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