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CC 07-31-95 CC-905A MINUTES Cupertino City Council Regular Adjourned Meeting July 31, 1995 PLEDGE OF ALLEGIANCE At 6:45 p.m., Dean called the meeting to order and led the Pledge of Allegiance. ROLL CALL Council members present: John Bautista, Don Bumett, Barbara Koppel, Lauralee Sorensen and Wally Dean. Council members absent: None. Staff present: Acting City Man~ger Bert Viskovich; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; Parks and Recreation Director Steve Dowiing; Public Information Officer Donna Krey; and City Planner Ciddy Wordell. ORAL COMMUNICATIONS None. PUBLIC HEARINGS 1. Applications 1 -GPA-93 And 6-EA-93, Diocese Of San Jose, Property Owner, APNs 342- 52-03, 342-05-54, -56, -59, -60, located south of 1-280, west of Foothill Boulevard, and north of Rancho San Antonio Park and Stevens Creek Boulevard - General Plan Amendment to change the land use designation from Very Low Density Residential 5-20 acre slope density to Very Low Density Residential Foothill Modified 1/2 acre slope density with a cap of 293 units. The Diocese of San Jose applied for the General Plan Amendment. The City Council directed that ten alternatives be analyzed in the Environmental Impact Report and an EIR was prepared. Significant impacts identified related to loss of and intrusion into open space lands; elimination of potential park lands; loss of and intrusion into natural vegetation, wildlife habitat and wetland areas; exposure to adverse geologic conditions; storm run-off erosion and pollution; wildfire hazard; visusl impacts; water tank failure and leakage; and safety of school crossings. Ciddy Wordell introduced Mr. Don Skinner, a consultant with Planning Resource Associates (PRA), the consultant that did the EIR. Mr. Skinner reviewed the procedures that had been followed. Ms. Wordell explained that the Planning Commission had recommended two different options. The City Council may choose one of those options, amend one, select a range, or develop a new option. The existing General Plan allows 36 units based on slope density formulas, 6 in the seminary property and 30 along Cristo Rey Drive. A majority of the Planning Commission recommended the following two July 31, 1995 Cupertino City Council Page 2 options: Option No. 1 - 116 units total, 86 on the seminary property and 30 on Cristo Rey Drive. Option No. 2 is a range of 148-178 units with the condition that permanent public open space is provided, 55 units on Cristo Rey Drive and a range of 93-123 on the seminary property. There was also a minority report from the Planning Commission which recommended that the City Council maintain the General Plan recommendation of 36 units total. Ms. Wordell explained the constraints that led to these selected development areas. They included access through Cristo Rey Drive only, significant visual impacts on some areas which triggered requirements for single-story units, open space issues, vegetation and wildlife retention and protection, redqegged frog habitat, the riparian corridor and a two million gallon water tank. Mr. Michael Brunet, representing the applicant, handed out a corrected map. He said that it showed all major concerns of the community and it was the only one they could submit with pem~anent, public open space. He gave a history of the project beginning with the original proposal for 220 units and the changes and alternatives that had been made after discussions with community groups and staff. He said that Residential Area 2 is most important in order to dedicate land for puhlic open space. They asked for a cap of 178 units (160 would be market-rate units and 18 affordable units). Mr. Brunet then highlighted other benefits and mitigation measures to meet the issues raised in the EIR and by the community. Mr. George Cardinet, representing the Heritage Trails Fund, said that they supported the Diocese proposal. He discussed the history of Colonel Juan Bautista and his party which took place 219 years ago. Mr. Steven Haze distributed a kit to the City Council which explained the Colonel Juan Bautista historic trail and on-going interpretive program. Mr. Mort Schorr, 20151 Northwood Drive, said that his points had been addressed and he had nothing to add. Ms. Nadine Grant, 10463 Heney Creek Place, said that she was speaking as an individual. She said this was a general land use policy and the latest proposal by the Diocese is progress toward a significant solution. Her concern is that the proposal is still missing too much. Although the cap is said to be 178, the documentation has been misleading. She asked that Council clearly define temis such as land use, contiguous, riparian corridor, etc. She also said that the definition of the development review process should include the right of City Council to review and refuse the project prior to groundbreaking. Ms. Deborah Jamison, 21346 Rumford Drive, said that in general she concurred with the minority report. Some sections, particularly the southwest comer of Cristo Rey, would be beneficial for open space. Other parcels are not contiguous and do not have much public use and it is not in the city's nor the frogs' best interest to have a pedestrian and bike path through it. J~ly 3 l, 1995 Cupertino City Council Page The PUblic Information Officer reviewed electronic communications from Kindel Blau which said that the current Diocese proposal is the best offer yet, but is far from ideal for the community. The densities have no basis in the city's General Plan policies. She felt a more sound approach was the minority Planning Commission opinion which would protect the integrity of the residential hillside ordinance. She said she could support much of the Diocese proposal with the exception of the number of residential units, which was too high. Mr. Jim Dozier, member of LAROAR, said that he was in favor of using open space. He was opposed to using St. Joseph's Avenue for access to this property and he was in favor of 178 units of housing. Ms. Rebecca Hickman, representing the Los Altos Hills Horsemen's Association, said it was a trail and land advocacy agency for public use. Sixty-five percent of permanent, public open space is a plan that serves both the developer and the community and it would be one of the first of its kind in the county. Historical and educational interests can be developed and it would make possible a public trail from San Francisco Bay to the Pacific Ocean. Private open space is always at risk of being closed to the public. She said they endorsed the Diocese proposal. Ms. Virginia Tamblyn, representing Cupertinians Urging Restraint in Building (CURB), said that she endorsed eight points of the Diocese proposal. She reviewed three: 1. Public open space is preferable over private space; 2. Any number of units over 36 in the 13eneral Plan should only be allowed if there is additional public benefit and in that case, the most acceptable number is 178; 3. Release should be granted from the Williamson Act provisions only if there is significant benefit to the community, such as 65% public open space. Ms. Marilyn Howard, also representing CURB, continued with the list of items they endorsed: 4. the number and size of visible dwelling units is an important issue; 5. Strict attention should be paid to details of architectural and landscaping guidelines and should have public review; 6. Below market rate units should be constructed on site; 7. Transfer of public open space to the accepting agency must be done in a timely fashion; 8. There need to be guidelines for future occupants of the properties. Ms. Howard said that they support 65% public open space and 10% private open space. Mr. Jack Birkholz, 21381 Milford Drive, said that Council should take this opportunity to lock in open space. Mr. Richard Johnson, 7542 Shadowhill Lane, felt the lawsuit was unfortunate and was offended that the city had to negotiate under duress. He also objected to the advertising campaign that was used. He said that the open space sounded nice, but was not a sufficient public benefit to depart from the G-enerai Plan. The city's open space needs are already being met at present and he urged that Council accept the minority report from the Planning Commission. July ~ I, 1005 Cupertino City Council Page 4 Mr. Brett Melendy, Vice President of the Board of Directors of the Rancho San Antonio Housing Corporation (The Forum), handed out a resolution from their corporation. The resolution favors the Diocese plan of 178 houses, designating 85 on the seminary parcel and 93 on the Cristo Rey parcel, and the dedication of 65% of the property as public open space. Mr. Melendy said that Council had been given between 80 and 100 letters by the residents of The Forum and the vast majority of those letters favored the Diocese proposal. Rev. Ward McCabe, from St. Jude's Episcopal Church of Cupertino, said the religious communities have a great stake in environmental issues. For example, they have taken out dying trees and replanted 40 of them with drip irrigation. They provide day care and rotating shelter services and these things are supported by contributions of many of their members. Council needs to consider the equity of the Diocese proposal and its usefulness in supporting community services throughout the county. The Diocese proposal is a compromise that addresses both environmental and equity issues. Ms. Frances Coolidge, 22115 Clearwood Court, asked Council to explore a better solution related to the proximity of proposed residential units to the grave sites of World War II veterans. Ms. Martha Thurston, 23300 Via Esplendor, Villa 56, said that she was speaking as an individual and was concerned about the number of homes. She agreed that public open space is needed and she asked that less housing be put on the St. Joseph's property. Mr. Jim Mackenzie, Senior Planner from the City of Los Altos, said that they have provided written comments on the draft EIR on four occasions. He said there would be significant effects. There are issues associated with Cristo Rey Drive, seismic safety of the bridge and maintenance impacts on slreets. Now, the Diocese has announced that they do not plan to use St. Joseph's Avenue as an access. He said their letter of June 21 identified the following concerns: The final EIR needs to address the project related to the Los Altos General Plan. It fails to evaluate full service access to Stevens Creek Boulevard. The level of services is not appropriate to evaluate traffic impacts on local streets. Instead, the fire index shouid be used. If St. Joseph's Avenue is used for access, mitigation is not suff'lcient. The opening of St. Joseph's Avenue should be dropped in the final EIR and it must address maintenance and seismic issues. Mr. Mackenzie asked Council that St. Joseph's Avenue not be used for traffic and that the final EIR and General Plan will say that. Mayor Bob Gray, City of Los Altos, said this project has the potential to have significant effects on the residents of his city, particuiarly those on St. Joseph's Avenue and Cristo Rey Drive. The impacts will be from additional vehicular traffic on roads which were not designed to accommodate those traffic volumes. He believed new development should ---- be accommodated by the community in which the project is located and they recommend My 21, 100f Cu rtlno Council Page that any project traffic should be retained within Cupertino. He suggested a new roadway from Stevens Creek Boulevard to the project. He agreed with the Diocese that vehicular access to St. Joseph's Avenue is not necessary and asked that language be included in the final EIR and the text of the General Plan Amendment. Ms. Mavis Smith, 22734 Majestic Oak Way, said most of her concerns had been addressed. She suggested that Council investigate what laws may restrict public agencies in regard to public open space and what their responsibilities would be. She asked why such a large water tank was needed and feared that the proximity of the cemetery might exclude some potential residents of different cultural and religious backgrounds. Mr. Marshall Goldman urged that City Council reject the Planning Commission's recommendation and vote in favor of the 178 homes. He said that the hillsides already are an open space. They may not be usable park land, but they are still an important part of the community. Mr. Bob Dunkel, 1208 St. Joseph Avenue, Los Altos, discussed the level of service at each intersection in the proposed development area. He said the intersection near his home is graded as A, but two children have been hit at that intersection within the last year. He explained that cities and the police departments do not keep records of accidents by location, only by date and name, so that information was also not available to the consultants. He said the intersection at St. Joseph's Avenue also gets a lot of traffic from people that are lost that have come down Highway 237 and he thinks that a more appropriate grade for the intersection would be C or D. Mr. Steve Sparks, representing Residents Against Noisy Tracks (RANT), supported the proposal for 178 houses because in exchange for a fairly densely populated area, there will be a new footpath into the county park. He asked why there was such concern to put in another road when staff indicates there will be no significant impact on the level of traffic. He didn't think it was appropriate to reduce traffic on Cristo Rey and move it into another neighborhood by adding another road and blocking off the residents on Cristo Rey. Mr. Melvin Caldwell, 10300 East Estates Drive, supported the Diocese project. They had been forced into developing less desirable areas but they have been honest about their proposal. Ms. Pat Wood, representing the Committee for Green Foothills, di~trlbuted a copy of her letter dated July 31. The committee's position is that a minimum of 65% of the land must be dedicated as continuous public open space as part of any General Plan Amendment. They believe the Diocese has attempted to address many of the concerns expressed by various individuals and organizations. They acknowledge that one of the responsibilities of the management of public open space is trail maintenance and the committee would be actively involved as it has been in other locations. My $1, 100f Cupertino City Council Page Ms. Enid Pearson, 1019 Forest Court, Palo Alto, distributed a copy of her letter dated Suly 31. She said more public open space is needed. It does not serve the majority of the public to be told that they can look at open space, but are not allowed to even walk on it. This latest Diocese project of 178 homes with 65% open space will benefit both the Diocese and the public and she supported their proposal. Mr. Ed Bloom, 22150 Wallace Drive, said he had a legal question. Since Robinson Communications was representing thc Diocese, is it possible that Baufista and Burnett might not get re-election support if they do not support this project? The City Attorney said no. Bautista said that he was not running for office at this time. Mr. Bloom said that was a development issue, not a religious one. The EIR says there will be 2,000 trips generated on Cristo Rey and other access is needed. Both a proposal for 293 homes and 178 homes are too high; thirty-six sounds right. Bautista said that the Diocese can hire any consultants they wish. The public will decide if Council has made the right decision. Mr. Jerry Estmth, 1254 University Avenue, San Jose, said he was speaking as a public space advocate. The current proposal evolved from input from various environmental groups and the community. This solution respects the rights and needs of property owners and meets our open space needs. Ms. Diane Ikeda, co-chair of FAIR, said if the land is not preserved as public open space, sooner or later it will be developed. She felt the Diocese proposal was a generous offer and noted that news reports say 55,000 additional homes will be needed in the county within the next five years. Mr. Richard Shumacher, 11331 Bubb Road, compared the limited open space available at the Seven Springs development to the proposal under discussion. He asked Council to take this opportunity to obtain open space once and for all. Mr. Joe Tembwck, representing FAIR, said bicycling was one way to eliminate a lot of traffic pwblems discussed tonight. He wanted to leave a legacy to his children so they would have the opportunity to hike and bike the areas that he does and the Diocese proposal will do that. At 8:50 p.m., the meeting recessed. At 9:05 p.m., the meeting reconvened. Mr. Phil Zeimum said he was speaking as an individual. He said this proposal has many loose ends and whenever he drives by and sees the homes, he will feel sad that the property was lost. He asked that Council define what open space is, both private and public before they decide on the number of units and also tie down the developer as to ~-- what will be allowed so that there will be no more grading for additional stories or be told that they are not able to construct below market rate units on-site. .~u/y 21, 1/)/?$ Cupertino City Council Page 7 Mr. Craig Breou, representing Santa Clara Valley Audubon Society, said that the process has been very thorough and the Planning Commission staff did an excellent job. The remaining issues left for discussion are these: (1) The values associated with private v. public open space; (2) The values of this land v. the hillside plan. He discussed where private open space has been successful with public easements on trails. The lands along Cristo Rey are not useful in terms of public usage and do not provide much of a benefit as far as wildlife. Their position is the Council should look very closely at what they are trading away and not to back off on legitimate planning. Ms. Betty Thysen said there are already 400 people in The Forum and the seminary property wilt add 400 more. She felt the needs of the seniors are overlooked. They came to The Forum to avoid urban crowding. She suggested the houses be put on the knoll instead of the open space which is currently too steep to be of much use. Mr. Howard Johnson, 22560 Alcaide Road, said he had three questions in his mind. (1) What is fair to the Diocese and the community? (2) What are the long and short term trends regarding population growth, congestion, and school impacts? (3) What about the Kaiser property and how this project may set a precedent? He asked Council to be conservative. Mr. Robert Hawn, representing the Greenbelt Alliance, asked what is Cupertino's vision and asked Council to consider the importance of Cupertino and the western foothills. The General Plan was the compromise regarding hillsides. Open space is there now and losing a piece of land is losing a piece of self and a piece of what the community represents. He asked Council to look to the General Plan and hold development there to preserve hillsides for future generations. Any amendment to the General Plan will have a destabilizing effect. It sets a precedent for the neighboring land owners to increase building in exchange for the donation of open space. He said that the city's strategic position in bargaining with other communities will be affected by this decision. Ms. Joan Navone, 21153 Gardena Drive, said she was in favor of open space and the land owner has respected the needs of the community. This proposal benefits the area through the preservation of flora and fauna and the revenues will benefit libraries, schools and public services. Mr. Pete Siemens, representing Mid-Peninsula Regional Open Space District, referred to his letter of July 31, 1995. He said the critically important issues to their constituents are preserving contiguous open space, protecting the wildlife habitat and viewshed and minimizing impacts on existing recreational facilities. Of the alternative proposals, Option 2 of the Planning Commission appears to be the best compromise. They offer to work with county and the city to help ensure pwtection and management of the dedicated open space areas. They encourage inclusion of a condition in the EIR requiting a · ~--- management plan and a funding mechanism for implementation and continued management. The plan should be prepared by environmental professionals and should particularly address the protection of the endangered red-lagged frog. He said they prefer ~uly 31, 10/)f Cupertino City Council Page the minimum number, wlmtevcr is closest to the existing Ocncral Plan and he saw no problem with the suggestion for private open space with an easement for trails. Ms. Jill Clay, 10230 Anthony Place, a member of thc Audubon Society, said she was very disappointed that the project seems to keep growing. As already mentioned tonight, the General Plan had intelligent considerations that she did not feel should be abandoned. Using existing roads, mass transportation facilities, and street lights benefits everyone. She felt that this proposal would be taking open space away from the community. Ms. Betty Mann, 22968 Cricket Hill Road, said that she did not feel additional access on Stevens Creek Boulevard would be acceptable to her. She supported open space if it's a combination of public and private and she had faith that it would be maintained as open space with the use of public easements. Mr. Steve Haze, founder and first chairman of OAKS, said that the valley will continue to develop unless Council prevents that. He said that People for Public Open Space, the National Parks services and Friends of Stevens Creek Trail all support this proposal before Council tonight. Mr. Haze distributed a chart titled "St. Joseph Seminary General Plan Comparative Analysis". He said that the cows have the open space, not the community. Although they can see it and smell it, they can't touch it and that is the missing dimension. Ms. Joanna Merlin, representing LAROAR, said she was in favor of the Diocese proposal and that St. Joseph's Avenue should be closed to traffic. She was concerned about the ehilclren that had been hit in front of Montelair School and their streets were used for children, bikes, seniors and walkers and should not carry increased traffic. Ms. Fmc, es O'Neil said she was interested in protecting the 500 citizens at The Forum. TMs plan will result in homes across from their housing and it is too dense in one place. She asked that it be moved to some other area. The majority of the seniors have been residents for 40-50 years and have paid their taxes and deserve consideration. Concentration on Cfisto Rey will mean there are families there. She worried about emergency situations and how people would exit the area or emergency vehicles would access it. She said St. Joseph's Avenue should be open to traffic and the project needs two entries and exits. Mr. Dale Mead, 10094 Liberty Oak Lane, said he was disappointed that the decision has come down to two choices, both of which put houses on the hillsides. This is still a political compwmise. He supported the original hillside policy and he's afraid that the City Council is now backing off of that. This a major modification to the policy and will affect dealings with Kaiser. He understood that Council is considering it because the church needs that money, but it is the Council's job to find the highest use for the land, which in this case is open space. ~u/y ~ 1, 1005 Cupertino City Council Page Ms. Sarah Kirby said that she wanted to say that she was in favor of the minority report for Council, but her heart is in the original General Plan. She is in favor of private open space because she wants to protect the wildlife there. They will not be giving it up in the future, there are giving it up now. The Diocese makes this proposal sound like a great deal, but in reality, it is not. Mr. Dobbie Roisen said that until the 1950s, towns had borders and there were great distances between them. Other Councils have not taken the long view, but this Council is doing it. He asked Council to consider the results 20-50 years from now before they make their decision. Mr. G-reg Schaffer, 10190 Byerly Court, said it bothers him to see people from The Forum say, "We got in; let's close the door behind us." The street is not dangerous. He said he feels strongly about open space and that if be can't get to it, it's not really open. He wants to do more than just look at it and this proposal is a good compromise. Mr. Rich Robinson said that this is a good compromise and the only way to protect the public open space. He said that over 700 cards had been returned from a mailing to 6,000 high-propensity voters. Over 10% response on anything is excellent and it is an overwhelming show of support on this project. Mr. Bruner said that Council had received a letter from the Maryknoll fathers and brothers which said that the property is the site of a retirement residence for the society's own members. They have no plans that would require any change from this institutional zoning and the long-term use will remain as a residence for the society's members. He said that trail easements on private open space are not available. Regarding the public v. private open space issue, those wanting to bike or walk will benefit greatly from the new trail. He said that a number of people are saying this proposal is a dramatic increase over the existing General Plan. Using the process through 1993, the Diocese felt it was not an appropriate precedent regarding the Kaiser property and they have never suggested that the hillside plan is not appropriate. Kaiser property lots are five acres and the Diocese parcel used to be half-acre lots which was split to five acres. Koppel moved to close the public hearing. Burner seconded. The motion carried unanimously. The City Attorney said that ail information in the final EIR is in the packet of materials, so the question before Council is, "Do you feel there is a basis for preliminary certification of the EIR with the understanding that the full and complete documents with all changes and comments will come back to you on the meeting of September 4? Sorensen said she was concerned that the Los Altos delegation said their comments have not been answered. Viskovich said that he felt staffhad fully responded. There is always the risk that responses aren't accepted. Sorensen asked if the response had been made to the Los Altos General Plan. Ms. Wordell said it was really the traffic impacts on various Cupertino City Councl] Page 10 sections and streets and she was not sure to what areas of the General Plan they were referring. Burner agreed that a response had been given to Los Altos and he agreed with staff's analysis. It makes no sense to mn a road out to Stevens Creek. It is unfortunate that so much of the impact of this development fails on Los Altos residents because it gives the appearance that we are bumping on the neighbors, but he did not think this prejudicial to Los Altos. The bridge will need to be retro-fitted even if no development occurs at ail. Sorensen said she would like to check with the two gentlemen and find out specifically what they meant. She agreed that the comments about traffic have received responses, but apparently there are other concerns. The City Attorney said if Council feels they have enough information to preliminarily accept this and proceed with the final EIR at a later date, they can proceed to discuss whether they are willing to even consider the amendment to the General Plan. Koppel moved that Council preliminarily accept the EIR; Burner seconded and the motion carded unanimously. Bautista said he had a lot of questions from the public hearing that staff may not be able to be answer tonight. Koppel asked for more information on the grave sites. Burnett said he supported 178 units. The factors in his decision were the effects it would have on people and wildlife. The trail will provide a biking, roller blading, and hiking path to get from Cupertino to Paio Alto without an arteriai street and will cut down on parking requirements. The project is within three miles of intense industriai development that will generate a need for housing. Burnett said it seemed that objections to the project are largely aesthetic, and the impacts on traffic are small on Los Altos residents. He asked for a clear listing of the mitigations, and a clear plan for architecture and broad guidelines. He agreed that BMR units must be on-site. He said Council must ensure that the plan they approve is understood by the developer who buys that property and it is the buyer's responsibility to do the analysis before purchasing the property. Discussion followed regarding the water tank. Dean felt the size was a problem and asked what arrangements were made to mitigate it. He aiso asked about the issues of cost and liabilities associated with parks. By accepting the open space, what would be the City's liability for users as opposed to trail access and what would be the cost generated for obtaining that land for the city. Another issue was the baseline numbers. He asked for a further explanation of the BMR issue, and said he could not endorse the density issue as it now stands. Sorensen expressed concern with the density bonus and the cemetery issue. She asked for infox,uation about private open space public trail easements even though Mr. Bruner said it was not an option. She wanted to discuss a development agreement and get information about the Snyder house and traffic impacts on Foothill and Cristo Rey. She July 3 l, 1995 Cupertino City Council Page 11 also asked for information about safety during construction, especially at thc seminary property, and said Council should consider a left turn pocket into Rancho Santa Clara. She expressed concern about the safety of schoolchildren traveling to Montclair School and asked for an update from the city geologist regarding the Hitchcock report No. 94- 187. She was also concerned about the proposed density. Bautista said this project is an issue of balancing property rights of the property owner and the interests of the community. He was generally in favor of the plan. He supported the 178-unit proposal and asked for a map that portrays that plan. He said it is unclear whether there will be separate access to the Cristo Rey property or if the project will rely on access and the turnabout that is already there. Other issues are emergency access to Stevens Creek and more detail is needed on the tree protection policy. A neighborhood park should be considered for the property, and at a minimum a tot lot should be required. He also asked for clarification on grading and seismic issues. Conformance to the Housing Mitigation Manual is required. He asked for clarification on the city's water needs and for the exact number of BMR units on the property. He asked for clarification on the detention areas, what kind of restrictions will there be public open space, who will maintain the private open space, and the location and size of the water tank. The City Planner said that staff would come back with a matrix showing the concerns and questions raised by Council and indicating at which stage of the process it was appropriate to address those items. ADJOURNMENT At 11:03 p.m., the meeting adjourned and Council concurred to continue this item to Tuesday, August l, 6:45 p.m. in the Council Chamber.