, tr.e onl.y problem is the Tentative Map which he is submitting to us. Is there a requirement that there be a public hearin� on the map? Comm� Frolich asked if a 37' street required a Variance or an exception, or if it could be done at all. There was considerable discussion whether the exceptions - from normal R-1 standards in the now presented develop- � � ment plan should be considered granted by the previous -13- PC-R� Minutes of ��z�e Re�ular Neetin� of the Planning Com.m.ission, May 2�-, l l 0'S - ------------------------------------------------------------------------- f - _� _ Variance, or if a new appl:�cat�on would be r. equired. �,.,�,..,,,�,,� Minute Order: By motion of Chairnlan Gates, seconded �y Cor:r.�. rrolicn. �t17at applicant file tl�e develop:�lent plan we have on the ` board, wi.th ap�yication for a Variance, which will be heard at the next regular r�:eetin�, to�ether with a continuation of the `I'entat� ve Map applicat�.on. AYESo Comm. Frolieh, �Jonnson, Gates NAYESe None A�3STAINED: Cor,im. Tr�uemer ABSENT: Comm. Hirshon Motion carried, 3-0 The City Attorney added that the only way you can get 37' street widths is by �-/5 vote of the City Council, applying Section l� (Exceptions) of the Subdivision Ordinance.. The developer should file an application with the Planni.rig Cominission, and in the transmittal letter dpply the exception clause for a 37' street. VII UNFINISHED BUSINESS There was none. VIII NEW BUSINESS: � 3-U-6�- A. MOBIL OIL CO.: Extension of Use Permit 3-U-64, - for a Service Sta�ion at the southeast corner of �t�vens Cree'_i Blvd. and Stell,ng Roa�. Mr. T�1 1'cer H. Cooley, 502 Be�n�.Y��.o, Sunnyvale, Area - Sales Mana�er for Mobil Oil, representec� the applicant, � Mobil Oil Co., and reques�,ed an extension of 60 days �fter tl�e t'�inal expira.tion da�e of June 5, 1J� - ' Moved by" Comm, Trauemer, second.ed by Comm. Johnson, that the public hearings be elosed, � Mo�ion carried �-0 � Moved by Cornm. Trauemer, seconded by Cor��m. Johnson that � elitension o�' Use Permit 3-U-6�- be given until Augusz 5. Approved by the follow3ng roll call vote: AYES: Cornm. Frolich, Johr�son; Trauemer, Gates NAYES: None ; � ABSENZ': Comm. Hirsho� _ Motion carried,. ��'�-�: -1�-- . ._.. � , PC-R; ginutes oi' zi�e Re�,ular i�ieetin�; of the Plann�_n� Cor,unission, _ ��,� 2 �,_ J -� ; � F � � � � .� �. � � � .� � � � � _ � _. � � _ � .� ._ � _' .� �. �. _. _ � ._ ,.. � �. .� � . _ `� � _ � � _ .� _ _ _ _. � .. _ � � _ � � � _ _ _ _ � .. � � _ � � � IX ADJOUR�?T���T•ST l��iovec by C� �'i:��i1 G_ i,es, secondeci by Cor.�?��. Trauer,ier, i;o �c journ ����.e ::�e,��_..nV c_� 1�e55 p.r.�. �.PPROVED e /s/ Jac': Ga.�;es Chairr:an P�TTE� ,T: � ��� , ���:� �ti� D�rector oi Plannin� -15- �