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PC 11-09-64 411 so,o00.4 CITY OF C TJ_PE R T I N O CALIFORNIA-_ 1.0321 So, Saratoga-Sunnyvale Road (City. Hall) Cupertino, California , 9501.4 Phone : ?7;2 '!; {j✓ MINUTES O.F TIE REGULAR MEETING OF THE PL.f.NNING COMMISSION, 8:00 P.M. November 9, 1-964; _Board Room, Cupertino School District Office SALUTE TO TILT FLAG II ROLL CALL: MINUTES OF TFtT, PREVIOUS MEETINGS : October 22 & 26. Comm. present ; Frolich, Gates , Hirshon, Sma ll , T aeu '.er , Thomson Comm. absent : Johnson Staff present : City Attorney Sam Anderson City & Traffic. Planner Adde haurin Recording Secretary Lois Inwards It was moved by Comm. Gates , seconded by Comm. Traeumei° to ' approve the Minutes of October 22nd. Motion carried, 6-0 Correction to October 26th Minutes : Comm. Small said that on Page 4, Para . 3, he would like to clarify his statement that the reason he felt this would be an excellent service station is that the bays would not be facing the street. It was moved by Comm. Traeumer , byseconded Comm. Small, to approve the Minutes of October 26th as; corseted. Motion carried, 6_O III COMMUNICATIONS : A. Written --- None B. Verbal 1. The City Planner recommended the Planning Commission invite the City Attorney to the Thursday, November 12th, work session on the Cluster Ordinance . MINUTE ORDER : It was moved by Comm. Gates, seconded by Comm. Frolich to direct the City Attorney to be at the work session on Thursday, November 12th, 8:00 P.M. , at City Hallo Motion carried, 6-0 41, IV BEARINGS SCFFT)ULRD A. 11-U-61I, C . M. BAER : Application for a Use Permit for a service station at the NW corner of Stevens Creek Blvd. and Saratoga- TT 7 Suizziyva ll.: Road . Se n c,.nd -1 . o 1 ! Mr. Baer said he had made his presentation at the First Hearing and asked the Commissioners if they had any questions at this time . The City Planner said this s iterl Ilas been discussed at great length at City Hall and the following factors were considered : The owner of the "lot for which a Use Permit is requ. sted also owns the lot adjoining on the north side , on which there is a IIP restaurant. It seems that traffic sa e,:y, as well as the economic welfare of the City Auld require that sidewalks be constructed on ma jor thoroughfares aid that the neighborhood around the intersection of Ste4ens. Creek Blvd. an Saratoga- Sunnyvale Road be upgraded. Therefore , it is the recommended condition that the municipal improvements and dedications a .-e required, as stated in Exhibit B and as directed by the City Engineer; this shall apply both for the lot for which this Use Permit is requested and also for the lot adjoining the aforementioned lot to the north. Mr . Baer said he thought this was a mild case of blackmail. He said he would agree to these conditions when the property to the north of him is improved also. It was pointed out to Mr. Baer that this condition applied only to the service station site and the 38 ' in front of the res- taurant, not in front of the adjoining lot he owns . The City Attorney said he understood the property to the north of Mr . Baer es property on Saratoga-Sunnyvale Road was used as a 41) residence, even though it is zoned Commercial. He said he would be glad to go into this more thoroughly if the Commission so desires . Comm. Small asked the applicant how difficult it would be to rearrange the entrance in order to have it on the north. side . ' Mr . Lou Endicott, Ameri.ca.n Oill Comb� ny Terre enta"ti %e� submitted at this time a new, contemporary design that he Felt would be more in keeping with Cupertino °s image . He said the pitch of the roof would make it very d i_fficalt to have the bays at the side . He also pointed out that there is not enough maneuver room to have the bays open at the rear . Mr . Endicott said the plan included a steel shell with brick facing, plywood , and shingle roof ., The restrooms will be tiled. There will be a steel board-on-board facade . Chairman Thomson asked Mr. Baer if he had considered any otter use for this property. Mr . Baer said he has had offers , but does not want to sell. Mr. Baer said the State has forced him out of his present business He really does not want to do anything different with this pro- perty because it will cost him money. Comm, Gates was concerned about the traffic hazards involved in having a service 'station on the corner where there are right- hand turn islands , etc . .L 1, • Comm. Frolich commented that this would be a good opportunity to open up this corner He reminded the applicant of the dim view the Planning Commission, H-Control and City Council take of revolving signs . He asked the applicant if he didn 't' think he would be money ahead to have the extra. 38 ' .in front of the restaurant improved at the time the corner is . Mr. Endicott • agreed with Comm. Frolich. • Comm. Hirshon wanted to know what other types of business have been offered for this location. Mr. . Baer said nothing has come up that would even pay the taxes . He said this corner has had a service station on it for fifty years . • Chairman Thomson asked for comments from the audience . There were none , . It was moved 'by Comm. "Gates and seconded by Comm. Frolich to close the Second Hearing. Motion carried, 6-0 Comm. Traeumer commented that he has riot heard of any other use for this corner. Also, he feels that the sidewalk should continue to the northerly let line of the restaurant. The City Attorney commented that at one time he had an- office at this corner and it was so noisy it. was impossible to work. Chairman Thomson reviewed some of the things "coming to Cupertino-- DeAnza College , Valico Park, etc . -- and he was concerned about • having this corner developed into a .frst-rate business estab- lishment commensurate with this prime location. • Comm. Small was concerned about the need for so many service stations in Cupertino in view of the fact that freetiday traffic seldom stops enroute for gas or other service , Comm. Frolich agreed that freeway traffic seldom stops for gas'o ' On the other hand, however, he did not feel that Cupertino 's traffic will drop off . An office building would probably be more hazardous here because the traffic coming in. and out would be all at the same time . He also brought up the fact that the Planning Commission saw fit to approve a service station for that corner when there already was one at this location. And, finally, Comm, Frolich was . not at all sure. that the station exhibited at the First Hearing was wrong. He suggestt.ed both . styles be submitted to the H-Control. ' Comm. Hirshon said this was a fine proposal but , at the ,present time , he does not feel the City can stand another service station..' Mr. Baer asked the City Attorney if "they" could put him out of business . The City Attorney said the matter would have to be 110 turned over to 'him for study before he was prepared to voice an opinion. • Chairman Thomson reminded the Commission that Mr. Baer 'has been in business at this location for over 20 years and this is not the stationll to turn down; not this will change the number of service stations in Cupertino, -3- It was brought out that the County of Santa Clara condemned the building presently at this loci tion. They bought the building from him and gave 'it back to him. The City Attorney said he was asked about the propriety of asking for a Use Permit here . The street improvements are sub-standard; however, as long as he can rerrember, this corner has had a service station on. it. The ilojise" level here is unbearable , which limits this location for a nur;ber of uses . It was moved by Comma Frolich and seconded by Comm., Traeumer that WHEREAS, a critical corner would be vastly improved as to amenities and offer visibility and, WHEREAS, it replaces an existing similar but less desirable use; NOW, THEREFORE, DE IT RESOLVED that approval of application 11.-U-64 Is recommended, subject to the 12 standard conditions where they apply. and, 13 . Improvements per the City Engineer 's recommendations, l4 . Additional frontage 'imprOvements on existing restaurant parcel only, 15 . Building drawings to accompany application to H-Control, as well as the previous concept shown at the First Hearing. AYES : Comm. Frolich, Traeumer, Thomson NOES : Comm. Gates , Hirshon, Small ABSENT : Comm, Johnson Motion tied, 3-341) Chairman Thomson said the Second Hearing would be continued to the next regular meeting, pending the vote of the full Commission. B. 13-V-64 '.HARRY CHOW: Application for a Variance in lot size; four lots adjoining 20686 IRodi'igucs Ave „ Second Hearing. Mr . Harry Cappel, of Cupertino,, Realty, represented the applicant . He said he had nothing further' to add to what was brought out at the first Hearing. He asked for questions and/or recommendations of the Planning Commission. The City Planner said the yard requirement would restrict the main building on the lot in question to a width of 87 ' and a depth of 30 ' ; these dimensions' make a nice building possible, however. The garage on the next lot must be fireproofed as it adjoins the property line . This should' not be very difficult . The City Planner recommended approval of Record of Survey, pro- vided the Planning Commission recommends and the City Council approves the necessary variance for less lot size for Parcel C IJ 4 than" required in an R-1 zone, and under condition that the existing garage on Parcel D be fireproofed to the satisfaction of the Chief Building Inspector, A 411 S Chairman :Thomson na lfi tha , if the P].ann_ing Commissi ou. does not go along with the City Planner `s recommendation they should recommend something constructive. for this property. He added that he wou]d like the H-Control to approve any buildings for this property. Comm. Traeumer asked if there was any pllm.bi,ng :in the garage . ® Mr . Cappel said there Gfas . This would complicate the moving of the garage . Mr. Cappel said Mr. Chow has investigated the possibility of moving the garage and found it was not financially feasible . The garage , which contains a bath, is worth from $8000 to $9000. Chairman Thomson asked for comments from the audience'. Mr . Robert Shawn, 20678 Shelley Drive , asked what easements were involved. The City Planner said there will have to be some provision on Lot D to get the power supply extended to Lot C . It was moved by Comm. Hirshon and seconded by Comm. Traeumer to close the Second Hearing . Motion carried, 6-0 It was moved by Comm. Gates and seconded by Comm. Small to: approve the Record of Survey and application 13-V--64, subject to the 12 standard conditions that apply and : 13 . That the proposed development go through H-Control. 14 . Fireproofing of the garage now near the .proPerty line of Parcel D on the Record of Survey. AYES : Comm. Frolich; Gates,• Hirshon, Small; Thomson NOES : Comm. Traeumer ABSENT : Comm. Johnson . . ,• Motion carried, 5-1 C . -14-V-64 ALPHA- LAND CO. : Application for a Variance ; 48 sq. ft. flat type sign for apartment .. Second hearing. Mr. H. Perry, of Alpha Land Co. , recapped the proceedings of _ the First Hearing. He said they would like. to put up one 48 sq. ft . sign, facing 'Saratoga--Sunnyvale Road.,-:and remove the two 24' sq . ft . existing signs . Chairman Thomson asked for comments from the audience . There were none. Chairman Thomson asked : "How do we keep the City from becoming dominated by signs when we grant a variance here? " Comm. Hirshon said he would rather see one sign here than a series of signs . Chairman Thomson wondered-if this 'is the way apartments should be advertised.. • • 411 Mr . Perry said they have 17 or 18 apartments on leases and all the rest are on a month-to-month basis . • . Comm. Traeumer agreed with the ,Chairman about the "spirit " of the sign ordinance . ' - • Mr . Perry said the Chief Building Inspector was not averse to this proposal . • It was moved by Comm. Traeumer and' seConded by Commo Gates to . • close the Second Hearing d Motion carried, 6-0 • Comm. Gates asked the City Attorney' if it was true that the applicant could actually put up six 24, sq. ft : signs and still be within the sign ordinance . _ , The City Attorney said he would have to check this out . The. Chief Building Inspector is the • "expert " on the sign. ordinance'. It was moved by Comm. Gates and seconded by Comm, Traeumer to defer .the vote on application l4-V-64 until • the next regular meeting, at which time the City Attorney can give an interpre- tation of the Sign Ordinance as it applies in this case . Chairman Thomson amended this motion to also add that the City Attorney report on the limitations on various sizes of buildings . . and what the maximum size of signs is in the City of Cupertino. AYES : Comm. Frolich, Gates , Small, Traeumer, Thomson NOES : Comm. Hirshon . ABSENT : Comm. Johnson 111 'Motion carried, 5-1 • D. 19-Z-64, DON EXCELL: Application for rezoning from R-2-H to R-3-H; 0.8 acres east of Foothill Blvd. at Walnut 'Circle . Second Hearing. Mr . Gene Masten, Civil Engineer, chose to answer those arguments ., brought forth at the First .Hearing. • 1. Spot zoning. He displayed a large map showing all along Foothill Blvd, where there is 'a variety of commercial zoning; a warehousing operation at the rear, and a convalescent hospital is' going in close, by. He felt this would be compatible zoning. 2 . It would be dumping a lot of traffic directly onto Foothill Blvd.. He said Foothill Blvd .. is a 901 street ' and is de- signed to take the traffic . 3 . Height of the buildings; no. control over. the height under R-3 . Mr. Masten said there is no. economical. reason to go more than two stories , 410 4. Some existing residences in the area are . sing:le. ..story.' Mr. Masten said Mr. Excell was asked by the Planning Com- mission to vary the buildings in the neighboring property so he put in some single ator'y, based on that. .recommendation, �6- P • I 5 . Number of children in apartments . Mr . Masten said be had no st-atistics as to the number of children living in apartments versus the number living in R-2 or R-3 type housing. However, no miter what type of c+' i g they e -rl 7 istill Foot- hill r;,.��.y l_�ve;... in, cl.�.=�y wc•�.z:Ld. have to cross roo.,® hilt_ Blvd. to tee:L to the pa.rkc:. Mr. Masten then reviewed the proposal of four buildings with four living units in. each. Parking is to the rear , off side streets . There are no entrances from Foothill Blvd. Sidewalks and street improvements would all be rn ?n and there would be a pool. There willonecovered andoneopen car space for be b..:.�(_t G"'C:'.i. c each unit. There is a distance of 40 @ from the rear of the building to the rear of the property line , Comm. Traeumer asked the City Planner if this wasn 't rather narrow. The City Planner said that it was.. Comm. Hirshon asked if there were any reasons other than economical for this proposal. Mr. Masten said the applicant is concerned about, sales for the property directly on Foothill Blvd. Mr. Excell feels apartments . would do better here . The duplexes are usually owner-occupied in the one unit . Mr. Excell sells the duplexes . The City Planner defined spot zoning. He said one case is where the developer asks for less density; develops; and then comes back in for high density for unsold lots . He said. these lots are too small to meet the requirements for R-3, unless they are merged :into one lot , in which case they can accommodate twenty unite L„aximum. The City Planner said the parking situation "must also be taken into consideration. The ordinance requires two garage and park- ingspacesper dwelling unit . Actually, areabout 2-1/2 there cars per dwelling unit in Santa Clara County today, and the number of cars is increasing. If twsrd y "units are put on this property the adjoining streets would be crowded with curb parking. In regard to the number of children living in R-3 versus R-2, the City Planner agreed that apartments had fewer children per unit , but there would be more children per acre . He said an increase in density here is undesirable . The City and Traffic Planner said it is very dangerous to come directly out to the Blvd . from this development; however, the displayed plan shows them going out through the side streets , which is acceptable. Chairman Thomson asked for comments from the audience; There. were none . • It was moved by Comm. Gates , seconded by Comm. Hirshon, to. close the Second Hearing. r 1- O_.n. Cc..rr- ".e ds p J v 410 ,1 • Chairman Thomson said that all:Theugh this section Includes the hills , there is a]reaJy quite .1 number of multiples He said there is a total of L80 acresUzoned R-3, of whch only 50 are developed so fay . He had hopes tha':; bhe new set of ordinances would imnrove on the R-3 . At Ipresent , it allows too high density. Chairman Thomson noted there js a school across the street from this property, which provides cv2n space and makes this a more valuable piece of property. H 1 III It was moved by Comm. Traoumely, seconded by Com. Frolich, that application 19-Z-64 be denied. 1 , AYES : Comm. Frolich, Gates , ,..)mall, Traeumer, Thomson. NOES : Comm. Hirshon ABSENT: Comm. Johnson I Moti ,n carried, 5-1 1 1) % Chairman Thomson advised the applicant of his right of appeal, ..1 .:,.> E. 12-U-64; CUPERTINO CHURCHHOF THE NAZARENE : Application for a Use Permit for a church site at the SW corner of Wolfe Road and Richwood Drive . 'First HearAng Mr. George Oaks , one of the owners of the property, made the presentation including elevations , etc . , of the proposed buildings . He said it is his policy to locate churches and, so far, he has located eleven of them I. Mr . Oaks said this property is directly across the street from mar commercial, and is near multlif v ami3 and single- family dwellings , III -'' He feels this would constitute a good buffer between residential ", and commercial. He said there vv'ould b 70 from the end of the sanctuary to the property lini . In regard to the parking, Mr . Oaks said the shopping center peopie across the way have agreed to take care of the ovdrflow of parking. An affidavit to 1. this effect was given to the City Planner . il Mr . Oaks said all eleven of the churches he has located have been across the street from shoppingicenters . This allows extra parking and lighting. Church meetings usually do nob coincide with peak shopping periods . Details about the churcIA were Ipresented• by Rz., Irwin Hawes, a representative of the architect . The quarter-million-dollar , investment will include a sanCtuary with a seating capacity of 300 and on-site parking space S for 41 cars , These plans are to be incorporated into the Minu'des of this meeting,. e ' . Mr . Hawes said the edifice would have a stone veneer and stained glass trim. The building will be stucco with heavy wood fascia 410 and asbestos shingle roof. The City Planner said this was a good location for a church. He commented that it was a good idea to have the parking spaces on the area adjoining the residential lots ; nerales this should be a condition in the motion, -- --- 1 - 1 :. i...._ . - • • • The Chairman asked the City Attorney if it would be valid to have a comment from the shopping center management . • The City Attorney said they should have an easement running from the church to the shopping center. :F.t may be all right with the present tenants of the business establishments , but may not necessarily be with any succeeding tEnants. It was ee.-;tabl'i.shed the applicant would need a non-exc lus ve easement to park 35 cars at the shopping center. • Mr . Robert Harrington, Manager of the Mayfair Market, said this was a verbal agreement between. him and his District Manager. He had no written consent from him. • The City Attorney cautioned that oral permissiOn could be revoked at any time . . Chairman Thomson asked for comments from the audience . Mr. John a-mims, 10165 Vicksburg Drive , said hid property adjoins • the parking lot at the one ends; He said he is not against churches , but When he bought his home he was told (erroneously) that the adjoining property was zoned R-1 but now he finds he is about to be surrounded by anything but R-1, • Mr . Charles Carrier, East Estates Drive, asked -about the distance from the. Church to the property line . Ha Was told it was aboUt 401 . He then asked about, the required parki.ng ratio. The City Attorney explained that this does not necessarily have to be on-site parking. Mr, Zemms .asked if .ET-Control comes next . He said that on the east 'side of his house are duplexes . They did not put up :a fence, making his fence vulnerable to those tenants 'backing up, etc , Mr. Hawes indicated that the church plans -to utilize wheel bump&cs for diagonal stalls, which should eliminate this problem.. Mr . Oaks said he would be willing to go along with buffering by means of plantings• large enough to be effective and will bring in a landscape architect to work this out, Comm. Frolich asked when. they planned •to build 1`•qr. 7--3ob Anderson, representative from the church, said :they plan to build the sanctuary first and perhaps the front portion of the rest . Portions will be two-story, Comm. Small asked if surfacing of the parking lot will be in the first stage of development . He was told that it would . Comm. Frolich questioned whether the applicant had considered the property directly behind the Mobil%Station for parking area . Mr . Oaks said he- would check this. out before the Second Hearing. It was moved by Comma Traeumer, seconded .by Comm. Frolich to • • - close the First Rearing. • . Motion carried, 6-0 • • ' - '• . . • Chairman Thomson instructed the a.pplfLcant to ihve.stiga be the• park- ing easement on. the Mayfair Market proPerty and the property to • the rear of the Mobil Station before the Second Hearing.4 . . Chairman called fur a 5- LIIirsete ' 9... • ® 411 F. 15-V--64; E. & R. MOYERS : Application for a Variance to extend a building to withih six feet of the property line at 22480 Starling Court , First Hearing. Dr. Moyers explained that he is outgrowing his home so he wants to enlarge it by 14+ ' to 15 ' He is on the corner of a cul de sac . There are duplexes adjoining his property to the rear. He plans to put no windows along the rear wall. , IID Chairman Thomson said that , for reasons of space and light, he would be against a two-story blgilding here . He felt this should be in the conditions if this variance is granted The Chairman asked for comments from the audience. Mrs . Gilbert, 10562 Foothill Blvd . , said she owns the duplex directly to the rear of the Moyer property and has a 12 ' rear yard: In addition, an eesemenit goes through her yard so if there is any problem with the plumbing her yard would have to be torn up. The City Attorney pointed out that the reason for a variance here must be hardship. Dr. Moyers; said he is going to out-grow his house and must either add on t,o it or sell and buy a larger home . It was moved by Comm. Gates , seconded by Comm. Hirshon, to close The Public Hearings . When it became apparent that a roll call vote was necessary here the motion was withdrawn. It was moved by Comm. Traeumer, seconded by Comm. Small to close ;'• the First Hearing. ►� AYES : Comm. Frolich, Gates, Hirshon, Small, Traeumer, Thomson NOES : None ABSENT : Comm. Johnson Motion carried, 6-0 The City Planner said it was desirable if the Commissioners could go out and look at this property before the Second Hearing. Chairman Thomson said this was his intention. i G. 16-V-64; SALVATORE A. MARCHESE: Application for a Variance to allow 58 ' lot width instead of 70 ' on a portion of lot #35 on the east side of Blaney! Ave. , between Pear Tree T�ne and Merrit Drive . First Hearing . Mr. Don Ryan, representing Mr. Marchese , submitted a plot plan. He explained this property was split in 1958, and this is the only remaining land. Its net depth is 195 ' . There is a house to the south on the same size lot,. The house to the north is set back about 80 ' . II The City Planner explained that this lot was shaped when we had the County Ordinance so he feels this is a hardship case . He had no objections to this variance . Comm. .Frolich commented that tlZis looks like one that should be granted and referred to the H-Control -1.0-- i 0 i Mr . Marchese said this lot was cut up 6--7 years ago and does not know what else could be done with it . It was • moved by Comm. Gates , second d 'icy Comm. Traeumer, to close the . Public Hearings . Motion carried, hr0 - • IIP It was moved by Comm. Frolich and seconded by Comm, Traeumer that application 16-V-64 be granted, , ub.je_:L to approval of..the, build- ing and site by H-•Control before the building permit is issued AYES : Comm. Frolich, Gates , Hirehon , Small, Traeumer, Thomson. NOES : None ABSENT : Comm. Johnson • Motion carried, 6-0 The applicant was. informed that his . application would next be reviewed by the City Council. > H. 2O-Z--64; P. & R o . CAMARDA: • Application for rezoning from . • R--1 :B.-2 to R•-2-H of 2 acres at Vista Drive between—Forest Avenue and Appletree Drive . First Hearing. Mr. Camarda was represented by Mr. Don Bandley, 21490 Columbus Avenue . He said this property is across from the school site and has been exposed to the ' market but just does not have any appeal because of the location. Another factor is that the • economics of farming two acres of cherries is not feasible. He ® also stated that Mr. Camarda never did own any of the adjoining property. Mr. Bandley.. explained that Mr .. Camarda does not want to have to go to cheaper housing because of the cost of the street improve- ments , etc . • Comm. Traeumer asked the appl LC( nt if he had any objections to single-story rather than two-story . Mr. Bandley said that would be all right , The City Planner pointed out that the present zoning ordinance • says R-2-H requires 1-story buildings . He also stated that this is identical with. the application before the City a few months ago when he was new here . At that time he felt that duplexes would be compatible with the surroundings . He felt that they would look very similar to adjacent homes . He is of the same opinion now, Mr. Bandley felt the curbs and sidewalks would be an asset to the area .. He said that if there was more •depth to the property it would be easy to put a nice, large home here . People who usually reside in duplexes don 't require large yards ., . t III Chairman Thomson asked for comments from the .audience Mr. Joe Dumont, 7669 Rainbow, said from a roa.l estate man 's view- point, an R--2 would be better that R-1 directly across the street from a school ,. There is more difficulty in marketing an R-1 than R-2 in a location s i;.ch as this Lane ' as ed much ,� � ' much back yard Mr . John Brooker, 10?35 Pear Tr°ee � �-�k how would be left Mr. Bandley said. they haven 't reached the stage where site and elevations are drawn up, There could be 8-9 lots here . Mr . Brooker then asked what the controls were governing duplexes . The City P i_ann.er said the total of both, side yard set- backs are not to be less than 20% of the lot width. Rear yard setback to be 20 ' or 20% of lot depth Mr . Brooker then asked how large a lot depth is contemplated here , Mr. Bandley said it would be 844 ' to 86 ' . • • Comm, Frolich asked what it would be after street dedications , Chairman Thomson. said lot width would be close to 100 ' Comm. Frolich said that this prOperty lies across the street from an office building (school administration office ) and parking lot Comm. Traeumer noted they would almost have two 100 ' wide lots -- spacious looking frontage . . Mr , Bandley said the duplexes would be build according to re- quirements of the individual customer. Comm- Hirshon asked what type of construction was contemplated. Mr. Bandley said it would probably be ranch type . 1 Mr. Camarda said he checked with 9 property owners abutting his property and actually talked with 6 of them. They naturally preferred that it remain undeveloped; however , they all preferred duplexes over split=level, Mr . Camarda said it would not be economically feasible to build alnything inferior here because he lives close by and still owns property up the street , Mr. Robert McE_lliott , Vista Dr.1ve, said he had no objections to • .this plan. He said he objected 'lthe previous application because he objected to the builder involved in- the deal. It was moved by Comm. Hirshon, seconded by Comm. Traeumer to close the First Hearing, Motion carried, 6-0 • V UNFINISHED BUSINESS ---- None I VI NEW BUSINESS • A. Miscellaneous • 1, . 51,087; MAC KAY & SUMPS : Application for extension of time for • filing a final map for "Lands of .Bogdanich" at Linda Vista Dr . . The City Planner explained this vas for prolongation of time before the tentative map must be filed„ MINUTE ORDER : Moved by Comm. Traeumer. , seconded by Comm. Gates to extend by one year the tir:ie fo the .filing of a final map for "Lands of Bogdanich " at Linda Vista Drive AYES : Comm, Frolich, Gates , Hirshon, Small, Traeumer , Thomson NOES : None • ABSENT : Comm. Johnson Motion carried, 6-:0 • -l2!- 411 2 . 51,151; P. CAMARDA: Record of Survey; 4 parcels of lot #34, SW corner of Blaney Ave . and Forest Ave . The City Planner said he and the Assistant City Engineer have discussed this and feel this should be a Tentative Map rather than a Record of Survey. The City Planner added that we do need the street improvements here , which most easily are made re- quirements of a Tentative map, • Comm. Frolich asked if the Commission would then have to delay this until letters are sent to the various agencies . The City Planner saw no need for this delay because there is no problem. The City Attorney felt this could be treated as a Tentative Map and require they put in the street improvements .. Mr. Camarda said the City Engineer said 150 ' of street improve- ments would be required here . Mr . Don MacKay, Engineer, said they would like to have this treated as a Record of Survey with the condition of the street improvements . Mr. Camarda said he just wants to improve the street in front of his property,not that in front of his father 's property. It was moved by Comm. Frolich, seconded by Comm. Gates to table File 51,151. AYES : Comm. Frolich, Gates, Hirshon, Small, Traeumer, Thomson • NOES : None ABSENT: Comm. Johnson Motion carried, 6-0 411 _ ( 3 — 111 VI NEW BUSINESS A. Miscellaneous 9-TM-64 3 . """ N Tentative Map for 5 acres / between Mary Avenue and Stevens Freeway. Comm. Traeumer abstained from this Hearing. Mr. Lou Tersini and Mr. Herman Ruth, Planning Consultant , made the presentation. Mr . Ruth explained that Cupertino Greens will be on the property formerly known as the Saich property. It fronts on Mary Avenue and is separated from the remainder of the R-24-H Zone by the freeway. It will contain 20 single-family units and 17 courtyard units. The residential portion of the initial 5-acre parcel totals 2.4 acres ; 1.2 acres will be taken up by streets ; and parking in bays will occupy 0.2 acres ; and 1.2 acres will be for open spaces . p Mr . Ruth pointed out that, with R-24-H Zoning, they could legally go to over 600 units in their total area, on both sides of the freeway, but they are planning for only 283 units . Of the original 48 acres , over 10 acres went to the freeway, leaving 17 acres in residences , 7.5 acres in streets , 3 .7 acres in parking bays and 10.3 acres of open space . Of the total area, 26.7% is devoted to open space . It was brought out that , at the time of the rezoning Hearings , ingress and egress was the big problem. Considerable study has gone into this and it was decided that Peninsula Avenue ' would be the main access street . University Avenue will be widened and the State will widen Lowe Avenue . The interchange at Stevens Creek Road will be relocated . All exits must be to the south. Southern Pacific Railroad has indicated they will release 5 ' (or 10 ' , reluctantly) . They would require condemnation, for tax reasons . The living units will be 1078 to 1868 sq . ft . Each unit will have two parking spaces in a garage and a parking apron. There will be a north-south pedestrian walkway, a pool, a club house , and tennis courts . The way the units are oriented, it makes it impossible to look into the neighbor- ing yards and maximum privacy is insured. Comm. Small asked about the ingress and egress for the 5-acre portion. He was told it had access to Mary Avenue . Comm. Small then asked what provision has been made for the upkeep of the private streets . Mr. Tersini said a Homeowners Association membership would be mandatory and funds for maintenance of the common areas and streets will come from the dues or maintenance charges . Comm. Small asked if there would be overhead or underground utilities . Mr . Tersini said a modified underground utility situation is being contemplated . The City Planner said he has reviewed these plans and would like to see this kind of development in Cupertino . He said this actually is a R--1-C with density increased under a special clause , which would allow higher density than R-1 where the existing zone is R-2, R-24-H, or R-3-H. The R-1-C zone exists of course only as a draft at this time . The City Planner questioned whether this development would be legal under the present R-2L-H Ordinance because these are single- family lots proposed. Mr . Ruth felt that it would be legal and quoted Section 2.5 of Ordinance 002 (k) . Comm. Frolich asked if this is a Tentative Map approval Hearing. Mr . Tersini said the Tentative Map, actually presented, is obsolete because there was an agreement with the City Planner to reduce the three entrances shown to two. Definitions were then discussed. Common walls usually refer to apartment house situations . Double walls occur in town houses on individual lots . After due consideration, the City Attorney felt it would be wise to recommend to the City Council that they amend the present Emergency R-24 Ordinance to include covering all types of residential dwellings . MINUTE ORDER: It was moved by Comm. Small and seconded by 411 Comm. Hirshon to respectfully request the City Council to look into the possibility of an amendment to the R-24 Ordinance to include single family and condominium units . AYES : Comm. Frolich, Hirshon, Small, Thomson NOES : None ABSENT : Comm. Johnson ABSTAINED : Comm. Gates , Traeumer Motion carried, 4-0 VIII ADJOURNMENT Meeting adjourned at 11 :55 P.M. APPROVED : /s/ Scott Thomson Chairman ATTEST : City and Traffic Planner /S—