PC 12-14-87CITY OF' CUPERTINO, STATE OF CALI.FORNIA
10430 So. De Anza Blvd. Cupcrti!lO, !:A 95014
( 408) 252-4505
J\UNlJTES OF REGULAR MEETING OF THE PLANNIJ"iG COMMISSION HELD ON DECEMBER 14, 1987
Meeting Held in the Interim Council Chambers, 10500 N. De. Anui. Blvd.
SALUTE TO THE FLAG:
HOLL CALL:
Commissioners Present: Chairrnan Mar:kenz:ic
Vice Chairwom:m Sorensen
Comrnh:s1oner Adams
Commissioner C!audy
Commissioner Szabo
Staff Present: Robert Cowan, Director of Planning and Development
Steve I· :asecki, Assistant Plannini Dire.ctor
Travice Whitt.en, Assistant City Engineer
Peggy M. Cocker, Deputy City Attorney
APPROVAL OF .. MINUTES:
Com. Sorensen asked that on Page 5, sevent11 paragraph, read, "Mr. ~hwe .. "
7:00 P.M.
MaTION: Com. Sorensen moved to approve the Minutes of the Regular Meeting of
November 23, 1987, as submitucd.
SECOND: Com. Claudy
VOTE: Passed, Com. Adams abstaining 4-0-1
POSTPONEMENTS OR NEW AGENDA ITEMS:
·· Item 4, Application 52-U-87, Franzclla's Orchard Valley. Applic;mt requested
Continuance to January 11, 1988.
MOTION: Com. Claudy moved to Continue Application 52-U-87, lO January 11, 1988, per request of the Applicant. SECOND: Com. Adams VCJI1:: Passed 5-0
WRITTEN COMMUNICATIONS:
-In regard to Mr. Chua Lin's fence at 22213 Quintcrno Ct., Cupertino:
-M<u-tan and Eiizabcth Mann and John W. Gudgeon, Attorney
--Mr. Chua Lin and Mr. James N. Ono, Attorney
-Ms. Velma J. Freitas, 11511 Upland Way, Cupertino
-Mrs. Lucille R. Burt, compiimell!ing rhc Commission on v•mancc procedures
-Dennis West, 10670 Cmdova Rd., Cupertino
ORAL COMMUNICATIONS:
-M:; Sonja Shurr, Cupcrrino Union Schood District, thankin1; Commission for road
irnprovcnv~nts in the Collin·; School area.
PLANNING COMMiSSlON MINU'J1!S Regular Meeting of Decembc11 l·l, 1987 Page 2 PC-533
CONSENT CALENDAR:
None
PUBLIC HEAHINGS:
ITEM l.
Application No(s) Applicant: Property Owner:
Location:
REZONING (8-Z-87)
Ji:Jl.: 8I ... !18.:ll.:.8.l..11lli!...19 EA~-~87~----· w s;st 'li!JJmJ)_Q.I2!.'J_uJr-.C~L---·----
!9.~!21.b Frru1co • So11th\YS:..il..Ul'adraDJ..._!JQ.!neste;i.d_Rg an~lliLll!vd
From CG (Genera.I C.ommercial) to P (Planned Development) with commercial intent
USE PERMff (48-U-87)
To construct and operate a 37,000 s.q. ft. expansion to an existing retail shopping center with related site improvements.
FIRST HEARING CONTINUED ENVIRONMENTAL DETERMlNATION: Ni:gaf:ive Declaration TENTATIVE CITY COUNCIL HEARING DATE: January 4, 198!\
Staff PrS<sentniion_;, Mr. Piasecki reviewed the Application and stated t11at in compliance with the Commission's dfrcctive, the Applicant had revised the site plan to ckiminate a parking urea to t11e rear of the buildings.
Commissioner Szabo nored that of the problems, only the first had been solved, namely: Parking area to the rear would be unused Proximity of the parkir.g area to the residential
Mr. Piasecki agreed tf1at the proximity of the parking could potentially disrupt the adjacent
residential area; he suggested alternatives to mitigate noise and visual impacts of this area. In addition, landscaping would screen the area in question.
Appli£i!.rU's l~i:s;.s.rntalisrn: Mr. Lester Meu, Architect, reviewed design. revisions and land-
scape screening which would provide scvcral laycrs'of buffering for the adjacent residential. In addition, all employee parking would be situated in the n~ar area. Applicants were
amenable to Staff Recommendations.
MOTION: SECOND: VOTE:
Com. Adams moved to close tile Public l karing
Com. S0rcnscn
Passed
Consensus reached that the Applicants had complied with the Co111mission's requests. Com. Szabo reiterated concerns regarding potential impacts to the adjacent residential.
. MOTION:
SECOND: vun::
Com. Adams moved the granting of a Negative Declaradon .
Com. Sorensen Pas'.;cd
5-0
5-0
PLANNlNG COMMISSION MINUTES
Regular Meeting of December 14, 1987 Page 3
PC-533
PUBLIC HEARINGS Continued
MOTION:
SECOND: VOTE:
MOTION:
SECOND:
VOTE:
ITEM2
Com. Claudy moved to recommend approval of Application 8-Z-87 subject to
the conclusions and subconclusions of this Hearing per the Model Resolution,
Conditions 1-12.
Corn. Sorensen Passed 5-0
Com. Claudy moved to recommend approval of Application 48-U-87 subject to
the conclusions and subconclusions of this Hearing per the Model Resolution,
Condition~ f-20, addi11g a Condition 21, allowing the Applicant to close off the
emergency exit corridor fcnn REI; this corridor will not be counted in the park-
ing requirements and floor area limitation.
Com. Adams
Passed 5-0
Application No(s)
Applicam:
1-QPA-Wl and 52_-EA-81_
City J!LClill_e rt in o ----·----··-Localion: Cit vwicJ.r_·----··---
GENERAL PLAN AMENDMENT (1-GPA-87)
1 . Clarification that the Floor Arca Ratio bonus policy applies to the Traffic ~ntcnsity
Performance Standard area.
2. Consider policies requiring rcsidcutial design <;tandards regulating height, bulk,
and mass of single-family homes.
FIRST HEARING CONTINUED
ENVIRONMENTAL DETERMINATION: Negative Declaration
TENTATIVE ClTY COUNCIL DATE: Jam11lry 4, 1988
St;1ff Prcserili.Uj.QJL Mr. Piasecki stated that Staff Report contained the information
requested oy the Commi'.>Sion; actions available to the Commission were reviewed.
Com. Mackenzie suggested that a special meeting of the Planning Commission be set aside
for public testimony; such mecr.ing 10 be conduckd in an informal styk. Staff to publicize
information on this meeting to obtain citi:r.cn input.and contact tJ1osc indi•1iduds and groups
who have shown inlcrcsr in this issue.
Ms. C<uolyn Moniz. Rcprc:-icn:ing tht: iluilding Industry Association, was favorable to the
above suggestion.
MOTION: Cont Sorensen moved to hold an Special Meeting of the Commission on
.January 13, 19XE, at 7:30 P.tv1. in th\~ renovated City Hall. SECOND: Claudy
VOTE: Passc(l 5-0
PLANNING COMMISSION MINUTES
Regular Meeting of December 14, 1987 Page4 PC -533
PUBLIC HEARINGS Continued
ITEM3
Application No.(s)
Applicant:
Propeny Owner:
Location:
Parcel Arca (Acres):
REZONING (9-Z-87)
2-Z··8-1..i.J-TM-87.J!Dsi21-EA-87
Frcg..R.~.ni;;...,1 __ 1 -----·----------Y...ITnc Hall_ _ .EilliLllde Qf Baln,cy.Av~,_ l;x;tw~11au~1e~k ruill
B..Q.Q1il!~\!£Z..hY~C~~~~~~ llU..!2SL
From City Rl-10 (Single-family Residential, 10,000 sq. ft. minimum lot size) to City
R 1-6 (Single-family Residential, 6,000 sq. ft. minimum lot size) zone
TENTATIVE MAP {21-TM-87) To subdivide 1.56 gross acres into 7 parcels with lot sizes ranging from 6,500 sq. ft. to
8,000 sq. ft.
f<IRST HEARING
ENVIRONMENTAL DETER.MINA TION: Negative l)cclaration
TENTATIVE CITY COUNCIL HEARING DATED: January 4, 1988.
S!aff Pr<:~.DWtiQD..;, Mr. Cowan reviewed the Application and presented diagrams to illustrate
alternative park plans; he noted the significant design constraints on this site, namely:
Consideration of the potential Wilson Park expansion Traffic circulation patterns fi;ir tht~ area
Development of subject property separate from 'development of adjacent properties
Alternative subdivision plans were presented and reviewed.
An.r.lican(<; Prcs~J1tation;. Mr. Marvin Kirkeby, Project Engineer, reviewed the various sub-
division plans; cxt!rnp!es of other developments were cited. He noted that the Wilson Schcol
site and the Gheno property development were undecided; Applicants, however, wished to
develcp their property ur this time.
!\tr. Kirkeby objected to having to improve both sides of the :>trcet and the half street not on
the property; ~,fr. Cowan responded that the intent of the Condition was w provide
sufficient space for a parking lane and two travel lanes. Mr. Kirkeby noted that the
Applicants wen: already giving away 30 ft. of land to the City.
!\Ir. Harold Ghcno, Adjacent prope11y owner, stated that in one plan, a street would be in
back of his property; in so doing, they would lose one lot at '.mch time as the property were
developed or sold. Ile objected to any plan that would diminish the value of his propeny.
Mr. Cowan rcvi.1.::wcd alternative devcloprrn:nt plans anJ traffic circulation patterns.
Mr. Kirkeby also commented on current tiaffic circulation patterns in ·he area.
PLANNING COMMISSION MINUTES
Regular Meeting of December 14, 1987
Page 5 PC-533
PUBLIC HEARINGS Continued
Ms. Sonja Shurr, Cupertino Union School District, stated that the District did not object to
the proposed rezoning provided that should the Board decide to sell Wilson School, the
District expected equal privileges in rezoning as well as square footage allowed in the Pan
Cal development. f..tCci~ions.regarding seve,rnl properties to be made in January.
Mr. Fred Ghcno, Adjacent property owner, asked that alternatives be explored if a decision
were not to be made at this time.
Mr. Hm·old Gheno asked that they rccdve the same consideration regarding rezoning of
their property as being considered for the subject property.
Mr. Fred Reindl, Applicant, asked that the Commission make a decision and was
favorable to (he subdivision design with a cul-de-sac; such would allow development of
the park area. Howtver, applicants would accept either plan.
MOTION: Com. Claudy moved to close the Public Bea.ring
SECOND: Com. Sorensen VO'IE: Passed
Com. Sorensen was favorable to either aitci:;1ar.ive plan for subdivision.
5-0
Com. Adams noted that p<irk meas should have a perimeter road; however, if the City did
not acquire the adjacent park area, he questioned the best design for the subject property and noted that i.be Commission did not have complete information on adjacent properties ..
Com. Claudy favored the General Plan Policy of having 5trects adjacent to park areas;
there wen! Citywide benefits to be gained from such. Any problems with the backstop on
Blaney Ave. could be mitigated. The City was under no obligation to allow maximum
density on an_r property; hnwe;vcr, a decision on the Gheno property or the Wilson School
site was not required at this time. ·
Com. Szabo concurred with the thf! above and noted the additional parking to be obtained.
Consensus reached by the Commission that if the school site were developed residential, a
row of houses would back up to the drainage channel; the cul-de-sac being considered
could then be extended to service these houses.
Corn. Adams questioned whether the Tentaivc Map Application could Ix dcl;\yc<l a monr.h.
Mr. Kirkeby responded that they had aln:ady been delayed five weeks; he questioned
whether the School District and the City would reach an agreement in tllc next month. He
cited the cost to the City of this potential land acqui:.ition.
MOTION: Com. Sorensen moved the granting of a Negative Declaration
SECOND: Com. Claudy
VOTE: Passed 5-0
MOTION:
SE:COND: VOTl::
Com. Sorensen mov;:d to recommend approval of Application 9-Z-87 SLJbject
to conclusions and subconclusions of this I fearing per the Model Rcs(llutioq.
Com. Claudy
Passed 5-0
PLANNING COMM1SSION MINUTES
Regular Meeling of December 14, 1987
Page 6
PC -533
PUllLIC HEARINGS Continued
MO'nON: Com. Sorensen recommended approval of Application 21-TM-87 subject to
the conclusions and subconclusions o~· this Hearing per the Model Resolurion,
Cond.itkns 1-14; Condition 15, adding a statement giving Staffdiscn~ssion
regarding street design.
SECOND: Com. Szabo
VO'IE: Passed 5-0
Mr. Harold Ghcno noted his strong opposition to the above action; he felt that the design
favored by the Commission would be unfair to him as an adjacent property owner. He noted
that the Applicanr was agreeable to the al1ernatc plan suggestecf.
NEW BUSINESS:
ITEM5
Application 18-U-87 (Amended) -Apple Computer Day Care Ct~ntcr ·· A request to
modify the original use permit.
fu.uff Pres~li.P_n_;, Mr. Cowan reviewed the request for phasing of the proposed day care
operation and presented the t-able comparir,1g the 1985 and 1987 approvals. Staff
rccommendr.:d that the Commission find that this request was a minor amcndmenr; he:
presented revised Conditions of Approval.
.Arm.l.L0.111r's Pres~ntation; Mr. Glen Barber, Director of Real Estate and Facilities for Apple
Computer, reviewed the history of the Application and stated that this request would allow a smaller scale start-up of the opcrntion. He usst1rcd the Commission that Apple intends to
comply with all requirements of the Use Permit.
Ms. Leslie Andrews stated that the proj~:cted date for full operation (installation of the
modular units) would be mid-March or April, 1989.
Ms. Sonj.i Shurr, Cupertino School District, clarified tile entrance to the rear of Portal School
and reviewed the limitations of the lease agrecmcn~ Vv ith Apple. She ~lated that only the
School Distirct could provide a fom1a1 casement agrcemcnl; however, St:.ff could prepare a letter to this effect. Agreements with the City were verbal agreements.
Mr. Jim Martin, 10325 Plum Tree Lane, Cupertino, questioned the entrance to the duy care
operation and asked to participate in the User Committee established by Apple.
Ms. lv1ary Herrnsmeycr, 10450 N. Portal Ave., Cupcrtino, asked that a monument sign not.
be permitted at this location; Chr. Mackenzie noted the procedures necessary to imtall such.
Mr. Barber interjected that Apple would agree that there should be no such :>ign.
Ms. lknnsmeycr asked that the six f')Onth report to Council be made after the center was in
full operation and not merely afrcr a phased operation. Resident~ '.>vcre fomilar with raq1if-
ications of having 70 children pres1:11t; they had not yer experienced impacts of 150 chilcln.:n.
PLANNING COMMISSION MINUTES
Re~ular Meeting of December 14, 1987 Page? PC-533
. l
NEW BUSINESS Corftinue<l
Ms. Andrews responded that they had no objection to an additional report six months after
full operation of the Center.
MOTION: Com. Claudy moved approval of a minor z.mendment of Application 18-U.-85
(Amended) to pennit phased implementation of an approved day cm·e facility,
Conditions 1-5; v.dding Conditions tlrnt the Applicant shall agree to continue Lo
allow the City to access the buildi1)g over leased property and that the User
Committee shall make two repons, r1ne six months after initiation of the oper-
ation and 011e six months after i.mplimentation of the second phase of the operation. ·
SECOND: Com. Adams
VOTE: Passed 5-0
1TEM6
-Repon on the time scheduling of Planning Commission M1;cting. Consensus reached
to meet at 7:30 P.M.
OLD BUSINESS:
-None
REPORT OF THE PLANNING COMMISS!ON:
• Com. Claudy noted that he asked for an investigation of a recently approved Use Permit
REPORT OF THE PLANNING DIRECTOR: -Written Report submitted
DISCUSSION OF NEWSPAPER CLIPPINGS:
• None
ADJOURNMENT: Having concluded its business, the Planning Commission
adjourned at 9:25 P.M. to the next Regular Meeting of January 11, 1988 at 7:30 P.M. \ '
Respectfully submitted,
,/ I / /") / ;/ /; /
.' / 1 / '/ ,// . ~' {_.· //. -.. /, I. -.. ,. .. ~/ / ."111\r // ... · .. 1 ,-1,(/..c:;. (. /'//,rp//',/ ~-+£.j.(,:_ _,...1..J..__.~~·--'.f.,.J:..:_~~U.t.Lr,i,O.d:.J-. Carol A. Probst-Caughey, / /
Recording Secretary J' {/
I. I I i I l I
PLANNING COMMISSION MINUTES Regular Meeting of December 14, 1987
Page 8 PC-533 --------------·---
ADJOURNMENT Continued
Approved by the Planning Commission
At the Regular Meeting of January i. l, 1988
~ ~)~.~~~-Doruud Mac, enz.ie, C · nnan
. --------
Atte~t: -\ ~~ :,,,,/~ P'.??,. ,.
--"-£.-~--Doro hy Co 'us, City Clerk .