PC 11-21-91
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue
Cupertino, CA. 95014
(408) 252-4505
MINUTES OF AN ADJOURNED MEETING OF THE PLANNING COMMISSION HELD
ON NOVEMBER 21, 1991
ROLL CALL:
commissioners Present:
Chairman Mackenzie
Vice Chairman Fazekas
Commissioner Mann
Commissioner Mahoney
Commissioner Austin
staff Present:
Robert Cowan, Director of
Community Development
Ciddy Wordell, City Planner
Cheryl Kershner, Deputy City Attorney
ORAL COMMUNICATIONS:
- None
3-GPA-90 Continued
Chr. Mackenzie noted this is a continued adjourned meeting on the
discussion of the st. Joseph's property.
Chr. Mackenzie reiterated the proceedings of the hearing.
Mr. steven Haze questioned the discussion on the Parks Commission's
recommendations.
Mr. Cowan stated the Parks Commission had given a report to the
Planning commission and this will be discussed in the context of
the whole General Plan and this property.
Mr. Tony Guzzardo, representing Sobrato, explained the site plan
maps presented. He noted the plan addressed the concerns of both
the public and the Commission. They have eliminated housing on the
riparian corridor and kept the link to the open space. No
vegetation has been removed in the natural habitat. Mr. Guzzardo
stated they had created 1 acre lots along the freeway and half acre
lots behind that. There would be a village concept of different
sizes homes in other areas. They propose higher density in the
flat area, condo/apartment adjacent to the Cemetery and PG&E lots.
There will be 85 acres of open space.
In response to Com. Mann's question Mr. Guzzardo gave a break down
of the units in each area:
11 - 1 Acre lots
26 - 1/2 Acre lots
37 - 8,OOD s.f. (village B)
27 - 8,000 s.f. (village C)
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 2
100 - 4,975 s.f. (village E)
177 - Condo/apartments.
He stated a hilltop park was included in the plan. In response to
concerns, Mr. Guzzardo stated that the PG&E lot and Cemetery do not
include the 85 acres of open space proposed.
Corn. Mahoney arrived at 5:50 p.m.
Mr. Phil Zeitman expressed concern regarding the community park and
if it would be open to the public. He feels the Commission is
getting away from the importance of the open space. He stated high
density is against the will of the voters and 500 units would look
like a mass product.
Mr. steven Haze stated that the 85 acres needs to be identified if
public access or not. He also questioned the heights of the
buildings.
Mr. Jack Berkels stated he is pleased with the development of the
City and there is a lot of resentment about development. He stated
controlled development is better than no development.
Mr. steven Haze asked if this was going to be an exclusive
development, privately or publicly maintained?
Chr. Mackenzie reiterated comments from the last study session. He
noted the site plan at this hearing was requested by the Commission
to help the Commissioners visualize the site and development. He
stated specific questions about the development at this time are
not relevant.
Ms. Diane Moreno stated she supports the 85 acres of open space
with the development, she stated they City may not have the same
opportunity in 10 years to save the 85 acres.
Com. Austin stated she is uncomfortable working with a site plan.
Planning Director Cowan stated the reason for the site plan is to
understand what development means to this property, can residential
fit into this property? Can the sensitive areas be preserved etc?
Com. Mann felt the Commission is spending too much time on details,
but feels the site plan is helpful to see where the development can
be placed.
Com. Fazekas assured the public that the developer has not filed
for a PD application.
Chr. Mackenzie noted 500 homes are proposed on the site plan. He
noted the conference center is eliminated at this time.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 3
Com. Mahoney stated the issue is, if housing is going to be on this
site, where should it go?
Com. Austin stated she would rather see large homes on this
property, because affordable housing will never occur on this
property. She stated she would not support rentals on this
property.
Chr. Mackenzie stated at the last hearing there was more votes for
open space and the second choice was residential.
The commissioners discussed financing of the property for open
space.
Mr. Cowan stated feasibility must be discussed.
Com. Austin stated with regards to open space, the Parks Commission
recommendations should be discussed.
Com. Mahoney stated there is not a consensus to keep all the
property as open space, but some. He feels the property beside the
PG&E station could be developed. He stated the sensitive areas do
need to be protected.
City Planner Wordell stated 150 ft. setback was recommended.
Chr. Mackenzie stated the size will be determined at the site
specific plan stage.
Chr. Mackenzie stated the General Plan needs to have policies and
at some point the Commission will have to be specific.-
Com. Mahoney questioned the policy? It is, keep the property as
open space and fall back on development if open space is not
possible. Or, to have a compromise, some development with 85 acres
guaranteed as open space.
In response to Chr. Mackenzie's question regarding encouraging
opens space, Mr. Cowan stated a growth limit can be considered.
Com. Fazekas stated the open space element indicates that as much
open space as possible should be acquired.
city Planner Wordell read the Park Commission recommendations. The
highest priority is to pursue every available option to acquire the
property for open space and if not possible set guidelines.
Mr. Cowan stated the Commission could adopt the General Plan with
similar wording as recommended by the Parks Commission.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 4
Com. Fazekas questioned when is it that every available option
stops?
Com. Mann stated if a trade-off is necessary, part of the property
can be maintained in the Williamson Act and developed the seminary
property.
Com. Mahoney expressed concern about purchasing the 85 acres and
developing the rest as it cannot be purchased. He stated at this
time the City could agree to allow development and maintain the 8
acres as open space, therefore it would not have to be purchased.
Com. Austin questioned if the property can be bought?
Com. Mann stated funds are needed from different organizations and
the City should give a time period. When the time runs out the
developer at that time can request development of the property.
Chr. Mackenzie stated he has listened to public testimony and has
heard no figures with regards to purchasing this property.
Corn. Fazekas concurred with Com. Mahoney as to preserving the 85-
100 acres.
Com. Mann suggested putting a cap on the number of lots.
Com. Mahoney stated five acres to the lot does not protect as much
open space.
Soundwalls were discussed and Chr. Mackenzie stated development can
be planned so as to avoid the need for a soundwall.
Com. Fazekas agreed that there should be no soundwall.
Chr. Mackenzie asked, is protecting the 85 acres enough or do
extraordinary policies need to be written into the General Plan?
Deputy City Attorney Kershner stated that the Commissioners cannot
discuss the Williamson Act. Specific findings must be made under
the Williamson Act before findings can be made.
The Commissioners agreed with the Parks Recommendation to preserve
all or part of the property as open space.
The linkages were discussed. The Parks Commission recommendations
were discussed regarding this issue.
Mr. Cowan stated the recommendations basically say that if the
property is not purchased for open space, then the linkages should
be protected.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 5
Chr. Mackenzie stated because of the size the property may lend
itself to different guidelines.
Com. Fazekas stated the guidelines could be more restrictive.
It was a consensus that the sensitive areas should be protected.
Chr. Mackenzie stated that staff suggested if and when the property
owner develops the property they would prepare a specific plan and
also fund staff to prepare a specific plan.
Ms. Wordell stated the city would prepare a specific plan through
City staff or a consultant and be reimbursed. She feels there are
more options of development this way.
Chr. Mackenzie suggested that a specific plan should be provided at
the zoning stage.
Ms. Wordell read the law concerning requiring a specific plan.
Chr. Mackenzie suggested asking the developer to present two plans.
Com. Mann stated that they should be somewhat specific at the
zoning stage, but still keep it general.
Com. Fazekas feels the applicant should provide a 3-D model to see
exactly what the project looks like and to make sure they are
considerate to the sensitive areas.
Com. Mahoney concurred with Com. Fazekas regarding a 3-D model.
Mr. Cowan stated it is costly to require the developer to provide
a site plan and elevations at zoning stage.
It was agreed that the developer should provide certain things (as
outlined in number 8).
Chr. .Mackenzie expressed concern about having to review too much
information at once.
Com. Fazekas stated he would like to see a 3-D model with
landscaping prior to approving the project.
Mr. Cowan stated the idea of the plan being prepared by the City is
to establish more precise guidelines for development.
Chr. Mackenzie stated it may be
the developer cannot propose
consultant can aid the City in
the site.
beneficial
what the
developing
to have a consultant if
city wants, then the
a site plan which fits
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 6
Com. Fazekas stated the consultant should come up with alternate
designs.
Ms. Mavis smith stated she is a docent at Deer Hollow Farm and
asked the Commission not to give up on the acquisition of the
property. She stated many inter-agencies are involved in this
property and it may, at some time, be possible to purchase it.
Chr. Mackenzie stated if the property gets developed as housing
what should some of the parameters be? He suggested looking at
what Mr. Guzzardo had proposed and the General Plan.
Com. Austin suggested size limitations on the houses.
Com. Fazekas suggested the FAR be .40 rather than .45 FAR.
Chr. Mackenzie stated his motivation to try to maintain long term
affordable housing was to not use FAR but require that so many
houses must be below a certain size.
Com. Fazekas stated bulk and distance between houses has to be
addressed. He suggested putting a greater angle on the second
floor setbacks and to go with a smaller FAR.
Chr. Mackenzie stated it is possible to put 323 Rl homes and 177
apartments on this site.
Com. Mann stated that even the 293 homes are too much and doesn't
feel affordable housing is possible on this site. In response to
Com. Fazekas' question, Com. Mann stated the site is too dense.
She noted there are no open space pockets between the homes. She
spoke in favor of a rural atmosphere rather than city block type
homes.
Com. Fazekas stated he as no problem with the condos. He noted a
buffer should be placed between the park and the homes to increase
the riparian buffer. He feels a physical green belt is needed
between parts of the development. He stated the residents need to
be protected from the parking lots.
Ms. Wordell stated the County did ask for a buffer between the
development and the park.
Corn. Fazekas reiterated his comments about a City park to tie in
with Rancho San Antonio. He noted with the green belt requested,
the number of units will be reduced.
Chr. Mackenzie stated if a lower FAR is required, there would be
more space between the lots.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 7
Com. Fazekas stated he would like to keep the condos in the
location suggested by the developer.
Com. Austin stated she would not go over the 293 figùre stated in
the General Plan. She noted she could not choose a number on this
at this time.
Ms. Wordell suggested placing a number on after the plans are
reviewed more.
Chr. Mackenzie listed the commissioners requests:
Com. Fazekas:
150 ft. from creek
100 ft. from County Park
drop units to 293 Rl lots
keep apartments with a 25% affordability
Com. Mann:
No Condos
1 acre lots - 100 homes
Apartments, if affordable
Com. Mahoney:
150 ft. from creek
100 ft. from County park
drop to 293 R1 units
keep apartments
sensitive to park view between cemetery and
park
150 ft. from creek
100 ft. from County park, but roads allowed
keep apartments if rental
320 units cap
use sight and height limits, be specific in
the General Plan
Chr. Mackenzie:
Com. Mahoney stated there is a need for housing in the City and the
more housing allowed the lower the prices.
Com. Fazekas suggested that the apartments be inclusionary zoning.
He did not agree with the 1 acre limit.
Com. Austin stated that the condos will not be affordable housing.
Chr. Mackenzie stated that he would rather see $500,000 homes as
opposed to $1 Million.
Ms. Wordell stated the housing nexus study will be presented to the
Commission before they sign off on the organization of the General
Plan. She stated it may establish some relationship between
creating market rate housing and affordable housing. If the City
agrees to the study, this site will be subject to it.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 8
Corn. Mann stated the apartments would be acceptable as long as they
are affordable.
Chr. Mackenzie stated it would be more appropriate to look at the
nexus study before discussing affordability.
Com. Austin stated if the property should be developed she would
prefer houses in the price ranges of $500,000 to $1 million, but
293 homes are too many.
Corn. Mann stated she would like to keep a rural atmosphere, and
does not want much grading.
The commissioner agreed that the grading should be kept to a
minimum and work with the natural contour. strict guidelines
should be developed for this and other hillside properties.
Density was discussed. Chr. Mackenzie stated what is proposed is
not high density.
Com. Mann stated it could become high density when the homes are
all put together, but the grading is very important.
Com. Fazekas stated when it is a PD landscaping issues can be
addressed.
Com. Mahoney stated that the developer may not maximize density.
Com. Fazekas stated that each piece of property has different uses
and may not be maximized.
Com. Fazekas stated that because of the topography different types
of housing should go on different areas of the project and as it is
hillside property grading should be limited and landscaping should
be ma~imized using native vegetation and the park should be
buffered. Also create special public improvement standards to give
a rural atmosphere.
Chr. Mackenzie suggested breaking up the 300 units to different
types of housing, it should be incorporated in the General Plan.
Com. Fazekas
low density.
density.
said the steeper, more visible the lots should have
The flatter and less visible lots the higher the
The commissioners discussed placing a cap on the size of the homes
as outlined below.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 9
The Commissioners consensus points are:
1. strong consideration to protect the riparian corridor. Width
to be determined at specific plan stage.
2. Keep southwest corner as open space.
3. Use distance/density to avoid a soundwall along I-280.
4. Wherever possible defer development of property as long as
there is reasonable opportunity to purchase it for open space.
5. use of all or part as open space preserve is highest priority.
6. Pursue every available option to acquire property.
7. Provide a high level of plan review, using appropriate tools
and technology available. .
8. Provide site plan, grading plan, pad elevation, model or
computer simulation, and massing study at the preliminary
review.
9. The EIR consultant should be qualified to provide alternate
designs.
10. Grading should be kept to a minimum, work with the natural
contour. strict guidelines to be developed for this and other
hillside properties.
11. 200-300 homes (100 less than or equal to 2000 s.f.)
175 apartments
The cap must meet other development requirements as suggested
by the Commissioners in the list below.
Chr. Mackenzie open the hearing for public input.
Ms. Kindal Blau stated she liked the process. with regards to
funding, she stated there is no value to the land before it is
zoned and this makes is difficult to talk about funding.
Mr. Bob Summers, Diocese of San Jose, stated he researched how the
other property was sold. He noted there was pressure from the City
of Cupertino to sell to the park. He noted the property needs to
be developed. He urged the Commission not to take away the rights
to develop this property.
Mr. John Sobrato stated the density is 2.8 units per acre, and the
density within the apartments is 11 per acre. He suggested if the
Commission want more homes they should go with more apartments. He
stated requiring the apartments to be rental is not financially
viable unless more units are added. He stated the plan proposed
would work if the units could be sold. He noted if they are to be
kept affordable they could put a cap on the size of the units. He
noted everything else the Commissioners discussed they will comply
with.
In response to Mr. SObrato's question, Ms. Wordell stated it has
not been specified in the nexus study if the units can be for sales
as well as rental. She stated when the units become ownership they
become unaffordable because of the down payment.
PLANNING COMMISSION MINUTES
Adjourned Meeting of November 21, 1991
Page 10
In response to Com. Mahoney's question, Mr. Sobrato stated they had
put economic tests on the proposed plan and with dedicating the 85
acres the plan would work.
Ms. Sue Mirch Ketchman expressed concern regarding affordable
housing. She noted this project will not meet the affordable
housing needs.
Nancy Hurtert stated the commission should be discussing modest
income housing.
Mr. Phil zeitman complemented the Commission for the process of the
hearing. He encouraged them to go forward with the process. He
stated this is the largest vacant land left in Cupertino and needs
to be protected.
Fr. Boyle stated the money from this property is needed to provide
services within the church. He noted they are dedicating 85 acres
to open space. He stated there is a need to develop this property
to get the value of the land.
Mr. steven Haze stated the definition of open space needs to be
defined if development occurs. He stated there should be landscape
buffers. He noted there is only one access to Rancho San Antonio
and another access would be required if development occured. He
stated smaller houses and higher density is feasible keeping the
rustic look.
General Plan Amendment to be continued to regular meeting of
November 25, 1991