PC 10-29-62
10321 SO. SARATOGA-SUNNYVALE ROAD
AL 2-4505
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
AGENDA FOR THE REGULAR MEETING OF THE PLANNING COMMISSION, OCTOBER 29, 1962
10321 So. Saratoga-Sunnyvale Road
Approximate
Time
Allocated
8:00 P.M.
Estimated
Starting
Time
01
05
SALUTE TO THE FLAG
ROLL CALL: MINUTES OF THE PREVIOUS MEETING
October 8, 1962
14 III COMMUNICATIONS:
A. Written
B. Verbal
I
II
8:00
8:01
8:06
25
IV HEARINGS SCHEDULED:
A. LUVERNE B. STOVER: Application 65-Z-62 to
rezone .25 acre from R-3-H to C-I-H; lot 38
Felton Park, northwest corner Kirwin Lane and
Highway 9. Second hearing, continued.
8:20
25
C.
Cupertino Town Center: Applications 56-62:
2-62 for rezoning 103 acres from M-I-H, M-2-H,
R-l, B-2, R-3-H and C-I-H to PC-H (Planned Com-
munity District) southeast corner of Highway 9
and Stevens Creek Blvd. ~hearing, continued.
M. W. Kelly & C. D. Marshall: Applications 66 9:10
and 67-2-62 to rezone lots 34 and 35, Tract 584
from R-3-H to R-lj s/s Kirwin Lane, Felton Park.
First hearing.
8:45
25
B.
V UNFINISHED BUSINESS:
25 A. A. M. ROUTT: Application 19-T.M.-62 for ten- 9:35
tative map approval; 8.9 acres west of Miller,
on east side of Calabazas Creek zoned R-3-H
(formerly Nose & Les Tom). (Applicant did not
reapply for R-24-H as indicated at last meeting.)
20 B. George Volker (Wilsey, Ham, & Blair): Delivery 9:55
of Base Maps.
VI NEW BUSINESS:
15 A. Miscellaneous 10:10
VII ADJOURNMENT 10:25
AL 2-4505
10321 So. Sara toga-St._..1yva1e Road
C 1 T Y 0 FeU PER TIN 0
Cupertino, Cz.l11'ol'nia
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION, OCTOBER 29,
·1962
PLACE:
TIME:
I
10321 So. Saratoga·-3unnyvale Road
8:00 P.M.
SALUTE TO THE FIJ,G
II ROLL CALI"
III
Commissioners Present:
Fitzgerald, Fro1ich, Leonard,
Small, Snyder
Adamo, Rampy
Commissioners Absent:
Staff Present City Attorney, City Clerk,
City Engineer
MINUTES OF THE PREVIOUS MERfINO¡ October 8, 1962
Moved by· Commissioner Fitzgerald· minutes
mitted. Seconded by Commissioner Small.
.
be approved as sub-
Carried 5 to O.
COMMUNICATIONS:
A. Written:
.
1. Santa Clara County Plans - Water Conservation Bulletin
on Bond Issue .
2. October 17 Agenda County Planning Commission
3. Zoning Change- Inspiration Heights, Lots 76, 77, 78
4. Monta Vista area - Coastal Valley Development. Appli-
cation on which city has already written letter re
gas station at Stevens Creek & Foothill.
5. Minutes of County Planning Commission & Board of
Zoning Adjustment, October 3.
6. List of Subdivisions reported in Santa Clara County -
September 1962. . . . .
7. American Society of Planning Officials: Newsletter of
October 1962.
8. Agenda: County Planning Commission November 7.
9. In the Cupertino - Monta Vista area, an application
received from ~erbert J. and Marguerite Roberts for use
permit ror a beauty shop in their residence at 11545
Upland Way, Cupertino. Commissioner Small moved that
the County Planning Commission be advised by letter
that the Cupertino City Planning Commission is opposed
to this request. Seconded by Commissioner Leonard.
All in favor.
Commissioner Small moved that the communications be received
and filed. Seconded by Commissioner Fitzgerald. Carried
5 to O.
B. Verbal
None
IV HEARINGS SCHEDULED:
A.
LUVERNE B. . STOVER:
acre from R-3-H to
corner Kirwin Lane
Application 65-Z-62 to rezone .25
C-1-H; Lot 38, Felton Park,northwest
and Highway 9. Second hearing, continued.
Mr. Albert J. Ruffo, representing the applicant, commented
on the fact that the Stover property is presently bordered
-1-
Frolich:
Ruffo:
Small:
Leonard:
Leonard:
Ruffo:
Snyder:
Frolich:
Ruffo:
Frol1ch:
by commercial property on three sides. When asked if there
were any deed reGtrictions on the property, Mr. Ruffo
replied that there were none.
Regarding additional property on this, we are concerned
with 116' now, another 30' will come off by the time
Highway 9 is widened. This leaves 85' depth, which is
not conducive to what is desired for commercial zoning.
If the property remains residential, it will tend to go
down hill. At the pre~ent time the property owner has a
tentative sale, for a temporary use as a real estate
office.
Even though the original intent is for a real estate
office, if this firm pulls out in future years, we will
be left with too small a portion of commercial land for
anything much more than a hot dog stand.
Commissioner Small expounded on the theory, pointing out
Barron Park in Palo Alto. Cupertino has two major roads
that might possibly turn into El Camino Reals. Commissioner
Small asked Mr. Ruffo if any thought has been given to other
zoning, such as prof;ssionaJ..
Mr. Ruffo answered that Barron Park in Palo Alto wasn't a
good criterion as it had gone commercial before county
ordinances restricted zoning.
Commissioner Leonard pointed out that out of over 100
single family dwellings converted to real estate offices,
he hadn't seen more than 10 put to good use.
Mr. Ruffo pointed out that on North 1st St. there were
some very good looking offices of this type, such as law
offices.
Real Estate offices run to signs, and stated that he was
one of the commissioners who voted for the real estate
office across from the Stover property, and has lived to
regret it because of the type of establishment existing.
The gentleman interested in this property is Mr. Van Vleck.
Mr. Ruffo pointed out that it was unfair to deny this
request based on the condition of another real estate
office.
The size of the lot bothers me. Another conflict is
depth. Most of the commercial lots in this area exceed
the depth of this lot.
Is your client aware that if this is zoned commercial, it
will come under the jurisdiction of H control.
My client will have to comply with off-street parking,
etc. as required by H. control.
It was suggested that the applicant get together with
property owners to rear of property, and discuss combining
for mutual benefit. Was such a discu~sion held.
Peter Kalmoutis advised that such a discussion had not
taken place at this time, since it was ~nderstood the pur-
chaser does not ~Jj_sh to spend additional money on the propert·,'
to the rear. There were no further comments from the
audience.
Commissioner Fitzgerald abstained from the discussion.
The City Attorney mentioned there had been a protest filed
September 24, with twenty-four' signatures opposed to this
application.
The City Clerk read the protest.
-2-
Leonard:
Ruffo:
Leonard:
Thé 'City Attorney reminded the Commi~sion that action by a
Planning Commission relying fully on hearsay is unsupport-
able and courts have overruled decisions where this is the
case. The law permits pet1tions, oral testimony, any
statement not made under oath, but recognizes it as hear-
say. Therefore, the only part of the petition that is
valid is the protest itself, since the intended use of
the property is at present all hearsay.
Was this petition presented in person at one of the
hearings?
Yes, it was.
The property owners who went along with rezoning of Lot
#37 in 1957 helped create the present s~tuation.
Mr. Mark Kelly arose to state that he was one who approved
the original petition for rezoning but he does not want
to make the same mistake twice. Commissioner Leonard
moved the hearing be closed; seconded by Commissioner
Small. All in favor.
On the theory that the owner, on hardship grounds will in
due course, come back with a proposal more acceptable,
I move for denial of this application. Seconded by
Commissioner Frolich.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Motion carried 4 to O.
Frolich, Leonard, Small, Snyder
None
Adamo, Rampy
Fitzgerald
Commissioner Small moved .to reverse the order of items
Band C. Seconded by Commissioner Leonard. All in favor.
C. M. W. KELLY & C. D~ MARSHALL: Applications 66 and
67-Z-62 to rezone lots 34 and 35..Tract 584 from R-3-H
to R-lj S/S Kirwin Lane, Felton Park. First hearing.
Mark Kelly reported that in 1950 the Kelly and Marshall
property was zoned RI. In 1955 it was changed to R-3. This
came to light when the taxes jumped. Since Mr. Kelly has
no intention of putting up multiple dwellings, he would
like zoning changed back to Rl to bring the tax rate down
to a more equitable basis.
There were no further comments from the audience.
Commissioner Small moved that the first hearing be closed,
seconded by Mr. Fitzgerald. Carried 5 - o.
Commissioner Frolich
67-2-62 be approved.
Carried 5 - O.
moved that Applications 66 and
Seconded by Commissioner Fitzgerald.
RECESS AT 9:05
RECONVffi~E AT 9:10
B. CUPERTINO TOWN CENTER: Applications 56-6ç; 2-62 for
rezoning 103 acres from M-I-H, M-2-H, R-l, B-2, R-3-H
and C-I-H to PC-H (Planned Community District) southeast
corner of Highway 9 and Stevens Creek Blvd. Second
hearing, continued. (Commissioner Fitzgerald vacated
seat)
Abraam Krushkhov, planning consultant for the owners,
reminded the Commission he also appeared August 27, at
which time a PC-H zoning had not been adopted. This is
now law, and the owners know the requirements, and their
uses would be adequate and appropriate. The proposed
Cupertino Town Center now c<m.stitutes about $12,000 worth
-3-
of planning that the city would eventually have to do.
Mr. Krushkhov compared the relationship of the town center
to the Master Plan.
Snyder: On October 3, the Planning Commission met with the City
Planner, and at that time the Cupertino Master Plan schedule
was presented. Completion of the Master Plan is scheduled
for January 1, 1964. Public review is scheduled for
October 1, 1963.
Small: The Master Plan is not going to be the final word. It will
be a guide of where we are going. We certainly aren't
gOing to be able to hold hearings on the Master Plan in
one or two meetings. It will probably take two or three
months. The applicants have applied for probably the
toughest ordinance. The town center would require a
master use permit, then each business would require a use
permit individually.
Krushkhov: Under present zoning, the applicants could go ahead and
develop certain areas on this property, and this might
result in strip development, rath8r than a planned center.
Besides the fact that the property owners have financed
the study, and have dedicated the land for the widening of
the highway, their action can undo heavy industrial zoning
now existing.
No other comments from the audience.
Leonard: Instead of looking on the negative side of things, is
there any objection to reviewing what is right with the
plan. Sooner or later we will have to recognize a town
center. The location is not a bad one. This plan appears
to be well thought out and reasonably comprehensive.
Snyder: It appears to be good commercial, removing heavy industrial.
What type of commercial is planned?
Krushkhov: The report goes into detail, but there would be a department
store, variety store, men's and women's apparel with prime
interest on comparison goods,such as large household items.
In addition there will be small six-story apartment houses.
The property owners have come up with an innovation, a mall
that winds, instead of the standard walk.
Existing
Proposed
MI-Cl
52 acres
70
Existing R3-Rl 52
Proposed 30
Existing Residential 361
Units
Proposed 489
128 additional units.
Leonard:
I agree with Mr. Leonard as far as positive approach.
There are some present disagreeable uses in this area now.
This plan grants the city considerable leverage and
guarantees that the disagreeable uses would not be replaced
with something equally bad.
We need something in the way of shopping and recreational
services. The educational thing has been worked to death.
Half of our acreage is uncommitted. If we can turn up
any interest by the owners, we might find a pretty fair
balance in several directions.
Frol1ch:
Small:
Asked if there were any letters for or against the town
center.
City Clerk: There are no letters of any kind regarding this matter.
-4-
Frol1ch:
Moved the hearing be closed, secondêd by Commissioner
Small. Carried 5 - O.
Commissioner Leonard suggested the full commission meet
to try to rough out a draft before the next meeting.
When questioned, the City Attorney could see no problems
legally arising on this action. However, he thought there
should be a heavier representation of the Commission, and
that it should be on a regular meeting night.
Commissioner Small moved that various
be submitted at a meeting November 7.
Commissioner Frolich. Carried 5 - O.
Commissioner Small moved that Application 56 through 62
be continued until November 13, seconded by Commissioner
Frolich. Carried 5 - o.
findings of facts
Secondèd by
V. UNFINISHED BUSINESS
A. A. M. ROUTT: Application 19-T.M.-62 for tentative map
approval: 8.9 acres west of Miller, on east side of
Calabazas Creek zoned R-3-H (Formerly Nose & Les Tom).
(Applicant did not reapply for R-24-H as indicated at
last meeting.
The applicant, through Commissioner Fitzgerald, asked for
postponement to prepare necessary exhibits.
Commissioner Small moved the applicant be granted post-
ponement of two Weeks. Seconded by Commissioner Leonard.
Carried 5 - O.
B. George Volker (Wilsey, Ham, & Blair): Delivery of Base
Maps.
Mr. Volker was unable to deliver the base maps, as they
are still being prepared. Mr. Volker did consider a
schedule for meeting with the Planning Commission once
a month, or as necessary to review materials prepared.
Commissioner Snyder aslced just how the Master Plan should
be presented.
The City Attorney suggested:
1" Public meetings
2. No decisions should be made until hearings are pub-
lished and held.
Mr. Volker said this is just preliminary data gathering, and
for the first few months there will be reports submitted
on what has been found to be population characteristics of
the community.
Commissioner Snyder said we can handle this by making
proper notice in the newspapers.
The City Attorney warned against making any decisions on
the Master Plan.
Commissioner Frolich feels that until we get to the public
hearings, the less formal approach would be satisfactory.
The City Attorney sees no reason for prohibition of comments
from the audience. If people are not notified, an air
of suspicion can be created.
Commissioner Snyder recommended giving the schedule for
Progress Reports on the Master Plan to the newspapers,
The City Attorney recalled an instance where the plan was
very clear to all of the councilmen, but not to the public,
and feels we should prevent this.
_h._
The illoet1ng sonodulg ~Q ao rollows:
December 11 - Cover first three items.
January 15, 1963
February 13, 1963
This would be the Tuesday following the Planning Commission
meeting, and the City Clerk will check with the Planner
before meeting, just in case the material to be presented
isn't ready.
George Volker added that they have had a very fine working
relationship with the county staff. At present, a county
staff member spends a day with the Planner, and a member
of the Planner's office spends a day with the county office
each week to insure that we're on the right track.
VI NEW BUSINESS
A. Miscellaneous
1. Commissioner Frölich asked about the motion to have
the city staff do something regarding R-3-H ordinance.
Commissioner Snyder will follow up with the City
Manager.
2. Commissioner Fitzgerald, being questioned, mentioned
that the Chamber of Commerce has published their
brochure for homeowners.
VII ADJOURNMENT
ATTEST:
i
,
\-'1~' '_ C ,C..'.
Lawrence K.
APPROVED:
/s/ Cha,!'.L~s_rs:._S12;ycier
Chairman
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Martin, City Clerk
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