PC 05-08-78
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF TRE REGULAR MEETING OF TRE PL&~ING CO~[MISSION
HELD ON MAY .8, 1978, IN THE COUNCIL CHAMffiER
CITY HALL, CUPERTINO, CALlFOP~>¡lA
SALUTE TO TRE FLAG
Ch. Blaine called the meeting to order at 7:32 PM with the
Salute to the Flag.
R(1LL CALL
Comm. present:
Comm. absent:
Adams, Claudy, Gatto, Koenitzer, Ch. Blaine
None
Staff present: Assistant Planning Director Cowan
Assistant City Attorney Kilian
Assistant City Engineer Whitten
Associate Planner Piasecki
APPROVAL OF MINUTES
Minutes of April 10, 1978:
Moved by Comm. Koenitzer, seconded by Comm. Adams to approve the
Minutes of April 10, 1978, as recorded.
Motion carried, 3-0-2
Comm. Claudy & Gatto abstained
Minu tes of April 17, 1978:
Page 7, paragraph 3, line 3, add:. uthe size of the house" after
"say about".
Page 11, paragraph 4, strike the last sentence and replace with:
"Ch. Blaine asked if PG & E must come to the City for any review
of improvements of their property."
Page 12, next to the last paragraph, last line: Delete "affirma-
tive1t and replace with IInegative"..
Page 13, paragraph 4, the tape must be checked to See if, indeed,
condition 21 was added.
,~
.......,
~C-28l
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PC-281
Page 2
MINUTES OF TRE MAY 8, 1978, PLANNING COMMISSION MEETING
Moved by Comm. Koenitzer, seconded by Ch. Blaine, to approve the
Minutes of April 17, 1978, as amended.
Motion carried, 2-0-3
Comm. Adams, Claudy & Gatto abstained
POSTPONEMENT OF NEì-I AGENDA ITEMS
Item III - Applications 30-Z-77 and 32-TM-77 of Jerry Merkelo and
William McGuire -- continued at property owner's request
for one month, until June 12, 1978. The purpose of this
postponement is to allow completion of percolation tests.
So moved by Comm. Gatto, seconded by Comm.. Adams.
Motion carried. 5-0
ORAL COMMUNICATIONS: None.
WRITTEN CO~ßJNICATIONS: Letter from Mr. Rowell regarding an agenda item.
PUBLIC HEARINGS
1. Applications 30-Z-77 and 32-TM-77 of JERRY MERKELO & WILLIAM MCGUIRE:
REZONING approximately 13.1 acres from Al-43 (Agricultural-Residential,
singl, e-family I-acre lot minimum) to Rl-IOO (Residential, single-
family 100,000 sq. ft. per dwelling unit), or whatever zone may be
deemed appropriate by the Planning Commission; TENTATIVE MAP to
resubdivide three lots comprising approximately 13.1 acres into four
lots. Said property is located at the southerly terminus of Regnart
Road. First Hearing continued.
POSTPONED TO JUNE 12. 1978.
2. Applic~tions 3-Z-78, 2-TM-78 and l-U-78 of DOMUS DEVELOPMENT
CORPORATION: REZONING 1.79 acres from Rl (Residential, single-
family) and R3 (Residential, multi-family) to P (Planned Develop-
ment with single-family residential cluster intent) or whatever
Zone may be deemed appropriate by the Planning Commission;
TENTATIVE MAP to divide said property into twenty-one single-
family cluster lots and one lot to be held in common ownership;
USE PERMIT to construct 21 townhouses";' Said _propertÿ: is located
adjacent to and northerly of Stevens Creek Blvd. approximately
100 feet east of Randy Lane. First Rearing continued.
MINUTES OF TRE MAY 8, 1978 PLANNING COMMISSION IŒETING
PC-28l ~ > -
Page 3, 0,'
The Associate Planner reviewed the May 4, 1978, staff report.
In March, the Planning Commission discussed concept of develop-
ment along Stevens Creek Blvd. Buildings have been moved 30'
back from the northerly property line. The second story bal-
conies have been deleted. The staff recommends shift of buildin
mass along northerly property line, a 32' radius turn-around,
and units 1 and 21 shifted to the northerly side. There must
be 20' from private street to garage doors. There will be noise
reduction windows. An overhead view of the site on the screen
showed existing trees. Colored slides were shown of the site.
.
The Associate Planner said the tentative map should not be
decided upon at this meeting as it is not complete.
Comm. Adams was answered that the applicant does not at the
present time propose a perimeter fence. Comm. Adams said he
noticed no provision for knock-down fence for emergency
vehicles and no provision for Iec!p~ocal drive with the property
owner next door. .
The applicant, Architect Max C. wbo,'18l ~etond Avenue, Suite 33
San Mateo, CA' 94401, reviewed the revised site plan: He would
like to maintain the 8' space between the buildings. He stresse
the uniformity and continuity of the exterior of the buildings.
All will be of the same building materials. Reversing the front
two units would infringe on the privacy of those 2 units and
their immediate neighbors. He said there is no problem with
increasing the turning radius. He would not like to push the
building back to allow 20' in front of the garage because this
would infringe on the jogging path. Re said they have not yet
determined whether there should be a perimeter fence. Those
plans would be made by a licensed landscape architect. The
patio fences will be 8' from the property line.
Ch. Blaine asked for comments from the audience.
Mr. Tom Siron, 20064 Wheaton Drive, Cupertino, asked for'denial
of this zoning and use permit, noting that 2 weeks previously,
the Planning Commission reviewed and continued the comprehensive
change to the General PIan. He said there are 3 swimming pools
along here. He asked what could happen to the moral respon-
sibility and the insurance aspect for the owners of these homes
if the children in the newly proposed development should hang
over the fence and even perhaps faIl into the pool.
Mr. William Clark, 20054 Wheaton Drive, objected to this pro-
posal because the higher the density the higher the crime rate,
per capita. He does not believe such high density belongs in
Cupertino.
PC-281
Pqe4
MINUTES OF THE MAY 8, 1978 PLANNING COMMISSION MEETING
Comm. Koenitzer asked the staff if there are other such developments
of this type in Cupertino. The Assistant Planning Director said
in all his formal education ánd everything he has read, there has
been no correlation between density and crime rate. With residential
here, there is less chance of burglaries in existing residences
than if it were commercial -- depending upon the degree of visual
access~
.
Mr. Herman Bustamante, 10105 Carol Lee Drive, said he came here
because he wanted a nice residential area in which to raise his
family -- a good quality home, privacy, a maintenance of property
value and architectural elegance. He feels some other architectural
treatment than that proposed would be better. He wonders what this
type of development all along Stevens Creek Blvd. would mean to
property values. He would like to see the General Plan acted upon
before a determination is made on this property.
The Associate Planner answered Comm. Claudy that they could go up
to 12 units per acre.
Mr. Merril1 Brooksby, 19924 Wheaton Drive, requested this matter be
held in abeyance until the General PIan is completed. If you have
that high density dwellings close to Stevens Creek Blvd., there
could be 21 school children here and the only way they can get to
school is to crawl over the back fence. This proposal, he felt, was
total1y inappropriate. The changes currently going on with the
General Plan are likely to recommend changes to residential rather
than commercial.
Ms. P. R. Lee, 20104 Wheaton Drive, said about 98% of her property
is concerned here. If the balconies are deleted,'~~e sliding. glass
doors are not going to prevent the owners from addin~ on to their
homes. The present trees are small. She has let her hedges grow
because of the noise from Stevens Creek Blvd. She now has children
climbing over the fence and into her back yard. She had her dough-
boy pool drained because of this. She said she was told by somebody
at City Hall that this property was zoned professional offices with
strips of greenery between them. She would like to see residential
rather than commercial behind her. The density is her main concern.
Mrs. Rosemary Callahan, 19954 Wheaton Drive, asked what criteria
was used for notification of General Plan hearings. The Assistant
Planning Director said contiguous owners were notified. She then
asked why Cupertino needs high density. Ch. Blaine explained there
have been many studies going on and there is great concern about the
number of jobs being created here without housing to take care of
the employees. Also, the cost of housing has gone up so much.
Various gov"ernmental agencies have made recommendations as to at
c_ least partially alleviating this situation.
MINUTES OF THE MAY 8, 1978 PLANNING COMMISSION MEETING
C-28l
age 5 .!.:.~-:...
The staff offered to sit down with Mrs. Callahan sometime and
go over the details with her. The Assistant Planning Director
said the School District officials are interested in seeing a
greater number of children. Condominium developments average
2.5 persons per unit.
Mr. Siron quoted an article by syndicated writer Sidney Harris
in a May 3rd publication. He said he contacted the County
Sheriff's Department and was told the City has the breakdown as
to types of crime and correlation between high and low density
residential. He said we can all do better than what was dis-
played on the bulletin board at this meeting.
.
Moved by Comm. Koenitzer, seconded by Comm. Claudy to close the
public hearing.
Motion carried, 5-0
Comm. Adams said we have had a lot of information from the publi
that is negative in relation to this proposal. Do we try to
stop growth to curb crime? He asked Mr. Woo if he considered
any other type residential, detached homes for this site?
Mr. Woo said there is not enough room for detached homes here
without cutting the density drastically; and then the price of
the land is too high to justify development.
Comm. Adams 5elieves the tentative map should be considered at
the same time as the zoning and use permit.
Comm. Gatto recapped the 1973-74 deliberations on the General
Plan. This is a radical departure from the General Plan "blanke "
The PD vehicle should provide the means to treat a property with
solutions for overcoming unique situations. Comm. Gatto s~id
the proposed jogging path is a prime invitation for crime. Re
would like more discussion on the General Plan before making a
decision on this property.
Comm. Koenitzer believes the General PIan does speak to this and
this proposal is in conformance with the General PIan. Re feels
the zoning and use permit are appropriate. He does not believe
this project would increase or decrease the inherent problems.
Comm. Claudy said he would be willing to consider 12-30 units
per acre. We have examples in Palo Alto of 40 units per acre
that are very attractive. A PD should be something unique and
beyond the ordinary. Re would like to see some effort made to
combine some of the properties here. It is within the constrain S
of the General PIan and wil1 be more affordable to more people,
but he was disappointed in the design of the project.
PC-281
Page 6
MINUTES OF THE MAY 8, 1978 PLANNING COMMISSION MEETING
Comm. Adams wondered if the applicant would consider deleting the
jogging path and place individual units' fences back to the property
line and consider single story units.
'- . ~.
Ch. Blaine said she is very concerned about housing for many people
who have been priced out of this City. She will be considering
housing on many vacant properties within the City. She
believes this proposal will not be meeting the needs of the City.
She would consider higher density. She does not like the lack of
fences or the' jogging path. She does not believe the crime rate
would be increased by this plan.
Mr. Woo said he is very pressured by time, as far as option with the
seller of this property. He very much wanted a decision at this time.
3-Z-78
approved
Moved by Comm. Koenitzer, seconded by Comm. Claudy, to recommend to
the City Council approval of application 3-Z-78 with the 14 standard
conditions, conditions 15 and 16 in the May 4th staff report,
condition 17 as modified, and conditions 18 and 19 in the staff memo.
Delete condition 20. Include conditions 21 through 24 in the staff
memo. Add condition 25: Rear yard fences will extend from the
buildings to the property line and enclose the patio and planting
areas for each unit. The homeowners' association will be left with
responsibility of front yards and street.
AYES:
NOES:
Comm. Adams, Claudy, Koenitzer, Ch. Blaine
Comm. Gatto
Motion carried, 4-1
l-U-78
approved
Moved by Comm. Koenitzer, seconded by Comm. Claudy to recommend
approval of l-U-78 with the same conditions as 3-Z-78.
AYES:
NOES:
Comm. Adams, Claudy, Koenitzer, Ch. Blaine
Comm. Gatto
Motion carried, 4-1
The Planning Commission finds:
I. That the use or uses are in conformance with the general plan and
not detrimental to existing uSes or to uses specifically permitted
in the Zone in which the proposed use is to be located.
2. That the property involved is adequate in size and shape to ac-
commodate the proposed use.
3. That the proposed use will not generate a level of traffic over and
beyond that of the capacity of the existing street system.
MINUTES OF TRE MAY 8, 1978 PL~>¡NING COMMISSION MEETING
C-28l
age 7
:;:.,
4. That the proposed USe is otherwise not detrimental to the
health, safety, peace, morals and general welfare of persons
residing or working in the neighborhood of such proposed use
nor injurious to property and improvements in neighborhood.
It was announced this would go to the City Council June 5th.
.
Moved by Comm. Claudy, seconded by Comm. Koenitzer, to send a
MINUTE ORDER to ASAC, asking them to pay particular attention
to possibility of privacy intrusion along the northerly property
line and to preserve the mature trees on the property.
inute Order
to ASAC
Motion carried, 5-0
3. Applications 7-TM-78 and 3-U-78 of GEORGE SAVAGE & LEON "
FRANGADAKIS: TENTATIVE MAP (7-TM-78) to subdivide a one-acr
parcel into two 10ts consisting of approximately one-half
acre each and USE PERMI~ (3-U-78) to construct a 3,800 sq. f
dental laboratory/office building on a one-half acre parcel.
Said property is located on the north side of Pacifica Drive
approximately 300,ft. easterly of the intersection with Sout
De Anza Blvd. in a P (Planned Development) zoning district. '
First Hearing.
-.
The Associate Planner said that in general terms, the plan is
consistent with the General Plan. The staff is concerned about
the proposed parking arrangement, however. There is adequate
room for a trash enclosure. Discussion followed.
Mr. Leon Frangadakis, 10383 Torre Avenue, said a P.G. & E. box
would have to be relocated with the staff's suggestion (see staf
report of May 3, 1978). The Associate Planner said that box is
recessed and there would be no probJ,em driving over it.
:r - ~ .
Comm. Claudy asked how many parking spaces would be lost with th
staff's recommended parking arrangement. The Associate Planner
said they·would possibly lose 2 or 3 parking stalls.
Since there were no further comments from the audience, it was
moved by Comm. Gatto, seconded by Comm. Adams to close the
Public Rearing.
Motion carried, 5-0
PC-281
Page 8
MINUTES OF TRE MAY 8, 1978 PLANNING COMMISSION MEETING
7-TM-78
approved
Moved by Comm. Adams, s~conded by Comm. Koenitzer, to approve
application 7-TM-78, subject to the 14 standard conditions and
conditions 15 and 17 in th~ May 3, 1978, staff r~port and
condition 16 as modified.
AYES;
NOES:
Comm.:Ãdams, Claudy, Gatto, Koenitzer, Ch. Blaine
None
Motion carried, 5-0
The Planning Commission finds:
a) That the proposed map is consistent with the general and specific
plans.
b) That the design or improvement of the proposed subdivision is
consistent with the general and specific plans.
c) That the site is physically suitable for the type of development.
d) That the site is physically suitable for the proposed density
of development.
e) That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially & avoidably injure fish, wildliEe or their habitat.
f) That the d~sign of the subdivision or the type of improvements
ar~ not likely to cause serious public health problems.
g) That the design of th~ subdivision or the type of improvements
will not conflict with ~asements, acquir~d by the public at large,
for access through or use of, property within the proposed
subdivision.
3-U-78
oved by Comm. Adams, seconded by Comm. Koenitzer to r~commend to
th~ City Couneil approval of application 3-U-78 subject to conditions
1-16 in the staff report of May 3, 1978, condition 17 as modified,
and conditions 18 and 19 as in said staff report.
AYES: Comm. Adams, Claudy, Gatto, Koenitzer, Ch. Blaine
NOES: N"""
Motion carried, 5-0
The Planning Commission finds:
1. That the use or us~s are in conformanc~ with the general plan and
not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be 10cated.
2) That the property involved is adequate in size and shape to ac-
commodate the proposed use.
3) That the proposed uSe will not generate a level of traffic over and
beyond that of the capacity of the existing street system.
4) That the proposed use is oth~rwis~ not detrimental to the health,
safety, peace, morals and genera 1 welfare of persons residing or
working in ~he neighborhood of such proposed use nor injurious
to property and improvements in the neighborhood.
This goes to the City Council May 15, 1978.
MINUTES OF THE MAY 8, 1978 PlJU1NING COMMISSION MEETING
PC-28l
Page 9
-'
Ch. Blaine called a recess at 9:32 PM. The meeting recon-
vened aC 9:45 PM.
(."."
4. Application 4-U-78 of SOBRATO-BERG PROPERTIES: USE
PE~~IT to construct a four-story induscrial/office i
building consisting of approximately 201,600 sq. ft. 01
a 10.9 acre parcel locaced at the soucheast corner of
North De Anza Blvd. and Mariani Avenue in an ~~isting
P (Planned Development with Commercial, Industrial/
Office intent) zone. First Hearing.
The Assistant Planning Director said che sice under deliber-J'
ation is at the corner of De Anza Blvd. and Mariani Avenue.
He reviewed the master use permit that was previous approved
He said 4-U-78 requesc is for a modificacion of che original i
use permit. ¡
I
The Assistant Planning DirecCor said che sin~le scory
structure'next to the school, to the east, is in the process
of being built. The requested modification is to combine
the 2 remaining buildings into one, and to change from a
manufacturing building to corporaCe headquarters -- which
will lower the trip ends. The main issue is the relation
of this building to the adjacent BAS Homes development.
The build in. g height from finished grade will be apprOXimatell
58' in front to 62' on the easterly side. It will be 280'
from its closest point Co BAS Homes and over 400' at che
easterly end. The visual relationships were shown on the
screen. He answered Comm. Koenitzer chat the original 3-sto
building was limited to 45'.
Mr. John Sobrato, che applicant, explained they are going Co
extra expense of excavacing to make the building appear
considerably less than the typical 4-story building. The
staff recommended reduction of parking spaces.
The Associate Planner said che staff recommends delecion of
some of the spaces in che large parking lot and addition of
a pedestrian walkway through the parking loco Mr. Sobrato
said this sounds good, but in reality the people will not go
ouc of their way to gec to a walkway.
Mr. Sobrato said 4 Phase Systems is planning an amphitheater
for conducting sales seminars, which means chere will be time
when they will need more parking spaces. His company has
built some 15 industrial buildings in Cupertino and never
have had Co construct an industrial walkway.
PC-281
Page 10
MINUTES OF TRE MAY 8, 1978 PLA}INING CO~1ISSION MEETING
Mr. Sobrato requested condition 18 of 4-U-78 be worded the same
as that in the Timex use permit.
Mr. Sobrato said he would like to be able to provide occupancy
on May 1, 1979. He said the majority of the traffic using
Mariani Avenue is commute traffic, not 4 Phase Systems traffic.
As to condition 24, Mr. Sobrato said all mechanical equipment
is in the basement and he would not like to have this included
in the gross area. It will not be On the roof. He'received
approval on :his.
Condition 27 should include 24" box :rees.
Since there were no camments from the audience, it was moved by
Comm. Gatto, seconded by Ccrmm. Adams :0 close :he public hearing.
Motion carried, 5-0
Ch. Blaine asked the Commission to discuss building height first.
Comm. Koenitzer said 50' was approved previously, including air
conditioning equipment. That is as high as he is willing to go.
Mr. Sobrato presented samples of the bronze reflected glass wi:h
concrete treatment proposed. He said the budget on this building
is 3 times that spent on the 4 Phase Systems manuf~cturing building.
This is similar to the Vallco Financial Center. ~~~ landscaping
is being accomplished now. The applicant's landscape architect
described the plan, including inner courtyard and..mature trees <mich
will in 5 or 6 years be taller than this building.
Comm. Adams asked if there were any plans for anything other than
a 4-story building. Mr. Sobrato said there were, but the nice
thing about the 4-story building is you can do Some really neat
things with the landscaping. They thought this was the best
solution. This structure goes 40% more than 2 stories in height.
Comm. Gatto said height is an illusive thing because you can do a
number of things to minimize it. A building of this type is less
objectionable than the existing 4 Phase Systems building. He would
prefer to see maSSeS of landscaping rather than"rallroading the land-
scaping as on the plan. He said he has less pr6blem with this plan
than the original 4 Phase Systems building.
Comm. Claudy said he sees strong horizontal lines with alternating
colors. He thinks the jog in the west side of the building is a
welcome relief. Due to the angle of the building the interior land-
scaping can only be seen from the parking lot.
Colored slides of the site were shown.
MINUTES OF THE MAY 8, 1978 PLANNING COMMISSION MEETmG
Comm. Adams said
of the beholder.
job here.
the beauty of this building are in the eyes
He thinks the design treatment does a fair
Vallco Financial Center has parking underneath and this
makeS'it comparable to a 4-story building. It would be more
fa:!r 't,) compare this building to it than to the Sear.s
building .
Ch. Blªine likes the design of the building but is concerned
about itcbeing the highest building in town. Flint Center
is much larger, but not offensive. She would be in favor of
going to 4 stories with this design.
Comm. Claudy felt this proposal was acceptable.
Comm. Gatto was answered by the Associate Planner that 38%
of the parking stalls are for compact cars -- the Drachman
System.
Ch. Blaine likes Comm. Gatto's idea of clustering larger,
green areas rather than row upon row of trees. '
Comm. Claudy suggested chevroning the stripes in the parking
lor.
Comm. Gatto said that by creating larger green areas you can
mound' t'lrem higher.
:;..çE..,2.::
Cömœ.Kòenitzer'àgreed with Mr. Sobrato that it isn't
reasonable to ask him to sit with an empty building until
Mariani Avenue can be closed off, as one of the conditions
suggests. '
Moved by Comm. Gatto, seconded by Comm. Adams to recommend
to the City Council approval of application 4-U-78, subject
to the 14 standard conditions, conditions 15 through 17,
18 as modified, 19 through 22, 23 to include a time limit of
'May 1,,1979~ and 24 and 25 in the staff report of May 4,197
The appflèant shal1 delete a reasonable number of parking
stâlls necessary to accommodate a landscaping program to be
approved by ASAC. The walkway network through the par.king
10t shall be deleted: Condition 26. Condition 27 shall
include 24" boxes.
AYES: Comm. Adams, Claudy, Gatto, Ch. Blaine
NOES: Comm. Koenitzer
Motion carried, 4-1
PC-28l
Page 11
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4-U-78
approved
PC-281
Page 12
MINUTES OF THE MAY 8, 1978 PLANNING CŒ1MISSION MEETING
The Planning Commission finds:
1. That the use or tlses are in conformance with the general plan
and not detr'iœe~al to existing uses or to use~ specifically
permitted in the zone in which the proposed use i~ to be located.
2. That the property involved is adequate in size and shape to ac-
commodate the proposed use. .
3. That the proposed,use will not generate a levl!!;l"o~ traffic over
and beyond that of the capacity of the existing street system.
4. That the proposed use is otherwise not detrime~,al to the health,
safety, peace, m~als and general welfare of persons residing or
working in the neighborhood of such proposed ase nor injurious
to property and impl;ovements in the neighþ"r1}c:>pd,
This will go to the City Council 9n May IS, 1978.
5. ApplicaÚon lO-TM-78.{)f OXBOW LAND & DEVELOPMENT COMPANY, INC.:
TENTATIVE MAP to combine three parcels cons1s,ing of a total of
0.19, acr·e into "One parcel. Said property..i~..·located adjacent
to and southwest.erly of Santç¡ C1ara Avenue approximately 125 feet
weS"t'erly òf t.\1e inters,ectiqn with Alhamb;ra Avenue in a pre P
(Planned Development with residential duplex intent) zone.
First Hearing.
The Associate Planner referred to the exhibit on t~e screen.
Mr. Gary Mylander, 1600 Willow Street, 9;11). Jose" .said:he was the
applicant and offered to answer any questions.
Since there were no comments from the audience, it was moved by
Comm. Gatto, seconded by Comm. Adams to close the public hearing.
Motion carried, 5~0
10-TM-78
approved
Moved by Comm. Gatto, seconded by Comm. Koenitzer to recommend
approval of application 10~TM~78 subject to the conditions in
the May 3, 1978 staff report.
AYES: Còmm. Adams, Claudy, Gatto, Koenitzer.. Ch",.Blaine
NOES: None
"J.;:'
.>
Motion carried, 5-0
The Planning Commission finds:
ã. That the proposed mayJs consistent with the general & specific plans.
b. That the design or iœpr.ovement of the proposed subdivision is con-
sistent with the.g.eneral and specific plans.
c..' That the site is physically suitable for the type of development.
MINUTES OF THE MAY 8, 1978 PLANNING COMMISSION MEETING
d. That the site is physically suitable for the proposed
density of development. ,:, . ,C..'"
e.Thàt'the design of the subdivision or the proposed im-
'pro'lements are not likely to cause'substantial environ-
menta 1 damage or substantially and avoidably injure fish
or wildlife or their habitat.
f. That the design of the subdivision or the type of improve
méniíl'are not likely to cause serious public health
problems.
g. Thaë~the design of the subdivis~on or the type of improve
ments irill net conflict with easements, acquired by the
publ!Ecàt lárge, for access through or use of, property
wit1\inJthe proposed subdivisioð.
This goes tó the City Council , May 15th.
','
6. Applií:àUons 7-Z-78 and 9-TM-78 ' of UMBER.T, NEWMAN,
DOUG1.A5(c!0 RICHARD CHILDRESS-)'; PREZONING. '(7-Z-78)
approxhately" 36.6 acres from:Cit}' 13f-CU1'.er,tino, pre Rl-
100'fRes!dentia!L, Single-family-, öiOO',OOO ;,sq .~:fJ:. minimum
lot'aréa per'dwelling unit)·, pr'e Rl-4'¡¡ '(dlesid-ential,
Single-fa1ilily, 40 ;000, sq. f-t:·. minimum b)t area per dwell
ing unit) and Santa Clara County A (Exc¡usive Agricultùr
to City of Cupertino pre Rl-80; 3.2 acres from Santa
Clàra County A (Exclusive Agriculture), to City of Cuper
tino pre Rl-60 (Residential, Single-family, 60,000 sq. f
'm±n'binnn"'lot 1!Iize) , 1:>r whatever zone may be deemed appro-
priate by' th~'J>lanning Commission; TENTATIVE MAP (9-TM-7
to subdivide approximately 39.5 acres into 15 single-
family 'lots'; ranging from 1.5 acres to 3.5 acres in size.
Said property is located at the westerly terminus of,
Lindy Lane. First Hearing.
The Assistant Planning Director presented a map and colored
'Slidesof'the potential building sites. He said the staff
has learned'that the ridge tops are the most stable. The
staff is recommending the developer hire a landacape archi-
tect to~ea~ screen the structures. The proposal is to have
public"rOa.c!:"with private portion connecting Regnard Road
with Lindy Lane in emergency situations.
ì
Mr. Dick Ch±laress, 22025,Regnart Road, presented a master!
plan during the Nellis application public hearing. He said
the slope/density formula yields 18 10ts, but he is see~ing
15. It has"been pointed out that;' it is better to put a home
on the ridge rather than have 1;t''1ílend into the terrain
because then this larger building =ass shows up more from
. , , :~ 'the valleY. . -" . .
PC-281
Page 13
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PC-28l
Page 14
MINUTES OF TRE MAY 8, 1978 PLANNING COMMISSION MÈETING
Mr. Childress suggest:ed a scree~ing program to ensure an orderly
development.
COIQIII. Claudy c.lled ,attention to condition 16 C·. Mr. Childress
said t his is . the mast~r plan only. Then each ipd.;Lyidual would
lan:lscape hiS own pro.perry. . They would like to add a condition
to àl10w them to dev~lop under this new ordinanëê' when and if it
is approved.
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chi Blaine, asked for comments from the audieI},,-e, '
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Ms. Juanita McLaren, 22;10+ Lindy LaM, at;àted.);¡he'sJ:ieen a resident
thert~ :for 22 yearsr Sl\ecommended Mr. ChiÍdÌ:'ess and his staff on
the change of the ro!,dway.. She had. a_ fe.w concerns, .,.h"",ever, such
. AS, th*geologicarrep"rt·:,):¡y,Mr., Rose ¡ihp repcin,edone slide area
~ .". \ ! ., . , .. '.-.', .: .."
werè the: large oàksaI'·e.Shé asked wher,,, the \!ther slide areas
are. She suggested some of the other geologists' statements
. cc;>uld .be incorporated in,these delibera1:;lon!,. ~hecwants to make
. Sl¡re·. there are adequate iìatural drainag:eflreas ~o~ eacþ one of
,t,hòse home sites .$héc1$ in fa;vor pf h01Ì\es, on the flat spots on
top rather' than 'pôle i:'ons.rruction ålong the sides of the hills.
She is in favor of horse.sin the foothill,s J>ecause this helps get
rid. pf the fir,e hazard. She' is very much':tit favor of fire accesS,
and .fe'elsKaiser'should al...o pæ:tic,ipate in the ,burden.
,
Mr. Childress said there have been 2-additional geological studies
and they were reviewed by Mr. Cotton. Drainage will·be better
after de;velop1Ílent ·than b!!fore, Hors~wi,U be· pe.rm:i..¡:F~, depending
on the ordinances. Fire aécess will be provided. ë.~,. R's wil1
be placed on all the homes.
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Since there were no further ccrmments from the audience; it was
moved by COIDI1. Koep.itzer,. seconded by Comm. Adams to close the
public hearirlg. .... .
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Motion carried, ~-,O
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Co.... Gatto couønented that we have come a l·o.~ way :Í!' d.eveloping
, hill(1ide prope1';.ies from just a couple of ye!,r~ ago~ He would be
.wilU,ng to look athoÎl1es plàced on ridgetops.. . 0
C01IIIII' Koenitzer'said he ,was not in favor of hom;"~' on ridgetops.
From the valley, we want· to continue to look up at the hills.
"
Co.... Claudy agrees the homes on hilltops will'Þe seen. The key
is in the landscaping. He fouñd this to be a fairly wel1 thought
out pIan.
MINUTES OF THE MAY 8, 1978 PLANNING COMMISSION MEETING
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Comm. Adams said the positioningQf, the homes on the building
p8ì:ts ånd l,indscaping to minimize"tbé' 'impact of- the homes on
the hilltops can be very effective.
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Comm. cåÚo was in favor of one'-storYÌ\Omeson top:"óf' the
'ridge-with a second story going'<1own t:le hill --,the>homes to
bé bùl1t on thebáck side of th¡':hill Wh'erever posSible.
'-' ~ . .'
..J _. :'.::-.
Ch. Blaine is concerned about a mechanism to control what
happens to the maintenance of th¡; requited landscaping. The
Assistant' City Attorney said thei-è is -nc)' existing orèi inance
to cqver this situation. The C C & R '.!¡"cou:¡'c!::cQlUe into play
·-'tféré~ ~;Peihapsthe City could 'b:enamed joint beneMcigry.
_ ~.;.. . ,- E '-: ~ -:;'';' . : . - '. ~; ~ ' .' . . ':< "
'The 'As.s!stant Planning Director:said the, Open S-paceDiBtrict
l;¡"ould_Jushas,sèon ,sée the ,hoòii!$ 'fac1ñg.the City'ratI'iar than
- - · the' oÞe:Dspace; .
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'A£ì:u·fiìrther "discussion, it wás:decided LdJ:s,'9. U. 13 & 14
shoúld 'be> singlè . story. ,TheC:l..ty lÙ1ould,b.. prOVided', with a
"' copy of thé C '.(: Iii R's \,ó,ensúre,tilÌe treè¡j·arè'pro","cted.
., .' ,
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. C' CÖmm. Koenit--z.er" noted there appears -to be 5' to 10 t cut and
'fill aróunâevery' home 'site. _ Mr. ChilGress, said this is to
accommodate a large pa\!king àrea. He answE!red Comm. 'Adams
that the homes will be on Sewers.
. ~ "}..... , ;.' . ': '
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.~... ?':<
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,,. ,¡ . Moved-of c'~'- G~o, secohdeq. by Comm.' AdamS'; torecOlUíllend
, , ,- 'to: r'he Cit'Ý Co\,rici1 åpproval of appliàtion '7-Z-'78.'
AYES¡ Comm. Adams, Claudy, Gatto, Ch. Blaine
NOES: Comm. Koenitzer
:":: '; t·: ~
Motio.n carried, ~4-1
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.' q'~.,¡,.
Moved by Comm. Gatto, seconded by Comm. Claudy to recommend
approval of âpplication 9-TM-78 with the 14 standard condi-
tions. .conditions 15 & 16, deletion of first two paragraphs
of condition 17, and conditions 18 through ·29 ;i.n ,the staff
'r~ì>ortdt'MFy: 4, 1978. Add condition 30: RestrictionS On
'·srructûres- ö1ì lots. 9.1]" '13 ,& 14, "00' single stor)'¡' CQì>dition
31: Require the developer to sùbmit a copy of tne-C-C,& R's
for review,tQ ensure planting in condition 16 c.· Cond;i.tion
32:- The City to be a third party beneficiary if it'so'desire
~.I .
.2'::.
H
AYES: Comm. Adams, Claudy, Gatto, Ch. !!laine
-NOES: Comm. Koenitzer ;.
..
,~. ...
Motion carried, 4-1
C-28l
age 15
7 -Z-78
approved
9-TM-78
approved
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MINUTES OF THE MAY 8, 1978 PLAl¡NING COMMISSION MEETING
PC-281
Pag e 16
The Planning C~jssion finds:
a. That the pr6posed map is consistent with the general and
sp ec if ic plans.
b. That the design or improvement of the propOSed subdivision
is consistent with the general and specific plans.
c. That the site is physically suitable for type of development.
d. rhat the site is physically suitable for the proposed den-
sity of development.
e. That the design of the subdivision or the proposed improve-
ments are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlif
or their habitat.
f. That the design of the subdivision Or the ,type of improve-
ments are not likely to cause serious public health problems
g. That the design of the subdivision or the type of improve-
ments will not conflict with easements, acquired by the
public at large, for acceSs through or use of, property
within the proposed subdivision.
This goes to the City C~uncil June 5, 1978.
UNFINISHED BUS INESS : None.
NEW BUSINESS: None.
REPORT OF PLANNING CO~!ISSION.
Discussion of Proposition 13 and of a new environmental assess-
ment procedure...see May 3, 1978 staff memo.
REPORT OF PLANNING DIRECTOR~ None.
ADJOURNMENT
Ch. Blaine adjourned this meeting at 12:50 AM to 7:30 PM on
Wednesday, May 24, 1978, as this is the only night a quorum
would be in attendance.
APPROVED:
ATTEST:
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Chairwoman
'h
"'H