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PC 04-23-90 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON APRIL 23, 1990 SALUTE TO THE FLAG: ROLL CALL: commissioners Present: Chairman c1audy vice Chairman Mackenzie commissioner Adams Commissioner Mann Commissioner Fazekas staff Present: Mark Caughey, city Planner Leslie Lopez, Deputy City Attorney Bert Viskovich, Director of Public Works steve Dowling, Director of Parks and Recreation APPRDVAL OF MINUTES: SECOND: VOTE: Com. Fazekas moved to approve the Minutes of the Regular Meeting of April 9, 1990 as amended. Com. Adams Passed 5-0 MOTION: POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 5: ADDlication 40-TM-90 (Giuliani) Staff requests continuance to May 14, 1990 MOTION: Com. Adams moved to continue item 5 to May 14, 1990 SECOND: Com. Mackenzie VOTE: Passed 5-0 WRITTEN COMMUNICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PUBLIC HEARINGS: PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 2 1. Application No(s) Applicant Property Owner Location I-TM-90 Ronald Tripiano Mr. and Mrs. Vince DiSalvo 20867 McClellan Road TENTATIVE MAP to subdivide an existing one acre lot into two lots measuring 19,600 s.f. and 22,700 s.f. respectively. Staff Presentation: Mr. Mark Caughey presented the staff report. He stated that the underling issue was the basic overall development potential of the property and how the property could work in conjunction with a public road system which would not rely on McClellan Road for access. He noted that extending Tula Lane would have a severe impact on the Taniguchi property. He explained the applicant's proposals stating that the property would be di vided into two parcels. Lot B is where the DiSalvo home is located and Lot A will be served by a long 15 ft. wide flag corridor. He noted that prior to the map being recorded, conditions would require the property owner to rezone lot B to Rl- 20, which would preclude further subdivision. In response to Com. Adams question regarding the rezoning, Chr. claudy stated that the property owner could request the property to be subdivided further at a latter time. In response to Com. Mackenzie's question, Mr. Caughey stated the east west property line had not been moved, but the north south property line had, stating that Lot A is larger than presented at the last meeting. In response to Com. Fazekas question Mr. Caughey stated that in addition to the 15 ft. an additional 5 ft. easement would be required, thus having a 20 ft. wide corridor. Applicant Presentation: Mr. Ron Tripiano, 1264 Brookings Ln., Sunnyvale, explained why the corridor was on the east, he stated to put it elsewhere it would have to go into other property. Mr. Tripiano went on to explain different options. In response to Com. Mackenzie's question Mr. Tripiano noted that the orchard will be preserved on the DiSalvo property. In response to Com. Fazekas question Mr. Tripiano stated the cost of remodeling the left side of the house to have 10 ft. setback would be between $95 and $135 per square ft. Chr. Claudy questioned the fence on the side of the DiSalvo property, stating it looked longer than 10 ft. Mr. Tripiano stated that it went over onto the Flick property. The public hearing was then opened. PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 3 Mr. Malcolm Finlayson, 10459 Bonny Drive, expressed concerned regarding the drainage where the corridor is to be located. Mr. Caughey stated that there is a standard condition regarding the drainage which must be satisfactory to the City Engineer. MOTION: SECOND: VOTE: Com. Adams moved to close the public hearing Com. Mackenzie Passed 5-0 In response to Com. Mackenzie's question Mr. Caughey stated most of the existing area is R1-10 with the exception of Farewell Track which is R1-7.5. Com. Mackenzie expressed concern regarding the surrounding area and the potential of being rezoned and more density. Com. Adams stated he would like to see all the properties integrated. Com. Mann stated she concurred with Com. Adams and noted it was poor planning. Chr. Claudy concurred with Com. Adams and Com. Mann and expressed concern regarding landscaping in the corridor. He noted he did not want more driveways onto McClellan. Chr. Claudy stated he would like to go with a plan that would allow for eventual integration. SECOND: VOTE: Com. Mackenzie moved to deny application 1-TM-90 with the findings: that the proposed uses are detrimental to adjacent approved uses; the proposed Lot A is inadequate in size and shape to support the proposed use. Com. Mann Passed 5-0 MOTION: 2. Application No(s): Applicant: Property Owner: Location: 3-TM-90 and B-EA-90 Ronald E. Tripiano Clarence and Margaret Ann Flick North side of McClellan Road, 425 ft. east of stelling Road TENTATIVE MAP to subdivide 0.61 acres into two lots measuring 10,150 s.f. and 10,044 s.f. Staff Presentation: Mr. Mark Caughey presented the staff report. He noted an idea was to integrate an access configuration which would allow the property owner two lots under the existing R1-10 zoning with development potential on the other sites. He stated that with potential development on adjoining property, the result would be one 30 ft. flag corridor with access onto McClellan Rd. PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 4 from all four lots. owner, may, when his Tula Lane. He noted that Mr. Hill, adjoining property property is developed, have access through In response to Com. Mackenzie's question regarding the flag corridor going through property, Mr. Caughey stated the basic problem was the amount of land needed to build a public roadway. In response to Com. Mann's question Mr. Caughey stated there was a 20 ft. easement in front of the Taniguchi property through to McClellan Road. He noted within the easement there were utilities. Com. Mann questioned access through Tula Lane. that if this was to take place, five lots would would create legal problems. Mr. Caughey stated have one access and Chr. Claudy questioned the easements on the properties. Applicant Presentation: Mr. Ron Tripiano explained the easements. He noted that this application had been discussed previously and the issues were discussed at that time. In response to Com. Mackenzie's question Mr. Tripiano stated that the property owners would have benefit to the easement. The public hearing was then opened. Mr. Clarence Flick, 20891 McClellan Road, stated if the Hill property was developed it would allow for a 30 ft. driveway with a central access to both properties. He noted the only reasonable access would be from Tula Lane. He did not consider access to McClellan Rd., with a potential 30 ft. central driveway for the four properties, a problem. He suggested eliminating the false curbing on McClellan Road stating this is the biggest deterrent. He stated the proposal at this time was a significant compromise to the original proposal. He noted the plan included demolition of his house. Mr. Tripiano stated the 20 ft. easement is for the purpose of always having a 20 ft. corridor. Chr. Claudy clarified that the 20 ft. easement is over onto the Flick property. He stated that in terms of the McClellan Road access he suggested moving the driveway further back from the intersection. MOTION: SECOND: VOTE: Com. Mackenzie moved to close the pUblic hearing Com. Fazekas Passed 5-0 Com. Mackenzie stated the proposal is better than the original one but expressed concern regarding the corridor. He noted the correct PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 5 way to do this would be to rezone it to 7.5 and make the flag 20 ft. wide. He stated he would support the application with the requirement regarding the easement to effectively widen the flag and noted the pavement should be on the east side of the flag. Com. Fazekas stated that as long as the 20 ft. ingress egress stays he will support the application. He noted the other option would be access from Tula Lane. Com. Mann stated that if the access road was to be extended to Tula Lane, access to McClellan should be closed. Com. Adams stated he would like to see the properties integrated. Chr. claudy stated he was concerned with the DiSalvo property stating the corridor adjacent to three properties was too close to Bonny Drive and further expressed concern about additional traffic onto McClellan. He stated that the second application eliminated two of the problems, but now four lots were coming onto McClellan which he considered a problem. He suggested some access onto Tula Lane leaving two lots access on to McClellan. Chr. claudy suggested rezoning the property and moving the flag corridor. Com. Fazekas stated the proposal was the best plan. Com. Mann stated that the properties should be integrated. SECOND: VOTE: NOES: Com. Mackenzie moved to approve application 3-TM-90 subject to the findings and subconclusions of the hearing with the following modifications: Condition 14 to add a paragraph explicitly requiring a 5 ft. easement on the west side of lot 2 in favor of lot one for ingress egress; Condition 17 added, requiring that before the map is recorded the applicant must demonstrate to the satisfaction of the City Attorney that there is no access privilege from this property to Tula Lane. Com. Fazekas Passed 3-2 Com. Mann, Com. Adams MOTION: Location: 7-TM-90, 4-Z-90 and 18-EA-90 City of cupertino/Cupertino union School District city of Cupertino/cupertino Union School District Former site of Wilson School; lands bounded by Price Avenue, Wilson Park and SCVWD channel 3. Application No(s): Applicant: Property Owner: PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 6 TENTATIVE MAP to subdivide 9.6 acres into 43 residential lots ranging in size from 6,085 s.f. to 13,400 s.f. REZONING of approximately 5.6 acres from BA (Public Building) to R1-6 (Single Family Residential, 6,000 s.f. min. lot area) or such other zoning classification as deemed appropriate by the Planning commission or City Council. staff Presentation: Mr. Mark Caughey presented the staff report. He explained the background of the proposal. He noted the original proposal was for 18 lots. He stated the existing proposal is to rezoned and develop with a total of 43 lots. Mr. Caughey explained the General Plan Policies as stated in the staff report. He noted under Policy 5-32 it is the intent of the City to maintain an adequate inventory of sports fields. He stated the principal decision of the planning commission at this time was to decide whether or not in allowing the subdivision to go forward is appropriate under the General Plan to allow relocation of sports fields from Wilson to Fremont Older. Mr. Caughey stated if such a finding was not made the commission could not approv~ the application. Mr Caughey outlined the issues as stated in the staff report. He assured the public that Wilson Park will remain. Mr. Bert viskovich, Director, Public Works, explained the Five Year Capital Improvement Plan. He noted that in neighborhood meetings access to the new ball fields and traffic were concerns. Mr. viskovich explained the benefits of the sports field at Fremont Older. He stated the Wilson park will stay as is and noted that it is the sports activity that is planned to be transferred to Fremont Older. He stated in the transfer there is a timing problem with regards to the construction at Segwich. He stated phased development is not appropriate. He stated staff will be working with the persons involved in the sports group to come up with a finalized plan and noted that there is no elimination or reducing of sports fields, it is a matter of swapping. In response to Chr. Claudy's question Mr. viskovich stated that space would be lost during construction. The Commissioners discussed the boundary lines and Mr. Viskovich explained where the Soccer and Ball fields will be located. Applicant Presentation: Mr. Gerald Maliang, Superintendent for Business for the Cupertino School District, stated that the school district is engaged in rehabilitation and modernization of schools. He stated the District is looking to its own resources to do this. He noted the School District will work with staff and the sports group to continue sports activities during construction. PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 7 Com. Mackenzie questioned the assurance of the School District to keep the sports program active. Mr. Maliang stated they will work with staff and the sports groups. He noted that fields at a number of schools were being under utilized and could be used. Chr. Claudy was concerned about the sports activities and stated that some open space should be found. Mr. viskovich stated there will be meetings with staff, School District and sports groups to make plans on issues that are of the pUblic's concern. Mr. steve Dowling, Director, Parks and Recreation, stated that many of the fields are under utilized and undeveloped, which could be used more efficiently. Mr. Maliang suggested a two week continuance so the school district could meet with individuals to discuss further plans. Com. Adams explained the application stating that from Wilson school site to space at Fremont Older. was supportive of the two week continuance. it is a trade He stated he The public hearing was then opened. Ms. Geraldine stienberg, Property Adviser to School District, she emphasized that the consolidation of the two sites at Segwich and Fremont Older was the city's idea. She explained the continuance was for the pUblic's benefit to work on plans. Mr. Bill Weisend, 10570 Whitney Way, expressed concern about the impact this would have on the sports facility. He suggested the City Council and Planning commission take no action until plans for permanent fields are laid out. Ms. Terry Kropp, 6104 willowgrove, questioned where unused fields are, who will pay for the new fields, where they will go and how long it would take to develop them? She expressed concern about the lack of open space in Cupertino. Chr. Claudy stated that the School District will receive the funds from the sale of the site. Mr. John Neibel, 10260 Sterling, in favor of getting new fields, but expressed concern regarding the construction and if it would delay the ball games. Ms. Rita Wolf, 964 November, stated she was very confused with the whole issue and expressed concern regarding where the ball games PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 8 will be held. Mr. Richard Ruhn, 10577 Farrallone Drive, expressed concern regarding the development and no plans to where the ball fields will go. Mr. Ruhn read a letter from the citizens which was submitted to the Commissioners with 200 signatures. Mr. Don Burnet, 729 Stendhal Lane, talked about pedestrian access provided by the development, and hopes bicycles routes can be provided as part of the development. Mr. John Graves, 10325 Richwood Drive, stated he was confused about the development and stated the city notice was not clear. He expressed concern regarding the development and the aesthetics to the area. Ms. Vivian Gruener, 6637 Clifford Dr., expressed concern regarding traffic congestion and losing open space. Mr. Ron Berment, 19787 Dixie Drive, suggested keeping the Wilson site and putting two fields at Sedgwick. He stated that the Wilson si te was bigger than Fremont Older. He expressed concern about the children having to go on Miller. Mr. Berment submitted a letter from his son. Mr. Ted Biskipski, 10685 Randy Lane, expressed concern regarding the traffic on Blaney when the development is completed. He proposed that the Commissioners vote negatively on this proposal so better plans can be established. Ms. Thelma Moore, 10573 Cedar ct., expressed concern about loosing open space. She also expressed concern regarding the children having to commute to Fremont Older rather than wilson. Ms. Theresa Deale, 10573 Cedar ct., stated she would like to keep the ball fields within walking distance. MOTION: Com. Mackenzie moved to continue application 7-TM-90, 4-Z-90 and 18-EA-90 to May 14, 1990 Com. Adams Passed 5-0 SECOND: VOTE: 4. Application No(s): Applicant: Property Owner: Location: 2-GPA-89, 7-Z-90, 9-U-90, 1-DA-90 and 17- EA-90 Westfield, Inc. Westland Shopping Center L.P. East and west of Wolfe Road from Stevens Creek to Interstate 280 PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 9 GENERAL PLAN AMENDMENT to increase the development cap for the Vallco Fashion Park regional shopping center from 1,385,000 s.f. to 1,645,000 s.f. REZONING of approximately 5.9 acres at the southeast corner of Wolfe Road and Vallco Parkway from P(CG, ML, Office, Hotel) Planned Development with Commercial/Light Industrial/Office/Hotel intent to P (Regional Shopping) Intent, or such other zone as deemed appropriate by the Planning commission or city council consistent with the General Plan. USE PERMIT to allow net expansion of the Vallco Fashion Park regional shopping center by 260,000 s.f. DEVELOPMENT AGREEMENT between the City of cupertino and Westfield, Inc. 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 obligations to the signatories to said agreement. Com. Adams stated he may abstain from item 4 and will make the decision at a later time. Staff Presentation: Mr. Mark caughey presented the staff report. He stated the application is to expand Vallco Mall. He referred to Resolution 7506 regarding the Ice Rink. He noted that a zoning change would be needed to the Rose Bowl area of the shopping area. He noted the design objectives is to replicate the design that already exists. Regarding the parking he stated that a study had been done. He noted staff would be analyzing the parking and a report will be provided. He stated the traffic count for the area in the report was overstated. He noted, as stated in the staff report, there is a proposal to relocate the bus facility at a future time after more study of this issue. Mr. Caughey explained the Development Agreement noting that there should be more of a correlation between the provisions for the ice rink and the life span of the Development Agreement. In response to Com. Mackenzie's question Mr. Caughey stated that the square footage being added is net leasable. Chr. claudy stated that traffic is a problem and must be addressed. He noted there will be more traffic than there is now and this will be a public concern. Mr. Bert viskovich explained the trip generation involved in the development. He noted they did not exceed the number that is in PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 10 the General Plan. Com. Mann expressed concern about the people working in Cupertino and a lack of housing. Auulicant Presentation: Jim Eller, Ferarri, Alverez, Olson, & ottobani Attorneys, stated they want to position the shopping center in order to take advantage of a possible anchor tenant in the future. He stated the proposal would help keep the ice rink in operation. In response to Chr. Claudy's question regarding the distribution of tenant space John Endicott, Westfield Inc., stated that on the Rose Bowl side of the development department stores will be put in as well as a certain amount of small retail shops. He stated the amount of square footage which is required for the development is based on the traffic study. Mr. Endicott explained the development, pointing out the parking facilities and noting that the Rose Bowl is the primary development. In response to Com. Mackenzie's question regarding how much is proposed, Mr. Endicott stated that two department stores, two levels of retail, the bridge connections and the sports facility. In response to Com. Fazekas question regarding parking Mr. Endicott explained there would be two levels of parking under the retail shops and additional parking would be above the retail. He stated it will all be usable. Mr. Endicott stated there is many options on where to park in the new development. Com. Fazekas questioned the height of the structure and expressed concern regarding over building the site. Mr. Endicott stated he did not feel it was being over built. Mr. Terry Ferrara, Architect, stated the approximate height from the street to the top of the structure is 58 ft., which is the same height as the Emporium. He noted that it does exceed this height where the parking structures by approximately 10 ft. Mr. Ferrara explained the circulation parking plan. He noted they intended to keep the underpass for the shoppers going from store to store. In response to Com. Fazekas question regarding the overflow of parking at Christmas time, Mr. Endicott stated they had an arrangement with Tandem Computers for extra parking. Com. Fazekas stated he would like two level parking above instead of the two underground levels. PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 11 Com. Mann Christmas. stated the expressed concern regarding overflow In response to Chr. Claudy' s question two bridges will be double sided. parking at Mr. Endicott Mr. Endicott stated that the design of a shopping center is done by the major department stores and they require parking in the immediate area. Chr. claudy stated the biggest issue would be the traffic increase. Ms. Jane Bierstedt, Barton-Aschman Associates, in response to Com. Mackenzie's question stated that the trip rates as stated in the report was peak hour. Com. Mackenzie question the trip rates in regards to the size of the structure stating there was a 10 percent increase in traffic. Ms. Bierstedt stated she did not have much luck in getting information on trip rates from Valley Fair Mall and Standford Shopping Center but explained the trip rates from other shopping centers of a similar size. The result was comparable. Ms. Bierstedt stated that improvements would have to be done at the intersection of Vallco parkway and the entrance to the parking garage when the plans were final. The Commissioners discussed easier ways to enter the shopping center to allow traffic to flow easier. Mr. Endicott explained that tunnels are intended to enable the traffic to go to both sides of Wolfe Rd. Com. Fazekas stated he thought the two underpasses were crucial to underground parking. Mr. Endicott stated they are committed to keep the Ice Rink and are committed to put in more funds to maintain and up grade the Ice Rink. The public hearing was then opened. Ms. Marie Bischof, 19641 Drake Drive, expressed concerned about what was going to happen to west of Wolfe Road. Mr. Endicott stated that no additional retail would be added and there will be a single level garage which would be below the fence. Ms. Bischof also expressed concern about traffic. Mr. John Wainright. 10554 E. Estates Dr., expressed concern regarding traffic Ms. Nancy Burnett, 729 Stendhal Lane, expressed concern regarding traffic. She asked when the council suggested bonus for the skating rink did they specify a square footage? PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 12 Mr. Caughey stated the council did not specify other than to expedite processing of any request. Ms. Burnett stated she thought the building was excessive. She noted she was in favor of the sports facility, but was concerned about traffic to and from Vallco. She suggest rerouting the traffic into Vallco. Com. Mackenzie stated the size of the structure is an issue. He expressed concern regarding the trip generation and floor area ratio. He stated the ice rink should stay as long as the shopping center is in operation. He noted the ice rink was approved with the original shopping center and is publicly available. He was in support of the sports center and a day care center. Com. Mackenzie noted that the leasable area should be defined. He noted he had no problem with the traffic issue. He suggested the sign come out of the development agreement. He noted that 50 years was a long time for a Development Agreement and suggested 15 years. Com. Fazekas expressed concern regarding the mass of the building and would like to see some kind of mitigation. He stated he was not in favor of the kiosks and supported the idea of the tunnels. Com. Adams stated the Rose Bowl building is too close to the curb. He stated that the building should be evaluated to ensure what is left of the street scape has a reasonable appearance. He concurred with Chr. claudy regarding the traffic. In response to Com. Mackenzie's question regarding use permits Mr. Caughey stated one of the provisions of the use permit application, which is part of the package, is that the uses are be tied to the previously defined master use permit for Vallco Fashion Park which has a number of uses that can go in immediately with a business license review. with exception of restaurants with late evening hours, entertainment, etc. He noted that construction and usage control would not have to come back for a use permit. Com. Adams complimented Vallco, Westfield and staff on an excellent job. Com. Mann concurred with Com. Mackenzie. regarding the sign. She expressed concern Chr. claudy concurred with Com. Mackenzie and expressed concern regarding building mass, architectural design and traffic. He noted that the city had received sales tax from Vallco and there should be a plan that works for Westfield Inc. PLANNING COMMISSION MINUTES Regular Meeting of April 23, 1990 Page 13 Com. Mackenzie suggested a term of the Development Agreement should be that 150,000 sq. ft. be set aside for a single tenant in order to have a major department store. SECOND: VOTE: Com. Mackenzie moved to continue application 2-GPA-89,7- Z-90, 9-U-90, 1-DA,90 and 17-EA-90 to May 29, 1990. Com. Fazekas Passed 5-0 MOTION: ADJOURNMENT : The planning commission adjourned at 12:20 P.M. to April 25, 1990 at 7:30 P.M. Respectfully submitted, c~ M..~'(c:\ Catherine M. Robillard, Recording secretary d by the Planning Commission Meeting,.9Ý; 1990 -------~ ~.../...