PC 08-10-81
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, Ca.950l4
Telephone: (408) 252-4505
PC-362
PAGE 1
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
CALL TO ORDER/SALUTE TO THE FLAG
7:30 P.M.
ROLL CALL:
Present: Commissioner Mams
Commissioner Blaine
Commissioner Koenitzer
Chairman Claudy
Absent: Commissioner Binneweg
APPROVAL OF MINUTES
The Minutes of the Regular Adjourned Meeting of July 15, 1981 were
approved after the following correction:
Page 4A, third motion, "review" to be added at the end of the last
line.
MOTION:
SECOND:
VOTE:
AB SENT:
Com. Blaine, to accept the Minutes as corrected.
Com. Koenitzer
PASSED
Com. Binneweg.
4-0
The Minutes of the Regular Meeting of July 27, 1981 were approved.
MOTION:
,
SECOND:
VOTE:
ABSENT:
Com. Blaine, to accept the Minutes of July 27, 1981
as read.
Com. Adams
PASSED
Com. Binneweg.
4-0
I
?
,
POSTPONEMENTS/NEW AGENDA ITEMS
WRITTEN COMMUNICATIONS
Assistant Planning Director Cowan noted that a letter from Mr. Dempster,
attorney representing Lincoln Properties was in the Commissioners' packets
and also that a letter from Frederico and Carmen M. Ranches had been
received regarding annexation of Anne Lane, in the Rancho Rinconada
area, with which the Staff was not very familiar.
CHR. CLAUDY established that the Ranches' letter was for information pur-
poses only and that Mr. Dempster's letter would be considered during the
Public Hearing on Item #3.
ORAL. COMMUNICATIONS
PUBLIC HEARINGS
PC-362
PAGE 2
INuTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
ITEM #1, Application l7-Z-8l of CITY OF CUPERTINO (KAISER PROPERTY) :
ZONING approximately 505 gross acres from Al-43 (Agricultural Residential,
3,000 sq. ft. minimum lot size) zone and PREZONING approximately 12 gross
cres from Santa Clara County AI-lac (Agricultural and Residential 1 acres
inimum lot size) zone to City of Cupertino RHS (Residential Hillside Slope
ensity Formula) zone or whatever zone may be deemed appropriate by the
lanning Commission and ENVIRONMENTAL REVIEW: The Environmental Review
Committee recommends the granting of a Negative Declaration. The subject
roperty consists of undeveloped hillside areas located southeasterly of
the Kaiser Permanente Cement Plant located on Stevens Creek Boulevard
(Permanente Road) and northwesterly of Stevens Canyon Road beginning approxi-
ately 3,800 ft. (2/3 mile) north of Montebello Road. First Hearing.
entative City Council hearing date - September 8, 1981.
Assistant Planning Director Cowan covered the Staff Report, explaining
that the map on the board covered the areas of the City being proposed
for zoning changes to comply with the General Plan.
he first property he described as unique, in that it Was outside the urban
service area and had been inadvertently forgotten when the program had
been begun. However, the present General Plan designation was a County
one, and as all the land outside the urban service area was to be master-
planned to the County plan for the area, the Montebello Ridge Plan had
been adopted here, involving long-term open space use to preserve the
watershed lands and green backdrop to the City. He pointed out that there
was a reference to residential uses, in that the County or City might allow
it at a rate of 1 unit per 10 acres, roughly, but that the current City
zoning was Al.43. or 1 dwelling for every acre, so that there was an
inconsistency. Staff recommendation was that the land be rezoned to an
RHS* zoning District, he advised, so that there would be a direct relation-
ship betwen the zoning and the General Plan.
CHR. CLAUDY, establishing that the area did not include the quarry or the
Kaiser cement plant site, ~sIJ"d nn the Kaiser repr"'''1:Jtotl'''' te-comment
-- -. ------..~_.__._----_._,-_._-_._.__..__.._---
~. ~
Mr. Don Henning, representing Kaiser Cement, confirmed that Kaiser had no
plans for the property, and said they looked on the land as a buffer
between the City and plant operations. However, they had not received notice
until Thursday and therefore had not developed a position. He asked that
more time be given for Kaiser Cement to study the proposal, and said that
a period of 90 days would be appreciated.
Assistant Pl~nning Director Cowan stated that Staff had met on July 29th
with Mr. Thomas Legan,a Manager at Kaiser Cement who had got the legal
notice, and briefly described the action. He had done the same with
Mr. Tom. O'Donnell, attorney for Kaiser, on Thursday. He did not know
what a delay would accomplish at this point, he said.
COM.BLAINE wondered if the Heátirig could be postponed to give Kaiser some
time to make a study.
COM. CLAUDY noted that the implication from Kaiser's viewpoint was that
if they wanted to build houses, they would be able to build fewer under
the proposed zoning, but pointed out that it would be unrealistic to
expect that they could build as many houses as theoretically allowed
under the present zoning.
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
PC-362
PAGE 3
COM. ADAMS suggested that the Commission could recommend that the Item~
not be on the City Council Agenda until October or November.
Mr. Henning thought it would be very helpful if it could be delayed until
the first meeting in October.
Mrs. Vida Voss, owner of the quarry in the area, stated that this was one
of the last environmentally unspoiled areas of Cupertino, and that nothing
had been built there since 1917, since it was not good residential property.
The County Park was in the area, she said, and the Mid-Peninsula Park
District owned land there, and her family had designed their quarry operatio s
so that when they ceased the quarry business their land could go for park
land. In conclusion, she said that she did want any prezoning of any kind,
but wanted the area to be preserved.
CHR. CLADDY explained that the property was already zoned residential, and
that probably no-one present wanted it developed, but to change it to an
open space zone would probably necessitate the City buying the land.
Mrs. Voss listed some of the indigenous things that would be lost if any
development took place, and. felt that some kind of open space zoning would
be appropr.iate.
Mr. Alf Modine, Cupertino wanted to know what effect the prezoning of the
land would have on the County taxes, since the use of the land would be
changed.
The Commission established that the value would not change until the land
was either sold or something was built on it.
COM. ADAMS emphasized that the land was already zoned residential, and that
it was just being brought into conformance.
COM. KOENITZER added that the existing zoning would be changed to be more
restrictive, to match the County Montebello Ridge Plan.
Assistant Planning Director Cowan wanted to make a Staff Report correction,
as basically there were two categories of open space, one c.!I.l1ed "long
term" and the other "permanent". The majority of the property on the. board
would be classified as "permanent", he felt, though there was little
distinction between the two, and the"permanent" classification was designed
primarily for County and Park Districts to acquire those lands. However,
he advised that both specified an average density of no more than 1 unit
per 10 acres;
lIe reported that the County had reminded Associate Plánner Piasecki their
General Plan had been changed in Nove~ber of last year, and that it was
now much more restrictive than the Montebello Ridge Plan, and he suggested
that while going through General Plan changes in the future, the Commission
might review the County plan and maybe adopt it.
The consensus of the Commission was that they should act tonight but
request that the matter not go before City Council until October, when
Kaiser would have an opportunity to provide input. They felt it was
desirable to bring the zoning into conformance Idth the General Plan.
PC-362
PAGE 4
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
MOTION:
SECOND:
VOTE:
ABSENT:
MOTION:
SECOND:
VOTE:
ABSENT:
MOTION:
SECOND:
VOTE:
ABSENT:
Com. ~oenitzert to close Public Hearings.
Com. Bl aine
PASSED
Com. Binneweg
4-0
Com. Adams, to accept the Negative Declaration of the
Environmental Review Committee.
Com. Blaine
PASSED
Com. Binneweg
4-0
Com. Adams, for approval of Application l7-Z-8l, as per Staff
Report and findings set forth therein, with the proviso that the
Hearing before the City Council be at their first meeting in
October, i.e., October 5th.
Com. Koenitzer
PASSED 4-0
Com. Binneweg
ITEM #2, Application l8-Z-8l of CITY OF CUPERTINO (UPLAND WAY AND STELLING/
RAINBOW): PREZONING a total of 3~ gross acres as described below:
1. 22 acres from Santa Clara County AI-lO (Agricultural Residential, 10,000
sq. ft. minimum lot size) zone; AI-lac (Agricultural Residential, 1 acre
minimum lot size) zone; RHS (Residential Hillside Slope Density Formula) zone
to City of Cupertino RHS (Residential Hillside Slope Density Formula) zone
or whatever zone may be deemed appropriate by the Planning Commission.
The propèrty is located on Upland Way southwesterly of Bubb Road and Rainbow Drive.
2. 1.7 acres from Santa Clara County A (E~clusive Agricultural) zone to
City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. m1n1mum
lot size) zone or whatever zone may be deemed appropriate by the Planning
Commission. The proPerty is lòcated on the north side of Rainbow Drive
appro~imately 200 ft. westerly at the Southern Pacific Railroad right of way.
----.._--~--
---- ---- -----
3. 6.7 acres from Santa Clara County A (E~clusive Agricultural) zone to
City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum
lot size) zone or whatever zone may be deemed appropriate by the Planning
Commission. The property is located westerly of Stelling Road north
and south of Rainbow Drive and westerly of Stelling Road to the Southern
Pacific Railroad right of way beginning appro~imately 100 ft. southerly
at Oak Meadow Court. First Hearing.
ENVIRONMENTAL ·REVIEW:
granting of a Negative
Tentative City Council
The Environmental Review Committee recommends
Declaration for the above 30 * gross acres.
hearing date - September 8, 1981.
the
Associate Planner Piasecki e~plained that there were really two parts to
the Application, with the westerlymost portion along Upland Way being
suggested for prezoning to the RHS district and the balance to Rl-6.
Starting with the Upland Way property of 22 acres, he sdvised that the
present County zoning was 1 acre minimum on the relatively flat parcels
and County RHS on the southerlymost portion of the site.
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
PC-362
PAGE 5
COM. BLAINE questioned the zoning on some portions north of Rainbow Drive.
Associate Planner Piasecki explained that they had the Rl-B.6 designation,
a San Jose designation since adopted by Cupertino.
CHR. CLAUDY established with Staff that the areas were essentially being
zoned to conform with the surrounding City of Cupertino zones, and
'wondered to what extent the areas existed in developed form.
Associate Planner Piasecki demonstrated existing developments by exhibiting
some aerial photographs.In regard to the Upland Way area, he said there
would be potential for further subdivision under the City RHS designation,
but that this had not been fully evaluated, and there was a suspected
fault trace there. He showed General Plan material in regard to the
Upland Way area and the Rainbow/Stelling area, and advised that the latter
was in a 1-5 unit per acre category, though therewere some larger lots in
the neighborhood, they were sporadic, he said, the great predominance being
the Rl-6 designation. Referring to the 1.72 acre site west of the railroad
tracks and north of Rainbow, recommended to be Rl-6, he indicated on the
map the properties in the neighborhood that were larger than 7,500 sq. ft.,
to show that the overwhelming zoning was Rl-6. He advised that the proper-
ties south of Rainbow, between the railroad tracks and Stelling Road were
also in this category.
He mentioned the Foothill Modified Formula General Plan designation for
the Seven Springs property, which meant there would be a lower density
on the other side of the railroad tracks, and which would also tend to
establish a neighborhood character, and advised that the Commission could
select a different zoning if they felt it appropriate, as the advertisement
had been flexible.
Mr. Paul Sonnenblick, Upland Way, asked if the southernmost triangle of
land abutting Stelling Road, 'which be believed to be under the Williamson
Act, had any bearing on the zoning.
City Attorney Killian advised that any zoning put on the property would be
an underlying one, and that this type of prezoning should not be
viewed as prejudicing ultimately the City Council decision of whether or
not it would take a particular property out of the Williamson Act.
Mr. Sonnenblick pointed out a slight error, that his parcel had been
broken down into two lots, and this was not indicated on the map. He also
wanted an example of how many houses could be built on a particular lot
under the RHS zone.
CHR. CLADDY explained that each lot had to be evaluated on its size and
slope, and would also require a survey. He suggested that a very flat
piece might yield 2 units per acre and a steep piece might require 1-5
acres for 1 unit, but advised that there was no definitive answer.
Mr. Sonnenblick was confused on the matter of whether the area was zoned
RHS' or Ah43
PC-362
PAGE 6
INUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
CHR. CLAUDY explained that there were two parts, with the lower part being
zoned Al with a 1 acre minimum.
r. Sonnenblick wondered whether the RHS formulas for the County were similar
to those of the City.
ssistant Planning Director Cowan advised that they were not identical.
r. Sonnenblick established that the prezoning was based on the fact that
alculations would be done when required, and that it was generally left
p to the pJ;operty ')wner to convince the City that he had enough land to
ubdivide.
OM. BLAINE added that by putting this type of zoning on the hillsides
ensity could be controlled more so than if everything was zoned for 2
nits per acre, as lots were so variable and slopes so different.
n McElroy, 1358 S. Stelling Road, pointed out that the maps were in error,
. s just south of where she lived, the original 8/10 acre lot had been divided
into 4 lots. She went on to relate that in January, 1979 the rains had
flooded Stelling Road and water had entered the yard and basement of her
ouse, this being a direct result of building in the hillsides during the
20 years that she had lived there. She asked that if the Commission changed
the zoning they make arrangements to handle the heavy rains, and also the
raffic on Stelling, which was bad and dangerous.
HR. CLAUDY observed that the Commission wa~ also very concerned about the
raffic, and inquired whether she was addressing the Seven Springs Ranch
issue, which was not on the Agenda.
s. McElroy said that she was, and apologized for being out of order, but
oted that the paragraph at the bottom of l8-Z-8l seemed to refer to Seven Springs.
r. Art Rouser, 21065 Rainbow Drive, had no objection to the prezoning, but
ondered whether it would set annexing in motion.
HR. CLAUDY advised that there would be no activity until Seven Springs Ranch
as annexed, unless initiated by the neighborhood.
Com. Blaine, to close the Public Hearing.
Com. Adams
PASSED
Com. Binneweg.
4-0
OM. ELAINE felt that as far as area B was concerned,
in conformance with the area, and that in the case of
ecommended as adequate, as the only choice was 6,000
o that 6,000 sq. ft. was acceptable.
the Rl-6 zoning was
àrea A, the zoning
or 7,500 sq. ft.,
OM; KOENITZER felt the neighborhood would be unhappy if all the lots were
xactly 6,000 sq. ft., but thought it would be satisfactory as a minimum.
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
MOTI ON :
Com. Blaine, to recommend the Negative Declaration of
the Environmental Review Committee.
Com. Adams
PASSED
PC-362
PAGE 7
SECOND:
VOTE:
4-0
MOTION:
SECOND:
'VOTE:
Com. Blaine, to recommend approval of Application l8-Z-8l.
Com. Adams
PASSED 4-0
ABSENT: Com. Binneweg
UNFINISHED BUSINESS
NEW BUSINESS
ITEM #3, Lincoln Properties: Request for Amendment of General Plan Land
Use Element for 7 acres located within Town Center.
Assistant Planning Director Cowan recapitulated, that last April~'
Lincoln Prperties had requested a Zoning and Use Permit approval for
an office development on 7 acres within Town Center and had been
sent to Town Council with a recommendation from the Planning Commission
for a change in zoning to allow greater flexibility, but with the
recommendation also that the Use Permit be denied because of the location
of the initial phase of development.
CHR. CLAUDY clarified that the Commission had been recommending denial
of an application to construct on the east side of Torre extended
a development that would USe the entire set of trip ends for the whole
parcel.
Assistant Planning Commissioner Cowan continued that Mr. Boone of Lincoln
Properties was concerned about the lack of direction,and he and Staff both
felt that the 1973 General Plan might not be valid any longer. However,
the City Council, when approached on the matter, had advised returning to
the Planning Commission to discover whether they would be in favor of
evaluating General Plan changes in Town Center, outside of the context
of the overall General Plan Hearings, he reported.
He gave Staff's position, that it would not be prejudicial for the
Commission to review a change involving the entire 50 acres of Town
Center north, but not such a small segment, and recommended that a
Public Hearing be scheduled for the area between Rodrigues and Stevens
Creek. He advised that the economic study was progressing, as was
traffic work, and that a consultant would be hired to check Staff's traffic
work, So that Some good data would soon be available. He felt that the
General Plan amendment for Town Center might even be heard in tandem with
information for the overall General Plan,
CHR. CLAUDY was under the impression that a General Plan Hearing had
already been scheduled.
PC-362
PAGE 8
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
Assistant Planning Director Cowan advised that there was a fairly
comprehensive Amendment scheduled for the first of the year, involving a
Housing Element change and also updating the traffic base.
COM ADAMS wanted to know how long the computerized traffic control system
had been in operation.
Assistant Planning Director Cowan replied that Staff was unhappy
with the performance of the machine.
COM. ADAMS commented that without the system functioning he had doubts
about the validity of the traffic study, and wondered whether they
should not wait until January.
Assistant Planning Director Cowan advised that as far as Staff was
concerned the traffic study was finished, but that the Goals Committee
had convinced the City Council to hire a consultant to test its validity,
and he had not yet been hired.
COM. BLAINE wondered if the economic consultant to look into office versus
industrial had been hired, and also if he was looking into the effects on
housing and the inter-relationship between office and housing, jobs and
housing, etc.
Assistant Planning Director Cowan stated that he had been hired, and
surmised that all· the information mentioned would be ready by October.
He suggested that if the Commission was unhappy with the information at
that time, they could continue for another month.
COM. BLAINE was unhappy with scheduling a General Plan Hearing without
complete information, as Town Center was extremely important to the City.
COM. KOENITZER agreed with her, and said that whilst a change of some
kind was needed, without a traffic study he would not know what to change
to. He also noted that if Town Center density was increased, Vallco Park
also wanted an increase, and felt such a small piece could not be handled
individually.
CHR. CLAUDY was uneasy about the traffic and economic surveys, and felt
they were in a "chicken and egg" situation with them. He said that he
had hoped the situation would have been resolved by this time and wanted
to hold the Hearing as rapidly as possible, but felt it would be remiss
to schedule a Hearing not knowing when the information would be available.
He noted that Lincoln Properties had purchased with full knowledge of the
zoning, and the fact that they would have to take their chances.
Assistant Planning Director Cowan felt there was room for interpretation
in the existing General Plan, and that it might be quite possible to
build 50,000 sq. ft. of office space in the Town Center without prejudicing
the whole development, if they did not take it literally.
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
PC-362
PAGE 9
COM. BLAINE thought that some flexibility was to be left in Town Center,
so thàt all the owners could be satisfied, but noted that if that was
unworkable the Commission would have to come up with definite allocations,
which she would not want to do until all the information was available.
COM. KOENITZER stated that there was already a problem, in that Mayco
Investments, who had requested to develop 14 acres residentially, were now
considering mixing in some commercial or office space, so that this 14
acres had to be taken into consideration also. He observed that the
coverage on the entire 50 acre parcel, if Lincoln Properties request was
granted, might double, and that Vallco Park would want to be treated
equally, so that he did not know what the implications would be.
COM. BLAINE thought the Commission would be wasting their time if they
tried to divide up the 250,000 sq. ft. of office space now, since they had
to go through the General Plan amendment in any case, and she wanted
to do it with the total input, so that it could be decided whether the
amount of such space could be increased or not.
CHR. CLADDY felt they would have to put too many restrictions on any
rezoning they could do at the present tïme.
Hr. Burch Boone of Lincoln Properties agreed that they had 'bought the
property with the full knowledge of the zoning, but reminded the Commissio
that the timetable for completion of the General Plan had been November,
1979. They had held off as long as possible, but had finally gone ahead
to file an application for 130,000 sq. ft. of office. They had been told
this exceeded the maximum, so they had submitted plans for one 80,000
sq. ft. building only, and had then learned that 80,000 sq. ft. exceeded
their share. Therefore, they had modified their building to 50,000 sq.
ft. on the east side of Torre, but had been told it had to go on the
west of Torret as the east side of Torre would be too mixed. However,
since this would be using up 'space where a larger building could be acco-
modated,they were now seeking an interpretation of the General Plan.
The City Council had said that the General Plan was to provide that
everybody in Town Center was to be treated equally, but in their case,
this would just result in a hodge-podge of commercial, office and
residential, he explained.
He said that he had expressed a wish to City Council to be treated on the
same basis that other people in Cupertino for the past decade had been,
i.e., on a trip count basis, with no bonuses, just 16 trip ends, and felt
they could develop something economically viable within the traffic
constraints; as office did not use trip ends at an exhorbitant rate, as
did commercial.
He observed that there was something unique and emotional about requiring
complete cooperation between parcel owners in Town Center, especially
since some of the owners did not have pressures and might never develop.
He suggested that the Commission might look at Lincoln's 7 acres, and
decide whether the proposed development might be consistent with future
development and whether it would relate to the east and west sides and
establish a patte~ of quality development.
PC-362
PAGE 10
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
CHR. CLAUDY reminded Mr. Boone that trip ends were arrived at on the basis
of traffic and the square footage and type of space to be allowed. A trip
end constraint had been placed on N. De Anza properties, and to now apply
the constraint to Town Center might well destroy the level of service aimed
at. He surmised, by way of explanation, that 8 trip enda might have to
be applied to the balance of the area to arrive at a satisfactory traffic
level if such an application was made. He was moving away from protecting
Town Center, he said, and was almost willing to say that traffic and economics
would determine development there.
Mr. Boone pointed out that there was a slight bonus allowed if Town
Center developed with 150,000 sq. ft. of commercial space, but 500,000 sq.
ft. could be developed under an office designation, because commercial
required a very high trip count, so that the numbers were 250,000 sq. ft.
of office and· commercial mixed.
Assistant Planning Director Cowan confirmed that a bonus had been given
for commercial development in Town Center in 1973.
Alf Modine, Cupertino, commented that Lincoln Properties had been back and
forth between the Planning Commission and the City Council, and felt that
if the Commission would set a tentative goal for a Public Hearing they might
get the information they required. He observed that on theG6ârs Committee,
they had found the projected traffic peaks for 1980 had never arrived, and
maybe with current trends the 1990 projected peaks would not either.
He pointed out to the Commission that the City Council had not been clear
on the difference between commercial and office space, and had asked
Councilman Gatto, as a former member of the Planning Commission, to set
up some parameters and definitions.
Assistant Planning Director Cowan confirmed that City Council had had real
difficulties with such a definition, and felt this was also open to
interpretation in the General Plan.
COM. BLAINE asked him if Councilman Gatto's definition had been accepted.
Assistant Planning Director Cowan replied that .the Council had not taken
a stance on any particular definition, and went on to say that there was
also a question of the allocation of space, as the Gener~l Plan did not
cover that issue either. He advised that May Investment Company would be
submitting an application in the near future for a zoning change to allow
commercial or .office development on their Stevens Creek frontage, which
Staff favored.
COM. KOENITZER was troubled that this would mean reverting to 5,000 sq. ft.
of developable space per acre for the entire 50 acres.
Mr. Boone, as a point of clarification, said that City Council had been
very clear that 250,000 sq. ft. only applied to 25 acres, and advised
that the Council had ~one into great detail on the issues, with Council-
man Gatto addressing each of them. He stated that Lincoln Properties
had received an endorsement from the Councilmembers that had become a part
of the public record.
MINUTES, AUGUST 10, 1981 PLANNING COMMISSION MEETING
PC-362
PAGE 11
Assistant Planning Director Cowan, recalling that there had been
such a discussion, explained that Councilman ~atto had been using the
wrong trip end number, and.stated that the original model in 1973 was
25 acres commercial and the balance of the property at 10 units per acre
residential, though this had increased in 1979 with the assumption that
all owners would get together.
.COM. BLAINE remembered from previous Hearings that the commercial and
office section had been tied down to the west side of Torre, but not that
the acreage had been tied down to 25 acres.
COM. KOENITZER thought this number had been specified in the 1973 Hearing
CHR, CLAUDY wanted to focus on the issue of Mr. Boone's request; whether
to initiate a Hearing to consider changing the General Plan or the
designation of Lincoln Properties'particular 7 acres , independent of the
balance of Town Center and whether to approach it from a trip end angle,
or whether to hold off on the entire Town Center issue until such time
as the whole General Plan was reconsidered.
COM. ADAMS wondered if the General Plan's interpretation for Town Center
Was taken literally would the trip end constraint be applicable to all
of it or part of it, as he had been under the impression that the trip
end constraint applied to Town Center.
Assistant Planning Director Cowan explained that the General Plan was
quite specific in regard to N. De Anza Boulevard and Stevens Creek
Boulevard east of De Anza Boulevard at 16 trip ends per acre, but that it
did not mention a specific constraint for Town Center, though there was
an implicit trip standard. However, backing it out, he advi$ed, it came
to 25 trip ends per acre, and that had been used by the traffic consultant.
CHR. CLAUDY observed that us~ng this factor would produce 25,000 sq. ft.
of office space. per acre.
COM. KOENITZER, commenting on such a density, said that although the
projected peak traffic had not been reached, the traffic peak was spread
out, and there had to be a limit of how far it could be spread
Mr. Boone pointed out that they would be within the trip ends, and were
even willing to give up all trip end bonuses if they were allowed to elimi ate
commercial.
COM. BLAINE saw his suggestion as involving allocations to the owners, and
did not know· if the Commission wanted to do it.
CHR. CLAUDY thought that what was needed was a unified plan from all the
owners.
COM. BLAINE suggested that if the Commission specifically zoned the
different pieces of Town Center the owners mi~ht· get together to dö someth ng.
COM. KOENITZER mentioned that if 16 trip ends per acre were allocated to
the entire parcel for office space, it would turn out to be a tremendous
amount of development. He did not think that Cupertino could stand it
economically or otherwise.
PC-362
PAGE 12
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
Mr. Boone noted that Commissioner Binneweg had previously suggested
there were too many alternatives in Town Center, and he noted that the
use could oscillate with the shifting market. He felt that Lincoln
Properites could help the situation, as it was in the position to proceed
with a reasonable office development, and he did not know if the rest of
the owners were ready or willing to do this.
CHR. CLAUDY advised him that the Commission would oppose the 16 trip end
constraint on the entire property, as it gave a potential for 800,000
sq. ft. of office space, or about 200,000 sq. ft. of commercial at 4
trip ends per thousand.
Mr. Boone pointed out that other developers were continuing to operate
under the trip end constraint, and that development was continuing to
take place.
COM. BLAINE agreed that other large office buildings were in process
and felt that perhaps these should be held up until the Commission
examined the economic consultant's report, as everybody wanted "to build
office apace, and some of the land was commercially zoned.
CHR. CLAUDY thought that another option was to let the market place
dictate what should go in, as developers could not put in office space
if the market was flooded with it, and the first to come in would get
the office and the others would have to wait. In the meantime, the
market might change, he felt.
COM. BLAINE had watched the market place over-extend itself in apartments,
etc., and mentioned that other things to be considered were the needs and
character of the City, which she did not want the marketplace to decide.
Mr. Boone reminded the Commission that the economics would still be there,
and that there was a market for office and residential right now, though
he thought residential might have been overbuilt. He felt that there
had to be a legal boundary where an owner's land could not be held until
it could be developed in the way officially desired, if it was demonstrated
that an alternate use would work.
CHR. CLAUDY at this point proposed that the Commission should ask Staff to
give at the next Meeting the best information available of when they might
expect a traffic consultant to be hired and complete a report, when the
economic consultant could be expected to complete his report, and when
Staff would be ready to have a Public Hearing to make some recommendations
and have a formal review of Town Center.
He felt the Commission could not act without good information, but also
felt embarrassed that the situation had dragged on for a year after it had
been anticipated it would be resolved.
COM. KOENITZER added that it was þis feeling they could not look at anything
without looking at the whole core area, because what happened at Town Center
would affect Vallco Industrial Pl¡lrk, and vice versa. He also wanted to
send a Minute Order to City Council thlit Planning Staff devote their time
as much as possible to the General Plan work to get the Hearings started.
MINUTES, AUGUST 10, 1981 REGULAR PLANNING COMMISSION MEETING
PC-362
PAGE 13
Assistant Plimning Commissioner Cowan said that this would necessitate
a moratorium, since when applications were filed, Staff had to respond.
COM. BLAINE requested that Staff work on a definition of commercial and
office.
'It was understood between the Commission and Staff that in two weeks
Staff should give a status report of when the entire General Plan could
be finished and all the steps to complete it, so that the Commission
could make a decision on when to have the Hearings. The Commission also
needed all the traffic information available.
REPORT OF THE PLANNING COMMISSION
COM. KOENITZER reported that some progress had been made on the tank house
Further, he had received some calls from residents of Mann Drive concernin
the parking lot for the new office building there, since it would
necessitate a 3 ft. concrete wall on one side of a narrow st~¡'<it'. :' "
Assistant Planning Director Cowan advised that the condition would prevail
for some time, as the property owner of the surplus gas station to the
east was not willing to sell or co-develop to make the entrance from
Stevens Creek wider. He thought that if the condition prevailed; the
project might have to be condemned.
COM. BLAINE wanted to know if there was any color approval from the
Architectural and Site Control Committee for the office building at
Mann and Adriana Drives, as it was presently rather a bright and variable
yellow.
Assistant Planning Director Cowan said that Staff would check on it.
COM. BLAINE also wondered what was happening at the corner of Foothill
Boulevard and Stevens Creek, on the east side.
Assistant 'Planning Director Cowan advised that the owner was planning to
go ahead with development.
CHR. CLAUDY reported on the Mayor's lunch, that they had mostly talked
about things the Commission would be doing, and that he had avoided
discussion of the revocation hearings because of legal requirements.
He reported that the Library wanted increased funds for Sunday openings,
that Public Safety wanted rules for smoke detectors, that the Parks
and Recreaüion Commission was unhappy about procedures on the Manta Vista
Park site, and that the Goals Committee, as previously mentioned, was
hiring a traffic consultant.
REPORT OF THE PLANNING DIRECTOR