CC 11-10-2014 (Special)CUPER�'INO
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Monday, November 10, 2014
SPECIAL CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Gilbert Wong called the Special City Council meeting to order 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.
ORAL COMMUNICATIONS
Rhoda Fry talked about her concern with the neglect of the Snyder-Hammond House which is
owned by the Cupertino Historical Society and protected in the General Plan.
Jennifer Griffin also talked about the Snyder-Hammond House and how important it is to
preserve the last Victorian in Cupertino.
Steve Scharf noted concerns with `the notice of tonight's meeting being confusing to the public.
Council recessed from 7:12 p.m. to 7:21 p.m.
PUBLIC HEARINGS
1. Subject: Certification of Final EIR, General Plan Amendment, Draft Housing Element,
Rezoning, Specific Plan Amendment, Municipal Code Amendments
Recommended Action: The Plaruling Commission recommends that the City Council
take the following actions in accordance with the Draft Resolutions (Attachments A-
F) with the exceptions noted in Attachment G:
1. Adopt Resolution No. 14-210 for Certification of an Environmental Impact Report,
adoption of Findings and a Statement of Overriding Considerations, and adoption of
City Council
Minutes November 10, 2014
Mitigation Measures and a Mitigation Monitoring and Reporting Program, (EA-2013-
03), in substantially similar form to the attached Resolution (Attachment A); and
2. Adopt Resolution No. 14-211 approving GPA-2013-01 in substantially similar form
to the attached Resolution (Attachment B and as amended by Attachment G):
a. Draft General Plan (Community Vision 2040)
b. General Plan Map Amendments; and
3. Adopt Resolution No. 14-212 to authorize staff to, in substantially similar form to
the attached Resolution (Attachment C and as amended by Attachment G):
a. Forward the Draft 2014-2022 Housing Element to the State Department of
Housing and Community Development (HCD)
b. Use the prioritized list of Alternative Housing Element sites (in case one or
more of the adopted sites are not accepted by HCD as Housing Element sites);
and
4. Conduct first reading of Ordinance 14-2124, "An Ordinance of the City Council of
the City of Cupertino Rezoning Certain Sites in the City for Conformance with the
General Plan and Housing Element Zoning Map Amendment," Z-2013-03
(Attachment D and as amended by Attachment G); and
5. Conduct first reading of Ordinance 14-2125, "An Ordinance of the City Council of
the City of Cupertino amending various Chapters in Title 18 and Title 19, including
the amendment of the Density Bonus Ordinance, the addition of a Chapter in Title 19
to implement policies in the General Plan, the addition of a Chapter in Title 13 to
improve readability," Municipal Code Amendment, MCA-2014-01 (Attachment E);
and
6. Adopt Resolution No. 14-213 approving Specific Plan Amendment, SPA-2014-01,
in substantially similar form to the attached Resolution (Attachment F). The Balanced
Plan is reflected in Attachments A- F. The Planning Commission's changes to the
exhibits to Attachments A- D are reflected in Attachment G. These changes are
discussed in detail later in this report. CEQA Findings for adoption of the Balanced
Plan and Housing Element sites recommended by staff are in Attachment H; and
Descriytion:
Application No(s): GPA-2013-01, Z-2013-01, GPA-2013-02, , SPA-2014-01, MCA-2014-
01 (EA-2013-03); Applicant(s): City of Cupertino; Location: citywide; Certification of
Environmental Impact Report for a General Plan Amendment, Housing Element
Update and Associated Rezoning; General Plan Amendment to establish citywide
development allocations for commercial, office, hotel and residential uses and
development parameters for key study areas (including the Vallco Shopping district);
General Plan Amendment for the 2014-2022 Housing Element as required by State
Law; Rezoning of certain parcels in conjunction with the citywide General Plan
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City Council
Minutes November 10, 2014
Amendment; Specific Plan Amendment to the Heart of the City Specific Plan related
to maximum residential yield calculations and an updated map to conform to the
General Plan; Municipal Code Amendment to comply with State Housing Law and
the Housing Element of the General Plan and other zoning code amendments for
clean-up and Consistency. �
Written communication for this item included various emails; amended staff report;
amended maps showing alternatives A, B, C, Balanced Plan, and Planning
Commission recommendation; handouts from speakers and a staff PowerPoint
presentation.
Consultant Dan Amsden with MIG, Director of Community Development Aarti
Shrivastava, Senior Planner Piu Ghosh, and consultant Steve Nowack with
PlaceWorks reviewed the item via a PowerPoint presentation.
Retail consultant David Greensfelder and Chief Business Officer for Cupertino Union
School District (CUSD) Chris Jew responded to Council questions.
Council recessed from 10:02 p.m. to 10:18 p.m.
Mayor Wong opened the public hearing.
The following individuals spoke on this item:
Preston Chiappa
Brook Ezzat
Sam Lin (Chinese Church in Christ)
Larry Hendler
Jennifer Griffin
Carlene Matchniff (Irvine Company) ,
Bob McKinnin
Darrel Lum
Yu Ying (neighbors on Alderbrook)
Kevin McCleYland (Cupertino Chamber of Commerce)
Aneeta Tiwana
Eric Hesh
Tim McRae (Silicon Valley Leadership Group)
Gary Latshaw (Sierra Club)
Vincent Rivero (VER Engineer)
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City Council
Minutes November 10, 2014
Neil Struthers
Claudio Bono (Cupertino Inn De Anza Properties)
Ching Shyu
Muzhou Shao
Deepika Kapil
Kathy Bian
Dennis Whittaker
Blair Volckmann
Deepika Vajak
Sowmya Subramaniam
Jason Lundgaard (Apple)
Lisa Warren
Huijing Cao
Yanping Zhao
Steven Scharf
Liang Chao (Better Cupertino)
Eric Schaefer (Better Cupertino)
Tom Pyke
Sushma Shirish (Richwood 1)
Nagapriya Tiruthani
Saravanakumar Tiruthani
Chris Bencher) (speaking on behalf of a group)
Sunil Satnur (Richwood 2) speaking on behalf of Srini Krishnamurthy, Meena
Krishnamurthy, Ram Natarajan, Rajagopal Muralidaran,
Ruth Littmann Ashkenazi
Peggy Griffin
Chris Huang (Marina Foods)
Albert Wang (Marina Plaza)
John Thatch speaking on behalf of Glen Simmons from Dahlin Group)
Michael Kramer yielding time to Reed Moulds and Peter Pau (Sand Hill Property
Company)
Mike Rohde
Wenguang Wang
Mark Tersini (Oaks Shopping Center)
Beverly Bryant Oaks Shopping Center
Mayor Wong closed the public hearing.
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City Council Minutes November 10, 2014
Special counsel on the Housing Element Barbara Kautz from Goldfarb and Lipman
ex,plained the idea of identifying alternative housing sites in case Vallco is .chosen as a
housing site and not developed.
City Manager David Brandt explained that Council couldn't vote on the Housing
Element tonight except for straw votes so staff could conform the findings.
Mahoney moved and Wong seconded to instruct staff to conform findings on following. The
motion carried with Chang and Wong voting no.
1. Housing Element:
Site
Oaks
Vallco
Hamptons
(342 du
existing)
Barry
Swenson
Glenbrooks
(517 du
existing)
Villages
(468 du
existing)
Carl Berg
Total
Scenario A
(If Vallco Shopping District Specific
Plan gets adopted in 4 years)
50 du in HE
Clustered at min. density of 25 du/ac
on portion of site
582 du in HE.
35 du/ac (existing)
650 du additional @ 85%
89 du/ac
11 du @ 85%
25 du/ac (existing)
93 du additional @ 85%
20 du/ac (existing)
❑1
Scenario B
(If Vallco Shopping District Specific
Plan does not get adopted in 4 years)
235 du @ 85°/a
�
35 du/ac
CI]
748 du additional @ 85%
� 99 du/ac -
11 du @ 85%
25 du/ac (existing)
93 du additional @ 85%
20 du/ac (existing)
62 du additional @ 85%
20 du/ac (existing)
0 � 169 du @ 85%
25 du/ac (existing)
1,386 1,318
Mahoney moved and Wong seconded to instruct staff to conform findings on the
following. The motion carried with Santoro and Wong voting no.
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City Council Minutes November 10, 2014
1. Office: Additional allocation of 2 million square feet for Vallco, additional 500,000
square feet of office for city-wide, and retain the Major employers allocation pool at
540,000 square feet, with special instructions for Vallco allocation as indicated below.
2. Hotel additional 1,000 rooms;
3. Residential: additional allocation of 108 dwelling units;
4. Commercial: no additional allocation
5. Vallco Shopping District: The following allocation for Vallco Shopping District is
contingent upon the approval of a Specific Plan within four years of adoption of the
General Plan.
a. Office Allocation: 2 million square feet;
b. Commercial Allocation: minimum of 600,000 square feet;
c. Residential Allocation: 582 dwelling units;
d. Hotel Allocation: 375 hotel rooms; and
e. If a Specific Plan is not adopted within four years of adoption of the General
Plan:
6. Heights:
Planning Area
i. Remove 2 million square feet of office from the Vallco Shopping District
and move 500,000 square feet of office to the city-wide pool (the rest of
the 1.5 million square feet will be removed from the General Plan); and
ii. Remove all residential allocation (582 dwelling units) from Vallco and
redistribute per Scenario B in Motion 1.
City Council Straw Votes on 11/10/14
Heart of the City Special Area
Oaks Gateway - 45 ft. base height; or up to 60 ft. with community benefits
- 25 du/ac
- 35 du/ac; if Vallco Specific Plan not adopted in four years
Glenbrooks site
North Crossroads
Node
Cit� Center
Soutli Vallco Park
- 30 ft.
- 20 du/ac
- 45 ft. base height; or up to 60 ft. with community benefits
- Up to 75 ft. with community benefits for Stevens Creek Office Center study area
- 25 du/ac
- 45 ft. base height; or up to 75 ft. with community benefits; or up to 90 ft. with community
benefits on asterisked sites
- 25 du/ac
-45 ft. base height; or up to 60 ft. with community benefits
- 35 du/ac
Vallco Shopping District Special Area
East of Wolfe Road -45 ft.; or up to 90 ft. with community benefits
- 35 du/ac
City Council Minutes November 10, 2014
Planning Area City Council Straw Votes on 11/10/14
West of Wolfe Road - 45 ft. base height; or up to 60 ft. with community benefits; up to 75 ft. with community
benefits for a 200 ft. depth along the Wolfe Rd prop. line and set back 200 ft. from Stevens
Creek Blvd prop. line
- 35 du/ac
N. De Anza Blvd - 45 ft. base height; or up to 60 ft. with community benefits
Special Area
Homestead Special Area
North De Anza -45 ft. base height; or up to 60 ft. with community benefits; or up to 110 ft. for 5-star hotel with
Gateway (Cupertino 400-person convention center with community benefits
Inn) -35 du/ac
Stelling Gatewa� -45 ft. base height; or up to 60 ft. with community benefits
(east of Stelling) -35 du/ac
North Vallco Park Special Area
N. Vallco Gatewa� -45 ft. base height; or up to 60 ft. with community benefits; or up to 90 ft. for a 200 ft. depth
(west of Wolfe RdJ along Wolfe Rd prop line for hotel & major convention center with community benefits
- 25 du/ac
N. Vallco Gatewa� -Up to 75 ft.; up to 60 ft. for buildings within 50 ft. of prop. lines abutting Wolfe Rd,
(east of Wolfe Rd. - Pruneridge Ave & Apple Campus 2 site.
Hamptons site) -25 du/ac, if not HE site
-650 du additional @ 85% (95 du/ac), if Vallco Specific Plan adopted in four year
-748 du additional @ 85% (99 du/ac), if Vallco Specific Plan not adopted in four years
South De Anza Merge into one area far South De Anza Boulevard
Boulevard Special -30 ft.
Area - 25 du/ac
Summerwinds HE -30 ft.
Site -25 du/ac
Building planes 1:1 along all arterials
along arterials (No change to Heart of the City landscape easement setback of 35 ft.)
Same as Balanced Plan
7. No General Plan land use designation change for the PG&E site.
Wong moved and Mahoney seconded to continue the public hearing, consideration,
deliberation, and decision on all matters listed on the November 10, 2014 agenda and for all
other business on the agenda to November 18, 2014. The motion carried unanimously.
(NOTE: The November 10th public hearing was re-noticed for the December 2, 2014 regular Council
meeting due to noticing errors related to the November 10th meeting and continuance. On December 3
(continued from December 2), 2014 all actions taken at the November 10th meeting were rescinded.]
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City Council Minutes November 10, 2014
REPORTS BY COUNCIL AND STAFF - None
ADJOURNMENT
At 5:00 a.m. on Tuesday, November 11, Mayor Wong adjourned the meeting as noted above.
C.`_� ��t'f��� i��-�
Grace Schmidt, City Clerk
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