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PC 01-11-78 CITY OF CUPERTIMO, STATE OF CALIFORNI? ~-271 10300 Torre Avenue, Cupertino, California 95014 Paae 1 ' Telephone: 252-~505 MIPiUTES OF THE AnJOURNID REGULAR MEETI`dG OF THE PLAiINING COMMISSION HELD ON JANUARY.11, 1978, I~I THE COU?dCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA ' SALUTE ?'0 THE FLAG Chai^man Koenitzer called the meeting to order at ~:32 PM uith the salute to the flaq. ROLL CALL Comm. Presenti Blaine, Markkula, Chairma.n Koenitzer Comm. Absent: Adams, Gatto Staff Presents Assistant Planning Director, Cowan Assistant City Attorney, Kilian Assistant City Engineer, Whitten ORAL COMMUNICATIONS: None ~ WRITTEN COMS7UNICATIONSs A letter from Mr. Jerry Merkelo requestin~ Applications 30-Z-77 and 32-TM-~~ be continued to February 13, 19'J8, So moved by Commissioner Blaine, seconded by Commissioner Markkula, Motion carried 3-0 PUBLIC HEARINGSi 1. Application 3-CDPR3-~~ of MICHAEL G. PTSANO: CONCEPPUAL DEVELOPMENT PLAN to allox construction o£ three (3) dwellina units on approxi.aatPly 1/8 acre. Said pzoper+:v is located adjacent to and easterly of Alpine Drive approxi~n~te2v 300 ft. fYom the intersection nf Foothill Blvd, and ei,,,inP ~•^;.•,P, FZrc+ NP,;~inE~ . The Assi^t.az+ ?~=nnt.ng Direc±c~ ^tatdi the r.urnose of this ~~ib11c hearina u~~ to establlsh dPGign g~~idelines, It was the staff's opin- ion that the new submittal represents a good compromise. Mr. Michael Pisano, 10201 Hillcrest Road, ths aronlicant, stat~ h= - has tried to meet all requirements. He asked th?t ~ondition 16 be deleted however, because he will have to submit his landscapina plans ; PC-2~1 MINUTES OF THE JANUARY 11, 1478 ADJOURNED PLANNING COMMISSION MEETING Fage 2 to H-Control. He answered Commissioner Blaine that he is not a adver~e to landscapin~ his property but he took issue with the xords "dense area of shru5s and or trees Chairman Koenitzer asked for comments ~om the audience. Mr. Paul Hardiman, 1039~ Vista Knoll, said the plan shows the a~nlicant has made a nartial solution to the ~oroblem. He feels strongly the heavy shr~- bery on both sides of the fence should be reauired, He believes that a ' 7 ft, fence should be corstructed along the propert}~ line prior to construc- tion. Ee has a sximming pool and worries about the sa£ety of small children in the nei~hborhood. Mr, David McKell, 1036~ Vista Knoll, said, in regard to the shrubbery, ever,y- body knows there is a difference in erade levels of about 8 ft, and it is very imnortant that screening be nlanted along both sides of the fence. ! Moved by Commissioner Blaine, secor.ded by Commissioner Markkula to close the public heasing since there were no further comments :rom the audience. Motion carried 3-0 Commissioner Blaine does not believe a seEarate fence is necessary, The Assistant City Engineer assured her that if there xere any problems re~arding fence damage or dust the City will look into the problem immediately, As to the dining room window, it xas not fe1t. by the sta£f that this would constit~•'e a substantial privacy intrusion. Moved by Commissioner Blaine, seconded by Commissioner Markkula to aporove Apnlication 3-CDPR3-77 with the 1-14 Standard Conditions and Conditions 15 and ' l~ in the staff report. 3-CDPR3-~7' AYES: Commissioners Blaine, Markku a, Chairman Koenitzer approved NOESs None , ABSENT: Commissioners Adams, Gatto_ Motion carried 3-0 MINUTES ORDER TO H-CONTROL: Moved by Commissioner Blaine, seconded by Commissioner Markkula to call the attention of the H-Control to the need for planting along the easterly prooerty line. Said planting xill be needed to help screen the nroperty in both direc- tions. Motion carried 3-0 It was noted by the staff this application would go to the City Council on Februazy 6 ~ 1978. MINUTES OF TI-~ JANUARY 11, 199$ ADJOURNID PLANNING C041MISSION MEETING PG2~1 Page 3 4. Apalication 29-Z-'77 of CITY GF CUPERTINO: PREZONING of seven existing lots of record from Santa Clara County RHS (Residen- tial Hillside Variable Slope District) corsistine of 1~+,9 acres of which ,6 acres is to be prezoned to R1-20 (20,000 so. ft. minimum lot size~, 3.80 acres is to be prezoned to R1-40 (1 acre minimum lot size), 2,00 acres is to be prezoned to R1-80 (2 acre minimum lot size), 3.26 acres is to be prezoned to R1-120 (3 acres minimum lot size), and 5.30 acres is to be prezoned to R1-200 (5 acres minimum lot size), or whatever zone may be deemed appropriate by the Planning Commission, Said property is located ad,iacent to and xesterly of Regnart Rd, approximately 3,000 ft, southerly of the intersection of Regnart Rd, and Lindy Ln, First Hearing, The view gravh on the screer, delineated the City and County zonin~s. The Assistant Plannin~ Director said this is a staff initiated application. because of the £act the staff has received annexation r=quests and map reauest for the Nellis nroperty, The question at this time is:if the property is annexed what should be the prouer zoning. The prezoning reflects the General Plan, The intent is that grocerties will not be further subdivided. Jo-Ann Gholson, 22125 Regnart Road, was present to protest this proposal, Mr. Ellis Jacobs, 22051 Regnart Road, said he has an existing legal car- port in the County. If he is annexed he ouestions whether he would have a nonconforming carport. He asked if there were some way that carport could be declared allowable since this a prezoning. The Assistant City Attorney ansxered that normally the law does not allow conditions on a zoning, The Oxdinance says if over hal£ of a non-conforming carport is destroyed it cannot be repaired. Dorothy Wright, 22303 Regnart Road, was answered by the Assistant Plan - ning Director that LAF'CO would not hear an anplication for annexation that would create an island. The Assistant City Attorney cla^ified this was not an initiation for annexation; it is a prezoning. The Assistant City Attorney said all of these lots exce~t one could have horses on them. The Assistant City Engineer said there are several areas in the Citv where an entire block is on septic tanks and they are less than 10,000 sq. ft, lots. The Assistant City Attorney noted the proposed ordinance requires new construction of sevtic tanks must meet the City reoulremPnt, Mrs. Jenevieve Ziegler, 22085 Regnart Road, xas concerned that she would lose some of her groperty xith the widening of the road, In regard to the building on the .6 acre she said she had a letter from the City stating she can build on that lot, They have always had horses on their - 1-acre xhere the road xill take this property. PC-271 MINUfES OF THE JANUARY 11, 19~8 ADJOURN~ PLANNING COMMISSION MEETING Page 4 Since there were no further comments from the audience it was moved bv Commissioner Blaine, seconded by Commissioner '~arkkula to close the ~ublic hearing, Motion carried 3-0 Moved by Commissioner P^.arkkula, seco:rled by Commissioner Blaine to recommend to the City Council aaproval o£ Application 29-Z-~~ subject to Exhibit A, AYESs Commissioners Blaine, Markkula, Chairman Koenitzer ~VOES: Yone ABSENT: Commissioners Adams, Gatto Motion carried 3-0 MINiTfE ORDE,4: Moved by Commissioner Markkula, seconded by Commissioner Blaine to recommend to the staff that comparisons be made between County and City ord:.na,nces and that these comparisons be written up and distributed to the City Council, Planning Commissioners, and the residents in Regnart Canyon, Motion carried 3-0 MINUTE ORDERs Moved by Commissioner Blaine, seconded by Commissioner Markkula that the staff call to the attention of the City Council the problems with the proposed sewer ordinance as discussed here this evenin~, And to recommend they take these oroblems into consideration during their deliberations. Motion carried 3-0 This application will be heard by the City Councilon February 6, 19?8. UNFINISHED BUSINESS: None NEW BUSINESS: NONE ' REPORT OF THE PLANNING CON:MISSION~ Commissioner Blaine stated there are going to be some public hearings on j number 208, The proposals are £ar reaching and will change life styles. ~ REPORT OF THE PLANNING DIRECTOR: i The Assistant Planning Director said the County would endorse the Stevens Creek ; Plan Line. i ORAL COMMUNICATIONSs ~ Mrs. Jo-Ann Gholson, asked permission to addresse the percolation tests. She ~ believes this should be done before the roads are put in, The geological tests I i ~ MIVUTES OF ^_'HE JANUARY 11, 1978 ADJOURNID PLANNING COIKMISSION MEETIYC ~ PC-2~1 ~I Pa.ge 5 ~ _ ~ scaz the hillsides. Mr. Merkelo said one rea.son he has asked for continvatinn of his proposal is to comvlete geological and percolation tests. I I ADJ~URNM~T ~ Chair:nan Koenitzer adjou~ned *.his meeting at Q:15 pu. ~ ~ i i i APPROVED: I I ~ I Chairman I ' t ATTEST: I ~ 'a7 City lerk