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PC 11-23-92 /� ?�..' , � , e , :. �: �� .�=- � _ � �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