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PC 01-28-85 . CITY OF CUPERTINO,STATE OF CALIFORNIA PC-458 10300 Torre Avenue,Cupertino,Ca. 95014 Page 1 Telephone : (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 28, 1985 SALUTE TO THE FLAG 7: 30 PM ROLL CALL Commissioners Present : Com. Mackenzie Com. Adams Cora. Sorensen Chr. Claudy Commissioners Absent : Com. Szabo (at BMR* Study Group Meeting) Staff Present : Assistant Planning Director Cowan Assistant City Engineer Whitten APPROVAL OF MINUTES MOTION: Com. Mackenzie, to accept the Minutes of the Regular Adjourned Meeting of January 9, 1985 SECOND : Com. Sorensen VOTE: Passed 4-0 (Com. Szabo absent) MOTION: Com. Mackenzie, to accept the Minutes of the Regular Meeting of January 14, 1985 . SECOND: Com. Sorensen VOTE: Passed 4-0 (Com. Szabo absent) MOTION: Com. Adams, to accept the Minutes of the Regular Adjourned Meeting of January 16, 1985 SECOND: Com. Sorensen VOTE: Passed 3-0 (Com. Szabo absent, Com. Mackenzie abstaining, since he had not been at the Meeting) POSTPONEMENTS OR NEW AGENDA ITEMS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS CONSENT CALENDAR ITEMS REMOVED FROM CONSENT CALENDAR PUBLIC HEARINGS: 1. Application 2-GPA-84 of CITY OF CUPERTINO : PUBLIC HEARING to consider an amendment to the City of Cupertino General Plan including, but not limited to, the amendment described below: New regulations regarding commercial land use in the Old Monta Vista Planning Area (properties generally located on either side of Stevens Creek Boulevard between Bubb Road and Orange Avenue/Mann Drive intersections) . *BMR - Below Market Rate Housing r . 0-458 PLANNING COMMISSION MINUTES, JANUARY 28, 1985 age 2 Assistant Planning Director Cowan referred to the consensus reached on January 9th and explained that the geographical • scope and the allocation of the public parking spaces for commercial developers needed to be further defined. He described the boundaries that Staff recommended as being bordered by Orange Avenue, Granada Avenue and the railroad tracks. Chr. Claudy invited any further public input . Ann Anger, President of the Monta Vista Improvement Association, was very comfortable with the Plan. Lance Brown, Monta Vista resident, was totally against on-street parking, he said, and listed areas where parking had become a problem, such as the Vetinary Clinic on Foothill Expressway, the landlocked parking at Neli ' s Deli, and a new building on Pasadena that was causing obstruction due to loading practices. He also commented on buildings and projects that had not turned out well, and thought Staff was too lenient with developers in the area, too lax on violations and too ready to have ordinances changed. Assistant Planning Director Cowan, commenting on the on-street parking, advised that the decision for such in Monta Vista had been made after extended Hearings in 1978, and the present discussion was to encourage commercial use for such parking. Chr. Claudy pointed out that City Council, the Commission and • Staff did their best to ensure that developments turned out as they were supposed to, but regretted that sometimes they did not entirely. gnn Anger referred to a developer' s violations, advising this would be an issue in upcoming elections. Corm. Mackenzie suggested two changes to Exhibit A; firstly, in Section 1, first paragraph, . 25 F.A.R. * was redundant, since all development would be allowed at . 33 F.A.R. *; secondly, in Section 1, second paragraph, the second sentence was superfluous, since the amount of commercial space would be egulated by the parking available. Chr. Claudy requested that a Minute Order be sent to City Council to suggest that, in regard to Section 4 of Exhibit A, i . S.A. C. * be asked to draw up a set of new, more explicit Puidelines to project traditional store front architecture. LOTION: Com. Adams, to close the PUblic Hearing ECOND: Com. Sorensen OTE: Passed 4-0 (Com. Szabo absent MOTION: Com. Sorensen, to recommend the granting of a Negative Declaration SECOND: Com. Adams VOTE: Passed 4-0 (Com. Szabo absent) * F.A.R. - Floor Area Ratio * A. S.A. C. - Architectural and Site Approval Committee PLANNING COMMISSION MINUTES, JANUARY 28, 1985 PC-458 MOTION: Com. Mackenzie, to recommend approval of Appli- Page 3 cation 2-GPA-84 in accordance with the findings 411 of the Staff Report and the subconclusions of the Hearing, with Exhibit A modified to reflect the substituting of . 33 F.A.R. *for . 25 F .A.R. * in Section 1, paragraph 1, and the deletion of the last sentence of Section 1, paragraph 2 . SECOND: Com. Sorensen VOTE: Passed 4-0 (Com. Szabo absent ) As there was no tentative City Council hearing date mentioned Chr. Claudy advised interested parties to watch the newspapers . 2. Application 15-TM-84 of PROMETHEUS DEVELOPMENT COMPANY (CUPERTINO CITY CENTER ASSOCIATES) : TENTATIVE SUBDIVISION MAP to resubdivide three parcels consisting of approximately 22 acres into seven parcels ranging in size from 1. 2 acres to 6 acres and ENVIRONMENTAL REVIEW: The project was previou• - ly assessed, hence, no action is required. The subject property is located on the southeast quadrant of Stevens Cree Boulevard and De Anza Boulevard in a P (Planned Development with Residential, Commercial, Office, Industrial and Office intent) zoning district . First Hearing. Tentative City Council hearing date - February 4, 1985. Assistant Planning Director Cowan explained the Tentative Map was to adjust property lines to reflect the latest • approved Use Permit for Prometheus. He passed out a revised set of Conditions, listing minor changes as follows : 18 (a) ;the term "occupiable" to be inserted (to accommodate playstructures, etc . , that might be built ) . 18 (b) ;the term "parking" to be eliminated (so that parking could be regulated by Use Permit applications, since there would be a constant adjustment in parking supplies) . 20; to reflect the decision to allow condominium development on parcel 3, and, because of the complexity of building air space condominiums, to authorize a 105 unit condominium plan, leaving it up to Staff to approve the final document . Chr. Claudy ascertained that landlocked lot 5 was the common area for lots 1,2,3 and 4, and that it was legal to create such a parcel. Com. Adams established that lots 6 and 7 would be resubdivide• later. Mark Kroll, Prometheus Development, explained the action was just a legal formality to comply with the California Map Act . MOTION: Com. Mackenzie, to close the Public Hearing SECOND: Com. Adams VOTE: Passed 4-0 (Com. Szabo absent) PC-458 PLANNING COMMISSION MINUTES, JANUARY 28, 1985 Page 4 MOTION: Com. Mackenzie, to recommend approval of Application 15-TM-84, Revised, in accordance with the revised recommendations of the Staff Report, the findings • of the Staff Report and the subconclusions of the Hearing (per Revision dated 1 . 28. 85. ) SECOND: Com. Sorensen VOTE: Passed 4-0 (Com. Szabo absent) 3 . Application 31-U-84 of CITY OF CUPERTINO (VALLCO PARK PLANNING AREA) : AMENDMENT OF USE PERMITS in the Vallco Park Planning Area to bring them into conformance with the Cupertino General .P1 :'- This Amendment proposes to delete conditions requiring participation in local improvement districts and substitute a requirement to pay a construction tax on new development and use surplus assessment district funds for City- wide street improvements . ENVIRONMENTAL REVIEW: The Environ- mental Review Committee recommends the granting of a Negative Declaration. The subject properties are bounded by Stevens Creek Boulevard to the south and Homestead Road to the north and include both sides of Tantau Avenue to the east and Wolfe Road to the west . The propeties are located in the MP (Planned Industrial Park) , P (Planned Development with General Commercial intent) , P (Planned Development with General Commercial, Office and Recreational intent ) , P (Planned Development with Regional Shopping intent ) and P (Planned Development with Commercial, Office, Industrial and Hotel intent ) zoning district . First Hearing. Tentative City Council hearing date - February 4, 1985. • Assistant Planning Director Cowan explained that the cross- hatching on the Location Map indicated the affected area where, under the Vallco Park Construction Phasing Memo, rescinded in 1983, monies had been collected and held for participation in a local improvement district . He advised that , under the Model Resolution, these monies would be relinquished to the City to be used for roadway purposes. Walter Ward, General Manager, Vallco Park Limited, advised that to relinquish the monies it had been necessary to secure the approval of 100% of the Vallco Park property owners, which had been done . MOTION: Com. Sorensen, to close the Public Hearing SECOND: Com. Mackenzie VOTE: Passed 4-0 (Com. Szabo absent) MOTION: Com. Adams, to accept the Environmental Review Committee ' s recommendation for the granting of a Negative Declaration. SECOND : Com. Mackenzie VOTE: Passed 4-0 (Com. Szabo absent) MOTION: Com. Adams, to recommend approval of Application 31-U-84, subject to Conditions 1, 2 and 3 of the • Staff Report, the findings of the Staff Report and the subconclusions of the Hearing. SECOND: Com. Mackenzie VOTE: Passed 4-0 (Com. Szabo absent ) - PLANNING COMMISSION MINUTES, JANUARY 28, 1985 PC-458 Page 5 UNFINISHED BUSINESS 410 NEW BUSINESS REPORT OF THE PLANNING COMMISSION Con. Sorensen mentioned a recent accident at Foothill Express- way and Freeway 280, and the general traffic congestion and safety hazards, especially to children, in that area. Assistant City Engineer Whitten explained that since the area was under the jurisdiction of the City of Los Altos, the State of California and the County of Santa Clara, it would be inappropriate for the City of Cupertino to comment, but that the parties involved could be approached by citizens of Cupertino . REPORT OF THE PLANNING DIRECTOR Assistant Planning Director Cowan drew the Commission ' s attention to a League of California Cities Flyer covering an upcoming Institute Meeting to be held in Santa Clara, and advised the Commissioners to make arrangements with the Planning Department should they wish to attend. Adjournment : 8 : 15 PM • APPROVED: ATTEST: /s/John Claudy /s/Dorothy Cornelius Chairperson City Clerk •