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PC 01-24-77 CITY OF CUPERrmO, STAIE OF CALIFORl!IA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR 1'!EETING OF THE PLANNING Cm'MISSION HELD ON JANUARY 24,1977, IN TF£ COUNCIL C~,rnER CITY HALL, CUPERTINO, CALIFO~~IA OATH OF OFFICE The Oath of Office was administered to Planning Commissioner Mark Markkula by Deputy City Clerk Ellen Pagnini for the term 1-4-77 to 4/78. 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: COI!1l!1. absent: Blaine, Gatto, Koenitzer, ~arkkula, Chairman Adams None Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian City Engineer Whitten Deputy City Attorney Foster APPROVAL OF MINUTES Minutes of Regular Meeting of January 10, 1977: Add to paragraph 3 on page 5: "Mr. Mitchell thought that it might be possible to switch the 2- and 3-story elements." Page 12, second paragraph: Add "Ccmm. Gatto proposed a recommendation for future guidelines for 5 units or greater, that the number of units shall be rounded out" but for less than 5 units, the calculations woul not be rounded out." Page 16, paragraph 4, second sentence shall read: "Comm. Gatto as- certained that the ordinance states that since there were only 16 on-site parking stalls there could only be 40 seats and the take-out would mean additional impact." PC-246 Page 1 PC-246 Page 2 MINUTES OF THE REGULAR PLANNING COMMISSION ~ETING OF JANUARY 24, 1977 I I I Moved by Comm. Gatto, seconded by Comm. Koenitzer to approve the Minutes of January 10, 1977, as amended. Motion carried, 5-0 POSTPONEMENTS Item #2 - Application 30-TM-76 of ROBERT NELLIS - Applicant requested continuance to February 14,1977. 30-TM-76 cont'd to 2/14/77 So moved by Comm. Gatto, seconded by Comm. Koenitzer. Motion carried, 5-0 WRITTEN COMMUNICAIIONS: None. ORAL COMMUNICATIONS: None. PUBLIC HEARINGS 1. Application 31-TM-76 of DIVIDEND I~mUSTRIES: T&,~ATIVE MAP to divide 21.3 acres into 57 to 87 single-family residential lots, depending on acquisition of 7.4-acre park site by the City of Cupertino. Said property is located at the northwest corner of the intersection of Alves Drive and Stelling Road. First Hearing. The Director of Planning and Development stated the Planning Commission had already acted upon the rezoning of this property, which will be acted upon by the City Council at their next regular meeting. He then reviewed the Tentative Map proposal. He noted the City has been considering acquisition of an additional 7.5 acres for expansion of Memorial Park. He reviewed two possibilities for access to this property from adjoinin~ neighborhoods. The staff favors vehicular accesS to the park site from Ann Arbor Avenue. Colored slides of the site were displayed on the screen. Map showed 87 individual lots, 57 of which would remain if decide to acquire the 7.5 acres adjoining Memorial Park. This Tentative the City should The Director of Planning and Development answered Chairman Adams that if the 5' easement is approved the City would have the responsibility of maintenance. Property owners in this entire area had been notified of the public hearing on this tentative map. MINUTES OF JANUARY 24, 1977 PLANNING COMMISSION MEETING PC-246 Page 3 Comm. Markkula asked the Planning Director to review the status of the 7.5 acres the City is contemplating purchasing. The Planning Director said the City has met three times with the owner, Mr. Christensen regarding acquisition of this property. The City will own this property within four years. Mr. Dick Oliver, Santa Clara, representing Dividend Properties, said he would prefer to make his presentation after input from the audience. Chairman Adams then asked for comments from the audience. Mr. Don Deucher, President of the Nathanson Homeowners Associatio stated this group had reviewed three tentative maps for the property in question and 31 to 5 were in favor of the one with th "dog leg" on it. They are concerned about a potential crime area with the easement recommended by the City. Mr. Deucher also noted there was not a quorum at their meeting. Comm. Koenitzer asked if the homeowners wanted an easement at all. Mr. Deuchan said it would depend upon how close it would be to the residences. Mr. Peter Jones stated he is an original owner on Rumford, and lives two doors from the proposed easement. He said the 31:5 I vote was to not have any kind of easement. He said it has been proven that easements of this kind seem to become police problem areas. Mrs. Mary Maxwell, 21406 Rumford Drive, original owners of their home, said their choice of lots was primarily because of the access to the park property. They are concerned about the unlighted, no-sidewalk streets leading from the night-lighted tennis courts. Upon completion of the Dividend Homes, she said they would like the easement put in and evaluated. If a problem occurs it could then be closed off. If it is abandoned at this time there is no chance of ever getting it back. Mr. Victor Pickering, Glenbrook Apartments, spoke in favor of the easement. They would prefer to have the plan with the back yards abutting the apartment complex rather than the 5' buffer and then the street because of the windows. They would like to keep the lighting down somewhat also, because of the bedroom windows. Mrs. Connie Deleon said she lives immediately adjacent to this access. She is now against the long, narrow easement because of the potential social problems. Mrs. Frances Scheiman, P~zelbrook Drive, asked if the easement could be lighted and locked at night. She would also like to know if the design of the houses were to be discussed at this meeting. PC-246 Page 4 MINUTES OF J&~ARY 24, 1977 PLANNING COMMISSION MEETI~G ~r. Robert W. Deen stated he purchased his home last March. He was strongly against the easement. His child's bedroom window is right on that side of the house and he could envision light intrusion, loitering, jumping of fences, etc. He said he is happy to see there will be homes where the orchard is now. He would not want his own son to use an easement like the one proposed. Also, he said his back yard would be larger if the easement is abandoned. Mrs. Grace Walsh said she is concerned with North Stelling Road. She is delighted to see single-family homes going in here. She questions the location of the road because of the increased traffic. The Assistant City Engineer said they would like to discourage any additional traffic signals in this area. A signalized intersection here would encourage through traffic to use this area. He has had discussions with the Traffic Engineer about this. From a circulation standpoint, if a signal is warranted it would better serve the entire neighborhood if it were located at Greenleaf Drive. Comm. Gatto said it would make senSe to have a signalized intersection here. Comm. Markkula suggested right-turn-only at this intersection. Barbara Poore, Garden Gate resident, commented on the unbearable traffic congestion in this area. The closest stores are north of th~~ and it is very difficult to make left turns. Also, without traffic signals, cars speed along Stelling Road. Virginia Knopes, 20985 Alves Drive, said she is very concerned about the traffic on Stelling Road. It is overburdened now, and the people in that area wonder how Stelling Road can manage any more traffic. Mr. Richard Oliver, Developer, said they are trying to cooperate and do something here that is economically feasible as well as something that will be a credit to the City. He said their proposal of hip and gable shingle roof homes are of good quality. The owner of this property would like to think everyone is willing to work together. They would rather build homes that back up to the apartment complex than with a street separating them. In regard to Condition 16, he said they have the data without going out and hiring a sound engineer. As to Condition 20, Mr. Oliver asked whether the improvements along Stelling Road southerly to Alves Drive could take place at a later date. As to Condition 21, he said they are trying to shift Lot 87 down as best they can. In regard to Condition 22, he said they have agreed to pay to put in curbs and gutters along Stelling Road to the City tennis courts. He said they are willing to cooperate in any way they can regarding the easement. Chairman Adams asked if there was any consideration given to a straight 4 lanes along Stelling Road instead of tapering it off. This idea was considered but discarded. MINUTES OF JANUARY 24, 1977. PLA}~I~G COMMISSION MEETING Comm. Koenitzer said we should concentrate on getting ~ry Avenue widened. This should relieve some of the traffic along Stelling Road in Sunnyvale where there are just 2 lanes. After further discussion, it was moved by Comm. Koenitzer, seconded by Comm. Blaine, to close the Public Hearing. Motion carried, 5-0 Comm. Blaine commented that she used to think easements were a great idea until she thought of living next door to one. If they are wide enough and do not go along the entire home site they are less objectionable. She feels this easement should be abandoned. Comm. Koenitzer said this 225' easement would be along flat land and there is no major attraction on the other side. He feels there would be some advantage to the easement. If later proven to be a problem it could always be withdrawn. Comm. Gatto stated he prefers to close the easement. Comm. Markkula said he would like to see the easement remain. He would like to see a better polling of the people in that area. He likes the street pattern in ~~hibit A 1st Revision. Chairman Adams said he would opt to close this easement. feels there are problems associated with easements. He In regard to the street pattern, Comm. Blaine would like as many ways as possible to get in and out of this area. would like Ann Arbor to come around the apartments. to see She Comm. Koenitzer also liked Exhibit A 1st Revision. Chairman Adams said he favored the second proposal. Condition 16 was reworded as follows: "The applicant shall utilize no±se attenuating construction methods along the entire frontage of Stelling Road. Said methods shall be utilized in the construction of the fence along said frontage as well as any and all residential structures as deemed appropriate by the standards expressed in Title 25 of the California Administrative Code. Condition 22 was modified to include the requirement that curb and gutter will only be in the area of the ~~isting tennis courts. PC-246 Page 5 PC-246 Page 6 MINUTES OF JANUARY 24, 1977 PLANNING COMMISSION MEETING 31-TM-76 approved Moved by Comm. Gacto, seconded by Comm. Koeniczer Co recommend Co che City Council applicacion 31-TM-76, subjecc Co che 14 scandard condicions, condicion 15, 16 as amended, 17 chrough 21 and 22 as amended, 23, 24 and 25 as proposed in che January 20, 1977 scaff reporC. Findings; AYES: NOES: The Planning Commission makes che following findings: a) That the proposed map is consiscent wich che general and specific plans. b) Thac che design and improvement of che proposed subdivision is physically suicable for chac Cype developmenc. c) Thac che design and improvemenc of che proposed subdivision is consistent wich che general and specific plans. d) That the sice is physically suicable for che proposed dens iCy of development. e) That the design of the subdivision or che Cype of improvemencs are not likely to cause serious public healch problems. f) That the design of che subdivision or che cype of L~provemencs will not conflict with easemencs, acquired by che public ac large, for access chrough or use of, propercy wichin che proposed subdivision. The Planning Commission finds che public is best served if the proposed easemenc is closed off. Comm. Blaine, Gatco, Koenitzer, Markkula, Chairman Adams None MINUTE ORDER: Motion carried, 5-0 Moved by Ccrmm. GaCto, seconded by Comm. Koenitzer co recommend Co che Cicy Council abandonmenc of Ann Arbor Avenue screet right-of-way and a pedestrian easement connecting Rumford Drive Co Ann Arbor Avenue. Motion carried, 5-0 Chairman Adams called a recess at 9 :15 PM. The meeting reconvened ac 9:25 PM. MINUTES OF JANUA..~Y 24, 1977 PLANNnlG COMMISSION 11EETING 2. Application 30-TM-76 of ROBERI NELLIS. POSTPONED. 3. Application 33-TM-76 of RICHARD H. CHILDRESS, ET AL: TENTA- TIVE MAP to subdivide 20.39 acres into six lots. Said pro- perty is located in the Regnart Canyon west of Regnart Road, approximately 2,000 feet southerly of the intersection of Regnart Road and Lindy Lane. First Hearing. The Assistant Planning Director stated this application repre- sents the second step in development of this property. It was previously rezoned t:o Rl-20, with 2.75 acre minimum lot size. The diagram on the bulletin board showed the relat:ionship of this property t:o existing development and access. He noted t:he Cent:ral Fire District is concerned about access. There is t:he potential for access down to Prospect Road through the park property. One member of the Mid Peninsula Regional Park District has indicat:ed that should the Nellis propert:y develop there might be bett:er access down to the Fremont Older property. Comm. Blaine want:ed to know if this development: would be visible from any other parts of t:he City. It was determined that it: would, not be visible from any other part of the City. I The General Plan states the total number of lots should be based on the slope/density formula. This would yield 6 lots. The Assistant Planning Director addressed t:he'mat:tér of the exist:ing vegetation &,possible scarring of the hillsides. From t:he staff's point of view, the present condition of vegetation is quite scarce and this development would cause no appreciable problems here. The staff feels st:rongly that an equitable arrangement can be achieved here. Comm. Koenitzer noted t:here is a large oak at: t:he corner. The Assistant Planning Direct:or said Mr. Childress wants t:o work around that tree. A fire t:ruck was up there recent:ly and was able to negotiate the present turns and gradient. The Assistant Planning Director answered Cornm. Gatto that the geological review was by a private consultant and the City consultant. Percolation studies have been found to be adequate. There were no major problems. The staff felt there was no need for the applicant to have a consultant come to t:his meeting. It is the opinion of the Central Fire District t:hat the present water system, with some upgrading, is adequate to support: t:his dev elopmen t . PC-246 Page 7 PC-246 Page 8 MINUTES OF JA.~ARY 24, 1977 PLAl~NING COMMISSION MEETING Mr. Richard Childress, 22025 Regnart Road,Cupertino, the applicant, explained the layout of the project and hm, they planned to service the area with water~ He stressed that their intent is to keep the canyon low density and rural in nature. They have put in a lot of restrictions in regard to enclosed fences, style and color of house, etc., and all uses of the property are to be reviewed by their private H-Control Committee. The laying out of the driveways will be so arranged so there will not be light intrusion from cars' headlights. At the end of the oublic road, at the Regnart barn, they would make a circle street with native plants in the center rather than making it look like a heliport. They would like to so encumber the lots so they would never be subdivided. It is his belief that this plan fits into the canyon and Inll protect the environment. Jo-Ann Ghalson, 22125 Regnart Road, Cupertino, said she endorsed this proposal and recommended Mr. Childress as a developer. 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 Discussion followed. Comm. Koenitzer said Condition 19 should include existing cuts. Further, Condition 20 should include existing cuts and fills for the roads. He asked that the City take a close look at the existing road to see if just resurfacing is going to be adequate. 33-TM-76 approved Moved by Comm. Gatto, seconded by Comm. Koenitzer to recommend to the City Council approval of application 33-TM-76 with the 14 standard conditions, conditions 15 through 18, conditions 19 and 20 shall include existing cut slopes, and conditions 21 through 27 as in the January 19, 1977 staff report. Mr. Childress cautioned that'on'those banks where there is no planting it is better not to put planting and sprinklers because they could present a hazard. There are some areas ðnat are impossible on which to grow anything. Comm. Gatto added the proviso that in areas where it is inappropriate to plant, the Planning Commission agrees with this decision. Comm. Koenitzer seconded this amendment. Findings: The Planning Commission makes the following findings: a) That the proposed map is consist~~t with the general and specific plans. b) That the design or improvement of the proposed subdivision is consistent with the general and specific plans. MI~roTES OF JANUARY 24, 1977 PL&~NING COMMISSION MEETING c:) That the site is physically suicable for the type of development proposed. d) Thac the site is physically suitable for the proposed density of development. e) That the design of the subdivision or che proposed improvements are noc likely co cause substancial environmencal damage or substantially and avoidably injure fish or wildlife or their habitat. f) That the design of the subdivision or the cype of im- provemencs are not likely to cause serious public health problems nor be injurious co the healch, safety and welfare of the community. g) That che design of the subdivision or the cype of im- provements will not conflict wich easemencs, acquired by the public at large, for access through or use of, property within the proposed subdivision. AYES: NOES: Comm. Blaine, Gatto, Koenitzer, Harkkula, Chairman Adams None Motion carried, 5-0 Comm. Koenitzer commented that the ~~isting roads are in now, but if chey were in the planning stage at this time he is not sure that he would be in favor of accepting them. 4. CITY OF CUPERTINO: GENERAL PLAN AMENDMENT (2-GPA-76): Public Hearing co consider an amendment to the land uSe element of the general plan to redesignace approximately 9.5 acres from planned industrial/professional office to general commercial. Said propercy is located at che north- east corner of the intersection of Tantau Avenue and 5cevens Creek Blvd. First Hearing continued. Upon recommendation of the staff, it was moved by Comm. Gatto, seconded by Comm. Blaine to take application 2-GPA-76 off calendar. Motion carried, 5-0 PC-246 Page 9 2-GPA-76 caken off calendar PC-246 Page 10 6th Draft of Sign Ordinance recommended to City Counc il. MINUTES OF JA1~ARY 24, 197i P~~NING COMMISSION ~ŒETING UNFINISHED BUSINESS: 5. Referral by City Council of Sign Ordinance for Planning Commission Report. Consultant Toby Kramer asked the Commission if there were any questions or comments on this 6th draft of the Sign Ordinance. She referred to her January 20, 1977 memorandum which lists the changes made by the City Council. Comm. Koenitzer recommended the following: Section 8.09.2 - add "per subdivision"a Section 8.10.2 - line 2 -- change f'mayll to TTshallrr, Chairman Adams wondered whether, under "Portable Signs", this would apply to ~'·s with signs painted on them. Ms. Kramer said çhat unless the signs apply to the owners' specific business, this is not restricted. After further discussion of the January 20, 1977 memo, it was moved by Comm. Gatto, seconded by Comm. Blaine to recommend the 6th draft of the Sign Ordinance to the City Council. Motion carried, 5-0 NEW BUSUESS 6. Review of Preliminary Seismic Safety Report. The Director of Planning and Development introduced the City's Geologic Consultant, Mr. Bill Cotton, of Los Gatos. He stated this first review will be more of an introduction and it will be further explored at the last meeting in February. Colored slides were shown. Mr. Cotton said this is a means of getting everybody to a point of appreciating the seismic considerations of this element in the General Plan which has been mandated by the State. He said that in his report he has tried to explain in lay terms what the probl~ms are and then to come to grips with these prob±ems. He noted that Cupertino has fewer problems than most communities in that the buildings are newer and located on stable materials. Japan and South America have overwhelming problems in this regard. Mr. Cotton wanted to address the 4 questions on page 3i of the report. He explained we are located in a seismic belt. Most earthquakes occur in six-year cycles. He went over the slides and his graphs and encouraged comments from the staff; the Planning Commissioners and the public. Forthcoming are a geologic hazards map and a mitigating measures report. He said the City must establish a goal and policies which will mitigate the problems of this hazard. MINUTES OF JANUARY 24, 1977 1'1.MrnUiC COMM1SSlON MRETH1G PC-246 Page 11 Chairman Adams complimented the consultant on his excellent report. Comm. Blaine said it would help if diagrams were placed on top of street maps to more easily identify an area. She noted we have not talked about landslide and dam failure at the same time. She posed the question of what would be the result if the water from the dam is diverted into another channel than the creek. She would like to know what building materials and methods are best to use in this area. Chairman Adams asked if there have ever been law suits against a City for allowing development in hazardous areas. The Assistant City Attorney stated he will do a survey on this. Comm. Blaine asked what the City should do about structures already built as well as new structures. Comm. Gatto had to leave the meeting at this point. He reserved his comments on this report for the next meeting. Comm. Markkula wanted to know the consultant's schedule on this project. Mr. Cotton said he wants to redo the maps and sketches; then he must make recommendations. Hopefully, this can be done within the next two months. Comm. Koenitzer said this is one of the clearest reports he has read on this subject. He said a section on definitions is needed, however. the Director of Planning anQ Development stated this item will be on the February 28th Planning Commission agenda. He will also tr to arrange a City Council/Planning Commission joint meeting on this same subject. REPORT OF THE PLANNING COMMISSION Comm. Koenitzer asked for a staff report on the Williamson Act covering the main points, without going into too much detail. Camm. Koenitzer asked the staff to check on a high dirt bank on Madera Drive where it backs up to Stevens Creek.