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PC 06-08-92 � ,- �ITY C?F CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JUNE 8, 1992 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Fazekas Vice Chairperson Mann Commissioner Mahoney Commissioner Austin Commissioners Absent: Commissioner Mackenzie Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Cheryl Kershner, Deputy City Attorney APPROVAL OF MINUTES: Com. Mann made the following change on the minutes of May 11, 1992: Page 3, Motion "Voss" should be "Alcalde". MOTION: Com. Mann moved to approve the minutes of May 11, 1992, as amended. SECOND: Com. Austin VOTE: Passed 4-0 ABSENT: Com. Mackenzie Chr. Fazekas noted that Com. Mahoney should be recorded as absent in the minutes of May 26, 1992. MOTION: Com. Mann moved to approve the minutes of May 26, 1992, as amended. SECOND: Com. Austin � VOTE: Passed 3-0 ABSTAIN: Com. Mahoney ABSENT: Com. Mackenzie � WRITTEN COMMUNICATIONS: Letter frorn FAIR & OAKS � Letter regarding St. Joseph's POSTPONEMENTS OR NEW AGENDA ITEMS: 1. Application 5-U-90 lModified) : Taco Bell - continued June 22, 1992. 2. ApAlication 3-TM-92: Harlan Sethe - continued to June 22, 1992. PLANNING COMMISSION MINUTES Regular Meeting of June 8, 1992 Page 2 Planning Director Cowan noted the applicant requested a continuance to July 13th for application 3-TM-92. MOTION: Com. Mann moved to continue Application 5-U-90 (Modified) to June 22, 1992 and Application 3-TM-92 to July 13, 1992. SECOND: Com. Mahoney VOTE: Passed 4-0 ABSENT: Com. Mackenzie ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 3. APPLICATION 3-GPA-90 - CITY OF CUPERTINO SUBJECT: Land Use Map, Minor Clarifications of Preliminary Planning Commission recommendations, Vision Statement and Implementation measures. A. GENERAL PLAN LAND USE MAP Staff Presentation: City Planner Wordell presented the staff report. She noted discussion at this meeting will involve the Land Use Map and the Vision Staternent. Regarding the Land Use Ma�, Ms. Wordell outlined the three zoning areas in the Hillsides, noting the draft land use rnap has been arnended to elirninate the 1� percent slope line. She noted the line has not changed in application, but will not exist on the map. Com. Austin stated if there is no change with the elimination of the line, it should not be deleted. Ms. Wordell stated that the line does not apply to the Seminary Property which has its own rules. Com. Mahoney stated there are four different zoning areas so there is no reason for the line. Com. Mann stated the line can be misleading, because property on � the 5-20 acre zone district has been developed. Ms. Wordell stated the 5-20 acre zone district has not changed ac1�3 the 1/2 acre slope density still exists. The Comrnissioners addressed the 10 percent line further, Ms. Wordell stated that the four zoning districts will remain. Com. Mahoney stated the 5-20 acre zoning district does protect the PLANNING COMMISSION MINUTES Regular Meeting of June 8, 1992 Page 3 developable area in the hillsides and the Seminary property is protected with different rules. Com. Austin expressed concern about a section of the Kaiser property. Ms. Wordell pointed out that the Kaiser property is within the 5-20 acre zone district if developed as residential. Com. Austin pointed out that there is a 12 percent grade going up Stevens Creek Blvd. to Foothill. The public hearing was opened. In response to Com. Mahoney's question, Mr. Cowan stated there are a few vacant lots in the Foothill Modified Forrnula area, as well as the Half Acre Formula area for development. Mr. Phil Zeitman, 22709 Cricket Hill, stated he agreed with Com. Austin that the line should remain. He stated the Hillside Policies should protect the hillsides. Chr. Fazekas closed the public hearing. Com. Austin stated the line should be left as is. Com. Mann stated property owners of half acre lots in the 5-20 acre zone which is surrounded by developrnent should be allowed to develop their property. Com. Mahoney stated the zoning districts are no less restrictive than the 10 percent slope line. Chr. Fazekas stated he would support staff's recommendation and removed the 10 percent slope line. Mr. Cowan stated patterns as opposed to a line is being used on the Map. � MOTION: Com. Mahoney moved to adopt the Land Use Map with the patterns as a representation for the density of the Hillside areas. SECOND: Com. Mann VOTE: Passed 3-1 � NOES: Com. Austin ABSENT: Com. Mackenzie The Cornmissioners went on to discuss residential developrnent. Ms. Wordell stated the Planning Commission requested stronger direction for housing to be provided to areas addressed by the Pianning Commission which are: Bubb Rd., Bandley and Stevens Creek Blvd., between Stelling and Saich. Ms. Wordell reviewed the stronger language recommended by staff. PLANNING COMMISSION MINUTES Regular Meeting of June 8, 1992 Page 4 Ms . Wordell reviewed the zoning map and outlined the areas included in the study for residential development. Com. Mann stated that she had been assuming both sides of Bandley for residential. She noted both sides should be zoned for apartments. Com. Mahoney stated he agrees with the west side of Bandley for residential. Chr. Fazekas also stated that the west side of Bandley is acceptable. Com. Austin suggested housing on the west side of Bandley and mixed-use on the east side. Com. Mann stated when attending the Affordable Housing Committee Meeting a contractor brought up the fact that if land is zoned apartments, the property has a slight iower value and adds to the ability to build apartments because it is not as costly. She feels it would be easier to get apartments in the areas identified if they are zoned. The public hearing was opened. Mr. John Sobrato, Sobrato Development, stated that the Planning Commission should consider both sides of Bandley for residential as well as both sides of Valley Green Dr., as long as neighborhoods are protected. Chr. Fazekas closed the public hearing. There was a consensus of the Commission to study both sides of Bandley. The Commissioners discussed Bubb Road. Chr. Fazekas stated there should be residential on both sides of Saich Way to make it pedestrian oriented. Coms. Mahoney and Austin did not agree with this. There was a consensus that Saich Way would be studied as recommended by staff. Com. Austin stated that the term "mixed-usef' should be defined. The public hearing was opened. Mr. Phil Zeitman, 22709 Cricket Hill, stated that all of Saich Way should be consider for residential also to include the proposed � PLANNING COMMISSION MINUTES Regular Meeting of June 8, 1992 Page 5 Jack-In-The-Box. He stated to do part zoning is unfair to property owners. Chr. Fazekas closed the public hearing. Planning Director Cowan stated that there are people in the Audience who wish to address the Union Church issue. Chr. Fazekas reopened the public hearing. Mr. Frank Gerard, Chairman, Board of Union Church, stated that the Church is unable to sell a piece of their property to the owner of the Post Office Site if the property is zoned residential or mixed- use. He suggested stopping the boundary line just east of the Church and leaving the Post �ffice site as currently zoned. He noted they need to sell the property for financial reasons. Mr. Gerard stated the Church did rneet with the Mid Peninsula Housing Coalition and after studying the area found it was not feasible for residential. Mr. Hal Reasner, member of Union Church, stated the church does not control the Post Office site and does not know the plans for the site. The property owner will have no use for the Church property if the Post Office site is rezoned residential. In response to Chr. Fazekas question, Mr. Reasner outlined the buildings to the west of the church. Mr. Barry Feely, 22043 Baxter Ct. , addressed Bubb Road, noting that he has concern about residential between the freeway and the rail road line. He also expressed concern about the increase in traf f ic . Mr . Feely gave the history of the bui ldings on Bubb Road . Mr. Gerard noted he wrote two letters to the Mayor dated May 13 and May 27 which outlined their request, he submitted a copy of the letters to the Planning Commission. Chr. Fazekas closed the public hearing. Com. Mann stated she would like to leave Bubb Road as commercial. Com. Mahoney stated that Bubb Road should be residential and he would support moving the boundary line as requested by the Church. Com. Austin concurred. There was a consensus of the Cornmission to move the line west of the Post Of f ice . Com. Austin stated she did talk to the Director of Traffic regarding the increase in traffic on Bubb Road and he indicated there wouid be no difference if zoned apartments. PLANNING COMIKISSION MINUTES Regular Meeting of June 8, 1992 Page 6 There was a 3-1 vote (Mann No) to zone Bubb Road residential. Com. Mahoney addressed an area between Prunridqe and Homestead and asked f or staf f input . Mr. Cowan stated if the Planning Commission wish to address new areas the property owners should be notified. Com. Austin stated she would recommend that Stevens Creek be zoned residential. The Commissioners discussed Private Open Space. City Planner Wordell reiterated comments from the staff report noting that the areas for discussion are the Nellis subdivision and De Anza Oaks . Ms . Wordel l outlined these areas on the Land Use Map. She noted if more intense uses are requested they must qo through a Use Permit procedure. The public hearing was opened. Ms . Kendal Blau, Standingup Ct ., stated Voss Pond should be rezoned to private open space. Chr. Fazekas closed the public hearing. Com. Mann noted she would abstain from this discussion because she lives in one of the areas under discussion. There was a 3-0 vote (Mann abstain, Mackenzie absent) to add the following language to the General Plan: "Private Open Space: This designation is applied to privately-owned lands used for Iow- intensity, open space activity such as hiking, walking or picnicking. Other, rnore intense uses deemed cornpatible with this designation may be approved through the use permit procedure". B. VISION STATEMENT City Planner Wordell noted the Planning Commission considered a vision statement at the last hearing, noting they did not endorse it. She noted the City Council will be considering a vision statement and it would be helpful to have some Planning Commission input. She noted the original Vision Statement by the OAKS group has been resubmitted as well as vision statements from Coms. Mann and Mackenzie. Com. Mahoney stated the vision statement proposed was prepared by several sections of the community. He noted he has read Coms. Mann's and Mackenzie's and does not see any conflicts with the proposed vision statement. � PLANNING COMMISSION MINUTES Regular Meeting of June 8, 1992 Page 7 Com. Austin spoke in support of the proposed vision statement by OAKS. She noted this statement has been reviewed by several sections of the community. She also noted after reading Coms. Mackenzie's and Mann's she did not see any conflicts and would endorse the proposed vision statement by OAKS. Com. Mann stated the vision statement proposed by the OAKS group is not a vision, but goals and objectives. She stated a vision is a dream. She stated the vision staternent is a blue print of what is in the General Plan. In response to Chr. Fazekas's request, Ms. Kendal Blau outlined how the vision statement came to be. She noted she has talked to staff as well as Hewlett Packard, Apple, and Tandem who all gave input which is the result of the vision statement. Com. Mann stated that visions are not there, but goals and objectives are. Com. Austin feels the vision statement offered by the OAKS group is what the Planning Commission wants. Com. Mahoney stated that this does portray a vision. Com. Fazekas spoke in favor of the vision statement. Ms . Diane Morena Ikeda, Co Chair FAIR, requested the wording "which protecting the individual property rights" be added to the vision statement, other than that, FAIR supports the vision statement. Phil Zeitman, CURB, stated that CURB does not agree with everything in the vision statement, but there is something that everyone can support and this should go into the General Plan. Chr. Fazekas closed the public hearing. MOTION: Com. Mahoney moved to recommend adopting the vision ' statement prepared by OAKS as a draft for the General Plan. SECOND: Com. Austin VOTE: Passed 3-1-0 NOES: Com. Mann ABSENT: Com. Mackenzie Com. Austin requested that a statement regarding enhancing education be added to the vision statement. Com. Mann noted that groups who wish to address the Planning Commission should send their literature to all Planning Commissioners and not a selected few. PLANNING COMIKISSION MINUTES Regular Meeting of June 8, 1992 Page 8 MOTION: Com. Mann moved to continue 3-GPA-90 to the meeting of June 22, 1992. SECOND: Com. Austin VOTE: Passed 4-0 ABSENT: Com. Mackenzie 4. 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 determination of the final review authority for various types of development applications and the appeal process. The consolidation of codification efforts will include minor amendments of several ordinances and complete redraft of the legal non conforming use ordinance. Staff Presentation: Planning Director Cowan presented the staff report. He noted there has been no content changes in the ordinances, but reformatting. He did note that there are a few changes in the procedures. Mr. Cowan went through the sections of the Nonconforming Uses and Facilities Ordinance and reviewed the changes of each section, as outlined in the staff report. The Cornrnissioners agreed with the changes as outlined by Mr. Cowan, but Com. Austin noted they should be more restrictive on the expansion aspect. Mr. Cowan noted he will work on this section further. There was a consensus to revisit the expansion section. Deputy City Attorney Kershner clarified that the ordinances being reviewed will replace the old ordinance and any concerns the Commissioners may have or changes to be made should be addressed before adoption. Consensus to continue the discussion on the Codified �rdinance to June 22, 1992. NEW BUSINESS: - None REPORT OF THE PLANNING COMPiiISSION: Chr. Fazekas reported on the Mayor's Luncheon. REPORT OF DIRECI'OR OF COMMUNITY DEVELOPIKENT: - None PLANNING COMMISSION MINU'I'ES Regular Meeting of June 8, 1992 Page 9 DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: The Planning Commission adjourned at 10:00 P.M. to the next Regular Meeting of June 22, 1992 at 6:45 p.m. Respectfully submitted, � . �c:��la,-d Catherine M. Robillard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of June 22, 1992 ' � -� ,/.. �� /s/ Daryl Fazekas /, � � �� i � �' �' � Daryl Fazekas, Chairman � Attest: G' � Dorot y Corne ius, City Cler