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PC 05-09-77 CITY OF CUPERTINO, STAIE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLA.1>INING CO!1MISSION HELD ON MAY 9, 1977, IN THE COUNCIL CHA'1BER, CITY lLo\LL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Koenitzer called the meeting to order at 7:34 PM, with the < Salute to the Flag, < ROLL CALL Comm. present: Adams, Blaine, Gatto, Markkula, Chairman ~oenitzer Comm. absent: None Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Director of Public Works Viskovich Assistant Planner Piasecki Deputy Þßsistant City Attorney Foster APPROVAL OF MINUTES Minutes of Regular Meeting of April 25, 1977 Page 4, paragraph 7 shall read: "Comm. Markkula cautioned that '<Ie must not compare the surface area required by a dual conventional drain field with the area required by a dual drain field with the more recently developed channel design." Page 4, paragraph 9, add: "in that about 1/3 of Regna,rt Canyon is already built with septic tanks." to the end of the sentence. Page 4, paragraph 10, add to the end of the paragraph: "provided it was of the newer design, similar to that used in Los Altos Hills." Page 5, first paragraph, line 6, change "add" to "amend" and on line 7 change "added" to "amended': On line 8, delete "deletes" and replace with I1referencesH.. Moved by Comm. Adams, seconded by Comm. Blain to approve the ~nutes of April 25, 1977 as amended. Motion carried, 5-0 PC-253 Page 1 April 25th Minutes approved PC-253 Page 2 10-Z-77 , 5-TM-77 , 8-U-77 po s t poned 6-TM-77 withdrawn MINUTES OF THE MAY 9, 1977, PLANNING COMMISSION MEETING POSTPONEMENTS Per the staff's recommendation, it was moved by Comm. Adams, seconded by Comm. Gatto to postpone applications 10-Z-77, 5-TM-77 and 8-U-77 of San Jose Building Design, Inc., to June 13,1977. Motion carried, 5-0 Per the staff's recommendation, it was moved by Comm. Gatto, seconded by Comm. Adams to acknowledge that application 6-TM-77 (Robert Nellis) has been withdrawn. Motion carried, 5-0 WRITT~~ COMMUNICATIONS ¡The Assistant Planning Director stated there was one letter received in ¡regard to an item on the agenda. It would be introduced at the time of 'that public hearing. Chairman Koenitzer said he was in receipt of a letter from residents of Rancho Deep Cliff asking that they be allowed TV reception. ORAL COMMUNICATIONS There were none. jNoting the length of the agenda, Chairman Koenitzer stated that no new ¡public hearings would be begun after 11:30 PM. If the agenda is not completed by that time, it would be continued to the following Wednesday ¡at 7:30 PM. , , ¡PUBLIC I 11. HEA.~INGS Application 6-U-77 of GATEWAY CONSTRUCTION COMPk'IT: USE PERMIT to allow erection of a 48-foot high receiving antenna in a Planned Development Zoning District. Said property is located easterly of and adjacent to Stevens Canyon Road approximately 200 feet southerly of the intersection of Piverside Drive and Stevens Canyon Road. First hearing continued. I IThe Assistant Planning Director stated this application was continued to allow the applicant the opportunity to explore some alternate solutions. The staff has determined that to provide off-site equipment would be financially prohibitive. MINUTES OF THE MAY 9, 1977 PLANNING COMMISSION MEETING PC-253 Page 3 The staff now recommends the structure be placed adj acent to the existing Darn in the center of the project. The tower would go from ~ height of 40 feet to 90 feet, but will be located at a much greater' distance from adjacent neighbors. Colored slides of the site were' shown on the screen. Mr. Jim McBride, Consultant, speaking for Gateway Construction Company, reviewed his May 1st letter detailing the results of a survey. He made 6 surveys over a 3-day period. The results at 60 feet were very poor at the property line by the golf course. They experienced ghosts at the club house. At the tennis court the TV reception was smeared. Due to the tremendous drop of elevation; the terrain drop being more tqan 90 feet¡ they feel they may be able to get good reception at 90 feet. Mr. McBride answered Comm. Blaine that ignition noise means interference from cars and from the P.G. & E. wires. He did not think too many people would see this 90 foot antenna because of its: proximity to the mature trees in the area. Mr. McBride answered Comm. Gatto that he arrived at 90' as optimum by interpolation, as the tests were done at 30 feet and 60 feet. He added that the maximum height requested is 90 feet, with the elements below this. Chairman Koenitzer asked for comments from the audience. Mr. Ray Roberts, Riverside Drive, said his home overlooks this development. He believes fully that the people living down there should have TV reception. He was in favor of the application as printed in the agenda and very much against the current proposa~ for a 90 foot tower so close to his home. Only 6 or 7 homes would be impacted by the oriRinal location, whereas 40 of the 61 homes in this development focus on the club house. He said 80 families will be impacted by the proposed 90 foot tower. The original location had a measured signal four times better than the one down at the club house. Mr. John Finnemore, Riverside Drive, said there are 11 homes along Riverside Drive abutting these homes. He said he was asked to summarize the views of these residents who had attended a few meetings in regard to this tower. They definitely prefer one tower to 61 individual antennas. They prefer a shorter tower in I the originaal location. Following his request, 14 people in the audience stood up, signifying they agreed with this position; i.e.j the shorter tower near the entrance to the development. I I PC-253 Page 4 MINUTES OF THE MAY 9, 1977 PLANNING COMMISSION MEETING ¡Mrs. Norma Bradlyn, Riverside Drive, said the neighbors have had to act I as "police" to make sure the developer of this project follows the rules , laid down by the City. She said they are not trustworthy. She is in favor of the tower at the entrance to this development. She said the trees are not 90 feet high. Mr. Al ~f1nor, 22414 Riverside Drive, said he is in concert with the feelings of the people at these meetings. He believes a 90 foot tower would be a monster. He would not consider 3 large trees to be a "grove", as was previously alluded to. It is misleading to say they have a grove of trees to screen the tower. On the basis of what he has seen, there are two significant difficulties in the two proposed loc~tions for the tower. tAt the barn there would be a predominance of ghosts. At the entrance there will be interference with ignition. He prefers the ignition to I the ghosts. Mrs. Judie Stepner, 22444 Riverside Drive said she would like to see a picture of the proposed tower so the residents in the area could see what the proposed tower would look like. She asked if this tower would have any significance on her TV reception. Mr. Parviz Namwar, 10885 Stevens Creek Road, asked Mr. McBride if he had heard about circularly polarized plane transmitting, a technique upon which the F.C.C. recently put their seal of approval. He said ghost is a function of reflected angle at a certain height at a certain period of I the day or a certain period of the year. He believes satisfactory ¡reception could be achieved at 60 feet. He was in favor of the antenna ibeing placed in the center of the development. Mr. Henry Severin, 22570 San Juan Road, said he lives across the street from the entrance to this development. He said the people on Riverside Drive have a second story on their home and an antenna on top of that. He said the Channel 44 people are working on circular polarized I transmission at the present time. ¡Mr. Warren Weintrab, 22384 Riverside Drive, said their homes are very high land look out over the roofs of this development. Trees could not I possibly screen the proposed tower. Mr. Charles S. Knox, 22415 Rancho Deep Cliff, presented some colored slides of the site. He said he is supervisor of this development. He said the base of the tower will be the most noticeable and will be concealed by the trees. Mr. Ray Roberts said he would like a comparison of the TV reception from the two proposed locations. IMr. McBride noted that at the previous hearing the Planning Commission , showed no interest in the necessity for receiving other than Bay Area TV channels. He has to work with what is on the market today. MINUTES OF THE MAY 9, 1977 PLANNING COMMISSION MEETING PC-253 Page 5 Mr. Jim Murray, 22355 Rancho Deep Cliff, said that being a new member of this community, he does not understand why they have had¡ so much trouble from the neighbors. He does not understand why , they cannot be allowed as good TV reception as the other neigh- I borhoods. Mr. Ralph S. Anderson, 22305 Rancho Deep Cliff, said he believes word "tower" has been thrown around loosely. From his home he can look at TV antennas 20 feet above the 2-story homes and they have guy wires holding them up. The residents here want one antenna to service 61 homes. He believes they are entitled to equal reception. « Since there were no further comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Adams to close the public hearing. Motion carried, 5-0 Comm. Adams quoted: "Beauty is in the eyes of the beholder." He said if the owner of one of those homes came in and wanted to put up an antenna he would be allowed to do so. The only reason'the Planning Commission is looking at this is because it is a Planned Development. He would like the Planning Commission to act upon the 90 foot tower at the club house. Chairman Koenitzer would like to add a condition that it be for Bay Area Channels; the Sacramento stations are not necessary. Ccmm. Blaine said the signals are the strongest at the entrance to the development. She would go with the location that gives the greater signal. Chairman Koenitzer said the Planning Commission meeting what the relation would be of the tower to the windows in the adjacent apartment house. reviewed again. asked at the last at the entrance The slides were Comm. Markkula said no decision lYill make everybody happy. His inclination would be to move the tower back to the entrance of the development because it seems to do the best job there. Moved by Comm. Blaine, seconded by Comm. Adams to reopen the public hearings. Motion carried, 5-0 PC-253 Page 6 MINUTES OF THE MJlY 9, 1977 PLANNING COMMISSION MEETING Mr. McBride wanted it clarified that if the antenna is moved back to the , entrance that he would get his original 70 feet because at 49 fe..t he is in troubl.. again, trying to g..t a quality picture for th.. residents. , The Planning Commission had not at this point made up its mind as to th.. h..ight to b.. allow..d. Mov..d by Comm. Markkula, seconded by Comm. Adams to clos.. the Public I Hear ing . Motion carried, 5-0 Comm. Blaine r..viewed the comparison of the signals from the two locations. : If the antenna at th.. entrance went to 50 fe..t it w~uld be at the same h..ight as that of th.. apartment complex n..xt door. It was brought out that the transmission lin..s going along sid.. the 'property would giv.. interfer..nce. 'Comm. Gatto said th.. compromise here is a slightly high..r ant..nna rather than 61 individual ant..nnas. He was in favor of th.. 50' antenna at ; th.. ..ntranc.. to th.. d..v..lopment. 'Comm. Markkula obs..rv..d that a 90 foot tow..r at th.. c!!Uter of th.. d..velop- m..nt is more visible to more people at the peripheral. Aesthetically, ,it is difficult for him to quantify the difference betwe..n 60 feet and 50 fe..t at the ..ntrance. 6-U-7,7 approved Moved by Comm. Blain.., s..conded by Comm. Gatto to r..commend to the City ¡Council approval of application 6-U-77 for a 49 foot tower at the entrance ,to th.. d..velopment with standard conditions 1 through 14, Exhibit B with ;a total h..ight of 49 fe..t, Exhibit C antennas, and that the TV r..ception ishall be for the Bay Area channels 2,4,5, 7,9,11,36 and 44. 'AYES: Comm. Adams, Blain.., Gatto, Chairman Koenitzer NOES: None ABSTAINED: Comm. Markkula Motion carried, 4-0-1 The applicant was told this application will be h..ard by the City Council on Wednesday, May 18, 1977. Chairman Koenitzer called a recess at 9:30 PM. The m..eting reconvened at 9:40 PM. MINUTES OF THE ~y 9, 1917, PLANNING COMMISSION MEETING 2. Application l-U-77 of VALLEY CHURCH: MODIFICATION OF USE PER}1IT to modify condition 15 to permit an existing trailer to remain on the Church site a period of three (3) years. Said property is located on the west side of Stelling Road, approximately 200 feet northerly of Interstate Route 280. First Hearing. The Assistant Planner reviewed the proposal as detailed in the May 4, 1977, staff report. He said the applicant is asking for use of a temporary trailer on the site for 3 years. The City Council has actively discouraged uses of trailers for long periods of time. The staff recommended it be all~wed for onþ year. Mr. Tim Paterson, Business Manager of Valley Christian Schools, said that if they receive anything less than 3 years they will have to leave the site. It has never been their intent to con- struct P.E. facilities on this site. They have other property upon which they plan to build. Comm. Adams pointed out that if this were approved for one year, then the applicant would have the opportunity to come to the City before June 30, 1978 and ask for another extension. Chairman Koenitzer cautioned that the 3 years they are now requesting might very well become 4 or 5 years. Comm. Blaine said 3 years is quite a long time for temporary use of a trailer. If they are given one year with the possibility of extension several times, then this would give the City better control. Since there were no comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Adams to close the public hearing. Motion carried, 5-0 PC-253 Page 7 , Moved by Comm. Adams, seconded by Comm. Blaine to approve the i l-U-77 modifica. amendment to l-U-77, Condition 15, to June 30, 1978. ~pproved AYES: Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer I NOES: None Motion carried, 5-0 The applicant was advised of his right of appeal in \;riting within the next 5 days to the City Council. PC-253 Page 8 MINUTES OF THE MAY 9, 1977 P~~NL~G COMMISSION MEETING 3. Application 6-Z-77 of THOMAS L. NAFE & GAIL A. NAEE: PREZONING approximately O.ll acre from County ML (Light Industrial) to City of Cupertino ML (Light Industrial) or whatever Zone may be deemed appropriate by the Planning Commission. Said property is located at the northwest quadrant of the intersection of Imperial Avenue and Granada Avenue. First Hearing. The Assistant Planning Director reviewed the proposal, noting the applicant is under pressure with the County in that under County jurisdiction a use permit is required but in the City it is not. "He said this use is in concert with the General Plan, although the site is in need of sprucing up. He further noted th~t at the May 23rd ¡Planning Commission meeting this area will be discussed in depth. ¡Chairman Koenitzer wondered if the industrial activities in this area ¡might be in conflict with the adjacent commercial. ¡Mr. Walter Ainsworth said he was representing Mr. Nafe and Mr. George Pimlot, who purchased the property five years ago. He had been assured that this was light industrial zoning. The County neglected to say anything about the use permit requirement. There are termite firms across the street. The objection to the use on this property came up because of the cars of employees of the termite firms being placed along the street, for which he has no authority. ¡Chairman Koenitzer said he drove by this location on the way to this ¡meeting and he noticed there were 4 or 5 cars parked in front of the ¡auto repair shop as well as a large, full trash bin. I Chairman Koenitzer asked for comments from the audience. MIS. Barbara Trubell, 10354 Imperial Avenue, Cupertino, said her home is at the southernmost end of Imperial Avenue. They have lived there for 11 years. She has been concerned for many years with the general appearance of this street. There has been considerable congestion since I Action Auto has been here. It is not unusual to find the sidewalk ¡blocked with cars, etc. She suggested that perhaps Action Auto has ¡outgrown their facilities, as have several businesses in the area. If this business is permitted to operate, she felt some restrictions should be placed on it. Moved by Comm. Blaine, seconded by Comm. Gatto to close the public hearing. The motion and second were withdrawn to allow further discussion. ¡comm. Gatto felt that acting upon this matter at this time is premature since the City is so close to acting upon the Stevens Creek Blvd. plan : line. MINUTES OF THE MAY 9, 1977 PLANNING COMMISSION MEETING The Assistant Planning Director stated that the County wants to pursue their action regarding the use permit requirement. The Assistant City Attorney asked if the applicant would object to a lengthy continuance -- for 2 or 3 months. Mr. Ainsworth did not believe the applicant would obj ect. Moved by Comm. Gatto, seconded by Comm. Markkula to continue application 6-Z-77 to August 8, 1977. Motion carr,ied, 5-0 < < i 4. Application 9-Z-77 of LI CHI HSU (PAT SWIFT): PREZONING II approximately 0.75 acres from County R2 (Duplex, Residential) to City of Cupertino Rl-7.5 (Residential, single-family, 7,501 sq. ft. per dwelling unit) or whatever zone may be deemed ' appropriate by the Planning Commission. Said property is located adjacent to and easterly of Merriman Road approxi- mately 200 feet south of Alcalde Road and Merriman Road. First Hearing. The Assistant Planning Director identified the property on the, picture displayed on the screen. The General Plan discussions indicated this area should be single-family except for the existing duplexes. The applicant had no comment to make at this time. Mr. George P. Davis, 10620 Merriman Road, said he lives 2 doors down from this open lot. He wondered if the property owner would survive with 3 rather than 4 homes here. He was in favor of larger yards so the children would have some place to play, and the dogs would have some place to run. He would like the people to have enough land so they could have a vegetable garden. He i said 4 units instead of 3 would mean 25% less demands on the ¡;ater, sewers, PG & E, etc. He contends the area can't support more than; are already living there. i Realtor R. H. Livinggood, 10171 Vicksburg Drive, said those will not be rentals; they will be $100,000 homes that ¡rlll be lived in by their owners. Sincec there were no further comments from the audience, it moved by Comm. Adams, seconded by Comm. Blaine to close the hearings. was I public I I Motion carried, 5-0 PC-253 Page 9 6-Z-77 continued PC-253 Page 10 9-Z-77 approved MINUTES OF THE MAY 9, 1977 PLANNING COMMISSION MEETING The Assistant Planning Director said these lots were approved and recorded in the County in 1964. Comm. Gatto said the Planning Commission went through this entire exercise twice during General Plan discussions. It was decided the undeveloped duplex lots would be dealt with as single-family lots. Moved by Comm. Gatto, seconded by Comm. Adams to approve application 9-Z-77. AYES: NOES: Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None ( Motion carried, 5-0 This will go to the City Council on June 6, 1977. 5. Applications 10-Z-77, 5-TM-77 and 8-U-77 were continued to June 13, 1977. 6. Application 6-TM-77 was taken off calendar. 7. Application 7-TM-77 of MEASUREX CORPORATION: TENTATIVE ~AP to combine two parcels with abandoned portion of Results Way to create one parcel. Said property is located at northwest corner of the intersection of Buób Road and McClellan Road. First Hearing. The Assistant Planning Director reviewed the proposal as detailed in the May 5, 1977 staff report. The staff recommended a condition be attached requiring the building of a road across the railroad tracks and on to Bubb Road. This will give the City an alternative access road from Imperial Road. Comm. Markkula called attention to the excessive traffic on Bubb Road from Measurex Corporation and wondered if access to Imperial Avenue would reliéve this congestion somewhat. The Assistant Planning Director said it would be possible for cars to go south to Bubb Road or north to Imperial Avenue. Mr. T. F. Griffin, of G. S. Nolte & Associates, answered Comm. Blaine that he could foresee problems with proposed extension to Olive. MINUTES OF THE ~~y 9, 1977 PLANNING COMMISSION MEETING PC-253 Page 11 Maasurex Facilities Manager Art Osaka, 1 Results Ha?, Cupertino, said they have never addressed this problem. At the present time, they would just like to see what the City's plans are for this area and then they will see if they can incorporate their plans into the City's plans. In regard to Measurex's holdings on Imperial Avenue, Mr. Osaka I said he was not prepared to discuss that at this time. I Mr. John Sobrato, Sobrato-Berg Corporation, 2775 Middlefield Road ,I Palo Alto, sa.id this is. the first time he has heard any plans for i the proposed extension to Olive affecting,his properçy. This WOUI~ cut through Tymshare Corporation, a worldwide operation. It would I cost the City several million dollars to purchase this. I , ex- I ! I I , The Assistant Planning Director stated the whole idea of this tension came up at a Monta Vista Homeowners Assoc. meeting. Moved by Comm. Adams, seconded by Comm. Markkula to close the public hearing. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Markkula to recommend to I the City Council approval of application 7-T¥-77, subject to the 'I 14 standard conditions; condition 15. That the approval is based on Exhibit A of application 7-TM-77 as may be modified by addition1 al conditions contained herein, and condition 16. That the appli- cant sha.ll make an irrevocable offer of dedication for a 60-foot strip along the northerly property line to accommodate the possible extension of Olive Avenue to Bubb Road. Said offer shall be made prior to the recordation of the final map. This offer I for dedication would be voided if the plan line did not reauire it., AYES: NOES: Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None Motion carried, 5-0 It was noted this will go to the City Council on May 18, 1977. Comm. Gatto commented that the City has been waiting six years for something to happen to that triangular piece of property at Bubb and McClellan. It was pointed out this property belongs to the I Santa Clara County Water District and they have not finalized plans¡ for use of this property. I I I PC-253 Page 12 MI~ruTES OF THE MAY 9, 1977, PLANNING COMMISSION MEETING Is. I Application 9-U-77 of STARCREST INVESTORS, INC.: USE PE&~IT to allow development of 11,625 sq. ft. of commercial and recreational/entertainment space in a planned development zone. Said property is located at the southeast corner of the inter- section of Homestead Road and Stelling Road. First Hearing. The Assistant Planner reviewed the proposal and pointed out the 43 parking spaces.' The staff feels the Hreontrol should evaluate the walkway between the buildings. There is reciprocal parking in the entire center. ì 1!1r. Timothy J. Murphy, 675 West First Street, San Jore, said he was ¡representing Starcrest Investors. He sara the reason the wal~'ay is I'between the two buildings is because during the H-Control review of the Brunswick development it was required that they have a 10-foot I trim around the building. As much as possible, he said they do ¡require the employee parking to be in the rear. However, at night ¡they would not want to require the employees to park there. Icomm. Gatto asked what is actually going to be constructed at this [time. Mr. Murphy said the center building, the entire landscaping and the lighting of the site has been completed. Building A would be incomplete; and buildings Band C would be complete at this time. They have no specific tenants signed up at the present time. IMr. Murphy answered Comm. Adams that they would not object to ¡abutting the Brunswick building, but this would require the consent of the Brunswick people, too. Comm. Blaine believes the parking at the rear of the building should be for those who work in the buildings which have access to this parking area. She was concerned about the safety of people who would park in this isolated area. Since there were no comments from the audience, it was moved by Comm. Adams, seconded by Comm. Blaine to close the ~ublic hearing. Motion carried, 5-0 Comm. Blaine said she believes there should not be a requirement for employees to park in that rear parking lot unless they could get into one of the buildings from the rear. 9-U-77 approved Moved by Comm. Adams, seconded by Comm. Markk~la to approve application 9-U-77 with the standard 14 conditions, and conditions 15, 16 and 17 in the May 5th staff report. AYES: Comm. Adams, Blaine, Gatto, ~arkkula, Chairman Koenitzer NOES: None Motion carried, 5-0 MINUTES OF THE MAY 9, 1977, PLANNING COMMISS ION MEETIè¡G MINUTE ORDER: Addressed to the H-Control; the alleyway between these buildings should be closed off, in the opinion of the Planning Commission. Motion carried, 5-0 9. Application 16-U-74 of SOBRATO-BERG PROPERtIES: MODIFICATION OF USE PERMIT to allow an increase of floor space of a proposed building from 40,000 to 60,000 sq. ft. Said pro- perty is located in the southwest quadrant of North De Anza Blvd. and Freeway Route 280. First ~earing. The Assistant Planner reviewed details of the May 6, 1977 staff report. Noting the late hour, at this point Chairman Koenitzer announced that agenda items 11 & 12 should be continued to 7:30 PM, Wednesday, }~y 11, 1977. So moved by Comm. Gatto, seconded by Comm. Blaine. Motion carried, 5-0 The Assistant Planner stated Sobrato-Berg are negotiating for trip ends. The Traffic Engineer has reviewed the driveway coming out onto Bandley Avenue. After study, he has determined it is not the safety problem he first thought it might be. Mr. John Sobrato, Sobrato-Berg, wanted to clarify some points. He said he delivered a memo from "'.r. Mariani, who owns eleven acres 400 feet to the south, a portion of \~ich he is selling for residential purposes. There are 28 trip ends left over, which "'.r. Sobrato is purchasing. Mr. Sobrato answered Chairman Koenitzer that Tyrnshare pres~~tly has some employee parking out in front. They will put some parking along the front in a depressed parking lot with some mounding. He also believes that a two-story building, set back somewhat further from the street, will relieve the monotony along the street. Since there were no comments from the audience, it was moved by Comm. Adams, seconded by Co~. Blaine, to close the public hearing. Motion carried, 5-0 PC-253 Page 13 Minute Order to H-Control Items 11 & 12 continued to 5/11/77 PC-253 Page 14 MINUTES OF THE MAY 9, 1977, PLANNnTG COMMISSIO~ HEETING l6-U-74 mod. approved Moved by Comm. Gatto, seconded by Comm. Blaine, to approve application 16-U-74 modification subject to the 14 standard conditions and conditions 15 through 19 in the May 6, 1977 staff report. AYES: NOES: Comm. Adams, Blaine, Gatto, lfurkkula, Chairman Koenitzer None Motion carried, 5-0 This will go to the City Council May 18, 1977. , 10. Application ll-U-7ï of SOBRATO-BERG PROPERTIES:' USE PER!lIT to allow construction of approximately 234,000 sq. ft. of light industrial building space in a Planned Development zone. Said property is located in the southeast quadrant of ~~riani Avenue and North De Anza 31vd. First Hearing. The Assistant Planning Director said that first thing the morning of this meeting, the staff decided to contact BASS Homes to make sure the people with deposit receipts were notified of this public hearing. He said the application at this meeting is an extension of an earlier application for development of the property south of Mariani Avenue. There are 12 homes that will back onto this development. He noted that I the overall intensity of the development is controlled by the traffic I constraint. This proposal is to go to a three story building in the i northwest corner of this property, at De Þ.nza Blvd. and Mariani Avenue. !He also pointed out the changed in this more definitive plan from the earlier, conceptual plan. From a noise attenuation point of view, the Assistant Planning Director said it is,better to have the main traffic aisle in close proximity to the common boundary line with the residential, according to the Pack Report. Comm. Gatto asked if any of those BASS homes are two-story. The Assistant Planning Director said he will have to check on this. The only way to protect the second story from noise generated at this site would be to build a 20-foot high wall. He said the Pack Report pointed out that the finish grade could have an effect on the noise attenuation in the area. Chairman Koenitzer would like an additional conditions requiring the overall building height from existing grade to not exceed 40 feet. I ¡The I , average height of the perimeter wall is 9 feet. MINUTES OF THE MAY 9. 1977 PLANNING COMMISSION MEETING PC-253 Page 15 In answer to Comm. Gatto's question regarding the phased develop- ment, the Director of Public Works said the De Anza Assessment District will be developed.. Mariani Avenue will be completed as Lazaneo Drive goes through. During construction, there is the possibility of diverting traffic through the parking lot tem- porarily. Mr. John Sobrato said the height limitation is something he just learned about. He really needs 45 feet for 3 stories. The other buildings are 18 feet. He called attention to the ~act that his present plan saveS every tree on the property. Mr. Sobrato said this is a prominent corner and it is his conten- tion that this will be an impressive building and a credit to the City. It will be set far enough back that you won't be able to tell if it is 40 or 45 feet high. The name of the company is SYVA!~; a joint venture by Syntex and Varian. Mr. Sobrato feet high. The parking said the roof line on This was built at the lot is depressed. the 4 Phase buildings are 35 same grade as De Acza Blvd. Comm. Gatto would like to see the trees go in as soon as possible. Mr. Sobrato said he hopes to be able to put in all the trees in the 4 Phase development. He is exploring the possibility of purchasing water and trucking it in to water these trees. Mr. Sobrato noted there will be 1.5 acres of park here. Comm. Gatto suggested Mr. Sobrato offer to donate a tree to each of the BASS homes along this property line and have to put fewer on his property. Chairman Koenitzer asked for comments from the audience. Mr. Gilbert Meyer, representing BASS Homes, asked if there will be a parking area below grade. He was told there would be. He asked why the driveway was located so close to the BASS Homes. !ir. Sobrato said the Pack Report recommended this because there would be less noise. Mr. Jim Holt, 10510 Larry \'ay. at the corner of Mariani Avenue, asked what controls the City has to make sure there will be ade- quate filters on the vents to make sure nothing is released into the air that we don't want in the air. The Assistant Planning Director said the City relies on the County for this control. There is a very careful control of liquid waste. He ,.ill research the control of air quality. PC-253 Page 16 MINUTES OF THE ~lAY 9, 1977 PLJU~ING COMMISSION MEETING Mr. Holt said he is concerned about che noise and pollution from the ,large trucks that will be going over the wall becween this development II and the school. He is also concerned about the building being, around the root zones of the eucalyptus trees. Further, he said, t¡,e J)eard about chis meeting by word of mouth. A project of this magnitude will have impact upon most of the residences within at least 300 feet. Comm. Blaine said she is in favor of putting public notices on telephone poles. Another suggestion was to put a couple of notices in the Cupertino Scene. Mrs. Gail Post, 354-3835, said she purchased a home in the BAS develop- ment on Virginia Swan Place. She believes there is 1nadequace notice to nearby residents. She is concerned about the eucalyptus Crees and the three-story building. She wondered if it could be depressed somewhat. Mr. Ed Preston, future home owner in the BASS development, said Che road that is going through the donut shop will be a very important street. He hadn't realized this. He was told the entire industrial park will noc have any access to the east. He asked who is responsible for the maintenance of the fence that has been put up. The Assistant Planning Director said the developer is responsible for one year, and the property I owner after that. ¡Mr. Bill Post said he is concerned about the traffic and the control and ! security of the traffic after hours. The Assistant Planning Director ! said the City has an ordinance against trucks making deliveries aC ¡ night. , Comm. Blaine asked Mr. Sobrato about the truck traffic at the loading area in regard to noise and exhaust. Mr. Sobrato said they chose that area because it will impact the least number of people. Ic is located across the street from the school parking lot. The dock will be 4 feet below grade. The trucks will come in and go out along Mariani Avenue. Chairman Koenitzer said that at Vallco Park the City required che building be set back 4 times its height. This three-story building will be set back ten times as far. Mr. Sobrato said violators of air quality control are not in his buildings. Moved by Comm. Adams, seconded by Comm. Blaine to close the public hearing. Motion carried, 5-0 MINUTES OF THE MAY 9, 1977 PLANNING COMMISSION MEETING Moved by Comm. Adams, seconded by Corom. Blaine, to recommend to th City Council approval of application ll-U-77, subject to the 14 standard conditions, condition 15 in the staff report, condition 16 as presented by the staff at this meeting, conditions 17 throug 23 in the staff report, and: 24. Appropriate Bay Area Quality Control Board, Occupational Safety and Health Act, and Health Department standards shall be applied to insure that a proposed medical supply drug manufacturer will not emit hazardous material into the atmosphere. 25. The height of the three-story building shall be limited to 45 feet. AYES: NOES: Comm. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer None Motion carried, 5-0 The applicant was told this will come before the City Council on May 18, 1977. ADJOURNMENT Chairman Koenitzer adjourned this meeting at 12:45 AM to 7:30 PM, Wednesday, May 11, 1977. APPROVED: ATTEST: PC-253 Page 17 n"'"U-77 approved