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101-Draft Minutes 10-02-2013.pdf DRAFT MINUTES CUPERTINO PLANNING COMMISSION Special Meeting Wednesday, October 2, 2013 PLANNING COMMISSION MEETING PLEDGE OF ALLEGIANCE At 5:03 p.m. Chair Don Sun called the Special Planning Commission meeting to order and led the Pledge of Allegiance. ROLL CALL Present: Chair Don Sun, Vice Chair Brophy, and Commission Members Alan Takahashi and Margaret Gong. Absent: Commissioner Winnie Lee. APPROVAL OF MINUTES 1. Subject: Approve the August 13, 2013 Planning Commission minutes Recommended Action: Approve the minutes Moved and seconded to approve the minutes as presented. The motion passed; voting 3 yes, 1 abstain (Brophy), 1 absent (Lee) 2. Subject: Approve the August 27, 2013 Planning Commission minutes Recommended Action: Approve the minutes Moved and seconded to approve the minutes as presented. The motion passed; voting 4 yes, 1 absent (Lee) WRITTEN COMMUNICATIONS – A request for records was received from Gideon Kracov, Attorney at Law, on behalf of the Service Employees International Union POSTPONEMENTS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR - None Wednesday, October 2, 2013 Cupertino Planning Commission 2 PUBLIC HEARINGS 3. Subject: Apple Campus 2 Recommended Action: Approve Resolution Recommending Certification of an Environmental Impact Report (EIR), adoption of Findings and a Statement of Overriding Considerations, and adoption of Mitigation Measures and a Mitigation Monitoring and Reporting Program in substantially similar form to the Resolution attached to staff report (Attachment PC-1); Approve the General Plan Amendment, GPA-2011-03, in substantially similar form to the Resolution attached to staff report (Attachment PC-2); Approve the Zoning Map Amendment, Z-2011-03, in substantially similar form to the Resolution attached to staff report (Attachment PC-3); Approve the Vesting Tentative Map, TM-2011-03, in substantially similar form to the Resolution attached to staff report (Attachment PC-4); Approve the Development Permit, DP-2011-04, Use Permit, U-2011-11, Architectural and Site Approval, ASA-2011-14 and Tree Removal Permit, TR-2011-39, in substantially similar form to the Resolution attached to staff report (Attachment PC-5); and Approve the Development Agreement, DA -2011-01, in substantially similar form to the Resolution attached to staff report (Attachment PC-6). Description: Application No(s): ASA-2011-14, DA-2011-01, DP-2011-04, GPA-2011-03, TM- 2011-03, TR-2011-39, U-2011-11, Z-2011-03 (EA-2011-12) Applicant(s): Apple, Inc (Dan Whisenhunt) Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280, North Wolfe Road including properties located on the east side of North Tantau Avenue APN #s:316-06-033, 316-06-039, 316-06-045, 316-06-046, 316-06-048, 315-06-050, 316-06-051, 316-06-52, 316-06-053, 316-07-044, 316-07-045, 316-07-046, 316-09-019, 316-09-027, 316-09-028, 316-18-025, 316-18-027, 316-18-035, 316-20-074, 316-20-075, 316-20-076 Environmental Impact Report for the demolition of approximately 2.66 million square feet of existing office, research and development buildings and the construction of 3.42 million square feet of office, research, and development buildings; 245,000 square feet of auditorium (1,000 seat), fitness center, and Valet Parking Reception uses; 92,000 square feet of utility plants; and associated parking facilities and ancillary buildings (such as security reception areas and landscape maintenance buildings); General Plan Amendment to allow a change in the land use designation of a 1.1 acre area from Parks and Open Space to Industrial/Residential to be reflected in the Land Use Map and various figures and tables, the elimination of a segment of Pruneridge Avenue from various references as a minor collector and bike lane to reflect the closure and vacation of this segment of the street, the potential relocation of Glendenning Barn from the project site and a Wednesday, October 2, 2013 Cupertino Planning Commission 3 change in the primary building bulk setback for N. Tantau Avenue from 1.5 to 1 slope line from the curb line to a 1 to 1 slope line from the curb line, changes associated with the development of the Apple campus and potential Development Agreement in Policy 2-35: Vallco Park North; Rezoning of an approximately 1.1 acre area from Park and Recreation (PR) to Planned Industrial Park (P(MP)); Development Agreement for a 20 year term to allow the development of an office, research and development campus; Vesting Tentative Map to allow a subdivision of property from nineteen parcels to five parcels; Development Permit to allow the demolition of approximately 2.66 million square feet of existing office, research and development buildings and the construction of 3.42 million square feet of office, research, and development buildings; 120,000 s.f. (1,000 seat) corporate auditorium, 100,000 s.f. corporate fitness center, and 25,000 s.f. Valet Parking Reception uses; 92,000 square feet of utility plants; and associated parking facilities and ancillary buildings (such as security reception areas and landscape maintenance buildings). Use Permit to allow a corporate auditorium and fitness center at a new office, research and development campus; Architectural and Site Approval to allow a new 2.82 million square feet office, research and development building with 2,385 basement parking spaces and a cafeteria, a 5,870 parking space structured parking facility with attached Central Plant, a 1,000 seat corporate auditorium, a fitness center, and associated site improvements including access tunnels, a surface parking lot, outdoor dining and recreational facilities and landscaping; Tree Removal Permit to allow the removal of approximately 4,501 trees, of which, approximately 90 trees are proposed to be transplanted, and replacement with at least 6,200 trees to allow the construction of an office, research and development campus. Senior Planner Piu Ghosh reviewed the staff report. Adam Weinstein, LSA, reviewed the Environmental Impact Report Jane Bierstadt, Fehr & Peers, reviewed the Traffic Impact Analysis Report Chair Sun and the Commissioners asked question of the Staff and Consultants Dan Whisenhunt, Director of Real Estate and Development, Apple, Inc., further reviewed the project Chair Sun opened the public hearing: Tap Merrick, Sunnyvale resident, expressed traffic concerns related to neighborhood cut- through traffic around the project site. Kevin McClelland, President, Cupertino Chamber of Commerce, spoke in favor of the project. Theresa Gavenas, Sunnyvale resident, spoke on favor of the project and offered Transportation Demand Management suggestions to alleviate traffic congestion during peak hours. Ro Khanna, instructor at Stanford University, spoke in favor of the project. Wednesday, October 2, 2013 Cupertino Planning Commission 4 Ed Hirshfield, Cupertino resident, spoke in favor of the project. Sandy James, Cupertino resident, spoke in favor of the project. Gideon Kracov, Attorney at Law, representing the Service Employees International Union, wanted to make sure Apple pays a livable wage, provides safe working and environmental conditions for all its’ employees. Maryann Bettencourt, Cupertino resident and business owner, spoke in support of the project indicating that Apple’s consolidation will lead to more commercial space becoming available to small business owners at affordable rates. Tim McRae, Energy Director for the Silicon Valley Leadership Group, spoke in favor of the project. Eleanor Field, Sunnyvale resident, didn’t feel there had been enough outreach to residents living outside Cupertino. Robert Neff, Palo Alto resident, raised concerns about unsafe conditions for bicyclists at a shared pedestrian/bicycle land proposed at the bridge over Calabasas Creek on Tantau Avenue. Neil Struthers, Executive Officer, Santa Clara and San Benito County Building Constructions Trades Council, spoke in favor of the project. Rachelle Conover, Sunnyvale resident, spoke in favor of the project. John Zirelli, General Manager, Recology, spoke in favor of the project. Dale Pollek, Cupertino resident, spoke in favor of the project but asked Apple for a retail store at the Main Street development project, revisit the need for housing and encourage its employees to drive safely. Chair Sun closed the public hearing. Chair Sun and the Commissioners asked question of the Staff and Consultants Vice Chair Brophy moved and Gong seconded to recommend approval of Resolution 6727 (EA-2011-12) with substitution of Mitigation Measure TRANS-23 with Mitigation Measure TRANS-23 (Alternate) with a modification to strike the bullet point imposing a financial penalty to Apple. The motion passed; voting 4 yes, 1 absent (Lee). Vice Chair Brophy moved and Gong seconded to recommend approval of Resolution 6728 (GPA-2011-03). The motion passed; voting 4 yes, 1 absent (Lee). Vice Chair Brophy moved and Gong seconded to recommend approval of Resolution 6729 (Z-2011-03). The motion passed; voting 4 yes, 1 absent (Lee). Vice Chair Brophy moved and Gong seconded to recommend approval of Resolution 6732 (TM-2011-03) with substitution of Mitigation Measure TRANS-23 with Mitigation Measure TRANS-23 (Alternate) with a modification to strike the bullet point imposing a financial penalty to Apple. The motion passed; voting 4 yes, 1 absent (Lee). Vice Chair Brophy moved and Gong seconded to recommend approval of Resolution 6731 (DP-2011-04, ASA-2011-14, U-2011-11, TR-2011-39) with substitution of Mitigation Measure TRANS-23 with Mitigation Measure TRANS-23 (Alternate) with a modification to strike the Wednesday, October 2, 2013 Cupertino Planning Commission 5 bullet point imposing a financial penalty to Apple. The motion passed; voting 4 yes, 1 absent (Lee). Vice Chair Brophy moved and Gong seconded to recommend approval of Resolution 6730 (DA-2011-01). The motion passed; voting 4 yes, 1 absent (Lee). OLD BUSINESS - None NEW BUSINESS – None REPORT OF THE PLANNING COMMISSION - None • Environmental Review Committee • Housing Commission • Mayor’s Monthly Meeting with Commissioners • Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT - None ADJOURNMENT At 8:20 p.m., the meeting was adjourned to the next regular Planning Commission meeting of Tuesday, October 8, 2013, 6:45pm, Council Chamber, 10350 Torre Avenue, Cupertino. Respectfully submitted, _/s/Beth Ebben______________________ Beth Ebben, Administrative Clerk Community Development Department Staff reports, backup materials, and items distributed at the Planning Commission meeting are available for review at the Planning Department, 777-3308, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Planning Commission meetings are shown live on Comcast Channel 26 and AT&T U- verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.