PC 11-23-92 /� ?�..' , � , e , :.
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�CITY OF' CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA. 95014
(408) 252-4505
MINU'PES OF THE REGULAR MEETING OF THE PLANNING CO1rIIKISSION
HELD ON NOVFI��IBER 23 , 1992
SALUTE TO THE FZAG:
ROLL CALL:
Commissioners Present: Chairman Fazekas
Vice Chairperson Mann
� Commissioner Mackenzie
Commissioner Mahoney
Commissioner Austin
Staff Present: Robert Cowan, Director of
Community Development
Thomas Robillard, Planner II
APPROVAL OF 1�INUTES:
Com. Austin corrected the minutes of November 9 1992 as follows:
Page 1, Motion, it was Second by Com. Mackenzie.
MOTION: Com. Mann moved to approve the minutes of November 9,
1992, as corrected
SECOND: Com. Mackenzie
VOTE: Passed 4-0
ABSTAIN: Com. Mahoney
POSTPONIIKEN'rS OR NEW AGENDA ITEMS:
- None
WRITTEN COMMUNICATIONS:
No Discussion
ORAL COPIIKUNICATIONS :
- None
CONSENT CAI.ENDAR:
- None
PUBLIC HEARINGS:
1. Application No(s): 81,054.5 and 18-EA-92
Applicant: City of Cupertino
Property Owner: Same
Project Location: Citywide
Amend Title 14 of the Cupertino Municipal Code to read
"Street, Sidewalks and Landscaping" and adding Chapter 14.15
Xeriscape Landscaping. �
PLANNING COMMISSION MINUTES
Regular Meeting of November 23, 1992
Page 2
Staff Presentation: Planner Robillard presented the staff report.
He noted the State requires each City and County to either adopt
the State's Xeriscape Landscaping Ordinance or adopt their own.
Planner Robillard reviewed the changes as outlined in the staff
report. He stated the Commission has three enforcement options: 1.
Leave the Ordinance as is and allow property owners to rnaintain the
landscaping themselves; 2. Replace the word "should" to "shall" to
make it more enforceable; 3. Require a permit for approval.
Com. Mann questioned Section 5, she stated ASAC review should also
be included in #2.
Planner Robillard stated that �2 deals with Planned Development
Zone and ASAC does not have the direct authority to approve. He
stated it will be reviewed by ASAC, but the final action will be
taken by the Planning Commission or City Council.
Com. Austin asked why there are exceptions?
Planner Robillard stated that R1 is exempt because the City felt
people doing landscaping in their home should not have to go
through the process. He noted the 2500 s.f. exception was
included because there may be very little landscaping involved, for
example a gas station. He stated the thematic streetscapes have
been established which do not conform with the Xeriscape Ordinance.
Com. Mackenzie stated the guidelines were adopted many years ago.
He stated the guidelines have not changed, but adopting the
ordinance makes it law.
Com. Mahoney expressed concern about cemeteries being exempt.
Chr. Fazekas opened the public hearing.
Mr. Scott McGilvray, Jensen Corporation, Landscape Contractors,
stated he was on the Committee who wrote the Ordinance for the
State. He stated this Bili was debated before the State
Legislature for approximately two years and the exceptions are the
result of lobbyists, cemeteries being included. He also noted he
worked with Santa Clara County in developing an Ordinance for the
County. After much research it was better to go in the direction
of a water budget based ordinance rather than deal with certain
types of plants. He stated this concept is included in the City's
ordinance under Maximum Water Allowance. Mr. McGilvray presented
a copy of the formula used for the Maximurn Applied Water Allowance
adopted by the County and urged the Planning Commission to include
this in the proposed ordinance. Mr. McGilvray also suggested that
Section 1 through 5 should be the Ordinance and Section 6 through
10 should be made as guidelines and put into an appendix.
Chr. Fazekas closed the public hearing.
PLANNING COM�IISSION MINUTES
Regular Meeting of November 23, 1992
Page 3
The Commissioners discussed the Maximum Applied Water Allowance
formula presented by Mr. McGilvray. Com. Mackenzie suggested,
instead of using the formula, use 23 gallons per square foot which
is the result of the formula.
There was a consensus of the Cornmission to add the Maximum Applied
Water Allowance to the Ordinance and staff should work on the
formula.
Com. Mackenzie stated that the Ordinance should be as small as
possible with guidelines included. He also suggested that there be
a statement in which the Planning Comrnission or City Council can
exempt certain projects through the Use Permit process.
Planning Director Cowan stated a statement, as suggested by Com.
Mackenzie, would be too general.
Chr. Fazekas stated if cemeteries are not to be exempted the
property owners should be notified.
It was a consensus of the Commission to add Section 4G. R1 zoning.
There was a 3-2 vote (Mahoney, Austin No) to keep cemeteries in the
exemption section.
There was a consensus of the �ommission to continue this item to
review the final changes.
MOTION: Com. Austin moved to continue application 81,054.5 and
18-EA-92 to the meeting of December 14, 1992.
SECOND: Com. Mahoney
VOTE: Passed 5-0
2. Application No(s): 10-U-92 and 19-EA-92
Applicant: Westfield, Inc.
Property Owner: Same
Project Location: Corner Stevens Creek Blvd. and Wolfe Rd.
MODIFICATION OF A USE PERMIT to permit construction of a
parking structure on the front parking lot (Stevens Creek
Boulevard frontage) of the Sears Department store in Vallco
Fashion Park.
Staff Presentation: Planning Director Cowan presented the staff
report. He stated the request is to modify the Use Permit for the
expansion of Vallco Shopping Center. Mr. Cowan reviewed the
overall site plan outlining the areas for future building expansion
and the proposed parkinq structure. He stated the proposal is to
construct the parking structure in front of Sears along Stevens
Creek Blvd. Mr. Cowan stated the structure will have three levels
and have connections directly into Sears. He noted the Sears
PLANNING COMMISSION MINUTES
Regular Meeting of November 23, 1992
Page 4
building will be higher than the parkinq structure. Mr. Cowan
noted the Environmental Review Cornmittee did review this project
and determined that the parking structure will not generate more
traffic. The Environmental Review Cornmittee also reviewed, in
depth, the impact of the Cinema.
Mr. Cowan noted that aesthetics is a concern and a compromise with
Sears was to obtain the flexibility that small retail buildings
could be placed in front of the structure along Stevens Creek Blvd.
He also noted the upper level of the structure has been off-set 20
feet and trees will be planted along Stevens Creek Hlvd. He noted
ASAC will review the design and pedestrian walkways in more detail.
Mr. Cowan noted conditions of approval have been added to address
noise problems.
Chr. Fazekas opened the public hearing.
Aptalicant Presentation: Mr. John Endicott, Westfield Inc.,
addressed the site plan rnap outlining the area Sears owns. He
noted Sears has made a major commitment to Cupertino in improving
their store. He noted that Sears feels the Cinerna custorners will
not interfere with their customers, but they do want a priority
parking systern and this is the reason for the request. He stated
the parking structure will be connected to Sears and the purpose of
the Cinema is to provide additional customers to the Shopping
Center. He noted the cinema will be one and a half levels below
grade and will be accessed through the Mall. He stated there is
110 feet in front of the parking structure, as described by Mr.
Cowan, to provide for whatever may come along in the future. He
noted the parking structure blocking Sears is not a concern. Mr.
Endicott stated an exterior connection has been included, but is
still in the design stages. �
In response to Com. Mahoney's question, Mr. Endicott stated the
Cinemas will operate longer hours than Sears, but there is access
through the Mall. Mr. Endicott explained the reasons why this
request is coming forward at this time, noting they cannot deal
with the whole site at one time.
In response to Commissioners questions, Mr. Endicott stated a
parking structure on top of the Cinema buildinq would be too srnall
and many parking spaces would be lost. He also noted that in the
future the Mall operating hours will be extended.
Mr. Terry Ferrero, Project Architect, presented copies of a revised
plan which consisted of 311 parking spaces. He noted the parking
structure is approximately 26 feet in height. He stated the
proposed wall will be approximately 7 feet at one point, dropping
to 4 or 5 feet due to the slope. He stated the design will be the
same as the existing parking structures.
PLANNI�G COMMISSION MINUTES
Regular Meeting of November 23, 1992
Page 5
Chr. Fazekas stated this structure should look less like a parking
structure and more like a building.
Com. Mann suggested trying to integrate the parking structure with
a new facade on Sears. She feels the exterior of Sears should be
up-dated, architecturally, and tie the parking structure into this.
Com. Mackenzie stated that Vallco is not imposing on the City and
with that in mind he suggested lowering the structure by 5 feet.
Mr. Ferrero stated some parking would be lost and lowering five
feet is a cost factor. He also noted that they would lose the
connection to the lower level of Sears.
Com. Mackenzie suggested connecting the lower level of the parking
structure to the food court.
Chr. Fazekas closed the public hearing.
Com. Mann stated the structure should be lowered, as suggested b�r
Com. Mackenzie. She would encourage exploration into subtle
changes in the architecture combined with Sears. Com. Mann
suggested pedestrian access from the parking structure to Sears on
both levels 1 and 2.
Com. Mahoney stated if shops are to be built in front of this
structure, as addressed by Mr. Cowan, the construction of the
parking structure would be acceptable. If no shops, then the
structure would not be acceptable and noted it is not aesthetically
pleasing.
Chr. Fazekas concurred with Com. Mahoney. He stated the parking
structure is not acceptable and will not be well received by the
residents. He feels the parking structure should be elsewhere on
the site and before approval there should be public input. Chr.
Fazekas stated this should match the theme of Stevens Creek Blvd.
and should be lowered five feet, if approved.
Com. Austin stated this is a key corner, and a parking structure is
inappropriate. She noted, if approved, it should be mixed with
retail. Com. Austin stated this should be a landmark corner and a
parking structure does not tie in with the plans for Stevens Creek
Blvd.
Com. Mackenzie stated he would vote against the project as it
stands. He noted that the Stevens Creek Plan calls for wide
landscape buffers.
Com. Mann stated with the Cinema and the parking structure on the
same site it is very intensive for automobiles. She noted the
parking structure should be elsewhere on the property.
PLA�NING COMMISSION MINUTES
Regular Meeting of November 23, 1992
Page 6
MOTION: Com. Austin moved to deny application 10-U-92 with the
following finding: The architectural appearance does not
lend itself to the desired appearance along Stevens Creek
Blvd.
SECOND: Com. Mahoney
VOTE: Passed 5-0
MOTION: Com. Austin moved to recommend a Negative Declaration
SECOND: Com. Mahoney
VOTE: Passed 4-1
NOES: Com. Mann
Com. Mann feels there is a visual impact.
NEW BUSINESS:
- None
REPORT OF THE PLANNING COMMISSION:
Com. Austin addressed an article in the Metro regarding the Diocese
Property and an article in the Cupertino Scene regarding Cordova
Road.
Planning Director Cowan stated the City has not approved any new
development in the area of Cordova Road.
Com. Mann reported on the Affordable Housing Committee. She noted
the Companies in the City presented a new proposal to the City
Council, which has not been reviewed by the Affordable Housing
Committee.
REPORT OF DIREC'i'OR OF COMIKIJNITY DEVELOPMENT :
- None
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
PLANNING COM��IISSION MINUTES
Regular Meeting of November 23, 1992
Page 7
ADJOURNMENT: The Planning Commission adjourned at 9:05 P.M. to
the next Regular Meeting of December 14, 1992 at
6:45 p.m.
Respectfully submitted,
� �"
Catherine M. Robi�lard,
Recording Secretary
Approved by the Planning Commission
at the Regular Meeting of December 14, 1992
/s/ Dar 1 Fazekas
Dary Faze as, Chairman
Attest:
/s/ Dorothy Cornelius
Dorot y Corne ius, City Clerk