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PC 05-10-1993 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252 -4505 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MAY 10, 1993 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairwoman Austin Commissioner Doyle Commissioner Bautista Commissioner Roberts Commissioners Absent: Commissioner Mahoney Staff Present: Robert Cowan, Director of Community Development Ci.ddy Wardell, City Planner Planning Director Cowan noted that the regular meeting was canceled and this is an adjourned regular meeting. City Attorney Kilian stated Commissioners which are absent must listen to the tapes. POSTPONEMENTS OR NEW AGENDA ITEMS: - None WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: 1. Application No(s) 3- GPA -90 and 50 -EA -90 Applicant: City of Cupertino Property Owner: City of Cupertino Project Location: Citywide Proposed General Plan Amendments and Draft Environmental Impact Report. Staff Presentation City Planner Wardell reviewed the response to verbal comments addressed at the May 6th meeting. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 2 Level of Service Ms. Wordell outlined the levels of service noting the intersections at De Anza Blvd. and Stevens Creek, and De Anza Blvd. and Bollinger will go to an E+ level. She noted the Commission must decide if the traffic level decrease from D to a lower standard would be a significant effect? If these intersections are defined as significant effects there are three options: 1) The project would need to be changed, 2) additional mitigations proposed, or 3) overriding considerations found to approve the project in these cases. In response to Com. Bautista's question, Ms. Wordell stated if the Commission found the intersection at Stevens Creek and De Anza acceptable, in order to implement the heart of the city, the same overriding consideration may be applicable to Bollinger and De Anza. Chr. Austin stated the previous Planning Commission felt the overriding considerations would be acceptable for many reasons and the City Council agreed. Mr. Cowan stated that De Anza and Bollinger intersection was not identified to be an E+ level at that time. He stated the Council changed the commercial growth for the potential possibility of a big box retail and this may have caused the E+ level at De Anza and Bollinger. Com. Bautista stated he would like to see what type of mitigation would be required to maintain a level of service D at Bollinger. He noted they should keep control of the standards before development. Ms. Wordell stated the Traffic Engineer indicated that he could not recommend any physical changes. She stated it would mean an amendment to the project in terms of growth to maintain the level of Service D, as addressed by Com. Bautista. Com. Roberts asked if the City has any control over De Anza Blvd. between Rainbow and Bollinger? Mr. Cowan stated they have a joint agreement to extend the interconnect system further south and this will be on the Council agenda. Com. Roberts expressed concern about backing traffic up into adjacent cities. The Commissioner discussed the adequacy of the EIR regarding these intersections. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 3 City Attorney Kilian stated the EIR is adequate because it gives options to address the problems. Com. Roberts stated the EIR does address the problem, but the traffic model is not set up to predict the situation at isolated intersections. He expressed concern about impacts being accurately evaluated. City Attorney Kilian stated if t:ne Commission does not feel that the traffic studies are sufficient to give an adequate EIR analysis, this needs to be addressed. Com. Roberts reiterated that the intersections can be monitored periodically and also when projects come in. He noted he would like to see this outlined in the General Plan. ► Mr. Cowan stated State law requires an annual review of the General Plan, and stated the implementation section would be the place to add Com. Roberts' request. Com. Roberts stated there should be an annual review of the level of service. Chr. Austin concurred. Com. Bautista stated specific plans for these areas will address the problems. Mr. Cowan stated CMA requires the City to do a traffic analysis for projects of a certain size and noted an annual review of the levels of service can also be implemented. City Attorney Kilian reiterated Com. Bautista's preference, that a ► project would not be approved if 7.he level of service dropped from D to E. Com. Bautista stated a specific plan for the intersection of De Anza and Stevens Creek Blvds. should not result in a level of service E. He stated if a level of service E is accepted at De Anza and Stevens Creek then a level of service E will be reached at De Anza and Bollinger. Com. Doyle stated the Planning Commission and City Council accepted the level of service E at De Anzac and Stevens Creek and not at De Anza at Bollinger. Mr. Kilian stated the Council only approved the level of service as a tentative plan to be analyzed under the EIR. The statement of staff is that both intersections do not meet the criteria of level of service D or greater so one of the options needs to be selected. Ms. Nancy Burnett, 729 Stendhal Ln. stated the intersection at Lawrence Expressway and Bollinger has a level of service E and this PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 4 will affect the other intersections. Mr. Mark Kroll, City Center Associates, stated the Commission should keep in mind that they are working within a regional system and the level of service E will spread the traffic throughout the system. He noted even if Cupertino does not grow the intersections will still reach the level of service E and the City will not receive any of the benefits of growth. He stated this should be considered as a regional traffic system. Com. Bautista believes that if all Cities are thinking the same way, eventually all intersections will reach a lower level of service. Mr. Kroll stated the regional transit model and the Congestion Management District will deal with the issues. He stated if buildings are shut down to bring the traffic level of service to a C, it will make little difference to the region. He stated dropping from a level of service D- to an E+ does not make much difference. In response to Com. Roberts concerns, Mr. Kroll stated Cupertino has done a good job in controlling traffic. He stated the solutions lie in more mass transit and reasonable growth. Mr. Cowan stated the Planning Commission has to assume that the traffic model the City uses is the best tool available at this time. He stated CMA, as well as the City, requires a project by project review and if the project generates more than one percent additional growth on any particular intersection, an assessment will be completed. Com. Roberts expressed concern about accepting level of service E and then the next step will be to accept a level of service F. He stated when the project is reviewed, make it clear that it is level of service E that is accepted and not any lower. Chr. Austin expressed concern about level of service E and would like to have this monitored. She noted if growth is allowed the companies must mitigate for this. She stated the Commission and City Council, throughout the process, accepted E+ level at De Anza and Stevens Creek. Mr. Kilian stated for a statement of overriding concern there must be findings and evidence to support the findings. City Planner Wordell stated staff will be preparing findings when the final document is submitted. Mr. Cowan suggested adding to page T4 of the General Plan, #6 Conduct a level of service analysis to be completed and presented during the annual General Plan review. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 5 Tier 1, 150,000 sq. ft. Mr. Cowan stated the Planning Commission requested that the 150,000 sq. ft. be set aside for smaller and mid -range companies. He noted he provided the Commissioners with information from the Chamber of Commerce regarding the type and size of companies in Cupertino. He stated they are not granting entitlement to properties, but to companies. Mr. Cowan suggested a policy to allocate space to smaller companies with the following criteria: A. Company must employ 200 -1000 people. B. Company must own the land. C. Headquarters or a major division must be located in Cupertino. Mr. Cowan stated the 150,000 sq. ft. only applies to office /industrial and R &D. He noted staff did call Measurex and the Chamber of Commerce. Ms. Nancy Burnett asked how much actual square footage would be left of the Tier 1 when the 150,000 sq. ft. is given to the smaller companies? She stated the tier 1 allows 10 percent discount. City Planner Wordell stated they are dealing with the reallocation and the tiers are above this. Mr. Herman Hijmans, Chamber of Commerce, noted the Chamber has not been able to address this issue at this time. Mr. Sherman Davis, Director of Facilities, Measurex, spoke in support of the allocation of the 150,000 sq. ft. Mr. Davis reiterated the agreements Measurex had with the City. Mr. John Hailey, Tandem Computers, stated the 150,000 sq. ft. is important to the major companies because it is not known if the 2 million sq. ft. is real or achievable. He noted the only reason this was considered was because companies came forward and made the request. He stated the action tonight will include companies who did not make a request. Mr. Hailey pointed out that the basic rule is that start up companies rent.. He supported Measurex being included in the reallocation. Mr. Roger Ozer, Symantec, gave background information of Lincoln Properties and Symantec. He stated they are proposing 102,600 sq. ft. rentable building, three stories in a design scale as the existing building. He stated at this time it is the plan that Symantec would occupy the second building. He agrees with the 150,000 sq. ft. being allocated to smaller companies as it encourages diversity and job growth. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 6 In response to Com. Bautista's question, Mr. Ozer stated Symantec does not own the building. He noted they will be 100 percent land owners of the new phase. Mr. Cowan suggested modifying criteria B to say that the company should have substantial interest in the land and /or building. Com. Bautista suggested adding language that the company must have a long term commitment to the City. Com. Roberts spoke in favor of lowering the number to 100 employees. Com. Doyle expressed concern about a number of small buildings being built if the number is lowered. Com. Bautista stated he has no problem with 100 employees as other criteria must be met. Chr. Austin, Com. Bautista, Com. Roberts agreed to lower the number to 100 employees. Park Element City Planner Wordell reviewed the areas discussed at the last meeting. She noted in talking to the Director of Parks, their intent is to pursue additional parks. She stated on the Parks and Recreation Commission's work program for fall, they will look at the possibilities of a park in J1, J2 and K. Ms. Wordell reviewed areas Ll and the opportunities for parks. She noted L2 area is deficient and there is no open space for a park. Ms. Nancy Burnett stated a park south of the freeway would impact J1, J2 and K. She conveyed her appreciation to Com. Roberts for calling to attention the final determination, regarding a neighborhood park site, would be after the completion of the Cupertino School District's Segwick School's Master Plan. She suggested tighter wording. Ms. Wordell stated the Master Plan, as addressed by Ms. Burnett, is complete. Jobs housing imbalance Ciddy Planner Wordell reviewed the jobs /housing ratio and noted they are using the ABAG number. She noted staff did meet with ABAG to discuss how they came about their numbers and do feel comfortable using the numbers. She noted in 1990 the jobs /housing ratio was 1.31 and is projected to go to 1.68. Ms. Wordell showed a chart outlining what is happening throughout the County regarding the jobs /housing ratio. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 7 Mr. Cowan noted north county cities have vast tracks of land that were master planned for industrial development. He noted, given the market, lands are being used for residential development as opposed to industrial. He noted Cupertino does not have the land 0 to do this and also can not reach a jobs /housing balance unless industrial development is ceased. Com. Roberts pointed out that there are five new jobs for every new employed resident, as addressed in the staff report. Mr. Kilian stated the jobs /housing balance is a goal or formula which is established state wide and in itself is not an environmental impact. He noted it may create impacts and is also an important part of adopting the General Plan. Com. Roberts addressed the number of jobs under the proposed 1 General Plan Build out. Com. Roberts and staff addressed the number indicated by ABAG. Ms. Wordell stated staff uses the ABAG projections because they are common to all jurisdictions. She noted that the ABAG projections were not used for the City's projections, as far as jobs are concerned. She noted this will be clarified in the General Plan and EIR. Com. Roberts suggested staff supply a version of the jobs /housing employment numbers for the General Plan which actually corresponds to the basis for the EIR. Ms. Nancy Burnett stated the latest update needs to be included in the General Plan. She addressed the growth predicted by ABAG. Ms. 1 Burnett reviewed the number of units required for each category of 1 development. 1 Com. Roberts stated he would like assurances that the impacts are evaluated on the actual anticipated increase in jobs. Mr. Cowan stated staff will put together a new table which will show the City's projections for housing. Com. Roberts stated he would like it stated clearly that there will be five new jobs for every one employed resident. Ms. Wordell stated staff will return with suggestive wording. Mixed Use Planning Director Cowan stated it was the Planning Commission's desire to have more residential along Stevens Creek Blvd., in order to have people interact. He noted this will also provide more space for residential growth. He added the only opportunities for additional housing is for major companies to integrate housing on their campuses and also along Stevens Creek Blvd. Mr. Cowan stated mixed use is two distinct land use types on a single parcel. He PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 8 noted the mixed use can be either vertical or horizontal. Mr. Cowan addressed the specific language in the General Plan regarding development activities and mixed use. Mr. Cowan addressed designating properties for apartments only. He stated the decision has been, not to specify the tendency at the General Plan stage, but just the intensity and use the zoning tools to designate land for apartments. Mr. Cowan noted financing for apartments is difficult to obtain because of rent control. He stated there is a General Plan policy which recommends retention of the condominium law. He stated the General Plan should be used to dictate density. Chr. Austin believes apartments are the only source of affordable housing. Com. Bautista expressed concern about vertical mixed use and noted he has not seen this implemented successfully. He suggested de- emphasizing vertical mixed use in General Plan. Mr. Mark Kroll stated they have done many mixed use projects in Santa Clara County and his experience is that vertical mixed use is difficult to work in the long run. He noted horizontal mixed use is more successful and would encourage the Commission to let the designers and planners deal with how the use is mixed. Ms. Wordell stated staff will remove the words as addressed by Com. Bautista, but noted they have looked at vertical mixed use projects that have been successful over the years. Chr. Austin spoke in favor of not specifying one type of mixed use over another. She also suggested adding a glossary to the General Plan to define some of the terms used in the General Plan. In response to Com. Roberts concern regarding recreation facilities in town center specific plan, Ms. Wordell stated staff will come back with proposed wording at the May 18th meeting. Height Limitation Mr. Cowan noted staff converted the reference of stories to height. He stated two story with possible three story was allowed along Stevens Creek. He stated the rationale for the 30 -45 ft. was to allow the flexibility for mixed use. Mr. Cowan showed a map outlining the building heights throughout the City and noted the overall height limit is more restrictive in the new General Plan. Chr. Austin stated higher density was allowed on Stevens Creek because of potential transportation. Com. Bautista expressed concern about three stories along Stevens PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 9 0 Creek, in terms of creating a parkway. He added he does not see a downtown area along Stevens Creek Blvd. Com. Bautista outlined his vision of Stevens Creek. He stated the Wolfe Road approach should be continued along Stevens Creek Blvd and noted the height proposed does not blend with what is existing. He spoke in favor of creating a parkway as opposed to a downtown area. He believes that three story buildings near the street limits the city's ability to create a parkway for people. Mr. Cowan presented a drawing outlining the building height to street width ratio. He reviewed the Friedman plan and feels the option to have 30 -45 ft. limit should be left open. He noted what Com. Bautista discussed will be the focus of the Stevens Creek Specific Plan. He noted throughout the process it has been indicated that the Heart of the City should be oriented for pedestrians. Com. Doyle stated the specific plan will address issues and is not concerned about the maximum height proposed. Mr. Cowan stated the initial wording of the General Plan was to have Stevens Creek Blvd. as the Heart of the City and this was changed to say on or near. Com. Roberts spoke in favor of the Heart of City being pedestrian oriented. He added that 30 -45 feet gives more flexibility for design. Chr. Austin stated that Stevens Creek Blvd. and De Anza Blvd. are very unfriendly and one of the reasons is because the buildings are so far away from each other. She spoke in favor of creating an area which would be recognized as Cupertino and also supports the Cali Plan. Mr. Herman Hijmans stated the Chamber has always advocated higher density along Stevens Creek Blvd. in order for mass transit to be successful. He noted 30 -45 ft. should be the absolute minimum and the General Plan should retain the flexibility. He stated additional housing can only be built if higher density is allowed. In response to Com. Doyle's question, Mr. Hijmans stated there are several ways to build on Stevens Creek such as retail below and residential above. He noted this is a long term project and hopes the City will let the market place rule what would be the most suitable at that time. He added there are very strong design guidelines in place and further development along Stevens Creek should be looked at carefully. Mr. John Hailey stated he would urge the Commission to recommend to Council that the General Plan be completed prior to the charette. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 10 Traffic Mitigation Mr. Cowan stated the major goal of the City is to divert traffic off the residential streets and onto the major arterials. He reviewed the traffic barriers which are existing and noted the use of stop signs on Stelling and Blaney are examples of impediments on thru streets. He stated there is a long history in the Community to protect the neighborhoods. In response to Com. Roberts question, Mr. Cowan stated the mitigation along Rainbow was to slow down traffic. He noted he does not see this as a model for other development. Mr. Cowan added that the City will implement more measures if problems occur and noted the focus of the transportation plan is to get traffic out onto the major streets. Toxic Air Emission City Planner Wordell addressed Com. Roberts concerns regarding toxic air emissions. She stated the Tanner section deals with the management of hazardous waste and the section before this in the EIR discusses air quality and toxic emissions and feels this section is sufficient and should not refer to the Tanner section. She stated the City cannot predict the toxic air emission as it will be on a case by case basis. Com. Roberts stated he would like it to be explicit in the General Plan that projects will be reviewed for possible toxic contaminants. Ms. Wordell stated section 5 -17 (e) does identify the control of the Bay Area Air Quality Management District. She noted staff can add a policy to address Com. Roberts concerns. Ms. Nancy Burnett addressed section 5 -19 of the DEIR regarding vehicle emissions. She noted the expansion of office, commercial and residential space will add more trips and aggravate the carbon monoxide and ozone problems. She addressed Attorney Kilian's comments regarding housing not being the problem in the DEIR, however, allowing the additional growth will generate a need for more housing which will impact the air quality. There was a consensus of the Commission to add the mitigation mentioned under Toxic Air Pollutants section 5 page 19 of the EIR to Policy 5 -4, page ER5 of the General Plan. Clustering in the Hillsides Ms. Wordell reviewed the proposed wording for the subdivision clustering. She presented drawing showing the different options for clustering. PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 11 0 Chr. Austin stated the intent of clustering is to have the least impact on the land. Mr. Mike Brenner, Sobrato Development, representing the Diocese, stated the primary reason for clustering has to do with the environmental impact and it is inappropriate to suggest some of the alternatives, reviewed by staff, will work or not work until a specific EIR has been done on the project. He stated the proposed hillside policy must allow for clusters of homes that are created with lots of any size that the developer or owner so proposes, so long as it addresses all the environmental constraints. He stated this can be done with the 10 percent. He noted the portions of the private lots would have a conservation easement etc. In response, Mr. Kilian stated, with respect to the lot lines, he suggested modifying the language to say, "lots in major subdivision, 5 -20 slope density, designation shall be clustered in such a way as to minimize the environmental impact, particularly with respect to environmental impacts that relate to hillside development, to the land, reserving 90 percent of the land in open space ". Com. Doyle stated each parcel should be looked at individually, but the intent to minimize the impact on the environment should be stated. Chr. Austin stated that open space should be combined wherever 1 possible. 1 Chr. Austin concurred noting the intent is to minimize the impact on the environment. There was a consensus of the Commission to add the wording as addressed by Attorney Kilian. The Commissioners discussed the May 18th meeting and Ms. Wordell stated the Commissioners will receive the agenda before the meeting. Mr. Kilian stated he would encourage the Commission to come to a closure with the understanding that there will not be further responses to staff's responses. Com. Doyle addressed solid waste and asked what is the approach to mitigate this situation. Mr. Cowan stated that Mr. Viskovich indicated that is does not make a difference what the base is. He noted the City has reached 40 percent of the compliance. Mr. Kilian stated solid waste Ls like sewer capacity, if the PLANNING COMMISSION MINUTES Regular Adjourned Meeting of May 10, 1993 Page 12 capacity is reached development is halted. Ms. Nancy Burnett stated if the City is found to be out of compliance, it is her understanding that this comes back to the City as their responsibility to enforce fines etc. Mr. Kilian stated this works just like the water or sewer capacity and if an agency goes over the capacity it could be subject to certain civil penalties that could be levied by a State or Regional body. He added rather than a civil penalty, he believes, there would be a moratorium on building. NEW BUSINESS: - None REPORT OF THE PLANNING COMMISSION: Com. Doyle reported on the Affordable Housing Committee. He reviewed the plans for the Monta Vista Hardware site and noted the Mid - Peninsula Housing are looking at alternatives and economics. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None ADJOURNMENT: The Planning Commission adjourned at 9:55 P.M. to the next Special Meeting of May 18, 1993 at 6:45 p.m. Respectfully submitted, 1 C Jj k, P o-2L t curd Catherine M. Robillard, Recording Secretary Approved by the Planning Commission at the Special Meeting of May 18, 1993 /S/ nnnna gnetin Donna Austin, Chairwoman Attest: /a/ Dorothy Cn r�Pl iits Dorothy Cornelius, City Clerk