Loading...
HomeMy WebLinkAboutPC 10-28-6310321 S. Hwy 9, Cupertino, Calif., 95014 252 -4505 C I T Y OF C U P E R T I N O CUPERTINOi C LI RNIA MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION - 10/28/63 PLACE: Board Room, Cupertino Elementary School District 10300 Vista Drive, Cupertino TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL: MINUTES OF THE PREVIOUS MEETING, 10/14/63 Comm, present: Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich Comm. absent is Leonard Staff present: City Attorney Anderson Assistant City Engineer Shook Comm. Fitzgerald moved that, since the Commissioners only received their copies of the minutes of the previous meeting last Saturday and have not had sufficient time to study them, the approval of subject minutes was put off until the next meeting. Comm. Small seconded. Motion passed. III COMMUNICATIONS: A. Written (1) Letter from Oak Dell #2 (2) Letter from rez6ning. (3) Letter from garding pro 4 Dietz -Crane 5; Letter from rezoning of County regarding tract numbers for and Paradise West. County Planning Commission regarding Cupertino Union School District re- )erty they have for sale. thank you letter for variance granted. Attorney Edward R. LeCroix regarding Horse Farm. Comm. Small so moved that Application 93-Z -63 and 28- TM - -63 be placed on the agenda for the next regular Planning Commission meeting, November 13, 1963. Comm. Snyder seconded the motion. Motion passed, 6 -0. It was requested that the City Manager report on the County - City Park Chain at the next meeting. There is no C -2 zoning in the City currently and this type of zoning.is not planned for Stevens. Creek Boulevard. The Commission would like to know what this use is going to be. Comm. Fitzgerald will be at the County meeting on November 6th and is authorized to speak for the Cupertino Planning Commission. Comm: Small moved that the written communications be re- ceived and filed. Comm. Fitzgerald seconded. Motion carried. B. Verbal Attorney Edward R. LeCroix, 1241 Meridian, San Jose, stated that he was present to represent the Horse Farm. Chairman Frolich stated that before Mr. LeCroix arrived at the meeting, the public Hearing was rescheduled for November 13th. IV HEARINGS SCHEDULED: A. SUN BUILDING COMPANY: Appl. 96 -Z -63 to rezone approxi- mately 1/2 acre from R -1:B -2 to C -1 -H; southwest corner Highway 9 and McClellan Road. Second Hearing. Appl. 33 -U -63 for a Use Permit for a service station. -1- Mr. G. F. Lane, 3207 Grand Avenue, Oaklana, representea the applicant. He stated that there will be some surplus land not used by the gas station and he felt that the land not used would not be surfaced. He stated that half of the frontage and part of the rear would be occupied by the service station. Mr. Lane stated that all curbs and sidewalks would be put in but there is no point in surfac- ing the entire rear of the property, unless the Planning Commission requires it. Chairman Frolich asked for comments from the audience. There were none. Comm. Snyder stated that, in light of the fact that we are a young city and we already have 18 or 19 service stations, and from the standpoint of beauty and compatibility, he felt it was time to sit back and let the city develop a little more and probably the owner can come up with a better use for this property. Comm. Fitzgerald brought up the criteria the Planning Com- mission established about their policy on service stations; i.e., they must be a part of a commercial development, etc, Comm. Snyder moved the second Hearing be closed. Comm. Small seconded. Motion carried, 6 -0. Comm. Snyder moved to deny, without prejudice, Appl. 96 -z -63 for rezoning and Appl. 33 -U - -63 for a Use Permit for a service station. Comm. Fitzgerald seconded the motion. AYES: Comm. Adamo, Fitzgerald, Rampy, Small, Snyder, NNA�YYSS Frolich HNhT:CCC Om�m: Leon motion passed, 6 -0 B. WALTER A. EDWARDS: Appl. 97 -z -63 to rezone approximately 1/3 acre from R -2 -H to M -1 -H; west side of Peninsula Avenue approximately 400 feet north of Stevens Creek Blvd. First Hearing. Mr. Walter A, Edwards, 531 Shadow Ct.., San Jose, presented this application. He stated that the intended use for this property is for building materials distribution and sale. The Assistant City Engineer then read a petition of protest dated October 28, 1963, and signed by 76 persons. The reasons for protest were as follows: (1) The building would be next to a group of well -kept dupleses, (2) There is only one access road, (3) DeAnza College will be built within one block of this property, and (i) It would be an industrial block surrounded by residential, which in- dicates poor planning. Comm. Fitzgerald asked the City Attorney the role of the railroad at this point. Attorney Anderson stated the Peninsula Railroad made a northerly turn here. Southern Pacific has had a terminal here with rights to unload for many years. Chairman Frolich requested comments from the audience. Mrs. Christine Anger, 10185 Empire Ave., Monts, Vista, stated she has, through the years, worked hard to get sewers, curbs, re- modelling of older homes, etc. She was present when the master plan was unveiled a short time ago. She felt the granting of this appli- cation would be detrimental to the area because to her, it sounded like a temporary type of structure and felt it would not be kept up properly. Mrs. Irene Ward, 10178 Empire Ave., Monts Vista, lives across the street from Mrs. Anger and has an office and dry cleaning estab- lishment there. She has just finished remodelling and beautifying her property and feels a.business such as proposed would downgrade the area. Mr. Bob Talbert, 21466 Stevens Creek Road, Monts, Vista, stated that the wind now blows residue all over the neighborhood from the flatcars and the children play around the area and cause trouble and could get hurt there. -2- Mr. L. R. Collins, 10090 Peninsula Ave., Monta Vista, stated that Pioneer Supply was there before and all the paper and dirt blows onto his property from that business site. He also stated that there always were large trucks, etc., parked in this area. Mr. Gus Anger, 10185 Empire Ave., was the one who passed the petition around trouble in getting the people to sign it. natures in 2 hours and could have gotten a more time. Everyone he approached was aga business going in here. Monta Vista, stated he and had absolutely no He said he got the 76 sig- lot more if he d taken inst the building supply Mr. E. A. Collins, 10090 Peninsula Ave, Monta Vista, stated he has a truck and trailer and on occasion he has driven it to his home and found the narrow road too dangerous to accommodate trucks. Mr. Ray Clausen, 4420 Manzanita, San Jose, stated he was the Southern Pacific representative. He felt that trucks would not have to use Peninsula Ave.; that there are other, more suitable routes. He also stated the Southern Pacific feels this is logical industrial property. He stated that the cutback on rail service will affect the commuters but not commercial use of the lines. He further stated that the property would be kept clean. ChairmanFrolich felt it would be wise to delay judgment on this application to give the Commission time to sift through the facts and check out the situation. Comm. Adamo pointed out that whether this application is approved or denied, it will still be used as a spur line as it has been for years. Comm.Fitzgerald moved to close the first Hearing. Comm. Small seconded. AYES: Comm.: Adamo, Fitzgerald, Rampy, Small, Snyder, Frolich NAYS: Comm.: None ABSENT:Comm.: Leonard Chairman Frolich stated the second Hearing on this appli- cation will come up on November 13th. C. NORMAN J. NATHANSON: Appl. 98 -z -63 to rezone 45 acres from R -1:B -2 to PC -H; south of proposed Junipero Serra Freeway, 700' west of the west end of Gardena Drive. First Hearing. Mr. Ed Meyers, 10161 So. Highway 9, Cupertino, made the presentation. He stated that, ultimately, the applicant wanted to use part of his land for garden apartments - some 2 -story and some 1 -story -- with a large, common green in the center and to have light industrial, comparable to, say, Johnson & Johnson on Bayshore, on that portion of the property next to the freeway. Chairman Frolich requested the Assistant City Engineer contact the City Manager for a report on his talks with the school district regarding possible extension of Mary Avenue. The applicant was advised to check further with City Hall before the next hearing to be sure they request applicable zoning. Comm. Small added that PC -H zoning for commercial should be looked at real closely because the 100 acres on Highway 9 that was granted this zoning seems to have been a real good move. Comm. Small moved to close the First Hearing. Comm. Rampy seconded. AYES: Comm.: Adamo, Fitzgerald, Rampy, Small,. Snyder, RENComm.: onoeich NNAAyygg T:Comm.: Leonard Motion carried, 6 -0 Comm. Fitzgerald moved that a map should be sent to the Sanitary District, etc., for comment so the Commission can give the applicant an answer. Comm. Rampy seconded. Motion carried, 6 -0 -3- D. 5BELL OIL GuMFANY: Appl. 34 -U -63 for a Use Permit for approx. 1/2 acre. Property zoned C -1 -H. Use Permit sought for a service station, southeast corner of Bubb Road and McClellan Road. Comm. Fitzgerald abstained because this property is being handled by his office. Mr. J. G. Brennar, 1 Rawlins Road, Millbrae, presented drawings of the proposed service station. He felt the improvements on this corner would be modern and would beautify the area. ChairmanFrolich asked whether the applicant would be willing to dedicate a 90' right -of -way on McClellan? He asked that Mr. Brennar check on this before the second Hearing. Comm. Rampy questioned the problem of ingress and egress on this property. Comm. Adamo felt that before the next meeting it may be well to see this piece of property in relation to the railroad, etc. Mr. Norb. Ballawalla stated that San Jose was planning to zome the southwest corner commercial. He felt that this commercial development and the service station would bring more tax dollars to Cupertino. seconded. Comm. Small moved the first Hearing be closed. Comm. Rampy AYES: Comm.: Adamo, Rampy, Small, Snyder, Frolich NAYS: Comm.: None ABSTAINED: Fitzgerald ABSENT:Comm.'d Leonard . Motion carried, 5 - -0 - -1 E. FREDERICK J. AND EMMA LUIPPOLD: Appl. 35-U -63 for a Use Permit for approximately 1.27 acres. Property zoned M -1 -H. Use Permit sought for a convalescent hospital and rest home. Mr. Stanley Mattson, 945 Fremont, Los Altos, presented blue- prints of the proposed convalescent hospital and rest home which would accommodate 66 beds and 2 isolation rooms. After perusing the plot plans, Attorney Anderson advised the, applicant to check with the Fire Department to see if a 20' road is sufficient for ingress and egress. Mr. Luippold explained there is a 10' bank and then the property drops down to the creek. He stated the Flood Control does not want any land along his property. Comm. Snyder moved to refer this application to the City Manager to have the Engineering Department look into the topography of this area to arrive at some solution as to the street dedications and also to refer it to the County Fire Department regarding ingress and egress. Motion seconded by Comm. Small. AYES: Comm.: Adamo, Fitzgerald, Rampy, Small, Snyder, rolich eoHRhT:CC onm:: nard Motion.passed, 6 -0 F. LES -TOM ENTERPRISES, INC.: Appl. 38 -V -63 for a Variance to allow 'a rear yard setback of 10' where ordinance re- quires 201; Lot 23, Tract 3277, south end of Greenwood Court. Mr. Tom Fama, 1817 "-Hamilton, San Jose, stated they intended to maintain the high standards which they have set for themselves as builders. They wish to put 4 units on an odd shaped lot; hence the variance request. Units I and 2 will be single story and units 3 and 4 will be 2 -- story. -4- Comm. Fitzgerald moved to approve Application 38 -V -63 for a Variance as submitted, to allow a rear yard setback of 10' for Lot 23, Tract 3277. Comm. Small seconded. AYES: Comm. Adamo, Fitzgerald, Rampy,.Small, Frolich NAYS: Comm. Snyder ABSENT:Comm. Leonard Motion carried, 5 -1 G,, CAMINO DEL HOMES. Chairman Frolich stated the appli- cant requested a postponement on his Hearing. Comm. Small moved, by minute order, to continue this appli- cation to the next regularly scheduled meeting. Comm. Rampy seconded, AYES: Comm. AFdramo, Fitzgerald, Rampy, Small, Snyder, NAYS: Comm. ,fl 0, ich ABSENT:Comm. Leo%,Aon passed, 6 -0 H. A.T. COOK AND R.J. WILSON: Appl. 44 - -V -63 for a Vari- ance to allow three buildings on one site. Property zoned R -3 -H. Approx. 1 acre on north side of San Jose - Stevens Creek Road, 700' east of Foothill Blvd. Mr, Don Gerth, 18650 Aspesi Ct.,Saratoga, presented blue- prints of his proposed development. He also submitted a letter from the Santa Clara County Fire Marshall stating the water pr ?ssure and location and capacity of the water pipes, but did not cover the question of greatest concern to the Commission; i.e., whether the 241 driveway to the rear units would be adequate for fire trucks to go back there, should it be necessary. Mr. Gerth went on to say there would be 25 units with pri- vate patios with a view. If it becomes necessary to connect these three buildings`in some way to qualify under present zoning ordinance, it will impair the view from these patios. Mr. John Wilson, of Cook and Wilson, stated.this property connects with the other property being developed by his company, This is a long, narrow, difficult piece of property to develop, Attorney Anderson again advised that the building must abut on a public street or there would be due cause for a variance. If a hardship is proven, variance could be granted. Mr. George Owen, 10380 Creston Drive, Cupertino, requested a reading of Ordinance 2A, The City Attorney gave him a copy to read. Mr. Bernard Tonsigy, 22350 Old Stevens Creek Road, stated he wished the owners would reconsider. He felt that 25 units on this size lot was too many and would create traffic problems. Mr. T. R. Cummings, 10370 Old Stevens Creek Road, Cupertino, wanted to go on record as protesting this application. Chairman Frolich reminded the Commission that should the applicant bo:forced to add some fake tie -in of the buildings it wouldn't really solve the major problems here. He suggested the Staff contact the County Fire Marshall regarding whether the Fire Department could get to the back buildings or not. Comm, Snyder stated that from the information as presented, there does not seem to be any alternative, Comm, Small moved to close the Hearing. Comm. Fitzgerald seconded. Motion carried, 6 -0. Comm. Snyder moved to approve Application 44 - -V -63 for a Variance to allow '3 buildings on one site. Comm. Adamo- seconded. AX omm.: A,��mo, R�apy, Sma11, Snyder, Frolich N YS: omm.: zgera ABSENT;Comm.: Leo otr on carried, 5 -1 -5 -- V UNFINISHED BUSINESS A. Miscellaneous - -- none VI NEW BUSINESS A. Miscellaneous Chairman Frolich requested that when the neighborhood plans are revised to please put the line scale on them. B. BOGDANICH BUILDING COMPANY: Appl. 30 -TM -63 for tenta- tive map approval on 32 lots at McClellan Road and Madrid Road. Mr. Jim Cole, of MacKay and Somps, presented the tentative map. Comm. Snyder wanted to know if the City Engineers feel the road pattern is adequate. The Assistant City Engineer stated that Madrid should perhaps extend to the Cali property on the south. Mr. Shook also stated that the Health Department indicates that the existing sewers on this property should be filled and the Flood Control requests a covered drainage system rather than let the water run down McClellan. Mr. Shook then submitted a petition by four property owners wishing to protest this application unless Madrid is improved and extended. Comm,Fitzgerald moved to close the Hearing. Comm. Small seconded. Motion carried, 6 -0 Comm. Fitzgerald moved to refer this application to the City Manager to have the problems worked out as to who is responsible for Madrid Avenue and report back at the next regular meeting. Comm. Snyder seconded. Motion passed, 6 -0 C. ORDINANCE NO. 002(q): An ordinance of the City of Cupertino Amending Ordinance No. 002 as amended by establishing requirements for off - street parking within the City. Attorney Anderson suggested the Planning Commission make a Resolution establishing a published Hearing date. Comm. Small moved to have a Hearing date published for Ordinance No. 002(q). Comm. Rampy seconded. AYES: Comm.: Adamo, Fitzgerald, Rampy, Small, Snyder, NAy�S� C rolich ABSERT:Comm.: tone omm.. MoE ?onrcarried, 6 -0 D. The City Council, at their last meeting, proposed the Planning Commission take a look at street grades for few potential home sites. A 17% maximum grade has been used in the past. Steeper roadways may be in order in some cases. Mr. Shook passed out copies of the Hillside Street Grade Policy prepared by the City Engineer. It will be studied by the Commission and commented upon at the November 4th Study Session. Comm. Small left the meeting at 11:50 P.M., due to an early morning committment. Mr. Shook wa•, asked to have the Courier publish the date and place of the Sign Ordinance Review. -6- E. Comm. Fitzgerald announced that the Chamber of Commerce has appointed him to head up the Beautification Committee specifically for preservation of the oak trees. VII ANNOUNCEMENTS: A. Sign Ordinance Study Session, Monday, November 4th, 8 P.M. at City Hall. B. Next regular meetin of Planning Commission, Wednesday, November 13, 1963, 8 P.M., Board Room, Cupertino Elementary School District. VIII ADJOURNMENT Meeting adjourned at midnight. ATTEST: Aoer ook, Secretary Planning Commission -7- APPROVEDt (s) Donald Frolich tElrman