PC 05-22-89
. .
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Toøe Ave.
Cupertino, CA 9S014
(408) 2S2-4SOS
MINUTES OF REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON MAY 22, 1989
SALUTE TO THE FLAG:
ROLL CALL:
Commi~sioners Present: C1Iinnan Adams
Vu:e C1Iinnan Caudy
Conwni·ei~ ~"'~fte
Commissioaer Sorensen
Cnmmicüoner Szabo
Staff Present: Robert Cowan, Dim:ur of Planning and Development
Mark Caughey, Associaœ P1anner
Leslie Lopez. Deputy City Attorney
APPROVAL OF MINUTES:
MarION: Com. Oaudy moved to approve Minutes of the Regular Meeting of May 8,
1989, as presented.
SECOND: Com. Maclrenzie
VOIE: Passed, Com. Sorensen abstaining 4-0-1
POSTPONEMENTS OR NEW AGENDA ITEMS:
ITEM 1: .', Application 3oM-89, Mehdi N8derzId, Applicant requested a Continuance to the
. next available date; Mr. Cowan suggested the Item be beard June 26, 1989.
MarION: Com. Caudy moved to Continue AppJicaûoo 3oM-89 to JUDe 26, 1989.
SECOND: Com. Sorensen
VOIE: Passed .,., I 5-0
ITEM 2:
ITEM 3:
ITEM 5:
ITEM 6:
MarION:
SECOND:
VOIE:
Application 4- TM-89, l-Z-89 and 4-EA-89, Barbin Colley, App1icant.
ApplicatiOl1 8-U-89 aDd 9-EA-89, Mary F. Kunis, App1icant.
ApplicatiOl1 32-U-88, 11·Z-88, and 43-EA-88, De Anza Resitl~nriAI Properties.
Applicatioo 12-U-89 and 12-EA-89, Coit Comm, Applicant.
Com. Sarensen moved to Continue Items 2, 3, 5, aDd 6 to June 12, 1989.
Com. Caudy
Passed 5-0
.
WRITIEN COMMUNICATIONS:
- None.
PLANNING COMMISSION MINUTES
Regular Meeting of May 22, 1989
Page 2
PC - S71
ORAL COMMUNICATIONS:
- Nonc.
CONSENT CALENDAR:
- None.
PUBLIC HEARINGS:
ITEM 4:
Parcel Area (Acres):
6- TM-89 and 4-Z-89
Perrv &. Jones Devel~ment
Ron Jones and Charles Perrv Jr.
s~~d;, sid~ -¡;i Villa Maria Ct.. ~"¡matelv 600 ft.
west of Bubb Rd.
.l.1
Application No(s)
Applicant:
~operty Owner:
Location:
REZONING of 1.711 acres from Rl·10 (singlc family, residential 10,000 sq. ft. mini-
mum lot size) to RHS (Residential Hillside), on such other zonc u deemed ipp&....&iatc
by thc Planning Commission and City Council.
TENTATIVE MAP to subdividc a 1.7 acre parcel into four singlc family lots ranging
from 12,497 sq. ft. to 21,093 sq. ft.
CONTINUED FROM PLANNING COMMISSION MEETING OF MAY 8, 1989.
ENVIRONMENTAL DETERMINATION: Ncgative Declaration recommended (4-Z-89)
CATEGORICALLY EXEMPT (6- TM-89)
TENTATIVE CITY COUNcn. HEARING DATE: June 19,1989 (4-Z-89)
PLANNING COMMISSION ACTION FINAL UNLESS APPEALED (6- TM-89)
Staff Presentation: Mr. Cowan revicwed thc Application and presented thc ori¡inal Tenta-
tive Map (Exhibit A) and a revised Tentative Map (Exhibit A Modified) which showed a
slight shift in the location of thc P&~ lines. The Tentative Map wu revicwed by thc
Applicant's geologist u wen u thc 'ty's Geologist. Mr. William Cotton.
He cited thc Cnmorate &. C..om~¡a1 Servic"c. Inc.. Pmfessio~ !~ CJlT'e Renort and
asked that 6- TM-89, Condition 14 Tree Retrntion be modified to paoteCt specific trees.
Com. Sorcuen noted that Lot 4 wu densely covered with treeS and questioned whether
thc area would be graded. Mr. Cowan respoDded that ~ treeS would be preserved.
but the shrubbery would be removed; however, thc Planning Director had thc discretion to
require thc introduction of additional trees u an erosion conuol measure. · '
Com. Claudy uked whcther then: wen: viablc building pads within thc required setbacks;
he noted thc projected cost of these houses and did not wish to see variances at a later date.
Mr. Cowan thought that viablc buüding pads cxisted.
--.
PLANNING COMMISSION MINUTES
Regular Meeting of May 22. 1989
Page 3
pc. 571
PUBLIC HEARINGS Continued
Applicant's Presentation: Mr. Ron Jones had nothing to add to the Staff Repon..except to
confirm that sufficient area existed to construct custom homes on these lots; the question
had been carefully researched with their engineers and architects. The Redwood Tree (No.
10) was of concern since it was in the building area of Lot 4 and posed a problem if the
abandonment of a limited amount of right-of-way at the inrersection of Rainbow Drive and
Villa Maria Ct. was not obtained; Applicants wished to preserve this tree if possible.
Com. Sorensen cited the Comorate &: Commercial Services. Inc._ Concludin, Remarks
that due ·to the shallow root structure of some trees, special p.......dures for the demolition
would have to be utilized. Mr. Jones responded that an arborist would probably have to
supervise this opcntion; he cited his ~ containing this rec:o-.... ..:wf-tlon.
f::" :. ',I
In response to CIr. Adams' question, Mr. Jones confirmed that they would not object to a
Condition requiring them to notify the Planning ~JIIb~t and have an arborist on-site.
In response to Com. MlCkenzie, Mr. Cowan agreed that approvinf both the original Ten-
tative Map (Exbibit A) and a revised Tenwive Map (Exbibit A ~A«i) would be prudenL
The Public Hearing was then opened.
Mr. David Benjamin, Represenâng Rainbow End Homeowner's Association, appreciated
the efforts of Staff and the Commi-sion 10 assure a quality development at this location.
M0'I10N: Com. Szabo moved to close the Public Hearing.
SECOND: Com. Oaudy
V<7Œ: Passed
5-0
Com. Claudy felt the Applicant's proposal was reasonable. _
Mr. Cowan asked the Model Resolution for 6- TM-89, Condition 8 Dnin~ be modified 10
show that the V -ditch on Lot 4 wu to be shifted in order 10 preserve the Tree (No.5),
whether the abandonment requested was obtained.
~. Oaudy stated that which he wished 10 preserve the Oak Tree, he did not wish to see
a situation where a VariaDce was required to insure preservation of the tree. Com. Szabo
suggested that such be subject 10 the discretion of the Planning Db....b and if I.'eCe!sary, to
be reviewed by the Plalming Coamission.
Com. SorenIm ulœd thIt Condition 14 Tree Retentinn be .""""<Ied 10 add a paragraph to
require that the Applicant a¡rees to notify the Planning Dep8atwçut prior 10 demolition and
to have an arborist on-site 10 supervise this operation.
M0'I10N:
SECOND:
VOlE:
Com. Sorensen moved 10 approve the Negative Declaration.
Com. Claudy ,
Passed
5-0
,",",': :
PLANNING COMMISSION MINUTES
Regular Meeting of May 22, 1989
Page 4
PC - 571
PUBLIC HEARINGS Continued
MOTION:
SECOND:
V01E:
MOTION:
. ,
.,
Com. Sorensen moved 10 recommend approval of Appücation 4-Z-89 subject
to conclusions and subconc1usions of the Staff Report and this Hearing per
the Model Resolution.
Com. Oaudy
Passed '. -, S-O
Com. Oaudy moved to approve Appücation 6- TM-89 subject 10 conclusions
and subconclusions of the Staff Repon and this Hearing per the Model Resol-
ution, Conditions 1-7; Condition 8 mn<Iifled 10 read that "the V-ditch on Lot 4
wiD be shifted to the west and northa as nec-..~.. to ensure the preservation
of the ~men Oak Tree and not interfere with its root SIrl1cture. Conditions
9-12; ndition 13 modified to read, The recommendation of approval is
based ~n Exhibit A M::~ of Appü~~on 6- TM-89, ;~~ ~l~
Council ~npoved the L.._~nt Of a limIted Amnnnt ~.__ª-_ _
intersection of Rainbow Dr. and Villa Maria Ct.. was obtained: if the Ci(y
Council does not abandon a portion of Rainbow Dr.. then .~al is
continent upon. Exhibit A.. oresented at the P1~nin. r.nmnn~cion "~"'¡n,.
Condition 14 modified to Idd "that the trees indica"'" on ¡;:"hibit A win be
preserved: if the develQJ)Cl' feels that ~ one of the ....... cannot be retained.
~r:~r: ~~:l;:e~~~r~~: ;.s~=: =li~e~~~
the Plannin, Df:partment mOl' to d.........lidon and uransre to have an arborist
on-site to stmel'VÍle the v1Ul..edmett. Condidons"l5-20.
Com. Sorensen
Passed S-O
SECOND:
VarE:
ITEM 7:
Appücation No(s)
Appücant:
F'ìU.I"'ìty Owner:
Location:
2-EXC-89
I.A. Arden
J. Rosenthal
Private drivewl\vs adioininsr the nonherty terminus of
Lindv Ln.
Exception from Section 16.28.040 to allow a fence and gate structure in excess of 3
feet in height within a front yard setback area.
FIRST HEARINO:
ENVIRONMENTAL DETERMINATION: Calegoricllly E."en'1't
Staff Presentation: Mr. Caughey reviewed the Appücation.
Annücant's Presentation: Mr. Arden, Appücant, had nothing to Idd to the Staff Report. In
response to Chr. Adams' question, he stated he had no objection to Condition 2, ~
Heil!húSethadc Limitation.
]be Public Hearing was then opened. There were no speakers.
--..
r'
PLANNING COMMISSION MINUTES
Regular Meeting of May 22, 1989
Page 5
PC - 571 .
.,.
PUBUC HEARINGS Continued
MOTION: Com. Qaudy moved to close the Public Hearing.
SECOND: Com. Sorensen
VOTE: Passed
5-0
Com. Sorensen and Mackenzie felt the exception requested was a safety measure.
Com. Claudy stated he would abstain on this Item since he objected to gated communities.
MOTION:
Com. Sorensen moved to approve Application 2-EXC-89 subject to conclu-
sions and subconclusions of the Staff Report and this Hearing per the Model
Resolution
Com. Szabo
Passed, Com. Claudy abstaining 4-0-1
SECOND:
VOTE:
ITEM 8:
Application No(s)
Applicant:
Location:
3.GPA-89 and 13.EA-89
City of Cqpertino
Northeast comer of Finch Ave. and Stevens Creek Blvd.
Public hearing to consider a General Plan amendment to designate the Convention!
Conference Center for the proposed Marriott Hotel as a Quasi-Public facility for the
benefit of the community.
FIRST HEARING
ENVIRONMENTAL DETERMINATION: Negative Declaration Recommended
TENTATIVE CITY COUNCIL HEARING DATE: June 5, 1989
Chr. Adams read into the record a letter addressed to the Chair of the Planning Commission
Re: Agenda Item No.8 from Ms. Lopez, Deputy City Attorney, dated May 19, 1989.
"As you may know, a closed session was held at the Planning Commission meet·
ing of Monday, May 8tb. The City Attorney's office, on the understanding that
details of lease negotiations were to be discussed, a4vised that the closed session
was proper. However, many of the details regarding negotiations were not ad·
dressed. In retrospect, the discussion should have been held during the open
session.
In the spirit of the Brown Act, the Commission wishes to clarify the events of May
8th. Thus, the substance of the closed session is addressed in the Plan~~ng
Department memorandum submitted with respect to this agenda item."
Staff Presentation: Mr. Cowan reviewed the Application.
The Public Hearing was then opened.
,
· ,.,
PLANNING COMMISSION MINUTES
Regular Meeting of May 22, 1989
Page 6
PC - 571
PUBUC HEARINGS Continued
Mr. Paul Brophy, 10144 So. Blaney Ave., Cupertino, commented as follows:
- Stated he was upset at what he saw as the beginning of a process wherein City Staff
asked citizens to commit themselves to using tax dollars to subsidize a private hotel
- Asked the Planning Commission to stop the process and declare that there w~ ,nP pl,(þlic
purpose to building meeting rooms at the Marriott Hotel
- Under the City Plan and Zoning Ordinance, no action was required for the Marriott
Corporation to build meeting centers or banquet facilities under the approved permits
Approval of this request was synonymous to claiming that building meeting halls and
banquet facilities was a public purpose, and not a private purpose
- Cited the example of San Jose and their subsidization hotel and convention facilities
- If Marriott Hotel thought the project was a good investment, they would construct it
Mr. David Wheeler, President of the Chamber of Commerce, commented as follows:
- The Chamber of Commerce supported a full-service hotel with conference center
Such would provide additional revenue for the City and a valuable and needed facility for
the community at large as well as the private business sector
- Major corporations in the City favored having a local ,hotel ~or the C9nvenience afforded
- Asked that the full service hotel be considered, rathetlhan'lÌ suites hotel
- They did not object to a partnership of the City with Marriott Corporation in an effort to
do whatever was necessary to bring the hotel to the City, so long as fISCal restraint and
long range planning were incorporated into the process
Questioned whether a subsidy was the proper term
Chr. Adams questioned whether a requirement could be placed on this Application, if
approved, to ensure that utilization of the taxes were from the facility, and not the public.
Ms. Lopez responded that such was not proper at this stage of consideration; there was no
specific developer or specific site; such discussions would occur later in the negotiations.
Com. Claudy cited Exhibit A of 3-GPA-89, Convention Center DesiiDation and questioned
the wording "lease and/or operate" in the final paragraph; the intent of this action was to
foster and to encourage development in the City.
Com. Mackenzie suggested the final paragraph be amended to read, "The City may enter
into a relationship with .. JI hoteVconvention center developer to III" lølller SpIRIt. tII.
Q8IHøF en(X)urAi~ such a center" .
Mr. Brophy reiterated concerns about a designation of a hoteVconvention center as a quasi
public use; he cited the fundamental differences between private business and public uses.
MOTION:
SECOND:
VOTE:
Com. Claudy moved to close the Public Hearing.
Com. Sorensen
Passed
5-0
Com. Claudy commented that use of the term "quasi public" in the agenda was ill advised;
Exhibit A did not use such a term. He agreed with comments that San Jose's experience
sybsidizing private ventures was less than successful; he was very concerned about public
lnoney being used to subsidize a hotel; very careful consideration of such was required.
PlANNING COMMISSION MINUTES
Regular Meeting of May 22, 1989
Page 7
PC - 571
PUBLIC HEARINGS Continued
Chr. Adams also had concerns about seeing City tax dollars used to subsidize private ven-
tures; on the other hand, the City needed to ensure revenue and maintain a planned growth
for the benefit of citizens and the community. The City could not cut off all commercial po-
tential; to do so would be to make the City a bedroom community wherein taxes would
have to be substantially raised to support the necessary services. In the past, the City had
achieved a reasonable balance between commercial, business, research and residential uses;
in addition, hoteVconvention facilities had already~n, approved. and ~e wished to
encourage the development of such.
Com. Mackenzie favored 3-GPA-89. While Mr. Brophy's argument was cogent, he did
not agree with Mr. Wheeler's recommendation to do whatever was required.to secure de-
velopment of a hoteVconvention center. Subsidizing private ventures was not an un-
common practice in some cities and such a facilìty would increase the quality of life for all
residents. Concessions had already been made to obtain a convention center; if a suites
hotel were developed, rather than the full service hoteVconvention center anticipated, it
would be considered a new application without any of the concessions already granted.
Com. Sorensen agreed with the above and favored the revised wording for Exhibit A
Com. Szabo commented that he had some reservations about subsidizing a hoteVcon-
vention center; however, if the Application were 'not approved, no further consideration
and/or negotiations could be held. The Japanese government had subsidized the develop-
ment of the semiconductor industry; now the subsidy was repaid many times over.
MOTION:
SECOND:
VOTE:
MOTION:
Com. Claudy moved to grant a Negative Declaration.
Com. Sorensen
Passed
5-0
SECOND:
VOTE:
Com. Mackenzie moved to approve a Resolution recommending Amendment
of the Land Use Community Character Element of the Comprehensive Gen-
eral Plan, modifying Exhibit A to read in part, "The City may enter into a rela-
tionship with ¡ hoteVconvention center developer to encoura¡e such a center" .
Com. Sorensen
Passed 5-0
NEW BUSINESS:
ITEM 9: Update report on Draft #2, County Hazardous Waste Ma~agentent Plan and
Draft EIR.
Staff Presentation: Mr. Caughey reviewed the report, presented a graphic ?utlini~ the
"Tanner Permit PrnrI'CC" and discussed Table 6-1, Santa Clara County Pr01ected eeds
Accpccment for Cnmmercial HA7J1rdOUS Waste Treatment Disposal Capacity. Year 2000
(tons(year): questions of the Commission were answered.
PLANNING COMMISSION MINUTES
Regular Meeting of May 22, 1989
Page 8
PC - 571
NEW BUSINESS Continued
MOTION:
Com. Sorensen moved to approve a Resolution recommending to the City
Council that a Finding of Consistency with the General Plan be made for the
Draft County Hazardous Waste Management Plan and Sitting Map.
Com. Mackenzie
Passed 5-0
SECOND:
VOTE:
OLD BUSINESS:
- None
REPORT OF THE PLANNING COMMISSION:
Chr. Adams reported on the recent Mayor's Luncheon
REPORT OF THE PLANNING DIRECTOR:
- Written Report submitted; Mr. Cowan suggested a date be set for the Joint Meeting
with the Parks and Recreation/Planning Commission.
~
Consensus reached that the Meeting be held June 21, 1989,7:30 P.M.
DISCUSSION OF NEWSPAPER CLIPPINGS:
- None
ADJOURNMENT: Having concluded business, the Planning Commission adjourned at
9:35 P.M. to the next Regular Meeting of June 12, 1989, at 7:30
~~ .. ..
Approved by the Planning mission
At the Re lar Meeting of June 12,1989
Attest:
~