PC 09-25-89
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Ave.
Cupertino, CA 95014
(408) 252-4505
MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON SEPTEMBER 25, 1989
SALUTE TO THE FLAG:
ROLL CALL:
Commissioners Present: Chairman Adams
Vice Chairman Claudy
Commissioner Mackenzie
Commissioner Sorensen
Commissioner Szabo
Staff Present: Robert Cowan, Director of Community Development
Mark Caughey, City Planner
Travice Whitten, Asst. City Engineer
Leslie Lopez, Deputy City Attorney
APPROVAL OF MINUTES:
Com. Mackenzie noted that he was not listed as "present" in the header on page 1.
Chr. Adams noted that his name appeared under those "present" when he was in fact absent.
Com. Szabo asked that Mr. Weaver's comment on page 5 about the billboard ordinance
amendment reflect his opposition to the presence of billboards in Cupertino.
MOTION:
SECOND:
VOTE:
Com. Mackenzie moved to approve Minutes of the Regular Meeting of
August 14, 1989, amended.
Com. Szabo
Passed, Com. Claudy, Chr. Adams abstaining 3-0-2
Com. Szabo asked that the record be corrected on page 7 to indicate his dissenting vote on
Application 9-U-75 (Amended) due to concerns about security.
MOTION:
SECOND:
VOTE:
Com. Sorensen moved to approve Minutes of the Regular Meeting of
September 11, 1989, as corrected.
Com. Mackenzie
Passed 5-0
POSTPONEMENTS:
- None
WRITTEN COMMUNICATIONS:
- None.
PLANNING COMMISSION MINUTES
Regular Meeting of September 25, 1989
Page 2
PC - 581
ORAL COMMUNICATIONS:
- None.
CONSENT CALENDAR:
ITEM 1:
Application No(s):
Applicant:
Property Owner:
Location:
28-U-88 (Amended)
Lawrence Guy
Landmark Development
Northeast Quadrant Rainbow Dr. and Gardenside Ln..
USE PERMIT AMENDMENT: Minor amendment to architectural exhibits approved as
part of the Planned Development for a 36-unit townhome project.
PLANNING COMMISSION DECISION FINAL UNLESS APPEALED
ITEM 2.
Application No:
Applicant:
Property Owner:
Location:
37-U-85
Fontana's Restaurant (Murray Horton)
Allan Byer
20840 Stevens Creek Blvd.
Request for extension of the period of validity for a use permit to expand an existing
restaurant. Proposed Use Permit expiration date is October 21,1990.
PLANNING COMMISSION DECISION FINAL UNLESS APPEALED
ITEM 3.
Application No:
Applicant:
Property Owner:
Location:
9-Z-81 (Amended)
Pacific Gas and Electric Co.
Pacific Gas and Electric Co.
Northeast Corner. Rte. 280 and Blaney Avenue
AMENDMENT to Condition 3 of the approved development plan to allow existing
temporary buildings to remain for an additional three year period to September 8,1992.
PLANNING COMMISSION DECISION FINAL UNLESS APPEALED
MOTION:
SECOND:
VOTE:
PUBLIC HEARINGS:
Com.Sorensen moved to approve the Consent Calendar.
Com. Claudy
Passed
5-0
PLANNING COMMISSION MINUTES
Regular Meeting of September 25, 1989
Page 3
PC - 581
PUBLIC HEARINGS Continued
ITEM 4:
Application No(s):
Applicant:
5-GPA-89
City of Cupertino
GENERAL PLAN - A public hearing to review the consolidated text of the existing
Cupertino General Plan and to enact minor technical amendments to said Plan.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Not Complete
TENTATIVE CITY COUNCIL HEARING DATE: Not Determined
CONTINUED FROM PLANNING COMMISSION MEETING OF September 11, 1989 .
Staff Presentation: Mr. Cowan explained that the consolidated, edited document before the
Commission constituted Phase I of a three part General Plan revision effort. The con-
densed format removed superfluous or outdated narrative, and would be easier to amend
through desktop publishing media. Phase II entailed a policy and technical background
update; this Phase would require approximately five months to complete, and included
exploration of incentive programs to encourage private recreation, as had been suggested
previously by Com. Szabo.
He then displayed a graphic describing the General Plan in a hierarchy of regulatory tools
used by the City to shape development. An updated land use and demographic data base
would be created, along with a series of Appendices describing use intensity, hillside
development, traffic management and physical design criteria. The Housing Element
Background Report would remain, as required by State Law. He noted that the
Implementation Section of the document would have to be supplemented with a timeline
and indication of priority for each Element's policies in order to provide a measuring device
to gauge the effectiveness of the General Plan. He noted also that several existing zoning
Ordinances and Area Plans may have to be updated as well.
Phase III General Plan review will examine the impact of Route 85 improvements upon
land use, and will likely incorporate a Transportation Demand Management (TDM) pro-
gram, in response to pending legislation. He then explained the requirements of the
monitoring program which would ensure case-specific compliance with General Plan
development principals, such as in traffic or affordable housing production. It was the
intent to provide a convenient format for systematic yearly review of the Plan and retain its
visionary as well as practical aspects.
In response to Com. Szabo's question, Mr. Cowan explained the limits on control of
impacts to the City's street system from actions by surrounding jurisdictions. However,
traffic capacity assumptions were being based on a regional model which accounted for
buildout scenarios envisioned by surrounding cities.
PLANNING COMMISSION MINUTES
Regular Meeting of September 25, 1989
Page 4
PC - 581
PUBUC HEARINGS Continued
Com. Sorensen cited a recent Court decision linking transportation system improvements to
air quality attainment.
The Public Hearing was then opened.
Mr. Ed Hirschfield, 734 Stendahl Lane, Cupertino, referred to Com. Szabo's suggestion at
a prior meeting to address developer incentives in the General Plan in order to retain private
recreation facilities. In response to direction from the Chair to direct attention toward the
consolidated Plan document, Mr. Hirschfield stated that the topic of private recreation was
germane to the revised General Plan's long-term vision for the community. He cited the
recent loss of some facilities and questioned the adequacy of present guidelines to ensure
their continued presence. Cupertino citizens were becoming disadvantaged in certain areas
of recreational endeavor; he urged the Commission's consideration of Com. Szabo's ideas.
Com. Claudy referred to an existing General Plan policy encouraging private recreational
facilities through development incentives; accordingly, Com. Szabo's suggestions should
be examined more from the standpoint of program implementation than as a definition of
new policy. Mr. Cowan commented that Stage II would include joint review of overall
recreation needs with the Parks and Recreation Commission. He noted the use of incentive
controls in the current Plan for affordable housing production.
Chr. Adams felt that it would be inappropriate to prioritize new implementation strategies
for this singular issue ahead of Stage II review of other policy issues.
Com. Szabo added that acceleration of land values poseed a special threat to private
recreation uses; he would like to put this issue on a fast track to guard against further loss
of facilities. He also asked consideration of incentives to encourage child care.
Mr. Hirschfield felt that the loss of recreational facilities constituteed a citywide issue of
quality of life, and required urgent attention by the Commission and Council.
Chr. Adams suggested that the issue be separated from the Stage I General Plan review,
and that specific solutions to the private recreation matter be discussed after review of the
overall document.
Ms. Ann Nunziata, 21921 McClellan Road, asked to speak on the closing of the Vallco
Village Tennis Center; Chr. Adams stated that such comments should be held until after
review of the General Plan document. Com Claudy added that no action by the Com-
mission could forestall closure of the facility.
Mr. Cowan noted Staff Report, Attachment A , an inventory of proposed deletions from
the existing text of various Elements and commented as follows:
SECTION ONE: Introduction
- The Commission had no comments.
PLANNING COMMISSION MINUTES
Regular Meeting of September 25,1989
Page 5
PC - 581
PUBLIC HEARINGS Continued
SECTION TWO: Land Use/Community Character
Mr. Cowan noted deletion of former Policy 2-2 as redundant. Com. Claudy suggested
that it should be reinstated as an overall indication of intent.
- Mr. Cowan noted inclusion of detailed trip accounting for the Town Center area, and
incorporation of several policy plan documents, including that adopted by the County,
dealing with Monta Vista. In response to Com. Mackenzie's question, he noted that the
Monta Vista Design Guidelines would remain intact as a separate document.
Mr. Cowan noted that the text of Goal B referring to the inclusion of a variety of scale
and formality in the development pattern was inadvertently omitted. Com. Szabo
recalled the advice from Tom Cooke, urban designer, to develop unifying thematic
factors for community design, and that the design principals in the plan be refined to
attain greater harmony in the development pattern. In response to Com. Sorensen's
question, Mr. Cowan stated that greater design detail is contained in the various Area
Plans, but that these documents should also be looked at for consistency with current
community design values.
Com. Claudy noted the Node effect of taller buildings in Vallco and Town Center;
Com. Szabo suggested that a stronger link should be created between height and archi-
tectural form/materials.
Chr. Adams asked if policy direction should be included in Stage I for redevelopment
of the Four Corners area (Stevens Creek/De Anza); Mr. Cowan suggested that this
matter be included in Stage II.
Several Commissioners noted that the FAR diagram did not match the example in the
text above; Com. Claudy suggested revisions of the diagram.
- By consensus, former Policy 2-2 is to be returned to the text, but should possibly be
reworded in Stage II; Goal B will also be returned to the Element text.
SECTION THREE: HousiQ~
- Mr. Cowan DOted that thlS~ioDwas aiInostvcrbatimfròm ~he existing text.
- -ID.rest'IO. . rise. to Cbr. Adamsq¡]...._·Mf..;;~. no.teIf'~3-14. W..hiCh sum.marized .
t~aí~8.housfnr.. ...... ~.. .,..'1In4..'""'?{Þ:."':...... .. .:!tI&. t.~.. t;.·..it.~cBMR... ..it1-lieufee5. ...
~~tþat tire -sw ..D!oJiIi~:~\'t·- . ,~~"'~foofof the
~~~~=t~=-~==~':~iors .
and the bandicappcd¡ with little attention mfà1ni1y bousingllfforáability. Mr. Caughey
explained that the City was aiding some lower income families through the Mortgage
Credit CertifICate Program.
SECTION FOUR: Circulation
- Staff noted that some of the charts are outdated, although more recent modifications
from I-GPA-BO have been included. Chr. Adams suggested that Figure 4B traffic
volume counts should be updated.
Mr. Cowan stated that background narrative explaining the traffic study methodology
had been removed, along with the right of way widths table.which should be placed in
an Ordinance.
J
PLANNING COMMISSION MINUTES
Regular Meeting of September 25, 1989
Page 6
PC - 581
PUBLIC HEARINGS Continued
SECTION FIVE: Environmental Resources
- Com. Claudy suggested that ambient air quality tables should be removed to an
Appendix; he also noted that the Kaiser Permanente discussion referred to modernization
which had long since been completed. Unless future improvements were anticipated,
this material should probably go to a background report.
On page 5-4, Com. Claudy commented that the Traffic Signal Interconnect system had
never worked properly
- Com. Adams suggested that a section be added discussing utility infrastructure capacity.
Mr. Cowan responded that this material could be added under Stage II. Com.
Mackenzie suggested that this matter should be addressed only if shortfalls are
anticipated and needed to be monitored.
- Staff noted deletion of former Policy 5-5 prohibiting driveup window facilities; drive-up
windows are now allowed under defined circumstances.
- Mr. Cowan explained that the Park Acquisition charts were reformatted but were not
current; They will be fined-tuned at Stage II in conjunction with the Parks and
Recreation Commission.
- Mr. Darwin Throne, 22958 Cricket Hill Rd., Citizens to Save Cupertino Recreation,
questioned the adequacy of the 3 acre/1000 population park development standard.
Com. Claudy noted that actual open space availability is greater than the national average
if surrounding facilities such as MROSD lands are counted. Mr. Thorne also questioned
the policy statement which identifies specialized recreation uses as too expense for public
participation. The City should ensure that these facilities are available. Com. Claudy
suggested that the Policy should be modified to state that such facilities are valuable to
the community, but delete reference to cost or limited constituency.
Mr. Throne emphasized the need for appropriate fiscal planning to create and retain
private recreation facilities; the General Plan should incorporate a philosophy to
encourage this activity.
- Com. Mackenzie asked that the Table on Page 5-25 include "acres" as the unit of
measurement
SECTION SIX: Public Health/Safety
- In response to Chr. Adams' question, Mr. Cowan stated that hazardous waste planning
narrative and policy will be added at Stage II.
SECTION SEVEN: lInplementation
- Chr. Adams noted that the Housing Element implementation format differed from the
format for other Elements; the Housing Format appeared preferable.
- Mr. Cowan explained that Commission input was needed to further refine priorities and
timing of City actions relative to stated policies.
Mr. Cowan then displayed a partial list of issues for creation of a Stage II General Plan
revision work program.
PLANNING COMMISSION MINUTES
Regular Meeting of September 25, 1989
Page 7
PC - 581
PUBUC HEARINGS Continued
Com. Mackenzie suggested attention to "pockets" of inappropriate land uses and the
resulting chaotic appearance, and to the development capability, if any which would accrue
from Rt. 85 construction. He felt that an overall quality of life analysis would be
appropriate, including defmition of desirable but underrepresented uses.
Ms. Nancy Burnett, 729 Stendahl Lane, asked about the place of the Goals Committee in
the General Plan revision process. Mr. Cowan displayed a graphic which describes the
Goals Committee effort as a Stage ill process, and described the methodology by which
the Committee will operate. Ms. Burnett commented that the Goals Committee appeared
likely to be reactive to work already done; Mr. Cowan stated that the Committee will not set
bold new direction, but refine the community's current direction.
Ms. Burnett also felt that the agenda should be more explicit as to the topics appropriate for
discussion during the General Plan hearing process.
Returning to the Stage n issues chart, Com. Szabo asked that Day Care be added to the
land use discussion.
-
Under Environmental Resources, the Parks Acquisition program would be restudied. The
Commission then felt that staff had adequate direction to prepare a Stage n work program.
Mr. Throne returned to the podium to comment on the safety hazard posed by Permanente
truck traffic, and urged that this matter be related to General Plan policy.
The Chairman then asked for comment on the ·Vallco tennis center; Com. Szabo clarified
his inten.tlo"send uignal·to Val1co and other private recreation opett!loNÛ!#t these: facH
itjçs weæ ~~_C'~ worthy of retention \hrQIIghaevelopment ~tives.
. "" '-"- --,. ..-.... . ---' -" , -'",-.. .-.. -., ~""" ,,-, -- .
·.:~)\áíi.z$t~~nQ~) readaS~~~;~.Oftbe
~..:~..,~~~... .
Mt:' ":2=- ;~i;";~.; co~ted·~ íhi~~~of the équi¡mteniused
...,';::: _.'0'
. dæ priority of developin~ incêntivell to halt the destruction
facilities in the community. Mr. HiJschfietd returned to
_ incentive system suggested by Com. Szabo would have no
Com. Claudy suggested attention to underutilized sites such astÏìe PG&E substation for
cooperative development of recreational facilities. However, he noted potential tax and
insurance liabi1ities which could inhibit such cooperation.
PLANNING COMMISSION MINUTES
Regular Meeting of September 25, 1989
Page 8
PC - 581
PUBLIC HEARINGS Continued
Com. Szabo commented that Zero-development credit parcels in Vallco Park could be given
development incentives if recreational uses are provided or retained elsewhere. Such
programs are already in place to encourage affordable housing production.
Com. Sorensen urged that the speakers at tonight's hearing appear at the City Council to
advocate for private recreation facility development and retention.
Com. Mackenzie also urged contact with the Council prior to the formal meeting, further
action on recreation incentives by the Commission, however, should be based on direction
from the Council. He also suggested that a "budget" be established to study the costs and
trade-offs implicit in any specialized incentive program.
Com. Claudy commented that a specialized pool of development intensity could be
established without site specific allotment.
MOTION:
Com. Claudy moved to send a Minute Order to the City Council seeking
permission to explore the possibility of providing incentives to foster and
retain private recreational facilities in the city separate from on going General
Plan review of other issues.
Com. Sorensen
Passed, Com. Mackenzie dissenting 4-1
SECOND:
VOTE:
Mr. Cowan stated that the Minute Order would appear on the Council's October 2, 1989,
agenda. The intent was to fast-track consideration of this matter.
MOTION:
SECOND:
VOTE:
Com. Claudy to continue Application 5-GPA-89 to October 9, 1989 for
purposes of rescheduling said matter to a future hearing date.
Com. Sorensen
Passed 5-0
The public hearing on Application 5-GPA-89 remained open.
NEW BUSINESS:
Chr. Adams reported on upcoming civic functions described at the Mayor's Luncheon.
Following up on the proposed joint meeting with the City of Mountain View, he asked
Commissioner to suggest possible topics for discussion.
OLD BUSINESS:
None
REPORT OF THE PLANNING COMMISSION:
Com. Claudy expressed congratulations to Mr. Caughey upon his appointment as City
Planner.
REPORT OF THE PLANNING DIRECTOR:
-Written Report submitted.