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PC 11-28-77 CIr~ OF CüFSRTI~O, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE P~1NING CO~~ISSION HELD ON NOVE:1BEl1 28, 1977 IN THE COœ¡CIL CHA~.BER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG The meet1!11!' was called to order at 7137 PM by Chairman Koenitzer with the Pledge of Allegiance. ROLL CALL Comm. present. Adams, Blaine, Gatto, Markkula, Chairman Koenitzer Comm. absent, None Staff presentl Director of Planning and Development, Sisk Assistant Planning Director, Cowan Assistant City En~neer, Whitten Assistant Planner, Piasecki APPROVAL OF MINlTrESI None POSTPONEMENTS OR NEW AGENDA ITEMSI None WRITTEN COMMUNICATIONS A letter from Mr. Louis Stocklmeir regarding Agenda Item 1. ORAL COMMUNICATIONS. None CONTINUED PUBLIC HEARINGS 1 1. CITY OF CUPERTINO. Public Hearing to consider a specific general plan for the area bounded by Freeway Route 85 on the aast and Byrne Avenue on the west and consideration of a street ulan line for Stevens Creek Boulevard between Free- way 85 ~nd Ridgeway Drive (entrance into De Anza Oaks residential development). First Hearing continued. Chairman Koenitzer stated the public hearing on this Item was closed at the time this Item was last heard. The Assistant City Engineer said a.t Vallco Park we have had a simi- lar situation to Mr, Stocklmeir's problem where hea.vv farm equipment has crossed the road. PC-z68 Page 1 pC-268 Page 2 MINUTES OF NOVEMBER 28, 1977 PLANNING CO~~ISSION MEETING Commissioner Gatto stated, the staff has done an excellent job in picking up all the comments from the last public hearing. Commissioner Adams concurred, There followed some minor modifications to the document. The Assistant Planning Director asked the Planning Commission to reaffirm their stand on whether or not they would like to see a landscape median through downtown Monta Vista, or if they would prefer to see a painted median. Commissioner Gatto said the landscape median is an ultimate goal--one of the last things to be put in. He would prefer to go with the painted left turn pocket for the present. The Assistant City Engineer said, that normally the Public Safety Commission mades recommendations about bicycle lanes. This was in regard to Item 4b on page IO, of the document. It was noted Figure A-l should be updated to reflect the closing of Scenic Boulevard and Old Cupertino Road. After further deliberation it was moved by Commissioner Blaine, seco~ded by Commissioner Gatto to forward the Action Plan to the Santa Clara County Planning C01!L'!!ission. Motion c~t~d 5-0 l1r. '!=tton, said the County is tentatively going to hear this on January 5, 1978. The Planning Commission will decide at their first meeting in December, who will represent them at this County meeting. 2. CITY OF CUPERTINO. Public Hearins; to consider an ordinance regulatin£ hillside residential development including bUilding setbacks and height, fence locations, permitted uses and vegetation removal. First Hearing continued. There followed a len~hy discussion of procedure. The staff was recommend- ing H-Control not review individual plans. Commissioner Gatto acknowledged it would be difficult to put together an ordinance such as this. Commissioner Blaine would like some data on the safety on pole construction homes in the hills, The Planning Commission consensus was for staff review of Item 1 in the October 2l, 1977 staff memo. There were no comments on Item 2 in the said memo, Item)1 Commissioner Gatto believes the hillsides are a lot more sensitive than the core area, so far as density transfer in concerned. ~"- "- Commissioner Blaine was not in favor of exceeding the maximum of the slope density with the aid of density transfer. Commissioner Gatto said the key to the situation is where density transfer is being proposed the entire property effected would come to the City at the same time. Commissioner Markkula believes we would be defeating our own objectives with the slope density formula. In regard to Item 4, Commissioner Blaine addressed large paved areas such as large parking lots, tennis courts, etc, She is not again~t three-story homes stepping up the hillside. Chairman Koenitzer said he sees a need for side yard setbacks, He was concerned about the keeping of large animals on hillside property in situations where there is very little level land. The Director of Planning and Development suggested this might require use permit approval. MINUTES OF NOVEMBER 28, 1977 PLU~TI{G COMMISSION MEETING Commissioner Markkula said, there are circumstances where you mi~ht want to put a structure along the lot line where the structures on adjoining property are far enough away. He suggested setting a distance between structures rather than setbacks from property lines. He reaffirmed the Planning Commission's thinking a.bout fences around home sites rather than entire property line. Mr. John Claudy, speaking as a citizen and c=ent chairman of H-Control, stated that "H-Control has in the past reviewed certain aspects on hillside development, such as grading, fencing and visual intrusion. He feels grading needs more staff review beca.use quite often the Committee and Commission members do not have the expertise needed. As to the fencing,issue 6-foot boaI:ù fences in the hillsides could become real problems. Visual intrusion is a thorny issue. H-Control would like to be consulted by the staff before they are given or released from some duties. Mr. Larry l1erkelo, llll9 Sutherland, Cupertino, wanted to address the density transfer concept. He agreed it should be done all at one time. He is in favor of density transfer, instead of extensive grading, in the name of ecology. Larger developers in the hills have more leeway, Mrs. Joann Gholson, 22125 Regnart Road, Cupertino, -orotested the clearing of the Nellis property. She urged wdting for the results of the EIR before allowing development of Regnart Canyon. The roundoffs, density transfers, and clearing of the vegetation and removal of brush are destroying the canyon. Since there were no further comments from the audience, it was moved by Commissioner Adams, seconded by Commissioner Blaine to continue this public hearing to January 2J, 1978. Motion carried 5-0 Chairman Koenitzer called a recess at 9:15 PM. The meeting reconvened at 9.)0 PM. J. CITY OF CUPERTINO. Public Hearing to consider an amendment to Ordinance 686, Fence Ordinance, extablishing new regula- tions affecting fence setback lines on street sides of corner residential lots. First Hearing continued. The Director of Planning and Development reviewed details of the August 18, 1977 staff report. Exhibit A was displayed on the screen. Commissioner Blaine called attention to the Sheriff's statement that fences make a good place for concealment, She commented this long narrow area would be ideal as a dog run and would take care of this problem, pC-268 Page J pC-268 Page 4 MINUTES OF NOVEMBER 28, 1977 PLk~NING COMMISSION MEETING Chairman Koenitzer does not see the need to change the Fence Ordinance. i However, he wanted to add, the fences can extend no closer to the front I than the corner of the structure nearest the fence, I I , I ! , i , , Mr. Don Van Buren, 10208 Cass Place, said the way it is currently written it does not address monolithic sidewalks, He believes this makes a difference. He suggested the Planning Commission review putting a fence a certain distance from the sidewalk or if one does not exist, putting it a certain distance from the curb. H-Control Chairman, Claudy, said this is a step in a direction of making this like the midieval walled city. Mr. Joe Shepela, 22054 Baxley Court, asked about cul-de-sacs with property and land becoming so scarce people are utilizing every square foot avail- able to them. He was 1n favor of extending the side yard setback to 5-feet. Perhaps a landscaping plan should be required along with the approval. This would help to avoid it being used as a catch all. Since there were no further comments from the audience, it was moved by Commissioner Blaine, seconded by Commissioner Gatto to close the public hearing. Motion carried 5-0 Commissioner Blaine was in favor of allowing the homeowner to utilize as much of his property as possible, The fence should be allowed within 6-feet of the building. Moved by Commissioner Gatto, seconded by Commissioner Adams, to recommend to the City Council that the Fence Ordinance should not be amended at this time, Motion carried 4-1 Commissioner Blaine dissented. It was noted that this would go to the City Council December 19, 1977, " 4. Application 24-Z-77 of CITY OF CUPERTINO (TOWN CENTER) : REZONn:G approximately 50 acres from an existing Planning Development zone to a revised Planned Development zone which is consistent with the General Plan. Said Planned Development zoning area ma.y include a mixture of land use types including commercial and residential. Said property is generally located within the southeast quadrant of the intersection of Stevens Creek Boulevard and De Anza Boulevard. Rodr1~es Avenue is on the southerly boundary of the zoning boundary. First Hearing continued. At this point the meeting was transferred to the Conference Room where the Assistant Planner showed examples of a series of exhibits and colored slides.Fe stated that in 1963 and 1970, Town Center plans were reviewed, We are tryin~ MINUTES OF NOVEMBER 28, 1977 PLANNING COMMISSION MEETING pC-268 Page 5 .' to tie down a 50-acre piece of property that will serve the Community in 50 years. The market place limits some of the previous determinations After reviewing the "village concept" and "town and country concept" I the Assistant Planner summarized the objectives as the staff now sees theml 1. An integrated center. 2. Taking advantage of many markets within the community. 3. Circulation pattern fulfilling Cupertino's plan. 4. The development realizes 20% housing levels. 5. We should have a variety of land uses on both sides of Torre Avenue. The Assistant Planner reviewed the design objectives. 1. A distinctive foca.l ."oint. 2. Building forms may be low level with underground -park- ing, building design should complement the City Hall design, 3. Inte- grat<>d a~ much as 1'O",sible. 4, Encourage public and 'l,sasi-,.,,,bH,, u!!es. The Assistant Planner stated the eco~omic consultant has said they are lookirur at 250,000 sq. ft. of commercial, 80,000 sq. ft. of office s-pace, '!.nd 25,000 sq, ft. of restaurant space. Each person supports about 10 sq, ft, Chairman Koenitzer was concerned about the proliferation of specialty shops in this area. He said some of the shops draw from a larger area an are almost regiona.l in nature. He sees no problem in absorbing about 500 medium priced apartments here, Commissioner Blaine asked if thought had been given to uses that we do not presently have in this area.. Commissioner Gatto suggested discussing the form and nature of the Policy statements, He noted that Policy I on page one, states the Town Center would be self supporting. Commissioner Adams agreed for the most part with the consultants report. Commissioner Elaine called attention to the lack of housing in the area. And also to some of the shopping centers with small businesses that just can not make a go of it. Mr. Ed Cali, local property owner, noted how important it is to have one good anchor te~Ant. Discussion followed. It was noted that Vallco Fashion Park is regional for everybody else, but to the people in Cupertino it is cOImnunity. Whatever commercial we allow in the Town Center will compete with it. Commissioner Elaine noted high inccme people tend to ~o to certain places to shop. They go to boutiques for the atmosphere including lunch with a friend and browse. If the Town Center is to have commercial it should have a theme. A major tenant will bring people in, Commissioner Adams would like to consider containing these stores under more than one roof so it doesn't look so mPssive. Mr. Fleishman, the consultant, said the retail would probably not be interested in puttinH pc-268 Page 6 MINUTES OF NOVEMBER 28, 1977 PLANNING COMMISSION MEEI'ING residential upstairs over the commercial. But offices over the commercial would be okay. Mr. Bill Benson, 1)044 Cumberland, Saratoga, representing Koll Company, said with respect to putting residential over the commercial, he looks at it from a quality of life point of view. The resident won't want to be there. He said there is no problem integrating restaurants, theaters and offices into this type of commercial. After further deliberation the staff was instructed to speak with the Police Department regarding these mixes of uses. It was noted there are residential developers and there are industrial/commercial developers. The question was posed who would be the developer in a commercial/ residential venture? Commissioner Markkula asked if we want to have a Town Center here, or just another shopping center. Commissioner Gatto expla.1ned the economic incentives that mUst be considered. Mr. Cali cautioned that when you start mixing the uses you get problems servicing them. Dorothy Wright, said she had been thinking about what Cupertino really needs, and she feels there is a need for a very nice low-rise garden hotel. There is a need for the types of uses Cupertino does not presently have. Dr. Joe Brown, said it looks like there are enough road blocks to not make this thing go, The good old profit motive would dispense with alot of Committee meetings. CommissJoner Markkula suggested that Cu~ertino Scene be used to get the citizen's opinion of what a Town Center should be. Moved by Commissioner Adams, seconded by Commissioner Blaine to continue the public hearing of 24-Z-77 to December 1), 1977. Motion carried 5-0 It was decided that on December 12, 1977 at 7,)0 PM there would be a regular Planning Commission meeting, and on December 1), 1977 at 7.,0 PM there would be a joint City Council/Planning Commission meeting. Moved by Commissioner Gatto, seconded by Commissioner Adams there would be no Planning Commission meeting on December 27, 1977. Motion carried 5-0 UNFINISHED BUSINESS, None NE'i BUSINESS I 5. Discussion of Hillside Slope-Density Formula Methodology The Assistant Planning Director reviewed the details of the Nove~ber 2), 1977 staff report. He noted that we have gotten ourselves into somewhat of a MINUTES OF NOVEY.BER 28. 19Tì J'LAì;NINC COMJl.ISSION MOOING pc-z68 Page 7 problem because the slope-density formula is so complex. number of variables and margin for error. There are a Mr. Merkelo, proposed the City change to the cell approach. The staff reco~ends the current method be roajntained. The ~uestion is whether the mechanics used should be F.odified. The staff does recommend how- ever, the density transfer and roundup concept be maintained. Moved by Commissioner Gatto, seconded by Commissioner Adams to keep the methodology as it pre~ently exists. The Planning Commission understands that by rotating the cells some densities on some particular parcels might be increased. However, this is not the intent of the formula. The intent is to provide equal treat ment of all parcels. Motion carried 5-0 REPORT OF THE Ph4NNING COMMISSIONs None REPORT OF THE PLANNING DIRECTOR, None ADJOURNMENT Chairman Koenitzer adjourned this meeting at 12:08 AM. APPROVED: g~~ ATTEST: