CC 06-26-6210321 2D. SIIHI M- S0eWAIS RDAD AL 2-4505
CITY OF CO PBRT1 0
.�
of ADJOO.5im imUTAR MggTTlai O' THE CITY cOuNcIL - JM 26. 1962
pr&M jaq2j So sarstoga- Sunnyvale Road .
. a
ii s mama,rilL
y �°1
Present. .$limo (8:33), Deepster, Jerttt, HLroeLti
Absent: .r9A1C2ri. : ,
miff Yreaeat :. CAitdlttsger, City Attorney. City Clerk
=7;- ,jam POa ADOPT101 ,7
L. ORDBK= tiO. 217: Sinning property of victor Calvo (appll-
cation 54-Z-62) from A -2:9 -4 to M -1 -H: 2 acres adjoining rest
atria of Higtsmy 9, Wir toutbt of Homestead. First reading held.
av VEIWC HE0_rjGSr
A. ffili7 COLS CRAFT: Application 11 -2 -61 to axone 118.0 acres
lY+Om A -2.4-1 to M-1 -H. 1F3�w, C-1 -H, and PO-HV north side of
Stevens Creek Blv1. at the eastern City limits. Hearing con-
tinued.
Boris Sta_ey Cupertino lawyer, represented the Craft applica-
tion. Be reviewed the history of the application, giving the
date of :hr application -- November_ 1960, the approximate number
of hearings held. and the months in which they occurred, etc
He then - *T,_eved the fact that the application was taken off the
calendar 3x mainly to City consideration of pending ordl.nances
which rr_.d -overn M -1 -H and PO -H districts. Recently the ap-
plicatac zs been heard again in March April and May of this
year an_ a_s-a in June.
He stated :'a: it was his understandinC that the Council, tacitly
at least has indicated that some of the application is clearly
intended _c- rezoning He draws this conclusion from the fact
that the a;zlicant has been asked to subcit a priority showing
which par: zhe entire property they :rould like the Council to
consider st. He said this seems to indicate that certain of
the prcpe-:y is ready for rezoning at the present time.
He then - Yrreved the geographical position of the property, re-
ferring :_ the proximity of the Junipero Serra Freeway and Stevens
Creek Blr! and Calabazas Creek. These factors make it a logical
area for a_ 1-duatrial park.
Mr. Stan: 7 unveiled a sap of the Craft property with the sur-
rounding area also outlined. Be pointed out the boundaries o:
the applimtion, remarking on the freeway interchange with ttolfe
Road. A::hcugh the application was presented originally as 118.4
acres the total is now calculated at 117 2 after a deduction for
the wider —,mg of Stevens Creek Blvd. Deducting the land required
for the :`^eewy leaves 95 acres. The breakdown was shown as
rollows:
ACAffi NET
(at present) (sinus &- V;iMa7, •itc.)
Mul:lple 19 -1+ 16.4
L.bet industrial '+5.3 34.8
Pro.essional orrice 2Z.5 6 .6
Commercial 27.5 0.2
Toy: 117 2 95.0
Stanley pointed out the distances to neighboring subdivisions, the
distances to the freeway Interahaage, and the distances to several
�rSino strsaq. S• ]Wfatao; the ownea of surrounding prop-
The property is
1sYgdad a the east by tha City of Santa C1aa and the County o£
-a- JUN 2 R S32
Saata Clare, on the north by the County of Santa Clara, on the south
by the City o. Cupertino and the County o; Santa Clara and on the
Seat by the City of O.pertino. Be noted the ^act that the property
Is situated on the city limits and could not be a source of objec-
tion to Cupertino residents on that score alone. The map indicated
the districts requested -- by colors yellow for apartments, red
for commercial, green for professional office A plastic overlay
radiated thF light industrial zoning sought. Mr. Stanley said
that the applicant is ready for all but the industrial area now,
and the Industrial could well be granted now if the city wants to
pnoride an industrial park for the future. He said that the Couh-
e12.00n appreciate the difficulty In getting people to develop
um10 the present zoning status. He has been contacted confide/-
aa said, conedraing the 3ocatian of industry on the prop -
eslf, but he does not even 'mm the potential firm. He reiterated
:i+ � RSlhtk the aite is a natural ,for an industrial park.
'!!e Mayor summarized by asking 3tanW if he is asking the Coarhoil
to consider the multiple, the professional office, and the comm-
9001a2 zoning at this time.
#- Stanley answered In the affirmative, adding that he is willing
to proceed on that basis and take a calculated risk on getting the
industrial park for the future. To allow the propert; to stay in
Its present zoning would be detrimental to the owners and the city,
he said, and tha situation of the land precludes its purchase for
argthirg but the Indicated zones. it is not residential property,
be said, and pointed again to the location of the freeway.
The Mayor asked the City Clem: if any protests have been submitted
other than those heard in the past. The City Clerk reported that
no new letters have been submitted.
Cooncilman Finch asked Stanley how the application compared with
that of Lester and Leonard. Mr. Stanley answered that he is not
seam of the meaning of the question but the zones indicated do fit
In with the Lester and Leonard applications and ma %e the entire
1 0 acres compatible, both as to use; street patterns, utilities,
etc
Councilmen Dempster as::ed about the Status Of the planning con-
tract. The Ci :y Manager answered that he telephoned today, and
the Planning Consultant contracts are "in the typewriter and
they are due to be signed very shortly. The mo. -.ey will then be
forthcoming, and the firm of Wilsey, Ham � 71a2r will be ready to
start :In the month of July.
ft. Stanley sail that he appreciates the need for a planner and
his clients star.1 ready to submit to any chanmes which world result
from the Master Plan as time goes on, but he sail that the Council
would agree they have waited an unusually long time and he doesn't
feel that the matter should be delayed any longer. However, if
the Master Plan and the passage o' time indicate that the picture
Presented is not correct, his clients will agree to a change. He
10"lled that the only protests which have been presented have
referred to the :,ester and Leonard properties, not to the Craft
application.
The Mayor asked Stanley, if he is insisting on a decision tonight,
adding that the del," have been largely at the request of the
applicant. Now that the City will be in business with a Planning
Consultant in two weeks, he asked Mr. Stanley if he wants a vote
tonight -
Mr- Stanley replied that it was a difficult question to answer be-
ramme of the inlicatlon that the answer may be different if the
applicant is willing to delay, but he would have to answer that he
would like to have the Council render a decision tonight.
COMCIlean Jewett stated that th- Master Planner is not going to
be the answer for everything. Rather, the Council and the Plan -
man Commission, the staff and the public are going to have to
AetiCipate in the completion o' this plan by the fire of Wilsey.
11",h Vgklr. All the phases must aid in the development of thus.
.46m*iile, Cupertino can look at such presentations, see what merit
they have, and in this instance it can be seen that there is a lot
of logic In the application. The property is in a single family
residential area- the commercial is not in excess of the commercial
frontage along the. rest of Stevens Creek Blvd.- the multiple is in
a good location being bufferred by the freeway and being on the
city limits on two sides- and the industrial is well placed along
the Calabe:as Creek and the future Junipero Serra Freeway. He said
that he would repeat oomethirg that be has said before, namely that
he cant help but feel that we Save "missed the boat" because par-
cels of land have not been saNd to sait-perspsetiee users. Zon-
lag takes a long time, he said, and - everyone luowr this. Further-
sore, Sup cdoeeRls ale not 4dterestad It.they hove to: become in-
Valved in leagthy.l+asoniag proeadures. -If ths- Boning 10 right for
_ % "ms - property, it is good for the city. The 7lastor Planner is not
going to CONS inch te11 -m preolselythat 4hie is'tbe way it is
going to be. Instead, the City Council is going to have to amke
tdese decision -wits the help o f this =p1/ui: At `the present time
the City has to get "some o!'ths land V1 ". He coneluded by say-
i r Ing that he would 1110 to see favorable action on part or all of
this application at ft as tire:
The Mayor said tla:t all the councilmen feel 'mueh as Mr. Jewett does
but one question that occurs to him is this: Should not the com-
rerclal area shown an the Craft-application be added to the Indus-
trial since there seer to be too much commercial property in the
city already? The mare may be true for the professional office
zone -- this might be better off as industrial. He added that the
Council and Planning Commissloi agreed in joint session that a
hands off policy should be adopted for the Master Plan.
Councilman Jewett said that he may not have been present at that
meeting but he does not recall any hands off policy
Councilman Finch said that he thinks that the application is good
zoning, but he does not intend to pass judgment without advice of
the Planner since he is only a layman. There is a tremendous
amount of property up for rezoning, and it would be a mistake to
grant applications at this time even though it appears to be good
zoning He said that he would have to vote no on the application
simply because he wants professional advice before casting.
Moved by Councilman Finch that the public hearing be closed, allow-
ing the applicant to speak if questioned. Seconded by Councilman
Dempster. Carried 'i to o.
Councilman Dempster questioned the theory that all property on both
sides o' a major arterial 13 automatically commercial. He said he
hasn't seen any proof of this and hesitates for this reason. The
possibility occurs to him that such property might be better for
professional offices, and it bothers him to say that everything on
Stevens Creek Blvd. and Highway 9 should be commercially zoned.
This is the one thing he intends to disagree with.
Mr. Stanley said tint the argument that there is too much commer-
cial in the city is not at all valid as a reason for denying his
application, but it means only that other commercial has been in-
correctly placed. He then engaged a discussion of the incorpora-
tion of the city and the zoning inherited from county. He said
that he knows how this zoning came about and the reasons for it
The application has been before the City for a year and a half and
the frontage has never, been opposed as coamercial property before -
The City Council must still tell the Planner what the policy should
ba, and the City lopes that this Council is not going to divest
U2021 of its legislative authority by delegating this power to the
mew City Planner. The Planner is not going to engage in precise
zoning such as the pieseat application would-be but is going to
sone:the city and prepare the•Master Plan on a rove general basis.
As repeated that the zoning prevalent in the rest of the city is
no reflection on his application but, if awthing, simply means
that some of the Cormercial already In existence is improperly
placed• The most the Planner can do is make a recommendation.
i1rrEMraore, the Plamerts decision, if made in one month, coneld-
"Ing the fact shat he is a stranger to the city• would be a pre -
mstura decision• in his opinion.
If the Council sees fit to leave the Craft property in its present
lita4c state on 11$ acres, a severe injustice will be done both to
the owner and to the city. The Craft property case into the city
upon incorporation in good faith on the basis that they would be
treated meritoriously. Failure to grant zoning at the present time
would be unfair and unreasonable, and Mr. Stanley said he would
have to maintain that the City is not doing right by his clients in
any sense oC the word.
Councilman Dempster said that he does not feel bond by commitments
r made by other :con. He still questions the frontage as being
inevitable- ecuz�l. A11 the City Comaaii has board lately is
sonnLng for som&Udm other than A -1. Tfnsne. mast be room for some
x. realdential left in-,tt+e city, and he in sbptical that all zones
but R-1 should•eaoeWatly be placed before.
Councilman Jewo!l- %ated that there may not be enough desirable
,,.. areas left for laftnftal, commercial, and professional, especially
If we continue to delay or deny. Economics will tab are or the
Situation. go said that he is not concerned with sea owrabundaneo
of eamaercial, for example, due to the flact that the economies of
the situation will take are of such a matter. Those areas which
are not economigally commercial wall, in time, find their natural
outlet and revert for favorable zoning. If the City has sufficient
zoning so that people can shop around. we may attract a lot of
business. Those properties with improper zoning, even tho-ngh com-
mercial or Industrial. wall ask for return to resaAential if they
are not able to dispose o' it as it is presently zoned. Hen as,
that be has hopes for a lot of R -1 yet to come.
Mr. Stanley stated that development has been less than desirable
In areas already zoned R -1 due maialy to the diversity of owner-
ship that is to Bay, small lots which require separate entrances
and to a great extent, constitutes spot zoning instead of an in-
tegrated shopping center such as he proposes for the Craft property
He asked to correct an impression which he may have left a little
earl_er. The Craft frontage is not commercial Just because it is
altua:e- on Stevens Creek Blvd. but primarily due to its integrated
nature and because of the street pattern which this integration
allows. this makes it the opposite of strip commercial Mr Stan-
ley as:ad the Council khat they Brant his client to do
COUn =._man Pinch said that he would li,_e to answer for his part.
"I agree that we can't pass off all the responsibility to the City
Planner and it is the responsibility o: the City Council to make
decisions, but I feel definitely it is wise to wait at least for
the preliminary plan before rulinZ on such large
tiona. i agree that the plan my be absotely pre ise aca-
details or r p y y precise as to
peciflcs, but we will furnish the Council with suffi-
cient seneralities and outlines by which they can sake an intelli-
gent de,131on based on expert advice. I intend to wait for the
preliminary plan on that basis,- he said
Mr. Stanley asked the City Council to set a date on which a deci-
sion will be made.
Councilman Dempster asked the City Manager to contact the planning
firm and find out when the Council cap& sit down with the Planner
and get definite details on the plan, namely sehsduling for a time-
table which will tell the Council when various phases of the work
will be done. He Bald the assumption le being made that this can-
not be done, but the Planner, himself, has not said any such thing,
and he feels that a timetable can be prepared as with any other
enterprise.
The Mayor summarized to the effect that there is a big doubt ir. the
minds o: the Council about rendering an answer tonight.
Mr. Stanley said that h^ concurs with Mr. Dempster and would like
to see a schedule from the planning firm. He maintained that it
has been admitted that zoning as required but that this particular
pdcture is the only question. He has no objection to asking the
Plannor for a specific date on which to answer.
L
Councilmen Jewett Bard that the Planner is an outside man, and he
said expressly that this is in no way a criticism of him. but lie
is not familiar with the City o: Cupertino, and an answer in less
than six months would be unwarranted.
He started to add that the Council cannot expect the men to pull
Houdini.
Councilman Dempster maid he is not asking the man to be a Hoadini,
but he would lift te`rely- an professional advice for Much the
City will pay.
a -IN -N by hRafea that viLh Llic of'tbe applicant
msttbe'appli an iaddHed lleegEh'6r tiye until
tae City t8i�op ty to me" lath v* Pruner
ti ad the llaneil ' am approximate date for+ preiaatation of
Dyer +•Ankry. ^tdiio6_ tlme_tbk,CAtZ.CDuw;12 -wI31. S.ve the
E�nli rt"z ; : . - as y.:Y . � - - -
rnp.'3tiaief tolgt lle &a rlt-quttl, understand tae motion
'add nnoalA Blob ti+spb[ted
-. .
'ilia ftor,askW -t f 4*. -,Cle* to rmQ:tte` motion.
Tls City Clerk a t'he'ii%er of the notion to repeAt. .fir. Finch
did this. the Attorney-suggested a notion to table and reset
for kmem attei, -days at the request of either the Council or
the applicant.
Prior notion and meteor withdrawn.
After discussion, Councilman Pinch moved that the matter be con-
Unwed, to be reset for hearing in not less than one month at the
request of either the City Council or the applicant. Seconded by
Dampater. Carried S to O.
E. DM D k3CEM Application 45 -i -61 to rezone 11.02 acres from
A -2:11-4 to C -1 -6. west side o. Hithway 9. 450' south of 11 stead
Road. Hearing continued.
MMMeeNNw�NNN
10 MDR WE RECESS
ee/eeWeee"* " "N
H. DONAW EXCELL (eont•d.): The Hayor advised the applicants that
the decision on Item IY -A is certainly indicative oe their position
on the applications to follow.
Councilmen Pinch asked the applicant, through the Chairman, if he
is present to offer to the Council some property for rezoning, s
part of his entire application, and whether any of the property 13
actually ready for development.
Councilmen Jewett said that he didn't understard that a building
Project would actually be ready to start but only that the appli-
cant present that part of the application which he wanted the
Council to give first consideration -
COnweilmen Pinch said that he wouldn't argue the point,
Councilman Dempster said that he would be most receptive if the
applicant would have specific plans for the property, assuming that
It would be o: great benefit to the owner and the City. He said
the use applies to all six applicants.
lbe Okyor asked all applicants if Paul lorlani, Jr, was supposed to
represent Items IF B to F. FA also asked If this were agreeable to
the City Oouncil and legal as far as the City Attorney is concerned.
'!he answer was in the a1Y native on all counts.
Paul lkrlani. Jr.r It tan applicants agree, l9 H to P, is it within
_the discretion of the Comsall to zone any place o" property subject
to approval of the FJfesmr within six months!
-5-
Tux lhyor referred the question to the City Attorney.
Sea Anderson: I reel it is an illegal exercise of municipal power
to delegate such authority to the City Planner. The Council cannot
set up conditions subsequent.
aerr. � have ttoo So out anexception ee who want it. The City should
immediately:
figure out a w 'A* Aevelop its zoning program within the next six
Bpmtbs DecArW might lose the plum it needs within six
months.
r as CSty Attorney �'�lwwered the question, and
-4- sq t >s&,wsA:oissliy Nt, for the purpose or
is z portion of. the IAasiani and attached ap-
OailOm@. qJ • •Sa
iP
e ltul t" Oa�v�:�� ecodom"I Lai! riorad that the marketing
ai@a mhomm`on eig is capable of $100 million in retail sales
by 1985. .Ht aid t aro tho.three. major considerations for
central ;+giom 1 21 ca�sereial development. He answered:
31
(1) location or popmlation• (2) aligrment of freeway: (3; location
of competing avmters. Be than reviewed those statistics with ref -
s'0 0 to his own application. Mr. lhriani cknowwledee, that aa%-
cessive commercial could be a burden to property
@sae tams It could help the City by offering them opportunities to
spading money, ninth the City can well use He said that he asked
no price. in term of zoning. when his lands were put into the
city.- Be asked bow the City could act favorably on zoning and still
guarantee that application ct. will come
There won't be the
turned on
when at appsoa
the subject property until the freeway Goes in, and that will be
at least two years. 807 feet as not enough for a full - fledged
regional shopping center, but it is more than enough for strip
commercial Be asked for consideration on the 800 feet now since
these things tape years to levelop.
Councilmen Pinch disputed the fact that the City would lose a good
growth by not granting zoning immediately. He said that 1: the
Marian plan is projected to 1985. why a big dAcision needs to be
made immediately He agreed that the former Planner led ham to
believe that Cupertino can stand a lot of commercial, but he said
he wants more ezaet professional advice.
better chance we Saar re what can the intelligent by waiting' presentation,
e
asked the Council to consider how the City is affected by such
delays.
The Mayor aske3 Mr. Marian if he was in sympathy with the action
on the preceaing application
Marian: ]lo.
Benetti: Do you demand an answer tonight?
Mariann: It is to the benefit of the City to get all the talent
and all the brain possible. He, the City of Cupertino, are losarg
an economic war to our neighbors.
Benetti: hound you lake to have an answer tonight'.
IYrlani: I have pinked 800 -set as the portion o: the application
to be considered tonight.
Finch- I don't see bow the applicant can gain anny:hing by split-
ting his application, especially sing he does not have an ieme-
diate project. I thought the applicant would cow in with pco-
poeals for immediato construction on certain parts of the Property•
I am willing to1ietm but I as not willing to grant zoning with-
out perspectivp building.
ho aat without deal b
soninp is ho d.tYomoters rsthe on1l people who will t
. property which is not properly zoned, and I will not have anything
to do with them. A legitlaate firm will not take any interest un-
less the land is zoned for the intended use.
Pinch: why not wait rather than take conditional zoning° If the
zonin„ is right, the Planner and Council will grant it In due time.
AL�n: The zoning sight be right- but unless the City Council
says it is right, it is wrong.
t'
Jewett: I agree that the applicant has got to have something to
present in the may of zoning before deaelopsrs will 11st��89
We to ijave c
This ahacild "11W: sIf talk It is Dot right �ercial.
if the Oomfcll sfoals it is right, the gentleman should have the
rtunity to i.. �d. I feel he should have the zoning to
-r,t .� to lotting off, and constant delay. Ye
received a 2�A; gently which seemed illof "dragging a
Its feet." I think[ we are dragging our feet bere.
something done.
hlorard Mchaighlln. 10643 Larry way: Does the City have any other
hold
ayys� t� development o 8 presented as a after the regional shopping granted
The Mayor referred to the City Attorney-
Andern- This
states basically ithat general retail sales ed
sales are permitted i Ordinance H.
The Mayor said that the City could not compel the owner to put in
certain kinds o' stores or even a development th which might be de-
fined as a regional shopping in
a C -1 -H district would have to be allowed.
Moved by Councilman Dempster that the hearing be closed with the
prvision that a applicant n Pinch. Carried ;edotoo answer Council ques-
tions.
Rather than vote on zoning of a narrow width, I would pre-
fer to consider the original blemsthanlweewould be solving by utaking it
creating early more pro
on a piece -meal basis. I feel that action tonight would be pre-
mature. and I would like to wait as In the previous hearing.
Finch: I am in
mation necessaryato make aaneintelligPgent decisionYeI will makefIt
Mariam: I agree. I would like something in the way of a date -
we can't wait indefinitely with taxes at i1,50e) per acre ii the
eventual use is going to be residential.
Dempster: The Planner must have a more definite date give prel
aim -
inary plan than we seem to be assuming. If
more specific date, I think that we ought to hear this from his.
not merely assume it.
Mr Finch: Oncehe the contract
in session signed I would like to have the Plan-
Marian: I would suggest that the Council give us an answer in
90 days.
Finch: Does that mean a specific answer in 90 days?
Marian: Yes.
Dempster: I move that the matter be continued (Items IV H to P),
to of either reset the Course In not less
applicants seconded bytPinchreQuest
Carried 4 to O.
-7-
v new busl7 9:
A. Miscellaneous
Moved by Councilman Finch that warrants 2842 and 2843 be author-
ised Seconded by Dempster. Carried 4 to O.
vi - AWOUNNOT
Meeting a9journed at 10 :45 Y.M.
App�itiYffi1.
mat-
/a/ Jobe JBioitli
r
ATTEST:
/s/ Lawrence X. Martin
wrenee K. Perrin, City Clerk