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PC 02-26-79 CITY OF CUPERTDJO, STATE. OF CALIFOP.TIIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (403) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLA.'NING COt1MISSION HELD ON FEBRUARY 26, 1979 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. Blaine called the meeting to order at 7:35 PM with the Salute to the Flag. ROLL CALL Comm. present: Co=. absent: Adams, Claudy, Gatto (7:45), Koenitzer, Ch. Blaine None Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Associate Planner Piasecki Housing Rehab. Counselor Susan Hastings Assistant Planner Toby Kramer APPROVAL OF MI"UTES: Postponed. POSTPONEMENTS OR 1IEH AGENDA ITE1IS: None. WRITTEN COMML~ICATIONS: None. ORAL COMML'NICATIONS: None. PUBLIC HEARINGS: 1. CITY OF CUPERTINO: Public Hearing to cons ider the adoption of n" a Comprehensive General Plan including tile following elements: Land Use, Housing, Open Space/Conservation, Seismic Safety, Public Safety, Noise, Circulation and Scenic Highways. The meeting will concentrate on: A. Consideration of ;¡orking Paper ¡¡o. 6 for Noise Element of General Plan. First Hearing continued. PC-300 Page 1 PC-300 Page 2 HI~UTES OF THE FEBRUARY 26,1979, PLAN¡nNG COM/lISSION MEETING The Director of Plaftning and Development introduced discussion on this matter, stating that Associate Planner Piasecki had been the major contributor at this point~ The Associate Planner reviewed Working Paper No.6, Second Draft, . dated February 1979. He said the Sources of environmental noise found in Cupertino emanate from higaways and freeways, primary arterials and major local streets, passenger and freight on-line railroad operations and ground rapid transit aystem, military airport operations and aircraft overflights, and local industrial plans. Noise attenuation factors to be considered include barriers, landscaping and setbacks, building and site design, and insulating buildings from noise. Freeway 85, as it is extended through Cupertino, should be depressed waerever possible, and should be landscaped. Effort should also be directed toward continuing to ease traffic movements on major streets through town. Local Improvement Districts will be utilized. Tile Associate Planner then gave an overview of his detailed report in Working Paper No.6. Foothill Blvd. traffic was discussed. It was pointed out that Kaiser Permanente does not own those trucks that carry their cement. It is very difficult to control those truck movements. Ch. Blaine stated there is a conflict here between noise reduction and energy efficiency; e.g., sealed windows. Comm. Claudy would like some information on the cost of energy efficient items in any new construction. We have the cost of retrofit. Comma Claudy said he would rather see apartment complexes facing the major streets, having one common driveway, rather than sound walls along the major streets. Comm. Claudy said he has heard that people in ~orth Point are complaining about tne noise since 4 Phase has been constructed. On page 34 of the report, in regard to landscaping, Comm. Claudy said t:,at if we are going to use walls they should be landscaped. In general, he felt tnis was a very good report. On page 12, Policy A-l: the first line "as modified to read: "The' City of Cupertino will strive to ensure that appropriate land uses....." Goal A on page 11 and Goal B on page 14 were accepted by tÌle Planning Commis s ion. Audience participation 1;,¡as invited by Ch. Blaine on each item discussed. lmmTtS OF TRE. FRt.RUAR'l 26, 1979 PLANNING COHMISSION ~ŒETlNG PC-300 Page 3 On page 15 of the report, directly under Policy B-1, add: "The City snould attempt to enforce..." Policies B-2, B-3, B-4 and B-5 were accepted as written. After discussion of Policy B-6, beginning on page 25, it was decided it should be rewritten for clarity. Mr. Reginald Slater, 10280 Terry Way, #2,. Cupertino, said that from 3:30 to 4:00 A}¡ until 7:00 PM the Kaiser trucks are running. In the evening the noise doesnlt seem to impact as much as in the early hours of the morning. In regard to Policy 3-7 on page 26, Comm. Claudy said he would have a hard time endorsing the referenced report because of the recom- mendations of sound walls. In reference to Policy B-8 pm page 26, Comm. Koenitzer suggested the City prepare a pamphlet and distribute the noise attenuation information to the residents and property owners. Perhaps somethin could be put in the Cupertino Scene. Policy B-9 on page 27 was acceptable. Goal C on page 27 was all right. Policies C-l through 7 should be , renumbered in proper sequence. C-2 should be made more generalizedl On page 31, Goal D, tne word "devicesl1 should be changed to read "methods!!. Mr. Slater asked at this point if noise attenuation levels are more sensitive to nighttime than daytime. If so, should there be a differentiation. Ch. Blaine said that during the daytime hours there are background noises that you don't hear at night. There was some discussion about changing tl1e word ItshouldH to "shall" on the next to the last line on page 33, but it was decided not to make the change. Moved Gy Comm. Gatto, seconded by Comm. Claudy to continue the Noise Element of the General Plan to :1arch 12, 1979. I·Noise E.lement continued. Motion carried, 5-0 2. CITY OF CUPERTINO: Public Hearing to amend the R2 (duplex) and R3 (multi-family) Ordinances to include existing single- family homes as a legal confor:ning use, at:lend rear yard set- backs and parking requirements for said single-family homes. First Hearing. PC-300 Page 4 R2 and R3 Ordinances to be amended ~egative Declaration granted MIXUTES OF THE FEBRUARY 26, 1979 PL&~NI~G COMMISISON MEETI"G The Director of Planning and Development said the purpose of these amendments (in view of the housing situation) is to allow continuing use and upgrading of older houses in the community. These amendments to the zoning regulations would allow existing single-family dwellings to have additions in spite of the fact that they are located in multi- family zones. The City Council directed the staff to prepare these amendments. Since there were no comments from the audience, nor any further discussion by the Planning Commission, it was moved by Comm. Gatto, seconded by Comm. Claudy to close the Public Hearing. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the City Council the amendments to the R2 and R3 Ordinances to include existing single-family homes as a legal conforming use and amending rear yard setbacks and parking requirements for said single-family homes. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine. ~one Motion carried, 5-0 ~IDved by Comm. Gatto, seconded by Comm. Adams to support the findings of the ERC and grant a Negative Declaration.~n the above action. Motion carried, 5-0 UNFINISHED BUSINESS: ~one. Ch. Blaine called a recess at 9:05 Pli. The meeting reconvened at 9:20 PM. NEW BUS INESS " 3. Discussion of Below Market Rate Housing Program. Assistant Planner Toby Kramer reviewed the February 13, 1979 staff memo on the Below-Harket Rate Program, explaining how it works. This is one approach to "affordable housing!' in Cupertino. She said first priority would be going to the people who live and work in Cupertino and to those people who are paying more than the normal 25% of their income for haus ing. MINUTES OF THE FEBRUARY 26, 1979 PLANNING CO~ISSION ,illETING PC-300 Page 5 Second priority would be for people who are living ~ working in Cupertino. Third priority would be for previous residents who lived in Cupertino less than 5 years ago but may have been forced to move elsewhere. Ch. Blaine strongly believes the BMR housing units should be mixed in with the other homes, not bunched together in one area. It was felt the outsides of otaers in the development. tne homes. the B"Œ units should look just like the The savings would be on the insides of Comm. Claudy asked what you would do if you have 14 units in a development and you can't divide this by 10? The Assistant Planner said you would round up or round down. Another possibility is to get a fee and use that money in conjunction with another development to bring the price up to a full unit. Still another possibility would be to use that money for off-site improvements. On page 3 of the Report it is noted that a "density increase equaling a maximum of 20% of the maximum dwelling unit yield permitted by the Land Use Element of the General Plan will be permitted"; the interior of the BMR unit "can be changed by elim- inating luxury apparatus, lowering square footage, and other means to cut costsll, but the exterior shall be consistent with the other I units in the project. If the developer agrees to develop in excess' of 10% of total project yield, the City may utilize HCDA funds to I underwrite land and site improvements. The "Report states that "The City shall eliminate inspections, park dedication and similar fees for BMR units." On page 3, item 5 under F: The Commission decided to eliminate the entire second sentence. In lieu fees should be plowed back into the B~IR Program. The Assistant Planner was directed to check the legality of some of the factors with the City Attorney and report back. In rental projects, 10% of the units would be turned over to Section 8 families. Ch. Elaine asked for comments from the audience. Mr. Slater said he had a question about deed restrictions on page 3. If a person qualified and was able to payoff his mortgage, how long would it be BMR housing? The Assistant Planner said a 59 year limit was considered to be a reasonable time limit. PC-300 Page 6 BHR Hous ing on 3/12 agenda / ~// MINUTES OF THE FEBRUARY 26, 1979 PLili~NING COMMISSION ~ETING Mr. Slater also had a comment on B-6 on page 1. He wondered if some spouses would quit their jobs in order to qualify for BMR housing and once they qualify, they would get "their jobs back.. The Assistant Planner said they would be looking at the previous years1 i~come taxes when determi~i~g who would qualify. Carom. Koenitzer would like the March 12th agenda to include B~m Housing Program discussion prior to the public hearing on the 6-unit development proposal. Moved by Carom. Koenitzer, seconded by Carom. Claudy to continue the B~ffi Housing discussion to March 12, 1979. Hotion carried, 5-0 REPORT OF PLA.'~ING CO~fMISSION Carom. Koenitzer reported on the recent Planning Institute he attended. There is a private program in whicil 1200 sq. ft. homes are selling for $50,000 to $60,000 in small, undeveloped areas. There was a comment fLam a lady in Buena Park where they have a reinspect ion program. REPORT OF PLk~NING DIRECTOR: None. ADJOUR1r.fE;ù Ch. Blaine adjourned this meeting at 11:20 ?~. APPROVED: _~~M¿ Chairwoman ATTEST: I , ! Act ^