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PC 03-08-76 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-450S MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MARCH 8, 1976 IN THE COUNCIL C~~ER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman Gatto called the meeting to order at 7:35PM with the Salute to the Flag. ROLL CALL Comm. present: Cooper (7:40), O'Keefe, Woodward, Chairman Gatto Comm. absent: Adams Staff present: Director of Planning and Development Sisk Assistant Planning Director Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten APPROVAL OF MINUTES This was postponed until later in the evening, since only three Commissioners were present at this time. POSTPONEMENTS Item us - Application 6-Z-76 of MAY INVESTMENT COMPANY. The Planning Director stated the applicant needs additional time to work on the grading plans, etc. There is the possibility that this may be taken off calendar. Moved by Comm. O'Keefe, seconded by Comm. Woodward to continue application 6-Z-76 to March 22, 1976. Motion carried, 3-0 WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: None. PC-220 Page 1 6-Z-76 cont'd to March 22nd PC-220 Page 2 MINUTES OF THE ~ÀRCH 8, 1976 PLANNING COMMISSION MEETING PUBLIC HEARINGS 1. Application l6-Z-75 of EDMUND F.. SCHNIEDERS, JR.: REZONING approximately 8.5 acres from CG (General C~ercial) to R1C' (Residential, single-family, cluster, 12 units per gross acre) zone or whatever Zone may be deemed appropriate by the Planning Commission. Said property is located at the northwest corner of the intersection of Saratoga-Sunnyvale Road and Homestead Road. First Hearing continued. The Assistant Planning Director identified the property on the aerial photograph. He referred to details in the March 5, 1976 memo from the Planning Director in regard to this application. This parcel is adjacent to the Forge property currently in the Williamson Act to the west, multiple-family housing to the north and the east, and the Payless Shopping Center to the south. The staff report addresses the need for a sound wallar sound flanking when this property is developed. The Assistant Planner next displayed on the screen a series of colored slides of this and adjacent properties. The mature trees on the property will be maintained. A condition was attached to the staff's recommendation for approval which requires planting along the fence line to provide privacy protection for Sunnyvale residents. Another factor introduced by the Planning Department is the opportunity for people to look out of the upstairs window into the adjacent private yard within the development. However, the developer has, through staggering of the structures, successfully minimized this problem. The use of single story units adjacent to driveways helps to mitigate the canyon effect. The Assistant Planner next reviewed the site plan on the bulletin board. He pointed out those units that will be noise impacted and thosé units that will have visual privacy intrusion. The City has a well at the northeast corner of this property, and a 20' wide clearance is needed for the equipment to get back there for maintenance. It will have to be accoustically isolated. The Assistant City Engineer said the utilities will have to be under- grounded. Mr. Ed Schnieders, the developer, said they have worked closely with the Planning staff and have tried to meet with the constraints placed upon the property. He said it is their intention to show landscaping at each entrance, which will break up the appearance of the street. MINUTES OF THE ~~CH 8, 1976 PLAJillING COMMISSION MEETING In regard to the requirement of double windows, Mr. Schnieders said he has been advised there is a manufacturer with a single or double glazing of the glass that will meet the standards. It is his opinion that there is a simpler solution to the sound problems than has been recommended. PC-220 I Page 3 i I The developer is anticipating FHA approval for these units. If ~ not, there is conventional financing available. The Assistant Planning Director said automatic garage door opener should be required where the driveway is less than 20' long to avoid having a car left partially in the traveled lane. Mr. Schnieders said we are talking about $l50 for the roll-type garage door and another $l50 for the automatic openers. He said he would be willing to accept this condition, even though it will add to the cost of the units, because it will improve the looks of the overall development. Mr. Schnieders answered Comm. Cooper that it is not their intentio to fence any area other than the pool area. Chairman Gatto asked for comments from the audience. Mr. Otis Forge, 20691 Homestead Road, Cupertino, stated his is th ranch that is in the Williamson Act, just west of this project. He asked what kind of barriers will be provided to keep the kids out of his orchard. Not only is he concerned about the condition of his orchard but also about the liability. Mr. Schnieders pointed out that the common area does not touch the adjacent property. There will be a 6' staggered wood fence. Mr. Yorge contended that a wood fence would not be adequate and he asked that a solid masonry wall be constructed instead. Mrs. Forge, 2069l Homestead Road, Cupertino, said their orchard is an "attractive nuisance" for the children, and she does not mind if they come and pick some of the cherries. But she does I object when they come in the middle of the night. Also, they have beehives, and tnis presents a potential problem. Mr. Forge added that some youths with BB guns had hit some of his ranch workers. He said the solid masonry fence would keep the ranch noise away from the residences. Further, it would keep the spray away from the residences. Mr. Richey, 546 LaConnor Drive, just north of this development, said that when these units are constructed he will be looking directly at 2-story units just 20' from his property. This will infringe on his privacy. He answered Chairman Gatto that his fence is 35' from his structure. PC-220 Page 4 MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING Mrs. Clara Wickman, 530 LaConnor, stated there is a l' difference in elevation between the properties, which makes it easier for the children to climb over the fences. Mr. Walter G. MacFatti, 1640 Albatross Drive, Sunnyvale, said he lives to the east of this property. He asked what the land coverage is with this plan. He questioned whether the fire department could get their equipment in there. The Assistant Planning Director said the project has been reviewed by the Fire Marshall. There are 106 individual homes, two-story, attached, into groups of 4 to 6 units per structure. Each unit will have a 2-car garage and 2 or 3 parking spaces as well. There is a total of 380 parking spaces. Mr. Otis Forge stated that thousands of yards of rocks, etc., have been dumped on this property. He does not want them dumped, in turn, onto his property. Further, he wants the height of the fence measured from the highest side. Mr. Schnieders answered Carom. Cooper that the property is relatively level. He believes some of the problems stem from the fact that the land is vacant at the present time. They will screen with landscaping along the north property line. Comm. Cooper suggested pyracantha be incorporated into the landscaping. It is very effective in keeping children off the fence. Mr. Richey said he is less concerned about the loss of his view than he is about the two-story units immediately behind him. He asked if the developer would consider single-story units directly behind him, on the basis that the original zoning called for 8 units per acre and this developer is getting 12. Mr. Schnieders answered that there is not enough square footage to allow a livable single-story unit there. Mr. Forge wanted to add the remark that he felt the developer under- estimates the amount of material dumped on this property. Moved by Carom. O'Keefe, seconded by Comm. Cooper to close the public hearing. Motion carried, 4-0 Comm. Cooper felt that, generally speaking, the developer was doing an admirable job. She suggested again that pyracantha be planted along the Forge property line. Comm. O'Keefe said he is not satisfied with the project. He feels the density is too intense. He said he was going to abstain on the vote and, thus, will have the opportunity to vote on it at the City Council level. Chairman Gatto added that the intensity was consistent with the General Plan. MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING PC-220 Page S Chairman Gatto said the intent of the City is to allow lower- priced units to fill a need of the City. Generally, the project was acceptable to him. Some of the problems can be worked out with the staff. He made a few suggestions to help minimize the privacy problems. He suggested an 8' solid wall be placed to block off the view of the roadway. Comm. O'Keefe cOllDnented that when you expand to 12 units per acre you get a different type of community. Moved by Comm. Cooper, seconded by Comm. Woodward, to approve application l6-Z-76 with the 14 standard conditions, 15, 16 ana 17 as written in the staff report, 18 as modified, 19 through 26 as in the staff report, 27 as modified, and the addition of conditions 31 and 32. l6-Z-76 ap1?roved (PC Res lS02) AYES: Comm. Cooper, Woodward, Chairman Gatto NOES: None ABSTAINED: Comm. 0 'Keef e ABSENT: Comm. Adams Motion carried, 3-0-1 Comm. Cooper commented that it is about time something is approved that sells for less than $85,000. 2. Application 3-Z-76 of GOOD SAMARITAN UNITED METHODIST CHURCH: REZONING 1.6 acres from Al-43 (Agricultural-Residential, single-family, l-acre lots) to BQ (quasi-Public Building) Zone or whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southeast corne~ of the intersection of Homestead Road and Linnet Way. First Hearing continued. The Planning Director recapped the first public hearing on this application. He then reviewed the March 5, 1976 staff memo on this application. Architect Warren Gilbert indicated they have restudied the height of the multipurpose building. They have lowered it and changed the character of it somewhat. He said he has read all the condi- tions of approval recommended by the staff and he accepted them. Comm. Woodward asked what elimination of the patios in favor of parking would do to the architecture. Mr. Gilbert said nothing changes except it moves the parking somewhat closer to the building. PC-220 Page 6 3-Z-76 approved (PC Res lS03) MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING Mr. Gilbert answered Comm. Cooper that they will consider lowering the Sanctuary 2-4' and they would like to have this flexibility. It is now 34' high to the base of the spire. Chairman Gatto asked for comments from the audience. Since there were none, it was moved by Comm. Woodward, seconded by Comm. Cooper to close the public hearing. Motion carried, 4-0 Chairman Gatto suggested the H-Control review the landscaping with the idea of planting of all the trees,,',if feasible, at one time so they will have as much time as possible to mature. Comm. Cooper said she is still concerned about the mass of the large building and would like to include a condition to adjust the height and mass of the building but not the square footage inside. It should be scaled more appropriately with the adjacent buildings. The undulation of the roof made it appear to her to be more massive. Comm. O'Keefe said he does not believe he can tell the Good Samaritans how to design their church. Mr. Gilbert said the windows and the up-and-down roof takes away from the mass of the building. As they get into the working drawings they will lower the roof somewhat without destroying the style they have created. Comm. Woodward said the east elevation was not on the bulletin board. He said the decrease in the height of the multipurpose room was a gr eat improvement. Moved by Comm. Woodward, seconded by Comm. Cooper to recommend to the City Council approval of application 3-Z-76, subject to the 14 standard conditions and lS through 19 in the staff report. AYES: Comm. Cooper, Woodward, Chairman Gatto NOES: None ABSTAINED: COIDIn. O'Keefe ABSENT: Comm. Adams Motion carried, 3-0-1 MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING 3. Application 3-TM-76 of JOHN W. HAYNES: TENTATIVE MAP combine 0.2+ acres into one parcel. Said property is at the southeast corner of the intersection of Lomita Pasadena Avenues. First Hearing. to located and The Assistant Planning Director located the property on the aerial photograph. He referred to details in the March 4, 1976 staff report on this application. The General Plan designation for this property is 4.S. Mr. John W. Haynes, the applicant, said he wished to combine these two lots because they are worthless unless they are combined. He wants to put a triplex on the property, for which it is zoned. Hoved by Comm. Woodward, seconded by Comm. Cooper to close the public hearings since there were no comments from the audience. Motion carried, 4-0 Moved by Comm. Cooper, seconded by Comm. Woodward to approve application 3-TM-76 with the 14 standard conditions. AYES: Comm. Cooper, Woodward, Chairman Gatto NOES: None ABSTAINED: Conm. O'Keefe ABSENT; Comm. Adams Motion carried, 3-0-1 4. Application S-Z-76 of MINORA TOGAMI: PREZONING 0.2+ acres from Santa Clara County Rl-6 (Residential, single-family, 6,000 sq. ft. per dwelling unit) to City of Cupertino Rl-7.5 (Residential, single-family, 7,SOO sq. ft. per dwelling unit) zone or Whatever zone may be deemed appropriate by the Planning Commission. Said property is located at the southwest corner of the intersection of Orange and Dolores Avenues. First Hear ing . The Assistant Planning Director explained this property is directly across the street from the Ponderosa development. It is entirely consistent with the General Plan. The applicant was in the audience, but declined to comment. Mr. Vern Kendall, 21746 Neunan Court, asked about the terminology of "4." The Assistant City Attorney advised the phrase "or whatever zone may be deemed appropriate..,. ." provides flexibility during the public hearing. PC-220 Page 7 3-TM-76 approved (PC Res.lS04) PC-220 Page 8 5-Z-76 approved (PC Res .1505) MINUTES OF THE ~\ARCH 8, 1976 PLANNING CO~lISSION NEETING Since there were no further comments from the audience, it was moved by Comm. Cooper, seconded by Comm. HoodlOard to close the public hear ing. Motion carried, 4-0 Moved by Camm. Woodward, seconded by Comm. Cooper to recommend to the City Council approval of application 5-2-76. AYES: Comm. Cooper, Hoodward, Chairman Gatto NOES: None ABSTAINED: Comm. O'Keefe ABSENT: Comm, Adams Motion carried, 3-0-1 Chairman Gatto called a recess at 9:30 p.m. The meeting reconvened at 9 :45 p.m. 5. Application 6-2-76 of MAY INVESTMENT COMPANY At the beginning of the meeting this application was continued to March 22, 1976. 6. Application 7-2-76 of MEASUREX CORPORATION: PREZONING 2.0~ acres from Santa Clara County ML (Light Industri~l) to City of Cupertino ML (Light Industrial) zone or whatever zone may be deemed appropriate by the Planning Commission. Said property is generally located adjacent to and easterly of Imperial Avenue between Granada and Olive Streets plus one parcel located in the northwest quadrant of the intersection of Lomita and Imperial Avenues. First Hearing. The Assistant Planning Director identified the property on the aerial photograph. In terms of the General Plan, it is entirely consistent with the City's existing General Plan. He said the primary issue here concerns existing industrial buildings representative of this Va1ley's past. The staff recommended a minute order proposing a moratorium be placed on the destruction of these buildings within the City of Cupertino that may have some historical significance. The economics must be studies as to whether or not Measurex could function with these buildings on the property. Also, it must be checked to see whether these buildings meet the Building Code. MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING Comm. Woodward was answered that Measurex would have to have H-Control review in the event they chose to extend their road through to Imperial Avenue. The Assistant City Engineer said Engineering Department would also have to study it. on the Measurex Plant Engineer Wes Burgin, One Results Way, Cupertino, said the property was purchased from Mrs. Woelfel last fall. Of the seven acres, five have already been annexed to the City of Cupertino and the the other two are in the process. He said the cannery was build in 1927, and the warehouse was built in the 1940's. At the present time, they do not plan to do anything wit the cannery buildings. It will be in the early to mid 1980's before they do anything with this property. There were no other comments from the audience. Moved by Comm. Woodward, seconded by Comm. Cooper to close the Public Hearing. Motion carried, 4-0 Moved by Comm. Cooper, seconded by Comm. Woodward to recommend to the City Council approval of application 7-Z-76 as recommended by the staff. AYES: Comm. Cooper, Woodward, Chairman Gatto NOES: None ABSTAINED: Comm. O'Keefe ABSENT: Conun. Adams Motion carried, 3-0-1 Comm. Cooper said it would behoove the City to take a look at what historical buildings are left in the City of Cupertino. PCZZO Page 9 7-Z-76 approved (PC Res. lS06) MINUTE ORDER: The Planning Conunission recommends the City Council (PC Res. lS07) enact an interim ordinance to prohibit the demolition of any structure until review and adoption of an Historical Element to the General Plan and the Historical Zoning District. It is fur the recommended that same interim zone include an appeal procedure for the owner of the affected property. The Planning Commission recommends the City Council enact a procedure to allow review prior to all demolition permits issuance. PC-220 Page 10 S-TM-76 approved (PC Res. lS08) MINUTES OF. THE MARCH 8, 1976 PLANNING COMMISSION MEETING 7. Application S-TM-76 of 1. K. ISHI¥.ATSU: TENTATIVE MAP to subdivide 2.8± acres into sixteen single-family residential lots with one lot containing existing single-family residence. Said property is located adjacent to and westerly of Finch Avenue approximately 360' southerly of the intersection of Sorenson Avenue and Finch Avenue. First Hearing. The Planning Director referred to the March 4, 1976 staff memo on this matter. He noted there seemed to be some variation between the tentative map and the fence line, so the staff suggested these lines be redrawn so the fence line will not extend beyond that property improved on the zoning plan; per Exhibit B. Mr. Ken Iwagali, of Allied Engineering, stated he has gone over the plans with the staff and has no objections to the staff's recommendations. Moved by Carom. O'Keefe, seconded by Carom. Cooper to close the public hearing. Motion carried, 4-0 Moved by Carom. Woodward, seconded by Comm. Cooper to recommend to the City Council approval of application S-TM-76 in accordance with the staff recommendation. AYES: Carom. Cooper, Woodward, Chairman Gatto NOES: None ABSTAINED: Comm. O'Keefe ABSENT: Comm. Adams Motion carried, 3-0-1 8. Application 4-TM-76 of SANDIS & ASSOCIATES: TENTATIVE MAP to adjust lot lines between two parcels and to legaliza a land transfer between two adjoining propertiés. Said property contains 1.lS acres and is located northwest of Mt. Crest Drive and south of Linda Vista Drive. First Hearing. The Planning Director reviewed the proposal. Mr. Peter L. Huttlinger, of Sandis & Associates, stated he had read the staff report and agreed with it. Chairman Gatto asked for comments from the audience. MINUTES OF THE MARCH 8, 1976 PLANNING COMMISSION MEETING Mr. Jim Hall, 11201 Santa Teresa Drive, Cupertino, wanted to know specifically where this property is located. The Planning Direc- tor pointed it out on the tentative map and explained the basic issues. There were no further questions. Moved by Comm. Woodward, seconded by Comm. Cooper to close the public hearings. Motion carried, 4-0 Moved by Comm. O'Keefe, seconded by Comm. Woodward to approve application 4-TM-76 in accordance with the staff recommendation. AYES: NOES: ABSENT: Comm. Cooper, O'Keefe, Woodward, Chairman Gatto None Comm. Adams Motion carried, 4-0 APPROVAL OF MINUTES Moved by Comm. O'Keefe, seconded by Corom. Woodward to approve the Minutes of February 23, 1976, as submitted. Motion carried, 4-0 Moved by Carom. O'Keefe, seconded by Carom. Cooper to approve the Minutes of February l8, 1976, as submitted. Motion carried, 4-0 UNFINISHED BUSINESS: None. NEW BUSINESS: None. REPORT OF PLANNING COMMISSIONERS Carom. O'Keefe said goodbye to the Commissioners. The Commissioner said they hope to send him food for thought while serving as a Council Member. REPORT OF. PLANNING ,DIRECTOR; None. ADJOURNMENT Chairman Gatto adjourned this meeting at lO:24 PI! to 7:30PM on Thursday, Maré:h' 11, 1976. ATTEST: ~PROA: ~M. (_C irman C1~P PC-220 Page 11 4-TM-76 approved 2/23/76 Minute, approved 2/18/76 Minute, approved