PC 12-14-64
1<'l1e No. 80,OOO.~
C I T Y 0_ F C y.-.!' E H TIN °
Calif(JCnia
l032l So. Saratoga-Sunnyvale Ho,'!,: (CH,v ;;.,.1:1)
Cupertino, Californ::'a, 950J)¡. ph: 252..i1'505
MINUTES OF 'l'HE HEGTiLAE ¡·ŒE'l'IHQ OF 'rIm PLP,IJNING COMNISSION
DeCei11;),~.:r· IlJ. ~ l~::·._::..'I- ~ 8 :00 P ,,~/lG
Board Room, Cupertino Elen18ntary School Di~trict Office
10300 Vista Drive, Cupertino
I SALUTE 'l'0 THE FLAG
II ROLL CALL: MI!~TES OF THEPREVI0US ~EETINGS: Nov. 23, 30, 1964
Comm. present: Frolich, Gates, I!lrshon, Johnson, Traeumer,
Thomson
Comm. absent: Small
Comm. Johnson had the following corrections to the Nov. 23rd
Minutes:
Page 2. It was Comm. Traeumer, not Con~. Johnson, who
seconded the motion in Paragraph 15.
Page 3. Comm. Johnson felt the last paragraph should read
as follows:
"Commissioner Johnson wondered what would go on the SE corner
of Saratoga-Sunnyvale Road and Stevens Creek Boulevard if
Mr. Eaer's application were to pass, another service station?
He felt that in a year or two they will get another applica-
tion for a service station at this BE cü~ner because the
applicant ~Iould state that is art appr'opriate use for that
corner since the other ttH'(;e corne:::'s had service stations.
He wondered what kind of businé'ss vlill be Going on Stevens
Creek Bot:levard between the service station and the Bank of
America if these small lots are not consolidated into one
well-planned development.
Moved by Comm. Traeumer, seconded by Comm. Johnson, that the
Minutes of November 23rd be accepted as amended.
Motion carried, 6-0
MOved by Comm. Johnson, seconded by Comm. Gates, that the
Minutes of November 30th be approved as read.
Motion carried, 6-0
III COMMUNICATIONS:
A Written
81,005
1. COUNTY PLANNING OFFICE: Referral of Architectural and
Site approval; SE corner of Lomita & Pasadena Ave.
The City Planner s:dÖ he had no oj)jectioD.S to this apartment
building.
Moved by Comm. Gates, s2conded by Comm. Elrshon, to instruct
the City Planner to write to the C01!r.ty se.ying the Cupertino
Planning Commission has no objections to this application.
Motion ca:::,ried, 6-0
-1-
50,000
81,004
50,300
Referral of Rezoning Application for Los Altos Garbage Company,
requesting Greenbe lL zoning,
Comm. Traeumer moved to reql;est o. s·ca.tement from the applicant
as to their contemplated use of this aereage. This motion
was withdrawn because the applic8l;ion lJOl;ld be acted upon by
the County before this body would have tÜne to receive an
answer from the applieanto
The City Planner was jnstru·èted t.o ¡"rite the County that if
this is merely a pl'ocedl.U'al chanc:) m,d the owner plans no
change in the mJe of the property, this Planning Commission
has no objections to this application.
2. CITY COUNCIL: Referral of Grading and Excavation
Ordinance (21!¡A).
The City Planner gave copies of Ordinance 214A to the Planning
Commissioners. He said the City Cow1cil invites the Commis-
sioners to study this Ordinance 0 Chairman Thomson 2.sked that
Ordinance 2l4A be put on the agenda for the first meeting in
January. This would give the Commissioners ample time to do
their "home work."
3. CITY PLANNER: Slwmission of Proposed Cluster
Ordinance.
The City Planner gave copies of the Proposed Interim Cluster
Ordinance to the Commissioners and said copies would be
available, free of charge, to interested citizens at City
Hall on December 21st.
Moved by Comm. Frolich, seconded by Comm. Hirshon, that a
Public Hearing for the Proposed .In~;erim Cluster Ordinance be
set for the next regular meeting on Monday, January 11th, and
that the Cupertino Courier be asked to insert an article in
the paper that copj_,=s of the above-mentioned ordinance will
be available, free of charge, a'c the City Hall from Monday,
Decem.ber 21st, on, for perusEr.l before this Public Meeting.
AYES:
NOES:
ABSENT:
Comm. FroliCh, Gates, Hirshcn, Johnson, '1'raeumer, Thomsal
None
Comm. Small
Motion carried, 6-0
Chairman Thomson commended all the Plan:1ing Commlssioners,
especially Comm. Gates, Frolich and Traeumer, and the City
Planner, Adde Laurin, who wrote this Ordinance, for the time
and interest they have put in at the numerous work sessions.
4. CITY PLANNER: Forms for Applications and
Advertisements.
The City Planner said
and has proposed that
the price list on the
the City Attorney has reviewed the forms
" $ - "
Record of Survey -- 2~.OO be added in
new application form.
-2·-
Moved by Comm. Frolich, seconded by Comm. Johnson, that the
Planning Commission adopt the;, new epplication form presented
by the City Planner and that the City Attorney be asked to
work up whatever ord~nances &20 necess..wy to bring the filing
fees up-to-date; and that "F:.c,cord of Durley -- $25.00" be
added to the price list,
AYES:
Comm. Fro.Jich, Gates, Hirsh::m, Johnson, Traeumer,
rrhomson
NOES:
ABSENT:
None
Comm. Small
Motion carried, 6-0
Chairman 'rtlOmson said the title for the advertisements form
should read: "FORM FOR PUBLIC ADVERTISEMENT OF LEGAL NOTICE
OF APPLICATIONS BEFORE THE PLANNING COIYjMISSION. "
Moved by Comm. Frolich, seconded by Comm. Gates, that the
Planning Commission adopt the advertisements form for legal
notice, because it is easier for the public to read and to
identify.
Motion carried, 6-0
B Verbal
l2-U-64
A. CUPERTINO CI~JRCH OF TIill NAZARENE: Application for a
Use Permit for a church site at the SW corner of
Wolfe Road and Richwood Drive. Tabled; public
hearings closed.
Chairman 'rhomson moved this item to this spot on the agenda.
Mr. George Oaks, representative for the applicant, requested
a continuance of.this application until the next meeting
since it has been impossible to get the Mayfair Marköt people
together to resolve the parking problem.
Moved by Comm. Frolich, seconded by Comm. Johnson, to table
this application until Monday, January 11, 1965.
Motion carried, 6-D
IV HEARINGS SCHEDULED:
17 -v-6J+
A. ALPHA LAND CO.: Application for a Variance to allow
10.4' side yards, in order to make possible subdivIsion
of property at Terry Way into three lots lL~O I wide.
Second Hearing.
Mr. John Pasco, Attorney, of 127l North First Street, San Jose,
was concerned about the implication in the Minutes that there
was a violation in density here. He said the problem here is
side yards. There is not a density violation,here, whether
this is one or three lots. Mr. Pasco said that, as it is now,
the property is not "saleable." .
Moved by Comm~ Gates, seconded by Comm,. Frolich, to continue
application 17 -V ~64 un.til. the Pl¡¡.nning Commission has a· chance.
to rechecl{ the Minutes of the· original rezoning and the
variance application minu-te¡;.
-3-
This motion \^las amended by Commo rrolich, seconded by Commo
Gates, that copie2 t,hould be made of tJ>.e Hearings before the
Planning Commission and the City Counc:ì.l on the previous
subdividing applicatlon, the variance appl:iGation, and the
origlnal rezoning appllcation which took place about one and
one-half years ago. The appl:ì.cant should assist the City
Planner in selecting the correct dccument,] > These Minutes are
to be mailed out to the Commissioners before t.he next meeting
to enable them to study the caGe.
Vote on the amendment:
AYES:
NOES:
ABSENT :
Comm.
Comm.
Comm.
Frolich, Gates, Hirshon, Johnson, Thomson
Traeumer
Small
Motion carried, 5-1
Vote on the motion:
AYES:
NOES:
ABSENT:
Comm. Frolich, Gates, Hirshon, Johnson, Thomson
Comm. Traeumer
Comm. Small
Motion carried, 5-1
18-v-64
9-TM-64
B. PERT-CPM: Application for Variances to allow a Cluster
Development of one-family houses, combined with a
Common Area, in an R-24-H Zone, west of Mary Avenue.
(Also, Tentative Map, 5 acres /.) Second Hearing.
Comm. Traeumer abstained from this Hearing.
Mr. Lou Tersini represented the applicant. He said that
with the help of the City Planner, they had prepared a
Development Plan. This was put up on the bulletin board.
A 27-page copy of 'Declaration of Covenants, Conditions and
Restrictions and Power of Attorney" for another subdivision
was submitted for review by the City Attorney and City Planner.
The City Planner said a Development Plan has been worked out
in addition to a Tentative Map. This plan is also a legal
document, to be attached to the Variance. Conditions are to
be added.
The City Planner explained that this Development Plan indicated
th " "
e building envelopes within which the buildings must stay,
but do not necessarily have to use up the \^lhole area. Ten
foot side yards are proposed here, which requires a Variance.
Windows and doors should be on only one of adjacent buildings
when they are less than fourteen feet apart. One and one-
half stories are allowed now; the developer proposes two
stories, which also requires a Variance. A parking scheme
should be a condition to the Variance.
The Development Plan shows 20' roads and 5' sidewalks. The
Fire District and the Sheriff's Department do not object to
this plan, provided there definitely will not be any curb
p8.rking. It is not possi.ble for the Sheriff I s Office to patrol
Drivate streets, even if funds are made availableo
-4-
The City fllanager has said thi s seems to be a good plan, but
he strongly feels that streets should be under the jupisdic-
tion of the Homeowners I Association, not the City.
Comm. Frolich asked, if fire and police Qepartments advise
against private stre8t~, and the City Manager requests them,
who, then, is to supervise the streets?
Chairnmn Thomson said that t~e residents will pay taxes and
should be able to receive the benefits of the police and fire
departments.
Comm. Frolich aSi,ed the Clty Planner, if the Proposed Cluster
Ordinance were passed, would this Development Plan fit in?
The City Planner said that it would.
Comm. Hirshon asked hov; the "No Parking" would be enforced if
this becmes a private street.
Comm. Frolich asked how the street naming and house numbering
would be accomplished for the six chain houses on thesouth side
of the Development Plan. The City Planner said they would
1 fI II t
have numbers related to the nortn-south Place ,no to
Mary Avenue.
Comm. Gates said he would like to see the no. street closed up,
preferrably by building a house in the center of it, to insure
" " T i
there will be no through traffic in the future. Mr. ersin
said a water line easement there would preclude building a
hòme there.
Comm. Frolich suggested that possibly the U-shaped str.eet
only should become a public street.
The City Planner recommended no parking on Mary Avenue.
Both Comm. Gates and Comm. Frolich were very concèrned about
the parking situation in this developmen.t. They felt sure
there would be many park:;'ngviolat-ions simply because of the
lack of adequate parking facilities.
Mr. Terslni stated there is guest parking in. front of the
cabana where, supposedly, most entertaining would be done.
There is also a reserve parking area for 10 spaces.
Comm. Gates felt that one-way streets, with curb parking on
one side, might be the answer here.
Mr. Krushkov, of Ruth & Krushkov, said that undoubtedly Mary
Avenue would be used for excess parking. He proposed "No
Parking until 7 :30 P.M." signs be used here.
Chairman Thomson suggested that possibly the parking situation
is not as critical as it seems..
Comm. Frolich pointed out there are Qnly 37 units in this
deve lopment; this is a ·good chan.ce to "stub our toe " on a
small development as· an experimental tting.
The Chairman asked fOl' comr.¡entD from the U1_,dien~e. 'rhere viere
none.
-5-
Mr. Krushkov offered the information that the adjacent property
is a church site. Presumab];¡, t]"':I will have off-street park-
ing. This may be the key to the so]ution of the parking
problem. The City Planner agreedo
The City Planner said there are now 14 native trees on the
property; a condHion in any r:lOdon should include that at
least 7 of the 14 native trees be preserved. He said that
another condition should be an easement making sure you have
access to and from the six units not adjacent to streets.
The text of the Covenants, Conditions and Restrictions should
be a part of the Variance.
Moved by Comm. Gates, Seconded by Comm. Frolich, to close the
Second Hearing.
Motion carried, 6-0
Comm. Frolich felt that this proposal is an improvement over
what is usually expected in an R-24 development.
Comm. Gates felt
to be resolved.
creative here.
this Development Plan has some major problems
He felt there was a chance to be more
Comm. Hirshon felt that possibly the parking situation is not
as inadequate as it seemed.
Moved by Comm. Frolich, seconded by Comm. Hirshon, that
applications 18-V-64 and 9-TM-64 be approved, subject to
the following conditions:
1-12 Standard Conditions (Exhibit B)
13 That the main two east-west streets and one north-south
street, at least, be dedicated as public streets.
14 That suitable easements be pro"¡ided, subject to the
satisfaction of the Director of Public Works and the
City Planner, for all water and sewer installations
and other public utilities; and that an easement be
provided for access to the six lots not located at a
street.
l5 That the Development Plan, as presented by the City
Planner during the meeting of the Planning Commission
on December 14, 1964, be followed.
l6a Parking to be provided by the developer in accordance
with the Development Plan.
l6b Any additional parking necessary in the .future to be
provided within the Development Area by the Homeowners'
Association.
l6c No curb parking allowed. (Stopping with the driver
remaining in the car would be allowed; restrictions in
this respect are both unreasonable and unenforcable.)
l6d No parking in reserved parking spaces or in other
driveways than those of the car owner or the host of
a visitor.
-6-
v
20-Z-64
16e Visitors only, not residents, in the 18 guest parking
spaces which will be scattered over the area.
16r Directional signs, NO PARKING signs, PARKING signs,
and possibly 15 MPH signs and ONE WAY signs to be
erected by the developer, as directed by the City and
Traffic Planner, after consultations with the Director
of Public Works and the County Traffic Engineer.
17 No native trees to be removed without permission of
the City Planner.
18 Distance between detached buildings shall not be less
than ten (10) feet; where. the distance is less than
fourteen (14) feet, windows or doors shall be allowed
on only one of the adjacent buildings.
19 That Covenants, Conditions and Restrictions be formu-
lated and adopted to the satisfaction of the City
Attorney and the City Planner.
AYES:
NOES:
ABSTAINED :
ABSENT :
Comm. Frolich, Hirshon, Thomson
Comm. Gates, Johnson
Comm. Traeumer
Comm. Small
Motion carried, 3-2
MINUTE·· ORDER :
Moved by Comm. Frolich, seconded by Comm. Hirshon, to call
attention to the City Council that, in the absence of the
condition of the dedication of the three streets within this
development as public streets, the application would have
been denied by the Planning Commission.
AYES:
NOES:
ABST AINED :
ABSENT:
Comm. Frolich, Hirshon, Johnson, Thomson
None
Comm. Gates, Traeumer
Comm. Small
Motion carried, 4-0
UNFINISHED BUSINESS
B. P. & R. CAMARDA: Application for rezoning from R-l:B-2
to R-2-H of 2 acres at Vista Drive between Forest Ave.
and Appletree Drive. Tabled. Public Hearings closed.
Moved by Comm. Frolich, seconded by Comm. Traeumer that:
WHEREAS, the Planning Commission has studied the aforesaid
application during regular meetings of November 9 & 23, 1964;
WHEREAS, a vote on November 23, 1964, was tied, 3-3, with AYE
votes by Commissioners Gates, Johnson and Thomson on denying
. the application, and NO votes by Commissioners Frolich,
Hirshon and Traeumer, in favor of the application;
WHEREAS, Commissioner Small is hospitalized, for which reason
a resolution of the impasse by the vote of Commissioner Small
cannot be expected at the nAxt m~etlng; and
-7-
(Next to the last paragraph has been corrected)
WHEREAS, the decision on the application should not unnecessarily
be deferred;
NOW, THEREFORE, BE IT RESOLVED:
That the Planning Commission forward the aforesaid application
to the City Council without a recommendation.
AYES:
Comm. Frolich, Gates, Hirshon, Johnson, Traeumer,
Thomson
NOES:
ABSENT:
None
Comm. Small
Motion carried, 6-0
51, 151
C. P. CAMARDA: Record of Survey; 4 parcels of lot #34,
SW corner of Blaney Ave. and Forest Ave. Continued.
Mr. P. Camarda, 10191 N. Blaney, submitted a Record of Survey
to the Commission. The City Planner said a Tentative Map
should be required when street improvements are involved;
in this case, they are required in front of Parcel C.
Moved by Comm. Traeumer, seconded by Comm. Frolich, to
close the Public Hearing and that the application be approved
as a Tentative Map rather than as a Record of Survey, sUbject
to the 12 standard conditions, which shall apply to Parcel C.
AYES:
Comm. Frolich, Gates, Hirshon, Johnson, Traeumer,
Thomson
NOES: None
ABSENT: Comm. Small
Motion carried, 6-0
VI NEW BUSINESS
1 Moved by Comm. Frolich, seconded by Comm. Johnson, that since
there are no new applications, the regular Planning Commission
meeting of December 28th be cancelled; the next regular
Planning Commission meeting to be held on Monday, Jan. 11th.
AYES:
Comm. Frolich, Gates, Hirshon, Johnson, Traeumer,
Thomson
NOES:
ABSENT:
None
Comm. Small
Motion carried, 6-0
2 Comm. Frolich requested copies of the County Planning Dept. 's
publication INFO be mailed to the Planning Commissioners.
The City Plaññër will request this from the County Planning
Office.
3 H-Control Committee does not get Planning Commission:Minutes.
Comm. Frolich feels it is important that they do in order to
digest the proceedings prior to their evaluation of an applica-
tion. The City Planner has already taken care of this.
-8-
4 Comm. Frolich called to the attention of the Commissioners the
condition of the vacant property by the overpass on Blaney.
The City Planner said that Mr. Don Ryan is planning a develop-
ment here; an application for a Variance may be on the agenda
for the next meeting.
MINUTE ORDER:
Moved by Comm. Frolich, seconded by Comm. Traeumer, that the
City Council be lnformed the property to the SW of the
intersection of Blaney and the overpass is taking on the looks
of a junk yard.
Motion carried, 6-0
5 Comm. Gates requested the City Planner obtain and make avail-
able to the Commissioners the Palo Alto Off-Street Parking
Ordinance.
6 Comm. Frolich requested that the Clty Planner have a set of
up-to-date ordinances sent out to the Commissioners as soon
as the work load permits. The City Planner said that the
Recording Secretary is retyping them.
VII ADJOURNMENT
Moved by Comm. Gates, seconded by Comm. Traeumer, to adjourn
the meeting at 10:30 P.M.
APPROVED:
/s/ Scott Thomson
Chairman
ATTEST:
I
o d t/e... cA-¡"'iA"A /¡.A
Adde Laurin
City and Traffic Planner
-9-
80, 000.4
1.44 City of Cupertino
California
CORRECTION in the Minutes of the Regular Meetingof the Planning
g
Commission December 14, 1964, 8:00 PM.
Page 7, next to last paragraph., should read as follows:
WHEREAS, a vote on November 23, 1964, was tied, 3-3, with AYE
votes by Commissioners Gates, Johnson and Thomson on denying
the application, and NO votes by Commissioners Frolich, Hirshon
and Traeumer in favor of the application;
0Cf6: Uc.v) "-.
Adde Laurin
City and Traffic Planner