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PC 05-27-63 10321 SO. SARATOGA-SUNN'iIlALE ROAD ?,'i:.-1 5J5 C I T Y : 0 F CUP E R TIN ~ Cupertíno, Cälr~o~ni~ MINUTES FOR THE REGUI.AR MEETING OF TIŒ PLMPHJW CQI·'JIVI:CSSIOli, ¡~ay 77, 196:) Time: 8:00 P.M. Place: Board Room, Cupertino School Diatrict, 10300 V:!sta Drive I SALUTE TÒ' THE PLAG II ROLL CALL: MINUTES OF THE PREVIOUSr-íEETINGS: May 13, 1963 Commissioners Present: Fitzgerald, L~onard, Small, Snyder, Frolich Adamo, Rampy City Attorney, Assistant City Engineer, Ci ty Clerk Commissioners Absent: Staff Present: Commissioner Adamo arr~ved 8:10 MINUTES OF April 27, 1963 The fifth paragraph of the corrections and additions to the April 22 and 27 meeting: Strike second sentence "That Mr. Patterson had raised the question on the' sui tabi,li ty of the rïonte Vista area." The fourth sentence of the paragraph should read: The 'Planners who have met with various people reported that Sunnyvale oTficials are concerned about the widening of Homestead Road. The s1xthse!)tence should read: Sunnyvale officials concern about the widening of Home- stead Road stemmed from meetings with planners not attended by Mr. Patterson. Tenth sentence should read: "Tilc h:~r:hest prefl'Jrcnce was professional office, õ:'esearch and multipl&, stJ.'ip commercial last. MINUTES OF MAY 13, 1963 Fourth paragraph from bottom of page 3, in discussing the traffic pattern, it was also noted that eventually there would be nO left turns on Stevens Creek Road. Page 4, third parag:""'aph; !·~r. Stokes also said that he did not feel a frame and stucco building would' guarantee a high level of quality. Page 4, seventh paragraph, Mr. Ogden was told that there would be a wooden fence. Page 5, first paragraph, did not distinguish between FOR sign ordinance' regulation. It was moved by Commissioner Snyder and seconded by Commissioner Fitzgerald that the minutes be approved as corrected. Motion câ:rried 6-0. Mr. Graham was told the sign ordinance and commercial as to lim~tations of the III COMr-lUNICATIONS: A.' Written 1. Letter from r~é1,rv1n Knc:x requesting cor.tirma,t:1.0:1 for P,ppJ j.l~8,tio!1 re:ò0ning t1:1e S P p)~operty. TI",noverl I ,L'om the J:gF,!J(,lc1. :'2. !..;et-:~:;_,·~~ :C\:'j:ri ~,0..;·\';.:¡~:~d l:E~.I"_'J :':~:~(.IIH:'8iip!-.; ,"1..1':';"":_.:. ;~-~_:.\~r' J0f- rezou:!..1b 11 a(;res on B;'lDD Hoad to be ),',:';\(;'civÐ.tec~, It was moved by Co~niBsioner Snyder, and seconded by Cor~issioner Small that the original application be terminated, and trßt the City Clerk be authorized to notify the applicant that a new application is required, and that possible ~aiver of the fee should be considered by Council. AYES: Commissioners: NAYS: Commissioners ABSTAIN: Commissioners: ABSENT: COmmiRsioners: Motion ~arried 5-0 Adamo, Leonard, SIJ18,11, Snyder, Frolich None Fitzgerald Rampy ..:1.,. 3. County of Santa Clara - Summar~T of' Ac\'-,-ons MdY 15 4. County Planning Commission Agenda, June 5 County Application, E~ŒST P. WILDHAGEN, 1~850 Upland Way, 3 lot subdivision on southerly side Upland Way 780' south of Pubb Road. Present zoning A-2:B-4 1 acre 6. Countyquestionairre on publications 5. 7. Technical Supplement No.3, 1970 General Plan Commissioner Snyder asked about the gas station on Homestead Road and Stelling Road. A letter was sent to the Board of Supervisors. It was approved by the County Planning Commission, but no word has been received by the City. It was moved by Commissioner Snyder that the communications be received and filed, seconded by Commissiorer Fitzgerald, All in favor. B. Verbal None IV HEARINGS SCHEDULED A. Louis Paganini: Application 80-2-63 to rezone 22 acre,S, approximately, from R-1:B-2 to R-24-H; opposite Portal, 500' south of Stevens Creek Boulevard. First Hearing Continued. Mr. Irving Caster,Designer and Contractor, Dresented the plans for the 23 acre development of 371 unHs, 18L~ two bedroom and 187 three bedroom two bath units. In answer to some of the questions raised previously, Mr, Caster had the following comments: The "s" shaped street would slow traffic down. The buildings ~lill have shtlke roofs; stucco, wood, briele and stone will be used on the buildings. On the matter 01' maintenance, the buildings must be maintained in order to get the proper rents. The public areas will be maintained by the corporation, and fees paid by each tenant. Two bedroom units will rent from $135 to $150, three bedroom units will rent at $175 to $200. " Mr. Caster presented the following fact from a survey made by Ernest Gish, Consolidated Lands, San Bruha, California: Based on a study made by him, there are .14 children per apartment. Results of Standford Research survey show .12 per apartment. Mr.Caster called the State offices and learned that the average for the State of California is 2.5. These are children from Kindergarten through 8th grade. Half the children population in apartments are pre-school age. A survey made by Mr. Everett Kincaid, City of San Mateo Planning Director, showed 0.62 children per apartment in a door to door survey. Mr. Caster reported that he had learned from Mr. Volker, that high density of 25 units per acre is recommended for the area. The developer plans 16.13 units, and it was reported that Mr. Volker considered this low or medium density. FHA figures 30 or 35 units to be high density. Commissioner Snyder asked if traffic will go in and out via Vicksburg and Portal. Mr. Caster said Portal could be closed off, and go out Price and Blaney, that the area could be closed off entirely except to the development's resj.dents. Their portion of Price w:Ul be widened to 60'. Commissioner Small poi~ted out that there are 810 apartments under construction or zoned, this application asks for 371, and there are 176 and 256 more coming. He aslced just where Cupertino is going, apartmentwise. Also the 500+ cars through a residential school area presents traffic problems. Commissioner Fitzgerald asked about a U-shaped drive that would start at the property line and come out on Stevens Creelc Road. Mr. Caster wasn't in favor of this, adding it could become a raceway. -2- Commissioner Leonard referred to a brochure p'l1t ()U~· bv the developers .of the Payne Avenue project J describlnge. cj1::1.E'l l"!I''il atmosphere. 'He wondered where the rUlalatm:Jßp~lere'ilov.ld b8 with Idlewild, schoOls, and commerci8.1 prG!)e2cy near·Oy. Five 20J.Yl'r'ate play areas were listed on 5 acres. ~_'his ¡;eem,s ·tìke a. lot or space devoted to children where the argurJlCònt J.S clk't the units don't PlttJ.'8.r:t many. The Commissioner added that th.e appeal for thj.s t~Tpe of living seems to be to those who lilce to be a;o ¡:'cotloose as possible, and wondered just how 'much a stake they would bave in t~e community. He pointed out that Mountain View assessed evaluation is rising, also that along with multiple they have a lot of industry. Cupertino and Jeffer- son Districts have fallen behind in the last ten :rears, 'and they havê'· been predominantly single family areas. Chairman Frolich stated that self-gover'nmentis not alwaye satisfactory in neighbo'rhood groups, that it is like pulling teeth tu get people out of their houses to meet on any subject, High and low density for CUpertino is based on the presumption that none would be very high, not as high as in other places. Also tl~t this side of Stevens Creek is not nf the highest density called out for the City. The Planner reported that when contacted by the developer', he had suggested that this was a land-locked pieee and mjght be be"cter put to single family, and the front portion which :i.s zoned commercial 1'Iould be better in multiple. It has been the practice of the Co¡rum1ssion to confine R-24 and R-3 developments to areas suitable to R-l or some other use of even higher value to the owner than R··3. Most of the multiple is confined to areas fronting Holfe, backed up to Blaney. This property has no rear access. The access out onto Stevens Creek \Ü11 not do much to carry through traffic. In time there w111 probably be no left turns onto or from Stevens Creek Road. Commerc18.Ì added to the front would make it worse. This would bring commercial traffic back Vicksburg, through Idlewi1d, back Price Avenue onto Blaney. Chairman Frol1ch asl<ed for the number of children 'in .multiples as presented by the Superintendent of the School Board to see if the ratio of assessed evaluation pel' pupil is realistic. . It was pointed out that carports up against the property "line as a buffer would require a variance or modification of design. Chairman Frolich requested that the Sanitary District be m~de aware of the application. . Regarding the legal aspects, there is no tentative map. If part of the development is sold, there may be a problem with side-yard setbacks. Subdivision would require a tentative map. The City Attorney pointed out that the hasic problem of condiminiµms is in the County Recorder's office when they attempt to record. Commissioner Snyder felt also there would be a potential traffi<J problem, that there would be 550 cars contrasted to 140 cars for aR-l development in this area. The big problem is getting onto Stevens Creek and gettingbaclc from FOI'tal, also Price Avenue ingress ànd egress. Commissioner Small felt there would be nothing wrong in mov~ng the whole property up, fronting a good looking apartment building on Stevens Creek. Mr. Caster stated that the vacancy factor is highef' when an apartment building fronts a major highway. . Mr. David Laing, San Tomas Estates, 1335 Phelps, San Jose, haG a few commentS.. Regardîrig :th" chara,-,ter of· the purcha.'1':':.'3 fad. ocr:u- pants of th~ apart:'·\Î:~nts~. he s·\;atf~cJ. T'.~.Ó:c, 1-,(: .18 d,n Offj ':01' c<"_!:2.1~ j~it;G Mut1.1al S2.v1:::-.gs ar~d ~.11 ~~~:l~. ·-:'\~f'._:1'.?;~¡"; ¡-:;.i' ':::J';:( r".)~ .':.·..IZ~·ì-,_,'.:',.:v:=~ nl.'.:r,;;,·.c~_;1ì";1:., !:{,:;-; added that h~~ ::8 :1') :'l:-:,,:~' .;,:) ,..;. .t. ) OJ5F "L ~::.~:-¡1·~. t-._.'.~ ~~'V'-:'''-:~I'~' D.::,,'''' ' ~'ii'r:'i ~l8.a financed condimin:l.ums aìl~ r"".L this 13 a very -¡JùJ;Jer 'C,'ilJ8 of home ownership and development. !{e said that ¿.~ Rny p'oject of thie "iz8 therÐ there is a segregation betweer. ad'Üt a;1è. ¡'0n-adL'1'; '-Xi lðÌl1Þ'~. I\~oi\t of the owners previously owned the:ll' ovm home.3, a;,j now h¡-'.\i'.' müu, important things to do th8.n maintain a homp. and yard. In co-op apartments, each individual must sign occupancy ag~"òemè;nt where 1'.12 agrees he v7:1.1l parti- cipate. Tenants who do not keep up their pro.ie:t can be assessed: He added that he does not see why anyone liv:i.r.g in apartments should be subject to freeway frontage any more than an nl owner. Commissioner Frolich asked if Mr. Laing intends to move to a s:!.ng1e-faU1i.ly home in the future. Mr. Laing said he does when he can have itn~1ntained. ""3"" Tenants are required to sign an agreement f01' a fair share of maintenance and a vote requirement. When a tenant does not pay, or continues not to pay, he may be bought out and evicted. This would be unusual. Any assessments placed on a share of stock must be Daid with interest before the owner could get anything out' of it, - Commissioner P.rolich asked just what an owner of a condiminium owned, and what happened in case of fire. In a condiminium, Mr. Laing explained, the owner owns an air space. The structural walls are owned by tenants in common, as is everything else. There is one master fire insurance policy which covers immediate repair. This also applies to any fire damage inside other than paint. Commissioner Leonard, computin~ the interest and principal paid, pointed out that equity would build up slowly, therefore it would seem there might be a tendency to just walk away from the apartment. Mr. Laing agreed that 40 year loans might not be the best financing, but competition is such that 25 year loans are too hard to sell. Regarding the assessed evaluation, Commissioner Leonard stated that Cupertino is down by millions, Jefferson is down by Di11ions. Unless a stand is talcen, the problems will be aggravated. If the number of children per acre in multiple families shows no greater than that coming out of R-l, Cupertino would get a higher evaluation from 360 $18,000 homes, than 100 $18,000 homes, Mr. Kester pointed out. coming aren It line. Mr. Don Dixon, 10159 Richwood from the swimming pool areas. really much in use, that they Drive, Cupertino asked about noise 11r. Kester stated that the pools are lcept baclc from the property Mr. Dixon, who has lived in the area, and whpse family has lived in the area for years, stated that he will put his home up for sale if this complex goes in. Mr. Gary Stokes, 10199 Richwood Drive, President of Idlewild Homeowners Association stated that he opposes the project. Mr. Nick KU8n , 10225 Richwood Drive, stated that the applicant still has not justified the need for multiple zoning on the property. The traffic problems have been reaffirmed. School situation lms been discussed. These have nothing to do with the property opposed to other property in surrounding R-l. "The applicant has not, in my opinion, justified multiple zoning." Mr. Bob Bosted, 19841 Lamar Drive, Cupertino, pOinted out that Idlewild will shortly be surrounded by apartment housing, and he could not see how a ditch could be considered a buffer for this type of area. Mr. Stokes stated that when there is spot multiple interspersed with multiple, because of the high income to the owner of multiple, this makes adjacent R-l worth quite a bit for land, but the building is not: worth much. People are reluctant to spend money on the building, but let it run down and get more for the land. Los Angeles has had this happen. He added that it is not a thing he would like to see. Commissioner Frolich considered the line of signt, cõnc1uding that a ~~jor portion of the Idlewild yards would be open to view of the apartment windows. R-l housing might present the same problem, but there would be fewer windows. Where R-1 residents might be reasonably well-acquainted, it is doubtful if the apartment tenants would be. Comm:s~.\ioner L(~',:n~,X'd c")n,r~i,:;.é.:'t'~ð. the impact of tJ:-:t:~ tY,ÇI"~ 'f owne),'ship orl the commlJ.1.dty. A 5,:{X';,)PO <lollal' devec.yo!;,[G i·;c·~J.'l·':.e started with a $220,000 down payment. If there was :;;1);,le identifiable person owning it, there probably would not be as much concern. No onæ owner has enough investment to lceep it going. ~lr. Laing replied. The baclcs or the apartments are also back. bedrooms. Regarding the inference that the owners might be transient, Mr. Laing stated that any single 371 .unit R-1 development in the State of California wouJd have at least 10;J of the homes substandard. Commissioner Snyder stated that 50% of the floor plans in Idlewi1d are reversed plan, also that 70% of the people spend most of their time on their patios. -h- It wàs moved by ('umm1ss10ner Snyder ál!dseconCled by C')!!1:nL~~ione!' Fitzgerald that thef1rst hear1ng be closed. : Motion carrieG 6-0. RPcr:.c;,'3: 9: 55 FillCOlJVEHE: 10: 00 B. Van Vleck Realty: Applieatio;:! 81-2.··63 to rezone Lot 30, Tract 584 from R-3-H to C··I-H; northwest corner· of K:trwfn Lane and Highway 9. Second Hearing. Commissioner Leonard left the ·tabJ·ò. Mr. Graham, representing Van Vleck Realty, told the Commission the building would be subject to H-Contr-ol, that zoning was requestecc. Mr. Vaughn Hunter, 1400 Lanceford Avenue, was concerned with the . setbaèks, stating that under PO-H zoning, the building size'woulð. be cùte one third. BUilding a 1000' building would not be economicell;l' feasible. ' . Mr. Mort Kelly, K1rwin Lane, Cupertino, admitted that he signed the pet,ition .allowing èommercial zoning on the refjidence, and ths.t he didn't'want to make another such mistake. He said this is the s~xth time he has spoken against the appl~cation, Lelieving it would degrade the neighborhood. Referring to the fact that the neighborhood to the south on Highway 9 and also to the north 1s commercial, he felt that it had gone down. The neighborhood might get bad enough that the residents may wish to move, but the City cannot move out,. he adde<;l. In answer to a question by Comwissioner Snyder, Mt'.· Graham said they had been unsuccessful in purchasing the property directly in the rear. Mr. Graham said the plans show offices, but some retail might go in. . Commissioner Small said the stores \/ould be pretty small. He thought an office building is a good idea, but wonders about the commercial. .~ Chairrran Fro1ich told Mr. Graham that the City is working on a Master Plan. In gensral, smaller' pieces of commercial have turned out to be least desirable. This~s why the Commission tries. to per- suade appl1cantsto get adjàcent properties tied together. The Cha1r- . man also asked that the n~p be revised. It was moved by Commissioner Small, and se00nded by Commissioner Snyder that the hearing be cóntinued for two wee¡:s, and that a report be subjitted by the City Staff showing the parking mtiö a.nd the' difference in footage of the two zonings. AYES: NAYS: ABSENT: Commissioners: Adamo, Fit<:gera.1d, Small, Snyder, Frolich None Leonard, Rampy rommissioners: Commissioners: Motion carried 5-0. Commissioner Leonard returned to the t~ble. C. Stephen Gazzera, Jr.: .Application 83-z-63 for'a Variance to the Sideyard Setbacks on lots 56; 57, 58, Tract 3243. Baywood Terrace. . !-1r. Stephen Gazzera, Jr., 1134 W. El Camino, Mountain Vlev/,was in at·tendance to represent the appl:1.cant. The El Dcrc,ll,' is in tr..e élsses:3inent district. 1I'~·.\e:i:~ ,'e:1e no :~.c~;_~c.j·¡- . '~:'()m- 'c--"'" s.L.'":..{·.~'_¿:).'~c~ c It was moved by Commissioner Snyder and seconded by Commif"sicne~' Fitzgerald that the pubHc hEarings be closed. . AYES: Commissioners: Adamo, Fitzgera1c<, Leùrl<1rd, Small. ~nyder, Frolich None .' Ra.mpy NAYS: ABSENT: Commissioners: Commissioners: Motion carried 6-0. ':5- It was moved by Commissioner Adamo and second~~ by Commissioner Fitzgerald that Application 83-Z-63 to rezone I lot; 1/2 8.cr·e, 19930 S.C.B¡ (El Dorado) from R-3-H to C-1-H; south side, Stevens C~eek Blvd., east of Blaney, be approved with the twelve standard conditions. AYES: NAYS: ABSENT: Commissioners: Adamo, Fitzgerald, Leonard, Small, Snyder, Frolich None Rampy Ccn:m1ssioners: Commissioners: Motion carried 6-0. D. Camino Del Homes: Application 31-V-63 foraVaria~ce to the Sideyard Setbacks' on lots 56, 57, 58, Tract 3243, Baywood Terrace. Mr. Ward Crump, 11247 Bubb Rd. CUpertino, told the Commission the variance was requested because of a misinterpretation on the part of the designer." When the Building Department started to issue the permit, the building was interpreted as a two-story home, and there was a shortage of side yard. The living part of the house is one story, but it is a two-story house in front, backing into the hill. Commissioner Leonard said this is the type of thing for which the variance is designed. Commissioner Small said that Mr. Crump is a builder of which the City can be proud. It was moved by Commissioner Small and seconded by Commissioner Fitzgerald that the public hearings be closed.. . AYES: NAYS: ABSENT: Commissioners: Adamo, Fitzgerald, Leonard, Small, Snyder, Frolich 'Commissioners: None Commissioners: Rampy Motion carried 6-0 It was moved by Commissioner Small and secc:mded by Commissioner Leonard that Application 31-V-63 for a variance to the Sideyard Set- backs on lots 56, 57, 58, Tract 3243, Eaywood Terrace be recommended for approval. NAYS: ABSENT: Commissioners: Commissioners: Adamo, Fitzgerald, Leonard, Small Snyder, F'rolich None Rampy AYES: Commissioners: Motion carried 6-0 v UNFINISHED BUSINESS: A. Miscellaneous On the question of Fontainbleu Apartments developing both halves of Wolve Road, Council moved to require a full street. Weeds in front of a Church on North Blaney were discussed. An extensiQn had been granted on improvements until the freeways are finalized, and it was requested that it be checked out to see when it expires. It was l~equested t;·'1.t t:w C~>:'y rhnp.ger be inst'/"uc':,cd to c'on~8 c~ the pastor requesting :;."'1,roc.;·c.nent of the weed s:'. tuati0n,, .'\(', c.ë.·~") to ask about landscaping plar.s. VI. NEW BUSINESS A. Miscellaneous Commissioner Adamo told the Commission that the Eqropean Sycamore trees on Sunrise Drive have some sort of disease. The item was referred to the City Manager for investigation, 28 this is in the parking strip, and of concern to the City. -6- EItner 'Macesic, 19991 La Mar Drive, built t~10 roomfJ and bath for the use of his e1aerly mother. He ~equested a permit to install a stove and sink. Commissioner Leonard told the Commission that six years ago the City moved for relief on this sort of thing, 'ftlÌth conditions, one that facilities would have to be removed when the family no longer continued the care of a member of the fami 1y. It was moved by Commissioner Snyder that the matter be referred to the City Staff for review and presenta,tion June 10. Seconded by Commissioner Fitzgerald. Motion carried unanimously. VII. ADJOURNMENT It was moved by Commissioner Small and seconded by Commissioner Snyder that the meeting be adjourned. All in favor. Meeting adjourned 10:40 APPROVED: Isl Donald Frolich Chairman ATTEST: ice", \~Il£',_' Ci ty Clerk / / 'l ---- ' (l (i,À.. l..--" ". . -7-