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PC 01-08-79 CITY OF CL~ERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MI"UTES OF THE REGULAR MEETI"G OF THE PLANNING COMMISSION dEID ON JANUARY 8, 1979, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFO&~IA SALUTE TO THE FLAG Ch. Blaine called the meeting to order at 7:32 PM with the Salute to the Flag. ROLL CALL Camm. present: Comm. absent: Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer TNnitten Assistant Planner Piasecki Deputy Assistant City Attorney Aiki~s APPROVAL OF MDJUTES Minutes of Regular Meeting of December 11, 1978: Comm. Koenitzer asked that the tape be researched to see if it was in fact Comm. Claudy or Comm. Adams who seconded the first and third motions on page 4. Moved by Camm. Gatto, seconded ~y Camm. Adams to approve the ~i~utes of wecember 11, 1978. Motion carried, 5-0 11i~utes of Regular Meeting of December 19, 1978: Page 2, paragraph 5, correct s,?elling is tlMs. Jo Celio'l. Dele.te the word "wants II in the first line of the 7th paragraph and replace with 11 is interested in havi:1g.... n. On the first line oE t.he last paragraph, add "of the Planning Departmentll after "Cau.ghey". PC-296 Page 1 PC-2% Page 2 ¡MINUTES OF THE J&~ARY 8, 1979 PLANNING COMMISSION ~ŒETING ! i I , , , ¡Page 3, delete the third paragraph regarding development studies. In the 6th paragraph, line 2, delete "studies and present some" and change the 'Word "preserrt'U to "offer". Page 4, second paragraph should read: "Comm. Claudy asked.... .option, can the City.......entire site." In the 6th paragraph from the cottom, line 3, change "40" to "4". In the second from the bottom paragraph, line 1, change IISchool" to [1Creekfl. Page 5, paragraph 9, change "parking" to "park". : Moved by Comm. Claudy, seconded by Comm. Koenitzer, to apptove the : Minutes of December 19, 1978, as con:ected. Motion carried, 4-0-1 Comm. Gatto abstained POSTPONEMENTS OR NEW AGENDA ITEMS: None. ; rNRITTEN COMMUNICATIONS: None. , ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: 1. Applications 2l-Z-78 and 28-TM-78 of CUPERTINO KNOLLS (Eureka Federal Savings & Loan): REZONING approximately 14.3+ actes from P (Planned Development with single-family residential intent) zone to RHS (Residential Hillside Slope-Density) Zone or whatever zone may be deemed appropriate by the Planni~g Commission; TENTATIVE MAP to subdivide the subject property into 17 single- family home sites; and ENVIRONMENTAL REVIEW: The E~vironmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the north side of Voss Avenue approxi- mately 200 feet westerly of El Prado Way. First Hearing. Discussion on this property was initiated by the Assistant Planning Director. He reviewed a series of maps on the bulleti~ board and stated he had received a memo from Mr. Cotton, the City's geology consultant. This application is consistent with the General Plan in both density and design concept. Voss Avenue would be extended up to the ridge line with 2 cul-de-sacs on the ridge line. The basic building design and grading are consistent with ordinances in effect. MINt~ES OF T~E J~~UARY 3, 1979 PL~~ING COMlITSSION MEETlNG PC-296 Page 3 The Assistant Planning Direetor stated that this is the first instance in the City of Cupertino in which open space will be held in private ownership and maintained through a homeowners associa- tion. A profile drawing submitted by the developer illustrated how the homes follow the lay of the land and the amount of cut and i fill that will be necessary. In terms of geology, he said this property has two traces of the Monta Vista Fault. A summary report will be submitted to the Planning Commission. It was noted that Mr. Cotton is concerned about Lots 16 and 17 that are in the vicinity of unstable soil. It was his opinion that homes could be constructed on these two lots, however, with very careful engineering. A letter was received by the staff the day of this meeting from the Fire Marshal. The Fire District is concerned about long cul-de-sacs in general. The Director of Public Works does not recommend a secondary road be required here, due to the fact that no development will take place beyond this subdivision -- at least not for the next 5 years; From a technical point of view, the Assistant Planning Director said Lots 2, 3, 4 and 5 could be approved with the road traversing the property. Colored slides of the property were displayed on the screen. It was stated the developer is taking steps to preserve the pond, recognizing its potential. ~. Don Beardsley, Ruth & Going Civil Engineers, 919 The Alameda, San Jose, said he was representing the applicant at this meeting. He commended the staff's comprehensive report. He said they have worked on this property for 3-4 years for several local developers; The present developer is working with the contours of the land to minimize the impact ~n t~e area. They will be proposing several groves of trees. Building envelopes have been established. They are able to work out the details for the required parking. They are working with the Marianists to take over the pond. They agree, with the conditions of approval recommended by the staff. Mr. Beardsley answered Ch. Blaine that the applicant has no plan for structures on the open space. Comm. Claudy cautioned that access must be provided for getting back to the open space for discing. I~ regard to the open space ~aintenance district -- it was learned tnere will be a homeow~ers! association for the sol¿ purpose of collecting dues of each member of the association. The only reaSOn for this is to collect the money to maintain the pr~servation of that area and liability insurance. There will be CC & Rig. 2C-296 2age 4 MINUTES OF THE JA.~UARY 8, 1979 PLANNING COMMISSION fŒETING Ch. Blaine asked for comments from the audience. , , . 'Mrs. Luc~en Hertert, San Juan Road, said they are trying to find someone to accept Voss Pond, and it ended up with the Evergreen Conservation District. Mr. Jack Chamberlain, San Carlos Homes, commended Mrs. Hertert for her efforts in regard to the open space and the pond. Mr. Don Pezzolo, 228ll A Medina, said Alcalde Knolls is shaping up quite rricely. He said there should be something that prohibits development in the open space here. The logical place to put a stable would be on , the easterly slope. He would like to see some restrictions as to what can and cannot be done with the open space. Considering the power line easement and the geological hazards in the area, he believes the developer has done a very good job here. He would like to see some discussion as to what can be done about the provision for solid ferrcing. Comm. Gatto asked if it would be possible for the owner of lot 8 to corrstruct a solid fence along the open space. Mr. Beardsley said they would suggest corral-type fencirrg. Mr. Chamberlain said when they worked out the fencing they allowed for view corridors. The Assistant Planning Director said there would have to be some type security fencing if this pond is to become an open space area to keep the general public out. Comm. Gatto proposed allowing each homeowner to have 5000 feet of solid fence and then open fencing along the perimeter of the lots. It was noted there are many varieties of wild animals in the area. This area has also been very attractive to motorcycles. Moved by Comm. Koenitzer to close withdrawn when it became apparent the oublic hearing. This motion . .' there was more ~nput. was Comm. Gatto saw two matters to be resolved: lot sizes and use of the road. Comm. Koenitzer felt PD was proper zoning for this property. There was still some question about the dedication of the open space. The Assistant Planning Director said that, administratively, it would be easier to regulate as proposed. There are regulations to protect the integrity of that eastern slope. Mr. Beardsley said that in 1965 they developed the first cluster development on 27 varied lot sizes. CC & R's were imposed on the development at that time and they are still working successfully. The Commissioners were concerned that the homeowners in this case will be maintainirrg the open space easement. MINUTES OF THE JANüARY 8, 1979 PLANNING COMMISSION MEETING Camm. Claudy said the entire easement line should be delineated on the m~p. This is a very visible site from the Valley. He would like no fences and rro structures irr that area, whether it is public or private. Moved by Comm. Gatto, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 Comm. Koenitzer said he is concerned that this proposal shows so much cutting and working right on the top of the knoll. The homes would then be around the top of the knoll. Comm. Adams said he would be more concerned with cut and fill at the entrance to the project. Comm. Claudy said the way the knoll dips down and then goes up again, he believes this is a small plateau where the homes will be. Comm. Gatto said he believes this plan will not disrupt the visual appearance of that hill too greatly. Ch. Blaine said she would prefer to have this zoned as PD, even though it means more work for the staff. She said she cannot see these homeowners paying to maintain property that is not theirs. She would prefer to see this in common ownership rather than individual lots. Comm. Gatto said that when these are individual lots it means it is more difficult for this property to be created into building lots sometime in the future. Moved by Comm. Gatto, seconded by Comm. Adams to forward to the City Council endorsement of the ERC recommendation for granting of a negative declaration. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Adams to recommend to the City Council approval of application 21-Z-78, recommending rezoning of the 14.3± acres from PD to RES. AYES: NOES: Comm. Adams, Gatëo Comm. Claudy, Koenitzer, Ch. Blaine Motion died, 2-3 The Assistant City Attorney advised the applicant could, at ëhis point, ask the City Council to review the Plan~ing Commission's recommendation or ask for a continuance on the rezoning and on the tentative map. PC-296 Page 5 PC-Z96 Page 6 MINu~ES OF THE J&~ARY 8, 1979 PL&1NING COlfMISSION MEETING Mr. Beardsley asked for a continuance. The Commission clarified that they were asking for common ownership of the open space and PD zoning. The Assistant City Attorney advised that, as long as the tentative map is not continued for more than 60 days it should not require new advertisements. Ch. Blaine called a recess at 10:10 PM. The meeting reconvened at 10:25 PM. The Assistant City Attorney advised, in regard to the public hearing on 21-2-78 & 28-TM-78, that the adopted ordinance could be modified to incorporate the determinations made during said public hearing. With this in mind, it was moved by Comm. Claudy, seconded by Comm. Koenitzer to reopen the public hearing on 21-2-78 and 28-TM-78. Matioh carried, 5-0 The Assistant City Attorney advised it was his op~nzon that it ~as not necessary to return this to the ERC since it is essentially the same proj ec t. Ch. Blaine asked if there were comments from the audience. There were none. Comm.. Ko.enitzer noted the existing zoning was residential. He proposed changing part of Exhibit A concerning density from 0-1 dwelling units, based on the Foothill Modified Ordinance and to delete the requirement of the walkway to connect De Anza Oaks to Voss Avenue. Since 'there were no comments from the audience, it was moved by Comm. Claudy, seconded by Comm. Koenitzer to close the public hearing. Motion carried, 5-0 Moved by Comm. Claudy, seconded by Comm. Koenitzer to recommend to the City Council modified Ordinance 728 to subject property with modifications as follows: Condition 2 - first sentence - The approved land use is single family residential with allowed density range based on the half- acre foothill modified slope/density formula. Conditions 3 and 4 shall be deleted entirely, and Figure 2 of this Ordinance shall be modified to reflect the road plan as shown on Exhibit A of the current Tentative Map application 28-TM-78. MINUTES OF THE JANUARY 8, 1979 PLA~ING COMMISSION MEETING PC-296 Page 7 AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 It was noted the above would go to the City Council February 5th. Moved by Comm. Koenitzer, seconded by ·Comm. Adams to continue application 28-TM-78 to February 12, 1979. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 2. Application 25-U-78 of ZRM ASSOCIATES (ZIMMERMAN, RINTALA, ET AL): USE PERMIT to construct three office buildings equaling approximately 37,200 sq. ft. and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property consists of approximately 2.6 acres located on the east side of South De Anza Blvd. approximately 160 feet northerly of Pacifica Drive in a P (Planned Development with Professional Office and related commercial intent) zoning district. First Hearing. The Assistant Planner reviewed the applicant's proposal, noting they are asking for approval of a proposal that conforms reasonabl to the 1974 approved plan. It is consistent with the General Plan and design guidelines for the Town Center. They are providing 151 parking spaces. The parking ratio has been approved by the City Traffic Engineer, although there are an additional 1200 sq. ft., which increases the trip ends by 12. The Assistant Planner said the staff recommends the applicant delete some parking spaces to allow more landscaping along the front of the property. The architecture is highly compatible with the existing Town Center buildings. v_ ~.~- ~~lic~~? ~==~~tË=~ £:=.~=~~ ;==j:~~ =~7~~~:= ~== elevations and basic architecture for the 2 single story buildings along De Anza Blvd. and the two story building behind. Moved by Comm. Koenitzer, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 PC;-296 Page- 8 MINUTES OF THE JANUARY 8, 1979, PLANNING CO~!'IISSION MEETING Moved by Comm. Adams, seconded by Comm. Koenitzer to honor the recommendation of acceptance of the plan and grant a Negative Declaration. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend to the City Council approval of application 25-U-78 with Conditions 1 through 18 and the findings and subconclusions in the staff report of January 4, 1979. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 3. Application 29-TM-78 of SESCO (HOWARD RUTH, JR.): TENTATIVE MAP to subdivide approximately one acre into 12 condominium office parcels and one lot to be held in common ownership and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the north side of Pacifica Drive approximately 200 feet westerly of Torre Avenue in a P (Planned Development) zoning district. First Hearing. The Assistant Planner reviewed the January 3, 1979, staff report on this application, noting the applicant's request is to increase the number of office units for ease in marketing these units. The staff recommends the interior court be incorporated into the final map as a part of the units. Mr. Howard Ruth, Jr., 2205 Vineyard Court Los Altos,said the reason for this request is to make the project more flexible and viable. Since there were no comments from the audience, it was moved by Comm. Adams, seconded by Comm. Koenitzer to close the Public Hearing. Motion carried, 5-0 MINUTES OF THE JANUARY 8, 1979 PL&~ING COMMISSION MEETING Comm. Gatto stated he would like to direct the staff, whenever possible, to allow minor modifications without requiring the application to come back to the Planning Commission. Moved by Comm. Claudy, seconded by Comm. Gatto, to recognize the recommendation of the ERC and grant a Negative Declaration. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 Moved by Comm. Claudy, seconded by Comm. Adams to approve applica- tion 29-TM-78 with the modification to allow up to 12 units and conditions 1 through 19 in the staff report as well as the findings and subconclusions in the staff report of January 3, 1979 and Condition 20: The property may be divided into 12 or fewer units at the applicant's discretion and exact placement of interio walls is subject to modification and review by the staff. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 4. Application 22-Z-78 of PETER S. GWOZDZ: REZONING approxi- mately 20 acres which is presently zoned a variety of single- family residential zoning districts including 3.5 acres zoned Rl-120 (Residential, single-family, 120,000 sq. ft. minimum lot size); 10 acres zoned Rl-400 (400,000 sq. ft. minimum lot size); 2 acres zoned Rl-60 (60,000 sq. ft. minim lot size); and 4 acres zoned Rl-150 (150,000 sq. ft. minimum lot size) to RHS (Residential Hillside Slope-Density) zone or whatever zone may be deemed appropriate by the Planning Commission and ENVIRONMENTAL REVIEW: The Environmental Revie~ Committee recommends the granting of a Negative Declaration. Said property is located on the northwest side of Regnart Road approximately 600 feet southerly of Lindy Lane. First Hearing. The Assistant Planning Director reviewed the map on the bulletin board and the January 3, 1979 staff report. He said this request was to rezone the 4 Rl lots to Hillside Zones. Dr. Gwozdz wants to eventually have 5 lots here. PC-296 Page 9 PC-296 Page 10 MINUTES OF THE JANUARY 8, 1979 PLANNING COMMISSION MEETING The Assistant Planning Director said the question is whether or not Dr. Gwozdz can transfer density and split one of the lots. He referred to Section 6.2 of the Hillside Ordinance. The Assistant City Attorney said this Section is ambiguous. He added that any further subdivision of the land means a new subdivision. He said he is proposing rewording of this Ordinance to clear up the meaning. Ch. Blaine asked for comments from the audience. Dr. Peter Gwozdz, Auburn Drive, Cupertino, owner of Parcel #1, said: 1) His reason for relooking at this subdivision was because there was no sewer at the time he rezoned and sewer is now available. That means there are now several viable building sites; and 2) There was no RHS ZOne available last year when he applied for rezoning. This property was subdivided before the new Ordinance was enacted. He offered to answer any questionsw Comm. Gatto suggested Dr. Gwozdz could apply for a new rezoning. Parcel 3 is being built up now and parcell is in the final stages of approval. Because he recorded his ~ap prior to the enactment of the RHS Ordinance, if the property was rezoned, he could technically corne in and file for subdivision of his la-acre lot. Moved by Comm. Claudy, seconded by Comm. Adams, to continue application 22-Z-78 to February 12, 1979. AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 UNFINISHED BUSINESS: None. NEW BUSINESS: None. REPORT OF THE PLk~ING COMMISSION: None. REPORT OF PLA!\'NING DIRECTOR The Assistant Director said the Noise Element will be ready for review February 8th. There will be a Planners' Institute in Monterey in February. ADJOU~,MEN1: Ch. Blaine adjourned this meeting at 11:45 PM to 9:00 k~ on Saturday, January 20, 1979. ATTEST: APPROVED: .J /l·l Ac Üng City C "7 _~~ <£í!t,/ Sharon Blaine, Chairwoman