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