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PC 07-12-76 ", CITY OF CUPERTINO, STATE OF CALIFORNIA l0300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JULY 12, 1976, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Vice-Chairperson Cooper called the meeting to order at 7:32 PM with the Salute to the Flag. ROLL CALL Coum. present: Coum. absent: Koenitzer, Woodward, Chairperson Cooper Gatto, Chairman Adams Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian APPROVAL OF MINUTES Minutes of Regular Meeting of June 28, 1976. Moved by Comm. Koenitzer, seconded by Comm. Woodward, to approve the Minutes of June 28, 1976, as submitted. Motion carried, 3-0 POSTPONEMENTS: None. WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: None. PC-23l Page 1 6/28 Minutes approved PC-23l Page 2 MINUTES OF THE JULY l2, 1976, PLANNING COMMISSION MEETING PUBLIC HEARINGS l, Application l6-Z-76 of THOMAS B. MAYBO: REZONING approximàtely 0.20 acre from P (Planned Development with residential, multiple- family use intent) to R2-4.5 (Residential, duplex, 4,250 sq. ft. per dwelling unit) or whatever zone may be deemed appropriate by the Planning Commission. Said property is located southerly and adjacent to Rodrigues Avenue adjacent to Cupertino City Hall. First Hearing. The applicant was not present at this meeting, although he had been apprised of this public hearing. The Assistant Planning Director described the proposal. This property was a part of the 1963 Town Center Plan. However, Rodrigues Avenue was offset around the creek when the apartment complex at Rodrigues and Blaney Avenues was developed. Technically speaking, this property is large enough to accommodate a duplex, but it appeared that the staff would recommend a variance. Since the applicant was anxious to proceed, the staff recommended action on this rezoning application at this time rather than consider the variance and rezoning concurrently. This property is presently zoned PD with a particular plan in mind. There was some discussion of whether or not it would be more appropriate to amend the PD and require a new use permit. Moved by Comm. Woodward, seconded by Comm. Koenitzer to close the public hearing since there were no comments from the audience. Motion carried, 3-0 l6-Z-76 approved Moved by Comm. Koenitzer, seconded by Comm. Woodward to recommend to the City Council approval of application l6-Z-76. Motion carried, 3-0 2. CITY OF CUPERTINO: Hearing to consider establishing a new RJ high density, multiple-family residential zone relating to density, setbacks, permitted uses and other developmentcstandards; and the repealing of existing RJ-2.2 and RJ-2.7 multiple-family residential zones. First Hearing. The Assistant Planning Director, noting the ,sparse audience at this meeting, stated that it was anticipated there would be audience partici- pation at this public hearing. MINUTES OF JULY l2, 1976, PLANNING COMMISSION MEETING PC-23l Page 3 The Assistant Planning Director pointed out that the present R3 zoning on the hillside property adjacent to the Oak Knolls Rl development has been there, vacant, for a number of years. Evidentally, the Rl homeowners were not aware of this zoning, and as the R3 is now developing a privacy problem is being created. With this in mind, the staff has prepared a draft R3 ordinance for study by the Planning Commission. The July 8th staff report de- scribed the important points to be covered. Comm. Koenitzer noted the omission of the definition of the term "visual intrusion". Camm. Woodward wanted to discuss sections 8, 9 and 10. In addi- tion to setting standards for privacy intrusion, he felt the ordinance should give the Architectural and Site Approval Committe the latitude to require minimization of privacy intrusion. One of the problems is that if every specific type situation isn't covere , then a loophole would be created. In the hills, it is virtually impossible to protect everybody's back yard from visual intrusion. Camm. Koenitzer felt design criteria would be very important; e.g. a balcony on a second story structure that is already uphill from its neighbor would seem inappropriate. Chairperson Cooper said she would like the ordinance to include some specific examples of solutions to the problems introduced. She added that a concrete definition of privacy and the amount of privacy is also needed. The individual being intruded upon has some responsibility for protection of his privacy, such as the planting of tall shrubbery, etc, The Assistant City Attorney answered the Chairperson that we would have to be very specific in regard to a definition of privacy intrusion. Comm. Woodward suggested that perhaps the problem could be handled via a PUD. Chairperson Cooper asked for comments from the audience. Counc. Dan O'Keefe said he felt it would be fair to ask the developer for his plans. It is important to protect the neighbor- hood. What we are doing on one street will have a tremendous impact upon the rest of the city, Mr. Paul Herdman, 10397 Vista Knoll, said he is caught in the middle of this privacy intrusion problem. He believes the solu- tion lies in the enactment of an effective ordinance. He said we have a fine city now and we need to work hard to keep it that way. PC-23l Page 4 MINUTES OF JULY 12, 1976, PLANNING COMMISSION MEETING Chairperson Cooper believes a developer's preliminary plan should include density and setbacks. Comm. Woodward said it should also include a cross-section of slopes. The Assistant Planning Director recapped the items the Commissioners would like the ordinance to include: the conceptual plan submitted to the Planning Commission should include density and setbacks. Privacy must be defined. Examples of design solutions should ðe included. There should be a description of what type of plans will be required. The Architectural and Site Approval Committee should review the matter of privacy intrusion. Comm. Woodward would also like the ordinance to include allowance of off-site design or landscaping to mitigate privacy intrusion. The Assistant City Attorney said a contract might be the vehicle by which maintenance of this sort of solution could be accomplished. R3 Ord. review Moved by Comm. Woodward, seconded by Comm, Koenitzer to continue the cont'd to 9/9, public hearing on the draft..R3 ordinance. to August 9, 1976. Motion carried, 3-0 UNFINISHED BUSINESS 3. Application l-Z-76 - City of Cupertino: Referred to Planning Commission for report. The Planning Director recapped the background on this proposal. The density is 54 under the old formula and 39 under the new formula. The Council expressed concern wibh the plan wording which stipulate a single-family residential cluster development pattern. feeling that it the land use pattern should not be so restricted. The suggested change in wording is underscored in the July 8, 1976 "Conceptual Zoning Plan for the ''Taubman'' Property". Comm. Koenitzer said that although Condition 2 E is desirable, he felt it would be extremely difficult to control. He said he would not like to see a solid wall around this property. He wanted to know what the City's plans were in regard to an open space corridor along Heney Creek. The Planning Director said the intent here is that it will be maintained naturally. Comm. Koenitzer said he would not like to see any structures at the very top of the knoll. MINUTES OF JULY 12, 1976 PLANNING COMMISSION MEETING Moved by Comm. Woodward, seconded by Comm. Koenitzer, to advise the City Council that the Planning Commission has reviewed the updated plans and recommends the revised conceptual zoning plan for the "Taubman Property", dated July 8, 1976. Motion carried, 3-0 NEW BUS INESS 4. Review of Midpeninsula Regional Park District Master Plan. The ~irector of Planning and Development said the major point of the recent joint meeting was discussion of the open space acquisi- tion policy for guiding urban form. This was also covered in the City's general plan work. He said some statement is now needed fram the Planning Commission, Mr. Herb Grench, General Manager of the Midpeninsula Regional Park District, said the District sees the action on the part of the City of Cupertino as helpful, Comm, Woodward said the District can protect the cities with grade corridors. The City must be concerned about utilities and access. It will take a lot of close cooperation between the two entities. Chairperson ,Cooper said that only with joint effort can we came up with campatible plans. Comm. Koenitzer said the problem is not so much outside the urban service area as within it. You can't take pieces out of it with- out examining the consequences of this action. Moved by Corom. Woodward, seconded by Carom. Koenitzer to recommend that the City Council inform the Mid Peninsula Regional Park Dis- trict that as a part of the acquisition policy statement concernin open space for guiding urban form that an additional policy be provided that requires coordination with the local jurisdictions who have general planning powers relative to the location of futur acquisitions. AYES: NOES: ABSENT : Comm. Koenitzer, Woodward, Chairperson Cooper None Corom. Gatto, Chairman Adams Motion carried, 3-0 PC-231 Page 5 7/8 Conceptual Plan for Taubma: property approved Coordination requested of ffi'Rl'D -231 ge 6 tion to wo-ck osely with RPD. " MINUTES OF JULY 12, 1976 PLANNING COMMISSION MEETING 5. Request fo-c gene-cal plan conformity statement fo-c open space acquisition outside of the Urban Service Area. Midpeninsula Regional Park District. After discussion, it was moved by Comm. Wood"a-cd, seconded by Comm. Koenitze-c that the Midpeninsula Regional Park District be informed that the Planning Commission finds that future land acquisitions by the Midpeninsula Regional Park District outside the Urban Se-cvice Area is in conformance with the adopted General Plan of the City of Cupe-ctino and the-cefore a blanket app-coval fo-c such land acquisitions is he-ceby given. Additionally, it is understood that the staffs of both agencies will wo-ck closely in keeping one another p-coperly informed as to any future acquisitions. Motion carried, 3-0 ~, 6~ Discussion of General Plan Consolidation P-cogram. The Assistant Planning Director said the staff's July 7th memo on this matter was written as an informational memo. Although the City of Cupertino has data regarding ci-cculation, there is no adopted policy as yet. Comm. Koenitzer would like input f-com the Parks and Rec-ceation Commission and from the H-Control Committee. \ REPORT OF PL&~NING COMMISSIONERS: None. REPORT OF PLANNING DIRECTOR: None ADJOURNMENT Chairperson Cooper adjourned this meeting at 9:42 P.M. APPROVED: ~~ft â ~ Ju A. Cooper, Chair oman ATTEST: Wm. E. Ryder, City Clerk