01-04-11 Bookmarked Agenda.pdf
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, January 4, 2011
6:45 PM
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION
CEREMONIAL MATTERS – PRESENTATIONS
1. Subject: Proclamation for FIRST 5 for their important work in children’s health and well-
being
Recommended Action: Present proclamation
Page: No written materials in packet
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
6:50 (10)
7:00 (10)
Tuesday, January 4, 2011 Cupertino City Council
Cupertino Redevelopment Agency
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
2. Subject: Accounts Payable for period ending December 17, 2010
Recommended Action: Adopt Resolution No. 11-001
Draft Resolution
Page:
3. Subject: Payroll for period ending December 22, 2010
Recommended Action: Adopt Resolution No. 11-002
Draft Resolution
Page:
4. Subject: Alcoholic Beverage License, Togos Sandwiches, 21267 Stevens Creek Boulevard,
Suite 314 (Oaks Shopping Center)
Recommended Action: Approve application for on sale beer
Staff Report
Application for Alcoholic Beverage License
Page:
5. Subject: Alcoholic Beverage License, Flight Wine & Food, 20333 Stevens Creek Boulevard
(Cafe Torre)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
Staff Report
Application for Alcoholic Beverage License
Page:
6. Subject: Alcoholic Beverage License, One Eyed Spirits, 19200 Stevens Creek Boulevard,
Suite 200
Recommended Action: Approve application for Distilled Spirits Importer and Wholesaler
Staff Report
Application for Alcoholic Beverage License
Page:
7. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vivekanand
Karnataki and Deepti Naik, 10122 Bret Avenue
Recommended Action: Adopt Resolution No. 11-003
Description: The property owners of this residential development agree to grant to the City
the right to extract water from the basin under the overlying property
Resolution
Quitclaim Deed
Map
Page:
7:10 (10)
Tuesday, January 4, 2011 Cupertino City Council
Cupertino Redevelopment Agency
8. Subject: Municipal Improvements, Kelly Gordon Development Corp., 10231 Amelia Court
Recommended Action: Accept Municipal Improvements
Description: Municipal improvements include sidewalk, curb & gutter, driveway approach,
paving and new utility services
Staff Report
Map
Page:
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
9. Subject: Appeal of an approval of a wireless service facility on Results Way
Recommended Action: Consider an appeal of the Planning Commission approval for a
personal wireless service facility at the existing Results Way office park
Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave
Yocke (AT&T); Appellants: Allen Wang, Grace Chen, Guo Jin; Address: Results Way (rear
parking lot); APN: 357-20-042; Application Summary: Consider an appeal of a Planning
Commission approval for a personal wireless service facility consisting of twelve panel
antennas to be mounted on a 74 foot tall monopine and associated base equipment to be
located at the existing Results Way office park
Staff Report
A. Council appeal staff report dated 11/1/10
B. City Council Meeting Minutes from 11/1/10
C. Letter from property owner Embarcadero Capital Partners to AT&T dated 12/3/10
D. Email from property owner ECI Two Results, LLC to City & AT&T dated 12/16/10
E. Letter to Applicant and PC Res. #6604
F. PC Meeting Minutes from 9/14/10
G. PC Staff Report dated 9/14/10
H. Appeal of U-2010-03, EXC-2010-04 & TR-2010-31 dated 9/28/10
I. SCC Sheriff's Letter dated 6/23/10
J. Photosimulations of monopine (3)
K. AT&T Facility Alternate Sites Aerial Map
L. Communications from TIC Commissioners
M. Public Correspondence
N. AT&T Mobility Proposed Base Station (Site No. CN3242A/Results Way, Cupertino,
California/Statement of Hammett & Edison, Inc., Consulting Engineers, dated 10/26/10
O. Existing and Proposed Coverage Maps
P. Planning Commission-approved Plan Set
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7:20 (120)
Tuesday, January 4, 2011 Cupertino City Council
Cupertino Redevelopment Agency
10. Subject: Appeal of the Director's decision allowing a parking pad to be located at a duplex
located at 967 Miller Avenue
Recommended Action: Consider the appeal
Description: Application: DIR-2010-30; Appellant: Erwin Wolf; Applicant: Linda Shen-
Jung (GLSAA, LLC); Location: 965-967 Miller Avenue; APN: 369-19-052; Application
Summary: Appeal of a Director’s Minor Modification decision to allow paving in the front
yard of an existing duplex for the purpose of a parking stall at 965-967 Miller Avenue
staff report
A. Planning Commission Resolution No. 6619
B. Director's Minor Modification DIR-2010-30 dated 9/23/10
C. Appeal Petition for DIR-2010-30 dated 10/5/10
D. Planning Commission Staff Report for Appeal of DIR-2010-30 dated 12/14/10
Page:
11. Subject: Application for modification of an existing mixed-use development (M-2010-08)
located at 19501-19507 Stevens Creek Boulevard (Metropolitan)
Recommended Action: Consider a Modification (M-2010-08) to the Use Permit for the
Metropolitan mixed-use development
Description: Applications: M-2010-03, EXC-2010-03, TM-2010-03 (EA-2010-04);
Applicant: Jane Vaughan (Cupertino Housing Partners, LLC); Location: 19501, 19503,
19505, 19507 Stevens Creek Blvd (Metropolitan); APN: 316-49-111 and 316-49-112;
Application Summary: Amendment (M-2010-08) to a Modification application (M-2010-03)
of a previously-approved Use Permit (U-2003-04) to amend Condition No. 2 (Parking) to
allow the parking requirements to be incorporated into an appropriate alternate legal
document as deemed acceptable to the City Attorney and Director of Community
Development in lieu of the covenants, conditions and restrictions (CC&Rs)
Staff Report
A. Planning Commission Resolution No. 6620
B. City Council Action Letter of October 7, 2010
C. Applicant's Justification Letter
D. Draft Parking License Agreement for Building A
E. Draft Parking License Agreement for Building B
F. Planning Commission staff report of December 14, 2010
G. Declaration of Restrictive Covenant for Building A
H. Declaration of Restrictive Covenant for Building B
Page:
9:20 (60)
10:20 (20)
Tuesday, January 4, 2011 Cupertino City Council
Cupertino Redevelopment Agency
12. Subject: Planned Development Ordinance
Recommended Action: Conduct the first reading of Ordinance No. 11-2073
Description: Application: MCA-2010-06; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Municipal Code Amendment to Chapter 19.48 (Planned
Development) to be consistent with the 2010 Housing Element; "An Ordinance of the City
Council of the City of Cupertino amending Chapter 19.48 (Planned Development) of the
Cupertino Municipal Code to be consistent with the 2010 Housing Element"
Staff Report
A. Ordinance No. 10-XXXX
B. PC Model Reso
C. PC Staff Report of 11-9-10
D. Draft PC Minutes of 11-9-10
E. Strikethrough version of proposed amendments to Chapter 19.48, Planned Development
(P) Zones
F. Strikethrough version of proposed amendments to Chapter 19.72, Private Recreation (FP)
Zone
G. Strikethrough version of proposed amendments to Chapter 19.124, Planned Development
Permit, Conditional Use Permit, and Variance
H. Strikethrough version of proposed amendments to Chapter 20.04, Specific Plans
Page:
UNFINISHED BUSINESS
NEW BUSINESS
13. Subject: Council assignments for local and regional organizations and agencies
Recommended Action: Select assignments
Page: No written materials in packet
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
10:40 (20)
11:00 (10)
11:10
Tuesday, January 4, 2011 Cupertino City Council
Cupertino Redevelopment Agency
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days
after a decision is announced unless a shorter time is required by State or Federal law.
Any interested person, including the applicant, prior to seeking judicial review of the city council’s
decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city
clerk within ten days after the council’s decision. Any petition so filed must comply with municipal
ordinance code §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300
Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.