PC 10-23-61
10321 SO. ,SARATOGA-SUNNYVALE ROAD
AL 2-4505
C ~ T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNL~
MINUTES OI<' THE REGUIAR MEETING 0;" THE FIANNING COI'1MISSION, October 23, 1961
PLACE:
TIME:
10321 So. Saratoga-Sunnyvale Road
8:00 P.M.
I SALUTE TO THE FLAG
II ROLL CALL: Commissioners Present: Ad~\mo, Frclich, LeonarC:;, F.v,mpy,
Snyder and Sm!'ill
Co~,tlBsioners Absent: Fitzgerald (attending League of
California Cities Conference)
Staff Present: Assistant City Engineer
The Chairman requested the record show that' COmIrdssÜme:I,'
Fitzgerald was attending the League of California Cities Conference
in San Francisco as a representative of the Cupertino Planning
Commission, and should not be considered an absentee.
MINUTES or' THE PREVIOUS MEETING: October y, 1961.
The minutes of the October 9th meeting were approved as
submitted.
III COMMUNICATIONS:
A. \vritten:
(1) County Planning Co~~ssion: Agenda for October 13, 1961.
(2) County Planning Commìssion: Summary of Actions, regular
meeting of October 4, 1961.
(3) County Plannj,ng Depart;r,ent: Subdivisions recorded in Santa
Clara County - September, 19ó1.
B. Verbal:
None
IV HEARING SCHEl)ULED:
A. WARD CRUMP: Application 42-2-61 to rezone 22 acre~ on the
west side of Bubb Road, north of Regnart, South of Vai Avenue, from
A-2:B-4 to R-l, property of K. Olœmura. Second Hearing.
George Somps represented the applicant. The map of the
property was posted.
The Chairman read a letter from the Cupertino Union SCh00l
District which stated that no school is planned for west of Buhb
Road or in the general area of the subject lands. However, the
letter stated that children would undoubtedly feed onto Bubb Road
to gain entrance to the Regnart K-6 School, located on the east
side of Bubb Road, and suggested that considel~tion be given to
adequate crossing for the pupils attending Regnart School.
Commissioner Leonard pointed out that a hazardous condition
exists in crossing the bridge. He said it would seem ref'.sonable
to require a foot bridge for those childl'en crossing the creek.
He stated that some arrangement might ùe worked out between the
developer and the school district for a foot bridge, and that i~
would be a comparatively inexpensive matter.
Mr. Somps stated that the creek comes through just south of the
property. He expressed the view that a requirement of this type
would properly come under the req1Ül'ements for a subdivision, not a
rezoning. He further stated tbßt he believed that the school district
should be responsible for providing means of access for the children.
,-1·,
Commissioner Leonard stated that the Commission has been
critJ.cized in connection wit;! the Ö.ccess to the Arch Wilson School
and it is not too early to consider thii:> u.stter. He stated that a
foot bridge is not a particularly expe~sive thing,
Mr. Somps stated that he did not know whether Mr. Crump is will-
ing to donate anything toward this p:,:'(,ject.
The Chairman aslced if tj--,,, matter üf the bridge could be worked
out at the time of the tentative map application.
Mr. Somps stated that Mr. Crump would have to make this decision.
Commissioner Snyder suggested that this problem be made part
of the record, and that it be resolved at the time the tentat~ve
map is presented.
The Chairman asked for protests or objections from the aud:'-~nce.
There were nonè.
Moved by Commissioner Leonard that the second hearing be closed.
Seconded by Comndssioner Rampy.
AYES:
Commissioners:
Adamo, Frolich, Leonard, Rampy, Snyder
and Small
None
Fi kgerald
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
In answer to a question by Cü,nmi5sioner Adamo, Mr. Somps stated
that no variances would be required for this development. He s~ated
that a preliminary map had been drawn on the propeJ"ty am' all lots
are of good size and there should be no problem building on the lots.
Commissioner Adamo asked about the power lines.
The neighborhood plan was posted. Mr. Somps said there is an
18' easement along the northerly line of the property, part of which
easement is for access to the poles,
The Chairman asked Mr. Perkins if their office has made any
study on a proposed read going to the foothills, parallelling the
base of the foothills. fill'. Perkins answered in the negative. He
stated this could have an effect on the property.
Mr. Somps stated that this too could be considered at the time
of application for tentative map approval.
Commissioner Snyder requested that the record show disc1.:ssion
of this road so that the City Council will be aware of it at the time
they consider the matter for rezoning.
Moved by Commissioner Snyder that the Ward Crump application t~
rezone 22 acres on the west side of' Bubb Road, north of' Regnart,
south Vai Avenue, from A-2:B-4 to R-l, be granted, subject to the
conditions listed as items 1 through 12 of Exhibit B. Seconded by
COmmissioner Adamo.
AYES:
Commissioners:
Adamo, Frolich, Leonard, Rampy, Snyder
and Small
None
Fi tzger:o,ld
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
B. The hearing on the application of Paul Mariani, Sr. and ~athilda
Sousa was deferred to a later time due to the fact that the applicant
had not arrived.
C. REVISED SUBDIVISION ORDIN~NCE: Hearing on revision of Sub-
division Ordinance No. 47. Continued.. Subcommitte2 report.
Commissioner Sn;yder stated that a study session had been held
at which time the amendments to the ordinance were considered. The
su.bcommittee recommended that the amendments as submitted by the City
Attorney be adopted and the subdivision ordinance be revised.
~
~(_.-'-'
He stated that Mr. AndersQn had i;;:v:lsed Section 7.5 after the
presentation by Mr. diLeonardo at the October gth meeting. Other
than that all other amendments were either engìneeringor legal
technicalities.
In answer to a question, Mr. Perkins stated that his office had
reviewed the proposed amendments and are in favo)" of them.
Commissioner Leonard stated that Mr, Anderson ]~d taken care
of the points raised by Mr. diLeonardo. He said the problem of land
being reserved for schools, parks, etc., had not created any problem
in Cupertino to date.
Moved by Commissioner Leonard that the Planning Conmdssion adopt
the findings of the subcommittee regarding revision of the subdivisi011
ordinance and recommend endorsement of the amendments proposed by the:
City Attorney, items 1 through íO. Seconded by Commissioner Snyd6r.
AYES:
Commissioners:
Adamo, Frolich, Leonard, Rampy, Snyder
and Small
None
Fitzgerald
6',0
NAYS: Commissioners:
ABSENT: Conmdssioners:
MOTION CARRIED:
D. ORDINANCE 89: Sign Ordinance; Rev:i"'~1 of regulations cr! sign
size, etc.
The Chairman stated that the Bu1lding l~partment and representa-
tives of various builders, etc., have a.n interest in the sign
ordinance, but are attending the )~ague conference in San Francisco
and unable to attend this meeting.
Moved by Commissioner Frol1ch that discussion on the Sign
Ordinance be continued. Seconded by Co~~ssioner Leonard.
AYES:
Commissioners:
Adamo, Frolich, I..eonard, Rampy, Rnyder
and Small
None
Fitzgerald
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
*
..
.~
..
{}
Commissioner Leonard brot;ght up item "A" listed under "}Jaw
Business". Discussion followed as tv the exact nature of the
matter, and Commissioner Frolich read from the minutes of the
October 16th Council meeting requesting a report from the Commission.
He stated action would have to be taken immediately in order to
get a report to the Council on November 6th.
*
*
~~
~.
*
V UNFINISHED BUSINESS:
A. ORDINANCE 002(h): . Amending Ordinance No. 002 which Ol~inance
incorporates Ordinance NS1200 of the County of Santa Clara by
l'epeal1ng "Professional Office District" classification and &'dding
the classification" Professional Administrative Zoning" (PO-H)
and further by adding the classification "Light Industrial Par'x:
Zoning" (Ml- PH). Continued. (Indust¡'ial Re.3pcns es).
The Chairman read letters from the Up,jolm Company and Parke
Davis. The letters were in response to letters sent various light
industrial plants asking their view on the proposed ordinance.
Commissioner Snyder aslced that one more member be appointed
to the subcommittee, in orè.er to expedite the stucly anå Tnake Co.
recommendation to the CO~Gi:.
Commissioner Leonard declined, stating that he would be away,
and that also he thú¡¡ght someO:le who does not have land involved in
industrial uses should serve on the committee.
E. J. Small was appointed to serve on the subcommittee. He
stated the committee should look forward to working with th3 City
Planner on the or'dir',?:'lce.
"'..
OOmrnlsB:i<:>ne,- Snyder Btat-ed that the Oommission should hav"
advice 'from the Planning Consultant, but that action on the
ordinance should not be held up.
Oommissioner Frolich asked the status of the ordinance now.
He aslced if a public t.earing was necessary.
The Chairman stated that the public is probably not aware
of what action has been taken on the ordinance, and his recommenda-
tion would be to hold one public hearing at the Planning Commission
level.
Moved by COmmissioner Frolich that the matter be scheduled
for public hearing on November 13, 1961. Seconded by Commissioner
Snyder.
AYES:
Commissioners:
Adamo, Frolich, Leonard, Rampy, Snyder
and Small
None
Fi tzgerald
6-0
NAYS: Commissioners:
ABSÈNT: Commissioners:
MOTION CARRIED:
Commissioner Adamo asked if this was the latest revision of
the ordinance that was sent to the various industries. Cormñssioner
Snyder answered that it was.
At this time the hearing on the Mariani application was held.
B. PAUL MARIANI, SR. & MATHILDA SOUSA: Application 41-2-61 to
rezone 1,314' x 337' at the southeast corner of Lucille & Highway 9
from A-2:B-4. R-3-H and R-l to C-l-H. Second Hearing Continued.
Paul Mariani, Jr., represented the applicant.
The Chairman stated that the Planning Consultant was
be working with the City and he asked Mr. Mariani if this
have any effect on the way he looked at th8 application.
Mariani stated that it did not.
soon to
would
Mr.
Mr. Mariani stated that he had talked at l&ngth tonight with
a representative of a large electronics firm, in an attempt to
interest the firm in locating in Cupertino. After discussion, the
firm's representative aslced about the zoning for that type of
industry.
Mr. Mariani briefly reviewed the action taken at the study
session, regarding the l2t acres on the easterly corner of Highway y
and Junipero Serra Freeway, He stated that at the request of the
Commission, the over-all picture was considered as to whether the
total area was logical for commercial zoning. Technically we can
only consider the l2t acres, he said. The zoning is only logical
for this portion, if zoning for the whole area is logical, He
stated that he brought in a top man on commercial developmen:; and
a consultant, Jack Cousins, who gave his sketch on what this ~reQ
could and probably should be. Mr. Cousins has indicated he would
be agreeable to working on a consulting basis to put the situation
together at first the Planning Commission level, and then wci,th the
City Council. He stated he would be inclined to go along with the lJlé,n
who puts these things together. He has a remarkable reèord of
successful regional centers, he said. Mr. Mariani stated further
that the l2t acres alone would be useless for commercial zoning.
The Chairman stated that he had taken a tour of the City and
after loolcing at the small neighborhood commercial developments,
he would be inclined to favor a regional shopping center. He
pointed out the various commercial developments along Stevens Creek
Boulevard and Highway 9.
Commissioner Frolich said that this ¡ratter had been discussed
before. It has been said before tr~t quite likely we will have
commercial to 500 feet, the entire length of Stevens Creek and
Highway 9 and on Wolfe Road when it is completed. He stated that the
FHA frowns on R-l and the City frowns on R-2 and R-3 along these
major thoroughfares. One argument for the regional commercial
shopping center is tr~t it will supposedly bring spending in and
,"4,
attendant sales ta.x dollars. He stated we should h¡avt':) ,a regional
shopping center in Cupertino, but the problem is to determine the
location.
The Cha:lrma.n stated that 1~ere were no large shopping centers
from Valley Fair to Palo Alto. He said he would hate to see the
area brolcen up into 400 or 500 foot depths to Homestead. He said
this would defeat the whole purpose. He said that this would result
in too many small businesses who will collide with each other. If
discount houses arrive as soon as small businesses, the only thing to
compete is something big.
Commissioner Leonard stated that one action by the Planning
Commission might be to send this to the Council indicating we feel
there are larger issues at stake.
The Chairman asked Mr. Mariani what would prevent him from
selling this p!'operty off, piece by piece, after the rezoning.
Mr. Mariani said he could best answer this by referring to the
record of land sales of his family over the past 50 years. He said
that the land would bring less by selling it piece by piec~.
Mr. ~1ariani said that the key to the l',"gional center is to
attract the large interest, then recover fr'om the land aroun:l it.
The Chairman said thatS,~,nyvale does not have a regional
shopping center as such. He mentioned Valley Fair and Stanford
Shopping Center and Town and Country in Palo Alto. He said the
matter to be determined is, does our regional shopping center belong
right there.
Commissioner Leonard stated that the sales volume at San Antonio
Shopping Center is large.
Commissioner Snyder said that With regard to the concern over
residential, he said he believed somethd,ng would be worked out.
Commissioner Frolich reiterated that the decision to be made is
the location desired for a regional shopping center.
Mr. Mariani stated that he had asked that his former application
be denied, awaiting conclusion of Planning Commission action. on
certain ordinances. He said he asked for a denial to get the
ordinances passed. He reiterated that 12 acres by itself is no good.
Commissioner Leonard asked if it would be in order not to
surrender jurisdiction and not to decide, on the present application,
but to send a request to the Council, to refer the previous applica-
tion back to the Planning Commission 1'\0 that the question of a logical
center for regional development can be discussed the the Planning
Consultant at his earliest convenience. He said this could be
taken up at the next meeting, now that we are in a position tc talk
to the Planning Consultant.
Moved by Commissioner Frolich that the Council be requested to
re·fer the previous Mariani application back to the Planning Commissio¡;
and that these applications be combined for discussion with the
Planning Consultant. Seconded by Commissioner Leonard.
AYES:
Commissioners:
Adamo, Frol.i,ch, Leon8.rd, Rampy, Snyder
and Small
None
Pi tzgerald
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
Moved by Commissioner Leonard that the hearing be continued to
the next regular meeting of th<; PlannJnq; Commission. Seconded by
Commissioner Snyder.
AYES:
Commissioners:
Adamo, Frolich, Leonard, Rampy, Snyder
and Small
None
Fitzgerald
6-0
NAYS; Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
s·5u
V UNFINISHED BUSINESS,
A. ORDINANCE 002(h) - See page 3
B. MISCELLANEOUS:
(1) The Chairman stated that he had been approached by the
applicant for a use permit for a service station at Blaney and
Bollinger. They request a study session be scheduled before the first
public hearing is held.
Commissioner Adamo stated that there is something in the miœltes
to the effect that a service station at this location would be pro-
hibited.
The Chairman stated that he had checked this matter and in a
previous application the owner stated that no service station would
be built at this location, but the applicant has since sold the
property and Standard Oil has an option on it, and they wish to
submit plans before the public hearing.
Commissioner Snyder recommended holding the public hearing first
and then go into a study session if necessary.
(2) The Chairman stated he had been contacted by City Title
asking for a study session on their application which has been tabled
by the Commission. They have prepared new plans and would like to
sit dOwn with the Commission before gOing to another public hearing.
(3) Commissioner Leonard stated that the same type of request
would be forthcoming from Mastin & Kingston and Mr. Excell regarding
their application which was denied by the Commission and the City
Council. They wish to have a study session to find out just what
the Planning COmmission will pass on for that area. He stat8d that
if they have anything to propose, it should be done at public hearing
and then go into a study session.
Commissioner Frolich suggested all three items be set for public
hearings before study sessions.
Moved by Cownissioner Leonard that the City Title application
be taken off the table and set for public hearing November 27, 1961.
Seconded by Commissioner Frolich.
AYES:
Commissioners:
Adamo, Frolich, Leonard, Rampy, Snyder and
Small
None
Fi tzgerald
6-0
NAYS: Commissioners:
ABSENT: Commissioners:
MOTION CARRIED:
VI NEW BUSINESS:
A. MacKay & Somps application before Council: Report re zoning
along first tier of houses from Rodrigues to Scofield.
The Chairman read the report dated Aptil 211" 1961, from the
City Manager to the Council, and a letter from Gazzera and Antionoli
the applicants, dated November 3, 1960.
A review of the minutes and the file indicated that the matter
was never concluded by the Planning Commission. No decision was made
at the Planning Commission level, and the 8,pplicants withdrew their
application.
Commissioner Frolich suggested, and the Commission concurred,
that the City Clerk be instructed to research the matter and prepare
a report to the Council.
B. MISCELLANEOUS:
None
-6-