PC 07-22-63
10321 Saratoga-Sunnyvale Road,
252-4505
C I T Y 0 Feu PERT IN 0
CUPERTINO, CALIFORNIA
MINUTES FOR THE REGULAR MEETING OF THE PLANNING COMM~SSION, July .22,
1963
L'
Time: 8:00 P.M.
Place: . Board Room, CUpertino School District, 10300 V~sta Drive
I SALUTE TO THE FLAG
II ROLL CllLL
Commissioners Present: Adamo, Fitzgerald, Leonard, Small,
Snyder, Frolich
CommiasionE;!rs Absent': Rampy.· .
,Staff Present: . . City, Attorney, Offi.ceEngineer. City
ClerIc
MINUTES. OF THE PRJWIOUS MEETING: .. July 8,11. 1963·
JulY. 8
Page 3, 5th par&graph. should be Ed Dorado (sp) .
Page 6, last sentence of 4th paragraph·from bottom of page.
apelling- should be .storm.
Commiasióner Small moved that the~nutes be rece~ved aacorrect-
ed. Seconded by Commissioner Fitzg~ra1d. All in favor.
III COMMUNICATIONS:
A. Written
, ,
1. Letter from Cali requesting cOntinuance
2. Letter from Due ~ Elliott requesting continuanðe
3. Summary of July 3 County Planning Commission ~eeting
Hearing set for August 7. on the petition of Joseph
. Evulich
Commissioner Fitzgerald Will· represent the·tOnunission at the
County Planning Commission Meeting on the above matter.
4.
Letter from Coole & \'l;i;J.son requesting extension of
tentative map approvaL
'"\'
To be reviewed by City Attorney
Moved by Commissioner Snyder that communications, with"the
exception of cook ~ Milson request, be received and filed. . Seconded
by Commissioner SmaJ.!. . All in favor. ' . "
,.
.~, ..' '.
B. VerbaJ.
'.)
1. The agenda :was read, and those, in attenda1W~.. opposing the
··..CalLappl1cation (about: 10) . we.re 1;òlq the hearing would be
'·re'-ad"erti.sed in the CQurier... TM~application, w~S' post-
poned because· the plans. were incomplètf¡!,~ ..
2;H-Control Ì'1eetit;lg will be 1:~0,July 23 at City Hall, and
following will be a Study Session on the Genèxa1Plan. .
3.Mr.Georg~ Yamaoka asked for continuance of Applicátion'
. B9~Z~63. . The architect ·was delayed and had thè material
. .' ¡ .' .
for presentat~on. ..
There were.no other verbal,com¡nunications.
IV HEARINGS SCHEDULED
A. Donald A. Excell: Appl. 87-Z-63 to rezone 5.29 acres from
R~l: B-2 to R-2-H; adjoining the eap,t s:'dë of Footr.E:t. Blvd.
opposite Voss Avenue (Annexat:.onin :)ro~;r?e·.': ,:': .,.
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Hearing. Tentative Map-18 lots.
Mr. Maston, representing Excell, answered two questions raised
at the last meeting.
1. Storm drains. Arrangements have been made for an easement
thro~h the Preston property. There are existing storm
sewers and sanitary sewers on Palo Vista.
2. On reversing the plan, the Murphy property would be served
best by the existing plan. If it were reversed, that
property would be landlocked.
By
be
Park Place or Walnut Circle was suggested for the street name.
using No. Park Place and So. Park Place as two streets, it would
confusing for the post office.
Mr. Maston reviewed the application. The property is across
from the Monta Vista School, and has eighteen lots. The developer is
proposing an R-2 development, and there may be some slight change in
the architecture from Footh111s.Utilities will go out the back to
Palo Vista. The Sanitary District has requested that there be two
separate easements.
Moved by Commissioner Small that the second hearing be closed.
Seconded by Commissioner Fitzgerald. All in favor.
Moved by Commissioner Small that Application 87-Z-63 to rezone
5.29 acres from R-l:B-2 to R-2-H; adjoining the east side of Foothill
Blvd opposite Voss Avenue be recommended for approval to the City
Council subject to Exhibit B, and clearance of storm drain easements,
sewer easements and street names by the Engineering Department.
Seconded by Commissioner Fitzgerald.
AYES:
NAYS:
ABSENT:
Commissioners:
Commissioners:
CommissiOners:
Adamo, Fitzgerald, Leonard, Small
Snyder, Frolich
Rampy
Motion carried 4-2
Moved by Commissioner Small that Application 87-Z-63 Tentative
Map be approved subject to conditions specified above. Seconded by
Commissioner Fitzgerald.
AYES:
NAYS:
ABSENT:
Commissioners: Adamo, Fitzgerald, Leonard, Small,
Frolich
Commissioners: Snyder
Commissioners: Rampy
Motion carried 5-1
B. Duc 8: Elliott: Appl. 88-Z-63to rezone 10.5 acres from
R-l:B-2 to R-1; bounded on the south by Stevens Creek
Blvd. and on the west by Stevens Creek. First Hearing
Continued. Tentative Map-37 lots. POSTPONED
C. Bogdanich Building Co.: Appl. 86-z-63 to rezone 8
acres from R-l: B-2 to R-24-H; adjoining the so1.'th side
of McClellan Road east arid west of Madrid Rd. First
Hearing (Annexation in progress).
Mr. Albert J. Ruffo, Attorney for the applicant, told the
Commission the property is located where McClellán makes a westerly
turn. The proposal is for 137 units with as many carports plus 74
additional off-street parking spaces. ·There will be a common green,
to be maintained by the owner of the entire property. There will be
two swimming pools, and the development will have private roadways.
There are no homes to the south of the property, none to the west,
and two or three homes on both sides of Madrid. There are some homes
in the general SW direction. .
Commissioner Leonard asked if the property met the tests for
good multiple. Is it well located, close to business, shopping,
publiC transportation, and can the roads handle heavier traffic.
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Mr. Ruffo: Multiple seèms to be an offset type: of zone, a
buff'er zone. People who live in apartments and duplexes, and.' many
prefer to do this, have as much right to l~ve there as anyone who
might own acreage. Many retired people would like to live up in the
hills, not against shopping centers. He felt this to be a valid reason
for trying to place the development in that area. There would be no
street mainteñance, and the common green would proVide recreational
facilities. Extra parking spaces would keep cars off the street.
If all of the occupants were woï-lcing, and two cars" for each unit were
trying to come and go, there would be a problem, but he f'elt this
would not be the case.
Commissioner Leonard f'elt that a draw for the development would
be the beauty of' the surroundings. Experience in Cupertino has been
that about three or four subdivisions in an area kills the country
living aspect.
Mr. Bogdanich told the Commission, 50% of' the· units would be
two bedroom, two bath;lO% would be three bedroom, two bath; and the
remàinderóf 40% would be one bedroom units. The large units would
probably rent f'or $175 per month, and the one bedroom units would
be $140. Construction costs would be $12 per foot.
Commissioner Fitzgerald pointed out that this acreage is néar the
southerly boundary of the Cali 84 acres that will probably be a plush
R-l area some day. Also, the Planner showed low density in the area.
Mr. Ruffo felt the development would be compatible with R~l in
any area. He does not thinlc it fa1r to put all· IÌlultiple up against
freewaÿs or shopping centers.
Commissioner Snyder asked the Engineer if the Sanitary District
had indicated there may be a sewer problem if an excessive amount of
multiple goes into that area. The Engineer knew of no problem.
Commissioner Snyder asked that information be received f'rom the
Sanitary District on this development.
The Chairman pointed that R-24 does not require a tentative map,
therefore replies had not been requeßted from the different agencies.
Mr. Ruffo agreed to prepare a map and submit it to the Sanitary Dis-
trict.
Commissioner Snyder asked what type of construction would be·
used. Mr. Bogdanich replied that there would be heavy shake roo~s,
two-story buildings, similar to houses on other side of the golf
course.
Chairman Frolich observed that the east side of the property
is up against the school, and he was not sure if this is in favor of
single family or multiple. He mentioned that the County .was interest-
ed in Rae Lane.
Mr. Ruffo said he would contact the County for projections
on Rae Lane.
Commissioner Leonard again referred to the traffic problems.
Even though retired people would not be traveling at pe~c hours,
they would still be on the road if they have automobiles. He then
outlined problems encountered no matter which direction .one traveled
from the property, drawing applause from the audience when he mention-
ed the difficulty of getting onto Highway 9 from McClellan. One'
developer cant t do much to help the situation, for five years it has
been a problem. Mr. Ruffo had.anticipated that Mary or Bubb would·
go through, but there seems to be no plans for either. He added that
the problem would remain regardless of what was done with the property~
Mr. .Bill Foy, 11234 Catalina ct, asked if it were a requirement.
that tenants be retired. Mr. Ruff'o replied that it was not, that the
rental fee would determine the occupants.
Mr. J. W. Ashby, 993 November Drive, agreed that retired people
would like to live in quiet surroundings, but he could not see mUch
quiet in a property baclced up to a school. He as'ked if Cupertino
schools would be able to take extra children from a develop~ent ;such
as this, adding that apartment dwellers don't normally pay scho.Jl
taxes.
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Chairman Frolich explained that the building owner pays taxes
on the building, and this is usually reflected in the rent charged.
Mr. G. 1;1,. Durnford, 11236 Palos Verdes Ct, Cupertino, stated
that when he bought in Baywood, he was led to believe that it would be
choice residential area. Putting an apartment house in the middle of
a choice area is nothing but a cancerous blight.
Mr. Namone, 21559 Terrace Drive, stated that this application
and others seem to center around schools. He added that he does not
believe this is quite the place for this type development. There
seems to be many other areas designated medium or medium high density,
this is low density.
Commissioner Leonard stated that the Planning Commission does
not write applications. Commissioner Fitzgerald explained that no
matter where you go in the City, there will be schools around the
different applications. According to the Planner, apartment houses
supply as much tax revenue as single family, usually more than in
R-1 subdivision. Cupertino School District is now among the lowest in
assessed valuation per pu~il along with Jefferson.
. Mr. Ralph Beasley, 21613 Terrace Drive, Cupertino had a question
for Mr. Ruffo. It was suggested that retired people would want to
rent the apartments because of the rural atmosphere. At rents of $140
to $175 they could not afford it. Those that could would probably not
be interested. Three-bedroom apartments would produce children and
decrease the valuation they would bring in. He does not think multi-
ples are compatible with R-l proposed on the Master Plan, indicating
three lots per acre. "I would like to speak against this application".
Commissioner Fitzgerald was asked if he felt an apartment house
in this area would be desirable. He did not.
Moved by Commissioner Leonard that the public hearing be closed.
Seconded by Commissioner Fitzgerald. All in favor.
RECESS: 9: 40
RECONVENE: 9: 50
The City Attorney reported on the Cook & Wilson request. He
suggested that it be treated as a re-submission of the tentative map
which was approved October 17, 1960, and that the Staff report at
the August 12 meeting.
Mr. Cook agreed.
Moved by Commissioner Leonard that the City Staff be authorized
to prepare a Minute Order for review and that the request be accepted
as a new application. Seconded by Commissioner Snyder. Motion
carried 6-0.
F. Stuart S. Moldaw: Appl. 26-u-63 for a Use Permit for
6.067 acres owned by Domenica Torre, et al; property zoned
PC-H; Use Permit sought for R-24-H; bounded on east by
Blaney Avenue, on west by projected Randy Lane, south of
Stevens Creek.
Mr. Abraams, Architect for the Applicant, told the Commission
that the development is located in a portion of the Town Center, and
88 units will be developed where 96 units are permited under the
ordinance. There will be a single private street. Parking ratio is
2i to 1. Buildings will be two story, with the lower story in
garages, The tops of the carports are covered with landscaped patios
with common walkWays. Maintenance of the common green will be
controlled by a Home OWners Association, and will be under FHA control.
Design will be in semi-colonial style. Setbacks off Blaney Avenue
range from 33' average with some as low as 22'. Units will cost
$18,000 with thirty-five year financing, possibly $IOOO down payment.
It was asked what assurance th~; City has that maintenance will
be taken care of if the Association does not function as it should.
Commissioner Small explained that a deed restriction becomes a lien
against the property with right of foreclosure by the P.ssociat50n.
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Chairman Frolichrequested a copy cfthedeed restrictions. ' He
asked abQut ingress and egress, and learned it would be from Blaney
Avenue. There will be connections to the wèst with Randy Lane., If
that should not go in, Rodrigues Ave. will be in the first part otnext
year, stated Mr. Rodrigues.
There was some concern about the' low cost. Mr. Abraams
referred to a low cost project, Rancho Rinconada, that had low down
payments, very low charges and no maintenance control. ' Thfsdevelop-
ment has control through deed restriction. Units of 1520 sq. ft. are
not sub-standard, he continued. Cupertino is losing a: lot of·péople
who are going to Milpitas for lower cost housing.
COmmissioner Snyder complimented the applicant on his presenta-
tion, but thought standards could be higher. He felt the City could
get a better home owner thàn thê $18,000. figure would bring.
COmmissioner Small stated that he does not thinlc the Commission
should say that everyone coming into the City should have to pay
$24,000 for a new home. It is hard to find R-l housing unde~ that
amount.
Commissioner Leonard questioned 1520 sq. ft. of home for '
$18,000, pointing out that the Eichler development on Pomeroy has
about the same footage for $22,000 to $25,000. He asked what other
development had been done by the same principals and learned that
Saratoga Gardens, cooperatives at Rainbow and Highway 9, had ,the same
principals.
Mr. Barnett Kernoff, 1930 Edgewood, San Jose, stated that his
company, Capital Pacific, has put together Brookside Glen in Saratoga,
also the Steinberg Application was a result of their efforts. He
corrected the figure of 1520, stating that there was 1320 s.q. ft. of
living area, 200 ft. of storage and laundry area. Construction cost
will be around $8.75 per ft.
Commissioner Snyder requested that two copies of the deed
restrictions be delivered to the City Clerk, also that the City
Engineering Department report on street patterns and drainage compared
to original application. Commissioner Fitzgerald was concerned that
there would be two hearings on every use permit, however, it was felt
that since this is the first that has come in under PC-H, all possible
problems should be considered.
Commissioner Small moved that the hearing be continued.
Seconded by Commissioner Adamo. All in favor.
The applicant agreed to contact the Fire Department, and all
other agencies.
G. Richard H. Stone: Appl. 34-v-63 for a Variance to allow a
front yard of 16' where ord1nancerequires 20'; 19717 LaMar Drive.
Mr. Stone told the Commission he wishes to increase the size of
his house, changing theL-shape to U-shape. Two bedrooms and a
bath will be in the·old garage area, and a new garage will be built,
being pushed out 4' because of a front window. The master bedroom
window will look out into a 4' breezeway.
Chairman Frolich wondered about the eff'ect on the entire streetê.
if there were a raft of requests such as this.
Commissioner Fitzgerald moved that the applicant obtain letters
of agreement from his neighbors. Seconded by COnun.1ss~oner~ªl1JB.ll..~. All
in favor.
H. Richard Gonzales: 35-V-63 for Variance to allow a rear
yard of II' where ordinance requires 20'; Lot 3, Tract 1946, Pringle-
wood.
Mr. Gonzales wants to put an L-shaped home on an irregularly
shaped lot in order to save an existing oak tree. Mr. Robert Costella
who owns the spec home behind the property, has no objections. He is
eager to have a building on the vacant lot.
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Moved by Commissioner Small, and seconded by Commissioner Adamo
that AppXication 35-V-63 for Variance to allow a rear yard of 11'
where ordinance requires 20'; Lot 3, Tract 1946, Pringlewood, be
approved.
AYES:
Commissioners: Adamo, Fitzgerald, Leonard, Small,
Snyder, Fro11ch
COmmissioners: None
Commissioners: Eampy
NAYS:
ABSENT:
Motion carried 6-0
V UNFINISHED BUSINESS
A. Miscellaneous
Commissioner Adamo asked about the Pepper Tree construction
yard. The Clerk reported that a letter was sent to the developer
requesting removal.
VI NEW BUSINESS
A. Misoe11aneous
None
VII ADJOURNMENT
Moved by Commissioner Small that the meeting be adjourned to
July 23, following H-Co~trol, at City Hall. Seconded by Commissioner
Fitzgerald. All in favor.
Meeting adjourned 11:00.
APPROVED:
/S/ Donald Frolich
Chairman .
ATTEST:
¡æ:4i.Ac J /Þ .v ~~~
to ert S. Shook. Secretary,
Planning Commission
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