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04. Draft Minutes 11-15-05 · CUPERJINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, November 15, 2005 CALL TO ORDER At 6:03 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre A venue, Cupertino, California. ROLL CALL City Council members present: Mayor Patrick Kwok, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: Vice-Mayor Richard Lowenthal. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION At 6: 10, Council recessed to a closed session to discuss the following items. At 6:23 p.m., Council reconvened in open session. Council members present were Mayor Patrick Kwok, Vice- Mayor Richard Lowenthal, and Council member Sandra James. Council members Kris Wang and Dolly Sandoval were absent. 1. Pending litigation - Government Code Section 54956.9(a), Mike Honda et a!. v. Kimberly Smith et a!., Superior Court Case Number 105CV047535. (No documentation in packet). The City Attorney announced that the City Council had met in closed session and authorized and directed settlement of a claim by the petitioners Mike Honda et al for the sum of$18,012.27 to be paid for attorneys' fees and costs to firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor, as full settlement of the claim. This is for litigation costs incurred by the petitioners in bringing an action against the City regarding ballot argument authorship. 2. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, De Anza Cupertino Aquatics (DACA) and Dolphin Swim Club. The City Attorney announced that Council had also met in closed session on this item and directed staff to work with the California Dolphin Swim School regarding its proposal to lease the facilities, and to come back to Council with a finalized lease. '-{~I November 15, 2005 Cupertino City Council Page 2 RECESS Council was in recess from 6:25 p.m. to 6:47 p.m. PLEDGE OF ALLEGIANCE At 6:47 p.m. Mayor Kwok called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Mayor Kwok said that the country had observed Veterans Day last week, and he asked all veterans to stand up and be recognized. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: None. CEREMONIAL MATTERS - PRESENTATIONS 3. Proclamation for Hunger and Homelessness Awareness Week of November 13-19. (No documentation in packet). Mayor Kwok presented the proclamation. POSTPONEMENTS · Item number 16 was removed from the agenda. · Regarding item number 9, City Attorney Charles Kilian explained that after the agenda was published, a request for a reconsideration of the tentative map approval was received. He said that Council cannot hear the final map until the tentative map is resolved, and that the item must be continued. WRITTEN COMMUNICATIONS The following items were distributed at the meeting: · A letter from Dennis Whittaker of the Concerned Citizens of Cupertino dated November 15 for Oral Communications. · An email from Richard Schumacher dated November 7 supporting the Catholic Cemeteries for item number 12. · A letter from L. Craig Britton, General Manager of the Mid-peninsula Regional Open Space District, dated November 9 supporting upholding the Planning Commission's decision for item number 12. · An email from Lori Ng dated November 14 supporting upholding the Planning Commission's decision for item number 12. Lf-À November 15,2005 Cupertino City Council Page 3 · A letter from Jim Wheeler of the Oak Valley Community Awareness dated November 12 asking for a postponement of item number 12. · A letter from Rick Hausman, Chief Business Officer of the Cupertino Union School District, dated November 9 regarding item number 14. · The draft zoning ordinance for item number 14. Mayor Kwok reordered the agenda to take up the Consent Calendar next. CONSENT CALENDAR Lowenthal/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item numbers 4 and 9, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 5. Adopt resolutions accepting Accounts Payable for October 28 and November 4, Resolution Nos. 05-187 and 05-188. 6. Adopt a resolution accepting Payroll for November 4, Resolution No. 05-189. 7. Accept the Treasurer's Investment and Budget report for September 2005. 8. Adopt a resolution approving the destruction of records from the City Clerk department, Resolution No. 05-190. 10. Adopt a resolution approving the final map for H/S CTC Funding, Inc., Tract No. 9724, Town Center, Resolution No. 05-192. 11. Accept municipal improvements, grading, retaining wall, sidewalk, for Peter S. and Barbara K. Gwozdz, 10367 Byrne Avenue, APN 357-12-031. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Approve the minutes from the October 18 and November I City Council meetings. Lowenthal/Sandoval moved and seconded to approve the minutes of October 18 and the Minutes of November I as amended. The motion carried unanimously. 9. Adopt a resolution approving the final map for California Water Service, Tract No.9748, Greenleaf Drive, Resolution No. 05-191. Mark Russell, California Water Service Company, said that this is an important transaction and there is no reason for delay since it's a ministerial action. He said there have been significant costs associated with the tentative map above and beyond the normal scope, and asked that the item remain on the agenda. L{~3 November 15,2005 Cupertino City Council Page 4 Applicant Wayne Aozosa asked Council if the reconsideration could be heard earlier, since pushing it off to January 3rd would have detrimental results for California Water. Mr. Kilian said that he had sympathy but the rules specify that the final map cannot be approved until a decision has been made on the tentative map. He said that the appellant filed her request within the proper time, and that detailed findings must be prepared. James/Sandoval moved and seconded to continue the Final Map to December 6. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to hear the Petition for Reconsideration on November 29 at 7:30. The motion carried unanimously. Mayor Kwok reordered the agenda to take up Oral Communications next. ORAL COMMUNICATIONS Emily Chen, Vallco, said that they have an item scheduled for the December 6 City Council meeting regarding the parking garage, and asked Council to keep that item on the agenda. Julia Miyakawa, Cupertino Toumament of Bands, said that the special events fee of $1090 is expensive, and money could be used instead for the music program or uniforms. She said that this fee has more of an impact on the Tournament of Bands than the City's budget. She noted that in 2003 the fee waivers weren't equal because her group had to pay a banner fee, while the other festivals had their fees waived. Deborah Hill said that at the last meeting someone in the audience told her she shouldn't speak if she didn't know what she was talking about. She spoke of an accident she had 12 years ago due to a drunk driver. She said that drivers should drive defensively and watch for bicyclists and pedestrians, and that De Anza Blvd. is especially dangerous. Dennis Whittaker asked Council to recognize on a regular basis those families who have children who are fighting overseas. He also talked about the three ballot measures and said that the objective of the Concerned Citizens of Cupertino (CCC) was to protect home values, preserve scenic views, and lessen traffic and congestion. He said it was a close election and noted that the members of the grassroots group that supported the measures were all Cupertino residents. He said that the CCC would work with Council to implement steps regarding the need for notification well in advance, avoid converting commercial property into high density housing, resisting the conversion of rental housing into for-sale housing, pass sensible growth ordinances, and account for changes in neighboring cities that affect Cupertino. Charlie Ahern, representing the Advocates for a Better Cupertino (ABC), thanked Council for acknowledging Hunger and Homeless Awareness Week, and for their participation in the recent election opposing the measures. He also talked about the election results, noting that both Patrick Kwok and Dolly Sandoval received twice as many votes as the CCC candidate. He also noted that each Initiative lost between 8% and 15% of the vote. He asked Council to broaden the membership of the Economic Development Committee to give residents in Cupertino more say. l.( ~ if November 15,2005 Cupertino City Council Page 5 Mayor Kwok reordered the agenda to take up item number 15 next. NEW BUSINESS 15. Approve an assignment of the lease with the Coffee Society at the Cupertino Library LLC for the operation of the Coffee Society coffee shop in the Cupertino Library to Jackie and Bill Streeter, Dan St. Peter, and Ralph Flynn with no change in the terms of the existing lease and at no cost to the City, and authorize the City Manager to execute the lease agreement. Director of Public Works Ralph Qualls reviewed the staff report. Ralph Flynn, former owner, said that the buyers have experience and he thinks they will do a good job. He noted that all the Coffee Societies would remain the same, with the current logo. Jackie Streeter and her two sons said that they had been looking for a business and the Coffee Society was an ideal situation. They plan to add activities such as author presentations, music, etc. into the coffee shop. Bill Streeter said that he would be the manager of the store and discussed his plans for improvements, including increased service, later hours, open for evening gatherings, adding umbrellas, and adding signage and seating. Dan Streeter said that he grew up in Cupertino and the family is excited about making the shop more of a community center. James/Lowenthal moved and seconded to approve the assignment of the lease. Vote: Ayes: All. Noes: None. Absent: None. Mayor Kwok reordered the agenda to take up public hearings next. PUBLIC HEARINGS 12. Consider an appeal of Application No. U-2005-04, Gate of Heaven Cemetery located at 22555 Cristo Rey Dr., APN 342-63-002, regarding the Planning Commission's approval of a use permit for statuary, Veterans' markers and landscape features at an existing cemetery. The appellant is Robert Lindberg. Community Development Director Steve Piasecki began reviewing the staff report. City Planner Cynthia Wordell continued reviewing the staff report with a PowerPoint presentation and video showing each area of the cemetery and the proposals for change: 1) Veterans section; 2) Upright marker area; 3) New niche feature; 4) Upright marker area; 5) Pieta statue; 6) Crucifix; 7) View from existing upright markers; and 8) The L(-S November 15, 2005 Cupertino City Council Page 6 adjacent open space view. She noted that areas 1 and 2, highlighted in the video, are the basis for the appeal. John Ottoboni, attorney for Gate of Heaven Cemetery, addressed the detailed landscape plan in the Veterans section. He noted that condition 4 requires that they not implement anything relevant to the niche and trellis feature in the Veteran's section without first going back to the Planning Commission. He said that the Gate of Heaven's arborist went to staff to have 3 dying trees removed from the Veterans section, but discovered they couldn't be removed without approval of a detailed landscape plan, which must first go to the Planning Commission. He also said that condition 8 prohibits the implementation of the use permit until the conditions are recorded, and that this might violate federal or other laws, including the Religion Land Use and Institutionalized Person's Act of 2000. He said he believes it is burdensome, as defined by the principles of the act, because there is unnecessary delay and uncertainty, and it subjects them to numerous hearings or appeals. He said that they worked with the neighbors to arrive at a compromise, everything will meet ADA concerns, and there would be only 14% upright markers in their cemetery. He said they believe their proposal is fair, and the imposition and implementation of another round of public hearings before the Planning Commission is unfair, burdensome, and discriminatory. Applicant Robert Lindberg and John Ottoboni answered questions from Council. Their responses included: Gate of Heaven would only have 14% upright markers compared to at least 50% at other cemeteries in Northern California; the markers would be half the size of the veteran's markers that are 6 feet; upright markers are important to the culture in how people honor their loved ones; more than 40% of people of faith want to use upright markers to bury their loved ones, but are willing to compromise because they want to be buried at the Gate of Heaven cemetery, since it's the closest Catholic cemetery in the area. At 8: 17 p.m. the public hearing was opened. Monsignor Michael Mitchell said he is a veteran and both his parents are buried at Gate of Heaven. He said the Planning Commission could have been more sensitive to the needs of the community. He said that residents should be able bury their loved ones the way they want to with upright markers. He urged Council to uphold the appeal. Sylvia Phillips said she has many family members buried at Gate of Heaven. She said that the Asian culture requires upright markers, and the Planning Commission failed to consider that with the demographics of Cupertino. She urged Council to set aside the requirement that the Planning Commission has final say over any designs because it is a private cemetery. She urged Council to uphold the appeal. Jack Birkholz talked about the position of the Regional Open Space District, especially Rancho San Antonio, and said that the impact on those enjoying Rancho San Antonio is minimal with upright markers at the cemetery. He urged Council to uphold the appeal. I..{ ..0-/0 November 15, 2005 Cupertino City Council Page 7 Jonas Roddenberry, representing the Regional Open Space District, said that open space preserves are vital for residents, and allowing upright headstones will change the nature of the area. He urged Council to deny the appeal. Lori Ng said she has a son buried at Gate of Heaven, and is thankful for the environment for her 3-year old. She said she likes that no vertical markers are allowed, and were told there would be none when she bought her house. She urged Council to deny the appeal. Jim Wheeler, representing the Oak Valley Awareness Group, said he lives next to Gate of Heaven, and that it is one of the nicest cemeteries in Northern California, maintained as beautifully as a park. He talked about the dangers of sloped terraces with the vertical markers, and that there would be major issues with safety, handicap access, and drainage. He commented that there are other cemeteries with vertical markers that are available to those who want them, and urged Council to uphold the appeal. Tilman Sporket from Oak Valley Community Awareness showed a slideshow of views from neighboring walking trails, and noted that the cemetery is visible from the trails. He said that using gravestones with retaining walls is like building a brand new cemetery next to the old one. He urged Council to uphold the appeal. Ron Yu continued with the previous slideshow and said that the Planning Commission did their job to protect the residents. He said that his family bought their home with the knowledge that the use permit requiring horizontal markers would remain in effect. He urged Council to uphold the appeal. A vner Schwartz continued with the slideshow showing an example of a cemetery with upright markers. He said that when he bought his house he was told the character of the memorial park wouldn't change. He urged Council to uphold the appeal. Michelle Hocker said that the cemetery averages about 500 people buried there a year, for an approximately total of 64,500 people since 1962, and they didn't have a chance to say what they wanted. She asked to have the landscaping reviewed because oleanders were taken out without permission. She urged Council to uphold the appeal. Kim James quoted the Planning Commissioners from the meeting in which they denied the request for vertical markers. She urged Council to uphold the appeal. Johnson Lau said that, regarding the comment about the Asian community desiring upright markers, 3 of his 4 grandparents had wanted to be buried in a place like Gate of Heaven without the upright markers. He urged Council to uphold the appeal. Leigh Stevens said that she only wants horizontal markers because vertical markers would be visible when using the trail. She said that landscape review is necessary and not anymore unfair than other neighbors who are trying to change something. She urged Council to uphold the appeal. L(-7 November 15,2005 Cupertino City Council Page 8 Mark Madsen said he was speaking on behalf of his father, who died 10 years ago, said that perspective has been lost in thinking that the Gate of Heaven cemetery is a park. Ray Gamma, a member of the Veterans of Foreign Wars and the American Legion, said that in 1962 there were no homes anywhere nearby. He said that in his understanding, the use permit for the flat markers was a necessity because of the design of the graves, and not mandatory for any other reason. He urged Council to uphold the appeal. Marie DiCiceo said that there weren't any homes nearby when the cemetery was first built, and that people who bought their homes in the area knew that a cemetery was there. She said that the cemetery honors veterans and Catholics in their faith, and wants the markers to be visible. She urged Council to uphold the appeal. Ed Ford said that the Planning Commission shouldn't be telling a private cemetery what to have there, and especially what kind of trees. He urged Council to uphold the appeal. Ramon Lune said that his family knew there was a cemetery when they bought the property. He urged Council to let the cemetery run its business in peace, and to uphold the appeal. Tom Bomheimer said that he and his brother chose the Gate of Heaven cemetery because of the atmosphere of having flat stones. He said that the cemetery has already violated their use permit by putting up vertical headstones. He urged Council to deny the appeal. Bill Egan said that he has family buried at the Gate of Heaven cemetery, and that the cemetery should be allowed to run its business. He said he doesn't want vertical markers, but also doesn't want to stop others from having them. He urged Council to uphold the appeal. Fr. Gregory Kimm said that he is Chinese American, and said that respect for elders is very important, including the size and position of headstones. He said that flat headstones are insufficient and others may criticize those who choose them for not honoring the elderly properly. He urged Council to uphold the appeal. Joseph Milani said that he will have a flat marker, but no one should stop others from having vertical markers if they want them. He said that people have the right to show their faith in a Catholic Cemetery and urged Council to uphold the appeal. Deborah Hill said that people shouldn't have to go elsewhere to bury their family if they want a certain marker. She urged Council to uphold the appeal. Fred Fry said that everyone must abide by the rules, including the Catholic cemetery. He urged Council to deny the appeal. Lf-f November 15,2005 Cupertino City Council Page 9 Cathy Padilla said that most of her family is buried in Gate of Heaven. She said that people knew it was a cemetery when they bought their home, and urged Council to uphold the appeal. At 9: 17 p.m. the public hearing was closed. Council gave their comments. Sandra James said that her husband is buried in the Veteran's section of the Gate of Heaven cemetery in a plot of land that her son picked out, overlooking the valley. She said that the very first thing she was asked to do when elected to Council was to decide whether houses could be built in that area or not. She said she looked at where the houses were going to be built, and saw that they would block the view of the valley, but voted in favor of building the homes anyway because she felt that the landowner had the right to build, and she didn't have the right to say no just because of her personal feelings. She noted that people could still have a choice of either flat headstones or vertical markers, and there is nothing wrong with allowing both types of markers. She said she doesn't think that the changes the cemetery is asking will be detrimental to anyone. Regarding the landscape plan, she said she believes that staff can make the decision without having to go back through the Planning Commission public hearing process. She said she would vote to uphold the appeal and allow vertical markers. Richard Lowenthal said that the Gate of Heaven cemetery is unique. Regarding the landscape plan, he trusted that staff could make the final decision rather than go back through the Planning Commission. Regarding the upright markers, he said that when someone wants a change, it is their responsibility to justify why they want a change. He said he was leaning toward upholding the appeal because when the cemetery was built, it wasn't a requirement of the developers to create an environment for the general public. They decided that one their own, and we shouldn't now hold that decision against them. Dolly Sandoval thanked the neighbors and the cemetery for working together to come to consensus on some of the other issues. She said she agreed that having the Planning Commission review any kind of landscaping plan from here on out is both onerous and burdensome, and she trusted staff to do a good job. She said she was disappointed with the cemetery management in cutting down the oleanders and taking the screening away from the residents who live on Canyon Oak. In addition, she said she was also disappointed that they implemented the upright markers on their own against their current use permit. She noted that in the future, they must follow whatever use permit is in place, and that they must have their landscaping plan approved by City staff. She said that we are a changing society, and she hasn't been shown the need to change from flat horizontal markers to vertical markers. She noted that there are opportunities for people to be buried around this area iftheir first priority is a vertical marker. L/ -1 November 15, 2005 Cupertino City Council Page 10 Patrick Kwok said that the diocese has made a lot of concessions in order to come to closure, including adding almost 58 trees in the area that will add screening and landscape to the cemetery. He noted that the cemetery has been there for 47 years, and it is the choice of the people to have moved into the area, and the choice of the people to be buried at Gate of Heaven. He said that statistics demonstrate that out of 28 Catholic cemeteries in this area, almost all have vertical markers. He said that the cemetery wasn't asking too much for 14.4% of upright markers compared to the bay area average of 54%. He said that people should have the opportunity to choose what kind of marker they want, and that it sends the wrong message to people in Cupertino and the Bay Area to say that if they want an upright marker, they can't be buried in Cupertino. People must adapt to changes. As far as the landscape plan, he said that the role of government is not to micromanage the type of trees, etc. and he is comfortable with staff deciding on the landscaping plan. He said he supports the original staff recommendation of upright markers and to decide on the landscaping plan at staff level. Kris Wang said that the Gate of Heaven is one of the best cemeteries she has seen, and she had even helped her in-laws find a plot there. She noted that she was surprised that upright markers were not allowed, and as a Chinese-American, she was used to the upright markers. She said that her in-laws decided to be buried there anyway because it was so beautiful. She said that some of the speakers wondered why the Council has a say- so over private property. She said she believes the property owner has the right to decide how to build, but that the City has policies to protect the neighborhood, and relies on Council to make decisions to protect both their privacy and the property owner rights. She said it seems selfish to take away the desire for people who want to be buried there with upright markers. James/Lowenthal moved and seconded to accept the appeal and specified that the applicants do not need to go back to the Planning Commission to get approval for the landscaping plans; staff has the authority to approve or deny those. The motion carried unanimously. James/Lowenthal moved and seconded to accept the appeal for the vertical headstones as presented this evening. Wang moved to amend the motion to approve section two only. Sandoval seconded the amendment for purposes of discussion. The amendment failed with Lowenthal and Wang voting aye. Council voted on the main motion to accept the appeal of the Planning Commission's decision to not allow vertical headstones. The motion carried with Sandoval and Wang voting no, so vertical headstones will be allowed. Council was in recess from 10:03 p.m. until 10:15 p.m. L( -{ 0 November 15, 2005 Cupertino City Council Page II 13. General Plan update, Application Nos. GPA-2004-0l and EA-2004-l7, City of Cupertino, Citywide. (This item was continued from the meeting of October 18). a) Adopt a resolution certifying that the Environmental Impact Report is complete and in compliance with the California Environmental Quality Act, Resolution No. 05-193 b) Adopt a resolution approving the General Plan Amendments, Resolution No. 05- 194 c) Adopt a resolution approving the General Plan Technical Appendices, Resolution No. 05-195 City Planner Cynthia Wordell reviewed the staff report using a PowerPoint presentation. At 10:35 p.m. the public hearing was opened. Mike Bullock talked about his proposal for a car park cash out program. Myron Crawford recommended more flexibility on Bubb Road, and to allow for an employment center and more intense development in that area. Michael Pyle said he had objections to the Environmental Impact Review (EIR) having to do with a concentration of residential development in the Vallco area. He said that the EIR was written on the assumption that housing would be spread throughout Cupertino, when in fact it's in a concentrated area, creating school and traffic congestion. Jennifer Griffin said that Council should not allocate any more housing to Vallco, Tantau Parkway, and Pruneridge because schools are affected, the quality oflife is decreased, and traffic is increased. Beverley Bryant, representing the Homebuilders Association of Northern California, encouraged Council not to mandate the residential sprinkler ordinance, policy 611, but to make it a voluntary program. She also urged Council to extend some of the areas regarding height. Norm Hackford asked that the Mayor read a note from the speaker card regarding the need for more citizen review of the EIR. He suggested that for those people who aren't able to stay to make comments in person that they are allowed to write a short note to be . read into the record. Christine Giusiana, from the Chamber of Commerce, said that the chamber would like to keep industrial rather than change it to residential. She noted that if we continue to change, then there would eventually be encroachment on houses instead of houses encroaching on industrial. Lf-fI November 15,2005 Cupertino City Council Page 12 The public hearing was closed at 10:50 p.m. Lowenthal/James moved and seconded to adopt Resolution No. 05-193. The motion carried unanimously. Lowenthal/ James moved and seconded to change the office commercial (non-residential) height in the Bubb Road area to 45 feet. The motion carried unanimously. Lowenthal/James moved and seconded that, in those areas where there was extra height given based on mixed-use, that it be changed to be extra height given based on a retail component. The motion carried unanimously. Lowenthal/Sandoval moved and seconded that the percent-for-art language be re-instated, and that the requirement be changed to a quarter percent for any development that is at least 50,000 square feet, with a $100,000 cap. The motion carried unanimously. Lowenthal/Wang moved and seconded to remove the residential overlay in the North Vallco area, reduce the number of units to 130, and add the additional 170 units back into a pool. The motion failed with Wang and Lowenthal voting aye. Lowenthal/Wang moved and seconded to decrease the housing allocation in the North Vallco area from 300 to 130, and add the additional 170 units back into a pool. The motion failed with Wang and Lowenthal voting aye. Sandoval commented for the record that Council may want to pursue this after the General Plan is approved. James/Sandoval moved and seconded to approve taking 2/3 of the square footage conversions that go for commercial office and put them into the pot with the one for major employers, with major employers being defined as companies with their corporate headquarters and sales offices located in Cupertino. The motion carried unanimously. Wang moved that the growth rate be limited to 1% each year, or 10% per year of the allocation, with a 15% maximum Citywide. Council and staff suggested adding it to Council's work plan to study a managed growth plan for the future. The motion died. Lowenthal/Sandoval moved and seconded to clarify language for how the City uses the "other" categories in the neighborhoods versus industrial and commercial. The motion carried unanimously. James/Lowenthal moved and seconded to adopt Resolution Nos. 05-194 and 05-195. The motion carried unanimously. C{ -{ ^- November 15, 2005 Cupertino City Council Page 13 14. Consider Application Nos. U-2005-03, ASA-2005-05, GPA-2005-01, Z-2005-02, TM- 2005-07, TR-2005-06 (EA-2005-03), Eric Morley (Morley Bros. LLC), 19310 - 19320 Pruneridge A venue, APN 316-06-050 and 051 : a) Use Permit to demolish two office buildings totaling approximately 126,528 square feet and construct a l30-unit town home development and a .937-acre public park b) Architectural and Site Approval for a 130-unit town home development c) General Plan Amendment to allocate 130 residential units for a proposed town home development d) Rezoning of an 8.5-acre site from Planned Industrial Zone to Planned Residential Zone e) Tentative Map to subdivide an 8.5-acre parcel into 31 lots for a 130-unit town home development with a public park f) Tree Removal and replanting of approximately 81 trees Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint presentation. He said that Council needs to also consider granting a mitigated negative declaration, but there is no need to adopt a General Plan Amendment. He reviewed the conditions of approval. A video was shown of what the site would look like. Applicant Eric Morley reviewed a PowerPoint presentation of the project, and the public hearing was open at 12:30 a.m. Pat Sausedo, Executive Director of the National Association of Industrial and Office Properties (NAI0P) Silicon Valley, offered support for the project. She said the project utilizes critical policies that will further the City's economic development strategies; the City has an opportunity to create in-fill housing; serve a housing need for potential future workers; provide affordable housing; and the project is well served by the existing community. Shiloh Ballard, from Silicon Valley Leadership Group, offered support for the development. She said more housing is needed in Silicon Valley and land is difficult to come by. She noted that the top impediment for doing business in Cupertino is housing. Bena Chang, representing the Santa Clara County Housing Action Coalition, said that the development is appropriately located close to transit and retail, and that the increased density is also appropriate. She noted that affordable homes are good for first time homebuyers. L{-{3 November 15, 2005 Cupertino City Council Page 14 Jennifer Griffin said that the project presents many problems. She commented that Cupertino has the choice to be solid housing or solid tech, but hopes it will be somewhere in the middle. She said that she believes the current buildings could be converted into new tech buildings rather than housing. She said that Cupertino High School is being unfairly singled out due to all the new housing projects in the area. Michael Pyle said he was concerned about the precedent of conversion, in addition to the school impacts. He suggested talking to the school representatives to find out what they think. He commented that one-acre is not a park, and encouraged Council to reject the project. Beverly Bryant, representing the Homebuilders Association of Northern California, said that they encourage residential/industrial land conversion, and that this is a perfect project for this. She noted that an adequate supply of housing is essential, and offered support for the development. Mark Burns, representing the Silicon Valley Realtors, supported the development. He said it offers more affordable housing and 20 below-market-rate (BMR) units in addition to being close to shopping and transportation. Applicant John Sobrato said that the project accomplishes 3 goals: I) It removes obsolete space from the market that no company wants; 2) It creates much needed high-quality housing with benefits like a park and BMR units; 3) It creates the capacity to ensure that the anchor companies in Cupertino are able to expand in Cupertino. The public hearing was closed at 12:46 a.m. Lowenthal/James moved and seconded to adopt the mitigated negative declaration. The motion carried unanimously. Lowenthal/James moved and seconded to adopt the General Plan Amendment to change the land use designation of the proposed park from IndustriallResidential to Parks. The motion carried unanimously. Sandoval/Lowenthal moved and seconded to adopt the rezoning ordinance from P(MP) to peRES) and to PR for the public park. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to read the ordinance by title only and that the Deputy City Clerk's reading would constitute the second reading thereof. The motion carried unanimously. L( ~I L( November 15, 2005 Cupertino City Council Page 15 Community Development Director Steve Piasecki noted the following staff changes to the Use Permit: · Relinquish the potential ingress / egress easement · Reduce the park fee obligation to $601.850 to reflect the increased BMR requirement · Require a dedication, improvement, and maintenance of the public park Lowenthal/James moved and seconded to approve the Use Permit as modified by staff with the following additional conditions. The motion carried unanimously. · Keep 6 out of the 9 trees on the front end of the property and transplant up to 12 trees on Ridgeview Ct. · Include 26 BMR units · Require $100,000 of public art funding · Require that the park be not less than one acre Lowenthal/James moved and seconded to approve the Tentative Map, the Architectural and Site Approval, and the tree removal request. The motion carried unanimously. Item number 15 was heard earlier in the meeting. UNFINISHED BUSINESS - None 16. Conduct the first reading of Ordinance No. 1971 establishing 30-minute drop-off zone on Fort Baker Drive: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 11.24, Section 11.24.170, Relating to Parking Limitation on Certain Streets, Establishing a 30-Minute Limited Parking Zone on the West Side of Fort Baker Drive Between Presidio Drive and Hyannisport Drive." This item was removed from the agenda. ORDINANCES STAFF REPORTS COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. L{ -( J November 15, 2005 Cupertino City Council Page 16 ADJOURNMENT At 1:15 a.m. the meeting was adjourned to Tuesday, November 29 at 5:00 p.m. for a closed session regarding the performance evaluation of the City Manager and to hear a petition for reconsideration of the California Water Service on Greenleaf Dr. Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. Lf-Jb