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PC 03-27-67 � ' 10300 Torre Avenue, Cupertino, Calif., 9501� phone: 252-�505 ---------------------------------------------------------------- PC-6 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 27, 1967 8; 00 P. M. Held in the Council Chambers, city Hall, 10300 Torre Ave., Cupertino I SALUTE TO THE FLAG II ROLL CALL Comm. present; Bryson, Frolich, Horgan, Buthenuth Comm. absent: Chairman Hirshon Vice-Chairman Buthenuth explained that chairman Hirshon was out of town on business Staff present; City Attorney, Sam Anderson Director of Planning, pdde Laurin Director of Public Works, Frank Finney Assistant planner, Jim Nuzum Chief Building Inspector, Bill Benevich Recording Secretary, L,ois Inwards The Director of Public Works briefed the Commissioners on the use of the new microphones. III MINUTES OF PREVIOUS MEETING, March 13, 1967 Chairman Buthenuth read consultant van der Toorren's correction to Appendix B of the Minutes of March 13 1966 page 20, the paragraph following Item 6, should read as follows: "Mr. van der Toorren feels a very detailed study should be made of the signalization of the several intersections at Stevens creek Blvd., which might show that proper signalization for the estimated traffic is impossible. Mr. van der Toorren then offered the fol- lowing possible remedial suggestions: " Moved by Comm. Bryson, seconded by comm. Frolich, to approve the Minutes of March 13, 1967, as amended. Motion carried, �-0 -1- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- IV ANNOUNCEMENT OF POSTPONEMENTS, etc. There were none. V WRITTEN COMMUNICATIONS A. 'I'tivo letters regarding application �-Z-67, which will be introduced under Items B and C. VI VERBAL COMMUNICATIONS There were none. VII HEARINGS SCHEDULED: 1-V- A. MANLY E. JOHNSON: Variance to permit 36" fence on top of 16" retaining wall. 106�1 Glenview Avenue. Second Hearing. Mr. Manley E. Johnson stated there was some concern at the First Hearing on the part of Comm. Frolich as to the visi- bility being impaired by the proposed fence. He said that since that meeting, he did some measuring and found the visibility at the stop sign is 210'; at the crosswalk it is 250'. According to the Sheriff's pffice, �5 MPH needs a stopping distance of 157' and 35 MPH needs a stopping distance of 138'. The speed limit here is 25 MPH. Visibility is restricted to 150' at the next corner. As to aesthetics, Mr. Johnson said he would be more than happy to comply with any requests of the Commissioners or the staff. Comm. Frolich said he has looked at the situation again, and asked if the applicant has now cut off the posts to the intended height. Mr. Johnson said he has. The Assistant Planner said the staff checked the location and noted the visibility would be reduced f rom 197' to 150' with the fence. If a car was proceeding at 35 MPH, it wduld take slightly less than �+ seconds to stop with 197' visibility and less than 3 seconds with the fence. He does not f eel the one extra second is significant. Vice-Chairman Buthenuth said he checked the property and feels the fence will be a great improvement to the present landscaping. -2- PC-6 Minutes of the 3/27/67 planning Commission Meeting ---------^------------------------------------�------------------ Moved by Comm. Bryson, seconded by Comm. Horgan, to close the Public Hearings. � Motion carried, �-0 Moved by Comm. Bryson, seconded by Comm. Frolich, to ap- prove application 1-V-67. Comm. Frolich, bef ore voting on the motion, asked the other commissioners how they felt about the applicant's willingness to put something other than a chain-link fence along here. The other commissioners had no com- ments, so the matter was dropped. AYES: Comm. Bryson, Frolich, Horgan, Buthenuth NAYS : None ABSENT: Chairman Hirshon Motion carried, �-0 The applicant was informed this application would go to the City Council on April 3rd. �-Z-67 B. JOHN RODRIGUES, JR.: Rezoning f rom R3-2.7 to Light Industrial (ML), approx. 32 acres limited by Stevens Creek Blvd., Stevens Freeway, M�Clellan Road, Southern Pacific Railroad. Second Hearing continued. ��� and ��� 1-TM-67 C. JOHN RODRIGUES, JR.: Tentative Map, approx. 32 acres limited by Stevens Creek Blvd., Stevens Freeway, McClellan Road, Southern Pacific Railroad. Second Hearing continued. Since the above two applications concern the same pro- perty, it was decided to combine them, as was done at the previous Hearing. Consultant Robert van der Toorren, 231 Old Adobe Road, Los Gatos, representing the Board of Governors of the Peninsula Regional Arts Council, rose to a point of order regarding whether Mr. Rodrigues acted as the representative of the property owner. Mr. Rodrigues said there has been some conversation about the trucking operation that is presently on the property, which has been given 6 months' notice to vacate. He said his office has also turned down an inquiry from a tire shop for a location in this industrial park because this is not the type of business that is planned for the park. -3- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- The City Attorney quoted f rom our Zoning Ordinance for Light Industrial Use, stating the applicant and Planning Commission shall agree upon proper uses of the property. . He added that, if the ML zoning is granted, there should be some conditions or agreements whereby the specific uses shall be brought before the Planning Commission to see if they conform to this Ordinance, prior to issuance of the building permits. The Planning Director introduced two letters in regard to this application; one in favor and one against. In addition, he said there have been several letters of a technical nature which will be taken care of under the 12 standard conditions. The big problem here is the rail- road crossing. He said this cannot be resolved now, and he has suggested a condition that approval of the Final Map is contingent upon a satisfactory solution to the railroad crossing, or alternatively, that the Tentative Map be approved for Unit 1 only. A long series of condi- tions have been suggested to safeguard the quality of the development. The Planning Director said this is a relatively problem- free area, separated from the College by a f reeway and from residential property by the railroad tracks and an existing industrial operation, Traffic to and from the development does not pass through any residential area. Although the staff has made it a point to thoroughly in- form the De Anza College authorities about this proposal, there have been no ob�ections from them, Comm. Bryson requested further exploration of the rail- road crossing. The Director of public Works said there is one, slow-moving train per day in each direction. In discussions with the Public �Ttilities Commission, it was brought out that they did not think there was that much validity to an objection to the requested crossing, This problem, however, will have to be resolved. This will take time, but Unit 2 is not immediately due for development. The City Attorney said, in regard to the zoning approach, that Southern Pacific Company has filed an extensive brief with the City in support of their position that the city cannot rezone railroad property because such zoning would constitute an interference with Inter-State Commerce. Southern Pacific says residential dwellings have no place along a railroad right-of-ways The city Attorney sug- gested that perhaps Southern Pacific is not opposed to the proposed use, but merely to the crossing. Vice-Chairman Buthenuth asked for comments f rom the audience. -�- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- Mr. Robert Laws, 916 providence Court, said he lives �ust off Bubb Road. He is concerned about the close proximity , in which the railroad, Stevens Creek Blvd., the access road to the Saich industrial property, the freeway exit and this proposed Bubb Road extension will be located. The traffic generated by the College must also be con- sidered. Bubb Road and McClellan Road serve several schools and residential areas; they are not expressways. He suggested small businesses with small capital will turn into "�unk yards". He that larger busi- nesses don't necessarily mean more traffic. He asked whether this proposal can produce the aesthetics we want around the College. xis recommendations were as follows; Minimum lot size of one acre, which would � lragically attract larger businesses with larger capital; widen Bubb Road to 90'; establish architectural and site standards now before the problems arise; investigate a different entrance onto Stevens Creek Blvd. Mr. van der Toorren, in addition to what he brought up at the last meeting, would like to focus the Commissioners' attention on the intersection of ,Stevens Freeway and Stevens �reek Blvd. At the present time, this is a diamond interchange, not a cloverleaf. The State did not base their recommendations on the concept of the master plan pro�ected to the 1990's. He has come to the same conclusion as the previous speaker. Mr. van der Toorren would like to know the reasons for the insistence of the City of Cupertino at the time the freeway plans were being formulated, that there be a diamond interchange instead of a cloverleaf. He said that, at this time, we have a sub-standard condition in the diamond inter- change. We are proposing here to increase the traffic generation within 500' of this interchange and create a very complicated interchange. He appealed to the Com- mission to look at the facts and take note of the opinions of the experts. If the traffic is critical when the industrial park is only half filled,.what will happen if no more businesses of the quality suggested by Mr. Rodrigues want to go in there? I,ogically, the land owner could then come in and ask for relaxation on some of the restrictive conditions and plead hardship. Mr. van der Toorren said nothing should be developed here that might, in the future, be detrimental to the surrounding residential area. He charged that adequate compensation was given by the State when the freeway property was purchased. He said the College does not ob�ect to a"nice" industrial park; but what happens when we create a hardship case here? He said we should try to get Bubb Road extended on the other side of the railroad tracks, as was suggested by the County. -5- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ---------------------------------------�_�_�____----------------- The Director of Public Works then reviewed the lane widths. A 90' street, leaving 10' on either �ide for sidewalks, etc., leaves 70' of roadway with f our moving and two park- , ing lanes. Here, we have two 15� outside lanes and two 11' inside lanes, one center left�turn land, and areas for parking and stopping provided on the lots, The City Attorney said the State madE the decisions on the interchanges; Cupertino has always been in favor of cloverleafs. The State's decision was f or. a diamond interchange here, with the provi.so that they would go to cloverleaf when and if necessarye Mr. van der Toorren said he spoke with Mr, Jess Black :in San Francisco, who indicated to him that, after the tremendous pressure from Cupertino, they decided to put the diamond interchange here. Both the City Attorney dnd the Director of Public Works insisted that the diamond was not the City of Cupertino's idea: The planning Director said that traffic generated by residential zones only would require an interchange with two loops, of the same type as the one at Wolfe Road. He then reviewed the Tentative Map on the bulletin board, incorporating the conditions recommended by the Planning Department, Mr. van der Toorren agreed with the Planning Director on the proposed conditions, but charged that other factors will enter, to the detriment of the character of the area: change of ownership, time, hard�hip, change of Planning Commissioners. He submitted tha,t somewhere, somehow, we must discharge the traffic onta Stevens Creek Blvd, The main concern is how much traf.fi�c We can pump through when we get to Stevens Creek :B1vd� The railroad, the freeway, the traffic from the i.nclustrial development north of Stevens Creek Blvd a11. must be considered The presented solution is no sol.ut:ion at all; five or ten years from now this will be a bvttleneck for traffic, Mr. van der Toorren feels the lots should be larger. A 65 ' truck cannot maneuver on the proposed size lots, He asked that they combine two or three lots, which will tend to reduce traffic generation, (Referenceo Appendix B of the Minutes of March 13, 1967) He feels McClellan Road should be realigned and brought down to the present cul de sac. Mr. Rodrigues said the State now owns the red section on the Tentative Map, and pref ers the proposed location of the intersection back, away from the f reeway interchange. The Director of public Works pointed out that Alhambra Ave. �ill not go through to Stevens creek Blvd, He said we have not eliminated the problem, but have minimized it. He agreed that the diamond interchange wi11 def initely be a problem. -6- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ---------------------------------------�------------------------- Mr. van der Toorren said he could f ind no traffic pro- �ection for this area. The Planning Director said that it is necessary to make such a p.ro�ection, but it is a ma�or �ob and will take time, particularly since we do not have basic data on land use yet. Mr. van der Toorren offered his professional services to help solve this very real problem. He said the character of residential traf- fic is quite different from that of light industrial traffic. He said there are now 15,000 to 23,000 cars along Stevens Creek Blvd., and the College is not yet in operation. Comm. Frolich said that the present residential zoning would provide a lot more cars than the proposed industrial R��'.�vt� zoning. �� �¢�r� �difa'i��i ��� tz'1a'� h5,�,�1� izr�'�"#?"�,� X1r�a��7a� f��,�b7 ��'� �5�� �'9`��� �� }�� � �f�� vo�!� ���,a`�a� � d�f�rr�. xe also said the County Planning Department has suggested location of Bubb Road west of the railroad tracks; per- haps we might need both accesses. He is also concerned about the lot width in relation to the trucks going in here. He asked if shallower, wider lots and a wider road and one or two less lots on the entire development might not be the answer, Mr. Tom Traeumer, 2228� De Anza Circle, Cupertino, is trying to get Dr. DeHart, of De Anza College, to ac- company him to see what type of development this zoning creates. He referred to Kristish Lane in Campbell. He suggested another requirement might be a wall pro- tecting the College f rom this property with specified landscaping. He f eels there is other property in the City than that ad�acent to the College which could be developed for ML. Vice-Chairman Buthenuth asked what the freeway profile will be here. The Planning liir°ector said it will go under Stevens Creek Blvd. ar�d be elevated at McClellan Road . Mrs. Ann Anger, Monta Vista, said she cannot give tech- nical advice. She reminded the Commission and those Councilmen present in the audience of the Resolution sent to the County Board of Supervisors and County Planning commission in June, 1g66 during the battle of the proposed service station at McClellan and Stelling, which Resolution states that the City of Cupertino wants to keep the area around the College residential. She gave figures of assessed valuation in neighboring cities, illustrating her point that a bedroom community does not necessarily constitute a community with high taxes . S'.�fL s.�.e s-s�2 rf-vv �vo „ul�vs�-2,•v� z ��-,v� .9• f)�'/F,��)ED � ivo r i a �i9�E -v,..�r. �f� �i'6� -7- pc-6 Minutes of the 3/27/67 Planning Commission Meeting Mr. Dan Hutlinger, a Campbell realtor, �sked if the pro- posed conditions would prohibit ra�lway loading and un- loading. The planning Director s�i.d that �uch use would , be permitted, but the proposed condition�, would require that the loading area be screened from the street by an office building or a wall iri the front of the lot, Mr. Louis Stocklmeir, Sr,, 22120 Steveris Creek B1vd., Cupertino, spoke on behalf' of' the rezoriing He said that Mr. Rodrigues has shown the Planning Commission that he plans to put in the right kind. of aevelopment here. This property is not a desirable locatz.on for a first-class residential area. I agreed that we have traffic prob- lems here, but they are not unsolvabl.eo Comm. Frolich commented that Saratoga has no industrial zoning, nor do they have a twenty-milli�n�dollar campus, apparently because they do r�ot war�t themo :i�e then asked the city Attorney if use permits coul..d be implemented here. The City Attorney said not unless we create a new ML Ordinance to this effecte Comm. Horgan asked the City Attorney for proper wording concerning a finding of fact. '�he City Attorney said the present ML Zoning Ord.inance permits a11 uses nc�t prohibited by law, except heavy industrial uses 'rhe Planning Com- mission may determine which uses �re of such character. Uses should be cleared through thE Flanning Commission to check whether or not they are objection�ble by reason of noise, gas, smoke, vibration, etc Mr. Rodrigues said he and his partn.er have already elimi- nated 21 types of use because they werE not what they envision for this developmenta rie said they are not ask- ing for carte blanc and are willing tc� have every use reviewed by the Planning Commission� The city Attorney said the (;ity is interested in deed restrictions to the extent that a, c�py of' them must be filed with the State prior. to review by the Planning Com- mission. They are a private r�ght, but the City may be an interested party, He add.ed that the Commission might wish to add a condition that a copy of the d.eed restric- tion be filed with the City, and that no amendments be made without the writ�ten consent of the City, Comm. Horgan asked if.' Mre Rodrigues has con�idered buf- fering the back of the property adjacent to Stevens Freeway. Mr. Rodrigues agreed to landscape this boundary. -8- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- Comm. Horgan also asked about the size of the lots, Mr. Rodrigues said they looked into this matter thoroughly before preparing the Tentative Map. For instance, they Y learned that in the industrial parks in Santa Clara County, the average size lot seems to be 25,000 sq, ft. He is proposing 28,000 sq. ft, lots, which would adequately hold 11,000 sq. ft, buildings, He agreed to provide 150' frontage if the City so requires. He added that he can't visualize 65' truck-trailer outfits needed for the uses planned for this industrial park. Recess was called, from 10:00 to 10:20 P.M. Mr. van der Toorren summarized his suggestions and appealed to the Commissioners to consider all factors when making their determination. Mr. I,ouis Stocklmeir, Jr., 221�0 Orchard Court, Cupertino, emphasized the necessity to extend Bubb Road to Stevens Creek Blvd. He suggested the people take a look at Airport Park in San Jose, which is a very desirable piece of property, rather than Kristich Za.ne in Campbell, A road on the west side of the railroad would necessitate eminent domain proceedings, for which the County has no money. Mrs. Carey, 11060 Park Circle East, Cupertino, asked about the future use of the central park property. She was concerned about the traffic load, particularly as the College and the central park wo�ld be great traffic generators. She also asked that the names of the people who have written in about this application be read into the record. She said that, according to Mr. Stocklmeir, the applicant is not the vested owner of this property. It is her und.erstanding that the law requires that the applicant be the vested owner. Mr. Stocklmeir then requested the addresses of all the participants in the Hearings and the �urisdictions f rom whence they came, and what organizations they represent also be read into the record. The planning Director read the two letters regarding the rezoning (attached to these Minutes as Appendices A and B). The City Attorney quoted from the Zoning Ordinance who can make rezoning application. He added that we have, in the past, always accepted agencies unless challenged. Mr. Hutlinger said as much can be said in favor of small lots as against them. Mr. Robert Nash, 7�35 Bollinger Road, San Jose, representing the West Valley Federation of gomeowners, stated there are 12 groups trying to get a master plan for the entire West Valley, incorporating Cupertino's ob�ectives. He asked that the , Planning Commission consider such a master plan in making their decision, rather than making an isolated decision. -9- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- Mr. Graten Hogen, 11067 Linda Vista, Cupertino, said he was skeptical of this proposal when he came to this meet- ing, but after seeing and hearing the presentation, he , would rather see the proposed industrial development here than have the area developed as presently zoned. He quoted an article in the February, 1967 "Stanford pbservor" regarding revenue. The proposed industrial area would greatly contribute to local taxes. Mr. Warren M�Cord, Associate Planner with the County, said that the Planning Commission of Cupertino and the County recently met to discuss this area. As a result, he is heading a Committee formed for the purpose of a study of the Monta Vista area including Cupertino and County areas, On the basis of the preliminary studies, his recommendation is to locate the extension of Bubb Road on the west side of the railroad tracks, which will relieve the intersection of Stevens creek Blvd. and the freeway. If this is a good development, it will not hurt it to delay it until a solution is found for the traffic pattern. The Planning Director agreed that the westerly locatio�n of Bubb Road would be highly desirable, but said that the now proposed alignment must not be given up until we have made certain that the alternative is feasible. He also asked the applicant if he would agree to the approval of only Phase I of the Tentative Map tonight. Mr. Rodrigues said yes. Vice-Chairman Buthenuth asked the Planning Director about the Fire Marshal's comments on realignment of McClellan. The Planning Director said that there has been no comment on this particular item. Moved by Comm. Frolich, seconded by Comm. Bryson, to close the Public Hearings. Motion carried, �-0 Comm. Horgan said that from everything he has heard, pro and con, he cannot see that Mr, Rodrigues will put in a poor development, particularly as he is willing to go along with all 21 conditions. As for the Tentative Map, he fee��s the frontages should be increased to 150'. Vice-Chairman Buthenuth questioned the Director of Public Works more closely on the lane widths proposed. The City Attorney suggested that the conditions on the Tentative Map and on the Rezoning be considered separately to avoid confusion. -10- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- Moved by Comm. Horgan, seconded by Comm. Frolich, to approve application 1-TM-67 with the 18 conditions pro- posed by the planning Director in his memos of 2�21�67 and 3/10/67. AYES: Comm. Bryson, Frolich, Horgan, Buthenuth NAYS: None ABSENT: Chairman Hirshon Motion carried, �4-0 Moved by Comm. Horgan, seconded by Comm. Frolich, to approve application �4-Z- with the 17 conditions pro- posed by the Planning Director in his memo of 2�21/67; and the following additional conditions; Condition 16 amended to include screening landscaping ad�jacent to the freeway. Condition 18. Any proposed use shall be submitted to the Planning Commission prior to issuance of Building Permit . Condition 19. Copy of Deed Restrictions restricting uses to be filed with the city; no amendments to them to be made without the written consent of the City. Condition 20. A color reproduction of the presented rendering to be made a part of this a pplication and filed with the Architectural and Site Control Committee for their use and guidance. AYES: Comm. Bryson, Frolich, Horgan, Buthenuth NAYS : None ABSENT: Chairman Hirshon Motion carr�ed, �+-0 81,004 D. ORDINANCE 220(i) regulating Light Industrial (M[.,) Zones. First Hearing. Moved by Comm. Bryson, seconded by Comm. Horgan, to table Ordinance 220(i). Motion carried, �4-0 -11- pc-6 Minutes of the 3/27/67 planning Commission Meeting ----------------------------------------------------------------- VIII UNFINISHED BUSINESS 81,00�.12 A. SIGN ORDINANCE N0 353 Review of referral from City Council on certain sections. Moved by Comm, Horgan, seconded by Comm. Frolich, to table Sign Ordinance No 353 Motion carried, �-0 81,00�.7 B. Item 10 of Comm. Horgan's memorandum. Moved by Comm. Horgan, seconded by Comm. Frolich, to table Item 10 of Comm. Horgan's memorandum. Motion carried, 4-0 IX NEW BUSINESS A. The city Attorney would like the Planning Commission to initiate an Urgency prdinance prohibiting signs being approved unless they conform to the stipula- tions incorporated in the now proposed Sign Ordinance No. 353. So moved by Comm. Frolich, seconded by Comm. Horgan. Motion carried, �+-0 X ADJOURNMENT Moved by Comm. Horgan, seconded by Comm, Bryson, to ad�ourn the meeting at 11:10 P.M. . A PPROVED: �2�1 � s John W. Buthenuth Vice-C a rman ATTEST: � • ` ( ��i�:L1_' (:\: r�( 'i." �,,q A e Laur n Director of Planning -12- PC-6 Minutes of the 3/27/67 Planning Commission Meeting ----------------------------------------------------------------- APPENDIX A CUPERTINO TOWN CENTER 10300 S. Saratoga-Sunnyvale Road Cupertino, Calif., 9501� March 27, 1967 Planning Commission City of Cupertino Cupertino, California Gentlemen: I have been interested in the discussion of architectural and site control in connection with the application of Mr. John Rodrigues, Jr. for Light Industrial zoning adjacent to the right- of-way for the future West V'alley Freeway. Mr. Rodrigues has done an outstanding job of maintaining a high standard of architectural control on the Cupertino Town Center property which I purchased from him, across Torre Avenue from the city Hall. His requirements are both thorough and f irm, and have contributed a great deal to the excellent appearance of the development. I have reviewed the plans for his new light industrial develop- ment and seriously feel that they reflect the same high standards. You are fortunate to have men of his caliber in Cupertino. The results of his work will be of lasting value to the community. Yours truly, Channing B. Chrisman ----------------------------------------------------------------- APPENDIX B 931 New Haven Court Cupertino, California March 20, 1967 Cupertino Planning Commission Cupertino, California Dear Sirs; We oppose the present rezoning of the 32 acres between 1vlcClellan Road and Stevens Creek Blvd, into an industrial tract of the nature proposed. Sincerely, Annabelle G. Fraass Frank W. Fraass -13-