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PC 05-30-90 CITY OF CUPERTINO, STATE OF CALIFORNIA . • 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 liINUTES OF THS ADJOURN£sD MEETING OF THE PI.ANNING COMIiISSION HELD ON MAY 30, 1990 SALUTE TO THE FLAG: ROLL CALL: Commissioners Present: Chairman Claudy Vice Chairman Mackenzie Commissioner Adams Commissioner Mann Commissioner Fazekas Staff Present: Robert Cowan, Director o£ Community Development Mark Caughey, City Planner Ciddy Wordell, Associate Planner Travice Whitten, Assistant City Engineer Leslie Lopez, Deputy City Attorney PUBLIC HEARINGS: (CONT) _ ITEM 4: Application No(s): 2-GPA-89, 7-Z-90, 9-U-90, 1-DA-90 AND 17-EA-90 Applicant: Westfield, Inc. Property Owner: Westland Shopping Center L.P. Location: East and west of Wolfe Road from Stevens Creek to Interstate 280 GENERAL PLAN AMENDMENT to increase the development cap for the Vallco Fashion Park reqional 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. to assure future development of said Vallco Fashion Park according to land use entitlement 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 obliqations to the signatories to said agreement. PLANNING COMt4ISSI0N KZNUTES •Adjourned Meetinq of May 30, 1990 Page 2 Staff Presentation: Mr. Mark Caughey presented the staff report noting that the bulk of the development is on the Rose Bowl side. He stated at the present time the area is zoned Planned Development which includes a number of uses including commercial, light industrial and hotel. He noted the applicant had asked, in addition to the entitlement, for the option to integrate a hotel into the development. In response to Chr. Claudy's question regarding the hotel and retail space Mr. Caughey stated that the .25 floor area ratio for the Rose Bowl is only included in the 1,385,000 s.f. that is allocated to the shopping center. He stated if it was developed as office space the .37 far would apply. He noted there was no development rights without granting the entitlement. Mr. Cauqhey pointed out if a hotel is contemplated on all or part of the Rose Bowl the square footage is transferable to other parts of Vallco Park. Mr. Caughey stated staff had made reference to the 1976 Master Use Permit which was later affirmed in 1986. Ae noted the master use permit references the existing general commercial zone which encompasses all the permitted uses, uses allowed by use permit and also out door eating establishments. He noted an additional use permit review would be required for a separate cocktail facility, ~ late night eating and live entertainment. Mr. Caughey stated that staff is recommending, as part of the master use permit approval, that the same master use permit apply to the rezoned area and all subsequent additional construction pursuant to the General Plan Amendment. He noted the floor area space had been defined as outlined in the staff report. He stated in regards to the setback, staff is concerned about the structural configuration. He noted a concern of the Commission was how far the property would be built out no the property line and noted the applicant had prepared a report on this as presented to the Commissioners. Mr. Caughey explained the position of the tunnels and the traffic flow he also commented on the parking. Mr. Caughey presented a chart to the Commissioners explaining the Development Agreement. He stated that the applicant has proposed a generic list which will include the opportunity to install a drinking establishment and live entertainment, this would be a departure from the master use permit and not apply to the rest of the site. xe stated staff would like to tie the site to the same master use permit as applies to Vallco Park. Regarding the Architectural Review, Mr. Caughey stated there is a provision in the development agreement, that prior to issuing a building permit, the architecture will be reviewed. He stated the architecture will be tied to the established themes in Vallco. PLANNING COMMISSION MINUTES Adjourned Meeting of May 30, 1990 Page 3 Mr. Cowan stated the Commissioners need to give direction to staff and the applicant as to what can be built with not only square footage but architectural form as well. Com. Mackenzie suqgested looking at the project in staqes. Mr. Cowan stated it is a two stage review. He stated if the development agreement is approved the fundamental morphology of the project is locked in. Com. Adams stated that if building form setbacks is to be selected to develop the guidelines, 5 ft. setback on Wolfe and 15 ft. setback on Vallco are not appropriate. Mr. Caughey stated that a concern of the Commissioners was that a significant portion of the new development was occupied by a fourth major tenant which is the major focus of the development agreement. He noted that the developer had indicated that the appropriate lanquage will be in the development agreement to assure that space is allocated to a single tenant. In response to Chr. Claudy's question Mr. Caughey stated that one of the provisions of the development agreement is that Westland, Inc. had the right of the assignability and could assign property out to adjoininq properties. He noted Westland, Inc. would like to retain this option. In response to Chr. Claudy's question Mr. Caughey stated parking must be approximate to an intensified development on the rose bowl site the question is how much goes below and how much above grade. He noted staff is looking at a solution to go above grade. Applicant Presentation: Mr. John Endicott, representing the applicant, stated that the benefits of the development agreement is to have as many approvals as possible so when dealing with a department store they can confidently offer the guarantees. He stated the ice rink will be a guaranteed part of the process and noted another benefit is the major contribution from Vallco to the City. Mr. Endicott stated the design criteria is very important, they will stay within the guidelines of the development agreement and will be consistent with the existing building. He noted there will be 135,000 sq. ft. available for the large department store which will need parkinq in the immediate area. He noted the setbacks need to be determined and the extension will not impact the massing. In response to Com. Mackenzie's question Mr. Endicott stated that the project will not commence without a large department store. He noted there was additional development such as the sports center. P7~NNING COMMISSION MINUTES Adjourned Meeting of May 30, 1990 Page 4 Mr. Cowan stated that the applicant requested the option to have 65,000 s.f. of office space with the possibility of a hotel and asked the Commission to consider this. Mr. Endicott stated they would like to keep the existing zoning rights regarding the office space and hotel. Mr. Terry Ferrera, Architect, explained the layout of the development as proposed at this time. He noted the cross section was developed to see how the project would fit on the site. He explained the parking procedure and traffic flow. Mr. Cowan suggested the parking below grade level going lower than proposed. Mr. Ferrera stated it was more expensive to qo down and the water level had to be taken into consideration. Com. Fazekas stated the most important places to put the setbacks would be at the corners of the buildings and least important at the bridges. He stated he would like to see clipped corners on the building. Chr. Claudy expressed concern regarding landscaping at the south wall. Mr. Ferrera stated that the department store would like some input ^ on the building structure, but are flexible. Mr. John Endicott stated that the bridge will go across Wolfe Road, which will hide the department store so the setbacks at the department store can be flexible. He noted clipping the corners for visibility on Wolfe Road is a good idea. Mr. Ferrera explained where the entrances and exits to the parking garage would be and the explained the traffic flow. Chr. Claudy encouraged the idea of tunnels for access. In response to Com. Fazekas question Mr. Endicott stated the Rose Bowl would be developed all at once as opposed to stage development. The public hearing was then opened. Com. Adams noted that considering the Rose Bowl has potential for office and hotel space which was not in the development aqreement but had zoning rights he would support this noting he would like to see this back for final review. He suggested leaving zoning to permit a hotel and the Commission concurred. Com. Mackenzie expressed concern regarding the intensity on the ~ Rose Bowl site. He stated the hotel and office space should fit in the same building envelope so as the site will not get to bulky. PLANNING COliIiISSION MINUTES , Adjourned Meeting of May 30, 1990 Page 5 Com. Adams expressed concern regarding the mass of the site. Chr. Claudy stated the amount of retail space can be substituted for office space and the hotel is subject to a use permit. Com. Adams stated that the mobile carts should be assessed as part of the kiosks. The Commission concurred with this. Com. Adams stated he could not approve of 5 ft. and 15 ft. setbacks. He stated there should be a different approach and suggested concept pictures to review. Com. Fazekas suggest cross section building. Com. Adams stated the proposed development should be closely associated in appearance with Vallco Park. Com. Fazekas expressed concern regarding the 5 ft. setbacks stating that large trees could not be grown. Chr. Claudy stated it must match the streetscape. Com. Mackenzie stated that if there was a 20 ft. setback which is landscaped, additional landscaping is not necessary. Chr. Claudy stated trees should be planted on the south side. Com. Adams stated 5 ft. setback would be acceptable under the bridges. He noted 10 ft. and 15 ft. would be acceptable elsewhere and should be staggered. He stated that 400,000 sq. ft. may be the maximum sq. ft. on the rose bowl site in addition to the setbacks - discussed. He suggested reaching a consensus as to the size of the development in the Rose Bowl site. Mr. Cowan stated that Westfield would come back with a diagram of the building mass as this seems to be the Commissioners concerns. Com. Fazekas suggested a sand pile effect. Chr. Claudy stated there should be articulation in the buildings and would like to see the clipped corners. He stated there should be a mass study. Com. Mackenzie suggested the applicant come back before the commission with building envelopes and designs to be reviewed. Com. Adams stated he would like to see the Ice Rink continued with any extension of the development agreement. He noted he agrees with the child care and transit facility as stated in the staff report. Mr. Cowan stated the transit facility details needs to be worked out. He noted they would like to see the same transit facility on the south side as was on the Penney's side but were exploring the possibility of transit in the median. Com. Mackenzie suggested including the Mayor's task force in the child care issue. PLANNING COMMISSION MINOTES Adjourned Meetinq of May 30, 1990 Page 6 Com. Mackenzie suggested that staff verify Westland's numbers and stated 100,000 sq. ft. is reasonable for a department store. He suggested new wording as to what constitutes a major department store. Com. Mann stated she would like to see the transit facility continue. Com. Mackenzie stated that a 20 year term for the development agreement is long enough. He stated the tunnels should stay, and it is up to Westfield to get participation from the property owners. He noted if the tunnels are not built for some reason the commission should review it again. (COm. Mackenzie was referring to Cond. 15a) He noted he does not want to give Westland the option to build the tunnels, they must be built. Com. Mackenzie stated that Cond. 16 (Ice Rink) is a requirement of Cond. 14. He noted a change in Cond. 19 changing the words development agreement to use permit. He stated it should be clearer as to how far transferring development rights can go. Mr. Cowan recommended tieing the transferring of development rights to the site diagram which is very specific. MOTION: Com. Adams moved to continue application 2-GPA-89, 7-Z- - 90, 9-U-90, 1-DA-90 AND 17-EA-90 to July 9, 1990 SECOND: Com. Mackenzie VOTE: Passed 5-0 5. APPLICATION 5-GPA-89: CITY OF CUPERTINO: Public hearing to consider text and map amendments to various elements of the General Plan related to: 1) Request by Prometheus Development Co. to set a public hearing to consider amendment of Table 2-A of the Land Use Element to increase the number of hotel rooms in the City Center complex from 240 to 250. Site is located in the area bounded by Stevens Creek Blvd., Torre Avenue and North De Anza Blvd. 2) City initiated request to set a public hearing to change the General Plan Land Use Map designation for APN 362-25- 29 (Aillview Bible Church) and APN 362-25-32 (St. Andrews Armenian Church) from Low Density Residential to Quasi Public Institutional to reflect current use of both sites. Mr. Robert Cowan stated both the Prometheus and the City have requested that the Commission ask the City Council to initiate a public hearing for the above two items, for qeneral plan changes. _ He noted Prometheus request an additional 10 rooms. PLANNING COMMISSION MINUTES Adjourned Meeting of May 30, 1990 Page 7 Com. Mackenzie stated that churches should be allowed in residential areas. Mr. Cowan stated this is allowed with property zoning and use permits. Com. Mackenzie stated that he feels the General Plan should be left general and let the specific regulations be specified by the BQ zoning. Chr. Claudy concurred with Com. Mackenzie. MOTION: Com. Mackenzie moved to send a minute order to the City Council asking to schedule a General Plan Amendment to consider the additional 10 rooms for the Prometheus Development. SECOND: Com. Fazekas VOTE: Passed 5-0 Residential development intensity for infill areas Ms. Ciddy Wordell stated the first item related to some new text and policies on residential intensity for infill areas. She stated the issue was lots created which are not compatible with the surrounding area. She stated the Commission requested this should be related to zoning. Ms. Wordell pointed out the changes as stated in the general plan. It was determined by consensus of the Commission that a public - hearing would be held for this issue. Land Use Ms. Wordell stated the next issue related to the County land that is in Cupertino planning area, but outside of the urban service area. She stated the purpose is to incorporate county policies relating to the hillside lands which were appropriate. She also stated that one of the polices is to incorporate the County plan by reference. She noted the County plan encourages development of mineral resources which the City may not want to do. She stated the County had no comments on what the City was proposing. Com. Mackenzie suqgested changing words so as to suggest any expansion of mineral resources within Cupertino's sphsre of influence should consider potential impacts on other land uses in the area. Mr. Cowan stated the real issue is the trucking routes. He noted the Council were more concern regarding the volume of trucks rather than the expansion of a quarry. Com. Fazekas stated he would like to see the original wording. Chr. Claudy, Com. Mann, and Com. Adams excepted the new wording _ changes as suqgested by Com. Mackenzie. PLANNING COMIKISSION MINUTES Adjourned Meeting of May 30, 1990 Page 8 It was determined by consensus of the Commission that all three policies were acceptable. Mineral Resources Ms. Wordell stated it was discussed at the last General Plan meeting to amend the mineral resources section of the General Plan to include more information about State law and to reflect the City's concerns regarding mineral extraction. She noted a letter was submitted by Kaiser suggestinq some changes, which the Commissioners had a copy. Ms. Wordell outlined the changes which Kaiser requested and commented on whether the City would support the outlined changes. Chr. Claudy stated the changes made are an improvement. It was determined by consensus of the Commission that a public hearing would be held for this issue. Reforestation Ms. Wordell stated this issue came from the Energy Commission wanting tree maintenance on private lands. She noted as requested by the Commission the policy now relates to other vegetation other than trees, she stated landscaping has been added. She noted - planting and maintenance are conditions of approval of development and there is reference that easements are considered in protectinq trees. Chr. Claudy stated the changes are an improvement. It was determined by consensus of the Commission that a public hearing would be held for this issue. General Statistical Ur~date Ms. Wordell stated that if the Commissioners had any changes to submit them in writing. Mr. Cowan stated that the General Plan Amendment left out the square footage for Vallco, which he would like to be reference in the General Plan. Air Ouality Ms. Wordell stated there is State Legislation that requires City's to do more in the way of addressing air quality which has to be presented to the Regional District who will either delegate their authority to the City or impose their own plan on the City. She stated the City is also required to have an implementation plan for improvinq air quality which will be in the form of Transportation Management Systems which will be part of stage III discussions. PLP,NNING COMMISSION HINUTES . Adjourned Meetinq of May 30, 1990 Page 9 Ms. Wordell explained the findings from the air quality consultant as stated in the staff report. Ms. Wordell stated that staff recommends amendments to General Plan text and also a new policy with additional solutions to exceeding air standard. Mr. Cowan stated that this issue will be discussed further in staqe III. It was determined by consensus of the Commission that a public hearing would be held on this issue. Noise Ouality Ms. Ciddy Wordell stated that the conclusions of the noise analysis had not changed significantly. She noted the objectives were as projected and they are within the range normally accepted DB's as defined in the General Plan. Ms. Wordell stated the numbers relating to the number of people affected by noise levels greater than 60 decibels had been updated and there were other minor changes recommended by staff relating to the number of arterials and Highway 85. It was determined by consensus of the Commission that a public hearing would be held on this issue. REPORT OF THE PI.ANNING COMMISSION: Chr. Claudy informed the Commission that a letter had been received from the Santa Clara Planning Commission who requested they have a joint meeting. REPORT OP DIRECi'OR OF COMMUNITY DEVEI,OPI~ENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None PLANNING COMMISSION MINUTES ' Adjourned Meeting of May 30, 1990 Page 10 ADJOURNMENT: Having concluded business, the Planning Commission adjourned at 11:20 P.M. to the next Regular Meeting of June 11, 1990 at 7:30 P.M. Respectfully submitted, C'~.,-l~t,e,z,;tiz~M• R,c7(rti-Q,Qai,'cl Catherine M. Robillard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of June 25, 1990 i ~ ohn Claud , Cha an Attest: ~ - ~ , Doro hy Cor . ius, City Clerk