PC 09-22-69 CITY OF CUPERTINO State of California
10300 Torre Avenue, Cupertino, California 95014
Phone: 252-4505 PC-22
80,000.4
MINUTES OF THE REGULAR MEETING OF THE PLANrTING COMMISSION HELD
SEPTEMBER 22, 1969 IN THE COUNCIL CHAMBERS CITY HALL� CUPERTINO, CALIF.
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
Com¢nissioners present: Irwin, Frolich, Buthenuth, Puetz, Hirshon. Also
present: Planning Director Sisk; Director of Public Works Yarborough;
Assistant Planner Eng; Recording Secretary Lucie M. Matzley. roll call
Commissioner Puetz moved, Commissioner Irwin seconded and it was passed inutes
unanimously to approve the minutes of September 8, 1g69 as printed. approved
Planning Director Sisk submitted two requests for postponements, each
having been submitted by the applicant in the matter.
Co�nissioner Buthenuth moved, Commissioner Irwin seconded and it was 22-TM-6
passed unanimously to postpone discussions of Applications 22-TM-69 and 1-TM- 9
l�+-TM to the next regular meeting at the requests of the applicants. continued
Planning Director Sisk advised the Commissioners of receipt of the
following written communication:
Request from the County Planning Commission for a response concerning
an application before that body for additional parking facilities for
an existing church fac�ility on Stelling Rd south of Homestead Rd, The written
Planning Director suggested that this Commission, upon approval, make co�nunication
such approval contingent upon the necessity for rpad improvements.The
City En�ineer stated that the matter had been reviewed and was concurred
in.
Commissioner Buthenuth moved that the County Planning Commission be
notified that this Comanission has no objections to the parking lot and request
that this Commission conveys the necessit.y for required street i.mprove- approved
ments in connection with this approval. Commissioner �rwin seconded and
it was passed unanimously.
There were no oral corrununications. no orals
Public HeariIIrgs
• Items A. and B., ADplications 22-TM-69 and 14-TM-69, respectively, had
previously been postponed to the ne� meetin� at the requests� of the postponement�
applicants.
C. 17-U-69: Vallco Park; Use Permit for office and manufacturing 17-U-69
facility (Multi-Acce4s Systems of California) on approximately legend
3.6 acres located in the Vallco Park at the northeast corrier of
intersection of Prunerid�e and Tantau Avenues. First Hearing.
page 2 Minutes of the Planning Commission September 22, 1969 PC-22
80,000.4
Application 17-U-69 cont'd
Mr. Burrell Leonard, representing Vallco Park, made the presentation stating
that the proposed construction had s�ne unusual aspects in that the available
site was deep and narrow and close to a subdivision and that the inter-city
present- agreement with the City of Santa Claxa would need to be considered because
ation of the property's location. Mr. Leonard ment�oned that the architect for
the project would explain the proposal in detail and that a representative from
the City o�' Santa Clara was in the a.udience.
Architect David Thimgan explained the two-story ofPice and manufacturing
facility to ultimately house a computer manufacturin� company, the structure
architect to be constructed of sparing amounts of concrete, natural wood and ���turally
explains weathered steel. Mr. Thimgan �.irther stated that the two-story buildings
pro�osal would be isolated from the back property line, would draw all vehicular traffic
to the internal part of the site and would have constructions of excessive
amounts of glass connecting the two buildin�s channeling all pedestrian
traffic through the passage.
Mr. Leonard supplemented his previous statements by saying that there was
an existing fence around the residential area and that he would like to see
the requirement for a 6' masonry wall as requested by the Planning Director
deletion deleted. In its place, his tenants would install mature 15' to 20' high
request trees densily along the property line so that, after the fence rots away in
years to come, the residential area would still be protected by the dense land-
scaping. Mr. Leonard expressed his preference for a 4' berm with plantings,
the growth of which would take over before��ang_and give the'necessary
protection.
When Chairman Hirshon called for audience comments, Mr. George Gootlevsk,y of
Melody Lane, who introduced hi.mself as President of the Homeowners Association,
addressed the Commissioners statin� that he had been contacted by a number
of his neighbors all of whom object to the noises that this facility would
generate, much as is presently done by the American Micro Systems tenant
of Vallco Park, who, despite promises to the contraxy, had not reduced or
audience totally eliminated,the noisy airconditioninr� equipment and ducts within the
co�ents roof enclosures. According to Mr. Gootlevsky, this company had been reques to
decrease or completely delete the noise factor and had indieated its willing-
ness to cooperate, to date without any audible change. Mr. Gootlevsky asked
that the inter-city agreement �e obeyed to the letter and cautioned the
applicant that the surroundin� residents would closely watch all developments
of this construction.
rn answer to the charge, Mr. Leonard commented that the company previously
mentioned had experienced a tremendous growth and was manufacturing a product
which required many times the airconditionin� equipment which was needed in
the proposal before this Commission at this time.
Mr. Carl Coke of Meadow Avenue, a member oi'.the audience, stated that the
points following points should be considered in a possible approval: 1) a buffer
defined zone between the back fence into the Vallco Park area, 2) that it was his
conviction that the two-story aspects of the buildings constitute an invasion
of privacy.
Minutes of the Planning Commission September 22, 1�9 CC-22
80,000.4
Application 17-U-69 cont'd page 3
Planning Director Sisk cautioned that there were a number of matters
also to be considered; 1) the inter-city agreement between Santa Clara
and Cupertino which requires a 150' setback but which was a matter to caution
be decided upon by the City Council and 2) the zoning regulation which
requires a setback of 100', commenting that the proposal made provision
for only a 75' setback.
Mr. Ken Frost, another audience member, also objected to the height of
the buildings but was advised by staff that the two-story height was audience
well within the 40' allowable under the Ordinance. inquiry
Much discussion ensued at this point and a number of suggestions were
made for consideration by the applicant. Co�issioner Frola�h was
concerned that the proposed landscaping might not grow as rapidly as
anticipated exposing the residential area to a point where invasion of
privacy might indeed be considered. Mr. Frolich suggested that perhaps
colored glass be used for the easterly window exposures until such discussion
time as the trees have matured to a point of density to assure the and
privacy of the residents in the area. The applicant voiced no objection suggestions
to this suggestion. Mr. Frolich also suggested that a waiver of the
6' masonry wall requirement, as suggested by the Planning Director, be
considered by this Commission and that, in its place, the applicant be
authorized to make su�table substitution after negotiating same with
the staff, pending the approval by the City Council.
Mr. Roger Berry, Santa Clara's City Planner, said that his City Council
had requested that he attend this meetin�, that he was here solely to
observe and report back to his City Council and that he did n�t have observer
a statement he could make other than to concur that the inter-city introduced
agreement should be ne�otiated by the two City Councils.
Commissioner Buthenuth moved, Commissioner Puetz seconded and it was p. h.
passed unanimously to close the public hearing. closed
Commissioner Irwin moved for approval of Application 17 -v-6g subject
to the 12 Standard Conditions, with the additional conditions 13 through
18 as listed in Resolution No 696 of this Plannin� Commission and 1 7-v-69
attached to these official minutes. Commissioner Puetz seconded. approved with
Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon conditions
Noes: None
Absent: None
The Chair directed that the City Council be alerted to negotiate the message to
inter-city agreement with the City of Santa Clara, as this matter is council and
not within the jurisdiction of this Co�cunission, and that the Architecture h control
and Site Approval Committee be instructed that this Commissionhas waived
the requirement for a 6' masonry wall with a suitable substitution. f
Chairman Hirshon called a recess at 9:15 �.m. recess
The meeting reconvened at y:30 p.u�.
I
�
Pa�� � �`x�.n�:;�t;:�;s of the P1anx�ing �ommi.ssion Septembex• 22, �96q �C-22
8o,opo.4
20�U-69 �;, ��_U-6y: �a:l.lco Park; Use Perm,it for ad�ition to electronics
legend rr;anufacturzng f�cility (Tnformati.an Starage Sys�ems, Inc.)
:'_r,�;: cA w�st af Tantau Avenue and sauth of Calabazas Creek.
s-'ir°st Hear:ing.
Mr. �ica� Wucher, �,r�s��:Y•ty rnanager of Vallco Park, presented the application
present- stat ��2; �t�h<..T ;. ;.�s ccn�tr��c�ion would be a replica �f the existin� building
ation utilab.a�ing f�t�v �,�me architect, engineer and matezials.
Staff reported no problems or objections. There were no audience comments.
P• h• Commissioner Buthenuth moved, Commissioner Irwin seconded and it was
closed �assed unani��usly to close the public hearing.
20-U-69 Commissioner Buthemath move� for approval of Q�nlication 20-U-69 subject
approvec� to the same conditions as places upon the original Application 18-U-68.
Commissioner Frolich seconded.
Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon
Noes: None
Absent: None
19-z-6 E. 19-z-6g/20-z-69/23-TM-69/18-U-69/lg-U-69 James G . Boghosian;
20-Z- 9 Rezoning 1.52 acres from single-family residential (R1-10) to
23-TM- 9 Quasi-Public Building (BQ); Rezonin� .826 acre from single-
1-U- 9 family residential (R1-10) to General Commercial (CG); Tentative
19-u- 9 Map, anproximately 2.35 acres; Use Permit to use Parcel A for
legends fraternal lodge and Use Permit to use Parcel B for automobile
service station. Location: Southwest corner of Homestead Road
and Maxine Avenue. First Hearing.
matters Commissioner Irwin moved, Commissioner Puetz seconded and it was passed
combined ��nimously to consolidate discussions of all above applications.
Mr. Martin Hall, Realtor and representative of �:t�e applicants, stated that
a different approach had been utilized and that he agreed that not all avenues
of approach had been tapped in the previous proposal, which had been den;Pd.
Accordin� to Mr. Ha11, there were two criteria points to be considered
the visibility of the site from freeways and feeder roads as well as direcL
present- access to and from the freeway. Mr. Hall submitted snapshots he had taken
ation depicting the heavily travelled roads leading to the site and supplementP�
the pictures by stating that the site was ideal for a service station as the
population, according tc latest available research, was increasing and would
necessitate additional'service stations in Cupertino. Mr. Hall maintained
that the considerations of traffic flow, v�isibility and vicinity to residential,
commercial and apartment house zonin�s should be taken into account.
Planning Director Sisk discussed the proposed zoning, indicating that he
did not necessarily believe that a service station had to be located on
staff every corner and that, in considerin� this area as related to a need, there
statement appeared to be adequate facilities existing at this t une.
There were no audience comments.
Minutes of Planning Com�:ission Se,ptember 22, 1969 CC-22
80,000.�
19-Z-69/20-z-69/23-TM-69/18-U-6g/19-U-69 cont'd pa�e 5
During the discussion which ensued, the applicant once again stated
that it would be economically impossible to make the project succeed point re-
without the installation of �he service station and that Mr. Boghosian iterated
would be r�nable to accom�odate th� Moose Lodge by the utilization of
his property without having a service station approved at this site.
Co�nissioner Irwin moved to close the public heari�q, Commissioner p. h.
Puetz seconded. The motion passed 4- 1 with Commissioner Frolich closed
dissenting.
Co�unissioner Puetz moved to approve Application 20-Z-69, Zoning request 20-Z-6
from R1-10 zone to CG zone, subject to the 12 Standard Conditions. approved
Com�nissioner Frolich seconded.
Ayes: Commissioners Frolich, Puetz, Hirshon
Noes: Commissioners Buthenuth and Irwin
Absent: None
Commissioner Puetz moved for ap�roval of Application 19-U Use 1-U-6
Permit for the service station, such approval to include conditions denied
1 through 15 as suggested by the Planning Director. Commissioner
Frolich seconded.
Ayes: Commissioners Frolich and Puetz
Noes: Commissioners Irwin, Buthenuth and Hirshon
Absent: None
Com�nissioner Irwin moved for denial of Appl�.cation 19-U-69, Use Permit 1-� u-69
for the service station. Corrnnissioner Buthenuth seconded. move to deny
Ayes: Comanissioners Irwin, Buthenuth, Hirshon approved
Noes: Commissioners Frolich and Puetz
Absent: None
Comanissioner Irwin moved that this Com¢nission re-affirm its previous 23-TM-69
vote on Application 23-TM subject to all conditions imposed at that previous
time. Co�nissioner Frolich seconded. stand re-
Ayes: Commissioners Irwin, Frolich, Puetz, Hirshon affirmed
Noes: None
Absent: None
Abstain: Conunissioner Buthenuth
Cormnissioner Frolich moved to continue Applications 19-Z-69 and 18-U-69 1 Z- ancl
indefinitely until such ti.me as an appropriate Quasi-Public (BQ) l�
Ordinance can be provided. Com¢nissioner Irwin seconded. '
Ayes: Commissioners Irwin, Frolich, Buthenuth, Puetz, Hirshon
Noes: None
Absent: None
There was no unfinished business, nor was there any new business. no f�.irther
business
page 6 Minutes of Planning Commission September. 22, 1969 PC-22
80,000.4
ad�ournment The Chair declared the meeting adjourned at 10:30 p.m.
APPROVED:
� ��
�
/s/ Jack T. Hirshon
Chairman
ATTEST:
����✓
Planning Director