PC 02-28-94
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
cupertino, CA 95014
(408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
MEETING HELD ON FEBRUARY 28, 1994.
ORDER OF BUSINESS
SALUTE TO THE FLAG
ROLL CALL
commissioners Present:
Chr. Mahoney
Vice Chr. Doyle
Commissioner Harris
commissioner Austin
commissioners Absent:
commissioner Roberts
Staff Present:
Bob Cowan, Director of Community Development
City Wordell, city Planner
Colin Jung, Associate Planner
Vera Gill, Housing Specialist
APPROVAL OF THE MINUTES:
Com. Harris amended the minutes of February 14, 1994 as follows:
Page l4, third paragraph from bottom, last sentence should read
"She noted she would like to see additional lighting and was
concerned about safety."
MOTION:
Com. Austin moved to approve the minutes of February 14,
1994, as amended
Com. Doyle
Passed 4-0-1
Com. Roberts
SECOND:
VOTE:
ABSENT:
WRITTEN COMMUNICATIONS:
- No Discussion
POSTPONEMENTS/REMOVAL FROM CALENDAR:
- None
ORAL COMMUNICATIONS:
- None
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Paqe 2
CONSENT CALENDAR:
1.
Application No:
Applicant:
Property Owner:
Location:
2-ASA-94
San Pedro Electric Sign Co.
cathay Bank
10480 S. De Anza Blvd., Northeast corner
of De Anza Blvd. and Pacific Dr.
Requesting an exception of the Sign Ordinance to allow a wall
sign to exceed the height limit allowed by Chapter l7.24 of
the Municipal Code.
Com. Harris requested item 1 of the Consent Calendar be removed for
discussion.
Com. Harris expressed concern about the 48 inch sign and noted this
goes beyond the previous sign ordinance. She suggested the logo be
36 inches. She noted the sign as proposed on the front elevation
almost goes to the roof line.
Com. Austin stated the staff report indicates that the main reason
for requesting a 48 inch logo is that, if the intricate characters
within the logo become smaller than l8 inches, it makes them
functionally illegible.
Mr. Mark Frank, San Pedro Electric Sign Co., presented photos of a
48 inch logo on another location.
Mr. Cowan stated there was a sign program for this building which
allowed for 36 inches.
Com. Doyle stated he would support a 36 inch logo at this time.
Chr. Mahoney and Com. Austin stated they would support the sign as
proposed.
Mr. Frank offered a compromise of a 42 inch logo.
Com. Doyle stated he would support the 42 inch logo.
MOTION:
Com. Austin moved to approve 2-ASA-94 subject to the
findings and subconclusions of the hearing with the
amendment that the logo will be 42 inches on both the
front and rear elevation.
Com. Doyle
Passed 3-1-1
Com. Harris
Com. Roberts
SECOND:
VOTE:
NOES:
ABSENT:
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Paqe 3
Mr. Cowan stated that there is now a $100 fee for an appeal. The
fee will be returned if the appeal is granted.
PUBLIC HEARING:
2. Application l-GPA-94 and 3-EA-94: Consideration of amendments
to the Housing Element of the General Plan.
staff Presentation: ci ty Planner Wordell presented the staff
report noting this is before the Planning commission to review the
amendments made by staff as a result of HCD' s comments. She
stated staff would like direction from the Planning Commission at
this hearing and then it will be reviewed again at another public
hearing. Ms. Wordell presented background information on the
Housing Element and noted Cupertino's General Plan identifies that
the city needs to provide adequate sites for 2513 housing units,
spread among the different incomes.
ci ty Planner Wordell reviewed
amendments as follows:
HCD's comments and the possible
HCD Comment:
Identifies 260 unit shortfall of adequate sites.
possible Amendment:
Identify sites to supplement the undesignated and Bubb Road sites.
Conduct the Bubb Road feasibility study in the fall. If determined
that residential uses are not feasible, rely on supplemental sites.
HCD Comment:
Include programs to increase development of 1,103 units.
possible Amendment:
Allow Flexible development standards.
HCD Comment:
Promote specific plan potential: include completion dates and type
and affordability of proposed units.
Possible Amendment:
Add specific plan completion dates.
Determine type and affordability of Heart of the City units in next
2-3 months, and the remaining planning districts in the fall.
HCD Comment:
Describe incentives
housing. commi t to
which encourage higher density/mixed use
land use/zoning changes for development on
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Page 4
Bandley Drive, Bubb Road, stevens Creek Blvd.
possible Amendment:
Incentives are already described. Studies of Bubb Road, Bandley
Drive, Stevens Creek Blvd., Vallco and North De Anza and other
areas would indicate a commitment to land use and zoning.
HCD Comment:
Include more specific program actions.
Possible Amendment:
Amendments to Programs 5, 12, 18, 19 and 23 are proposed.
Ms. Wordell answered questions and concerns of the Commission.
Ms. Wordell stated they could provide a General Plan range for a
specific area, as opposed to a specific number. She noted one of
the first sites the Planning Commission will study will be the
Heart of the city Specific Plan and specific sites will be shown
wi th a range. She stated there is a policy which encourages
development at the high end of the range, because the housing units
are needed. She added it will take some time to do the studies
regarding the type and affordability of homes.
Ms. Wordell stated they would like to receive a letter of
compliance from the State before doing the Bubb Road study and if
they can identify other sites as well as Bubb Road, they would have
a bigger pool to draw from. She stated she believes they can reach
the number required by the State because of zoning changes for
apartments and sites not yet identified.
Com. Austin expressed concern about the City revising development
standards to increase densities and/or reduce parking or other
development standards.
City Planner Wordell stated a parking analysis will be done on each
site. In response to Com. Austin's question, Ms. Wordell stated
the City Center will be looked at as a planning area and will then
identify the housing the site can accommodate. She noted there
will be a specific zoning plan for this area, as a result of the
Stevens Creek Blvd. Specific Plan.
Com. Austin stated she would be interested in studying Stevens
Creek Market and believes it would be an appropriate place for
apartments.
--
In response to Com. Harris' question,
Affordable Housing Committee has not been
specific sites for affordable housing.
Ms. Gill stated the
requested to identify
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
paqe 5
commissioners Comments on Amendments.
Amendment #1:
Com. Harris stated the City should get a certificate of compliance
and would support 1 a. and b. as it allows flexibility.
There was a consensus to support 1 a. and b.
Amendment #2:
Com. Austin expressed
Wordell stated there
development.
concern about sacrificing
may be shared parking
parking. Ms.
for mixed-use
Mr. Cowan stated more studies regarding parking, will be conducted.
In response to Com. Harris' question, Ms. Wordell stated regarding
reduced setbacks, they are considering semi-detached housing.
Com. Harris stated she would like to see more examples listed. She
also expressed concern about infill projects and stated that the
integrity of the neighborhood needs to be maintained, and would
like to see more specific examples.
Chr. Mahoney expressed concern about listing examples and being
specific. Ms. Wordell stated they do have pOlicies regarding
neighborhood protection.
The Commissioners agreed to include examples, using the words "such
as.... .11
Com. Doyle stated he would support the examples, but would not like
these to restrict the Planning commission in the future.
Com. Austin stated the number of affordable housing required should
be specified.
Amendment #3:
Ms. Wordell stated staff will come back with specific sites and
numbers for the Heart of the city. She reviewed photos of density
projects throughout Cupertino and neighboring cities.
Amendment # 4 :
No comments.
Amendment #5:
Com. Harris asked if staff encouraged local
organizations to develop housing for the elderly. She
Rotary Club built low cost housing in Central San Jose.
non-profit
noted the
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Page 6
Ms. Gill stated they are working with non-profit developers as well
as school districts and churches to include them in the planning
process and the affordable housing pOlicy areas.
Ms. Gill reviewed programs 12, 18, 19 and 23. She noted they
strengthened the wording as requested by the state.
Program 18:
Ms. Gill explained the BMR in-lieu fees.
from developers who could not meet
mi tigation requirement. She stated
developers to build BMR units on site.
She noted these are fees
the affordable housing
the City now encourages
Program 19:
Com. Harris suggested adding the words "community groups". She
also noted she did not feel comfortable including school district
land in this section as vacant school district land seems to be
part of the open space within the City.
Mr. Cowan stated the city and the School District participated in
the joint development of several schools in the area and part of
the land was acquired for open space and part sold for development.
He stated there is a parks element to the General Plan that
designates for potential acquisition of school sites.
City Planner Wordell stated that Program 19 does not mandate school
sites to be housing, but may be one of the potential uses.
Com. Harris stated she would like to leave school districts out of
this section.
Ms. Wordell stated schools are a candidate for lands the City may
be interested in for housing. She stated it would be noticeable if
it was removed.
Program 23:
In response to Com. Harris' question, Ms. Gill stated the fee
waived would be $1000.
Com. Harris suggested changing the word "could" to "would" in
Policy 3-1.
Chr. Mahoney opened the public hearing.
MOTION:
Com. Harris moved to continue l-GPA-94 and 3-EA-94 to the
meeting of March 28, 1994.
Com. Doyle
Passed 4-0-1
Com. Roberts
SECOND:
VOTE:
ABSENT:
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Page 7
OLD BUSINESS:
3. City Council request for a report on the February 4, 1994,
Berg & Berg notice of appeal of File No. 10-l¡-93 (Mod.), a
modification of a use permit to delete day care activities,
consider offsite parkinq controls and consider other activity
limitations for a proposed church at 10340 Bubb Road, APN 357-
20-019.
staff Presentation: Associate Planner Jung presented the staff
report and noted on February 7, 1994 the city Council requested
that the Environmental Review Committee and the Planning commission
report of the Berg and Berg appeal of the Planning commission
decision on file no. 10-l¡-93. He noted the ERC did review this
project on February 24, 1994.
In response to Com. Harris' question, Mr. Jung stated the General
Plan Land Use designation for this property is
Industrial/Residential, but there is a policy in the General Plan
that allows Quasi public uses to go into any land use designation,
upon zoning approval.
Associate Planner Jung reviewed, for the public record,
responses to Berg & Berg appeal letter as outlined in the
report and answered questions of the Commission.
staff
staff
In response to Com. Doyle's question, Mr. Jung stated the Risk
Management Program is required by the state and administered
through the County. He also noted that the Environmental Review
Committee reviewed the report and determined on a 5-0 vote that
there were no new significant environmental impacts related to the
project and upheld its previous recommendation of a Negative
Declaration for the project.
Mr. Jung stated staff recommends that the Commission forward a
"report" resolution to the City council stating the following:
1. The appeal letter prepared by Reed, Elliott, Creech & Roth on
behalf of Berg and Berg Developers dated February 4, 1994,
pUblic testimony presented on February 28 and the
Environmental Review Committee's action of February 24, 1994
was given careful consideration.
2. The use permit approved by the Planning Commission for the
proposed church to be located at 10340 Bubb Road provides
adequate regulatory control to ensure that future church
related activities will not have an adverse effect on the
environment.
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Page 8
Chr. Mahoney asked for response from the appellant, but received no
response.
Mr. Jim Jackson, representing the Church,
his thorough report and will answer
Commission.
MOTION:
SECOND:
VOTE:
ABSTAIN:
ABSENT:
commended Mr. Jung for
any questions of the
Com. Austin moved to approve staff
listed above, subject to the findings
of the hearing.
Com. Doyle
Passed
Com. Harris
Com. Roberts
recommendations as
and subconclusions
3-0-2
Com. Harris stated she would abstain because she was not involved
in the original decision.
NEW BUSINESS:
4. Selection of representative to the Environmental Review
Committee.
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Mahoney
representative
Com. Harris
Passed
Com. Roberts
moved to nominate Com. Roberts as the
to the Environmental Review Committee
4-0-1
5. Selection of alternate representative to the Environmental
Review Committee.
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Doyle moved to nominate Com. Mahoney as an alternate
representative.
Com. Austin
Passed 4-0-1
Com. Roberts
6. Selection of "ad-hoc" representative to the Affordable Housing
Committee.
MOTION:
SECOND:
VOTE:
ABSENT:
Com. Mahoney moved to nominate Com. Austin as the as-hoc
representative
Com. Harris
Passed 4-0-1
Com. Roberts.
REPORT OF THE PLANNING COMMISSION
The Planning commission briefly discussed the San Jose Mercury News
PLANNING COMMISSION MINUTES
Regular Meeting of February 28, 1994
Page 9
article regarding risk from Thurst Faults as reviewed in the
Director's report.
Mr. Cowan stated he talked to Mr. William Cotton, and his opinion
was that the trust faults have already been treated in the west
Valley area and the city has maintained setback requirements. He
also feels the city has provided a reasonable level of safety in
the General Plan Seismic Safety Element and in the procedures. Mr.
Cowan stated if the state indicates that these faults are now
active faults, additional work will have to be done. He added the
City does not have to do anything further at this time.
Com. Doyle stated he would like more information regarding this.
Com. Harris asked if any comment from the City was going to be made
about these faults?
Mr. Cowan stated he will address this issue with the city Manager.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
- None
DISCUSSION OF NEWSPAPER CLIPPINGS
- None
ADJOURNMENT:
Having concluded business, the Planning commission
adjourned at 8:55 p.m. to the next Regular Meeting
of March 14, 1994, at 6:45 p.m.
Respectfully submitted,
~'1V M {("Q,JJû,rJ
Catherine M. Robillard
Minutes Clerk
Approved by the Planning Commission at the
Regui!r M~ting of March 14, 1994
tl~ /¡( [7
orrin MahoneY Chair
Attest:
~5Pu7L
Kim smith, city Clerk
AM~e.d 3 -lit -q 4