Loading...
PC 06-11-62 AL 2-4505 10321 SO. SARATOGA-SUNNYVALE ROAD C, I T Y 0 F CUP E R TIN 0 C-U~RTINO, ëÃLIFORNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION, JUNE ll, 1962 PLACE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO TIlE FLAG II ROLL CALL: Commissioners Present: Fitzgerald, Frolich, Leonard, Rampy, Small, ' Snyder Adamo City Manager, City Attorney, City Engineer, City Clerk, Consulting Engineer (Mr. Fleming) MINUTES OF THE PREVIOUS MEETING: May 28, 1962 Item VI A, line 4, Ralph Mona should be changed to Ralph Ramona; Item IV B, page 3, paragraph 11, delete "requirements" and substi- tute "possible elements". Commissioners Absent: Staff Present: Moved by Frolich that the minutes of May 28 be approved as correct- ed; seconded by Fitzgerald. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Fitzgerald, Frolich, Leonard, Rampy, Small, Snyder None Adamo 6-0 III COMMUNICATIONS A. Written 1. County of Santa Clara, Dep't. of Public Works: Tract num- ber request - Les Tom Enterprises, north of Calle de Barcelona, west of Miller; Tract No. 3277. 2. County of 3anta Clara Planning Commission: Notice of app- lication by Elsie Dial Toro, 10816 No. Highway 9 for a use permit for a beauty salon on the east side of High\lay 9 between Lucille and Homestead. Leonard said that the site in question will probably be taken by the State for a freeway interchange. He suggested a letter to the County Planning Commission indicating that the Cupertino Planning Commis- sion has been opposed to the conversion of residential property to com- mercial and since this property has no obvious conversion value, the Planning Commission does hereby oppose the application. Leonard so moved, seconded by Small. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Fitzgerald, Frolich, Leonard, Rampy, Small, Snyder None Adamo 6-0 3. Memo from City Clerk to Planning Commission relative to the joint meeting Tuesday, June 19, 8:00 P.M., of the Council and Com- mission. 4. City Clerk reported on the location of the Valley Title Co. application listed on the June 6 County Agenda without any location. The application is on the south side of Stevens Creek Blvd., one-half mile west of Saratoga Avenue. Moved by Leonard that the correspondence be received and filed; seconded by Rampy. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Verbal Hone Fitzgerald, Frolich, Leonard, Rampy, Small, Snyder None Adamo 6-0 -1- IV HEARINGS SCHEDULED: A. ALPHA LAND COMPANY: from A-2:B-4 to R-24-H; side of future freeway, First Hearing. Application 55-2-62 to rezone 30 acres east side of Stelling Road, ajoining south also adjoining Garden Gate subdivision. John Griffin represented the applicant, and listed the reasons for the rezone request essentially as follows: the property is directly south and contiguous to the proposed Junipero Serra Freeway; all prop- erty north of the freeway is now zoned and is being developed as either commercial or multi-family residential; the property to the east fronts on Highway 9 and will no doubt be developed into a similar use; the prop- erty directly south is a county subdivision, built some years ago and is not comparable to the R-l projects now under way in the City; there are numerous commercial projects under way Et the intersection of Stelling and Stevens Creek Road as well as a junior college site on the southwest corner of that intersection. Mr. Griffin stated that his application was approved by the Planning Commission as R-2L~-H and denied by the City Council as R-3-H. He added that he would like to handle the new applicaion in one hearing, if poss- ible. Mr. Anderson, upon question from the Chairman, stated that it would be in order to close the hearing and adopt a Resolution. The ordinance requiremßnt is met by tonight's hearing. Leonard asked why the Council sent the application back to the Com- mission. The Chairman referred the question to the City Manager. Mr. Storm answered that the Council did not send the application back, but voted to deny. The applicant then exercised his alternative to re-apply under a new ordinance. Ordinance 002(k) was not in effect at the time the original application came before treCouncil. Mr. Griffin observed that there was no R-24-H the time of their hearing before the C,i ty Cour¡cil. ordinance has been adopted, they have re-filed. zoning ordinance at Now that such an The City Attorney asked the applicant if he wisbed to make some representation to the effect thut all the maps and data submitted and displayed with the former applicaticm should also be incorporated with this application. In other words, should all the exhibits of the for- mer application be ¡,Jade part of the present application. Mr. Griffin answered in the negative. The City Attorney then advised the Commission that the past exhib- its have no bearing on the present application. Mr. Griffin agreed that this is correct, that this is a new appli- cation with a new fee under a new ordinance prescribing a new procedure. The Chairman asked the applicant if he is implying that the company is not going to build the same project which they formerly presented. Mr. Griffin said that he is not implying any such thing. He said they are requesting permission to develop in phases for economic reasons. Discussion was held on the conditions of R-24-H zoning requiring complete set of plans and dockets. Mr. Warner Wilson, 10650 N. Stelling Road, spoke from the audience. He felt, as owner of neighboring property to this application, that R- 24-H would be the salvation of Cupertino. He said that Alpha Land Co. will necessarily build attractively to ir.sure their own success. (This was in answer to questions raised by the Commission of the contro~or lack of it, that the Commission has on the actual building that will be constructed by Alpha should the application be approved.) Fitzgerald stated the Commission should be concerned only with zon- ing and the H Control Committee should be the body to pass on the archi- tecture of the buildings. Mr. Griffin, agreed that this application is one of zoning not arch- -2- itecture. He would like the zoning first, and will take care of the arch- itecture later. He also stated that plans ror each phase or the develop- ment would be brought before the Planning Commission prior to starting, so that each phase will tie into the one preceeding. Discussion was held on the question of whether the City has complete control over the type of buildin~s on such property. The City Attorney advised that R-24-H grants multiple zoning subject to controls of devel- opment, and the applicant is complying with the R-24-H Ordinance require- ments. The Chairman asked ir there were any comments rrom the audience. Mr. John Meyers, Garden Gate Village, stated from the audience that he would like to see the building kept 20 ft. from the building line. City Attorney stated that this question would have to be answered throught Mr. Storm. Moved by Frolich thac the first hearing be closed; seconded by Fitzgerald. AYES: Commissioners: Fitzgerald, Frolich, Leonard, Rampy, Small, Snyder None Adamo 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Moved by Frolich that the Bpplication be recommended for approval subject to the 12 standard conditions; seconded by Fitzgerald. Frolich amended his motion to include that the second hearing be waived; seconded by Fitzgerald. AYES: Commissioners: Fitzgerald, Frolich, Leonard, Rampy, Small, Snyder None Adamo 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. ORDINANCE 002(L): An Ordinance of the City of Cupertino Amend- ing Ordinance No. 002 By Adding The Classification "Planned Commun- ity Districts" (PC-H). Continued. The Chairman raised the following questions on this Ordinance: 1. How may acres to be set as minimum 2. Should a paragraph expressing intent be included in the Ordinance. 3. Should PO-H be included as one of the uses permitted. The City Attorney stated that the Commission must decide the number of acres required. An applicant for PC-H is not applying for zoning; whereas, an applicant for PO-H should have all his plans, etc, ready at time of application. Any expression of intent should be included in the resolution from the Commission to the City Council, along with any other changes the Commission wishes to make. Leonard felt that the ordinnce was not very good as there are too many restrictions placed on the applicants. They will r~ve to go to so much expense with plans and engineering fees before even coming before the Commission for re-zoning. Small agreed with the City Attorney's suggestion that a sub-committee be formed to handle this in order to save time. The City Attorney stated that the use permit as stated in the ordi- nance does not state the applicant must know who his lessees will be prior to development. Moved by Small that a sub-committee be ;;w.ointed to work out the de- tails on this Ordinance, with Small, Frolich, Fitzgerald and Leonard serving on same; seconded by Fitzgerald; and unanimously carried. Moved by Frolich that this hearing be continued to the meeting of June 25; seconded by Small. Frolich amended his motion to include that the sub~committee meet -3- and prepare a report prior to the next regular meetin; seconded by Small. AYES: Commissioners: Fitzgerald, Frolich, Leonard, Rampy, Small, Sn:yder None Adamo 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: June 14, 1962, set as the meeting date for the Bub-committee. C. HILLSIDE ORDINANCE (City Manager's Report) The City Clerk read the subject report. The City Attorney had prepared an ordinance that will add the Hill- side Ordinance to the existing sub-division ordinance, with the City En- gineer determining which applications come under the Hillside Ordinance. The A and B appendages show cross sections of the types of hillsides. If an applicant does not come under the Hillside Ordinance then Ordinance 47, Subdivision Ordinance, shall a~y. The Chairman suggested setting up a subcommittee on this for review, checking the recommendations of the City Attorney and the City Manager. Mr. Voss, from the audience, asked the Commission how the 10% slope, required as prerequisite for coming under the Hillside Ordinance, is to be determined. He felt that two living units per acre is not practical for development of hillside property. Mr. Fleming suggested that the intent of the Ordinance is an aver- age of two living units per acre, as some parts of the property could not be development due to severe slope. After discussion the Commission decided that the intent was an aver- age of two units per acre, and that the City Engineer will determine which applications come under the Hillside or Subdivision Ordinances. It was also decided that the builder could not go under 7500 sq. ft. per lot, and the remainder of the land could be under the Hillside Ordinance if the developer desired to use both ordinances on hillside property. The Chairman asked if the Hillside Ordinance sub-committe could meet again to worlc out the problemA raised at this meeting. June 18 was set as the meeting date for this sub-committee. Moved by Frolich that the first hearing be continued to the next regular meeting of June 25, with a report from the sub-committee ready at that time; seconded by Small; and unanimously carried. V UNFINISHED BUSINESS A. Miscellaneous Moved by Frolich that a minute order to the Council be made request- ing that a public hearing be set for Ordinance 002(h) (PO-H and M-I-H, Professional Administrative Park zoning and Light Industrial Park zoning); seconded by Fitzgerald; and unanimously carried. Mr. Dean Sears, 10805 So. Stevens Creek Road, who missed the oral communications, spoke from the audience. He stated he was in protest to the proposed zoning on San Juan Road for apartments and a rest home. He pointed out that the narrow road would not be sufficient to handle the extra traffic from apartment buildings. Moved by Frolich that the City Manager prepare a report regarding the Bendix Development on Calabazas Creek; seconded by Fitzgerald; and unanimously carried. VI NEW BUSINESS A. Miscellaneous ~ . Moved by Frolich that the Council be wquested to review Ordinance 002(f) with the idea in mind of drawing up an amendment abolishing the Architectural and Site Control Committee, with the approvals to the Coun- cil then reposed with the Planning Commission; seconded by Fitzgerald. -4- Leonard suggested, the H Control Committee be made'éUp' o'f' ona.y'Plan- ning Commissioners, being a smaller body than the Commià:Hon' 'itself' j be- cause the Commission had heard all the presentations of'tne applications and the Council have not this first-hand information. Leonard moved that the matter be tabled before deciding and sending such request to the Council, with the decision to be made at a later datej seconded by Small; AYES: Commissioners: Fitzgerald, Frolich, Leonard, R~npy, Small, Snyder None Adamo 6-0 NAYS: Commissioners: ABSENT: Commissioners: !>DTION CARRIED: VII ADJOURNMENT Meeting adjourned at 11:13 P.M. APPROVED: /s/Cha~les K. Snyder Chairman, Planning Commission ATTEST: , -\',<>,,, ,l(,(.... i ~' Lawrence K. Martin, (1,({r.,CA Crty Clerk ~ -5-