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PC 06-30-73 � CITY Or CUPERTINO P� 103Q0 Torre Avenue, Cupertino, Cal.ifornia 95014 Page 1 Telephone : 252--4505 MINUTES C1F THE ADJOUIZNED REGULAR MEETING OF THE PLANNING COMMISSIO HELD ON JUNE 30 , 197 3, IN THE COUNCIL CHE11'ZBER, CITY Ht�.L CUPERTINO, CALIFQRI`IA SALUTE TO THE FLAG The Saturday meeting was called to order at 10:07 A.:�I. by Vice- Chairman 0'Keefe with the Salute to the Flag. ROLL CALL Comm, present: Ada�ns, Gatto, Nellis, Vice-Chairman 0'Keefe , Comm. absent: Chairman Buthenuth Staff �present: Director of Planning and Development Sisk Associate Planner Cowan Assistant City Attorney Terry Traff ic Engineer Grigg � Consultants present: Economists Arnold and Levy PUBLIC HEARING 1. CITY OF CUPERTINO: Public Hearin� to consider the 1973 Comprehensive General Plan. First Hearing continued. The Planning Director summar.ized wh.ere the public hearings were at the last adjourned meeting when, due to the late hour, the meeting was continued to this date. Mr. �lrnold asked if there are any signif icant di£ferences in the �.` evaluation of strip versus agglomerated commercial in the different areas of Cupertino. He related this questio.i specifically to the Stevens Creek Blvd. area. He asked what the long-term objectives for this area are. He felt that these factors should be considered as they discuss the large portion of vacant property on Stevens Creek Blvd. at Portal Avenue. Vice-Chairman 0`Keefe agreed that the Planning Commission should establish a long---term philosophy for Stevens Creek Blvd. before speaking about specific properties, '(;-114 r1INUTTS OF THE ADJOURNED PLANNING COMPIISSION MEETING OF JUNE 30, 1973 ?age 2 . Comm. Gatto commented that Che thrust of the meeting on this Saturday indicaCes the willingness to try to create a balanced community. He said the need for commercial outside the town center area becomes neighb�rhood commercial, or subreJional use. There are a number of uses ttiat do not fit into the regional center. �Ie felt that develop- ment of Stevens Creek Blvd. caill probably become a fill-in of these areas. The general land use will be resi_dential, but within these areas provision should be made for small office, quasi public and other small business uses. We have to blend the need for extension of residential into other types of services in the Stevens Creek Blvd. area. ; Mr. Arnold introduced the question af whether there should be the same treatment of widening along Stevens Creek Blvd. as has been suggested for Highcaay 9. He asked the Commission if they saw this area as a connecting link between Vallco Park regional shopping center and the town center. Comm. Gatto said he saw this area as a b road street with landscaping with a combination of ample setbacic and median. He envisions a tree- lined boulevard here. iir. Arnold aslced the Traffic Engineer if this is a feasible approach. Before he could answer, Comm. Gatto said you can do a lot with street trees as visual impact. In regard to the tie between the town center and t?�e regional shopping center, Comm. Gatto did not believe there was any need for this. The separation of the two, with a tree-lined use, could well be a pleasant breaic in this more-than-one node of commerci�l activity, Comm, Adams said his views were comparable with those expressed by C�mm. Gatto. Also, if you add too much commercial along Stevens Creek Blvd.between Wolfe and Highway 9 you change that balance of community we have been looking for. You invite more people from longer distances and increase traffic. He was in favor of blending more residential in that area betcaeen those t�ao nodes of commercial. If you allow that to become strip commercial you upset the balance of the community. This would be detrimental to the total area. He believes that 10 to 20 years from now there should be more residential along Stevens�Creek Blvd. between Wolfe Road and Highway 9. Mr. Arnold said that �aill he a tough one to work out the traffic situation on Stevens Creek Blvd. Comm. Adams questioned tIze �risdom of reducing the lane widths in order to �ncrease numher of lanes on Stevens Creek Blvd., as had been proposed. , . MINUTES OF ADJOURNED PLANNING COMMISSION MEETING OF JUNE 30, 1973 PC-114 � ' � c Page 3 Comm. Nellis �aas in basic agreement �rith Comm. Gatto and Adams. We have quite a combination of prohlems in this area: some older commercial, some remodeled residences raith professional office use etc. Should these be remodeled cr phased out? She fal.t the . primary use on Stevens Creek Blvd. should be residential. Just as on Highway 9, Stevens Creek Blvd. should have community identity. She sees phasing out of some of the older commercial. She is not interested in expanding commercial on Stevens Creek Blvd. She is not interested in try�ng to tie a link between the town center and the regional shopping center with commercial uses. There will be same isolated situations where in-filling of commercial caill be necessary. Each particular situation will have to be carefully scrutinized to determine �ahether cor.unercial is right for that +- particular location. For example, she did not feel there is an in-filling situation at the northeast corner of Highway 9 and Stevens Creek Blvd. Vice-Chairman 0'Keefe believes we must consider some kind of linking betcaeen the town center and regional shopping center. �We must think about some type of protection of the residential from � these commercial areas. There are some businesses along Stevens � � Creek Blvd., such as furniture stores that thrive, due to increased traffic, unless the City is willing to buy them out. We will have to plan f:or community use along Stevens Creek Blvd. Comm. Nellis said that by limiting commercial uses on Stevens Creek Blvd., we will be creating a situation where commercial property on Stevens Creek Blvd. will become very valuable. We must create a clinate to encourage the property owners to improve their present commercial. Vice-Chairman 0'Keefe said he can�t visualize apartments next door to lumber yards, furniture stores or automotive agencies that are open 7 days a week and perhaps have loud speakers and outside lights. Mr. Arnold equated this situation with that of Che garage on Highway 9, cohere he can continue to operate under a nonconforming use permit until and unless the City decides on eminent clomain , The Vice-Chairman said he could see the lumber yard and tt auto parts store, for instance,. thriving as traffic increases. He sees , a strenothening of eYisting commercial use, based on the incr.eased traffic generated by the tocan center and the regional center. If we are to encourage the kind of fine residential developments we want along Stevens Creek Blvd., this problem will have to be . solved. If someone came in with a proposal for a new cor.mmercial building on Stevens Creek Blvd., he would have to look at it • negatively if the vacant lots are zoned residential. The eYisting uses are not compatible with the residential use envisioned for Stevens Creek Blvd. . �c-ii4 MINUTES OF ADJOURIVI�D PLANNING COMMISSION MEETING JUNE 30, 1973 Page 4 Mr, Levy said thaC if you are going to remove all commercial on Stevens Creek Blvd. it �,�rill result in all of them staying caith their nonconform- ing uses rather than upgrading their sites, Vice-Chairman 0'Keefe added that he believes the market «ill strengtii.en the nonconforming uses. Comm. Nellis said �re have the option of taking a�aay the commercial zoning, and they would operate under nonconforming uses because of the market. She said we would end up with years of nonconforming uses unless the City steps in. On the other hand, with retention of their_ com.-nercial zoning, those businesses woul.d have the incentive to improve their situations as their business increases. � Vice -Chairman 0`Keefe said ou�side lighting and loud speakers at the auto agency are not compatible with the kind of residential we would like to have along Stevens Creek Blvd. Also, lumber yards create a lot of dust. P1r. Levy said that when you get into the situation where you want to upgrade the present commercial use you get into subregional uses. He said he is confused as to the ultimate uses on Stevens Creek Blvd. at this point. Vice-Chairman 0'Keefe said it is very difficult to ask an applicant to inpro�e their property and reduce their market. Mr. Levy said you aren't going Co force anybody off their land and you are not going to take any land that you are not prepared to pay for, Comm. Gatto feels there is a need here for a long-term goal and if the long--term goal is to put the entire area into residential it would provide a low key land use in there that would act as a buffer between the towr. center and regional shopping center. It �aould act as an aesthetic relief. But Comm. Gatto agreed that Swanson Ford is not going to go away, and Haller Lumber Gompany is not going to go away, because their business is being increased. He felt the City would have to be prepared to purchase all those nonconforming uses. Comm. Gatto said the existing uses and the character of those uses should be the determinate rather than just the traffic. Vice-Chairman 0'Keefe noted that on the east sicle of Highway 9 there are onZy two businesses: cooperage/auto shop and ttie donut shop, On the wester.ly side there are a number of existing commercial uses. Nir. Arnold said that when the Com►nission decided the east side of Highway 9 should be residential it was with the understanding that there could also be a neighborhood shopping center. riINUTES OF ADJOURNED PLl�!NING COMl`ZISSION MEETING .IUNE 30, 1973 �c-li4 Page 5 Comm. Nellis asked if it was not possible to talk about two land uses and have them compatible. Vice-Chairman 0'Keefe said it would depend upon the. uses. Comm. �atto said it also depends upon the size of the property. You have much greater latitude �aith larger parcels. Comm. Nellis was anscaered by Comm. Gatto that it is a different set of circumstances 4:}ien there is one lot to be filled in next door to present commercial than if you are considering a large, vacant parcel next to existing commercial. He said a large parcel creates its own character; a small parcel would have to blend in wi�h the area. Vice-Chairman 0'Keefe answered Comm. Gatto that he could not at th's time support the City's purchasing that commercial property on the north side of Stevens Creek Blvd. Comm. Gatto said then we must face an in-filling situation. Comm. Adams asked the Assistant City Attarney if Stevens Creek Blvd. was zoned commercial, and if there are nonconforming uses, can th.is nonconforming commercial be sold? The Assistant City Attorney said that it can. t�ie do not have in our present zoning ordinances provision for eliMinating noaconforming uses. Some jurisdictions can do this through amortization. In these cases, the nonconforming uses are in relation to the length of time the buildings are in use. Comm. Adams commented that the Traffic Consultant had made the sC�tement that existing commercial zaould be enhanced by i.ncreased tra£fic and by increased residenti.al in the area. Existirig com- mercial then might want to upgrade their facilities. Comm..Adams wondered if this would be encouraged by residential. He did not thinit this was the case. He said we have here a situation of the tail. wagging the dog. Mr.�Arnold referred to discussion of low density use along Stevens a Creek Blvd. creating no necessity to upgrade and no necessity for high intensity use between the town center and regional center. Because of existing uses, he felt they should consider ather uses. He said you suboptimize if you can achieve less than optimum for that area. . . It was decided to have a recess at 11:27 A.M. to allow the staff time to assemble the colored slides of the pr.operties presently under discussion. Vice-Chairman 0'Keefe said the �ommission will then come back and opta_mize and suhaptimize. The mEeting recon- vened at 11:58 A.r1. PC�-114 MINU'�ES OF ADJOURNED PLANNING CUNIMTS5ION ME�TING .TUNE 30, 1973 Page 6 Vice-Chairman 0'Keefe announced that the slides wou?d be sho�an and the meeting would brealc for luncn at 12:30 P.M. F'rom 1:00 to 2:30 P.M, the Commission would hear comments from the audience. Then the Commission would make general statements and possibly come forth with recommendations. The Associate Planner showed the slides of the properties on the north and south sides of Stevens Creek Blvd., from Highway 9 to Wolfe Road. There are a number of older homes converted into professional offices, some vacant lots - large and small, some relatively new professional offi.ce buildings, small businesses, service stations, the Boulevard Shopping Center, lumber yard, and some existing single fami_ly homes, t The Vice--Chairman asked for comments from the audience. Mr. Jerry Fitzgerald, 10191 North Blaney Avenue, Cupertino, said he was representing the 17 acres at Portal and Stevens Creek Blvd., for Acorn Investment Corporation. In 1962 property was zoned commercial and there was an abortive attempt to put in an ice slcating rink. In 1965 it was sold to a group of people wt�o wanted to invest their hard-earned money in a piece of commercial praperty. It coas felt that piece had about the most potenti.al i.n the City of Cupertino. He cited the money paid in interest and taxes since that time. They have $1,5 million sunk into that property today. That land, as residential, would be worth � $35,000 per acre. There are only 15 acres left, after improvemer.ts. They �vere the first to give the deed for widening of Stevens Creek Blvd. He does nat believe the City inCends to live up to its commitments made over many years. He said the property owners put up a 6' masonry wall the entire length of the propeYty �ohen the residential was put in next daor. They have allowed community projects such as rodeo and fireworks stands on their property. Flowers were raised here only one year. He said the City has a moral obligation that they don't intend to abide by. Residential alternatives don't make any sense at all here. Mr. Fitzgerald said he wanted to correct a statement in the newspapers that said he represented a pro-Mariani group. He said he represents a pro-Cupertino group. The man �aho is going to spend the money should make the decision on the location of the regional shopping center. He said the red and �ellow str_ipes on the ma� are doing the same thing the red dots did on the previous zoning map. He said the City of Cupertino has the best controls of any city in this County. It is not all economic. With the present controls, the City can malce the developers do a good job. MINUTES OF ADJOURNED PLANNING COMl�1I:SSION M�ETING JUN� 30, 1973 PC-114 � Page 7 Comm. Nel.lis agreed that the City does have controls, but what we are talking �Uout is land use. If we leave the zoning as is we ca.nnot come out in terms of traffic. She aslced P'Ir, Fitzgerald if acceptance of the Goals Committee Report represents c.ommitment. Mr. Fitzgerald said ttie input from the Goa]_s Committee i4 ctiiefly the input from the CommiLtee for C;reen Foothills and not repre- sentative of al.l factions of the City. Conm►. Gatto asked Mr. Fitzgerald if the assumptions were that the abilit� to carry traffic were limited and approach the volumes on the displayed chart, within that abil_ity to carry and service a community did not lead to a limited development. He said it would indicate a magnitude of development. It has been demonstrated that the City cannot support high dPnsity. He submitted tliat 40 units per acre residential �aould generate jusL as much tr_affic as a commercial development. Mr. Fitzgerald said �ae should be looking at solutions to the traffic problems rather. than down zoning. Comm. Gatto said the ability to service the entire area is very important. Full comr,iercial development along these roads would make traffic impossible. Mr. Fitzg�erald said that if he �vas a planner, with six freeway interchanges, he would maice sure no residential got into that core area. He stressed that this is the hub of the entire �dest Vall.ey. Comm. Nellis said that the consultants have said that in order to support qual_ity commercial, i.t should be limited to 500,000 sq. ft. She asked Mr. Fitz�erald if he tYiought the marketplace can support that much qua]_ity commercial. Mr. Fitzgerald's cor.�nent �oas that we could buy and develop all the parks and open space we want with the sales tax. On moral commitment, Comzn. Nellis asked if he does not feel there is a moral commitment to the residents of Cupertino. Mr. Fitzgera d said nobody can prove to him that they violated the 1964 General Plan. There were public hearin�s on rezonings. Mr. Sam Anderson, who was then City Attorney, said that every time rezonin�s took � place Chey were upgrading the General Plan. Comm. Nellis said that individually, those chan�es loolced good; but when you look at the total picture it doesn't look that good. Mr. Fitzgerald said it is all in what you are looking for. Comm. Nelli_s wanted to address the situation of allo�aing all the commercial to develop. In turning, your city into intensive use there is a greater nee�i f.or open space. rir. Fitzgerald said ther.e is greater need for open space when you cr_eate multi-reside.ritial. There i.s also an increased need in schools. 'C-114 MINUTES OF ADJOUF�NED PLANNING COrL�IIS5I0N MEETING JUNE 30, 1973 'age 8 Comm. Gatto noted that �cae presently have 250 acres oi undeveloped commercial land. Mr. FiCzgerald said that some of those commercial properties may never develoP as cotr�mercial because the market won't bear them out. Comm. Gatto, in tallting about subregianal commercial., feels it is a more positive manner to go in and see where the comuiercial would be most desirable. Comm. Ne11is saic� the only arguments for commercial that she has heard have been economic. Vice-Chairman 0'Keef e asked Mr. Fitzgerald what he es*_imates the value taould be of the nortih side of SCevens Creek T3�vd. from Wolfe Road to Highway 9. Mr. Fi�zgerald said it would be difficult to evaluate, du� to the mixed situation there pres�ntly. He added that they have rejected many proposals for the large parcel, waiting for one that is right for Cuperfiino. Comm. Ad�.ms said r.e appreciated Mr. Fitzgerald's comments. The fact �ha� ha is a former Citq Counci7_man and Planning Commissioner and Member of �he Architectural and Site Appro�Jal Committee gave weight to his remarlcs. Still, as a resident, the developmcnt of the i,ity as a whole. is o£ utmost importance to him. I�e wa� looking for the optimum solution and still solve the traff ic problems. He wondered if we could look at that total strip on Stevens Creek Blvd, as PD with limitations on amount of square footage permitted. We u�ed that criteria on the ta�c�rn center and on the northwest quadrant of Highway 9. He added that the economics would permit: complete commercial development on 5tevens Creek Blvd, but the traffic won't. Mr. Arnold said a choice is going to have Co be made. The Commission has stated 50 acres or 500,000 sq. ft. is the Maximum commercial. Mr. Fitzgerald said the landotaners behin� hzm do not support this 50 acre figure. He believes the input studied iiz arriving at this 50 acres f igure was incorrect. I Comm. Nellis said SB9� changed the picture of industrial paying school districts. It is conceivable that this could also happen r�rith comm�rcial sales ta�. She said she want� �o help all citizens of Cupertino, not just one or two inCerest groups. � MIi�TUTES OF [�DJOURNT:D PLI�NNING COM�tTSSION P�I�ETING TUNF 30, 1973 PC-114 - Page 9 Mr. Pau1_ T1ax�iani, .�Iomest�ad Road at fligliway 9, said �ae sometimes forget that in the f:inal analysis, al? these efforts that we are all pointing to are �ahat is good faY the neople. He gets disturbe when fingers are pointed at landowners as bad guys, By what devin right do ��e impose our. lif_e style on the entire community, he aslce . We t�zlk about restoring monopolizin� ar.eas for com.nercial use in this case. He asked �ailo we are hurting? We are hurting the resi- dents becau,e we are restricting the goods and sc.r.vices offered to him within �aallcing distance. He reminded the Planning Commissio�z that this Country was built on a competitive sy�teT.n. Comm. Gatto sail this is exactly what we are trying to avoid, is the monapoly. Th�re is a need for neighborhood type services. There is a need for subregional uses. There is no reason why thes� subregional areas can't tae consolidated into � general area. If you a11o�,� them to scatter in the community it is detrimental to these areas. He said the questi.on is to deterriine how much this City can support betwe.en now and 198fl. He said this is the infor- mation �tiTe have been trying to get from the consultani:s and from anybody else wit�i information. Mr. Mariani did not want to leave the i_inpression that planni_ng is not necessary. He merel.y wanted to say �111 due respect to the consul�_ants) that th�y are not God. He said we h.ave to tiave some- thing in the way of safety in surplus. I�Ir . Arnold asked how you would 1 imit i.t . A1r . Mariani said his �ather tol.d him long ago that he was not the prettiest nor the sm�rtest in the family so he`d better surround himself with people who are. He questioned whether any kind of limitatiun had to be made. He said that if we want.to attract the talent into this community we have to keep the opti.ons open. • Vice-Chairman 0'fieefe said he agrees with this idea of life st}�le. We want diversi.ty rather than morrotony. He aslced the meani.i�g of the phrase "safety in surplus". Mr. Mariani explained thaY_ if we �aere God �ae could determine just what �ae need and �ahere �tie need it , ° If we are going to lceep the person in the community, the primary person we are working for will come back to ma?cing it possible to have the greatest variety of goods and services available to him, We need people from within and without our community. ��e need capital and talent from�wittlin and without. Keep your options open. Comm. Gatto said that if you allo�a this choice of. a f.ree marlcet within a plan you have to determine the limits. One requirement of this City is there is a definite need for. commer.cial develo�;ment in the City. You try to assi�n a level. o£ commercial. You have to determine amount and. locations. ?C-114 MINUT�S OF AD30URNED PLI�NNING COI"L^IISSION M�ETING JUNF. 30, 1973 .'age 10 r1r . Mariani f ur. ther explained �that he meant hy saf_ ety in surplus was , to talce for ex��mple, if we are assuming a regional shopping center is good tliinking for the City of Cupertino, and �re decided on 60 acres for this purpose, what happens if the departmctlt store said. they don't like the ].ocation the City has chosen? If you have two 60-acre areas for the stores to choose fr�m, there is .less chance of losing tlie stores altogether. Vice--Chairman 0`Keefe aslced how you would implement this plan. i�tr. P'Iariani said you woul.dn't turn it over to the marlcet but, on the otiier hand you don't ignore *"he market. 11r. Mariani noted that nobody ' from the floor or the poclium has indicated tha� the landowner can come to the City and ask to have his property rezoned to something different. IIe said if there is no regional stioppin� center for his land he does not know of a feasible alternative use for it. He said it was his opinion that we cannot ignore the marketplace. If we take the position where we can conceivably lose the depar. tment store , the�1 �,Te have done a dis- ser.vice to the people. He said this is a ver_y real possibility. Comm. Nellis said she does not�see the.landowner as the "bad guy". She sees hir�, as or.e part of the entire City. She said t�e are all in the same boat and we had better get our oars togetl and try to get somewhere. �1r. Don Bandley, 1U045 South Higl��;�?�� 9, said he has waited through many hearings to speak for vest;ed interests. He said tney bought the property at Stevens Creek Blvd. and Portal ��cenue as zoned cor.unercial. They studied the general plan at the �ime. They coop�rated �aith this and ot:her endeavors. Tliey still plan to coope.rate. They are disappointed that the focttis of the exhibits is on the location of the regional 5ltopping center. He does not believe a ne�v general plan will stay f i<>ed ariy more tha!z the iaembers of the Plann:ing Commission will stay fix�d. Economics dictated much of the action on the old general plan. He feels the past City officials were just as dedicated as the present group. �Ir . Bandley wanted to spe3k to the ? 4�i- acres on ttie south side oi Stevens Cr.eek Blvd, at Portal and from L�7_aney to C<�lab<,z�s Creek-- some 4U acres originally purcliased by Louis Pagnini. A p�.irk � SC:Y1G0�. site and res.'tdential were put en c`.ie ba�_ance �f the p�'operty up to the 500' n:arlc �iesignated as commerc�.a]_ . The prcpe� ty � sPli.t by Porta]. Avenue. People in the area were satis�ied this arra �4�Gs �ae:ll plat in that there we.re servi.ces provided for the area. He said thi; quadrant is 95; developed. `.Chey visualized this as a,good i.ivestm4nt and �.�ad Cl zoning. He fe.lt th�t not e.nougti consideration '.Ias bE:en �iven to the resi_dents iti tti� communi_ty and to thei_r needs. To� much attention w�s giverl i:he �:egi_onal shopoiz�; center. 'ThE� 1964 gf�neral plan ;ave con.sid�ration to the commun.'tty. He does not thinlc �ae are going to coine up wir_h anythin� better now. F'�-114 MINUTES OF AT)JOURNED PLANNING CO"�i�ISSION TIEETING JUNE 30, 1973 Ya;. e _l l NIr. Bandley.said he is jtist as interested in the overall development of the City as anybody. He does z�at fee� enough time has been spent on the new general p1an. tIe aslced the ?'lanning Commission to recommend this particular parcel to remain as presently zoned. Ne is also in sympathy with other lando�,rners . Comni. Nell.i_s asked Mr. Bandley �,That specific type commercial he was talking about. Mr. Bandley said he was Cal_king about i.nst.itutional uses, clothing stores , educat�onal £acilities, etc. He said th.a.t in all four quads there is a need for goods and services. He does not think that in planning these services should be defined. Vice-Chairman 0'Keefe said the statements made at this meeting will have influence on decisions made by the Planning Commission. The meeting broke for lunch at 1:30 P.M. The meeting reconvened at 2:30 P.M. It �aas the general concensus of opinion of the Comriissioners that they were prepared- to make a decision on Stevens Creek B1vd. Comm. Gatto said that he did r,ot want to cut off any comments f_rom the audience, hocaever. . If all who ��rish to be he_ard have not spoken by 2:45 or 3:00 P.M. , then the meeting should be continued. Mr. John Torre, representing the Torre family, said that in the interest of time, he fully agrees with.statements made by Messrs. Mariani, Fitzgerald and Bandley. He believes the City has a committnent to the property owners. On that property north of Stevens Creek Blvd,, bet���een Blar.ey and Portal,. three acres until the frontage was taken, and 19945 Stevens Creek Blvd. belonging to an estate, he could not see anything besides commercial there. This is not suitable for high rise or low rise. Hisinother's }lome is right next door to a bar, She only wants to live out her life in her home there, The depth of these properties is the same as the Boulevard Shopping Center and the Mission Furniture St:.ore. Peaple in that area have complained about a lack of • services for the�n. This area is suitable for agglomerated commerc�al. Mrs. Ann An�;er, Nionta Vista, said that at the last couple of ineetings the statement has been made that there is not much difference between owning property and playing the stocic market. She toolc issue with that staCement. The C�nstitution protects property rights. If a speculator comes and purchases some land and asks for rezoning and no�,r claa_ms it is worth much more is one thing, The property owner will be protected in the courts. The Assessor decides ��r11a.t property is worth. MINUTES OF ADJOUR�'vED PLANNING COMMISSION MEETING JUNE 30, 1973 PC-114 Page 12 Comm. Nellis said this Commission is not.trying to take autay anybody's property rights; zoning righCs; agreed, Mr. Arnold said tt�e General Plan is on the agenda for the next Cit Council meeting. If they so desire, the Plannin� Commission could go to the Council with partial decisions, but they must be accom- panied with a policy statement. Therefore, if anytlling is going to be presented on July 2nd to the Council, :it should be resolved at this time. The Commissi.oners.did not believe this could be accomplished at this meeting. The Assistant City Attorney said there wil� be a public hearing on the General Plan at the July 2nd City Council meeting, but because of the communication received on what.the Council desires to have it is certain the Commission will not be able to accomplish this. � MINUTE ORDER: Moved by Comm. Nellis, seconded by Comm. Gatto, t� notify the City No report to Council that the Planning Commission cannot complete their studies Council at in time and do not feel it appropriate to transmit a fragmented this time report. Motion carried, 4-0 Mrs. Jackie Hall, 1�629 Baxter, said the Cupertino Goals Committee Report was one of the inputs used Y�ere. The entire :.on�ununity was encouraged to join this group that was started in 1970. There have been three phases and every effort has been made to give everybody a chance to work on it. She reaci portions of the Report giving aims and policies. She said the Goals Committee worlced with the City Council in which these statements were explored and any questions by the Council �vere answered bq iriembers of the Committee. Juanita Mcl,aren said �here was one owner of a small parcel on Nerth Btaney, directly behind and beside the St:ell service station that should be spoken to. The o�ane.r is in il1 health and does not live in the are� an;T longer. There are twc lots .left next to the 7-11 market , and they are zoned cormnercial. They are not sho�an on tt:ese maps. Ttiey are trying to combine these two lots. This is directly across the strE�et from an existing shopping center. The Ylanning Director said there will be public hearin�s on this and the cot�sultarits will present �liei_r findings . p':-114 ".�IT:�UTES OI� AD.JOU�'�I:) YI,�'1'vNING CU`��iI55IGi� ri��:I:'1'1:tiG JU�F. 30 1973 1'a�;e ]_3 , The AssistanL City Attorne� ans�,�ered Vice-Chairman 0'I�;eefe that much of tlie property �ae are carlcerned �ri_th is under the Interim 'I.oning Ordinance, which will exp:ire July .lsr. He £eels that it �:rould be appropriate for the Y1�3nning Coi;uri�i ;sior� to make their feeiinr s known as to an appropriate interira ordin:�nce being extended or rene�aed until compleLion of the get7eral plan. �loved by Co�u:i. �ellis, seconded h,� Comr.��. Gatto ttlnt ��e, th.e Pianning Com�nission, recommend that the Cit; Council take the necessary steps to postpone develop�ent until co;:�pletion of t.he oeneral plan. Coru�i, Gatto asked if �„e are speaking of specific land use or of the general plan. � He sai.d tl:e inain thrust of the pian has been to allow the moratorium to be re�oved once the new general plan is completed. �iotion was amended by ��ice-ChairMan 0'Keefe, seconded by Comm. Gatte to include the words "or portions thereof". Af ter further deliberation the aUove motion and amendment �aere �vithdraum. Pioved by Comm. Nellis,' seconded by Co�. Gatto that t11e Ylanning Co:r�nissi.on recommends to the City Council thar. the Urgeiicy Interim Zoning Ordinance be extended until the Pla.ining Cor.raission is in a position to make land use decisions caith respect to completion of Che general plan studies or any part thereof. AYES: Cor,un. Adams, Gatte, Nellis, Vice-Chairman 0'Keefe �, h0E5: None ABSENT : Chairman Butlienuth Motion carried, 4-0 11DJ OURI�^TM1EhT , �loved b5� Conun. Nelli.s, seconded by Comrn. Gatto to adjourn the meeting to 'ihursday, .Tuly 5, 1973 at 7:30 P.;�i. :�feeting adjourned at 3:03 P.1'i, ;lotion carried, 4--0 ' TTEST: APPROVED: /s/ Wm. E. R��der /s/ John W. Buthenuth City Clerk Cliairman �