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PC 03-28-83 CITY OF (;ùPERTINO. STATE OF CALlFORNJA 1-0300 Torre Avenue, Cupertino, CA 95014 Tè1ephone: (408) 252-4505 PC-411 Page J HINùTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MARCH 28, 1983 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Ch;¡irpers""" Adams called the meeting to order at 7 :30 p.m. in the Conference Room of City Hall. SALUTE TO THE FLAG ROLL CALL Commissioner Present: Binneweg, Blaine, Claudy, Koenitzer, Chairperson Adams St'\ff Preserlt: Director of Planning and Development Sisk Deputy City Clerk VilJarante Director of Public Works Viskovich Assistant Planning Director Cowan Associate Planner Piasecki City Attorney Kilian APPROVAL OF MINUTES: Minutes of Regular Meeting of February 14, 1983. It was moved by Com. Claudy, seconded by Com. Koenitzer dnd passed with Com. Binnew('g abstaining to approve the February 14, 1983 ffilnutes with t hv follm.ling amendments: PagL 5, paragraph 2, add, liThe motion was passed unanimously." It was moved by Com. Claudy, seconded by Com. Koenitzer ímollsly to continue Items 4, 5 and 6 L> April 25, 1983. staled that he ~ill De absent on April 25. I , ·1 and passed unanJ¡' Com. Koenitzer " ·dll \I Page 11, paragraph 7, removed wa1 and insert stated. II POSTPONEMENTS OR NEW AGENDA ITEMS: WRITTEN CG~UNICATIONS: A tetter was received from Mr. Jim Martin with proposed traffic solu- tions. A letter was also received from Terranomics. ORAL CO~UNiCATIONS: None PUßLlC HEARINGS 1. Application I-GPA-83 of City of Cupertino: General Plan Amendment to consider possible changes to the land use amendment involving de- velopment intensity and road alignments for approximtely 15 acres otl land generally located south of San Juan Road and west of El Cerritu Road in the Inspiration Heights Subdivision. First Hearing. -411 ..;e ¿ MINUTES OF THE MARCH 28, 1983 PLANNING COMMISSION MEETING Assistant Planning Director Cowan êxplained to the Planning Commission that the meeting was to consider GPA land use amendment for possible changes to the land use amendment involving development intensity and road alignments for approximately 15 acres of land located south of San Juan Road and west off El Cerrito Road in the Inspiration Heights Subdivision. He went on to state that the principal area involving development was property owned by Mr. Bianchi and presented maps and diagrams of the area to the Commission. Com. Claudy questioned staff as to whether or not there had been any new information gathered on the Inspiration Heights area since 1976. City Attorney Kilian stated to the Commission that there had been some new items in regard to the Inspiration Heights area, one being that in 1976 the property was considered to be in the County and now it was in the City of Cupertino. Also, since the 1978 GPA was adopted, Mr. Bianchi had applied for and obtained permission to build from the County but he has never exercised that r~ght and now his property is within the City. He went on to state that Mr. Bianchi had title to the adjacent parcels and since 1978 transferred those parcels out to various family members and as a result it is making it more difficult to merge with respect to his particular parcel and the adjacent parcels. Com. Claudy stated that it was his understanding that if a property owner owned adjacent parcels they could not transfer ownership of those parcels and expect to build on them, they were required to maintain those parcels in one ownership and consolidate them. City Attorney Kilian stated that he was correct, but that Mr. Bianchi had transferred ownership while still in the County. Discussed ensued between staff and commission regarding the current road conditions and current home sites in the Inspiration Heights area. Leo Bianchi stated to Commission that he did not make any illegal sales of property, all sales were recorded. Chairperson Adams questioned Mr. Bianchi as to the time frame of the sales. Mr. Bianchi stated to the Commission that the time frame started on his application of 1976 at which time he enetered into a contract of sale and proved his feasibility to the County, after which the sales were then consummated. After the sales the properties were then annexed. He went on to explain various aspects of the development and that he had had both geological and structural studies done on the property. Discussion followed between the Commis~ion and Mr. Bianchi regarding access to his property. Carol Haskell, Santa Lucia Road, stated to the Commission that she would like to see something done about Cordova and San Juan Roads to improve the traffic and that all the traffic on Cordova Road blow their horns when they corne to the blind curve and it is extremely annoying. She continued by saying that she thought a one way street might be effective. MINUTES OF THE MARCH 28, 1983 PLANNING COMMISSION MEETING PC-4l1 Page 3 Corn. Binneweg stated that she concurred with Ms. Haskell's making a one way road. idea of Barbara West, 10670 Cordova Road, stated to the Commission that she was concerned about the traffic pattern if the area was opened up to sub- stantial development, and especially concerned with traffic accidents occurring on Cordova Road at the blind curve. In reply to a statement made by staff regarding flooding in the area, Ms. West stated that she was concerned about the flooding as she had up to a foot of water in her back yard during the heavy rains. She went on to state that she would like the City Council to seriously consider minimal development in the area. Louis Paviso stated to the Commission that all the roads in the Inspira- tion Heights area are 40 ft. wide and that they all belong to the Count He also remarked that when the area was annexed into the City, it was promised that San Juan Road would be fixed and that it has not. Mr. Paviso stated that there had not been a meeting with the current resi- dents by staff on the current application and in reply to Mr. Cowan's remakrs on erosion, he stated that there was none. Mr. Paviso also explained the reasoning behind the current gate on El Cerrito Road. Discussed ensued between Mr. Paviso and the Commission regarding access to El Cerrito Road. City Attorney Kilian explained to the Commission that there are two re- quirements for road dedication, one being that it must first be offered and two, that they be accepted by the jurisdiction before they actually become road. He also stated that as long as the roads are not' accepted they are neither County or City owned roads. Director of Public Works Viskovich explained to the Commission that whether the roads in the Inspiration Heights area are City or County is really moot and that in the new plan lines they would construct roa~s, get new dedications and start allover. City Attorney Kilian explained that ownership of the roads could be established by resolutions which would be on file. Discussion followed between staff and Planning Commis~ion regardi~g de- velopment of roads and lot definition in the area. Stephen Hayes, 22681 San Juan Road, relayed several questions to the Commission regarding aesthetics, character, environmental aspects and bearing of direct and indirect costs related to the development. He continued with a slide show of the Inspiration Heights area showing varous aspects of erosion and road conditions. Chairperson Adams suggested to Mr. Hayes that he present the slides to the City Council. Mr. Bianchi proceeded to use Mr. Hayes' slides to bring up information with regard to his right of way. ~'-411 ,e If MINUTES OF THE MARCH 28, 1983 PLANNING COMMISSION MEETING Mrs. Item explained to the Commission that they had installed a water well to divert rain water. Uennis West, 10670 Cordova Road, stated to the Commission his concern as to the amount of land that would have to be moved in order to widen the roads. He remarked that he did not believe that roads were the proper way to make drainage off the hill and reiterated the fact that Cordova and San Juan Roads are marginal and that he felt the first issue that should be addressed was access to the development. Nancy Hertert, San Juan Road, addressed several items to the Commission, up-to-date revisions of maps of the area, recommendation that Cordova Road be made one way and whether or not part of her property adjacent to Portola Road is buildable. She also questioned the use of drainage across private property and made mention of varying amounts of rain in the area. Ms. Hertert questioned staff as to how the area would develop if the plan were adopted. Assistant Planning Director Cowan replied by ðtating that the only dif- ference in the planned development zone and cne hillside residential zone is that there is a different review process. The Planning Commissioners made individual comments with regard to the information presented at the public hearing. Assistant Planning Director Cowan reiterated the fact that a need was indicated for a more thorough geologic and engineering study and that the Commission may want to address that issue to City Council before any building takes place, also covering the questions of cost. City Attorney Kilian suggest to the Commission that they might consider recommending to the City Council a merger of the lots that are adjacent to one another under single ownership. After relating history of ~e laws pertaining tomergirgof lots, Mr. Kilian stated that basically the legislature has sa1d that if the City wants to merge lots that are inconsistent with the GPA it must adopt an ordinance merging those lots and sending out notice to all the property owners, etc. under it~ discretion as a City: but ·they. a,e. r;t<:>t. <ilutl)I)latj.cilJ}y .merg"d. Mr. Pav iso reiterated to the Commission that he would like to keep his three lots separate. Dennis West stated to the Commission that they should recommend to City Council that Cordova and San Juan Roads be an issue for consideration. :1r. Bianchi stated that he f.elt they should consider staff's recommendation. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. Discussion followed between the Commission and staff as to various recommendations to the City Council. MINUTES OF THE MARCH 28, 1983 PLANNING COMMISSION MEETING PC-4l1 Page 5 It was moved by Com. Claudy, seconded by Com. Blaine and passed unanimously to recommend to the City Council to retain the cu~rent for the Inspiration Heights area. GPA It was moved by Com. Claudy, seconded by Com. Blaine and passed with Com. Binneweg dissenting to approve a minute order that adjacent lots under the same ownership be merged and that a traffic study be con- tracted or authorized, to develop a road and circulation system for the Inspiration Heights and adjacent areas that will ensure access to the merged lots. Director of Planning and Development Sisk stated that there will be a public hearing set at the City Council level on this ..issue again. The public hearing will be at the April 18, 1983 City Council meeting. RECESS: 10:10- 10:25 p.m. It was moved by Com. Claudy, seconded by Com. Binneweg and passed unanimously to postpone the Monta Vista Design Guidelines for consider a tion to the meeting of Tuesday, April 5, 1983. 2. Application l-GPA-80 of City of Cupertino General Plan Amendment: Continued Public Hearing to consider a comprehensive amendment of the City of Cupertino General Plan and a Specific Plan for the Stevens Creek Boulevard Planning Area. The General Plan will concentrate on land use., traffic circulation, housing and economic issues which affect the entire community. The Stevens Creek Boulevard Specific Plan will concentrate on the development of a more detailed land use, circulation and urban design plan for properties which abut the reach of Stevens Creek Boulevard between Stelling Road on the west and Stern Avenue on the east. . I The Director of Public Works, Viskovich presented a staff report to the Commission on the application including background, first and second tier assessments, categorys of land use and a summary of revenue~ versus expenditures. He went on-to explain methods of fee collection being considered, programming improvement of capital improvements, financial liability of the City and staff recommendations. Discussion insued between Director of Public Works Viskovich and Commission with regards to the presentation of the development fee schedule and recommendations. Com. Blaine questioned staff in regards to the payment of development fees from housing development with BMR units. Com. Binneweg stated to staff that she felt that the fees were dis- proportionate. /"- Director of Planning and Development Sisk stated to Commission that in their cover memo was a statement from the City Council stating that the BNR programs may be partially underwritten by fees from non res- idential developers. MINUTES OF THE ~1ARCH 28, 1983 PLANNING COMMISSION MEETING PC-4l1 Page 6 City Attorney Kilian explained an item not eluded to in the memo regarding probable legal mech"nisms for extracting fees by virtue of development ."1greements. Com. Adams questioned staff as to whether or not the City can go after develop- ment agreements. City Attorney Kilian explained the standard condition of the use permit is that the developer will entt~r into a development agreement if he wants tier 2 along the guidelines outlined by the City for consideration. He stated that development could be conditioned in tier 2 upon the execution of such an agreement. He went on to state that this does giJe benefits to the property owner in that it gives him vested rights well before the building permit stage and protects him from changes in the General Plan and from zoning changes Discussion ensued between staff and Commission regarding types of fee collectio suggested by the City Council. Chairperson Adams stated that Commission would not be able to discuss all topics related to this application and would pass the other two items to be continued on April 11, 1983. Walter Ward, Vallco Park stated that he felt that $3.00 was way to high for such a small City. He felt that $1.00 was affordable. He went on to state that developers would want a development agreement and that it would be much more advantagious to have an assess~ent district for fees. He emphasized that VaUco should have credit for what they h:we built so far and thought it wrong to put the commercial office buildings in the 3ame category as the commercial. He felt that the fees need more study. Joe Madigan, Vice President of the Government Relations Committee of the Chambe of Commerce stated to the Planning Commission that he was required to report back to his committee regarding the General Plan Amendment and that he did not understand the fee calculations. He questioned staff as to why beneficial fact, rs from different development projects were not factored into the fee calculatione. Director of Public Works Vickovich replied to Mr. Madigan that although it was hot stated in the current report it had been discussed in previous reports. Joe Madigan stated that he was concerned that staff had not taken into consider - tioD the feasibility of the fees for developers. He stated that he also felt some concern of the fees which were stated as being unal10cated and that if it were to be a tax then it should be called such. Com. Koenitzer explained to Mr. Madigan how the fees would work. City Attorney commented that the funds do not have to be earmarked. Director of Planning and Development Sisk recommended that the application be continued to April 4, 1983. Robert Wagner, Town Center questioned staff on two points, tier 1 fees and basis for tier 2 development. He stated that they could not bear $3.00 and $4.00 fees. df~'· . MINUTES OF THE MARCH 28, 1983 PLANNING COMMISSION MEETING Director of Public Works Viskovich replied to Mr. Wagner that there would be 00 Jdjtlstment and the fees he was questioning would be additional funds because ;t would be difficult to constantly change the fee structure. Basis was quickl eroded from the time when it was 400,000 square feet since there were applica- tions which were approved that ate up a good portion of the square footage. Beverly Lawrence, Penisula Citizens for Fair Housing stated that she was happy to hear the Commission speaking on the possibility of using some of the fees toward the development of affordable housing. Bill Lewis resident of Cupertino questioned the fees for Vall co and whether the 3 1/2 million will cover our Capital Improvement costs. Director of Public Works Viskovich stated that Vallco was placed in 1st tier because it wasn't given any special increases in intensity. Andrew Jarr, representing the owners of the Mark Thomas Building stated he would like clarification where the 2nd tier is coming from. Tt H;1S moved bv Com. Claudv~ seconded by Commissioner Koenitzer and passed unaoimoúsly.to continue Application l-GPA-80 to the meeting of April 5, 1983. ADJOURNMENT 12:00 p.m. ATTEST: APPROVED: attaòJ~ City Clerk Deputy