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PC 12-07-72 CITY OF CUPERTIi�?0, STATE �F CALIFORNIA PC-79 10300 Torre Avenue, Cupertino, Ca!ifornia Page 1 Telephone: 252-4505 MINUTES OF THE ADJOURVFD R�GULAR i`;EETING OF THE PLr1iVNING CO�IISSION HELD ON DECE:�IBER 7, 1972, IN THE COUtiCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG Chairman �uthenuth called the r.:eeting to order at 7:43 P.M. �aith the Salute to the Flag. ROLL CALL Co�. present : Adams , Gatto , Ne11is , Chairma.^. Buthenuth Cor.un. absent : 0 `Keef e Staff present: Director of Planning and Dev�lopL�.ent Sisk Assistant C�ty Attorr�ey Terry Associate Flanner Laurin Associate Planner Co�aan APPRO�IAL OF �SINtJTES : Novenber 30, 1972 Meeting • On page 5, line 4, Cormm. Gatto woul.d like ti:e word "will" deleted and replaced t�ith the wor3 "should". Nov. 30th Moved by Comm. Nellis, seconded by Comm. Gatto to approve the L-linutes ap�rot Minutes of November 30, 1972, as corrected. as corrected Motion carried, 3-0 Comm. Adams abstained Tize :lovember 27th Minutes will be reviewed at tne next regular Planning Comriission meeting. WRITTEN COTIMUNICATZONS: Tnere were none. ORAL COMMUNICATIONS: There �rere none. � PC-79 . MINUTES OF THE ADJOURIVED PLAIVNING COi`'Il`1ISSION MEETING OF DECE:�[BER 7, 1972 Page 2 PUBLIC HEARINGS: 1. CITY OF CUPERTINO: Public Hearing to consider the land use element of. the 1964 General Plan and consider ar:lendrnents thereto. Hearing continued. General Plan The Planning Director stated that c�n iJovember 30, 1972, the Planning cieadline Com:nission adopted a resolution to amend the 1964 General Plan in extended accordance with Exhibit A dated Nove:�ber 30, 1972, and authorizing 6 r�onths the existin� approved uses on the proYerty delineated thereon. It further recommended that the remaining existing conmercial zones shall be placed in an apTropriate interir�. zone pending cor.ipletion of the Cupertino General Plan. On December l, 1972, SB 1239 was passed, extending the due date from January 1, 1973 to July 1, 1973. The fact that the deadline has been extended another six months will have some bearing on the action taken by the Planning Commission. The Planning Director stated that reQardless of the action taken bv the State, he would like to retain the deter�inations r.made at the last Planning Comr.iission meetine. The Assistant City Attorney re�eated the options and alternatives open to the Planning Comr.lission. PC dec�sion Comm. Nellis said the decision m�ade by the Planning Com�ission at the still valid last meeting is still val�d, regardless of the action taken by the State. ' Comm. Gatto agreed. Chairman Buthenuth said his position has not changed. �ie had voted against the Resolution. Exhibit A, showing existing commercial properties, �vas revie�aed. Chairman Buthenuth asked for camments from the audience. Vallco Park's Mr. Walter Ward, Vallco Park General Manager, stated that he ceould like position his following statements made a r�rt o.f_ the Minutes of this meeting. �Ir . :�?ard asked that this matter be continued to April 1973. He was concerned that Vallco Park would not be able to obtain loans for building on properties that do not agree precisely with the General Plan. The Plann�ng Director said the vacant area north of Sears and the vacant property at Stevens Creel: Blvd. and Tantau are the only t�ao pieces in Vallco Park that would be under the Interim Ordinance. ''��Ie are Mr. Burrell Leonard, 19165 Pruneridge Avenue, believes the probler.i �ecoming evolves around the fact that Vallco Paric is a Planned Development t�ith governed by various uses. He said this matter of continual jeopardy means that �eople, not by we are beconing governed by people, not by latos. Because this is a mixed iaws." uses type zone, it means that any time you destroy any particular element it destroys the �rhole thing, Any delay in the plans can stop one full builciing season. He stressed that if those two properties are put in a holding zone it will have a very serious effect on Vallco Park develogment. Al1 improvenents are in, and they feel they should not be prohibited from proceeding with their plans. • MINUTES OF THE A.TUURNED PLAt�1NI�IG COi'j"i�1ISSI0N MEETING OF 12/7/72 PC-79 Page 3 Comm. Adams, in light oi the statements made by Mr. Ward, asked what else the Commission could envision on those tc•ro properties than �rhat Vallco Park is planning, Comm. Gatto said we have all the oth�r elerlents of the ne�a General Plan and are close to completion of the land use element. Comm. Nellis noted that 56 acres in Vallco Park have been changed City ras m.ade around. �ir. taard sa:d there have been c�anges in the �arket. He co, tc did not believe this �aas a subsr_antial factor; the changes are in Vallco Park relation to marlcet conditions. He added that they �aould like thei� 1970 map incorporated into any amended plan. He said he failed to� see what is wrong with the 1970 map and asked �ti�hat they are doing ; carong in Vallco Park. Comm. Nellis said s:e bel�_eves the City has � made commitments to Vallco Park. The only problem is, what does this do to the other projects within the City. Comm. Adams said he would be in favor eiiminating that property � north of Sears from the motion made at tne last meeting, based on the fact that he was aware of their plans for that property so�e � time ago, when he was on the Architectural and S�te Approval � Committee. Chairman Buthenuth �?as opposed to the inter'_m ord?nance, If you Opposit�on to are goin� to let so�ne properties out of it, all properties should - �nterim ord. be let out oz it. The Planning Director asked if the_y �aanted to go ahead a.nd consider commercial properties bettaeen now and July l.� Chairman 3uthenuth said he would like to look at the applicatzcns individually ar_d decicie whether or not they shouid be in the interim ordinance. Mrs. Jackie Hall, Baxter Avenue, Cupertino, said what ;t boils Ho��� does Yrc��� down to is what commit�ents the City has made. She asked how the , LID differ frc- Crossroads Assessment District differs from the Vallco Park I Vallco LID Assessment District. She noted that Crossreads has been deleted from the interim ordinance because of the assessment district. � The Planning Director said there have been a number of changes in � Vallco Park since the assessment district �aas *_or^ed. '_'irs. Hall said she sees validity in having an interi.m ordinance, but does not believe Vallco Park belongs in it. The Planning Director said applications that most likely will be Applications filed very shortly if there is no interim ordinance are; rlari_ani ready to be Mall, Vallco Park, and McClellan at Highway 9. filed The Assistant City Attorney answered Comm. Gatto that there are V�lid reasons many valid reasons for continuance of applicatzons; e.g., addi- fcr continuance tional information needed, or time needed to properly evaluate the proposal. PC-79 MINUTES OF THE ADJOURNED PLANNING COI�Lti1ISSI0N MEETING OF 12/7/72 Yage 4 Uiscussion re Mrs. Lucien Hertert, 22830 San Juan Road, Cupertino, was very much in vested rights Ifavor of tiie int�rim ordinance if it helps �;et the general plan coMpleted. She asked if undergrounding of util.ities, landscaping, roads, etc., have to be consi.dered vested rights. The As�istant City Attorney said he does not think the proposal being discussed will deny the property owner i his rights. P�Irs. Hertert asked if it would be d�fferent if it was the ��eneral plan rather than just the interim zoning. The Assistant City IAttorney said it would not be considered vested rights until such ti�e jas the develeper embarks on construction. I \o rush to i�ir. John Rintala, 10101 Scenic Blvd., said that in toda3�`s market place develop now !there is no rush to develop. �'e did not see how continuation of hearings I of Che applications would be detri::ental to the City. i I '�all.co Pa ;Comm. Nellis felt it would be fair to put the property owners on notic.e does not belono'now, before they �o to the �xpense of having drawings made up, coin� in interim ord.ithrough public hearin�s, etc. She does not believe Vallco Park should �be in the interim zoning; it has not changed substantially. Its intent �has re:nain�d essentially the. same since 1963. She was in favor of the �;proposed map exhibit for Vallco Park. Should regionaliConm. Gatto was concerned about the cloud the interim ordinance would shopping center'place over the legal status of the property. He does not think there go iii near is anythin� detri�ental about `Jallco Park; however, tie was not sure in Sears? �his own mind if a regional shopping center is warranted in that Zocation. ;If an appli�ation for tne property near Sears ca:re in for development, ;he felt it would probably be continued. ; `��Irs. Ha11 said the City would be on strong ground if the interim l ordinar.ce �aere adopted; it is a perfectly legal tool. jComm. Gatto felt that Vallco Park presented a valid reason for being �deleted from the interi:� ordinance. There was a consensus of op�nion {that Vallco Park cannot be excluded from the zoning regulation since �it did not meet the criteria oF the staff's November 30th me_�o. � PC Res. 1125 ;'Ioved by Co::?m. GatCo, seconded by Comm. i�lellis to recor to the City rescinded 'Council the rescision of Planning Commission Resolution No. 1125, based ion the facts that subsequent actions on the part of the State Legislature 'have indicated that the urnency of a general plan amendment is no longer I valid or necessary, but further stipulate that in order to further the ,orderly development of a Qeneral plar_ tha* an interim study zone be imposed on the properties described in Exhibit A, exhibited here this evening, to run for a period of four months. � MINUTES OF THE 11DJOURNED PLAIVNI2IG COMMISSION MEETIN� OF 12/7/72 PC-79 Page 5 Amendment to the motion: Amendment made by Comm. Gatto, seconded by Corzm. Nellis that the Reasons for reasons for the interim zoning are those set forth in the proposed interim ord. draft of that ordir.ance in Section 1 entitled "Findings". Vote on amendment: • AYES: Comm. Adams, Gatto, Nellis, Chairman Buthenuth . NOES: None A�3SENT : Comm. 0 ° Keefe Amendment carried, 4-0 Vote on motion: AYES: Comm. Adams, Gatto, Nellis, Chairman Buthenuta NOES: None ABSEN'T : Conm. 0' Keef e Motion carried, 4-0 Chairman Buthenuth said this matter will go to the City Council on Dece:�ber 18, 1972. Chairman Buthenuth called a recess at 1�:35 P.M. '�ieeting reconvened at 10:46 P.Ni. The Planning Director said the original plan for this adjourned Discussion on meeting was to discuss residential properties in the same vein residentiai as the comr.iercial properties have been discussed. He asked the properties Planning Commission if there are areas �aithin the City that the Commission feels would be in conflict �,Tith the Commission's ideas for those areas if they <<�ere allowed to develop. He then r�vie�ved the Monte Bello Ridge Interim Zoning 3oundary Map. Some of the areas to be considered in this vein are the Mackay Homes on McClellan, the five acre piece on Homestead near Freeway ��85 (where the City took action to de--annex in favor of the City of Sunnyvale) , the multiple-zoned vacant proper*y at Salem and Foothill Blvd., the five acres at Maxine Drive and Foothill Blvd., and the twenty-one acres near the ciLy park that are zoned for multiples. �'C;-7� �1I�VTr;S OF 1:-1L•' �1PJVUR�rD PI.�'�:`;.;I:�;i CO"i::ItiSIJi� i':I:ETl',vG Oi^' 12/7%7?_ : age 6 . The �'lanning Department has dane so:r.c cal.cul.ations on densities in so�nc� of t;1e neighborhoods, talcin� into consicteration the undevelo�ed property and there did not sEem to be anv real proble�~:s. �Chairman Buthenuth did nat fcre=ee aay sgecial oroblems, exce�t for the (property on Stelling. If tilis applicatior� should co�-e in before the general �,lan is adopCed, tl�is could be dealt with individually. Cnairman Buthe:�utti asked for comments from the audience. There �aere � no ne . �en'1 Plan .`loved b5 Ccm:�. Nellis, seconded by Co.r�. 11da�:�s to continue tne public ::earing �hearing on the ger�e�al pla:� to �ece:�ber 11, 1972. �:?ntAnued ( :fotion carried, 4-0 ; UNFINISi�ED BL'SI�;ESS � soals Ccr.�. �Goals Com�nittee Report. � ��o.r. t �^ntint�ed �o ��hairnian 13uthenuth, aiter chec�ing �J.ith the C�r:mittee, cont�nued tiZis ���c. lir_� jmatter to �ece:�ber 11, 1972, � j . I ' =:2xt �ee`ing �:��ter scme discussion, it ��;as decided the sec��d re�ular Planni:�g ,ec. 2�tn ; Cor.��:ission meeting in Dece:::ber �:aould 'oe ne�d on T?zursday, Dece-�ber 28tn. I � . � ADJOUR�,TMiE�1T � lMoved by Corun. Adams, seconded by Co;�,m, Gatto to adjourn the neet�r_g te � �Dece;�her 28, 1972. Meetir.g adjourned at 11:10 F.�1. � T`��tw �n c � -_.- _ arriecl , 4-0 , APPROVED: /s/ John W. Buthenuth Criairman ATTEST: /s/ �+tm. �. Ryder City Clerk