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PC 02-26-73 . � CITY OF CUPERTINO, STATE OF CAL�IFORNIA PC-86 10300 Torre Avenue, Cupertino, California Page 1 Telephone: 252-4505. PSINUTES OF THE REGL'LAR :�1�ETING OF T?iE PLANNING COI�IISSION HELD ON FEBRUARY 26, 1973 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA • SALUTE i0 THE FLAG Chairman Euthenuth called the meeting to order at 7:30 PM with the Salute to the Flag. ROLL CALL Comm. present: Gatto, Nellis, 0'Keefe, Chairman Buthenuth Comm. absent: Adams Staff present: Direc*or of Planning and Develop:nent Sisk Assistant City Attorney Terry Associate Planner Co�aan Traff.ic En�ineer Gri�g �PPROVAL CF LIINUTES Miilutes of Regular i•leeting of January 8, 1973: Co:nm. Gatto asked that the fir.st sentence at tli� top of page 4 be dele�ed. � ��loved by Comm. Gatto, seconded by Comr.i. 0'Ke�fe to approve the � Jan. 8 Minutes :�tinu�es of January 8, �973, as ar:►ended. � aYproved as . arlended Motion carried, 4-0 Minutes of Adjourned Re�ular �Ieetin� of January 18, 1973: On pabe 2, third paragranh, the second sent �hould be de]_eted � and replaced ��rith: "He noLed a higher population :�n t=he ilatter . area cf the Cz.ty than �-ras inclicated in the ]_96�+ Gener.al Plan �aas � offset by the locti*er po��ulation in tlie hill area," � Oii page 4, thirci para�;raph, firat line: De:l_ete thF� �rord "commytte��" and replace with the c�rard "commt.inity". • � � PC-$6 MINUT�S OF THI: F�BRUA1tY 26, 1973 PLANNING COPIMISSION M�ETING Page 2 • J<�n. 18th Min. Moved by Gomm. Nellis, seconded by Comm. 0'Keefe to approve the Mi.nutes aparoved as of January 18, 1973, as corrected� carrected Motion carried, 3-0 Conun. Gatto abstained Minutes of Regular Meeting of January 22, 1973: Page 2, para�raph 2, Corun. Nellis would like the ctiiords "women on regional planning" dele�ed and replaced 411tI1 "Women`s �7orkshop for Regional Paths and Trails". Jan. 22nd Min. Moved by Comr.i. Nellis, szconded by Comm. 0'Keefe to approve the Minutes approved as of January 22, 1973, as corrected. corrected � Motion carri�d, 3--0 Comm. Gatto abstain�d �rlinutes c?f Regular Meeting of February 13, 1973: Feb. 13th �iin. ` 1`toved by Comm. Ne11is , seconded by Comm. 0'Keefe to a�prove the rtinutes a�proved as of February� 13, 1973, as submitted. submitted t'Iotion carried, 3-0 . Comm. Gatto abstained � POSTPONEr1F.�1TS , etc . The Planning Director askerl t'r�at agenda item 5 be pcstponed to the next regular mee�ing to a�low additional preparation time. He also asked that agenda iter.l 6 be postponed since the ordinance :zad not yet been dr_aftzd. Ag�nda items 5 Moved by Co;�un. 0'Keefe, seconded by Comr,i. Gatto to postpcne ageizda items & 6�ostpon�d � 5 (1973 Comprehens_i_ve Generz�.l Plr�n Pub_lic ;.I�ar_}..r.;; ;7.R 5(;a;Tv�nciir,�� c;r ,ordina:ice to provide for mailing notices to adjacen� property owners). Motion carried, 4-0 , bv'RIT'CEiV Cv�Q�NNICATIUNS Those received were in regard tc the Genera.l Ylan, � ORAL CONIP•1?JNICATIONS i7here were none. . , � � � . i _ � r1INUTES OF Tii� I'EBRliARY 26, 197,3 PLAlVNING COM1�iSSION MEETING �PC-86 Page 3 PUT3LIC HEARYNGS : I 1. Application 2-z-73 of AGNES P. READE for prezoning approxi- i mately .32 acre fr.om Santa Clara County R1-10 (Residential, single-family, 10,Q00 sq, ft, lot minimum) zone to City of • Cugertino R1-10 (Residential, single-family, 10,000 sq. ft. pe dwelling unit) zone or �ahatever zone may be dee:ned appropriate by the Planning Commission. Said property is located adjacent . � to and souther]yo uf �an Juan Road approxir.►ately 200 feet �aesterly of the intersecti.on of San Juan Road, First Hearing. The Associate Planner said the applicant is requesting the R1-10 Flag lot zoning in order to construct a single--family home on a flag lot. Connection to the �ity �aater system requires annexation and pre- zoning. This is in a hilly ar.ea and the fla� lot will 'oe reached � by a common drive �aith the property �_mmediately in f ront , f acinQ San Juan Road. There is mucli undevelo�ed land in the area which � is still in the County. The map of t:ne area iras reviewed. �loved by Comm. Gatto, seconded by Comr.t. Nellis to close the public Public Hearing hearing. closed �� � ��otion carried, 4-0 Moved by Comm. Gatto, seconded by Conu 0'Keef� to recom�end to th City Council approval of application 2-Z-73. The motion and secor.d Taere withdrawn; Public Hearings were reopen� .Hearin� reopen . � Chairman Buthenuth asked for comments from the audience. There ?:Tere none. Moved by Conun. Gatto, seconded by Gomm. 0'Keefe to close the uubl Public Hearing ' hearings. � closad Motion carried, 4-0 � � r i�Ioved by Comm. Gatto, seconded by Co:nin. 0'Keefe to recor*u to th � 2.-Z-73 City Council approva)_ of applic�tion 2-Z-73. a;�proved AYES: Cor�an. Gatto, Nellis, 0'Keefe, C'tzairman ButnPnuth NOCS: None � ABSENT: Corim. Adams � 1�loticn carried, 4-0 i � . � � . � �C-36 MINUTES OF THr rEHRUARY 26, 1973 PLt�N�ING COMMISSION MLETtNG , o��� 4 2. ApplicaCions 2=TM-73 and 1 V-73 of LEE YARBOROUGH: Application requesting appr_oval of a tentative map t<� le�a.lize an existing 1.4 acre pa�cel in accordance �aith the provis�ons of Ordinance r3o. 568; � variance frors Section 86.2 uf the A�rictiltural-Residentzal Ordinance No. 220(i) to reduce the acreag� requirement for use of an on-site sewage disposal system fror.t 4.9 acres to 1.4 acres. Said�pror�erty is in an A1-43 (Agricultural-Residential, singie-fariily, or�e-acre lots) zone and is iOCBt° approximately 2400 feet fro*n the intersection of Regnart Road and Lindy Lane on a private road extending from Re�nart Road. First Iiearing. The Planning Director suggested ager►da ite� 3 be discussed along with item 2 since the two properties are adjoining. � 3. Applications 3--TT1-73 and 2-V-73 of R�CHARD H. CFIILDRESS : Apnlication requesting approval of a tentaCive r:ap to legalize an existinY, 1.36 { acre parcel in accordance with the provisions oi Ord�.nance No. 568; j variance from Section 86.2 of tl�e AgriculturaJ_-Residential Ord�nance 1 No. 220(i) to reduce tlte acreag;e requirement £or use of an on-site s�wage disgosal system from 4.9 acres ta 1.3b acre:•. Said �ro1�erty is in an A1--43 (Agricultural-Residential sin�l.e-zaMily, on�--acrs lots) zone an� is located aiproximately 2400 feat rrom the i_n�Prsection � of Regnart �oad and Lindy Lane on a private road e.;*�enci::.n� fro;,1 Regnart Road. First Hearing. � � . Tt�e proposal � � The Planning Llirector revie�aed the pr�posals . Th�r� ;�as cons;de.-able . j disrussion about t'.ze legality of the 1_ots. The properties were. creat�d � j by deed prior to the *�larch 4, 1972 deadlin� spec��ied in Ordinance iE568; � therefcre, the reli.�f ineasures afforded by tne ord�.nance are an�licab�e � to both parce_1_s . A map was f� led to legalize t:zn �ar?:orou;;h parc�l ir 1968 by the previous ot�mer along �vith tN�o oth2r ;.arcels. Th� Chzlr,_ress �` parcel (also a���ned by another narty) t erroneously excluded irom i:he imap. As in the case of similar maps in t::e Regnart C_�nyon�area, the � approval u*as conditioned to require norr.lal subd �vision i��iprovement5 prior j to issua�ZCe of a building peri�lit. That map has since ex�zred. The County Health DepartmenL has revieu�ed both �.�rcel_s and found them to be suitable ror on-si.te di<�posal systr��.s> T'1� C':.'1,',r^:;-..s ';o_: ,.,, � connected to a sep�ic tank. Hardship �As was brou ht out �ecentl in a si�ilar variance rec�est ttle lon € Y I � � described � distance from t�ie propert�es involved to an existing sanitary se��:er li_ne � creates an undue tiardship. There followed a review of tre recon:� conditions if the aprli_cations are apgroved. , MINUTES OF THE �EBRUARY 26, 1973 PL�'�,.'VIdING COriMISSION M�ETING � PC-86 Page 5 Mr. R. H. Childress, 2025 Regnart Road, Cupertina, said his home �Applicant's was consrructed some twelve years ago. These urolilems arose when istatements he applied for a permit Co add a room to his 'tiome. He tt:en learnedi he liad to f i1e a tentative l�ap and get a variance for the septic � tank that is already on the property. He a.lso then learnPd about the street imrrovement requirement, He ex�lained that surveying and geologica? studi�s had recently been done on the adjoining properCy and hoped that it would suffice for his property as �oe11. The Planning DirecCar anst��ered Comm. Nellis that the Central Fire Fire Dept. doe � �larshall had indicated they are not opposed to tr.e variance, not object � The road in the area is� 16' wide �,rith an approxi:-late grade of 15%. Cor.un. Nellis questioned.whether or not the City can ask for storm Stor�n drain fe drain fees on this hor,ie that has existed for twelve years on this si'te. Cha:�rrian Butheiiuth asiced for corunents from the audience. iTrs. Dorothy t,'right, 22303 Res;nart Road, suggested the requi_red �1eig?�bor's fees were "le�al bl.ackmail". She asked rhat the YaYborough appl�-� stateMents cation not be appraved since•it would set a precedent and a City j statt riember should have ��.nticip�.ted the prooler� �ahen he decided � to purchase the pro�erty. S:�e feels tnat lot is conpletely � unbuzidable since none of it is level. She felt the Childress a��plication s��ould be approved because at least the structure is built on a knoll. The Assistant City Attorney e,:p.lai•ned t:�e le;al aspects cf the � casz and said. the 5tate is atte��ptin; pass legis:tar__�_cn ��;hi_ch �aill � protect the cor.sui�er in these cases. � �Irs. Joanne Golsan, 22125 Regnart Road, said she a�proved of thQ ` Childress pr�posal but not the Yarborougl� pro;�o�al. � The Assistan� City Attorn�y said the Childress rn.atter ?s a non- cenfor!ning use and the Yarborough matter is a non--conforming l�t. Moved by Cor.!m. Gatto, seconded by Comr.m. Ne11is to close the nublic ?3�aring Public Hearing. closed Motian carried, 4--0 � PC-86 r1INt1TES OF THL'' FEBRUARY 26, 197•3 PLANNIN� COi�I��1ISSI0N ME�TING Page 6 � 2-TM-73 �Moved by Comm. Gatto, seconded by Cor.im. U'Keefe to recommend r_o tt�e a�groti�ed ,Ci�y Council approval of application ?_-TM-73, subject to the 14 sta_idard ,conditions, condition 15 as amended at this me�ting, and conditions 16, i7 and 18 as noted in the February 2.3, 1973 staff inemo. AYES : Cor.im. Gatto , 0' Keef e, Chairman Buthenuth i NOES : Comm. Nellis i AIiS�NT : Comm, Adams � . ' � Motion carried, 3-1 1-V-73 Moved by Comm, Gatto, seconded by Comm. Nellis to reromz-iend to the dnnied City Council denial of application 1-V-73. AYES: Comm. Gatto, Nellis, 0'Keefe, Chairnan ]3uthAnuth �NUES: None j ABSENT : Co^u Adams � Motion carried, 4-0 � 3-T:S-73 Moved by Conun. 2dellis , seconded by Comm. Gatte t� recommend to the ap�r�ved 'City Council approval cf application 3-TNI-73, subiect to th` 14 s�andard � conditions, condir_ioti 15 as ar:ended at this ;i:2Pt?Il,'r�. � cor.dition 16 with � the �aords "unless wai��ed by the appropriate City C`ficer" added at the � end and conditions J_7 and 18 as noted in I'ebruary 23, J_9i3 staff ine-.�o. � j AYES : Comm. Gatto ,�tellis , 0'Keef e, Chairmaii �3uthenuth . � �NOES: None • Ar SER'T : Comm . Adams � Mation carried, 4-0 � 2-•V-73 ��foved by Comm, Nsllis , seconded by �Com,:�, Gatto to recomrnend to the u��rov�d City Council approval of applicarion 2-V-73, subject to the l�+ stunuar� � � , � conaitions and cond�tion 15 as nor.�d �n Feh:-�tar�.T ?3, 1.973 ,.t:=:; r,;;e;,: � It is further noted that this � s hv�n� cione because tile house has Sexisted for sucn a long p�riod of tirne. � AYES: Comm. Gatto Nellis G'i<ee�e C1lairm�n liutiiei�utll . 9 ! ) '�10E� : Nor.e � t1B S E:VT : Co?nm , Ad ams votion c�trri_�ci, 4-0 . � TIINUTES OF THL rEBRUARY 26, 1973 PLANNING CO�tI5SI0N MEETING PC-86 Page 7 4. Application 3-U-73 of DAVID L. FLUITT for Use Permit to allow the utilization of an existing church facility to conduct church services and educational activities in connection caith a pres�hool_ and elementary school. Said pro;;erty is zn a BQ (Quasi-Public Building) zone, being located �aesterly and adj a- � • cent to �Iaxine Avenue approximately 220 feet soiitherly of the intersection of Homestead Road and Maxine Avenue, Fir�t IIeariri�. The Associate Planner revieiaed the map and the previous applicatio�s � on this property. Colored slides of the site �aere dis�la;�ed. I The ne�,� The current proposal is to usE the church facility for reliQious � pro,�osal services on Sundays and Thednesday ni;'tlts and educatioral activitie� durin� the wor.k week. The app.licant proposes a:aaxi-aum enrollment of 50 elementary school cizildrea and 85 preschoolers on the proger v at one time. The State Department of Social ��e].fare is the licens �, ing agency for the preschool activity and th2 State Degart:�ent of Education regulates the elementary school, This ctirrQnt propos�l is to relocate the playground on the northerly section o� the . properfiy, wh �ch �ail? lessen the noise inpact of tne sc.hool. Tt�e parking area currently exists and will £ adequat�ly � for the liriited Sui�dav Ci7urch services and loading and unloading of children of the sc�ool. Tne Architectura_t and S;.te A� proval Cor,u:iittee �•;ill rev�e��� th.e landscapin^ and fenc?ng nlans. i Chairman Buthei�ut questioned whether the building� k�ere l.arp,e � Too cro�:ded? enough to accocamodate 135 punils. It ���as noted that the a�plicant� �ti�ill have to i �eet 1_icensin�: require�.ents . � i Attor_ney Jarry Bartha].ow, 122 Sarato4a Avenu2, said tiley ar° i_n � • excess of the required square footage, botz . ar.d ou�sid�. s � Mr. David I'lui.tt 39°3 4�?ill P,o¢ers Drive San Jose ex Iained the �`:<� � ,> > 3 F 1 r p r o p o s e3 scl.00l operati.on. T r�� y are ogen fr�;n o:3Q A.�1. to 6:30 P..1, to �?rogra?a ac�o:<<modate �aorking pax•ents. Their cla�ses run for 8 hours. , P.reschool runs it•o�n 9 A.M. to noon and fro:n 1 P.M, to 4 P.M. , c,=ith � 1/2 hour outside. play per 3-hour sE.ssion. Ti�� �•�ill be no more � than 85 preschoolers at one ti-ne. Elementary students wi11 brin� � their 1_unches �r�d eat in the classrooi�s. The teacher-�student . ratio is 1:20 for the el�::entar_y students and 1:12 for preschooler�. Comm. 0`Keefe asked �•ahat provisions are made for the chil_dren in ' incler:ient �aeather. The appl.icant felt tha classreor�fs �•rere adequat �. . �1r. Fluitt said there is no zelatian bet�aeen this grogram anc� the proposed chu.rch operation. ' I , � FC-8�i � M�NUTES OF THE FEBRUARY 26, 1973 1'I.ANNIhG COMMISSION MEETING Pa�e 8 � �� i hairman Buthenuth ask�d for commnnts from the audience, i � .", conunercial � tirs . 0' Dou, 10924 Maxitie Avenue said this is a much l�ntter proposal -aenture i.n � thun the previous ones. However, stle is still concerned about the residential traff�c ~i_Y_uation. She also noted that this appears to Ue a corlmercial ar�a venture in a residential area. � t 3c�ilding safety j Juanita ��cLaren, 221_Ol Lindy Lane, asked about the safety of th�se �buildings that will house �o many children. Are they earthquake- � Proof? tti'hat about f�cili.ties for small childreri �o lie. dot�m? What about no* tood? She also felt this o�eration wouJ.d be detri;�ental � to the ne�a Mackey hones n; arby. Traftic and � Mrs. Miranaa, 10921 P�axine Ave�zue, �aas concer_ned about traffi� and :�ei5e *�roblems �Itne proxir�.ity of the playgrcund to her r_esid�nce. Her bedrooms are I 2U' fro� the property lin2, and one pers�n in her home ��7o�'lcs swing � snift . :�*reets can � The Traff ic En,s�,ineer said the City anticipates a traffic �ignal at itat�dZe the Maxine �nd F�omestead taithi_r1 �ive ye.ars. He did not believe th:is tsa{ric �pruposal woul_d geneYate too much additional tr�ffic for_ these streets. :.c`r.00l ��•.�elcome ?�1r. �I.��.r.tin Hall, realtor, said �:�zople Yie lcnows in th� Ttackey deS7elo�:�ent :_n ti:� �.reu s;-.elco�ae t.ie school because they T.:ay tak� advantage ot it. �pbuttal � rlr. �u�°tiiUlow said th� State taill_ tiave to arprove the building5 in order ; to c�btain the lic�nse. The a7e grou� ss=_rvea wil]_ be 2-1/2 years through ; s;x.th grsder_s. He stressed tr.at all r_eeded facilities wii]_ be r a ��ost of the traffic wi]_1 eccur at 9 A.T�, and at 4 P .�1. 'u�lic �iearing ��fo�;ed by Conm. Gatto, seconded b;% Conun. 0`Keere ro ciose the Public � c:iosed � fiearing. ! . � Motion carried, 4-0 i i I Cc?r?:n;_ssicners' i�om��. 0'Keete felt that the number of car.s aener.ated in the are� by rhi_s a�ac�rvations � proposal. will have a s�..gnif�can� etfecr on i�iaxine Av�nue. � C�m� Ne1J.is telt �his cyas an a�pro�riate use for tna site. � �Co-�.m, Ga*to suggested that perhaps'some of th` asphalt parkin� area could bP cor�verted ir_to g�i a.;�gro��nd ar.ea, 1'he a; plicant r_hought this �,tas a �ood � s�_ig�;estiori and tizill �x��lore t.?ze po-asiU_�lity. � Chairnan �uthenutii feLt the orop.�sa.�. ofrered no specia? prcb� ems. � � � 1 s � . � � � . MINliTES OF THE FEBRUARY 2b, 1973 PI,ANNING CO��'�IISSION MEETING PC-86 . Page 9 iioved by Co�m. Gatto, seconded by Comm. Nellis, to anprove 3-U-73 application 3--U-73 as proposed, subject to the 1<< standard condi- ap�roved ti_ons and conditions 15 through 20 as listed, �aith ttie addition of ;a/conditions � the phrase: "outs�de the buildin�." added to the end on condition ]_ 9 . Comm. 0'Keefe raas concerned that the student population proposed was a bit high. AYES: Cor,tm. Gatto, Ne11is, Chairman Buthenuth NOES: Comm. 0'Keefe TSotion carried, 3-1 Chairman Buthenuth called a recess at 9:�+5 P.T1. The me�ting reconvened at 10:00 P.i�i, 5. CITY GF CUPEP,TIi10: Public �?earin� to consider 1973 Compre- hensive Genera.L Plan. � POSTi�'JNED �'1T THE BEGiNN1NG OF THE i�EETING. � I U:;FINISHED BUSIN�SS: None. • NEW BUSI�?ESS : � � f 6. D�scussion of amending ordinance to �.rovid� for mail.inQ � nutices to adjacent property ocaners. 1 POSTPONED AT TH� BEGINNING OF THE i�fLETING. � x 7. I.I:ONARD TARt��TCLA -- Request tor rtcdification of hei�ht stan-- dards to permit a 3-story structure in residential zone as � provided by Section 69.3 of Ordinance Nc. 220(g), hei�;ht re�ulati.ons. Lot 38, Inspi Heights Suhdiv ��iercedes Road. The Pla._ning Director reviec•.ted the site arid the agplicant's � PZini?nu*� . nlans. The overall he.��ht of tiie structure i,a less thari t:h:irty ( d:i_sturbance feet. No existing trr�es ��Jil1 nave to be r���r�oved. There �7 ii_1 be i of the land a minimu� of �;radi_n�, The Director :>a:id modificatio�,.s can ue � apgroved on an it�divid�zal ba5is , � . � �. � .. �;--$6 :�1:lNti'1'i:� OI' TIiL I'i:iS?:ir1�:;`: , 26, _1.�73 LT./1iI:�:Ltr`G CO1tTt1��SI0`�' �`IT?l'.7�T_NC� .. ,�;e 1Q • � . � �tYaI1LOl�i 1`iOV�?Ci IJ',J LC)f^;�1. Ca�lt�.0� SE'.CO11C�^C� [)�' �.'OPli'l. ����eC'�:..' t0 anprove the. con- :^..�ll4SZ [�L"��llt:E?Ci •`��:L'Ll:�t=�'.00I ��� �3 t11Cit'—:> ::tructur�_� 1)V T'IC. �1�3T�2.ilL(.�l.�l �S �i.locar�d ��' Se�e:io�1 69.3 oi Or.d�_nan�c� No, 2?0(g) . T��� it: i�;ht cioes not �:-:ceed r 30 re�L , and the lo•::er fl_oor is not used T o1� i-es:_;1�� purpo:,es . t�pproval i.s sub;ject Co r;�;hit�:�.0 A. . AYES: Co^�m. Gat:to, i�e11_is, 0'Keef_e, Chairman I�utnenuLh Til��s : ;�OIl° ' • ��s;.�•r : c��.,, . �a�� ;,5 � t•iot_i.on carried, 4--0 R�'.FG?:T OF PLA�NiNG CC`��1ISSI0�1: Vone REP�RT OI� PLAr��i:\G DI2; C"iQR � The I)i rect��r not if ied the C;o;r.TM..issioi��r-s o` a pend>;.nb la':'.�ui_t and the f dl: t il:l?: t::iE'.\' .:�1J IlaV(? t:0 ;?O :i0:•iIl t.0 t:!it� C.OL1T'L't:Cll:>�_'_ OL1 iiu � C�1 / t}1. He t�.:.),I keen ti:e:-� a»p? oF the situatio.l. An J Ol, �� .�`` ILN'1 • T'10`J£.'Cl �j� �.O..i.^.. (��ii.ZO � ;F�COIIC�EC� b�� C`?::�1. ����:E';�' Ir0 <3C�.j011I":1 �:?C '.:;'_£'..i.J-il � ar 10:J 0 �'.�i. .•Sc�tion carr �.e�i, �+-0 � • APPRQV.ED: • . _ _. _. _ _ /s/ Jotin �d. Bti thenuth ' Chai AT'1'?�' ST : • I ;+/_ t.�inr..E�. �''? er __ � � �i_� y Cl�rk