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PC 07-26-1993 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252 -4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JULY 26, 1993 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairwoman Austin Commissioner Roberts Commissioner Doyle Commissioners Absent: Commissioner Bautista Commissioner Mahoney Staff Present: Ciddy Wordell, City Planner APPROVAL OF MINUTES: MOTION: Com. Roberts moved to approve the minutes of July 12, 1993, as presented. SECOND: Com. Austin VOTE: Passed 2-1-2 ABSTAIN: Com. Doyle ABSENT: Coms. Mahoney, Bautista POSTPONEMENTS OR NEW AGENDA ITEMS: 2. Consideration of a request to set a public hearing for a General Plan amendment to change the designation of APN -366- 46 -004 (14 acres) from 5 -20 slope density to Semi -rural 5 acre slope density. - Applicant requests a continuance to the meeting of August 9, 1993. There was a consensus to continue item 2 to the meeting of August 9, 1993. WRITTEN COMMUNICATIONS: No discussion ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of July 26, 1992 Page 2 PUBLIC HEARINGS: 1. Application No(s) 81,004.8 and 4 -EA -93 (RHS) Residential Hillside Ordinance Applicant: City of Cupertino Location: Citywide An ordinance amending the hillside zone and hillside subdivision ordinance. Staff Presentation: City Planner Wordell presented the staff report. She noted the four areas to be discussed at this hearing are: 1. Parcel consolidation; 2. exception process for approval of development on slopes greater than 30 %; 3. clustering development in subdivisions; and 4. watercourse and riparian vegetation protection. PARCEL CONSOLIDATION Ms. Wordell stated development on any parcel less than 5 acres in size in the 5 -20 slope density designation shall not occur if it is vacant and held in common ownership with an adjacent parcel unless the property owner takes action to consolidate the parcels. Ms. Wordell noted approximately 7 parcels are affected by this amendment. EXCEPTION PROCESS FOR APPROVAL OF DEVELOPMENT ON SUBSTANDARD LOTS AND SLOPES GREATER THAN 30% Ms. Wordell stated in the Foothill Modified and the Foothill Modified 1/2 acre slope density areas, sub standard lots would have to be developed through an exception process. She noted development on slopes 30% or greater would also have to go through an exception process. She noted staff does not have the wording for the exception process at this time. Ms. Wordell stated there is not an exception process in the hillside subdivision ordinance. She noted that slope density regulations were compared to other cities. WATER COURSE PROTECTION City Planner Wordell outlined on the General Plan map where the water courses will be protected. She also reviewed the proposed amendment. Chr. Austin questioned the setbacks from the creeks. Ms. Wordell stated the Water District has jurisdiction within the flood plain and they require permits for structures within the 50 ft. setback. Also the General Plan stated that there will not be structures in the flood plain. Ms. Wordell stated that the 50 ft. PLANNING COMMISSION MINUTES 1 Regular Meeting of July 26, 1992 Page 3 setback requirement is in line with other jurisdictions. She noted there was also testimony during the General Plan hearings regarding the vegetation associated with the riparian corridors. She stated wording has been added to address the vegetation. She noted the hillside subdivision ordinance allows for flexibility for a larger setback. Com. Roberts stated it is important to pay attention to the existing vegetation and habitat as well as the number of feet. Ms. Wordell stated setbacks will be more precisely applied through the subdivision process. CLUSTERING DEVELOPMENT IN SUBDIVIcSIONS Ms. Wordell stated the concept the Commission agreed to was to have 10% developed and 90% as open space. She reviewed the proposed amendments as outlined in the staff report. She stated the intent of the ordinance is when the 90% is designated as open space, an open space zoning district could be applied and this would limit the uses. Conditions could also be added to the subdivision that would call for common maintenance and ownership of the common area. Ms. Wordell noted a letter received from the Diocese addresses some of the topics under discussion at this time. She stated any discussion relating to the 90% open space and the clustering should be reviewed by the City Attorney before any decisions are made. Regarding clustering, Com. Roberts stated he would like to see a criterium minimizing the total amount of impervious coverage on the site. Com. Doyle stated that each site will be different and he is concerned about setting prescriptive rules. Chr. Austin stated there should be a design review process for each site. Com. Roberts stated he has not seen a plan of areas which would be precluded from development based on the 30% slope and the ridgeline visibility. City Planner Wardell stated that the exception process is set up so people can seek an exception if they run into problems. She noted the Planning Commission will evaluate the exception. Chr. Austin opened the public hearing. Mr. Mike Bruner, 1144 Derbyshire, stated as the clustering relates to the diocese, the first option, as shown by staff, will not work. He stated the Planning Commission should look at specific lots and PLANNING COMMISSION MINUTES Regular Meeting of July 26, 1992 Page 4 issues as it relates to the riparian corridor and maintenance. Mr. Bruner addressed the grading. He noted there should be some flexibility and suggested that more of the structure be built into the hill as opposed to on top of the hill. Ms. Deborah Jamison, 21346 Rumford Dr., expressed concern that the ordinances inadequately protects wildlife habitat and water course from human construction. It also inadequately protects human construction from the water courses. She noted a wider setback from the water course should be required as the setback serves several purposes. She noted in March 1992 a section of Permanente Creek jumped its course by 50 ft. Ms. Jamison also noted that the setbacks also protect water quality from non point source pollution. She would like to see wording included in the ordinance. Ms. Jamison stated a wider setback is reasonable and the City should recognize that the riparian habitat is endangered and should be protected. She stated riparian biologists have suggested 150 ft and she recommends 100 ft. Ms. Barbara West, 10670 Cordova Rd., reviewed policy 2 -40 and addressed her letter to the Planning Commission. Ms. West addressed the Inspiration Heights subdivision and noted the map was recorded in 1917 which created legal lots of record. She noted these lots can be developed without meeting current criteria. Ms. West stated the City Council did a tour of Inspiration Heights and determined there were significant health and safety issues and agreed to include an earlier version of policy 2 -40. She noted the current policy 2 -40 is different from what the Council passed. She stated the neighbors would like to know when development is proposed on any of these lots and there should be a public review process. She urged the Planning Commission to stay consistent with the original policy passed by the City Council ' City Planner Wordell stated it was staff's recommendation that this would go through the Planning Director. She noted neighbors will be notified of any development and it will be a public review process. In response to Com. Doyle's question, Ms. West stated it is her belief that this would go through a public hearing at the Planning Commission level. Mr. Steve Haze, 22681 San Juan Rd., stated he concurs with Ms. West regarding Planning Commission review. He also noted Policy 2 -40 should reference Policy 2 -48 with regards to consolidating lots less than 5 acres. Mr. Dennis West, 10670 Cordova Rd., concurs with the previous two speakers. He noted he prefers a public review with the Planning Commission. PLANNING COMMISSION MINUTES Regular Meeting of July 26, 1992 Page 5 Chr. Austin stated there are few lots involved and agreed with the speakers that this should go through the Planning Commission. Chr. Austin closed the public hearing. In response to Com. Roberts question regarding consolidation of lots in Inspiration Heights, Ms. Wordell stated the policy in the General Plan specifically mentions consolidation for the 5 -20 acre area. She noted mergers were discussed for the Inspiration Heights area. She noted mergers can occur under the subdivision map act in Inspiration Heights if all the criteria is met. City Planner Wordell reviewed the proposed amendments for the four topics discussed at this hearing and the Commissioners voted as follows: PARCEL CONSOLIDATION - Proposed amendment a. RHS ORDINANCE Development on any parcel less than 5 acres in size in the 5 -20 slope density designation shall not occur if it is vacant and held in common ownership, on or after June 2, 1993, with an adjacent parcel unless the property owner takes action to consolidate the parcels. Passed 3 -0. EXCEPTION PROCESS FOR APPROVAL OF DEVELOPMENT ON SUBSTANDARD LOTS AND SLOPES GREATER THAN 30% Proposed amendments to the RHS'ordinance a. RHS ORDINANCE No structures or improvements proposed on existing, vacant legal lots in the foothill modified and 1/2 acre slope density designations of the General Plan which are substandard in size shall occur unless an exception is granted. The minimum parcel size in the foothill modified slope density designation is .286 acres or 12,446 feet. The minimum parcel size in the foothill modified 1/2 acre designation is „478 acres or 20,832 square feet. Passed 3 -0. Site. plans for all development proposals shall include topographical information at contour intervals not to exceed 10 feet and a horizontal map scale of one inch equals 200 feet or larger. Areas where slopes exceed 30% shall be identified. No structure or improvements shall occur on slopes greater than 30% unless an exception is granted by public review. Passed 3 -0. PLANNING COMMISSION MINUTES Regular Meeting of July 26, 1992 Page 6 b. R -1 ORDINANCE Sites plans for all development proposals shall include topographical information at contour intervals not to exceed 10 feet and a horizontal map scale of one inch equals 200 feet or larger if the property contains areas of slope greater than 30 %. Areas where slopes exceed 30% shall be identified. No structure or improvements shall occur on slopes greater than 30% unless an exception is granted by public review. Passed 3 -0. c. HILLSIDE SUBDIVISION ORDINANCE Grading on slopes greater than 30 %. Site plans for all subdivision shall include topographical information at contour intervals not to exceed 10 feet and a horizontal map scale of one inch equals 200 feet or larger. Areas where slopes exceed 30% shall be identified. No improvements shall be proposed on slopes greater than 30% unless a finding is made that greater negative environmental impacts would occur if 30% slopes were avoided. Passed 3 -0. WATER COURSE PROTECTION City Planner Wordell stated the proposed amendments for the RHS Ordinance and the Hillside Subdivision Ordinance needs to be clarified and staff will review these for the next meeting. The Commissioners discussed the 50 ft. setback from the top of the bank of water. Ms. Wordell stated the Hillside Subdivision Ordinance has more flexibility for the set back, but requiring a larger set back for individual lots may render them unbuildable. She noted most individual lots are along Regnart Creek. Com. Roberts suggested exceptions for individual lots. Ms. Wordell stated exceptions can be made or an applicant would have to apply for a variance. Com. Roberts requested more evidence that proves a 50 ft. setback is adequate. He suggested 50 ft. setback from the vegetation. Chr. Austin concurred and noted more information is needed before making a decision. City Planner Wordell stated she will look into the setback for riparian corridors and will also look at the individual lots affected by this. There was a consensus to continue this to August 23, 1993. PLANNING COMMISSION MINUTES Regular Meeting of July 26, 1992 Page 7 REPORT OF THE PLANNING COMMISSION: Com. Roberts noted he met with staff from the Planning Department regarding the Bio- Regional Planning Concept. City Planner Wordell noted this will be placed on a future Agenda as a discussion item. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: The Planning Commission adjourned at 8:33 P.M. to 1 the next Regular Meeting of August 9, 1993 at 6:45 p.m. - Respectfully submitted, Ca t , M K(k llcu d Catherine M. Robillard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of August 9, 1993 Donna Austin, Chairwoman Attest: Roberta Wolfe, Deputy City Clerk