PC 11-13-63
-,.
10321 :::;. ¡'¡w,y 9, Cupertino, Calif., 95014
252-4505
C I T Y 0 F CUP E R TIN 0
-- -CUPEHTII'J~;-cALl7{jRNIA----
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION -- 11/13/63
PLACE: Board Room, Cupertino Elementary School District
10300 Vista Drive, Cupertino
TIME: 8:00 P.M.
I SALUTE TO THE FLAG
Meeting was called to order at 8 P.M. by Chairman Fr01ich.
II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS: 10/14 & 10/28
Commissioner absent:
Staff present:
Fitzgerald (8:30), Rampy, Small
Snyder, Frolich
Adamo
City Attorney, Assist. City Engineer
Commissioners present:
Corrections to the minutes 10 10/28/63:
Page 1, paragraph 2, Comm. Snyder wanted to clarify that this
was in re~ard to a communication received from the County for
rezoning of property on Stevens Creek Blvd. Since the
ultimate use of this propert,. was not indicated in the letter,
the Commission agreed to challenbe it. The staff was asked
to send a letter to the County on tnis matter.
Page 5, paragraph 12, the protestant's name is Mr. Bernard
Ponseggi, according to Chairman Frolich.
Comm. Small moved that the minutes of October 14 and 28,
1963, be received as corrected and filed. Comm. Snyder
seconded.
III COMMUNICATIONS:
A. Written
1)
2)
3)
Proceedings from the Conference on the Regional Re-
creation Problems of the San Francisco Bay Area
Santa Clara County Planning Commission Agenda for
11/6 and Summary of Actions of 10/16/63.
Letter from Baywood Homes requesting discontinuance
of application since the land has been resurveyed
and the variance is no longer needed.
Comm. Snyder moved the request for discontinuance of
Application 43--v-63 be ~ranted. Comm. Rampy seconded.
AYES: Comm. Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Adamo, Fitzgerald
4-0
4) Letter from Messrs. Forge, Kopanica, and Wilson,
protesting the thinking that a regional shopping
center next to a freeway generates more business.
Chairman Frolich requested the staff send copies of this
letter to all members of the Planning Commission for
further study of its merits.
Comm. Small moved to make this letter a part of the re-
cord for the general plan. Seconded by Comm. Snyder.
_1_
:,
AY¡;:'C:, ~omm. Rampy, Small, Snyder, Frolich
NA YS: None
ABSENT: Cornm. Adamo, Fitzgerald
4-0
5) Letter of transmittal from the City of Modesto, along
with an aerial photograph of Highway 9, which they
stated they did not need in their files.
Comm. Small moved the communications be received and
filed. Comm. Rampy seconded.
AYES: Comm. Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Adamo, Fitzgerald
4-0
B. Verbal
1) Chairman Frolich read Resolution 169, commending
former Comm. Burrel Leonard upon his service to
the City of Cupertino.
Chairman Frolich moved to have this Resolution
adopted. Comm. Small seconded. A white ballot was cast.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder,
Frolich
NA YS : None
6-0
2) Mr. A. G. Williams, 3370 Stevens Creek Blvd., San
Jose, wanted to know why the Planning Commission is
against his intended use for the Mandella property
at 19140 Stevens Creek Blvd. He stated he planned
to use it for boat sales. He also stated he had
been in the boat sales business at 3370 Stevens
Creek Blvd. since 1959 and, although there were some
problems before his business actually got started,
he has not had any complaints about his business
ever since he started.
The City Attorney stated that the County does have
C-2 zoning but that Cupertino does not. He ques-
tioned whether there was much difference between a
boat sales lot and a used car lot. He asked if
there would be undesirable noises, odors, etc.
Mr. Williams stated there would not. He presented
his plans for a $25,000 building he plans to erect
on this property.
At this point (8:30 P.M.), Cömm. Fitzgerald arrived.
He had become the proud father of a baby girl at
noon.
Comm. Snyder said that one of the" main reasons why
the Planning Commission wrote a letter of objection
to the County was because there was no suggestion
as to the use of the property, once it had the C-2
zoning.
Comm. Fitzgerald was in favor of sending a letter to
the County stating under what ~onditions Cupertino
wou¡d be in favor ofC-2 zoning in this area; e.g.,
the Planning Commission has reviewed the proposed
use of the property with the applicant and has been
told of his present use of the property at 3370
Stevens Creek Blvd., and the Commission has been
assured this new location will be used similarly.
-2-
be put into
Camm.
Comm. Snyder moved the above thoughts
a letter to the County by the Staff.
Fitzgerald seconded.
AYES: Comm. Fitzgerald, Rampy, Small, Snyder,
Frolich
NA YS : None
ABSENT: Comm. Adamo
5-0
IV HEARINGS SCHEDULED:
A. ASSURANCE FINANCE CO.: Appl. 93-2-63 to rezone 15.2
acres from A to R-I; northwest of McClellan Road, east
of Stevens Creek. Second Hearing. Tentative Map -
52 lots (Appl. 28-TM-63) (Annexation in progress)
Attorney Edward R. LeCroix, 1241 Meridian, San Jose,
represented the land owners, Mr. & Mrs. Don Avila, under
the same application, since Assurance Finance dropped
out of the picture because of the delay in obtaining the
zoning. He introduced a tentative map. He stated that
if the tentative map is not approved it will present a
definite hardship on the owners since they are already
financially obligated to another piece of property. He
states the tentative map submitted has 15 acres, which
are broken down into 56 lots. Special attention has
been given to saving most of the trees. The~reek, plus
15' along side the creek will be dedicated.
The Assistant City Engineer read the following letters
filed with this application:
1)
2)
County Planning Commission letter of 9/5/63, stating
this property should become a part of the park chain.
Santa Clara County Flood Control letter stating there
will be considerable amount of earth moving due to
flooding.
Letter from Health Dept. stating septic tanks should
be backfilled.
Letter from Sanitary District stating they could
foresee no problems here.
3)
4)
Comm. Snyder wondered if the Engineering Dept. had any
further comments. The Assistant City Engineer stated
the proposed use of this property is in accordance with
the neighborhood plan. One problem is that the trees
are so near the road that a few may have to be removed
in order to widen McClellan. Due to the terrain, custom
split-level homes may well be in order here.
Chairman Frolich was concerned about the double frontage
situation on McClellan. He stated that the applicant
will have to ask for an.cxc~ptlon for those lots at such
time as they wish to develop them.
Mr. Bob McDermott, of Jennings-McDermott Engineering Co.,
stated he would like to work with the Public Works in
regard to improvement of McClellan Rd to save trees, etc.
The City Attorney enumerated some points to be considered
by the Commission:
~~
~~
The tentative map is an engineering matter.
As to the rezoning to R-l, the preliminary plan pro-
vides this area for a park.
The annexation becomes legal November 14th.
Refer to 13.2 of the Subdivision Ordinance
-3-
Comm. ~itsgerala stated that the Chamber of Commerce has
set up a beautification committee, of which he has been
appointed Chairman.
Mr. & Mrs.Don Avila invited the Beautification Committee
of the Chamber of Commerce to come and check the property
and trees against the tentative map.
Comm. Small moved to close the second Hearing. Comm.
Rampy seconded.
AYES: Comm. Fitzgerald, Rampy, Small; Snyder, Frolich
NAYS: None
ABSENT: Comm. Adamo
5-0
Comm. Small moved to recommend Appl. 93-2-63 for approval
to the City Council for rezoning to R-l, subject to the
12 standard conditions and to the annexation proceedings.
Comm. Rampy seconded.
AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Adamo
5-0
Comm. Snyder moved:
Whereas the applicant has made every attempt~o save as
many trees as possible during the design of this tenta-
tive map and,
Whereas, the proposed tentative map yields a reasonable
density and,
Whereas, the City Engineering Department has stated no
objections,
Now, therefore, let it be resolved that Application
28-TM-63 be granted, subject to the following conditions:
1. Approval of R-l zoning
2. Successful annexation
3. Proper flood control requirements.
4. Proper backfilling of septic tanks.
Comm. Fitzgerald seconded the motion.
AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Adamo
5-0
B. WALTER A. EDWARDS: Appl. 97-2-63 to rezone approximately
1/3 acre from R--2-H to M-I-H; west side of Peninsula
Avenue approximately 400 feet north of Stevens Creek
Blvd. Second Hearing.
Mr. W. A. Finsterbusch, Senior Land Agent for the
Southern Pacific Company, San Francisco, explained that
the bad feeling expressed by the neighborhood was
probably caused by the former lessee who did not con-
form with Southern Pacific's rules and was finally asked
to vacate the premises, which he did. This new tenant
plans to build a much better building, will be a good
"housekeeper", and the fact that someone will be on the
premises now will discourage pilferage and vandalism.
The City Attorney advised that the structure that went up
before was certainly substandard. The fact that the
railroad is under the jurisdiction of the Interstate
Commerce Commission, our police power does not extend to
this property. A new building, however, would come under
the jurisdiction of the H-Control, the building codes,
-4-
etc. The fact cannot be overlooked that·this has been
a freight unloading spot as long as we can remember.
Mr. Edwards stated that if it waS the City's wishes, he
would fence the property. It was his feeling, however,
that this probably is not what the residents want since
they use this property as a shortcut and a few commuters
park their cars there.
Chairman Frolich asked for comments from the audience.
Mr. L. R. Collins, 10090 Peninsula Avenue, stated that the
little county road (not over 30' wide) in front of his
place couldn't, in his opinion, carry the load of in-
creased truck traffic this increased businesS on the SP
line would create. He wanted to know who would resurface
it when needed. He said he has studied the situation
and feels the trucks will come in on the railroad pro-
perty, circle around the property, and go out Peninsula
A venue.
Mrs. Christine Anger, 10185 Empire Avenue, Monta Vista,
stated that through the years she has been concerned with
the beautification and upgrading of the area. She felt
this increased activity at the railroad property would
be a detriment to the neighborhood, which is so close to
the new junior college.
Comm. Small pointed out that the right for the railroad
to unload at this point is already, and has always been
there, but the H-Control has the power to make the lessee
conform to tight controls.
Mr.E. A. Collins, 10090 Peninsula Avenue had 4 points
he wanted to bring up:
1) At the north end of the property the truck turn
around isawfullv short.
2) The neighborhood"iS comprised of many retired people
and they are afraid their taxes will go up.
3) A fence is definitely needed because there are some
"pretty tough kids in the neighborhood who like to
throw nails and broken bottles around."
4) What steps could be taken to eliminate the use of
Peninsula Avenue by the trucks?
Mr. David Houseman, 4050 Amaranta Way, Palo Alto, stated
he owns some industrial property in this area and is not
in favor of spot zoning. He felt it should go all resi-
dential or all commercial.
Chairman Frolich felt the County should be asked to
bring the streets up to standard or should put "No Trucks"
signs along Peninsula Avenue.
Comm. Fitzgerald moved to close the second Hearing.
Comm. Small seconded.
Comm. Snyder asked for some statistics such as how
many trucks are loading there now and how many would
after Mr. Edwards gets his building erected.
Mr. Edwards stated that very few trucks go there now,
but that there would be 2 or 3 times as· many in the
future.
-5-
Comm. Snyder moved the staff be directed to write to the
Count~ regardin~ policing of this area, the possibility
of a 'No Trucks sign for Peninsula Ave., and to inves-
tigate whether or not the County will be willing to re-
surface Peninsula Ave. Comm. Rampy seconded.
AYES: Comm. Rampy, Snyder, Frolich
NAYS: Comm.Fitzgerald, Small
ABSENT: Comm. Adamo
3-2
C. NORMAN J. NATHANSON: Appl. 98-2-63 to rezone 45 acres
from R--l:B-2 to PC--H; south of proposed Junipero
Serra Freeway, 700' west of the west end of Gardena Dr.
Second Hearing. '
Mr. Ed Myers, Architect, submitted a map and arguments
on why M-I-PH would be acceptable zoning for this area.
The road pattern was discussed at great lengths. He
stated the State will put in a frontage road parallel to
the freeway. The full width of Greenleaf is on the
Nathanson property. Mary Avenue will extend to the
freeway.
Comm. Rampy said the neighborhood map shows Mary Avenue
to be 90' and wondered if the applicant would be willing
to do his part as to the 90' street along his property.
Mr. Myers answered in the affirmative.
Comm. Snyder wanted to know the gross and net acreage.
Mr. Myers stated that of the 45 acres, 8.008 will be
freeway, 5 acres will be streets, and the balance will
probably be garden apartments and some high quality light
industry on the property along the freeway.
Comm. Snyder requested the applicant come up with some
figures regarding ingress and egress. He also would
like the applicant to bring in a drawing showing all
the streets involved.
According to Mr. Nathanson, a joint resolution between
Sunnyvale and Cupertino regarding extension of Mary Ave.
was endorsed by Jess Black, from the Stàte, but Sunnyvale
hasn't cooperated to date.
Comm. Small stated he was in favor of MI-P-H zoning here.
Comm. Fitzgerald stated he felt the traffic situation
would work itself out.
The Assistant City Engineer stated the Sanitary District
gave their OK, the Flood Control had no comment to make,
and the State marked and returned the map showing the
frontage road.
It was the opinion of the City Attorney that traffic
experts should sit down with the developer and advise
him about the road pattern.
Comm. Fitzgerald stated that if the developer gets a
prospect such as Johnson & Johnson, then the State and
Sunnyvale may be interested in putting Mary Avenue
through and there may also be the possibility of an
overpass.
Comm. Snyder moved the City Manager and the City Engineer
be asked if it would be convenient for them to attend the,
Sunnyvale meeting of governing bodies and industry the
following night, November l4th, regarding street patterns.
-6-
Comm, Fitzgerald moved to close the second Hearing.
Comm. Rampy seconded.
Comm. Fitzgerald moved Application 98-z-63 be approved,
subject to the 12 standard conditions and 13, that the
street problems be worked out to the satisfaction of the
City Manager and City Engineer. Comm. Small seconded,
AYES: Camm. Fitzgerald, Rampy, Small, Snyder, Fro11ch
NA YS: None
ABSENT: Comm. Adamo
5-0
D. EXCELL AND SON: Appl. 99-2-63 to rezone approximately
12 acres from R-l to R-24-H; north of Voss Ave., east
and west of proposed Lockwood Drive, First Hearing,
!,¡~;' ."; '.' Gene Mastin presented plans for this property.
He stated they intended to extend Lockwood through to
Voss diagonally. Voss Avenue runs the length of the
property. They planned 15 units per acre.
Comm. Snyder questioned why Lockwood is to go diagonally
rather than straight through. Mr. Mastin felt the
developer could do more with the property divided more
evenly rather than have Lockwood go straight across the
upper 2/3 of the property. Lockwood is only 200' from
the property line.
Chairman Frolich asked for comments from the audience.
There were none,
Comm. Small moved to close the first Bearing. Comm.
Rampy seconded.
AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Frolich
NA YS: None
ABSENT: Comm. Adamo
5-0
Due to the late hour, Comm. Snyder moved to adjourn the
meeting to Monday, November 18, at the City Hall at 8 P.M. Comm.
Rampy seconded.
AYES: Comm. Fitzgerald, Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Adamo
5-0
Meeting adjourned at 11:35 P.M.
APPROVED:
Is/ Donald Frolich
Chairman
ATTEST:
-7-