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PC 02-26-62 10321 So. Saratoga-Sur.nyva1e Road A.t 2--4505 C I T Y 0 FeU PER TIN 0 Cupertino, California MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION - Februar;y 26, 1962 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I. SALUTE TO THE FLAG II ROLL CALL: Commissioners Present: Fitzgerald, Frolich, Leonard, Rampy, Small Commissioners Absent: Adamo, Snyder CORRECTION TO THE MINUTES OF FEBRUARY 13, 1962: Page 6 The minute order was intended to indicate that the Commis- sion also recommended the City Engineer's recommendation in regard to the street pattern that joined the Dymond Development and the proposed Senior Citizen's development. III COMMUNICATIONS: A. Written - Stoneson: Plat or proposed development. Mr. Herman Ruth, a City and Regional Planning Consultant repre- sented the developer, Stoneson Corporation of San Francisco. He stated that they had chosen this method of presenting their plans to the Commission for the reason that the City had no ordinances to cover this type of development. He stated that around the Bay Area, more and more cities are beginning to recognize this type of an arrangement and are amending their ordinances. Stoneson was asking that this type of development be considered for Cupertino and that the City possibly could amend their ordinances to aècomodate it. Mr. Ruth stated that this type of development has been in existance for about twenty-five years. The plans and layouts that he displayed showed how it can be adopted to an urban area. Stone- son is very much interested in the community and has a parcel or land that is an excellent piece which offers a great potential and will be a credit to the City. Cp~irman Small stated that at present the Planning Consultant for the City was preparing an amendment to the ordinance ror the Commission's consideration. Commissioner Fitzgerald asked if it was urgent that this develop- mentbe startedàt once. Mr. Ruth answered yes, but not particularly, that each court is a unit and it may be developed in that way. Commissioner Leonard suggested that the plans and brochure be referred to Mr. Krushkhov. Mr. Ruth stated that Mr. Krushkhov was aware or this plan and had been contacted during the development of it. That he had discussed it with Mr. Krushkhov. Commissioner Fitzgerald moved that the plans be officially sub- mitted to the Planning Consultant. Seconded by Commissioner Leonard. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Fitzgerald, Frolich, None Adamo, Snyder Leonard, Rampy, Small MOTION CARRIED: 5--0 - 2 ABSENT Commissioner Frolich cO~TIented that there does not seem to be anything more to do unless a new ordinance is passed, or when it is passed, that the City Clerk be instructed to notify the applicant. Mr. Ruth requested that he be notified when the study sessions are held so that he might attend. Also when the new ordinance is drafted, that he be allowed to examine it. He offered any help he may be able to contribute to expedite matters. 1 Chairman Small instructed the Secretary to notify Mr. Ruth when the study sessions are set up. B. Verbal Chairman Small asked if there were any verbal communications from the audience. There were none. Commissioner Frolich moved that all communications be received and filed. Seconded by Commissioner Fitzgerald. All in favor. IV. PUBLIC HEARINGS: ALPHA LAND COMPANY: Application 48-2-61 to rezone 30 acres from R-l to R-3-H; east side of Stelling Road, 1,337' south of Homestead Road. Second Hearing continued. Chairman Small stated that the report from the Planning Consultant, Mr. Krushkhov, would not be ready until March 2nd and therefore Alpha Land Company requested that their application be continued. A. Commissioner Fitzgerald moved that the application be con- tinued for two weeks. Seconded by Commissioner Frolich. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Fitzgerald, Frolich, None Adamo, Snyder Leonard, Ramp;<¡, Small MOTION CARRIED: 5-0 - 2 ABSENT ARNOLD Y. NOSE: Application 49-2--62 to rezone 10.3 acres from R-l:B-2 to R-3-H, 411' west of Miller; 1419' south of Stevens Creek Boulevard adjoining east side of Calabazas Creek. Second Hearing continued. Mr. Ralph Ramona represented the applicant. He stated that upon giving due consideration to the request made by Commissioner Leonard that his applicant consider a $100 assessment per unit to help pay for the bridge across Calabazas Creek, the applicant had' found it to be completely unfeasible. B. Commissioner Leonard asked what they felt would be a practical figure. Mr. Ramona answered that they would consider an amount comparable to what Oliver Rousseau has contributed to the bridge. Chairman Small asked the City Engineer if he had any informa- tion about the bridge. The City Engineer stated that he had been instructed to do nothing on the bridge at this time. Commissioner Fitzgerald stated that as far as he could see, this was an application for zoning and he did not believe that the Commis- sion should not be concerned with the bridge. Is it R-3 land or isn't it, if not, it should be turned down. Considerable discussion followed regarding the amount of R--3 zoning now in the City. Mr. Ramona stated that they would consider $10 or $15 per unit and that there were approximately 120 units. Chairman Small observed that there seemed to be two problems, the zoning and the bridge. Chairman Small then went to the audience to ask if there were any comments. Mr. Ernest Hine, 10327 Westacres, Cupertino asked if there were any other apartments in this area. Be was told that there were. He then stated that he thought it would be better to wait for the Master Plan and see how this would fit in with the rest of the City. 2 Commissioner Leonard asked if it could be referred to the City Manager, not just as a bridge, but as an equitable matter. He also felt that all of these applications should go into a study session. There was more discussion on the feasibility of asking the various developers in this area to contribute to the construction of the bridge. Also if a rezoning were granted, could it be conditioned. The City Attorney stated that the Commission could impose any condi- tions they felt necessary on a rezoning. Mr. Ramona was asked how urgent this application was. Mr. Ra- mona answered that they planned to start construction in the Spring and since that was just a short period of time away, the made the application quite urgent. Commissioner Fitzgerald moved that the second hearing be closed. Motion died for lack of second. Chairman Small asked for another Motion. Commissioner Frolich stated that he thought a restatement of the motion made at the last meeting would not do much harm. City Attorney Anderson stated that in examining the Ordinance, it would seem that every eventuality has bep~ covered except that of bridges. Commissioner Frolich moved that the City Manager be requested to investigate the bridge crossing at Wolfe Road and Calabazas Creek and determine the cost of the structure along with a proposed financing program which involves the developers in this area, Flood Control and the County of Santa Clara and the City of CupertIno. Also try to get a copy of the Ordinance from the City of Santa Clara that pertains to the formula they used in the bridge crossing over Pruneridge Road, by March 12, 1962. Seconded by Commissioner Leonard. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Frolich, Leonard, Fitzgerald Adamo, Snyder Rampy, Small MOTION CARRIED 4-1 - 2 ABSENT C. JOHNSON & MAPE: Application 52-2-62 to rezone 29.6 acres from A-2:B-2 to R-3-H; adjoining west side of Monta Vista School, off Mtn. View-Stevens Creek Road. Second Hearing. Mr. Warner Wilson, 10650 North Stelling Road, Cupertino, spoke for the applicant, Mr. Rondoni being out of town and unable to attend the meeting. Mr. Wilson went over the renderings briefly giving a rundown of what is proposed. That is, a Senior Citizens Development, with approximately 296 units. 112 Efficiency residents, 152 one bedroom residents. The density would be 18 units per acre. He also read a letter directed to the Commission from Mr. RondOni.' Mr. Wilson stated that in answer to the question "Why Cupertino?" he could think of many reasons. For instance, where there are no elders around, children tend to lose respect for older people, that Suburbia is pushing older people out. That older people are happier when they are in a group. Chairman Small asked that if a Church should sponsor this development, would they have the same tax exemption that churches are entitled to. City City Attorney could not answer. Mr. Wilson stated that than a church, would sponsor would pretty much have to be be eligible for an FHA loan. Commissioner Frolich asked if the Sanitary District and School District had been made aware of this application. The City Attorney commented that in the case of informing these particular agencies, 3 in all likelihood, this development. self-contained and a corporation, rather That a corporation self-sustaining to Commissioner Leonard asked if it could be referred to the City Manager, not just as a bridge, but as an equitable matter. He also ~elt that all o~ these applications should go into a study session. There was more discussion on the feasibility of asking the various developers in this area to contribute to the construction of the bridge. Also if a rezoning were granted, could it be conditioned. The City Attorney stated that the Commission could impose any condi- tions they felt necessary on a rezoning. Mr. Ramona was asked how urgent this application was. Mr. Ra- mona answered that they planned to start construction in the Spring and since that was just a short period of time away, the made the application quite urgent. Commissioner Fitzgerald moved that the second hearing be closed. Motion died for lack of second. Chairman Small asked for another Motion. Commissioner Frolich stated that he thought a restatement of the motion made at the last meeting would not do much harm. City Attorney Anderson stated that in examining the Ordinance, it would seem that every eventuality has bep~ covered except that of bridges. Commissioner Frolich moved that the City Manager be requested to investigate the bridge crossing at Wolfe Road and Calabazas Creek and determine the cost of the structure along with a proposed financing program which involves the developers in this area, Flood Control and the County of Santa Clara and the City of Cupertino. Also try to get a copy of the Ordinance from the City of Santa Clara that pertains to the formula they used in the bridge crossing over Pruneridge Road, by March 12, 1962. Seconded by Commissioner Leonard. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Frolich, Leonard, Fitzgerald Adamo, Snyder Rampy, Small MOTION CARRIED 4-1 - 2 ABSENT C. JOHNSON & MAPE: Application 52-2-62 to rezone 29.6 acres from A-2:B-2 to R-3-H; adjoining west side of Monta Vista School, off Mtn. View-Stevens C~eek Road. Second Hearing. Mr. Warner Wilson, 10650 North Stelling Road, Cupertino, spoke for the applicant, Mr. Rondoni being out of town and unable to attend the meeting. Mr. Wilson went over the renderings briefly giving a rundown of what is proposed. That is, a Senior Citizens Development, with approximately 296 units. 112 Efficiency residents, 152 one bedroom residents. The density would be 18 units per acre. He also read a letter directed to the Commission from Mr. Rondöni. Mr. Wilson stated that in answer to the question "Why Cupertino?" he could think of many reasons. For instance, where there are no elders around, children tend to lose respect for older people, that Suburbia is pushing older people out. That older people are happier when they are in a group. Chairman Small asked that if a Church should sponsor this development, would they have the same tax exemption that churches are entitled to. City City Attorney could not answer. Mr. Wilson stated that than a church, would sponsor would pretty much have to be be eligible for an FHA loan. Commissioner Frolich asked if the Sanitary District and School District had been made aware of this application. The City Attorney commented that in the case of informing these particular agencies, 3 in all likelihood, this development. self-contained and a corporation, rather That a corporation self-sustaining to Chairman Small called a recess at this point in the meeting. Time: 9:50. Meet1ng re-convened at 10:05. RICHARD GARROD: Application 52-Z-62 to rezone acres from A-2 to Trailer Park Zone, R-3-H and west of Prospect Road, north of Mt. Eden Road. Hearing. Mr. Garrod represented himself. He stated that before he ever made application to the Planning Commission that he had sat in the Council Chambers with three Councilmen and explained his plan to them. That they were well aware of what he intended to put on this land when he annexed to the City. D. 38.7 C-I-H; Second He also stated that before annex1ng to the City that he had had Carl Belser, County Planning Director on the property for a day, and that Mr. Belser had said that he would recommend that this zoning be granted, that it would be a good thing for the County. Mr. Garrod fUrther stated that the class of citizens that would live in these mobile homes would be A-I. That since it was a private- ly owned enterprise that there would be no integration. There were several people in the aud1ence from Saratoga, who were interested in the development of this property. Chairman Small sent to the audience for comment. Ernest Hine asked if these people would carry their proper share of taxes, for example schools, etc. The answer was yes. Mr. John McDonald represent Mr. & Mrs. Turlink, who were pro- perty owners in this area, asked if the City had any ordinance that would cover this sort of this development in this particular area. The answer was no, but in this case the County Ordinance would or could be adopted in two public hearings. Mr. McDonald also asked if this particular area was encompassed in the Master Plan that is proposed for the City of Cupertino. Chairman Small then read a letter from the City of Saratoga Planning Commission in which they requested that no decision be made until they had an opportunity to study this application. The letter further remarked about the width of the road and the possi- bilities of problems that may arise in moving these large vehicles into the area. Mr. Garrod said that people living further down on Mt. Eden road have encroached on this road by planting large hedges. That these people have never been willing to give up any of their property for road widening purposes. The Garrods have given land whenever they were requested to do so. That the Fire Marshall has approved the road for this type of traffic. And that they anticipated no heavy traffic by reason of these mobile homes, that they would only be moved in once. Commissioner Frolich asked if people would be bringing in their own trailers. Mr. Garrod answered that the trailers would be owned by the occupants, but that the State Law prohibits them from moving this large a vehicle. That all vehicles of this size are moved com- mercially by experienced people. Mr. Garrod also stated that they can use materials already on the property to construct their roads, that there will be no reason for large gravel trucks to traverse the road leading to the property. Chairman Small observed that possible this land could be de- veloped into a prime residential area. He asked Mr. Garrod if any thought had been given to developing one acre lots. Mr. Garrod replied that to even think of developing this land into one acre lots, the cost would be prohibitive. Since the aiûJunt of land that is available to develop is small bð comparison and the balance of the land would be assessed at the same tax rate as the developed portion. He would be, in effect, cutting his own throat. Discussion of the plans as to commercial and R--3 zoning that 5 had also been requested on this application. The reason for the R-3 was to build a guest house so that visitors to the Trailer Park would have some place to stay while visiting, since the mobile homes did not allow much space for visitors to sleep. The Commercial zon- ing was requested so that a small commisary could be built to accomo- date the residents of the Trailer Park. Since the area is somewhat isolated it would be better to have a store there, rather than have them drive three or four miles just for a bar of soap. Mr. McDonald asked Mr. Garrod how far along he was in the de- velopment of this property and could he wait for the Master Plan to be adopted. Commissioner Frolich stated that before the Trailer Park could be developed that the Council would have to adopt the County ordinance. Mr. LaCroy, and attorney representing Mr. Simmons, Mr. Gratin and Mr. McDermit, stated that they were not for or against this zoning. They would like to know, as a matter of fact, if there had been an economic feasibility study made of this matter. This is not the only piece of property yet to be annexed into this City. That before the Commission grant this drastic zoning, there should be a complete study made of it. That the ingress and egress questions must be settled. That this raises road problems that Cupertino will later be asked to solve. Mr. Ted Robertshaw stated that he has a plot of some 40 acres in this area. Feels that so much could be developed into beautiful residential lots. Commissioner Fitzgerald moved that the second hearing be closed. Motion died for lack of second. Commissioner Leonard moved that hearing be continued. Seconded by Commissioner Frolich. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Frolich, Leonard, Fitzgerald Adamo, Snyder Rampy, Small MOTION CARRIED: 4-1 - 2 ABSENT Chairman Small moved that this matter be brought up at the joint meeting with the Council on March 7th. Mr. Garrod asked that if this matter is not considered favorably would the Commission, when they pass their resolution on to the Council, consider also forwarding along with that resolution, a pe- tition requesting that this land be withdrawn from the City of Cuper- tino. Roll call was taken on the Motion made by the Chair for this matter to be brought up at the joint session between the Commission and the Council. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Frolich, Leonard, Fitzgerald Adamo, Snyder Rampy, Small MOTION CARRIED: 4-1 - 2 ABSENT F. LUCKY STORES, INC.: Application 19-V-62 for Variance to allow a sign 35' high where ordinance permits 20' and 348 sq. ft. where ordinance allows 150 sq. ft.; 805' west of Highway 9 on north side of Stevens Creek Road. Continued. The Chief Building Inspector went into detail explaining to the Commission how much square footage Lucky Stores would be allowed for their signs. It was decided that since the actual store faced on Stevens Creek Road, that they could conceivably use up the entire space allowed, plus request a variance of 24'. The Chief Building Inspector recommended that they be allowed to do this. However, this would be a variance on the entire sign on Highway 9, which is re- quested under item IV, E. 6 Discussion arose as to the problems that would arise when the adjoining stores were constructed. They would want to advertise and'if Lucky Stores were allowed a sign of this size, it would leave no area for the other stores to erect signs. Commissioner Fitzgerald moved that Item IV, F, the application for a sign on Stevens Creek Boulevard, be granted with the necessary variance on height and size. Seconded by Commissioner Frolich. AYES: NOES: ABSENT: Commiss ioners: COmmissioners: Commissioners; Frolich, Fitzgerald, Rampy, Leonard, Small None Adamo, Snyder MOTION CARRIED: 5-0 - 2 ABSENT E. LUCKY STORES, INC.: Application 18-v-62 for Variance to allow a sign 35' high where ordinance permits 20' and 348' sq. ft. where ordinance allows 150 sq. ft.; 690' north of Stevens Creek Road on west side of Highway 9. Continued. Commissioner Leonard moved tpat this application be denied. Seconded by Commissioner Frolich. AYES: NOES: ABSENT: Commissioners; Commissioners: Commissioners: Frolich, Fitzgerald, Leonard, Rampy, Small None Adamo, Snyder MOTION CARRIED: 5-0 - 2 ABSENT. Commissioner Fitzgerald recommeúded that the applicant get to- gether with the other store occupants and possibly work out some arrangements whereby GEMCO could advertise along with their signs. Mr. Johnston, of Ray-Lite Neon, represented the applicant. He asked if it would be possible for GENCO to erect a temporary sign, and to put it in writing that when the other stores are constructed that they would either coordinate their signs with the GEMCO sign or the GEr1CO sign would be takendowh altogether. The feeling being that until such time as the balance of the shopping center was de- veloped, people going south on High"ay 9 would not be aware of the GE~lCO store. Chairman Small stated that if Mr. Johnston could make such ar- rangemEnts with the other store owners, that it would be agreeable to the Commission for him to come back and present to the Commission the sign proposed for Highway 9. All in favor. G. MAYFAIR MARKETS: Application 20-V-62 for a Variance to the Sign Ordinance to allow an addition of 4'6" x 6'0" to the existing sign; southwest corner of East Estates and Stevens Creek Boulevard. Continued. (Se- cond Variance on same sign). The Chair moved that this variance be granted with the condi- tion that the addition be removed if the store should change their schedule of being open 24 hours. Seconded by Commissioner Lèonard. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Frolich, Fitzgerald, Leonard, Rampy, Small None Adamo, Snyder MOTION CARRIED: 5-0 - 2 ABSENT H. WALTER S. BUTLER: Application 53-2-62 to rezone all of lot 10 and part of lot 11, Map of Monte Vista (northeset corner of Blaney & Stevens Creek Boulevard). from R-3-H to C-I-H. Use Permit also sought for gas station. First Hearing. Mr. Walt Butler represented himself, 130 Ridgeway road, Wood- side, California. He stated that this is a ,major oil company that wishes to put a station on this property. That the station will be of the highest quàlitý. He also stated that they wished to construct a Motel on the balance of the property; 7 Chairman Small asked if there was anyone in the audience who wished to comment. There was no one. Commissioner Frolich moved that the first hearing be closed. Seconded by Commissioner Rampy. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Fitzgerald, Frolich, Leonard, Rampy, Small None Adamo, Snyder MOTION CARRIED: 5-0 - 2 ABSENT I. HERBERT KETELL: Application 21-V-62 for a variance to allow front-yard setbacks of 15' where ordinance requires 20'; lots 3,8,10, 22 of Tract 3061. North- west corner of Highway 9 & Stevens Creek Boulevard. Chairman Small stated that as far as he could see, the City of Cupertino had bent over backwards to assist Mr. Ketell in this project. And since he did not see fit to have anyone at the meeting, Chairman Small moved for denial of this application. Seconded by Commissioner Leonard. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Fitzgerald, Frolich, None Adamo, Snyder Leonard, Rampy, Small MOTION CARRIED: 5-0 - 2 ABSENT Chairman Small asked the City Clerk to notify the applicant that he had five days in which to appeal to the City Council. J. CUPERTINO NURSERY: Application 17-U-62 for a Use Permit for a ,new storage building and the remodeling of existing sales building, 10431 N. Highway 9. Chairman Small read a letter from, the applicant which stated what they intended to do. The applicant was represented by Mr. Itsuo Uenaka. He displayed the plans that indicated how the nursery would be remodeled. The Commission agreed that ,the Cupertino Nursery has always been an asset to the City of Cupertino and that they have always cooperated with the City. Commissioner Leonard moved that the use permit be granted. Seconded by Commissioner Rampy. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Fitzgerald, Frolich, Leonard, Rampy, Small None Adamo, Snyder MOTION CARRIED: 5-0 - 2 ABSENT V. UNFINISHED BUSINESS A. C--2 ORDINANCE: No work to be done on this ordinance at this time. B. MISCELLANEOUS VI. NEW BUSINESS: A. MISCELLANEOUS: A letter received from Mr. Thomas S. Reedy, which he requested be read after 10 P.M. The letter asked that some provision be considered by the Commission to alleviate a situation on the some property he was in the process of purchasing. The property was located on Regnart and Lindy Lane. The property is hilly, which presents a problem - since the City has no ordinance governing hill- side development. The City Engineer stated that he had recommended to the Council that they adopt an ordinance that the County had recently adopted on Hillside Development, but nothing had developed. Chairman Small moved that this matter be brought up at the joint meeting. Seconded by Commissioner Rampy. All in favor. Commiss oner Leonard moved to adjourn the meeting at 11:50. ATTEST:' / I ..,--. APPROVED: ,. \k..Q..,,~· E. J. Small, Chairman