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CC 07-17-07C O P E RT I N O APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, Jule 17, 2007 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the meeting; to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang, Vice-Mayor Patrick Kwok, and Council members Orrin Mahoney and Dolly Sandoval. Absent: Richard Lowenthal. CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 1. Recognize Ken Waldvo~el as the new Santa Clara County Fire Department Chief. (No documentation in packet). Chief Waldvogel talked about the departm~:nt and distributed the Annual Report. 2. Presentation from Whole Foods on the occasion of its grand re-openin ig n Cupertino. (No documentation in packet). Store manager Scott Sherman talked about the new store and noted that the grand opening is scheduled for August 22. 3. Presentation by Mary Ann Barnes, Senior Vice President and Area Manager of Kaiser Permanente's Santa Clara Service Area on the new hospital facility. (No documentation in packet). Mary Ann Barnes gave highlights of the new medical facility and noted that the opening is scheduled for August 7. Vice Mayor Kwok asked about adding alert-hand turn lane into the facility. Ms. Barnes said that they are working with the City of Sunnyvale to accomplish that. Mayor Wang added a proclamation to Monta Vis1:a High School graduate Harold Hanrehan who achieved the designation of Eagle Scout on Octobc;r 19, 2006. July 17, 2007 Cupertino Cite Council Page 2 4. Proclamation for Senior Center piano acid keyboard members. (No documentation in packet). This item was not discussed. POSTPONEMENTS -None WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following items at the meeting: • Letter from Victor Dervin dated July l l to Steven Solis from the Department of Alcoholic Beverage Control regarding Item 8C, Arya Global Cuisine • Email from James Black dated July 17 reg~~rding Item 11, appeal of the DeCarli residence • Letter from Anna Wilbur dated July 17 regarding Item 11 • Email from Kim and Ron Smith dated July 17 regarding Item 11 ORAL COMMUNICATIONS Public Safety Commissioner Fari Aberg distributed handouts regarding the Health and Safety Fair to be held Saturday, August 25 from 10-3 at ~:he Cupertino City Hall Plaza and Field, 10300 Torre Ave. Rhoda Fry asked Council to set policies to make it easier for residents to get reimbursed for damages to private property caused by city-owned trees and golf balls from City-owned golf courses. Ruby Elbogen talked about the upcoming American Cancer Society Relay for Life to be held beginning at 10 a.m. on July 28 and 29 at the De Anza College track. She noted that more information could be found on the Chamber of Commerce website. Council member Dolly Sandoval noted that Cu~~ertino residents had received a "Know your Neighbor" card included in the Cupertino Scene this month. She encouraged residents to use the cards to get out and meet their neighbors by exchanging information with them. Public Information Officer Rick Kitson noted that the; card came out of a program that the City Manager's office started a few years ago. He e~;plained that usually the first responder in an emergency is your neighbor and the better you know your neighbor the better off you are, and vice versa. July 17, 2007 Cupertino Cit;~ Council Page 3 CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item 8, which was pulled for discussion. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Lowenthal. 5. Approve the minutes from the July 3 City (~ouncil meeting. 6. Adopt resolutions accepting Accounts Payable for June 29 and July 6, 2007, Resolution Nos. 07-124 and 07-125. 7. Adopt resolutions accepting Payroll for Jude 29 and July 13, Resolution Nos. 07-126 and 07-127. 9. Accept Alcoholic Beverage License applia~tions for Whole Foods Market, 20955 Stevens Creek Blvd. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Accept applications for an Alcoholic Beverage License: a) Simply Thai, 21267 Stevens Creek Blvd., Ste. 340 (Oaks Shopping Center) b) Southland Flavor Cafe, 10825 N. V~~olfe Rd. (Cupertino Village) c) Arya Global Cuisine, 19930 Stevens Creek Blvd. (formerly Lorie's Diner) Kwok/Mahoney moved and seconded to approve the alcoholic beverage licenses for Simply Thai and Southland Flavor Cafe as presented. The alcoholic beverage license for Arya Global Cuisine was approved subje~~t to verification that their hours of operation conform to City ordinances. Community Development Director Steve Piasecki noted that a use permit would be required if they want to operate beyond 11:00 p.m. The motion carried 4-0, with Lowenthal absent. PUBLIC HEARINGS 10. Consider an appeal of the Planning Commission's decision to approve a Residential Design Review for a new, two-story 2,6!3 square foot residence. Application No. R- 2006-62, Ray Chen (Lin residence), 7153 Stanford Place, APN 359-32-039. The appellants are Richard Whittington, Lixin (Caine) Yu, and Larry Line. At 7:40 p.m. Mayor Wang opened the public hearing. Appellant Larry Line showed pictures of the neighboring houses and quoted different sections from Chapter 19.28 of the Cupertino Municipal Code, noting that the main complaint from all the appellants is treat the proposed design does not meet the July 17, 2007 Cupertino Cite Council Page 4 requirements of the Municipal code witr~ respect to the scale, design, mass and bulk compared with the predominant neighborh~~od pattern. Appellant Caine Yu said that a majority of the neighbors signed a petition against the proposed design and would be impacted b}' the proposed project. Appellant Richard Whittington said that he doesn't object to the second story but to the large entryway and large vertical wall on one side. He said the appellants would like the applicant to limit the structure enough to b~~ more compatible with the neighborhood. Charles Rubidart, neighbor on Tiptoe Lane, said that staff has been working with the neighbors to achieve as much privacy as ~~ossible in regards to the project. He said that the planning department told him in 198'1 and in 1994 that he would never be able to build a second story on Tiptoe Lane. He encouraged the Council to amend the zoning ordinance on common property lines to avoid conflict. Community Development Director Steve Piasecki responded that residents in 'his neighborhood would have an opportunity to apply for a use permit to build a second ;story, but that they would probably be held to greater scrutiny by the neighbors as a result. Project Engineer and applicant Ray Chen said that the Cupertino Municipal Code states that it is okay to build a second story on Stanford Place. He noted that he is not asking for exceptions or variances, and is working closely with planning staff and neighbors to build an ordinary and modern-looking home. Jennifer Griffin said that Stanford Place currently has no second stories, and have only ranch style homes that are traditional in ~~alifornia and should be respected. She noted that Stanford Place is not a transitional neihborhood and most homes would be upgraded to a ranch style home. She said she was concerned about having no second story setback on the right side. , Dan Borrego, neighbor on Tiptoe Lane, said that he and the applicant have come to an agreement about privacy but the house is too large overall and would be imposing to the neighbors. He said that the R1 overlay was supposed to encompass the whole Laurelwood neighborhood and asked that this be lookc;d into before the project is approved. He said he opposed the project. At 8:20 p.m. Mayor Wang closed the public hearing. Mahoney/Kwok moved and seconded to uphold the appeal and directed additional modifications to the plans: Lower the entry feature by six inches; move the entry back at least two feet; provide a minimum of two feet by the width of the upstairs bathroom along the second floor wall plane on the right elevation; and lower the bay window as suggested by staff. Plans are to be approved by the Design Review Committee (DRC) and neighbors will be notified of the DRC meeting. The motion carried 4-0, with Lowenthal absent. July 17, 2007 Cupertino Citr~ Council Page 5 11. Consider an appeal of the Planning Commission's decision to deny a Hillside Exception to construct a 689 square foot second stor}~ addition to an existing residence for a total of 6,870 square feet, which exceeds the 6,SOC~ square feet allowed, and an exception to build on a prominent ridgeline, Application 1~io. EXC-2007-02, Jennifer Jodoin (DeCarli residence), 11640 Regnart Canyon Road., APN 366-33-006. The appellant is Jennifer Jodoin. At 8:45 p.m. Mayor Wang opened the public hearing. Jim Walker, neighbor, said that he suppot7;s the project, but wants to be sure that there is appropriate screening from the neighbors and from the valley floor. He noted that most neighbor issues are privacy, landscape, screening, and paint color. Jon Garliepp, neighbor, said that the squa~•e-footage isn't a problem as long as it doesn't infringe on the neighbors. He noted that the house stands out from Rainbow due to the paint color and he would like to see green :>creening planted in between the houses. Jennifer Griffin said that at some point there was a maximum house size set at 6,500 square feet for the hillside. She encouraged Council to maintain that limit as much as possible because it may set a precedent. Applicant Jennifer Jodoin said she is asking for an additional setback into the hillside to accommodate the living needs of the family with no impact on the community. She noted that she has letters of support from the neighbors and has no problem adding a condition to put a landscape plan in place. At 9:05 p.m. Mayor Wang closed the public hearing. Mahoney/Kwok moved and seconded to deny the appeal of the hillside exception and uphold the Planning Commission's denial, so the exception would not be allowed. The motion carried 4-0, with Lowenthal absent.. 12. Consider an appeal of the Planning Commission's decision to deny the installation of a wireless communication facility at an existing office center (Stevens Creek Office Center), Application No. DIR-2006-07; D~rvna A ug irre (T-Mobile), 20833 Stevens Creek Blvd, APN 326-32-050. The appellant is Dayna Aguirre. Applicant Dayna Aguirre showed a photo simulation of another antennae in the Santa Cruz area noting that the antennae is in a I-ipe that sticks five feet above the roofline. She said this could also be done with the antemiae for the current application. Mahoney/Sandoval moved and seconded to uphold the appeal and approve the applicant's request for a Director's Minor Modific~~tion to allow a wireless telecommunication facility with the following conditions: Plant three, 36-inch box flowering pears in empty July 17, 2007 Cupertino C1t:J Council Page 6 tree wells; have a maximum 10-year teirn of approval (state law); the antennas and mounting hardware shall be screened where visible from the street with a full perimeter roof screen subject to staff and DRC approval. The motion carried 4-0, with Lowenthal absent. Council recessed from 9:30 to 9:40 p.m. Mayor Wang reordered the agenda to take up Item No. 15 next. NEW BUSINESS 15. Conduct a hearing to approve assessment of fees for annual weed abatement program (private parcels), and adopt Resolution No, 07-128. Kwok/Sandoval moved and seconded to adopt Resolution No. 07-128. The motion carried 4-0, with Lowenthal absent. PUBLIC HEARING (Continued) 13. Consider Application Nos. U-2006-13, ASA-2006-22, TM-2007-02, Z-2006-OS (EA- 2006-18), Lawrence Guy, 10855 N. Stelling_Road, APN 326-07-037: a) Use Permit and an Architectural Site Review to construct 20 attached and detached single-family residential units on a 1.1-acre site (northwest corner of Stelling Road and I-280) b) Tentative Map to subdivide a 1.1-acre parcel into 20 parcels and one common parcel c) Rezoning of a 1.1-acre parcel ~:rom BQ (Quasi-Public) to P-Res (Planned Residential) First reading of Ordinance No. 07-:'.007: "An Ordinance of the City Council of the City of Cupertino Rezoning 1.1 acres of property located at 10855 N. Stelling Road from BQ (Quasi-Public) To P-Res (Planned Residential Zoning District Application Z-2006-05." Applicant Lawrence Guy said that he worked with staff to incorporate all the changes they asked for. He said that he is not asking for any variances and is cooperating with the beautification of the bridge by adding a double row of trees along Stelling Road. He noted that the project design is well planned, contributes to the community, and has support from the church and the neighbors. Architect Glenn Simmons reviewed the Las Palmas project via a PowerPoint presentation: The project is surrounded or.~ two sides by a church; a gate would be added to separate the properties; the Villa Serra project across the street is a much higher density July 17, 2007 Cupertino Cite Council Page 7 than the Las Palmas project; a buffer woulcl be created along the freeway edge by planting trees; the features of the project use the `Jictorian architecture of the Tracy House that currently exists at the site; wrap-around porches would bring traditional values to the project; and there would be a center public area. At 10:16 p.m. Mayor Wang opened the public hearing. Jay Hopkins said that traffic would be adversely affected around Gardenia and Stelling, especially with the Villa Serra and Whole- Foods projects. He also said that he believes schools would be impacted too. Jay Cena, Public Safety Commissioner, sh~~wed pictures of cars lining up on the road and said he was concerned about traffic between 4:30 p.m. and 7:00 p.m. He noted that in conjunction with the other development t~rojects in the area, the traffic would only get worse, especially on Stelling. Jennifer Griffin said that the fate of one of the last historical homes in Cupertino (the Tracy House) is in danger of being destro}~ed with this project. She said that Cupertino is the only city in Santa Clara County that ha:; no ordinance to protect antiquities. Ned Britt said that the General Plan could be changed to rezone inconsistency or this area could be rezoned for low-density housin€; instead, and this is an excuse to build more high-density housing. He urged Council to not narrow Stelling too much because traffic would be adversely affected. Darrel Lum said he was concerned about the loss of quasi-public land, traffic, school crowding, and health issues for children. He cited a study that talked about children living near busy highways having serious lung pr~~blems that affect them the rest of their lives. Steve Scharf said that the project is inconsistent with the neighborhood and that smaller lots would be more appropriate. He also expressed concern about the traffic in the area especially with the Villa Serra development also happening there. He noted that he has heard from applicants that the City staff leas been forcing them to develop projects that are higher-density and inconsistent with the neighborhoods and he hopes to avoid another referendum and costly election due to ;~n inappropriately rezoned area. Community Development Director Steve Piasecki responded to the comments and said that the General Plan designates what can be zoned where and that the density for this particular project is actually less than the General Plan because it's the better design. Tom Hugunin noted three concerns he has with the project: Rezoning to residential is a problem in quasi-public land because it's ;hard to find land for churches; he doesn't want to see the Tracy House destroyed and said it's a shame that Cupertino doesn't have laws protecting old houses; the Homestead Road Master Plan in the General Plan has never been completed, and the City shouldn't develop there without a master plan. He said that keeping the land zoned as quasi-public would mean only traffic on Sundays rather than everyday. July 17, 2007 Cupertino Cite Council Page 8 At 10:38 Mayor Wang closed the public hearing. The motions were taken in reverse order. The Deputy City Clerk read the title of the Ordinance. Kwok/Mahoney moved and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Ayes: Kwok, Mahoney, Sandoval, and Wang. Noes: None. Absent: Lowenthal. Kwok/Mahoney moved and seconded to approve the Tentative Map with 12 attached and 8 detached units and one common area. Tl-e motion carried 4-0, with Lowenthal absent. Kwok/Mahoney moved and seconded to adopt the Use Permit and Architectural Site Review for 12 attached and 8 detached units, and one common area with the additional condition to eliminate on-street parking and have all 56 parking spaces on-site. The motion carried 4-0, with Lowenthal absent. UNFINISHED BUSINESS 14. Authorize removal of the Scenic Circle :grid e as part of the Stevens Creek Corridor Restoration Project. City Manager Dave Knapp distributed a memo from Consultant Shawn Chartrand from Balance Hydrologics, Inc. Phil Phlager requested that the bridge remain for access to Scenic Circle from Monta Vista. Jim Bodwin said that a replacement bridge plan should be in place before the bridge is removed. Michael Stanek said that local park and trail access is crucial especially to the Stevens Creek Corridor Park and that no access is in opposition to the idea of walkability and biking in Cupertino. He urged Council to commit to a new bridge before tearing out old one. Leslie Fowler said she would like her children to have access to the park because of the busy streets surrounding her house. She urged reconstruction of the bridge rather than removing it. Anne Ng urged Council to replace the ti~ridge with an ADA acceptable bridge before removing it. She also urged Council to m;rke the San Fernando entrance to the park safe for cyclists and pedestrians. July 17, 2007 Cupertino Cit;~ Council Page 9 Carol Stanek urged Council to explore all options first and then commit to a new bridge as necessary. I. Yuen showed pictures of the bridge. He said that the bridge is in poor condition and needs to be removed now or the City might have legal issues. He noted that the City should focus its resources on making facilities better in Blackberry Farm instead of building a new bridge for access to a restoration area. No action was taken. NEW BUSINESS 15. Conduct a hearing to approve assessment of fees for annual weed abatement program (private parcels), and adopt Resolution No. 07-128. This item was taken up earlier in the meeting. 16. Consider adopting a resolution to amend attendance requirements for city boards and commissions, Resolution No. 07-129. Sandoval/Kwok moved and seconded to adopt Resolution No. 07-129. The motion carried 4-0, with Lowenthal absent. 17. Designate a voting delegate and alternat~_ for the League of California Cities Annual C'nnfPrPnrP Sandoval/Kwok moved and seconded to designate Mayor Wang as the delegate, Vice Mayor Kwok as the first alternate and Col~ncil member Mahoney as the second alternate. The motion carried 4-0, with Lowenthal absent. ORDINANCES -None STAFF REPORTS -None COUNCIL REPORTS -None ADJOURNMENT At 12:32 a.m. on July 18 the meeting was adjourned to August 21. The first meeting in August was cancelled. ~~~ ~~ Grace Schmidt, Deputy City Clerk July 17, 2007 Cupertino Cite Council Page 10 Staff reports, backup materials, and items distrib~.~ted at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on C<<ble Channel 26, and are available at your convenience on the web site: Visit www.cupertino^or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library. or may be purchased from the Cupertino City Channel, 777-2364.