PC 04/24/95CITY OF CUPERTINO
10300 Torre Ave.
Cupertino, CA 95014
j42.81 777-3308NINU'FES Old 1E REGU PLANHI ETING
HELD ON APRIL 24, 1995
ORDER OF BUSINESS
SALUTE To THE FLAG
ROLL CALL
Commissioners present: Vime cChrHarris. Roberts
co.
Com. Austin
Commissioners absent: Chr. Doyle
Com. Mahoney
Staff present' Robert Cowan, Director of community Development
Ciddy Wordell, City Planner
APPROVAL OF MINUTES
March 27, 1995 - Regular meeting.
Com.
1.
2.
3.
4.
Harris amended the minutes of March 27, 1995 as follows:
Page 4, 3rd paragraph, change the word "would" to ,could".
Page 7, 3rd paragraph, add the words "at the time: the
subdivision map is approved" to the first sentence.
"Com.
Page 10, 3rd paragraph, the first sentence sentence.
Harris suggested creating an L-shaped parking area along the
area to gain more regular
south wall and along the easement of
parking spaces rather than adding more compact spaces.
Paqe 16, any reference to "Adrain" should read "Adrian".
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Austin moved to approve the minutes of March 27,
1995, as amended.
Com. Harris 3-0-2
Passed
Mahoney, Doyle
WRITTEN COMMUNICATIONS - None
POSTPONEMENTS/REMOVAL FRO14 CALEJ"DAR asco & ASSOC-v 11837 and
Item 4: Application 1-EXC-95, Carr
11841 Upland Way - Reuest continuance to the
q
Planning Commission Meeting of May 22, 1995
81,004.3.8 and 3-EA-95, City Of
Item 5: Application No. Cupertino, Citywide - Request continuance to the
Planning Commission Meeting of May 8, 1995.
Item 7: Housing mitigation Manual - Request cont . inuance to
May 22, 1995.
H
PLANNING COMMISSION MINUTES
April 24, 1995
Page 2
MOTION:
SECOND:
VOTE
ABSENT:
Com. Austin moved to continue items 4 and 7 to the
meeting of May 22, 1995 and item 5 to the meeting. of May
8, 1995.
Con. Harris
Passed 3-0-2
Doyle, Mahoney
ORAL CONK[UNICATIONS - None
CONSENT CALENDAR - None
ARCHITECTURAL REVIEW
1. Application No(s): 1-ASA-95
Applicant:--- -- - - - E-.-- Paul- Duncan
Property Owner: Same
Location: 10215 - 10235 S. De Anza Blvd.
Architectural review for an awning and for a sign exception to
allow more than one wall sign in accordance with Section
17.24.050 of the Cupertino
Rtaff Planning Director Cowan presented the staff
e report and noted the request is for an architectural modification
to the building to allow for an awning. Mr. Cowan presented photos
of the proposed awning. He stated staff supports the awning and
color with notation that the awning be extended.
Con. Harris addressed the Radio Shack sign which was not in
compliance, Mr. Cowan stated the letters will be reduced and it
will then be in compliance.
Con. Austin asked, how this relates to the Steven Creek Conceptual
Plan? Mr. Cowan stated this particular building follows the
building design guidelines and not the streetscape.
App Mr. Scott Blair, Blair Sign Programs,
stated he accepts the recommendations of staff and noted he has
drawings to reflect the design. Mr. Blair noted the color will be
deep red. In response to Com. Harris' question regarding the
difference in the Petco and Radio Shack sign, Mr. Blair stated both
tenants followed their design requirements and it looks better as
proposed.
MOTION: Con. Austin moved to approve 1-ASA-95 subject to the
findings and subconclusions of the hearing.
SECOND: Com. Harris
Aft VOTE: Passed 3-0-2
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PLANNING COMMISSION MINUTES
April 24, 1995
Page 3
ABSENT: Mahoney, Doyle
2. Application No(s): 9-U-94 (Modification)
Applicant: Forge/Homestead
Property Owner: Charles O. Forge/Eileen Hutching Co.
Trustee
Location: 20691 Homestead Road
Administrative approval for architectural review and
recommendation from the Planning Commission for an
administrative approval of a minor change in a project in
accordance with Chapter 19.132 of the Cupertino Municipal
Code.
staff presentation: Planning Director Cowan presented the staff
report noting when the Planning Commission approved this project
they approved 204 units by reducing some of the three story
buildings to two story on the perimeter. He reviewed the changes
and -also the changes in the picnic area and pool as outlined in the
staff report. Mr. Cowan stated the decision of the Planning
Commission should be a report to the Council.
ApDlicgnt presentation: Mr. Jim Sisk stated he will answer any
questions. Ile noted there have been no changes in the parking.
Com. Austin stated the applicant has followed the direction of the
Planning Commission and would approve as recommended.
Com. Harris concurred.
MOTION: Com. Harris moved to recommend approval. of the
modification and refer to the City Council for review.
SECOND: Com. Austin
VOTE: Passed 3-0-2
ABSENT: Mahoney, Doyle
ABSENT: Doyle, Mahoney
3. Application No(s): 3-ASA-95
Applicant: Curtiss and Barbara Komen
Property Owner: Same
Location: 11.218 Stauffer Ln.
Architectural review for a single family home located in a
Planned Development.
5-t ff nre.... n: City Planner Wordell presented the staff
report noting the use permit for Seven Springs requires
architectural review for each of the custom lots. She outlined the
AM location of the lot and reviewed the proposal including the lot
PLANNING COMMISSION MINUTES
April 24, 1995
Page 4
size, house size and the slope. Ms. Wordell presented the
elevation maps noting this is a single story residence. She added
that there are two areas where the proposed residence is not
consistent with.the RHS ordinance. One is the flat yard area which
exceeds the 2000 sq. ft. in the ordinance, she noted some of the
pathways and lawn are contoured so they would not be counted in the
2000 sq. ft. Ms. Wordell noted a condition added indicates that
the applicant must show that they do not have a flat yard area
greater than 2000 sq. ft. The second inconsistency is the
orientation of the residence, noting the residence is at a slight
angle to the contours but staff believes is not significant. Ms.
Wordell passed around the color board noting the colors do meet the
reflectivity requirements and are appropriate for this area. She
-added that there have been some problems in processing the
application, noting the applicant submitted building plans without
knowing they had to go through the architectural review process.
Staff apologized to the applicant and noted they are recommending
approval.
Ih response to Commissioners questions Ms. Wordell made the
following comments:
• She outlined the location of the fault line and the riparian
corridor.
• If the applicant is grading to achieve a flat surface this
area would be counted.
• Tree cover in the riparian area is thick and the residence
would be screen-d from Seven Springs.
• The rear elevation is 6-8 ft. above ground.
Ms. Wordell presented a photo showing the view from the lot to
Seven Spring.
The public hearing was opened.
AR,jcant presentation: Mr. David Pruette presented a rendering
showing the landscaping proposed. He noted there will be some
modifications to the preliminary landscaping plan. Mr. Pruette
addressed condition 3 regarding the landscaping. He noted they
have a letter from the landscape architect indicating the .plans
will be in conformance.
Mr. Cowan suggested "...prior to occupancy permit.11 be added to
condition 3 to address Mr. Pruette's concerns. Com. Harris
expressed concern and asked why make an exception for this
applicant? Ms. Wordell stated the applicant has been held back
through no fault of their own.
In response to Com. Roberts' question, Mr. Pruette stated there are
medical conditions which require a one level home.
PLANNING COMMISSION MINUTES
April 24, 1995
Page 5
The public hearing -was closed.
MOTION: Com. Austin moved to approve 3-ASA-95 subject to the
findings and subconclusions of the hearing with the
modification to condition 3 as addressed above.
SECOND: Com. Harris
VOTE: Passed 3-0-2
ABSENT: Mahoney, Doyle
OLD BUSINESS
6. Report to Council:
Application No(s): 3-U-95
Applicant: Central Fire District
Property Owner: Same
Location: Vista and Randy Drive north of Stevens
Creek Blvd.
USE PERMIT to replace and expand an existing fire station on
an adjacent parcel.
Staff presentation: City Planner Wordell presented the staff
report noting the Planning Commission recommended denial of the
previous plan. The Fire District submitted a revised plan to the
City Council who then asked that it be returned to the Planning
Commission for review. Ms. Wordell reviewed the location of the
proposed fire station noting the surrounding uoes are commerclul
and residential. She reviewed the differences in the new and
previous plan as outlined in the staff report. She stated the
benef i•ts of the new plan are as follows:
• As 'she engines depart can Vista Drive they are further from the
residents.
• By moving the apparatus room they eliminated the need for the
17 ft. wing wall. The ladder tuck can be parked and used as
a buffer for most testing.
• Response times to the east exceed the current station by 13
seconds; to the west they are less 5 seconds, and the weighted
average exceeds the current station by 3 second.
Ms. Wordell noted the materials proposed are the same and staff is
recommending approval. She also pointed out that it will be a
condition of approval that the ladder truck rust be used for noise
screening as addressed above.
Com. Harris questioned the location of the glass on the building,
and Com. Roberts addressed the neighbors plan which angles the
driveway?
AOL PLANNING CONNISSION MINUTES
IF April 24, 1995
Pace 6
The public hearing was opened.
Applicant _presentation: Chief Doug Sporeleder, Central Fire
District, stated after the last hearing they worked on a plan to
address the concerns of the neighbors and the City. He stated they
want to move off Stevens Creek Blvd, to stop the mid -block
maneuvering and backing into the station when returning. He noted
they also want to improve the facility and remain in operation
while the new facility is being built. He added they wanted to
limit the impact on the existing business in order to hold down the
costs. He stated the safety issue is what they are trying to
accomplish by moving away from the mid -block entry. He noted they
met with neighborhood groups and feel the movement they have made
with this plan is significant and has improved the situation.
Mr. Glen Bower, Architect, noted the revised design has addressed
many of the concerns raised by staff and the neighbors. He added
they are proposing a one story building which integrates into the
neighborhood, as does the roof line, which enable the mechanical
equipment to be hidden. He stated the materials proposed are
stucco with some brick and the color is reminiscent of what is in
the neighborhood. He pointed out the location of the glass in
response to Com. Harris' question.
Mr. Bower reviewed the landscaping plap noting with the new plan,
it allows for more landscaping.
Com. Harris suggested vines on the brick portion of the building
which fronts Vista Drive.
In response to Com. Roberts question regarding the angle of the
'driveway, Mr. Bower stated depending upon the angle of the driveway
it could make the turning movements going north difficult. He
noted the exit driveway has been moved south of the nearest
resident to address the headlights shining into homes.
Com. Harris suggested a redesign of the roof line to the brick
portion of the building, Mr. Bauer stated they have no )bjections
to a redesign of this roof line.
Com. Roberts addressed the orientation of the driveway, Chief
Sporeleder stated they have tested the orientation and what they
proposed is the best solution. He noted it will also accommodate
future growth.
Chief Sporeleder addressed a possible fronting on Stevens Creek
Blvd., and noted the more they encroach on the existing business
the more costly it will be and there is the concern of the mid -
Amok
block entrance/exit, which is not normal practice. He added from
PLANNING COMMISSION MINUTES
April 24, 1995
Page 7
the view of traffic safety, it would be safer to come out on Vista
Drive and come down to the intersection at Stevens Creek Blvd.
Mr. Donn Kinne, President, Vista Gardens Homeowners Association,
noted there is a consensus in the City that Cupertino is hard to
develop in. He noted that a Council person met with the Fire
District and warned them that they would have neighborhood
objections. He -noted a group of .homeowners spent the weekend
reviewing the Heart of the City concept. He stated a group of
neighbors also met with the Fire District in November and March
and voiced their objections and if there is a way to avoid this
situation it should be avoided. He pointed out that if this was
a private application it would not be allowed.
Mr. Kinne presented slides showing the surrounding neighborhood
including the car dealership next to the existing fire station. He
presented two alternative plans and noted one proposal is less
costly than the Fire District's proposal. He stated there was
strong feeling expressed in the community for an exit onto Stevens
Creek Blvd. He believes this in an opportunity to implement the
Heart of City concept. He added they are not asking the Fire
District to not improve their facility, but they should at least
study a Stevens Creek Blvd. entrance. He urged the Planning
40 Commission to vote no on the project as proposed and noted the
neighbors are against any use of Vista Drive. for fire engines.
Mr. Ronald Jacoby, President, Joseph Park Homeowners Association,
reviewed the Cupertino City codes rioting that development will
not be allowed if detrimental. to public safety. He presented
information on the response time from the proposed station and
compared it with an entrance on Stevens Creek Blvd. He stated in
two of the residents plans the building and technology is the same..
Mr. Jacoby also gave a presentation on noise comparing the
residents proposal and the Fire District's proposal. After
reviewing the noise study dated 1/23/95, Mr. Jacoby stated that
the fire station will violate City codes. He believes the
residents have proposed a plan which meets all the concerns raised.
He noted they appreciate all the improvements made by the Fire
District, but the Commission should push them to find the best
alternative.
Ms. Mavis Smith, Majestic Oak Way, stated it is difficult to
predict how many calls the fire department will. receive and from
what direction. She stated she is concerned that they are getting
into a situation where they are looking at effects that might
happen, but have lost sight of the purpose of the fire station.
She stated the fire station she lives by causes oo problems and the
first response to medical emergencies are the tire fighters. She
stated these are, extraordinary people who work at the fire station
PLANNING COMMISSION KINUTE3
April 24, 1995
Page 8
and this is no ordinary building, but an emergency service which
everyone may need at some time. Ms. Smith stated she would like to
see the Fire District have what they want, and wants to know from
the fire truck drivers which turns are the best and the response
time.
Ms. Janie Phillips, 20192 Joseph Circle, stated the proposal to
move the fire station into her backyard changes the noise levels.
She stated she would like to see the entrance/exit stay on Stevens
Creek Blvd. She also noted the lights from the trucks returning
will shine into her bedroom.
Mr. Earl Pennington, 10109 Randy Ln., stated he is representing his
mother who owns property adjacent to the proposed entrance of the
fire station. He noted when he spoke in March he was against the
proposal because of the fire trucks using the alleyway. Ile notes:
the Fire District cannot please all people all of the time and
believes they have done a good job addressing the neighbors
concerns. He stated he would support this project as proposed
and would recommend approval.
Mr. Ross Quinn, 20261 Reinell Pl., stated he requested at the last
meeting that the Fire District not use Vista Drive and this
has not been addressed. He noted Vista Drive is a narrow street
and there is no light to stop traffic when the engines exit. He
expressed concern about the impact on the normal traffic flow on
Vista Drive and noted the exit and return should be ca, Stevens
Creek Blvd.
Ms. Gay Fisher, 20263 Cartwright Way, stated in March they had
concerns about noise, lights and safety on a street that already
has limited access. She noted she has further concerns about the
Fire District's attitude towards the neighbors. She stated the
residents proposal has not been seriously looked at and the
objections to it have been weak. She noted there will be a traffic
impact from this station. Ms. Fisher stated the noise problem has
not been addressed.adequately and has not heard anything about pre-
empters. She urged the Commission to consider an alternative plan
with an exit onto Stevens Creek Blvd.
Ms. Wanda Schenck, 20182 Joseph Circle, stated the lights from the
trucks' will go into her bedroom window when returning. She
stated it is her understanding that both the Monta Vista and
Seven Springs station are mid -block entrances. She noted in both
instances the trucks turn in their own driveway and in two of ache
plans proposed by the residents, they plan for this.
Mr. John Statton, Chamber of Commerce, stated whenever development
occurs in the community there are many concerns. Ile noted
PLANNING CONNISSION MINUTES
April 24, 1995
Page 9
purchasing the property next door raises the cost to a prohibited
manner. He noted Cupertino needs a new fire station and this is
critical. He stated from the Chamber's point of view, if this
location is the best, and the mitigations proposed by the Fire
District shows good faith to address the concerns of the neighbors,
the Chamber urges support of the Fire Yistrict's proposal.
Mr. Bob West, 20232 Joseph Circle, addressed his letter dated April
1995 and the plan proposed by him and his wife as outlined in the
staff report. Mr. West reviewed his chart titled ,site Selection
for Cupertino Fire Station" attached to his letter.
Com. Harris asked the Fire Chief to respond to the comments
regarding the lights from the return vehicles. Chief Sporeleder
stated the engines will be on low beam and there is a 9 ft. wall
and does not believe the light will hit the residents. He also
explained the safety issues regarding the exit and noted it will be
much safer to come out on Vista Drive. He added they can control
the signal lights at the intersection.
Com. Roberts asked if the engines could make a turn on their
driveway. Chief Sporeleder stated this maneuver can be done, but
they have an alternative which can avoid •this.
In response to the public's questions and alternative plans, Mr.
Bower reviewed both the homeowners plan and Mr. West's plan as well
as studying a Stevens Creek exit at length. He stated the ladder
truck cannot come in off Stevens Creek and back into the apparatus
room unless they make several turns, this would be a problem in the
neighbors plans. He noted the problems with the Vista Park
Homeowners plan are the following:
Path of truck travel will impact the neighbors
Traffic conflict.
No room for employee deck
• Remote corner of station affect: operation efficiency
. Minimal setbacks - -
Existing business conflict
• No barriers possible fo::- noise mitigation.
Mr. Bower stated the Fire District's proposal will address the
noise for testing the equipment.
In response to comments, Chief Sporbleder reiterated again that
Stevens Creek is a main arterial and the entrance of emergency
equipment on this street is not normal practice. He. added the
light system causes the engines to pause.
Mr. Mike Block, Director of Business Services, addressed the
response time as outlined by Mr. Jacoby. He noted Mr. Jacoby did
PLA? KING cownssION MINUTES
April 24, 1995
Page 10
not mention barriers or traffic which need to be taken into
account when calculating response time. He noted the engines will
not go out onto Stevens Creek until it is safe and all lanes of
traffic have stopped, this can take up to 10 seconds. He reviewed
the response time from the new station as outlined in the staff
report. Mr. Block stated he can't over -emphasize how dangerous it
is getting out onto Stevens Creek Blvd., and there is less traffic
on Vista Drive.
Mr. Stan Shelly,. Acoustical Consultant, stated that some of the
incidents which occur at the station, which are related to
emergency response, are exempted from the ordinance so there is no
attempt to mitigate them. He stated they will mitigate those
incidents which occur during the testing. He stated in the old
plan there were 3 bedroom windows that were in direct view of the
at:p testing, but in the new plan the testing room will be further
awey and the distance does mitigate what the wing wall provided.
He stated after the initial study they did go back and do
additional mitigations and noted the noise testing will be
mitigated as outlined in his report.
Coma Roberts asked if there is a contingency plan in case the noise
is not mitigated. Mr. Shelly stated the Fire District has made the
commitment to meet the noise standards.
Ms. Wordell stated the condition for noise reads "The portable
engine testing shall meet the noise ordinance standards" and if
there is -a problem the Planning Commission can require additional
noise testing.
Com. Harris stated Mr. Jacoby°s report -indicated that every piece
of equipment exceeds the decibel level allowed. Ms. Wordel.l stated
in the report from Stan Shelly dated,February, the siren exceeded
for 1/2 second, but these are exempt. He stated staff will work
with Mr. -acoby and review his figures.
Chief Sporeleder stated he wants to assure the neighbors and the
Commission that they do strive to be a good neighbor and will
respond to noise complaints and address these.
Ms. Sandy Sloan, Attorney, stated the Fire District did seriously
consider the plans submitted by neighbors but the fact remains that
the neighbors are not happy because they do not want the station to
front onto Vista :give. She stated there are two serious problems
with the plans rt-:,,,nsed by the neighbors. First the district does
not want to contijik_ - �Jt.`Lng in mid -block onto Stevens Creek as
addressed by Chief Spot-Aeder. Second the district is not willing
to take en existing rnriving business. She noted it is extremely
Ask seriuu� for a governmental agency to take private property. She
PLANA;IMG COMMISSI®M MINUTES
April 24, 1995
Page 11--
stated they tried to work with the property owner, but could not
work anything out and therefore were left with the situation that
the district wants to take vacant land. She added the Fire
District is trying to be sensitive to both the business and
residents, but only taking land from the business. Ms. Sloan
stated there are two legitimate business on this property and when
taking a business they have to consider not only the value of the
land, but also the value of the business. If they affect business
seriously, they are responsible to relocate the business. She
noted they have no expertise or money to do this. She explained
severance damages and noted this is a concern. She stated the
district cannot afford to take or disrupt an on -going business.
Regarding the Heart of the City concept, Ms. Sloan stated the Heart
of the City calls for medium to high :density residential on
this lot or perhaps a mixed -use. She noted affordable housing
would be appropriate on Stevens Creek Blvd. and would be buffered
by the fire station. She added the living quarters in the fire
station will be close to the residential and the apparatus room
will be next to commercial. She pointed.out that this property
is .zoned commercial. Ms. Sloan stated when the trucks come out on
Vista Drive the siren would not be tilrried on until they hit
Stevens Creek Blvd. She urged approval of the plan.
In response to Com. Roberts question, Ms. Sloan stated the proposal
has 'moved the property line down 20 ft. and is still in the vacant
land. She stated this does not affect the legitimate business.
Chief Sporeleder stated this has been a frustrating process and
they attempted to find a solution to make everyone happy.
The public hearing was closed.
Com. Harris stated she appreciates all the work done by the Fire
District and the neighbors. She spoke in support of the revised
plan submitted by the Fire District and had the following comments:
• The new plan addresses concerns of the neighbors
Using the Randy access for personnel reduces the impact
• Increasing the setback from residential is significant and
supports the elimination of the wing wall.
• Supports the relocation of the apparatus room.
• Response time satisfactory.
• Noise Mitigations will be met and conditions required are
adequate.
• Mid -block access may have been useful at one time, but not
as safe to cross this road.
• Concern about the brick building on the front of the station -
not aesthetic and should be addressed.
PLANNING COMMISSION MINDTES
April 24, 1995
Page 12
Com. Austin concurred that this plan is better and has addressed
many of the concerns of the neighbors. She expressed concern about
the exit and asked if the lights could be left on low beam when
exiting onto Vista Dr. She spoke in support of the nine foot wall
to address the lights from the return vehicles. She spoke in
support of the plan as proposed. She noted she has no objections
to the brick work.
Com. Roberts stated the revised proposal has vastly improved and
for most of the reasons addressed by Com. Harris he would also
support an approval. He believes after hearing the testimony
from the Fire District it may be unsafe to exit onto Stevens Creek
Blvd., and with reluctance will abandon the idea of an exit
onto Stevens Creek Blvd. He noted the function of the ;Fire
District and, the implications of public safety should be the top
consideration. He stated he would also support revising the
brick wall as addressed by Com. Harris.
Cam. Roberts requested a condition requiring large trees to be
planted at the end of the re-en".ry alley to address the light
problem addressed by neighbors. Com. Harris and Com. Austin
concurred.
MOTION: Com. Austin moved to send a report to City Council
recommending approval of the project as proposed by the
Wire District adding conditions to redesign the brick
wall with an eye to aesthetic and trees be planted to
provide screening from the returningvehicles.
SECOND: Com. Harris
VOTE: Passed 3-0-2
ABSENT: Mah.-3ney, Doyle
REPORT OF THE PIANNING COMMISSION
Com. Harris expressed concern about the comments made by the
consultant on the meact of the City Concept, regarding no
consideration given to proposed land uses when the tree selection
was determined and he would never use oak, ash ..ad pear with the
land uses proposed. She hopes this wild: be discussed further.
REPORT OF THE DIRECTOR OF COMMUNITY DE"I,OPMENT
Com. Harris addressed the Forge/Homestead project. Mr. Cowan
stated the Council will make a final vote at there next meeting.
He stated if denied,a new plan will be reviewed by the Planning
Commission.
Com. Farris addressed Hunter Properties, Mr. Cowan stated 'hQre
was no clear cut agreement with the property owners and if the
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PLANNING COMMISSION MINUTES
April 24, 1995
Page 13 .�
owners don't agree they can fall back to the two driveway cuts with
a proviso that if there is leverage from the property to the
east this can be restructured.
DISCUSSION OF NEWSPAPER CLIPPINGS - None
The Commission briefly discussed the agenda for future meetings.
ADJOURNxIENT The meeting adjourned at 10:25 p.m. to the special
meeting of May 4, 1995, at 6:45 p.m.
Respectfully submitted
Catherine M. Robillard
Minutes Clerk