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PC 05-10-65 ~ (;/ 0· , l f'C-J{B t..iü ,:.,(') L¡ ) J'-"......-... . C T T Y 0 Feu PER TIN 0 C~l11'ornia MINUTES OF THE REGULAR t1EETING OF THE PLArmìNG CŒ!!To!ISSION May 10, 1965, 8:00 P.M. Meeting was held in the Board Roo~, CupGrtino Union School District, 10300 Vista Drive, Cupertino I SALUTE TO THE FLAG XI . ROLL CALL:. Hinutes of the previòus meeting: 4/26/65 CO\Tlm.. present: Frolich, Hirshon, Johnson, Traeumer, Gàtes Comm. absent: None . Staff pre.s.ent :])ir.. of Public Works, . Frank Finney Dir. of Planning, Adde Laurin Plan.' Dept. Secretary, Sylvia Hinrichs Recording Se~retary; Lois Inwards Moved by Comm. Traeumer, seconded. by Comm. Johnson, to approve the Minutes of April 26th as read. Motioncàrr~ed, 5-0 III ANNOUNC~IENTSOF POSTPONEMENTS, ETC. Chairman Gates ¡mnOl.:.nced that Item A under Section VI, HEARINGS SCHEDULED, h~s been postponed. IV WRITTENCOMMµNICATIONS ·1. Message Of res:J.gnation from .Comm. Small, effective a& of this date. Moved byComm. Traeumer, seconded by Comm. Frolich, to accept w.ith regrets the resignation .of Comm. Small. .. Motion carried, 5-0· 2. Written communicatiòn from Director. of Planning re changes in wording of Ordinance that was presented at the last Planning Commission meeting. Moved byComm. Traeumer, seconded by Comm. Frolich, to accept the proposal for rewording of the Ordinance, p~r the. Dir. of Planning .1 s memo of May 6th. Motion carried,5-0 ,....1- pC-R8 3. We have been notified the Board Foom wiJ.l not be available for the Planning Commission meetings of May 2L!th and j'llne 14. The meetings for those two dates only will be held in the Portal School Library. 'I'he Pres:.: V¡[iS asked to note this in their news articles, in addition to the advertisements. V VERBAL COM~NICATIONS: There were none. VI HEARINGS SCHEDULED: 8-v-65 5-TM-65 7-u-65 A. R. B. & R. WOOLEY: Application for a Variance in Lot Size, to allow 2 lots approx. 0.95 acre each in an A-2:B-4 Zone; north of Lindy Lane. Second Hearing. Also Tentative Map; First Hearing. Items 8-v-65 and 5-TM-65 were postponed until the next regular meeting, The applicant had submitted a letter stating that there had not been time enough to complete the Tentative Map required by the City. B. THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO: Application for a Use Permit for extension of the church site of St. Joseph's Parish. First Hearing. Mr. Henry Chescoe, 1636 Bush Street, San Francisco, and Monsignor Ryan represented the Church. Mr. Chescoe said that since the last project (the school building), the Parish has acquired an additional ten acres for the purpose of building nine classrooms and a convent building for the teaching Sisters of the Parish. The Director of Planning said there should be a 20 ft. rear yard setback against residential property. There should be a 40 ft. setback for buildings two stories or higher. The 12 Standard Conditions should also be applied here. At the time they ask for a building permit they will be re- quired to conform to the parking restrictions. Ingress and egress were discussed. It was learned that this is a long-range plan that is presented tonight. This Use Permit is for the 10 acres which they recently acquired, over and above the area covered by the original Use Permit. The Director of Public Wor]Œ said the original Use Permit says that at such time as it was requested, the frontage on Saratoga-Sunnyvale Road will be dedicated and improved. He said that time has come. It would also be in order to do this on Forest Avenue at the time this street is extended west of Vista Drive. Moved by Comm. Traeumer, seconded by Comm. Hirshon, that the Public Hearings be closed. Motion carried, 5-0 -2- PC-R5 ~~t!1n'!-:ep. o£ Lone Regular Ivleeting c:' the Planning Commission" May 10, 1965. ----------------------------------------------------------------------- ..'.....' Moved by Comm. Traeumer, seconded by Comm. Hirshon} to approve application 7-u-65, sub~ect to the 12 Standard Conditions, the 20 fto rear yard setback, the 40 ft. setback where there wilJ. be two-story buildings. A section of Forest Avenue shall be dedicated and improved when necessary. '.'.- AYES: NOES: Comm. F~olich, Hirshon, Johnson, Traeumer, Gates None· Motion carried, 5:'0 '5-u,;;6i)'C. Jr. ~. ,-'" - , _.'C. CRUnCH OF'·THE NAZARENE: ,Application :tor a Use Permit for a church site; south öf'McClellan Road between StEÌlling Road and Kim Street.. S.eçond. Hearingo '.r'· . Mr. Dlck Pacheco, real estate broker,represented the applicant. , ' Cþ:airman Gates recapped the highlights of the First Hearing. " .,,' The.Director of Planning referred to his memo of May 6th. ·He så1dit is the duty of the City to safeguard a good street pattern, making development according to existing zon.in¡š(lO,OOO sq. ft. lots) possible. On the other hand, the. owners,. of>nearby property have had ample time to make thèirintentions known to the City, so:j.t may be said that therlghts·to a lócal street as indicated in the Neighbor- hóod'Plan have already been forfeited. Alsd, development with' flag-shaped lots may be acceptable. The proposed he:l,ght restrictions are mainly based on allowed height of an accessory building at the property line and allowed height of a main building at a 20 ft. setback in an R-l Zone. . If streets are required here, it will mean tearing down of an existing structure. He did not recommend a public street between the houses. By having a driveway between the homes} and flag-shaped lots, it would command more privacy. Comm. Traeumer said that since nobody is here protesting this application, it seems obvious thèy feel they can solve their access problems.' Chairman Gates asked Mr. Pacheco. if he had anything further to add. He said he had talked with the people who purchased one of the nearby homes, chiefly for the barn on the pro- perty which the man intended to use for his hobby. Movèd by Comm. Traeumer, seconded by Comm. Hirshon, to close the Second Hearing. Motion carried, 5-0 -3- pC-R8 Minutes of 1010", Hegular !·1eeting of the Planning Commission, May 10, 1965. --------------------------------------------------------------------- Moved by Comm. Traeumer, seconded by Comm. Johnson, to approve application 5-U-65, subject to: 1-12 Standard conditions 13. Dedication of street right-of'-way extended to thirty feet from the centerline of McClellan Road. 14. H-Control approval. 15. That no building higher than sixteen feet be con- structed adjoining the easterly and southerly property line, that building height within less than thirt¥ feet from the property line shall not exceed a height in feet of 16 + 0.45x, where x is the dIstance from the property lineo (At 20 feet distance, tor instance, allowed height is 25 feet.) At or beyond thirty feet from the property line there shall be no height limitation, except as imposed by the Architectural and Site Control Committee. The Director of Public Works said, relative to the dedi- cation, provision has been made between lots 5 and 6 for a 25 foot street. Along the frontage on McClellan there is an intended widening to the east. He recommends that the church frontage along McClellan maintain this. AYES: NOES: Comm. Frolich, Hirshon, Johnson, Traeumer, Gates None Motion carried, 5-0 5-z~65 D. 3-TM-65 ASKAM-JONES ENTERPRISES: Application for rezoning from A-2:B-4 to R-lj 9t acres on the hill west of the ex- tension of Mercedes Road. Also Tentative Map. Second Hearing on rezoning. First Hearing on Tentative Map continued 0 The applicant was represented by Mr. Gene Mastin, Civil Engineer, 40 Woodhams Road, Santa Clara. Chairman Gates recapped the Hearing of March 22nd. He said everybody has now had a chance to go up and look at the site. Mr. Mastin said the applicant wants 20,000 sq. ft. lots, and does not feel he can go ahead with the Tentative Map until the zoning is acted upon. The Director of Planning does not feel there is enough basic data here to make an accurate evaluation as to drainage, streets, density, etc. He p~oposed the applica- tion should e,ither be denied as it stands now or post- poned until a later date, which date cannot be determined at this time. The City Attorney raised the question of the granting of a rezoning based on the Hillside Ordinance as it now reads. He wants to study this further before making recommendations. -4- pC-R8 I~11nutcs of the Regular Meotin0 ot thç 'Planl:>.. ,~ cU~(Jr: :Å..!":slon, May.10, 1965 -------------------------_._---,----------------------------------- The Director of P¡annlng felt that 20,000 sq. ft. lots over the. entire area could cause hazards and destroy the beauty of the areao Also, we cannot Gondition tÜe rezoning to make a minimum of 20,000 sq. ft. lots. R··l ZoninG .would make it allowable to bulldoze the area flat enough for '7,500 sq. ft. lots. . The City Attorney na:1.d that if this is going to be residential,.it might be to the applicant I s best interest to have some more studies m'J.de. Mr. Mastin said a time limit enters inhere·, although he realizes more data is needèd. The City AttorneY said an R-l:B-3 classification co~ld be created hereo The Director of Public Works felt that what these gent1.emen are really looking for is a policy state- ment from the Planning Commission. If they go ahead wi th thè engineering, etc., wh.ich is very expensive., they waht to know if the Planning Commission will be receptive to it. The City Attorney said R~1:B-3 would require a Tentative Map. Since the Hillside Ordinance presumes R-l, this may take some clarification. Comm. Frolich asked if a rezoning could be granted with the condition that it must be developed under the Hillside Ordinance. The City Attorney said we need an enabling act to put the Hillside Ordinance to work. Mr. Mastin said the applicant is willing to postpone his application for a reasonable length of time. The Director of Planning said an overall density here of two lots per acre is far too high for this type of acreage; it should only be one acre lots. Moved by Comm. Frolich to ask the City Staff to pre- pare for consideration an amendment to the Zoning ordinance to form a new classification of zoning including most, if not all, of the Hillside Ordi~ance requirements, the actual acreage to be left open, but to include something of a development plan to give the City some sort of leverage. The minimum density ~. to be left open for discUssion, There was ho Seêond to the above motion. Comm. Johnson suggested this come under New Business. He asked if the applicant is willing to wait for this amendment to the Zon:!.ng Ordinance, if decided upon, or if he would like a decision now. -5- f'C-R8 Minutes of che Hegular Meeting of the Planning '~mllss:'_'_':1, -______~ªy_lº~_19º5_~~_____________________________________________ The City Attorney said this is A-2:B-4 now, which means one lot per acre. It may be that we could leave the zoning and apply Ordinance 47A to the existing ordinance, as it now stands, and they would come in with a map which would conform with the Hillside Ordinance. Chairman Ga te-s asked for COiD:nents from the 2,udience. Mr. Gratenhogen, 11067 Linda Vista Drive, said he is against this application because it may set a very bad precedent of something WI" do not want in the hills. He feels 20,000 sq. ft. lots are too small for that acreage. Juanita McLaren, 22101 Lindy Lane, feels this is similar to the Stone property near her home and which is now being developed. She said the property does not have to be bulldozed into pads, if properly planned. Comm. are. lems, Hirshon asked Mr. Gratenhogen what his objections Mr. Gratenhogen said there would be drainage prob- landslide problems, possible floods, etc. Moved by Comm. Traeumer, seconded by Comm. Johnson, to close the Second Hearing. Motion carried, 5-0 Chairman Gates said it seems to be a unique experience in planning to have a General Plan before an area is developed. Here is a chance to do an excellent job of planning. He feels this should be an important consi- deration in any decision on this acreage. Comm.Traeumer agreed with Chairman Gates. He said there are two avenues possible here: plunge in because an application is pending, or Ðit back and take a close look at the situation. He felt more· research should go into this before any decision is made for developing this acreage. Comm. Johnson felt that this may be feasible for develop- ment, but not under our present Ordinance. Moved by Comm. Johnson, seconded by Comm. Hirshon, that applications 5-2-65 and 3-TM-65 be denied. AYES: NOES: Comm. Frolich, Hirshon, JOhnson, Traeumer, Gates None Motion carried, 5-0 Chairman appeal. ft. lots Plan. Gates advised He added that here would be the applicant of his right of it is his opinion that 20,000 inconsistent with the General sq. -6- ];'C-hÖ l'IH1UóeS 01" the Regular I'leeting of the Plannl"g commission, _ _ _ _ _ _ _~ª:Y _lQ.. _l9Q5_ _ _ _._ _. _ __ __ __ __ __ _ _ __ __ ___ __ _ _ _ _ __ _ __ ,_ _ _ _ _ __ _ __ 50,000.1 E. CITY COUNCIL: Ordinance No, 306} Redefining Archi- tectural and Site Control Procedures, Second Hearing. Comm. Frolich had several suggestions to make. In Section 6, he feels anybody should have the right to speak up at these hearings. He cited a specific incident whereby a next door neighbor's living room window now looks out upon a duplex's driveway because t~e zoning was granted before this R-l resident purcha.sed his home and he had no way of knowing about the Architectural and Site review of the property next door. The City Attorney said there are no statutes to go by here ·so we are somewhat limited, Comm. Traeumer asked if the H-Control agendas could be published in the newspapero Chairman Gates thought it might be a good idea to publish the Council, Planning Commission and H-Control agendas. Moved by Comm. Frolich, seconded by Comm. Traeumer, to add to the Ordinance that the H-Control agenda is to be published in the Cupertino Courier the week before the meeting for all items except those that turn up at the Planning Commission meeting the night before at their regular meeting. This motion was withdrawn. Comm. Johnson felt it should be a prerequisite for items that require approval by both the Planning Commission and the Architectural and Site Control Committee to pass the Planning Commission before they are reviewed by H-Control. Comm. Hirshon wondered if it would help if the H-Control changed their meeting night. Moved by Comm. Traeumer, seconded by Comm. Frolich, that any application on the H-Control agenda that has not been on the Planning Commission agenda within the last thirty calendar days is to be published at least three days prior to the H-Control meeting. AYES: Comm. Frolich, Hirshon, Johnson, Traeumer, Gates NOES: None Motion carried, 5-0 In Section 9, Comm. Frolic.h suggested adding the words, "or in person at the City Council meeting" after the words "in writing." This was withdrawn after discussion. In Exhipit A, Item 6, it was suggested the words "and free-standin\? signs" be added, or better, that "attached to buildings be left out. -7- f'C-Hö ~Unutes of the Regular Heotlng 0:' the Planning vommission, May 10, 1965 ------------------------------------------------------------------- Moved by Comm. Traeumer, seconded by Comrn. Frolich, to suggest that in Exh:Lbit A, Item 6, the words "attached to buildings" be deleted. Motion carried, 5-'0 Moved by çomm. Johnson, seconded by Comm. Traeumer, that all applications should be sent to the Planning Commission prior to H-Control review unless waived by the Planning Commission. Motion carried, 5-0 Chairman Gates asked for comments from the audience. Mr. Thomas E. Riddle, 86 South Third Street, San Jose, representing P. G. &E., requested the words "meter boxes" be deleted from Item 1 of Exhibit A. He said this could get quite difficult and expensive to recess them into the ground. He felt they could bè concealed by landscaping, as called for under Section 7(b) (1), which would be a more practical- approach. . The Çity' Planner' said that under Section 7 (e), on page 3, the intent was that the H-Control should decide upon a check list. . The word:i:ng migh.t be: . "TheArchitectural and Site Control Committee is empowered to adopt a standard check .list." The.Comr.lissioners, however, felt . tÏ1a t tf\e simplest way to achiev:e the purpose would be to delete the 8uq-sectión. VII UNFINISHED BUSINESS There was none, :vIII NEW BUSINESS· 1. Chairman Gates brought up the item of a new zoning ordinance incorporating the Hillside Ordinance. Comm. Frolich felt this was a good time to ask the staff to start researching this. The Director of Planning sald the Cluster Ordinance might apply here, if the applicant wished this. The Department of Public Works would make necessary studies and recommendations, particularly in the area of whether the existing Hillside and Grading Ordinances would suffice to safeguard the area. Comm. Frolich repeated that we should build the actual Hillside Ordinance into a Zoning Ordinance. -8-