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PC 01-13-64 252-4505 10321 So. Hwy 9, Cupertino, Calif., 95014 C I T Y 0 Feu PER TIN 0 CUPEHTlNO, CALIFOHNIA f('. TIME: PLACE: 8:00 P.M. Board Room, Cupertino - 1-13-c''t Elementa.ry School District I SALUTE TO TIlE FLAG II ROLL CALL: Comm. present: Adamo, Fitzgerald, Rampy, Small, Thomson, B'polich Comm. Absent: Snyder Staff present: City Attorney, Assistant City Engineer MINUTES OF THE PREVIOUS MEETING: December 23, 1963 Comm. Fitzgerald moved the minutes of December 23rd be approveq as read. Motion seconded by Comm. Rampy. III CO~'IMUNICATIONS: A. Written: (1) (2) (3) (Lr) (5) B. Verbal January 2nd County Planning Commission Agenda and December 18th Summary of Action. December list of recorded subdivisions. Announcement of the Tri-City Council to be held January 17th. Letter from Foothill College transmitting their DeAnza Colleße master plan and photograph of same. Carbon copy of a letter to Mr.. Warner Wilson from ¡VIr. J.. A. I¿lehart, Assistant Supt. of Business, Cupertino Union School District, regarding a rne\;:t:ì.ng which originated in Ohio, the theme of which was, "Economic Grol'rth through Quality Education. " (6) Letter from Mrs. Dorothy Varian regarding the master plan and urging cooperation with the County PJ.ar.ming Commission in regard to parks, zoning, etc. (7) Letter from,Mason Enterprises requesting a contin- uance on their application, with no specific date set. Chairman Frolich asked the Assistant City Engineer to provide copies of Mrs. Varian's letter to the City Council members and to the Planning Com- missioners. Comm. Small ,moved the written communications be received and filed. Comm. Fitzgerald seconded the motion. Mr. John MacGowan, 12106 Kristy Lane, Saratoga, and Father Ryan, of St. Joseph's of Cupertino were at the -1- meeting. Mr. MacGowan stated the Church has an option to buy 10 acres adjoining the Church property and wanted to kno," if the Commissioners foresaw any stumbling blocks in obtaining a Use Permit for expansion of the Church and school buildings. He submitted a sketch of the property on which they have an option. Mr. MacGowan was advised by the City Attorney that a Supreme Court ruling could nullify any Use Permit granted by the Planning Commission if they formed or gave any opinion before the application were submitted to them. IV HEARINGS SCHEDULED A. GENERAL PLAN FOR CUPERTINO: Continued. The Assistant City Engineer stated the reports were given to him by the Consultants at 4:30 this day so he had no time to check them for errors or to give them to the Commissioners before this meeting to enable them to read them beforehand. The City Attorney advised the Commission to schedule a study session to review the report before passing judgment on it. Comm. Fitzgerald moved the Planning CommissJon meet at 8 P.M. on Thursday, January 23rd, to study the General Plan Report and Resolution 183. Comm. Rampy seconded this motion. Motion carried,6-0 Comm. Fitzgerald moved to continue the Hearing on the General Plan until the next regular meeting. Comm. Small seconded the motion. Motion carried, 6-0 B. MASON-CROCKER CORP.: Appl. loo-z-63 to rezone approxi- mately 14.68 acres from R-I-A:B-2 and R-l to C-I-H and R-24-H; north side of Stevens Creek Blvd, 800' west of Stelling Rd. 5.02 acres to C-I-H and 9.66 acres to R-24-H. Continued. Mr. Robert Reese, of the Mason-Crocker Corp., put his map on the bulletin board and briefly reviewed the drainage situation for the benefit of Comm. Rampy, who was not present at the last Hearing and to refresh the memory of the other Commissioners. He explained that a 10" sanitary line 9' deep exists at the north end of the Stoneson property to which they would probably connect. They would take the storm drains north to the freeway. Comm. Thomson asked what the zoning was on the Saich property to the east, Mr. Reese thought it was either agriculture or R-l. Comm. Thomson moved application 100-z-63 be denied. Comm. Fitzgerald seconded the motion. Comm. Thomson commented that this is a small parcel of land and there are no commercial properties adjoining it; hence, his motion for denial. He added that it is too early to approve commercial zoning here. -2- AYES: Comm. Fitzgerald, Rampy, Thomson NAYS: Comm. Adamo, Small, II'rolich ABS&~T: Comm. Snyder 3-3 Comm. Small moved application loo-z-63 be continued to the next regular meeting since the vote was tied. Comm. Fitzgerald seconded the motion. Motion carried, 6--0 C. DURA-STYLE HOMES, INC.: Appl. I02-Z-63 to rezone 35 acres from R-l:B-2 to R-24-H; east side of Foothill Blvd. and south side of HartmanDrive. Second Hearing continued. Comm. Small excused himself from ,this application. Mr. Mike Engdahl, his son, Mike Engdahl, Jr., Mr. Goodwin Steinberg, and Mr. Leo Ruth were present to show why they felt this property should be rezoned. They began theIr presentation with a 15-minute film entitled "New ConceptÐ In Cornm'.mity Dwel1ingfJ." It dealt with the type of living conditions prevalent a ßeneration ago and on through the war years and the present trends. The film illustrated the "Planned Community," the "Cluster Plan," and the "Town House" concepts of future developments and pointed out all the advantages of these types of developments. Mr. Engdahl stâted he was asking for R-24 zoning only because it is the only type of zoning under which his proposed development would fit. He plans to put 6 to 7 living units per grosf> acre on the 35 acres. There will be one dedicated street, and the house, garage, and small yard will be dedicated to the owner. There will be a common green area with facilities for tennis, bad- minton, etc OJ which will be owned by the community. These homes will cost $24,000 to $27,000. Mr. Engdahl stated that, due to the feeling of the people across the street on Hartman Drive, he is willing to put a row of 8000 sq. foot lots with homes on them facing Hartman Drive. Mr. Steir.berg, the architect, went on to say that the main entrance to this development would be onto Foot- hills Blvd. and there would be no access to Hartman Drive. There would be 7 units in a cluster in a park-like setting with above-average brick patios, brick entrances, bay "indows, and expensive lighting fixtures. He presented drawings of the star-shaped and cross-shaped buildings which will be used in this development. Mr. Steinberg felt this type of project would be an asset to the area. Mr~ Ruth, the Civil Engineer for this development, stated the storm drains and sanitary sewers are avail- able. There will be an 8",sanitary sewer line and 16" water main. He stated that the developer would put in a secondary access road to .extend to Amelia Court, thus , pròviding access to Old Stevens Creek Road. Còmm. Fitzgerald questioned whether this was wise since Old Stevens Creek Road has been bloc!<ed because of the treacherous traffic conditions where it meets Stevens Creek Blvd. -3- Chairman Frolich asked for comments from the audience. Mr. Dan O'Drien, 22181 Alderney Ct (Creston Subdivisionl stated he was concerned with the effect of the use of this 35 acre parcel in relation to the already existing community. He illustrated his point with a map which he had prepared, showing existing zoning and existing use of the land in that al'ea. Mrs. J. C. MacDonald, 10571 Ainsworth Drive, stated she is the Vice-President of their Homeowners' Improvement Association, and she felt that if this application is approved it will be 3 times the density of ti'j.;garea . In addition, it will create a critical school problem and will add at least 500 automobiles to the area. She felt it would double or treble service problems and expenses while providing no additional taxes. Mrs. MacDonald stated this development "ould be of no benefit to the neighborhood and would actually cost the city. Chairman Frolich asked for a show of hands of those in the audience in opposition to this development. There were seventeen. Mr. Steinberg stated that in his research he learned that this type of development would yield approximately 1.21 children per dwelling unit and, therefore, should not cause a school overcrowding problem. Mr. Hose, Stoneydale Drive, Cupertino, stated that he felt this was a very nice development but that it simply did not belong in this area. Camm. Thomson commented that this concept can be used by cities and this particular one has been well thought out but: (1) This is zone 5 on the General Plan "hich calls for 3 units per acre and if we approve this it will be going against "hat is recommended by the General Plan and, (2) This is a prime location and he would like to see R-l go in here. To summarize: This is the wrong place for this kind of development. Comm. Fitzgerald agreed with him. Comm. Adamo agreed, saying that he had gone out and checked the terrain and he felt the slope is the same or less than in Creston. Chairman Frolich also agreed, saying it "ould be an intrusion on the neighborhood and would throW the Master Plan out of kilter. Mike Engdahl, Jr., asked Comm. Thomson where this development "ould fit in. Comm. Thomson said he would like to see this development go into an area that is zoned multiple. Comm. Fitzgerald said that the Stoneson property would be a good spot. Comm. Thomson moved to close the Second Hearing. Comm. Fitzgerald seconded the motion. Motion carried, 5-0 -4- Comm. Thomson moved appJ.icatj,on 102-2-63 be denied. Comm. ]'Hzgcrald seconded the motion. AYES: Comm. Adamo, Fit~3gerald'l Thomson, Frolich NAYS: Corlim. namp] ABSTAINED: Comm. Small ABSEN'r: Comm. Snyder Motion carried, 4-1 Chairman Frolich advised the Dura-Style people of their right of appeal to the City Council. D. PAUL MARIANI, ET AL: Appl. 106··110-z-63 to rezone approximately llL'.5 acres fr'om A-2:B-4, R-l:B-2, R-l and R-3-H to PC-H; east and west of Highway 9, north and south of Mariani Avenue. Second Hearing. Mr. Mariani stated he had gone through the check list with the City staff and all seemed to be in order. The Assistant City Engineer stated that, while the map complies with the check list, it shows a street pattern Ì'¡hich consists of widening GXlsi:;ly¡g "treats and the Plannine; "otTImission may want to consider some interior streets,' Sortie sort of street pattern should be worked out to give access to the property to the rear. Comm. 'rhomson commented: "It warms my heart to see a large parcel like this being used for commercial." Comm, Fitzgerald asked if the Engineering Dept. there should be no further access to Highway 9. Assjst~1Dt C:\.ty Engineer s::Ü(I it wouldn't be too so near the access road to the freeway. feels 'l'he good Chairman Frolich stated.. "'l'his parcel has been kicked around by the City for a couple of years and I hope that everybody realizes the advantages of a unified use of this property." Comm. Adamo moved to close the Second Hearing. Comm. Small seconded the motion, Motion carried, 6-0 Comm. Adamo moved application 106-lI0-z-63 be approved, subject to the 12 standard conditions and that a road pattern be worked out to the satisfaction of the Engineering Department at the time of development. Comm. Small seconded the motion. AYES: Comm. Adamo, F'itzgerald, Rampy, Small, Thomson, Frolich NAYS: None ABSENT: Comm. Snyder Motion carried, 6-0 E. SMILINI BILL'S FURNITURE CO.: Appl. lll-Z-63 to rezone 2 acres from R-l:B-2 an.d H-3-H to C-I-U; north side of Stevens Creek Blvd., 120 feet west of Portal Avenue. Second Hearing. Mr. Sc1.1acci again presented the renderin6 of the pro- posed 30,000 sq. ft. furniture store. He pointed out that there would be 2 exhaust fans and 7 intake ducts -5- and, therefore, did not fecI the need for air condition- inß which Viould reqlÜre an unsightly unit on the roof. When asked by Comm. Adamo v¡hether he had tried to get the corner lot, Mr. Scilacci stated that he had but that the cost was pJ:o]Übitive. He said they have 180' frontage and that t]~e parking accommodations could be set up in the back as well aø the front, however the governing bodies of the City felt was best. Chairman Frolich asked for comments from the audience. There were none. Comm. Small moved the Second Hearing be closed. Comm. Adamo seconded the motion. Motion carried, 6-0 Comm. Small moved application Ill-Z-63 be recommended to the City Council, subject to the 12 standard condi- tions. AYES: Comm. Adamo, Fitzgerald, Small, Thomson, Frolich NAYS: Comm. Rampy ABSENT: Comm. Snyder Motion carried, 6-0 F. VINCENT J:lRANZELLA: Appl. 37 -u -63 for a Use Permit to enlarge and remodel Produce Stand at 10477 N. Hwy 9. Mr. Franzella stated he had left his rendering with the Building Department, assuming it would be brought to this meeting. He explained that he planned to add 10' to the front of the building wlth an aluminum a"ning and would bring the collapsible fence up to the front to make closing up at night easier. He felt a new front would make this fruit stand look much better. Chairman Frolich asked for comments from the audience. Mr. Burrell Leonard stated that this fruit stand "as before the PlanninG Commission 5 or 6 years ago when they came into the City as an existing, non-conforming business because the ?'oning did not conform with the use. In theor;y, it could not be expanded. The non- conforming Use Permit was granted by the County and taken over by the City when it incorporated. Mr. Leonard said they were asked at that time if they wished to rezone (which would involve dedicating streets, sidewalks, etc.) and the operator elected to continue on his non-conforming Use Permit. The City's Assistant Engineer pointed out that 80' have becn improved, but that another 20' r~main to be im- proved. Comm. Fitzgerald moved the Hearing be closed. Comm. 'rhomson seconded the motion. Motion carried, 6-0 Comm. Fitzgerald moved application 37-U-63 be granted. Comm. Thomson seconded the motion. Comm. Fitzgerald amended his motion that this Use Permit come before the H-Control Committee and that the 2-year Use Permit is renewable without further action by the lessee. Comm. Thomson seconded the amendment. -6-- AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Thomson, Frolich NA YS: None ABSENT: Comm. Snyder Motion carried, 6-0 Chairman Frolich instructed Mr. Franzella to see the Building Inspector to possibly get him on the H··Control agenda for the following night and the City Council agenda the following Monday night. G. ALLEN L. CHADWICK: Appl. u6-v-63 for a Variance to the Sign Ordinance to allow a total sign area of 361 sq. ft. where Ordinance allows 169 sq. ft,; south side of Stevens Creek Blvd., 350 feet west of Blaney Ave. Continued. Mr. Chadwick presented his rendering of the proposed signs, to extend out on either side of his sales office. He explained that the signs would be 3' x 40' long and would not be higher than II' off the ground. They would be above a fence which will partition the better cars off from the older' cars in the rear. '1111e bill- board type lights will extend out about 2' and will help illuminate the ca.r lot. lVII'. Chadwick said he will have $11,000 worth of lighting fixtures on this lot. lI1r. Rocky Stone said that estheticswise, Mr. Chadwich's idea for these signs is a good one. The lights will reflect back on the cars. Mr. Barnett Kernoff, developer of the neighboring pro- perty, was interested in the lighting since it backs up against his development and wi.nted to be sure there would be no ob,iectional lighting overlapping onto his property. Chairman Frolich stated that the building is too small to conform to the ratio needed for sign under the present ordinance. He asl¡ec1 for additional comments from the audience. '1'l1er8 were none. Comm. Small moved the Üearin2; be closed. Comm. I1'i tZGerald seconded the motion. Motion carried, C-O Comm. Small moved application i<,6-v-63 be approved, subject to the condition that the top of the sign is not to exceed 11' and the variance is to expire at the time additional buildings are constructed, and that minimum lig:'lting shall be shining to the rear of the property. Comm. Thomson seconded the motion. AYES: Comm, Adamo, Rampy, Small, Thomson, Frolich NAYS: Comm. Fitzgerald ABSEN'l': Comm. Snyder Motion carried, 5-1 V UNFINISHED BUSINESS A. Miscellaneous - None VI NE'Ñ BUSINESS A. Miscellaneous - None -7- B. STUART MOLDAW: Appl. 32-TM-63 for tentative map ap- proval on 30 lots, west side of Blaney Avenue, 400' south of Stevens Cr'eek Blvd. Architect Ned Abram"! displa:;"ed renderings of the garden apartments, noting the change in the street pattern at the City Council level. The Assistant City Engineer call attention to some points to be considered: (1) Location map (2) Date of the map (3) 'l'he interior streets, on this map indicate 22' widths where those originally'presented to the Planning Commission were 27'(4) The Sanitary District says 10' easements would have to be dedicated (5) The Health Dept says a well located on Lot 54 must be filled and a septic tank backfilled. The City Attorney requested a copy of FHA on Deed Restrictions should be included. that he had read it but that he would not opinion it. The City Attorney questioned the power of the Homeowners' Association to establish a lien on lor more of the units for maintenance of the green areas. He said this would have to go through the courts. requirements He stated give a legal Comm. Fitzgerald moved application 32-TM-6~ be approved subject to: I. Location map 2. Date ' 3. 10' easement dedication to the Sanitary District 4. Lot 54 septic tank seal cd and well backfilled. 5. Correct legend to indicate all areas not il'llots is common area. Motion seconded by Comm. Small. AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Thomson NAYS: Comm. F'rolich ABSENT: Comm. Snyder ~10tion ca.i,'.I'ied, 5·-1 Chairman Frolich explained his negative vote by saying that he much preferred the architect's original concept. VII ADJOURNMENT Comm. Thomson moved to adjourn at 11:20 P.M. Comm. Small seconded the motion. Motion carried, 6-0 APPROVED: ...bJ Donald FroUch Chairman ATTEST: "L o ert . Shook, ecretary Planning Commission