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PC 04-13-64 ~ ~ 4 I 10321 Sa. Hwy 9, Cupertino, ca13f., 95014 252-4505 C I T Y 0 F C U P E R T I N 0 CUP HTINO, CALIFORNIA MINUTES'OF THE R~GULAR MEETING OF TTiE PLANNING COMMISSION - 4~13~~ PLACE: Board Room, Cupertino School District Office TIME: 8:00 P.M. I~ SALUTE TO THE FLAG II ROLL CALL: Commisaioners present: Adamo (8:45), Fitzgerald, Rampy, Small, Snyder, Prb2l.ch Commissioner absent: Thomson ' Staff preseritp City $ngineer, New C3ty Planner, ~ Asalatant City Engineer, Recreation Director 8a his Assietant MINUTES OF THE PREVIOUS MEETZNGS: March 23, 30, April 7, 19~ - It was moved by QomM, Snyder and,aeconded by ~omm. Small to receive,and file the Minutes of Mareh 23_, 30, April 7, 1964, ~ MotiQn .caxriedy, 5-0: III COMMUNTCATIONS: A. Written 1, Notice from Santa Clara County Planning Commission lndicating Unitarian Universal Fellow~hip requeat for Use Permit °or a Church Site E/S Stevens Canyon Road S of Old Stevens Creek Road. 2. T,etter from Division of Highways, enClosing a copy of tihe Freeway A~reement between the 9tate and the City of Cupertino. _ 3. Santa Clara County Planning Commission Agenda for gpr11 1.and.Summary of Action of March 18, 1964. 4. Announcement of National Assoclatlon of Housing and Redevelopment Officiala Workshop on May 17, 18 & 19. 5. Application for tract number for Gupertino Town Center Unit #1. ~ It vias moved by Comm. Snyder and aeconded by Comm. Fitzgerald to receive and file the written communicationa. Motion carried, 5-0 B. Verbal 1. The City Engineer introduced the new].y hired City ° Planner, Mr.. Adde Laurin, to the Planning Gommission and to the audier~ce. He eaid the City Planner should ' be eui'fieiently oriented to sit im on the next re~ular Planning Commission meeting. -1- Chairman Frolich announced that Item IV C shauld probably be- tabled since the Com~ission felt they could not reaoh a decislon until the ingress and egreas problems are resolved and the requested report from the City Staff is still forth- coming. It was moved by Comm. Small and seconded by Comm. Rampy to. table application 112-z_63 since the report from the City Staff has not been completed regardin~ ingress and e~ress. Motion carried, 5-0 IV HEARINGS SCHEDULED A. WARD CRUMP & ASSOCIATES: Appl, 101-Z-63 to"rezone 2~ acres from A-2:B_ to R-1; west side of Linda Vista Drive at Columbus Ave. (Ad,~acent to west boundary of Tract 3~+92, Baywood Terrace Unit #3) Tentative Map, 2-TM-64. First Hearing, (Annexation in progress.) Mr. Crump distributed plot plans to the Commissioners and displayed one on the bulletin board to show the exact location of this property. He explained this is a small piece of land laying next to his present subdivision.It is at the top of a ravine and, thus, the lots are slightly irregu- lar, ~1'he improvements w111 extend across the front of the Baker property, He said private roadways will be put in to provide drive- ways to the sub~ect two lots. Comm. Snyder asked the developer if he felt all the lots were lar~e enough to accommodate the size home he plans to build here. ~nswer was in the affirmative. Comm. Snyder asked if the Engineering Department has any question about the private driveways, The Assistant City Engineer said special conaideration will have to be given to obtain a right of surface drainage across the Dorsa property. There 3s an 8 to 10' drop between Lots 8 and 7. Mr. Crump said the right of drainage already exists so there is no new problem here. However, the back end of the lots will be ralsed so the water will flow to the front of the lots. The Assistant City Engineer sald there were no problems lndicated by the Utility, Watar, Fire or Health Depts. The Chairman asked for commenta from the audience. There were none. It was moved by Cottun. Small and seconded by Comm. F1tz~erald to close The Hearing. Motian carried, 5-0 Tt was moved by Comm, Small and seconded by Comm. Fitzgerald to recommend approval of appl, lol-z_63 to rezone the 2~ acres, subfeet to the 12 standard conditiona. ~ -2- AYES: Comm. Fitzgerald, Aampy, Small, Snyder, FTO11Ch NOES : None: . . , . '.l i ABSENT: Comm. Adamo, fiY~omaon • : _ . . , , , . , . , , . ~;r ~ . . ~ n.,. . ~ . Mot`lon, Carri~ed,, 5-p~ ~ , ,It was moved by Comm. Small and eeconded by Comm. Fitzgeraid that app1.~2-TM-64 for a tentative map be approved. AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Frolich NOES: None ABSENT: Comm. Adamo, Thomson ~ Mot~on carried, 5-0 B. DURA-S~TYLE HOMES, ~NC:. Appl. 3-Z~64~~d ~etac~ie: 35 acres from R-1.B-2 to PC-H; ea~t` sid~ of"~~'oothl3'1'Blvd. south side of Hartman:Drive. Second Hearing. Mesars. Engdahl and Ruth were present to give a recap of the previous Hearin~s and requested a decision at this meeting. Mr.. Ruth lndicated on a plot .plan which he put on the • bulletin boarc~ that of trie 204 living uriits,5~~ are R-1 lots and 15~ are for one 'and tivo-story seini-aatached : homes. R-1 is on 12.9 acrea, R-24 ie on 15.5 abrea, streets witl take up 4.2 acres and PG & E right-of-way will ta~te 2:4 acres. Ne~ acrea~e will be for 156 units and the net density wi11 be 10 unita per acre.."'There will be•52`~-1 homea, or 4 units per acre. Grosa acreage is 15.~ for R-1 and 19.1 for R-24. Gross derisity for R-1 i~ 3.3 dwelling units per acr.e 1nd 8.2 dwelling units per acre for R-24. He pointed out that the proper"ty to the south ~s 75~ ~-3~H. He felt that the way.the:Plan was laid out it would provide an excellent buffer.betw~en the preseri~t R-~-H and the already developed R-T." Chairman Frolich cau~ioned the applicant'that the R-1 portion would have to qualify under the subdivision ordinance. He asked if the applicanb preferred to wait until the new ordinance is Pasaed. Mr. Ruth then stated that this development would then have to go all R-24 except for the R-1 along the periphery 1~ order to qualify under the subdivision ordin~nce. Chairman Frolich said that maybe it would be in order to table this application in ortler to get an iriterpretation from the City Attorney, who'was not pres2nt at this time. The Chairman asked;if,~here were any comments from the audience. Mr. Jack Burroughe, President of the Creston Hom~;qwr~ersi Asaociatiori, wanted to go on record as their body beirig agalnst an~hing except R-l on thYs property. i~r, ~`F.a~r1. Phi1, Fe~}~ TNe~ Lan2, Cuper~inc~r gaid he was ~ , agai,nst ,angthir~g eXCept R-1, a1~0. • . -3= Mrs, James MacDonald, 10571 Ainsworth Drive, was concerned because only one dedicated street is indicated and felt the private streets would lead to deterioration of the area. The Assistant City Er.gineer said the City enforcea a street cross-seetiori for R-24 which is very similar to the standards of the dedicated streets: Mr. Leo Ruth asked the Corranission for a vote. It was moved by Comm. Fitzgeraldland seconded by Comm. Small to close the Second Hearing, AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Frolleh NOES: None ABSENT: Comm. Adamo, Thomson Motion carried, 5-0 It was moved by Comm. Snyder and seconded by Comm. Fitzgerald whereas, the Planning Commission has received oral and written protests from surrounding residents and; - wheneas, the proposed application does not appear to be advantageous to the property and improvements in the " zoning district and neightiorhood in which the property is located; now, there~'ore, let it be resolved that application 3-Z-64 be denled. AYE3t CbMtn~ Fitzgerald, Snyder, Frolich NOES: Comm. Rampy, Small ABSENT: Comm. Adamo, Thomson Motion carried, 3-2 Chairma~.~ Frolich advised the applicant of his right of appeal to the City Council.` Mr. Dan O~Brian, 22181 Alderney Court, Los Altos, wanted to commend the Planning Commission on their decision. He felt the voice of the people had been heard in this decision. C. MASON ENTERPRISES, INC. Tabled D. A. T. COOK AND RICHARD J. WIL,SON: Appl, 4-2-64 to rezone 5.5 acres from R-l:B-2 to R-3-H; west side of Foothill Blvd., 600~ north of Alpine Drive. Second Hearing. (Annexation in progress.) Mr. Cook presented a map ahowing sub~ect area; which has the creek along the back and a precipitous area to the , rear: This prb perty was purchased from Mr. I~wler in order to make t:he whole area aubdivisible: i-~.:,~.a Chairman Frolich read "a letter From the City of Los Altos wherein their secretary advised that their Planning Com- mission had no ob~ections to the proposed use of this pro- perty which borders Los Altos. Chairman Frolich felt that it is good thinking to keep the lines of communication open between borderir~ cities. This is discusaed further under "NEW BUSINESS." - The chairman asked for comments £rom the audl2nce. There were none. It was moved by Comm. Small and seconded by Comm. Adamo to elose the Second Hearing. AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich NOES: None ABSENT: Comm. Thomson , Motion carried, 6-0 It was moved by Comm. Small and seeonded by Comm. Fitz- gera3d to recommend approval of appl. 4-~a64, sub~ect to the 12 sbandard conditiona and the annexation proceedings. AYES: Corom. Adamo, Fitzgerald, Rampy, Small, Snyder, ±rolich NOES: None ABSENT: Thomson Motion carried, 6-0 • E. HYMAN'WEISEL: Appl'. 5-Z-64 to rezone 0.38 acres Prom R-2 -~H to R~3-H; we~t eide of Wolfe Road, southeast side ' o~' Calabasas Creek'. First Hearing. Mr. Weisel explained this is a triangular piece of,property acroas from h1s other development and is, unfortunately, ~ too small an area to develop under R-24. He felt that an R-3-A development here would be in aceordance with the immediate surrounding area. It was brought out that he helped to pay fcr the bridge in that area. Chairman F'rolich asked about the atreet improvements in this area. The Assistant City Engineer eaid there was a question of whether a eoncrete curb or asphalt burm should be used for these islands. Mr. Weisel said that in his previous debelopment he had'complied with the re- quirements set forth by the City, and that the asphalt burm was approved. Corr¢n. Fitzgerald asked how many units were contemplated " here. The applicant said that, unfortunately, not enough he thought there would probably be 6. It was moved by Comm.'Small and aeconded by Comm. Aampy to close The Hearing. - ~ AYES=: Comm. Adamo, Fitzgera-1d, Rampy, Small, $nyder, F't~ollch _ NOES: None ABSENT: Comm. Thomson Motion carried, 6-0 -5- It was mo?ed by Comm. Small and seconded by Comm. Fitzgerald to recommend approval of app1. 5-z-64, sub~ect to the 12 standard conditions. AYES: Comm. Adamo; FitzPeraid~ Rampy, Small, Snyder, Frolich NOES: None ~ FiBSENT: Comm. Thomson Motion carried, 6-0 The Chairman called for a 5-minute break. The Commission decided t.~ review Items IV F, G, H,.I & J together since they all concerned park site resolutions. The Recreation Director presented a map which graphically showed the Commission and the audience the proposed park sites. He said the City ~f Cupertino vaas barely t~~~o years old when they felt the need for parks. In 1960, a study of the situation was completed. Then in July, 1961, a study of this first study was accomplished. In the meantime, land prices spiraled and land adjacent to school sites ~vas developed. On July 18, i963, the City Council a~lced for another..study on parks. ' The Recreation Directcr said the State recommends 5 acres ad- ,~acent t~ school sites as sufficient for nei~hborh~od parks. In thQ course of his research,,P4r. Parham found that Cupertin- ians ?varit'neighborhood parks as much as a'central park. Since no property adjacent to a school site is available in that area, the central,park location vras chosen to serve as both central and neighborhood park. He.:said Q5J oi the people vah:~ live in - Cupertino live near theue p~rlc sites indicated on hia poster. He realized that land price5 are hi~h, but the farther a~vay you put the par'_cs, in less developed areas, the less they will be used. • The present bond issue is strictly for land acquisition. DevelopMent of these park sites vaill be handled through sales taxes and ~overnmental aid. He said that he hopes to form committees of interested people who live near these park sites to decide how eaeh shall be developed. The facilities for the central park shuuld be decided upon by all of these committees. The Chairman then read a letter from Nttorneys M3rlais and Hoover; asking that action on k2esolution g15 be.delayed until after the referendum on this property has been voted upon. If the people decide on an affirmative vote on this referen- dum the property will be 2oned R-24. Comm. Small wondered if the Council could pass these resolu- tions without compensation to the prcperLy o~aners. This vaill be checked' out' wi.th- thE Gity ,Attorney. _o- Mr. Irwin Mittleman (Mason-Crocker Corp. representative) 1050 University Drive, Menlo Parlt, said that hls Feelings about Item F, Resoluti~n 913, were reflected in the letter from Marlais and Hoover. He ~-Janted to knc;:v where they stood. He also pcinted uut that Mason Enterpriaes, Inc., and Mason-Croc'.~er Corp., are tnro entirely different organizations and tnat he represented the developers of Peppertree, Mason-Grocker Corp. He wanted it in the record that they cvere opposing this .rezoninc~ o~i the grounds that: it was confiscatory, it freezes the property; these resolutions are an attempt *o roll back the clock in terms of logical zonin~; and the size and location of the Central Park do not meet the needs of the City of Cupertino. In addition, thie park urill no~ only be accessible to 95~ of of the Cupertirio Citizens, it will also be accessible to residents of Mountain View, Sunnyvale, Santa Clara, Los Gatos, Saratoga, etc. He also felt it ~~ould duplicate the facilities now available at the schools and those which wi11 be at DeAnza Junior College. His final ar~ument was that the County will'soon come i'orth with a 6-3/4 million doilar bond issue for parks and in his opfni~n,.,the econo- mics of it indicated too much is being attempted at this time. In addition to park site acquisition, there will be the improvement and maintenance costs. He felt that in- stead oz callin~ it the,Gentr3l Park it should be called the b7est Valley Drive-In Picnic Grounds. Mr. Edward J. Kulliclc, 20820 Bonny Drive, Cupertino, (Peppertree SubdivSsion) said that he is in favor of parks and does not ob~ect drivin~ to them. The Recreation Director was then asked if hE vranted to rebut. He said tl~at Cupertino could most certainly afford this ~?ark pro~ram. He said that Cunertino is trailing behind Sunnyvale, Santa Clara, and. other neighboring cities in this respect so most li~cely those residents will take advantage of their oarn parks. He pointed out that in Detroit, Michi~an, there is a ratio of 1 acre of nark for ~very 50 people. He stressed the fact that every effort will be made to avoid duplicatin~ facili~ies. He said that Tot Lots are especially needed and are not of~'ered at the schools. He pointed out that a lot of today's tensions can be eased bq recreation, well planned and handy. Mr. Parham introduced Mr. John Pletch, the San Jose State College student who, for his internship, is putting in a 40-hour work week in the Recreation Department at no cost to Cupertino. He said that with the present facilities and per'sonnel, 3800 People are bein~ served by tne Cupertino Recreation Departme.nt each vreek. It was moved by Comm. Snyder and seconded by Comm. Fitz- gerald to continue the First HearlnQs for Items F, G, H, I, and J ur_cil d~pril 27th. -7- AYES: Comm. Adamo, Fitz~erald, Rampy, Small, Sn~der, Frulich NOES: None ABSENT: Comrn. Thomson Motion carried, 6-0 K. JOHN Fl'_vD ANTOiJ ShICfi: Appl. 11-Z-64 to rezone l.ll acres fr:~m R-1:B-2 to C-1-H o tiaest side of Saich ~~Jay at Park Avenue: First Hearin~. Mr. George Bronner represented tne Saich Brothers. He presented a map shovain~; the overall plans for the property and said this application was tq request an extention of the C-1-H zoning on the remainder of their property. Mr. $ronner commented on the wish to rnak~ a Wilshire Blvd Miracle Mile out of Stevens Creelt Blvd, saying that ',7ilshire Blvd has inadequate parl:ing and strip zonin~. He said the Saich Brothers have a well planned use of tneir property and all improvements vaill be put in when'the first building permit is obtained. Comm. Snydcr said he vas unhappy about the development of the Hi&h~~ray 9- Stevens Creek Blvd area. l+lhen Mr. Bronner said that Gemco and the net~r Bank of _`~merica building speak for themselves, Comm. Snyder agreed. Comm. Snyder then asked DZr. Bronner cJhy that portion of the property ~ahich has been developed into apartment hoi~ses did not turn out like tne plans presented to and approved by H-Control. Mr. Bronner said this ~ras ~'~`natter betvaeen the developer and the property owners ~nd he would be ~lad to explain this privately to,the Commissi~ner. Mr. Kullick taonder.ed val.z~ this could not be discussed at this [~ublic Hearin". Chai-r~man Frolich advised that this First Hearin~ wa.s confined to the property on the west side of Saich Way at Park Avenue. It was moved by Cornm. Srnali and seconded by Comm. Rampy to close The Public Hearing. AYES: Comm. Ra mp~*, Small NOES: Comm. Adamo, Fitzgerald, Snyder, Frolich ABSENT: Comm. Thomson Motion died, 2-4 It was moved by Comm. Snyder and seconded by Comm. Fitz- gerald to close the First Hearing. AYES: Comm. Ad amo, Fitzgerald, Rampy, Small, Snyder, Fr olich NOES: None NBSENT: Co~nm. 'Thomson Motion carried, 6-0 _~3_ L. AMERICAN OIL CO.: Appl. 4-U-64 for a Use Permit for a -service station. Propei~ty zoned-C-1-H. A~proximately 1/2 acrE at.southeast corner of StevenU Ci-eek'~lvd. and GJo1fe Road. Continued: Nir. Fred E.'Chez, Real Estat~ BroYer, 912 Desert Isle, San Jose, presented the "Californian Styl,e" rendering of the proposed service station. He emphas3zed that American Oil is most will,in~ to put in any type of r~of material and 7landscapin~; aoreeable to Cupertino ;overnir~ bodies. Comm. Adamo asked for the lot size. It is 150' deep x 119' net usable frpntage. - Gha3rman Frolich asked for comme~nts from the audience. There were none. Tt was movecl by;Comm. Small and seconded by Comm. Rampy to grant a Use Permit under application 4-U-64: Hovaever, since the plans are not complete, there is the condition that c:mplete buildin~ and landscape plans must be ap- proved b;~ the H-Control committee and that they must adhere to Cupertin~ policy that tn~re be no beach balls, fertilizer fla~s, etc., displayed at the service station, and they must meet the i2 standard conditions. It was moved Uy.Camm. Snyder and seconded by Comm. Adamo to amend the above motion in that a contribution, amount 1;o be decided upon by the City Council, must be made tovrard a stop si~nal on the corner of Wolfe Road and Stevens Creek Blvd. Voting on the amendment: AY~S: Comm. Adamo, Rampy, Small, Snyder, Frolich NOES: None ABSTAINED: Comm. Fitz~erald ABSENT: Comm. Thomson . , P~otion carrie~, 5-0 Votin~ on the motion: AYES: Comm. Adamo, Rampy; S~nall NOES: Comm. Sn;rder, Frolich ABSTkINED; Comm. FitzgerBTd ' . HBSENT: Comm. Thomson - SYnce this vote would only`senve.bo-f urther delay action on this application, and uf~er checkin~-.the.minutes for„the previous vote by Comm. Thomson, Cha;~rman Frolich asked for a recalling of the vote:- : AYES: Cornm. Adamo;'~Rampy, Small, Frolich NOES: Comm. Snyd~x• ABSTAINED: Conm. Fitzgerald ABSENT: Conm. Thomson P~iotion carri~d, 4-1 M. APdTHONY LILLO: Ap~l. 3-V-64 for a Variance to allow a carport vahere Ordinance requires ~~ara~e. 20320 McClellan Road. Mr. Lillo presented dra.vin~s of tlze proposed carport and said 'ne wauld like thc decision based on its o~an merit. , It is not only a matter of economics; it is 4ahat he and his familJ* prefer. He said this car~ort cvould be obscured from McClelian aizd ~~rould be 163' from the center line of McClellan Road. Comm. Small asked if the present drivevaay is 25' . P~Ix'. Lillo said that, even thou~h thc- minimum requirement is 22' his drive[•?ay is 25' • Mr. Lillo said his properl;y is surrounded by undeveloped land and he has learned from the City Manager that only one building site can be on this property so;he has no plans for f uture development of it. Comm. Fitz~erald commented upon tne waste of g~od land because of the lack of an access street. Chairman Frolich wished to r.~ake a few commenbs: 1. 4dould a carport be favorable to adjacent property o;aner s ? 2. DJill this set a precedence? He suggested the applicant obtain letters from property ocaners to the East and the GTest, reflecting tlzeir views on this. It was moved by Comm. Snyder and seconded by Comm. Small to close The Hearin~. AYES: Comm. Adamo, Fitz~erald, P,ampy, Small, Snyder, Frolich NOES: IQone ABSENT: Comm. Thomson Motion carried, 6-0 It was moved by Comm. Snyder and seconded ~y Comm. Small that appl. 3-V-64 be recommended for approval, sub~ect to the condition that the applicant contact the property owners on the East and West sides of his land and get a statement from them that they are in agreement and that this would present no hardship on them. AYES: Comm. Adamo,. Fitzgerald, Rampy, Small, Snyder, Frolich : NOES: None ABSENT: Comm. Thomson P4otion carried, 6-0 -10- V UNFINISHED BUSINESS: A, Miscellaneous 1Vone VI NEW BUSIN~SS A. Miscellaneous 1. The Cupertino-Los Altos Planning Commissions' ,ioint meeting should be delayed until the general plan study sessions have been completed. The Assietant City Engineer was instructed to write a letter to this effect to the City of Los Altos. 2. The Chairman asked if anyone on this Plannin~ Commission ob,~ected to serving,at the pleasure of the City Council, until the general plan is cleared up? Every Commis- sioner present agreed to this. Chairman Frolich said that he would inform the Councll of this decision in his next report to them, to serve approximately one more month and/or until some new appointments can be made, since most of the Commissioners' terms are finished this year. VII ADJOURNP'IENT It was moved by Comm. Fitzgerald and seconded by Comm. Rampy to ad,~ourn at 10:55 P.M. APPROVED: /s/ Donald Frolich Chairman ATTEST: ~1-~~/-• ~-E-~~~ Robert S, Shook ~ Secretary, Planning Commission _11_