PC 07-28-69 CITY OF G[JPERTINO, State of California
10300 Torre Avenue, Cupertino, California 9501�+
Phone: 252-4505 PC-18
80,000.4
MINUTES OF THE REGULAR MEETING OF THE PLANNII�TG CONIMISSION HELD
JULY 28, 1969 IN THE COUNCIL CHAMBERS, CITY HAI,L, CIJPERTINO, CALIFORNIA
The meeting was called to order at 8:00 p.m. by Chairman Hirshon, who call to order
subsequently led the assemblage in the flag salute flag salute
Co�nissioners present: Irwin, Buthenuth, Puetz, Hirshon. Absent:
Commissioner Frolich. Also pre�ent: Senior Planner Laurin; Assistant
Planner Eng; Assistant Director of Public Works Viscovich; Recording roll call
Secretary Lucie M. Matzley.
Commissioner Puetz moved, Commissioner Irwin seconded and it was passed
unanimously to postpone the approval of the minutes of July 1�+ 196g approval
to the next re�ular meeting because of Commissioner Frolich's absence. postponed
Seni�r Planner Laurin advised that the applicant for Application
17-TM-69 had requested a continuance of the public hearing on the
matter to the next meeting.
Commissioner Puetz moved, Commiss�.oner Irwin seconded and it was 17
passed unanimously to continue Application 17-TM to the next meeting continued
at the request of the applicant.
Seni�r Planner Laurin advised the Commissioners that he was in receipt 81,005
of several written co�unications from the Couhty Planning Commission,
the first af which was a request for a Use Permit for a private school
to be located at Imperial and Lomit� Avenue�.
Commissioner Irwin felt that, since only a request had been submitted
by the County with no maps and only a suhstantiating memorandum from
the Senior Planner, it would be impossible to make a decision because
of lack of information.
Commissioner Irwin moved to request that the County Planning Commis-
sion po8tpone a decision on the matter until such time as this Com-
mission has had an opportunity to study the matter via a report from
the Planning Departmente It was Mr. Irwin's expressed hope that the cooperation
County would not act on the matter prior to consulting the City of requested
Cupertino, Commissinner Puetz seconded and it was passed unanimously.
The second communication from the County was a request for a Use
Permit for a service station at the northwest corner of Homestead request for
Road and Stevens Freeway. gas station
Commissioner Irwin stated that he was opposed, in general principle,
to additional service stations since some other development could be
considered. G'hairman Hirshon agreed stating that he would prefer to
have this site considered for some professional use as it seemed that
only service stations are considered by the County for the perimeter o
Cupertino.
page 2 Minutes of the Planning Commission July 28, 1969 PC-18
80,000.4
Written Communications cont
Commissioner Irwin went on record to say for the information of the
joint County Planning Commission, that this Commission is opposed to another
efforts service station in that vicinity and that it recommends some other,
asked perhaps professional, use for the site especially in view of the fact
that this body has recently denied an application for a service station
across the street from the proposed site. Furth�r, that this Commission
urges the County to join this body in efforts to elimir�ate a proliferation
of service stations. ComQaissionEr Puetz seconded and it was passed
unanimously.
The third request was one for a rezoning from R1-10 to 0A of one lot on
the east side of Stelling Road between Gaxden Gate and Greenleaf Drives.
rezoning Senior Planner Laurin had advised against the rezoning for reasons of
request resultin� desultory strip developments.
denied Commissioner Buthenuth moved, Commissioner Irwin seconded and it was
passed unanimously to accept the reco�nendation against the rezoning
as submitted by the Senior Planner.
There were no oral communications.
Public Hearings
18-Z-69 A. Application 18-Z-69: Cupertino Hills Swim & Racquet Club; Rezoning
legend from single-family a�,�icultural-residen�ial 4D,000 sq.ft. lots
(Al-�+0) to single-family residential 7,500 sq.ft. lots, approximately
2.18 acres located southwest corner of Rae Lane and extension
of Linda Vista Drive. First Hearing continued.
Mr. Dave Shanding, Facilities Chairman of th� Club, made the presentation,
submitting a small map and explaining that the property had previously been
divided by approved tentative map into two parcels of land, one to be
retained for the club's use and construction of the club house, and the
other intended for sale and subdivision to R1-7.5 lots.
Senior Planner Laurin did not voice any ob�ections to this proposal. There
were no e�udience comments.
p. h. Commissioner Puetz moved, Commissioner Irwin seconded and it was passed
closed unanimously to close thE public hearing.
18-Z-69 Co�issioner Puetz moved to approve Application 18-Z-69, subject to the
approved 12 Standaxd Conditionse Commissioner Buthenuth seconded.
Ayes: Co�issioners Irwin, Buthenuth, Puetz, Hirshon
Noes: None
Absentt Commissioner Frolich.
13-U-69 B. Application 13-U-69: Vallco Park; Use Permit for two-story office and
legend manufacturing building on 4.2 acres at 10300 North Tantau Avenue.
First Hearing.
Mr. Walter Ward, General Manager of Vallco Park, made the presentation explaining
that the proposal was for a two-story, 60,000 sq.ft. light manufacturing
multiple-tenant building, located adjacent to the Tantau Freeway overcrossing
next to the Warren School and Westwood Oak subdivision.
Minutes of the Planning Commission July 28 1969 PC•18
80, 000 . �+
13 cont'd Page 3
Mr. Ward f�,irther explained that the City c�f Santa Clara had approved
the proposal, as had the Cupertino Union School District, and that a
two-story structure had been planned to bring the level of the windows
to that of the road, thus affording a gre�.ter architectural harmony.
Also, that the structure would have sufficient and effective land-
scaping and would have a�n all underground parking facility.
There were no audience comments.
Commissioner Irwin moved, Commissioner Puetz seconded and it was passed po h.
unanimously to cloee the pu'blic hesring. closed
Commissioner Irwin moved for approval of Application 13-U-69, sub�ect 13-U-6
to the 12 Standaxd Conditions. Co�unissioner Puetz seconded. approved
Ayes: Commissioners Irwin, Buthenuth, Puetz, Hirshon
Noes: None
Absent: Commissioner Frolich
C. A�plication 16-TM-69: Valley Green Compar�y; Tentative Map 16-TM-69
27.11 acres located on Valley Green Drive at Stelling Road. legend
First Hearin�.
Mr. John Griffin with Alpha Land Company made the presentation stating
that the applicant was desirous of changing the record of survey to a
recorded map which had not been done previously, but that the fourth
and last phase of the construction was being completed and a final map
was deemed advantageous at this time.
There were no audience comments.
Commissioner Irwin moved, Commissioner Puet� seconded an d it was passed p. h.
unanimously to close the public hearing. closed
Commissioner Irwin moved to approve Application 16-TM-69, subject to the 16-TM-6
12 Standard Conditions. Commissioner Puetz seconded. approved.
Ayes: Commissioners Irwin� Buthenuth, Puetz, Hirshon
Noes: None
Absent: Commissioner Froiich
When it became apparent that the applicant for Application 18-TM-69 was 18-TM-6
not in the audience, Commissioner Buthenuth moved, Comonissioner Puetz deferred
seconded and it was passed unanimously to place the application to the
end of the listed a�enda.
F. Applicat3.on 14-U-69: E.A. Maionchi; Use Permit for Drive-in l�+-U-6
restaura.nt at southeast corner of Orange Avenue and Stevens legend
Creek Boulevard. First Hearing.
Mr. John W. Rintala, Reeltor, represented the applicant and explained
that the proposal was a simple plan to put the property to good use. The
applicant agreed that there were other uses to which this property would
lend itself but because of its shallow nature it would receive a small
restaurant construction much in the same fashion as Foster Freeze sites,
designed for quick orders and drive-in trade.
p�e 1� Minutes of the Planning Commission Ju1.y 28, 1969 PC-18
80,000.4
1�+-U-69 cont'd
Senior Planner Laurin requested that, upom the approval of the application,
a condition requiring dedication and improvement of Orange Avenue to 30 feet
from the center line be impos�c�.
When Chairman Hirshon callefl for audience comments, Mr. R. D. Koenitzer said
audience that he was fully aware of the fact that this was a County zoning but he
comments questioned the need for yet another drive-in re$taurant as it was his
feeling that this axea needed upgradin� and improving and not another
debris attracting site.
The applicant showed a rendering for the proposed construction and �r,iefly
explained same. He also said that the lessees axe awaaie �f the many defunct
ventures in the area and are trying to place an architec�.irally pleasing
structure in the middle of the run-down area in an effort to upgrade all
of the surroundirigs.
In noticing that the arc2iitect had chosen what is commonly known as "DeAnza
Modern", Commissioner irwin cpmmented that he would hope to convey to
axchitects the need for more imaginative approaches and different designs
tha�n those consistently submitted which, in Mr. Irwin's opinion, lack
ori�inality.
P , h. Commissioner Irwin moved, Co�nissioner Puetz seconded and it was passed
closed ���ausly to close the public hearing.
14-U-69 Commissioner Puetz moved to approve Application 1�+-U-69, subject to the
approved 12 Standard Conditions and condition 13 as stated by the Senior Planner.
Co�nissioner Irwin seconded.
Ayes" Commissioners Irwin, Buthenuth, Puetz
Naes: Co�nissioner Hirshon
Absent: Commissioner Frolich
18-TM-69 E. Application 18-TM-69: Califotnia Lands Investment Company; Tentative
legend Map, approximately 17.77 a�res located north side of McClellan Road,
adjacent to and west side of the Southern Pacific Railroad. First
Heaxing.
Messrs. W. G. Dunn'and John Cleg�, president and engineer, respectively, for
California Lands Investment Company, presented the application. Mr. Cle�g
stated that he had been in contact with t1c�e Planning Depaxtment and that the
applicant agreed to all conditions as imposed upon this application except
for the following: 1) since one of the 12 Standard Conditions requires the
construction of a masonry wall ad�acent to residential axeas, they asked that
this requirement be waived and substituted by a condi':ion for "a masonry wall
or a pY�ysical and visual barrier"; and 2) that the no-access requirement on
Lot #1 fronting on McClellan Road be kept flexible to allow for a possible
commercial property, such as a service station,: on that site.
Senior Planner Laurin su�gested that a barrier other than the masonry wall
might be feasible but that, should this be allowed, the same condition should
also be inserted in the conditions for the rezoning. The same should apply
to conditions about access to MeClellan Road.
Minutes of the Planning Commission July 28, 1969 PC-18
80,000.4
18-TM-6g cont'd page 5
The applicant requested that there be some indication of agreement by t}�is
Comanission that, whereas no access is considered at this time, such access
will be considered at a later date so that the matter is not completely �
closed. In connection with the required masonry wall, the applicant stated
that the residential sites abutting the construction alreac�y have a wood n
fence over the entire length_of the site and that a masonry wall adjace�t
to a wooden fence would not at a11 be at�ractive, in fact, it would ma,ke
for a clumsy appearance. The_applicant voiced his will.ingness to spend
the funds necessaxy for the construction of the wall on additional land-
scaping and tree installation along the site.
When Chairman Hirshon called for audience comments, Mr. KoAnitzer stated
that by the wall construction the applicant should be ple�sed to have a audience
method with which to keep children out of the industrial site. He also comment
felt that, since this wall was a requirement of the 12 Standard Conditions,
it should be enforced; in fact, the developer should also be asked to �
install sidewalks for the safety of the children. Mr. Koenitzer also pointed
out that "no access on McClellan" had been one of the canditions placed
against,the zoning.
Commissioner Buthenuth stated that a wooden fence along the residential
area would not hold up as well or as long as a masonry wall and would,
among other considerations, add to the maintenance problems. Further,
that there was no reason to change one of the standaxd conditions at this
time. Commissioner Irwin agreed with Commissioner Buthenuth that there (
should be a wall between residential and commercial properties and that
the applicant should consider the safety factor involved by which parking
automobiles might drive right through a wooden fence into the residential
tract but could not do so if a wall were constructed. Mr. Irxin had another
thought by which the applicant could dedicate a 1,000` long strip of buffer
zone to au�nent the wooden fence already in ex�.stence, and install land-
scaping much the same as that utilized in Vallco Park, rather than the
wall.
The applicant submitted that this might be left•to th� discretion of the
Architecture and Site Approval Comm�,ttee who could, and would, impose .
their conditions upon the application also; however, Commissioner Buthenuth
reminded his fellow Commissioners that there was still the "no access"
matter to be considered.
G'hairman Hirshon stated tl�at he was opposed to any allowance for access chair opposes
from McClellan Road to Lot #1 as the a,djacent sites were predominantly access
residential in character. Commissioner Buthenuth disagreed stating that
this was not what had originally been contemplated when West Valley Paxk
was planned. Mr. Buthenuth said that the paxcel was not strictly in-
dustrial but he did agree with Commissioner Irwin on the screenin� along
McClellan Road as it might be a better idea than the wall.
Audience vnember Koenitzer stated that the applicant had been f�.illy aware
of the l2 Standaxd Conditions at,the time the zoning was approved and
that he should not be permitted tp vary at this�time. The applicant
replied that, at the time of the tentative lay-'out, he had not been
familiax with the conditions and it had taken time to apply them to the
plans .
page 6 Minutes of the Planning Commission Ju1y 28, 1969 PC-18
80, 000. �+
18-TM-69 cpnt'd
Commi.ssioner Buthenuth wondered if concYitions could be changed without
having to go throu�h another public hearing as they had been approved
during a public hearing. Commissioner Irwin cautioned that the co;.ditions
of the zonin� and the conditions of the terltative map might be in �nflict
and wondered if a thorough study of them ha�.been made. Comenissione•
Buthenuth also requested that the conditions be drawn onto the map s;� that
there can be no confusion at a later date and suggested that everythi�g
should be maxked on the tentative map prior to 3.ts submission to the t'�t.y
Council.
Senior Planner LauTiri answered tha�, if a rezoning is referred back to the
Planning Commission by the City Council, the Commission does not have
to hold another public hea�ing as a public hearing befare the Council is
in pro�ress. Also, that conditions for the zoning and the tentative map
are coordinated so that, as a consequence, changes in one should result
in changes in the other.
The applicant requested that the Commissioners view the i long property
line on which the masonry wall was requested so that further'discussions could
be held more e�editiously.
1 8-�-69 Commissioner Irwin moved to continue Application 18-TM to the next regular
continued meeting with the directive t�at the Planning Depaxtment closely review the
conditions on the zoning and those proposed fo� the tentative map to eliminate
any possible conflicts. Co�nissioner Puetz seconded and it was pa�sed unanimo�sly.
recess Chairman Hirshon called a recess at 9:50 p.m.
The meeting reconvened at 10:00 p.m.
request Corrmaissioner Buthenuth mr�ved that the City Council be requested, by minute order,
for re- to return zonin� application 16-Z- for re-study by this Commission along with
study Application 18-TM-69 so that the matter could be discharged at the same time.
Commissioner Irwin seconded e,nd it was passed unanimously.
81,004.122 G. 81,OG�+.122: Light Indust�ial Ordinance, 220(k); First Hearing
le�end continued
Commissioner Irwin moved that, since Commissione�r Frolich was absent and
matter because he would prefer to have his recommendations read into the recard,
post- the matter be postponed to the next meeting. Com�dissioner Buthenuth seconded
poned and it was passed unanimously.
Unfinished Business
10- A. Application 10-U-69: James G. Boghosian; Use Permi� for Fraternal Lodge
legend at southwest corner of Homestead Road and Maxine Avenue.
Attorney Daniel Donovan made the presentation explai�ing that thi�t portion of
the four-part application had not been discussed and that appl.ication 10-U-69
was for the back lot of' the property upon which the Moose I,odge would be
constructed.
Minutes of the Planning Commission Ju1y 28, �96g PC-18
80,000.4
10-U-6g cont'd page 7
Commissioner Buthenuth suggested that this matter be postponed until
such time as the zoning is approved and until the applicant can produce
a development plan with an indication of where the proposed swimming
pool is to be located.
There were no audience comments.
Commissioner Buthenuth moved to deny Application 10-U-69, Com¢nissioner 10-U-69
Irwin seconded. denied
Ayes: Commissioners Irwin, Puetz, Buthenuth
Noes: Commissio�er Hirshon
Absent: Commissioner Frolich
Chairman Hirshon stated that his dissenting vote had been cast because,
in his opinion, the Lodge was a good use providin� that the swimming vote
pool be located in such a manner as to not disturb the adjoining resi- clarified
dences, but that the service station would not be a good use.
Commissioner Buthenuth moved to request the City Council, by minute
order, to return this application for further review should it receive request for
approval at the City Council level. Coaunissioner Irwin seconded and it re-study
was passed unanimouslyo
B. Application 1-TM-69: Sutter Hill Development Company; Revised 1-TM-69
Tentative Map, 25 acres southeasC corner of Homestead and legend
Stelling Road.
The application was briefly discussed. Commissioner Buthenuth moved
that application 1-TM- be approved as revised and with the same condi- 1-TM-69
tions as the previously approved map. Commissioner Irwin seconded. approved
Ayes: Commissioners Irwin, Buthenuth, Puetz, Hirshon
Noes: None
Absent: Commissioner Frolich
There was no new business.
Commissioner Irwin moved for adjournment, Commissioner Puetz seconded
and it was passed unanimously.
The meeting ad�ourned at 10:30 p.m. � ad�ournment
APPROVED:
�) �_ �.
ATTEST: Jack T. Iiirshon
Chairman
PLANNING COMMISSION
i
�� .
Senior Planner