CC 06-16-80
,
CITY OF CUPERTIXO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
HINUTES OF THE RZGULAR MEETING OF THE CITY COUNCJT,
HELD ON .JU5E 16, 1980 IN THE CONFERENCE ROOM, CITY HALL
CUPERTINO, CALIFORNIA
.
ROLL CALL
Counc. Present: Gatl_, Plungy, Rogers, Sparks
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Finance Snyder (left at 10:30 p.m.)
City Attorn~y Kilian (7:05 p.m.)
STAPF REPORTS
2. County referrals (2) - Sunnyvale Rod S. Gun Club; Montebello Road:
Hagey.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to approve the Hayor's signing o~ the amended letter r~garding
the advisory recoaDendation for the !==nyvale Rod , Gun Club.
.
City Hanager's Report
Council requested that :he possibility of introducing legislation to
allow second readings of ordinances to be placed on the Consent Calen-
dar if there are no obje~tions by Councilmembers or citizens he inves-
tigated.
Council requested a listing of the various League ~f Cal!fornia ~ities
committees.
The Legislative Review Commttee will review comprehensive legislation
proposals for government efficiencies and economies at their next
meeting.
~ity Clerk's Report - 7be resignation of Nancy Sallan from the Archi~ec-
tural and Site Approval Committee was accepted and applications for
that position will be accepted until July 11.
2. It was moved by Coune. Gatto, seconded by Counc. Sparks and pl'ssed
unanimously to authorize the Hayor to sign the draft letter regarding
the County referral Application 1056-12-63-B05-80Z, Hagey.
It
3. Midpeninsula Open Space District - Pre posed acquisit~Jn of 115
acres - Garrod property.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan-
imously to not rpposc the proposed acquisition by the Hidpeninsula Reg-
ional Open Space District and found it to be in conformance with the
General Plan. The Mayor was a.·t:.orized to sign a letter so stati"g.
4. Staff report l~garding adjustment in unit quantities f~r Monts
Viata Overlay ~roject.
5. Staff report regRrding adjust~~t in unit quantities for Wheel
Chair Ramp Construction Project.
c:fJIDJ5 '
Page I
Letter to Rod
, Gun Club
Possible legis-
lation re
second read-
ings
Government
effic¿etlcy
legislation
Resignation of
Nancy SaUan
County referral
CC-50:'
Pa2
S reports
accepted
Crosswalk to
be painted
Legislative
Review eo....
Advisory body
r£conunendat ions
.
B. RogerF'
elected Mayor
RjS ar"o
e ed Mayor
Prt: - empore
MINUTES OF THE .JURE Ie>, 1980 CITY COUNCIL ~u!'IG
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imoualy to accept the staff reporcs.
Council requested that the crosswalk at the Senior Citizen Center be
repainted.
(City Clerk's note: City Attorney Kilian arrived at 7:05 p...)
Council unani_ly approved the Legislative Review em.ittee re~da-
tions as follow:
S\I1>POrt
Oppose
SB 624 with amendments
SB 1723
SB 937
SB 1352
AS 3080 rith _ndments
SB 467
SB 1960
SB 1892
AS 2674
The City Clerk rill include a sUDlll8ry discussion in minutea when Council
does not follow advisory body reco......ndations. If the matter is referred
back to the advisory body, a transcript of the discussion w{ll be prepared
for the appropriate department.
At 7:25 p.m., the meeting was adjourned.
At 7:35 p.m., the mee:ing reconvened in Council Chamber.
SAL''TE TO THE FLAG
ROLL CALL
Counc. Present: Gatto, Plungy, Rogers, Sparks
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Direc"r of Finance Snyder
City , ttorney Kilian
ELECTION OF MAYOR AND MAYJR PRO-TEMPORE
Counc. Barbara Rogers was nominated to the position of May"'"' It was
moved by Counc. Gatto, seconded by Counc. Sparks and passed unanimously
to close the nominations. It was moved by Counc. Spark~, seconded by
Counc. Gatto and passed with Counc. Rogers abstaining to elect Counc.
Rogers as Mayor.
Counc. Reed Sparks was nominated to the office of Mayor Pro-Tempore. It
was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to close the nominations. It was ~ved by Counc. Plungy, seconded
by Counc. Gatto and paQsed unanimously to elect Counc. Sparks as Mayor
Pro-Tempore.
·
·
·
"7-'";":,·""" ,':'i '".~:
MINUTES OF THE JtiNE 16, 1980 CITY COONCIL MEETING
CONSENT CALENDAR
Counc. Plungy removed itas 16 and 19 from the Consent Calendar. It
was IIIOved by Counc. Gatto, aeconded by Counc:. Plungy and )assed uaaD-
imously to approve the balance of the Consent Calendal".
11. Resolution Ro. 5313: "A Resolution of the City Counc:il of the
City of Cupertino Allowing Certain Clai_ and D,'l8Dda Payable in
the Amount and frcoa the Funds as Hereinafter Desc: :ibed for General
and Hisc:e1181'eous EX!'enelitures for the Period Ending Hay 27, 1980."
12. Reaolut1.Øil No. 5314: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amount and from the Funds as HeretlU'fter Described for Gener:.l and
Miscellaneous Expenditures for the Period Ending June 3, 1980."
13. Resolution No. 5315: "A Resolution of the City Council of the City
of Cupertino Allos;lng Certain Claill8 and Demand3 Payable in the
Amounts and from the Funds as Hereinafter D-.scribed for Salaries an
Wages for the Payroll Period Ending June 3, 1980."
14. Resolution No. 5316: "A Res~lution of the City Council of the City
of Cupertin<> Extending the Existing Traffic Signal Contract and
Approving Inc:.:eases in Certain Rates."
15. Resoluti<m No. 5321: "A Resolution of the City Council of the City
of Cupertino Authorizing Exé:c:utiC:l of Conperative Agreement be-
tween the City of Cupertino and the County of Santa Clara for the
Improvement of Foothill Boulevard between Stevens Creek Boulevard
and Cupertino Road."
16. Removed
17. Application HC-51,520.1 - Wahib Costadi requesting approval of site
architecture, landscaping and lighting for a 7,000 sq. ft. retail
building to be situated in the Homestead Center located at the
southeast quadrant of Stelling Road and Homestead Road. Recom-
mended for approval.
18. Minutes of adjo"rned regular City Council meeting of May 27, 1980.
(CC-501)
19. Remove~
20. Minutes of regular City Council meeting of June 2, 1980. (CC-503)
21. Minutes of special City Council meeting of June 11, 1980. (CC-504)
',rote
Members of the City Council
AYES:
NOES:
ABSENT.
ABSTAIN:
Gatto, Plungy, Sparks, Mayor Roger9
None
None
None
~:
'age 3
leas removed
frCIII calendar
CC-50S
P.4,
.
Continued to
September 15
Item taken out
of order
Energy conser-
vation
.
MI~ OF TIlE JUNE ]6, 1980 CITY COUNCIL MEE'l!1IG
PUBLIC HEARINGS
24. Application 4-Z-80 of Richard Childress: Prezonins approximately
.10 of a gross acre from Santa Clara County Rl-8 (Residential,
Single-family, 8,000 sq. ft. minimum lot size) zone to City of
Cupertino Rl-7.5 (Residential, Single-family, 7,500 sq. ft. minima
lot size) zone and Environmental Review: The Planning Coumissioø
recommends the granting of a Negative Declaration. Said property
is loc.ted on the south side of Lomita Avenue approximately 150
ft. westerly of Orange Avenue. ReoC1llllended for approval. (Continued
from May 19, 1980.)
(a) First reading of Ordinance No. lOll: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Pr-.zoning
Approximately .10 of a Gross Acre from Santa Clara County Rl-8
Zone to City of Cupertino Rl-7.5 Zone; Located on the South
Side of Looita Aver.ue Approximately 150 Ft. Westerly of Orange
Avenue."
25. Application 6-7.-80 pf Richar¿ Childress: Prezoning approximately
.5 of a gross acre from Santa Clara County RI-8 (Residentiel, ~ingle-
family, 8,000 sq. ft. minimum lot size) zone to City of Cupertino
RI-7.5 (Residential, Single-family, 7,500 sq. ft. minimum lot size)
zone and Environmental Review: The Planning CODlDission recommends
che granting of a Negative Declaration. Said property is located
on the north side of Lomita Avenue approximately 100 ft. westerly
of Orange Avenue. Recommended for approval. (Continued from May
19, 1980.)
(a) First reading of Ordinance No. 1012: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Prezoning Approximately .5 of a Gross Acre from Santa Clara
County RI-8 Zone to City of Cupertino Rl-7.5 Zone; Located
on the North Side of Lomica Avenue Approximately 100 Ft.
Westerly of Orange Avenue."
It was moved by Counc. Gatto, seconded by Counc. Sp&rks and passed unan-
imously to c~ntinue these items to the meeting of September 15, 1980.
It was moved by Counc. Gatco, seconded by Counc. Plungy and passed unan-
imously to take Item 40 out of order and to discuss it after Agenda Item
22.
ORAL COMMUNICATIONS
22. Mr. Joha Sorenson of Creative Initiatives aodressed Council in
regards to gasol1oe conservatio~. He submitted brochures to Council
members regarding energy conservation and stated that these brochures will
be distributed to the public this R~~r.
NEW BUSINESS
40. Process of filling vacancy on City Co~ncil.
·
MINUTES OF TIlE JUNE ló, 1980 CITY COUNCIL MEETING
It was moved by Counc. Sparb, seconded by Counc. Gatto and pasaed
unanimously to call a special election to be held in November with the
General Election. An ordinance establishing a procedure for filling City
Council ~acancies will be agendized for the Council meeting of July 7.
PUBLIC HEARINGS (continued)
23. 1980-81 Operating and Construction Budget.
(a) P\'oposed use of Revenues Sharing Funds.
(b) Resolution No. 5322: "A Resolution of the City Council of t":a
City of Cupertino Adopting an Operating and Construction Bud-
get for Fiscal Year 1980-1981 by Ratifying Estimates of
Revenues to be Received in Each Fund and Appropriating Monies
Therefrom for Specifip.d Program Activities and Accounts and
Setting Forth Conditions of Administering Said Budget."
It was moved by Coun~. Sparks. seconded by Counc. Plungy and passed unan-
imously to approve $100,000 of Revenue Sharing Funds to ~use~ for)~nta
Vista Park capital improvements.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5322.
· 26. Application 24-Z-79 of Woolworth Construction Company: Rezoning
approximately 5.3 gross acres from Rl-IO (Residential, Single-
family, 10,000 sq. ft. minimum lot size) to P (Planned Development
with Residential, Single-faimily intent) zone and Environment Review
The Planning Commission recommends the granting of a Negative Dec-
laration. Said property is located on the north side of Stevens
Creek Boulevard approximately 100 ft. easterly of Phar Lap Drive.
Recommended for approval. (This application to be heard in conjunc-
tion with Applications 27-TK-79 and ll-U-80. Continued from May
19. 1980.)
(a) First reading of Ordinance No. 1014: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately 5.3 Gross Acres from RI-IO Zone to P
Zone; Located on the North Side of Stevens Creek Boulevard Ap-
proximately 100 Ft. Easterly of Phar Lap Drive."
PLANNING APPLICATIONS
·
31. Applications 27-TM-79 and ll-U-80 of Woolworth Construction Company:
Tentative Map to subdivide approxiamtely 5.3 gross acres into 18
par~els equaling a minimum of 7.500 sq. ft. each; Environmental
Review: The Planning Commission recommends the granting of a Nega-
tive Declaration; Use Permit to construct 18 single-family detached
dwelling units within a P (Planned Development) zone and Environ-
mental Review: The project was previously assessed, hence no
action is required. Said property is located on the north si¿e of
Stevens Creek Boulevard approximately 100 ft. easterly of Phar Lap
Drive. Recommended for approval. (These applications to be heard
in conjunction with Application 24-Z-79. Continued from May 19,
1980. )
.~,t
Pase :.
pedal elec-
ton in Novem-
er
Revenue Shar-
ing funds for
Manta Vista
Park
Res. No. 5322
adopted
CC-505
.6
,.,",-
^ ::"~f::S~;:7Çt::," <
MINUTES OF THE .JUNE 16, 1980 CITY COUIICIL MEETING
Wayne Levenfeldt, 10121 Pharlap Drive, stated opposition to moving the
tank house across Stevens Creek Boulevard to the Terry Brown development.
Mike Tauber, 21959 Oakdell Place, expressed approval of previoua Council
recommendations.
Ann Robertson, President, Bomeowaers Association, 21979 Oakdell Place,
requested that C:>uncil not move the tank house acrosa the street and' stated
that the tank house would afford a lick between the past and the present.
R. D. Koenitzer, 11060 Pharlap Drive, showed slides of the location pro-
posed by Terry Brown for the tank house and spoke in support of this
location.
Linda Sharman, Cupertino Historical Society, stated tha~ the Society's
::trst choice would be to leave the tank house where it is. A& that will
not be possible. the Brown property would be the next choice and for a
third choice she suggested the San Antonio School property.
Al Woolworth, developer, stated that he would move the tank hOdse to
the Brown property if that was what Council decided.
Public hearing It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan-
closed imoURly to close the public hearing.
"g of tank
house approved
Negative Dec.
for 24-Z-79
24-Z-79
approved as
amende<J.
Ord. No. 1014
given first
reading
~egative Dec.
for 27-TM-79
27-TM-79
approved as
amended
.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto dissenting to approve the moving the the tank house from
Oakdell Ranch to the property owned by Terry Brown on the southerly side
of Scevens Creek Bouleva~d adjacent to Blackberry Farm.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passe': unan-
imously to grant a Negative Declaration for Application 24-Z-79.
¡t was moved by Counc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto dissenting to approve Application 24-7.-79 per Planning Com-
mission Resolution No. 2057 with the elimination of Condition No. 18.
It was moved by Counc. Sparks seconded by Counc. Plungy and passed
unanimousl.y to read Ordinance No. 1014 by title only and the City Clerk' s
reading to constitute the first reading.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to grant a Negative Declaration for Application 27-TM-79.
It was moved by Counc. Sparks, seconded by Coune. Plungy and passed wich
Counc. Gatto dissenting to approve Application 27-TM-79 per Pla~ninþ
Comm~ssion Resolution No. 2071 with Condition No. 16, first sencence,
amended to read, "The applicant shall grade and fully iml'ro"e St.'vens
Creek Boulevard to conform with the adopted Plan Line." Condition No.
lB was added as follows: "The developer shall contribute to...ard the
installation of a traffic signal light on Stevens Creek Bo~'evard and
har Lap Drive based on the ratio of new homes to the total r_umb~r of
ames benefited. II
·
·
·
'I''::';~ ..
MINUTES OF THE JUNE 16, 1980 CITY COUNCIL MEETING
. . f~-Ø"~
. pase 7
1-0-80
pproved as
ed
It was moved by Counc. Sparks, seconded by Counc. P1ungy and paaaed with
Counc. Gatto dissenting to approve Application ll-U-SO per Planning COlI-
mission Resolution No. 2072 with Condition No. 17 amended to read, "The
tank house structure ahown on Lot 13 of Exhibit A shall be moved to
property owned by Byrne Avenue Properties (Terry Brown), Tract 6574, Lo:
No.6, at a specified location accessible to the City of Cupertino and
Byrne Avenue Properties. Said structure shall be plac:ecl on an engineer
foundation, shall be provided electric and' water service, and all fix-
tures shall be booked up to said utilittes. The completed struccure
sll811 comply in all respects to the Buildtna Code. The site immediate-
ly surrounding the structure shall be clear,ed and graded after construc-
tion work is completed. Necessary exterior repairs and painting shall
be performed to make the structure weather tight. All of the above shal
be at no cost to Byrne Avenue Properties. All costs tor work indicated
above shall be borne by Woolworth Construction Co. The City of Cuper-
tiono shall enter into an agreement with Byrne Avenue Properties (Terry
Brown) to ensure that the tank house shall be maintained in its histor-
ically significant form."
PUBLIC HEARINGS (continued)
27. Condition No. 17 of Application 8-TH-76 (Revised) of L & L Proper-
ties, Inc.: Tentative Map to amend conditions of approval relating
to easements, ell'" Jïf") access, grading, house type, size and locatio
for a previously approved 21 lot subdivision. Said property,
commonly known as the "Rainbows End Subdivision", iSr::JI~¡~
cated southerly of and at the westerly terminus of Rainbow Drive
approxi\ll8tely 400 ft. westerly of Bubb Road. RecOllllllended for
approval.
Bill Henry, project engineer, addressed Council regarding the condition.
Mrs. Van Buren. owner of Lot 18, requested that Council give lot owners
some flexibility.
Larry Willard, 19373 Greenwood Driv~, owner of Lot 21, informed Council
that the proposed building site created a problem because of the steep
grade of the area.
Richard Zamer, owner of Lot No.6, stated that a 20 foot fle~ibility
would not help in his case because of the water tank located above his
buildi;¡g site.
It was moved by Counc. Sparks, seconded by ~ounc. Plungy and passed una
imously to close the public hearing.
ublic hearing
closed
It was moved by Counc. Gatto~ seconded by GouDe. Sparks and passed unan-
imou.ly to approve Application 8-TH-76 (Revised) with Condition No. 17
modified to read, "Residential dwellings and accessory buildings shall
be located within the building envelopes defined in Exhibit B 3rd
Revision. Fence locations shall be determined by Section 8.7 of the Hil
side Residential Slope Density Zoning Ordinance. If a conflict exists
betwe~n the building envelope and setbacks established bv the Hillside
Reoidential Zøne. said zoning regulations shall prevail_~ All structures
shall be locat~d in a manner not to infringe on any known geologically
hazardous soil conditions".
8-TM-76(Rev. )
app roved as
mended
CC-505
lie ,8
Public hearing
closed
Res. No. 5299
adopted
.
Public hearing
closed
First reading
of Ord. 1022
as amended
.
MINUTES OF THE .JUNE 16, 1980 CITY COUNCIL MEETING
28. Eminent domain hearings regarding acquiaitiou of property for purpose
of constructing a public roacbray.
(a) Resolution No. 5299: "AI Resolution of tha City Connc:1.1 of tobe
City of Cupertino, County of Santa Clanrr Cal1fora1ar Deter-
mining that Public Interest and lIec.salty Raqu1rè the Acquisi-
tion of Easement and Direct1. the 'U1øg of binent Domain
Proceedings."
It was moved by Coone. Sparks, seconded by Counc. Plungy and passed unan-
imously to close the public bearing.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan-
imously to adopt ~solution No. 5299.
29. City of Cupertino: Public hearing to cODSider a Cœiprehensive Noise
Ordinance relative to the control of noise within the City, and
Enviromuntal Review: This project is categorically exupt; hence,
no action is required. RecOllllended for approval.
(a)
First reading of Ordinance No. 1022:
of Cupertino Adding Chapter 10.48 to
Code to be Entitled 'Community Noise
"An Ordinance of the City
the Cupertino Municipal
Control' ."
Stan Shelly, consultant, answered queationø of Council end gave a brief
overview regarding the purpose of the ordinance.
Alf Medine requested clarification as to the proposed ordinance's effect
on the number of City staff.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to close the public hearing.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 1022 by title only and the City Clerk's
reading to constitute the first reading, with the amendment that on pages
5 and 6 of th" ordinance the term "variance" will be changed to "exceptions"
and on page 10, reference to existing chapter~ in parentheses will be
deleted.
30. Application I-GPA-80 of City of Cupertino: Public hearing to con-
sider the amendment to City of Cupertino General Plan concerning
land changes for Area E containing approximately 5.3 gross acres
from Residential 20-35 dwelling units per acre to Residential 10-15
dwelling units per acre and Environmental Review: The Planning
Commission recommends the granting of a Negative Declaration. Said
property is located at thes?utbwest corner of Portal Avenue and
Stevens Creek Boulevard. Recommended for approval.
(a) Resolution No. 5325: "A Resolution of the City Council of the
City of Cupertino Amending the Land Use Eleme~t of the Com~re-
hensive General Plan."
,-
.
.
MINUTES OF TIlE JURE 16, 1980 CITY COUNCIL MEI!TDIG
Pea. 9
John Carlson, 10203 P"rtal Avenue, stated that the area being discussed
should be c__...rcial as it is undesirable for ...esidential.
Maurice O'Shea, Clay Street, felt that thia area should be conaidered
with the area across the street. Be felt that the proposed density
was inappropriate and suggested use of the site for either offices 0':
a senior citizen residence.
Stan Scnbo\:ough, 10571 Whitney Way, stated that Council created the
housiug probld with c_rcial and industrial approval. He rec~ended
that the front of this area be used for cœmlercial such as savings and
loans and offices and the back portion De used for profeaøional offices
or a retirement inn.
RECESS: 10:32-10:42 p.m.
(City Clerk's note: Director of Finance Snyder left the meeting.)
Alf Modine requested that Council make sOllIe kind of decision os the
developer bad been to Planning ec-ission and Council several times.
J....es Joy stated that he had subaitted to Council in the past various
petitions showing that the people are against high density in Cupertino.
Public hearing
closed
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to close the public hearing.
It was moved by Counc. Gatto, seconded by Counc. Sparks an.! passed unan- Continued to
ÍIIIOusly to continue this item to the meeting of July 7, 1980. July 7 meeting
PLANNING APPLICATIOBS (continued)
32. Applica::ion 23-'IM-78 (Revised) of BAS Homes, Inc.: Tentative Map
to amend the exIíIAtta and conditions of approval which limit buildin
height to one-story in the previously approved BAS Homes residen-
tial development (Tract 6551) for lots which back up to t~e ex-
isting Westridge Village condominium development and En?ironmental
Review: The project is categorically exempt, hence no action is
required. Said property is located on the west side of Foothill
Boulevard approximately 200 ft. northerly of Silver Oak Yay. Reco
mended for approval.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan 21-TM-78 (Rev.)
imously to approve Application 23-TM-78 (Revised) according to Planning approved
Commission Resolution No. 2090.
33. Application 2-V-80 of kichard and Mary Sherman: Variance from
Sections 8.3 (side yard setback) and 8.4 (rear yard setback) of
Ordinance 991 (Ordinance regulating single-fami~y residential zones
to permit a 9 ft. side yard setback in lieu of 10 ft. and 16 ft.
rear yard setback in lieu of 25 ft.. as required by the above ord-
inance, for a two-story buildin3 and Environmental Review: ihe
project is categorically exempt; hence no action is required. The
subject property is located at 10595 Orange Tree Lane which is on
the west side of Orange Tree Lane approximately ~OO ft. northerly
(six lots north) of Merritt Drive. Recommended for denial.
_~o
Variance grant-
ed
Res. No. 5326
adopted
.
Item withdrawn
Negative Dec..
granted
6-TM-80 ap-
proved
-
.~~.:<;~'));.
'-;..-,
KIlfIITES OF TIlE .JUNE 16, 1980 CITY COUNCIL MEETING
(a) Resolution No. 5326: "A £esolution of the City ColMcU of
the City of Cupertino Granting a "Jariance to Richard and
Mary Sherman frnm Sectiona 8.3 (Side Yard Setback) and 8.4,
(p-ar Yard Setback) of Ordinance 991 to Para!t a 9 Ft. Side
Yard Setback in Lieu of 10 Pt. and 16 Ft. Rear Yard Set-
back in Lieu of 2S Ft. aø~~r- by the Above Ordinancp. for
a Tvo-Story Building; Located at 10~,95 OrBDle Tree Lane."
Mary Sherman, 10595 Orange Tree Lane. addressed Council regardin¡ the r_
sons she felt would allow for granting of a variance.
It was moved by Counc. Sparks. seconded t.y Counc. Gatto and passed una_
imously to grant a variance because of extreme circ\Bstances in that the
lot configuration creates a desig;. probleJlõ. The house is situated so that
1/3 of the land cannot be used. Also, neigh~"rs have expressed approval of
the granting of a variance.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
t.ously to adopt Resolution No. 5326.
34. Application 16-U-76 (Revised) of Terranomics Development Corporation:
Use Permit to amend the conditions of approval to allow limited access
to the rear of the existing Orchard Valley Harket Place Shopping
Center and Environmental Review: The Planning CoGaission recOllllllends
the granting of a Negative Declaration. The subject property is "
located on the southeast: corner of Stevens Creek Boulevard and
Portal Avenue i4 a P (Planned Development with caaaercial use intent)
zoning district. Recomaend.d for denial.
At the request of the applicant, t:lis item was withdrawn frOlll the agenda.
35. Application 6-TM-80 of Maxine Dnmmond: Tentative Map to subdivide
approximately one acre into four parLels equaling approximately 10,000
sq. ft. each and Environmental Review: The Planning COIIIIIIissioll recom-
mends the granting of a Negative Declaration. Said prope~ty is
locate¿ on the northwest corner of Stevens Creek Boulevard and
Carmen Road in an RI-IO (Residential, Single-family, 10,000 sq. ft.
minimum lot size) district. Recommended for approval.
It WA~ moved by Counc. Sparks, seconded by Ccune. Gatto and passed unan-
llnosuly to grant a Negativ~ Declaration for Application 6-TH-80.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to approve Application 6-TH-80 per Planning Commission Resolution
No. 20~9.
ARCHITECTURA~ AND SITE APPROVAL COMMITTEE APPLICATIONS
36. None
ITEMS REMOVED FROM CONSE~l CALENDAR
16. Request from American Council of Athletes for waiver of business
license fees for June 15, 1980 - June 15, 1981.
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MINUTES OF THE JURE 16, 1980 CITY COUMCIL MEETtNG
19. Minutes of adjourned regular City Council meeting of May 28, 1980.
(CC-502)
It was moved by Counc. Plungy, seconded by Counc. S¡:arks and passed
unan1llous1y to approve items 16 and 19 with the minutes amended as
follOWP :
Page 2, paraaraph 6, to read, "It was moved by Counc. Sparks, seconded
by Counc. .osara and p~ssed with Counc. O'Keefe disaenting and Counc.
Gatto absent to adjust Account No. 605.10, Legislative and Legal Service
City Council, to allow $1,940 for the Mayor and $1,500 for each other
Councilseaber. The Director of Finance will verify the allocation of
funda for dental inf'urance f"r Councilmembers for the 1980-81 fiscal
year."
UNFINISHEr. BUSINESS
38. Second reading of Ordinance No. 998: "An Ordinance of the City
of CuperUno Amendhg Section I of Ordinance No. 2 by Rezoning
Approzilllataly 5.3 Gross Acres frail CG to P; Located at the South-
west Corner or Portal ~venue and Stevens Creek Boulevard."
'-',,;: .,,; ,~¡.
'L;""
1 LIb
rap 11
It_ removed
fl"Oll Coent
Calallllar ap-
proved with
minutea _ended
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- Continued
imou31y to continue this item to the Council meeting of July 7. 1980. to July 7
39. Review of names submitted for Citizens Goals Committee.
By consensus, Council approved that the May"r will submit seven names
for the Citi~ens Goals Committ~e and the other Councilmembers submit six
all names to be submitted to the City Clerk's office by June 23, 1980.
This matter will be agendized for the regular meeting of July 7, 1980
at which time duties of the committee will be delineated and a meeting
date set.
NEW BUSINESS
41. Cla~~ filed by Julie Hendrickx for automobilp. damages resulting
from alleged accident in Memorial Park parking lot.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed una
imously to authorize payment of the claim of Julie hendrickx per the
City Attorney's recommendation. The sum shall be paid on condition that
the claimant and her parents execute a general release try the City pri~r
to payment.
At 11:14 p.m., the meeting was adjourned to 7:30 p.m., June 17, 1980.
v::¥ 4. .({~~
City Clerk
Citizens Goals
Ca.a:ittee
lllelllberehip
Hendrickx
claim approved