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PC 04-11-77 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 PC-251 Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON APRIL 11, 1977 IN THE COUNCIL CHAMBER CITY HALL, CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Adams called the meeting to order at 7:32 PM with the Salute to the Flag. ROLL CALL Comm. present: Blaine, Gatto,'Koenitzer (7:35), Markkula, Chairman Adams Comm. absent: None Staff present: Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten Assistant Planner Piasecki APPROVAL OF MINUTES March 28,1977, Minutes not presented to the Planning Commission at this time. March 14, 1977 Minutes: Page 6, paragraph 3, delete second line and replace with: "lanes of traffic directly from the steps by the retaining wall. Mr. Ward indicated there is a sidewalk next to the retaining wall on that side of the drive. Page 6, paragraph 6, add "e" to the end of "rational" on line 1. Page 11, paragraph 4, last line: delete "allow" and replace with l1provide" . Page 12, paragraph 10~ delete: "noting we have enough tile roofs in Cupertino for the time being" Page 14, 4th paragraph from the bottom, line 2, delete "alternate Exhibit 2" and replace with"7 of the 9 alternates". PC- 251 Pag 2 INUTES OF APRIL 11,1977, PLANNING CO~1ISSION MEETING POSTPONEMENTS: None WRITTEN COMMUNICATIONS The Assistant Planning Director said Mr. H. Grench, of Midpeninsula Regional Open Space District, has requested permission to place an item under New Business on this agenda. Chairman Adams agreed to this. ORAL COMMUNICATIONS: None PUBLIC HEARINGS II. : Application 5-Z-77 of BARRIE LEE BARNES: PREZONING APPROXIMATELY 0.24 acres from Santa Clara County R-HS (Residential, Hillside slope-density) to City of 'Cupertino Rl-IO (Residential, single- family, 10,000 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located southwesterly of and adjacent to San Juan Road approximately 5QO feet westerly of the intersection of San Juan Road and Stevens Canyon Road. First Hearing. The Assistant Planning Director located the property in question on the topo map. He noted the undeveloped portion of Inspiration Heights lies within the southwest portion of this property. It is the staff's opinion that this is a legally buildable lot. Comm. Markkula asked if there are any contingencies involved here, such as how the building at the rear will have access. Mr. Barry Barnes, 10477 Merriman Road, said the structure to the rear has an easement for access. He said the map on the bulletin board was somewhat in error. It was established that this is a pre-existing legal lot. El Cerito is a "paper" street and is 18% grade in some portions. Since there were no further comments from the audience, it was moved by Comm. Blaine, seconded by Comm. Gatto to close the public hearing. Motion carried, 5-0 5-Z-77 approved Moved by Comm. Gatto, seconded by Comm. Koenitzer, to recommend to the City Council approval of application 5-Z-77. AYES: NOES: Comm. Rlaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEETING PC-251 Pag e 3 2. Application 8-Z-77 and 3-TM-77 of HIRAM A. SIBLEY: REZONING approximately 0.45 acre from Rl-10 (Residential, sing1e- family, 10,000 sq. ft. per dwelling unit) and Rl-10ag (Resi- dential, single-family, 10,000 sq. ft. per dwelling unit) to Rl-7.5 (Residential, single-family 7,500 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to divide 0.45 acre into two parcels. Said property is located adjacent to and easterly of Stelling Road approximately 600 feet northerly of the intersection of McClellan Road and Stelling Road - 10370 Stelling Road. The Assistant Planning Director said this was reviewed by the City Council about 3 years ago and was approved by that body, although the Planning Commission recommended denial. There are four lots fronting on Stelling Road with the potential of flag lots. The proposed flag is 18 feet, whereas the City requires 20 feet. Chairman Adams agreed with the Assistant Planning Director that the Planning Commission should investigate whether or not it might be wise to consider the flag on the opposite side of the lot than is proposed by the applicant. Comm. Gatto felt that was not the question, but rather the Planning Commission should decide whether or not the proposal is right for this property. Comm. Blaine would like the staff to look at this entire quadrant and make recommendations. Comm. Gatto observed that during previous hearings on this area, it was the decision of the people living in that area to keep the Tu1a Lane area as rural as possible. Comm. Blaine was concerned about the City considering these properties on an individual basis rather than as a whole. Mr. Hiram Sibley, 6729 Dartmoor Way, San Jose, said he wants to build his home on this property. Most of these lots along Stelling have their homes virtually in the center of their lots so there is no way for them to create 2 lots out of one. The lots are large enough so that it will not be necessary to back the car out of the driveway onto Stelling Road. Since there were no further comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Blaine to close the public hearing. Motion carried, 5-0 · PC-251 Page 4 MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEETING Comm. Koenitzer said he was concerned that allowing this proposal would set a precedent for flag lots in this area. Comm. Blaine agreed. Comm. Gatto said the message promoted all through the previous hearings on this area was that this is an enclave in an area near the center of the City of Cupertino. Many people living in that area believe this is a unique area with a character that should be preserved. 8-Z-77 denied oved by Comm. Blaine, seconded by Comm. Gatto to recommend application 8-Z-77 be denied by the City Council. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 his matter will go to the City Council on May 2, 1977. 3-TM-77 denied Moved by Comm. Blaine, seconded by Comm. Koenitzer to deny application 3-TM-77 . AYES: NOES: Cnmm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 It was determined that the above~entioned lot split would result in lots less than 10,000 sq. ft., in size. 3. Application l..cDPR3-77 of JACK PAlJLSON: CONCEPTUAL DEVELOPMENT PLAN R3 for approximately 0.3 acre to allow ~onstruction of a 4-plex in an R3 zoning district. Said property is located adjacent to and easterly of Alpine Drive approximately 300 feet northerly of the intersection of Salem Avenue and Alpine Drive. First Hearing. It was noted this is one of the few remaining lots in this area with multiple zoning. The proposal has been reviewed by the staff and is ~onsidered to be harmonious with structures in the area. There are no windows facing single-family homes. H-Control will go through their review of this proposal. There is the possibility of 3 bedroom windows that look across this property and into the adjacent structure. The staff feels that with minor changes, this propòsal will be acceptable as far as solving the privacy problem. Comm. Koenitzer suggested a higher fence could help solve some of the problems here. MINUTES OF APRIL 11, 1977 PLA~NING COMMISSION MEETING Mr. Jack P. Paulson, 1689 English Lane, San Jose, said he and his wife plan to live here and want their neighbors to be happy. Mr. Bill Stager, 10317 Vista Knoll, said he lives in a residence on the lot behind here. He complimented Mr. Paulson on his effort to put up something here that is compatible with the neighborhood. He was in favor of the fence being raised somewhat. Moved by Comm. Blaine, seconded by Comm. Koenitzer to close the public hearing. Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Gatto to recommend to the City Council approval of application I-GDPRJ-77, with the 14 standard conditions and conditions 15, 16 and 17 per the staff report of April 7, 1977~ AYES: NOES: Comm., Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 4. Application 7-Z-77 of HOWARD RUTH, JR.: REZONING approximatel 0.23 acre from P (Planned Development with multi-family use intent) to Rl-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southeast corner of Pacifica Drive and Whitney Way. First Hearing. The Assistant Planning Director stated this application was to rezone this property to be consistent with the neighborhood. Mr. Howard Ruth, Jr., 2205 India Court, Los Altos, said this application is a requirement to conform with the General Plan as adopted. Since there were no further comments from the audience, it was moved by Comm. Gatto, seconded by Comm. Markkula to close the public hearing. Motion carried, 5-0 Moved by Comm. Gatto, seconded by Comm. Blaine to recommend ap- proval of 7-Z-77 as recommended by the staff. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 PC-251 Page 5 l-CDPRJ-77 approved 7-Z-77 approved PC-251 Page 6 MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEETING 5. Application 7-U-77 of WILLIAM S. AND SHARON A. IRETON: Use Permit to allow use of building in a general commercial zone as a health spa. Said property is located adjacent to and northerly of Stevens Creek Blvd., approximately 450 feet westerly of the inter- section of Stevens Creek Blvd., and Vista Drive - 20311 Stevens Creek Blvd. First Hearing. The Assistant Planner stated this applicant is asking for permission to have a health spa in an existing building where there previously was a karate school. The business will utilize 1800 sq. ft., will operate 9:00 AM to 9:00 PM Monday through Friday and from 10:00 AM to 2:00 PM on Saturday. Comm. Gatto asked why there is a need for a use permit for this type use. The Assistant Planner said the CG Ordinance requires this. Comm. Gatto asked if the underground utilities requirement should be the responsibility of the owner of this building. The Assistant Planner agreed. Mrs. Sharon Ireton, 4955 Rue Bordeaux, said this is going to be a good salon and she is hoping this use permit will be approved. Since there were no further comments from the audience, 'it was moved by Comm. Gatto, seconded by Comm. Blaine, to close the public hearing. Motion carried, 5-0 Moved by Comm. Koenitzer, seconded by Comm. Gatto to approve application 7-U-77 with the 14 standard conditions and condition 15 in the staff memo of April 4, 1977. Findings: The Planning Commission finds that the use is in conformance with the general plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed uSe is to be located; that the property involved is adquate in size and shape to accommodate the proposed use; that the proposed use will not generate a level of traffic over and beyond that of the capacity of the existing street system; and that the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed use nor injurious to property and improvements in the neighborhood. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEETING PC-Z51 Page 7 6. Application 4-TM-77 of CLAYTON T. WOODS: TENTATIVE MAP to subdivide approximately 1.1 acres into five lots. Said property is located at the southwest corner of Foothill Blvd. and Alcalde Road. First Rearing. The Assistant Planner reviewed the previous action on this propert This proposal conforms with the approved building plan with the exception of the following minor modifications: 1) The building on Lot 5 is approximately 5 feet closer to the front property line than the original submittal. 2) The lot line between Lots 2 and 3 angles off into a triangular-shaped addition to the common area. 3) The tentative map reflects a private yard area between Unit 1 and the detached garage as opposed to common space as was originally shown on the development plan. Comm. Koenitzer was concerned with the moving of Unit 5 because of the amount of landscaping that will be severely cut back. Mr. Clayton Woods, 430, Stanford Avenue, Palo Alto, said that in regard to Lot 5, there will be turf with irrigation in the front by the circular driveway. He said he, too, wants to preserve as much of the green area as possible. He answered Comm. Markkula that the reason for the minor modification was for window placemen These are merely refinements of the plans. Since there were no further comments by the audience, it was moved by Comm. Gatto, seconded by Comm. Blaine, to close the public hearings. Motion carried, 5-0 Moved by Comm. Blaine, seconded by Comm. Gatto to recommend to the City Council approval of application 4-TM-77 with the 14 stand ard conditions and conditions 15 through 17 as listed in the April 7, 1977, staff report. The Planning Commission finds that: 1) The proposed map is con- sistent with the general and specific plans. 2) That the design or improvement of the proposed subdivision is consistent with the general and specific plans. 3) That the site is physically suitable for the type of development. 4) The site is physically suitable for the proposed density. 5) The design of the subdivi- sion or the proposed improvements are not likely to cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6) The design of the sub- division or the type of improvements are not likely to cause serious public health problems. 7) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. AYES: Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams NOES: None Motion carried, 5-0 PC-251 Page 8 INurES OF APRIL 11, 1977 PLANNING COMMISSION MEETING 7. Application I-V-77of E. ALVAREZ AND SON CONSTRUCTION: VARIANCE request from Section 10.3 of Ordinance 220(n) to allow reduction of required side yard setback on the street side of a corner lot from twelve feet to eight feet. Said property is located at 20820 McClellan Road. First Hearing. The Assistant Planner said tentative map approval was received last December for 5 units with 10,000 sq. ft. lots with the condition that the existing structures located on Parcel 1 be removed or relocated prior to recordation of the final map. The applicant now is of the opinion that by relocating the detached garage and removing a portion of the existing single-family structure that the existing unit can be modified to closely conform with the required Rl setbacks. However, the applicant would like permission to allow a portion of the existing structure to protrude Some 4 feet into the side yard setback. The staff feels that in this ~ase, there are extraordinary circumstances to warrant this protrusion. Further, the location of the building will not encroach within the 40-foot sight distance triangle which is required for safety. Comm. Blaine was concerned whether the shrubbery would create visibility problems around the corner. The Assistant Planner said the City has the power to require that the hedge be trimmed if it becomes ,a problem in this respect. The Assistant City Engineer said we can go down to 36' or less in cul-de-sacs. Comm. Gatto suggested we might be able to get along with a 4-foot wide sidewalk here. Mr, Marty Hall, 21060 Homestead Road, Cupertino, said he offered to speak for the applicant who used to be associated with him. He said this is a very lovely home and it would be a shame to have to move it. It costs as much to move a house 3 feet as 300 feet. The shrubs should be cut very low so view will not be obstructed. Mr. Alvarez wants to add one bedroom and a new family room. Mr. Hall answered Comm. Markkula that the kitchen is in that part of the house that requires moving. Since there were no further comments from the audience, it was moved by Comm. Koenitzer, seconded by Comm. Blaine to close the public hearings. Motion carried, 5-0 Comm. Markkula was answered by the Assistant Planning Director that the setback will be 18 feet from curbline to wall of the house. MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEEtING Moved by Comm. Blaine, seconded by Comm. Gatto, to recommend to the City Council approval of application I-V-77, with the follow- ing findings: 1) That there are exceptional or extraordinary circumstances or conditions applying to the building referred to in the appli- cation as it is an existing structure which through minor modifications will substantia~ly conform with the setback requirements of the Rl zone. Additional modification to forc complete compliance with the side setback requirements would impose an undue hardship on the property owner. 2) That the granting of the variance application is necessary to preserve the substantial property rights of the petitioner to reasonably utilize and improve an existing single-family without unnecessary or undue personal expense. 3) That the granting of the application will not materially adversely, affect the health, safety or welfare of persons residing or working in the neighborhood of the property of the, applicant. That the location of the building will not encroach within the 40-foot sight distance triangle which is required to ensure safe vehicular ingress and egress between public streets. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, ~..arkkula, Chairman Adams None Motion carried, 5-0 Chairman Adams called a recess at 9;28 PM. The meeting recon- vened at 9:38 PM. 8. Application 6-U-77 of GATEWAY CONSTRUCTION COMPANY: USE PERMIT to allow erection of a 48-foot high receiving antenna in a Planned Development Zoning District. Said property is located easterly of and adjacent to Stevens Canyon Road, approximately 200 feet southerly of the intersection of Riverside Drive and Stevens Canyon Road. First Hearing. The Assistant Planning Director reviewed the April 7,1977, staff report. Per the Height Ordinance, all PD structures shall be reviewed by the City via use permit application. The burden has been placed upon the applicant to explain the options open to him There has to be some practical solution to allow TV reception for the people living in this development. The Assistant Planning Director answered Comm. Koenitzer that a single-family homeowner could put up such an antenna tower under like conditions. PC-251 Page 9 I-V-77 approved 1'C-251 Page 10 MINUTES OF APRIL ll, 1977 P~~NING COMMISSION MEETING Attorney Gary Gamel, 2600 EI Camino Real, Palo Alto, introduced Mr. Jim McBride, a technician with Hertlein Electric, Inc., 19101 Lake Cabot Road, Castro Valley, CA 94548, who offered to answer any questions of the Planning Commission. There were no questions at this time. Mr. McBride said he made surveys of the project. He said the apartment house structure next door is all blank walls. He also said a couple of houses in the immediate area have masts on their antennae. He said the adjacent 30' high house with 30' high antenna will be higher than this proposal. He answered Comm. Koenitzer that the readings are lower here than at any other place where readings were taken on the property. To put a 120' tower down at the knoll would cost between $25,000 and $35,000. Mr. McBride answered Comm. Markkula that coax cable is already in, in case cable TV does come in. He said he designs and installs systems. He assured the Commission that this proposed antenna will be equal to the one on the apartment complex. Attorney Gamel cited the difficulties due to the topography of this area. He advised that the residents within the Association will be affected in that this tower is proposed to go at the entrance to the development. They would like to see the antenna approved and at as low a price as possible. Chairman Adams noted that Mr. McBride had stated there still may be ghosts in the TV reception with this antenna. In answer to Comm. Markkula's questions, Mr. McBride said that in order to get an excellent picture the tower would have to be 70' high. With the 49' high tower the picture will be good, but not excellent. Mr. M. Hugh, of Creekside Drive, asked what the effect would the tower were put at the southeast corner of the property. said it would have to be higher than the 49' . be if Mr. McBride Mr. Henry Severin, 22570 San Juan Road, said he lives across from the entrance to this project. He presented colored pictures of the view from his home and showed how the proposed tower would affect his view. The location of the tower will be at the northeast corner. Mrs. Lillian Severin, 22570 San Juan Road, suggested they can go on top of the hill, where they could get up about 100 feet. This would get it out of everybody's view of it. It is available, if the developer wants to negotiate with the owner of the hill. She said there are windows in the apartment building next door. The tower would be right in front of the kitchen and living room windows of that apartment. MINUTES OF APRIL II, 1977 PLA1~NG COMMISSION MEETING Mr. Charles Knox, 22415 Rancho Deep Cliff Road, said he is a new homeowner here. When you come down into Rancho Deep Cliff, his is the first home. He said nobody else has been required to go to the expense of a TV antenna. Further, if this tower is built it will avoid having 49 other TV antennae on the homes. Ms. Glory Brattan, 10965 Miramonte Street, feels there should be no permanent granting for this tower. She said the contractor has made it clear they are not going to abide by the City requirements. They have commenced grading for Unit II prior to City approval. They have not adequately protected the oak trees. They used heavy equipment rather than light equipment. She said the grading is more severe than allowed. She said there is no follow-up by the City to see if they abide by the rules. The Assistant Planning Director said there is a Stop Work Order on this project now, as to the grading. Attorney Gamel said there is the understanding the fence is according to approved plans. Their intent is not to damage the trees. They saved every tree on the property that they possibly could. They have an agreement with the golf course. He said he will be happy to look into each of the complaints. Comm. Blaine said she is concerned about clients since this is not the first time about the way this development is going. the first incident regarding severing of oaks. the integrity of his , there have been complaintJ - I She said this is not I I the roots of some of the I I I I i I I I I I I I I I The Assistant Planner said the grading operations were brought to the attention of the staff last week. They have been allowed to complete the fence with the understanding they will come to H-Control with a revised plan for review. The Assistant City Engineer said that as of the morning of this meeting, Phase II has been completely shut down. Mr. Parvis Nambar said he has a common fence of about 2 acres. He is not happy with this fence. He said they chopped a dead oak to within 3 feet of the ground and built the fence over the stump. He said the stump must come out. He said he measured 9" to 10" of the roots of oaks that have been cut. He said he has had a problem with the telephone company in regard to a large hole they dug on his property by mistake. Since he owns the back hill, if the developer is willing to negotiate with him, they can put the antenna on the top of the hill. PC-251 Page 11 PC-251 Page 12 MINUTES OF APRIL ll, 1977 PLANNING COMMISSION MEETING Mr. Earl Brandt, San Juan Road, said 61 expensive homes were built and those people were satisfied with their TV reception without the antenna. Mr. Jack Bates, 22586 San Juan Road, said he also lives in this area. He said he has heard this evening testimony by neighbors who feel the developer has done a good job; others question his integrity. He urged attention be given to the statements made by the people already livi~ in the area. Mr. McBride said he is asking for only 2 feet higher than the telephone pole already there. Attorney Gamel advised that individual units can now put 40' antennae on their roofs or we can have one tower. A cable system is not available at this time. He answered Mr. Bates that that is the only alternative. Mr. McBride cautioned that this was not his comment. The Assistant Planning Director answered Comm. Blaine that this is the first planned development where this question has come up. Chairman Adams reminded the Commission that if this were a single-family develop- ment, each homeowner could put up a 49' antenna without a use permit. Since there were no further comments from the audience, it was moved by Comm. Koenitzer, seconded by Comm. Blaine to close the public hearings. Motion carried, 5-0 Comm. Markkula said if there is going to be any kind of system it should be done properly; put it on somebody else's hilltop, or go to a 90' tower, and add the necessary channels. He said he has friends living in a canyon area and their TV reception is terrible. Either do it right or not at all. Comm. Blaine was concerned about the possibility of the tower being located right outside somebody else's windows. She believes the people living in this development should be able to have TV reception. Comm. Gatto said the idea of a planned development is to optimise a development. He agreed with Comm. Markkula's statements. There might be a location up there for a tower that would serve some 500 homes. In answer to Chairman Adams' question, the Assistant Planning Director said he believes there are some other alternatives that can be explored at this level before sending a decision to the City Council. Moved by Comm. Blaine, seconded by Comm. Koenitzer to reopen the public hearings. ~otion carried, 5-0 MINUTES OF APRIL 11, 1977 PIJL~ING COMMISSION MEETING Chairman Adams asked the applicant, after hearing the previous discussion, whether he wanted a continuance of this application. Attorney Gamel indicated he would prefer this. Moved by Comm. Blaine, seconded by Comm. Koenitzer to continue application 6-li-77 to May 9, 1977. Motion carried, 5-0 The staff was instructed to gather more data about the reception I from the tower and the location of the tower in relation to the windows on adjacent building. The applicant was requested to pro- I vide a complete report on the site survey work including readings taken at all the locations tested. 9. Application l-li-77 of VALLEY CHURCH: MODIFICATION OF USE PERMIT to modify Condition 15 to permit an existing trailer to remain on the church site throughout the remainder of the spring semester. Said property is located on the west side of Stelling Road approximately 200 feet northerly of Inter- state 280. First Hearing. The Assistant Planner said the staff has inspected the trailer site and found the applicant has complied with the requests in the staff report. The staff recommends the applicant be allowed to continue this use to September 1977. However, they have indicated they would like to have it longer, if possible. Mr. Tom Patterson, Business Manager of Valley Christian Schools sai this site has' the largest Valley Christian School. They hope tOŒv a junior high school built by 1980. They need to raise another $3 million, however. This trailer contains no electrical nor water service. The children just go inside it to change to their PE clothes. This trailer has been on the property about 2 years. There are no other rooms available in which the children can change to their PE clothes. About 1/3 of the trailer is being used for storage. The Assistant City Attorney advised the Ordinance has enough flexibility to allow this temporary use until 1980. Mrs. D. R. Russen, 10855 North Stelling Road, said she O'JnS the property adjacent to this trailer. This is the first time she has received any notice of renewal request for this use permit. The Assistant City Attorney advised the public notice is misleading in that it says If . . for the remainder of the spring semester". PC-251 Page 13 6-U- 77 continued to May 9th PC-251 Page 14 l-U-77 conC inued to May 9th 4-TM-75 excended 1 yr MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEETING Moved by Comm. Blaine, seconded by Comm. Koeniczer to continue applica- tion l-U-77 to the next general meeting (~1ay 9, 1977) and Che modifica- Cion for this application shall be readvertised. Motion carried, 5-0 UNFINISHED BUSINESS 10. Application 4-TM-75 of LAMONT WILLIAMS - Request for extension of Tentative Map. It was noted by the staff that the applicanc's reason for not acting on his tentative map is that he is awaiting the City's position regarding the issue of septic tanks versus sewers. Realtor Herb Marcus, 928 Olympus Court, said the new owner of this property would like to develop along with the new owner of the ~djacent property and would like to have access through this adjacent property rather than through Lindy Lane. They are asking for a 90-day extension beyond the date the City Council reaches a decision on the sewer versus septic tank issue. The reason for continuance of this tentative map is to follow the downhill pattern of the road layout on this tentative map in case sewers are going to be required. Chairman Adams asked for comments from che audience. There were none. Moved by Comm. Koenitzer, seconded by Comm. Gatto to recommend to che City Council extension of application 4-TM-75 for one year from the 14th of February 1977. ,AYES: NOES: Comm. Gatto, Koenitzer, Chairman Adams Comm. Blaine, Markkula Motion carried, 3-2 NEW BUSINESS , , 11. Midpeninsula Regional Open Space District discussion. Mr. Herb Grench, ¡1anager of the Midpeninsula Regional Open Space District, wanted to discuss 63 acres within the Regnart Canyon. He said the District is currently negotiating with the Nellis' in regard to ,mecher or not the City will transfer two units from this open space to the developable property. If the Planning Commission finds chis cransfer of development rights acceptable they must also comply with the slope/ density formula. MINUTES OF APRIL 11, 1977 PLANNING COMMISSION MEETING Comm. Gatto is concerned about the public actually benefiting from this transaction with transfer of density. He is concerned about the mechanics of how this can be accomplished. Mr. Grench said that in effect, they feel the District is getting more acreage for the money. They are satisfied. They do not want to be in the position of simply buying open space. He said the original site is 334 acres, Unit II is 218 acres and the Kettie Ranch is 200+ acres. Mr. Robert Nellis, 22322 Regnart Road, said the total property has the potential of 34 units. The property the Open Space District is interested in would yield 14 units, leaving 20 units. They are negotiating to transfer three of the 14 units. The total piece is 157.5 acres. There is a P.G. & E. easement on that long, narrow piece with two towers on it. The Assistant City Attorney wanted to know if to file a tentative map on this new proposal. direct answer to this question at this time. Mr. Nellis planned There was no Mr. Grench answered the Assistant City Attorney that a portion of the Fremont Older open space was purchased by the District. Moved by Comm. Gatto, seconded by Comm. Blaine to concur with Mr. Grench that the Midpeninsula Regional Open Space District purchase of 65 acres from the Nellis' is in concert with the General Plan. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 MINUTE ORDER: Moved by Comm. Gatto, seconded by Comm. Blaine to express to the City Council the Planning Commission's support for the concept of using density transfers for the purpose of lowering the price fór open space purposes. AYES; NOES; Comm. Blaine, Gatto, Koenitzer, Markkula, Chairman Adams None Motion carried, 5-0 PC-251 Page 15 Nellis' 65 acres to MPROSD OK w/GP Minute Order endorsing density transfer in some instances