PC 01-10-83
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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