PC 08-13-90
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c:I'lY OF UJ~:uIO, S'rAm OF CAI.:J:PI:HŒA
10300 Torre Avenue
CUpert.ino, CA 950~4
140S} 252-4505
MINtJl'ES OF '!HE RmJIAR MEEI'nlG OF '!HE PIANNING o::t-IMISSION
HElD ON NJGUST 13, 1990
'R1e meetin;r was called to order by 01aUpers0n Claudy at 7:30 p.m.
SAIIJl'E 'IO '!HE FIAG:
!<OIL CALL:
commissioners Present:
01aiman Claudy
l'nmm; "'sioner Fazekas
Canunissioner Mann
Canunissioners Absent:
Canunissioner Þ.dams
vice 01aiman Maclœnzie
Staff Present:
Director of CcmmJnity Deve10pnent Cowan
City Clerk cornelius
city Planner caughey
Assistant City ED;Jineer Whitten (7: 20 p.m.)
City Attomey OJarles Kilian
APPROVAL OF MINtJl'ES:
Regular Meetin;J of July 9, 1990
It was =ved by Ccm. Fazekas, sec::cn3ed by can. Mann am pa"....r¡ unanbnously
(3-0) to approve the mim1tes as suJ::anitted.
Regular Meetin;J of July 23, 1990
It was =ved by can. Fazekas, sec::cn3ed by can. Mann am J?ð"sed 2-0 with
01airman Claudy aI::IStain.in3 to approve the mim1tes as suJ::anitted.
J:œTroNEMENl'S OR NE.W 1\GEND1\. ITEMS:
Item 1: ADclicatlon S-tJ-90 - Hil1view Bièle Church to OS/27/90
Director of CcmmJnity Developnent Cowan anncP.InCed that this item was on
the agen:la in error.
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PIANNIlC cx:HÐ:SSICN MJ:NtJftS
Regular MeetiD¡ of August 13, 1990
WRI'lTEN a:»!UNICATIONS~
-None
ORAL a:»!UNICATIONS
-None
CX)NSENT CAIENI::Ir.R:
-None
RJBLIC HEARINGS:
1. Application No(s):
Applicant:
Property owner:
lJx:ations:
5-U-90 an:! 4-EA-90
'¡'aco Bell Corporation
Matt an:! O1ris LaMonico
Northeast comer of De1Inza Blvd an:! Bollirger
Rd
USE PERMIT to construct an:! operate a 2,000 s. f. freestaJ'xiin; takeout
restaurant.
staff Presentation: Director of Conununity Developnent reviewed the
application an:! his report with the canmissioners. If the Commission
reccmmen:1s approval, he requested they make some "hard" fi.ndi.rgs. Issues
tii "'""''''~ included traffic, leakage from the tanks of the gas station
previously located on that corner (hazardous materials an:! noise from
blower), the bus tumout, an:l the architectural theme. If the application
prrv-"""'<:1'>, staff reccmmen:1s' additional architectural work. However, staff
is rec:ommemi.ng denial of the application. '!he application an:! toxic
cleanup report have gone through the Environmental Review Conunittee. '!he
area can be cleaned up. '!he possibility of the cleanup still beirg done
when the project is ~leted an:! the buildin;¡- in use was also discussed
at ERe. A risk assessment was done. '!he polluter (Shell Oil) is
responsible for cleani.rg up any contam:iI1ants regardless what is done with
the property. '!he lead agencies responsible for m:mitorirg cleanups are
followirg progress. Contam:iI1ants are in the upper grcun:l strata.
Discussion then followed regardin;J the site plan, the bus duckcut,
sidewalks bei.rg located on private property, an:! aban::1onment of a portion
of property on \ the south side if it is not to be used as a public
right-of-way.
Will Harris, area construction manager of Taco Bell on the proposed
project, said that the current buildin;¡- is small with little or no
seatirq. Also, the equipnent is outdated. I.oI'q lines of custaners queue
up. One mid-block cum cut currently is servirg many buildin;¡-s. '!he Taco
Bell mcvirg from its present location will relieve that cum cut. '!he
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proposed new hpi1din; has seatirq capacity for 60 which will reduce
drive-ilVPickup/drive-out traffic. '!he leaseholders want security for
tÞ""""'tives, a quality project am longevity at the site. Taco Bell has
rescmœs for a gateway project am is will1n;J to make a 20-year
camnitment. It is in¡x:Irtant to Taco Bell to have an attractive, appealin;J
project. Taco Bell is imprcvin;J its quality ani bIage. '!he corporate
manual places requirements on the lessors ani a bonus is given with their
compliance.
Mr. Harris stated that if the l"rtmmi "''3ion considers what could go in on
that property, it TNOUld pIt Taco Bell on the top of the list. '!he result
TNOUld be the closin;J of one fast food restaurant am the openi.rv;J of a new
one, so one TNOUld offset the other. All major national fast food
franchises are already represented in the area am Mr. Harris did not
believe CUpertin:> TNOUld get another one on that site. Taco Bell has
worked with the City's traffic en¡ineer ani feels that traffic infoJ:mation
is very accurate. -~ ~ on the level of service at the intersection
TNOUld be illsignificant.
'!he l"rtmmÌ<tsion t'li""""JSsed the location am noise mitigation measures of the
'n1eJ:mal OXidizer Unit. '!he toxic clean-up is scheduled for 22 m:mths;
then all machinery ani noise mitigation walls, etc., will be reJ1¥JVed am
lanjsœpin;J p.lt in. In regard to plan elevations am architecture, Mr.
Harris said he was willin;J to work with the City.
Peter Galloway, 2101 Vanierslice court, No.6, Walnut creek, omni-Means
Traffic Ergil1eers, told the l"rtmmi"'$ion that the traffic figures are the
result of a canbination of rates used by Taco Bell am the starx:Jard
en¡ineerin;J rates. '!he Taco Bell rates were derived fran actual Taco Bell
driveway counts in the Bay' Area. Trips est:iJnated are 58 peak hour trips;
59 was the average of actual counts. 'lberefore, the figures used are very
accurate. DeAnza Boulevard ani Bo11in;Jer Road is a critical intersection.
'!he current level of Service is D- with a 39 secord vehicle delay. With
this project, the level of service TNOUld be the same. After deductin;J the
current Taco Bell trips, the level of service TNOUld still remain aD-.
Mr. Galloway said the Canmission could limit both driveways to right turn
only. '!he busiest time for Ta= Bell is 11:00 a.m.-2:00 p.m.; it is
lunchtime service.
Will Harris addressed the Canmission regardin;¡ the site contamination.
Sane has already been cleaned up. Existin;J soil is bein;J aerated dcMn to
40 feet. He t'li ""f,..=>ñ the cleanup method with the Canmission.
Btuce Maeda, 1063 Morse AVenue, No. 11-204, SUnnyvale, representin;J
Exceltech Inc., described the process bein;J used.
Mr. Whitten told the l'ronmi "-'3ion that the nearest well is at the corner of
Hanestead Road ani DeAnza Boulevard. '!he high erñ of that water table is
around 200 feet.
Will Harris reassured the canmission that Taco Bell will work with l>.SÞ£
regardin;¡ architectural design.
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John Hopkins, 150 Þ.l""'>'!en Avenue, San Jose, attorney repi-esenting Mr. an:!
Mrs. LaMonico, addressed the Ccmmission regarding staff denial as the
proposed developnent is not in c::cmpliance with the General Plan. He said
he thought that issue had been resolved. He feels this tenant has the
best ability to confppn to the gateway stamards an:! urged approval as
consistent with the General Plan. '!here will be no reciprocal
ingress/egress with Paul's Restaurant at this tbne. SUCh a con:tition
could not be :iJtp)sed on Paul's. If the restaurant owner fiNer came in with
an application, it could be :iJtp)sed at that tbne.
Matt LaMonico, 1349 Joplin Drive, NO.2, San Jose, one of the property
owners, said that when he got the property, he planned to keep it for his
later years as f:i.nancial security. He would like Taco Bell there.
John Allam, Blic1<man-'I\.1rkus, 162 Anchorage Avenue, Santa cruz, said the
project makes economic sense for fiNer¡one. '
M:1l'ION: Can. Fazekas" lI'OVed to close the pJl::>lic hearing.
SEXX)ND: Can. Mann
VOI'E: Passed 3-0
Mr. Whitten addressed the canmission regarding the excess street
right-of-way at the intersection corner an:! said there may be some
utilities there. '!he Canmission may want to reo .,.,....IÙ that City Council
have staff look at reli.nquishi.rq excess right-of-way.
OJris LaMonico said that the excess right-of-way had previously been
granted to them an:! they have the pape¡:wrk.
Com. Fazekas and Mann felt the use did conform with the General Plan;
however, CaIn. Fazekas said' he would like a higher stanJard of lan::1scapirq
(20 ft.) and architecture.
~ Claudy stated he was satisfied that traffic will be within
acceptable boun:1s. '!he other CCIIIIIIIissioners agreed. '!he architectural
design could go back to /\SAC or cane directly back to the Planni.n;¡
Commission. If the excess right-of-way has not been previously abandoned,
the application could be rec::amnenied for approval c:ontirqent upon that
aban::lonment. C"rmuni"'-sion rli""",1.Ssed the bus turnout an:! the need for full
lan::1scapirq .
Can. Mann sugge¡;ted that the bench for those waiting for the bus and the
pad could be integrated into the lan::1scapirq. She suggested that
r..........ucrr:Jations on lan::1scapirq go back to /\SAC as well as direction for
iIInovative architecture with a st:xtm;J request that /\SAC use its
imagination an:! go aver the design with a good eye.
~ Claudy said he would like the architecture to cane back to the
Commission for a quick look as a New aJsiness item.
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COIn. Fazekas ~ a desire for the opportunity to look at a few
designs with miIWm.m1 15 ft. landscapin¡ !ran the sidewalk.
FollCMirq a suggestion frail Mr. cowan that the ('nmm; ..sion could continue
the application and]J.nú.t ñi ......1Ssion to the architecture and shiftin¡ the
!:1l1i1din;J on that site, Mr. Harris requested that the camnission vote on
the application tonight. '!hen, he ~d come back to work with staff and
ASAC.
Mr. cowan stated that the city Council is look.irq for a JOOre CX'II'plete
reo .""...-'1dation !ran the Pléll1lÙJ'Y;J Canmission. It is appropriate to have
issues resolved prior to an application J:¡ein¡ heaJ:d by Council.
IDl'ION: can. Fazekas lIKJVed for denial of ~lication 5-U-90 with fin:lirgs
as per staff Resolution. '!he architecture is inappropriate for
the site; it is not gateway quality. '
Motion died for lack òf secord.
IDl'ION: can. Mann lIKJVed to L"",^",lIlerxi the grantirq of a Negative
Declaration for Application 4-EA-90
SEa:>ND: can. Claudy
Wl'E: Passed 2-1
IDl'ION: can. Mann lIKJVed to reçn¡onørd approval of ~lication 5-U-90 as
written with ontition No. 21 amen:led for right tum only on
Bollin¡er; the third line chan;¡ed from iJumediate to future, and
the addition of ontition No. 24 that ASAC will review the
architecture and landscapirq with reo ."".....rv:lations from the
Pléll1lÙJ'Y;J o-tmnkc:ion and the authority to make shifts in the
buildin;J to maximize setœcks. In regard to architecture, it is
to be a statement buildin;J and therefore, outstan:iin:J.
SECDND: can. Claudy ,
Wl'E: Passed 2-1
2. Application No(s):
Applicant:
Property 00Iner:
Locations:
2-GPA-89, 7-Z-90, 9-U-90, l-DA-90 and l7-EA-90
Westfield, Inc.
Westland Shoppin¡ center L.P.
East and west of Wolfe Read from Stevens Creek
to Interstate 280
GENERAL PIAN AMpIIMENl' to increase the developnent cap for the Vallco
Fashion Park regional shoppin¡ center from 1,385,000 s.f. to 1,645,000
s.f.
REZONING of approxiJnately 5.9 acres at the southeast comer of Wolfe Read
and Vallco Parkway from P(œ,ML,Office,Hotel) Planned Development with
l"rJmmF!rcialjLight In:.iustrial/OfficejHote1 intent to P (Regional Shoppin¡)
Intent, or such other zone as deemed appropriate by the PlaJ'1lÙJ1q
Commission of City Council consistent with the General Plan.
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USE PERMIT to allow net expansion of the Vallee Fashion Park regional
shopping center by 260,000 s.f.
DEVEIDFMENT AGREDŒNr between the City of 0Ipertil10 ani Westfield, Inc. to
assure future develdþnent of said Vallee Fashion Park acx:ordin; to lani
use entitlements granted by the City for a fixed time period in exchan;¡'e
for defined p.¡blic benefits granted by Westfield, Inc., ani providing for
other benefits ani obligations to the signatories to said agreement.
staff Presentation: city Planner Caughey recapped remarks about this
application fran the July 9 meetin;¡ as well as Plannin;J Commission
conc:erns ani the developer's actions addressin;¡ these concerns.
John En:iicott, 11111 Santa Monica Boulevard, No. 1700, Iœ Angeles, asked
a question about Con:lition No. 23. .
Mr. Caughey infornied him that these con:litions were based on the
developnent agreement not bein;¡ signed. If the develo¡;ment agreement is
approved, sane con:litions may have to be re-written. '!his will done at
the City O:iuncil level.
Mr. Cowan expressed a concern about the developnent agreement ani stated
it had always been his intent that Plannin;J Commission ani the City
Council will have the fiJ1al architectural approval.
Mr. En:iicott said that had not been his \JMerstanding.
Mr. Cowan felt that it was a two stage process, a developœnt agreement
for square footage ani a separate review for architectural design.
Discussion followed regëU:'din; pages 18 ani 19 of the proposed. develo¡;ment
agreement.
Mr. En:iicott pointed cut that the agreement states that a detailed
architectural agreement will be sent to the Plannin;J Department.
In response to Q1a!rperson Claudy' s statenent that there needs to be
sc:ønethin; that says that if the developnent agreement is approved which
con:litions will not be enforced, Mr. :Kilian stated that something can be
included that the develo¡;ment agreement takes precedence when con:litions
are in conflict with it.
.
Torr:! Ferrera, 11111 Santa Monica Boulevard, No. 1700, Iœ An;eles, project
architect, reviewed the site plan ani subnitted xerox copies of ¡;:hotos.
What is proposed will be sympathetic, canpatible, but better architecture
than what is already there.
Nancy Emnett" 729 SteOOahl Lane, reviewed a history of the pertinent
General Plan aJI'elXhœnt ani use permit. She expressed concern regard.in;J
traffic ani pollution. '!be ice rink was a "carrot". Westfield bought the
shopping center ani wanted to qet rid of the ice rink. Because of p.¡blic
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ootcI:y, the ice rink was maintained. She expressed concern regardin;¡ the
quantity of scp.mre footage increase beiD; requested. 'Ibis is the third
time Westfield has been here aM each time the pLoposal is more detailed
as if it were a~ed. She felt that soon the City cxW.d not turn back
aM inquired aJJout al~te uses for the area.
'!he three l"'t"Im!I\i .....ioners present said they would liJœ to review this
application one more time prior to a decision aM requested detailed
architectural guidelines.
Mr. Cowan asked if the commission wanted detailed design guidelines aM
then staff would approve for the J::W.1din;J permit, or lesser guidelines
with a review by ASAC aM the PlaI1!'1in3' eœmi !':sion. staff will briD; back
infomation with a reocmnen:Jation. Staff will also look at a third floor
addition for I. Magnin aM chan;JiD; the color of the "green stalri>".
Guidelines will inclu::1e the quality of the materials, articulation,
pedestrian access aM, bridqiD; materials.
M:7l'ION: Can. Mann m:wed to continue consideration of this item to the
meetiD; of August 27.
SECDND: Com. Fazekas
VOI'E: Passed 3-0
M:7l'ION: Can. Fazekas m:wed to continue Items 4, 5, aM 6 to an adjourned
meetiD; which will be held at 7:30 p.m., 'Ihursday, August 16.
SECX:IND: Can. Mann
VOI'E: Passed 3-0
RECESS: 10:35-10:50 P.M.
3. Application No(s):
Applicant:
Property o.mer:
Locations:
16-U-90 aM 26-EA-90
David Bard.1cci
victor Castello
Southeast comer of StelliD; Road aM Stevens
Creek Blvd
USE PE!MrT to construct a 5,900 s.f. siD;le story ccmmercial buildin;J with
related site inrproveIœ1'lts; demolition of t\¥O exis'tin; detached dwellin;s.
Staff Presentation: city Planner caughey reviewed rec:anmerxied con:1itions
aM pointed out that the StelliD; Road frontage lan:1scapiD; will be
deferred until better stamards have been developed.
,
Dave Bard.1cci of Bard.1cci aM Associates, architect, said that the
con:1itions regardin;¡ the masonry wall aM deferred lardscapiD; were
acceptable to him. He did express concern regardin;¡ the el:iJni11ation of
one parkirg stall in front of the project.
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Di$CI""'ion followed regard:ing un::1ergroun:ii of the ro&E transformer and
where shrubs will œ located since it is not UI'Idergrcurxi. other items
ñi"""lSsed perta:iJ1ed to the widenirq of Bianchi Way and perhaps, the
addition of a second stmy on the buil~. '!he second story would
consist of residential-·units.
Mr. BaIñucci told the C'rImmi "'Sion that any plans for second story
residential had broken down on the parld.n:J issue. Family units require a
larger l'1UII1ber of vehicle and covered parld.n:J spaces. '!his site does not
=tain enough roan. Also, the elevation was a problem.
IDTION: o:m. Fazekas!IK:Ned to close the pmlic hearlrq.
SEXX>ND: o:m. Mann
VOl'E: Passed
3-0
IDTION: o:m. Mann !lK:Ned to recamnen:l the grantiIx:J of a Negative
Declaration.,
SEOJND: o:m. Fazekas
VOl'E: Passed 3-0
MJI'ION: o:m. Mann !lK:Ned to approve the application as presented with the
corx:litions per the mxiel Resolution amerxied to slide the project
five feet to the east to provide for laOOscaplrq.
ADJOURNMENl'
At 11: 15 p.m., it was!IK:Ned by o:m. Fazekas and seconded by OIairperson
Claudy to adjoum to 'Ihursday, August 16, 7:30 p.m.
~lY2·
£~~
11 ~us,
Recordin;J Secretary
Approved by the PlaJ'll'lirq Camnission
at the Regular MeetiIx:J of August 13, 1990
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A~ÆL
Do 11 ius, City Clerk
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