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HomeMy WebLinkAbout05. Draft Minutes DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, March 21, 2006 CUPEIQ1NO ROLL CALL At 5:02 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California. Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang and Council members Patrick Kwok, Orrin Mahoney and Dolly Sandoval. Absent: None. INTERVIEWS At 5:05 p.m. Council convened to Conference Room A, 10300 Torre Avenue, Cupertino, California. 1. Interview applicants for the following Commission vacancies: Parks and Recreation, Housing and Bicycle Pedestrian Council interviewed Margaret Goodrich and Chihua Wei for the Parks and Recreation Commission vacancy. Council appointed Margaret Goodrich to a term ending January 2007. Council interviewed Chihua Wei and Om Talajia for the Housing Commission vacancy. Council appointed Chihua Wei to a term ending January 2007. Council interviewed Scott Fable for the Bicycle Pedestrian Commission vacancy and appointed him to a term ending January 2007. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California and led the Pledge of Allegiance. ROLL CALL Present: Mayor Richard Lowenthal, Vice-Mayor Kris Wang and Council members Patrick Kwok, Orrin Mahoney and Dolly Sandoval. Absent: none. .5- - / March 21, 2006 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS 1. Mayor Lowenthal presented a proclamation to City Clerk Kimberlv Smith for her achievement in completing the third level of the International Institute of the Municipal Clerks (lIMe) Master Municipal Clerk Academv 2. Mayor Lowenthal presented a proclamation to Community Relations Coordinator Laura Domondon Lee for the success of the Block Leader PrOgram. Emma Tully, representing the Future Business Leaders of America chapter at Homestead High School, presented a check for $6,567.38 to Mark McKenna, President of the Cupertino Historical Society. Mayor Lowenthal presented a proclamation to the Future Business Leaders of America (FBLA) chapter at Homestead High School honoring their contributions to the Cupertino Historical Society and their dynamic community organization. POSTPONEMENTS Consider continuing the Vallco ordinances item number 9 to March 22. Consider continuing the Vallco restaurant item number 13 to March 22. WanglKwok moved and seconded to continue these items to March 22nd at 6:00 p.m. Motion carried unanimously. WRITTEN COMMUNICATIONS The following items were distributed at the meeting: · Staff report correcting the location of improvements for item number 7 · An email dated 3/16 ITom Thorisa Yap supporting Item No. 10, Toll Brothers · An email dated 3/21 ITom Keith Murphy opposing Item No.1 0, Toll Brothers · Draft Parks and Recreation Commission minutes ITom March 2 conceming item No. 10 · A comprehensive analysis of tree #174 prepared by arborist Barrie Coates for item No 10 · Sections ITom the Cupertino General Plan on flood hazards and noise pollution for item number 10 · Letter dated 3/20 ITom Schoolhouse Services regarding item No. 10 clarifying the methodology for determining student populations · An email dated 3/21 ITom Jim Moore opposing item No. 12 · A letter ITom Sara Arzeno opposing item No. 12 · An email dated 3/22 from Mahmood Kutubuddin opposing item No. 12 Council discussed briefly the procedure for including received emails under written communications. Staff responded that emails that had been sent to the City Clerk's office directly and received after the packet had been prepared were reported at the meeting. s-;z. March 21, 2006 Cupertino City Council Page 3 ORAL COMMUNICATIONS Kent Squarcia addressed Council regarding the commission eligibility requirements, specifically regarding commission members not being related to city staff. Mr. Lee Song reported on a secret death camp in Northern China and asked Council for a resolution condemning the government there and ITeeing the people. Ruby Elbogen referred to the Vallco issue that was earlier continued to the next night. She was unable to come back but wanted to state that she was against the proposed housing and believed there should be firm reassurances that the wall under discussion remain in perpetuity. Martin Bishop stated that he was the District 5 representative on Disabled Advisory Boards and Commissions and was available to assist the city in related matters. Bei-Shen Sywe stated that he represented a group that was against high density housing and he urged Council to stop all such building in the city. Shilpa Joshi stated that everyone in the city should be noticed concerning major projects, not just the neighbors. Ms. Siaileesaumar, 4th grader, did not support the increase in housing as it could result In overcrowding in the schools. Ishani Joshi, grade school student, also stated her concerns about overcrowding in the schools as a result of additional housing. Anshuel Somar, 6th grader, stated his opposition to building condos as they could result In increased traffic and overcrowding in schools. CONSENT CALENDAR SandovallWang moved and seconded to approve the items on the Consent Calendar as recommended with the exception of item number 8 which was removed for discussion. Ayes: Kwok, Lowenthal, Mahoney, Sandoval and Wang. Noes: none. 4. Approve the minutes ITom the February 7 and 27 and the March 7 and 8 City Council Meetings. 5. Adopt resolutions accepting accounts pavable for March 3 and 10, Resolutions Nos. Numbers 06-053 and 06-054. 6. Adopt a resolution accepting payroll for March 10, Resolution Number 06-055. 7. Accept municipal improvements for Hunter Properties (curb, gutter, driveway and sidewalk) at the Town Center Project, Buildings R&G at 10251 and 10271 Torre Avenue. S-.] March 21, 2006 Cupertino City Council Page 4 ITEM REMOVED FROM THE CONSENT CALENDAR 8. Receive a check in the amount of $4,000 ITom the DeAnza Youth Soccer League for the maintenance of Cupertino athletic fields. Kwok asked if this money was part of the agreement in place to maintain the fields. Staff responded that this money was an extra donation and not part of the required maintenance funds. Council discussed the appropriateness of accepting these funds in light of various development projects under discussion. Kwok/Wang moved and seconded to reject the donation and send a letter ITom the Mayor thanking the soccer league but advising them that it was not appropriate for the Council to accept the donation at this time. PUBLIC HEARING 9. Vallco Ordinances (Continued ITom March 8) a) Conduct the second reading of Ordinance No. 1975: "An Ordinance of the City Council of the City of Cupertino Rezoning of a 5.19-Acre Parcel From Planned Development (Regional Shopping) to Planned Development (Regional Shopping/Residential) at 10123 N. Wolfe Road." (Vallco) b) Conduct the second reading of Ordinance No. 1976: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (1-DA-90) to Encompass the Development Proposed in U-2205-16, ASA-2205-11, Z-2005-05 and TR-2005-04 for a 137 Unit, Two-and Three Story Residential Condominium Development at 10123 N. Wolfe Road." (Vallco) These items were continued to the March 22 meeting at 6:00 p.m. 10. Consider application Nos. U-2005-15, EXC-2005-18, TM-2005-04, Z-2005-04 (EA-2005- 17), Kelly Snider (Toll Brothers), Stevens Creek Blvd. at Finch Avenue, APN Nos. 316-20- 074,316-20-078,316-20-079,316-20-085. (continued ITom February 7): a) Mitigated Negative Declaration b) Use Permit for a mixed-use development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5 acre public park c) Exceptions ITom the Heart of the City plan to allow for an average 35-foot ITont setback along Stevens Creek Boulevard for the commercial shopping Center :)-'1 March 21, 2006 Cupertino City Council Page 5 d) Tentative Map to subdivide 4 parcels (approximately 26 acres) into 6 parcels for a residential and commercial development consisting of approximately 113,000 square feet of retail shopping center, up to 399 residential units and a 3.5-acre public park. e) Rezoning to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 380 residential units and a 3.5-acre public park. Conduct the second reading of Ordinance No. 1977: "An Ordinance of the City of Cupertino Rezoning of a 32.58 Gross Acre Parcel ITom Planned P(Res,Com), and Public Park, PR, Located at North of Stevens Creek Boulevard and South of 1-280 Between Tantau Avenue and Finch Avenue." Community Development Director Steve Piasecki presented his PowerPoint staff report. Specifically he noted that the Planning Commission found that the applicant had addressed all of the site plan, park and miscellaneous changes requested by Council at their February 7th meeting. The Planning Commission also requested the Council make the following changes: 1) Architecture and Site Approval should return to the Planning Commission for review; 2) The Aleppo Pine should be preserved to the maximum extent possible; 3) The project should provide sufficient onsite bicycle paths and parking; 4) A transportation demand management plan should be implemented if future parking problems are observed; 5) The proposed senior apartment units should be enlarged in size or increased in unit count; and 6) The applicant should provide funding to purchase the .5 acre site in Rancho Rinconada for a park. The Parks and Recreation Commission concurred with the Council's direction on the 3.5-acre contiguous park design. They also believed the neighbors in the area should have the opportunity to review the park design and that the creek trail adjacent to the Calabazas Creek should be designed and constructed as part of this project. Applicant Rick Nelson ITom Toll Brothers made a PowerPoint presentation addressing the following issues: reduced the height of East Terrace ITom 4-story to 3-story and reduced the units ITom 118 to 101; provided pedestrian access along Tantau and Stevens Creek Boulevard; provided 3.5-acre contiguous park; transferred density to the north side; provided additional parking along Vallco Parkway; provided 300 units with 80 for senior low-income housing; provided 30 feet of retail setback on Stevens Creek Boulevard; provided a retail link to Vallco; provided .6 acre for pool and clubhouse; provided for active streetscapes, water features, passive light, seat wall, rose gardens, etc.; updated Master Plan (retail - 8.37 acres, parks - 3.5 acres, residential 11.37 acres and senior housing - 2.13 acres); updated Master Landscape Site Plan; provided additional parking; retained pedestrian connections to Menlo Equities and Rosebowl sites; provided favorable senior housing comparison with other senior housing in the city; revised site breakdown; provided improved public parkland; provided $320,000 new revenue to City's general fund; provided $100,000 new public art; provided below market rate housing; provided pedestrian and bicycle trails; provided open space; and provided public community room. S-S" March 21, 2006 Cupertino City Council Page 6 Mr. Nelson raised two matters for Council consideration. First, regarding the request for additional park land, he believed they had already provided for enough park land in this project. He suggested that the City had funds available if they wanted to provide for more park land. Second, he questioned whether a shuttle bus for seniors was feasible and needed since the project had close proximity to public transportation and shopping. He noted that they would consider providing a capital contribution toward the purchase of a van should Council think such additional transportation was needed. Ken Rodriques, project architect, explained that in a typical retail project 24-26% was for building area with the remaining approximately 75% dedicated to walkways, parking, access and landscaping. Jack Bariteau, retail developer for project, noted that the applicant had consulted with them about 18 months ago when Council had requested retail be included in this project. He commended Toll Brothers and the Council for all of their efforts on this project. Mr. Bariteau believed this project was an exceptional opportunity for the city. Barrie Coates, arborist, addressed the issue of the sycamore tree (#174). He did not recommend keeping this tree as it had a hollow trunk, cavities and fungus. He noted that it might live as much as 50 years but within 5 years would be deemed dangerous as it would start to fall apart. Regarding the pine tree, he noted that it was a healthy tree and the limbs over Stevens Creek could be removed. He did note, however, that this tree would need space at its base (at least 20' in all directions) to protect the tree. Mayor Lowenthal opened the public hearing at 8:33 p.m. The following spoke in favor of the project: · Charlie Ahern · John Giovanola · Marilyn Howard · Anne Ng · Marks Burns · Shiloh Ballard (representing Silicon Valley Leadership Group) · ShaWlla Holmes (on behalf of Hewlett Packard) · Mark McKenna (representing Cupertino Chamber of Commerce) · Al DiFrancesco Their comments included: · Provided Senior Low Income Housing · Addressed parking and traffic issues · Provided park lands · Used Green Building principles · Higher density in housing equaled lower impact on schools · Project balanced current and future needs of community s-c, March 21, 2006 Cupertino City Council Page 7 · Addressed housing needs · Provided retail sales tax · Good neighbor to surrounding areas · Good use for vacant land · Developer worked with community · Sierra Club approval · Compact transit-oriented development The following spoke against the project: · Helen Luk · Keith Murphy · Dennis Whitaker · Jennifer Griffin · Julie Bay · Jinsong Liau · Bei Shen Sywe (representing 50 people) · Shilpa Joshi · Rahul Vadodkar · Lisa Warren · Darrel Lum · Lloyd Martin · Shuyi Chen · Alok Gupta Their comments included: · Flooding issues - part of flood zone · Water pollution issues · Need for an environmental impact report · Negative impact on schools · Concerns regarding trees, specifically saving the sycamore tree and the Aleppo Pine · City does not need the money · Property can be put to better use - possible donation for public park land · Traffic concerns · Commercial use a better option · Excessive high density housing on too many current projects One of the issues also raised by some who spoke against the project was the possibility of a conflict of interest on the part of Councilmember Mahoney regarding this project. They pointed out that he had worked for Hewlett Packard and should therefore step down ITom voting on this issue. Councilmember Mahoney stated that he had reviewed his work relationship with Hewlett Packard with the City Attorney and the matter had also been reviewed by the Fair Political Practices Commission. This included not only his past career with Hewlett Packard but also his current consulting agreement with them. It had been determined that there was no conflict of interest. Mayor Lowenthal closed the public hearing at 9:25 p.m. $-7 March 21, 2006 Cupertino City Council Page 8 City Attorney Chuck Kilian confirmed with the applicant that they were offering $300,000 above what they were required to pay to mitigate the impact on the school districts. These monies would be paid prior to issuing the building permits for the project. The City Attorney also requested confirmation ITom the applicant that these monies were not being requested by the city and they were not required by law. Furthermore, the applicant would state that he waived protection under said law. Rick Nelson, Toll Brothers, reaffirmed that they were offering to pay $300,000 in addition to what they were required to pay to mitigate the impact on the school districts. They understood this was not being requested by the city and was not required by law and they waived protection under said law. A Bridge Housing Corporation representative addressed the questions raised by Council concerning the rules governing the number of people living in a senior housing unit. He stated that there were regulations on a number of different levels concerning senior housing and in addition there would be on-site management. Specifically, children were not allowed to live in senior housing. Councilmember Sandoval stated that she was most impressed with the environmental aspects of this project, including the connectivity to Vallco and Menlo Equities, bicycle paths and creek trails. She also noted the following positive aspects of this project: safe pedestrian access and bicycle paths, a 3.5-acre public park, senior housing, retail opportunities, good neighbor to schools and ECO passes. Mayor Pro Tem Wang stated her concerns about this project: not enough senior housing, density of senior housing should be reduced, corridor between project and Vallco not sufficient, housing north of the pool should be eliminated, traffic, project should be limited to 300 residential units as originally stated and the negative impact on schools. Councilmember Kwok stated he did not like the design of this project (in part the park should be moved), it was not the right project for this site, the connectivity to Vallco and Menlo Equities was not there and the density of the project was too much. He also questioned whether the city services could take care of the impact of this project. Councilmember Mahoney believed this was a good project for the city in that it provided the benefits of senior housing, retail opportunities and a park. Mayor Lowenthal stated his support of this project stating that it was of great benefit to the current residents of Cupertino. It provided a park, retail, 300 residential units, 80 senior units and a community room. Mahoney/Sandoval moved and seconded to remove the condition to preserve the sycamore tree (#174) and to replace it with 3-4 fully-grown oak trees planted in a highly visible, public location. The motion carried with Kwok voting no. s-! March 21, 2006 Cupertino City Council Page 9 SandovallKwok moved and seconded to have the Homeowners Association purchase ECO passes for future residents, one per unit (ITee transportation ITom the Valley Transit Authority). The motion carried unanimously. Sandoval/Mahoney moved and seconded to have the applicant give the city the funds to either purchase a 12-person vehicle for a senior shuttle program or use the money to subsidize contracting out the program. Kwok added an amendment approving only the staff recommendation on this issue. Sandoval did not accept the amendment. The original motion carried unanimously. KwoklMahoney moved and seconded to state that the commercial delivery and trash pick up hours would be limited to 9:00 a.m. to 7:00 p.m. weekends and holidays and to state that there would be a community garden. The motion carried unanimously. Sandoval/Kwok moved and seconded to have public and pedestrian access to the parks and villas. The motion carried unanimously. Mahoney/Kwok moved and seconded to eliminate sections c, d and e ITom Condition #48 as stated in Planning Commission Resolution No. 6368. The motion carried unanimously. Sandoval/Kwok moved and seconded that the applicant had voluntarily agreed to allow a condition be placed on the approval of the use permit that says at the time of building permit approval, the applicant will show that the applicant has paid the school district the pro-rata share of $300,000 prior to issuance of the building permit. The motion carried unanimously. KwoklSandoval moved and seconded to adopt numbers 1, 2 and 3 of the Planning Commission minute action No. 6380 with language added to number 3 that the project should provide sufficient on-site bicycle paths and parking to be approved by the Architectural Site Approval Committee. The motion carried unanimously. KwoklSandoval moved and seconded that a transportation demand management plan should be implemented if a future parking problem is observed. The motion carried unanimously. Sandoval/Mahoney moved and seconded to adopt the mitigated negative declaration. The motion carried unanimously. Sandoval/Mahoney moved and seconded to approve a use permit for a mixed-use development consisting of 115,600 square feet of commercial shopping center with 380 residential units and a 3.5-acre park with conditions to the use permit as amended by the Council at this meeting. Wang/Kwok made an amendment for 300 total residential units. The motion failed with Wang and Kwok voting yes. The original motion carried with Wang and Kwok voting no. ,s-c¡ March 21, 2006 Cupertino City Council Page 10 Sandoval/Mahoney moved and seconded to approve the exceptions ITom the Heart of the City allowing for an average of a 35-foot setback (with a minimum of 30 feet) along Stevens Creek Boulevard. Motion carried with Wang and Kwok voting no. Sandoval/Mahoney moved and seconded to approve a tentative map to subdivide 4 parcels (approximately 26 acres) into 6 parcels for a residential and commercial development consisting of 115,600 square feet of retail shopping center, up to 380 residential units (80 to be Senior Housing) and a 3.5-acre public park. The motion carried with Wang and Kwok voting no. Sandoval/Mahoney moved and seconded to read Ordinance 1977 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Sandoval and Mahoney. Noes: Kwok and Wang. Sandoval/Mahoney moved and seconded to enact Ordinance #1977. Ayes: Lowenthal, Sandoval and Mahoney. Noes: Kwok and Wang. Council moved Item 12 forward on the agenda and with the concurrence of the applicant agreed to continue this item to the March 22 meeting at 5:30 p.m. 11. Consider the Cupertino Community Development Block Grant (CDBG) Programs: a) Adopt a resolution approving the Consolidated Plan, Resolution No. 06-05 (continued ITom March 7) Sandoval/Kwok moved and seconded to adopt Resolution No. 06-056 approving the 2006- 09 Consolidated Plan and authorizing the City Manager to submit said plan to HUD with the following change: page 23, last paragraph, sentence should read: "Projects of 7 or more units must provide on-site BMR units." The motion passed unanimously. b) First of two public hearings regarding the use of fourth program year (2006-07) Community Development Block Grant (CDBG) funds and Human Service grants and begin review of the 2006-07 Annual Action Plan Senior Planner, Vera Gil reviewed the recommendations ITom the CDBG Steering Committee. It was noted that requests ITom new agencies were not recommended by the committee due to budget restrictions. Wang suggested adding a column showing the amount requested in addition to the amount recommended for approval. Sandoval noted that the comments regarding the lack of representation at meetings by the Support Network for Battered Women should be deleted as they had been undergoing management changes and were present at this meeting. The following thanked Council for their support: Linda Lyon (Second Harvest Food Bank), Ragan Henninger (Emergency Housing Consortium), Naomi Nakano- Matsumoto (Cupertino Community Services), Gail Easton (Support Network for Battered Women), 5-/0 March 21, 2006 Cupertino City Council Page 11 Georgia Bacil (Senior Adults Legal Assistance) and Colleen Hudgen (Live Oak Adult Day Services) 12. Consider an appeal of the Planning Commission's decision to deny a modification to a Tentative Map (TM-2005-03) to provide access for Lot 2 ITom Lindy Lane application No. M-2005-04, Bret Moxley (Knopp residence), 21925 Lindy Lane, APN No. 356-25-014. The appellant is John Knopp. This item was continued to March 22 at 5:30 p.m. UNFINISHED BUSINESS NEW BUSINESS 13. Consider Application Nos. U-2006-02, ASA2006-04 (EA-2006-04) for Vallco Restaurants, Mike Rohde (Vallco Fashion Park), 10123 N. Wolfe Road, APN No. 316-20-064. a) Negative Declaration b) Use Permit and Architectural and Site approval applications to construct a 5,910 square foot restaurant (Islands Restaurant) and a 6.020 square foot restaurant (California Pizza Kitchen) on the northwest corner of Stevens Creek Boulevard and N. Wolfe Road This item was continued to the March 22nd meeting. 14. Consider scheduling a studv session on April 4. at 5:30 p.m. to continue the discussion about industrial business in Cupertino. Jennifer Griffin commented on the importance of holding a study session on changes in neighborhood development. She expressed her concerns about converting industrial land to housing specifically as related to the negative impacts on schools. ORDINANCES 15. Conduct the second reading of Ordinance No. 1979: "An Ordinance ofthe Council of the City of Cupertino Amending Chapter 16.28 of the Cupertino Code Related to Regulations Affecting Fences." City Municipal Staff reported that the following two changes had been made to the Ordinance at Council's request: I) removed the language waiving fees on fence exceptions; and 2) added language requiring gates to have a minimum 30 foot setback ITom the ITont and/or street side property lines, which would prevent gates along residential street ITontages. KwoklSandoval moved and seconded to read the ordinance by title only and that the f)-II March 21, 2006 Cupertino City Council Page 12 City Clerk's reading would constitute the second reading thereof. Ayes: Kwok, Lowenthal, Mahoney, Sandoval and Wang. Noes: None Kwok/Sandoval moved and seconded to enact Ordinance No. 1979. Ayes: Kwok, Lowenthal, Mahoney, Sandoval and Wang. Noes: None STAFF REPORTS 16. Report on City's Fiscal Strategic Plan This report will be available for the April 4 Study Session on industrial business in Cupertino. 17. Receive status report on General Fund Revenue and Expenditures Administrative Services Director Carol Atwood stated that the General Fund Revenues were tracking on budget with two revenues better than budget (permits and charges for services). She also noted that expenditures were tracking on budget. COUNCIL REPORTS ADJOURNMENT At 12.15 a.m. the meeting was adjourned to an Adjourned Regular Meeting on March 22 at 5:30 p.m. Kimberly Smith, City Clerk 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 and Minutes/City Council/Packets. Most Council meetings are shown live on Cable Channel 26 and are available at your convenience ITom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library or may be purchased ITom the Cupertino City Channel, 777- 2364. .s-- /,¿ DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, March 22,2006 CUPEIQ1NO PLEDGE OF ALLEGIANCE At 5:35 p.m. Mayor Richard Lowenthal called the meeting to order in the Council Chambers, 10350 Torre Avenue, Cupertino, California and led the Pledge of Allegiance. ROLL CALL Present: Mayor Lowenthal, Vice-Mayor Kris Wang and Council members Patrick Kwok, Orrin Mahoney and Dolly Sandoval. Absent: None WRITTEN COMMUNICATIONS · An email dated 3/22 ITom Michael Pyle sent to City Attorney Charles Kilian regarding item number 2. · An email dated 3121 ITom Jim Moore regarding item number 1. · An email dated 3/22 ITom Mahmood Kutubuddin regarding item number I. · A site plan regarding Vallco ORAL COMMUNICATIONS Lee Song reported on a death camp in Sujiatun, Shenyang City, Liaoning Province, China. He noted that at least 6,000 Falun Gong followers were being subject to death and the harvesting of human organs. Mr. Song urged the Council to issue a resolution condemning the death camp and urging the immediate release of all remaining prisoners. He further urged everyone to contact President Bush, their Senators and Congressmen to request an immediate international investigation. Jennifer Griffin referred to a decision made at the last Council meeting to replace the sycamore tree on the Toll Brothers' property. She urged Council to consider replacing this tree with one of the same species and to put the replacement near the current location of the tree. Shiloh Ballard said that she worked as a housing advocate for the Silicon Valley Leadership Group. She invited all interested parties to attend a tour on Saturday, May 13 to look at affordable housing in the area. Projects of varying densities in the east side of the valley would be included in the tour. For more information call 408-501-7864 or visit www.svlg.net. 6-13 March 22, 2006 Cupertino City Council Page 2 CONSENT CALENDAR - None PUBLIC HEARINGS I. Consider an ~ of the Planning Commission's decision to deny a modification to a Tentative Map (TM-2005-03) to provide access for Lot 2 from Lindy Lane, Application No. M-2005-04, Bret Moxley (Knopp residence), 21925 Lindy Lane, APN No. 356-25-014. The appellant is John Knopp. (continued ITom March 21) City Planner Cynthia Wordell reviewed the staff report. She said if the General Plan policies 2.53 and 2.56 were to be upheld to maintain the rural character of the hillside, this would be best athieved by utilizing the current easement. She said that the Planning Commission believed the Council's direction had been clear that there were to be no new Lindy Lane driveways as a result of subdivision activity, and the Commission had voted 4-0-0 for denial of the subdivision modification request. Appellant John Knopp noted that they had purchased the property 29 years ago and their decision to subdivide the property was part of their retirement plan. Their two options were to use an easement ITom the Schmidt's property or use access off Lindy Lane. While there was an unrestricted easement on the Schmidt's property, the Schmidt's were opposing the Knopp's use of the easement, citing too much traffic as a concern. Knopp said that without access off Lindy Lane, their property would be landlocked, which was affecting their ability to sell the second lot. He said the only remaining option would be to go to court, which he would prefer not to do, and so he was appealing to Council for Lindy Lane access. Mr. Knopp said there were no technical objections to the proposed driveway, and there would be no damage to the existing trees, and the driveway would provide better access for emergency vehicles. Ron Berti commented that this additional driveway off Lindy Lane would result in three driveways right next to each other. He believed this caused visual clutter and was also a safety issue. Mr. Berti noted that there was another option for a driveway to the west of the proposed driveway, but he acknowledged that this option was steeper and might require a retaining wall. Marion Schmidt stated that they had sold the lot 40 years ago and it was understood that if it was ever subdivided, access would be off Lindy Lane. She further stated that the increased traffic ITom having three families access their driveway would provide hardship to them. Jennifer Griffin urged protection of the oak trees on the proposed driveway off Lindy Lane. She referred to a new rubber material that had been used in the city for sidewalks and suggested this might be an option for the driveway because it would not negatively impact the existing trees. She also commented that the proposed 18 foot width of the driveway was excessive. John and Julia James did not support another driveway off Lindy Lane and stated their concern about the trees. S--/~ March 22, 2006 Cupertino City Council Page 3 Simon Ko noted that this was a difficult neighborhood situation and he hoped that the neighbors would be able to work something out. He also noted that the 18 foot driveway was excessIve. Charlie and Candan Taysi urged that this appeal be denied. They suggested that there was already a fourth driveway off Lindy Lane which could be used. The proposed driveway resulted in a negative impact on the rural atmosphere and the trees. Karen Knopp stated that when they had applied for their subdivision they had been told access off Lindy Lane was possible and would provide good access for emergency vehicles. She noted that this subdivision would result in only one more home and that no further development would take place, so it would still be a rural neighborhood. They had tried to .work this situation out with their neighbors but had been unable to do so, and she asked Council to grant the appeal. Council members stated that it was important to maintain the rural atmosphere of Lindy Lane, and it was also important to be consistent because others had been told they could not have access off Lindy Lane when developing. This was a dispute between neighbors which could not be resolved by Council. Wang/Mahoney moved and seconded to deny the appeal of the Planning Commission's decision to deny a modification to a Tentative Map (TM-2005-03) to provide access for Lot 2 ITom Lindy Lane. The motion passed unanimously. ORAL COMMUNICATIONS (continued) Lloyd Martin referred to the letter sent to the Fair Political Practices Commission concerning Councilmember Mahoney's business relationship with Hewlett Packard. Mr. Martin did not believe that this letter contained all of the facts pertaining to this possible conflict of interest situation such as the length of employment history, pension information, etc. Mr. Martin believed full disclosure was important. Councilmember Mahoney stated that he had made an unbiased decision regarding the Toll Brothers' project and he stood by his decision. PUBLIC HEARINGS (continued) 2. Vallco ordinances (continued ITom March 21) a) Conduct the second reading of Ordinance No. 1975: "An Ordinance of the City Council of the City of Cupertino Rezoning a 5. 19-Acre Parcel From Planned Development (Regional Shopping) to Planned Development (Regional Shopping/Residential) at 10123 N. Wolfe Road." (Vallco) S-IS March 22, 2006 Cupertino City Council Page 4 b) Conduct the second reading of Ordinance No. 1976: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (I-DA-90) to Encompass the Development Proposed in U-2005-16, ASA-2995-11, Z-2005-05 and TR-2005-04 for a 137 Unit, Two and Three Story Residential Condominium Development at 10123 N. Wolfe Road." (Vallco) Senior Planner Aki Honda reported that the applicant had provided the following items requested by Council at their 2/27/06 meeting: I) Signed copies of REAs (real estate agreements) between Vallco and Sears and JC Penney; 2) Draft CC&R language, approved by the City Attorney as to form, to maintain the existing sound wall along the western perimeter of the property; and 3) The design for the parking garage showing a maximum height of 32 feet, with parking spaces numbering 560 instead of 746. City Planner Cynthia Wordell presented diagrams of the parking structure. Director of Administrative Services Carol Atwood presented an overview of the fiscal impact of this project and said that the condos were an integral part of this project to help make it feasible. She said that the developer was projecting retail sales tax at $450 per square foot, and that staff had reevaluated this number to $385 per square foot. This would generate to the city an additional $4.2 million per year into the General Fund, and over the next 30 years the redevelopment project would provide additional tax increments to the city, of which $24 million would be generated for housing set-aside monies (low and very low income housing) and $49 million would be generated back into the regional mall for economic development. Mike Rohde, Vallco Fashion Park Representative, stated that the Vallco project was an innovative mixed use project which would provide an energetic, cosmopolitan experience and connectivity between housing and retail as well as generating sales tax and providing jobs. Mr. Rohde commented that five other developers had already attempted revitalization projects at Vallco and he urged Council to approve the plans for this important part of the city. Emily Chen, Vallco International LLC, stated that in addition to the financial aspects of this project, of primary importance to them was having this opportunity to contribute to the community. She noted that this was a turning point for this project because the condos were the last piece of the total design for Vallco. Ms. Chen noted that this project involved private funding only, and no bonds. The following spoke in favor of the Vallco application for housing: Ann Woo (Director of Art Center in Vallco) Hamid Abtaini (speaking also for Sung Kim and Choong Kim) Robert Dejpour Bobby Montanye Jian Chen (Director of New Concepts day care) 5-1(, March 22, 2006 Cupertino City Council Page 5 Linh Nging Paul Mahamongkol Frank Ho John Laine Yuan-Sing Chang Daniel Friedeberg Rich Tygerson Anna Tang Tenny Tsai Mark McKenna (representing the Cupertino Chamber of Commerce) Jerry Nelson Their comments included: · City will benefit ITom Vallco revitalization · Local shopping important; it will help the business community · Creates jobs and provides local entertainment · Well located, well designed · Portion of the site will be dedicated for day care center · Mixed use (housing and retail) good idea, and an urban living environment is a trend of the times · Supported by many residents (petitions circulated) - those at meeting are not representative of all in the city · Wall could be totally landscaped for mitigation · Parking issues had been resolved · Condos are one piece of the project - without condos the project is in jeopardy · Brings housing to jobs · Builds community in Cupertino The following spoke against the Vallco application for housing: Rahul Vadodkar Jennifer Griffin Eleanor Incerpi Edith Pedersen Carol Bunn Rajeev Joshi Lawrence Luk Eric Sun Veronica Lam Linda Chui Shilpa Joshi Al DiFranceso Arthur Lu Linda Soohoo Vipin Samar Ardith West Tom Roellig Helam Luk Lloyd Martin Michael Pyle Chris Hsu William Huang Eva Chow Sherry Ren Michael Chui Juan Chin Julie Bay Danny Luk Shnkar Iyer Lisa Warren ..s--/7 March 22, 2006 Cupertino City Council Page 6 Ed Puccinelli Sue Chang Martin Yu Eric Yang Shuyi Chen Sean Huang Bei-Shen Sywe Michel Gerin Alok Gupta Lucy Tuttle Steven Scharf Rich McGrath Paul Lin Kaw Stuart Chessen Janice Ishii Kathy DiFrancesco Nelson D'Souza Linda Cheung Connie Zhang Edward Deng Varsha Joshi Yi-ke Wang Matt Kernahan Margaret Wang Their comments included: · Cupertino growing too fast - slow down and scale back · Creates an isolated community, not a good location for families · Lack of communication between developer and neighborhoods; the developer will benefit and not the city · Possible conflict of interest on the part of council members · Should not be compared to Santana Row · There is clear opposition to this project - it will be put to a referendum · Loss of property values and negative impacts on the community · It is the developer's responsibility to deal with their financial issues. The condos should not be the break point for the success of this project · Against high density housing, and opposed to condos next to single family homes · Current parking spaces needed for retail · Negative impact on schools, traffic, crime, and the quality oflife · Council should be listening to residents; there is frustration with the public hearing process. This is not a financially sound proposal, and the plan is piecemeal · Covenant regarding wall should include a guarantee for perpetuity that the wall could not be removed. · Supported revitalization of Vall co but opposed to housing because it leaves no room for retail expansion in the future · Is Vallco violating the agreement with AMC? (parking and pedestrian bridge issues) - The AMC lease prohibits housing It was also noted that Patty Chi had submitted a DVD to Council which included statements by 31 residents in opposition to this project. .j- -/.f March 22, 2006 Cupertino City Council Page 7 Three issues were raised during the public hearing that Council clarified. First, there seemed to be a misconception that the housing issue was new to this project. Council confirmed with staff that the 1991 development agreement for this land included a residential entitlement. Thus, there has been some expectation of housing on Vallco land for 15 years. Second, the possibility of a conflict of interest was raised. In response Councilmember K wok stated that he was not related in any way to Emily Chen nor has he received any campaign monies ITom her. Third, a city-wide mailing had been sent regarding this project. Council discussed various issues related to this project including the covenant for the wall. It was agreed that the City Attorney would work with resident Michael Pyle and the developer's attorney Mr. Wong on language that would strengthen this covenant, and if agreement could not be reached this matter would come back to Council. Emily Chen, Vallco International LLC, responded to questions raised by Council concerning the financing of this project. She stated that the bank looked at the entire project when considering the financial backing for this project and the entitlement for 137 condos was needed to give the developers the needed additional $15-$20 million to put into the revitalization. Currently the theatre costs were approximately $60 million and the garage costs $37 million to $45 million. The theatre was not a money-maker for the developer but was critical to the project because it generated business, increased foot traffic and gave interested parties confidence in the project. Ms. Chen noted that the city had required that a theatre had to be built before the Rosebowl project, which had been approved a year earlier, and which was collateral for the bank loan. Councilmember Kwok's comments included: The revitalization ofVallco would bring many public benefits including new jobs, and new entertainment venues; The quality-oflife-issues must be weighed for the immediate neighborhood as well as the entire community. Councilmember Mahoney's comments included: It was the Council's responsibility to promote economic development in the city, not the developer's; if the condos were not approved it put the Vallco project in jeopardy, and the momentum for revitalization project could be lost; he believed the impact ITom traffic would be minimal with the wall remaining in place, and that the visual impact was minimal with mitigation measures such as landscaping. Vic-Mayor Wang's comments included: Condos can't support retail because they would not generate enough shoppers; Cupertino was a suburb, and shouldn't be compared to Santana Row; housing is not a long-term solution to the success of the mall; a day care center would generate even more traffic; and a parking analysis is needed to identify sufficient parking for each venue. Wang also said the increased housing numbers approved in the revised General Plan were for a 10 year period and should not be used all at once. Councilmember Sandoval's comments included: She had voted against this issue at an earlier meeting; she was not in support of a walled-in community and believed there should be pedestrian/bicycle access to provide a safer environment for the children going to school; She believed there was a need for housing in the Cupertino and that this project was good for the economic development of the city and would benefit the entire community. S-/9 March 22, 2006 Cupertino City Council Page 8 Mayor Lowenthal comments included: it was in the best interest of the community to revitalize Vallco and the addition of condos was needed to achieve this goal; there would be a much greater impact on traffic ITom the 3500-seat theatre than ITom 137 condos; there had been consensus to revitalize Vallco and Council had requested the theatre be part of this project; and Cupertino had to comply with ABAG housing requirements and this proposed housing helped meet those goals. Mahoney/Lowenthal moved and seconded to read Ordinance No. 1975 by title only and that the Acting City Clerk's reading would constitute the second reading thereof. Ayes: Mahoney, Lowenthal, Sandoval. Noes: Kwok and Wang Sandoval requested that the BMR units be increased ITom the regular 15% to 20% and that park fees be increased to supplement the General Park Fund. It was noted that the current park dedication fees to be paid by the developer were $1,077,300. Emily Chen, Vallco International LLC, volunteered to add an additional 5% of all BMR one- bedroom units and to pay an additional sum beyond the normal park dedication fees in the amount of $423,000 to be paid in 2010. She also agreed to amend the use permit for this project to reflect these changes. (As a point of clarification it was noted that the regular 15% BMR units were a mix of one - three bedrooms. The 5% increase specifically related to one- bedroom units.) Mahoney/Lowenthal moved and seconded to enact Ordinance No. 1976. Ayes: Mahoney, Lowenthal, Sandoval. Noes: Kwok and Wang Mahoney/Sandoval moved and seconded to continue the second reading of Ordinance No. 1976 to the April 4, 2006, City Council meeting. Motion carried with Kwok voting no. UNFINISHED BUSINESS NEW BUSINESS 3. Consider Application Nos. U-2006-02, ASA2006-04 (EA-2006-04) for Vallco restaurants, Mike Rohde (Vallco Fashion Park), 10123 N. Wolfe Road, APN No.316-20-064 (continued ITom March 21) a) Negative Declaration b) Use Permit and Architectural and Site approval applications to construct a 5,910 square foot restaurant (Islands Restaurant) and a 6,020 square foot restaurant (California Pizza Kitchen) on the northwest corner of Stevens Creek Boulevard and N. Wolfe Road Wang/Kwok moved and seconded to continue Item 3 to the April 4, 2006, City Council meeting. The motion passed unanimously. S-..2-0 March 22, 2006 Cupertino City Council Page 9 ADJOURNMENT The meeting was adjourned at 1: 10 a.m. Kimberly Smith, City Clerk 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 and Minutes/City Council/Packets. Most Council meetings are shown live on Cable Channel 26 and are available at your convenience ITom our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library or may be purchased ITom the Cupertino City Channel, 777-2364. s -.:¿ /