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PC 05-08-67 10300 Torre Ave., Cupertino, Calif., 9501� Phone 252-�505 ------------------------------------------------------------------ PC-lo 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 ( May 8, 1g67 8:00 P.M. I Held in the Council Chamber, City Hall, 10300 Torre Ave., Cupertino � I SALUTE TO THE FLAG i II ROLL CALL Comm. present: Bryson, Frolich, Hirshon, Horgan, Buthenuth Comm. absent: None Staff present: City Attorney, Sam Anderson Director of Planning, Adde La.urin Director of Public Works, Frank Finney Assistant Planner, Jim Nuzum Recording Secretary, Lois Inwards ; III MINUTES OF PREVIOUS MEETING, April 2� 1967 Moved by Comm. Bryson, seconded by Comm. Hirshon, to approve the Minutes of April 24 1967 as recorded. Motion carried, 5-0 IV ANNOUNCEMENT OF POSTPONEMENTS, etc. 9-u-67 A. Howard Ruth, Jr., has withdrawn his Use Permit application for the SW corner of Pacifica Avenue and Whitney Way He will come back in with a unified plan for the entire 10 acres at a later date, as a result of discussions with the Planning Department, 8-Z-67 B. The Saich Bros, have withdrawn their application for the rezoning of the 5 acre parcel east of Stevens Freeway. This application was brought to the atten- tion of the adjacent landowners and, in case they were in the audience, the Planning Director wanted them to know it had been withdrawn. 5-z-67 C. A request has been received from Franklin-Windsor Development Company to postpone this matter once more. -1- PC-10 Minutes of the 5/8/67 Planning Comm. Meeting ------------------------------------------------------------------ Comm. Hirshon noted tha.t the policy has been established that when an application is postponed twice without ex- planation it should be acted upon anyway. Comm. Horgan felt the applicant should be given one more chance; that it should definitely be acted upon at the next meeting. MINUTE ORDER: Moved by Comm. Horgan, seconded by Comm. Frolich, to continue application 5-Z-67 until the next regu- lar meeting and if the applicant does not come forward at that time the application will be taken off the calendar. Motion carried, 5-0 In reply to a question by Mr. Frank Horton, Martinwood Way, Cupertino, the Assistant Planner said the First Hear- ing on the previous application was held on May 23 1966 V WRITTEN COMMUTTICATIONS �4-Z-67 A. CITY COUNCIL: Referral of list of uses permitted in area included in rezoning application �4-Z-67. Chairman Buthenuth asked if the contractors' office item includes storage yards; if so, he believes storage yards � should be excluded. The City Attorney said that an important use in ML is storage. For example, Johnson & Johnson is one example of a storage-type installation. There are varying degrees in aesthetics of storage. The Planning Director noted the safeguard that there must be a wall or building shielding the storage area from the street. Comm. Bryson also noted that none of the products can extend above the fence or building. Mr. John Rodrigues, the developer, assured the Commission that development in ML zones is sub,�ect to the Architectural 8c Site Control Committee's approval. He said most users will have enclosed storage, and the outside storage will be behind a wall or fence. He noted instances where the Architectural & Site Control has called in businessmen in CG zones and told them to pay more attention to the aesthetics of their location; the same can be done in ML zones. MINUTE ORDER: Moved by Comm. Frolich, seconded by Comm. Horgan, that the Planning Commission is in agreement with this list of uses to be permitted under applica- tion �-Z-67. Motion carried, 5-0 _�_ PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ VI VERBAL COMMUNICATIONS -- There were none. VII HEARINGS SCHEDULED: 9-U-67 A. HOWARD RUTH, JR.: USE PERMIT to construct a market and steak house in Planned Development zone, SW corner of Pacifica Avenue and Whitney Way. First Hearing continued. (APPLICATION WITHDRAWN 5/3/67) 5-Z-67 B. FRANKLIN-WINDSOR DEVELOPMENT COMPANY: REZONING from Residential Single-family (R1-7.5) to Administrative and Professional Offices (OA), Lot 1, Tract 2551, located NW corner of Clifden and Bolling�r Road. F�rst Hearing. (DEFERRID TO NEXT MEETING) S-TM-67 C. CLEGG & FOULK: TENTATIVE MAP, revising lot lines in existing subdivision, east side of Foothill Blvd., fronting on Alpine Drive and Salem Avenue. 5 acres. First Hearing. Mr. John Clegg, representing Clegg & Foulk, stated that the map is self-explanatory. He offered to answer any questions. The Planning Director said this is the ad,�ustment of a former Tentative Map, and the Assistant Planner said the applicant has shifted certain lot lines to better comply with the Ordinance. Chairman Buthenuth noted that there were no contours. Mr. Clegg said the Ordinance says "contours or elevations" and, according to the Engineering staff, elevations would be sufficient inasmuch as all the improvements are in. The Director of Public Works said the improveme nts were installed under the previous Tentative Map. Some of the drainage on lots 28-�+0 does not come up to specifications, however. The drainage ditch has not been completed and the bonds will not be retired until this deficiency has been rectif ied. Chairman Buthenuth asked if there is enough room to get in to lots F, G and H. The applicant explained they pro- pose moving the lot line between lots G and H 2 feet south. The lot line between lots F and G will be moved corres- pondingly. The Director of Public Works remarked on a flag lot, and the Assistant Planner confirmed that the original map does show such a lot. The Director of Public Works said there is a Record of Survey on lots A, B& C (F, G 8c H) and the easement �s approximately the same. In 1960, there was about a one-foot shift to the east for these 3 lots. -3- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ----------------------------------------------------------------- The Director of Public Works said lpts �0-�3 and includ- ing lots 25 and 26 have a drainage problem which must be resolved. Comm. Bryson noted the bonds are there to insure this. Moved by Comm. Bryson, sec,g�d.ed by Comm. Hirshon, to close the Public Hearings. Motion carri�d, 5-0 Moved by Comm. Bryson, seconded by Comm. Frolich, to approve application 5-TM-67 w�th the provision that the drainage on the lots on the west side of Alpine Drive are to be resolved; and all conditions on the previous Tentative Maps on this property are to be upheld except those in conflict with this Tentative Map. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS: None Motion carried, 5-0 5-v-67 D. EIJGENE RAVIZZA: VARIANCE to reduce rear yard setback for commercial building ad�acent to residential zone. 10601 S. Saratoga-Sunnyvale Road, First Hearing. Mr. Ed Myers, Architect, 10601 So. Saratoga-Sunnyvale Road, Cupertino, said the building was constructed about five years ago close to the rear lot line, unintentionally not conforming with rear yard requirements. They feel at this time, and would have felt at that time, that 20' of grass in the front was more beneficial than 10' in the rear. The City Attorney asked if they have a fire wall against the lot line. Mr. Myers said they have a�-hour, filled- cell wall, which would meet the Fire Marshal's requirements. The Assistant Planner said the building does exist and it does conform to the Fire Code. It was the recommendation of the Planning Department that this Variance be granted, sub�ect to the Arch. 8c Site Control of the building and landscaping, and street improvements in front of the property. The Director of Public Works said the street improvements were deferred at the time the building was built because there were no improvements on ad�jacent properties. This condition no longer exists. Mr. Myers said the issue here is the rear yard Variance to make the existing garage building legal. They will be applying later for authorization for more extensive work; perhaps that would be the appropriate time to dis- cuss street improvements. -�- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ The City Attorney said it is lawful now for the Planning Commission to condition the approval of the Variance with street improvements. The Planning Director recom- mended that conditions regarding street improvements and Architectural and Site Control be required at this time, as a reminder, The Director of Public Works said the dedication of the land at an earlier date does not elimi- nate the requirement for street improvements at a later date. Chairman Buthenuth asked for comments from the audience. There were none. The City Attorney said this is a very up-to-date area and he would recommend the Variance. Comm. Hirshon said he would be willing to concur with this Variance if the improvements are put in. Moved by Comm. Bryson, seconded by Comm. Hirshon, to close the Public Hearings. Motion carried, 5-0 Moved by Comm. Hirshon, seconded by Comm. Bryson, that � application 5-V-67 be approved, sub�ect to: 1. Street improvements to the satisfaction of the City Engineer. 2. All building improvements and site layout must carry the approval of the Architectural and Site Approval Committee. AYES: Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth NAYS : None Motion carried, 5-0 2-TM-67 E, SAICH BROS.: TENTATIVE MA P for proposed Light Industrial Park. 35 acres located north of University Way and east of Southern Pacific Railroad. First Hearing. Civil Engineer George Somps requested this item be deferred since Mr. Krausz was not yet present. Chairman Buthenuth was agreeable to this. 8-Z-67 F. SAICH BROS.: REZONING from Residential-Multiple (R3-2.7) to Planned Development (P) with Planned Industrial Park (MP) use. 5 acres west of Mary Avenue, east of Stevens Freeway. First Hearing. This application has been withdrawn. -5- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ 10-U-67 G. STONESON DEVELOPMENT CORPORATION: USE PERMIT and 4-TM-67 TENTATIVE MA P to permit development of a Multiple Unit Complex on 1�.5 acres located north side of Stevens Creek Blvd., east of Mary Avenue, west of City of Cupertino park site. First Hearing. Mr. Ralph Ramona, of Saratoga, said this is to be a�oint venture of Rodrigues, Stoneson and Ramona. The design is a modified condominium with units that would be indivi- dually owned, in the form of multiples, but would not have the problem of common wall�. There will be 138 dwelling units within 1�.5 gross acres. Density is approximately the same as the original proposal when the area was zoned Planned Development, but the present pro- ject eliminates the high rise buildings. The entire 57 acres will be divided into four separate, similar group- ings, each with its own common cabana and recreation area. The idea is to have the lot lines for legal descriptions, easements, etc., but there will be no fences. Each lot � will have road frontage. Mr. Ramona said they are trying to avoid parking diffi- culties by locating the recreation area in the center, with lighted pathways leading to it from the residences. The recreation area will be slightly depressed. All landscaping will be taken care of by an association, of which all residents will be members. This town house - concept will have 138 living units on 39 lots. The archi- tecture is intended to conform with the De Anza architec- ture. Two renderings and two site plans were placed on the bulletin board. Comm. Hirshon asked about off-street parking. Mr. Ramona said all parking is on-site. The Ordinance calls for one enclosed and one open parking space per dwelling unit. Actually, there will be 212 spaces in garages and 64 in the open. Comm. Frolich asked if the developer can control any future fencing of the properties. It was noted this will be in the deed restrictions. Comm. Frolich asked if the City cares if the owners should decide to put up fences. There was some discussion about the street at the point of entry into the city park. Mr. Ramona said the pro- posed �+5' is adequate and sat3.sfies the Parks and Recrea- tion Commission. The Director of Public Works said a �0' dedication, with 20' to be dedicated in the future by the adjacent subdivider has been discussed. In this case, the City of Cupertino is the adjacent developer. He added that the 45' street would be adequate with a No Parking restriction, and there is an assurance of a second opening to the parking area of the park. -6- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ The Planning Director noted this is both a Tentative Map and Use Permit application,.not �ust for this stage, but extending all the way to the Nathanson property. The Use Permit should have a clause that the rest of the pro- perty will be developed in a similar manner unless an improved concept is approved by the Planning Commission. The Plan does not qualify as a cluster, but is not a straight apartment complex either. How�ver, it would provide a pleasing, informal arrangement of buildings. The entire area will be treated as a unit, with common use of recreation area, pathways, and certain driveways. If deed restrictions to that effect were abrogated, we would have on our hands quite a number of illegal lots. The Planning Director commented on Ordinances applying to the pro�ect. The Planned Development Ordinance states that lot area, building height, front yards, side yards, back yards, lot coverage arid parking may be varied when this will result in improved design, provided that the overall density does not exceed 16 dwelling units per gross acre. Unless variations are permitted, it is an open question whether the development standards of Residential Multiple Medium Density Zones (R3-2.7, Ordinance 002k) or of Residential Multiple High Density Zones (R3-2.2, Ordinance 220) should apply. Some further study is needed, and a memo will be presented to the i Commission. The on-site requirement of one garage and one parking space per dwelling unit covers only the average number of family cars. On-street parking has to be provided for guests and for the third cars of some families, as in other apartment areas. Small ad�ustment o driveways can provide additional street parking. A g0' right-of-way is proposed for Mary Avenue, which would accommodate three roadways, one southbound and one northbound with two moving lanes each, and one northbound access road with one moving lane and one parking lane. There would be one 6' and one �' divider, which cannot accommodate trees. The ac.cess road has to be abrogated near intersections. This causes a problem for driveways, which will be studied further. Comm. Frolich asked if the applicant is planning to include in the Association By-Laws the handling of any future difficulties. Mr. Ramona said there will be a monthly assessment from each owner to take care of the maintenance, including all landscaped areas and the recreation area. This maintenance will be a full-time �ob for two men. -7 - PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ Mr. Ramona said their minimum-size unit is more than 1300 sq, ft. floor area, whereas minimum-size apartments in other developments are 900 sq. ft. Their minimum rental rate will be �225 per month. There is nothing in Santa Clara County to compare with this facility. Comm. Hirshon asked if the developers have any plans for the commercial portion of the property. Mr. Ra mona said the need for it has to be created first. The northern part of the property will be developed about the same time as the commercial area. Comm. Hirshon asked about access from the north. The Planning Director said that the Mary Avenue connection looks likely now. We must in any case work under the assumption that it will be completed ul�imately. In addi- tion, one street in the pro�ect connects via Greenleaf and Gardena to Stelling Road. Local street will be 60' wide, according to City standards, except that cul-de-sacs will be 50'. Moved by Comm. Frolich to close the First Hearing. This motion was withdrawn when it was learned the Central Fire Protection District had a statement on this application. Chief Severin: said it may be difficult to serve some of the area. As a minimum, an 18' driveway will be needed to the recreation area. He is worried about the antici- ' pated curb parking. Chairman Buthenuth asked that the Fire District be furnished with a copy of the revised Tentative Map. Moved by Comm. Frolich, seconded by Comm. Bryson, to close the First Hearing and to request a memo be prepared by the Planning Director, suggesting conditions to be placed on this application, and that the Fire District be kept up-to-date on any revisions of the Tentative Map. Motion carried, 5-0 Chairman Buthenuth called for a recess at 9:�0 P.M. The meeting reconvened at 10:00 P.M. 2-TM-67 E. SAICH BROS.: TENTATIVE MA P for proposed Light Industrial Park. 35 acres located north of University Way and east of Southern Pacific Railroad. First Hearing. Mr. Amos Krausz said he was representing the Saich Bros. Mr. George Somps, Civil Engineer, designed the street pattern for this Tentative Map. Mr. Krausz said he �ust received a copy of the Planning Director's memo, so he was not prepared to specifically reply to statements in it. -8- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ The Chairman read a letter f rom the Department of Public Works of Santa Clara County. The Planning Director referred to his memo of May 5, 1967 and suggested that it be discussed, point by point. The memo suggests two alternative procedures to deal w�th the landlocked 8 acres north of the pro�ect. The Plan�ing Director and the,Director of Public Works recommended the second, to extend the street in the Tentative Map. If the 8 acres later were �oined to lot 3, it would be easy to revise the Tentative Map to show a shorter street. Otherwise, we would run into several complications relat- ing to sewers, etc. - Mr. Somps said that if the Planning Commission could approve the Tentative Map as presented, with the condi- tion that by acquiring the lots from the State, we would then have an approved map the way the applicant intends to build it. A revision of the Tentative Map at this time to extend the street up to the property to the north would not present a true p�cture of the plans. The City Attorney said access should be provided to the landlocked, State-owned land and be provided under City standards. He also suggested the verbage: The access to be satisfactory to the Director of Public Works' � requirements and those of the State of California. He quoted the General Requirements for a Tentative Map, and said that Section 3.6 of Ordinance �7(a) Revised gives the Planning Commission the power to set forth any conditions felt necessary. He concluded that all three parcels�have to be served by access to the street. Comm. Frolich summarized: The landlocked 8 acres will either be a part of Parcel 3 or the street has to go through. The Planning Director demonstrated a proposed system of a circumferential driv�way for fire and other emergencies, to which the applicant did not ob�ect in principle. Chief Severin said the Central Fire Pro- tection District is concerned that there is only one means of access into this large property, and that the depth of the industrial lots may create dangeroua situations. He would further consider the proposed system with an emergency driveway. Emergency exits could be taken care of by the detailed planning and traffic engineering. -9- ' PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ The Planning Director felt that the traffic engineering at the intersection of Peninsula Avenue and Stevens Creek Blvd. may not be as simple as optimistically suggested, but that the County and the City have to solve the prob- lem whether the industrial development materializes or not, However, a condition to the rezoning state�' that the industrial developer should contribute. The terms must be decided at the Tentative Map stage. In regard to University Avenue, the Planning Director and the Director of Public Works stated the long-established policy that developers may have to dedicate and construct streets which are a part of the overall system for the community, even if he does not utilize them directly. Dedication and construction of 15' was proposed in the event tha� University Avenue were to be a divider between resi- dential and industrial areas. Sixty feet should be sufficient for Peninsula Avenue within the subdivision, if provisions are made also for off-street short-time parking and stopping; the applicant agreed to this. An ad�ustment of the alignment should be made. The Planning Director noted that the single point of com- plete disagreement is the width and character of Peninsula Avenue through the residential section. A decision must be made at this stage, one way or another. He said that the proposed system of three moving lanes, of_which the center lane is reversible, is costly to operate. Who will pay? To eliminate the parking lane causes complications. It seemed to him that the applicant has not supplied employment and traffic studies in a binding way. He said that he did not know of an industrial area this size developed during the last 15 years with such unsatisfactory access. The Planning Director continued to say that a future widening of Peninsula Avenue toward the residential area would be very costly, because owners will demand prices based not on the residential value but on their strangle- hold on the industrial area. The price would have to be met either by the then owners of industrial lots, or by the County, or by the City of Cupertino. If a proper access has to be subsidized by public funds, it proves that the type of development is wrong for the area. The Planning Director supported the land exchange plan originally proposed by the County Planning Department, which may save much money because land prices would not be involved; only compensation for or moving of buildings. Obviously, this plan is possible only if agreed upon before approval of the Tentative Map. -10- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ Moved by Comm. Hirshon, seconded by Comm. Bryson, to continue the First Hearing to the next regular meeting of the Planning Commission. Motion carried, 5-0 7-Z-67 H. LOUIS A. PAGATTINI: REZONING from Residential Single- 6-TM-67 family 10,000 sq.f� (R1-10) to Residential Single- family 7,500 sq. ft, lots (R1-7.5), approx. 17.5 acres;and TENTATIVE MA P. South of Stevens Creek Blvd. and east of Blaney Avenue. First Hearing. Mr. Pat 0'Connel3, representing Sterling Homes, said they are only interested in developing the Rl portion of this property. The owner of the ad;jacent commercial property is willing to dedicate the full 60' width of the extension of Portal Avenue, and the residential subdivic�r is willing to pave 24' of it to provide access to their area. There is the question of the walkway to the City park. They previously offered a 15' easement for a "' walkway to the nearby park and are now willing to dedicate 20' for a public right-of-way. The Planning Director exp7.ained that the applicant is on a tight schedule and has respectfully asked for a decision tonight, if possible. He added that the Parks Commis- sion, upon advice of the architect for the park, has proposed a 30' wide pathwa,y, but that 20' seemed fair to him. The Recreation Director does not ob�ject to the 20' width of the pathway. The Director of Public Works noted that the landscape architect was quite adamant when requesting 30'. Another problem that the Tentative Map showed was a 0.3� grade, whereas he advised a 0.�+� or 0.5� grade. A condition should specify a minimum 0.�� grade. Chairman Buthenuth asked for questions from the audience. There were none. Moved by Comm. Hirshon, seconded by Comm. Horgan, to close the Public Hear.ings on applications 7-Z-67 and 6-TM-67. Motion carried, �+-0 (Comm. Frolich had left earlier) Moved by Comm. Hirshon, seconded by Comm. Bryson, to ap- prove application 7=Z-67 with the 12 standard conditions. AYES: Comm. Bryson, Hirshon, Horgan, Buthenuth NAYS : None ABSENT: Comm. Frolich Motion carried, �-0 -11- PC-10 Minutes of the 5/8/67 Planning Commission Meeting ------------------------------------------------------------------ Moved by Comm. Hirshon, seconded by Comm. Bryson, to ap- prove application 6-TM-67, sub�ect to the following conditions: 1. Access to the park from Vicksburg Drive shall be a minimum of 20' and shall be dedicated to the City. The Tentative Map will be revised accordingly. 2. The extension to Portal Ave. to be dedicated to a width of 60' and improved to 2�', to City standards, and the cross section is to be shown on the Tentative Map. 3. All street grades within the subdivision are to be at least 0.4� and so indicated on the revised Tentative Map. �. The width of elbow and cul-de-sac lots shall be at least 60', measured at the building setback line, measured at right angles from one of the side property lines. AYES: Comm. Bryson, Hirshon, Horgan, Buthenuth NAYS : None ABSENT: Comm. Frolich Motion carried, �-0 81,00� I. ORDINANCE 220(i) regulating Light Tndustrial (ML) zones. First Hearing. Moved by Comm. Bryson, seconded by Comm. Hirshon, to continue Ordinance 220(i) to th� next regular meeting. Motion carried, �+-0 VIII UNFINISHED BUSINESS -- There was none. IX NE4�T BUSINESS A, COMM. FROLICH: Report on April 27 meeting of the Planning Policy Committee of Santa Clara County. This was postponed until the next regular meeting. X ADJOURNMENT Moved by Comm. Bryson, seconded by Comm. Hirshon, to ad�ourn the meeting at 11:58 P.M. APPRO �D: ATTEST: � �� „%„ � /s�% John Buthenuth ��- Chairman Director o Planning -1�-