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PC 10-23-78 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 S. Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 PC-291 Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 23, 1978, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. Blaine called the meeting to order at 7:32 PM with the Salute to the Flag. ROLLCALL Comm. present: Comm. absent: Adams, Cla~dy, Gatto, Koenitzer, Ch. Blaine None Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian Associate Planner Piasecki APPROVAL OF MINUTES Minutes of Regular Meeting of September 11, 1978: Page 3, paragraph containing Comm . Adams' comment, add: "A mistake was made allowing that alleyway and it must be corrected." Page 4, paragraph 1, second line. Strike the rest cf the sentence aft r "citizens" and add: Various means are available to the City to alleviate the problems. This could include a review of the Use Permit Page 5, first paragraph, last sentence. Strike the sentence about the Monta Vista converter system working. Page 9, last paragraph, third line, strike "shows" and replace with "snows". Page 11, second paragraph, add: "Due to the lack of regulations covering vegetation removal on Rl zoned land...." Under New Business on page 12, add who made the motion and who seconde it. Moved by Comm. Adams, seconded by Comm. Koenitzer to approve the Minutes as corrected for September ll, 1978. Motion carried, 5~0 ~ PC-291 Page 2 MINUTES OF THE OCTOBER 23, 1978 PLANNING COMMISSION MEETING Minutes of Regular Meeting of October 9, 1978: Page 7, first paragraph under Item 5, line 5: Delete "staff" and replace with "City Council, in reviewing the General PIan, " Page 8, second paragraph under Item 6 should read: "Ch. Blaine said that if the policies regarding the ratio of rental to ownership units are not in the Housing Element the rental stock policy will diminish." Moved by Comm. Koenitzer, seconded by Comm. Adams to approve the Minutes of October 9, 1978, as corrected. Motion carried, 5-0 POSTPONEMENTS OR NEW AGENDA ITEMS: None. WRITTEN COMMUNICATIONS: A letter from J. J. Garrett, President of a local homeowners association. A letter from Mr. Robert Hendrickson. A letter from a gentlemen in Los Altos. ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: 1. Application ll-U-78 Revised, of MICHAEL DEL MONACO: Request modifi- cation of a previously approved USE PERMIT to increase the allowable building area by approximately 400 sq. ft. The subject property is 10cated on the southwest corner of the intersection of North De Anza Blvd. and Highway 280 in a P (Planned Development with commercial, industrial, residential use intent) Zone. First Hearing. The Associate Planner stated the builder underestimated the building square footage. Since the staff is unable to make these decisions, it has been brought before the Planning Commission. He referred to details in the October 20, 1978 staff report. Since there were no comments from the audience, it was moved by Comm. Adams, seconded by Comm. Claudy to close the Public Hearing. Motion carried, 5-0 .-.-_._---_. ----- MINtJTES OF THE OCTOBER 23, 1978 PLANNING COMMISSION MEETING PC-29l Page 3 Moved by Comm. Koenitzer, seconded by Comm. Gatto to recommend to the City Council approval of application ll-U-78 Revised. ll-U-78 Rev. approved AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 This will go to the City Council November 6th. 2. CITY OF CUPERTINO: Public Rearing to consider the adoption of a Comprehensive General PIan including the following elements: Land Use, Housing, Open Space/Conservation, Seismic Safety, Public Safety, Noise and Scenic Righways. The initial meeting will concentrate on the Rousing Element. First Hearing continued. Assistant Planner Toby Kramer referred to the October 20th staff report and the Second Draft of the Rousing Element, indicating most of the changes were made on pages 11 through 19. These pages were reviewed and changes noted. Comm. Gatto said that in general, the reworking of this Element is much more what he had in mind. However, he faIt there was one other area that needed some work -- the opportunity for near future upgrading densities being politically expedient. All core areas stilI available were recently reviewed. Comm. Koenitzer wanted to know the projected number of housing units for 1990. The Planning Commission acknowledged that we have a jobs/housing imbalance. Comm. Gatto said the Policies should reflect whatever direction the City plans to go. Comm. Koenitzer said that if the cities around us say they are going to expand their industrial and commercial base more than their housing base, then where are the people going to live? If we at the 10cal level don't wrestle with these problems it will be handled at the State level. Comm. Adams asked the staff to put together a summary of what has been done this summer; where we have been; what we have done; and then lead into where we are attempting to go. PC-291 P~ge 4 Document sent to ERC for review and comment MINUTES OF THE OCTOBER 23, 1978 PLANNING COMMISSION MEETING Comm. Gatto suggested adding a footnote stating what it really means when, say, industrial comes in at 40 per acre, to add clarity. Comm. Koenitzer asked how we would handle the spec buildings that are being built. The builder doesn't know how many employees are going to be involved. The Assistant Planning Director said there is a trend right now of high-employee companies moving out of this area. Comm. Claudy had a problem with Program 3.1 on page 12. He said that every time we create a "granny unit" we create a potential problem. After discussion, it was decided to keep the "granny unit" in the appendix. Comm. Gatto said that if we are going to have programs they should be in a separate area. The Assistant Planning Director noted the Housing Element has to be reviewed at least every three years. Comm. Claudy suggested the staff undertake studies of potential approaches to help alleviate the housing shortage. Ch. Blaine is concerned about the effect these new regulations will have on potential apartment builders. Comm. Koenitzer believes Program 4.3 should be a policy. It was determined that Energy Conservation, starting on page 18, will be "studies" rather than "programs". Ch. Blaine asked.for comments from the audience. Ms. Janet Owens, speaking as a Board Member of Mid Peninsula Housing, said she hopes ~his document will be kept dynamic and it will need upgrading at least as often as the State requires. She then went on to read her prepared statement on affordable housing. It isn't just the number of units, but is also who can live in them. Low-moderate as well as average income families should be considered. As a minimum, she said Cupertino should enforce State Law. MCFH said Cupertino should be especially sensitive to the low income family. Ms. Owens said she would get a copy of her prepared statement to the City later in the week. Moved by Comm. Gatto, seconded by Comm. Koenitzer that the Planning Commission agrees there is a concensus and to send this document On to the ERC for action. It will then come back to the Planning Commission. Motion carried, 5-0 --_.~._-- MINUTES OF THE OCTOBER 23, 1978 PLANNING COMMISSION MEETING PC-29l Page 5 3. CITY OF CUPERTINO: Public Hearing to consider an ordinance regulating conversion of multiple family rental projects (including duplexes) into single-owner housing units; and ENVIRONMENTAL REVlEì-I: The Environmental Review Committee recommends the granting of a Negative Declaration. First Hearing continued. the Associate Planner explained the changes made in the document. Comm. Koenitzer said it wil1 be necessary to do some serious thinking about this vacancy rate. He suggested about 6000 units; 5% of that - 300 units; 2% of that - 120 units. Comm. Claudy said that under that, the City won't even consider conversion. Over that, the City may consider it. Comm. Claudy said that with the vacancy rating under the vacancy minimum that, the City won't even consider conversion. Over that, the City may consider it. Ch. Blaine said she would be inclined to go with the higher percentage until the conversion begins. Comm. Adams said he would go with 4% . Comm. Claudy said he would go with 4 or 5%. Comm. Koenitzer said he would go with 5%. Since there were no comments from the audience, it was moved by Comm. Claudy, seconded by Comm. Adams to close the Public Hearing. Motion carried, 5-0 Moved by Comm. Claudy, seconded by Comm. Adams to recommend support of the ERe decision on a Negative Declaration. Motion carried, 5-0 All but Comm. Gatto agreed on 5%. Moved by Comm. Claudy, seconded by Comm. Adams to recommend to the City Council approval of the Ordinance Regulating Conversion of Multiple Family Rental Projects (including duplexes) into single- owner housing units with the minor changes recommended by the staff and that the vacancy factor in Section 3.1 be set at 5%. Conv. Ord. recommended AYES: NOES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine None Motion carried, 5-0 PC-29l Page 6 MINUTES OF THE OCTOBER 23, 1978 PLANNING COMMISSION MEETING UNFINISHED BUSINESS: None. NEì-I BUSINESS In regard to the letter from Mr. Gerrod, the Planning Director said the City will be meeting with both the homeowners and the developers prior to releasing the bond. The Planning Commission would like to be kept up-to-date on this. REPORT OF THE PLANNING COMMISSION Comm. Koenitzer said that since H-Control is discussing the moving light at Val1co, he also noted Jerry~ Pants has a moving light in their window. REPORT OF THE ASSISTANT PLANNING DIRECTOR The Assistant Planning Director plans to go before the Parks and Commission on November 2nd in regard to the Open Space Element. will also try to go before the Public Safety Commission with the and Public Safety Elements soon. Recreation They Noise Comm. Koenitzer said he would like to put in a plug for a sidewalk along Old Cupertino Road so people can get to Varian Park. Comm. Adams complimented the staff for giving the Commissioners a proposed agenda for the next meeting. ADJOURNMENT Ch. Blaine adjourned this meeting at 9:40 PM. APPROVED: //' ~/. ,/ .,' ---==,-~;0~>- fé;'7G/ . ~¿~_ Chairwoman ATTEST: "" é:f2