CC 08-16-82
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CITY or wruuIliO, STATE or CALIFORNIA
If\3OO Torre Avenue, Cupertino, (;.1. 95014
Telephone: (4~8)252-4505
KI1I1JTES or 1'HE REGULAR MEETIN¡; OF 1'HE CITY COUNCIL
HELD OR AUGUST 16, 1982 IN 1'HE COUNCIL CRAKBER, CITY HALL
CUPBRTINO, CALIFORNIA
Mayor Gatto called the ..eting to order at 6:47 p.m. in Council
Chamber, City Hall,
SALUTE 10 1'HE FLAG
ROLL CALL
Counc. Present:
Johnson, Plungy, Rogers, Sparks, Mayor Gatto
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Parks and Recreation Dowling (left
at 11:15 p.m.)
Assistant City Engineer Whitten
Assistant to the City Manager Brown (left
at lO:OO p.m.)
City Traffic Engineer Grigg
City Attorney Kilian
STAPF RElORTS
1. Oral reports by staff members and submission of written reports.
~ity Manager's Report
CC-580
Page 1
Possible Change in State Budget Finalization Date - At the next regular State budget
City Council meeting, the City Manager will include in his staff repor
further inforaation regarding State budget finalization date.
Contract with Santa Clara County Sheriff's Depart~~t - It was moved
by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to
authorize contiftUation of the present contract for another month in
the event :be Board of Supervisors are not able to approve the proposed
1982-83 coatraet in time.
Cit~ Clerk's R~ort
~et .1ng uate 0 interviews of Applicants for City Advisory Bodies _
Council will accept applications for positions opening on advisory
bodies until September l3, 1982. The exact time and date of inter-
views will be determined at a later time. However, if feasible the
interviews will be conducted at 6:00 p.m., September 20, 1982.
Request for Waiver of Business License Fees - It was moved by Coune.
Sparks, seconded by Coune. Plungy and passed with Coune. Rogers ab-
staining to waive the business license fees for the South Bay Chapter,
Californians for Bilateral Suclear Weapon£ Freeze ,ampaign for 1982.
Sheriff's
contract
approved
Interviews
for advisory
body applicants
Fees waived
for Nuclear
Weapons Frt'('zc
group
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Ads on bus
shelters
Secur ity on
transit system
Ga tto ap-
pointed to
Transportation
Com.
J~t meeting
... Planning
Legislative
actions
I tern removed,
Ca lendar ¡
approved !
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MINUTES OF THE AUGUST l6, 1982 CITY COUNCIL MEETI1'IG
2. Report on excess right-of-way on Carmen Road.
Council received the report.
COUNCIL REPORTS
Counc. Catto: It was moved by Counc. Johnson, seconded by Counc.
Rogers and passed with Counc. Sparks dissenting to authorize staff
to prepare a letter for the Mayor's signature expressing Council's
continued opposlt:la1 to and concern regarding ads on bus shelters.
The letter will be directed to the chair of the Transpo~tatlon Com-
miasion.
It was moved by Counc. Plungy, seconded by Counc. Johnson and passed
unanimously to authorize staff to prepare a letter to the chair
of the Transportation Commission expressing opposition to the use
of the She~iff's Department instead of Burns guards for security
on the transit system.
It was moved by Counc. Johnson, seconded by <:.June. Plun81 and passed
unanimously to appoint Mayor Gatto to the Transportation Commission's
Policy CommIttee regarding Highway 85.
By consensus, Council approved September 27 for a joint Planning
CommissionlCity Council meeting regarding the General Plan.
Counc. Johnson: Legislative Review Committee - It was moved by
Counc. Johnson, seconded by Counc. Plungy and passed unant.ously
to take the following actions regarding pending legislation:
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Oppose AP 3011 (Torres), Cancer Presumption; oppose AS 684 (Young),
Workers' C~nsation; withdraw opposition to SB l786 (Foran), Vested
Rights; support AB 2400 (Sher), Mail Ball~t Elections; withdraw
opposition to SB l534 (Mello), Second Units on Single-Unit Lots;
withdraw oposition to SB l785 (Foran), Limit of Parkland Dedications;
support AS 2740 (Campbell), Island Annexations; "apport AB 3564
(Roos), Community Facilities Act; support SB 2001 (Mello), Public
Safety District Act; support AB 2720 (Roos), Use of Interest on
Parkland Dedication Funds; take ~~ action on AB 2748 (Wray), Mobile
Home Park Conversio~; take no actiLn on SB 1326 (Alquist), General
Law City Taxing Authority.
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CONSENT CALE'NDAR
Counc. Sparks removed Item 13. It was moved by Counc. Plungy, seconded
by Counc. Johnson and passed unanimously to approve the balance
of the Consent Calendar.
8.
Resolution No. 5922: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable
in the Amounts and from the Funds 25 Hereianfter Describ~d for
Salaries and Wages for the Payroll Per iod End ing July 13, 1982."
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KDIUTES or 1'HE AUGUST 16, 1982 CITY COUNCIL KEETING
CC-580
Page 3
9. Resolution No. 5923: "A Resolution of the City Council of the
City of Cupertino All~wing C~rtain Clainø and Demands Payable in
the A80unts and fr~ the Funds as Hereianfter Described for
General and Miscellaneous Expenditures for the Period Ending July
l6, 19!!2."
lO. ksolution No. 5925; "A Resolut.ion of the City Council of the
City of Cupertino Allowing Certain Clat.e and Demands Payable in
the Amounts and fro. the Funds as Hereinfter Described for General
and Miscellaneous Expenditures for the Period Ending July 23, 1982 '
11. Resolution No. 5927: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Clat.s and Demands Payable in
the Amounts and fr~ the Funds as Hereinafter Described for Sal-
aries and Wages for the Payroll Period Ending July 30, 1982."
12. Resolution No. 5930: "A Resolution of the City Council of the
City of Cupertino Increasing Amount Paid Toward Insurance Preaiu.s
for Councilll8l1bers."
13. Removed.
14. Resolution No. 5931: "A Resolution of the City Council of the
City of Cupertino Authorizing the Execution of Deferred Agre.-ent
with Barre L. Barnes and Wanda J. Barnes for the Improvement of
rrontage along El Cerrito Road."
l5. Resolution No. 5932: "A aesolution of the City Council of the
City of Cupertino Accepting Grant of Easement for Roadway Purposes
fro. Barre L. and Wanda J. Barnes Consisting of Approximately
.017 Acre, Located along El Cerrito Road."
l6, Resolution No. 5933: "A Resolution of the City Council of the Clt
of Cupertino Approving Contract Change Order No. 5 for De Anza
Boulevard Interconnect Project 79-20."
17. Resolution No. 5934: "A Resolution of the City Council of the
City of Cupertino Approvin~ Contract Change Order No. 1 for Mer-
cedes Tank Recoating, Project 82-2K and Authorizing Appropriation.'
18. Resolution No. 5935: "A Resolution of the City Council of the
City of Cupertino Accepting Grant of Easement for Roadway Purposes
from Janice L. Brokaw Consisting of Approximately 0.036 Acres,
Located alonG the Southerly Side of Stevens L:eek Boulevard West
of Carmen Road."
19. Acceptance of municipal improvements: Peter S. Cwozdz, et al., _
Regnart Road.
20. Minutes of the regular Clty Council meeting of July 19, 1982.
(CC-578)
21. Minutes of the adjourned City Council meeting of July 27, 1982.
(CC-579)
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MINUTES or 1'HE AUGUST 16, 1982 CITY COUNCn. KEE'lING
Vote
Members of the City Council
AYES:
Johnson, Plun81, Rogers, Sparka, Gatto
NOES:
None
ABSENT :
None
ABSTAIN:
None
ORAL COMMUNICATIONS
22. Kembers of the audience ~egarding matters not on the agenda.
Marie Akin, 1192 Stafford Drive, stated that Cupertioo does have
a traffic problea. She felt that co~letion of Rigbway 85 would help
get traffic off residential streets. She said that the money and land
are available. She further stated that Saratoga residents are currently
using Cupertino residential streets for their commute. She suggested
a blockade at the end of Stelling and a sea:i blockade at Rainbow and
Stelling fr~ 5-7 p...
Mayor Gatto suggested she attend the General Plan public hearing August
30, 1982 for the Circulation EI...nt.
Willta. risher, 10329 Brittany Court, stated that street sweeping was
not being done on schedule in his neighborhood and asked who was
responsible for maintenance of street ~rees. Re also requested better
patrolling of cars that park longer than the 72 hour limit. Council
requested the City Manager to contact Mr. Fisher rcgarding these
iteas .
PUBLIC BEARINGS
23. Consideration of street name change from Tanta~ Avenue to North
Tantau and South Tantau.
(a) Resolution No. 5928: "A Resolution of the City Council of
the City of Cupertino Ordering Street Name Change within
the City of Cupertino Pursuant to Section 5026 of the Streets
and Highways Cede, State of California; Change Tantau Avenue
to North Tantau Avenue and South Tantau Avenue."
Assistant City Engineer Whitten stated that the post office had
initiated a request to change the name of Tantau Avenue.
Mr. Gilbert G. Morehouse, 883 Tantau, opposed the change of street
name. He stated that none of his neighbors particularly approve
I such a change.
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t Mr. Beloit, Tantau Avenue, approved the proposed street change and
: stated that he h~s had nothing but trouble with the post office
, as th£y will not deliver the mail because it does not state North or
I South Tantau.
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KINUTES or ~ AUGUST l6, 1982 CITY COIJNCIL MEETING
It "as moved by Counc. Sparks, seconded by Counc. Pluugy and passed
unanimously to continue the public hearing to the 1Ieeting of Sept.-ber
7, 1982 to allow staff the opportunity to work with the post office.
24. Appeal of Planning ComIaisston decision, A¡.plication l-tJ-68 (Re-
vised) filed by Dale F. Applegate and Rober~ A. Morgan.
Mr. Toppel,atcorney representing the applicant, stated that all con-
ditions are being appealed. Be stated that he has reviewed the City
record of the granting of the original use permic and could find no
!"eason for the specificity of "real estate" except that was what __
going in at that tille. He said that he could find no authorization in
the zoning ordinance for such restriction. rurther, the minutes she"
nothing regarding restriction to real estate. He stated that the land
mentioned in Condition No. l7 reprcsents 25% of the parcel and that th
road would be of no benefit to the applicants. He also stated opposit
to Condition No. 16 as it would lock in place the position of the
building. He also opposed Condition No. 20.
It was moved by Counc. Plun81, seconded by Counc. Rogers and passed
unanimously to close the public hearings.
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It was moved by Counc. Plun81, seconded by Counc. Sparks and passed
unanimously to approve the application per Planning Comaission
Resolution No. 2322 with the conditions amended to read as follows:
l-14. Standard Conditions to the extent that they do not conflict
with the special conditions enumerated herein. In the event a
conflict does exist, the special conditions as enumerated herei
shall apply. Standard Condition No. 12 referring to a maPJnry
wall ia specifically deleted.
15. The approval is baspd upon Exhibi~ ~ of Application l-U-68
(Revised) and the letters from the applicant dated June 2, 1982
and Kay 19, 1982 as may be amended by additional conditions
contained herein.
16. The applicant shall improve the parking lot (pave with asphalt
concrete) to comply with the standards of the Department of
Public Works and the back-up and stall width requirements of the
Cupertino Parking Ordinance. Additionally, the landscape area
shall be widened to a minimum of 5 ft. and landscaped vith
shrubs to screen the parking lot, subject to staff approval.
17. The applicant shall record a covenant obl1gati'1l existing and
future property owners to enter into reciprocal ingress/egress
easements at such time in the future ~s the City can require
the same of tbe adjoining property o~~er. The covenant shall
be recorded at no cost to the City.
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lB. Tbe use permit is granted to allow general office uses only in
c.' .,'isting building normally allowed within the CG zoning
o[din&~ce of the City ~f Cupertino without the requirement of
obtaining a use permit. Uses requiring a use permit in a CG
zone will also require use permit revision. Additionally,
restaurants a~d aarkets shall also require revision of this use
permit.
CC-580
Page 5
Public hearing
continued on
Taøtau name
change
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Public hearing
closed
Appeal granted
on l-U-68 (Rev.
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7-U-82 re-
ferred to
Planning Com.
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KINUTES or THE AUGUST l6, 1982 CITY COUNCIL MEETING
It was found that Conditions l6, 18 and 19 do reasonably relate
to the applicatiùn, landscaping is of public benefit, and Condition
lì formalizes an existing easement.
25. Appeal of Planning Commission decision, denial of Ap~lications
7-U-82 filed by Consuelo C. Moreno.
Director of Planning and Development Sisk revieweó the application
with Council.
Consuelo Moreno, l135l Bubb Road, requested that consideration of
this appeal be continued because there yas new information available
since the Planning Commissi~n hearing. The City Attorney stated that
if there is n~ evidence it should be referred back to the Planning
Commisaion.
It was moved by Counc. Rogers, seconded by Counc. Plun81 and passed
unanimously to refer Application 7-U-82 to the Planning Commission
because of new evidence which the City Attorney will review.
28. To Consider the Certification of an Environmental Impact Report
(EIR) for Application 25-Z-80 (Interland Development Company:
Seven Springs Ranch). The certification of the EIR can be
granted if the City Council determines that said EIR has been
completed in compliance with the California Environmental
Quality Act and State EIR Guidelines and that the City Council
has reviewed and considered the information contained in the
Envir~ntal Impact Report. Said projeot is generally ~ounded
by Rainbow Drive to the north, Stelling Road to the east, Pros-
pect Road to the Sout'., and by the Fremont Older Open Spac,"
Preserve and Upland Way to the West."
(a) Resolution No. 5870: "A Resolution of the City Council
of the City of Cupertino Certifying Review and Consideration
of the Environmental Impact Report: Interland Developme~t
Company, 'Seven Springs Ranch Development'."
Mayor Gatto stated that testimony will be limited to new information
received since the last meeting.
Mr. Byron Larson, consultant, George Nolte & Associates, r~viewed
the new traffic data with the Council.
Ray Shannon, ll57 Yorkshire Drive, stated that he felt there ~as
still confusion on the Council. He requested cla~ification of
ref~rences to street widenings.
Mr. Art Epperson, lJ4ll Bubb Road, stated that if Rainbow and Stelling
were to go to a lev~l F, so woulrl Bubb and McClellan.
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Mr. Paul Sonnenblick,l1525 Upland Way, felt that the methodology
used was still ques~ionable. He said that traffic is bad now and
will g"c worse. He felt the EIR mitigation measures were unaccept.\ble.
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MINUTES OF 1'HE AUGUST 16, 1982 CITY COUNCIL MEETING
Ray Shannon felt that both Bubb and Stelling have a lot of c~te
traffic. He wants traffic taken care of before any developaent goes
in. Re stated that the CAPSSI method is used in Los Angeles and not
in this area except in Cupertino.
The Mayor requested the City Traf~ic Engineer to explain CAPSSI.
City Traffic Engineer Grigg stated that the key was the saturatiQn/flow
rate and weighted RU8bera. Be said this was a very common ..thodolo81.
Mrs. King, Squirehill Court, told Council that four cul-de-sacs open
onto Stelling. These should be considered in the EIR as they do ne~
to exit.
Art Epperson, ~ubb Road, asked why Council would want t... widen Rainbow
if they were not planning to load Bubb down with traffic.
Mr. LarsO:1 stated that the report showed what widening would be re-
quired to maintain certain levels of service if Seven Springs were
developed. These .easures are what would -.ke the intersection work.
Mr. Epperson stated that if there were an r level
Rainbow, tha only other way tc go would be Bubb.
impact on Bubb is not addressed.
at Stelling and
He asked why the
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Scott Epper.ron, Bubb Road, stated that the fTR needed to take into
account cul-de-sacs and the Bubb/Rainbow intersection.
Joanne Springer, Santa Teresa, said that the area is impacted by
commuters speeding.
Forrest E. Kirchner, South Stelling, stateL' that traffic noises at
this time prohibit sleeping. There is heavy traffic both day and
night from cars, trucks, ~torcycles and trailers. He requested chat
the dignity of neighborhoods ~~ preserved. The widening of Stelling
in his opinion would not help the noise. Re expressed concern re-
garding the lessening of setback requirements. He suggested one way
streets. He sugge~ted the closing of the Highway 85 access to Cuper-
tino at Stevens Creek Boulevard and widening of the 280 off ramp to
De Anza Boulevard to divert the traffic to De Anza.
Mr. John Rakich stated that once the EIR were approved the document
would be accepted whether it ~as accurate or not.
Ray Shannon said that he had ta1ked~¡th the originator of the CAPSSI
method who stated that the highway capacity manual is being modified
and he .ill adjust the CAPSSI to fit that.
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Lorna Jones, resident near Bubb Koad. ail".ed if the ErR considered the
Parker Ranch Development traff!.: in Sarat~6a (tþ's Lraffic haá been
considered).
CC-580
Page 7
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EIR certified.
Res. No. 5870
adopted ,
Seven Springs
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KDIUTES OF THE AUGUST 16, 1982 CITY COUNCIL MEETING
Mr. Hartin, 21486 Rolly Oak Dr.. felt the Councll may be well advised
to delay action on the IIa. Be !eltthe Council did not have the infor-
mation necessary to tske action.
;~ Jackson, lawyer represp.nting Interland, said that the City has
consistently used CAPSSI figures. He felt that delaying at thia
point would not be productive. Re stated the ~pini"n that there was
enough information available to make a decision.
Hr. Epperson objected to Bubb road staying at "C" traffic level.
City Attorney Kilian pointed out mitigat1.ng ....asures or overriding
considerations as stated in Resolution Ro. 5870 which would certify
the EIR.
It was moved by Counc. Johnson, seconded by.Counc. Sparks and passed
unanimo~sly to certify the Environmental Impact Report and adopt Resolution
No. 5&70.
(City Clerk's Note: Assistant to the City Hanag~r Brown left at lO:OO ~.m.)
RECESS: 10:02-10:12 p...
27.
APplication 25-Z-80 of Interland Development Company (Seven
Spring.. Ranch): Prezoning approximately l48 acres from Santa
Clara County Exclusive Agricultural ("A") zoning district to
City of Cupertino P (Planned Development witl, r"..idential intent)
zone and Environmental Review: A Draft Environ~ntal Impact
Report has been prepared. The proposed Planned Development pre-
zoning would permit approximately 419 dwelling units consisting
'Jf a mix of detached and attached single-family dwellings. The
property is generally bounded by Rainbow Drive to the north,
Stelling Road to the east, Prospect Road to the south and by the
Fremont Older Open Space Preserve and Upland Way to the west.
RecolDID8nded for approvaJ.
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(a) First reading of "rdinanc<: No. 1174: "An Ordinance of the
City of Cupertino Amending Section I of Ordinance No. 2
by Pre zoning Approximately l48 Acres from Santa Clara County
Exclusive Agricultural Zoning District to City of Cupertino
P Zone; the Proposed Zoning Would Permit Approximately
419 Dwelling Units Consisting of a Mix of Detached and
Attached Single-Family Dwellings; the Property is Generally
Bounded by Rainbow Drive to the North, Stelling Road to
the East, Prospect Road to the South, and by the Fremont
Older Open Space Preserve and Upland Way to the West."
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Director of Planning and Development Sisk revie.ed the conditions
prop~sed on Ordinance No. l174.
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· Mr. Shannon suggested that ~~Jer Condition No. 16 reference to townhouses
· for the elderly be eliminated because of lack of ability to conrrol
resales.
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MINUTES OF THE AUGUST 16, 1982 CITY CO~CIL MEETING
Marie Akin stated that she did sell real estate in that area and many
people want to move up but cannot affcrd the higher priced homes in
Cupertino and tterefore leave the area. She felt that the Seven
Springs Ranch was one of the last large flat areas in Cupertino and
would li~e to see quarter acre to half acre lots for single-family
detached dwellings.
t¡o~n Meltzer, Vice President, Interland, stated that Cupertino needs
affordable housing. The cost of the lengthy application process (five
years) will be added to the cost of any housing built in that develop-
ment.
Paul Sunnenblick, Upland Way, stated that the average daily trips of
3.3 estimated for the elderly was based on data from planned retire-
ment communities where there are convenience stores and goJf cart
type transportation.
Marie Akin stated that Seven Springs would be a poor place to put
the e:derly.
Jim Jackson, lawyer, Interland, said that the present landowoer has
strong feelings regarding the development. She does want some units
to serve the elderly. He suggested that a comb1oation of the market-
place and the landowner decide the hous1og mix.
Resident, 8035 Rainbow Drive, retiree, said that it is necessary to
have a car even to go to the store.
(City Clerk's Note: Because of the lateness of the evening, Council
took the following actions to continue certain items on tÞe agenda.)
It was moved by Counc. Rogers, seconded by Counc. Sparks and passe_
unanimously to continue Agenda Item No. 38 to the Council meet~ng of
September 7, 1982.
It was moved by Counc. Johnson, seconded by Counc. Rogers and ~assed
unanimously to continue Items 29,30, 31, 33, 35, 36, 39, 40, 4l, 42,
43, 44, 45, 46, 47, 48, 49, 50, 5l, 52, 53. 54 and 55 to Wednesday,
August 18, 1982, 7:00 p.m.
It was moved by Counc. Roger~, seconded by Counc Plungy and passed
unan~usly to continue Item No. 37 to the reguldr r.ouncil meeting ot
September 20, 1982.
27. (continued)
Ann McElroy, ll358 South S:elling Road, asked if there would be an
opportl·-ity to speak of ofÏ-site improvt!ments required of a develo?er
such as widening Stelling Road. She was informed there would be.
Mr. Gerry Pressman of Rainbow Drive informed the Council that the
Planning Commission had recommended a meeting with Rainbow Drive
residents prior to the final street plan.
CC-580
Page 9
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Items contin-
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CC-580
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Public hearing
closed
25-Z-80
approved
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MINUTES OF THE AUGUST 16, 1982 CITY COUNCIL MEETING
Mr. John Rakich, Upland Way, felt that the concept of small neighbor-
hoods had not been adequately addressed by the Planning Commission.
Doug Sporleder, Chief, Central Fire Protection District, requested
that the Council not lock the City out of having a fire station at
the Seven Springs Ranch site. Various possibilities of providing
fire protection in the area were discussed. Chief Sporleder stated
that there was some benefit of having the station growing up with
the area.
Mr. Rakich stated that Chief Sporleder does feel that a fire statimt
is needed at Seven Springs. Hr. Rakich shares that feeling. Therefore,
he diG not want the condition pertaining to a fire station changed.
Mr. Sonnenblick asked Chief Sporleder what the d~sirable response time
for a fire call would be (less than five minutes). He asked what
response time was now for Upland Way (five minutes or slightly longer);
response time for Lindy Canyon (more than five minutes;.
The City Manager stated that at the time of annexation of the area
the Central rire Protection District had said that they could handle
the additional area. Rowever, changes have occurred since that time.
A consultant has done a public safety study for the City which will
be presented to Council at a later date.
Janet Norris, rerresenting property owner Dorothy Lyddon, presented
an overlay showing the original trail request of Midpeninsula Open
Space District and the trail sites ultimately approved by the Planning
Commission.
Paul Sonnenblick stated that there was already local access to the
End. The people on
Upland Way are against the additiofial proposed access.
Mr. Dave Klinger, Water ford Drive, suggested that the in lieu fees
the developer would pay rather than having a public park be used to
acquire or maintain other active use parks.
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed
unédimously to close the public hearing.
It was moved by COU"c. Johnson, seconded by Counc. Plungy a"d passed
I unanimously to approve Application 25-Z-80 per Planning Commission
I Resolution No. 2303 witn the conditions amended to read as follow:
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Standard Conditions to the extent that they do not conflict
with the special conditions enumerated herein. In the event
a conflict does exist, the special conditions enumerated herein
shall apply.
15. 1he approval is based upon Exhibits A, A lst Revision and Alter-
nates 1-) as may be modified by additional conditions contained
herein.
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MINUTES OF THE AUGUST l6, 1982 CITY COUNCIL MEETING
l6. The approval pe~its construction of a maximum of 419 dwellings
consisting of six (6) to nine (9) (including existing dwelling)
dwellings located on the 40t acre site designated "retain~d
property" and 413-410 dwellings located = the balance of the
property. The final dwelling unit yeild and mix of dwelling
unit types shall be deterwdned by the City in conjunction with a
subsequent use perwdt review. The determination will be based
upon a finding that the total all-day traflic generated by the
development will not exceed 3,S60 all-day trips. The following
tri? general factors for each dwelling unit type shall be used
in the computation to attain the maximum 3,S60 ADT figure.
Dwelling Unit Type
ADT Factor
Detached
Semi-detached (zero lot line)
Attached townhouses (family)
12.0
9.5
7.2
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17. The app~icant/property owner agreas to participate in his propor-
tionate share of major off-site street improvements of a local
or communitywide nature. Said agrecment shall include, but not
be limited to, agreement to participate in a local improvement
district, or directly contribute to street impro~¿ment. If an
assessment district is formed, the applicant/pro~erty owner's
shar~ would be d-termined by a cost benefit ratio ~s established
by assessment district law. Boundaries for any district would
be determined at a later date per assessment district law. The
agreements to install the above improvements shall be submitted
and recorded prior to or in conjunction with the issuance of
building permits. At the use permit stage, building permits
shall be phasèd in conjunction with mitigation of traffic con-
sistent with an adopted General Plan. The use permit may not be
approved' .Itil the General Plan presently under consideration
in August, 1982 is adopted or a period of six months has elapsed,
whichever is soonest.
lS. The on-site circulation plan shall contain the following elements
(a) The driveway serv~ng hillside homes and the collector road
serving the main project area from Upland Way shall be con-
soli<~ated .
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(b) The applicant shall construct a direct vehicular access to
Stelllng Road as described on Exhibit A lst Revision,
Alternative 3. Unless the roadway requirement is waived at
the use permit stage of development review, the construction
of said roadway may require condemnation of a separate
parcel. The City and developer shall cooperate in acquiring
approval of a railroad g~ade crossing from the State Public
Utilities Commission.
CC-5S0
Page 11
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MINUTES OF THE AUGUST 16, 1982 CITY COUNCIL KEE'lING
lS. (c) The use pe~it rlan shall incorporate a detailed traffic
control plan for the reach of Rainbow Drive between the
intersection of Bubb Road to the Southern Pacific railroad
crossing. The traffic control plan shall include an el..ent
to reduce vehicular speeds and volumes of traffic and dia-
courage penetration into adjacent neighborhoods. The traffic
control plan ..y eliD1nate left turn movements fr~ the
Seven Springs Ranch project site onto Rainbow Drive. The
homes adjacent to Upland Way and Rainbow Drive shall be
oriented to those streets.
(d) The use pe~it site plan shall describe a circulation plan
to eliminate or reduce the potential for vehicles traversing
the site from Prospect Road to the Stelling Road or Upland
Way project entrances. The plan shall orient traffic ~o
Stelling Road and Prospect Road access points to the greatest
extent possible.
19. The number of hillside dwellings located west of 200 ft. wide
riparian easement shall be determlnld by application of the
"roothill Modified, Half-Acre" slope density formula. The general
and specific development standards contained in the Residential
Hillside Development Ordinance shall be used as a general guide
to review a subsequently submitted use permit site plan for the
subject area of the project site. A ripariau zone delineated
on Exhibits A and A 1st Revision shall be 100 ft. from either
side of the creek as measured from the center line of said creek.
Grading for development in the riparian zone is prohibited
except for narrow paths for passive recreational activities such
as walking and jogging.
20. The development shall incorporate passive and active water and
space heating design principles and equipment to provide approxi-
mately 75% of the heating requirements. A precise energy plan
shall be submitted aod approved by the City in conjunction with
the use permit plan.
The applicant shall provide an irrevocable offer of dedication,
dedicate, or otherwise acquire a fire station site for the City
in one of three alternative locations listed below:
lst ~riority - A site located adjacent to the required access
road and Stelling Road referenced in Condition
18(b).
2nd Priority - A site located in the northwest quadrant of the
intersection of Prospect Road and Stelling Road.
3rd Priority - A site located on the south side of Rainbow Drive
immediately west of the Southern Pacific Railroad
right of way.
·
IfiNUTES OF THE AUGUST 16, 1982 CITY COUNCIL MEETING
The City will select the site and means of acquisition in con-
junction with the use permit and tentative subdivision phase of
the Planned Development application process.
If such station is deemed necessary by the City of Cupertino,
the applicant shall participate in the funding for the construc-
tion of tbe fire station building based upon a subsequently
developed and approved financing mechanism. The fire station
building ..y be owned by the City of Cupertino.
22. The public park depicted on the site plan exhibit is not accepted
as a public park. The developer shall pay in lieu fees as re-
quired by City ordinance. The three acre space may be infilled
by dwelling units shifted fr~ other areas in the site plan. The
final design will be approved in conjunction with a subaequently
filed use permit application.
23. The development rights to the common area shall be dedicated to
the City of Cupertino in advance of the recordation of a final
subdivision map to assure that the open space shall be available
for the entire development.
·
It was moved by Counc. Plungy, seconded by Gounc. Rogers and passed
unanimously to read Ordinance No. 1174 by title only and the City
Clerk's reading to constitute the first reading thereof.
26. Application 3-GPA-8l of City of Cupertino: General Plan Amend-
ment to consider deleting a planned neighborhood park for the
Seven Springs Ranch and adjoining neighborhood (Stelling Road be-
tween Bubb Road and Rainbow Drive) and to consider the need for
public access to the Fremont Older Open Space Preserve. In
addition to the issue of a park on Seven Spring Ranch, the
General Plan Amendment will evaluate park needs for the southwest
quadrant of the City with special emphasis on the neighborhoods
served by the Jollyman, Regnart and Hoover (school sites). En-
vironmental Review: The Planning Commission recommends the
granting of a Negative Declaration. Recommended for approval.
(a) Resolution No. 5859: "A Resolution of the City Council of
the City of Cupertino Amending the Environmental Resources
Element of the Comprehensive General Plan."
It was moved by Counc. Johnson, seconded by Counc. Plungy and passed
unanimously to close the public hearing.
It was mo~eJ by Co~nc~ Johnson. seconded by Coune. Rog~rs and passed
unanimously to grant a Nega:ive Declaration for Application 3-CPA-81.
·
It was moved by Coune. Johnson. seconded by Counc. Rogers aud passed
unanimously to approve Application 3-GPA-81 per Planning Corrmission
Resolution 2302 and adopt Resolution No. 5859 a~ending the Environ-
mentdl Reso~rces Element of the General Plan w~th the removal of Item
lb.
CC-580
Page 13
First reading
of Ord. 1174
Public hearing
closed
Xegative Dec.
for 3-GPA-8l
3-GPA-81
approved
.80
_ l4
.
.
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KlNOTES or THE AUGUST 16, 1982 CITY COtIJICIL KEETIRG
At 12:20 a.m., the _tinS was adjourned to 7:00 p.m., Wednesday,
August 18, 1982.
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