PC 06-10-68 CITY QF CUPERTINO, State of California
10300 Torre Avenue, Cupert�no, California 95014
Phone: 252-4505 80,000.4
PC-11
MINt3T8S OF THE REGULA,R MEETING OF THE PLIiNNING COMMISSION
HELD JUNE 10, 1968 IN THE COUNCIL CHt1MBERS, CITY HALL, CUPERTINO,
CALIFORNIA
The meeting was called to order at 8:00 p.m. by Chairman Frolich, call to order
who subsequently led the assemblage in the flag salute. flag salute
Commissioners present: Irwin, Hir�h on, Buthenuth, Puetz, Frolich.
Also present: City Attorney Anderson; Assistant Planner Nuzum; roll call
City Engineer Boyd; Recording Secretary Matzley.
Commissioner Buthenuth wanted the minutes of May 27, 1968 corrected
as follows: On page 6 under "presentation of 12-U-68" delete the minutes
refereace to the seating capacity of the restaurant, correction
Chairman Frolich requested to add the following to these same minutes
On page 5 under '�statements of 12-TM-68", add �any change in th� 6 ft. additions to
masonry wall requirement would be a variance and would require d minutes
Public Hearing for such�; also on page 6 under "discussions of 12-U-68",
add: (after "rather than piece meal") ..�particularly with refer-
ence to the service station�.
Commissioner Hirshon moved, Commissionex Irwin seconded and it was minutes
passed unanimously to approve the minutes of the May 27, 1968 approved
meeting as corrected.
Assistant Planner Nuzum advised the Commissioners that the following postponement
requests for postponements had been received: requests
1. Letter from Attorney Donavan, asking that Application 11-TM-68,
Herbert W. Regnart Jr., et ux, be continued for two weeks
because of a pending court case involving the property in
question.
Aftex City Attorney Anderson had stated that under the Subdivision
Ordinance he did a�ot feel that this case would be prejudiced by a 11-TM-68
continuance, Commfssioner Buthenuth moved, Commissioner Irwin continued
seconded and it was passed unanimously to continue Applic�tion
11-TM-68 to the next regular meeting.
Mr. Nuzum further stated that the applicant for Application 13-Z-68 13-Z-68
had been contacted in an effort to ascertain his presence at to-
night's meeting. The applicant had stated, by telephone, that support- deferment
ing documents necessary for a complete presentation were still request
missing, and had asked that this �atter be defexred to the next
regular aneeting.
page 2 Minutes of the P�anning Commiss�on J�ne 10, 1968 80,000.4
PC-11
Postponement Announcements cont°d
There was so�e discussion on the matter especially in view of the number
of continuances this application had already received. After obtainin�
applicant 1ega1 counsel from Attorney Anderson, Commissioner Irwin moved, Commissioner
to be Hirshon seconded and it was passed unanimously that the applicant be .::,!.,._.
notified notified that, if he fs not prepared to proceed with his application at : �.> .
the next meeting, it will automatically be removed from the calendar.
Mr. Nuzum stated that a written communication had been received from
Pavlixaa Realty, advising the Planning Commission that Mr. Mariani, one
of the property owners involved in Application 12-U-68, had just
written returned after having been away for some time, asking that the 12-U-68
communi- matter be held over for a period of thirty days. The Commissioners
cation agreed that this letter should be considered in conjunction with the
presentation of Application 12-U-68.
Chairman Fro�ich wondered about the volume of supporting data being
supplied the City Counci� for reference in certain matters with special
inquiry regard to appeals of decis�ons as rendered by the Plann�ing Commission.
by chairman �� Nuzum advised the Com�issioners that everything pertaining to any
one applica�ion, espetially if it is an appeal, is forwarded to the
City Council for their perusal.
no audience Chairman Fra�lich asked for ve�rbal communications fro� the audience. There
comments were none.
public -� Public Hea��n�s
hearings
A. Application 11-TM-68
11-TM-68 This matter had been d�.sposed of earlier in the meeting aa�d had been
postponed slated for presentation at the next regular meeting.
B. Application 13-Z-68
13-Z-68 This matter had also been disposed of earlier and deferred to the next
deferred regular meeting.
12-U-68 C. Application 12-�J-68: Walter Jensen, et al; Use Permit for a
Motel, Restaurant, Lounge, Gasoline Service Station and other
related commercial uses within a Planned Development zone.
11 acres located on the west side of North Saratoga-Sunnyvale
Road, 630 feet south of Junipero Serra Freeway. Second Hearing.
. I�inutes of the Plan�ing Co�mission June �0, 1968 80,000.4
PC-11
12-U-68 cont'd page 3
r�r. Liarry Falk of 11452 �iora Drive, Los Altos, appeared before the
Commission aad stated that he had no�hing further to add to tihe
statements made during the first hearing except that he was most
concerned about the constant delays which this application seems to
encounter by reason of absenee �f the other property owners in- concern
volved in this matter. Mr. Falk reiterated that heavy expenses about delays
were involved in delays of construction and maintaira�d that he was voiced
perfectly willing to meet with the otl�er parties at any time but
that delays had been encountered ju�t the same.
Considerab].e discussion ensued and numerous references were made
to the May 27, 1968 minutes, indicating that the major considerations discussion
remained the proposed service station and the fact that a unified on zoning
development had been proposed for this parcel of land with a Planned
Development �one.
In answer to a Planning Depaxtment stated requirement of the necessity
to begin construction of 6070 of the project before an occupancy permit
for a service station could be obtained, 1rlr. Falk asked if it would,
alternately, be possible to obtain b�ild�ng permits for $100,000 worth
of construction wY►ich would, in reality and witta the i�stallation of
curbs, gutters, stxeet improvements and the like, result in some proposal
$300,000.00 worth of commitments, and then receive authori�ation to submitted
construct the service station. Mr. Falk continued that.=kne and tais
associates were in perfect agreement with the Planning Commission�s
insistence upon certain restxictions for pro�osed service station
constructions, but cautioned that a restaurant operator might feel,
and be, inconvenienc�d by the �onstru�tion of a service station after
the restaurant is open for business.
City Attorney Anderson questioned Ordixaance 274 and the Subdivision
Ordinance which directly relates to this case and stated that this
applicant had submitted a separate and indep�ndent proposal and
not part of a complete p1an. Eurther that, originally, 37 acres comments by
had been ua�der consideration with a z�ning coanpatible to what should counsel
be built on the land and that this �pplicant k�ad spent considerable
time and money on this propo�al, th�t he was attempting to construct
something �S� attract�ve and if he could not obtain the zoning
necessary, he suggested filing for a differe�t zoning.
Co�missioner irwin felt tha� the problem was one of secnantics,stating
that this,proposal does not adequately £it in wit�a the original
Planned Development zoning, that the s+treet �attern was not complete
and that no indicat�on from the ott�er two property owners had been concerns
obtained as to their plans for the balance of the site. Further, that voiced
the Planning Commission was primaxily concerned with the compatibility
of the street patterns as proposed b� this applicant with the overall
street patterns.
page 4 Minutes of the Planning �ommissio� June 14, 1968 80,000.4
PC-11
12- U- 68 cont' d
Considerably more discussion ensued and it was reiterated that the
three property owners involved should submit a proposal for the entire
statements site, i.e. the 37 acres, to enable the Commissioners to look at the
proposal as a unit. Mr. Jim Bode representing Mr. Dick Pacheco, et al,
addressed the Commissioners saying that he had been in contact with
the applicant and that, basically, there had been an agreement especially
in regard to the proposed street pattern.
City Attorney Anderson stated that the Ordinance requires that the
parties involved comply with the Subdivision Ordinance and that it
would be the Engineering Department's discretfon to consider the
legal street pattern. He reiterated that the applicant had spent a lot of
points ticne and money and did not feel that the applicant should have to
wait for a decision just because someone involved in the matter is out
of town.
Mr. John Rodrigues, developer, addressed the Commissioners and said
that this proposed development was proceeding along the same basis
as the Town Center in Cupertino, maintaining that according to the
Planned Community Dedelopment Ordinance the City has a co�upat�bl��
use for an area, a traffic circulation p�ttern as well as a continuing
control through Use Permits and that this was all the City could actually
audience expect. When Mr. ftodrigues raised � q�estion relative to the proposed
comments Sears, Roebuck development and the necessary Use Permit application for
same, Mr. T�lalter Ward, the gea��ral manager of Vallco Park, stated that
Sears had not applied for this per�nit to date but that the map would be
revised accordingly i�nnediately after the applying for the per�nit.
After commsiderably more discussion and with constant references to
matters discussed at the last meeting as well as Attorney Anderson�s
statement that, should it a�ot be possible for the three landowners
references to come to an agreement this applicant should apply for a CG zoning
to prior and at the same time advising �he applican� to study not only Ordinance 274
meeting but also the Subdivision Ordinance prior to retur�ing to this Commission,
Commissioner Buthenuth moved, Couamis�ioner Irwin s�conded azad it was
12-U-68 passed unanimously that Applic�tion 12-�J-68 be continued to the next
continued regular �nee�ing.
The City Planner aa�d the City Engineer were instructed to prepare a
data list of �°equixements o�n which the Gommissionexs could base their
required decisioxz prior to the next meeting.
recess Chair�nan Frolich called a recess at 10:15 p.m.
The meeting reconvened at 10:30 p.m.
Minutes of �he Planning Co�nmrssio� J�ne ��, 1968 80,000.4
PC-11
page 5
D. Applica�ion 14-Z-68/13-7CN1-6�: Pete and .Toseph Camarda;
Rezoning from Residential Single-ta�nily 10,000 sq.ft. lots
(R1-10) t� a Residentiial I�uple� (R2-4.25) zone, and 14-Z-68
Tentat�,ve Map for 12-lot subdivisi�n. Approximately 2.75 13-TM-68
acres south side of Forest Avenu�e, bonxnded by Vista Avenue
and Randy Lar�e. Fixst Hi�ari�a�.
Commissioner Irwin �oved, Co�nnis�i�nex° Ii�rshon secoc�ded and it was
passed unanimously that, by �ainut� ord�r, botYa applicatioa�s be dual
considered at the same time. consideration
Mr. Tom Henderson, Civil Enginee�, �r�sented the applications �nd present-
explained, by the use of a p�.ot g�bara, t�e pxoposed development. ation
The Assistant Plann�er stated that the rezoning was �n accordance
with that shown on the Genera�. P1�� and that th�e property in question
was acxoss £rom the adcnini�tx°�ti�e �ff�ces of �he Cupertin� School staff
District and kitty-�orner fs°��n exis��ng duplex zoning, Therefore, comments
the staff recommended approval �f the rezoning subject to the twelve
Staxadard Conditions.
The City Ern.gine�r st�ated tha� t�ae�� qaer� n�� ob�e�tnon� �o the Tenta-
tive Map as �tais invoYvecl a cc��.-de-sac arad �o egress or ingress was
probleana�ic. The Gommissior�ers que���oned Lh� locatiion esgecially caution
in view of tk�e reqaai�°ed st��eeti �aidtka, �ar�t�.onis�g that ir� i� xnost
difficult for au��mobiles to �urn �� a cul-de-sac and that this
fact sho�ld be close�,y considered.
Chairman Fro�.icYa asked that his fel��w Con���sion�rs state ttaeir
individual opinioa� oaa the matt�e�. Co�n�is�ioaaex° Hirskao�a stated that
he had no objections to the Tenta�ti�e Iriap but did have �ome reser- individual
vations about the rezoning. Comcnissioner Irw�a� stated that the comments
area was predominantly R1 and Mra I�nderson replied that the General
Plan did indicate R2 fox this �r�a.
Chair�nan Frolich commented �ha�t t� th� �as�, south and west of the
proposed site was existing or�hard �x�d urssi�veloped land. Mr. Pete
Camarda concurred stating tk�a� the p��p�rg}� is surr��naed by orchards,
a portion of which is owned by var�oaa� �ne�ntaers of the �aT?'�.r.da family, audience
and the school administratfox� b�s�bding aa�d tthat only one parcel of comments
land is actually developed as Rb wfliich parc�l is located east of
his property on the north sid� of Fc�x�st Ave�ue.
Commissioner Irwin emphasiz�d tk�at, regardle�s of the s�ate of zoning
developme�at, all the surrournding proper�y is zoned Rl. emphasized
A Mr. Beckmann of 10311 Cherry Tree ,Lane, Gupertino, and Mrs. Juanita
McLaren, Real�or, stated poi�nts �relative to this application, both audience
in oppositioa� to the proposed du��eaces, comments
There were n� further comtne�t� �rom the audienceo
page 6 Minutes of the Pl�nning Commiss�on June 10, 1968 80,000.4
PC-11
14-Z-68/13-TM-68 cont'd
p.h. Comcnissioner Irwin moved, Commissioner Hirshon seconded and it was
closed passed unanimously to close the Public Hearing.
Further discussion ensued among the Commissioners stating pertinent
discussion points as to why this zoning should, or should not, be granted.
14-Z-68 Commissioner Irwin moved to deny Application 14-Z-68, Commissioner
denied Puetz seconded.
AYES: Commissioners Irwin, Hirshon, Buthenuth, Puetz
NOES: Commissioner Frolich
ABSENT: None
Chairman Frolich advised the applicant of his right to appeal this
decision to the City Council within five days.
13-TM-68 Commissioner Irwin moved to deny Application 13-TM-68, Commissioner
denied Puetz seconded.
AYES: Commissioners Irwin, Hirshon, Buthenuth, Puetz
NOES: Gommissioner Frolich
ABSENT: None
voting Commissioner Buthenuth requested ttaat the record show that his vote
point reflected his opposition to the 40° cul-de-sac street.
Chairman Frolich again advised the applicant that he had the right
to appeal this decision to the City Council within five days.
13-Z-68 The applicant of Application 13-Z-68 appeareci before the Commissioners,
stating that traffic conditions had prevented his punctual attendance
and wondered if he would be permitted to present the application at
late this time. Chairman Frolich advised him tl�at, because of his absence
arrival at the time the matter was slated for discussion earlier in the meeting,
the application had been deferxed to the �aext regular meeting and that it
could not be discussed at this time. The applicant was instructed
to appear at the next regular meeting to �ake his presentation.
unf.business Unfinished Business
81,004.122 A. 81,004.122: Ordinance 220(�) regulating Light Industrial (ML)
zones.
Commissioner Buthenuth moved, Commissioner Hirshon seconded and it was
post- passed unan imously that this matter be continued to the first meeting
ponement in August, 1968 enabling the new Com�issioners to become acquainted
with the material which had been distributed by the Assistant Planner.
Minutes of the Planning Commission J�ne 10, b968 80,000.4
PC-11
page 7
New Business
A. 81,004.124: General Commercial Ordin�nce 81,004.124
The Assistant Planner distributed copies of the proposed Ordinance
to the new Commissioners and requested that this matter be continued.
Commissioner Buthenuth moved, Commissioner Iiirshon ��c�nded and it matter
was passed unanimously that consideration of 81,004.�:�4 be post- continued
poned to the first meeting in August, 1968.
Commissioner Buthenuth moved, Commissioner Hirshon s�conded and it motion to
was passed unanimously that the meetiaag be a�djourned. adjourn
The meeting adjourned at 11:05 p.m. adjournment
APPROVED:
�K`� �/ ' v � � • .
/s/ Doaiald A. Frolich
ATTEST: Chairman
ADDE LAURIN, Director of Planning
s
mes E. Nu m, Assistant Planner