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CC 09-06-95 CC-907A lVIINUTES Cupertino City Council Regular Adjourned Meeting September 6, 1995 PLEDGE OF ALLEGIANCE At 6:10 p.m., Dean called the meeting to order and led the Pledge of Allegiance. ROLL CALL Council members present: John Bautista, Don Buruett, Barbara Koppel, Lauralee Sorensen and Wally Dean. Council members absent: None. Staff present: City Manager Don Brown; City Clerk Kimberly Smith; Community Development Director Bob Cowan; City Attorney Charles Kilian; Planner Colin Jung; City Planner Ciddy Wordell; and Public Works Director Bert Viskovich. ORAL COMMUNICATIONS Mr. Ferokh Deboo, 10257 Nile Drive, said the neighbors were concerned that last night's public hearing on the Torre Avenue "triangle site" was closed before the public had an opportunity to speak on the matter. Dean apologized and said that he had closed the hearing in error, but the matter had been referred back to the Planning Commission for further input. Deboo asked that notice be re-issued to the neighbors and the public hearing re-opened at the point it was terminated. Discussion followed on the options available to Council and the public. The City Attorney explained that any remedial action required all 5 Council members. He recommended that this request be put on the agenda of September 18, and the four members in attendance that night can set a hearing date. He said that the project applicant must have input inw that decision as well. Deboo also expressed concern about a comment made that "it's only a 2-acre parcel of land, let's get it over with." Koppel said she had made a remark about that particular parcel because it had been under discussion for 7 years, and could have ended up with a much higher density. The City Attorney called attention to the fact that the triangle property was indeed on the agenda tonight because it was a part of the specific plan. If the plan is addressed tonight, it will address the ultimate issue of the triangle plan and therefore that topic would not need to come back on September 18. .:. geptember 6, 1995 Cupertino City Council Page 2 PUBLIC HEARINGS I. Application No(s). 81,152 and 9-EA-95 - Public hearing to consider approval of land use and development character policies and the land use map, streetscape and other improvements, for the Heart of the City Specific Plan. The Plan includes properties along or near Stevens Creek Boulevard from Highway 85 to the eastern City limits. Environmental Detex~finafion: Negative Declaration recommended. The Community Development Director began review of the key issues listed in the staff report related to the policy framework. Bumett said that he felt the Apple Computer World Headquarters project, which would add an additional 50,000 square feet to the existing 91,000 square feet already allocated, was a General Plan issue. In addition, there are other developments proposed for the specific plan area which are also not appropriate for tonight's discussion. The Community Development Director said that the proposal had been discussed by the Planning Commission. All five members felt the increase was appropriate for the area, although the vote was 3-2 for the particular site in question. He also referred to principles of the Oeneral Plan set forth on page 2-4 of that document. He explained that the allocation is for the crossroads/civic center activity center, and there would not be any other allocation for office R&D, unless existing sites are underutilized. There is a potential for additional retail. Sorensen felt it was appropriate to discuss this allocation increase because it impacts the Heart of the City plan. Mr. Terry Bottomly, landscape architect for the specific plan, reviewed the streetscape plan. Discussion followed regarding appropriate tree spacing, pruning styles, and limbing the trees up to a height of 12 feet. Planner Colin Jung continued with the staff report review regarding streetscape and development standards. He said that staff will confmn that conditions regarding building height and setbacks to residential can be applied to the City Center, which had many tall buildings in close proximity. Mr. Bottomly discussed a number of sign types that were proposed. The Council recessed from 8:45 p.m. to 8:55 p.m. Ms. Terry Wong said she was with the Apple Computer Design and Coustmction group. She restated Apple's support of including a 141,000 sq~_mre foot building at the City Center site as a part of the Stevens Creek Specific Plan. The building is intended to be Apple's World Headqnnrters. Ms. Wong said the design concept .:. September 6, 1995 Cupertino City Council Page was approved by the Planning Commission in FebruAry, and they now had 2 years to foL~zually apply for a use permit. It was their understanding that the allocation falls within Tier 1 of the General Plan. She said the proposed structure would be 4 stories, with 2 1/2 levels of underground parking, and they would be sensitive to existing buildings and pwposed residential uses adjacent to the building. When this project is approved as a part of the specific plan, Apple will begin their corporate approval process, including the purchase of the 1.3 acre parcel. Ms. Wong said she would provide copies of the design concept to the Council members. Mr. Gary Schraidt, representing Cali Land Associates, said the company owned three parcels in the city: The property where the Hama Sushi restaurant is located, the Blaney Center, and an undeveloped 27,000 square foot parcel to the rear of those two, which fronts on Blaney. He submitted for the record a copy of a plan that was approved by Council in 1988 for a 2-phase development plan which included a lot consolidation from 3-2 lots, a lot line adjustment, and completion of Stevens Creek landscaping provisions from that time. Phase 1 was completed, which activated their use permit. Mr. Schmidt discussed the various plans for the property which had been rejected, and later discussions with staff about alternate plans. He asked Council for direction as to what they would like to see on that parcel, since the specific plan seems to eliminate possibility of low-income or senior housing. The specific plan is quite ambiguous in terms of frontages, etc. Since the lot consolidation has not yet been done but the parcels are within the Stevens Creek corridor, their undeveloped parcel measuring 80 ft by 336 ft. could be very restricted in terms of future development. The specific plan limits their ability to come up with an alternate plan to develop mixed use or residential use. Mr. Schmidt said the Chili's building is on the property line, and that remodel was done a little over a year ago. Now Council is discussing setbacks which would make his company's rear lot economically undevelopable. He asked Council to add language for exceptions to the setback requirements. Mr. Schmidt also asked about the status of their project in relation of the pool of development. The Community Development Director explained that the General Plan has a column showing space that has been committed by virtue of approved special use permits, and this project is included in that list of committed space. Dean said he would like staffto follow-up about the Chili's building on the property line. Cowan said that is permitted under the current roles. Mr. Schraidt said the most recent plans were to add about 5,000 sq~_mre feet of retail to the Blaney Center, and build behind it low-income and/or senior center housing. Ms. Donna Lawler, President of the Cupertino Chamber of Commerce, addressed medians and landscaping as described in the plan. The Chamber asks that existing landscaping be trimmed and cleaned up in general to address visibility problems. They recommend that the median be planted all at once and not piecemeal. They asked that low bushes and grass be planted on the median, that September 6, 1995 Cupertino City Council Page trees be high enough to provide visibility to businesses, that there be regular and consistent maintenance, and the maintenance will be done by. the city and not the businesses. Mr. Tom Hail, Economic Vice President of the Chamber of Commeme requested that Council make'it a guideline and not a mandate to identify 8 sites as residentiai when redeveloped. The market should address whether residential development is appropriate. Also, he asked that the requirement for 1 tree for every 5 parking spaces be changed to a guideline, and that it be left up to the landscape architects to design it to suit the building's structure John Statton, Executive Director of the Chamber of Commerce, said that in general they were very supportive of the plan. He asked that parking lot landscaping be set forth in guidelines and not mandates, and that the property owner should would have the responsibility of proposing the most effective design. He felt the one-year redevelopment trigger was the most fair, and ailows businesses to plan for the effect. He discussed the sign aiternatives and said that No. 2 is their preferred aiternative, to move the existing signs out to the median. Although there may be some safety issues to be addressed, when designing from scratch you can build around that to increase visibility. Plan No. 4, the existing plan with a row of trees in front of it, is the next preferred alternative. In Plan No. 1 the signs were too small, and No. 5 was unattractive. Plan No. 3A is unusual and may create a safety issue for drivers looking up to see signs. Bumett suggested modifying the landscaping plan so that one or more of the trees in the second row near the opening was moved farther back to provide better visibility to the sign at smailer openings. Mr. Statton said that would be an improvement. Mr. Albert Hoffman passed around a photograph of West Harbor Boulevard in ' Houston, Texas, that is similar to the proposed streetscape. He said the signs were right out front and it was very easy to identify the businesses. He hoped that it was not the intention of this plan to place a lot of residential uses aiong the Stevens Creek transit corridor. Mr. Ferokh Deboo, 10257 Nile Drive, showed a transparency of a letter which had been published in last week's Cupertino Courier and presented to the Planning Commission. The letter was dated August 22 regarding 9-U-95, 8-Z-95, and 16- EA-95, and it expressed concern about more residentiai development ailoted in the plan ending up in the City Center areas. He said that the neighbors are not completely opposed to development. They supported the 120-unit complex recently approve for 12 units of affordable housing, and in the hopes that additional development on the corridor would go in other locations in a more ,. September 6, 1995 Cupertino City Council Page 5 balanced manner, because a lot of density has already gone in the City Center area. He asked that there be a (~eneral Plan Amendment to keep the triangle as open space. Mr. DeBoo added some personal comments that were not on behalf of his neighbors. He said that a lot of time was lost because key people and key meetings were not planned in advance. For example, the Planning Commission could have used legal counsel during these proceedings. Mr. Douglas Aikens, 300 Hamilton Avenue, Paio Alto, urged that Council schedule the earliest possible remedial hearing to respond to neighbors desire to speak on the issues. Koppel asked if it would be appropriate for Council to hold a closed session on the triangle parcel. The City Attorney said he did not see a basis for a closed session. He added that since the applicant's representative had arrived, and the item was on the agenda, Council could delete the triangle from this hearing and adopt the specific plan. Or they take a straw vote on all the issues and continue the specific plan to the date when the remedial hearing is held. Discussion followed regarding the triangle property. Council concurred that the Planning Commission is directed to proceed with analyzing the merits of the plan and will then send it back to the Council. Burner said he wished to remove the Apple World Headquarters building from consideration. Council had not seen any drawings and did not know what it would look like except that it is immediately west of a large apartment complex which will block views and sunlight, and will tower over buildings on the other side of the street. It was inappropriate to include something like that when the triangle is being removed from consideration. Koppel said there were many other buildings planned for that area that were nnknown. Council was only basing their decision on the sqnare footage for allocated areas. Bautista said there was already 91,000 square feet allocated, so the real issue is whether Council would agree in principle to transfer 50,000 square feet. Burner said he was not willing to do that at this time. Bautista said it would be subject to the approval of the design. Burner said it appeared there was not Council support for his suggestion. The City Attorney conf-ssied that the consideration of the potential for development on the triangle property is being deferred until the future date, but it would remain in the specific plan. The hearing date on the triangle property would be October 2, and staff will send additional notice to all the neighbors Council concurred to accept the recommendations in the staff report, with the following changes which were made by straw vote: · Assign 141,000 square feet of office development to the City Center area for Apple Computer's World Headquarters (Burner voted no). September 6, 1995 Cupertino City Council Page 6 · Plan for up to 500 new housing nnlts along Stevens Creek Boulevard · Designate a density range between 8 to 35 units · Accept Chamber of Commerce recommendation to be flexible and make it a guideline and not a mandate to identify 8 sites for housing should the sites redevelop · Change double-row pattern of trees at narrow driveways to change the angle and possibly eliminate one or more trees · Limb trees to a height of 12 feet, install 36-inch box trees, and space the oaks at 40 feet, pears at 25 feet, and ash at 35 feet · On page 26 of the staff report, change the distance between trees to 120 feet maximum · Discuss bus shelters on September 18 · Regarding gateways, etc., Bautista and Bumett agreed that their priority was the landmark feature, the orchard park, and the gateways. Sorensen agreed, and suggested that the landmark feature be referred to local artists for a design. Koppel said she did not care for the sundial, and would prefer open space to the orchard park. · Landscape easements shall have a 12-month development trigger. · Maintain flexibility in the number and type of trees in the parking lot depending on the building. Cmidelines are I tree for each 5 to 10 parking spaces with emphasis on shade trees. · Decisions about the type of street signs will be postponed until the landscape drawings for alternatives 2 and 4 have been updated to reflect the changed tree pattern. Bumett asked that there be consistent street number signs and that the shopping center ~ame be included. · On page 24.C add the wording '~nless a commonly owned development". Al[er discussion, Council concurred to implement the plan in phases by infilling and doing medians, and focusing on areas where the work would have the most impact. Sorensen moved to approve a Negative Declaration (9-EA-95). Koppel seconded, and the motion carried 5-0. The City Attorney read the tide of the ordinance, and said that the body of the ordinance would be amended to reference the additional language discussed at the meeting. Sorensen moved and Koppel seconded to adopt file No. 81,152, Heart of the City Specific Plan, in accordance with the proposed ordinance; to read the ordinance by title only, and that the City Attorney's reading would constitute the first reading thereof. Motion carried 5-0. .. September 6, 1995 Cupertino Ci/y Council Page 7 Bautista referred to the Planning Commission's recommendation to amend the General Plan to allow the Heart of the City residential allocations of 500 dwelling units to be placed anywhere in the specific planning area at the City's discretion. Bautista moved that staff be directed to schedule this General Plan text amendment proposal for public heating. Sorensen seconded, and the motion carried 5-0. COUNCIL REPORTS Burnett discussed the activities of the Stevens Creek Q~!orry committee. He said that it is the Santa Clara County counsel's opinion is that night-time truck traffw does not have to be allowed and it should be controlled by the quarry operating pem~it which runs from 6:30 a.m. to 5:00 p.m. This matter would be raised at the County Planning Commission on the following evening. Koppel discussed complaints about speeding trucks in that area, and said that it did not appear that the speed limit could be reduced legally. Bautista moved to authorize Bumett to speak on behalf of the City Council at the county meeting to ensure that the trucks must follow the same rules as the quarry. Sorensen seconded, and the motion carried 5-0. ADJOURNMENT At 10:20 p.m. Council adjourned to 6:00 p.m., Monday, September 18, 1995, Conference Room A, to conduct interviews of candidates for Fine Arts Commission. City Clerk CITY OF CUPERTINO NOTICE OF ADJOURNMENT NOTICE IS I4~.REBY GIVEN that the regular meeting of the Cupertino City Council held on Monday, October 2, 1995, was adjourned to Monday, October 16, 1995, in Conference Room C&D at 6:00 p.m. City Council will be meeting with' the Affordable Housing Committee to discuss changes to the Housing Mitigation Manual. Following the joint meeting, Council will adjourn the Council Chamber at 6:45 p.m. for a regular adjourned meeting. Dated this 3rd day of October, 1995 Roberta Wolfe, Deputy Cify Clerk STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )ss. CITY OF CUPERTINO ) Roberta Wolfe, being first duly sworn, deposes and says: That she is the duly appointed and qualified Deputy City Clerk and that on October 3, 1995, she caused the above notice to be posted near the door of the Cupertino City Hall located at 10300 Torre Avenue, Cupertino, California. ~ Roberta Wolfe, Deputy C~ty Clerk Cupertino, California 10300 Torte Avenue, Cupertino, California (408) 2524505  NOTICE OF ADJOURNMENT of Cupe~.ino NOTICE IS HEREBY GIVEN that the regular adjourned meeting of the Cupertino City Council held on Wed., Sept. 6, was adjourned to Monday, Sept. 18, in the Council Chambers of City Hall, 10300 Torre Avenue, Cupertino, beginning at 6:00 p.m., to discuss interview applicants for the Fine Arts Commission. Dated this 7th day of September, 1995.