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CC 05-15-78 . . . - -'·~b.J ~~,~,... "~~,..~~~~~,,~ .' " '''t·,; .', .' ~"'¡::'~',. 5" . CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Aveuue, Cupertino, California 95014 Tel~phone: 252-_505 REGULAR KEETlHG OF THE CITY COIlltCIL 1978, IN THE COUliCIL CBAKBER, CITY BALL CUPERTINO, CALIFORNIA KImrí¡¡<¡ OF HELD OIl KAY 15, The Mayor called the meeting to order at 7:37 p.lII. in the C~uncil Chamber of City Hall. SALUTE TO THE FLAG ROLL CALL Counc. Present: Meyers, O'Keefe, Roge~s, Sparks, Mayor Jackson Staff Present: City Manager Quinlan Deputy City Clerk Cornelius Director of Planning and Development Sisk (8:45 p.m.) Director of Public Works Viskovich Director of Parks and Recreation Butler Assistant Planning Director Cowan City Attorney Adams Ma)or Ja~kson announced that because of the length of the agen1a, Council would not complete all item.~ at this meeting. He sugg~sted citizens who were present for itelDS No. 40 through 49 leave and return for thO' adjourned meeting of May 16, 1978. CONSENT CALENDA1l Counc. O'Keefe requested Ite~ 7, 8 end 9 be removed from the Consent Calendar. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to approve the balance of the items on the Consent Calendar. 1. Resolution No. 4699: "A Resolution of the City Council of the City of Cupertino Allowing Vertain Clai~ and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellan- eous Expenditu.es for the Four Day Period Ending AprU 28, 1978." 2. Resolution No. 4700: "A Resolution of the City Council of the City of Cupp.rtino Allowing Certain ClaIms and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellan- eous Expenditures for the Nine Day P"riod Ending Kay 8, 1978." 3. Resolution No. 4701: "A Resolution of the City Council of the City of Cupertino Allowing Certain Cla~ and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending May 9, 1978." cc-415 Pase 1 Items removed Consent Cal- endal" approved CC-4l5 .2 . . ':'-Ï' "~"'-'''::¡-'~>, . ~" "":'.;::>':""'" ",~:u.--;;'O'~';"-""'~""J:,.,:r"'.'-'" e MINLJŒS OF IHE MAY 15, lQ78. CITY COL~CIL MEETING 4. Resolution No. 4702: "A Resolution of the City Coundl of the City of Cupertino Approving the Final Kap and lIIIprovement Plana of Tra"t No. 6272 Located at the Northwest Corner of Stevene Creek Blvd. and Foothill Blvd.; Developer Silveroaks West, a Partnership, Acceptina Certain Easements; Authorizing Signing of i'inal Kap and 1IIprove...n~ Plans; Authorhina the Execution I3f Agreements in Connection Ther...,ith. II 5. Resolution No. 4703: "A Resolution of the City Council of the City of Cupertino Approvina the Parcel Map of Property Loc~ted at the Northwest Corner of Blaney Avenue and Stevens Creek Blvd.; Developer, A & R Leasing and Authorizing the City Engineer to Sign the Parcel Hap." 6. Resolution No. 4704: "A Resolution of the City Council of the City of Cupertino Approving the Parcel Map of Property Located at the South- east Corner of Crescent Road and Hillcreat Road; Developer, Dennis Griffin, John Murren, B. R. Norman and L. S. NOrmdo ~nd Authorizing the City Engineer to Sign the Parcel Map. II 10. Continuanc~ of ~olic~tation permit for Purple Heart Veterans' Rehabili- tation Services, Inc. 11. Waiver of business license fee for MuaculBr Dystrophy Association. 12. Minutes of regular meeting of May 1, 1978. (CC-4l3) 13. Minutes of adjourned regular meeting of May 2, 1978. (CC-414) Vote AYES: NOES: ABSENT : ABSTAIN: Members of the City Council Meyers, O'Keefe, Rogers, SpaL~R_ Jackson None None None ORAL COMMUNICATIONS 14. None PUBLIC HEARINGS 15. Application 6-Z-78 of PEninsula Capital Group, Inc.: Prezoning approxi- mately 11 acres from Santa Clara County A (Exclusive Agricultural) and AI-I acre (Agricultural/Residential, 1 acre minimum lot size) to City of Cupertino RlC (Residential, single-family, cluster). Said property is located at the northwe~t corner of California Oak Way and Stevens Creek Boulevard. Recommended for approval. (This application to be heard in conjunction with Application 6-TK-78) (a) First reading of OrdInance No. 872: "An Ordinance of the City of Cupertino Amending Section 1 of Oráinance No. 2 b, Prezoning Approximately 11 acres from Santa Clara County A and Al-I Acre to City of Cupertinû RIC¡ Located at Northwest Corner of California Oak Way é:.nd Stevens Creek Boulevard. II . . . . cor:' ~ ..""~'__ct':-'1"J' ~~\.~~.,.~~~~~.. ' :' ."',' ", "",' ,",--__ '.,' r., . ., " '. ~';;r,". CC-415 Page 3 Noiae abate- ment questions Trains will ce.use vibra- tion problem Concern re sound walls Motion with- drawn It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan Public hearing imously to close the public hearing. closed Motion to deny defeated Public hearing reopened Continued to second meeting in July MINUTES OF THE MAY 15, 1978, CITY COUNCIL MEETING PLANNING APPLICATIONS 16. Application 6-TK-78 of Peninsula Capital Groups, Ioc.: Tentative Map to subdivide approximately 11 acres into 36 siolle-fami1y cluste lots plus one lot to be held in common ownership. Said property is located at the northwest corner of California Oak Way and Stevena Creek Boulevard. Recommended for approval. (This application to be heard in conjunction with Application 6-Z-78.) Mr. Oliphant, acousticsl consultant for the developer, answered questions regarding noise abatement planned for the development. Norm Gilbertson, 1323 Nelson Way, Sunnyvale, a representative of Kaiser, felt that the area had a higher noise level than stated on the acoustical r~port. He further etated that trains will cause a vi~ration problelll as well as a noise problem and requested another sound survey be done. Council expressed concern regarding the construction of more sound walls within the City and felt perhaps other methods of alleviating noise could be used. It was moved by ~unc. O'Keefe and seconded by Counc. Sparks to close the public hearing. Counc. O'Keefe withdrew the motion so that :lr. Walt Hoskins, civil engineer for the applicant, could comment. Mr. Hoskins stated the plan is in conformance with the General Flan, oak trees are being preserved and easements and topography directed the ar- rangement of the cluster hOllies. He further stated that the proposed soun wall would contain tree pockets and that plantings would screen the housing units from PG&E ..asements. It was moved by Counc. O'Keefe and seconded by Counc. Rogers to deny applications 6-Z-78 and 6-TH-78; the motion was defeated with Counc. Jackson, Counc. Meyers and Counc. Sparks dissenting. Counc. O'Keefe requested that the minu~2s show that all sound problema and aesthetic problems must be solved in order for him to approve a development. It ~as moved by COUDe. ~parks. seconded by Counc. Ro~ers and passed unan- imously to reopen the public hearJng. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed with Counc. O'Keefe dissenting to continue these matters to the second meeting in July to hear other possible solutions to noise and vibration problems. RECESS: 9:20-9:30 p.m. 17. Applications 7-TK-78 and 3-U-78 of George Savage & Leon Frangadakis: Tentative Map (7-TH-78) for a one lot subdivision to legalize a lot line created by deed and Use Permit ()-U-78) to construct 3 _l¿ 7-TM-78 approved 3-U-78 approved 1,-U-78 approved as aWed 10-TM-78 approved Request for color range . e ., -.4,.;..,.....";<r""r-Jl.-:"''''_'~.~. ~~.·.".I'W~'--~:,~':'I{.~~.~....·,"I~· '" ,"",';" ',:,.,.,' 'ß,..·.:~· ':,0," .'.," ,'i ,',' ., "..''';>.'.' " , ' -, MINUTES OF THE MAY 15, 1978, CITY COUNCIL MEETING 17. (continued) 3,800 sq. ft. dental laboratory/office building on a one-half acre parcel. Said property is located on the north side of Pacifica Drive approximately 300 ft. easterly of the intersection with South De Aoza Boulevard in a P (Pla~ed Development) zoning district. Rec~ lIIended for approval. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to approve application l-TM-78 as presented. ' It was moved by Counc. M..yera, seconded by Counc. Rogers and passed unan- icously to approve application 3-U-78 as presented. 18. Application 4-U-78 of Sobrato-Berg Properties: Use Permit to construct a four-story industrial/office building consisting o~ approximately 211,600 sq. ft. on a 10.3 acre parcel located at the southeast corner of North De Anza Blvd. and Mariani Avenue in an existin~ P :Planned Dev~lopment with Commercial, Industrial/Office intent~ zon~. Recom- meaded for approval. It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- imously to approve application 4-U-78 with the third sentence of Condition 18 being amended to read. "This may take the fcrm of but not be limited to staggering of work hours by tenants, modification of hours of operation, or an organized car ~r van pooling program and County transit bus pooling program", and with the condition thst occupancy not take place prior to May 1, 1979 unless the Merritt/Mariani closure occurs prior to that date. 19. Application lo-TM-78 of Oxbow Land & Development Company, Inc.: Tentative Map to combine three parcels consisting of a total of .19 acres into one parcel. Said property is located adjacent to and south- westerly of Santa Clara Avenue approximately 12~ ft. westerly of the intersection with Alhambra Avenue in a pre P (Planned Development with residential duplex intent) zone. Recommended for approval. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to approve application 10-TH-78 as submitted. ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPUCATICNS 20. Application HC-5I,402.11 - Orchard Va~ley Partnership appealing ASAC recommendation to restrict tenant sign colors to ivory only per Con- dition la, Resolution No. 800. Said property is a multi-tenant com- mercial center under construction at the southeast quadrant of Stevens Creek Boulevard and Portal Avenue. Mr. Mel Peters representing Terranomics requested the use of a color range from white to rust for store front signs. . . . i'C' '"~.:r'-j''' ',' :"""~f'~}'''..:.~t~~ ......'!?i"",:"",.' CC-415 Paae 5 Motion to deny defeated Appeal grantec with condi- tions It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan- HC-51,075.443 imously to approve application HC-5I,075.443. approved Ite.. taken out of order Alternatives to closure disc:uased Petition sub- mitted It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- Public hêaring imously to set the public hearing for the closure of Merritt Drive for the co be set earliest possible time. Staff will present a resolution setting date of the public hearing to Council at their adjourned meeting of May 16, 1978. C-51,333.l2 pproved MINL'TES OF THE MAY 15, 1978, CITY COUNCIL MEETING It was DOved by Counc. O'Keefe. sec~nded by Counc. Jackson to deny th~ appeal; the motion was defeated with Counc. Meyers, Counc. Rogers and Couoc. Sparks dissenting. It ~as moved by Counc. Meyers and seconded by Counc. Roaers to grant the appeal, changing Condition No. 10 to resd, "Copy color shall be reviewed at time of store front review", to eliminat~ findina No. I of H-Control Resolution 800, and to refer the matter back to n-Control for aign review regarding three store fronts already approved. The motion pasaed with Co~~c. Jackson and Counc. O'Keefê dissenting. YTEMS REJ«>VED FROM THE CONSENT CALENDAIl 8. Application HC-5l,075.443 - Vallco Park, Ltd. requesting approval of modification of architecture to extend the height of the existing barrier of the west side of the tennis center in Vallco Village Center, adjacent to Linnet Way. Recommended for apþroval. It was moved by Counc. Sparks, aeconded by Counc. Meyers and passed unan- imously to take Item 32 out of order. NEW BUSINESS 32. Requ~st from Tracy Ellsworth for closure of Merritt Drive, West end. The City Attorney clarified that in order to close Merritt Drive, Council would have to determine that the street is unnecessary. Various alterna- tives to street closure were discussed as well as access by emergency vehicles. Mr. Jerry Kreger, 20204 Merritt Drive, presented a petition requesting that Council take action to divert rush hour traffic from Merritt Drive between Blaney and De Anza. ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) 7. Application HC-5I,333.l2 - International Consolidated Contractors, Inc. (Jenn Chiu) requesting approval of site, architecture, landscap- ing, grading and lighting for a restaurant and adjacent commercial building located westerly of and adjacent to De Anza Boulevard I.orth of Valley Green Drive. Recommended for approval. It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- imously to approve HC-5l,333.l2 as submitted. . . ~~ HC-5l.333.13 approved Need for off street parking expressed Ord. No. 873 a.ed First reading of Ord. rio. 873 . I -,~," ,.;,~. ,.,...,~, ',"<~ ..-'.'." "-._-"-.'/~ 0" '. ','- .--- '.",,-, ,'- e . MINUTES OF TIlE MAY 15, 1978, CITY COUNCIL MEETING 9. Application HC-5~,333.13 - Sobrato-Berg Properties requesting approval of site, architecture, landscaping, and grading for an Indu.trial struccure at the ~outheast quadrant of VallP.y Gr&eD Drive and Bandley Drive. Recommended for approval. It was moved by Counc. O'Keefe, seco"ded by Counc. Rogers and passed unan- imously t~ approve HC-5I,333.13 as submitted. NEW BUSINESS 38. Request to allow parking on Mary Avenue adjacent to Oaks Shopping Center. (a) First reading of Ordinance No. 873: "An Ordinance of tbe City C'f Cupertino Amending Ordinance No. 843 Regulating Stopping, Standing or Parking on Public Streets, and Providing for Signs Notifying the Public Thereof, and Further Providing for Penalties for Violation Thereof." Anna Mae Brewster, a representative of Stoaeson Development, expr~Bsed the need for off street parking in the vicinity of the Oaks Shopping Center. It was moved by Counc. Sparks, secQnded bv Counc. Meyers and passed with Counc. Jackson and Counc. O'Keefe dissenting to amend Ordinance No. 873 to read that no parking will be allowed from 2:00 a.m. to 8:00 a.m.. It was moved by Counc. Meyers, seconded by Counc. Sparks and pas~ed unan- imously to read Ordinance No. 873 by title only and the Mayor's reading to constitute the first reading. At 11:40 p.m., the Mayor adjourned the meeting to May 16, 1978 at 7:00 p.m. for a meeting of the Legislative Review Committee, then to 7:30 p. m. for an adjourned regular meeting of the City Council.