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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 rage 1 , 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 ..' . 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 . - 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. ," .:~'~ chi Blaine, asked for comments from the audieI},,-e, ' " .,-.... ...., -, "J 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. ,. I. ~. , - . Since there were no further ccrmments from the audience; it was moved by CO IDI1. Koep.itzer,. seconded by Comm. Adams to close the public hearirlg. .... . ., Motion carried, ~-,O " ,...'." " , j ,,'.. --' H _..... .. ~ 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 ,",- -,.;. 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. '\''-' --'-' .". . 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; . .'1 ~. "': .. ~' :-, .~ ~ .... .... , ' , '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. ., .' , .. ~~.. ' . ,- ::''''- . 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. . ~ "}..... , ;.' . ': ' .. '~'- " ,: ,., _."~- , -'" ~ '1 ,- " .~... ?':< " ,,. ,¡ . 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 , - .' 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 '.-.... .. 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: -'~~/~~- Chairwoman 'h "'H