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PC 02-13-78 . , CITY OE CUPERTINO, STATE OF CALIFORNIA ~~~PC-274 10300 Torre Avenue, Cupertino, CA 95014 ;Page 1 Telephone: 252-4505 ' m.1IN[7TES OF THE REGI7LAR D+FETI\'G OF THE PLAPINIVf; CO?'ASISSION AELD ON FEBRUARY 13, 1978 IN THE COUNCIL CHA1?BER, CITY HALL CUPERTINO, CALIFORNIA I SALUTE TO THE FLAG ~ Chairman Koenitzer called the meeting to order at 7:35 PM with the Pledge of~ Allegiance. ~ ROLL CALL ~ Comm. Present: Adams, Blaine, Gatto, Markkula, Chairman Koenitzer Co~n. Absent: None Staff Present: Assistant Planning Director Cowan i Assistant City Attorney Kilian (8:20 PM) Associate Planner Piasecki - Assistant City Engineer '.dhitten APPROVAL OF MZ*NTES Minutes of January 9, 1978: i Pa e 5 second I g , paragraph, second line: Delete "deepest" and replace with ' "st eepest" . Page 6, third paragraph, line 2: Delete "this" and replace with "Regnart". Page 7, third paragraph from the bottom:. second line should read: "in favor sites spotted off of the ridge with a minimum amount of earth movement required." Page 7, last paragraph, first line: Replace "sign" with "fine"; delete the entire second sentence; and add the follocaing at the end of the paragraph: "His priv~e concern , however was that grading for each homesite be minimizedl and, to prevent erosion, could occur in conjunction with actual construction~ rather than mass rer.ioval of all vegetation and leveling of the site prior to construction." Moved by Comm. Gatto, seconded by Co~¢n. Blaine, to approve the Minutes of 1/9!78 January 9, 1978, as amended. IMinutes approved Motion carried, 5-0 PC-274 ; MINUTES OF THE FEBRUARY 13, 1978, PLr1PINIVG CO;~TISSION :~ETING Page 2 ' I i , Minutes of Sanuary 11, 1978: I 1/11/78 ! Moved by Comm. Elaine, seconded by Comm- Markkula to approve the Minutes of Minutes I January 11, 1978, as record~d. approved i Motion carried, 3-0 i Comm, Adams and Gatto abstained. I Minutes of January 23, 1978 ! Page 2, last paragraph: Delete sentenc~ 4, starting with: "It has been ~ determined . . . .will be residential." Page 5, paragraph 4, line 2, add: "more than 10' setback from the road on" I after: "She would like to see", 1/23/78 !:Ioved by Comm. Gatto, seconded by Comm. Blaine, to approve the Minutes of Minutes I January 23, 197g~ as amended, approved ~ i ~ Motion carried, 5-0 i POSTPONE:~NTS 30-Z-77 and Upon reauest of the applicants, it was moved by Comm. Blaine, seconded by 32-TM-77 Comm. Gatto to continue applications 30-Z-77 and 32-TM-77 (klerkelo and cont'd for I McGuire) for two months to allow time to complete soils tests. 2 months Motion carried, 5-0 Upon request of the staff, agenda items 4(Hillside Subdivisions regulation) ~ and 5(Excavations, grading and retaining walls regulation), were continued by Comm. Gatto, seconded by Comm. Adams. ~ Motion carried, 5-Q , LIRITTEN COriMUNICATIONS: None. ORAL COMMITNICATIONS Mr, Louis Paviso, 22820 San Juan Road, asked how long items 4 and 5 were going to be postponed. The Assistant Planning Director said they were continued to the ne~ct meeting. Mr, Paviso then said h~ would like then to I be postponed for 2 months because he was going away, and he wanted to be present for those two public hearings, I i i ~ , MILNTES OF THE FEBRUARY 13, 1978 PLANNING COMSSISSION MEETING PC-274 , Pa~e 3 Comm, Blaine suggested Mr, Paviso put his concerns in writing and they I, will be considered during the public hearing. ~ Th~ Assistant Planning Director stated it would most likely be well intol April before these ordinances come before the City Council and Mr. Pavisq could make his statements to [he City Council. CONTINUED PUBLIC HEARITiGS: 1. Application 28-Z-77 of SALEEM SHAIKH: PREZONING one lot consisting of approximately 1/4 acre from Santa Clara County R1-10 (Residentia single-family, 10,000 sq, ft. per dwelling unit) to City of Cupertino R1-10 (Residential, single-family, 10,000 sq, ft. per I dwelling unit) or whatever zone may be deemed aporopriate by the I °lanning Coc~ission. Said property is located at the northerly terminus of Rivi~ra Road_ First Hearing continued. Since the applicant was not yet present, it was moved.by Co~. Rlaine, 28-Z-77 seconded by Comm. Adams to postpone 28-Z-77 to the end of the agenda. continued to end of agenda Motion carried, 5-0 2. Applications 30-Z-77 and 32-TM-77 already continued to April 10th. 3. CITY OF CUPERTINO: Public Hearing to consider an ordinance regulating hillside residential development including building setbacks and height, fence locations, permitted uses and vegetation removal. First Hearing continued. . • The Assistant Planning Director stated the revised draft of this ordinanc has been revised, pending input from the County Health Department and Soil Conservation District. He then relayed to the Planning Commission some of the problems related to the keeping of horses in the hillsides and asked for a consensus of opinion from them, Things to consider are slope, steepness, vegetation, soil type, level of cleanliness and the management sliill of the person keeping the horses. The City N?anager has reco~ended strongly that the Use Permit approach not be implemented. The City reco~ends a horse permit procedure rather than the public hearings involved in the use permit procedure. The Assistant Planning Director cited the City of Saratoga allows one horse per acre and Los Gatos allows two. At this point, the staff recommended a simple statement such as: "One horse peraitted per acre in Hillside Residential zone", He next reviewed the three statements relating to ~ horses in the February 13th staff report. ?C-274 MI:NTES OF THE FEBRUARY 13, 1978 PLANNING COM.PIISSION MEETING ?age 4 ~ i The health related aspects were contained in the third statement of the staff report. The Health Department wants 150 feet from a neighboring residence I and at least 30 feet from the owner's residence, I Further, staff recommended some type of grandfather clause to allow those people who already have horses to continue as long as the area is kept ~ clean• There will be a horse trail along Regnart Road. Chairman Koenitzer asked what would happen if a horse-owner had 2.75 acres. The Assistant Planning Director said the "round-up" approach could ba used if the owner want~d to have 3 horses, or perhaps he could have two~hors~s and three quarter horses, The Commission was not in favor of a"round-up". ~ i Comm. Blaine was concerned about the maintenance of the horses, C1ean-up i and drainage of the area is important. You can picl<. up the manure, but it is also very important that a build-up of urine in the mud or dirt not be ~ allowed because this draws flies and it was also her understanding this is I not good for the horses' hooves, She said it is not necessarily the number ~ of horses, but the maintenance of them. The Assistant Planning Director said j the proposed ordinance will address this problem. However, it is very ~difficult to assess smell and number of flies. He agreed that drainage would ~ be a very good factor to address. ~ It was determined that, in the case where there are already horses on smaller ~than one-acre lots, that they would be considered nonconforiaing uses. ~ i i Comm. Blaine felt other types of animals should be addressed in this ~ ordinance, also; e.g., 4-H proj~cts such as sheep, goats, etc. ~Mr. Louis Paviso said he would like his comments r~corded. He would like all j the people who own horses to be notified to come down to City Hall if they i have something to say about this ordinance. He said he has two horses on his property, He said he is getting tir~d of five people sitting up there, shoving things down his throat, I Dorothy T,~right, 22303 Regnart Road, acknowledged that Comn. Markkula had Ibrought up an interesting point: If a homesite is one 2 acres and there is ~ ~ 1 acre held in common with other homesites, is this homeowner allowed 2 or I 3 horses? Comm. Blaine said if an area is going to be used by the horse it ~ should not be counted as common ar~a. Comm. Gatto said he could foresee a I situation where the owners all agreed to keep their horses together in a ~ common area situated in the center, with all the homesites around this area. i It should be studied on a case-by-case basis, ~ Dick Childress, 22025 Regnart Road, said the purpose here is to provide horses ,~for a family.~ The ordinance should guard against making this a commercial I enterprise. He suggested allowing three horses per section. i i Mr. Paviso asked what would happen if a mare has a foal? It would seem the grandfather clause would not cover this situation. i MI:V[ITES OF THE FEBRUARY 13, 1978 PLANNING COMMISSION MEETING PC-274 ,Page 5 Moved by Comm. Gatto, seconded by Coimn, Blaine, to continue this public ';Hillside hearing until March 27, 1978, ~Ordinance 'continued to Motion carried, 5-0 ~~3/27/7g PUBLIC HEARINGS II 4. CITY OF CUPF.RTINO; Public Hearing to amend Sections 18.16.260 I through 18.16,310 of the Municipal Code relating to the regulation of Hillside Subdivisions. CONTINUED. I 5. CITY OF CUPERTINO: Public Hearing to consider amendments of Ordinance 214(a) pertaining to excavations, grading and retaining walls. i CONTINUED. 6, Application 1-Z-78 of CITY OF CUPERTZNO: REZONING 0.37 acre from ~ R3 (R~sidential, multiple) to P(Planned Development with Commercial Use Intent) or whatever zone may be deemed appropriate by the Planning Comnission. Said property is located easterly of and adjacent to North De Anza B1vd., approximately 100 feet i southerly of the future intersection of Lazaneo Drive and North i De Anza Blvd. First Hearing. ~ The Associate Planner further identified this property as the site I containing the e~cisting Paviso Garage. This was a City-initiated proposal - conceptual in nature - to guide any future redevelopment of I this site and to bring the entire area into conformity with the General i Plan. The conceptual Planned Development proposal was placed on the bulletin i board. It showed a 36' setback along De Anza B1vd. It proposed that the parking be in the rear, Suggested conditions of anproval are contained in Exhibit A of the Febiuary 10, 1978 staff report with the addition of the phrase "subject to Use Permit approval" added to the first line ~ of Condition 112, after the word "shall". I Comm. Gatto asked why no access to De Anza Blvd. was indicated. The i Associate Planner stated this was consistent with the policy along the i East side of De Anza Blvd. Access is gained from th~ street perpendicula~ to De Anza B1vd. However, a one-way drive or two-way drive could be considered here. i a ~ i ?C-274 ~ MINUTES OF THE FEBRUARY 13, 1978 PLAPINING COMMISSION MEETING ?age 6 ; Comm. Markkula asked if the future design of the building would be limited ; by the building envelope indicated on the drawing. Ldhat would hanpen if the applicant elected to turn the building 90° and put the parkino between the two lots? The Associate Planner said that if there were substantial changes it would have to come in for public hearing. ; Chairman Koenitzer asked for comments from the audience. ; Mr.D~:.Muhlfelder, 1995 Laver Court~, Los Altos, stated he is with the Dempster i Office. He recommended the parties concerned be allowed time to talk about ~ this and, on this basis, he asked for a two months' continuance. 1-Z-78 i Moved by Comm. Slaine, seconded by Comm. Gatto, to continue application continued to~ 1-Z-78 to April 10, 1978. +/10/78 ' Mr. Paviso wanted to say that this is his property and he is operating a ' business on it right now. He is not asking for an~thing. He asked about whether ~ ; the Catholic Church gave anything. ^1r. Paviso said he has a nonconforminq use ' and it wi11 remain as long as he wants it to stay that way. ! Chairman Koenitzer pointed out that although there is presently a nonconforming use on this property, it is zoned R3 residential right now. In the event i Mr, Paviso were to decide to po out of business and sell this land, this conc~ptual plan would indicate to the new owner what the City has in mind for this property. i'.~1r. Paviso asked how come he was not giv~n a copy of the staff report? ~ It was e.~cplained that the staff report was not completed until late the previous Friday night and there just wasn't time to get one out to him. , Motion carried, 5-0 , UNFINISHED BUSINESS 7. Request for Interpretation of Traffic Int~nsity Performance Standard to Temporary Outdoor Seating for Restaurant Facility. The Associate Planner reviewed the February 10, 1978 staff report on this matter. The applicant feels that since the outdoor eating area is only used seasonally it should not be counted in the trip end calculat-ion. ! The staff agreed, and recommended adoption of Attachment A to the proposed ! Resolution. ~!~Chairman Koenitzer said he would like to have something in the Resolution requiring reassessment of the Planning Commission`s position on this at some future date. The Associate Planner noted this is merely a policy i statement, not an ordinance. Comm. Markkula cautioned that it could be : setting a preced~nt. ; iI I ~ !KINUTES OF THE FEBRUARY 13, 1978 PLANNING COMMISSION MEETIVG I PC-274 ! Page 7 . ' After further discussion, it was moved by Comm. Gatto, seconded by I'~Amend. to Res. Couun. Blaine to approve the Resolution amendments as submitt~d by ~approved. the staff. I I Motion carried, 5-Q 8. Applications 21-Z-77 and 25-TM-77 of ALMADIN VALLEY ENGINEERS (PETER GWOZDZ): Referred by to Planning Coffirtission for further review. i ~ Comm. Marlckula abstained from this discussion. The Assistant Planning Director stated the City Council had some question as to the rationale for Planning Co~ission denial of this application. ~H~ reviewed the drawings on the bulletin board. The drain fields are not proposed to be changed. There will be a minor change on Lot 112. The grade would be increased from 20 to 24% to reduce the cuf and fill, The Assistant Planning Director said he was awaiting input from the Fire Marshal. The fire trucks would be able to get up the road, but at 24% grade it would be slower. This ^ could be critical in the cas~ of an emergency. 2he biggest change I proposed would be in the northerly portian of the property. One lot I would be deleted. The Assistant Planning Director reviewed the conditions oi approval I attached to the February 10, 1978 staff report. He said the City Geologist has reviewed the latest amendments to the plan and had no objections. Dr. Peter Gwozdz, Auburn Drive, Cupertino, said he was available to answer any questions regarding this amended plan. His Engineer was also present to field any qu~stions. Although this was not a public hearing, Chairman Koenitzer asked for co~ents from the audience. Dorothy Wright was answer~d by the Assistant Planning Director that the residual land would be absorbed by the other lots. Moved by Comm. Gatto, seconded by Comm. Blaine to adopt the Resolution Resolution r~commending approval of the proposed rezoning, adopted AYES: Co~. Adams, Blaine, Gatto, Chairman Koenitzer NOES: None ABSTAINID: Comm. Markkula - Motion carried, 4-0-1 i PC-274 ; MINUTES OF THE FEBRUARY 13, 1978 PLANNING CONTSISSION MEETING Page 8 ~ i 25-TM-77 ~~Ioved by Comm, Blaine, seconded by Comm, Gatto to approve application approved 25-T*1-77 with the standard conditions and conditions 15 through 24 in the ; staff report and adding condition 25: The Tentative Map is further ! conditioned that the approval of the Central Fire District reg~rding ~ Lot 2 will be necessary. i i AYES: Cotmn, Adams, Blaine, Gatto, Chairman Koenitzer i NOES: None i ABSTAINED: Comm. Markkula ~ P?otion carried, 4-0-1 i i ~ It was announced this would go to the City Council February 21, 1978. i I i Although the applicant was not present, it was decided Item 1 would be ; discussed anyway, i ~ Mrs. Dorothy Wright suggested the Mayor and the Chairmen of the meetings i announce from time to time that the Library always has a comolete package ~ of staff reports for the peopl~ to read. i i 1. Application 28-Z-77 of SALEEM SHAIKH: PREZONING one lot consisting of I approximately 1/4 acre from Santa Clara County R1-10 (Residential, i single-family, 10,000 sq. ft. per dwelling unit) to City of Cupertino ~ R1-10 (Residential, single-family, 10,000 sq. ft. per dcaelling unit) i or whatever zone may be deemed appropriate by the Planning Commission. i Said property is located at th~ northerly terminus of Riviera Road. First Hearing continued. I i I Riviera is presently a"paper street'". The Associate Planner said this i application does not det~rmine whether or not this road goes cnmpletely ~ through. ~ Chairman Koenitzer is concerned that we do not end up with some landlocked lots. The Associate Planner said there were discussions about this cas~ with the City Attorney. The City Attorney do~s not feel this applicant I has the responsibility of providing access to the property to the north. i The staff feels this application has no impact on the property to the north. ~ The Assistant City Engineer confirmed tha[ Riviera Road is not a public ~ street and ownership is unknown, This is very similar to some of the paper ~ stre~ts in Inspiration Heights. He does not believe the topography was ~ considered when this street was laid out. The City Attorney took the position ~ that it is the responsibility of the property owner, not the City, to prove ~ they have access to a public street. i i i MIWTES OF THE FEBRUARY 13, 1978 PLAAINING COMMISSION MEETI?VG PC-274 ' Page 9 Since there were no comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Blaine to close the Public Hearing. Motion carried, 5-0 ' Moved by Cou~. Gatto, seconded by Comm. Blaine, to reco~end to the 28-Z-77 City Council approval of application 28-Z-77. :approved AYES: Comm. Adams, Blaine, Gatto, 'r*arkkula, Chairman Koenitzer ' NOES: None ~ Motion carried, 5-0 It was noted this would go to the City Council March 6, 1978. Chairman Koenitzer called a recess at 9:30 P4i. The meeting reconvened at 9:40 PM. ~ :~EW BUSINESS: ! 9. Review of Capital Improvement Program. It was noted the City Council has already reviewed the program and made all its desired changes. The Planning Commission was asked to review the Program as to its consistency with the General Plan. Chairman Koenitzer said public access is needed to Varian Park from Stevens Creek Blvd, through Crescent Drive. Chairman Koenitzer observed that the way it is written, it sounds like the Stevens Creek Blvd, widening effort will take place some day. Actually, the decision was made that in the future, this widening will Ue reviewed again. Chairman Koenitzer was in favor of the interconnect system, but had some questions about it, There is no discussion about the road improvements to go along with the installation of the traffic light I at Orange Avenue and Mann Drive in 1981-82. The traffic signal at Phar Lap Drive should be removed from this Capital Improvement Program. ?SINUTE ORDER: By Coffin.Blaine seconded by Comm. Gatto to inform the Capital Improve City Council that the Planning Commission has reviewed the Five Year Plan consistent Capital Improvement Program and finds it consistent with the General with Gen. Plan. Plaa with the exception of the traffic siqnal at Phar Lap Drive and Stevens Creek Blvd, proposed plan 1ine. Motion carried, 5-0 PC-274 MINUTES OF THE FEBRUARY 13, 1978 PLAIdNING COMA4ISSION MEETING Page 10 10. Extension of Tentative Map - application 4-TM-75 - Lamont Williams, ~The Assistant Planning Director reviewed the factors brought out in ~the February 10, 1978 staff report on this matter. He said the auestion 'before [he Planning Commission is to determine if the applicant has ~been diligent in his efforts for recordation of the tentative map. !The applicant has maintained that he is attempting to work out a joint development of the area with adjoining properties. By law, ithe applicant is allowed one more year of continuance for a total ~of 3 years 6 months. i Mr, Dick Childress, 22025 Regnart Road, said he represented the applicant ~in this case. ?ir. Williams has sold this property along with the ;tentative map. The new owners have given Mr. Childr~ss authority to ;design a new plan for the Lamont WilliavRS and the Dorothy Williams properties. iP4r. Childress feels strongly that the tentative map is not the ideal way ;to develop this area. He would like some time to explore other accesses. jHe said he has every reason to believe he can work out a bettar plan. iHowever, the new owner believes he has an economic edge with this tentative i map. ~ IChairman Koenitzer asked for comments from the audience. There were none. I iComm. Blaine said the thing that bothers her about another extension ~is that it must be decided there has been "diligence" in developing this jtentative map, and what she was hearing was that ther~ has been diligence ~in pursuing another tentative map. i ~The Assistant City Engine~r said this map could not be recorded because Ithe annexation has not been completed. I ~Com~. Blaine would lik~ the applicant to continue working on the icirculation system and come in with a new tentative map. Mr. Childress said the principals feel they now have developable property. If the tentative map is taken away this could all be jeopardized. The Assistant ICity Engineer answered Comm. Blaine that normal processing of a tentative ~map takes 2 to 3 weeks, Moved by Coa¢n. Blaine, seconded by Chairman Koenitzer (in order to get a Ivote) to deny extension of application 4-TM-75. ~Comm. Gatto said he believed the extension should be allowed in order to ;bring this thing to a head. He would be willing to extend for 6 months. j Comm. Adams agreed. !The motion and its second were withdrawn. ~Moved by Comm. Blaine to extend the 4-T:~?-75 for one month. Motion died jfor lack of a second. . ~ MIWTES OF THE FEBRUARY 13, 1978 PLANNING COM.MISSION MEETING PC-274 ~ 'Page 11 Moved by Couun. Gatto, seconded by Comm, Adams to grant an extension of 4-Tt?-75 application 4-TM-75 for si~c months. extended 6 months AYES: Comm. Adams, Gatto, Markkula, Chairman Koenitzer NOES: Comm. Blaine ~ Motion carried, 4-1 REPORT OF PLANNING COMMISSION Chairman Koenitzer r~ported on the Mayor's Luncheon the previous Thursday. He said that at the National League of Cities meeting recently it was brought out that the CUPERTINO SCENE was a very good way of keeping the public informed. Comm. Adams suggested a note be put in CUPERTIIVO SCENE about the staff's complete packages for the agenda at the library. REPORT OF PLANDiING DIRECTOR: None ADJOUR'VMENT Chairman Koenitzer adjourned this meeting at 10:32 PM. APPROVED: airman ATTEST: City Cler