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PC 03-27-78 ~ CITY OF CUPEF.TI'Q0, ST?Tc OF ~~.LiFOk"iiA PC-27% 10300 Torre Avenue, Cupercinc, CA 95014 Page 1 Telephone: 252-4505 ~ i MI~IUTES OF THE REGL'L9P, MEETING OF THE PLANNING COMMISSION HELD ON MARCH 27, 1978, IN THE COL~^ICIL CHA*IDER, CITY HALL CWE4TIN0, CALIFORUTA I SALUTE TO THE FLAG Chairman :Coenitzer called the meeting to order at 7:35 PM with the Salute to the Flag. RQLL CALL Co~. present: ~.laine, Gatto, Markkula, Chairman Koenitzer Coimn. absent: Adams Staff present: Director of Planning 6 Development Sisk Assistant City Attorney Kilian Assistant City Engineer Whitten Associate Planner Piasecki . Assistant Planner Kramer Planning Technician Prat APPROVAL OF MINUTES *tinutes of kegulat Meeting of February 13, 1978: Moved by Comm. Blaine, seconded by Co~. Gatto, to approve Feb 13th Minutes the Minutes of February 13, 1978, as submitted. approved Motion carried, 4-0 Minutes of February 27, 1978: i Page 6, first paragraph, last sentence should read: "He I believes we should consider low-pollution mass transit as a way of getting people back and forth." Moved by Co~vn. Gatto, seconded by Comm. Blaine, to approve Feb 27th Minutes ~ the Minutes of February 27, 1978, as amended. approved Motion carried, 4-0~ _ I ~ I I i p~_277 . MI:IUTES OF THE *4'iRCH 27 , 1978 Pl~tiNING COP^`4ISSION PIEETIVG Page 2 I I POSTPON~MENTS OR NEW AGEVDA ITEIMS Grading Osdinance Per staff request, it was moved by Comm. Gatto, seconded by Co*.nm. Blaine continued to to continue Agenda Item 1~4 - Grading Ordinance, to April 24, 1978. Apri1 24th Motion carried, 4-0 I Mr. Louis Paviso, San .Iuan Road, objected to the continuance of the public hearing on the Grading Ordinance, stating items 1, 2 and 3 are relevant to the Grading Ordinance. It was explained to him that the staff presentation on this ordinance was not prepared as yet and he was assured there would be a public hearing on it when it was ready_ Mr. Paviso asked why the "County People" up on the hill were not made aware of these ordinances. The Planning Director said these general ordinances are noticed in the local . newspapers. Mr. Paviso insisted that the people involved be neard. The Planning Director requested agenda item 7 be heard concurrently with item l. Due to the length of the agenda, the PlanninA Commissioners decided against this, since it would only delay the other items listed before item 7. ~ WRITTEN COMMIJNICATIONS: 9one. i I ORAL CO*1MUNICATIONS: None. ~ I I PUBLIC HEARINGS 1. CITY OF CUPERTINO: Public Hearing to consider a comprehensive ' amendment to the General Fian. First Hearing continued. The Planning Director opened this discussion with the statement that the City Council has decided that Vallco Park shall not be ~ considered for housing. Further, the Council directed the staff and I Planning Co~ission to explora ramifications of a more precise definition of mixed-use areas and possibly increasing density in the Core Area. Chairman Koenitzer said one reason the City Council is interested in getting some specific land use designations is because we are not getting the amalgamation anticinated. The Planning Director said the discussion at this meeting will be on housing and what kinds of programs are available. Then on April 24th ' the staff w~ld come back with a plan that might be acceptable as to ~ low market housing. - - MINUTES OF THE MARCH 27, 1978 PLANNING COTL~SISSI01 ?tE~TI"v'G PC-27i - _ Fa~e 3 Assistant Planner Kramer said the Cupertino Goals Committee~ Report directed an economic mix, There shouid be some control by the City, and some programs financed 'oy the Federal Government or some other agency. Higher density does not necessarily mean lower price, however. ?"s. Rramer' then proceeded to review her Working Paper Po. 4 in regard to Housing Programs, March, 1978. Sue Hastings ouoted ; Palo Alto's 6elow-market approach to the probiem and shz described publicly financed programs available, and v~ethods~; of funding these programs, i I After a brief discussion by the Commissioners, the discus- ~ ~ sion was opened to the public, ~ Mr. Louis Paviso said land is now going for $100,000 per ~ acre. He could not understand how low cost housing could even be considered here. l I Moved by Comm. Gatto, seconded by Comm. Blaine, to continuel GP amendment the Public Hearing on the comprehensive amendment to the I continued General Plan. ~ Motion carried, 4-0 ' 2. CITY OF CUPERTINO: Public Hearing to consider an ordinance regulating hillside residential development i including building setbacks and height, fence locations; permitted uses and vegetation removal. First Hearing ~ continued. ~ The Planning Director referred to the March 23rd second i draft of the Hillside Residential Ordinance. ' I In regard to the section referring to the keeping of animal$, Co~. Blaine said she feels an obligation to allow someone to continue their present life style, but she does not ; feel an obligation to extend this to someone who comes ' after that. She felt there should be a statement on page Si to the effect that after a 6-month lapse of use, the use I is negated. ~ Co~. Blaine said a definition for site development plan ~ is needed. Adjustment of property lines does not mean creating parcels, ' I i i ~ ~ PC-277 i MINUTES OF THE MARCH 27, 1978, PL:~"NING COMN:ISSION MEETI'9G ~ Page 4 i I It was pointed out that mass grading versus customized grading will be covered in the Grading Ordinance. ~ On page 11, Section 9.6, Comm. Blaine feels the parking provision is inadequate. Chairman Koenitzer asked for co~ents from the audience. Mr. Louis Paviso, 22820 County, stated he has 3 acres. His house is on one acre. He has sold one acre to a man with a horse. He was informed that the Slope/Density Formula allows two dwelling units, not thr~e, on his property_ The Assistant Citv Attorney said the application concerning Mr. Paviso's property should be advertised and public hearing held. Mrs.~Nancy Hertert, San Juan Road, said there are tcro ways people can find out what is going on. Every week, if you call 252-4508 you can get the information on what is on the agenda. More people should be informed that the entire packet with background material is in the Library at the Reference Desk. Mrs. Hertert reco~ended small animals be allowed in hillside residential. She recommended a requirement for some type of shelter from the heat for horses. She said deep cutting underminas the pLOperty below; they have first-hand experience in this resoect. Comm. Gatto said generally, this is in a policy document, not an ordinance. He wondered if a person with less than one acre should~ be allowed to strip it of vegetation. Mrs. Hertert said this is contrary to the Goals Comnittee decisions. The staff was instructed to reword portions~~of page 16 in regard to geology and soils report procedure. Co~. Gatto sugge.,..c3 t:a °lanning Director post on the bulletin board the names of properties being considered for development. Comm. Blaine would like all adjacent property owners to be notified when properties are being considered for development. Mrs. Hertert ~ suggested this be done at the time an application is received. She would like the ordinance to include a statement about notifying residents on the street when there is only one access road. Comm. Gatto was afraid that a procedure list was being created here. Co~. Markkula asked about the rights of the property owner? He believes the property owner should be able to bring in his plans and get the opinion of the Planning Director. MI~U7c,S OF _HE MALCH Zi, 1978, PLANNItiG COMMISSION :~ETING i PC-277 _ j Page ~ I Mrs. Hertert would like the requi=ement for evaluation of a development's effect on the property above and the property below it. In the case of development in the hills, attention must be given to the safety of the properties above and below Mr. Paviso said that before the next meeting, everybodv living on the north side of the street (San Juan Foad) should be given a copy so they can come down to City Hall and talk about i[ at the next public hearing. Moved by Co¢~. Blaine, seconded by Comm. Markkula to Hillside Residenti continue to April 24, 1978, the public hearing on the Ord. continued te ordinance regulating hillside residential development. Apri1 24th Motion carried, 4-0 Chairman Koenitzer called a recess at 9:55 PM. The meeting reconvened at 10:10 PM. 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 Assistant City Engineer stated that on page 2 D- Off street parking, it should read 4 not 6 parking spaces. On page 4, in regard to A l, last line, it doas not refer to 10' above the cut because the City has reevaluated this and decided the City should not be responsible for property owners' bank. The City will, however, clean up the street I if the bank washes down onto it. On page 5 it should be 40' I not 50'. i Chairman Koenitzer asked for co~en[s from the audience. ~ Mr. Louis Paviso believes this ordinance should be postponed i one month. Comm. Gatto said he sees no problem with it_ After further discussion, it was moved by Comm. Gatto, Sections of Muni. seconded by Crnmn. Markkula to continue this public hearing Code continued to for one month - to April 24th. April 24th. ~ ?Sotion carried, 4-0 I ~ I I 1 ~ p~-277 :MINUTES OF THE ?SARCH 27, 1978, PLtL'VNING COPL*1lSSI0i1 ^?EETI:dG Page 6 i 4. CITY OF CUPERTINO: Public Hearing to consider amendment of Ordinance 214(a) pertaining to excavatior.s, grading and retaining walls, First Hearing continued. CONTINUED TO APRIL 24th 5. CITY OF CL'PERTINO: Public Hearing to consider an ordir.ance regulating the conversion of multi-family residences to single-owner housing units. First Hearing. Assistant Planner Piasecki presented the first draft of the Condominium Conversion Ordinance, stating the staff anticipates several public hearings on it. There is the need to expand on it. The Assistant Planner said this ordinance does not provide relocation assistance to tenants displaced as a result of this conversion. It does not requira tenant concurrence. It does net require adjacent one-hour fire walls. It does not provide specifically for grounding of electrical wiring but requires adherence to the Building Code. There is no provision to accommodate for increased inumbers of children or pets. There is no provision for condominium conversion tax. The Assistant City Attorney said, in respect to Section 2.2 on page 5, ~ there should be the addition: "fair market price at same terms as offered to the public", Co~. Gatto noted there is no requirement for dual walls. Co~. Markkula said this does not seem practical. He asked if there are any buildings converted to condominiums in Cupertino now. The Planning Director said one example is Casa de Anza on Mary Avenue. omm, Blaine said the City of Davis allowed duplexes to be converted to 2-family homes for prc:-iding some low cost homes. hairman Koenitzer asked for comments from the audience. r. Jim Garver stated he is the owner of a 4-plex in Cupertino. He ' ad a question about Section 3.1. He was assured the City does not lan to consider utilizing this ordinance unless the vacancy factor oes under.5%. There are no new applications for apartment complexes. It was Mr. Garver's contention that under these conditions, we will ever have more than 5% vacancy and it is futile to nroceed with ~this ordinance. He would like the Planning Commission to consider Iexempting duplexes and up to 5-plexes from this 5% vacancy factor to romote home ownership. ; MINUTES OF THE P:ARCA 27, 1918 PLAP;NING C~MMISSION MEETING 1' PC-277 _ Page 7 Co~. Markkula said he would like to study the pros and cons of condominium conversions before making any decisions. Chairman Koenitzer said he basically sees nothing wrong with these conversions, The State requires we make some effort to pr wide for all types of housing, Comm. Blaine said as the cost of single family homes has gone so high, the de~and for rentals has increased. Also, we have made a commitment in our goals to provide all types of hous3ng for different economic levels. She is no[ upse[ with the SY. factor. Comm. Markkula said we have some numbers for vacancy factor but no comparative numbers for the demand for ownership unit Comm. Gatto raised the question of how involved the City wants to be in controlling what kinds of units sell for how much. He would be in favor of letting the marketplace take care of this. Comm. Markkula said if we are going to provide lower cost housing we should build lower cost housing. If we do this, it will change tha character of our community, however. Chairman Koenitzer said the purpose of this ordinance is to I regulate conversions, not mandate them. In our Housin¢ Element of the General Plan is where there should be a state- ment about wheYher.or not there should be a percentage and whether or not the City should be involved in controlling types of housing.~ Then we~shouid have.ordinances implementin these policy statements. The Assistant City Attorney said if you put a policy statemen in the Ger.eral Plan then you must include iriplenentation. Coa~. Blaine said she would like to have a moratorium on this until the entire picture is cleared up. The Planning Director said the deadline is April 21st. If we are going to go in this direction we should take it co the City Council the first meeting in April and ask for a 6-month e~ctension. Moved by Cou~. Gatto, seconded by Co~m¢. Markkula to continue Condo. ord. con[ this public hearing to Apri1 24, 1978. to 9pril 24th 2fotion carried, 4-0 I ~ PG_277 ~ MINUTES OF THE MARCH 27, 1978 PLA.tiNING COMMISSION I~-EETING Page 8 i UNFINISHED BUSINESS: None. NEW BUSINESS 6. Report on the County Board.of Supervisors' 20-acre minimum zoning policy, Assistant Planner Piasecki said the staff will get back with the Planning Co~ission in April or May on this issue. The County may be thinking there is the need for them to change their General Flan. J. Review of Draft Copy of Planning Policy Committee of Master Trails and Pathways Plans~for .Santa Clara County. Trails S Pathways Since there were no comments fzom the Planning Co~ission nor the continued to 4/10 audience, it was moved by Co~. Blaine, seconded by Co~. Gatto, to continue this issue to April 10, 1978. I Motion carried, 4-0 REPORT UF' PLANNING COMMISSION: Nona. REPORT OF PLANNING DIRECTOR The Planning Director said that, based on what is going to be on the April 24th agenda, the Co~ission may want to consider an adjourned meeting as well as the regular meeting that week. Election of Chairman Koenitzer asked that election of officers be placed on the Officers 4/10 April lOth agenda. ' ADJOURNMENT Chairman Koenitzer adjourned this meeting at 11:35 PM. APPROVED: ^ Chairm~n ATTEST: City Clerk