PC 06-25-01CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF THE REGULAR MEETING OF THE
PLANNING COMMISSION HELD ON JUNE 25, 2001
SALUTE TO THE FLAG
ROLL CALL
Commissioners present:
Commissioners absent:
Staff present:
Chen, Corr, Patnoe, Chairperson Kwok
Auerbach
Steve Piasecki, Director of Community Development; Ciddy Wordell,
City Planner; Vera Gil, Senior Planner; Mike Fuller, Public Works;
Eileen Murray, Assistant City Attorney
APPROVAL OF MINUTES:
Minutes of the May 29, 2001 Planning Commission meeting
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Patnoe moved to approve the minutes of the May 29, 2001 Planning
Commission meeting as presented
Com. Chen
Com. Auerbach
Passed 4-0-0
Minutes of the dune 11, 2001 Planning Commission meeting
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Corr moved to approve the minutes of June 11, 2001 Planning Commission
meeting as presented
Com. Chen
Com. Auerbach
Passed 4-0-0
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATION: None
CONSENT CALENDAR
Application No.:
Applicant:
Location:
06-DIR-01
St. Andrew Episcopal Church
11370 So. Stelling Road
Planning Commission Minutes 2 June 25, 2001
Director's Minor Modification to place an eight foot high, decorative sculpture in front of an
existing church.
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Corr moved to approve Application 06-DIR-01 of the Consent Calendar
Com. Patnoe
Com. Auerbach
Passed 4-0-0
PUBLIC HEARING
Application Nos:
Applicant:
Location:
03-EXC-01, 05-EA-01
Via Builders
22085 Regnart Road
Hillside exception to construct a 5,277 square foot residence on slopes greater than 30% and for a
grading quantity that exceeds 2,500 cubic yards.
Postponed from Planning Commission meeting of dune 11, 2001
Planning Commission decision final unless appealed
Staff presentation: Ms. Ciddy Wordell, City Planner, said the report contained a number of
recommendations related to not only protecting the trees during construction, but also some
remedial work to be done in terms of watering and disease control. She said a condition of
approval exists that requires all of those recommendations be followed and that reports be
submitted during and after construction, and there be a bond for tree protection. Some additional
landscaping is proposed to provide more screening for the residents and for the retaining wall.
She illustrated the elevation most visible from Regnart Road, noted the residence is set back and
suitably screened, and said that it complies with the RHS ordinance, and staff did not have any
visibility concerns. She noted the material board and colors, and illustrated samples of the roof
and trim color. Ms. Wordell reported that the major issues identified relate to the geological
conditions and the leach fields. The county health department approved the leach fields as
proposed, which are located on either side of the swale. She said the concerns raised by both the
consulting geologists related to the ability of the slopes to sustain the effluent, and that there
would not be a problem with the surfacing. The applicant's consulting geologist confirmed that
the rock formations and the composition of the soil were appropriate for the leach fields and they
did not expect to have any problems with the surfacing; consequently no slope instability
resulting. Another issue was a possibility of some debris flow from the steepest portion of the lot
toward the back, and there was a recommendation to construct a deflection berm to deflect the
possible debris flow, which is not shown on the plan, but will be part of the recommendations that
it be a type of deflection berm, with the exact design, height and length to be determined at the
building permit stage. The other aspect to be confirmed at the building permit stage is the exact
location and length of the leach fields.
Com. Patnoe questioned what the visual concerns were, specifically the wall height discussed in
the staff report; and if it were increased, what would the visual impacts be from the street? Ms.
Wordell reported that the wall height was a maximum of 6-1/2 feet with some additional proposed
screening. She said staff was not concerned about the height since there was ample screening in
front. She also noted that the county health department was satisfied ~vith the water quality
aspects.
Planning Commission Minutes 3 June 25,2001
Mr. Ralph Saviano, Via Builders, clarified that the bulk of the dirt movement was up on the fiat
pad, above the house and where the road alignment is. He said a retaining walt did exist, and a cut
was made some 50 or 60 years ago, and when the buildings were removed, a 6 foot break existed
in the dirt, which is where much of the fill will go. He illustrated the area where the lower part of
the driveway was realigned. Relative to the debris flow up above, a three foot high berm was
recommended to steer anything that could go toward the house. He said when the design was put
together, the idea was to screen it from the street, and to provide privacy and also not to be
excessive in size, and stay away from a pretentious look. They chose to stay with a colonial type
house and remain consistent with earth tones with the color and staff's design guidelines for the
stepping back the first floor. He said there were no plans for a gate on the street; and he noted that
after speaking with the city engineer, they were planning on breaking the wall, which was
currently 5 foot 5 inches tall, into two and making it louver and stepping it.
Mr. Mike Fuller, Public Works, said that the street improvements were installed with the previous
development, and the applicant is required to pay a reimbursement fee for those improvements.
He said there would be some minor improvements in the public right-of-way which include the
driveway and a drainage swale along the edge of the pavement, but the street is improved; there is
not going to be a formal curb gutter sidewalk.
Chairperson Kwok opened the meeting for public comment; there was no one present who wished
to speak. The public hearing was closed.
Relative to the leach field, Com. Corr questioned what would happen in the future if there were a
surfacing of the effluent.
Ms. Eileen Murray, Assistant City Counsel, said that there are several kinds of engineered
systems; the homeowner would be obligated to put in an engineered system, either pumping
system or a low flow leach field or a multi-pipe below surface leach field, depending on the
geology of the area. She said presently, they would likely go with a standard septic system. If it
fails, they would be obligated to put in the appropriate engineered system.
Ms. Wordell corrected the record to show the setback as re-measured was 100 feet, not 400 feet,
from Regnart Creek.
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Patnoe moved to approve the model resolution for
Application 03oEXC-01
Com. Chen
Com. Auerbach
Passed 4-0-0
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Corr moved to approve Application 05-EA-01
Com. Patnoe
Com. Auerbach
Passed 4-0-0
Application No.:
Applicant:
Location:
14-ASA-00
Stevens Creek Apartments (Verona)
Lot 1, Tract 7953, Cupertino City Center
Planning Commission Minutes 4 June 25, 2001
Architectural and site approval for lighting, color, materials, landscaping and other design features
of an approved apartment building.
Postponed from Planning Commission meeting of June 11, 2001
Planning Commission decision final unless appealed
Staff presentation: The video presentation reviewed the application for architectural and site
approval for lighting, color, materials, landscaping and other features of an approved apartment
building. Staff recommends approval for the design details for the apartment project; Planning
Commission decision will be considered final.
Ms. Vera Gil, Senior Planner, reported that they were addressing the architectural details for the
apartment complex which is being built along with the Kimpton Hotel. She reviewed the building
materials and color board, and noted that one major component studied was the limestone plaster
proposed for the base of the building. The conditions of approval for the apartment complex
called for high quality tile; and she noted it was not tile, but resembled stone placed on the
building. She noted that one area of concern was the retail; as proposed, each individual retail
establishment does not have its own personality, which is included in the conditions of approval
that if there are some minor modifications to the retail storefront, staff will have the ability to go
back and approve it at a staff level rather than bring it to the Planning Commission. However, if
substantial, the application would be presented to the Planning Commission. She noted another
area of concern were the window frames, as the conditions of approval call for three inch insets on
the window frames. The applicant would like to have it amended to two inches for construction
purposes. She noted that staff also looked at the roof overhang to make sure that they adequately
conceal the rafters and roof joists, and felt it was taken care of. Ms. Gil said that staff has
requested that the applicant return with additional choices for roofing material, as it should be
clay-like and they felt it does not presently meet that requirement. The condition of approval
states that it can be approved at a staff level prior to the issuance of the building permit. The
trellises were reviewed in detail by the city's design consultant Larry Cannon who had concerns
that the top members of the trellises did not look substantial in comparison to the supporting
beams. A resolution was reached with Larry Cannon and the architect so that the upper trellis
members would be more substantial and will not look small in comparison to the other supports.
Other minor architectural changes will be reviewed by the applicant, and staff would like to
approve those at the staff level prior to the issuance of the building permit. The landscape plan
shown in the report is for both podium and lower level for the main area. The accent planters and
many of the light fixtures proposed for the area are the same as used in the Kimpton Group hotel
and staff is comfortable with those. The planter seating area is shown and also meets with staff
approval. Bicycle parking was reviewed and met all ordinance requirements; staff will review
pedestrian pathways and finalize prior to the issuance of the building permit. Ms. Gil noted that
staff was concerned about the railing colors and awnings; and the applicant chose colors which
staff feels complement the colors chosen by the Kimpton group. The signs and banners are not
being discussed, as the applicant would like the opportunity to work with the entire area and return
with a more detailed sign program for review at a later date. Staff recommends approval with
modifications made to the model resolution.
Mr. Don Bragg, Promethius, said relative to the window frames, at the time of the condition of
approval their concept was that the windows be recessed, as they felt it was a marquis building
and they remain committed to providing that level of articulation. He said they would prefer to use
Planning Commission Minutes $ June 25,2001
2 inch insets, and create the reveal by using 2X4 and 2X6 construction as opposed to having to
create a number of ribbed studs or wasting building material, but to use materials that are readily
available. Mr. Bragg reported that in most architectural features, recessed openings occur in
specialized areas, and in this particular project it is each window, which is their reason for
requesting the 2 inch insets. He said they were committed to the recessing, and are asking that it
be viewed on a more pragmatic level and allow use of the conventional framing members to
provide the articulation throughout the building. Relative to the roofing materials, he said that
they would work with the materials used for the Kimpton group, so that both projects would speak
to each other in that fashion. He said they shared staff's concerns about how the lighting would
affect the building residents, and would work with staff to ensure that there was no glare that
would adversely affect the residents. He pointed out that relative to lighting the building in the
evening, it was their goal to create vitality in the downtosvn area, and they felt lighting the
building architecturally and enhancing it in the evening was an important aspect. Mr. Bragg
reported that although the signage was not part of the topic for the retail area, it contributes to
enhancing the individuality and the celebration of a retail area, and they are working with an
excellent group to bring back a package that will help address some of the concerns about the
retail area. He noted that the plaza would include seating areas and dining umbrellas to create a
festive atmosphere in the plaza area. He said that the landscape architect would address solutions
to create more tree screening in the area for the retail.
Mr. Chuck Tang, McLarand Vasquez, Emsick & Partner, highlighted the items they addressed
relative to the conditions of approval and staff comments. Relative to creating more interest on
the retail edge, he reviewed their proposal to create a base element of enhanced limestone plaster
finish, in lieu of stone tile. He said the limestone plaster with mimicking stone finish, could be cut
in different dimensions; and could be presented similar to a large slab in lieu of 12X12 or 18X18
tiles. Mr. Tang noted that the signage is important and is an enhancement to the retail. He
illustrated the level of detail on the building, with substantial comers and trim conditions, and the
three inch recessed condition, which they preferred to be two inches as the more optimal
condition.
Mr. Tang indicated they were also working to clarify the detail of the trellises and the columns.
Discussions with Larry Cannon resulted in going to a 3X3 condition or 3X3 tube conditions to
create the more substantial member. On the lower rise portion they may go to a typical 2X4
condition in the small members in order to get the small member to be more substantial. He also
illustrated the transitional member and fiberglass column which is common on the entire building.
Also another clarification is the recesses in the retail storefront; and the layering is creating more
offsets in the retail conditions. He noted a substantial difference in the base from what was
proposed before, with many more articulations, a lot more ups and downs of the base elements, so
that the building is not sitting on a pancake condition. Also as an enhancement to not only the
retail edge, but also creating additional enhancement on the fagade of the porte cochere area, they
are using a similar type of limestone plaster finish to enhance the porte cochere area as a major
entry and a major pedestrian point of access. Mr. Tang illustrated the bike parking area with 80+
stalls within a chain link fence enclosure within a secure area of the parking garage, giving access
to tenants living in the project. He illustrated a comparison of elevations, noting the
modifications made to arrive at a more appropriate scale in terms of beginning the transition to the
high rise portion of the project. Referring to the lighting, he said that it was their intent to come
back to the architectural idea of creating a stately building, and partly to create highlighting on the
building in areas he pointed out. Also their desire is to create a soft glow from the balcony
condition that becomes a signature to the building as well. He said they were working with
Planning Commission Minutes 6 June 25,2001
Guzzardo and Associates and also the hotel side to create a consistent pedestrian lighting amenity.
Mr. Tang pointed out the transitional element back toward the city center which is the octagonal
tower, somewhat of a signature them as a transition to the interior of the project. He illustrated
additional lighting enhancements throughout the project and answered questions.
Mr. Paul Latieri, Guzzardo Partnership, landscape architects, illustrated the ongrade landscape,
podium landscape, seatwalls, and hedge planting. He noted the screen planting, with the pattern
of shrub planting along the back, incorporating the transformers and allowing for screening
without deviating from the remainder of the plant pallets. The existing fountain and brick paving
will be replaced with the same brick now in place, and hedge planting along Stevens Creek
Boulevard will continue. He noted the location of the hedge and the existing pear trees, fountain,
and raised planters, and pointed out where they were reluctant to plant trees because of existing
utilities, retailers' aversion to large trees in front of their retail space, and shading space where it
was not needed. Umbrellas will also be used in certain areas and would add vitality to the space.
Com. Corr voiced concern that the lighting fixtures would glare directly into the street. He also
voiced concern relating to the landscape (L1.6) and questioned how they would address the issue
of the seatwalls and the attraction of the seatwalls to inline skaters and skateboarders.
Mr. Tang explained that in order to remedy the glare, the angle of the deflector on the light needed
to be more vertical than horizontal, and an adjustment would prevent the light from filtering into
the unit. He pointed out that they were proposing to put it on the comer so that it is not literally
directly in front of the windows to minimize the glare into the unit itself. Mr. Tang noted that the
wall sconce itself has a translucent material and gives off a glow in the evening and is not a
spotlight. Relative to the issue of the skaters and skateboarders, he said that they were not
proposing to put skate stops on the seatwalls, which would be an after-market solution. He noted
that one side would be planted, and with furniture in the spaces, and retailers in close proximity,
he felt the lure to the skaters and skateboarders would be minimal. Mr. Bragg added that the
onsite management was excellent and the retail area would have tenants open every day and
during the evening, and he felt there would be enough monitoring and presence to discourage use
by skaters and skateboarders.
Ms. Gil reported that Larry Cannon was concerned that the trellises were metal and the vines may
bum because of the heat on the metal. She noted because of the fire requirements, changes could
not be made, and the metal was the best solution.
Com. Patnoe expressed concern to Mr. Bragg that the lighting situation was similar to that when
Kimpton wanted to light the top of their crown and a timer used. He questioned whether a timer
would be used, and if they would be working with the neighbors on the timing of the lights. He
said he was opposed to the occurrence of a light being off for one hour and having another light
go on; and also expressed his concern about his analogy of the Luxor Hotel in Las Vegas, where
miles away lights could be seen shooting straight up. Com. Patnoe also referred to the red tile
roof on the gas station and accounting firm across the street, and questioned if there were plans to
match the color of the apartment building and then the hotel.
Mr. Steve Piasecki, Community Development Director, said that relative to the tile, the condition
of approval speaks to the authentic clay tile or something with a similar look and staff will look at
the Kimpton tile, which was an effort to simulate authentic clay tile. He said it may be an
acceptable substitute for the old fashioned clay material which is difficult and cracks and has a
Planning Commission Minutes ? June 25,2001
number of other issues. He said he was not certain what material was used across the street, and
whether it was important that every one match exactly; but that they need to be in thc samcfamily
of colors and use the terra cotta look and feel because that is the style for the comer.
Mr. Bragg assured staff and the Planning Commission that it was not their intent to have excessive
lighting, nor to resemble the Luxor Hotel. He said they were sensitive to impacts of lighting on
the apartment residents, while making a commitment to the city to create vitality in the area. They
were earnestly working to coordinate with the Kimpton hotel across the board as part of the
Cupertino City Center community, and would be working with an expert consultant in the area to
ensure that the concerns are addressed.
Com. Chen thanked staff for the excellent report and thanked the applicants for addressing much
of staff's concerns in the report. She asked what kind of retail stores were expressing an interest,
and what level of control the city had in selecting the type of retail stores. Mr. Bragg indicated
that they did not yet have written contracts, but were primarily looking at food related shops,
restaurants, delis, and coffee shops, with the goal to bring in the highest quality tenants that would
generate heavy traffic.
In response to Chair Kwok's question about change in overall height since the approval a year
ago, Ms. Gil said that there were some reductions in building height, but not increases. Mr. Tang
said that it was their intent to conform to the approved height. He answered questions relative to
lighting, and said their intent was to keep the color of the lighting very neutral and not createa lot
of purples, reds and greens.
Mr. Piasecki noted that the condition wording was specific; that the Planning Commission would
review, decide the following; and then states "window frames to be a minimum three inches in
depth" which would imply that they need to come back and amend that condition; and there would
then be discussion about whether it is good, bad or indifferent at that time, and that is
cumbersome. He said it was unfortunate that if that was their desire that it did not get written up
that way in the beginning. However, it is, and they would have to come back and seek an
amendment to that condition.
Mr. Piasecki asked if there were seat walls or somewhere to sit in the podium courtyard space to
enjoy the fountain. Mr. Bragg responded that the planter walls are raised all around the fountain;
and the partial circle has a seat wall and bench as well, creating a formal and informal way of
sitting there.
Chair Kwok opened the meeting for public input; there was no one present who wished to speak.
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Patnoe moved to approve Application 14-ASA-01 with modifications, and
to remove the window indentation issue for discussion at a later date
Com. Chen
Com. Auerbach
Passed 4-0-0
OLD BUSINESS: None
- NEW BUSINESS: None
Planning Commission Minutes 8 June 95, 9001
REPORT OF THE PLANNING COMMISSION:
Environmental Review Committee: Chair Kwok reported on the June 13 committee
meeting., which included approval of the building project with exception for 30 % slope and the
2,500 cubic yards. The June 27th meeting will include the Summerhill project.
Housing Committee: Com. Patnoe reported that the meeting was cancelled, but that the
committee would be participating with the Planning Commission on July 9th, and a joint Housing
Committee meeting later in July.
Mayor's Breakfast: Com. Patnoe reported on the recent meeting he attended: The
Library Committee is looking forward to working with the new architect; Public Safety talked
about the Monta Vista parking issue; new cameras are being installed at some Cupertino
intersections for red light violations; and the Telecommunications Committee held their interact
access forum on June 15th.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki
reported that the Garden Gate annexation would be held in the near future; a July 9th joint meeting
was scheduled with the Housing Committee to discuss the General Plan and the housing element
in preparation for a community meeting on July 17th in the Senior Center. He noted that it was
the topic of the City Council study session recently when the major guiding principles of the
General Plan and the beginning strategies for the housing element were introduced.
DISCUSSION OF NEWSPAPER CLIPPINGS: None
ADJOURNMENT:
The meeting adjoumed at 8:25 p.m. to the regular Planning Commission
meeting at 6:45 p.m. on July 9, 2001.
Respectfully Submitted,
Recording Secretary
Approved as presented: August27,2001