Loading...
PC 05-29-75CITY OF CUPERTINO, STATE OF CALIFORNIA PC-191 1.0300 Torre Avenue, Cupertino, California 95014 Page 1 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ONMAY299 19759 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO', CALIFORNIA. SALUTE TO THE FLAG The meeting was called -to order at 7 :3'8 p'>me ,b'y" Vice=Chairman Adams with the Salute to the Flag. x ROLL GALL Comma present: Adams; Cooper, O'Keefe, Chairman Gatto (8:18) Comma absent: Woodward Staff present: Assistant Planning Director .Cowan Assistant City Attorney Kilian APPROVAL OF MINUTES Moved by Comm O'Keefe, seconded by Comm, Cooper to.postpone the approval of 'the minutes until later on the agenda. Motion carried, 3-0 POSTPONEMENTS Upon recommendation of the staff, it wasmovedby Comm. Cooper, 6-TM-75 seconded by Comm - O'Keefe to postpone application 6-TM=75 to continued to June 9., 1975. June 9tli... Motion carried, 3-0 WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS`-- None.' i P C-191 Page. 2 5-Z-75 approved MINUTES OF THE MAY 29, 1975 PLANNING COMMISSION MEETING `UBLIC HEARINGS Application 6-TM-75 of MAY INVESTMENT COMPANY Postponed to June 9, 1975. 2. Application 5-Z-75 of ROBERT M. AND PAMELA J. GREGORY: REZONING 0.29 acres from Santa Clara County R1-10 to City of Cupertino R1-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southwest corner of the inter- section of Santa Paula and San Leandro Avenues in Monta iista. First Hearing. The Assistant Planning Director stated that the City is in the process of rezoning and prezoning t:iis area. The applicant has also filed an application for rezoning since the time frame for the City application was unknown. He then referred to details of the May 23, 1975 staff report on this application. Since subject parcel consists of two lots of record, a parcel map will be required in the P.vent the applicant wishes to build in a location close to the existing property line dividing the two lots of record. Mr. Robert M. Gregory, 160 East Remington, Sunnyvale, stated he would appreciate it if this application could be expedited in any way because he would like to take advantage of the summer months to construct his home. The Assistant City Attorney advised that the problem here is that the annexation needs to be, heard by LAFCO. The applicant was advised to contact the LAFCO staff. Since there were no comments from the audience, it was moved by Comm. O'Keefe, seconded by Comm. Cooper to close the public hearing. Motion carried, 3-0 Moved by Comm. O'Keefe, seconded by Comm. Cooper to recommend to the City Council approval of application 5-Z-75 in accordance with the staff recommendation. AYES: Comm. Cooper, O'Keefe, Vice -Chairman Adams NOES: None ABSENT: Comm. Woodward, Chairman Catto Motion carried, 3-0 MINUTES OF THE MAY 295, 1975 PLANNING COMMISSION MEETING I PC-191 Page 3 3. Application 6-Z-75 of CITY OF CUPERTINO: REZONING AND i PREZONING'52>3 acres from various City and County zoning districts to zoning districts which are consistent with the adopted General Plana The 52a3 acres are generally located i in an area bounded by Stevens Creek Blvd. to the north, ► Scenic Drive/Mira Vista Drive to the east, McClellan Road to the south and by Foothill Blvd. to the west. First Hearing. The Assistant Planning Director stated that, since this applica- 1 tion concerns both City and County properties, additional copies 1 of the staff report had been printed and were available at the meeting for,the audience to help them understand the.proceedings,j He then,reviewed the existing and proposed zoning maps for the! area under discussion. i The Assistant Planning Director stated that. the proposed action' g p p ,would not affect.the current status of the properties involved, ;but rather it would help the people when .and if they decide to ?; improve their property by alleviating the cost of prezoning and by speeding up the process. Although the County lots .are zoned 10,000 sq. ft., a considerablel; number of them are less than that so the staff felt that Rl 7 5.:"" would be a more appropriate zoning for all the lots with the .exception.of the service station on the corner of Stevens Creek: Blvd. and Foothill Blvd., and duplex lots along Walnut Circle and the northeast corner of McClellan and Foothill Blvd. .Vice -Chairman Adams asked for comments from the audience. Mr. Harold Stevens, 10300.Mira Vista, stating that he was rePre- senting..4 homeowners on his streets said they were very much against being annexed or prezoned by anybody. They.wantuto remain.in the same status they have enjoyed for some.20 years, The Assistant Planning Director stated that the policy of the Cit` ,is that the only way the City can.require the already developed properties,to annex would be in the event that they needed to expand their water service, Mr. Stevens stated the home owners do not want Palo Vista, Mira Vista :or.Scenic Blvd. widened -because this .would only, serve to increase traffic in their area.* 'C-191 I MINUTES OF THE MAY 29, 1975 PLANNING COMMISSION MEETING Page 4 Mr. George P. Davis, 10620 Merriman Road, stated his fears of over- population of the area. Traffic and crime have already increased. In the case of a natural disaster, he was concerned that the people would not be able to get out of the area nor to survive in the area. There are no stockpiles of water or food. The small lot sizes do not allow room for gardens. Places for the children to play are disappear- ing. It is becoming too noisy for the convalescent hospital. The fire and police protection are inadequate. He asked the Planning Commission to allow the area to develop very slowly. Mr. J. N.Tye, 10271 Scenic Blvd. objected to the rezoning. He felt there must be some ulterior motive for a rezoning on such a large scale. He asked the Planning Commission to reconsider the present open space and minimal traffic. Comm. Cooper asked the staff to again explain the proceedings. The Assistant Planning Director said the State Law dictates that the City's zoning map must coincide with its general plan. There are only approximately 30 vacant lots in this area. It is necessary to rezone all the City property. The City wishes to prezone all County properties within our Urban Service Area in order to tidy up the map. Comm. O'Keefe noted there was a significant number of peoplf. in the Community who wished to maintain the 10,000 sq_. ft. lot designation and wish to retain the rural atmosphere. Cupertino's ordinance now allows lots with this designation that are actually less than 10,000 sq. ft. to be developed. On these bases, Comm. O'Keefe was in favor of recommending R1-10 designation rather than R1-7.5. Vice -Chairman Adams was answered by the Assistant Planning Director that there would be no problems with setbacks on those lots that might be less than 10,.000 sq. ft. in size. Mrs. Ann Anger, Monta Vista, stated that there was a time when the people. had to be very concerned about developers coming in and ruining the area. However, she had much confidence in the present staff and public officials and that this proposed action will protect the people from the undesirable developers. She said her years of work on the Citizens Goals Committee and other committees have indicated to her that everybody wants low density in this area. She noted how the large shopping center at Stevens Creek Blvd., and Foothill Blvd. was prohibited. She is in favor of preserving downtown Monta Vista. We are talking about the "Gateway to the Foothills". Mr. Bill Hyatt, 22399 Janice Avenue, said his brochure from Ditz-Crane did not sound at all like Mr. Davis' statements. He spoke in favor of single family residences in the area. v WPM 9 MINUTES OF THE MAY 29, 1975 PLANNING COMMISSION MEETING PC-1.91 Page 5 Ms. Stella Kester, longtime resident and property owner, noted that years ago, all the property along McClellan was zoned for duplexes by the County, She said she paid for 3/4 of the sewers in the area. Now her property is being down -zoned„ She would like to retain her duplex -designation.. She said her light industrial property on Imperial Avenue will be sold in 1976 She has some 200' frontage along Almaden Avenue that she would like to dedicate to the City for park purposes Ms„ Kester said the City took her commercial property away from her tahen she had her back operated on; she should have had her head operated on, too. Mrs, June Vernon, 10228 Mira Vista, said she prefers the rural atmosphere presently in her area. She asked what would happen to the tax status of the properties if this proposal is approved The Assistant City Attorney advised that the tax rate probably wouldn't be much different but the assessor's office may rule tha the property is worth more and assess it higher when it comes into the City„ Mrs Anger said she has made an extensive study of the tax roles And came up with some surprising- facts. She stated that some County.land is assessed higher than some City land. Mr., Charls Wetlen, 10280 Mira Vista Road, said the people in his area do not want to -join the City and asked if it was ,_possible for the City to force annexation. The Assistant Planning Directo again explained the State requirement„ He saidtheCity is not forcing the property owners to join the City by this action„ Comm Cooper said this entire exercise is academic; but it is. required by State Law. Mr. Joseph Blake,,10317 Scenic Blvd., said he could not under- stand this prezoning, which wi'l help the City but will not help the property owners„ He noted that the County has them on its plans, which should fulfill the State requirements, He does 'not want the City of Cupertino to have his property on its maps-„ The Assistant City Planning Director said that in terms of.good planning it is not good to have spots or islands of unplanned zoning. It is essential to prezone those properties within Cupertino's water service area. In response to Mr. Blake's request for a negative or positive - answer, -the Assistant -City Attorney said the State does not require prezoni.ng.of County property. If PC-191 Page 6 MINUTES OF THE MAY 29, 1975 PLANNING COMMISSION MEETING Mr. Roy Davis, 10620 Merriman, asked if they are going to be taxed on the basis of 7500 sq. ft. lots. The Assistant.Planning Director said the Assessor bases the tax on fair market value of property. Mr. Wetlen asked if the City would accept a petition indicating the people do not want to be prezoned or annexed. The Assistant City Attorney advised him that it would be accepted. Mrs. Jeanne Mott, 10399 Mira Vista, stated that she likes the low - density, rural area. She likes 10,000 sq. ft. lots. Mr. Frank Purcell, 10411 Mira Vista, felt this entire exercise was a waste of the taxpayers' money if all this is not necessary. He asked if those lots at the corner of Stevens Creek Blvd. and Foothill Blvd. were large enough for homes. Ile was told they are. Mr. Barney Stephenson, San Leandro Road, asked if the City is going to take his property. The Assistant Planning Director again explained the proposal. Realtor McDonald, representing Mr. Harry Chow, who owns commercial property at Foothill Blvd. and Stevens Creek Blvd., opposed the down- -oning of this property to residential. Ile is concerned about the consistency of the general plan with the different kinds of zoning planned for all four corners of this intersection. He said he has been unsuccessful in interesting anybody in Mr. Chow's property for residential purposes. Vice -Chairman Adams explained that there have been many months of deliberations preceding these land use decisions. Much public input was taken into consideration. Mr. McDonald wanted the record to show that Mr. Chow's property has been exposed to the market for a substantial length of time with no response. He wanted to register his concern on Mr. Chow's behalf. The Assistant City Attorney advised that by State Law, when a zone is changed the tax assessor must be notified and adjustment may be made. If appealed to the tax assessor, perhaps a retroactive adjustment can be made to the date of the general plan. Mrs. Anger said her study included commercial and light industrial zones. She said there are some light industrial zones assessed for less than some single family residences. Mr. Hyatt, of Janice Avenue, wanted the record to show that the people in the Di.tz-Crane development at foothill and Stevens Creek Blvd., are concerned about over-developmer:t in the area. Moved b Comm. O'Keefe seconded b Comm. Cooper to close the y > 5 p public hearing. Motion carried, 3-0 Chairman Gatto abstained MINUTES OF THE MAY 291$ 1975 PLANNING COMMISSION MEETING PC-191 Page 7 Comm., Cooper said she is finding -great frustration in trying to communicate with -the people in the area under discussion. She believes the.City can do a better job in controlling -development in the area. Conn. O'Keefe said prezoning does not force people into the City,. He believes R1-10 is more appropriated Vice -Chairman Adams concurred. The Assistant Planning Director cautioned that the corner lots of the Ditz- Crane property really should be Rl-7.5. Moved by Comm. Cooper, seconded by Comm, O'Keefe to.recommend 6-Z-75 to the City Council approval of the City's.application 6-Z*75 approved as described on Exhibit A with the following exceptions: that as modified the five lots fronting on Foothill Blvd, and Stevens Creek Blvd.. be zoned R1-7e5 and the balance be zoned R1-10, AYES: Comm. Cooper, 0°Keefe, Vice -Chairman Adams NOES: None ABSENT: Comm. Woodward ABSTAINED:. Chairman Gatto Motion carried, 3-0-1 The audience was infprmed that this matter will be on the June 165, 1975, City Council agenda. 4. CITY OF CUPERTINO: Public Hearing to consider 1973 Comprehensive General Plan (a) Hillsides After study of .the time frame chart, it was moved by Comm. Adams, Next Hillside seconded, by Comm. O'Keefe to continue -the Hillside Study to Study June 12th 7a30. pm., June 12, 1975. Motion carried, 4-0 On June 2, 1975 the Planning Commission will consider the Highway 9 Conceptual Plan and the next regular Planning _Commission meetin will be on June 9, 19750 s "C-191 Page 8 ',lay 5th Minutes approved .fav 12 Minutes aL�proved MINUTES OF THE MAY 29, 1975 PLANNING COMMISSION MEETING UNFINISHED BUSINESS Minutes of Adjourned Regular Meeting of May 5, 1975, corrections: Page 1, last paragraph, first line, should be "Mariani interests". Page 3, paragraph 5, second line, should be ". most effected . . .". Page 9, second paragraph, second line: Delete "kind of thing" and replace with "fund type program". Moved by Comm. Adams, seconded by Comm. Cooper to approve the Minutes of May 5, 1975 as corrected. Motion carried, 4-0 Minutes of Regular meeting of May 12, 1975. Moved by Comm. O'Keefe, seconded by Comm. Cooper to approve the Minutes of May 12, 1975, as recorded. Motion. carried, 4-0 NEW BUSINESS It was established that neither Con:m. Adams nor O'Keefe could attend the adjourned meeting on Monday, June end. Since so many people have been notified of this meeting, it was decided to proceed with it and if there is not a quorum a new date will be set for the hearing at that time. In the future, Planning Commission meetings will not be sci?eduled on the same night as City Council meetings. REPORT OF PLANNING COrM'ISSIONERS: None. REPORT OF PLANNING DIRECTOR: None. Mr. Frank Purcell is concerned about the entrance to Stevens Creek Blvd. from the Ditz-Crane development. E e was advised to check with Public Works Department about it. I ADJOURNMENT Moved by Comm. O'Keefe, seconded by Comm. Adams to adjourn this meeting at 10 p.m. to 7:30 p.m. June 2., 1975. Motion carried, 4-0 ATTEST: rVPROVED: t 1 /s/ Wm. E. Ryder _. -Lsf .Tnhn fit_ ant-f-a City Clerk Chairman