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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