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PC 04-25-77 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue~ Cupertino, CA 95014 Telephone: 252-4505 PC-252 Page 1 MINUTES OF THE REGULAR MEEIlNG OF THE PLANNL.1G COMMISSION HELD ON APRIL 25, 1977, IN THE COUNCIL C!L!\MBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Adams called the meeting to order at 7:40 PM with the Salute to the Flag. ELECTION OF CHAIRMAN A..'ID VICE CHAIRMAN Moved by Comm. Blaine, seconded by Comm. Markkula to postpone the elections until the end of the meeting, since not all Members were present at this time. Motion car~ied, 4-0 ROLL CALL Comm. present: Blaine, Gatto (7:50), Koenitzer, Markkula, Chairman Adams Connn. absent: None Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian APPROVAL OF MINUTES Minutes of Regular Meeting of March 28, 1977: Page 2, paragraph 6, line 3: Put a period after the word "hillsides" and strike the remainder of the sentence. In the next sentence, strike the word "or" after "1/4 acre". The last sentence in that paragraph should read: '~here is a proposed change in the charges that . . . . District." Page 4, paragraph 2, line 3, after "current policy." add: "Mr. Starr said they will continue to approve septic tanks in the same manner as they are do ing now." '- PC-252 Page 2 3/28/77 Minutes approved 4/11/77 Minutes approved Seismic/Safety Element cont'd for 1 month MINUTES OF THE APRIL 25, 1977 PLANNING COMMISSION MEETING Moved by Comm. Koenitzer, seconded by Comm. Blaine, to approve the' Minutes of March 28, 1977. Motion carried, 4-0 Minutes of Regular Meeting of April ll, 1977: Page 13, just prior to item 9, last line should read: "windows on adjacent building." instead of "windows next door". Add to the end of the paragraph: '~he applicant was requested to provide a complete report on the site survey work including readings taken at all the locations tested. Page 13, 4th paragraph from the bottom, line I, replace "Valley Church" with ''Valley Christian Schools". Moved by Comm. Blaine, seconded by Comm. Koenitzer, to approve the Minutes of April 11,1977, as amended. Motion carried, 4-0 POSTPONEMENTS: Upon request of the staff, it was moved by Comm. Koenitzer, seconded by Comm. Markkula to continue for one month the public hearing on the Seismic/Safety Element. Motion carried, 4-0 WRITTEN COMMUNICATIONS The Assistant Planning Director stated correspondence had been received fram Messrs. Childress and Jacobs in regard to Agenda Item 1. ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: 1. CITY OF CUPERTINO: Public Hearing to consider an amendment to the Land Use Element of the General Plan regarding the installation of sanitary sewer improvements and/or other ~provements in the hill- side areas regulated by a slope/density formula. MINUTES OF THE APRIL 25, 1977 PL&~NING COMMISSION MEEGING PC-252 Page 3 The Assistant Planning Director summarized the April 22, 1977 staff memo regarding this item. Because of the pattern of development of the Regnart Canyon area, the ownership of the land, etc., it was the staff's opinion that septic tanks should be allowed in the Regnart Canyon. In the remaining hillside areas the staff feels, based on the evidence, that sewers should be required. The staff is still recommending in subdivisions where lot sizes are 2.5 acres or larger that the same standards as in Regnart Canyon should be allowed. He then reviewed the "Procedural Steps" on page 3 of the April 22, 1977 staff report. Comm. Blaine asked if the staff was recommending two drain fields where septic tanks, are allowed. Chairman Ad~s asked the staff how this would be implømen~ed if if i~ recomme"ded by the Plann'n2 Cnmmission. The staÍf deferred to Mr. Hildebrand. Mr., Glenn A. Hildebrand, Supervising Environmental Health Sanitar- ian for Santa Clara County, answered Chairman Adams that this implenentation would be by City Ordinance, which the County Health Department would honor. He said the idea of two drain fields is a good one. The mechanism exists because this has been required by a neighboring city, Los Altos Hills, for 8 years. If the homeowner will· merely flip the valve every six months he should have a very efficient system. Mr. Hildebrand reviewed his April 19, 1977 letter to Mr. Robert Cowan, answering his questions regarding: 1) Health Related Aspects; 2) Septic Tank Installation Standards; 3) Septic Tank Maintenance; and 4) Alternative Individual Sewage Disposal Systems He explained the "split system" where there would be 400 lineal feet with 400 potential feet, with 1/2 used at one time. You would merely turn the valve to put the other half into use. Comm. Koenitzer asked if the Health Department can force someone to vacate their home where a septic tank fails. Mr. Hildebrand said he has never seen anyone moved out of their home, nor water turned off, but there have been some instanceS where someone has been prosecuted. Comm. Markkula asked 1£ development of the Williams I property would require Sewers. The Assistant Planning Director said it would. Comm. Blaine asked the status of the Inspiration Heights property. The Assistant Planning Director said that in this area there are some existing homes and existing septic tanks. Comm. Blaine asked if there are any package systems in the County. Mr. Hildebrand said he has seen one and has heard of another in this area. He does not believe this approach would be suitable in the area We are talking about. Some have very high electrical usage. PC252 Page 4 MINUTES OF THE APRIL 25, 1977 PLANNING COMMISSION MEETING Chairman Adams asked for comments from the audience. Mr. Ellis Jacobs expanded on the letter he and Mr. Richard Childress wrote to the Planning Commission April 25, 1977. He said FHA Bulletin U533 describes a viable method of disposing of sewage. With proper design and proper rest, a drain field can be used almost forever. This method he referred to is very efficient in breaking down deter- gents, etc. Mr. Ellis Jacobs said he has been supervising design of septic tanks for over 30 years. Mr. Richard Childress added that when done right, the septic tanks do seem to work for many years. There are some bulletins available from the University Extension Service in this regard. He said he feels very strongly that the septic tank system will work in the Regnart Canyon. Mr. Jerry Merkel 0 , llll9 Sutherland, Cupertino, said he has just completed building a home in the Regnart Canyon area. He said the requirenents for septic tanks now are much more strict than they used to be. He believes a requirement of two drain fields should not be necessary; it is too cautious and too expensive. Percolation characteristics are very important. The length of tile field is determined by type of soil. The longer the drain field, the better the holding capacity. Mr. Hildebrand said the County does not make blanket statements because there are so many variables. After a lengthy discussion, Comm. Blaine said she nOw knows more about septic tanks than she ever wanted to know. She would prefer a split system of septic tanks in Regnart Canyon. Ccrmm. Gatto said the benefit of this system is that it gives a drain field time to rest. Comm. Markkula cautioned that we must not compare the surface area required hy a dual conventional drain field with the area required by a dual dra~n field with the more recently developed channel design. Ccmm. Blaine felt that at this time, sewers were an unnecessary and added expense for those wishing to live in ~ëgnart Canyon. Ccmm. Koenitzer said he was in favor at this time of the dual drain fields in that about 1/3 of Regnart Canyon is already built with septic tanks. Ccmm. Markkula said he definitely was in favor of a dual field with a valve provided it was of the newer design, similar to that used in Los Altos Hills. Moved by Comm. Blaine, seconded by Comm. Koenitzer to close the ,Public Hearing. Motion carried, 5-0 MINUTES OF THE APRIL 25, 1977 PLANNING COMMISSION MEETING Moved by Comm. Blaine, se~onded by Comm. Koenitzer, that the Planning Commission recommends to the City Council approval of a preliminary general plan amendment regarding installation of sanitary sewer improvements and/or other improvements in the hillside areas regulated by a slope-density formula; that Policy 3 be reworded as recommended by the staff which will amend subpara- graph L under Utilities Section; subparagraph M shall be amended which references the Regnart Creek area; and this proposal be forwarded for the Environmental Assessment procedure. AYES: NOES: Comm: Blaine, Koenitzer, Markkula, Chairman Adams Comm. Gatto Motion carried, 4-1 Comm. Gatto said his negative vote was because it is his feeling that the septic tank requirement should remain for all hillsides. Moved by Comm. Blaine, seconded by Comm. Xarkkula to direct the staff to draft an ordinance con~erning septic systems and'split systems, and that this be brought back to the Planning Commission at the next meeting. In the process of doing this, the Los Altos Hills Ordinance should be researched. AYES: NOES: Comm. Blaine, Gatto, ICoenitzer, l1arkkula, Chairman Adams None ) Motion carried, 5-0 2. Public Hearing to consider the adoption Element to be incorporated in the City's CITY OF CUPERTINO: of a Seismic/Safety General Plan. This item was postponed at the beginning of this meeting. 3. CITY OF CUPERTINO: Public Hearing to consider adoption of an ordinance regulating location and establishing appli~ation procedures for adult related commercial activities including motion pi~ture theaters, massage parlors, adult cabarets, public dance halls, adult book stores, or other uses as determined by the Planning Commission. The Assistant City Attorney explained that once a City has commer- cial activities, the Supreme Court has held a commercial endeavor cannot be restricted that is in conflict with the First Amendment. PC-252 Page 5 Sewer /Septic Tank amendment to General Plan approved Staff directed to draf t an ordinance re septic systems & split systems PC-252 Page 6 MINUTES OF THE APRIL 25, 1977 PLANNL~G COMMISSION MEETING Comm. Blaine asked the Assistant City Attorney if the list of definitions must be specific. He recommended it, and said that if she had some things to add she should do so. She then proceeded to add picture-taking establishments, bath houses, encounter parlors. Comm. Blaine said she would like the strongest ordinance possible. These enterprises should not be allowed within 1000 feet of schools and churches as well as residences. The Assistant City Attorney explained in depth the "Detroit Ordinance". Comm. Koenitzer said that with this ordinance, it would be up to the person who wants to put some pornographic enterprise within the City of Cupertino to take it to Court. Chairman Adams noted that we have many empty stores in Cupertino with this potential threat. The Planning Director said Planned Development Commercial zoning requires use permits. General Commercial zoning is probably the only area where we don't have control over this sort of thing happening. Comm. Markkula asked what the procedure is for getting rid of the people who try to get around existing ordi~ances. The Assistant City Attorney said the use could be abated by citation; i.e., an illegal use. Chairman Adams said he had no problem with the proposed ordinance since the only possibility within the City of Cupertino for a commercial use more than 1000 feet from residential would be Vallco Park, and that is PD which requires a use permit. The ordinance could include a catch-all phrase like: "If the staff is not sure of a particular use the applicant must come before the Planning CotllJ!1is sion for review of the proposal." Comm. Markkula felt it would be of some advantage to have our ordinance somewhat different than that recommended by the County so if someone were to test that ordinance in the courts and would win, ours would still require testing in the courts. Since there were no comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Markkula to close the public hearing. Motion carried, 5-0 MINUTES OF THE APRIL 25, 1977, PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Blaine to recommend to the City Council adoption of the ordinance regulating adult theaters and adult bookstores with certain modifications: 1) Addition of schools, public parks and churches to the 1000' regulation. 2) Insert a comprehensive clause that cautions that items not specifically defined in this ordinance will require deter- mination by the Planning Commission. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 ELECTION OF CHAIRMAN AND VICE CHAIRMAN Moved by Comm. Blaine, seconded by Comm. Gatto to nominate Comm. Koenitzer to the office of Chairman of the Planning Commission. Moved by Comm. Gatto, seconded by Comm. Blaine to close the nominations. AYES: Comm. Blaine, Gatto, Markkula, Chairman Adams NOES: None ABSTAINED: Comm. Koenitzer Motion carried, 4-0-1 Moved by Comm. Gatto, seconded by Comm. Adàms to nominate Comm. Blaine to the office of Vice Chairman of Planning Commission. Moved by Comm. Markkula, seconded by Comm. Gatto to close the nominations. AYES: Comm. Adams, Gatto, Koenitzer, Markkula NOES: None ABSTAINED: Comm. Blaine Motion carried, 4-0-1 UNFINISHED BUSINESS: None NEW BUSINESS: None REPORI OF PLANNING COMMISSION; None REPORT OF PLANNING DIRECTOR: ,In addition to Seismic-Safety Elemen there will be the plan line through Monta Vista on the agenda of the last meeting in May. ADJOURNMENT: Chairman Koenitzer adjourned this meeting at 10:05 ATTEST: APPROVED: PC-252 Page 7 "Porno" ord. recommended I Chairman Koenitzer Vice-Chairman Blaine