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PC 05-12-75I CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MAY 12, 1975, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA s i i SALUTE TO THE FLAG Chairman Gatto called the meeting to order at 7.;35 p.m.. with the 1 i Salute to the Flag. t ROLL CALL Comm. present: Adams, Cooper,-O`Keefe, Woodward, Chairman Gatto I Comm. absents None Staff presents Director of Planning and Development Sisl< Assistant Director of Planning Cowan Assistant.City Attorney Kilian Assistant City Engineer Whitten APPROVAL OF MINUTES Minutes of Regular Meeting of April 28, 1975. j Page 7, first paragraph, last sentence should reads "Moving the westerlymost cul-de-sac would mitigate this problem." Page 9, third paragraph from the bottom, add to the end of the i last sentences "the trip end conditions." Page 11, paragraph 5, last lines Change "delegate" to "relegate"! I i Moved by Comm. Adams, seconded by Comm. O'Keefe to approve the Minutes of April 28, 1975, as amended. Motion carried, 5-0 Minutes of Adjourned Regular Meeting of April 21, 1975. Moved by Comm. O'Keefe, seconded by Comm. Woodward to approve the Minutes of April 21, 1975, as submitted. Motion carried, 4--0--1. Comm. Adams abstained PC-189 Page 1 April 28th Minutes approv, April 21st Minutes approv i �PC-189 Page 2 �10-V-75 cont'd to June 9th. 4-7.-75 and 4-TM-75 cont'd to July 14th. MINUTES OF THE MAY 12, 1975 PLANNING COMMISSION MEETING Minutes of Adjourned Regular meeting; of May 5, 1975. NOT AVAILABLE AT THIS TIME. POSTPONEMENTS Upon recommendation of the staff, it was moved by Comm. O'Keefe, seconded by Comm. Woodward to continue application 10-V-74 to June 9, 1975. Motion carried, 5-0 Upon recommendation of the staff, it was moved by Comm. O'Keefe, seconded by Comm. Woodward to continue applications 4-Z-75 and 4-TM-75 to July 14, 1975. Motion carried, 5-0 Chairman Gatto announced that the regular Planning Commission meeting scheduled for May 26th has .been rescheduled for May 29th. WRITTEN COMMUNICATIONS -- None. ORAL COMMUNICATIONS -- None. PUBLIC HEARINGS 1. Application 5-TM-75 of EQUITY DEVELOPMENT COMPANY: TENTATIVE MAP to subdivide 6.4 acres into 60-lot residential cluster development with one lot to be held in common ownership, Said property is located at the northwest corner of the inter- section of Stevens Creek Blvd. <.nd ",'telling Road. First Hearing continued. The Assistant Planning Director rev -"owed the previous public hearing on this matter. During the Architectural and Site Approval phase of this project the developer discoverca some mistakes regarding oak trees on the property and a 10' dif,erential in the east -west dimensions. He then explayned the relatively mii.:)r changes to Exhibit A. The major entrance has been shifted to tile east and there has been some shifting of units to compensate for these 10 feet. There is now some additional open space at the corner., with a decrease of open space along Alves Drive. MINUTES OF THE MAY 12, 1975 PLANNING.COMMMISSION MEETING Comm. Adams was answered.that the total common area has been changed insignificantly. The same holds true for the private, fenced -in areas. Mr. Timothy M. Quinn, 1731 North First Street, San Jose, with Nolte and Associates.., went over the changes in setbacks on the plans,. He answered Comm.. Cooper that the distances between the units are the same as before. Comm. O'Keefe asked if any of the orchard trees are going to be saved. Mr. Quinn said only the existing oaks will be saved, and ornamental trees will be planted. Mr. Quinn answered Comm. Woodward that the cross -sectional concep� is essentially unchanged. Mr. Dick Finnegan, 20501 Lomita, Saratoga, also said the changes in the plan are insignificant Comm. Woodward was concerned about the possibility of some drastic changes to the elevations. Mr. Finnegan assured him they were minor. Comm. 0°Keefe was concerned that the Planning Commission was reviewing and approving this plan in segments. He would prefer j to see this plan integrated into the overall plan for this entire property, including the racquet club and restaurant on .the corner Attorney Keith Pritchard, 525 West Remington, Sunnyvale, said that in terms of coordination of these two projects, it is the mandate of the City Council -that_ they be coordinated.. The integration occurs in the common property line to the south of this project. The City Council agreed it could be accomplished by some common landscaping along the property line and access between the cluster area and the tennis area Comm' O'Keefe was very concerned that some of the living units will be as close as.170' from the amphitheater. Mr. Pritchard said they are installing soundproofing in the houses in that area and they are advising the people in the CC & R's about the proximity of the amphitheater to the homes. The people purchasinf along the westerly border will be well aware of the possibility of -sound problems, Coirim. 'O'Keefe foresees the need for air conditioning of these units for ventilation as well as the soundproofing; The Assistant City Attorney said the CC & R's are recorded.. Normally, they are approved by the City Attorney's Office, which would give notice to the people., PC-189 Page 3 1'C-189 Wage 4 15-T:i-7 5 Japproved MINUTES OF THE MAY 12, 1975 PLANNING COT�-IISSION MEETING Comm. O'Keefe said bermi.ng and landscaping will have an effect on lighting but not on noise. He emphasized that he is very concerned that this proposal does not reflect a residential quality that he'd anticipated. In addition to being some 175' from the amphitheater, there will be houses some 200' from a restaurant that may stay open until 2 a.m. Chairman Gatto asked for comments from the audience. There were none. Moved by Comm. Woodward, seconded by Comm. O'Keefe to close the public hearing. Motion carried, 5-0 Comm. Adams said that in light of tIe minor changes here, he sees nothing that would change the original considerations. Moved by Comm. Adams, seconded by Comm. Woodward to approve application 5-TM-75, subject to the 14 standard conditions and conditions 15, 16 and 17 as recommended by the staff. AYES: Comm. Adams, Cooper, Woodw��.rd, Chairman Gatto NOES: Comm. O'Keefe Motion carried, 4-1 2. CITY OF CUPERTI.NO: Public Hearizag to consider an ordinance regulating building design, building location and landscaping in all zones as a means to ensure visual and acoustical privacy. First Hearing continued. The Assistant Planning Director explained that individuals living along Alpine Drive are concerned about thc. privacy factor, particularly where single family dwellings and triplex(s are adjoining. The Architectural and Site Approval. Committee has been wrestLi.ng with this problem for some time on a case -by -case basis. The draft ordinance was reviewed on a page -by -page basis. The main problem here is whether privacy is mportant, and if it is, what techniques should be employed to attain it. The staff has checked with other jui iscti.ctions and has learned that Saratoga is the only city that addresses this privacy issue by ordinance. It does not appear to be e�ntircly s,itisfactory. MINUTES OF THE MAY 12, 1975 PLANNING COMMISSION MEETING The Assistant City Attorney answered. Comm. Cooper that guidelines) would be a more desirable way of handling this issue than an j ordinance. i Comm. Woodward would like the audio ordinance completely separate from the privacy ordinance.: Comm. Adams would prefer the guidelines approach to the privacy issue. The staff will be reviewing the plans. i Comm.. O'Keefe believes it would be in the best interest of the City of Cupertino to give the staff more influence in matters such as these. Privacy is his number 1 priority. He believes the single family residences should be afforded the same privacy .as those in Planned Development zones. Attention should be given,, to the latest design skills so Cupertino will have quality development. Chairman Gatto said the private sector creates its own privacy in such a way as to reflect their own taste. Comm... Cooper is concerned about situations where there is not a particular hardship but development of a property could benefit if there were some flexibility in setback requirements. Chairman Gatto asked for comments from the audience. Mrs. Juanita McLaren, 22101 Lindy Lane, Cupertino, said she requested some time ago, when she was on the H-Control Committee that the City Attorney draw up an ordinance addressing property as it approaches the foothills. She would like to see more.. controls'as these properties are developed. She cited parking problems in her area. Also, she said that when you are on a large lot you naturally want your home farther away from your neighbors, and not jam them all together She said we have to be very careful that the people purchasing property in the hills know about the water problems,..the fire hazard, and the expense involved in the roads. Comm. Cooper would like to hear from more of the residents who are affected by this before making a decision., Comm. Woodward would like to have a report from the City Attorney as to the legality'of such an ordinance. Assistant City Attorney Kilian said all zoning is based on the question of what is good for thd'-general public. We would have to find some public, rather than private reasons for having such an ordinance. PC-189. Page 5 'C-189 Page 6 privacy issue continued to .June 9th 6-U-75 approved MINUTES OF THE MAY 12, 1975 CITY PLANNING COMMISSION MEETING Moved by Comm. Woodward, seconded by Comm. O'Keefe to continue the privacy issue to June 9, 1975. Motion carried, 5-0 3. Application 1.0-V-74 of HOWARD E. MALLETT CONTINUED TO JUNE 9, 1975. 4. Application 6-U-75 of GLORIA A. ANSON: USE PERMIT to allow conversion of a single-family residence to a beauty salon and boutique. Said property is within a commercial zone and is located at 10026 Orange Avenue, Monta Vista. First Hearing. ',The Assistant Planning Director identified the property on the screen. Colored slides were shown of the prc,per_ty in question.. He said the staff recommends approval. of this because of the character of Monta Vista it might not be necessary to do a complete restructuring of the .building. There is an e.,isting property line that bisects the house. 'At such time as the applicant wishes, to remodel the structure this will have to be resolved. There was some discussion on placement of the required parking spaces. It was noted this is an H-Control responsibility. The applicant was in the audience but indicated she had no comments to make. Mrs. Ann Anger, Monta Vista, was inl'ormed that this is the location where the ambulance service used to be. She said something has to be done about improvement of Orange Avenue in the future and wondered if approval of this application wou.d inhibit it. She added that she was not against this proposal a:� long as it must have H-Control review. Chairman Gatto noted that Condition 18 requires H-Control approval. Further, a 10' take from the front of the property for street purposes still allows ample room for the reglAired parking. Moved by Comm. Woodward, seconded b- Comm. Adams to close the Public Hearing, Motion ca-ried, 5-0 Moved by Comm. O'Keefe, seconded by Comm. Adams to approve 6-U-75 in accordance with the staff's reconmendations in the May 9, 1975, memo. AYES: Coin. Adams, Cooper, O'Keei:e, Woodward, Chairman Gatto NOES: None Motion carried, 5-0 e MINUTES OF THE MAY 12, 1975 PLANNING COM1,1ISSION MEETING 5m Application 4-Z--75 and 4-TM-75 of LAMONT E. WILLIAMS.. CONTINUED TO JULY 14, 1975 o- UNFINISHED BUSINESS 6. Report from Planning Colmnission re: Amendment to Ordinance I 220(e) , Cluster Ordinance, establishing new regulations affecting residential cluster developments~ (continued) The Planning Director indicated the changes made to the second drafts Moved by Comm. Adams, seconded by Comm. O'Keefe to recommend to the City Council Ordinance No. 664, Second Draft. AYES: Comm. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto NOES: Nome Motion carried, 5-0 N%jI BUSINESS: None REPORT OF PLANNING CON1 ISSION Comm. O'Keefe proposed adjourned meetings be held on the Thursday following the Mionday regular Planning Commission meetings. This was agreed upon. Ann Anger does not want 2 meetings on the same night. Comm. 0-'Keefe complimented Comm.. Cooper on her PPC presentation on crank case oil. She said she is presently drafting legisla- tion on this in Senator Smith's Office. REPORT OF PLANNING DIRECTOR: None ADJOURNMENT Chairman Gatto adjourned this meeting at 9:35 p.m. to 7:30 p.m. May 19, 1975. ATTEST: APPROVED. Win. E. Ryder /s/. John M. Gatto, City Clerk Chairman PC-1s9 Page 7 Ord. 220(e) amendments recommended to Council.