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CC 12-04-79 . .~ . . ~ , CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertino. CA 95014 Telephone: 252-4505 MINUTES OF TBE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 4, 1979, IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALI"fORNIA CC-48l Page 1 Mayor Meyers called the meeting to order at 7:40 p.m. in the Council Chamber of City Hall. ROLL CALL Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning and Development Sisk Acting City Attorney Kilian PUBLIC HEARINGS 27. Application 24-Z-77 of City of Cupertino (Town Center): Rezoning approximately 50 gross acres from P (planned Development) to P (Planned Development with residential, commercial and office use intent) zone and Environmental Review: The Planning Commission rec- ommends the granting of a Negative Declaration. Said property is located on the southeast corner of Stevens Creek Boulevard and De Anza Boulevard. Recommended for approval. (a) First reading of Ordinance No. 966: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 50 Gross Acres from P to P; Located on the South- east Corner of Stevens Creek Boulevard and De Anza Boulevard." Jason Chartier, 20160 Home~tead Road, property owner of 14+ acres desig-, nated residential, addressed Council urging them to take action. J. Hitche1l, architect, 701 Welch Road, Palo Alto, inquired into the method of prorating used in the commercial area. G. D. Gibson, 119 Bryant, Palo Alto, representing the Koll Company. also questioned the method of prorating. Thomas O'Donnell, attorney repr~~enting Hr. Cali, informed Council that Mr. Cali is not yet ready to close down his business in Cu~ertino. Q',,,stions from Mr. O'Donnell pertained to the location of the proposed park site and the question of street location. Hs. Judy O'Shea, Clay Street, asked if Hr. Chartier's project is the same one previously turned down. It was moved by Co~nc. Sparks and seconded by Counc. O'Keefe to close the public hearing. The motion and the second were withdrawn. CC-481 P.2 24-Z- 7-7 re- scheduled Public hearing clo"ed pl"aps and pol ic ies ap- proved, SCB Plan Line . .~.'.'.'::::"'-:";'~~~"'J 4~":_~~~~~~W MINUTES OF THE DECEMBER 4, 1979 CITY COUNCIL MEETING It was moved by Counc. Rogers, seconded by Counc. JackeoD and passed unanimously to address questions raised during the hearing and to re- schedule this application for the meeting of January 7, 1980. Considera- tions to be addressed are the configuration of Torre Avenue, the c~rcial- office allocations. alternatives if Torre is not a through road and the ~ffect on the project if the road terainates in the middle. The Acting City Attorney will report to Council regarding new legislation relating to the price of purchase of s¿.vo1 land by a public agency. 10:00 - 10:10 p.m. - Recess 28. City of Cupertino: Public hearing to clarify land use policies contained within the Old Manta Vista General Plan, particularly with respect to the practice of permitting on-street parking to satisfy off-street parking needs and Environmental Review: The project was previously assessed. hence no action is required. Recommended for approval. Ann Anger stated she would rely on staff expertise regarding the angle of parking. It was moved by Counc. Jackson, peconded by Counc. Sparks and passed unanimou~ly to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to approve the plan maps and policies of the Old Manta Vista Element of the Stevens Creek Boulevard Plan Line as per Planning Commission Resolution No. 2009 as amended for 75" parking design rather than 60". 29. Application 2o-Z-79 of Allen Degrange: Rezoning approximately .3 of a gross acre from ML (Light Industrial) to P (Planned Develop- .eat with ~reia~WDd industrial intent) zone and'Bøvironmental Review: Tbe Planning Commission recommends the granting of a Nega- tive Declaration. Said property is located on the east side of Imperial Avenue approximately 120 ft. southerly of Stevens Creek Boulevard. Recommended for approval. " (a) First reading of Ordinance No. 967: ".~n Ordinance of the City of Cupertino Amending Section 1 of Ordinance No.2 by Rezoning Approximately .3 of a Gross Acre from ML to P; Located on the East Side of Imperial Avenue Approximately 120 Ft. South~rly of Stevens Creek Boulevard." 31. Application 24-U-79 of Allen DeGrange: Use Permit to construct a 6,000 sq. ft. commercial and industrial building and Environmental Review: The Planning Commission recoØ1ll1ends the granting of a Nega- t1ve Declaration. Said property is located on the east side of Imperial Avenue approximately 120 ft. southerly of Stevens Creek Boulevard. Pecommended for approval. Hr. Michael Lynch, owner of the property, informed Council that this would not be a retail operation. Ann Anger spoke in opposition to the application. -. ~...: ',' .'~~~.'":"''''""'<" >;:~-:T'''::'~~'' '-'''_:¡~''''':''-'--~,''''c:.''''''7'''*--:';;,/·'r:~-' "'Z.:':;r.,'~ "_,:;::;~~~ ,...". HIiTUTES OF THE DECEMBER 4, 1979 CITY COUNCIL MEETING . Lee lbaney spoke in favor of the applicant. It was IIICIVed by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to refer Ap?lications 2o-Z-79 and 24-U-79 back to the Planning Commission to toe reviewed for consistency with the General Plan. NEW BUSINESS 41. Request of New Life Church for two temporary facilities aud for continued use of an existing mobile unit at their site located on the southern aide of McClellan Road, easterly of Stelling Road. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to take 7tem 41 out of order. It was moved by Counc. O'Keefe, secor.ded by Counc. Sparks and passed unanimously to approve the request of New Life Church for two temporary facilities and for continued use of an existing mobile unit at their site on HcClel1an Road. PLANNING APPLICATIONS . 32. ADp1ication 24-TK-79 of HHH, Inc.: Tentative Hap to subdivide approximately one acre into four pa=ce1s equaling approximately 10,000 sq. ft. each and Environmental Review: The Planning Commis- sion recommends the grantJ.ng of a Negative DeclaratIon. Said prop- erty is located on the south side of Crescent Road approximately ISO ft. easterly of Hillcrest Road in a Pre R1-l0 (Residential, single-family, 10,000 s~. ft. minimum lot size) zoning district. Recommended for approval. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to grant a Negative Declaration for Application 24-TK-79. John Schenk of HHH questioned Council regarding Condition No. 18 It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application 24-TH-79 with Condition No. 18 amende¿ to read as follows: ._,~ ,-- CC-481 Page 3 Public hearing closed 2o-Z-79 and 24-U-79 refer- red back to Planning Comm. Item out of order New Life Church tempor- ary facilities Negative Dec. granted for 24-TK-79 24-TM-79 app rov"d as amended 18. The final map shal] illustrate the location of the private driveway New condition and emergency fire turn-around easement serving the sllbject proDerty Additionally, the applicant/owner shall provide reciprocal ingress/ egress easements, common driveway maintenance agreements and emer- gency fire turn-around eas~ents by a~d between each individual parcel which is served by the private driveway. Said covenants and agreement shall be approved by the City, placed in escrow, and recorded simultaneously with any transfer of ow~ership at no IÞ cost to the City. CC-481 Page 4 · · l8-TH-79 ceferred to Plani'ing Comm. Reason for denial by Planning Comm. 13-U-79 approved · HINUTES OF THE DECEMBER 4, 1979 CITY COUN'::IL MEETING 33. Application 18-TM-79 of Michael G. Pisano: Tentative Hap to re- subdivide four existing lots of record consisting of approximately one acre into four parcels equaling approximately 10,000+ sq. ft. each and Environment31 Review: The Planning Comaiaaion reco.mends th~ granting of a Negative Declaration. Said property is located on the west side of San Felipe Road at the westerly terminus of Alcal,¡e Road in an R1-10 (Residential, single-family, 10,000 sq. ft. minimua lot size) zoning district. Recoaaended for denial. Mr. Joe Catalano, Stelling Road, representing Mrs. Gilbrecht, spoke against the application. Mr. Allen No1lan, adjacent property owner. expressed need for the road for access to his property. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to refer the application back to the Planning Commission. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to rescind that motion. Michael Pisano, applicant, requested that this application not be referred back to Planning Commission. Karv Kirkeby, a civil engineer employed by Mr. Pisano, expressed his belief that the proper~y lines presented to Council are proper. It was moved by Counc. Jackson, seconded õy Counc. O'Keefe and passed unanimously to refer the application to Planning Commission for considera- tion at their December 10, 1979 meeting. It will be returned to Council at their meeting of December 17, 1979. Council asked the Acting City Attorney why the Planning Commission had denied this application. Mr. Kilian informed Council it was because of the access problems for public ingress and egress. 34. Application lJ-U-79 of Stevens Creek Office Center: Amendment of Previously Approved Use Permit to construct a single-office building equaling approximately 3,500 sq. ft. in lieu of two buildings equaling approximately 8,800 sq. ft. and add approximately 2,000 sq. ft. to the planned building on Stevens Creek Boulevard. Environ- mental Review: The project was previously assessed hence no action is required. The subject property is located on the north side of Stevens Creek Boulevard approximately 500 ft. westerly of Saich Way in a P (Planned Development with General Commercial intent) zoning district. Recommended for approval. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to approve Application l3-U-79 per Planning Commission Resolution No. 2016. .. ~7.""Y ...~, .~.; . .- .~,."'" Y~.·;r;r'~~·'·...'e':"'to:r'~""'.~·.ry.,'-~~'':''"~'"T·~'''~'' ",~..;-.."..,.,~,- "",.::..".. .'.,--r,. ." þ MINUTES OF TBE DECEMBER 4, 1979 CITY COUNCIL MEETING ARCHITECTURAL AND SITE APPROVAL COMMITTEE APP1.ICATIONS 35. None ITEMS REMOVED PROM CONSENT CALENDAR 13. Resolution No. 5163: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 5 for Traffic Signa Controller Installations Project 79-2." It was moved by Counc. O'Keefe, seconded by Counc. l(ogers and passed unanimously to adopt Resolution No. 5163. Director of Public WorlUJ Viskovich informed Council that Hem No. 17 should have included Unit 1 as vell as Unit 2. By consensus, Council approved that acceptance of municipal improvements pettaining to Cuper- tino Gardens Unit 2, Tract 6059, should be Units 1 and 2. UNFINISHED BUSINESS 37. None NEW BUSINESS t 40. Petition requesting Vehicle Code enforcement for Brookdale Estates, Tr ac t No. 5821. (a) Resolution No. 5161: "A Resolution of the City Council of the City of Cupertino Declaring its Intent to Make Applicable the Provisions of the California Vehicle Code to Private Roads Within Brookdale Estates Subdivision, Tract No. 5821 Located Westerly of and Adjoining Pinch Avenue; Fixing Time and Place for Public Uearing and Providing for Notice Thereof." CC-481 Page 5 Res. No. 5163 adopted Cupertino Gardens iIIp rovemen t s It was moved by Counc. Meyers, seconded by Counc. Sparks and passcd un an- Res. No. 5161 imously to adopt Resolution No. 5161. adopted 38. Purchase of SLr~et right-of-way at the corner of Cordova Road and Santa Lucia Road. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan Purchase of imously to authorize staff to offer the appraised value for purchase of street right- street right-of-way st the corner of C. _'dova Road and Santa Lucia Road of-way. Car- as submitted in the appraiser's report dated November 1. 1979, and appro- dova and Santa priate $3,800 from the Gcnera1 Fund. Lucia 39. Evaluation of policy and procedure regarding street improvements. . It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to accept the evaluations of policy and procedure on bo~ding for street improvements with the addition of a form for assign- ment of passbooks. Street improve· ment pol icy CC-481 Page !? . Continued Rose Blossom Traffic Reading of Ord. No. 968 Ord. No. 968 enled Second read- ing of Ord. 953 Ord. No. 953 enacted Second read- ing of Ord. }/o. 960 Ord. No. 960 enacted . -"~j.';'?~' MINUTES OF THE DECEMBER 4. 1979 CITY COUNCIL MJŒnNG 42. Authorization to .:ire consulta:tt for ston drain desIgn - Mont. Vista. It was moved by Counc. Sparks, seconded by Couoc. O'Keefe and paased unanimously to continue this item to the meetina of Dece.ber 17, 1979. WRITTEN COKKUNICATIONS 43. Co~respondence from George H. Campbell reIatin. to traffic probl... on Rose Blossom Drive. By consensus, the letter from George Campbell relating to traffic probl... on Rose Blossom Drive was referred to Public Works for study. ORDINANCES 44. Urgency Ordinance No. 968: "An Ordinance of the City of Cuper- tino Amending Chapter 8.08 of Title 8, Cupertino Hunicip41 Code, Relating to Fees for Impoundment of Ani..ls; Declaring the Urgency Thereof. " It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 968 by title only. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to enact Ordinance No. 968. 45. Second reading of Ordinance No. 953: "An Ordinance of the City of Cupertino Adding a New Chapter 10.25 to the Cupertino Municipal Code, Regulating the InstallatIon, Operation and Misuse of Police Alarm Systems and Devices, and Imposing a Service Charge for the Misuse Thereof." It ,,:IS moved by Counc. Jackson, seconded by Counc. Rogers and passed un~1imously to read Ordinance No. 953 by title only and the Mayor's reading to constitute the second reading. It was moved by Counc. Jackaon, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 953. 46. Second reading of Ordinance No. 960: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 b~· Rezoning Approximately 3.75 Gross Acres from RI-B6 to P; Located on the West Side of Gardensidc Lane and Poppy Way Approximately 100 Ft. Northe,-ly of Rainbow Drive." It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to read OrdInance No. 960 by title only and the Mayor's reading to constitute the second reading. I t was moved by Counc. Rogers. seconded by Counc. Sparks and passed unanimously to enact Ordinance No. 960. .0: . . MINUTES OF THE DECEMBER 4, 1979 CIT'! COUNCIL MEETING ~ 47. Second reading C'f Ordinance No. 963: "An Ordinance of th.. City of Cupertino Aaending Section 1 of Ordinance No. 2 by Prezoning Ap- proximately .6 of a Gross Acre from Santa Clara County C-M to City of Cupertino Pre P; Located on the Northeast Corner of Stevena Creek Boulevard and Mann Drive." It was moved by Counc. Jacoon, seconded by Counc. Sparo and passed imously to read Ordinance No. 963 by title only and the Mayor's reading to constitute the serond resding. CC-481 Page 7 See oed reading of Ord. 963 It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan Ord. No. 963 imous1y to enact Ordinance No. 963. - enacted 48. Second reading of Ordinance No. 965: "An OrdiiSance of the City Council of the City of Cupertino Amending Chapter 8.04 of the Cupertino Municipal Code Relating to the Kee~in~ of Animals." It was moved by Counc. Jackson, second~d by Counc. Rogers and passed unan imously to read Ordinance No. 965 òy title only and the HByor's reading to constitute the second reading. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to enact Ordinance No. 965. RESOLUTIONS 49. Resolution No. 5162: "A Resolution of the City Council of the City of Cupertir~ Determining Charges and Regulations for Candidates Re- questing State~ent of Candidates or Other Mailings in Connection with the Gene,ral Municipal Election of April 8, 1980." It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to adopt Resolution No. 5162. Director of Planning and Development Sisk informed Council that a con- dition of approval for a tentative map presented to the Board of Super- visors by Kaiser is that the property be annexed to the Fire District. LAFCO has stated therefore that the property should aldo annex to the City of Cupertino. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously that staff notify LAFCO that they are amenable to annexing a portion of the Kaiser property to the City unless it is significantly negative in financial aspects. Second reading of Ord. 965 Ord. No. 965 enacted Res. No. 5162 adopted Annexation of Kaiser proper- ty Ann Angel addressed Council regarding petitions pertaining to Highway 85. Higl~ay 8S By consensus, Council approved that petitions pertaining to Highway 85 petitions will be available to the public at C~ty Hall. Hayor Meyers adjourned the IDeeting at 11:55 p.m. ~ æ~<:.o City lerk ?