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CC 10-07-68 adjourned CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 95014 MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL AND THE PLANNING COMMISSION HELD OCTOBER 7, 1968 IN THE COUNCIL CHAMBERS, CITY H.\.LL, CUPERTINO, CALIFORNIA The meeting was called to order at 7:30 p.m. by Mayor Noel. Councilmen present: Beaven, Fitzgerald, Stokes, Noel. Absent: Council- man Dempster. Also present: City Attorney Anderson; City Manager Storm; City Clerk Ryder; Recording Secretary Lucie M. Matzley. Planning Commissioners present: Irwin; Buthenuthj Puetz; Frolich. Absent: Commissioner Hirshon. Staff present: Director of Public Works Finney; City Engineer Boyd; Senior Planner Laurin; Assistant Planner Nuzum; Director of Parks and Recreation Parham. Mayor Noel explained to the audience that this meeting had been called for the purpose of determining the thinking of the Planning Commissioners who had previously recommended a change in the Planned Development Ordinance, which change had not been passed by the City Council but referred back to the Planning Commission for further study and reconsideration. Subsequently, the Planning Commission had reconfirmed their original recommendation to the City Council and, because of the fact that there were certain questions left unanswered, this meeting had been called to ascertain the reasons for the vote by both the Council members and the members of the Planning Commission. Planning Commission Chairman Frolich recapitulated the discussions that had taken place during the previous meetings of the Planning Commission. It had been the consensus that combinations of uses other than Commercial and Residential for anything less than fifteen acres was meaningless. Developers should know at the time of application what they want on smaller parcels. If the desire was a matter of speculation only for larger parcels, the request for re-- zoning probably would not be for Planned Community. cc- 27 call to order roll call - council roll call - planning reason for 'meeting defined discussions summarized Councilman Fitzgerald wondered if the Planned Community zoning would not aide the City in restricting and controlling some of the uses councilman's the City feels should not be in a Commercial zone. The reply to this inquiry was that specific uses could not be pinned down in a Commercial zone. I In response to a question from the C~ty Council, City Attorney Anderson said a Use Permit was a grace and not a right so that any reasonable I condition may be attached. Rezoning,-, howeve.." is not too success- attorney's ful a vehicle for attaching conditions and are susceptible to misuse. opinion He thought a goo,', c "'11 1n $.' ,could be if the acreage in question was large enough to have a development within itself irrespective of effects on contingent property the Planned Community was better. page 2 statement discussions concluded adjournment Minutes of the City Council October 7, 1968 CC-27 Joint discussions cont'd It was Attorney Anderson's statement that this is not a test of Commercial as it should be compatible with the surroundings, Mayor Noel concluded the discussions with his thought that if a reduction to the ten acre minimum was put through now, it would be difficult to increase it later, If the fifteen acre minimum was adopted now and found not to be satisfactory, it could be reduced at a later date. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that the meeting be adjourned, The meeting adjourned at 8:00 p,m, APPROVED: Mayor~~~ ATTEST: ft d, fl- City Clerk