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PC 10-09-61 " 10321 SO. SARATOGA-SUNNYVArE ROAD AL 2-4505 C I T Y OF' CUP E R T I NO CUPERTINO J CALIFORNIA MINUTES OIi' THE REGULAR MEETING OF THE PLANUING COMMISSION: October 9, 1961 PIA cE: TIME: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG * * * * * * * The City Clerk administered Certificate of Appointment and Oath of Office to Jerry l.'itzgerald. * * * * * * * II ROLL CALL: Co~nissioners Present: Adamo, Fitzgerald, Frolich, Leonard, 'Rampy, Snyder, Small Commissioners Absent: None Staff Present: City Manager, City Attorney, City Engineer, City Clerk III COMMUNICATIONS: A. \~ritten: (1) Santa Clara County Planning Department: Santa Clara Valley Plans, September 1961, No. 16. (2) f.'lacKay & Somps: Copy of Tract No. 309~, Triumph No.3, submitted for review. (3) County of Santa Clara: Summary of Actions, regular meeting of September 20. (4) County of Santa Clara: Agenda of October 4. (S) Tri-County Planning Council: Notice of dihner meeting October 20 at Swanson! s ~!estlalceBowl, Daly City; program is entitled Planned Communities, with a panel of Planning Directors from the Peninsula. Reservations must be made by October 16. (6) County Planning Commission: Copy of application of George Morris (Mosher Realty); use permit requested for rehabilitation sanitarium, north side of old Stevens Creek Roàd uithin Crescent Road. Moved by Commissioner Leonard that it would be in order to wri te the County Planning Commission that Cupertino Planning Commission knows a little about the application but inasmuch as we are concerned with upgrading the vicinity we appreciate receipt of the application and feel assured that the County will 'exercise their usual good judgment in their disposition of the application. Seconded by Commissioner Rampy. AYES: Commissioners: Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small None None '7-0 NAYS: Commissioners: ABSENn': Co~missioners: MOTION CARRIED: (7) State Department of Finance: Copy of California Plans, annual report 1960-61, tOl?ether with questionnaire on City planning (to be completed by staff). (8) City Manager: Memorandum that the City Council has re- quested that the Planning Commission review the Sign Ordinance either by, public hearings or worl: sessions. The Chairman asked the Building Official, Mr. Benevich, to attend the hearing on the sign ordinance. -1- CommissionG%' L",ona:r>d observed that G€orge Oalces, representing Rousseau, Hard Crump, Foster &. Kleiser and M. J. ICing have expressed viewpoints on the sign ordinance and have aslced for review of the regulations. He suggested that they be notified of the hearing and invited to attend. (g) County of Santa Clara: Copy of application of Dobler, listed as a preliminary subdivision map. The City Manager said that it appeared to be a sizeable piece of property and the City policy requires the property to annex to Cupertino in order to get service from the water department. Moved by Commissioner Leonard that the matter be referred to the City Manager. Seconded by Commissioner Adamo. AYES: Commissioners: Adamo, F1 tzgerald, I1rolich, Leonard, Rampy, Snyder, Small None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Verbal: The City Clerk reported that Mr. Wright from General Electric telephQned to say he has received his letter and copy of Ordinance No. 002(h). He will answer by October 23. IV HEARINGS SCHEDULED: A. tvARD CRUMP: Appl1ca tion 1~2-Z-6l to rezone 22 acres on the WE' C side of Bubb Road, north of Regnart, south of Vai Avenue, from A-2: B-4 to R-I, property K. Okamura. First Hearing. Don MacKay represented the applicant. He identified the property by relation to geographic pOints; the property is bounded on the sòuth by San Jose Water Works reservoir. Commissioner Leonard noted that the adjoining properties, especially the str~et pattern are the concern of the City and he asked Mr. MacKay if his firm was dOing a study of some of the adjoining property and if so, to present his views on a possible feeder road running roughly northwest to southeast, connecting Bubb Road and the road presently called Mountain View-Stevens Creek Road. running from Simla Junction to the dam. The neighborhood plan of the area was posted. Mr. MacKay outlined the subject property thereon indicating the road pattern shown. It seems that PG&E wants $1,000 a pole to relocate utility lines in the Vicinity. However, said Mr. MacKay, once the necessary zoning is established, he is sure the applicant can work out a plan that will meet City requirements. The Chairman called for objections from the audience. There were none. COmmissioner Leonard referred to the past variances which he said indicated that insufficient study had been given to the size and shape of the house with respect to the size of the lots. He asked whether ll1ard Crump intends to build houses which are well suited to the lots which he will present. Mr. MacKay answered in the affirmative, saying that they already know many of the engineering features such as ground slope. The building plans will be in the engineer's office prior to the preparation of their lot calculations and submission of their tentative map. He said that the lots could be made 8,000 square feet if it proved necessary, however the houses will fit the lots that are presented to the Planning COIlunission for approval. Commissioner Leonard referred to the information shown in a recent pamphlet distributed by Santa Clara County, entitled "Green- ways". The pamphlet described methods to transform utility easements into parle-like walkways, providing tree shaded paths, places to play, connectors to neighboring paries, etc., thus avoiding trash collecting weed patches. -2- Commissiòner Snyd~r agr~ed that h~ would 1ik~ to s~~ this scheme: apnlied to Cupertino. He 'said that it has worked very well in the City o~ Fremont in the east bay. Commissioner Leonard asked that the school district be alp.rted to thE! proposed sUbdivision to see if any problems ,of access may 'occu!'. Regnart K-b school, is situated on the east side of Bubb Road opposite the proposed sUbdivision, toward the SP RR tracks. The City Manager asked if the proposed development would be similar to the houses built by Ward Crllinp on Blaney. Mr. Mac~~y answered in the a~firmative saying that they would be on the same order, possibly somewhat larger. Commissioner Snyder said it would be embarrassing to have a situation similar to that of Arch Wilson School, where~n the proper access is not available. He said he would like to see, in writing, that the school district has beeD notified of the sub- division and also have a record of their position on the matter. He also inquired whether the applicant would get a cODY of the check list by the next meeting inasmuch as the City Council has recently voted to install this system. ' The City Manager answered in the affirmative, assuming that sufficient copies of the list are run off by that time. Moved by Commissioner Leonard that the,fìrst hearing be closed. Seconded by Commissioner Rampy. AYES: Commissioners: Adamo, Fitzgerald, Frolich. Leonard, Rampy, Snyder, Small None NOne '(-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. J. A. MOREING: Application ll-U~6l for Use Permit for a Standard Oil service station, northwest corner of Blaney and Bollinger. First Hearing. The applicant has submitted a letter asking that the hearing be rescheduled for November 13. Moved by Commissioner Leonard that the hearing be continued to said date. Seconded by Commissioner Adamo. AYES: Commissioners: ,Adamo, Fitzgerald, Frolich, Leonard, Rampy, Snyder, Small ' None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: D. RF,vISED SUBDIVISION ORDINA.NCE: Hearing on revision of Sub- division Ordinance No. 47. Continued. ' (Items C and D on the agenda reversed in deference to the presence of Mr. diLeonardo.) Mr. diLeonardo represented the Santa Clara County Contr~ctors and Homebuilders Association with regard to the proposed subdivision ordinance. He sàid that the position of his clients are not by any means adverse to the legislative body. The ordinance is of prime importance he said, inasmuch as it sets the rules of the game so to spealc. Most sübdividerss contràcto!'s, and builders have an interest i~entical to the interest of the City, specifically they want to develop residential distr~cwwhich are attractive and a credit to both the owners and the City at large. Their product must have sales appeal or no profit. Therefore, an attractive subdivision is the goal of the contractors and builders as well as the object of the City officials. With reference to the present ,ordinance he appraisE!d it as a good piece of work, saying at the same time it is difficult to provide an ordinance which meets every contingency. e,?". He referred especially to Section 7.5, on page 13, which re- quired areas of 2 or less acres bounded on 2 or more sides by the subdivision to have full street improvements installed. Mr. diLeonardo said there may be an inequlty here in that a fair share of improvement burden might not be placed on the ad- joining property owner. The developer might not be able to acquire the adjoining property, in order to comply with the section and he could foresee circumstances in which full street improvements might meet an almost insuperable obstacle. Section 13.4 on page 16 concerns land for public use. Where a proposed park, school, or other public use shown on the master plan is located in whole or in part within a subdivision, the developer shall reserve adequate space for such purpose in such area within the subdivision, to be acquired by the ptlblic agency when the City Council, upon recommendation of the advisory agency, feels the requirement to be reasonably necessary to the public convenience, health, safety or welfare. Mr. diLeonardo said this séction would present much the same difficulty as that of a plan line. As an example, he used the situation wherein school boards have acquired much property which they have sold at some later date without using It for a school site. This is inevitable he said, in that projectlons and assump- tions have to be made and they do not always hold up. When such a public development does not come to pass it puts the O~TIer of the property in a difficult position if, as the section indicates, the property must be reserved indefinitely. Mr. diLeonardo proposed that in the event a developer owns a piece .of property on which some public facility is proposed, that the proper public agency purchasr the site immediately so that the owner or developer can proceed wi.. , the remainder of the property. He said that it would put the owner or potential builder in a dj,fficult, if not impossible, situation if he was continually faced with this "reserved" piece of property, not Imowing when the public agency was gOing to acquire or develop it. He agreed that public jurisdictions may and will be required to reserve sites for schools, parks, etc. However, he said that with the power of eminent domain the practice of reserving the 8i tes indefinitely worlcs a hardship on owners and builders, so much so that they would be discouraged from development. Therefore, he suggested that a time limit for the acquisition of such properties. Therefore, the public agency should Þµy it up or condemn it. He added there is a grave risk of serious financial loss in buying a piece of property only to find that certain lands are reserved for some future date. It would be a rare developer who would proceed if he bought a piece of property contingent on no land reservations The Chairman referred to a letter from Henry D. Gilbert, chair- man of the Subdivision Ordinance Committee A.C.E.L.S.C.C. The letter made 13 suggestions for changes in the proposed ordinance. The City Attorney said that he has prepared a resolution answer- ing Gilbert's letter and that he will submit this resolution to the Planning Commission and sub-committee. Commissioner Leonard suggested that the ordinance be referred to a work session and then back to the regular agenda after receiving the recommendation of the sub-committee. The Chairman apPointed a sub-committee as follows: Commissioners Fitzgerald, Adamo and Small with Commissioner Snyder as chairman. Moved by Commissioner Leonard that the subdivision ordinance be continued to the next regular meeting, October 23, with the sub- committee report on the ordinance as originally presented and taking into consideration the letter from the civil engineering association and the verbal presentation of Mr. diLeonardo, together with the resolution to be presented by the City Attorney. Seconded by Commissioner Fitzgerald. AYES: Commissioners: Adamo, Fitzgerald, Froli,ch, Leonard, Rampy, Snyder and Small None None 7-0 ,I~ ,_ NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Commissioner Leonard said he would attend and act as liaison to the City Attorney. C. PAUL MARIANI, SR. & MATHILDA SOUSA: Application 41-Z-6l to rezone 1,314' x 337' at the southeast corner of Lucille & Highway 9 from A-2:B-L~, R-3-H and R-l to C-I-H. Second I-rearing Continued. Paul Mariani, Jr., referred to management-consultant or expert situations and stated that consultants do not make decisions for the management group. He recalled that his other applications have been presented to much the same commission with the exception of two new members. The Junipero Serra Freeway makes commercial zoning logical at this location. He emphasized that the o~~ers are not requesting a change of zoning on that portion to be taken by the State. (Legal description submitted with application covers entire property) The desirability of a more restrictive ordinance in the commercial category has already been discussed, he said, and the owners are amenable to any more restrictive commercial zoning ordinance adopted within the next 12 months. He said he felt that former objections have been pretty well met, Mr. Black of the Division of Highways has indicated that design has been fairly well crystalized for a diamond type interchange. Saying that it is extremely important to have an interchange of adequate capacity, he contended that the points of co~mercial zoning could persuade the Division of Highways that a cloverleaf would be necessary to accommodate the additional traffic generated by a commercial district. He noted that hiring of a City consultant seems to have been delayed and referred to the fact that he has engaged the Riches Research company from Palo Alto to do a study of the area. Their study supported a commercial zone for some 400 acres embracing the area now on the agenda, as well as his tabled applications. ~r. Mariani said that the cr~ter~a which reopened the question (of the interchange) was a presentation identical to that of Riches Research. Let it not happen too late for the design department of the State Highways. He said he could not em~.asize enough the importance of what the la¡1d plan will be and the attendant traffic pattern and fl01l., He predicted that this ..¡ould be the busiest interchange in the City. He said that his second main point was not as strong, but concerned the nature of the development he has in m:Lnd. He said he could not reveal further details except to say that it would be good for the City as well as fo!' the land owners. He has been told by this party to see them when the property is zoned; otherwise they are not interested. He concluded by saying that the cloverleaf at Highway 9 and Junipero Ser!'a Freeway is a "dead duck" unless the City declares its intention for the neighboring prope~ties. The Chairman reviewed the application with the measurement asking specifically if the application is supposed to include property inside the freeway interchange. He referred to the neighborhood plan to indicate which property will be taken by the Division of Highways. He emphasized the fact that the City ~ight be faced with a rezoning request for property which would shortly be bought by the State. He asked if the City could consider only that property which would remain outside of the freeway line. The City Engineer stated that the neighborhood plan being used by the Chairman was dravm on the basis of a cloverleaf interchange. This was the design planned at the time although it has since been changed to a diamond. Mr. Fleming said he did not know how the Commission could act on a rezoning except for a specific piece of property with a legal description for the same. The exact property remaining will not be known until some time in the future. He added that the question might be referred to Mr. Anderson (vlho left shortly after 9:00 P.~L) _t;_ Mr. }~riani said that the State will not change its design plans until or unless the City changes its land plans and the City will not change its land use until it knows the exact location of the freel'¡a,r structure. He called ita pamdox.' He emphasized that his application is "not a gimmiclc to stick the State". COmmissioner Leonard said he is perfectly 1'¡illing to work along with the stated intention to act on the property left after the free- way is built, that Mr. Mariani's statement of intent is satisfactory to him. Commissioner Adamo as!œd whether the service or frontage roads are part of the freeway right-of-way. The City Attorney answered that they are and that a fairly detailed plan that he has seen shows a diamond type interchange with a frontage road along Lucille Avenue, referring to a plan intended by the City Council at the time of the Yamaoka application. He said that if Lucille Avenue tUl~S south, it may eliminate a portion of the frontage road. Now that the ownership has changeã, the street plan may change with it. Mr. }mriani said that he has considered three methods of buffering - masonry wall, adequate landscaping screens, and step down zoning. He prefers a masonry wall or a landscaping method. The Chairman said that he is not so sure that apartment houses are the answer to bUffering between commercial and residential, and he is not so sure that a concrete wall is the answer. It is some- thing that the City will have to work out. Commissioner Leonard said there is an understandable preferer for "cash register" buffering such as apartment houses. The Chairman stated that the property before them may be reduced to a small section after the freeway and bufferi.ng go in. Mr. Mariani sai.d that this application is intended as part of a regional development which will partly resolve the buffering factor. Co~~ssioner Leonard reviewed the fact that the applicant maintains this is a good location for C-I-H, also that Riches Research report said that property adjoi.ning the freeway could very well be a commercial center, especially in view of' the dj,stance from the commercial centers of Sunnyvale and San Jose. A lot of road influence is brought to bear on this location and adjoining property, as well as in three or four other sections of the City. He referred to the four-corners and two or three other locations in the City which will abut heavy freeway concentration,ìnterchangp~, frontage roads, etc. He turned again to the problem of settling once and for all the commercial center of Cupertino. If the cOmmiSSiOfl is trying to do this we should be talking about all of the r~riani applications. The Corrmdssion, he said, has to arrive at a long range decision as to what we want for the center of i;CTWU, not fool around with a couple hundred feet here or there. At the beginning of his discussion, Commissioner Leonard noted that the applicant has chosen his words very carefully in saying that this is ~ commercial location. Mr. Mariani said that he meant to say that this is the commer- cial area because of the intersection of Junipero Serra Freeway, Highway 9 and the strategic distance from other commercial shopping centers, combined with the geographic center of population. No other area mentioned would have the concentration of apartments necessary to feed a large commercial center. He again listed the three factors in the Riches Research report - access, density in popula- tion, and geographical location. Tonight he is requesting zoning on the one piece of property only. The City Manager said that he does not thinlc the Planning Commission can zone systematically to one certain depth from the highway. This does not seem to him to be realistic in view of the differing property depths as regards ownership, existing land uses, plus the differing needs that will be presented by applicants. -c.- . Commissioner Snyder said that ;the-problem here is to determine where the central business district is to be located so that the Commission is not led into zoning 10 acres, here and 10 acres there. This is something that cannot be achieved over night and Commissioner Snyder feels there is insufficient date. available to ,the Planning Commission at the present tim8 to formulate the answer. The Riches report cannot be the only report that the Planning Commission will consider. Mr. Ma:::-iani asked what else the property could beL used for, ex-cept for C-l. CommiSsioner Snyder said he fails to see how d-eläýing the application can deter construction of the clover-leaf. " Mr. riJariani answered by ,saying' that there is just so mu.ch money available for highway construction throughout the state of California and that attendance a.t highway meetings wi,ll quiclrly indicate that there is far from sufficient funds to meet the requests and de!!IB,nds submitted to the Division of Highways. The!'efore, he said the community w~ch docs not blow its horn is not heard. When maps were rece¡'ltly shown to the Division of' Hi,gh'~ays, it marked the fi rst time that the design office was aware of the potential land use in theC~þertino vicinity. The Chårman asked the City :Engineer if there has been a change in the proposed street pattern shown on the neighborhood plan. 'fhe City Engineer answered in the negative, although aclmowledging that the existing street pattern was formulated at the time of the Yamaoka application. No tentative map was presented with:the present applica- tion. In answer to a qllestion, Mr. Mariani said he did not wish to split the subject property \lith streets. Commissioner Leonard again referred to a formula or criteria taking into consider'at,ion tÜI:: potential regional shopping area within tpe City limits and the examination of each with referehce thereto. A quiclc estimate woulrl mark one or more of the four corners as the , center of town he said, but the Planning Commission might well study all sites with particular reference to l~~es of traffic. Counting the lanes of traffic within a certain distance of such potential centers, crediting the interchanges and frontage roads with certain factors to see if an order of magnitude can be derived might enable the Comrrdssion to see where the center of town should be. This migi:1t take some time, but if the Commission could estalbish significant criteria the proper 80 acres or so might be marked as the central commercial center. On t.he other hand, he said 300 or 400 ~cres might be way out of proportion. Mr. Mariani said that the 400 acres ShOi'ffi in the Riches report becomes about 269 with" the streets and ,other public property deducted. Of this about 80 aCl'es are intended for retail use. The City Engineer said that the Junipero Serra Freeway ~ill be 6 lanes initially with 2 more lanes added.in the future; Commissioner Frolich proposed that a. professional planning analysis Þe made for the City in order to compaiE'è it with the Riches report. He said he would like to see the City planner enter the discussion of this problem. He also asked whether cormnercial or industrial should be located near the concentration of traffic. Mr. Mqriani stated that the proposal is not sound for the owner if it is not sound for the City. One month ago Jess Black of the Division of Highways was not sure whether 2 months extension could be allowed to provide for the traffic figures relative to a cloverleaf. Commissioner Leonard said that if the Planning Commission into a study and analysis, providing a factual report complete figures, it might carry weight with the Division of Highways. said the Commission must go at the problemo.bjectively. IQoved by Commissioner Frolich that the application be referred te a study session October 10 at 8:00 P.M. Seconded by Commissioner Snyder. went with He ..,."J,.... I'! , AYES:, COmmissioners: ' NAYS:, COmmisSioners: 'ABSENT: Commissioners: MOTION CARRIED: 'v UNFINISHED BUSINESS: I,. Adamo', Fitzgerald, Prolich, Leonard, Rampy, Snyder, Small None None 7-0 A, ORDINANCE 002(h): Amending Ordinance No. 002 which ordicance incorporate,s Ordinance NS l200 of the County Of 3,anta Clara by repealing I. Professional Office District" classificati'On and adding the classification "Professional Administrative Zoning" (PO-H) and f\¡rther by addihg t.heclassification "Light Industrial Park Zoning" (Ml-PH). Continued. " The Chairman announced that the subcommittee has written eight light indus'trial plants asking for comments on Ordinance 002(h), These were mailed October 2; no answers have been received as yet. Commissioner Leonard stated that the subcommittee should examine the eight answers before the hearing,. " Moved by Commissioner ,F'rolich that the ,heaving be continued to October 23. Seconded by COmmi,ssioner,Fitzgerald. AYES: Commi s si one rs : NAYS:CoIl1l'nissioners: " ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitzgerald, Frolich, Leonard, , Rampy, Snyder,,' Small None None 7-0 B. PLANNING COMMISSION RESOLUTION 65. A Resolution of Intentio,_ by the Planning Commission of the City of Cupertino Initiat:i,ng Pro- ceedings to Rezone A Certain Portion of the City from M-l-H District to R-3-H and R-l:B-2 District. The Chairman, said that the owners adjoining the Chuck property in question have expressed a preference ,for M-l zoning.' Commissioner Leonard said that discussions with reàltors specializing in this field have developed the point that it is difficult for realtors to work without ha~~ng an appropriate ordinance in ,effect and some land properly zoned. That is, light industries are not' m'-"ch inclined to enter public hearings in order to secUre a site. They look for land which is, already zoned and the City which has the ordina.nce structure ¿lready in shape. He said that the o.mer did his best to get Vega Electronics on the site and, the enterprise failed through no fault of his. The!'efore he reasoned it would be inappropriate to hold a hasty rezOning of the property, Chuck may wish to take part in an industrial'parlc con- sid?ration involving 50 or more acres. The owner, reasOned Commissioner Leonard, has not had, a reasonable length of time in which to locate and install an industry on the site, espectially in view of the, fact that such industry will be the first to settle in the City of Cupertino. ,He added that he does not think that the owner will have much luck attracting a light industry before the arrival of the City Flanner. He maintained it would be reasonable to wait another year or two. before taking the action indicated in Plar:ming Commission Resolution 65, although he said it is good to ,have the res.olution prepared and on file. ' Moved by Commissioner Adamo that Planning Commission Resolution 65 þe tabled, Seconded by Commissioner Rampy. A YES: Commi ssioners: NAYS: Commissioners: ABSENT: Cotnmis,sioners: MOTION CARRIED: C. MISCELLANEOUS, None Adamo, Fitzgerald, 'Frolich, Leonard, Rampy, Snyder, Small None None 7-0 -8,-