PC 11-12-02CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
777-3308
AMENDED MINUTES OF THE REGULAR MEETING OF THE
PLANNING COMMISSION HELD ON NOVEMBER 12, 2002
SALUTETOTHEFLAG
ROLL CALL
Commissioners present:
Staff present:
Auerbach, Chen, Saadati, Wong, Chairpersou Corr
Steve Piasecki, Community Development Director; Peter Gilli, Associate
Planner; Aarti Shrivastava, Senior Planner; Vera Gil, Senior Planner;
Gary Chao, Assistant Planner; Glenn Goepfert, Public Works; Eileen
Murray, Assistant City Attorney
APPROVAL OF MINUTES:
August 26, 2002 Planning Commission minutes:
- Page 12, Line 4 of Paragraph 2: Policy 5-401 should read "Policy 5-41"
- Page 14, Item 4: Com. Wong asked that his comments regarding charging tines tbr illegal units,
and staff's response be included in the context.
- Page 12, motion made on Application EA-2002-07, should read: MOTION: "Coin. Wong"
moved approval of Application EA-2002-07" (Not Chair Corr)
The ameuded August 26 minutes will be resubmitted for approval.
September 9, 2002 Planning Commission meeting minutes:
- Correct Com. Saadati's name spelling in text on Page 1
- Page 2, third paragraph should read: "Com. Chen said she felt ..... " "that her initial concern
- Page 2, fourth paragraph should read: "Com. Saadati said that overall ..... "
- Page 4, 3rd paragraph, Line 2: Com. Wong noted that the record should indicate his concern
about closing off the driveway; that the reason for his concern was regarding emergency vehicles
and that the public safety officials felt that it was acceptable to have the driveway closed.
- Page 6: Relative to Coin. Wong's report on the Mayor's breakfast, he stated that staff explained
that Coin. Wong did uot receive notification of the mayor's breakfast because of a mixup in the
e-mails.
MOTION:
SECOND:
VOTE:
Com. Saadati moved to approve the September 9, 2002 Planniug Commission
minutes as amended.
Com. Chen
Passed 5-0-0
Planning Commission Minutes 2 November 12, 2002
September 23, 2002 Study Session
- Page 2: Revise content to include Com. Wong's and Coin. Sadaati's comments in the text. Also
Com. Saadati's comments about the newspaper racks were not included.
- Coin. Auerbach: Page 3, second paragraph - Remove sentence "Businesses are being governed
by quarterly results and the effect is seen." Start the next sentence "What if the city doesn't want
to be bound simply by LOS in this area?
- Page 3: Third paragraph, second last line "it downtown" should read "a downtown"
- Page 3: Fourth paragraph from bottom of page: change tunnel through to '~tunnel through"
- Page 4: Correct spelling of Mr. Watkins name.
The amended September 9th minutes will be resubmitted for approval.
September 23, 2002 Phtnning Commission meeting:
- Page 2: Com. Wong requested that the commissioners' questious be iuclnded, with staff
responses.
- Page 6: Paragraph 3, "60,000 acres" should read "4,000 acres"
- Paragraph 3, Page 6: Com. Auerbach said missing from his remarks was his response to Mr.
McCarthy's contention that approval would lead to urban sprawl; and Com. Auerbach observed
that Oak Valley was tile classic definition of sprawl. Tile audio tapes will be reviewed lbr the
accurate comment.
- Page 6, paragraph 5: Chair Corr asked that his comments relative to tile Adler's view being
obstructed, be included. The audio tapes will be reviewed for correction.
Tile amended September 23 Planning Commission ineeting minutes will be resubmitted tbr
approval.
October 14, 2002 Planning Commission meeting:
- Page 5, 4~h Paragraph - Coin. Auerbach said that Mr. Childress' answers were responses to his
question on the green building aspects of the library, and should reflect that.
- Com. Auerbach also asked that the record reflect he concluded by congratulating Mr. Childress
oil what looks like a model building.
- Page 2: Com. Wong asked that the question be listed relative to tile YMCA application.
- Page 3: 4"' paragraph: Coin. Wong said that regarding reducing tile noise from the back area, tile
comment should be specific that the noise was because of actious that were takeu late at night
because of trespassing and also there were motor homes trespassiug, parking illegally at night, as
stated by the Executive Director; which is ~vhy the mitigating factors staff suggested appropriate.
The amended October 14'h minutes will be resubmitted for approval.
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
Application Nos.:
Applicant:
Location:
U-2002-08, EA-2002-18
Barry Watkins
20755 Stevens Creek Boulevard
Planning Commission Minutes _3 November 12, 2002
Use Permit to demolish a service station and construct an 11,000 square foot comlnercial building
and adjacent site improvements (Bottegas Shopping Center)
Tentative City Council Date: December 2, 2002
Applicant requests' postponement to Planning Commission meeting ~?/'Novemher 25, 2002
MOTION: Com. Auerbach moved to postpone Application Nos. U-2002-08, EA-2002-18
to the November 25, 2002 Planning Commission meeting.
SECOND: Com. Saadati
VOTE: Passed 5-0-0
PUBLIC HEARING
Application Nos.:
Applicant:
Locatiou:
TM-2002-04, M-2002-08, EA-2002-19
Don Bragg (Verona Apts)
30452 Stevens Creek Bonlevard
Tentative map for 205 condominium units and four commercial units on an approved
apartment/retail building site.
Modification to a use permit (6-U-00) for a 206-unit apartment/retail complex to allow 'For Rent'
Condominiums.
Staff presentation: The video presentation reviewed the application lbr a tentative map lbr 206
condominium units, four commercial units aud one lot held in common at 20488 Stevens Creek
Boulevard; and a modification to the use permit to allow the rental of the condominium units. The
original approval was for apartment rental units, and modification of the use permit is needed to
modify the use for 'for reut' condominiums. The Planuing Commission recommendations and
actions will be forwarded to the City Couucil on November 18.
Ms. Vera Gil, Senior Planner, reviewed the site location and noted that staff requested the removal
of the word "vesting" from the tentative map sheets as a condition of approval. Stall' recommends
that the Plauning Commission recommend to the City Council approval of Applications TM-2002-
04, M-2002-08, and EA-2002-19.
Com. Auerbach said he understood it was a technical matter to aide the applicant in financing
arrangements for the property; there were no 'gotchas' in terms of doing this; as several
councihnembers expressed a preference for having the units sold, but it was not occurring.
Ms. Gil said it was correct; their application states that it would be simply for financing purposes;
and although they have uo intent at this time, it does not mean that they may not coine back and
ask to amend the use permit again and sell the condos. They will have that opportnnity with the
tentative map.
Com. Chen confirmed that it was originally reviewed as a rental unit, with the analysis based on
renting out the units; if it is different from condo analysis in terms of traffic, environmental
impact, she said she did not know if the change would create an impact in the neighborhood.
Ms. Gil said she did not think it would be the same number of occupants; aud did not feel that it
would create more traffic because they are ownership units. Relative to the building itsell; staff
Planning Commission Minutes 4 November 12, 2002
has asked for a letter from the architect stating that the units have been constructed tbr condo
standards. The building department has looked at it and does not see a problem.
Mr. Glenn Goepfert, Assistant Director of Public works, said that Public Works did not feel there
would be any net change in traffic impacts. The project was built to condo standards, and there is
no net change other than the way the condos are now held. He said Public Works did not perceive
any problems.
Com. Chen questioned the difference in renting out condo units; as there is no restriction in
renting out condos individually or renting out apartments; they are managed centrally by a group.
She also questioned why it had to go to the Planning Commission.
Ms. Gil said the difference was with the condo map, they can actually sell tile units individually
although they are not choosing to do so at this time, and the other apartment units over in the City
Center area are both condo mapped, and are rented out. If for some reason tile applicant shonld
ever fall upon hard times and the bank reclaimed the units, they could sell those and not have to
keep them as rental units, which would make financing easier.
Com. Chen asked if they decided to sell them, would they have to come back to Planuing
Commission and change the rental condo to individual condos? Ms. Gil said they do not have to
change the tentative map; they would have to modify the use permit one final time. 'File use
permit is modified to acknowledge them as 'for rent' condos. If they chose to sell them, staff
would modify that and have them as ownership condos or 'for sale' condos, and would have to
come back to Planning Commission for approval.
Com. Wong asked that since the City Council has expressed a concern about having more units
available for sale, was there a way the Planning Commission could also encourage the applicant to
have more units for sale. Ms. Gil said that the statement could be included, as they were going
through the General Plan process at this time.
Chair Corr said that it was well documented that the Planning Commissioners were in Ihvor o1'
having more 'for sale' units available. In the hearing process, the commissioners expressed tile
need for more 'for sale' units, but the developer wanted to retain them as rental units.
Mr. Steve Piasecki, Community Development Director, said that the Planning Commission could
encourage tile applicant and the applicant could take it into consideration. He said the use permit
could be amended to allow them to sell the units, rather than having to come back should they
decide to do that. That would open it up, with a use permit that allows 'for rent' condos or 'l'or
sale' condos, whatever the applicant chooses. He said that they would like to see it happen since
they recognize that it is an industry trend for financial institutions to ask that apartments are
mapped, and it encourages the building of condos and rental condos. Without it, there may be a
reluctance to finance, resulting in fewer units constructed, especially apartments. Fie said it was a
positive thing to do as it is consistent with where the financial industry is relative to these kinds ot'
projects, and they would like to support them as much as possible.
Com. Saadati said he supported the motion to modify the use permit to allow tile option of selling
the units, and said that it was not necessary to have it come back.
Com. Auerbacb questioned if there bad been changes in the liability laws that some developers
were reluctant to produce 'for sale' units as condos. Mr. Piasecki said there bad been some
Planning Commission Minutes S November 12, 2002
changes as it was an open forum in the past where the townhouse or condo developer could be
cballenged, but he was not certain of the extent of the changes.
Com. Wong reported there was legislation in the pipeline in Sacramento to limit the liability since
there has been no encouragement to build condos because of that liability; but he was not sure
when the legislation was coming up.
The applicant did not speak.
Cbair Corr opeued tbe Ineeting for public input. There was no one present who wished to speak.
Com. Auerbacb said he was in favor of approval, and that changing tbe nse permit now would
demonstrate their interest in 'for sale' units, and he was in favor of that. Corns. Chen, Saadati and
Wong concurred.
MOTION:
SECOND:
VOTE:
MOTION:
Com. Auerbach moved to approve Application EA-2002-19
Com. Wong
Passed 5-0-0
SECOND:
VOTE:
Coin. Auerbach moved to approve Applications M-2002-04 and M-2002-08 with
the addition to simultaneously amend tbe use permit to allow 'for sale' condo
units (in addition to 'for rent' or 'for sale' condos; their option)
Coin. Saadati
Passed 5-0-0
Mr. Piasecki noted that the recommendation will be forwarded to City Conncil on Nov. 18, 2002.
Application No.:
Applicant:
Location:
EA-2002-21
City of Cupertino
Mary Avenue right-of-way across Interstate 280 between Homestead
Road and Meteor Drive
Environmental assessment for a pedestrian and bicycle footbridge and related site and landscaping
improvements
Tentative City Council date: November 18, 2002
Staff presentation: Mr. Peter Gilli, Associate Planner, reviewed the application for environmental
assessment for a pedestrian and bicycle footbridge and related site and landscaping improvements,
as outlined in the staff report. He illustrated the photo simulations of the proposed bridge
structure, with views of the barrier landscaping, sound wall and buffer zone. He noted that some
items were not completely addressed because the final design was not prepared yet; hence there is
additional geological review needed at the building stage, and there is also concern that the
lighting be designed in a way that is adequate for safety with minimal impact on tbe neigbbors.
These will be added as mitigation, and staff is recommending that the Planning Com,nission
recommend to the City Council to approve the mitigated negative declaration based on the
recommendation by the Environmental Review Committee (ERC).
Staff answered Planning Commissioners' questions as summarized below:
Planning Commission Minutes 6 November 12, 2002
Com. Saadati said there was a reference to some pesticides to keep the weeds down, and
questioned if testing was done to determine the level, if any. Mr. Goepfert said be did not believe
any testing was done, but there will be further studies for a final design. He said he did not think
there was a specific recommendation, but the concern is to be able to landscape and have the
maintenance as simple as possible. He said that particular aspect had not been fully explored.
Com. Saadati had questions related to the design. Ms. Sbrivastava said that part of the anchor was
for the suspension bridge and the back anchors will be tied to the wall. Com. Saadati said that
usually the anchor is a huge deadman in the ground. Ms. Shrivastava said that tile t'easibility study
estimated that there would be enough dead weight with the soil bebind the walls to take care of the
strong requirement for a very heavy deadman. Com. Saadati expressed concern with the 8-10 toot
wall height, and said that if there is a major earthquake, there needs to be assurance tbat the
damage doesn't impact the bridge stability.
Mr. Goepfert said that the type that was preliminarily selected is not the only solution, but tile
preferred solution; and part of the request for proposal is asking for design services that would
explore that as a possible problem. Further seismic studies will be undertaken. He said it was his
opinion that a significant kind of signatt~re structure could be had with the suspension type
bridge; and further studies on the final design would show if there would be any seismic problems.
He said he felt it was mentioned specifically as a potential hard spot.
Com. Saadati referred to the maintenance of the shrubs, and asked if the city will ensure that they
are properly maintained, since past experience with ground covers at some schools was that over
time the ground covers died. He also questioned if tbe shrubs would be sturdy enough. Mr.
Goepfert said the city would maintain the landscape, and that the recommendation is for the plants
to be Iow maintenance and drought resistant, but it would depend on the kind of activity there and
how well the plants are established. Part of the idea as well is to buffer the residential areas, so
special care will be taken to make sure that it is maintained.
In response Com. Saadati's question about anti-graffiti coating, Mr. Goepfert said that hopefully it
would be effective; and noted that the suspension bridge would have less potential for having
surfaces prone to graffiti. Mr. Piasecki suggested that if feasible, the wall actually be planted out.
He said there should be a philosophy of no blank walls in this community, so that palettes for
graffiti are not provided. He said tbat if the wall was planted out, it would be more attractive and
eliminate the opportunity for graffiti.
Com. Wong questioned the reason for the buffer road zone for the patrol car maintenance. Mr.
Goepfert said that it was partially for security; and to discourage elicit uses, encampments, etc.,
but also on the south side there is a need for access for a Santa Clara Valley Water District
facility. Hopefully it is not used unnecessarily, since having the road in tile buffer area is
something the neighbors would not be happy about. He said be was unsure of what type o1'
enforcement was planned, and he did not know if it would be realistic to have any condition
placed upon it.
Com. Wong questioned what type of meetings were held with the residents of Cupertino and
Sunnyvale, and asked if suggestions were overlooked. He said it was a good report relative to the
mitigating factors and asked if there was support of the plan, and if the issues were addressed.
Mr. Goepfert said that there were extensive meetings held, although he was not a party to them;
the geometry of the pathway and planning for placing the patbway for buffers with residential
Planning Commission Minutes 7 November 12, 2002
areas were a result of specific reactions to some of the public input.
stage they would go back to the public again.
Com. Auerbach had no questions.
He said itl the final design
Chair Corr opened the meeting for public input.
Mrs. Anna Polman-Black, Gardena Drive, said that she was a bridge committee member and said
there had been a.feasibility meeting held where everyone said it was not in tile best interest o[ the
public to have a bridge located there. Sire recalled that about five years ago, another bridge in tile
area was voted against, and she questioned why it is being brought up again since so many
residents were against having a bridge. She said students will go to the bridge and park their cars
there, and also that tile storage lot owners were opposed to tile bridge. Ms. Pohnan-Black said shc
felt tire City Council was over-achieving in the housing program and the projects; and she did not
feel that every nook and cranny in the city should be filled up. She questioned the benefit o1'
having trails and bike paths when there was no more air to breathe. She said that tile City Council
should reconsider its intentions in the housing program as there were no parking spaces when
events are held at the college and streets are roped off.
Chair Corr closed the public input portion of the meeting.
Com. Saadati said he supported the mitigated negative declaration, and felt tire design and
landscaping and wall design helps to maintain privacy and is consistent with regionally what they
were attempting to accomplish to connect all the communities with biking and walking. He said it
was an attractive bridge, with still a long way to get funding.
Com. Wong concurred, and said he looked forward to riding a bicycle down Homestead across
Mary Avenue and down to Memorial Park with his young daughter when she was older. He said
it would also provide the opportunity for the Homestead High School students to walk over tile
bridge to get to the Oaks Shopping Center. He said he felt it was a well designed bridge,
landscaped well; and the mitigating factors for the neighborhood were well thought through, and
he strongly supported the project.
Com. Auerbach concurred and said it was an outstanding report. He said the bridge was an
excellent project which he strongly endorsed. He commented o ~ the cost of the project compared
to the cost of Caltrans overpasses, and said that it was a worthy expenditure for tile pedestrians.
Com. Chen said she strongly supported the project and concurred with her colleagues.
Chair Corr agreed that it was a good project. He said tile berms were built up for years and then
the road was to go in, and because the community was opposed, it left Mary Avenue running 18
lanes up to a hill; and that this at least gives somewhere to go when you get down to the end of the
hill. He agreed that it was a well designed project, and said he looked forward to seeing the final
design.
MOTION:
SECOND:
VOTE:
Com. Wong moved to recommend that the City Council approve the negative
declaration based on the recommendation of the Environmental Review
Committee
Com. Saadati
Passed 5-0-0
Planning Commission Minutes 8 November 12, 2002
3. Application Nos.: U-2002-09, EA-2002-22
Applicant: Richard Pedley
Location: 26172 Granada Avenue
Use Permit to demolish a residence and construct a two-story mixed use dental office and one
bedroom apartment consisting of 2,665 square feet
Planning Commission decision final unless appealed
Staff presentation: The video presentation reviewed the application for a use permit to demolish
a 1,468 square foot single family home and construct a 2,665 square foot two story mixed use
development consisting of a dental office and a one bedroom apartment. A condition has been
included regarding shared parking, and a condition has been added limiting tile dental off, ce to
three full time employees and only two patients visiting tile facility at any given time. Staff'
recommends approval of the application; Planning Commission action is final unless appealed.
Ms. Gil discussed the two main areas of focus, parking and building design. Originally the
applicant had requested a false door on the left side; Larry Cannon, consultant, requested that the
applicant remove the false door and place a carriage light and signage there. Although higher
than adjacent buildings, staff is not concerned since tile proposed buildings' roof slopes away
from the street, thereby giving the appearance of a shorter building when viewed from the street.
There are restrictions limiting the number of patients to two visiting at any given time; and
restricting the number of employees on site to three. The site only accommodates six parking
stalls including the garage. The applicant plans to live in tile apartment onit with the dental
operation below. If they should choose not to live in the one bedroom nnit, the two spaces will
continue to be shared with tile dental facility so that it can accommodate enough parking in that
area. Staff recommends approval with conditions set forth.
Com. Saadati said his concern was the parking and how to ensure there is only going to be two
patients at once, and no more than two cars parked in tile neighborhood. He asked if there was
enough street parking nearby that could be utilized.
Ms. Gil said there appears to be enough onstreet parking both on Granada and itl front of the site.
hnperial is a little more difficult with all construction and it is difficult to gage how much onstreet
parking would be available. Relative to Pasadena and Granada, in the afternoon there appears to
be enough onstreet parking. She said the only way to restrict the number of patients and ntflmber o1'
employees on site is through the use permit. If someone complains they have a lot of cars parked
there or they have more people in the unit, staffwould follow up as a code enforcement item.
Com. Wong said he had a similar concern regarding parking. If the dental services in tile ft, ture
were to be sold and rented and if there were two persons living there, it would be sale to assume
that they ~vould each have a vehicle. Storage in the garage would be limited because o1' thc
limited space.
Ms. Gil said that the upstairs unit could not be sold; it would have to be sold with tile use below
because they only have one parcel. If they chose not to live there, the apartment unit could be
rented out. Storage would be a problem. She said she did not see how they could commit two
spaces to that or even one space to that unit and still say there is enough parking onsite to
accommodate the dental use.
Planning Commission Minutes 9 November 12, 2002
Com. Wong asked if a striped parking space bad to be provided according to ADA regulations.
Ms. Gil said that it did not need to be striped, but they need to accommodate a van, so the space
must be large enough to accommodate a van plus the loading area. She said it relates to the size
of the building and the size of the parking lot.
Com. Auerbach said he agreed about the parking in the area; he commented that current rules try
to accommodate 100% of the people who could be on the site at any given usage, with either
onsite parking or immediately in front of their parcels.
Ms. Gil said that formulas used for a dental/medical facility are strict; one space for every 175
square feet. She said there have been problems in the past with dental facilities that have
exceeded tl~eir allotted number of spaces, and they try whenever possible to stick with those, yet
also be flexible in the case of mixed uses and residential areas sharing with office or dental. In
tbis case they tried to be flexible from going from the original II spaces needed to 6,
accomplished by allowing tbe garage units to be shared with the dental facility. She said that
onstreet or offsite parking was not taken into account. In this case, one of the things that helped
with the flexibility was that onstreet parking on both Pasadena and Granada was plentiful in the
afternoon.
Mr. Piasecki pointed out that across the street on hnperial they were adding tile angled parking
similar to Pasadena, which is increasing the onstreet parking availability. Also for a small project
like this, the risk is relatively small as well, there may be one car that ends np oil the street. If they
abuse the rules about how many patients they can have in the office at one time, it should be
obvious to people, and if there are complaints, staffwill follow tip and they will have to abide by
those. He said they were comfortable with it; if it were this much of an offset on a ranch larger
project, there could be greater impacts and staffwould be more concerned.
Com. Auerbach said it was the kind of use they were looking for in mixed uses, local serving, and
dental offices. Mr. Piasecki said that they were difficult projects; again it is a mixed use, small
mixed use project and flexibility is needed if you want to enable these kinds of projects to come
into the community and staff feels it is a good one. Com. Auerbach said that as shown in tile
video presentation, when the pavement in front of the unit is completed, pavement to tile comer
and connecting to Imperial will otherwise be incomplete. In the video, it is visible with tile orange
cone protecting people with the message to be cautious as the area is unpaved.
Ms. Gil said tbey were relatively new two mixed uses that have the sidewalks and the curb, and
across the street some portions of the street do not; they have not been redeveloped, and have not
been required to put in tile sidewalk and curb and gutter which is similar for tbis lot and the lot
next door. When this lot develops, they will put it in, but there will still be the small lot with the
residence next door that has not installed their sidewalk.
Coin. Auerbach said they had discussed it with Public Works before, the idea of completing those
sections and banking them against future development, and questioned if it is a possibility. Mr.
Goepfert said it was possible, but he was not sure what the past arrangements were. Usually
sometbing so close, it depends on the level of development and that nexus does not seem to be
there to connect the frontage improvements to the corner. Com. Auerbach added that tbere was a
large development completing most of the sidewalk on hnperial and it would make a suitable
connection there.
Planning Commission Minutes to November 12, 2002
Mr. Piasecki said the other part of that is that the larger development on hnperial also has an open
space area accessible to the public that leads to a trail out to Bubb Road, which could be a favored
path for pedestrians and/or cyclists. He said it could be looked at in conjunction with the npdating
sidewalks program where they go around the city and patch and repair. When the pedestrian plan
was done, they identified gaps, and perhaps this gap could be added to the others and given a
higher priority because it is so small.
Coin. Auerbach said it would be ideal to have a policy stating if there was only 50 feet to connect,
that it be completed. He said he felt it could be recorded against future developments. Mr.
Piasecki commented that it may take ten years, but Public Works could take that into advisement
and make sure that if it is not listed in the pedestrian guideline document that it is now, that it be
recognized as a small gap and one to prioritize. Mr. Goepfert said he would follow tip.
Com. Chen had no comment.
Mr. Richard Pedley, applicant, clarified that the 1621 square foot included the garage and other
areas; the actual dental office is over 1,000 square feet also. He said the actual usable space drops
it down quite a bit, and it is closer to 7 vs. 6 spaces. He said it was a tight project and one they
worked hard with staffto come up with a reasonable solution for the project.
Chair Corr opened the meeting for public input.
Mr. Dennis Whitaker, 20622 Cheryl Drive, said he was neither pro nor con for the application, but
was concerned about the parking across the street. He expressed concern about not looking
forward to the future well enough, and cited the example of the buses from the Cyprus Hotel
parked on Torte Avenue, and he noted that there were no plans for spaces for the large buses at
the Cyprus Hotel. He questioned what other projects would go in the area, and expressed concern
about the parking. He said he was concerned with over-building, and not planning tbr the t'uture.
Is the city not going to allow any other projects to be built in that area so they can help the person
that is asking for the permit not to have any potential problems in tile future. As long as tile city
of Cupertino can promise there is not going to be any more development in there, that is fine: but
can the city promise that? He said to be careful of future planning; when they built the Cyprus
Hotel nobody expected that there would be large buses parked in front of Town Center and City
Hall on a regular basis. That is the only place they can park now.
Com. Auerbach asked Mr. Whitaker if he acknowledged that the public streets are for pnblic use
and include parking for all. Mr. Whitaker said that the public was allowed to use the parking as
meant by law, but said if they did not look to the future, how could they plan for the future. He
said they were running into monstrous problems next door to his dental office. He reiterated his
concern for the parking problems in the future with the added building on hnperial.
Coin. Wong pointed out that Mr. Whitaker's office building was in the same office condo as his,
and he asked Mr. Whitaker what experience he had with shared parking with other premises. Mr.
Whitaker said that he was attempting to work with the neighbors that use the same parking lot for
their access, easements in and out. He said they have a lot of clients coming in, a,~d at some times
there is literally no place to park. He said the building adjacent to his does not have direct access
to his parking lot, but their staff and clients park there all the time, with sometimes 8 to 12 cars
from another building using his parking spaces, and they carved out vegetation and made
walkways. He urged the Planning Commission to keep an open mind for looking down the road
and making decisions, especially with dentists as they have a lot of people coming and going.
Planning Commission Minutes I t November 12, 2002
Once the project is permitted, there is no control of how many people this person will hire and
how many clients he will have. The city will have to hire a lot more permit people with the
potential growth the city is planning or using or abusing other spaces.
Mr. Richard Madden, 10101 Imperial Avenue, expressed concern with tile height of the project
stating that nothing in the area is that high. He said the new ones going in on the other side of the
street are 30 feet, and his house is 26 feet, and questioned wily it had to be a 32 tbot honse. Itc
said they want things to look similar as a community, and don't need 18 foot ceilings.
Chair Corr closed the public input portion of the meeting.
Com. Wong said he felt the building was well designed, but he was still concerned about parking.
He said he agreed with some of Mr. Whitaker's comments. He said be felt they could try it to see
if it works, and if it doesn't work, code enforcement could suggest other ways to mitigate the
problems. He said he would like to try it at the current stage that it is being presented.
Com. Auerbach said he concurred; and it was his opinion that it was an outstanding design, one o1'
the best that has come before the Planning Commission in terms of the detailing and appearance,
and would be an attractive addition to the neighborhood. The mixed use is what they were looking
for; the reason this does not fall under regular R1 zoning is it is not an RI area, it is a quasi-
industrial area perfect for mixed use. He recalled that the Imperial Avenue apartments across the
street had bottom floor units which were also available for some type of in-home business, which
confirmed the desire for mixed use in the area. With regard to parking, he noted, according to
VTA that there are 7 spaces for every vehicle in Silicon Valley. He said in general the models
how people actually use parking are inadequate and not sophisticated, and do not take into accotmt
any of the dynamics or flexibility of people; if they are in a car they can drive around the comer,
they can walk further, or they can use other spaces.
Com. Auerbach said if people prefer to have a no-growth policy, they should vote in
councilmembers who support no-growth policies. Cupertino has a growth policy and growth has
to be accommodated in some ways and this mixed use is an ideal way to do so. What that means
is that this model of having all the spaces for every conceivable peak hour use of a project to be
within some fifty feet or some very short distance of the front door of the project is no longer
tenable. Com. Auerbach said he did not have the same concerns relative to parking in general, as
he felt it was a small test case with a Iow downside risk. He said he would like to see it move
forward; and would like to finish the missing tooth of concrete sidewalk, which would add to the
finished look as you look down the project on Imperial.
Com. Chen said she felt it was a good design and would like to see the project move forward. She
said her concerns about parking were addressed by staff; and agreed that it was a small enough
project with little downside risk. She concurred with her colleagues and said she supported the
project.
Com. Saadati said the design was attractive and he supported the mixed use as it blends in. I Ic
said he felt the height was not too overwhelming, and that every house could not be exactly the
same height; variation adds character to the neighborhood.
Chair Corr said he agreed that it was a good project, and that he was in fhvor of the mixed use. Ilo
said he wished to be able to take several steps back and not have done some of the things that
were done over the past years in terms of the big parking lots and trying to put stacks of buildings
Planning Commission Minutes 12 November 12, 2002
and everyone sharing that sort of parking. He said he felt Mr. Whitaker's comments were accurate
in thinking ahead in terms of what things we are doing to make sure we are not creating some
terrible logjam along the way. He said he felt the possibility of it happening and having a log.jam
are Iow.
MOTION:
SECOND:
VOTE:
Com. Auerbach moved approval of Application EA-2002-22
Com. Chen
Passed 5-0-0
MOTION:
SECOND:
Com. Auerbach moved approval of Application U-2002-09
Com. Chen
Com. Auerbach said he did not feel they could require the city under the guise of the motion to
build a sidewalk adjacent to it. He said the recommendations made were appropriate but he
looked forward to the General Plan update and having language included to cover such issues.
VOTE: Passed 5-0-0
The Planning Commission decision is final unless appealed within 14 calendar days.
Chair Corr declared a short recess from 8:05 to 8:15 p.m.
Application Nos.:
Applicant:
Location:
GPA-2002-05, SPA-2002-01, EA-2002-0I
City of Cupertino
Citywide
Amendment to the Land Use Element of the General Plan and any other elements affected by tile
Downtown Village Plan
Amendment to the Heart of the City Specific Plan to incorporate tile Downtown Village Plan
Tentative City Council date: December 2, 2002
Staff presentation: Ms. Aarti Shrivastava, Senior Planner, reviewed tile application summary
the Downtown Village Plan for the Cupertino Crossroads area in the Heart of tile City Specific
Planning area along Stevens Creek Boulevard between Stelling Road and DeAnza Boulevard.
Following City Council direction to develop a draft plan, the reasons were: desire for a focal point
or a downtown to support, protect and enhance the city's retail base, and to enhance walkability
and provide alternatives to the automobile. The economic reasons for tile Downtown Village Plan
outlined for the plan itself is that Cupertino does not currently have a recognized area as a
downtown, which a number of cities have and they do have a competitive advantage in locating a
number of businesses that Cupertino has considered desirable. Staff has also had conversations
with people who are interested in moving into such a setting and the development of a downtown
village would enable Cupertino to attract businesses such as bookstores and restaurants that seek
such a setting.
Ms. Shrivastava reviewed the comments of City Council, Planning Cotnmission, Chamber of
Commerce and the public, as outlined in the staff report. She said that the process staff planned
to follow is following the input from the Planning Commission and the public, getting input l¥om
the residents, merchants, property owners and other non-residents who use the planning area, with
the process that she just described. Specific recommendations will be provided to concerns or
ideas as to how the plan might be changed, and then staff proposes to bring the Crossroads area
Planning Commission Minutes 13 November 12. 2002
streetscape plan to the Planning Commission by the December Planning Commission meeting and
the City Council at the beginning of 2003.
Relative to the December date, Ms. Shrivastava said that a notice would be sent out ten days in
advance of the meeting and a neighborhood meeting scheduled. She said the neighbors were
concerned about the four lane option and the 10 foot height increase proposed. She said they
hoped to resolve a number of the issues at the neighborhood meeting and did not anticipate
needing more time. If more time is needed, the process would have to be extended.
Mr. Piasecki noted that the applicant was attempting to get through the process, and if delayed too
long, it could potentially delay the application, therefore they wanted to be responsive to that. He
said it appeared to be a good building that meets the criteria established here and does not come
close to the increase in height discussed.
Relative to Com. Saadati's concern with the 1,000 foot radius for notification, Ms. Shrivastava
said that the current regulations are 500 feet, but for some of the larger projects such as the Civic
Park Master Plan, neighbors within the 1,000 foot radius were notified. She added that if they go
close to the edge of a block, the neighbors in the entire block would be notified. She said she t'clt
confident that it would include all the neighbors directly behind and adjacent to the planning area.
There will also be a newspaper notice and it has been advertised in the Cupertino Scene as well:
therefore all residents itl Cupertino will have information on the plan and a contact to get
information on the plan. The immediate neighborhood will also receive individual notices.
Com. Saadati said that his experience was that even though neighbors are notified by letters and
there are community meetings, once the project is started, people come in and speak against the
project. He suggested adding door-to-door notices to the residents to ensure they are well
informed and encouraged to get involved.
Com. Wong said that with the holiday season approaching, it would lessen the audience
attendance. He said he wanted to ensure that the proposal was the right one and it is done the
right way instead of doing it haphazardly and then have to go back and fix it or have a room full
of angry people. He suggested that a press release be sent to tile list of people included in
notifications of position openings as set forth in the city policy, and also the Cnpertino Scene,
Cupertino Courier, and World Journal. He suggested working with the Chamber of Commerce on
the survey.
Ms. Shrivastava said that staff planned to contact the store managers to let them know ot' their
plans to survey outside businesses. She said they would be happy to work with the Chamber on
anything but had planned to do it on their own and not have to have the Chamber put in manpower
to do it.
Com. Wong said he was concerned that the level of service not decrease with the increase in
traffic, as it was D already.
Ms. Shrivastava said that as in the current policy, each new project will be assessed lbr traffic
impacts, and if there are traffic impacts, they would need to provide mitigation or scale the project
back. She said the plan was development driven and every project that will conform to the plan
will have a traffic study to go with it. When there are no development allocations over what
currently exists, it is difficult to determine how much it will be, since the General Plan buildout
Plauning Cmnmission Minutes t4 November 12, 2002
has actually considered all the development possible in that area. She said the current plan is
consistent with the General Plan.
Com. Wong said that following the neighborhood meetings regarding height and parking, he
would like to see the effects of shared parking since they encouraged shared parking on different
premises. He reported that he visited Santana Row and felt it was a beautiful project. He said
while it may not be the right thing for Cupertino, a scaled down project similar to Santana Row
might be appropriate. He suggested that a feasibility study be conducted for a location similar to
Santana Row either at Vallco or on the Hewlett Packard property, including the pros and cous of
such a project.
Ms. Shrivastava said that Santana Row was development driven and had an individual developer
who came in and developed the entire site. She said they could envision that with Vallco and Mr.
Piasecki would provide information on how it could fold in the study.
Mr. Piasecki said the goal was to create walkable commercial centers in the community and they
should be striving to have a walkable commercial center at Vallco. He said it was definitely
development driven; it is difficult for Cupertino to try and carve out a Santana Row especially in
today's economy. Staff will look for the opportunities and ultimately the market will determine
how much, if there is a scaled down Santana Row around or offthe beaten path in Vallco, it will
determine how that will come out. He stressed they should be as walkable, pedestrian l¥iendly
and as exciting both commercially and mixed-use wise as they can possibly be along the lines o~'
the quality of Santana Row. He said they did not want a Disneyland mainstreet that isn't real; it
has to be real from a market sense if it is going to last a long term. Mr. Piasecki agreed that they
' were needed in both centers; one may be a regional focus and the other a local focus. He said as
discussed in the study session, he felt it would be the people of Cupertino who would decide il' it
was going to be downtown or not, and it will be a function of whether the market can respond and
build the kind of amenities that people associate with the downtown. He said if that happens that's
greater yet, but if it shouldn't, there will be a great walking street as a result and they would make
the best of it either way.
Coml Wong said that relative to the orange mesh, he understood that 45 feet was not ideal, but
questioned whether 55 feet would be more appropriate.
Ms. Shrivastava said it would be difficult to convince a property owner who at this point is not
considering building anything to put up orange mesh in front of his building. She said she did ,lot
know how easy it would be to convince someone to put up an orange mesh.
Mr. Piasecki said that photo simulations are effective at showing the same thiug. He said they
could locate buildings that are configured the way buildings would be allowed under the plan and
direct people to go out and look at them, which would be more effective than setting up tile orange
mesh. He said it was the continuity of building forms that create the Santana Row effect which is
what staff is trying to allow for in this particular area.
Com. Wong said the only thing good about the orange mesh is that it does show in realistic terms
how high it is in the residential area. Ms. Shrivastava said that it would be difficult; who would
finance it and who would agree to put it in front of their business. If it was a developer building a
project, he could be asked to put in the orange mesh; however, it is more difficult if they do not
have a project and they are asked to put in the orange mesh.
Planning Commission Minutes 15 November 12~ 2002
Com. Auerbach discussed comments made at the study session. He asked for stafffs response to
the comment from a councilmember who thought it was too much of a thoroughfare, which was
the function of Stevens Creek in this area and that compared to other cities, other cities have other
routes around such as El Camino.
Ms. Shrivastava said it would still remain a thoroughfare with three lanes and would have the
added element of walkability while also servicing cars. The alternative was to look for another
place to have the downtown and as previously mentioned, they do want this to be market driven;
but not create a Disneyland. It has to have the right ingredients to begin with, and it was I'elt that
this was the best place to have the local retail focus. In terms of the retail square footage and
revenue generated today, Com. Auerbach asked where it is located in the city. Ms. Shrivastava
responded that she was not certain about the revenue; but Vallco has been steadily falling, and
there is about 600,000 square feet of retail in the Crossroads which are doing well in spite of the
down market. He said much of 1.1 million square feet at Vallco is cnrrently vacant and the
remainder not doing well because it is not cohesive and working together.
Com. Auerbach questioned if there were other local major shopping centers with busy streets in
front of them. Is it necessarily true that the high volume traffic resulting from continuing to have
six lanes is really a detriment to shopping activity?
Ms. Shrivastava said they did not feel that; and as mentioned it is still one of Cupertino's highest
grossing retail areas and obviously the traffic hasn't deterred it any. She said they don't expect
traffic volumes to reduce because of the plan, so it is hoped that with the walkability and with the
mixed use, they will be able to get more customers for these, without adding auto trips, because
some synergy is realized within the mixed use format; so you can actually increase the atnount of
business in the area without adding trips. It would be so if you had a mix of office/commercial
and residential, where the residential might use the restaurants at night or the office might be able
to use the restaurant that they can walk to if they had a selection of them rather than get into the
car and drive to find something, because they didn't have something close by.
Mr. Piasecki said that tile Crossroads area was a vibrant area with a current blend of uses, from
daycare centers to large department stores, markets, restaurants, and banks. He said the problem
with a lot of other locations where it becomes high end specialty, is that it does not become an
area where you can go to the grocery store, pick up a few things, get lunch, and then shop Target
and go home. There is the opportunity for all the synergistic interrelationships between uses
which exists in this location.
Ms. Shrivastava said there were arterial routes and it is not expected that because of the plan they
are going to have people shifting over, and it is hoped that they don't with the current lane
configurations and everything else. They will not impact tile level of service, but there are
existing connectors and arterials in the city tbat do take a lot of the traffic. In response to Com.
Auerbach's request for clarification, Mr. Goepfert explained that an arterial carries traffic through
an area, a main path from points not necessarily baying accesses to the local area through which it
passes. A collector has access to local roads and has some access to the fronting properties. An
arterial is meant to be a thoroughfare. He said one thing to avoid is to divert some of the traffic to
more residential local or collector roads; however to a certain extent tbere may be some depending
on the impact eventually, it may be estimated to have some dislocation to the routes where it is
appropriate. You may turn the traffic more north on DeAnza and take it to the highway, but that is
something to be studied more.
Planning Commission Minutes 16 November 12, 2002
Mr. Piasecki said that another interesting point on the through trip activity, it is suspected that
some people, especially in the morning, are opting not to get onto the tnetering ramps at 85 and
DeAnza Boulevard near the San Jose Cupertino Boulevard and are electing to go up and cut
through Cupertino and cut down Stevens Creek Boulevard to pick up the non-ramp metered access
at Stevens Creek and Highway 85. He said there was concern about the phenomenon where
Cupertino becomes a doormat for other communities. There is the need to be conscious of that
and hopefully the possibility of discouraging some of that activity.
Com. Auerbach said there was another entirely plausible outcome that changing traffic pattern in
any way might encourage more local traffic using local merchants and discourage people t¥om
using it just as a thoroughfare. He questioned if it was a reasonable possibility. Mr. Piasecki
responded that it was. Com. Auerbach said that relative to the level of service, there is a General
Plan which forecasts some level of buildout, with a growth strategy to that level of bnildout, and it
is forecasted that the level of service will be acceptable at that level of growth.
Ms. Shrivastava said all the development that is possible in this area generally, has been
considered in the General Plan buildout, and in addition to that, additional security is built in lbr
every project that comes in, and gets tested even though it complies with the General Plan to make
sure that the LOS is not impacted. She said that there were a number of checks and balances built
in to make sure that the LOS is not impacted. She said if they do nothing, a I to 1.2% increase in
traffic per year is forecasted for the next decade.
Com. Auerbach questioned how they would technically stay in compliance with the LOS. Ms.
Shrivastava said with the new General Plan hopefully they would be using some of the newer
counts and have better numbers, and in addition to that, as mentioned, existing conditions arc
considered and background conditions, and project conditions for every project. For some of the
larger projects, tbey actually do 20/10 counts that provide an increase over the next 8 years or l0
years. He said a lot can't be done about existing traffic, but whatever can be approved is studied
carefully. She said with the plan, it is hoped that they will reduce some of the true move~nent,
where people use it instead of the highway because it is easier to get throngb than any other street
and any other city; but it is retained for a lot of the local uses, the business uses, and hope that
with the mixed use they are able to realize more business without adding trips.
Com. Auerbach said it is fair to say that there is no more room to expand our roads, we are
probably not considering grade separates crossings; it seems tbat since we are forecasting a I%
increase in traffic for tbe next decade and we have a growth plan, no matter what we do from an
objective point of view, traffic is going to get worse.
Ms. Shrivastava responded that it was a reasonable assumption, and their policy toward growth
would be to not only check projects, but to try to sculpt growth in such a way that it does allow
more walkability and doesn't result in a lot of trips. It would appear without increasing or taking
land away from more lanes.
Com. Auerbach said that some people said it would not become a downtown and it bas been
mentioned not to refer to it as downtown. He said the definition was the commercial center of a
town or city or synonym for business district. Ms. Shrivastava said that it was a lair
characterization, and that it was the largest local business district. Com. Auerbach added that it
can also be said that this is a major change and needs a lot of input. He said he felt it is indicated
that it is really a change to the streetscape and perhaps the building height is the only real issue
that has been brought forward. Ms. Shrivastava said at this point it is something they hope will
Planning Commission Minutes 17 November 12, 2002
actually improve the plan and make it part of the resident's plan and they will finally determine
the success of the business district.
Mr. Piasecki said the concept was first put forward to the public as a community downtown and
the issue was raised in past community congresses and the most recent one as well where people
have questioned where the downtown is. The Planning Commission and City Council have been
supportive of the concept of walkability and attractive streetscapes. It was logical to put the ideas
together and create these kinds of spaces, not only in the Crossroads but also at Vallco and any
other new development on Hewlett Packard. At the end of last year the City Council authorized
the Planning Department to move ahead in January of this year. The public has known about thc
specific plan for about 10 months.
Com. Auerbach recalled that it came up at a community congress in 1999 or 2000. Mr. Piasecki
said that it is constantly coming up, in the last community survey there was a strong interest in
creating some kind of a visual and identifiable part of the community. In response to Com.
Auerbach's question about the grand boulevard concept and how the downtown village differed,
Mr. Piasecki said that the Heart of the City was adopted in 1995 and the grand boulevard predated
that around 1993 or 1995. He explained that the grand boulevard looked at all of Stevens Creek
Boulevard and essentially created a frontage road to provide calmer, slower traffic near the edges
and then allow for four lanes in the middle, to be the high volume, high speed streets. The grand
boulevard went beyond talk about fairly elaborate signage programs and lighting programs that
were costly, very ambitious and attractive. He likened it to the Champs-Elysees example in trying
to dress up Stevens Creek Boulevard. He said there were comments about the difficulty
crossing Stevens Creek Boulevard and the intimidation for the pedestrians, and because there is so
much focus on the automobile, people are starting to question whether it is the appropriate thing
for this community. This committee may have to reevaluate that and staff hopes to bring that
question of how do you re-evaluate that with the General Plan update.
Com. Auerbach questioned the notion that some people sense an element of confusion over saying
downtown, but really meaning civic center and downtown civic plaza. Ms. Shrivastava said that
they looked at some downtowns, parts of Los Gatos and Mountain View, and most of them had
over '/2 million square feet of retail to support a real downtown. Town Center doesn't have the
mix of everything needed; it has 20,000 square feet, which is three restaurants and does not
constitute a downtown. She said they were looking for walkable communities everywhere, but
that in and of itself does not constitute a downtown.
Com. Auerbach asked staff to respond to the feeling that a lot of people would say that it would
change the character of Cupertino.
Ms. Shrivastava said that it is essentially suburban, characterized by mainly Iow rise buildings. It
is not proposed to change that a lot, with keeping the existing development allocations. However,
it is proposed to increase the feeling of comfort while walking along a fairly wide street, about
140 feet from building to building as shown in the plan, hence the only change recommended was
adding some height in the front while reducing it in the back; and staff felt that would bring a
sense of enclosure so that people could feel comfortable walking along the street; something not
presently felt. The automobile and the lanes dominate the street and prevent one from feeling
good about walking along there.
Planning Commission Minutes 18 November 12, 2002
Com. Auerbach illustrated photos of Stevens Creek Boulevard as it is, and with added insets ot'
buildings, showing the width of the street, heights of buildings, and newly built homes on Stelling
Road. He said there was good framing at 30 feet on Stelling, but poor framing on Stevens Creek.
In response to Com. Auerbach's comment about some businesses putting restrictions on building
in tile front of other buildings, Ms. Shrivastava cited examples of Target and Mervyns as tile
retailers having control over any project on their site. He said it was entirely development driven;
nothing can be built without tile agreement of the existing retailers, and many of the pro. jects
provide an opportunity by allowing them to go closer to the front. They actually can realize better
usage of the site because they can bring the buildings closer and get more of the area between tile
older buildings in the back and the buildings in the front for parking.
Relative to underground parking, Com. Auerbach said there was a concern that as things build out
and the requirement for parking does exist, if there was an applicant with a two story dense
project and needed to provide underground parking, the result would be various underground
parking lots.
Ms. Shrivastava said that the current situation, the Heart of the City, people can propose
underground parking structures just about anywhere; there is a project at the comer of Blaney and
Stevens Creek Boulevard where it is a mixed use with retail office and residential, with an
underground parking garage. Staffwill review it to make certain the parking format works. There
is a current situation that allows that and it would not change. Relative to the trees blocking the
signs, she said that it surfaced during the Heart of the City Plan, and they compromised on having
the current street trees spaced, and that is not being changed. The canopy is being raised so that
the first floor signage, which is the main signage, would be visible. She said that tree planting is
one of the very important streetscape features that people recognize as Cupertino's signature. It
provides shading, frames the street, and it is planned to plant some in the median that will help to
reduce the width of the street at least from a pedestrian's perception.
Relative to medians, Ms. Shrivastava said that they reduced the size of the mounds to allow
visibility of pedestrians and stores across the street; a number of people, commissioners and
council members expressed an interest in leaving the medians as they are. She said they mn the
risk of having that same situation but they do have crosswalks that will be provided at the cross
street, and with the current median arrangement, if some trees could be added itl the median, it
would realize the intent of the plan just as well.
In response to Com. Auerbach's question of how success is measured, Ms. Shrivastava said that
the measure of success is the people walking in the area, enjoying themselves and also comments
from people saying that it is a wonderful experience. Also business sales increase will be an
indication of success.
Com. Chen and Chair Corr had no questions.
Chair Corr opened the meeting for public input.
Chair Corr commented that consideration will be given to make sure there is more publicity and
more public bearing before taking action oil any of the suggestions.
Mr. Ned Britt, 20850 Pepper Tree Lane, said he felt there has been a lack of allegiance to the
people who are homeowners and live nearby in the area. He said it appeared that everything
Planning Commission Minutes 19 November 12, 2002
seems to be motivated by development, density and degradation of the neighborhood life. He said
most of his time spent in interaction with the community and City Council has been trying to stave
offtheir actions; trying to perhaps create a New York City type environment. People want to live
in Cupertino because it is nice to be here, and the people who want to change it are those who
don't live in Cupertino. In his opinion people living on the upper floor of a multi story building
are not going downstairs to work, but driving somewhere else to work. Most of tile people who
live in Cupertino don't work in Cupertino. He said he was involved in the founding of 5
businesses and almost never did the majority of the people where we had the business live in that
town. Mr. Britt said he was opposed to the taller buildings. He said they settled in Cnpertino
because of the quality of schools, and the openness, and talk of bike paths and walkways, and felt
that having a General Plan with a density of 13 units per acre was not in keeping witb the
objective, and was deceptive. Mr. Britt said not to be fooled by renaming it a streetscape plan; it
was simply a change in the General Plan, and the General Plan is constantly amended to
exacerbate the issue. He said he felt public input was lacking, and snggested mailing the
Powerpoint presentation and photos to the people in the area, not only the ones backed up against
Stevens Creek Boulevard but also the ones in the area near DeAnza College and Faria School. He
said the school district now had a plan to move the students across DeAnza Boulevard to Hyde,
making them walk there every day, which would definitely increase traffic.
Ms. Jody Hansen, CEO, Cupertino Chamber of Commerce, thanked everyone for including the
Chamber in the joint study session with the City Council; she said it was important to be able to
express the concerns of the business community. She said she felt some of their concerns were
beard especially regarding the lane reductions on Stevens Creek. She said they supported a slower
process, but expressed concern that she felt they were still fast tracking. She said she felt tile
survey of residents, businesses and customers would take tnore than one month and the Chamber
is willing to help in any way needed. One thing expressed at the study session was tile need for
more community input from a number of levels. If it can be done, the result will be a better plan
that reflects the expectations and needs of the community. She addressed the General Plato
rezoning of commercial areas and said she felt the Chamber would support maintaining the
commercial areas zoned now rather than rezoning them into residential areas. She said it is felt
that tbe commercial businesses and their employees do support the retailers. Ms. Hansen
questioned how long it would take for the street trees to mature, since there is a period when tbey
will block some signage.
Ms. Shrivastava said it would be similar to the current situation with new businesses planting new
trees. She said there was a minimum size, possibly 8 feet bigh when planted, but there is a
growing period. It would not differ from what presently exists.
Ms. Hansen said she would be glad to be involved in the process of seeking tnore community
input.
Com. Auerbach noted that in the Chamber's letter, it mentioned a correlation with a reduction in
lanes and retailers revisiting their leases with the reduction lanes. He asked how the Chamber felt
about other shopping areas, in particular, shopping malls operating on tbe principle that you park
once and do a lot of shopping. There are no lanes of traffic in them and how is the situation
compared.
Ms. Hansen said that she sees the Cupertino consumers doing aggregate trips so that they will use
their car and are trying to go to as many places as possible on their lunch hour. She said it was
critical to keep the level of service up, as those people are trying to hit as many businesses as
Planning Commission Minutes 20 November 12, 2002
possible to do their dry cleaning, get their lunch, and any other errands that they can do at once.
People are time poverty and the important part is being able to get in and out of those places
quickly. In order to change that, a new shopping environment would have to be created where
they might stop, park and walk to a number of places.
Com. Auerbach questioned if the Chamber endorsed converting the frontage lots that are currently
pavement, into more shops, thus increasing the odds that people would do more than one errand at
one stop, which would hopefully lead to more shopping. Ms. Hansen said it would be all ideal
situation, since the retail mix with a variety of retailers in one area would increase tile sales tax
revenue. However, it would take time to create and would take some critical mass to have that
happen, and it would not be an overnight sensation.
Com. Auerbach said witb regard to signage, there have been people who have visited Santana
Row, perhaps not knowing what shops are there. It is not necessary to see the individual signs to
the stores because it is the possible discovery of something there because you know it is a good
shopping district. He asked if it was something the Chamber generally thinks is a logical scenario.
Ms. Hansen said that in a large mall there is the expectation to see a variety of stores; ill Cnpertino
there are more habitual shoppers, people who go to certain places because they like them or there
is ease of shopping there. She said she felt they should work to have larger retail areas that people
will go to because they know there will be a variety of stores they call shop ill. She said she did
not think it was a possibility for Stevens Creek in the near future, perhaps ill 20 years, but would
take some real marketing and planning and developing certain sectious well in order to have that
happen. In response to Com. Auerbach question about Palo Alto's University Avenue, the
assertion that the restaurants made it a vibrant place, Ms. Hansen said that restaurants were a
definite key, and was true in Mountain View as well. When you call draw a uumber of restaurants
into an area, it does create something to go to in the evening and during the day.
In response to Com. Auerbach's question about the Chamber's involvement ill customer surveys,
Ms. Hansen said that they had not surveyed the customers to ascertain who were local and who
were from the outside; but it was something she was getting into the process ol; as they were
starting to survey tbe businesses since her arrival.
Com. Wong questioned if customers would go to another business if they felt it was not
convenient to get to a certain business. Ms. Hansen said that ill the case of Target, because people
can get in and out of Target easily, even though sometimes the parking is a challenge, it is not
going to keep them away; but if there is too much traffic ill the area, there will be people who will
go to otber areas because they know its easier to get in and out of that particular store.
Com. Wong asked if there was an infrastructure ready, aud light rail was brought ill and made
easier for consumers, because a lot of people are using their cars, would people come to tile
retailers if high density was put in. Ms. Hansen said she felt the light rail was a real critical long
term plan especially with the fact that DeAnza College is looking at increasing their enrolhneut
and that will stress tbe streets with city traffic and would also be a reason for them to use the
stores and shopping. She said it was key for the future and we will all have to rely on it,
especially as we bring higher density into the main thoroughfares.
Ms. Sbrivastava clarified that higher density was not being proposed; nor a change ill development
allocations or density for this plan.
Planning Commission Minutes 21 November 12, 2002
Chair Corr stated, and Ms. Shrivastava confirmed, that the issue was about being able to bring the
development, whatever may go on, closer to the street than it would have been bet'ore.
Ms. Shrivastava said that it is only allowed in certain cases and one of those would be if it had a
pitched roof and it could even make that the only case; again as part of this public process that il'
people are overly concerned about the increase height, she said she felt recommendations could be
made to alleviate those concerns. Ms. Shrivastava said that in order to go to 55 feet, a General
Plan amendment would be required for this project. Com. Wong said that in the previous General
Plan the community agreed that for ten years that it would be 45 feet and that goes back to making
amendments after amendments. She said that as part of the public process, it is a concern that
staff will address.
Mrs. Penny Whitaker, 20622 Cheryl Drive, commented on tile publicizing of tile meetings. She
said at the joint study session on Monday, November 4"', it was stated that the meeting was
publicized in the Cupertino Scene. She said she heard of the meeting from someone else, and her
Cupertino Scene arrived on November 7th. She stressed the need for improvement in announcing
the meetings, especially important meetings about changes to the General Plan, suggesting they be
publicized in a timely manner, preferably at least one month ahead. She expressed concern that
there was no mention in the newspaper article that the General Plan was to be changed by moving
the buildings 15 feet closer to the street or that the buildings would be raised from 45 feet to a
height of 55 feet. Relative to the three lanes of traffic in each direction on Stevens Creek, she
asked if it was taken into consideration that one of the lanes will be blocked by cars trying to
parallel park along Stevens Creek. She also asked if the bus turnouts will be removed; and if so,
was consideration given to the fact that buses will be blocking one of those lanes also. She said
another concern she has heard continually from citizens of Cupertino is how to get the retail alive
in Vallco instead of encouraging more building along Stevens Creek. She said her fellow citizens
do not want another Santana Row in Cupertino. She urged the Planning Commission not to push
the application through to accommodate one applicant when a whole city could be harmed; and
she thanked Com. Wong for suggesting that this not be rushed through at this time of the year.
Relative to Com. Wong's question about whether or not difficult parking sends people away, she
said she felt it did, and cited the example of the shopping area where Subway and Gourmet Wraps
is now located. She said she avoids patronizing the shops because it is too difficult to get in and
out of the parking lot.
In response to Com. Auerbach's request for Mrs. Whitaker to clarify her concerns about the
height, she said she was concerned about more people in an already congested area and the
problems that higher density would bring, particularly with the hotels at full capacity. She said
that there is a feeling of being swallowed up by the higher density buildings being constructed, tbr
example at the corner of Stevens Creek and DeAnza.
Com. Auerbach said that in terms of allocation, the General Plan had not changed since 1993, and
although there have been amendments, he was uncertain the allocation was affected. He said it
appeared from Mrs. Whitaker's remarks that she would rather see a General Plan amendment to
stop the planned growth. Mrs. Whitaker said that she was not saying to stop growth, but to stop
building so much in one concentrated area. Relative to the building height, extending it by ten feet
may lead to another ten the next year and so on, and it has to stop somewhere. Com. Auerbach
asked Mrs. Whitaker if she would like to see a General Plan amendment that would reduce tile
level of growth or spread the growth throughout the city somehow. Mrs. Whitaker replied careful
growth, including mainly input from citizens; listen to their concerns; hear what they want done to
that particular area. She said she was willing to accommodate additional people, not all people.
Planning Commission Minutes 22 November 12, 2002
Mr. Whitaker stated at the recent community congress, people went into the congress meeting
with specific boards and specific questions, and placed dots on the boards and then broke into
discussion groups. The high density that everyone put dots on was an indication to the city that
people initially wanted high density, yet at the first discussion group that be atteuded nobody
wanted high density; some people did not want any growth, hence most wanted moderate growth.
He said that was what Mrs. Whitaker was referring to.
Coin. Auerbach questioned their preference for less growth than currently experienced, and
whether or not they believed the traffic studies that state the projected growth can be
accommodated. Mrs. Whitaker said that before she became so involved in the process, the area
behind them on DeAnza and Stevens Creek, the area of Blaney and tbe CCS housing were all
approved and they have yet to see the repercussions of it. She said the people in the community
were unhappy with what was there now and said she was unsure they could predict on paper what
the actual result would be. Mrs. Whitaker said she could visualize light rail down Stevens Creek
and did not object if it was done properly. She said she objected to continuously high density,
higher buildings that block the neighbors around it from being able to see the sunlight. She
reiterated that she did not like living in the shadows ora four or five story building.
Com. Auerbacb said that it could be demonstrated that even 50 foot buildings along Steveus Creek
wouldn't block the neighborhood. He said he resided in Rancho Rinconada and was ,lot faced
with that particular issue.
Mrs. Whitaker said that the residents felt they were not listened to and wanted consideration
shown to their feelings about their surroundings.
Mr. Dennis Whitaker, 20622 Cheryl Drive, said that he envisioned Cupertino as a suburban area,
not an urban area. He said the mayor had said at a Chamber of Commerce fuuction that their
primary responsibility is to the current citizens of Cupertino; yet he was bearing tonight that a
developer is more important than the current citizens of Cupertino. Because of the holiday
season, people are not going to be able to attend public meetings and be requested that the
application be slowed down. Mr. Whitaker reported on a recent visit to Paseo Colorado, a mall in
Pasadena, and also State Street in Santa Barbara. Relative to the orange ,nesh, be suggested
putting tbe orange mesh in the driveway separating the retaining wall from the structures behind
McWhorters and Mervyns. He said the citizens were entitled to see what the 55 feet looked like.
He asked for a clear definition of walkable. Relative to Com. Auerbach's question about two
major arteries, he commented on the example on Westridge where there is Hamilton and Saratoga
Avenues, they have so much more space than the Crossroads area to work with, but it is one area
we are looking at. He said they were talking about through traffic and that means a lot of things;
DeAnza College is going to expand now and they will probably want to expand down tile road to
become a four year college; also the Hansen Place that is going to be developed in 10 or 15 years,
also the post office; why was the post office moved so far away. He questioned if the 2300 units
being discussed were included in the traffic proposals; and were the areas on Blaney, hnperial, tip
and down Stevens Creek and DeAnza and the areas in the Town Center part of it?
Com. Auerbach asked Mr. Wbitaker to define his vision of Cupertino in terms of accommodating
the growth. Mr. Whitaker said he was not one for no growth, but would like to see moderate
growth. There need to be places for the city workers to stay, places for its students to come back
into the community. He said he was proud of the community as it is now. When he looked at
the intersection of Stevens Creek and DeAnza and the monstrous high rises, up until the hotel was
Planning Commission Minutes 23 November 12, 2002
built, the ugliest building in the world was the brick building at DeAnza and Stevens Creek. I-lc
said his concern is once you start something, once you build something, you can't take it away, it
is a mistake that is there forever. Give the process time.
Mr. Whitaker said that he and Mrs. Whitaker visited Costa Mesa and Woodland Hills and there
are high rises everywhere that block the residents' views of the hills and skyline. He said he did
not want the same thing to happen in the Cupertino area. He said they enjoy walking through the
surrounding neighborhoods and the big buildings will detract from the home values. Mr.
Whitaker said he was concerned about growth without tile infrastructure. He said if the concern is
indeed about the current citizens of Cupertino, use a thought process and slow the process down,
so that there will be no regrets later.
Relative to Com. Auerbach's question about urban development, Mr. Whitaker said he liked tile
city as it is now; and said he was concerned that the character of the city was being mined by
more and more building. He encouraged staff and the Planning Commission to visit Pasadeua and
Santa Barbara to see the wonderful shops and State Street in Santa Barbara. He said he felt the
Crossroads area was the better choice and where it would fit.
Com. Wong questioned what Mr. Whitaker's comfort level was relative to height. Mr. Whitaker
said that in their visit to Pasadena and Santa Barbara, they looked at the 55 foot height. He said
there was no reason why it has to go over 45 feet, the planners in past years had set a limit for 45
feet; if you go to 55 feet, you then go to 65 feet and it does not stop there. Tile bulk of the street
in Santa Barbara is about 45 feet, inset about 20 feet and the heights were about 20 to 30 feet on
State Street. Around the corner there is one tall building with the framing to 55 feet. The closest
parking was about 2 blocks away. He said that two lanes were different than six lanes, and asked
that they not allow the UPS and Federal Express trucks to park. He said that he would like a mall
similar to the one in Pasadena and to be able to walk around the neighborhoods. He urged the city
and Planning Commission to reinforce the idea that the current citizens are more important than a
developer. He said there can be an affordable product to put on the plate for any developer if
planning is done ahead of time, let the community citizen come together. He said he would be
able to get 200 interested people to attend a meeting in a short period of time; he emphasized that
people should have a chance to have input.
Com. Wong said that on Nov. 4th at the last study session, regarding to the Town Center, Mr.
Whitaker was very forceful in reaching a compromise; and ended up supporting the Town Center
project. Mr. Whitaker said it was because in his mind everything had to be stopped because there
was so much citizen output from four different areas, and he felt it could be done constructively.
He said he felt it could be done the right way if the citizens from that block and area were
involved since they have a right to know what is going to affect them and the values of their
homes.
Mr. Piasecki said that Mr. Whitaker made a point that it would be good to have quieter back
streets with a complementary commercial environment and it is envisioned between the back
stores and any front buildings built along Stevens Creek Boulevard that you could create a double
entry and make those back areas walkable. He said that State Street has connecting paseos and it
would be worthy to measure the height of the buildings in the Paseo Nuevo as well as Macy's and
Borders, but the concept of having connections is the issue.
In response to Mr. Whitaker's request for a definition of walkability, Mr. Piasecki said that it was
about connectivity, knitting the community together and building the community that way and
Planning Commission Minutes 24 November 12, 2002
trying to get around all the closings, walled-in and disconnections from the past. The only way to
get people to walk to places such as Whole Foods instead of driving their car is to have a
comfortable walking environment, which is a difficult challenge, as they are built in a suburban
drive-your-car mode, get out on the 8 lane road, and keep widening it if you need to, so it's a
different philosophy and one which needs to be promoted.
Mr. E. J. Conens, Pinefield Drive, a resident of Cupertino since 1959, said be resented the t'act
tbat elected officials and some hired people in the city are so concerned tbat the developer has to
be taken care of. He said he felt the remark about the anxious developer wanting to get into the
project and the city not wanting to lose bim, was inappropriate. He said that the voters and
residents have a right to be heard. He noted that in Rancho Rinconada they do pnt the orange
netting up, there are also some huge houses in Rancho. He said he was opposed to the project on
Stevens Creek. It was said at tbe November 4th meeting that things were moving too fast, and to
slow down and study the issue. He said what was occurring was not in line with what was
previously discussed. Mr. Conens said he felt the building height spread over the city was out ol'
control. He said the original plan for the buildings on Stevens Creek and DeAnza was to step up
the buildings away from the street, and that is lost now with the new monster hotel there. He
questioned what the status of Vallco and the Oaks is and commented on the loss of the small
center on Blaney. He said that expansion or growth is fine, but not all at once. Mr. Conens urged
the Planning Commission to listen to its constituents and slow down the process and think it
tbrougb.
Com. Auerbacb said that Rancho Rinconada, like all R1 neighborhoods in Cupertino, requires
story poles to be put up when greater than 35% floor area ratio is proposed to allow neighbors to
get an idea of the size, but that is only for R1, it is not done for commercial properties.
Chair Corr closed the public hearing.
Com. Chert said she appreciated the public input. She said she wanted to address the traffic issue:
they were facing a huge challenge to create a safe walking environment without sacrificing any
the level of service, and the reason is the location picked for this particular function. To address
the framing issue, she said she agreed witb Com. Auerbach that the street is too wide for people
cross; but is increasing the height the only solution to resolving the framing issue? Should the
possibility of a different location for this particular function be considered? She questioned how
to create a local business center and also community gathering place where it is pleasant and sale
to walk, but without baying to impact those people in their daily life who bave to use the street to
go from one place to another. Com. Cben said she felt strongly that they should revisit tbe
location. A list of potential locations as suggested by the public should be used, iudicating the
reasons for selecting them, and the impact of using those locations, and also the potential
mitigation plans to address the impacts. Regarding the timing, Com. Chen said she concurred, aud
also heard from the Council on November 4th' that the process was moving too last. She asked
staff to reconsider the timing, especially because of the upcoming holiday season, when getting
community input would be difficult.
Mr. Piasecki said that it was the Planning Commission's prerogative to direct staff as they see fit.
He emphasized that it is the goal of the city to provide a higb level of service, and as such are
sensitive to developers and residents and when they apply for a building permit, stafftries to make
it a quick process. In this case, Mr. Barry Watkins has been working with staff for about six
months to get his plans together and has been in the cue for about three months trying to get bis
application moving, waiting for the plan to come to fruition so he could move forward. He said
Planning Commission Minutes 25 November 12, 2002
the plan can be heard, and made contingent on this plan being approved, which is putting the cart
before the horse; or if the commission wishes, put it off. Relative to the comments about moving
too fast, Mr. Piasecki said that in January it will mark a year since initiation. He said they were
rarely accused of moving too fast, but staff said the concept would give them more time to
organize the notices to the neighborhoods and hold the meetings. He said if the meetings were
held in January, it would likely be February before coming back to the Planning Commission and
March for the City Council.
Mr. Piasecki said that the fundamental issues are should you go up 10 feet, should you come
closer than 15 feet? He said it would be made clear that it is not a complicated issue, and isn't the
question of is this going to be the downtown of Cupertino. That is unknown, there are walkable
streets everywhere and it should be a walkable community and it should be at Vallco, Hewlett
Packard, Crossroads, the Oaks, Town Center and everywhere else. The public will ultimately
decide the downtown area. He said the answer to the question is to delay it to February, intbrm
the applicant he is going to have to take a three month delay because he will be in through the
process about three months ahead of this plan.
Com. Chen said the vision needs to be shared with the community. It is a community gathering
center; it does not just impact the neighbors around the area, and the outreach program has to go
out to the community and not just the 300 or 500 feet required by code. She suggested if
supported by her colleagues, to facilitate another discussion on the specific topic; to share tile
vision, share the information of locations and share the plan of mitigating the traffic and also hear
from the public as to what they want for Cupertino as a community gathering place and also as a
local business center.
Com. Auerbach said not to lose sight that this was not totally negated by the City Council, that
many of the comments were that residents have asked for this for a long time, it is a reasonable
plan that takes into account an enormous number of constraints, such as how do you create some
sort of viable community space with six lanes of traffic; bow do you do it when you are not as a
city going to put any skin in the game and you are going to rely entirely on developer driven
requests to redevelop the street. He said it was an outstanding document produced by tile
Planning Department. He said as a Planning Commission their purpose is to implement the
General Plan and the General Plan plan calls for a lot more growth than the people here tonight
are willing to suffer, and that is an issue between your City Council and yourselves; you have to
elect a City Council that wants a lot less growth, as you mentioned we are trying to get 2300 new
housing units; we are not even sure that would bring us up to a level of jobs housing balance that
is appropriate; we might even need more housing to get to that level. All cities in the Bay Area
and beyond have to do a lot to achieve that to get to jobs/housing balance and that is what is in the
current General Plan and what they are trying to implement. The current state of the art in urban
development is to preserve your neighborhoods the way they are; if it ~neans that yon may see
taller buildings from some back yards in your neighborhood, that is true, but cotnpared to allowing
duets or multiplexes in neighborhoods in R1, that won't happen, so you say you want less growth,
you want to put 2300 people in the city, where are you going to do it? The evidence is that when
you show people 50 units to the acre, and it would take densities around 50 traits per acre to
interest the VTA in getting light rail down Stevens Creek; light rail could not be on Stevens Creek
today at the kind of densities discussed because there is not enough usage there. Look where light
rail has been produced throughout the city, and it is specifically designed to connect dense
developments in Mountain View and elsewhere, San Jose, two Ciscos and the like, and that is part
of the current state of the urban planning, to build communities along those transit corridors and
Planning Commission Minutes 26 November 12, 2002
do that with higher density, so you can do that at the street level without having to impact the R I
neighborhoods.
Com. Auerbach said that if a different plan is desired where growth is started in tile RI
neighborhoods, that is fine, and City Council has to address it. Work is on the General Plan that
calls for finding a home for this and it has been around since 1993, and ten years later we are not
even close to achieving it, so the rate of growth is actually relatively slow compared to tile plan
and so if you can't stand this level of growth, then really in essence you are not for little growth,
you are for zero growth and you should call on your City Council members for zero growth policy.
Relative to the comments about it moving too fast, Com.-Auerbach said that for the mininmm
number of changes considered, it has been more than two years since originally suggested ~'rom
the first community congress, a year since the Planning Department was directed to move ahead
faster than the General Plan update, so that a start could be made on the street ahead of the
General Plan update. He clarified that the Planning Department was asked to accelerate this
portion of the General Plan update to make progress with developers who already wanted to move
their buildings up.
He said it was his opinion that it was not moving too fast, considering the minimum amount of
changes remaining, but the desire seemed to be to get more input. He proposed that it be
decoupled to remove any suspicion that it is developer-driven; it is not developer driven in terms
of getting on this on a fast track, but developer-driven in that the developers want to do this kind
of development which in terms of square footage, additional traffic, people is totally contemplated
within the current General Plan; they want to do it in a modern state-of-the-art way by bringing the
buildings up to the street front and they are going to have to wait longer before they can do that.
He said he felt the orange mesh is not a good idea, and bad for the application. He said the photo
simulations were extraordinary because they give a street level perspective of tile building; tile
mayor has used them at his state of the city address, and they have been used in several reports.
Com. Auerbach said that he disagreed that it was too fast, developer-driven, and too dense. Ile
said in fact it was driven by the Planning Commis~sion and has been more than a year in the
making.
Com. Auerbach said he felt they should move forward with due alacrity; but it will be seen as
moving too fast; perception being reality, we should get more input. He said it was unlbrtunate
that it has come to this, as they could be conducting other business.
Com. Wong said it narrowed down to a small number of concerns. He said he agreed with Com.
Chen regarding the traffic; and wanted to be cautious when developing in the city of Cupertino,
that the level of service is not affected. Relative to the location, he agreed that a survey of what
the community wants in a downtown and the location is needed. He said that Com. Auerbach's
illustrations may be helpful in showing to the community, as there is the perception that density is
being added although it is not.
Ms. Shrivastava said the plan actually encourages building closer to the street and away from the
neighbors. It takes the existing development possible on the site, collects it toward tile street and
reduces it towards the back; staff felt it was a better way of framing the street as well as reducing
heights where it would impact the neighbors while keeping development as currently allowed.
The plan currently allows residential units in the area, whereas now you could build three story,
two story is recommended. She said she would like to address in the neighborhood meetings that
they are not adding density, but asking for a 10 foot increase and if they don't want the ten foot
Planning Commission Minutes 27 November 12, 2002
increase, the result will be buildings closer to the street; no height increase and no density
increase.
Com. Wong said that if they could show the simulation shown and the residents like that, he was
willing to go along with that. Relative to height, he said he felt the neighborhood meetings wot. Id
address some of the issues. Relative to orange mesh vs. simulation, if retail is required to do
simulations, why not have residential do simulations as well.
Coin. Auerbach said that he proposed through the General Plan update, to require the story poles
for residential and the simulations for business developments.
Relative to the timing, Com. Wong said that because of the holiday season, he supported the
decision of the Community Development Director for the timeframe suggested
December/January for the survey; February for planning and March for the City Council. Relative
to the process, he said that communication needed improving, and suggested adding a press
release for the surveys. He said the quality of life is important for the community. He said his
interpretation of the General Plan is that it does want growth, but responsible growth, and a lot of
input from the citizens. Coin. Wong said he concurred with Com. Auerbacb about light rail that
VTA does need some type of density, it could be at Heart of the City where high density already
exists, or Vallco as it develops, Hewlett Packard property, or the Oaks, but he said the
infrastructure bas to be there in order to bring it. If you build it, tbey will come. Ite said tbat he
felt it was moving too fast, and more input from the community was needed.
Com. Saadati said that at the community congress about a year or two ago, residents said they
wanted a center of town and places to go and the town center was not suitable for them. There
was also a concern about housing for the people who work in the city and housing for teachers;
such that the proposed plan, although the need for more public notification does not have a major
impact, actually softens the impact on the adjacent residential by bringing the buildings that are
furtber back from the main street closer to the street and having a lower height, which is an
improvement. Relative to level of service, population is going to grow. There is going to be
some change; there has been mention that we need to plan and that is what we should do, plan the
best we can; as far as the success of the plan, nobody can be sure in ten to twenty years it' it is
going to be successful or not; we do the best based on the past record and based on the success of
other communities and try to implement something that will hopefully work best. Also bring a lot
of input from the community which will help to make this successful. Tbe proposed area is close
to the library, city hall and center of town, and it could be suitable for the entire community to
utilize and enjoy. The developers put their effort and money in places to be successful, and what
makes them successful are the communities. He said he felt they were looking at the interest of
tbe community, not the developers. Relative to the use of the orange mesh, Coin. Saadati said he
felt the simulation or a model would be more appropriate.
Com. Saadati said tbe process needs ample time and one month will not allow enough input from
the Cupertino community; and there needs to be a better outreach program to try to reach as many
in the community as possible and bring it back early next year. Relative to traffic, two or three
proposals were received, one with two lanes and the decision was to go with three lanes because
of the concern for level of service. He said that ways to increase the awareness of the public
needed to be addressed.
Chair Corr said they have been discussing the issue for longer than a year, and have heard l¥om
previous community congresses about coining up with the downtown, and the previous
Planning Commission Minutes 28 November 12, 2002
commissioners had some discussion, and went out and saw some of the things, the urban nation,
the genesis of things, and asked where can we create something. Over a period of time we have
come up with some ideas, shared and talked about them and that shows the leadership that this
commission has taken with the staff to get this going, and sometimes it takes tile community a
while longer to get with the program and understand what it is we are talking about. He said it
was important to get the message out to people to come down to City Hall and talk abont how the
plans are going for creating what you as a city have been asking for. He said he concurred that
more time was needed to reach the community.
Mr. Piasecki suggested removing the application from the calendar.
Mr. Piasecki said to put the misnomer on the record, the City Council acts as a Board of Directors,
tile Planning Commission makes recommendations to them, the City Council initiates, and the
Planning Department does not go forth until the Council gives the word to go forward and it goes
back to a study session. The Council's buy-in is necessary before staff can go ont and talk to the
community and hold the hearings. He said he was not opposed to slowing the process, and when
the developer comes through with the project, that it continued to be reviewed, contingent on the
provisions of the plan. The applicant may have to come through and redo it if the plan does not
get approved, but he will understand those risks.
MOTION:
SECOND:
Com. Saadati moved to remove Application GPA-2002-05 and SPA-2002-01
from the calendar
Com. Wong
Relative to Com. Wong's suggestion about a press release to the community, Mr. Piasecki said
that he would investigate what it would take to send something to each household in the
community. Relative to location of the downtown village, Mr. Piasecki said that it was not a
downtown village any longer, and that they should be doing these kind of streetscapes itl the
commercial areas regardless of their location, and let the community decide what the downtown is
and what the regional center is.
Com. Chen clarified for future outreach they would continue to develop this location into a
streetscape, with all the impacts and comments addressed. Com. Anerbach said it was his
understanding that plans are to improve the streetscape regardless of whether people could call it a
downtown or not; and if desired, improve other areas such as the Hewlett Packard plans or civic
center. Com. Chen said she was still interested in looking at the different locations that have the
potential to be developed into a streetscape, and all the potential impacts and possible mitigations
to reduce the impact.
Mr. Piasecki said that the format that may be used on Vallco or along Stevens Creek next to
Hewlett Packard might be different, but will definitely be a walkable model; the buildings will
come closer to the street since more street framing is needed, although the answer is not known
which model would specifically fit those other areas; it will likely not continue on with the models
followed in the past where we want to have this kind of walkability.
Mr. Piasecki said the important thing is there are two central commercial areas, Vallco/whatever is
around it, and Crossroads, and everything possible will be done to make them two exciting
commercial areas and let tile market define what role those particular areas take on; hopefully the
economy rebounds.
Planning Commission Minutes 29 November 12, 2002
Com. Auerbach said it was worthwhile to say that if a Hewlett Packard plan comes forward, it is
held up to these kinds of standards or the kind of mini Santana Row standards already in
existence; it is what is enunciated in this document and you can use this document to say, when
you come through with a plan, it should have these elements on a different scale appropriate to
that area, and the same with the redevelopment of Vallco.
Mr. Piasecki said that a choice was not made between Vallco and the Crossroads when they were
originally developed, and they were not making a choice now. One site is not necessarily the hot
spot and the other not; it is not an either/or situation, both can be done.
VOTE: Passed 5-0-0
Application Nos.:
Applicant:
Location:
MCA-2002-03, EA-2002-15
City of Cupertino
Citywide
Amendment to Chapter 19.28 of the Cupertino Municipal Code related to single-fatnily residential
development in the RI zoning district.
Tentative City Council date: December 2, 2002
Staff presentation: Mr. Peter Gilli, Associate Planner, briefly reviewed the application tbr
revision to the R1 ordinance and related ordinances and single family residential design
guidelines. He reviewed the modification guidelines as outlined in the staff report. The
application will be continued to the next Planning Commission meeting for discussion and action.
Mr. Piasecki invited the commissioners to meet with staff o
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION:
Environmental Review Committee: Chair Corr reported that the committee is scheduled to
meet at 5 p.m. Wednesday.
Housing Committee: Com. Chen reported that the committee will meet on Thursday.
Mayor's Breakfast: Com. Auerbach reported on his attendance at the meeting earlier in the day.
He reported that Telecom had a public access forum; and on December 6 will hold the Cupertino
Outstanding Producer Award, at which time a $10,000 grant will be awarded, and invited
interested parties to attend. The Arts Commission has grants for mostly performance groups; the
Cherry Blossom Festival organization is underway; Teen Commission report; report on public art
on lawn display; the library will be closed for one month for packing and moving to the temporary
library, and will reopen after a month.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Piasecki
reported that the study session with the City Council and Parks and Recreation is scheduled
November 18 at 4:30 p.m.
- DISCUSSION OF NEWSPAPER CLIPPINGS: None