PC 11-09-81
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014-3255
Telephone: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION
HELD ON NOVEMBER 9, 1981 IN THE COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
Chairperson Claudy called the meeting to order in the Council Chamber of
City Hall at 7:35 p.m.
SALUTE TO THE FLAG
ROLL CALL
Commissioners Present: Adams, Binneweg, Blaine, Koenitzer (7:40 p.m.),
Claudy
Staff Present:
Director of Planning and Development Sisk
City Clerk Cornelius
Director of Public Works Viskovich
Assis.tant Planning Director Cowan
City Attorney Kilian
Associate Planner Piasecki
APPROVAL OF MINUTES:
and passed with Corn.
approve the minutes
It was moved by Com. Adams, seconded by Com. Blaine
Claudy abstaining and Com. Koenitzer absent to
of the October 26, 1981 meeting as submitted.
POSTPONEMENTS OR NEW AGENDA ITEMS:
C. Reed - Withdrawal from calendar
ITEM #11 - Application 20-U-8l
per applicant's request.
of Dirk
ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
2. Applications 23-Z-8l, 2l-U-8l and l8-TM-8l of Clifford C. Beck:
Rezoning approximately one gross acre from San Jose R2 (Two Family
Residence District) zone to the City of Cupertino P (Planned Develop-
ment 10-20 dwelling units per gross acre intent) zone or whatever
zone may be deemed appropriate by the Planning Commission; Use Permit
to construct 14 residential dwelling units; Tentative Map to sub-
divide the property into 14 airspace condominium units on one common
area parcel and Environmental Review: The Environmental Review Com-
mittee recommends the granting of a Negative Declaration. The subject
property is located on the west side of Saratoga-Sunnyvale Road approx
imately 700 ft. south of Wildflower Way (Behind the Galaxy Lighting
retail facility). First Hearing continued. Tentative City Council
hearing date - December 7, 1981.
It was moved by Com. Blaine, seconded by Com. Binneweg and passed with
Com. Koenitzer absent to continue these applications to the meeting of
December 14, 1981.
PC-368
Page 1
October 26
minutes
approved
20-U-8l
withdrawn
from calendar
23-Z-8l, 2l-U-
81 and l8-TM-
81 continued
PC".368
¡ ,2
MINUTES OF THE NOVEMBER 9, 1981 PLANNING COMMISSION MEETING
WRITTEN COMMUNICATIONS
Communications received will be presented under the appropriate agenda
items.
(City Clerk's Note: Com. Koenitzer arrived at 7:40 p.m.)
PUBLIC HEARINGS (continued)
1. Application 26-Z-8l of City of Cupertino: Rezoning approximately
20 gross acres from various San Jose zoning districts (noted
on table below) to the City of Cupertino P (Planned Development
with commercial and/or residential 5-15 dwelling units per gross
acre intent) zone or whatever zone may be deemed appropriate by
the Planning Commission and Environmental Review: The Environ-
mental Review Committee recommends the granting of a Negative
Declaration. The subject property is generally located on the
west side of Saratoga-Sunnyvale Road between Rainbow Drive and
Prospect Road. First Hearing continued. Tentative City Council
hearing date - December 7, 1981.
Existing Zones
Cl (Commercial
District)
R2 (Two family
Residence
District)
Cl (Commercial
District)
Rl (Single-
family Resi-
dence)
Existing San Jose Zones and Locations
Locations
Gross Acres
Northwest Quadrant of Saratoga-
Sunnyvale Road and Prospect Road.
3.5
West of Saratoga-Sunnyvale Road
beginning approximately 300 ft.
north of Prospect Road to a point
approximately 1,000 ft. north of
Prospect Road (between the Coach
House Shopping Center and Minton
Lumber) .
6.0
West side of Saratoga-Sunnyvale Road
from approximately 500 ft. north of
Wildflower Way to 750 ft. south of
Wildflower Way.
10.0
South side of Wildflower Way
approximately 250 ft. easterly
of Poppy Way.
.5
Associate Planner Piasecki reviewed the application with members of
the Planning Commission. He stated that the sewer capacity calcula-
tions pertaining to the proposed planned development will conform
with the Cupertino Sanitary District requirements.
Mr. Michael Pollack, 1670 Newhall Street, Santa Clara, stated that
he had met with Mr. Chadwick who represented the homeowners in the
area, and had informed him of plans for a three story building.
He submitted a drawing of said building.
MINUTES OF THE NOVEMBER 9, 1981 PLANNING COMMISSION MEETING
PC-368
Page 3
Mr. Albert K. Ruffo, attorney representing Mr. Pollack, pointed out the
Pollack's property line. He inqiuired as to the proposed median divider
and whether or not a part of it would be in San Jose.
Mr. Clifford Beck, property owner, stated that he would prefer to go
commercial if his plans were the only residential plans for the area.
Mr. Marv Kirkeby asked if the General Plan allows for twenty, why was a
density of 10-15 dwelling units per acre being discussed.
Chairperson Claudy read a letter received from Mr. Chadwick into the
record. He also read a letter signed by residents of Plum and Jamestown.
Donna Feichtmann, resident of Wildflower Way, asked why her property had
been removed from planned development.
Chairperson Claudy informed her that she could go to Councilor come back
with a specific plan for consideration.
Mr. Alf Modine, 10385 Prune Tree Lane, asked if it is usual procedure for
the Planning Department to specifically say where a building is to be
located.
Planning Commissioners expressed the following concerns: Vagueness of
residential area location, integration problems if residential is in back
with the commercial in front, restriction of office buildings in areas
other than Town Center, the proposed three story building, and high
density.
Concerns of
Commission
Com. Binneweg suggested that the proposed median strip would benefit the
entire City and therefore funds should be taken from the General Fund.
She also stated reservations concerning the construction of a three
story building. She opposed residential development in the area.
Chairperson Claudy also expressed opposition to residential in this area
and stated that buildings in the back would have noise problems similar
to those at McClellan Square and Orchard Valley Market Place centers.
He recommended that buildings be constructed close to the front of the
parcels with parking towards the back. He opposed a three story building
being constructed and spoke in favor of median strip and landscaping.
He expressed favor for a suburban atmosphere such as Town and Country
Village.
Com. Blaine stated her agreement with Chairperson Claudy and spoke in
favor of medians, and if there were any residential, it all should be
residential.
Mr. Ruffo representing Mr. Pollack stated that the Pollacks had met with
staff and had purchased additional property in order to feel that they
could build the proposed commercial building. The Pollacks believe
that a smaller building is not a viable option.
Mr. Vaughn Patterson, 1614 Jamestown Drive, representing the neighborhood,
stated a preference for commercial or professional buildings with land-
scaping and not a "hodgepodge" of residential/commercial.
PC-368
P 4
Staff to revise
report
Puhlic hearing
fa 6-Z-8l
continued
33-U-79
withdrawn
Public hearing
closed
MINUTES OF THE NOVEMBER 9, 1981 PLANNING COMMISSION MEETING
Mr. Angelo Leber, business associate of Mr. Pollack, stated that the
Four Phase Building on De Anza Boulevard appeared low key because of
the design even though it is a four story structure. In contrast,
the building across the street from the DoNut Wheel, àlthough only two
stories, appears quite large.
Mr. Michael Pollack stated that everyone does seem to want commercial,
and requested that he be able to design the project and work with the
residents of the area.
Mr. Marv Kirkeby expressed favor for the median and landscaping, but
was opposed to only two property owners being responsible for paying
for it.
The Commissioners requested that staff revise the report to include
their comments. They also expressed opposition to a mixed use including
residential and stated a preference for professional service type
offices or industry headquarters offices on a small scale. They also
expressed preference for a two story building not to exceed thirty
feet on Mr. Pollack's property with building location up to the
developer but no parking in the front of the lots. The Commission
expressed approval of the proposed median strip (Binneweg dissenting)
and for landscaping along the front of the parcels.
It was moved by Com. Adams, seconded by Com. Koenitzer and passed
unanimously to continue the public hearing to the regular meeting of
November 23, 1981.
Mr. Leber requested a copy of the staff report prior to the meeting.
3. Application 33-U-79 of Gregg C. Bunker (Photo Drive-Up): Initiation
by the City of Cupertino to consider the revocation of the Use
Permit 33-U-79 (allowing the operation of a drive-up window)
because of non-compliance with conditions of approval. Said
property is located at the northwest corner of Wildflower Way and
Saratoga-Sunnyvale Road in a C-l (commercial) zoning district.
Public hearing is closed.
It was moved by Com. Koenitzer, seconded by Com. Blaine and passed
unanimously to withdraw the application.
4. Application 2l-TM-8l of B & C Construction (Barre Barnes): Tentative
Map to subdivide approximately .34 acre into two parcels ranging
in size from 7,500 sq. ft. to 9,100 sq. ft. The subject property
is located on the northwest corner of Mello Place and Price Avenue
in an Rl-7.s (Residential Single-family, 7,500 sq. ft. minimum
lot size) zoning district. Environmental Review: The project
is categorically exempt, hence, no action is required. First
Hearing. Tentative City Council hearing date - November 16, 1981.
Director of Planning and Development Sisk reviewed the application
with the Commission.
It was moved by Com. Blaine, seconded by Com. Binneweg and passed
unanimously to close the public hearing.
MINUTES OF THE NOVEMBER 9, 1981 PLANNING COMMISSION MEETING
It was moved by Com. Blaine, seconded by Corn. Koenit~r and passed unan-
imously to recommend approval of Application 21-TM-81 per Res. 2257.
RECESS: 9:15-9:25 p.m.
(City Clerk's Note: Associate Planner Piasecki left the meeting at
9:15 p.m.)
5, 6 and 7. It was moved by Com. Koenitzer, seconded by Com. Blaine and
passed unanimously to take these items out of order at the end of the
meeting.
8. Application 23-TM-8l of Hoskins Engineers, Inc. (Caffada Development
Company): Tentative Map to subdivide approximately one acre into nine
residential townhouse lots and one lot to be held in common ownership
and Environmental Review: The project was previously assessed, hence,
no action is required. The subject property is located on the east
side of Blaney Avenue approximately 100 ft. north of Beekman Place in
a P (Planned Development with 5-10 dwelling units per gross acre
intent) zoning district. First Hearing. Tentative City Council
hearing date - November 16, 1981.
It was moved by Com. Adams, seconded by Com. Koenitzer and passed unan-
imously to close the public hearing.
It was moved by Com. Adams, seconded by Com. Koenitzer and passed unan-
imously to recommend approval of Application 23-TM-8l per Res. 2258.
9. Application 24-U-8l of Arndt Enterprises (Alice Siegrist): Use Per-
mit to operate a fast food spaghetti restaurant in an existing com-
merical center and Environmental Review: The Environmental Review
Committee recommends the granting of a Negative Declaration. Said
property is located on the northwest corner of De Anza Boulevard and
Rodrigues Avenue in a P (Planned Development with General Commercial
Intent) zone. First Hearing. Tentative City Council hearing date -
November 16, 1981.
Director of Planning and Development Sisk reviewed the application with
the Commission stating that the staff was requesting additional land-
scaping.
Mr. John Hartfield, Los Angeles, representing Arndt Enterprises, stated
that he felt the same effect could be achieved with five foot landscaping
depending on the type of foliage. He further stated that the requested
landscaping seemed exorbitant.
Mrs. Alice Siegrist, applicant, informed the Commission that people
were using her parking lot to get into shops in other areas since the
median had been installed. She asked if the shop remained vacant would
she have to put in the additional landscaping. She was informed she
would not.
It was moved by Com. Blaine, seconded by Com. Binneweg and passed unan-
imously to close the public hearing.
PC-368
Page 5
Approval of
21-TM-81
recommended
Public hearing
closed
Approval of
23-TM-8l
recommended
Pub 1 ic hearing
closed
r- 368
.i. -->e 6
Approval of
24-U-8l recom-
mended with
Condo 16
amended
Public hearing
closed
Approval of
5-V-8l recom-
mended
Negative Dec.
for 24-U-8l
MINUTES OF THE NOVEMBER 9, 1981 PLANNING COMMISSION MEETING
It was moved by Com. Blaine, seconded by Com. Adams and passed unan-
imously to recommend approval of the application with Condition No.
16 o~ Res'. 2259 a1l)ended to read as follows:
16. The applicant is required to install a landscape area equaling
a depth of approximately 15 ft. along De Anza Boulevard and
5 ft. along Rodrigues Avenue. The landscaping shall include
a slight earth berm and/or landscape materials which help to screen
the view of the parking area. The landscaping plan shall be
submitted to the Architectural and Site Approval Committee for
informal review and then back to the staff for final approval prior
to issuance of building permits for the proposed restaurant.
The landscaping shall be fully installed prior to final occu-
pancy granted to the restaurant.
10. Application s-V-8l of Nilda Argando~a: Variance from Section
8.3.2b of the Residential Single-family Zoning Ordinance to permit
a 12 ft. setback in lieu of a 20 ft. setback for a second story
element and Environmental Review: The project is categorically
exempt, hence no action is required. The subject property is
located on Mount Crest Drive approximately 120 ft. south of
Linda Vista Drive in a Rl-22 (Residential Single-family, 22,000
sq. ft. minimum lot size) zoning district. First Hearing.
Tentative City Council hearing date - November 16, 1981.
Assistant Planning Director Cowan reviewed the application with the
Connnission.
Mr. David Larsen, architect, informed the Commission that the proposed
house has been designed specifically for the lot.
It was moved by Com. Adams, seconded by Com. Blaine and passed unan-
imously to close the public hearing.
It was moved by Com. Adams, seconded by Com. Blaine and passed unan-
imously to recommend approval of Application s-V-8lper Res. 2260.
9. Application 24-U-8l of Arndt Enterprises (Alice Siegrist) (continued):
It was moved by Com. Blaine, seconded by Com. Koenitzer and passed
unanimously to recommend the granting of a Negative Declaration for
Application 24-U-8l.
s. Application l-GPA-8l of City of Cupertino: Public Hearing to
consider a General Plan Amendment involving the Town Center Planning
Area. The Town Center Planning Area is generally bounded by Stevens
Creek Boulevard, Blaney Avenue, Rodrigues Avenue and De Anza
Boulevard. Environmental Review: The Environmental Review Committee
recommends the granting of a Negative Declaration. First Hearing
continued. Tentative City Council hearing date - December 7, 1981.
6. Application 7-U-8l of Lincoln Property Company N.C. Inc.: Use
Permit to construct two office buildings equaling a total of 130,000
sq. ft. in a P (Planned Development with commercial/office and
MINUTES OF THE NOVEMBER 9, 1981 CITY COUNCIL MEETING
PC-368
Page 7
6. (continued)
residential, maximum 30 dwelling units per gross acre intent) zone
and Environmental Review: The Environmental Review Committee recom-
mends the granting of a Negative Declaration. The subject property
is located on the north side of Rodrigues Avenue from De Anza Boule-
vard to a point approximately 400 ft. easterly of Torre Avenue. First
Hearing continued. Tentative City Council hearing date - November 16,
1981.
7. Applications 27-Z-8l, 23-U-8l and 22-TM-8l of Town Center Properties,
Ltd.: Rezoning approximately 14 acres from P (Planned Development)
to P (Planned Development with commercial, office and residential, 15-
30 dwelling units per gross acre intent) zone or whatever zone may be
deemed appropriate by the Planning Commission; Use Permit to construct
366 residential condominium units and 28,000 sq. ft. of commercial/
office space; Tentative Map to subdivide 14 acres into 366 residential
condominium parcels, one common parcel, and one commercial/office
parcel and Environmental Review: The Environmental Review Committee
recommends the granting of a Negative Declaration. The subject
property is located between Stevens Creek Boulevard and Rodrigues
Avenue approximately 700 ft. west of South Blaney Avenue. First
Hearing. Tentative City Council hearing date - December 7, 1981.
Policy 1 - Role of Town Center Relative to the Creation of Civic Identity. Civic Identity
The Commission recommended that this particular item be deleted as the via
bility of a downtown no longer exists. It was suggested that a statement
could be made in Town Center via innovative architecture. Other sug-
gestions were inclusion of a post office and some uses in the evening
such as a theater or a restaurant.
Mr. Tom O'Donnell, attorney representing Cali Properties, inquired re-
garding sewer hookups, design element and a proposed timetable.
Policy 2 - How much flexibility should be provided to property owners?
Recommendations were for some residential, with solid guidelines. How-
ever, property owners could determine amongst themselves how much office
development they desired and where it would be located. There were ques-
tions regarding sewage capacity and the effect mixed use would have.
Flexibility
to property
owners
Com. Blaine stated that the ERC felt an entirely new EIR would not be
necessary, but items that needed to be readdressed would be traffic,
sewers, and community character.
Mr. Burch Boone, Lincoln Property Company, stated that studies could not
ignore property lines and the desires of property owners. He stated that
office buildings generate les.s traffic than such things as a post office.
Com. Adams stated that there was a consensus regarding the need for resi-
dential and requested that staff provide various scenarios.
Mr. Marty Hall, Town Center Development, informed the Commission that
tneir plans were mostly for residential, approximately 30 dwelling units
368
.I.. oe 8
Plan Integra-
tion
Design Guide-
lines
l-GPA-8l, 7-U-
81, 27-2-81,
23-U-8l and
22.JM-8l can-
t ,d
Proposed veter-
inary clinic
at Silver Oaks
West
Burglaries in
Cupertino
Condominium
conversion
Seven Springs
EIR
Ho, ~ng Element
approved by
state
MINUTES OF THE NOVEMBER 9, 1981 PLANNING COMMISSION MEETING
per acre, and that the only way the developers would get a higher
intensity would be to build upwards.
The Commission requested no change in this policy.
Policy 3. Plan Integration.
As property owners have been unable to work out an integrated plan,
the Commission recommended separate planning but a blending with
reciprocal easements, definite design guidelines and curb cut limits.
Policy 4. Design Guidelines,
The Commission stated agreement with the proposed concept.
Mr. Alf Modine requested that the Town Center development not be
"studied to death".
Mr. Burch Boone inquired as to the proposed trip ends.
It was moved by Com. Koenitzer, seconded by Com. Blaine and passed
unanimously to continue these items to their meeting of December 14,
1981.
UNFINISHED BUSINESS
Com. Blaine asked if the proposed veterinary clinic at the Silver Oaks
West commercial center was withdrawn because of the prohibition of
keeping animals overnight. Dr~ Brown, Cupertino Sanitary District
Board, suggested a meeting of the Planning Commission, City Council
and the Sanitary District to review the sewer capacity at 7:00 p.m.,
November 23, 1981.
REPORT OF PLANNING COMMISSION
Com. Blaine inquired as to a newspaper article regarding crime statistics.
She requested information regarding the percentage of burglaries in
Cupertino in commercial areas and the percentage of burglaries in
residential areas.
REPORT OF PLANNING DIRECTOR
Director of Planning and Development Sisk distributed a letter received
from the Valley Green Apartment owners which went to their tenants
regarding condominium conversion.
Mr. Sisk informed the Commission that the Seven Springs EIR was scheduled
for their next meeting. The Commission also scheduled a meeting to
discuss Seven Springs for Wednesday, December 9, 1981.
Mr. Sisk informed the Commission that the City had received a letter
from the state approving the Housing Element of the General Plan.