PC 08-13-73 CITY �F CUPERTINO, STATE OF CALIFORI�?IA PC-121
10300 Torre Avenue, Cupertino, California 95014 Page 1
Telephone; 252--4505
MINUTES OF THE REGUL�'1R rIEETING OF THE PL�'VNING COr�-1ISSION
�iELD ON AUGUST 13 , 1973 , IN TIiE COUNCIL CHE1?�1BER
CITY HALL, CUPERTINO, CALIFORNIA
SALUTE TO THE FLAU ,
Chairman Buthenuth called the meeting to order at 7:35 P.M, with
the Salute to the Flag.
ROLL CALL
Conun. present: Adams (7:45), Gatto, Nellis, 0'heefe,
Chairman Buthenuth
Comm , absent : Nor�e
Staff present: City Attorney Adams
Associate Planner Co�•;an
Traffic Engineer Grigg
APPROVAL OF A1I�?U�ES: Minutes of Regular rleeting July 23, 1973.
Moved b}� Comm. Gatto, seconded by Com.m. Nell.is.ta approve the
Minutes of. ,Tuly 23, 1973, as submitted.
Motion carried,3-0-1.
Chairman Buthenuth abstained
POSTPONETIENTS: ApplicaLion 9-U-73 - Continuance requested by
staff and property owner.
, Mr . Burrell Leonard , 19165 Pruneridge, Cupertino , said tt�e tin�e of
this bec?y should not be wastecl until the problems are re�olved
internalty at Vallco Park. The tank is too high; the noise level
is too high; the l���ation is too clvse to homes; and although
excavation has be:en suggested, Union Carbide is n4t agreeable to
this. He asked for a one--month deferment on 9-U--73.
rloved by Conun. Gatto, seconded hy �omm. Nellis to continue 9-U-73
to Septeu�ue 10, 1973.
Motion carri�ed, 4-0
?C-121 MIrNTES Or THE AUUUST 13, 1973 PLANNING COMMISSION MEETING
�age 2
WRITTEN COMMIJNICATIONS
1. A letter from T,destridge Countr_y Club Homes regardi.ng the Pl�nning
Commission's feelings to�ard commercial development at Stevens
Creelc Blvd. and Foothill Blvd.
2. A letter from an individual in.dicating his feelings toward
commercial use of the northwest corner of Stevens Creek Blvd.
and Foothill Blvd.
t ,
The Associate Planner said the Plannin� Corunission, at the last meeting,
felt that they could continue discussion of the Infilling of the Core
Area at this mee�ing, but lle did not think time ��ould permit it at this
meeting.
Chairman �uthenuth said he was in receipt of �� pet:ition regarding
commercial at Foothill and Stevens Creek Blvd. area.
The staff was instructed to put a11 these communications into the file,
to be reviewed along with Neighborhood Commercial.
ORAL COr1M1�NICAT IONS
There were none.
PIIBT IC HEARINGS
l. CITY OF CliP�RTINO: Public Hearing to consider 1973 Comprehensive
General Plan.
rIOTE: The above public hearing regarding th� General Pl.an will
last until 10:00 P.M. at this meeting.
The Associate Planner gave some background material on factors leading
up to this public heari.ng, fo.r che henefit of the audience.
Discussion commenced on Area l�A, the Lower Seven Springs Rarch. The
Associate Planner referred to the lengthy staff ineMO of August 10, 1973
on this area. Class I and TI soil are consider.e�i pri.me agricultural
soil.
Chairman Buthenuth called upon Mr, Burr.ell Leonard, long�-time orchardist
in this area, for comments.
MINUTES OF TH� AUGUST 13, 1973 PLANNING COMMISS�ON MEETING PC-121
Page 3
Mr. Leonard sai_d Class I means the best soil anywhere in the world
California has 1%or 2% ot its la'nd in this category. It can go
down quite deep. The cl_ass depnnds upon hoca deep ttie soil is as
well as. its qualiY_y.
Comm. Gatto asked tiie staff's detinition of Pol_icy 1 on page 3 of
the staff report. The Associate Planner said he had spoken to
someone at the County�about this and he learned that you can�t
pinpoint these areas. He noted tha.t Policy 1 says agri_cultura7_
land should Ue preserved and Polic_y S states ttiat local government
should discourage conversion of. agricultural land for urban use
unl_ess it is an orderly and necessary extension of existing urban
use. Firm pol_icies regardin� scheduling urban expansion in rela-
tion �o planned growth rates should be adopted so agriculturists
may have a firm, long-term basis for their management planning.
The County is basicall_y saying Class I and II land in the Santa
Clara Valley hinterlands should be preserved.
Comm. Gatto would like more detailed i_nformation on ho�v the County
h3s classified the Goils.
Mrs. Dorothy Varian said she has sat in on quite a few urban
open space meetings. It might be worthwhile to have the staff
check with the Conunittee working on this concept because it is
more involved than just taking prime Class I and II land.
The Associate Planner sai_d the County is involved in this as well
as the subcommittee of the PPC. The Planning Policy Committee's
� Hillside Subcommittee's recommendation is on a slope density.
The Urban Development Open Space Cor_unittee is cozzcerned wi.th all
open space. They published a tabloid newspaper with a map showing
the lower por.tion of Seven Springs Ranch as low density. The
remainder they specify as open grazing land.
rlrs . Lucien Hertert , San Juan Road , asked if we have contacted
Saratoga about this sin.r.e it is conti_guous wi_th Saratoga. She
caould like to see a regional attitude toward it. The Associate
Plann�r said page 4 of the memo gives the City of Saratoga's
input into this matter. About 70 of the 255 acres of the Seven
Springs Kanch are within the sphere of influei�ce of �he City of
Saratoga. Ttlese 70 acres a.re wi_thi.ti the upper hill portion.
There is the feeling that there should be a seconda.ry access road
to Regnart Canyon.
The Associate Planner po�.nted out that if the land is deve_loped
residential thei-e �,�ill. be s�ine traf.fi_c impacts, In the r«n�e cf
4 units per acre it �,rould increase the lane requirer�ients oL Bubb
Road to as muca as 2.4. The Fire Di.strict feels that if: this is
cleveloped another fire st-ation �rill. he needed.
�C-121. MI�'U'�LS OF THI: AUGUST 13, 1)73 PLAI�dNING CO:�IMISSION P�tEETING
Page 4
C:onun. IVellis aslcecl what the l.ane requirement would Le on Bubh Road
without development. The 1lssociate Yla�.iner said i.t no�a is L.6. The
top c�nd would l�� 'L,7 i.� t�ie slope d�nsiCy approar.h :is used. ,
Comm. 0'Keefe asked i£ a soil quality is required when property
is placed under the Willi�nson Act. 'I'he Associ�te Planner said
viability of soil for agr:icultural use is one factor. It is up
to the local jurisdiction to negotiate L
Mr. Jack Lyddon, otianer of the Seve:l Springs Ranch, said the quality of
the soil. was not a requirement; at least he �aas never required to
furnish such a report. Ttie Land Conservation Act, as he saw it,
was to proLect the farr_ier as long as he cvanted to farm the land.
The County Assessor's Office saw it differently.
Comm. 0'Keefe asked if there was a difference in the 4ailliamson Act
before and after 1969 `l'he Associate Planner said tiiat prior co
1969 the intent was to preserve agricultutal_ J_and, especially lands
attractive to urban devel.opment . tiIr , I,yddon said that in 1963 it
was not necessary to fa�m the land; it could be a horse ranch, for
example.
Cc�nm. 0'Keefe noted that the Mid-Peninsu.la Park District is inte.rested
in this property. He asked if it u�as correct that rir. Lyddon
had offered it for this purpose at a Fair market price. Mr. I,yddon
said he thought the City might offer to purchase the property at a
fair market price or r�linquish it from the City's sphere of influence.
He is not interested in a lease bac�. situation.
Conun. 0'Keefe said he would be opgosed to anything that �vould force
the property owner to oper�te at a loss.
Mr. Lyddon ans�aered Comm. 0'Keefe that the only contacz he has had
with Mid-Yenins�:la Park District was someti.me bacic when they were
interested in purchasing the Fremont Older ranch. He told them that
wtien they had the funds he would be tiappy te worlc out an aLrailgement
' with them. It was his feeling that they lia.d a champagne taste but
not ev�n a beer pocketbook. This i.s pri_me development land.
Comm, 0'Keefe said irritation riakes for high hepes.
Camm. Gatto asked the City Attorney ho��r this 6ody should trent this
property, knowing this is in the Gdilliamson Act, and also that the
Zon�.ng Map must '�e in COI1fOYff1c1I1C@ caith the Genera:l Plan. Chairman
Euthenuth wanted to go one step fur.tYier and ask if there can be an
overlayiiig zone Placed cn tIiis property. The City !`,ttorney said this
��roulcl 6e the best approach, You can, on your geTier.al plan, put an
overlaying or underlaying 2ane on property.
��_� 21 �IINUTES OF '��iE AUGUST 13, 1973 T?LANNING COPiMISSION MELTING
n�xr�f� G
The Associate Planner said tlie City has ctlec?c on the rnajor impacts on
� the Cit}- of ti:e cievelopment of. ttie Seven S�r �_ngs R�.ncti. Tr.e Fir�
P:istric� ir�dicates no �n��ac�; t':�c Sar.itary Jisrrict: i�.ldicates n.o
impact; and the Schaol Disttiict �aill_ t�e cl�eckin�, further on possib'e
impact.
Comm. 0'Keef.e asked the City tlttorney T�Tliat ti:e o;-t io�:s are before the
Planni.n� Commission 5�nc,e the eco�iomy for tiie d��veloper ;aould be to
develon all at once and �_t �vould be to t;:e Citv's advantage to �ha_�>e
the develop:�,ent . The City At.t�rney said Af3L�G has sonie inrarnati_on on
this. `.Ctie easiest is to zoile p�.Y of �e to agrlculttire and the rernainder ��
i.o resici�ntial. IIe ��ill check furtizer on tiie legal_ tools t�lat_ can b�
used to accomplish thi�.
Coir�m . J'Keef e noted tliat an EIR ���oul.d have to be � re�az ed . 1`1r . Lyddon
said he is a��are tlia� another scl�ool :aill pLobaUly be ne�de.d. Judy
Cooper said we need to i:ake int� considerat.i�n the ir.i�act cn the ��verall
services needed by a develo,szaent oi this magnitude.
Chairman Buthenutll said we hav�� figured '3ubb Road as t��o l.anes . He
asked -iF Lhe Traffic Consultant had :�ncluded Ra�nbow Drive fro�:� Stel_ling
to High,�ay 9 in the r_o ::lYutation. T:ie Traiiic �ngineer sa �d Bubb Road
would not ;et the majori.ty of_ the Seven S�rings LraffAc; Ste�l�ng arcd
Rainbow :ti7ould most of ir. Tne Associate Planner said that a meet_ing
on �his date it ��ras suggested 4 units per acre oL th� lawer Seven.
��rings Ranch area and one i�ni.r_ per acre �or the remainde
Mr.s L11C1_£�.'Il Hertert said when I,AFCO �JOl1F�C� .�ere dra,an u� it T�as
in stra�ght liiies rather than follow_i�g tne con�iguration of the land.
Sarato;a has sa:id that a11 of Seven Springs Ranch dra.ins tcward
Cuaertino and the Fremont Older propt=rty drains to��ard Sara�oga.
She would lilce to see t�ie Cupert�no City Cour�cil ador:t a pol? cy to�aar_d
the t�i1]_iamson Act, as other cities have done.
Mr ,.Iohn Kintala , 10101 Scen:ic Blvd . s�id the t,iilliaruson Act -aas to
er.courage the preservation of land. He r_ealizes t':ie County Assessor's
• Office has a different vie�apoint. He �eels this Planning Comm.�ssion
has a duty to n7_an thai: lanci for the Luture, ��.�hetaer it be for a park
or for residential. The tralfic si.tuation in that area depends u�on
erhat the City plans tor the Seven Sprin�s Ranc:�. r:� �urther sawd there
is no one developer �aho cai.11 go in there and dev�lcp 450 hornes at one
tiMe. He thougtit ttiis would he a 3-4 year develogT:!ent. He has bezn
dealing «i.tli the £amil:ies in t}iis area fc�r some time na�tiT. He rerer_red
to the s'avancovic}.1 s:�.tuatic�n �•ahere the Prop�rty *.��as de-anriexed und
anziexed by Sunnvvale. .i� �aid the far?.�ers ;et �ahat they c<�n for th�ir
property. They are lucky iL tl�ey can net $75Q p�r acre.
Comm. Nellis announced sYie c�aas abs�ain?n,^:, trom tnis disc�ission.
MINUTES OF THF AUGU5T 13, 1973 PLANNING CONITIISSION MEETING PC-121
Page S
Comm. Gatto asked what would happen if something other than agri-
culL use is �3lanned by the property owner, The City Attorney
said the City then gets i.nv�lved in prezon.ing. Since thi.s area
is not �aithin the im�nediate confines of Cupertino, the General
Plan does not have to be S�7PC1F1C This can be resolved at th�
time the proper.ty comes to the City to be annexed.
Chairman Buthenuth said he would lilce to see something established
at this time, as a guideline for the future.
Mr. Burrell Leonard said it requires a fairly substantial autside
income to make agricultural use of this land �vo.rk, chiefly due
t� the water situation. He painted a picture o� the supplementa.l
incomes needed by the early farm�rs in this area. There have been
many unsuccessrul attempts to locate water in t�iis area. He said
the Bra�ford Family raised horse.J on the 5even Springs Ranch.
Mr. Noor Billawalla, Saratoga, said there is an attempr here to
put agriculture zoning OI1 prime residential land. He feels there
could be 4 lanes on Bubb Road to handl� the developed property,
with the aid of transit. He brougiit up another issue, that of
the threat to the neighboring residences of the spxay used on
agricultural. land blowing over to adjacent properties.
Mr. Paul Mariani, Honiestead and Highway 9, said the economics
simFly will not permit agricultural use of Seven Springs ranch
without outside income. There is na caay we can keep these people
in agriculture without confiscating their land.
Mr. Louis Stociclmeir agreed with I�lessrs. Leonard and Mariani.
�Ii_s experience goes back some 75 years in this area. He has
prepared a compilation of geological structure of that area. �
It has a very remote chance of finding water for. the agricultur.al
use of the Seven Spri_ngs ranch. 'I'here has never been a good
irrigation we.11 in that district. At the southwest corner of
Stelling and Stevens Creek Blvd,, Mr. Euphrat went down 400'
and got very little water. Painless Par�.er spent thousands of
, dollars tryin� to find waCer in that area.
Ms. Judy Cooper., Hyannisport Urive, Cupertino, said this part of
the property in the lower section is of a ter.rai.n that lends
itself to being developed more reac�i.ly than the hilly portion.
Her concern i� the impact af the developnient of this property
on Cugertino and Saratoga. The fact. that this is under one owner-
ship meaiis it �;�ill proba�ly be devel.oped at one tinle ancl will have
. quite an impact on t.he roac3s SPWP_TS ��ater, schools, etc.
,�;�L2t MINU'LI:S OF THE [1UGUST 13, I�73 PI,LINNING C;GMM:ISSIC)N rII:ElING
, _� g
Discuss�.on next turned to ILI �emi--3evelcped R��sa-dential Areas Sec�.icn
tlrea A-- Ol.d �ionta Vista (Area deli: e�.teel '�;� Old i�onta Vista General
Pl.�an Rev . 3/31f ��} . Ch3i.r.�.an �uthenuth z•r«s in f_avor of c�Mbining this
discussicn �sith. the inf�_Lling of tile valley tloor in tliis area.
The :�taff feelG the present L�lan :is valid. tNhen the c,:iLy ;ets invo.lved
in the realignment of Stevens Creek :31vci. , t:�is would have an �_mpact
on this area and �t could be re-evaluated at tl�at tis.e. v�?e have data
no.� for the Steve�ls Creek BLvd. pl.an l�z�e but it is a queseion no�a oi
fir.dir.g staff t� vrork on �.t.
Comm�. Gatto agrees t'.~�ere :�_s the orporrunity fcr soma reha'oilitation,
etc. But there is a lot or history, etc., in that �rea thaL must be
L into consideration.
�Ir. Lcuis Stociclmeir Taanted to speak to th� �rope at the se�ath�aest
corn�r of Stevens Creek B1vd. and Bubb Road ��1hic�i is pres��nt:ly zoned
li.aht i�dustriat. He aslced i� they ���ouJ_d encounter any dii
if they find it necessary to rezo�ze to commercia?. on th�_s 29,000 sq.
.ft. loe. Comm. Nellis :�ould like �:o tirst d�scuss tila o:�erall glan
and tt:en gct involved i�� i:?di�ridual. n�rcels.
Con�:m. Nell�s asked c-�hat �he rationa]_e �:�as for S.8 d��ela_ing unzts per
acra in this area. The Associate Planner said this is suYposed to
ref:lect what is oresently �_n the area. It can oe equated 4��_th
typica]. 4 unirs per acre .
Com�. Nellis asked what the rat�ona.Ze taas behind the 1`o u:.its per
acre. Chairman Butilenuth said th�se areas shcrain�; 14 ro 16 units
per acre were comsnercial roning on the o1d County Plan. To encourage
the people, it :aas �elt mu]_tiple zoning ��.as a redevel_apn:e«t tool.
P�Irs . A�n �nger , ��onta V}_sta said �'.�at a couple of these _lots are
100 deep but only 25' �•ride. In mv�st cases, the ?_5' lots adjacent
to each other are under one ownerst�..i.p .
NIr. Stocklmeir said he o�as tilere �ah�n these lots r�Terz la.�d out.
Subdivision A and B��ere :1.aid out 10�J x 100 and 25 x 100 -- th�_s was
tihe pattern used Co get a larger amount of n�oney for the land.
Chair�an Buthenuth ans�aered Comr:i. Nellis ti�at at one time it ���s
commercial around OrangP Avenue ar.d Stevens Creek I3Ivd. `1r. 5tocklmeir
s;id theYe ��ras light indtisCrial use on Im,�erial Av�nu�. As to his
property at Buoh and Stev?ns Creek Blvd., he said this c�uld '�e useci
for commercial purposcs, fie asked if it �:�ould eric.ounter difriculties
�,aith it facing onto two streets ard since it i� presently zoned 1��'ht
industrial.
MIi1UTES OF TI�I: AUGUST 13, 1973 PLANrdII�G CO�L'�1SSI:ON MEETING FC-121
Page 7
Comm, Gatto said he is reconsiderzng hi_s po�iti.on far the retentio
of agricultural zoni.ng on ttiis pzopei-ty. The prime reason for
tryinp to keep this in agricul.tural zoi�ing clas because it is
unique and �sou_ld he a re:>ource r,•�ortii preservin�. It appears now
from testimony and :�tud}� that thi.s land .is not rluch different from
ad j acent land ��:itYi resicienti_al all over it . He thinks the sug-
gest �.on �,rould be to leave it zoned as - it is, as long as it remains
in the County, but our map shoul.d sho��� 1 to 4 units per acre on it
Comm. 0`Keefe s�i.d �his has not been pri��e agricultural Zand.
He feels it should remain in agri_cultural zoning (t•?illiamson Act) �
and should be zoned 0 to 4 units per acr.e and some phasin� should
be done. This leaves open the p�ssibi_lity for P1.�d-Peninsul.a Park
District to consider. this land.
Comm� Adams said he would �o along with the underlyin�; zone on
tni.s because in 20 years or so we will. be forced tc consider
r.esidential here. He £elt that 1 to 4 uaits per acre �,Tould be a
good densi_ty here,
Ctiai.rrnan Buthenuth �•rould ]__t�.e to see it shoc•m on our. General Plan
as agricultural �ri.th unde�-lyina residential use. Until it comes
i_nto the City, it wauld be agri_r.ulLural. He asked the City Attorn_y
cahat this does to our Genera.l Plan if it shows t;�o uses . The
C Attorney said it �akes it a mo realistic p.l_an. As long as
it is tinder ttie tlilliamson Act it �aotild be agri.cultural. �ti�hen i_t
is no longer i.n the A.ct the zone G7Cl11CI be 1 to 4 units per acre.
Conun. Gatto said this �s basicall.y the �ntent of this discussion.
The Associate Pl.annpr as}ced if i_t could be sho�wn on �he Genexal
Plan as residential and the policy statement cotild ..hota tiie presen .
use. Chaii �uthenuth preferred th.�� approacY� taken by the City
ALtor.ney.
�IINUTE OT�ER :
� rioved by Comm. Gatto, seconded by Conun. 0'Keef.e that the lower
portion of the �even �prin�;s Pancti, lcno�m as Area 15A, be designat d
on th� long tE��_�m General 1'1ai� as residential_, 4 t.n-�ts per acre,
witli the Wi.11.i.amson Act Loning to be in effect until such tirne as
i.t is teruiinated.
AY�.S: Comm. Arlams, Gat_to, 0`Kec;ie, Chai.rman I3uth`nuth
NUES:� None
ABSTAI�IF..D : i.onun, htellis '
:�lotion carried, 4-0-1
Co��i. 0'Keeie �aould lil:e the considerations of. Sa��atoga, ph<�sed
devc3lopment a.nd close coordination with the schco]_s on this
�r�perty.
P1I\TLi'1'ES OI' TIlE �'�UGU5T 13 , 1.973 P1�Ati`NI;`1G CO`iPtIS5I4.1 �tI;E'tI2dG PC-121
I'age 9
�is. Juanita .1cLaren, 22101 T�.ndy Lane, Cupertino, said that for
some �irne now ttic:Le have been a number o{ people in Monta Vista
�.Tho hot a peti.tion trith 12G0 sig:�a�ur.es togeti��r to I.ut a banlc
faci l ity oL P�ir . Stocklmeir �roperl��. Sl�e said one is needed
in this area und it t:ould L an asset to th� Ca.ty. �
Comm. Gatto feels pro�essiona� of£ice zonin�; ccu]�d take this use.
He woLld be hesitant to give it cor�mercial zanin� because that
opens niany doors. Chair�a�.ii1 ButhenLt�� said Professional off.ice use
couJ_d be tied in �-�ith the existing l��ht industri:�l ar.d he �aould
no* hesitate L rhis. �
r•
Co*:s��. Adams said the add� of lceepin� that srna11 �arcel for�light
indusr_rial are slim. Hc ��ould be in f�vor of professional ofiice
or bank eype usage here. Conu 0'Kee`e agreed.
Comm. Nellis agreed �aith professional office use :aith related
comMer.cial w�uld be appropriate here.
The City attorrtey said :�Je mz,ht h;ve to go to soL�e sort af_ PD zone
here. There �aas hesita�ion aboue a YD of *h�s size.
Conceusus: The Pl.ai :n?n,�, Co�nmissioti taants �o ��e a bank l�ere, Bank could go
- on Bubb/SCB
Mr. To:n Traemer. , Va11ey Green, aslced ;•aliat ComM. Nellis meant b}�
relaf,:ed com.mer_ci�l. :�iore parltyn� sp<.ces are reqt.iLed under com- _
mercia � than professional off ice . Cor��m, ile�lis � t::at bR!lks ,
etc. , co.:.e unde�. our this category in our pr.esent ordinance.
Moved by Comm. Nellis , seconded by CoT��r.i. Gatto , to contit:�.�e the GP Hearing
public hearing on the 1973 General I'Ian to Wedneseay, A�agust 15, coiltinued te
1973 , 7:30 P.M . Au�,ust lSth
�
Mot�on carried, 5--0
Chairman Buthenuth called a at 10:03 P.�1. The meetitlg
recoizvened at 10:23 P.M. •
Chai� Butlienuth annou,lced ttiat hc��i-ings on a� plications
�f-V-�73 and 6--��--73 �aould be comhined since tliey concerned rhe
sa::�e property.
PC-121 MINUTES flF THE AUGUST 13, .1973 PLA.I�?NING CONLMISSION MEETING
Page 10
2, Application 4 V 73 of MITGHELL �AGAR f..or Variance to reduce side
yard setback requirer.lent for a dupleY zone frem 1?_ feet to S feet
4 inches. �a�d pro_?ert}� is in a R2--4.25 (Re�idential, Duplex,
4,250 sq. ft. per d��rellir.�, unit) zone and is located on the
south�est c�rner of the interseceion of Iio�;ue Court and Randy Lane.
First Hearing continued.
3. Application 6 V 73 of i��ITCHELL BAGAR fo�r Variance to reduce
front yard setback requirement for a duplex lot from twenty
feet to 14 feet, 6 inches. Said property is in a R2-4.25
(Residential, Duplex, 4,250 sq. fC. per dwelling unit� �zone t'
and is located on the southwest corner o� tne �ntersection of
Hogue Ccurt and Randy Lane. Firse Hearing.
The Associate Planner stated Chat 4-V-73 was discussec� at length at
the last meetin�. It �aas decided the ot�zer variance should be
advertised and discussed before a decision is made on 4-V-73.
The side yard varianc� request is a result of the incorrect placement
of the home on tr,e.tentatzve map. The staff's positicn is that it ,
:aould be to the City's advantage to anprove the variance and alloca
the a�plzcant to add atlother duplex unit to a no�:conT�rrling use in
or�'er to bring the subject property up to design standards of new
dupl.exes in the area. The front yard variar.ce request is a result
of the City's requiremenL for a 1.0' dedication on Randy Lane. If
appr.oved, the site plan and architectural plan of tne builaing will
have to be agproved by the H--Control Con.mittee.
Chairman Buthenuth noted that variances require �hat hardship be
demonstrated. The Associate Planner said that the City required
dPdication for Randy Lane. If the house weYe sho�ar, correctly on
the tentative map, HQgue Court could have been shifted ar.d possibly
it would have avErted the problem.
Comm. 0'Keefe said the street can be upgraded k There is not much
chance of moving the structure because of the basement, jde have the
opportun�ty here to have this existing building upgraded.
The City At�orney quoted the requirements for granting of a variance,
including exc�ptional or extraorditlary circumsta�ces. He said it
would be within our legal rights to grant this variance.
Com,-n. Nellis pointed out it is only one at one point where the curvature
of the sCreet comes in close to the building, not the �.�hole side of the
building. '
The Associate Plann�r noted that this is not 3C1 uncommon situation in
Cupertino. There are some duplexes �aithin 12' of the street.
MINUTES OF THE AUGUST 13, 1973 PLANNING CO`�IISSION MEETING PC-121
Page 11
Mr. Jerry Fitzgerald, 10191 North�Blane;r Avenue, said the Camarda
house was put right in the middle of the proposed road. IL was
well under way befare this problem was caught. The Bagar hous�
was not a part of this subdivision �Then it came in. The house
was located in error on the rnap. With the realignment of the road
his lot �ras cut into 7 instead of the 8 he could have gotten if
the area had been squared off.
Chairman Buthenuth asked for comments from the audience. There
were none further.
Moved by Comm. Nellis, seconded by Conun. Adams to close the 4-V-73 &
Public Hearings on 4-�1-73 and 6-V-73. 6-V-73
Public Hearin�;s
Motion carried, 5-0 closed
Moved by Comm. Ne11.is, seconded by Comm. Adams to recoml�:end to the 4-V-73 &
City Council approval of applications 4-V-73 and 6-V-73 with the 6-V-73
3 conditions in the August 8, 1973 staff iner►o and Condition 4: approved
Said variance shall applq only to existing structure and not to
the land .
AYES: Comm. Adams, Gatto, I�ellis, 0'Keefe, Chairman Buthenuth
NOES: None
Motion carried, 5-0
4. Application 5-V--73 of ESTATE HOMES, INC., for Variance to
increase the fence height in a duplex zone from 6 feet to
a maximum height of 9 feet involving the rear lot lines ot
Lots 2-11 of tentative map 6-TM-73. Said property is in a
R2-4 . 25i. (Resident ial , Duple�: , 1-story , 4, 250 sa, . f t. per
d�aelling unit) zone and is located adjacent to and easterly
'' of Maxine Avenue south of Homestead Road. First Hearing.
The AssocS_ate Planner stated that one condition of the apnroval of
this tentati.ve map last June �,tas that the ueveloper ��as to hi_re
an acoustical znginee to try to solve ih� decibel prob.ler.�s.
He has reco:nmended a 9' sound barrier for lots 2 through 11. The
appli:canr is before H-Control now.
The Associate Planner answereti Comm. Adams ttiat there i.s a 2' drop
in elevation bet�een lots 7 and 11. The 9' recomriendation in the
one area is in relation t� thE he ight of the property to the freewa .
There F:ere no comments from the audience.
PC-121 rtIlv'UTES OF TiiE AUGUST 1? ]_973 PLANNIIv'G CUI�IMIS.�LQN 1`t�ETIIv'G
Pa�e 12
5. Application 7 V--73 ef STUART KAD��S for Va�iance to increase the
number U� t;E'_TC;il.ttc]tj StOY12S fOY c;. S1ri5.�.e resici�n`ial
s*rt�ctur� f:rom 2 t<; 3 storzas , Saiil prop�..rty is ir: a R::.-10
(Resi�.iential, Sinf;l�:-Lamily, i0,00Q sq, ft, �er d�,Tell:�ng unir)
zone and t11e addr�ss �s 11476 Lindy Pla.ce, First H�arin�,
I The Associate Planner lor_ated the lot on the topo map. Lo�s in thi.s
are� vary in si_ze from 1.5 to 4 acres. Plans submi.tted to the Building
Department for this 1ot s.zo�as 3 lev�2s. Th� present ord�n�,.nce allows
3U' hi�h and 2 stories, t1 thi.rd story can be a'.1o:ved if not used for
1i_ving space, This o was desi.�ned for d�valoYment of the flat
l.ands. The Planning Commiss�on discussed lasr_ yea.r felt�tnere shcul.d
be sozne lat�_tude given to architects of hillside homes. It is reallv
a hardship to limit a site cut OIl t;��o pads to be l�.ini�ed tc� 2 stcr�_es .
There is onlv cne rooir.�, the master bedroom, on the third tloor.
Cc�nr�. Adams asked if we will, in the future, have changes ta this
ordir.ance. He asked if it is not our ir�tent to make th:is ordinance
m�re flexi.ble to permi.t nillside develon�nent.
Chairman Buthenuth aslced for comments f�'om the audience.
Mr. Ken Booth, 21802 Lindy Lane, saici his back �ard w�ll look u� ;t
this 30' struc�ure. He feels t�i.s is a rathQr "���ay out" d.esi�;n
and he feels that houses snould be designed rtore in keep�_ng with the
area. Th�s design is too imgos�r.g. His hotise �s a 2-nad house de,igned
by aa arch:Ltect in h�.s fa::ily. Tr�e highest point is so�leth�n� like 15`,
He suggested P�r . Kadas r. edesign t.zat house .
Mr, Robert Rodert, 21912 Lindy Lane, said his home is in direct view
of this proper_ty. He took a picture of the vieca from his home.
It was his vier,apoinC the home under construct�on is noL co:npat�ble
G:ith th� area. Wnen he moved into that home h� �-�as under the imaressi.on
thare �ould be no further build�_ng in th� area. He feels the pro�osed
plans are a:z intrusion �n the azea. He and his =tai�e p�lled the
i�eig;.�borhood and nobody spoke in favor of th�s plan.
Mr. Richard Silvas, 21719 Lindy Lane, lives ne.xt door te Mr. Kadas.
IIe said these '_zomes are the f.irst to lie seen as you er,ter the area ,
H� fee]_s this �lan is objectionable as you enter tl�e area.
Mr. John Steltzmiller, 21950 L�ndy I,ane, said this would be directly
across from his home. He env�_sians t�i�_s as a mass of wood a�id pillars.
MINUTES OF THE AUGUST 13, 1973 PLANNING COl`�IISSION I�'�ETING PC-.121
Page 13
Ms. Juanita McLaren, 221-01 Li_nd}� Lane, lives just ahove Mr.
Steltzmiller . Sr,e is char_ging her viec��s in sorie of her ideas .
She is now Chairman of H--(:ontr.ol. She said she is concerned
about the large home belo�? her, about the appurtenances she has
to look�at. There is roo� fer improvement and control. She
�oould like to see an ord�.r.ance or some guidelines to cover this.
She would li.ke very mtich to see the Candy Rock area green.
She said she is opposed to the proposed plan.
Conun. Nellis said this a.ppl.icati_on is for variance, not design.
She asked the City Attorney if the discussion should be confined �
to the variance. The City Artorney said we try to allow a certain
amount of latitude.
Mr. Bill Foley, 21952 Lindy Lane objects to a 3-story home looking
down on his Uack yard, as he thinks everyone on the Plannin�
Commission woLld.
Mr. Richard Colson, 21902 Lindy Lane, �aants to go on record to
express a strong reluctance to seeing this structure bu.ilt.
These lots are large size and he does not see where there is any
basis for. a hardship.
1�Ir. Kaaas said S--K Designs has been buildinb custom homes on
Lindy Place for .3 year.s no�a. He said he could just sticic to the
point of t.he variance, but therc� are a number o� people here.
Tf i.t wer_e IlOt for the cone-shaped terrain, thei.r h�me prooably
c�r�uld he like Bay�aood Terr_ace. Fven the most standard home b�ilt
on this lot at the �op of the cul. de sac �,Tould look d�=.�n on these
homes . A great dea.l of time and tl:ougnt was devoted to this type ,
of hame. As to hardshi_p, he said ].�e is not a���ealthv t��an and they
did a complete topogranhy design here which is over and above
thzs subdivision. There are a lot of people who happen to favoL
custom design but he did not bi:ing any of them to this mee�ing t.o
speak on his behalf . �-iis intentions have been to upgrade
Cupertino. His homes riin in the $90,000 to $200,000 ran�e.
Nol�ody up there has ].a�;dscaped yet -- they are ne�a home.s . tNhen
you have custom hcme�� oi: the hilltop they are bound ro look down
on som�body. From a hardship stan�point, he ha� a set o£ pians
that were dc.signed e��pecially fc�r this ho�ne. IIe does not use the
same plans t�aice. He is trya.ng to kec�p tlie hotise to t=1ie terrain.
He pointed out he is iiot puttirig three stories c�n one pad. It
Look him 5 manths to c?esign this nouse. ?�ia:.y thcusa::ds of dollars
c-JOrth of landscapin? zs to go in yet. 'I'he people livin� in thesn
custom iio�nes tiiiuk tliey are the greatest . IIe 6�liev�; that
custom hcmes are a credi.t to Cupertino.
I'C-121. P'[INU'I'ES OC� THE AUGt1ST 13, 1973 F?LANNIi1G CC�^�1ISSION MI�ETiNG
Page 14
Mr. Booth said at least 50% of the homes i�p there are. custor.i homes and
he resc�nled having hi_s home re�. rred to as a tracr ��o,�e. 't-{e sa�_d
you see t:hat home that looics -�i%e a hot:�l. a1]. the �.vay f rom �-280 and
Lawrence Ex�?res.�way. �
Ptiblic Hear _n� Moved by Comm. Nell.is, secor:d�d by Comiti. Ga�to to clo;:e tne 1'ublic
closed Hearings.
Motion carried, S-0
Comm. Nellis asked if t?�is house would h,zve gott�n a buil�in� ^ermit
i� only �wo stori�s were used for living �urposes. If this were the
case, tlle Associ_ate Planner saicl it would "till ha_v� to come before
this body for mod:if ication.
Comm. Gatto said he do�s not think th_s particular desi�n in �his
partic:ilar si�uat:ian meers the Ordi_nance i'eyuirerlents, �?e does not
see cai�ere, Gvith a iot this size, the Qrdi.iance reciu?rements can't
be met.
Cemm. Nellis sa�d w� hav� to separate the architectural cozisiderations
from the variance request. 5he is not quite sure a comniunity �iZOUld
constrict desi.p,n so there �s a samerie5s. At least o months ago, the
Planning Conunission discussed an Qrdinance that would aZ1o�a a 3-story
structure �n the hillsides. It see�:le� reasona�le. T�iis erd�nance
has been �ut aside Cem�porar�l.y.
Chairman Buthenuth d�es not believe a variance shou:Ld be graz�t�d
on the basis of a custoi:� honie. Comm. Gatto agreed tliat this does
not meet any of the r.easons for granting of a variance,
Com.m. Adams a�reed that the architecturL�.l con*rol of this desi.�n
does not come before the Planning Commiss:ion. It seemed unfair. , ttiough,
since we kno�a we are going to change ehe Jrdinance. However, at this
point we dvn't know �ahat Che changes ;aill be. Timing is bad here.
Comm. 0'Keefe felt the Ordinance must be upheld.
7-J-73 Moved by Comm. Gatto, seconded by Cor:tm. 0'Keefa to recommend der_ial
denied of 7�V--73.
AYES: Comm. Adams. Gatto „ 0'Keefe, Chairman BuLhenuth-
NOES : Comm. Nellis
riotion carried, 4-1
� MINUTES OF THE AUGUST 13, 1973 PLANNING COMMISSION MEETING PC-121
Page 15
6. Application 9-U -73 of INTERSIL, INC. � Union CdrUide Ccrpora-
tion for Use rermit to allo�z the construction and oper.ation
of a nitrogen gas generat_�n� plarlt o,z a plan7.�=d manufacturin�
plant sr_te. Sa:�d property is ir� a P (Pla:ined Develo�ment
with light indtistr�al i.ntent) zone and is located at
10900 Tantau Avenue. First Hear�ng.
CONTINU�D FOR ONE MONTtI.
UNFINISHED BUSINESS -- Ther.e �vas none.
NELJ $USINESS
7. Environnental Review C�mmittee - Recommendation for
Negative Declarations:
(a} Application No. 14--EA-?3
App7_icant Stoiieson Development Corp.
Locarior. Northwest r.orner of intersect�on of
Stevecis Creek B7_vd . a;.id �1ary Ave .
Present zoring P(Planned Develo���ent ws_th ge.ueral
cot�uue_ inte_nt)
Discretiorsary Action Reqtiested :
?.riendnzent to use permit 2b-U-69
The Associate Planner said the �r�or� sheet spealcs to tha enti.�?
site, inclucling the r_estaurant. Thi_s ap?�licat in°�olves a
continued ph�;sin�. The chan�,e invol�7es the deletion of so�.�e
retail and profess�onai offic�e space to a theater.
M�ved by Co�ri�. 0'Ke�fe, seconded by C^:nm. Gatto to give a
Ne�ative Deciarat=ion ta 14-F.A.-73.
AYES : Comm. Adams , Gatto , Nellis , 0`Keef e C�12.1_'" Buti�:enuth
� NOE� : Not�e
Mo�ioi�. carried, 5-�
(b) Application No. 1.S-EA--7?
Applicant Paul J, and Janet J. DeL�er�edPtti
I,ocation Adjac.:�nt to and nortlierl.y �:.t Santa Paula
Avei�ue, a�prox. �s75 f�et easterly o� the
�nrersectian of Foothill I�lvd. and Santa
Paula Ave.
Acreage � . ?_�37 acre
Pre�ent zaiii.ng S�nta Clara County R1--10 (Resider.tia]_,s?n�;l
fam�_ly, l0,QG0 s�, f:t, per dwelli.iig un�t)
Discret�on�ry Action Requested: ApA 1i_cat�ioii ��or prezoning
PC-121 �tINUTES OI' THE AUGUS'?' 13, 1973 PLANNI:NG CQ"C�itSSIO:V ;LEETIVG
?age lb
The Associate Planner said this is a re�uest of a lot o;,rner in an
�znincorporated area for water service. Th� Con„� indic�ted no iMp���,
, Moved by Cor,.m, Gatto, seconded by Comm, Adams to give a Negative
Declaration to 15-F.A--7�.
e�YES: Comm, Adams, Gatto Nellis, O�Keete, ChaArman Buthenuth
h'O�S : �'one
f�
riotion carried, 5-0 ,
REPORT OI� PLA�;NI�,G CO?�li�fISSIOV
Gomm. 0'F:eefe brought up the matter of unsightly ant�nnas and their
accompanyin; wires strun� hapriazardly on the outside of otherc,-ise
attractive hemes. He would like to see the anteni�as �uilt into t�he
homes.
REPORT OF PL,AIVNING DIRECTOR -- There �oas none.
ADJOUR��IEI�(T
rloved by Co�un. Gat�o , seconded by Camm. 0'Keefe to �.
11:58 P.�1, to iti'ediiesday, A�.igust 15, 1973, �t �:�� P. I�°urn at
Morion carrzed, 5-0
�
APPROVED:
/s/ .;ohn td. Buthen.uth
Chair�an -"�'
ATT�ST:
/s �+tin, F. Ryder
City C�.erk