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PC 03-10-75y CITY OF CUPERTINO, STATE OF CALIFORNIA - - PC-183 10300 Torre Avenue$ Cupertino$ California 95014 Page 1 Telephone. 252-4505 • MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION" I 4_ HELD ON MARCH 109 19759 IN THE COUNCIL CHAMBER, CITY HALL UPERTINO, CALIFORNIA :SALUTE TO THE FLAG -Chairman Gatto called the meeting to order at 7"039 pamo with the f, Salute to the Flag. " . , ROLL : CALL Comme presents Adams, Cooper, Woodward, .Chairman Gatto Coaumm. absents O�Keefe Saaff presents, Director of Planning and Development"Sisk Assistant Planning Director:Cowan i' Assistant City. °ney Kilian �. Assistant City Engineer Whitten APPROVAL OF MINUTES Minutes of Regular.Adjourned Meeting of February 209 1975o `Page I, paragraph 6 should read: °QIf we develop .Montebello Ridge , leech fields migrating throw-gh rock"lenses could be: quite "a problem."' Page 3, paragraph 9, first sentence should read" "The AlquiSt— Preola Act concerned with fault."zones does not prevent development but rather establishes geological requirements.. Page 4 , third paragraph, second lines Change "or°B to "and". Moved by Comma Woodward, seconded by Comm. Adams, to approve' 2/:20/75 the Minutes of February.20, 1975, as amended. : Minutes approvE Motion carried, 3-0=1 Comm, Cooper abstained. PC-183 Page 2 k 12/24/75 Min. approved MINUTES OF THE MARCH 10, 1975 PLANNING COMMISSION MEETING Minutes of Regular Meeting of February 24, 1975. Page 4, third paragraph, first line: Delete "this". Page 5, last paragraph, line 7, next to the last word should be "sight". Page 6, last paragraph, last sentence should read: "He is opposed to allowing 6' fences within the front setback, even if within the 100' sight distance unless there are extenuating . . . . . . for a variance." Page 7, third paragraph, last sentence should read: "They may cause a hazard . . . . .owner's discretion as long as the drivers backing out of their driveways can see up and down the street and then proceed safely." Page 10, last paragraph, 3rd line: Change "vehicle" to "land use category." Page 11, starting with second sentence, it should read: "They would like not to have to provide for them. Comm. O'Keefe felt that running a street right into a solid wall Condition 16." Moved by Comm. Adams, seconded by Comm. Cooper to approve the Minutes of February 24, 1975 as amended._ Motion carried, 4-0 POSTPONEMENTS, ETC. The Assistant Planning Director recommended agenda item 5 be taken off calendar since a use permit application would be more appropriate here. This would enable the City to control the design and condition with appropriate traffic constraints. The Assistant City Attorney advised that the use permit goes with the land, not the building. This is an older residential building that has previously been used as a commercial office. The applicant proposes to move this building to another location which has commercial zoning. The applicant, Mr. Charles Becker, said he has been operating in the Cupertino area for some 5 years now, and he just learned of this need for a use permit. Realtor Juanita McLaren, 22101 Lindy Lane, Cupertino, said this property is already approved and zoned PD commercial on the General Plan. This is a small lot, and this is an opportunity to do something with it. Here we have an established business. She was concerned how long it would take for the use permit process to take place. PC-183 Page 4 Fence Ord. review cont'd (MINUTES OF THE MARCH 10, 1975 PLANNING COMMISSION MEETING The Commission reviewed -the definitions section of the ordinance with the staff. It was decided there should be a general category for vegetation. The Commission decided there should be a sight triangle included in the ordinance. The decision about a "grandfather clause" was postponed until the staff determines how many properties in the City of Cupertino are affected. Chairman Gatto asked for comments from the audience. Mr. R. Merrick, 10377 Vista Knoll B:1vd., requested the ordinance specifically exclude certain recreational uses, such as chain link fences that keep the children in the yard and off the street. He was also thinking about tennis courts that require chain link fences, which he felt were appropriate in residential neighborhoods. Juanita McLaren, 22101 Lindy Lane, Cupertino, asked if there is a time limit on this ordinance. She also wondered what the City planned to do about fence height on hillside properties. What about homes that have annexed to the City and already have 8' fences? What about the beautiful wrought iron grillwork fences that keep guard dogs inside the property. Mr. W. L. Osborne, Jr., 20671 Rodrigues, questioned whether this ordinance could be enforced. He felt that the pruning of vegetation in the front, down to a 3' level, interferes with a person's right to privacy. He questioned the "sight triangle" approach, stating that a small child - directly behind a car also cannot be seen. Mr. John Neff, 489 Boynton Avenue, San Jose, repeated some of his statements from the previous public hearing on this matter. The matter of safety is covered in the Vehicle Code. Mr. Howard E. Mallett, 20699 Rodrigues Avenue, Cupertino, read his prepared statement concerning this matter, most of which had been said at a previous public hearing before this Body. This ordinance concerns safety and privacy. He questioned the enforcement of some of the clauses in the proposed ordinance. He felt that campers and trucks parked on driveways are also obstructions and safety hazards. Mrs. Ann Anger, Monta Vista, said we are all concerned about safety. And she said most of us are familiar with San Francisco homes with the garages on ground level and home above. They have very little setback. She said we should consider the rights of the people and their property. Juanita McLaren suggested adding a clause about berming since we are now in the process of trying to conceal automobiles behind berming with shrubbery on top. Moved by Comm. Woodward, seconded by Comm. Adams to continue review of the Fence Ordinance to March 24, 1975. Motion carried, 4-0 t 'MINUTES OF THE MARCH 10, 1975 PLANNING COMMISSION MEETING PC-183 Page 5 2a. CITY OF CUPERTINO: Amendment to -Ordinance 220(e), Cluster Ordinance, establishing new regulations affecting residential cluster developments., First Hearing continued.,` I The Planning Director reviewed the City Council's changes to the j Cluster Ordinance and conveyed their wish to have the Planning Commission consider them, r On page 5., Comm. Cooper would like to. have °for ,-recreational uses` deleted. She would not like to have thisincludedin the comput - I _ ing of the density. The .other Commissioners did.not agree with !' her on this., but .she wanted the Council to know her feelings on the matter. Chairman Gatto-asked,for comments, from the audience. There were none. Moved by Commissioner Cooper., seconded'.by Commissioner Woodward to chose the public hearings. .. , Motioned carried.. 4-0 Moved by Comm. Woodward, seconded by Comma Adams, to forward:=the Cluster Ord. amendinent`to Ordinance 220(e) to:the.City"Council per Planning Amendment fwdeq Commission.Resolution No. 1402 incorporating the changes made at. to. Council AYES. Comm, Adams, Cooper, Woodward, Chairman,Gatto NOES. None ABSENT: Comm. 0"Keefe Motion carried, 4-0 Chairman- Gatto .called a recess at 10.08 p.m. The meeting reconvened at 10 023 P.M. 3a Applications 25-Z-74, 26-TM-74, 27-U-74 and 31-U-74 of DE ANZA RACQUET CLUB AND VILLAGEGREEN (DON 0. BANDLEY-AND EQUITY DEVELOPMENT CO.): rezoning 13a2+ from P (Planned Development with General Commercial intent) to-P. (Planned Development with-.Residential/Recreational and Incidental Commercial Activities intent); TENTATIVE MAP to redivide 1302+ acres into two parcels; USE PERMIT to allow construc- tion of a commercial racquet club consisting of clubhouse,~. restaurant, .pro slop, Olympic swimming pool., and eighteen tennis courts, USE PERMIT to allow construction of.a. resi=, dential cluster development containing sixty-four units"; - Said property is located at the northwest corner of the inter section of Stelling Road and Stevens Creek Blvd. (.Referred back to Planning Commission by City Council with recommenda- tion that the developer reevaluate the design.) PC-183 MINUTES OF THE MARCH 10, 1975 PLANNING COMMISSION MEETING Page 6 IThe Planning Director introduced discussion of this matter, referring to details in the March 7, 1975 staff report. Mr. Keith Pritchard, 525 W. Remington Drive, Sunnyvale, stated that Exhibit X was the first proposal and Exhibit A was the new one, with Exhibits B, C, D and E giving some vignettes of the proposal. The density has been reduced from 64 to 60 units. Landscape Architect Donald Boos, 20863 Elenda, Cupertino, and 304 Bryant Street, Palo Alto, pointed out the major changes to the plan. Now there is a continuity of access throughout the project. All unit entrances are now from the street side or driveway side. They have further developed a cluster concept around a court. There is ingress/ egress for the restaurant from Stevens Creek Blvd., with secondary access from Stelling Road. The tennis court area has built-up planters and benches. Exhibit E details the mounding and landscaping. The garages for the units are 2' below grade level and you go up 4 steps to the first floor, and then go up a few more steps to the bedrooms. They have added atriums and garden courts to the units. They have an additional 26 parking spaces for guests, in addition to the three parking spaces for each unit. He emphasized the grand oak and vision of the village green beyond as you enter the project from Alves Drive. Comm. Cooper asked what improvements had been made to integrate the village green, the tennis club and Memorial Park. Mr. Boos said they have achieved this with compatible landscaping. There will be a combination wood/masonry/stucco perimeter fencing totaling 8' in height. This may be a 6' fence on a 2' berm or wall. Mr. Boos answered Comm. Adams that there is a fire exit in the upper lefthand corner. Comm. Cooper was answered that at the present time there is no pedestrian access between the two developments„ There could be such an access later, when the need is demonstrated. Comm. Cooper was concerned about the orientation of the tennis courts, and the "sea of asphalt" large masses of paving in relation to drainage as well as general appearance. Mr. Boos said most of the water will be drained before itleave the site. Mr. Timothy Quinn, 1731 North First Street, San Jose, representing NoltE: Engineers, explained the drop in elevation from west to east. There is a total drop of about 121. Mr. Keith Pritchard, 525 West Remington Drive, Sunnyvale, said they have agreed to include in the CC & F:'s that the amphitheater in the park may have concerts and other activities from time to time. They have discussed with the staff the kinds of equipment to be used in the amphitheater. The clubhouse will include four handball courts. PC-183 Page 8 25-Z-74 approved 27-U-74 approved 31-U-74 approved 26-TM-74 approved IMINUTES OF THE MARCH 10, 1975 PLANNING COMMISSION MEETING (Chairman Gatto observed that this proposal meets the trip end constraint. Mr. Boos said they are talking about perhaps one intramural tennis tournament per year, with possibly 100 people involved. The Planning Director said he spoke to the college across the street and they welcome use of their parking lot for this type activity. In addition, Condition 12 requires that any tournament must get permission from the City. Moved by Comm. Adams, seconded by Comm. Woodward to close the public hearing. Motion carried, 4-0 (Moved by Comm. Adams, seconded by Comm. Woodward to recommend approval of application 25-Z-74 with conditions 1 through 16. AYES: Comm. Adams, Cooper, Woodward, Chairman Gatto NOES: None ABSENT: Comm. O`Keefe Motion carried, 4-Q Moved by Comm. Adams, seconded by Comm. Woodward to approve application 27-U-74, with conditions 1 through 21 as previously enumerated. AYES: Comm. Adams, Cooper, Woodward, Chairman Gatto NOES: None ABSENT: Comm. O'Keefe Motion carried, 4-0 Moved by Comm. Adams, seconded by Cemm. Woodward to approve application 31-U-74 with conditions 1 through 25 as previously enumerated. AYES: Comm. Adams, Cooper, Woodward, Chairman Gatto NOES: None ABSENT: Comm. O'Keefe Motion carried, 4-0 Moved by Comm. Adams, seconded by Comm. Woodward to approve application 26-TM-74 with conditions l through 18 as previously enumerated. AYES: Comm. Adams, Cooper, Woodward, Chairman Gatto TOES: None :ABSENT: Comm. O'Keefe Motion carried, 4-0 a `MINUTES OF THE MARCH 109 1975 PLANNING COMMISSION MEETING PC-183 Page '9 Mr. Pritchard wanted, the Planning Commission to -know that they wil be as permission to put a structure on the property for the i purpose of selling memberships to the clubs UNFINISHED BUSINESS: None NEW BUSINESS 4 o Request for clarification of height wregulations by Mr. Nick Bogdanovich for a proposed residence at 22201 McClellan Road. The Assistant Planning Director, said this lot slopes down from the road and overlooks the Horse`Ranch parka This plan is essentially for a two-story home, but'with a cement slab under - neath.for the purpose of holding the furnace and hot water heaters" Mr. Bogdanovich said the slab will be:12 x 12 and will only be big enough to hold these two items. Juanita McLaren said this property is very difficult to develop;, .due to the slopes , Mr. Bogdanovich. said existing pine trees will shield the view of portions of the house from the park. -Moved by Comma Woodward, seconded. by Comm — Cooper, that this Bogdanovich Commission finds,.pursuant to Section->69a3 of Ordinance 220, proposal is that the :proposedthree-story structure is compatible with -the compatible immediate neighborhoods w/neighborhood' AYES:' Comm. Adams, "Cooper., Woodward, Chairman- Gatto NOES: None ABSENT: Comma O'Keefe Motion carried, 4-0 5e BECKER INSTRUMENTS AND PHOTOGRAPHIC OPTICS --Taken off calendar. ENVIRONMENTAL REVIEW COMMITTEE: Recommendation for'Negativ.e Declaration 6. Application:. 2-EA-75 Applicant: City of Cupertino Project Name: Civic Center Landscaping; -Turfing of School Properties, Wilson -.Park Entrance I PC-18 3 Page 10 MINUTES OF THE MARCH 10, 1975 PLANNING COMMISSION MEETING Location: Civic Center, Nilson Park, Monta Vista School, Stevens Creek School, Faria School, Wilson School. Discretionary Action Requested: Providing irrigation and turfing of the sites listed above„ The Assistant City Engineer briefly explained the proposal. Moved by Comm. Adams, seconded by Comm. Woodward to have the Planning Director file a Negative Declaration on application 2-EA-75. Motion carried, 4-0 REPORT OF THE PLANNING COMMISSION --- None REPORT OF THE PLANNING DIRECTOR The Planning Director asked the Commissioners to read the staff memo regard-i_ng H-Control prior to the next meeting. ADJOURNMENT - Moved by Comm. Woodward, seconded -by Comm. Adams to adjourn this meeting at 12:26 a.m. to 7:30 p.m. March 19, 1975. Motion carried, 4-0 ATTEST: /s/ Wm. E. Ryder City Clerk APPROVED: /s/ John M. Gatto Chairman