PC 08-26-85 CITY OF CUPERTINO, STATE OF CALIFORNIA PC-473
10300 Torre Avenue,Cupertino,Ca. 95014. Page 1
® Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON AUGUST 26, 11985
SALUTE TO THE FLAG 7:30 P.M.
ROLL CALL
Commissioners Present : Com. Mackenzie
Com. Adams •
Coma Szabo
Com. Sorensen
Chr. Claudy
Staff Present: Dir. of Planning & Developmnt .Cowan
Assistant Planning Director Piasecki
City Attorney Kilian
Assistant City Engineer Whitten
APPROVAL OF MINUTES
MOTION: Com. Sorensen, to accept the Minutes of the
Regular Meeting of August 12, 1985 as submitted.
SECOND: Com. Adams
VOTE: Passed 4-0
(Com. Mackenzie abstaining)
POSTPONEMENTS OR NEW AGENDA ITEMS
• WRITTEN COMMUNICATIONS
A letter from Norma Brodlyn, 22344 Riverside Drive
rogarding Item #5 on the Agenda, to be considered at that
time.
ORAL COMMUNICATIONS
CONSENT CALENDAR:
1. Application 25-U-85 of WEST VALLEY PRESBYTERIAN CHURCH:
Request for extension •of use permit .
2. Application 9-U-85 of INTERLAND DEVELOPMENT COMPANY:
(SEVEN SPRINGS RANCH) : Request for extension of use permit.
MOTION: Com. Sorensen, to adopt the Consent Calendar.
SECOND: Com. Adams
VOTE: Passed 5-0
ITEMS REMOVED FROM CONSENT CALENDAR
PUBLIC HEARINGS:
3. Applications 11-Z-85 and 17-U-83 (Revised) of TOWN
CENTER PROPERTIES (JASON CHARTIER) : Rezoning approximately
13.4 acres from P (Planned Development with Commercial,
Office and Residential 15-30 dwelling units per gross
acre intent) zone to P (Planned Development with Commercial,
Office and Residential 25-30 dwelling units per gross acre
4
intent) zone: Use Permit Amendment to construct 96
dwelling units and 90,000 sq. ft . of commercial/office
411, space in lieu of a previously approved 248 dwelling units
PC-473 PLANNING COMMISSION MINUTES, AUGUST 26, 1985
Page 2
and 45,000 sq. ft . of commercial/office space and ENVIRON-
MENTAL REVIEW: The Environmental Review Committee recommends
the granting of a Negative Declaration. The proposal involves
construction of a four-story 220 unit senior housing project,
a five-story 164 unit apartment complex/parking structure and
a three-story 45,000 sq. ft . commercial office building, in
addition to the 112 condominium units and 45,000 sq. ft.
office building currently under construction. The subject
property is located between Rodrigues Avenue and Stevens Creek
Boulevard east of Torre Avenue: (REFERRED BACK TO PLANNING.
COMMISSION FROM CITY COUNCIL MEETING OF AUGUST 5, 1985 AND
THEN BACK TO CITY COUNCIL MEETING OF September 3, 1985) .
Director of Planning and Development Cowan gave the Staff
Report and summarized the City Council's requests. He
confirmed the basic pattern was unchanged, but that parking
had been reduced to a single level with 1-3 stories on top,
more massive towards the west. The 3 storey office building
would be similar to the Cupertino National Bank building
closeby, he said, and roofs for the apartment and office
buildings would be ribbed metal to match it . He commented
that the Staff was not really in favor of the roofing on the
senior building, which was to be composition shingle. He
said that the decreased number of apartment units had resulted
in a better parking ratio, and also meant that the 1. 5:1
set-back to height ratio request of the City Council would be
honored. He outlined new Condition 27, to limit occupancy
of the senior units to senior citizens.
Com. Adams established that the only changes in the senior411
section was the roof and shifting around of some units to
attain the ratio.
John Vidovitch, representing the Applicant, asked to peruse
the new Condition which they had not yet seen. He stated that
they did not have an age limit, and , was concerned about the
Condition.
Mr. Cowan cautioned that the senior part of the project was
implicit, because of parking.
Mr. Vidovitch stated that sometimes people in need of such
housing were not elderly, though they met the other criteria.
He went on to list the concerns of City Council and how they
had been addressed; that the footprint of the office building
had been salvaged, but in adding a metal roof compatible with
the Cupertino National Bank building, some of the original
roundness had been lost ( he presented a plastic model for
the Commission' s perusal) . He explained the asphalt shingle
roof on the elderly building had previously been discussed,
that there had been no prior objection, and that the idea was
to give a residential look. He described increasing the
setbacks and removing the entire top row to get the ratio
required. They had reduced the apartment units from 160 to 80;
the three story element was now in the middle and appeared
very low, he said.
The Commission sympathized with the need to have some elderly units Ask
available for younger residents who fitted the criteria.
•
{ PLANNING COMMISSION MINUTES, AUGUST 26, 1985 PC-473
Commissioner. Adams, noting his, disappointment with the Page 3
410 decrease of residential units, inquired about an anticipated
expansion on the Adobe Inn site.
Mr. Vidovitch confirmed this was still their desire.
Com. Adams asked Mr. Vidovitch if he felt the office space
was needed, since it seemed office was being overbuilt.
Mr. Vidovitch reminded that the project was tied to the
office element for feasibility, and reported that the two
tenants in the Cupertino National Bank building had •
approached him about future expansion. He commented that
an excess of office space would bring down prices and
encourage more companies to move into the area. . Questioned
by Com. Szabo, he confirmed the apartments were the same siz -
as before, and that the senior housing had been redesigned
on the outside only.
Com. Szabo expressed his concern that the residential units
had been cut, since they were badly needed, and confirmed
this was a result of the sloping look required by City
Council.
Chr. Claudy established there would be three different
roofing elements in the project . He noted the senior
building and apartment complex blended well and had a
similar flavor, but was somewhat concerned about the green
metal roof on the apartment building.
Dennis Henmi, Architect, described the changes reflected in
the new Exhibits, and said changes might occur later to
better identify the entry point.
Com. Adams established that Exhibit 1A, first revision,
which the Commissioners had received had been further
revised because the Applicant had been unhappy with the
reduction of open space within the central plaza.
He discussed the parking below the condominiums with
Mr. Henmi and Mr. Vidovitch, and was concerned about the
security of the below-grade parking.
Mr. Henmi explained they had isolated the office and
residential circulation, that the second, above-grade, level
was primarily for the use of residents, and that there was
pedestrian access only between the two levels.
Mr. Vidovitch confirmed there would be a security gate
system and:- security controls where necessary, and commented
that the Sheriff's Department had reviewed the plans and
had said the height of the units made them safer. The
garage was similar to other parking garages, and access
could be controlled, he said.
Com. Adams noted the first level parking, as office parking,
did- not have a gate control arrangement, and would be an
unpatrolled area that would require security during evening
hours.
411 Director of Planning and Development Cowan confirmed the
plans had not met with concern from the Sheriff.
li
PLANNING COMMISSION MINUTES, AUGUST 26, 1985 PC-473
Com. Mackenzie, concerned about1the loss of residential
Page 4
units, confirmed with Staff that the Adobe Inn property
had residential potential, 411
MOTION: Com. Sorensen, to clolse the Public Hearing
SECOND: Com. Szabo
VOTE: Passed I' 5-0
Com. Adams felt the residentiial aspect was improved, but
was concerned about the reduction in the number of units.
Com. Szabo wanted to send a Minute Order to City Council
on the subject .
Com. Sorensen liked the blend 'of the senior and apartment
element.
Com. Mackenzie liked the architecture also, but felt the
apartments were more important' that the slope element, and
also suggested a Minute Order 'to City Council.
Chr. Claudy also objected to raving the office building
resemble the Cupertino National Bank building, which he
disliked.
Mr. Cowan explained the City Council' s decision on the
zoning, but also described a quirk Staff had found which
necessitated a Minute Order to'lgive City Council further
direction.
MOTION: Com. Adams, to send alM!inute Order to the City
Council to the effectlthat Application 11-Z-85
be changed to delete th'ie previous zoning
condition that connects! this Application to a 1983
Use Permit.
SECOND: Com. Sorensen
VOTE: Passed I� ' 5-0
MOTION: Com. Mackenzie, to adopt a Minute Order
advising the City Council that the Commission
has reviewed these Applications with the Exhibits
submitted at the Meeting and recommends City
Council approve the project with Condition 27
added, requiring thatat least 80% of units be
occupied by senior citizens, and also advising
that the Commission is concerned by the loss of
apartment units, and that the City Council endeavor
to find a way to increa a the number of apartment..
units in the project:
SECOND: Com. Sorensen I�
VOTE: Passed 5-0
4. Application 13-TM-85 of MONTA VISTA WOODS (DOUG HEALY) :
TENTATIVE MAP to subdivide a mixed use office/residential
building into four office and four residential condominium
units and ENVIRONMENTAL ;REVIEW:" , The project was previously
assessed, hence, no action is required. The subject
property is located on the southeast corner of Granada
Avenue and Pasadena Avenue in a P (Planned Development with
it
PC-473 PLANNING COMMISSION MINUTES, AUGUST 26, 1985
Page 5 Neighborhood Commercial, Light Industrial and Residential
® 4-12 dwelling units per gross acre intent) zoning
district . First Hearing. Tentative City Council hearing
date - September 3, 1985.
Assistant Planning Director Piasecki had nothing to add
to the Staff Report and relayed that Staff had no concerns.
The Applicant had no comments.
Chr. Claudy had heard from a Monta Vista resident who could
not attend the Meeting, but who saw no problem with the
project . 'He confirmed with the Applicant that the number of
condominium units were the same as previously proposed.
MOTION: Com. Sorensen, to close the PUblic Hearing
SECOND: Com. Mackenzie
VOTE: Passed 5-0
MOTION: Com. Szabo, to recommend approval of Application
13-TM-85, subject to the Staff Report, with
Standard Conditions 1-15, and Conditions 16-20.
SECOND: Com. Sorensen
VOTE: Passed 5-0
•
5. CITY OF CUPERTINO: PUBLIC HEARING to consider a
comprehensive amendment to the Trailer Ordinance regulating
parking and storage of recreation vehicles, trailers, mobile
homes and similar vehicles in all zoning districts. First
Hearing continued. Tentative City Council hearing date -
September 16, 1985.
111
Assistant PlanningDirector Piasecki presented the Staff
Report, giving the history of the proposed revision. He
described a "Hybrid" approach by Staff to attempt to
accomplish the Commission' s request to update and clarify
the Ordinance using the minimum of restrictions and regula-
tions. He asked that a further month be allowed for Staff
to finalize the revision, should the Commission be in
agreement with Staff' s approach.
He especially noted the allowances made for loading and
unloading; the disallowance of parking a vehicle on a
vacant lot; and an oversight in that there should probably
be a maximum number of non-personal passenger vehicles
allowed in rear or side yards or garages.
Chr. Claudy felt the maximum number should be related to
the square footage of the lot .
He asked the City' s position in the matter of on-street
parking enforcement; whether parking of certain 'types of
vehicles could be regulated.
City Attorney Kilian advised that the Vehicle Code contained
restricted authorizations for the City to regulate parking,
but that truck-trailers 'could be so regulated.
Chr. Claudy established there were no regulations in the
Vehicle Code of the private setback areas. .
410 Com. Szabo determined with Assistant Planning Director
Piasecki that although there was no Ordinance to prohibit
certain types of vehicles from being parked within the set-
back arPPs . the limn 11m4t rnln 'an111r1 -1•rp onrn r,,"f"ni ,
PC-473, PLANNING COMMISSION MINUTES, AUGUST 26, 1985
Page 6 The Assistant Planning Director 'added that only one non-
passenger vehicle per lot was 'allowed, parked in a manner
to give clear site to the sidewalk; however, this stipulation
411
did not extend to personal passenger vehicles, and maybe •it
should be added, he suggested.
There was some discussion on they matter of the City' s regula-
tion of the public street, since complaints had been received
on public street parking.
The City Attorney advised that regulation could be accomplished
by posting, but that this was impractical, since the whole of
the City would have to be posted. •
It was determined that there was; only one known storage lot
for recreational vehicles and such within the.. City.
Com. Mackenzie objected to vehicles being defined in terms of
use rather than size, since views could be blocked anyway in
some cases. He suggested using a curb line slope formula,
which would address such probl"ems.
Chr. Claudy, pollingthe Commissioners found theywere mainly
i,i �
concerned with safety. However,ihe was concerned with aesthetics
also, and particularly that front yards might be cluttered
with four trailers or recreational vehicles, with the cars
parked out on the street .
Assistant Planning Director Piasecki clarified that the four
vehicles allowed within the front yard setback were registered
and operating vehicles; also adding that no vehicles were
allowed at all on. grass.
City Attorney Kilian suggested combining Sections 8 and 10 •,
in the draft Ordinance and making the charge an infraction,
rather than a misdemeanor, sincethat was easier to enforce
and was more likely to be upheld. He also suggested that
the following be added to the Enforcement Clause: "This
does not preclude the City from filing a civil action toabate
any violation of this Ordinance as a nuisance. "
The Assistant Planning Director undertook to work on the
exception procedure, safety aspects and definitions during
the next month.
�Chr. Claudy and Com. Mackenzie felt that size definitions
would be easier.
The Assistant Planning Director commented that size already
basically. controlled non-personal versus passenger vehicle
definitions-, but that though same definitions could be flushed
out, the definition of self-powered versus non self-powered
vehicles could present a problem; since Staff wanted to see
as many of the latter behind fences or in storage as possible,
but did not want to restrict recreational vehicles in daily use
by using the size definition.
REPORT OF THE PLANNING COMMISSIiON
I
•
1
111A I
x
id:I vS 4� g_+"�FA2't�i�'j`".r'�
Tyf�9 '�.K xc ii.F... • r "i` Y tx alk f,:
r q T. .
a1as�y ri�ha �a
9,`°7
y,
• �. 1.4 3 t � � �3 f. F! �4 ��
.r (
• PLANNING COM-11SSION MINL,TESS,' AUGUST 26, 19$5
REPORT OF THE PLANNING DIRECTOR
Director of Planning ani. Community Development Cowan
reminded the .Commistioners, about the Planning Commis.sionera-'
Institute Meeting:.
ADJOURNMENT: 9;1:5 P'.'�•
# APP LOVED
4TI E STEM-n—'
Clem �r airperson
City 4'.
}''�' r z;
pp:J`
h
3k:
yJ
a.
4
3
S:
,c S �'€ �'� Es'm'a a�7f3� .. .r• y � +.ks+• � se '��� 3 t e K �" .. ''i