PC 04-28-75CITY OF CUPERTINO, STATE OF CALIFORNIA
PC-187
10300 Torre Avenue, Cupertino, California. 95014
Page l
Telephone: 252-4505
MINUTES OF"THE.REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON APRIL 28, 1975; IN THE COUNCIL CHAMBER, CITY HALL
;¢
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
Chairman Gatto. called the meeting to.order.at 7:34 p.m. with: the
Salute to the Flag --
ROLL CALL
Comm. presents. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto
Comm. absent: None
Staff presents Director of Planning and.Development .Sisk
Assistant Planning Director Cowan
Assistant City .Attorney Kilian
Assistant City Engineer Whitten
APPROVAL OF MINUTES
Minutes of Regular Meeting of April 14,,19750
Page 4, paragraph 9, line 39 should reads °4Cty Engineer
phrase that in the street intersection triangle only.
Moved by Comm. Adams, seconded' by Comma O'Keefe to approve the
April 14th
Minutes of.April 14, 1975, asamendeda
minutes
approved.
Motion carried 9.5-0
POSTPONEMENTS,, etc.
Upon request of the applicants it was moved by Comm; Adams,
3-U-75
seconded. by Comm. O'Keefe to'remove application 3-U-75-from
withdrawn.
the agenda.
Motion carried, 5-0
WRITTEN COMMUNICATIONS -- None.
ORAL COMMUNICATIONS -.- None.
IL
PC-187 MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
Page 2 `
PUBLIC HEARINGS
1. Application 13-Z-74 of SAN CARLOS HOMES AND DEVELOPMENT COMPANY;
REZONING 20.7 acres from A (Agricultural/Residential - 101000
sq. ft. minimum lot) to P (Planned Development with residential
cluster use intent with approximately 2.4 dwelling units per acre)
or whatever zone may be deemed appropriate by the Planning
Commission. Said property is located southerly of and adjacent
to Voss Avenue at its westerly terminus. First Hearing continued.
The Assistant Planning Director recapped the proposal, as detailed
in the April 24, 1975 staff report. The plan proposed at this meeting
reflected the concerns and comments of the Planning Commissioners and
the audience at the previous public hearing. It is a cluster develop-
ment in its pure, textbook form. The staff recommended approval with
the stipulation that the density be held at 50.
Mr. Geoffrey H. Swett, P.O. Box 1146, Los Altos, representing Enviros,
offered to answer any questions about the environmental impact report.
Their two major concerns were high density in open areas and the soil
creep. He recommended the Planning Commission's approval require a
report from a soils engineer. He added that this more open plan appears
to decrease the potential noise between units.
04
Mr. Swett answered Comm. O'Keefe that this plan does represent less M
disturbance of the soil, due to less streets.
Mr. Swett said that with this proposal, the homes will be more
expensive than with the original proposal.
Mr. Swett answered Comm. Cooper that Enviros did not specifically
address the matter of energy conservation through solar heat. He
said planting of trees along the south side would mitigate the heat
problem in the summer.
Mr. Jack Chamberlain, of San Carlos Homes, said that as of February 22nd,
they operate under new Federal rules. They now insulate under the
floor, the walls, and the ceilings and have reduced the window area
considerably. They can go to thermopaine for larger windows. They
now have the problem of stuffier homes to consider.
Mr. Neil R. Eskuri, Designer, 8050 Florence, Downey, California, said
all the trees have been considered so none will be removed, and new
trees will be added.
Mr. Chamberlain said it will be difficult to prevent the home owners
from fencing their yards. Mr. Eskuri said the yards will be 8000 sq. ft.,
which is large enough for the people to have pools. The houses are
split level to accommodate the topography. There will be a minimum •
amount of grading.
_
MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
i
PC-1$7
Page 3 .
..The Assistant Planning Director answered_Chairman Gatto that both'
Alcalde and Voss Avenue will be widened to 40°> The Assistant
City Engineer added that both Alcaldeand Voss will probably have
separate bike lanes. Chairman Gatto asked the staff to consider
-...a narrower street on Alcalde and Voss because he did not think
there.would be that much traffic.
Chairman Gatto asked for comments from the audience.
Mr. Arnold Rosenwald, 1447 Falcon Avenue, Sunnyvale, said he owns
the abutting property at the northeast corner. 'He was concerned
about fencing. Mr. Eskuri said there -is presently a solid fence
along -the Lockwood,Drive side. There is substantially no change
in grade.
Mr. Rosenwald said that in periods of heavy rain there is inade-
quate sewer to .take care.of the water runoff. He wondered if
development of this property would reduce the rate of absorption
The Assistant City Engineer said the developer has to submit
plans to be:approved by Engineering, showing how the drainage
problem will be solved.
Judy Horst, Lockwood. Drive,. noted that water collects in their
back yards from t'hechills> ,She �,-esk:ed if :-it would be :possible
to see a schematic before -'a decision is made. She questions_
whether that many Homes could be placed on that amount of pr.opert
Q:
She then asked what a development like this costs the City for
.`services. The Planning Director said these things are covered
inthe EIR. This can be explored in ;`depth at use permit time.
-
Mrs. Horst asked that the revised EIR be placed in the library
for the benefit of those who work during the day. She said she
wanted to know details of the grading plan andwho would maintain
the open space. The Planning Director said the green areas will
be maintained by the homeowners association
Mrs. Horst said she would Iike,to have an exchange of this land'
for the park land because this property would make a better park.
Mr. Eskuri said the conceptual plan on the bulletin board is a.
print of an aerial photograph ( 1" _ 40' ), which is as accurate
as they can be. There is a minimum amount of grading. There
will be a slight cut - 2-1 - at the upper, left-hand finger of
clusters. The street will'go up at 15% gradient and will follow
.the natural contour.
Patricia Blake, Lockwood Drive, confirmed the drainage; problem up
there now. She wondered if there were plans for park development
Chairman Gatto confirmed this is in the 5 year capital improve-
menu program. The Assistant City Engineer explained how
Engineering plans to handle the runoff.
PC-187
Page 4
MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
Dorothy Cheyne, Lockwood Drive, confirmed the pavement is always wet up
there. It is unkind for the people living on the west side of Lockwood
to have to loot: directly at these homes. She said she is paying
$1300 per year in taxes. She would like to see this development go in
another area and leave this land tor the people and horses to use and
to enjoy.
Mrs. Arnold Rosenwald, Sunnyvale, said their property is on Voss,
immediately abutting this development. She asked what the space is
going to be between their property and the first home in this new
development. The Assistant Planning Director said it ranges between
20' and 50'. She was told the home adjoining her property will be
single story. She was assured the drainage problem will be corrected.
Mr. Lee Leonard, Medina Lane, said she owns a horse on this property.
She said they have a lot of trouble up near the pond with littering,
parties, etc., and distruction. Some of the homes up there have been
broken into. She was also- concerned about soil creep and drainage.
She noted. the land along Alcalde is marshy. She answered Chairman
Gatto that the property is owned by the Seventh Day Adventists and
managed by another individual who collects the rent for the boarding
of horses on the property.
Longtime resident Louis Pavisso said he is very interested in the
storm drain situation up there.
Karen L. Jackson, 1207 Stafford Drive said she also has horses on this
property at the present time. She said an earth -fill dam was built
up behind the paddocks. It was supposed to provide water for the
horses but is not successful. Almost all the holes, where core samples
were removed, have sunk back in. She hopes the grading will take care
of this problem.
�Mr. Jim Klug, 22812-A Medina Lane, wanted to know details of how the
earth creep is going to be handled. He felt the EIR should be more
detailed in this regard. Chairman Gatto agreed that information was
sketchy at this point, but would be specific at use permit time.
Mr. Klug asked if public access will be blocked from the green area.
The Planning Director said this is private property. However, at
use permit time a condition may be added providing an easement for
access to the property beyond. Mr. Klug cited fire danger in that
area and the potential danger of the natural pond for small children.
He also pointed out how this development will cut off the view if
the hills for the people presently living in that area.
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MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
Alkh
Mr. Don Pazzolo, 22811-A Medina Lane, asked why this property
must be developed at all. He would like to see it left the way
it is. Chairman Gatto explained that this property is under
private ownership. Under the law, a property owner is allowed to
develop his property. This area is under a general plan As
presently zoned, it would allow over 80 homes.on'10,000 sq. ft.
lots He next explained the hillside study andthe slope/density
formula.
'Mr. Pazzolo asked if there is a zoning ordinance available to
keep this property in ..its -present state. The Assistant City
Attorney answered that agricultural zone is available; but the
real question here is what is a reasonable use for this property,)
Comm. O'Keefe stated that the City has to treat similar properties
in a consistent way. He said the City is trying to make a decisiq
that is in the best interest of all the people.
Mr. Pazzolo said that due to a change in elevation, the 6" fence
will look like perhaps a 2-story house. In an to another of
his questions, it was made clear that the utilities will go
underground,
Mre Paz.zolo said the De Anza Oaks development remotely resembles
the plans he saw for that propertym �He said that once the fences
go up there will be only a very small visual corridor from
Lockwood Drive. Chairman Gatto explained the difference between
a conceptual plan, a definitive.' lan and a precise plan.
m ` Mr. Pazzolo said he would like to see'all single story 'homes on
this property and he would like to see fewer than 50 homes.
Ann Anger., Monta Vista, wanted to know what percentage of the
land will be in landscaping`. She said of the 40 acres of De Anza
Oaks, 23 acres has 212 units and the remaining 17 acres are open
space weed patch She said the conceptual plan is :pretty enough
to hang: over her mantle, but she 'wanted to. know how. much land-
scaping there will be on the property when it "is -developed:
Carol Gates, Lockwood Drive, asked what guarantee there is that
the oaks will be saved. Comm. O'Keefe said that, logically
speaking, to lose an. -oak is to lose a valuable asset.
Pat Blake said he has worked hard to purchase and maintain her
duplex, and now she will be living in a goldfish, bowl. She does
not believe this proposal lends itself to this area, 'She would
like to have the present residents` feelings considered.
PC-187
j Page 5
PC-187
Page 6
KINUTES OF THE APRIL 28, 1975 PLA11NING COMMISSION MEETING
Comm. Cooper said the privacy ordinance is on this agenda for this
meeting.
Mr. John Neff, San Jose, said he loves the country. He believes the
property owner has the right to make his property look the way he
wants it to look.
Lee Leonard said that land was Church property and they did not have
to pay any taxes on it.
Mr. Bill Cooper, Brook Acres, Los Gatos, said he was the real estate
broker representing the Church. He said $14,000 per acre has been paid
for 10 years here. The property has been down zoned significantly, so
no profit will be realized.
Dorothy Cheyne said she would rather see duplexes and triplexes here
instead of this cluster plan.
Mr. Nick Vrionis, 22722 Medina, wanted to know how the property is
going to be landscaped. He emphasized the drainage problem. He was
against this proposal because of aesthetics.
Mr. Chamberlain stated that the lake will be made a part of the
homeowners association. A way of policing it will be developed.
He requested the matter -of landscaping be deferred to H-Control review.
He said the oak trees increase property value by about $5000, so
every effort will be made to save them. He answered Comm. Cooper
that they anticipate the 50 units will run from $65,000 to $75,000
each. The market is in this bracket.
Moved by Comm. 0`Keefe, seconded by Comm. Woodward to close the
public hearing.
Motion carried, 5-0
Fence review at Comm, Woodward said he had some reservation on the fences. He would
use permit time like to make sure this matter is included in the use permit review.
Comm. O'Keefe said fences on the hillsides should be eliminated.
Design should handle the privacy factory. There should be some
easement between the units. Landscaping has to be incorporated into
the design. He does notwant tc see trees as a screened wall. There
must be a minimum of grading. L,ensity must be reduced to eliminate
the grading at the top of the knoll. Open space, left wild, can
attract police problems.
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MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
PC-187
Page 7.
Comma Woodward said.' he. had two. major_ areas of concern.- fences , , :
and he would like the patio area design well: spelled out in the
ordinance. Some consideration shouldbe given to keeping build
ings off the tops of the knolls. Moving the westerlymost cut -de
sac would mitigate this problem.
Comm. Cooper said this plan is a:big improvement in terms of
visual corridors.: She is concerned about building setback. "She
also is concerned about the.last cluster to the west in terms
of what will be seen coming -up Voss or Foothill Blvd. She agreed
with Comore -W-ao'&.,ard 'and O`Keefe in regard to- fences ..on hillsides.
Comm. Adams observed that many items:"have been addressed on ;this .
zoning application that would normally be addressed -at a Later
stage. He agreed that additional work must be done before use
permit time. He agrees with the: 50 units maximum here.. He would
like to add the phrase "and staff" to Condition 17.
Chairman. Gatto would like the staff. to pursue the Alcalde.con-
figuration. This is a� good, ;textbook"cluste.r. The fences could
hurt the project. He would like to see the.cluster.reworked,
somewhat.
Comm. OgKeefe:.wool:d,.like:I.to,,:r,educe.,the:,"density by,..;at .least .4.'.unit
because.:he would not hike- to see. 15'' of
grading,
Comm. Woodward would not,like to.reduce the project ;size any
further, prior to the use permit`.stagea
-
Moved by Comm. Woodward, seconded by Comm. Adams to approve
13-Z-74
application 13-Z-74 in accordance with the 14 standard conditions
approved
and conditions .15, 16 and 17 in the staff report. with "and- staff%
added to condition 17.
AYES.- Comm. Adams, Cooper, Woodward, Chairman Gatto
NOES: _Comm. O'Keefe
Motion carried, 4-1
Chairman Gatto announced -.this would go to the.City Council on
May'l9th. The use permit will be readvertised and notices will
be sent out.
Chairman Gatto called a recess at 9:55 p.m. -The meeting
reconvened at 10>18 pemo
PC-187
Page 8
MINUTES OF THE APRIL 28, 1975 PLANING COMMISSION MEETING
2. CITY OF CUPERTINO: Public Hearing to consider an amendment to
Chapter 16.28 of the Municipal Code pertaining to the height
and location of fences and vegetation within the yard setback
areas. First Hearing continued.
The Assistant Planning Director referred to details in the Traffic
Engineer's April 25th report regarding lack of data of accidents
of people being hit by cars backing up. The memo also talks about
the need for visual corridors.
The Assistant City Attorney recommended changes to the language on
portions of pages 5 and 6. On page 6, under exceptions, Comm. Cooper
suggested removal of the word "motor".
Chairman Gatto asked for comments from the audience.
Mr. H. E. Mallett, 21699 Rodrigues Avenue, Cupertino, questioned item 4
on page 1. He would also like to delete item 7 from page 2.
Mr. F. A. Hill, 20905 McClellan, said he was told the trees are to be
pruned up to to 8', and he wondered if this affected his mature trees.
He was told this was only within the intersection, and when required
by the Traffic Engineer.
Mrs. M. Flick, 20891 McClellan Road, Cupertino, said she has a N
circular drive that is also used 'Dy the people on Tulla Lane. They
have tried to reduce the speed of the cars coming out from Tulla Lane.
She is concerned that the traffic has been allowed to go faster
on McClellan, and now the people have trouble getting out onto
McClellan.
Chairman Gatto wanted to discuss the site triangle on pages 2 and 4.
He felt there was the need to reword portions of page 1.
Comma Woodward raised the point of impaired vision and height of
fence in the case of.a depressed driveway. Discussion followed.
Moved by Chairman Gatto, seconded by Comm. O'Keefe, to delete item 7
from page 2 and to delete item 4 from page 4.
Motion carried, 5-0
Moved by Comm. Adams, seconded by Comm. Woodward to close the public
hearing.
Motion carried, 5-0 •
There were some minor punctuation changes made and recorded by the
Assistant Planning Director.
MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION -MEETING
Moved byComm.CommAdams, seconded by.Comm. 0°Keefe t.o recommend to
the City Council the Fence Ordinance as amended at this meeting.
-
AYES; Comm. Adams; Cooper, O'Keefe, Woodward, Chairman Gatto
NOES. None
Motion carried, 5-0
3e Application 3-U-75 of KITCHENGARDENS, INC.-
This was withdrawn by the applicant'
4e Application 4-U-75 of COLDWELL BANKER MANAGEMENT -CORPORATION:
USE PERMIT to allow construction of 49,200 sq. ft. of light'
manufacturing space. Said property is located westerly of -
and ,adjacent to Bandley Drive approximately 30' northerly of
the intersection of Bandley Drive and Lazaneo Drive.
First Hearing continued.
The Planning Director said the Planning Commission had some
concerns at the April 14th public hearing which are noted in his
April 24th staff report. =He then Previewed Exhibit A - First
Revisions
Mr.. Nick Loukiano, 1 Embarcadero, San Francisco,- representing
Coldwell, Banker Management Corporation, said he saw some very
serious problems .with some of the conditions recommended by the ,
staff.- The Planning Director said`Condition 17 could be
eliminated; however, he wanted the developer to be well aware of
the City's long-term requirements. It is up.to the developer to
make the tenants aware of the time delays and congestion on
Saratoga -Sunnyvale Road between 4 and 5:30 p.m> and to encourage
.car pooling, staggering of work .hours, etc. -Mr. Loukiano said
if this is to be made a covenant restriction it is unacceptable,
to him. He would then pull out of this proposal.
Comm e Woodward .noted that if there . are to .be three tenants in -one.
building it is the responsibility of the owner to police the trip
end conditions.
Comm. O'Keefe said Cupertino isknown forits quality industrial
parks and it attracts quality businesses. He felt these re-
strictions and controls were beneficial to the .developers
The Planning Director -noted that this is more. -specific than
previous light industrial applications Mr. Loukiano said.he
does not mind advertising information that there is a problem
with the traffic during peak -hours.
PC-187
Page 9
Fence Ord.
amended
IPC_187
Page 10
MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
1 04
Mr. Loukiano said that if the lease is breakable by enforcement of
the condition and the owner is faced with the possibility of no
income, then it is unacceptable to him.
The Assistant City Attorney said the intent of the conditions is
to make the owner enforce the trip end constraint. This protects
the owner.
After conferring with other principals, Mr. Loukiano asked for a
decision by the Planning Commission, with the intent of appeal to
the City Council. He said they have complied with the 16 trip end
constraint in the building square footage.
The Planning Director reviewed Exhi':)it A, Second Revision.
Counc. Adams was in favor of the Second Revision. He wanted to make
sure the meandering sidewalk is carcied through here.
Comm. Cooper was not happy with the plan. She felt that the solution
to the problems raised at the last meeting had not occurred. Some
of the problems raised at that time were the parking in the front,
the orientation of the buildings so that there could be a central
area utilized by both buildings, and the loading docks oriented
inwardly. She feels that this piece of property is the key to that
entire area and we should get the 'pest plan possible. She would
like to have a better idea of how they are planning to divide up 49
the buildings. She would like to get more of the parking in the rear.
Chairman Gatto questioned how they could orient the fronts of the
buildings inwardly .anidalso have the loading docks there.
Comm. Woodward was in favor of the building setback. Old highway 9
is going to be a parkway. Bandley is to be the internal street.
He does not believe the City should require every building to furnish
outdoor eating areas. He was not in favor of further reduction of
front parking spaces.
Chairman Gatto said staggering of tl.e buildings is good but can be
handled somewhat differently. The setback distance, with berming
and screening can create a good visial effect. Whatever can be done
to break the linear effect is a plug. He supported parking in the
front. The loading docks, he would opt that they be on the side
streets or side drive. If one dock must be at the rear of the building
the masonry wall around the trash enclosure will somewhat screen the
dock. As.to the architecture of the building, he liked the first
submission best. The roof treatment could be treated like a penthouse
rather than to extend the wall out to the end of the building. This
is better than to have the higher building. It does not appear to be
as high because a penthouse is set back somewhat. He said the more
they can do to create a complex effect the better it will look. There '
should be some element or group of elements tying the different lots
together.
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MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING .PC-187
x!
Page 11
- -..
Mr. Pete Peterson, Architect for the project, said the revised
elevation was in response to comments made at `the last meeting.
There will be mechanical equipment` in ,several areas on the roof.
F
From a marketing research stan.dpoin.t, they feel the front parking;
will be needed.
R.:
Mr. Loukiano wanted to go on record as being very much concerned
about Conditions 17, 18, 19 and 22. They do not. see this as a
viable project with these conditions.-
Movedby Comm., O'Keefe, seconded by Comm. Adams to close the
public hearing.
A;
Motion carried, 5-0
Comm® Cooper said she would be happier with this plan if
Building B were turned around. She moved to continue this
r
application. Motion died for lack'of a second.
2
Comm. Woodward was not' in favor of turning Building B . He said
you can't relegate a tenant to the back lot...
{:
Moved by Coming Adams, seconded by Comm. Woodward to approve
A-U-75 F.
application 4-U-75, subject to Conditions 1 through 23 as modi--
approved
fied at .this meeting. Condition 16 is to be rewritten. Conditio
17-is to be dropped and Condition`'18 is to be reworded, renumbers
and to be combined with Condition- 19 e
. AYES o Comm. Adams, Woodward,. Chairman Gatto
NOES: Comm. Cooper, 0 ° Keef e
Motion carried, 3-2
Chairman Gatto said application 4-U-75 will go to the City Council
on; May 5, 197.5
It was-12.:08 a.m. at this point. It wasmovedby Comma Adams;
Agenda items.
seconded by Comm. O'Keefe to continue agenda items' 5, 6 and 7- to,
52 6 & 7
May 12, 1975., commencing at 7:30 p.m.
continued to
May 12th
r
PC-187
Page 12
General Plan
implemented
6-EA-75
Neg. Decl.
7-EA-75
Neg. Decl.
MINUTES OF THE APRIL 28, 1975 PLANNING COMMISSION MEETING
94
NEW BUSINESS
8. Request for initiation of change of zone to implement general plan -
Monta Vista area, southerly of Stevens Creek Blvd., easterly of
Foothill Blvd., northerly of McClellan Road, and westerly of Scenic
Blvd. and Mira Vista Road.
Moved by Comm. O`Keefe, seconded by Comm. Woodward to instruct the
staff to proceed with the above -mentioned implementation of the
general plan.
Motion carried, 5-0
ENVIRONMENTAL REVIEW COMMITTEE: Recommendation for Negative Declaration
Application: 6-EA-75
Applicant: Robert M.and Pamela J. Gregory
Location: SW corner of intersection of Santa Paula and
San Leandro, Monta Vista.
Discretionary Action
Requested: Prezoning .19 acres from Santa Clara County
R1-10 to City of Cupertino R1-7.5 (Residential,
single-family, 7,500 sq. ft. per dwelling unit) go
Moved by Comm. O'Keefe, seconded by Comm. Adams to request the Planning
Director to submit a Negative Declaration on 6-EA-75.
Motion carried, 5-0
Application: 7-EA-75
Applicant: Mike Mikul
Project Name: Granada
Location: Northerly and adjacent to Granada Avenue,
approximately 205` westerly of the intersection
of Orange Avenue and Granada Avenue, Monta Vista.
Discretionary Action
Requested: No application filed as yet.
Moved by Comm. Adams, seconded by Comm. O`Keefe to request the Planning
Director to submit a Negative Declaration on 7-EA-75.
Motion carried, 5-0