PC 01-14-63 10321 So. •SARATOGA-SUNNYVALE ROAD - 252-4505
CITY OF CUPERTINO
Cupertino, California
MINUTES OF TI-E REGULAR. MEETING OF THE PLANNING COMMISSION, . JAN. 14, 1963
Time: 8: 00 P.M.
Place: 10321 So. Saratoga-Sunnyvale Road
I SALUTE TO Ti-I ` FLAG
II ROLL CALL: Commissioners Present: Adamo, Fitzgerald, Frolich,
Leonard, Small, Snyder
Commissioners Absent : Rampy
Staff Present: City Attorney, City Engineer,
City Clerk
MINUTES OF THE PREVIOUS MEETING: December 26, 1962
On page 2, the third paragraph under B. MASON BROS. , Mr. O' Connell
told: Mrs. Atkinson that the Chow residence would. come "mighty close" to
the 20' setback.
Page 3, fifth paragraph under D. HELEN AND GEORGE PIEPGRAS, the
spelling should be Nudelman, not Noodleman.
- It. was moved by Commissioner Small, and seconded by Commissioner
. Fitzgerald that the minutes be approved as corrected. Motion carried 6-0.
III COMMUNICATIONS
A. Written
1. Annual Report from Santa Clara Water Conservation District.
Fiscal year ending June 30, 1962.
2. Agenda for County Planning Comm:i.ssion Meeting, January 16.
3. Minutes County Planning Commission, Meeting of January 2.
4. Subdivision Report
5, County Hospital Commission fl enda for Meeting of January 9;
Minutes of Meeting December 11.
6. Department of Public Works, Listing for Tract #66.
Mason Bros. - Campbell..
7. Alpha Land Company - McNulte, Engineer, Tract 3411.
8. Letter from Cupertino Union School District regarding a
meeting between the Planning Commission and school district
(On agenda 'of this meeting.
9. Mark Thomas & Co,'. a letter requesting extension of time for
preparation of map for Tract 3149.
• It was moved by Commissioner Frolich and seconded by Commissione .'
Si al'l that a 90-day extension be granted. Motion carried 6--0.
B. Oral Communications •
410 . There were no oral communications from the audience.
The City Clerk reported that. Alpha Land Company had asked for a
postponement until January 2S, 1963.
Mr. Paul Mariani requested a study session with. the Planning
Commission any night p 'ioi• to Ja.n.ual 7 28, ::once ni.ng a. revision to his
application.
Commissioner Leonard: I believe Mr, Mariani has had some additional.
work done on the original application, following the town center type of
thing. I am guessing ,she. purpose of a study session is to get some react..'.
to this type of approach before going much further.
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.The City Attorney pointed. out that the Planning Commission has no
power to commit itself until after a public hearing is held. If the
Commission gave any indications at all, this :in a sense, would be a
committment. He added that a study session can .be .a risky business.
• Commissioner Fitzgerald thought Mr. Mariani could be wondering
what zoning to request, and thought that the Commission should forego a
study session until zoning is requested ; •
It was moved by Commissioner Frolich, and seconded by Commissioner
Small that the City Clerk be authorized to inform Mr. Mariani that his
application would be on the agenda for the January 28 Meeting, and that
the Commission would be happy to hold a• study session thereafter. Motion
carried 6-0.
It was moved by Commissioner Adamo and seconded by Commissioner
Fitzgerald that the communications be received and filed. Motion carried
6-0.
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IV HEARINGS .SCHEDULED
A . GEORGE AND ROSE VOSS: Application #71-Z-62 to 'rezone 29.7 .
acres from A-2:B-2 to R-1 and :R-3-Hy west of Mt. View- ,
Stevens Creek Rd. , adjoining west side of Monta Vista School.
• :First- .hearing• continued. .
Mr. O' Connell, from Mason Bros. , resubmitted a map, as requested
at the last meeting. Thirteen acres have been reversed from multiple
to R-1 ' There will be less than- four homes per acre, a total of forty- .
six. Mr. O' Connell suggested multiple zoning with private roads leading
up to the area for the remainder of the parcel.
Commissioner Leonard asked if there was any possibility of access
from the properties to the rear.
Mr. Voss, who was in the audience, -answered that there: is a possi- .
bility in the present jeep trail, but at present the road is used only for
the convenience of. the• owner. Unless the' attitudes --of other surrounding
owners change, there is no possibility of another access to the west.
Commissioner Small asked if R-3 allowed private driveways or
private streets .
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The City Attorney felt the City would have power to permit private
ways provided they meet certain_ police and fire protection requirements.
Commissioner Small: The applicant seems to be willing' to go along
with any suggestions the Commission might have. : Would the applicant be
better off applying for R-24 which is more lenient than R-3?
Commissioner Fitzgerald thought R-24 might be better.
• Commissioner Frolich,, who had visited the property, stated that he
doesn' t believe a street can be put in that will meet even the hillside
ordinance . The only way he could see the property utilized would be an
apartment complex under one ownership. •
City Attorney: Under the hillside ordinance, thirty-six units
would be permitted on the property.
The City Manager felt the Commission could make a recommendation
to Council that it would be impossible to construct:any roads. other than
that required for safety vehicles.
Commissioner Frolich: if we do pass this we should make note
that there are ' problems involved and it is quite likely that a variance
will be necessary at the time of construction. • ,
Mr. 0' Connellasked that his application h amended: to R-•1 and .
R-3-H.
It was moved by Commissioner Frolich, and seconded by Commissioner
Small that the applicant be ;permitted to amend the application to read
R-1 and R-3-H, Motion carried 6-0. . :
Commissioner Frolich -asked if anollther .hearing is necessary in view
the changed zoning requirement.
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City Attorney.: There in a question on this before Council, that
is a question on ordinance proced.u.res,. One public hearing is all that is
necessary, but I feel another would be safest .
Commissioner Small: There was no objection at the last meeting.
We ' ve gained thirteen acres of R-1 instead of R-2. Would another hearing
accomplish anything?
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Commissioner Leonard: In view- of the fact that this is. a proposal
for. multiple, I think we should- study it. so' that we don' t. qualify other
property for the same' reasons. I think if we prove on this property that
we are on the front of the hill, not looking at Permanente, ,, and there is .
not a loss of view because of towers and wires, because of the way the
building is placed, that there is not a better location in view multiple,
and that this would be under one ownership; and there is a 'possibility in
the future as other owners go ahead .in .getting reasonably good access'
from Permanente Road; then we are rid of the difficulty of saying that
we are going to put a• lot of multiple- traffic through single-family
streets. This also sets groundwork rules for anyone - who wants multiple
when they don' t know what to do with_.their property..
The City Manager stated that he thought R-3 the logical zoning. '
It was moved by Commissione'rr Small.. and seconded by Commissioner
.Fitzgerald that the first hearing be closed. Motion carried 6-0.
' It was moved by Commissioner Small: and seconded by Commissioner
Fitzgerald that the application be continued until the second hearing.
Motion carried 5=1.
B. • HELEN AND GEORGE PIEPGRAS: Application #j 2-Z-62 to. rezone
1 acre from R-3-H to C-1-H; north side of Stevens Creek Blvd.
between Randy and Blaney. First hearing continued.
Mr. Den M. Kyser, representing the applicant, introduced Mr. Gross,
architect. Mr. Gross submitted a sketch of the proposed buildings .
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Commissioner Small: I have absolutely no objection to .a profession
building, but we have an application for C-I-H zoning. Once the zoning
appears as commercial, if the owners decide not to build and sell the
land, we could have a hot dog stand on that property,
Commissioner Leonard: If we start putting shops on the back' end of
a lot, applications will- be coming in for more signs for advertising.
Mr. Gross explained that the front of the building would be shops,
the back would be offices.
Commissioner Small voiced his a.pproval of a professional office
building, but 'pointed out that once. the property was zoned commercial,
the City lost control Of °what goes onto the lot . If the zoning 'fits the •
land, this is a pretty good control. . - .
When asked' if the 'four' stores could also be offices, Mr. Kyser
said the applicants would be opposed to the change . .
Commissioner Leonard asked about the possibility of getting the
property owners nearby to come in on the application so there would be
a larger piece of . property.
Mr. Kyser had contacted the owner of two adjoining lots, but found
the owner not interested. He felt the applicant should not be penalized
because another owner wasn' t ready to develop his property.
Mr. Gross suggested reversing the building, and asked the Commission
if this would help. . •
The Chairman asked for comments fiom the audience, There were none
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It was moved' ry Commissioner' SM`.:1_J. axid seconded by Commissioner
Fitzgerald that the first hearing be closed. Mot i en• carried 6-0. '
It was moved by-Commissioner Small and seconded by Commissioner
Fitzgerald that the app11ca ion 'be Continued to a. second hearing. Motion
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carried 6-0.,
RECESS 9:45
RECONVENE 9 50
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C., . JOHN MOCK:. Appi-ication' 21=U� 3 for a Use Permit (Flower
Growing) ; 4 acres adjoining,, C'dpertino Animal Hospital.
When questioned, Mr. Mock stated there would. be a 5 ' fence, and
his operation wouldn' t front the highway. No fish- 'fertilizer would be.
used.
'Commissioner. Leonard .felt that use of the land- for growing flowers
is' a ;solution until storm drains are installed. He added. that the. life
of a.: business of this type seems to be About four or five years. The
Commissioner, could see no immediate pro' lems from the operation-since.
it wouldn't be• visible .from the highway
There ,were nd comments from the audience. er
It .was . moved by Commissioner. Smal1 and. seconded by Commissioner
Fitzgerald that the Use Permit be granted- for. a three-year. .period, subject
ofissuance . Motion carried 6-0. .
three years from' date
to 'review h
Dr. Brown, owner of the property, added that he saw no way the
flower-growing operation could be visible from the highway.
D. CIVIC CENTER SITE: Review and Consideration of a ' Civic Center
near the southeast corner. of Highway.-9 and Stevens Creek Blvd.
'Commissioner Leonard: Is this the hearing to see if the City spends
. . $100,000 for land and an additional expenditure. for improvements on the
land.. ' How much is usually spent for this. type of thing? About $300;000
is a . reasonable guess . The City is expecting to spend a half -million , . .
dollars, beginning now, and, continuing when funds are available.
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.Chairman Snyder: That is correct°. -
Commissioner Leonard: Would it be possible for us to get a rough
run-down from the other cities on their recent expenditures for-this type
of thing. • I am not opposed to acquiring the land. I .think it well
located and very fairly priced. It is simply the question of mentioning
at a public meeting whether. the figures' in mind are a• logical sequence
to this start. . • .
Commissioner Frolich: I am in agreement with Mr. Leonard' s view-
point . I feel Council has not asked for this; they have asked for an
opinion of site, and it- is my.. opinion it is a good one . I think the reas :'-
for a 'public hearing was to give the people- an 'Opportunity to express
themselves. This is a selection of a site, but we don' t have more than c?_'
choice . '
. The price of the land was questioned by -the Commission. - '
'Mr. Rodrigues: The price offered to the City is $18,000 per acre
for the five acres . The additional 1.2_ acres can also be purchased at '
the same price. $90,000 total for the „ five acres. • .
• 'The Commission felt the locationis in more or less the gedgraphie, .:
center of the City, without breaking the, continuity of the comiuercial.
area.
There were no comments from the audience .
Commissioner Small expressed hisiic1iisappointment that there was •
such little interest shown by the people in the selection .of a City Hall
site.,.. . :
It was moved by Commissioner Small and seconded by Commissioner, .
Adamo th
at the Civic Center site be recommended to City Council. Motion
passed 5-0. (Fitzgerald abstaining) . °
V UNFINISHED BUSINESS:
A.
WILSEY, HAM, BLAIR (George 7?polker) General Plan Program.
• (See Production Schedule) ..
It was moved by Commissioner Small and seconded by Commissioner
Fitzgerald that this : item be continued until the Meeting of January 15.
Motion carried 6-0.
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B. Miscellaneous
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Commissioner Frblich referred to the minutes of November 26,
regarding 'definition of a lot. There seems to he a 'wide disparity between
the rough draft and what actually appeared in the ordinance .
It was moved by Commissioner Small and seconded by Commissioner
• Fitzgerald that this matter be referred to the City Manager for investiga-
tion. (Ordinance 220A, Resolution 120)
VI NEW BUSINESS
A . CUPERTINO
CU O UNION SCHOOL DISTRICT: Re: School Site ,on Mariani
o sites Cityof Cupertino.
property and future plans for within p
Mr. Fenley expressed his interest in discussing the school building
program with the City. He .stated there are six cities within the boundar , ,
of the planning district. The district is held to a formula by the State
that recommends 638 children to K-6 schools, and 750 in 7th and 8th grades .
The district has been unable to hold to that with most K-6' s running 704.
For K-6' s, the district starts with five acres, adding one acre for each
additional 100 students; six acres are required for 7th and 8th grades,
with an additional acre for each 100. At the saturation 'point, the Mastea:
Plan shows 41, 000 housed in the Cupertino Elementary School District.
Although the district runs on the premise of neighborhood schools within
walking distance, 9, 000 are transported daily. Mr. Fenley offered to
bring a map showing planning areas if -the Commission would be interested.
Commissioner Frolich thought the Commission could learn a lot from
another study. Chairman Snyder agreed, adding that more Master Plan
information could be presented also.
Commissioner Small: I think basically Mr. Fenley and his school
district have done an excellent job in face of the recent growth. How
much acreage is taken up by a K-b school.
Mr. Fenley answered that around six acres is utilized, but that
it is not possible to utilize the remainder of the ten acre sites because
of the State formula regt_:ring an additional acre for each 100 in atten-
dance.
Mr. Fenley was asked how many K---6 schools there are in Cupertion.
There are five, with 9 or 10 planned.
Commissioner Small: Our point is that there is between four and
five acres idle on school sites, so at $18, 000 an acre, this makes a
large amount of money taken off tax rolls, .with .land being. unused.
Commissioner• Fitzgerald: I donut know if we can do too much about
this, but this is the first time the school picked up a piece of R-3
multiple land. Was the district aware of the property being rezoned-.
The City Clerk felt the district was aware of the rezoning, that
there was a member of the district present at time of rezoning.
Mr. Fenley said. he thought the wishes of the Commission should be
submitted to the agencies where they would do the most good. He gave
the following: Mr. Charlie Gibson, Department of Education, Division. of
Schoolhouse Planning, Mr. H. H. Jakob, Chief of. Finance Division.
Commissioner Leonard: I think this has been a very helpful meeting:
and hope we can have another. We don' t want anyone to ' feel we are in
complete agreement on this and feel there is nothing we can do about it.
The Commissioner made the following observations:
1.' Planning is overstacked on R-1.
2. Take from some other city, rather than Cupertino.
3. The question 'of recognizing freeways for what they are.
4. Recognize the• need for a substantial amount of non-resident •
uses . •
5: Take' land 'from subdividers and cut down number of homes built .
6. Let district drop their planning for single family Douses and
look toward Cities for planning.
7. Schools are not always the best possible use of land.
8. Unless protests are voiced, the State is not going to notice
that it' s time for a new set of rules and start over.'
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Commissioner Leonard concluded by thanking Mr. Fenley for attending
the meeting, and expressed the hope that the Commission, could present
a few ideas to tie in with the district ' s thinking.
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A meeting with Mr. Fenley is planned for January 31.
VI . ALPHA LAND CO. : Application 21T.M. -63
Postponed until January 28
VII ADJOURNMENT.
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It was moved by Commissioner Small, seconded by Commissioner
Frolich that the meeting be adjourned until January 15, 1963, 8: 00 PM.
Meeting adjourned: 11: 20
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APPROVED:
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fhar7 Pn T;, SnydeT.,—Chn i rmnn
ATTEST:
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Lawrence K. Martin, City Clerk •
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