Loading...
CC 03-08-06 I CUPEIQ1NO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, March 8, 2006 ROLL CALL At 6:00 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang, and Council members Patrick Kwok, Orrin Mahoney, and Dolly Sandoval. Absent: none. ORAL COMMUNICATIONS - None Mayor Lowenthal reordered the agenda to discuss adjournment dates next. He said that the Vallco owners had asked for a continuance of their item which was scheduled to be heard on March 9. He noted that the expectation would be to hear the Vallco item on March 22, but that Council couldn't decide that tonight since the item wasn't on the agenda. Kwok/Sandoval moved and seconded to adjourn tonight's meeting to March 21 at 5:00 p.m. Council directed staff to post a notice at the Community Hall, City Hall, and on the website regarding the cancellation of the March 9 meeting. PUBLIC HEARINGS I. Consider Application Nos. U-2005-01, ASA-2005-02, TM-2005-01, Z-2005-01 (EA- 2005-01), Alan Loving (Tavlor Woodrow Homes), Bubb Road and Imperial (a portion of Results Way Corporate Park), APN Nos. 357-18-035, 357-20-041, 042 and 043. (Continued from February 27): a) Mitigated Negative Declaration b) Use Permit to demolish 175,000 square feet of industrial buildings and construct 94 single-family residential units and recreation areas c) Architectural and Site Approval for 94 single-family residential units and recreation areas d) Tentative Map to subdivide a 12-acre site into 94 lots + I held in common March 8, 2006 Cupertino City Council Page 2 e) Rezoning of a 12-acre site from Planned Light Industrial - P(ML) to Planned Residential- PeRes) Conduct the first reading of Ordinance No. 1978: "An Ordinance of the City Council ofthe City of Cupertino Rezoning of a 12-Acre Site from P(ML)(Planned Light Industrial) Zoning District to peRES) (Planned Residential) for a 94-Unit Planned Residential Development on Results Way, West of Bubb Road and East ofImperial Avenue." Mayor Lowenthal said that he felt conflicted about this development for many reasons: I) He lives in the neighborhood where the project is proposed; 2) His daughter goes to Monta Vista High School which is affected by the development and which would receive a large amount of money from the developer if the project were approved; 3) He drives through the traffic in that area everyday; and 4) His neighbors have been talking to him about the development. He said he didn't feel confident that he could be objective on this issue, and recused himself from participating. Assistant City Attorney Eileen Murray said that this conflict had been discussed with the City Attorney's office, and it was determined that there was no conflict of interest financially or in any other way. She noted, however, that where decision- makers feel that they can't make an impartial decision, or if there would be the appearance that they couldn't make an impartial decision, due process required that they recuse themselves. Mayor Lowenthallelì the meeting at 6:10 p.m. and Vice-Mayor Kris Wang took over running the meeting. Dolly Sandoval said for the record that she respects the mayor's decision, but everyone on the Council has issues in their neighborhood that they deal with and it's their job to take all the facts, and make an impartial decision that is hopefully in the best interest of the City. Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint presentation. Rick Hausman, Cupertino Union School District (CUSD) Assistant Superintendent answered questions regarding school impacts on Lincoln and Kennedy schools. He said that either campus would have ample room to house any number of students that could be foreseen for this project and for future growth. He noted that demographers analyze the numbers based on past history and new data. He said that the schools are financially secure for the future as well. Project architect Jim Yee showed a video on the details of the project titled, "The Parks at Monta Vista." He highlighted: March 8, 2006 Cupertino City Council Page 3 · Parkland and open space · The homes would be along the front of the park · Traditional, community architecture with porches · Specimen trees · Pedestrian and bicycle friendly · Water feature with trellis and stone · The homes will front the McClellan Trail creating a sense of neighborhood and community Applicant Phil Mader from Taylor Woodrow Homes made a PowerPoint presentation and highlighted four criteria of the project: I) The schools will not be harmed; 2) Traffic impacts will be addressed; 3) The project is beneficial to the City; 4) The developers will demonstrate public support. At 7:45 p.m. Vice-Mayor Wang opened the public hearing. The following people spoke in favor of the project: Brent Johnson Kathy Robinson Alan Chamorro Eamon Murphy Scott Schultz Carlos Romero Mark Burns James Mullen Beverley Bryant Debbie Mendelson Stanley Tseng Charlie Ahern Dave Rodriguez Paul Fong Their comments included: · The developer addressed all the concerns and needs of the community · The developer is mitigating existing problems, including traffic · A beautiful new neighborhood will be created · The existing buildings are obsolete manufacturing buildings and will be demolished regardless of the outcome of this application · The owner must have the right to develop a property as the times change · Taylor Woodrow has gone over and above what is required and the company has a good reputation · This is an example of where industrial/residential conversion really works · Housing pays for itself, drives retail increases in sales tax, and is a net value to any community · Parks and trails are being added, and improvements are being made to the schools · The project would improve the area's quality of life · 14 Below Market Rate (BMR) homes would be built · 70 more children would have a good education · Lack of new housing has created a division between those who already live here and those who want to live here, and between those who rent March 8, 2006 Cupertino City Council Page 4 · The community needs affordable homes and not more empty office space The following people spoke against the project: Steve Wu Vika Sachdeva Ed Ford Rich Parker Rhoda Fry Bernal Lewis Glen Lynch Robert Yu Laura Genovesi Jennifer Griffin Surendra Muthye Steve Bernstein James Ho Rich Madden David Cheng Champion Chen Dean Sayre Barbara Corriero Cecil Coe Rattehalli Sudesh Hema Kundargi Henry Huang Ben Chia Doris Yeh Louie Liu Philip Tsai Carlos McEvilly Lewis Tseng Patty Chi Shilpa Joshi K.Y.Ho Norm Hackford Diana Wu Sherry Hsu Jun Ma Bee Liew Jill Lin Keith Murphy Danny Kuan Steven Scharf Their comments included: · The land should be preserved for industrial uses · Housing doesn't provide sales tax revenue, and it wouldn't be near public transportation · There was concern about the developer's credibility and accuracy of the information provided · This would not be an affordable development and would create a BMR deficit · There were concerns about worsening the traffic, and no studies have been done to prove that the traffic mitigation measures would work · CC&R language should notifY buyers that their homes are in an industrial/commercial area · Taylor Woodrow hasn't worked with the neighbors in locating the trails as stated in the General Plan; and the homeowners would face safety and privacy issues from proximity to the trails · The schools are already overcrowded · The letter from Paul Fong was misleading and untrue · The timing for the project is bad because Cupertino is growing too fast · Money is the motivator for the developer and the schools March 8, 2006 Cupertino City Council Page 5 · The majority of the supporters don't live in the area, and this project would reduce the quality of life for current residents · Discuss the housing overlay first before industrial business, and consider the long-term fiscal implications of rezoning Fremont Union High School District (FUHSD) Chief Business Officer Geoffrey Kiehl answered questions from Council. He said that the district was satisfied with the agreement made with Taylor Woodrow regarding the student generation from the project and the traffic flow mitigations. He noted that the Board made a careful decision to neither support or oppose the project, and the Board's interest is in the impact on the school district. He said that Monta Vista is slightly over ideal capacity until some facility projects are finished at the school. He said that over time the situation would correct itself, but it's an educated guessing game right now. He commented that any additional dollars generated from projects go directly into the schools. Council was in recess from 9:20 p.m. to 9:31 p.m. At 10:44 p.m. the public hearing was closed. The applicant spoke again and said that most people aren't complaining about the project, but about the schools and the traffic. He noted that they have mitigation measures for both of those issues. He said that Taylor Woodrow would be willing to provide the City with $900,000 to acquire a park site for the Rancho Rinconada neighborhood. In return, the developer asked for a 33% refund as park credit from their park fee of $729,000. He noted that under the park ordinance, they are allowed to receive up to a 50% refund. Sohrab Rashid, traffic con¡mltant, answered questions from Council. He said the bike lane would be on the opposite side from the school drop-off lane. He noted that with mitigation measures planned, traffic flow would be most improved at McClellan and Bubb. Council member comments included: · There is no need to save industrial land when no businesses are asking to either reserve space or increase space · Other uses of the land include smaller offices, big box retail, smaller retail, and churches, but traffic and quality of life would be more impacted by those types of uses · One of the benefits of the project is the traffic mitigation measures that are being planned. The City has not been able to afford these and the project would make them possible · State law states that Council can't take school impacts into account when deciding on approving a development project · The schools say the mitigation measures far outweigh the number of students, and they said they could also absorb many more students March 8, 2006 Cupertino City Council Page 6 · There would be the environmental benefits of tree-filled landscapes and turnkey parks that are maintained by future residents, but open to the whole community · Industrial uses should be maintained, but in the right places throughout the City · Cupertino's top sales tax producers aren't located in industrial areas · The landowner has a right to do certain things with their land, and the Council can only shape how the development happens · McClellan Trail is a potential problem and should be taken out of the plan. · Parking is also a concern · The timing of the traffic scenarios should be set when school starts · For the record, after the 10-year funding cycle runs out for crossing guards and car patrols, the City isn't obligated to continue those services and future arrangements must be worked out between the City and school district · The trail in front of the resident's homes shouldn't be imposed on them · Concern about the conversion of industrial into residential · The development should be placed along the major corridor where there is public transportation · Concern about neighborhood impacts · More people opposed the project than supported it · The schools and traffic are already too congested · Concern over high-density vs. single-family · Suggestion to rezone to RI and reduce the number of units to 45 to help with school and traffic congestion MahoneylKwok moved and seconded to adopt the mitigated negative declaration. The motion carried with Lowenthal absent and Wang voting no. Mahoney/Sandoval moved and seconded to approve the rezoning application. The motion failed with Lowenthal absent, and Wang and Kwok voting no. Since the rezoning application failed, the mitigated negative declaration adoption was moot. ADJOURNMENT At 11:52 p.m. the meeting was adjourned to March 21 at 5:00 p.m. for commission vacancy interviews. The regular meeting will begin at 6:45 p.m. ~~* Grace Schmidt, Deputy City Clerk March 8, 2006 Cupertino City Council Page 7 For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel,777-2364.