Loading...
PC 09-24-90 ,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 SEPTEMBER 24, 1990 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman Claudy vice Chairman Mackenzie Commissioner Adam Commissioner Fazekas commissioners Absent: commissioner Mann staff Present: Robert Cowan, Director of community Development Mark Caughey, City Planner Michele Bjurman, Planner 1 Travice whitten, Assistant City Engineer Leslie Lopez, Deputy City Attorney POSTPONEMEN'I'S OR NEW AGENDA ITEMS: Item 3: Bethel Lutheran Church - Applicant requests continuance to October 22, 1990 MOTION: SECOND: VOTE: ABSENT: Com. Adams moved to continue item 3 to October 22, 1990 Com. Mackenzie Passed 4-0 Com. Mann WRITTEN COMMUNICATIONS: Dorothy Litten Bay Area Council ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None _PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 2 PUBLIC HEARINGS: (Continued items) 1. Application No(s): 2-GPA-89, 7-Z-90, 9-U-90, I-DA-90 AND 17-EA-90 Westfield, Inc. Westland Shopping Center L.P. East and west of Wolfe Road from Stevens Creek to Intestate 280 Applicant: Property Owner: Location: GENERAL PLAN AMENDMENT to increase the development cap for the Vallco Fashion Park regional shopping center from 1,385,000 s.f. to 1,645,000 s.f. REZONING of approximately 5.9 acres at the southeast corner of Wolfe Road and Vallco Parkway from P(CG,ML,Office,Hotel) Planned Development with Commercial/Light Industrial/Office/Hotel intent to P (Regional Shopping Intent, or such other zone as deemed appropriate by the Planning commission or City Council consistent with the General Plan. USE PERMIT to allow net expansion of the Vallco Fashion Park regional shopping center by 260,000 s.f. DEVELOPMENT AGREEMENT between the city of Cupertino and Westfield, Inc.j to assure future development of said vallco Fashion Park according to land use entitlements granted by the City for a fixed time period, in exchange for defined public benefits granted by Westfield, Inc., and providing for other benefits and obligations to the signatories to said agreement. Staff Presentation: Mr. Caughey presented a street frontage tree survey which outlines the trees affected by construction of pedestrian bridges. He stated the number of trees removed may increase to accommodate transit turnouts facilities. He also noted that Westfield has proposed to increase the set back from 10 ft. to 20 ft. behind the property line on Wolfe Road. Mr. Caughey noted this would not ensure the trees remain. He noted as a procedural manner in the Use Permit conditions all exhibits, which constitute the development plan, be checked for internal consistency and dated correctly. Mr. Caughey recapped the four issues of the Development Agreement/Use Permit issues as outlined in the staff report: 1) Staff recommends late evening hours for the center as a whole as opposed to individual stores. 2) The option of housing was added to the list of permitted uses, subject to prevailing General Plan Entitlements. PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 3 3) Regarding the ice rink and child care facility the developer requested these facilities be linked with the term of the Development Agreement as opposed to the life of the Fashion Park, as staff recommends. 4) Regarding the Park and Ride lot, staff recommends mandating at least 75 spaces. Mr. Caughey noted that the Design Review procedure includes formal ASAC review, as directed by the Commission at the previous meeting. He noted new Condition 24 regarding removal and replacement of trees. Chr. Claudy stated that most of the issues had been well worked out. Aoolicant Presentation: Mr. John Endicott noted the Developer would provide the 75 spaces for the park and ride lot, but would like to use for retail parking when not full. He requested the Ice Rink/Child Care be tied to the 20 year Development Agreement term. Regarding the design review process they would like to avoid public hearings if possible. Mr. Endicott stated the tree replacement condition is acceptable. However, he felt that in Condo 14 the language regarding disturbance to the Community as a whole was too broad. In response to this concern Mr. Caughey stated the words "Community as a whole" was requested by Com. Mackenzie at a previous meeting stating the intent was not only to consider adjoining neighbors but also potential disturbance to those neighbors beyond. Com. Adams questioned the exhibits describing the parking Mr. Ferrera, Architect, explained that the ramps in the garage and bridge access will come off the retail level. demonstrated the access path from each level. levels. parking He then Com. Fazekas requested that the width of the bridge be as narrow as economically feasible in order to save more existing frontage trees. Mr. Ferrera responded that the proposed bridge was the same size as the existing bridge. Mr. Endicott stated that the Transit District and Public Works staff favor the bus turnout under the new bridge and that this approach will take out the trees. In response to Com. Mackenzie's question regarding the square footage of the Day Care Center, Mr. Endicott stated if the space was not used for Day Care it will remain vacant or be reserved for community use. Com. Adams expressed concern regarding parking during Christmas time noting that Condo 16 should be updated to reflect the period from Thanksgiving to January 2. PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 4 The public hearing was then opened. Mr. Courtnay Heter, 1111 Milky Way, commented On the heritage tree ordinance proposed by the planning staff and expressed concern regarding the removal of trees in this project. He asked if these trees will be protected under this Ordinance. In response to Mr. Heter's question, Mr. Cowan stated the Ordinance would pertain to all trees unless specified they can be removed. Mr. Heter stated he would like to see the trees saved as they are beneficial to the Community. Com. Mackenzie suggested that the city examine whether the public is getting adequate value out of this Development Agreement. He suggested passing this thought onto the City Council before voting on it. He noted the development was good planning and in the right spot. Com. Fazekas stated this project represents a good design. Com. Adams agreed that the project is well planned. He expressed COncern regarding the potential loss of tress and asked if the system would work without the bridge. He noted the mass of the building had been reduced. Chr. Claudy stated that the project's good design and proper location are commendable. He noted the connecting bridges are necessary and would support staff recommendations. Regarding late evening hours, he would support center wide events or late evening activity by major tenants. Com. Mackenzie made the following changes: Add reference in findings section of all resolutions to all prior hearings as well as the September 24, 1990 meeting. Com. Adams requested an addition to the subconclusions that adoption of the Development Agreement will accomplish the preservation of the Ice Rink and child Care Center; Modify the parking condition in the use permit dates Thanksgiving through Jan 2; He noted Page 1-20 regarding the distribution of hotel rooms, he did not want to tie a specific number of rooms to the Development Agreement. Ms. Leslie Lopez, Deputy city Attorney, suggested that the allocation be based on the prevailing General Plan instead of a figure of 700 rooms. Mr. Caughey stated that staff will consult with the City Attorney regarding technical details of the Development Agreement before it is recorded. A condition of approval allows these adjustments. Com. Mackenzie questioned the assignability of the development noting it will be worked out with the City Attorney. He also PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 5 suggested tieing the square footage of the child Care Center to the Use Permit. Mr. caughey proposed changing the words on page 13 of the Development Agreement to read "based upon the use entitlements granted under 9-U-90". Com. Adams suggested that the sqare footage numbers be revised throughout the Development Agreement. Com. Fazekas suggested on Condo 24 a paragraph be added to limit the width of the bridge. Mr. Caughey stated this concern was covered under the approved exhibits described in Condo 12. Com. Fazekas spoke in favor of 2 for 1 replacement of removed trees. In response to Com. Fazekas question regarding Pylon Signs Mr. Caughey stated this matter is pending before ASAC. Com. Fazekas expressed concern regarding the removal of trees for signs. He suggested adding language to say any tree removed other than for construction is subject to review. Com. Fazekas suggested that Pedestrian Pavers and hardscape be limited to seating areas and pedestrian walkways and retaining walls and landscaping be encouraged as part of the street scape. Com. Adams made the following modification: Condo 18 add the word "the" "to shall be used to calculate the.." Condo 22 third line add "above existing current floor area" after "200,000 s.f. of new floor area..." Pg. 1-26 wording needs to be clarified to read any development outside the green areas require a use permit. Pg. 1-35 under Rules, Regulations and Official POlices, Com. Adams suggested the need for a rule of hierarchy when conflicting conditions are identified. Ms. Leslie Lopez stated the Agreement will cover it. MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: Com. Adams moved to closed the public hearing Com. Mackenzie Passed Com. Mann 4-0 Com. Mackenzie moved to recommend granting a Negative Declaration Com. Fazekas Passed 4-0 Com. Mann Com. Mackenzie moved to recommend adoption of 2-GPA-89 subject to the findings and subconclusions of the hearing as modified by changing the dates in finding 6 to reflect all hearings to date. Com. Fazekas Passed 4-0 Com. Mann PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 6 MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: MOTION: Com. Mackenzie moved to recommend adoption of 7-Z-90 subject to the findings and subconclusions of the hearing with the modification to Condo 2, 2nd paragraph to read " as may be described in the Land Use Element of the then current General Plan." Com. Fazekas Passed 4-0 Com. Mann Com. Mackenzie moved to recommend approval of 9-U-90 subject to the findings and subconclusions of the hearing with the following modifications: Changes to the findings, to reference prior hearings and a generalized statement of the objectives of the City which have been met through the Use Permit process; Condo 14 Paragraph 4, adding the words "written authorization from the Communi ty Development Director would grant late hours for center wide events and for events sponsored by individual tenants encompassing 80,000 ft. or more; Condo 16, dates of the Christmas shopping season will be changed to Thanksgiving through Jan 2; Condo 18 to read ".. .shall be used to calculate the floor area...."; Condo 22 to read "...the first 200,000 s.f. of new floor area beyond the existing floor area of new construction..."; Cond. 23 with minor spelling corrections; Condo 24 two trees replaced for each one removed. Com. Fazekas Passed 4-0 Com. Mann Com. Mackenzie moved to recommend approval of 1-DA-90 subject to the findings and subconclusions of the hearing with the following modifications: finding 5 to reflect minutes of the Planning commission Meeting of August 27, 1990 and September 24, 1990; an additional finding stating that the Ice Rink and Child Care retention, Park and Ride agreement, the design review by ASAC and payment of fees to be included; with the following modifications to the Development Agreement: Page 3 paragraph ( i i) wording will be changed to be more generic as to the entitlements which are allowed under the General Plan based on hotel use in the Vallco Park area without reference to a number of rooms or their distribution, but to the current General Plan at such time; Page 9 to reference no development outside the green zones without a use permit; Page 11, item 2.4, 75 space allocation for the park and ride will be a definite figure; Page 13, with regards to Child Care facility to remove the reference to the 260,000 s.f. allocation under 2-GPA-89 and reference the entitlments granted under 9-U-90; Page 16, 2.7.1 regarding payment of the fee to be consistent PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 7 SECOND: VOTE: ABSENT: with the understanding that 200,000 s.f. is over and above the base line; section 2.8, Have attorneys develop a Rights Superior Clause; Appendix I, on the issue of street scape east of Wolfe Road to reflect the intent to minimize the hardscape. Com. Fazekas Passed 4-0 Com. Mann 2. Application No(s): Applicant: Property Owner: Location: 14-U-90 and Il-TM-90 Terry Brown Construction Bobby and Rita Bell Northeast corner of Lomi ta and Orange Avenues USE PERMIT to construct four (4) detached single family dwellings of approximately 2,200 s.f. floor area each. TENTATIVE MAP to subdivide two existing parcels into four (4) lots, two of which measure 4,700 s.f. and two of which measure 5,250 s.f. staff Presentation: Mr. Bob Cowan presented the staff report. He presented graphics describing the location of the project. He stated this project allows more density than the typical neighborhoods as outlined in the General Plan. He noted the project is consistent with the General Plan. Mr. Cowan stated it is a typical development pattern which has been very successful in Cupertino. He stated staff would like to see more architectural variety in the buildings, consistent with the homes in the general area. He noted a condition of approval was to allow ASAC to change the architecture of the structure. He noted there will be a retention of bay tree and a pepper tree with some fruit trees removed. Staff recommends approval. Applicant Presentation: Mr. Terry Brown stated he had discussion with ASAC and no objections at this time. He had no objections to the staff report. Mr. Brown noted that roofing materials will be discussed with ASAC. Com. Fazekas suggested reversing lot 4. Mr. Brown noted that lots I, 2 and 4 could be reversed and he will meet with ASAC again with specific drawings. The public hearing was opened Mr. Matt Hayes, 10121 Pasadena expressed concern regarding the removal of trees and the increased traffic. He suggested a 4-way stop sign at Lomita and Pasadena. PLANNING COMMISSION MINUTES , Regular Meeting of september 24, 1990 Page 8 MOTION: SECOND: VOTE: ABSENT: Com. Mackenzie moved to close the public hearing Com. Fazekas Passed 4-0 Com. Mann Com. Mackenzie proposed a change to condo 13 of the Use Permit to remove the privacy clause and also to permit the developer to reverse the building as well as the building envelope to be shifted to be in conjunction with ASAC's comments. Ms. Bjurman suggested removing Condo 11 of the Tentative Map. Chr. Claudy spoke in response to Mr. Hayes' comments noting that this size of development can trigger a stop sign. Mr. Cowan stated the Public Works department can preform a traffic study on request to verify the need for a stop sign. MS. Bjurman stated that Condo 12 of the tentative Map should be changed to indicate avocado tree as opposed to pepper tree. MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: MOTION: SECOND: VOTE: ABSENT: Com. Mackenzie moved to recommend adoption of 11-TM-90 subject to the findings and subconclusions of the hearing with the following modifications: Condo 11 deleted; Condo 12 to delete pepper tree on lot 2. Com. Fazekas Passed 4-0 Com. Mann Com. Mackenzie moved to grant a Negative Declaration Com. Fazekas Passed 4-0 Com. Mann Com. Mackenzie moved to adopt 14-U-90 subject to the findings and subconclusions of the hearing with Condo 13 modified to removed the words "reduction of off-site privacy impacts" and add the words "and or reversed" to the last sentence. Com. Fazekas Passed 4-0 Com. Mann PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 9 4. Application No(s): Applicant: Location: 81,004.151 city of cupertino city-wide Preliminary review of proposed amendment to Ordinance 778 concerning the care, preservation and removal of heritage and landmark trees. staff Presentation: Ms. Michele Bjurman presented the staff report. She stated that Ordinance 778 was adopted in January 1977 stating that city council requested more specificity with regard to the definition of heritage trees. She noted Council also wanted specific criteria to regulate the removal of healthy mature trees and the penalties involved. She noted as part of the General Plan Amendment, the reforestation program included the adoption of a tree Ordinance which would define, identify and protect trees of city-wide significance. Ms. Bjurman stated the proposed Ordinance builds upon the existing ordinance with amendments as outline in the staff report. Ms. Bjurman summarized the Ordinance and recapped the Categories of trees protected as outlined in the staff report. In response to Chr. Claudy's question regarding trees on residential property Ms. Bjurman stated residential trees are being regulated because of Council's concern regarding these trees. Chr. claudy clarified that Category 1 pertained to new residential as well as developed residential property. Mr. Cowan stated the Ordinance is to protect a tree from being cut down as opposed to just pruning. Ms. Bjurman noted that as part of the Ordinance only ISI pruning guidelines would be followed. Chr. Claudy expressed concern regarding the pruning and felt it was not a good idea to have an Ordinance which will be violated. Mr. Cowan stated the intent is to not allow over pruning of a tree which will be clarified in the Ordinance. Ms. Bjurman went on to explain the Ordinance stating the Permit requirements would apply when the property owner submits their request. A plot plan identifying all trees on the property showing those to be removed and why will be required. An arborist report maybe requested. Staff suggested a list of approved arborists provided to the city or one City retained arborist. A notice on or near the tree would have to be posted for 10 days notifying the adjoining neighbors of their intentions for this tree and staff would have 15 days to approve, deny and condition the application. Ms. Bjurman recapped the exemptions to this Ordinance as outlined in the staff report and stated a Landmark tree designation would be compiled. PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 10 The legality of this Ordinance was discussed and how much it could be enforced. Com. Mackenzie suggested the city Arborist putting together a tree protection plan and presenting it to homeowners. Com. Fazekas stated this Ordinance was in the public's welfare. Ms. Lopez stated if a tree dies, the city must show intent to kill the tree before the Ordinance can apply Ms. Bjurman gave comparisons with other cities regarding the Ordinance. She stated all trees protected by the Ordinance should be tagged as provided by Public Works and also placed on the property deed. Ms. Bjurman stated the Energy Commission felt Aluminum tags would not work and suggested a notice beside the tree instead. She further stated the Energy Commission would like video of the trees and the City choose specie types rather than size and age. The public hearing was opened. Mr. Courtnay Heter, 1111 Milky Way, representing himself and the Energy Commission, expressed concern regarding the fate of the tree population. He spoke in favor of preserving the trees stating they are a benefit to the city. He noted the Energy commission felt the tags may cause damage to the trees. He noted the Energy Commission are not as knowledgeable as staff on the protection of trees. He spoke in favor of the Ordinance. Ms. Beez Jones, 16891 stevens Canyon Rd., felt this Ordinance allowed too much government control. She stated the citizens should be educated on the care of trees. She noted trees can die of natural causes and trees are very important to the City. Com. Mackenzie felt that education would not work he stated the Ordinance is needed. He spoke in favor of the signs on the trees. Mr. Heter stated that PG&E reserve the right to go on to people's property and trim trees that obstruct lines so the prohibition of public utilities should be consider. He spoke in favor of educating the citizens. He noted trees on private property as well as public property should be treated equally. He commented on a resource for wood chips available to the Community. He spoke in favor of replanting trees. He felt native trees as well as landmark trees should be protected. He noted the community must get involved. Com. Adams stated the wood chips can be put to good use. He supported the education of the citizens. He felt the Ordinance was premature. PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 11 Com. Fazekas stated the Ordinance must be handled carefully and spoke in favor of educating the citizens. Chr. claudy stated it must be an Ordinance involving the City working with the citizens. Com. Fazekas stated he would exclude all fruit trees but native species should be emphasized more. He stated the criteria for granting a permit should be developed. He spoke in support of tagging the treeS and education. Chr. claudy stated, although people do remove significant trees, homeowners do replant trees. He expressed concern regarding newly developed areas stating more significant trees had been lost to hillside developments. Chr. Claudy felt it was going to be difficult enforcing this Ordinance. Com. Fazekas suggested emphasizing issues of cutting down a tree rather than taking care of the trees. Chr. Claudy spoke in favor of the ISI licensed arborists. Mr. Cowan stated the City Geologist will be involved and this is a person with the City in mind. He stated staff will come back with a revised Ordinance. SECOND: VOTE: ABSENT: Com. Mackenzie moved to continue item 5 to October 22, 1990 Com. Fazekas Passed 4-0 Com. Mann MOTION: NEW BUSINESS: 5. Designation of Alternative Planning commission representative of the Environmental Review Committee SECOND: VOTE: ABSENT: Com. Mackenzie appointing Com. Com. Adams Passed Com. Mann moved to adopt the Fazekas as alternate above Resolution MOTION: 4-0 REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None PLANNING COMMISSION MINUTES Regular Meeting of september 24, 1990 Page 12 DISCUSSION OF NEWSPAPER CLIPPINGS: Com. Fazekas commented on the newspaper clipping regarding "Council majority of Bay Area cities break housing law". Mr. Cowan stated the City has a preliminary draft of a housing element to be adopted. He had received a preliminary review back from the state Department of Housing and Community Development with a few comments. He stated the preliminary draft will be returned to the Planning commission with the state's comments. ADJOURNMENT: Having concluded business, the Planning commission adjourned at 10:55 P.M. to the next Regular Meeting of October 22, 1990 at 7:30 P.M. Respectfully submitted, ~ \-'..~g..ýd CatherIne M. Robillard, Recording secretary ..---/ ommission October 22, 1990 Amended 10/8/90