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PC 12-09-63 , 252-4505 ~y 9, Cupertino, Calif., 95014 or T Y OF CUP E R T r N 0 CUPERTINO, CALIFORNIA MINUTES FOR THE REGULAR MEETING OF THE PLANNING COMMISSION, 12/9/63 1032. TIME: 8:00 P.M. PLACE: Board Room, Cupertino Elementary School District I SALUTE TO THE FLAG: MOMENT OF SILENCE IN HONOR OF OUR LATE PRESIDENT II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS: November 13, 1963 & November 18, 1963 Commissioners present: Adamo, Fitzgerald, Small, Thompson, Frolich Commissioners absent: Rampy, Snyder Staff present: City Attorney, Assistant City Engineer Mayor Jewett administered the Oath of Office to the new Planning Commissioner, Dr. Scott Thompson and introduced him to the audience. Pictures were taken of the Mayor, Chairman Frolich, and Commissioner Thompson. Comm. Fitzgerald moved the minutes of the November 13th meeting be approved. Comm. Small seconded the motion.. Motion carried, 5-0 Correction to November 18th minutes made by Chairman Frolich: Page 5, Section 1:1 d. of Ordinance No, 002(q) --- The addi- tion to the end of the sentence should read as follows: "unless existing back fence or live planting is acceptable to the Planning Commission, H-Control, and the City Council, or unless other treatment has been predetermined in the zoning conditions." Comm. Small moved the minutes of November 18th be approved as corrected. Seconded by Comm. Fitzgerald. Motion carried, 5-0 III COMMUNICATIONS: A. Written (I) (2) (3) (4) Agenda of the County Planning Commission for Nov. 20 and action of Nov. 6. Agenda for the Dec. 4 meeting of County Planning Commission. Standard form creating subdivision number to the Bogdanich tract on McClellan. Notice of a Use Permit application of the Dec. 4'Cty Planning Commission meeting for a rest home off Tantau. A list of subdivisions recorded for Oct. and Nov. Planning Officials' Newsletter. Communication from the City Attorney concerning the adoption of the General Plan, referencing the Govern- ment Code as to number of meetings required. Chairman Frolich announced to the audience that the two public Hearings for the Planning Commission are scheduled for December 16 and 23. {~} -1- B, Verhal Nr. John Z8hm8, 101.65 ,.·tc~(Rb'\).'g. ("lpertlno, had three questiüns J'fJJ.' 1-..1:\.f:~ J.'.ì2.~11!,ij.lg ;O~!!f~J.).S;,'j.r.;n~ 1) Shall à street sepèlrate Z()',inb éijv:;.s~.ons? Chairman Frollcb Haid -clJ8re :Ls no Ep'?c:Lfir; :t'uling ,on this; up to now l t has h8t.~n :fpJayed by ea::: (I II 2) v,That cor.stitnte::ò å" e.lley and what is considered a driveway? 'The City Attorney stated that alleys are usually iil con:1ectiün I'd th commercial property. Dl"iveways are usuall~· ¡¡sed by one or more living unit. When used by just one it is up to the discretion of that property owner as to the condition of it. If used by more than one living unit the City can step in. 3) What is the required width and is a hard wall required at, the property line between multiples and R-1. The City Attorney stated this is a matter for the H-Control to decide since there is no specific ordinance on it. Mr, R. W. Cooper, 10175 Vicksburg, Cupertino, asked what the policy is on off-street parking for duplexes, etc. The City Attorney stated the ordinance is now being revamped 2"1('1. brought; '4,··to-date 0 Comm, Small moved t.1:1e cOinmunications be received and filed 0 Comm. Pi tzge:,-',1.1d seconded. Motion ca:r'riecl, 5·-0 IV HEARINGS SCHEDULED: A. WALTER A. EDWARDS: Appl. 97-2-63 to rezone approximately 1/3 acre from F>2··I! to M·-I-H; we3t side of Peninsula Ave. .approximately 400' north of Stevens Creek Blvd. Continued. The Assistant City Engineer reported a letter from the Dept. of Public Works in answer to the letter the City sent them. They felt that prohibition of truck traffic. on Peninsula Ave. and/or resurfacing of that street are both doubtful. There was also a letter from the applicant concerning the type of truck traffic which can be expected. :l:t was his feeling that truck traffic would be inc:r'eased 2 or 3 times. The Assistant City Engineer stated he had spoken with a man in the Public Works office who indicated that the property owners shoulð petition the COU:1ty to have the subject streets closed to truck traffic. Comm. Small stated that with Southern Pacific presently en- gaged in using this area for loading and unloading, it seems likely that this would continue whether or not a new building is put on the land. Also, the applicant is willing to go before H-Control. Corom. Fitzgerald directed a question to the City Attorney. What are the City's chances of condemning land owned by SP in order to make a 60' street through here? The City Attor- ney replied that as soon as annexation is accomplished, the odds are pretty good by asking for a higher and better use. Comm. Thompson asked what alternate uee could be made of this area. ChairmanFro1ich stated, "None, probably." Comm. Adamo was concerned about access to the 15 or 16 acres of prune orchard in back of the SP property. The Assistant City Engineer stated there is an existing IW' i's·¿·dway now to the orchard and there are 21' from :the Pz,.,uoRed :,uilding site to Peninsula Avenue. -2- Comm. Small felt that if the Planning Commission denied this application there would still be loading and unloading going on and, ~f there was a tenant ~n the new bu~lding the main- tenance would be under better control. Comm. Small moved appl. 97-Z-63 be recommended to the Council for approval. Seconded by Camm. Fitzgerald. AYES: Comm. Fitzgerald, Small, Thompson, Frolich NAYS: Comm. Adamo ABSENT: Comm. Rampy, Snyder Motion carried, 4-1 B. EXCELL AND SON: Appl. 99-Z-63 to rezone approximately 12 acres from R-l to R-24-H; north of Voss Avenue, east and west of proposed Lockwood Drive. Second Hearing. Clv. Engr.Gene Mastin made the presentation. He explained that Lockwood will divide the parcel into equal portions, thereby making it a little eaSier to develop. Comm. Fitzgerald wanted to know what the City Engineers thought about this road pattern. The Assistant City Engineer stated that originally, Lockwood was laid out straight, but that his department could foresee no special problems with the way the applicant planned to curve it. He stated the storm drain would go out Lockwood to Permanente or to the school property. Mrs. Anthony Voss, 10445 Foothill Blvd., Cupertino, in the audience, preferred Lockwood to go straight through since she is very much interested in getting the school children to their school without crossing the Caroline Qardens property. Chairman Frolich pointed out that this will be accomplished by way of an easement for a path to the school on the north- east corner of the property¡ Comm. Small moved the second Hearing be closed. Comm. Fitzgerald seconded. Motion carried, 5-0 Comm. Fitzgerald moved appl. 99-Z-63 be approved, subject to the 12 standard conditions. Seconded by Comm. Adamo.' AYES: Camm.Adamo, Fitzgerald, Small, Thompson, Frolich NAYS: None ABSENT: Camm. Rampy, Snyder Motion carried, 5-0 C. MASON-CROCKER CORP.: Appl. 100-z-63 to rezone approxi- mately 14.68 acres from R-l-A:B-2, R-l:B-2 and R-l to C-l-H and R-24-H; north side of Stevens Creek Blvd, 800' west of Stelling Road. 5.02 'acres to C-I-H and 9.66 acres to R-24-H. Second Hearing. Mr. Robert Reese, of the Mason-Crocker Corp., submitted ren- derings of the proposed use for the property ¡' He stated he had contacted the Cupertino School Dlstrictand discovered they intended to enlarge Garden Gate School, utilizing the adjoining property. Mr. Reese stated the storm drainage could be acoomplished in 3 ways, and indicated on his drawing the most likely way; i.e., along the property to the freeway. -3- Comm. Fitzgerald asked if they planned to install the storm drain now. Mr. Reese answered in the affirmative. At this point, Comm. Thompson asked where the proposed alter- nate. park site was. He was informed that this was the spot. Chairman Frolich asked for comments 'from the audience. There were none. , The Assistant City Engineer stated a 'letter from the Sanitary District c.onfirmed the sewer location to be acceptable to them. ,'I'he wa ter;J.il')r. ,Hh to com~ .f~om the west.. It Mr. Reese and "th~ S1;çme~ot;l..people cÍi¡:} g~t tds;et1;er it s'èems all right. " Comm~ Tþpmpø,op.~ß,k;eqwMt, Wç)1:qqgoorLt~comme:t'cia1 frortion. 'iMr. ~eese I ~ f,'èel:in'g':1,a tlW,t t;heClty df 'Cupert:1.no is lover sto:red" at. th:1,s. t;l.m~,anÇl Jhat h~s cqI'pç¡rationwill hold this land in reserve .for ~dme ,high qûàli~y'bus1hès~oln the future. Comm. Fitzger,a1d asked. if Mr. Reese intended to show a street patte.rn. MI'. Reese stated he w,as not prepared to do so at this t;ime but would çring in a map .for approval. Comm,. Fitzger¡l:ld Wopdered what would happen if the City, grant- ed this zoning application and Mason-Crocker should sell and the new owner would put in a pizza parlor, hot dog stand, or the like. Mr. Reese státed that the price of this land would not make that feasible. 'l'he City Attorney offered the information that the applicant will want subdivisible property later and at· that time he could present his tentative map. Comm. 'I'hompson wanted to know the hurry in getting this com- mercial zoning if they did not plan to use it right away. Mr. Reese said it would act as a "hunting license" to ac- quire a suitable business. T,he Assistant City, Engineer said the Department of Public Works and the Division of Highways had no objections. Comm. Sma.ll moved the second Hearing be, closed . Comm. Fitz- gerald seconded. Motion carried, 5-Q Comm. Small moved appl. 100-z-63 be recommended for approval, subjec't to the 12 standard conditions and 13. the storm drain problem to be worked out to the satisfaction of the City Engineering Department ànd 14. the tentati~e map to be sub- mitted to the City prior to issuance of the building permits. Comm. Fitzgerald seconded the motion. A¥E3:; Comm. Adamo, Smal.l, Frolich NAYS: Comm. Fitzgerald, Thompson' ABSENT: Comm. Rampy, Snyder Motion failed (interpretation by City Attorney) Comm. Fitzgerald moved to continue this application at the next regular meeting when it is hoped there will be a full commission. Comm. Small seconded. Motion êarried, 5--0 -4- D. DURA-STYLE HJMES, INC": App!. 102-2-63 to rezone 35 acres from R-1: B-2 to R-2J+-H; east side of Foothill Blvd and south side of Hartman. Drive. Fj.rst Hearing. Architect Goodwin Steinberg, of Los Altos, submitted render- ings of the proposed deve1.opmento He 'cold the Chairman he was under the impression there were strong feelings against this development and wondered if he could first hear these protests so that he may direct his presentation toward them. The Assistant City. Engineer read a petition signed by 191 residents citing road problems and school problems which would be incurred if this development were approved. There were also letters of protest from Mrs. Dan Lansdon, Mr. and Mrs. Raymond, Mr. & Mrs. Edmund Fowler, Mr. Jerry Newcomer, Mr. & Mrs. Warren Roberts, Mrs. Anthony M. Plasczak, & Mr. Stephan Hall, also Mr. & Mrs. Brainard Plehn. Mr. Steinberg then proceeded with his presentation. He wanted to point out that they were not proposing to put apartments in this area. They propose to have 7 units to the acre and not only would they be compatible with R-l, they would improve the 81'e,,\0 1'h8 254 units would be sold individ- ually, have 2··"ô.r gar&ges per unit, 250 additional parking spaces, shake roofs, lL~50 to 1650 sq. ft. living area, a minimum of 400'q. ft. patio area, would be completely land- scaped, and would sell fl'om $19,000 to $26,000. The green areas would include badm:'nton and tennis courts, .1utting greens, etc. The units will be mostly 3 and 4-bedroom, with a few 2--bedroom units. Mr. Mike Engdahl, the developer, wanted to point out that they are concerned with the wishes of the neighborhood, es- pecially those people on Hartman, and wanted to cooperate in any way they could. He further pointed out that each.home will be deeded and that everybody must belong to the Swim Club and help pay for the maintenance. Mr. Leo Ruth, Civil Engineer, explained that the Cupertino Water System would be utilized and that a 16' water main will be installed to Foothill Blvd" Thirty inch storm drains are to be installed along Ainsworth Drive and the old fifteen inch ones are to be replaced with new thirty inch ones. The Cupertino Sanitary District e:tght inch sewer is to be instal* ed. They planned to locate the electrical and telephone lines underg~ound, if possi~le. As to the roadway system, Mr. Ruth stated there would be a road off Foothill Blvd. to Ainsworth and Amelia Court would be dedicated. There would be a secondary access road from Amelia to the school property put in by the applicant. The City Attorney asked who would keep the fees to the common areas. Mr. Ruth said they will be deeded over to the home- owners within a group where their horn is setting. They will have 35-year mortgages. In the event a homeowner pays cash for his home, he must still contribute for the maintenance of the common green. Comm. Fitzgerald wanted to know how many dedicated streets there would be and whether it is all right to. have parks . un~er power lines. Mr. Ruth said Foothill to Ainsworth would be a dedicated street. As tö parks under pow eX' lines, he cited several ·in neighböring areas. Comm. Small statêd he has seen this t .\'pe of development in Orange County and the original one," ,¡,ere not too attractive but they have improved consid~rably. -5- · Chairman Frolich then asked the audience to sho't] hands of how many people were. present in opposition to this application. There were 28 people who raised their hands. Mrs.. Virginia McDonald, 10571 Aisnworth, Cupertino, stated she is the Vice-President of the Improvement Association in her ~rea nd that most of the people who signed the petition were aware of the renderings as presented by Mr. Steinberg. Further, she stated that no serious student of land values could say this would add to land values. Mr.Don Witche, 10310 Stoneyda1e Drive, submitted an additional petition with 38 names from the Rivercrest area. He stated that he has looked at the Preliminary Master Plan and does not believe this tends to conform with it. Mr. Ray Bottle, 10592 Ainsworth, wanted to emphasize the traffic problems. He noticed on the drawings that the street coming out to Foothill Blvd would be just about at the crest of the hill, which would create a safety hazard, compounded by the Permanente trucks going by. Mr. Dan O'Brien, 22181 A1deJ7ney ct., Los Altos, fe:l.t that nothing existing in this area would be compatible with the proposed type of development. Mr.. John Zehms, 10165 Vicksburg, Cupertino, asked ifPG & E has been approached as to using the land for a pa"k. He was told this had been done informally. Mr. Walter Ainsworth, 10692 Ainsworth Drive, Cupertino, wanted to know, in the event the applicant sold this property after obtaining zoning, is there any way "we" can enforce what "they" are presenting tonight? The City Attorney answered in the negative. Mr. Sherman, 2250 Ainsworth Drive, Cupertino, questioned whether they would get adequate fire protection with the in- creased number of residents. Chairman Frolich stated this authority rests with the County. However, the problem would be discussed thoroughly at the H-Control Hearing. Mr. Robert York noted that the applicant proposes to sell units for $23,000 to $26,000 and that nothing in Creston sells for less than $30,000. . Mrs. Henrietta Market, 2241 Starling Drive,cited the traffic hazard and objected to the opening of Amelia Court. Mr. Jerry Newcomer wanted to know if the units on Hartman would be 1 or 2-story and whether they would be accessed for the storm drains, etc. Mr. Ruth said there would be 2--story units on Hartman, but thè residents would not be assessed for storm drains, etc. Mr. Dan Lansdon, 22313 Hartman, stated he had asked PG & E about leasing some of the land for recreation ànd was told that, due to safety factors, they would not go along with it. He also wondered if toe insurance assessment would be a detri- ment to the sale of the units. He also asked whether the units would front on Hartman. Mr.·Steinberg pointed out that all but 1 would front pn Hartman and that 1 would have its side on Hartman rather than the back. Mr. Edmond Fowler, 22295 Hartman Drive, asked whether the Planning Commission felt this development would be compatible so far away from the city center and in what residents like to think of as a rural area. Chairman Frolichstated there is no policy at this time. -6- Mr. George Platt, J058 Creston Drive, asked how the developer intended to improve the area. Mr. Steinberg stated there would be a lot of green in the development because there would be only 7 units to the acre, and everything would be land- scapedand maintained. He cited duplexes in the area and felt they were no detriment to the neighborhood. Comm. Adamo moved the First Hearing be closed. Comm. Small seconded. Motion carried, 5-0 There was a five-minute break to enable those who wished, to leave. E. . WALTER P. SCOTT: Appl. 103-Z-63 to rezone approximately 8 acres from R-I:B-2 to R-3-H; south side of Homestead Road, lOa' east of Kenwick Drive. First Hearing. Ten- tative Map - 25 lots (app. 31-TM-63). Engineer Gene Mastin submitted a tentative map which showed a road continuing the one on the adjoining property to loop back up to Homestead in a large U--shape. He said these uni ts would be 4-··plexes and tb.ey would be 1 and 2--stoJ:'Y. Those on the adjoining property are 2-story. The Assistant City Engineer pointed out that the County sug- gests a walkway to be provided between lots 11 and 12 to provide access to the school. Comm. Thompson stated this would not be logical since there is a fence around the school property and it is more desirable for the students to use the front entrance to the school. The Health Department indicates that the septic tank on lot 3 should be pumped and backfilled and that sanitary sewers are to be provided. The Division of Highways stattld that no drainage will be al- lowed on the highway right-of-way. The slope is toward Homestead. The City Attorney recommended against a requirement for an easement between lots 11 and 12 unless the school district specifically requests it at the Council level. There was a letter from the City of Sunnyvalw suggesting street names to coincide with theirs. Comm. Adamo moved the Hearing be closed. Comm. Fitzgerald seconded. Motion carried, 5-0 Comm. Small moved appl. 103-z-63 be recommended to the City Council for approval, subject to the 12 standard conditions. Comm. Fitzgerald seconded. AYES: Comm. Adamo, Fitzgerald, Small, Thompson, Frolich NA YS: None ABSENT: Comm. Rampy, Snyder Motion carried, 5-0 . ., The Assistant City Engineer ~ointed .out that the map should indicate the gas and lights to be provided by PG & E. Mr. Mastin agreed. Comm. Fitzgerald moved the tentative map be approved subject to the addition of the fact that they be sF>"d by PG & E and that the septic tank on lot ::< be pumped ,;"Ç backfilled. -7- AYES: Comm. Adamo, Fit~gerald, Small, Thompson, Frolich NAYS: None q ABSENT: Comm. Rampy, Snyder Motion carried, 5-0 F. FREDERICK J. AND EMIlIA LUIPPOLD: Appl. 35-U-63 for a Use Permit for approx. 1.25 acres; 60' south of Homestead Rd on west side of Stevens Creek. Property zoned M-l-H. Use Permit sought for a convalescent hospital and rest home. Hearing continued. A letter from the applicant indicates that the Aronsons are not willing to dedicate or sell anything for a right-of-way. They intend to develop their property and don't know just where they want their streets. The City Attorney stated this poses a real problem. However, it would be possible to approve this application with an exception. There was considerable discussion of possible plans to put in the road and possibly a sidewalk before the full street is developed. Chairman Frolich felt there were three possible avenues to take: 1) Have a 20' street right-of-way with no pedestrian accommo- dation. 2) File eminent domain proceedings to obtain sufficient pro- perty to put in the proper width roadway. 3) Deny the applicationo .Engineer Stanley Mattson, 945 Fremont, Los Altos, explained that Mr. LUippold offered to put in the ful160' street if Aronson would dedicate his portion of land needed but that Mr. Aronson would not cooperate. Mr. Mattson further stated there is a time element involved in that the tenant for this development is scheduled to go in in September, 1964. Comm. Thompson wanted to know if the Commission could obli- gate the developer to put in sidewalks, etc. The City Attor- ney stated a bond would be posted to this effect. Comm. Fitzgerald moved to close the Hearing. Comm. Small seconded. Motion carried, 5-0 Comm. Fitzgerald moved to recommend approval for application 35-U--63, subject to the 12 standard conditions and 13) to reach a satisfactory agreement with the City Staff for a 40' 1/2 street from Homestead Road --- eminent domain pro- ceedings may be necessary. The City Attorney should call Mr. Aronson to discuss this. (The City Attorney said this should come through the City Manager's office.) Comm. Small seconded the motion. . AYES: Comm. Adamo, Fitzgerald, Small, Thompson, Frolich NA YS: None ABSENT: Comm. Rampy, Snyder Motion carried, 5-0 G.EXCELL & SON: Appl. 36-u-63 for a Use Permit for approx. 1..6 acres; south side of Vos·s Ave. , 200' west of Foothill Blvd. Property zoned PO-H. Use Permit sought for a convalescent hospital. Architect Gene Mastin stated they proposed a 75-bed convales- cent hospital. He quoted. Mr. Excell in that this was "just about the healthiest spot in Cupertino." -8- MDs. Vida Voss, 10445 Foothill Blvd., Cupertino, questioned whether this would be a good spot for a rest home since the quarry trucks are very noisy and frequent in this area. Comm. Small agreed with her on this point. Mr. Excell countered with the information that the people who are interested in obtaining the lease for this establishment have been on the property a number of times and are aware of the environment. Comm. Fitzgerald moved to close the Hearings.> Comm. Small seconded. Motion carried, 5-0 Comm. Fitzgerald moved to approve 36-u-63 for a Use Permit. Comm. Small seconded. AYES: Comm. Adamo, Fitzgerald, Small, Thompson, Frolich NA YS: None ABSENT: Cornm. Rampy, Snyder Motion carried, 5-0 H. BLANEY ASSOCIATES: Appl. 33-V-63 for a Variance to the Sign Ordinance to allow a sign 35' high where Ordinance allows 20'; northeast corner of Stevens Creek Blvd and Blaney Avenue. Hearing continued from July 8, 1963. Mr. Ralph Di Benedetto represented Blaney Associates. He submitted drawings of the proposed changes to the already existing sign. Chairman Frolich asked if the applicant would be willing to abide by the condition that when the property to the east of them is developed they would be willing to bring the sign down to Ordinance specs. Applicant agreed. Comm. Thompson abstained from this application since he felt he had insufficient background knowledge on this application. Comm. Adamo moved to close the Hearing. Comm. Small seconded. Motion c~rried, 5-0 Comm. Adamo m0ved to approve the variance of 15', subject to the following conditions: in the event future development to the east of the property is accomplished, the sign is to be red~ced to the Ordinance requirement of 20' within 6 months after the development of the adjoining property. AYES: Comm. Adamo, Small, Frolich NAYS: Comm. Fitzgerald ABSTAINED: Comm. Thompson ABSENT: Comm. Rampy, Snyder Motion carried, 3-1 I. ORDINANCE NO. 002(p): An ordinance of the City ·of Cupertino amending Ordinance No. 002 as amended by Ordinance No. 002(h) being the classifications "Professional Adminis- trative Park Zoning (PA-PH)" and "Light Industrial Park Zoning (MI-PH)" .... The City Attorney stated Vallco iniated action on this Ordinance. They submitted the problem to r:¡eir experts who came up with some changes as delineated i:, the new Ordinance 002(p), dated Nove~er 12, 1963.. -9- Comm.. Fitzgerald moved the IJearing be closed. Comm. Small seconded. Motion carried, 5-·0 Comm. Fitzgerald moved Planning Commission Resolution #182 be recommended to the City Council as per amended Ordinance dated 11/12/63. Seconded by Comm. Small. AYES: Comm. Adamo, Fitzgerald, Small, Thompson, Frolich NA YS : None ABSENT: Comm. Rampy, Snyder Motion carried, 5-0 V UNFINISHED BUSINESS -- none VI NEW BUSINESS A. The Assistant City Engineer was asked by Chairman Frolich if he could collect seven sets of the latest versions of the zoning ordinances and put them in folders for the Commissioners. B. FRED CLARK: Appl. l8-TM-63 - Request renewal of approval of tentative map, Lindy Land and Regnart Rd (37 lots). The Assistant City Engineer presented Mr. Clark's tentative map for approval. Comm. Adamo moved to recommend approval for renewal of the tentative map under appl. 18·-TM-63. Comm. Fitzgerald seconded. AYES: Comm. Adamo, Fitzgerald, Small, Thompson, Frolich NAYS: None ABSENT: Comm. Rampy, Snyder Motion carried, 5-0 VII ANNOUNCEMENTS The December 23, 1963, Planning Commission meeting will con- vene at 8:30 P.M. rather than e:oo P.M. VIII ADJOURNMENT Comm.Sma11 moved to adjourn at 11:56 P.M. to December 16, 1963, at the Cupertino High School Auditorium at 8:00 P.M. for Eearing on Cupertino General Plan. APPROVED: Isl Donald Frol1ch Chairman ATTEST: ¡(j.¡JJlL .. Robert S. ~hook, Secretary Planning Commission -10-