PC 04-22-96CITY OF CUPERTINO
10300 Torte Avenue
Cupertino, CA 95014
(408) 777-3308
AMENDED MINUTES OF THE REGULAR MEETING OF THE
PLANNING COMMISSION HELD ON APRIL 22, 1996
ORDER OF BUSINESS
SALUTE TO THE FLAG
ROLL CALL
Commissioners present:
Commissioners absent:
Doyle, Mahoney, Chairman Roberts.
Com. Austin arrived at 6:50 p.m.
Hah'is
Staff present:
Robert Cowan. Director of Community Development; Colin Jung,
Associate Planner; Michelle Bjurman, Planner II; Vera Gil, Planner II,
Carmen Linaugh. Public Works; and Charles Kilian. City
Attorney.
APPROVAL OF MINUTES:
Minutes of the.4pril 8, 1996 meeting:
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Mahoney moved to approve the April 8, 1996 meeting minutes as
presented.
Chairman Doyle
Com. Harris
Passed 4-0-0
WRITTEN COMMUNICATIONS: Chairman Roberts noted an addendum to meeting
documents and several magazines.
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
ARCHITECTURAL REVIEW
Application No.:
Applicant:
Property Owner:
Location:
5-U-77 (Mod.)
JM Consulting Group
John Vidovich
2040 l Stevens Creek Boulevard
Administrative approval of a minor use permit modification to install antennas on the roof of an
existing building with a recommendation tiom the Plenn'mg Commission in accordance with
Chapter 19.132 of the Cupertino Municipal Code.
April 22, 1996
Planning Commission Minutes
Staff presentation: Mr. Colin Jung, Associate Planner, reviewed the background of the
application as presented in the attached staffreport. Ret.emng to an overhead of the site plan, Mr.
Jung illustrated the location of the antennas at the back of the building roof which allowed limited
to zero visibility liom Stevens Creek Boulevard, but greater visibility t~om the rear parking lot.
He explained that the antennas had to have a view of the street to service the units, and required
additional height tbr that purpose. Staff' recommends Planning Commission concurrence on the
approval of the application in accordance with the model resolution.
Ms. Suzanne Hook, representing Pacific Bell Mobile Services, So. San Francisco, stated she has
been working with staff to move the antennas back f~om the parapet to minimize the visual
concern communicated by stall: She said she concurred with the staff report.
In response to Com. Doyle's question, Ms. Hook explained that the antennas were line of sight
type and the antenna had to be mounted on a pole so that it clears the roofiine and views the
coverage along Stevens Creek and DeAnza Boulevard. She said that coverage would not be
received fi:om the antenna if the view is not in range. Referring to the photo simulation, Ms.
Hook illustrated the profile of the antennas.
Ms. Hook explained that the original design consisted of shorter antennas on the parapet in three
separate areas of the building, providing 360 degree coverage. She said that staff suggested that
the antennas be set back In the rear of the building clustered together so that they wouldn't be as
visible.
Com. Doyle suggested that in the future when there is a project of multiple antennas, they be
presented as one project.
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Austin moved to approve Application No. 5-U-77 according to the model
resolution.
Com. Mahoney
Com. Harris
Passed 4-0-0
ENVIRONMENTAL DE'I IzRMINATION: Categorically Exempt
PLANNING COMMISSION DECISION FINAL UNLESS APPEALED
PUBLIC HEARING
2. Application No.:
Applicant:
Property Owner:
Location:
Historic Preservation Ordinance and 4-EA-96
City of Cupertino
Same
City. de
Consideration of creating a historic preservation ordinance.
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNCIL HEARING DATE: May 6, 1996
CONTINUED FROM PLANNING COMMISSION MEETING OF APRIL 8, 1996.
Staffpresentation: Ms. Michelle Bjurman, Planner I1, explained that the item was continued fi:om
the March 11 Planning Commission meeting to allow staff to research additional information on
3 April22, 1996
Planning Commis~ten Minutes
how the proposed ordinance related to other cities' ordinances, to strengthen and reduce the
number of findings for economic hardship, to clarit~ the proposed historic preservation process,
and determine the benefits of becoming a certified local government.
Ms. Bjurman reviewed the process for designating historic sites and districts, which included in
part: creating a historic resource list; introduction of a valuation system into the second draft of
the ordinance which allows staff to rank the value of historic resources to make future
recommendations on historical resources; and initiation of a public hearing;
Ms. Bjurmen reviewed the comparison of Cupertino's ordinance to other cities' ordinances in a
variety of areas. She indicated that the areas examined included the conformance with State
preservation guidelines. She said that all had a separate Historic Preservation Commission with
the exception of Morgan Hill. All with the exception of Milpitas, Monte Sereno and Saratoga
required a historic preservation overlay zoning and only 6 were certified local governments; and
one required interior modifications to be reviewed. Staff is not recommending that mandato~
confon-nance with the State preservation guidelines be requi~ed when comparing them to the
separate Historic Preservation Commission, and not suggesting that it create a separate Historic
Preservation O~dinance, but thai staff go through the ranking system, identify a value and then if
an addition is proposed in the future, it require that a historian make recommendations to staff for
the changes.
Ms. Bjurman said staff recommended zoning of the property H; and suggested that it not pursue
the Certified Local Government Process primarily because it was onerous with all its
requirements. Stuff suggests that the draft ordinance remove the requirement for interior
modification review.
Ms. Bjurman explained the four distinct treatments of historic properties as outlined in the
attached staff report.
Com. Mahoney requested clarification on the ranking system. Ms. Bjurman explained that staff
would work with the Historical Society to come up with a checksheet for them to use under the
three categories of architecture, history and environment. Based upon their experience, they
would rank the value of each of the categories, and ultimately the end ranking would indicate that
the proposed building is very significant as far as a method of construction, as an example.
Therefore any future decisions would be focused only on the method of construction vs. all other
approaches.
In response to Com. Doyle's comment about most communities having a separate Historic
Preservatioin Commission, Mr. Robert Cowan, Director of Community Development, explained
that presently there were 16 buildings on the resource list in Cupertino's General Plan and it could
double based upon the work of the Historical Society and staff He said that the likelihood of
having a constant flow of activity was remote and did not warrant another committee to do the
work.
Mr. Cowan expressed concern about the potential fra~mnentafion of the planning process if there
were separate committees working on different aspects. He said he preferred to have the Planning
Commission act as an umbrella to examine the issues involving planning. The ASAC wcts
disbandedJbr that reason, and the trend in this community is to try to consolidate committees.
4 April 22, 1996
Planning Commission Minutes
In response to a question fi.om Com. Austin, Ms. Bjurmma said that the members of the Historical
Society would be able m respond m how the list was determined.
Ms. Bjurman clarified that the five items listed on Page 2-3 of the staff report were items that
warranted discussion and resolution at the meeting.
Chairman Roberts said he was unclear if the Planning Commission proceeds with its own
guidelines on registration, how the property owner enters into deliberations and how does that
differ compared to the state registration?
Ms. Bjurman explained that the property owner would participate through the designation process,
only to the extent of being notified that their building is of historic significance and that in the
furore if they propose to make modifications to the site or to the building, that additional review
may be required., e.g. providing a historic preservation report and recommendations on what they
can and cannot do based upon the standards of review and the Secretaw of Interior standards. The
difference between that and die state is that at the state or federal level they will not begha
processing an application without property owner participation.
In response to Com. Doyle's question of how the property owner benefited fi.om the designation
as a historic site, Ms. Bjurman said that the Mills Act process and a variety of other processes at
the state or federal level provided some benefit, in that the city can help the property owner to
gain funding and so forth to do improvements, as well as get decreased tax exemptions for the
Mills Act. She pointed out that at the local level, Cupertino does not offer anything at ttds time
for designated properties.
Mr. Cowan pointed out that a tangible benefit in terms of the building code is that the property
owner has the option of using the earlier codes as opposed to the new codes, which could be of
benefit in terms of constxuetioa costs.
Chairman Roberts opened the meeting for public input.
Ms. Mary Lou Lyon, 879 Lily Avenue, commended Ms. Bjurman for her work on the ordinance.
Ms. Lyon indicated that she suggested last fall that the city should have something on the books
for historic heritage preservation. She pointed out that it is an honor to be on the national register,
and it automatically puts the property on the state register. She said there are various buildings in
the county that ate on the national register, and emphasized that Cupertino needs to direct its
attention to the importance of having historical things. She urged the Planning Commission to
approve the ordinance.
Com. Austin asked Ms. Lyon what her m'commendmion for the fiiteen Cupertino sites would be
in light of the four different categories: preservation, rehabilitation, restoration or reconstruction.
Ms. Lyon responded that Ms. Bjurman's recommendations would suffice and that the middle road
choice is the most practical one. She commented that at the Palace Hotel in San Francisco, the
Garden Court room, not the hotel, is on the National Historic Register. She said that Cupertino
did not have as many old buildings as Santa Clara and Los Altos. Ms. Lyon highlighted the
DeOro House and said many community members are supportive of its history and importance to
the community. She said that as a historic designation, the properly owner can avoid complying
with certain updated regulations, such as not having to conform to handicap access, etc.
Planning Commission M/nutes 5 April 22, 1996
Mrs. Frances Bush, 10712 Larry Way, said she was an active member of the Cupertino DeOro
Club since 1954, an active three year member of the Cupertino Historical Society, and serves as a
museum volunteer, as well as assists Henrietta Marcotte and Mr. Bush with the traveling museum.
Mrs. Bush said that her loyalties were in two places. She said she had empathy for, and an
understanding of, the need for a historical ordinance; however she felt it should have been in
place long ago and not suddenly this year causing the DeOro Club to be a victim of community
criticism. She pointed out that most of the ladies of the DeOro Club felt very resentful that an
ordinance with its roles and restrictions could be put in control of the private property when its
application was instituted last fall. She said for months the club has been like a mouse being
taunted by the cat of outside powers. Mrs. Bush said that the DeOro Club would have graciously
complied had these guidelines been in place. A letter in 1993 fi.om the Cupertino Historical
Society board signed by both the city and the historical board did not proceed with any action.
She clarified that when the Historical Society position was mentioned during recent proceedings,
it was not the voice of all board members, as business is not conducted in open social meetings.
The board does the controlling according to the bylaws, not the members at their social gatherings.
In response to Chairman Roberts' request for clarification, Ms. Bjurman referred to Page 2-31
which listed the General Plan historic sites and community landmarks. She noted that corrections
were reflected in the May 5, 1993 letter, which appeared on Page 2-33 of the staff report. Also
provided were additions to the lis~ which are on Pages 2-35 and 2-36 of the staffreport.
Ms. Doris Hijman, 23311 Mora Glen Drive, Los Alms, member of the DeOro Club, and a
member of the Historical Society, stated it was encouraging to learn that the private owners of
historical properdes are being considered. She said that private owners should be encouraged to
preserve and m~intain the few remaining historic buildings in Cupertino; updating and perhaps
making additions, preferably following the National Preservation guidelines. She pointed out
however, that they should also have the right to accept or refuse designation as set forth in the
rules of the National Preservation Guidelines. Ms. Hijman que~oned if it was necessary for the
City of Cupertino to impose arbitrary desi,gnation and zoning, and to, quoting fi.om the ordinance,
"such further controls and standards as the City Council or the Planning Commission finds
neeessa~j or desirable..." She said that the costs and hands-on labor involved in maintaining
historic buildings are considerable. If the property owner is not to get full economic and use
benefit, is the city prepared to provide funds for this purpose? She expressed concern about the
major role that the Cupertino Historic Society seems to be designated to fulfill in this process, and
questioned if some other organiTations, commissions or private owners should not be involved in
the designatiun process? She said that it seemed the only role that a property owner could play is
after a property has been designated and they can appeal the designation, is some other way of
listing properties, designating properties without necessarily giving the major role to the
Historical Society.
Mr. Jeny Stevens, 10566 E. Estates Drive, said it appeared that the DeOro Club was on one side
and the Historical Society on the other, and in the middle the formation of an ordinance covering
what he thought was just a few structures, but perhaps many are being added. He recommended
photos be provided for the discussions so that the audience and participants would know what was
being discussed. He said the only picture he has seen is that of the DeOro House and that was a
part of their discussion and not a part of the ordinance. He pointed out that in the listing, there
was a foundation or remnants thereof, stating he was curious to see the ranking. He suggested
that the Historical Society provide the photos as they had a stake in the process and could point
Planning Commission Minutes
6 April 22, 1996
out what they were recommenffmg.
considerably.
lie said he felt it would help the process and him
Ms. Stevens said that his second area of concern was already being documented clearly. He said
he read the ordinance, and the County, the State, and the words "designated" and "listed" seem to
be of importance. He pointed out that the federal standard and the state standard utilize these
words and differentiate between them. He said he felt "designated" was the historical concept,
but to list it is the fight of the property owner and how that is applied. Mr. Stevens suggested that
if there is an ordinance that portion be included because both state and federal have included it.
Mr. Charles Newman, representing the Cupertino Historical Society, stated that the board has
designated a committee of three people to address the ordinance which is before the City. The
committee wants to provide input on the current list of the designated sites felt to be womhy of
special consideration, lie noted that the list included in the staffreport is about 2 years old. He
said the commi~Ien has instn~ed the executive director to proceed with compiling a current list
and to further provide information on each of the sites. Mr. Newman said it was their goal to
have something as was stated by the previous speaker to be able to show photographs and other
reference tools that would be helpful in the review process.
Mr. Newman stated that the second concern of the committee in reading the ordinance is that the
responsibility for reviewing the applications presented to the City in other communities is before a
Heritage Preservation Commission. The first reading of the draft concluded that for Cupertino, it
may be advisable to have either a special commission for that purpose or a committee.
Mr. Newman questioned how the ordinance would be eppUed to the DeOro Club's application?
He said that the Society has taken a position in opposition to the application of the Cupertino
DeOro Club and the concern is that the application is more than insiLmificant in that it involves
the demolition of 1/4 of the wall area and the cons~'action of a new 10 foot addition. He
questioned if the proposed ordinance was specifically applied to the application of Cupertino
DeOro Club, what would be the conclusion? If, as staff recommended to the Planning
Commission at the last meeting, that the application go forward, then it may be that the ordinance
should be modified to address specifically what is considered to be one of the most historically
siEnifieant structures in our comm~mity. Mr. Newman said that the various types of approach
have bean discussed and it may be alJiJ, opfiate in the instance oftbe DeOro Club to consider more
preservation than a permit modification for practical use.
Mr. Newman said in conclusion, the ranking system which was not addressed at the Society's
committee, probably has significant merit in the sense you can clearly distinguish which of the
few properties are left in the community that stand out and are worthy of special consideration.
Chairman Roberts asked Mr. Newman, as representative of the Historical Society, how would he
envision this interrelationship illusWated on the matrix where the staff confers with the Historical
Society and collectively completes the value.
Mr. Newman responded that the process has been ongoing for some time. The Historical Society
is the historical society in the community and has had good dialog with the staff over the years.
This community has not had a historical preservation ordinance as there was not a need, but now
the need exists and it is timely. He said that the Board of Directors would make the policy
decisions and staff could interact with the designee, not a membership of over 300 individuals.
7 ApriI22,1996
Planning Commission Minutes
Chairman Roberts dosed the public input portion of the meeting.
A discussion ensued wherein the Planning Commissioners reviewed the discussion points outlined
on Page 2-3 of the proposed ordinance.
Ms. Bjurman reviewed the designation process: (1) Begin with the expansion of the General Plan
list and the separate Historical list; (2) Prepare the ranking; (3) Begin a public hearing to in fact
designate it and compare it to the criteria created; and (4) Rezone the property. Ms. Bjurman
said that the Planning Commission would be responsible for the final designation tkrough
consultation with the historical society and star[ etc. through public input. The Historical Society
through staff would make a recommendation to the Planning Commission and the planning
Commission would be the decision maker.
In response to a question from Com. Mahoney, Ms. Bjurman said there was nothing contained in
the ordinance that would alter or change the decision already reached on the DeOro Club. She
said that the only thing remaining was the ranking system and staff did not know the outcome of it
or if additional information from the historian would be require& She pointed out that the
ranking system is only used as a guide.
Addressing the question raised by Mr. Stevens about the difference between "designated" and
"listed", Chairman Roberts asked City Attorney Kilian if the tenus were being used, and if there
was a difference in meaning?
Mr. Charles Kilian, City Attorney, explained that "designation" has a specific legal meaning;
meaning all the roles you are adopting would apply to this particular property if it was designated.
"Listing" refers to something that has already been done or is done concerning the federal or state
government. He said that designation is the legal impact.
Com. Austin suggested the formation of a committee to help develop the ranking system and do
the groundwork. She said she felt that there should be a Historical Commission, at least
temporarily until the job is complete. She said she felt the Planning Commission were not
experts and the committee could make their presentation to the ?lanning Commission.
Mr. Cowan asked the Planning Commission if they would consider a special subcommittee of the
Planning Commission to do the initial work. Com. Doyle answered yes, with a Plmming
Commission representative on the subcommittee. Com. Maboney said it was a topic worthy of
discussion. Com. Austin stated yes, with the two members perhaps being Plarmlng
Commissioners.
A lengthy discussion ensued wherein the Planning Commission discussed the following issues:
1) Whether or not to establish a Historic Preservation Committee, on a formal basis.
Mr. Kilian pointed out that any Historical Preservation Committee would be subject to the Brown
Act; would require an agenda; would have to provide much of the proceedings or hearing
process that the Planning Commission would require; even if it were ad hoe it would be a formal
committee and have to have an ordinance. He recommended that the committee be established by
ordinance.
Pla~ming Commission Minutes g April 22, 1996
Mr. Kilian pointed out that the Historical Society is not a public agency and would not need to
meet with an agenda, although they do. He said that the only thing that would avoid agendas and
compliance with the Brown Act would be a less than a quorum of a Planning Commission; they
could meet as a committee without having an agend~
Com. Doyle said he felt a Historic Preservation Committee should be established and it should be
public. Com. Mahoney said he was in favor of a Historic Preservation Committee, but felt that it
need not be a permanent committee. Chairman Roberts said that pointed'back to the City
Attorney's point that the group would begin as a working group, but would have to have an
agenda. Com. Austin questioned if the Planning Commission should be involved or not.
2) Removal of the requirement for public review of interior modificatiorr
Chairman Roberts explained that the survey indicated other dries had difficulty removing the
requirement, lie added that it did not preclude Cupertino from considering interior modifications
if they felt it was a major issue.
All Commissioners agreed with staffrecommendation to remove the requirement.
3) Is there a benefit to becoming a Cert~ed Local Government?
There was consensus from the Commissioners that it was not worthwhile to pursue becoming a
Certified Local Government. All supported staff recommendation.
Ms. Bjurman explained the process followed in Los Gatos, Los Altos, Palo Alto and Santa Clara,
cities that became cert~ed. She stated that had extensive public information programs m the
communities with publications available to the public.
4) Is the ranking system helpful?
Chairman Roberts questioned if the City would like to have a ranking system of this kind; and if
so, did it need major overhaul or can focus be on what is presented?
Com. Austin stated she was in favor of the ranking system; she pointed out that it needed fine
tuning and could be a part of what the ad hoc committee could address.
Com. DOyle said he approved the ranking system, stating that it should be a part of the Planning
Commission approval with public input as to how to create the final scoring. He said that the
staff approval for modifications should not be a part of it from the start. There is agreement on
the ranking system to be put in place, but not necessarily agreeing with staffhaving the ability to
modify those traits without planning Commission approval.
Ms. Bjurman clarified that there were many ways to formulate the ranking informaiion. She
discussed the City of Monte Sereno's policy.
Chairman Roberts said that as it stands, the ranking system is an integral part of the ordinance;
therefore changing the ranking system would require revising the ordinance. Com. Mahoney
pointed out that it is not a ranking system yet. A ranking system implies that you axe going to add
up the numbers and have cutoffs; fight now it is merely a list of thctors. He suggested putting
them in an appendix without changing the ordinance.
Planning Commission Minutes 9 April 22, 1996
Ms. Bjurman questioned if the appendix could be modified without a public heating. Mr. Cowan
responded that a separate minute order would be required.
Discussion ensued wherein Mr. Kilien stated that it was the intent of City Council to have at least
the ordinance up to the Council level in time for the May 6 hearing on the DeOro Club
application.
Com. Mahoney said he was in favor of it, and would not want to give it an element of tbrmality
by including a new ordinance. He said he felt the ranking system was helpful, the factors were
good. He said he did not want to see a formal structured weighting system with threshold plan
because he had seen artificial ranking factors.
Chairman Roberts said he concurred with Com. Mahoney; he was in favor of the idea of the
framework, but was fearful that if it is formalized, it would place too much weight on it. For that
reason he said he felt comfortable with it as an appendix to the ordinance, but if it were built into
the ordinance in an integral way, it would just attract too much attention to it.
Following a lengthy discussion about the ranking system, Mr. Cowan summarized that to bring
closure to the issue, the Planning Commission could issue a statement that simply says it will
develop an informal set of guidelines to assist in the designation process and then let there be a
separate process for the subcommittee to develop.
5) Discuss whether preservationist or rehabilitation approach is appropriate.
Com. Doyle said he preferred preservationist, but it is too restrictive on the owner and provides
very little benefit for that owner or very few tradeoffs for that persom He said there needs to be a
way to encourage the people to want to become preservationists, and without having may way of
doing that should be much more down the path of the rehabilitationists.
Chairman Roberts said it depends on how those words are defined; but out of the 4 alternatives
given, rehabditation has been referred to as the middle of the road, but actually is the least
protective. He said that as he looked at the definitions of restoration and reconstruction as they
entail more than preservation; they entail recreating. Therefore, rehabilitation is the least to do
and if the aim is not rehabilitation, there might not as well be an ordinance. He said he would
prefer a version of rehabilitation that is as close to preservation as practical.
Com. Doyle questioned what the other cities did for promotion of preservation vs. rehabilitation.
Mr. Cowan explained that from his experience, it depended on the structure. If it was an
important cormnercial structure downtown, the rules could be vex), strict, namely to literally
preserve the building as it was built in the 1860s or whenever it was built. Other buildings not as
significant, such as residential districts, the primary emphasis in those neighborhoods might be to
maintain the architectural character; allowing adding significantly to the building although there
are FARs. If part of the building is torn down, it has to be rebuilt; plastic materials cannot be
used. Fie indicated that it was determined on a ease-by-case basis. He added that a great deal of
discretion is given to the Historical Committee.
Planning Commission Minutes 10 April 22, 1996
Mr. Cowan reported that a tax credit is oft~red as an incentive also. He said that there is a
preservationist attitude in the community with a great deal of pride in the neighborhoods that are
designated, and the neighbors like the idea that the neighborhood is being protected.
Following a lengthy discussion, Corns. Austin, Doyle, and Mahoney stated that they were in favor
of rehabilitation.
Com. Doyle that that although he would prefer it to be preservafiouist he could not support it. He
noted that the Planning Commission shouldn't be the ones responsible for inflicting pain upon the
community with severe restrictions without having some means of tradeoff.
Chairman Roberts recalled an earlier Planning Commission decision stating that there was a
balance between preservation and rehabilitation, and the application was approved with the
thought of sustafining the vitality of that organization who has shown that their willingness and
ability to preserve the building in a manner that reflects well in the community. If they had
wanted to rehabilitate the whole building, a different decision might have been rendered.
Com. Mahoney questioned if the group was in agreement with the first set of words
'acknowledging the need to alter or add to".
Com. Austin said that she would be in favor of it if the word "preserving" was used. Chairman
Roberts said if it made a difference, he would prefer to substitute "preserving" for "retaining".
Corns. Mahoney and Doyle concurred.
6) Consider the particular age of buildings to be protected and in so doing, refer to an aspect
of the rating scale which is delineated with actual dates.
Chairman Roberts questioned if the issue of age is more important than the other categories to
highlight. Com. Austin said that age should not be the sole factor, it should have some
architectural or historical significance. Com. Doyle concurred that age should not be the sole
factur. Com. Mahoney indicated that it should be a factor to consider.
Com. Doyle questioned if there would be support for modifying the ordinance to two levels -- a
listing and a designation.
Chairman Roberts said it was his understanding that the designation is the process and the list is
the result.' Mx. Kilian concurred, but said that the trmis could be defined in any manner. He said
he was not sure what the listing would accomplish it'it didn't carry uny legal significance. He said
it was arbitrmy to have one list and have everything outside the list
Ms. Bjurman summarized that there was consensus to create a temporary l-listodc Preservation
Committee that would be used for the initial designation and creation of guidelines for staff to do
the ranking system, and the guidelines would come back to the Planning Commission for final
approval. The Historic Preservation Committee would be used to expand the Historical Society
list and the General Plan list. They would also work with staff to develop and complete the value '
ranking system which would be used to designate properties and make recommendations.
Com. Mahoney claritied that that the committee and the volunteer work would be utilized to
nominate properties to be designated.
Planning Commission Minutes 11 Apti122, 1996
Mr. Cowan suggested that staff return with a proposal for the committee, what it will consist of,
and how it is going to be staffed.
Chairman Roberts suggested that a two stage process be considered, beginning with a decision
frmnework.
Ms. Bjarman summarized that there was consensus to remove the interior modifications because it
was too onerous. Certified Local Government is of no benefit at this time; it may be revisited in
the future. For the ranking system, guidelines are preferred vs. an appendix or part of the
ordinance bm we do want it to be a formal process or ranking; however, the details about the
actual rating method should be further worked out by the Historic Preservation Committe~,
focusing on the dates built in, and some question about importance of age. There was consensus
to focus on rehabilitation, as the ordinance is currently drained and a preservation approach is not
what is in the ordinance today.
Ms. Bjurman clarified that the wording change discussed for Page 2-2 was not in the ordinance,
and it is only a definition. She said that the only words that relate to preservationists and
rehabilitation are generally that it says you may follow the standards provided by the Secretary of
the InteaSor. She suggested working with an architect with historic background so that the wording
is not included.
Mr. Cowan suggested that the wording on Page 2-5 (19.82.010 Part)ese) be enhanced to
incorporate that condition.
Com. Maboney stressed the importance of having an ordinance that is not ambiguous and the
people can understand.
Staff confirmed that the lang, mge on Page 2-2 relating to rehabilitation will be incorporated into
Section 19.82.010. Definition of "preservation" on top of Page 2-7 will also be clarified. Ms.
Bjurman stated that when the ordinance is presented to City Council, Pages 2-8 through 2-10 will
not contain any ranking; there will be reference to staff creating guidelines in the futare as part of
this Commission and subcommittee. She reiterated that on Page 2-8, under Item (c) Mr. Cowan
suggested wording earlier in the meeting.
Mr. Cowan summarized that the Planning Commission will outline for the City Council the five
actions taken, provide the ordinance smd follow through with a minute order.
MOTION:
SECOND:
ABSENT:
VOTE:
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Maboney moved to approve the negative declaration for 4-EA-96
Com. Austin
Com. Harris
Passed 4-0-0
Com. Austin moved to approve the draf~ preservation ordinance including
modifications discossed
Com. Maboney
Com. Harris
Passed 4-0-0
Planning Commission Minutes 12 April 22, 1996
Application No.:
Applicant:
Property Owner:
Location:
3-U-96
W. G. Withelder (Peacock Lounge)
Robert Pollack
19980 Homestead Road
Use Permit modification of an existing drinking establishment to include food s~vice and to
allow the expansion of the facility into an existing storefront containing approximately 1,150
square feet. The mating for the expanded facility vdll increase from approximately 41 to 65.
ENVIRONMENTAL DETERMINATION: Categorically Exempt
PLANNrN. G CO_MMISSION DEC1SION F _INAL UN~I~SS APF!SALE_D
Staff presentation: Thc video presentation reviewed the application to expand the Peacock
Lounge 'into an adjacent tenant space and to allow the sale of light lunches and snacks to
customers. Approval of the expansion will increase the lounge by 1,150 square feet for a total of
3,255 squ~e feet. Applicant Withelder plans to use the extra space for darts and shuffleboard,
enlargement of the kitchen and addition of 24 mats. There are no plans to expand the bar area.
The Sheriffs Department indicated no concerns with respect to the application. Staffrecommends
approval of the application.
Referring to an overhead, Mr. Cowan illustrated the Oakmont Shopping Center and the location of
the present site and the proposed expansion. He stated that the issues involved comments from
the Sheriffs Department and parking requirements. The shopping center presently has a 12 space
parking deficit and the expansion will increase the deficit to 20 spaces,
Referring to a chart, Mr. Cowan clarified the basis for defining parking deficiency. He noted that
the general commercial ordinance would be discussed later in the meeting. Mr. Cowan pointed
out that there has not been a parking problem in the shopping center and the reduction is not
significatu.
Corns. Doyle and Austin had no questions,
In response to Com. Roberts' question. Ms. Bjurman explained that the building on the comer of
Blaney and Homestead is an existing 5,000 square foot general commercial center with about 5
different ~ users. She said that it has its own parking area directly out front and it does meet
code. There is not currently a parking agreement between the two property areas.
Mr. Genoa Witheldcr, Co-owner of the Peacock Lounge, stated that most of the business was after
happy hour (6:30 p.m,) through the course of the evening. He said that the shopping center is
never impacted fully at one time. He explained that the food service plans would constitute
lunches, light snacks in the evening and occasional holiday dinners, with no plans to be a
restaurant serving dinners 5 nights a week.
Mn', Withelder requested clarification on the entertainment limitation contained in the proposed
resolution. He explained that the site had a jukebox, but that the operation did not include live
entertainment,
Mr. Cowan pointed out that the present establishment was in place before the use permit
requirement for drinking establishments and is an unregulated establishment. The current
application will provide the Planning Commission the opportunity to ensure that all the
1996
Plamng Commission MLuutes
operational considerations are defined. Following a brief discussion, there was consensus to
amend the limitation to read: "No amplified or live entertainment" is approved. The Planning
Commission confirmed that the entertainment restriction did not include the jukebox.
Mr. Cowan noted that the indoor seating capacity should read 6l, not 65. Applicant stated he had
no objection to the correction.
Mr. John Staten, Cupertino Chamber of Commerce, stated that the Chamber supported the
application. He noted that there was no parking problem in the shopping center.
MOTION: Com. Doyle moved to approve Application No. 3-U-96 with modifications of
seating at 61, modification to the wording regarding the entertainment
SECOND: Com. Austin
ABSENT: Com. Harris
VOTE: Passed 4-0-0
Mr. Cowan noted that the action was final unless appealed within 14 days.
Chairman Roberts declared a recess at 9:00 p.m. Upon reconvening at 9:15 p.m. the same
Planning Commissioners and staff were present.
4. Application No.: Parking Ordinanc,~ Amendments and 1-EA-96
Applicant: City of Cupertino
Location: Citywide
Zoning amendments to Chapter 19.100 of the Cupertino Municipal Code regarding parking
standards.
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
IENTATIVE CITY COUNCIL ttEARING DATE: May 20, 1996
CONTINUED FROM PLANNING COMMISSION Mlzt~ 1 tNG OF FEBRUARY 26, 1996.
Staff presentation: Ms. Vera Gil, Planner II, reviewed the background of the item as outlined in
the attached staff report. She noted that concern has been expressed by residential and
commercial developers that the City's parking standards are too restrictive. Using the overhead,
she reviewed the matrix of the proposed amendments to the parking ordinance (Exhibit D).
Ms. Gil reviewed the current and proposed requirements for residential clustered RI, commercial,
mullet-family (R.3), shared parking and landscaping standards. StatIrecommends approval of the
amendments to Chapter 19.100, Off-Street parking Regulations as shown in Exhibit A.
Ms. Gil stated flint the landscape standards were in the Stevens Creek Plan, and required surface
parking lots to be planted with shade trees at a ratio of one tree for every 5 to 10 parking spaces.
In response to a question from Com. Doyle, Ms. Gil stated that if a developer wanted to use less
than required spaces, the developer would have to go to the Planning Commission to get an
approval for a variance.
Mr. Cowan explained that most of the commercial establishments In Cupertino are located in a
Plmmed Development (PD) zone and the amended parking ordinance would serve as a guideline
Planning Commission Minutes
14 April22, 1996
in the case of commercial districts, because the vast majority of commercial districts are PD, and
the ability exists to deviate f~om the standards.
Ms. Gil clarified questions about the requirements for fast food establishments end bicycle
parking as outlined in the matrix presented. She stated that the ordinance would clarit~ the
proposed requirement for bicycles.
In response to Com. Austin's question about the 10% requirement for bicycle parking, Ms. Gil
stated that 10% was not excessive, and noted that several agencies axe considering imposing as
much as 20 to 30% restrictive requirements on multi-family units.
Mr. Cowan explained that the parking ordinence was being amended to allow some additional
flexibility for property owners to expend end still meet the parking standards, based on a reduced
rate. He noted that the parking standards were based on the peak Christmas period.
Parking spaces for compact cars was briefly discussed. Mr. Cowen indicated that the requirement
for normal size cars could be increased.
Chairman Roberts opened the meeting for public input. As there was none, the public input
portion of the meeting was closed.
Com. Doyle stated that he did not agree with the fundamentals of the five changes end did not feel
they should be changed. He explained that for residenfal clustered, the 2.5 spaces per unit were a
threshold, and variences have been granted when appropriate. He noted that future development
would necessitate the need for extra spaces. Com. Doyle said he felt the 1 space for every 200
square feet of commercial space was appropriate. He pointed out that secured covered areas
would be ideal for the bicycle parking. He noted that further review of the shared parldng was
needed for a better understanding.
Com. Doyle said that the landscape standards of 1 tree for every 5 to 10 parking spaces was not
appropriate and he felt there should be more greenery than parking spaces. He suggested that a
more detailed review of the lendscape standards be conducted. He said he did not support the
ordinance.
Com. Austin said she felt the current parking standards were too restrictive and favored the
proposed amendments to the parking ordinance. She said she felt that the landscape standards
were apprOpriate.
Com. Mahoney said the ordinance could be modified. He said he would like to trade off spaces
for lendscaping and spaces for potentially less compact cars. He approved of commercial; agreed
with Com. Doyle on multi-family for bicycles; covered storage was appropriate; shared parking
appropriate; relative to the residential issue: he said he felt it would swing too much the other way
to not take into account the size of the unit at all now.
Chairman Roberts said the proposal had merit and would like further discussion, especially as the
detailed requirements were submitted too late for a comprehensive study. I-Ie said he was
reluctent to approve the go-ahead. In residential cluster it seems there are a lot of exceptions
which suggests modifications are needed so that the ordinance reflects reality. He said he was
adverse to waiving the dependence between the parking requirement and the size of the dwelling
~ri122, 1996
Planning Commission Minutes
unit. He suggested that the one space per bedroom be mended to 1/2 space per bedroom so that
a 3 bedroom unit would be 3-l/2 rather than 4-1/2.
Chairman Roberts noted a disparily in the commercial category. He said he was under the
impression in terms of land utilization that the City is holding back business by requiring
excessive parking. He said he was willing to relax the requirement but would fie it together with
some situation of the mix of size spaces and the mount of space devoted to landscaping. He
approved of the bicycle requirements; relative to commercial and residential, he said the need
exists to stipulate more than the number of spaces in order to make it useful. He said there was no
point in devoting space to bicycle parking if it is not conducive to today's bicycles. Chairman
Roberts said he approved of shared parking. He said he concurred with Com. Doyle's direction in
devoting more attention to landscape requirement for commercial and residential properties,
differentiating between the two according to the size of the parking area, etc.
Com. Doyle said that he did not see merit in some of the positions taken. He said in reality the
Planning Commission would continue to see the exceptions presented because in almost all cases
that is the limiting situation, there are no FAR limitations.
Chairman Robeas stated that the current General Plan allows higher levels of density than
previously and when built om there may be more overlap with parking from one overflow area.
Mr. Cowan pointed out that in some downtown areas, such as Palo Alto and Los Gatos, the
parking ratio is extremely high. He noted that comparison data was being collected from
suburban shopping centers, not the downtown areas.
A brief discussion ensued wherein Mr. Cowan answered questions about parking ratios.
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Mahoney moved to continue the parking ordinance Item No. 1-EA-96
to the May 28, 1996 Plarming Commission meeting.
Com. Doyle
Com. Hards
Passed 4-0-0
Application No.:
Applicant:
Location:
Amendments to Chapter 19.108 - Television and Radio Aerials
Ordinance Amendments and 6-EA-96
City of Cupertino
Citywide
Amendments to Chapter 19.108, Television and Radio Aerials of the Cupertino Municipal Code,
related to expansion of definition to include other wireless communication facilities, location,
siting design and other related subjects to be determined by the Planning Commission.
ENVIRONMENTAL CONSIDERATION: Negative Declaration Recommended
ri~NTATIVE CITY COUNC1L HEARING DATE: May 20, 1996
Stall' presentation: Mr. Colin Jung, Associate Planner, referred to photo images of various
locations in Cupertino illustrating different types of aea-ials utilized in the area, including small and
large satellite dishes, whip antennas, wireless modem connections, and towers. He referred m
Exhibit A which illustrated the wide variety of cordless devices used.
Pl~sming Commission Minutes
Mr. Jung explained that the ordinance addresses the stationary aerials, which are not portable and
often need building permits. He said that the purpose of the hearing was to begin the orientation
to become more informed of what staff is attempting to do, and at the conclusion of the item are
able to provide staff with additional input and questions to develop more inibrmation to help
make a recommendation on the ordinance.
Mr. Jung reviewed the features of the ordinance, including applicability of regulations, definitions,
site locations, general site development regulations, specific site development regulations, design
and siting review, application requirements, and permitting.
Mr. Jung reviewed an updated aspect of the ordinance called the concentration of towers and
detach mass (free-standing'munopolc, not attached to a building). Only one tower and detached
mass greater than 30 feet high is permitted per lot at 20,000 square feet or less; two on a lot of
30,000 square feet or more, and if there are additional requests for towers or masses of these
heights, they would need to get a use p~miit approval by the Plamming Commission. lie reviewed
the setback regulations as outlined in the staff report.
Mr. Jung explained that one new aspect of the ordinance not yet completed, was the concept of
co-location, which is the placement of more than one set of antennas on a single mass or tower.
What would be written into all the subsequent approvals for monopoles or towers would be some
language that would say the City may require co-location of other wireless providers antennas on
your facility. It is not mandated, but fxom a visual standpoint makes sense to co-locate the
antennas on the same tower. This would preserve the City's flexibility in that area.
In response to Com. Mahoney's question about exceptions to the ordinance, Mr. Jung stated that
the exceptions would be for the height. Mr. Jtmg said that the importance of stating clearly what
it is to be accomplished by the ordinance is that federal law in the telecommunications act says
that you cannot discriminate against functionally equivalent providers, lie said he did not foresee
a problem with illegal, non-conforming stmctores bemuse the ordinance is written in the way and
methodology that the slxuetures have been approved to date.
Chairman Roberts questioned if there were any implications for landscaping. Mr. Jung responded
that there was no written law requiring a neighbor to ttim thek landscaping to allow the aerial to
be more visible.
Mr. Jung noted a correction to the Federal, State and Local Regulatory Framework seation of the
staff report: The report indicated that it was a federal preemption and the City prohibits it. He
pointed out that it is a federal presumption in favor of the wireless communication facilities and
that the real testing ground is not so much that the federal government will come in and stop
things. What will probably happen is, that there is a federal presumption in favor of these
structures in that if a communications provider felt that he was given the nm around, that the City
was not acting in good faith to help them find something that was feasible in the City, that they
could take it to the courts for a ruling. It would be a legal remedy for the provider as opposed to a
federal preemption.
Chairman Roberts opened the hearing for public input.
Ms. Judy Boyle, Cellular One, South San Francisco, said she would like to offer suggestions to
help create an effective draft for the city and the carrier. She questioned Section 19.108.050
Subsection & the purpose of the different height limit for transmission and reception antennas.
Planning Commission Minutes t? April 22, 1996
For cellular, it is a line of sight type requirement and Cellular One requires a line of sight both for
mmsmission and receiving antennas and so the same height would be required for both sets of
Ms. Boyle requested clarification on the following sections of the ordinance:
Section 19.108.050, Subsection A, No. 4: What height would you measure the cross-section of
the mass and towers over 30 feet, because monopolas typically taper as you go up; which means it
might be two feet at the base, but 12 inches at the 30 foot level.
Section 19.108.050, Subsection C: Cellular One requests clarification of the 30,000 square foot
requirement regarding the number of aerials on the properly. Is it two additional at 30,000 square
feet for a total of three, or is it a total of 2?
Regarding co-location, Ms. Boyle said she was sensitive to the City's needs in requiring the
carder to co-locate, and said it was an excellent idea to have them reviewed ou a case-by-case
basis. She requested that the staff consider engineering feasibility; are the two carriers going to
interfere with each other; does one carrier require more height than the one that is on the building?
She reminded staffthat the landlord wants only one carder there at a time.
Section 19.108.080: You mentioned requesting a master plan if more than one aerial is planned
and would like clarification regarding wJthln what timeframe; Cellular One knows about a year
ahead of lime when we will be looking for a target in a certain area.
Mr. Derek Empey, GTE Mobilnel, sa/d that they think the ordinance is going in the fight direction
with one fundamental theme in mind. That is that these type of policies should have two
particular parts to them; one to discourage or prohibit what you do not believe is compatible with
the community and the other is to encourage what you do believe is a good design and promote
that through the type of flexibility that you build into the ordinance. There is an industry trend
toward concealment of these type of facilities mad a lot of creative ideas are being developed, lie
recommended in that light that the community in Cupertino address the potential for trying to
make the policy visual driven so that the aesthetic issue is the bottom line. If good design can be
created in such a fashion that you can locate sites and places never thought of before, the
ordinance should not preclude those creative options.
There are ways to include antennas inside of stmctures eliminating the need for new monopoles or
tower stmctmes. Look critically at the standards that come before you for that type of flexibility
so that you can encourage the indnstty to make good decisions and come up with creative
alternatives to some of the older designs. He said that the technology is rapidly becoming
available to us and GTE is committed to using it wherever it can. He cited a recent example
wherein panel antennas were encased into foam columns in the bell tower of a San Jose Church
which was not visible. GTE leased the property from the church and turned the revenue back to
the local area~ We suggest that these unique opportunities including non-conforming structures of
pole signs that are not part of some part of amortization schedule come down, there are ways to
include the antennas inside the structures eliminating the need fur new monopoles or tower
structures.
Mr. Empey urged the Planning Commission to look critically at the standards that come before
them for that type of flem'bility to encourage the industpg to make good decisions and to come up
with creative alternatives. Last item of concern is the acknowledgment of the unique aspects of
Planning Commission Minutes
is April22,1996
fundamentally dift'erent networks, such a the PCS and existing cellular infrastructure. The cellular
networks were developed over the last decade using a completely different elevation; they are
creating an umbrella at one height above ground level throughout a given area. The density of
sites is based on that; the overall coverage provided by each site is based on that and as the newer
sites come in and the question was asked will the overall height of these sites come down. That is
not necessarily something that will occur with existing infrastructure. If we have at a level plain
here and we have a need to fill a particular hole, if you provide a facility that is substantially lower
than the rest of the network, you do not have a good mesh with opposing sites. He encouraged
people to look at these two different types of technology with somewhat different eyes as you
look at the allowable heights. Existing cellular networks are doing infill and those facilities are
going to be few in number.
Responding to Com. Doyle's question about the process followed relative to the installation of the
antenna on the church property, Mr. Empey explained that GTE approached the Catholic Church
of San Jose and offered to lease the property fi:om them if they would allow the antenna to be
located on the church property and mm the rent revenue over a 20 year period back to the local
church.
In response to Com. Doyle's concern about alerting the public about risks, Mr. Empey said that
typically cellular and PCS facilities operate so far below the allowable standards that it is not an
issue of concern. The Telecon Reform Bill made it clear that they felt at the federal level that it
was not an issue as well.
Mr. Ray Hashimoto, JM Consulting Group, representing GTE Mobilnet, concurred with Ms.
Bush and Mr. Empey's comments relative to the erentivity mad looking at those site locations. He
said he hoped that the Planning Commission and staff would consider looking at some residential
and open space districts to provide a solution that is visually acceptable. He indicated he had
some of the same concerns about height issues and talked to stuff earlier in the evening. He asked
that the issues raised by Ms. Bush on the one vs. two additional towers be clarified. Hopefully it
would be incumbent upon the can'iers and consultants as well as staff to provide some baseline if
the carder is to provide some information about surrounding cell sites in the area of a proposed
project, because GTE does not know what Cellular One or other PCS carders are doing. Mr.
Hashimoto said he was hopeful that staff will work with the consultants and the carriers to help
provide some mapping system and catalog in the sites within the city. He emphasized his support
for the flexibility on the last page in terms of "with minimal visibility the Director can use some
discretion in terms of what things have to go before the Commission and what things can be
approved'at a stafflevel'.
in response to Com. Doyle's question abut city ordinances in place, Mr. Hashimoto said that the
ordinances vary from city to city. He said that the City of San Jose's policy is stringent and
somewhat forces co-locations. He said that the method Cupertino is using to look at it and
encourage co-locations is something that the can/ers and consultants want to work with the City of
Cupertino on. It is the goal of the carder to have something that is not obtrusive, virtually
invisible, and work with solutions within the communities.
Mr. Don Conan, 22333 Balustrol Ct., said he was a ham operator and an active member of the
Cupertino emergency radio service. He expressed concern about the confusing guidelines in die
ordinance about masts. Referring to 19.108.50, Section C - he said in his area there are no lots in
the area of 20,000 square feet but there are a lot of hams in the area and mostly on 8,000 to
10,000 square foot lots. He said there are many antennas where the residents need to use wire
1996
Planning Commission Minutes
antennas which need a support on each end of the wire antenna. He said he interpreted it to read
that two masts are needed. He requested clarification so that the hum operators could use the wire
antennas that they were accustomed to and be cognizant of the restrictions.
Chairman Roberts requested staff clarification of Mr. C onan's issues.
Mr. Jang used the overhead illustrations to explain the placement of antennas and clarify the
restrictions. He said it was clear in the content that lots with less than 20,000 square feet can only
have one mast. Following a discussion with staff and Mr. Conan, Chairman Roberts suggested
that Mr. Conan discuss the issue with staff farther to reach a solution.
Chairman Roberts closed the public input portion of the meeting.
Com. Doyle said he felt the document was a good document, with valuable public input. He said
that some other communities have developed similar guidelines, therefore the document will not
have to be recreated.
Com. Austin concurred that the public input was valuable. She said that the whole criteria should
be visually drive, a, and she approved of creative alternatives that could be utilized. She said she
approved the general documents.
Mr. Jung explained that the less obtrusive the antenna, the easier it is for the applicant to go
through the development process; which is an incentive because of quicker approval; it is
approved by the Director of Community Development as opposed to going before the Planning
Commission and public hearings. He stated that most of the consultants are sensitive of the land
use location issue and most of the potential locations are non-residential as they prefer to be close
to the freeways, and major intersections.
Mr. Jung pointed out that the issue of abandoned structures needed consideration. Technology is
rapidly changing and what may be a veay actively useful site now may be a useless or irrelevant
site in the future. He pointed out that staff needs to look closely at what happens when a carrier
no longer wants to use a site and what needs to be done to get the model pole or tower removed if
that is what is chosen in lieu of reserving it for another catTier's use. Mr. Juag reported that staff
will look at that issue, develop some language and bring it back to the Planning Commission at the
next meeting.
MOTION
SECOND:
ABSENT:
VOTE:
Com. Maboney moved to continue Amendments to Zoning Ordinance, 19.108 to
the May 28, 1996 Planning Commission meeting.
Com. Austin
Com. Harris
Passed 4-0-0
OLD BUSINESS - None
Planning Commission Minutes 20 April 22, 1996
NEW B1JSINESS
6. Request fi.om Tandem Computers, Inc., for Interpretation of Housing Mitigation Manual.
CON i'tNUED FROM PLA2,TNING COMMISSION M~t:IING OF APRIL 8, 1996.
Staff presentation: Ms. Call reviewed the request fi.om Tandem Computers, Inc. for interpretation
oftheHonsingMifigationManual. She explained that four years ago Tandem negofiated with the
City to provide housing in order to meet the City's fair share numbers. The terms were that they
could pay a minimum fee of $5.00 per square foot or provide 28 units per every 100,000 square
feet of new development.
Referring to the overheads, Ms. Gil illustrated the parcels to be developed. She explained that the
proposal is for development of 300 units of housing and In return Tandem is looking to bank
those units and have those units meet their housing mitigation requirement.
She reviewed issues raised at the Affordable Housing Committee (AFC) level. Although the AHC
approved the request, discussion centered around double counting and whether the developer
could use those 31 units of resideatial mitigation to not only meet their residential components,
but also meet the office/industrial component of the mitigation manual. Many of them voiced
concern that it was double counting. However, at least three of the members felt there were other
issues that outweighed the double counting, mainly that these two parcels are not zoned for
housing. The two parcels of land could be sold for commercial development in which case they
would not receive any housing units at all affordable or otherwise.
Ms. Oil said that the AFC recommends that Tandem's proposal be accepted. She explained the
prototype of the housing bank ledger contained In the staffreport.
Mr. John Halley, Tandem Computers, Inc. explained that a developer had approached the
company about a potential housing development. He stated that Tandem is faced with the
dilemma that they cannot afford to lose the future mitigation potential that the site or any site that
is developed into housing would allow them. He said that if at some point in the future Tandem is
going to develop office space, it needs to be able to capture the mitigation credits that the site with
housing would provide. He said he knew of no other way to cause to be created housing other
than making an investment in the land and that has been done. The next thing would be to select
an organization to sell that land to, that you know would create that type of project, mad to
condition the sale for specific development type like housing. He said that Tandem could not
afford to do that without getting the credits because it has been priced out and it is very expensive
to sell the property for housing and not get those credits. He said it was a win-win situation;
Tandem could sell the property to a housing developer, housing could be created sooner rather
than later; the office project upon which we would use the credits could occur sometime later, but
in the meantime people would be housed, housing would be created and the General Plan would
be satisfied. Tandem would be the first depositor in the bank.
The request is that the Planning Commission endorse staff recommendation to modify the housing
mitigation procedure manuals se that it allowed for a company wishing to create credits to do that,
first with housing, followed with office, rather than only office to housing.
A discussion ensued regarding the double counting concept, bonus density credit, and s~T
answered Commissioners' questions.
Planning Commission Minutes 21 April 22, 1996
Com. Mahoney said he approved the recommendation. Corn. Doyle said that he supported the
AFC recommendation also. Com. Austin said she felt it was a clear cut issue. After reading the
rationale that Tandem could elect to sell the property to a commercial developer and the City of
Cupertino wouldn't get any affordable units, she felt it was an important factor and there is a need
for the affordable units today. She said she supported the Cuperino Affordable Housing
Committee's recommendation.
Chairman Roberts suggested clarification of the intent of the ordinance as far as the notion that the
corporations themselves will do the developing.
MOTION:
SECOND:
ABSENT:
VOTE:
Com. Austin moved to accept the Cupertino Affordable Housing Committee's
recommendation and forward it to the City Council for a final decision.
Com. Doyle
Com. Harris
Passed 4-0-0
REPORT OF THE PLANNING COM1VI1SS1ON: None
REPORT OF TIlE DIRECTOR OF COMMUNITY DEVELOPMENT: None
DISCUSSION OF NI~WSPAPER CLiPPINGS: None
ADJOURNMENT: The meeting was adjourned at 11:27 p.m. to the regular Planning
Commission Meeting on Monday, May 13, 1996.
Minutes Approved As Amended: May 13, 1996
Respectfully Submitted,