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PC 04-24-78 . i ~ CITY OF CUPERTI?i0, ST.a'PE QF ~4i,IFOR~'IA PC-280 ~ 10300 Torre Avenue, Cupe:tino, CA 95014 PaRe 1 Telephane: 252-4505 *fINUTES OF THE REGULAR MEETING OF THE PLANNING COM3ISSI021, HELD ON APRIL 24, 1978, IN THE COUNCII. CHAPffi~E CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Ch. Blaine called the meeting to order at 7:38 P*! with CHe Saluce to the Flag. ROLL CALL Co~. present: Adams, Claudy, Ch. Blaine Co~. absent: Gatto, Koenitzer Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan _ Assistant City Attorney Kilian Assistant City Engineer WhiCien Associate Planner Piasecki APPROVAL OF MINUTES None. POSTPONEPSE[JTS Ptoved by Cocmi. Adaas, seconded by Co~. Claudy - per the request of the staff, to continue Item O4 - Grading Ordinance to May 22, 1978. Motion carried, 3-0 WRITTEN COMMUNICATIOL7S None. ORAL COMMUNICATIONS - None. i PC-280 MINUTES OF THE APRiL 24, i978 PLANNING COMMISSION "LETI^;!= Pa~e 2 , ~ PUBLIC HEARINGS I 1: LITY OF CUPIItTINO: Public Hearing to consider a comprehensive azpendment to the General Plan. First Hearing continued. T~e Asai~stant Planning Director stated this was the fifth in a series of public hearings to consider an amendment to the General Plan. He ~ then reviewed the first draft of three of the Elem~nts of the General ~ Plany and staff report with attact~ents containing the staff's recom- i mendations regarding land use.for Housing, Commercial, Flood Plain and the Hillsides. He said the Seismic Safety Element, Noise Flement, ~ Publie'Safety Elrment, Housing Element,.Circulation/Opm Space/Recreation j Elem~x~ts will be amended. i i The ~ssistant Planning Director said the following determinations have been mada.: There will be a Regional Shopping Center at Vallco Park wiih Industrisl Node, Hotel, and High-Rise Office Structures.aad the "Gali Gornez" will be developed ia an "identifiable fashion". At this public hearing they were prepared to discuss some key properties in the Downtow Core area. He then described the 1990 Build Out illustration on the bulletin board. They wanted to explore the implications of 10 to 20 dwelling units per acre, 15 to 25 units per acre and 25 to 30 units per acre, The Assistant Planning Director stated the City has determined it wants to increase the housing opportunity within the City of Cupertino; howeuer, it is nat attempting to reach a jobs/housing balance. In terms of conmmunity character, the City is interested in breaking the stzip commercial stigma. We are looking for community identity. In the future,. there will be a proposal for residential along Stevens Creek Blvd. at Randy Lane. The staff asked the Planning Commission for concurrence ia the change of industrial to residential zoning. Toby Rrame= and,Su~ Hastings, on the Planning Staff, have been zesearch- ing optiona open to the City. At this time,~Ch: Slsine introduced the Planning Co~ission's newest Member, Mr. John Claudy. Coa~: Claudy stated he had read all the material and heard all the tapes available on this subject and was prepared to proceed with the rest of the Co~ission w3th, perhans a few questions that may be redundant to the rest of the Co~ission. This was no problem. Co~. Adams said the planning process periodically reviews the City's plans and objectives. We are always going to have the coffinute problem. Although ve are atte~pting to develop a housing balance it is going to be extremely difficult. He would like the City Council to review what other cities are doing in this area. Further, it was his opinion that ehe industrial and the co~nercial should be separated to help reduce the co~ute situation. _ i i I MINUTES OF THE APRIL 24, 1978 PLA":^IING COMMISSION MEETING ~ PC-280 - Page 3 Ch.Blaine suggested looking at some of the school sites at the same time, particularly at the ones being closed this and next year. Perhaps an underlying zone could be placed on school sites. The Assistant Planning Director said the City has bem considering this, but it is his understanding that the School Districts do not plan to sell any of their property: Ch. Blaine asked the staff to prepare definitions for "Cupertin Area" and "Market Area", Co~. Adams said the neighborhoods would have to be Caken into accwnt before breaking up the co~ercial. He would 1tl~b to consider s~e high densitq housing along De Anza Blvd, althoagh down at the Homestead Road area it could change the"character of the neighborhood. He wauld like to explore the feasibilitq of residential in-filling where commercial was originally planned, taking into consideration the character of the neigh- borhood. • Comm_ Claudy said his general thinking that you can i.ntegrate housing and comuercial if enough thought is given to it. He would hate to see the typical pattern, with walls along the major streets. Ch. Blaine said she could visualize residential on all-the site. proposed. She agreed that care must be taken so that intrusion into esisting residential is minimized. In responee to her request for a show of hands, it is recorded that five persons in the audience had come to this meeting to speak to this item on the agenda.. • ~ ~ Co~. Claudy stated he would prefer not 'to make a'decision at this meeting. The Assistant City Attorney said it was £he C3ty Attorney's opinion that it is quite proper co caice iield trips to study the matter. - ' The Planning Co~ission decided to have co~eats in general on the concepts proposed rather than specifics at this point. Mr. Tom Severen, Wheaton Drive, said that in general, their concerns are the same. He would like to see single-family dwelling units at Stevens Creek Blvd. and De Anza Blvd. His prime concern is the density. He believes the City's respon- sibility is first to the existing developments. ~ PC-280 MINUTES OF THE APRIL 24, 1978 PLANNIIJG COMMISSION MEETING Page 4 Ms. Dorothy Hillman stated her property is a[ the corner of Blaney and Price Avenues. She is interested in what is going to happen to the properties around her. Mrs. Hillman said she is surrounded by apartments and duplexes and on her half acre the trees are getting old. She would welcome high density zoning. Mr. Gary 13anson stated he represented property owners in zone E. He wuld like to know the time frame involved here so they could discuss the matter of zoning. Ch. Blaine said it will come up agaih the 4th Monday in May. He should call City Hall to reconfirm. A gen[leman from the firm of Cornish and Carey stated he represen[ed one of the land owners in area E. Ae submitted a portfolio to each Member of the Planning Cp~ission and 2 for the staff. He said it goes hack to 1968, when it was divided inio four lots. A final map was not filed with the County. In 1969 it was once again approved. The praperty is presently zoned co~ercial. They want [o move their professional office to this 3000 sq. ft. site. They welcome resi- dential on the remainder of the property as long as it blends in - with the .area. Mr. Martin Hall, representing Martin Hall Associates, said his plans call for underground parking for the 4-story condominiums with exterior fountains and lots of landscaping. He is interested in area E. Ae feels the entire piece is necessary for his development. If the co~ercial is allowed on a portion of it, he feels it should be along the frontage. He described a similar development in La Jolla. Mr. John Sobrata, of Sobrato-Berg Properties, wanted to discuss 6 acres at Mariani'Avenue and De Anza Blvd. Ais understanding is the property i~s not ainder any moratorium at the present time. He said he was told 1t would be reviewed. The Director of Planning and ' Developmeat was:aot sure what the Planning Co~ission or City Council would allow thezes ~The staff recommendation would be 15-25 units per acre. Mr. Sobrato said that since they own the pzoperty sur- rounding this and they originally envisioned this as light industrial, it is their feeling that any residential would have to have the typical 8` to 9' high fence in order to mitigate the probelms associated with tank farms, loading areas, noise, etc. This 4-acre parcel is not going to solve Cupertino`s housing problem. Dr. Joe Srown, 20985 Peppertree Lane, Cupertino, said his property along De Anza Blvd. was approved for co~ercial/industrial in 1972. Then a 2.5 year moratorium was placed on the land. Then another plan with restrictions was placed on the property. Then another indus[rial complex went through City Aall. Then the City put the only "alley" in town through here. Now they want to throw out those plans and put in housing. = MIN(JTES OF THE APRIL 24, 1978 PLANNING COMMISSION MEETING PC-280 Page 5 Dr. Brown said he thinks that if he came to the City with a proposal for housing that the staff might pzopose this land be used for a marsh for migrating birds. He does not think Cupertin is going to solve the housing problems for Santa Clara County. He does not want to see that land turned into an "instant slimm"; we already have that nearby. He said the School DisLrict has studied this sort of thing and it takes abaut ZO years for these apartments to turn into slums. This does not happen with high class, high rise apartments of good construction. He:thinlcs the suggestion of condominiums is one step backwardz. Az does npt think Cupertino should respond to this fad of co~mune-type living. High class apartments lend themselves to a atable. co~unity . Toby Kramer, discussing a below market housing price, said that in reviewing the Goals Co~ittee Report, they found a tot of the objectives contained many of the same objectives the stsff has been talking about. The staff has attempted to implement these, goals. She said there has to be a way of making the new housing compatible with the existing housing. The units would have to be regulated on an ongoing program; otherwise, when a person sells he will be making an exhorbitant profit on 3[. Aftertwo years of - continuous ownership, the owner could be released from Lhe resale restrictions. They are thinking in terms of lOx on 10 units or more. Comm. Claudy asked Mrs. Kramer her estimate belw market value that this would operate on. Mrs. Kramer said she does not have this information as yet. Trade-offs would be.nffered to the developers. Palo Alto has had good success wittu this lOX figuie. The City purchases the land and sells it to_the developer. Ch. Blaine asked what happens vith the homeowne~zfees in these situations. Sue Hastings said ~:urrently, the,~omeowner fees are pa3d by the homeowner. They are z`.in~n~y of including these fees in the pr3ce of the home. Mrs. Rramer answered Comm. Adams that Palo Alto has this "lOS concept" scattered [hroughout Palo Alto. Co~. Caludy recommended that at the end of the 20 years, the homeowner should get limited right of return on the investment. Comm. Adams suggested 99 years and that the City would have first right of refusal. ?frs. Rramer answered Ch. Blaine that there would be ful.l, assess- ment on the property. PC-280 MINUTES OF THE APRIL 24, 1~78 PL.A2;NING CO"L"I?SSION !-'EETiNG Page 6 Dr. Joe Brown said he never thought it would come to this. There is nothing new about rent control...and we all know wha[ happened there. The idea of penalizing a new developer to protect the under priviledged is not his idea of justice. Co~. Adams said he thinks it is a good idea to provide houses "acroes the board". He would like to know more about how other cities are handling this. He wonders how u~any developers are willing to go into this type of program.....is it just the big developers? ~ Ms. Hastiags suggested arranging for Sylvia Semans from Palo Alto - to come and talk about the practicalities of this approach. The Co~issioners decided that more input was needed before a decision could be made on such an important issue. Moved by Comm. Adams, seconded by Co~. Claudy, to continue this public hearing until May 22, 1978. ~ PSo[ion carried, 3-0 Ch. Blaine called a recess at 9:50 PM. The meeting reconvened at 10:O5~PM. 2. CITY OF CUPERTINO: Public hearing to consider an ordinance regulating hillside residential development including buildiag setbacka and height, fence locations, permitted uses and vegetation removal. First hearing continued. The Director of Plabning and Development reviewed second draft of the Hillside Subdivision Ordinance and third draft of the Hillside ~ Zoning Ordinance with suggested changes shown in italics. All property owners within Regnart Canyon and Inspiration Heights have been notified of this review. Written comments from interested persons were entered into the record at this time. The Planning Co~ission reviewed the Zoning Ordinance, page by page. On page 1, the Director was asked to check what exceptions there are in Section 3 to the County Non-Conforming Ordinance. Ch. Blaine also felt that on page 4, [here should be a mandatory soil investigation as a part of the site development plan. Cot~. Adams suggested czoss-referencing Section 4.19 and Section II on page 15. The Assistant City Attorney called attention to the rewording on page 6, per the City Attorney. MINUTES OF THE APHIL 24, 1978 PLAt:NI~IG COMMISSION 2?£ETING PC-280 Pa¢e 7 There was furthez discussion on the mattet of the keeping of ~ animals. Ch. Slaine does not want animals on property annexed co the City, that are not creating a problem to other residenr.s in the City, to be prohibited. Co~. Claudy, in an intent to try to clarify this ordinance, it suggests grandfathering-in both the specific animals and the number of animals.....He was not sure he liked that intent. The Assistant City Attorney clarified that 2 issues are being' discussed here: zoning and health hazards. As to nonconforming use situations, there could be an abatement situation within a reasonable length of time. The County Aealth Depaztment could take care of the health hazard situation. Page 10, Section 9.5 - Co~. Claudy asked if the rear yard set- back should have the taulti-story factor included. The Director said it is now 20' for 2-stary. • Section 9.6 should be "4" instead of "2". Comm. Claudy does not agree with the philosophy regarding fenc- ing in Section 9.7, starting on page 10. He would prefer to - see more restrictions on smaller lots. He would prefei to see a sliding scale. The sta£f will work on this section. Page 11 "shall" rather than "may". There were 2 minor change on page 12. Further work has to be done on page 14. Section , 10.5 a and b have to be clarified. { Ch. Blaine wants a new section added: "Standards of Approval" that gives the sequence of events that must,..happen when hillside property is going to be developed. Mr. Louis Paviso, San Juan Road, wanted to~xnow if his and his ueiKnbors` properties are involved in this~. The Director ex- plained that at this meeting, an ordinance is being drafted for all properties over 10% slope. Once the ordinance is enac[ed, it will be attached to lands in the hills that are proposed to be developed. Mr. Paviso pointed out a discrepancy whereas the ordinance requires 50' on one page and 70' on another. Mr. Paviso said he would like very much to see a map at this time. Maps were on the bulletin board. PSr. Henry Severen, 22570 San Juan Road (Inspiration Heights) said he and his neighbors have never seen a copy of this nor heard anything about it until Mr, Paviso advised them. The Director said notices were sent to everyone livin~ on the upside of San Juan Road. PIo[ice was not sent to *tr. Severen and the people he referred to because the staff felt it did not apply to them since their property is already developed. ' i PC-23U I MINUTES OF THE APRIL 24, 1978 PLA".dNING CO'~"?ISSIOtd MEETING Page 8 Mrs. Nancy Hertert, San Suan Road, asked if, when property is developed and 2 covered and 2 uncovered, functional parking spaces are required, whether or not they must remain as such and not be created into rooms. The Director answered that a building permit is required for conversions or enclosures of a portion of the garage. Moved by Co~. Adams, seconded by Comm. Claudy to request another draft of this ordinance and to continue the public hearing to May 22, 1978. Motion carried, 3-0 The Director of Planning and Development said Mr. Dick Childress' written co~ents will be included with the ne~ct draft of the Hillside Subdivision Ordinance. 0'Patti Brisco, Russelhurst, said she is very pleased to see the City will be reconsidering the Stevens Creek Blvd.and Hillcrest area. She said what these people are trying to say is, even though their property is developed now, they may in the future consider subdividing their property or change theiz fence or make additions to their homes, etc. 3. CITY OF CUPERTINO: Public Hearing to amend Sections 18.16.260 through 18.16.310 of the Municipal Code relating to the regulation of Hillside Subdivisions. First Hearing continued. The Director of Planning and Development reviewed the second draft of these sections, per the April 20, 1978 staff inemo. The Aesistant City Engineer said he reviewed this again, since the staff report was prepared and found, in regard to urban fringe and semi rural, we have two different definitions for the same type of roadway. This should be clarified. (Pages 4 and 5- collector streets) Also, some rewriting is necessary on page~ S and 'o. Coffi. Claudy had minor corrections/suggestions for pages 1 through 9. Ch. Blaine asked for co~ents from the audience. The Director of Planning and Development entered Mr. Dick Childress' statements into the record. There were no further co~ents from the audience. *foved by Co~. Ad~s, seconded by Co~, Claudy, to continue this public hearing to May 22, 1978. Motion carried, 3-0 MINUTES OF THE APRIL 24, 1978 PLAV`1ING CO^Rd1SSI0N MEF.TIP~G C-280 aAe g Point of Order: Mr. Paviso asked why the first hearing is always continued rather than close the first hearing and then go on to a second, or third hearing. Ch. Blaine said this is just a conticruation of the same public hearin~. 4. CITY OF CUPERTIlQO: Public Hearing to consider amendmeat of Ordinance 214(a) pertaining to excavations, grading and retaining walls. POSTPONID TO MAY 22, 1978. 5. CITY OF CUPEBTZNO: Public Hearing to consider an ordinance regulating the conversion of multi-family residences to ~ single~wner housing units. First Hearing continued. Aasaciate Planaer Piasecki reviewed the second draft of this ` ordinance. It is consistmt vith the Housing Elemmt of the General Plan. A hand~ut was distributed in regard to recent State Legislation in regard to condominium conversion. He suggested thia matter be continued for three months so that it will go to the City Council along with the Housing Element. Ch. Blaine asked if "fire vall" has been included. The staff will check on it. Ch. Blaine asked for co~ents from the audience. The question of definitions vas raised by a m~ber of the audimce. Ms. Janet Owen, Mid Peninsula Citizens for Fair Housing, repre- sentative, said they feel this ordinance is a step in the right direction. However, she brought up several points to be review Section 3.1A, Section 6.6. Childrea should be allowed. There should be wide doorways for wheelchairs, easy access to public transportation. In regard to replacement housing, it should include something to the effect that it should not exceed 25X of income or not to exceed rent being paid for aoartment to be converted, whichever is higher. They object to 355. The co~uze time to work should be included, as well as the impact on schools. In regard to the November 26th draft, they ea- courage the City to have first right of refusal on the sale of these units. She left a copy of her presentation with the staff Ch. Blaine asked the ataff to addresa families with children in the conversion ordinance. The Assistant City Attorney said equal housing wording is covered in the Relo~ation Act. i Ch. Blaine asked for co~ents from the audience. There vere none. I PC-280 MINUTES pF THE APRIL 24, 1975 PLAPINInG COMMISSION "lEETING Page 10 The Associate Planner suggested including: "Replacement housing auitable to the specific needs of the residences being replaced.... special needs to be considered." Moved by Camm. Adams, seconded by Comm. Claudy, to close the public hearing and to take this item off the calendar to be looked at after 3 months. Motion carried, 3-0 WFINISHED BUSINESS 6. Stevens Creek Blvd. Plan Line: Street cross-section designs for interim improve~ente for Stevens Creek Blvd, between Orange Avenue and Bubb Road. The Assistant Planning Director recapped that the Planning Commission essentially approved the S[evens Creek Blvd. Plan Line 2 phasea - land use plan and Stevens Creek Blvd. Smprov~eats including short term implementation, definition of future needs, and acquisition of right-of-way for 4 lanes but not necessarily improvement of all 4 lanes at the present time. The City Council has aske.d the Planning Commission to consider deletion of all material in regard to implementation. In the section between Bubb Road, on the east side and Orange Avenue on the west, the City will require full improvements, paved and striped, for 2 lanes. In regard to the railroad crossing improvements, the City Council has approved this and it has been budgeted and is pretty,much under way. It is very close to the intersection and transition fram 2 lanes to 4 lanes is very difficult. Ae said that unless the Planning Commission wants to take the position of asking that these improvements be stopped, it 3s important to define a"hard edge". Discussion iollowed, What kind and degree of impr^••_ments should be spelled out here. A time frame should be worked out. Co~. Claudy recapped the proceedings, public hearings, staff reports, etc., on thie subject. He asked if it will be actively sought or jus[ be planned for whenever development occurs. Ch. Blaine would like some bike lanes striped in. The Assistant Planning Directoz said the bike lanes would terminate at Orange Avenue and since the lanes will be 19' wide, there will be no problem for ~ bicycles competing with cars. The Assistant City Engineer said [hat legally, bicycles have the right to use streets anyway. MINUTES OF THE APRIL 24, 1978 PLA.^7NING COMMISSION MEETING PC-280 ~~~'~~1~ - Page 11 Co~. Claudy was concerned that 19' wide lane would encourage passing on the right side. The Assistant City Engineer said thi is happening now, anyway, , Ch. Blaine noted that Orange Avenue goes to the high school. She believes extension of Freeway l/85 underneath Stevens Creek Blvd, would be a big help here. Moved by Comm. Adams, seconded by Co~, Claudy to forward to the City Council this Policy document with amendments as suggested by staff. Motion carried, 3-0 :VEW BUSINESS: None REPORT OF PLANNING COMMISSION: None REPORT OF PLANNING DIRECTOR: None ADJOURNME!VT Ch. Blaine adjourned this meeting at 11:40 PM to 7:30 PM on May 22, 1978. APPROVED: ~ I _ ~ _ am ~ e I Chairwoman ATTEST: I City Cle