PC 03-23-92 � ��
CITY OF CIIPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA. 95014
� (408) 252-4505
�. MINIITEB OF T8E REGIILAR I�EETIN(i OF THE PLANNING COMMISSION
. BELD ON MARCH 23, 1992 �
BALIITE TO T8E FLA(3 s �
ROLL CALLs
Commissioners Present: Chairman Fazekas
Vice Chairperson Mann
Commissioner Mackenzie
Commissioner Austin
Commissioners Absent: Commissioner Mahoney
Staff Present: Robert Cowan, Director of
Community Development
Ciddy Wordell, City Planner
Bert Viskovich, Director of Public Works
Cheryl Kershner, Deputy�City Attorney
APPROVAL OF MINIITEB:
i
MOTION: Com. Mann moved to approve the minutes of March 9, 1992,
as presented
SECOND: Com. Mackenzie
VOTE: Passed 4-0
ABSENT: Com. Mahoney
MOTION: Com. Austin moved to approve the minutes of March 11,
1992, as presented.
SECOND: Com. Mackenzie �
VOTE: Passed 4-0
WRITTEN COMMiJNICATIONB:
Mr. John Allen
City Planner Wordell stated the letter from Mr. Allen requests the
Planning Commission to delay discussion on the Monta Vista area
until the residents are more aware of the issue.
POSTPONEMENTS OR NEiI AGENDA ITEMB:
1. Application 13-U-88 - Applicant requests continued.
MOTION: Com. Mackenzie moved to Continue application 13-U-88 to
April 13, 1992
SECOND: Com. Austin ,
VOTE: Passed 4-0
ABSENT: Com. Mahoney
PLANNING COMMISSION MINtJTEB
Regular Meeting of March 23, 1992
Page 2
ORAL COMMIINICATIONB:
. - None
� CONSENT CALENDAR: �
- None
PIIBLIC HEARINGS:
2. Application No(s): 1-U-92 and 1-EA-92
Applicant: Jack In The Box
Property Owner: Richard and Anita Messina
Project Location: 20803 Stevens Creek Blvd.
USE PERMIT to demolish an existing building and construct a
new 2,600 s.f. fast-food restaurant.
Staff Presentation: Planning Director Cowan presented the staff
report. He noted the request is to redevelop the half acre site to
construct a 2600 s.f. Jack In The Box. He showed a site plan of
the proposed use. He stated staff is recommending denial because
the General Plan actively discourages more free-standing fast food
restaurants. With regards to the traffic, Mr. Cowan stated three
similar sites were studied and the traffic report was reviewed by
the Environmental Review Committee. He also pointed out that the
intersection is a heavily used non-signal intersection and if the
proposed use is successful more traffic problems will occur.
Mr. Cowan outlined the parking configuration and noted staff would
like to pursue reciprocal access agreements with the Good Earth
Restaurant. He noted a condition of approval requires the
architecture to be reviewed by ASAC.
Chr. Fazekas stated the architecture should look less like a fast
food restaurant.
The public hearing was opened.
Ap�licant Presentation: Mr. Jim Jackson, representing the'
applicant, discussed Policy 2-52 of the General Plan, he feels this
policy does not prohibit fast food restaurants and that the
proposed use is the replacement of a similar existing use. Mr.
Jackson stated trip end constraints and FAR will control the
traffic generated. Regarding the architecture, Mr. Jackson stated
the Planning Commission have design control. Mr. Jackson stated
that the proposed use would be an advantage to the City. He did
not favor staff's alternatives as outlined in the staff report. He
noted, in the original site plan submitted to staff, the building
was on the West, but staff felt it was more appropriate on the
East.
PLANNING COMMI88ION MINIITES
Regular Meeting of March 23, 1992
Page 3
Mr. Dan Martinez, Architect, stated the existing curb cut is
approximately 30 ft. from the corner of Stevens Creek Blvd and
Saich Way. He stated the revised plan moved the curb cut further
away from the corner which will help the circulation. He noted
they are in agreement w'ith staff to remove the first two parking
stalls along the west property line and replace them with
landscaping as well as more landscaping along the front of Stevens
Creek Blvd. Mr. Martinez noted the original proposal meets many of
staf�'s recommendations.
Mr. Jim Jackson stated it is impossible to move the building over
and still save the tree while keeping the same layout. He stated
the tree could be saved if the building was on the west side.
Mr. Martinez stated an alternative is to go back to the original
proposal and meet staff's recommendations. He discussed the two
magnolia trees on-site, noting these could be save with the
original proposal. He feels the original proposal will tie in with
the existing shopping center. He also noted the original layout
does allow for more outdoor seating. _
In response to Com. Mann's question, Mr. Martinez stated the
, property is not wide enough to change the configuration of the
building.
Mr. Al1en Moll, President, Good Earth Restaurant, expressed concern
regarding the reciprocal access and the curb cuts. He stated this
would cause more problems for the Good Earth Restaurant. He noted
they have reciprocal access with the office complex to the w�st.
In response to Com. Mackenzie's question, Mr. Moll stated there are
approximately 120 seats in the Good.Earth Restaurant. He noted the
typical meal periods are the busiest.
Mr. Hong Lin, Share owner of Magic Wok, stated he has been trying
to sell this property for a long time and it has been difficult
because of the requirements of the City. He noted small business
owners do not have the resources to meet all the requirements. He
stated the people working in the City need somewhere to eat
quickly. He feels this is a good location for a fast food
restaurant and the Planning Commission should consider approving
this.
Mr. Gh. R. Damabeh, 10033 Saich Way, stated he would like to see a
new business in this site, but is concerned about the location of
the structure as proposed. He noted this will block the view of
his bt�siness and other businesses from Stevens Creek Blvd.. Mr.
Damabeh stated he has approximately 900 customers a day and is
concerned about the traffic impact.
Mr. Phil Zeitman, CURB, suggested that the Planning Commission
uphold the General Plan policy.
PLANNINC� COMMISSION MINIITES
Regular Meeting of March 23, 1•992
Page 4
Com. Mann stated she prefers staff's alternative to combine this
structure with the other buildings. She stated the outdoor seating
should not be on Stevens Creek Blvd. because of noise and
pollution. Com. Mann stated this type of restaurant will create
more traffic than the Magic Wok. �
In response to Com. Austin's question, Mr. Jackson stated there
will be approximately 800 customers per day in Jack In The Box.
Com. Mackenzie stated he is against the proposal and feels there is
too much building on a small lot. He expressed concern regarding
the intersection. He stated the two parking spaces should be
removed as recommended by staff and also supports staff's
recommendation to place the building on the front of the lot.
Chr. Fazekas stated the applicant needs to work with staff on a
proposal for Saich Way, to obtain an approval. He feels the
traffic is acceptable at this time, but would still like to see a
proposal on the street as a whole.
Com. Austin stated the property owner's options are limited. She
does not feel this site is appropriate for housing.
Mr. Jackson requested a two week continuance.
The Commissioners gave direction to the applicant.
Com. Mann requested that the applicant consider many of ASAC's
recommendations and the architecture should show creativity. She
added that the building should contain more architectural detail.
Com. Mann stated the outdoor seating should not be placed on
Stevens Creek Blvd. She suggested a curb cut on Saich Way with no
left hand turn.
Chr. Fazekas concurred with Com. Mann regarding the architecture
and that it should blend with the surrounding buildings. He stated
there should be no metal roof material . He has no obj ection to the
two driveways proposed, but spoke in favor of the reciprocal access
through Good Earth. Chr. Fazekas stated the building should be on
the east side.
MOTION: Com. Mackenzie moved to continue application 1-U-92 and
1-EA-92 to April 13, 1992.
SECOND: Com. Mann
VOTE: Passed 4-0
ABSENT: Com. Mahoney .
PLANNING COMMI88ION MINIITSS
Regular Meeting of March 23, 1992
Page 5
3. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC
HEARING to continue discussion of the General Plan
recommendations. Subject: Land Use, including Monta Vista,
Hillsides, Housing, Transpprtation, Public Services,
Utilities, Environmental Resources, Public Health and Safety.
Staff Presentation: City Planner Wordell outlined the schedule for
this hearing and noted the Chairman of the Library Commission would
like to address the Planning Commission.
Ms. Gene Bedord, Chair, Library Commission, expressed concern about
the statements in.the General Plan. They do not feel the current
situation of the library is adequately represented. She stated in
the last four years the usage of the library has doubled and will
continue to increase. She stated the Library Commission is
requesting that it be acknowledged in the General Plan that the
usage will increase and there may be a need for a larger facility.
In response to Com. Mann's question, Ms. Bedord stated the problem
with creating another branch is staffing it.
The Commissioners went on to discuss hillsides.
City Planner Wordell reiterated comments from the March 9, 1992
meeting outlining the points the commissioners reached a consensus
on.
Com. Austin read a letter from Com. Mahoney regarding hillsides, a
copy of which was submitted.
The Commissioners discussed the hillside line.,
Com. Austin stated the line should remain where it is as it has
been in effect for the last 20 years. She recommended looking at
the Seminary property without moving the line.
Com. Mackenzie did not feel the seminary property belongs in the
� hillside ordinance.
Chr. Fazekas stated the Commissioners should go through the
Seminary property_as a whole and come up with specific guidelines.
The Commissioners went through Com. Mackenzie's Proposed General
Plan Policy for the Diocese property and voted.
1. When the property is rezoned, the developer must present a
specific plan which will be evaluated on the following
criteria. The approving agencies at that time will determine
if a specific plan adequately meets these criteria. 3-1 (Mann
No.)
PLANNING CO1�IIrII88ION MINIITES
Regular Meeting of March 23, 1992
Page 6
In response to Commissioners questions, Mr. Cowan stated the
conceptual zoning plan will outline the location of buildings and
roads as well as the type of buildings.
2. The City will retain a consultant (at the developer's expense)
to perform an EIR. As part of the EIR, the consultant may
prepare an alternative specific plan which will also be
evaluated on the same criteria. 4-0.
3. Any portion of the property above the 'hillside' line should
be allowed no more density than provided by the City's
hillside ordinances. Possibly some of this land will be
allowed less density as part of a package for the total
landholding. 4-0.
4. The developer must provide a City park adequate to meet the
General Plan's ' 3 acre per 1000' rule for neighborhood N. 3-1
(Mann No.)
Com. Mann did not feel a City Park is necessary in this area
because of the County park and does not feel it would get good
usage. She feels the open space within the Diocese property should
be private open space. She noted, economically, the City cannot
develop or maintain a park.
Ms. Wordell stated the Parks & Recreation Commission did recommend
a City park on the property if developed.
Com. Austin stated there are different activities at a City Park.
5. Ecologically sensitive areas must be avoided in any
development plan. This means:
staying away from the creekbed; .
keeping as many trees as possible.
The EIR may determine other sensitive areas, also those areas
identified at previous hearings. 4-0.
6. The steeper a slope, the more it should be avoided. Slopes
over 30� must not be developed. 4-0. �
7. Ridge lines should be avoided. Structures must not be built
which will interrupt the ridge line as viewed from I-280 or
Foothill Blvd. 4-0.
8. All structures should avoid strong view impacts. This means:
keeping structures low;
avoiding multi-story structures;
using materials and colors that blend with the landscape;
avoiding sheer walls of glass or other visible materials;
avoiding steeply sloped roofs;
stepping structures down hillsides;
PLANNING COMMISSION MINIITES
Regular Meeting of March 23, 1992
Page 7
minimize paved areas. 4-0.
9. Development should be sensitive to the Open Space Preserve.
Some buffering should be provided between the Open Space
property and developed areas. The view from the Open Space
, property should be considered. 4-0.
. 10. The provision of parking facilities at an access to the Open
5pace property is encouraged. 4-0.
Ms. Ruth Schriber, County Planner, stated the neighborhood park,
which is being proposed, would be more active and the parking
requirements would be a concern. She requested a study of the
traffic circulation before more housing is developed. Ms. Schriber
noted the limit in parking spaces will control the amount of people
using the park at any one time. She stated the County does have a
plan to provide an additional 44 spaces. She noted the park serves
people from many communities.
il. A gated community is to be avoided. Public streets accessible
to everyone are encouraged. Park facilities are to be
publicly owned and available (in appearance and in fact) to
� all Cupertino citizens. 4-0.
Com. Mann stated the open space should be private open space and
not open to the public because of liability issues. She also
stated that people living on this property may not want people
' walking on their property.
12. Encourage large open space that have public utility, that are
not developed, and can be donated to public agencies so they
are available to everyone. 3-1 (Mann No)
13. Multi-family housing is encouraged provided. that adequate
public transportation is available. 4-0.
a. Ten percent of all the housing units should be affordable
to moderate income persons, using the State definition of
, affordable. 4-0.
14. Specific plans providing smaller, less expensive, houses are
preferred over plans with larger homes. 4-0.
Com. Mann requested additional items to be added: Development
should be clustered; no fencing; no sidewalks; semi rural ambience;
property in Southwest corner dedicated to open space district or
development rights given to the City; allow multiple units with
density to be determined; all property not built on would belong to
the Homeowners and maintained as private open space. She stated
the total number of units she recommends is 200.
Com. Austin spoke in favor of the clustering.
PLANNING COMMI88ION MINIITES
Regular Meeting of March 23, 1992_
Page 8
Regarding roads and pathways, Chr. Fazekas stated he would
encourage walkways of a rural type.
The Commissioners went on to discuss density.
Com. Mann presented her density plan for the Diocese property. She
outlined the.four areas where development should occur for a total
� of 200 units. This would consist of 107 multiple units and 93
single family homes.
Com. Mackenzie stated that there should be more than 20 percent of
development allowed on the f lat lands.
Com. Austin stated as much of the property as possible should be
preserved for open space.
Chr. Fazekas proposed 290 single family homes with additional
multiple family units.
In response to Com. Austin's question, Mr. Viskovich stated the
existing roads could handle development of 480 homes in the
hillsides.
Com. Mackenzie stated there is a need to limit the single family
homes and the multi-family homes.
The Commissioners discussed the total number of units to be
developed on the Diocese property and decided to wait until Com.
Mahoney was in attendance before making a decision.
The public hearing was opened.
Mr. Richard Schumacher, 11331 Bubb Rd., stated that the
Commissioners should consider the value of open space to Cupertino,
but urged the Commission to keep the number of units high so the
current owners get fair value for the land.
Mr. Steven Ha2e stated that the clustering concept could increase
density. He stated the hillside ordinance which is proposed has
90� private open space and suggested that the developer be given
density bonuses if they provide public open space. He asked if the
Commission would address Inspiration Heights. He expressed concern
about the public park, noting there would be spill over from people
using the County park.
Ms. Diane Morena Ikeda, FAIR, commended the Commission on their
work on the Diocese property. She stated this is the opportunity
to have both open space and housing. She stated that the seminary
land is an excellent view point.
Ms. Ann Anger stated she is in support of housing on the Diocese
PLANNING COMMISSION MINIITES
Regular Meeting of March 23, 1992
Page 9
property. She feels there is a lot of pressure put on the City of
Cupertino regarding the County park. She stated there are over
1000 acres of open space at Stevens Creek Park and this should be
considered when discussing open space.
� Mr. John Sobrato, Sobrato Development, asked the Commissioners to
focus on the following points before their next meeting:
1. The second connection at Stevens Creek Blvd. He stated there
are problems when trying to cross the railroad lines on grade.
The Commissioners should consider an emergency access only.
2. Consideration to have the ability to develop the Seminary
property and continue development after two years.
3. Councilmember Goldman's plan was not a consensus of the
Council.
This discussion was continued to March 30th at 6 p.m.
Mr. Bert Viskovich outlined the tier approach and explained the
traffic issues associated with each tier.
i
Mr. Cowan stated Mr. Viskovich's presentation will be submitted to
the Planning Commissioners in written form.
Chr. Fazekas stated there will be an additional 1,775,000 s.f.
� added to_the pool by using the tier approach.
Com. Mann requested a list of other issues that would impact the
traf f ic.
MOTION: Com. Mackenzie moved to continue 1-GPA-90 to the meeting
of March 30, 1992 at 6:00 p.m.
SECOND: Com. Austin
� VOTE: Passed 4-0
� ABSENT: Com. Mahoney
' NEW BIISINE88:
4. Appointment to Environmental Review Committee.
This item was continued to March 30, 1992.
5. Consideration of forming a Zoning Ordinance Review
Subcommittee and possible appointment of two Planning
Commissioners.
Com. Austin and Chr. Fazekas volunteered to be on the Zoning
Ordinance Review Subcommittee.
PLANNIN(� COMMISSION MINIITES
Regular Meeting of March 23, 1992
Page 10
REPORT OF THE PLANNINCi COMMI88ION:
- None
REPORT OF DIRECTOR OF COMMIINITY DEVELOPMENT:
- None
DISCIISSION OF NEWSPAPER CLIPPIN(38:
The Commissioners discussed an article submitted by Com. Austin
regarding housing prices.
ADJOIIRNMENT: The Planning Commission adjourned at 11:30 P.M. to
the next Special Meeting of March 30, 1992 at 6:45
p.m.
Respectfully submitted,
r
Catherine M. Robi ard,
Recording Secretary
Approved by the Planning Commission
at the Regular Meeting of , 1992
/s/ Daryl Fazekas
Daryl Fazekas, Chairman
Attest:
/s/ Dorothy Cornelius
Dorothy Cornelius, City Clerk