PC 06-13-73 CiTY OF CUPERTINO, STATE QF CALIFORNIA PC-106
1C�300 Torre Avenue, Cupertino, California � Page 1
Telephone: 252-4505 .
MINUTES OF THE ADJOURNED REGULAR MEETINu OF THE PLANNING COMMISSION
HELD ON JUNE 13, I973 IN THE COUNCIL CHAMBER, CITY HALL,
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG '
Chairman Buthenuth opened the meeting at 7:41 p.m. with the Salute
to the Flag.
ROLI. CALL .
Camm. present: Adams, Gatto (7:46), Nellis, 0'Keefe, Chairman
Buthenuth '
Comm. absent: None
Staff present: Director of Plannin.g and �evelopment Sisk
Associate Planner Cowan
Assistant City Attorney Terry '
Economic Consultants Arnold and Levy
PUBLIC-HEARINGS..
, l. �ITY OF CUPERTINO: Public Hearing to consider 1973
Comprehensive General P1an. First Hearing continued:
Chairman Buthenuth referred to a letter received from Nnrris, Beggs
and Simpson, noting a copy would be distributed to the commission
members. ,
The General Plan Statement for lower foothills was continued. Mr.
Levy gave a brief su�aary of what had been considered at previous
meeting. .
With regard to Policy Statements, Chairman •Buthenuth noted that '
eventually some type'of density must be arrived at for the foothills
between now and the first of the year when the moratorium on foothills
would be lifted. The third statement under Policy Statements was dis-
cussed briefl.y.
Comm. 0'Keete noted that at the last meeting just as they were con-
cluding, Jack Hall had made reference to a.11 land use being designated �
as residential and had suggested several other categories, such as
recreational, flood plain and open space.
Mr. I.evy noted Haney Creek site would be talked about in parks and
oth�r pieces in open space.
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PC-106 MINUTES OF THE JUNE 13, 1973 ADJOURNED PLANNING CONI�tISS:LON MEETING •
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Mr. Arnold noted that one of the most important ideas coming out of the
evaluating of seismic, flood control'plain, etc. �•ere the diiferent per-
spectives talcen by the public and the private sector. The public sector
would try to find another place for the development of this element, while
the private sector would want to see how he could make that piece acceptaUle.
Mr. Arnold posed the question, if there is any riish� why consider develop-
ment at all? - �
Comm. Gatto noted zones were to flag potential developmental problems .
and disturbances. It woulc3 be up to the Council to determine what type '
of use they would make of those overlays.
Mr. Arnold said most publi.c jurisdictions are still taking distributional
impacts as their key criterion and leaning toward wanting to allow the
private developers to "correct the situation".
It was noted the handling of density would be through ordinance rather
than the General Plan. Comm. O�Keefe said as he understood the law as
long as the policy statements gave property owners some guide lines
they had met the requirements of the law. The General Plan must be
� a predictable instrument which cannot be changed and the zoning cannot
be changed to change the whole character of the community. •
Ms. Jackie Hall said it was her understanding tY►at as of the first of
July, the zoning u►ust be in conformance with the General Plar� and the
' two go hand in hand. She questioned denotiiig low density without
specifying density. A discussion on the definition of low density was
then held. A general agreement was reached that 0 to 4 units per acre �
was acceptable, depending on the overall plan. Mr. Levy noted this could be
an interim zone until the end of the year. �
. Comm. Gatto noted they had a density of 0 to 4 units per acre; what they
needed now was a formula on how to evaluate each par.cel.
Mr. Terry pointed out they were not zoning now, they were considering
density. He suggested hillside residential with lower than valley
� floor density was being talked about as a holding device, reading
• material vital to this goint. Mr. Terry said density must be specified
to fulfill the state law.
. After further discussion, Comm. Nellis said she had noted some things she
felt might be added to the format. She read what she had been considering,
saying these would be typed up and a copy given to commission for their
consideration. She also read policy statements she felt could be taken�
under consideration. When the ordinance is written they should be put in
such a way as to include these policies. .
Comm. Nellis noted several areas she felt worL of investigation: wild
life, historic sites, both in foothills and valley floor. Mr. Sisk said
there was work �being done on this now.
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MINUTES OF THE JUNE 13, 1973 ADJOL'RNED PLANNING COMMIS�ION MEETING PC-lOb
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Comm. Gatto noted a good General Plan would delineate where environ-
m�ntal concerns might be. Mr. Sisk noted thE Gener_al Plan should
speak to broader uses and alternate land uses.
Ms. Jackie Hall commented she was reassured by this consideration. If
there �aere a hillside zone that would allow these uses, there is the
moratorium through the rest of this year. �,'ith the staff working on
slope density, she wauld prefer to see no numbers designated and go in
the direction Comm. Nellis had been speaking of.
Mr. Cecil Mahon, 22045 Regnart Rd., Cupertino, said he agreed with not
setting density now; take each application as it comes in and pass on �
the merit of land as to whether it is feasible to build high or low .
density. He had lived on his property for 31 years and helped make
the hills green by his planting.
Mr. Harold Ashton, representing Kaiser �pruperty, asked if he understood �
each piece of property would be evaluated on its own. merit? Chairman
. Buthenuth explained there must be a General Plan and some type of
zoning. When the ordinance was written, then the property owners
could apply and be heard. •
Comm. Nellis cautioned that "equitable treatment of preperty owners
af the lower foothiTls" did not mean that each piece could be taken .
one by onP, Some format must be arrived at that covered all the area.
Comm. Gatto noted that overall density would be signi.�icantly lower
than �ahat same parc:el would gain on flat land.
Mr. Levy ascertained.the applicant will know exactly where he stands .
with not much scope for bargaining. Comr.i. Adams commented guide lines
will have to bP written in, also taking i.nto cor.sideration roads and
services. Comm. Gatto named several things tl�at would have a bearing
on the allowance. Comm. Nellis reminded the commission they were try-
ing to get away from the subjective parcel by parcel revie�a.
Mr. Jack Lyddon, 11081 S. Stelling Road, Cupertino, noted every piece
of propezty is different in topography and the comment has been made
that all lands will be treated on an equal basis, with decision being
based on slape and roads accessability. He was glad to hear this.
He said he was owner of the Seven Springs Ranch and the Fremont Older
' property. � •
� Chairman Buthe:tuth asked Mr. Lyddon if he were aware Seven Springs
Rancti had been taken out of the hillside study, since it was substan-
tially flater. Chairman Buthenuth rated it was also writter� into the
Williamson Act. Mr. Lyddon pointed out it was a County jurisdiction
as to whether. it wouJ.d rema�.n in the Wil].i.amson Bi:l1.. He said it would
appear that the General Plan is sucti that it wi11 be narro�aed down to
where it wili exclude Seven Springs Ranch fr�m any present plans. Mr.
PC-106 MINUTES OF THE JUNE 13, 1973 ADJOURNED PLANNLNG COMMISSION MEETING
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Lyciaon then explained how the property had come into the sphere of influence
of the City o£ Cupeztino.
Mr. Sisk said if he understood it correctly, what Mr. Lyddon was saying
was that if the city was not going to consider his property for other
� than agricultural zoning, perhaps another city would. Mx•. Sisk then
spoke to the relationship of sphere of influence and the Urban Service
Area. Anything unc�er 'L-1/2 acres could not be developed and st�ill be
in UrUan Service Area. This is still being discussed before the Board
of Supervisors. �,1ays of changing spheres of influence were also dis-
cussed. '
The Williamson Act and how it applied to Mr. Lyddon's situation under
, his understanding and that of the commission was discussed.
Comm. Nellis ascertained that at this time, Mr. Lyddon had a 10 year
contract under the Williamson Act on the Seven Springs Ranch property.
Comm. Nellis then explained why agricultural zoning was given to this
piece of property it shows as having some of the best soil in Santa
Clara County, presently it is being used for agriculture and it is
a large enough parcel to make a go of agriculture.
Mr. Lyddon then g,ave the bacicground of how, although his property is in
the County, he had become involved with the City of Cupertino. Comm.
Adams further commented to r1r. Lyddon that not only because of the city's
desire to extend agricultural property as much as possible had they con-
sidered zuning for agriculture, but because they had understood it woul.�
be an illega.lity in zoning Co make it residentia.l while it was under the .
Williams�n Act. Mr. Lyddon noted glanning is not tantamount to zoning.
Chairman BLthenuth pointed out that after July l, 1973 the land cannot
be developed unless the zoning conforms to the General Plan. Mr. Lyddon
said that was his understanding, but he would like to do somethiiig else
with his land.
Comm. G�tto then explained to Mr. Lyddon how they had analyzed alternative
uses within the city and one use for his property was agricultural and the
other was residential. Through Mr. Peter Lert, the commission had discovered
' there caere limited areas for agricultural use in the city. When r1r. Lyddon's
particular piece of iand came up for consideration, it �aas discovered it had
the criteria to become a resource area because of its size, type of soil and
].ocation. .
Comm. 0'Keefe asked Mr. Lyddon's reaction. Mr. Lyddon said he didn't
, believe it caas the best use for the property, and if tha city were to
say it was forcing hi.m to stay in farming, it would force Yiitn to annex
to another city.
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M��T:.1TES OF T�IE JUrIL' 13 1.�73 �JOUx�n PLANNING COMMISS$ON MEETING PC-106
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Mr. Billawa)_la, 20252 Hill Avenue, Saratoga, aske� for clarificatioti
of polic� statements made by Corran. Nellis. It was explained these
statements would he typed up and considered at ano`�her meeting.
Mr. Billawal.la then questioned other policy statements about maintain-
� ing hillside; rhis would mean no building at all. With regard to the
moratorium, Comm. Nellis explained the purpose of the moratorium was
to allow the Hillside Subcommittee to continue its s�tudy.
� After several other discussions, Mr. Billawalla questioned the removal
of Voss Avei�ue from foothills area and said his piece of property at .
the end of Rainbow Drive should have simi.lar treatment. Comm. Nellis
pointed out the removal of Voss and Seven Springs R_anch had been for �
the purpose of study only. It was ascertained that only 3 acres of
Mr. Billawalla's property was flat and Mr. arnold remiuded the
commission of their criteria of not consideri_ng any pieces less than -
5 acres.
� After a lengthy discussion,, Comm. I�'ellis proposed that Voss property
be put back in foothills and Seven Springs Ranch property remain part
of the valley iloor. Seconded by Comm. 0'Keefe.
Moti�n carried, 5-0
Mr. Billawalla then questioned the procedure fer Getting a General Plan
amended. He was told this had to be done through the Plannin.g Commissio
or City Council, although the private o��rner could file an appl.ication
for review.
Mr. Billawa).la aslced that terms be defined : character of foott�ills , etc. �
As he understood it, this would mean no development at all. He was
told the hillside cannot support type of dev�lopment as on the vaZley
floor; would require a type that � absolutely minimize disturbance
to the hil.lside and that is �ahat tlze crdinance will speak to. Mr.
Bi11a�,�all.a said a goou development with the planting of trees would
really upgrade the hills and make them what *_hey used.to be.
Mr. Terry said the findings set forth in poli.cy statement and unti.l
such time as a zoniiig ordinance had been adopted to carry out these
. • policy statements, it wuuld be his opinion that the existing hillside
interim zone wauld noL be inconsistent with policy statement and finding .
. A brief discussion was then held with Mr. I�arpen with reference to a
statement under. Goals 1., Policy 6, sub a.
Chairman Buthenuth asked for commer.ts from the audienc�e. There were
none. �
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YC-106 MINUTES OI� THF. JUNE 13, 1973 All.JOURNED PLANNING CONI�ZISSION MF,�TING
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Chairman Buthenuth noted the three zonings to be considered for the
policy statement were agricultur.e, recreation and optn space.
` Mr. Tyddon asked if there were any possibil_ity that rhe comrnission might
� reverse the decision they haci made on his land. rir. Gatto said the two
alternatives beiiif; consider.ed were residential and a�riculture. Chairman
Buthenuth said hopefully some time next week a vote taould be taken on the
General P1an and �Ir. Lyddoi� should be present then.
At 9:45 p.m. a recess was announced with the meeting reconvening at
10:00 p.m. .
, After tlie break, Mr. Lyddon said he was concerned that he had not had a
chance to be present �ahen they were discussing his property. He f_elt a
matter of this seriousness required that the owner be allo��ed �o express
his interest before a recommendation was mzde. He told the commission
that it was economically not .Eeasible for farming, even with the Williamson
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Comm. Gatto said they did appreciate l�ir. Lyddon's comin� and to answer one
point, he assured Mr. Lyddon that Cupertino did c•�ant him as par� of the
city. His parcel is one of the few, if not the only one, that can take
` agriculture in this area and �oould provicle somethin� that would be an
addition to the over.all community.
Comm. Nell�is said based on a l�ooklet by ieter Lert and the criteria con-
tained in�it, rlr. I,yddon's property is the only one that makes it. She
noted they were not speaking only of agriculture use in general, but of ,
greenhouse nurseries, etc.
Mr. I,yddan spoke to the rights of the owners to have flexi.bility for use
of their land.
P�r. Karpen said restriction regarding flexibility of use of land and
eventual sale of property was covered on page 3 of Goals Statement;
the city should take more active role in use ,�f land but not interfering
�aith general use of land .
� Comr�i. Nellis asked about retailing from nursery sales. Mr. Lyddon said
that is a lease operation. rlr. Lyddon said the y�eld dces not pay�for
itself and he is holding it at a loss at present time. Comm, Ne11is asked if
the same situation would exist when the apricots and walnuts had reached
their full potential and Mr. Lyddon said it would.
Chairman Buthenuth thanked Mr. Lyddon for coming and the meeting then con-
tinued �vith study of neighborhood and community Parks under the open space
element.
, MIN[.TTES OF `l'HE JUNE 13, 1973 ADJOURNED PLANNTNG COr�i2ISSI0N tiEETING PC-106
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r1r. Levy �rent ovcr residential al_tc� r�ap to sh�ta what that �
implied for park needs. �Ie explainea the ina.p and what each colored
area represented.
Looking east of Iii.ghwray 9, �.t becomes clear or:ly faci7_ity that can �e
considered as cot�tmunity park t•?ou]_ci �e. high scl:nol area. The consic3era- �
tion o� schools in co:nmur.it�y par�: acrea�e will mak� a large difference.
If just parlc sites are courLted, a subst:antial shortage� wil.l show.
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A discussion waa held regarding what schools in are�a do have the �
�acilities and are. avaii.able for use. Coram. 0'Keefe said one point y •
to be consi.dered wa� that use af �cliool sites wrould be mere or 7ess ?
subjected to the policy of the individual schaol principal. It was �
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noted that we11 trained supervision is needed� 5e�veral rulings of *he �
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cliiferent school. r�istrict as they i-aould affect the facility usage �
t�7ere 'broughr. out and discussed. Usable tim� t�;as discussed. Niost !
school f_aci].ities are or�? y available aEter scl�ool hours or on w�ekend.s ;
and holidays. . �
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Comm. Neilis said she did noL taish t� see duplication bui: she 'LJULilC�I � �
, have to aore� that where ther.e is no ciLy dezreloprnent on the school �
sitc: this taould not meet obligatic�ns for open space. She proposed ;
taking into consideration �,rhat the �chools have to o£fer in the way af �
ceti:ain f ac:iliLies arid ii� conjunci:ion �aiLh the�se add a�ditior��l �
facilities and wor.k with the school5, ;
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Park acreage for ditferent levels o£ residentia� growth tvas discussed. �
Major residential. grotath on ctiurch property, Se�=en SpYings Kanch and
core �.rea woul_d require planning for dedication for par�:s. �
He mentiori�d f ive el.ementary sciiool. sites that coul.ci provi.3e areas �
for patks if they were brou�ht up t.o �tandard;a o� city; Doyle, I
Sedgetaick, Gaiden Gate, E1der and Pionte Vis�a.
Cansideri_ng r.esic�ential growth i.n srlal.l parce�s on Vai�.�y �io�z it is
unlikely that smal.l increntent of: gro�ath �,�culd cl�ange provisions iar pa;:k
facilities as shc�wn by existing �chool si�e.
With rngard to corr�uu�ity pa.rks, ��r. Levy sa�_d �as t�he city grows over_
time, � limite_d r.umber. of additiona7_ comr:lunit:�* par� faci7.ities will
need to be considered. He pointed out and di:�cussed possiU7.e ?ocations.
Mr. Levy. said one of the questions t��hich woiaJ.cl arise ta�ul.d be whicYi of
tli� park �i.tes was considered necE.ssary for. grorath and which wer� to
malce up present deticiency. �
Op�n Spacc El.ement and h:�t,a flood p7.ain zening shcYil.d be �_I1CI.11C1�C�
under it t•rere discus:��d. •
p�--106 �tI�UTES Ur TIiE Jliiv`E 13 , 1973 [lU,TOii::�?LI) PL�'�:`Z:�I:NU CQ.1t1ISS C0`1 ;1I:ETING
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1`ir. Arnold spoke to thc concep� o� espanding rlemorial Yartc; �,�hat �unctions
t,Tere �aa:lte� to take place there. ��it. ;;E�cond �.ispect �aas Chat the �Ier,.urial
, Pari: is a very i;;ipart locatio:? to ti�e eT1�i.T:� ci�y ;:��.d t'tle iMp.:ct on the
� character ot the ci.ty is very _i7�r,ort3nt. Goes be}�onci �ure park use.
� � It was noteci that it ��:as inpo�:t��at to taJ_lc about all adciiticnal parks in
. � terns oF t�leir fut:cti.ons. '
�Co�:i. Adar,ls proposeci a resolutiott accep�ina thanks from the City Council
� and gave to Planning Uirector iot puUl:LshinU . The proposal �aas s�cor�ci�d
by Co�-n. U'KeeFe. •
• . Motion carried, S-0
�At 11:10 p.m. Comm. Gatto moved, seconded by Comm, 0'h�ef�a, to c�::t_�nue
'the ;neeting until TF:ursday, June ?4, 1973 at 7:3U p.m.
,�1PPROVED :
/s/ John W. P
• • ~ Cilaizman �
ATTEST: �
/s/ Wm. Z. Ryd �
City Clerk �