PC 03-13-67 � 10300 Torre Ave., Cupertino, Calif,, 9501� Phone 252-�505
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PC-5 80,000.�
C I T Y 0 F C U P E R T I N 0
California
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
March 13, 1967 8:0o P.M.
Held in the Council Chambers, City Hall, 10300 Torre Avenue,
Cupertino, California
I SALUTE TO THE FLAG
II ROLL CALL
Comm, present; Bryson, Buthenuth, Frolich, Horgan, Hirshon
Comm. absent: None
Staff present; City Attorney, Sam Anderson
Director of Public Works, Frank Finney
Director of Planning, Adde Laurin
City Engineer, Bob Shook
Assistant Planner, Jim Nuzum
Recording secretary, L,ois Inwards
III MINUTES OF PREVIOUS MEETING, FEBRUARY 27 1967
Page 8, fourth paragraph; Comm. Frolich would like the
first sentence of that paragraph stricken from the record
since he does not recall making tha.t statement.
Page 10, third paragraph; C,omm. Frolich added the follow-
ing to the end of the paragraph: "A copy of these
Minutes should be sent to Stoneson and the staff should
try to get their reaction to this application."
Moved by comm. Buthenuth, seconded by comm. Frolich, to
approve the Minutes of February 27 1g67 as corrected.
Motion carried, 5-0
IV ANNOUNCEMENT OF POSTPONEMENTS, etc.
A. The Planning Director said that it was previously
suggested that the Hearing on Ordinance 220(i) be
postponed and set for a study session. Copies of
the draft of this prdinance could be sent out to
interested parties prior to this study session.
The date for the Hearing will be set at the close
of this meeting.
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B. The Director said there have been no new applications
during the last two weeks. This will give the Com-
mission a chance to tackle some other problems. �
C. The City Council has returned the new Sign Ordinance
with some suggested changes, which would not require
renewed Public Hearings by the Planning Commission.
Comm. Frolich requested some background information
on the suggested changes. The Director will send out
a memo to this effect.
Comm. Frolich commented that some changes were made
to the Sign prdinance at the planning Commission
meeting of January 23rd which were not incorporated
into the f inal version sent to the city Council;
e.g., Vacant Lot Signs, under Section 6.1 a.
V WRITTEN COMMUNICATIONS
A. Regional Exchange (conservation newsletter),
B. Letter from the city Manager in regard to the De Anza
luncheon and tour reservations for March 23 Zg67
C. Santa Clara County planning Department's information
and commentary on a revised list of industrial parks
(one copy only; more copies may be acquired for
interested Commissioners).
D. "Hot Line" from the Builders' Association.
VI VERBAL COMMUNICATIONS
There were none.
VII HEARINGS SCHEDULED:
1-u-67 A. CROCKER'S MOBIL SERVICE: Use permit to conduct trailer
rentals as part of Service Station operations at �
corner of Homestead Road and Saratoga-Sunnyvale Road.
Second Hearing.
Mr. Dwight L. Crocker stated that he has been in the
service station business in Cupertino for four years and
during that time he has seen a lot of dealers come and
go. He said he could make a living by just the dispensing
of gas and oil, but the trailer rentals have been of great
help in these times of inflation. He sees no reason why
he should direct customers to trailer rentals outside
the City of cupertino.
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The Planning Director said �ha.t, on one hand, there is
a definite need for this �ort of service in Cupertino
but, on the other hand, t�h�s use is hard to control.' He
suggested that perhaps �his could be considered in a
future Thorofare Commercial (CT) Zone,
Comm. Frolich said he has some sympathy for a use of�
this sort in some areas of �he City, but in the absence
of some zoning symbol or som� way of controlling it,
problems can arise. If we do approve this use, it opens
the door in a number of locations. He does not see how
one application could be ap�raved and not another.
Also, space set aside at't�e service stations for this
use would effectively reduce the portion of the property
available-for the service station itself.
Comm. Bryson is all for letting the service stations
try this out, but the types of trailers should be re-
stricted to the non-sleeping'type. He said you can
rent them at almost'any se�vice station in Sunnyvale
and San Jose and he sees no reason for not being able
to do so in Cupertino.
Comm. Frolich said Cupertino s�r'vice station standards
are different than those of our ne�ghboring cities.
You do not see displays of beach balls, fertilizer, etc.,
at Cupertino service stations. He does not feel it is
within the City's �pur�iew to ge� �nvolved in the economics
' or competitive aspects of service s'tations.
Comm. Frolich asked how the question of the Use Permit
got into the discussion. The City Attorney said the
answer here seems to be a b�and new Use Permit which
includes trailer rental. A Use �ermit does not create
a property right, as Zoning•does.
Mr. George Wilder, Manager of this service station,
said the A-1 Rental Servi.ce is strictly a local rental
service. The equipment cannot be taken out of town.
He said we have a lot of transients here who require
the use of trailers. He said he can make a living
without the trailer service,'but the trailer service
mal�es it much more worth while.
Moved by Comm. Bryson, seconded by �Comm. Horgan, to
close the Public Hearings.
• Motion carried, 5_-0
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Moved by Comm. Bryson, seconded by Comm. Buthenuth, to
approve application 1-U-67 for luggage and f reight type
trailer rental (no campers or sleeping-type trailers).
Comm. Buthenuth would like to add a condition as to a
time limit. Comm. Bryson would also like to restrict
the number of trailers on one lot.
Motion amended by Comm. Buthenuth, seconded by Comm.
Bryson, to Set a one-year time limit on the trailer
rental service.
AYES: Comm. $ryson, Buthenuth, Hirshon
NAYS : Comm. Frol�.ch, Horgan
Amendment carried, 3-2
Vote on the motion:
AYES: Comm. Bryson, Buthenuth
NAYS : Comm. Frolich, Horgan, Hirshon
Mption failed, 2-3
The applicant was advised of his right of appeal to the
City Council.
�-U- B. ESTATES MOBIL SERVICE: Use permit to conduct trailer
rentals as part of service station operations at SW
corner of S�evens Creek Blvd, and Wolfe Road.
First Hearing continued.
Mr. J. P. William�, of Estates Mobil Service Station, said
that people living behind his service station use the
trailers constantly, and there is a definite need for this
service. He again stated that the trailers are available,
free-of-charge, to churches and civic groups.
Comm. Frolich stated (in case the City Council would
reverse the Commiss�.on's decision) that his reason for
a"no" vote on the previous application's amendment to
the motion is this; "If the City believes this is a
proper l�usiness at Cupertino service stations, the time
limit should not be imposed; this use either is or is not
a proper business at Cupertino service stations, and
should not be on a trial basis."
Moved by Comm. Buthenuth, seconded by Comm. Bryson, to
close the Public Hearings.
Motion carried, 5-0
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Moved by Comm. Horgan, seconded by Comm. Frolich, to
deny application �-U-67.
AYES: Comm. Frolich, Horgan, Hirshon
NAYS: Comm. Bryson, Buthenuth
Motion carried, 3-2
5-U-67 C. ROBERT V. WILLMES: Use Permit for operation of a
Billiard Parlor at 19655 Stevens Creek Blvd. in
Portal P1aza Shopping Center. First Hearing.
Mr. Robert Willmes, 19655 Stevens Creek Blvd., said he
would like to put in a Victorian-type atmosphere with
Tiffany lamps, carpeting, etc., in this �000 sq. ft.
building, which would cater to adults,
The Assistant Planner said there are some people pro-
testing this application on the strength that it is
too close to De Anza College, but it is separated by
a ma�or thorofare, and there already is a billiard
parlor in Monta vista, so it is not believed that this
is a valid argument.
Mr. Willmes plans to employ a member of the Santa Clara
County Sheriff's Off ice. There will be vending machines
serving coke, coffee, hot chocolate, etc.; no alcoholic
beverages. There will be a ruling that people must be
sixteen years or older unless accompanied by a partici-
pating parent.
Mr. Ba.nder, 21800 San Fernando, Monta Vista, could see
no reason why this application is not approved. He
noted that adults have ver� little in the way of re-
creation facilities in this area.
Mrs. A. Gilmore, 10521 Madera Drive, Cupertino, said
she has seen the plans for this billiard parlor and
feels it will be good for Cupertino. She added that
the restaurant is also very good.
Moved by Comm. Horgan, seconded by Comm. Bryson, to
close the Public Hearings.
AYES : Comm. Bryson, Buthenuth, Frolich, Horgan
NAYS: Chairman Hirshon
Motion carried, �-1
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Comm. Frolich asked the City Attorney if it would be
proper to condition the Use Permit to prohibit liquor
sales on the premises, The City Attorney said that it
would be in order. The applicant added that his lease
speci�fically states; "no liquor".
Chairman Hirshon asked whether the Commission wished to
impose a time limit here. Comm. Frolich did not think
it would be appropriate, considering the investment in-
volved here.
Chairman Hirshon seriously questioned whether this is
a proper use at this particular location. Comm. Buthenuth
stated that the stigma attached to billiard parlors in
the last generation no longer holds true. This has
become a socially acceptable pastime in recent years.
Mr. Willmes said it made him very nervous vuhen the Com-
mission started talking about placing a time limit on
this Use Permit because, while most businesses of this
type cost around �20,000 to get set up, he plans to
invest about �45,000. He won't sign a long-term lease
with a time limitation placed on it.
Moved by Comm. Frolich, seconded by Comm. Horgan, to
approve application 5-U-67 with the condition that no
alcoholic beverages are to be served or sold on the
premises.
AYES : Comm, Bryson, Buthenuth, Frolich, Horgan
NAYS: Chairman Hirshon
Motion carried, �-1
1-v-67 D. MANLY E. JOHNSON: Variance to permit 36 " fence on
top of 16" retaining wall; 106�1 Glenview Avenue.
First Hearing.
Mr. Manly E. Johnson, 106�41 Glenview Avenue, Cupertino,
submitted a letter and some pictures showing the situa-
tion here.
The Assistant Planner said this is a problem of a set-
back on the corner. We have a 12' restriction on corners
to preserve visibility. Some neighboring cities have a
25' triangle at the corners and allow 6' fences beyond
that point. The fence in question is set back about �7'
and is only �42' high so, in this case, it would not
impair visibility. It will not restrict the neighbors'
visibility because the two houses back up to one another.
This fence is a safety measure to keep the trikes, wagons
and children from rolling off the retaining wall.
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Comm. Frolich said he drove over to look at the situation
earlier and feels the 3' wall would restrict the view
severely onto East Estates Drive. He asked if this would
be a chain link fence. Mr. Johnson said that it would.
Chairman Hirshon asked for comments from the audience.
There were none.
Comm. Frolich suggested closing the First Hearing to
enable the rest of the Commissioners to go there and see
how far they can see to make a left turn onto Ea.st �states.
Moved by Comm. Bryson, seconded by Comm. Horgan, to
close the Public Hearings.
AYES: Comm. Bryson, Horgan
NAYS: Comm. Buthenuth, Frolich, Hirshon
Motion failed, 2-3
Moved by Comm. Frolich, seconded by Comm. Bryson, to
close the First Hearing.
AYES: Comm. Buthenuth, Frolich, Hirshon
NAYS: Comm. Bryson, Horgan
Motion carried, 3-2
2-V-67 E. OAK KNOLL COMPANY: Variance to reduce required'
rear yard setback from 20 feet to 15 feet;
10427 Vista Knol1 Road. First Hearing.
Mr. Da.ve Franklin, of Franklin-Bahl Developers, stated
that on this 13, 000 sq, ft. lot (No. 5�4 ) they will
infringe by about 5' onto the easement. Because the
lot is so large, he is hoping the Variance will be
granted. This particular house ha.s been sold and he
can't interest the buyers in another lot. They are -
going to have a tile roof on the house. The lot is
125' x 105', and a P. G. 8c E. easement runs along one
side. They can't build on the easement, but they can
en�oy the privacy provided by it and plant on it.
The Assistant Planner said we have an extremely large
lot here which would call for a large home, but because
of the easement, they are forced to crowd the house on
to one side of the lot. He does not feel there will be
any infringement on anyone's privacy.
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Chairman Hirshon asked for comments from the audience.
There were none.
Moved by Comm. Frolich, seconded by Comm. Horgan, to
close the Public Hearings,
Motion carried, 5-0
Moved by Comm. Frolich, seconded by Comm, Horgan, to
approve application 2-V-67 on the grounds that the P.G. & E.
easement has created a hardship.
AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon
NA YS : No ne
Motion carried, 5-0
It was noted that this application will go to the City
Council on March 20th.
2-Z-67 F. YEE ENTERPRISES: Rezoning from R3 to CG, approximately
1.3 acres SW corner of Miller Avenue and Stevens Creek
Blvd. Second Hearing.
Mr. Pat 0'Day stated that he was instrumental in the
redesign of the displayed plot plan. The Planning Direc-
tor added that this new plan is a result of discussions
with the applicant. There would be an entrance from, but
no exit onto Stevens Creek Blvd.; no ingress-egress re-
strictions on Miller Avenue; and entrance only for pas-
senger cars at Craft Drive. The applicant plans to put
the building within 3' (leaving just enough room for a
planter) of the property line; with a 3' high masonry
wall extended from the building. This is strip commercial
zoning; normally, we don't require a development plan but
the Planning Commission can ask for one. The Director
recommended conditions 13 and l� of his March lOth memo.
Condition 15 is standard.
Comm. Buthenuth asked if people normally observe entrance
and exit signs. NIr. p'Da,y said they should obey them as
they obey arterial stop signs, etc.
Chairman Hirshon was concerned about the number of
entrances but only one exit.
Comm. Bryson was concerned about the homes directly
behind the store. In answer to his question, Mr, p'Da,y
said the building will be 25', including the parapet.
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Chairman Hirshon asked about alternate uses for this
property. The Planning Director said it is presently
zoned for apartments, which would be less desirable in
this location. He added that the pattern of strip com-
mercial on Stevens Creek Blvd., east of Stelling Road
is already set; perhaps we can do something better on
the west side of Stelling Road.
Comm. Horgan feels the school would be affected by this
development and was surprised there has been no state-
ment from them.
The Director of public Works said that at one time, the
County Flood Control District set restrictions on this
property. He recommended these restrictions be met.
' Chairman Hirshon is not sold on this particular use for
this property and is not satisfied with the ingress-
egress layout. He wonders whether there is a need for
a supermarket at this location, since there are two
shopping centers with supermarkets in close proximity
to this property.
Comm. Frolich wonders about the 25' high, blank wall
for the people across the street to look at. He sug-
gested the Commission require a development plan and
that the applicant be put on notice that problems noted
in these minutes should be ironed out. He also felt
that a 6' wall does a better �ob of screening the
parking lot than a 3' wall. Comm. Bryson said the
creek side seems like a better location for the back of
the store.
Mr. 0'Day said the back of the building can be archi-
tecturally and tastefully designed. They have exceeded
the required parking ratio. He feels 90 degree parking
is the most feasible.
Moved by Comm. Frolich, seconded by Comm. Bryson, to
close the Public Hearings.
Motion carried, 5-0
Moved by Comm. Frolich, seconded by Comm. Bryson, to
approve application 2-Z-67 with the following conditions:
1-12 Standard conditions
13. Sub�ect to the Santa Clara County Flood Control
requirements.
. 1�. Sub�ect to an acceptable development plan being
submitted to the Planning Commission prior to
issuance of a building permit.
15. Masonry wall on the residential boundary of the
building and southern boundary to be 6' masonry
wall unless another height is specifically recom-
mended by the Architectural and Site Control Com-
mittee.
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AYES: Comm. Bryson, Buthenuth, Frolich
NAYS : Comm. Horgan, Hirshon
Motion carried, 3-2
It was noted this item would come before the City Council
on April 3rd.
Chairman Hirshon called for a recess at 9:55 P.M. The
meeting reconvened at 10:10 P.M.
3-z-67 G. SAICH BROS.: Rezoning from R3-2.7 to Planned Develop-
ment (P) with Planned Industrial Pa.rk (NIP) use;
35 acres east of Southern Pacific railroad, north
of University Avenue, west of Stevens Freeway; and
5 acres west of Mary Avenue, east of Stevens Freeway.
Second Hearing.
Mr. Amos Krausz, 2795 Summit Drive, Hillsborough, reported
that he and his client have had a meeting with the Southern
Pacific Railroad, who indicated they will consider giving
them a 15' easement along Peninsula Avenue if the property
north of University Avenue is zoned for industrial use
and if the developer tries to get a buyer or lessee who
will make use of the SP tracks and perhaps a spur line.
SP will not give an inch if the property stays at the
present zoning, and the access would remain insufficient. ,
With industrial use, the developer will have a good
chance of getting some rail users, and will do their best
to get at least one.
Mr. Krausz asked for approval of the application, subject
to the applicant's gaining proper access to the indus-
trial park. He said SP has an 80' strip, but the tracks
were put in on the street side of the easement, which
leaves only 30' from the track to the street, Had the
tracks been in the center, we could perhaps have gained
a 20' easement. Mr. Krausz feels this 15' will give
sufficient ingress and egress, as it will provide a 55'
right-of-way for Peninsula Avenue. Mr, George Somps is
the Civil Engineer here.
An aerial photograph of the area, a rendering of the pro-
posed industrial park, and a schematic for possible future
traffic flow were placed on the bulletin board. Mr. Krausz
said they intend to use only Peninsula Avenue for ingress ,
and egress, but Lowe Avenue and University Avenue may be
used by fire engines in emergency situations. They will
plant a line of trees as a buffer between the industrial
park and the residential area. At present, they have an
electronics plant that wants to get onto the property
as soon as possible.
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The Planning Director said that he had not ob�ected to
the previously proposed Light Industrial (ML) Zoning as
such, and consequently, does not basically ob�ect to
the now proposed Planned Development (P) Zoning with
Planned Industrial Park (MP) use, which use is more
restrictive. However, the access problem is unsolved,
and is as serious with the area zoned P(MP) as zoned
ML. On the other hand, P zoning requires a Development
Plan and a Use Permit, and thus off ers an opportunity
to solve the access problem between rezoning and grant-
ing of Use Permit .
He continued to say that the risk of deterioration of
the residential area and depreciating property values
is not caused by the land use itself. Whether ML or
P(MP), it does not permit industries that create obnox-
ious smoke or noise, and possibly untidy backyards
would not be visible from the residential area or from
the accesses to that area. What would be destructive
would be the industrial traff ic (trucks and commuters)
on the doorstep of residences. The problem can be
solved. One possibility would be to take the lots along
Peninsular Avenue, offer the owners equivalent lots
north of University Avenue,and move the houses to that
area. The cost would be small compared to the develop-
ment cost for the industrial area. There are other
alternatives. He concluded that these people, whether
absentee owners or residents, whether rich or poor,
whether residents of Cupertino or not, have the right
to be protected from nearby rezoning tha.t depreciates
their property values. This was the original purpose
of introducing zoning laws. On the other hand, they
should not be allowed to make a"killing" at the
expense of the developer. They should not stand in
the way of progress, but they should either be �justly
compensated or be offered an equivalent location.
Some of them may be people of modest means who would
not realize their situation until a work crew starts
to cut down the trees in front of their residences.
The Planning Director feels the five acres on the
other side of the freeway presents an entirely different
situation. He recommended denial of the application
or indefinite postponement until a unified develop-
ment plan for all property between Mary Avenue and
the freeway has been presented. He stated �hat this
area cannot be properly developed piecemeal.
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Comm. Frolich would like the City to contact Stoneson to
see if they ob�ect to MP zoning as well as ML. He would
also like to know to what degree the traffic would affect
the residents on Peninsula Avenue.
The Director of Public WorkS said t�at when the f reeway
route was established, it nearly landlocked this property.
The 15' from SP would allow four lanes on Peninsula
Avenue. Since peak traffic would be going in mornings
and out afternoons, he proposed the street be striped so
three lanes would be going into the industrial park
between, say 7 and 8;30 A.M., and three lanes going out
in the late afternoons. He feels the impact on the
residents in the neighborhood taould be minimized with
proper signalization and stripes.
Comm. Buthenuth asked about the De Anza Local Improvement
District being extended here. The Director of Public
Works said it presently extends west only to the planned
Stevens Freeway. He also stated that the Planning
Director's proposal for taking a row of homes along
Peninsula Avenue and relocating them on University
Avenue would be extremely expensive.
There followed a discussion of traffic volumes created
by the industrial area. The Planning Director stated
that the amount of traffic would depend largely upon
the types of industrial operations and the number of
employees involved, but would normally be several times
that created by an apartment district with the same area.
Planning Consultant Robert v'an Der Toorren, 231 pld Adobe
Road, Los Gatos, representing the Board of Governors of
the Peninsula, Regional Arts Council, wished to register
their protest to any industrial zoning near the De Anza
College. His remarks can be found in Appendix A to
these Minutes.
Mrs. A. Gilmore, 10521 Madera Drive, cupertino, stated
that she represented the people whose homes face the
Saich property.
Moved by Comm. Frolich, seconded by Comm. Buthenuth, to
close the Second Hearing.
AYES: Comm. Bryson, Buthenuth, Frolich, Horgan, Hirshon
NAYS : None
Motion carried, 5-0
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Comm. Horgan agrees that the f ive acres across the
freeway should be separated from this application.
Comm. Frolich disagrees because this Planned Develop-
ment Zoning is proposed, based on utilization of the
entire property. If and when Mary Avenue goes through,
this is a likely place for an industrial park.
Chairman Hirshon feels this area is more suitable to
light industrial, due to the locale, the railroad tracks,
etc. There will be some traffic problems, but they are
not unsurmountable.
Moved by Comm. Bryson, seconded by Comm. Frolich, to
approve application 3-Z-67, sub�ect to the following
conditions;
1-12 Standard conditions
13. Adequate access must be provided, acceptable to
the City in cooperation with the County.
1�. pff-tract traffic signalization and control to
be provided by the developer.
15. Agreement of the developer to �oin a Local
Improvement District when it reaches his property.
AYES: Comm. Bryson, Buthenuth, Frolich, Hirshon
NAYS : Comm. Horgan
Motion carried, �+-1
It was noted this item will come bef ore the City Council
� on April 3rd.
MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm. Frolich,
to combine the Hearin� for applications �-Z-67 and
1-TM-67 since they a pply to the same property.
Motion carried, 5-0
�-Z-67 H. JOHN RODRIGUES, JR.: Rezoning from R3-2.7 to
Light Industrial (MI,), approximately 32 acres,
limited by Stevens Creek Blvd., Stevens Freeway,
M�Clellan Road, Southern Pacif ic Railroad.
Second Hearing.
1-TM-67 I. JOHN RODRIGUES, JR.: Tentative Map, approximately
32 acres, limited by Stevens Creek Blvd., Stevens
Freeway, McClellan Road, Southern Pacif�c Railroad.
Second Hearing.
Mr. John Rodrigues, 20�430 Town Center Lane, Cupertino,
said that he feels, with proper streets, proper signing,
on-site parking, landscaping, etc., that there is a
definite need for this type industrial zoning in
Cupertino.
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The Tentative Map shows a. future connection with Bubb
Road. Mr. Rodrigues read the 1g63 Planning Commission
Resolution No 155 He said they have met with off icials
of De Anza College and they have endorsed this program,
sub�ect to no noise, smokestacks, etc, There will be a
buffered area with no access to Stelling Road.
Mr. Rodrigues has met with Southern Pacific Railroad and
the Public Utilities Commission; the door is open for
further discussions. He is currently negotiating with
the State of california to exchange property with the
State Corporation Yard. He and his partner are looking
for the small testing laboratories, subcontractors to
large electronics firms, etc., that will require large
buildings and not a lot of employees.
Chairman Hirshon asked the Director of public Works if
the street would be adequate. The Director said it would.
The Planning Director said there is a real need for a
light industrial area of this type; there have been many
inquiries. The traffic, in order to reach a freeway,
does not have to go through a residential area. There
is frontage to �tevens Creek Blvd., but no driveway and
no access at all from M�Clellan Road. The Planning
Director stated that Mr. Rodrigues has agreed with the
Planning Department's suggested conditions.
The Director of public Works said the only access within
Cupertino to Stevens Freeway is at Stevens Creek Blvd.
Comm. Frolich brought up again the proposal of a north-
bound on-ramp and southbound off-ramp at McClellan. The
Director of Public Works said this matter has been brought
to the attention of the State Division of Highways. The
Planning Director added that the Division's objection to
the aforementioned ramps is that they would create too
short weaving distances. He was convinced that the
pro�ected diamond interchange will prove to have insuf-
ficient capacity, and hoped that the Division of Highways
would restudy the area.
Upon request of Comm. Buthenuth, the City Attorney
quoted the regulations for an ML zone. Comm. Frolich
noted that many ML uses are bordering commercial uses.
Planning Consultant Robert Van Der Toorren, 231 Old
Adobe Road, Los Gatos, representing the Board of
Governors of the Peninsula, Regional Arts Council,
presented the results of his study of the area. These
statements can be found in Appendix B of these minutes.
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Mr. Tom Traeumer, 2228� De Anza circle, Cupertino, asked
the Planning Commission to take a look at another
. industrial park on Kristish Lane in Campbell, before
making their decision. It is a subcontractor's paradise
because he can find anything there that he needs. It
is a veritable beehive of activity, with trucks coming
and going all day long. But this is not the type of
business Mr. Traeumer envisions for Cupertino.
Mrs. Gerry Lacy, Realtor, 10235 Highway 9, Cupertino,
is very much in favor of this pro�ect. She said her
office receives many inquiries for this type location
for their services. She posed the question• "Isn't
the answer to consolidate them?" �
Mrs. Shields, 22�37 St. Andrews, Cupertino, asked how
they are even going to be able to get down to the Post
Office from her area if this pro�ject is developed,
because the truck traffic is already critical.
Mr. Yobert, of Monta Vista, does not see how we can
propose light industrial here until after the roads
are in.
Mrs. Ann Anger, Monta Vista, spoke out against this
proposal. She envisions noth3.ng but warehouses with
this proposal because if the businesses display their
wares they can go into commercial property. She said
we are the pioneers of �his area. She urged the people
� to develop something we can be proud of. She suggested
a hotel or motel for this property, similar to the
Cabana in Palo Alto, because we need something to ac-
commodate the performers at De Anza auditorium. She
suggested getting in touch with Conrad Hilton.
Comm. Frolich asked if representatives for De Anza
College have made any comments on this. Mr. Rodrigues
said they have completely endorsed this program, sub-
�ect to no smoke stacks, noise, etc. He added that he
is willing to put in the form of deed restrictions
some of the obnoxious uses. Mr. Van Der Toorren ques-
tioned reliance on deed restrictions rather than
zoning. The City Attorney quoted portions of Ordinance
�7A, the Subdivision Ordinance, which state that all
copies of deed restrictions go to Planning Commission
and the Planning Commission reserves the right to
inspect these deed restrictions.
Mr. Trubell, of Monta Vista, said the industrial zoning
in Monta Vista has been increasing steadily since 19�+8
and no improvements have been made. Those improvements
that have been made were done by the residents.
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Mr. Ralph Ramona, of Saratoga, said that many industries
in Stanford Industrial Park have an area of about
10,000 sq, ft., and there is no room to expand. -
In answer to a question from the audience, Mr. Rodrigues
said that he does intend to use the displayed rendering
as a part of his development plan. As to the small lots,
Mr. Rodrigues said that although it is more expensive in
the beginning, it is simpler to start out with small
lots and if it becomes feasible, to combine some of them
later to accommodate the interested company rather than
split the larger lots later.
Mrs. Hart, 22�33 St. Andrews, asked why we aren't filling
up Vallco Park first. Chairman Hirs�on said industries
are coming into Vallco, but it does not mean Vallco will
serve all of cupertino's needs. Mr. Walter Ward, General
Manager of Vallco Park, said Vallco does not cater to
small users. They are designed to handle the 50-60
employee-per-acre type operations.
The Planning Director said that an alignment of Bubb Road
west of the railroad track would be very desirable but
also difficult and expensive because it would go through
already developed property. As long as we do not have
such a road, we must rely on the now proposed alignment
shown in the Tentative Map.
Comm. Frolich asked Mr. Rodrigues at what rate he plans
to develop this parcel. NIr. Rodrigues said that if ap-
proved, he plans to start the second unit of this project
within one year.
Moved by Comm. Bryson, seconded by Comm. Horgan, to
continue the Second Hearing of applications �-Z-67 and
1-TM-67 to the next regular meeting.
AYES: Comm. Bryson, Buthenuth, Horgan, Hirshon
NAYS: Comm. Frolich
Motion carried, 4-1
81,004 J. ORDINANCE 220(i) regulating Light Industrial (MI,)
zones. First Hearing.
Moved by Comm. Buthenuth, seconded by Comm. Frolich,
to postpone the First Hearing of prdinance 220(i) until
the next regular meeting.
Motion carried, 5-0
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VIII UNFINISHED BUSINESS
_ A. Item 10 of Comm. Horgan's memorandum.
Moved by Comm. Buthenuth, seconded by Comm. Horgan,
to continue Item 10 to the next regular meeting.
Motion carried, 5-0
IX NEW BUSINESS
There was none.
X ADJOURNMENT
Moved by Comm. Buthenuth, seconded by Comm. Bryson,
to ad�ourn the meeting at 12:35 A.M.
Motion carried, 5-0
APP
�
s Jack Hirshon
a rman
ATTEST:
�," _
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A PPENDIX A
� 3-z-67 G. SAICH BROS.: Rezoning from R3-2•7 to Planned
Development ( P) with planned Industrial Park
(MP) use; 35 acres east of Southern Pacific
Railroad, north of University Avenue, west of
Stevens Freeway; and 5 acres west of Mary Avenue,
east of Stevens Freeway. Second Hearing.
Planning Consultant Robert van der Toorren, 231 pld
Adobe Road, I,os Ga.tos, representing the Board of Gover-
nors of the Peninsula, Regional Arts council, wished
to register their protest to any industrial zoning
near the De Anza College. He asked the Planning Com-
mission to determine whether this rezoning would be in
the public interest prior to talking of exercising
eminent domain proceedings along Peninsula Avenue.
Mr, van der Toorren said he is extremely concerned with
the amount of traffic that will converge on the int�r-
section of Stevens Creek Blvd. and Peninsula Avenue -
Bubb Road. He noted that if there is to be any type
of warehousing or bulk storage here, it would mean a
continuous stream of large trucks and truck-trailer
outfits.
Mr. van der Toorren advised that the five-acre parcel
on the other side of the f reeway should be completely
divorced from this application, as the zoning woul.d be
in conflict with the principles of the General Plan.
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PC-5 Minutes of the 3/13�67 planning Commission �eeting
APPENDIX B
�-z-67 H. JOHN RODRIGUES, JR.: Rezoning from R3-2.7 to
Light Industrial (ML), approximately 32 acres,
limited by Stevens Creek Blvd., Stevens Freeway,
M�Clellan Road, Southern Pacific Railroad.
Second Hearing.
�� and ��
1-TM-67 I. JOHN RODRIGUES, JR.: Tentative Map, approximately
32 acres, limited by Stevens Creek Blvd., Stevens
Freeway, Mcclellan Road, Southern pacific Railroad,
Second Hearing.
Planning Consultant Robert van der Toorren, 231 pld
Adobe Road, I,os Gatos, representing the Board of
Governors of the Peninsula, Regional Arts Council,
stated as follows;
1. This application is probably one of the most important to be
made in this area. It is the second attempt to implement
the General Plan as to industrial urban renewal in Monta Vista,
which was laid down in a very regrettable manner in Item 5
of the Proposals of the General plan.
2. This is an almost isolated piece of land with access only to
Stevens creek Blvd. This is a disadvantage which could be
turned into an advantage.
3. The development plan shows small lots. Small lots invite
small industries, and small industries are too often synony-
mous with low capitalization. As a further example of the
difficulties of small lots; I.,arge trucks would have diffi-
culty in negotiating turns with too little maneuvering
space (a �+5' truck requires 96' minimum turn space, and
docking space is 102').
Points 1 and 2 were quoted from the F'ebruary 23rd letter to
the Cupertino Planning Director f rom Warren Mccord, Associate
Planner, County of Santa clara; 1) The lot design and size
needs further study. The odd shaped lots make building place-
ment difficult, and the lack of variety in size and the small
size raises questions of the quality of anticipated develop-
ment. 2) Some investigation should be made on the possi-
bility of extending Bubb Road along the west side of the
railroad to Stevens creek Road. This would eliminate the
railroad crossing and improve lot design considerably.
�+. The seclusion of this property should not be tampered with.
The solution to the extension of Bubb Road should be found
outside the property.
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APPENDIX B (continued)
. 5• The use permitted under the Light Industrial regulations of
the antiquated County prdinance are enormously high traffic
generators. The proposed development of �3 lots (32 acres)
would generate at least 5000 trips per day, if the occupants
were to be a financial success.
6. If we have to bring Bubb Road through, why not bring it
further away from the Southern Pacific Railroad tracks?
�9�/Eivvr� 3 /a ���7
Mr. van der Toorren feels a very detailed study should be made of
signalization of the several intersections in Stevens Creek Blvd,,
�p-+ lo � Q�+Yi /�/" KA'�'J Y' ��'/ /$ /}�� �.Y� � �¢ �uvfa 1�`7�,1� ��� �i/�i �n.p� ; tV.V/CX '`�iG.vT Sko�.O TiY9%
/�.Po/�.Q S'i6ivqLi���io.� Fo.0 7iYE TsTin79li'p /.eA/"�ic iS in7F�oss��l _f� ,',,�, dA•�/dE2 %e.eviv TA'Fiv O�E'Qc=�/ Ti�i=
foNowiN4 /�ess�.ra[E 72�N'IFOiA� S�C-�c:r� o..�t-:
1. The lot size should be increased.
2. Try to decrease traffic by less traffic-generating uses than
ML.
3. Endeavor to locate Bubb Road west of the railroad; if this
cannot be done, then deadend M�Clellan Road.
�. Suggest the City council adopt an emergency ordinance tailored
for this location and use, which would create a new Zoning
Classif ication called;
IPL (INDUSTRIAL PARK, LIMITED)
Reference : Page �8
Application The application would be the same, but the intent
would read something like the following:
Intent
The IPL District is intended to provide exclusively for non-
nuisance uses compatible with close proximity to the De Anza
Junior College and Residential Development.
Architectural and Site Approval Refer to Article 51.
Uses permitted
1. Showrooms for wholesalers.
2. Laboratories
3. Research
�. Motion picture studios
5. Musical instrument manufacture, repair
6. Instrument manufacture
7. Electronic components
8. Upholstering
9. Printing, Publishing
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APPENDIX B (continued)
Uses permitted �continued):
10. Optical industries
11. Testing laboratories
12. Automobile service stations
13. Repair shop - wholly enclosed
1�. Boat storage, repair and sales
15. Wholesaling - carpets, drapes, paint
16. Small woodworking operation
17. Glass and glazing
18. Contractors - with controlled yard activities
1 9• Toys and games
20. Plastics
21. Cold storage plant
22. Repair of business machines
23. Sporting and athletic goods - wholesale
and such other uses as shall be deemed non-objectionable by
the Planning Commission and in the interest of the people.
Development standards
Height: 35 feet maximum
Lot area: 12 acre minimum
Lot width; 150 feet minimum
Lot coverage: not more than 30� '
Front yard: �0 feet minimum
Side yard: 20 feet each side, or
none on one side and 28 feet on the other
Rear yard: 25 feet minimum
Parking; to be established by the Planning Commis-
sion in each case
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