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Home My WebLink AboutPC Minutes - 10-14-1974CITY OF CUPERTIN0, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 2.52--4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 14, 1974, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman O`Keefe called the meeting to order at 7:35 P.M. with the Salute to the Flag. ROLL CALL Comm. present: Adams, Cooper, Gatto, Woodward, Chairman O"Keefe Comm. absent: None Staff present: Director of Planning and Development Sisk Assistant Planner Cowan Assistant City Attorney Kilian Assistant City Engineer Whitten APPROVAL OF MINUTES Regular Meeting of August 26, 1974: Page 3, just above ENVIRONMENTAL REVIEW COMMITTEE: Add: "Moved by Comm. Gatto, seconded by Comm. Woodard to approve the staffs recommendation for the northwest quadrant of Stelling Road and Stevens Creek Blvd. Motion carried, 5--0" Page 5, first line: Change "graphs" to "garages" I Page 5, paragraph 6, 3rd line: Delete "tap" "s" "root" g P g P t tai and add to root Page 13, first paragraph, first line: Change "going" to "goes". Page 13, first paragraph, third line: Add "by placing stop signs" I, after "problem". Page 14, paragraph 8, last line: Change "the" to "for". Moved by Comm. Gatto, seconded by Comm. Woodward to approve the Minutes of August 26, 1974 , as corrected. PC -168 Page 1 Motion carried, 5--0 ^C-168 Page 2 ?--Z-74, ,S -Z- 74, 9-7-74 continued to Nov. 25th 29-Z-74 continued to Oct. 28th MINUTES OF THE OCTOBER 14. 1974 PL.fAI' NING CO.2,1ISSION MEETING Regular meeting of September 9, 1974: Page 4, third paragraph, first sentence should read: "Comm. Woodward commented that we may be solving one problem here but creating another." Page 8, second paragraph after the second motion; should read: "Comm. Woodward wanted to discuss the rationale for this denial for the record. Comm. Gatto said he believes that the staff's recommendation and the Minutes should be incorporated into the findings." Last sentence of that paragraph is OK. Moved by Comm. Gatto, seconded by Comm. Woodward to approve the Minutes of September 9, 1974 as corrected. Motion carried, 5-0 Regular Meeting of September 23, 1974: Moved by Comm.. Gat to, second ad b,7. CornyrWoodrard to <-pprcve the Minutes of S t -ember --2-3- 1974, as -sul xnit�teei, -_ . Motion carried , 5�-O - - EN NT Items 2, 3 and 4 -- City of Cupertino 7-Z-74, 8-Z--74 and 9-Z-74. Per the staff's recommendation, it was moved by Comm. Ga€:to, seconded by Comm. Adams to postpone agenda items 2, 3 and 4 to November 25, 1974. Motion carried, 5-0 Upon request of the applicant, it was moved by Comm. Woodward, seconded by Comm. Gatto to postpone application 29-Z-74 to October 28, 1974. Motion carried, 5-0 WRITTEN COMMUNICATIONS There were none. ORAL COMMUNICATIONS Chairman O'Keefe announced that no items on the agenda would be initiated after midnight. MINUTES OF THE OCTOBER 14, 1974 PLANNING COMMISSION MEETING PUBLIC HEARINGS 1. City of Cupertino: Amendment to Ordinance 220(e), Cluster Ordinance, establishing new regulations affecting residential cluster developments. First Hearing continued. The Assistant Planner reviewed the changes made for the fourth draft of the Cluster Ordinance. The Assistant City Attorney reviewed the definition of "Develop- ment Rights". Comm. Gatto said he would like to see a clearer protection to the !' owners of any cluster developments from some action by the City. It was decided the covenants and restrictions should become a part of the review (page 18, Section 13 D). The Commission felt the staff should do more work on Section 4.11.1 In Section 6.3, Comm. Cooper suggested that perhaps conversions should be handled in a separate ordinance, where cluster develop- ments are converted to condominiums. After some discussion, it was decided to accept the staff's present recommendation on this-, and in the future a separate ordinance will be written. Comm. Woodward believes a separate ordinance will be warranted, due to demographic problems. The end result could be less avail- ability of rentals. The staff was instructed to review Sections 9.1 and 9.3 before the next meeting. Comm. Cooper would like to have bike pathways incorporated into Section 13.4 H. There are three types of transportation: vehicu- lar, pedestrian, bicycle. Section 13.4 F: Campers should be added on line 5. The Assistant Planner said that although the Planning Commission, at the last meeting, felt perhaps this should be a 2 -step process, it was the staff's feeling that it could be taken care of in 1 step. There were no comments from the audience. Moved by Comm. Gatto, seconded by Comm. Adams to continue the review of Ordinance 220(e) to the next regular meeting. Motion carried, 5-0 PC -168 Page 3 Ord. 220(e) continued 'C -l68 MINUTES OF THE OCTOBER 14, 1974 PLANNING CO1'Th1ISSION MEETING age 4 . Chairman O'Keefe called a recess at 9:07 PM. The meeting reconvened at 9:25 PM. 2. Application 7-Z-74 of CITY OF CUPERTINO. Postponed to November 25, 1974. 3. Application 8-Z-74 of CITY OF CUPERTINO. Postponed to November 25.k, 1974, 4. Application 9-Z--74 of CITY OF CUPERTINO. Postponed to :November 25, 1974. r.3-z--*-€ArtEOS�@+..-f --__ 1IuL.O-NIhG- 2D. i <>c_ s fro-C-cultu_a s3eni. _al - .1.O,a 0 Sq, 3.t. minimum 1(7t) to P(Planning Development with residential :cluter use intent with -approximately 3.6 dwelling units per acre) or whatever zone may be deemed appropriate by the Planning ':o ,a, :isoi(in. Saki pro e.rt:y i s located southerly of and adjacent to Voss .Avenue at its wester t'P'ti@inu i. The Planni.ng Director stated that an Environmental Impact Report has been presented to the Planning Commission as informational data. The public hearing on the EIR will come before the City Council at such time as the developer wishes to proceed. Colored slides of the property were displayed. Ms. Sandra Rennie, of Enviros, offered co answer any questions. She answered Ccmm. Ada7nS that there were two soils and geology reports for this current and for a previous report prepared for a proposal some too years ago. The second was not dissimilar from the first. Comm. Cooper commented that on page 68, the statement about building placement relative to heat conservation was very good. She said she found this to he the most comprehensive EIR that she had read thus far. Comm. Woodward asked if there as a more detailed map available. Ms. Rennie did not know. MINUTES OF THE OCTOBER 14. 1.974 PLANNING COMMISSION ETING Ms. Rennie pointed out that the study revealed that the aesthetics would not be good; private streets would not furnish enough off- street parking; and it would be rather noisy within the develop - merit. The combination of the density and the arrangement of the structures did not make the best use of the property. She stated that they feel the clustering of the units or reducing the number of single-family units would be in order, due to the unstableness of some of the area and the excessive slopes. She noted that areas of creep were called out, but that this does not mean they cannot be corrected. Comm. Gatto felt that it was a`question of getting something ecologically pleasing but too expensive or to increase the number of units and lower the price in order to have something marketable It was generally felt that a homeowners association should be created. Mr. Jack T. Chamberlain, President of San Carlos Homes & Develop-- ment Company, 1620-C El Camino Real, San Carlos, agrees that single-family units are more destructive; however, that is the market- They are-consiuering cIuplexes on rhat portion along Voss Avenue because that would tie in with the duplexes across the street, and then they would open up the center of the property. They have attempted to limit their development to the unwooded portion of the property. The homes conform to the slopes as much as possible, with a minimum Of grading. Comm. Woodward asked the applicant how he felt about putting up a bond on those areas identified as hazardous. Mr. Chamberlain said it would be difficult to get anybody to post bonds in perpetuity. Comm. Woodward said there is insurance available for geologic -al hazards. Ms. Rennie said that whatever the developer is required to do, it does not indemnify the City. Chairman O'Keefe was concerned about the people living in the flat lands subsidizing the development of the foothills. Comm. Gatto was pleased to note there is the possibility of some kind of mix on the property. Comm. Woodward noted that this is somewhat of a transitional area.. The City needs to decide if the slope density formula will be applied here and if we are willing to look at a plan with several formats. PC -168 Page 5 a ,.,Ir. T OCTOBER ,ER t; r ti PT . STN TI G rISSION MEETING c C-Lvt MINUTES OF fis. J 10�,_ 1'3( _ 'uf.a . l�, (.O!` > _� ?. ge 6 c. C�" Comm. Cooper said many questions were raised in the EIR in terms of what ultimate goal the developer is trying to achieves in terms of the trees and vegetation, in term of the geological conditions that exist. She said she would be willing to go along with development of the stable areas. She is not against a mix on the land. It should be aesthetically pleasing to those outside the development as well as from the inside A reduction in the oLwiber of units cud proper placement of the structures would preserve the visual corridors. She would like to See a range in price as wall as the mix in types of units. Mr . How and A. Mount ; fl05 D Rose Way, Sa5 ai o5e State co - liege Student. asked the developer about the suggestion in the EII; for a change in street width and parking. M�.�. Chamberlain said parking bays } could be provided. It was felt by the Commission that these matters would be explored at a later date. Gatto feelt this o er y should be treated as hillsi.-da property. Comm. :._Yas7%arNlard noted that.wa. arevery close to a sloe de C S is`' H 13-Z-74 continued to first meeting in November j rr (.i,»m r'rl=ca�_ id- i.L. than 70 or units on the 20+ acres. Re would I the to cotn. crack with a plan for a mix. Comm. Gatto Said the Commission might be willing to look at a plan with 40 to 50 units. He noted that density in the foothills is to be of a much lower intensity than in the flat lands. Comm. Adams noted that geological and social factors will have to be figured in, also. He believes the slope/density formula should be employed here. Comm. Woodward said the developer might wish to have this advertised for the next public hearing in order to get more citizen input. Moved by Comm. Gatto, seconded by Comm. Cooper to continue application l3 -Z--74 to the first meeting in November.. Motion carried, 5-0 MINUTES OF THE OCTOBER. 14, 1974 PLANNING COI�IISSION MEETING 6. Applications 29-Z--74 and 22 -TM -74 of RITZ -CRANE: REZONING 0.25 acre from Santa Clara County 11_-10 (Residential, single- family, 10,000 sq. ft. per dwelling unit) and City of. Cupertini R1-7.5 (Residential, single-family, 7,500 sq. ft. per dwelling unit) to R2-4.25 (Residential, duplex, 4,250 sq. ft. per dwell- ing unit) or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP for lot line adjustment, Lots 37 and 38, Montebello West, Tract 5550. Said property is located easterly of and adjacent to Foothill Blvd. approximate: 130 feet northerly of the intersection of Rancho Ventura Stree and Foothill Blvd. First Hearing. The zoning was postponed to the next regular meeting. The tentative map as displayed on the bulletin board. The Assistant Planner reviewed the request to adjust the property lines. He said there has been an agreement between the owner of parcel A. and the owner of parcels B and C. The applicant was not present in the audience. There were no further comments from the audience. Moved by Comm. Gatto, seconded by Comm. Adams to close the public hearing. Motion carried, 5-0 Moved by Comm. Adams, seconded by Comm. Gatto to approve applica- tion 22 -TM -74 with the standard conditions. AYES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None Motion carried, 5-0 7. Application 21 -TM -74 of EDWIN J. MYERS (BETHEL LUTHERAN CHURCH TENTATIVE MAP to eliminate a lot line creating one parcel instead of two. Said property is within a BQ (Quasi -Public Building) zone, the entire parcel consisting of 3.2 acres located at the southwest corner of the intersection of Finch and Sorenson Avenues. First Hearing. The tentative map was placed on the bulletin board. The applicant was present but had no comments at this time. PC -168 Page 7 FA 22 -TM --74 approved WI conditions l'C-168 [ITNUTES OF TilE OCTO; 1' R i4 , 1974 pLANNI' G COIISSION MEETIUG 1' rt. 8 ed b.; Comm.. Adams, seconded by Comm. Cooper to close the public ring tenor: carried, 5--0 i 2i--TM-74 ^loved by Comm. Woodt.7a;'d, seconded by Comm. Adams to : pp--:ove anpiicat.i.on o; roved 2.1 -TM -74 with the standard conditions. :!conditions AYES: Comm. Adams, Cooper ,..Catto, Woodward, Chairman O'Keefe NOES: None M.ot:ion carried, 5-0 S. Application .1.0--V--74 of HOWARD E. MALLETT: VARIANCE from Section 16.28.010 of the Fence Ordinance to allow a 6hedge across the front property line. Said lcteJ 20699 Rodrigues Avenue in a residential, single—family zone. Tae As i stae_ Fl 'n rcewed the aeries'- pliot:og*,r?lph of the d, -t a. He -the--anp-licatioa atomsfrom a complaint °'_i" of a i;£?1SJ'-hhnr Colored : l.ide-s k -are ^.11C'. a bf thy' property in question. The cond.lLions under which a variance may be 4;ranred were review•.ed. Mr. H. F. Mailett, :0699 Rodrigues Avenue., said this hedge as put in 10 to 12 years ago because of the difference, in elevatioc from the home across the street, which enabled people, looking from that kitchen window to see directly into his living room. The; felt that a hedge would be more suitable than a wall up close to the house. He. said he spoke with the people living across the street and they have no objectionto the hedge. The only one objecting was the neighbor directly to the east of him. Ho further noted that there are mar.v violations of this ordinance throughout the City. He also felt that this ordinance was very loosely worded. Chairman O1Ke:fe asked for comments from the audience, Mrs. John E. Hi.lquist, 20635 Rodrigues Avenue, said she was concerned about her rights as a citizen. Whhenthey back out of their driveway their vision is impaired by the hrd e, School children walk along there. She said a child`s life is more important than a hedge. Mr. David Flolm, 3310 San Saoa Drive, San Jose, said he went over there and drove into Firs. Hilqui.st'r, driveway and found the utility pole was the only thing that impairs the o:`.Sion. lle said the hedge is not a safety hazard.. It: is ecologically and cesithetically gc:od.. It keeps noise out. lie said this is a ^.attar of equitable versus discr:i.minatory J justice. There are a numbor.' of similar cases in town. He Said 23 MINUTES OF THE OCTOBER l , 1974 PLANNING COMMISSION MEETING of the neighbors on Rodrigues Avenue ha -ye stated they do not object to this hedge. The Assistant City Attorney read the conditions for granting of a variance. Moved by Comm. Cooper, seconded by Comm, Gatto to close the public hearing. Motion carried, 5-0 Comm. Cooper said she did not see how the variance could be granta since all three conditions must be relevant, and the alternative would be to change the ordinance. Comm. Adams agreed that it wouid he difficult . to rationalize granting of the variance, Even a 3` high hedge can be hazardous with some of these low --slung cars. Moved by Comm. Cooper, seconded. by Comm. Woodward to deny appli- cation 10- '-•7!, on the basis that: a. There are no exceptional or extraordinary circumstances here. S. It is not necessary for the preservation and enjoyment of substantial proparty rights of the petitioner. c. It would. affect the safety of small persons living in the neighborhood and could be detrimental to the public and in- jurious to that neighborhood. AWES: Comm. Adams, Cooper, Gatto, Woodward, Chairman O'Keefe NOES: Nona Motion carried, 5-0 This will be reviewed by the City Council on October 29th. Comm. Gatt.o asked the staff to take another look at that ordinance UNFINISHED BUSINESS 9. Request for extension of time for Use Permit 9--U-73 - Union Carbide Company. PC --168 Page 9 1O -V-74 denied NUTES OF THE OCTOEER 1.4 1974 PLANNING COThIISSI0N ^fl EYING: 10 It was learned there are no employees on the site, except once a week. Mr. Burrel Leonard offered to answer any questions. There were none. raj -U-7 3 ax tended year xl:i.bit A re�iominended Moved by Comm. Gatto, seconded by Comm. Woodward to approve the request for extension for one year of application 9-U-73. Motion carried, 5-0 NEW BUSINESS 10. Urban Service Area Evaluation The Planning Director reviewed the existing Urban Service Area map. He said that the Planning Commission and the City Council made a recommendation last year to extend the Urban Service- Area line involving 40 acres of the Kaiser Perman-ente property locate_' ?-ster... y- dUStevens Canyon Road, buc this was denied by LAP'C0 on the basis that the request: ce±vd=ate-For ravic at that rcy =p?r- '44 -_The . . ilr .- 1 I .�_ 1 .1_,=.-_. iT �S�G� C "S 1-. FT l'�ii Y ;�f; Cdr_...;a r' '.(:ts4YC:.i��%`:E'.d --- -- --` ii , F. ...rG11?-_}�'?"-G�'J.dl1� SerZ/� "� to t}1£'.property. This is note of a courceJy IAFCO;-------------- The. Chairman asked for comments fro:n i:bc="audience Mr. Harold Ashton, 440 Grand Avenue, Oakland, said he was representing Kaiser Cement Company. Ho said, 80 acres are in the Urban Service Are.a now, and 50 acres are not. The 50 acres would be basically a recrea- tion area. jMoved by Comm. Woodward, seconded by Chairman 0 Keefe to recommend to the City Council that this Exhibit A be included in. the Urban Service Area. IAYES: Comm. Adams , Cooper. Gatto, Woodward, Chairman 0'?�eaf c NOES: None. Moticn carried, 5-0 I Moved by Comm. Gatto, seconded by Comm. Cooper that Parcel B be I excluded from the Urban Service Area. IThis motion was discarded after discussion. MINUTES OF THE OCTOBER 14, 1974 ALAANNNiNG COMMISSION MEETING At this point, Chairman O'Keefe noted that it was after midnight and asked the Commission to consider adjourning this meeting to another night this week. The pros and cons of this action were explored. Moved by Comm. Adams, seconded by Comm. Cooper to continue with agenda items 11 through 17, beginning at 6 PM on Wednesday, October 16, 1974. Motion carried, 4-1 Comm. Gatto voted NO ADJOURNMENT Chairman O'Keefe adjourned this meeting at 12:20 A.M. to 6 P.M. Wednesday, October 16, 1974. APPROVED: jsl D ni_e1 P. O'Keefe Chairman Is/ Wm. E. Ryder_ City Clerk n PC -i68 Page 11