PC 08-28-69 CITY OF CUPERTINO, State.of California
10300 Torre Avenue, Cupertino, California 9�j014
P'hone: 252-4505 PC-20
80, 000. �+
MLNUTES OIi' THE REGUI�AR MEETING OF' TAE PLAI�NING CONIMISSION HELD
AUGUST 25� 1969 IN THE COUNCIL CAA1rIDERS� CITY HALL� CUPERTINO�CAI,.
The meeting was called to order at.8:00 p.�►. by Vice Ghairman Puetz, who call to order
subaequently led the e�ssembiage in the flag salute. flag salute
Co�issioners preBent: Irwin, Frolich, Buthenuth, Puetz. Absent: Chairman
Hirshon. Also presen�: Cit3r Attorney Andersor�; Director of Planning Sisk;
Senior Planner Laurin; Assistant Pla�ner Eng; Assistant Director of roll call
Public Works Viskovich; Recording Secretery Lucie M. Matzley.
Upon the m�tion by Conmaissioner Frolich and the second by Commissioner
Huthenuth, the approval of the minutes�of Augugt lI, 1969 was unanimously approval
postponed to the next meeting. postponed
There were no annouricements of postponements, nor were there any oral or no commu-
written commaunications. nications
Vice Chairman Puetz intraduced the City's �ew Director of Planning, James director
H. Sisk, to his �e11ow Cammiesioners and to th� audience. introduced
Public Heaxings
I 17-TM-69: Skagg� �syle�s Drug Stores, et al: Tentative Ma.p, 17-TM-6
' A.
17� acres located; aoutllt�rest corner of Homestead Road and Sara- legend
toga-Sunnyvale Road. First Hearfng continued.
Mr. Walter Seebach, Civil Engineer with Rutb & Going, pres�nted the applic-
ation and thanked the Co�nissioners for their patience in postponing the
matter while details had been worked out. Mr. Seebach stated that he was present-
in receipt of the staff praposal in connectian with the application and ation
that all conditions had been found acceptable.
Comm�ssioner Buthenuth queried if the request�ed haZf-street would ultimatel
be widened. Planning Directoa� Sisk replied that an easement existed now to
the City dump station and that the street would be improved in the future staff
to a standard 52' City street. report
Mr. Sam Cohen� Attorney a� Law who introduced himself as representing N.A.
and H. Chr3.stie Billawala, addressed the Coimni.ssioners and stated that,
todq,y, on behalf oP these twa individuals, he had filed a law auit against
Skaggs Pay].ess Drug Stcres.,.P&W Super Mexket� Transamerica Title Insurance
Company, two named individuals as well as Does 1 through 20. According to
Mr. Cohen, one cause o� action of the suit is �or quiet title to place the advice of
title back in his clier�ts' names, with the second be3.ng a lis �endens. Mr. litigation
Cohen explained that, initially, his clieats had owned the property which
was divided into �,hree paxcels and that, in fact, title sti11 rests with
his clients who are now asking the Courts to return the property as well as
the deed to them.
Pa6e 2 Mi.nutes of the Planning Commission August 25, 1969 PC-20
80,000.4
Application 17-TM-69 ca,nt'd
Mr. Coh�n emphasized that, had. the tre.nsaction been completed as originally
int.ended, his clients woul.d continus to own the we.sterly portion of the
proper.ty witYi Skaggs Payless Drug Store� owning the remainder. Further,
action that a street as presently proposed is eRainst the wishes of his clients
defined and would, in the event this appli�ation receives approval, have a detrimental
economic effect on his clients s�uld title be restored and the street is
improved.
When asked for his opinion of the matter, City Attorney Anderson stated that,
when a City is involved in a�udicious capacity, it has the power to proceed
until such time as it is restricted by the Courte but, to date, no such
attorney's order has been received. Mr. Anderson com�aented that the suit might not
advice go to trial for possibly one yeax and that this body�has the power to dis-
continue further delibaretions until such time as there is a final determin-
ation or to proceed and run the risk of having a street improved only to
have the developer tear it out if the title is actually restored to the
property owners.
Mr. J. D. Vanderlaan, who introduced himself as the realtor representing
Skaggs Payless Drug Stores, stated that there was a signed, notarized and
recorded deed in his office from the Billawalas to Skaggs and that the
law suit was spurious. Also, that only 2�3 of the Bite was planned for
realtor's development at this time, constituting Phaae I of the planning, but that a
statements tentative map for the entire paxcel had been requested. Further, that Skaggs
was ready to commence construction of the first phase as it was not effected
by this suit. Mr. Vanderlaan nointed out that he had not been served with
lega,l papers, nor had his cl�erits, and that, on behelf of his clients, he
would offer to enter into a"hold harmless" agreement with the City as far
as the development and improvement in connection with this te�tative map
axe concerned.
Attorney Cohen submitted that 1) the suit applies itself to all three parcels;
2) the action has been filed and all parties concerned have been put on
notice; and 3) as far as this suit being spurious he had no intention of
points axguing but only to say that Mr. Vanderlaan was one of the two individuals
amphasized named in the suit. Attorney Cohen also questioned that Mr. Vanderlaan was
empowered to sneak ran behalf of Skaggs Payless Drug Stores. In answer to a
question by the City Attorney, Mr. Cohen defined the Superior Court Action
#226212 and the lis pendens # 367�+211 filed August 25, 1969 at 12:37 p.m.
City Attorney Anderson suggested that this ma,tter be referred to the City
counsel's Couneil without recommendation by this body as the question of "hold harmless"
suggestion as well as other matters in connection with th�.s e,pplication would need to
be decided by the City Council.
ma,tter to Commissioner Frolich moved, Commissioner Irwin seconded and it was passed
council unanimously to accept the City Attorney's recommendation.
Minutes of the Planning Commission Aug�st �5, 1�69 PC-20
_ 80, 000.�+
Public Hearings cont'd page 3
B. 18-TM-69: California Lerids Znvestment Comp�,ny; Tentative Map 18-TM-69
17.77 acres located north Bide�o�' McClellan Road ad�jacent to legend
and west of 5outhern Pacific 8ai�road.. First Hearing continued.
and
16-Z-69t California Land� Inv�$�bmen.� Camparriy: Rezoning from 16-z-69
Rl-�:Oag to NB+, same laca'tiaa .$� �:s�a�e; r�eferral from City legend
Couneil.
�ommissioner Frolich m�ved, CoYarnis:s3:c:aer �Tw� seconded and it was passed hearings
unanimously to combir�e the he�.ring of bo� �s;�ove mstters. combined.
Mr. Jerry Dunn, Pre�id�nt D� Gali�'o�n� Ler�cl� Inv�s�tment, made the pre-
sentation stating that a meeting had'b�en 3�1d w�th members of the City
staff and the Flood �ntr.ol District, �i t�at ��is'trict had, at
that meeting, indicated tha` a r��l�r woul:d be �'o�h�cm►ing shortly. Since
ao response had been received .�'romn t� Flaod C�nt��. D3strict, the applic-
ant had contacted them to be :advised -xr��'ba�ly t'�rt t�re FloQd Control present-
District is no longe� irsterested i�a `t�e �3�e. S�tiior �latin�r La,urin ation
conf�remed the�t h� had been so advi��d, �a1:so� T�Ze applicant t}�refore
ask�d t.hat tY�e Plariniag Carnmis;sio� �ct a�'f�rma,`�i�arel,y on the �o matters.
Director of Planning Si�k explained the b�;s�� che.nges in the requested
cond3.tions, a copy of which was ms,de a�,i�:a�ble t�o the applica.nt who agreement
st�ated that he would b� in agreement �ith the conditions as listed.
�re �ver� no audience com�et�ts. no comanemts
Co�anissioner Frolich moued, Commiss.ioner �ntheau'th s�conded and it was p. h.
passed unanimously to close the public hea�ixrgs on bo�th matters. closed
Commaissioner Frolich moved to approv� �p�i�cat3.a� 16-�-69 per the pro- 16-z-69
posed resolution as revised under dat� c��' A�guet 21, �96g Co�issioner approved
Buthenuth seconded.
Ayes : Co�nissioners Irwin, Frolici�, 8ut�ien Puetz
�e � : . None
Ab�tent; Commissioner Hirshon
Co�i.ss.ioner Frolich moved �o approve �}�^plicatio� �S-TM-69 per the pro- 18-TM-69
pos.ed resolution as revised under dat�e af Augus't 21, 1969 and that the approved
revis�d tentative map be approved �er '�he c�n�.3.tions proposed in the
Planning Director's revised memo of Aga�s't 21, 1969. Commissioner Buthe-
nuth seconded.
Ayes: Cc�ma.issioners Irwin, Frolic�, Buthenuth, Puetz
Noes: None
Ab sent : Com¢ni. s s i orier Hirshon
C. 8-V- William and Helen Nelson; Variance for 4' setback from 8-V-
lot line For swi�ting pool �s�.a�latic3n at residence located legend
at 10810 Farralone Drive. �:i�st �Zeaxing.
�After having been advised by Vice :Cha3.�n Pue't2 t3�at the Ordinance per-
mits a,�rsriance only when sufficien� hards�ip can proven, Mr. and Mrs.
1!�lson made the presentation a,ud ��s. N�3�ru� �ta�ted that the pool was present-
r�eeded for elinical exerci�es purposes neces.s��a�e�l by a recent disc ation
svrgery her husbartd ha.d to unc�ergo.
page � Minutes of the Planning Cammission August 25, 1969 PC-20
80, 000 ' �
Application 8-V-69 cont�d
Discussion ensued �.;;;�>°�g the Commissioner on the question what specific
Ordinance requir�.;,.., would be violated by the setback as requested.
questions Staff reported that the matter had been referred to +.he Planning
Commission by the Buildin� Department who ha.d interpreted:a,swimming
pool to mean a construction`which shall be 6' removed from the property
line.
Planning Director Sisk commented that this was not the only clarification
needed in this matter p+�d suggested tha;; it be postponed to the next
staff ineeting for a mbre comprehensive seaxch of the actual Ordinance r.equire-
report ments. The applicarrt� a�reed to the postponement.
8-V- Com�issioner Frolich moved, Co�anis;sioner Irwin ssconded and it was passAd
postponed unanimously to postpone Application 8-V- to the next �egu].ar meeting,
and that staff be requested to submit an interpretation of the Ordinance.
1 5-v-69 D. 15-U-69: Vallco Park; Use Permit for expansion of electronics
legend facility (Intersil� Inc.� located east side of Tantau Avenue
between Homestead Road end Pruneridge Avenue in Vallco Park.
First Heaxing.
Mr. Burrel I,eonard of Va11co Park submitted ciie application and introduced
the engineer, designer, axchitect and pro�ect architect for the pro�ect and
present- mentioned othexxepresentatives with technical duties in connection with this
atiori application. Mr. Leonaxd explained that the pxoposal was for an expansion
of an existing facility in the form of a second phase two-story building
of some 62,000 square feet.
Planning Director Sisk read the conditions which had been placed against the
application, to all pf which the applica,nt agreed.
There were no audience co�nents.
p. h. Co�nissioner•Frolich moved, Couanisaioner Irwin seconded and it was passed
elosed urianimously to close the public tiear•ing.
1 5-u-69 Comanissioner ""�°win moved to a�..�:��uve Application 15-U-69 sub�ect to the two
approved ad.ditional conditions as listed in the Planning Director's memorandum of
Augu.st 19, 1969. Commissioner Frolich seconded.
Ayes: Commissioners Irw:in, Frolich, Buthenuth, Puet�
Noes: None '
Absent: Commissioner Hirshon
2 o-�t-69 E. 20-TM-69: Fred E. Rhodes; Tentat3ve Map (lot split) at northeast
legend corner of Foothill Boulevaxd and Cupertino Road. First Hearing.
Mr. Fred Rhodes presented the application explaining that a lot split was
asked at this time since high interest charges and tight money demanded a
development. According to Mr. Rhodes, he had intended to delay construction
present- to a more advanta�eous time but that he was now able to place a Speedee Mart
ation on Paxcel A. Further, that he would adhere to any conditions the Planning
Depaxtment would place aga3ns�t this applica,tion.
Minutes of the Planning Commission August 25, �969 PC-20
80,000.�
Application 20-TM-69 cont'd P�e 5
Planning Director Sisk explained the tenta,tive map which had been revised
There were no audience comments.
Commissioner Irwin moved, Com�aissioner Frolich seconded and it was passed p. h.
unani.mously to close the publ3c hearing. closed
Commissioner Frolich moved �hat Applice,tion 20-TM be approved sub�ect 20-TM-69
to the 12 Standard Conditions. Commissioner Buthenuth seconded. approved
Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz
Noes: None
Absent: Commissioner Hirshon
The matter under the "Unfinished Business" portion of the agenda had disposal
previously been disposed of.
There was no new business.
The Chair declaxed the meeting adjourned at 9:10 p.m. ad�ournment
A PP'ROVID :
ATTEST : r
i airman
irector of Planning