PC 05-13-91
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Àvenue
cupertino, CA. 95014
(408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON MAY 13, 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
Mark Caughey, City Planner
Travice Whitten, Assistant City Engineer
Charles Kilian, city Attorney
Cheryl Kershner, Deputy City Attorney
MOTION:
APPROVAL OF MINUTES:
SECOND:
ABSTAIN:
VOTE:
MOTION:
SECOND:
ABSTAIN:
VOTE:
Corn. Fazekas moved to approve the minutes of April 22,
1991, as presented
Corn. Mann
Com. Mahoney
Passed 4-0
Corn. Fazekas moved to approve the minutes of April 30,
1991, as presented
Corn. Mann
Corn. Mahoney
Passed 4-0
POSTPONEMENTS OR NEW AGENDA ITEMS:
- None
WRITTEN COMMUNICATIONS:
Letter from Patrick Milligan regarding item number 4.
ORAL COMMUNICATIONS:
- None
CONSENT CALENDAR:
1. Application 4-U-89: peninsula Bible Church Requesting a one
year extension of an approved Use Permit to construct and
occupy a 4,700 s. f. second story addition to an existing
church classroom building. Site located on the west side of
N. Blaney Ave., northerly of Cedar Tree Lane.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 2
2. Application No. 4-TM-89: Enriaue Alvarez Requesting a one
year extension of an approved tentative map to subdivide a
30,500 s.f. parcel into two lots of 14,000 s.f. and 16,500
s.f. respectively. The site is located on the south side of
McClellan Road, 200 ft. west of Kim Street.
MOTION:
SECOND:
VOTE:
Corn. Fazekas moved to approve the consent calendar
Corn. Mann
Passed 5-0
PUBLIC HEARINGS:
- None
NEW BUSINESS:
3. ApPlication 25-U-90: Pacific Gas & Electric Co. MINOR
MODIFICATION of an approved Use Permit to place 23 linear feet
of metal view screen along the east side of the Substation
Operation building in lieu of landscaping and to create
additional vehicle and truck parking along the South side of
the Substation Operation building. Project area is located on
the east side of the existing PG&E service yard on Homestead
Road adjacent to the residential area served by Heron Drive.
Com. Mann informed the Commission she would be abstaining from this
application as she had an interest in the Company.
Staff Presentation: Mr. Bob Cowan presented the staff report. He
noted this is a minor modification to change a condition of
approval regarding a privacy screening of homes on the eastern
boundary of the property and relocation of parking spaces. He
stated the applicant would like to use a metal view screen in lieu
of the landscaping and showed diagrams describing this. Mr. Cowan
stated if it was the intent of the Commissioners to provide visual
screening for the entire site, then the best solution would be to
add more landscaping as originally sought. He noted staff does not
support the change and would like to see landscaping. Staff felt
the relocation of the parking spaces is acceptable.
A"(mlicant Presentation: Mr. Mark Davis, Architect, stated the
wording of the condition relating to screening is unclear. He
noted the existing property line has an 8 to 10 ft. masonry wall
which screens all views from the single story residents along this
property line. Mr. Davis felt it is a costly proposition to both
plant and maintain landscaping in an undeveloped portion of the
site to provide screening for one two story resident. He felt a
limited screen was more appropriate. Mr. Davis stated the reason
for the metal view screen was to provide something that would not
deteriorate very quickly.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 3
The Commissioners agreed with staff regarding the relocation of
parking spaces.
Com. Fazekas supported the landscaping on the East property line.
Corn. Mahoney concurred, noting his only concern would be the water
issue.
Corn. Austin supported landscaping.
In response to Chr.
caughey stated staff
Xeriscape Guidelines.
Mackenzie's
is working
question regarding water
with applicants to use
Mr.
the
Chr. Mackenzie stated it was the Commissions intent to have
landscaping along the East boundary line to improve the aesthetics
of the site.
Mr. Cowan stated he would make the minor modifications to the
condition so as to relate to screening the entire site.
MOTION:
SECOND:
Com. Fazekas moved to approve application 25-U-90 Revised
subject to the findings and subconclusions of the hearing
with Condo 2 to read "New planting should be directed
along the east property line to prohibit views from the
residences to the entire site, especially two story
residencies.
Com. Mahoney
Mr. Davis stated the 10 ft. masonry wall provides screening and
suggested the potential of landscaping along the building which
would soften the character of the building. He noted the applicant
is concerned about the verbiage "directed along east property line"
and asked that this issue be addressed.
Corn. Fazekas suggested requiring a comprehensive landscape plan of
the site. He noted the entire site is a concern.
Mr. Cowan stated that Condition 10 requires the applicant to submit
a comprehensive landscape plan.
Corn. Fazekas suggested screening to be at 45 degree angles from
eastern corners for all structures.
Corn. Fazekas withdrew his motion.
MOTION:
Com. Fazekas moved to approve application 25-U-90 subject
to the findings and subconclusions of the hearing with
Condo 2 modified to read "New planting should be directed
along the east property line to prohibit views from the
residences towards the substation building in an area
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 4
SECOND:
ABSTAIN:
VOTE:
east of the substation building and within 45 degrees of
the ends of the building.
Com. Mahoney
Com. Mann
Passed 5-0
4. Monta vista Center Partners Request to set a Public Hearing
to consider a GENERAL PLAN AMENDMENT to allow residential use
emphasis on the former Monta Vista Hardware site (APN326-19-
117) in lieu of meeting the Neighborhood Commercial use
objective for the Monta vista commercial district stated in
the "Function" statement for the Monta Vista Special Planning
Area in the Land Use Element. Located on the north side of
Stevens Creek Blvd. 300 ft. west of Mann Drive.
Staff Presentation: Mr. Mark Caughey stated this site is the Monta
Vista Hardware Center. He noted the developer received approval
over a year ago to rehabilitate this site as a mixed-use project.
The developer has had problems pulling this together as currently
approved and would now like to modify the constraint in the General
Plan which emphasis commercial use on this site. Mr. Caughey
explained the two step process for considering a General Plan
Amendment. He noted if the Commission agreed that the arguments
are of sufficient weight and are constant with the object of
meeting other General Plan objectives then it would be appropriate
for the Commission to direct staff to set a date for a public
hearing, at that time the relative merits of the argument would be
debated. Regarding Mr. Milligan's request, Mr. Caughey stated
staff suggested May 28th for the public hearing, this coincides
with the budget hearing and Mr. Milligan requested June 10th.
Applicant Presentation: Mr. John Wheatley, Ensign Development Co.,
stated it is economically unfeasible to develop what was previously
approved. He noted they are interested in developing this
primarily as a residential site, stating the site is surrounded by
residential. A small portion of the site would be retained for
Commercial. He noted by allowing more residential development on
this site, a larger amount of much needed affordable senior housing
can be developed.
In response to Com. Austin's question regarding affordable housing,
Mr. Wheatley stated the plan would be to concentrate low density
and on the east end there would be retail on the ground floor with
senior housing on the upper floor.
In response to Chr. Mackenzie's question regarding the primary use
for this site, Mr. Wheatley stated two thirds of the site would be
low density residential with one third being commercial and senior
housing with no office space.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 5
Chr. Mackenzie opened the hearing for pUblic comments.
Ms. Ann Anger, President, Monta vista Improvement Association,
suggested postponing the amendment. She noted this is a good
location for senior housing and encourages it.
Corn. Mann stated the land use activity may be outdated depending
upon the change.
Corn. Mahoney spoke in favor of the amendment.
Corn. Austin concurred.
Com. Fazekas and
Chr. Mackenzie stated he is in favor of the amendment because
housing is important in the current General Plan, an amendment to
allow more housing on this site is appropriate. He disagrees with
the idea that if property cannot be leased, the General Plan should
be changed.
SECOND:
VOTE:
Corn. Mann moved to set a public hearing, date to be set
by staff, for a General Plan Amendment on the finding
that housing is important in the current General Plan.
Corn. Mahoney
Passed 5-0
MOTION:
5. Discussion of Planning commission's Preliminary General Plan
Goals.
staff Presentation: Mr. Cowan stated the Planning commission at
this hearing should begin the goal setting stage. He noted the
goal at this hearing is to discuss basic issues facing this
community and to discuss preliminary goals which the Commissioners
have developed. He noted there will be input from other
Commissions in the near future and once the goals are developed
they will then be tested.
Chr. Mackenzie stated each of the Commissioners should discuss
their primary goals for the City and then there will be input from
the public. He noted there will be input from other commissioners
as well as from specific consultants hired by the City. He hopes
by the end of June there will be specific goals.
Corn. Austin's goals:
1. The city center/crossroads area should be planned as a
distinct recognizable area and the Community character could
be enhanced by encouraging neighborhood coalitions.
2. Future development should be approved if it benefits both
current residents and business that have contributed to the
community and there should be a balance of
retail/housing/apartments.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 6
3. If greater density is necessary it should be along stevens
Creek, De Anza and Stelling, while remaining sensitive to
surrounding neighborhoods. Needs of property owners and
businesses must be addressed with a balanced view.
4. Affordable housing for young professional people should be a
priority. Areas must be zoned for apartments. JObs/housing
balance should be a priority.
5. Parks and open space land should be protected, both through
public and private means.
6.
Transportation is a concern
highest level of service.
the "Grand Boulevard".
and the city should strive for the
Sacrifices may be justified along
7. New development should be approved if it provides fiscal
benefit to the city.
8. Communication between the community, schools and the city
should be enhanced.
9. Regional cooperation is important when coordinating projects,
while retaining active local control.
Com. Fazekas' goals:
1. Create an identifiable new town district near the Grand
Boulevard at either the Vallco or Crossroads area. He
suggested traditional designs of a small town business
district with a mix of public buildings and privately owned
buildings, including retail at ground level. A sense of
identi ty and civic pride and to encourage a place where
families can go as well as having restaurants and
entertainment. Develop this area as a regional attraction to
encourage economic development of the Grand Boulevard and
existing retail centers.
2. Allow density increases only in exchange for serving a
specific social goal or in exchange for adequate fiscal
compensation to the City. Specific social goals include
affordable housing, new town district, transit stations,
street improvements beyond normal needs, dedication of land to
the city for parking and parkland. Fiscal compensation for
development rights would be based on a fee per square foot of
additional floor area beyond 1991 entitlement. Mitigated
development rights are subject to the other goals and
objectives of the General Plan.
3. Reforest Cupertino by aggressively planting street trees.
Develop a master planting plan with citizen input. Increase
by ordinance the number of trees required per acre on new or
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 7
remodeled developments.
4. Hal t tract-style residential developments through detailed
architectural guidelines and review processes. Create
forested villages of unique homes. Affordable housing must be
included in all residential and commercial developments or a
housing mitigation fee paid. Provide an adequate amount of
retail space within walking distance of all residential
properties.
5. Develop the Grand Boulevard concept. Develop the length of
stevens Creek from Highway 85 to the western city limits into
the Grand Boulevard. Increase number of trees, street
improvements and add art, street furniture and monuments to
enhance its unique qualities. Only construct that which would
increase retail sales. Develop a high visibility signage
program. predesign improvements and analyze land use
decisions based on the assumption of light rail or monorail
being built by the year 2000. Underground utili ties on
stevens Creek Blvd.
Com. Mahoney's goals:
1. Enhance focal points and city identity
2.
Maintain or enhance quality of
neighborhoods
existing residential
3. Provide a balanced transportation system integrated with the
regional system.
4. Allow appropriate growth of business to provide community
resources, including, but not limited to, tax revenue.
5. Explore Grand Blvd. concept and implement.
6. Promote affordable and low-cost housing.
7. Achieve a more balanced jobs/housing mix
8. Retain/enhance existing park/recreational areas. He feels
what is in the City at present should be retained.
Com. Mann stated Cupertino's constituency consists of all the
people who have an economic interest in the City, which includes
businesses as well as residents.
1. Future development must be for the benefit of both citizens as
well as businesses.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 8
2. Housing: Expand supply of residential units for all economic
segments to achieve greater housing opportunities.
3. Circulation: Place transportation along major arterials.
4. Regional Cooperation: Promote and support regional planning
and cooperation. To help solve problems such as jobs/housing
imbalance which the city cannot solve in itself.
5. Environmental Resources: Protect sensi ti ve natural areas,
anything which is irreplaceable.
6. Maintain community quality of life, which has to be
determined.
Chr. Mackenzie's goals:
1.
Cupertino should be
single family homes.
be maintained.
primarily suburban with middle class
other uses are secondary. This should
2. Appearance is very important, the city should look attractive.
3. City should be a convenient place to live. This means readily
available services and a working transportation network. The
city should be reasonably self contained. Planning for future
transportation services and high density development should be
concentrated along future transportation sites
4. The city governments should be fiscally sound.
5. Housing that is not middle class R-1 should be less expensive,
not more. Densities for this type of housing should be pushed
as high as possible without compromising Cupertino's overall
character.
6. The city should be friendly. Buildings developments,
sUbdivisions should not be walled off directly or indirectly.
7. Retail activity should be concentrated at a few nodes.
8. Uses other than R-1 work best on large parcels of land.
Aggregation of small parcels should be encouraged.
9. Housing that is not R-1 should be rental, not ownership, to
make it more affordable.
10. Market rate affordable housing is preferable to subsidized
affordable housing.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 9
11. To encourage economic development, developers should know what
the rules are and they should be consistently applied.
Development rights should be clearly allocated to parcels in
terms of the number of square feet allowed or the size of
building allowed as perceived by the citizens.
12. R-l flag lots should be disallowed.
13. street trees should be placed wherever possible.
14. Growth of the city can continue, but at a slower pace than in
the 1980's. Renewal should continue forever.
15. A good recreation system. Full-service hotel would be an
asset. People should participate in managing the city.
16. A good park and recreation system should be available.
17. Architectural guidelines should be established to support
primary goals.
The Commissioners went on to discuss their goals.
Corn. Mahoney did not feel that Cupertino could be defined as a
suburban city.
Corn. Mann stated she would like to see goals that can be addressed,
are somewhat concrete and how this can be accomplished. The goals
should be realistic and more specific as to what the City needs.
Com. Fazekas stated the only way to force mixed-use is to zone it.
He also felt many goals are vague and should be more specific with
regards to identifying sites for mixed-use development.
Mr. Cowan stated early General Plan goals were strictly visionary,
what he would like to see developed is a plan with a long term
vision and still have a series of sUb-goals and objectives to be
reviewed on an annual basis.
Com. Austin supported the annual review of the General Plan and
suggested the neighborhood groups contribute to the process. She
supported the concept of identity and civic pride, retail within
walking distance and underground utilities. The city should be
friendly and security of the major companies should be addressed to
allow this. Corn. Austin supported Corn. Mahoney's goal relating to
providing job benefits and to enhance what the city already has.
Com. Mann stated that Cupertino has changed and will continue to
change and this should be enhanced.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 10
Com. Austin expressed concern regarding affordable housing in
Cupertino and noted that Corn. Mackenzie's goal number 1 is trying
to accomplish more affordable housing.
Com. Fazekas stated that open space should be used as an incentive
for higher density. He felt the City had enough open space. Com.
Austin stated open space goes quick, once it is developed, the open
space cannot be replaced.
Com. Mann stated discretion must be used when considering open
space.
Corn. Mahoney stated most of the parks in the City, with a few
exceptions, were developed as parks.
In response to Com. Fazekas question regarding
Mr. Cowan stated Tandem Computer is interested
creek, noting there are technical problems to
the water district. Corn. Fazekas stated
commercial get the maximum use.
the Calabasas Creek
in a section of the
be worked out with
parks adjacent to
Corn. Austin questioned Chr. Mackenzie's comments regarding
transportation, Chr. Mackenzie stated his plan is to put high
density development where the transportation corridors will be.
Com. Mahoney stated the automobile cannot be ignored as it will be
the primary transportation for years to come.
Chr. Mackenzie opened the hearing for public input.
Mr. Don Burnett supported the process of the hearing. He noted the
housing shortage is County-wide and was pleased to see the
recognition by the Commissioners regarding the housing concerns.
He noted he also sees a recognition of past mistakes. He feels the
open space at the city center is not used as it should be.
Mr. Phil Zeitman, 2290 Cricket Hill, commented on Chr. Mackenzie's
goal number 11. He noted one of the major concerns of the 1983
General Plan is that is very easy to misinterpret it. He noted it
is important to identify the goals and areas for affordable
housing, future development and retail and stick with this. He
supported the idea of reviewing the General Plan annually. In
response to Com. Fazekas question regarding the property owners
rights and obligations, Mr. zeitman stated the city should stay
with what is written in the General Plan.
Mr. Herman Hitchman, Chamber of Commerce, noted he supports the
process of the General Plan hearings. He stated the general plan
needs to be specific, but should also be flexible depending on the
market at that time.
PLANNING COMMISSION MINUTES
Regular Meeting of May 13, 1991
Page 11
Ms. Nancy Burnett, 729 Stendall Lane, noted the open space at the
city Center is not used on weekends. She noted we need to maintain
the amenities people moved to cupertino for. She noted if
standards have to be changed careful attention must be given to the
specifics. In response to Com. Fazekas question Ms. Burnett stated
she liked the idea of being able to walk to retail centers.
Mr. Paul Olgenfritz, Danube Dr., stated the changes in the past
have been for the developers more than residents. He noted there
should be no high density before mitigating amenities are there.
Housing should be provided for middle class computer professionals.
He noted the areas were mistakes have been made should be
identified and come up with a plan to fix this mistake. He used
city Center as an example and suggested a retail mall with
pedestrian bridge. He noted the General Plan should be followed as
written.
Ms. Nancy Hertert, San Juan Rd., stated she supports the procedure
of the General Plan hearings. She noted open space is important
and noted that high density areas should have trees. stores should
be up towards the sidewalks.
Mr. steven Hayes, San Juan Rd., noted that comments from the
citizens Goals Committee are being referred to. He supported the
concept of objectives which can be identified and is very
optimistic about the General Plan. He noted the concept of a
downtown area is a recurring plan and the city needs identity and
to enhance what is here. He noted with a large number of employees
there is an opportunity to support attractive retail.
Mr. Darwin Throne, 22958 Cricket, supported the process of the
General Plan hearings. He stated the General Plan needs to be as
specific as reasonably possible, if not there is no foundation to
stand on. He urged more emphasis on open space and park goals and
there should be specific zoning.
Ms. Wordell noted the next hearing will be scheduled for June 10,
1991.
6. Selection of a Planning commissioner to serve on the Grand
Boulevard Committee.
Mr. Cowan stated the Council will be discussing the matter at their
next hearing and making a final decision if this committee will be
formed.
Chr. Mackenzie nominated Commissioner Fazekas to serve on the Grand
Boulevard Committee.
REPORT OF THE PLANNING COMMISSION:
- None