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PC 03-08-71 i u� it. �`• '. �s+`?"f{y:`�k+�^5 �t>'�,�,�3��• '�71��r��}��rt ^.` � 9•i��i vt .ti •° 'yt���i��'tlrl^�4 e 7t;yr r7i'�'){;4i �llv'd+�•lie'.r{ t >1t:: .•t�'"r�i��t�}�d a :: CITY OF CUPERTINO, State of Cali.f.orni.3 •It. r .. 10300 Torre Avenue,-Cupertino; Cahi'fo:rni ' z Telephone: 252-4505 PC-29 ' •. •r i f•�(. .. .,:5 1: : . . !- :! i.i:• 'I:i..:'J ...C K�.:�d• t!,� 3 � � , MINUTES OF THE REGULAR'nET1NG''OF'7i1iE PL'ANNING{'COMMISSION'IHELD f''` MARCH 8, 1971 IN THE COUNCiCL CHAMBER,'CITY 'HALL°' ''' ` : ; CUPERTINO, CALIFORNIA The meeting was called- to'order by Chairman Puetz at 8:02''p.m. and''ttie in assemblage was led in a salute'to the flag Roll Call Attending Commissioners: 'Irwin, Meyers• and Chairman Puetz.. absent;_ f Commissioners: ' Buthenuth and Hirshon. A15o`present : ' City Attorney roil call ` Planner .Cuwan, Civil.,E Adams, Planning Director Sisk, Assistant ngineer r f7 .. Akers and Recording'Secretary Dolores Who te. , , } Approval of Minutes . .. •i, _. _.,. 't } Cs�lcil :7scCiarJ: . It was moved by 'Commissioner, Irwin,'.sc:conded'by Commissio'ner,'Meyers ' and passed 'unanimously that approval o'f the' Minutes. of the`me`e'ting` held' February•22, 1971 •be postponed' to the next regula-ly`scheduiea". j Minutes meeting. :, •; .c: approvai postponed �+ Inasmuch as Commissioner Irwin would 'te absent: from ,the, upcomipgrz•,,;:s meeting, he registered his approval 'of the Minutes at,this .time ; ; as s::bmitted,with no corrections or deletions. Postponements, etc None indicated, I Written Communications Planning Director Sisk indicated certain communications had'been re- ceived which would be discussed under the particular item'on, the agenda to which they pertained. i Oral Co-mmunications;_ None indicated. Public Hearings 1. Application 2641-70 of Texaco, Inc. for expansion of '' gasoline dispensing system in' existing ,service station at the southwest corner of Homestead Road and Saratoga- Sunnyvale Rcau,. in a.CC (General Commercial) Zone, First Hearing continued. is Aciffli 1 i r , • {� ; ,, k 2.i t. 1 ° ',� s1 s. � �W s�. T i �+", w• M1' L�' �.�{..r , t• ����,M1 •ln ,.�.'S cdi{ i'q t� ti5 I^ ��%��• �S L � '� C �k Vii I , �. R•! ,lSi '1�v)c.3}ttl 'i", �.V.Yi'w�i�,�y,T kk �t ,�1 ,,.�!F-ss7`�, ,��% t��� �.N�•�1"_ �al� +�TUl Page 2 Minutes of the Planning Commission,, March,$, ,1971 = �f1 }. ,r �j(;'i�r,; PC-29 y AMh Public Beatings (continued) Planning Director Sisk referred to his memorandum, dated January,7,` 1971,` - in which he had,,,recommended appro;val•.of.this.app+lica}tion•.}with.,,l•?i.Aeondi-.`;: a tions to be imposed. The applicant, Gary Boyd, -•representing Texaco, Inc. , 475 Harbor' Boulevard, Redwood City, explained the application was a request to provide a third- grade gasoline of the low-lead type. Be further explained that the 26-D-70 Texaco Company did not-own .the, area ,invulved.but;was operating under a 1 presentation long-term lease with Mr. Marian' "and,thug„ in. turn:,, were sub- leasing the stations to individual operators. Mr. Boyd questioned certain conditions t' to be imposed, saying that, as lessees, they had no control.;,,He*right dicated that Texaco is presently negotiating with the owner--for-perchase �- of this parcel and felt that, because of this fact, Texaco would not be in a position at this time to respond ,on these} items. ' He went on to say that Texaco was killing to comply'.),4'th' all of_ the'. condi- tions if they were successful' in purchasing the 'property from lr.'Mariani. In referring to Condition 15, Mr. Boyd said he was prepared to submit a x basic plan to remodel the existing; facility to relate`=more"=directly~to the shopping center in which it was. contained., , He said,;.in. speaking of ;a all conditions genbrally, 'that the"station would either be remodeled extensively or, if the` land was to be(purchased,,.,compl'et:ely.,rebuil,L-. A plan was presented for proposed landscaping changes to be tifAe!"as . well as a plan depicting anew.service station facility.. The"anew station would incorporate a 'tiled' roof of the mansard type; a 6'foot wall approximately 8 feet out from the'build'ing andj ru;,nirig theent�ire length of the rear of the structure as a trash enclosure to screen same from the shoppi_r.g center area; relocation of tire center; and change of sign on the corner to a pillar type as requested by'-=the--Ci'tyr :'The-- improvements proposed would total a sum of $21,400 which was;,felt,.,.,. k to be more than minor improvement to the facility. In response to an inquiry from Contmissioner Iroiin�'concerning=ultimate changes to the property should approval be granted for purchase,,­ ,,., !' !i Mr. Boyd indicated the station would have a side, tt entry, witn,the canopy to blend with the existing structures, and e roof : 'line' I would be similar also to its surroundings. He said antiquated discussion facilities did not appeal to passing motorists and indicated his. feeling, as well as the company's, that a new facility-would 'be ' best for business in the long run. In concluding, Mr. Boyd requested that the matter be continued for 120 days to allow further discussion with Texaco's main office and approval of land purchase. A brief discussion ensued wherein Commission Irwin. indicated his opinion that the application was not read, for hearing at this time and would not be ready until certain questions were 'answered. He �• suggested that the Commission take a long look'befor'e'allowing tanks to be placed underground until requirements were' act'ually met. 5' t •fN: 1: • �'9i�3. M {�'t.7�� s,������� � k'• ` tc s t t 7�•�9" f k r'} V Minutes of the Plannin ,Cormaission March;8 1971'.-. , 5,� • �Bc � L:,... t, _ J 4 Page' 3 Public Hearings (continued) Agreement was indicated by,;Commissione;r,.Meyers .with..,Commfssioner Irwin s-,comments and he added his,f eel tng,that•perhaps tthe .suggestion previously made would incite thi8,comp3ny,"to move if on the �.jc4 r , v Lr:a z rr;:•. purchase request. t { Inasmuch as there were no audience comments, indicated,,,it was, moved.;,..;., j public ublic by Commissioner Irwin,- seconded by Commissioner Meyers andrpassed . '.hearing r" unanimously that the public hearing be closed on .this ;applicn.tion. ,� j closed s A discussion followed, wherein it was mutually agreed that four months f would be sufficient for response from-the main office conerning this property purchase. : ' It was moved by 'Commissioner Irwin, sec:onded .by ,Commis,sioner Meyers' !hearing and passed unanimously that the public.hearing,be re-opened to Ire-opened enable turther discussion of the application. { . t i Commissioner Irwin moved and it was seconded..by Commissioner..Meyers,+.t. that Application 26-U-70 be con:'nued , t.o;`July,l2, 1971 for further,_, } discussion and consideration. ,ctt 26-',U-70 .t?.; Jr• i t Ayes: Commissioners Irwin, Meyers and Chairman ,Puetz . continued Noes: None ; , Absent. Commissioners Buthenuth and Hirshon F 2. Application 27-U-70 of Texaco, Inc. ,,, expansion of ; gasoline dispensing system in existing-service st,ation ,_, at the northeast corner. of Stevens Creek Boulevard .and ,,, Saratoga-Sunnyvale .Road,. in a CG (Gene_,al.Cummercal). Zone. First Hearing continued. t Planning Director Sisk turned the discussion over to Mr. Boyd who indicated that this service station was uuder .a lon;-term lease conditions as was the first application. He questioned Standard Conditions 1 through 14 to which Mr. Sisk responded that they had; ; already been complied with. ; . IZ7 U-70 presentation In continuing, Mr. Boyd mentioned that the applicant was willing to. approach the H-Control Committee relative to Condition 15, would comply with Condition 16 as well as any other City requirements s. imposed. He said the facility would be done primarily in an earth color and would include compliance with the City's requirements concerning -tho corner sign. In concluding, he mentioned- the'fact'• ' the the Texaco company was attempting to upgrade its service stations . , in keeping with the immediate surroundings. r,a' Audience comments were requested and, in that there were none indi ca Led 1! public it was moved by Commissioner Meyers, seconded by Commissioner lrwin''and I hearing passed that the public hearing be closed. "' ' tt`'{ i closed • ,. .. ,i, .. .. �,:.r; ')'.t is .i�aCi . -:': j, x' i 4 v, w a 9:J��! 9:•„A!'!4 h-+• in I�U'r �Y hJ{�°�t�',�w+yY�. � + ,Z�,�'ub'k 4• 4 >r +'�'Fhy� {rN' N�uiS tt4 S+ I i'6' �' 44�.:�r7U� �• � y"t9 �1�4 �' (.� �k.7 `` qh{t� r •�:" t� i-.,+i t !In�y Lt 977.• �St � .h V � u+v c � ('r ' .y.,l 1�4 ij�•Ti q�q ���� •�.i�Y•+:�7'� X11 S �;+ M1". � ;, i y 1S.4 4;}"b..• 14t t r' to Page 4 Minutes of the Planning Comtnis`siot', °rfarch'8;``'197T PC-29 Public Hearings (continued) VW It was moved by' Commiss,.oner Meyers-and''seconded`by"Commissioner ;: t 27-U-70 Irwin that Applica'tion''27>U-70'be°'approved''subject',, th'e '1`4''Standar'a)' approval '-rie , 7, r3 •, r;•i U13- V fT a: < PP Conditions plus Condit'ions15; `1(i'2in'd`^1 T; as'recommended in the • recommended Planning Director"s memorandum. Ayes: Commissioners Irwin, 'Meye:r:s and Chai rman' Puetz ' Noes: None Absent: Commissioners'Buthenuth and Hirshon '' "' '"` 3. Application 17-TM-70 of Franchise `Realty Corporation: Tentative Map to divide 4.7"acres into two parcels. Property is located at the southwest ., corner of Stevens' Creek 'Boulevard and""Portal"Avenue'in� a CG (General Commercial) Zone. First"Hearing_.continued. A motion was made by Commissioner Irwin, seconded by Commissioner McYers and passed unanimously that Application 17-TTf-70 and`'3-U=70 '('Items`3"and 4 on the agenda) 'be heard •simultaneously'.' ' blot ion 1 t introduced i At the suggestion of City Attorney Adams that the items be heard separate- and withdrawn ly, Co:rnissioner Irwin rescinded his previous motion''and 'Crmimissioner'` Meyers withdrew his second. A vote was taken and the wit Ha'awal.was"`' unanimously approved. -..: Subsequent to Planning Director Sisk's _indication that he had nothing to add to his previously subtn itted '7nemorandum;_Dan.'Donovan,"Attorney representing the applicant,'•came forward saying that `'cancern had been expressed that the applicant no longer had'an'easement 'to Portal Avenue. fi He then relayed the events of the previous December '12th meeting. ' 17-TM-70 He went on to say that the applicant .felt, he was close to negotiating proposal with the owners of Parcel No. I at this time:% 'Tile applicant` s:-'proposal described had been to move Parcel No. 2 westward to leave the corner .of''Poital''' Avenue for development on a larger scale.' The'Use ,Permit;'.he'-'said; `'" would be for a MacDonald 's carry-ont restaurant' wiihout°'the %blden` arches" incorporating interior seating. In continuing, Mr. Donovan mentioned that, according to the' Planning Commission and City Council's previous actions, the applicant was'.'not to be affected by the Use Permit Ordinance because he had already--- purchased the property in question and had acted to his detriment" by doing this. The City Council requested , he said, that signatures' be obtained from the various owners prior to application for 'a' Finall" Map. He said he had no alternative but to request that the subdivision requirement not be imposed on this applicant. As reque"sted bq the Planning Commission, a map was presented showing movement of the ease- ment. He concluded by saying that he did not 'have agreement, in'writing, but did not anticipate any problem in this regard':. i' Commissioner Irwin questioned what would result should the owners decide to refuse to sign or in some way bold up this application, to which Mr. Donovan responded than the applicant would have to start over again. j/ w x' :�a11t 4i rS 4,2 n ( L,y1 yri•v Yy¢' 2i�' -'� tx t i j` l �1 x . s ro ig✓r +`ro4 # p 1 i;•;,,�r�'fit Minutes of the Planning Commission, March 8, 1971 �7' , y s`�rPC-29 Public Hearings (continued) l ' ? ['I:?i} .y !. i .':#.}� 1, {S.1 •- 1 Mt i�. 4. City Attorney Adams agreed with Commissioner .-Irwin and mentioned.'that :'''r the property was strictly„tentative ,with,nathing .h a ing been.:solidifile a He advised that a continuance b,e„consldered lfor�a4,complete package, saying that the 'object had. been.,to get,the easements,and improvements; on the entire parcel. He said progress had•,been :lade, however, the i - requirements had'not,been met entirely in that,.the signatures were i E still needed. lie was 'not convinced, he' said, that an exception should be made at this time. . It was stressed by Attorney Donovan that the ,City had.,nothing ;t=o,.r�isk and that the applicant would be the only one who could* be hurt because he would be unable _to. proceed 'withou't, Final, Map .agproval.,', _•,; ri s” i In responding to Mr. Do-novan's comments, Attorney„Adams-pointed out ; that it was appropriate to have a firm policy concerning Tentative Maps having approval and being applied for by all property owners involved. Discussion followed, wherein Commissioner) Irw.in,lsuggested further in` discussion formation be presented in that it had appeaed the-applicant had not, changed much from the "strip zoni r ng” concept., He, said he would like' : .to hear discussion relative to philosophy on this, ;application. , ; x Chairman Puetz requested audience comments after, which ,Mr. Koenitzer, 10060 Phar Lap Drive, Cupertino, ment,ioned ,his .favorable 3 comments concerning the widening but added that, said widening ,would result in an irregular lot remaining He ,said, he .would hesitate ,to approve Parcel No. 2 without a def invite;•plan yof Parcel' No... 1 as,,a.- . . single unit in that it would be difficul,t,to develop,,. He requested the Commission consider this application very ser.iously;.; Agreement was indicated by Chairman Puetz to :Counsel's pr,ev.ious . advice and it was mutually agreed by the other Commissioners that the application be continued for additional information.• It was moved by Commissioner Trwin and seconded by Commissioner, continue Meyers that Application 17-TM-70 be continued to .the next regularly Continued scheduled meeting of ;`larch 22, 1971. � Ayes: Commissioners Irwin, Meyers and Chairman Puetz 3 Noes: None Absent: Commissioners Buthenuth and Hirshon Commissioner Meyers explained his second to the previous motion by saying that the reason lie dial offer a second. was with the und=erstanding that, in fairness to all applicants coming before the City and �incef this seems to be a continuing trend in Tentative Map application whereby parcels are sold without proper. recording, lie felt this was the way to properly handle this situation in fairness to all persons involved. t t _ i i r , f:•, - •5':! �Y x!,a1 �T ��.>,�'��'rS{N.+:G��r1 e v?� �Y t. W.1�r�F'• (�•n Milr�+l�r�i ir,,�Y � ' ` '.i ♦w' ! f'i � �i� ���°b:Kygp �s1'^,v7 ��s�,j }" r��'�. �(; 'lx' �.. u x ,a.r'C' a X Y,,4 , i1g,: tr�fwl s, aayrr ,22 ayye itK J �'�;rk�.tmp7_v 4 wt�(° # 6S't:if:i' '`i 't!i� !?!"r ,� i ;.•tlS Page 6 Minutes of the Planning Commission, March 8, 71971, rY1',I�f4 P r, i.. Public Hearings (continued) ! ! > i,•. t?F', ...Taf,:.;f. Y,r•,l",t 't..i i.,J• i 4. 'Application'3-U-71 o1,-' 'Franchise Realty Interstate Corpora-. tion' tc allow 'construction•"and"operation of a„MacAonald's carry-out restaurant at the southwest corner ofthe inter- e -section of Stevens Creek Boulevatd and 'P,ortal�Avenue.iin a CG (General Commerciiil) Zone., First Hearing:: 3-U-71 It was moved by Commissioner Irwin and seconded'by Commissioner Meyers continued that Application 3-U-71 be continued to the next regularly scheduled meeting of March 22, 1971. Ayes: Commissioners Irwin, Meyers and Chairman Puetz Noes: None s Absent: Commissioners Buthenuth and Hirshon 5. Application 4-U-71 of Horst Kleimann for Use Pernii'trit0 c allow the operation of a 20-guest residential care home for elderly persons, on Lots 29 .and 30 '1'orated:at -the { southeast corner of Footiiil'1 Boulevard an Santa Paula , 'Avenue, in a BQ '(Quasi-Public Build'ings;)' Zone. First Hearing. Planning Director Sisk reported that' this applicatiori._had` been 'p're- I v.iously zoned BQ with a Use Permit: 'having'beeri approved for a r"est' home. 4-U-71 . . r.�., He said new plans were being presented requesting approval iof,,a: larger presentation facility. Approval had been recommended Isub.jeet'to the l4fStandar'd Conditions. Additional corres oncdence .received b •the Planciin `` '-_' p Y_ .g ._:• Director was presented to the Co7unission for their 'in: orma'tion''at;'` this time.. The letter was recognized by Chairman Puetz who indicated 'thaE''tit'��' had been dated March Eth and voice:d several objections Ito'rthe'`lar'ger rest home facility. The letter, he said, had been sighed"by'Mr."'and �rriCten ( Mrs. Skinner, 10490 South Foothill. Boulevard, Cupertino, who-indicated objection that their son would be appear'rng,at the meeting to explain their•; A indicated objections further. At the request of City Attorney Adams , Chairman Puetz read the letter for public information purposes. The primary objection indicated"was the parking problem and it was suggested in the letter that "no 'narking" signs be placed on one side of the: street. The applicant, Horst hleimann, 1157 Tilton Drive, Sunnyvale, indicated that parking would not be a problem and offered to answer questions. i}.1. . applicant 's In response to an inquiry as to why the applicant desired to enlarge comments the facility, Mr. Kleimann said financing was not availaS,Ie forla'114- guest care home with the smallest' number accepted being`20 guests.; .lie continued by saying that the cutbacks in Medi-Cal would not affect his rest home facility because no medical treatments were to be given as it was to be a 24-hour care facility only. No visiting hours had been established, he said, however, it was felt that there would be more visitors on Sundays and holidays than on a daily basis. u s i T"7r!{t`� yFt AA � � i ' t _ •. T_ ..�� k � .fr''�•rc�Miy �! j Yti Kry� "n ��li• �r� .�J(�y YK{�,5;3h Minutes of the Planning Commission, Ma:cch 8, 1971 1;11_ S J ,t �i ti..j E 1 1�:P..4gei;"'T L Public Hearings (continued) ' t e ,t The Planning Director mentioned that the parking, in this instance;rwas;„ � within the requirements Ordinance•''acid' aveoa-lbrief I reak ;t:::•,;"•� ' ' q 8 � g down of the parking .available on ithe':sate. j•r rri In response to a request by Chairman Puetz for audience comments, Mr. Warden Nell, representing Mr. and Mrs.' Skinner, came forward ` `' t + { regarding the parking problems which could ibe• created -in-this areal.';,-,"Q }' iscussi,on G He requested assurance that "No- Parking" 'signs would be, placed 'on ''t'i)-': ? t one side of the street because of the •iexisting traffic 'problem.' Discussion continued, .during .which Planning iDirector: SEA, suggested1 action be taken on this to inform the.-City Council of the; situation` and that a recommendation be made for installation of "No. Parking'! signs along this str.et.. . ,r f i It was moved by Commissioner Irwin and seconded by Commissioner..Meyersi ,public -,: that the public hearing be closed. The motion carried by a unanimous ' hearing s i vote. ;r:: :: f osed It Has then moved by Commissioner. Ir•wip :and seconded ,by Commissioner =; i Meyers that Application 4-U-7L be recommended for approval subject=^ toy"" the 14 Standard Conditions and Condition 15 be' added to increase. the.,';, -U.-71 parking spaces available. to a total of nine on site.' :, .,1:, PPraval .:recommended Ayes: Commissioners Irwin, Meyers- an.d: Chairman Puetz Noes: '.None ?....a i Absent Commissioners Buthenuth and Hi.rshon i. ,•r ,r A Minute Order way initiated by Commissioner .Irwinand• seconded. by', Commissioner Meyers that the City Council- consider, contacting the::e? ' :: County Board of Supervisors requesting "No Parking"i signs -on-: the?'. inute Order northerly side of Santa Paula Avenue (200 feet back from Foothill linitiated ; 1 Boulevard in an easterly direction on Santa Paula-Avenue) . Ayes: Commissioners Irwin, Meyers and Chairman Puetz Noes: None Absent: Commissioners Buthenuth and Hirshon A recess was called by Chairman Puetz at 10:07 p.m: and the meeting was reconvened at 10:17 p.m, recess called 6. Application 5-U-71 of Vallco Park, Ltd. for Use Permit '. r to allow the construction of a 3-story office building . of 50,000 square feet and a 2-story office industrial building of 58 ,000 square feet , both to be located in . ... Vallco Park on the south side of Pruneridge Avenue, : .. between c•;olfe Road and Tantau Avenue, in a P (Planned' Development) Zone. First Hearing. j i 1 y r' hi ' , '`:��� $j'°+,n'�'4 cd7`�t{ fY+".rv3a����""fT t��}�;Krryu,��v.'���wi•'•'�� �?4a.C� y`'(�,,,w�yAyV"p�N�.x<d a� rf :"�,.- .+�; A .'` 7i�,��. d=.� ���� .:. ,s u,is n k,.. ?,, 1Y, �1,71:a^ } r3•gqfi'�drm4�,,� �� r, 1� s �k� {' k.,�e n; +-r .. f.• d M � �+S++y4 �°��.�r,l�d`i`��'.' y�• ��,L�r�+� �.d, 4ah^`le h?kr( . ' + ty i �., '+ r r�'ra�-+ r Y 3! �titM �,d�1,y •}-,sY as l.� ,�. �' • ,5•'�d+ k>�Y'�ij�'o-U�{S'�a i 't �,t+.4F��4',r�*,,ti°+'•'ir L �•s. ' ' •.f:i:l. r dr„�.ir �,!'t itrj4 .{:k�i-r e„')�'1+i'f i. Page 8 Minutes of the Planning Commission, March 8, 1971 PC-29 Public Hearings (continued) ' tj Planning Director Sisk. explained -that the property••involved wa•s`'partl'4i' of the Vallco Park project. lie then introduced sMr. "Wal't'er, Ward; k'fttlr• General Manager of Vallco Park to explain the proposal. ` 5-U-71 Mr. Ward briefly described the buildings, in total-, which had been description proposed in the area and made specific reference' to !the buildings.-- y under discussion. Several slides were presented and Mr. Ward com-" , . t mented that there had been no changes on the project- since 1965. s'.•+ He said the buildings in question would have 'adequate parking and 'r idi would house approximately ten tenants in the office building, four,: ; or five in the industrial building Frith the parking required to be' sf'• 465 spaces (the plan showing 475) . public Inasmuch as there were no audience comments indicated, it was "moved' by hearing Commissioner Irwin, seconded by Commissioner Meyers and passed unanimously closed that the public hearing be closed. At this time Mr. Sisk indicated that additional. conditions' hadi:been; recommended, specifically Condition 15 and• 16. It was' sug'gested �that- signals, when warranted by the City, be included by •the iapphicant1f because of the potential traffic increase :in the are'a.f hearing In view or the additional conditions.- recommendedj' ir-ws moved by reopened Commissioner Irwin, seconded by Commissioner Meyers and passed unanimously that the public Bearing be 'reopened'. Mr. Ward requested that the cost of the proposed signalization be­';.-' shared by 1-Iewlett-Packard in that this company owns part%6f;'the1 r;a,.l •••'O:• property involved at that intersection, r' ". ir• 7:! In that no further discussion was introduced for public hearings,'-'it hearing, .us moved by Commissioner Irwin and seconded by Commissioner Meyers "? closed that the public hearing be closed. The motion was carried,:•by a unanimous vote. 3 It was moved by Commissioner Irwin that Applir_atior. 5-U-71 be reconi- 5-U-71 mended for approval to the City Council subject to -.he 14 Standard }' approval. Conditions 15 and 16 as specified by the Planning Director to be recd mended applied as recommcnded. The motion was seconded by Commissioner, Neyers resuiti.ng in the following vote. t, 'T Ayes: Commissioners Irwin, Meyers and Chairman .Puetz - Noes: None Absent: Commissioners Buthenuth and Hirshon 7. Application 6-U-71 of Vallco Park, Ltd. ,'for Use Permit to allow the construct'.+on of a 240-room (12-story) hotel with restaurant and banquet -facilities in Vallco Park at the *southeast corner of W::�lfe Road and Pruneridge Avenue, in a P (Planned Development) Zone. First Hearing. rr - 'k � r r. S. S 'r 1.y,,•.S:t- v� ,�:r,.. ksr}ew,:t,r 'Y'�"" ?S�:t.+��ti,��ii14« �4'?t?M�e ij a��� `'�� a�� , ' ° ter: + ' 1c • t� t)' T2a ' t A; T A y�l'�Yyy��✓�A ,'�.S rh�j!! v�+•egyld� t�!yt S r r Minutes of the Planning Commission, March.8, 1971 p�-29 ' i Public Hearings (continued) .Planning Director Sisk referred to the applicant, Mr. Walter ,Ward, General Manager'of -Vallco Park, fot''presentati'oir>on'thig'.Iapplicati,o'n, ; Mr. Ward explained that the proposal•was!for a Hilton. Inin( to ,include f 240 room to be contained in the 12-st:ory'structure,''a 'restaurant- coffee shop facility,• and' a banking' facility.' He introduced a report ! compiled by a national. firm of certified public' accountants• which,;-'i I indicated positive comments relative to the hotel _ providing needed 'living area for performers at' the DeAnza College, .persons doing- { ? business in -the Vallco industrial park area, etcetera: '.He- mentioned { the fact that a hotel was needed 'in' the westerntpart of the valley+ - 6-U-71 to enable people to, if they wished, walk to work in the complex, t description Twelve stories, he said, would take less acreage and provide for ''•",;. better hotel service as it would be a close-knit facility'. iThe' t'ty - height being at 1.2 stories would not hinder the view of the resi- dents as it would be quite a disr:ance' away from the' nesrest home. . :' In concluding his cormments, Mr. Ward ,pointed out •that. to ref use ,the- -building of this hotel would increase the ecology problem in:thatO'-- there would be an :increase in the number o'f`business' people• having,".' to travel further distances. He their introduced''Mr.',William, E'..!-,Swank, Swank and Gesler, who went on to desc;-ibe :the ,architectur.e tof ,the'.fiJ building. Mr. Swank (Archi.tect) from Orange, California, explained'the' plan`:as i incorporated a full-service hotel within the Hilton chain. He said. it would be a high-quality hotel to be' operated by•one':entit' --• he-)'' Hotel Development Corporation. • The site plan"-'indicated' 350 parking!: architect 's spaces to he of 1.0' x 20' stalls, however;; he�'said''•the plan could%be comments altered to increase the number of spaces'by reducing'thetstall• size" to 9-1/2' x 20' . The structure-would cover .13.4.6 of' the lard.`�resulting in a large amount of .open space, there: would!`be many large] pianting'- areas provided to be designed by tile' same'landscape' architect,lwho � = designed the office building lancscaping, and the •bui.lding"materials would be coordinated in all facilities. 'The building material.s-:worild,i . consist of : sand blasted concrete, brick, glass and anodized aluminum. He went on to say that 35% of the property would be landscaped and- above-ground parking would be provided as subterranean was considc-red , to be a detriment to the hotel. He concluded by saying that Phase '3 would provide parking as adequate to fill the need of the development. i In response to an inquiry made by Commissioner Meyers as to ingress and egress in the cast-west direction being made operative, Mr. Ward -said : it would be of no use to build this roadway at this time as- it•would , a have to be torn do-,•rn eventually for buildings. Commissioners Irwin and Meyers indicated their concern relative� to •the amount of traffic flow .into Pruneridge Avenue from one point, to which Mr. Sisk responded that an emergency access' had been previously dis- I 4 cussed with the applicants as well as the possibility of a'•left-turn pocket being included. • i i • i , :r t r • � •:, ct .y�siti ra `.�.,t tvRn`�4 .�7� >w11s'tars,, "-Ar Per, 1 ��$}C s.y i�.s t+y c.,� j x � 7 r �,l.r, n ti�•'[v'�. .!, r�;a�t...t, }'xs. ,y�hf` ;,�bS ( .id y,�,v r7 � 4 ti • .;� ) .�.:~,11��t{4Xr"���JS��N � h�i�i�'fu"'S. u4+ f�Pf'��,�, `S>Aa,. _ 3 ' l� ' �,.'; i ..ia TC�R f14' I..'(•ir 1., '.7'.!7; Li'1 ':(1.� i.i,, l lih. Page Minutes of the Planning Commission, March 8, 1971 ,.. ::+.5;: PC-29 '•i;:;! •.,;!tf i:'i!•S1Y'i :3.1.,.(fitJ�t _ ,�r,,•. AM Public Hearings (continued) r In continuing; his:;comments., .Mr.,,Sink indicatedi,that;the,;parking:.w ., :. not in accordance with the Parking Ordinance in that , according to said ordinance, parking spaces should be provided for;.455,vehicles;M instead of 350 as' shown on the site plan.,-; fie•suggested.,a provisi.oni' r' be made in connection with Condition 16 for additional! temporary;'�u , parking to meet the overall requirement. The additional temporary parkiaQ .faciliries,were agreed1to.by Mr7.%,Ward who indicated that Vallco Park would be at- an extreme .disadvantage:,i . should these facilities be inadequate. Several respondents°came forward from the audience- to comment on:.this application. Mr. Bill Thompson, 18341 Arata Way, Cupertino,. was of, the feel.in� hhat the building was too high being three times the height of the,,othery buildings within the City. He added that it was his opinion„the:hotel was not in keeping with the General Plan, for the Ci,ty and,,that mor,e•t study should be done as follows: 1'),;contact •various,,citizens,•;to! obtain their opinions of the, proposed. structure,, 2.) con,tace;the;Cit#ens,;•,Goals Committee for their recommendations and 3) the public hearing;should _be continued for presence of the full Commission in order to give full benefit to the City. , Ask Mr. R. D. Koenitzcr, 10060 Phar -Lz,p Drive,..Cupertino,,.,voiced_,his;,ob- jections saving that he could not be convinced-that;,thr.ep 12-storyi :Iotels were needed as ultimately planned for..this area. _,,This hotel;, commence lie said, would stick •out like a "sore thumb” and would dominate_:all;; c"��e `s landscaping of the City. � He continued b p'' g } . y.saying. that ;downtownr•.SanJoge was not visible from a distance, and compared the .completed.,.struc,ture to that located in the Prunayard center. He concluded:,by;,asking:._can- sideration be given to the fact that., with .three of, these,builditngs! the appearance would be that of a•400' to- 500': solid,wall. Puss Deborah [lest, 10792 F'arallone, Cupertino, was concerned with the added pollution consisting of people,- cars, buil.dings, ,etcetera-_andj 1 felt that the building would be an "eyesore" to the community because of its extremely large size. Site said the City was not ready• for anything of this type and :indicated her opinion that the structure was no-t,.badly needed in the City. Also opposing the application was Dave Danton, 329 Howard. Drive,. who was worried about the increase in numbers of .people and the . i proposed height of the structure. He reconmended a structure of a smaller size be considered and stressed his concern as to the proposal not being ecologically sound. Mr. Tony Pate, 10204 Tantau, Cupertino, was in ,favor of. the application saying that he felt the hotel as ;.+ell as the remainder of, the ;develop—. s meat should be completed as an aid in obtaining revenue for the, City. ONE Mani RON, , k is !4 ty','''4 Z 4, dyFU{�^I f{i �' '� �'� y, t i�gyp's4�7'�v t+�ry\Yy»`< { ilk"' `A. �'y .. ..y% iG.t.s i�'�ln�.�r• " W4 Y•.:s '}i I Minutes of the P.Lanr.itil; CommisRion, TG3rch 8, 1971 ,..PC-2.9 °p8ge�11 i, a Public Hearings (continued) i i Opposition was indicated by Mr. Sid,Duncan, who felt,the building had very great projection' and 'in being of such" !'significant* height '` f would detract from 'the aesthetic i feeling of the''area�`' `Ne said 12'', stories was exceeding the need. r i Mr. Jim Small, 19372 Merritt Drive, Cupertino, said the plan rwas very good as was the entire Vallco Park plan. He felt: the hotel'was•"of `" A type sorely needed by the City including' the 'restaurant, 'banquet rooms, etcetera. lie added that the proposed height lwouid'not;affect'• r the residents as the hotel would be located 1000 feet from the res- idential sections of the City. In'coricluding; he''said the,hoteh 'taoul'd be a credit to the community. In rebuttal to the opposing comments introduced;'Mr. Ward commented 'that the Master Plan for Vallco Park had only changed' twice.since its adop tion in .1963. i.'e went on to mention that he' had been actively in- volved with several ecological groups,and was proud.of the achievements° i within Vallco Park. lie added that, ' i€ the Vallco' firms were"not located in Vallco Park, they would have been built' at"Stanford and he `stressed : the following poinr.s, 'i.e. , that the taxes 'of the` facilities .located ' applicant 's y within Vallco Park would far exr:ecd those of 'the`residential sub'di'vision rebuttal insofar'as City revenue was concerned, that' an abundance o,f 'open 'space ! had been included, that $4,000,000 was involved in the development 'wi'th the use of landscaping, providing for roadways, etcetera., and this type of development would be well maintained in 'that it was' such`a high- '' quality project. He concluded by saving that the certified"public" ' accountants ' report had taken three months and was, he felt very ' '* ' I ; thoroughly done, adding that if, this hotel was not placed within a planned development such as Vallco Park, it would be pl aced'_'somewhere r else, possibly within the City, by someone else. Mr. Swank commented that the 12-story structure would be'approximately 120 feet in height and, if reduced to a three-story building, 'would' cover three times the land area. He agreed with Mr. Sisk regarding the parking provisions reiterating *Mr. Ward's offer to increase the number of parking spaces. ' In response to an inquiry from Chairman Puetz concerning Fire Department service to larger buildings of this type, Mr. Swank indicated that the building would have smoke towers provided to act as ladder devices for' ," firemen to have access to the higher levels. continued discussion Planning Director Sisk said that, in check.ing, with other cities, he found each to have different setback requirements for developments,, adding that he had found the generally accepted ratio to be one to ; one from the building to the property line and the City's ratio of four to one from the building to the nearest residential area. He- further indicated that a suggestion had been made by the Building Department that a sprinkler system be. included in structures of three stories or more. t i ry S t �,r�{�� 'r t•.�o-J+� !, ��h \%'� r��r5 f� }.xtJ•fr•tyi X. �.M, ski ��v �Q��J��Z ', ..f•'i:'r;/••"U:F uillf:F.lf. Ft�� i'� �„n. '.D�,C?�f, •,� rage 12 Minutes of the Planning Commissio:n , March H, 1971 PC-29 Public bearings (continued) .Lf::tJ Discussion ensued whereinr Commissioner•Irwinitindicatcd the.,two iteMs ,. of prime importance in,,this, applictitlon ,were„[the,,need for the ,hotel Y.1_ 's and its proposed height . Ile was of the;,opinion that..thefacility;was needed and that , in relation to its height , a sprawling building would be worse than a high-rise structure. lie said :this.type of: high-rise,; in unit would be totally undesirable n the,...foothill;area, ,zdding„that,,., in its proposed :location there would be,no foothills, ,sky •orY outdoor.. surroundings to obscure. Chairman Puetz agreed with,Commissioner Irwints comments but felt... ,. 1vF the architecture to be unappealing to him as well as* 'the estimated 50 per cent asphalt paving coverage., Commissioner Meyers also agreed with Com i missioner r'win'.s ponts ., rri L and said he felt this to be a good plan ultimately ,to' result +in an entirely matching complex of high quality. . In responding to Chairman Puetz ' question as to, architecture, Mr. 'Swank described the building structure as incorporating.,cascading balconies throughout, textured masonry on the building .exterior, ,dark. anodized.,. ;.11UMinum window treatments and would include a 'residential,quality; :.', i? in its overall theme, resulting in a building which is a.credit .to- , i any community. n:Fblic ( In that there were no further com,iieaLs indicated, it, was,moved by.,, Co-mmissioner Meyers and seconded by Commissioner Irwin that.'the. ; deal.i ing I ” r . . , : rloscd public hearing be closed. The motion passed unanimously.''! It %.,as then moved by Commissioner ?Meyers and seconded by Commissioner 0-�:-7 i ( Ir;ain that Application 6-U-71'be recommended to the.,City"Council for,, reco:-:mended approval subject to the 14 Standard Conditions, with Conditions• 15`and o c i ppi:r)va 1 16 as specified by the Planning Dir,,ctor and Condition 17 as indicated by the Planning Director regarding :interior".sprinklers. Ayes; Commissioners Irwin, Meyers and Chairman Puetz . . Noes. None Absent: Commissioners Butinenuth and 11trshon 8. Application 7-U-71 of Vallco Park, Ltd. for Use Permit to allow the construction of two , 3-story and three, 2-story office buildzn;s, totaling; approximately 74,000 square feet, in Vallco Park at the northeast corner of.. Wolfe Road and Stevens Creek Bouievard, in a P (Planned Development) Zane. First Hearing. Mr. Sisk indicated he had nothing additional to report other than the information previously submitted on his staff report. C 7--U-71 I Mr, Ward, General ;`tanager of Vallco Park, showed a slide of the original preticntation plan of Vallco Park prepared in 146`1, be then compared the or�iginaf plan with the present plan which had been redesigned to provide for a increase i w �� ,;i5.•y^-�hrw M ,. 'S:�S�.'1mpk�r��F+w"�"^!k`"�,n� urttl y aW y�`t �,n.�''�1� "`,, �''�lr}''s � t pv 1 �xP s RIF,f T �1. ,.£+ A't,r�"ti f� i 1`}Yl4 �((�'r, b�' .• yyy � � h , ti.fi�'. '.f t' i 4 1 b:... , 44 n lF fl+Y•i1* ��• '$tK`t� y ''r lA , Minutes of the Planning'Commission, March 8.'.)1'.;9f 71, ` y ti' '` '�� :'(�' C•, ,� ,'i5'.ir , r' , i..aU.!rz 1 ���! IfS+ `: Public Hearings (continued) r ` Page 13 in landscaping as -well as a banking facility. -d A, the model 'depicting 'the entire-pro�ec in scale: ail nt-.on to that there would be'a 'garage 'iri' the central iea: with access.ffratn, j 1 ;. ; j both sides. He said 'the buildings'.i,,ould'be placed. so that,,thea,three, 2-story buildings would be locatea"on 't:hc. corner an,d ahe 'two "3,-., story i ! buildings would be loca'led at the rear; Subtcri:anean �arki.np, would be provided beneath the 2-story structu!r•es in addition ;to; the ;open r parking. The drive-up window for the b'a'nking facility,, he said, t, would be located within the subterranean parkin; 'urea,. In concludin his comments, Mr. . Ward explained that a, p•eaestrian overcrossing had been proposed over Lhe underground parl<ing ,lot . In replying to Commissioner Meyers comment that he .was, unable ,to, l:ocat,e the proposed footbridge in the model, •11r., Ward explained ,that .t:he footbridge had been added after the model had been made pointing,,;. ; out that the traffic problem had not been entir.ely. solved and was, still under study. ; The buildings were further described as incorporating ,tiled Aoof,s,,_l:r ,.,�i sand blasted concete, nark anodi'zed aluminum'tr.im with•wal.kways., ., throughout. In that no audience comments were introduced,­l i`t 'Jas moved by Commis,-,; r.�p1ibl is sioner Irwin, seconded by Commissioner lieyers and palssed •unanimously hearing that the public hearing be closed. closed ' In response to Mr. Sisk's inquiry relati.ve to 'compliance' to Condition.16 Mr. Ward consented to the condit-Jon recommended. After some discussion, wherein Chairman Puetz requested.that, a traffic study and final road '.: } pattern description. be provided prior to final approval of the application, it was agreed that Condition 17 be . added to insure that this would be done. It was moved by Commissioner Irwin and seconded by Commissioner ;`fevers ` that Application 7-U-71 be recommended to the City Council for'approval 'i subject to the 14 Standard Conditions plus Conri,itaons 15, 16 and .,17 .. 7•-U-71 as amended by the Planning Commission to include approval pending ! approval final review of the traffic situation at this Location. recommended Ayes: Commissioners Irwin, Meyers and Chairman Puetz Noes: None Absent: Commissioners Buthenuth and Ilirshon 9. Application 1-V-71 of Allan A. Middlebrook for a Variance. to reduce the setback distances from five feet to four feet between (1) the property line and swi:nming pool construction., and (2) the house founds- ' tion l.ini� -Uld swi.mriing pool, construction. Residence located at 19651. Drake Drive. '(East side bf Drake Drive,',' approximately 200 feet 'north of Auburn Dr.iIVc)' inf'an-t"' F1-7.5 (Single-family ResidenCial) Zone'.` Firs't'`HearinA:-' .ti 'f r ti a s �,;;viv,' •�• n a.h? _1.. �';fx 4r lip�'1+.:�'�'�v2r�u\° � � ��.L's•�R3� �j� i��� � v�1`ri�e Ifni' 'qr i •�'.F'2 q Y Yq �r ��ry ,, �, � �_� �I {�i; S7 �,Y.?}y for�r�'}++xr a�j ��4� �+r'x�k3�•��y. �� {' 3� "�. •k,$sri x 1'k G • .• -t,, t�•yt �;;� �:'y�trs� a'�f�rt �,'� �}t ,�,�RC�• w d �' ,,,�v�}. a I,age 14 Minutes of the Planning Cbmmission', March 8, 1971 PC-29 �,' ,r ttr r ,.. -.t .1 . ;r .lsr.•dns ;s:.ICi�r`l � Public hearings (continued) It was reported by,Mr'.' Sisk' that, in tconsult.ingrrfurttier,withjCity r.•r;:3 Attorney `Adams, he`.was advised the:". ;were ,no .provisions :available.a::.rL w'thin the City Ordinance fora Variance;procedure, in this. regard:sc:ci He said the pool would have to be built in acco,rdance,,twithnthe'-, s,+'S 1-V-71 Ordinance as it now exists. 1 t lend , ,presentation i i. •`.Lb t'( }:� M1r Discussion continued , after which l',ommissioner. Irwin offered an,,.;; i;s:.:, . apology for the applicant 'hay.ing tu.wait, througli, the entire imeetingc,-, and also for this .item not having.br_en ,noticed; previously. ;;rear;--:- atrl After some dialogue, City Attorney Adams responded to a request made { by the applicant for the Building Department,to review, the desgm•.ofri y' the pool by agreeing to ask the Building Inspector about; this,as:..he;61 was also unclear as far as the intent, of the Ordinance was; concerned.? Mr. Adams explained that occasionally problems occur, relative tol.,ther,., Building Code for 'which there are no definite answer,s,•either.l.and i ; ;.>>: reiterated his intention to further investigate this matter. j Responding to an inquiry made by the applicant. regarding, a 20nfo6ttn'r-•= easement at the rear of his side yard, City Manager Quinlan expla'i'nedi.` to hi.m that this easement is required in the Ordinance to protect residents. City Attorney Adams added that the Electrical;Code 41so r::r has provisions in this regard. l-V 7.1 no action It was suggested by Commissioner Irwin that more research be done ; taken ' in an attempt to stied more,l:ight oa the subject requirements and,, ,.he applicant concluded the discus'sion.by i_riforming the ,Commission w that his main intent in having a larger pool was for safety purposes. Unfinished Business } None indicated. " New Bus Ir_"ss None indicated. Reocrt of Pl.anni-n Commissioners 'it was reported by Commissioner Meyers that Mr. Avery had made attempts Co clean up his apartment area along Nary Avenue which had been covered with debris from the construction workers in the area, however, the debris acr.os5 the street still remains. Mr. Sisk. agreed to investigate this area. reports presented l;d�ort of Ylannin l)i-rector Y Planning Director Sisk reported that :it was his .intention to bring up r. discussion of rezoning of commercial developments at the next meeting for the Commissioners' review.. i • • .-. ..:: t{}l -�}'. � .�::',�< � ..,•f�?,'w't .nom �i �tJ?f,:�....�,1 ,; ::w.:. ,'. x -f. '1 ^1+..1.•. y¢s :a,7s y-n,.,r.c�yw.t aCL e."!.7ry t R i. 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