PC 03-26-62
10321 So. Saratoga-Sunnyvalè Road
C I T Y 0 F CUP E R T I N 0
CUPERTINO, CALIFORNÏA
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION MARCH 26 , 1962
AL 2-4505
PLACE:
TIME:
10321 So. Saratoga-Sunnyvale Road
8:00 P.M.
I SALUTE TO THE FLAG
Commissioners Absent:
Staff Present:
THE PREVIOUS MEETING~, March 12, 1962
Adamo, Fitzgerald, Frolich, Leonard,
Rampy, Snyder, Small
None
City Manager, City Attorney, City Clerk,
City Engineer
II
ROLL CALL: MINUTES OF
Commissioners Present:
Correction to the minutes of March 12: Page 8, V B - Chai~man
Small not present for this vote; motion carried 5-0.
III COMMUNICATIONS:
A. Written
1. Letter from Mr. Storm to the Chairman of the Planning
Commission stating that the Trailer Parl< Ordi;lance would be
reviewed by the Planning ConsuJ,tant; G1n'ro~l application t.o
be postponed until such review.
2. Water Conservation News for January and February.
3. Letter from Ernest J. Hine regarding freezing of all zone
changes until Master plan is compli~ted and presented.
4. Application for architectural ar,d site approval for ch'J.rch
on the north side of McClellan Road west of Byrne Avenue, from
Rev. Joseph Green, First Baptj_st Church.
Chairman Small suggested that this letter be answered, as a
matter of Commission courtesy.
5. County of Santa Clara Planning Commission agenda for
March 21, including rezoning of Inspiration Heights and Map
of' !l':onta Vista, FiI'st Addition.
6. County of Santa Clara Plan~1ing CcmmiG,:¡ion: Summary of
Actions at the March 7 meeting.
Moved by C'Jmmissioner Snyder, seconded by Commissioner Fitz-
gerald, that the communications be received and filed.
AYES:
Commissioners:
Adamo, Fitzgerald, Fr'olich, Leonard, Rampy,.
Snyder, Small
None
None
7-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
B. Verbal
None
IV
HEARINGS SCfŒDULED:
A. JOHNSON & MAPE: Application
from A-2:B-2 to R-3-H; adjoining
off Mt. View-Stevens Creek I\0ad.
52-Z-62 to rezone 29.6 acres
west ¡:¡ide of lVíonta Vis ta School,
Second Hearing Continued.
Mr. Warner Wilson, 10650 N. 3telling Road, represented the appli-
cants.
There were no vert,::;l ob,jection::: f:cc,m t;-w audience, nor ~Jritten ob-
jections, on this application.
Commissioner Leonard suggestGc1 that the matters reviewed on this
application at the study session be pre8ented in digest form at this
public meeting.
,
--1--
The City Clerk read the proposed resolution on this application
which was drawn up in rough draft at the March 21 study session. Em-
bodied in this resolution were the following: balance in zoning, pop-
ulation mix (cross-section in socio-economic groups), balance of occu-
pations, tax base, presentation of comprehensive plans, and appropriate-
ness in location.
Commissioner Snyder stated that the City Council is now consider-
ing the annexation of Stevens Creek #14, which has a vetèrans' home on
it: about 5 acres in area. He brought up the question as to whether
or not Cupertino can afford two such types of projects that will afford
the City little if any revenue.
A discussion followed on this point of the amount of revenue the
City will see from this application.
The City Attorney brought up the fact that with so many people,
both those living in the proposed project even though not of <l high,-
income bracket, and those people who w: .ll be visiting' inhabita~~t3 of
the project, the City can't help but receive a fair amount of ulles
tax. Both the inhabitants and their visitors will be necessap~ly
spending money in the City thereby affording Cupertino tax re·,cenue.
CommisSioner Fitzgerald asked the applicants the, mimthly l",mtal"
fee for these people. Mr. Rondoni said the rentals wHl average $85.00
per month, with 50% of the units in dining hallaccomodations, and 50%
in housekeeping; therefore, at least half of the in.:,1abitantswJIJ. be
purchasing food in the City.
Moved by Commissioner Fitzgerald, seconded by Commisslon~r Snyder,
that the second hearing be closed.
AYES:
Commissioners:
Adamo, Fitzgerald, Frolich, Leonard, Rampy,
Snyder, Small
None
None
7-0
NAYS: Commissioners:
ABSENT: Commissioners:
MO'I'ION CARRIED:
Moved by Commissioner Frolich that:
WXmREAS, the Commission is mindful of the delicate balance currently
needed in zoning matters because of the imminence oi' decisive work on
a master pl&n on the one hand and the need of owners and developers
to proceed with sound and concrete plan8 at once on the other; and
WfŒREAS, the Commission is also mindful of the social, economic and
cultural advantages of encouraging a residential population reflecting
a good cross-section of age, int.erests, accomplishments, education, and
dedication to ideals of harmonious and constructive community life; and
WHEREAS, this Commission is particularly aware of tax-base considera-
tions in the orderly development of an expanding community, and the
adverse results of being imposed upon for many tax-exempt religious and
educational uses and their manifold quasi-exempt satellites; and
WHEREAS, we especially appreciate and wish to encourage present.ation
of well worked out and thoughtful plans for sizeable projects which
contribute to the efficiency and harmony of land uses, and the present
application meets these criteria better than most; and
WHEREAS, this Commission is willing to accept responsibility for em-
barking on a limited experiment with senior citizens on the premise
that their experiénce, thinking and free time could be of sufficient
benefit to the community to balance t.heir redllced local expenditures
and other taxation disadvantages which tend to th~'ow, extra burdens on
other land uses; ("limited" in the sense that this 30 acre project
should be more than ample for this cor.:mmÜ ty for some time to come; we
are firmly opposed to this application S(;!'ving as precedent for willy-
nilly flooding of our community with sentor citizens); and
WHEREAS, this application seems ideally sulted for zoning under the
R-24-H ordinance presently under Council considera tion;
NOW, THEREFORE, BE IT RESOLVED that this Commission recommends granting
of zoning application 52-Z-62, provided that the applicant is willing
to request amendment of that aDplication to a request for R-24-Hzoning
~~~.-
instead of R-3-H, and further subject to the following conditions:
Exhibit B, items 1 through 12, of the City of Cupertino; 13. That the
Council be aware of the possible tax-exempt status of this property,
and make whatever efforts they deem advisable to insure this property
remain subject to appropriate property taxation, èonsistent with legal
counsel advice.
Seconded by Commissioner Fitzgerald.
Commissioner Leonard asked Mr. Storm if he could give an estimate of
the percentage of the total City revenue that is derived from property
tax. Mr. Storm stated that this percentage is about 10% of the total
revenue.
Vote taken on Commissioner Frolich's motion:
AYES:
Commissioners:
Adamo, Fitzgerald, Frolich, Leonard, rtunpy,
Snyder, Small
None
None
7-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
B. CITY TITLE INSURANCE CO.: Application 34··z-61 to rez:>ne 7.6
acres on the east side of Calabazas Creek, 400 ft. west 0:( ¡VIiller,
746 ft. south of Stevens Creek Blvd. Second Hearing Con~irilled.
Chairman Small excused himself from this discussion and vote.
Commissioner Snyder presided as Vice-Chairman.
Mr. Rene Helou, representing City Title Insurance Company, gave
a re-cap of the presentation thus far. Mr. Helot! stated that a street
will be put in along the Calabazas Creek to allow ease in getting the
ca:cs into the garages, and also on main streets to eliminate ham¡::e ring
traffic on such main streets. Mr. Helou also stated that they will
put in the full width of Wolfe Road.
Commissioner Leonard :3uggested uslng a resolution similar to the
one used for Alpha Land Co., which was presented at the last meeting,
with the necessary changes in such resolution. He said that this app-
lication will also have to be changed from R-3-H to R-24-H.
The Commission recognized the fact that the internal stroet \;ldths
in this project are still a big problem as they are narrower than City
Ordinance allows.
Mr. Helou asked to have the R-3-H zoning approved now, and when
the R-24-H zoning ordinance is passed, this property can then be re-
zoned to R-24-H.
T'1e City Attorney explained that City law requires 60 ft. street
widths for good reasons; these being that police and fire protection
along with street maintenance require the wider street (60 ft.) for
efficient service. And these services that are offered by a municip-
ality are also expected to operate efficiently by the public, who have
originally initiated the cause for ordinances governing these require··
ments.
Mr. Helou stated that the proposed 27 ft. streets in this project
are in effect wider than the 60 ft. street, as far as usable street
footage is concerned, in that there will be no need for sidewalks and
street parking, as these are accomoclated within the project.
Discussion ensued regarding ,the advisability of amending the Sub-
division Ordinance to include street widths and necessary provi:3ions
for planned-community type of d,""velopment, sach as is presented -
garden apartment development. It WÐS decided that basically this is
a subdivision and should be set t,p ar:cc,I'ò.ing to the Subdivision Ordi-
nance.
Commissioner Leonard suggested slp:nir'.g of agreements satisfactory
to the developers and the City Officials (City Manager, City Attorney,
City· Engineer) regarding the numer'ous aspects of this application which
differ from the requirements of the gove¡'ning ordinances.
The City Attorney stated that the Council has the authority to
make exceptions to the Subdivision Ordinance, whi.ch this application
might need, as it comes under the jurisdiction of that Ordinance.
.-,
. \"'""
Chairman Snyder re-capped the discussion thus far by stating that
the Commission has two alternatives: 1) Send the application to the
Council as R-24~H with conditions; 2) Set up a study session on this
application to work out the problems more thoroughly.
Moved by Commissioner Frolich, seconded by Commissioner Fitzgerald,
that the second hearing be closed.
AYES:
Commissioners:
Adamo, Fitzgerald, Frolich, Leonard, Rampy,
Snyder
None
Small
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
Moved by Commissioner Leonard that:
WHEREAS, a resolution has been adopted on March 12,1962, recc;noending
adoption of an emergency ordinance to control multiple dwellii:g pro··
jects of the sort described by the applicant; and
WHEREAS, the foregoing resolution was written ~~th this applic~';ion
in mind; and
WHEREAS, it is the wish of both the applicant and the Commi::sLr,n that
this rezoning and the appropriate new ordinance be handled concurrently
if possible;
NOW, THEREFORE, BE IT RESOLVED THAT:
A) We recommend gr'anting of the rezoning subject to the follow-
ing conditions:
1 - 12, Schedule B, the usual list
13. $50.00 per unit for a bridge fund be assesseel.
14. Adoption of an ordinance along the lines suggested before
final passage of the rezoning;
15. Signing of agreements satisfactory to the City Attorney,
City Engineer, City ~1anager, and Cupertino Sanitary District with re,·
ßpect to road, street and way construction detail, dedication and road
pattern;
16. Filing with the City a completely identified docket of
maps, sketches, and descriptive statements sufficient to establish
clearly the intent and purpose of the applicant on t.his develo¡1ment
with respect to density, recreational facilities, quality of design and
construction, and observance of the amenities;
17. The applicant amend the application f~eom R-3-i-I to R-24-H
zoning.
Seconded by Commissioner Fitzgerald.
AYES:
Commissioners:
Adamo, Fitzgerald, Frolich, Leonard, Rampy,
Snyder
None
Small
6-0
NAYS: Commissioners:
ABSENT: Conmissioners:
MOTION CARRIED:
V UNFINISHED BUSINESS:
A. Miscellaneous
Commissioner Small resumed a seat on the Commission. Commissioner
Snyder continued as Chairman.
Commissioner Leonrd brought up for discussion the Hillside Ordi-
nance. Commissioner Small informed him that this ordim nce was being
handled by the Council, which has sent it to the Planning Consultant
through Mr. Storm.
Commissioner Fitzgerald offered to obtain a copy of the County
Hillside OrdiDance and report back to the Commission u.pon reading same.
A Commission Zoning Sub-committee was set up,. composed of Com-
missioners Small, Snyder, Fitzgerald, and Leonard.
VI NEW BUSINESS:
A. Miscellaneous
The City Clerk announced that nominations are open for the Chair-
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