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CC 11-04-63jam S. Hwy 9, C"roino, wu•, 95014 252 -4505 CIT! m'V CUP BATINO 1Q�5 OP TM RNOOLAR MUrMW OF TM CITY COUNCIL, 110 ember 4, 1963. 8:00 P.M. 1CB:. Board Moos, Cupertino School District 10300 vista DriVm, Cupertino Rqt 1 filled to order sa tCs P.M. by Finch, S iW.Y 4 jamett Councilman wWf as Stti S V city 'City clerk w ef R • KW- AtW*W, Recreation Director III M]]U'l8.9 Ot 'flea POW= S -=KM S - October T ! 14, 1963 onaeth orll hrntes Page 1emf. Z W .applieant, Vaco isnota corporation. Also OR Page 5, the laat I "sesph, the Traffic consultant I$ Defams, Lather and Cospstp rather than end Stevens � Crook M ind Somemt� should '', 'Tsntau will Councilman Dempster moved the minutes be received and filed as corrected. Councilman Saich seconded the motion. Carried unanimously. Iv ORAL AND WIT= COMOKCATIONS: A. OPAL Attorney property owners in the IdlerildtSubdivissio signed Mr. John C. 2ebms, 10165 vickaborg Drive, Cupertino, stated that he had received the -wrong Zoning information from the City Nall prior toswhss gi purchase or ids property- in order.etConstructionaofull he duF-e:es has already begun ooho d up construction and then found tneyywore in anything t wrong. Councilman Dempster d to turn to the city Attorneyorstudy Councilman Finch seconded the motion. AYES: Councllsm: Dempster, Finch, Saich, Jewett HATS: None ABSE": Councilman Benetti Motion passed, 4 -0 h4unciln Finsh moved the City Manager oontset the ma developer to ask if be would hold up construction for two weeks until the report has been prepared. Councilman Despster seconded the motion. AYES: Councilm m: Dempster, Finch MAYS: Councilmew Motion failed oto carry, 2 -2 Mrs. oilbart NeffUM, 21901 Woodbury Drive, Cupertino, had some pretty pointed ""tions of the City Council in re- prd to the remomml of the oak trees on the Oak Dell Bench by the subdivid.w. W W Mayor Jewett explained that legally there was nothing the Council could do because it was private property. When the zoning can up on thie parcel of lane it want through all the proper channels; i.e., the Planning Commission, the H- Control, and the City and at no, time wa tthe" any discus - Bearings duly posted, Sion on the trees by the audience or the governing bodies. A road plan was laid out by the City Rnginser and the ten- tative and final maps were approved. _This could have been kept as a � ?� M but nobody came o done IGPIIY aaccording to the gestioa. City ordzrrnces. Ness W. J. Page, 21900 ,: •, Woodbury Wive, tV MrsV • ,f bft,oq stated t m T 1 :l on t stated he obtained 1e e counsel, to protest bar Pt'e- ,�, ? Attorney Anderson, in amdmier to Mrs. 8a. 'ra westiions, prefaced.bis stateaaats with the thqugRt no ore is so oalloused.as to.not regret seeing a tree destroyed. It was.unfortu ate that the city Officials were in San Fran- cisco at a meeting when all this happened, but that in- terested people could have hired an attorney and obtained a temporary restraining order. Mrs. Hoff ling then wanted to know what could be done by the City to preserve the remaining trees. Mr. Louis Stocklmeir, 22120 Stevens Creek Road, Cupertino, felt that the responsibility should not have been on the citizens but on the governing bodies of Cupertino. He wanted to know what procedures should be adopted to fore- stall further situations such as this irreparable damage done to an historical site. Attorney Anderson cited 3 avenues open to the citizens: 1. The City has the power to acquire sites of natural beauty, subject to 2/3 vote of the City. 2. When the developer comes in with a final map for a subdivision he temporarily loses his immunity from the public with his private property; i.e., it may be protested at the Public Hearings and denied. 3. In certain wood areas the City Council could force one acre lots with the idea in mind of preserving natural beauty. Where road patterns are concerned, the City can bend streets or make bulges with lanes for traffic on either side of a tree in order to save it. Mr. Stocklmeir then stated that if we are going to retain the natural beauty of Cupertino we are going to have to have a stronger Ordinance. The City Attorney felt that Cupertino's ordinances are as strong as would be upheld by the Courts. Mayor Jewett stated that the City Council and the City Attorney have acted within their bounds and limits. Mr. J. Judy, 11965 Woodbury, Cupertino, wished to go down on record as saying that the City Council should ask for comments from the audience with each issue that eomeu up. H. WRITTEN 1.. until. Dan atir 16th of h�sppliooaati ,)n bbeecaause�iit in the process of making some major changes in the traffic pattern for his property. 2. Letters from several candidates for the vacanc3.on the pl&rAdM ocadssion created by Mr. Leonard's resigns- tion, -2- 3. cels tW Co�rort� �o McClellan toCoun partmen+ Of IIolorkS. 4. Letter from the County Board of Supervisors stating that the Old st I Creek Road issue has been referred to the Santa Clara County Planning Cosnissioo for their consideration. 5. Letter from them Lsagme of California Cities requesting Cupertino obsbawyo a ekare -City Vesk ". J. 60 Letter irdrt Ibuivtate Comaetes owdso im stating that the- Altl�f�++' SIMI& abandols edw Is Hat Tat in affect EA'r � ' a ^7. apassistS action of the - 5 Cwocii.sn p!s the co�micatioms be i+acsired end filed. Crnlne6"J seconded the IMOSM16 34 igptiQn passed/ • 'Mom OF TER PIItING CCINUSSICM: In the absence of Chairman Frolich, the report was ride by Vice - Chairman Fitzgerald. In mh;orc of the Planning Commission's "dmfsl for the Sun Building Compa:lye rsgmst for a Sim; station got Permit, Cos. Fitzgerald cited the criteria net up some time ago whereby service stations will be granted Use Permits only In areas where they would be a part of s commercial developpent, not in isolated areas. There was a Hirst Hearing for the request for PC -H zoning of the Nathanson property south of the freeway, with the motion to have a seep sent to the Sanitary District, etc., ;or comment. The request for a Use Permit for a convalescent hospital seemed to be a good one, but the property has severe access problems. This application was referred to the City Mana- ger to have the Ehgineering Department look into the topo- graphy of this area and also was to be reviewed by the County Fire Department for their recommendations. A. WILLIAM F. IDU9jX: Appl. 42 -V-63 for a Variance to a]low 6' setback lines on the northerly, southerly and westerly lot lima; lot 24, Tract 2722, River - crest. Planning Commission Resolution No. 164 recommends approval. Conditions. The ^Ity Council checked L,:e asps submitted by Mr. Klein and were appri3ed of the Planning Commission's recomenda- tion for approval. Councilman Saiob moved to approve application 42 -V-63 for a Variance on Lot 241, Tract 2722, Rivercrest. Councilman Dempster seconded tba lotion. AYBS: Councilman- Dempster, Finch, Saich, Jewett MATS: Mon* ABSENT: Councilmen Benatti notion passed, 4--0 B. LFS -TOM m TAWjd=S, INC.: Apppp1. r-•-63 for a Variance to allow a -ts" yard setback of 30 Mara Oedema -ice requ.1.res 201; Lt 23, Tract 37x7, south cad of Green- wood Court. Approved by Planning Commission Resolution no. 166. The City Council atudi.ed the nap submitted by Mr. Tom As, 1817 Hsedltom, son Jose. CouncilmanSaiob ssysed to approve Applicatlea 3&4-63 for a Variance on Lot 2& Tract 327/. Couneilam Dempster seconded. .� • A•lBS: emmiluft gP"Wj Finch, SAW$ 1Wtt NAYS: lone Am": counelim s amwtts Nation passed, 4-0 C. A- T. COOK AI N. J. WILSON: Appl. 44 -V-63 for a vlriance to eller tbav+e builii o,=JL s- Pe r operty zoned R -3-8. , appaos;ima Old Stevens Case *, T00' ion ReOf ftOtthl" 1767. east Approved by f3 as Ci$ Clsllt t1q.11e. 'W12900 6 ram_ �vlv; x sons u tt .la t 'a d physically 400rkeet to oonstloet tires on this one pits,; 4�c , -Mo City A Item VII B of, . thus; asenda be God dored at tha a ce this conoernid the seer yaopeetJ. Inds 2ft �lsral` �pr�oval orA25sregwst north side of old Creek Road. Approved b! NZ Control. ConditloW Mr. Dos Garth presented his plans for this property. The Council as told the comditions as recommended by the H- Control Committee. Councilman Dempster waved to delay action on this applica- tion until the Study assmion on November 12th. Councilman Pinch seconded the Notion. AYES: Councilman: Daspster, Finch, Saich, Jewett NAYS: None ABSENT: Councilmen Benettl Motion passed, 4-0 VI PUBLIC H'aARIINOS A. William H. Craft, at al, apple 92 -Z -63 to rezone ap- proximately 111 acres from A-2 :B-4 to PC -H; north side of Stevens Creep Wvd., east and west of Calabazas Creek. Approved by Planning Commission Resolution No. 150. (Continued from October 7) Attorney Boris Stanley presented a map with 2 overlays illustrating this property in relation to 9allco Park, the freeway, and adjoining properties and proposed usee frr the acreage. He also presented an aerial photograph showing tra meandering Calabazas Creek, the freeway, and the existing roadways. Mr. Stanley pointed out that of the 117 acres involved, his client only wished to have 90 acres zoned PC -H. The remainder would be taken up by streets, the creek, etc. South of the freevey, they propo'e industrial, commercial and professional use. North of the freeway, it is pro- posed for industrial and Multiple use. He explained that his clients have committed themselves to an extension of Ysntau. Mayor Jewett asked for eommuts from the audiahoe. Mr. Stewart Leaf, 679 wsadea, Santa Clara, stated tbet he Mrs President of the YNS*te"s Homeowners' Ais�tion�blde rosy indorse the Cram SM91�� though a they are not by the Intercity A4WmirVWt, legally bound to it. Opp~, they felt that dianini and Howard should be deed emdsd to discourage traffic because of Marren School loeatad is that vicinity. Councilmen Saich sehhsd a there would be a cloverleaf at Nmntau. Attorney Stsaaq amid the State to w1111M to W- ow in. omamcilan Pinch move* to close the Public 1e" and ORNlneilsam Dompeter ys motion. 4[ ii�Or "Ebia i ce" - �aoe 256. eae City Cleft to h read "Or3x 8. Ell Yee Cam+ Co., Appl. 91 -2-63 to Mona 34 VON - acres li6irAilQ'�4H -HS boatlded CD the M" LD Sts Creek blvd„ _ Q& ther as" by the lands or m 4nsa Col- lege, on tbs. sou by McClellan !load and an the west the goRtlinn lmeific Railroad. Approved- by Planning by Commission Hesolatlon No. 155. Cont. ( free October 7) bed. the sap MRS Wosked"oati'iriLh the e Ci " -'fir - 'Abrams brOtU ftVi0N the road r felt tLe}p iq- as�diraot lint P bet t?" ew�r =v� strip � as mach 1� ilydttl ar tbi� �nLias i Coaaeil�..� f hx MW u 'sea oollap emit tad. "a Vity jknBSW�Vw W Me imot with Dr. Mat ad other off :oiaU _ and tb4 on, mied quite "06011"S to t" type at derelopmwt. UNarl added that be bad beard 1 the State tthat ttdb�e is w Dm ho SntercDanBe at McClellas. Mr. Abrams stated that their have planned the dbwlopmssb so that if the stateicchcnges its mind 04 � to of snort be in this inter*.Landm and espense. cut Councilman Pinch wondered it it would be fess�Dle strips, thereby eerestins lanss4or trafficeea b way the main wateri UW will plant the making it rigs Nr..Abrams stated that planter strip. thereby Mayor Jewett felt the planting strip as DroDOeed here addition be & beautiful y but a 90' needed here to delOPthe trafficpattern. roadway is ew ated he has Uvk2mer §Late' most Orchard Courand- at ts CupertL Soon according to Mr. Abmiam's PrOP° street, it would De dumping lots of traffic directly ontq the on rasp to the freeway, which would be lust asking for trouble. Mr. Barnett Nerpoff, 1930 Hdgewood Drive, Palo Alto, stated he was one of the principals in this application and said that a decision most be reached by the November 12th dead - se siongon also Stated tt thare this application and atlthaty n study time thetwo20'y paved strips were not objected to. Councilman Pinch NOV" to le this ma7 De application t to date brought up as the 12th s00" the freeway. "ouncilean Saich as to the area near accorded the motion. AUS: Councilssms Dempster, Pinch, Saich, Jewett X1413: None ADS=. Com=11smn Motionipaeuea, 4-0 C. Louts A. X35 screw toBR- 24 -Hit7 acres to PO-N) i from B -lt is Portal. 500' south at MAWOUs Crack lBlio� elution 152. Apppeall.�( if�frrom October 'th) -5- Ib . J...it. Pszslq, 3359 ran*► Osks Drive. Cupertino, pro - Saatb altmrsd Plans. 8s said he Would donate one acre next to_Va school to be us" for a park. jn addMOD9 ht by o�Q tp.,�y for bslf-of a;stopllght At Portal, and has glven:t¢s.0tu an option to buy.one,acre Within two years tblr. OW' other" 0, it !averts back to Mr. Par - ,a �es'stste0 h4 will not dedicate the street on !rice to M .::; ... Oil ors. ROtifrt 717 .a ;n t5c:�. _. _ btL i:i:it3lr`° s�. a tAis letter QM,i e`en a <� t s ✓6 x g r .c'.!t _:: %.LLed t ' 1�enalUis► �lasb wed to roe"" shf liil *its petition. 8aooa�diAs;1� . �•Daptter. 4-0 .t� rezoning oVIW- ple.property.. on record,sa being against Ur Oary Stokes 20299:Richw od Drive, Cupertino Mr. Dsve Rill, 10461 Davidson. Cu?srttn* Mr Mi.:kWohn, 20925 Richwood Drive, Cupertino Mr. Richard Robe:., 10265 Richwood Drive, Cupertino Mr. Melvin R. Calarell, 10300 Z. Estates Drive, Cupertino Mr. Den Stewart, 1974 Vicksburg, Cupertino Mr. William Barris, 10277 Richwood Drive, Cupertino in Id2ewildt Homeowners Parsley at on and submitted meetings with 50 memo in favor of this rezoning. Mr. Richard Parsons, lo5oo Pineville, Cupertino, spoke in favor of this rezoning. Councilman Saich moved the Public Hearing be closed. Councilman Dempster seconded. Councilman Saich moved to approve the application with the following conditions. 1. One acre next to the school dedicated for a park. 2. Applicant will pay for half of a stoplight at Portal. 3, city for $25 000, otherwise itnrevertsw back n we to years Mr. Parsley. Mayor Jewett seconded the motion. AMt Councilmen: Saich, Jewett MAYS: Cogneilmon= Dempster, Pinch AESaMr: Councilman Benettl carried over vfailed fore lack of 1963Jority vote. Application D. Oeorge Yammoka application postponed to Dec.16 th. S. Mason Enterprises, Inc., App1. 95 -2-63 to resone approxia:sCely 5 acres from A -1sB -2 to R -1; north side of McClellan Road, 150' west of Westacres Drive. Ten- tative sap -- 21 lots (appl. 29- TM -63)• Planning Commission Resolution Up. 162 recommends granting rezoning 19/14/'63• them _City u:cil. He sstatedahe took presented exception W the � conditions as sot forth In Raaolution 162. Six of the twenty -one hams would be twcr- story. ME And WOW xawaaorae, owtino; and Mr. Clarence Flick;. CIa11eG Road, cupei'tin�, enressed concern about. tW_,& %de.elevatione and to the placement of the too-- story,A� The City ' stated there would be a admaus of grading since thaws was Bood natural run- off. Mr. Carl Train, of Mason Interprises, offered to seep am sn the Nest side of the street to forptall tQ�7 11sLifis ne, � has bm ths. . ll eo,�.a� � .... morel to close � Foblda Hearing. Jcw -t WOVIA J „JXS 1p�Aailo�s�NestJ am VW Resolution n 162 witch the sa"tlonal ccondi tl,00s tha4,'.O t�esw/ksly. hosms xd31. be placed adACent to lie /L- sa=w Drivel i.*., on the Mast lids of ths tentative sap. Ca�oilstn salaA secotbad, AYNB: Cc,n0120m: Dempster, Finch, Saich, Jewett MAY3h :one ANSENp: Coumwoilman Benetti Motion carried, 4--0 ordinance 261 was read by the City Clerk. F. Donald A. gxcell, Appi. 85 -Z-63 to rezone 11.03 acre-, from A -2*B -4 A ° -1 on west side of Highway 9 between Mar:ani • Lucille; 8.75 acres to R -24 -H and 2.287 acres pn Map application .63y planing Commission 156Appeal- Mr. Gana Masten made the presentation. Councilman Finch moved this application be tabled until November 12th. Councilman Dempster seconded. AYES: Councilman: Dempster, Finch, &4ich, Jewett RAYS: None ABSENT: Councilmen Benetti Notion passed, 4 -0 to G. al�wa realty'office. atlthe corner ofvBollinger and Clitden, known as Lot 34, Tract 1225 Approved by Planning Commaisslon Resolution No. 160,now being heard on appeal to the City Council. A petition in favor and a map were submitted by Mr. Horne. He assured the Council be would have no staff working at this address. He explained he has his office in his home salesman and his Real EstataCommisslon r required hea he hr e a sign near his front door giving his name and occupation. Counollow Saich roved the Hearing be closed. Councilman F/nch seconded. Notion passed, 4-0 Councilman Esich moved to deny Application 31- 'J-63. Councilman 1.tu:ch seconded. AYES: Counci ?.men: Dempster, Finch, Saich, Jewett RAYS: More ABSENT: Counel:asn Benet:i Motion passed, 4-0 -7- I Jam'. ?. . •ill�.cq'yF, ,:�-- -_.- - .� _.. VMW 4019w, A. Applicatiam "lit:gp 63: Paul Zbl=iursi8= Fiteie -O�i tbaatein ViaR, raga inB �;, Lot 20, trol appaovai to construct a 5 --ynct ap :not 2511- Approved Nay 8- Control. 008d1 . Mr. Jim Ortega, 736 Mountain Vier Avenue, Noontein View, prevented i1119 plans. DosrlsIl Ch _oove4 App,&. 112 -WC-63 be d• placed in t I that _owl t17f =ht plsdsld n th. p�r�7.il�td DeeP�s� s�boa�': AY�i x2• ' ` ouch, rte,. Jewett At th of tlbl W*- � late, ti�':KD to the Of the hour, A. Coana.�l moved to approve WN011itlOn 842. coundilmm Dampater seconded. AM Ss Councilmen: Duster, Finch, Saich, Jewett WA?Ss None _ AHSSdTls Councinlotit notion paaEeed, 4-0 Councilman Dempster Moved to approve Resolution 843• Councilran Balch seconded. AYES: Councilmen: Dempster, Finch. Stich, Jewett RAYS: None ABSS►tfs Councilsmn ntpassed, 4-0 Councilman Dempster moved to approve Resolution n8ll•thet to hold up the Bianchi Progress payment November 12th meeting. Councilman Balch seconded. AYES: Councilman: Dempster, Finch, Balch, Jewett RAYS: None ABSENTS Councilman Benettlpa:sed, 4-0 Ms"_ Ward Crump less in the audience regarding Resolution ATTO C , which is RT! to co under: F O CERS AA me COlMISSRONERS, D. REPORT OF Councilman Finch ssaeoonnvded thheannotione�lution 854. AYES: Councilmen: Dempster, Finch, Balch, Jewett RAYS: Rom ABSWTs Councilman Benetti lotion passed, 4--0 III NEW W31MB rASreiswigNsborihhawebeen concernsituation d that s minister in developed Pepper Tut has been operating a church in his home and would like it investiEated b7 the City Nanager• The City Nenager Mated that if moms of the neighbors would come to his office and speak with-his about it he would have soma basis for an investigation- 7 -8- Cormcilman Dempmter moved tO adjourn tha reeting to Noveaber 12th. Councilman 8aictn seconded. N OU4 aejourned at 12:13 A.M. /s/ 1"