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PC 03-13-61 .. P. O. Box 597 AL 2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION - MARCH 13, 1961 Place: 10321 So. Saratoga-Sunnyvale Road l'ime: 8: 00 P.M. I SALUTE TO THE FLAG Commissioners Absent: Staff Present: THE LAST REGULAR MEETING: February 27, 1961 Adamo, Bagar, Fitch, Rampy, Small, Snyder, Leonard None City Attorney, City Engineer, City Clerk II ROLL CALL: MINUTES OF Commissioners Present: Minutes of the last regular meeting Februar~y 27, 1961: page 8, line 32, delete "Blaney Avenue"; Commissioner Fitch asked that the minutes show that the motion referring to Stevens Creek Blvd., HJmestead, and Blaney received no second because the Commission felt the matter was the prerogatlve of the Architectural and Site Control Committee. Moved by Commissioner Fitch that the Planning Commissioners receive a copy of the City Manager's Report; Seconded by Commissioner Adamo. AYES: Commissioners: Adamo, Bagar, Fltch, Rampy, Small, Snyder, Leonard None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Minutes of February 27, 1961, approved as corrected. III COMMUNICATIONS A. Written 1. County Planning Commlssion: Copy of application of Sigfrid Nelson for use permit for golf course, southerly side of Stevens Creek Road between BYrfle Avenue and Scenic Blvd. Moved by Commissioner Small that the Planning Commission recommend approval of the proposed 9 hole golf 'course on Blackberry l"arm; Seconded by COMnlssioner Ba~ar. AYES: CommissJ.oners: Adamo, Eagar, Fitch, Rampy, Small, Snyder, Leonard NODe None 7-0 NAYS: Commissi oners: ABSENT: Commissioners: MOTION CARRIED: . 2. University of California Press: Pamphlet Ilsting titles rela- tive to American City Politics. 3. Division of Real Estate, State of California: Notice of fil- ing on Tract 2880, Cali Suadivision, Rousseau Organizatlon. 4. County Planning Commission: Plot plan of John R. Boyd for design and engineerlng room east side of' Pasadena southerly of Stevens Creek Road. The matter will be considered by the Archl- tectural and Slte Control Committee March 14 and by the Planning Commission March 15. Referred to VI A-3. -1- 5. County Planning Comnussion: Agenda of March 15, 1961. 6. County Planning Commlsslon: Summary of actions, March 1, 1961. 7. City of Sunnyvale: Letter suggesting the for'mation of a Hwork- ing group" to consider a planning of mutual boundary areas and sim·- ilar problems within the Tri-County Planning Council. Invitation to a meeting March 17, 8:00 P.M. in the Mayor's Conference Room of the Sunnyvale Clty Hall. Referred to City Manager for dispositlon by Clty Council. 8. Cc,ty ClerIc: Letter on behalf of City Council regarding atten- dance record, asking for continued steady attendance. Moved by Co~~issioner Sn~ll that the letters be received and filed with the exception of the communication referring to the Boyd application; Seconded by Commlssioner Rampy. AYES: Commisslone~s: Adamo, Eagar, Fikh, Rampy, Small, Snyder, Leonard None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Louis Segal asked the Commission if they could not delegate a mem- ber to attend the March 17 meeting at the Sunnyvale Clty Hall. The Chairman answered that he agreed with the idea that Cupertino should have representation but the Commissj.on is reluctant to send a member without the authorlzation of the City Council. Commissioner B' tch staGed that it was tLe intention of the Comm- ission to notify the Clty Council so that t'1ey can name a Cuper- tino delegate. The Chairman asked that the remarks of Louis D. Segal be included in the minutes. B. Verbal None TV HEARINGS SCHEDULED 1. Sunshine Acres Investment Co.: Application to rezone lnclusive Tract 2086, Idlewcld Greens, from R-l to R-2-H. lots 1 - 8 F:Lrst hearin¡! The applicant requested by telephone call, March 13, that the hearing be postponed to March 27, 1961. Mr. Segal informed the Planning Commlssion that his Homeowners Associ- ation continually objects to the zonlng in questlon and has informed Mr. Oakes that the Association has no objection if the residents of Wheaton Avenue have no objection; however, he said that no one on Wheaton Avenue has been contacted by Rousseau Organization, also that tLe homeowners on that street were told when they purchased their home~ that the lots on the south side of vlheaton would be R-l. Commissioner Snyder asked whether the applicant is entltled to contlI1Ul such postponements especially in view of the fact that Clty residents constantly appear at the meetings to express thelr oplnlon on the app- lication, the trips being in vain if the applic8.nt lS continu8.1ly all- -2- owed to postpone on the day of tie. hearing. The City Attorney stated that the law is very zealous 01' an applicant's right to present his appllcation in full. The interest of the City at large is paramount to an individual's applicat:'on or protest. He said it is usual to continue a hearing for a reasonable length of time at the request of the appllcaDt. Moved by Commissioner Small that the Planning Commission .grant a con- tinuance to April 10, notifying Rousseau and cancelling the application if not presented at that time; Seconded by Commissioner Rampy. AYES: Commissioners: Adamo, Eagar, Fitch, Rampy, Small, Snyder, Leonard None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: 2. Jac!c Dymond, Jr.: Application to rezone 18.4 acres from R-l:B-2 to R-2-H; 12.4 acres from R-l:B-2 to R-3-H, west s~de of Mt. Vlew- Stevens Creek Road, between Monta Vista School and Alcalde Road. First heaing. Prelimj.nary map: R-2; 67 lots. The Chairman said it is normal to ask the applicant to elaborate on the density of the apartments and duplexes, and what provisions are being made for schools and what are the prospects for traffic control, road pattenl, sanitary sewers, etc. The applicant reviewed the map from those standpoints. He said he would be willing to submit the application as a planned communlty zone but he understands that the present City ordiDances make no specific provisions for that but only for separate zones. Commissioner S,wder asked why the area was not planned for R-l use. Gene Mastin, representing the applicant, gave as his reasons the fact that industry was fairly close, that it is not one of the better neighborhoods, and that it would take wholesale grading, at least on the back portion, to ready the land for R-l. Commissioner Leonard asked the applicant to submlt reasons for zoning this property duplex and apartments, which reasons would not also qualify every acre In Cupertino. He asked for reasons which would indicate an efficient use of the land for the entlre community, such as putting people close to thelr jobs, reducing trafflc difficulties, storm drainage, etc. Commissioner Fitch said he is of the op1nion that duplexes deteriorate more rapidly than any other residential usage, perhaps because the distrlcts encourage absentee ownership. ~k. Mastin suggested apartments on Sprlnger Hoad west of Rosita close to the Mt. View·-Los Altos City boundary as examples of houslng similar to applicant's proposal. F~cell is the builder and Jack Dymond lS the applicant and financier. The City Engineer observed that some of the lots had duuble frontage. This is usually aVJided, If posslble, and he suggested a cul-de-sac -3- arrangement to avoid the double frontage. The applicant noted that rectangular lots are better for duplexes in the sense that each unit has a suitable yard, whepeas, the irregular lots caused by cul-de-sac do not always lend thcmselves so readily to duplex purposes. Mr. Mastin pointed out that the applicant does not control the upper half of the street abutting the north end of the proposed subdivision. He also said that the County has not yet accep- ted dedication of the stpeet. Regarding questions about the positlon of the Sam.tary District, School District, etc., on the applicatJon, the City Englneer stated that his recommendations, including the submission of more maps ar,d letters from different agencles on the subject, might expedite the appllcation. C. Spencer, 10950 Mt. View-Stevens Creek Road, Monta Vista, stated that the area has many problems now with quarry trucks. He asked whether such a subdivision would not add to the difficulty with the traffic ~uation, water shortage situation, bring sewerage problems. He said he did not feel that the area is blighted and he also sald that the surrounding land will probably be in Cuperti,10 eventually, and concluded with the opu1Íon that this developement wilJ. not bring the lmprovements the City needs. After some discussion of the 'cax implications of such housing Comm- issioner FJ.tch aslÅ“d the applicant to submit drawings of the develope- ment. /ill'. Mastin said he would deliver pictures, as well. Moved by Commissioner Fitch that the first hearlng be continued; Sec- onded by Cornmissioner Rampy. AYES: Commissioners: Fltch, R~mpy, Small, Snyder, Leonard NAYS: Commissioners: Adamo, Bagar ABSENT: Commissioners: None MOTION CARRIED. 5-2 3. Ripley Homes: Application to rezone 70 lots between Blaney, Vista and Forest from R-l:B-2 to R-l. First hearing. TentatJ.vc map. The City Engineer located the area on the map. The IIritten recommen- dation of the City Engineer I¡aS pead. Discussion followed regardlng the cul-de-sac near the north side of the subdi vlsj.on and roughly 500 ft. in length. The present suodiVlsion ordinance allows cul-de·· sac stpeets not in excess of 350 ft. The street pattern does not con·· form to the street pattern indlcated on Nelghborhood Plan #7. The City Engineer recommends that the Con~ission consider a map with the street pattern as devised on Neighbophood Plan #7, further recommends that the developer be required to confo1~ to street patterns that appear desirable from an overall City standpoint. Neighborhood Plan #7 provides a curvilinear stree·c pattern without encumbering the lot yield. Moved by Commissj.oner Adamo that by Commissioner Snyder. Al'ES: Commissioners: the first hearing be closed; Seconr.',ed Adamo, Bagar, Fitch, Rampy, Small, Snyder, Leonard -4- NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: None None 7-0 4. Joseph F. Brown: Applicatlon to rezone 8.5 ~cres on west side of Highway 9 between projection of Mariani and Forest; front 4 acres to M-I-H; back 4.5 acres to R-3-H. Firsc hearing. Dr. Brown stated that he requests the proper zoning for the existing use. M-I-H zoning would permit future expansion of the animal hospi- tal and the R-3-H in the rear would allow him to continue his owner- ship of the property, he sald. The Chairman reviewed the County zon- ing of the 64th unit and the fact that several uses around 1953 did not achleve recognition, zoning-wise. He stated that there are severa2 disadvantages in not having the correct zoning, specifically, a limi ta-· tion on building expansion or re-building in the event of fire or sim- ilar catastrophy. Dr. Brown said he is willing to dedic@e in accord with the offlcial plan-llne for Highway 9. Commissioner Fitch agreed th~t Brown's rights are paramount but that he hated to see M-l-H zoning on the property. He lnquired whether the City can give Brown the proper legal protection and still zone the land more in conformity with the immediate surroundings. Dr. Brown explained that M-I-H, which baslcally means light man~fact- '¡ring, lS the required zoning in the County and in the City ~nd.:in many cities for animal hospitals. The M-I-H requirement can be de= rived from the fact that dog kennals require M-I-H and animal hcspi- tals have some of the same characteri.stlcs and require the same zone, The Chairman asked the minutes to show that there was no opposic20n from the floor to the application. NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: by Commissioner Small that the flrst hearing be closed; S~c- by Commissioner Bagar. r,ommiss~oners: Adamo, Bagar, Fitch, Rampy, Small, Snyd8r, Leonard None None 7-0 Moved onded AYES: 5. east plex Bonar & ~isher: Application for rezoning and use permltj south corner Homestead Road and Grant from M-I-H to C-I-H; Market com- and service station. F~.loSt hearing, John Fisher presented the applicatlon which consists of 1.45 acres prior to expected dedications, 1.35 acres of improved property ~o remain. The market is known as "Speedee Mal't". He described the market as a convenience type store which is open 7 days a week including hol í.08..1" until approximately 11:00 p, M. at night. Fast service is another feature. Commlssioner Fi tcü said toit the plot plan Rubrni tteò '3hows :-:,e buiJ d, -5- ìng on the property line. Mr. F:tshe:;:- said that that would be changed. Tho Chairman asked the minu:··es to show that no opposition was regls- tered from the floor. NAYS: Commissioners: ABSENT: Commissioners: 1Il0TION CARRIED: by COl1unissioner Snyder that the first hearing be closed; Sec- by Commlssioner Rampy. Commisslone:;:-s: Adamo, B2gar, Fitch, Rampy, Small, Snyder, Lconal'd None None 7-0 Moved onded AYES: 6. Paganìni: Applicatlon to rezone 38 acres from R-3-H and R-l:B-2 to C-l-H, R-2-H, and R-3-H; south side Stevens Creek Blvd. adjoinlng west side of Idlewild Subdivision. First hearing. A. E. Jones represented the applicant. A zones requested was posted on the board. the southwest corner of the property. large map showing the new A park site was shown at The applicant referred to the sales tax revenue that would be realized from the C-l-H dlstrict especially that whlch would result from the adjolning duplex and apartment zone. He estimated the C-I-H zone at 750 ft. deep from Stevens Creek Blvd. The distrlct extends to Price Avenue. In response to a questlon he sai d that a motel, if any, would be located at the east end of the property along StevEn s Creelc Blvd. Commissioner Fltch said he expects some objection to C-I-H alongside the R-l. The C:·ty Engineer suggested that Mr. Jones have an engineer review the neighborhood plan and superimpose the street pattern on the zoning map so that the circulation plan can be studied. Commissioner Small suggested that the Planning Commission be furnished a report at the next meeting on the extent of existing R-3-H zoning I'll thin the C:L ty . The Planning Commission asl:ed for a reading of the petit:lon submitted at the Council hearing of the appeal on this applJ.cation. 446 signa- tures opposed the re-zoning which at that time conte.ined only C-I-H. Don Frolich said that the petition is stilI applicable in many re- spects. The Chairman stated that the &ccess to the property is very questionable, as Price Avenue appears to be a poor street for commer- cial usage. Commissloner Snyder also objected to the use of Price for commercial traffic. He said that even J.f J.t were wide enough at 70 - 80 ft. it would still present traffic problems with the proximity of the school and lack of surrounding street facilitles. Only two streets are shown on the map, Price and Vicksburg. Nick Kuhn said that the only difference in the plan as now presented seems to be the absence of the ice skating rink. Gary Stokes said that his analysis of the map indicates that the pub- lic dedications in the present plan, includlng the streets éò.nd the park would not equal the usual dedications in a subdivlsion. He said -6- that the publiC rights of way normally amount to 25% of the property. Commissioner Fitch said that he would like to explore a plan which gave numerous properties imnediate access to a puûlic park or play- ground in such a way that this park would be in the center of a given piece of property with the surrounding lots all abutting this park and having direct access. This would indicate circular street patterns Moved ûy Commissioner Small that a study session be called to consider the application, cspecially the depth of commercial, traffic question, amount of multiples in the City, and objections from Idlewild on Wed- nesday, March 22, 1961, 8:00 P.M., open to all interested people and boards; Seconded by CommissJ.oner Snyder. AYES: Commissioners: Adamo, Eagar, Fitch, Rampy, Small, Snyder, Leonard None None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: by Commissioner Small that the first hcaring be continued; Sec- by Commissioner Rampy. Commissioners: Adamo, Bagar, Fitch, RQmpy, Small, Snyder, Leonard None None 7-0 Moved onded AYES: NAYS: Commissioners: ABSENT: Commissioncrs: MOTION CAPRIED: V UNFINISHED BUSINESS A. Ripley Homes: 10 acres, east side Blaney A enue south side of Baywood Subdivision; Tentative map, 39 lots. The City Engineer stated that the tentative map, Triumph #1, revised 3/2/61, stamped 3/13/61 by City Clerk, has been approved by his office. The Chairrnan asked whether the school district plans to put in the strect requirements on 3 sides of their school property immeJiately to the south (in view of the fact that schools usually can improve streets only on 2 sides and in view of the fact that thc nei~hborhood street pattern shows a connectlon between Amherst and Forest). The City Englneer said that hlS letter of recommendation suggests that the school be contacted concernlng their intcntions in this respect. The Planning Commission asked that such a letter be sent to the school district. Moved by Commissioner Fltch that the tentative map be approved as pre- sented; Seconded by Commissloner Adamo. AYES: Commissioners: Adamo, Bagar, Fitch, Rampy, Small, Snyder, Leonard Nonc None 7-0 NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: B. Miscellancous None VI NEW BUSINESS A. Miscellaneous -7- L The Chairman asked the Cl ty Clerk to check the expiration terms of present Planning Com~isslon officers and place the subject on the Planning Commisslon agenda when indicated. 2.. Commissìoner Snyder asl:ecl for a report on tile: numbcl'"' of ac:t'GS of R- 3-H and R-2-H in the City, also by pc)rcentage of the whole. 3.Moved by Commissioner Adamo that the proposed application of John R. Boyd for a deslgn and engineering room e~st side of Pasa- dena southerly of Stevens Creek Road be denied (ilrchitectural and Site Control application) due to the unattractive appearance of the building, absence of full set-backs, and the possibility that the use may not be compatible with the surrounding neighborhood. The O~pertino Planning Commission expresses concern on the for- going basis; Seconded by Commissioner Fitch. AYES: Commissioners: Adamo, Bagar, Fitch, Rampy, Small, Snyder, Leonard None None 7-0 NAYS: Commissloners: ABSENT: Commissioners: MOTION CARRIED: VII ADJOURNMENT Meeting adjourned at 12:05 A.M., March 14, 1961. J\TTEST: I.!!:i. Lawrence K. Martin City Cleric APPROVED: Chairman, Planning Commlssion ··8-