PC 06-10-91
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA. 95014
(408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLAMMING COMMISSION
HELD ON JUNE 10, 1991
ROLL CALL:
SALUTE TO THE FLAG:
Chairman Mackenzie
Vice Chairman Fazekas
Commissioner Mann
Commissioner Mahoney
Commissioner Austin
Commissioners Present:
Robert cowan, Director of
Community Development
Mark caughey, city Planner
Travice Whitten, Assistant City Engineer
Cheryl Kershner, Deputy City Attorney
staff Present:
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to approve the minutes of the May 13,
1991 meeting, as presented
Com. Austin
Passed 5-0
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 1:
ITEM 3:
MOTION:
SECOND:
VOTE:
Application 2-U-91. 1-GPA-91 (MVCP) - Applicant requests
continuance to the meeting of June 24, 1991
ApDlicatiqn 2-EXC-91 (Sorensen) - Applicant requests
continuance to the meeting of June 24, 1991
Com. Fazekas moved to continued items 1 and 3 to the
meeting of June 24, 1991
Com. Mann
Passed 5-0
WRITTER OOIBIONICATIORS:
- None
ORAL COMMUNICATIONS:
Chr. Mackenzie congratulated Cathy Robillard, Minutes Clerk, on the
birth of her baby.
CONSENT CALENDAR:
- None
PLANNING COMMISSION MINUTES
Regular Meeting of June 10, 1991
Page 2
PUBLIC HEARINGS:
Chr. Mackenzie moved Application 23-U-90, 3-TM-91 to the end of the
agenda as the applicant was not present.
4. CITY OF CUPERTINO: PUBLIC HEARING to establish preliminary
goals of the Planning commission for on-going review of the
City's comprehensive General Plan Amendment process.
staff Presentation: Ms. Ciddy Wordell presented the staff report.
She noted at the previous meeting the Commission set preliminary
goals for use during the alternative analysis and at this meeting
other Commissioners from the various commissions in the City had
been invited to give their input to the General Plan and how they
relate to the Planning Commission's goals. Ms. Wordell noted staff
has summarized the Planning commissioners goals. She explained the
chart as presented in the staff report. One of the strongest
points is support for a city identity and development of a Grand
Blvd. Another strong area of agreement is economic development, to
benefit both residents and businesses. There is a strong consensus
on affordable housing as well as the level of transportation. Ms.
Wordell pointed out the different points of view as outlined in the
staff report regarding transportation, city identity, parks and
open space. She requested, with regards to city identity, the
Commissioners need to give more direction on scale and intensity.
Mr. Gerry Mulvey, Library Commission, presented written comments to
the Commission of their visions and goals. An enlarged library is
requested as a resource for educational and recreational uses and
to work in conjunction with the County. He noted the library is an
educational, recreational and economical tool for the city. Mr.
Mulvey went on the explain how each of the above contribute to the
library and the city. The library is important to the City and he
requested the Commission consider and view the adoption of the
Library Commission's recommendations.
In response to Com. Mann's question regarding expansion Mr. Mulvey
stated it has to be negotiated among the cites who participate in
the County wide library.
In response to Corn. Mahoney's question regarding how this fits into
the General Plan Mr. Mulvey stated it would involved setting aside
land as well as establishing the background of the planning process
to ensure that locations and facilities are provided for a library
in new communities. He noted the Library Commission has different
views regarding expansion, some feel an expansion of facilities is
needed others support satellite.
In response to Chr. Mackenzie's question Mr.
operating longer hours would not solve the overall
growth of the library usage.
Mulvey stated
problem in the
PLANNING COJIMISSIOH MINUTES
Regular Meeting of June 10, 1991
Page 3
Mr. Bob Cowan presented the affordable housing policies. He noted
the Housinq Commission has put together 11 policies for the
Planning comaissioners to review. Mr. Cowan explained these:
Policy 1: Develop Housing Mitigation Program. He noted the city is
involved in a nexus study. If the City intend to meet the state's
requirement for housing, funding is needed.
Policy 2: Develop Financing strategies.
Policy 3: Encourage Mixed Use Projects. He noted the Commissioners
all feel strongly about this. The current General Plan encourages
mixed use and Mr. Cowan suggested a more direct approach.
Policy 4: Maximize Allowed Density. Encourage developers to build
at the high density range.
Policy 5: Priority. Affordable housing made available for people
who work and reside in the City.
Policy 6: Permit Conversion of Existing Market Rate units to
Affordable units
Policy 7: Create a Housing Endowment Program.
Policy 8: Community Education. Group to advocate affordable
housing and the benefits to the City
Policy 9: Long Term Leases. Working with churches to use surplus
land for affordable housing.
Policy 10: Maintenance Reserves. Available for affordable housing
projects
Policy 11: Affordable Rent Guidelines.
In response to Com. Mahoney's question Mr. Cowan noted
JObs/Housing Imbalance and Affordable Housing are both driven
the state agency ABAG. He noted the law states the City
provide for all income segments.
The Commissioners discussed ABAG and how the formulas are
developed.
the
from
must
Com. Austin felt the income
housing levels are unreal.
federal guidelines.
Com. Fazekas question policy 3 as to how specific the Commission
should be. Mr. Cowan stated the Commission is going to have to be
more specific. He noted the state requires the City to designate
sites if necessary. He noted the Planning commission will be
involved in the land use element.
levels required to meet affordable
Mr. Cowan stated the figures meet
Chr. Mackenzie suggested that Mr. Cowan talk with commissioners
Mahoney and Austin regarding the ABAG formulas.
Ms. Pat Jackson, ASAC, noted there were four areas ASAC felt
strongly about: Environmental Sensitivity; Traffic Circulation;
Economic Development of the City; Building Development in the city.
PLANNING COMMISSION MINUTES
Regular Meeting of June 10, 1991
Page 4
In response to Com. Austin's question regarding the city identity
and the Grand Blvd., Ms. Jackson stated ASAC members felt that City
identity is important. She noted one discussion involved Vallco as
a city identity as it is already developed as a retail center. In
response to Com. Fazekas's question regarding service at level C
and the Grand Blvd., Ms. Jackson stated there was a strong feeling
among Committee Members that they should look at what is a goal for
the future and not what it is now. The goal should be for less
traffic and not more. She noted they are recommending higher
densities, but looking at other ways in which traffic can be
mitigated. Ms. Jackson stated with regards to the Grand Blvd. the
questions revolved around traffic and cost.
In response to Com. Mahoney's question regarding FAR, Mr. Cowan
noted that the FAR is not constant for every lot. Ms. Jackson
stated the FAR would be indexed primarily on the size of the lot.
In response to Com. Mann's question regarding the 50 ft. setback on
stevens Creek Blvd. Ms. Jackson stated this was the policy and now
it is being reversed and they are concerned about the property
already developed on Stevens Creek.
Ms. Jackson noted with regards to design guidelines, they should be
as broad as possible. In response to Com. Mann's question
regarding places to gather, Ms. Jackson stated this would include
outdoor eating areas as well as other places in the City were
people gather, such as the library. These areas need to be
enhanced.
Chr. Mackenzie question ASAC's view on higher density and
maintaining level service C. Ms. Jackson stated ASAC felt other
forms of transportation needs to be considered. with regards to
higher density she stated housing should be considered in business
areas were higher density will be developed.
Ms. Jackson pointed out that ASAC saw the enhancement of the
quality of life as the goal and the maximizing of city revenue as
a strategy.
Chr. Mackenzie and the Commission discussed the newspaper article
regarding the quality of life and asked the Commission how they
would define the quality of life.
Com. Mahoney felt it is critical to have goals to measure against.
He felt that maintaining neighborhoods as well as increasing
affordable housing units should be considered.
In response to Com. Austin's question Mr. Cowan noted State Law
requires a complete General Plan. He noted the State requires
level service E and affordable housing, the only one reviewed by
the State is the housing issue. Mr. Cowan stated the city is not
PLANNING COMMISSION MINUTES
Regular Meeting of June 10, 1991
Page 5
required to build housing, but must provide the mechanisms to
enable the private industry to build housing.
Ms. Roberta HOllimon, Fine Arts Commission, stated they have
written a goal which is included in the staff report and would like
this implemented into the General Plan.
Mr. Cowan noted there is no formal policy regarding art, but the
Fine Arts Commission have their own policy.
Ms. Hollimon stated the City Council did adopt a visions statement.
She noted after reviewing other Cities they came up with their
figure of one percent of construction costs above $500,000.00.
Com. Mann question what the art included. Ms. Hollimon noted it
includes all arts including preforming arts. Com. Mann suggested
rewording the goal to include all of the arts. Ms. Hollimon noted
the policy they had submitted only included visual arts, but would
like more time to include preforming arts in the policy.
Com. Mahoney felt the policy should include all of the arts. He
questioned if the art could be placed at other sites where people
are more likely to gather. He question the legality issue.
Mr. Cowan stated in the City Attorney noted it would be difficult
to make the connection between a development and the need for
public art outside the property. He suggested a statement in
conjunction with a site planing for a particular development that
there should be some kind of amenity on the property. He noted
there are many demands put on developers and it must be determined
what is feasible and what is not.
Ms. Hollimon questioned the establishment of nexus by having the
developer provide on site some of their facilities for use by the
community if the complex has a large meeting hall and the money for
the arts allocated to that.
Chr. Mackenzie suggested a workshop to discuss the commissioners
goals.
The public hearing was then opened.
Ms. Ann Anger, President, Monte vista Improvement Association,
noted the State Law requiring Jobs/Housing Imbalance. She question
if only the residents of Cupertino were being considered or the
sphere of influence.
Ms. Nancy Burnett stated she had comments from the League of Women
Voters study Group relating to the affordable housing policies.
She noted copies of these questions and comments will be presented
to the Commissioners.
PLANNING COMMISSION MINUTES
Regular Meeting of June 10, 1991
Page 6
Chr. Mackenzie stated a copy should be given to the Affordable
Housing Committee.
Mr. Phil Zeitman, 22907 Cricket Hill, requested that the Planning
commission consider a new commission be established, that being a
Transportation Commission.
Chr. Mackenzie noted the establishment of
established by the city council and suggested
Council requesting this.
Commissions is
a letter to the
Chr. Mackenzie noted the goals committee hearing will be continued
to June 18, 1991.
2.
Application No(s):
Applicant:
Property Owner:
Project Location:
23-U-90, 3-TM-91
Landmark Development (Larry Guy)
Landmark Properties
N. Side of Rainbow Drive 500 ft. east of
Gardenside Lane
USE PERMIT to construct an 8 unit semi-detached townhome
development as Phase II of an adjacent 36 unit townhome
development.
TENTATIVE MAP to divide an existing parcel into 8 residential
lots ranging in size from 1,950 s.f. to 3,930 s.f. with one
additional lot to be held in common ownership
Staff Presentation: Mr. Mark Caughey presented the staff report
indicating that this is phase II of the development which is an
extension to the east of phase I. He noted with phase II there are
a number of benefits to the community. They are able to
consolidate fragmented pattern of existing parcels into a cohesive
whole which gives better opportunity to work with a more evenly
sized site and to integrate new development into the medium density
character of the neighborhood. Mr. Caughey noted there has been a
change in the configuration of Phase II and the principle concern
of staff is the ability to provide two access points onto public
streets. He showed drawings of the two plans describing the
concern. Phase II only encompasses six tenths of an acre and does
not extend to Rainbow Drive. Landmark is in contract to sell the
frontage parcel and there may be a combined development with the
property immediately to the east. He noted the ERC concern was
additional traffic on Gardenside Lane. Mr. Caughey felt this would
be an inconsequential number of trips. If a problem arises there
is a condition of approval to allow a driveway connection between
Rainbow Drive and the balance of the project. with regards to
noise exposure concern, Mr. Caughey stated the ambient noise levels
have been improved. The sound consultant has recommended that the
windows be subject to a sound transmission class 26 for all upper
floor windows. The condition should also contain a deed
PLANNING COMMISSION MINUTES
Regular Meeting of June 10, 1991
Page 7
restriction which would warrant future purchasers of the property
that there is a potential exposure level, this protects the city.
with regards to parking the same standard as on Phase I has been
maintained for phase II.
Mr. caughey noted while the basic site configuration is acceptable
staff felt that before the final subdivision map is recorded they
would like to put a condition on the project that would allow staff
to make adjustments on the site layout as explained in the staff
report.
In response to Com. Mann's question regarding landscaping, Mr.
Caughey stated the landscaping is minimal and is subject to ASAC
review as well as the Xeriscape Guidelines.
AD91icant Presentation: Mr. Larry Guy, Landmark Properties, noted
that both Landmark's engineer and staff's engineer felt the
ingress/egress for the project on Rainbow was not a good idea. The
fire department is supportive of the circular system.
In response to Chr. Mackenz ie's question Mr. Cowan noted the
project was not developed in one phase because of the uncertainty
of the freeway interchange.
Mr. Travice Whitten, Traffic Engineer, explained the freeway
interchange noting it is similar to De Anza and 1-280. He stated
staff felt there was adequate site distance.
The public hearing was opened.
Chr. Mackenzie closed the public hearing.
Com. Mann spoke in support of the development as did Com. Austin.
Com. Mahoney spoke in· support of the project. Com. Fazekas and
Chr. Mackenzie concurred.
MOTION:
SECOND:
VOTE:
Com. Fazekas moved to recommend a Negative Declaration
COli. Mahoney
Passed 5-0
SECOND:
VOTE:
Com. Fazekas moved to recommend approval of 23-U-90
subject to the findings and subconclusions of the hearing
with the following modifications: Condo 24, leaving the
final decision on the egress to Rainbow to the discretion
of the Director of Planning.
Fazekas
Passed 5-0
MOTION:
PLANNING COMMISSION MINUTES
Regular Meeting of June 10, 1991
Page 8
MOTION:
Com. Fazekas moved to recommend approval
subject to the findings and subconclusions of
Com. Austin
Passed
of 3-TM-91
the hearing
SECOND:
VOTE:
5-0
REPORT OF THE PLANNING COMMISSION:
Com. Fazekas reported on the Grand Blvd. Committee meeting. He
noted it was broken up into three subcommittees: Land Use, Traffic
and Economics. He noted he will report back in the middle of July.
Com. Austin commented on the debris on McClellan Rd. also she
reported on a house on Scenic Drive, noting the front garden looks
like a fire hazard.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
- None
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
ADJOURNMENT :
Having concluded business, the Planning commission
adjourned at 9:35 P.M. to the next Regular Meeting
of June 24, 1991 at 7:30 P.M.
Respectfully submitted,
tfr '~ t
~"'''p7'''' "I .' L
Cat er~ne M. 0 1 ar,
Recording Secretary
Approved by the Planning Commission
at the Regular Meeting of June 10, 1991
Do~~J ~n
Attest:
4"
Dorot
c~ty C er