CC 04-04-66
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10321 Bouth Saratoga-Sunn:rvale ?..:>ad
Cllpøt1no, californ1a, 95011!
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phone: 252-b505
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CITY 01' CUPERTINO
CaU1'om1a
__ ftB RmULAJt ,,.;--rlom (JlI '1'BB cm COUNCIL - April II, 1966
, X': ~¡ .:w.4 røo., ~.u.entu7 Sc,bool J)1atnot ptt1ce.
. '.. 1030l Vista Dri.., CUpertino
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8tatt' preeeat. Cit7 -"poP, fh1l Stona
Cit7 Attorllq, .. AøIeNon
Cit7 ~-. Bob Ø'AOOk
Director of' Plam1Ds, Adde r.ur1n
Aa1.tan'l: Planner, J1e ~
J)ep:~y Clt)' Clerk, Plorence Reid
Chief' aJlld1ng IMpactor, BiU Bene"ich
RecrattGn Director, Jolin Parhu
Recording Secretai")', Lol. I_rd.
m 1U.-n:1IO:I OJ' 'fIIB PRBVIOUS ftlHSu-' - ....rch 2l, 1966
JIoYed by Counc. Jfoel, seconded by Counc. Pitzgerald, to adopt
~ lI1œtes or llarch 21, 1966.
IIgt10n carried, t!_O
I't' ORAL ARD 'oIIuu'" CCIIIIJIIICA'lIOIIS
'lIIu:rcAli:
1. Letter rro. Mr. Vlll1ul Penaandez, re~senting the Jack-
in-the-Box Restaurant, aslring for a continuance un~il at
least April 18th.
Moved by Counc. Pitagerald, seconded 117 Counc. IIoel, to
continue applicat10n 2l7-HC-66 until April 18th.
JIot10n carried, tr-o
2. Letter rro. 111'8. Jean Pullan regarding annexation of
hisI*Q rro. fte11tf18 to Foothill.
3. March 221111 letter or tranBlllttal and cOPJ'of A_b17 Bill
dealing with· Section 7l!.5 of the Street. and Ø1gbwa7B Cc<:e.
II. Letter rro...... .Janina .Jacobs regard1ng the condition of
Ltnd)' ~.
5. ,Letter rro. ..... Cbu'lene Bwana regardlnc Be1sht Ordinance.
~. Lettal' rro. Mr. Robert Schoen, rea1&n1ft8 troia the' vatel'
eoa.1aa1on.
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1. Mr. Robert II, Lølman, 1()b50 Fharlap, CUpertino, stated he
was representing.. C1t:1zens' Group of' ¡erents in Oakdel1
Ranch subdivision arid ~he Mann Drive ares, asking thet they
be placed on the !S~, of the next regular meeting. They
haft a petition' to 1"eopm the walkwaT- to Bte1PellB creek
School so the school children will be able to walk to school
. , 'ill ntce Wilt1béfl." '1'I'Ie' ßtlmBtIt l'OUCe'"1a ..,..w1lell t1Jrt þer.
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NDYed b7 Counc. P1nch, aeccmded bY Counc. fttzge1'8ld, to
accept the peU~ and to BIlk f'or. atafl:il:lllPOrt tor tllI'-:
œxt regular _t1ng on the K,tua of' t.... ees8lllents.
IIotlon carr1edfll.:;oZ.;~' C '
2. 111'. Toll amter, 22I!"" l!aluatrol Court, CU1lØt1no. 1II1i4 he
, ~ does not reel tile City Start haa been o.ted fairly. Be
. , ' Be1d dþØlt ~-Iftawi lIMn aan.,,~-.J"cture" and
"biased." Be..14 tbe ,......1>¡g Director's statelDBnts heve
been called "conjecture,· and the 'Ð1ftC1tor of Public Works'
. statelDBnts ha"e been referred to as being "biased."
Moved by Counc. Øoel,øecond'lð by Counc. fttzgerald, to fUe
the Written eo-ud.Cllt1ona.
Motion carried, b_O
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V A. REPORT OP PLAlIHIm COMMISSION (See Minutes of March 16 I: 28)
Chainan Johnson reviewed the Minutes of March 21 I: 28.
1. VAlLCO PARK: Use Permit 2-u-66 to construct a
shoPPing and commercial center in a Planned
Development Zone, aoutlDoest corner of IIoIIestead
Road and Wolfe Road, RecolIIDended by Planning
Commission Resolution No. 336.
Mr. Walter Ward, General Manager or Vallo:o Park, displayed a
sketch of the overall plan, pointing out the locations of the
Shell Service Station, the Safeway Store, and the Church dedi-
cation of the triangle portion of land in exchange for ¡erkinp;
privileges. There are no si.llar shope and services within a
oDè-8ile radius.
Mr. Ward then explained the stipulations as to bufferin¡o: and
access to Linnet lane. They have decided that, to protect
t-Iteir legal right to access, there should be an opening four
spaces from the Church property. He said there is a le~l
question of property rights here, which they would l1i'e to
preserve.
Mr. Ward also suggested the folloWing conditionl "Application
of the Use Permit ror the triangle portion which is now zoned
Church property be zonècf PC and thet at leallt the Use Permit be
conditioned to include this triangle."
Mr. Stanley F. x-l, Sunn7vale attorney,' stated that he was
representing 110 ramiles in reference to ,the L1nnet Lane access
situation. He said this is not a new probl8ID; they've been
liVing with it sincel963. s-e or the peepl. underst.and it
was established there is to be a fence ..long Linnet Lane.
'l'bese people preteI,' no accesa because of' 1:he- ¡lCtantial traffic
which might be generated through the re814entkl aree from
Vallco Park.
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AttOrnBJ Leal rerp.rred to portionll of the City Cowlcjl M1n\lte~
of October 7, 1963, and Minutes of the AdJ,)U-."'I18d Pl£.:uüng C;m··
1II111110n _ttng of' Nø.rch l6, 1966. Then and now, the people
have bBen and are concerned about shopparø uaing their reai-
dential at;reeta. TIle residents of Chat_u West and Serra
OIU'deriB are ."tic about their request for no accesa. Attorney
Leal .tated there is no lepl illplication of property rights
here.
Ib'. LeílluÞ4:U' thliBe resident. could'14s1"~~II17 expect
sho~r tr.rt1c to SO tbrouøbc theBe II&ft'9W ~~tµJ, streets.
JIlt hell the sboppers Will take the. IIOre clÜeÒt route through
:, ti~ta1 ~. àther tllan 8\t. qIIt !;tlle þd. turn
...~.; 'lett'··~.'l tUt~·úd:OD to·~ 9..' ~·.peoøle
-.at aøJ Mëd ~ be con-ideM. Be..14 . ....'pertlno
PJaiIDtII&. D1ftè~ baa aa14 SWu.....le reca.t/ll!aUóna ahould be
~'.t ".''; ~l·it '1~ 1IIdI:a.:doDIt lepll7. '.:
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'lWC!W'At~.-44;;1ia C1~ ot CUpert1nò'a1lO8it1øn here
.. that whether the)' did or did not 11&". .. l.pl property
1'18ht bere 18 not CUpart1no'. eoncem because.. did not take
1t a~?I'œ tIIaií. u- &A.......le. wanteð to takeI·lt away or
þat up a berrtitr ,. a proble. between vall~. l'IIrk ar.ð the
City of 8\mn7Y8J.e; CUpert1llo is'not invol"ed:
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Kris. Caroline Jaa:1ello, 22408 Baluatrol Court, ..id .he was
IIU1' r1lsed ~e allow. children to plaY in the street,
.ince tbe7 t-.ave a very expanai"e and extenalu park program.
I<!r. liard has asked the Sunnyvale residents what types of st,ops
the7 would like in vallco Park, and she wondered wl\1 they
offered this i..t'ol'lll&tion it theJ did not plan to shop there.
Kr8. Elizabeth nine, l761 Kildare, Sunnyvale, said they do
not have a park nearby II.nd asked wl\1 theJ were given the right
to vote on the access situation if they weren't going to abide
b7 the results. ""hat about cooperation with other cities?
Counc. Pinch said CUpertino has had !lOre than enough tro"ble
with Sunnyvale as to access to City streets. However, thi~
will not -J their o¡linion or Judgment in this prese"t situa-
tion.
Counc. Pitzgerald uked it this aeeess to Linnet Lane is re:lJl~-
needed. Mr. Ward aa1d that it Is the opinion or tbeir attorney
that this lep1 r18ht should be retained. Be then reviet'eð
the landscapina With berll, trees and shrubll slated ror ~..lOf!t
LaDe, showing hall vallco tall ev-~vOl1øed Witb the residents.
'1'be vallco ParIr attorne)' hcLf¡ _intai418d th1a access is nec-
eS"17 on the ...18 that it it 18 not there it will prevent
direct acce.. to vallco's ottar property further down çn W-not"t
Lane; 1t t~ lose the right of accesll here, they II1ght a:'.Jù
lose the right of accellll to their other property turthe::- do~'n
to..rd the r16....y.
Mr. 1Iard said the;r don't want to hurt children. The;y want to
_intain triendl7 relations With their neighbors. They will
¡a¡t up a teIIPOra17 barrier and -:r never open it. During the
construction period they will take every aa1'ety precaution
poss1ble to protect the children. He reels tbat the contigurr.-
tion or the abopp1Dg center i8 not conducive to through t1"1I'-
rlc onto 'U_t Lane. .
Counc. ntzge_ld asked Mr. Ward it they woulci improve Linnet
Lane wbetber or not they set access.
The City ·.ttorM7 said 1'$sidences acroslI the street on Linnet
. Lane a11 haye ~."eways. 'l'he one access requested here 18
l1111ted to one 35' access. .
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Co=c. Fitzgerald asked the CIty ~g1n!el', t'1'OtII a Public Works
vtandpolnt, If the acceee 11 a necess1ty. The City Bnglne~r
said tlBt it ... not; t~ do IBve access to the two major
streets. The Planning Director said this i. a question betwse.n
".llco Park and ~le residents. '!'here are ..svantages to
this sccess. '!'here,are also disadvantages, but he does not
'-'eel they are as serioUS as the L1nnet Lane residents fear.
Be feels that .w1th the guarantee that if a traf'fic problem
ar1aea tbe apPUcaM ooDCé4ea botb Cu11trtino and SunnJVale
will haft pol1~"""". ....
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'!lie CitJ' Atto~,8&S4'_'8ubd1Y1B1oD 0Id1J"'nee baa a pro-
vision pftcl~-U.i.~ eo-t..1oD'.'ru1iDg on street
acC*ss. .
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111'. Ward _s u1œ4 1IIMIa'tbe 1aII!Bcap1!lg onL1nnet Lane would
be done. Be øa1d tbat tile underground utilities eas~t is
located therlt,'an4' the lIeN and 1andacaping will be done ss
soon as possible. .
Mr. Art Epperson, ot L1nnet Lane, said all llO of' the residents
have called MI'. ward'. ort1ce and told him of their desire for
no a~cess.
Counc. Stokes asked the City &\gineer if Homestead Road
Improvement Project will have a mediBn striP. The City Engineer
said he thought it did.
Counc. ?itzgerold aaked what the merits might be of a barrler
oX!' the centerline, across the opening. He is concerned
about taking an access away from a developer in CUpertlno.
The City Attorney 88id this would require the cooperation of
the Clty of Sunnyvale.
!'!r. Jim Vanderford said he attended the March 16th Planning
COIIIIIisslon meeting, and there was no reduction in planting
discussed. There was . discussion of a fence, but not of a
reduction of tt~ planting.
".r. Too Itlnter, 'i!2"C17 Balustrol Co\Z't, Cupertino, sald there
lS a q:Jest1oli of proper planning here: residents on one side
and a ~oaMrc1al develop.ent on the other. There should be
some sort of buffer between the two. He believes there should
be no aocess to L1nnet lAne.
Mr. John Pet~, 1776 Lark Une. is not 'lown here object'ng
to c~rc1al use of the land. He Uves in cupertino School
DtBtrict, too, and understands the tax benet1ts ';0 be derived.
He 18 concornecS about undue access through their subdivision.
Mr. Ward said they are askiDg for one access onto L1nnet Lane,
all the _y froII Shetland to Homesteed.
J. S. Patterson, 1781 Linnet Lane, said it the 35' driveway is
required only for l", reaaons, why don't tn.';\, fence i ~ .
Mr. Ward said th8J' a1ght.
Except for the use tlat exists now, Mr. ward said he would
stipulate that a c_t curb will be put 1n the entire length
or L1nnet Lane froII Shetland to IIcIIIIestead. When the use changes
(when the rentals are demolished), th1s area, too, will have
an unbroken celll8nt curb.
Mr. K. C. Clark, L1nDet I.ane, asked how man:r people were
present at this _etiDg who are interested in this problem.
'l'tIere were a~iJa~.17 thirty people.
Moved by Counc. Stokes. seconded by Counc. Beel, that the
PubUc Hearings be closed. .
Motion C4\rried, 5-0
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Counc. :'.tokes said, in reviewing t:·,e rlannirg Commisllio:1'b
reco_ndationa with respect to the 21 conditions of this Use
~=1t (6 or the conditions directlY or indirectlY pertaini.ng
to Linnet Lane) when the median strip is installed on Hoceste:".i
JIoad, unless SI.a...,~.le plts a break in this med1an strip, th"
. . problea will resolve Itself' . '!'be S\Im1f9ale people could as:<
,tbeir City that no break be lIIBde 1n the 1Ied!an atriP on
ø.eateað l1:li4. '"
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,., "COuDc. 1'1~~' ..4dc 1IU;h eouno.., StþØIII. a¢ re~nded
tbe s......,.ale tl8óPle a1IIo look 1nto"t~,~1bJ.¡11ty of putting
a buT'1er in tile 'eate1'11DB on L1œIt Lane tbet JfOI,1ld protect
~¡;, tllllìì rn.__~"'1r au..." llllørtout.
.,.., ." '~I' ,c....-'-fH...". "'·,"'i1 ...~
"," JIbior ~~_íi..... to IdJà ""t ,It i.not imtair or
,1rta"'~1, to'e11dI!JIIIIII lICe... it "- .wU-",t 18 willing to
.tl~tè ~iG~'1:IIø ÞtIIeI"acoeH.OftUPt9.Sbet1ardbe eUmi-
liated. tine 35' ,ch~........(t, t'roII Øœeete84 Bae4 to 8bet.land, is
not an unreaeonabJAf ~st. It ~ bother h1aI that there i8
a re.ote possibility or Increased traffic on residential streets.
'l'IJe conditions 1&14 down b7 tile developer are autficlent to
avoid this.
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Cour.c. Noel asked wbat powers .. haft wben Linnet Lane actwH17
is ir Sunr\7VIIle. The City Attorney said we have no power of
eminent dOlD8in outside our City.
MOved by Counc. Stokes, seconded by Counc. pitzgerald. that
Use Per:>it ap..Ucation 2-U-O> be approved as per the Planning
Commission reco..endacions, including Standard Conditions 1
throcg¡' 12, and added conditions 13 through 21, with the
turt¡,~:, ~tipulation that this be the only ac'::ess on the entire
lengtr: of Linnet Lane, from HoIIestead Road to Shetland.
AYES: Counc. Pinch, Fitzgerald, Noel, Stokes, Dempster
NAYS: None
MOtion carried. 5-0
There ...s s recess called at 9:30 P.M. Me6ting reconvened at
9:110 P.M.
IIQor ~Plltel' said there _s s_ queetion 1n the mind. "r the
people on Linnet Lane which Mr. Ward wou14 Uke to clarify. He
....in stat~ tbe" would be a so114 curb to Znetland troll Home-
atead Roa.i. Of cou..... in that area where there are rentals, it
will re.a1..., status quo until su~h u_ as those holr,es are destroye-1.
Upon appl1caUon ror Uae fer.stt for ttat ..-, thlrre would be nc
access onto that property.
VI REPORT OP THE ARCRt'1'J!X:'l'URAL AND SITE APPnOVAL CCJ<1MI'ITEE
(See I!1nutes of' March 22, 1966)
Ctairan Pitch ..14 he would Uk. to brinS to the attentIon of
the City Council that the application for Jack-in-the-Box war
rec~nded f'or ap¡D'Oval, 4-1. Dr. Kowitz only suggested that
lt could be reo_nded for the City's reY1_.
Chai~ Pitch said that on the applicatlon tor the Bonanza
Shopping Center. Dr. JI'.:;,w1tz rec_nded appZ'Oftl of the t..o
adjacent 7Brda 1f1th reference to the JIa1'ch 22n4 118"'" f!"Om the
Planning DepartMnt.. subject to the interpretation of the zor.: '1&
with reference to the sale of lullber and plants, etc. He also
rec-med the def'erment of oft-aite ilDpI";':'etII8ntB on Homest~
Road at this ti.., with the exception of the en~rance.
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Counc. p,tzserald abstained troll this application, since his
otf'1ce ie handl1ng 1t.
Mr. Roor B111a_lla, realtor, sald Bonanza is a super market
for do-lt-J'OUI'Hlt goode. 'ftIere is no comparable operation near
here, with the exception of the1r other It."atlon 1n campbell.
Mr. Jerry callner, co-owner, said there are 25,000 ditterent
it.. f'or lI&1e. from art øuppl1ea to lumber. Th.,. do not sell
to eont1'ào1;oN:' The cor1'81'18 'eDt1re17 enclosed, although
~ u' Do"1bOI' on It.
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AI'ch1~'~ Ja101Qe a2d ~. ~~ f'_~ ~t 1Ñ14.
. the 8110__ center together 18 tile coftNd w.lkW7, which
, .~lI:(~ W~.. nat4_.w. '3~ _be8~ ~.,.. !be
, ~ ofi......'1IU1l\U11s 1It1l... tUt-up oaoo"". . The
~'--""U ....... oø. :of t.be:PIa. 'l'beI'e wW be a
7' ,1d.gb J 'J '_ill ranee U'4UIIII,\b8C01ftl and ,.......oal4rc in
tront or 1~,':'''IU.p1Qed aNlllleI'blS of' the propoMð center.
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_'Or'~aaJred It lUllber would be cut on the prvtI1ses.
Mr. callner 8a1d all lumber will be precat before cSel1"ery to
Bonanza. '1'b87 Will have a illil!ll Black II: Decker saw on hand
to acr.~ adate housewives. etc., With speciric requests.
The Chier 1U1ldlng Inspector said the Ordinanclt calls for no
sawing of luaber in a comercial zone; it would be allowed in
an M-l zone.
The City Attorney sa:;,d it it 18 an M-l use it requires rezoning.
Storage of' lUllber requires M-l in the County Ordinance.
Mr. Callner Did they ha,,~' a weekly tUn1Qver of their lumber
supply. All pieces of lumber are lndi vidually :.arked. The;y
do n;>t store lumber,
MaJOr DeØl~ter asked 1f the corral is covered. Mr. Callner
sald it is renced but not co"ered.
Counc. lIoel asked it he would cla..lf'7 this operation as a
discount hOUse. Mr. Callner said he would not.
Roved ~ Coanc. P1nch, seconded ~ Ccunc. Moel, to refer thls
application 2l9-BC-66 to the stfttf for rec_ndation.
Notion carried, 11-0
Mr. 080.... JlDll1ngBWOrth, 221!3ð Bal..~trol Court, said we a1'>:
t171ng ve'17 t'~ to keep the Span18h style ln cupertlno and
he feels th18 operation would be very undesirable.
VII l'UBLIC IIBARD(JS
A. HARBOR 811RVICE STATION, INC.: Application l-u-66 for a
Use Pel-.1t for a eervice staticm. southeast corner or
Foothill Blvd. and McClellan Road in a COlI. Gen. Zone.
Denied bJ' Planning Commisslon Reaolution 110. 324.
Appeal (Postponed from March 1, 1966)
l'B'l'I'I'Iœ: Requesting the Denial for a Penait for a
Gasoline Service Station to be Located at the comers
ot IIcClellan Road, St. Andrews Avenue and Foothill
Blvd., in the City of Cupert1no.
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The Pl!.~.lIlng Director first gIIve hls report on the 5ervlce
st&..ion surve;y he baa been conduc ~ing. Be contacted several
gasoline coll18D1_ f'or some stat1Btics, of which there were
øurprl.Sing17 r_. last Wednesda7, a representative of Western
Oil and Gas ABaoc1ation came up froll. Los Angeles with same data
and las proIIU'Id _ _reo A Western Oil and Gas report in
1958 indlcsted 1.02 service lltationa per 1000 population, while
a slJl1lar report; in 1963 showed 0.811 per lOOO population.
'1'bere 111 a d~ trend, due to larger and œtter service
stations.
BKcerpt tl'OIf _0: Z;':VP.JoIID InIIt1tute ror ~nt Reeeerch:
8*9'IGB 8MT.I\._....-JIs:;g ,.··..I\IIAØA·..1~-58"'1P. J."f;.1J:
"'atàbls,..1 .-. MI'I'8ta1l gaeo11¡'" buS1DeNes b.r _11
....-l.. r1.1tJ....%11 ...t IIIP'lIR1IIeøI,unac1.ellt.1.t'lc
1iaIIDer. '1'be1'e Sa 'Ut1¡le or no p1....... IIL'ior to declslona
on such bIportaDt _ttere as lçcatlon. piootuab1l1ty under
~ ØIIDItI'II. ·...·:parobaae {Of equ1.-.ntand stock.·
Ac!:ord1ng to popuJaUon statistics, CUpertino should now have
'14 øervice statS0D8, With a potential additional 22 (according
to present soldD8), -.king a total or 36. We now have 3l, so
we are ahaad of' 8Cbed~lle. Based on pop¡lation statistics of
County property in the Cupertino area, there should be 7 now
With a potential additional 2, msking a total of 9.
There seem to be plenty of service stations in the eastel'l1
portion. Per aaf'ety reasons, we should not place a service
stGtion immediately adjacent to freeway access. We should try
to avoid gas stations adjacent to the college area. There
could be gas stations within the Planned Community areas
without direct access to the main thorof'ares.
The P13nning Director went on to indicate on his map those
areas which could possib!y use service stati!'!1s. He recom-
mended that we ",void the usual strip commercla.\ and have a
nice little business section at Pbothill Blvd. and Stevens
Creek Blvd. Service stations should be a part of a planned
coaaercial area.
The Plsnni~ Director said traffic circulation at service
stations is st111 the same as it was sixty years ago. It has
been claimed b.J aerv1ce stations that very few accidents have
been caused at aervice stations. Traf'f'ic accidents which might
be indirectly caused by cas statiODII do not show up on the
police reports.
~re :'s no case in Cupertino whe.-e there is a gas station
adjacent to a Cupertino residential de"elopment.
As to tM Harbor Service Station application:
1. We would like to concentrate gas station activities
around the Foothill Blvd.-Stevens Creek Blvd. area.
2. It would set a precedent, abutting a residential
development.
The Planning Director said he would mail out II copy of a
written report, which could be used as a guj.de to future
service etetions.
Attorney J. Ra-r.r Hancock, 712 Bank of America Building, S~n
Jose, quoted the J_ry 20th Minutes: ·Be felt there must be
a better use ror the property." The Plann1ng COØI1osion sug-
auted there should be.a commercial use here which would create
less traffic.
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Mr. Hancock saId 8e1'91ee stat10ns go wJ:o!re t!le trarnc already
is. Be respecttul17 _œttted that a servl.:e station is there
to serve tra1't1c. ". gwrtlc is al~ 1n tlat area and will
most likely 1nc~. 2bere 1.s a She'll station 1! Idles in
one direCtion and ~ s~rY1ce station 2 II1lee in another
direction. It ~ be a bBrdahip not creete4 b7 tile property
owner, due to the Id.gþ taze..., if this Un l'ezwit were denied.
Be quoted a fo_ pI-. eo.d.ss1oner, who a14 1t appeared
this Idght M a 8eJ'Wi.ce .tation site.
....,.,
. '!be ~peoU" ,....... - . I" D. lookJDs tor a 10-*-4_. tor his
. . ·1Iu.s1 ... '!b1a 18 :fiIa.:e ~ J\.1a1.... c~ .0(""'.' property
',::':: u.:.~___~~~::'~ ,::,:1=.~~r-
:.~. o1a1 pro~ OIl·....... "aiD wacant. .
AttonlllJ' ....- _M' .A tile aerdM .tattooJ"...... 1IOUld
not be detr1MDta1 to pabl1c ~tl,. 'l'tP1'e _~ be .ore open
,pace tJIaft o~ .".., other t'J1I8 of ~. K~. It _uld
not be 1n,Jur1oaa Co pdtl1c Malth. ftMI1"e U 1IQ!';b1nS here to
atreet the moráU. _ D there &n7tb1J!S here to eugest'it
would be det~ta1 Co pablic tielfare. eomr..-17, it would
be a c:onven1ence tor tile reaide"1ts 1n the area aød the pro-
psrty owners wauld be relieved ù1' paying taxaII on UJIUIIed
property.
In answer to port1ona or the Planning Director's report,
Attorney Hancock aa1d :rou can't legislate bua1Dess use 01'
preperty. As an 8Z1Ø1Ple, he noted Market Street in downtown
San Jose. He said the individual property owners pat multiples
in tte area, knowing they are on a heavily tra"elled thorofare.
Attorney Hancock urged the Council to arrive at a dec18lo1'1
besed on the facta. not on a petition which llight not be based
on any facts. He does not feel the tra1'fic accidents should
be conaidered a factor œcause otherwise we should abcl1sh all
service statlCnB. He relt the Council should 80 on the basls
of whether or not it is a proper use of the property. The
property owner hes t1ftd no other offers for other business use
of t!".1s property.
ChelftL'I JohnSon _1:1 the Planning eo-lBBion did not base
their .otion on the 1dea thet 1t .auld create traf'tic. but
rather that it ~ create traffic congestion.
Mr. Be~n explained WIJT thia locstion _II chOsen. It fUs
the pattern 01' a 3-lesged stool; it can't stand unlBIIS 'it Nail
all 3 l~ga. 1. 'frat'fic
2. D_,"^U. There is a shopping area .there.
3. 'ftIent 1s develoPing a very rlJW residential
area there. Poothill Blvd. baa a "ery
definite pattern; it goes _here.
The bullding will ~ of' steel, s1l1Ulated ':Ioard and batten,
and faced with brick. There will be conaidereble 1andscapirig.
The Ordinance also c:aJ.ls ror a 6' masonry _11. 'ftIe7 will
leave in the large ø:1.at1ng landscaping aød will inatall a
bench on the corner at Poothil1. There will be trees adjoining
St.Andrews for burter1n&. There will be a s_ll, Inoffensive
sign.
Mr. George RolH.. I1Drth, 22438 Balustrol Co1&"t, ..14 he repre-
sents the majoriq- or tile residents 1n that area. There are roo
impro..-nts on ~ a'1d t~ school cb1l4z<en _t travel
down that street Co s("honl. He "henked the }'1......,. CoaD18sion
for voting this appl1cation down, 5-0. Be reel. .oat 01' the
traN'ic 18 weekaød t.at'f'ic going to the parle. He feels Rich-
rie1d 18 holding off coe1ng into the area.
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1Ir. Wild, 221130 DtluStJ'Ol Court, asked it th1B 1s a reduced
rate tr.>e or ¡pos station. People would be dawn to It because
or the reduced pr1ce.
,1Ir. AU !Iod1ne, 21711 n_r, Manta Vista, asked it it 18 the
pUn of 1a1'se seft:ice ~t1oÞI to satunte tbo u..
1Ir. Sb1e1d11, 221137 St:. A..d:o<__, said.. do not,,~ ~ station
au4 ... ðo DOt. DH4. a at;aboD; _~ do you waøt 1:0 pa\ one In?
~~ IIO~ c1'IId.,,-..-fì, . _ 1IUIS'd.,INt7OU ~ ,__y anothe~
......... for tile tIéJIOo-1 ..hl1I~. . '1'be7 __ to_ 1ItI!IiPJ~be7 IDOV....
1.n that th1a ...~... ~1IioI....iIId~' ·...ial ,-;--, .:ra_lIOuld be
110 serrlce staUolJ t:1I if ð.
. ,_>. ~-~''1£:: i;" ,I
_ ~-:r-V~""~' DeeD SIQTe.. 108D5 S't J .:. CUuon Road, 8a14 UN ..l.s.
.. -' èG' --'-,etc·.,. Ir_Ä4"~ c&II8e>~~lc. Be
uked it tJI1a ~ lie. *tall-atôp. - Ia'1"'I'--.1O,~ bardship
of tueII on th1B ~. .....t about the 1'8I!Uct1aD or property
ftlue on tile ~ ,1a'~ÌIè aNa.·1Ib1ch IIOul4 ,1I.It eauaed b7
a aerY1ce station. .......a1 stations in the ~:~ raHed.
Mr. SQre said he _ at U. \;i1:7 Council 118et1lW1Iben the
residents were asllU1"8d b7 the City Council tbat tbere would
never be a service etattoa there.
Mr. DueUo said he 1.8 __ of' the propertyownera 1ø9Olvcd in
this. He hopes the CitT COuncil doesn't ~rant Vee Permits
only to areas where they reel they would be successf'ul. He
added tha~ he would be ir:terested if the home owners would
~1ke to p:rchase tile ¡IrOper1;7 for a park. Mr. V. B. Duke,
22"311 St. Andrews, ..14 this could be a beauty apot.
Moved ty CQunc. Noel, seconded by Counc. Pitzgerald, to close
the ¡>..:tl~c Hearings.
JfDtion carried. 5-0
In View cr the tact tbat the Planning Coaa1sslon sa- fit to
deIV' t1".1B appl1catiO!'l, and the overwhøll11ng _J0rit;r of the
people are oppo.ed to this Use Pel'll1t, it ..s lDOyed '07 Counc.
Pinch, seconded ~ Counc. nt.gerald, that U.. i'endt applica-
tion 1-:7-66 be d~ed.
COun~. Pltzgerald atated tbat CUpertino has an ~tten policy
of no serrtce stattoaa DI!Irt to Ntlidenc... The Co\IDty has
srente<: a Use PeN1t at JIbothil1 and JlcC.l.ellan - !'our years
ago; per:'pe th1a _14 be . bettar spot.
AYES: C:c::r:c. 1P1ncb, fttzgerald, Moel, Stokes. J)espIIter
MAYS: 1Icne
JID~16n carried, 5-0
B. VAUJD'TI'l'Llb AJIPU._Uon l-z-66 for Rezon1Dg f'roII R3-2.2"
to COlI. Oeft.. 5.22 aeres southeast corner or 1I1l1el' Avenue
and Stevena Creek Bl'ld. Reco_nded b7 1'18_1'1£ CQGllliss10n
Resolutions 329 and 337. (Continued tram March 21, 1966)
(Ordinance 110. ]36)
Counc. Pitage1'llld abe...1- beclluee his orf'ice 18 involved in
this treœact:!:oo.' - -
"',
< eoun-. Stokes 1ÌIÌIÌO:_III'tO''-1' it the. appl~ .... ~h1ng to
,. ådd. JIr. Don~""Y-.F."21'-90 CO~uabua A"enue, ..t4,tbat he had
l I1aundentood that Co-"~16n i/l3 _t be 1-p....ed pr10r to
issuance or . "".1'~~:'" ...4t. . " ' , .
. '), .' _.~ . . .
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JIIovedtsy Counc. StokeS, seconded by Counc. Noel, to cl.:>se the
hbl1c H8l'1l1g11.
Mot10n carried, 11-0
Morid b7 Counc. ~. _onded by. Counc~ Boll, ~he.t appl1ca-
. t~on l-z-66 be ai'J'&"wr4 .. per p}.anning Colllliils10n' Resolution
__ Øò.· 338. .. .
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""~. en" ..-. CoUIIC..-' .~ ~;I.. 8to~"l1eiIpé~er
L.~~Y, ...~:1'_1 ~ ----~~ ....~ .
W ~ __....<e .(;. ,__c .;'" ',. ~
'" . :,i.¡'¡'A ~. .V-"'~-.A~l'··"· _ al4:,- .-
. . ',' ~1oD 'cUr1ecS~; .,¡~ '.....,
, '.~,."'~ r-. . _ .. .,.-4
,,:i! _ - :i,,;:_¡.a~~;·'r:'~'''·;.''¡~.' .~ éoúñÒ."Iwï:"t~. . ()rd1nanCe
..~ ""'"t",~ . ... I'WIIII -~._..... ....... ,. . ,...'.
,,~_..... <~. . -, ........ .,.., . .
. ~ - ,..,. 4.('1 " . . .. - .- ",- ....., .'. . '
~ ,. Z~'tA'!lSloO.c.~" ,~l S"'^..... '. -.......:..ter.
.'~ ~ .....ø - ...,..... ~,. ~.-.
_aD: ....::- S.'
"~.""'IUILJI eo-. ~d
IJot10ncarned, I ..q
''lhe. De~ty Cit7 C1..-k mtroduced QrlUnance No. 336 by P1ret
'Reading.· .
C. ORDDfAØ::E 22O(S): An Qrdlnance of the City of' Cupertino
Amending 01""'-- No. 002 a. 220, Regulating the Height
of a¡lldingø aø:I Other Structures IInd Including Certain
Other Regulatlo_ f'or Television and Radio Aerials.
Recommended by PlaJ1n1ng C01lRDlssion Resolution Bo. 320.
Mayor D<!mpster asked tlat the Minutes reflect that when sr.
individual has alS his hobby or interest the subject matter at
hand, :It is very d1.rt1cult to dlsassoc18te himSelf tron: that
pap';iculsr subject. Pol' example, when a lawyer reþresents
himself in a court case it is often said that he has a fool
tor a la1l7er, or the 1a1I7er has a fool for a cl1ent.
Mayor Dempster asked f'or cOlIIDents from the audience.
John Marchant, 11135 laPalO111&, said he came down here 7 or 8
mor>t~.s ago to pre__t IS large antenna in his beck ,.rä, with
a petition cont...1nf"'£ BOlle 95 names· supporting this. He
moved to this area because of the underground utili t1es.
He has facts tlat tber<: ,"s no longer a nef-"1 tor this height
tor radio aerals; with "::-te innovatlon of "spoons" or "diehes."
Mr. Alf Medine, 2l77l Alcazar, Manta Vista, expla1..::d how a
large antenna 18 nec....ry in the lower r!'eQuenc~es. The
amateur pl.,.. an 1apOrtant part in emerg..'t1cies. The Director
of Public Works _ t;ecbn!.cal1y astute in anøwering questions.
He feels the huI v_tors' aerials are no less pleasing to
look at than 'l'V' ~B.. .
Mr. Marchant said a "iv antenna 18 l~~ & chillM7 on a home; a
70' antenna with 30' _lit is not.
. ' ,
. . '.~., ; - .
Mr. Paul Johnaon, IIIm1;erey Court, CÚp8rt~,..aid BaYWOod
Terrace aubdiY1a1oD 111 95!' against the w14th and height of
t:bése th1l18ll;~ .....JbU.nIt...~ tha,t. 11" the uateur 18 re-
c¡ú1J'edto :~:Jda'~ .~~~l:~"'~ ~he T'I antennas.
,. .' .
Mr. Tom amter, 221/71. Blluatrol C1!~, .aa1d .1rthe height regula-
tlol1ll were mo"ed up ~ 55' for the ...teüra, e"eryb0d7 could
live within tlBt IJe1Sbt .limitation. If it 18 lO1Hmld, th&re
would be no '" ~n.
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Mrs.Estin Baker, 11107 !.Ind& Vista Drive, Cupertino, objects to
excessive helght and span of ~dio antennas tecause they inter-
fere with the view.
Chairman Johnson said there was a 3-2 vote for height of ~9'.
There was a split vote for no control over arrays becsl.:Be it
would be extremelY d1t't'1cult to enforce. He then quoted other
cities' regulations.
Mr. Theo CoMQ,nt;, ;L.1916 L1nISa Vista, said the strong opposi-
tion coees f'roII~_ ðôc! ~rftce,but the OrdinanCe would atf'ect
all or CUpart~.,. ..,
. .._-" ....
.JIr'...Bob,~n..JOeÙ4 DecIdar!i aa1d there 18 IXI street in
C«III'Ì't1Do' ti't'Ø' ~l'èt.17 .M;. or: c:"erhead w11'e11, lights,
etC'!. .- ,.
ììio. Bob Rob1Mtìn. ll~ t4hð8: ViataDr1ve, .reviewed the tact8
on which the Planrd.ng CcaID1asion based their recQlllller.dationa;
then reviewed h1B statements recorded in previou8 minutes at
both Planning COmmission and City Council ceetings.
Mr. Rol&nd Fitzgerald, lOI!20 East Estates Drive, Cupertino,
said they initially -åsked for 70'. The trend is to go higher,
not lower,
Mr. Vince LaPorta, 21029 Sui sun Drive, said he has a 58' com-
mercially built antenna, which cost $250. His equipmant 13
home built.
Mr. Sid Jarvis, 20460 Sunrise Drive, compared this with the
fluoridation situation whereby the people in San Jose voted it
in and the Cupertino people who also use th1s water were not
given the opportunity to vote on it.
Moved by Counc. Pinch, ~econded by Counc. Fitz~erald, to close
the Public Hearings.
Motion carried, 5-0
Counc. Stokes said: 1. It appears that regardless of what
elevations we set, we run into problems when we get into the
foothills. He does not ..ee how any height can be p1cked to
solve ttás problem. 2. What sbout the policing of this
OrdiMnce?
The City Attorney said wa would have the cooperation of the
installers and would keep a record of breakdowns. etc., to
aid in the enforcement of the Ordinance.
Moved by Counc. Finch seconded by Counc. Fitzgerald. to
adopt Ordi;¡ance 220(g), amending Section 68: 1 to read: "TV
8þtennas!lhall not exceed 119' above ground and radio aerials'
shall not exceed 55' above ground !". .
Mayor Dempater did not see how you can pick an arbitrary height
and say this is ideal.
AYES: Counc. Finch; Pitzgerald, Noel, Stokes
RAYS: Mayor Dem;l8ter
Motion carried, Z,-l
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VII:I <III>I1'W«:F.5 AND RB..~WTIORS FOR ADOPl'ION
ŒIDIJW1CE NO. 335: &.eD4ing Section 1 of Ord1Jla4Ce No. 2
b7 Reclassifying a Certltin Portion of the City of' Cupert1no
fMII an R3-2.2* ancI 83-2.7- to R2-4.25i District.
Second Readlng.
1IoY8d b7 Counc. Fitzgerald, seconded by Counc. JIoel, to have
~e lb. 335 read ~ title only.
A.
,
".... ~1ÓD carried. 5-0
~e lb. 335" h&.A.c!ueed 117 Second 11-'''.
'.",;:~&~ CauDo. ....~:..~Nconded 117 Co\IDC~ ~, t..t
; .'. e lb. 335 be .
r "c; ~ Coanc. P1noþ.:.ft...1 a14, Jlod, StoJr.., DlllllBter
o "t JIDDe
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f:
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Jløt10n carñed, 5-0
B. IIBSOUJ'l'IOH HO. 1263~ C~.lIH!lIOratîng A. Peter adg.
l!eaolution 110. 1263 was read by Counc. Stokes.
IIoved b7 Counc. Pinch, seconded by Counc. Stokea, to adopt
Resolution 110. 1263.
AYESI Cclunc. Pinch, Pitzgerald. Noel, Stokes, Ilellpeter
BAYS: None
Motion carrled, 5-0
DC ?AYIIÐ BILUI
h. Resolution Mo. 126b and 1265.
Resolution 110, 12611 was read by Treasurer Fitzgerald.
Moved by Counc. Stokes, seconded by Counc. Noel, to adopt
Resolution No. 12611.
Aii'ES: Counc. Finch, .\>1tzgerald, Noel, Stokes. Dempster
BAYS: None
Mot10n carried, 5-0
Resolution 110. 1265 _s read by Treasurer Fitzgerald.
IIoved by Ccunc. Stokes. seconded by Counc. Noel. to adopt
Resolution 110. 1265.
AYES. Counc. Finch, PitZ4!;erald, Noel, Stokes, DetDpø1;er
DYS: Mone
Motion carried, 5-0
X RBl'ORT OP OPPICBRS
A. RBl'OR'1' OP CITY 'l'RBASORER -- He had nothing t'urther to report.
B. RBPOM' OP CITY MAJWJE8
l. Be requested an exective session at the close of the
_ting.
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c. !IBPOftl' OIl DIR!U!'OR Of' PGELIC WORKS -- See written report.
D. REl'ORT OP CI'l'Y EIIUDIII!3
l.
Tract Mo. 3896, BQwood Terrace, Unit No.5. Bubb
Road at ~'Bced. lUoor modification oC lot line
between lots 218 and 2l9, requiring r.o Council action.
Tract .. :3~~ ~ Rock Mountain. Regnart Road at
~ IaJIa'¡ "
1Ir'. Olllft VII]~'" -. ea1d the reascn the of'f' site 111-
14vnmnt..·'...... J:Ieen completed Is 1nC18l88l1t w.ther.
U)Ion NO' ., .JII¡UoDO.-.-.the Cit7 Bng1neer. it _s moved
~ Counc. ~.. seconded b7 Counc. Pinch, to grant
sb:__nth ez1: 1., ror cOlllpletion of .mun1cl¡al 1JIprove-
ments.
;;",-,;t .z:
.r ¡,:~"-' 2'.
,;f!:",1, .....
-, . ,3"
Øot2.0n carri'!:Ct, 5-0
3. HoIIestead Road. -.u.co Pal'k dedication.
Upon rec-......t;hm of' the City Bng1neer, it _8 moved
b7 Counc. Pitzgerald. seconded by Counc. Noel, to adopt
Resolution No. 1261, accepting roadway dedication
troo Vestern Title Guaranty Company.
IIotion carried, 5-0
11. van Vleck Realt" NIt corner Saratoga-Sunnyvale Road
and Kirwin Lane.
Upon recommendati~n of the City Engineer, it waa ~ved
by Counc. Pinch, aeconded by Counc. Pitzgerald, to
adopt Resolution No. 1262, authorlzing execution of
the ReimbU1'8~ Agreement with Van Vlecl: Realty
Profit Sharing Plan and Trust.
Motion carried, 5-0
5. Val:..y Green, east side of Stelling Road, north of
Valley Green Drive.
Vpon ioecoi1llDE>nda.t2.0n of the City &¡g1neer, it was
¡;:oved by Counc. Stokes, seconded b7 Counc. Pitzgerald,
tc adopt Resolution No. 1266, approvln~ final plane.
Motion carried, 5-0
Upor. recommenda~ion of City Englneer, it was moved
by Counc. Stokes, seconded by Counc. pitzgerald, to
adopt Resolution No. 1267. authorizing execution of
Agreement.
Øotion carried, 5-0
Upon recolllDeDdat2.0n of the City Englneer, it was moved
by Counc. Stokea. seconded by ·Counc. PitzgcraJd, to
adopt Resolut.~~n Ro. 1268, accepting roa~y dedication.
Motion carriEd, 5-0
l;pon reco,'~' "'~n of City Rngineer, it _s IDOVed
b7 Counc. StoJr-.. sec>ondad by Counc. Pitzgerø1d, to
adept. Hesolvt1oa 110. 1269, accepting roadwa, dedication,
~t1on carried, 5-0
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upon rec.c. .nJation of C1tr Eng1n'!ler, it was IIIOVed
by Counc. Stokes, seconded b7 Counc. P1tzgera1d, to
adopt IIetIOlut10il No. 1270, accepting ato1'll drain
easement.
Motion carr1ed, 5-0
U';IOn l'BC._ ._1ø.tion of City Engineer. it - IIOved
b7 CounC. 8f;oIœs, seconded b7 Co\IJ1C. fttsprald, to
adopt RMoluUon No. 127l, accept1JlS ato1'll drein
eIIS_t.
JlDtlon carried, 5-0
I. ....a OJP arJr ..e6---L'itl'l -- lIB bid notlW1S tul"tber to report.
II ~ Jœ.r\IId OP ...~.._.- J]Brm,,-i'CIl
1. 30.~ of' tile CGDIItructlon ot the o1.::y hell has been
coeplete4.
G. ~.. OP ~ DIRBC'I'ŒI
1. The laraer p~¡ds will be on a la-I! ðaily schedule
during Ba.~r ~ek.
<;, There will be BaSter Fgg amts at W1lson, Paria snd
Manta Vista Schools.
H. FEt)RT OF PLA."!h"1iG DIREX:TOR
:>;;, ~o the late hoUr, the Director offered to submit a
,,~~ten Nport. '1'hI! Council agreed to thiS.
XI UNFl)i:::;EED BJSINESS -- There was none.
m NEW 3JSDlESS -- Thera _s none.
nIX ADJOC:~
Move:: :] Crunc. Fitze;errold, seconded by Counc. Moel, to adjourn
to ~ :xecutive selsion at 12:15 A.M.
Motion carried, 5-0
Moveè ::: Counc. Stokes, seconded b7 Counc. Pi tzgereld, to
.ldJou-~ ~he mee'ir,g at 12:30 A.M.
Mot10n carried, 5-0
APPROVED:
/s/
J. Robert Delllpeter
l'Byor
.........-.&. :
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øepl1;Y C1t; ClerK'
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