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.
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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
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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
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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.
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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.
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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. '
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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.
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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.
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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.
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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.
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