PC 03-08-76
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-450S
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON MARCH 8, 1976 IN THE COUNCIL C~~ER, CITY HALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
Chairman Gatto called the meeting to order at 7:35PM with the
Salute to the Flag.
ROLL CALL
Comm. present: Cooper (7:40), O'Keefe, Woodward, Chairman Gatto
Comm. absent: Adams
Staff present: Director of Planning and Development Sisk
Assistant Planning Director Cowan
Assistant City Attorney Kilian
Assistant City Engineer Whitten
APPROVAL OF MINUTES
This was postponed until later in the evening, since only three
Commissioners were present at this time.
POSTPONEMENTS
Item us - Application 6-Z-76 of MAY INVESTMENT COMPANY.
The Planning Director stated the applicant needs additional time
to work on the grading plans, etc. There is the possibility that
this may be taken off calendar.
Moved by Comm. O'Keefe, seconded by Comm. Woodward to continue
application 6-Z-76 to March 22, 1976.
Motion carried, 3-0
WRITTEN COMMUNICATIONS: None.
ORAL COMMUNICATIONS: None.
PC-220
Page 1
6-Z-76 cont'd
to March 22nd
PC-220
Page 2
MINUTES OF THE ~ÀRCH 8, 1976 PLANNING COMMISSION MEETING
PUBLIC HEARINGS
1. Application l6-Z-75 of EDMUND F.. SCHNIEDERS, JR.: REZONING
approximately 8.5 acres from CG (General C~ercial) to R1C'
(Residential, single-family, cluster, 12 units per gross acre)
zone or whatever Zone may be deemed appropriate by the Planning
Commission. Said property is located at the northwest corner of
the intersection of Saratoga-Sunnyvale Road and Homestead Road.
First Hearing continued.
The Assistant Planning Director identified the property on the aerial
photograph. He referred to details in the March 5, 1976 memo from
the Planning Director in regard to this application. This parcel
is adjacent to the Forge property currently in the Williamson Act
to the west, multiple-family housing to the north and the east, and
the Payless Shopping Center to the south. The staff report
addresses the need for a sound wallar sound flanking when this
property is developed.
The Assistant Planner next displayed on the screen a series of colored
slides of this and adjacent properties. The mature trees on the
property will be maintained. A condition was attached to the staff's
recommendation for approval which requires planting along the fence
line to provide privacy protection for Sunnyvale residents.
Another factor introduced by the Planning Department is the opportunity
for people to look out of the upstairs window into the adjacent private
yard within the development. However, the developer has, through
staggering of the structures, successfully minimized this problem.
The use of single story units adjacent to driveways helps to mitigate
the canyon effect.
The Assistant Planner next reviewed the site plan on the bulletin board.
He pointed out those units that will be noise impacted and thosé units
that will have visual privacy intrusion.
The City has a well at the northeast corner of this property, and a
20' wide clearance is needed for the equipment to get back there for
maintenance. It will have to be accoustically isolated.
The Assistant City Engineer said the utilities will have to be under-
grounded.
Mr. Ed Schnieders, the developer, said they have worked closely with
the Planning staff and have tried to meet with the constraints placed
upon the property. He said it is their intention to show landscaping
at each entrance, which will break up the appearance of the street.
MINUTES OF THE ~~CH 8, 1976 PLAJillING COMMISSION MEETING
In regard to the requirement of double windows, Mr. Schnieders
said he has been advised there is a manufacturer with a single or
double glazing of the glass that will meet the standards. It is
his opinion that there is a simpler solution to the sound problems
than has been recommended.
PC-220
I Page 3
i
I
The developer is anticipating FHA approval for these units. If ~
not, there is conventional financing available.
The Assistant Planning Director said automatic garage door opener
should be required where the driveway is less than 20' long to
avoid having a car left partially in the traveled lane.
Mr. Schnieders said we are talking about $l50 for the roll-type
garage door and another $l50 for the automatic openers. He said
he would be willing to accept this condition, even though it will
add to the cost of the units, because it will improve the looks
of the overall development.
Mr. Schnieders answered Comm. Cooper that it is not their intentio
to fence any area other than the pool area.
Chairman Gatto asked for comments from the audience.
Mr. Otis Forge, 20691 Homestead Road, Cupertino, stated his is th
ranch that is in the Williamson Act, just west of this project.
He asked what kind of barriers will be provided to keep the kids
out of his orchard. Not only is he concerned about the condition
of his orchard but also about the liability. Mr. Schnieders
pointed out that the common area does not touch the adjacent
property. There will be a 6' staggered wood fence. Mr. Yorge
contended that a wood fence would not be adequate and he asked that
a solid masonry wall be constructed instead.
Mrs. Forge, 2069l Homestead Road, Cupertino, said their orchard
is an "attractive nuisance" for the children, and she does not
mind if they come and pick some of the cherries. But she does I
object when they come in the middle of the night. Also, they have
beehives, and tnis presents a potential problem. Mr. Forge added
that some youths with BB guns had hit some of his ranch workers.
He said the solid masonry fence would keep the ranch noise away
from the residences. Further, it would keep the spray away from
the residences.
Mr. Richey, 546 LaConnor Drive, just north of this development,
said that when these units are constructed he will be looking
directly at 2-story units just 20' from his property. This will
infringe on his privacy. He answered Chairman Gatto that his
fence is 35' from his structure.
PC-220
Page 4
MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING
Mrs. Clara Wickman, 530 LaConnor, stated there is a l' difference in
elevation between the properties, which makes it easier for the children
to climb over the fences.
Mr. Walter G. MacFatti, 1640 Albatross Drive, Sunnyvale, said he lives
to the east of this property. He asked what the land coverage is with
this plan. He questioned whether the fire department could get their
equipment in there. The Assistant Planning Director said the project
has been reviewed by the Fire Marshall. There are 106 individual homes,
two-story, attached, into groups of 4 to 6 units per structure.
Each unit will have a 2-car garage and 2 or 3 parking spaces as well.
There is a total of 380 parking spaces.
Mr. Otis Forge stated that thousands of yards of rocks, etc., have
been dumped on this property. He does not want them dumped, in turn,
onto his property. Further, he wants the height of the fence measured
from the highest side.
Mr. Schnieders answered Carom. Cooper that the property is relatively
level. He believes some of the problems stem from the fact that the
land is vacant at the present time. They will screen with landscaping
along the north property line. Comm. Cooper suggested pyracantha be
incorporated into the landscaping. It is very effective in keeping
children off the fence.
Mr. Richey said he is less concerned about the loss of his view than
he is about the two-story units immediately behind him. He asked if
the developer would consider single-story units directly behind him,
on the basis that the original zoning called for 8 units per acre and
this developer is getting 12. Mr. Schnieders answered that there is
not enough square footage to allow a livable single-story unit there.
Mr. Forge wanted to add the remark that he felt the developer under-
estimates the amount of material dumped on this property.
Moved by Carom. O'Keefe, seconded by Comm. Cooper to close the
public hearing.
Motion carried, 4-0
Comm. Cooper felt that, generally speaking, the developer was doing
an admirable job. She suggested again that pyracantha be planted
along the Forge property line.
Comm. O'Keefe said he is not satisfied with the project. He feels
the density is too intense. He said he was going to abstain on the
vote and, thus, will have the opportunity to vote on it at the City
Council level.
Chairman Gatto added that the intensity was consistent with the General
Plan.
MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING
PC-220
Page S
Chairman Gatto said the intent of the City is to allow lower-
priced units to fill a need of the City. Generally, the project
was acceptable to him. Some of the problems can be worked out
with the staff. He made a few suggestions to help minimize the
privacy problems. He suggested an 8' solid wall be placed to
block off the view of the roadway.
Comm. O'Keefe cOllDnented that when you expand to 12 units per acre
you get a different type of community.
Moved by Comm. Cooper, seconded by Comm. Woodward, to approve
application l6-Z-76 with the 14 standard conditions, 15, 16 ana
17 as written in the staff report, 18 as modified, 19 through
26 as in the staff report, 27 as modified, and the addition of
conditions 31 and 32.
l6-Z-76
ap1?roved
(PC Res lS02)
AYES: Comm. Cooper, Woodward, Chairman Gatto
NOES: None
ABSTAINED: Comm. 0 'Keef e
ABSENT: Comm. Adams
Motion carried, 3-0-1
Comm. Cooper commented that it is about time something is approved
that sells for less than $85,000.
2. Application 3-Z-76 of GOOD SAMARITAN UNITED METHODIST CHURCH:
REZONING 1.6 acres from Al-43 (Agricultural-Residential,
single-family, l-acre lots) to BQ (quasi-Public Building) Zone
or whatever zone may be deemed appropriate by the Planning
Commission. Said property is located at the southeast corne~
of the intersection of Homestead Road and Linnet Way. First
Hearing continued.
The Planning Director recapped the first public hearing on this
application. He then reviewed the March 5, 1976 staff memo on
this application.
Architect Warren Gilbert indicated they have restudied the height
of the multipurpose building. They have lowered it and changed
the character of it somewhat. He said he has read all the condi-
tions of approval recommended by the staff and he accepted them.
Comm. Woodward asked what elimination of the patios in favor of
parking would do to the architecture. Mr. Gilbert said nothing
changes except it moves the parking somewhat closer to the
building.
PC-220
Page 6
3-Z-76
approved
(PC Res lS03)
MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING
Mr. Gilbert answered Comm. Cooper that they will consider lowering
the Sanctuary 2-4' and they would like to have this flexibility. It
is now 34' high to the base of the spire.
Chairman Gatto asked for comments from the audience.
Since there were none, it was moved by Comm. Woodward, seconded by
Comm. Cooper to close the public hearing.
Motion carried, 4-0
Chairman Gatto suggested the H-Control review the landscaping with
the idea of planting of all the trees,,',if feasible, at one time so
they will have as much time as possible to mature.
Comm. Cooper said she is still concerned about the mass of the large
building and would like to include a condition to adjust the height and
mass of the building but not the square footage inside. It should be
scaled more appropriately with the adjacent buildings. The undulation
of the roof made it appear to her to be more massive.
Comm. O'Keefe said he does not believe he can tell the Good Samaritans
how to design their church.
Mr. Gilbert said the windows and the up-and-down roof takes away
from the mass of the building. As they get into the working drawings
they will lower the roof somewhat without destroying the style they
have created.
Comm. Woodward said the east elevation was not on the bulletin board.
He said the decrease in the height of the multipurpose room was a
gr eat improvement.
Moved by Comm. Woodward, seconded by Comm. Cooper to recommend to the
City Council approval of application 3-Z-76, subject to the 14 standard
conditions and lS through 19 in the staff report.
AYES: Comm. Cooper, Woodward, Chairman Gatto
NOES: None
ABSTAINED: COIDIn. O'Keefe
ABSENT: Comm. Adams
Motion carried, 3-0-1
MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING
3. Application 3-TM-76 of JOHN W. HAYNES: TENTATIVE MAP
combine 0.2+ acres into one parcel. Said property is
at the southeast corner of the intersection of Lomita
Pasadena Avenues. First Hearing.
to
located
and
The Assistant Planning Director located the property on the aerial
photograph. He referred to details in the March 4, 1976 staff
report on this application. The General Plan designation for this
property is 4.S.
Mr. John W. Haynes, the applicant, said he wished to combine these
two lots because they are worthless unless they are combined.
He wants to put a triplex on the property, for which it is zoned.
Hoved by Comm. Woodward, seconded by Comm. Cooper to close the
public hearings since there were no comments from the audience.
Motion carried, 4-0
Moved by Comm. Cooper, seconded by Comm. Woodward to approve
application 3-TM-76 with the 14 standard conditions.
AYES: Comm. Cooper, Woodward, Chairman Gatto
NOES: None
ABSTAINED: Conm. O'Keefe
ABSENT; Comm. Adams
Motion carried, 3-0-1
4. Application S-Z-76 of MINORA TOGAMI: PREZONING 0.2+ acres
from Santa Clara County Rl-6 (Residential, single-family,
6,000 sq. ft. per dwelling unit) to City of Cupertino Rl-7.5
(Residential, single-family, 7,SOO sq. ft. per dwelling unit)
zone or Whatever zone may be deemed appropriate by the Planning
Commission. Said property is located at the southwest corner
of the intersection of Orange and Dolores Avenues. First
Hear ing .
The Assistant Planning Director explained this property is
directly across the street from the Ponderosa development. It is
entirely consistent with the General Plan.
The applicant was in the audience, but declined to comment.
Mr. Vern Kendall, 21746 Neunan Court, asked about the terminology
of "4." The Assistant City Attorney advised the phrase "or
whatever zone may be deemed appropriate..,. ." provides flexibility
during the public hearing.
PC-220
Page 7
3-TM-76
approved
(PC Res.lS04)
PC-220
Page 8
5-Z-76
approved
(PC Res .1505)
MINUTES OF THE ~\ARCH 8, 1976 PLANNING CO~lISSION NEETING
Since there were no further comments from the audience, it was moved
by Comm. Cooper, seconded by Comm. HoodlOard to close the public
hear ing.
Motion carried, 4-0
Moved by Camm. Woodward, seconded by Comm. Cooper to recommend to the
City Council approval of application 5-2-76.
AYES: Comm. Cooper, Hoodward, Chairman Gatto
NOES: None
ABSTAINED: Comm. O'Keefe
ABSENT: Comm, Adams
Motion carried, 3-0-1
Chairman Gatto called a recess at 9:30 p.m. The meeting reconvened
at 9 :45 p.m.
5. Application 6-2-76 of MAY INVESTMENT COMPANY
At the beginning of the meeting this application was continued to
March 22, 1976.
6. Application 7-2-76 of MEASUREX CORPORATION: PREZONING 2.0~ acres
from Santa Clara County ML (Light Industri~l) to City of Cupertino
ML (Light Industrial) zone or whatever zone may be deemed appropriate
by the Planning Commission. Said property is generally located
adjacent to and easterly of Imperial Avenue between Granada and
Olive Streets plus one parcel located in the northwest quadrant of
the intersection of Lomita and Imperial Avenues. First Hearing.
The Assistant Planning Director identified the property on the aerial
photograph. In terms of the General Plan, it is entirely consistent
with the City's existing General Plan. He said the primary issue here
concerns existing industrial buildings representative of this Va1ley's
past. The staff recommended a minute order proposing a moratorium
be placed on the destruction of these buildings within the City of
Cupertino that may have some historical significance. The economics
must be studies as to whether or not Measurex could function with these
buildings on the property. Also, it must be checked to see whether
these buildings meet the Building Code.
MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING
Comm. Woodward was answered that Measurex would have to have
H-Control review in the event they chose to extend their road
through to Imperial Avenue. The Assistant City Engineer said
Engineering Department would also have to study it.
on
the
Measurex Plant Engineer Wes Burgin, One Results Way, Cupertino,
said the property was purchased from Mrs. Woelfel last fall.
Of the seven acres, five have already been annexed to the City of
Cupertino and the the other two are in the process. He said the
cannery was build in 1927, and the warehouse was built in the
1940's. At the present time, they do not plan to do anything wit
the cannery buildings. It will be in the early to mid 1980's
before they do anything with this property.
There were no other comments from the audience.
Moved by Comm. Woodward, seconded by Comm. Cooper to close the
Public Hearing.
Motion carried, 4-0
Moved by Comm. Cooper, seconded by Comm. Woodward to recommend
to the City Council approval of application 7-Z-76 as recommended
by the staff.
AYES: Comm. Cooper, Woodward, Chairman Gatto
NOES: None
ABSTAINED: Comm. O'Keefe
ABSENT: Conun. Adams
Motion carried, 3-0-1
Comm. Cooper said it would behoove the City to take a look at
what historical buildings are left in the City of Cupertino.
PCZZO
Page 9
7-Z-76
approved
(PC Res. lS06)
MINUTE ORDER: The Planning Conunission recommends the City Council (PC Res. lS07)
enact an interim ordinance to prohibit the demolition of any
structure until review and adoption of an Historical Element to
the General Plan and the Historical Zoning District. It is fur the
recommended that same interim zone include an appeal procedure for
the owner of the affected property.
The Planning Commission recommends the City Council enact a
procedure to allow review prior to all demolition permits
issuance.
PC-220
Page 10
S-TM-76
approved
(PC Res. lS08)
MINUTES OF. THE MARCH 8, 1976 PLANNING COMMISSION MEETING
7. Application S-TM-76 of 1. K. ISHI¥.ATSU: TENTATIVE MAP to subdivide
2.8± acres into sixteen single-family residential lots with one lot
containing existing single-family residence. Said property is
located adjacent to and westerly of Finch Avenue approximately 360'
southerly of the intersection of Sorenson Avenue and Finch Avenue.
First Hearing.
The Planning Director referred to the March 4, 1976 staff memo on this
matter. He noted there seemed to be some variation between the tentative
map and the fence line, so the staff suggested these lines be redrawn
so the fence line will not extend beyond that property improved on the
zoning plan; per Exhibit B.
Mr. Ken Iwagali, of Allied Engineering, stated he has gone over the
plans with the staff and has no objections to the staff's recommendations.
Moved by Carom. O'Keefe, seconded by Carom. Cooper to close the public
hearing.
Motion carried, 4-0
Moved by Carom. Woodward, seconded by Comm. Cooper to recommend to the
City Council approval of application S-TM-76 in accordance with the
staff recommendation.
AYES: Carom. Cooper, Woodward, Chairman Gatto
NOES: None
ABSTAINED: Comm. O'Keefe
ABSENT: Comm. Adams
Motion carried, 3-0-1
8. Application 4-TM-76 of SANDIS & ASSOCIATES: TENTATIVE MAP to adjust
lot lines between two parcels and to legaliza a land transfer between
two adjoining propertiés. Said property contains 1.lS acres and is
located northwest of Mt. Crest Drive and south of Linda Vista Drive.
First Hearing.
The Planning Director reviewed the proposal.
Mr. Peter L. Huttlinger, of Sandis & Associates, stated he had read the
staff report and agreed with it.
Chairman Gatto asked for comments from the audience.
MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING
Mr. Jim Hall, 11201 Santa Teresa Drive, Cupertino, wanted to know
specifically where this property is located. The Planning Direc-
tor pointed it out on the tentative map and explained the basic
issues. There were no further questions.
Moved by Comm. Woodward, seconded by Comm. Cooper to close the
public hearings.
Motion carried, 4-0
Moved by Comm. O'Keefe, seconded by Comm. Woodward to approve
application 4-TM-76 in accordance with the staff recommendation.
AYES:
NOES:
ABSENT:
Comm. Cooper, O'Keefe, Woodward, Chairman Gatto
None
Comm. Adams
Motion carried, 4-0
APPROVAL OF MINUTES
Moved by Comm. O'Keefe, seconded by Corom. Woodward to approve the
Minutes of February 23, 1976, as submitted.
Motion carried, 4-0
Moved by Carom. O'Keefe, seconded by Carom. Cooper to approve the
Minutes of February l8, 1976, as submitted.
Motion carried, 4-0
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
REPORT OF PLANNING COMMISSIONERS
Carom. O'Keefe said goodbye to the Commissioners. The Commissioner
said they hope to send him food for thought while serving as a
Council Member.
REPORT OF. PLANNING ,DIRECTOR; None.
ADJOURNMENT
Chairman Gatto adjourned this meeting at lO:24 PI! to 7:30PM on
Thursday, Maré:h' 11, 1976.
ATTEST:
~PROA:
~M.
(_C irman
C1~P
PC-220
Page 11
4-TM-76
approved
2/23/76 Minute,
approved
2/18/76 Minute,
approved