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PC 07-13-81 CITY OF CUPERTINO, STATE OF ,CALIFORNIA 10300 Torre Avenue, Cupertino, Ca. 95014 Telephone: (408) 252-4505 PC-360 Page 1 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING CALL TO OFDER/SALUTE TO THE ,FLAG 7:30 P.M. ROLL CALL: Present': Commissioner Adams Commissioner Binneweg Commissioner Blaine Commissioner Koenitzer Chairman Claudy APPROVAL OF MINUTES The Minutes of the Regular Adjourned Meeting of June 10, 1981 were approved after the following corrections: Page 4A, final p'aragraph, second line, the words "as in the Staff Report" to be inserted after IIConditions 15,16,17,18". Page SA, fifth paragraph, second line, "Morgan Annexation Procedure" to read: "MORGA Annexation Procedurelt. Page 8A, seventh paragraph t,o be substituted with: "COM. ADAMS felt the Commission had the guidBlines necessary to assess this application. He saw this as a commercial "installation and said he would be in favor of it." Page lOA, first paragraph, fifth line "vehicles outside the storage shall be defined as unattended overnight parking." to read: "vehicles, "outside storage", shall be defined as unattended, overnight parking.". Page lOA, first paragraph, tenth line "directly a neighborhood commercial use, but is in keeping with Policy 2,11 to read: "directly a neighborhood cotml.ercial use. It is :i,.n keeping with Policy 2,". A notatiõnto be added that Com. Koenitzer arrived at 7:35 p.m. and Com. Adams at 8:00 p.m.& typographic~l error on p.s (3,2000' to read 3,2 Osq.ft)noted. MOTI ON : Com. Adams, that the Minutes of June 10 be accepted as corrected. Com. Binneweg PASSED 5-0 SECOND: VOTE: The Minutes of th~ Regular Meeting of June 22, 1981 were approved. MOTION: SECOND: VOTE: Com. Koenitzer, to accept the Minutes of June 22 as submitted. Com. Binneweg PASSED 5-0 PC-360 Page 2 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING POSTPONEMENcS/NEW AGENDA ITEMS Assistant Planning Director Cowan reported that the applicants for Items 2 and 9 wanted them withdrawn from the Agenda. He mentioned that in the Tandem Computers application there was enough lattitude in the Conditions of Approval to enable Planning Director Sisk to make minor changes with- out a Use Permit review, and Staff suggested that the matter be withdrawn. CHR. CLAUDY commented that as the application had been withdrawn at the applicant's request he had ·ndt read the material. He inquired if the public had wished to speak on Items 2 or 9, but there was no response. SECOND: VOTE: Com. Koenitzer, that Item #2, Applications l2-U-8l and 9-TM-8l of 1st FINANCIAL AND GUARANTY be withdrawn from the calendar. Com. Adams P~SW 5~ MOTION: WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS PUBLIC HEARINGS: ITEM #1, Applications 8-Z-8l and 27-U-80 of MARIANI GROUP OF COMPANIES: REZONING approximately .5 gross acre from P (Planned Development with Residential Single-family, Cluster Intent) zone to P (Planned Develop- ment with residential, 20-35 dwelling units per gross acre intent) zone or whatever zone may be deemed appropriate by the Planning Commission; USE PERMIT to construct approximately s33condominium units within a 19± acre P (Planned Development with residential, 20-35 dwelling units per gross acre intent) zone; and ENVIROW1ENTAL REVIEW: A Draft Environmental Impact Report has been prepared. The subject property is located on the southeast quadrant of the in~ersection of Homestead Road and De Anza Boule- vard. First Hearing continued. Tentative City Council hearing date - August 17, 1981. Assistant Planning Director Cowan, reviewing the Staff Report, explained that the zoning request for the 1/2 acre involved surplus right of way on Blue Jay Drive to be rezoned to Planned Development. He explained that at the last Meeting regarding this item, the impact of the gross development on the community had been reviewed, and that issues had been narrowed down to four, i.e., traffic in general, recreation space, noise abatement and security' in parking garages. On the traffic issue,-he said that in the Conditions of Approval, improvemen~s had been listed which should be required of the applicant. The E.I.R.* described some long-term needs, which Staff ·felt could not be imposed on the applicant, however, so that the applicant had been asked to make short term improvements beyond the typical ones required. He referred to the concern of Northpoint residents of the possibility of tr~ffic driving through Northpoint to Blaney and mentioned that a letter had been received from the Property Manager of Northpoint on the subject. He advised that the applicant had prepared a plan in that regard,providing acute angles and loops and making it difficult for Mariani r~sidents to use Northpoint roads, which Staff felt was good. * ¡::;'. T. P, -- J7T1HirnT'lTT'lf"''1t.,1 T"..,· -t p, f_ ,,"I MINUTES, JULY 13, 1981 REGULILR PLANNING COMMISSION MEETING PC-360 PAGE 3 In regard to the recreation space, which had been redesigned a free play area and also incarporated some deck area around it had been moved to the sout~ern area, and Staff was of the because of smaller household ~izes, that it was adequate. to provide- the pool, opinion, Covering noise abatement, he said he did not have the expertise to evaluate the building material's proposed, but had called on an architect who had worked with Staff on a regular basis to help. He noted that the City standard for noise ïnvolved a 24 hour average, and that a . considerable increase was needed, for example, from 2,000 to 20,000 cars, for a discernable noise impact over this period. On the subject of secetity in parking garages, he advised that Mr. Martin, representing the applicant, ,could give more information if necessary and also that the Sheriff had said with proper lighting and exiting there would be no particular problem. COM. KOENITZER wondered if Blue Jay Drive could be made into three lanes northbound at its junction ~ith Homestead so that right turn traffic could exit easily if the traffic was backed up, thereby alleviating the problem of the use of Northpoint back ·roads. This would also accommodate a left turn la e. Assistant Planning Director Cowan said there was plenty of space to do this, and maybe even to provide four lanes. COM. KOENITZER wanted Condition B, involving eastbound and northbound right turn lanes to the De An~a/Homstead intersection. explained. Assistant Planning Director Cowan described a double left, eastbound lane on Homestaed, turning north on De Anza Boulevard, which was presently a single left, and another westbound lane on Homestead turning south on De Anza Boulevard, situated where the Texaco station was presently; these improvements to be imposed on 'the developer. COM. KOENITZER asked Planning Director Sisk if anything of historical interest had been found. Planning Director Sisk had not explored the matter. COM. KOENITZER wondered whether the discrepancy in parking spaces had been corrected. Assistant Planning Director Cowan suggested addressing the applicant, but referred ·to the Staff Report, where the parking ratio had been lowered to 2.17 spaces per household, ,based on evidence gleaned from the Town Center project that it would ~ork, especially with one-bedroom units. COM ADAMS needed' convincing that a left turn out of the Homstead entrance should be approved on a trial basis, as was proposed in Condition 17. Public Works Director Viskovich said it was a IIgrey areal! and he had been convinced that it should be tried out of peak hour, though he personally felt it was too close to the intersection, and also that it might present an enforcement problem. COM. BLAINE wanted to know what would justify closure. PC-360 Page 4 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING Public Works Director Viskovich answered that any kind of congestion O~ impedence would, and that the developer would be responsible for five years or so to pay for the ~losure. Mr. Ralph Martin, representing the Mariani Group addressed the parking question, saying that there were four tandem parking spaces in each garage, which he had missed at the last Meeting. CHR. CLAUDY inquired whether "tandem" meant "landlocked" and also where the spaces would occur in the 'new plan. Mr. Martin replied that they would be landlocked, but that it was a way to get additional parking. He advised that they ~ould be situated in the northeast and southwest corners, where the lie" shaped clusters fitted together. He drew attention to drawings .3A and 3B which addressed the Blue Jay drive entry, and noted that 3A gave a much longer street and put the east/west entry further into the property, therefore increasing the storage capacity of the entry portion of the street, so that congestion would not be as readily projected onto Homestead Road. It also gave the best geometric configuration to discourage short cuts through Northpoínt, he said. He felt 3B was dangerous, in that with the shallow angles people could easily drive. the wrong way, and it also lacked the increased storage advantage of 3A, so that 3A was the best solution. He mentioned that they had tried to complement the Northpoint architec- tural character for continuity, with a combination of stucco, wood and concrete tile roof, which he pointed out on the Site Plan lA. On the subject of security, they had tried to ensure that all entries were observable, he said, and'in the matter of parking garages, there would be a card key security system in operation, to make it impossible for casual entry. He advised also that on-site security was intended to be implemented to supplement the mechanical means, and that garages would be extremely well lighted with no dead-end corridors. Regarding sound ~ttenuation, he referred to a document he had, which was the culmirtåtion of a seminar on the subject and which he felt was the best synthesis of techniques for sound attenuation in projects of this nature in the City. He offered to have the document copied for the Commissioners. He addressed the relocation of the recreation center, saying they felt it was important for the center to play a role in the entry experience and that they still wanted patt of it to line up with the Home~tead entry. They were entirely willing to go dlong with the experimental basis of that entry, he advised, and felt that with synchronization of lights and adjustments in traffic patterns, etc., conditions would not worsen. COM. BINNEWEG commented favor~blY on Plan 3A and felt it was an improvement traffic-wise. MINUTES, JULY 13, 1981 FEGULAR PLANNING COMMISSION MEETING PC-360 Page 5 COM. BLAINE wondered whether'it could be seen from outside if someone was in a garage that should not be, and whether sounds would be carried out of the garage, which could be accomplished if the wall was not solid to ground level. Mr. Martin ~ssured her tha~ it was their intention to have open windows for security and ventilation purposes. Though berming and walls would prevent visual intrusion from the sidewalk, it was possible to see in~ he said. COM. BLAINE' observed that this also meant sounds would come out, and said her se;curity concerns were alleviated. On the question of noise, she noted that high pitched noises were more uncomfortable than low pitched ones, and wondered if readings in this regard had been taken for the E.I.R.*. as this could be important when deciding which noise attenuation meaSUres were to· be used. Mr. Martin said that attention would be paid to this matter and commented that fortunately, this was not an industrial area where high pitched noises were more likely, and that the fundamental problem here was the freeway roar. COM. BLAINE added that the squeal of brakes was a high frequency noise and again asked if any readings had been taken. Assistant Planning Director Cowan felt the E.I.R.* consultant would knm, but as most of the E.I.R.* concerns had been addressed, he was not at the Meeting. He advised that pag~ 27 of the E.I.R.* addressed noise, and that the consultant had taken readings. COM. KOENITZER pointed out that the readings had been based on the A scale, which meant there was: no indication as to pitch. COM. BLAINE felt that frequency readings had to be done at this site because of the freeway, De Anza Boulevard and Homestead Road. Assistant Planning Director Cowan commented that Staff had felt it to be typical roadt.¡ay noise, as! opposed, for instance to the Stonebridge application, when a much more detailed noise study had been made, because of Kaiser trucks. COM. BLAINE pointed out that there were units very near the freeway off-ramp, ~nd some near the Bomstead and De Anza corner, which would experíencehraking sounds, and they were a different frequency than traffic going by on the freeway. She felt additional attenuation measures could be discussed when talking about the Conditions. COM. ADAMS asked Mr. Martin whether he had been in receipt of Northpoin letters of July 9th and June 16th and whether he had any comments. Mr. Martin confirmed that he was, and felt that drawings 3A and 3B addressed the concerns in the June 16th letter to make a safer traffic condition. .'. .. 1 P COM. ADAMS referred to Northridge Drive, paralleling the freeway, and said that having taken it once because of an accident, he would not do it again. He felt that the intersection proposed in 3A was best. r".. i ,- PC-360 Page 6 tITNUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING Mr. Martin went on the describe the July 9th letter, answering the four points raised by the Northpoint residents. No.1, .he said, concerned a 15 ft. setback, between all structures and the property line along North- ridge drivet t~ which there was no objection; No.2, going back to the matters depicted on maps 3A and'3B, said that Northpoint people preferred the entrance to be closer to Homestead, i.e., they preferred 3B, which, as explained, was not preferred by other parties; No.3 concerned the play area, which he felt was resolved; and No.4 concerned the traffic on Homestead, that a righthand turn pocket be provided for the Villas into their Homestead entrance, which could be done if necessary, but which he suspected was not needed. COM. ADAMS asked if Mr. Martin would object to not permitting a lefthand turn onto Homestead from the main entrance. Mr. Martin felt with synchronization the turn would work well, and therefore they would object, he said. COM. ADAMS established that Mr. Martin would agree to a Condition to extend the Homestead island across to prohibit the turn, if it became necessary. COM. KOENITZER felt that the solution to traffic in 3A was better for preventing people going through Northpoint, and also commented that it was not his feeling that traffi~ would improve,as solutions and alleviation were up to the State and not the City. CHR. CLAUDY's commented had been covered. Public Works Director Viskovich described two additional C_onditions, which had been inadvertently left ou~. The first was g. under Condition 16 to read: "Westbound right turn lane to be installed if right of way permits, to be decided ·at the time of final improvement plans being completed." He explained that this was the right turn lane alluded to in the E.I.R.* and that it had been worded this "ay because it was not yet known if there was sufficient right of way. The other Condition was the City relinquishing Blue Jay to the two homeowners associations and that on completion of improvements and alignments, Blue Jay be abandoned to them with the City maintaining the intersection signal (16 h.). COM. BLAINE established that the maintenance of the road would become the homeowners' responsibility. CHR. CLAUDY observed that th~ matter involved converting this one street to the condition of the rest in Northpoint, which were private. COM. BLAINE established that the Northpoint Homeowners Association had not been approached. Public Works Director Viskovich thought that Northpoint residents would want joint control and utilization, which would not be the case if the street was relinquished totallý to the Mariani homeot~ers association. MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING PC-360 Page 7 Griffith C. Murray, 20277 Nothbrook Square, said he had opposed the density on the site at the Zaring Hearings and one June 8th had opposed it again. There had been no objection on the part of Northpoint residents when 400 units had been discussed with the developers, but 'the figure of 533 was opposed, and he did not know when it had been arrived at. He disagreed with the Commission comment that there was not a better location for high density because there were a lot of related problems which were being discussed tonight. He wondered where else in Cupertino a similar density had been planned, as he could not find such a place. COM. BLAINE advised him that Town Center was of a similar density. Mr. Murray questioned the reduction of density on property that had previously been zoned high density, and felt this property was receiving preferential treatment. He noted Staff's comments that there would be no further impact from the traffic generated, but had heard questions from the Commission relative to traffic problems and wondered what 3,700 more trips would do. He felt that all underground parking presented safety problems, and not only to women, and did not believe the card entry would stop a criminal. He quoted several paragraphs ,from the E.I.R.* regarding density and height that he felt were inconsistent, and felt that a lower density development ,would be more in :keeping with the existing neighborhood character of two-storey buildings. He noted that residents of Northpoint felt frustrated in trying to tell the Commiss~on how they felt~ and since this Meeting was final, he wanted to be supplied with answers to his points. CHR. CLAUDY firstly explained that the final decision would not be taken at the Meeting and that residents could go to the City Council Meeting on August 17th where it would be, that the Mariani property was not gett ng preferential treatment, as various properties had been zoned various ways in the Zoning and Density Hearings,and that owners did not determine the use and density. He explained that the jobs/housing imbalance came irto decisions, and this was an 'opportunity to develop a significant number of homes and contribute to a better balance. The questions raised on the part of the Commission, he said, were an effort to make the development as good as possible, and further assured that the C~mmission listened 'to citizens' views, which had an impact. Mr. Ed Bakewell, 20233 Northcove Square, in examining the scope and functions of the Commission l¡ad found that they should "develop such specific plans as may be necessary and desirable" and in his opinion it was not necessary or desirable to exit all traffic from the Mariani project onto Blue Jay, creating a major threat to human life in emergencies occurring during peak hour. His opinion that the City had no regard for the welfare of anyone in Northpoint was illustrated by Mr. Viskovich's remark that if Northpoint did not want Blue Jay, Mariani could have it, he said. * E. I. R. - Environmental Impact Report. PC-360 Page 8 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING Mr. Tom Cate, 1105 Elmsford Drive, representing the West Cupertino Homeowners Association, said they were concerned with overall traffic in Cupertlno, and that it was obvious just looking at tonight's Agenda that jobs and housing would never balance out. Because of traffic impact, which was related to density, they were 'in support of the Northpoint residents. Mr. Bob Stowold, 10143 Miner Place, said that he went to Northpoint on occasions to oversee his property there, and that parking was impossible, since residents had more than two cars, so that they spilled out onto Blue Jay, etc., and onto driveways. He felt that at the Mariani site also, it could be a problem. He also felt that three-storey units next to two-storey units were not compatible. CHR. CLAUDY answered that there wuld be no three-storey units next to Northpoint, and that he did not anticipate parking problems, since parking spaces would not be enclosed,:and problems of parking in driveways and on the streets seemed to happen because garage space was used for other things, which would not be possible in this case. Mr. John Mulqueeney, 10880 Northpoint Way,Property Manager for Northpoint Homeowners Association, repre$enting the Board of Directors, said their first preference was for the;rnajor entrance to Mariani to be from Homestead, but if not, plan 3A would be acceptable with the provision of a detailed engineering drawing to show the interface between Blue Jay Drive, North- hurst Square and Northbrook Square, so that Northpoint residents could enter and exit as they always had. He advised that "subject to further detailed engineering drawings that will be worked out between the Northpoint and Mariani people" would be acceptable wording. On the abandonment of Blue Jay, he commented that it appeared to be an attempt on the part of the ~ity to have others maintain a City street, but wanted the opportunity to address the board of directors on the matter, so that they could come to a decision. He commented that when the As~ociation learned that people were not parking in their garages, they did try to take action. CHR. CLAUDY established that Mr. Martin had no objection to Mr. Mulqueency's proposed wording in regard to;the engineering drawing. Steven Hayes, 22681 San Juan Road, felt that in the future it would be more difficult to get the State involved traffic-wise, and that the number of units would add to problems. He had also understood that the minimum selling price would be $103,000, and since there were few individuals who could afford: even $103,000 the development would remain exclusive and would not address the problem, with units being sold to speculators, rather than owner-o~cupiers. He said that with half the units Cupertino would be addressing the housing problem, with the possibility that units might be sold to people that were going to live in them. Further, he felt that tandem parking was a gamble i~ the matter of safe disaster evacuation. Ms. Margaret Barton, 10255 Mira Vista, though she believed that the Commission and Council noted the opinions of residents, observed that residents were continually expressing the same thing, i.e., their opposition to high density. She did not- think residents should have to be so concerned about the use of vacant land . which 'when developed might change the character of the area. MINUTES, JUlY 13, 1981 REGULAR PLANNING COMMISSION MEETING PC-360 Page 9 On the subject of jobs/housing imbalance, she wondered if housing had. to be supplied for a six-storey office building being constructed. She concluded that the pattern of Cupertino was being changed, and that the residents preferred what was already here. CHR. CLAUDY clarified that tije particular six-storey building mentioned was in San Jose, though one being proposed in Cupertino was on the Agend * Donald Sullivan, 20318 Northwest Square, wanted the aesthetics, the density and the limited access considered further, and did not think it was a good site for the project. Harry Loretz, 20318 Northsky·Square, was against the project, especially the density~ and supported prior speakers. Sharon Hanewacker, 10261 Pariett Place felt the high density was insane. Helen Sharp, 10855 Northpoint Way, felt the density was disgraceful. George Luvisi, 10899 Northshore, agreed. MOTION: SECOND: VOTE: Com. Blaine, to close the Public Hearing. Com. Adams PASSED 5-0 COM. KOENITZER advised the public that there had been extensive Hearings before the City Council in 1972 regarding the densities and uses for the flatlands and core area. The Council had changed some densities, he advised, and commented that it could happen here, and that any party against the recommendation t~night should go to the City Council. However, it had to be realized that if this project was turned down something else would have tO,be put there, and he did not feel this use would add to traffic more than others. He pointed out that this and other large parcels offered the best chance to increase Cupertino's housing stock. COM. ADAMS wanted the Condit tons to reflect elimination of the lefthand turn from the front (Homestead) entrance, making only a ,right turn in and right turn out possible. He appreciated Northpoint residents' objections, but felt that Blue Jay Drive was the best main entrance/exit to the total project, ~vith the optimum design being 3A. He went along with the additions to Condition 16, and wondered why the widening of the 280 overpass at De Anza was not also a part of this Condition. Public Works Director Viskovich, commenting on the last point, said that because of such unknown factors as the widening of 280, the City had decided that Mariani should contribute the whole amount for the Blue Jay signal" minus the amount of $10,000 contributed many years ago by Northpoint. This was comparable in cost the the bridge widening, which might never come. He advise~, however, that the widening of the left turn lane and the ramp were immediate, and that the contribution for these would remain. * See Item 4 PC-360 Page 10 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING COM. BLAINE established with COM. ADAMS that he wanted no left turn into the development, other than at Blue Jay, as to require it later might lead to difficulties. COM. BLAINE confirmed that she had noted and understood the public input, and realized the density changed the type of housing in Cupertino, but felt there had to be trade-offs, as land was expensive and more and cheaper housing was ,needed. She was :not concerned with lowering the parking ratios sinc~ there were no pr.ivate garages, and favored Plan 3A for Blue Jay. She agreed with COM. ADAMS that there should be a right turn in and out at Homestead only, a~ she did not want to see a problem later, and felt a left turn in across Homestead would be extremely dangerous. She said she preferred to leave the matter of making Blue Jay a private street at this time, to give 'the parties involved a chance to think about it, and suggested that Staff could bring it up at the City Council Meeting. She was concerned 'with noise, and wanted frequency readings taken at the sites next to the freeway offrarop and De Anza Boulevard. COM. BINNEWEG emphasized that the Commission agonized over density, but still felt that the area was a prime one for high density, in that it was ideally situated for a·mass transit system. She noted that the developer had worked with officers of the Northpoint Homeowners Association closely. CHR. CLAUDY stated that a tremendous amount of time had been spent considering the most appropriate places in the City for higher densities, and this was one such site. The projeat had been designed tominimize impact, he felt, with three entrances, good solutions to traffic problems, and two-storey buildings adjacent to Northpoint. He was in favor of closing tße Homeetead median,as it was better to resolve it now, though he had been inclined to try it, he said. He brought up the subject of TV antennas, as~he did not want to see these on every building, and also remarked that he was not enthusiastic about the tandem parking places, and wondered if they should be eliminated. COM. BLAINE felt tandem parking was only a problem if the spaces were not assigned to one household. Mr. Martin confirmed this and also advised that there would be a community TV antenna. There was a short dicussion on Conditions, and it was decided to strike 16 h., pertaining to Blue Jay becoming a private street , and to send a Minute Order to City Council instead. COM. BLAINE wondered about a Condition for noise frequencies. COM. ADAMS drew attention to Condition 24 on noise, in which it was stipulated that an acoustical consultant be retained to evaluate the detailed building plans, etc., and asked if COM. BLAINE wanted to add a sentence suggesting that a noise report should be refined prior to construction to provide for definitive frequency levels and dB ratings at the exiting points measured previously. MINUTES, JQLY 13, 1981 REGULAR PLANNING COMMISSLON MEETING PC-360 PAGE 11 CHR. CLAUD'i did' not want to 'get involved with attenuating specific sounds to specific levels, and observed that there was a State mandated requirement. Assistant Planning Director Cowan said that he was not an expert and would not know what were desirable frequencies, and would have a problem as there were no City standards at this point. COM. BLAINE suggested that more information on noise and frequencies be gathered, so that standard·s could be developed in time for the next high density development, as it was too late for this one. COM. ADAMS suggested the State report on sound given a few months ago might be worth perusing. Assistant Planning Director Cowan suggested Staff could be given more lattitude in Condition 24 t~ work with the acoustical consultant to be hired. COM. BLAINE agreed and thought the acoustical consultant could also address the question of frequencies at the two sites mentioned. CHR. CLAUDY said he would feel comfortable stating that particular attention be paid to high frequencies. There was a short discussion on the frequencies that might be found in the development and the possibility of overbuilding to attenuate the . MOT ION : SECOND: VOTE: MOTION: SECOND: VOTE: Com. Adams, Cond i tions 1 Com. Blaine PASSED· for approval of Application 8-2-81, subject to and 2 and the recommendations in the Staff Report. 5-0 Com. Adams, for approval of. Application 27-U-80, subject to Conditions 1-4, 'Condition 15, Condition 16 to include paragraph g., which reflects westÞound right turn traffic at the intersection to be funded by the applicant, Condition 17 to be reworded to reflect right turn in and right turn out only of the entrance off of Homestead Road. Findings and subconclusions as set forth in the Staff Report. Com. Blàine PASSED 5-0 There \.¡as "a short discussion on the Minute Order to be sent to Council that the E.I.R.* was complete, that the traffic changes had been addressed and frequency standards would be developed later. MOTION: SECOND: VOTE: Com. Binneweg, to send a MINUTE ORDER to City Council that the E.I.R.* was complete. Com. Adams PASSED 5-0 The matter of sending a second Minute Order to Council to consider the matter of abandoning Blue Jay Drive to the Mariani project and North- point was discussed, but th~ Commission was advised by Public Works Director Viskovitch that they did hot have to take action on it. * E.I.R. - EnvironmentRl Tmp~rr Rppnr~ PC-360 PAGE 12 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING CRR. CLADDY at this point re~ommended a motion to continue Items 5,6,Þ, 8 and 10 until Wednesday, July 15th at 7:30 p.m.and advised the public. MOTION: SECOND: VOTE: Com. Binneweg, to continue Items 5,6,7,8 and 10 until Wednesday July ls~h at 7:30 p.m. Com. Adams PASSED 5-0 ITEM #3, Applic~tion 9-Z-8í of CITY OF CUPERTINO (P.G. & E. SITE): REZONING approximately 22± acres from ML (Light Industrial) zone to BQ (Quasi-Public Building) zone 'or whatever zone may be deemed appropriate by the Planning Commission 'and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommendq the granting of a Negative Declaration. The subject property consists of 'an existing Pacific Gas & Electric facility located on the northeast corner of Highway 280 (Junipero Serra Freeway) and North Blaney Avenue. First Hearing continued. Tentative City Council hearing date - Augus~ 17, 1981. Associate Planner Piasecki,rev:Lewing the Staff Report, noted that tre. Item he.d been cúD.tinueå. fröm the l1eeting of JunE. 22nd in response to a concern of the Commission, a~d said that after evaluation, Staff was recommending the Commission go ahead and rezone to BQ if, in the mean- time, the Commission would authorize Staff to proceed with changes of the BQ* designation in the Ordinance. COM. KOENIT2ER was concerned 'about voting a zone which was known not to conform. CHR. CLAUDY, admitting it was irregular, observed the essence of planning was to have reasonable land use control, and not to be slavish. COM. BLAINE felt there would ,not be any problem if Staff's recommendation to initiate a Public Hearing to consider an amendment was followed, and preferred the B~* to the ML**zone. Mr. Louis Paviso, San Juan Road could not understand why P.G. & E. was not at the Meeting, especially since they were getting a non-conforming Use Permit. MOT ION: SECOND: VOTE: IIOTI ON : SECOND: VOTE: MOTION: SECOND: VOTE: MOTI ON : SECOND: VOTE: Com. Binneweg, to close the Public Hearing. Com. Acfams PASSED 5-0 Com. Binneweg, to recommend the granting of a negative declaration. Com. Blaine PASSED 5-0 Com. Binneweg, to' recommend approval of Application 9-Z-8l. Com. Koenitzer PASSED 5-0 Com. Blaine, to recommend that Staff initiate a Public Hearing to consider amending the BQ* zone. Coin. Adams PASSED 5-0 * BQ - Quasi-Public Building ** ML - Light Industrial MINUTES, JULY 13, 19S1 REGULAR PLANNING COMMISSION MEETING ITEM #4, Applications l4-Z-si, l2-TM-Sl and l4-U-8l of SOBRATO DEVELOP- MENT COMPANY: REZONING approximately 4.5 gross acres from P (Planned Development with Residential Cluster Intent) zone to P (Planned Development with commercial and office use intent) zone or whatever zone may be deemed appropriate by the Planning Commission; TENTATIVE MAP to combine two parcels consisting of approximately 3.4 net acres; USE PERMIT to construct a six-stqrey office building equalling approximately 150,000 sq. ft. and ENVIRONMENTAL REVIEW: The Environmental Review Committee recommends the gra~ting of a Negative Declaration. The subjec property is located on the southwest corner of De Anza Boulevard and Lazaneo Drive. First Hearing. Tentative City Council hearing date - August 17, 1981. PC-360 Page 13 Assistant Planning Directo~ Cowan outlined the Staff Report, describing the property as containing 3.3 net acres, bordered by single family homes, apartments and industrial development and general planned for a residential/commercial mix, though currently zoned for the residential option. He'advised that the issue was one of community character and General Plan consistency, and pointed out that though technically the proposal could be approved, it was in a "grey area" and Staff felt it should be denied. He gave Staff's interpretation of General Plan policies, that North De Anza Boulevard near the 280 interchange, TO'<D Center and Vallco Park areas alone were appropriate for multi-storey use, and said it Was Staff's feeling that if this was approved, the Commission would be in the position of reviewing similar proposals for the entire length of De Anza Boulevard. Another concern of Staff, he said, was the jobs housing balance, which could be considered, though it would be difficult to deny on this basis alone. There were a number of technical parking and traffic considerations, he advised, but preferred going into the community character issue only. Mr. John Sobrato, Sobrato Development Company, the applicant, took the position that the development was consistent with the General Plan and strategies in the Land Use and Community Character Document. He admitted that 5/600 additional jobs would be created, nominally increasi g the jobs/housing imbalance, but felt that lack of housing was partially due to economic conditions and also that it was unrealistic for Cupertino to try to solve such a regional problem, having done more than its share,he thou~ht.He noted that the jobs/housing imbalance had not been mentioned when Grosvenor International had applied to build 250,000 sq. ft. for Trilogy ~ystems and 150,000 sq. ft. for Tandem Computers, "and felt it would be unfair to single out his project. On the subject of land use, he beli9.ved they had conformed to the Community Character Document~ and quoted the section on page 2-9, first paragtaph, on urban form, interpretting it to mean that additional buildings, if they were proper and fitted in, should be permitted alo9g De Anza Boulevard. He further quoted page 2-15, Strategy, 1., and felt that a definite urban character had been established on De Anza Boule- vard, and that it was important in having a main entrance to the focal point of the community at Town Center that there be reinforcements like their building along De Anza 'Boulevard. Quoting Strategy, 3. on page ,PC-360 :Page 14 MINUTES, JULY 13, 1981 REGULAR PLANNING COMMISSION MEETING 2-15, he observed that they had conserved land by putting parking on three decks and raising the height, which he thought was being encouraged by this strategy, and observed' that urban sprawl would be limited, with job opportunities concentrated, both of which were needed if mass transit was to work. He also noted.. that in recent years residential development had become more intense and' thought taller office buildings were bound to come. He pointed out that they had attended two Architectural and Site Control Committee Meetings and the Committee had approved the building and felt it was in keeping. They had complied with the Committee to provide a more suburban character and dramatic entry, and the Committee had been very pleased, he reported. Paul Letteri, Anthony Guzzarde and Associates, the landscape architects, listed some of their completed projects, including the Glenbrook apartments in Cupertino, and said that their concept here had been to create an envelope and as many planes between the viewer and the building as possible to decrease the prominence, which they had done mainly by using specimen material in trees. They would also be putting specimen size trees along both sides of De Anza to give a feeling of ' an avenue and major entrance to town, he said, and along De Anza there would be a 50 ft. setback with lawn at the sidewalk, allowing for police security and also for benches, etc., to create a park-like setting. He described a 3 ft. retaining wall at the parking lot, so that cars would not be visible from De Anza, and large specimen trees at the entrance of the building, to instantlY bring down the scale. He showed slides of specimen materials, plantings and mounds in relation to the structure and also of various projects they had completed with specimen trees, at the time of construction and a few years later. The applicant described the recent history of the site, how it had been recommended in 1979 for a 60 unit townhouse development and how E.A. Hathaway, a respected developer, had been trying since to secure financing, which banks :<auld 'not give, as they did not consider the site favorable for such a development. He pointed out that the building would serve as executive offices with employees probably being from Cupertino and Sara,oga, and also that the building was set a considerable distance away from residential homes. CHR. CLAUDY called for public input in favor to be heard first, because of the time. Mr. Louis paviso was in favor of the project, which he felt was a better one than the Mariani project~* Joe Broem, 20980 Pepper Tree Lane, a Cupertinc resident said he owned property to the north of the proposed bU1I'd'ing, that 'the building projected class and would emphasize the entrance to the City. Stephen Hayes liked the design, and would be in favor if the traffic could be addressed, he said. * see Item 1. MINUTES, JULY 13, 1981 REGUlAR PLANNING COMMISSION ~mETING PC-360 PAGE 15 Maurice O'Shea, Clay Street, Cupertino liked De Anza Boulevard in its. present fo~, and pointed out that this project bordered on the Gifu restaurant and was incompatible with it. He felt that eight out of ten citizens would be opposed and that the developers were insensitive to what the City wanted. William Wild, Donut Wheel~ De Anza Boulevard, said he had been concerned about a six-storey structure, but having seen it, he thought it would work very well. COM. KOENITZER said he had been opposèd to buildings over 50 ft. for many years, including Four-Phase. COM. ADAMS was also concerned about the height, and the number of employees. COM. BLAINE liked the building, but felt it was not in keeping with the community cha~acter, especially at the proposed site. COM. BINNEWEG agreed that the building was too high and also expressed disappointment at not getting housing on the site. CHR. CLAUDY thought it was a fine building, but not in keeping, and observed that the Commission was unanimously against the development. COM. BLAINE felt as it was a' Public Hearing, others should llave an opportunity to speak. Bob Babcock, 10972 Northfield Square, wanted to support the building, as the employees would be lo~al residents, and traffic might be less through the City if they stopped there. Louis Paviso said that three gentlemen sitting with him were in favor. Leslie Guttadauro, 10251 Parlett Place said there were 294 individuals on a petition opposed to the building, and thanked the Commission for their concern. The applicant wanted to know what he should build there, as he would be back. COM. KOENITZER preferred residential, but felt that office or commercia under 50 ft. in height could be supported at the site. COM. ADAMS felt the use w&s acceptable, but not the height, and also wondered about the blocking ?f television reception to the east. The applicant said that t~e last point could easily be addressed, and suggested they might come back with four storeys, one depressed. He thought they could meet the criterion of under 50 ft. and also wanted to keep the building well set back. -' COM. BLAINE did not want ¿osee anything higher than the office build in opposite and also did not ;wánt to see underground parking combined with ground level phrking. She suggested that residential was still open for the site, though an office building would still be favorably receiv d.