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PC 04-27-64 10321 So. Hwy 9, Cupertino, Calif. , 95014 252•-4505 CITY OF CUPERTINO CUPERTINO, 'CALIFORNIA MINUTES OF ,THE REGULAR ,MEETING OF THE PLANNING .COMMISSION, April 27, 1964 PLACE: ,':Board. Room, Cupertino School District Office TIME : ';., 8:00 ,P.M... 410 SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETINGS -April 13, 21, 1964 Commissioners present: Adamo, Rampy, Small, Snyder, Thomson, Frolich Commissioners absent : None Staff present : City Planner, City Attorney, Assistant City Engineer, Recreation Director. .& his Assistant It was moved by Comm. Small and seconded by ,Comm. Snyder that the minutes of April 13 & 21, 1964, be approved. Motion carried, 6-o III COMMUNICATIONS : A. Written 1. Letter of April 22, 1964, from Deep Cliffe Development : . Company, asking for a delay of 2 weeks on their appli- cation because their exhibits were not ready. It was moved by Comm. Small and seconded by Comm. Rampy that application: 13-Z-64 be tabled until the next regular Planning Commission meeting, per the appli- cant 's request. 'Mot ion :parried', '::6-0; 2. Memo from the City Manager .:regarsding. the Wilsey, Ham & Blair letter to the .State requesting extension of their contract with Cupertino until June 30th. The paragraph to which the City Manager ,took exception dealt with the limitation to 5 . study sessions on the master plan. The. Assistant City Engineer pointed out a letter of �.,: > :• Marsh 5th which refers to the :5 meeting proposa . Comm, Snyder feat it was unwise to define the number of meetings needed to accomplish this goal. He felt that .fit was important' 'only to 'acknbwledge the contract completion date 'of Janie 30, .1964.'', • ;a. -1- The City Attorney stated that the June 30th completion date;.ds the only pertinent fact at this time; that the matter of compensation is the worry of the Consultant, not the City of Cupertino. It was moved by Comma Snyder and seconded by Comm. Small to approve that portion of the March 6th letter from Wilsey, Ham & Blair regarding the contractual com- pletion date. of June 30, 1964, and to search out. the Planning Commission 's; responses in the minutes of the previous meetings; the latter to be handled by the staff. AYES : Comm. Adamo, Rampy, Small, Snyder, Thomson, Frolich NOES : None Motion carried, 6-0 3 . April 15th County Planning Commission Summary of Action and Agenda for. May 6th.l 4. Communication from State Recreation Commission setting up a second meeting on, Bill #153. It was confirmed that the Planning Commission had referred this Bill to the City Council since it concerns funds available for parks and recreation. It was moved by Comm. Small and seconded by Comm. Snyder to receive arid file the written communications. Motion carried, 6-0 B. Verbal 1. There was a group of about 30 people present to pro- test the Deep Cliffe rezoning application but they decided to withhold their petition until the appli- cant makes his presentation. IV HEARINGS SCHEDULED : A. MASON ENTERPRISES, INC. : , Appl.. 112-Z-63 to rezone 50 acres from M-l::B-4-H to R-2-H; R-3-H and R-24-H; east side of the Southern Pacific Railroad right of way, north of University Avenue . Second Hearing. .� Mr. Lou;Tersini, Moorpark Avenue, San Jose , was present for the applicant . He recognized that this property has an ingress and egress problem and was willing to cooperate with the .City- in solving itl, ,The City Planner : put his maps on the bulletin board and outlined': several .alternatives .to solve this traffic problem. In reviewing this area, several questions came to his mind : 110 1. If this property is to be rezoned, then the only re- maining Industrial zoning will be Vallco Park and he is not sure this is enough. -2- 2 . . He • wondered if •there will possibly be a future need for rai.•lr. oad .access.. Southern; Pacific , in San, Francisco, • s ,ys that at present there is no need for r ,i.lroad aC ess .here,, but• the City Planner ;is not convinced that there.,Will not.•be s , need 'for it at - some future date. 3.. , The. pr'oposal is that the 46 ' road a lorng the' freeway be : used for access to Stevens. Creek Road®'' However, it .will 110 require that people' lining 'at the ,ri-orth boundary of this, property must, go 2/3 mile south to get out of this dev.elopmerit , ,but this seems the only plausible route ope.n,:.. The City Planner has checked with the State' Division on ..Highways and found their ,plans are too finalized to be .. able:.• to, get them to move the freeway to the- north to allow for •an access road at that point, Getting across the` other freeways would involve a' change in' the pro- ., file , or -going- under. or .over the freeway. Chairman Frolich asked how many units were contemplated on this property. The. City ,Planner said he had discussed this with the developer and 360 to 400 units are proposed. Chairman Frolich stated •that Mr. George Volker, one of • the previous .consultants ; ,..had advised that 'Vallco Park would ' ' not -Provide enough M=l for"CUpertino; Comm. ..Snyder asked, the City Pl,anne,r .approximately what ,the flow of .cars would'be frotji' an int'er_section such as he - . suggested under his ;'.item: -The "City Planner• thought the dispersal of .300 cars could be .accomplished in one hour and . the remainder in about 1/2 'hour... Ccmm.. ' Snyder brought up the point that there might, also ,be some through traffic since the people in this -area wha work up toward Palo °Alto are always looking for new, quicker. routes. Comm. Thomson asked what the access to Stevens 'Creek Free- way.would be . , The City Planner said he understood there would • be_ a complete interchange at Stevens Creek and Stevens Creek :Freeway. • • Chairman Frolich noted that with new zoning, • this' area could have, a maximum of 744. units . ,He then asked the City Attorney 'what happens to -applications being-.worked on.when new .ordinances are in_ the making, The ,City Attorney said they-Must be judged `according to .the ordinances now in effect. Comm': "Snyder felt-he `•could not• vote on,this;,application until some firm solution- to tYie ingressand egress problem is worked out, die``felt --a development, o•f•this' sort could create "an add •itio•nal•T10.00' c•ars u.s.ing these'r• oads. : Mr. Tersini said that •wriether 'this 'land. is"zoned Industrial • or Multiple , there. is,..a,traffic problem to be ,solved.. -3- 1 Mr. Zeroff, Lebanon Drive , Cupertino, asked if there was a possibility of running a street along the rail7oad line . The City Planner said it would not because of the narrow streets and they could not use the railroad right of way. Comm. Snyder felt this was over-grasping at straws . He felt this application should either be sent back to the Engineering Department for further study (a concrete pro- posal on access roads and who is to pay for them) or else proceed to vote at this time. The City Attorney advised that the matter at hand was whether or not this is good' 'zoning for this property. The developer must work out the ingress and egress problem with the City Staff. It was moved by Comm. Snyder and seconded by Comma Adamo to continue the Second Hearing and to request an additional report from the City Planner regarding roads . AYES : Comm. Adamo, Rampy, "Small, Snyder, Thomson, Frolich NOES : None Motion carried, 6-0 B. CITY COUNCIL RESOLUTION 913 : . 6-Z-64 to rezone 14.68 acres from R-1, R-1 :B-2 and R-1-A:B-2' to R-E:B-4 (Park) ; north side of Stevens Creek Blvd. , 820 ' west of Stelling Road. First Hearing continued. C. CITY COUNCIL RESOLUTION 914 : 7-Z-64 to rezone 5 acres from R-1 to R-E:B-4 (Park) ; north side of Voss Avenue east side of proposed Lockwood Drive alignment. First Hearing continued. (Monty Vista School) D. CITY COUNCIL RESOLUJTION 915: 8=Z=64 to rezone 5 acres from R-1 :B-2 .to R-E :B-4 (Park),; east end df Price Ave . north side of Regnart Creek. First Hearing Continued. ( Ji1son School) . E. CITY COUNCIL RESOLUTION 916: 9-Z-64 to rezone 5 acres from R-1 :B-2 to R-E :B-4 (Parkwest end of Stonydale Drive, east of Amelia. First Hearing continued. (Stevens Creek School) F. CITY COUNCIL RESOLUTION 917 : 10-Z-64 to rezone 5 acres from R-1 :B-2 to R-E :B-)`; (Park) ; west side of Portal Ave. , 100 ' south of Amherst Drivel... First Hearing continued® (Portal School) Since the above resolutions all, concern park sites, it was decided to discuss them both as a group and separately. The Recreation Director gave a recap of his philosophy on city parks and recreation, using his poster for easy identification of the several locations411 The Chairman-'read' the 'April'l 22nd letter from Marlais & Hover, Attorneys , expressing their wish to appear at the Hearing. It was brought out that the reason for tabling this group of resolutions last time was to enable the attorneys to come to the Second Hearing. -4 Comm. Small asked the City Attorney if the City can rezone prpperty without compensation. The City Attorney said it could, as long as there are public hearings and they fol- low the ordinances. • The Assistant City Engineer was requested to write a letter to Marlais & Hover, advising them that the First Hearing was Continued in gnticipatio4 of a Second Hearing on a date when they dhould be able to appear. They should be told 110 they are weICome to come and make their plea at that time. • Comm. Snyder suggested the Commission review the locations, one at a time , and see what comes of it. The City Attorney said the size and number of city parks are both open for discussion. • r Comm. Snyder asked the Recreation Director What constitutes a good neighborhood park'. The Recreation Director answered that the size is pretty: well standardized. It was decided that the ratio of 385 persons to 1 acre of park would suf- fice. He pointed out that since last July, the number of park sites has decreased from eleven to five and the prices have gone up considerably. He said the reasons why the city park location was. chosen were : 1. Geographically centered. 2 . Easily accessible . 3. 'Removed from heavy population canter because they realize Cupertino is moving Westward. 4. Compatible to the area . 5. No property adjacent to school aVailable in this area. The ratio of population to park acreage of some other cities follow : Detroit : 50-1, Sunnyvale : 100-1, Santa Clara": 395-1. Comm. Adamo wondered why the 18 acres on the Euphrate corner were not considered for a park site . The Recreation • Director said it was felt this would serve to just continue the junior college campus and could cause, problems . • The RecreationDirector pointed out that our forefathers set aside park and recreation sites for older cities although they could 1111 afford to do so and he hoped that Cupertino would be farsighted enough to do the same . Chairman Frolich had some arguments against the central park location: rh This property right ,on Stevens Creek Blvd is expensive and 'will .take .property off the tax rolls . '2. This location may be too attractive to people travel- - . ing on the freeways and could overcrowd the facilities. 40 It is too close to the college . at about the other choices for the' central park? The Recreation Director said that the original choice was for the lands adjoining Collins School bUt, since the zon- ing change, this would be in the middle of a regional shopping center. • He, felt the Horse Ranch would simply contribute to the County Park situation. He said' he felt an obligation to the people in that area close to the present location -- that this is the only available land in that area for a park. He added that the highest and best useoof property can be aesthetic as well as economic . Comm. Thomson added that property values will rise if we make a decent city out of Cupertino by creating parks, for one thing, in order to create a better image . The Chairman then asked for comments from the audience . Mr. Robert Reese , of Mason-Crocker Corp. , made a plea to upgrade Cupertino by allowing their Cultural Center to become a reality and to move the central park to a loca- tion not so readily accessible to neighboring cities . Mr . Ed Kullick, 20820 BonnyiDrive, Cupertino, (Peppertree ) said he is in favor of keeping the central park at its present location. He would like to have a park nearby for his family and does not believe people from other areas would come to use its facilities . ' • Juanita McLaren, 22101 Lindy Lane , Cupertino, Real Estate Broker, felt the city park belonged on the lands adjoining the foothills . Mr. John Bert, Pineville ,' Cupertino, asked if Price Avenue would go through when the park adjoining Wilson School is put in. Chairman Frolich surmised that it would. It was moved by Comm. Small and seconded by Comm. Thomson to close the First Hearing. AYES : Comm. Adamo, Rampy, Small, Snyder, Thomson, Frolich NOES : None Motion carried, 6-0 JOHN & ANTON SAICH: Appl. 11-Z-64 to rezone 1. 11 acres from R-1 :B-2 to C-1-H; west side of Saich Way at Park Avenue . Second Hearing. Mr. George Bronner, representative for the Saich Brothers, distributed maps showing they Were requesting continuation or extension of the C-1-H zoning on their property. In return, they plan to put in 'all improvements along. Stevens Creek Blvd . , Saich Way, and Park Avenue, when the first building is constructed. Chairman Frolich asked if they would be willing to include the condition that absolutely no roof appurtenances would be visible to anybody standing on the ground from anyplace in Cupertino? Mr. Bronner referred this question to Mr. Will Blessing, Architect , who asked if this condition could 410 be limited to an eye level, below the roof line . The City Planner stated this property is more suitable to commercial than to residential use . Comm. Snyder commented that if this application passes, he would like to be sure it goes through H-Control. -6- He noted trees shown on the map in the parking lot . He also took issue with the new Bank of America building with its air conditioners on the roof, It Was moved by Comm; Small and seconded by Camino' Rampy to close the Second Hearing. Motion carried, 6-0 • 'It was moved by Comm. Small and seconded by Comm, Rampy that application 11-Z-64 be recommended 'to the` City Council for approval, subject to the 12 standard conditions . It was moved by Comm. Adamo and seconded by Comni:: Thomson to e,tnend the above motion by adding these additional con- ditions : 13. There are to be no roof appurteriari'es visible to the naked eye at the elevation of. the roof line and 14. The tree layout on the proposed drawing or one com- parable to it must be in evidence when it shows up at H-Control. Vote on the amendment : AYES : Comm. Adamo, Rampy, Small, Snyder, Thomson, Frolich NOES : None Vote on the original motion` as amended; AYES : Comm. Adamo, Rampy, Small, Thomson, Frolich NOES: Comm. Snyder Motion carried, 5-1 H. ALMADEN-WINDSOR DEVELOPMENT CO. : Appl. 12-Z-64 to rezone 5.5 acres from R-1:B-2 to R-1; south end of Whitney Way, 380 ' east of Highway 9. First Hearing. Mr, Don Ball, 3226 Cherry Ave. , San Jose, informed the Commission his company wants to build single family dwell- ' ings here . ' They would like to discuss the access problem at the Second Hearing. 0 The Assistant City Engineer stated that the bridge should be the responsibility of the developer. Chairman Frolich asked the applicant if their present tenta- tive map shows a street abutting the creek. AnsTer Was in the affirmative . . ' The Chairman asked for comments from the audience . There were none . It was moved by Comm, Thomson and seconded by Comm. Small to close the First Hearing on Application 12-Z-64. This motion was amended to add ' that the staff and the developer should make an amicable decision as to who should pay for the bridge across Regnart Creek. Motion, and amendment carried, 6-0 -7- The Assistant City. Engineer stated that the Flood Control may want to make some comments, also. I. DEEP CLIFFE DEVELOPMENT CO. : Tabled until' next meeting. J. GUY W. & MIT,DRED FITCH: Appl. 5-V-64 for a Variance to allow a 151 front yard set back where. Ordinance requires 201 ; 11302 Terra Bella Drive. ' Mr. and Mrs. Fitch were present to ask for this variance . . and had with them a drawing showing their plans . They explained there was not sufficient room at the rear of 410 their property and they wished to take advantage of the front portion of their property and put in a patio consis- • ting of exposed aggregate and plantings, with a 51 sculptured cement block fence blocking it from the street. They felt it would enhance the area rather than detract from it, and Mr. Fitch pointed out that vision around the corner would not be impaired by the block wall. Comm. Adamo asked if their neighbors are agreeable to this arrangement. Mr. Fitch said this application notice was posted and nobody was present at the' meeting to object. Mr. Ward Crump came forward to say that he recommended this variance because they have a corner._ lot and the home next to them has the garage on their side . He said he lives across the street in a 2-story home and he felt this 51 wall would help provide semi-privacy for their patio. It was moved by Comm. Thomson and seconded by Comm. Small to close The Hearing. It was moved by Comm. Thomson and seconded by Comm. Small to recommend approval of application 5-V-64+ to the City Council. This motion was amended to add that the map be incorporated into the application. AYES : Comm. Adamo, Rampy, Small, Snyder, Thomson, Frolich NOES : None ; Motion carried, 6-0 V UNFINISHED BUSINESS Chairman Frolich requested the meeting on the following night begin at 7 :30 instead of 8 'and for the Assistant City Engineer , , to notify the consultant of this time change. All agreed. VI NEW BUSINESS -- None VII ADJOURNMENT It was moved by Comm. Small and seconded by Comm. Snyder to ad joiirn at 11.:15 P.M. Motion carried, 6-0 ...APPROVED: /is/ Donald Frolich Chairman ATTEST: o_c Robert S. Shook Secretary, Planning Commission - 8 - ' I