PC 12-18-63
10321 S. Hwy 9, Cupertino, Calif., 95014
C I T Y 0 F CUP E R TIN 0
CUPERTImJ0ALIFOTfNIA-
252-4505
MINUTES FOR THE ADJOURNED MEETING OF THE PLANNING COMMISSION,
November 18, 1963
PLACE:
TIME:
CITY HALL
8 P.M.
I ROLL CALL:
Commissioners present:
Commissioners absent:
Staff present:
Fitzgerald, Rampy, Small, Snyder
Adamo,.Frolich
Assistant City Engineer
II HEARINGS SCHEDULED:
A. MASON-CROCKER CORP.: Appl. 100-2-63 to rezone approxi-
mately 14.68 acres from R-I-A:B-2, R-l:B-2 and R-l to
C-I-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. First Hearing.
Mr. Robert Reese, 1050 University Drive, Menlo Park, made the
presentation. He stated that their previous development in
this area was Peppertree, and that they have been told by
people in the Industry that Pepper tree is one of the finest
subdivisions in the Bay Area. Their philosophy is l~ilding
quality homes. Their concept for the proposed development is
town houses which will be joined together with a common wall.
Their feeling behind this is that the residents would get more
value from a common green and/or recreational area than in
individual yards. Mr. Reese stated he was convinced the de-
signs and concepts of this type of development will conform
with the high standards set forth by the Cupertino governing
bodies.
Comm. Snyder asked when his corporation planned to start
development. !1r. Reese stated they planned to start immedi-
ately; as soon as they secure utilities.
Comm. Snyder then asked Mr. Reese to elaborate on the town
house thinking. Mr. Reese stated the type of construction
would be like Peppertree. The density per acre would be as
dictated by FR~ requirements --- 8 to 12 units per acre. He
went on to say that he felt the recreational area would be
of benefit to the City in that it is an expensive proposition
for the City to be buying land for parks and, too, his company
would install recreational equipment and it would be on the
tax rolls and no burden on the City.
The attention then switched to the proposed use for the C-I-H
portion. ~1r. Reese feels that portion of land on Stevens
Creek Blvd is not desirable for residentj.al zoning. He wanted
to go on record as being opposed to hamburger stands, grocery
stores and the like in this area. When asked by Comm. Small
what he thought would be a good use for this land he found it
hard to suggest something, but finally came up with the fol-
lowing possibilities: offices, high--rise apartments, a first-
class store like Sloanes, or an interior decorator. He
doubted that it would be used for restaurents. Mr. Reese
asked that the zoning be granted now and held until ready for
development, thus giving Cupertino a higher tax rate now.
Commissioner Adamo entered.
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Comm. Fitzgerald felt there was plenty of C'ommercial property
on the rolls now and no taker's as yet. Mr. Reese's thinking
was to zone "big, and high" and it will be paying its way on
the tax rolls. He felt that unless the zoning is done well
in advance, it may be impossible at the time it is needed.
He said the còllege will turn the trick and maybe in 3 or 4
years there will be a need for office space. Comm. Fitzgerald
felt the colleges will have enough land to have any offices
needed right on the campus. At this point, Mr. Reese stated,
"We cannot find a reasonable use for R-l along Stevens Creek
Blvd."
The Assistant City Engineer offered the information that the
storm drains could present a problem but that it could probably
be worked out. Comm. Fitzgerald asked the applicant how they
planned to work this out if the Stoneson property owners do
not put in storm drains before they decide to develop.
Comm. Small moved to close the First Hearing. Comm. Snyder
seconded.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder
NA YS: None
ABSENT: Comm. Frolich
Comm. Small moved
Engineering Dept.
before the Second
5-0
to have the applicant consult with the City
regarding the drainage and other utilities
Hearing. Comm. Rampy seconded.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder
NAYS: None
ABSENT: Comm. Frolich
B.
Shell 011 Company
the applicant phoned
5-0
Put to the end of the agenda because
that he would be late.
C. FREDERICK J. AND EMMA LUIPPOJD: 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.
The City Engineering Dept. had the following thoughts to be
considered on this Use Permit: They recommend a 40' street
back to the end of the right-of-way including a .10 '... temporary
. . - section; the fire department indicated they could "live
with" a 20' road but they would prefer wider access; the flood
control recommends buildings be at least 15' back from the
creek bank, and that a dedication of the creek area from the
property line to the top of new high bank and 15' be made to
the District, and a field investigation be made to determine
what areas should be protected by rip-rap.
Mr. Stanley Mattson, 945 Fremont, Los Altos, the architect,
explained that every effort would be made to save trees;
however, one oak must be removed because of its deteriorated
condition.
The Assistant City Engineer didn't feel all of the trees could
be saved because quite a bit of fill will be needed and the
trees along the creek bank probably wouldn't survive.
Comm. Snyder was concerned how the washing away of the creek
bank would be prevented. Mr. Luippold stated it is all under
the supervision of the Flood Control.
Commissioner Frolich entered.
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Comm. Snyder felt the ingress and egress problem would have to
be resolved and suggested the applicant get together with his
neighbor and possibly buy a portion of his land in order to
accomplish this. Mr. Luippold stated his neighbor is very un-
cooperative. He was told that perhaps the argument that he
would pave the 40' and tr~t when his neighbor went to develop
he would only be required to pave 20' would help make the neigh-
bor cooperate.
Comm. Snyder moved the applicant contact the neighbor regarding
the dedication of the additional 20' by the next meeting.
Comm. Small seconded.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich
NA YS: None
6-0
Comm. Snyder moved to continue the Hearing until next Monday
night. Comm. Small seconded.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich.
NA YS: None
6-0
D. STEVENS CREEK GARDEN CENTER: Appl. 39-V-63 for a Variance
to the Sign Ordinance to allow a total sign area of 70
square feet where Ordinance allows 55 square feet; south
side of Stevens Creek Blvd., west of Calabazas ,'reek.
Hearing continued from 10/14/63.
Mr. Thomas Bendik, 7575 Kirwin Lane, Cupertino, submitted a
picture of the proposed free-standing sign which he would like
to add to his establishment. He also offered the information
that in ten days to two weeks, all the rock bins will be moved
to the rear of the property and the front portion will then be
used for additional parking. He also stated that he planned
to add more buildings in the future.
Chairman Frolich quoted the criteria for variance, Ordinance
6.002, and stated this applicant seems to meet this Ordinance
by the very nature of his business.
Comm. Small moved to close the Hearing. Comm. Adamo seconded.
AYES: Comm. Adamo, FitZgerald, Rampy, Small, Snyder, Frolich
NAYS: None
6-0
Comm. Small moved application 39-V-63 be approved. Comm. Adamo
seconded.
AYES: Comm. Adamo, Rampy, Small, Snyder, Frol1ch
NAYS: Comm. Fitzgerald.
5-1
Comm. Fitzgerald left the meeting here.
B. SHELL OIL COMPANY: Appl. 34-U--63 for a Use Permit for
approximately 1/2 acre. Property zoned C-I-H. Use Per-
mit sought for a service station, southeast corner of
Bubb Road and McClellan Road, Second Hearing.
Mr. Morris Smith, representative of Shell Oil, stated that this
service station would benefit Cupertino in that it would draw
tax dollars. When reminded that at the First Hearing the
Commission requested dedications on McClellan and Bubb,
Mr. Smith stated that San Jose has no plans for widening of
these streets.
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Chairman Frolich asked for comments from the audience.
Mr. Norb. Bellawalla, 21140 Genola Drive, San Jose, gave a
brief resume of plans for the commercial development across
the street, in San Jose.
Comm. Adamo felt it would help the traffic flow if McClellan
and Bubb were made 4 lanes. Mr. Sm~th felt it would create a
traffic hazard to have a 90' road narrow down to a 60' street
beyond the subject property.
Mr. Aram Henesian, 21669 Terrace Drive, Cupertino, expressed
concern about the traffic problems already in this area, which
would become much greater when the junior college is construct-
ed. The stadium is slated to be built in this very area.
Chairman Frolich stated that if we get a service station with
esthetic value here it might motivate San Jose into requiring
one of this quality on their property in this area.
Mr. Bel1awalla stated that, rather than looking at the actual
number of service stations in Cupertino, the Commission should
be concerned with the location of them.
Comm. Small moved the Second Hearing be closed. Comm. Rampy
seconded.
AYES: Comm. Adamo, Rampy, Small, Snyder, Frolich
NAYS: None
ABSTAIN: Comm. Fitzgerald 5-0~1
Comm. Small moved appl. 34-U-63 for a Use Permit be granted,
subject to the 12 standard conditions. Comm. Adamo seconded.
AYES: Comm. Adamo, Rampy, Small, Snyder, Frolich
NA YS: None
ABSTAIN: Comm. Fitmgerald
5-0-1
Comm. Fitzgerald returned and Comm. Snyder left at 9:55 P.M.
E. ORDINANCE NO. 002(q) was delayed to the end of the meeting.
III UNFINISHED BUSINESS:
A. Miscellaneous -- none
B. BOGDANICH BUILDING CO.: Appl. 30-TM-63 for tentative map
approval on 32 lots at McClellan Road and Madrid Road.
Continued.
The Assistant City Engineer stated the County is not interested
in Madrid or any connections to it. Hel also stated that the
tentative map shows a long cuI de sac which will be relieved
when the neighboring property is developed. The Engineering
Department is satisfied with this new map. Two septic tanks
are to be backfilled;
Chairman Frolich asked for comments from the audience.
Mr. Howard Paige, 21988 McClellan Road, Monta Vista, wanted to
know what will go on the back of this development because it
will face his front yard. He was satisfied with the tentative
map. A 6' redwood fence will probably be built.
Comm. Small moved this tentative map be recommended for approval
subject to the 12 standard conditions and the filling of the
two septic tanks. Comm. Rampy seconded.,
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Frolich
NA YS : None
ABSENT: Comm. Snyder
5-0
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II E. ORDINANCE NO. 002(q): An ordinance of the City of Cuper-
tino Amending Ordinance No. 002 as amended by establishing
requirements for off-street parking within the City.
The Planning Commission had the following recommendations:
Section 1:1 d.
Section 1:3 a.
Section 1:3 c.
Section 2:2
Section 3:2·
Section 3:3
Section 3:7
Section 4:2
Section 4:6
Add the following to the end of the sentence:
"unless existing back fence or live planting
is suitable according to specifications as set
forth by the Planning Commission, H-Contro1,
and the City Council, or unless other treatment
has been predetermined."
There shall be sufficient parking area or
spaces provided in the jointly used parking
area, or at another location or'locations with-
in 300 feet of a main entrance of the use to
be served to meet the requirements of this
Ordinance.
Add "300 feet" in the blank in this paragraph.
Definition of Garage: One (1) garage is de-
fined as an enclosed area ten by twenty (10x20)
feet.
Add at the end of the sentence: "plus 1/2
parking space per dwelling unit."
Recommend rewrite this section since there is
no public transportation in this area and
often two people living in one apartment are
working and each usually has his or her own
car. Another important factor is that an in-
creasing number of people in this area are
buying boats and storing them in or near their
garages.
Multiple Family (R-3-H and R-24-H): At least
one garage shall be provided for each dwelling
unit plus one parking space for each dwelling
unit. Parking space shall not be provided in
the required front yard. No parking space
shall block access to more than one garage and
no more. than one parking space shall block
access to a given garage.
Note: There was some feeling that the City
Council may want to eliminate any tandem park-
ing altogether in the interest of avoiding
street parking. . .
(3) replace the word "and" with "or".
Insert the words "whichever is greater"after
"dance floor arëa" and remove those same words
from the end of the sentence.
General Commercial: (C-l-H): Ratio of one (1)
parking space for every two hundred (200) squa~e
feet of gross floor area.
Comm. Small moved that Ordinance 002(q) be recommended to the
City Council as suggested and corrected by the Planning Commis-
sion. Comm. Fitzgerald seconded.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Fro1ich
NA YS: None
ABSENT: Comm. Snyder
5-0
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I,II C. HILLSIDE STREET GRADE POLICY
Mr. Henry Griffith, 1537 Daphne, San Jose, and Thor E. Johnson,
21827 Terrace Drive, Cupertino, were in the audience and were
quite concerned about the Commission's decision On this policy
since their property is practically undevelopable without it.
Chairman Frolich stated that the Commission has studied the
graph and if the City Staff is satisfied with it, he is in
favor of it.
Comm. Small moved that the Hillside Street Grade Policy be re-
commended for adoption by the City Council. Comm. Fitzgerald
seconded.
AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Frolich
NA YS: None
ABSENT: Comm. Snyder
5-0
IV . NEW BUSINESS
The Silva application on the County Planning Commis-
sion Agenda was brought up for discussion.. Comm. Fitzgerald
said his office sold Mr. Silva the property on the east side
of Bubb, between Regnart and McClellan and at that time
Mr. Silva indicated he planned to improve and dedicate streets.
He now wants to renege on this. The Planning Commission op-
poses the deletion of dedications. Letter to be se~t to County.
V ADJOURNMENT
Comm. Small moved to adjourn at 10:50 P.M. Cdmm. Rampy
seconded.
APPROVED:
Isl
Donald Fro1ich
Chairman
ATTEST:
~. ¡~!
. d(jJ"'/7."~.,A(~
Robert S. Shook, Secretary
Planning Commission
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