CC 09-19-83
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CITY OF CUPERTINO, STATZ OF CALIrORlIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
MISUTIS or THI RlGULAR HEITIHG or THE CITY COUNCIL
HBLD OM SBP'J'DlBI. 19, 1983 IN 1'8& COUIICIL CHAMBIR,
CI1'Y HALL, CUPERTINO, CALIrOIUlIA
Mayor Plungy called the meeting to order at 6:50 p.m. in
tt., Council Ch."!IIIber, Ci ty Hall.
flALUTB TO THE nAG
ROLL CALL
Count:. ..resent:
Gaeto, JOhnson, Rogers, Sparks, Mayor Plu~gy
Staff Present:
City Hanager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Pinanee Snyder
Director of Parks and Reerection Dowling
Assistant to tbe City Hanager Brown (left at
7:30 p...)
City Attorney Kilian
STAFF REPORTS
1. Oral reports by staff members and subussion of written
reports.
City Hanager's Report
Par;c Acquisition of School properties - It was moved by
Counc. Rogers, seconded by Counc. Gatto and pasøcf
unanimously direct staff to review the September 13 letter
from Deryl Cram, employ a firm to appraise the property in
question and solicit information for long-term financing.
Report and Req'Jest for Heari!Jg Dates on the Wests ide
Traffic Task Force Findings - By consensus, Council set
October ll, 7:30 p.m., Council Chamber, as the time and
place for a pUblic hearing.
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Page 1
Acquisition
..of schools
Traffic task
force
Committee for New Post Office Facility.. By consensus, New post
Council authorized the conaittee to consist of the office
following members: Mr. A1 Carter, Mr. W~ndo1 Martin, a
me~ber selected by the Cupertino Chamber of Commerce, one
Counci1member, and the City Manager or a person designated
by the Ci ty Maaagp.r. CO\1nc. Sparks was appoi nted as the
Cour.cil representative.
CC-621
Page 2
. 6176
;:IIJted
Caslrb
resignatioa
accepted
Review of
insurance
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MINUTES OF THE SBPTBKBBR 19, 1983 CITY COO.CIL MBBTIJC
Conf.erence and ....ting Per Di_ Increase for Council - It
was moved by Counc. Gatto, seconded by Counc. Rogers and
passed unaniaously to adopt aesolution No. 6176 aodifying
the per di_.
City Cler~'s aepO~
It was moved by Counc. Gatto, seconded by Counc. Rogers and
passed unaniaously to ac:cept the resignation of Mra.
Catherine Gasich and tc accept applications until October
10 and conduct intervi_s ~tober 1 j. By consensus,
Council requested that the presentation of a plaque to Mrs.
G:Jsich be put on the agenda of the October 17 Council
meeting.
2. Report on City's insurance coverage.
Assistant to the City Manager Brown introduced Mr. Jack
Smreker who reviewed the City's insurance coverage with
Council.
By consensus, Council requested such an update be presented
every three years.
3. City Hall conceptual planning
modification.
lower
level
COUNCIL aBPORTS
Legislative Counc. JOhnson, Legislative aeview CODlftlittee -It was moved
Review by Counc. Gatto, seconded by Counc. S~arks and passed
unanimously to suppo~t AB 1553 (BateS), Transportation of
Radioactive Materia}s.
Consent Cal-
endar
approved
.
CONSENT CALENDAR
It was moved br Counc. Gatto, seconded by Counc. Johnson
and passed unanb,ously to approve the Consent Calendar.
9. Resolution N~. 6l5t: "A Resolution of the City Council
of the City ot Cupertino Allowing Certain Claims and
Demands Payat,le in the Amounts and from the Funds as
Hereinafter Described for Salaries and Wages for the
Payroll Period Ending August 9, 1983."
10. Resolution No. 6166: "A Resolution of the City Council
of the City of Cupertino Authorizing Execution of
Agreement with Caltrans to Provide Fundtng for Highway
85 Transportation Study."
11. Resolution No. 6167: "A Resolution of the City Counci:
of the City of Cupertino Accepting Grant of Easement
for Roadway Purposes fro~ Donald F. and Betty M. La
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MINUTES OF THE S£P~~MBER 19, 1983 CITY COUNCIL K££TIIG
pierre Consisting of Approximately .005 Acre, Located on
Hillcrest Road."
12. Resolution NO. 6168: "A R.solution of the City Council
e,f th. City of Cupertino Authoriling th. Bxecution of
\Jef.nee! Agr....nt with Donald P. and Betty M. La
V:.rre for th. Improv...nt of Frontage along HIllcr.st
Road."
13. Resolution No. 6169: "A Resolution of the City Council
of the City or ;:upertino Appro'/ing Contract Chang.
Order No.1 for Byrne Avenue C:L'::O"re, proj.ct 83-22."
14. Resolution No. 6170: "A Resolution of the City Council
of the City of Cupertino Declaring its Intention to
Order Vacation of a Portion of Stever.s Creek Boul.vard
Located on the North Side, East of Blaney Avenue, as
Provided in Section 8320 et seq. of the Street~ and
Highways Code of the State of California, Fixing Time
and Place for Public Hearing and Providing for Notice
Thereof."
15. Acceptance of City project performed under contract:
Pavement Restoration - Project 83-21.
16. Application KC-51.~75.37 - Architectural and Site
Approval to install an employee cafeteria within the
parking area of an existing industrial building
complex. The site is located in Vallco Park on North
Tantau ;\venue, approximately 450 ft. north of
Pruneridge Avenu.. Recommended for approval.
17. Affirmative Action Program ~1 the City of Cupertino.
IS. Resolution No. 6172: "A Resolution of the City Council
of the City of Cupertino Amending the Management
Compensation Program Modifying the Authorized Per Diem
Rate. "
19. Resolution No. 6173: "A Resolution of the City Council
of the City of Cupertlno Allowing Certain Claims and
Demands Payable In the Amounts and frcm the Funds as
Hereinafter Described for Salaries a~~ Wages for the
Payroll Period Ending September ~, 1983."
20, Minutes of the
September 6, 1983.
regular
(CC-620)
City Council meetir.q of
CC-621
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CC-621
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MUIU'fES OF orHI SIP'fEMDIR 19, 1983 CIn COUNCIL MII'fIIIC
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Members of the City Council
Gatto, JOhnson, Rogers, Sparks, Plungy
None
None
None
AYES:
NOES:
ABSBNT:
AB"AIN:
ITEKS REMOVED FROK CONSENT CALENDAR
2l.lIone.
ORAL COKMUNICATIONS
22. Proc:amation declaring September 17-23 as "Constitution
Week" in the City of Cupertino.
The City Clerk will mail the
appropriate party.
23. proclamation declaring September 25-0ctober 1, 1983 as
"Adult Care Week" in the City of Cupertino.
proclamation
to the
Mayor Plungy present.a the proclamation to a representative
of the Cupertino Senior Day Care Center.
24. proclamation declaring October 1, 1983 as "National Day
of Unity Against DoIIIestic Violenc.- in the City of
Cupertino.
The City Clerk was requested to mail the proclamation to
the appropriate party.
25. proclamation declaring October 10-15, 1983 as
"Bike-to-Work Week- in the City of Cupertino.
The City Clerk was requested to mail the proclamation to
the appropriate party.
26. Proclamation declaring October, 1983 as "Rideshare
Month- in the City of Cupertino.
The City Clerk was requested to mail the proclamation to
the appropriate party.
27. Members of the audience regarding matters not on the
agenda.
Kelly Miguel, manager of the storage area behind the PW
Supermarket, addressed Council regarding the noise
emanating from the market. She stated that she had ...ade
complaints to the City's Building Department in ~~th Hay
and June.
City Attorney Kilian stated that if the market is violating
the City's noise ordinance, ie could be cited.
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MINOTES OF THE SEPTEMBER 19, 1983 CITY COONCIL MEE7ING
Ms. Miguel was request.d to leave ber name and pbone nUllber
so sbe could be contacted by tbe City's C~unity Service.
Officer.
Walt Trefz, laSS3 Leave.hy Place, addre.sed Council
regarding pollutants fr~ Kai.er Permanente. He .tated
tbat in sOlIe area. tbe.e exceed Government standard.. He
asked wbat i. in tbe City's plan to reduce pollutants in
the Cupertino area.
He was informed regarding tbe General Plan, regional boards
and environmental impact reports.
Mr. Tom De Franco, 10427 Vista Knoll Boulevard, infonaed
Council that he represents a group of Oak Knoll Developaent
residents. He b..d tbree requests of Council. 1. Tbat
Council actively pursue Kirby Canyon and write San Jose
requesting that tbey rescind tbeir ordinance tbat does not
allow garbage frOll otber citie.. 2. That the vote on
Bryrn Canyon sbould be delayed and that the City contact
Mr. Knapp of Berkeley regarding a recycling program and
request a detailed proposal frOll bim. 3. Tbat tbe
Cupertino representative to SWMA be required to vote as per
Council majority and not on his own.
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Mayor Plungy responded to eacb point.
A resident of Melissa Court stated tbat be had beard tbat
if SWHA votes in favor of Bryan Canyon, tbe citizens will
have to have an election. He was informed tbat this was
not accurate. He also inquired regarding tbe cost for a
"burn" site.
Mayor plungy recommended that he express his ideas to
Cupertino Solid Waste Advisory Board.
Valerie McElroy, 22999 Standing Oak Court, stated tbat she
had beard that the Ferrari Brotbers have tbe ability to
accept garbage for nortb county for 25 more years.
Ci ty Manager Quinlan informed Ms. MCElroy tbat the dump
site is located in Mountain View and with the JPA bas
approximately five years use left based on present tonnage.
Cheryl Block, 22931 Voss Avenue, expressed concern
regarding the agenda she had received for Wednesday night's
meeting of Cupertino's Solid Waste Advisory Board. The
item that concerned ber was clarified.
·
Eleanor Kane stated that she felt concern as it appeared to
her that the Council was annoyed by citizens presence. She
requested that Council vote no on Bryan Canyon. Her main
concern was that the Council had not made up its mind yet.
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MINUTES OF THB SEPrEMBBR 19, 1983 CITY COUNCIL MEETING
She was inforaed that a certain legal process is requireð
by Council. This includes public hearings with an agenda,
testimony, etc.
Roberta Schwarta, 22204 Via Ca.ino Court, stated that the
people are not in favor of Bryan Canyon and requested that
Council...ber Sparts consider that when he votes on SIMA.
She stated that his vote could continue consideration of
Bryan Canyon as a dUllp site. She asked why Council did not
stop such consideration at SWHA. Ms. Schwarta e.pressed
the opinion that Councilm_b4tr Sparks is not listening to
Cupertinians. She asked if Council had been reading the
information sublai tted to th_. She asked if it were
possible to get a copy of suggested plans prior to SWHA
action so that Council can state their preference. She
suggested that when CouncUm_ber Sparks gets a copy of
SWKA's proposal that copies be made and it be sublaitted to
Council for input. She expressed concern that information
that the SWKA board is receiving is biased.
Alf HoeHne, Cupertino, stated that if Council does not
direct Council_e.ber Sparks that the Council is not in
favor 01 Bryan Canyon as a dump site, the people will keep
heckling.
PUBLIC HBARINGS
28. Ci ty of Cupertino: Public Hearing to amend the Rl
(Residential Single-family) zoning district to allow
·second units· (two dwelling units) on a single family
lot and a.end provisions related to building height and
setbacks. Environmental Review: The Planning
COlIIDission rec~nds the granting of a Negative
Declaration. Recommended for approval.
(a) First reading of Ordinance No. 1237: "An
Ordinance of the City of Cupertino Repealing
Certain Ordinances Outlined in Section 2 and
Establishing an Ordinance Regulating Residential
Single-FaJDily (RI) Zones."
29. City of Cupertino: Public Hearing to amend the RHS
(Residential Hillside Slope Density Formula) zoning
district to allow "second units" (two dwelling units)
on a single f..ily lot and amend provisions related to
building height and setbacks. Environmental Review:
The Planning COmJDiSBion recommends the granting of a
Negative Declaration. Recommended for approval.
(a) First reading of Ordinance No. 1238: "An Crdinance of
the City of Cupertino Repealing Certain Ordinances
Outlined in Section 2 and Establishing an Ordinance
Regulating Residential Hillside Development RHS
Zones)."
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MINUTES OF THB SEPTEMBER 19, 1983 CITY COUNCIL MEETING
Director of Planning and Development S1sk reviewed State
requirements and guidelines with Council.
Alex Grillo, 7473 Ro11in~de11 Drive, add.;.~.sed Council
regarding setbacks for additions to existing structures.
He stated he wished to add on to an existing hOlle on a
Hall lot th3t was included in the area annexed frOlll San
.Jose.
Hr. Michael Antucci representing Best Builders stated that
a ten foot setback was appropriate for new construction and
that the proposed ordinance was a good one in relationship
to setbacks.
It was moved by Counc. Sparks, seconded by CQunc. Gatto and
passed un~nimously to close the public hearing.
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Discussior. followed regarding the percentage of lot which
could be used for a second unit. Concern was expressed
regarding the ordinance as proposed as it would not be good
for small lots. It was suggested that the ordinance read
that if the structure presently exceeds 40' of the existing
lot, no additions could Occur and that a second unit co~ld
be up to 500 sq. ~:;. Concern was expressed regarding the
duties of ASAC as proscribed in the ordinance. Cour.cil
stated a preference that staff make certain decisions and
that an appeal process to Council be provided. The City
Attorney suggested that a change could be made frOll
discretionary to proscriptive.
Council reached a consensus that a second unit could be u~
to 640 sq. ft. or could be 40' of the lot, whichever is
less. Council felt that an owner occupancy affidavit
should be signed originally, but it not be necessary for a
yearly signing. Such notice of owner occupancy requirement
shall be included as a d.ed restriction. A notice shall be
sent to the City when a sale occurs and the new owner shall
sign an affidavit.
It was moved by Counc. Gatto, seconded by Counc. Sparks and
passtod unanimously to amend the RI and RRS ordinance
Sections 12 and 15 respectively per report dated SeptembeI"
19, 1983 and waive ordinance reading. The balance of the
proposed ordinances were continued to the meeting of
October 17, 1983.
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30. Application 7-Z-82 - Michael Lynch - Prezoning of .24
acre from County ML (Light Industrial) to City ML
(Light Industr~3l), located at the southeast corner of
Imperial Avenue and Olive Avenue. Minute Order -'~1uest
by City Council for advisory determination by ASAC ot
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Pub1ie hear
ing closed
Amendment of
Rl and RHS
ordinances
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KINOTBS OP THB SEPT~BBR 19, 1983 CITY COONCIL MEETING
the site now occupied by a
and auto repaior cOlllp1ex.
iaprov.ents to be made to
plumbing service office
RecOlaended for approval.
(a) Pint reading of Ordinance No. 1239: -An
Ordinanco of the Ci ty of Cupertino AlMtncUng
Section 1 of Ordinance No.2, prezoning .24 acre
froa County ML to City ML¡ Located at the
Southeast Corner of Imperial Avenue and Olive
Avenue.-
(b) Minute Oeder adopting ASAC recOJDmendation.
Director of Planning and Development Sisk revi_ed tbe
application with the Council and presented a transparency
and ~hotos of the existing site.
Mr. Michael Lynch, applicant, 631 Pam1ar Avenue, San Jose,
stated that he did not agree with the ASAC' conditions. He
felt that Ann Anger was the only person objecting to his
application. He stated he would like to put some trees in
the center.
Discussion followed regarding parking in the area.
I1r. Ed Slate of Slate Service, Cupertino, stated that he
does try to clean the cars up as fast as possible and park
t~em inside at night.
Public hear- I t was moved by Counc. Sparks, seconded by Counc. Johnson
ing closed and passed unanimously to close the public hearing.
7-Z-82
referred to
staff and
continued
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Council felt that shrubs and trees in front of the center
were necessary to screen the cars and soften the building
and that the building needed to be painted.
It was moved by Counc. Gatto, seconded by Counc. Rogers and
passed unanimously to refer the application back to staff
and to continue consideration to the meeting of October 17,
1983.
PLANNING APP~ICATIONS
31. Application 17-0-83 of Town Center properties (Jason
Chartier): Use Permit to construct 248 attached
residential condominium units and a two story 45,000
sq. ft office ~uilding and Environmental Review: The
Planning COØIDIission ree;,JlDlends the granting of a
~egative Declaration. The subjec~ property is located
between Stevens Creek Boulevard and ~odrigues Avenue
east of the future extension of Torre Avenue in a P
(Planned Development with commercial, office and
residential, 15-30 dwelling units per gross acre
intent) zoning district. Recommended for denial.
MINUTES OF THE SEPTEMBER 19, 1983 CITY COUNCIL MEETING
CC-621
Page 9
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Director of Planning and Development Sist revi_ed the
application and Planning Co_ission reco_endations a
concern.. He stated that AS.,C had no probl_s witb tbe
architectural concept. However, there was some concern
regarding the relationsbip of cOlL.ercial and residential
He also stated that reciprocal ingress/egress with Lake
Biltmore Apartments was pos.ible.
John Vidovich representing himself and Jason Chartier,
applicants, spoke regarding the proposed density, open
space (50'), and Condition No. 2 ~hich specifies that the
maxillum 45,000 sq. ft. of non-residential space designat
for Site B shall be service oriented professional office
and/or cOlDlDunity or local retailing activities.
Mr. Richard Frisbie, designer of the residential portion 0
the proposed development, Environmental Center, stated tha
he did no I; feel the open space is fragmented. All units
are related to the open space as presented. BasicaH1f. the
proposed cOlDlDunity is one for adults and is uroan rather
than suburban. Hr. Frisbie stated that there would also be
a pool area and the design could include a parcourse and
spas. In regárd to access to the development, the
Roch:igues a-::cess was chosen as the primary one. However,
should Council desire, it can be made low key. He stated
it is also possible to eliminate one Stevens Creek
Boulevard access and lIake it for _ergency vehicles. The
tandem parking spaces is a new concept. There would be
room for two cars in the garage parked in a single row. If
some residential units were eliminated, additional parkin
spaces could be provided. However, he did not feel it to
be necessary.
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Discussion followed regarding access to the center, the
nUlDber of residential units, tand_ parking, the open
space, emergency access, the position of the proposed
office building and the possible tenants of the building.
It was moved by Counc. Gatto, seconded by Counc. Johnson 17-U-83 eon-
and passed unanillously to continue considetlation of tinued
Application l7-U-83 to the meeting of October 17, 1983 to
provide the applicant the opportunity to revise hip pl~n as
recommended by Council, including eliminating one driveway
from Stevens Creek Boulevard and shifting entrance emphasis
to Torre Avenue, to review the relationship between office
buildings and residences, change the type of trees around
the proposed commercial building and not to decrease the
number of residential units or the open space. Staff was
directed to conduct a survey of parking ratios in Cupertino
office centers similar to the one proposed.
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32. Applicat'ons 29-U-83 and 10-TH-83 of Robert Schey: Use
Permit t\. allow the division of 1.35 acre!:. into seven
parcels to accomm~ate seven single-family homes;
Tentative Subdivisioh Map to subdivide approximaely
CC-621
pe10
29-0-83
and lG-TM-
83, Nega-
tive Dec.
29-0-83 and
IG-TM-83
approved
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26-0-83
continued
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HINO'l'ES OF THI SIPTBHJ¡IR 19, 1983 CITY COONCIL HEB'I'UlG
1.35 acres into seven parcels ranging in size fro. 6,050
sq. ft. to 7,400 sq. ft. and Bnvironmental Reviewl The
Planning C~ission recos.ends the granting of a Negative
Declaration. The subject property is located on the south
side of Bollinger Road approximately 250 ft. vest of Kim
Street. Reco.Dendeó for approval.
Director of Planning and Development Sisk reviewed the
applications with Council.
Hr. Bob S<:hey, applicant, addressed Council regarding the
conditions on the Planning Com.ission resolution and stated
that the Cou.ission had also requested a Condition No. 18
which would require five street pal'king spaces in th'3
cui-de-sac. He hoped that the Council would eliminate the
condi tion.
It was moved by Counc. Johnson, seconded by Counc. Rogers
and passed unanimously to grant a Negative Declaration for
Applications 29-0-83 and 10-'I'H-83.
It was moved by Counc. JOhnson, seconded by Counc. Gatto
and passed with Counc. Sparks dissenting to approve
Applications 29-0-83 and 10-'1'"-83 per Planning Commission
Resolutions 2433 and 2432 with Condition No. 18 eliminated.
33. Application 26-u-83 of Andr_ P. Jara (George So.ps, et
al): Use Permit to construct an 18,OOO sq. ft.,
two-story offi::e building on a rear parcel and
Environmental Review: The Planning Commission
rec-.nds the granting of a Negative Declaration. The
subject property is located on the north side of
Stevens Creek Boulevard 200 ft. west of Blaney Avenue
in a P (Planned Development) zoning district.
Oeco_ended for denial. (Application continued per
~pplicant's request.)
It was moved by Counc. Gatto, seconded by Counc. Johnson
and passed unanimously to continue Application 26-0-83 per
applicant's request.
34. Applic~tion 28-U-83 of Dennis Kobza (William Marocco):
Use Farwit to construct a 74,000 sq. ft., two-story
office building and Environmental Review: The Planning
Commission recommends the granting of a Negative
Declaration. The subject property is located on the
north side of Stevens Creek Boulevard approximately 300
ft. west of Portal Avenue and 200 ft. east of Blarey
Avenue in a P (Planned Development) zoning district.
Recommended for approval.
Director of Planning and Development Sisk reviewed the
application with Council.
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'UNOTBS OP THE SBPTEMBER 19, 19B3 CITY COUNCIL M£I'I'IMG
Discussion followed regarding architectural d.sign of the
project.
It was moved by Counc. Johnson, seconded by Counc. Spark' Regative Dec.
/tnd passed unanillOusly to approve the granting of. for 28-U-83
Negative Declaration.
.
It was moved by Counc. JoÞnson, seconded by Counc. Sparks
and passed with Counc. Gatto dis.eotting to approve
Application 2B-O-B3 per Planning C~i.sion Resolution NO.
2437 with Condition No. 22 amended to read as follows:
22. privacy Contr~ls
The applicant shall carefully screen any privacy
impacts to the residences on the north from stairs or
second story windows of the proposed two-story
building, including but not limited to landscape
screening, plac_ent and orientation of windows, stair
enclosures, etc.
.
Condition No. 16, paragra~h 5, shall read, "Trips to be
~~~uired by applicant - I.B."
35. Application 27-U-83 of Cecelia Massey: Use Permit to
construct a residential duplex and Environmental
Review: The Planning Coaaission recommends the
granting of a Negative c-~laration. The subject
property is located on t:he northeast corner of Cleo
Drive and Gardenside Lane in a P (Planned Development
wi th residential mul tiple family intent) zoning
dis~rict. Recoaaended for approval.
It was moved by Counc. Sparks, seconded by Counc. Gatto and
passed unanimously to grant a Negative Declaration.
It was moved by Counc. Sparks, seconded by Counc. Gatto and
passed unanimously to approve Application 27-U-83 per
Planning Commission Resolution 2439.
.
36. Application 2-V-83 of Homer and Debbie Gee (Best
Builders) : variance from the Rl (Re..idential,
Single-family) Zoning Ordinance to permit a
second-story setback of 7 ft. 6 inches in lieu of tne
10 ft. setback required by Ordinance and Environmental
Review: The project is categorical17 exempt, hence, no
action is required. The subject property is located on
the west side of Pennington Lane (1043 Pennington Lane)
between Pumpkin Drive and Woodlark Way in an RI-6
(Residential, Single-family, 6,000 sq. ft. minimum lot
size) zoning district. Recommended for denial.
CC-621
Page 11
28-U-83
approved
Negative Dec.
for 27-U-83
27-U-83
IIPProved
CC-621
.12
2-V-83
approved,
Ru. 6174
adopted
-'!':"i."",...""R"!'Y,'.-....
KINU'l'ES OF THE SEP'I'lMØia 19, 1983 CITY COOHCIL M'lI'l'IIG
(a) Resolution 110. 6174: -A Resolation of tbe City
Council 0: tbe Ci ty of Cupertino Granting .
Va. riance to KOIaer and Debbie Gee (Best
Construction) frOla tbe Rl (Residential,
Single-f.Uy) OrcSinance to Permit a Second-story
Setback of 7 Ft. 6 Incbes in Lieu of tbe 10 Ft.
Setback Required by Ul'dinance.
Director of Planning and Developaent Sisk reviewed tbe
request and a tranparency of tbe site witb tbe Council.
It was IIOved by Counc. Gatto, seconded I)y Counc. Rogers and
passed unanimously to find in favor of Application 2-V-3~
as granting of tbe variance doe. not adversely affeet tbe
health and safety of tbe co.-unity, is necessary for tl1e
preservation and enjoyaent of the property, w111 not be
materially detrimental to public welfare or injurious to
prop.,rty or improv..nt. in tbe neighborbood, and
exceptional circaastance. esist a. tbe existing structure
was not built wbile in the City of Cupertino but was
brought into tbe City at a later date; and to adopt
Resolution No. 6174.
ARCHITECTURAL AND SITB APPROVAL COMMITTEE APPLICATIONS
4IÞ 37. None.
De1llOli tion
of building
Stevens
Creek
Quarry
.
UNFINISHED BUSINESS
38. Discussion concerning demolition of structure at 22370
KcClellan Road - Larry IIOOn and Stephen Hoo (Kester
Property). Letter from Stepben Hoo.
It was moved by Counc. Gatto, seconded by Counc. Rogers
passed unanimously to g1ant the owner unti" Nov_ber
1983 to arrange for demolition of tbe building.
39. (a) Report on County Review of Stevens Creek Quarry
Use Permit.
and
1,
(b) Consideration of establishing a "No Parking" area
along a portion of Pootbill Boulevard.
I t was moved by Counc. Johnson, seconded by Counc. Sparks
and passed unanimously to authorize the Mayor to appear at
the October 6 County Planning Commission meeting and to
hold the parking res~riction in abeyance.
40. Status report ~n KKUP lease agreement.
It was mov~d by Counc. Spa~ks, seconded by Counc. Rogers
and passed unanimously to approve a rental fee of $350 per
month on a year' s lease an~ the back balance of $950 to be
paid in equal installments over the next six months.
MINOTES OF THE SZP'fEMBBR 19, 1983 CITY COONCIL MIE'fIIIG
þ
Bill Hazzard, 1537 Canna Court, Hountain View, representing
KKOP, stated rather than the station malring a rental
payiNlnt in July, he cUd believe it was made in June.
However, the balan~. ..ntioned in the report is cortect.
NEW BOSINESS
41. Report from City Attorney regarding Conditions 18 and
28 of Oenaka/swenson permi t in relationship to General
Plan Amend_nt.
City Attorney Kilian reviewed his research with the Council
and stated that in his opinion a General Plan Amendment
would be required for the density requested by the
applicant and that the 15 t;::ip end constraint should
remain.
Discussion followed regarding the possible historical
significance of a portion of the site of the proposed
developIBsnt.
þ
It was moved by Counc. Johnson, seconded by Counc. Gatto
and passed unanimously to direct staff to look at the
historical significance of a portion of the site in light
of a General Plan Aaendaent.
42. Consideration of 1983-1984 Water Budget.
(a) Resoluti~n No. 6175: -A Resolution of the City
Council of the ci ty of Cupertino Approving
Cuperti~o Water Budget 1983-84.-
It was moved by Counc. Sparks, seconded by Counc. Rogers
and passed unanimously to approve the 1983-84 Water Budget,
adopt ResolutIon No. 6175, and a pUblic hearing in December
to consider a rate increase.
43. Claim for indemnity filed in County of Santa Clara
Superior Court: Jean Claude Pham, et al., Plaintiffs,
v. Foothill De Anza Community COllege District, et ai,
defendants and related cross-actions.
It was moved DY Counc. Johnson, seconded by Counc. Sparks
and passed unanimously to reject the claim and direct the
City Clerk to so notify claimant.
44. Appointment of deposi tory for the Ci ty' s commercial
checking account.
þ
It was moved by Counc. Johnson, seconded by Counc. Gatto
and passed unanimousl~ to authorize the treasurer to enter
into an 3greement with Wells Fa~go Bank as depository for
the City's commercial checking account.
CC-621
Page 13
Historical
significanee
Res. 6175
adopted
Pham claim
rejected
Agreement
with Wells
Fargo
CC-621
.14
Junior
Clulllber
Orchestra
. -','v.· .-"-.~ -c'
~INOTBS OP THE SBPTEMBER 19, 1983 CITY COOYCIL MBBTING
45. Request for Parks and Recreation co-sponsorsbip frOll
Cupertino Junior Cbamber Orchestra.
It vas moved by Counc. Jobnson, seconded by Counc. Gatto
and pasaed unanimously to approve eo-sponsorsbip of tb.
Cupertino Junior Cbaaber Orcbestra and their us. of Wilson
Park buiiding on. evening per week.
46. Request for transfe~ of funds from Environmental Impact
Pund to operating budget.
Wolfe Road It vas moved by Counc. Gatto, seconded by Counc. Johnson
medians and passed unanimously to appropriate $2,500 from th.
General Pund for landscape design services on Wolfe Road
medians.
.
Second
reading
of Ord.
1236
Ord. 1236
enacted
.
WRITTEN COMMUNICATIONS
47. None.
ORDINANCES
48. Second reading of Ordinance No. 1236: -An Ordinance of
the City of Cupertino Amending Section 1 of Ordinanc.
No. 2 by Rezoning Approximately Two ~ross Acres from
R1-10 Zone to P Zone; Located on the East Side of
Carmen Road, Soutberly of Stevens Creek Doulevard
Bebind tbe Existing HOlIes Whicb Front Carmen Road.-
It was moved by Counc. Rogers, seconded by Counc. Gatto and
passed unanimously to read Ordinance No. 1236 by title only
and the City Clerk's reading to constitute tbe second
reading thereof.
It was moved by Counc. Gatto, seconded by Counc. Rogers and
passed unanimously to enact Ordinance No. 1236.
RESOLUTIONS
49. None.
NON-AGENDA BUSINESS
50. Recognition by Mayor of special requests.
(a) Gen2ral Audience - None.
(b) City Council.
aiver of business license fee, Citizens fo~ a Better
Environment It was moved by Counc. Sparks, seconded by
.oune. Rogers and passed unanimously to approve waiver of
1983 business license fees for Citizens for a Better
Environment.
.
.
.
tþ
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"IMUTU OW Tn SBrrDmBR 19, 1983 cln COOIICIL JlBftIIlG
ADJOUJIIIMUT to 6.00 p..., T1IellCSay, sept.....~ 27, un to
int.~9i.. applicants for appointMIIt to advisory bodi...
At 12:30 a.'S., the ...ting vas I14joarøed to 6:00 p...,
sept..ø1' 27, 1913 fo~ int.~9i... of applicanta fol' vuiou.
Cape~tino advisory bodi...
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cc-62l
Pap 15