PC 03-23-82
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014-3255
Telephone: (408) 252-4505
PC-379
Page 1
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON MARCH 23, 1982 AT KENNEDY JUNIOR HIGH SCHOOL
MULTI-PURPOSE ROOM
CUPERTINO, CALIFORNIA
The'meeting was called to order at 7:33 p.m.
SALUTE TO THE FLAG
ROLL CALL
Commissioners Present: Adams, Binneweg, Blaine, Koenitzer, Chair-
person Claudy
Staff Present: Director of Planning and Development Sisk
City Clerk Cornelius
Director of Public Works Viskovich
Director of Parks and Recreation Dowling
Assistant Planning Director Cowan
City Attorney Kilian
Approximately 90 people were present.
Chairperson' Claudy stated ground rules for the hearing. Issues other
than general traffic were to be discussed. If there is a project,
what will it be like? Issues to be considered are the Fremont Open
Space Preserve access, the possibility of a fire station and a proposed
location för it, the nature of the development - intensity, a park,
and on-site traffic circulation.
Assistant Planning Director Cowan presented slides touching on the
issues. They demonstrated site plan changes that have evolved over
the last six months or so.
Mr. Jim Jackson, representing lnterland Development Co., introduced
Mr. Claude Stoller, architect for the proposed development. Mr.
Stoller stated that the plan was originally developed in 1978 for Mrs.
Lyddon and was specifically designed for energy efficiency.
Mr. Jackson stated that the density was less than that of surrounding
areas and the proposed buildings were well situated on the site.
Paul Sonnenblick, Upland Way, presented transparencies to the Com-
mission. He requested that the Commission consider the impact of the
project on the environment and stated that traffic was a part of the
environment. He asked how the proposed development integrates with
existing development on Upland Way and Rainbow's End. He requested
that if the Commission wished to cut the density, they should remove
the six units from the southwest hillside.
Questions from the Planning Commission followed regarding lot sizes
in the general area.
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MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
Mr. Sonnenblick stated that his particular lot and the lot behind him
were a little less than half an acre. Lots south on Upland were one
acre. He stated that some were pre zoned hillside density.
Com. Koenitzer asked if the west part of Upland Way did slope up. Mr.
Sonnenblick stated that his particular lot does have a gradual slope.
Donald Senuta, 1249 Weymoth Drive. stated his understanding that
there was an earthquake fault near the particular property of the
proposed development.
Chairperson Claudy stated that there was a fault on the riparian
easement.
Mr. John Rakich, Upland Way, said that the Monta Vista Fault is essentially
the Riparian Fault. The EIR also mentions a Shannon Fault of which
he was not aware. He stated, in regard to Mr. Jackson's remark
regarding density transfer, that no ODe can predict what a future
Planning Commission or City Council will do about any open space left.
He requested that the units in the hills not be transferred to the
flat area.
Mr. Gerry Pressman, Rainbow Drive, stated his feeling that the
number of houses is too high. He requested that the Commission con-
sider the impact they will have on existing homes.
Mr. Stan Koslowski, Stelling Road, stated that costs of housing in
the area are already prohibitive and he felt that the prices of the
proposed homes would not change much with a lower density. He felt
few could afford to buy anyway. Benefits from lower density would be
fewer cars and fewer people.
Jim Jackson stated that there would be a dedication of development
rights on the forty acres where there has been a density transfer.
This dedication would be to the public so there would be no future
development in the hills.
City Attorney Kilian said that the granting of development rights
was enforceable but could be abandoned by future councils.
Mr. Jackson stated then they could dedicate to another entity and it
not be abandoned. The City Attorney informed Mr. Jackson that it
could still be abandoned and that people have the best chance to stop
a City Council rather than a private entity. He knew of no way to put
in it perpetuity.
Kathy Nellis, 22322 Regnart Road, expressed the opinion that the
development was an infill, even though it is big, and should therefore
blend with existing homes.
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MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
PC-379
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ry
Mr. Max Grimmer stated that the Commission and residents should not wo
about the future and the uncertainty of future Council actions, but
should merely act on whether or not the density is proper. He
stated that if there is a slope density formula, he assumed it was
based on research and therefore why not apply it.
Tom Cates, Cupertino Homeowners Association, asked if it really were
necessary to put that many homes in that area as the streets cannot
take it. Is this the best way to meet Cupertino's housing needs?
No. He felt high density in smaller areas was needed. He felt this
is an expensive and large development and will saturate the road
system.
Chairperson Claudy asked for Commission comments on the following
issues: 1. Overall density. 2. Transfer of development rights.
3. Dwelling units above the 10% slope line on the Prospect side over
the number that is allowed.
Corn. Koenitzer stated that in regard to the density transfer, there
seemed to be too much concern regarding future Council's actions.
He stated that with development rights granted to the City, a public
hearing and specific action would be necessary to abandon those rights
He did not feel the overall density was unreasonable. He felt the
slope density formula should be applien to the hillside areas and
additional units not be allowed in these areas.
Com. Adams expressed concern for the density transfer and the City
development rights of the forty acres in the southwest corner. Over-
all density is lower than that of the existing area. He felt the
slope density formula should be applied to that southerly portion -
4.9 acres.
Com. Blaine
development
mula should
good idea.
stated that the most reasonable thing would be to deed
rights to the City. She also felt the slope density for-
be applied and transfer of units to the flat land was a
She had no problem with the overall number of units.
Com. Binneweg spoke in favor of the proposal for a clustered planned
development with common open space. She expressed preference for the
density to be in the flat area. She felt the number of units on the
slope in the south should be reduced - 6 or 7 units should be trans-
ferred to the main part of the development rather than be placed
against the riparian easement (fault line).
Chairperson Claudy expressed agreement with the overall density of
the project. Above the 10% slope line, he expressed favor for follow-
ing the slope density formula. He stated a preference for better inte
gration with the existing units on Upland Way, and found transfer of
the development rights of the upper portion to the City acceptable.
In regard to the on-site circulation plan, questions to be answered
include where should access to Upland Way be? Should there be access
across Stelling Road? Is the concept of a circuitous road within the
project acceptable?
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MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
Mr. Jim Jackson, representing Interland Development, stated the
feeling that a mid-block exit on Upland Way would be best. In reference
to Stelling Road crossing the railroad tracks, he expressed the opinion
that he doubted that Southern Pacific or the PUC would want to approve
a railroad crossing. He expressed concern, particularly because of
possible delays, that the City has a condition for a two year period
in which permission for the crossing may be obtained. He also was
concerned that such a crossing would create a break in the sound barrier
and would not be aesthetic. He requested Commission to approve the
circuitous design of Rainbow Drive in concept. It has not yet been
engineered and would be designed at the use permit stage. It is expected
to serve as a traffic impediment by slowing down cars.
Com. Binneweg asked who would
should Rainbow be redesigned.
public right of way and would
be responsible for the extra landscaping
Mr. Jackson stated it would probably be
not be deeded to the property owners.
Com. Koenitzer asked if with a mid-block exit onto Upland, would the
driveway at the end of the street still be desired. Mr. Jackson
thought it would still be needed.
Com. Koenitzer expressed concern regarding a possible problem with cars
turning on the corner.
Com. Blaine asked what kind of easement over the railroad tracks was
now in existence. She also inquired about the number of trains each
day and what type of sound barrier was being planned. Mr. Jackson be-
lieved that at present there is a private easement, two trains a day,
berms and plantings with some type of sound wall were planned as the
barrier.
Paul Sonnenblick, Upland Way, West Cupertino Homeowners Association,
submitted a packet of information to the Commission regarding problems
and possible solutions for the proposed Seven Springs development. He
also stated that he wished to channel the project traffic east to De
Anza Boulevard. Recommendations made regarding internal traffic circu-
lation included putting the Upland exit at the 90 degree bend, continue
the Rainbow meander onto the railroad tracks, a bike path, not a bike
lane on Rainbow (Mr. Sonnenblick believes that the developer is doing
this). He also recommended independent neighborhoods within the develop-
ment linked only by bike and pedestrian paths. He felt the use of auto-
mobiles within the development should be limited and the Commission
should look at the concept of "sub-neighborhoods". He expressed the
desire to keep Upland as rural as possible and to minimize traffic
on Upland and Bubb. He requested that the homes built along Upland
have reasonable setbacks.
Mr. Dave Klinger, 7538 Waterford Drive, Hoover area, asked that the
Commission visualize driving through the area and seeing a sound barrier.
He felt this would be a psychological barrier between Seven Springs
and the rest of Hoover area and would create a division of the neighbor-
hood. He recommended that instead of the sound barrier a nicely designed
gateway concept be constructed with openings for bike and pedestrian
traffic.
MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
PC-379
Page 5
Mr. Gerry Pressman expressed concern regarding safety aspects and loss
of onstreet parking in reference to the Rainbow Drive design. He sug-
gested the Commission set standards for the design since it had not yet
been completed.
Chairperson Claudy stated that he was sure that before the final plan
was prepared, it was likely that the residents would be asked for input
and that the plan would not be imposed upon them.
Mr. John Rakich, Upland Way, a member of West Cupertino Homeowners
Association, stated that he would prefer the opening of Upland at the
bend and not in mid-block as homes would be impacted. He felt there
would be less impact if the opening was at an existing intersection.
Director of Public Works Viskovich stated that the staff had no pref-
erence.
Stan Koslowski, Stelling Road, stated that if there were berms, walls,
etc. the view of the hills would be blocked from those on Stelling.
Chairperson Claudy stated that between Rainbow and the railroad tracks
there would be some kind of sound barrier to protect the residents from
noise of the train.
Mr. Koslowski stated that the sound was not so great that a monstrous
wall was needed.
Mr. Ken Kelly pointed out that in back of El Paseo de Saratoga is an
eighteen foot high berm and residents would surely object to this.
Kathy Nellis, Regnart Road, expressed concerns regarding Rainbow Drive.
She felt the proposed blending of developments would shift traffic
through adjacent neighborhoods. In addition, the road may well attract
teenage drivers to see how fast the turns could be taken. She recom-
mended that external traffic be examined as well as parking. She felt
any closure of Stelling and Prospect would make a difference in the
internal traffic. She recommended small neighborhoods within the big
development with internal circulation.
Chairperson Claudy stated that the small neighborhoods would increase
and possibly double the need for access roads.
Com. Blaine suggested the use of emergency access roads connecting
one neighborhood with the other. She also felt that the concept of
small neighborhoods should be examined. She felt that access to
Stelling Road should be provided and that the developer should discour-
age commuter traffic on Rainbow and slow it down. She agreed there
was nota need for twc accesses on Upland.
Discussion followed regarding Figure 7 in the draft EIR - the geologi-
cal map - regarding a possible way to bring a road across one area so
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MINUTES OF THE MARCH 23. 1982 PLANNING COMMISSION MEETING
only one access to Upland would serve all houses in the area through
the redesign of the internal road. Com. Blaine stated that whatever
was done with Rainbow ultimately it should go all the way to the
railroad tracks. She also stated that she felt the bike path along
Rainbow was an excellent idea.
Com. Binneweg stated that she found the sub-neighborhood concept
intriguing but did feel it would be a problem because of need for
increased accesses over the railroad tracks. She felt it may detract
from the integration of the project. However, she felt it might be
desirable to have neighborhood nodes of old and new together if this
could be done without additional surface pavement. She suggested
that rather than a very visible access across an existing barrier re-
quiring a great deal of cut and fill, it would be preferable to have
an almost invisible driveway serving a few separate houses.
Com. Adams favored mid-block access on Upland Way and requested the
deletion of the extra driveway to the 3-5 separate houses. He felt
those few houses should be served by the circuitous road. He was not
in favor of another entrance and felt that one on Upland, one on
Rainbow and one on Prospect would be adequate. He also felt the
treatment of Rainbow Drive would be a challenge to teenage drivers,
but by the time it is done it may not be a problem. He liked the
integration of the two neighborhoods and felt perhaps a blending could
be achieved through island planters to guide parking.
Com. Koenitzer, in regard to the Upland exit, expressed a weak preference
for the exit at the bend. However, he did want only one exit on Upland.
He also felt that Rainbow should extend at least to the railroad tracks
and felt the proposed treatment of Rainbow needed more thought. He
would like an exit across the railroad tracks at Stelling and felt the
Rainbow exit should not be opposite any existing streets.
Com. Adams felt the main drive through the southeast portion of the
project should swing and be more circuitous.
Chairperson Claudy preferred one driveway to Upland either mid-block
or at the corner, preferred access off Stelling across the railroad
tracks, felt the Rainbow treatment should extend to the railroad tracks
and stated that there should be access on Prospect Road. He felt
traffic should be diluted by forcing it onto certain streets. In
regard to the internal neighborhood concept, he spoke in favor of it
with non-connecting streets and emergency vehicle access. He also
suggested a possible "T-bone" cul-de-sac treatment off Rainbow running
east and west. In this way, all houses on Rainbow would face the
street.
Mr. Jackson stated that the developer had thought of a "choker" near
the recreation area on Rainbow if traffic became a problem. Barriers
thought of were bollards and/or a circle. He stated that this is an
integrated community and includes access to the recreation areas.
MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
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Page 7
Although clusters are neighborhoods the area was designed for access
throughout.
Chairperson Claudy stated that as most people drive even within their
own neighborhood, there would not be enough parking for those who will
drive to the recreation center.
Com. Blaine stated that looking at this as one neighborhood is a
burden on those presently in the area in that perhaps the recreation
area should be moved and bike paths be put in throughout the develop-
ment. She expressed a concern that the bollards would create more
accidents. She was in favor of a design that would not encourage
commuter traffic to enter the development to cut through it.
Chairperson Claudy felt a straw vote would be appropriate in this
matter as a Commission consensus was not apparent.
There was a consensus on the following matters:
There should be a Stelling Road access across the railroad
tracks.
One access onto Upland.
Rainbow treatment should be extended to the railroad tracks.
The developer should look at "neighborhoodizing" the develop-
ment and blocking through access.
The Chairperson also requested that the developer look at the "T-
bone" cul-de-sac concept off Rainbow rather than dealing with sub-
neighborhoods.
Director of Public Works Viskovich suggested that the Commission
look at other internal traffic matters after external traffic
issues are determined as they will have an impact.
RECESS: 10:15-10:25 p.m.
The next item of discussion concerned open space.
Mr. Jackson spoke in favor of staff recommendation and did not
wish to make a presentation at that time. He requested that the
park district give their presentation, but he would reserve the
right to respond.
Mr. Herb Grench, Regional Manager, Midpeninsula Regional Open Space
District, stated that the District's goal was to provide future
dwellers of Seven Springs and other Cupertinians safe, reasonable
access to the Fremont Older Open Space District. He said the
hillside is permantly protected as a natural area. He has found
that public interest in such areas grows, and much public money has
been spent in the area. The trail and parking are needed because
of public interest. It has been found that the largest users of
preserves are those living nearest. He stated that the terrain
at the parking lot on Prospect does not allow for significant ex-
pansion. There is also a problem with the narrow road. He felt
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MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
that the Seven Springs Canyon was one of the more beautiful
parts of the preserve, and people will try to get there the shortest
possible way. He said that a local access from Upland was nice,
but would not be adequate as the only access. He stated that the
northern canyon was not as important a feature to the preserve
as the Seven Springs Canyon. He felt that Mrs. Lyddon's 40
acres would provide a blockage between the subdivision and
the preserve and the trail across her property would provide
security against trespassers for her. He stated that the de-
velopercould install a security fence along the road close to the
house that could be naturally screened. He expressed a need for a
parking lot outside of the creek riparian area in the natural riparian
area, but was not inflexible regarding the exact location. He
expressed concern that units on the retained portion of the property
might be placed at the entrance to the canyon and on the hillside
and expressed preference that all be transferred to the flat area
and open space easement beyond the hillside. He stated the District
required three conditions: 1. Upland Way neighborhood access and a
Seven Springs Canyon trail easement on the 40 acres. 2. Open space
easement on the hillside and a Seven Springs Canyon easement to protect
against future development. 3. An easement for a patrol road in
the area over the 40 acre parcel.
Com. Blaine inquired as to the riparian easement - who has it and who
controls development rights. Discussion followed regarding definition
of riparian easement.
Chairperson Claudy felt that one was a zone and one was an easement.
City Attorney Kilian stated that a riparian easement has to do with
water courses and right to flow.
Assistant Planning Director Cowan said the idea was for 200 foot setback
to protect residents from potential hazard.
Mr. Claude Stoller stated that the term IIriparian easementtl was loosely
used in this concept and was not used in its legal sense within the
PUD area. This easement would be set aside, could not be built on
and would belong to the homeowners association.
Mr. Grench stated that the trail easement could be dedicated to either
the City or the MROSD as could be the Seven Spring Canyon entrance
and hillside area easement.
The City Attorney pointed out that if the easement were dedicated to
the City, it would be their responsibility to maintain it.
Com. Blaine inquired as to the usual width of a patrol road and was
informed it was a ten-foot or less dirt road.
Com. Adams asked about the present parking on Prospect as to whether
or not more spaces could be made. He was informed that at present
MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
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Page 9
it holds ten cars and could not be enlarged a great deal but just a
few spaces. He was informed by Mr. Grench that it is used on tours of
the Fremont Older House. He felt the use of the preserve will increase
and the lot will be filled regularly within three years.
Com. Koenitzer asked how the Seven Springs Canyon area was being
patrolled. Mr. Del Woods said it was being patrolled through the
Prospect or Regnart access at this time, but better coverage is the
result of through patrol routes such as the one proposed.
Chairperson Claudy stated that when the development at the top of
Upland was approved an open space access was required in that prop-
erty. (This was the Rainbow's End development.)
Assistant Planning Director Cowan said yes, that the easement had
been recorded but the roadway was not yet built. The developer was
having financial trouble.
Mr. Grench stated that this was a minor neighborhood access.
Com. Binneweg said that she had recently taken a tour of the area and
felt that with delineated parking spaces more than an additional
ten cars could be fitted in the area.
Mr. Al Leavitt, attorney representing Dorothy Lyddon, stated that the
requested trail and path cut Mrs. Lyddon's property in half. He read
from a report dated 1976 to Mr. Grench from Mr. Olson, land manager,
regarding Prospect Road and available parking spaces. He stated
that part of the Seven Springs Canyon also belong to Mrs. Lyddon and
that the proposed trail will cut across her property. He urged
approval of the City staff recommendation for access through Upland
Way.
Carolyn Lekberg from the Midpeninsula Trails Council read a letter
to the Commission stating that the Council does focus on trails and
maintenance and works to protect open space area for public enjoy-
ment.
Paul Sonnenblick, Upland Way, West Cupertino Homeowners Association,
asked if there really was a need for another access with parking.
He said the present parking lot is not used often. He also expressed
concern regarding any Upland Way access and stated that page 81 of
the draft EIR stated that access without parking could lead to
illegal parking in the area. He felt that current access was suf-
ficient. He stated that the Seven Springs Canyon environment was
fairly fragile and he hated to see additional trails and/or parking
areas. He felt that additional parking in the present lot would be
adequate with the rest kept as it is.
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MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
Kathy Nellis, Regnart Road, expressed the opinion that a trail near
Mrs. Lyddon's house was premature and perhaps could be considered in
the future when that area is subdivided. She said that the Fremont
Older Open Space District is also connected to the County park system,
and public access and parking can be obtained through that area.
Com.Binneweg stated that she did not like the concept being proposed.
Com. Blaine expressed mixed emotions as she felt the Open Space
District has done an excellent job. However, she stated that if they wanted
the land perhaps they should look into purchasing it.
Corn. Koenitzer expressed concern regarding the length of the trail and
stated that he did not reel that access at that point was warranted.
Com. Adams also expressed the opinion that there was already sufficient
access. He supported Mrs. Lyddon's position and also stated that if the
Open Space District wanted that property they should investigate its
purchase.
Chairperson Claudy also stated he could not support the District's
request. However, if perhaps in the future Mrs. Lyddon were not living
there or wanted to develop the area, he might take a different view.
By unanimous consensus, the Commission stated that access trail and
patrol road on the Lyddon property was not acceptable, an alternate
neighborhood access from Upland would be agreeable with a low profile
entrance. However, if parking became a problem, it may have to be
closed.
Mr. Grench stated that such an access could be offered to the District,
but he was not sure that it would be accepted.
The next item of discussion was the park within the proposed develop-
ment. Director of Parks and Recreation Dowling said that the Parks
and Recreation Commission recommended acceptance of the three-acre
park. He felt both options were livable; however, the "reserve" park
had greater potential in value and flexibility.
Mr. Dave Klinger, Hoover School area, was not in agreement with staff
recommendation. He felt no need for a passive use park in that area.
He stated that the recommendation ignores the critical need for an active
sports area and that the Parks and Recreation Commission had expressed
concern for lack of youth sports axeas in that vicinity. He recommended
the City take "in-lieull fees and look into the possible purchase of
school surplus sites which could be purchased for 25% of the market
value. He stated that there was a strong consensus in the Hoover School
area for open space and active sports there. He recommended the
acceptance of the in-lieu fee, that the City and school board seek
financing options, and that the City work with the residents of the area.
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MINUTES OF THE MARCH 23, 1982 PLANNING COMMISSION MEETING
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Page 11
Mr. Jerry Pressman of Rainbow Drive stated that residents on Rainbow
had held a meeting and there was no strong feeling regarding the
park. He felt the three acres does.provide a green space but did
not like the "reserve" park idea. The acceptance of the in-lieu fees
would be preferable to that.
Mr. Max Grimmer stated that most of the open space in Cupertino was
owned by the school district and that schools provide the only space
for active sports. He did not feel small parks would solve the park
need in the area and could be a dangerous place for small childredn.
He further stated that the money and open space areas were needed
now.
Com. Adams suggested that the proposed three-acre park site could
become the place for the fire station.
Com. Blaine recommended the acceptance of the in-lieu fees and stated
the need for large playing areas. She suggested that the proposed
three acres be used for the fire station or integrated into the de-
velopment.
Commissioners Binneweg and Koenitzer, as well as Chairperson Claudy,
agreed that the City should accept the in-lieu fees from the
developer.
Corn. Koenitzer suggested that the Commission consider reserving the
site for a fire station just in case it was ultimately decided to have
one in the area.
Chairperson Claudy agreed that it could be done for awhile.
Com. Binneweg recommended that if a fire station go in it go in away
from the Stelling and Rainbow intersection.
At 11:40 p.m. the meeting was adjourned with the announcement that
the hearing for Applications 25-Z-80 and 3-GPA-8l was continued to
7:30 p.m., April 22, 1982, Kennedy Junior High School multi-purpose
room.
APPROVED:
l;;& c:::?~
Chair n
ATTEST: