PC 03-13-72 �
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CL'iI' UI' CUPI'.I�'I'INO, Statie o� C4lifor.nia Y��-�54
10300 'lorr� t�venue, Cupertino, �� :1�_for.'riia �'�f'.� 1
Telephone: 252--4 �05
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CiJPEI'.I'i��:0, CALI}0�:.1i:A �
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SALIJTE TO TIIE �'L�'1�; �
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Cnairman :-7.eyers operied the �aeeting at � P;-� �ait:;:� th^ :;ali�te to th� j
Fla�.. i
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P.OLL CALL '
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Co�.�.missionei:s present: :ii.rshcn, !-'uetz, Chair.�.an �ieyers i
Coc��uissioners absent : iluth�nuti�, 0' Ke: f e �
Staff present: Pirector of Pl��nning a.ncl De���r,lopl:�etit Sislc !}
A�sistant City Att_c;rne�- lerry 1
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Assistan.t i'la��ner � c�tio= ii ;
'.ira�f �.c rn� G�•i.g� j
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Recnrdin� :�ec.r.`tar_y Loi_s In� �
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APFROVAL OF :1INUTES : :�inutes of Regular Ad.j ourne.d '-ieeting of �
February 9, i972.
M:i_nutes o� Re�ular i`e��ti,^�; of Fcbrua 28, j
1972. �
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P��oved by Cor.m�. Hirshon, se.con�led by Com�i. Puetz to a��rove the � I'cb. 9th '_:ir.utes
?`•ii.nutes of February 9, 19i2 as writt.en. � a�?rcvec� as
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ttotion carried, 3-0 �
C;hairman Meyers said Condit�on �E23 on page 5 sho-�.1d r.ead the same as!
18e i.n Resolutioil 1039.
�loved by Comm Hi.rshon, s��con�:ed by Chairnmdi: �iey<� to zrprov� the PE='�. ?`":'': '1'-^•
ALinutes of Februar_y 28, 1972 as corrected. ��'. ��
cc�? f� �
:�otion carried, ?_--0-i
Conu�i. Puet.z abstained
PC-54 I�IINUTES OF THE i�1ARCH 13, 1972 PLANNING COtiMISSION r1EETING
Page 2
POSTPONEi�ENTS, etc. -- None requested.
WRITTEN COt�^1UNICATIONS -- There were none.
ORAL CO��NNICATIONS -- There were none.
PUBLIC HEARINGS:
1. Applications 1-Z-72 and 2-T�1-72 of Stanley C. Jarvis and Charles
B. Clifton for (1) rezoning two 8500+ square foot lots.from
R1-10 (Single-fariily Residential, 10,000 sq. ft. lots) to R2-4.25
E (Duplex Residential, 4,250 sq. ft. per dwelling unit) and
(2) Tentative L1ap to divide two lots into four lots. Said
property is located approximately 320 f eet west of Blaney Avenue
° on the south side of Rodrigues Avenue. First Hearing.
IInrealistic �The Plannin Director introduced the a lication usin vi uai a'd
g pp , g s i s
to tr� for �to identiry the property location. BecaLSe of existing line assessnlent
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overall plan �and dwelling unit locations, he said it is unrealistic to require that
for the 6 �the entire six acres be developed under one development plan; however,
acres s control siiould be exercised to ensure that future land use decisions
;�Thich are made in the area are compatible. He added that the a�ditional
'driveways onto Rodrigues may be more detrimental than to leave the
accesses as they presently are.
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sIn regard to access to Blaney, Cor.un. Hirshon asked what the plan is for
�Price Avenue at tne present ti;:�e. The Planning Director said it has
�only been discussed briefly, to date.
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iThe Assistant Planner said the property owner to the west of this
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€pragerty aopears to have ansolutely no plans to cje�:elop his property,
,so an overall develop�ent p.lan would be very hard to put together at
;this time. �
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nroposai is $Comm. Puetz felt that the entire piece should be reviewed at one time.
for strip �He feels the Planning Commission should initiate proceedings to have
zoning �the entire piece rezoned, otherwise this would be strip zoning.
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Ap�.licant's ��Ir. Charles B. Clifton, 10241 South 131aney, Cupertino, said the 20�
stateM�nt �easement is tied to all three pieces of property noca. This was put
in the deed 15 - 16 years ago, witli no ti;,le limit on it. He said he
�tried to get his neighbors t�gether to discuss a planned �evelop�ent
�for the 6 acres but was not successful,
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i•1INUTFS OF THE I�'(�,RC�I 13, 1972 PLANNING COi�1ISSI0N i-1�ETING PC-54
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Chairman Meyers noted that duplex zoning requires H-Control review. C�.uster would
He asked the staff what they envisioned on this property. The make better use
Planning Director said a cluster here would be better use of the of the land
land. At a later date we may have a better zone to attach to this
property.
Comm PllP_t2 asked if the applicant �oas anxious to get going here, Applicant wants
or if the matter could sit ror two months or so. i�1r. Clifton said to pursue
he would like to get going on this at this time. Co*nm. Puetz noted Idevelopnent no*.a
that this zoning will dictate the development of the surrounding (
property.
Comm. Hirshon was not convinced there siiould be R2 on this property.�Concern for
He felt it would be better to coordinate the effor.t here. increased
;ir . Nelson Dennis said he has a contract of sale from ??r . Jarvis . traf f. ic
He feels it �aould not be desirable to have Rl facin� Lake Bilt�ore !
complex. Comm. Hirshon noted there already are some single fa�:ily �
homes facing Rodrigues. ?Ie was concerned aoout the increased �
traffic. I
The Planning Director corimented that the only ordinances we have � Appl=cant
today to get a coordinated effort here would be Cluster and PD. ;preferred a
Both call for precise plans. Chairman �-leyers noted thar_ usuall.y, � denial to a
he was not in favor of continuing applications but in t:�is case it i continuance
might be a good idea. This would give the staff ti::ie for further �i
study. Comm. Hirshon agreed. Chairman 2�ieyers was in favor ef R2 !
here, but it should include an overall p1an. Tne applicant said �
he would prefer to have a denial than a continuance. �
Moved by Comm. Puetz, seconded by Comm. I�irshon to close the Public i Publ.ic t.earii_�
Hearing. I closed
Motion carried, 3-0
Moved by Comm. Puetz, seconded by Comri. Hirshon to deny application 1-Z-?2
1-Z-72 without prejudice because the agplicant is asking for strip deniec
zoning, not because the Conunission is against R2 zoning.
AYES: Comm. Hirshon, Puetz, Chairman i�teyers
NOES: None
ABSENT: Comm. Buthenuth, 0'Keefe
Motion carried, 3-0
PC MINUTES OF THE MARCfi 13, 1972 PLANNING CO�iMISSION riEETING
Page 4
2-TM-72 Moved by Comm. Puetz, seconded by Comm. Hirshon to deny application
denied 2-TLI-72.
AYES: Comm. Hirshon, Puetz, Chairman Meyers
NOES: None
A£SENT: Comm. Buthenuth, 0'Keefe
Motion carried, 3-0
The applicant �aas told this matter cauld be agpe3led to the City Council
in writing within five days.
2. Application 2-Z--72 of �•lay Investrlent Company for rezor.ing 3.4 acres
from County A1--40 (Residentia�-Agricultural Single-fat��ly, 40,000
sq. ft. lots) to R1C--7.5 (Single-fa�ily Residential Cluster, 7,SOG
sq. ft. per dwelling unit). Said property is located,on the
southwest corner of Rae Lane and McClellan Road. �'irst Hearing.
Original The Planning Director referred to the staff report of '_`iarch:l0, 1972.
proposal The property is presently in the County. They are as?cing for R1C,
denied be- based on 7,500 sq. ft. homes. The property �aill al1o��J a total of 15
cause of homes, but it is the recommendat�en of the staff to elir�inate one of
linear nature these units. The new and old proposals were placed on the bulletin
of p7_an board. ��e said the first proposal was denied because of the linear
�zature of the plan.
�1.�anges to P-�r. `_•iarty Hall, 10211 °ubb Road, Cupertino, said each unit wi11 have a
the progosal 2-car garage and private yards in a<.ldition to the common area. There
will be four partially two-story units. He said they have tried to take
into <ccount al.l ti:e input from the previous public hearin�s when they
put together this new proposal. The units on Rae Lane have reen pulled
back and staggered sone�ahat.
8 cut at The Traffic Engineer answered Comm. Puetz that Rae �Lane was cut about
_�IcClellan 8 feet at �1cClellan, due to the difterence in elevation. Cer.:rs. Puetz
nated that the east side of Rae Lane does not belong �o P1ay Investment
Cor.:pany, and he wanted to rnake sure that we are not crea*_itig a
hazardous situation here. The Planning Director said this will be
checked further at Tentative Tiap tin:e.
Comm. Hirshon aslced if. an exception to the Ordinance �,�ould be required
here since they are all.owed 14.6 units here. The Assistant I'lai�ner
aaid the Ordinance allows for this f iexibil�.ty. rir. ��i:�rty Iiall, :�ay
Investrsznt Cor�pany, explained that in 1959 or 1970 tliey a�;reed wirh the
City to donat� 37' for Rae Lane, whi_ch caou]_d havc al1_owed the other
.4% needed to comply with the Ordinance.
MINUTES OF THI� ISARCFI 13, 1)72 YLAIVNINI CO`L"IISSION MLETING PC-54
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�Comm. Puetz said it is unacceptable to him to have only a half �r.:pr.ove entire
street en.trance onto Rae Lane. This would create a hazardous street up to
corner. If they improve the entire street up to their driveway the driveway
on Rae I,ane, he feels it: would justify al.lowin� the 15 units here.
The Assistant Planner ans���erecl the Chairman tllat the bank area was
cor:iputed in the open area..
`'Ir. Hall ansT��ered Conm. Puetz that they are hopinQ to form an In {avor of an
assessMent distri.ct �aith the City, �vhic:� th� C�ty feels wou�.d be assess�:ent dis�.
the best way to develcp iicClellan in t=iiat area.
Chairman �leyers asi;ed £or corunents f.ro�i tize audience.
Mr. `iel Glass, of Linda Vista Drive, sai;� in discussing this U�ith Neighbor in
the applicant he was asried his opinion. .3e said. he would pre�er favor oi this
to see ttiis type of de��el_opr::ent tuc:�:ed into �.i�i.s corner than what
happened, for instance, on Bubb Road.
Cor.r:i. Hirshon said he woul.a go aleng ?vith the 15 un�_ts he.re, since �::ore 1 unit
it would have been allo� anyway e„cept �or t:�e a�c�itional 37
feet on Rae Lane, but he would like to see the one unit i:� another
location than jutting into the co:�mon green area. i-ir. �iess said
that if it is the desire of the Plannin�; Com:�ission, that unit
could be placed near the iirst curve of the interior road.
Com�. Puetz said those units have otner views, and he was not in
favor of moving that unit. ��1r. Hall said he li�ed Cor�.ri. 'r'_ir.shon`s
suggest�on of putting t�.at home on an angle to so�ten the e��ect
on the open area. Chairman .ieyers said he �vauld like to el�:�inate
tr�at 15th unit, but he recognized the econo:^ic �actor invol.ve�.
i�Soved by Comm. Puetz, seconded by Conm. Hirshon to close the Public �:enrir.�
Public Hearing. closed
�iotion carried, 3-0
Nfoved by Comm. Puetz, seconded by Comri. :iirshon to agprove applica 2-Z-72
tion 2-Z-72 with the 30 conditions (changing item 15 to 15 units) approved
in memo of :larch 10, 1972; furtnez: Condition 31. If this develop w/conditions
ment does go ahead tney must make full street improvenents on Rae
Lane from McClellan to the private driveway of thP project.
AYES: Comm. Hirshon, Puetz, Chairman Meyers
NOES: None
ABSENT: CoMm. Buthenutn, 0'Keefe
r:otion carried, 3-0
PC--54 MINTJTF.S OF TH� i�1�yP.CH 13, 197'7.. PLANNING CUI`�'iISSIUN .
Page 6
3. Application 2-U-72 of Ditz-Crane to alloca the construction of 214
residential signle-family units caithin a P(Planned Develop:^ent)
zone. Said property is lccated a� I�omestead Road and �3iue Jay
Drive. First Hearing.
Areas o£ The Planning Director noted tha� t' proposal re�resents tL^e second
concern phase ef the deve:iopment at Blaney anc� Homestead P.oa�+. There are
�f Fhase II five areas of concern:
1. Provisions of nor*herly raMp for Torre Avenue ehtension.
(Labeled on site pian as "proposed street")
2. Sound protecr_ion from freeway.
3. Comparison of second phase open space plan to original �evelop;�ent
p�an approval�
�f. Locat�_on of delux tcao-bedrocin units relative to visual privacy
factor.
S. Off-street parking.
In anstirer to C'�airman i�feyer_s' quest�on, th2 Plan��i_n�, Director said the
�:-ContrGl has approved a sound barri_er. �i� a��.ded that t1�e;� have tried
tc correlate the apen space areas �,*ith those appr�ved for Phase I. A
cross�sect=orl showed the relatio� of t�e units ro one another.
�vi?_lir,g to t'lrchitect 4,iarren Gi_lbert, 168 .3a���son Street, San .Jose, said Ile a�reed
e�iminate :aith the staff that they are encroaching on t�ze s�all open areas. He
one unit s«id they are willing to eliminate one unit. He went over the two bas�_c
typ.�s ot ��:teriors on the units. He said ti:ey ieel that their ,slight
changes and tiie e.liminai�ion of cne uilit w:i1;. corif_orm �,��:ith the intent
ot tt�e approved ;eneral_ dev-�1opn:ent plar�.
De��eloper Chairman :�eyers said hF tinde� stood this � in a 3--ycar time fra��e. �ze
Taants to put as'_ced if ttlis ti�:�e frame has been sl�orr_enea.. I?e also noted tllat Cc��nc�lman
it all Frolich had stated t�at he did not �•aant to see a,�.�all of buildi_n�s here.
tooetlier I�ir. Pat Q`Conne.l.., Ditz--Cr_aiie representative, sa_i_d r_here is a 1-year_
�1eL�ta�ive ?�Iap on tlie er.tire parcel. .ie wouic�. i_ilce to have this pinnec�
aown not:� so they will icnc�•a wliere Torre Avenuz is actually ;oing. He
has had no cant-ict froi� the 5tate. �ie sa.id his instruc�_ions fro�� Di_tz-
Cra:�e are to proceed *frith tt�e enzire �levelor?.n�nt a� this tir:��. H� a.dded
r_h.at the un�_�s are goiu� to be so e.-:u: nsive they cari't �o t_hrough F?Itl.
_Fror:i a me::chandisin� sr��ndpoint, t:�iey are �ail]_ing to �o �loi�b �vith the
recom�nendatic�n on the soLYncl mound, ii� sa:i�a �`ir, Cornelius is not
involved i..n t_l�is.
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MINUTI:S OF THE t�1ARCII i3, 1�72 PLl�NNING CUi°��1ISSION P�1EI�;lING PC-54
Page 7
Mr. 0'Connell said tt:ey do not: �,isl� to partic.ipate in an assessr..ent Council. �aants to
district. 7'hey caT� desi;;n the peripheral street at a high enou��h see e� fect o`
elevation to tie in �.�ith th� overpa•as. �ie said Phase II wil]_ be tli P':zase Z before
sarne as Phase I. C�-.airman ileyer.s noted tha` th� Council has said Phase II is
they would. l�ke t:o s��e wi�a.t e� fect Piiase I. 1�=.s as to parking, approve<1
aesthetics, etc. ,;;e?:ore Pi:ase II is arpreved.
Chairman �:eyers asr:ed. for cor.;nents fro�! ttie a�!dience. `•ir. Robert: Their uevelop--:er•
Karpen, .1.0463 Cliis. :1�reriue, Cuper':ino, noted t'r:a,t a.t this tii.14� on Fcot�iill I�'_v��
a devel�pmerit on 1'oethill. �'lvcl. does not see�� as nne?z as the proble_��s
City was led to '�elieve it ��otild be.
�'he Ylannino �i�-ectol- ans� Comm. Hirsho.� t:hat it i_s the respon-
sibilit;� of the deve �_oper ?:c� ��evelop the road at the correct
elevation.
Comm. }�irshon was �_nterested ir. the relat�ion of r;:�� ele���ation oi P;'�ase � park:i:;:;
unit E ti�i_1_h tlle adjoinin; unit ._r. Gil'�:���t sa�_ci fih�s is about ratio is hig�i:���
20 f.eet from naturai grace anci 16 fe�i_ £ror� ad.jac.ent, reigh�orin;
patios. He added t'_za� they are jo��i�� *he �ence a.n� autting in
trees to rel.ieve the monotony. The first unit nas a:zigi �arki_n�
ratio because it has the lar�e stai�ir:ling roo__,
rlovec'•. by Comm. Puetz, seconded by Comm. Hirshon_ to close the Pu71ic Pub� �earin�:
Hearing. ci cse.i
�Sotion carried, 3-0
;Ioved by Co�r,1. Puetz to agprove application 2-U-72. The �otion
died for lacl.c of a seconci.
Com.^�. Hirshon wanted to cl_arify the status o� the appr.oval of the Phase II could
use permit. The Assistar.t City Attorney sai.d that iz there is any be hel.d up or.
hesitancy as to approval of the second stage, due to reasons of denie�u
health, safety and welfare of tile community, such as the sound
mound, it might be reason enough to substantiate a denial or a
deferral of the aprlication.
Chairr.ian :�eyers and Comm. I:i_rshon both felt that Phase I was ap-
proved with the idea tnat they caoul.cl like to see how it turned out
and perhaps some mi.nor changes �oould be warranted *or. Phase II.
Comm. Puetz said �ae are not increasing the density or parking re-
quirem�nts. For each two-bedroo*.n dwelling unit they will have to
�;rovide 3-1/2 parking spaces. i�lr. 0'Conne]_1 noted t}zat all 62
conditions on Phase I have been included in the CC & R's.
Considerable discussion fa.11ot�ed.
PC--54 r1INUTES UF THE P�ARCH 13, 1972 PLA?VNING COriMISSI�N riEE'TING
Page 8
2-U-72 Moved by Comm. Hirshon, seconded by Cor.un. Puetz to approve application
anproved 2--U-72 with the following conditions:
c.�/conditions
1. The conditions s�t forth in Z'lanning Commission Resolution No. 928
shall apply to the extent that t�ey do not conflict with the
conditions enumerated herein. In the event a conflict c3oes exist,
the conditions enumerated :�erein shall apply.
2. The total number of dwelling units shali nct exceed two hundred
and thirteen (213). A revised plan snall be subrnitted to tne
Pianning Director reflecting the open space relationships expressed
in the development plan approved as a condition of zoning approval.
3. The apnlicar.t s�all subr.lit a plan to the Architectural and Site
Approval Committee ca'tiicn provides for the storage of two garbage
containers.
4. tio Uuilding permits will be issued until the complete of the
models for Phase I and until one of the clusters (approximately
30 units) is built.
AYES: ComM. Hirshon, Puetz, Chairman :�leyers
NOES: Nene
ABSENT : Comr.1. Buthenutiz, 0' Keef e
:lotion carried, 3-0
+GENERAL PLAN REVIEW
Chairria.� ���eyers said that since the General Plan will be a very im^ortant
issue during the r.ext year or so, it has been su�gested thar the Planning
Co�^�ission meetings coL at 7:30 Pi�` and the General Plan ti�ill be
discussed until 8:30 P�1.
:�eetings to So �oved 'oy Comm. Puetz, seconded by Comm. ciirshon.
start at
7:30 F�� Motion carried, 3-0
Senior Planner Adde Laurin presented some of the statistical background
used in preparing a General Plan. He plans to go into specifics beginning .
with the nexL meeting. Some of the references used are: U.S. Census
complete printout, 1970 Land Use Study, Census Tracts, Block Groups,
i�iap showin� Jurisdiction, �•1a_p sno��in� Popt�:lation, '�iap showing Number of
Dwelling I;nits (otianed-rented-vacant} , Lanu IIse Sur.vey i•1ap, and ?leig��borhood
.Zaps. _ -
P1IivUT�S OF T�II: iIARCIi 13, 1.972 PLANNING CO.�`i2ISSI0N �IEETING � PC--54
Page 9
UNFINISFIED BUSINLSS
The Planninc Director said the review of the channelization of SCB channeliza-
Stevens Creel�_ ulvd. ,�rill be discussed at the ne.:t meeting, when the tion on ne
other Co:.lnissioners are also present. agenda
NEt� BUSIivESS
The Assistant Planner said several �ore Or��nances have been revie*.a'
by the staff . C�air:�aa tieyers s:�gf;es�ed ��iscussing �ore than the Factors to be
norTMal S"ttJ3Cl:5 fOY 2-srory UI11CS: D2r:1�L'S r(..'i3�1P_C it t0 a lin� Of COI1S1'_'eY'E? 1T1
Slt@ situation COI'.1::!. 'tilTS!lOIl Qll�SL.lOile:i Ci;� necess�_ty =OT' ST�P_C1 OrQ1P.2i1C2
fying �ininu� acreage �or the Ci.uster Ord��ance. Chai�nan :ieyers updatin?
introduced how a s:laller size lat could adapt to an a�jacent cluste
develop~ent. Com:�. Puetz ��ould like to see the Ord�nance nave a
provision for underground pari:in�.
REPORT OF PLA�NIN�s CO:TMiISSION -- There was none.
REPORT OF PLA;iNIN�;� DIRECTOR -- There was none.
ADJ OLR:�_�IE.�T
Tioved by Co^m. Puetz, seconded by Cot*in. Hirs`�on to adjourn the
u�eeting at 12:20 �`i.
Motion carried, 3-0
APPROVED:
/s/ Robert W. Meyers
Chairman
ATTEST:
/s/ Wm. E. Ryder
City Clerk