CC Resolution No. 3722 1 '
i
RESOLUTION N0. 3722
A RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF CUPERTINO
FOR SUBMISSION OF PROPOSITION WITHOUT PETITION; REQUEST-
ING THE BOARD OF SUPERVISORS OF SANTA CLARA COUNTY TO
PROVIDE FOR THE CONSOLIDATION OF A SPECIAL PNNICIPAL
ELECTION WITH THE STATE OF CALIFORNIA GENERAL ELECTION TO
BE HELD NOVEMBER 5, 1974
WHEREAS, on April 15, 1974, the City Council approved Application 10-Z-74
by Vallco Park, Ltd. and on June 3, 1974 enacted Ordinance No. 630, for the
rezoning of properties from Planned Development zone with General Commercial
use intended, and from Planned Development zone with Light Industrial use
intended, to a Rlanned Development zone with a Regional Shopping Center use
intended; and
WHEREAS, on July 15, 1974 and July 16, 1974, the City Council approved
Application 6-U-73 for a use permit for the construction of a Regional Shopping
Center containing 1,028,000 square feet; and
WHEREAS, there has been presented to the City Council a petition signed
by 2,570 citizens of Cupertino requesting the City Council rescind said use
permit or to place the matter of said use permit before the voters as a refer-
endum measure under Elections Code Section 4050 et seq; and
WHEREAS, the City Council has been advised by the City Attorney that
Elections Code Section 4050 et seq does not provide for a ref:erendum on ~he
granting of a use permit; and
WHEREAS, the City Council finds that the location^and size of a Regional
Shopping Center in Cupertino is a matter of great interest and concern to the
citizens hereof, and that it would be in the interest of all citizens to place
said matter before the voters; and
WHEREAS, the City Council desires to utilize the provisions of Elections
Code Section 4019 to place before the voters an Ordinance which would fix the
location and maximum size of a Regional Shopping Center in Cupertino; and
WHEREAS, the City Council desires to propose an Ordinance to the voters
which would limit said Regional Shopping Center to an area on the westerly
side of Wolfe Road, southerly of Freeway Route 280, with the total size not
to exceed 650,000 square feet of net leaseable floor space including the ex-
isting Sears facility;
NOW, THEREFORE, BE IT RESOLVED: .
The City Attorney is directed to prepare an Ordinance for vote of the
voters of Cupertino in conformity with the above premises.
BE IT FURTHER RESOLVED, that the City Clerk is directed to call an elec-
tion at the earliest practicable time for the consideration of said Ordinance
under Elections Code Section 4019;
BE IT FURTHER RESOLVED, that no building permit shall be issued nor
other proceedings undertaken under the use permit heretofore approved for the
Vallco Park Ltd. Regional Shopping Center facility until after the canvass
of voters on said election;
BE IT FURTHER RESOLVED that if said ordinance is adopted, said use permit
shall be revoked, but if said ordinance fails of adoption, all proceedings under
said use permit may be immediately resumed.
PASSED AND ADOPTED at.a regular meeting of the City Council of the City
of Cupertino on the day of , 1974, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
- 2 -
1
~ ORDINANCE N0.
. AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION
. 1 OF ORDINANCE N0. 2~Y REZOIQITdG APPFcO},ID'IATELY 22.33 .
ACRES FROM A PLANNED DEVELOPMENT ZONE WITH REGIOt1AL ~ •
. SHOPPING CENTER INTENDED TO A PLANNED DEVELOPMENT ZONE
. WITH A REGIONAL SHOPPING CENTER COMP;E~CIAL USE INTENDED
LIMITED TO 650,000 SQUARE FEET, LOCATED ON THE V7ESTERLY
SIDE OF WOLFE ROAD SOUTHERLY OF FREEWP,X ROUTE 280 AT THE ~
INTERSECTION OF WOLFE ROAD AND FREEWAI' ROUTE 280; AND
APPROXIMATELY 20.32 ACRES rROM A PLANNED DEVELOPMENT ZONE
WT_TH REGIOiQAL SHGPPING CENTER INTEND~D TO A PLANNED
• ~ DEVELOPMENT ZONE WITH A LIGHT INDUSTRIAL USE I2dTENDED,
LOCATED ON THE EASTr^,RLY STDE OF WOLFE ROAD SOUTHFRLY OF
' FREEWAY ROUTE 280 AT THE INTERSECTION OF WCLFE ROAD AND
FREEWAY ROUTE 280. ~
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: . •
WHEREAS, the City'Council has heretofore enacted ordinance No. 630
providing for the rezoning of properties of Vallco Park Ltd. from ,
• Planned Development Zone with General Commercial use intended ar.d from
Planned Development zone with Light Industrial use intended to Planned
Development with Regional Shopping Center use intended; and
WHEREAS, the City Council on July 15 and July 16, 1974 granted a
• use permit for a Regional Shopping Center on said properties containing
1,028,000 square feet of net leaseable floor space, including the
existing Sears facility; and
WHEREAS, the City Council on August 19, 19?4 adopted Resolution ~
No. calling for an election on an ordinance which would reduce the
size o~ the Regional Shopping Center, and limit its location to the ~
area westerly of Wolfe Road;
NOW, THEREFORE, BE IT ORDA:LNED AS FOLLOWS:
Section 1. That the following described properties be and hereby
are rezoned to a Planned Development with Light Industrial use intended:
Al1 that certain real property situate in the City of
Cupertino, County of Santa Clara, State of.California,
containing approximately 20.32 acres located on the
easterly side of Wolfe Rd., southerly of Freeway. Route
280 at the intersection of Wolfe Rd. and Freeway Route
280, more fully described on Exhibit "A" attached to
Ordinance No. 630 of the City of Cupertino, which .
Exhibit "A" is incorporated herein by this reference.
Section 2. That the following described properties be and hereby
are rezoned to a Planned Development with Regional Shopping Center use
intended, with total size not to exceed 650,000 sc~uare feet of net '
leaseable floor space including the existing Sears facility:
All that certain real property situate in the City of,
Cup~rtino, County of Santa Clara, State of California',
cantaining approximately 22.33 acres located on the
. westerly side of Wolfe Rd.. southerly of Freeway Route
280, at the intersection of Wolfe Rd. and Freeway Route , •
280, more fully described on Exhibit "A" attached to .
' Ordinance No. 630 of the City of Cupertino which Exhibit
"A" is incorporated herein by this reference.
Section 3. The use permit heretofore adopted by the City Council ~
for a Regi-`onal Shopping Center containing 1,028,000 square feet of net •
leaseable floor space, including the existing Sears facility, is hereby ~
revoked. ~ _
Section 4. This ordinance shall not become effective unless
~ passed by a ma~ority of those voting at a special or consolidated election ,
to be held for this purpose .
Introduced at a regular meeting of the Ci~y Council of.the City
of Cupertino, this day of , 1974, for the purpose
of placing before t~e
voters for a direct vote under the provisions of.
Election Code §4019, and adopted for said purpose on the day of
, 1974, by the following vote: ,
AYE S '
NOES ,
ABSENT
ABSTAIN
APPROVED
~ MAYOR, City of Cupertino
~
~
, ~
,
~ ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTION
1 OF ORDINANCE N0. 2 BY REZONING APPROXIMATELY 22.33
ACRES FROM A PLANNED DEVELOPMENT ZONE WITH REGIONAL
SHOPPING CENTER INTENDED TO A PLANNED DEVELOPMENT ZONE
WITH A REGIONAL SHOPPING CENTER COMMERCIAL USE INTENDED
LIMITED TO 650,000 SQUARE FEET, LOCATED ON THE WESTERLY
SIDE OF WOLFE ROAD SOUTHERLY OF FREEWAY ROUTE 280 AT THE
INTERSECTION OF WOLFE ROAD AND FREEWAY ROUTE 2801 AND
APPROXIMATELY 20.32 ACRES FROM A PLANNED DEVELOPMENT ZONE
WITH REGIONAL SHOPPING CENTER INTENDED TO A PLANNED
DEVELOPMENT ZONE WITH A LIGHT INDUSTRIAL USE INTENDED,
LOCATED ON THE EASTERLY SIDE OF WOLFE ROAD SOUTHFRLY OF
FREEWAY ROUTE 280 AT THE INTERSECTION OF WOLFE ROAD AND
FREEWAY ROUTE 2800
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council has heretofore enacted ordinance No. 630
providing for the rezoning of properties of Vallco Park L~d. from
Planned Development Zone with General Commercial use intended and from
Planned Development zone with Light Industrial use intended to Planned
Development with Regional Shopping Center use intended; and
WHEREAS, the City Council on July 15 and July 16, 1974 granted a
use permit for a Regional Shopping Center on said properties containing
1,028,000 square feet of net leaseable floor space, including the
existing Sears facility; and
WHEREAS, the City Council on August 19, 1974 adopted Resolution
No. calling for an election on an ordinance which would reduce the
size ~ the Regional Shopping Center, and limit its location to the
area westerly of Wolfe Road;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section l. That the following described properties be and hereby
are rezoned to a Planned Development with Light Industrial use intended:
All that certain real property situate in the City of
Cupertino, County of Santa Clara, State of California,
containing approximately 20.32 acres located on the
easterly side of Wolfe Rd., southerly of Freeway Route
280 at the intersection of Wolfe Rd. and Freeway Route
280, more fully described on Exhibit "A" attached to
Ordinance No. 630 of the City of Cupertino, which
Exhibit "A" is incorporated herein by this reference.
Section 2. That the following described properties be and hereby
are rezoned to a Planned Development with Regional Shopping Center use
intended, with total size not to exceed 650,000 square feet of net
leaseable floor space including the existing Sears facility:
All that certain real property situate in the City of .
Cupertino, County of Santa Clara, State of California,
containing approximately 22.33 acres located on the
westerly side of Wolfe Rd. southerly of Freeway Route -
280, at the intersection of Wolfe Rd. and Freeway Route
280, more fully described on Exhibit "A" attached to
Ordinance No. 630 of the City of Cupertino which Exhibit
"A" is incorporated herein by this reference.
Section 3. The use permit heretofore adopted by the City Council
for a Regional Shopping Center containing 1,028,000 square feet of net
leaseable floor space, including the existing Sears facility, is hereby
revoked.
Section 4. This ordinance shall not become effective unless
passed by a ma~ority of those voting at a special or consolidated elect~~n
to be held for this purpose
.
F-• ~
Introduced at a regular meeting of the City Council of the City
of Cupertino, this day of , 1974, for the purpose
of placing before the voters for a direct vote under the provisions of
Election Code ~4019, and adopted for said purpose on the day of
, 1974, by the following vote:
AYES
NOES
ABSENT
~ ABSTAIN
APPROVED
MAYOR, City of Cupertino
r
~'.n ~ ~ k~'{-' ` - - ~
1 ~
August 5, 1974
1~2r. William Rydero City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Dear Billo
Due to the amount of public concern over the possible
denial of a public vote on the shopping center issue, we would
like to have the enclosed resolution and proposed ordinance
placed on the August 19th agenda for discussion and possible
adoption by the Council. This would require an election under
Elections Code §4019 andp if this is adopted, we would hope
this could be consolidated with the November 5th general election.
Yours very trulyo
f ~ `ti~~+
KA HY LLIS
N ~ U ,
ROBERT MEY S
r''~~.
..._.y."~i~'~~~
JAi~'tE S E . J~$0N
~r