PC 02-12-90
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA. 95014
-
(408) 252-4505
MIMUTES OF THE REGULAR MEETING OF THE PLARNING COMMISSION
HELD ON FEBRUARY 12, 1990
SALUTE TO THE FLAG:
ROLL CALL:
Chairman Claudy
Vice Chairman Mackenzie
commissioner Adams
Commissioner Mann
Commissioner Fazekas
Commissioners Present:
Robert Cowan, Director of
Community Development
Mark Caughey, City Planner
Travice Whitten, Assistant City Engineer
Leslie Lopez, Deputy City Attorney
staff Present:
APPROVAL OF MINUTES:
MOTION:
SECOND:
VOTE:
ABSTAIN:
MOTION:
SECOND:
VOTE:
ABSTAIN:
Com. Adams moved to approve the Minutes of the Regular
Meeting of January 8, 1990, as presented.
Com. Mackenzie
Passed 3-2
Com. Mann and Com. Fazekas
Com. Adams moved
Regular Adjourned
presented.
Com. Mackenzie
Passed
Com. Mann and Com.
the Minutes of the
January 9, 1990, as
to approve
Meeting of
3-2
Fazekas
POSTPONEMEN'l'S OR NEW AGENDA ITEMS:
- None
WRITTEN COMMUNICATIONS:
Ms. Patsy Lewenski
Mr. Phillip Halstead
Mr. Mark Kroll
ORAL COMMUNICATIONS:
- None
PLANNING COMMISSION MINUTES
Regular Meeting of February 12, 1990
Page 2
CONSENT CALENDAR:
1. 11-U-89: Va11ev Church (N. Stellina Road) Requesting
interpretation of minor amendment to the approved use permit
architectural exhibits to increase building height for
purposes of screening mechanical equipment.
MOTION:
SECOND:
VOTE:
Com. Adams moved to approve the Consent Calendar
Com. Mackenzie
Passed 5-0
PUBLIC HEARINGS: (Continued Items)
2.
Application No(s):
Applicant:
Property Owner:
Location:
27-U-89 and 38-EA-89
Pasadena Development Group
Monte vista Center Partners
North side of Stevens Creek Blvd.
westerly of Mann Drive. (Known as True-
Value Hardware Ctr.)
USE PERMIT to remodel an existing retail center to encompass
39,500 sq. ft. of commercial/office space and 23 dwelling
units, including 10 units of affordable housing for senior
citizens.
Staff Presentation: Mr. Cowan presented the Staff report. He
stated this is a mixed-use project, the proposal is to refurbish
the existing True Value Hardware shopping center. He noted the
project is consistent with the General Plan. The project involves
subsidized senior housing which is badly needed. Mr. Cowan noted
an issue of this project was the compatibility with surrounding
neighborhood. He noted a copy of State Bill 1853, which mandates
senior housing in cities, has been given to each commissioner.
Com. Mackenzie noted that he attended a neighborhood meeting
regarding this project, not as a representative of the Planning
commission but on his own. He stated the neighbors voiced concerns
about intensity. They were also concerned about traffic and
parking. In response to Com. Claudy's question regarding intensity
Com. Mackenzie stated that revisions had been made.
Mr. Cowan stated the general plan strongly advocatemxmixed-use and
noted there were not density ceilings. He stated that a three acre
si te with 22 units was not overwhelming. Mr Cowan went on to
compare floor area ratio of this project with similar projects. He
stated there are no set rules in the General Plan regarding
intensity, but would encourage the senior housing. In response to
Chr. claudy's question he stated this type of development was
allowed within the city.
PLANNING COMMISSION MINUTES
Regular Meeting of February 12, 1990
Page 3
Mr. Cowan gave a brief description of the changes in this
development. He noted a decrease in dwelling units by one and
senior housing by two. The commercial has increased by 5,000 sq.
ft. and office space has decreased. Mr. Cowan went on to explain
the western part of the site stating one store has been eliminated
in order to shift the residential site over approximately 34 ft.
He noted three residential units on top of the stores have been
eliminated, the tank house has been deleted as has the third story
of the building. He talked about setbacks regarding privacy
intrusion and the changes the developer has made. He described the
changes on the eastern side of the project. Mr. Cowan went on to
explain parking. He stated parking for senior units was 1:1 (one
unit one parking space), the restaurant would be allotted one
parking space for every four seats. He stated there is a supply of
185 parking spaces in all. He noted the joint shared parking. In
response to Com. Mann's question, Mr. Cowan stated this study is
based on the ordinance. He stated that staff is comfortable with
the arborist report. In summary Mr. Cowan stated this plan would
resolve the privacy intrusion and is a worthwhile goal. In
response to Com. Fazekas question, regarding the connection between
the Nelson building, Mr. Cowan stated the access is adequate.
Applicants Presentation: Mr. Ray Rooker, Architect stated that he
does not find this project as over developed and noted they are
consistent with the Monte vista Guidelines. He noted the parking
issue and stated it is very conservative. Mr. Rooker stated
because of parking the tank house has to be removed. He noted the
privacy intrusion issue and gave a slide presentation. Mr. Rooker
gave a brief explanation of the site line.
In response to Com. Adams question, Mr. Rooker stated that space
has not been designated yet for trash enclosures. In response to
Com. Fazekas question he stated there was about 30' of floor plan.
Mr. Rooker at the request from Com. Fazekas went to the location of
commercial, off ice and restaurant space. He stated the entire
first floor will be retail with office space above. Com. Mann
suggested putting the tank house on the South East corner. In
response to Com. Mackenzie's question, he stated compact parking
spaces was very minimal.
The pUblic hearing was then opened.
Mr. Patrick Milligan, 10018 Oakleaf Place, gave a slide
presentation and compared this site with Oakdale Ranch, stating
this site was high density. He stated in the original zoning there
was no office intent. He noted the mixed-use concept at Monte
vista Woods. He expressed concern about safety on this site
regarding elderly and children he also noted concern about the
compatibility of the development and would like to see the privacy
intrusion dealt with. He suggested the development be limited to
two stories. He explained the parking issue and gave his figures of
parking spaces required for this plan. Mr. Milligan suggested
moving the building over from Mann Drive.
PLANNING COMMISSION MINUTES
Regular Meeting of February 12, 1990
Page 4
Chr. Claudy asked Mr. Milligan what positive things he could say
about the development. Mr. Milligan responded by saying taking it
all commercial or all residential although he did not feel all
commercial would work on this site. He stated density is a big
concern. He suggested senior services on the site.
Com. Mackenzie stated the use permit allows commercial activity and
being a neighborhood center with neighborhood services might help
this project survive.
Ms. Nancy Burnett, 729 Stendhal Lane, representing the League of
Women Voters, stated two objectives to the use permit. (1) Density
should be decided on potential services and (2) City should provide
for an economic mix with a fixed percentage of low income housing
in all new developments. She stated this use permit did not
specify low income; it does address a need for affordable housing
which is needed for seniors. She urged the Planning Commission to
support the application for residential units presented in this use
permit.
Ms. Henrietta Marcotte, 22415 Starling Dr., Los Altos, gave a brief
history of this area.
Mr. Chon Pong Ng, 10009 Oakleaf Place, stated that the neighbors
are not opposing the senior housing, but the density issue is a
problem. He stated this development fails to comply with the
zoning ordinance and general plan of the city. Mr. Ng quoted
statements from the State Bill AB1813. He encouraged the
commission to screen other sites in the city for senior housing.
Ms. Sally Brennan, 19917 Twilight, Director of Community Services,
stated that 23 residential units was not a density issue. She
stated senior housing was needed.
Ms. Susan Peterson, 22085 Clearwood ct., President Oakdale Ranch
Homeowners Association, concurred with Mr. Milligan. She stated
this project is not appropriate for Monta vista and stated her
concern about density.
Ms. Denise Weigel, 21906 Monte Court, expressed concerned about the
Post Office with regards to traffic congestion. She stated office
space was not needed and there are offices for lease in Monta
vista.
Mr. Joe Weiss, 10029 Oakleaf Place, expressed concern about the
change of character in the neighborhood. He noted that additional
handicap parking is needed for the senior units. He noted concern
about traffic back-up when the 85 freeway is completed and Stevens
Creek exit closed.
Ms. Carol McDowell, 10427 Noel Ave, stated that housing is needed
and this project of mixed-use is a good project and may encourage
new businesses.
PLANNING COMMISSION MINUTES
Regular Meeting of February 12, 1990
Page 5
Ms. Ann Anger, Monte vista, stated that housing is needed and 23
residential units will not have a big impact on traffic. She
supported the development.
Mr. Morey Nelsen, 21810 stevens Creek Blvd. ,expressed concern about
the proximity of the building to the property line and questioned
the setback from stevens Creek. He expressed concern about the
building on the Southeast corner screening his building. Other than
this he supports the project. In response to Com. Fazekas question,
Mr. Nelsen stated a 10 ft. setback would be appropriate. In
response to Com. Mackenzie's question he stated this property is
20' back from the property line.
Mr. Ray Rooker, stated that the property line is 10 ft. behind the
sidewalk. He stated the buildings do line up but Mr. Nelsen's
building was on a curve.
Ms. Karen Bejing, Freddie court, stated she welcomed the
development.
MOTION:
SECOND:
VOTE:
Com. Adams moved to close the public hearing
Com. Fazekas
Passed
5-0
SECOND:
VOTE:
Com. Adams moved to continue items 4 through 8 to
February 14, 1990, 7:30 p.m.
Com. Mackenzie
Passed 5-0
MOTION:
Com. Mackenzie stated that the development is reasonable for a
commercial site. He expressed concern about the building on the
southeast corner and stated it and the two next to it line up with
Mr. Nelsen's building. He stated concern about the parking and
suggesting closing of Mann Drive driveway to stop the overflow of
traffic on Mann Drive.
In response to Chr. Claudy's question Mr. Whitten, Asst. City
Engineer stated it is not required to have more than one entrance
on this site, but when looking at the traffic flow the entrance had
been used for people going east.
Com. Fazekas stated he would like to see 15 ft. landscaping out
front. He would like to see the rear alley removed and completely
landscaped with only fire exits. He noted the architecture was
good. He would like to see a 30 ft. height limit and noted the
general plan calls for increased dwelling units in the center of
Cupertino. He commented on the Vidovich project and the senior
units that were lost. He did not think senior housing was needed
in this project. Com. Fazekas commented on the density and would
like to see a tentative map to show how the lot split will happen
and stated six duplexes are more suitable for this site. He stated
the entire Monta Vista is not a mixed-use area. He expressed
concern about traffic congestion. He stated there is a 70 decibel
contour on this site and an acoustical report maybe appropriate.
PLANNING COMMISSION MINUTES
Regular Meeting of February 12, 1990
Page 6
He noted he would like to see an on-site traffic study. Com.
Fazekas requested a traffic count performed on Bubb Road and
Stevens Creek Blvd. at peak times. In response to Com. Fazekas's
question, Mr. Whitten stated that the developer will reimburse the
city for the improvements on stevens Creek Blvd. Com. Fazekas
stated the front set backs should meet R-3 standards and a 5 ft.
sidewalk to the street should be required. The stairs should also
be removed.
Com. Mann stated this was an appropriate use for placing affordable
housing noting the city needed it. She noted there should be
walkways. She does not feel a security gate is needed for the
underground parking and would like to see an accurate count of
usage of parking spaces as it is now. Com. Mann noted that 32
underground parking spaces are adequate. She noted a 15 ft.
setback would be appropriate.
Com. Adams stated the density is acceptable to him especially with
the 10 senior housing units and the residential units moved
approximately 20 to 30 feet to the east. He noted the lower height
is acceptable. Com. Adams noted that the Mann Dr. exit was needed.
He noted that he did not see any indication that traffic impact
would be higher than what is projected. He stated the alley is
needed for access. He expressed concern about the parking and had
no objections if the tank house could be put to use. He noted the
overall design is acceptable.
Com. Adams noted that the changes requested at the January 8, 1990
meeting had been done. He expressed concern about the underground
parking and stated this was not acceptable for shared parking but
for residents only. He noted there must be sufficient parking
without the underground parking to be shared. He would like to see
more landscaping but not if it eliminates parking, 15 ft. is
acceptable. He noted the architecture is acceptable. Com. Adams
would like to see the southeast corner building as shown close to
the sidewalk retaining the downtown look. He expressed concern
about where the trash enclosures would be designated and stated the
alley should not be permitted for through traffic. Com. Adams
liked the general outlay of the project. He feels that the office
space above the liquor store should be eliminated, this would
reduce the parking requirements.
Com. Fazekas stated that his biggest concern is how long the senior
housing would last and noted the 51 senior housing residents in the
vidovich project. Mr. Cowan explained there was a trade off for
the senior housing. Com. Fazekas expressed concern about density
and stated it was inappropriate for this area.
Com. Mackenzie stated that the topography of the site separates the
units from the single family dwelling homes. He expressed concerns
about trash enclosures and fencing off the alley. He noted concern
about the height of the building.
PLANNING COMMISSION MINUTES
Regular Meeting of February 12, 1990
Page 7
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to continue item 3 to February 14,
1990, 7:30 p.m.
Com. Adams
Passed 5-0
In response to Chr. Claudy's question Mr. Cowan stated that in any
commercial center there is a certain proportion of office space.
Chr. Claudy stated that if it was a new development he would urge
the developer to stack the residential above the commercial units.
In response to Com. Mann's statement Com. Mackenzie noted that if
not enough parking is provided on site it would overflow onto Mann
Dr.
Com. Fazekas questioned staff's figures of floor area ratio of the
site.
The Commissioners discussed the different options for conditions of
approval. Com. Fazekas suggested new drawings should be provided
for the whole project.
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
NOES:
Com. Adams moved to accept negative declaration of
38-EA-89
Com. Mackenzie
Passed 5-0
Com. Adams moved to approve application 27-U-89 subject
to the findings and subconclusions of the hearing with
conditions 1-10; condition 11 modified to change the
date from 1/3/90 to 2/1/90; with additional conditions as
follows: Office structure on top of main shopping area to
be deleted; architecture of main shopping area to be
review by ASAC; condition 16 paragraph 2 modified from 13
units to 10 units; condition 19 to delete the inclusion
of 9 underground parking spaces; also all spaces in the
underground garage reserved for use of residential
tenants; condition 22 to include trash enclosures to be
reviewed by ASAC; maximum height of structure not to
exceed 30 feet; no through traffic in alleyway; ensure
remodelling of existing shopping center prior to
occupancy of the office building; addition to condition
16 to require the senior units to be held for 20 years.
Com. Mackenzie
Passed
Com. Fazekas
4-1
Chr. Claudy stated the recommendation for approval would be heard
by the City council on February 20, 1990