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PC 03-12-62 " ~, . . "- , .... l0321So.'·Saràtoga-Sunnyvale' RolÏd' AL ,2":,4505 C I T YO F CUPERTINO " Cupertino,CalU'ornia MINUTES OF rHE REGULAR PLANNING COMMISSION MEETING OF MARCH 12, 1962' PLACE: TIME: I 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. SALUTE TO THE J.lLAG . " II ROLL CALL Commissioners Present: ,Adamo, F1 tzgerald , Frolich, Leonard:, Rampy, Small Commissioners Absent:, Snyder Staff Present: City Manager, City Attorney, City , Engineer, City Olerk MINUTES OF THE PREVIOUS MEETING, February 26, 1962, app~oved as submitted. III COMMUNIOATIONS: A. Written: 1. Report from Wilsey, Ham & Blair. 2. Letter, from Thomas S. Reidy relative to reduced subdiv- ision requirements in hill country. 3. County of Santa Clara: Planning Oommission agenda of March 7. minutes of February 21, 1962. , B. Verbal: '., Commissioner,Frolich spoke on the comments of the "news- paper in the north" regarding the length of the agenda and the time in- volved in the disposition of applications before the Commission. Some of the reasons he mentioned for the length of time involved were that the law requires two hearings on an application and the lack of ordinancer and papers necessary to vote on certain applications. IV HEARINGS SCHEDULED: A. ALPHA LAND COMPANY: Application 48-z-61 to rezone 30 acres from R-l to R-3~H. east side of Stelling Road, 1,337 ft. south of Homestead Road. Second Hearing continued. The Chairman asked if there wsre any comments regarding this apPlication from the audience. There we~e none. Commissioner Leonard asked for permission to read a proposed resolution on subject application, being,a "Resolution of Planning Commission Recommending Adoption of An Emergency Ordinance to Regulate Heavily Landscaped Project Multiples Developed Under A Comprehensive Plan And Providing Internal Recreational Areas And Green Spaces". The proposed resolution was read, as follows: .;,;. I. WHEREAS the Oommission has recently heard several presenta- tions by professionals in the fields of land planning, multiple archi- tecture, multiple dwelling engineering, and project construction for the massive and tasteful development of substantial areas within our City. and, , II. WHEREAS the Commission believes these proposals would re- suI t in: 1) A considerable upgrading ih the quality of multiple dwell- ings within the City. 2) A considerable improvement in the tax base of the City. 3) A partial contribt'.t:!.on to the recreational and green space amenities within the City; and, 4) A more efficie.~t use of land than has been common heretofore; and, III. WHEREAS the Commission has reviewed a r~port dated March I, 1962 from our Planning Ccmsl.:lta.nt ~¡jÜch notes: ,1) That our existing R'-3-H ordinance - #160 - is not ad..; equate for control of massive "planned unit" projects, but 2) That County Ordinance NS-1200 as amended in February, -1- 1961, does prbvide adequate means of contro11ing projects which would be appropriately placed in "R-24 Medium Density Multiple Dwelling Zoning Districts"; and, , ' IV. WHEREAS the Commiss1R~ held a lengthy work session March 8, 1962 and examined this R-24 zoning'material with care; and, '.'-. V. WHEREAS the Commission deems it useful and proper to send forward its viewpoint at oncé' 1;1') the Council with respect to dwelling projects of this sort becauae' Óf exceptional merit and urgency; ,', ~ ,- I" r'.- ". NOW THEREFÖRE. BE IT RESOINED, t'hã t: ' , ~ :-~'" 1. The ãttãêl1ed one-page list of minor changes be made a part of the three-page transcription bfR-24 material submitted to us by, the Consultant; arid thát thê combined material be used as a basis for draft- ing a proposed emergehèý ordihanêê; 2. The applications of Aipha Land Cömpartÿ ôfi the Wilson Proper- ty, and City Title on their Wolfe Road property be considered concurrent- ly with this suggested ordinance; 3. The proposal of Johnson and Mapes for a retirement home on the Voss property, and the proposal of the Stoneson Bros. for a project of many zonings on the Fischer property have not as yet progressed far enough to be considered under the proposed emergency ordinance. Commissioner Leonard moved that the Alpha Land Company rezoning be recommended as per Exhibit B, items 1 to 12, which list is on file at City Hall, ,and the following: RESOLUTION RECOMMENDING GRANTING OF ZONING .wITH CONDITIONS: I. WHEREAS a resolution has been adopted on this date recom- mending adoption of an emergency ordinance to control multiple dwelling projects of the sort described by the applicant; and, II. WHEREAS the foregoing resolution was written with this app- lication in mind; and, III. mission that concurrently WHEREAS it is this rezoning if possible; the wish c,;f: both the applicant and the Com- and the appropriate new ordinance be handled NOW THEREFORE BE IT RESOLVED THÞ.T: A) We recommend granting of the rezoning subject to the follow- ing conditions: 1 - 12 See Schedule B, the usual list 13 Adoption of an ordinance along the lines suggested be- fore final passage of the rezoning; 14 Signing of agreements satisfactory to the City Attorney: City Engineer. City Manager, and Cupertino Sanitary District with r0spect to sewer outfall lines under the proposed Junipero Serra Freeway lying just northward and downhill of the subject property 15 Filing with the City a cocrpletely identified docket of maps, sketches, and descriptive statements sufficient to establish clear- ly the intent and purpose of the applicant on this devçlopment with re- spect to density, recreational facilities, quality of design and con- struction, and observance of the amenities. Mr. Griffin, speaking for Alpha Yßnd Co., had no objections to allowing the City Coun~il to choose a Dame if not satisfied with the present name of the zoning in question. There were no o'0jectlons f)::1~11 the <.;,,1dience 0 Commissioner Fitzgerald moved, seconded by Commi~sioner Rampy, that the second hearing be closed on Alpha Land Co. AYES: Commissioners: Adamo, 11ltzg8¡'ald, Frolich, Leonard, Rampy, Small -2- NAYS: " Commissioners: ABSENT: Commiss1oners: MO'l'ION CARRIED:' " ' í'~ None, Snyder 6-0 " Commissioner Leonard's' previous motion ón"the rezoning was seconded by Commissioner Frolich. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fit:tgerald, Frolich, Leonard, Rampy, Small None Snyder ' 6-0 Moved by Commissioner Leonard, seconded by Commissioner Fitz- gerald that the resolution recommending the rezoning,~ubject to Ex- hibit B, be adopted.' AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Pi tzgerald" Frolich, Leonard, Rampy, Small None Snyder 6-0 B. ARNOLD Y. NOSE: Appl1cation 49-Z-62 to rez.one 10.3 acres from R-l:B-2 tdR-3-H, 411ft. west of MllJa:>,l4l9 ft. south of Stevens Creek Blvd. adjoining east side òf Calabazas Creek. Second Hearing continued. There were no comments from the audience, either verbal or written, on this application. A report from Mr. Storm regarding the proposed bridge crossing , at Wolfe Road and Calabazas Creek was read. Moved by Commissioner 'Fitzgerald, seconded by Commissioner Frolieh. that the second hearing be cloSed. AYES: Commissioners: NA YS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo. Fitzgerald, FrOl1chj Leonard, Rampy, Small None Snyder 6-0 Moved by Commissicner Fitzgerald that the rezoning be granted and the City C:)unci,l be put on notice that the bridge is needed at this site. Commissioner Leonard amended the motion with the following: That an assessment of $50.00 per living unit be contributed by the developers In a radius of one-quarter mile of bridge site; sec- onded by Commissioner Frolich. ' AYES: Commissioners: NAYS,: 'Commissioners: ABSENT: . Commissioners: MOTION CARRIED: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Small None' Snyder 6-0 Commissioner Fitzgerald's.motion of granting the rèzoning was; seconded by Commissioner Rampy. , , A YES: ,Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: . .¡ Adamo, Fi tzger¡ild, FI'ol1ch, : Leonard, 'Rampy, Small None Snyder 6-0 C. JOHNSON & MAPE: Appl::'cation 52..Z-62 to rezone 29.6 acres from A-2:B-2 to R··-3-H; adJ~in1,¡"g "rest side of Monta Vista ' School, off Mt. Vie,,?-Stev<;ns CreeJ~ Road. Second Hearing Con-, tinued. " , Mr. Rondoni spo!w in be~2J,~' of t!-,<e app::'ication. He:äiscussed' the subject of the pos.sihility of tax e;.eldption, mentioned at the last meeting by Commissioner Leonard, on this project. -3- Commlssion&r Leonard suggested one wor~ session on this appli- cation to iron out a few more particulars. Moved by Commissioner Leonard that March 21 at 7:30 P.M. be th~ 'date for this wOJ;'k se;ssionjseconded. by Commissioner Frolich, A~S; Commissioners: NAYS; Commiásioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Small None Snyder 6-0 Fitzgerald, Frolich, Leonard, Rampy, .. , Mr; Rondoni said his architect will be present at the meeting to answer any questions. The hearing was continued to the next meeting, March 26, upon motion of Commissioner Frolich and seconded by Commissioner Fitzgerald. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: D. RICHARD GARROD: from A-2to Trailer pect Road, north of Adamo, Fitzgerald, Frolich, Leonard, Rampy, Small None Snyder 6-0 Application 50-z-62 to rezone 38.7 acres Park Zone, R-3-H and C-I-Hj west of Pros- Mt. Eden Road. Second Hearing continued. A letter from Burton R. Brazil, Mayor of Saratoga, was read. The contents of this letter strongly urged very careful consideration of this application as the proposed land use of same would adversely affect the City of Saratoga, Mr. Brazil pointed out, in his letter, that the property in the City limits of Saratoga immediately adjacent to the property in this application warrants a different type of devel- opment than that proposed in order to uphold the value of the Saratoga property. Commissioner Leonard requested that the proposed ordinance . on this application be read now rather than wait until its turn on the agenda (see VI A) as it is pertinent to this hearing, and in view of the fact that the Commission was running ahead of schedule. The City Clerk read Ordinance 002 J: Regulating The Location, Erection And Maintenance Of Mobile Homes Or Trailer Parks, Providing Minimum Standards For The ~esign Of Mobile Home Or Trailer Parks, And Regulating The Licensing And Conduct of ¡liobile Home Or Trailer Parks, Providing Penalty For The Violation Thereof And Repealing All Conflict- ing Ordinances. This reading served as introduction only. It is to be set up for a public hearing. Vince Garrod rose in support of this application. Mr. Tierlink, 2810 Mt. Eden Road, representing several home- owners in the area, rose to state their objections to the application. Mr. Garrod stated that Mr. Tierlink and those he rep~esents do not own property immediately adjacent to this particular property. He suggested that the entire application be held up for future date, until the total General Plan of the City of Cupertino is completed rather than have spot planningj or at the discretion of the Planning Consultant with respect to the General Plan. Commissioner Fitzgerald moved that the application be tabled until called up by the Planning Commission or the applicant; seconded by Commissioner Leonard. AYES: Commissione~s: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Small ~:(;r:e Snyder 6-0 Commissioner Fitzgerald moved that the application be sent to the Planner, through Mr. Stormj seconded by Commissioner Rampy. -4. AYES: Commissioners1' NAYS: Commissioners:, ABSENT: Commissioners: MOTION CARRIED: Adamo,: F1tzgerald~ "PrO'lich, Lealiard, Rampy, Small ' None Snyder 6-0 E. WALTER S. BUTLER: Application 53-Z-62 to rezone all of lot 12 and part of lot 11, Map'of Monta Vista (northwest cor- ner of Blaney and Stevena Creek:B1vd.) from R- 3-H to C-1-H. ,. ' Use Permit also sought for gas station. Second Hearing. Mr. DiMartino, 381 Lowell, Santa Clara,'represented Mr. Bútler. There were no objectiona to this application from the audience. Mr. Storm asked if the motel and gas station are supposed to be built concurrently. The applicant answered that he thought so. Moved by Commissioner Frol1ch that the second hearing ,be closed; seconded by Commissioner Fitzgerald. AYES: Commis'sioners: ' NAYS: Commissioners: ABSENT: Commissioners: 'MOTION CARRIED: Adamo. Fitzgerald, Frolich, Leonard, Rampy, Small None Snyder 6-0 Moved by Commissioner Adamo that the Commission recommend to the City Council that this application be approved with the usual con- ditions, Exhibit B, items 1 to 12"and the Council be put on notice as to the need for signalization according to their policy; seconded by· Commiseioner Fitzgerald. AYES: Commissioners: NAYS: Commiseioners: ABSENT: Commissioners I MOTION CARRIED: .. Adamo, Fitzgerald, Frolich, Leonard, Rampy, Small None Snyder 6-0 Moved by Commissioner Adamo, seconded by Commissioner Fitz- gerald, that the use permit be granted on this application. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, Fro:Uch, Leonard, Rampy, Small None Snyder 6..0 F. PAUL MARIANI, SR. & MATHILDA SOUSA: Application 41-2-61 to rezone 1,314 ft. x 337 ft. at-the southeast corner of Lu- cille & Highway 9 from A-2:B-4, R-3-H and R-l to C-I-H. Sec- ond Hearing continued. G. PAUL MARIANI: Application 25-Z-6l to rezone 65 acres from A-2:B-4, R-3-H & R-l:B-2 to C-I-H; 13.5 acres at the northeast corner of Mariani & Highway 9; 29.5 acres at the southeast cor- ner of Mariani & Highway 9; lL5 acres at the northwest COl'ner of Highway 9, 329 ft. south Of Homestead. Second Hearing. H. ANTONIO POSO:Applicat.ion 46-2-61 to rezone 12.6 acres .' adjoining the east sideof'HighwaY9, 420 ft. aouth of Lucille from A-2:B-4 to C-I-H. Second Hearing. I. RALPH RODRIGtÅ’S: Application 47-2-61 to rezone 13.1 acres from A-2:B-4 to C-I-H; west side of Highway 9, about 150 ft. south of a projection of Lucille. Secc-nd Hearing. J. DONALD A. EXCELL: Application 45-2-61 to rezone 11.02 acres from A-2:B-4 to C-I-B:; west side of Highway 9, 450 ft. south of Homestead Road. Second Hearing. Peter Pavlina represented the ápplicants of items F and G.' He requested a vote be made tonight as the original applications were sµb- mitted about a year ago. : Mr. Tucci represented the applicants of items H and I. He ~5- t~~ls the same as Mr. Pavl1na regarding a vote. Gene Mastin represented the applicant of item J., He also agrees that a vote' ' should b~ taken this night. No objections on these app]bations were heard from the audience. Moved by Commissioner Frolich that the hearing be closed on the Mariani and Sousa application (item F); seconded by Commissioner Fitzgerald. AYES: Commissloners: NAYS: COmmissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo# Fitzgerald, Frolich, Leonard, Rampy, Small None Snyder 6-0 Commissioner Prolich read a motion for denial without predjU- dice on this application (r). Commissioner Adamo excused !D.mself from the meeting for the vote on,this application and, that of Paul Mariani (G). Commissioner Prolich moved that: Whereas, a comprehensive land-use survey of the Cupertino Plan- ning Area is about to be undertaken which will provide a unified Master Zoning Plan for future development; and Whereas, th~s zoning application is part of a group of similar requests in the same general area; and Whereas, granting of this application either alone or in con- junction with other associated requests might irrevocably commit the City to a developmental pattern in advance of the Professional Planner's land use study and recommendations; and Whereas, it will be to the long-term best interests of the City and of this developer to zone, this parcel in accordance with an over~ all integrated City zoning pattern; :Now, therefore, be it resolved that the Planning Commission recommends denial of application 41-2-61 without predjudice. Seconded by Commissioner Leonard. AYES: Commissioners: NAYS: Commissioners: ABSTAIN: Commissioners; ABSENT: Commissioners: MOTION CARRIED: Fitzgerald, Frolich, Leonard, Rampy, Small None Adamo Snyder 5-0 Moved by Commissioner Fitzgerald, seconded by Commissioner RampJ that the hearing be closed on the Paul Mariani application (G). AYES: Commissioners: NAYS: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Fitzgerald, Frolich, Leonard, Rampy, Small None Adamo Snyder 5-0 Moved by Commissioner Frolich, seconded by Commissioner Leonard, that the Paul Mariani (G) application be denied for the same reasons stated in the denial of the Mariani & Sousa !F) application. AYES: Commissiore!'s: NAYS: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Frolich, Leonard, Rampy, Small Fitzgerald Adamo Snyder 4-1 Commissioner Adamo returned. Commissioner Rampy excused him- self from the voting on the next ap¿lication (H). Moved by Comm,issioner Fitzger"J.d, seconded by Commissioner Frolich that the hearing be closed on the Poso application. AYES: Commissioners: NAYS: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, ~itzgerald, Frolich, Leonard, Small None Rampy Snyder 5-0 -6- Commiss1.oner Pitzge1'8.1d moved that the Antôn10 Poso application b~ fPprove~. ' Motion dies for lack or a second. n ~. " Moved by Commissioner Froli<ih, seconded"i>y Comm1ssioner"!Leonard, that the application of Antonio Poso (H) be denied for .thesaine reasôns stated in the denial of the Mariani & ,Sousa (F) application. ' AYES: Commissioners:, NAYS: ,Commissioners: ABSTJ!¡IN: ' Commissioners: , AJ3SiN'I': Commissioners: MOTION CARRIED: Adamo¡ Frolich,' . Fitzgerald ' Rampy Snyder 4..1 " Leonard, Small ,:. ..,'" " , -.. ~. J' ~ Mov~d by Commissioner Fitzgerald, seconded by Commissioner Adamo, that the hearing be closed on the application' of' Ralph Rod- rigues (I). ,AYES: Commissioners: " NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Small None Snyder 6-0 Fitzgerald, Frolich, Leonard, Rampy, , ' .;: Moved by Commissioner Fitzgerald that the Rodrigues applica- tion bè approved.' Motion dies for lack of a second. Moved by Commissioner LeOTla'rd," seconded by Commissioner, Fro'" lich, that the Ralph Rodrigues application (I) be denied for the same reasons stated in the denial of the Marian! & ,Sousa (F) application. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners! MOTION CARRIED: , , Adamo, Frolich, Leonard, Rampy, ,Small' Fitzgerald Snyder 5-1 Moved by Commissioner Fitzgerald, seconded by Commissioner Adamo, that the hearing be closed on the application of Donald A. Excell (J)., AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: "Adamo, Fitzgerald', Frolich, Leonard. Rampy. Small None" Snyder 6-0 Moved by Commissioner Fitzgerald that the application of Excell be approved. Motion dies, for lack of a secónd. Moved by Commissioner Leonard. seconded by Commissioner Fro- lich. that the application of Donald A. Excell (J)be denied fo~ the same reasons stated in, the denial of the Mariani&: Sousa (F) application. AYES: Commissioners: NAYS: CommisSioners: , ABSENT:' , . Commissioners: MÒTION CARRIED: K. GEORGE YAMAOKA: allow a sign 35 ft. 19675 Stevens Creek Adamo. Frolich. Leonard, Fitzgerald ;Snyder '" 5-1 " ,,< Rampy. Small .~ .;. '. .~-.' ,'-:~ , . ',' . ,':. " , Application, 22-V,.62 for a variance 'tó, ' high where ordinance requires 20 ft.; Blvd. -- Portal Plaza. . ~ > George Yamaoka, the applicant,was present"and stated that the sign would have landscaping aà de'picted in the picture presented for review. There were no objections to ,this applicatioh from the audience. Moved by Commissioner Adamo that the Commission recommend approval of this application subject to landscaping at the discretion , -7- of th.e Citr Official!!; seconded by Comm1ßa1oner Ra1'llpY'. AYES: Commissioners: NAYS: Commissions": AÐ8EN'l': Commias:1oners: fliDT:[ON CAßlU.ED: Adamo, Fitzgerald, Frol1¢h, Leonard; Rampy, Small None Snyder 6-0 DiscU'Ssion W$S held as tathe adVisabilitY of changing the Sign Ordinance to include larger signs as the City has approved four signs already that are in variance to the present Sign Ordinancl;!. Chairmal) , Small suggested that the J3u.11dingOff1ctal attend the study sess1,onon March 21 to further discuss the idea 01' inclusion of larger signs in the present Ordinance by way of II separate clause to COVer these çeé1al ciroumstances that warrant larser s1¡nø than are ordinarily permitted. MeWed by Collllll1ss1oner Adamo. seeondeðby Collllll1ssioner Fitzgerald, that the preVious motion recommending approval of Yamaoka1ß application be resoinded. AYES: Comm1ss1oners: NAYS: Colllllliss1oners: ABSENT: Coll1!ll1Saloners: MOTION CARlttJD: Adamo. Fitzgerald, Frollch, Leonard, Rampy, Small ' , None Snyder 6-0 Moved by CQmIn1seloner Adamo" seoonded by Comn11sSbner 1\'itzgerald, that v~e bø granted on the Yamaoka application subJ~(\t to land- scaping at the discretion of the City Off1ò1ala. AYES: Commissioner$: NAYS: Comm18f1ioners: ABSENT: Commiuioners: MOTION CANttED: Adamo, Fit:z:ge1"a:ld, Prol1cb. Leonard, Rampy, Small None Snyder 6-0 V UNFINISHED BUSINESS I A. C-2 Ordinance MOl edby Commissioner Leonard that the C..2 Ordinance be tabled so that it can be broughtuþ by the Planning Commission at a later date; seconded by Commissioner Rampy. A YES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Miscellaneous Adamo, F1tzgerald, Frolich, Leonard. Rampy, Small None Snyder 6-0 Moved by Commissioner Frol1ch that the City Title Company R-3-H zoning application be placed on the agenda for March 26 and that said public hearing be re-advertised because 01' the time elapsed since the last hearing and because the application is expected to be amended to request R-24-H instead of R-3-H; also trßt the applicant be informed of the contemplated enactment of a new R-24-H ordinance, and that he be asked to immediately advise the C1ty as to whether he wishes to amend his request accordingly;" seconded by Commissioner Fitzgerald. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, Frollch"Leonarç1, Rampy, Small None Snyder 6-0 VI NEW BUSINESS: A.' RESOLUTION 565: Council Intention To Initiate Amendment To Ordinance 002 By Adding A Zoning Classification To Be Known As Mobile Home or Trailer Park (M-TP). Moved by Commissioner Leonar'd, seconded by Commissioner Rampy, that this resolution be set up for a public hearing. Unanimously carried. -8-