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PC 11-30-72 ' CITY OF CUPERTINO, STATE OF CALIFORiv''IA PC-78 10300 Torre Avenue, Cupertino, California Page 1 Telephone: 252-4505 MINUTES OF THE EIDJOURNED REGULAR MEETING OF THE PLANNING C0�1rIISSIO HELD ON NOVE.�'L�ER 30, 1972 IN THE COUNCIL CHAMBER, CITY HALL CUPERTINO , CALIFORi1IA SALUTE TO THE FLAG Chairman Buthenuth called the meeting to order at 7:35 P.M. with the Salute to the Flag. ROLL CALL Comm. present: Gatto, Nellis, 0'Keefe, Chairman Buth�nut:z Comri. absent : Adams Staff present: Director of Planning and Developnent Sisk Assistant City ACtorney Terry Associate Planner Laurin Associate Planner Co�aan PUBLIC HEARINGS 1. CITY OF CUPERTINO: Public Hearing to consider the land use element of the 1964 general plan and consider a�endments thereto. The Planning Director began the discussion by passing out the staf raer.io and some additional reports on the Saich groperty. He noted this Public Hearing was continued from the regular r:eeting of the Planning Cornmission on November 27, 1972. A series of maps were on the bulletin board, color coded to represent various stages of develop�ent of comrtercial and light industrial zones in CuFertino. Following is a list of projects that :�ave been approved: Shopping Center, Mary at Stevens Creek Blvd. Use Per:ait Hilton Hotel, Vallco Park Use Perr:iit Car Wash, Alves Drive at HightYay 9 Use Permit Chrisman Office Bldgs, Torre Avenue Use Permit & A & S approva Ruth Property Tent. Map & Recordation S.H.A,R.E., SCB at Saich j�ay Zoning Bumbleberry Pie Parlor A& S Approva p�-7$ MINUTES OF ADJOURNED PLANNING COMMISSION MEETING NOVEMBER 30, 1972 Page 2 Dedications have been received and projects have been started on the general commercial property at Highway 9 and McClellan and on the Planned Development at Mary Avenue and Stevens Creek Blvd. In some cases, conditions have been p_laced on commercial zoning. Difficulty in Comm. Nellis asked what kinds of problems the Planning Director interpreting anticipates after January 1, 1973 with applications that come in. red dots The Planning Director said tne proble:�� ti�ill be in trying to interpret the red dots. The Jaw says that as of January l, the zoning must be Problem� in in conformancP with the general plan. It must be precise. In addition �!ultiples to the commercial zoning to be resolved, there are some areas within areas the City with multiple zoning which are almost totally developed and have reached maximum density planned for those areas. Avenues open The Assistant City Attorney suggested the Corur.ission may want to to the put together son:e type of interim study zone. He answered the Planning Chairman that the Commission must look at alternatives. In terms Commission of consistence, t�e.City may have to initiate zoning proceedings to make certain properties consistent �,�ita the 1564 General Plan. In cases where there are inconsistencies zt �aill be necessary to either amend the General Plan or initiate proceedings to rezone. LID formed in In the case of the Peppertree Assessment District, the Planning Director conjunction said this is something that will be of benefit to the entire com.:munity. �a/PD zonin� This LID was forried in conjunction with the PD development. How to deal Cor.li-n. Gatto asked the Attorney the status of properties with existing :vith status of uses outside the general plan. The Assistant City Attorney said they ?roperties would 'be classified as non-conforrling uses; this would include those outside the under construction. In *hose areas incor.sistent with the General Plan General Plan and the Zoning Map, �ae can initiate proceedings to rezone the property to more accurately reflect the General Plan or �ae can adopt a resolution reflecting an ariendment to the Generai Plan stating these areas are in a holding zone. How do we Comm. Nellis noted that most of Cupertino's co�.mercial developments at define City's various stages of development are in Planned Development zones and are commitments? fairly well controlled. She was, ho��iever, concerned about several of the smaller ones. For instance, she questioned �ohether the City actually has a commitment for all the property along Highway 9, north of McClellan to be commercial just because Sambo's is built. Work toward Attorney J. Robert Dempster said that since he has lived and worked for balanced the City Governr_lent for a number of years ize is surprised no�•� to hear community. there is some desire to roll back some zonings that are now com*�ercial. He told the Planning Commission they should start *,�Tith statistics; personal feelings should not enter into this. Years ago it was decided Cupertino would work for a"balanced community". MINUTES OF ADJOURNED PLANNING COMNIISSION MEETING NOVEMBER 30, 1972 PC-78 Page 3 Attorney Dempster said that on each of these parcels designated commercial there has been a great deal of time and effort put fort in the form of public hearings, etc. He recommended the City bring the zoning into conformance with the General Plan. He said this City has great plans for buying open space and to develop the park lands already purchased. This takes money. Mr. Dempster asked what alternate uses would be considered for Stevens Creek �lvd. and Saratoga-Sunnyvale Road. He did not think it was suited for residential. There �s the possibility so�e cf t e areas may be developed into office b�aildings. The noise and traf- No more reside: fic factors on these t��o Main streets would make residential use tial along the prohibitive. He said what the City should not do is alloca any freeways. more residential developments along the freeways. Jerry Fitzgerald, 10191 North Blaney Avenue, Cupertino, has spent some ten years on tne Ceuncil, Planning Com�ission and Architectur 1 and Site Approval Ccmmittee in Cupertino. He researched tne minutes of the meetinos �aith the planning censul*a�t and �_uoted Red dots snoulc portions of the riinutes he felt �aere relevant. T1r. Sh�enfelt, the ha�.�e been consultant, indicated repeatedly at the tirle of_ the publ,ic hear;n� re�::oved from that the red dots on the zoning r.1ap �aere not specif_ic areas and Zoning `�iap did not include strip zoning, They could be r��oved up and do�vn the street and around the corner, within that general area. This zoning map was a guide for the Planning Commission and the City Council for their decisions on 2oning matters. The Ccunc�l had asked the consultant to re:nove the red dots, but sc7eho�a this �aas not done. He said we were the f�rst city in the CoLnty to have H-Control. G�Te have the best Sign Ordinance in the County. rir. Fitzgerald said it takes at least six months to a year to get the leases put together for a shopping center; and this should be taken into consideration. Ann Anger, I�onta Vista, said she did not agree witn either Inequities in AZr. Dempster or Mr. Fitzgerald. GIe are now really concentrating ta:�ation on Planned Develop:nent rather than strip zoning, �uhich she feels is a wise decision. Sn.e said she has access to County records and has learned that some industrial and sorie of the commercial . properties are paying far less in taxes than some residential. Mr. A1 Kriesleman, De Anza Circle, said he is a hcmeowner and also Time to stop owns some commercial property. There is a feeling in the cor.:munitl and reflect that the people want to cnange their ccmriunity. Our recent elec- tion of Council me::bers is a manifestation of this feeling that there is room for improvement in sor.le areas. He said it does not hurt to stop and take a look at where cae have been and where we are going. PC-78 MINUTES OF ADJOURNED PLANNING COMr1ISSI0N r1EF.TING NOVEMBER 30, 1972 Page 4 Property o�aner Mr. Don Bandley, 10054 South High�aay 9, local realtor, said he has been wants to kno:. checking the maps displayed at the joint Planning Com�ission; CitS� Council now if there meeting and the last Planning Commission rieeting and is very concerned are plans to about those red dots and their significance. He was vitally concerned rezone his to learn if there are any plans for changing his residential or cor.lmercial properties property zoning. Zoning Map Former Councilman Gary Stokes asked the City Attorney how specific the must be law is in interpreting zoning of specific pieces of property. The specific Assistant City Attorney said the law says the zoning must be consistent with the General Plan, regardless of size or location. Vallco Park's l�ir. G'alter Ward, Vallco Park General Manaoer, 10750 North Wolfe Road, position Cupertin�, presentzd a schedule he had prepared for the 349 acres in Vallco Park, start�ng with tr.e initial plans in October of 1963, and on up to tlze pr�sent. He said they have had public hearings on the initial Planned Develop�^.ent zcning and each subseq_u�nt Use Perr.iit, as well as on any changes in their r.taps as the develop�:ent has progressed. �ioratorium Atto:ney Tom 0'Donnell said he repre�ented the property o�aner at would be a McClellen and High.�:ay 9. He submitted a rencrt on the status af their hards:�ip proposal for development of that property. He said many hours have �een spent on this proposai and a moratorium an tre property would be a real hardsizip for them. He said he believes "moratorium" is jusc a pclite word for "roll back". A11ow construc- Pat Rogers, Auburn Drive, said a great number of ?eople have studied the r_ion where general plan and interpreted it difterently. He ie�t there were three forms have alternatives: 1) Irsmed_ately malce the zonin� map co^for:�� to tize 1964 been poured generai plan; 2) Declare a moratorium; 3) Adopt se:�� inter�:�ediate �lan. He suggested the City t,�ait to hear what the �c�nomist has to say. Take the time to ass�milate all the facts. In the r.leantime, alloca construction to begin in those cases ;ahere the forms have been poured. Mr. Noor Billa�aalla, South High�aay 9, said the Zoning Map is the specific plan; the General Plan is more general. Iicnor the most Comm. Nellis commented that she wished the motion r�ade in 1964 to remove . recent the red dots had passed. She felt the question beforz the Planning �rojects Commission at this time is what to do until the precise plan can be adopted. In the general plan study a11 the zoning ::ill have to be reviecti�ed. She felt the plannin� consultant wauld be helpful in that. She feels that to adopt the present zoning r,iap would be a mistake. She tended to favor the map that tr::.es to honor the �ost recent projecCs, where �round has been broken and the projects are under way. MINUTES OF ADJUURNED PLANNING CO;�'�IISSION MEETING NOVE��BER 30, 1972 YC-78 Page 5 Comm. Gatto said he agreed basically witn Cor.im. Nellis' statertents Use holding He felt there must be some reason a�hy those zonings that were zone �•?itr. passed some years ago t:�ere never develoned_, u? said that nothing a^�endment the Commission does at this tiTM.e should undermine the new general plan that is so close to fruition. �iis feeling is t�at a combina- tion of amendment with a holding zone ��7it:: Planned Developr.:ent overtones would be a good a�.proach to the probler.l. Corun. 0'Keefe agr.eed that past co:Tunitments should be horiored. He Adopt v�able said we have reached the point �ahere we �iave to adopt a viable plan plan that will serve tne cor:��unzty in good stead for years to come. Chair�nan Buthenuth comr.tented that if t:".at la: hadn't been passed Adopt existin� we would be working on our ne� general plan right no:a. He felt zoni.ng map & the existing zoning map sl�ould 'oe adopted so the Corunission could work on ne�ti get on wiCh the ne�•� general plan. It was felt that if this general �1an approacz were used there taou_ld be a sudder_ sur�e to gat commercial properties developed, d'ue to the threat of emminent loss of zon Others felt it would be impossible to put togetner a develaaT�ent plan in such snort order. Mr. Fitzgerald said that the for�er City Attorney had instructed the Council that as each application :aent through publ.ic hearin� and an ordinance was passed, this automaticaily updated t:�e general plan. Our current City Attorney disagrees �vitiz this. Comm. Nellis said that right now we have a r�oratorium on develop- Moratorium ment in t:1e hills, and that perhaps it �•lill be extended for one until April year. She sees the same philosophy here. She said the Com:nission _is only asking for a moratorium until April to tr} to get a handle on the new general plan. Comm. 0'Keefe said that we are dealing �aith tn.e very neart of our City and are asking for some tir.ie to bring together some integrate plan. He did not feel this was unreasonable. Mr. Stokes said the hillside moratoriun has been in etfect for pon't acce�t over a year and the developers knew that �ahen they proceeded :�ith any ne:� their plans. This is not necessarily the case here. He said we applications are cot;�paring apples with oranges when co.:�paring hillside develop- ment with commercial developnent. He did say, however, tnat th� City should maintain control over the developr.�.ent of the property. It is unrealistic to say a moratorium �si]_1 only last a few months. He believes a moratorium urill create ��ore csork for thz City. He suggested the City not consider any ne� applications at this time, but to allo�r tYiose already begun to proceed . p�-7$ t�INUTES OF ADJOURNED PLANNING COr�^ZISSION �MEETING NOVENNI�33ER 30, 1972. Page 6 Ac�opt holding The Plann�.ng Director feels that if the present zoning map is adopted zone and get we will be faced with a lot of apglications. If a holding zone is ne�a general adopted c��e would have the time to �torn on and get the new general plan plan finished cor�pleted. He questioned hoti� any ne�a applications could be properly evaluated until we have the new general plan. Comm. 0'Keefe felt that by waiting for a brief time t,�e �aill be serving the private sector that wishes to develop cur City in a meaningful :aay. 9 months of Mr. Fitzgerald said the 1964 general plan took nine �onths of gublic public�hearing hearings. for '64 plan rlr. Robert Gonzales, 10461 Stokes Avenue, said he empathized with all factions on this matter. He does not see how the property owners can be happy with their present zoning Taith floating red dots. He felt the best course of action for our communit;T is to take an overvieca of t:ze situation. Bank loans Mr. Stokes said there probably would be a great desire for people to after lessees develop tneir co:ti�ercial pr_operty right a:aa;T, but they won`t get the have signed money at t:ie bank until they have lessees signed up. Consultant Cor.un. Nellis aslced ��hat the duties of the consultant �ill be. Tne here until Planning Director said he will advise the Planning Departrient relative April to the economic considerations. His contract runs to April. The Planning Director feels =.ae shall have a new general plan by Apri1; we have been �aorking on it since last June. Mr. Fitzgerald was concerned about the authenticity oi the Char.iber of Comrierce map that has had wide di�tribut�ion. The Planning Director as?ced t��e Commission for sorle direction or. those areas that are ch.iefly developed: Foothill �lvd. area, riiller Avenue area; Kiverside Drive and Stevens Ca:�yon Raad area. Co^un. Gatto said ��e need to be consistent in the residential as ���ell as the commercial zones. Comm. 0'iZeefe and Nellis �.greed. Public Hearing Moved by Comm. 0'Keefe, seconded by Comrn. Nellis to close the Public closed Hearings. AYES; Comm. Gatto, Nellis, 0'Keefe, Chairman Buthenuth NOES: None ABSENT : Comm . Adarls Motion carried, 4-0 MINU�'ES Qk' AD.IOURNED PLA:�INING CONIriIjSl(�N i1F.ETING NOVF'.'1.T'ER 30, 1972 PC--78 Page 7 Moved by Comm. 0'Keefe to adopt a resolution anl�nding the 1964 general plan in conjuncti.on �aith Exhibit A of tne 1964 plan to be held in an interim zone and to instruct the Plar.n�n� Di_rectar to delineate the uses of the proper.ty. This motion died for lack of a second. Chairman Buthenuth called a recess at 11:00 P.M. The meetino reconvened at 11:15 P.�i. Mr. Stokes asked to have the Public Hearinps reor2ned on the basis of the discussion on residential zones taking place after the Public Hearings were closed. Moved by Cor.im. Nellis, seconded by Ccr.mm. Gatto to reopen the Public Hearin^s Public Hearings, reopened Motion carr�ed, 4-0 NIr. Stokes spoke in reference to one r.esident�al property ti�at had public hear�ng �ait:�in the past three nonth� and for �ahich he is ready for H-Control revie�a. He feels tnat �f one ?lan ne�ds to come bacn then t.�ey s=�ould all co-�.e back in for all zoni�gs , Discussion follo��ed. There was scr..e fe�ling that the motion should stand and at the next meetin� they should talk about residential. � • Moved by Comm. 0'Keefe, seconded b,; Conun. Nell�s to adopt a Mction to r.esolution amending the general plan oi 1964 pursuant to Exhzbit A am�nd 1964 dated Nove�ber 30, 1972, attached hereto, and authorizing th� General P1an existing approved uses on tne property delineated thereon. It is further recom.'nended that the remaining existing com�ercial zones shall be placed in an appropriate interim zone p�nding completion ' of Che Cupertino General Plan. AYFS: Comm. Gatto, Nellis, 0`Keefe NOES: Chairman Buthenuth ABSENT: Comm. Adams Motion carried, 3-1 1`IINUTI:S �r tll)JOUK'dI�ll PI.��dNI;�G CUi�iT.SS10,1 �11:LTI;�'G NOV}.',�t�I:R 30, 1972 PC-78 1'age 8 ADJ OL'RN:�II:NT r:ov�d by Comm. Gatto, seconded by Cor�im, ileilis to adjourn tr;e Adjourned to ;neeting to T.�ursda� , D�ce;iber 7, 197?. at 7:?0 P.rf. This ��eting Dec. 7th adjourned at 11.:40 P,M. - rlotion carried, 4-0 APPROVED: / s/ John W. Buthen Chairman ATTEST: • /s/ Wm. E. Ryder City Clerk