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CC 10-20-97 CC-954 Cupertino City Council Regular Meeting October 20, 1997 PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Bautista called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor John Bautista, Vice-Mayor Michael Chang, Councilmembers Don BurneR, Wally Dean, and Lauralee Sorensan. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City AtWmey Charles Kilian; 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 - None POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR Sorensen moved to approve the items on the Consent Calendar as presented. Burner seconded and the motion carried 5-0. 1. Resolution No. 9981: Accounts Payable, October 3, 1997. 2. Resolution No. 9982: Accounts Payable, October 10, 1997. 3. Resolution No. 9983: Payroll, October 3, 1997. 4. Minutes of the regular meeting of October 6, 1997. 5. Review of Alcoholic Beverage Control license application for Pussycat Inc., 21250 · -- Stevens Creek Blvd. (Flint Center). 6. Resolution No. 9984: Setting public hearing for December 1, 1997, to consider cancellation of Williamson Act Contract; The Roman Catholic Archbishop of San " October 20, 1997 Cupertino City Council Page 2 Francisco, APN No(s). 342-05-056 and 342-05-060, property located south of 1-280 and west of Foothill Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard. 7. Resolution No. 9985: Authorizing execution of agreement and approving improvement plans, Hank C. Chang and Yunghwa L. Chang, 21907 Almaden Avenue, APN 357-15- 021. 8. Resolution No. 9986: Accepting quitclaim deed f~om Hank C. Chang and Yunghwa L. Chang, 21907 .Almaden Avenue, APN 357-15-021. 9. Resolution No. 9987: Accepting grant of easement for roadway purposes from Hank C. Chang and Yunghwa L. Chang, 21907 Almaden Avenue, APN 357-15-021. 10. Resolution No. 9988: Authorizing execution of agreement and approving improvement plans, Karo T. Li and Betty W. Li, 22363 Stevens Creek Boulevard, APN 326-15-011. 11. Resolution No. 9989: Accepting quitelaim deed from Kant T. Li and Betty W. Li, 22363 Stevens Creek Boulevard, APN 326-15-011. 12. Acceptance of municipal improvements: Allan Lin project at 10555 Merriman Road. Vote Counciimembers Ayes: Bautista, Burnett, Chang, Dean, and Sorensen Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 13. Public hearing to consider an appeal of Planrting Commission denial of Application 10- EXC-97 which requested a hillside exception to construct a new 4,547 sq. ft. residence on a 2.56 acre, legal, sub-standard lot, prominent ridgeline, slopes greater than 30%, and to exceed 2,500 cubic yards of grading. The project is located at Stevens Canyon Road/Balboa. (James Jackson, appellant, representing applicants/property owners, Phillipe and Anne Dor.) Community Development Director Bob Cowan reviewed the staff report. He said that the project failed by a 2-2 vote of the Planning Commission. The two commissioners who were against the project were concerned with the size of the proposed home, hillside grading, and the long-term plans for public improvements in the area. Also, some of the neighbors were concerned with the visibility of this home from their own properties. October 20, 1997 Cupertino City Council Page 3 _ Cowan said that, because of potential development, it is highly unlikely that these roads will develop as shown on the 1917 map. Instead, lots are expected to develop incrementally, and each property will have to arrange for individual access. He said that the road proposed for this property could be widened at a later time to accommodate other neighbors. Mr. Jim Jackson, representing the applicant, said that the house would be 18 feet off the ground at its highest point. He noted that this is the best, most logical location for a road, and he felt that the applicant has met the requirements regarding grading, the 30 percent slope, and the prominent ridgeline issues. Mr. Jackson said that no grading will be done until the rainy season is over. Also, these improvements will result in an increase in public safety over the long-term. The geo-technical people say that this is the most logical and safest place on the hillside to construct a home. Mr. Jackson said that the building will be well below the top of Foothill. They avoid the use of excessive ridgeline building by virtue of a lot line adjustment and wrapping the house around the ridgeline. It will only be seen from Hyannisport and Kennedy junior high school, and it will be over a mile away and screened by trees. He said that his comments regarding the 13 different findings are included in the packet and he would not go over those in detail. However regarding No. 8, and he felt a reduction in the size of the house would be more punitive and would not affect overall public policy. If the sarae house were constructed on a fiat lot, it would only be 3,000 square feet. Mr. Maury Nelsen, civil engineer, discussed the drainage pattern which led to the bottom of Baiboa Road and then would pipe the water along Stevens Canyon Road to an existing drainage facility. The pipe will be large enough for ultimate development in this area, if that ever occurs. He said they will have time to re-seed the slopes and build retaining walls along Balboa Road and the driveway. In addition, they will widen Stevens Canyon Road by 10 feet, which will improve public safety. Mr. Philippe Dor, the applicant, discussed the mass and size of the house, the vantage point, and landscaping. He explained the restrictions on this property, including the slope factors, the requirement for a 40' x 40' turnaround, driveway, and a need for six parking spots near the house. The original plans have been amended so the maximum height from the ground is 18 ft. 8 in. and half oftbe house is underground. He explained that halls and stairways alone will comprise 23 percent of the property. In homes built on level ground, hallways usually represent only four percent of the stmeture. Mr. Dor said they will plant 24 in. box oak trees, with the exception of tree Nos. 6 and 7, which will be 36 in. box oak trees. This will eliminate the view problem from the parking area, and within three to four years the house will be hidden from the valley floor. Mr. Jackson said that a balanced community needs a variety of homes including top- quality homes such as this, which will be an excellent addition. - Mr. John Michel, representing residents on Ricardo Road, said they object~xl to the project because of concerns about public safety, drainage, the Hillside Ordinance, and visual impacts. He said that this area is known for a number of land slides, and they were not sure that the drainage solutions will be adequate. The existing drainage already October 20, 1997 Cupertino City Council Page 4 overflows during the rainy season with no development in place. There is also the potential for earthquake darllage and he asked who will pay the cost of property daw_age if a slide should occur. He also asked why the Hillside Ordinance was adopted if these types of exceptions will be allowed. He said the neighbors appreciated the care that the Dors had taken to confer with them about their plans and the accommodations that had been made, but the neighbors are still concerned about public safety and the visual impact of future development. Mr. Michel asked that the City Council deny this appeal. Ms. Trina Wolfgram, 22600 Ricardo Road, said she represented herself and Chris Wendt. She seconded the concerns noted by John Michel and said they enjoy a unique q!~_ality of living in a bucolic neighborhood and enjoy the views. They worD/' about the potential for flood, the impact of additional housing, and view impacts, and felt a full master plan should be in place for that pwperty. Public Works Director Bert Viskovich said that stottt,.q currently exceed the drainage system that is in place. The proposed cor~trocfion will put that runoff into a conduit to guide it into the city's drainage system so it will be better controlled. He said this will be an enhancement of both the road and drainage system in that area. Cowan explained what would be involved in doing a master plan for this area. Mr. Nelsen discussed drainage issues in further detail and showed how they would enhance the stability of the slope. Chang said that although the issues raised about public safety and drainage are important ones, he felt the that they had been addressed adequately, based upon the testimony of staff and the applicant, lie also felt the measures taken to reduce the vis, mi impact were sufficient. Burnett said he agreed with Chang's comments and noted that the house size was reduced from what would have been permitted four years ago. Also, it is important to provide some consistent rules for people who are in the process of building their homes so that they understand what will be acceptable. A great deal of space has been sacrificed in order to fold the house into the hillside. He did not feel the Pisari case is applicable to this project, because those houses are very close together. The road widening will be an improvement. He did not feel it would be proper to deny the project outfight, because he felt that people have a right to develop their property. Sorensen acknowledged the concerns of the neighbors who lived on Ricardo Road, but felt those had been appropriately addressed by the Public Works Director and civil engineer. She suggested an additional condition requiring the protection of existing trees, particularly the one on the back side of the house. Dean concurred with the comments of the other Councilmembers. Baufista said the purpose of the exception process is not to deny development in the hillside; rather the council's task is to provide an opportunity for the Planning Commission, council, and staff to scrutinize applications where they fall above a certain October 20, 199? Cupertino City Council Page 5 threshold. He felt this project was an overall improvement to the area, and regretted that the neighbors who objected to it had no mitigation measures to suggest other than to deny the project. Sorensen moved to grant the appeal and to approve application 10-EXE-97, with the modification of condition No. 2 to add a sentence that the existing trees on the site shall be protected in accordance with the city's tree preservation ordinance. Burnett seconded, and the motion carried 5-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS 14. Report of the Historical Research Committee. Community Development Director Cowan explained the formation of the ad hoc historical research comruittee. Mr. Jerry Stevens, Chairman Pro Tern of the committee, introduced the other committee members. Those included David Smith, Hugh Riddell, Bob Keyes, and Denise Han who was not present. He commended the effort of all of the committee members including input from Mr. Bob Levy. He said that they limited themselves to reviewing the 33 sites which had originally been provided to them and tried to come up with an objective documented description of those sites in view of protection that is needed. He said they viewed the videotape entitled "A Place Called Cupertino", and it highlighted how the comm~mity had changed from a rural, open area to a very dense community which affects all the historical properties which the City has. Mr. Stevens discussed each member's area of expertise and how the sites were ranked. These categories included architectural, historical, and environmental. The current protection status was reviewed at the very end of the process. Sites were also noted for any unique properties that they possessed. The final recommendation from the committee was unanimous. Mr. Stevens also commanded Deborah Ungo-McCormick for her fine work as their recording secretary. The Councilmembers all expressed their appreciation for the hard work of this committee and the high quality called the report which they produced. Burnett commentext that this year be Silicon Valley bicycle coalition cycle rally will be held in Cupertino. It will be a treasure hunt and the historic homes are the items for which they will be searching. Mr. George Monk, 19985 Price Avenue, said the direction to this committee had been to define structures ofcompelfing interest. Council member Chang suggested those would be the types of buildings you would take schoolchildren on a field trip to visit. This report has shown that there are very few such places. He also pointed out that very few of the homes have scores of less than 20. That's because in order to get on this list, they have to be quite old. If that measurement were deleted very few of these homes would get halfway up the scale. Mr. Monk agreed that the report is an excellent piece of work and supported the committee's conclusion that can historical ordinance was not necessary. October 20, 1997 Cupertino City Council Page 6 ._ Ms. Mary Lou Lyon said she did not volunteer to be on the committee because she was gone most of the summer. She felt the committee had done an excellent job. She would find, as an historian, that the first seven or eight on the list were compelling and certainly would take children to visit them. The Councilmembers all expressed their appreciation for the hard work of this committee and the high quality of the report which they produced. Sorensen said her only concern was regarding the Hammond-Haines house on page 14-27 on which no assessment was made. This is located on the diocese property and she felt that further study may be necessary. Chang suggested that this outstanding report from the Historical Research Committee be made available at the Cupertino library and on the City's Website. Bumett moved to accept the report from the Historical Research Committee. It was determined that, based on the conclusions of the report, a historic preservation ordinance is not warranted because the highest ranked sites are already protected. Dean seconded, and the motion carried 5-0. Mayor Baufista reordered the agenda to take item No. 15 last. NEW BUSINESS 16. Report on resignations from commissions: Marlene Elwell (Fine Arts Commission) and '- Dick Blaine (Bicycle Pedestrian Committee). The City Clerk explained that these two positions would be filled during the annual recruitment process in January. Council concurred to receive the report. ORDINANCES 17. Second reading and enactment of OrdiBance No. 1768:' "An Ordinance of the City Council of the City Of Cupertino Amending Title 19 of the Cupertino Municipal Code By Rezoning Approximately 4 Acres from R1-10 and R1-7.5 to Rl-10i and R1-7.5i Zones By Adding the (i) Designation Which Imposes a Building Height Restriction of One Story Not To Exceed 18 Feet Upon All New Construction Within the Zoning Boundary; Property Consists of a Portion of the Felton Park No. 3 and 4 Subdivisions, Tract Numbers 717 and 834 and Parcels 359-18-52, 359-18-53 and 359-18-54, John Way." The City Clerk read the title of the ordinance. Sorensen moved and Burnett seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 3-2, with Dean and Chang voting no. Sorensen moved and Burnett seconded to enact Ordinance No. 1768. Motion carried 3-2, with Dean and Chang voting no. October 20, 1997 Cupertino City Council Page 7 _ UNFINISHED BUSINESS (continue.) 15. Urban Pockets Program update. Community Development Director Cowan highlighted the staff report and said that meetings would begin October 30 for the residents of the Garden Gate community, on November 5 for Monta Vista, and on November 13 for Rancho Rinconada. He reviewed the existing general plan policy which says that the City is willing to annex small areas. For larger areas the City must be conscious of the benefits to the community, especially the fiscal effects. To annex all three areas will cost the City about $31,000. It is also important to consider the sequencing of annexation, particularly in the larger Rancho l~con~ area. Dean said that he had received several telephone calls from residents in the Rancho Rinconada area, and there are approximately 200 households hoping to be annexed to the City. They are concerned they will lose that opportunity if the overall comnlunlty votes against it. Cowan said the ability to annex just a portion of the community will depend on whether those lots are next to a natural boundary. Burner agreed that there is a portion of the community with a particular interest in being anuexed and special care should be taken to address their concerns. Cowan explained that this is a joint County/City project, with the County as lead. They - have di~i~ibuted the Urban Pockets Program infox~uation and are currently receiving interest cards which were provided 'with that information. Then the community meetings will be held. If there is any interest in annexing, the City will begin its own series of hearings. Baufista said he understood there may also be some small benefits associated with the annexation of additional household if it were to bring the City population above 50,000. Cowan agreed that it would impact the City's receipt of Community Development Block G-rant Funds (CDBG) by allowing the City to receive those funds directly. Burner said that it makes sense from a practical point of view to annex all three of these Chang asked why the decision to annex should be done by registered voters and not property owners. Cowan said that registered voters may also include renters, and another process would require 25 percent of the landowners to vote in favor. He reviewed the chart which describes the hearings process and the protest procedures. Sorensen said that if the people wished to be annexed, the City should take them in. Baufista summarized the Council position as follows: the City believes it would be a net -. benefit, not only to the City, but also to the residents there. Although it would be good for all concerned, the City will not force that on the residents in the areas concerned. The Council would also favor some foam of logical sequencing, particularly in the Rancho Rinconada area. Octol~er ~0, 1~)~}~ Cupertino City Council Page 8 STAFF REPORTS - None COUNCIL REPORTS Dean asked that staff remove and deal with the commercial signs which are improperly posted (such as the Titans and the Clash, and the Home Show). Sorensen said she had noticed a great deal more graffiti, especially along the freeway, and asked whether cameras could be mounted there to catch the vandals in the act. Chang said that he will be representing the City at the library JPA meeting on Thursday. The topic to be discussed will be Interact access in the library. He also commented on the Public Dialog Consortium meeting which was held recently, and felt that it went very well. CLOSED SESSION - None ADJOURNMENT At 8:30 p.m. the meeting was adjourned. City Clerk