PC 11-13-89
CITY OF aJPERI'INO, STATE OF CALIFORNIA
10300 Torre Avenue
OJpertino, CA 95014
(408) 252-4505
MINUTES OF 'mE RmJI.AR MEEI'ING OF 'mE PI1INNING cx:MIISSION
HElD ON NOVEMBER 13, 1989
SAllJIE TO 'mE FI1IG:
'Ihe mee~ was called to order by Cbairperson 1\dams at 7:30 p.m.
ROLL CALL:
Cammissioners Present:
01airman 1\dams
Commissioner Mackenzie
Camnissioner Sorensen
Camnissioner Szabo
Cammissioners Absent:
vice Cbab:1nan Claudy
Staff Present:
Rebert Cowan, Director of Conum.mity Developœnt
I:Orothy Cornelius, city Clerk
Mark Caughey, City Planner
Travice Whitten, Assistant City En;¡'ineer
Marilyn Norlirq, Hcusirq & Services eooroinator
Leslie IDpez, Deputy City Attorney
APPROVAL OF MINUTES:
Regular Meetirq of october 9, 1989 - 'Ihe minutes were corrected. Page 2,
item 2 tentative map should read .8± acres; page 6, Item No. 5
(Application 14-'IM-89) votes should read 4-0, with Canun. Mackenzie
abstainirq .
It was lrOVed by Canun. Sorensen, secorrled by Canun. Mackenzie am passed
unaIÙlIV:JUsly (4-0) to approve the minutes as corrected.
Regular Mee~ of october 23, 1989.
It was lrOVed by Conun. Sorensen, secorrled by Conun. Szabo am passed
unaIÙlIV:JUsly (4-0) to approve the minutes as sul:mri.tted.
RJSTroNEMENI'S :
-None
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PlANNING <n1MISSIœ MINUl'ES
Regular Meetin;¡' of November 13, 1989
WRI'ITEN CXHIONICATIœS
-None
ORAL CXHIONICATIONS
-None
CX)NSENT CAIENI:1AR
-None
roBLIC HF.ARIN:;<;:
Item 1:
Application No(s):
Applicant:
25-U-89
Alexander Cboi
Use Pex:mit to allow reduction of requirej rear yard setback distance for a
solarium, in aexxn:danœ with solar design awroval p:rooedures specified in
section 13 of Ordinance 1449.
FIRST HEARJNG
ENVIRDNMENTAL DEI'ERMINATION: categorically Exel1'pt:
Director of Plannin;J am Developnent COWan informed the Ccmunission that
the solarium is within the 25 foot setback; otheI:wise, no review would be
necessaxy .
It was mved by C'amn. Sorensen, secorrled by C'amn. Szabo am passed
1.1I1allÌJ1rJUSly by those present to close the p..¡blic hearin:J.
It was mved by C'amn. Sorensen, secorrled by C'amn. Szabo am I""·sed (3-1)
with C'amn. Mackenzie d:issent.in:] to awrove the awlication per fin::tings
am con::litions as in the staff report.
Item 2:
Application No(s) :
Applicant:
4-EXC-89
Mark Rathert
Exception to Section 16.28.040(2) of Ord:il1ance 686 to allow placement of
fence on the street side of a corner lot closer than five (5) feet to the
property line.
FIRST HEARJNG
ENVIRDNMENTAL DEI'ERMINATIœ: categorically Exel1'pt:
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PlANNING romssroo MINUI'E'3
ReguJ.ar Meetirq of November 13, 1989
Camn, Sorensen stated that she would not participate in the discussion or
decision because of perceived conflict.
City Planner Mark caughey reviewed his report am the awlication with the
Commission.
Mark Rathert,
Commission that
his fence.
287 Las 0n::1as 0::>1Jrt, larrlscape architect, told the
he did not check the City's ordinance prior to rebuilding
Dave Eberl1ardt, 10320 Las 0n::1as Way, told Carranission that he has the m:Jst
direct view of the fence am urges approval. '!be previous setback had
aCC\J!lUllated trash. He stated there were many other thin;¡s in the
neighborhood that were less attractive an::l m:Jre .inh:ibitin:J of view than
the fence urðer <'Ii "<'J.Ssion.
It was 1I'CJVed by Camn. Szabo, secaOOed by Ccmm. Mackenzie an::l passed
una.nimJusly (3-0) to close the p..¡blic hear~.
It was 1I'CJVed þy Ccmm. Szabo, secaOOed by Ccmm. Mackenzie an::l passed
una.nimJusly (3-0) to approve Application No. 4-EXC-89.
Item 3:
Application No(s) :
Applicant:
lS-U-80 (lIIren:led)
Oksana OkoPnvi
Use Permit to I1XXÜ.fy previously approved Use Permit to allCM a 97o± sq.
ft. addition to an exist~ residential senior care facility.
FIRST HEARING
ENVrnONMEm'AL DETERMINATION: categorically Exen'pt
city Planner caughey reviewed the backgrourxi of the original application
an::l the requested amerrltrent.
Oksana OkDpnyi, San Jose, told Camnission that she had done an upgrading
of the facility when she had p.¡rchased it. '!be residents in the facility
do not drive. CUrrently, there are eight residents. 'Ihere is an on-site
couple that acts as caretakers. '!be garage will be eliminated; the
laurxhy facility will be retained.
It was 1I'CJVed by Ccmm. Szabo, secaOOed by Camn. Sorensen am passed
una.nimJusly (4-0) to close the p..¡blic hearin;¡'.
It was IOCJVed by
una.nimJusly (4-0)
the staff report.
Ccmm. Sorensen, secaOOed by Camn, Mackenzie am passed
to approve the application per <'I i """'JSsion fin:lir:gs an::l
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PI..I\NNING aHlISSIOO MINUI'ES
Regular Meeting of November 13, 1989
Items 4 ani 5:
A¡::plication No(s) :
Applicant:
10-Z-89. l5~-89 ani 34-EA-89
Hanv Gheno
RezonirY:1 of 1.9 gross acres from city of CUpertino Rl-lO (sin;Jle-family
residential, 10,000 sq. ft. minimum lot area), to city of CUpertino Rl-6
(sin;Jle-family residential, 6,000 sq. ft. minimum lot area), or such other
zonirY:1 classification as may be deemed awropriate by the Planning
Commission or City Council.
FIRST HEARING
ENVIRONMENI'AL DEl'ERMINATION: Negative Declaration rec:ommerrled
Application No(s):
Applicant:
2l~-87 (Amerrled) ani 5l-EA-89
ci tv of Cl1Pertino
Tentative Map (Amendment): Amendment of COrxiition 1 of subdivision
2l~-87 to <'Ii...-,,¡ss ani define alternative access configuration(s) for
Hall Court between Blaney Avenue ani Wilson Park, incluð.in:J possible
development of right-turn ingress-egress to Hall Court.
FIRST HEARING
ENVIRONMENI'AL DEl'ERMINATION: Categorically Exempt
Director of CcammJnity Developrnent eor...ran reviewed the awlication ani staff
report with the Ccmuuission. Upon bein;J asked by the Camnission, he stated
that the heritage tree ordinance requested by the City Council should be
ready for review by the en::1 of JUne.
Camrnission <'Ii """'''sed the desire for a tree preservation plan to be in
place prior to issuance of de=lition permits for existin;J buildin;¡s. The
filin;J of a borx:l with the city was also <'Ii"""JSsed.
Ted Wilson, ICier ani Wright civil ~ineers, told the Camnission that he
would like to c::harY:Je the name of Parkside Lane to Gheno Lane. He was
infonned that this would require a p.¡blic hearin;J at this point. Mr.
eor...ran was directed to contact Mr. wilson ~ the procedure for the
street name c::harY:Je.
Gerry steinberg, Los Altos Hills, expressed support for the awlication to
allow for orderly development of the school property.
It was moved by Cœ1m. Szabo, secorrled by Cœ1m. Sorensen ani passed
unanilr£Jusly (4-0) to close the p.¡blic hearin;J.
Following discussion, the Camrnission expressed awroval for 2l~-87 ani
directed that the last sentence of COrxiition No. 14 of the proposed
resolution perta.iniD;J to l5~-89 be re=ved ani that the corxlition be
aJ1'oeIñed to state that a borx:l of $5,000 per tree shall be suJ:mitted to the
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PI.ANNING OH>!ISSION MINUl'ES
Regular Meet1n;J of November 13, 1989
city with a rebate upon 0CC'I1pëU'1Cy of the dwell~(s) . Camnission directad
that the trees listed in that corñition shall be protected before
recorà.:irq the final map or issuaœe of any denx:>lition permit.
It was IIXJVed by Canm. Sorensen, secarxjed by Canm. Mackenzie ani passed
1.1.I1ðlÚlocJUsly (4-0) to awrove Af,plication 34-FA-89 ani reocmnended the
grant~ of a Negative Declaration.
It was IIXJVed by Camm. Sorensen, secarxjed by Camm. Mackenzie ani passed
1.1.I1ðlÚlocJUsly (4-0) to awrove the awlication subject to the fin::lin;rs ani
subconclusions of the hear~.
It was IIXJVed by Camm. Sorensen, secarxjed by camm. Szabo ani passed
1.1.I1ðlÚlocJUsly (4-0) to approve Application 15-'IM-89 subject to the fin::lin;rs
ani subconclusions of the hearin;¡'s as per corñitions 1-13 as presented by
staff; Con:lition 14 arærxled as per ñi"""'lSsion; Con:litions 15 ani 16 as
submitted ani an additional =rrlition which authorizes return of a borxi
upon oc:cu:pancy if the tree is determined to be in healthy corxiition.
It was IIXJVed by Camm. szabo, secarxjed by camm. Mackenzie ani passed
1.1.I1ðlÚlocJUsly ( 4-0) to approve Application 51-FA-89 ani recammerxi the
grant~ of a Negative Declaration.
It was IIXJVed by Camm. Mackenzie, secorrled by camm. Sorensen ani passed
1.1.I1ðlÚlocJUsly (4-0) to approve Af,plication 2l-'IM-87 (Amen:ied).
Item 6:
Application No(s):
Applicant:
6-GPA-89
city of CUPertino
General Plan amerximent to include incentives which foster ani retain
private recreation facilities within the City.
ENVIRONMENTAL DEI'ERMINATION:
1989.
Director of CamlmJni.ty Development Cowan requested that C1Jairperson Adams
appoint a subc::amnittee to meet with a subcammittee of the Parks ani
Recreation camm:ission. Mr. Adams could include þim"""lf in that
subcommittee. It was suggested that a meetin;J be held in the late
aft.ernoon, 4:00 or 4:30 p.m.
Initial Study to be reviewed November 9,
Darwin 'Ihrone, Cricket Hill Road, IÆ!I!Iber of Citizens to Save Cupertino
Recreation, stated that this was not a panacea which would solve the
recreation problems of Cupertino. He asked if the citizens were go~ to
be involved ani would they be included in a \\IOr~ group with Parks ani
Recreation ani the PlaJ1I1.Í1'Yj Ccmnnission.
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PI1INNING CXHITSSION MINUl'ES
Regular Meetin;¡' of November 13, 1989
C1airperson J\dams WoDDed Mr. 'Ihrone that =nsiderations of general plan
amerrlments are p.¡blic hearirçs. '!be two rnnmi "'Sioners fran the varioos
camnissions will cane up with recaI1IIIeIrlations.
Mr. 'Ihrone stated that when the S!,hYmnnittee convenes, members may wish to
invite representatives fran recreation groups.
Ccmu. Mackenzie expressed c:orx:ern regard:Ì1Y,J a.oother layer in the process.
Mr. Caolan stated that he could notify Mr. 'Ihrone when the subcanunittee
meets .
Nancy Burnett, 729 Sterrlahl Lane, inquired regard:Ì1Y,J the schedule of
general plan amen::!ment heariIqs.
'!be Commission was WoDDed that the representatives fran the Parks am
Recreation Commission would be David eoroon am Wally Dean.
Ann Arqer stated that if work was beiIq done on a general plan, it shoold
not have special interest groups at work on it am then have p.¡blic
hearirçs. She urged the Commission to consider a third citizen goal
canmittee incl~ the Cfuunber of Cœunerœ, School District
representatives, DeAnza College representatives, citizens at large, etc.
am not just special interest groups.
O1aiJ:person 1\dams WoDDed those present that even after any subcanunittee
meetings, there is still a p.¡blic process.
Mr. Caolan stated that the subcanunittee's charge was to work cut same
technical details.
Mrs. Arqer would like to see better use of existing facilities, both Mid
Peninsula Regional Open Space areas am Camty open space areas.
John vidovich said that he did not believe this study YlaÙd affect the
DeAnza Racquet Club as it does not seem to speak to buyiIq property.
Recreation areas are usually last because of econanics. He urged the
subcommittee to look at both sides.
It was lOCWed by Ccmu. Mackenzie, seconded by Cœnn. Szabo am passed
unaniJrously (4-0) to continue =nsideration of 6-GPA-89 to the meeting of
December 11 am for O1aiJ:person 1\dams to aPJ.X>int two members to the
subcommittee.
RECESS: 9:05-9:10 P.M.
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PIANNmG <n1MISSION MINUl'ES
Regular Meet.in;J of November 13, 1989
Item 7:
AH?lication No(s) :
AH?licant :
36~-86 (Revised)
DeAnza Properties
Use PeDnit (Revision) to delete ParaÇ¡ra¡:i1 1 of Corrlition 3 (b) of Use
PeDnit 36~-86 (Amerrled) to renove the age restriction on 51 apartment
units an:i to designate ten (10) units within the OJateau CUpertino
Retirenent Developnent for OCC'¡pancy as affordable rental dwellirq units
for senior citizens.
FIRST HEARING
~ DEI'ERMINATION: Categorically Exe:npt
City Planner Mark Caughey presented t"rImmi .....ion with the history of this
request. '!he original age restriction did have an effect on the trip
factor.
Housirq an:i Services Coordinator Norlirq stated that the City Attorney has
not looked at, the specific rec:amnen:1ations; however, the cammittee Jœt
with John vidovich an:i he has agreed with the rec:amnen:1ations.
Mr. vidovich also reviewed the history of events an:i stated that the
current residents do have a corx:ern regardirq the c:œpatibility of the new
tenants with those currently livirq there. He assures them that it will
be all right.
Sally Brennan, 19917 Twilight Court, Director of CUpertino Canu11u11ity
Services, told Cammission that she would like the elderly who currently
live in CUpertino to have the ability to stay in the City if they want
to. '!he proposal before the Commission can make a difference for at least
10 seniors. She, an:i the agency which she directs, want people to fit in
so no one will feel out of place.
Mr. vidovich stated that there currently is a 10% vacancy rate in OJateau
CUpertino. Everyone in the facility is, an:i will be entitled to the same
services so no one will be aware of whose rent is beirq subsidized. He
wants to be sure that all newcomers "fit in".
Grace McNeil, resident of OJateau CUpertino, asked why she an:i other
residents are in the middle of this problem. She expressed the opinion
that openin;J OJateau CUpertino for low-cost housin;¡ would chan;¡'e the
place. "Isn't it goin;¡ to CX)St higher rents for us?" Mrs. McNeil felt
current residents would be asked to oover the difference in the rents
charged.
James Mehre, resident of OJateau CUpertino, objected that the residences
could be subsidized housirq. He stated that current residents had
occupied it as regular housirq.
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PIANNING aHlISSION MINtJI'.ES
Regular Meetin;¡ of November 13, 1989
Eulalia Hauck, resident of O1ateau Q.Jpertino, stated that IOOSt: of the
residents are between the ages of 70 am 90. Many of the residents would
like to be at the meet:i.n3' this evenin;J, but are not ¡:hysically able.
Residents were never told that this would be a subsidizErl place umer HUD;
it doesn't have to be. DeAnza Properties will make up the money some
way. ihose liv:i.n3' there have already had a sizable rent increase within
the year.
Mr. Vidovich verifiErl that three who spoke are current residents of
O1ateau Q.Jpertino. He wants them satisfiErl. Ten W'Ú.ts were chcsen
because that number would not inpact the others in a f:Ì11al'X:ial way.
DeAnza Properties wants a lot of control over who would be chcsen to live
there. '!his is not subsidizErl hous:i.n3'. He is agree:i.n3' to subsidize
certain people's rents. '!his has been done in the past am has not been
noticed. It is iltportant to DeAnza Properties that what is done does not
affect current residents; they are pay:i.n3' the bills.
Sally Brennan stated that HUD guidelines are <Y'IIT1£"'ratively high-$21,OOO a
year for a s:i.n3'le person. She suggested that current residents cc:W.d work
with a ccmunittee, to fom guidelines for acceptaroe to O1ateau CUpertino.
Francis McNeil, O1ateau CUpertino, stated that he am his wife pay $36,000
a year for rent at O1ateau Q.Jpertino ani is against the proposal. Mr.
McNeil stated their rent is $2,945.00 a IOOI1th which is the IOOSt: expensive
in the facility.
Ms. Norl:i.n3' stated that the proposal is not a HUD project, '!he city am
DeAnza Properties would be wor~ thraJgh a non-profit agerx::y which gives
nore flexibility in select:i.n3' the tenant.
Shirley Burg, South DeAnza Circle, ani a volunteer for CUpertino CarmmJnity
services am a member of their board, stated that CCS has worked with
clients am would not want to put a client in an uncomfortable situation
for them or others.
Canun. Maclœnzie suggested that the Camnission continue this item to allow
Mr. vidovich to work with the tenants ani express their concems regardin;J
rates am to allow the development of a mechanism to protect current
tenants .
Mr. vidovich said that all residents had received notice. Prior to the
Camnission meetinJ, a meet:i.n3' had been held with the residents. He did
not believe that this proposal would have an inpact on other tenants
economically. He requested that a decision be made tonight.
Courtenay Heater addressed the Camnission stat:i.n3' that there were actually
two separate issues. '!he rent had been raised recently ani perl1aps two
subsidizErl slots COlÙd be held in abeyance am a small rebate be made to
current residents.
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PIANNING a:HIISSICN MINUl'ES
Regular MeetJ.n;J of November 13, 1989
Eulalia Hauck said that there were many people livin:J in Clateau CUpertino
who are barely gettin;¡' by am they need thœe amenities, so they cannot
move. She expressed corrern ~ the possibility of a private
subsidy: rents bein;¡' raised to pay the subsidy for saneone else to live
in a W1it. Mrs. Hauck stated that few knew about the Camnission meetin:J;
they do not have a tenant I S association to keep residents infonned.
Carran. Szabo stated that he felt there were two issues: 1) Will new people
fit in? 2) will rents go up? He stated that he believed that Mr.
vidovich would lose tenants if the rates go up, so they probably won't.
He felt that rates would be set by the marketplace.
Mrs. Hauck expressed corrern ~ notification am stated that the
residents only heard rum::>rs about this hearin:J \D1.ti1 the last week.
Mr. Vidovich felt that the residents had been notified by the City through
the nonnal process in the CUpertino Scene.
Mr. Cowan told the Carranission that he would check his files. Legally, the
apartment manage;r gets notified, not all of the tenants.
C1Jairperson Adams e¡¡q;t¡asized that Commission's decision would be a
rec:orranen::1ation to Council. Council's consideration was tentatively
scheduled for their meetirg of November 20, 1989.
It was moved by Carran. Mackenzie, seoarded by Carran. Sorensen am passed
t.1l1aIÚ1rously (4-0) to close the p.¡blic hearirg.
Carran. Szabo suggested that durirg the next week, the residents, John
Vidovich, Sally Brennan, am Marilyn Norlirg meet.
Carran, Mackenzie expressed continued corrern regardiry;J rent protection am
stated he would vote "no".
C1Jairperson Adams stated he would vote in favor of it as it will then move
on to Council. He stated that he believes that the major problem is one
of CCIlTIIlUJIIication.
It was moved by CamIn. Szabo, seoarded by Carran. Sorensen am passed (3-1)
with Carran. Mackenzie dissentin;¡, to recx:mnen::1 approval of Application
36-U-86 (Revised) as per staff report.
NEW BUSINESS
8. Staff requests to amen:i zon.irq Ordinance 1050 to include procedures to
review sin:Jle-family residential projects.
It was moved by Carran. Mackenzie, seoarded by Carran. Sorensen am passed
t.1l1aIÚ1rously (4-0) to authorize the Plëll'1l1in1 staff to initiate a p.¡blic
hearing to amen:i Ordinance No. 1050 per staff report.
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PIANNING CXfo!MISSIΠMINU1'ES
ReguJ.ar Meet::\.n;J of November 13, 1989
9. Selection of P1anni.n;J Camnission representative to the Environmental Review
Cammittee .
By consensus, Caran. Mackenzie was appointe:i to the Envirornoontal Review
Committee.
REroRI' OF '!HE PIANNING CXfo!MISSIŒ:
'Ihe Commission ñi"('l'ssed the recent purchase of Val1co property by Tan::iem
Cc:mp..1ter .
REroRI' OF '!HE PIANNING DIRECI'OR:
-None
DISaJSSION OF NEWSPAPER CLIPPINGS:
The Ireet:i.rq was adjourned at 10:30 p.m.
Approved by the P1anni.n;J Camnission
At the Regular Meet:i.rq of JanuaJ:y 22, 1990.
ill~~ ~ \h, M"wu
victor , Chainnan
Attest:
~.~
Do ~us, City Clerk
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