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PC 05-11-64 10321 So. Hwy 9, Cupertino, Calif., 95014 252-4505 C I T Y 0 F C U P E R T I N 0 CUPERTINO, CALIFORr:IA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION, 5/11/C4 PLACE: Auditorium, Cupertino High School TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS: 4/27 & 28/64 Commissioners present: Gatea, Johnson, Rampy, Snyder, Thomson, Frolich Commissioner absent: Adamo Staff present: City Attorney, Assistant City Engineer, City Planner, Recreation Director & Assistant Corrections to the Minutes of April 27th: Page 2, lines 3 and 4 should read: °matter of compensation is between the Consultant and the City Council." Page 6, para. 6, last line should read: "put in. Chairman Frolich felt that it would when the area is developed." It was moved by Comm, Snyder and seconded by Comm. Gates to approve as carreoted the Minute5 of Ap-ri1 27 & 28. Motion carried, 6-0 Chairman Frolich introduced the two new Planning Commissionera to the audience. III COMMUNICATIONS: A. Written: ' 1. Communication from County Planning Department concern- ing a change 1n zoning and a tentati~~ map proposal for property south of the freeway, v:est of Stelling Road, and west of the Garden Gate subdivision to R-12. In view of the large number of people in the audience to participate in the Hearings, Comm. Snyder suggested this matter be discuesed under New Business. 2. Letter from Mason Enterprises, Inc., requesting post- ponement of their Second Hearing for further traffic study. It was moved by Cotrmi. Snyder and seconded by Comm. Johnson to table appl. 112-Z-63, upon request of the applicant. Motion carried, 6-0 -1- 3, Letter from ALMADEN-WINDSOR DEVELOPMENT CO.: request- ing postponement of their Second Hearing, pending further traffic study. It was moved by Comrn, Snyder and seconded by Comm, Johnson to table application 12-z-64, upon request of the applicant. Motion carried, 6-0 It was moved by Comm. Snyder and seconded by Comm. Rampy that the wr3tten communications be received and filed and that the County Planning Commission communication shall be discussed under New blz~iness. Motion carriedy 6-0 B. Verbal None. IV HEARINGS SCHEDULED' A, MASON ENTERPRISES, INC.:- App3.'112-Z-63 to rezone 50 acres from M-1:B-4-H to R-2-H, R-3-H and R-24-H; east side of the Southern Pacific Railroad right-of-way, north of University Avenue. Second Hearing continued. Hearing was tabled, per request of applicant. B. CITY COUNCIL RESOLUTION g13: 6-z-64 to rezone 14.68 acres from R-1, R-l:B-2 and R-1-A:B-2 to R-E:B-4(Park); north side of S£evens Creek Blvd., 820' west of Stelling Road. Second Hearing. Chairman Frolich gave a resume of the Park Site Program for the benefit of the two new Commissioners and the audience. The Recreation Director then oriented them as to the park site locations on a city map. Comm. Thomson wondered if it would be wise to continue this Hearing until the next regular meeting sinee this was the first exposure the new Commissioners had to the park site program. Mayor Finch, who was in the audience, felt it would be of value if the Planning Commission could pass on these Resolutions as soon as possible since some of the ' Council members do not care to act on them without the Planning Commission!s recommendations. Comm. Snyder suggested they discuss the park sites, one at ~ a time, and discuss them. Comm. Thomson then asked if the Recreation Director would review the three original central park locations. Comm. Gates wanted to know what the speci- fications. for~a'elty;park,would be. The Recreation Direc- tor said that'it sho~:ld be located`Sn a populated area, near as possible to the center of'the city. The State " suggests parks be located ad,jacent to school sites to take advantage of the school grounds and maximize the tax dollar. The park sites would have.-those facilities not found on the school grounds, such as tot lots. There would be no dupli- cation.of facilities but would fill in the gaps left open by the school sites. n - He then explained the three ori~inal choices for the City Park: , 1. Lands ad~oini;ig Cdlliris'S~hoolo 'This land was rezoned , and,Will.becpme a'regional shoppl~ig center. 2. _Horse Ranch.. ThiS„would`Yi~ve been a supplementary park for the County's SteyeY~s`Greek Park, ~ 3, ~Lands acroas from DeAn22 College:"The developer for ` this property is now asking for reaoning and has it slated for 5 acres for a"culbural center and g acres for town housea.. ~ . , - . : r, Comm. Gatea wantefl to`know wha't the status of the rezoning far the;third choice is as of now. ~I~"was explained that ; ,.it is b.eing.held.up~ pending a~`solution to the atorm drains, sewers,'eto. , . At this point, the C1ty Attorney clarified the point that . _ the question before the Plannirig Commiusion is whether these , are good sites for park~ and theg h$Ve- ncthing to do with Eminent Domain progeedings. Comm. Gat2s asked whether they were to revlew tYiese sites irrespective of the financial sltuation. The City Attorney said`tri~~ must only decide whether these are gobd parY. sitea'and to inake their recom- mendations to the C1ty Counci7.. The Recreation Directox told of tYie reeearch done in choos- ing these park sitea'and explained thr:y are where 95~ of the people in Cupertino live. Comm. Gates wanted to know whether`any consideration was given to the lands ad,~acent to Lincoln Sclicol, Kennedy School, and Denton School. The Recreation Director said the Lincoln and Kennedy sites are not withln the city limits but that he would check on the Denton property. He said there is a definite popuaatiom movement toward the west and the south and that this park program was a 12 to 15 year program. The City Attorn2y stated that later on other Reaolutions of this kind will come before the Plann- . ing Commiasion. Only those sites on the agenda should be evaluated at this meeting. Comm. Gates wanted to know what the developer was planning for.thls property. The Recreation Direetor said that the ,developer wanted to put a cultural oenter on the front 5 , acres and towri houaes 'an the remaining 9 acres. He ex- plained that the Boy Scouts, ~F-H, e~c., would not be able to afford use of the1Y~ facilities because they would be too expensive. It would be an adult, spectator-type of enter- ta,inment. He fe.lt,the city,park would be complementary to the college.; one'whete peop~.e~wiiixld par~~cipate. He added that the Iibrar3rinay also"be on this site. Mrs. Joyce _ We11, 22432 Ba~ustr,ol Court, Cupertino, said this sounded . , . . good to~her. ' ~ Comm. Thomson wanted to share his v3ews of the city park si~e : -3- 1, He has heard from several sources that if the park were situated across from the college the studente _ would go over to.it and disrupt the mothers with small children and be generally destructive and disorderly. _ In h1s experience of living ~ust 60' from Burgess Park at Stanford Village, for 2z years the college stu- dents did not, to his knowledge, misuse the park, It _ is his opinion that the students at DeAnza who, for the most part will be living at home, will not start acting up simply because they are now college students. 2. As to the accessibility, it 'should be accessible so that all the people in the city can get to it. It will have pragmatic as well as aesthetic value. He said this is a besutiful spot with the oak trees, etc., and will reflect the old town square idea, whieh is an American tradition. 3. The third argument against having the city park at this location is that it will keep tax dollars off the rolls because of the commercial plans for this property. Actually, only 491 feet front on Stevens Creek Road and only 5~cres would be commercial. And we have been adv~5e~ ggainst strip zoning. Also, we have much unused co~m~TCially zoned land on the books now, It was moved by Cohun. Thomson and seconded by Comm. Gates to close the Second Hearing. AYES: Comm. Gates, Johnson, Rampy, Snyder, Thomson, Frolich NOES: .None ABSENT: Comm. Adamo Motion carried, 6-b Chairman Frollch felt there were two problems with this particular site, due to the proximity with the college site. He, too, has lived close to a college and has found that the "brown baggers° are a nuisance on the front lawns of .the nearby residences, The other very real problem is one of parking. He asked the Recreation DireC- tor what the plans for parking will be at the park. He was lnformed that no plans have been worked out as yet but that some off-street parking will be included. He felt that it should be kept to a minimum, however, and to retain most of the acreage for park facilities, The Chair.man then added that college students are pretty inventive when there are not enough parking spaces on the _ campus, _ It, was moved by Comm.. Thomaon'and seconded by Comm. Gates , , to.recommend ad"qption of Resolution 913. AYES: Comm. Gates, Johnson, Rampy, Snyder, Thomson, Frolich NOES: None : ABSENT.;, C9~?, Adamo Motion carried; ~-0 : . , , C, CITY COUNCIL R~S(~LUTION •g14`: 7~2-64 to re;zq}~e; 5 acres from R-1 to R-E:B- Park ; north side of Vass Avenue, east side o~' proposed Loakwood Drive alignment, Second Hearing. SMonta Vista Schooi) _ ~ : :r•.._. ~ . " ~ , . . . ~ . . . - The FteCi'eatio#1'Dire'ctor' atate~' there ie a growth pattern toward the we8t~'and the south; rience, this 3pcation was chosen. . . . Comm. ~homson noted this loc8t~lon is so near some developed land where the people haVe' not aeen f1t to;-a~inex to - , Cupertino. The Recreation Director eaid they are trying tp get. the. park land now and that it Wil] , be. deve loped when ~t~tie need arises inaybe 5 to. 7 years in the future. Qomrri. TYiom,son felt tfie area west z~f ~ubb Road.is potentially a larger area to become develop'ed`. It was announced that San Jose'has purehased a 10-acre parcel a8~acent to Jollyman Sehool, giving this area about 17 acres of park land: Comm. Johnson asked if the property behiz:3 Terrace Drive, near Bubb Road had'been considered, The Re.creation Direc- tor said that thj.s area is so mixed up with County, San Jose, and,Cupertino bbundariea that we could run into trouble. ' The Monta Vista School area in general was then discussed. ,:~.r:. The C~.ty A~torney said that County property ad~acent to a city ultimately goes irito the'cityo He cited the instance where Valle~o was increased`by 2/3 within one year. He went on to say the Legislature will solve th:is problem. Comm. Snyder felt that this p3rk site is too far removed from the immediate population. Comm, Gates noted there is a lot of undeveloped land in this area and it will probably be a desirable s}~ot for a future park. Comm, Rampy felt this was reasonably close to the Stevens Creek Park area. However, the facilities provided here would be differeiit.' There is alway~s t~he possibility, though, that nq more prope'rty wiSl be rieeded than;,is provided on the sehool grourid it'self: The Recreation Director noteci that 4 of the 5 park sites have been before the Planning Gommission and the City Council for development alrea@y. " He sald:.there is urgency for parke on the east side and'he-wanderS~fhow long there w1;11 b.e propert,y ayailable on the west side, The Chairman asked for commente from the audience. Mr, Alex Patrick, 22389 Balustrol Court, asked if there was not going to be land dona ted to the City for parks south of Deep Cliffe? The Re cre~tion Director said the park program can- not be based on assumptions. -5 - Mr. Tom Hunter, 22447 Balustrol Court; askeci if the Plan- ning Commis5lon turns down this Resolution whether the City . Council has the ultimate decision on these.things. Answer was in the affirmative. Mr. Hunter then asked if this is the minimum acreage needed. The Recreation Director said the 5 acres minimum ad,jacent to school grounds is recommended by the State. The long range plans for Cupertino call for 56.9 acres of park lands - ad,~acent to schools, but that dollar-wise, this is not politically sound thinking at this time. Instead, the park program is in the 12 to 15 ~ear, medium range. Land ac- quisition is needed now development of these lands will . take place as needed and as'it becoines economically feasible. The Recreation Director'Said triat he hoped to form neighbor- hood committees to decide what facilities are needed at each lobation: He explained the several possibilities. He aiso stated that policing is minimized when there is a neighborhood committee involved. Comm. GateS asked the Recre~tlon Director. to ou'cline the typea of developments that 3re now in the park site areas. Mayor Finch offered the information that the County is very interested in the McClellan Road area~for park sites. , Comm. Gates asked the number of living units involved in the area of this park site as opposed to trie number of living units in, say, the Wilson and Portal areas. He also wanted to know the reasonable pro~ected growth for this area. Although no specific data was available at this meeting, he was told the Wilson and Portal areas will be very densely populated. It was moved by Comm. Thomson and seconded by Comm. Rampy to olose the Second Hearing. AYES: Comm. Gates, Johnson, Rampy, Snyder, Thomson, Frolich NOES: None A8SEi3T: Comm, Adamo Motion carried, 6-0 It wae moved by Comm, Thomson'and seconded by Comm. Johnson to recommend adoption of Resolution 914 by roll call vote, bizt'_would 'like'to amend 3t in that the City Park Staff will restudy ~he are~ west'of Bubb R`oad;'soutk~ of McClellan. AYES: Comm, 3ohnson; Rattipy; Snyder, Triomaon NOES: Cbmiri: Frolicri - ' ABSTAINED: Comm. Gates ABSENT: Comm, Adamo Motiom carried, 4-: -6- D. CITY COUNCIL RESOLUTION 915: 8-Z-64 to rezone 5 acree from R-1:B-2~-to R-E:B-4 Park ; east end 0~ Price Avenue, north side of ~~gnart Greek. Second i~:aririg,. (GF11son School) Chairman Frolioh read the letters from the Law Office of Marlais and Hover, dated April 22iid ancl May llth. ~ . The City Attorney,distinguished between taking over the ownership of the property arid eimply.de.cid~ng whether or not this property is suited for park purposes, The.pttorx~ey!a lettere are tQ,be fi.led with the application as part of trie .r~cor,d.. It was ~noved by G.omm. _T.homsor~ and, ~econ~ied,.by Comm. F~ampy to qlose the.Seconc~ Hearing. _ AYES: Comm. Gatea, Johnsori; Rampy, Snyder, Thomson, Frolich NOES: None ABSENT : Qomm.~ ~ Qd,ama, ' Motion carried, 6-•0 ~ It was moved by C,omm. G`ates an,d seconded.b.y.Comm, Johnsori to recommend adoption of Resolution g15, AYES: Comm. Gaties, Johnson, Rampy, Snyd~r,.;Thomson, Frolich NOES: None ABSENT: Comm. Adamo Motion carried, 6-0 CITY COUNCIL RE$OLUTION 916: 9~2-64 tQ.r~zone 5 acree from R-1:B-2 to R-E:B-4 Park ; weat end of Stonydale Drive, east of Amelia Cou~t, SeCOnd.Hearing. (Stevens Creek School) . The Chairman asked for com~nents from the Commissioners. There,were none. He then asked for comments from the sudience. "~here were none. It was moved by Comm.~Snyder an3,s~conded by Comm. Rampy to close the Second Hearlrig. Mqtion carried, 6.~0 It was moved by Cor~m, Snyder and seconde,d.by Comm, Rampy to. recommend adoption o~-=~iesolution ~}16. - ~ AYES: Comm. Johnson, Rampy, Snyder, Thomson, Frolich NOE3: None ' ABSTAINED: Comm..G~,ates ~ AB5ENT;- Gomin. Adamo . ~ r . , ' ~ _ ` Mo~~ori.carriedf 5-.p; , ; , . . ~ , , , -7- : : F. CITY COtINCIE, RESOLUTION 91'~p. 10-Z-64 to rezone 5 acres from R-1:B'=~ to R-E:B-4 Park ; west;side of Portal Avenue, 100 feet south of Amherst~Drive. Second Hearing. (Port~2 School) The Chairman asked for comments,from the Commissioners. There were none. He then asked for comments from the . audience, Mrs. Juanita MeLareri, 22101 Lindy Lane, Cupertino, dlrected a quest~ori to the City.Attorney:, She,askefl him how long he felt the City can delay the deyelopment.of a property. The City Attorney said he would be assuming the powers of a ~;~ud~e if he were to attempt,to give.a specific,answer td that question. Extenuating eircumstanees.are taken into consideration when a case such.as this is taken lnto court. Mrs. MeLaren felt the owner of land should have the highest and beat use of h1s property. She appealed to the City ~o consider l,and that is close to the Foothilla for parks. It was moved by Comm, Gates and seconded by Comm, Thomson to elose the Second Hear:ing, AYES: Comm. Gates, Johnson, Rampy, Snyder, Thomson, Frolich NOES• None ABSBNT: Comm. Adamo. Motion carrled, 6-0 It wa.s moved by Comm. Tho,mson and seconded by Comm. Johnson to recommend adoption of Resolution 917 by roll call vote. RYES: Comm, Gates, Johnson, Rampy, Snyder, Thomson, Frolich NOES: None ABSENT: Comm. Adamo., Motion carried, 6-0 G. ALMADEN-WINDOR DEVELOPMENT CO.: Appl. 12-Z-64 to rezone 5.5 acres from R-1:B-2 to R-l; south end of Whitney Way, 380' east of Highway 9• Second Hearing. Hearing was tabled, per request of applicant. H. DfiEB CLIFFE DEVELOPMENT CO,c Appl. 13-Z..64 to rezone .5 acres from R-1 to R-2 -H; east end of,Riverside Drive. First Hearing. , Messrs. James Desmond and Goodwin Steinberg made the pre- se3itatSdn: Mr.: De$nYbnd explained this property consists of a 42 acre is land ,~utting into Deep Cliffe Golf Course. He said that a unique development has been proposed by Mr. Steinberg, the architect, which will preserve the con- tours of the la nd-and the trees. If this property were developed into R-1 it would require grading, shaving off the top of the hill, removing trees, etc. The propoeed cluster plan wonuld run 11 units to the aere and would preserve most o.f the natural beauty of the area. -8- - They will b~ 2-bedroom units of 1000,sq, ft, to 1200 sq, ft. and w111 rurl $ia0 to $200 p~r month. Each unit wlll have a magnificent v1~w. The exteriox,s.will have redwood siding and a 5 ft, parapet shingle roof line. 74zey will all be two-story units, The bu~ldings w311 be on a wood post system so as not to disturb the tree roots. TYie City Planner'was asked~ whether,he had any comments to rriaYte. He stated this-'~is -a..unique s,i;te, noting the stately ~ manor on the crest o£ the.hill and the magnificent view, He agreed that R-1 here wonld probably.deve~op into 21 dnita and would completely destroy the site . ~ He `Said that for aafe,~y sake, ,sidewalks woixld be needed between the build'ings and the street. The psdinance calls for'one gara~e and one parking space for each unit; but realistically speaking, five parking spaces are needed, The City Planner digplayed $1•~ cpncepts oP aeveral treat- ments of this property. He indicated t}}at the high riae apartment treatment would preserve the land most effectively and would impair the view for the leust rnzmber cF people. With R-1, all that would•be seen from above~would be row upon row of rooftops. The City Planner also stated this property could conceivably be used for a church, which could probah7,y„also utilize the present buildings, It could a13o be used for a restaurant or public !buildirrgs. In any case, the traffic problem would have to be reaolved, Chairman Frolich added the information that hlgh rise would demand ateel reinfor.cement and would no doubt dic- tate the use of more expensive building materlals than R-1 would. Comm. Gate~ said he is against leueling of the trees and felt tnat high rise would preserve the topography. Mr. Tom Hunter said that he would.be in favor of hi~h rise if the Planning Commission could nail the developer to St. What he meanC was, what can the Plann~ng Commission do to in~ure`the developer is:going to do what he says he is ~ going to do, once he gets the multlple zoning? The City Attorney said that with R-24 zoning the Planning Commission and the City Council have greater control than they have with, say, R-1, , Mr. Max Weil, 22432 Beluatrol ~t.,:felt that single family dwellings would c'reate iess'traf,fi~.;,. , , ;i Mrs. Anne Jagullo', 2~4;08 ~Haluatrol:_.~t,,,,.presented a peti- t.ion against re2oning of this property, signed by 29 ' residents ~in that area.::':~ , It was moved by Comm. Snyder and seconded by Comm, Thomson to receive this petition. Motion carried, 6-0 -9- Mrs. Max Weil, 22432 Balustrol Ct., wanted the Commission to know they are not above this piece of land; that high rlse would block their view, She added that it would be poor planning to have duplexes on the highway, then R-1, ;a;nd then multiples, Mr. Paul Morgan, 223g2 St. Andrews Avenue, asked whether . riigh rise would require a new application from the developer. Chairman E'ro.lich answered that a new city ordinance is in tkte making, with a spec:ific ordinance for high rise. It is still in the formative stage, however, Mr. Tames Gorrell, 22395 St. Andrews Avenue, wondered why single family homes could.not be put in and to only cut down the trees where absol-utely necessary. He didn't see any need to shave off the top of the hill. Mr, Sam Sersin, 22380 Balustrol Court, wanted to go on record as against high rise. He felt something should be put in that is compatible wlth what is already there, Mr. Alex Patrick, 2238g Balustrol Ct., was concerned with the traffic problems whioh will be created with the develop- ment of this property. Mr. Lyle MeCarroll, 22417 Balustrol Ct „ said that he is very disappointed to find he has moved into an apartment area. . Mrs. Patricia Anne Hunter, 22447 Balustrol Ct., cited the vacancy factor of apartments in other areas. She wondered whether apartments in the Deep Cliffe area could be rented, The City Planner wanted to emphasize that high rise apart- ments do not necessarily mean high density. He said they would create large amounts of green area. He plans to have more photographs at the Second Hearing to illustrate his point. Comm. Gates felt that communication between the developer and the residents is needed. Mr, Don Paulson, 22409 St. Andrews Avenue, asked the developer if he originally planned to put R-1 on this land when he purchased it. Answer was in the affirmative. Comm. Snyder felt that clu8terin$ would help to save the trees. Mr. Steinberg said that high rise.could present many prob- lems and that the developer's wishes should be considered. He added that a high rise retirement home would minimize the traff~iC problem, however. It was moved by Comm. Snyder and seconded by Comm. Rampy to close the First Hearing. Motion carried, 6-0 -10- V UNFINISHED BUSINESS: A, The fifth study session on the Proposed Zoning Or~lnances will be held at City Hall, 7:30 P.M., Thursday, May 14th. B, In regard to the communication received from the County Planning Commission, it was decided the Assistant City Engineer should convey the feeling of the Cupertino Planning Commission that R-12 in that area would be in violation of Cupertino's master plan in regard to density and associated problems, R-24 zoning ~hould be suggested. VI NEW BUSINESS A. Chairman Frolich reminded the Commission it is time to elect a new Chairman. They decided, due to the late hour, to take this up at the next meeting. VII ADJOURNMENT It was moved by Comm. Snyder and seconded by Comm. Johnson to ad~ourn at 11:55 P,M. APPROVED: /s/ Donald Frolich (;nairman ATTEST: Robert S. hook Secretary, Planning Commission -11-