PC 10-14-63
10321 So. Saratoga-Sunnyvale Road (City Hall)
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFÖRNIA
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION, October 14,
1963
252-4505
PLACE: Board Room, Cupertino Elementary School District
10300 Vista Drive, Cupertino
TIME: 8:00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL: MINUTES OF THE PREVIOUS MEETING, Sept. 23, 1963
Commissioners Present: Comm. Adamo, Fitzgerald, Rampy, Small,
Snyder, Frolich
Commissioner Absent: Comm. Leonard
Staff Present: Attorney Anderson, Assistant City
Engineer Shook
Corrections to the Minutes of Sept. 23, 1963:
Chairman Frolich challenged the spelling of "renown" in the
first paragraph of the corrections for the previous meeting.
The recording secretary has checked Webster's Collegiate
Dictionary and Thorndike Barnhart Comprehensive Desk Diction-
ary and could find no other spelling for this word.
In paragraph 4 of page 1, Chairman Frolich would like the
minutes to read that "all but one of the petitioners (not
applicants) were not near the area in question."
In paragraph 2 of page 2, Chairman Frolich
lowing sentence stricken from the records:
City Manager met with the County engineers
would like the fol--
"He stated the
regarding traffic."
Comm. Snyder moved the minutes be approved as corrected;
Comm. Rampy seconded.
III COMMUNICATIONS:
A. Written
(1) Mr. Shook stated that the next regular meeting of the
Planning Commission would take place November 13th
instead of November 11th, if this was agreeable
with the Commission.
(2) Petition from several property owners, addressed to
the City Council and referred to the Planning Com-
mission, regarding zoning and the Preliminary General
Plan.
At this point, Chairman Frolich felt it might be
pertinent to announce that Mr. George Volker has re-
signed as Planning Consultant, and that Mr. George
Gaiter, of Wilsey, Ham and Blair, will repläce him.
Comm. Snyder felt that it was in order for the Com-
mission to reply to this petition, either possitive
or negative.
Attorney Anderson stated that any problems concern-
ing the Preliminary General Plan should be handled
at the Planning Commission level.
Comm. Small noted that this petition refers to speci--
fie properties and felt that it was premature and that
the petition should be received and filed until the
proper time to act upon it.
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Chairman Frolich requested Mr. Shook contact Wilsey,
Ham and Blair to find out when the General Plan will
be ready. He also requested Mr. Shook write a letter
to the petitioners stating that the petition has been
referred to the Planning Commission and that they
would prefer to delay discussions until the first
public hearing. If not pleased with the General Plan,
a study session can then be arranged.
(3) A letter from Mr. Steven Dorcich regarding the sign
ordinance.
It was decided that on Monday, November 4th, the Plan-
ning Commission would review the sign ordinance.
Chairman Frolich requested that the Chief Building
Inspector attend this meeting. He also requested
Mr. Shook write a letter to Mr. Dorcich explaining
when the sign ordinance will be reviewed.
Subdivision recordings.
(4)
(5)
Santa Clara County Planning Commission Agenda for
October 2nd and Summary of Actions for Sept. 18, 1963.
Santa Clara County Planning Commission Agenda for
October l6 and Summary of Actions for Oct. 2, 1963.
ASPO Newsletter
(6)
(7)
Comm. Small moved the communications be received and filed.
Comm. Fitzgerald seconded.
AYES: Comm.: Adamo, Fitzgerald, Rampy, Small, Snyder,
Frolich
NAYS: None
ABSENT: comm. Leonard
6-0
B. Verbal --- None
IV HEARINGS SCHEDULED:
A. MASON ENTERPRISES, INC.: Appl. 95-2-63 to rezoneapproxi-
mately 5 acres from R-l:B-2 to R-l; north side of McClellan
Road, ISO' west of Westacre Drive. First Hearing.
Tentative map - 21 lots (Appl. 29-TM--63).
Comm. Fitzgerald abstained from this Hearing.
Mr. Larry Schott, of MacKay and Somps made the presentation.
He presented a tentative map for the Paradise West addition. He
pointed out the 56' street running through the middle of this property.
Chairman Frolich requested comments on this width street by
the Enginéering Department. Mr. Shook stated that in one other in-
stance in Cu~ertino there is a 56' street. The planting strip was
reduced to 2~' and the actual street remained regulation width.
Mr. Shook also stated that the City had on file for this
application letters from San Jose Water Works, Cupertino Sanitary
District, Cupertino School District and County Planning Department,
who suggested two cul de sacs rather than one 56' wide street. The
County Health Department requested the sewage system be back-filled
and connections be made to sotrm drains and sewage lines and public
utilities.
Attorney Anderson stated that, in deference to the Health
Department's letter, the motion should specify that existing septic
tanks be filled.
Comm. Snyder moved that the first. Hearing be closed. For want
of a Second, this motion died.
-2-
Comm. Small moved that the Public Hearings be closed. Comm.
Adamo seconded.
AYES: comm. Adamo, Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Leonard
ABSTAINED: Comm. Fitzgerald
5-0-1
Comm. Small moved
5 acres from R-l:B-2 to
approval,
standard conditions. Comm. Adamo seconded
that Appl. 95-2-63
R-l be recommended
to rezone approximately
to the City Council for
..., subject to the 12
the motion.
AYES: Comm. Adamo, Rampy, Small, Frolich
NAYS: None
ABSTAINED: Comm. Fitzgerald, Snyder
ABSENT: Comm. Leonard
4-0-2
Comm. Small moved the tentative map for Appl. 29--TM-63 be
approved, and that the request for a 56' street with a 2~' planting
strip, leaving a distance of 40' between curbs, be recommended for
approval because of the shape and contour of the property (narrow-
ness); and that the existing septic tanks be filled; and that the
public utilities easements of 2' on each side of the street right-of-
way be granted, if· necessary. Comih.·Adamo sebonded the motion.
AYES: Comm. Adamo, Rampy, Small, Frolich
NAYS: None
ABSTAINED: Comm. Fitzgerald, Snyder
ABSENT: Comm. Leonard
4-0-2
B. SUN BUILDING CO.: Appl. 96-2-63 to rezone approximately
1/2 acre from R-l:B-2 to C-I-H; southwest corner Highway
9 and McClellan Road. First Hearing. Appl. 33-U-63 for
a Use Permit for a service station.
Mr. G. F. Lane, of Sun Building Company, stated that his com-
pany purchased the land about l~ years ago. It was decided by his
company that a service station would be the wisest choice for this
corner since it is at Highway 9 and McClellan and would, therefore,
be too busy a street for residences. Professional buildings were
ruled out because the property is not deep enough to take care of
adequate parking. The cost of the off-street improvements on this
t acre lot will run between $8,000 and $10,000. Approximately
~200,OOO will be spent on buildings, equipment, improvements, etc.
Mobile Oil Company has stated they would like to have a station at
this corner. The Pacific Telephone and Telegraph Company plans to
use a parcel of land 60' x 130' adjoining this property and will
serve as a buffer against the residential property on McClellan.
Mr. Eugene A. Artru, 177 Post Street, San Francisco, the repre-
sentative for the Telephone Company, at this point offered a full
map for study by the Commission.
Mr. Lane presented a picture of the proposed service station.
He indicated that it would be similar to the one on Stevens Creek
Blvd. at Wolfe Road. He explained that one pump would be on McClellan
and the remainder on Highway 9.
Comm. Small stated there has been a problem of street improve-
ments in this area and with approval of this application, Cupertino
would get 170 to 180' of improved streets.
Chairman Frolich asked for comments from the audience. There
were none. There were no additional comments from the City Attorney
or the Engineering Department.
Comm. Adamo moved the first Hearing on Appl. 96-2-63 for re-
zoning and Appl. 33-U-63 for a Use Permit be closed. Comm. Small
seconded.
AYES: Comm.Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich
NA YS: None
ABSENT: Comm. Leonard
6-0
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C. PACIFIC TELEPHONE AND TELE0RAPH CO.: Appl. 32-U-63 for
a Use Permit ror approx. O.lb acres. Property zoned R-l:B-2
Use Permit sought for pole-mounted communication equipment;
south side of McClellan Road, 110' west of Highway 9.
Mr. Eugene A. Artru, 177 Post Street, San Francisco, ex~lained
t?e use for which his company would need this property. In 12 to
22 years the Telephone Company would construct a building. Until
that time there would be locked boxes containing harmless equipment
mounted on poles about 8~ high. It is quite important to be able to
use this property because this will be one of a series of booster
stations needed to carry voices and they need to be within a certain
diatance of each other.
Comm.Snyder requested a sketch of the boxes be presented at
the second Hearing.
comm. Adamo questioned whether or not this equipment would be
fenced. Mr. Artru stated that the boxes would be locked and would
be harmless so there would be no fence unless requested by the
Planning Commission or City Council.
Chairman Frolich asked for comments from the audience. There
were none.
Comm. Small moved the hear~ñgS
seconded.
be closed. Comm. Rampy
AYES: Comm.: Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich
NA YS: None
ABSENT: Comm. Leonard
6-0
Comm. Snyder made a motion to grant the request for a Use Per-
mit under Application 32--U-63, subject to the following conditions:
1) That all construction and landscaping be subject to review and
action by the H-Control Committee;
2) That all dedications and street improvements be made along
McClellan Road;
3) That the height of the pole and said mounted equipment not ex-
ceed 8 feet in height.
Comm. Small seconded the motion.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich
NAYS: None
ABSENT: Comm. Leonard
6-0
D. LES-TOM ENTERPRISES, INC.
Applicant was not present. Comm. Snyder moved to delay action
on this application until the next regular meeting. Comm. Rampy
seconded.
AYES: Comm. Adamo, Rampy, Snyder, Frolich
NAYS: Comm. Fitzgerald, Small
ABSENT: Comm. Leonard
4-2
E. STEVENS CREEK GARDEN CENTER: Appl. 39-V-63 for a Variance
to the Sign Ordinance to allow a total sign area of 70
square feet where Ordinance allows 55 square feet; south
side of Stevens Creek Blvd., west of Calabazas Creek.
Mr. Thomas Bendik, 7575 Kirwin Lane, Cupertino, stated he
would like to install this sign in addition to the existing one.
Comm. Snyder moved this application be delayed until Nov. 13
since the Sign Ordinance is in the process of being reviewed. Comm.
Rampy seconded.
AYES: ·Comm. Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich
NA YS: None
ABSENT: Comm. Leonard
6-0
-4-
F. WILLIAM F. KLEIN: Appl. 42-V-63 for a Variance to allow
b' setback lines on the northerly, southerly and westerly
lot lines; lot 24, Tract 2722, Rivercrest.
Mr. William F. Klein and Mr. S. CoBabe, builder, presented plans
for a home to be built on a lot with elevation problems. There is a
70% drop just beyond the site of the house. Mr. Klein stated he did
not want to build at the foot of the drop --- he wants a home with a
view. He needs a variance to allow 6' setback lines at 4 points of
intrusion to accomplish this.
Mr. Warner Wilson, whose home is at the foot of the Klein pro-
perty, foresaw no problems.
Mr. John Mitchell, a neighbor in Rivercrest, protested this
encroachment on the basis that he felt it would have a deleterious
effect on the neighborhood.
Comm. Snyder moved to close the Hearing. Comm. Small seconded.
MOTION CARRIED 6-~
Comm. Snyder made the motion to brant this request for a var-
iance on Appl. 42-V-63 with the condition that it apply only to the
builder's plans as presented to the Planning Commission, with 4
points of intrusion. Comm. Fitzgerald seconded.
AYES: Comm. Adamo, Fitzgerald, Ramp:;, Small, Snyder, Frolich
NA YS: None
ABSENT: Comm. Leonard.
6-0
v
UNFINISHED BUSINESS
none
VI NEW BUSINESS
A.
Chairman.
A letter was handed to Comm. Small, who turned over to the
It was a letter of resignation by Mr. Leonard.
Comm. Snyder suggèsted a statement of commendation be drafted,
pending a formal resignation at the City Council level.
VII Comm. Snyder moved the meeting be adjourned, seconded by Comm.
Small. Meeting adjourned at 10:10 P.M.
APPROVED:
(s)
Donald Frolich
Chairman
ATTEST:
I~
J 1/ I
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R~rt~/~h60 J ecretary
Planning Commission
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