PC 01-22-62
10321 So. Saratoga-Sunnyvale Road
AL 2-4505
C I T Y 0 Feu PER TIN 0
Cupertino, California
MINUTES OF T~E REGULAR PLANNING COMMISSION MEETING - JANUARY 22,
1962' ,
TIME:
PLACE:
8:00 P.M.
10321 So. Saratoga-Sunnyvale Road
I SAJ;¡UTE TO THE FLAg
II ROLL CALL: Commissioners Present: Adamo, Fitzgerald; Frolich,
Leonard~ Rampy, Small
,_ Commissioners Absent Snyder
,'Staff Present, : City Èngineer,'City Attorne;¡r,
City Clerk I .City Manager's
, Secretary
MINUTES OF PREVIOUS MEETING '- Approved as submitted:
·111 COMMUNICATIONS:
A . Written:
1. Letter notif~ing Planning Commission of the
intentions of property owners along ~ighway 9
to present a tentative plan for the development
of their,properties. (Cali, Tori, etc.) "
2. Map of Tract #3142, Dymond Property, which has
been approved - submitted for the Commission's
information.
3. Minut~s of Santa Clara County ~lanning CommisSion
of'January 3rd. -
4. Agenda for County Planning Commission Meeting of
January 17th '
5. Chart showing subdivisions recorded in the County.
Chairman Small asked if there were any verbal communications
frorµ:' the audience. There were none.
'IV ,HEARINGS SCHEDULED:
A. 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.
A study session was held on this application last Thursday
night, January 18th. The major item that came out of the study
session was ,the density, which would seem to control, in a large
degree, the type of development that would come on this type of
acreage.
Commissioner Fitzgerald asked what the applicant, wante,1;l to
,do, w'ill he wait for the ordinance? ' ., '
Mr. Griffin, President of ttle Alpha Land Company asked for
a copy of the report which came out of the study session. He feels
that this development could be accomplished under the present R-3
ordinance. However, he will abide by the decision of the Commission.
It was the general consensus of opinion that the Planning Con-
sultant, Abraam Krushkhov, should be consulted, perhaps at a study
session. That before the study session, Mr. Krushkhov be sent all
of the plans as submitted by the applicant, and also,the reports
on the study sessions held thus far.
Commissioner Leonard commented that this applicant and the
priõr applicant are both anxious to have as
generated and dò justice to the community.
be disçussed to get ideas expressed for the
decision tonight.
much speed as can be
This application should
purpose of making a
1
Cha1~man Small requeßteq
pX'Ji1l¥ired, b,y, the suþ-ço,mmlt;t~~.,
pª,fk" -' OJXi~ap.c,e ~f¡e+,j;.¡ll1 ~ '
After some d18Q~sslop it wa. ~ecided to submit copies of the
plot plans of the developer and also a copy of the sub-committee
report to the Clty Manager to be forwarded to the Planning Consul-
tant for his review. The City Manager was requested to contact
the Planning consultant to see if he would be able to attend a
study seadon on January 30, 1962 at 8:00 P.M.
t~t t~ City Clerk read the notes
e<?,~:1. ~~~t 111ti~, M1.;.1 tiple Res;1.(lentia 1
.," ..' ", ..'
Commissioner Fitzgerald commented that he had ,missed the
study session. but felt that this application could go on the
R-3 ordinance. Feels,at this rate. they would be writing new
ordinances on every R-3 that comes into town.
Chairman Small asked Commissioner Fitzgerald if he thinks
the application Should go the "variance route". Commissioner
Fitzgerald replied "Only if application has merit". Chairman
Small commented that developers could come. in with pretty pictures
and say that this is what they plan to build. but if they have to
amend their renderings to an R-3-PH ord1nance. the Commission
could be sure that the builder will do what he says he will do.
Commissioner Frolich stated that one other aspect has to be
considered. Some months ago. Chairman Small has brought in a
breakdown of what percentage of the City was in R-3, i.e. in
acres. Much of this acreage that is zon~d R-3 has not been de-
veloped as yet. At this rate about one-half of the City will be
zoned R-3. He feels that there should be more ordinances to cover
as maný phases of R--3 as possible.
Commissioner Rampy commented on the fact that all buildings
should face a common street. He would be inclined to think that
this be discussed further and see what merit this particular plan
has and then work on an ordinance to see if it can be changed to
take care of this type of development.
Commissioner Fitzgerald commented that everyone apparently
likes both presentations and asked how long can we make these
people wait? Does not feel that an ordinance can be worked up
in a sufficient amount of time.
Chairman Small remarked that these developments as proposed
are beautiful and very much above anything ever done in Cupertino.
On the other hand, a thirty acre parcel has a tremendous impact
and feels that it is the right step to submit the plans to the
Planning Consultant. Since it is the concensus of opinion that
they go the ordinance route, it Is suggested that they move very
fast. This would probably be the safest for the City. They have
had pretty pictures before with sorry results.
Mr. Griffin Said that regardless of whether it is an existing
ordinance or a new ordinance, it all comes down to a Planning
Commission judgment of what is going to be gotten from the appli-
cant. Everyone was satisfied that every building should face a
street. The site has to be on a dedicated street. What variances
.arß, involved'? To his knowledge there are no variances involved
for this type of development. ae will be happy to submit plans
as they stand, subject to a use permit. Feels that with a Use
Permit, the Commission would have greater control than with a new
ordinance. The new ordinance still does no more than the present
ordinance and it is still a matter of the Commission's judgement
After considerab!e discussion as to whether it would be best
to go into a study session with the planning ccn~ultant, the City
Manager was asked for his opinion. The City il,lclnager agreed that
there should be a study session '.Iith the C(~'lsultant and that he
would contact Mr. Krushkhov and make arran¿ements for him to meet
with the Planning Commission and possibly :'ee if the City Council
would want to sit in on the session.
Commissioner Frolich asked if t¡~; City P ttorney would be able
to attend the study session. The Cit" þttorney said that he would
have to look at his schedule, that ¡'o .Ias scheduled for two meet-
ings a tJ1onth, but was not sure if he could make another one.
2
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..;;¡;'The City Manager informed the Comrdssion tl'Jai; he [Iud been
g1 Ve:-, autJ¡or-i ty by the C-1':~j CGuncL, ";0 :'8cl,uest 'ôDe P Ln;1r,ing Consul-
tant to come to meetings, etc.
Commissionel' F:"~>ol:~.c _1 I2dues ccd J.;h2 L q study session .~'= s~t
f...I' ,January 30th at 8:co P.¡i¡ AE in f2':Cl
The applicant SE.td that '1e v:~uld also b", Ha¡:pv to attend the
studJ session. He agreed to giv;:; as :nuch inform2,;10n to the City
!v1anager a¡;: he C:0èlld to spnd to the Plannin€\ Consu.ltu1t before the
:'<tudy ses~ion.
Cor:'îÚì1.Ss1oner Leonërd moved to cont:'.Due ·'::he. second hearing.
Seconded by Commissioner l!'itzgeI'i.Üc1,
Commissioners:
Commissioners:
Adamo, FitzgeI'ò?ld, FrolJch, I·eo!lard,
Rampy, Small
NC'1e
Snyder
AYES:
NOES:
ABSENT:
Commissioners:
MOTION CAaRIED - 6-0
IV. B. ED CALI: Applj_cation 51-Z-62 to rezone 19 acres from
R-l:B-2 to C-I-H, R-3-H dnd R-l, northwest corner of
Highway 9 and McClellan. First Hearing. (300' x 675'
already zoned C-I-H to be deducted from 19 acres)
Mr. Don Bandley of Cupertino R"al t:,' r'€.presented the applicant.
He stated that this ~ezoning only involves adding foot2~e to one
zoning, lessening one, and creating a third. This pro?erty is on
the corner of Highway 9 and McClellan Road. The reason for the
,request is that the applicant wishes to conform. He has held the
property for some years to grow apricots. The property was given
its present zoning in 1954, and description of the properties went
to the center of Highway 9. The 300' request for commercial zon-
ing at' that time was imposed on the property from the center of
the highway, which was on the tax rolls a't that time. Howe iTer,
it is felt that this is not an adequate depth to suffice devèlop-
ment today. They would like to hÐve the 300' extended to 400'.
This will give ample depthto pr0vide for u0mmercial developments
today.
Chairman Small asked if applicant had given any consider-at ion
to PO-H zoning instead of R-3. Mr. 3andley stated that it is the
intent to develop this p:>:'operty from the back to the front. They
feel it is important to pr0vlde zoning as a whole'to thA benefit
of the overall development and 1:Jene~'it of the City as a whole.
Chairnmn Small asked the City E~gineer to point out the pro-
perty on the neighborhood pIaL. Plan No.2 was put up on the
board. Mr. Bandley stated that the entire property is 1225 feet
in depth. The City Engineer stated that túe request would line
in with the neighborhood plan.
Chairman Small asked if there were any people in the 3uGliA:1ce
who would like to speak for or against this application.
Mr. ¡'Tar:1er Wilson said he would like to speak on the side of
Ghe proponents. Feels that the applicant would need a depth of
!¡OO', that thiS was a very moderate request and sH;ed as an pxample
the properties across the road. Questioned if they were ask5ns
for enough R-3 zoning. Directly across 'Ghe road there i'3 a depth
of 305 feet in back of commercial zoning, that would allow for a
street down the middle of multiple lots, giving more space and
encouraging the developmert' OI' better apartment h~uses.
Cl1airman Smal:'. a,o'ked if' {:h,re Wel"C any furt'¡cr comments from
the audienc2. COmmL3f<oLuner i.fò'on3.rd statt=è, :,hat he had had ,'orne
communication from the C'.t":,\' C,uncil, suggesttns that the Commission
review C-2 ordinance. Ire s·.lgg,.~séed t¡:,~t some prelirr.inary work be
done on the possible tL,'e2 c,_~ref; cf CC>I;¡r,:2':,cial zoning, center core,
strip commercial and neighbo:chc>úd resè.dentia 1. He also suggested
that some thour~,ht be g:CVt=,1 to nv'] [[¡',lci! commercial zoning, ,~as ir,
the City at the preser.t tlme , that it se"mcc; many owners \~ere
coming in for comme1:"·,.;j,a~_ zonin2,J ~r;:/l~,\g to 2et in ui!.der th'3 VJir8
before the general plan is finished.
3
Chairman SmalJ. a,s1ccd apiJl~!_G.3nt if they -/:Ql'_ld :...:ons:l.d0T" ß':.:J!1g
to C-I-H and forß"ttini. ':he R-3 zonÜ1L.,
Commissioner ~rolich ~omtG0nted or: Com[;sr~ial. Rc~arJ18ss of
·what ordin.~ì.nce thiz mip;ht :;ù ·,h:.' <,(, o:.;ed i!,-J.1 ,__:8 .,;:~lJ.Y;ady t:avc -=seQl
and don It have to V10rr~/ too nrj ':.;' A,:::', f'<:;I ::~8 '2xt.(;ndlnr~ bacl{
another 100 I at let.se t,lat ùI'Ll, :;,'c;:,: _,.:c--,pt.h of c()mm¡;r;;ial~¡oulá
present no prot.lem.
Commissioner Hamry ag:"c:O that i'~ ',,',j ,i" n
have COtTIU13rciaJ. zoninr;: 01"1 300 ¡ Jep~h,
-!~':? rcc:--i~_l,~.:~ -t.'-:
Mrs. Rose Glddin~.s asked v¡ha~ provisions are bein¡<, rW.C::.e to
provide for crossing. Remarking that her' chj,lãren j'/¡Ük to 'ch,
libr;:¡r', and have considera]Üe t:':'0ulJ~.e croßsing the hiChway. She
\Vondered \'¡hat will happen Nhen the hiGhway is wiè.ened to 12C,·.
Chairman Small assured t.1rs. Giddings that with cOlr.mei'<:ial
zoning on either corner, he \ms certain that provisions wo';.lc' be
made for crossif'g.
Commissioner Frol1ch moved tJ1at the first hearing be clGsed.
Se'Jonded by Commissioner Fitzgerald.
~OES:
ABSENT :
Commissioners:
ConmÜ ssioners:
Adamo, FltzL~erald, Fr'olich, Leom.,r:1,
R3.mpy, Small
;<:ODe
Snyder
AYES:
Commissioners:
MorIùN CARRIED 6-0
Commissioner Leonarù asked that. ;Ün'Je it ,·as a s:.ort ag,'~da,
could they do some worl: on the zoning ordinaèJee. Requested that
Mr. BandleJ stay and maybe offer some sugge3tlons.. Mr. Bandley
stated that he would not be able to '3tay tonight a.nd then refei':red
to the letter received from the pI'opertj o\mers along the south
side of Highway 9 (cali, Tori, etc.) saying that this letter was
simply to put the Commission on notice that there woulG be d
tentati ve plan submitted very short2.y for this pI'oþei'ty ¡ 5 develop-
ment.
IV. C. ARNOLD Y. ~QSß: 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 Cre(;k Boulevard adj:,Lnln;
east side of Calab:lz:lß 0~·~ee¡:. FiI'3t :tearing.
Mr. Ralph Ramona, representee, tr.r. Nose, stat8d that tl.is was
to be a development of tri¡::'.exes th::l"G would conform in eve:('y ;iay
to the present zoning orC.inance. 'rhe applicant fe8ls that there
is a need for this type of development in the ~ity and plans to
make ::>ny necessary' dedication:3, etc. This prerJerty does net ltmd
itself to single family residents because of its proximity to
Wolfe Road.
Commissioner LeonGœd ~omm2nted that every time th" Corr·Q,lssion
has conside::'ed a development in ~\ns area, they- h,ove t.1~iec1 +õ ,';'-" ,
t'-lin help on building a br;.ège over Calabc.zElE Creek. If th·;
proper':y to be developed could be d<è \'eloped <It the S2t'1" tjt11é',.tl,çt
other applicants 1 propeJ:ties V-!€1'8 developed;; poss5J)ly t;'le~Ct-"t()u,ld
be s0mething T!orked out ìlí L2ttin;--, t _8 r,rJ.Ùi-:·,t. Cü~j,;:~l;l'·~lCGC('1.
iVir. Ramon£', Rtated that he l'ealizc:d ,-,,,,::'toÜ, l'ef:.3 ~ould be
designated to\vard the construc;;".o,¡ of tile b,¡Ü1ic;'o, T'Ìi'--' "ost of
constrvlction would be borne b;¡' both d¡=v¿lop":'~'s fol' the üse of il
road that would be uHe(: b;:l c1:;rr/ P~ül)~.Ç: 2::1(J t¡-li,j ~\J3S J"::.lthCl" e
difl'ìc111t questjon tc ,,1",'1\'1,.::' a'; th: '3 t::,mc,
Commis.=.Jion(":)!' Len~Cl:cd Rt~lt.,;;d trle<:· ':,~;:.·::,D') s0~(1nd Le:::t!'i!:~g he would
be har.1x:/ to llenl' an;y ~ .ggE;cí:;in,..h -LÙC &p:()llcaDt mi~ht bc; able to
come up wi"ch in l'e'š8.1<) -;:.() G{}~ o::.-j.è·t'C,
Chairman Small W'iS cODC",rnf'cl 1Ü+c" ,mat tj;,0 of R--3 ,,¡ould be
put in on~his lanLl. Aòl{¿(j fé~C' ,lmu ai' r,lœtcb2¡·. 'rr.'~ aiJp llGant
haG noth::..nC '/Jith hlm.1 1)";l.):; s~(';J.ted tl-t2."· .i..l,-; ~T~ '_J. 11O,vc-' at th2 Sf;cond
Hearing.
4
The question o£the check li.st came into the di.,cussion again.
It 18 felt by the rlann1ng Commission that proper notification is
not being given to schools and water, ,comparÜes,. etc. when a new
zoning, application is made tò th~city where a large development
might' be:'irrvolved. 'After some discussion as to thêfeåsibility
of sending the check list on zoning applications, lnasrmlChas
ther~ is usually no tentative map submitted with zoning applica-
tions, it was decided that instead,of ~ checklist, a copy of
the' :á.gêr¡da should be sent to th9se agenciesori ,the cheCk list
list.
,~ '
Chairman Small asked if there werç" any comments fr,om: the
audience. There were none. It wás suggested, to the' app;Licant
that, he check with the City Manager regarding the stÏ'eetlayout
and also with tl1eCity Engineer,: ..f the City Mariagë'r feels it ia:
n~ce-Ssary . ' "
Commissioner Adamo moved to, ciose the tirsthearirig. ' Seconded
by Commissioner Leonård. '
AYES: ' Commissioners: Adamo, Fitzgerald,. Frolich; Leonard,
Rampy, ,Small
NOES: Commissioners: None
ABSENT: Commissioners: Sn;yder
.
MOTION,CARRIED: 6-0,
City Engineer stated that the ápplicant should come to City
Hall and confer with City'Manager with regard to the bridge pro-
blem and street problem and if City Manager see~,fit, he should
then consult with the Engineering Department. ,
IV. D. ST. JUDE THE APOSTLE: Use Permit applicatiQn l6-u-62
for Church purposes on 6.3 acres at the'southeast
corner of 'Stelling & McClellan.
MI'.! WilHam Brooks represented the Chùrch and stated that
,this property :Would De used, for church purposeà. ,He said: tha t
the, church planned to use the property as it etarids, and the
large building. as the meeting pla<;e. That he hád inspect,èd the
property with the City Building Inspector and also the Fire
Marshall and would conform to the suggestions and require[] ents
of both departments. ' ,
Commissioner Leonard suggested that possibly 'there may be
some comments from the audienc~ as seyeral of the iahd owpers
adjacent to thls property were present.
Mr. W. W. McCaslin spoke for the land ow~ers and r~ada
letter directed to the Cupertino PlannihgCommiss:i,ön. The letter
requested that some definite pIa:'} be decided upon to, provide p:('vpe~o
access to the properties involved. '
Anthony Lillo asked if ,there is a plot plan for the futu:o:<e
development of this property, or is this just a request for ·...se
as it stand~. Mr. Brooks answered that it was merely a r~quest
to use the property as it now stands.
Mr,. Lillo statedthat"t!)e property owners werE; fQr and 8ßa'::13t
the church development. They ,were very happy to }Q1i<k that the
property was going to be developed and also that the church was
tgoing'tobe there. What they were oppose<1 to 'fJas'the acc¡::ss to
the property. The fact that a church is ~sing the area for de-
velopment does not nec.8ssarily change or eliminate any neighbor-
hood planning of a year or· year-and-a-half ago. There 3hould be
ßome p,olicy that the:ce will be some marmsr 0f3ccecs t.) 'the Lack
of . the property. '.
Chairman Small asked Mr. '3~',Joks if sometime in, the future the
existing buildings would be ~orn down and replaced by permanent
church bUilding. Mr. Brooks said that at. the present time they
did not know; Chairman Small stated that he felt'that there
should be a time limit on this use ¡;;2--'!¡"t, ,that the church be re-
quired to come back at some dezignated time co renew the use per-
mit.
5
.' Mr.. BrQOks, Mked,what tb,e p¡j;'ellJ~nt road conditions were at
this tl~. He could see threê access roads into the property.
, That there '\'Jas ample parking space for about sixty cars inside
',the property.
City Attorney ~nderaon aeed if there were any renovations
that would require building permits. That the Fire Marshall and
the Building Department should make an inspection and make up a
list of requirements that can be done with the minimum of labor
and expense and can be inspected by the City. Mr. Brooks said that
he felt the corrections to be made were minor.
Commissioner Leonard cOlll1l!ented· that a church site of .more than
six acres is a major church site. It is a large operation meaning
quite a lot of traffic. He suggested thàtthe people involved,
that is the church and the property owners get together in the
interestot solving their mutual problems and at the next meeting
come in with what they have worked out. '
Mr. Fenton Hill of 20915 McCJ,ellan stated that he was happy
to see the church come in, if it 'is going to'bea church. Those
who are effected by it would have to see it be a church and not
come back a year or two later as something else. Would like to
see definite specifications put on the use permit.'
HI'; Lillo stated that they cou;¡'d not d18cuss 'the plan of de-
ve lopment . There was nothing to negot1a te. Property owners want
a pol1cy worked out that their land wii¡ not be land-locked. That
the use permit should have a year's limit so that in that period,
they will know or at least have some definite idea of what is goir
to happen there. .
Mr. Brooks feels there is ample parking. There is no,problem
in land~locking since all properties face on McClellan Road. The
church merely wants'to use the property as it stands today with
,the minimum standards as set down by the Building Inspector and
the Fire Marshall and, of course, community regulations. The
fu.ture would involve bUilding permits and use of the land would
mean, meeting other, ~onditions. They do not propose to change the
use of the land as it stands today.
Commissioner Leonard stated that he was concerned about two or
three years from now. That this matter should be considered more
carefully now so that both parties will be aware of where they
,stand in future years. '
Commissioner Fitzgerald asked 1f they plan to leave the treeb
as they are today. That a good rain would not allow ten cars to be
parked in this area. .
Mr. Brooks stated trere is enough hard surface around the house
to take care of fifty 'cars. He suggested that the Commission make
a stipulation for parking at this time., As far as the Church is
concerned, there is no problem.
Chairman Small suggested a recess at this point.
Meeting reconvened at 10:3ö'p .M. " '" ,
Time: 10:20.
...
'0
Chairman Small asked' the tJommission if they 'wanted to make
a decision, that there was little doubt that something could be
worked out. The present problem aeems to be building and parking
facilities.
Commissioner Fitzgerald stated that he saw no reason why a
use permit could not be granted as long as the building was inspected
by the building inspector and the church recognizes that they must
meet minimum requirements as regards parking. Commissioner Adamo
agreed.
Commissioner Leonard stated that he felt there should be more
discussion on this, that the use permit should not be granted
before the problems are re,sol ved.
Chairman Small stated that he granted there werê 'problems
that would have to be resolved and suggested that the property
owners get together with the church people and try to work them
out. But that the Commission could grant a use permit subject to
6
building inspection and parking.
The Chairman moved that this particular application be tabled
for two weeks. Seconded by Commissioner Leonard.
AYES:
NOES:
ABSENT:
Commissioners:
Commiss ioners:
Commissioners:
Adamo Fitzgerald, Leonard, Rampy, Small
Frolich
Snyder
MOTION CARRIED 5-1
V. UNFINISHED BUSINESS
Miscellaneous
VI. NEW BUSINESS
Miscellaneous:
Commissioner Frolich asked to read drafts of letters to be
sent to five companies that answered requests to look over the
City ordinances on industrial parks, thanking them for their help
and cooperation.
Commissioner Adamo moved that the letters be sent as read by
Commissioner Frolich. Seconded by Commissioner Fitzgerald.
All in favor.
Commissioner Leonard made some comments on the commercial
zoning ordinance and asked if there were any people in the audience
who might have some ideas or comments to make.
Chairman Small stated that he had spoken with the Planning
Consultant and he, the Planning Consultant, had stated he wanted
to be in on any discussions on ordinances.
Crmmissioner Fitzgerald asked if material that they have could
be sent to Mr. Krushkhov and have him go over it and make a report
on it.
Commissioner Leonard moved for adjournm~~t.
MEETING ADJOURNED: 11: 07 p. M.
/S/ E. J. Small
Chairman
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