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PC 11-08-94 CITY OF CUPERTINO, STA'I'E OF CALIFOFtNIA 10300 Torre Ave. Cupertino, CA 95014 (408) 777-3308 MINU'I'ES OF 'I'HE ADJOUHNED MEE'rING OF 'I'HE PLANNING COMMISSION HELD ON NOVEMBER 8, 1994 SALUTE TO THE FLAG ROLL CALL commissioners Present: Chr. Mahoney Com. Doyle (arrived 6:50 p.m.) Com. Roberts Com. Austin Com. Harris Staff Present: Robert Cowan, Director of Community Development ciddy Wordell, City Planner Colin Jung, Associate Planner Bert viskovich, Public Works Director Charles Kilian, city Attorney Consultants present: Don Skinner, Leon Pirofalo. WRITTEN COMMUNICATIONS - No Discussion POSTPONEMENTS/HEMOVAL FROM CALENDAR - None ORAL COMMUNICATIONS - None CONSENT CALENDAH - None PUBLIC HEARINGS L Application No(s): Applicant: Property Owner: Location: l-GPA-93 and 6-EA-93 Diocese of San Jose Same Assessor Parcel Numbers 342-52-3, 342-5- 54, -56, -59, -60 Located south of 1-280, west of Foothill Blvd. and north of Rancho San Antonio county Park and stevens Creek Blvd. GENERAL PLAN AMENDMENT to change the land use designation from Very Low Density Hesidential 5-20 acre slope density to Very Low Density Residential Foothill Modified l/2 acre slope density with a cap of 293 units. The Diocese amendment. alternatives of San Jose applied for the above General The city Council directed that a total of be analyzed in the Environmental Impact Report. Plan ten ENVIRONMENTAL DETERMINATION: An Environmental Impact Heport was PLANNING CÛf.~J.~ISSION MINUTES Adjourned Meeting, November 8, 1994 Page 2 prepared. Ten alternatives were evaluated. Significant impacts identified related to loss of and intrusion into open space lands; elimination of potential park lands; loss of an intrusion into natural vegetation, wildlife habitat and wetland areas; exposure to adverse geologic condition; storm run-off erosion and pollution; wildfire hazard; visual impacts; water tank failure and leakage; and safety of school crossings. staff Presentation: ci ty Planner Wordell report noting the issues to be discussed at follows: Traffic/circulation; Schools; Electromagnetic Fields (EMF). presented the staff this hearing are as Water Tank; and Com. Austin questioned if any seismic studies had been done, given that buildings on this property were damage during the last earthquake. She also noted hydrology is a concern. In response to Commissioners questions, Ms. Wordell stated hydrology will be covered under Vegetation/Wildlife. She also reviewed the existing General Plan designation for this area and noted that Maryknoll is included in the 5-20 slope density, but is not included in the general plan amendment. Com. Roberts stated the issue of precedence setting is not included in the list of discussion items, he believes this is a major issue. He stated the general plan amendment, if approved, could be precedence setting for other portions of this property which are not part of this ErR and also other properties within the city. SCHOOLS: Mr. Chuck Carr, Director of Business Support Services, Cupertino unit School District, stated the school district spends a great deal of time working on demographic studies. He stated a committee meets twice a year to refine their figures and to see how proposed development will affect them and the mitigation needed. He stated over the last 6 or 7 years they have been mOdernizing schools so they can house more students. He added there are six reserve sites which are available if needed. Mr. Carr stated the developer's fees help meet the physical needs of the students and they receive $3800 per student from the state. He noted they are watching development as it occurs and keep in touch with city staff. He stated if the project is developed as proposed, the schools can handle this. Regarding a crossing guard, Mr. Carr stated they will work with staff to determine which intersection needs a stop-sign or crossing guard. He stated this is weighed on how many children use this crosswalk and how many cars use the same intersection. He noted studies have been done on the intersections near the diocese property, and they believe the intersections are safe for children to cross. PLANNING CO~~4ISSION MINUTES Adjourned Meeting, November 8, 1994 Page 3 Com. Roberts noted that portable students, as addressed by Mr. Corr, issue of quality vs. quantity? units can accommodate the but he stated isn't there a Mr. Carr stated these portable units are used state wide as the schools cannot keep building permanent classrooms. He stated the portable buildings are well built and meet all the structural requirements as any permanent building. He noted they are landscaped as if they are a permanent facility. Com. Harris questioned if there is another street in the city which is as wide as Foothill. Mr. viskovich stated they recently installed a signal on Miller because of segwick school. He also noted there is a crossing guard at stevens Creek and Blaney. He noted they will monitor the intersection near this proposed development and will add a crossing guard if warranted. Mr. Cowan asked if the introduction of new students into the school district change the support staff ratios? Mr. Carr stated that schools are bigger nowadays and if one particular school grows too large they will move students to other schools. He noted this is discussed with the community and the change is gradual. The meeting was opened for public comment. Ms. Nadine Grant, OAKS, stated although the schools have done studies and believe they can handle the growth, the $3800 funds from the state is inadequate. She also expressed concern about the support staff. She stated there is a problem of overcrowding today. Mr. Carr stated the $3800 figure is controlled by Prop 13 and whether adequate or not, it is not a discussion for the planning commission. He noted for every 30 new students another teacher and classroom is required. Mr. Melvin caldwell, 10300 E. Estates Dr., stated second time the school district has appeared before commission to say that they can handle the growth. school issues raised apply to the city as a whole and diocese development. this is the the planning He noted the not just the Com. Harris addressed the matrix as outlined in the staff report and asked if they down grade the impact to not significant for the crossing guard, could they add that this must be reviewed annually if homes are developed? Ciddy Planner Wordell stated they cannot mitigate for unknowns in PLANNING COMMISSION MINUTES Adjourned Meeting, November 8 1994 Page 4 the future. Mr. Viskovich stated based on the volume the development will generate, is this sufficient to meet the crossing guard warrant. He stated it will probably be other factors on Foothill which will warrant the crossing guard. He noted it is difficult to tie a nexus and say that the crossing guard is needed at the development. Mr. viskovich stated crossing guard locations are reviewed annually. Chr. Mahoney stated the school district indicated they could handle 2500 new homes, as stated in the general plan. He also noted the district indicated they could handle the development on the diocese property. Com. Roberts expressed concern about cumulative impacts when considering densities above and beyond the general plan. Mr. Cowan stated 2500 homes is a cap and will remain constant, but the distribution can change. Com. Austin stated the school district assured the commission that they could accommodate 2500 new homes. She stated she feels comfortable after hearing from Mr. Carr. She believes the EIR is adequate with regards to schools. Com. Doyle stated he believes the EIR adequately addresses schools. Com. Roberts stated they have enough information at this time to deal with the school issue. In response to Com. Roberts questions, city Planner Wordell stated there are other mitigations in the EIR which are not included in the matrix. She stated the matrix only addresses issues raised at the last hearing. Com. Harris asked who is responsible for providing a crossing guard? Mr. viskovich stated the city is responsible for the crosslng guard as it is difficult to make a link with the development and the crossing guard. He noted other issues may warrant a crossing guard other than students. Com. Harris stated the city should deal with the crossing guard issue. She stated she would not be in favor of down grading the impact to insignificant, and noted a mitigation measure could be that the city will provide protection as appropriate under its normal standards. Com. Austin stated she concurs. Com. Harris stated they have heard from both school districts who indicated there will be no impact and the funds are adequate to meet their needs. She believes mitigation measure 13-5 is not needed and the mitigation should deal with definable problems. PLl\NNING COMMISSION MINU'l'ES Adjourned Meeting, November 8, 1994 Page 5 WATER TANK Mr. Bert viskovich, Director of Public \~orks, gave some background information on how the proposed water tank will integrate into the system and explained how the pumping system works. He stated the proposed location is at 600 ft. elevation. Com. Doyle asked about flexibility with regards to moving the tank to another location at the same elevation. Mr. Skinner stated the site chosen for the water tank was the only site on the diocese property at the right elevation. He stated there may be other locations across the ravine, but this needs to be studied. Com. Doyle questioned the possibility of moving this to county property? Mr. viskovich stated one of the reasons that the location was sited was to keep it within the property so the developer has full authori ty to grant the right-of-way for the tank. He stated if they go outside the property there are many other issues to deal with. He noted that the existing tank will not withstand potential earthquakes and it leaks today. He stated a water tank is needed regardless of this development. He added the proposed tank is 100 ft. wide and 30 ft. high and will be a 2 million gallon tank. Ms. Wordell stated the visual impact is significant and not fully mitigable. Mr. Skinner addressed the issue of screening the site and noted it is on a narrow mound. He stated they are still discussing the possibility of planting trees for screening and the tank itself can be painted to blend in with the surrounding area. Mr. Viskovich stated there is the possibility of depressing the tank into the ground or putting up a retaining wall and covering it with ivy. In response to Com. Harris' question, Mr. Skinner stated the tank will not be seen from I-280, and it cannot be seen from the trail on the open space land. Mr. Viskovich stated the city needs a tank site and this is an appropriate location because of the potential development. The proposed water tank will serve more than the proposed development. Com. Doyle stated he would like staff to explore the possibility of moving this tank to another location, as it cannot be mitigated in the EIR at its proposed location. PLANNING COMMISSION MINU'l'ES Adjourned Meeting, November 8, 1994 Page 6 Mr. skinner stated they did discuss, with the county, the possibility of placing the tank on their property, but the county expressed concern. He stated it may be a feasible solution, but could not be reached quickly. He added, by moving it onto the county property, they may find a site which would not be as visible. Mr. viskovich stated they also have to consider the location of the major lines to the tank and also the location of earthquake faults. He stated the location proposed is viable because it is on the developer's property. The Commission discussed possible mitigations if the tank is moved to another location. Mr. Cowan stated this can be explored. Mr. Skinner stated considering another location for the water tank can be a condition of approval. He noted if another site is selected, a supplementary EIR would have to be done on the impacts of the tank at the new site. He noted the geologist indicated that regardless of this location or any other location, subsequent detailed geological investigations would have to be done when the detailed information on the tank is available. He noted the planning commission can state, as their intention to explore other alternatives and there impacts. Com. Austin stated she concurs with Com. Doyle and if they are going to consider another location for the water tank it should be part of this study. Mr. Skinner stated the geologist indicated that when the detailed information regarding the tank and access road is available, then it would be necessary to make an examination. He stated based on the information at this time, no serious geological problems were posed. Ms. Nadine Grant stated there seems to be confusion when discussing the EIR and GPA. Mr. Cowan stated these go parallel with each other. Com. Roberts stated he would like to see staff explore more effective ways to mitigate the tank. City Planner Wordell stated that perhaps the mitigations could be proposed or presented in a way to show that it would be less than significant, this may be more acceptable. Com. Harris stated the planning commission should make decisions and suggestions for new mitigations if necessary and move forward on this process. PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 7 Mr. Cowan stated the question is whether the mitigation is feasible? Ms. Wordell stated staff will bring back photos of proposed location and will also look at alternative mitigations. Com. Doyle stated he would like to know the height of the front face of the tank. Mr. Viskovich stated what would be seen is 32 ft. above the ground. Com. Roberts stated he would like to see better photos of what the eye would see. Mr. Skinner stated the original photos of the story poles are in color and he will present these at the next meeting. He will also present photos of existing water tanks in other areas. ELECTROMAGNETIC FIELDS (EMF) Com. Harris addressed the report from the consultants regarding EMF's and Mr. Skinner stated they are recommending more studies as development occurs. Planning Director Cowan stated there is no definitive information at this time regarding EMF's. Mr. Mike Bruner, Sobrato Development, stated the only power line that would impact the 176/192 proposal would be along the PG&E line. He stated they are between ll5 to 130 ft. to the first house from the wire. Com. Austin stated there is concern about EMF's but there are no definite studies at this time. She does not believe this would affect certifying the ErR. Com. Doyle concurred. Com. Roberts stated they need to be careful because this is an unknown, and they should exercise suitable caution. Com. Harris stated after reading various reports regarding EMF's she is concerned about a house being 115 to 130 ft. from a power line. citing studies showing elevated leukemia rates in children tied to EMF's, she noted any development should be considered at the background level distance of two hundred feet. She did not feel that the EIR should state that the impacts of EMF's would not be significant. TRAFFIC/CIRCULATION Mr. Viskovich explained the possible traffic generated by the proposed development, including the traffic generated by the Forum. He reviewed the location of an alternative access road onto Stevens Creek, but it may not get the benefit for the cost of the road. He stated if the few cars that are diverted mitigate the problem, the commission may want to have the alternative access. He added PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 8 they would also have to address the requirements of Southern Pacific. He stated that staff believes the existing road will be able to handle the additional traffic. He stated Cristo Rey Drive does not have a residential frontage, therefore does not create a significant impact. He added if st. Joseph's Ave. was opened it would be utilized, but based on the facts today, they had to assume this road is closed. Com. Roberts stated the traffic on Foothill is approximately 25,000 vehicles per day. He expressed concern about safety on Cristo Rey and noted there are no sidewalks. Mr. viskovich stated there are no parked cars on Cristo Rey and no driveways with cars going in and out. He noted the narrower road keeps the speed down. He also pointed out that there are sidewalks on one side of the street. Ms. Diane Morena Ikeda, Co-Chair FAIR, stated if the city of Los Altos would open up st. Joseph's Avenue some of the traffic could be redirected. She noted the road is in place and should be used. She suggested the planning commission consider this. Fr. Mitchell, Diocese of San Jose, addressed Mayor Bruno's letter dated October 27, 1994, regarding the closure of st. Joseph's Avenue. He also addressed the city of Los Altos request that the developer should discharge the obligation of the city of Los Altos to maintain its roads on the proposition that the developer should pay half of the local costs for the seismic retrofit of the bridge. He expressed concern about such costs being passed onto the residents of Cupertino. Ms. Nadine Grant, OAKS, stated she would like clarification on the date of the study regarding the ADT's. Mr. Viskovich stated the studies are current. She noted a number of items were left open at the last meeting and noted she has not heard any response to these. city Planner Wordell stated the final responses to comments that will go from the planning commission to the council will be published at the time the planning commission wraps up their consideration. Ms. Grant stated the noise mitigation is a concern and has not been addressed. Chr. Mahoney stated the red legged frog will be addressed at the next meeting. Mr. Mike Bruner stated the reason why the other side of the ravine was eliminated for the consideration for the water tank was the fact that it was a steeper access route. Also there would be less trees impacted at the proposed location. PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 9 Com. Roberts addressed the traffic impact from the Forum noting this is greater than was foreseen. He stated if the traffic was reevaluated it would be a larger impact and asked should this be considered in the present environmental impact report? Mr. Cowan stated when the Forum was approved it was based on traffic as well as the slope density formula. He explained Condition 25 as written in the conditions of approval for the Forum project. He stated the traffic analysis done in 1985 for the Forum development was based on lower trip counts. He noted traffic was a concern in 1985, but was not the primary emphasis that changed the numbers. city Planner Wordell reviewed the Diocese General Plan Amendment Flow Chart - ll/8/94. It was a consensus of the Commission that no further seismic information was needed at this time. It was a consensus to continue this hearing to December 6, 1994. 2. Application No: Applicant: Property Owner(s): Location: 81,152 city of Cupertino various Properties along or near stevens Creek Blvd. from Highway 85 to the eastern city limits. HEART OF THE CITY SPECIFIC PLAN meeting to review the progress of the work on the draft land use and development character policies, development standards and design guidelines, and financing of streetscape and other improvements. subject: Land Use and Housing. Associate Planner Jung presented the staff report noting the discussion at this meeting will be limited to the land use component, which include a specific plan land use and development policies and a land use map which also identifies candidate housing sites. He presented the land use map noting the policies and map are premised on two general principals: a) Provide a mixture of land uses that promotes activity; b) Provide additional housing along the boulevard. Mr. Jung reviewed the land use and development approach as outlined in the staff report. He noted he would like input from the Planning commission with regards to the activity centers. He outlined and reviewed the potential uses for the activity centers. Associate Planner Jung discussed the housing policy noting the general plan calls for additional housing along the boulevard. He PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 10 reviewed the areas for potential housing as outlined on Exhibit D in the staff report. He stated the purpose of the land use plan is to identify some future land uses, should the existing businesses change. He also reviewed the density proposals as outlined in the staff report. In response to Com. Doyle's questions, Mr. Cowan stated a location for a big box retail was not identified, but the most likely location would be in Vallco Park. The Planning Commission discussed including the old post office Chevrolet. other possible sites for housing and the land behind Davidson Com. Harris asked why the number of housing has increased since the original general plan objective? Mr. Jung stated it was not staff's intent to increase the general plan objective, but to demonstrate that there are a number of sites that could fall into the 500 cap. He stated staff has presented a list of potential sites. He noted the City Center project was approved for 120 units. Com. Harris addressed the design guidelines for the activity nodes. Mr. Jung stated the design guidelines proposed by Michael Freedman are for the streetscape. He noted design guidelines are meant to address buildings fronting on stevens Creek Blvd., and not designed to address developments and the activity centers. He noted the funding for design guidelines for the three activity centers was not included in the budget. Mr. Cowan stated in the streetscape map there are three distinct patterns being proposed. He stated in terms of the streets cape there will be continuity between all three activity centers. Com. Harris asked the reason for identifying the three activity centers? Mr. Jung stated activity in these similar uses. it is appropriate to concentrate development three areas and staff believes it should be of Chr. Mahoney stated at the current densities the city may have more housing than the city thought they would need. He asked if this provides the flexibility to reduce the densities? Mr. Jung stated, city wide, they have more land for housing than what will be built. He noted the densities can be reduced. Mr. Cowan stated there is a cap of 500 units. PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 11 Chr. Mahoney asked about the density bonus? Mr. Jung stated the density bonus law has been in affect for many years and has not been utilized. Mr. Jung stated that housing is located outside of the activity centers with the exception of the city Center area which is appropriate for high density housing. The commission discussed the requirements for parks. Mr. Jung stated this issue was discussed with the parks and recreation commission and it was staff's and the commission's opinion that it would be difficult to find a 3 acre park on stevens Creek Blvd. Mr. Jung pointed out that the park ratio is 3 acres per 1000 residents. He stated given the distribution of the housing units staff felt that no one park could accommodate the housing proposed along stevens Creek. He noted staff took a look at the park and recreational facilities available in this area and staff believe the residential proposed is well served with the existing facilities. He stated staff proposed to the parks and recreation commission that a 3 l/2 acre park in this area would be infeasible, and the commission concurred. The commission stated that private recreation should be considered as well as considering passive open space as part of any development. Mr. Farokh Deboo, 10257 Nile Dr., noted that out of the 500 units proposed 120 units have been approved to the City Center. He stated he does not see how there can be 500 units along stevens Creek and the numbers presented are not very clear. He suggested that the parks and recreation reconsider their recommendation and may be use the triangle piece of property in city Center area for open space. He stated he would like to be involved in any hearings regarding this matter. He stated the density numbers need to be a little more concrete for city Center. Mr. Jung explained how the density acreage was calculated for the City Center area. He stated the 120 unit project approval did get credit for a park. Ms. Nancy Burnett, 729 Stendhal Ln., stated it was her understanding that during the general plan hearings the height of buildings would be 3D ft. for properties which abut existing residential and 45 ft. elsewhere. She noted this may need to be addressed. Regarding the parks, Ms. Burnett stated the general plan does provide for pocket parks and maybe a stronger look at the area may reveal small parcels that could be used as pocket parks. She stated her neighborhood would like to use segwick School for recreational purposes, but it is gated off. Mr. Cowan stated the parks and recreation commission looked at the possibility of pocket parks and made the recommendation as stated PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 12 earlier. Mr. Jung noted some of the larger projects proposed for housing will have private recreation. Mr. Cowan stated Vallco Park area has land set aside for housing and if this is developed, the question of a park in this area will be raised. Corn. Austin stated sites for housing can be identified, but they should not be specific as to the number of units on each site. Chr. Mahoney stated some guidelines are needed. Corn. Austin stated she would also support housing in the activity centers as mixed use. In response to Chr. Mahoney's question regarding requiring housing, Mr. Jung stated if they don't require housing it won't be developed. He believes specif ic sites should be identif ied in order to achieve the general plan goals. Mr. Cowan stated the distribution of the units may need to be changed. Corn. Doyle stated if the city requires a 3 acre park, there needs to be the density to utilize it and this will not work with what is proposed along the boulevard. He stated as the units are distributed it would be difficult to meet the requirement of mass transit. with regards to housing, Com. Doyle stated the concept should be that the nodes have specific applications with housing in between. He stated they need a better definition of what constitutes a node and what are the benefits of being in the Heart of the City? All commissioners concurred that they should expand the boundaries of the crossroads. Chr. Mahoney stated he would like more specific information as to why the parks and recreation commission did not consider pocket parks. Corn. Roberts concurred. Mr. Cowan stated staff will provide more information on this. Corn. Roberts questioned the overlay use and asked what happened to the mixed-use? Mr. Jung stated the residential overlay will have some residential component. He noted he will make this language stronger. Corn. Harris stated if the maximum density is calculated they have over 1000 units and this needs to be considered. She noted there PLANNING COMMISSION MINUTES Adjourned Meeting, November 8, 1994 Page 13 may need to be lower category of density. Mr. Cowan stated the most valid sites for housing will be selected and the density will be on the lower end of the scale. He noted that the planning commission will have and annual general plan review and staff will update the commission on the status of housing development. In response to Com. Harris' question regarding a big box retail, Mr. Cowan stated Vallco would like this on their property. Com. Harris pointed out that the frontage of site #8 on stevens Creek should remain commercial. She also noted that both sides of the major street should be included in the specific plan. She stated that the north side of stevens Creek Blvd. should be included in the civic center activity center and also the west side of De Anza Blvd. Mr. Jung stated he excluded the property addressed by Com. Harris because he does not believe much higher density is appropriate in these areas, because of the shallow lots and the balance between parking and landscaping. Mr. Jung stated that Mr. Freedman pointed out that if the city is trying to create a signature street, they should not make every street the same signature. Com. Harris stated that open space needs to be provided for the residents. She noted school sites are good recreational areas, but do not replace parks and she would not be opposed to pocket parks. She also said that the she did not feel the private space in developments would replace the need for residents to have park space outside the development. Chr. Mahoney stated they should look at densities as it relates to adjacent uses, particularly residential uses. He does not believe that 45 ft. height adjacent to single family homes is compatible. He stated that the NE corner of Stevens Creek and De Anza should be included in the activity center. with regards to noticing, Mr. Cowan stated notices are sent to all property owners in a uniform basis. He stated it may be appropriate to send out more direct notices to property owners. The commission concurred. Com. Doyle stated he is opposed to specifically identifying lots and the densities and would like more information on this. He noted high density next to single family residential will be a concern and needs to be mitigated. Mr. Jung stated the next meeting will address design principals which will include buffers to adjacent uses. It was a consensus of the commission to continue this discussion to the meeting of December 12, 1994.