Loading...
CC 02-25-2014 (Special)CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting Tuesday, February 25, 2014 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the special City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS - None POSTPONEMENTS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR 1. Subject: Final Map for Main Street Cupertino Recommended Action: Adopt Resolution No. 14 -121 approving the Final Map (Tract No. 10172) Description: Final Map: Tract No. 10172; Property Owner: Main Street Cupertino Aggregator, LLC; Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of N. Tantau Avenue and south of Vallco Parkway (APN 316- 20 -078, 316 -20 -079, and 316 -20 -085) Council members concurred to pull this item and discuss it after item number 5. Tuesday, February 25, 2014 Cupertino City Council SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 2. Subject: Call for Review of the Planning Commission's approval of a Conditional Use Permit to allow a weekly mobile food truck event in the parking lot of a commercial establishment Recommended Action: Uphold the Planning Commission's approval Description: Application No(s): U- 2013 -09; Applicant(s): Benjamin Himlan (Whole Foods Market); Location: 20955 Stevens Creek Boulevard; APN# 326 -31 -022; Call for Review of the Planning Commission's approval of a Conditional Use Permit to allow a weekly mobile food truck event in the parking lot of a commercial establishment Written Communications for this item included a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao reviewed the staff report. Mayor Wong opened the public hearing. Matt Cohen owner of Off the Grid Services, LLC gave a PowerPoint presentation highlighting the project. Tim Widman speaking on behalf of the Cupertino Chamber of Commerce said that the Chamber had no objections to the conditional use permit but noted the unique. challenges of parking, traffic, and perceived competition from other businesses. He said that the Chamber would be happy to be included in any discussions with businesses. Cathy Thaler expressed concern about safety issues, especially for children around cars in the parking lot. Hary Singh, Local Forager for Whole Foods said that they support the food trucks because they would help to create a synergy with customers and local suppliers by building community and supporting local businesses. Mayor Wong closed the public hearing. Mahoney moved and Sinks seconded to uphold the Planning Commission approval with a change to move the event to the first parking aisle closest to Stevens Creek Tuesday, February 25, 2014 Cupertino City Council Blvd. unless staff thought there would LIE! a better location to deal with safety and traffic issues. The motion carried with Chang voting no. Council recessed from 8:03 p.m. to 8:10 p.m. 3. Subject: Architectural and Site Approval Application for final refinements to the previously approved Shops 1, 3 -5, 7 -8, Pads 1 -3, Town Square, Flex 1 & 2, Office 1 & 2, Parking Garage, and associated site and landscaping design of the Main Street Cupertino Project Recommended Action: 1. Consider referrals from the Design Review Committee (DRC) of an Architectural and Site Approval to: a. Provide clarification of Resolution 12- 098(M) as to the criteria for Architectural Site Approval, including Condition 35; and /or b. Amend Resolution 12- 098(M) as to the role of the DRC for Architectural Site Approval 2. If Resolution 12- 098(M) is amended, consider adopting Resolution No. 14 -122 regarding the Architectural and Site Approval Application (ASA -2012- 15) Description: Application(s): ASA- 2012 -15; Applicant(s): Kevin Dare (500 Forbes, LLC); Location: southeast corner of Vallco Pkwy and Finch Ave Written communication for this item included emails from Darrel Lum and Lisa Warren, and a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao reviewed the staff report via a PowerPoint presentation. Kevin Dare with Sand Hill Property Company summarized the details of the project and requested final approval of the ASA ,application. Ken Rodrigues, architect, reviewed a :PowerPoint presentation highlighting the specific areas (districts) of the project. Mayor Wong opened the public hearing. Tim Widman speaking on behalf of the Cupertino Chamber of Commerce said that the Chamber strongly supports approving the application. Lisa Warren said that the design of the buildings isn't what was originally expected and she would like to see the use of a warmer, richer, and more vibrant color scheme; fewer modern elements like metal; the use of less concrete and more stone; smoothing of the concrete plaster; and fewer reveals. Tuesday, February 25, 2014 Cupertino City Council Cathy Thaler said she was surprised about the new drawings and noted that Ms. Warren speaks for many people in the neighborhood. Jennifer Griffin said that she Piked the project and looks forward to it being built. Mayor Wong closed the public hearing. Mahoney made an initial motion seconded by Wong and discussion followed. Council recessed from 11:02 p.m. to 11:12 p.m. Mahoney moved and Sinks seconded, including friendly amendments by Wong and Santoro, and the motion carried unanimously to approve the following: Amend Condition 35 of Resolution No. 12- 098(M) to note that Council will make the final approval of ASA- 2012 -15; Council will also make the final approval of Shops 2, 6, 9 and loft apartments. Adopt Resolution No. 14 -122 with the following changes: • Applicant to work with staff on detailing the garage for aesthetics including adding possible green screening or other architectural features • Clarify that the maximum height of the garage is 60 feet measured from the public sidewalk along Vallco Parkway given the retail component attached • Applicant to work with staff on Flex 1 & 2 buildings regarding the following: o Go back to the original art deco farmer's market design on. Flex 1 building • Introduce warmer colors /tones on Flex 1 & 2 buildings • Work with staff on building material which can be either IPE or corrugated metal /aluminum • In buildings 1, 3, 4 and the clock tower, use slate tile roofing material that resembles a variegated color combination similar to the Chinese multi -color slate or other comparable color palette • Applicant to work with staff and the City's consulting architect to reflect changes to the project acceptable to the project architect including the following: • Introduce decorative iron lighting features on the entry tower on Buildings 3 & 4 • Office exterior finish - smooth plaster (non- sprayed finish - similar to finish on Netflix building) Tuesday, February 25, 2014 Cupertino City Council 4. Subject: Tree removal permit to allow the removal and replacement of additional trees that are unhealthy or in conflict with the utilities /infrastructure for the Main Street Project Recommended Action: Adopt Resolution No. 14 -123 approving the removal and replacement of an additional 28 trees for the Main Street Project Description: Application(s): TR- 2013 -39; Applicant(s): Kevin Dare; Location: southeast corner of Vallco Pkwy and Finch. Ave Written communication for this item included an email from Jennifer Griffin and a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao reviewed the staff report via a PowerPoint presentation. Kevin Dare with Sand Hill Property Company further reviewed the tree removal and replacement project. Gary Lymon with Guzzardo Partnership answered questions from Council regarding the tree removal and replacement project. Mayor Wong opened the public hearing. Jennifer Griffin noted concerns about the removal of some of the trees, especially the Ash trees that are the same age as the North Vallco trees. Lisa Warren asked a question about the process of when the trees would be removed after approval, especially if the garage issue hasn't been resolved. Cathy Thaler said that when the project was first approved, the applicant said that the Ash trees would be saved. Mayor Wong closed the public hearing. Mahoney moved and Wong seconded, with friendly amendments by Santoro and Wong, and the motion carried with Sinks and Santoro voting no to approve the following: Adopt Resolution No. 14 -123 with the following changes: • Allow for the removal of four (4) trees on Stevens Creek Boulevard (Southwest corner of the project) on the berm, including the berm Tuesday, February 25, 2014 Cupertino City Council • Retain all healthy trees on Vallco Parkway and Tantau Avenue • Hold the removal of any unhealthy trees along Tantau Avenue until Council sees the City arborist's report confirming the dead and unhealthy trees • Replace all dead trees with 48 inch replacements per staff's recommendation (Americana Ash) Council recessed from 1:00 a.m. to 1:05 a.m. ORDINANCES AND ACTION ITEMS 5. Subject: Joint Use Agreement for Main Street Park and Cupertino Main Street Town Square Recommended Action: Authorize the City Manager to execute a Joint Use agreement for Main Street Park and Cupertino Main Street Town Square Written Communications for this item included an amended page 4 of the Joint Use agreement, item g to note that the special events shall be conducted only between the hours of "dawn to dusk ", and a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao reviewed the staff report. Kevin Dare from Sand Hill Property Company asked Council for approval of the agreement. Jennifer Griffin asked if there would be a dog run, what kind of trees would be planted in the park, would Metropolitan and Rosebowl residents be allowed to use the park, would park fees go for actual park land purchase or in lieu fees, how wide the median was leading up to the park and where was it coming from. Chang moved and Mahoney seconded to authorize the execution of a Joint use agreement with a change that the City be entitled up to six (6) dates per calendar year to make use of the Town Square for City activities open to the general public. The motion carried with Santoro voting no. Mayor Wong announced that Council had met in a special closed session meeting at 6:00 p.m. to discuss initiation of litigation. Council obtained a briefing from legal counsel and no action was taken. Tuesday, February 25, 2014 Cupertino City Council 1. Subject: Final Map for Main Street Cupertino Recommended Action: Adopt Resolution No. 14 -121 approving the Final Map (Tract No. 10172) Description: Final Map: Tract No. 10172; Property Owner: Main Street Cupertino Aggregator, LLC; Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of N. Tantau Avenue and south of Vallco Parkway (APN 316- 20 -078, 316 -20 -079, and 316 -20 -085) Santoro moved and Mahoney seconded to adopt Resolution No. 14 -121 approving the Final Map (Tract No. 10172). The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:42 a.m. on Wednesday, February 26, Mayor Wong adjourned the meeting to Tuesday, March 4 at 3:00 p.m. for a study session regarding General Plan Amendment alternatives and Housing Element sites. Regular business will follow at 6:45 p.m., Community Hall Council Chamber, 10350 Torre Ave. Cupertino, CA. Grace Schmidt, 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.cul2ertino.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.cul2ertino.org. Click on Agendas & Minutes, then click Archived 'Nebcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.