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CC 12-05-94 · ' CC-892 · MINUTES Cupertino City Council Regular Adjourned Meeting December 5,1994 CALL TO ORDER At 5:00 p.IO., Mayor Dean called the meeting to order in the Council Chambers, 10300 Tom: .\venue, and led the Pledge of Allegiance. ROLLCALL Council members present: John Bautista, Don Burnett, Bæbara Koppel, Laura1ee Sorensen, and Mayor Wally Dean. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kim Smith; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; City Attorney Charles Kilian; Parks and Recreation Director Steve Dowling; Public Information Officer Donna Krey; and Public: Works Director Bert Viskovitc:h. · CLOSED SESSION At 5:02 p.1O. Coo.mcil recessed to a closed session regarding initiating litigation (Government Code Section S49S6.9(c) - City o¡Cupertino v. S. Spins, et aI. At 6:02 p.m. Council m:>t5scd At 6:45 p.m. Counc:il RCOnvened in open session. The City Attorney announced that Council had met in closed session regarding City o¡Cupertino v. S. Spitts, et aI., that no action was taken, and that the c:1osed session was adjourned to the end of the CoUDCil meeting. CEREMONIAL MAnERS - PRESENTATIONS Counc. Sorensen pre KDlo:d Ms. KeUyn Yamada with a certificate of recognition ftom the Cupertino Historical Society in acknowledgment of her work on the video K A Place Called Cupertino." ORAL COMMUNICATIONS None. . CONSENT CALENDAR . . . December 5,1994 CupertiDo City Couucil Page 2 So.,""""Q moved to approve item Nos. 1-9 as prc;.scated. Koppel secorxIcd, and t!I: motion c:arrit'i 5-0. I. Resolution No. 9241; Accounts Payable, November 18, 1994. 2. Resolution No. 9242: Accounts Payable, November 23, 1994. 3. Resolution No. 9243: Payroll, November 18, 1994. 4. Resolution No. 9244: Approving Change Order No. IS for Cupertino Nine School Site Improu.I~.I,. Projrct 93-9106. 5. Resolution No. 9245; Declaring an intention to order vacation of a roadway easement located on the north side of SteVenS Creek Boulevard, uorth of Janice Avenue. 6. Approval of minutes of tile November 16 and November 21,1994, meetings. 7. Review of Alcoholic Beverage Control license for Chevron Gas Station, 11010 North DeAnza Boulevard. 8. Resolution No. 9246: Authorizing .:xecution of agreement with Cheryl R. Kershner. 9. Resolution No. 9247; Authorizing execution of Coope.cdkve ~ No. 8- CUP, Route 85 CODSIIUCtion of traffic signal modifications. ~ Members of the Ci~ Council AYES: NOES: ABSENT; ABSTAIN: RSlutichl. Burnett, Dean, Koppel, md Sorensen. None None None PUBLIC HEARINGS Item NO$. 10 and 11 were reviewed together. 10. Application NO$. 81,156 and 9-EA-94 - City of Cupertino. ~.I", to various sections of Chapter 19.40 of the Cupertino Municipal Code, \l"'$i.l-hSlI Hillside Zones, regarding regulaIions for Oat yard area, second story off'-sets and house sizes. Environme.ubol Determination: The Pl....ning CommiftÌon recommends the granting of Negative Declaration. Recommended for approval. (Continued ttom November 7, 1994.) December S, '994 cupertino City Council Page 3 · (a) First mIding of Ordinance No. 1658: "An Ordinance of the City Council of the City of Cupertino A""""'ing Chapter 19.46, Residential Hilbide Zones, of the Cupertino Municipal Code." 11. Application Nos. I-Z-94 and 2-FA-94 - City of Cupertino. Request for rezoning of various billside properties ~peping 185 net acres in the Regnart Canyon area, loc:ated in the west foothilb of Cupertino. Environmental Determination: The pl......i'1g Commission recollllJleDd:: the granting of a Negative Declaration. Recommended for approval. (Continued fiom November 7, 1994.) (a) First reading of Ordinance No. 1659: "An Ordinance of the City Council of the City of Cupertino AovwIi'1g Title 19 of the Cupertino Municipal Code by Rezoning Various Hilbide Properties Encompassing Approxi- mately 185 Net Acres in the Regnart Canyon Area; Located in the West F\IOIhills of Cupertino." · The Community Development Director reviewed the house size regulations as proposed by the Planning Commission, including formulas with and without adjustments for slope factors. He reviewed the proposed animal regulations which would allow 2 large anima1s for 40,000 !'quare feet, one additional large animal for every additional 20,000 square feet, and one additionaIlarge animal for 4-H projects. He also recommended amending Ordinance Chapter 8.11 to incorporate pasture management practices. Mayor Dean opened the public hearing. Mr. Robert Bigler, 11230 Bubb Road, had distributed a letter to the City Council dated December 1,1994, which discussed the restrictions placed on home design by a IO-foot minimum setback Mr. Bigler said that this requirement would overwbeImingIy dictate the arclútectme for a house on a steep slope. In the design of his home it would elimin..... any rooms above the garage as wen as the possibility for a second-story window. He said the Regnart Canyon Committee s:¡ggested that 50% of the down-hill second-story wall plane be !Jet back an average of 10 feet. Another solution wou1d be to stipulate a S-foot setback, or allow average setbacks. The Community Development Director said the intent was to make a break in the waIl plane and an exception to the 100foot setback would not create a problem here. · The City Attorney noted that he had m:eived a letter from Mr. Quevedo, an attorney ...............ting Mr. Bigler, about proper noticing. The letter was ~ \\ith the Community Development Director and it was determined that adequate notice had been given. These orrl;- vœre legislative and therefore strict due process was not applicable. Also, Mr. Bigler attended Planning Commission meetings before making this complaint. The fact that the matter was sent back to 0...-"'" S, \994 Cupertino City Counci\ Page 4 . the Planning Commission for further review did not require a pub\ic: bearin¡ or 8 new notice. For the Brown Act provisions to apply, the citizen must file 8 written request to receive notice of each hearing, and the City's records did DOl show that such a request was filed. The City Attorney said that any due PIIXXSS or Brown Act issues were cured beca11X Mr. Bigler was pI~m and spoke at this meeting, so Council was tree to proceed. Mr. Mike Bnmer, repr~ Sobrato Development Company, .......~ concern about the charts for calculating house size and felt that they would unduly burden lots with smaller slopes. He suggested the chart start at 10,000 square feet inst-' of 5,000 square feet before coverage goes up fiom 45%. He suggested that Council select the option with a calculation for the lot only and a scpa.Ate calculation for the slope. Mr. Bnmer said the cap on house size should relate to slope size, and it was too restrictive at 5,000 square feet since it must include all structures such as a garage, pool house, etc. . Mr. Jim Black, 11691 Regnart Canyon Road, said that he had contacted many residents of the canyon and the majority of those felt the proposed animal regulations were acceptable. The issue of house size was a compromise, and they felt the slope density calculation should not be a part of it The Community Development Director noted that there would be an extra burden on the owner if slope was included in the calculations since the owner would have to pay for topographical measurements. Mr. Tom Winegar, 11741 Regnart Canyon Road expressed support for the animal regulations. He said all the 0WIlClS with horse-. on their property had taken extra steps to guard 'Igllinú erosion, and they were actually building up the hills with added materials. He supported the Plann;"g Commission's recommendations. Koppc:l said she was stilt concerned about "","""ting a cap on house size, and tha'e should be a way to avoid that if the house is _11 designed and ~ not propose a significant imp"'" on the view from the valley floor. The Con.mmity Development Director said 1heJe was alrea...-"y a universal cap for aIIlocatiou:., but ~hat would be new is a sliding scale for lot sizes. Burnett saiJ he liked the cooc..-pt of the chart which allows OWDer$ of flatter land not to be penalized. He supported this method or liíDÍting house size. He also supported the proposed animal regulations but was a little apprehensive about the potentia1 for a large number of animSlI.. He said that the ordinance should be tight enough to keep the horse areas as paddocks and not mud lots. . Sorensen agreed with the anima1 regulations. In regard to house size and lots, she believed in less goveuauent. Building should adhere to Genera1 Plan regulations, but still allow deviations. She supported Mr. 8igler's suggestion that 50% of the down-hill second-story waIl plane to be set back an average of 10 feet. (kember 50 t 994 C~ City CouŒiI Pa&c' þ . ~ agreed in principle with the idea of a 6500 ~foot cap on boule size and a sliding sc:ale reprding lot size and slope, but was oot sure if the actual numbers pi oposed were too restrictive. B......åa moved that (I) There be a .Jidil'lg sc:aIe to take into account lot size and slope formula; (2) In no event sbouId any house in the desiW-~ ami be greater !baa 6500 square feet; (3) Staffwas direc:tcd to rdUm to Council with ~1es of bow that would be caI"u'...""'; (4) Adopt the lec:on·n..."d1lfÍ9DS of staff and PlannúJa Commission and the community of Regnart Canyon ægarding regu1ation of ,.,,;.....1..; (5) On the ICCOIId-story waIl plane setb8c:lt to adopt a formula that says 75% of down-hill sccond-stoIy wall plane is to be set bøclt an average of 7.s feet but in no case less !baa 5 feet. 9mtt:i"" said that it sbouId be IØIderstood that given legal ~~ is the purpose of the policy to af:ord Council some discretion in this ami but to recognize there is a Iega1 taking issue and they need to be reasonable and allow building in the hillsides. The Council's role was to have some discretion over what that building willloolt like. The City Attorney noted that this vote would give direction to staff to change the ordinance and bring it back to Council. Burnett seconded Bautista's motion. þ Koppel moved to amend the motion to delete the cap on house size. Sorensen seconded the amendment. Discussion followed. Bauti"'" said the cap of 6500 square feet already exisIs, and they have DOt seen an application for a house 1arger !baa that. Even if someone wanted to build one 1arger, they c:ou1d still rapest an exception. Koppel said that the cap keeps people ftom even considering IMldil1g a 1arger house. Dean ca1Ied for the question. The ~ motion failed to c:arry 2-3, with Iñ1oti", Bumea, and Dean voting no. Council then voted on the original motion, wbiclI c:arried 5-0. Burnett moved to continue item Nos. 10 and II to lID. 3, 1995. Soiœsœ seconded, and the motion carried 5-0. þ 12. Application Nos. 3-GPA-93, S-U-94, and 2O-EA-94 - fJllldnuntt ~do¡-'- General Plan Amendment to change ftom high density (20-35 dwdling units ptt gross acre) to medium high deIIsity (10-20 dwelling units ptt gross acre). Use permit to construct 5 townhomes on an 11,761 sq. ft. vacant parcel in a PI.........J Development residential zoning disttict. The poopeny is located at Ga.de.~ Lane and Rainbow Drive. Environmental Detennination: The Pla....;.1g Commission recommends the granting of a Negative Declaration. Rcco.ll..omJed Dec:ember S, 1994 cupatiDo City Council Page 6 t for approval. (Continued ûom October 3, 1994, meeting when it was tentatively approved) Mayor Dean opened the public: bearing. Mr. Larry Guy, .~I"UC4ting I ~ Development, said there were IS parking ".ces. not 16 as stated in the staffreport. He said that park ðedrtioo fœs would be S9,OOO per unit, whic:h mmed too high. The Community Develo :meøt DiRctor said those fees reflected -...tsud fomuIas based on land value, but there was an apptaI procas available. Burnett said be still I"",~.ed staft"1 origina1 proposal and thought there should have been "t-h.~.",- He was opposed to the project. Dean said be preferred only fOlD' units. Sorensen moved to grant a negative dec:1aration for 3-GPA-93. Koppel seconded and the motioo carried 4-1 with Dean voting no. . Sorensen moved to approve the appIic:ation per Planning Commission Resolution No. 4557. Koppel seconded and the motion carried 3-2 with Burnett and Dean voting no. Sorensen moved to adopt Resolution No. 9248. Koppel seconded æ-.d the motion carried 3-2 with Burnett and Dean voting no. So.ensen moved to grant a ~ve dec:Janlion for S-U-94. Koppel seconded and the motioo carried 3-2 with Bumcu aod Dean voting no. Sorensen moved to approve the application per pl......ing Commission Raolution No. 4558, with the following c~ Cœdition No.2 of the Approved Exhibi1s is modified to inc1ude a ~ toWDhome cb~ and the""""fiM plmB as fol1ows: Site plan (sheet I) dated 10124.'94, Ooor plan (sher. 2) aod exterior elevations (sheets 3. 4 and 5) dated 11124.'94; Site 8eçûon (sheet 6) dated 101251194); and Condition No. 3 (f'¡.~ approving the project with fiA-n parking pllk'a. with each unit having. twn-car ax:losed garage. Koppel SC> -oo"""cl and the Jnotion (;,II.;ed 3-2 with Bumcu and Dean voting no. 13. Applications 81,161 and 19-EA-94 - City of Cupertino. AIIV"ftdm..-·,I.. to Sec:tion 18-1602.10 lea,aadiaa Park Dedic:alion 0..1:....,.,.... Credit Section. Eøv;.001"~,,,,,1 DeterminaIion: The pl......il'lg Commicånn reconuneuds the IS'~ of . Negative Dcc:1aI1IIion. Recommeoded for 8ppIO\-a1. . (a) First r-dil1g of Ordinance No. 1674: "An Ordinar.ce of the City Council of the City of Cupertino Amending the Park Dedication Ordinance, Section 18-1602.l0.~ December 5,1994 cupertino City Council Page 7 . Mayor Dean opened the public hearing. Mr. AI HoffiDan played a tape recording from Mr. Ferokh Dcboo. Mr. Debao asked that Council better define the phrase "in the public inten:st. to He also felt !bat 50% part c:mIit was too rigid and there sbould be intermediate percentages awarded at Council's discretion, or upon completion of certain steps. IÙlIl,ct¡! said it wou1d be too difficult to negotiate different percentages and he supported the cunent proposal. Burnett said be did not like the dedication relief policy at all. especially since the recreation areas were for residents only and not open to the public. Hc said Council should recoosider whether a part credit be allowed at all. Koppel moved to (1) Grant a negative declaration and; (2) Approve the application per P1anning Commission Resolution No. 4572, with an amendment to strikc the words " that it is in the public interest to do so, and... to Sorensen seconded and the motion canied 3-2 with Burnett and Bautista voting DO. . The City Clerk read the title of the ordinance. Sorensen moved to read the ordinance by titlc only, and that the City Clerk's reading constitute the first f"""!il1g thereof. Koppel seconded and the motion canied 5-0. 14. Public bearing to bear objections to the proposed destruction or removal of weeds. (a) Resolution No. 9249: Ordering abatement of public nUÌS8:x:e. Mayor Dean opened the public bearing. Mr. Fred Steiner, 1023 In..eanas Way, Sunnyvale, said he was cited for w.:eds on a pøn:el west of Stevens Canyon road. He was conœmed about destroying all the vegetation over 6 inches high becm.- of erosion problems on the steep slope. He added that the Fiœ MarsbaI and Public Works ~_bu~dt bad been mos: reasonable and bad worked with him on the problem this year, and be asked that consideration be given to mSllril'lg the requirements more flexible. The City Manager said that staffwould looIt into the wording of the DOtice of ..1>001....·""" . Mr. Tevis Ignacio said the Marcl1 I ð-fli"", for weed abatement fell within the rainy season, and suggested the "-Iline be changed. The City Manager said he would have the Fiœ MarsbaI..odIact Mr. Ignacio to arrangc for an ~KI~...:oo of the deadline on that pøn:el. The City Attorney said the March 1 "-IIi"", is tied into the deadline for imposing charges on tax rolls. Sorensen moved to note the protests and adopt Reoolution No. 9249 ordering the abatement of a public nuisance. Koppel seconded and the motion canied 5-0. . . . . December S, 1994 cupertino City Council Page' UNFINISHED BUSINESS I S. Review of meeting calendar for Diocese hearings. The Community Development Director said that the Planning Commission would CODIinue _ing on this topic through December and possibly into January. City Council concuned to drop it from their agenda and wait for the pl......ing Commi.mon to finish before the Council hearings are scheduled. NEW BUSINESS 16. Request by Community Housing Developers for additional funding to complete Beardon Drive four-plex acquisition. The Community Development Director reviewed the staff report, and noted that these additional funds will go toward rehabilitating the building to correct code violations. Sorensen moved to approve additional funds in the amount of 557,052, and authorize the City Manager to approve the nece5$8l}' Community Development Block Grant (CDBG) account transfers. Burnett seconded and the motion carried 5-0. COUNCIL REPORTS Koppel said the League of California Cities bas asked for a delegate to a new program called the City Legislative Delegate Program, and said she would be interested in serving since she was a1ready the lepocsœtative on the Cities Association. She said the delegates and legislators would be meeting over the next few months. Council concuned to appoint Koppel as the delegate to the new program. Koppel said the Cities Association would be going to Sacramento to meet with staff members regarding budget items. Also the fteeway signage issues are still under dis..'USSÍon. The Public Works Director bas written a letter to Paul Hensly regarding previously discussed changes on Highway 85 signage. It bas also been mentioned to rCþl---.utatives ftom Gilroy who have no objection to reflecting other cities names in the west valley stretch of 85 as long as Gilroy is still shown in their area. Dean noted that there were still many comp1ain!s about freeway noise and Caltrans is not responding to them. The Public Works Director said that all noise complaints should be referred to Mr. Zeu!Jman at Caltrans who is tracking all the complaints. Discussion followed regarding the citizens groups forming to review the noise issues, as well as a letter ftom the City of Saratoga regarding noise problems. CLOSED SESSION t þ þ , Oeœmber S, 1994 cuoertioo city CouŒil rqc9 At 1:48 p.m. Council went into closed session regarding initiating litigation (Government Code Section S49S6.9(c) -City o/Cupertino v. S. Spirts. et al. At 8;53 p.m. Council ra:oøvcøed in opeD session. The City Attorney _--t that CoonciI bad met in c:1oIed session regarding initiating litigation and agæed to main the law firm of McDonouah HoUand a: Al1en of Sactameøto to initiate and prosccutr an action "'pi_ S. SpiUS et a1. He said that since Council did DOt take . vote in closed session they sbould do so now. Su.......e4 moved to main the law firm as stated. Koppel seconded, and tile moticm carried 5-0. ADJOURNMENT At 8;57 p.m. Council adjourned to Saturday, December 17, 1994, 9:00 a.m. in Conference Room A for. study session on legislative and legal upð~ . dm/J1~~-tL Kim Marie Smith City Clerk