Loading...
HomeMy WebLinkAboutPC Minutes - 12-18-1974CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSI HELD 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: Cooper (748), Gatto, Woodward, Chairman OKeefe Comm. absent: Adams Staff present: Director of Planning and Development Sisk Assistant Director of Planning Cowan Associate Planner Laurin ELECTION OF CHAIRMAN AND VICE CHAIPM•IAN This was continued until such time as all members of the Commissi are present. APPROVAL OF MINUTES Minutes of the Adjourned Regular Meeting of November 13, 1974. Moved by Comm. Gatto, seconded by Comm. Woodward to approve the Minutes of November 13, 1974, as submitted. Motion carried, 3-0-1, Abstain: Cooper POSTPONEMENTS: None WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None PC -17 6 Page i December 18, l97-' Nov. 13th Minutes approvad PC -176 Page 2 MINUTES OF THE DECEMBER 18, 1974 PLANNING COMMISSION MEETING PUBLIC HEARINGS 1. City of Cupertino: Public Hearing to consider 1973 Comprehensive General Plan. a. Hillsides The Planning Director stated that in addition to revision of the slope/ density formula, the staff has submitted a revised policy statement document. The Associate Planner reviewed the slope/density formula, calling attention to the differences in this latest revision, dated December 13, 1974. Comm. Gatto stated that this revision reflects pretty much what the Commission was asking for. Chairman O'Keefe asked for comments from the audience. Mr. William Herman, 101 Second Street, Los Altos, said he is very considering individual properties. He believes it is a big mistake to consider the Kester property as hillside property. He is also concerned ab€hfIbodlain, He said :7 acre .-in Mood- p ain costs -h- m uni s .- - His plan calls for tennis courts on this portion of the property, which would not matter whether or not it floods. Lastly, he said he would like the City of Cupertino to come to an early decision on this; it is costing him $250 per day while he waits for the decision. Discussion followed. Mr. Herman answered the Commission that this property has an 11% slope. He could not understand why he should lose 12 - 14% of his density because of 1% slope over the 10% maximum. Comm. Gatto noted there is a general transition reflected by rounding of the curve on the graph. Comm. Woodward said the City has to treat all the properties equitably. If they were treated individually we would end up in court. Comm. Cooper said the Planning Commission has been looking at different curves to try to determine what would be the most equitable curve. The Associate Planner presented some visual aids, illustrating existing and anticipated population. The Planning Director said Mr. Don Goodrich, the Traffic Consultant, is going to review all this material. It was agreed that detailed traffic information is needed. MINUTES OF THE DECEMBER 18, 1974 PLANNING COMMISSION MEETING Comm. Gatto agreed with the staff that the Planning Commission could begin reviewing applications for the hillsides at this point. The main question of overall density of the hills is prett- much resolved. The other problems will be addressed in the EIR's.1 Comm. Woodward agreed that we are far enough along now that we could proceed with applications, keeping in mind the guidelines the Planning Commission has set. Mr. Herman asked, under the present formula being considered, what number of units we are talking about for the Kester property. The Associate Planner said the map he submitted, if the measure- ments are correct and if the Planning Commission and City Council should adopt this formula, indicated the property will yield 64 dwelling units, less than the original number because of the flood plain. Mr. John Finemore, 22374 Riverside Drive, Cupertino, said he would like to see less density, particularly in these areas adjacent to the foothills. He would like to achieve a green backdrop to the City. There is also the point of view of the people living in the hills themselves and looking down, seeing the dense housing at 4.4 units per acre coming up against these hills. He believes the character of the neighborhood should be considered. This develop- ment represents intrusion into the neighborhood. Mr. Finemore said he also wanted to talk about innundation. South of Stevens Creek Blvd., there will be high velocity creek contact with any damage from the dam. He feels this slope/density formula gives a very high density in the lower foothills. He urged the Planning Commission to reduce it somewhat - between 2.5 to 3 units per acre rather than 4.4. This would serve then as a transition area between the upper foothills and the valley floor. Mr. Louis Stocklmeir, Stevens Creek Blvd., Cupertino, noted that since 1848, when Capt. Stevens led his party here, there has been no flood nor any such consequences as has been determined here. He stressed out difficulty will lie in the possible failure of Stevens Creek dam, caused by an 8.3 or greater quake. He feels this is of a more grave consequence to us. than the 100 -year flood. He said the earthquake along the San Adreas fault is 20 years overdue. There followed a discussion- of what action the Planning Commission might take at this time. It was felt that a consensus vote could be taken, keeping in mind that any final decision will be impacted by the forthcoming traffic report. PC -176 Page 3 PC -176 Page 4 MINUTES OF THE DECEMBER 18, 1974 PLANNING COMMISSION MEETING Moved by Comm. Gatto, seconded by Comm. Woodward that the Planning Commission would like -to go on record as accepting the composite S=5 to S=65, Plate 1.0, dated 26 November 1974 and revised 11 December 1974, to be used as a working guide for final analysis of the hillsides. Such slope guide shall be considered fixed unless further evidence indicates to the contrary. Comm. Cooper said she is still concerned about certain features of the land which would not be buildable and which in her mind should be excluded from the total computable formula. However, she would be willing to forego that discussion and discuss mainly the slope/density formula and go under the assumption there will be other ai.scussion and resolution of "smooshing". AYES: Comm. Cooper, Gatto, Woodward, Chairman -O'Keefe NOES: None ABSENT: Comm. Adams Motion carried, 4-0 Recess was called at 9:00 p.m. The meeting reconvened at 9:15 p.m. Hillsides cont`.Moved by Comm. Gatto, seconded by Chairman O'Keefe to continue the to 1/16/'15 Idiscusslons of the hillsides co Thursday, January i6, 1975,_A -L7 30 p.m. Mi t , '4-0 - -- Comm. Woodward suggested each Commissioner bring in a list of what they feel should be considered unbuildable land. UNFINISHED BUSINESS 2. Stevens Creek Flood Plain Land Use Element Revision — Referred by City Council to Planning Commission for report. The Assistant Planning Director reviewed the December 12, 1974 staff report. The Council has determined that if full credit was given for the natural flood plain it would be inconsistent with the policy statement. They decided credit would be given for flood plain area in the amount of one unit per acre as opposed to 0 — 4.4. Mr. Stocklmeir has requested some statement that he be permitted to keep his property within the flood plain in agricultural use. It was understood that this was given. MINUTES OF THE DECEMBER 18, 1974 PLANNING COMMISSION MEETING Comm. Gatto suggested the term "density transfer" not be used. The size of the property is not changing. He thinks it is a mistake to automatically set density without first considering thf character of the land. The original approach of 0 — 4.4 is much more subjective. He felt the decisions should be based on the merits of the proposal. Comm. Cooper felt there should be some guidelines for the flood plain. Attorney Sam Anderson, representing Mr. Stocklmeir, wanted to rai: a few points. In the last paragraph on page 1 of the Report, he believes the City and not the Water District should make the decision. There should be a statement here as to who is to set the boundaries here. He also wanted to discuss the land that is residential in nature. With•a range of 0 - 4.4, the money could be raised for financing. The Planning Director said, from a land use standpoint, it has the same residential designation as the other properties outside the flood plain, in referring to Mr. Stocklmeir's property. Mr. Stocklmeir said his property that has been included in the flood plain has been in orchard for 95 years. He felt this shoulc be recreational/agricultural. Mr. Stocklmeir next brought up the question of trails. He is ver} unhappy with the situation of trails along Stevens Creek. He emphasized that we are dealing with an historical. area. His home was built in 1904. It is an archeological site. It also happens that nearby is the site that was the first designated post office building in 1888.. There was also the matter that that particular location had a soil quarry that provided the fill for Vasona. It also happens that in 1849, Mr. Whisman settled in Mountain Vieu and started the first stage coach line in Santa Clara. Stevens Creek Blvd. was not cut through from Byrne to Foothill Blvd. until relatively recently. He would like to get together with the staff in regard to preservation of certain areas as well as discuss the environment. When you have trails and access points coming into the creek the animals leave. He asked that some consideratic be given to animals and creek life. Attorney Lester G. Sachs, 675 North First Street, San Jose, representing Blackberry Farms, Mr. Siegfried and Eric Nelson, saic Blackberry Farms is about 100 years old and is locally owned. They employ about 40 people on weekends in the summer season. They would like to continue being a good neighbor to the City of Cupertino. The Nelsons are on individual residences. Exhibit D puts their two residences inside the flood plain. It was his con- tention that Blackberry Farms is being treated differently from other properties in the area and not consistently with similar situations. PC -176 Page 5 PC --176 Page 6 MINUTES OF THE DECEMBER 18, 1974 PLANNING COMMISSION MEETING Blackberry Farms would like to have their 6 acres treated as other properties in the area are being treated. They do not object to the agricultural, designation for the Stocklmeir property. Mrs. Lucien Hertert, San Juan Road, said she would, like to see an EIR prepared on this property. This is the most environmentally fragile area we have. Norma Bradlyn, 22344 Riverside Drive, Cupertino, said Comm. Gatto is going against previous policy. She is afraid we are going to end up with high density in the hillsides. She is interested in retention of the historical things in Cupertino. Ann Anger, Monta Vista, wants to make sure the hillsides are kept low density. IIt was noted there is a 40 —day limitation on the report back to the City Council. Comm. Cooper said it would be a sin to overlook these things of historical value; it is worth the pursuit. She proposed the flood — - Comm..Ga.tto said the Planning Commission recommendation to the City Council - wad for the natura floodplain If this is to be expanded to include trail systems it should be included in the report, lie does not believe an__EIR is needed- _for a natural flood, plain but when we start talking about trails systems, then one should be considered. After discussion, item 33 (c) on page 3 was reworded. Comm. Woodward agreed with Mr. Sachs that the land outside the flood plain should be treated the same. He believes the 1.0 units per acre needs further study. He would like to consider 0 — 7.6 on the buildable. land. He would like to consider it mandatory that the Stocklmeir property be planned development. omm. Gatto said that in considering density, the owner's entire roperty must be considered. MINUTES OF THE DECEMBER 18, 1974 PLANNING COMMISSION MEETING Moved by Comm. Cooper, seconded by Comm. Woodward that the Planning Commission recommends acceptance of the Stevens Creek Flood Plain, amended as described in Exhibit B-1, dated December 11, 1974, with the following additions: The amendments as stated by the Planning Director in regard to the last paragraph of page lj the amendments as stated by the Planning Director for page 3 - C and the addition of #5 on page 3 as stated by the Assistant Plannir Director earlier - with the additional stipulation on page 3, item 3 - B that the maximum range be six units per acre on land which lies outside flood plain area when that land is developed in conjunction with the land that falls within the flood plain of a piece of property under one ownership; All properties listed here to be designated recreational/acri- cultural/residential. AYES: Comm. Cooper, Gatto, Woodward NOES: Chairman O`Keefe ABSENT: Comm. Adams Motion carried, 3-1 NEW BUSINESS -- None ENVIRONMENTAL REVIEW COMMITTEE: Recommendation for Negative Declaration 3. Application 72 -EA -74 Applicant May Investment Company Location Northerly of St. Joseph School Bldgs. Discretionary Action Requested:Application has not been filed yet. Moved by Comm. Gatto, seconded by Comm. Cooper to direct the Planning Director to file a negative declaration on 72 -EA -74. AYES: Comm. Cooper, Gatto, Woodward NOES: None ABSTAINED: Chairman O`Keefe ABSENT: Comm. Adams 4. Application Applicant Project Name Location Discretionary Action Requested: Motion carried, 3-0-1 75 -EA -74 City of Cupertino Abandonment of portion of Torre Avenue South of Homestead, north of Route 280 Abandonment of a portion of Torre Avenue dedicated by adjacent subdivision but nc longer needed due to Torre Avenue plan - line abandonment. L PC -176 Page 7 Recommendation to City Council 72 -EA -74 neg. decl. MINUTES OF TILE DEC1 'IB ER 1.8, 1974 PLANNING COMMISSION MELTING PC --176 Page 8 Moved by Comm. Cooper, seconded by Chairman O'Keefe to ask the Planning Director to file a negat:i.ve declaration on 75 -EA --74. AYES: Comm. Cooper, Gatto, Woodward, Chairman O'Keefe NOES: None ABSENT: Comm. Adams Motion carried, 4-0 5. Application 76 -EA -74 Applicant City of Cupertino Project Name Abandonment of portion of Blaney Avenue Location South of Homestead, north of Route 280 Discretionary Action Requested: Abandonment of the old Blaney Avenue alignment in front of P.G. & E. adjacen to Rt. 280 no longer needed since align ment was shifted when the overpass was constructed over Freeway 280. 75 -EA -74 neg. decl. move y omm, a o, sewn e yo; e e t F. 1 e -a eatk-ve-d-e-e�a.ration , ,l -6--A-74. 1nnxng k�trecoz- b� T = AYES : -ti - m-. Gazspi r, t. -to , Woodard, Chairman O- -Keefer NOES: None ABSENT: Comm. Adams Motion carried, 4-0 REPORT OF THE PLANNING COMMISSION 6. Election to be put on next agenda. REPORT OF PLANNING DIRECTOR • 7. The Director distributed HUD booklets. ADJOURNMENT Moved by Comm. Gatto, seconded by Comm. Woodward to adjourn this meeting at 11:45 p.m. Motion carried, 4-0 ATTEST: APPROVED: /s/ Win. E. Ryder. ___. /s/ Daniel P. O'Keefe City Clerk Chairman