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PC 07-23-73 � ' CITY OF CUPERTINd STATE QF CAT,IFORNIA PC-il9 10300 Torre avenue, �upertino, Gal.irornia Page 1 Telephone: 252--4505 MINUTES OF THE REGULAR I�IEETITIG OF THE PLANNING C0�^".NIISSION HELD ON JUL�' 23 , 1973 , I�I THE COUNC4L CHA��BER CITY HALL, CUPERTIIvO, CALIFOR�'�IA SALUTE TQ THE FLAG V�.ce-Chairman 0'Keefe called the -�eeting to order at 7:37 P.M. with the Salute to the Flag. ROLL CALL Comm. present: Adams, Gatto (7:45), Nellis., Vice-Chairman 0`Keefe Comm. absent: Chairman Buthenuth Staff present: City Attorney Adams Director of Plannin� and Development Sisk Deputy City Attorney Killian Associate Plann�r Cou;an Traffic Engineer Gregg APPROVAL OF MINIITES Since only 3 members �aere present, it was moved �y Cvmr.1. Adams, Approval of seconded by Comm. Nellis to motie the approval of the Minutes to :�Iinutes �:-io�%e` the end of the agenda. tc end of a�e�: Motion carried, 3-0 POSTPONEMENTS, etc. " Uaon request of the Planning Director, the Stuart Kadas matter � listed under C�al Communications ti7as taken off calendar, upon motion by Comm. Nellis, seconded by Comm. Adans. Motion carried, 3--0 WRITTEN COMI�NNICATIONS -- �one ORAL CONiMUNICATIONS --- None �'C-119 MINUTES OF THE JULY 23, 1973 REGULAR PLANNING COMMISSION MEETING Page 2 PUBLIC HEARINGS � 2, Applications 8-� 73 and 12-dJ-73 of RUTH AND GOING, INC. for BROTHER.S OF MARY; REZONING 2.97 acres from R3-2.7 (Residential, Multiple, 2,700 sq. ft. per dwelling unit) to BQ (Quasi-Public Building) Zone or �rhatever zone may be deemed appropriate by the Planning Commission; USE PERMIT to allow construction o€ Marianist Novitiate consisting of commons building, two 12-unit living facilities and recreation faciliti.es. Said property is located at the terminus of Merriman Road adjacent to Alcalde Road. � First Hearing. , The Associate Plann�r used a transparency map to locate the propertS�. It.is surrounded by residential use, duplex use within the City, a rest home on Planned Office zone. This �roperty was annexed at the time the final map was recorded. The Planning staff felt the change of zone from apartments to BQ would not have a detrimental effect on the character of the neighborhood if the use of the property is very low in nature. A transparency of the site plan was displayed next. There will be ingress and egress on both Merriman and Alcalde. The plan is to provide living quarters for young men who plan to go into the Priesthood. There is an existing structure on the property. There �aill be a total of 24 individuals residing on the property and a maximu� of 2 employees. Fourteen parking stalls are proposed. The staff will take a look at the amount of parking they will actu211y have a need for. There is space for additional parking if needed. Mr. F. Hazen MacLaren, Architect with Ruth & Going, said there will be two 4,200 sq. ft. residential buildings and one 4,900 sq. ft. commons building, as well as a 2,000 sq. ft. cabana. They will be moving the 2,800 sq. ft. building. He presented drawin�s of the proposal. The exterior will be predor.iinantly redwood. They are obtaining some old barn structures and wine tanks which they iritend to utilize. They will use a roof material approved by the Fire District. Reverend Bertrand Clemens said the young men preparing for the Priesthaod w�ll he spending one year here. They are primarily engaged in teaching. They are early college age men preparing for a religious life. Vice-Chairman 0'Keete noted the staff report indicated this use will be compatible with the neighborhood. The exterior of the buildings will be compatible, except for the size of the buildings. Mr. MacLaren said they have cor.siderable open space. One of the thoughts in relocating the eYi.sting facility is to continue the residential character of Alcalde. Once that is established �t �aill be difficul.t to realize the remainder of the facility even exists, �i'IINUTES OF THE JULY 23, 1973 REGULAR PLANNINv COMMISSION P�IEETING PC-il9 Page 3 Mr. MacLaren said another gerimeter of the design is these young men meet in small groups. They have four smalier rooms f�or infor- ma"1 seminar type situations. He said they.have done ever.ything thev can to save that magnificent oak on the property. The Vice-Chairnian asked for comments from the audience. There �aere none . Moved by Comm. Gatto, seconded by Comm. Adams to close the Public Pub�ic Hearir�?= Hearings. closed Motion carried, 4-0 Moved by Comm. Gatto, seconded by Comm. Adams to re�commend to the 8-Z-73 City Council approval af application 8-Z-73. �'Iarianist Prov. approved AYES: Comm. Adams, Gatto, Nellis, Vice-Chairman 0'Keefe NOES: None ABSENT: Chairman Buthenuth Motion carried, 4-0 Moved by Comm. Gatto, seconded by Comm. Adams to aporove applica- 12-U-7? tion 12-U-73, subject to the 14 standard conditions and condition Marianist Pro•:. 15 and 16 listed in the Ju1y 20, i973 sta=f report. approved AYES: Comm. Ad ans, Gatto, Nellis, Vice-Chairman 0'Keefe NOES: None ABSENT: Chairman Buthenuth Motion carried, 4-0 3. Application 10-U-73 of THE WESTFIELD COMPANY: USE PERMIT to allor�� construction of a 57,096 sq. ft. light industr�al build ing. Said property is within a P(Planned Development with light industrial intent) Zone and is located at the southwest corner of the intersection of Prunerid�e and Tantau Avenues. First Hearing. The nirector of Planning and Development referred to details of the July 20, 1973 stafi report on this appli.cation. He noted thi particular pro�erty i� no� unde•r direct cor.troi ot Vallco Park. It is under separate o�rners�iip. They have shown a willingness to cooperate in an LID, There is a previous cond:.tion that a minimum 25' landsca�ed strip normall} take place in Vallco Park that this applicant says he canaot meet. � PC-119 MINUTES OF THE JULY 23, 1973 REGULAR PLANNING COM'i�IISSION MEETING �age 4 Comm. Aciams asked if any new owner of this property taould have to abide by an assessment district approved and signed by this progerty owner. The City Attorney said this �voul� be binding for a certain len�th of time. He said there has al�rays been some hesitation for the City Attorney and Bond Council to say someone is required to oarticipate in an assessment district in the future, that involves public hearings, etc. �Ie noted that here rae have a use permit, and it seemed to him �aith the application of use permit that vou can, as a condition, require participation in an assessment district in the future, based on benefit and only to the extent that he benefits by the improvements. ' Comm. Adams asked if we can place a limit on the �..aximum number o£ em�loyees. The City Attorney anscaered that you can attach a reasonable number, although it seems we are getting into an area in the shoals and seas of legality in this planning. After further deliberation, he said he would have to put a question mark cn that conditicn. Comm. Gatto suggested the number of employees could be governed by the number of parking stalls required. The City Attorney said the nuMber of employees is rather nebulous since one or more people could be riding in cars, and we must also think about mass transit. Comm. Nellis thought that, in essence, when you have a certain number of par'z?n� stalls on a given site, that in itself l�r��its the number of peo�le there. Comm. Gatto said they could park along the street. The Planning Director said street parking is prohibited in Vallco Park no:•r. Comm. Adams noted tnat the subject property is just one small portion of land, and it should be dealt with consistently. The City Attorney offered the phrase that the cond�tion could be that the nw�nber of employees will not exceed the number oi parking �paces available. The Planning Director said the ordir.ance allows one space per 1.3 employees. Comm. Gatto suggested: "The number of emgloyees shall not exceed what the site can actually handle.�� Mr. Terry Roce, 21311 Milford Drive, representin� �lestfield Com�any, addressed himself to the assessment district. �ie said that =.Yhen he purc? the property re spoke :�ith Mr. Yarborough, �.�io u=as then D:irector of Pu�lic W�rks, re;arding the overpass. It �:�as h�s under- standing that the overpass would be paid for b}- State funds. There has been an assess�ent distrzct �n exzstence since they boug?�t the property and they are pa,�ing on it no��. I_e is i.�t sure ho;:� the street =m�roverients cn the south side ��rouZd be o'= bene�it to them although the overpass ,,�ould he. The Planning D�rector sa-d wt has been the State's his*_ory to�provide overpasses. The St�te ma�* be taking a new posture on this as to i�rhen they :�ill pro�ran it , The princ;^als shoulc� s �t de� with the staff and dacide what to do about this. "tINUTES OF TH� JULY 23, 1973 REGULAR PLC:VNING C0:'�tISSI(�N MEETIN,r, T.'C-11� Pa�e 5 The Git}• Attorn�y revieFted the procedure or how a local im?rove- ment district is for�ed. :Ie said we can nope for 5tate funds. .�r. Rose said h� is a minor�ty owner ;n Va11co Parlc, and he �aill probably be forced to part�cipate. �ie said he is buildin� this building on specula�ion. I?e said the�; have a tendency t� �rovide more park�np than is required by the City. They are some 120 sp�ces over the requirement on the present buildin�. Samething to consider in parking is shift changes, and �ahether they overlap. It is difficult to def�ne at this time since they don't yet knot�r - who the�.r tenants �aill be. In regard to the matter of setback, noted at the bottom of rage 3 of the stafr report, Mr. Rose said they have gone into a tremen- dous amount of detail on this site because this shape lot is difficult to work with. He said they are 3' shart on the setback for Tantau Avenue. There is a precedent in Va11co Park: Unicom and Mark Systems. He asked the Planning Commission for oerm�.ssio to not have to change their plans at this stage. With regard to the drivetiaavs going out to�Pruneridge, in discussi s � with the staff, they nave come to realize tnat �the one dr�.veway is getting a little too close to the corner and t:�ey �aould like to be as far away from that corner as pcssible. The staff is concerned with the driveways being too close together. It could be a safety hazard, �:ith a left turn coming out the easterly driv and a right turn com?ng out the tiaesterly drive. Mr. Rose said he �aould be willing to restrict this to right turn only, Comm. Eldams asked the applicant why the building is 57 ,000 sq . f t. Why not 50,000 or 60,000? Mr. Rose said this is economically feasible, and they wanted to get the mest attractive building, landscaping and the appropriate amount of parking, etc. They hav two entrances and exits. The}� would prefer to �ave one tenant for this building, but have the capabil�ty to have 8 tenants. There was some discussion on �aays the�� could achieve the require , setback. Corun. uatto said they could do this if t�zey slightly decrease the caidth of the planting areas and the sidewalk, withou too much problem. . It was noted Chere is the previous stipulation of a grant of a right-of-r�tay for an adjacent building to Pruneridge. They hav the potential. of cars from this and the adjacent building usir.g thESe t�•ro drive�.sav5. Comm. Gatto �rondere� if they coul� function with only the western driveway. The Traffic Engineer said he, too, would prefer the one drive��ray. PC-119 MINUTES OF THE JULY 23, 1973 REGULAR PLANNING CONItiISSION MEETING Page 6 . . Mr. Tom Masters, of Masters and Z�;i11is Architects, San Jose, said the one driveway might create more proble:�s if they attempt to serve the ISS building *o the south. tie believes the solurion is the one presented and perhaps modified to preclude left turns. This could be accomplished � by modifying the cenf iguration of t�he drive�aay. Mr. Masters also advocated the 7 x 14 s�all car parking spaces. lie said if they must be increased Co 9, some of the large cars will park in them and will prrtrude out into the aisle. Small cars occupy 30-35Y of the roadways today and this coill probably increase to SO%. ` Wherever there is a tree well is where the small car parking spaces � are located throughout the site. Mr. Masters said his point in regard to the 25' versus 28' of setback coas that when you are limited to parking and building that are square and a lot that is not square, you �aill end up with a varied setback. �Ie said he was off_ering more square footage in terms of overall setback and landscaping than that required. Vice-Chairman 0'Keefe asked for comments from the audience. Mr. tiv'alter Lvard, Vallco Park Genera? Manager, asked if they related to the two driveways to the idatkins-Johnson 30 acres immediately to the ;aest of this ;�roperty. This would make three driveways in c7_ose ^ro�imity. He asked what the setback was in the narrow edges on Pruneridge. It �,�as his understanding there would be unifo �n landscaping on Pruneridge from Wolfe to Tantau. Mr. Masters said, t��it� respect to the landscaping shown on the rendering, that it is stricCly schematic at this stage, They plan to conform to the landscape plan for Pruneridge. Mr. Rose commented that they have paid for the street trees on Pruneridge and Tantau but the City has not yet put them in. Relating back to the parking, Mr. Masters said they could �et the , 25` by eliminating tnree parking spaces. f�e said it is a matter of absolute numbers versus visual impact. Comm. Nellis said they would � prefer not to chip away at t�e standards set here. The Planning Director wanted to further discuss the matter raised by Mr. Ward of the f.uture Watkins�Jolznson drive�-:a��. There is no approved, active plan on the Watkins-Johns�n site at th�s time. Tantau will in the future be signalized. Comm. Gatto wanted to discoura�� ISS traffic from com�ng out to Pruner�dge via this driveTrav�. :ie y �aould rather have them come out at Pruneridge via sig.zalized Tantau. Mr. Rose said this �as a reauirement of the Plannin� Comm�ssion one year ago. Mr, Rose ans�Jered Comm. Gatto that a combined ingress;e�ress causes certain security prob.Iems, particularly t:*l:ere Government contracts are cor.cerned. rIINUTES OF THE JULY 23, 1a73 REGUL[�R PL�'�IVNING COTL�TISSION 1"�ETIN� PC-li9 Pa�e 7 ;1r. Jim Blair, 20622 Debby Lane, Saratoga, said he is the contrac- tor for this and the previous build_ng. He said the Planning Comm�ssion wanted to rtake sure it �•ras recorded taat ISS have ar:cess through here to Pruneridge. The landscape arch't�cts would like to see a break bet�aeen a small a::��unt and a larger. amount of landscaping. A minimum should be loc�ed at as a x,uideline. Moved Uy Com;n. NeZlis, seconded by Com;n. Ada.11s to close the Public �iearinc;= Public Hearings. closed Motion carried, 4-0 The Planning Director answered Comm. Nellis that it was his judgment that the conditions stipulated in the staff report would make tnis development consistent �aith the Vallco Park development. Comm. Gatto said that in this case the 28` i.s not that difficult � to achieve -- they can pick up a couple of inches here and there on the sidewalk, etc. Moved b; Comm. Adams, seconded by Comri. Gatto to recommend 10-U-73 approval of application 10-U-73, t�Jestfield Company, �a�.th the 14 West�;.eld Co. standard conditions, modiiied conditions 15 and 16, and cond-t�.on appreved 17, 18, 19 and 20 as listed in the July 20, 1973 staff report. Condition 18 shall note that Tantau Avenue landscaping shall be 28', cons�stent with landscaping to the south. AYES: Comm. Adams, Gatto, Nellis, Vice-Chairman 0'Keefe NOES: None ABSENT: Chairman Buthenuth Motion carried, 4-0 � 4. Application 4-V-73 of MITCHELL �aGAR: VARIEINCE to reduce the sideyard setback requirement for a duplex zone from 12' to 5� 4". Said property is in a R2-4.25 (Residential, Du�lex, 4,250 sq. ft. per dwelling unit) Zone and is located bet-aeen Randy Lane and Vista Drive 450 feet southerly of Forest Avenue. First Hearing. The Associate Pl.anner located the site on the transparency map. ��Ihen the tentative map csas submitted to tize City the existint, house t�ras incorrectly s�io�rn. The front setback requiremen� is 20' and it actual_lp is 14 . 6' . It is •l�gal. , nonconf ormi.n� . Since this :a�is IlOt .SIlO�:'Il in the le�al advertisement it will have to be readvertised as to the front yard setback. The side yard setback will have public hearing at this meetin�. FC-119 MINUTES OF THE JULY 23, 1973 REGULAR PLANVING C0:1�1ISSION MEETING Fage 8 The City Attorney confirmed the Associate Planner's statements. There was some discussion a�out the peint in disc�assing the side yard setback when the front yard setback must Ue discussed after advertisement. The applicant said he would like to be able to get the ruling on the one variance at this meeting and t,rould get the oi:her variance next time. Comm. Nellis said it was this assunption that was bothering her. The Vice-Chairman was in favor of the hearing on this presentation since the architect was present as long as he understooca that there is a front yard setback problem to be resolved, too. ' r � Colored slides of the site were shown. The Associate Planner said on� condition oF approval �,tas the retention of the mature trees. The architect said that portion of the existing structure that is within the setback is a utility room with basement underneath. They are redesigning that older building in that they will extend the overhangs and put trim around the windows and extend the porch acr.oss the front so it will be consistent with the new construction. Comm. Adams noted that with the overhang extension they caill be even closer to the property line. The existing building is 1250 sq. ft., and will be a duplex with the addition. The two units wi].l be separated with gaxages and a breeze=.aay. All trees will remain, with the possible exception ef ene small one behind the house. The Vice-Chairman asked for comments from the audience. There caere none. Publi� Hearings Moved by Comm. Nellis, seconded by Comm. Gatto to close the Public closed Hearings. Motion carried, 4-0 Comm. Nellis f elt the only way to solve the problem would be to move the structure, and she is not prepared to ask for that. Vice�.hairman 0'Keefe said Mr, Bagar is makin.g a contribution to the neighborhood and he believes this proposal will tie in with the existing neighborho�d. Conli-n. Adams did not f eel the v ariance to 14.6 was detrimental, but he would like to see the plaiis �or the old and new structures and �ee how they plan to tie them together. He suggested the comhined application �should be presented to the City Council. .•IINUTES OF THE JULY 23 , 197 3 RE�ULAR PLAI3NIi�G C0�'II`'tISSIO:t MEETII�TG PC-119 Page 9 Moved by Co�n. Nellis, seconded by Comm. Ga�to to coutinue appli- 4-V-73 cation 4-V-73 to August 13, 1973, and to instr�act the staff to Bagar intmediately advertise the second por*ion so that the en*ire continued application car. be sent on to the City Council. The City Attorney said that if this is the case, he �aould recom- mend reopening the public hearings. Vote on motion: AYES : Corsm. Adams , GaCto , Nellis , Vice-Chairman U'Keef e NOES: None ABSENT: Chairman Buthenuth Motion carried, �►-0 Moved by Comm. Ne11is, seconded by Comm. Gatto to reopen the Pub?ir_ Hearings public hearings on 4-V-73. reopened AYES: Comm. Adams, Gatto, Nellis, Vice-Chairman 0'Keefe NOES : I�one ASSENT: Chairman Buthenuth Motion carried, 4-0 A recess Fras called at 9:32 P.M. The meeting reconvened at 9:44 P.M. 5. CITY OF CUPERTINO: Public Hearing to consider 1973 Compre- hensive General Plan. The Planning Director said that at the last nleeting, �.Then the decision �aas made on the core area, the Pl.anning Commission � indicated they wanted this Ieft on the agenda for the tiu�e being. Comm. Adams asked the Ci�y Attorney if he recommended the Plannin� Commission take on any additional meetings tahen i.t is kno�,m some will be on vacation. The City ACtorney said that legally you can nieet with less than your full number and can make final decisions. But the General Plan is a very important matter and he recommended a full Cor.imission and as much of the s�af f as possible on hand at these meetings. PC-119 MINUTES OF THE JULY 23, 1973 REGUL,AR PLANNING COMMISSION MEETING Page lU Adjourned mtg. Moved by Comm. Adams, seconded by Com.m. Gatto to hold an adjourned meeting to be neld on Thursday, August 2, 1973, 6eginning at 7:30 P.M. for the purpose of Aug. 2nd continuizlg discussioiz o�i the General Plan, beginning :•:ith the Valley Floor. Motion carried, 4-0 rhe Commissioners were asked to let the Planning Director know when t�iey planned to be away on vacati.on. Mr. Adams said he �oould be gone the week of August 13th. � r Comm. Nellis would like to �,rrap up the valley floor, including parks and semi-developed areas and neighborhood commercial. UNFINISHED BUSINESS 6. Extension of Application 13-U-72 - Sunnyvale Christian School (Assembly of God Church), The Associate Planner stated that in July of 1972 the Planning Commission passed a use permit for classroom facilities on tnis property with the conditiaii that it be revie��e� as to possible proUlems �aith the residents to the north. There have been no complaints, so the staff recommends the Planning Commission approve this application ��Tith a given time limit. Comm. Nellis asked if this school has been operating to capacity. Mr. Robert Lurgess, Principal of the School,said tYiey had projected an attendance of 60 and they had actually had only 40 students. This is a 6, 7 and 8 grade level situation. They have not received any complaints as to a noise factor generating from the school. The Vice-Chairman asked for comments from the audience. There weze none. Comm. Adams had no objections to the staff's recommendations for permanent approval of this use permit on the basis of the previous condition of a maxir�um enrollmer�t of 60 students . Comm. Gatto asked the City Attorney how to handle the possibility of, say, if 5 years from now the traffic becomes a real problem. The City Attorney advised tilat some srecific statements and conditions be made to the use permit if there are any apprehensions. MINUTES OF THE JULY 23, 1973 REGULl1K PLEI.NNING COMrIISSION ME�TING PC-119 Page 11 Moved by Comm. Nellis, seconded by Vice-Chairman 0'KeEfe, that 13-U-73 13-U-73 be extended, �aith the 1.4 standard conditions, and Sunny�aLe 15) Ttie enrollment is limited to 60 students. Christian sciloc�� 16) Ar such time as noise or traffic become a nuisance, the Plannir appr.oved Commission reserves t-he right to review the use permit. Mr. Burgess said that 60 students would be the normal for this year , but he would pref er not to have a m�irmum listed . ihe facility can accommodate 120 students. The motion was amended by Conun. Nellis, seconded by Vice-Chairman 0'Keefe, in that condition 15 shall read 80 instea3 of 60 students. Vote on amendment: AYES : Comm. Adams , Gatto , Nellis , Vice-Chairman 0'Keef e NOES: None ABSENT: Chairman Buthenuth Amendment carried, 4-4 Vote on motion: AY�S: Comm. Adams, Gatto, Ne?lis, Vice-Chairman 0'Keefe NOES: None ABSENT: Chairman Buthenuth Motion carried, 4-0 NEW BUSINESS � 7. Application 12-TM-73 of VALLCO PARK: TENTATIVE MAP to erase property lines in the parcel bounded on the north by Pruneridg Avenue, on the east by I.S.S. Corporation, on the south by Interstate Route 28U, and an the west by [�1ol.fe Road. 5 ° The Planning Director explained that these are very old property lines that were discovered during routine check on City records. He reviewed the parcel m�p, indicating where these property lines were. The stafi suggested t:hey be eliminated. Conmi. Nellis asked �ahy this «as not listed under Publi.c Hearings . The Planning Director said there have been a lot of pululic hearing on these pra�er.ta.es, ancl it is not legally necessary. Comm. Gatto asked what kind of covenants and rest.riclions ar.e ' iiivol.ved . r1r . GlalCer Ward, Vallco Park General Manager , said : PC--119 r�INUTES OF THE .IULY 23, 1973 P.EGULAR PLANNT.NG COMMISSION ME�TIN'G �age 12 the initial amalgamation raas for 25 properties and this was put into a holding company. This can no longer be done. The only sale made by Vallco Park is the residential to the north. T`hey have deeds of trust for the properties. The reason for this action no� is the City requires � a parcel map with the Hilton development. 12-'Tl�i-7 3 Vallco Park Moved by Comm. Gatto, secended by Vice-Chairman 0'Keefe to approve approved application 12 TM-73, subject to the 14 standard conditions and condition 15 listed in the July 20, 1973 staff report. � r AYES: Comm. Adams, Gatto, Nellis, Vice--Chairman 0'Keefe NOES: None ABSENT: Chairman Buthenuth Motion carried, 4-0 8. �nvironmental Review Committee -�ecommendation for Negative Declarations: a. Application No. 11-EA-73 Applicant, Hewlett.-Packard Co., Data Systems Div., Vallco Parl� Location 11000 Wolfe Road, Cupertino, Ca. 95014 Acreage 96.57 acres Present Zoning P(Planned Developmerit with light industrial intent) Discretionary Action Requested: Application for tentative map and use permit. � � The Plannin� Director reviewed the previous action on this property. He said that it was the Commitr.ee's opinion that no significant environ- mental impact was involved and thus, no EIR is required. Summary comments of il-EA-73 are on file at City Fiall under "Environmental Documents" -- EAP-3-73. Since this summary was given to the Commission at this meeting, and since this project is of considerable magnitude, it was felt additional time should be allowed the Commissi�n to study the matter. 11-EA-73 Moved by Comm. Nellis, seconded b_y Comm. Gatto to continue application postponed to 11-EA-73 to the adjourned meeting of August 2, 1973. August 2nd AYES: Comm. Adams, Gatto, Nellis, Vice-Chairman 0'Keefe NOES: None ABSENT: Chairman Buthenuth Motion carried, 4-0 MINUTES OF THE JULY 23, 1973 REGiJL.aR PLA.vNING COl`1MZSSION MEET'ING PC-119 Page 13 b. Application No. 12-EA-73 Appli.cant Thomas G. Traeumer Loca.tion Northc�est corner of Cupertino & Cres�ent Acreage 0.388 Acres Rds. Present Zoning Santa Clara County R1-10 (Residential, Single-family, 10,000 sq. ft, per dwelling unit) DiscrEtionary Action Requested: No application filed; possiUle prezoning & tentative map applications. � T, G. Traeumer After consideration of the Committee's summary report, it was 12-EA-73 moved by Comm. Nellis, seconded by Comm. Gatto that a Negative Pdeg. Action Declaration be filed for 12-EA-73. �eclared �iYES : Comm . Adams , Gatto , Nellis , Vice-Chairman 0' Keef e NOES: None ABSENT : Chai.rman �uthenuth Motion carried, 4-0 c. Application No. 10-EA-73 Applicant Intersil, Inc. - Unic�n Carbide Corp. Location 10900 Tantau Ave,, Cupertino 95014 Acreage .14 Acres Present Zoning P(Planned Development with 1i�ht industrial intent) Discretionary Action Requested: Application for use permit. The Planning Director said the Committee visited�a similar install - tion in Sunnyvale. A major concern �vas the noise of the air com- pressors and other noises created by the function of the site. � There is a residential area (Westwood Oalcs) in Santa Clara some � 200` away. The applicant proposes a 10' sol.id wooci fence with pillasCers. The ambient noise level at the adjacent resid.ential is being monitored. Vice-Chairman 0'Keefe asked the applicant if there is some way of predicting the noise level than.requirin� them to shut down their operation, �ahich causes problems in uther areas. ! e PC-L19 MINUTES OF THE JULY 23, 1973 REGULEIR PLANN.LNG COMMISSIUN M�ETING Page 14 , Mr. Pat Nichols, Sales Representative Engineer for Union Carbide, said he is very concerned about environment, parti_cular.ly as it relates to the electronics industry. l�e said they have been aUle to iiicrease their capacity taithotlt i_ncreasing their employees by using lar�er diame.ter wafers and more furnaces within L same soace. At the rate Intersil is growing, they will have to truck in about three truckloads per day, where it is only one Cruckload now. In the future, it �oill be four or five truck]_oads per day. Their answer is to build a plant to supply the nitrogen on the site. They wil]_ have to use 400 hp motors, so noise will be a problem. A solid fence has been designed wizich will • help eliminate some of the noise. The compressors will be used within � Butler buildings. He tiook db ratings at another plant, and found on three sides it would be acceptable. On the fourth side there �vas a cooling tower where he read 75 db about 10' from the building. That plant was abouC three times the size of Intersil. They believe they can keep the db range down to 70 at the fence line. Then it is another 30' to the neighbors. He suggested the trucks and the pumps can create a bigger problem. Mr. Nichols answered Comm. Nell�s that their facility will generate consistent noise of about 8J db inside the building, 70 db outside the building and 60 to 70 db at the fence li.ne. He doubts that it wiTl disturb the residents. Comm. Gatto said th.is noise will be more noticeabla at night. He said you need somethi_ng like a 6' thick cement wall to attenuate that sound unless you directed it up�aard. He would like the Planning Commission to establish a db level that is acceptable. Mr. Ni.chols said he took a db rating of 75 from a car passing him at a Sunnyvale school. The Planning Director suggested a se�ond consultant be a requirement for use permit. Comm. Nellis woul3 like some measure to go by. Comm. Adams asked if the Planning Commission has the authority to engage a consultant. The Plannir.g Dir�ctor said the City can do this, to be paid by the developers. Comm. Gatto believes this can be resolved at the same time as the use perm3.t. It would behoove the applicant to engage an acoustical engineer. 10=EA-73 Moved by Comm. Gatto, Seconded by Comm. Ada�ns to accept the negative Intersil declaration for application 10-EA-73 and instruct the Planning Director approved to file a Ne�ativz Declaration. AYES: Conun. Adams, Gatto, Vice-Chairman 0'Keefe NOES : Comm, Nellis ABSENT: Chai.rman Euthenuth Motion carried, 3-1 - MLNIJTLS Cr Tlii: JULY 23, 1973 REGUL.'1R PLl��: �JIr]G CU�IMZSSION P•1EETING PC-119 � Page 15 d. Application No. 13-EA-13 Applicant City of Cupertino Project Na,-ne Memerial. Park - First Phase Location Mary Ave, & Stevens Creek Blvd. Acreage 15 Acres (First Phase: 5.739 Acres) Discretionary Action Requested; City Council �cpproval of park constructio . . The Planning Director revie�aed L Committee's comr.ients listed under EAP-3-73. Vi.ce-Chairman 0'Y.eefe questioned wttether or not it �•�auld be spor.aclic'in nature'if night baseball games are scheduled five nights in a row. Comm. Gatto said he had studied the plans and noted that i_t appear. we have put the noise and the lights of the park as close to the r�sidents as we can get them. The Planning Directo said the Park people were told about. this and they spoke �•�ith Mr. Avery, who did not oUject. Moved by Comm. Adams, sec�nded by Comm. Nellis to not take any � action on this declaration. rlotion was withdra�a�z The City Attorney said it either has to have a negative d.eclaratio or a report. MINtJTE ORDER : Moved by Comm. Nellis, seconded by Co;nm. 0'Keefe to send a ?�finute Order communication to the Parks and Recreation Commission expressing to P& R Comm, the Planning Commission`s concern of t�ie location of the tennis courts and baseball field in relation to the residential to the south and to the east, and consideration should be given to the recommendation that Memorial Park be extended to•the east and if this is accomplished, what �aould their recommendatian be in respect to lighting an3 noise factors. � Passed , 4-0 REPORT OF PLAIVNING CO?�1MISSION Comm. Nellis brought the Commission up-to-date on the Hill.side Subcommittee action. They have lost their chairman, and Councilma Bob Meyers has temporarily assumed the Chair.manst�ip. Coinm. Nellis has missecl the l.asr. two meetings , and Counci. �.man rieyers tias r.lissen one, due to other City activities. The Subcommittee appears to be in limbo. �EPORT OF PLANNING DIRLCTOR The Planning Director passed our a report f.rom the Board of Supervisors. PC-1]_9 MINUTES OF THE JULY 23, 1973 REGULAR PLANNING CO?�9MISSION MEETING �'age 16 Vice-Chairman 0'Kec�fe asked the Yl.anning Director if any action ha.s been taken on Comm. Adams' docume;tt regarding compensation for Planning Conunissiuners. The Director sa�d the Counci_1 has indicated they would . prefer to wait until tlie conclusion. of the General Plan. There was some discussion of the election of the 1973 Chairman. It was decided they ���uia wait another month before taking any action, Y APPROVAL OF MINUTES ; Regular Meeting of July 9, 1973. On page 11, third paragraph from the bottom, starting with "Chairman Buthenuth..." -- Conun. Gatto said this was actually referring to Vallco Park. Page 12, fourth paragraph from the bottom, starting with "Mr. Levy..." Comm. Gatto said it should read: "There was a question ef tocan centers to be town or regionally oriented." July 9 Minutes M�ved by Comm. Nellis, seconded Uy Comm. Adams to approve the Minutes approved as cor of July 9, 1973 as corrected. , Motion carried, 4-0 Adjourned Meeting of June 28, 1973. - On page 8, first sentence, second line: Del.ete 4.47 and replace with 4 to 7.6. �'age 11, paragraph 7, the sentence should read: "Comm. Nellis chose � 10, based on what the Planning Commission has done with the valley f loor in-£ill to date ." Page 6, second paragraph from the bottom. Comm. Gat�o would like the second sentence deleted altogeth�r because it doesn't make any sense. Page 9, the second mction, which was made l�y Comm. Gatto and seconded by Vice-Chairman 0`Keefe, atter ":B.lvd. and Freeway 230 be designated..." strike the remaiiider and replace �vith "a riix of residential and commercial." June 28 Min. Moved by Comm, Gatto, seconded by Comm. Nellis to approve the Minutes app. as corr, of June 28, 1973 as c�rrected. Motion carried, 4-0 MINLTTES OF THE JULY 23, 1973 REGUI.,.-�R PLA:'V�IiNG CONIM�SSI7N MEETING PC-119 Page 17 �linutes of Jtine 30 1973: Page 8, second paragra�h from bottotn: Com.m. Gatto would like the entire paragra^ str�l;en. Moved b5 Comm. 3atto, seconded by Comm. 0'Keefe to appro�e the June 30 Min. i�inutes of June 30, 1973 as correcred. app. as corz:. Motion carried, 4-0 �Sinutes of July 5, 1973: Page 3, first line, replace the word "regional" with "legal". Page 13, second paragraph from the bottor�, strike ghrase "by one density" and replace with "a higfier densit5�". Page 12, Comm. Gatto would like the second paragraph striken. Moved by Conun. Gatto , seconded by Vice-Chairman 0'Keefe to apgrove �uly 5 AZin. the Minutes of July 5, 1973 as corrected. app. as corr. Motion carried, 4-0 Minutes of July 12, 1973: Fage 9, first paragraph, last sentence should read: "Comm. Gatto did nat believe we should widen Highway 9 specifically to handle industrial development." Page 10, last paragraph, Comm. Nellis said the density should read : "4-7 . 6" . . Page 6, Vice-Chaizman 0'Keefe said the sentence relating to car washes, etc., should read: "Vice-Chairman 0'Keefe observed there . was a car wash and marine sales proposed on Vista Drive and Stevens Creek Blvd. , and are exatrlples of in-fill ." :�toved by Com*r., Nellis, seconded by Com.m. Gatto to approve the July 12 r4ir:. �linutes of July 12 , 1973, as corrected, app. as corr. tilotion carried, 4-0 PC-119 *1I;v'UTES OF THE JIILY 23, 1973 REGULAR PLAN:�ING CO`L`SISSION MEETING Page 18 liinutes of July 13 , 1973 : . Jul} 13 Min. Moved by Co�a. Nellis, seconded by Co �. A3ams to a��rove the Minutes a�,:roved of July 13, 1973 as subr�itted. � :�totion carried, 4-0 ADJOURNPiENT � �Soved by Comra. Nellis, seconded by Co^m. A3aT.�s, to adjourn the �eeting to 7:30 P.?i. on August 2, Z973. Aieeting adjourned at 11:24 P.M. ::otion carried, 4-0 � APPROVID : • /s/ John W. Buthenuth . ' Chairman ATTEST: ' /s/ Wr►. E. Ryder City Clerk . , �