PC 06-25-62
10321 SQ. SARATOGA..SUNNYVALE ROAD
AL 2-4505
c I; T Y 0 F ' CUP E RT IN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION - JUNE 25, 1962
PLACE:
TIME:
10321 So. Saratoga-Sunnyvale Road
8:00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL: MINUTES OF THE PREVIOUS MEETING: June 11, 1962
Oomm~ssioners Present: Fitzgerald, Frolich, Leonard, Rampy, Small,
Snyder
Commissioners Absent: Adamo
Staff Present:, City Manager, City Attorney, City Clerk,
City Engineer
Minutes of JUne 11, 1962:
'Page 4, item V A, 'paragraph 2, change Dean Sears to Dean Sayres.
Page 4, item V A, paragraph ,3, change Bendix Development to Eendik
development.
Moved by Fitzgerald that the minutes of June 11, 1962, be approved
as corrected; seconded by Small; and unanimously carried.
III COMMUNICATIONS~
A. Written:
1. County of Santa Clara Planning Commission: Minutes of June 6
meeting, and agenda of June 20, 1962; subdivisions recorded in
County for May.
2. Santa Clara County Flood Control District: Resolution designa-
ting County Public Works as administrative agency for Ordinance
59-2 of Flood Control District.
B. Verbal:
1. J. S. Tormey, 22711 San Juan Road, asked about a "move ·to annex
property along San Juan Road beyond the Severin house." He was informed
that Severin has submitted an application for a Use Permit for a hospital
on his property, located at the intersection of San Juan and Mt. View-
Stevens Creek Road. In order to make application to the Cupertino Plan-
ning Commission" annexation proceedings must be under way. Otherwise,
the City has no jurisdiction. Therefore, Severin has indicated he will
annex the subject property to the City. There is no indication that any-
thing more than the two acres owned by Severin will be included in the
proposed annexation.
Mrs. Louis Paviso, 22820 Elena Road, said, "What about the apart-
ments up the street?"
The answer to this question was that a Delbert Goodwin did appear
before the Planning Commission about a month ago with a plot plan for six
4-plexes further up on San Juan Road. This property is not in theC1ty
nor has the matter ever been 'on the agenda. He simply spoke during the
time allowed for verbal communications. He has not filed an application
for either rezoning, architectural control, or'annexation, nor is it
known whether or not he will do so.
Frolich stated he would like the minutes of June 11 corrected to
show "Mr. Griffin stated that under the new ordinance there will still
be under 12 units per acreJ' and that a copy of the corrected minutes be
sent to Mr. Griffin. Commissioner Frolich so moved; seconded by Small.
AYES:
Commissioners:
Fitzgerald, Frolich, Le6nard,Rampy, Srra 11,
Snyder
None
Adamo
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
Moved by Fitzgerald that the communications be received and filed;
seconded by Small; and unanimously carried.
Report from Mr. Storm on the Bendik property with copy of letter
from Mr. Bendik as to complying with conditions set forth by City.
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A discussion ensued on how to get Mr. Bendik to remove the rock bins
from in front of the property. This led to· discussion on the procedure
for granting approval on applications and how the Commission can back up
its conditions imposed on such applications.
Leonard suggested that minutes Show, to the Council, exactly what the
Commission had in mind in approving an application, and what is felt, if
deleted from the conditions, will change the approval to a denial.
Small moved that this discussion be tabled to the next joint meeting
with the City Council; seconded by Fitzgerald; and unanimously carried.
IV HEARINGS SCHEDULED:
B. Ordinance 47A: Amending Ordinance No. 47 Being The Subdivision
Ordinance of The City, By The Addition of Section 27, Establishing
Hillside Subdivisions. Continued.
The pertinent sub-committee met Monda", June 18. Fitzgerald was
Chairman of said sub-committee and read a 1'statement of policy" which is
recommended as being incorporated in the Hillside Ordinance. Ttla state-
ment will be made a part of the resolution to the Council and reads:
The City Council hereby finds that it is impractical to establish a more
precise set of standards and rules than herein set forth that would be
applicable to every proposed hillside subdivision on a completely equit-
able basis, and mus~ therefor~ vest certain discretionary power~ to deal
with particular situation~ in the City Engineer and the Planning Commission.
There were no comments on this Ordinance from the audience.
Small moved that the hearings be closed; seconded by Fitzgerald; and
unanimously carried.
Moved by Small that Ordinance 47A be recommended for adoption to
the Council as submitted by the sub-committee, with the inclusion of the
"statement of policy" to be added to Section 27.1 (definitions) prior to
Section 27.2; seconded by Fitzgerald.
AYES:
Commissioners:
Fitzgerald, Frolich, Leonard, Rampy, Small,
Snyder
None
Adamo
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
A. ORDINANCE 002(L): An Ordinance of the City of Cupertino Amend-
ing Ordinance No. 002 By,Adding the Classification "Planned Community,
Districts" (PC-H). Continued.
Frolich gave a report on the sub-committee meeting held on this
Ordinance. Therecommended changes were as follows:
1. Section 2.1 - number shall be 25 (acres)
2. Section 3.1b - remove the words "elevations of"
3. Section 4.1 - add PO-H to uses permitted
4. Section 6.1 - change density of 20 to 16 units, and add to this
sentence "based on gross acreage designated by
residential uses under requirements of Section
3.l.a(4). "
Discussion was held on the use permit forPC-H prior to hearing on
such zoning. Leonard felt that the words "use permit" in Section 3.1
should be replaced with "requirements of the application". Frolich felt
that use permit as shown in Section 5.1 be conditioned by "if maps are
not changed, then the original use permit shall apply; if changes are
made, then the applicant must obtain a use permit for such deviations."
Leonard suggested calling the first use permit (in section 3.1) a "master"
use permit. Fro11ch suggested that the last sentence in Section 3.1 be
changed to read "Such application for this or any other uSe permit shall
include the following."
Leonard stated he would like to see more thought given to this matter,
and possibly some type of income development be included in the planned
community as the center and purpose of such planned community'.
Frolich moved that this hearing be continued to the meeting of July
9; seconded by Small; and unanimously carried.
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V UNFINISHED BUSINESS:
A. Miscellaneous
1. Leonard stated he was not ready at this time to continue dis-
cussion on the idea of abolishing the H Control Committee as it now stands
and re-forming same out of Planning Commissionersj however, if any of the
Commissioners would like to have the matter brought up at this meeting,
he would be willing to do so.
It was decided to defer any discussion on this until the next meet-
ing that all the Commissioners were in attendance to, as Adamo is now a
member of the H Control Committee and should be present during such a
discussion.
2. Chairman asked the Commission, with regard to the review of
zoning ordinanceS, to set a date for the study of such ordinances. Fro-
Iich suggested that such a date be decided on at the JUly 9 mæting.
VI NEW BUSINESS:
A. Miscellaneous
None
VII ADJOURNMENT
Meeting adjourned at 10:50 P.M.
APPROVED:
/s/ Charles K. Snyder
Chairman of Planning Commission
ATTEST:
I I
( -'
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T',0...",-,.'\L~J'< ., ,- ..{j,' '--<.,
Lawrence K. Martin, City Clerk
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