CC 04-26-99 MINUTES
CUPERTINO CITY COUNCIL
Special Meeting
April 26, 1999
PLEDGE OF ALLEGIANCE
At 5:00 p.m. Mayor Dean 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 Wally Dean, Vice-Mayor John Statton, and Council
members Don Bumett, Michael Chang, and Sandra James. Council members absent: None.
Staff present: City Manager Don Brown, Deputy City Attorney Eileen Murray, Planner Colin
Jung, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR - None
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
1. RI construction on slopes 30 percent and greater - consideration of the extension of an
urgency ordinance to regulate single-family residential construction on sloped lots 30
percent and greater (continued from April 19, 1999).
(a) Reading and enactment of urgency Ordinance No. 1816 "An Ordinance of the
City Council of the City of Cupertino Extending Ordinance No. 1814 Applying
Interim Zoning Regulations for Properties Zoned Single Family Residential and
Having a Hillside Slope of 30 Percent or Greater, and Declaring the Urgency
Thereof, and Taking Effect Immediately."
Jung explained that Cupertino is naturally hilly, and a lot of properties were not
identified as hillside areas when the RHS rezoning was done because staff did not have
the resources to identify every property that had a steep slope. Changing the R- 1
zoning ordinance would be the most effective means of addressing this, because it
Page 2 Cupertino City Council April 26, 1999
would put thc onus on thc property owners to identify their properties as hillside
properties when they come in with development plans, and then the appropriate
standards will be applied.
Statton said this provision probably should have been incorporated at the time the
hillside ordinance was set up. Also, he is not generally in favor of hillside
development for housing. In this particular case, he felt the city is rushing the
ordinance through on an emergency basis because there is one particular property that
they do not want to have developed. He felt this singles out one area.
Bumett said a discussion was held at the time the hillside ordinance about covering all
properties. He was in favor, but there wasn't Council support for it at that time. One
of the reasons given was the lack of resources.
Burner moved to grant a negative declaration. James seconded, and the motion
carried 4-1, with Statton voting no.
Thc City Clerk read the title of thc ordinance. Bumett moved and Statton seconded to
read the ordinance by title only, and that the City Clerk's reading would constitute the
final reading thereof. Motion carded 4-1 with Statton voting no.
Burner moved to enactment of Ordinance No. 1816. James seconded, and the motion
carried 4-1, with Statton voting no.
James moved and Chang seconded to initiate a public hearing to amend the residential
single-family ordinance to include hillside standards for lots with a 30 percent slope or
greater. The motion carried 5-0.
STAFF REPORTS - None
COUNCIL REPORTS - None
CLOSED SESSION - None
ADJOURNMENT
At 8:30 p.m., the meeting was adjourned to Friday, April 30th, at 8:30 a.m., for a City
Council/Manager quarterly workshop at the Blackberry Farm Retreat Center, 21975 San
Femando Avenue.
City Clerk