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PC 10-28-91 " CI~Y OF CUPERTINO, STATE OF CALIFORNIA l03DO Torre Avenue r---- Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 28, 1991 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman Mackenzie vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austin Staff Present: Robert Cowan, Director of Community Development Ciddy Wordell, City Planner Michele Bjurman, Planner II Blaine Snyder, Director of Finance Cheryl Kershner, Deputy city Attorney APPROVAL OF MINUTES: SECOND: VOTE: Com. Fazekas moved to approve the minutes of October 16, 1991, as presented Com. Austin Passed 5-0 MOTION: POSTPONEMENTS OR NEW AGENDA ITEMS: Item 2: Application 5-TM-91 Withdrawn Richard and Nellie Garcia WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Re~ular Meeting of October 28, 1991 Page 2 PUBLIC HEARINGS: 1. Application No(s): Applicant: Property Owner: Project Location: 36-U-86 (Revised) and 6-EA-89 Torre Avenue properties Same 10100 Torre Ave. AMENDMENT to delete requirement to designate 15 parking spaces in garage at 10100 Torre Avenue for Chateau Cupertino residents. staff Presentation: Planning Director Cowan presented the staff report. He stated the request is for the deletion of the requirement to provide 15 parking spaces for residents of Chateau cupertino. He noted at the time of the condition there was a parking problem, but after surveys done by staff, parking is adequate as is. Mr. Cowan stated the highest occupancy of the parking lot is 61 percent. Applicant Presentation: Mr. Paul Hogan stated he had nothing further to add to the staff report, but will answer any questions. The public hearing was opened. Mr. James Metha, resident Chateau cupertino, noted at the present time there is no shortage for parking, but a problem may arise in the future. He suggested that the applicant provide some addi tional parking. He stated there are no covered parking at Chateau cupertino and the additional 15 are covered. Chr. Mackenzie closed the public hearing. Com. Austin expressed concern regarding the times of the surveys conducted by staff. Mr. Cowan stated evenings and holidays were not surveyed. He stated there is a greater need for parking spaces when a facility of this type opens, but as time goes on the need levels out. He noted the employees park off-site and the 10 required for employees would remain. Corn. Fazekas stated he sees no need for the additional parking spaces. Mr. Cowan noted that this their responsibility to residents. is a management run facility and it is match the need for parking for the Com. Austin expressed concern about deleting the parking spaces because of population changes in the future. She noted when visiting the site as a guest, parking was not adequate. PLANNING COMMISSION MINUTES Regular Meeting of October 28, 1991 Page 3 Com. Mann expressed concern regarding the lack of parking when the building is fully occupied. She suggested not deleting the spaces at this time and to be reviewed in one year. MOTION: Corn. Fazekas moved to approve 36-U-86 to the findings and subconclusions of Com. Mahoney Passed Com. Austin, Com. Mann (Revised) subject the hearing. SECOND: VOTE: NOES: 3-2 3. Application No(s): Applicant: Property Owner: Project Location: 3-Z-91 City of Cupertino Peter Hubbick Trustee 10700 Clubhouse Lane REZONING of approximately 53 acres gross from Agricultural Single-family Residential (A1) to Private Recreational or other such zoning classification as deemed appropriate by the Planning commission or City Council. Chr. Mackenzie noted that the Brown Act prohibits him, Com. Austin and Corn. Mahoney to participate in this hearing as they have a partial ownership in property, a portion of which is within three hundred feet of the property under discussion. Chr. Mackenzie and Corn. Mahoney left the hearing and Com. Austin remained for voting purposes only. Staff Presentation: Planner Bjurman reiterated comments from the staff report. She noted the property owner is requesting a General Plan Amendment to allow residential uses. She noted the General Plan designation is private/recreational. Staff does not feel the applicant meets the criteria required for a General Plan Amendment and are recommending there not be a public hearing. The second request is a City initiated rezoning of property She noted State Law mandates the zoning ordinance be consistent with the General Plan and staff are recommending approval. ADPl icant Presentation: Mr. Eric Bracher, 19542 Chardonnay, Saratoga, noted he is part owner of the property. He stated they are not aSking that the whole property be rezoned. He noted staff made reference to Flood Plain, he stated this is not a Flood Plain Zone and passed out copies of a flood insurance rate map which indicates that this property is flood zone and residential can be buil t. Regarding the rezoning, Mr. Bracher stated there are negotiations with a third party, also involving the City in acquiring the golf course. He noted the staff report mentions that the development of residential units on this property would result in the reduction of private recreation/open space, which is counter to the General Plan Goal for more housing. Mr. Bracher stated the lease for the Golf PLANNING COMMISSION MINUTES Regular Meeting of october 28, 1991 Page 4 Course runs for another 23 years, so no development can occur on this portion. Mr. Peter HUbbick stated he is confused with the process. He stated the property has not been in compliance with the General Plan for 17 years and why must this be changed immediately. He feels their request for the General Plan change is a compromise, it supplies open space as well as residential units required by the General Plan. He requested a continuance so as to prepare a presentation. The public hearing was opened. Mr. Phil zeitman, 22907 cricket Hill, representing CURB, stated in viewing the map it seems like the golf course will be eliminated. He urged the Commission to retain this property as Private recreation. He supported a continuation of this project for 23 years and then be readdressed. In response to Com. Mann's question regarding ownership, Mr. Bracher stated the golf course is a business enterprise, the property itself is owned by him, his sister and Mr. Hubbick. Vice Chair Fazekas closed the public hearing. Com. Mann stated she does not feel the criteria is met to consider the General Plan Amendment and questioned if this can be consider when reviewing the General Plan overall. Corn. Fazekas concurred that a public hearing is not justified and agrees with the staff findings. Regarding the zone change, Com. Mann stated she would agree that it should be changed over to private recreational. Corn. Fazekas stated a flood plain and flood zone are one in the same, he noted this is a ma jor inconsistency that should be corrected. He noted he would be interested in seeing the dam break maps. MOTION: Com. Mann moved to recommend denial of the request for a public hearing for a General Plan Amendment from Private Recreation to Private RecreationjMed-Low Density Residential. Com. Fazekas Passed 3-0 Chr. Mackenzie, Com. Mahoney SECOND: VOTE: ABSTAIN PLANNING COMMISSION MINUTES Regular Meeting of October 28, 1991 Page 5 MOTION: Com. Mann moved to the findings Corn. Fazekas Passed Chr. Mackenzie, to recommend approval of 3-Z-91 subject and subconclusions of the hearing. SECOND: VOTE: ABSTAIN: 3-0 Com. Mahoney 4. APPLICATION 3-GPA-90 - CITY OF CUPERTINO: ADJOURNED PUBLIC HEARING to continue discussion of the General Plan, including goals and technical analysis. staff Presentation: Planner Bjurman presented the staff report. She noted water and fire will be discussed at this hearing. She noted Central Fire have indicated that they can provide fire suppression services under all land use operations with an increase in personnel and equipment. Ms. Bjurman reiterated comments from the staff report relating to the existing, intermediate and increased scenarios. She noted the 10 percent increase in costs is not a cost to the City of Cupertino. She noted two comments made by the Central Fire. One was low pressure areas Ms. Bjurman pointed these out on the City map. Upgrading of water pressure will be done in fiscal year 92 which will address concerns of the water district. She noted one of the policies to address this concern is to encourage private and public water utilities to continue to work with the Central Fire District. Another concern was regarding continued development under the Scenarios, and development in the hillsides. Central Fire have requested that they be involved in any development of property to identify minor and major concerns regarding fire safety. Ms. Bjurman reviewed the policy options as outlined in the staff report. In response to Com. Austin's question, Ms. Bjurman stated there are areas in the City which are not allowed shake roofs. Mr. Cowan noted staff did spend time with the Central Fire District in 1975 and planned fire safety in the hillsides. He stated this can be reviewed and more stringent requirements may be involved. In response to Chr. Mackenzie's question Ms. Bjurman stated the 10% increase is over the existing General Plan. Mr. Cowan stated that Central Fire have indicated they can accommodate fire services within the scenarios. Com. Mann expressed concern regarding the grades in the and the difficulty of fire services reaching these ares. expressed concern regarding water pressure. hillsides She also Mr. Cowan stated the water lines have been upgraded. Mr. Clay Schofield, District Manager, Cal. water, noted the low pressure is filed with the Public utilities commission as being PLANNING COMMISSION MINUTES Regular Meeting of october 28, 1991 Page 6 slightly under the 40 pounds required. It is primarily a residential area. He noted the fire protection flow is adequate for the residential. He noted there are plans in the 1992 budget to upgrade all of cupertino service area. The Cal. Water would work with Central Fire to design a water system which would meet their requirements. There is no cost to the City budget. Discussion on Economic Development was continued. City Planner Wordell stated the focus of the economic analysis is the effect on city finances and the ability of future economic development. She noted projections are that, for the next few years, the gap between revenue and expenditures will narrow, this is outlined in the staff report. She stated most of the City's revenues are generated from taxes, mostly sales tax with property tax being less significant. The greatest contributor to sales tax is department stores. Mr. Blaine Synder, Finance Director explained the user tax. Ms. Wordell noted that ABAG expects Cupertino to have continued job growth and the greatest increase would be in the service areas. She noted the companies located in cupertino are requesting expansions, this results in the job growth. Mr. Cowan stated that although the major companies in the City are requesting expansion, there will also be internal consolidation. Regarding retail growth, City Planner Wordell reiterated figures from the Sedgeway report. She noted the difference of 1.7 million s.f. will be in PD areas. Mr. Cowan noted 500,000 will be in Vallco. Ms. Wordell explained the difference between ABAG's figures and the City's figures regarding job growth. She noted ABAG's figures are based on head counts and the City's figures are based on density, per 1000 s.f. In response to Com. Mann's question regarding housing needed, Ms. Wordell stated ABAG used a complicated formula, but the city will have a nexus study available in the near future. Com. Fazekas questioned the City's build out and if the City will ever reach 100% General Plan build out. Mr. Cowan stated the build that will add on 2000 s.f. factor every month. out assumes every parcel in the city He noted there is a certain vacancy Mr. Blaine Synder stated he will go through the assumptions to help better understand them. He noted the numbers are based on today's PLANNING COMMISSION MINUTES Regular Meeting of October 28, 1991 Page 7 population. He stated for Law Enforcement, Public Works and Code Enforcement he calculated it in day and night time populations to get the cost per capita in non-residential. As far as residential areas, Mr. Synder outlined the costs. Mr. synder explained the one time revenue assumptions. Mr. Synder went on to explain the annual revenue in current dollars, both residential and non-residential. He explained how the numbers were figured as explained in the staff report. Mr. synder explained Trail Court Funding, noting the City will be getting a greater share of property tax from 3 cents up to a maximum 7 cents in every dollar. Regarding utility tax, non- residential is $0.20 per s.f. and residential is $25 per housing unit. Franchise Tax is a source of revenue and is $0.067 per s.f. Gas Tax is standard. He stated there is a desire for revenue sharing, for housing mitigation in other cities. Areas which are vulnerable are cigarette Tax and Motor Vehicle Lieu. City Planner Wordell explained the grand totals for the annual revenue and costs. Mr. Snyder explained the chart on page 13 in the staff report stating that if development occurred according to the four scenarios this is the annual revenue that the city's general fund could expect to get in today's dollars. The Commissioners discussed the chart as explained by Mr. snyder. Com. Fazekas questioned if there is a better way to structure the General Plan that would be financially better for the city. Mr. Cowan stated this is the intermediate and increased plan. Mr. Synder stated in terms of the City's finance the annual revenues are more important. Com. Mahoney feels the one time costs are very important. Mr. Synder stated a good portion of the park dedication tax and construction tax will be spent for improvements or expansion of parks. In response to Com. Fazekas' question regarding the gap from intermediate to increase alternatives, Mr. Cowan stated the major property owners want significant increases beyond 20 percent. Mr. snyder noted additional staff costs were not added to the fiscal impact analysis. In response to Corn. not break down residential. Fazekas' question Ms. Wordell stated they did commercial/industrial/office, it was non- PLANNING COMMISSION MINUTES Regular Meeting of October 28, 1991 Page 8 Mr. cowan stated the Commission will custom the fiscal analysis based on the final land use plan selected. City Planner Wordell explained the revenues and costs if non- residential was kept the same as the existing general plan and went to the intermediate for housing. The increased alternative for housing adds more housing and will be a fiscal benefit for the city, but not as much if both were raised. The Commissioners discussed the revenue and development both commercial and residential. for itself. costs related to new Residential will pay Mr. Synder stated more residential is more people using City services, but user fees will pay for additional staff, if needed. Mr. Cowan noted when a portion of San Jose was annexed into Cupertino, full-time positions actually reduced. In response to Com. Fazekas' question, Mr. Synder stated property taxes would be the only difference in $1 Million homes as opposed to $250,000. Mr. Cowan stated the park dedication fee is based on the value of the land in a subdivision. Sales Tax was discussed, Mr. Synder made the assumption that people grocery shop, hardware, etc. People go out of the City to bigger shopping centers. He noted a Price Club or Costco would bring in a substantial amount of sales tax. The public hearing was opened. In response to Com. Fazekas' question regarding increasing city revenue, Mr. Synder stated the development of a hotel, expansion of Vallco would increase City revenue Com. Fazekas question City marketing? Mr. Blaine stated the City does not have the need for marketing. Mr. Cowan stated the increased City costs to developers as well as commercial retailers may make them go elsewhere. Com. Mahoney feels a hotel would be more beneficial to the city than small specialty stores. Regarding a hotel, Mr. Snyder stated they need to get a hotel that doesn't get service from other local cities. PLANNING COMMISSION MINUTES Regular Meeting of october 28, 1991 Page 9 Mr. Cowan stated in order to get financing for a hotel they must have a subsidy or pre-bookings of rooms. Com. Mahoney stated he would be interested in a conference center. REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Director Cowan noted on Nov. 18th there is a joint meeting with Planning commission and City Council. The Grand Blvd. Commi ttee want to meet with the Planning commission before the joint meeting from 5 p.m. to 7 p.m. to transmit their report and also get direction. DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: Having concluded business, the Planning commission adjourned at 9:30 P.M. to the next Regular Meeting of November 12, 1991 at 6:45 p.m. Respectfully submitted, ~M.f-.~d Catherine M. Robillard, Recording Secretary Approved by the Planning commission at the Regular Meeting of November 12, 1991 Do rman c~ty Clerk