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PC 03-22-65 • � �C'�� `� `�' �v,O�Ua� C 1'i'�Z 0F ��: P�EF.T:LN�. �� Cai:�fe�::�'a �..._ _._ MINUTES OF THE REGUI,AR I�IZFTING OF THE � I,AiJNING C UNINiISSION M.1�.1�CH 22, I�;�S, 8:OrJ PoMo I SA LUTE T 0 TH� PLA.G II ROLL CALL r�zr.ttr2 Ot� THE PR�;VIOUS P�i�F�' : F�bru��.ry 23 and Ma.r. ch 8, 1965. Ccmmissioners present : Fralich, I-Iir�hon, John�on, Small, � Traeume Cta.�tes ` Commissi�n�rs absent: None � Staff pr�sent : Dl.rector c��' �ub:l.�.c Wos�ks., �'-rax�k Finrley � Cit�� & Tra�'�':I.c Pldnnex�, Adc.� 'Laurin Assistant D3_r. ec�i;ox� ot' Public Wo.rks, Bub Shook Recordir� �ecretar,y, Lois Inwal°d,� The Ci�ty Pl.anner asked tl��,t rev�.ew of th� Minutes of Fe:�ruary 23rd ti�e def�rred until d�.sctzsuion of I�i:e:n VI A. � Corrections to the Minutes c.t� Ma.rch 8�t1: Comr�. r�rolich had L follo��ring corr�ctlons : Page 2, i�tem 6v He wa.ni,ed it in the record tha.t this 1et�ter har� n��L been w�^�.t�ten. Pa�e 19, �th p�,ra�raph from t:he bottom, Comm. Frolich asked what the Cit� Att;or.r_ey ps an�wer was herz. The Citv Attorney said storage of �ipes, e�tc., �.s an M-1 use; storage �� car��on.s and buil.�ir� ma, �exials i� per- mit�ed �n a C-•�! u�e � Chairma.n Gates said tria�c oYi page 2, la�t itPm PJo. �, the vr�rd "direc�" shoulc� ha��e been "directed." � He also said that on page 3 the third paragraph from tl� bottom s'r.ou�d have 'been cm.;.i; te� o � � On pa�e 15, paragraph 5, Chai.rm,�n Gates clarified �;h� '� s�ntence rega.rdi�.g sinkin�; the water tan�r. Rather than �` ` saying: "Cha�.rm;in Ga��es a.skc:d., � o.,��i,'_ti1.no th�s t�rater tan� 6 feet b� low 1°ound " it sh�uld have rEad ��Ch ir ^ n � , a mG, Gates asked o... o ob,�ections to �I.nking thi.s water tank �� so the top is 6 fee� �,bove ttle �.rou:�.d �" -1-• Page l�, la�t ��..rag;ra;s�k��, s;�oulu r�;ad, "G�.al.rman ��a.t�s a�ked �he C�.�ty i'l�.n�z�r w�.at �i.nd ot' geret��.l or s��2,;ific plan �ae can ha�r� .,. o M�� ry A�,renu� ?� "�` ., `,,..,�..�° Th� Cit;� ALtorney in regard tu Coinm., Frol:i_ch t a cori�ection , to the Minutes on �ag� �, regarling the lct��r to tre �C, said he rece�.ved word of tlzis on Pebr. ua.ry ; oth, when he received his cep,y of the Ni3.r��tes. Fi� w�.� uriable, personally, to attend that meeting, Moved by Commo Johnsor.., sec�ondc:d b; Comm. Trdeurner, that the Min�utes of March 8th be approved as correcteda Mc;tion ca.rrled, 5-0 III ANNOUNCEMENTS OF POSTPCLuFMEN'I'� , E'1'C � Chai.rma,n Gates an.�o�un.ced that appl�.cdt�on 2-TM-65, li0N RYAN, I�;em VII A on th�.s �.�enda, has been postpored tzntil A�ri7. 12, Mr. Ryan telephoned C�.ty H�.11 late .tc>day, s�.T,r�.n� that his presentati.on ia not complete; hence, the req;.zest for the postponem�nt. IV WRITTEN COMMUNICA'TIONS 21-Z-6�+ A. CITY COUNCIL has sen� the ai}plicat�on of ANGEL DIAZ for rezoning to C-1-H at Stevens Cree?� Blvd. back to the Ci�:y Staff for a report o The City Planner auked to be allowEd to make a vErual rather than written r�p�rt, �t the l.ast Council meet�.ng ��rhen applica- tion 21-Z-64 was �to ha,ve the Secon� Readin.o of tr�e Ordinar.ce, �.t was brou�ht to light th�,t thi.:, pronerty is already up for sale and it was felt this was a brezch af faith, as the applicant had displayeci a render�.n� oi' a proposed building. The City Planner said., however, that a r•ezonir�� i s not legally tied to what i.s cJisnlayed at the m�eti�ngs. Cluster zones 9 Va.rianccas, and Use Permits a:��e differ�nt; there a Developm�nt Pi�,n can be made a co:��litiono The Cii;y Plar�r�er recom.��nended .the rezonang be granted because he felt cemmercial use was better than a�artments. A uni- fied plan incl�udin.� ne�ghboring lots vr�uld have been more desirable, but was no� propo�ed as a r.equ3..retrento It had been pointed out to the apnlicant �h�,� a similar rezoning_o� ;' ad,�acent property woula eliminate �he requir. ement for sids,-; `� yards . +"�^ ,. _�_ i ..v.s '1s.� Chair°r.�an G3teg uaid ��:��e c;:�i,; Cr_,urac��.?_ ;�T1r�u�e3 �hould have z ,� read "There a:re �omc Plann:l_r!� Cocnra:�.,��ion�rs 4v�°�� feel it should not t�e: r�ezoned �1i:cem.eal." ratt�er tha,n ��he a11..3.nclu- �Ive ��::;�,'tE�nc�?��to �?� fee,..;, that soo:�tr or �ater, t�z� Plar�ning C.OTC1Ti1�i3�011 �'::�.�..� ;l`a�TC'. '"Li� T'�2-C�: �1'l.i_^; �:i i=obl �.`Tl"; r'�.�3C3.-Grl B o Santa C lara � Cou.n.ty Board of Supe ��re having a meeting Tuesc�.�.y, M�.rc}�� 23rd, at 9:30 A�M, , to review the County Sign C�,c��.nanc�: o They Y ir.�r3_t�,d the Cupertino . ,City Council, Planniri�; Coinmi �;��.on ar��1 City Staff. The City � Planner said he ha,s r�corcmerlded the Clzicf Bui�ding Inspec- tor represent tY�e Ci�t�,r Staff since this i� m.�.�.nly his responsib3.i�i �:y, � Noting that this was g:30 A eMP, Chairrr.ian Gates asked if any of the Commissipn�rs could go� � Nor..e o�'fered. V VERBAL COMMUNIC.AT.IONS . 71;075 A, The City Planner said Mr, Walter Ward, of Vallco Yark, would subm�.� a problem to the Planninb� Commission. Mr . Ward sa id that Va llc o Park has PC -H zoning , but the PA-P�-I � portion has been omitted in the Planned CommL;nity Ord. 002(0); M1-PH has been i.ncludede He realizes thls can be rectified with Variances, but feels we need it spel.led out in tY:e Ordi- -- na.nce in order to more readi�y �ntice proapective tenants in Vallco Park, to allow necessary h.�ight for pla.nned Varian build- ings�, and to ma.ke it possible to ir.corporate ad�acent land also zoned PC-H �.n a unif3.ed sch.eme. Specificall.y, he requested � Ordinance 002(0) �e amended to includo 1'A-PH Mr, Wa�d said that Ordinance 002 (p) amends �Section �.2 of . � Ordinance 002(h), which regulates M1-PH, and does not rElate to Sec. 2,2,� ��hi.ch r��ulates P�,-PH. I��ight limitation should be � uniform throughout the Industria� 1'ark, whether the use is . M1-PH or PA-PH Chairman Gates requested the City P�ariner make a written repor�; on these findings for the Com:�nissioners to study, Moved by Comm, Fralich seconded by Car,�m. Hlr�hon, to se�t up the. above to go throu�h norma,l, pr. ocedL:re : Pubiic Hearings, etc. � : Motion carried , 5-0 , , B. Chairman Gates brought a clipp�.ng from the SF Chronicle, � Mar, 15 1965 with a picture `pf fire engines trying to , negotiate a curve and demonstrate how �hey would fight a � fire, should one occur in one of the residences fronting _ a`-a : on� a 19 street, The. City P].anner requeste3 permission to file th3.s at City Ha�l for �future reference. _ � .: —3 _ V � 1LL�r91L11Vl.d.J SCHE�DULt�D �o 50,000.2 A. GRADING, �XC�I�TATZON AT�+D RETAINING WALL ORDINANCES 1 � (2i4A-1�GA) . Second H:.�aring contin..;�ed, '�` The new Dl.rector c�f Public Works, M�� o Frank Fi.nney, was �� introduced by Cha:irr.�an Gates � Dira Fl.nney su�gest�d �utting this over �to the end of the agenda since he has anly '�eEn with th.e C:Lty for one week, and also to ernedite the otr.�r items on th� agenda. He learned that sever�,l �eople in the audience were interested in these Ord�_nances so it w�.s deci�.ed �hey would go ahead w�th the Hearin� at this time. The Director of P�zblic Wcr•ks ex_plain�d that Figw.�e 4, attached to Ordinan.c� 21�+A, 3.s an al��:�rnate to masorsy retain�.ng walls � Iic; said ttzl.s would �ive �the Staff some flexibility. • The City Attorney, refErring to the March 22nd PRGPOSED � CHANGES TO DRAFT OF OR.DINANCE 21�E-A, I�tem 5, advised t;he following be deleted: ", o o.in the event the Director is not a civil engineer....�� Chairman Gates asYed fori cdmments from the audience. Mr, Herbert Regnart, Jr. , 2200� Regnart Road, C�xper�tirlo, asked if the City had recei�Tec3 his letter of March 17th. Chairma,n Gates read his letter alou3. �ie protested "Timber Retai?.zing Wall - Figure #3" of proposed Ordinance 21�+-A, say�.ng tho�e timb�r sizes are greatly in excess from an engin�ering standpoint and they are not available on the open market, thus caus3.ng delays an.d inflated prices. He suggested smaller posts and proper spacing and depth will accomplish the same purpose- with lumb�r that :Ls norma,lly stocked in retail yards. The Director of Publ�.� tia�rks ��.id the specif ica'cions must be so defined so the am�,tuer c;�n build a»etain �ng wall which mL�st rEta�n earth satisfac;torily to pr�ott;� t u.phj.11 and downhii :. locations for the life o� the structure . If a certified enginee.r will state in writing that a retaining wall will do this, it will be accep�ed. �'► _ The C3ty Avtorney asked whether it vJas tne intent of the �"� '' Planning Commission to have an ap�eal clause here, in cas ' �'°��"�� there should be a disa�reement w:�th the Directo» of Publi�: `�'`� Wo:�lcs � Section 19 might be reviewed wi.th an appeal proce � dure in mind . _ �. _ �. • • , � � Pla.r.u:�in.� Cominis�ioner Johnson saici he is we� kin� on an appeal procEdureP Moved by Commo F�yol�cr, seconded by Ccrr�.1. Tr.acur�e�°, to continu� tr�is �eco:�d H�a.ring until �the next regular ---- -- ° meeting, A�.rii ?2th, to enable the new D3.rector of Public Works to further study �i,he Ordinance . Motion c�rried, 5-0 Moved by Comm. Frol:i��, se�.onded by Comme Traeumer, to approve th� Minut��s of Fet�:°��ry 23, 1.9�5. Noti.on carried, 5-0 1-U- B. TOMA TAKEYUKI (Ca�if � u1a��:er S�rvice Co. ): Applica�ion for a Use Permi� for a Water h�l�y and appurtenar..t Publ�.c Utilities; N end of Portal Aveo SeconQ Hearingo Chairma.n Gates recapped the First i�earing. Mr. A, . L. Stolp, District Manager of Californ.ia Water Service Company, 365 B Street, San Mateo, and Mr, H�.r.ry Kerr, the architect, were preNent for the applicanta _ Mr. Kerr displayed some drawings showing the planned land- scaping. Mrq Stolp said t�ey had reviewed the noise, safety and landscaping factors very seriously. Ox� March 13th, tlzey me'c neighboring residents in the Portal Avenue h.ome of Mr. Elmer Anderson and he belie�res he answered satisfactoril�r the ob jections which rrrere raised. He said they have desi�ned a concrete storage tank 21' square, 9� underground an.d 5' above the ground. This will increase the overall cost roughly $5000,� aboui, lOf of the total cost. It will have a su�amer�� d pump, so ther�e will be no noise . The booster purr.p is al„o subme n�ed. La.ndscaping has been planned by the landscape arcnitect, but t'r_ey would also like to work with the City Staff or_ this. 'T`he residents have asked for evergreeri tx��es and asked if the perim.eter plant- ings can be dcne a'c this ti:r_i� rather tha,n wait until 1g66 when actual construction will bE�3_:n. Ca_lif, bdater Co. is in agreemunt �*ith this, but wis�l to wait w�ith the interior planting until the time of construction because it would hamper and/or be dest"rofed �y �ai.d construction. Mr. Stolp said the farther he got i.nto the partially under- ''` � ground tank, the better he liked it. He complimented Cha.irr_ia,n Gates on this suggestione °-�----�"-- _5 _ P�egar°�ir�g ground c�ve��, yt r�aas euta��3.:�l�.ea ,vl:erF would b� no gra �s, but tra�t arF:a will be s�rayed wit:� we�_•c1 kil]_e.r period�.call�ro � � � • � � � �� . � . .. 8�� .. . Mr. Anders.on said that nis o�a��ci�ior_s ha�ve been met. He said he w3:� speaki.n� only for h�.mse 1P, howe�ver . Mr. Art Meyers, 19751 Drake Drive, said that his lot ia that which would look from his windows directl�T onto the driveway of the facility; hence, no screening has been planned for that area. He asked if this could be rectified. Mr. Stolp said he is perfectly will:�n� to worl� with the reuidents on this. The City Planrier rais�d the question of whether or not this should come before tr.e H-Control. � Gomm. Hirshon asked when construction will begin. He was told it would be t�i �_G6b Comm. Frolich asked lf the staff had given any thought to this particular well having any �ffect on th� City's wells. Mr. Ward, of Vallco Park, said he is having an engineerin� study made regarding their water supplyo This report should be completed within one monthe He said Vallco now has four wells, one uphill and three downhill from this, and they will obviously be affected by this well. Comm. Small asked if this storage tank will be covered. He was told it will have a concrete top. The City Attorney advised that possib].y an extension of the expiration_date of this� Use Permit should be conditioned in the 'motion, if it is approved, since construction won't � begin until 1g66. Moved by Comm. Frolich, seconded by Comm. Traeumzr, to have application 1-U-65 postponed for one month, in view of Vallco Park's �ending engineerin.g report on thE water supply and water flow. Since tizis ia not being built .for a year, this should not impose a hardsrip on the applicant. Mr.'Sto1p ab,�ected, saying that the load in this area has been developed here to the point wr.ere they must ma,ke some decisions now. Their enginee tell them they can get through this summer, but they mus m.ake real estate commi�- - ments, fina.ncial plans, etc., well in advance of construc��,o� ' '� time. He was not sure of the date of o tion on this � � P property, ; ;; � �� b u t f A l t i t w a s s o o n. M r. S t o l p s� a i d t h i s app l ica t ion is� 4�- i` a Use Permit. It would be up to the cou�»ts to decide �;he �� matter of the water .supply between Vallco Park and Calif. Water Company. -6- �.__- - Moved by Comm. Hlrshon, seconderl by Comr.m., �rraall, to c lose the Pub lic �i�arings . Motion c=;rried, 5-� (Corzm. Frolich d�, sentin�. ) Moved by Comm. Frolich, seconcied �y Co,�1m. Traeumer, to postpone application 1-U-65 fa 30 days . AYES: Comm. Frolich, Traeumer � NOES: Comme Hirshon, Johnson, Small, Gates Motion failed, 2�i:. Moved by Comm. Hirshon, seconded by Comm. Traeumer, to have this matter continued until the next regularly- scheduled Planning Corrimission rnc:eting, giving the appli- cant time to check the date on r.�.is option and giving people in the audience time to evaluate their findings. AYES : Comm. Frolich, Hirshon, Jc�hnson, Traeumer NOES: Comm. Small, Gates Motion carried, �-�'' Comm. Frolich requested a staff r�±port on this regarding -_ the effect on the City�s water su��ly. The City Attorney's opinion is also requeste�.. Chairman Gates requested attention �ae given to the perimeter screening by lot 222 for t tie duration of the Use PErmit, if granted. 5-V- C. Mr. & Mrs. Elms : Application for � Variance to move a fence to the property line; 2c)£i��J Pepper Tree Lane . First Hearing. Chairman Gates reviewed pertinent pcint:3 in the Variance Ordinance . Mr. Elms submitted a drawing of his prop�sed plans. He feels a hardship is involvecl here in tha��: existing land- scaping would have to be altered if the �ool were to be moved c loser to the house. Mr.. Elms said the proposal indicated that the fence would be 7 feet a�ove the sidewalk; the sidewalk being about 1 foot below the a ground level at this point. Mr, Elms described the ir- �s, regular intersection in front of his corner lot and felt that vision would not be materially impaired by this fence . � .+.�_..Y-_-__',. - � _ Comm. Hi.rshon sur,g�ste�. some revi.sion of th� p:�.ans in order to keep with��n. the settac�:.. Mr. �1.r�ls saia he could. put in a doughboy �ool and there w�uld �;e no prn'�lem here,,.� ;�" Y , s but that is not wat r.e wants. He felt this was a unique � situation aecaus� of the:curve in the street. Mrs. Elms said they plan tc landscape outsj_de the fence so the charac- ter of the ne ighborhood would no�t Le impa 1.r�� d. Mo��ed by Comm� �raeumer �ECOnded by Comm. Johnson, to c lose The Pub lic Hearir.gs , Mot3.on carrled, 6-0 The Assistant Director of Public Works r�viewed the criteria of the Ordinance here . Comm. Johnson noted that the actua.l structure was within the setback line, as well as the fer�ce height variance. He asked the City Attorney whether a swimming pool would be considered a' The City Attorney said he had no precedent here. The Director of Public Works stated that the safety measure for the next-door. driveway should be considered here. Following is a memo from the Chief Building Inspector. - The City Planner said he concur. red with it. ��I .made a visua,l inspect�.on on 3-16 at 208�+0 Pepper Tree La,ne in regard to Mr. and Mrs. Elms' variance request to move their 6 fto rear and side yard ferice one foot from the City side walk on Bonny Driv�e. "After reviewing this application, I f ind that if this variance is granted, (1) it would cause an obstruction to traffic; (2) the first houae immed:iately to the rear on Bonny Drive would be complet�ly hidden; (3) in this parti- cular beautiful area, a fence at this location would destroy the aesthetic value of the neighborhood; (�F) this would start a precedent; (5) this request also includes a variance to construct a structure (�wimmin� pooi) to be placed with3n the setback line. ��In view of the above and after review of the rear yard, I feel that there is no ha.rdship in this case and tha,t a swimming pool could be constructed within the boundaries of the�-present yard. I recommend that this application 5-V=6� �'�`�, r be denied. " � �- . � : � . _$` . -..,.- ,�- Moved by Comrn.o TraeumAr, seconded by Comm. Jc�hnson, that applica'cion 5-V- be denied, and inco:c°porate the Chief Build�t.ng Inspector's rtismo of 3%17/65 into the reason for the denial. He f'e1t th�re was no re�.l hardship here. -- AYES : Comm s��olich, Hirshon, Johnson, Small, Traeumer, Gates NOES : None Motion carried, 6-0 6-V-65 D. D. Jo MC KEEMAN: Application for a Variance to allow two 5 side yards where a total of 15', each at ].east 6', is req�.ired; Lot No, �7, Deep Cliffe Estates No. 3. First Hearing. Mr. McKeeman said he wanted to get a particular house on this lot, hence the request for variance. Tilere will be a 15' curved driveway, a 5' side yard setback on the one sic�e, otherwise it wouJ.d decrease substantially the size of the rear yard. The Yiouse is sin�le story. The City Planner sa3d he was particularly concerned about the 5t side yard setback on the south for the ___ entire length of the building. He asked whether the applicant could alter the wid�th of the home frorn 60 t to 5 9' . The applicant said he could try. Comm. Small asked if any easements would conflict with this. He was told they would not. Comm. Frolich asked if it would be possible to rotate the house on the lot somewhat. Chairma.n Gates said he already tried this and it did not work. Comm. Traeumer said our Ordinance is designed to permit the most house on a lot that is feasible and aesthetically pleasing. He moved to deny application 6-V-65 because he feels there is no hardship here and because granting of it might cause hardship to his neighbors. Motion died for lack of a second. Moved by Comm. Frolich, seconded by Comm. Small, that application 6-V be recommended to the extent that a 5' setback is allowed between the corner of the ` building and the north property line, but that a 6' se�back be maintained on the south side, AYES : Comm. F'rolich, Hirshon, Johnson, Sma.11, Traeumer, Gates NOES: None Motion carried, 6-0 _9_ 8-V- E . R, Be & R. �'CO ��v: Application for a Variance in Lot size, to allow 2 lo�ts , a�� ro}�j.r.�.t;ely, Oo �j acre each in an A-2 zB-�F zon�; north of - Lir�c'y La�ne a F:...rst Hearing. � "'' � . �...:�� Mr. Wooley, 1766 c�z� tamar., Sunn;�vale, explained that he is ,.,, �� the property. own��.� �, H� _ would :lik� to put two homes on it. ` ThEre is no property a.vailable tY�ere to ma.ke a full 2 acres . He has an accesu road to the prop�rty. Comm. Frolich noted t�is fronts on a pr�ivate drive. He asked if a tentative map is reyuir�d herEe Mro I�olland Paige, Mountain View, said he wants to purcha�e �his property. There is a�0' easem�rit for a city street running downhill. � Ordinance 002(a) requires a recommendation by the City Englneer. The Assistant Director of Public Wbrk� said the road which has been approved to the north Ylas been brought up to lot 320 � It was anticipated that this� road would not go any farther because of the slope of the terrain; it is at ma,ximum slope now and woulc� actua,lly be termi.na,ted at the existing point. Access shoia.Id be made from Lindy Lane rather th�n through Baywood'Terrace. - � The City Attorney said the (;ity Staff ahould decide on the ingress ar.3 egress here before this Variance is decided upon. The Director of Public Works stated the access is not adequate at this time; h� recommends subdivisior, procedure and tentative ma.p here . Comm. Small asked wY�.t�restrictions�there are on a building on this type of zoning, The City Attorney said it must be �ing le-family. Mr. Paige said he wants to live here. The� City Attorney recommended. 'this be continued to a�peci- f ied time to avoid more published public hearings, etc, The P.G. & E. cables are in the SE corner of the property. Moved by Comm. JoMnson, seconded by Comm. Small, to close the First Heari.ng. . . � Nfotion carried, 6-0 �;� '`'., _ . . �. Chairc:�a.n Gates �stated that at the Second Hearing Mr. Wooley` ��,� will be expect�d.to,bring a�enta�ive map and will have talked witfi �he City Staff for an answer to ingre�s and egress. . .. -10- . .� �.- *��Th�re was a 5-m�nute break at this po'nt.��* 5 F. ASKAM-JO'V:ES ENTERPRISES:. Application for rezoning 65 from A-2:B-�- to R-1; 5�4 acr�es on. the hill west of ..----.--�---= -=---==' "- __1�' � the extension of Mercedes Road. A1.so Tentative Map. First H�aringe Civil Engineer Ger�e Masten and Mr, Jones presented the plans, showin� an aerial picture of the ent�re area, with the portion in �question outlined. It is a 160 -acre parcel. He is ask.ing for th� zoning on only a portion of the 60 acres at tnis time. P�Zr. Mas�en �aid he would like to take the Planning Com.missioners up there to see the property before the Second Hearing. A tentative map was presented for the 53 of the 160 acres, divided into 76 lots, abou� one-half acre each. Chairman Gates asked the City Attorney if a Neighborhood Plan is set up for an area immediately when it is arinexed. The City Attorney said that, normally, the ma,ster plan is brought up to date once a year. Mr,. Masten said there are two P.G. & E hi�h tension towers on the land. Comm. Frolich asked if these plans followed the Hillside Ordinance. Mr. Ma.sten said they did. The City Attorney said the master plan shows very low density at this point. Chairman Gates said he wouYd like to see how the street plan works in with the eni,ire area. Mr. Ma.sten said they are ,�ust asking for zoning now and would like to �ake the Commissior.ers out to see the terrain, etc. Chairman Gates asked for comments from the audience. Mr. Robert Kelm, 1059�. San Felipe, Cupertino, said he owns about 1-1/2 acres just below this� He has no ob- ,�ections to this rezoning, but it is a very pecul3.ar thirg . They have a drainage problem here. His property takes near ly all the runoff from the hillside above. There are about 100 homes below without proper f3ood control. The . ri�:�off goes down Mercedes ravine and eventua,lly, across --=�� . the road. -11- Mrs. Matteas, Co.rdova Road, asked if there was n.o other acce�s than Voss La,ne. Mra Mas�en said this ia right. Mrs. Matt;eau said TY`!e�cedes and Cordc�va are private roac�s. . ` � She felt there would be d.ra�.na,ge ��rc�lems l��c�,use the '` ( L y � T .. � + � , �� I / i � . . � r '^1�/�'^` house� will be too clo�e together: " . ;. Moved �y Comm, Traeumer, seconded by Comm. Hirshon, to close the First Hearing. � , . . Motion car.ried, 6-0; � _ � � : The City Planner had seyeral poir.ts he wantecl` to make here : area.is shown. - - -� ;. , _ 1. ' Most of the hi�.� f�.r� the General Plan as� agricultural open space.. . Five hundred dwe113.ng lxnits are ..proposed in the � entire ar.ea, mostly .in th.e� Mont�bel.lo. Ridge area. Actually, existing agricultural zon3.ng permits one-acre 1ots. Thus, , the.General Plan and the Zoning disagree. It is felt that existin� Zoning must take preeedence, City or County starts proceedings to acquire land,because a development right once granted cannot normally be .taken . away without " i ecompensatione 2. We previously had on.e appiication�for toweri apartments, etc., in the foothills, which was turned down. The Planning Commission decision in this case will be evEn more momentous, because the former area wa3 on an isolated hil�, but this � area sets precedent for a rnuch larger area, which might get a population of 50,O�a to 150,000 (half-acre or 7,500 sq. ft. lots). � 3. We will have drainage p.roblems, sewag.e problems, and ` traffic problems, among others. �+, Shall we try to keep this as open s�ace? If so, how will we do this f inancially? If dev�loped, decisions will have to be made about density. 5. There . is always. a cha.nce the develop�r may 'get approval of � rezoning and . tentative map and then sell. Then the new owner could withdraw this tentative ma,p and submit a.new one with higher dens.ity. . 6. There ar.e several ways in whicYi to develop this property � along convent�ional lines : '_ � � a� Try to make pads,,. for the buiiding�, which would require huge retaining:walls; even so, stability � ; is .dou.btful. A soil analysi:s..would be� required. . p ; $ , ' _ � b)� Take several bulldozers and push the�ridges down into the valleys to ma.ke the property level enough for normal development. -12- � c) P1ace the homes on piers and try to retain the steep hillside, There would be "deck backyards." But of what use would 20,000 sq. ft. loLs then -� ��' be t o the home owne r? The City Plann�r wondered if it wouldn't be better to have smalJ_cr lots and rEtain some of the natural terrain in "common areas, " ar:d pessibly mixed residential uses. I£ the Cluster concep� is not used, it seems that anything less than one-acre lots wouZd destroy the terrain. The City Planner emphasized tha�t the entire hill should be studied befcre any decisions are ma.de. The Study Area should be bordered by Insptra�ion Heights to the NE, Permanente to the NW, a deep canyon to the SW and Stevens Creek Road to the SE. A detailed General Plan or a Neighborhood Plan is needed here. The Director of Public Wo'rks said that some of the street grades far exceed the Ordinance and our policy. He questions whether the slopes on a typical cross section would be stable. He wonders whether or not this can even be built; herha.ps the applicant is �ust trying to obtain the zoning ,�ust to sell. __ Moved by Comm. Traeumer, seconded by Comm. Hirshon, to close the First Hearing. Motion carried, 6-0 Moved by Comm. Traeumer, seconded by Commr Smail, to request that the Tentative Map be postponed until such time as a decision has been ma,de on the zoning. AYES: Comm. Johnson, Small, Traeumer NOES: Comm. Frolich, Hirshon, Gates � Motion tiPd,, 3 Comm. Traeumer felt it would be a good idea for the Commissioners to traipse the propertyd Comm. Frolich asked what the limit is on the Hillside Ordina.nce. He was told it is 2 lots per acre. It was decided the Commissioners and(City Planner�%would meet Mr. Jones at Monta Vista School at 2 P.M., Saturday, April 3rd, for a tour of the property, The Recording - SP;:retary will remind them by phone. �. Moved by Comm. Frolich, seconded by Comm. Traeumer, to _ `_ cont3.nue the 3-TM-65 a�plication until the next regular meeting. Motion carrt�d, 6-0. _13 _ 6-Z-65 G, VAUGHN Oa WORTH: Application for rezonin� from R-3-H to y C-1-H of Oo�+ acres on the west side of Sara�toga-Sunnyva�� Road, half-wa� between Stevens Creek Blvd and Junipero �`�-� �� Serra Freeway o b�irst Hearir.g s >�;�� Mr.`V, 0. Worth, 10�+01 North Saratoga-Sunnyvale Road, � `� Cupertino, said this ha,s been a real estate offiee for 13 years. He ha� Ueen there 3 years and Mr. McGowan was there for the 10 - previous , years � Dr. Joe Brown has h3.s anima.l ' hospital 3.n an M-1 zone to the south o:f' him and Cupertino NurSery, in a non-confor�ming use, is to tY�e north of him. The p�operty to the front and back of him is M-1. Comm. Traeumer asked how a real estate office ever got on �� R-3-H property, Councilman Fitzgerald, in the said it is non-conforming use which h�.s been �here 13 years. C�airma.n Gates stated tha.t here is the sam.e prob�.em again as they faced with the Diaz property bn Stevens Creek Blvd. The Planning Commission will have to, sooner or later, meet this problem head on. He said we need a unif ied plan along � these highways or they wi11 result in a hodgepodge of uses, as has happened in San Jose. The City Planner said anytr.ing but apar.tment houses along the highway would be better. He agrees that a unified plan would be best, however.. � Mr «� John �1�ntonucho said he is going into , the swimming pool business. He said that because of the oddball zoning here, the recommendation was _to g.o in for a change of zoning rather tha,n a Use Permit . Comm. Frolich felt that a misp?ac�d use here would be an apar,tment house � Moved by Comm..Fro��ch,,seecr�ded by Comm, Traeumer, to close the first H�aring� � AYES : Comm. Frolich, Tra"eumer NOES: Comm. Hirshon, Johnson, Small, Gates Motion died., 2-�+ - ;Councilman Fitzgerald explained that Mr. McGowan had a commercial use permit from the�County here. ` Mpved by Comm, Johnson, seconded by Comm. Hirshon, to close. '�+` �� •�.': ; The P�:blic Hearings, � `�'� f AYES.: , Comm. Frolich, H3.rshon; Johnson, �mall, Traeumer, Ga�e�, NOES : None . . . � � � Mo��:on carried, 6-0 � . _Y?+_ . - `-. ,.,�- Moved by Comm. Johnson, seconded b;r Comm. tIi.rshon, that applicatl.on 6-Z-65 be approved, sub �ec�; to the 12 stan- dard c nnd it ion �, AYES : Comm. F:rolsch, Iii.rshcn � �hnson.� Small, Gates NOES: Comm. Traeumer Moticn carried, 5-1 Chairman Gates request�d the City Staff do a study of a specif ic development plan for Stevens Creek Blvd. and Saratoga-Sunnyvale Road. VII UNFINISHED BUSINESS 2-TM-65 A. DON RYAN: Application for approval of Tentative Map; ' 7..3 acres south of Junipero Serra Freeway and west of Blaney Avenue. Second Hearing continued, This was postponed unti]. the next regular meeting, at the request of the appli.cant. 81,021 B. Chairman Gates said he has done a study on develop- ment along the freeway boundaries and feels that the ma.in ob �jection is where the backside of homes or __ . businesses face tY:e freeway. It is not nearly so . ob j�ctiona.ble when the front side is facing the freeway. The most pleasing view from the freeway is the orchard in Vallco Park, which he realizes is temporary. VIIt NEW BUSSNESS 50,000.1 A. CITY COUNCIL: Proposed Emergency Amendment to the R-3-H and R-2�+-H Ordinances; to limit densi�ty in Multi-Family Zones. First Hearing. Chairma.n Gates explained th.at, from now on, the loophole about density in the R-3-H and R-2�+-H Ordinances is closed because of Council action last week. The Ryan application had been filed previously so it is legal. He said a particular problem that has come up is that the interior ma.y or may not be subdividable . Comm. ; Frolich wondered whether they can also limit the number "`�'� of buildings per lot . - � C�mm. Traeumer felt all R.-3 and R-2� should be required to have a development plan; any construction from now on , should have one. -15- . The City Planrier said a, developmEnt plan would be u�eful because � it t�ies the development.to the display�d plan, wh.ich may be a bas is for the granted zoning e The qua lity of �he deve lopmen�:< ma depend on building pa':tErn, l�n;?scaping, etc,, as shown in a. development F1an. As o.f n�w,. . what the app� icani� shows to obt� '. his zoning is not necessarily built. Comm. Frolich is opposed to letting the City ha,ve still more control, Chairma,n Gates said that once an applicant needs a variance, then we sYiouid have a development plan. Moved by Comm. Frolich, seconded by Comm, Small, to close The Pub 1ic Hearings. T�lotion carried, 6-0 The City Planrier satd that if the Planning Commission grants a , Varianee �, 8�velopment plan can be required� Moved by �o.mm. Frolich, seconded.by-Comm, Small, to recommend the City Council enact the most restrictive of the two proposed amend- -. ments to Ordinance 220(a-1), the one marked "Alternate Draft,��and to recommend the �proposed amendment to Ord�.nance 002 (k-1 }. AYES: Comm. Frolich, Hirshon, Johnson, Small, Gates _ NO�S : None � ABSTAINED: Comm. Traeumer . � Moti�n carr.ied, 5-0 _ - 81,009 B. Chairma,n Gates°said something else he has been considering is . , the possible requirement of one tree every 3000 sq. ft. of asphalt in parking lots. Moved by Cha.irma,n Gates, seconded by Comm. Sma.11, to have the H-Control make a study of this suggestion. � � . Motion carried, 6-0 IX AD JOURNMENT . . �• Moved by Comm. Johnson, seconded by Comm. Small, to ad,journ the meeting- at �midnight. , ~ � . Mot.ion earriec�,, (_0 . APPROVED t - . /s/ Jack Gates � �� ATTEST : . Chairman -,,:� City and Traffic Planner -16-