PC 12-26-61
, 10321 So. Saratoga-Sunnyvale Road
C I T Y 0 F C U PER TIN 0
Cupertino, California
AL 2-450~
MINUTES OF THE REGULAR MEE'rING OF THE PLANNING COMMISSION -
DECEMBER 26, 1961.
I
1032l So. Saratoga-Sunnyvale Road
8:00 P.M.
SALUTE TO THE FLAG
PLACE:
TIME
II ROLL CALL: Commissioners Present: Adamo, Fitzgerald, Frolich,
Leonard, Snyder, Small
Commissioners Absent Rampy
Starr Present City Engineer, City Clerk
MINUTES OF PREVIOUS MEETING: December 11, 1961
The minutes were approved with the exception of three corrections:
Page 2, under Item IV. A. Commissioner Fitzgerald made the motion.
Page 7: Second paragraph: "if the Commission felt it necessary,
check lists could be submitted to the various agencies".
Page 4: On the vote to deny the application of the California Water
Company., Should read AYES: Adamo, Fitzgerald, Frolich, Leonard,
Iiampy, Snyder, NAYS: None; ABEŒHT: None, ABSTAIN: Small.
III. CO~WIDNICATIONS:
A. Written:
1. Copy of Planning Reference from the State Department
of Finance Office of Planning, issued in December.
2. Additional copies of the Stevens Creek Park Chaln
brochure.
3. December 1961 issue of American Society of Planning
Officials Newsletter publication.
4. County Planning Commission Agenda for week of Decem-
ber 20th. Summary of Actions and mirn¡tes of the
County Planning Meeting of December 6th.
5. Water Conservation Newsletter.
6. Questionnaire, directed to Planning Commission re-
garding problems encountered jn the City.
Commissioner Fitzgerald made a motion that the communications be
received and filed. Seconded by Commissioner Frolich, all in favor.
The Chairman asked whether there were any verbal communications
from the audience. There were none.
IV. HEARINGS SCHEDULED:
A. JACK DYMOND CO.: Application 44-z-6l to rezone 431'
x 280' from A-2:B-2 to C-l-H west side of Mtn. View-
Stevens Creek Road, South of Monta Vista School, north
of Alcalde Road. Second Hearing Continued.
lVlI'. Gene r,jaston, representing .Jack Dymond Co. stated that the own-
ers are quite willing to amend their application from C-I-H zoning to
PO-H zoning, since some objections were raised to the C-l-II zoning
because of its proximity to the school.
Discussion followed as to whether the need for another publicati~n
was necessary due to the fact tha~ t,he applicant was going to amend his
application. In the absence of the Cit:' Attorney, it vms suggested
that he be contacted on the legal aspects of this type of a situation.
The applicant was asked to submit a request in writing to the
City Clerk amending his application from C-I-H to PO-H zoning. The
applicant said he would do so the next day. The City Clerk was
,
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solve the easement problem and result in ßtandard quality streets" wide
enough for fire equipment to get in and au";, It was the C1 ty Atto:':'!ley ¡ s
belief that thi:3 would 'chen meet with the requirements of the Cityis
R-3 Ordinance.
Chairman Small, at this point, excused himself from the room,
(Time: 8:55 P.M.) Vice Chai~man Snyder took over the meeting.
The City Clerk said that they had submitted a checlc list to variouS
agencies that may be effected by such a development and had received
two replies. One was from the Pacific Gas & Electric, which stated
the only easement requirement would be at the periH1itter of the develop-
ment. The second was from the County, which stated that some recogr.i-
tion should be given Calabazas CJ~eek to other open area to tie erc'~ire
project together. That streets along the creek should be eliminated.
Commissioner Leonard interposed a few more things that '1ad cc,¡ne
up at the study session that were not covered by Vice-Chal:crnan Sl1Sdc,l'"
That I'iIr. Marburg was presently involved in a development on Lite Sharon
Estates up in j'/ienlo Parle. That upon inquiries about~lle level of
rentals, Nr. Marburg said that the rentals would be in the vicinity of
$175.00 and $250.00. The intention bein g to attract a hIgher class of
people, Commissioner Leonard wondered what was meant by u higher cla::Js
of people. Commissioner Lecnard aga~,n asked that, a3:3uming that t.his
type of living is the comtng thing, beC::1Use of' the rapid popuô.,/cion
growth in California, is GC1.peI'tino a li'œly place for this t~YT,e of
development"
¡vIr. Marburg mStde several statements in jUstification f·y::, this tY'Je
of development. When a person pays $16,,000 for ;:1, home, he gets about
$10,000 worth of house and $6,000 worth 01' land. For the 8ame money,
he can get $13, ':,00 worth of brJuse and $2" ':,OO;voy't11 of land, which
would mean a better housp, A.long with t.his, there would ])e no yu'ç]
work or maintenance on the prope)~ty, h.,lng taken ca)~e of by thp OWder,
This type of developm8nt wou::'d also upgI'aùe the commt¡ai typrov:iding a
better tax ba::e" Ir~lat fB.i.TIiliea cOl;.ld r,~j,lse the:i..r living Gt;~n(h:":('Lls
without having to ra:i,:3e t.heir ine-orne 0
The City Eng:!.nee)" ql.:est:ì.oned the pel"m:!.ttel' eCLs2ment. AslŒd how the
wiring would be brought into tìÜfi cle\lelopment, eithccr overhead o¡'
underground conduit,
l'1r. Rene Helow repreaent:,Dg the ",i)pliGant, said tl',at l;hey felt
the underground conduit wOl.ëld be much mc¡,'e desirabJ,e. '
Thomas Bur::'as0ano QL~estioned the width of the street, alfJo if there
would be ample parking. Commi:::s~o,ler Leonard explained the layout of
the development for tra benei'it of those in tile audience who were not
present at the last meeting. 'rhat th8:'c Nere garages, not carports,
and that thel'e were provis:i..ons made for ample parking, 1-l/2 cars pex'
apartment area. There wer~ 25 gue;'it pal"k:ì,!'!g spaces, plus double gar-
ages.
Vice-Chairman SnydeI' agreed with CommlssioneI' Leonard that En. orc1j·
nance should be developed to cover this type of bl1ildl:ò.g so th8.t in
the event other developers sholëld corrie in after City Ti +;l~, t;,,8:' woull!
have a standa:",d to govern their Öeci3ions.
Mf.'o Helow made several statements in an attem'[Jt to h8J,p the CGtnm:;'s-
sion arrive at a decision, with regard to the Úiffer'ent are8.S that llr]
had checked that have tJ¡is type of dE.v(Û(,pment.' He felt a zoning
ordinance to cover this sort of c1e'J'elopment "JOuJd be a lot of red tape
to go through and that our present f(·-3 ordinance would cover. Ji1ac~;uch
as they have already agreed to fully develop Wolfe Road, he asíœd if
the Commission cO;J,ld not g:;'ve the 7.0'Üng req\.~ested anr'i allow his Company
to at least get started. on t.;,eir p:é'oject. 'rhat time was of 'ch8 essence.
He asked if H-Contrc.l could possibJ.y help eJi:pedite the matt'?r and if
they had any objectiollS to allY part. of ëhe de"e~Opme¡l::' tløG th9 arrange-
ments could be worked out.
He stated that San Joce, on :ï'C-de7elopn,ent, is Golr.g to use many
developments of this t'V-pe 0 'rhs;y; w:L;,l be getting them tmde:r special
FP.A loans, calling '~h8; ¡'Deluxe I Gai"Jen Apö.~"tments or "Town lIouses".
He feels that cü.pertir;o would benefit b;¡ thls type of dc.velo;)ment,
being the first in the area to helVe it.
_, If .-
Vice-Chairman Snyder stated that J1e felt the CornmÜ:£:lcn r.,hould g()
into another study session on this with the idea of drafting an ordi-
nance to be forwarded on to the CO'lncil.
Commissioner FltzG8rald sUGgested that maybe to help the applicant
get started, it might be better to go along with the City Attorney's
recommendation and allow the R·'3 Ordinance to govern this type of de-
velopmentJ with street dedications and a variance on the street width.
After considerably more discussion, with Commissioners FroJ.ich and
Adamo agreeing 'flith Commi,'Jsione':' Leonard on a drafting of an ordinance,
the applicant was asked if he would want the Commission to vote t!Üs
evening on the matter or wait until an ordinance was drafted.
Mr. Helow asked how long a period of tj,rne would pass befQre the
whole matter could be resolved. Vice Chairman Snyder estin¡ated that
it would be at least the first part of Ap),'il, before everyt!Ür;g CQuJ.d
be talœn caI'e of, i. e. public hearings on the ordinance, etc.
Commissioner Leonard moved that the Commission set the earliest
possible date for a meeting to discuss a specific ordinance to take care
of cluster and multiple type developments of ::;ood qnali ty. Commissiol1er
Frolich seconded.
A'1:'ES :
HOES:
ABSENT:
Commissioners:
COf:îmi.ssioners:
Commissioners:
Add,,1'h', Frolich, LeonardJ Snyder
.Fj,l; 2'·ge/ 'aJ_d
Small, RanJpy
MO'rION CARRIED: if-I, 2 ABSENT
Commissioner Leonard suggf.;sted t'J the api'licant that to help ex--
pedi te mat tel's, he might m;e ~he check 15,8 l .
Comissioner Fi tzgeralrl ag,Ün read part of the (:i ty 1\ ttorney' s re·,
commendation and the only thing he could Gee was that the variaa'~e on
the 27 foot streets rngl1t open the flood e;él tes for other developer:j.
However, other develope),'s [,lay not come in with a plct plan as th i.s
applicant had, he feels that t¡Ü3 is tt·e difference, that the Commi.Gsion
should be able to make a decision, because t.hey are aWé\l'e cf W!Kl t the
applicant intend s to build on the property, if given the zoning reqcwstec\"
Commissioner Leona!'d moved th<-. t the m,ltter be eontÜmed unt11 such
time as a sui table ordinancp ~üulcl be IJrafted - sugr;8stinp; that a t the
time the drafted ordj¡;Gn~e is submi tteJ to tl,e Conneil that this develop-
ment go along as an eX8lnple, the feelin¿; being tha tone t.ies in .'ith the
other. Seconded by COŒmissioner F~tzgerQld.
AYES:
NOES:
ABSENT:
Commissioner:
Commissloner:
Commissioner:
Ada¡m, Fitz¡;erald, F"'olich, Leonard
:t'Jone
Rampy, Small
MOTION CAnRIED: 5 -0, 2 ABSKN'l'.
Commissioner Leonal'd again suggested to the applicant that he ob-,
tain a check list-and could dispose of many ihems U1Ìs way, to help
expedite the matter. flleo sl¡ggested that he ~;upply the,~OlJJmÜJcl'~'n v15,1'),
a tentatlve map GO that when they considered the aI)plication fo~' ,'e-
zoning, they could also consider the tento.tive map 2.t t:,,¡, same ';;Jlrc.
Vice Chairman Snyder called a recess - '1'ime: 9: 35 P .M" The meet·,
ing reconvened at 9;45 r .M., at whlch time ChaÜ'~1an Small agc:.ln took
the Chair.
C. MACKAY & SOMPS: A~plication 34-2-61 to rezone 260' x
168' frOEl I\-2-1I and 1]-3-1-: to ?O--H (As a<nended) DQuth side
of Roàrig1.,~es Avenue,310' went of IIighw:iY 9" Eefer!'ed by
Council for revievj an6. I'eport (See min',lt.esof December 18).
Chairman Small aslœd the C:lty Gle:r>;é if the p1.1blic beari:;gs were
closed on this matter. The anSiJei' \lias yei>. After 1'1001'" dJsctission, it
vIas decided to go to the a'c;(li0!,Ce f,j" open è!Jscussion on the mat.ter.
The Commission referred to the City Council MJnutes of December 18,
to refresh their memories on the applicatJcn, and also to asccrc2in what
action the Council 1Ü.3hed th(,m to take. 'I'he Council wanted 8n ordinance
rezc,'Üng this property and a report f20m the Planning Cor.em] ssion.
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Commissioner Fit?!3'?rg]d r.cade a motion to open the dif1cussion to the
audience. Seconded by Commissione:::- Adamo. All in favor.
Commissioner Snyder said thut the Planning Cemmission has already
taken a stand on Resolution No. 79, in which they said that had the
applicant come in for a PO-H zoning instead of a C-I-H zonin[';, that the
Commission would have reconsidered their denial. Chairman Small ag:::-eed,
that the Resolution had been carried on a 5-2 vote. He then opened
the discussion and asked if t.,here was anyone in the audifmce 'who would
like to express their viewpolnts.
Mrs. Glen Atkinson called the Commission's attention to the fact
that there had been a petit10n submitted to the C:i.ty Council in protest
of the application and vlondered why it had not been read. She felt
that since she was the only one at the meeting, that the Council was
under the iIT.pres8ion that she was the only person on Rodrigues object-
ing to the PO-H zoning of this property. She said that she had ',:alked
to everyone in the vicinity and they were about 3 to 1 opposed to the
matter.
Since the time of the public hearings on this application, she had
contacted FHA and they informed her that they took a rather dim view
of property facing or imrnedia tely adjacent to PO,-1I zoning. 'l'hat they
would not loan as much on pl"Operty of this type, thu8 caul1ing ¡¡ hard-
ship on any person wishing to finance a home, by reason of a larger
down paymen t ,
Commissioner B'itzgerald c:nestloned why there we;~e no objections
made at the public hearings.
Chairman Small asked the Cit.y Clerk wlJere tJ1e petitio,,3 were that
had been submitted. 'l'he City Cleric aaid he had two petit.Lons, one
dated November' 25th and one dated NO'vemb0r 28th. Doth had been de-
livered to the lJiayor at a City CourJd,l meeting.
Chairman Small asked the City Clerk to read the petit:!,ons. 'rhere
were several I'easons given why the application :,:hould be denied. Among
them, increased tr'iffic, not proper use for' the land, it is not advan-
tageous to the neighborhood and th8 Planning Commission denied the
application.
¡>irs. Atkinson ¡;ta ted that when A J.J.ario was built, they were re-
quired to install a wall to separate them from the re3iùential 8.rea
behind it. She did not feel that PO-II zoning on this prope1"ty was
a proper buffer. '!'h2.t che would rather Bee multiple go in there than
professional office building:.!. ",'he. t now there will have to be adc'.l-
tional buffering. She said there "lil1 be increased traffic s~.nce the
applicant has five truck3 and she has learned that they plan to ex-
pand.
Commissioner FJ:'olich como'.ented t)1at he understood that FHA was just
as strict on loans when )\,-1 WÐ.S facing Œr,Üt1ple housing as they were
on PO-H.
Chairman Small asked Mrs. A tkinaon if she wa s familiar wi t)1 the
PO-H ordinance that had just been adopted and went on to ::~ead S0Gle of
the specifications th'3,t the orcÜDa:1ce called for on thi3 type of de-
l < '
ve opmeDc.
Commissioner Leonard said that at a st'ldy sesziol1 a '"hi1e back a
professional planner had, in passIng, made the remark that the only
reasonable buffering between commercial and H-l zoning W£lS PO-¡I zoning.
It was further explained to Mrs. AtlÜnson that the reason the Plan-
ning Commission denied the application, was that it had been for C-l-H
zoning and at the time, the P0-H or(Ünanee had not been adopted. But
since the applicant cha!1ged hi.8 appl:i.cation t.o l'O-H zO:1ing, that they
felt it was reasonable to go along.
Chairman Small observed that if the property were to remain R-l
that with this la:l~ge an area, it ,wuld mean that forty to i'lfty homes
could be built on this property, 'rhat this would increase the traffic
by some 70 to 80 cars or tÙlcks a da~'" as agalnst the four t:r.UC1Œ the
applicant now owns. 'l'ha t he had checked with MacKay & Somps and they
informed him that there would be sixteen employees, ,/ho would come in
the morning and leave at 5:00. The t~lcks would go out in the morn1ng
and they would not use Rod:é'igues as the:J.r rOlète to come and go,
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held to what ~~othGr Commission had voted on two years ago?
Commissioner Leonard brought sevel'al, things to the attention of
the Commission wlth regard to ths map. He felt that it vIas a very
poor example of' a tentatlve map, that our pre'3enL ordinances would
never cover a development as i'~ was sho,m. The streets werE: below
standard. 'I'he lots did not conf02m to present ordinancE:s by 10;6.
Street pattern was not very good" 'l'be State r~ap Act J.'uled that a
tentative map was only good for one yeRI'. He did notiJelieve chat
the Ditz-Crane Company haù ány proprieto:<:>y rights to a map two or three
yeaps after it has expired. 'l'hat i!l the interim the whole àevelopm<mt
went bankrupt and the aßx'eemen'~ was never completely ful:fìlJed.
Commissioner Frolich could not see that the City benefltod at a:_l
by the arrangemen'cs made and wants an opinion from the City Atto,aley as
to whether the City is bound by this agreement.
Chairman Small asked if there was only one vlaY out of thls 3ubCì:tvl..
sio~1. City Engineer said no that there would be two or three>, if
they were developed.
Commissioner Leonard said that he was a little perplexed tbat th,"se
two developers cot:ld come into the meet:J.ng with a map, that they were
obviously experienced and !c:-:ew enough about these things to c}¡,c'c!{ :l.nto
ordinances of a City bef'ore attemptJ,!lg to s'-1bmlt a tentative il!ap, That
this map could neve:>:> be appro\'8d l:nder the R-J, ordinance by r"~a'3on that.
the lot sizes were too sŒaJl.
Commissio~ler Frclich moved that this hearinG; be continued l1ntil the
next meeting, until the (;it;; Attorney could be contacted to see whe~'e
they stand.
Commissione¡' L~on.~rd st).ggest~d that tbey rn ove f'or d~.;:nia'_ of t.h:is
application and alJow the di;veJ.ope:cs to go to the Connd.l 0" an ar'peal
and therefore get ther.1 to i;h(~ GOt'.1:c:1_1 a Jittle fast(.:';):~., a::1cl êl'L3Cj an
opportunity to cons'_llt 'I'!. th the body that made the ari"ang8L:.i:o;ntr.; i\.' th
the original de',¡elop8r.
Mr. Ditz said 'c'1at they only wÜI-:,;,',l to cooperate with the City a:~d
did not wish to pro] ong the procec1,ll::'<ò any fur'tl1er than possible. '.rh(õy
wished to begin wor:è{ aa soon 'is possible. He then said tho.c th",re had
been many tentative maps dr'i;":l on t.his piece of propo:'ty and displayed
a map that showed the nnmheJ7 of locs to be 117 instead of 124. The lot
sizes ranged from 7, COí) sq. ft. to 7,900 sq, ft.
Commissioner F:t'olich witl1dr€v·¡ his mo'cion to continue thIs matter to
the next meetL'lg.
The map dtsll1ayed showeð five cul·,.de-sac3 and CQmmj~ssioner Leonard
commented on the fact tInt t.]1:~S was a m'.1ch better looking llI3.p and that
he would have no objectlons ~;o consic'ie:t'ing this ODe iru::tead of the
map j,nitially submitted.
After some discusr.ion it was decided that the Commlss:~on, in o:::,d",1'
to save their voting power, would a(ljourn the meeting unU,l 2-D"':'],";:'
date and thereby have mope tlme to consider this new m:l;;¡ th.lt ha::1 1>ee'-
submitted.
Commissioner Snyder moved that the Ditz-Cl'ane appllca;-.ion be l"8..,
ferre<1 to the City Enginee:c' for' report and also that :\ t be cŒ~tj r·.Hèd
to an adjourned meeting on December 28th at 7:30 r .M. ::;evmc1ed by Cam=
missioner Leonard. All in favor.
Chairman S:nall said t!1a t he hild been in touch with the Ci tv CoU':'(~il
and that they had expresr;ed a w1811 tl1a:-, Ordinance 002(h) be ac!;ect upc'n
as soon as possible, as they \'J2-,r¡t:ed to ~'GfE;r it to the) Planning Con~";l-
tant for his opinion,
Commissioner Fro 1 ich asl{E--'1. :iJ' " (O,py of the 01'Cl.1 ,Llnce could be for-
warded to Mr. Kl"'l1S lîl-::hl.) v , i3:u~ce thp. Ip.t;t~:(' from the P?Öë.;-'a.l Þ..~./~n(;y that
will officially appr'o'lG the o.g:"E"cm'"lot ;'8':,"0.8n t'le 2:lJ.!.rminc; Cont3ultant
and the City has not boen f.·A~~eivE;-.l ;w Yi"t.
Comm:\.ssioner Leonard 1:10ved t¡:.at the Commlssion hold an adjourned
meeting on December 23, 196J. <:it 7;";') 1'.rL for the purpose of considerinF
the Ditz-Cl'ane applicat~_on a'ld aLo Items IV. E and V.. A anù Si1.~h other
matters th",t r.Jay he pertinent. Seconded by C( r.Jmlf;slon3)7 Sc,¡ydçl'0
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IVLrs ~ A tklnson ì/liZlS of the ;-;pinion ;~l.~o.iJ u...l. Ld:;,vl".1.~n the;,T may promise
this, she ,~as sure that the easlest route would be tal,en to COlde mid
go and therefore Hodrigues would be the logical route they VJouldbke.
She remarked that part of the ordinance had been taken from the County
ordinance and noted that the percent of coverage had been changed from
25~~ to 40%.
Chairman Small rer,1aJ~ked that if R--I were to go in on this property
it would mean more children and the need for more schools and he felt
that the citizens of this area were already being taxed to the hilt to
provide schooling. That a profe&sional office building would mean m0re
taxes for the City and less drain on the citizens.
Mrs. Hermsmeyer of Idlewild Greens remarked that she felt in nome
cases PO-Ii zoning would be fine in bacl{ of a commercial de'lelaplTl'o'nt,
provided that the land around it was not already developed. Ibwever,
here was an instance where most of the area around it was already
rleveloped for residential use. That this made the situat~,on a Little
different.
Thomas Burrascano oabserved that any planners he had spoke" wit.h
had said that the best buffering between commerciÜ and resideni;j,al
was professional offices. ~hat this was going to come up in other
parts of Cupertino and what was good for one section, shoald ';GI'tainly
be good for the others.
Nrs. Hermsmeyer asked what the Planning Commission had in mind for
the agricultural land fu:t'tilcr do~m ths f3tl'eet as far as· zonir.g is con-
cerned. Wasn't there a neighborhood plan?
Comrniss:toner Fitzgerald E'xpJaimd tha~; the >,2 ig;~l)orhcc.,d plan s~mply
showed the street pattern plannE;d for a given area, that ~;OlÜ!lg was
another matter completely, t):-,,'li; the prope!'í;y ,)wner was at liberty '0"
request any type of' zo;Üng t,hey w],3heÔ" It was up La the e'la:-¡uing
Commission and City Council to dec,cide ,';hat is best 1'01' the cj1',],;o;em:
ai1d the City. That he felt SUl'e there would not be a series of :eO-H
zoning furthe:' on d.-'wn the street.
Chairman Small, in answe::o to Mrs" lIermsrreyer' s q',¡estion rec;a¡:'ding
what the Commission had in mlnd for f\I.Pther on dowu the st),'cet, inforr-Jed
her that there wel'8, at prel2ent, no applica'cions on file or in the
City Hall for any of the p,roperty ¡~ererred to. Unt~J, such tiP.1e as appli,'
cations are made fo~' roe-zoning, th? Lommlssicn could not allticj,p2.te
what the property o~met's may wish to ::10 wit!, their J.an::l.
Chairman Small aSked Mrs. Atkinso~ why the othe~ 13 people who
had signed the petition were not 171 the audience to voice thsir pro-
tests. M,!:'s. Atkinson fJaj,d tha'c th:is had not been advertized as a p'lblic
hearing. However, she askerl that i1' the Comm;,ssion would re·,scl1edule
the discussion to a later date, "h8 c.)1Úd gua:"antC'8 that 3/J"ths of the
19 signe:cs on the petition would be i~1 t;!le a'üè,ience.
Commissioner Fitzgerald comræntecl tInt he had thought by opening
the dlscussion to the m,'.dience that something mow might come up to a1,-
ter the situation before them. However, they ~Jere merely re-11';,81.,'0;
what had already been discussed many times before.
Commissioner Snyder agx'eed a11.-:1 moved that the lUscclf.se~l be cl,\)c,,=d,
Seconded by Commissioner Fitzgerald. All in favor.
Commissioner Snyder made a motion tllat Hese>ll.',tion Ho" fro. be ado1)1;0(1
as proposed. It "ras requested thai; th:; City Clc,r:I; read PIô[;,:']11.ttOl1 i:o.
83. A RESOLUTION OF Trill PLANN:T:NG CO!~11I8,3ION Ojj' '],'¡]Z cn'; OJ" CT;17RWCH:J
RECOMI'IJEN'DING GRA.NTING OF MI\.CKJ\Y AND 80m'S AMENDED APPLICATION POR A
REZONE WITHIN THE CITY 01<' CU?EHTJ:NO. Seconded by Commissioner L00niud.
AYES;
NOES:
ABSENT:
CommissionE;r~
Commissioner'~
Commisèi ionel' ,:
Fi tzge:caJ.d" }.'rl)lich, L80r~â.rd.1 E'ny(3.el~ J 8mD.~1
Ada r~'l()
Ham,1;;J
It was decided that sine,,, the l'ebt or the agend3 was o)~dinances,
that item A under VI, be m:)ved up ûn t11e <lc;"mc1a. AJ,l hi 1'a'lOl",
'(
VI. A. DI'rZ..·ChANE; Tentat:1"'.re. ~,~:);': .A.pplJ,r'ìtlon~ 121.~ lotL
on the west side of Blaney adjointng the south side
of Regnart Channel. (Lots less than 75(0) Zoned R-l
Chairman Small read a report from the City Engineer in which it
was stated that the tentative map that h&â been submitted by Ditz-Crane
was map that had been approved two years [l.go permitting 7,000 sq, ft;.
lots in exchange for use of lan:l for the relocation of l1egnart Creeè-c.
The City is under cO!1tract to reimburse the owner for the cost of this
acquired right of way from the "off-1;x'act" storm drainage fees from
this development. The reèuction of lot sizes was permitted in order
to solve the severe storm dr9.inage problems in thi3 area, However, a
tentative map approval is only good for one year so it is now before
the Planning Commission again.
Mr. George Ditz, of Ditz-Crane, the owners and developers, sa:l.d
that although ther'e was a lot of' history to thif' property, he d,ici not
wish to go into it because it did not concern his cOr.Jpany. he sald
that they had come into this deal about a month ago. He él'"O t eel, hllnutes
of the Pl,:m::Üng Commission and also f:c'om the Minùtes o!~ a City Council
meeting on August 1, 1958 and Al.',gust 18, 1958, re'3pectively. In ei'fccc
that the PlannIng Commission had approved the tentative map and the
City Council had also apIJroved the tentative map. 'I'hat as a result
of these meetinßs, Ordlnance 61 was passed. He said that the property
was purchased by his company on the baui" of t:1e tentative map snowing
the R-l portion and the 7,000 lJq. ft. lots, él)id he felt thÐ.t they should
be allowed to go ahead on the map as it rœesently stands. He s::lid the
development proposed to be a crecli t to Cupertino. th,?y builü good
houses - the houses would be one and two story structures, ranging ln
price from $20,000 to $24.000.
riIr. Dl tz further stater;, that tl'!ey had lJ'aÖ: arrangeme!1ts with thG
owners of the unsold hou¡¡es in the Pacif lea tract to get th:" hOllfes ln
shape and sold before their model !¡(hlSeS ilre l'eady to open j:.1 8pproxi,·
mately four months. Tha I; the City had obligated i tE:elf Som'3t:!rn<~ ago
and they felt that f:;here .should be no diff:Lcul ty. ry,'hey did not com8
to argue, but wished to coope!'ate ir, eveJ'j way with the City of Cu.pe:c-
tino.
Commissioners Prolich and E.r.yder did not quite underscE..nd the
arrangements that had been mnde betw'=en the City and the origiml1.
developer as I:p.gar-:J.s the reimbursement of funds for the 'cost of :right
òf \~ay. !t was explaiD"'d by the City );;ne;ineer that at the time of
this arrangement, the Ci'~y l¡ari a ¡;eriOUf' flooðir;g p.t'oblem and they had
gone into a contr'act \'lith the De,¡elop-2,(' whereby he would decHcate to
the City certain easements that l';ould allow the c:i.ty to alle":tate
their storm drainage problems. In retl',rn the C1.ty e.llowecl th'~ developer
the same amount of' lots t"ct he would have hlld, had he not deÖcated
the easementa to the City, '1'his resul led in a tentative map which
showed 7,000 sq. ft. lots..
'l'he questlon of traffic wan brought up, that a left turn off of
Highway 9 on to PacifiaiJ., would be haza:::-douG. ,~Jef):lcles the fact that
Pacifj,ca was never a ft;.lly paved roccd and has in the pal1t two YC::l::"~
deteriorated conslder9.bly. The Ci t;r Engin'aer statr.d thilt he b<::I::,evcr1,
that Pacifica would be barricaded.
Chairman Small aSked theCi ty Cle:r'k if he had 8uòmi tted the tenta-
tive map with a check 11st to any of the agencies, ~~he C:í.'::y Cl<;:rk
said that he had and that cwo an::;wers had been ?,'eceiv,a:L Oi18 f','om
the Inementa~'y School Dì.r!triût and Olle [,mm the County He8-),!;h De~)t.
The School District Jetter in ei'fect, stated that theyfo:t'Eaw na diffi-
culties with this tract, that 1t would be se:'ved by the Eaton Schoo],.
'l'he County Health Deparcmentletter otated that there was a we},l sltu·,
ated on one of the lotl) ¡}nJ asked tl1e c.¡lAp.stion as to the use, if any,
that was to be made of the \'Iel1.
Commissioner Adamo asl<ed tht: deV"f::lop8~> :i_f tl-.;.ere was an;).' us?' planned
for the well in qtie;:;cjon. 11:::,. l)5i;>:; L':,Üd they would 32111 it off and
abandon it, that he did not tJ'"tr"k it W,"<H 3. goocl ~'J2,J.l anyway. He was
asked if San. Jose Wat(3r h2(~ appJ'~\¡~lÇ~l:~6 ¡11m :i.n rega:['(~:L1g to this well"
The answer was no.
Commissioner Adamo aske.d tic,'.' devc lc'peY' if this COID!111ssion eould be
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