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PC 03-25-91 2I~Y OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON MARCH 25, 1991 SALUTE TO THE FLAG: ROLL CALL: Chairman Mackenzie Vice Chairman Fazekas Commissioner Mann Commissioner Mahoney Commissioner Austin commissioners Present: Mark Caughey, city Planner Travice Whitten, Assistant city Engineer Ciddy Wordell, Associate Planner Charles Kilian, City Attorney Cheryl Kershner, Deputy City Attorney staff Present: APPROVAL OF MINUTES: MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: MOTION: SECOND: ABSTAIN: VOTE: Com. Fazekas moved to approve the minutes of March 11, 1991, as amended Corn. Mahoney Passed 5-0 Com. Fazekas moved to approve the minutes of February 20, 1991, General Plan Workshop Meeting Com. Mann Passed 5-0 Com. Fazekas moved to approve the minutes of March 5, 1991, General Plan Workshop Meeting Com. Mann Com. Mahoney Passed 4-1 WRITTEM COMMOlfICATIONS: - None ORAL COMMUNICATIONS: - None CONSENT CALENDAR: - None PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 2 POSTPONEMENTS OR NEW AGENDA ITEMS: ITEM 1: Application 16-TM-90 (Sobrato) continuance to April 8, 1991 Applicant requests Chr. Mackenzie requested that Mr. Chuck Kilian, City Attorney, explain the concept of a Vesting Tentative Map. Mr. Kilian stated the law allowing Vesting Tentative Maps was enacted by the State Legislature about five years ago. It allows a developer to vest his discretionary rights to build prior to the issuance of a building permit. Up until this time, unless the developer had a development Agreement, a developers rights to build his property were not vested until a building permit was obtained and commenced construction, at this point the City could not change the development. The legislature adopted a law, if someone had all discretionary approvals, except for a sub-division map, he could vest the subdivision map by making an application, in which the City could require certain conditions to the approval of a Vesting Tentative Map. He noted as far as the Sobrato application, the Use Permit has already been granted and what is required now is the granting of a tentative map to subdivide the property. Once the map is vested the developer has the right to qommence building according to what is in the vested map and the use permit and subsequent zoning and General Plan decisions will not normally affect the right to build. Further discretionary acts can be required. In response to Com. Fazekas question regarding the advantages of the Vesting Tentative Map, Mr. Kilian stated it is put a developers statute. The purpose of it is in a large development where there is phase development, once the developer receives approvals and starting building phase I, he would not be precluded from building phase II. He noted from a developers point it is similar to a Development Agreement. He noted all the planning approvals are locked in to the Vesting Tentative Map. Chr. Mackenzie stated the Use Permit conditions must be specific and the conditions of the Use Permit should be in the CC&R's. Mr. John Sobrato stated the reason for the continuance is that the lenders want specific conditions. MOTION: Corn. Fazekas moved to continue application 16-TM-90 to April 8, 1991 SECOND: Com. Austin VOTE: Passed 5 - 0 PUBLIC HEARINGS: PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 3 2. Application NO(S): Applicant: Location: 3-GPA-90 City of cupertino Citywide applicability Review and comment on General Plan Alternative Specification. staff Presentation: Ms. Ciddy Wordell presented the staff report. The subject of this public hearing, she explained, is specification of alternatives for General Plan review. Once agreed upon, these alternatives will be evaluated in terms of traffic, parks, utilities, and other measures and how it relates to the Goals Committee directions. The Planning commission will then determine which alternatives to recommend to the City Council. Ms. Wordell explained how the alternatives were established. The existing General Plan designations were increased or decreased for both residential and non-residential development in the change areas previously identified. Regarding the Non-residential development a 20 percent increase in the General Plan FAR plus additional requests from four major property holders in the City reflecting their long term needs. The Intermediate Alternative is a 10 percent increase while the decreased alternative is a 10 percent decrease. Regarding Residential development, the decreased number was established by taking residential parcels with development potential and decreasing their General Plan designation by one category. The intermediate alternative is based conceptually on the fact that there are sites in cupertino that could yield residential development. She noted in order to achieve the numbers of residential units suggested by the Planning Commission, high density is required. Ms. Wordell explained Jobs/Housing Ratio as outlined in the staff report. She noted the results show that the decreased and intermediate alternatives improve the existing alternative, but the increase alternative does not. She stated if the Commissioners have any suggestions of changes to numbers, this is the time to change them. In response to Com. Fazekas question, Ms. Wordell stated the computer run will measure traffic, air and noise, utilities, infrastructure, housing parks and some General Plan goals. In response to Corn. Mahoney's question regarding ABAG's figures, Ms. Wordell stated they base their figures on vacancy rate and they do attribute extra numbers to Cities that have a jobs/housing imbalance. Regarding density, Ms. Wordell stated 40-45 units per acre. PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 4 The public hearing was opened. Ms. Nancy Burnett, 729 Stendhal Ln., stated it was the understanding of the people who created the General Plan, that when they were talking about an increase it was based on what is currently on the ground. A decrease would be below existing, which is currently permitted by the General Plan. Ms. Burnett questioned the bonus credits in the General Plan regarding Vallco. Ms. Wordell stated the increase scenario is only the amount of square footage that Vallco requested as a special request, which is above what the General Plan allows. Chr. Mackenzie stated the bonus credits are part of the existing lot. Ms. Burnett questioned the portion of square footage of Vallco that has not be allocated. Mr. Caughey stated 133,000 s.f. of the 450,000 s. f. has not be allocated and in the decreased scenario it has been subtracted. Chr. Mackenzie stated some of the additional square feet does have Use Permit. Mr. Don Burnett, 729 Stendhal Ln., expressed concern regarding the traffic studies and how effective they have been in the past. He felt the Planning commission should be provided with evidence as to the accuracy of the studies. Mr. John Hailey, Tandem Computers, Inc., addressed the Jobs/Housing ratio. He noted the ratios are suggesting that if the housing intensi ty increases the City moves further away from a lower jobs/housing ratio. He felt the ratio for employees per square feet, as determined by staff, are higher than they actually are. Tandem Computer are between 2.5 to 2.7 employees per 1000 square feet and asked the City to take these figures into consideration. Ms. Wordell stated this will be looked into in the evaluation. She noted ABAG will require a scientific methodology for employee density assumptions if the City uses different figures from ABAG. In response to Com. Mann's question Ms. Wordell stated the City has some employee counts. Ms. Nadine Grant, 10463 Henry Creek, expressed concern regarding traffic impact. Ms. Grant questioned under what category is the Forum. Ms. Wordell stated this is under existing general plan build-out. In response to Ms. Grant's question Ms. Wordell explained the variables involved and the quality of life noting it would be a subjective analysis of some of the qualities raised by the Goals Committee. PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 5 Ms. Janet Zeitman, 22907 Cricket Hill Rd., expressed concern regarding the quality of life and growth balance in Cupertino. She questioned why the city needs to grow noting the commercial vacancy rate is high. She stated jobs/housing imbalance should be primary consideration and expressed concern regarding traffic and feels D- level is not acceptable. Ms. Zei tman stated her version of balance would be not to add more buildings until the City deals with what is here now. Get affordable housing into balance. Ms. Susan Mirch-Kretschmann, 20568 Blossom Ln., expressed concern of change area number 7, regarding commercial buildings in the middle of residential neighborhoods. She expressed concern regarding the protection of existing residents and the quality of life in cupertino. She noted the public should be educated as to what is happening in the City. Ms. Joan Maleski, 1469 Poppy Way, stated she had served on the Goals Committee and four more areas had been added to the change areas. She expressed concern regarding area number 7 as it was never discussed by the Goals Committee. She stated she would like to be informed if any changes are made. Chr. Mackenzie explained the process, noting the areas are only potential for change and at this point nothing specific is planned for the areas. Mr. Kilian stated anyone who wishes to be contacted regarding the agenda should leave their name and address with the City Clerk. Mr. Steven Haze, 22681 San Juan Rd., questioned the current vacancy rate for non-residential development. He noted this is valuable information for the public. He suggested Demand Management policies, look at General Plan and ways to manage resources. He noted this review is an opportunity to take a look at Cupertino being a designation place, not just to pass through. He noted the land available for housing and affordability needs to be addressed. Mr. Haze stated polls and surveys are important to find out what the public wants. Com. Mann stated that the city has an ordinance allowing second uni ts on property, this would help out the affordable housing situation. Mr. Phil Zeitman, 22907 Cricket Hill, noted second units are not always affordable. He noted the State mandates affordable housing and this should be addressed rather than commercial development. PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 6 Mr. Mark Kroll, 20300 stevens Creek Blvd., stated that community involvement is very important as are definitions to this process. He noted understanding the existing general plan is important and affordable housing issues need to be addressed. He stated a balance is needed. Mr. Paul Ogenfritz, 10266 Danube Dr., stated affordable housing is needed if there are huge increases in employees and who can't afford to live in cupertino. He noted more recreation space, as outlined in the General Plan, is needed. He noted amenities and housing for the people who live here need to be in the General Plan. Mr. John Sobrato, 10600 De Anza Blvd., noted he was involved in the Goals Committee. He stated, at Apple the employee ratio is 3 employees per 1000 s.f. He noted the figures have changed since a 1985 study by ABAG noting there is now larger space demand for employees. Regarding housing he felt good planning could provide 50 units per acre and not necessarily high rise. He suggested staff look at the ratio of employees per 1000 s.f. using today's figures. He further suggested that the City designate very large parcels, such as ones owned by H.P., Tandem, etc., as potential for density increases and not small lots which· are economically infeasible to increase their density. That density increases should be for specific areas and not broad brushed across the City. This will not only be more efficient for development or mass transportation but will encourage these large world class companies to remain in Cupertino. Mr. Sobrato further stated that the Commission should look at the st. Joseph Seminary property as a site for potential affordable housing Chr. Mackenzie questioned whether the employee ratio will increase when the economy improves. In response, Mr. Sobrato explained that cupertino is no longer a manufacturing community which employee ratios would be sUbject to fluctuations, but an engineering and software driven economy. In response to Corn. Fazekas' question, Mr. Sobrato explained that mixed use development would work better in commercial areas rather than industrial areas. Retail shops need people close by to survive, higher density along Stevens Creek Blvd. would fulfill this need. Mr. Farokh Deboo, 10257 Nile Dr., pointed out that successful large density residential developments have large open spaces adjacent to PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 7 them. He further stated that the city Center residents were led to believe that there would be more open space next to them. He asked that when the commission determines the density that they stick with it. Corn. Mahoney stated that he would like to see percentages added to the charts. He questioned the increase in commercial growth even though the overall density decreased. He stated that he did not think it would be worth it to run the decreased scenario. Com. Fazekas felt the residential density is high. He suggested adding an economic study, were the residential density is increased and commercial/industry maintains to current General Plan. This is assuming that there is not enough commercial to help finance the housing. Mr. Caughey stated the intentions of this meeting was to have the commissioners agree upon a defined range of alternatives, he suggested another hearing with all assumptions written out and the alternatives better defined. Com. Fazekas stated they are working with the assumptions and if the Commission agrees staff can proceed. Mr. Phil zeitman expressed concern regarding complete build-out. He stressed there is no such thing as build-out and felt it was a waste of time to consider this scenario. Chr. Mackenzie explained one of the requirements of writing a General Plan is that a study is done of a full build-out scenario. Ms. Nadine Grant questioned why start at the extreme ends and not in the middle. Com. Austin stated the four studies are being done to look at the impact on the City, a point of reference is needed. The Planning Commission directed staff to proceed with the four alternatives as specified in the staff report. commissioner Mann left the meeting at 10 p.m. PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 8 3. Application No(s): Applicant: Location: 81,003.618 City of Cupertino Citywide applicability Review and finding of proposed revision of Program. General the Five Plan Year consistency for the Capital Improvements staff Presentation: Mr. Mark Caughey presented the staff report noting the intent is the finding of General Plan consistency and also environmental determination on the program itself. He noted many of the programs which are described in the Capital Improvements budget will require separate environmental assessments at the time the projects are defined. This hearing is to determine the legislative act of adopting the program and, if any, environmental implications this would have. The Environmental Review Committee has recommended a Negative Declaration. Mr. Caughey stated this Program has not changed much from last year, some of the timing and priortization of various projects have been modified from year to year, but the pallet of projects has remained unchanged for the last 2 or 3 years. Mr. Caughey explained consistency with the General specifically open space and street improvements. Plan, Chr. Mackenzie closed the pUblic hearing. MOTION: SECOND: ABSENT: VOTE: MOTION: SECOND: ABSENT: VOTE: Corn. Mahoney moved to recommend granting a Negative Declaration Com. Fazekas Com. Mann Passed 4-1 Corn. Fazekas Plan in the findings and Com. Mahoney Com. Mann Passed moved to find consistency with the General Five Year Capital Program subject to the subconclusions of the hearing. 4-1 NEW BUSINESS: PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 9 4. INTERPRETATION of Ordinance seating in retail grocery customers for on-premise purchased in the store. 1344 to allow for provision of stores for incidental use by consumption of food products staff Presentation: Mr. Mark Caughey stated the grocery retail industry is looking for opportunities to place seating inside stores to accommodate customers buying prepared foods to eat on the premises. Under interpretation of the Commercial Ordinance such acti vi ty would be deemed a restaurant, which does require Use Permit review. Mr. Caughey reiterated the guidelines as outlined in the staff report. Staff feels this operation is self-regulating and would not evolve into a defacto restaurant as long as the guidelines were followed. Chr. Mackenzie expressed concern regarding people taking advantage of the situation. Mr. Caughey stated staff could come before the commission for a re-interpretation of the Ordinance. The public hearing was opened. Mr. Greg Endum supports the interpretation of the Ordinance. He noted there has been a change in the supermarket· industry and it is economically sound to have eating establishments on the premises. He noted stores have grown to accommodate more services for the public and noted the seating area would be less that 2 percent of the floor space in the Marina food store. He spoke in support of the guidelines. Mr. Charles Newman, Cupertino village, spoke in support of staff's recommendation Mr. Don Cochran, resident, stated the seating in the grocery stores would be a benefit to the City and convenient to residents. He noted it would cut down on traffic at the lunch period. In response to Com. Mahoney's question regarding changing the interpretation if it does not work, Mr. Kilian stated the Resolution could be rescinded, however it would be difficult to not allow an existing establishment to continue. The ordinance could be changed in the future. Com. Fazekas felt the problem would be with smaller grocery stores and suggested a cap of 4 percent floor space and max of 1 seat per 500 s.f. Com. Austin expressed concern regarding consumption of alcohol on the premises. Mr. Kilian stated a separate license would be PLANNING COMMISSION MINUTES Regular Meeting of March 25, 1991 Page 10 required for this. Chr. Mackenzie expressed concern regarding outside seating. Mr. Caughey stated it is indoor seating only. Mr. Kilian suggested changing the words "regulatory principles" to guidelines as an ordinance is not being adopted and also a provision allowing the Director of Planning to require a Use Permit even though the applicant meets all the guidelines. MOTION: SECOND: ABSENT: VOTE: Com. Fazekas moved to approve the Interpretation of Ordinance 1344 subject to the findings and subconclusions of the hearing with the following modifications: Add the word "indoor" in the title of the Resolution; Next paragraph to read "The Director of Community Development may allow seating within a retail grocery outlet without a Use Permit, provided that the following guidelines are met; Add #7 the number of seats within a grocery store shall be no greater than one per 500 s. f.; Add #8 Alcoholic beverages cannot be consumed within the seating area; Add #9 Director of Planning, at his discretion, can require a Use Permit for said seating. Corn. Mahoney Corn. Mann Passed 4-1 REPORT OF THE PLANNING COMMISSION: Com. Fazekas reported on the Mayor's Luncheon and explained the new format and the Commission and Staff Members who should attend. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None DISCUSSION OF NEWSPAPER CLIPPINGS: - None