PC 09-08-69 CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, California 950�4
Phone : 252-�+505 PC-21
80, 000.
MINUTES OF THE REGULAR MEETING OF THE PLANNING CONIl�IISSION HEI,D
SEPTEI�ER 8, �969 IN � cotn�CZL Cx��xs, CITY HALL� CUPERTINO, CAL.
The meeting was called to order at 8:00 p.m. by Chairman Hirshon, who call to order
sub.sequently led the assemblage in the flag salute. flag salute
Commissioners present: Irwin, Frolich, Buthenuth, Puetz, Hirshon.
Also present: City Attorney Anderson; Planning Director Sisk; Assist-
ant Planner Eng; Senior Planner Laurin; Director of Public Works roll call
Yarborough; Recording Secretary Lucie M. Matzley.
Commissioner But�ienuth moved, CoYmnissioner Puetz seconded and it was
passed unanimously to approve the minutes o� the August 11, 1969 minutes
meeting as printed. approved
The minutes of the August 25, 1969 meeting were unanimously approved
upon the motion by Commissioner Buthenuth and the second by Commis- approval of
sioner Puetz. minutes
Chairman Hirshon advised the assemblage that Application 8-V-69 had
been withdxawn by the applicant.
Planning Director Sisk informed the Commissioners that the represent-
atives for Application 22-TM haa. asked for a two=week postponement.
Commissioner Buthenuth moved, Commissioner Puet� sP^onded and it waa 22-TM-69
passed unanimously to continue discussion of Application 22-TM to continued
the next �eting.
Planning Director Sisk advised the Commiseioners of receipt of the
following written communications:
�l. Request for approval of a relocation of existing structure request to
along Stevens Creek Boulevar.d and Peninsula Avenue as re-locate
received from the County Architecture and Site Approval
Committee for reasons of future re-alig�ment of this
portion of area for highway constructiori. Neither the
Planning Director nor the Director of Public Works voiced
any ob�eGtions to this request.•
Com¢nissioner Frolich moved that the Planning Director be instructed approved
to notif�r the County that this Co�maission Has no ob�ections to the
request as submitted. Commissioner Irwin �F�nnded and it was passed
unanimously.
2. Additionai request from the County P::anning Commission re- county request
lative to a Use Permit�for p�st�in8 and stabling horses in for use permit
an undisclosed number along Permanente Road and Leban�n:
The Commissioners pointed out that the number of horses to be stabled
was not identified, nor was there ar�y mention of the overal� operation,
nor a definition of sa,taitary facilities, actual usage, etc. discussion
page 2 Minutes of the Planning Commission September 8, 1969 PC-21
80,000.4
Written Communications cont'd
�her.e was a comment from an audience member who.stated that-a vexy
audience ex�ensive development was being �lanned tor.the.3mmediate-vicinity
comment and that the odor generating from .this opera.tion.might be such as
to endanger_.�.the success of the development.
research Commissioner Irwin moved_that-the Planning-Directo.r be.instructed.zD
requested research this matter further as to the size of the opexation-,--number
of horses to b.e. boarded, . usage, san3..tary faeilities, - etc, -,- and- �o_. mak.�.
the wishes of this CommissiQn, in cons:ider.ing- a.poes-ible_-appro�al,
known to the County Planning Commissian., as such-appxoval might carry
a time limitation..- Commissioner Puetz seconded and it was passed
unanimously.
The following oral communications were submitted to the Commissioners:
1. Request from Commissioner Puetz to-ascertai.n the time limit.
placed upon the compl.etion of the construction of sidewalks on Hyannis-
oral port and Fort Baker Drive.
communi- 2. City Attorney Anderson stated that a 120' x 75' parcel of land
cations formerly to be used as a we11 site by the City of Cupertino was not
zoned as a part of the proposed commercial development. The City no
longer is going to use.the property for we11 site purposes.and is
therefore in the process of conveying the parcel to the �utter Hil,l.
Development Company. In order for the parcel to be used for commer-
cial development it becomes necessary that the proper zoning be.glaced
on it. The City Attorney advised that the Commission pass a resolution
recommending that the City Council adopt an emergency ordinance placing
General Commercial zoning on;the property.
ordinance Commissioner Puetz moved to authorize.the suggestion made by the City
authorized Attorney and to pass the resolution recommending to the City Cauncil
that an emergency ordinance be adopted. Commissioner I.rwin s.eca.nded.
Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon
Noes: None
Absent: None
Public Hearings
8-V-69 A. Application 8-V-69 had been withdrawn at applicant's request.
withdrawn
B. Application 16-U-69: Union Church of Cupertino: Use Permi.t
16-U-69 for amendment to Use Permit of Union Church of Gupertina to
legend allow lease of property to Cupertino-Post Oftice for �arkinf�
purposes - 20900 Stevens Creek Boulevar.d..-..First Hearing.
Mr. Robert Myers, Chairman of the official Church Board of the Cugertino
presenta- Union Church, presented the application, explaini-ng that the Church had
tion consented to lease a portion of �ts property to fihe post office for
parking purposes to be'utilized by Government vehicles and empinyees.
According to Mr. Iriyers, the post� office had the egress and 3.ngress
right-of-way over a portion of the Wilson property as well as the.
Church property and had beeti offered egress and ingress rights from
Mike's Hero Restaurant prope�ty'for the duration of the proposed l.ease
at no cost to the Government. The proposal to the post office called
for a five-year lease with a one time five-year option.
Minutes of the Planning Commission September 8, 1969 PC-21
80,000.4
Application 16-U-69 cont'd page 3
Mr. A1 Carter, Cupertino postmaster, addressed the Commiss-�oners
stating that there was insufficient parking-space for the_emplo�eP�,
of the post office and that this parking would be comp.letel.y-.can-
celled as the church intended to take the presen.t �iece of pzopert.«
where ernployees and Governme.nt vehicles park, back for its o�n. u�r.
According to Mr. Carter, if this piece o£ pr.operty_as of£ered_..for
lease by the church would not be utilized,-the-employees-as we11 as need for
Government vehicles would be forced ta park on the str.eets,-.thus site defined
� giving a disservice to the patrons as well as to the City of Cupexti �_
Mr. Carter pointed out that the proposed parking axea.and the-egxess
and ingress would have an ailed rock surface, and woul�.be-for -the
exclusive use of Government vehicles and employees.
Discussion ensued on the proposed surfacing and Director of Public
Works Yarborough submitted that a standard City-zequirement.was to
request parking lot imgrovements according to--City standards
including drainage boards,. paved asphalt and the like.. The appli.- discussions
cant explained that this parking area would.not he used by the
general public but was for the exclusive use-of post office em-
ployees and Government vehicles and that the impravements wer�
prohibited from being brought to City standards for reaso.ns of lack
of money, time limitation on the lease and the fact that the.-church,
after the expiration of the lease, wauld be..unable to utilize the
parking lot.
When asked for his opinion, City Attorney Anderson-suggested that
this application-.might be approved with a_.l�mitation of twu years
after which time, if there are no-protests,-.-there will be an auto-
matic time extension. Addit�onal discussion-ensued on the subject opinion
and Commissioner Frolich.suggested that, should a variation �r-om-
standard requirements-be authorized b� this Commiss.ion, the reasons
for such authorization of the variance be defined.
There were no additional audience comments. Commiss.ioner Puetz public
moved, Comm3ssioner Irwin seconded and it was-passed unanimously hearing
to close the public hearing. closed
Commissioner Frolich moved that the Use Permit be gr.anted.sub�ect 16-U-69
to the development being conditioned.ugon..the-es.tab.lishmen.t of.. approved
proper drainage £acilities and other necessa�y imgrovEmen-ts �o the with
satisfaction of the Director of Public-�orks conditions
lot lighting be installed in such.a fashion.ae not to distuxb-the
ad�oining residential neighborhood. Commissioner Buthenuth seconded.
Ayes: Commissioners Irwin, FroLich, Buthenuth, Puetz, Hirshon
Noes: None
Absent: None
C. Application 21-TM-69: Schonher Management Company; 21-TM-69
Tentative Map, 13.0 acres located western end of Voss legend
Avenue. First Hearing.
page 4 Minutes of the Planning Commi.ssion September 8, �969 PC-21
80,000.4
Application 21-TM-69 cont
Mr. Mike Splitstone pres�nted the application and stated that the
present- developer was in agreement with all conditions as had been recommended
ation placed against this appiication by the City's Planning Depaxtment.
Planning Director Sisk explained the revised tentative map to the
Commissioners and read the additional condition for the benefit of the
staff Commissioners as well as the applicant. Director of Public Works
report Yarborough stressed the necessitv for sidewalks and their improvement
along the perimeter of the development and explaine�d his reasons for
requestin� same.
When Chairman Hirshon called for audience com¢nents, Mr. Keith l�yles of
1033�+ El Prado Way, submi.tted and read a letter from David W. Ricci, a
neighbor, who opposed some of the features of the proposal based upon
audience the following considerations: 1) the proposed number of units; 2) the
opposition high density as not bein� co�ensurate with the area; 3) the traffic
problem on Voss Avenue; 4) the immediate vicinity of Monta Vista Elementary
School and the ensuing danger to the school children; 5) the high rising
structures, specifically, the four-stories proposal. Mr. Ricci, in his
letter, stressed the necessity for adequate drainage, grading, erosion
control and slide protection and Mr. N�yles stated that he was in full
agreement with the statements as made by his neighbor.
Chairman Hirshon pointed out that all these matters had little to do with
the matter before this Commission, however, one of the designers of the
explanation proposal asked that he be permitted to explain several points to the
audience member. The Commissioners concurred.
When discussion ensued relative to requesting further information from
the applicant, City Attorney Anderson pointed out that there was no
statement Ordinance violation, that the density as well as the building height
of the structures adhere to and are well within the Ordinance requirements,
and that the only matter before this Commission was to discuss the '
tentative map and decide upon the conditions to be placed against the
application.
I�• h''• Commissioner Srwin moved, Commissioner Frolich seconded and it was
closed passed unanimously to close the public hearing.
21-TM-69 Commissioner Irwin moved to approve Application 21-TM-69 revised, sub�ect
approved to the 1.'-? Standard Conditions with the additional conditions 13 through 20
with as recommended by the Planning Director. Commissioner Puetz seconded.
conditions Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon
Noes: None
Absent: None
22-TM-69 D. Application 22-TM-69 had been continued to the next meeting at the
continued request of tY�e applicant.
There was no unfinished business, nor was there any new business.
Minutes of the Planning Co�ission Seotember 8, 1969 PC-21
80,000.4
Pa�� 5
Commissioner Buthennth moved, Co�nissioner Irwin seconded and it was
passed unanimously that the meeting be adjourned.
The meetin� adjourned at 9:20 p.m. ad�ournment
APPROVED:
_ __._.,
� ,
�,� -' 1 �.`�"'_.�...
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ATTEST : ,�'� ~
= s Jack T. Hirshon
Chairman
P:ianning Direct�or