PC 05-17-57
P, o. t30x 597
P LAN N I N G COM MIS S I 0 1'1
CI'l'Y OF CUPLRTINO, CALIFOR¡.IA
!ŒIUTES OF THE R1.êGULAR MEETING OF THE FLANH1¡G COl1ilISSION
MAY 17, 1957
Al 2-4505
Place: Collins School, Teachers Lo¡¡nge
Time: 7:30 P.M.
I ROLL CALL
Commissioners Present: Bell, Ca11ì Leonard, Neilsen
Comm1ssioners Absent: None
,.
II THE MINUTES OF THS MEETING OF APR~ 19, 1957 were read and
approved.
,-
III CON!1UNICATIONS
A. Written
1. S, C, County Planning Department
Summary of actions: 5-8-57
Agenda: 5-15-57
Subdivisions recorCed: Month of April
2. S, C, Co¡¡nty P¡¡ilding Lepartment
Building permits: Month of April
), League of California Cities
Bulletin: 5-1)-57
Peninsula meeting announcement: 5-16-57
B, Verbal - None
IV FIRST HEARING
General Petroleum Company requesting rezoning and use permlt to
allow a service station on SE corner of Blaney & Stevens Creek
Road,
Mr, Rukan, real estate represent,ative for General i etroleum,
stated that he had an option on a parcel with 150' frontage on
Stevens Creek Road and 112' on Blaney, He said that his studies
indicate that less than five percent of the traffic em1nates from
or terminates in the City of Cupertino, He also said the Company
was willln£ to abide by reasonable~et backs, Chairman Leonard
said that the County is planning on 160' for Stevens Creek Road,
The Cities of Santa Clara and ..>an Jose have s·ettled on a 140'
Width for their portions of Stevens CreeK Road, Cupertino has
been thinking of 120'. Charrons Furniture Store was cited as an
example of a building set back 72 feet from the present edge of
the roadway.
Mr, Rukan said that MObil Oil has made arrangements with othe'
cities not to place permanent improvements in the path of poss-
ible widening. He agreed to dedicate the same amo¡¡nt of property
as abutting and nearby owners, Mr, Rukan said it was his opinion
that the Chevron Station on the south side of Stevens Creek Road
was not built to receive the Stevens Creek Road traffic headed
east.
Commissioner Bell sald that there was no proposal to make the
B¡¡rger Pit, El Dorado and Lawrences set back any f¡¡rther; there-
fore, he couldn't see how the City could make General Petroleum
set back further than those places, He said he was inclined to
raise no objection if General Petrole¡¡m is willing to make
written commitments on future set backs. Mr, Rukan said that he
was not ln a Posltion to dedicate now since the property was ~n
escrow. Commissioner bell moved thst the hearing be closed for
the evening and that the Commission establish building lines by
the next hearing,
Mr, Magg10, owner of the property, had h1s lawyer, Mr. Long~
lnottl, request commerclal zoning for the adjoining parce:L.whlch
1s a '70' strip with commerc1al on both sides. Nr, Longinotti
stated that his client is not interested in selling any more
property to General Petroleum, Mr, Leonard said that the Clty of
Cupertino has felt that those benefiting by a rezoning should be
required to deed landfor future street wlden1ng. Mr. Longinottl
replled that Mr. Maggio is not incl1ned to dedicate. Commissioner
Bell said it was not the praotice of the Commiss1on to discuss
rezoning unless and until a specific use ls proposed.
-2..
v ,UNFINISHED BUSINESS
A, Progress report on followlng items:
1. D. Snow.. Single family dwelling adjoining proposed Kyne
& Cummings subdivision, Mr. Snow presented the signed
copies of letters prepare~ by Burrel Leonard of the
Plannlng Commission.
2. Planning contract with the County may be conclua.ed in the
near future.
J. Base map - Copies have been prepared and will be distri-
buted.
B, Letters on various pending mattere,
1, VF'W - Fireworks stal1d for scout troop already handled.
2. Youth Center - Directional signs to their buildinß.
The feeling of the Commission ls that the signs shoul.
not use the street sign posts, which are obscure enough,
It mi[ht set a precedent which would entltle any organi-
zation to use the street signs for sirns of their own.
Commissioner Cali moved that the Youth Center be asked
to rovide t own 0 ts or the r recti nal i R;
seconded by Commissioner Bell, carrled _ O.
J. Gluffrida.. Non-conforming signs and uses at boat shop.
Commissioner Bell said that the owner (Giuffrida) should
be pressød for a conclusion out of respect for Charron,
next door. The Commission agreed to refer the Planning
Coìn1'nissio~lBMa,y 17 letteit' 'to the Attorney for examination,
and dispatch.
4, Charron - Paving details in front of new building Randy
and Stevens Creek Road, Charr.on "JOuld like to pave for
customer access and wants to know the grades as soon as
possible. Charron would like to leave a strip just east
of the building unpaved, This will save the necessity of
tearing up the pavement when the sewer line is extended
to his property.
The Planning Commission requested a letter to the
County asking for regulations on the settin[ of curbs for
such places as El Dorado, Burger Pit, Lawrence's Inn and
other stores to the west of Stevens Creek Road.
C, Decision on Geyer application for garden apartments. West
side of I1iller near Stevens Creek hoad, Commissioner Bell
moved,that the applic3tion be rejected on the grounds that
lt is not ract cal 0 build since Cu ertino ca ot s wer at
the ~resent time; seconded by Commissioner Cali, carrled -0.
D. Decision on Thomas' tentative map for a proposed Kyne & '
Cummlngs subdivision in the dell between Davis and Aronsen.
Chairman Leonard said that the map had been filed with the
State by Jack Fleming. The policy of the County and other
jurisdictions provides that a map be automatically approved
if no action is taken within thirty days of filing,
The Cupertino Sanitary District feels it would be helpful
if the matter is approved. Mr. Cummings himself said he
preferred actual approval rather than approval on the basis
of time lapse, Commissioner Bell moved that the Kvne &
Cummim s tentat v s div soma be a roved; seconded by
Commissioner Neilsen, carrled .. O.
E. Further discussion .. Rezoning of Aronsen property near
Homestead and the dell,
One of the freeway alternatives goes through the Aronsen
property.
Any future building must conform to H control, Chairman
Leonard said, nor are owners or occupiers at liberty to make
additions without such architectural control. Uses not con-
forming to M-l zoning will require use permlts. The matter
was set for second hearlng on June 7.
F. Discussion of possible polioy should an applicant back out
during or following a rezoning - City Attorney Anderson was
of the opin1on that it would be necessary to draw a new
ordlnance restor1ng the property to lts former zon1ng 1f the
Commission wished to reverse rezoning in the event of failure
to ablde by commitments upon which the original rezoning was
based. The incluslon of the conditions in a rezon]n£ oJ"Ò:,'
ance wOl:ld not suffloe to revoke lf the C:"1: j,t j, ~ '." w,;",' L.;
met. The ord1nance 1tself would not ind1JÐ,:,E) \/"'·.r the
oonditions had or had not met oomplianoe,
..3..
VI NEW BUSINESS
A. Steve Balas - Request for rezoning of a single famlly resl-
dence at corner of Klrwln and S. Highway 9 to allow a commer-
cial business (real estate office).
Chalrman Leonard said that there had been no recognition
by the County of the subdividers wish for commercial use on
the parcel in question, The City of Cupertino has never
rezoned it from R-J-H, ,It isloceted about 150' south of
Ravizza's ElectrloShop. Mr. Balas sald that the parcel has
115' of frontage on Highway 9 ~ is the last lot in Cuper-
tino on the Highway. On the neJÇ't; lot is a warehouse located
ln the City of San Jose, Mr. Ba,las said he was appealing
for release from the present regtrictlve zoning, Commissione¡
Cali moved that tbe matyer be 4et for hearin~ June 7; seconder
by Coœnlssioner Bell, carrled - o.
B, Texaco st8tion operator - Complaint concernlng a Stone &
Schulte subdivision sign on North Highway 9 near Homestead.
Mr. Leonard reported that the County Counsel feels that he ha
found a oode section which means that any sign which can be
seen from a State hlghway is controlled by the Elllboard Act,
Mr, Leonard said he felt, however, that Cupertino does have
jurisdiction over such a sign as Stone & SChulte's, This
particular Si~l has been installed in the proposed right of
way.
Commissioner Bell objected that the City must have a slgn
ordlnance before lt can take any action on this particular
sign,
Mr. Seaforth, Planning COnBQltsAt for Stone & Schulte,
sald that his company is now contèmplating a great develop-
ment on Bollinger Road which involves hundreds of mlllions
of dollars and thousands of people. He polnted out however
that the cohstr\lction'Qo¡npány should not thrlveto the
detriment of other people.
Ronald Maas, Attorney for Stone & Schulte, felt that the
approach of the Plannlng CommiSsion was good. He sald that
signs are not bad in themselves but that abuses of good
advertising practice can be bad. By the end of the discussiol
it was agreed that the City should start preparation of a '
sign ordinance.
Mr. Forge, as a citizen at large, protested the position
of Stone & Schulte's slgn as a traffic hazard,
VII ADJOURNMENT 10:00 P.M.
~~pectfullY submitted,
t" t~"..}' ~ .< «(J t....4.
LAWRENCE K. MARTIN
City Clerk