11-18-14 Amended agendaCITY OF CUPERTINO
AGENDA
Tuesday, November 18, 2014
10350 Torre Avenue, Council Chamber
CITY COUNCIL
6:45 PM
AMENDED
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Present proclamation to Assemblymember Paul Fong for outstanding
service
Recommended Action: Present proclamation
2.Subject: Proclamation to Andy Huang recognizing his many hours of volunteer
service to the community
Recommended Action: Present proclamation
3.Subject: Update from Cupertino Chamber of Commerce President Darcy Paul
Recommended Action: Receive update
4.Subject: Update from West Valley Community Services Executive Director
Naomi Nakano-Matsumoto
Recommended Action: Receive update
POSTPONEMENTS
The hearing on the citywide amendments to the City's General Plan, including the Housing
Element, Heart of the City Specific Plan, Vallco Shopping District, commercial, retail,
residential allocations, Municipal Code Amendments to conform with the General Plan,
certification of the Environmental Impact Report (EIR), and all other actions for this
project (November 10, 2014, Agenda, Item #1) will be re-noticed and heard on Tuesday,
December 2, 2014.
Page 1 CITY OF CUPERTINO
Amended at 7:00 p.m. on November 14,
2014 to add Postponement wording and
amended attachments to Item Nos.: 9
(Revised Staff Report, D - Amended Initial
Study and Negative Declaration); 11 A -
McClellan Ranch Preserve to Stevens
Creek Corridor Signage Program
November 18, 2014City Council AGENDA
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any
matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State
law will prohibit the council from making any decisions with respect to a matter not listed
on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
5.Subject: Waive the advisory body attendance requirement provision and reinstate
Rose Grymes to the Library Commission and Jessi Kaur to the Fine Arts
Commission
Recommended Action: Waive the advisory body attendance requirement provision
and reinstate Rose Grymes to the Library Commission and Jessi Kaur to the Fine
Arts Commission
Staff Report
A - Approved Resolution No.10-048
B - Rose Grymes warning letter
C - Rose Grymes termination letter
D - Rose Grymes letter to Council
E - Rose Gryme support letter
F - Jessi Kaur warning letter
G - Jessi Kaur termination letter
H- Jessi Kaur email to Council
6.Subject: Application for Alcoholic Beverage License for All That BBQ, 10493
South De Anza Boulevard
Recommended Action: Recommend approval for Alcoholic Beverage License for
All That BBQ, 10493 South De Anza Boulevard
Staff Report
A - Application
7.Subject: Application for Alcoholic Beverage License for Kula Revolving Sushi
Bar, 19600 Vallco Parkway
Recommended Action: Recommend approval of Alcoholic Beverage License for
Kula Revolving Sushi Bar, 19600 Vallco Parkway
Staff Report
A - Application
Page 2 CITY OF CUPERTINO
November 18, 2014City Council AGENDA
8.Subject: Summary Vacation of a Portion of the Public Utility Easement located at
10097 S. Blaney Avenue.
Recommended Action: Adopt Resolution No. 14-214, summarily vacating a portion
of the Public Utility Easement within a private property located at 10097 S. Blaney
Avenue.
Staff Report
A - Draft Resolution
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
9.Subject: Municipal Code Amendment to the Tree Ordinance
Recommended Action: 1. Adopt a Negative Declaration (EA-2013-01) per the
California Environmental Quality Act; and
2.Conduct the first reading of Ordinance No. 14-2126 “An Ordinance Of The City
Council Of The City Of Cupertino Amending Chapter 14.18 Of The Cupertino
Municipal Code, relating to permit thresholds City Wide, streamlining the tree
removal permit process for R1/A1/A/RHS/R2 Zones, and modifications for
readability"(MCA-2013-01)
Description:
Application: MCA-2013-01, EA-2013-02
Applicant: City of Cupertino
Property Location: citywide
Consider adoption of amendments to Chapter 14.18, Protected Trees, of the
Cupertino Municipal Code to streamline and update the tree removal review and
approval process, and to improve readability/consistency
Staff Report
Revised Staff Report
A - Draft Ordinance No. 14-2126
B - Proposed Changes to Chapter 14.18, Protected Trees
C - July 2, 1014 City Council Staff Report
D - Initial Study and Negative Declaration
D - Amended Initial Study and Negative Declaration
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November 18, 2014City Council AGENDA
10.Subject: Petition for Reconsideration of the City Council ’s approval of the Hyatt
House Hotel development project.
Recommended Action: Staff recommends that the City Council:
1.Consider the Petition for Reconsideration (Petition) and adopt Resolution No. 14-
215 (Attachment A) denying the petition for failure to meet the requirements of
Municipal Code Section 2.08.09 or, in the alternative;
2.If the Council determines the Petition meets the criteria, conduct a hearing on the
merits of the petition and uphold the Council ’s decision to approve/adopt the
following for the project:
i.Mitigated Negative Declaration (EA-2014-06)
ii.Development Permit (DP-2014-04, Resolution 14-202)
iii.Use Permit (U-2014-04, Resolution 14-203)
iv.Architectural and Site Approval (ASA-2014-06, Resolution 14-204)
v.Parking Exception (EXC-2014-07, Resolution 14-205)
vi.Tree Removal Permit (TR-2014-28, Resolution 14-206)
vii.Tree Removal Permit (TR-2014-40, Resolution 14-207)
Description:
Application Summary
Applications: DP-2014-04, U-2014-04, ASA-2014-06, EXC-2014-07, TR-2014-28,
TR-2014-40, EA-2014-06
Petitioner: Darrel Lum, Concerned Citizens of Cupertino
Applicant: Edward Chan
Property Owner:Cupertino Property Development II, LLC
Location: 10380 Perimeter Road (Southeast quadrant of Wolfe Road and I-280, APN
316-20-094) and 10150 North Wolfe Road (JC Penney site, APN 316-20-094)
Staff Report
A – Draft Resolution
B – August 26, 2014 Planning Commission staff report and meeting minutes
C – October 21, 2014 City Council staff report and meeting minutes
D – Petition for Reconsideration from Darrel Lum dated October 30, 2014
E – Applicant’s response letter
ORDINANCES AND ACTION ITEMS
Page 4 CITY OF CUPERTINO
November 18, 2014City Council AGENDA
11.Subject: McClellan Ranch Preserve to Stevens Creek Blvd. Signage Program
Report
Recommended Action: 1) Review the McClellan Ranch Preserve to Stevens Creek
Blvd. Signage program report; and
2)Select a preferred monument sign design from two alternatives forwarded by the
Park and Recreation Commission; and
3)Accept Report
Staff Report
A - McClellan Ranch Preserve to Stevens Creek Corridor Signage Program
B - Two Monument Signage Concepts
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
Members of the public are entitled to address the City Council concerning any item that is described in
the notice or agenda for this meeting, before or during consideration of that item. If you wish to
address the Council on any issue that is on this agenda, please complete a speaker request card located
in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called,
proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on
any other item not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3) minutes or less.
Page 5 CITY OF CUPERTINO