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PC 06-10-63 103~1 So. Saratoga-Sunnyvale Road 252-4505 G I T Y 0 Feu PER TIN 0 Cupertino, California MINUTES FOR THE REGULAR r~EETING OI>' urn PLANNIHG COMMISSION, June 10, 1963 Time: 8:00 P.M. Place: Board Room, Cupertino School District, 10300 Vista Drive I SALUTE TO THE FLAG II ROLL CALL: IIlINU'l'ES OF THE PREVIOUS MEETING: ~'lay' 27, 1963 CommiSsioners Present: Adamo, Fitzgerald, Leonard, Rampy, Snnl1, Snyder, Frolich None City Attorney, Assistant City Engineer, City ClerI< Commissioners Absent: Staff Present: riJinutes of I,'lay 27: Page 3, 7th paragraph, strilce the last sentence and replace with the following:. Price Avenue shows a severe ingress !;¡.nd, egress problem. Traffic going to Stevens Creek Road would be limited to right turns only because of eventual separating island. Page 4, 4th paragraph and wherever it appears, assessed evalua- tion should be assessed valuation. In the same paragraph, first sen- tence, it should read ----- Cup~rtino Union School District and. Jeffer- son School District is down by millions. At the end of that paragraph, Mr. Caster (not Kester) pointed out. Also on page 3, 6th sentence of third paragraph should read: Most of the multiple is confined to areas fronting Wolfe, Stevens Cree.k, other major streets and bacl(ing up to the freeway. Page 5, 4th paragraph, last sentence should read. Building a 1000 sq. ft. building would not be econo~ically feasible. Ninth paragraph, pace 5, the motion should read: It was moved by Commissioner Small, and seconded by Commissioner Snyder that the hearings be continued for two weeks, and that a repo!'t be submitted by the City Staff shO\~ing the parl;:in~ ratio and the difference in footage of C-I-H and P-O-H zoning. Page 5, IV C should read: C. Stephen,Gazzera, Jr.: Application 83-Z-63 to rezone 1 lot; 2 acre, 19930 S.C.B. (El Dorado) from R-3-H to C-l-H; south side, Stevens Creelc Blvd., east of Blaney. First Hearin~. It was pointed out to the Commission that the applicant had been informed during rezoning that it would be necessary to return for zoning for the liquor store to the rear of the property. It was moved by Comndssioner Snyder and seconded by Commission- er Fits~era1d that the minutes be approved as correcte~. AJl in favor. III C(..ìi<;ì-UJNTCj\'~IO}JS: (\~ ". '0,'""1 "; J; ::;';, 1. Depal~tr.¡r~!l~'" i~.;:' Plar1:o:..i:lg, St'c.l,d '~. ...Ì,rJ'.._'J .J.¡-,t..LiL;:"::-~~ Rep:>rt - 112Y ]963 It was moved by Commissioner Snyder and seconded by Commission- er Rampy that the communications be received and filed. All in favor. B. Verbal communications None Commissioner Leonard l:f~ the table. IV HEARINGS SCHEDULED A. Van Vleclc Realty: Application 81-2-63 to rezone Lot 38, Tract 584 from R-3-H to C-I-H; northwest corner of Kirwin Lane and Hichway 9. Second Hearing Continued. Mr. Vaughn Hunter, Architect2 presented two plans for the property, one under P-O-H, and the other with C-1-H zoning. Mr. Hunter stated that they are not interested in P-O-H zoning, the plan was presented for edification only. Corruùercia1 zoning would permit· a building l~ times larger, and would permit a greater density of parking, also would give a buffer strip. Mr. Hunter stated that he believes commercial zoning would be to the applicant's advantage, and not to the disadvantage of the City. The plan shown for commercial zoning also gives a greater advantage in traffic handling, he stated. The Assistant City Engineer reported that their study had also come up with the two plans as shown by the applicant, and that there was no ingress or egress pH':)lem forseen with either plan. The P-O-H plan showed access primal'Uy from Highway 9. Both rommissioner Small and Fitzgerald opposed the commercial plan because of the traffic problems, also the small commercial establishments that would possibly co~e in, such as pizza parlors. Both were in favor of professional Office building. Commissioner Small pointed out that if the building should burn down, there would still be a small commercial lot, with.any number of different businesses that might go in, but if if were professional office zoning, that is what would remain. . Mr. Hunter pointed out that if the structure should burn, it would still come under H-Control. He added that their purpose is to build office space, and this precludes putting in a hot dog stand. He added that they would be alleviating some of the Highway 9 traffic problem with improvement öf the corner. Discussion followed on whether or not P-O-H permitted a real estate office, ànd it wàs decided it is allowable. Commissioner Small considered what would happen if the applica- tion were denied both at the Co~~ssion, then at Council, concluding that there would be a vacant,· possibly unattractive lot. A commercial structure that was landscaped would improve the corner. Mr. Van Vleck, major owner of Van Vleck Realty, told the Commission that he believes approval of their application would help upgrade the establishment across the street, and force them to improve because of competition. Commissioner Fitzgerald told Mr. Vleclc that it is hot the real estate office that is being opposed, but what might go alongside it. Mr. Vleck replied that his çompany does not want business that would be detrimental to theirs in the center either, such as laundro- mats or liquor stores. He added that their firm sometimes goes into a center where these exist, that they are interested in making the best investment and best return for their money, and if they have to go professional office, they probably can't afford to build the building. Commissioner Small aslced about signs. Eaèh business would want a sign, and the number allowed would be limited by their frontage. Also the property baclcs into R-1 residences, and signs could be a nuisance to those residents. The Van Vlecl: office 'i/o·,1.J.d talce 1,000 sq. ft., ~:rÜ:h Ì'!'.J1:1d C? approxim2'.tely 1/3 0; the building wèth 1,600 sq. ft. :C";"2.:Lú~."g iOr rental. At most there would be three occupants in that space. ¡vir. Hunter added that Van Vleclc would also want to maintain control over signs. The applicant consented to malcing the renderings part of the record. Commissioner Small aslced the City Attorney if the applicant's statements as to intent to do something is binding. The City Attorney replied that if it turns out that circumstances change, then it has to be established that it was false representation made at the time of granting zoning, It would not be condition of zoning. -2- Chairman Frolich surmnarized the discussion. He said that the Commission prefers not to zone small pieces of property commercial, even though this property is in an area that may some day become commercial. In favor of the application is the fact that the corner will be improved, also the possib:"clity of driving out some less desirable operation on a nearby corner. Disadvantages are that it is small for commercial, that experience with small commerdal lots is not good, secondly that it is close to R-l houses. Mr. Mtll,':\;: Kelly, 20548 Kirwin Lane, spoke against the applica- tion for the seventh time. He added that the majority of residents on Kirwin Lane also oppose it, and are on record showing their opposition. Chairman Frolich asked if there had been a further petition since the one opposing the remodeling the existing house on the proper- ty, and learned there has been no other ~etition. Cowaissioner Fitzgerald moved the hearing be closed. Seconded by Commissioner Snyder. NAYS: ABSENT; Conmdssioners: Adamo, Fitzgera1d,Rampy, Small, Snyder, Frolich Commissioners: None Commissioners: Le0narù AYES: Motion carried 6-0 Commissioner Fitzgerald moved that the request for commercial zoning, Application 81-Z-63, be denied without prejudice. Seconded by Commissioner Rampy. AYES: Commissioners: Fitzgerald, Rampy, Frolich NAYS: Commissioners: Adamo, Small, Snyder ABSENT: Commissioners: Leonard SPLIT VOTE: 3-3 Mr. V1eck told the Commission that the lot will be cleaned up and kept clean regardless of whether zoning is granted or not. Commissioner Small summed up the factors in favor of granting zoning. 1. Kirwin has no improvements, and improvement of that corner and Highway 9 would be an asset. Landscaping would also appear. 2. Elimination of a more undesirable use is an argument. The house that was on the property was close to the high- way and a non-conforming use. It was moved by Commissioner Small that, whereas the desira- bility of the improvement of the corner of Kirwin and Highway 9 would include street improvements, would drive out undesirable uses, and would result in a higher use of the corner, the application be recommended for approval. Seconded by Commissioner Adamo. Commissioner Snyder moved to amend by adding 1) the 1~ standard conditions, and 2) that dedeciation be made to the City of property on Highway 9 to 120' right of way. Seconded by Commissioner Small. A~'ŒIJD!f;ENT .A.YÎ~S: CommissloneX's: Þd2ffin, FJ.',,,gera1d, :Ls..~·.·,:T '3'11;11J., Srr}rdeJ.~, Sì'd.l:~.~ FroJ "if:;'! 1 ~A~-S: C'.)~n"c¡.~;~~5.on2:>:·fj: N0n.e ABSENT: Commissi0nSI's: L·~onard AMENDMENT CARRIED: 6-0 Chairr,13.n Frolich <J.:;¡lced the City Attorney what was done in the case of a split vote, and learned that the City Attorney felt the most prectica1 solution Hould be to send the application to Council without a recommendation, merely stating the facts. -3- AYES: NAYS: ABSENT: Commissioners: Commissioners: Commissioners: Adamo, Small, ~flyder Fitzgerald, Rampy, Frolich Leonard SPLIT VOTE 3-3, Chairman Frolich moved that, apparently, since the proposed de- velopment o,f property offers advantages to the City of improved exist- ing bare lot, and the possibility of d~iving out a less desirable use on a nearby corner, and the tendency of the Commission to not zone parcels this small commercial, the Commission forwards this application to Council without recommendation because of a 3-3 vote with one abstaining. Seconded by Commissioner Fitzgerald. Motion carried 6-0. Commissioner Leonard returned to the table. B. Edwin C. Johnsen: Application 84-z-63 to rezone 8 acres from R-1:B-2 to R-24-H; 605' north of Stevens Creek Blvd. ':rom Blaney to Portal. First hearing. Mr. Edwin C. Johnsen, Los Altos, presented drawings for the eight-acre development of town houses. Each individual would have ground underneath him for his own. f),maity is 12 homes to an acre, R-24 allows 15. Los Altos has a cOJ;,Hrable development. Sales price is $19,500 to $27,000, with convent'onal financing, 25 to 30 year loans with 1/3 down. Wheaton Drive will GO through, parallel to Stevens Creek. No access on Portal or Blaney. There would be 12 units, 92 to 96 buildings. Private drives are 24' to 26' for t\~o-way traffic. Renderings are submitted for the record. Commissioner Leonard asked about living space. Mr. Johnsen replied that about 30T of the buyers in the existing developmcClt, Los Altos Gardens, are those who have raised their family, in the 45 to 50 year age bracket. They don't want three or four bedrooms, but may prefer extra features, such as a den or powder room. Referring to an earlier application, the Commissioner observed that there seemed to be a different level of preference, and a different age group here. No maintenance and low payments seemed to be a chief interest in the other application. In the existing garden apartments, out of 52 families, there are three children. Profiles from Walnut Creek and Orinda indicate some families with children would come in, but many have raised their families. Commissioner Leonard asked if Mr. Johnsen had checked with the Sanitary District, and learned that he hadn't, but that he would. Maintenance can possibly be handled within outer boundaries. Chairman Frolich and Commissioner Snyder have seen the development in Los Altos, and found it pretty well done. They asked if there would be overhung foundations. They were told there would nŒ be, but there would be something comparable. Mr. Charles Alexander, from Idlewild Greens, stated that they favor R-I xoning around the immediate area. He added that this is a different concept, but R-24 immediately puts them on thedefen- sive. He asked if there is anything that guarantees nothing than two- story will be built there. Chairman Fro1ich said there is no guarantee, but this could be handled at H-Control. R-24 is limited to three-sto'.',è". If zoning were granted, and it were sold, the olmer would have to again come before H-Control for their approval. Most people in subdivipions prefe).' R-I arom-,d them, ',cae Ii-I cc·u1c1. aIso )',·2 two-story; ".nd th".t does not corne before H-ConcI'ol. Mr. Alexander asked about the northern boundary, and the distance from it to the school property. The property line is 330' from the school. Ingress and egress Here also questioned, and he learned it will be from m.eaton. Mr. Johnsen said there might be an access on Blaney for fire equipment, but not on Portal. There will be single story buildings along Portal, with no buildings higher than two-story. Mr. Johnsen stated that he would be happy to meet with the Id1ewild Greens Group. -4- There were no other comments from the audience. Commissioner SIT'.al1 commented that there ëLro 10><0 i'our-acre parcels adjoining the property, and those ovn,ers would possibly seek the same zOÍ'ling, and that would malæ 16 acres of multiple on Blaney. Four-acre parcels do not go R-l because of the expense of development. Commissioner Frolich pointed out the the representative of Idlewild Greens that on the Stevens Creek side, it is 150' deep running through R-3 from Blaney to 50' of Portal. Two individual small lot R-l houses might not be good. This might also be considered by the group. Commissioner Snyder was impressed with the Los Altos develop- ment, the way it was handled and the natural setting. However, he stated that he is concerned with thE) amount of multiple zoned, but not constructed, also the problem of joint ownership of apartments, or conëi min:1.nms. Mr. Johnsen replied that the reason for slow development is that there are financing problems because of the newness of the idea of building conêiminiums. Actually the idea went back as far as the Greeks, but lending institutions have held back. Also, land that is zoned and not yet used may not be well located. RECESS: 9: 30 RECONVENE: 9:40 Commissioner Fitzgerald left the table. C. R. Cali & Bro.: Appl, 24-U-63 for a Use Permit; gas station; northwest corner .of Highway 9 and McClellan. Mr. Fred Chez, Rea1tor,told the Commission that Mr. Cali owns the nine-acre parcel, and .that it is his intention that it be develop- ed into a shopping center with rustic architecture. Mr. Ed Leigh, representing Texaco, presented photographs of their stations, saying they hoped to put the "0" type station on the corner of Highway 9 and McClellan. Commissioner Adamo asJced why they were interested in this particular corner. Mr. Leigh stated that Highway 9 is a traffic artery, and that the corner is a forefront of a shopping center that will bring even more people there. Commissioner Small recalled that when the last application for a gas station came in, the COMnission adopted the policy that a station should be part of a shopping center, but no plans for the center have been shovm.· . Mr. Chez stated that Mr. Cali is interested in a homogeneous development, that there would be no difference in grade between the gas station and the entire area. The corner will become more important in the future, and will be convenient to serving the college. Since the station is ¡ocated on the east side of Highway 9, whereas most of the stations are on the other side, necessitating left turns. Mr. Leigh told the Commission that they are interested in a service station, not just a station selling gas. The proposed building is a very expensive structure. Texaco leases to independent business·- men, and it is not their intention to establish a failing business. Commissioner Small mentioned that there a:;::e tì,:'2e vacant st2.tions on Homestead, and Cupertino doeti noti1ant this. ComLn::'.ssion(3r l.l2c~1("""1-."'::' ·i;r8.cr::;::~ ';.-:118 l'~j~'1G'(¡ll·.;h (y:' ¿èr.S :~·;::-t.~;JO(J": J.D the City, most of v¡hich werE': papt of a center, O'"t " ::cry few of which have developed. A check of the unbui1t shopping cente~'s indicates commercial aspirations with not much more than a service station on them, he added. A good-looJcing station on the Saich property, that was passed by the Commission, was denied by the Council. Very few of the existing stations are getting much gallonage, so it is wondered if another is needed. Mr. Leigh said they are not in a position to guarantee anyone's intentions. Their stàtions are making money, or they wouldn't want more. Proper planning involves the proper use of property with the proper type of structure. He asked if it made any more logic to limit -5- service stations than it does to limit any other business. Success or failure should be left to the good Judgment of the entrepreneur. He believes Mr. Cali means what he says, and Texaco Imows the traffic is there. Mr. Chez gave one reason for the station being the improvement of the corner. Developing a Shopping center, if well done, is not something that is done overnight. Sc>metimes getting a tenant lilee Texaco in, starts the progress. ' Chairman Frol:î.ch mentioned L",x, a few station operators he ,has been talking to have indicated tJ",y are just maleing enough from their stations to pay the rent, and ~~e awaiting some development nearby to increase their business. 11r. Leigh replied that this attitude is typical of businessmen, they are always hoping for an increase. Chairman Frolich said that the corner improvement argument was always presented. Mr. Leigh pointed out that accident rates go down at a WE'~;,l-lit corner. Chaij~man Frolich agreed, adding that hè ddesn' t always sub- scribe to the fact that service stations are undesirable. Some of the stations can be more of an attrac'ion to the community than other developments, however, other buildir,,~'; are usually more convertible to other things. Recalling the SheL station with the professional office building that Council denied ~:ter,the Commission passed it, Chairman Frolich expressed his doubt that Council would loolc with favor on any station that did not have at least as much in its favor. Mr. Leo Bernard, 20556 McClellan, opposed the application. Mr. Ray Shaefer, 20568 McClellan opposed it on the basis of it origina- ting more traffic. There are days when he waits 20 minutes to get out now. Rampy. Commissioner Small moved to continue the hearing. Seconded by AYES: Commissioners: Adamö, Leonard, Rampy, Small, Snyder Frolich NAYS: Commissioners: None ABSENT: Commissioners: Fitzgerald MOTION CARRIED: ' 6-0 V UNFINISHED BUSINESS ( Commissj.oner Fitzgerald 'returned) A. Preliminary General Plan (June 11) Mr. Volker will present the Preliminary General Plan, at 8:00 Tuesday, June 11, at the City Hall. The meeting is open to the public. B. Miscellaneous 1. On the Sycamore trees at Sunrise Drive, the City Manager reported, through the CityCler~that their care is the responsibility of the homeowner. 2. Weed abatement at the church on North Blaney has been talcen care of. 3. In regard to the request of Mr. ~~c~Sic, 19991 La Mar Drive for a permit to install kitchen facilities in an addition he built for his elderly mother, The Building Inspector reported this would be, in violation of the R-l zoning ordinance. In a letter· dated' March 21 concel"nini; 'ch" '.lse 0)': t".e addition, Mr. Macesic swore he would not provide cooleing facili tj.es. The City Attorney stated he did not believe this is a zoning requirement. Mr. 11acesic' s only recourse is to go before the Council to request relief from the application of the Building Department. Commissioner Leonard was in doubt if the Commission has any authority in the matter. He felt thàt if members of a family see fit to care for their elderly parents, they should not be impeded. Care at home is better than rest homes or hospitals. He felt the matter should be solved at Staff level. -6- The City Attorney thought this should be handled as a guest house would be, that perhaps R-I could handle it with an amendment. As long as rental is not charged, it could come under the guest basis. Mr. Macesic, had not planned on cooking facilities at the time he signed the statement, but then he was told he could probably put them in. He said that if he can't put them in, he plans to put in laundry facilities. Chairman suggested that Mr. Macesic contact the City Staff for advice, and if necessary, it could be placed on the Council Agenda. VI NEW BUSINESS A. Miscellaneous Chairman Fro1ich requested Planning Commission Minutes earlier than they received them, specifically, before the Counc i 1 r·leeting. VII ADJOURNMENT It was moved by Commissioner Leonard, seconded by Commissioner Fitzgerald, that the meeting be adjourned to June 11, at 8:00 at the City Hall. All in favor. APPROVED: Isl Donald Frolich Chairman ATTEST: --··OJ·I...> \(.JI._..~.s.. Lawrence K. / / I" -, artin, {II " -7" \:-\..i ,_ f..... \,iv'\.. City 1erk -7-