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CC Resolution No. 05-090 RESOLUTION NO. 05-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION 04-436, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2005, REQUESTING CONSOLIDATION WITH OTHER NOVEMBER ELECTIONS, AND REQUESTING THAT THE REGISTRAR OF VOTERS CONDUCT THE ELECTION AND CANVASS THE VOTES WHEREAS, November 8, 2005, is the date set by law for a general election for three seats on the city council and any city measure(s); and WHEREAS, the City Clerk is enjoined by law to take all steps necessary for the holding of said election; and WHEREAS, City Council adopted Resolution No. 04-436 calling for a general municipal election in November 2005, requesting consolidation with other November elections, and requesting the Registrar of Voters conduct the election and canvass the votes; and WHEREAS, the City Council wishes to amend the provisions contained in Resolution No. 04-436 to more clearly specify information required by the Registrar of Voters: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, that the provisions adopted by Resolution No. 04-436 are amended as follows: I. A general municipal election is called for November 8, 2005, to fill the three city council seats now occupied by council members Sandra James, Dolores Sandoval, and Patrick Kwok. 2. An election will also be held on November 8 to consider an initiative measure related to housing density. The teKt of the General Plan amemlmsnt related ts hø\lsing density is attaehed as E)¡hibit f.. The measure question and the full text of the measure will be printed in the Voter Information Pamphlet as shown in Exhibit A. 3. An election will also be held on November 8 to consider an initiative measure related to building heights. The te)[t sf the Geneflll Plan amendment related tÐ b\lilding heights is attaehed as EKhibit B. The measure question and the full text of the measure will be printed in the Voter Information Pamphlet as shown in Exhibit B. 4. An election will also be held on November 8 to consider an initiative measure related to building setbacks. The teKt of the General Plan amendment related to b\lilding heights is attached as E)¡hibit B. The measure question and the full text of the measure will be printed in the Voter Iriformation Pamphlet as shown in Exhibit C. 5. Arguments in favor or against the proposed measures shall be filed with the City Clerk by Thursday, August 11,2005, at 5:00 p.m. Arguments are limited to 300 words. Pursuant to Elections Code Section 9219, the persons who filed the initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. Resolution No. 05-090 2 6. Rebuttals to arguments in favor or against the proposed measure shall be filed with the City Clerk by Thursday, August 18,2005, at 5:00 p.m. Rebuttals are limited to 250 words. 7. The City of Cupertino requests that the Registrar of Voters of Santa Clara County conduct the elections and canvass the returns. The Registrar shall be reimbursed for all costs incurred by said services. 8. The City of Cupertino requests that said elections be consolidated with other November elections and that this governing body consents to such consolidation; 9. The City Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a copy hereof so certified to the Registrar of Voters and to the Board of Supervisors of Santa Clara County. 10. The City Clerk is authorized and directed to publish a notice of election within the time and in the manner specified in the California Elections Code 12111. ii. The Voter information Pamphlet will include an impartial analysis of each measure, prepared by the City Attorney. i2. The Voter Information Pamphlet and ballots shall include "black diamond" indicators and footnote wording that explains that candidates marked with a black diamond have agreed to abide by the expenditure limits of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Kwok, Lowenthal, Sandoval, Wang, James None None None ~~{y. ,~-tI- City Clerk ATTEST: Mayor, City ofCupertl Resolution No. 05-090 3 EXHIBIT A MEASURE QUESTION: Shall the City of Cupertino adopt an amendment to the General Plan concerning housing density? YES NO FULL TEXT OF MEASURE WORDING: Part I: Title and Effect Amendment to the General Plan Concerning Housing Density Part II: Purpose and Findings The people of the City of Cupertino find and declare as follows: I. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center. 2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality oflife. 3. Continued rapid growth is also a concern to the people ofthe city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth. 4. Sensible growth management, such as is contained in this initiative amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino. Part III: Growth Controls Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of mixed-use facilities and/or residences shall limit the density to a maximum of 15 dwelling units per net acre. As used herein, "net acre" refers to the area of a site contained within the property lines, excluding any portion of a site within the right of way of a public street. An exception to this provision may be granted only if first approved by city voters in an election. Part IV: Exceptions A. Vallco Park The Vallco Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Boulevard), which make up its perimeter. Resolution No. 05-090 4 The Vallco Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of mixed-use facilities and/or residences shall limit the density to a maximum of 30 dwelling units per net acre. B. Residential Single, duplex, triplex, and fourplex, as defined as of I February 2004, are exempted from the limitations in this amendment. C. Existing Buildings Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (I) they do not exceed their original housing densities or (2) they comply with the limitations in this amendment. Part V: Existing Law This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that voters may directly repeal or alter this amendment in an election. Part VI: Severability If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Part VII: Additional Requirements Nothing in this amendment prevents the Cupertino City Council, or an existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment. Resolution No. 05-090 5 EXHIBIT B MEASURE QUESTION. Shall the City of Cupertino adopt an amendment to the General Plan concerning building heights? YES NO FULL TEXT OF MEASURE: Part I: Title and Effect Amendment to the General Plan Concerning Building Height Part II: Purpose and Findings I. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center. 2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality oflife. 3. Continued rapid growth is also a concern to the people of the city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth. 4. Sensible growth management, such as is contained in this initiative amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino. Part III: Growth Controls Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require building heights not to exceed a maximum height of36 feet. The height is measured from grade level to the highest point of the building structure. An exception to this provision may be granted only if flIst approved by city voters in an election. Part IV: Exceptions A. ValIco Park The Valko Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Boulevard), which make up its perimeter. Resolution No. 05-090 6 The Vallco Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require building heights not to exceed 45 feet. The height is measured from grade level to the highest point of the building structure. B. Wolfe Road Commercial Corridor The Wolfe Road Commercial Corridor is the area within 500 feet of the centerline of Wolfe Road, starting at the point 500 feet north of Stevens Creek Boulevard on its southern end and extending northward to Highway 280. The Wolfe Road Commercial Corridor is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of residences and/or mixed-use facilities shall require that building heights not exceed 45 feet. C. Residential Single, duplex, triplex, and fourplex units, as defmed as of I February 2004, are exempted from the limitations in this amendment. D. Existing Buildings Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (I) they do not exceed their original heights and setbacks or (2) any added portions of their structures comply with the limitations in this amendment. Part V: Existing Law This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that voters may directly repeal or alter this amendment in an election. Part VI: Severability If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Part VII: Additional Requirements Nothing in this amendment prevents the Cupertino City Council, or any existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment. Resolution No. 05-090 7 EXHIBIT C MEASURE QUESTION. Shall the City of Cupertino adopt an amendment to the General Plan concerning building setbacks? YES NO FULL TEXT OF MEASURE: Part I: Title and Effect Amendment to General Plan Concerning Setbacks Part II: Purpose and Findings The people of the City of Cupertino find and declare as follows: I. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center. 2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality of life. 3. Continued rapid growth is also a concern to the people of the city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth. 4. Sensible growth management, such as is contained in this initiative amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino. Part III: Growth Controls Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require buildings to have minimum street setbacks of35 feet, or the distance determined from a 1.5 to I slope line ratio measured from the nearest curb line(s) of adjacent public street(s), whichever is greater. An exception to this provision may be granted only if first approved by city voters in an election. Part IV: Exceptions A. VaIlco Park The Vallco Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Boulevard), which make up its perimeter. Resolution No. 05-090 8 The Vallco Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require that buildings have minimum street setbacks in accordance with I to I slope line ratios measured from the nearest curb line(s) of a public street(s). B. Wolfe Road Commercial Corridor The Wolfe Road Commercial Corridor is the area within 500 feet of the centerline of Wolfe Road, starting at the point 500 feet north of Stevens Creek Boulevard on its southern end and extending northward to Highway 280. The Wolfe Road Commercial Corridor is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of residences and/or mixed-use facilities shall require that buildings have minimum street setbacks in accordance with I to I slope line ratios measured from the nearest curb line(s) of a public street(s). C. Residential Single, duplex, triplex, and fourplex units, as defined as of I February 2004, are exempted from the limitations in this amendment. D. Existing Buildings Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (I) they adhere to their originally authorized setbacks or (2) any added portions of their structures comply with the limitations in this amendment. Part V; Existing Law This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that voters may directly repeal or alter this amendment in an election. Part VI; Severability If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Resolution No. 05-090 9 Part VII: Additional Requirements Nothing in this amendment prevents the Cupertino City Council, or any existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment.