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PC 01-10-83 :' 'Q CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 Telephone: (408) 252-4505 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION HELD ON JANUARY 10, 1983 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA Chairperson Adams called the meeting to order in the Council Chamber at 7:30 p.m. SALUTE TO THE FLAG ROLL CALL Commissioners Present: Commissioners Absent: Binneweg, Blaine, Koenitzer, Chairperson Adams Claudy Staff Present: Director of Planning and Development Sisk City Clerk Cornelius Assistant Planning Director Cowan Associate Planner Piasecki City Attorney Kilian (7:35 p.m.) APPROVAL OF MINUTES Minutes of Regular Meeting of November 8, 1982 - It was moved by Com. Koenitzer, seconded by Com. Binneweg and passed with Com. Adams abstaining to approve the November 8, 1982 minutes as submitted. Minutes of Regular Meeting of December 13, 1982 - It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to approve the December 13, 1982 minutes. POSTPONEMENTS OR NEW AGENDA ITEMS - None WRITTEN COMMUNICATIONS A notification was received from the League of California Cities regard ing a Planning Commission institute. A petition from Roundtree Homeowners Association will be considered wit Agenda Item No.3. A letter was received from the Multi Modal Task Force. ORAL COMMUNICATIONS - None PUBLIC HEARINGS 1. Application l2-U-82 of William Kelley: Use Permit to construct a six-story office building equaling approximately 52,000 sq. ft. in a P (Planned Development with commercial/office intent) zone and PC-405 Page 1 November 8 minutes approved December 13 minutes approved MINUTES THE THE JANUARY 10, 1983 PLANNING CO~lliISSION MEETING Com. Blaine expressed agreement with Com. Koenitzer stories. She felt that the proposed building would surrounding buildings and stated a preference for a of the proposed building. regarding four not harmonize with lower FAR than that Chairperson Adams felt that the proposed six stories was too high for the character of the neighborhood and would like to see the two top stories removed. Mr. Bernstein informed the Commission that the Cali Mill and Flint Center have been pointed out to help them relate to a building of that height. Mr. Kelley stated that investors don't care if a building goes up in Cupertino or elsewhere. He stated that economically he could not do the same building with the proposed amenities if restricted to four storie He stated that if the Commission wants a four-story building with an FAR of .6, he could not build it and that choices must be balanced with economics. Paula Tice, Roundtree, spoke in opposition to six stories at that lo- cation as she felt it would be out of character. She stated that there was already enough traffic. She was not even sure if she would want four stories at that location. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to close the public hearing. Mr. Kelley informed the Commission that he could design a four-story building with underground parking with an FAR of 1.0. Commissioners Koenitzer and Blaine and Chairperson Adams spoke in favor of an FAR of .6. Mr. Kelley said that with the .6 FAR there would be no underground parking and the building would be about 35 ft. He informed the Com- mission that he was not interested in this application at a .6 FAR. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to reopen the public hearing. PC-405 Page 3 Public hearing closed Pub 1 ic hear ing reopened It was moved by Com. Blaine, seconded by Com. Koenitzer and passed Public hearing unanimously to continue the hearing to the meeting of February 14, 1983. continued 2. Application l6-U-82 of Shell Oil Company (Howard Smith): Use Permi to construct a self-service cashier's kiosk at an existing service station and Environmental Review: The project is categorically exempt, hence, no action is required. The subject property is located on the southwest corner of Homestead Road and Wolfe Road in a P (Planned Development with commercial intent) zoning district. First Hearing. Tentative City Council hearing date - January 17, 1983. PC 5 Page 4 Public hear- ing closed l6-U-82 recom- mended for approval MINUTES OF THE JANUARY 10, 1983 PLANNING COMMISSION MEETING Associate Planner Piasecki reviewed the application with the Commission. Mr. Howard Smith representing Shell Oil Co., San Bruno, informed the Commission that they were introducing data processing equipment that would need to be protected from the elements. Therefore the kiosk was necessary. Discussion followed regarding service stations changing their service areas into mini-marts. Walter Ward, General Manager, Val1co, stated that the Shell lease is for a service station. Although the lease does not require a repair service, Vallco had refused the company's request for gas only. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. It was moved by Com. Koenitzer, seconded by Com. Binneweg and passed unanimously to recommend approval of Application l6-U-82 per Standard Conditions 1-14, Conditions 15, 16 and 17, findings and subconclusions per staff report. RECESS: 9:15-9:22 p.m. 3. Applications l6-Z-82 and l7-U-82 of Moyer Associates: Rezoning approximately .75 gross acre from CG (General Commercial) zone to P (Planned Development zone or whatever zone may be deemed appropriate by the Planning Commission; Use Permit to construct a second story addition on an existing 7,100 sq. ft. single-story office building and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the southwest corner of Stelling Road and McClellan Road. First Hearing. Tentative City Council hearing date - February 7, 1983. Assistant Planning Director Cowan reviewed the applications with Commission, including the site plan. He stated that at the present time the level of traffic service at the intersection of the proposed expansion is a liD" level. He also showed elevations of the proposed addition as viewed from Stelling Road. A petition from members of the Roundtree Homeowners Association was presented to the Commission. This petition expressed a concern regarding privacy intrusion. Mike Moyer, 430 Sherman Avenue, Palo Alto, architect, stated that he had been concerned with the relationship of the building to neighboring residential area. He designed the building in a scale to blend with the area. He had met with members of Roundtree and had been pleased with their response. He had received no negative comments but had heard support of the concept that was being presented to the Commission. He stated that he received a letter that day with negative feelings. Setbacks on the planned second story were bigger than that required for residential. Landscaping is planned to provide additional screening from the residential area. Additional parking spaces were planned as well as restriping in the parking lot. MINUTES OF THE JANUARY 10, 1983 PLANNING COMMISSION MEETING Paula Tice, 10566 White Fir She felt that one floor was well into the neighborhood. building were quiet and the Court, opposed the proposed second floor. appropriate and that a single story blends She stated that the employees in the landscaping was well maintained. A woman resident of Roundtree stated that she was directly affected by the second story. She felt the site drawing presented was not exactly accurate and that anyone on the proposed second story could see directl into her upstairs bedroom and bathroom. She stated that from her livingroom she would be looking straight at a wall if the second story were built. She felt the building was appropriate as it presently is. She stated that the architect had not received complaints before be- cause the residents did not know about the building until they got the City notice. She stated that the manager of Roundtree may have known, but not the tenants. Anita Stephens said she had no complaints about the way the building looks now. She said that people do work at night and sometimes make noise. She had been awakened during the evening. At present she was not complaining. However, with two stories there would be more workers and theretore more disturbances at night. She stated that car doors slam. In regard to the view from the proposed second story, she stated that people do not look just straight ahead but could look down. She also stated that lights in the parking lot were disturbing. Marie Brown, Roundtree, Secretary of the board, said that the architect had shown her the deck on the north side of the building facing De Anza College and the drawings presented to the Commission showed the deck on the south side facing the residences. She also stated that the homoeowners assoclation was not correctly notified of the hearing. Nancy Hertert, San Juan Road, asked if a curb cut for the handicapped was part of the application. She was informed that it was. Discussion followed regarding the line of sight from the second story balcony and measures taken to assure privacy for the residences. Walt Hoefler, building owner, stated that the industry presently has 24 hour shifts in one section of the building. Mr. Moyer stated that the balcony had been on the south side when pre- sented to the homeowners association. It was moved by Com. Binneweg, seconded by Com. Blaine and passed unanimously to close the public hearing. It was moved by Corn. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend the granting of a Negative Declaration for Applications l6-Z-82 and l7-U-82. It was moved by Com. Blaine, seconded by Com. Koenitzer and passed unanimously to recommend Application l6-Z-82 be approved per Standard Conditions 1-14, Condition 15 and 16 per staff ,eport. PC-405 Page 5 Public hearing closed Negative Dec. for l6-Z-82 and l7-U-82 l6-Z-82 recom- mended for approval F 05 Pa!',e 6 l7-U-82 recom- mended for approval MINUTES OF THE JANUARY 10, 1983 PLANNING COMMISSION MEETING It was moved by Com. Blaine, seconded by Com. Binneweg and passed unanimously to recommend approval of Application l7-U-82 per Standard Conditions 1-14, Condition 15, findings and subconclusions per staff report. The Planning Commission, by consensus, agreed that Agenda Items 5, 6 and 7 would be continued to Wednesday, January 12, 1983 at 7:30 p.m. 4. Applications 19-U-82 and l4-TM-82 of John Vidovich (Dr. Joseph Browo): Use Permit to construct a 62,000 sq. ft., three-story office building; Tentative Subdivision Map to combine five existing lots into one lot and Environmental Review: The Environmental Review Committee recommends the granting of a Negative Declaration. The subject property is located on the west side of De Anza Boule- vard approximately 250 ft. north of Lazaneo Drive and 450 ft. south of Mariani Avenue in a P (Planned Development with commercial, llght industrial and residential, 4-10 dwelling units per gross acre, intent) zoning district. First Hearing. Tentative City Council hearing date - January 17, 1983. Associate Planner Piasecki reviewed the application with the Commission. He stated there were two large pepper trees on the property that could be included in the plans by shifting the driveway slightly. He stated that should the Commission wish to do this that would be a separate condition of approval. He also stated that it would be necessary to adopt a Minute Order regarding the trip manual should the Commission approve the transfer of trip ends. Discussion followed regarding the incorporation of the property on which an auto parts and machine shop is presently located. By doing this it would not be necessary to plan the new building around the older one. John Vidovich, applicant, stated that he had some questions to ask staff. In regard to the tentative map, he stated that he planned to combine lots only if the use permit were approved. He was informed that he should therefore not record the map should the use permit not be approved. He requested clarification of Condition 19 regarding van pools. He asked if he would finance the pilot program or just pro- vide financing if the pilot program were successful. He was informed that if such a program were instituted he would have a voice in it and there would be no time limit. He also inquired regarding Condition 17 which pertains to a local improve- ment district. He informed the Commission that the pepper trees on the property were scraggly, leaning over and were dirty. He stated that new landscaping would be much better. He stated that there is a time limit on the development as he has control of all parcels for only a limited amount of time. Denis Henmi. architect, 1550 Bryant Street, San Francisco, informed the Commission that there was a baked enamel metal screen to cover the mechanical devices on the roof. Com. Koenitzer stated he would prefer those to be out of sight. Mr. Henmi said that he could raise the height of the parapets. He informed the Commission that if the auto shop were not there an entry plaza from De Anza could be built. MINUTES OF THE JANUARY 10, 1983 PLANNING COMMISSION MEETING Mr. Ed Murphy, owner of the auto parts store property, said that the people in the auto parts store have a five year lease and an option for a five year renewal. He stated that his parcel was small as he has previously dedicated land to the City. Ann Anger, Monta Vista, said that she was pleased with the building and liked to see De Anza Boulevard developed. She also stated that it would be nice to have the auto parts store property as part of this development also. The Commission discussed the proposed trip transfer. Commissioners Blaine and Koenitzer stated that it would be better if the streets in- volved in the transfer were going in the same direction. The Commissio felt it would not be necessary to save the pepper trees. Com. Koenitzer objected to the traffic layout and the location of the trash container. Com. Blaine felt the building architecture was not up to the standards she would want on De Anza Boulevard. She wanted a more interesting design. Com. Koenitzer agreed with this. Chairperson Adams stated that he shared many of the concerns of the ASAC as mentioned in the minutes of their meeting. Com. Binneweg felt that the proposed building is the same type archi- tecture as presently located on North De Anza Boulevard. Mr. Henmi stated that he feels the building blends well with the land- scaping and that certain additional items would be additional costs and would conflict with budget requirements. He told the Commission that the structure as proposed is leasable as the space is not broken up. He said he could play around with the colors but not much could be done with the building. He stated he would work with the staff regard- ing traffic circulation, and in fact had worked with staff. Mr. Vidovich said it is not a cheap building. It has a steel frame and brick surface, the same as the Levi Plaza in San Francisco. It uses non-reflective glass. It is not a square building and the building as proposed has relief. He requested either a denial or approval of the plan presented and not a continuance. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to close the public hearing. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend the granting of a Negative Declaration for Applications 19-U-82 and l4-TM-82. It was moved by Com. Koenitzer, seconded by Com. Blaine and passed unanimously to recommend approval of Application l4-TM-82, Standard Conditions 1-14, Condition 15, Condition 16 corrected to state lIex_ tending east to the easterly property line; and east to De Anza Boule- vard."; and Condition 17; findings and subconclusions per staff memo. PC-405 Page 7 Public hearing closed Negative Dec. for 19-U-82 and l4-TM-82 l4-TM-82 recom· mended for approval