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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-