Loading...
CC 09-03-96-- CC-929 MINUTES Cupertino City Council Regular Adjourned Meeting September 3, 1996 PLEDGE OF ALLEGIANCE Mayor Bumett called the meeting to order in the Council Chambers of Cupertino City Hall, 10300 Tone Avenue, at 6:45 P.M. and led the Pledge of Allegiance. ROLL CALL City Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen (until 9:30 p.m.), and Mayor Don Bumett. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. CEREMONIAL MATTERS - PRESENTATIONS Mayor Bumett congratulated the Finance and Public Relations Departments on winning national recognition. Cupertino's annual financial report received the Certificate of Achievement for Excellence in Financial Reporting, and the City Channel was a finalist for a national award for government programming in the category of election coverage. POSTPONEMENTS Item Nos. 24 and 25 were continued to September 16, 1996. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. , gepteml0er 3, 1996Cupertino City Council Page - CONSENT CALENDAR Sorensen moved to adopt the items on the consent calendar. Bautista seconded and the motion carried 5-0, with Chang abstaining on the minutes of the August 12 meeting. 1. Resolution No. 9681: Accounts Payable, August 2, 1996. 2. Resolution No. 9682: Accounts Payable, August 9, 1996. 3. Resolution No. 9683: Accounts Payable, August 16, 1996. 4. Resolution No. 9684: Accounts Payable, August 23, 1996. 5. Resolution No. 9685: Payroll, August 9, 1996. 6. Resolution No. 9686: Payroll, August 23, 1996. 7. Review of application for Alcoholic Beverage Control license, Al Castello Ristorante, 20950 Stevens Creek Boulevard (new owners). 8. Approval of minutes of August 5, 1996, regular meeting and August 12, 1996, regular ~ adjourned meeting (Amended to correct Aug. 5, p. 5, 1st sentence to read "..."other affected companies do not have the land..."; to show the vote as "4-1"; and to correct spelling of"The O'Brien Group" in the Aug. 12 minutes). 9. Resolution No. 9687: Authorizing destruction of records. 10. Resolution No. 9688: Approving final plan for the improvement of frontage at 20007 Stevens Creek Boulevard; Developer, Pei Yeh Lan; authorizing the City Engineer to sign the final plan and authorizing execution of agreement. 11. Resolution No. 9689: Approving Change Order No. 1 for Pavement Restoration Project 96-109. 12. Resolution No. 9690: Accepting quitclaim deed and authorization for underground water rights from William J. Allen and Katherine D. Allen; APN 342-14-114, 10120 Lockwood Drive. 13. Resolution No. 9691: Accepting quitclaim deed and authorization for underground water rights from Tony Wong and Diana Wong; APN 342-12-011, 22560 Poppy Drive. 14. Resolution No. 9692: Approving parcel map and improvement plans of property at 22366 Hartrnan Drive; Developer Frank R. Graham and Sally A. Graham; authorizing · '~' execution of improvement agreement; authorizing signing of parcel map. , gepternber 3, 1006 Cupertino City Council Page 3 .... 15. Monthly Treasurer's and Budget Report, July 96. 16. Resolution No. 9693: Delegation of responsibility to City Manager for determination of alcoholic beverage licenses in certain circumstances. 17. Review and approval of the taxi cab owner permit applications and fare schedules for Yellow Checker Cab Company of San Jose and Yellow Cab Company Peninsula of Mountain View. ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARINGS 18. Applications 11-U-96, 2-Z-83 (Mod.) and 18-EA-96, Symantec - Use permit/Planning Development rezoning/Amendment of the Heart of City Specific Plan to allow construction of a 141,000 sq. ft. corporate headquarters office building plus 4 levels of underground parking for Symantec Co~p. on 1.29 acres located at Lot 5 of Tract 7953, Cupertino City Center. Environmental Detemdnadon: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance No. 1732: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19 of the Cupertino Municipal Code By Rezoning Approximately 1.29 Acres to Permit the Construction of Office Space, Auxiliary Parking and Landscaping Improvements Located on the East Side of De Anza Boulevard Near Scofield Boulevard." The Community Development Director reviewed the staff report and said this would amend the Stevens Creek Boulevard Specific Plan to replace a reference to Apple Computer with Symantec, modify the concep0jol zoning plan for the City Center (2-Z- 93), and approve a use permit to allow the construction of a four-story office building within the City Center. Planning Commission recommends approval with the inclusion of conditions that require participation in off-site improvements to the corner plaza and to the streetscape along Stevens Creek Boulevard in front of the hotel site. Condition one on the rezoning resolution (No. 4742) should be modified to delete reference to a change of use on the adjoining Sirens site. Staff suggests that the City Council initiate a change of zone for the remaining City Center sites so as to define appropriate limits for future development based upon the present general plan and specific plan constraints. , eptember 3, 1996 Cupertino City Council Page 4 - The Comraunity Development Director displayed several models of the project and discussed how calculations are done for the level of service at traffic intersections. The current figures only included projects designed to date. The intersection of Stevens Creek Boulevard and DeAnza is currently at Level E, which is acceptable under the General Plan Chang suggested making the specific plan reference more general, instead of specifying the name of a particular company such as Apple or Symantec. Mr. Gordon Ciochon, Vice President for World Wide Operations at Symantec, said that when the building is finished in 1998 they expect to occupy 70,000 to 90,000 square feet, and eventually will occupy the entire building. Symantec will own both the building and the land. Mr. Greg DiPaolo, the project architect, reviewed the elevations and site plan. Their principle concern was to establish zones of development on all edges of the project to be humane to drivers and pedestrians. This was done by designing single-story steps back from the street to soften the look of the building. The dominant mass has been moved back 25 feet from its original location. There is a lush landscaping plan, and the park is designed so that the apartment dwellers would have a pleasing view into the site. _ Bautista asked that the setbacks be moved back farther. Mr. DiPaolo said that the smallest portion of the mass is already on the property line. This proposal sets the square footage exactly within the parcel, although the parking will extend beyond that. Symantec staff will continue to work on the agreement for the parking, and it will be landscaped. Mr. Ciochon noted that the building which is currently Symantec's world headquarters is in escrow and they will soon own that property as well. Mr. John Statton, representing the Cupertino Chamber of Commerce, expressed support for the project. One of the long term considerations should be to expand the employment base and stability in the city, and this project could make that happen by creating a "Big Four." Dean compared the proposal as it was presented before and after review by the Environmental Review Committee, and said that Symantec had made great progress and worked with the city to ad&ess its concerns. He did not think that the one stretch of setback on the property line would have that much of a negative impact. Also, the color of the windows was changed to improve the appearance. The architecture and design has greatly improved. ' Reptember 3, 1906 Cupertino City Council Page 5 Sorensen said that she was impressed with the changes made to step the project back from the street, although she agreed it would probably become a major street. She was not concerned with the setback issues but rather with landscaping, and felt that the trees to be planted should be much larger than 5 gallons. She agreed with the comments made by the Chamber of Commerce representative. Chang said he too was impressed with the changes. Having both the Symantec headquarters building and an expansion is significant for the long-term city health. The Council must plan very carefully for the entire City Center area, especially the sites that have various kinds of development potentials. He said he would like to nail those down a little better. The transfer of the parcel to the south has not been completed yet, and he felt they should not anticipate that but walt to see how that transaction comes out. Chang said that the changes to the building mass were positive. He suggested that there be terracing on the south side as well, along the top level, and that Symantec put in a piece of public art. Mr. Ciochon said that Symantec was more than willing to participate in the art project that will make a statement both for Cupertino and Symantec. Chang felt that Council should try to lock in the other sites which had not yet been developed, and asked if a development agreement would be appropriate. The Community Development Director suggested that Council initiate a zoning hearing, and the sites could be zoned for a certain height, certain sqna_re footage, for retail, etc. Chang said that this Symantec project was very important to the city but until the other undeveloped areas had been locked in, he did not feel it was responsible to proceed. The Community Development Director noted that the parking lot could be identified to remain as parking. That could be changed by a future council, unless it were locked in with a development agreement. Chang said he felt that step was important, given the Waffle impacts. The Community Development Director said the city could initiate a change of zone, or ask the applicant to resubmit the master plan and let them carry forward with the effort. The city initiative would be quicker and council would have more control, and would probably be done in 8 to 10 weeks. Dean said that the parking lot should remain for that use, especially if a hotel were to go in, to provide overflow parking. Bautista said that when the hotel is built there may be a way to combine the parcels so the hotel won't be placed in an area that Seems crowded. This would reserve flexibility and space for the hotel and parking. · eptember 3, 1996 Cupertino City Council Page Burnett said he felt that a commitment was made to the city to sharply limit growth in this area in order to allow towers to be built. He still felt there was an obligation to honor the commitment, and that's why he was opposing switching the 50,000 square feet. The General Plan clearly states that the council has discretion in how that's to be used, and it is not appropriate to put that near a Level E intersection. The principle beneficiaries are the landowners and Symantec. The losers will be the other residents dealing with increased traffic and the appearance of this building looming over future apartment dwellers. The building is too tall and violates the concept of a sand pile which slopes away from the street, a look which the city strives to create. He did not support the addition of another 50,000 square feet in the City Center. He also asked that the dirt patch in front of the Apple building be improved in appearance. Chang asked how likely it would be to lease out a building of this size if Symantec should move. The architect explained the internal layout, which can be adapted to accommodate almost any office use. Mr. Ciochon said that they would also be in escrow for another building in the City Center and plan to become one of the big high-tech companies in the community. Dean asked about assurances for trees and sidewalks on the empty lot by the Apple building. The Community Development Director pointed out Condition No. 4 on page 18-11 of the backup, which talks about Stevens Creek Boulevard streetscape _ requirements. That would require installation of trees and sidewalks. Also, the comer park will consist of a four seasons orchard and public art. There will be some degree of public involvement in that along with Symantec and other property owners of the City Center. The city will negotiate later with the various parties regarding their degree of participation and will come back to council with that. Sorensen moved to grant a negative declaration. Dean seconded and the motion carried 4-1 with Bumett voting no. Sorensen moved to change the specific plan per Planning Commission Resolution No. 4741 to change the name from Apple to Symantec. Dean seconded and the motion carried 3-2 with Chang and Burnett voting no. Sorensen moved to approve Application 2-Z-83 (Mod.) per Planning Commission Resolution No. 4742, with the removal of the second sentence under site exhibits (regarding the Sirens site), and with the amendment that trees and a sidewalk will be required as a part of the streetscape along Stevens Creek Boulevard. Dean seconded and the motion carded 3-2 with Bumett and Chang voting no. The City Clerk read the title of the ordinance. Sorensen moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 5-0. . September 3, 1996 Cupertino City Council Page 7 Bautista felt there should be equal ownership of both this parcel and the park area on the neighboring parcel to the south. Also, the building is not appropriately placed on the property. The City Manager clarified that there is a strip between the two parcels which is not subject to sale or purchase. Bautista said that could be addressed through an agreement and then the building site could be moved. Bautista moved that the location of the building be moved approximately 25 feet further from the curb. The motion died for lack of a second. Bautista said that he was willing to vote for the project but not where the building is currently situated. A 70-foot tall building is too high for a 1 O-foot setback. Dean offered a motion to approve 11-U-96, pursuant to Planning Commission Resolution No. 4743, with the same change as before to streetscape requirements, and that it will be brought back before both council and planning commission. Sorensen seconded and the motion failed to carry 2-3, with Baufista, Bumett, and Chang voting no. Bautista offered a new motion on the use permit to support the building as it is, require installation of trees and sidewalks, and that the building be moved from its present location to the south by 25 feet, and that the park area be part of the building. The architect explained that the building as planned will be resting on its legal property line and cannot be moved south became it would then cover 20 feet of common space. The _ common space area can be used for landscaping but not for building according to the bylaws of the Cupertino City Center Association. The motion died for lack ora second. Chang suggested that the use permit application be continued until the City Council has been provided with more concrete information about future zoning for the Sirens lot and the parking lot. Burnett said that Chang's concerns would be addressed by statTthrough the zoning designation which staff would undertake. Chang moved to require terracing on the south side of the building and a commitment to provide public art. Mr. Ciochon said that they would go on record that they will contribute toward the public art. Chang said the city does not have the money to do the public art and they would have to rely on the resources of Symantec to provide that. Mr. Ciochon asked whether they were opening it up to a $2 million piece of art of a $30,000 sculpture. Chang said that whatever would be appropriate for that site, he would trust their judgement to provide that. Mr. Ciochon said that they would. The architect reviewed the elevations and terracing and explained why they did not want to do it on all sides of the building. Change modified his motion to accept the use permit and require Symantec to have a terrace on the fourth floor of the south side of the building, as well as a piece of art that will be part of the landscaping plan which will come back to the City Council for review. The motion died for lack of a second. · eptember $, Cupertino City Council pa e 8 Bautista said that he did not want the project to be postponed, and he felt it was a great design. After balancing the costs and benefits of the proposal, he would support it. Bautista moved to approve Application 11-U-96 per Planning Commission Resolution No. 4743, including modifications discussed to section 4 regarding the Stevens Creek Boulevard street.scape and section 7, the landscaping plan to be reviewed by council, and requiring the public art that Chang addressed. The City Clerk asked for clarification regarding the public art, whether it would be specified a piece of public art or if it would be participation in the art project. Bautista said that Symantec would participate in a public art display on the area in front of the building and work with the Arts Commission on that. The City Attorney said that the public art would be part of a landscaping approval which will come back to Council. Dean seconded and the motion carried 3-2 with Chang and Burnett voting no. Bautista moved to initiate rezoning proceedings and specific plan proceedings for the entire master plan and the Stevens Creek Specific Plan. Sorensen seconded and the motion carried 4-1 with Chang voting no. RECESS Council recessed from 9:30 p.m. to 9:43 p.m. Council member Sorensen was absent. _ PUBLIC HEARINGS (continued) 19. Resolution No. 9694: Vacation of a portion of Peninsula Boulevard; retaining public utility easement. The City Clerk handed out amended pages to reflect the correct legal description and plat · map. The Public Works Director reviewed the statTreport. Dean moved to adopt Resolution No. 9694. Bautista seconded and the motion carded 4-0 with Sorensen absent. 20. Consideration of an ordinance to regulate mobile vending facilities. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance. No. 1733: "An Ordinance of the City Council of the City of Cupertino Setting Forth Specific Regulations Governing the Vending of Goods From Locations Which Are Not Permanent To Minimize Negative Land Use and Traft'tc Impacts." The Community Development Director reviewed the staff report and highlighted new provisions including size, height, hours of operation, etc. He said that vending carts would no longer be allowed on streets, only on wide sidewalks or private property. ' geptember 3, 1996 Cupertino City Council Page 9 -- Mr. John Hagan, 10106 Santa Clara Avenue, (Mr. Mustard), said he was in favor of requiting vendors to be on sidewalks. However, the requirement that vending would not be allowed on sidewalks within 25 feet of bicycle lanes is too restrictive. He asked that it be modified to allow vending dose to bicycle lanes and no parking zones. Also, there are not very many 8-foot wide sidewalks in the city so it greatly limits the areas where vendors can set up. He hoped to stay at his current location on Stevens Creek Boulevard, and the majority of his customers walk to the site. The City Attorney explained the grandfather clause, which would allow Mr. Hagan to continue to leave the cart on the street for 2 years as long as he complied with the rest of the provisions. Discussion followed about ways to make the ordinance more flexible to work with the merchants. The City Clerk read the title of the ordinance. Dean moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof, with an amendment to change the setback to l0 feet from the curb adjacent to bicycle lanes and no parking zones. Motion carried 4-0 with Sorensen absent. Bautista moved to grant a negative declaration. Dean seconded and the motion carded 4- _ 0 with Sorensen absent. Bautista moved to approve the application per Planning Commission Resolution No. 4729 as modified in the ordinance. Dean seconded and the motion carried 4-0 with Sorensen absent. 21. Applications 8-U-96, 4-Z-79 (Mod.) and 12-EA-96, Sheena Chang - Use pemllt to construct two single family residences in a proposed Planned Residential Zone and rezonlng a. 17 acre parcel to a PR (Planned Residential) Zone. The property is located at 10036 Peninsula Boulevard. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance. No. 1734: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning a .17 Acre Parcel Located at 10036 Peninsula Boulevard (Application 4-Z-79, Modified)." The City Clerk handed out amended pages to reflect the correct legal description and plat map. The Community Development.Director reviewed the staff report. Architect Daryl Fazekas said that they would be adjusting the lot line to make two very nice homes. The lots would be just under 4000 squ_are feet, with a duplex in the back. They would not be changing the density. · geptember 3, 1996 Cupertino City Council Page 10 Dean moved to grant a negative declaration. Chang seconded and the motion carried 4-0 with Sorensen absent. Dean moved to approve Application No. 8-U-96 per Planning Commission Resolution No. 4722. Chang seconded and the motion carried 4-0 with Sorensen absent. Bautista moved to approve Application No. 4-Z-79 (mod.) per Planning Commission Resolution No. 4723. Dean seconded and the motion carried 4-0 with Sorensen absent. The City Clerk read the title of the ordinance. Bautista moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with Sorensen absent. 22. Applications 3-GPA-96 and 19-EA-96 - City of Cupertino (Lily Chang, property owner) - General Plan amendment to revise the land use designation on APN 326-15-010, from medium-high density residential 10-20 dwelling units per gross acres to low density residential 1-5 dwelling units per gross acre. The property is located at 22371 Cupertino Road. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) Resolution No. 9695: Approving 3-GPA-96. The Community Development Director reviewed the staff reports and said that the Planning Commission recommended denial of the request to building three homes on this parcel, which initiated a request from the Commission to change the General Plan to a lower density because it is a remaining lot in an area which is single family. Council discussed item Nos. 22 and 23 together. Mr. Jim Jackson, representing the applicant, said the owners bought this property based on the existing ordinance, with plans to build 3 townhomes. His clients had a right to rely on the General Plan, but they have agreed to come back with a proposal for only two homes. He asked that Council look at the issues of fundamental fairness and hold up the integrity of the General Plan. Mr. Jackson said the Planning Commission cited some reasons why the 3-unit project was not appropriate for as single family neighborhood. Those were setbacks, lack of useable rear yards, extraordinary tree removal, and high floor area ratios. By revising the plan to two units, they have 25 and 50 foot setbacks compared to a minimum of 20 feet for a single family home. Also, these houses will have rear yards of 1,825 and 1,022 square feet and only two trees would need to be removed along the frontage. Lastly, this plan has a FAR of .45, which is the same as a conventional single family home. Mr. Jackson said they had addressed the concerns of the Planning Commission, and one of the houses has been offset to increase privacy for the neighbors. ' September 3, 1996 Cupertino City Council Page 11 Ms. C-ulsen Maloney, 22371 Cupertino Road, said she lives adjacent to the development and strongly opposes it. There will be only a 3-foot side clearance and the two story house will overlook her property. She said that the backup materials included a petition which included more than 120 signatures from local residents stating their opposition. Ms. Maluney said she purchased her property a year ago at what she thought was a fair price. The existing house on the subject property is the same age and on a bigger lot, but cost substantially less, so the profit is made already by the new owner. She requested that the zoning be changed from R3 to R1 and that developers have one single family home that reflects the character of the neighborhood. Bumett explained that if a single-family dwelling is built there it is subject strictly to the normal rules of house building and the owner could do whatever is allowed by the regulation. There may be some advantages to having a two-home project because in that case there is architectural control over the houses and they could regulate window placement. Ms. Ruby Bowers, 10208 Amelia Court, expressed concern about the parking situation in this unique, rural area. She asked Council to restrict the project to one house. Mr. Donald C. Gaubatz, 10033 Hillcrest Road,-said probably over 90% of the neighborhood is in agreement that they would like to maintain the character of the _ neighborhood and allow only a single-family dwelling. To preserve the area's rural character there has been an agreement with the City to not install sidewalks or street lighting. Most of the homes have generous side yards and setbacks and this area was selected for Montgomery Place because of the character of the neighborhood. He reviewed the history of the development and how they were finally were forced to accept 16 units which are now the independent living aeas for Sunny View Manor. He was concerned that this property's frontage would just show 4 garage doors. He believed the R-3 was a mistake and the neighborhood was not aware of its zoning since it currently holds a single family hone. He asked that the zoning be changed to R-1. Mr. Jan Stoeckenius, 22386 Cupertino Road, distributed pages tiffed Fairness and Equity Issues Regarding APN # 32615-010 which highlighted issues of procedures, economics, and practicality, and he discussed these points. He objected to the two-unit proposal and said there are reasonable development opportunities as RI-10. Although not mentioned at this meeting, this is slated for somewhat of affordable housing. He felt the two-unit proposal would be more expensive than the purchase price of the one unit that is on there now. Mr. Jon Tester, 22334 Cupertino Road, felt that parking would be a problem on this street and would change the character of the neighborhood. He also was concerned that the large Douglas fir would have to be cut down, and felt it could be preserved if a single- family home were built there. ' epteraber 3, 1996 Cupertino City Council Page 12 Mr. Mark Edwards, 22350 Cupertino Road, said when he bought his house eight years ago there was a single family home on this piece of property and he had no idea it was zoned R-3. He thought that general plan changes should occur when the project developed as opposed to when the general plan is being reviewed. He added that there had been many letters protesting this item sent to the Planning Commission, but they did not bring a lot of people out because they didn't think it was necessary. The architect, Mr. Fazekas, said there are 5 foot setbacks on the first floor and ten foot setbacks on the second floor which mimics the current R1 zoning setbacks. The trellises can be brought forward of the garage and possibly across the top and in front of the garage doors to de-emphasize them. Because one unit hag a 20-25 ft. setback drivers would not see two garage doors as they pass by. Bautista said that the character of the neighborhood is important. He felt it was an historical anomaly and was in favor of continuing the single family use. Ms. Linda Baratz, 22314 Cupertino Road, said she had been infomied the R-3 zoning resulted from this property being a flag lot to the apartments that are now part of Sunny View Manor. Chang said he sympathized with how the neighbors felt, but the people who bought the land based on existing zoning also had some rights. He felt two units was a workable compromise. Dean agreed. Burnett said that compromise really provides better protection for the immediate adjacent neighbors than a single family dwelling would because there is more architectural control. He liked the clapboard-type construction which is proposed and it is compatible with the neighborhood. The fact that there are garages facing the street he thought has been addressed by offsetting them and setting one back a great distance. The traffic impact of four cars versus two cars is not very great, and this plan will preserve most of the trees. Bautista moved to amend the general plan to zone this property as 1-5 for a single family home and then to pursue the consequential zoning designation after that. The motion died for lack of a second. Chang moved that the general plan designation be changed to 5-10 units per acre. Dean seconded the motion. Motion carried 3-1 with Bantista voting no and Sorensen absent. Chang moved to grant a negative declaration. Dean seconded. Motion carried 3-1 with Bautista voting no and Sorensen absent. Kilian informed council that they would now consider action on item 23. geptember 3, 1996 Cupertino City Council Page 13 23. Applications 7-U-96, 2-Z-96, 3-TM-96 and l l-EA-96, Lily Chang, Inc. and WBF Enterprises - Use pcmdt to construct 3 single family residences on a 10,165 sq. ft. lot in a proposed Planned Development Zone; rezonlng a 10,165 sq. ft. parcel from an R-3 (Residential, single-family, 3,000 sq. ft. minimum lot size) Zone to a PR (Planned Residential) Zone; and a tentative map to subdivide a 10,165 sq. ft. parcel into three approximately 1,800 to 2,200 sq. ft. parcels. The property is located at 22371 Cupertino Road. Environmental Det¢,mination: The Planning Commission recommends the granting of a negative declaration. Recommended for denial. (a) First reading of Ordinance. No. 1735: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning a Parcel Located at 22371 Cupertino Road From R-3 to Planned Residential Zone (Application 2-Z-96)." The City Clerk handed out amended pages to reflect the correct legal description and plat map. The Community Development Director reviewed the staff report. The Community Development Director said because the commission recommended denial of these there is not a model resolution for the approval for the use pei-mit or the zoning. _ The City Clerk read the ordinance by title. Bautista moved that the ordinance be read by title only and that the City Clerk's reading constitute the reading thereof. Dean seconded. Motion carried 4-1 with Sorensen absent. Dean moved to send Applications 3-TM-96 and 7-U-96 back to Planning Commission for review of a two-house development, which would then return to Council for their review. Bautista seconded and the motion carried 4-0 with Sorensen absent. 24. Public hearing to consider amending Chapter 19.108 of the Cupertino Municipal Code regarding television and radio aerials, related to expansion of definition to include other wireless communication facilities, location, siting design and other related subjects. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. Continued to September 16, 1996. 25. Public hearing to consider amendments to Chapter 19.100 of the Cupertino Municipal Code regarding parking standards. Environmental Determination: The Planning. Commission recommends the granting of a negative declaration Continued to September 16, 1996. ' geptember 3, 1006 Cupertino City Council Page 14 -- 26. Applications 4-Z-96 and 20-EA-96 - City of Cupertino - Rezoning/prezonJng of approximately 13.5 acres located on the west side of Miller Avenue between Calle De Barcelona and Phil Lane. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance No. 1738: "An Ordinance Of The City Council Of The City Of Cupertino Amending Chapter 19 Of The Cupertino Municipal Code By Prezoning And Rezoning Property Located On Miller Avenue And Calle De Barcelona (Application 4-Z-96)." The Community Development Director reviewed the staff report. He said that this ordinance would rezone Creekside Park from BA to PR, prezone the privately-owned lots fronting Miller Avenue to Pre-RI-10 and prezone the city-owned lots fronting Miller Avenue to pre-PR. Dean moved to grant a negative declaration. Chang seconded and the motion carried 4-0 with Sorensen absent. Bautista moved to approve application per Planning Commission Resolution No. 4737. Dean seconded and the motion carried 4-0 with Sorensen absent. _ The City Clerk read the title of the ordinance. Bautista moved and Chang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with Sorensen absent. RECESS Council recessed from 11:12 p.m. to 11:18 p.m. PLANNING APPLICATIONS 27. Applications 9-U-96 and 13-EA-96 - Santa Clara County Central Fire Protection District - Use permit to demolish an existing commercial structure and construct a new 11,900 sq. ft. fire station adjacent to the old station. Located at Stevens Creek Boulevard and Vista Lane. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. The Community Development Director reviewed the staff report. Doug Sporleder, Fire Chief for Central Fire Protection District, said that since the last time they were before Council an opportunity arose to purchase the entire parcel, which allowed them to change the building's location on site to better answer the needs of the community and the fire district. He introduced Glen Bauer from the architectural firm of Robinson, Mills and Williams. geptember 3, 1996 Cupertino City Council Page 15 -. Mr. Bauer said the two primary goals in the design were to create functional and efficient fire station and to create a s~ucture which was a positive contribution to the visual landscape of Cupertino. He reviewed the elevations and building materials and showed how the project would fit into the neighborhood. There are parking spaces for two visitors. Since this is an essential services building, it is designed to higher than normal building code requirements. Chief Sporleder discussed the computer technology which will be included as well as a fitness area. The lobby was expanded so that it could be used as a gathering area. For example, this could be a safe place for people to come to wait in a secure surrounding until transportation is available to a shelter. Mrs. Mavis Smith said that she and Mr. Ray Eddy felt very obligated to the Central Fire District because of their personal experiences. She said the first meeting she attended on this subject was in 1944 and commended everyone for their patience. She asked Council to approve this application. Dean moved to grant a negative declaration. Baufista seconded and the motion carried 4- 0 with Sorensen absent. Dean moved to approve per Planning Commission Resolution No. 4739. Chang seconded and the motion carried 4-0 with Sorensen absem. UNFINISHED BUSINESS None. NEW BUSINESS 28. Acceptance of Catherine McAuliffe's resignation t~om the Public Safety Commission and setting dates for accepting applications and conducting interviews to fill the position. Council concurred to accept the resignation, accept applications through September 20, and conduct interviews on October 7 at 6:00 p.m. 29. Amendments to Cupertino Municipal Code relating to bicycle routes and lanes. (a) First reading of Ordinance No. 1739: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to the Designation of Bicycle Routes." (b) First reading of Ordinance No. 1740: "An Ordinance of the City Council of the City Of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating To the Designation of Bicycle Lanes." geptember 3, 1996 Cupertino City Council Page 16 -- The Public Works Director explained that these ordinances would add new routes and lanes to a list of those already included in the municipal code. The City Clerk read the title of Ordinance No. 1739. Bautista moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with Sorensen absent. The City Clerk read the title of Ordinance No. 1740. Bautista moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with Sorensen absent. 30. First reading of Ordinance No. 1741: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.24.150 of the Cupertino Municipal Code Relating to the Establishment of Parking Prohibition Along Certain Streets, on the West Side of Tantau Avenue From Phil Lane, South 170 Feet." The City Clerk read the title of the ordinance. Bautista moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Motion carried 4-0 with Sorensen absent. ORDINANCES 31. Second reading and enactment of Ordinance No. 1731: "An Ordinance of the City of Cupertino Amending Various Titles of the Cupertino Municipal Code for the Purpose of Conforming the Provisions of the Code to the Requirements of State and Federal Law, Conforming the Provisions of the Code to be Consistent with Present City Practices, Eliminating Redundant and Obsolete Provisions, Clarifying Old Provisions With New Language, and Consolidating and Streamlining Various Provisions". The City Clerk read the title of the ordinance. Bautista moved and Dean seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 4-0 with Sorensen absent. Bautista moved and Dean seconded to enact Ordinance No. 1731. Motion carried 4-0 with Sorensen absent. STAFF REPORTS None. COUNCIL REPORTS None. "· ' geptember 3, 1906 Cupertino City Council Page 17 -- CLOSED SESSION At 11:45 p.m., Council recessed to a closed session to discuss negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8) - First Baptist Church of Cupertino SBC, 10505 Miller Avenue. At 11:53 p.m. Council reconvened in open session. The City Attorney announced that the Council granted authority to their representative to negotiate along the lines discussed in closed session. ADJOURNMENT At 11:55 p.m. the meeting was adjourned.