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CC 03-04-96 CC-918 I~IINUTES Cupertino City Council Regular Adjourned Meeting March 4, 1996 INTERVIEWS FOR CUPERTINO TELECOMMUNICATIONS COMbllSSION At 6:15 p.m. Mayor Burner called the meeting to order in Conference Room A. ROLL CALL Council members present: John Bautista, Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don Burnett. Council members absent: None. Staff present: City Clerk Kimberly Smith The following individuals were interviewed for two vacancies on the Cupertino Telecommunications Commission: Mr. Ben Liao; Mr. Andrew Springmeyer; Mr. L.T. G-uttadauro; and Mr. William Mannion. Sorensen moved to appoint Mr. William Mannion to the full term ending January 2000 and Mr. L.T. Guttadanro to the partial teim ending January 1998. Dean seconded and the motion carded 5-0. At 6:50 p.m. Council recessed. PLEDGE OF ALLEGIANCE At 6:55 p.m. the Council reconvened in the Council Chambers and Mayor Bumett led the Pledge of Allegiance. ROLL CALL Council members present: John Bautistz, Michael Chang, Wally Dean, Lauralee Sorensen and Mayor Don BurneR. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; Public Information Officer Donna Krey; and Public Works Director Bert Viskovich. POSTPONEMENTS The applicant had requested a continuance for Item No. 8 to the meeting of March 18, 1996. The __ City Attorney said that Mr. Hassan had been informed that this would be the final continuance. Sorensen moved and Chang seconded to continue this item as requested. The motion carried 5-0. March 4, 1996 Cupertino City Council Page 2 ORA~ COMMUNICATIONS Ms. Betty Mann, 22968 Cricket Hill Road, addressed Council and distributed a summary of her comments and an excerpt from the Simi Valley Municipal Code regarding a Citizen's Election Advisory Committee. She asked that Council consider a similar approach to help rectify errors and omissions currently found in campaign expenditure reports. Mr. John Michel asked that Council work with the County or Midpeninsula Regional Open Space District to obtain a 133-acre parcel known as the "gravel pit" so that it may be retained for public use. CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar as recommended by staff. Chang seconded and the motion carried 5-0. 1. Resolution No. 9570: Accounts Payable, Febm,ry 16, 1996. 2. Resolution No. 9571: Accounts Payable, Febwary 23, 1996. 3. Resolution No. 9572: Payroll, Febv~a~ 23, 1996. 4. Resolution No. 9573: Annexing property designated "Almaden Avenue 95-06." 5. Resolution No. 9574: Authorizing execution of improvement agreement between the city and Community Housing Developers Inc., 19110 and 19140 Stevens Creek Boulevard. 6. Monthly Treasurer's Report and budget update, January, 1996. 7. Minutes of the February 20 regular adjourned meeting, February 22 regular adjourned meeting and February 24 regular adjourned meeting. Vote Members of the City Conncil AYES: Bautista, BurneR, Chang, Dean, and Sorensen. NOES: None ABSENT: None ABSTAIN: None March 4, 199~ Cupert/no City Councll Page 3 PUBLIC HEARINGS 8. Public hearing to consider the revocation or modification of a use permit pertaining to a restaurant/bar in the Cupertino Village Shopping Center. The restaurant/bar is known as Ola's Restaurant and Night Club and is located at 10905 N. Wolfe Road. Under "Postponements," Sorensen moved and Chang seconded to continue this item to March 18. 9. Public hearing to consider amending Chapter 19.40 of the Cupertino Municipal Code, Residential Hillside (R/IS) zones, related to exception findings, house size, grading quantity; and to consider amending Chapter 19.08 of the Cupertino Municipal Code, Definitions, related to the definition of basement. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. Item Nos. 9 and 10 were discussed together. (a) First reading of Ordinance. No. 1719: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.40, Residential Hillside (RHS) Zones of the Cupertino Municipal Code and Chapter 19.08, Definitions of the Cupertino Municipal Code Related to Definition of Basement." 10. Application No. 10-Z-95 - City of Cupertino - Request for rezoning/prezoning of 250+ acres located in the hillside areas north and east of Regnart Canyon generally bounded by Upland Way, Lindy Lane, Linda Visa Park, Miramonte Street, and Stevens Creek to the urban service area boundary line, from RI-10 (Residential, single-family, 10,000 sq. ft. minimum lot size) zone; R1-40 (Non-Residential, single-family, 40,000 sq. ft. minimum lot size) zone; R1-60 (Residential, single-family, 60,000 sq. ft. minimum lot size) zone; R1-80 (Residential single-family, 80,000 sq. ft. minimum lot size) zone; RI~100 (Residential, single-family 100,000 sq. ft. minimum lot size) zone: A1-43 (Agricultural- Residential, 43,000 sq. ft. minimum lot size) zone; RI-IS (Residential hillside) zone; pre- RHS (pre-Residential hillside) zone; and pre-A (Pre Agricultural) zone to RHS (Residential Hillside) zoning district. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Continued from the meeting of February 20, 1996.) (a) First reading of Ordinance No. 1716: "An Ordinance of the City Council of the City Of Cupertino Amending Section 1 of Ordinance No. 2 By Rezoning and Prezoning Approximately 250 Acres of Land From RI-10, R1-40, R1-60, R1-80, R1-100, A1-43, A1-100, RHS, Pre-RHS and Pre-A To RHS-Residential Hillside Zoning District; Located North and East of Regnart Canyon and Generally Bounded By Upland Way, Lindy Lane, Linda Vista Park, Stevens Creek to the Urban Service Area Boundary (Application No. 10-Z-95 - City Of Cupertino)." The Community Development Director reviewed the staff reports and explained that approximately half of the affected lots would be deemed legal nonconforming buildings. However, property owners could make changes to their buildings by going through an March 4, 100/~ (~upert~no City Council Page 4 ._ administrative exception process, which was much less onerous than a variance. Burner opened the public hearing on item Nos. 9 and 10. These written materials were distributed: A letter dated Febvmry 29 from Attorney Jeffrey Widman to Mr. Meinrad Hanggi regarding the procedures to be completed before building a house on his property; also a suggested wording amendment to Section 19.40.140-A, 19.40.050-K.2, and 19.40.060. A letter dated Febr-ory 15 from Meinrad and Betty Hanggi objecting to the proposed rezoning. A letter dated February 28 from Mr. John Dozier asking for amendments to the proposed rezoning. The following individuals spoke in opposition to the proposals: Mr. Jeffrey Widman representing Mr. Meinrad Hanggi; Mr. Phil Ammoonie, 22041 Lindy Lane; Mr. John Hopkins, 11395 Canyon View Circle; Mrs. Maribel Andonian and Mr. Robert Andonian, 22141 Lindy Lane; Mr. Jon Garliepp, 11690 Regnart Canyon Drive; Mr. John Michel; Mr. William Ho, 22121 Lindy Lane; Mr. Jae Allen, 11300 Canyon View Circle; Mr. John Dozier and Mrs. Peggy Dozier, 21996 Lindy Lane; Ms. Lyn Faust, 11033 Canyon Vista Drive; Mr. Joe Sparks, 22032 Lindy Lane; and Mr. Robert Bigler. The issues raised by these speakers included the following: (1) The General Plan is only a policy document and can be changed by the City Council; (2) Rezoning to RHS would have a negative impact on property values by making many homes legal non-confo~,~fing and thereby causing a significant negative economic impact; (3) Legal non-confo,,fing status would severely restrict the property owner's freedom to remodel or build a new home, and more flexibility is needed; (4) Cluster housing near the Rieardo/Miramonte neighborhood may be forced onto the small portion of fiat land and would crowd existing homes; (5) Most homeowners bought/built in conformance with existing laws and now the rules are being changed; (6) Consider excluding an additional 3 parcels which are adjacent to those already excluded from the RI-IS zone; and (7) existing CC&R's in many cases already restrict property owners from subdividing and other activities. Council discussed ways to change the tei-m "legal non-conforming" to something else which would not have such a negative connotation but would provide sufficient disclosure of facts to prospective buyers. Baufista suggested that all existing structures be deemed confow~ing, and then require an exception process for all remodeling and new construction to comply with the RI-IS zone. Dean was concerned about changing this process for hillside property but not for the rest of the city. Burnett agreed that if it were changed it should be done city-wide. However, "legal non-confomfing" is acceptable because it does call necessary attention to the situation for prospective buyers. Baufista moved to remand Item Nos. 9 and 10 to the Planning Commission for review of a way to deem existing structures in the RHS zones as conforming. Sorensen seconded, and the motion carried 4-1 with Bumett voting no. Sorensen moved and Chang seconded to consider excepting 3 additional lots from the RHS zone, adjacent to the 12 exceptions in the Lindy Lane/Regnart Road area. The motion carried unanimously. March 4, 199~ Cupergno City Council Page ~ Dean moved and Sorensen seconded to initiate a General Plan amendment on the Ricardo/Miramonte area. The Community Development Director said that staff would prepare a report on the impacts of cluster housing on the northern portion of the old McDonald Dorsett Quarry. The Council meeting was recessed from 9:25 p.m. to 9:40 p.m. 11. Public hearing to consider amending Chapter 17.32 of the Municipal Code regarding regulations for off-site signs. Environmental Determination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (a) First reading of Ordinance. No. 1720: "An Ordinance of the City Council of the City of Cupertino Amending Section 17.16.010 of the Cupertino Municipal Code, 'Certain Signs Exempt From Peiiiiit Requirements' for the Purpose of Conforming the Code to the Bus Shelter Program Agreement and Amending Section 17.32.060 'Residential Real Estate Signs' and Section 17.32.070 'Sale. Rent or Leasing Signs' for the Purpose of Conforming the Provisions of the Municipal Code to California Civil Code Section 713 Allowing Real Estate 'For Sale' Signs to be Displayed Both on and Off Site." Burnett opened the public hearing. Sorensen moved to grant a negative declaration. Dean seconded and the motion carried 5-0. Sorensen moved to approve the application per Planning Commission Resolution No. 4682. Bautista seconded and the motion carried 5-0. The City Clerk read the title of Ordinance No. 1720. Sorensen moved and Bautista seconded to read the ordinance by rifle only, and that the City Clerk's reading would constitute the first rending thereof. Motion carried 5-0. 12. Application Nos. 12-Z-95 and 33-EA-95 - Mary Jozovich, Don & Sue Jozovich and Viola LsTsueo - Amendment to Title 19 of the Cupertino Municipal Code, zoning of approximately one acre to P (RES 5-10) (Planned Development Residential, dwelling units per gross acre) zone. Located at 10106-10132 Blaney Avenue. Environmental Detei~-~-,ination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval (Item Nos. 12 and 13 were discus.~ed together.) (a) First reading of Ordinance No. 1721: "An Ordinance of the City Council of the City Council of the City of Cupertino Amending Section 1 of Ordinance No. 2 by - Rezoning Approximately 1.21 Acres from R1-10 to P (RES 5-10); Located at 10106-10132 Blaney Avenue (Application 12-Z-95)." March 4, I996 Cupert/no City Council Page 6 PLANNING APPLICATIONS 13. Application Nos. 16-U-95, 10-TM-95 and 33-EA-95 - Mary Jozovich, Don & Sue Jozovich and Viola Lazaneo - Use permit to construct 8 residential units in a Planned Development Zoning District and tentative map to consolidate 3 lots and to subdivide an approximately one acre parcel into 8 lots. Environmental Det~,aination: The Planning Commission recommends the granting of a negative declaration. Recommended for approval. (Item Nos. 12 and 13 were discussed together.) The Community Development Director reviewed the staff reports. Burner opened the public hearing. Mr. Brian Kelly, Kelly Gordon Development, agreed with staff's recommendation. He described the location of the one-story buildings so they would have less impact on other one-story buildings in the area. He also reviewed plans for planting 10 24-inch box trees. Mr. George Monk, 19985 Price Avenue, distributed a letter to Council dated March 3 which expressed support for the overall plan and also for 'removing the Monterey Pine and adding indigenous trees. Mr. Tom Pochylski, 19975 Price Avenue, said he was in support of the project and the proposal regarding tree removal and planting. Sorensen moved to grant the negative declarations. Chang seconded and the motion carried 5-0. Sorensen moved to approve the zone change per Planning Commission Resolution No. 4678. Banfista seconded and the motion carried 5-0. The City Clerk read the title of Ordinance No. 1721. Soreusen 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. Soreusen moved to approve the use permit per Planning Commission Resolution No. 4677. Dean seconded and the motion carried 5-0. Soreusen moved to approve the tentative map per Planning Commission Resolution No. 4679. Dean seconded and the motion carried 5-0. Unrelated to this item, Bautista asked that staff prepare a report showing which areas currently zoned R-1 are slatexi to be re-zoned 5-10. NEW BUSINESS 14. First reading of Ordinance No. 1722: "An Ordinance of the City of Cupertino, Amending Title Two, Title Three, Title Five, Title Six and Title Nine of the Cupertino Municipal Code for the Purposes of Conforming the Provisions of the Code to the Requirements of March 4, I/)06 Cupertino City Council Page 7 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 Ordinance No. 1722. 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 carded 5-0. ORDINANCES 15. Second reading and enactment of Ordinance No. 1717: "An Ordinance of the City Council of the City Of Cupertino Amending Section 1 of Ordinance No. 2 By Rezoning 0.7 Net Acres From R-2-H to Planned Development P(RES 4.4-7.7); located on the West Side of Peninsula Avenue and Northerly of Stevens Creek Boulevard (Application No. 11-Z-95 - Peninsula 7)." The City Clerk read the title of Ordinance No. 1717. Sorensen 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 5-0. Sorensen moved and Bautista seconded to enact Ordinance No. 171.7 Motion carded 5- -- 0. 16. Second reading and enactment of Ordinance No. 1718: "An Ordinance of the City of Cupertino Amending Chapter 11.24.160 of the Cupertino Municipal Code Relating to the Establishment of Stopping, Standing, and Parking During Certain Hours, Valley Green Drive." The City Clerk read the title of Ordinance No. 1718. Sorensen moved and Bautista seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Sorensen moved and Bautista seconded to enact Ordinance No. 1718. Motion carded 5- 0. COUNCIL REPORTS Burner reported that the Toxics Coalition met regarding Kaiser Cement issues, including the tire burning program, and the matter would go before the Bay Area Air Quality Board this week. He said that the Highway 85 noise committee met and reached consensus on the specific pwblem and physics of the situation which produces the noise. Caltrans agreed to do a study to find sound-absorbing materials which would be used to cover the bottom 10 feet in especially deep channels which were producing the strong sound plumes. Burnett said he attended the ISTEA conference and it was agreed that it should be fine-tuned to allow more flexibility and local control. March 4, 1996 Cupertino City Council Page g _ Chang reported that he attended a meeting of Santa Clara County Library District Joint Powers Authority Board of Directors. Out of the 12,000+ parcels that were affected only 30-40 appeals were received and most of those had already been satisfied. He was pleased with this illustration of the strong community support for the libraries. $orenscn reported that there was a curator's tour and lunch to celebrate thc Cupertino Historical Society's new exhibit featuring women pioneers. She said the 4th of July committee was moving along. They had received some donations, but more were always welcome. ADJOURNMENT At 10:15 p.m. the meeting was adjourned. City Clerk