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PC 03-28-77 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 PC-250 Pa¡>;e 1 MINUTES OF THE REGULAR MEETING OF THE l'LANNING COMMISSION HELD ON MARCH 28, 1977, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SAlUTE TO THE FLAG Chairman Adams called the meeting to order at 7:33 PM with the Salute to the Flag. ROLL CALL Comm. present: Blaine, Gatto (7:38), Koenitzer, ~~rkkula, Chairman Adams Comm. absent: None Staff present: Director of Planning and Development Sisk Director of Public Works Viskovich Assistant Planning Director Cowan Consultant Toby Kramer APPROVAL OF MINUTES Moved by Comm. Blaine, seconded by Comm. Koenitzer to postpone the approval of the Minutes of March 14,1977. Motion carried, 4-0 WRITTEN COMMUNICATIONS: None. 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 improvements in the hillside areas regulated by a slope- density formula. PC-250 Page 2 MINUTES OF THE MARCH 28, 1977, PLANNING COMMISSION MEETING The Assistant Planning Director stated the purpose of this hearing was to consider amending the City's Hillside Plan Policy that presently allows septic tanks in lieu of sewers under certain conditions. It allows the option of sewers or septic tanks where there is one dwelling unit on 2.5 acres in the hillsides. The reason for this is to insure a rural effect and to help lower the cost to assist the property owner to keep the density low. There was a lengthy discussion of this policy at the February 28th meeting and at that time, the Planning Commission asked the staff to set up another public hearing regarding it. The Assistant Planning Director referred to details in the March 25th staff report. He next reviewed two maps on the bulletin board showing the General Plan and the areas that potentially could be developed with septic tanks. He then reviewed Table I. Regnart Canyon Sewage Disposal Cost Study. It was felt one primary issue was cost. If the sanitary sewer line is to be built, whose responsibility will it be to build it? How long will it take? What will it cost? A cost estimate made by the staff indicates that homes within Regnart Canyon would cost from $160,000 to $180,000 not including architectural fees and engineering fees. The cost of sanitary sewers and septic tanks should be evaluated in conjunction with the total development cost. It wàs stated the Nellis property is about one mile from the Candy Rock subdivision. Mr. Childress, property owner in the Regnart Canyon Area and President of Reglin Water Service, answered Comm. Blaine that there are no wells here; the water comes from San Jose Water Works. Dr. Joe Brown and Mr. William McBee were present at this meeting, repre- senting the Cupertino Sanitary District. Mr. McBee said the $975.00 charge is basically an acreage charge in the hillsides. In the Valley Floor, it is based on' 1/4 acre per unit. ¡here is a proposed change in the charges that is being considered by the Sanitary District. Comm. Koenitzer believes the annexation charge should be based on the number of homes rather than on an acreage basis. Mr. Ellis Jacobs, 22051 Regnart Road, said he has lived there for almost 20 years and in the Bay Area for over 30 years. He is an architect. He said there have been one or two septic tank failures in 30-40 years. The ones in good soil and with good percolation have no problem. When a drain field becomes grease-laden, Mr. Jacobs said there is an enzyme process that can efficiently correct the problem. He said the biggest threat to allowing septic tanks in lieu of sewers is that this will open Regnart Canyon to new development. MINUTES OF THE MARCH 28, 1977 PLANNING COMMISSION MEETING PC-250 Page 3 Mr. Allen Lambert, the president of a development company, said he has had much experience of building homes in the hillsides in Los Altos Hills. He dces not believe in sewers but believES an assessment district should be formed immediately 1£, sewers are the answer. He cgmplimented the City of Cupertino by stating its ordinances hurt the environment the least of any he's had exper- I ience with and gives, incentives to work in this direction. Whethet or not they put in sewers, they are plannin~ to put in homes on I 2.5 acres each. If required to put in,sewers the cost of the I homes will go up and the lots will be smaller to accommodate the : wider roads. I Mr. Dick Childress, 22025 Regnart Road, said many years have gone I into the planning of this area. He said he has not seen any data I saying why septic tanks are no good. There are 27 homes actually I downhill from the sewer. If sewers are required, it would force all the houses up to the ridgeline in order to have the sewer downhill of the homes. He believes the cost estimate is 30 to 40% low. He would like to research ,whether or not septic tanks are all that bad. If septic tanks are a health hazard in Regnart Canyon, then they should also be a health hazard allover the County, also. Mr. Mike Cleary, Geologic Engineer, stated he has been studying the Nellis property, north/south direction for 5000 feet and 1/4 mile wide. It consists of sandstone, claystone and conglomerate. It is capable of accepting water. The ground water table in this area is in the order of 50 feet. From a soils standpoint, he sees no hinderances to septic tanks. They have done ten test pits and spent three days in the field. Test borings went down 9 feet deep primarily along the ridge line. They did test on the west side and found similar materials as on the ridgeline. Mr. Childress said that on his 6 lots, 19 test holes were checked, Soil was found to be quite good, with no significant danger from slippage. Mr. Robert Nellis, 22322 Regnart Road, said he is concerned that if sewers are brought in, this will be the first step toward urbanization of the area. He prefers to keep the rural character of the area. They are planning one dwelling unit on about five acres. He said he has heard no valid argument in favor of sewers. Comm. Blaine said the Health Department has stated septic tanks are only considered temporary in nature, and yet they have been approving tentative maps indicating septic tanks, not as interim approvaL Mr. Carl Stahr, Assistant Chief of Environmental Health Services for the County, said they are not in a position to advise the City of Cupertino or other communities as to what kind of policy they should follow. They have indicated that as far as the County Health Department is concerned, they consider septic tanks are a temporary expedient. PC-250 Page 4 MINUTES OF THE MARCH 28" 1977 P~¡NING COMMISSION MEETI~G ¡Mr. Starr went on to say that septic tanks allow development where normal ¡development cannot occur otherwise. 'Æhere it is practical, they do everything possible to encourage sewers. Given reasonably good soils, ¡septic tanks allow development in rural areas. Once you start getting 2.5 to 5 acre lot sizes you are ultimately talking about a rural subdivision. It is well to consider the sanitary sewer earlier rather than later. Comm. Blaine asked if the Health Department would continue to approve septic tanks in the hills if the City of Cupertino does not change its current policy. Mr. Starr said they will, continue to approve septic tanks in the same manner as they are doing now. ¡fr. Starr said that as you 'increase dis- 'charges into the ground you are ultimately causing degradation and possibly Ipollution to ground waters. He said the South County is now in debate over lot size. Corom. Blaine noted there are other types of systems and wondered whether the County Health Department has studied them. Mr. Starr said the ',SimPlest system of disposal is the septic tank. There are other individual systems for home use that depend upon mechanical aids to aerate ¡the water. There are things such as package plants used on a small scale Ito service a few homes. ~he County prefers to avoid the pump system that uses electrical energy. The County is not against package plants ¡as long as there is some provision for maintenance of the pac~ßge plants. I ,Comm. Markkula asked about the 12.5-year average life of septic tanks land wondered where that figure came from. Mr. Starr said this is an educated guess based on general knowledge and taking into consideration the soils in the area. Chairman Adams asked how many septic tank failures there have been in the County. Mr. Starr said in the late 1940's and early 1950's there were problems in the North County. There are 5 to 10 failures per year. In the last 8 to 10 years the County population has doubled. If a drain field has to be put in above the houses a pumping syst~ has to be installed. ¥~. Peter Gwozdz, 19790 Auburn Drive, Cupertino, said he owns a piece of property at the entrance to Regnart Canyon. His original plan was to divide the property into three, but now he has to go to four or five lots. tHe would prefer to keep it rural rather than go to urban development. Rural, to him, means septic tanks, narrow roads, etc. Dr. Joe Brown, of the Sanitary District. said he is not "selling sewers". ¡He contends that if the property is really in a rural area there would ,be no planning commissions nor city councils to contend with. He stressed that "we are in the city". There was no doubt in his mind that a good septic tank with good drain fields have some advantages. One of the problems can be with the subsequent buyers. He said chemicals are a very real concern. The District has tried to put together a package. ¡They have tried to render the same service to the individual home buyer ,in the hillsides as to the home buyer in the Valley. He noted that same ¡!peoPle are going to want to put in a swimming pool. That creates problems because invariably septic tanks are located in locations where people want to build the pool. MINUTES OF THE MARCH 28, 1977 ~~NING COMMISSION MEETING Comm. Markkula asked for a specific example of in the area. Dr. Brown said this has occurred not know what kind of density was involved. foamy creek water in Fr<!l!lont. He did ! Dr. Brown answered Comm. Gatto that a local improvement district isl the only way to proceed with a project such as this. I Chairman Adams asked for further comments from the audience. I I Mr. Paruj Raium, 10885 Stevens Canyon Road, stated he has four I homes in Cupertino - all on septic tanks. He said Tehran, with a ' population of 4 million, is all on septic tanks. It is his belief! that in high density areas sewer systems are necessary. His homes! are each on 2 or more acres. He said a Major Haven built his home I in the early 1900's, with a field line extending 400 to 500 feet. I He said anything between 1.5 and 2 acres could have a good septic , tank system as long as it is designed well and inspected by the i Public Health Department. Any time an area is going to be ì developed, he felt a sewer system would be better in the long run. I I The Planning Director answered Chairman Adams that if the Planning ì Commission makes a recommendation to amend the policy it will be . I forwarded to the City Council; if not, the matter ends here. ¡ I ì I I I I I , There followed a lengthy discussion of the options open to the Commission. There was a general feeling that additional informa- tion would be needed before a decision was made. Comm. Gatto said the Ul priority to him is the mental people have of Regnart Canyon. If rural means septic he felt we should let it be septic tanks. He said we at a half -million dollar insurance policy. image the tanks, then are looking Comm. Koenitzer felt the question was whether we are going to have one or more septic tank failures that cause a health problem. He felt he had not seen enough data on which to base a decision. Comm. Markkula said we do not have a definition of what constitute I a "failure". Sooner or later. they all "fail". He needs to know what constitutes a "health hazard". He wondered if there could be an inspection system or procedure developed to anticipate these problems. Chairman Adams suggested there could be a requirement for 2 tile fields at the time of development. He further noted that the Park District surrounds the Regnart Canyon, thereby restricting further development in that area. PC-250 Page 5 PC-250 Page 6 , MINUTES OF THE MARCH 28, 1977 PLANNING COMMISSION MEETING Mr, Harold Ashton, representing Kaiser Properties, asked if the sewer lines have to be put in, if it would be in an assessment district. He was told this was true. He suggested that it was his understanding that in order to have an LID formed that there must be 60% approval of the property owners. The Director of Public Works said this proviso can be overruled. Comm. Gatto suggested some means be provided for leech lines to cross property lines on an ~ergency basis. Septic tanks vS1Moved by Ccrmm. Blaine, seconded by Comm. Koenitzer to continue the sewers cont'd evaluation of this proposed amendment to the Hillside Policy to to April 25th. April 25, 1917. Motion carried, 5-0 Chairman Adams called a recess at 9:55 PM. The meeting reconvened at 10:10 PM. 12. CITY OF CUPERTINO: Public Hearing to consider the adoption I of a Seismic/Safety Element to be incorporated in the City's General Plan. ¡Mr, Bill Cotton, the City's Geology Consultant, presented some colored Islides depicting seismic safety zones on a map of this area. He next ¡reviewed his March 22, 1917 policy recommendations. He noted that ¡Cupertino is lucky in that this community is quite new. He said the Igeologic and seismic hazards map and explanation chart are meant to Ibe used as a guide. Icomm. Blaine said her chief concern is people's homes where the family lis about 16 hours per day. She wondered about the safety of homes land apartment house complexes where the parking is underneath living areas. I ; ¡Comm. Markkula suggested each of the Planning Commissioners be given ia copy of the San Jose Seismic Safety Element for study. Icomm. Blaine suggested contacting the Public Safety Commission about ¡this Element. I !Comm. Blaine asked what ¡case of ground rupture, ¡tanks would fare better I they probably would not ! I I I , , i , happens to septic tanks, drain fields, etc., in Mr. Cotton said he would guess that septic than sewer lines. Other than slope stability, be a great problem. MINUTES OF THE MARCH 28, 1977 PLANNING CO~mISSION MEETING Mrs. Nancy Hert~rt, San Juan Road, asked if hospitals are con- sidered in this r~port. !1r. Cotton said they are Groups III and IV; i.e., high risk. They are classified with schools and jails. Mov~d by Comm. Koenitzer, seconded by Comm. Blain~, to continue the S~ismic Saf~ty El~ment to April 25, 1977. Motion carri~d, 5-0 i I I I I I , I I information I will be I I I UNFINISHED BUSINESS; None. NEW BUSINESS 3. Presentation and discussion of Data Base. Mrs. Toby Kramer r~viewed the Data Bas~ docum~nt. The may be placed in a computer program in the future. It revised every six months to one year. REPORT OF THE PLANNING COMMISSION: None. REPORT OF THE PLANNING DIRECTOR 4. Revi~w and recommendation concerning subdivision at Foothill Blvd. and Cristo Rey Drive. - City of Los Altos. The Planning Director said the staff has talk~d with the City of Los Altos and l~arned they plan to r~comm~nd this property be deannexed from the City of Los Altos. The prospect of convincing the developer to deannex from Los Altos and ann~x to Cupertino and thereby lose 11 units is bleak. The Planning Director said he plans to take this to the City Council and then tell the City of Los Altos what their plans are. H~ cautioned that we may have to consider deviating from our General Plan. The question is wh~ther or not Cupertino wants to control this development. Cupertino Sanitary District will service it and our Water Depart- ment will service it. This is right along the main line which will service the Church property. It does conform to our General Plan. I PC-250 Page 7 i i I i i , i I I ! Seismic Safety Element cont'd to April 25th PC-250 Page 8 General Plan conformance indicated Annexa t ion recommended MINUTES OF THE MARCH 28, 1977 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Blaine, that the Planning Commission finds this subdivision proposal to be generally in conformance with Cupertino's General Plan. Motion carried, 5-0 Moved by Comm. Markkula, seconded by Comm. Blaine, that the Planning Commission finds the property in question is close enough to the City of Cupertino and does recommend to the City Council annexation of said property. Motion carried, 5-0 ADJOURNMENT Chairman Adams adjourned this meeting at 11:30 PM. APPROVED: ATTEST: ~ vIm. E. Ryde City Clerk