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PC 10-08-90 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON OCTOBER 8, 1990 ROLL CALL: SALUTE TO THE FLAG: Commissioners Present: Chairman Claudy Vice Chairman Mackenzie Commissioner Adams Commissioner Fazekas Commissioners Absent: Commissioner Mann staff Present: Robert Cowan, Director of Community Development Mark Caughey, City Planner Bert Viskovich, Director of Public Works Leslie Lopez, Deputy City Attorney MOTION: APPROVAL OF MINUTES: SECOND: VOTE: ABSENT: Com. Adams moved to amend the minutes of the September 24, 1990 minutes with an added sentence to the top paragraph on page 5 to verify that the square footage numbers must be revised throughout the Development Agreement. Com. Mackenzie Passed 4-0 Com. Mann ITEM 2: POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 3: ITEM 5: ITEM 7: Aoolication 9-U-83 (amended) Greaorv Group: - Applicant requests continuance to November 13, 1990 Aoolication 17-U-90 (Chevron) continuance to October 22, 1990 Applicant requests Aoolication 1-GPA-0- (Citv of Cuoertino) - Staff requests continuance to October 22, 1990 Aoolication 10-U-89 Revised (Mariani) requests continuance to October 22, 1990 Applicant WRITTEN COMMUNICATIONS: - None PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 2 ORAL COMMUNICATIONS: Ms. Nancy Burnett, 729 Stendhal, stated she would like to inform the Commission of a new neighborhood group, called Fairgrove Neighbors. CEREMONIAL MATTERS: Presentation of Resolution commending Deputy City Attorney Leslie Lopez for outstanding service to the Planning Commission. MOTION: SECOND: VOTE: ABSENT: Chr. Claudy moved to present Resolution Number 4302 of the Planning Commission of the City of Cupertino to Deputy City Attorney Leslie Lopez Com. Adams Passed 4-0 Com. Mann ITEM 1: CONSENT CALENDAR: APPLICATION 37-U-85 (Amended): Fontana's Italian Restaurant (Murrav Horton) Requesting a two-year extension of the period of validity for a use permit to construct a 1,000 s.f. expansion of an existing restaurant. The site is located on the south side of Stevens Creek Boulevard adjacent to the existing Cupertino Post Office building (20840 Stevens Creek Blvd. ) MOTION: Chr. Claudy stated that staff recommend a one-year extension. SECOND: VOTE: ABSENT: Com. Adams moved to approve Application 37-U-85 (Amended) with a one-year extension. Com. Mackenzie Passed 4-0 Com. Mann ITEM 4: PUBLIC HEARINGS: Application No(s): Applicant: Property Owner: Location: ll-U-90 and 19-EA-89 Sobrato Development Companies Sobrato Interests II East side of North De Anza Blvd., between 1-280 and Mariani Avenue 32.5 Acres Parcel Area: USE PERMIT to demolish 564,000 sq. ft. of industrial building space and construct 785,000 s.f. (net) of office space with related site improvements. · , PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 3 Staff Presentation: Mr. Bob Cowan presented the staff report. He stated this application was recommended for approval by the Planning Commission to the City Council last year. He noted the City Council had questions regarding the phasing and the Development Agreement whereupon the applicant withdrew the application at that time. He stated the application at this time is the same square footage as reviewed previously. He noted as it is now one year later traffic must be reassessed, as well as legislation which has passed, Prop 111, which now effects this application. He noted staff has been looking at this development as a pilot for programs which are going to be adopted by the County agency and indirectly by the City in response to Prop 111. Mr. Cowan stated there are significant design changes. There are also Traffic Mitigation measures in the form of a Transportation Demand Management Program. He noted no conditions of approval were written at this time and requests' direction and input from the Commission. He showed graphics indicating the differences from the existing project. He noted the applicant would like approval for four 4 story buildings with one 2 story building with smaller floor plans. Mr. Cowan explained the trip rates, as outlined in the staff report, stating although it is more square footage the trip criteria is still the same because of the lower trip rate per thousand required for office space. He stated the project is consistent with the General Plan. He noted the project must not reduce the level of service capacity standards for intersections below D. Mr. Cowan explained the issue of design from the City's point of view. He expressed concern from the Goals Committee regarding large scale projects. He noted the proposed project is introverted and when trees grow the development will not be seen from De Anza Blvd. He noted from the City's point of view, it is not necessary to place these building close to the street. He explained the relationship of this project on the neighborhood stating privacy intrusion is not a concern. He noted the buildings will be raised approximately 7 ft. to accomplish underground parking. staff was concerned with the length of the wall mass facing the neighbors, which has been reduced. Mr. Cowan outlined the traffic report explaining it would be possible to maintain level service D assuming two trips per thousand. The Traffic Study concluded trip rates were lower than projected. Mr. Cowan stated that Cal-Trans has played a major role in this project due to concerns regarding 1-280 and initiated a Transportation Demand Management Program. He noted a condition of approval would be to require such a Program with an overall goal to reduce traffic by 10 percent. He noted noise will not be a problem except for the short term demolition periods and suggested no loading in the evening hours on the East side of the buildings. PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 4 Mr. Cowan stated that staff would like to pursue mitigation of the housing imbalance noting there will be an increase of jObs as a result of this project. He stated that staff recommend some degree of mitigation of privately subsidizing some apartments to meet income needs of employees who work at new building. Staff supports the application. In response to Com. Adams question Mr. Viskovich explained monitoring mitigation program includes the permanent installation of traffic counting devices. He also explain the trip generations noting that Cal-Trans looked at more current trip generation. He noted Transportation Demand Management Programs will be implemented by future development. In response to Com. Adams Mr. Viskovich stated this project does not use all the trip ends. Com. Mackenzie questioned the trip generations which Mr. Viskovich explained there will be a 15 percent reduction of the 2 trips per thousand bringing it down to 1.7 trips. He explained the reason trip generation factor is going down is because the peak hour has reached its capacity and the peak period is widening. Mr. Cowan stated the employment density is reducing which is a factor in the trip generation reduction. ADDlicant Presentation: Mr. Glenn Barber, Apple Computer, stated that Apple Computer, Inc., want to be more active in the City and development. He noted he had attended meetings with neighbors which had been successful. He noted this was a different plan from the existing plan and is a high quality project. He stated this project is a commitment from Apple to stay in Cupertino long term as property owners. Chr. Claudy expressed concern regarding Apple buildings excluding the general public. Mr. Barber explained there is need for security, but there is a commons building which will be open for the community with this project. Mr. Bob McIntyre, Apple Computer Inc., in response to Chr. Claudy stated that the project will have a commons building as well as a auditorium. He noted having these facilities will involve Apple with the Community. He felt this project had been designed to be more responsive to the City and surrounding neighbors. Mr. McIntyre described the buildings noting they want the buildings to look integrated but not identical. He noted the top floor of the building closest to the neighbors will be stepped back so as to avoid privacy intrusion. He stated the cooling towers will be moved next to 1-280 side and the landscaping buffer will be increased from 10 ft. to 15 ft. PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 5 Mr. McIntyre noted Apple has worked with Sobrato, Cal-Trans and staff on the subject of traffic mitigation and have come up with a good traffic Demand Management Program. He explained the programs that Apple would be implementing. Retail buildings on site was suggested so as to reduce traffic further during business hours. He stated Apple offers flex time for employees which will reduce traffic. Mr. McIntyre explained the tax contribution to the city as a result of this project. Mr. Bill Valentine, Architect, presented slides to the commissioners addressing how the project will fit into the neighborhood. He gave an overview of what this project will accomplish for the city and Apple Computer Inc. Mr. Valentine explained the layout of the development as shown on the model. He noted the development is like a University campus layout with the buildings grouped in the center of the site with trees and parking around them. He explained where the cooling towers will be placed and noted there will be more landscaping than the previous plans. He went on to explain the materials to be used for the development and the 24" box trees to be planted. The public hearing was then opened. Ms. Nancy Burnett, 729 Stendhal Ln., commented on the housing component stating it is a good idea and asked if the new development meant leasing other Apple buildings or an extension. Ms. Donna Prosser, 10699 Larry Way, stated that all the back buildings should be denied access to the balconies so as to protect privacy of adjoining residents. She expressed concern regarding the temporary inconvenience of noise during demolition and stated that if there was to be music in the auditorium that it be limited to day time. Mr. steve Prosser, 10699 Larry Way, stated the project was a good design. He expressed concern regarding the view of the buildings. Com. Mackenzie stated the trees will block the view of the buildings. Mr. Prosser noted he did not want trees on his property line. Mr. Barber stated they would work with the neighbors and close the balconies of all the back buildings to avoid privacy intrusion. Mr. Cowan stated the demolition will be in phases with the first phase being 40-60 days and the second phase less than 40 days. He also noted there is a noise ordinance to protect neighbors from music in the park. He noted a condition could require that the developer, after development, to plant tress where there are gaps. Com. Fazekas suggest more articulation of facades and horizontal shadow lines. PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 6 Com. Mackenzie expressed concern regarding traffic making a left onto Mariani from the building on the opposite side of the street with the increase in traffic from the new development. Mr. John Sobrato stated that there are exits directly onto De Anza at the southern end of the development and other exits on the eastern side. In response to Chr. Claudy's question regarding a shuttle bus between Apple buildings, Mr. Valentine stated this had been looked at but they are not very optimistic about it. In response to Com. Fazekas question regarding the subdivision concept Mr. McIntyre stated the concept is to have one piece of land as a single subdivision which includes the parking areas all the land underneath the buildings including the parking garages as the first lot. Then there would be six other lots that are three dimensional air spaces, it is similar to a condo plan. Com. Adams stated he supports the development. He noted the concerns regarding height of buildings and privacy have been resolved. He did not find it necessary to require the housing because of the location of the property. With regards to the public art he had no major requirements. The phasing is acceptable and the parking ratio and traffic control proposed are adequate but traffic control should be monitored. Privacy landscaping is acceptable and regarding the visual connection from De Anza Blvd. he did not feel it was necessary to have a visual monument. In response to Com. Adams question Mr. McIntyre stated the access to the retail will be from the outside so as to give public access. Com. Adams expressed concern regarding zoning in this area. Mr. Cowan stated he will look into this matter. Com. Fazekas stated the retail, which is opened to the public, is a good idea. He suggested having access to the courtyard from the main access of De Anza Blvd. He noted he would like to see wall section through the building and more articulation. He spoke in favor of the housing mitigation, would not suggest housing on site, but would like input from staff for alternatives. Com. Mackenzie expressed concern regarding the multiple ownership and felt the recreation building and cafeteria should be part of the common area. He noted that although there is a housing problem in the city, he is hesitant about putting a requirement on this property because the city has not supported moderate or high density housing in the past. Regarding noise from the amphitheater, it should not be heard off-site. He spoke in support of the retail as it would allow public access onto the Apple site. Com. Mackenzie stated he would like to see staff and the applicant look at ways to make this site look open and inviting and suggested PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 7 the removal of the trees along building four. The public art should be out at the main entrance on De Anza. He spo~e in favor of the TDM program and suggested measuring the traffic for 90 days when the building opens to establish a baseline and go for 10 percent below that. Chr. claudy felt this was vast improvement over the original plan. He suggested window treatment to obtain shadow lines. He spoke in favor of the retail and also suggested a quieter atmosphere for the cafeteria to keep employees on-site and also opened to the public. The courtyard in the middle of the development is a good idea. Chr. Claudy concurred with Com. Mackenzie regarding the public art, but stated this was not the right location for housing. The cooling towers were discussed and Mr. McIntyre stated fresh air will be provided in the parking garage via a mechanical system. Com. Mackenzie stated there is a need for ventilation shafts and expressed concern about the height of these and if they can be seen from De Anza Blvd, if so the design of the vents is more critical. Mr. Sobrato explained the air intake boxes will not be seen above the parapet on the roof. He noted there will be antenna dishes but no stove pipes on the roof. Com. Fazekas requested an outline of what will be on the roof. Mr. Cowan stated there was no local or regional laws to require housing mitigation, but it will be a major issue in the next General Plan change. Mr. Sobrato stated he purchased trips ends in the 1970's and the document they are working under in a 1983 General Plan which does not require the developer contributing to mitigate housing. He feels if this is to be proposed it should be required area wide. MOTION: Com. Mackenzie moved to continue application 11-U-90 and 19-EA-89 to October 22, 1990 Com. Adams Passed 4-0 Com. Mann SECOND: VOTE: ABSENT: NEW BUSINESS: ITEM 6: APPLICATION 3-U-90 (Revised): CROUTON'S RESTAURANT - Requesting approval of minor revisions to the approved architectural exhibits and site layout details for remodeling of an existing building as a dine-in restaurant located on the east side of De Anza Blvd., 400 ft. south of Stevens Creek Blvd. PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 8 staff Presentation: Mr. Caughey presented the staff report. He noted that staff's concern were mainly the exterior design effects of the proposal stating that this project was already approved by the Commission in the Spring. He noted staff is concerned that what is driving the changes may be factors that if looked at differently may ineet the same objectives of the project. Mr. Caughey outlined the changes noting the entry way had been moved slightly east to provide more booth seating. He noted this change is out of context with the other corners. There would be a loss of detail on the north elevation and the number of street level windows had been reduced from three sections to one. An electrical service cabinet is proposed to be installed on a concrete pedestal with adjoining steel bollard this is facing the City Center offices and causes staff concern. He noted before the commission decides these changes are warranted other alternatives should be considered. Staff recommends that the proposed minor modifications be denied. Acclicant Presentation: Mr. Jamis McNi ven, Director of Real Estate, noted that this is an old structure and the applicant had encountered extras costs as a resul·t of the structure and the site development. He noted the changes as outlined are driven by the structure itself. Mr. Paul Massie, Architect, stated the engineer recommended moving the entry way as it was not safe where it is located. He noted the floor plan has been redone but no seating had been added. The engineer recommended keeping the same amount of windows but spread them apart. He stated the building is being reconfigured due to structural ramifications. Com. Fazekas felt more sheer wall was not necessary. would be hard to support the changes and would like windows which would make a vast improvement. He noted it to see more Mr. McNiven stated the proposed plan is a good plan and the changes are necessary. He noted no service pipes will be shown. The public hearing was then opened. Com. Fazekas stated if the structure has to be the driving force of the design, maybe it has to go back for a redesign, work with a different overall design pattern. He supported staff. Com. Adams stated this is a very noticeable structure and had to be handled carefully and would support staff's recommendations. Com. Mackenzie stated he was not in support of the new design and would support staff. He suggested that the structural engineer talk to the City staff to help them understand why the changes are necessary. PLANNING COMMISSION MINUTES Regular Meeting of October 8, 1990 Page 9 Chr. claudy stated he would also support staff. He noted he would like to see the three windows stay. He noted by moving the entry way more attention is being called to the blank wall. Com. Mackenzie suggested continuing the sidewalk under the electrical boxes. Mr. McNiven stated they request a continuance. SECOND: VOTE: ABSENT: Com. Fazekas moved (revised) to October Com. Mackenzie Passed Com. Mann to continue 22, 1990 application 3-U-90 MOTION: 4-0 REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT : Having concluded business, the Planning Commission adjourned at 10:50 P.M. to the next Regular Meeting of October 22, 1990 at 7:30 P.M. Respectfully submitted, c ~ v\'~J Cat erlne Recording M . R oL.tl"-'l" d M. Roblllard, Secretary Approved by the Planning Commission at the Regular Meetin -Ôctober 22, 1990 Attest: Amended 10-29-90