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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.