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PC 05-26-92 C � , CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 � (408) 252-4505 MINUTES OF THE REGUI.AR 1KEETING OF THE PLANNING COISKISSION HELD ON MAY 26, 1992 � SAI..UTE TO THE FI.AG : ROLL CALL: ' Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mackenzie Commissioner Austin ' Commissioners Absent: Commissioner Mahoney � � Staff Present: Robert Cowan, Director of ( Community Development Ciddy Wordell, City Planner ' Cheryl Kershner, Deputy City Attorney Glen Grigg, Traffic Engineer ! ( POSTPONENIEN�PS OR NEW AGENDA ITEIriS : ( - None WRITTEN COMMUNICATIONS: Carol McDowell ORAL COI�IIrIiJNICATIONS : - None CONSENT CALENDAR: - None � PUBLIC HEARINGS: ' 1. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: SUBJECT: Land Use Map, Minor Clarifications of Preliminary Planning Commission recommendations, and Implementation measures. Staff Presentation: City Planner Wordell presented the staff report. She noted the discussions at this hearing will be the following: 1) Land Use Map; 2) Request for consideration of noise standards; 3) Vision Statement. Ms . Wordell presented the Land Use Map and pointed out the land use changes, as autlined in the staff report. She noted the City Tennis Center will be changed from Private Recreation to Parks. Regarding hillside, Ms. Wordell stated that staff is sugqesting that the 10 percent hillside line remain, with a note that special regulations apply to the Seminary Property. A statement specifically noting residential uses are allowed in commercial, PI.ANNING COM�IISSION MINUTES Regular Meeting of May 26, 1992 Page 2 office and industrial areas should be added. Ms. Wordell outlined the land use map changes regarding Blackberry Farm, Public Open Space, Portion of Kaiser Property and Voss Pond, as explained in the staff report. She noted'staff recomrnends a land use amendment for the Town Center area to the new de'signation of "Commercial/Office/Residential" which genuinely reflects the land use character of the area. In response to Com. Mackenzie's question, Ms. Wordell stated the 5- 20 acre zone does not apply specifically to all hillside areas. She stated the 5-20 acre zone is not synonymous with the 10 percent slope line. Ms. Wordell stated the hillside protection line has been left at � the 10 percent line and this results in the Seminary Property being included in the Hillside Protection Area. � Com. Mackenzie stated the intent was to change the undeveloped hillside areas to the 5-20 acre zone. � Mr. Cowan stated that properties already developed will be excluded � from the 5-ZO acre zone. Chr. Fazekas suggested an enlarged map showing the lot patterns in the hillside areas. Regarding the Diocese Property, Com. Mackenzie stated this property has separate rules. In response to Com. Mann's question, Ms. Wordell stated staff will work on the wording for Private Open Space. Com. Mann stated that she lives in one of the areas being consider for a name change regarding Private Open Space and asked the City Attorney's advice. Deputy City Attorney Kershner stated Com. Mann should abstain from the area in which she lives. Regarding residential on Stevens Creek Blvd., Com. Austin stated she would like the zoning to be more specific with regards to allowing apartments. Ms. Wordell stated zoning of specific land uses will be discussed at a later date. Both Com. Austin and Com. Mann stated they would like to see apartments in certain areas if and when they are redeveloped. Mr. Cowan stated the General Plan designates intensity of use of a PLANNING COMMISSION MINUTES Regular Meeting of May 26, 1992 Page 3 density range. He stated it is possible that a specific tenency type can be added to the General Plan and the area rnapped. The public hearing was opened. Ms. Nadine Grant, 10463 Henny Creek Pl., supported revisiting the Land Use Map. She requested that the Planning Commission recommend to the City Council that the overall procedure be as sirnple and consistent as possible. She feels that dealing with the Seminary Property separately will cause problems in the long run with other developers. Mr. John Sobrato, Sobrato Development, discussed the 10 percent ' slope line. He feels it is more logical to erase the line , completely where it effects the Diocese Property and start it at ' Stevens Creek Blvd. He stated the 10 percent slope line does not � reflect the real situation because it was drawn prior to the Diocese selling property to the County. . � Mr. Cowan stated the boundary of the hillside was determined by a � special study area. ( � Ms. Kindal Blau, Standing Up Ct. , stated the 10� slope line has been in place for 25 years. She stated hillsides could be defined geologically. Ms. Diane Morena Ikeda, FAIR, stated that the Seminary Property is not getting preferential treatment, but has different land characteristics than the hillsides. Chr. Fazekas closed the public hearing. Com. Mackenzie questioned whether a problem would occur if the line � stops at the Seminary property. '� Mr. Cowan stated the line could be stopped at the Seminary Property and noted the 5-20 acre zone would not apply to this property. � Com. Mackenzie stated the slope line helps to decide what set of rules apply to a particular property. He noted it is irrelevant to the Diocese Property. Also, the line may also influence future planners. Chr. Fazekas stated the Land Use designations are adequate and the 10 percent line should be removed. Com. Austin stated the slope line should remain. Planning Director Cowan discussed the Land Use Map and outlined the hillside areas and the 5-20 zone areas. He stated it may not be appropriate to zone an entire area 5-20 acres if the surrounding PLANNING COMMISSION MINUTES Regular Meeting of May 26, 1992 Page 4 area is developed as half acre lots. MOTION: Com. Mackenzie moved to remove the 10 percent slope line from the map and to leave the Land Use Designations as drawn by staf f . Mr. Cowan stated the 10 percent line is the separator between the � Foothill Modified Formula and the Half Acre Formula. The rnotion died due to lack of a second. Mr. Cowan stated there are 3 zone districts in the hillsides, those being: 12,000 s.f.; 1/2 acre formula; 5-20 acre formula. He asked if the Commission wants to maintain these three standards. Chr. Fazekas stated he would support staff recommendations. Mr. Cowan stated staff will present a map outlining lot lines at the next hearing. He noted that the 12, 000 s. f. lots are fully , developed, except for a few lots. Com. Macken2ie suggested staff draw a new map and remove the slope line. Com. Mackenzie stated he would like to be more specific in the residential section as suggested by Com. Austin. Com. Austin expressed concern about more office space being developed and less residential, she stated they need to be specific. Ms. Wordell stated the areas are specified in the General Plan for residential, subject to further study. Chr. Fazekas agreed that the areas need to be studied further before being specific. The Commissioners agreed to be more specific in areas as to residential development. Chr. Fazekas stated he supports the map as is, but there should be public input when being more specific. Com. Mann concurred regarding the public input. Mr. Cowan recommended that the Commission be more specific at the zoninq stage. Com. Mackenzie suggested sending a Minute Order to the City Council informing them that the Planning Commission wish to be more specific. PLANNING COMMISSION MINUTES Regular Meeting of May 26, 1992 Page . 5 There was a consensus of the Commission to continue this discussion " to the rneeting of June 8, 1992. The Commissioners discussed the Noise Standard. City Planner Wordell noted the City received a complaint from a resident requesting that the Planninq Commission consider revising the current Noise Ordinance, as outlined in the staff report. She stated staff does not feel that the Ordinance needs to be changed as there have been no other complaints from residents. Ms. Wordell stated residents needs are met through the existing ordinance and staff feels the General Plan policies are adequate. � The public hearing was opened. Chr. Fazekas closed the public hearing. i Chr. Fazekas, Com. Mann and Com. Austin spoke in favor of staff's � recommendations. Com. Mackenzie was temporarily absent. I The Commissioners discussed the Vision Statement. � Ms. Wordell stated staff feel the Vision Statement is compatible with the Planning Commission's positions, even though there are different interpretations of appropriate hillside zoning for the Seminary Property. Com. Austin stated the vision statement is an overall goal. She sugges'ted adding a statement regarding the enhancement of the educational system. She noted Corn. Mahoney endorses the Vision Statement. Com. Mann stated that most of the comments in the Vision Statement are already covered in the General Plan. She noted she does support the Vision Statement, but would not recommend it be placed in the General Plan. Com. Mackenzie stated he has a specific personal vision of what he would like to see for the City. He feels some areas of the Vision Statement are unclear and would not recommend it be part of the General Plan. Chr. Fazekas stated he supports the Vision Statement, but would not recommend it be part of the General Plan. He commended the authors. There was a 3-I vote (Austin No) to leave the Vision Statement out of the General Plan. ' Ms. Wordell outlined the remaining General Plan subjects which will � be discussed at a later hearing. PLANNING COISMISSION MINUTES Regular Meeting of May 26, 1992 Page 6 The Land Use Map discussion was continued to the June 8, 1992 meeting. 2. APPLICATION 81,043 - ZONING CODIFICATION: Public Hearing to consider a program to reformat and consolidate all Zoning Ordinances into the Municipal Code. The program will include a proposal to modify procedures for review of development proposals, including a deterrnination of the final review authority for various types of development applications and the appeal process. The consolidation or codification effort will include minor amendments of several ordinances and complete redraft of the iegal nonconforming use ordinance. Staff Presentation: Planning Director Cowan stated the intent is i not to change the content of the ordinances but to sirnplify and reformat. He noted the legal nonconforming use section has been rewritten and this needs further work. Mr. Cowan presented a chart. outlining the review process. He noted staff suggests the Planning Commission have final authority for new development less than 10,000 s.f. He stated the idea behind the change is to simplify the agenda and get the Planning Comrnission rnore involved in advanced planning projects. � Mr. Cowan noted if a project is approved by the Planning Director a report will be forwarded to the Planning Commission and can be appealed by either a Planninq Commissioner or a City Council member. He noted the appeal process will be 10 working days as opposed to five. Mr. Cowan outlined the structure of the ordinances. He stated all the basic ordinances have been put into chapters to make the ordinance more efficient. He stated they will prepare a condensed format for homeowners. In response to Com. Mackenzie's comment regarding definitions, Deputy City Attorney Kershner stated chapters were added after the fact and new definitions were added and not incorporated at that time, but eventually all definitions will be in the one section. Mr. Cowan noted there are minor modifications in the definition section. � Mr. Cowan went through the changes as outlined in the draft ordinance submitted to the Commissioners. He noted this is an introductory session. The changes are as follows: Chapter 19.11 Planned Development Zones. Section 19.11.070, specifies 10,000 and 30,000 s.f.; Section 19.11.100, formalize the process adopted; Section 19.11.110 is redundant. ' PLANNING COIKIKISSION MINUTES Regular Meeting of May 26, 1992 Page 7 Chapter 19.14, rotating homeless shelter has been incorporated into the BQ Zone. � Chapter I9.22 Parking Zones. He noted that staff recommend having an off-site parking ordinance to deal with all parking requirements. Mr. Cowan stated he will work on this section. Com. Mackenzie stated there may be a need to have a chapter for residential and then a separate chapter for everything else. Mr. Cowan stated the R1-C Ordinance deals with Planned Residential Communities. He noted this is designed for low density residents and clustering which will be addressed in stage 2. � Chapter 19.28 Procedural requirements. Section 19.28.10 (c) to be � deleted. Regarding variances, Mr. Cowan stated he can hold a � variance hearing in his office and the Planning Commission has the ability to look at this on the appeal process. He noted the � Planning Director will give the Planning Commission a referral after he has made a decision. He noted this is less costly for the I City. He does not feel this will encourage more variances and it ( can be appealed by a Commissioner within 10 working days. Temporary Uses He noted the Planning Director can approve temporary uses. Chapter 19.30 Administrative Approval. Mr. Cowan stated this is a more formal process, but has the same basic concept. He stated this gives the Planning Director minor approval ability. Chapter 19.31.20 Appeal Process. Changed from 5 working days to 10. Section (b) fee, to be defined at a later date. Com. Mackenzie stated the Planning Commissioners and City Council should be made exempt from the fee. Chapter 10.06 Section (b) Com. Mackenzie suggested when adding all the setbacks they have to meet a certain number. � Mr. Cowan stated this will be addressed at a later date. Mr. Cowan addressed the Legal Nonconforming Use. Chapter 19.25 Legal Nonconforming Use. Mr. Cowan stated there are two instances involved, one being Nonconforming Uses and the other Nonconforming Buildings. Mr. Cowan outlined the rules. He stated he will provide the Commission with an analysis of each section at a later hearing. The Commissioners agreed with the forrnat. PLANNING COMMISSION KINUTES Regular Meeting of May 26, 1992 Page.8 Chr. Fazekas expressed concern about the variance section. � Mr. Cowan stated there are safeguards. Com. Mackenzie stated the � Planning Director can help the applicant find other ways to solve any problems. � Mr. Cowan stated the variance process, as proposed, may avoid neighborhood confrontations. The Commissioners agreed to continue this meeting to June 8, 1992 NEW BIISINESS: - None a REPORT OF THE PLANNING COMMISSION: Com. Austin noted she received a letter from the Diocese of San Jose and submitted a copy to staff. � REPORT OF DIRECl'OR OF COI�IIKIINITY DSVEIAP1rIENT : i - None � DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNlsENT: The Planning Commission adjourned at 9 P.M. to the next Regular Meeting of June 8, 1992 at 6:45 p.m. Respectfully submitted, �'�,��� t �� �� . � ��:-� Ca erine M. Ro�i ar , Recording Secretary Approved by the Planning Commission at the Regular Meeting of June 8, 1992 /s/ Daryl Fazekas Dary Faze as, C airman Attest: /s/ Dorothy Cornelius . Doro y Corne ius, Ci y C er Amended 6-8-92