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
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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
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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
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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
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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
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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
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ADJ~URNM~T ~
Chair:nan Koenitzer adjou~ned *.his meeting at Q:15 pu.
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APPROVED: I
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Chairman I
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ATTEST: I
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City lerk