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PC 03-24-86CITY O?" ClJPERl'INO I STA.TE OF CALIFORNIA ·103or;Torre Avenue ~ CUportino, CA.. 95014 ~ (408) 252-4505 MINUrES OF 'IBE Rm.JI.AR MEETING OF 'lHE P.I.ANNJN..i a:t1MISSION HEID ON MARCH 24 I 1986 Meetirg Held in the council Chalnbers Of CUpart:i.no City Hall 7:30 P.M. OOLL CAIL: canmis.c:;ioners Pre.sent: Cllainnan Szabo Commissioner Adams a:anmissianer Sorensen Staff PI."esent: Robert Cowan, Di"C'OCtor of Plannirg & Davelopn¥ant Steve Piasecki, Assista11t Plannin;J Director Glen Grigg, Traffic Eng:i.I'leEl'.r Ciarles Kilian, City Attorney APPRJVAL OF MINl7I'ES MJI'ION: Can. Sorensen, to a:i;::prova. t.he M:i.nutss of the Regular Meetin;r of Marcil 10, 1986, as subnitted. SECDND; Can. AdanlS VOI'E: Passed 3-q ~ OR NEW AGENm I'I'Il:IS: -None WRI'ITEN a:M1tJNICA.TIOOS -None ORAL o:t1MIJNICATIONS -None CONSENT CAI.ENDl-\R -Application 20-U-85: L'1terpretation of Minor Amen:linent to Use Permit MOI'ION: SECX!ID: vo:rE: can. Adams m:rved to approve the Consent calen::lar Corn. Sorensen Passed - 1 -' 3-0 P'".L.ANNING c:x:MfiSSICN MINUI'ES Rflgular ~ Of March 24 1 1986 PAGE - 2 -PC-490 PUBLIC HEARINGS: ITEM 1 Af:plication No ( s) • P..wlicant: Prq:>erty owner: I.ocations: Parcel Area (Ac) MASTER USE PERMIT To allCYN the followin; uses to occupy approximately 30,000 sq. ft. at Eaton School and approxilllately 10,000 sq. ft. of the Frelront Older School facility: (1) Day care Programs (2) Exercise Classes (3) Private Education (4) Coun$(>..ling P.rcXJramS including the following: (a) Fine Arts/c1.-mce (b) Adult and elementary school (c) Preschool;, · (d) Technic;U rurl sp;?Cialized trainirX} OJNTINUED F.R:::M PLANNING CD1MISSIOO MEErING OF F'EBRUARY 24 I 1986 ~ REVIEW: Negative Declaration **•~Plannirq carrmissian Action Final unless Appealed *** st.aff Presentation; Mr. Piasecki stated that this Item was continued to allO'N the Envirorunental Review Canmittee (ERC) to study the details of ti1e proposal aro to enable them to make recx:uunerdations. Additionally, the O:::mnission requested incorporc.\tion of sarre change>..s whic..11 have been o:mipleted. 'Ihe ERC rea:::mimer.ds the granting of a Negative Declaration; they base this recornmendati<:m on the further lim.:.ting of Saturday activities m')der the application, hours of operation being from 9:00 A.M. t.o 3:00 P.M. and reducing the potential traffic generation on Saturdays to approxi."Tlately one third of weekday traffic. Plannirq staff recarrrmends ai:proval of this .Awlication. The rationale for the Master Use Permit approach is: 1) 'Ihat it reduces the bureaUCL.-dcy involved in sul:rnitt·::·;g 1.n:livi&.ul Use Penn.its hearings. · 2) 'Ihat it e.stdblishes stringent perfonnance standards with. regt:'.Y.'d to traffic; limitin;1 traffic ge:ne:ratin:;f characteristics :t:e>r those U&:.!S to levels similar to that genP...rated by the fonner pmlic EK hool. 3) 'Ibat it includes a one year rc...rview period. 4) 'Ihat residents of the neighborhood have the right to contest the inb?..rpretation of an in::li vidual Use Applica.\:ion. PI.ANNJNG a:H1ISSICN MINtT.rES · .Regular Meeting of March 24, 1986 PAGE - 3 -R:-490 ITEM l (Cont'd) In response to Ulr. Szabo's question regard.h-q t.he saturoay activities, Mr. Piasecki stated that this Application limits Saturday uses to those activities ::..dentified as an in::idental uses which can be all~ irrel3p!OCrt:ive of this particular pe.nrtlt. Amlicant's Prssentat;l.Qru Ms. Sonja Shun·, Supervisor of Prq?erty an:1 Records, O.lpertino School District, t:hankied the Staff f(?r the ratl.p given in work.i.n;:J out a Master Use PC?rmi.t a1~roacJ.1 which fraes in:lividultl lessee fra:n the requirement. to pay for each Pennit. sr.e stated that some lessee a.re witldrawin:J their awlicatian due ti:> severe increases in insurarice fees. Mr. Piasecki clarified that the KUman Math School is one of the first lessee of the Eaton School site and the hearin;r on this lesst~ has been cc.ttpleted. 'Iha o:mnission may wish to anr~ that anyone who wishes to contest this use needs to do so at tJtls hea:cirq; there will not. be further review by the School District. 'lbe Public Hearing was then opene?d. Mr. 'Ibny Scott, 20230 John Drive, CUpertino statecl that he sl'q::p::>rts t.~ oonoept of elimi.natirq the need for each. potential lease.a to pay permit fees; however, he has sane concerns re~ the School District's ability to make decisions ~ cipplicant.s for leasi.n;J school property. 'Ihe School Dist:ict has m.inima.L applicatJ.on procedures ru'Xl perf ormanc.e stan:lal:ds to be iret by an a_pplicant; for f:!xalrrple, there are no bac:kg:raund or financial checks. Mr. Scott requested additional ~rts to che-'.k these ai;plicant11 an::! that this infonnatian be made p.iblic. TnE Schc'0l Dis.tric..t has yet to prove t.'lat they can administer a program that lea.sea an:i manages property. 'l~.ere is a credibility gap arrl residents are reluctant to give a blanket permit to the Sd1.00l District. Mr. ~Tol:m Hansen, 20185 SUisun Drive stated that a letter circulated in t.he neighbornood estimates that the am:ru.nt of traffic created by the Kuman SChool to be approxil:naquy. 200 cars. ,In the original. meetin:;s with the District, t..'i.e estimate was 30 to 50 cars. When maetirg with the School District, residents were not infontied of this rreetirg tonight; they found out by the anonynoJS letter circulated in the neighborhood. In past meetirqs with the District, residents have been given inaccurate, sketchy information arrl Mr. Hansen feels that residents have been lied to. PU\NNING a:MMISSICN MINUI'l:S Regular Meet.in3' of March 24, 1986 PAGE - 4 - R::-490 ITEM l (eont'd) Ou:. Szabo referred the E;peaker to the staff Report which states t.."l.e describes the traf.fic and permitted use guidelines. As with any Use Pe.nnit, it can be reviEME!d and even revoked if nece:ssru::y. Mr. Piasecki stated that the Plannin;J Department will be :resp::>nsible for reviewing this Use Permit; if prd::>lems ex..i.st, the ar.plicarrt will be asked to document the traffic ge.neration levels. Parki.rq will be evaluated also. Corrlition 23 specific.:ally gives residents the ability to ~ the Use Permit if abuses exist. Ms. Elly Werner, 20076 I.a.Roda Ca.lit, OJpertir..o, stated her ccn:::erns are: -Fran a real estate point of' viei>I, the prequalifyin; stamards are questionable. Since the School District is unable to ask the j?el:tinent questions to :make decisive1 cx:m.clusions in ev-ctl.uat:l..ng a potential lessee, .. they are unable to make decisions that will ultiwately be b<mef icial to the neighborhood. -'Ihe lack of a gocxi :celatianship with the School District which wt:A.lld allow prospective tenants to inform the neighbothood :resident.a about their plans and goals. These meetirqs have boon disco:nt:i.rrue. -If fees are causirg prd::>lems, they should be J.ooY.eci at rather then securinJ one Master Use Fennit. Fees caJ.ld be w.:tived arid the Planning a:mnission could still review· each potential tenant. -The School Board is unqualified to make leasin;:J decisions. -'Ihe control exercised by the SChool District urrler the grantin::f of the Master Use Pennit. . -'Ihe constant threat of sellir¥J the schools if they are not leased out is uncalled for. -'Ihe lack of traffic control. -'Ihe inability to get answ«•.ra because no one is asking the necessary questions. Olr. Szabo stated that the City is not permitted to question fi.'1800ial backgrourx:l; their role is land 1.J.00 penni ts. Mr. Kilian stated his opinion that the School District could also inquire tnto the backgrourx:l of patential tenants. ~er, the Sdlool District im.y opera.te urrler laws that limit. them in ways which. the City of Cupe.rtino is not bound when it leases property. In any case, this infonnation is not made public. Ms. Shurr stated that notification of the residents will continue. 'I.he School District is not pemitted to provide residents with the detailed infonnatioo on poW11tial teriants th.at was requestOO.. However, the District does do a bac~l check on potential tenants. With regard to such teaiants as day caro an:l nursery school cperators they are governoo. by state laws, un:ier the social Services Act, to be licensed ard go through strin9ent requ.i.rements including fingerprinting, to be licensed by the State. ·~. PIANNIM3 a::MiISSICN MINUI'ES · .Regular Meetfn:r of March 24, 1986 PAGE - 5 -PC-490 ITEM 1 (Cont'd) Mr. Vincent La R:>rta, 20129 Sui.sun Drive, OJpertino .. stated that his concerns are parkin3' am traffic. He has had serious traffic prc.blema with the exterded time the school is presently being use:I. Potential traffic accidents ard violations of traffic laws have also occurred. Attenpts to notify tha School District of these probl'3J'i1S have bean unsuooessful. Mr. I.a Porta fee.ls the Di.strict is not providing clear inf oonatian to the neighborhood arrl has not dem:mstratoo conoern re;Jardin;J the traffic prclJlems. Mr. l=hil Harris, 20087 SUisun Drive, Clpertino, askOO a number of quest.ions regar.'din:r traffic, the number of trips and further leaafn; of the school. His concerns a.ta that residents have rot reoeived notification of :meet.i.rgs an:! that the School District is unresponsive to their canplaints; i.e., traffic, pn-king and maintenance of the school. 'Ihese things are critical to the neighborhood. Urrler the Master Use Permit, the School Boo.rd can lease to anyone they wish; residents do not have any .inprt. into thl.s situation. 'Iha neighborhocd ha.a no recourse except the Camnissian. Ou:. Szabo stated that residents ha"\i-e recourse to the Cc:mnission just as they do whe.n a violation of any Use Permit. occurs. Ms. Ba.tbara c:h.an], Teacher, J:Qnnon Math School, stated that those connected with ~ are aware of the traffic cortCP..rns of the residents. 'Ihe following infonnation has been submitted to the School District in writing arrl thus should be available to neighborhood residents for review: Of the 105 current students of I<lllwn, 10 are corres-pondence students. 'llle School has made an exact traffic co.mt of 3 days of 23 cars each, 1 day of 24 cars. Several students live in the neighborhood; of those who c.ammute, car pooling is preferred by several of their parents. · · Ms. Oiarq invitOO. the neighbors to ask questions, to call or to visit the SChool. 'Ihe teachers are willing to answe.i:.· these questions. MJI'ION: can. Sorensen iroved to close the Public Hearing. SECDND: Can. Adam:l VOI'E: 3-0 can. Adams stated that the fi..'la.OCial background of the potential tenants is not the business of the C"..anmission. With regard to traffic, tt.ie COrrlitions adeq1.1ately aafegu.ard the camrmm.ity. Consider~ tl1e ~t of 'WOrk involved in processirq in:l.ividual Use Permits, the Commissioner favors trying the Master Use Pf>..rmit with a review of its effectiveness at the end of one year P.IANNING CXJ1MISSION MINUI'FS Regular Meet.ir.g of March 24, 1986 PAGE - 6 -FC-490 IT.EM 1 (Cont'd) O::m. sorensen stated that in review:ng tht:! Con:litians, she feels th.er.a are adequate safeguartis for the c:armunity, noting Coniitions 13, 19" 23 in particular, as safeguards for the neighborhood. 'Ihe Commissioner cautioned the School District to take special care to notify residents cf hearirgs. ~ \ . Chr. Szabo explained the safegu.ru:Us in the proposed Master Use Pennit Application: -'!be School District will hold a rooeting for the benefit of the contJ:mmity before signing a lease.. -'!he city has a~ procedures; l:x:1th ~s to the Planning Ccmmission an:i the City Council. -'Ihere are guidelines and requ.i.rements that the Sd.IOOl District ll1USt follow. -'Ihere is a one year period to review th.is plan; Iniividual Use Permits can be initiated if the~ Use Pennit is found inadequate. '!he Cbai.nn:m stated that he believes this Permit will wrk out. :t.or:roo: can. So:r.ie.nsen moved to grant a Neg-a.tive Declaration for Ar.plication 1-U-86. SEOJND: Com. Adams vor.E: Passed 3-0 M1l'ICN: can. Sorensen IOCIVed. to awrove Application l-U-86 subj~ to the fin:tirgs arrl subc:onclusions of the Public Hearing and subject to O':lrd:i.tions 1 thro:tgh 23 as stated in the draft Resolution. · SECUID: can. h'lanlt:1 V01'E: Passe:i 3-0 arr. Szabo stated that the doois.lon of the Plannirq Canm.issian may be appealed to the City Ca.mcil within five W"Orkin;J days. '1his is accanplished by filing a written notice with the city Clerk's office. IT.EM 2 Application: Applicant: Property o.imer: Ior'....ation: 4...JIM-.~8~6---~~~.~~~~~~-Bri~s/f_Ql..l.l,k am. Associates Vfilco Park Ltd. NottJiwest comer o;t: Tantau A'.re. ar.d. and Stevens ~c Bouleva.rd, boundeq to-~--north-1;/y Vallee Pa+kw?_y__, __ appro]l:. _17 'I'EITT'ATIVE MAP To subd.i.vide 17 acres bto 3 pal:"Oels with lot sfaes ran:1in3' fran 4 • 5 ac..'TeS to 6 • O aCJ:."eS • \I -~ C:OOI'INOED FRCM PIANNilJG W1MISSION MEETING OF MAROI 10, 1986 ~'AL DE.'TEHMINATION: categorically Exempt ""**Planning Commission At..tion Final unless Appef.i.led*** e PIANN:mG CXJ4MISSICN MINll'I'ES Regul:ar Meetin;J of Marcll 24, 1986 PAGE - 7 - FC-490 ITEM 2: (Cont'd) staff Presentation: Mr. CCMan stated that the prililary p..u:.-pose of the map is to create a separate pa:r.cal for the recently ar.pl'.."OV'9d Mariott Hotel Site. 'Ihe Al;:plicant did not wish to make a presentation. 'lbe Public Hearim was then opened. 'lhere were no s.-peakers. MJI'IOO: can. M.ams m::rvec! to c..' ~: 1 the Public Hearing. SEaJND: Can. Soren&en VOTE: Passed 3-0 MJI'IOO: can. Sorensen m:J'.'ed fai: approval of Application 4·-'IM-86 subject to the fin:lings and subconclusians of this Hearfrig and subject to CO.ndit.l.ans 1-13 of the draft R-:J.SOlution. SECOND: Can. .Adams VOI'E: Passed 3-0 ITEM 3 AE:Plicatioo; .Awlicant: Prq;:>erty o..mer: I.ocation: 4....U-86 CUpertino Cit'l_center Assoc~=s __ _ eupert.ino citv Center Associ~----_§_Q..tt.heast corner of DeAnza ~an::l Stevens Creek Boulevard"-=-------- USE PERMIT To construct and operate a 340,000 sq. ft, office space, 240-rocm hotel complex, and a parJc. FIRST HEARING ENVIRONMENTAL DETERMINA'l'ION: •riered Negative Declaration~ TDITATIVE CITY OJlJNCIL HEARING D.z\TE: April 7, 1986 staff ~tLor.1-.!.. 'llle Afplic:ation represents the third i:hase of the City Center developnent. 'lhe Application includes the we..."'lt.ern part of the project and is con::erned with t.he cx:mstructiOI"I. of a 240 i-oan hotel, two eight sto:i:y offioe towers arrl a public open space. In the Staff Report, it is noted that this Awlication is consistent with the General Plan adoptOO fo 1983. 'llle major chan]es represented in this Applk..ation are: 1) m::x:H.fied configuration of the hotel flcx:>r plan 2) dele~.ion of a buildirq on the west side of the C01Tplex. ':he deletion affects t..'le use of available square footage in the two office towers. With rararct to architectural fonn, the buildings in the foregrcn..:inj mask the builcl:i.n:Js at the C'.enter of the project. 'Ul.is is an example of the concept discussed by the CCtri11llission level during review of the General Plan: that of p:acing the tallest structures in the center of a site and workirq tcward the major .boulevards with less intensive built forms ·' PLANNING CXM1ISSION MINt1I'ES Regular Meetin;J of March 24, 1986 PAGE - 8 -PC-490 ITEM 3 {Cont'd) '!he General Plan arx:l the COrx:li.tions for .Approval of the Zonin:;J enq;ihasize placement of the three arrl foor story structures on the east aide of the site. 'Iha staff RepoLt raises the issue of comme.rcial square footage. The Ge.nP...ral Plan discusses the possibility of 639,000 square feet of office arrl. canmercial use without detailing what the proportions should be. Heavy ccnuoorcial use wa.lld require additional traffic review. 'Ibe Zoning doP.s :make clsar, however, that at lea..crt 50, ooo square feet in the proj act be ccrnmercial. This ~d ensure a mixture of lan:i use within the complex arrl. provide for residents of the city to use and. enjoy ~ area. Staff recx:;gnizes the difficulty for :retailei"S locating in this canplex arrl that convenient parkirq woo.Id need to be arranged; however, some canmitment to camnercial square footage is necessary per Zanin;!. Several options for including ocmne.rcial activity are noted :in the Staff R-.op:>rt. 'l1le question is to what degree does the canmission wish to see camoorcial uses incorporated :in this developnent? 'Ihe original conoept was to build a :m..irror image building to provide additional apartments and park.in;. '1he applicant has effectively provided parkin;;J in this canplex. If the conclusions of the parld.ng Study· provided by Barton Asc:innM is accepted, then tlwre is little llicentive ta build an additional structure for parld.DJ. Technical issues: 'll10 traffic Report prepared for this a:pplication makes the assumption that traffic mitigation n-eastlreS will be installed on a permanent basis to prevent intr..lSion .into the neighborhoods. 'Ihis Report discusses: 1) t.he impact of this Ci.evelcpnant on the overc:tll city street syE:tem and five key :inter<-..:>E!Ctions. 2) the neighborhood protection plan. 'Ihe City Council is c:ondtictinq Hearings on this issue also. Break: 9:15-9:25 In response to qrr .. Szabo's question, Mr. Grigg stated that the traffic improvements, i.e., the widenin:J of DeAnza Blvd. adjacent t.o this project, is currently being designed arrl bids on the improvements may be taken this sumrrer. completion in possible in a year's time. · · fil?plicant Is Presf>..ntation: Mr. Mark Kl."oll, CUpertino City center Associates, explainoo that their presf>...ntation is int.en:ied to d.em:lnstrate their commitment to exceller:c<.:! in architectural design and plannin;J. Considerable time has been spe.:1+. in creating a projec.t that this community can be proud of; a project tha·.:: centers attention on the spaces available to the residents of this community, arrl cx::llTpletes the goals set out .in the master project. Pr.ANNIN; o:::M-tISSICN MINClI'ES Regular Meeting of March 24, 1986 PJ!IGE - 9 -PC-490 !TEN 3 (Cont'd) Mr. William Valentine, Architect, presented the roaster plan and the offi.ce carponent of the project. Mr. ValeJ'ltine used models am a rn.unber of drawin:;Js to shCM the Cornm.issionf>-rs the plans for the project. He stated that th.a park is to be open ard act as a lead in to .. :.n.e p.iblic spaces of the c:::anplex, while remai.ni.rg visible an:l accessible to pedestrians and carmmltera in the DeAnza Blvd. and Stevens creek Blvd. :intersect.ion. can. Adams questioned the placement of the mechanicaJ! equipment at the forefront of the office ~. Mr. Valentine stated that brinJing this mechanical. equii.:ment to the forefront will act as part of the skyline. Y.r. Kroll stat.Erl that special thought was given to SCl-eening the mech•m:.C"..al equipnent an:l. to architectural integl.'O.tion of thereof with the project. · Mr. John Hill, Architect., stated that special oansideration was given to the design and placement of the hotel. Initial plans placa:i the hotel with a hanl ed]e to the park and to stevens Creek Blvd. In adclitior1 the public spaces of the hotel were inward facin;r. 'Ihe new' design places th.a . p.lblic spaces, i.. e. the restaurants, bars, lounges, on t.11e outside of the hotel ard confines the roans of the hot.el to the interior. In response to Can. Ji..dams questions, Mr. Hill located the exits an::l the storage areas for fire fightin;r equipnent; he stated that the'; will be meeti.rq further witn the Central Fire District and. will o:mfonn witl1 all necessary requ.L.-a!ie.&ts. 'lbe Camnissioner proposed that a Hazard/Disaster Plan be developed between the hotel and the nearby build:IDJs. Mr. Kroll stated that additional traffic updates for this project ha.Ve been car.t;>leted. 'lbe traffic up:jate is contained in the Staff Rl:."POrt arrl Mr. Dick Ivy, Traffic enJineer, will answer any additional questions. CUrrently, the designs are being caupleted for the developer's share of the required traffic .improveroonts on DeAnza Blvd. De.rrolishing the existing retail stores, which are currently a source of considerable iro::rne, will be necessary to ccu:rq_:>lete these ilrq;l:roverrents. The Traffic Mitigation Plan, put into effect by the City Council, keeps the project-generated traffic out of the neighborhocds. Hcwever, while dealin:;J with the project""C]enerated traffic the alternative plan does not dP..al with the base-line traffic that exists preseI'ltly. The plan in effect at present does accaarrodate the base-line and the project-generated traffic. In response to can. Sorensen, who asked about a question raised by the ASAC rwiew, , Mr. Kroll stated that park.in;J beneath the hotel ar.d. t.he parkirq lot directly e.ast of the hotel will service the hote.1 visitors and the office tenants. 'Ihe easterly lot will becaroo Vdcant during the 4:00-6:00 P.M. period arrl will thus be available to service those using the restaurants and bars of tl1e hotP...l. . ; PLANNING a:MMISSION MINCJI'ES Regular Meetirq of March 24, 1986 PAGE -10 - P0-490 rim 3 (cont'd) Olr. Szabo made the d::is.ervatlon that two of the 100re att1:a-:tiva features of this project as it was originally presented, have been deleted: l} the in:::reased residential use of the property; 2) the retail activity. Mr. Kl::\")11 stated that neither of these ~ ha.ve been dfilett.!d. What is being presented this eve.nir)3' is the next phaoo of this complex; by no iooans are the dwelcpera precludin:J the additior.al :residential. 'Iha developers will present plans for additional residential unit at a lat.er time: this project is envisioned to take frcm seven to ten years to canplete. With regani to retail, Mr. K'roll stated that this an ilYlportant part. of the project. 'Ihe hotel will create restaurant am. bar usage; the ~,;r.cial areas have been designed for office suppo-rt services an:i other retail use. air. Szabo restata:l that he is seriously cx:m::erned that, as seen in other projects, t.'IJe t'leaidential use will be pared down and eventually, the retail will disappear. Mr. K'roll cited the example of past concP-tn.s that the park wculd be made into a high rise; he assured the c:anmission at that time t.~t a park would be built arx:l in ft'!.ct, that is what is being l::W.lt. can. Adams expressed his oanfidence that an adiitional. residential ca.nplex will be l:W.lt an:i that the lartl bank site will be developed as cal\\Tel"'Cial in nature. 'Ihe caamissioner wishes to see these aspects developed. Mr. Paul rettieri, I.andscape Archit..ect, stated that their intention is to oantirrue the Master Plan. Landscaping along Stevens Cre«·: Blvd. will be completed durirq this :i;:tiase. surfacing the P~'rtc:he.re area in the same brick pattern as done in the office area will provide o:mtinuity to the project. He then gave further details of the larrlscupin:J c;!' the park, the pe:iestrian walkways ,an:l the parking, patterns. 'Ihe PUbliC". HearinJ was then opened. Mr. Jim Martin, 10325 Pl\ml Tree Lane, CUpertino, stated he is oppose::l to: -'!he anount of off ice space proposed -'lhe height ot the office towers -Potential in:::rease in the arociunt of vacant office space Mr. Ma:ctin favors the hotel, the apa."'."boonts, the park ar,.;;l t..i.e ampitheater. 'Ihe hotel is well designed and is an aaset to the city; the <.'lpen spaces in this ,t:;roject are a welcome addition to CUpert:irlO. Mr. Fhil urxierwood, 10325 Farallona Drive, a.ipertino, reque!iited the Commissioners to consider: -'Ihat thiz project acl:ls office space. CUpertino has Ul'10CL."'Upied, and in sane 0-"IRes, deteriorat~ office space at present; approval of J?rojects whir.h provide additional office space should contain a provision that requires maintenance of these spaces whether rented or not. -the traffic problems that currently exist. ' 1. ·!. 1 •; ,. { ~ C01MISSICN MilUI'.ES Regular Meetin;J of March 24, 1986 PAGE -11 - PC-490 ITEM 3 (Cont'd) M1I'"ION: Can. Sorensen lOC7V0d to close tha Public Hearing. SEO.:tm: Can. Mame VOI'E: PassOO can. Adams summed up the issues of ccncern as: 3-0 ' -Fhasin;J of dellelcpoont. OJrrent guidelines for this project have been studied in g::-eat detail; h~er, the ~ing of th.ls project has not beert c:l.iscusse;:1. With the additfon of the eight story structure, there will be parkirq am traffic p:rOOlems. since Righway 85 is still in the prq:>osal stage, this will i.mr.Jact. the traffic on st.evens Creek Elw. an:i .DaAnza Blvd. '!.be three year time planned for completion of this project l"\9qUiJ::'es the canm.ission to anticipate the traffic needs for the future. -Use of the tO'Ner top to store maintenance equipnent. -Propose:i hotel sign. -Possible problem of pigeons on the Wildin:J. -Maintenance of unrented office apace; this needs to be discussed by t.oo Commission at arci:her zreet.irq. can. Sorensen .:x::incw.Ted "-'itli. the corci&ns already ~..sse:i, with the addition of a :t:"eqUe.st that sam of the eupert.ino larrlmarks be retained such as the traditional Cllristmas tree on the nof of the cali.Brothers Mill. arr. Szabo s~ted a con:liticn that 'W'OUJ.d pi."OV'ide for a :tea..c;onable annmt of canme:t'Cial/!'.'etail space in tltls project. 'Il1e Oiairman also stated his conoern reganili-q unrented office space in the City. Mr. Kroll stated that the hotel is ready to beg'in construction; a project of this dimension requires a lead time of two to three yeara. 'Ihe developers are very much aware of current levels of unoo:."Li:pied offic.e space. Concern regatd.ing the pigeons has been taken into consi~ .. ration arrl they recognize that the proposed. hotel sign at the top of the building" may not be a:q:>roved. With regard to the cali Brothers Mill, tl1e develope:rs will try to continue with same of the traditions set dam by the cali family. The Mill will be c:x::JCUnem:)rated in various ways throughout the hotel and the project. It is in the best interest of the project to include retail activity; ha.vever, Mr. Kroll requested that this rlOt be :nade a corrlition of. the AWlication approval. I..erders are wa:r.y of spaces that can be leased only to one type Of U.00. He also questioned Con::lition 18 :requirin:J a radio arnpl.ification system, arrl asked to be given the flexibility to 'iNOrk with the Central Fire District arrl with the Sheriff Is Department to e...etermine the need for run place.me.nt of tltls system, arrl of the tool caches also. .. .,, P.U\NNING o:MfiSSICN kJ:N&l'ES Regular Meeting of March 24, 1986 PAGE -12 -PC-490 IT.EM 3 (Cont'd) Regardirg a:niltion 18 F., the aerial ladder truck, if the Council deems that :'?oth the Mariott Hotel am the City oanr..er Project support this project, they have oo abjecticin. Mr.. Cowan stat.e:i that the :Mariott Application contains this Cordition. '!he COUncil has authorized the City Manager arxi 'tl'le Fire District to present a report to them. Finally, it is the intention of the developers to try to :include 50,000 square feet of oanmercial activity space; this ~ial space will probably be bankin;J, stor..k brokerages, savirlCJS and loans associations. Mr. eowan stated that shc.W.d the camnission wish to allow greater flexibility in the lard use, a Minute Order to the City COUncil suggestin3' a chan':3e in the zon:l..rq wculd ba appropriate. '1llB zo:nirq .is very explicit in this case, statin;J '"llle:re shall be 50, ooo square feet. " Mr. Kroll stated that this area will be designed and marketed as commercial but that market factors will determine the use. Even if the space were given away, the space cannot be leased if the tenant cannot do an adequate business at a particular location. c::ti.r. Szabo ct-... a:tOO that he strorqly prefers residential use; however, the camnission cannot make such a determination arrl is limited to approval of the prq:>OSad ai:::plicatian. M'JI'ICN: a:m. Adams mDVed to grant a Tiere:i Negative Declaration fot· Applicat.ion 4-U-86. SECC!ID: o:in. Sorensen VUI'E: Passed. 3-0 M.:>'E'.:ON: can. Adams m::wed to recommerrl approval of .AWlication 4-U-86 subject to the f.irrli.n;Js arrl sul:conclusions of the Staff Rel;x:>rt an:i this Hearing, and su;pport.ir.q the Resolution presented by Staff containing Corditions l·-26 with Con:tition 18 ·per the reccmrerrlation that the fire equip.nent an:i tool cache locations shall be approved by the 1 City after consilltation with the Central Fire District. SEmND: can. Sorensen VOI'E: Passed 3-0 OID :OOSJNESS ITEM 4 Application 7-U-86 Evaluation of Planning Commission Minute Order -~licy ~ street improvement/develcpnent thresholds. ·, t ,. e PI.ANNING CX'MMISSION MINUTES Regular Meeting of March 24, 1986 PAGE -13 FC-490 ITEM 4 (Cont'd) Mr. Piasecki surrmiarized Application 7-U-86; tbe Comrnisbiu.n included a .Minute Order to the city council suggesting that the streetscape sta:nd.a..."'ti conditions should not be iniposed on this development. 'Ille city cow1cil felt that there should be a mechanism for tying improvements to Us:e Pe.rm.its Application-:; over time, and that Uses should not be changed without being committed in some fashion. '111.e Staff has written a revised. Minute Order discussing the camm.i.ssion's position on this particular Application, and a policy Minute Order descriliin3' a methodology whereby the Cq-nmissicn would Pa.sically add up. the Use Permit space over ti.me an:l when that space exceeds 25% of the particular shopping canter, they would be obligated to complete street improvelt'ents un::1.er the Starrlard Conditions. MOI'ION: Com. Adams move::i to recommend adopting the two Minute Orders relating to Application 7-U-86 concerning Policy c, as noted in the Staff Report. SECOND: C'.orn. Soren.sen vorE: Passed 3-0 NEW WSINESS -None REroRI' OF THE PI.ANNING W1MISSION -None REFORI' OF THE PLJ\NNING DIRECIDR -None ADJOURNMENT: Having C"'.onclucled its business, the Planning Commission adjourned at. 11: 04 P.M. to the next Regular Meeting of April 14, 1986 at 7:30 P.M. APPROVED: JL__LJfil_) aA( Chairperson ' }; ; J. . ~ ' J.