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.
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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.
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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,
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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,
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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,
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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
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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
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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
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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: