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PC 07-24-61 P. O. BOX 597 AL-2-4505 C I T Y 0 Feu PER TIN 0 CUPERTINO. CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION--July 24, 1961 Place: Time: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG I ROLL CALL: Commissioners Present: Adamo, Bagar. Frolich, Rampy, Snyder and Small Commissioners Absent: Leonard Staff Present: Asst. to City Engineer, City Clerk, City Manager (10:00) MINUTES OF THE PREVIOUS MEETINGS: - July 7 and 10, 1961 The minutes of the previous meetings, July 7 and 10, 1961 were approved as submitted. III COMMUNICATIONS: A. Written: (1) McKay and Somps: Copy of Tract 2953, Triumph Unit No.2. (2) League of California Cities: Legislative Review. Commissioner Snyder noted that the Brown Act has been amended by AB 663, Ch. 115. (3) ASPO: Newsletter of July 1961. (4) ASPO: Index Volume 26. (S) County Planning Commission: Copy of application of Axel E. Nielson for change in zone from R-l:B-2 to R-24, south side of Permanente Road between Brado Vista and Loclcwood. Public hearing scheduled for July 19. 1961. George Perkins reported that the Nielson application has been presented to the Cupertino Sanitary Board for sewer service and the application was denied by that agency. (6) County Planning Department: Subdivisions recorded in Santa Clara County, June, 1961 (7) County Planning Commission: Agenda of July 19, 1961. (8) County Planning Commission: Summary of actions, regular meeting of July 5, 1961. (9) State Department of Finance, Office of Planning: Planning references, Nos. l~ and 15. Moved by Commissioner Snyder that the communications be received and filed. Seconded by Commissioner Rampy. AYES: Commissioners: Adamo, Eagar, Frolich, Rampy. Snyder and Small None Leonard 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Verbal - None. IV HEARINGS SCHEDULED: A. Louis Stocklmeir: Application to rezone 9,000 sq. ft., more or less, from R-l:B-2 to C-l-H; property situated along Stevens Creek Road near Scenic Boulevard and Crescent Road. Second hearing. -1- The Chairman reviewed the application 1ncluding the Planning Commissioners' trip to the site. He reported that the property is situated on a severe grade and subject to much noise and heavy traffic. Louis Stocklmeir, Jr., represented the applicant. He said he knew of no objections to the application. No objections were made from the audience. Moved by Commissioner Snyder that: WHEREAS, the terrain in this vicinity has governed the road pattern thereby making effective use o~ several parcels fairly dif~icult; and WHEREAS, tÞis area has developed over many years a mixed character involving many uses, some of which are commercial; and WHEREAS, Stevens Creek Boulevard generates considerable traffic noise, because o~ grade, elimination of which seems un111cely; and WHEREAS, this property came into the City by annexation handled by the Council, and it appears that they raised no particular objections to the eventual use envisloned by the applicant; and WHEREAS, several members of this Commission have inspected subject property with the thought in mind of exploring all uses which might be successful and harmonious in the commun- ity giving due regard to a Small size, b Triangular shape, c Difficulty of developing safe access, d Commanding view of valley floor, e Noise level. f Existing R-l dwelling on the parcel, g Road pattern witllin a considerable radius. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend this rezoning to C-l-H, subject to these conditions: (1-12) (13) (14 ) (15) See Schedule B. That no permits be issued until the single-family dwelling is removed, or suitably bonded. That no permits be issued until the floor plans and elevations are submitted to the H Control COmmittee, and approved by them. This Commission believes the ~lans should provide clearly for: (a) Off-street parking on one or more levels below the structure, ('CD) Better than average sound proofing, () Entry from the secondary street by one or more adequate entry-ways, (d) Better than average development of the view potential ~or the business areas. That no permits be issued until applicant has given reasonable detail on uses consistent with the plans. This Commission believes these uses should: (a) Require little or no foot traffic, (b) (Require) Lower than average density of auto traffic. Seconded by Commissioner Frolich AYES: Commissioners: Adamo, Bagar, Frolich, Rampy, Snyder and Small None Leonard 6-0 NAYS: COmmissioners: ABSENT: Commissioners: MOTION CARRIED: -2- B. City Title Insurance Co.: Application to rezone 7.6 acres from R-l to R-3-H; 400' west of Miller on Calabazas Creelc, 745' south of Stevens Creek Boulevard. Tentative Map in addition. Second Hearing. The Chairman reviewed the fact that this land has already been rezoned on an application by Benson Construction Company for R-l from R-l:B-2. The tentative map approval given to Benson Construc- tion Company has been revoked by the Planning Commission and declared null and void. Renee Helou represented City Title Insurance Company. The tentative map was posted, together with the approved tentative map of Rousseau which adjoins the City Title property being on the west side of Calabazas Creek. Mr. Perkins outlined the fact that a small parcel of property adjoining the eXisting portion of Craft Drive must be acquired by the applicant and improved and dedicated in order to align Craft Drive within the City Title property with the existing street section. Mr. Helou agreed that his company would accomplish this street alignment. He said that vacant property, as now exists, is a detriment to the neighborhood and the subdivision \'lhich they pro- pose would be a credit to th~ community and an advantage to the City. The builder-to-be is Franlc Dato. who builds good homes and apartments, according to Mr. Helou. He expressed a willingness to abide by allccntrols of the City in constructinG buildings which fit the lots. Architectural and site control will be Observed as imposed by the City committee. There are 21 lots on the sub- division map. In justifying the reason for R-3-H, he explained that the economics of the real estate transaction indicate the proper land usage to be apartment houses. Mr. Perkins asked whether Dato would complete street improve- ments as in a normal subdivision or whether he would use some assessment district proceeding. Mr. Helou answered that it would be constructed as a standard subdivision according to ordinance. Mr. Perkins also asked if there would be any contingency on the recordation. Mr. Helou answered in the negative. saying that all liens have been cleared. The Chairman stated that the vacancy factor is high for apart- ments in this part of the county and that the quality factor is not correspondingly high. He reported that 232 acres are preser.tly zoned for multiple. counting some pending applications. He def'ined this amount as 8% of the total City. Deducting 44 acres presently tabled, there remain 188 acres of R-3-H. He referred to the fact that a neighboring city has had to put a freeze on multiples. Cupertino, he said, is not interested in low-rent multiples. Mr. Helou responded that Dato, the builder, is not interested in construction of the low-rent variety. In saying that Cupertino is destined to become a balanced City. Mr. Small observed that the pl~blem consists in striking a happy balance between commercial, industrial, agricultural and various types of residential. The Chairman asked the applicant to expand further on what indication or guarantees the City will have that the apartments will be a credit especially in view of their location near one entrance to the City and their proximity to Cupertino High School. Mr. Helou reaffirmed the fact that the apartments would be quality construction. Commissioner Frolich asked whether the Calabazas Creek re- allignment had been accomplished through dedication to Flood Control within the property, also whether the applicant is pre- pared to install a bridge across the creek as a part of Wolfe Road. -3- The applicant answered in the affirmative to both questions, adding that City Title will abide by the commitments of the Benson Construction Company relative to the bridge. The necessary dedication has already been made to Flood Control according to the applicant. He promised to construct the best multiple housing district in the area. In response to a question by Commissioner Adamo, Commissioner Frolich said he was spe~{ing of a vehicular bridge. rather than a pedestrian path. Thomas Burrascano, 10412 Glenview Avenue, aslçed the dimensions of Lot 8. The dimensions of this triangular lot were furnished by Mr. Perkins. Discussion arose about the cross section of a 90-foot Wolfe Road. Apparently such a right-of-way would include sidewallcs. Commissioner Frolich inquired as to the eco~or~c feasibility of making the lots near and abutting Wolfe Road R··3 and the rest of the property R-l. Mr. Helou conceded that this might be possitle, although he preferred the application as made by City Title. Moved by Commissioner Rampy that the hearing be closed. Seconded by Commissioner Adamo. AYES: Commissioners: Adamo, Eagar, Frolich, I!ampy, Snyder and Small N'one Leonard 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION' CARRIED: Moved by COmmissioner Snyder that: WHEREAS, the subject parcel has land which frcnts on a 90-foot streetj NOW. THEREFORE. BE IT RESOLVED that the Planniog Commission recommend rezoning of Lots,6, 7, 8, 9, and 10 as indicated on the tentative map, drawing No. X-5, received Jun! 28, 1961 to ,R-3-H. and the remaining lots to remain R-lj the lots rezoned to R-3-H to be subject to: (1-12) (13) (14) Exhibit B, That Wolfe Road. Calabazas Creek Bridge and Calabazas Creek realignment be carriEd out per previous agreement between City cf Cupertino and Benson Construction Corrþany, That the street improvements and dedications on Craft Drive be worked out with thE adjoin- ing tract and City. Seconded by Commissioner Frolich. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Bagar, Frolich, Snyjer and Small Rampy Leonard 5-1 C. Ripley Homes: Application to rezone 2 acres from R-l:B-2 to R-l; west side of Blaney between Mariani and Forest Avenue. ad- joining Triumph No. 2 Subdivision. First hearing. Tentative Map: lO lots, 7,500 sq. ft. The Chairman read the recommendation of the City Engineer. The letter stated that the street pattern of the tentative map called Tract No.3, conforras to that as shol~ on neighborhood plan No.7. with the exception of the portion of Plumtree Lane northerly of the proposed Triumph No. 3 which does not include a reverse curve as shown on the neighborhood plan. Also the lot depths of 96' and 100' do not confo~ to the record map of Tract 2953 to the south. The letter also calls attention to the City Engineer's report filed April l7, 1961, concerning the storm drain- age situation. George Somps represented the applicant, saying he intended to submit another tentative map covering propert~r on the north side of the 10 lots presently before the Plannìng Commission. -4- The zoning application had not been made, however. and the tenta- tive map could not be placed on the agenda for the use for which it is not zoned. The rezoning application and tentative map for some 40 lots to the north will be filed in time for the next meeting. George Perkins from. the City Engineer's office, said that the lot dimensions as mentioned in his recommendation have been changed by McKay and Somps. the applicant's engineer. The lots shown as 96' have been re-marked 97.4', and the lots shown as 100' have been made 102.75'. The storm drain facilities on Blaney are far from complete. Triumph No. 2 has been allowed to connect to the Baywood, storm drain lines. The permanent storm drain line as shown in the master plan will not be complete along Blaney to Homestead for an indefinite period of time. The Chairman asked r~. Perkins whether the 10 lots would load the storm drain line. Mr. Pe~cins answered in the affirmative, qualifying the answer by saying that it could be considered a calculated risk involving the question whether the Blæ1ey storm drain line would be completed before a storm hit the area. Mr. Perkins went on to explain the present storm drain situa- tion in detail with reference to possibilities of a severe storm. Mr. Somps said that the gutters in the streets on the east side of Blaney are graded toward Homestead Road, enabling them to carry water in excess of the storm drain capacity. The Chairman asked Mr. Pe~clns about the sanitary sewer situa- tion. Mr. Perkins said that sewers are available. In outlining the stonn drain master plan, Mr. Perkins pointed out that it will be a relatively costly project which will be dependent to a certain extent on the storm drain line known as Sunnyvale East Creek, expected to be a 72 inch line. This line is not yet complete either. No comments or objections were made from the audience. Moved by Commissioner Snyder that the first hearing be closed. Seconded by Commissioner Eagar. AYES: Commissioners: Adamo, Bagar, Frolich, Rampy, Snyder and Small None Leonard 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: D. for and Church of Christ, Blaney a church on the west side Mariani. Avenue: Application for Use Permit of Blaney, 2;t acres, between Lucille J. Howart represented the applicant. He stated that the necessary City dedications and improvements and all fees are expected by the applicant and will be made to the City. Land- scaping will be handled at the time of construction. After routine questions, the Chairman called for comments from the audience. There were none. Moved by Commissioner Snyder that the Use Permit for a church of Christ, Blaney Avenue, west side between Lucille and Mariani be granted. subject to Exhibit B, items 1-12, and 13, all architectural plans be reviewed and approved by the H Control Commi ttee. Seco:1ded by Commissiore r Rampy. AYES: Commissioners: Adamo, Bagar, Frolich, Rampy, Snyder and Small None Leonard 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: -5-- E. Mountain View Union Academy: Application for Use Permit for parochial high school; 21.5 acres west side of Mountain View- Stevens Creek Road south side of Monta Vista School. Harold W. Tamka represented the applicant. He displayed a rendering showing contemplated location of buildings and the pro- posed access. The immediate access is expected to be Alcalde Road with the street known as Voss Lane to be improved by the opening of school for use at the north end of the property. A street aligned with Lockwood Drive would connect to the extension of Voss Lane and enter the middle of the property. Neither street is fully improved at the present time. However, Mr. Tamka said that the school has a working agreement to build a street on the north side of the property to full specifications. The school site is back 1,500 feet from the main road. In response to a question, Mr. Perkins said drain fees are imposed for the entire property. would be 21.5 acres. He said that the applicant to the City Council. that the storm In this case, it could appeal this The representative estimated that 200 students would occupy the school in the beginning, with enrollment of 400 eventually. The number of schools situated within the City limits was mentioned. A letter from Mrs. Anthony Voss, Secretary to the Stevens Creek Quarry was read. The letter stated that Mountain View- Stevens Creek Road is the only ingress and egress for trucks from Stevens Creek Quarry which is expected to operate for years to come. The letter went on to say "with this fact known, there should be little crabbing about the trucks at any later date". George Voss, owner of the property adjacent to the application asked about the ingress and egress. The present condition of Alcalde and Voss Lane was discussed further. The students will be daily commuters to the school by bus and by auto. The applicant stated that there is a working agreement with the owner to the east to improve the access roads and the agreement to purchase is contingent on such access. The Chairman said that he has studied a similar parochial school in Burlingame and found that the traffic accumulated at certain peak periods around 3:00 P.M. and 9:00 A.M. and does not appear to generate traffic in a manner so as to disrupt ordinary movement. Mr. Tamka said that the streets would be made one-way as indicated after the opening of school. In answer to a question, Mr. Perkins stated that school occupancy would not in any way approximate the usage of the sewer system such as would occur in a residential tract. He also pointed out that the peak hours, which is a very important factor, llOuld differ from the peak hours in the case of residential uses. The City Manager stated that the applicant would be required to pay storm drainage fees for 21.5 acres. Moved by Commissioner Snyder that the Use Permit be granted for the parochial high school known as Mountain View Union Academy on 21.S acres, west side of Mountain View-Stevens Creek Road, south side of Monta Vista School, (Use Permit No. 10) subject to: (1-12) (13) (14 ) Exhibit B Review of site plans and elevations by the H Control Comm.t t tee, Proper provision be made for dedication and improve- ment of Voss Lane and Lockwood Drive prior to the development of the property and the issuance of permits. Standard storm drain fees must be paid. ( IS) Seconded by Commissioner Adamo. -6- AYES: Commissioners: Adamo, Eagar, Frolich, Rampy, Snyder and Small None Leonard 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: F. Herbert Ketell, Inc.: Application for Variance to Ordinance 160 to allow side yards less than 20%, west side of Highway 9, 810' north of Stevens Creek Boulevard. Donald Barr explained that the applicant does not intend to reduce the amount of open space Jut merely to redistribute it. The Chairman said that this is a variance for practically all lots in the subdivision. Mr. Barr agreed, saying that the front and rear setback re- quirements of Ordinance 160 applied a flat figure, whereas the side-yard setback is a percentage. He suggested that this may be unwieldy in applying it to a wide lot such as the ones in his subdivision. The Chairman inquired as to whether 18 feet between buildings of more than one story is sufficient. Mr. Barr seemed to think that this distance would allow the necessary light and ventilation. He showed color prints of the apartments. Herbert Ketell addressed the Planning Commission and stated that Cupertino side-yard setbacks are greater than any city on the peninsula, and furthermore, that the space between the buildings, i.e., the side-yards, is wasted area, that it will simply accumulate weeds. He said it would be much better to provide the space in the center of the building where it would serve as land- scaping to be used for lawns, flowers and a pool. Nothing can be done with this side-yard setback, he said, other than fence it to keep it from view. He also said that he could not secure the necessary financing if the City denied the variance, in which case the subdivision would be out of business. Thomas Burrascano contended that the ordinance should be enforced since it is intended to preserve the elements of sub- urban living. Children are bound to play in all the areas around the building, he said, and proper space should be provided. Mr. Barr said that special areas will be set aside for small children as shown on the tentative map. Mr. Ketell said that there is a fenced play yard for children with every building. The Chairrran observed that the extent of the variance is con- a.1dermlY beyond the terms of the ordinance and questioned the effect of such a precedent on subsequent subdivisions. Mr. Barr answered that variances are a part of all Commission tools and allow unique imaginative designs. it is merely a matter of 10 feet on the side setbacks. Planning He said Commissioner Frolich said that he tends to be in favor of the application, adding that it is unfortunate it was not presented previously. He also said the play areas shown on the tentative map seem distant from the living units. Commissioner Adamo said that he would be inclined to recommend denial on the grounds that the City Council would then be in a position to study both the application and the ordinance in order to determine which regulations it prefers. Mr. Barr said that the existing ordinance may well apply to many developments in this county, but it is awkward with respect to the present application. Commissioner Adamo inquired as to what would prevent other areas from seeking and enjoying the same variance, thus making the side setback clause in Ordinance 160 more or less a dead letter. He said the legislative feature of the matter is the main question as far as he is concerned. Commissioner Snyder agreed that the variance here would not solve the problem but would merely answer this applicant. Commissioner Adamo said that one or two lots would be a different matter. -1" The City Manager said that the variance is justified in his opinion, that the side-yard area is not as important to the sub- division as the area in front of 'the building and between the wings. With reference to weeds in the side yards, he said that Ordinance 53 would control. Mr. Ketell said that Commissioner Adamo's point is well taken in that the ordinance might very well be referred to the City Council for consideration for amendment, but that his application could not await this process; a variance is a necessity in this case, he said. Commissioner Frolich calculated that the intent of the ordinance is beint met by the tentative map presented. Moved by Commissioner Frolich that: WHEREAS, the intent of Ordinance 160 seems to have been met in that the total open area on the street would remain unchanged; and WHEREAS, the potential attractiveness of the units would be enhanced; and WHEREAS, the total area of buildings is less than the maximum allowable; BE IT RESOLVED that the variance to Ordinance 160 be here- by granted. Seconded by Commissioner Eagar. AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Bagar, Frolich, Rampy, Snyder and Small Adamo Leonard 5-1 V UNFINISHED BUSINESS: A. Ordinance No. 002(h). Continued. B. Miscellaneous VI NEW BUSINESS: A. Review of Ordinance 89, Sign Ordinance (Particular reference to sign size) B. Miscellaneous Moved by Commissioner Snyder that the meeting be adjourned to August 2, 1961, 8:00 P.M. for the remaining matters on the agenda. Seconded by Commissioner Rampy. AYES: Commissioners: Adamo, Eagar, Frolich, Rampy, Snyder and Small None Leonard 6-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Meeting adjourned at 11:55 P.M. APPROVED: Isl E. J. Small Chairman, Planning Commission ATTEST: Isl Lawrence K. Martin City Clerk -8-