PC 06-23-69 CITY OF CUPERT�NO State of California
10300 Torre Avenue, Cupertino, California 9501�
Phone: 252-4505 PC-16
80,000.4
MINUTES OF THE REGULAR MEETING OF THE PLANNING CONIl�LLSSION
HELD NNE 23, 1969 IN THE COUNCIL CHAMBERS� CITY HALL, CUPERTINO�
CALIFORNIA
The meetin� was called to order at 8:00 p.m. by Chairman Hirshon, who call to order
subsequently led the assembla�e in the flag salute. flag salute
Commissioners present: Irwin, Frolich, Buthenuth, Puet�, Hirshon. Qlso
present: Senior Planner Laurin; City Attorney Anderson;� Assiatan;, Planner
Eng; Director of Public Works Yarborough; Recording Secretary Lucie M. roll call
Matzley.
Commissioner Puetz moved, Commissioner Buthenuth seconded and it was
passed unanimously to approve the minutes of the May 26 i969 meeting as minutes
submitted� approved
Upon t"�.e motion by Commissioner Puetz and the second by Commissioner
Frolich, the minutes of the June 9, 196H meeting were unanimously approve approval
as priMted, with Commissioner Hirshon abstaining. of mir3utes
There were no announcements of postponements nor were there any written
communications.
The Chair recognized Mrs. Stella Kester wYio had asked to be heard on a
ma.tter not listed on the official a�enda. Mrs. Kester stated that she
was desirous of erecting an 8' fence at the location of the present chain oral
link fence to further eliminate flies and odor generated from,her horse communication
ranch operation to the adjoining neighbors. Chairman Hirshon advised
Mrs. Kester to contact the Planning Department for assistance in this and
other matters prior to submitting them to the Planning Cor�unission.
Public Hearings
A. 5-V- Franklin Homes; Variance to allow existing fence to 5-V-6
remain short of legal setback, 10530 Ainsworth Drive. First legend
Hearing.
Mr. Dave Franklin, President of Franklin Homes, made the presentation
explaining that the fence which had been erected and subsequently approved
by the City had erroneously been constructed too far in front and he
asked that the fence be . permitted to remain. According to Mr. Franklin, ,
the homeowner most directly affected by the fence was not objecting to presentation
having it there as this lot was open on three sides and the fence would
give the residents additional pr�vacy from street viewing particularly
since a swimming pool was planned.
The Senior Planner voic�d no objections to this plan. However, Director
of Public Works Yarborough reported that the Building Departm�nt was
concerned with the existing fence as this variance might be used as a staff report
basis to ma,ke f�.irther requests.
page 2 inut�s of the Pl�.nn? n� D�r,�,�°tment June 23 1969 Pc -16
80, 000. �+
ppl.ication 5-V-69 cont
There were no audience comments.
p. h. Commissioner Buthenuth moved, Commissioner Irwin seconded and it was passed
closed unanimously to close thF public hearing.
motion Commissioner Buthent�th moved to �zpprove Application 5-V- with a one-year
to limitation. If �here az°e no objections from lo�al property owners, this
approve application sha11 automatically stand approved after that time. Commissioner
rolich seconded,
here ensued considerable discussion on the subject of limiting the approval
o a certain period of time as well as the previously cited possibility �f
setting a preced�nto The Cit� Attorney gave the Commissioners the benefit
discussio of his opinion on both subjectsv Accor�ding to Attorney Anderson, the
applicant has given sufficient notice to the public and there has been no
rotest to thi.s application. Thus, there was no reason for this Commission
ot to pass on the mattero
amendment Commissioner Frolich moved to amend the motion to remove the one-year li.mitation.
Commissioner Irwin seconded.
motion fter further c1�.rification of certain points, Commissioner Irwin withdrew his
withdrawn second, Commission�r Buthenuzh withdrew his original motion.
5-V- Commissioner �rwin moved to approve application 5-V-69, Co�nissioner Puetz
approved seconded.
yes: Commiss�.oners IrHrin, Frolich, Buthenuth, Puetz, Hirshon
oesa None
bsento None
16-Z-� 0 16�Z-690 California Lands Investment Company; Rezoning from single-
legend famzly res�,dential 10,000 sq.fto lots (R1-l0ag) to light industrial
(ML)� 1`�077 acres located north side of McClellan Road adjacent
to and west of the Southern Pacific Railroad tracks. First Hearing.
en it became app�rent that the applicant was not present, Commissioner
matter uthenuth moved, Commissioner Puetz seconded and it was passed unanimously
deferred o defer thi� matter to the last item under "Public Hearin�s".
� 17 9 -Z-6 / C. 17-Z -69,/1�+ -TM -69/lo -U -6g/11 -U-69a James G. Boghosian; Rezoning and
14-TM-6 Pz°ezoning from �ingle-family residential 10,000 sq.ft. lots (R1-10)
10-U- 9 to General Commex°cial (CG�, and Tentative Ma.p, approximately 2.35 acres
11-U- 9 located sou'�hwest corner of Iiomestead Road and Maxine Avenue; Use
le�ends Pex°mit for Fraternal Lodge and Use Permit for automobile service station.
First Hearingv
. Daniel. Dono�tan, Attorney and representative of the applicant as well as of
present- the Moose Zodge, made the ,presentation and asked that he be permitted a rebuttal
ation period after audience comments had been heard. The CommTSSioners concurred.
Minutes of the Planning Commission June 23 1969 PC-16
80,000.4
Applications 17-Zm6g/1�+-TM-6g/lOmU-6g/11-U�6g cont'd pa�e 3
Mr. Donovan explained that there were three lotso lot C on which the con-
struction of a gas station was proposed; lot B for future construction
and sale to another tenant; and lot A for the fraternity-lodge house of proposals
the Order of Moose with an existing old church already on the property c�efined
as well as a residence which could be used as living quaxters for the
secretary of the lod�e.
Considerab�e discussion ensued on the lot between the proposed construct-
ions and. wh�,t was planned for this loto Mro Donovan explained that the
service station h�,d not needed a rear lot deeper than what they had acquired
and the Moose Lodge could not afford the property, although it could use
the actra spac�a Mro Donovan volunteered to having a condition placed discussions
a�ainst a possible approval of the service station and the fraternity
house by which the left-over lot shall have sufficient egress and ingress
for future development by otherso
Senior Planner Laurin explained which conditions would need to be imposed
upon an approval �nd elaborated on a previously submitted fact sheet, staff report
copies of which had been handed the Commissioners for their information.
Since Mre Laurin had stated that the revised Tentative Map now=presented
to the Commission had been submitted too late for adequate perusal by his
depaxtment and since there were mar�y questions that needed answers, the �application
Commissioners felt that the applications should be continued to the next deemed in-
meeting affording joint meetin�s between the staff and the applicant to complete
resolve some of the points brought out at this meetin�.
Mro Ro Do Koenitzer, when permitted to do so by Chairman Hirshon, stated
that he was not objecting to the Moose Lodge but to the possibility of
still another service station, especially since the interchange of the audience
freeway was only onemhalf interchange rather than a complete one. Also, comments
that in his opinion and concurring with Commissioner Puetz, a different
use could b� found for �his corner lot,
After Mro DonoVan h�.d been given an opp4tunity to speak to the points 17=Z-7
raised, ComznY�sioner Frolich moved that all matters listed on the official 1 TM-
�genda be continued to �the nex� regular meeting, that the tentative map 11-U-
be brought �o a current status with copies submitted in the usual fashion 10-U-
and that the applicant and staff consider the change to Agricultural- continued
Recreational �A-u�) �onin� for the Moose Lodge property. Commissioner
Irwin secondede
Ayeso Iz°win Frolich, Hir�hon
Noesm Co�nis�ioners Buth�n�th ancl Puetz
Absent> None
Chairman Hirshon called a recess at 9t30 p.m, recess
The meeting reconvened at 9e�+0 pomo
Commissioner Irwin mov�d� Co�unissioner Puetz seconded and it wa,s passed 16-
unanimously to discus� Item Be under "Publ.ic Hearings", Application ordered hear�
16-Z-6g, at this timee
page � Minutes of the Pl€�nnin� Gommi�sion Ju.r�e 23 lg6g PC-16
80 � 000 . �
Appli,cation :1��Z�69 cant p d
Mrv Jerr.y Dunn of C�,lifor.°nia Lands m�de the presentation, apologizing
for hav�n� been delayed and stating that he had only a preliminary sketched
present� �entative map �,t thi.� �ime w�ch he would submit if it was felt necessary.
ation Mr, Dunn x°ef�rred to Senior P1.anner Laurin memorandum �o the Commissioners
by which �h� �,pp:lic�,nt, shall. 3.mpx°ove one�-half of McClellan Road and by which
there shal.� �� no acces� �ong 600° of fronta�e between Bubb Road and
Imperial A�tenue o
Commi�sionex° But'henuth reques�ed th�t a possible approval of this application
conditions �� �onsi�.e�°ed w�tk� th� �x�ct same coaditions ae the approval of West Valley
�equested Indu�tri,al P��°k� ieee Application �+-Z�67, approved by Planning Commission
Re�olution �+06 on M�.�ch 2'�� 1g67 as amend�d by Planning Commission Resolution
�+Og on Ap��1 :11, �.9�70
City Atto�°ney Andex°son requ��ted �t�h�t the rough sketch of the Tentative Map
defini�ion be identi�ied a� " pr�l�m�n�,ry engineex�ing study" and be made a part of this
applicationo The Comoai�sion�rs concurred to both requestso
When perm�tt,ed °�o do so by t,he C�a,ir� Mro Ro D. Koenitzer said that he was
no� happy �r�th �;h�� proposal a� he fe].� that �. better use could be found for
this pi�ce of p�°ope�°ty �nd that, �hould the application be approved, it be made
audience contin�ent upon �eve�°a,�. conditions� such as: that there be no driveways on
comments McClellan, �hat � buffer �tr�_p be plan�ed providing some sort of isolation
fo�° the adj�,cent �iome�, should the crossing be approved by the Public Utilities
Commissinn tha°� this �.pproval be made a condition for the development of
the Indu��rial Park �nd �hat a means of access b� provided elsewhere so that
k�eavy t�°ucks �„nd equipm�n°� will not utilize McC].ellan to Bubb Roado
Th� Co�ni�sioners �°eques�ed �hat they be supplied with an a�rreeme.nt between
request b�r t�e appl.icant and �he staff �s �o exactly where the egress and ingress was going
commission to be con�t�°ucted and that it would be necessary for the two parties to make
�, coop�x°�,tiw�e ef�°or� in �h�t, connectiono
City Attorney Anc�e�son cautionecl that any restrictions would need to be placed
caution a�ainst the Tentative Map �,s well as against the zonin�. Further discussion
ensued �nong t�� Commi�sion�rs on the ro�,ds in general as well �s widening of
Bubb Ro�d.
p. he Commission�r Pize�z moued� Commi.ssioner Irwin seconded and it wa.s passed
closed unan�mousl.y to cl.ose tYx public hearing v
16-z-69 Comm�ss�.o�er Puetz movecl �o approve Application 16-Z-6� with the 12 Standard
approved Cond��ion�;w�th cond��ion 13) that the deve�.oper proviae right of way for
with continuin� Bubb Ro�,d �,o McClellan Road and connecting Imperial Avenue to
conditions Bubb Road; 1.4� �hat �he developer �h�,ll, if necessary, post bonds to reimburse
t�e City for cost� of �.cquisi�ion by eminent domain; 15, that the fo.11owing
conditions s��1.1. be pl�,ced upon this application as stated under the ori�inal
app�°oual of t,�e West V�.11ey Industri�,l Park (Application 4-Z-67), i.e. #l�+ as is;
#15 x°evised; #16 r�vised; # 17 �,nd 18 as is and #20 revised. Commissioner
Buthenuth secondedo
Ayeso Commiss�oners ��°win, Frolich, Buthenuth, Puetz, Hirshon
Noeso None
Ab�ento None
Minutes of �he Plann%ng Cammission June 23, 1969 PC-16
80,000.4
Pa�e 5
D. 81,00�+.�.22: I,i�h� Industrial Ordin�,nce, 220(k). First
He�,ring 81, 00�+.122
Mr. Ralph Ramona �t�ted t�at there were six applications previously
approved by this Commi�sion and lze wondered if the new Ordinance would
apply a��ins�t �,ny of°°t�hem. �t was Senior Planner Laurin's understanding questions
that the �peci�.� conditions for West Valley Industrial Park would still
apply and not be abrog�,ted by the new ML Ordinance.
City Attorney Anderson �u�ge�ted that a clause be �.dded to this Ordinance
stating that " Ox°di��.nc� sh�.11 not apply to any maps on which clause
ten or f�,nal maps �ha.�°e px°eviously been approved" . suggested
Commissioner B�utn�nu�k� s�uggested that the applicant contact the Public
Works Departmen and �h�,t the Dir�ector of Public Works and the Senior solution
Planner fo�°mul.ate ��e applicab�e wording fox° this instance. suggested
Mr. Joe Wo��hex° of `��.�.lco F�,x°k wondex°ed �.bout the building heights for
Planned Indu�tx°i�,1. Park zoning or use as opposed to Light Industrial (ML) question
i zoning, and if any of th� Val.lco P�,s°k buildings would be affected.
I
After some disc���ion of the m�.tter Commissioner Frolich moved to add
to Sect%on 116 Qf tk�� 0�°din�,nc� "one foot, of �.dd�.tional height for every amendment to
4 of additiona:� setback sh��l. be the requirement". Commissioner Irwin verbiage
seconded and it w�s pa��e�i una.nimously.
Section 120.1 Pa�°king �tructur°e R�,tio, was discussed. Commissioner
Frolich fel� tha�t a��e�,ion should b� added stating "that arrangements �
satisfactory to the Ci�y slha�l be made w�here the use of a parking structure
is mor� f��.sibl�", Commis�i.on�r Frolich moved, Commissioner Irwin seconded
and it was pa���d ��.nimously to continue discussion on the Ordinance matter
to the next r�gta.l.�,r meetinga continued
Commissioner Buthe�uth moved for ad�ournment, Commissioner Irwin seconded
and it was passed unanimously.
The meeting ad,journed at 11:25 p„m�
APPROVED:
� .� 1
.�.�. G. � (�- �--=-•--�C..�._
/ Jack T. Hirshon
� Chairman
ATTEST:
PLANNING DEPARTMENT
l�' ��( � / C L 1/1�"U�
Adde Laurin
Senior Planner
-5-