03-15-11 Bookmarked Packet.pdfTable of Contents
Agenda 3
February 15 City Council minutes
Draft Minutes 8
March 1 City Council minutes
Draft Minutes 19
Accounts Payable for period ending February 18, 2011
Draft Resolution 27
Accounts Payable for period ending February 25, 2011
Draft Resolution 37
Payroll for period ending February 18, 2011
Draft Resolution 44
Approve destruction of records from the City Clerk department
Draft Resolution 45
Destruction Inventory 46
Alcoholic Beverage License, Bombay Oven, 20803 Stevens
Creek Boulevard (near Saich)
Staff Report 48
Application for Alcoholic Beverage License 49
Alcoholic Beverage License, Shanghai Garden Restaurant,
20956 Homestead Road, Suites A2 & A3 (Oakmont Square at
Homestead & Stelling)
Staff Report 50
Application for Alcoholic Beverage License 51
Quitclaim Deed and Authorization for Underground Water
Rights, SI 24, LLC, 10600 North De Anza Blvd
Resolution 52
Quitclaim Deed 53
Map 57
Quitclaim Deed and Authorization for Underground Water
Rights, Suresh R. Tammana and Subha P. Tammana, 22140
Hibiscus Drive
Resolution 58
Quitclaim Deed 59
Map 63
Alternative trail alignments for Stevens Creek Corridor Project
Phase II
Staff Report 64
Matrix 67
Municipal Code amendments regarding reconsideration of items
by City Council
Staff Report 68
Draft Ordinance 70
Second reading and adoption of Municipal Code amendments
to the Parking Ordinance
Staff Report 73
1
A: Ordinance 11-2074 74
B: Strike out version of pages affected by changes
introduced by the City Council motion 99
February 15 Redevelopment Agency Minutes
Draft Minutes 103
2
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, March 15, 2011
6:45 PM
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE – 6:45 PM
ROLL CALL
CLOSED SESSION - None
STUDY SESSION
1. Subject: Study session regarding trail alignment for Stevens Creek Trail Corridor Project
Phase II
Recommended Action: Conduct study session
Page: No written materials in packet
CEREMONIAL MATTERS – PRESENTATIONS
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
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Tuesday, March 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
2. Subject: February 15 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 8
3. Subject: March 1 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 19
4. Subject: Accounts Payable for period ending February 18, 2011
Recommended Action: Adopt Resolution No. 11-033
Draft Resolution
Page: 27
5. Subject: Accounts Payable for period ending February 25, 2011
Recommended Action: Adopt Resolution No. 11-034
Draft Resolution
Page: 37
6. Subject: Payroll for period ending February 18, 2011
Recommended Action: Adopt Resolution No. 11-035
Draft Resolution
Page: 44
7. Subject: Approve destruction of records from the City Clerk department
Recommended Action: Adopt Resolution No. 11-036
Draft Resolution
Destruction Inventory
Page: 45
8. Subject: Alcoholic Beverage License, Bombay Oven, 20803 Stevens Creek Boulevard (near
Saich)
Recommended Action: Approve application for On-Sale Beer & Wine
Staff Report
Application for Alcoholic Beverage License
Page: 48
9. Subject: Alcoholic Beverage License, Shanghai Garden Restaurant, 20956 Homestead Road,
Suites A2 & A3 (Oakmont Square at Homestead & Stelling)
Recommended Action: Approve application for On-Sale Beer & Wine
Staff Report
Application for Alcoholic Beverage License
Page: 50
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Tuesday, March 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
10. Subject: Quitclaim Deed and Authorization for Underground Water Rights, SI 24, LLC,
10600 North De Anza Blvd
Recommended Action: Adopt Resolution No. 11-037
Description: The property owner of this commercial development agrees to grant to the City
the right to extract water from the basin under the overlying property
Resolution
Quitclaim Deed
Map
Page: 52
11. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Suresh R.
Tammana and Subha P. Tammana, 22140 Hibiscus Drive
Recommended Action: Adopt Resolution No. 11-038
Description: The property owners of this residential development agree to grant to the City
the right to extract water from the basin under the overlying property
Resolution
Quitclaim Deed
Map
Page: 58
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
UNFINISHED BUSINESS
NEW BUSINESS
12. Subject: Petition for reconsideration of the City Council’s November 29, 2010 decision to
deny an appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb
Road (continued from February 1)
Recommended Action: Continue to April 5 at request of appellant with the concurrence of
applicant
Page: No written materials on packet
13. Subject: Alternative trail alignments for Stevens Creek Corridor Project Phase II
Recommended Action: Authorize staff to proceed with the bridge and trail alignment as
generally depicted in the approved June 2006 Stevens Creek Corridor Park Master Plan
Staff Report
Matrix
Page: 64
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Tuesday, March 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
14. Subject: Municipal Code amendments regarding reconsideration of items by City Council
Recommended Action: Conduct first reading of Ordinance No. 11-2075
Description: "An Ordinance of the City Council of the City of Cupertino amending Chapter
2.08.096 of the Cupertino Municipal Code regarding Reconsideration-Sought by Interested
Person"
Staff Report
Draft Ordinance
Page: 68
ORDINANCES
15. Subject: Second reading and adoption of Municipal Code amendments to the Parking
Ordinance
Recommended Action: Conduct second reading and enact Ordinance No. 11-2074
Description: Municipal Code Amendment (MCA-2010-05) to Chapter 19.100 and Chapter
19.08 to clarify language regarding storage and parking of heavy equipment and planned non-
operational vehicles in residential zones. “An Ordinance of the City Council of the City of
Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code
with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying
language regarding storage and parking of heavy equipment and planned non-operational
vehicles in residential zones”
Staff Report
A: Ordinance 11-2074
B: Strike out version of pages affected by changes introduced by the City Council motion
Page: 73
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
REDEVELOPMENT AGENCY MEETING
ROLL CALL
16. Subject: February 15 Redevelopment Agency Minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 103
ADJOURNMENT
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Tuesday, March 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days
after a decision is announced unless a shorter time is required by State or Federal law.
Any interested person, including the applicant, prior to seeking judicial review of the city council’s
decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city
clerk within ten days after the council’s decision. Any petition so filed must comply with municipal
ordinance code §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300
Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
7
DRAFT MINUTES
Cupertino City Council & Cupertino Redevelopment Agency ~ Joint Special Meeting
Cupertino City Council ~ Special Meeting
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, February 15, 2011
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL MEETING
ROLL CALL
At 4:05 p.m. Mayor Gilbert Wong called the joint special meeting to order in the Council
Chambers, 10350 Torre Avenue, Cupertino, California.
City Council members Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council
members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
Redevelopment Agency members Present: Chair Gilbert Wong, Vice-Chair Mark Santoro, and
Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
CLOSED SESSION
At 4:06 p.m. the City Council and the Redevelopment Agency recessed to a closed session to
discuss the following item:
1. Subject: Conference with Legal Counsel - Initiation of Litigation (one case) (Gov't Code
54956.9(c))
Page: No written materials in packet
REDEVELOPMENT AGENCY RECESS – At 4:25 p.m. the Redevelopment Agency recessed
and the City Council meeting continued.
CITY COUNCIL SPECIAL MEETING
CLOSED SESSION
At 4:26 p.m. the City Council held a closed session to discuss the following items:
2. Subject: Conference with Real Property Negotiator (Gov’t Code 54956.8); Property: 10800
Torre Ave, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee;
Under Negotiation: Lease - price and terms of payment
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3. Subject: Conference with legal counsel - Significant exposure to litigation - (One case) (Gov’t
Code 54956.9(b))
Page: No written materials in packet
RECESS
The City Council was in recess from 5:13 p.m. to 6:48 p.m.
Mayor Wong reported out from the closed session meetings. He said that on item No. 1, Council
and the Redevelopment Agency obtained briefing and took no action.
On item No. 2, Council gave direction to the real property negotiator and took no action.
On item No. 3, Council took no action.
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang
(6:50 p.m.), Orrin Mahoney, and Kris Wang. Absent: none.
CEREMONIAL MATTERS – PRESENTATIONS
4. Subject: Proclamation recognizing the Santa Clara County Library, the Friends of the
Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual
Silicon Valley Reads (continued from February 1)
Recommended Action: Present proclamation
Council member Orrin Mahoney talked about the program.
Mayor Wong presented the proclamation to the Friends of the Cupertino Library
representatives.
5. Subject: Presentation about the local branch of Hindu Swayamsevak Sangh (HSS), a
voluntary, non-profit, social and cultural organization which aims at preserving and passing
on ancient Hindu heritage and cultural values
Recommended Action: Receive presentation
Mr. Girish Thobbi, representing Health for Humanity, gave a Power Point presentation about
the organization.
The Council received the presentation.
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Cupertino Redevelopment Agency
6. Subject: Recognition of the City of Cupertino Finance Department for its excellence in
preparing the operating budgeting for Fiscal Year 09-10 from the California Society of
Municipal Finance Officers (CSMFO)
Recommended Action: Recognize Finance Department
Mayor Wong presented the award to Administrative Services Director Carol Atwood and
Finance Director David Woo.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed the following written communications:
For item No. 15:
· An email from Darrel Lum including some comments and recommendations regarding
the Matrix Consulting Group management study
· A report from the Planning Commission Subcommittee on process improvements
For item no. 16, a staff PowerPoint presentation.
For item no. 17:
· A letter from John Bene of AT&T stating that the Petition for Reconsideration should be
denied because it fails to identify grounds for reconsideration
· An addendum to the petition from Grace Chen and Guo Jin
· A staff PowerPoint presentation.
ORAL COMMUNICATIONS
Ann Smart, Associate Director for Energy and Environmental Policy with the Silicon Valley
Leadership Group, invited Council to an event in Washington, D.C. March 15-17. This is an
annual visit and will focus on several federal priorities with an emphasis on U.S. jobs and
competitiveness.
Darcy Paul stated that a local store owner had discussed with him a problem with students
loitering and smoking during lunch hour and after school. Mr. Paul called Code Enforcement
who referred him to the loitering law, Chapter 10.56. He noted that this law refers to a smoking
ordinance that doesn’t exist (Chapter 10.25). He provided handouts showing the code sections in
question. He urged Council to either correct the code or enact a smoking ordinance within the
City.
Three boy scouts from Troop 494, working toward their "Citizenship in the community merit
badge”, spoke to Council about traffic issues in the City. Atharva Bohatgi said that he was
concerned that the crosswalk near Monta Vista High School on McClellan Road has no flashing
lights. Anjan Amarnath said that he was concerned that the crosswalks at the intersection of
Hyannisport and Fort Baker near Kennedy Junior High School and Monta Vista High School
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Cupertino Redevelopment Agency
were confusing to drivers and pedestrians. He suggested installing a timer to allow students to
cross the street at intervals so that cars can pass through smoothly and pedestrians will know
when to enter the crosswalk. Sachiv Shenoi noted that the City has a law stating people over the
age of 10 cannot ride their bike on the sidewalk. He was concerned that the roadway between
Rainbow and Bubb and Rainbow and Stelling has no bike lane so students are forced to bike on
the road without a bike lane in order to obey law.
CONSENT CALENDAR
Wang moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
7. Subject: January 18 City Council minutes
Recommended Action: Approve minutes
8. Subject: January 24 City Council minutes
Recommended Action: Approve minutes
9. Subject: January 25 City Council minutes
Recommended Action: Approve minutes
10. Subject: Accounts Payable for period ending January 28, 2011
Recommended Action: Adopt Resolution No. 11-017
11. Subject: Payroll for period ending February 4, 2011
Recommended Action: Adopt Resolution No. 11-018
12. Subject: Treasurer's Investment and Budget Report for quarter ending December 2010
Recommended Action: Accept the report
13. Subject: Treasurer and Deputy Treasurer Appointments
Recommended Action: Adopt Resolution No. 11-019
Description: Extends the appointments of the current City Treasurer and Deputy Treasurer
14. Subject: Grant of easement for sidewalk purposes, Apple Inc., a California corporation,
19333 Vallco Parkway, APN(s) 316-20-075 and 316-20-076
Recommended Action: Adopt Resolution No. 11-020
Description: The property owner of this commercial development agrees to grant to the City
an easement for public sidewalk purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property
ITEMS REMOVED FROM THE CONSENT CALENDAR (if any)
Mayor Wong read a statement provided by Administrative Services Director Carol Atwood
explaining the smoking ordinance history: The City used to have a smoking ordinance but it was
eliminated in the City code to follow what was written in the State code. Within the next 12
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Cupertino Redevelopment Agency
months, staff will present a no smoking ordinance for recreational areas and trails. The County
gave the City a grant to promote anti-smoking.
PUBLIC HEARINGS
15. Subject: Development Permit Process
Recommended Action:
a. Provide direction to staff on the list of recommended changes and any additional
modifications/enhancements to the permit process and public engagement policy (see
Attachment A)
b. Authorize Staff to work on modifications to the Zoning Ordinances as required by the
above changes
Description: Application: CP-2010-01; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Review of the Management Study of the Permit Process and
opportunities to enhance the quality of the City’s permit services and organizational
efficiency
Written communications for this item included:
· An email from Darrel Lum including comments and recommendations regarding the
Matrix Consulting Group management study
· A report from the Planning Commission subcommittee on process improvements
Associate Planner Piu Ghosh and Community Development Director Aarti Shrivastava
reviewed the staff report via a PowerPoint presentation. They noted that the consultant, Ken
Rodrigues, was also in the audience to answer questions as needed.
Mayor Wong opened the public hearing.
Kevin McClelland with the Chamber of Commerce noted that the current system of public
input at the Design Review Committee (DRC) might be better rather than streamlining that
portion of the decision process.
Jennifer Griffin said that she doesn’t want public input or story poles eliminated. She said
that the DRC should be making some of the design decisions rather than staff, noting that
when her Rancho Rinconada neighborhood was annexed to Cupertino that they were
promised the DRC would stay. She urged Council to not bring up R-1 ordinance.
Frank Sun said that the permit process could be better from the applicant’s standpoint if it
were less costly and more consistent. He talked about a recent experience he had with the
building department explaining that he did everything he could with the design and the
studies required. He was told he had to start over again because the architect he was working
with tired of having to redo the studies and quit. He said he ended up spending a lot of time
and money and never could get a permit.
Marty Miller from the Planning Commission said that he was in the audience in case there
were any questions.
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Mayor Wong closed the public hearing.
Council asked questions from staff and some of the previous speakers.
Action: Mahoney moved and Wang seconded to approve the recommendations with the
following amendments. The motion carried unanimously:
• Public engagement policy: increase the notification threshold for the “collaborate level”
to 25 residential units
• Project approval thresholds: Council to approve projects with >50 residential units,
50,000 sq. ft. of commercial/office/non-residential or 100,000 sq. ft. of industrial space
• Discuss keeping the current noticing radii for minor General Plan Amendments and
zoning applications
• Initiate a separate, limited review of the R1 Ordinance related to design review, story
poles and noticing
Council recessed from 9:15 p.m. to 9:30 p.m.
UNFINISHED BUSINESS - None
NEW BUSINESS
16. Subject: Petition for reconsideration of the City Council’s January 4, 2011 decision to deny
an appeal of a Director's Approval for a parking pad to be located at a duplex located at 965-
967 Miller Avenue
Recommended Action: Conduct a hearing and adopt Resolution No. 11-021
Description: Application: DIR-2010-30; Appellant: Erwin Wolf; Applicant: Linda Shen-
Jung (GLSAA, LLC); Location: 965-967 Miller Avenue; APN: 369-19-052; Application
Summary: Petition for Reconsideration of the City Council decision to deny an appeal of a
Director’s Minor Modification decision to allow paving in the front yard of an existing
duplex for the purpose of a parking stall at 965-967 Miller Avenue
Written communications for this item included a staff PowerPoint presentation.
Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation.
Petitioner Erwin Wolf said that it is a safety issue to allow cars to be parked to park in the
area in question because the view is blocked. He noted that it is also difficult for cars to come
from Miller Ave. and park in that area.
Applicants Linda Shen-Jung and Gordon Jung said they had nothing more to add and were
available to answer any questions.
Action: Mahoney moved and Chang seconded to adopt Resolution No. 11-021 denying the
Petition for Reconsideration; therefore, the Director’s approval for a parking pad on Miller
Avenue still stands. The motion carried unanimously.
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Cupertino Redevelopment Agency
17. Subject: Petition for reconsideration of the City Council’s January 4, 2011 decision to deny
an appeal of a personal wireless service facility at the Results Way Office Park
Recommended Action: Conduct a hearing and adopt Resolution No. 11-022
Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave
Yocke (AT&T); Petitioners: Grace Chen, Guo Jin; Address: Results Way (rear parking lot);
APN: 357-20-042; Application Summary: Petition for Reconsideration of the City Council
decision to deny the appeal of a Planning Commission approval of a personal wireless service
facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and
associated base equipment to be located at the existing Results Way office park
Written communications for this item included:
· A letter from John Bene of AT&T stating that the Petition for Reconsideration should
be denied because it fails to identify grounds for reconsideration
· An addendum to the petition from Grace Chen and Guo Jin
· A staff PowerPoint presentation
Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation.
Petitioner Grace Chen made a PowerPoint presentation highlighting the grounds for
reconsideration, which included a need to integrate existing plans with new approved plans;,
arequest to appropriate funds for screening improvements in Astoria, and a potentially
available and technologically feasible alternative area at Monta Vista High School.
Petitioner Guo Jin said that he had a new fact to present in the petition. He explained that
earlier during the appeal process, there were three petitioners, but now there were only two
because the third person moved away and put his house on the market due to the denial of the
appeal. He also noted that two more neighbors in the same area moved also due to the denial
of the appeal.
Council asked questions of the petitioners and staff.
Applicant Randy Okamura, representing AT&T, said he had nothing further to add to the
record at this time but was available to answer any questions.
Council asked questions of the applicant.
XiAowen Liu said that because the cell tower location is so close to the community where
she lives and affects that community, she would like Council to find a middle ground
between their community and AT&T.
Mark Ma said that the proposed monopine has already had an impact on house values. He
explained that one of his neighbors had just sold his house but had to negotiate a lower price
for the house when the buyer heard that AT&T might be putting a monopine in front of it. He
noted that other alternative locations should be considered.
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Xuena Xu said that last time Council was pressed to vote no because they were threatened by
law and there was no alternate site. She urged Council to reconsider because the information
presented to them was false. She showed an aerial picture of tree heights.
Andrew Wu said that he wanted to reemphasize that he understands that Council cannot
make a certain decision by law. He noted that there is evidence of alternative sites and that
the old data cannot be used. He also said that the impact to the community is evident due to
the fact that people have moved out of the area.
Action: Chang moved to uphold the petition for reconsideration. There was no second and
the motion died.
Mahoney moved to adopt Resolution No. 11-022 denying the petition for reconsideration.
Wang seconded for discussion. She said she wanted to clarify the earlier discussion regarding
reimbursement of $30,000 to the Homeowner’s Association for additional screening on the
Astoria property and AT&T’s potential interest in helping to make that happen. Mr. Okamura
responded that he couldn’t speak more for AT&T but that his personal reputation was
important in the community. The motion carried with Chang voting no.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
Santoro brought up the issue of petitions for reconsideration and concern about spending so
much time on them if they don’t get granted. Council concurred to agendize for a future meeting
a discussion on the process of how petitions for reconsideration are handled.
Chang asked that the Council members direct staff to remove the County information on the
City’s website from the State Mining Board regarding Lehigh, in order to verify that the
information was correct. After discussion, Council agreed to remove the document but include a
link to the State Mining Board on the City’s website.
Council recessed from 11:54 p.m. to 12:05 a.m. on Wednesday, February 16.
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Cupertino Redevelopment Agency
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING
At 12:05 a.m. on Wednesday, February 16, the Redevelopment Agency reconvened to a joint
meeting with the City Council.
ROLL CALL
City Council members Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council
members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
Redevelopment Agency members Present: Chair Gilbert Wong, Vice-Chair Mark Santoro, and
Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
18. Subject: Loan and Repayment Agreement between the City of Cupertino and the City of
Cupertino Redevelopment Agency
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-01
B. City Council action - Adopt Resolution No. 11-023
Description: Adopt corresponding resolutions authorizing the City and Agency to enter into
the Agreement
19. Subject: Agreement between the Housing Trust of Santa Clara County, the Cupertino
Redevelopment Agency (RDA), and the City of Cupertino for the use of housing funds
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-02
B. City Council action:
1) Increase RDA Housing set-aside fund expenditure budget by $1,000,000
2) Adopt Resolution No. 11-024
Description: Adopt corresponding resolutions authorizing the City and Agency to enter into
the Agreement. Discuss an opportunity to fund the Housing Trust of Santa Clara County out
of the RDA Housing set-aside
20. Subject: Public Infrastructure Agreement with the Cupertino Redevelopment Agency, City
of Cupertino, and Vallco Shopping Mall
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-03
B. City Council action - Adopt Resolution No. 11-025
Description: Includes installation of storm sewer trash capture devices and reimbursement for
the construction of public street improvements
21. Subject: Amendment of the Grant Agreement between the City of Cupertino and the
Association of Bay Area Governments (ABAG) to allow the City to purchase two Storm
Sewer Trash Capture Devices.
Recommended Action: City Council Action - Resolution No. 11-026
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Cupertino Redevelopment Agency
Mayor and Chair Gilbert Wong noted that action on item nos. 18-21 could be taken concurrently.
Finance Director David Woo reviewed the staff report for item no. 18; Director of Community
Development Aarti Shrivastava reviewed the staff report for item no. 19; Director of Public
Works Timm Borden reviewed the staff report for item nos. 20 and 21.
Jennifer Griffin asked questions and said she was concerned about the City and the
Redevelopment Agency (RDA) giving so much money to an organization outside of Cupertino.
She said that the public needed to understand what action was happening tonight.
Robert McKibbin asked questions about the documents for item Nos. 18-21 and asked for
specific clarification. He said the public hasn’t had much time to review the documents.
Tom Hugunin asked where the money was going to the RDA and where has the Housing Trust
had spent money in Cupertino.
Keith Murphy said that he is concerned that the RDA is taking action at such short notice. He
asked questions about RDA money being put into housing and what would happen in the future.
Mayor Wong explained the reason for the RDA agenda items this evening, noting that Governor
Brown is proposing to close down all the Redevelopment Agencies in the State, and Cupertino
wants to protect the $1.8 million of resident taxpayer money to use for Cupertino. City Manager
Dave Knapp explained how the RDA works and answered questions. Administrative Services
Director Carol Atwood further explained the agreement with the Housing Trust, noting that staff
is trying to keep the money within the Cupertino community. Finance Director David Woo also
answered questions.
Housing Trust of Santa Clara County representative Jessica Garcia Cole explained that the group
has invested over $720,000 back into Cupertino, noting that funds have gone into the
development of new affordable housing and to assist low and moderate income first time home
buyers. Projects included: Vista Village; Senior Housing Solutions Project; first time
homebuyers; and various homeless projects funded out of the Housing Trust’s own unrestricted
funding.
Redevelopment Agency member Mahoney moved and Wang seconded to adopt RDA Resolution
Nos. 11-01 through 11-03. The motion carried unanimously. Council member Mahoney moved
and Wang seconded to adopt City Council Resolution Nos. 11-023 through 11-026 and increase
the RDA Housing set-aside fund expenditure budget by $1,000,000. The motion carried
unanimously.
ADJOURNMENT
At 12:42 a.m. on Wednesday, February 16, the City Council and Redevelopment Agency
meetings were adjourned.
____________________________
Graces Schmidt, Deputy City Clerk
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Cupertino Redevelopment Agency
Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777-2364.
18
DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, March 1, 2011
ROLL CALL
At 6:05 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California.
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang
(6:08 p.m.) and Orrin Mahoney. Absent: Kris Wang.
CLOSED SESSION
1. Subject: Conference with Real Property Negotiator (Gov't. Code 54956.8); Property: 10800
Torre Avenue, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential
lessee; Under Negotiation: Lease - price and terms of payment
2. Subject: Conference with Legal Counsel - Significant Exposure to Litigation (Gov't Code
54956.9(b)) (One case)
At 6:06 p.m., Council recessed to a closed session to discuss these items, and reconvened in
public session at 6:48 p.m. Mayor Wong announced that for item No. 1, Council met in closed
session, obtained a briefing, and no action was taken. For item No. 2, Council met in closed
session to discuss real property issues, obtained a briefing, and no action was taken.
PLEDGE OF ALLEGIANCE
At 6:49 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang
and Orrin Mahoney. Absent: Kris Wang.
CEREMONIAL MATTERS – PRESENTATIONS
3. Subject: Proclamation recognizing the Homestead High School Future Business Leaders of
America's Community Service Project
Recommended Action: Present proclamation
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Mayor Wong presented the proclamation to Nancy Liao and Edward Gao. They explained that
the FBLA was dedicated to serve the community in a variety of ways, and this year Homestead
High School participated in a nation-wide community service project involving technology
and computer safety, especially related to Facebook. They targeted populations not usually
exposed to technology, including seniors and under-privileged students.
4. Subject: Library Commission presentation of 2010 accomplishments
Recommended Action: Receive presentation
Susanna Tsai, representing the Library Commission, reported on the Commission’s goals
which included: library parking, hours, traffic, continuing education, community involvement,
and other activities as requested by Council. She noted that the Commission had made
presentations to other community organizations such as Rotary, Kiwanis, the YMCA and the
Chamber of Commerce. Also, the Bookmobile and book sales were ongoing projects, and the
Library Commission was also working with other city commissions, in particular the Fine Arts
Commission.
Mayor Wong thanked Commissioner Tsai for her report and noted that the city had hired a
new Public Works Director who would be working with the Council and the Commission on
the issues of parking and traffic. Mayor Wong also stated that the Council had agreed to fund
additional hours for the library and it was important to keep the library open seven days a
week.
Mayor Wong asked the City Manager to arrange for each of the commissions to give a brief
report at a City Council Meeting.
POSTPONEMENTS – None.
WRITTEN COMMUNICATIONS
City Clerk Kimberly Smith distributed the following written communications:
· An amended first agreement regarding the traffic pilot program (Item No. 9)
· A copy of the PowerPoint presentation, and an amended copy of the definitions section of
the parking ordinance (Item No. 19)
ORAL COMMUNICATIONS
Cathy Helgerson said she submitted a petition to the Environmental Protection Agency Region 9
for a superfund site. She noted that the Lehigh plant and quarry as well as the Stevens Creek
Quarry would be reviewed and she would let Council know of any information she received. She
explained that old buildings under the east materials storage area were causing pollution and
needed to be cleaned out. She also noted that the California Regional Quality Control Board had
issued another notice of violation to Lehigh, since they were operating without a waste permit
and were conducting their own sewage treatment.
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Mayor Wong reminded the advocacy group and the representatives of the Lehigh Plant that when
materials were submitted to the Council, they should also be submitted to the Cupertino.org
website so that all documents could be appropriately documented.
CONSENT CALENDAR
Mahoney moved and Chang seconded to approve the items on the Consent Calendar as
recommended, with the exception of Item Nos. 16-18, which were pulled for discussion. Ayes:
Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: Wang.
5. Subject: February 1 City Council minutes
Recommended Action: Approve minutes
6. Subject: Accounts Payable for period ending February 4, 2011
Recommended Action: Adopt Resolution No. 11-027
7. Subject: Accounts Payable for period ending February 11, 2011
Recommended Action: Adopt Resolution No. 11-028
8. Subject: Donation of a bench in honor of Hazel Fretwell from the Cupertino Historical
Society
Recommended Action: Accept bench donation
9. Subject: Agreement between Fremont Union High School District, Cupertino Union School
District, and City of Cupertino
Recommended Action: Authorize City Manager to execute the First Amendment to
Agreement that is substantially similar to the form attached hereto as Attachment B
Description: This extends the agreement between the Fremont Union High School District,
the Cupertino Union School District, and the City of Cupertino for congestion and safety
measures around Monta Vista High School, Kennedy Middle School, and Lincoln
Elementary School
10. Subject: Alcoholic Beverage License, Gochi Japanese Fusion Tapas, 19980 Homestead Road
(Oakmont Shopping Center @ Blaney)
Recommended Action: Approve application for On-Sale General for Bona Fide Public
Eating Place
11. Subject: Alcoholic Beverage License, Guan Dong House, 10851 North Wolfe Road
(Cupertino Village)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
12. Subject: Alcoholic Beverage License, Gyu-Kaku Cupertino, 19620 Stevens Creek, Suite 150
(Marketplace)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
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13. Subject: Planning Commission recommendation to select Winnie Lee as the Environmental
Review Committee representative
Recommended Action: Accept the recommendation
14. Subject: Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205
Imperial Avenue, APN 357-18-007
Recommended Action: Accept Municipal Improvements
Description: The applicants have completed City-specified improvements in the City right-of-
way including sidewalk, driveway approach, curb & gutter and paving as required by the
improvement agreement with the City
15. Subject: City Project, Sterling Barnhart Park, Project No. 2008-9126
Recommended Action: Accept Project No. 2008-9126
Description: The work consisted of the construction of a new park
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
Cathy Helgerson spoke regarding Items 16 and 17, and inquired why the city wanted these
underground water rights, and she did not agree with taking these rights from residents.
Concerning Item 18, she asked the Council to do water tests for pollution and not just deal with
trash.
City Manager David Knapp explained that the water below one’s property belonged not just to
that property but to a larger body of water. The city had a policy that when a property changed
hands the water rights would be ceded to the public. The recipient of the water was the Santa
Clara Valley Water District. Additionally, it was a sound environmental decision. If everyone
owned the water and drilled on their property it would be difficult to keep the water pure. It was
much better that a public entity owned the water.
Public Works Director Timm Borden commented that Item 18 allowed the city to move forward
in obtaining grants for this phase of the Stevens Creek Corridor Park Project. The Santa Clara
Valley Water District had jurisdiction to test the water, not the city.
Mahoney moved and Santoro seconded to approve item Nos. 16-18 as recommended by staff.
The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro and Wong. Noes:
None. Absent: Wang.
16. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc.,
19050 Pruneridge Avenue, APN 316-06-033
Recommended Action: Adopt Resolution No. 11-029
Description: The property owner of this commercial development agrees to grant to the City
the right to extract water from the basin under the overlying property
17. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Stephen Wu and
Chinling Lee, 10108 South Tantau Avenue, APN 375-07-040
Recommended Action: Adopt Resolution No. 11-030
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Description: The property owners of this residential development agree to grant to the City
the right to extract water from the basin under the overlying property
18. Subject: Authorize applications for grant funding from the Santa Clara Valley Water
District’s Clean Safe Creeks and Natural Flood Protection Program of 2000 for Stevens
Creek Corridor Park Phase II, Project 9136
Recommended Action: Adopt Resolution Nos. 11-031 and 11-032, authorizing applications
for grant funding
PUBLIC HEARINGS
19. Subject: Parking Ordinance Amendment
Recommended Action: Approve recommended amendments to the Parking Ordinance and
conduct the first reading of Ordinance No. 11-2074
Description: Application: MCA-2010-05; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance)
of the Cupertino Municipal Code to clarify language regarding storage and parking of
vehicles. "An ordinance of the City Council of the City of Cupertino amending Chapter
19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments
to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and
parking of heavy equipment, aircraft and planned non-operational vehicles in residential
zones"
Larry Goe asked that all references to aircraft be removed from the proposed ordinance. He
noted that he had attended previous discussions on this subject and he had understood that
aircraft would not be included. However, now that was not the case. He had an airplane in his
side yard that was behind a six-foot fence. A small part of the plane was visible about two
feet above the fence. He had not received any complaints about this plane.
City Manager David Knapp and Director of Community Development Aarti Shrivastava
noted that this ordinance was being considered primarily to address complaints raised about
heavy equipment on properties. No complaints had been received about planes.
Senior Code Enforcement Officer Gary Kornahrens explained that this ordinance would
clarify what could be visible from the street. In Mr. Goe’s case, if this ordinance passed, his
plane would be in violation of the code, because nothing was allowed to be visible above the
six-foot fence. However, a resident could apply for a building permit for an eight-foot fence.
Kornahrens also commented on the need for a specific definition of semi-pervious surfaces.
Director of Community Development Aarti Shrivastava noted that loose materials were not a
problem in side or back yards, but it was an issue in driveways when the materials went into
the street.
Council Members discussed the proposed ordinance, particularly the issues of aircraft and
semi-pervious surfaces. They considered omitting aircraft from the ordinance or
grandfathering in existing aircraft. It was noted that currently there were no problems or
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complaints about aircraft, and if the term were to be omitted and problems arose in the future,
the ordinance could be reconsidered. They also discussed adding gravel, pavers and cobbles
to the list of such surfaces that would be permitted as long as those allowed for partial
infiltration of water and prevented direct contact with the soil.
Santoro moved and Mahoney seconded to approve Application No. MCA-2010-05 with the
following exceptions: (1) Remove the word aircraft and its definition; and (2) amend Section
19.100.030(A) (d), first two sentences, to read as follows: All vehicles must be parked on a
permanent impervious or semi-pervious surface. Semi-pervious surfaces include unit pavers,
turf block, brick, cobbles, pavers, gravel, or other like materials that must allow for partial
infiltration of water and must prevent direct contact with soil.
The City Clerk read the title of the ordinance. Chang moved and Santoro seconded to read
the ordinance by title only, and that the City Clerk’s reading would constitute the first reading
thereof. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Absent: Wang.
UNFINISHED BUSINESS
20. Subject: Coffee Society Lease
Recommended Action: Authorize the City Manager to execute a one year lease with the
Coffee Society, with the option granted to the Coffee Society to extend this initial term with
two additional one year periods
Public Works Director Timm Borden reviewed the staff report.
Mahoney moved and Chang seconded to authorize the City Manager to execute the one year
lease, with the option to extend the lease for two additional one-year periods. The motion
carried 4-0, with Council member Wang absent.
Mayor Wong said that the Coffee Society has been a wonderful asset to the community, back
to the time when the new library was built. He said there had been a misunderstanding on the
city’s part during the bid process, and Council wanted to be sure the process was done fairly
as the bid was reissued to them. He said the Council was very happy to have the Coffee
Society in the community.
NEW BUSINESS
21. Subject: Association of Bay Area Governments (ABAG)/ Metropolitan Transportation
Commission (MTC)- Sustainable Communities Strategy and the Subregion Regional
Housing Needs Allocation (Sub RHNA) Process
Recommended Action: Do not create a subregion for the FY 2014-2022 Regional Housing
Needs Allocation (RHNA) process
Community Development Director Aarti Shrivastava reported that in 2008, Senate Bill 375
was passed, which called for the development of a Sustainable Communities Strategy in all
metropolitan regions in California. It combined the previous planning processes done by the
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Association of Bay Area Government and the Metropolitan Transportation Commission, and
it required that an updated eight-year regional housing need allocation (RHNA) prepared by
ABAG was consistent with the SCS. She said that the Cal. Govt. Code allowed local
governments to form a subregion to receive and distribute shares of regional housing needs,
specified the methodology, and allowed subregions the ability to create their own
methodology. In February 2011 the Cities Association Board accepted a recommendation
from the City Manager’s Association and the Santa Clara County Planning Officials to not
establish a formal subregion in the current RHNA process but instead to pursue an informal
collaborative process. The pros for this informal process included the following: utilized
existing forums for communication and participation; provided an opportunity for a unified
voice representing the South Bay; maintained the ability of contiguous jurisdictions to trade
RHNA numbers; and facilitated future collaboration of housing element consultants, analyses
and policies with the added benefit of hopefully reducing costs. Staff recommended that the
city pursue an informal collaborative process within Santa Clara County.
Jennifer Griffin commented that she had issues with ABAG and did not believe the housing
needs they imposed on Cupertino or Santa Clara County were realistic. She believed it
increased the high density housing in the city which was unnecessary because, in her opinion,
there was not a job/housing imbalance in Cupertino. She suggested that when the city was
told it had to do something it was important to ask why and she supported the Council in
moving cautiously on this matter.
The Council received the report and took no action to create a subregion.
22. Subject: Select date for Teen Commission interviews
Recommended Action: Accept the following deadlines: Applications due in the City Clerk’s
Office Fri, May 13; Interviews held beginning at 3:30 p.m. Tues, May 24 (and Wed, May 25
as needed)
Parks and Recreation Director Mark Linder commented that in addition to the advertising
done by the City Clerk’s office, he had met with the superintendent of the school district and
the principals of the schools in the district to provide additional outreach for advertising and
marketing of the Teen Commission.
Council concurred to set the application deadline on Friday, May 13, and to conduct
interviews on Wednesday, May 25 at 3:30 p.m., and to continue the interviews on Thursday,
May 26, if necessary.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
Councilmember Mahoney noted that he had attended the Taiwanese Chamber of Commerce
Northern California Chapter dinner and the Dr. Seuss Reading Day.
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Mayor Wong noted that he had just returned from India, and the city was currently looking into
the possibility of a sister city with that country.
Vice-Mayor Santoro stated that he had attended the Lunar New Year Lunch.
Councilmember Chang stated that he had received a copy of the State of California’s Office of
Mine Reclamation’s report made to the County of Santa Clara on February 10 and he asked to
give an overview of this report to the Council. He also suggested that the Council invite the
State’s Mining and Geology Board to have their May meeting in Council Chambers, which
would make it more convenient for the public.
The remaining Council members declined invite the State’s Mining and Geology Board to hold
their meeting in Council Chambers, but they were free to make that request on their own if they
desired. The Mine Reclamation Report would be made available via a link on the city’s website.
ADJOURNMENT
At 8:48 p.m., the meeting was adjourned.
____________________________
Kimberly Smith, City Clerk
Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777-2364.
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RESOLUTION NO. 11-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING
DESTRUCTION OF CERTAIN RECORDS FROM THE
CITY CLERK DEPARTMENT
WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02-
037 establish rules and regulations for records retention and destruction; and
WHEREAS, it has been determined that certain records in excess of two years old
no longer contain data of any historical or administrative significance; and
WHEREAS, the departmental request for permission to destroy all said records in
excess of two years old has been approved by the City Clerk and the City Attorney
pursuant to Resolution Nos. 8894 and 02-037;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino authorizes destruction of the records specified in the schedule attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________ _____________________________
City Clerk Mayor, City of Cupertino
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2011
Subject
Alcoholic Beverage License, Bombay Oven, 20803 Stevens Creek Boulevard (near Saich).
Recommended Action
Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place.
Description
Name of Business: Bombay Oven
Location: 20803 Stevens Creek Boulevard
Type of Business: Restaurant
Type of License: On-Sale Beer & Wine for Bona Fide Public Eating Place (41)
Reason for Application: Fiduciary Transfer
Discussion
There are no use permit restrictions or zoning restrictions which would prohibit this use and staff
has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and
wine for consumption on the premises where sold.
_____________________________________
Prepared by: Traci Caton, Planning Department
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachment: Application for Alcoholic Beverage License
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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CITY COUNCIL STAFF REPORT
Meeting: March 15, 2011
Subject
Alcoholic Beverage License, Shanghai Garden Restaurant, 20956 Homestead Road, Suites A2 &
A3 (Oakmont Square at Homestead & Stelling)
Recommended Action
Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place.
Description
Name of Business: Shanghai Garden Restaurant
Location: 20956 Homestead Road, Suites A2 & A3
Type of Business: Restaurant
Type of License: On-Sale Beer & Wine for Bona Fide Public Eating Place (41)
Reason for Application: Original & Annual Fees
Discussion
There are no use permit restrictions or zoning restrictions which would prohibit this use and staff
has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and
wine for consumption on the premises where sold.
_____________________________________
Prepared by: Traci Caton, Planning Department
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development
Approved for Submission by: David W. Knapp, City Manager
Attachment: Application for Alcoholic Beverage License
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
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RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND
WATER RIGHTS, SI 24, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
10600 NORTH DE ANZA BOULEVARD, APN 316-02-103
WHEREAS, SI 24, LLC, has executed a “Quitclaim Deed and Authorization”, which is in
good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County
of Santa Clara, State of California, to extract water from the underground basin, underlying that
certain real property situate in the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk Mayor, City of Cupertino
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WILLHANFORD
GREENLEAF
PARK CIRCLEVIRGINIA SWANXXXVISTA¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, SI 24, LLC, 10600 North De Anza Blvd.
Recommended Action: Adopt Resolution No. 11-______.
57
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING
QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS,
SURESH R. TAMMANA AND SUBHA P. TAMMANA, 22140 HIBISCUS DRIVE,
APN 326-02-026
WHEREAS, Suresh R. Tammana and Subha P. Tammana, have executed a “Quitclaim
Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and
authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water
from the underground basin, underlying that certain real property situate in the City of Cupertino,
more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, as shown in the attached Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
“Quitclaim Deed and Authorization” so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said
“Quitclaim Deed and Authorization” and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of March, 2011, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
City Clerk Mayor, City of Cupertino
58
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C
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N MAXINEJUNIPERO SERRA
280 FWY RAMP STEVENS CREEKMADERA BERNARDOW
ALLACEBARRANCA
AIN
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STARLING
HOMESTEAD BELLEVILLEHARTMAN STOKES CALGARYHIBISCUS
CHACEPENINSULAR BANFFMARSHALLSTEVENS
CAROLINEFALLEN LEAFPA Y E T T E
GROVELANDEL SERENOACACIA
ALDERNEY¯Subject: Quitclaim Deed and Authorization for Underground Water Rights, Suresh R. Tammana and Subha P. Tammana,22140 Hibiscus Drive.
Recommended Action: Adopt Resolution No. 11-______.
63
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 15, 2011
Subject
Alternative Trail Alignments for Stevens Creek Corridor Project Phase II.
Recommended Action
Adopt the bridge and trail alignment as generally depicted in the approved June 2006 Stevens
Creek Corridor Park Master Plan.
Discussion
On November 29, 2010, Council received a status report of the Stevens Creek Corridor Project
(SCCP) Phase II. That status report provided time sensitive information regarding the receipt by
the City of a $1.2M state grant that could be applied to the entire project if the project alternative
was expanded to include creek restoration.
On January 18, 2011, Council authorized staff to
· Initiate the design effort for Alternative 4A (consisting of creek restoration and using
approved master planned bridge and trail alignment).
· Negotiate and execute an amendment with SSA Landscape Architects for design services
not to exceed $200,000.
· Issue Letters of Intent to various granting agencies clarifying the City’s intent to proceed
with Alternative 4A and creek restoration.
· Initiate an environmental clearance process for the project.
.
Due to the schedule required by the newly obtained California River Parkways Grant of $1.2
million, it was necessary in January for the Council to authorize the design effort to begin for the
creek restoration portion of the project.
As indicated in the report and presentation to Council on January 18, 2011, there is currently a
projected shortfall of approximately $1.6 million for the Alternative 4A creek restoration and the
trail alignment alternative that was illustrated in the presentation. Staff will present a status
report to Council on May 17, 2011 that includes the progress of the design, an updated cost
estimate, status of additional grant applications, and recommendations on funding the project
64
shortfall from the future Capital Improvement Program budgets. The grant agreement does not
need to be executed until early June of 2011, allowing Council and staff time to secure additional
grant funding. At that time, if Council desires, it can direct staff not to execute the grant and to
stop or re-scope the project.
Although staff did not anticipate bringing the project back to Council prior to May 17th, through
the design process and upon further review of the grant-driven schedule, staff determined it was
necessary to choose a trail alignment so that funding and time are not consumed on less desirable
alternatives.
The trail alignment that was shown as part of Alternative 4A, travels across the proposed bridge
over the creek opposite the 8th green, and then travels north through the middle or easterly
portion of the Stocklmeir orchard, maintaining approximately a 100 foot setback from the
residential properties to the west. For the purposes of clarification and to avoid confusion, this
alignment will be referred to as the Base Trail Alignment, which is similar to the alignment in
the adopted Master Plan.
Recent Alternative Suggestions
Following Council direction on January 18th to proceed with the development of the Base Trail
Alignment, several Council members suggested that several alternative alignments be studied as
well. However, several of the grants that have been received or, ones that are now being sought,
do not allow for the time and expense necessary to properly investigate alternatives to the Base
Trail Alignment.
Staff has provided a matrix of pros and cons (Attachment A) to assist Council in determining if
the Base Trail Alignment is adequate at this time or if one of the suggested alternative trail
alignments would be a better solution overall.
A summary of the three alternative trail alignments follows:
Alternative Trail Alignment 1: Bridge Location Upstream
This alternative would place the bridge near the northern end of the Blackberry Farm parking lot,
nearly opposite the tee box for the 8th green of the golf course. This alternative would shorten
the portion of trail that would need golf ball protection fencing, but the bridge would need to be
longer to span the creek at an oblique angle. The oblique angle span would be necessary to
avoid encroachment on Meadows common property along the creek. The bridge would also
need to avoid the existing Stocklmeir orchard wellhead and pump-house, causing the bridge
abutment to be rather close to one of the residents in the Meadows residential area.
Alternative Trail Alignment 2: West Side Trail
This alternative would route the trail near the Meadows residential area, from either the currently
proposed bridge location in the Base Trail Alignment or from the bridge in the upstream
65
location. The trail would pass between the Meadows property fence line and the first row of
orchard trees, along the westerly edge of the Stocklmeir property.
Alternative Trail Alignment 3: East Side Trail
This alternative would eliminate the need for a bridge and would route the trail along the top of
the new east bank of the creek, along the golf course, terminating in the Blue Pheasant parking
lot. In this location, a golf ball protection fence would be required for its entire length of about
1,000 feet. A short section of golf ball protection fence is already assumed in the Base Trail
Alignment.
This east side trail would also encroach onto the golf course to a much larger extent than is
currently envisioned and would undoubtedly require additional funding for golf course redesign
and reconstruction.
Conclusion
Staff has also recently located documents from 2005 that support the formal establishment of a
100 foot set-back from the residents in the Meadows residential community. Staff is not
recommending that Council deviate from these earlier commitments, which would render
alternatives 1 or 2 as depicted in this report infeasible.
Sustainability Impact
Staff believes that any one of the proposed alternative trail alignments would fully support the
City’s sustainability goals.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A- Matrix of pros and cons
66
Alternative Trail Alignments
SCCP Phase II
March 15, 2011
Opportunities Constraints Constraint Impact
Alternative 1
Bridge Location
Upstream
A. Less protective pedestrian fencing required.1. Several trees will need to be removed.Undesirable
B. Minimizes trail along golf course.2. Loss of trees = loss of creek habitat.Undesirable
C. Provides a more consistent trail experience (longer
undivided stretch of trail).
3. Possible well conflict.Cost increase
D. Facilitates trail routing options through orchard 4. Longer bridge due to crossing angle.Cost Increase
E. Route irrigation over creek via the bridge.5. Close proximity to The Meadows community.Critical Flaw
F. Aesthetic value of bridge adjacent to well.6. Increased environmental analysis cost and time.Cost increase
Alternative 2
West Side Trail
A. Easy to construct.1. Encroaches on 100’ setback established with neighbors.Critical Flaw
B. No tree impact in the orchard.2. No real creek experience.Undesirable
C. Showcases the Stocklmeier Orchard as trail focal point to
encourage preservation, involvement, and donations.
3. Exposed trail with no shade will be uncomfortable in the summer.Undesirable
D. Orchard is undivided for future legacy farm.
Alternative 3
East Side Trail
A. No bridge will be required.1. Extended golf ball protection fence.Cost increase
B. Eliminates safety issue of having trail along Stevens Creek
Blvd.
2. Golf course encroachment - feasibility study, grant jeopardy, plus
re-design and construction costs.
Critical Flaw + Cost
Increase
C. Orchard is undivided for future legacy farm.3. Parking lot re-design for new trailhead & increased parking.Cost Increase
D. No major tree impact in the orchard.4. Must re-confirm grant eligibility for $1.2M grant.Critical Flaw
5. Potential adverse golf experience with added trail users and
fencing.
Undesirable
6. Poor trail experience– less natural.Undesirable
7. No connection to the orchard.Undesirable
67
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 15, 2011
Subject
Introduce an ordinance to amend the provisions related to reconsideration of items by the City
Council to provide a pre-review and determination by a subcommittee of the City Council.
Recommended Action
Staff recommends the City Council introduce the ordinance to revise the reconsideration
procedures.
Description
Cupertino Municipal Code Section 2.08.096 deals with reconsideration of items by the City
Council at the request of a member of the public. The provision, first introduced in 1999 was
revised in 2007 and 2008. When the section was revised in 2007, the revision required mailed
notice by the Clerk and that the petition be filed “within 10 days of the date of mailing.” In
addition, such petitions were made subject to a fee. The 2008 amendment added the possibility
of a refund of the petition fee.
Over the past several years, reconsideration has been requested on a number of matters and the
process has been time consuming for the City Council, staff, applicants, petitioners and
interested parties. As a result, revisions are proposed to improve the operational aspects of
reconsidering an item.
The proposed changes include modifying the public reconsideration provision to provide initial
review and determination by a subcommittee appointed by the City Council. Only if the
subcommittee determines that at least one of the criteria specified in 2.08.096 has been addressed
will the matter be referred to the City Council for a reconsideration hearing. If the petition does
not meet the minimum standard, as determined by the subcommittee, the petition will be denied.
Discussion
The changes:
1. Clarify that the City Clerk is to mail notices to the applicant or appellant.
68
2. Clarify the time period within which a petition for reconsideration must be filed. Fifteen (15)
calendar days should be a sufficient time period and should run from the date of decision.
3. Clarify the time period within which a decision on reconsideration must be made. The
current language calls for the matter to be scheduled within sixty (60) calendar days of the
petition being filed; additional language calls for the matter to be concluded within sixty (60)
calendar days of the end of the new hearing. The new language will require a decision by the
subcommittee within thirty (30) days and a final decision by the City Council no later than sixty
(60) days after filing the petition, in the event the item is referred to the City Council.
4. Add a provision providing for an initial review of the written material in the petition, by a
City Council subcommittee, for a determination of whether at least one of the criteria is met. In
the event no criteria are found, the reconsideration hearing shall not go forward. If after an
initial review, the subcommittee finds at least one criterion is met; a date shall be set for a full
City Council review of the petition on the merits.
_____________________________________
Prepared by: Teresa Zueger
Reviewed by: David W. Knapp
Approved for Submission by: David W. Knapp, City Manager
Attachments:
69
ORDINANCE NO. 11-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 2.08.096 OF THE CUPERTINO MUNICIPAL CODE
REGARDING RECONSIDERATION-SOUGHT BY INTERESTED PERSON
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Code Amendment. Section 2.08.096 of the Cupertino Municipal Code
is hereby amended to read as follows:
A. After the decision of the City Council, the City Clerk shall forthwith mail all
notices of decisions to the applicant or appellant after the decision of the City
Council. Any interested person, prior to seeking judicial review of any
adjudicatory decision of the City Council, shall file a petition for
reconsideration with the City Clerk within fifteen (15) calendar days of the
date of the mailing of the notice of decision. Failure to file a petition for
reconsideration constitutes a waiver of the right to request reconsideration and
the City Council’s decision shall be final for all purposes. Upon timely
receipt of a petition for reconsideration, the City Clerk shall schedule a
reconsideration hearing to be commenced by the City Council no later than
sixty (60) days after the filing of the petition. Mailed notices of the date, time
and place of such hearing will be provided to all interested persons at least ten
(10) days prior to the hearing. At the conclusion of the hearing for
reconsideration, the City Council may affirm, reverse, or modify its original
decision, and may adopt additional findings of fact based upon the evidence
submitted in any and all city hearings concerning the matter.
B. A petition for reconsideration shall specify, in detail, each and every ground
for reconsideration. Failure of a petition to specify any particular ground or
grounds for reconsideration precludes that particular omitted ground or
grounds from being raised or litigated in a subsequent judicial proceeding.
The grounds for reconsideration are limited to the following:
1. An offer of new relevant evidence which, in the exercise of reasonable
diligence, could not have been produced at any earlier city hearing.
2. An offer of relevant evidence which was improperly excluded at any
prior cCity Council hearing.
3. Proof of facts which demonstrate that the City Council proceeded
without, or in excess of its, jurisdiction.
4. Proof of facts which demonstrate that the City Council failed to
provide a fair hearing.
5. Proof of facts which demonstrate that the City Council abused its
discretion by:
a. Not proceeding in a manner required by law; and/or
70
Ordinance No. 11-___ Page 2
b. Rendering a decision which was not supported by findings of
fact; and/or
c. Rendering a decision in which the findings of fact were not
supported by the evidence.
C. Within thirty (30) calendar days of receipt of a petition for reconsideration a
two person subcommittee of the City Council shall review the written material
and determine if the criteria for reconsideration are met. Only if at least one
of the criteria for reconsideration is met, shall the matter actually be
reconsidered by the City Council. The City Clerk shall advise the petitioner in
writing of the subcommittee determination.
1. If the subcommittee determines that one or more of the criteria are met,
the City Clerk shall schedule the item for City Council consideration
within forty-five (45) calendar days of their decision, which shall be held
no later than sixty (60) calendar days from the date the petition was filed
with the City Clerk. Mailed notices of the date, time and place of such
hearing will be provided to the petitioner at least ten (10) calendar days
prior to the hearing.
D. At the conclusion of the City Council hearing for reconsideration, the City
Council may affirm, reverse, or modify its original decision, and may adopt
additional findings of fact based upon the evidence submitted in any city
hearings concerning the matter. The City Council decision shall be final shall
take final action within sixty (60) days and that action shall not be subject to
further reconsideration.
E. A petition for reconsideration is subject to a reconsideration fee as prescribed
by resolution of the City Council. At the conclusion of the reconsideration
hearing, the City Council may, in its sole discretion, refund all, or a portion, of
the reconsideration fee.
Section 2. Statement of Purpose. The Amendment is intended to clarify the
procedural aspects of the reconsideration process.
Section 3. Severability. Should any provision of this Amendment, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are
severable.
Section 4. Effective Date. This Ordinance shall take effect thirty days after
adoption as provided by Government Code Section 36937.
Section 5. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by law.
71
Ordinance No. 11-___ Page 3
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the _____ day
of __________ and ENACTED at a regular meeting of the Cupertino City Council the
_____day of __________ 2011 by the following vote:
Vote Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______
City Clerk Mayor, City of Cupertino
72
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: March 15, 2010
Subject
Second Reading and Adoption of Municipal Code Amendments to the Parking Ordinance.
Recommended Action
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 11-
2074: “An Ordinance of the City Council of the City of Cupertino amending Chapter 19.100
(Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter
19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of
heavy equipment and planned non-operational vehicles in residential zones.” (MCA-2010-06)
(see Attachment A).
Description
Municipal Code Amendment (MCA-2010-05) to Chapter 19.100 and Chapter 19.08 to clarify
language regarding storage and parking of heavy equipment and planned non-operational
vehicles in residential zones.
Discussion
On March 1, 2011, the City Council conducted the first reading of the Municipal Code
amendments to the Parking Ordinance. Attachment A contains the new ordinance language and
Attachment B provides the strikeout version of pages revised by the Council motion. reflects all
of the specific changes directed by the Council.
No other changes have been made to the Ordinance since it was last presented to the Council.
_____________________________________
Prepared by: Piu Ghosh, Associate Planner
Reviewed by: Gary Chao, City Planner, Aarti Shrivastava, Community Development Director
Approved for Submission by: David W. Knapp, City Manager
Attachments:
A. Ordinance No. 11-2074
B. Strike out version of pages revised by the City Council motion.
73
ATTACHMENT A
Ordinance No. 11-2074
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO MUNICIPAL CODE
WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE)
RELATED TO CLARIFYING LANGUAGE REGARDING STORAGE AND PARKING OF
HEAVY EQUIPMENT AND PLANNED NON-OPERATIONAL VEHICLES IN
RESIDENTIAL ZONES.
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment clarifies language regarding storage and parking of vehicles.
Section 2. Code Amendment.
A. Chapter 19.08, entitled “Definitions,” of the Cupertino Municipal Code, is amended to read
as shown in Exhibit 1; and
B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled “Parking Regulations,” of the
Cupertino Municipal Code is amended, to read as shown in Exhibit 2.
Section 3. Severability.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the
provisions hereof are severable.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire
text.
Section 6. CEQA.
Because this ordinance makes purely procedural changes, and improvements to
readability, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines
section 15061(b)(3).
74
-2-
Section 7. Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous
provisions of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of
___________ 2011 and ENACTED at a regular meeting of the Cupertino City Council on this
____ of __________ 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
75
ATTACHMENT I
-1-
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and Applicability.
19.08.020 General Rules for Construction of Language.
19.08.030 Definitions.
19.08.010 Purpose and Applicability.
The purpose of this chapter is to promote consistency and precision in the interpretation of
zoning regulations. The meaning and construction of words and phrases defined in this chapter
shall apply throughout the zoning regulations, except where the context of such word or
phrases clearly indicates a different meaning or construction.
(Ord. 1601, Exh. A (part), 1992)
19.08.020 General Rules for Construction of Language.
The following general rules of construction shall apply to the text of the zoning regulations:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of any provision and
any caption or illustration, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “may” is
discretionary.
D. References in the masculine and feminine genders are interchangeable.
E. Words used in the singular include the plural, and the plural includes the singular, unless
the context clearly indicates the contrary.
F. The words “activities” and “facilities” include any part thereof.
G. Unless the context clearly indicates to the contrary, the following conjunctions shall be
interpreted as follows:
1. “And” indicates that all connected items or provisions shall apply;
2. “Or” indicates that the connected items or provisions may apply singly or in any
combination;
3. “Either . . . or” indicates that the connected items or provisions shall apply singly but
not in combination.
H. The words “lot” and “plot” are interchangeable.
I. The word “building” includes the word “structure.”
J. All public officials, bodies, and agencies to which reference is made are those of the City
unless otherwise indicated.
K. “City” means the City of Cupertino.
76
-2-
(Ord. 1601, Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
“Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
“Abutting” means having property or district lines in common.
“Accessory building” means a building which is incidental to and customarily associated
with a specific principal use or facility and which meets the applicable conditions set forth
in Chapter 19.80.
“Accessory structure” means a subordinate structure, the use of which is purely incidental
to that of the main building and which shall not contain living or sleeping quarters.
Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are
excluded.
“Addition” means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.
“Adult bookstore” means a building or portion thereof used by an establishment having as
a substantial or significant portion of its stock in trade for sale to the public or certain
members thereof, books, magazines, and other publications which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas,” as hereinafter defined.
“Adult cabaret” means a building or portion thereof used for dancing purposes thereof or
area used for presentation or exhibition or featuring of topless or bottomless dancers,
strippers, male or female impersonators or similar entertainers, for observations by patrons
or customers.
“Adult motion picture theater” means a building or portion thereof or area, open or
enclosed, used for the presentation of motion pictures distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined, for observation by patrons or
customers.
“Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer
yards, bone yard, or plants for the reduction of animal matter or any other similar use.
“Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
“Alteration” means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of
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buildings or structures on a site, or substantial change in appearances of any building or
structure.
1. “Incidental alteration” means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure;
any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other
utility services, fixtures, or appliances; any addition, closing, or change in size of doors
or windows in the exterior walls; or any replacement of a building facade which does
not increase the structural strength of the structure.
2. “Structural alteration” means any alteration not deemed an incidental alteration.
“Amusement park” means a commercial facility which supplies various forms of indoor
and outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. “Adult animal” means any animal four months of age or older.
2. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or
similar domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. “Small animal” means animals which are commonly found in single-
family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
“Animal care” means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
“Apartment” means a room or a suite of two or more rooms which is designed for,
intended for, and occupied by one family doing its cooking therein.
“Apartment house” means a building designed and used to house three or more families,
living independently of each other.
“Apartment project” means a rental housing development consisting of two or more
dwelling units.
“Architectural feature” means any part or appurtenance of a building or structure which is
not a portion of the living area of the building or structure. Examples include: cornices,
canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any
projection of the floor area shall not constitute an architectural projection.
“Atrium” means a courtyard completely enclosed by walls and/or fences.
“Attic” means an area between the ceiling and roof of a structure, which is unconditioned
(not heated or cooled) and uninhabitable.
“Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The
sale of food or grocery items on the same site is prohibited except for soft drinks and snack
foods, either from automatic vending machines or in shelves. The sale of alcoholic
beverages on the site is governed by Chapter 19.106.
“Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tuneups, smog certificates, servicing of tires, brakes,
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batteries and similar accessories, and minor repairs involving engine accessories. Any
repair which requires the engine, drive train, transmission assembly, exhaust system, or
drive train parts to be removed from a motor vehicle or requires the removal of internal
parts shall not be considered minor. Body and paint shop operations are not minor repairs
or maintenance.
“Average percent of slope” means the ratio between vertical and horizontal distance
expressed in percent; the mathematical expression is based upon the formula described
below:
S = I x L x 100
A
S = Average slope of ground in percent
I = Contour interval in feet
L = Combined length in feet of all contours on parcel
A = Area of parcel in square feet.
B. “B” Definitions:
“Basement” means any floor below the first story in a building that is fully submerged
below grade except for lightwells required for light, ventilation and emergency egress. A
basement may have a maximum exterior wall height of two feet between natural grade and
ceiling.
“Block” means any lot or group of contiguous lots bounded on all sides by streets, railroad
rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or
waterway.
“Boarding home” means any building used for the renting of rooms or providing of table
board for from three to five persons, inclusive, over the age of sixteen years, who are not
members of the same family.
“Building” means any structure used or intended for supporting or sheltering any use or
occupancy when any portion of a building is completely separated from every other portion
thereof by an “area separation wall” as defined by the Uniform Building Code, then each
such portion shall be deemed to be a separate building.
1. Building, Attached. “Attached building” means buildings which are physically
connected by any structural members or wall, excluding decks, patios or fences.
“Building coverage” means that portion of the net lot area encompassed within the
outermost wall line which defines a building enclosure.
“Business” or “commerce” means the purchase, sale or other transaction involving the
handling or disposition of any article, substance or commodity for profit or livelihood,
including, in addition, office buildings, offices, shops for the sale of personal services,
garages, outdoor advertising signs and structures, hotels and motels, and recreational and
amusement enterprises conducted for profit.
“Business or trade school” means a use, except a college or university, providing education
or training in business, commerce, language, or similar activity or pursuit, and not
otherwise defined as a home occupation.
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C. “C” Definitions:
“Canopy” means any roof-like structure, either attached to another structure or
freestanding, or any extension of a roof line, constructed for the purpose of protection from
the elements in connection with outdoor living.
“Car shelter” means a roofed structure or a part of a building not enclosed by walls,
intended and designed to accommodate one or more vehicles.
“Centerline” means the centerline as established by the County Surveyor of Santa Clara
County, the City Engineer, or by the State Division of Highways of the State of California.
“Change of use” means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
changed.
“Child” means a person who is under ten years of age for whom care and supervision are
being provided in a day care home or day care facility.
“Child day care facility” means a facility, licensed by the State or County, which provides
care to children under eighteen years of age in need of personal service, supervisors, or
assistance essential for sustaining the activities of daily living or for the protection of the
individual on a less than twenty-four-hour basis. Child day care facility includes day care
centers and family day care homes and includes the following:
1. “Large child care facility,” which means a facility which provides child and day care to
seven to twelve children inclusive;
2. “Small child care facility,” which means a facility which provides child day care for one
to six children inclusive.
“Church” means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, constitutes prima facie evidence that such use is a church as defined in
this section.
“College” or “university” means an educational institution of higher learning which offers a
course of studies designed to culminate in the issuance of a degree or defined by Section
94302 of the Education Code of the State of California, or successor legislation.
“Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
“Community center” means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
“Community housing project” means a condominium project as defined in Section 135 of
the California Civil Code, a community apartment project as defined in Section 11004 of the
California Business and Professions Code, containing two or more rights of exclusive
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occupancy, or a stock cooperative, as defined in Section 11003.2 of the California Business
and Professions Code, containing two or more separately owned lots, parcels or areas.
“Congregate residence” means any building or portion thereof which contains facilities for
living, sleeping and sanitation, as required pursuant to the Uniform Building, Housing and
Fire Codes and may include facilities for eating and cooking for nontransient occupancy
primarily by persons eighteen years old and older, in which the responsibilities for rent,
housekeeping, cooking and other household maintenance chores are shared among the
occupants.
“Convalescent facility” means a use other than a residential care home providing inpatient
services for persons requiring medical attention, but not providing surgical or emergency
medical services.
“Convenience market” means a use or activity that includes the retail sale of food,
beverages, and small personal convenience items, including sale of food in disposable
containers primarily for off-premises consumption, and typically found in establishments
with long or late hours of operation and in relatively small buildings, but excluding
delicatessens and other specialty food shops and establishments which have a sizable
assortment of fresh fruits, vegetables, and fresh-cut meats.
“Conversion” means a change in the type of ownership of a parcel (or parcels) of land,
together with the existing attached structures, to that defined as a community housing
project, regardless of the present or prior use of such land and structures and whether
substantial improvements have been made or are to be made to such structure.
“Corner triangle” means a triangular-shaped area bounded by:
1. The intersection of the tangential extension of front and end property lines as formed
by the intersection of two public rights-of-way abutting the said property lines; and
2. The third boundary of the triangular-shaped area shall be a line connecting the front
and side property lines at a distance of forty feet from the intersection of the tangential
extension of front and side property lines.
“Court” means an open, unoccupied space, other than a yard, on the same lot with a
building or buildings and which is bounded on two or more sides by such building or
buildings, including the open space in a house court or court apartment providing access.
“Covered parking” means a carport or garage that provides full overhead protection from
the elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
“Day care center” means any child day care facility, licensed by the State or County, other
than a family day care home, and includes infant centers, preschools, and extended day care
facilities.
Day Care Home, Family. “Family day care home” means a home, licensed by the State or
County, which regularly provides care, protection and supervision of twelve or fewer
children, in the provider’s own home, for periods of less than twenty-four hours per day,
while the parents or guardian are away, and includes the following:
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1. “Large-family day care home,” which means a home which provides family day care to
seven to twelve children, inclusive, including children under the age of ten years who
reside at the home;
2. “Small-family day care home,” which means a home which provides family day care to
six or fewer children, including children under the age of sixteen years who reside at
the home.
“Developer” means the owner or subdivider with a controlling proprietary interest in the
proposed community housing project, or the person or organization making application
thereunder.
“Development Permit” means a permit issued by the City Council, Planning Commission,
Design Review Committee, Director of Community Development, or any other decision
body as empowered by the Cupertino Municipal Code, approving architecture, site
improvements, buildings, structures, land and/or uses. Development Permits may include
but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential
Permits, Architectural and Site Approvals, Planned Development Permits, Conditional Use
Permits, Exceptions, Variances or Subdivision Maps.
“District” means a portion of the territory within the City within which certain uses of land,
premises and buildings are permitted and certain other uses of land, premises and buildings
are prohibited, and within which certain yards and other open spaces are required and
certain building site areas are established for buildings, all as set forth and specified in this
title.
“Drinking establishment” means an activity that is primarily devoted to the selling of
alcoholic beverages for consumption on the premises.
“Drive-through establishment” means an activity where a portion of retailing or the
provision of service can be conducted without requiring the customer to leave his or her car.
Driveway, Curved. “Curved driveway” means a driveway with access to the front property
line which enters the garage from the side at an angle of sixty degrees or greater to the front
curbline and which contains a functional twenty-foot-deep parking area that does not
overhang the front property line.
“Duplex” means a building containing not more than two kitchens, designed and used to
house not more than two families living independently of each other.
“Dwelling unit” means a room or group of rooms including living, sleeping, eating, cooking
and sanitation facilities, constituting a separate and independent housekeeping unit,
occupied or intended for occupancy by one family on a nontransient basis and having not
more than one kitchen.
E. “E” Definitions:
Emergency Shelter:
“Emergency shelter, rotating” means a facility that provides temporary housing with
minimal supportive services. Such shelters shall be limited to a time period of two months
in a twelve-month period at any single location and shall meet criteria in Section
19.64.040(A).
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“Emergency shelter, permanent” means a facility that provides temporary housing with
minimal supportive services that is limited to occupancy of six months or less. Such shelters
may be permanently operated and shall meet criteria in Section 19.64.040(B).
“Enclosed” means a covered space fully surrounded by walls, including windows, doors
and similar openings or architectural features, or an open space of less than one hundred
square feet fully surrounded by a building or walls exceeding eight feet in height.
“Entry feature” means a structural element, which leads to an entry door.
“Equestrian center” means a facility for the shelter, display, exhibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture
lands, corrals and trails.
“Equipment yard” means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public
utility service, transportation service, or similar activity, including but not limited to, a
construction material yard, corporation yard, vehicular service center or similar use.
F. “F” Definitions:
“Facility” means a structure, building or other physical contrivance or object.
1. “Accessory facility” means a facility which is incidental to, and customarily associated
with a specified principal facility and which meets the applicable conditions set forth in
Chapter 19.80.
2. “Noncomplying facility” means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the
facility becomes noncomplying. (For the definition for “nonconforming use” see the
definition “use” in this chapter.)
3. “Principal facilities” means a main building or other facility which is designed and
constructed for or occupied by a principal use.
“Family” means an individual or group of persons living together who constitute a bona
fide single housekeeping unit in a dwelling unit. “Family” shall not be construed to include
a fraternity, sorority, club, or other group of persons occupying a hotel, lodginghouse, or
institution of any kind.
“Family day care home” means a home which regularly provides care, protection,
supervision of children in the home for periods of less than twenty-four hours a day, while
the parents or guardians are away.
“First floor” means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to the
appropriate adjoining grade, passes through one story.
“Floor area” means the total area of all floors of a building measured to the outside surfaces
of exterior walls, and including the following:
1. Halls;
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2. Base of stairwells;
3. Base of elevator shafts;
4. Services and mechanical equipment rooms;
5. Interior building area above fifteen feet in height between any floor level and the
ceiling above;
6. Basements with lightwells that do not conform to Section 19.28.060F;
7. In all zones except residential, permanently roofed, but either partially enclosed or
unenclosed building features used for sales, service, display, storage or similar uses.
“Floor area” shall not include the following:
1. Basements with lightwells that conform to Section 19.28.060F;
2. Lightwells;
3. Attic areas;
4. Parking facilities, other than residential garages, accessory to a permitted conditional
use and located on the same site;
5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar
features not substantially enclosed by exterior walls.
“Floor area ratio” means the maximum ratio of gross floor area on a site to the total site area.
“Front wall” means the wall of a building or other structure nearest the street upon which
the building faces, but excluding certain architectural features as defined in this chapter.
“Full cash value” has the meaning assigned to it in the California Revenue and Taxation
Code for property taxation purposes.
G. “G” Definitions:
“Garage” means an accessory building (completely closed) used primarily for the storage of
motor vehicles.
“Grade” or “finished grade” means the lowest point of adjacent ground elevation of the
finished surface of the ground paving, or sidewalk, excluding areas where grade has been
raised by means of a berm, planter box, or similar landscaping feature, unless required for
drainage, within the area between the building and the property line, or when the property
line is more than five feet from the building, between the building and a line five feet from
the building.
“Gross lot area” means the horizontal area included within the property lines of a site plus
the street area bounded by the street centerline up to thirty feet distant from the property
line, the street right-of-way line and the extended side yard to the street centerline.
“Group care activities” means a residential care facility providing continuous care for six or
fewer persons on a twenty-four-hour basis, which requires licensing by a governmental
agency.
“Guest room” means a room which is intended, arranged or designed to be occupied by
occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the
room is located, and which contains no kitchen facilities.
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H. “H” Definitions:
“Habitable floor” means the horizontal space between a floor area of at least seventy square
feet and the ceiling height measuring at least seven feet six inches above it, except for a
kitchen which shall have a ceiling height not less than seven feet above said floor.
“Habitable space” means space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are
not considered habitable space.
“Heavy equipment” means any mechanical or motorized device that is not a vehicle or a
commercial vehicle as defined in 19.08.030(V), including, but not limited to, a backhoe,
cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any
similar device.
“Height” means a
vertical distance
measured parallel to the
natural grade to the
highest point of exterior
construction, exclusive
of chimneys, antennas or
other appurtenances,
except that entry
features are measured to
the top of the wall plate.
Height restriction shall
be established by
establishing a line
parallel to the natural
grade.
“Home occupation” means an accessory activity conducted in a dwelling unit solely by the
occupants thereof, in a manner incidental to residential occupancy, in accord with the
provisions of this title. (For further provisions, see regulations for home occupation in
Chapter 19.92.)
“Hospital” means a facility for providing medical, psychiatric or surgical services for sick or
injured persons, primarily on an inpatient basis, and including ancillary facilities for
outpatient and emergency treatment, diagnostic services, training, research, administration,
and service to patients, employees or visitors.
“Hotel” means a facility containing rooms or groups of rooms, generally without individual
kitchen facilities, used or intended to be used by temporary overnight occupants, whether
on a transient or residential occupancy basis, and whether or not eating facilities are
available on the premises. Hotel includes motel, motor hotel, tourist court, or similar use,
but does not include mobilehome parks or similar uses.
“Household pets” means small animals commonly found in residential areas such as
chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or
equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small
household pets, such as fish, birds or hamsters, which is incidental to any permitted use.
Height Limit for Entry Features
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I. “I” Definitions:
None.
J. “J” Definitions:
“Junkyard” means the use of more than two hundred square feet of the area of any lot for
the storage or keeping of junk, including scrap metals or other scrap material, and/or for
the dismantling or wrecking of automobiles or other vehicles or machinery.
K. “K” Definitions:
“Kitchen” means an area in habitable space used for the preparation of food and including
at least three of the following:
1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas
connections and space for appliances between counters;
2. Counter;
3. Refrigerator;
4. Sink.
L. “L” Definitions:
“Landscaping” means an area devoted to or developed and maintained with native or
exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or decorated
surfaces of rock, stone, brick, block or similar material (excluding driveways, parking,
loading or storage areas), and sculptural elements.
“Late evening activities” means an activity which maintains any hours of operation during
the period of eleven p.m. to seven a.m.
“Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in
the zone; or lots or parcels of record which are reduced to a substandard lot size as a result
of required street dedication unless otherwise provided in the City of Cupertino General
Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel for
residential purposes. The owner of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous
property on the same street frontage as of or after July 1, 1984.
“Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
“Liquor store” means a use requiring a State of California “off-sale general license” (sale for
off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of
the total dollar sales accounted for by beverage covered under the off-sale general license.
“Living space” means habitable space and sanitation.
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“Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
“Lodging” means the furnishing of rooms or groups of rooms within a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling
unit, for overnight occupancy on a residential occupancy basis, whether or not meals are
provided to such person. Lodging shall be subject to the residential density requirements of
the district in which the use is located.
“Lodging unit” means a room or group of rooms not including a kitchen, used or intended
for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit
providing lodging where designed or used for occupancy by more than two persons; each
two-person capacity shall be deemed a separate lodging unit for the purpose of determining
residential density; each two lodging units shall be considered the equivalent of one
dwelling unit.
“Lot” or “site” means a parcel of land consisting of a single lot of record, used or intended
for use under the regulations of this title as one site for a use or a group of uses.
1. “Corner lot” means a lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street lines.
2. “Flag lot” means a lot having access to a street by means of a private driveway or parcel
of land not otherwise meeting the requirement of this title for lot width.
3. “Interior lot” means a lot other than a corner lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
5. “Lot area” means the area of a lot measured horizontally between boundary lot lines,
but excluding a portion of a flag lot providing access to a street and lying between a
front lot line and the street, and excluding any portion of a lot within the lines of any
natural watercourse, river, stream, creek, waterway, channel or flood control or
drainage easement and excluding any portion of a lot within a street right-of-way
whether acquired in fee, easement or otherwise.
“Lot coverage” means and encompasses the following:
1. “Single-family residential use” means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities.
2. “All other uses except single-family residential” means the total land area within a site
that is covered by buildings, excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
“Lot depth” means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is
no clear rear lot line.
“Lot line” means any boundary of a lot.
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1. “Front lot line” means on an interior lot, the lot line abutting a street, or on a corner lot,
the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to
and nearest the street from which access is obtained.
2. “Interior lot line” means any lot line not abutting a street.
3. “Rear lot line” means the lot line not intersecting a front lot line which is most distant
from and the most closely parallel to the front lot line. A lot bounded by only three lot
lines will not have a rear lot line.
4. “Side lot line” means any lot line which is not a front or rear lot line.
5. “Street lot line” means any lot line abutting a street.
“Lot of record” means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
“Lot width” means the horizontal distance between side lot lines, measured at the required
front setback line.
M. “M” Definitions:
“Manufacturing” means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing fabrication,
assembly, treatment, packaging of such products, but excluding basic industrial processing
of extracted or raw materials, processes utilizing inflammable or explosive material (i.e.,
materials which ignite easily under normal manufacturing conditions), and processes which
create hazardous or commonly recognized offensive conditions.
“Massage” means any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body
with the hands or with any mechanical or electrical apparatus or other appliances or devices
with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment or other similar preparations.
“Massage parlor” means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for
compensation is operated which is not exempted or regulated by the Massage
Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino
Municipal Code, Chapter 9.06.
“Mobilehome” means a vehicle, other than a motor vehicle, designed or used as
semipermanent housing, designed for human habitation, for carrying persons and property
on its own structure, and for being drawn by a motor vehicle, and shall include a trailer
coach.
“Mobilehome park” means any area or tract of land where lots are sold, rented, or held out
for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the
purpose of permanent or semipermanent housing.
“Multiple-family use” means the use of a site for three or more dwelling units which may be
in the same building or in separate buildings on the same site.
N. “N” Definitions:
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“Natural grade” means the contour of the land prior to improvements or development,
unless otherwise established by a city approved grading plan that is part of a subdivision
map approval.
“Net lot area” means the total area included within the property lines of a site, excluding the
following:
1. Any portion of a site within the right-of-way of an existing public street;
2. The portion of a flag lot constituting the access corridor lying between the front
property line and the frontage line of the corridor at the street;
3. The full width of any legal easement used for access purposes.
“Nightclub” means an establishment providing alcoholic beverage service and late evening
(past eleven p.m.) entertainment, with or without food service.
O. “O” Definitions:
“Office” means:
1. “Administrative or executive offices” including those pertaining to the management of
office operations or the direction of enterprise but not including merchandising or sales
services.
2. “Medical office” means a use providing consultation, diagnosis, therapeutic,
preventative or corrective personal treatment services by doctors, dentists, medical and
dental laboratories, and similar practitioners of medical and healing arts for humans,
licensed for such practice by the State of California and including services related to
medical research, testing and analysis.
3. “Professional offices” such as those pertaining to the practice of the professions and arts
including, but not limited to, architecture, dentistry, engineering, law and medicine,
but not including sale of drugs or prescriptions except as incidental to the principal
uses and where there is external evidence of such incidental use.
“Offset” means the indentation or projection of a wall plane.
“Open” means a space on the ground or on the roof of a structure, uncovered and
unenclosed.
“Organizational documents” means the declaration of restrictions, articles of incorporation,
bylaws and any contracts for the maintenance, management or operation of all or any part
of a community housing project.
“Outdoor recreation use” means a privately owned or operated use providing facilities for
outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor
sport or recreation, operated predominantly in the open, except for accessory or incidental
enclosed services or facilities.
P. “P” Definitions:
“Park” means any open space, reservation, playground, swimming pool, golf course,
recreation center, or any other area in the City owned or used by the City or County and
devoted to active or passive recreations.
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“Parking area” means an unroofed, paved area, delineated by painted or similar markings,
intended and designed to accommodate one or more vehicles.
“Parking facility” means an area on a lot or within a building, or both, including one or
more parking spaces, together with driveways, aisles, turning and maneuvering areas,
clearances and similar features, and meeting the requirements established by this title.
Parking facility includes parking lots, garages and parking structures.
1. “Temporary parking facility” means parking lots which are not required under this title
and which are intended as interim improvements of property subject to removal at a
later date.
“Parking space” means an area on a lot or within a building, used or intended for use for
parking a motor vehicle, having permanent means of access to and from a public street or
alley independently of any other parking space, and located in a parking facility meeting the
requirements established by this title. Parking space is equivalent to the term “parking
stall” and does not include driveways, aisles or other features comprising a parking facility
as previously defined in this chapter.
“Personal fitness training center” means a facility providing space and equipment, with or
without supervision, for group or individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for athletic injury.
“Picnic area” means a facility providing tables and cooking devices for preparation and
consumption of meals out of doors or within an unenclosed shelter structure.
“Practice range” means a facility providing controlled access to fixed or movable objects
which are used to test and measure accuracy of discharge from a weapon.
“Private educational facility” means a privately owned school, including schools owned and
operated by religious organizations, offering instruction in the several branches of learning
and study required to be taught in the public schools by the Education Code of the State of
California.
“Professional office” means a use providing professional or consulting service in the fields
of law, architecture, design, engineering, accounting, and similar professions, including
associated testing and prototype development, but excluding product manufacturing or
assembly.
“Project improvements” means all public road improvements, undergrounding utility
improvements, and improvements to the on-site utility networks as required by the City of
Cupertino for a community housing project.
“Projection” means architectural elements, not part of the main building support, that
cantilevers from a single building wall or roof, involving no supports to the ground other
than the one building wall from which the element projects.
“Property” means real property which includes land, that which is affixed to the land, and
that which is incidental or appurtenant to the land as defined in Civil Code Sections 658
through 662.
1. Property, Adjoining. “Adjoining property” means any unit of real property, excluding
lands used as public streets, sharing one or more common points with another
property.
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“Provider” means a person who operates a child day care home and is licensed by the State
of California.
“Public dancehall” is a building or portion thereof used for dancing purposes to and in
which the general public is admitted and permitted to dance, upon payment of any fee other
than compensation, or upon payment of a charge for admission, or for which tickets or other
devices are sold, or in which a charge is made for the privilege of dancing with any other
person employed for such purpose by the operator of such establishment, including but not
limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the
dancing is incidental only to other entertainment.
Q. “Q” Definitions:
None.
R. “R” Definitions:
“Recreational open space” means open space within a community housing project
(exclusive of required front setback areas) which shall be used exclusively for leisure and
recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on
the project and to which such occupants (and their visitors) have the right of use and
enjoyment. Accessory structures such as swimming pools, recreational buildings and
landscaped areas may be included as open space.
“Recycling center” means facilities appurtenant and exterior to an otherwise allowed use,
which are utilized for collection of recyclable materials such as metal, glass, plastic, and
paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse-
vending machines exceeding fifty cubic feet in size.
“Religious institution” means a seminary, retreat, monastery, conference center, or similar
use for the conduct of religious activities including accessory housing incidental thereto, but
excluding a private educational facility. Any such use for which a property tax exemption
has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, or which is used in connection with any church which has received
such an exemption, shall be prima facie presumed to be a religious institution.
“Residential care facility” means a building or portion thereof designed or used for the
purpose of providing twenty-four-hour-a-day nonmedical residential living
accommodations pursuant to the Uniform Building, Housing and Fire Codes, in exchange
for payment of money or other consideration, where the duration of tenancy is determined,
in whole or in part, by the individual resident’s participation in group or individual
activities such as counseling, recovery planning, medical or therapeutic assistance.
Residential care facility includes, but is not limited to, health facilities as defined in
California Health and Safety Code (H&SC) Section 1250 et seq., community care facilities
(H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section 1569 et
seq.), and alcoholism or drug abuse recovery or treatment facilities (H&SC Section
11384.11), and other similar care facilities.
Restaurant:
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1. Restaurant, Fast-Food. “Fast-food restaurant” means a retail food service establishment
in which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food and beverages off-site. A separate bar facility
for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for
serving alcoholic beverages shall be considered a separate bar facility. Specialty food
stores, such as ice cream stores, bakeries or shops, shall not be considered fast-food
restaurants.
2. Restaurant, Full Service. “Full-service restaurant” means any restaurant which is not a
fast-food restaurant. Alcoholic beverages may be served with meals at a customer’s
dining table; however, a separate bar facility for serving alcoholic beverages is not
permitted without a use permit.
“Research and development” means a use engaged in study, design, analysis and
experimental development of products, processes or services, including incidental
manufacturing of products or provisions of services to others.
“Residential care home” means the use of a dwelling unit or portion thereof licensed by the
State of California or County of Santa Clara, for care of up to six persons, including
overnight occupancy or care for extended time periods, and including all uses defined in
Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor
legislation.
“Reverse vending machine” means a mechanical device which accepts one or more types of
empty beverage containers and issues a cash refund or credit slip.
“Rotating homeless shelter” means a shelter located in an existing church structure, the
shelter provided not to exceed two months in any twelve-month period at any single
location, and the number of occupants not to exceed twenty-five, hours of operation not to
exceed six p.m. to seven a.m.
S. “S” Definitions:
“Screened” means shielded, concealed, and effectively hidden from view at an elevation of
up to eight feet above ground level on adjoining sites, or from adjoining sites, within ten feet
of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof.
“Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel
as the single-family dwelling is situated.
“Setback line” means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-
way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no minimum
front, side or rear yards are specified, the setback line shall be coterminous with the
corresponding lot line.
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Setback Area, Required. “Required setback area” means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line
and the setback line on the same site.
1. Setback Area, Required Front Yard. “Required front-yard setback area” means the
setback area extending across the front of a lot between the front lot line and the
setback line. Front yards shall be measured either by a line at right angles to the front
lot line, or by a radial line in the case of a curved front lot line, except flag lots which is
the area extending across the full extent of the buildable portion of the flag lot
measured from the property line which is parallel to and nearest the street line and at
which point the lot width equals a minimum of sixty feet. The Planning Commission
shall have the discretion to modify the provisions of this definition when it improves
the design relationship of the proposed buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. “Required rear-yard setback area” means the area
extending across the full width of the lot between the rear lot line and the nearest line
or point of the main building.
3. Setback Area, Required Side Yard. “Required side-yard setback area” means the area
between the side lot line and the nearest line of a building, and extending from the
front setback line to the rear setback line.
“Shopping center” means a group of commercial establishments, planned, developed,
owned or managed as a unit, with off-street parking provided on the site.
“Single-family use” means the use of a site for only one dwelling unit.
“Specialty food stores” means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
“Story” means that portion of a building, excluding a basement, between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
“Street” means a public or private thoroughfare the design of which has been approved by
the City which affords the principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an
alley as defined in this chapter.
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1. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and
portions thereof and including extensions in the length and width, which have been
dedicated by the owners thereof to public use, acquired for public use, or in which a
public easement for roadway purposes exists.
“Structure” means that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
1. Structure, Recreational. “Recreational structure” means any affixed accessory structure
or portion thereof, which functions for play, recreation or exercise (e.g., pool slides,
playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs
and pools) but does not include portable play structures, such as swings or climbing
apparatus.
“Structurally attached” means any structure or accessory structure or portion thereof, which
is substantially attached or connected by a roof structure or similar physical attachment.
“Supportive housing” (per CA Health and Safety Code 50675.14(b)) means housing with no
limit on length of stay, that is occupied by the target population, and that is linked to onsite
or offsite services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
T. “T” Definitions:
“Target population” (per CA Health and Safety Code 53260(d)) means adults with low
incomes having one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health conditions, or individuals eligible for services provided under
the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code) and may, among other populations,
include families with children, elderly persons, young adults aging out of the foster care
system, individuals exiting from institutional settings, veterans, or homeless people.
“Transient” means any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of thirty
consecutive calendar days or less, counting portions of calendar days as full days, and
including any individual who actually physically occupies the premises, by permission of
any other person entitled to occupancy.
“Transitional housing” and "transitional housing development" (per CA Health and Safety
Code 50675.2 (h)) means buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of
the assisted unit to another eligible program recipient at some predetermined future point
in time, which shall be no less than six months.
U. “U” Definitions:
“Use” means the conduct of an activity, or the performance of a function or operation, on a
site or in a building or facility.
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1. “Accessory use” means a use which is incidental to and customarily associated with a
specified principal use.
2. “Conditional use” means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable therein solely on a discretionary
use/conditional basis, subject to issuance of a conditional use permit, and to all other
regulations established by this title.
3. “Nonconforming use” means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any
district to the property involved, by reason of which adoption or application the use
became nonconforming. (See “noncomplying facilities” in this chapter for a definition.)
4. “Permitted use” means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
5. “Principal use” means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
“Useable rear yard” means that area bounded by the rear lot line(s) and the rear building
line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in
calculation of usable rear yard area.
V. “V” Definitions:
“Vehicle” means any boat, bus, trailer, motor home, van, camper (whether or not attached to
a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup,
airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts
thereof, or any device by which any person or property may be propelled, moved or drawn
upon a public street, excepting a device moved exclusively by human power.
1. Vehicle, commercial. “Commercial vehicle” means a vehicle of a type required to be
registered under the California Vehicle Code used or maintained for the transportation
of persons for hire, compensation, or profit or designed, used, or maintained primarily
for the transportation of goods.
2. Vehicle, Recreation. “Recreation vehicle” means a vehicle towed or self-propelled on its
own chassis or attached to the chassis of another vehicle and designed or used for
temporary dwelling, recreational or sporting purposes. The term recreation vehicle
includes, but is not limited to, trailers, motor coach homes, converted trucks and buses,
and boats and boat trailers.
“Visual privacy intrusion” means uninterrupted visual access from a residential dwelling or
structure into the interior or exterior areas of adjacent residential structures, which area is
either completely or partially private, designed for the sole use of the occupant, and/or
which serves to fulfill the interior and/or exterior privacy needs of the impacted residence
or residences.
W. “W” Definitions:
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None.
X. “X” Definitions:
None.
Y. “Y” Definitions:
“Yard” means an area within a lot, adjoining a lot line, and measured horizontally, and
perpendicular to the lot line for a specified distance, open and unobstructed except for
activities and facilities allowed therein by this title.
1. “Front yard” means a yard measured into a lot from the front lot line, extending the full
width of the lot between the side lot lines intersecting the front lot line.
2. “Rear yard” means a yard measured into a lot from the rear lot line, extending between
the side yards; provided that for lots having no defined rear lot line, the rear yard shall
be measured into the lot from the rearmost point of the lot depth to a line parallel to the
front lot line.
3. “Side yard” means a yard measured into a lot from a side lot line, extending between
the front yard and rear lot line.
Z. “Z” Definitions:
None.
96
ATTACHMENT II
-1-
CHAPTER 19.100 PARKING (Partial)
19.100.030 Regulations for Parking and Storage of Vehicles in Various Zones.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a
front or street side yard setback area or within twelve feet of a public right-of-way in a rear
yard area in all residential zones subject to the following restrictions:
a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot
size of ten thousand square feet or less, a maximum of six vehicles are permitted in all
other residential zones, unless a greater number is approved by the City in conjunction
with a development plan. For purposes of counting vehicles, a camper mounted on a
pickup truck is considered one vehicle and other similarly vertically stacked
components which belong together shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
c. No portion of any vehicle may overhang any public right-of-way;
d. All vehicles must be parked on a permanent impervious or semi-pervious surface.
Semi-pervious surfaces include unit pavers, turf block, brick, cobbles, gravel or other
like materials that must allow for partial infiltration of water and must prevent direct
contact with soil. Impervious surfaces include concrete, asphalt or other like materials
that do not allow infiltration of water. Impervious surfaces may not exceed forty
percent of the front yard area. Notwithstanding the above, impervious surfaces may
not exceed fifty percent of the front yard area on a lot less than sixty feet in width;
e. All vehicles must be either currently registered, where registration is required for legal
operation and in good operating condition or have a planned non -operation permit on
file with the Department of Motor Vehicles;
f. Residential driveways connecting to a detached garage or carport in the rear yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in
length. Lots that are more than one hundred fifty feet in length shall have a minimum
driveway width of twelve (12) feet connecting to a detached garage or carport in the
rear yard.
g. In a new residential development, driveways shall have a minimum clearance of two
(2) feet from a building wall, fence, or property line;
h. Except on lots with circular driveways which conform to the provisions of this code, all
vehicles parked in the front or street side yard setback area must be parked
perpendicular to the street. On lots with circular driveways which conform to the
provisions of this code, all vehicles parked in the front or street side yard setback area
are limited to less than twenty feet in length, unless parked perpendicular to the street.
Owners of vehicles made nonconforming by the adoption of this section shall comply
with this provision within two years of its enactment;
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i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten
thousand pounds or more, or a total combination of motor truck, truck tractor and/or
trailers that exceeds sixty feet in length is not permitted.
[Provisions A(2)-A(8) and Provisions B – E unchanged]
19.100.040 Regulations for Off-Street Parking.
[Provisions A-K unchanged]
L. Heavy equipment may only be stored within entirely enclosed structures or behind six-
foot-high fencing in interior side yard and rear yard setback areas. In no case shall these
items be visible from the street even when placed in permitted areas. The above provisions
in this subsection shall not apply to heavy equipment stored on site that is being used for
construction or installation of improvements with a valid building or grading permit.
[Provisions M-Q unchanged]
98
ATTACHMENT B
Ordinance No. 11.XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING
CHAPTER 19.100 (PARKING REGULATIONS) OF THE CUPERTINO MUNICIPAL CODE
WITH ASSOCIATED AMENDMENTS TO CHAPTER 19.08 (DEFINITIONS ORDINANCE)
RELATED TO CLARIFYING LANGUAGE REGARDING STORAGE AND PARKING OF
HEAVY EQUIPMENT, AIRCRAFT AND PLANNED NON-OPERATIONAL VEHICLES IN
RESIDENTIAL ZONES.
THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS:
Section 1. Statement of Purpose.
This ordinance amendment clarifies language regarding storage and parking of vehicles.
Section 2. Code Amendment.
A. Chapter 19.08, entitled “Definitions,” of the Cupertino Municipal Code, is amended to read
as shown in Exhibit 1; and
B. Sections 19.100.030 and 19.100.040 in Chapter 19.100, entitled “Parking Regulations,” of the
Cupertino Municipal Code is amended, to read as shown in Exhibit 2.
Section 3. Severability.
Should any provision of this Ordinance, or its application to any person or circumstance, be
determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise
void, that determination shall have no effect on any other provision of this Ordinance or the
application of this Ordinance to any other person or circumstance and, to that end, the
provisions hereof are severable.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as
provided by Government Code Section 36937.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice
of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of
this Ordinance may be published and posted in lieu of publication and posting of the entire
text.
Section 6. CEQA.
Because this ordinance makes purely procedural changes, and improvements to
readability, this ordinance is exempt from CEQA review pursuant to CEQA Guidelines
section 15061(b)(3).
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(Ord. 1601, Exh. A (part), 1992)
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
1. “Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
2. “Abutting” means having property or district lines in common.
3. “Accessory building” means a building which is incidental to and customarily associated
with a specific principal use or facility and which meets the applicable conditions set forth
in Chapter 19.80.
4. “Accessory structure” means a subordinate structure, the use of which is purely incidental
to that of the main building and which shall not contain living or sleeping quarters.
Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are
excluded.
5. “Addition” means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.
6. “Adult bookstore” means a building or portion thereof used by an establishment having as
a substantial or significant portion of its stock in trade for sale to the public or certain
members thereof, books, magazines, and other publications which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to “specified
sexual activities” or “specified anatomical areas,” as hereinafter defined.
7. “Adult cabaret” means a building or portion thereof used for dancing purposes thereof or
area used for presentation or exhibition or featuring of topless or bottomless dancers,
strippers, male or female impersonators or similar entertainers, for observations by patrons
or customers.
8. “Adult motion picture theater” means a building or portion thereof or area, open or
enclosed, used for the presentation of motion pictures distinguished or characterized by an
emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined, for observation by patrons or
customers.
9. “Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer
yards, bone yard, or plants for the reduction of animal matter or any other similar use.
10. “Aircraft” means a vehicle designed for travel through air, including but not limited to,
airplanes, helicopters, hot air balloons and gliders.
10. “Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
100
ATTACHMENT II
-1-
CHAPTER 19.100 PARKING (Partial)
19.100.030 Regulations for Parking and Storage of Vehicles in Various Zones.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles are permitted to be placed, kept or parked in a
front or street side yard setback area or within twelve feet of a public right-of-way in a rear
yard area in all residential zones subject to the following restrictions:
a. A maximum of four vehicles are permitted on a lot in residential zone requiring a lot
size of ten thousand square feet or less, a maximum of six vehicles are permitted in all
other residential zones, unless a greater number is approved by the City in conjunction
with a development plan. For purposes of counting vehicles, a camper mounted on a
pickup truck is considered one vehicle and other similarly vertically stacked
components which belong together shall be counted as a single vehicle. Horizontal
groupings shall be counted as two vehicles;
b. Any open vehicle containing trash or debris is prohibited;
c. No portion of any vehicle may overhang any public right-of-way;
d. All vehicles must be parked on a permanent impervious or semi-pervious surface.
Semi-pervious surfaces include unit pavers, turf block, brick, cobble, gravel or other
like materials and that must allow for partial infiltration of water and prevent direct
contact with soil. Impervious surfaces include concrete, asphalt or other like materials
that do not allow infiltration of water. Impervious surfaces may not exceed forty
percent of the front yard area. Notwithstanding the above, impervious surfaces may
not exceed fifty percent of the front yard area on a lot less than sixty feet in width;
e. All vehicles must be either currently registered, where registration is required for legal
operation and in good operating condition or have a planned non-operation permit on
file with the Department of Motor Vehicles;
f. Residential driveways connecting to a detached garage or carport in the rear yard shall
have a minimum width of ten (10) feet on lots less or equal to one hundred fifty feet in
length. Lots that are more than one hundred fifty feet in length shall have a minimum
driveway width of twelve (12) feet connecting to a detached garage or carport in the
rear yard.
g. In a new residential development, driveways shall have a minimum clearance of two
(2) feet from a building wall, fence, or property line;
h. Except on lots with circular driveways which conform to the provisions of this code, all
vehicles parked in the front or street side yard setback area must be parked
perpendicular to the street. On lots with circular driveways which conform to the
provisions of this code, all vehicles parked in the front or street side yard setback area
are limited to less than twenty feet in length, unless parked perpendicular to the street.
Owners of vehicles made nonconforming by the adoption of this section shall comply
with this provision within two years of its enactment;
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i. Any commercial vehicle with a manufacturer's gross vehicle weight rating of ten
thousand pounds or more, or a total combination of motor truck, truck tractor and/or
trailers that exceeds sixty feet in length is not permitted.
[Provisions A(2)-A(8) and Provisions B – E unchanged]
19.100.040 Regulations for Off-Street Parking.
[Provisions A-K unchanged]
L. Heavy equipment and aircraft may only be stored within entirely enclosed structures or
behind six-foot-high fencing in interior side yard and rear yard setback areas. In no case
shall these items be visible from the street even when placed in permitted areas. The above
provisions in this subsection shall not apply to heavy equipment stored on site that is being
used for construction or installation or improvements with a valid building or grading
permit.
[Provisions M-Q unchanged]
102
DRAFT MINUTES
Cupertino City Council & Cupertino Redevelopment Agency ~ Joint Special Meeting
Cupertino City Council ~ Special Meeting
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, February 15, 2011
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL MEETING
ROLL CALL
At 4:05 p.m. Mayor Gilbert Wong called the joint special meeting to order in the Council
Chambers, 10350 Torre Avenue, Cupertino, California.
City Council members Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council
members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
Redevelopment Agency members Present: Chair Gilbert Wong, Vice-Chair Mark Santoro, and
Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
CLOSED SESSION
At 4:06 p.m. the City Council and the Redevelopment Agency recessed to a closed session to
discuss the following item:
1. Subject: Conference with Legal Counsel - Initiation of Litigation (one case) (Gov't Code
54956.9(c))
Page: No written materials in packet
REDEVELOPMENT AGENCY RECESS – At 4:25 p.m. the Redevelopment Agency recessed
and the City Council meeting continued.
CITY COUNCIL SPECIAL MEETING
CLOSED SESSION
At 4:26 p.m. the City Council held a closed session to discuss the following items:
2. Subject: Conference with Real Property Negotiator (Gov’t Code 54956.8); Property: 10800
Torre Ave, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential lessee;
Under Negotiation: Lease - price and terms of payment
103
February 15, 2011 Cupertino City Council Page 2
Cupertino Redevelopment Agency
3. Subject: Conference with legal counsel - Significant exposure to litigation - (One case) (Gov’t
Code 54956.9(b))
Page: No written materials in packet
RECESS
The City Council was in recess from 5:13 p.m. to 6:48 p.m.
Mayor Wong reported out from the closed session meetings. He said that on item No. 1, Council
and the Redevelopment Agency obtained briefing and took no action.
On item No. 2, Council gave direction to the real property negotiator and took no action.
On item No. 3, Council took no action.
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber,
10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang
(6:50 p.m.), Orrin Mahoney, and Kris Wang. Absent: none.
CEREMONIAL MATTERS – PRESENTATIONS
4. Subject: Proclamation recognizing the Santa Clara County Library, the Friends of the
Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual
Silicon Valley Reads (continued from February 1)
Recommended Action: Present proclamation
Council member Orrin Mahoney talked about the program.
Mayor Wong presented the proclamation to the Friends of the Cupertino Library
representatives.
5. Subject: Presentation about the local branch of Hindu Swayamsevak Sangh (HSS), a
voluntary, non-profit, social and cultural organization which aims at preserving and passing
on ancient Hindu heritage and cultural values
Recommended Action: Receive presentation
Mr. Girish Thobbi, representing Health for Humanity, gave a Power Point presentation about
the organization.
The Council received the presentation.
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6. Subject: Recognition of the City of Cupertino Finance Department for its excellence in
preparing the operating budgeting for Fiscal Year 09-10 from the California Society of
Municipal Finance Officers (CSMFO)
Recommended Action: Recognize Finance Department
Mayor Wong presented the award to Administrative Services Director Carol Atwood and
Finance Director David Woo.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS
Deputy City Clerk Grace Schmidt distributed the following written communications:
For item No. 15:
· An email from Darrel Lum including some comments and recommendations regarding
the Matrix Consulting Group management study
· A report from the Planning Commission Subcommittee on process improvements
For item no. 16, a staff PowerPoint presentation.
For item no. 17:
· A letter from John Bene of AT&T stating that the Petition for Reconsideration should be
denied because it fails to identify grounds for reconsideration
· An addendum to the petition from Grace Chen and Guo Jin
· A staff PowerPoint presentation.
ORAL COMMUNICATIONS
Ann Smart, Associate Director for Energy and Environmental Policy with the Silicon Valley
Leadership Group, invited Council to an event in Washington, D.C. March 15-17. This is an
annual visit and will focus on several federal priorities with an emphasis on U.S. jobs and
competitiveness.
Darcy Paul stated that a local store owner had discussed with him a problem with students
loitering and smoking during lunch hour and after school. Mr. Paul called Code Enforcement
who referred him to the loitering law, Chapter 10.56. He noted that this law refers to a smoking
ordinance that doesn’t exist (Chapter 10.25). He provided handouts showing the code sections in
question. He urged Council to either correct the code or enact a smoking ordinance within the
City.
Three boy scouts from Troop 494, working toward their "Citizenship in the community merit
badge”, spoke to Council about traffic issues in the City. Atharva Bohatgi said that he was
concerned that the crosswalk near Monta Vista High School on McClellan Road has no flashing
lights. Anjan Amarnath said that he was concerned that the crosswalks at the intersection of
Hyannisport and Fort Baker near Kennedy Junior High School and Monta Vista High School
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were confusing to drivers and pedestrians. He suggested installing a timer to allow students to
cross the street at intervals so that cars can pass through smoothly and pedestrians will know
when to enter the crosswalk. Sachiv Shenoi noted that the City has a law stating people over the
age of 10 cannot ride their bike on the sidewalk. He was concerned that the roadway between
Rainbow and Bubb and Rainbow and Stelling has no bike lane so students are forced to bike on
the road without a bike lane in order to obey law.
CONSENT CALENDAR
Wang moved and Mahoney seconded to approve the items on the Consent Calendar as
recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None.
7. Subject: January 18 City Council minutes
Recommended Action: Approve minutes
8. Subject: January 24 City Council minutes
Recommended Action: Approve minutes
9. Subject: January 25 City Council minutes
Recommended Action: Approve minutes
10. Subject: Accounts Payable for period ending January 28, 2011
Recommended Action: Adopt Resolution No. 11-017
11. Subject: Payroll for period ending February 4, 2011
Recommended Action: Adopt Resolution No. 11-018
12. Subject: Treasurer's Investment and Budget Report for quarter ending December 2010
Recommended Action: Accept the report
13. Subject: Treasurer and Deputy Treasurer Appointments
Recommended Action: Adopt Resolution No. 11-019
Description: Extends the appointments of the current City Treasurer and Deputy Treasurer
14. Subject: Grant of easement for sidewalk purposes, Apple Inc., a California corporation,
19333 Vallco Parkway, APN(s) 316-20-075 and 316-20-076
Recommended Action: Adopt Resolution No. 11-020
Description: The property owner of this commercial development agrees to grant to the City
an easement for public sidewalk purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property
ITEMS REMOVED FROM THE CONSENT CALENDAR (if any)
Mayor Wong read a statement provided by Administrative Services Director Carol Atwood
explaining the smoking ordinance history: The City used to have a smoking ordinance but it was
eliminated in the City code to follow what was written in the State code. Within the next 12
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months, staff will present a no smoking ordinance for recreational areas and trails. The County
gave the City a grant to promote anti-smoking.
PUBLIC HEARINGS
15. Subject: Development Permit Process
Recommended Action:
a. Provide direction to staff on the list of recommended changes and any additional
modifications/enhancements to the permit process and public engagement policy (see
Attachment A)
b. Authorize Staff to work on modifications to the Zoning Ordinances as required by the
above changes
Description: Application: CP-2010-01; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Review of the Management Study of the Permit Process and
opportunities to enhance the quality of the City’s permit services and organizational
efficiency
Written communications for this item included:
· An email from Darrel Lum including comments and recommendations regarding the
Matrix Consulting Group management study
· A report from the Planning Commission subcommittee on process improvements
Associate Planner Piu Ghosh and Community Development Director Aarti Shrivastava
reviewed the staff report via a PowerPoint presentation. They noted that the consultant, Ken
Rodrigues, was also in the audience to answer questions as needed.
Mayor Wong opened the public hearing.
Kevin McClelland with the Chamber of Commerce noted that the current system of public
input at the Design Review Committee (DRC) might be better rather than streamlining that
portion of the decision process.
Jennifer Griffin said that she doesn’t want public input or story poles eliminated. She said
that the DRC should be making some of the design decisions rather than staff, noting that
when her Rancho Rinconada neighborhood was annexed to Cupertino that they were
promised the DRC would stay. She urged Council to not bring up R-1 ordinance.
Frank Sun said that the permit process could be better from the applicant’s standpoint if it
were less costly and more consistent. He talked about a recent experience he had with the
building department explaining that he did everything he could with the design and the
studies required. He was told he had to start over again because the architect he was working
with tired of having to redo the studies and quit. He said he ended up spending a lot of time
and money and never could get a permit.
Marty Miller from the Planning Commission said that he was in the audience in case there
were any questions.
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Mayor Wong closed the public hearing.
Council asked questions from staff and some of the previous speakers.
Action: Mahoney moved and Wang seconded to approve the recommendations with the
following amendments. The motion carried unanimously:
• Public engagement policy: increase the notification threshold for the “collaborate level”
to 25 residential units
• Project approval thresholds: Council to approve projects with >50 residential units,
50,000 sq. ft. of commercial/office/non-residential or 100,000 sq. ft. of industrial space
• Discuss keeping the current noticing radii for minor General Plan Amendments and
zoning applications
• Initiate a separate, limited review of the R1 Ordinance related to design review, story
poles and noticing
Council recessed from 9:15 p.m. to 9:30 p.m.
UNFINISHED BUSINESS - None
NEW BUSINESS
16. Subject: Petition for reconsideration of the City Council’s January 4, 2011 decision to deny
an appeal of a Director's Approval for a parking pad to be located at a duplex located at 965-
967 Miller Avenue
Recommended Action: Conduct a hearing and adopt Resolution No. 11-021
Description: Application: DIR-2010-30; Appellant: Erwin Wolf; Applicant: Linda Shen-
Jung (GLSAA, LLC); Location: 965-967 Miller Avenue; APN: 369-19-052; Application
Summary: Petition for Reconsideration of the City Council decision to deny an appeal of a
Director’s Minor Modification decision to allow paving in the front yard of an existing
duplex for the purpose of a parking stall at 965-967 Miller Avenue
Written communications for this item included a staff PowerPoint presentation.
Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation.
Petitioner Erwin Wolf said that it is a safety issue to allow cars to be parked to park in the
area in question because the view is blocked. He noted that it is also difficult for cars to come
from Miller Ave. and park in that area.
Applicants Linda Shen-Jung and Gordon Jung said they had nothing more to add and were
available to answer any questions.
Action: Mahoney moved and Chang seconded to adopt Resolution No. 11-021 denying the
Petition for Reconsideration; therefore, the Director’s approval for a parking pad on Miller
Avenue still stands. The motion carried unanimously.
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17. Subject: Petition for reconsideration of the City Council’s January 4, 2011 decision to deny
an appeal of a personal wireless service facility at the Results Way Office Park
Recommended Action: Conduct a hearing and adopt Resolution No. 11-022
Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave
Yocke (AT&T); Petitioners: Grace Chen, Guo Jin; Address: Results Way (rear parking lot);
APN: 357-20-042; Application Summary: Petition for Reconsideration of the City Council
decision to deny the appeal of a Planning Commission approval of a personal wireless service
facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and
associated base equipment to be located at the existing Results Way office park
Written communications for this item included:
· A letter from John Bene of AT&T stating that the Petition for Reconsideration should
be denied because it fails to identify grounds for reconsideration
· An addendum to the petition from Grace Chen and Guo Jin
· A staff PowerPoint presentation
Senior Planner Colin Jung reviewed the staff report via a PowerPoint presentation.
Petitioner Grace Chen made a PowerPoint presentation highlighting the grounds for
reconsideration, which included a need to integrate existing plans with new approved plans;,
arequest to appropriate funds for screening improvements in Astoria, and a potentially
available and technologically feasible alternative area at Monta Vista High School.
Petitioner Guo Jin said that he had a new fact to present in the petition. He explained that
earlier during the appeal process, there were three petitioners, but now there were only two
because the third person moved away and put his house on the market due to the denial of the
appeal. He also noted that two more neighbors in the same area moved also due to the denial
of the appeal.
Council asked questions of the petitioners and staff.
Applicant Randy Okamura, representing AT&T, said he had nothing further to add to the
record at this time but was available to answer any questions.
Council asked questions of the applicant.
XiAowen Liu said that because the cell tower location is so close to the community where
she lives and affects that community, she would like Council to find a middle ground
between their community and AT&T.
Mark Ma said that the proposed monopine has already had an impact on house values. He
explained that one of his neighbors had just sold his house but had to negotiate a lower price
for the house when the buyer heard that AT&T might be putting a monopine in front of it. He
noted that other alternative locations should be considered.
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Xuena Xu said that last time Council was pressed to vote no because they were threatened by
law and there was no alternate site. She urged Council to reconsider because the information
presented to them was false. She showed an aerial picture of tree heights.
Andrew Wu said that he wanted to reemphasize that he understands that Council cannot
make a certain decision by law. He noted that there is evidence of alternative sites and that
the old data cannot be used. He also said that the impact to the community is evident due to
the fact that people have moved out of the area.
Action: Chang moved to uphold the petition for reconsideration. There was no second and
the motion died.
Mahoney moved to adopt Resolution No. 11-022 denying the petition for reconsideration.
Wang seconded for discussion. She said she wanted to clarify the earlier discussion regarding
reimbursement of $30,000 to the Homeowner’s Association for additional screening on the
Astoria property and AT&T’s potential interest in helping to make that happen. Mr. Okamura
responded that he couldn’t speak more for AT&T but that his personal reputation was
important in the community. The motion carried with Chang voting no.
ORDINANCES - None
STAFF REPORTS - None
COUNCIL REPORTS
Council members highlighted the activities of their committees and various community events.
Santoro brought up the issue of petitions for reconsideration and concern about spending so
much time on them if they don’t get granted. Council concurred to agendize for a future meeting
a discussion on the process of how petitions for reconsideration are handled.
Chang asked that the Council members direct staff to remove the County information on the
City’s website from the State Mining Board regarding Lehigh, in order to verify that the
information was correct. After discussion, Council agreed to remove the document but include a
link to the State Mining Board on the City’s website.
Council recessed from 11:54 p.m. to 12:05 a.m. on Wednesday, February 16.
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JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING
At 12:05 a.m. on Wednesday, February 16, the Redevelopment Agency reconvened to a joint
meeting with the City Council.
ROLL CALL
City Council members Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council
members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
Redevelopment Agency members Present: Chair Gilbert Wong, Vice-Chair Mark Santoro, and
Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none.
18. Subject: Loan and Repayment Agreement between the City of Cupertino and the City of
Cupertino Redevelopment Agency
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-01
B. City Council action - Adopt Resolution No. 11-023
Description: Adopt corresponding resolutions authorizing the City and Agency to enter into
the Agreement
19. Subject: Agreement between the Housing Trust of Santa Clara County, the Cupertino
Redevelopment Agency (RDA), and the City of Cupertino for the use of housing funds
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-02
B. City Council action:
1) Increase RDA Housing set-aside fund expenditure budget by $1,000,000
2) Adopt Resolution No. 11-024
Description: Adopt corresponding resolutions authorizing the City and Agency to enter into
the Agreement. Discuss an opportunity to fund the Housing Trust of Santa Clara County out
of the RDA Housing set-aside
20. Subject: Public Infrastructure Agreement with the Cupertino Redevelopment Agency, City
of Cupertino, and Vallco Shopping Mall
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-03
B. City Council action - Adopt Resolution No. 11-025
Description: Includes installation of storm sewer trash capture devices and reimbursement for
the construction of public street improvements
21. Subject: Amendment of the Grant Agreement between the City of Cupertino and the
Association of Bay Area Governments (ABAG) to allow the City to purchase two Storm
Sewer Trash Capture Devices.
Recommended Action: City Council Action - Resolution No. 11-026
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Mayor and Chair Gilbert Wong noted that action on item nos. 18-21 could be taken concurrently.
Finance Director David Woo reviewed the staff report for item no. 18; Director of Community
Development Aarti Shrivastava reviewed the staff report for item no. 19; Director of Public
Works Timm Borden reviewed the staff report for item nos. 20 and 21.
Jennifer Griffin asked questions and said she was concerned about the City and the
Redevelopment Agency (RDA) giving so much money to an organization outside of Cupertino.
She said that the public needed to understand what action was happening tonight.
Robert McKibbin asked questions about the documents for item Nos. 18-21 and asked for
specific clarification. He said the public hasn’t had much time to review the documents.
Tom Hugunin asked where the money was going to the RDA and where has the Housing Trust
had spent money in Cupertino.
Keith Murphy said that he is concerned that the RDA is taking action at such short notice. He
asked questions about RDA money being put into housing and what would happen in the future.
Mayor Wong explained the reason for the RDA agenda items this evening, noting that Governor
Brown is proposing to close down all the Redevelopment Agencies in the State, and Cupertino
wants to protect the $1.8 million of resident taxpayer money to use for Cupertino. City Manager
Dave Knapp explained how the RDA works and answered questions. Administrative Services
Director Carol Atwood further explained the agreement with the Housing Trust, noting that staff
is trying to keep the money within the Cupertino community. Finance Director David Woo also
answered questions.
Housing Trust of Santa Clara County representative Jessica Garcia Cole explained that the group
has invested over $720,000 back into Cupertino, noting that funds have gone into the
development of new affordable housing and to assist low and moderate income first time home
buyers. Projects included: Vista Village; Senior Housing Solutions Project; first time
homebuyers; and various homeless projects funded out of the Housing Trust’s own unrestricted
funding.
Redevelopment Agency member Mahoney moved and Wang seconded to adopt RDA Resolution
Nos. 11-01 through 11-03. The motion carried unanimously. Council member Mahoney moved
and Wang seconded to adopt City Council Resolution Nos. 11-023 through 11-026 and increase
the RDA Housing set-aside fund expenditure budget by $1,000,000. The motion carried
unanimously.
ADJOURNMENT
At 12:42 a.m. on Wednesday, February 16, the City Council and Redevelopment Agency
meetings were adjourned.
____________________________
Graces Schmidt, Deputy City Clerk
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Staff reports, backup materials, and items distributed at the City Council 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, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777-2364.
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