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PC 07-09-90 CIT1{ OF aJPERl'INO, STATE OF CALUORNIA 10300 Torre Avenue CUpertino, CA 95014 (408) 252-4505 MINm!S OF 'mE REØJIAR MEI!:1':I1Ç OF 'mE PI1INNI}I; <XMIISSIœ lIEU) œ .JUIK 9, 1990 SAII7.Œ '10 'mE FUG: RJIL CAIL: Ccmm\issioners Present: Q1aiman Cla\Xly C"nmmi -icmer Adams C"nmmi-icmer Fazekas C"nmmi R$icmer Mackenzie C"nmmi -icmer Mann staff Present: Robert Cowan, Director of C'nnrm1l'1ity Development Mark Caughey, City Planner Travice Whitten, Assistant City Erx;J:i11eer Michele Bjurman, Planner I Leslie lopez, DepIty City Attorney :Rcbert:a Wolfe, DepIty city Clerk APIKNAL OF MINUrES M:1l'ION: Can. Fazekas JOCJVed to awrove the minutes of the June 11, 1990 meetin;J, as ëIII1eOOed. '!he followin;1 were the amerxhnents: Page 3, paragra¡:h 4, last line, ch.an;e "deed" to "ñ~eñ". Page 3 , paragra¡:h 6, ch.an;e to read, "Can. Adams stated although this is feasible, a hcmecwners association has problems collectin] fI.1ms to maintain the trees." Page 4, paragra¡;h 6, first line, ch.an;e "look" to "lcoked", Page 9, paragra¡:h 10, second sentence shalld read, "He noted regardin;J the lamscapin] ani suggested that the developer offer the neighbors behin:i the ac::oostical wall trees for privacy enhancement." Page 10, M::rt:ion, line 14, chan;¡'e "fill" to "lamscapin]". Page 11, paragra¡:h 10 shalld read, ". . . to make sure there are adequate visual corridors for the A'lM closest to the street security requirements." SEO:>ND: Can. Mann VOI'E: Passed with Can. Mackenzie abstainin;¡' 4-0 SEO:>ND: Can. Adams JOCJVed to approve the minutes of the June 25, 1990 meetin;J, as presented. Can. Fazekas Passed with Can. Cla\Xly abstainin;¡' 4-0 -1- M:1l'ION : VOI'E : PIANNnr; cx:øassrœ MImTEs Regular Meetin3 of J'uly 9, 1990 Page 2 ~ œ NEJf ~ I'lDI;: ITEM 5 APDlication 6-Z-90 am 9-'IM-90 - Bruce Irwin. Carl Zamer _ continuance requested to J'uly 23, 1990 ITEM 7 APDlication 9-tJ-83 (A1nendM) Greaorv GrcA.ID _ continuance requested to J'uly 23, 1990. M:n'ION: Can. Adams m::Ned to continue Items 5 am 7 to the J'uly 23, 1990, meetin:]. Can. Mann Passed 5-0 SEroND: VOl'E : Mu:J.·.L:J!Zl <XHI1NICATIæs Drawin:Js relatin:] to Item 3. œAL <XHI1NICATIæs None. crmmr CAImIDAR 1. Application 10-tJ-88: BrcIwrVHerrPú.ll: Requestin3 one year extension of approved use pe¡:mit to construct a 2,600 sq. ft. office/ commercial/ residential addition to an ex:Lstin:J commercial buildin,¡ at the northwest corner of p.."""de.na am Granada Avenues. M:n'ION: Can. Mackenzie m::Ned to awrove the Consent Calerx!ar as suJ:mitted. Can. Adams. Passed 5-0 SEO:tID: VOl'E : rom.J:C IIEi\RIH:;S 2. Application No. (s) Applicant Property OWner Location 4-'IM-90 am 10-FA-90 Edward M. Giuliani Alice Ruth Norman North of am adjacent to the southerly terminus of Uplam Way TENTATIVE MAP to subdivide 0.97 acre with an average slope exceedin;¡- 20% into two lots of 14,200 sq. ft. am 16,700 sq. ft. respectively. CDNI'INUED FR:M 'lEE PLANNING CXJoIMISSION MEETING OF 6/25/90 ENVJ:RONME:t.1r ASSESSMENl': Negative Declaration Reccmmerx:led PLANNING CXJoIMISSION ACI'ION FINAL UNIESS APPFAIED -2- l'LANNIJG ~œ HIIÐD!S Regular Meetin; of JUly 9, 1990 Page 3 City Planner caughey pLLILed the staff l"epOlt and reo...u.uéI&tion. Can. Fazekas asked if cw::iJ and gutter will be required, and Mr. caughey said that was addressed in Con:lition 2. Can. Fazekas also had questions aboot the trees beÏn3 cut - will cuttin;J them cause a scar on the hillside. Mr. caughey said cuttin;J the trees waùd allow greater visibility of this development to the valley floor. M:1I'ION : SECX:>ND: VOlE : Can. Mackenzie IIIC:II1ed to close the public hearin;. Can. Adams Passed 5-0 Can. Adams asked aba.tt the J::~t fran the amorist. Mr. caughey said it was a thoraJgh lq>UL L. Q1r. Claudy stated that the city's ridqeline protection ordiI1ance does not work. '!he present awlication meets the requirements of the ordi.nance so he can't vote against it. Can. Fazekas asked aba.tt protection for three of the trees and if subdivisions require street tree plantin;J. Mr. caughey said street trees are :installed in a conventional subdivision - it is a stamard con:liticn of approval. Can. Fazekas suggested addin;J street trees on Upland Way. Can. Adams asked whether the fire department waùd require that the trees be cleared. D:irec:t:or of Chmno"1ity Devel"¥"",,IL Cowan said there are some requirements regardin;J hai close trees are to fireplaces. Can. Mann said maybe there shaù.d be a m:>ratorium on building on the ridgelines. Mr. Cowan asked if Cmmi....ion wanted an item addressin; these and other ridqeline protection issues on an ageOOa within the next =nth. By consensus, Chlwni....ion agreed. Can. Mackenzie and Q1r. Claudy concurred with Can. Fazekas regardin;J street trees. Mr. Cowan said that ASAC 1III.ISt a¡:prove land"""'pin; in an RHS zone. -3- PIANtmI; <XHIISSXœ HIlm!iS Regular Meet:in¡ of July 9, 1990 Page 4 M:n'ICN: SE<DND: VOI'E : M:n'ICN: SECX:iND: VOI'E: Can. Adams IIK:IVed to r'1'O ·....-,ñ grantjn;J a Negative Declaration. Can. Mackenzie Passed 5-0 Can. Fazekas IIK:IVed to ~ Application 4-'IM-90 subject to the fin:iin;p; ani suboonc:lusions of the hearin; with the followin; nxxlifications: 1. Con:tition 5 in conjunction with Con:tition 20 requirin; ASAC review of laniscapin; _ a¡:plicant shall sul::mit to ASAC for their approval a laniscapin; plan with trees carpatible to the area for trees to be placed within the right of way of Uplani Way. 2. Add to Comition 21 that a scenic easement that protects the three =st westerly on-site pine trees be part of the final map. Can. Adams 5-0 3. Application No(s) Applicant Property Owner Location 2-GPA-89 , 7-Z-90, 9-U-90, 1-D!'\-90 AND 17-EA-90 Westfield, Inc. Westlani ShoR>in; Center L. P. East ani west of Wolfe Road from Stevens Creek to Interstate 280 GENERAL PIAN 1IMENIMENT to :increase the deve1'¥,.....L cap for the Vallco Fashion Park regional ~in; center from 1,385,000 sq. ft. to 1,645,000 sq. ft. REZONING of approximately 5.9 acres at the southeast corner of Wolfe Road ani Vallco Park!olay fran P (ex;, MI., Office, Hotel) Planned Deve10pnent with Canmercial/Light Iniustrial/Office/HOte1 intent to P (Regional ShoR>in;) Intent, or such other zone as deemed a¡:propriate by the PlëUll1i.rg- Callmission or City Council consistent with the General Plan. USE PEmIT to allow net expansion of the Vallco Fashion Park regional ~in; center by 260,000 sq. ft. DEVEIDtMENl' 1\GREEMENT between the City of CJpertino ani Westfield, Inc. to assure future deve1'¥U'=11t of said Vallco Fashion Park accordin; to lani use entitlements granted by the City for a fixed time period, in exchan;Je for def:ined p.¡blic benefits granted by Westfield, Inc. , ani proviclin;¡' for other benefits ani obligations to the signatories to said ag1:e.:.liellt. ~ DEI'ERMINATICN: Negative Declaration reccmnezxied on all matters except 1-D!'\-90 subject to separate assessment. -4- PIANNIN:; CXHD:SSIQiI MINu.ŒS Regular Meetin; of .J\J1y 9, 1990 Page 5 staff Presentation City Planner Caughey stated that the p.D:I:::S'I!S of tonight's hear:in3' were 1. to br:in3' l"'nmni"'Sion up to date on sane of staff's thi.nkin;J on the terms of the devel,-""""It ay...........rt; by br:in3':in3' out sane points of departure an:} points of ay............L that staff has :reached with Westfield since I"'nmni....ion last ñi"'<'lSS-ed the awlication, an:} 2. to acquaint Commission with the developer's response to sane of the direction given in terms of definirç the architectural context: of devel,-"""".L on the Rose Ec:Ml portion of the Westfield holcti.rçs. He asked that I"'nmni....ion discuss the terms of the devel,-""""It ð.<;Il..........L I:Iut take no action on the awlication at this time. Mr. Caughey presEIJted a staff :t.e¡,.u..t; which addressed mixed use ZOIÚn]', floor plan inventory, major retail tenancy, the ice rink, develo¡;ment agJ::eemeI It , master use pemit linkage, child care, signs an:} transportation incl1Jdin;J (1) transportation demani management participation, (2) bus transit obligations an:} (3) park an:} ride lot. Mr. Caughey reported that another req.rlrement that ties in to some extent with transportation mitigation an:} also to the idea of go:in3' to additional air rights aver Wolfe Road an:1 Valloo Parkway is the idea of conti.nuin; the environmental impact fee that has been paid by Valloo Park since 1974 or 1975. It is currently at $67,000 a year an:1 has four or five IOOre years to run. staff is suggestin;J that the fee be raised to $100,000 per year escalating at $25,000 every five years throughout the life of the develqment agreement. Mr. Caughey presented a drawing' depict:in3' an overview of \>tIat is planned. He also shewed gra¡:hics regardiJ'q setbacks, service areas an:1 design issues incl1Jdin;J stacJdn;J of vertical wall plans for retail floors. He asked for I"'nmni....ion directicn on these tcpics an:1 refinement of the architectural directicn. staff waIld ocme back next meetin;J with the actual corxli.tions of ~. Mr. Cowan mentioned the relationship with Tan:1em regardiJ'q parki.n;. He said he thinks Westfield can enter into a ooc:p!I'ative agreement with Tan:1em. earn. 1Idams reca¡;:p!d the histo%Y of the devel,-""""It; of this area regardiJ'q a hotel. He said \>tIat he sees is that we are re1:air1:in3' the hotel option on this 5.9 acre parcel. He asked if that heJ.n; set in the development a':j.l.=1eI1t I:Iut not b.Iilt precludes a hotel option outside that 5.9 acres or on the site of the original Marriott (presently a.med by Tan:1em) . Mr. Cowan said Westfield wants to keep the option open for a hotel if one is not b.Iilt somewhere else. '!he staff waIld encourage one or two small hotels in Valloo Park or scuth of 280. He said he thinks the Camnission might see an awlication frail Tan:1em to integrate a small hotel (200-250 roans, all suites, a business product, not a full service hotel) into the PIANNnI; CXHIISSIŒ MIHm!S Regular Meeting of July 9, 1990 Page 6 area south of this site. Com. Adams said he didn't want the deve1~Jt agl......1eI'lt regard,irq the hotel to mean no one else could build a hotel. Regardin¡ the ~ ani bus tun10uts on Wolfe Road, he asked if there had been any di"""lSsion of lOOVirq to sane other locations. Mr. Caughey said there had been, I:::ut the Wolfe Road locations are preferable. Com. Adams asked about r-c¡gOSsirq the setbacks on Wolfe ani Vallco Parkway if the 8)(panSion is not in the Rose Bowl area I:::ut sanewhere else. Mr. CcMan said the geogra¡i1i.c limit for the pl~ 8)(panSion is defined as those in the drawirq per the deve1o¡;ment agr-."ent. Com. Mann stated that the Deve1~1t Aç ............,t seems to say that Westfield has the option if they exparxi in the Rose Bowl site to do all sorts of thi.n3s elsewhere. Mr. Caughey referred to page 9 of the deve1o¡;ment agl......IeIJt ani said this is a point that needs to be clarified. Com. Mann asked for clarification regard,irq the five foot setback. Mr. Caughey answered that if staff un:lerstooc1 Camnission 's direction correctly, the five foot setback fran Wolfe Road ani Vallco Parkway would be at those points where the bridges connect. 'Ihe existirq double rem of trees on Wolfe Road would not be jeopardized. Applicant 1'resentation: John En:tioott, 11111 Santa M::Inica Boulevard, #1700, Los Angeles, 90025, representirq Westfield, Inc. stated that the architect ani attorney for the project were also present. He (>.",,-.t1:eci on the fOllowirq points raised in the staff report: 1. How:s for peJ:l11Ítted uses - To the extent the Westfield has uses outside peJ:l11Ítted ~ they want to make those existirq uses conform (e.g., ioe rink, cinemas, not live entertainment uses). 2. Measurement of kiosk spaoe - Mr. En:tioott said he believed that Westfield OCII1plies with Camnission's request. 3. Size of department store - Mr. En:tioott said the store will say how big they are - it's not negotiable with them. Westfield wants to include as many potential cæxtidates as possible by keepirq the 80,000 sq. ft. figure; 100,000 sq. ft. would eliminate sane cæxtidates. 4. arlld care - Westfield intenis to continue the existirq child care facility. -6- PIANNDG ~II d MIR7D!S Regular Meetin3' of JUly 9, 1990 Page 7 5. <JIan;Je of groom rules for negotiations - Mr. Erñicott said that Westfield considered the introduction of the $100,000 fee as part of the devel"'1-""='tt expansion request a big ~ :in the groom rules. '!he fee is very significant. With the escalation clause, it ooold rim to $1.5-2 million. Payment of the fee eliJn:inates Westfield's prior offers as to park am ride am transit facilities. with the ~~ expansion, the City will collect m:>re sales tax frail Westfield. To be asked to pay $120,000-150,000 per year was not part of the tii""'1Ssion. Mr. Endicott stated that the bulk of the devel"'1-""='tt wculd be :in the area defined by the green lines on the diagram displayed for l"nT1rni ...~ion. '!he other areas are small am Westfield may want to be able to use them. '!hey might want to go another level :in sane areas am wculd like a certa:in annmt of flexibility :in the site plan. Westfield wants a docI1IIIØ"lt that works, as it related to bein; able to can:y cut their work am as it relates to a¡:prcvals. Can. Adams stated conceJ:T1S with the contenplated view of potential devel"'1-""='lL areas. Mr. Cowan said Canmission shaIld go aver the major provisions of the devel~tt acp:een.:..tt at this meetin;J. Can. Adams said he didn't realize the mass of the anticipated frontages at Wolfe am Vallco Parkway. Mr. Endicott said he thaJght it wculd be good for the architect to make his presentation at this tiJDe. Can. Mann said the ayL..........tt wculd alla.r the developer to expan:i anywhere they wished, not just :in the area defined by green lines. em-. Claudy stated that at this tiJDe Canmission was tzyin3' to gather infomation am then wculd be the tiJDe to ask additional questions. Can. Fazekas asked aIxut addin;J another level to the center. Mr. Endicott said they had tii..,..,,,,,,,eci addin;J a secon:i floor to I. Magnin, thus highligl1tiJ'g' the need for flexibility :in usin3' the existin3' approved square footage am the area they have asked for. He said they are not looJdn;J to make Vallco a three level center. Terry Ferrera, project architect for Westfield, said there had been conceJ:T1S with loaciliY;J all alorq Vallco Parkway. He showed drawings of an optional loadin;J zone on the other side of the 1::W.1c:lin;r am said that when Taniem develops on the adjacent prqJerty they ooold ~ their loadin;J zones back there too. He showed 1i1otœ of the existin3' 1::W.1d!rçs with the proposed project sketched onto them. -7- PIANNm:; <XHIISSIœ MIK71ES Regular Meetirq of July 9, 1990 Page 8 Can. Adams asked about the height of the structure on the 00n1er of Wolfe Road ani Valloo Parkway. Mr. Ferrera said it is 51 ft. high. He said the same oollc~'1,L regardin¡ loadin¡ bays ani service corridors ~d exist here as in the ~ center. He said there ~d no lan:iscapin; on the south side if the loadin¡ bays were located there. Can. Fazekas expressed concerns regardin¡ the trees in the parkway. Mr. Ferrera stated those trees ~d not cane down unless ~ for the bus tunIouts. Mr. Cowan said the transit district's ideal location is near the corner of Stevens Creek in the Sears parkin] lot am acrcss the street fran that lot. He said the Chmnil'lSion !lUSt decide at this tUne to what degree the applicant can go outside envelopes outlined, for exaJ1¡)le can they add a level to ~ structures. CaIn. Fazekas asked if the fact that Sears owns the property they are on l:!mite the City's ability to negotiate. Mr. Emioott said the development acp:e...,leut was linked to the ice rink which is on Westfield lani. No one can guarantee the ice rink blt Westfield. Can. Fazekas asked whether the 75 spaces for the park ani ride lot were on Sears lani. Mr. Emioott answered that the offer in regard to transportation was no lon;¡er on the table because of the fee the City has proposed. What they are prcposin; for this property is what was shown on the 1983 application. 'Ib I:W.ld bridges ani have to pay another premium for them is not sanet:hinJ they foresaw. In Los ArJ;Jeles, there is no charge for I::W.lding on a bridge that they own the property on either side of. Nancy annett, 729 Stendha1 Lane, sunnnarized Westfield's proposal ani stated that the lY"Immmity ~d gain increased sales tax revenues as well as be guaranteed that the ice rink ~d remain. However, there ~d be increased traffic in the area, the visual iJlpact of greater I:W.lding mass, environmental inpacts (greater water usage, JOOre waste material generated, lower air quality fran auto emissia1S), ani a greater imbalance in the jabsjhousin; ratio. She said the Goals Camnittee is lookin;J at many of the problems associated with growth. She urged Canmission to r.o......,.,..rxi that Council p.lt this proposal on hold lD'1til after the General Plan review when the matter can be addressed as part of the whole picture, not as an isolated application. 0Jr. Claudy stated the opinion that the ice rink is drivin; the consideration of the devel,¥,,,,,,1t a<p:e..u....It. 'Ihe major thin;r the City gets out of it besides the ice rink is increased sales tax. 'Ihe Goals Camnittee is lookin;J at ways to increase:revenues. Sales tax cane fran retail ani hotels. Westfield wants to know where they're goin;. Camnission is ttyin; to balance out between lookin;J at every detail of the -8- P.UINNDIG a::øm:<:Tœ MJ:N(7ß;S Regular Meetin;¡ of .JUly 9, 1990 Page 9 proposed ~ an:1 givjn;J Westfield free rein. '!bey can only give staff direction at this time. Com. Mann said there is a lot in the develVJ:Aut:ut ag1:""",,,ehL, an:1 a lot of it is a blank check. As a negotiatin; tool it is an excellent ploy. She stated she is 1JI'ICCImfortable with camnittjn;J the City to so much at one time. She wwld be willjn;J to say yes, we'll set the area for a department store so Westfield can go out an:1 attract can:lidates. She said the DevelVJ:Alll"'lt agl.....tIellt is too imeteminate in def~ where expansion can occur. Regëm:J.in;J the jobsjhcusjn;J balance, no housjn;J is provided. She stated that c::hi1d care center DBJSt be provided so people can go to work. 0Jr. Claudy stated that the exi.stin;J zanin;¡- wa1ld allow Westfield to add 285,000 sq. W'ts1de the green area. '!bey wa1ld have to c:ane in for use pemits, however. Mr. 0:Iwan asked if Camnission wanted to control the space allocation an:1 scale of the expansion. Com. Fazekas said he had concerns re the scope of the development. 0Jr. Claudy said Westfield is asJdrq to build another 535,000 sq. ft. includin;¡' 400,000 in the Rose Bowl without a use pemit. Mr. 0:Iwan stated that the space frame ~ wa1ld be the use pemit. He said Cronmi "'5ion should ask for horizontal an:1 vertical buildin;r envelopes for the entire site. 0Jr. Claudy stated that the develVJ:Alll"'lt agre.:.-lt could say 400,000 sq. ft. could be developed within the Rose Bowl. Any expansion in the rest of the center wwld require use pemit ~lications as they go alon:J an:1 is not within the developœnt agree_Ht. Com. Fazekas asked if Cronmi ""3ioo wa1ld favor inc:reased lamscapjn;J all aroun::l. Com. Mann stated the opinion that the proposed buildin;r is too lon:J an:1 narrow an:1 awears unbalanced. 0Jr. Claudy stated the opinion that people wa1ldn't notice it bejn;J lon:J an:1 narrow, but wa1ld notice that it's big. He had concerns about the department store bein] a ''big box." Com. Fazekas said he believes that arr:¡ retailer can fit into arr:¡ other store's space. -9- PIANNIle CXHfiSSraf MIlÐ11!S Regular Meetinq of JUly 9, 1990 Page 10 Can. Adams said maybe the answer is to allocate 1/2 million sq. ft. to various sites. Q¡r. Claudy said the ¡q:plicant will probably say they want to deteJ:m:ine how much am Where. Can. Mackenzie said the thin;¡s to be gained !ran the develcpnent agI:e...ent are the ice rink, additional sales tax am a convenient place to shop. Com. Adams said he thought the develcpnent ag.......,ent is a positive aspect for both Westfield am the City. He stated concerns reqardin;J the traffic Í1rpact if all 500,000 sq. ft. is on the 5.9 acre site. Can. Mann said that the City pays lip SE!lVice to getting people into public transit am then provides nme parkin;J. Mr. Cowan said that 0Jpertin0 can't offer eoo¡k:.uic incentives to developers that other cities can. '!he devel"'1-""""lt agl""""""'IL may offer a OOu!t-""titive edge. Com. Mackenzie stated the opinion that the devel'¥'....t agreement should be a specific plan to provide sane flexibility for Westfield to attract a major department store tenant am to b.1i1d out the shopping center. '!he developnent agreement 1o'OOld ¡q:ply to areas defined by the green area (Rose BcMI, bridges). Regarding child care, he said Westfield should perpetuate the existing facility, not necessarily anything new. Q¡r. Claudy asked for info:cnation on use of child care - is it used for drop in for shoppers' kids or for enployees' kids. '!he center needs one mere oriented to care for enployees' kids. Mr. Erxlicott said the drop in use by custaDers is the least part of the use. It is predan:inant],y used by enployees. Can. Mackenzie asked if theaters are a pennitted use. Mr. Cowan said they are part of the master use pennit but there is a question of time of closing - if it closed beyoM 11:00 p.m., they 1o'OOld need a use pennit. Can. Mackenzie said he 1o'OOld like the ice rink am child care tied to the operation of the center, not to the devel"'1-""""lt agreement. By consensus, Ccnunission oonc::urred. Can. Mackenzie said he favored 100,000 sq. ft. for the single user space reservation. Q¡r. Claudy agreed. -10- PIANNIH:; CXHITRSD:H MDII1mS Regular Meetin;J of July 9, 1990 Page 11 can. l\èams said he sees an 80,000 sq. ft. tenant as viable. He is tryin;J to be reasonable with the a¡;plicant' s side of the deve1o¡;:rnent a<;¡-L=mt<ltt and make sure City has a workable deve1...~It agreement. He said he doesn't see why we should deman:i 100,000 sq. ft. can. Mackenzie said his reascm. is he wants to be sure there is a big anchor tenant. au-. Claudy stated that 100,000 sq. ft. is at the low en:1 of leasable space required by JOOSt retailers. Regardirg pemitted uses, Mr. Cowan clarified that staff ~d like to see the oab.....~L of the prcSDltt master use pemit extended which requires separate use pemit approval for late E!IlE!IÚn1 entertainment (bars). au-. Claudy and can. l\èams suworted that position. Mr. Cowan said he didn't think Westfield has prå:>lem with c:x:min;J back for a use pemit hut maybe with the time restriction (11:00 p.m. closin;J). can. Mackenzie stated conc:erns regarð.in:J theaters and ~d like to have them get a use pemit. Mr. Cowan said staff will CXIIIE! back with different approaches re theaters. CaIn. Mackenzie said he is in favor of ext:err:ti.n3' the master use pemit into the green area. Regardirg mixed use entitlement, Canmission by oansensus agreed with the principles in the staff ....p.>rt as follow: (1) Rem:we reference to zorú.!'q approvals fran the deve1o¡;:rnent ag1:e.:......tt. (2) Specify a separate use pemit review pro........'II,1"e for mixed retail/nonretail uses as a con::tition of zOl'linJ~. (3) Develop a fO%1llJla for lltalœ-awaY" of retail space as a proportion of non-retail activity au-. Claudy expressed oancern regarð.in:J loss of parkin] durin;J construction as well as maintainin:¡ the parkin] ratio. Mr. Caughey QIt1ined one strategy that may help take care of that problem, that is c::œpletion of the already a~roved parkin] deck north of the ~rium. Mr. Cowan said there might also be a joint use Qy-L=mt<ltt with Tandem. Ccm1mission ccW.d mamate that there be the 1:248 ratio durin;J the peak E'0~"'""1 (au-!stmas) and have sane other ratio the rest of the time. can. Mackenzie reiterated the suggestion that the ice rink and child care center be linked to the life of the ~in;J center instead of the tem of the develc:pnent agr~. -11- PIANNJH:; CXHaSSJ:œ M:J:K:m!S Regular Meetj¡q of J'uly 9, 1990 Page 12 Regardin;J transit facilities, Mr. Cowan said there had been a negotiatin¡ session between the awlicant, the City Manager am the Director of Public works. He umerst.ood that it had been agreed that the awlicant would give the City the park am ride lot on the Sears site in return for an air righte ""''''''''''''1t am revision of another ..,,""""""11t (for ~ par~ for future transit use on the 280 corridor) on the north side of the par~ lot. Camnissioners Marm am Mackenzie suggested lettin;r staff work on the transit issues same Jl¥)re. Com. Fazekas said as far as the fee is c::oncerned, he is in favor of the City qettiry,; all - can cut of an air rights easement because it is valuable property. Mr. Caughey said staff can cane back with a final version with the direction given at this 1IIBetin;J, except for architectural mass~. au-. Claudy said he would like ¡i1otœ taken of existin;J builclin;Js fran other comers at an equal distance to get a pe...",~'l.ive. He also asked about an aerial ¡i1oto with the white lines drawn on it. Com. Fazekas ñi"'CIlSsed what he would like to see on the Val1co Parkway facade of the develuboI'Jt:"t. He said the 15 ft. setback shalld inc1tJde the setback to the columns. Maybe the developer ca.ù.d propose sanet:hin:J to reduce the bulkiness. Com. Mackenzie said the developer needs to P1-~ a way to squeeze the wire frame down am add articulation. Com. Fazekas asked staff to do same studies re gross square footage, inc1udin¡ par~ levels, corridors, etc. Ccm. Maclœnzie requested that staff provide him with a clean cx:Jf!:l of the agree¡rent. staff will provide both if l"rtmmi.,.oion wishes. Ccm. AdaJÆ¡ questioned Westfield's intent in paragra¡il 2.87, page 19. Mr. Cowan said the intent is that the City would help with a par~ assessment districts. M:1I'ION: Can. Marm roved that the ¡q:plication be continued for two weeks, then ëI1IIelñed the ItDtion to state four weeks. SECX:tID: Can. AdaJÆ¡ VOI'E: Passed 5-0 RECESS: 10:35-10:45 p.m. -12- P.U\NtIIIG ~ MDC.ŒS Regular Meetin; of J\1ly 9, 1990 Page 13 4. Awlication No(s): Awlicant: Property Owner: location: 13-U-90 Terry Brown Construction Bobby arxi Rita Bell Northeast = of I.cmita Drive arxi Orange Avenue USE PERMIT to construct a 1,700 sq. ft. sin:Jle family dwellin:J in a Planned Developnent zonin;J district. E:NV1RDIENTAL DEI'ER!ofiNATIoo: Categorically exenpt Planner I Bjw:man stated that the prt:perty has been annexed arxi that the existin:J sin:Jle family dwellin:J will be dem:>lished. staff's only conœm was the 10 ft. versus 12 ft. setback. Ms. Bjw:man showed the uses on adjacent properties. Terry Brown, applicant, stated that the bay wimows contain win:iow seats arxi should not be counted as floor space. Can. Mackenzie =ved to close the p.¡blic hearin:J. Can. Adams. Passed 5-0 Can. Mackenzie =ved to approve the application subject to the fin:iin3s arxi suJ:x::onclusions of the hearin:J. Can. Adams Passed 5-0 M:7I'IOO : SECDND: VOI'E : M:7I'ION : SE<DND: VOI'E: Q¡r. Claudy ëU'1l'1OOI'1C:e that the application 1oIOUld be on the July 16 city Council agerœ.. 6. Application No. (s) Awlicant: Property Owner: location: 5-U-90 arxi 4-EA-90 Taco Bell COZporation Matt arxi Q¡ris laM:)n!co Northeast = of DeAnza Blvd. arxi Bollinger Road Request for inteJ:pretation of consistency with ex:istin; General Plan policy ~ a b"-~ USE PERMIT to construct arxi operate a 2,000 sq. ft. :freest.andin¡ taJœcut restatJrant. Director of C"rwmmnri.ty Devel'¥'.....t Cowan presented the staff report. will Harris, 1555 Riner Park Drive, Sacramento, Area construction Manager for Taco Bell, stated that their intent fran the begÍl'1I1in; has been to operate a S\.\coessful restatJrant. '!hey have a business that has been in CUpertino for 20 years. Taco Bell has developed a loyal arxi good clientele arxi feels wanted arxi n~eð here. It is difficult in the existin:J restatJrant to give service levels arxi high quality that are expected. '!he site is only 14,000 sq. ft. arxi the restatJrant itself is 10,000 sq. ft. PIANN:IB; CX'II!ISSIœ M:nImS Regular Meetin;J of J\.11y 9, 1990 Page 14 '!here have been CCIIplaints re stantin;r in l:iœ. '!here is no roam for IOOdem equi¡;ment. MI:'. Harris maintained that the ordinance was written to keep CAlt new fast food bJsinesses. When they started the project, Ta= Bell had in mini to do a drive thraJgh arxl had brooght plans for that. Staff discaJraged that. MI:'. Harris said they have caœ back three or four times tzyin; to agrM on a site that was good for bath the City arxl the cc::srpany. After all this, this policy was braJght up. MI:'. Harris said they have addressed the issues that staff mentioned in a letter. He said that if the application is approved the old restaurant will be closed. If not, Ta= Bell will stay at the old location arxl will have to negotiate for a new Ion:¡ term lease. National fast food people won't want the site. Even a small restaurant would have a difficult time maJd.n;J it there. Ta= Bell has the smallest footprint in the ilxiusb:y. He said he felt they are not addin;J a new fast food restaurant. '!be new location is a gateway to the City, arxl staff had told them a unique buildin;J is ~M there. '!hey are flexilile arxl have presented plans shawin;¡' five or six elevations. '!bey have the resoorces to ¡:ut behin:l a 20-year camnitment. '!here is no potential for ÍJt'provement in the old blildin;J. '!here will be better traffic circulation at the new site; there will be bic curt> Olts :iI1stead of one. MI:'. Harris said that whatever replaces Ta= Bell in the old blildin;J will be of lesser magnitude arxl will generate less traffic. '!be new restaurant will contain IOOre seats arxl there will be IOOre parkin;¡- spaces. '!be amount of takeout will be I'I"d11œd because of the greater seatin; capacity. MI:'. Harris enlarged on why Ta= Bell is type of developer that shoold go in the new site. '!hey would end up with 15,000 sq. ft. of blildable area. MI:'. Harris said the =rner site needs people with resoorces to blild arxl maintain a gateway project. He mentioned some other bJsinesses that coo.ld go in arxl why they would not work. The property CMnet'S arxl their attorney arxl real estate people were present at the meetin;. John Hopkins, 24173 SUnunit Woods, !os Gates, attorney representin; MI:'. arxl Mrs. I.aMoni=, stated that the issue is that Camnission is called upon to interpret a policy. In his opinion, the policy does not discourage freestan::lin;r fast food restaurants, just ones not in a center. The new Ta= Bell would be a step up in bath physical appearance arxl traffic control. What happens if the Plannin;J Camnission says no? will the City get somet:h:i.n; IOOre consistent, or would they get a mini-strip center? MI:'. Hopkins said in his opinion it is an ÍJt'provement goin; fran a gas station arxl Ta= Bell to a Ta= Bell arxl sane other use. Matt LaMani=, 1349 Joplin Drive, #2, San Jose, property owner, told Commission that he arxl his wife are countin:;¡- on the property providin;J them with future financial security. -14- P'.U\NN1m CXHŒSSICIl MINU1ES Regular Meetin;J of JUly 9, 1990 Page 15 Chris I.aM:x1ico, ptV1Jt'L'ty C7i/t1eI', said that CUpertino had been their hane for 50 years. She said she had had a lot of fun goin;¡ out into the City an::1 talJdn;J to people ~ cc:W.dn't be at the meetin;J tonight. She talked to 196 people - residents, euployees, residents of other towns, tourists _ an::1 didn't fin:l one person against the new store. She submitted a petition. JaIm Allam, 162 Anchorage Avenue, Santa Cruz, :te¡,... :se.nt:in; Taco Bell an::1 the I.aM:x1icos, said the Pl~ l,,¥,- :SEi!ltted security for the I.aM:x1icos. Chr. Claudy said the issue is whether a trade by 1I¥JVin;¡ an existin;J freestan:iin¡ fast food restaurant to another site neamy represents =re take out restaurants or whether it 'oICI.Ùd not be in conflict with this policy . Can. Fazekas asked what the alternatives are if Canmission opposes. He asked if the Cnmmi Rsion has arr;¡ options CNe:r what goes in the old location un::'Ier a use permit. Mr. Cowan said yes, the City has control. CaIn. Mackenzie said the a:wlicant could get an ag:t"""".e!/t with the property owner that no other fast food operation canes in for a year an::1 the right to put another fast food in 'oICI.Ùd expire. Mr. Cowan said Canmission cc:W.d take a very liberal intapretation of the word "center" an::1 that maybe the use could be viewed as part of a center (concepWaJ. plan linJdn;J driveways, architectural styles). '!he two avenues 'oICI.Ùd be 1) fiIxiin;¡ that it is a trade or 2) it is part of an overall center plan for the City. CaIn. MaIm said she was inclined to read "actively discourage =re" a little =re loosely heca11Se she feels the PL~ could be a good use for the comer an::1 'oICI.Ùd fit in with the deve1cpaent alon;r DeAnza Boulevard. Deputy City Attozney ~ gave her intapretation of what "actively discourage" means an::1 stated that the City carmot force the owner of the existin;¡ Taco Bell property to agree not to have a fast food restaurant there. Discussion by Canmission regart:iin;J the meanin;J of "actively discourage" followed. Chr. Claudy said he felt that the wo~ "actively discourage" did not mean that Commission could not a:wrove an a:wlication for a fast food restaurant. He felt it 'oICI.Ùd be a good use for the site. Taco Bell has been required to meet high staOOards. -15- PIANNIN:; CXHŒSSIŒ MJ:N(J]E:; Regular Meetin:J of July 9, 1990 Page 16 CallI. Fazekas said he cculdn't think of anyt:hirg better, but would like to see lots of larDscapin;¡'. As part of actively discouragin;¡' applicants, commission cculd set lots of staIx!ards am mitigation. CallI. Mackenzie said he cculd not read the policy to allow the b'-'-~' CallI. Adams said he felt the site was a good one for the proposed restaurant. MJI'ION: Can. Mann ]OC Ved that the concept of fast food is consistent with Policy 2-52 of the General Plan for the followin;¡' reasons: 1) It is the best use for the lam. 2) '!bat extensive mitigation measures will be required which will produce a project which will be of benefit to the City, create a significant gateway entrance am allow interconnection with the other part of the strip center. SECDND: 0Ir. Cl.audy. VOI'E: Passed; Can. Mackenzie dissentirg. 4-1 0Ir. Cl.audy said this decision means the process can ]OC Ve fo:rwarcl, not that a use permit or architecture is awroved. :REroR:r OF PIANNING cx:!oIMISSION - None. ~' OF DIRECIOR OF CX!HJNI'l'Y DEVElDJ:MENr - None. At 11:45 p.m., the meetirg was adjourned. i~.j)~ APPROVED BY THE PLANNING COMMISSION at the Regular Meeting of August 13, 1990 -16-