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PC 03-09-64 10321 So. Hwy 9, Cupertino, Calif., 95014 252-Lf505 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF TIill PLANNING CONMISSION, 3/9/64 PLACE: TIME: Cupertino Elementary School District Office 8:00 P.M. I SALUTE '1'0 Trill FLAG II ROLL CALL: NlNU'l'ES OF THE PREVIOUS MEE'l'lNG: 2/26/64 Commissioners present: Fitzgerald, Rampy, Small, SLyder, Thomson, Frolich Commissioners absent: Adamo Staf:f present: City Attorney Assista.nt City Engineer Comm. Snyder moved the minutes of' FGbruary 26, 1961~, be approved as read. I40tion was seconded by Comm. Fitzgerald. Notion carried, 6-0 III CONMUNICATIONS: A. Written 1. Request for a 2-week postponemGnt on the Dura-Style Homes, Inc., application. Comm. Small moved the 2.·vwek postponement on appUcation 3-2-64 be granted. Notion was seconded by Comm. Rampy. Motion carrl.0d, 6..0 2. Society o:f Planning Officials Bulletin. 3. Brochure from Saratoga Horticulture Association. 4. County Planning Commission letter requesting they be allowed to appear April 6th. (Nr. Belser) Comm. Snyder felt that this date would be acceptable, even though it is not a regular Planning Commission meeting night, and that it could be laced together with one of the study sessions on the General Plan. Comm. Thomson noted that this was a regular Council meetinß night and maybe the pubUc would prefer it on another night. Chairman FroUch asked the Assistant Cit.' Engineer to contact the County Planning Commission o:f:fice to see if Nonday, Narch 30th, wouldn't be a better choice of dates since this is a "5th Nonday"and is usually free. The Commission agreed this was good thinking. -1- Comm. Small moved, and Comm. Fitzgerald seconded the motion, that the written communications be received and filed. B. Oral The Chairman asked the audience i:f there were any oral communications dealing with other than the Hearings scheduled for this evening. There were none. IV HEARINGS SCHEDULED A. A. J. & H. E. WILLIAMS: from R-I-A:B-2 to C-I-H; Blvd and Stelling Road. a service station. Appl. 2-2-64 to rezone 0.77 acres southeast corner of Stevens Creek Second Hearing. App1. 3-u-64 for Attorney Jon P. Harward, of Nalovos-Nager & Chasuk, made the presentation. He stated that a service station would be the highest and best use of this corner lot because of the businesses already along Stevens Creek Blvd. He said the reason the property owners were not thinking about putting a professional office building here is that it is not necessary to have a corner lot :for that use, but that it is most desirable for a service station to b~ located on a corner. Mr. Harward explained that this application is different :from the one which was denied a year ago in that 92' along Stevens Creek Blvd, away from the corner, are not included in this application. The lessee now is Nobil Oil Company and they prop08e to build a station like the one at the corner of Stevens Creek Blvd and Wolfe Road. He emphasized the neat and clean atmosphcre which will be created by the lessee. Nr. Harward wanted to point out that this is not property that has been purchas8d for speculation purposes, but that it has been in the same family since 1886. The Williams si8ters would benefit by a lifelong income if this rezoning and Use Permit were granted. And it would be advantageous to the City in that it would mean the entire corner along Stelling Road and Stevens Creek Blvd would be improved. Chairman Frolich asked for comments from the audience. Nr. Edward Kullick, ~0820 Boru1Y Drive, Cupertino, stated that although only he, his wife, and Nr. Lewis were the only residents :from Peppertree who were able to attend this meeting, there were many others who were also against having a service station at this corner. He said that Nrs. Kullick had done a little survey work along Stevens Creek Blvd and came up with the following: MILES FROM TO NO. OF STATIONS - 1.6 Lawrence Sta. Rd. Saratoga Ave. 8 :!..,2 Saratoga Ave. Winchester Rd. 6 1.73 Lawrence Sta. Rd. Highway 9 9 .5 Highway 9 Ste lling Road 2 -2- Nr. Kullich wondered if perhaps the area isn't becoming saturated ¡qlth service stations and maybe', say, a medical- dental building would be a wiser choice. Attorney Harward suggested the 92' along Stevens Creek Blvd which has been withheld from this application would be very s~itable for professional offices. In reference to the remark that there already is a service station on this corner, Nr. Harward stated that it didn't seem fair that station should be afforded the opportunity of all the business simply because it was there first. He felt that "competition is the American Way. " Nr. Henry Lewis, 10166 Bonny Drive, Cupertino, said that . a year ago Humble Oil was all set to buy this property. He asked the attorney what his feelings would be if a service station were put directly behind him. He also asked the Chairman what the Planning Commission recommends for thls area. Chairman Frolich stated that until we get a zoning map from the planning cortsultants we are in no position to give any speci:fic recommendations. A year ago the Commission attempted to set up the criteria which would constitute desirable locations for service stations, one peing that it would be part of an adjacent business development which would create the need fop SUC.1 a station. Nr. Lewis suggefited this' property as a city park site. Chairman Frolich suggested !ill'. Le\11s attend the Council meeting on the following night, JIlarch 10th, at the Cupertino High School, when the subject of city parks will be discuSS3d. However, since this property fronts on Stevens Creek Blvd, it would be very expénsive and the' heavy traffic would not contribute to its desirability as a park site. Chairman Frolich pointed out another important factor -- that sooner or later this' corner must be opened up for the traffic and if the rezoning wer"e granted this would be accomplished now, not 5 years from now. He also pointed out that this location is about 800' from Peppertree and the lights and/or noise should not affect those residents. Nr. Kullick :felt that a service station would add nothing to the aesthetic value of this area,'so close to the new college site. He felt that the scrvice stations now in the area can amply handle the need. Attorney Harward countered with the arguments that the 25' width on Stelling and 15' wldth on Stevens Creek Blvd would be dedicated, as w.ell as the street lights, etc. He also felt that a clean, well kept service station such as Nobil offer3 woulddefinltely add to the aesthetics of the area, noting the òld buildings and shrubbery there now. Comm. Thomson wanted a few points clarified: 1. Is 25' enough to take care of that "dog leg" on Stelling? Comm. Small's answer was in the affirmative. -3- 2. Did the criteria for service 8tations,; which was formulated a year ago, include the number of service stations per area? Chairman Frolich stated that the only restriction of this type that he recalled was that the corner of Highway 9 and Stevens Creek Blvd was undesirable for further service stations. 3. Would the building come up before H-Control? Chairman Frolish said that the Mobil station on Stevens Creek Blvd, near the Mayfair Narket, was the first to come before H-Control, and they were very cooperative. It was Comm. Thomson's feeling that if a Mobil station were approved for this area they should upgrade themselves. Comm. Fitzgerald said that he lives in back of the Shell Station on Stel:Ling and it is always clean as a whistle. He said he would rather live there than behind some other business. Comm. Small said that his primary concern on this corner is the traffic problem. He wondered what is different here today from, say, a year ago. Within this time, 4 service stations have been pasSed which are not yet built. lIe felt that he would like to see some renderirgs before he voted on this application. Comm. Snyder agreed that this corner poses a very real traffic problem, but he pointed out that Lots 2, 3, 4, & 5 would still be restricting the traffic flow. Nr. Warner Wilson, the real estate agent, said the land in question was 170' x 157', less a 20' radius for the service station. Comm. Snyder said he has done some checking on his own with various service station operators in the area and he :found that most of them are "crying. U Attorney Harward felt this situation would be rectified in the very near future as businesses and college develop in the surround- ing area. Comm. Thomson asked if any of the newly approved stations would be on Stelling, from Stevens Creek Blvd. to NcClellan Road. Chairman Frolich said they were not. Comm. Snyder felt this corner probably is good commercial potential but could not agree that it is right for a service station. Comm. Small moved, and Comm. Fitzgerald seconded, to close the Second Hearing. Motion carried, 6-0 Comm. Small, in view o:f the fact that no renderings were presented, moved to continue this application for 2 weeks. Notion was seconded by Comm. Fitzgerald. Mr. Wilson stated that there is a Nobil sketch at City Hall but it can't be located. In the interest of his client, he was reluctant to have this aPPlication delayed for 2 weeks. The voting followed. -4- AYES: NAYS: Comm. Small, Snyqer, Thomson, Frolich Comm. Fitzgerald, Rampy Motion carried, 4-2 Mr. Wilson recommended Attorney Harward ask for a .decision tonight, which he then did. The Chairman asked if any of the Commissioners wished to make another motion. None was made, so the decision stood. B. DURA-STYLE HONES, INC.: This application was postponed for two weeks., C. ANERICAN OIL CO.: Appl. 4-u-64 for a Use Permit for a service station. PropertyzonedC-l-H. Approximately 1/2 acre at southeast corner of Stevens Creek Blvd and Wolfe Road. First Hearing. Comm. Fitzgerald abstained hecause his office is associated with this applicant. Mr. Endicott explained that he is an engineer with this oil company and is new on the West Coast. He explained that there are several choices of architecture available but that the one he chose to show the Commission was his favorite. It is an all masonry building with brick veneer front. Comm. Snyder asked Mr. Endicott why he felt this was a good corner for a service station. Mr. Endicott stated that he couldn't be specific because this was out of his field, but he did know that a survey group had been hired by American Oil to survey the whole bay area and Stevens Creek Blvd. in Cupertino is their choice as a good potential. Nl'. Endicott said that his company is not interested in putting in a lot of stations, but they feel they could get a lot o:f tourist trade since they are well known back East and they have credit cards; hence, their choice of site where there is a freeway interchange. Nr. Clyde Noel, 20101 Somerset Drive, Cupertino, asked if the market research papers are available to the Planning Commission. Comm. Snyder also felt it would be pertinent for American Oil to incorporate non-confidential market research information in their second hearing to help justify thi.s choice of location. He added that if this is the best corner in Santa Clara County for a service station then maybe we deserve the best station in the area. Nr. McCord, who said he is':the real estate agent for American Oil Company, said statistics were based on the amouht of traffic, .the fact that there is a large com- munity in back of. this property, that Stevens Creek Blvd and Wolfe Road will be connected with Homestead Road, there w:il1be a cpmpletecloverleaf here, and the poten- tial of Wolfe Roàd. ' -5- Comm. Snyder aslced if Mr. McCord had the in1'ormation on the percent 01' commuter tra1'1'ic a service station pulls in. Mr. NcCord said that statistics compiled by Standard Oil, 01' which American Oil is a subsidiary, indicated 60% transit trade and 40% home trade. Nr. Don Bandley, real estate agent for this property, said there are many yardsticks to use in choosing an area 1'or a service station. He has had six inquiries from oil companies for use of this property so this must indicate something. Medical and pro1'essional use of this property has also been considered. However, a major road, coupled with a secondary major road, indicates the highest and best use of this property would be a service station. To Mr. Kullick's question of whether they found it feasibß to have so many service stations, Mr. Endicott said that you can not compare how close stations are to each other unless you also compare the amount 01' traffic. He cited an example of American Oil stations in downtown Chicago where business couldn't be better. Chairman Frolich suggested Mr. Endicott bring other types of architecture for the proposed station along to the Second Hearing. Comm. Small moved, and Comm. Thomson seconded the motion to close the First Hearing. Notion carried, 5-0 There was a five minute recess. D. PALO ALTO MUTUAL SAVINGS AND LOAN ASSOCIATION: Application 5-u-64 for a Use Permit for a Savings and Loan 01'fice. Property zoned PC-H. Approximately 0.7 acr~ at the northeast corner of Highway 9 and Rodrigues Avenue. First Hearing. Nr. David Laing, representing the applicant, submitted renderings 01' the proposed Early Cali1'ornia Nission type architecture for their new building. He stated that, frankly, this was his choice of architecture, based on the facts that Highway 9 will probably be renamed De Anza Blvd., the new junior college will bear the name of De Anza, and the fact that Cupertino is steeped in Early California historical landmarks. In checking with the Fire District, he 1'ound that wood frame, with stucco on the outside would be acceptable and, of course, the tile roof .indicates a well built and expensive bUilding. The City Attorney pointed out that the Government Code provides a compatibility clause. Mr. Laing felt this type of architecture would be compatible with any of the town center building plans that are available at the present time. It was his opinion that the "glass and marble" type 01' architecture has been grossly overdone in the past few years. He added that his firm owns addi- tional land adjoining this property and they would insure that any lessee would erect compatible buildings. :"6':' Comm. Snyder was concerned with future control on the compatibility 01' the town center buildings, as more and more applications come in. Comm. Fitzgerald said that, at the present time, all plans are being coordinated through Mr. Rodrigues' office. Of course, this does not give City Hall any control over the situation. The City Attorney pointed out the civic buildings in Santa Barbara as a classic example of the mission-type of archi- tecture carried throughout. Nr. Laing felt that with the hills of Santa Barbara versus the comparatively flat of tre land in Cupertino's town center, the vantage point is quite different. He asked how many of the roofs in the town center would be visible at one time. :_1 Dr. Joseph Brown commented that the renderings presented by the applicant were just beautiful. Comm. Small moved, and Corom. Rampy seconded the motion, that The Hearing be closed. Motion carried, 6-0 Comm. Small moved to recommend to the City Council approval of appl1cation 5-u-64. Notion ViaS seconded by Gomm. Rampy. AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Thomson, Frol1ch NAYS: None Notion carried, 6-0 V UNFINISHED BUSINESS A. Niscellaneous --- None B. Time Extension on the Cupertino General Plan contract with the firm of Wilsey, Ham & Blair. Chairman Frolich advised that it would be wise to set aside several nights for study sessions. He also quoted from the ~mrch 6th letter from the Consultants and was concerned about the financial arrangements. It was his contention that the responsibility for the necessity of an extension of time lay with the consultants rather than with the City. The City Attorney advised the Commission to try to cooperate as much as possible with the consultant since a general plan is definitely needed now and the money has been spent. He felt they should see what the consultant has to offer and then proceed from there. Comm. Fitzgerald moved Nonday, March 16th be set as the date for the first study session on the zoning ordinance and zoning map. The Assistant City Engineer asked if the 90-day extension is adequat~ since it began January 30th. The Cc~cil wants to know if this is enough time to accomplish the remainder of work left on the General Plan. Comm. Fitz- gerald doubted whether it could be completed by then. -7- Comm. Fitzgerald moved the Council be advised that the Planning Commission feels a more realistic completion date for the General Plan would be June 30, 1964, and that the City should not be held responsible for the original ex- tension to April 30th or the additional delay to June 30th. This motion was seconded by Comm. Snyder. AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Thomson, Frolich NAYS: None Motion carried, 6-0 The Assistant City Engineer was instructed to furnish copies of the consultant's March 6th letter to the Council and to the City Nanager. The City Attorney advised the General Plan should be pre- pared to the satisfaction of the Government. He feels a zoning ordinance should be incorporated into a general plan. The Government has said that $30,000 is too much to pay for a general plan for a city of this size without a zoning ordinance and map. It is the City Attorney's contention that the City should have the consultant pre- sent at the Public Hearings, whether or not it costs more, in order to defend this general plan and explain it in detail and answer any pointed questions presentLd by the public. Chairman Frolich asked the Assistant City Engineer to specifically invite Burrel Leonard to the Narch 16th meeting since he has done so much of the ground work and can probably come up with some constructive thinking to add to the discussions. VI NEW BUSINESS A. Niscellaneous 1. Comm. Thomson wondered if the City Engineering Depart- ment could prepare an up-to-date chart on the developed and undeveloped land use under all of the zoning classifications. The Assistant City Engineer felt this could be accomplished. VII AD JOURNNENT Comm. Small moved the meeting adjourn, at 10:40 P.M., to Narch 16th, 8 P.M., at City Hall. Motion was seconded by Comm. Thomson. Notion carried, 6-0 APPROVED: /s/ Donald Frolich Chairman ATTEST: ¡(~!;) . h~~L Robert S. S ook Secretary, Planning Commission. -8-