PC 02-10-75CITY OF CUPERTINO, STATE OF CALIFORNIA
PC"179 i.
.10300 Torre Avenue-, Cupertino, Calif ornia 95014 Page 1
Telephone: 252--4.505
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MINUTES OF THE REGULAR MEETING OF THE PLANNING.COMMISSION
HELD ON FEBRUARY 10., 1975 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
Chairman Gatto called the meeting to order at 7:38 p.m. with the
Salute to the Flag.
ROLL CALL
Comm.. present: Adams, Cooper, O'K.eefe, Woodward, Chairman,Gatto
Comm. absent: None
Staff present Director of Planning & Development Sisk
Assistant Planning -Director Cowan
Assistant City Attorney Kilian
Assistant .City Engineer Whitten.
APPROVAL OF MINUTES
Minutes of Regular Meeting of January 27, 1975:
Page 4, third paragraph from the bottom: Change "Counc," to
Page 7, paragraph 6: After the first sentence'.add-: "He could not
endorse this proposal which might limit the use of Memorial Park<
We are considering a considerable housing application which is
backing up against a residential development on the northeast
section of Memorial Parka The very area for outside activities wid
loudspeakers, with unquestioned day use planned before us today`
does. not take this into consideration."
Page 9, the middle paragraph, line 6. Sentence should read: "She
would prefer to achieve open space, and a multi --story development,
might even be more appropriate,
Page 9, next to the last paragraphs line 4: After "berming" add
"between the -tennis club and residential area"�
Moved by Comm, O'Keefe, seconded by Comma Adams to approve the
Minutes of January 27, 1975, as amended.
-0
Mohan carried, 5
i
!.1C-179 1MINUCES OF THE FEBRUAI:Y 10, 1975 Pf, vNN I-NG CO'ElI.SSION Lv HETING
lg I'ae 2
i-V-75
approved
POSTPONEMENTS, etc. -- None.
BITTEN COMMUNICATIONS --- None.
JORAL COMMUNICATIONS -- None.
(PUBLIC HEARINGS
I. Application 1-V-75 of DIVIDT,-,0) INDUSTRIES, INC.: VARIANCE to
reduce the required rii.ni.muin rear setback distance For a duplex
building from ten feet to nine feet on Lot 1, Tract 5615. Said
property is located at the southwest corner of Vista Drive and
Forest Street. first Hearing.
�Coinm. O'Keefe abstained from this public hearing on the basis that he
dives across the street from the prc)erty in question.
The Planning Director introduced the proposal and referred to details
in the staff report dated January 24, :L975. An informational exhibit,
dated 12-31-75 was displayed on the screen. One corner of the proposed
structure projects to within nine feet of the rear property line, which
is a large radius as Vista Drive turns westerly and becomes Lazaneo
Drive.
The requirements for a variance were reviewed.
Mr. Arthur Anderson, 405 North Central, Campbell, California, said
he was representing Dividend Industries, Inc., and offered to answer
any questions. He said there will be a 6' masonry wall. along this
corner radius.
Moved by Comm. Woodward, seconded by Comm. Adams to close the public
hearings.
Motion ca:-ried, 4-0-1
`loved by Comm. Cooper, seconded by Comm. Adams to approve application
I-V-75, subject to the 14 standard conditions and conditions 15 & 16
as indicated by the staff.
VES: Comm. Adams, Cooper, Woodw�.rd, Chairman Gatto
DOES: None
USTAINED: Comm. O'Keefe
Motion carried, 4--0-1
Findings: a) There are exceptional. and/or extraordinary circumstances
In that the turning radius is rather Large; b) The granting of the
ipplication.is necessary for the preEernation and enjoyment of substantial
>roperty rights of the petitioner; and c) The granting of this
t
PC_179 MINUTES OF THE FEBRUARY 10, 1975 PLANNING COMMISSION MEETING
n age 3
application will not, under the circumstances of this particular case,
materially affect adversely the health or safety of persons residing or
working in the neighborhood of the property of the applicant and will
of articular case, be materially
ecircumstancesthese
0 under th p
not,
detrimental to the public welfare or injurious to property or improvements
of said neighborhood.
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2. Application 2-U--75 of W. J. HERMAN (KESTER PROPERTY) USE PERMIT
to allow construction of a maximum of 61--unit cluster development
on 17.9 acres located adjacent to and*.easterly of Stevens Canyon
Road approximately 200 feet southerly of Riverside Drive. First
Hearings
The Assistant Planning Director introduced the proposal, The use permit
represents the second step in this proposal since the conceptual plan
was heard by the Planning Commission at the last meeting and will be
heard by the City Council at their next meeting, A condition was
attached to the zoning approval in that the number of units may not
exceed 61, and further, that the density could be reduced based on data
in the forthcoming geological report
The Assistant Planner said these 17+ acres are located south of Riverside.
Drive and east of Stevens Canyon Roada Properties to the west are a
series of semi -developed County properties.- At the panhandle portion
of the property the density is ,more intense, but the fact that the
property drops off just beyond these boundaries means there will be
no developable lots around this panhandle.
Colored slides of the property were shown
There were three basic issues to be resolved: geology,, traffic and
grading Although condition 18 of Resolution No. 1391 stipulates the
requirement for additional geologic work, prior to tentative map time,
the staff and the applicant agreed the use permit stage is a better time
to clarify this question. The February 6, 1975, letter from Burkland
and Associates (geologic consultants), was introduced into the record.
Comm. OtKeefe was concerned about whether scarring of the land is
necessary to determine whether or not there is a fault on this property.
Mr. J eoffrey Swett, 343 Second Street, Los Altos, of Enviros, the
firm that prepared the Environmental Impact Report, explained how it
was determined whether or not there were anomalies on the property. f
The soils people found the property generally very stable.
The Assistant City Engineer explained the traffic analysis, which can
be found in the February 7, 1975 staff_ report on application 2-U-75,
�:-179 MLNUTES OF 'fill: FE3I'JJA11Y :LO, 1975 PL' vNIiJG CC)"I�ICSSION NLET'ING
4 1
The IAssi.st�int Planning Director reviewed the master site plan of the cut and fi.l_1 grading I -or this proposal. The homes along the north
Should have a low profile to mininii,�e interference with the view.
The parking ratio is fir above that required by the ordinance.
There is a very good setback distance betc,Jeen Riverside Drive and
'the homes along the north border. H-Control Will have to carefully
review the cut, Which should not ex,,eed 2:1 in order 'that it may be
i
(planted.
It was brought out that these are Lwo--bedroom units that are non -family
oriented.
�Mr. Herman, the applicant, answered Chairman Gatto that the private
ownership will encompass the home arltd patio and all the rest of the
property will be in common ownership. There are about 1-2 units with
balconies in lieu of patios. There are no fences around the units.
Mr. Herman said he has been approached by the Deep Cliff Golf Course
people about a property exchange, trading a long sliver of property
along the golf course for additional property at the panhandle. This
would mean the present fence along the top of the hill would be moved
down to the base of the hill.
Chairman Gatto asked for comments from the audience.
Mr. R. W. Roberts, 22364 Riverside Drive, was assured that all units
are single story except for one townhouse at the toe of the property.
Mrs. Sharon Blaine, 22284 De Anza Circle, said her home is near Drea
Road. They are concerned about the development and its impact on the
neighborhood. This is the best proposal that she has seen for this
property. The visual impact is good, but she is concerned about traffic
that will be generated by this development. She asked that Drea be
left closed and only to be used in cJses of emergency. She added that
the De Anza Oaks development has 200 residences and only one entrance.
Mr. John Finemore, 22374 Riverside Drive, objected to the cutting and
grading and would prefer to have ret,ntion of the natural, undulating
surface. The Assistant Planning Dir-,ctor agreed there will be a "stepping
situation" by the homes and we will Dave to try to rai.t.i_gate this with
landscaping. The Assistant City Eng'neer confirmed that the orange areas
on the map represent 1' to 4' of cut. This is to achieve a buildable
pad.
Kr. Finemor.e also would like to see fine utilities go underground. The
kssistant City Engineer said the developer will be required to put all
itilities underground. If the people on Riverside Drive would like their
)oles underground it could be done at. their expense.
MINUTES OF THE FEBRUARY 10, 1975 PLANNING COMMISSION MEETING PC--179
Page 5
Mr. Finemore askedabout the status of the proposed trails system
in this area. The Planning Director stated that there are no
trails at the present timer In the event there are in the future,
they must make all-owances for them now.
The Assistant Planning Director said, in regard to the grading,
that there is very little cut in the panhandle. The knoll will
be cut. There will be 3 major buildings on the knoll
Mrs. Helen Weagart, 10900 Urea,: said hers is the only existing
house on Drea Road, She thinks the general plan here is very nice.
She asked about the proposed property trade, which was news to
her. Her concern was about the possibility of about 120 retired
people walking along the path, across her property, to get to, the
golf course This has yet to be resolved,
Mr. Martin Hall, Par Three Driver Cupertino, local developer,
stated that this is one of the finest development proposals he has. j
seend
Mr. Dale Milligen, 22530 Ricardo Road, said his property bordersto j
the property in question„ He wanted to know how the transition is
going to be handled. Mr. Herman said that from a.planning stand-
point, Drea Road should be open however, if the people pre:-er,
it can be closed offs
Mr. Sam Bradlyn, 22344 Riverside Drive, asked about the status
of the fence between this and his property. Mr. Herman said they
intend to leave the chain link fence where it is and there will be
shrubberies, not to exceed 15` in height. Mr.' Bradlyn believes
the existing building should be computed into the density figure.
Mrs Dale Adams,.10734 Deep Cliffe Drive, is interested in main-
taining their nice, -quiet neighborhoods He asked about the status
of the suggested alternate egress by the Buck Norrad stables,
Also, he would like to have the trails system considered here.
He would like to have the Drea Road access eliminated°
Mr. Dean Sayre, 1-0805 South Stevens Canyon Road, said he could not
see putting people down in this "hole". He cited instances around
the country in which dams have failed. He also called attention t
all the automobile accidents that have occured at this corner
Mrs. Beverly Weintraub, 22334 Riverside Drive, felt the plan call. .'
for too many units. She felt that just because there would be no
children here was no reason for lack of green, open space°
i'C--179 MNUTFS OF TIIB 1F;BRih1RY 1.0, 1975 PL`NIENG CO I.11SSiON HIE' I!]TI�;G
'Upon request of Comm, Ad:.ims, there. , as further clarification of the
anomalies shown on the mr 0 tomeLer traverses and an interpretation
of the geophysical data, althou;;h t!:e geologist was not present at
this meeting to answer questions not covered in his report.
Ms. Stella Kester, 10350 Stevens Ca,i;lon Road, described ho,:a the debris
;and the concrete slab happen to be i.here.
Alvoed by Comm. O'Keefe, seconded by Comm. Woodward to close the public
.hearing.
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i Motion c�.cried, 5-0
In the event this application was t(; be approved at this meeting,
Comm. Adams suggested a mod:ificati.oi to condition 16, including geology
;and soils work be done below the sp:i.ng on the western portion of the
!property line, With regard to Drea exit, this second egress should be
'for emergency vehicles, and a break -:away barrier should be installed.
!Comm. Cooper would like to see some :access here for bicycles and hikers
Jbut not for motorcycles,
i
jComm. Cooper is concurred about the grading of the knoll. The Assistant
;City Planning Director said the max :,,uin cut is 4' and will allow 4-5
units on the knoll, 1'1Ir. Herman noted these i.ini.ts will be about 13'
;above the golf- course. Also, he eml.hasized that they do not want to
disturb the existing mature trees. ''hey are moving as little dirt as
possible.
!Comm. O'Keefe concurred with the reconun%ndati_on for expansion of
(Condition 16. He is concerned about the forthcoming geological report.
Drea should be closed but should allow for emergency vehicles. He
irepeated that 61 units density is not a certainty at this time, based
Ion the geological report.
Comm. Woodward had an additional cha'.ge to condition 16: That the
grading plan be changed to allow a greater flat area on top,
Comm. Cooper suggested elimination o.- the first unit.
That the grading and site plan for. the Stevens Canyon Road/private drive
entrance area shall be modified as follows: a) The vertical alignment of
the private drive shall be modified Co provide a relatively flat stacking
space for four cars; b) The unit opposite lot 17 of tract 3571 shall be
shifted 5' in a southerly direction ,trd shall have a maximum finish floor
elevation of 442; c) That the modi_fic,,1 grading; plan shall not require
the construction of a retaining wall over 4' in height.
a
MINUTES OF THE FEBRUARY 109 1975 PLANNING COMMISSION MEETING .PC-179
Page 7
Moved by Comm. O°Keefe, seconded by Comm. Woodward to approve" 2-U-75
application 2--U--75 , subject to standard conditions 1 through 14, approved
conditions 151 16 as amended, 17 as recorded and amended, 19, 20,
21 with 9 clauses including only emergency access to Drea, and
condition 22 with 5 clauses.,
AYES: Comm., Adams, Cooper, O'Keefe, Woodward, Chairman Gatto
NOES: None
Motion carried $ 5-0
S
This will go to the City Council on February 18thr
Supervisor Ralph Mehrkens complimented the Planning Commission on
its thorough handling of .public hearings...
Chairman Gatto called: a recess at 10:35 p.m. The meeting reconvened
at 10 55 p.m.
Mrs. John. Hillquist, 20685 Rodrigues Avenue, was present to discuss
the Fence Ordinance,
Due to the late hour, agenda item 4 concerning an. -:amendment to Fence Ord
the Fence Ordinance, it was moved by Comma Adams, seconded by cont�d to.
Comm. Woodward to continue this to February 24,.1975� Feb. 24th
Motion carried, 5-0
3< Applications 35-Z-74 and 25--TM-74 of SHAPELL INDUSTRIES OF
NORTHERN CALIFORNIA, INCda REZONING 0.55 acre from CG
(General Com-nercial) and. 0,51 acre from R3-2o2 (Residential,
multiple, 2200 s� ft. per dwelling P , ry q p fling unit) to R2-4a25
(Residential, duplex, 4,250 sq. ft per dwelling unit) or
whatever zone may be deemed appropriate by the Planning
Commission.; TENTATIVE MAP to divide two recorded parcels
consisting of 1.06 acres into four duplex lots. Said .
property�is located at the northwest corner of the intersection
of Foothill Blvd. and Silver Oak Way and the Southwest corner
of Foothill Blvd. and Silver Oak Way westerly of an. existing .
service station.. First Hearinge
The Planning Director stated that during the general plan delibera
tions it was determined that generally, this entire quadrant
would have the ability for professional office, commercial and
.residential_ uses,
iIINUThS OF Tiff -1011 1975 VL.INNf.NG Co "HISSTON Mi?i';'1'ING
Mr. A. Bcilough, 22634 Lubertz Oak Drive, said lie was representing
Shappell Cndustries, cnd offered to answer any questions.
Mrs. Mary P . Bean, 1.01 43 Amador Oak Court, wanted the 1'_1_anning Commission
to be a�,,are of the problems in that area before this property is rezoned.
She requested the requirement of alnT:1e Off-street parking since parking
has become quite i problem a_lorig Silver Oak .,'ay, Also, their egress
onto Foothill Blvd. is a problem, especially with the Permanente trucks
being allowed the free right turn a!- the intersection with Stevens Creels
Blvd. She requested a stop sign at this intersection so the trucks will
have to start slowing doti�ni by the time they reach Silver Oak Way,
Comm. O'Keefe cited the Kansas City study, in which it was determined
there is a correlation between street parking and crime. He said that
we also have here two sharp curves making a potential hazard. fie would
like to minimize the hazard before i e accidents occur.,
The Assistant City Engineer called attention to the fact that the north-
west corner of Stevens Creek Blvd. end Foothill Blvd. is under. County
jurisdiction.
35-Z-75 Moved by Comm, O'Keefe, seconded by Coiiim. Woodward to approve application
:;proved 13'5-Z-75.
AYES: Comm. Adams, Cooper, O'Keefe, Woodward, Chairman Gatto
NOES: None
Motion carried, 5-0
I'M-75 Moved by Comm. O'Keefe, seconded by Connn. Cooper to approve application
:,,proved 25-TM-75, subject to the 14 standard conditions, conditions 15 and 16
and driveway access to Foothill Blvd, is not permitted.
AYES: Comm. Adams, Cooper, O'Kee e, Woodward, Chairman Gatto
NOES: None
Motion carried, 5-0
Comm. O'Keefe proposed a Minute Ora-. r to direct the staff to make a study
as to the feasibility of whether or riot street parking should be allowed
on Silver Oak Way.
The Planning Commission proposed a Minute Order to the City Council to
contact the County regarding provision of a stop signal at this inter-
section.
4. CITY OF CUPERTTNO: Public hearing to consider amendment of Chapter 16.28
of Municipal Code pertaining .to height and location of fences and
vegetation within the yard setback areas. CONTINUED.
MINUTES OF THE FEBRUARY 10, 1975 PLANNING COMMISSION MEETING PC-179
Page 9
5. Applications 1--Z--75 and 1-U-75 of MAY INVESTMENT COMPANY:
REZONING 5.6 acres from R1--10 (Residential, single-family,
10,000 sq. ft. per dwelling unit) to P (Planned Development
with residential, single-family, cluster intent) or whatever
zone may be deemed appropriate by the Planning Commission.;
USE PERMIT to allow construction of 43-unit cluster develop-
ment. Said property is located approximately 375 feet westerl
of the intersection of Forest Street and Vista Drive and
adjacent to and southerly of the future extension of Lazaneo
Drive between Saratoga -Sunnyvale Road and Vista Drives
First Hearing
Comm, O'Keefe abstained from this public hearing because of his
association with the applicant.
The Assistant Planning Director reviewed the February 7, 1975
staff memo on this proposal., The plans were displayed on the
bulletin board<
Mr. Martin Hall introduced Messrs, Griffin and Finnegan, of
Dick Finnegan`s Officer
Mrs Roger Griffin described the plans for 43 detached living units
on 5-1/2 acres. They will range from 1350 to 1600 :sq, ft, and
will have 2 bedrooms with den or loft. These are designed to be
adult units. Each residence will have 2 or more patios There
will be auto _access from one side and pedestrian access from the
opposite side. The entrance to the development is paved with a
cobblestone appearance, There is a 4` separation between the
units with overhang at the service entrance, Each unit has a full
2-car garaged He then went over the details of the elevations on
the bulletin board> He noted. 2/3 of the project is single story.
There are 151 parking spaces, which meets the ordinance. The
gross density is 7e.66 and net acreage density is 8.27. Building
coverage is 26% of the site, Mr. Griffin said he saw no problem
with the suggestion of reduction of the green area along Lazaneo
and increasing it in the center of the project. He said they are
in agreement with the proposed conditions. He answered Comm.. Adams
that the building envelope is 54' x 24 + 4'. Windows are oriented
to the rear and to the side and not into the other units, They
have determined the units will probably run in the low $50,000's.
The 4` strip between the units will be the own.erst responsibility.
Comm, Woodward was concerned about the, lack of continuity of a
walkway through the project. Mr. Griffin offered to correct this
deficiency.
C- (. 7^I111111,'CI?S OF 'Cliff? I3IZiJA!;Y 1C) , 1.975 fI ,;'liNG CO!I.t[ SS IOV rIl?I'1' 1=NG
1.0
i
;Chairman Gatto observed there are n_
plans for a swimming poI Or
,rE CrCatl.On.il bU L1Cling. 1'Ir". Grlf i in
sr1 Ld buildi.ng costs are such that
tliey are L ry.ing to k0ep them down rl
well as keep the association fees
d(.)wn .
,Chairman GaLto asked for comments L
-ct1 the au(_t:ience.
itiir. Don Miner, P. 0. Box 673, Sarat:,-,
.., Ca. s: id he is one of the
owners of the property contiguous
th this. They have a pipeline
to the Meyer that that Lhey need to
y
:irrigate their property, which has
:been in existance since the 1920`s.
Ile said they are putting everyone
,on notice that they plan to continu,
truck farri.ing Lhei.r property.
Mr. Hall said he is very familiar with
this pipeline. The property
is for sale, so tie was surprised to
dear they are planning to truck farm.
f
:Discussion turned to the layout of f
)o propozsal. Co;nni. Adanis said that
on the one hand there are. advantage,,
t) the separation of buildings and
on the other hand tho-re are disadvur
-,ages,
!Comm. Cooper is concerned about the
_ong, nar.rwr space between the
buildings. She does not know what the
people can do with this property,
!She believes they slicul.d be given a
yard big enough to do something with
for not give them any yard at all.
Mr. Griffin said the banks are not F,'ving out loans now for common -wall
:type units, Also, these are patJ-o i,:'.�mes and it will be very difficult
to leave this land in weeds because it becomes an integral part of the
!home.
f
1Comr.^.. Cooper said she does not know what the residents would be able to/
do with this long, narrow property. Mr. Griffin said they could do this,
!but that would increase the price of the units. He questioned whether the
!people would be willin, to pay $3 to $4000 additional for this open space.
Comm, Cooper next suggested repositi,>ning of the units so they don't
`have that long, narrow strip. Mr. Giffin said this would trade
'landscaped area for driveway area.
Comm Woo
dward said he knows lots of people who don't want a garden.
iHe concerned that with the last i:ve units, they have entrances
! to an alleyway. Mr. Griffin said this offers those people more privacy,
IMr. Hall said that in talking with p(opl.e every day he is learning that
they don't warit just the old side yat-d. They want to utilise this land
because it brings cod -or into the home.
Chairman Gatto said the zoning is .L in,!. But lie questioned the design.
Here we have a single family cluster type development. Ile questioned
a MINUTES OF THE FEBRUARY 10, 1975 PLANNING COMMISSION MEETING
PC-179
Q
Page 11
the need for the large amount of common area in the center of the
development. He would like to see some of that .given tothe
individual units. He thinks we have to go either with single
family or cluster homes here.
Moved by Comm. Coopers seconded by Comm. Adams to close the public.
hearings
Motion carried, 4-0-1
Comm.. Cooper felt the zoning and density were appropriate but not
the plan.
Mr. Dick Finnegan said the quaint little town of Carmel .is a good
example of minimal setbacks. It is a delightful community.
With the cost of things today we have to tighten up the space.
He agreed that they could increase the space around the buildings
at the cost of common open spaced
Comm. Woodward reviewed the requirements of the PD zoned
Comm. Cooper said she comes, into contact with many people, and she
hears them cite the need for more breathing room. She was in favor
of a reduction in the number of units.
Moved by Comm. Adams, seconded by Comm, Cooper to continue..:
1-Z-75 and
applications 1-Z-75 and.1-U-75 to the next regular meeting to
1-U-75
allow the -applicant to restudy and redesign.
continued'
Motion carried, 4-0-1
6. CITY OF CUPERTINO: Amendment to Ordinance 220(e), Cluster
Ordinance, establishing new regulations affecting residential
cluster developments. CONTINUED TO THE NEXT MEETING.
UNFINISHED BUSINESS: None
NEW BUSINESS: None
1.79 fMI;IUIH"; OF TLIF 1,11-J;[ZUARY 10, .1.975 PLANNING COMI` ISS1.ON MEETING
12
"A-75
Decl.
ENUUO '14JENTAL REVIEW COMMIT` E11:: Recommendation for Negative Declaration
7. Application: 1-EA-75
Applicant: Cold::ell Banker Management Corp. (Dr. Brown property)
Location: Bandle.y Drive, north of Lazaneo
Discretionary
Action Requested: Application for rezoning 15.5 acres from P
(Planned Developi::ent with commercial/:industrial
use intent) to P (Planned Development with
industrial use intent)
!The P.le.nning Director said the ERC comiii_ttee reviewed the proposal for
the 1 + acre business park for elect-roaic industries and found the
project to be in conformance with the General Plan and, therefore,
{ reccmi,.iended a Negative Declaration.
Moved by Comm. Adams, seconded by Co;un. O'Keefe to ask the Planning
Director to file a Negative Declaration on application 1-E.1-75.
Motion carried, 5-0
REPORT OF PLANNING COMMISSION: N,,ne
REPO ;`C OF PLANNING DIRECTOR: N _ ne
ADJOU R:`.MENT
Moved by Comm. Adams, seconded by Coci.,n. Woodward to adjourn this meeting
at 12:45 a.m, to 7:30 p.m, on February 20, 1975.
ATTEST:
/s/ Wm. E. Ryder
City Clerk
Motion carried, 5-0
APPROVED:
/s/ John M. Gatto
Chairman