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PC 04-30-90 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSIDN HELD ON APRIL 30, 1990 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman C1audy Vice Chairman Mackenzie Commissioner Adams Commissioner Mann Commissioner Fazekas Staff Present: Robert Cowan, Director of Community Development Mark Caughey, City Planner Ciddy Wordell, Associate Planner Michele Bjurman, Planner 1 POSTPONEMENTS OR NEW AGENDA ITEMS: -None WRITTEN COMMUNICATIONS: M. J. Bishop, Kaiser ORAL COMMUNICATIONS: -None CONSENT CALENDAR: -None PUBLIC HEARINGS: Application No(s): 5-GPA-89: Public hearing to consider text amendments to various elements of the General Plan related to : 1. Initiation of a request by Sylvia Baghdasrian for a land use designation change for properties on stevens Creek Boulevard (Assessor's Parcel Numbers 342-12-022, 023, 024, 025, 026, 027, 028, 036, 037, 038, 094 and 095) from low density (1-5 dwelling units/acre) to med./high density (5-10 dwelling units/acre) residential. Ms. Ciddy Wordell stated the discussion at this hearing was items scheduled for stage II of the General Plan. She stated the General Plan review was divided into three stages. She explained what each stage involved noting that stage I is consolidating the General Plan and updating the format, which has been accomplished. Stage II is minor updates regarding data and policy amendments. Stage III is the Goals Committee, major policy changes and issues. PLANNING CO_ISSION MINUTES Regular Meeting of April 30, 1990 Page 2 staff Presentation: Ms. Michele Bjurman stated this is a citizen request for a General Plan map amendment to increase the density designation. She noted there are two review stages for this request. stage I is a determination whether the particular general plan request warrants a public Hearing. She noted there were 12 legal parcels involved, fronting stevens Creek Blvd. She stated that the lots are all 10,000 sq. ft. with a few exceptions. She noted the proposal was not med./high (5-10 dwelling units) as stated in the staff report, but was actually 10-20 dwelling units. She noted the determination should be based on the degree this request would benefit the community as a whole as well as whether it is compatible with the General Plan. She stated staff has worked with the property owners and has advised the owners against incremental development on Stevens Creek Blvd. She noted if this goes to city council the parcels must be developed cohesively and a circulation pattern with access to Stevens Creek Blvd. must be developed. In response to Com. Mann's question Ms. Bjurman pointed out the mUlti-family units. Com. Adams questioned the surrounding neighborhood. In response to Chr. Claudy's question Ms. Bjurman stated they had 10 signatures involved in this issue. She stated the General Plan density on the Condos behind the project is 5-10 dwelling units per acre. Com. MacKenzie stated the surrounding area seemed to be 5-10 DUlAC. Ms. Bjurman clarified this and pointed out the properties which have a density of 5-10 DUlAC. The public hearing was opened. Applicant Presentation: Ms. sylvia Baghdasrian stated they were aSking for the same zoning as the condos north of the project. Com. Adams asked the applicant why this is being requested. Ms . Sylvia Baghdasrian explained the surrounding neighborhood stating this proposal would provide uniformity in the neighborhood. In response to Com. Fazekas question Ms. Baghdasrian stated the properties would stay under separate ownership. She noted that combining driveways may not be feasible. Com. Adams stated he could not find a good reason for this to be a General Plan Amendment. He expressed concern regarding the traffic on Stevens Creek Blvd. He stated if the property was rezoned similar to the property to the north, the driveways onto stevens Creek Blvd. should be reduced. He suggested combining properties. PLANNING COMMISSION MINUTES Regular Meeting of April 3D, 1990 Page 3 In response to Com. Mann's question, Ms. Baghdasrian stated there were retaining walls to mitigate the noise and dust of trucks. She noted that new property owners will be aware of the noise and trucks. Mr. caughey stated that staff recommends a public hearing process so as to give the property owners the opportunity to try and work together on a development plan. He stated that allowing a higher density than the General Plan may give incentive to the property owners to work together. Ms. Baghdasrian stated the dimensions of the lot is 75 ft. by 145 ft. Mr. Phil Zeitman, 22907 Cricket Hill, stated he felt it is important to stay with the original General Plan unless the 12 property owners work cohesively. He stated allowing the extra density for each individual property owner creates more traffic on Stevens Creek Blvd. Mr. Varouj Baghdasrian, 22757 Stevens Creek Blvd. asked why a fire station and Church, which is zoned R3, is in the neighborhood. Mr. Mark Caughey stated the General Plan has a statement which allows Quasi Public Uses to be initiated in any zoning district. He stated a General Plan change is not needed at this time, but possibly a zoning change. Ms. Bjurman explained the criteria needed to determine if the application warrants a public hearing as stated in the staff report. In response to Com. Mackenzie's question regarding a condition to require participation of a group of property owners, Mr. Caughey stated this could not be done with the General Plan, but setting the density range could be required. Chr. Claudy stated it was appropriate to consider the amendment. He noted he would like to see the property developed cohesively. He stated the zoning should not be changed. Com. Mann stated she would like to see the property developed cohesively. Com. Adams Amendment. development stated he was hesitant to consider a General Plan He noted if there is a potential of making a cohesive he would consider having a General Plan hearing. Com. Mackenzie stated it is feasible to do something better with the property. Com. Fazekas concurred with Com. Mackenzie. PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 4 It was determined by consensus of the Commission that a public hearing would be held for this issue. 2. General Plan land use designation change for property at the northwest corner of stevens Creek Boulevard and stelling Road (former DeAnza Racquet Club site) from P (Res, Rec, Incid. Comm.) to PR (Public Park of Recreation). staff Presentation: Mr. Mark Caughey presented the staff report. He stated the city intends to develop this site as a multi-purpose acti vi ty center. He noted the reason for the General Plan amendment is because the application needs rezoning to the parks and recreation zoning. He noted the current designation as private recreation facility presumes private ownership of the land. He stated as it is now owned publicly, the attorney advised redesignating the property to parks and recreation. In response to Com. Mackenzie's question regarding the changing the designation from private to public, explained the reasons why this is done. necessity of Mr. Caughey The public hearing was opened. It was determined by consensus of the Commission that a public hearing would be held for this issue. 3. Residential development intensitv for infill areas Ms. ciddy Wordell stated this issue was raised because there were concerns that lots to be subdivided or combined in a zoning district would result in the lots being smaller than the lots in the surrounding area. This is a protection for the existing neighborhood. Ms. Wordell stated the lots involved are explained in the staff report. She noted there could be any number of lots in zoning districts that could be created through combining of lots that are smaller than the surrounding area. Ms. Wordell showed an example of this. The public hearing was opened Com. Mackenzie stated if the policy was put in the General Plan then it would override the zoning rights. Com. Fazekas questioned why this issue was raised. Ms. Wordell stated that the city could control zoning through the general plan but the new policy would be a guiding light. She stated the Commission will give a consensus on the amendments they would like to consider and there would be an environmental analysis. Com. Adams questioned this policy. PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 5 Ms. Wordell stated if the Commission support the policy they will be retaining the 15,0000 sq. ft. lot on a case by case basis by not allowing the reduction of a lot if it did not fit with the neighborhood. She stated if this policy was adopted the decision would be based on judgment. The public hearing was opened. MS. Nancy Burnett, 729 stendhal Lane, asked how do the General Plan issues fit it with the Goals Committee. Ms. Ciddy Wordell stated the policy changes are minor and will not affect the outcome of the Goals Committee. Com. Mann stated she would support this policy. Com. Mackenzie, Com. Fazekas, Com. Adams stated they would not support this policy. Chr. claudy stated people don't want to see changes. He stated he was not in support of this policy and suggested changing the zoning. Com. Mackenzie stated he does not think this is the right mechanism. He suggested changing the wording to reflect that zoning decisions the Commission will consider neighborhood land use patterns and try to preserve it where reasonable. It was determined by consensus of the commission that a public hearing would be held for this issue. Hazardous Waste Manaaement Mr. Mark Caughey stated that last year there was a request to endorse the Santa Clara County Hazardous Waste Management Plan. He stated that direction from the Council was to work with County to implement the County plan and also establish a series of local policies for Hazardous Waste Management. He stated the components of the local hazardous waste management have been specified in the Green Amendment of the Tanner Bill. He noted a map is required to designate generalized site where hazardous waste sites could be located. He noted the City is required to have a series of policy networks which describe the objectives for the purpose of hazardous waste management. He stated the key element is to create an actual implementing ordinance which specifies the approval criteria, the permi tting process. A requirement is for the proponent of a hazardous site to provide a risk assessment and a modern mitigation program as well as an opportunity for the city to recover the cost of processing. Mr. caughey stated they have been following a model of the county's. PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 6 In response to Com. Fazekas question Mr. caughey stated there are no off-site hazardous waste sites, but a few on site. He stated that the Vallco site was designated because it was far enough away from fixed populations. In response to Chr. Claudy's question Mr. Caughey stated that one of the key policy provisions in the local plan was the endorsement of regional planning for management of hazardous waste and stated this was still a controversial aspect of the County Plan. He stated the City is looking for the ability to aggregate processing capacity treatment in different parts of the area specified by the participating jurisdictions. He noted the state wants to say how big facilities should be. The public hearing was opened. It was determined by consensus of the Commission that a public hearing would be held. Unincorporated lands west of urban service area Ms. ciddy Wordell stated the proposal is to recognize the County's General Plan in the city's General Plan related to the land west of the urban service area (unincorporated area). She noted the County policy was compatible with Cupertino General Plan. She noted the County does encourage the importance of mineral resources. She stated the City recommends creating policies which would recognize the county's General Plan. In response to Chr. Claudy's question Ms. Wordell stated current levels meant not expanding the activity level of the quarry. Mr. Cowan stated the issue is the volume of material shipped out. He noted there was an agreement between Kaiser and the County as to a certain volume yearly. He noted the quarry does have a plan with the county in terms of what gets quarried. In response to Com. Mann's question Ms. Wordell stated the County Ordinance was stricter than the City Ordinance. The public hearing was opened. It was determined by consensus of the Commission that a public hearing would be held for this issue. Reaional transportation (T2000) policy Ms. Wordell stated staff is recommending additional information and policies in the General Plan on regional and County transportation plan. She stated the County requested the City to consider the T2000 plan. The City is in support of the regional policies. She noted three areas affecting Cupertino. She noted there is a need PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 7 for Transportation Management Plan, air quality regulations are coming from the state through regional transportation. Regional transportation and state law are requiring all jurisdictions to consider additional measures to reduce traffic congestion. She stated it was the City's recommendation to include additional information of the transportation Management Plan in the General Plan with consideration of other measures. She noted that staff's recommendation agrees that land use plays a part in transportation planning but land use control should stay at the local level. Ms. Wordell stated in the distant future a rail line is planned for Highway 85 median and if this is considered land use planning surrounding the rail line would be considered with the rail line decisions. Mr. Cowan stated that when stage III come up there will be more discussions and detail on Transportation Management Plan. The public hearing was opened. It was determined by a consensus of the Commission that a public hearing be held for this issue. Mineral resources Ms. Wordell stated more language should be included then what state policy regarding the production of mineral resources requires. The changes that Kaiser suggests is instead of the City's language being limiting, their language is qualifying under certain conditions. She noted the state did require the lead agencies to create policies which are supportive of mineral resource extraction. She noted the County was the lead agency for cupertino and stated that policies recommended were similar in wording in regards to recycling. She stated state law prohibits limiting operating hours on the road, but the County has put a limit on the time the truck can go to the quarry. Ms. Wordell stated staff's recommendation is to incorporate some of the additional policies related to recycling and to keep the language that would limit the level of activity. The public hearing was opened. Mr. Tom McKenzie, Stevens Creek Quarry, submitted a letter to the commission. He stated cupertino is a lead agency in preventing urban encroachment on the quarries, which has happened. He expressed concern regarding the increase of density on Stevens Creek Blvd. Mr. McKenzie gave the background on the closing quarries stating that in the near future Stevens Creek Quarry will be taking their load. He expressed concern regarding the limitation on work hours. Mr. Cowan stated the City should maybe take a proactive stand in terms of encouraging quarry operation. He noted the policies staff PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 8 is recommending are policies that were established on an adhoc basis by the council with regards to County actions regarding the quarries. He stated these policies will be sent to the County for their input. Chr. Claudy stated there has to be trade-offs. In response to Com. Mann's question Mr. McKenzie stated trains do not go to were aggregate is needed. In response to Com. Adams question Mr. McKenzie stated the six tons per year required is for all uses. He stated that he would guess 3% to 5% of the material is reclaimed because dumping had become costly. He noted the quarries were the best place to do the recycling. Com. Adams asked if the reclamation of materials increased would it decrease the need for quarrying. Mr. McKenzie stated there were quarries not being worked at this time. Chr. Claudy questioned a typical run for the trucks. Mr. McKenzie explained this stating 10 to 15 miles is the radius. Mr. McKenzie stated the limitation the County put on the quarries is prohibiting the capability of supplying to contractors working overtime. He stated there is a limit on the number of trucks that can go on Stevens Creek Blvd. Com. Mann stated that the volume of trucks is basically the same over the last 13 years, but stated that some months are worse than others. Mr. Michael J. Bishop, Kaiser Cement, stated he sent a letter to the Commission and would be available for questions as they are concerned regarding the issues. He stated the truck traffic does fluctuate over the year and expressed concern regarding urbanization on stevens Creek Blvd. In response to Chr. claudy's question Mr. Bishop stated the trucks do travel further. He stated the trucks carry more aggregate and are covering the same area as the steven Creek Quarry. Mr. Bishop explained where the other cement plants were. He noted that plant is running to capacity and in response to Com. Mann's question he stated that rail is only used as a loading point and it would be more costly also they were supplying a local market. The Commissioners agreed to hold on this issue until they receive the County's comments. PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 9 ~ Reforestation (tree maintenance and planting) Ms. Wordell stated there were several reconunendation from the energy Committee to include background on some polices that encourage tree maintenance and planting in cupertino. She noted the Energy Commission would like to have a Tree Management Plan where trees located on public property would be identified and protected. She stated the Energy Commission is suggesting a heritage tree ordinance to protect such trees on private property. A strategy of the Energy Commission was for grant applications to support some of the programs. The public hearing was opened. Ms. Nancy Burnett, 729 Stendhal Rd, stated that the City does need an Ordinance for this issue. Com. Mackenzie stated there is a need for a tree ordinance, but questioned whether it should be part of the General Plan. Mr. Cowan state if it was in the General Plan it is easier to add conditions of approval to reinforce the ordinance. Com. Adams and Com. Mann spoke in favor of the policy. Chr. Claudy stated the Commission had concern regarding trees on private property. He talked about the general concept of landscaping stating he would like to see the City require owners to maintain their property, either by the City maintaining it and bill the owners or requiring the owners to do it up front and maintain it. Com. Adams suggested some kind of requirement to keep property maintained. Mr. Cowan stated if areas were required to be landscaped and not maintained adequately they are in violation of condi tions of approval. He noted the Energy Commission was more concern about trees. Com. Mackenzie suggested under "strategies" there should be conditions of approval and suggested that the design provide landscaping and tree protection. Also have a strategy to obtain an easement from the developer to ensure trees are visible and available to the public. Mr. Cowan stated there are landscaping guidelines in the General Plan. He noted there will be a separate policy for the details of landscaping. Com. Mann suggested the heritage tree policy be taken on by the Goals Committee and to prohibit cutting down such trees. PLANNING COMMISSION MINUTES Regular Meeting of April 30, 1990 Page 10 -- The Commissioners agreed to hold on this issue at this time. General statistical uDdate Ms. Wordell stated there are recommendations regarding land use, circulation and other elements as stated in the staff report. She suggested that the Commissioners submit written comments on these issues. SECOND: VOTE: Com. Mackenzie moved to continue General Plan Amendment to May 29, 1990 Com. Fazekas Passed 5-0 MOTION: ADJOURNMENT : Having concluded business, the Planning commission adjourned at 10:05 P.M. to the next Regular Meeting of May 14, at 7:30 P.M. Respectfully submitted, ~ M. Rob:.u~~ Catherlne M. Robillard, Recording Secretary Planning Commission Meeting of May 14, 1990 r Clerk