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PC 08-14-78 CITY OF CUPERTINO, STATE OF CALIFORNIA IQ300,S. ,Torre Avenue, Cupertino" CA, 95014 Telephone: (408) 252-4505 " MINUTES OF THE REGULAR MEETING OF THE PLANNING COMHlSSIO" HELD ON AUGUST 14, 1978 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG In the absence of Ch. Blaine, V-Ch. Gatto assumed the Chair. The meeting was called to order at 7:34 with the Salute to the Flag. ROLL CALL Comm. present: Comm. absent: Adams, 'Claudy, Koenitzer (7:40), Ch. Gatto Ch. Blaine Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten Assistant Planner Piasecki APPROVAL OF MINUTES Moved by Comm. Adams, seconded by Comm. Claudy to postpone the approval of the Minutes to the end of the meeting. Motion carried, 3-0 POSTPONEMENTS OR NEW AGENDA ITEMS rC-287 Pag~ 1 Per request of the applicant, it was moved by Comm. Adams, seconded l7-U-78 cont'd by Comm. Claudy to continue application 17-U-78 to September II, to Sept. Ilth 1978. Motion carried, 3-0 Per request of the applicant, it was moved by Comm. Adams, seconded 22-TM-78 cont'd by Comm. Claudy to continue application 22-TM-78 to September 11, to Sept. 11th 1978. Motion carried, 3-0 / WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: None. l1C-287 Page 2 I MINUTES OF AUGUST 14, 1978 PLANNING COMMISSION IŒETING PUBLIC HEARINGS: 1. Application 15-TM-78 of NORTHERN CALIFORNIA SAVINGS & LOAN ASSOC.: TENTATIVE MAP to subdivide approximately 5.4 acres into 2 parcels consisting of 1.2 acres and 4.2 acres and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is located on the northeast corner of Rodrigues Avenue and South De Anza Blvd. in a P (Planned I Development) zone. First Hearing continued. ¡The Assistant Planner reviewed the proposal outlined in the August 10, 1978 staff report. There is an existing savings & loan company at the i corner. Normally, the City would discourage subdivision of commercial ¡property without a development pIan but in this case it would be very difficult for the owner to accomplish this at this time because of the large piece of undeveloped adjacent Town Center property. Mr. Don Bias, 139 Montclair Drive, Santa Clara, stated he was repre- isenting Northern California Savings & Loan. They concur with all the staff's recommendations except they requested deletion of Conditions 16 and 17. They presently have one curb cut on De Anza Blvd. and 2 on Rodrigues. They have agreed that when the adjoining property on De Anza Blvd. develops they will abandon that curb cut. Without knowing for sure what is going to happen to the adjoining property, they object to rhe closing at this time. ¡Discussion followed. Ch. Gatto explained the City's position. .Comm. Claudy suggested that if that portion of Condition 17 were dropped ,the City could, conceivably, in the future require all the traffic to luse this curb cut. I I ISince there were no comments from the audience, it was moved by Comm. Claudy, seconded by Comm. Koenitzer to close the Public Rearing. Motion carried, 4-0 ¡Comm. Adams agreed with the staff that Conditions 16 & 17 should remain. 'From the viewpoint of planning, Comm. Claudy said this Commission had ,no choice other than to approve the conditions. , ¡Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend to the ¡City Council acceptance of the ERC's recommendation of a Negative iDeclaration. , Motion carried, 4-0 !1INUTES,OF AUGUST 14, 197!J PLA,,::nNG COMMISSION MEETING PC-287 Page 3 Moved by Comm. Adams, secondeJ by Comm. Claudy to approve applica- tion l5-TM-78 subject to the 14 standard conditions and conditions 15 through 17 (modified) in the staff report and based upon the findings and subconclusions in the August 10, 1978, staff report. l5-TM-78 approved AYES: NOES: ABSENT: Comm. Adams, Claudy, Kcenitzer, Ch. Gatto None Ch. Blaine Motion carried, 4-0 2. Applications l5-Z-78 and 21-TM-78 of C. MICHAEL GLASSON: REZONING approximately 1.81 acres from Al-43 (Agricultural, Residential I-acre minimum lot size) to Rl-I0 (Residential, single-family, 10,000 sq. ft. minimum 10t size) zone or what- ever zone may be deemed appropriate by the Planning Commission tENTATIVE MAP to subdivide the above-referenced property into 4 lots ranging in size from 10,000 sq. ft. to 16,600 sq. ft.; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the granting of a Negative Declaration. Said property is 10cated on the south side of McClellan Road just westerly of the entrance road to the Deep Cliff Golf Course. First Hearing. The Assistant Planning Director reviewed the August 10, 1978 staff report On this matter. The current General Plan designates this property for either recreational or residential use. Density of 2.2 residential is being requested at this time. The staff has taken the position that a more innovative pIan would be appropriat The pIan calls for a 30' right-of-way public street where there now exists a driveway to the golf course. The garages for the hom s will be recessed into the bank. The staff would like a PD here with a homeowners' association which would plant the bank and pro- I vide view corridors for some of the units. The street would be paved, with 2 travel lanes and parking along one side. Mr. Paul Nowreh, 220 State Street, Los Altos, said he was repre- I senting Mr. Glassen, who is Manager of Deep Cliff Golf Course. I Re would like to build a house at the end of the property. Re is I not a dev~~~per; he would just like to build a home so he can walk to work. He does not want to get involved in a PD. The density ¡' here is considerably less than that approved on the Crump property nearby. , }~. Romer Glockler, 22360 McClellan Road, said he is the owner of thp nllplex at the northwest corner of McClellan Road. He is in favor of development of this property; however, he is concerned about building height. Re would be in favor of eliminating the house that would be sitting right in front of his duplex's living room. He would not like to have that view obstructed. PC-287 Page 4 15-2-78 approved 21-TM-78 approved MINUTES OF AUGUST 14, 1978 PL¡\J-n:HlG COHMISSION MEETING Mr. Nowreh said the view of the fairways would be blocked, but not that of the mountains. Since there were no further comments from the audience, it was moved ¡ by Comm. Koenitzer, seconded by Comm. Adams to close the Public Rearing. Motion carried, 4-0 Comm. Adams believes individual homes here would be an acceptable land use near the golf course. Comm. Koenitzer did not object to the landscaping nor to the garages being cut into that bank. Comm. Claudy suggested a y-shaped driveway and combining of 10ts. Comm. Gatto would like to see some type coordinated landscape pIan for the first 20' back from McClellan. Moved by Comm. Adams, seconded by Comm. Claudy to approve the ERC recommendation of a negative declaration. Motion carried, 4-0 Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend approval of 15-Z-78 in concert with the findings and subconclusions in the August 10, 1978 staff report. AYES: Comm. Adams, Claudy, Koenitzer, Ch. Gatto ! NOES: None ¡ABSENT: Ch-l!laine. Motion carried, 4-0 Moved by Comm_ Adams, seconded by Comm. Koenitzer, to approve applicatiofi 21-TM-78 with conditions I through 18 in the staff report, with the addition to condition to provide coordinated landscaping and erosion ! control for the 3 10ts along the bank and the findings and subconclusions in the August 10, 1978 staff report. A transition of the rural atmos- phere of the golf course and the residential shall be provided. , I , I AYES: , NOES: ABSENT: Comm. Adams, None Ch. Blaine Claudy, Koenitzer, Ch. Gatto Motion carried, 4-0 MINUTES OF AUGUST 14, 1978 PLA.1I¡nING COMMISSION MEETING PC-2?ì Page :J 3. Applications 12-Z-78 and 17-TM-78 of WARREN P. WHALEY, JR.: PREZONE approximately 0.73 gross acre from Santa Clara County Rl-lO (Residential, Single-Family, 10,000 sq. ft. minimum lot size) to City of Cupertino Rl-7.5 (Residential, Single-Family, 7,500 sq. ft. minimum lot size) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to rèconfigure 'three existing legal 10ts of record into two 10ts consisting of approximately 8,000 sq. ft. each; and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the grant- ing of a Negative Declaration. Said property is located on the southwest corner of Alcalde Road and Cordova Road. First Hearing. The Assistant Planning Director reviewed the August 11, 1978, staff report on this proposal. The request was to re-divide the property into two lots. The staff proposed Cordova Road be re-aligned to join with Santa Lucia. He said Mr. Cotton reviewed an independent geological report that was prepared on this property. It was established the fault goes 200 to 300 feet to the west of this property. In response to a concern of the Commission, the Assistant Planning Director said that if this is approved by the Planning Commission the staff will check (prior to the City Council public hearing) the status of the triangular piece of pr~?erty. Mr. Len Semas, 931 Northrup Street, San Jose, 'stated he is one of the owners and subdividers of this property. He said the existing dwelling unit will be demolished and two very nice homes will be constructed on the property. Re feels the staff's suggestion as to street re-alignment would be good. The Assistant City Engineer said the City will require sidewalk, curb and gutter and at least 30' of travel way. Ch. Gatto asked for comments from the audience. Mr. Dick Graci, 10545 Cordova Road, Cupertino, said his property abuts this property under discussion. He wants to protect and to preserve his environment. The Assistant City Engineer said the City was aware the ditch was there but not that it was going to be filled in. Ms. Sue Capri, 10564 some of her property door to the corner. Cordova Road, Cupertino., was concerned that was going to be taken. Rer property is next She wants to preserve the rural at~csphere. O'Patti Brisco stated she is concerned about the safety of the roads in that area. PC-287 Page 6 MINUTES OF AUGUST 14, 1978 PLANNING COMMISSION MEETING Moved by Comm. Claudy, seconded by Comm. Adams to close the Public Hearing. Motion carried, 4-0 Comm. Claudy commented on the beautiful trees and rural atmosphere here. He thinks this perhaps is the place to "draw the line". Ch. Gatto would like the road to be as minimal as possible. Comm. Koenitzer agreed with less than 60' right-of-way here. However, this is the area where there will be large sized homes and we will have to allow for the population density. Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend to the City Council acceptance of the ERC's recommendation of a Negative Declaration. Motidrt carried, 4-0 12-Z-78 approved Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend to the City Council approval of application 12-Z-78. AYES: NOES: ABSENT : Comm. Adams, Claudy, Koenitzer, Ch. Gatto None Ch. Blaine Motion carried, 4-0 17-TM-78 approved Moved by Comm. Adams, seconded by Comm. Koenitzer to approve application 17-TM-78 subject to the 14 standard conditions, conditions 15 through 18 in the August 11, 1978 staff report and condition 19; with reference to curbs, gutters and sidewalks, ,: and in accordance with the findings and subconclusions in the staff report and the exhibit 17-TR-78. AYES: NOES: ABSENT : Comm. Adams, Claudy, Koenitzer, Ch. Gatto None Ch. Blaine Motion carried, 4-0 4. Application 10-Z-76 (Revised) of MAY INVESTMENT COMPANY: REZONING requesting approval of an amendment to the zoning plan to permit extension of the rear yard fences for Lots 19 through 27 and Lot 6 of Tract 5915; and ENVIRONMENTAL REVIEW: No action required. This project is categorically exempt. Said property is 10cated at the terminus of Scenic Blvd. just southerly of Stevens Creek Blvd. First Hearing. The Assistant Planner reviewed the August 11, 1978 staff report on this request. Lots 6 and 19-27 were advertised. There are some modifications of some of the other lots which were not advertised and which must be advertised. Some of the fences infringe on the view corridor and on the common areas. MINUTES,OF AUGUST 14, 1978 PLANNING COMMISSION MEETING PC-287 Page 7 The Assistant Planner said Lot 6 has the greatest deviation. All the fences were constructed by the developer, not by the homeowners. Mr. Stan Howard, 21060 Homestead Road, Cupertino, said he was representing May Investment Company. He said all but Lots 19-27 are within the 10t lines. None of the homeowners have expressed any' concern about the narrow passageway. Mr. John Antonchick, owner of Lot 6, said he was Chairman of their Architectural Control Commdttee of the Homeowners' Association. He was unaware of this deviation until last week. There is no physical access to the green area at the present time. There is some advantage to having the rear area protected. Mr. Al Stocklmeir, 10110 Adelheid Court, said he lives on Lot 25. He sees no problem with the fences. Behind lots 19-28 there has been lack on the part of the developer to clean up the trash. There is a severe fire hazard back there. The developer should also be told to follow through with their landscaping obligations. Moved by Comm. Koenitzer, seconded by Comm. Adams to close the public hearing. Motion carried, 4-0 Discussion followed. It was felt that the infractions on the fences for lots 19-24 were minor. The Assistant City Attorney said the homeowners could place a claim on the bond; e.g., lot 6 homeowners -- for moving the fence back. Moved by Comm. Adams, seconded by Comm. Koenitzer to recommend to the City Council approval of 10-Z-76 Revised by Resolution and Conditions 1-3 as proposed by the Staff, and modification of the existing fence line like that displayed on the bulletin board. '10-Z-76 (Rev) approved AYES: NOES: ABSENT : Comm. Adams, Claudy, None Ch. Blaine Koenitzer, Ch. Gatto Motion carried, 4-0 The balance of the deviations can be handled by the staff. 5. Application l7-U-78 - CONTINUED FOR 1 MONTH. 6. Application 5-TM-78 of COAST FEDERAL SAVINGS & LOAN ASSOC.: TENTATIVE MAP to combine 3 existing parcels, consisting of approximately 0.76 acre, into one parcel; and ENVIRONMENTAL REVIEW: No action required. The project was previously assessed. Said property is located on the north side of Stevens Creek Blvd. approximately 150' westerly of De Anza Blvd. First Hearing. ?C-287 Page 8 MINUTES OF AUGUST 14, 1978 PLANNING COMMISSION ME~JING The Assistant Planner reviewed the August 10, 1978 staff report. He said Condition 16 addresses Comm. Gatto's concerns. He said the tentative map should show where the ingress/egress wi 11 occur. Comm. Gatto's second concern was whether or not it can be tied down specifically at this point. Mr. Maurice Abraham, 1731 N. First St., San Jose, representing the applicant, said the ingress/egress points will be shown on the final map. 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, 4-0 Condition 16 should be revised to reflect access. 5-TM-78 approved Moved by Comm. Claudy, seconded by Comm. Koenitzer to approve application 5-TM-78 with conditions 1-16 in the August 10, 1978 staff report with condition 16 modified to be in accordance with this discussion such that the final map will establish ingress/egress of the east and west property lines and to recommend to the City Council a Negative Declaration. AYES: NOES: ABSENT : Comm. Adams, None Ch. Blaine Claudy, Koenitzer, Ch. Gatto Motion carried, 4-0 7. Application 22-TM-78 - CONTINUED FOR I MONTR. APPROVAL OF MINUTES Minutes of Regular Meeting of July 10, 1978. Comm. Adams abstained. Moved by Comm. Koenitzer, seconded by Comm. Claudy to approve the Minutes of July 10, 1978, as recorded. Motion carried, 3-0 Minutes of Regular Meeting of July 24, 1978. Page 7, second paragraph: Page 7, third paragraph: in the third line. Delete last sentence. Add "reported by" after "vandalism problem" MINUTES OF AUGUST 14, 1978 PLANNING COMMISSION MEETING PC-287 ! Page 9 Moved by Carom. Adams, seconded by Comm. Koenitzer to approve the Minutes of July 24, 1978, as amended. Motion carried, 4-0 UNFINISRED BUSINESS: I I I I staff stated nothing was scheduled for the August 28th agenda.! Commission decided to cancel the August 28, 1978 meeting. ! None. NEW BUSINESS The The REPORT OF PLANNING COMMISSION: Comm. Claudy reported on the Mayor's meeting he had recently attended. He noted the City Council disagreed with most of the Planning Commission's recommendations. De-annexation hearings are proceeding. The pinball parlor application was approved with one year limita- tion and requirement of someone 18 years or older on duty at all times. REPORT OF PLANNING DIRECTOR: The Assistant Planning Director distributed copies of the General Plan. ADJOURNMENT Ch. Gatto adjourned this meeting at 10:43 PM. APPROVED: '""" . . ATTEST: City Clerk